HomeMy WebLinkAboutContract � CAG-15-217
Project Name: N 30'"St and Burnett Avenue Storm System Improvements Award Numbcr: 4.15.14
AGREEMENT FOR AWARD OF
FLOOD REDUCTION GRANT FUNDS
BETWEEN CITY OF RENTON AND HING COUNTY
This Agreement is made between King County, a municipal corporation, and the City of
Renton("Recipient")(sometimes 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 31,2016.
Project Contacts:
King County-Kim Harper,Grant Administrator, 206-477-6079, Kim.haraedu kinQcountv.tzov.
Recipient-Joseph Farah,425-430-7205, Jfarah(�a?rentonwa.�ov.
SECTION 1. RECITALS
1.1 Whereas, the King Caunty Flood Control District("DistricY') 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")hy 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
� 13 Whereas,on November 12,2013,the District's Board of Supervisors passed Resolution
FCD2013-143 which established a Flood Reduction Grant Program and criteria for
� awarding grant funding for projects, and on November 3, 2014,the Board passed
Resolution FCD2014-14-3,which authorized an allocation of$2,883,634 from the
District's 2015 budget to fund flood reduction projects; and
1.4 Whereas, on August 31, 2015 the District's Board of Supervisors passed Resolution
FCD2015-10.l, which appmved 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 '
for the project, as described in Attachment A to Resolution FCD2015-10.1 ("Project") in 'I
Page 1 of 7 II�
Project Name: N 30�'St and Bumett Avenue Storm System Improvements Awud Number: 4.15.14
the amount of $185,000 ("Awazd"); and
1.8 Whereas King County has received a Scope of Work and a Budget for the Project from
the Recipient and has deternuned 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 FCD2015-10.1, 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 Counry agrees to pay the Award amount to Recipient in the total amount of
$185,000 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 FCD2015-10.1. 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 execurion date of this Agreement provided that 1)they have been identified by
Recipient as being within the scopes of numbers 2} and 3)belaw, 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 incwred in carrying out the
Scope of Work and are authorized by the Award as identified in the Budget of this
Agreement;4)such activities and expenses otherwise comply with all other terms of this
Agreement;.and 5)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
Page 2 of 7
Project Name: N 30'"St and Burnett Avenue Storm System Improvements Award Number: 4.15.14
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 effecrive date of this
Agreement nor more frequently than every three months after the aforementioned date.
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 fmm the advance payment shall be
submitted to King County prior to any further requests for payment. Twenty percent
(20%)of the Award amount will be withheld by King County until receipt of the final
Request for Payment,wluch shall be accompanied with a final report, as described in
Section 2.6 of this Agreement.
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 at the same time as the Close-out Report form. 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 shal) address the flood reduction
benefits accomplished by the work. .
2.7. The Recipient's expenditures of Award funds shal(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.$
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 Re.cipient 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(CORE) as revised.
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Project Name: N 30`�5t and Burnett Avenue Storm System Improvements Award Number: 4.15.14
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 shall
obtain from King County the specific language of acknowledgement and any 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
respecrive 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 ta 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 helshe has been fully authorized to execute this Agreement
an 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, 2016. 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 7
Project Name: N 30'�St and Burnett Avenuc Storm System Improvements Award Number: 4.15.14
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 COU Y: REC NT:
.
By � �-�'� By
Name a-r�- ��aCSan Name Denis Law
Utrc�-�^. Wl-'R D1V�5I6�'�,
Tide pt�!2.P Titte Mayor
Date��3 ��5� Date
�
Attest: � �i �0 � I
Jas�n Set , City er
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Pa�e 5 of 7
Project Name: N 30'�St and Burnett Avenue Storm System Improvements Award Number: 4.15.14
EXHIBIT A: PROJECT DESCRIPTION
PROIECT NAME RECIPIENT DESCRIPTION MATCH AWARD
N 30`"St and City of Renton Replace an existing 12-inch storm line from N $378,Q00 $185,000
Burnett Avenue 30th St to N 31st St,located on private property
Storm System that floods due to lack of capacity and
Improvements maintenance because of inadequate access. A
new 12-inch and 18-inch storm line will be
installed in City ROW at N 30th Street and Bumett
Ave N. The project will altow better access for
maintenance of the storm system and prevent
flooding.
EXHiBIT B: SCOPE OF WORK
TASKS ACTIVITIES AND DELIVERABLES TOTAL DATES
SHARE OF When is the
AWARD task starting
FUNDS and ending?
TASK 1- Construction of 1350 lF of 12-inch dia and 18-inch dia $185,000 March 2016—
Construction Polypropelene pipes,7 Type 2 Catch Basins and 3 Type 1 June 2016
Catch Basins(See preliminiary engineer's estimatej
TASK 2— City staff prepare design plans,specifications, construction $0 June 2015—
Prepare plans engineering management,environmental permitting and December 2015
and permits grant administration.
TASK 3- Prepare reimbursement requests,progress reports,final $Q luly 2016
Grant report and the�nancial closeout documentation.
reporting
Permits/ State all required project permits and authorizations: <<;;;���,h�.;a�:�#. lune 2015—
� ,�:.�����"�r;;.
permission SEPA Checklist/City of Renton ;���.,. ;��,:•. September
(if applicable) Ds�`"��� �,� 2015
Credits How.where and when this grant will be acknowledged as �a��; `,=� September
funded b the Kin Coun Flood Control District: ��_��.,% j��`� 2015—Ma
Y B tY ,����,��,;�;�w Y
The projed design and specifications will include a project ��i'�:�;;�„��`�;_� 2016
construction si n to be erected once construction be ins that "':�`��'��'�"'��<;�
� B �<,�� �<_;._
will indude the funding source(KCFD)and grant award �'�"�':�"�,"����''.; ,
� ��..
amount. Additionally,KCFD will be recognized on the City ?��:�-=gV�;�g;���-=m
.�,..:,<�.:�,.�.
project website that has a description of the project,once the :;��:w'��':��c�,�' '
U
..,�s .,��.,_�.�;:,
grant is awarded. � +;r`ffi',=�::>.:.''
�t'
Page 6 of 7
`' .
Project Name: N 301h St and Burnett Avenue Storm System Improvements Award Number: 4.15.14
EXHIBIT C: BUDGET
GRANT I FINANCIAL MATCH(not required)
AWARD I SOURCE � SOURCE � SOURCE MATCH
BUDGET ITEM TOTAL SHARE I Renton I I TOTAL
STAFFING ( $35,000 � � $35,000 + � � $35,000 �
PROJECT SUPPLIES � I I � I I
COMMERCIAL SERVICES $528,000 $185,000 $343,000 $343,000
(Constroctlon Controct)
AND CREW TIME
TRANSPORTATION � I I I M I
E�XPENSES/OVERHEAD I I I I I ( I
OTHER I I I I I l I
REALESTATE-RELATED I I I I I I
COSTS
TOTAL � $563,000 � $185,OOQ I $378.000 I ( � $378,000
Page 7 of 7
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