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