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HomeMy WebLinkAboutContract CAG-17-239 . 2017 WaterWorks Council Allocated Grant King County Agreement Cover Page Year: 2017 Project Name: Heather Downs Detention Pond Water Quality Retrofit Project Recipient: City of Renton Funding Amount: $70,000.00 Project Summary Retrofit a City-owned detention facility in the Heather Downs residential development with a combined detention/wetpond stormwater facility to provide detention and basic water quality treatment for pollution generating surfaces from a 30 acre drainage area. The added wetpond is expected to treat metals, nutrients, and bacteria. The removal of sediments, metals, bacteria and nutrients benefits ratepayers with cleaner and safer water resources for recreation and improved habitat for aquatic resources. Primary Contact: Ron Straka Phone: Email: rstraka@rentonwa.gov Start Date: January 7, 2018 End Date: November 30, 2019 Agreement between City of Renton and King County Heather Downs Detention Pond Water Quality Retrofit Project—Round 2 WQIP 2017 Page 1 of 14 WaterWorks Grant Program Grant Agreement AGREEMENT between City of Renton and KING COUNTY This is an Agreement between City of Renton,hereinafter the"RECIPIENT"and King County, a political subdivision of the state of Washington,hereinafter the"COUNTY."This Agreement is effective as of the date of the COUNTY signatory. The purpose of this Agreement is to set forth the terms, conditions, and the legal and administrative relations that apply to the RECIPIENT in exchange for financial assistance in carrying out a proposed project entitled Heather Downs Detention Pond Water Quality Retrofit Project, hereinafter the "PROJECT." Section 1. Background and Recitals: A. Proposed PROJECT benefit or improvement to water quality and/or the regional wastewater treatment system and its ratepayers: Retrofit a City-owned detention facility in the Heather Downs residential development with a combined detention/wetpond stormwater facility to provide detention and basic water quality treatment for pollution generating surfaces from a 30 acre drainage area. The added wetpond is expected to treat metals, nutrients, and bacteria.The removal of sediments,metals,bacteria and nutrients benefits ratepayers with cleaner and safer water resources for recreation and improved habitat for aquatic resources. B. The COUNTY plans and proposes to remunerate the RECIPIENT for the purpose described in Subsection A above in an amount up to,but not exceeding$70,000.00, hereinafter the"AWARD." C. This AWARD is made with the understanding that the RECIPIENT will complete the PROJECT as outlined in the Scope of Work(Exhibit A) and will fulfill reporting requirements as described under the Terms and Conditions of this Agreement. D. The RECIPIENT plans to contribute to this PROJECT a cash and/or in-kind match valued at$130,000.00, to be verified in submitted PROJECT reports. Section 2. Terms and Conditions: A. The PROJECT shall be in accordance with the tasks and activities specified in the Scope of Work(Exhibit A). Any modifications must be requested in an Agreement Amendment Agreement between City of Renton and King County Heather Downs Detention Pond Water Quality Retrofit Project—Round 2 WQIP 2017 Page 2 of 14 and be approved by the Director of the Wastewater Treatment Division(WTD) in the COUNTY's Department of Natural Resources and Parks. B. The COUNTY will,upon execution of this Agreement, establish procedures to allow payment to the RECIPIENT of all eligible expenses for approved activities up to the limit of the AWARD. Payments are on a reimbursement basis; except in special circumstances, at the discretion of the COUNTY,where advances of a portion of the AWARD may be made. Twenty percent(20%)of the AWARD amount will be withheld by the COUNTY until receipt of the final Quarterly Progress and Expense Reports and the Closeout Reports. C. 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 the 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, and to meet the requirements of all applicable state and federal laws. D. The COUNTY will reimburse RECIPIENT for expenses on a quarterly basis, following receipt and approval of Quarterly Reports and a Closeout Report. Twenty percent(20%) of the AWARD will be held back until a close-out verifies fiscal and programmatic compliance with the terms and conditions of the agreement. 1. The RECIPIENT shall be responsible for submitting the following PROJECT progress reports: Quarterly Reports (including narrative and expense sections), Closeout Report(including narrative and expense sections); including backup documentation such as photos, copies of articles, and financial backup such as copies of receipts. 2. Quarterly Report narrative and expense sections shall be submitted together using the online system using the provided format and following instructions from WaterWorks grant administrators. a. The Quarterly Reports are due thirty(30)days after the end of each quarter. b. If no expenses are made during a quarter,no Expense section is needed. However,the narrative section should still be submitted and indicate that no expenses were made during that time period. c. The expense section should detail expenses and include backup documentation of expenses. The narrative section should include documentation proving the project activities took place, such as photos, workshop agenda, volunteer sign in sheets,etc. Agreement between City of Renton and King County Heather Downs Detention Pond Water Quality Retrofit Project—Round 2 WQIP 2017 Page 3 of 14 3. The Closeout Report shall be submitted online using the provided format and following instructions from the WaterWorks grant administrator and will include closeout documentation. a. The Final Closeout reports are due thirty (30) days after the end date of the PROJECT or not later than December 31, 2019. E. Failure to submit the aforementioned Quarterly Report on the PROJECT progress within ninety(90)days of the due date may be cause for the COUNTY to terminate this agreement for non-performance. Termination would require the return of any funds advanced but not already spent executing the PROJECT, as well as forfeiture of AWARD funds for activities not completed by termination date. F. Failure to provide all of aforementioned documentation may result in the need to withhold part or all of the AWARD. G. Costs eligible for payment shall be limited to those costs identified in the Budget(Exhibit B)and incurred during the effective dates of this Agreement. H. Any and all activities to be funded by this Agreement to the RECIPIENT shall be completed by November 30, 2019. If needed, an Agreement Amendment may be granted to extend the terms of the contract beyond the end date, adjust the scope of work, or change the budget details(but not increase the total AWARD amount), conditioned upon approval by KING COUNTY. The extension must be requested and approved at least sixty(60) days in advance of the original end date. The RECIPIENT agrees to acknowledge the COUNTY in all media,publications, and signage that are produced as part of the PROJECT. This includes press releases,public service announcements,posters, flyers, signage, Web pages,blogs, and videos. The RECIPIENT will use the wording provided in Exhibit C of this Agreement(Credit and Disclaimers). Section 3. Legal and Administrative Relations: A. The RECIPIENT shall maintain such records of expenditures as may be necessary to conform to generally accepted accounting principles and to meet the requirements of all applicable state and federal laws. The RECIPIENT shall maintain and submit to the COUNTY any such records as the COUNTY may require to conduct any audit of the PROJECT it may elect to conduct or to substantiate expenditures paid for by this AWARD. The RECIPIENT shall maintain and retain books and records related to the Agreement for at least three(3)years after the termination of said Agreement. B. The COUNTY's financial assistance to the RECIPIENT shall be construed by the parties as a special disbursement to the RECIPIENT to fund activities, as described herein that generally benefit the COUNTY's efforts to leverage or complement the water quality mission of the regional wastewater system. The COUNTY's sole obligation under this Agreement between City of Renton and King County Heather Downs Detention Pond Water Quality Retrofit Project—Round 2 WQIP 2017 Page 4 of 14 agreement shall be to provide funds to the RECIPIENT and this agreement shall not be construed as a contract for services between the RECIPIENT and the COUNTY, or as establishing a principal agent relationship between the COUNTY and the RECIPIENT. No joint venture or partnership is formed as a result of this Agreement. C. The RECIPIENT shall be solely responsible for the recruiting,training, and supervision of its employees and volunteers. Individuals hired and paid by the RECIPIENT shall not, in any event,be construed to be employees of,or contractors to,the COUNTY and the RECIPIENT shall defend, indemnify and hold harmless the COUNTY from any and all claims arising from any contention that said individuals are employees of, or contractors to,the COUNTY. This condition shall survive the termination of this Agreement. All actions undertaken under the funding provided by the terms of this agreement are, as between the COUNTY and the RECIPIENT,the sole responsibility of the RECIPIENT. No employees,agents,volunteers, or contractors of RECIPIENT shall be deemed,or represent themselves,to be employees of the COUNTY. D. RECIPIENT agrees for itself, its successors,assigns or by others including,without limitation, all persons directly or indirectly employed by RECIPIENT,or any agents, contractors, subcontractors,consultants, subconsultants,volunteers, licensees or invitees of RECIPIENT,to defend, indemnify,and hold harmless the COUNTY, its appointed and elected officials, and employees from and against liability for all claims, demands, suits, and judgments, including costs of defense thereof for injury to persons,death, or property damage which is caused by, arises out of, or is incidental to RECIPIENT's exercise of rights,privileges, and obligations under this Agreement, except for the COUNTY's sole negligence. RECIPIENT's obligations under this section shall include, but not be limited to all of the following: (i) The duty to promptly accept tender of defense and provide defense to the COUNTY with legal counsel acceptable to the COUNTY at RECIPIENT's own expense; (ii)Indemnification of claims made by RECIPIENT's own employees or agents; and(iii)Waiver of RECIPIENT's immunity under the industrial insurance provisions of Title 51 R.C.W. but only to the extent necessary to indemnify the COUNTY,which waiver has been mutually negotiated by the Parties. In the event it is necessary for the COUNTY 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 3.D shall survive the expiration, abandonment, or termination of this Agreement. E. Nothing in this Agreement shall be construed as prohibiting the RECIPIENT from undertaking or assisting projects developed outside the purview of this Agreement,or entering into agreements with other parties to undertake said projects in accordance with whatever terms and conditions may be agreed to between the RECIPIENT and other parties. F. The COUNTY shall be under no obligation to continue this agreement and may request partial or full reimbursement of payments it made to the RECIPIENT should the Agreement between City of Renton and King County Heather Downs Detention Pond Water Quality Retrofit Project—Round 2 WQIP 2017 Page 5 of 14 RECIPIENT fail to perform according to the terms and conditions of this Agreement, whether or not failure to perform is within the RECIPIENT's control. G. This Agreement may be amended at any time by written concurrence of the parties through a formalized Amendment Agreement Form and will terminate upon fulfillment of all obligations contained herein. H. The COUNTY may terminate this Agreement immediately for cause. If this Agreement is terminated the RECIPIENT shall return any unused portion of the funds advanced up to the date of termination. Invalidity or unenforceability of one or more provisions of this Agreement shall not affect any other provision of this Agreement. J. In its performance under this Agreement the RECIPIENT shall not discriminate against any person on the basis of sex,race, color,marital status,national origin,religious affiliation, disability, sexual orientation, gender identity or expression, age except by minimum age, and retirement provisions,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. K. Authority: Representations and Warranties. Each signatory to this Agreement represents and warrants that he or she has full power and authority to execute and deliver this Agreement on behalf of the entity for whom he or she is signing. L. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all counterparts together shall constitute but one and the same instrument. The exchange of copies of this Agreement and of signature pages by facsimile transmission,by electronic mail in"portable document format"(".pdf')form, or by any other electronic means intended to preserve the original graphic and pictorial appearance of a document, or by combination of such means, shall constitute effective execution and delivery of this Agreement as to the Parties and may be used in lieu of the original Agreement for all purposes. Signatures of the Parties transmitted by facsimile shall be deemed to be their original signatures for all purposes. M. The effective date of this agreement is the date of COUNTY signatory. Agreement between City of Renton and King County Heather Downs Detention Pond Water Quality Retrofit Project—Round 2 WQIP 2017 Page 6 of 14 AGREEMENT SIGNATURE PAGE #,, OF R��gt��nuk+rUrrE 1 City of Renton by: ti .Y. Denis Law, Mayor * = SEAL sir Signature: itd;'4',144t TED AT ST: g4'I,Oi% $IQ-��.�`�� Date: t 2 l k /-2 Jas n th, City C1 KING COUNTY by: A0P, Signature: fil Mark Isaacson, Division :►'rector,Wastewater Treatment Division Date: j '4' r3 Agreement between City of Renton and King County Heather Downs Detention Pond Water Quality Retrofit Project-Round 2 WQIP 2017 Page 7 of 14 EXHIBIT A: SCOPE OF WORK The task(s) set forth below summarize the RECIPIENT's activities to be performed under this agreement to complete the PROJECT. All activities in the following tasks, including deliverables,must be completed by the expiration date of this agreement unless otherwise modified through an Agreement Amendment Form and approved by the COUNTY in writing. Any work performed or costs incurred prior to the effective date of this agreement will be at the sole expense of the RECIPIENT. Goal One: Effectively administer and manage the project Activities: Conduct, coordinate and schedule project activities and assure quality control. Communicate with affected parties. Ensure the project is completed per the scope of work on time and within budget. Output: The project deliverables are completed per the scope, on schedule, and within the budget of$200,000. The project is ready to go to bid without further modifications. Compare the actual project completion date with the proposed completion date and compare the actual expenses with the proposed budget to evaluate the efficacy of the project manager. Goal Two: Obtain required permits Activities:Prepare and submit the required land use application for environmental review and comply with the SEPA determination. Output: SEPA determination is issued by the City's Planning Department. The City has obtained the required permits necessary to start construction. Goal Three: Complete engineering design, and prepare plans and specifications Activities: Conduct field reconnaissance and surveying. Perform hydrologic and hydraulic analysis. Complete engineering design, and construction plans and specifications per the City of Renton Surface Water Design Manual and applicable municipal codes. Output: Stamped engineering reports,plans and specifications in compliance with the City's standards. The project is ready for bidding and construction using the completed design plans and specifications. The project will meet the requirements of the City's design standards and applicable federal state, and local laws and regulations. The project will produce a bid ready set of plans and specifications that will allow the construction of an aesthetically pleasing,low cost, and effective solution to treat stormwater runoff in the Heather Downs residential neighborhood. The new water quality facility will remove sediments,metals,bacteria and nutrients to provide cleaner and safer water resources for the community and environment. Agreement between City of Renton and King County Heather Downs Detention Pond Water Quality Retrofit Project—Round 2 WQIP 2017 Page 8 of 14 EXHIBIT B: BUDGET Costs are limited to those approved by the COUNTY in the current Budget. Costs should be reasonable and necessary to carry out the task. All activities and PROJECT expenditures must be completed according to this agreement unless otherwise modified through an Agreement Amendment Form and approved by the COUNTY in writing. Any work performed or costs incurred prior to the effective date of this agreement will be at the sole expense of the RECIPIENT. An Agreement Amendment must be completed and approved to change a scope of work,request an extension, or if the budget expenditure category might deviate more than ten percent(10%of Grand Total). For more information,contact your grant administrator. A B C D E F G BUDGET ITEMS: Description GRANT CASH IN-KIND CATEGORY SOURCE OF CATEGORY (rate or unit x quantity) AWARD MATCH MATCH SUBTOTAL MATCH (indicate if pending or secured) `d 'Pending -City of Staff salaries& $30,000.00 , fit,j ,rN Zenton Surface Water benefits .a r Jtility CIP Staff salary using billing or fully burdened rates Project supplies, materials, and 00 q equipment �e9i Commercial services V "~ r �. �aaky �S,� rG aY Consultant/contractor Pending-City of services $70,000.00 $100,000.00 ��� enton Surface Wate i `$ ' Itilit C:IP Transportation Other costs Project Subtotal 70,000 „ ,s ' Overhead ; �. " Grand TOTAL h r a*� +1"0,000;. f 3100' '�$ , '. � >� ' Agreement between City of Renton and King County Heather Downs Detention Pond Water Quality Retrofit Project—Round 2 WQIP 2017 Page 9 of 14 EXHIBIT C: ACKNOWLEDGEMENTS AND DISCLAIMERS King County Department of Natural Resources and Parks Wastewater Treatment Division Logo and logo standards: For electronic versions of the official logos and logo standards, contact your grant administrator. The above logo must be included on all printed documents and electronic media produced in carrying out the PROJECT. This includes signage,posters, documents, brochures,flyers,newsletters,newspaper advertising,Web pages,blogs,and videos. Credit for materials produced as part of the PROJECT: Acknowledge PROJECT funding by including the following sentence with the logo: This project is funded by the King County Wastewater Treatment Division If your PROJECT has multiple funders, it can say: This project is funded in part by the King County Wastewater Treatment Division Disclaimer language: For items where opinions or advice or a list of organizations or businesses are included in the copy(e.g., an interpretive panel, a guidebook, or a directory),please add the following disclaimer sentence: The content herein does not constitute an endorsement by King County government,its employees, or its elected and appointed officials. Agreement between City of Renton and King County Heather Downs Detention Pond Water Quality Retrofit Project—Round 2 WQIP 2017 Page 10 of 14 EXHIBIT D: AGREEMENT TERMS AND PROCEDURES ACKNOWLEDGMENT: Please acknowledge KING COUNTY in all written and electronic media(publications, signage,press releases,public service announcements,posters, flyers,Web pages,videos,PowerPoint presentations, etc.). Refer to Exhibit C for further information. ADVANCE: Advance payments are allowed in some cases at the discretion of the COUNTY; documentation of payments made from advances shall be submitted to the COUNTY prior to any further requests for AWARD funds. AGREEMENT AMENDMENT: This document must be completed and approved to change a scope of work,request an extension,or if the budget(Exhibit B)might deviate in any PROJECT cost categories by an amount equal to or greater than ten percent(10%)of the total AWARD amount. This form is available from your grant administrator. BALANCE OF AWARD: Any amount of your AWARD not spent on this PROJECT must be returned to KING COUNTY, if an advance was issued. CLOSEOUT REPORT: This report documents the successful completion of the PROJECT according to the scope of work. The Closeout Report is due thirty(30) days after the end of your agreement period and must be submitted online, following instructions from the WaterWorks grant administrator. This includes two sections: 1. Financial Closeout documenting the records of expenditures for the PROJECT (reconcile your project expenses, award, cash, and in-kind match). 2. Narrative Closeout documenting the successful completion of the PROJECT according to the scope of work. The final report will include a narrative, outreach materials, copies of communication materials, and tools created for and about the PROJECT. ELIGIBLE CHARGES: Only expenses in the categories listed in the budget page of this grant agreement can be covered by this AWARD and only up to the indicated amount without prior authorization. FINANCIAL RECORDS: Maintain a record of your expenditures to conform to generally accepted accounting principles. Retain records for at least three (3)years after the end date of your agreement. It is highly recommended that if you use a computer to track your project expenses you assign a code to this grant. If you keep track of your expenses manually,you will need to make copies of your receipts or other"manual"documents. This way,you will be able to document your expenses. MATCH: Keep track of cash and/or in-kind match amount as it is described in your budget (Exhibit B)because it must be documented in your Financial Closeout Report(Exhibit H). MILESTONE: Milestones are considered significant actions or events marking important progress or change in the stage of development of the Agreement between City of Renton and King County Heather Downs Detention Pond Water Quality Retrofit Project—Round 2 WQIP 2017 Page 11 of 14 QUARTERLY REPORTS: This report includes two sections; a progress section that provides a status report on the progress of activities and goals identified in the scope of work; and an expense section for reimbursement of costs each quarter. The quarterly reports are due thirty (30) days after the end of each quarter. SCOPE OF WORK): Keep track of your activities as they relate to the scope of work you provided. You will have to document the progress when submitting your Quarterly Reports and Closeout Report. START DATE: The start date of this agreement is the date of the COUNTY signatory. Expenses can be posted as of the start date of your agreement but not sooner. (Same thing as Effective Date.) Agreement between City of Renton and King County Heather Downs Detention Pond Water Quality Retrofit Project—Round 2 WQIP 2017 Page 12 of 14 • Agreement between City of Renton and King County Heather Downs Detention Pond Water Quality Retrofit Project—Round 2 WQIP 2017 Page 13 of 14 EXHIBIT E: FUNDING AUTHORITY The funding authority for this AWARD comes from the COUNTY,through its Department of Natural Resources and Parks,which operates a regional system of sewage treatment and conveyance facilities for which it collects charges from local governments. Said charges constitute the source of revenue for operation of the COUNTY'S sewage treatment system. By agreement with said local governments, this revenue can be used only to fund expenditures that are related to the development, operation,maintenance, and replacement and improvement of said system. By budget authority,the COUNTY funds activities related to the regional water quality objectives advanced by the development of the sewage treatment system. Agreement between City of Renton and King County Heather Downs Detention Pond Water Quality Retrofit Project—Round 2 WQIP 2017 Page 14 of 14