HomeMy WebLinkAbout5325 t
RESOLUTIOIV NO. 5 3 2 5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
ACCEPT STATE GRANT FUNDS FROM THE KING COUNTY
FLOOD CONTROL DISTRICT FOR THE 37T" STREET NW
FLOOD CONTROL PROJECT
WHEREAS, the City of Auburn desires to alleviate annual localized flooding issues
and better manage the storm drainage network at the 1000 block of 37t" St NW; and
WHEREAS, the need for the improvements is recognized in Auburn's adopted
Comprehensive Storm Drainage Plan — December 2015; and
WHEREAS, completing this Project will address the flooding issues by inereasing
conveyance capacity of the storm drainage network along 37th St NW; and
WHEREAS, the City applied for and was awarded a state grant from the King
County Flood Control District in the amount of $210,000.00 to finance the design and
construction phases of the Project; and
WHEREAS, while the Flood Control District does not require a local funding match
for the grant, the City has made available additional storm drainage funding in the
approved City budget to help fund the Project; and
WHEREAS, it is in the best interest of the City to use grant monies to finance
capital improvements to the storm drainage system.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, '
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That the Mayor is hereby authorized to accept the King County Flood
Control District state grant for which the City has sought funding and has been awarded
for the 37th Street NW Flood Control Project. The Mayor is further hereby authorized to
Resolution No. 5325
Octobe�23, 2017
Page 1
execute a Funding Agreement befinreen the City and the King County Flood Control
District for the design and construction of the above identified project, in substantial
conformity with grant requirements and the agreement attached hereto, marked as Exhibit
A and incorporated herein by this reference. The Mayor is further hereby authorized to
execute any further supplemental agreements consistent with project and grant
requirements as may be necessary for any and all future phases #or the Project,
expending up to the total amount of the grant.
Section 2. That the Mayor is authorized to implement such other administrative
procedures as may be necessary to carry out the directives of this legistation.
Section 3. That this Resolution shall take effect and be in full force upon
passage and signatures hereon.
Dafed and Signed this �day of w�.� , 2017.
CITY OF AUBURN
NANCY BAC
MAYO R
ATTEST:
�(�,�.'�'' -
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
��,,..,
/�
iel B. He'
City Attorney
Resolution No. 5325
October 23, 2017
Page 2
Project Name: 37'h Street NW Flooding Elimination Awazd Numb.er:4.17.01
EX�IIBI'I' A
AGREEMENT FOR AWARD OF
FLOOD REDUCTION GRANT FUNDS
B�TWEEN THE CITY OF AUBURN AND KING COUNTY
This Agreement is made between King County, a municipal corporation, and the City of
Auburn ("Reeipierit") (collectively referred to as the"pa.rties"and in the singular"party"), for
the purposes set forth herein. This Agreement shall be in effect from the date of execution to
December 31,2019.
Project Contacts:
King County—Kim Harper, Grant Administrator, 206-477-6079, Kim.harper�kingcounty�ov.
Recipient— Tim Carlaw, 253-804-5060, 'I'carlaw a,auburnwa.�ov.
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 Resolu.tion
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 FCD2016-203, which authorized an allocation of$3,058,908.00 from the
District's 2016 budget to fund flood reduction projects; and
1.4 Whereas, on August 21, 2017 the District's Board of Supervisors passed Resolution
FCD2017-05.1,which approve.d 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 7
Project Name: 37`�'Street NW Flooding Elimination Award Number:4.1'7.01
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 FCD2017-05.1 in
the amount of $210,000.00 ("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"j, 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 whieh King County will provide
funding from the District in aecordanee with Resolution FCD2017-05.1, and the Grant
Policies and Procedures, and under whieh 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 Re¢ipient in the total amount of
$210,000.00 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,
attaehed hereto and incorporated herein by this reference, contains a description of the
Project as described in Attachment A to Resolution FCD2017-05.1. 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 sha.11
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 oceur after the District passes a resolution approving an
Page 2 of 7
Project Name: 37`h Street NW Flooding Elim'tnation Award Number:4.17.01
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.
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 Cou.nty upon
exeeution 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 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 se.parately 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
reeords. 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 7
Project Name: 37�h Street NW Flooding Elimination Awazd Number:4.17.01
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 p.erformed in a manner which protects and safegu.a.rds the
environment and natural resources and which is in compliance with loeal, state and
federal laws and regulations. The Recipient shal.l implement an appropriate monitoring
systerii or progratn to en.sure 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.
5ECTION 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 hereo£ 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 I
Agreement may from time to time be inodified by written amendment which shall be
executed by duly authorized representaf.ives 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 parhy
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 31,2019. 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.
Page 4 of 7
Project Name: 37�'Street NW Flooding Elimination Award Number:4.17.01
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
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 appropriafions 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.
HING COUNTY: RECIPIEN'T:
By By -
Name Name ��' ���� S ����
Title Title ��0%e-
Date Date ��v � ��1,
Page 5 of 7
P"roject Name: 37�'Street NW Flooding Elimination Award Number:4.17.01
EXHIBIT A: PROJECT DESCRIPTION
PROJECT NAME RECIPIENT DESCRIPTION LEVERAGE AWARD
The proj.ect will increase capacity of a drainage
channel culvert located at tHe Puget Sound Energy
Christopher Substation access driveway by replacing
a 12 inch culVert with a large box culVert.This will
37th Street NW eliminate a long-term flooding problem on 37�h St
Flooding City of NW and the Inter-Urban T�ail,as well as on the PSE $0 $310,000.00
Elimination Auburn property and driveway.This will end years of road
closures during flooding events,and ensure safe
consistent access to local businesses,through traffic,
the non-motorized commuter and recreational trail,
and the electrical substation that serves large areas
of Auburn and Federel Way.
EXHIBIT B: SCOPE OF WORK
TASKS ACTIVITIES AND DELIVERABLES APPROX.PERCENT MONTH/YEAR
OF AWARD TASK WILL BE
REQUEST COMPLETED
Task 1: Submit reimbursement request forms,backup documentation for 5�'o November 2018
Project b.illing,and progress reports at least eve.ry 6 months. Submit a
Administration Fiscal Closeout form and a Closeout Report form with the final
(Required task) reimbursement request.
Task L• Preparation of design plans,specifications and cost estimatesfor 15% November 2018
Planning, the 37th St NW Flooding Elimination Project.This task will also
Design,and include support for the public bidding of the construction
Permitting documents and procurement of the construction team.The initial
planning and budgeting conducted by Auburn staff will ensure the
project design is ready to proceed starting in January 2018 and the
construction will be completed iri 2019,pending grant approval and
administrative considerations.
Deliverables:
� o Construction plans providing the detail needed for
construction,stamped by a WaShington State Iicensed Civil
Engineer.
e Mitigation plans that may be required under Section A
below.
• PSE agreement for access to PSE's site during coristruction,
as described in Section A below.
Page6of7
Project Name: 37"'Street NW Flooding Elimination Award Number:4.17A 1
TASKS ACTIVITIES AND DEIIVERABLES APPROX.PERCENT MONTH/1►EAR
OF AWARD TASK WILL BE
- —
REQUEST COMPLETED
Task 3; The City of Auburn provides in-house construction management of 1,0% October 2019
Construction all capital/public projects.This includes a bVashington State
Manage.ment Licensed Engineer as the construction manager and an experienced
construction inspector who typically inspects construction activity
more than d.a.ily and inspects/documents inspection of all aspects of
¢onstruction projects.In addition,Auburn has qualified GIS staff
that manages as-built data for incorporation into exisfing data sets.
Task3 includes various documents necessary to ensure that the
constructed project meets the design re,quirements established in
Tasks 2.A brief description of the documents is proVided below:
• Auburn will prepare and keep current a construction
schedule for the project.The first construction schedule
will be required within 30 days of start of construction;
schedule will be revised as needed to reflect any major
changes in timeline.
e Aubum will provide a copy of the"as-builY'drawings once
construetion is complete.As-built drawings are necessary
as some modifications may be necessary to complete the
project;however,those modifications cannot significantly
change the design.
a Auburn will produce a Declaration of Completion to be
signed by both the City of Auburn inspector and the
construction projectmanager.
Task.4: The Cify of Auburn will contract with a qualified construction 70% Ocfober 2019
Consfruction company to build the culvert project.The contracted company will:
• Prepare the site for construction,inclusive of clearing
limits,grubbing,grading,and mobilization
e C.onstruct the storm facility upgrade to the design
stanclards identified in the enginee"red plans
• Provide sediment and erosion control measures
Deliverables:
• Complete drainage channel upgrade constructed to
engineered plans
• Cost sheet for construction costs once at 100%
EXHIBIT C: BUDGET
GRANT FINANCIAL LEVERAGE(not required)
BUDGET ITEM AWARD SOURCE NAME L,EVER TOTAL(Grant
REQUEST AGE. +�everage)
TOTAL
AMOUNT
STAFFING $60,000.00 $0 $60,000.00
COMMERCIAL SERVICES AND $15U,000.00 $0 $150,000.00
CREW TIME
TOTAL $210,000.00 $0 $210,OU0.00
Page 7 of 7
,�
P;oject Name: 37`h Street NW Flooding Elimination . Award Number:4.17.01
AGREEMENT FOR AWARD OF
FLOOD REDUCTION GRANT FUNDS
BETWEEN THE CITY OF AUBURN AND KING COUNTY
This Agreement is made between King County,a municipal corporation, and the City of
Auburn ("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 31,2019.
Project Contacts: Luis Barba, P.E., Project Engineer, 253-931-4013, lbarba�a auburnwa.gov
King County—Kim Harper, Grant Administrator, 206-477-6079, Kim.harper(c�kin c� ounty.gov.
Recipient— Nancy Backus, Mayor, CityofAuburn 253-931-3041, nbackus(a�auburnwa.gov.
SECTIOIV 1. RECITALS
1.1 Whereas,the King County 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")by and between King Gounty 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 FCD2016-20:3, which authorized an allocation of$3,058,908.00 from the
District's 2016 budget to fund flood reduction projects; and
1.4 Whereas, on August 21, 2017 the District's Board of Supervisors passed Resolution
FCD2017-05.1, 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 beeri 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
Page 1 of 7
r�
u
Project Naine: 37`!'Street NW Flooding Elimination Award Nuxnber:4.17.01
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 FCD2017-05.1 in
the amount of $210,000.00 ("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 Exliibit 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 Reeipient's application for the Project, and the Resoliition 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 Cou.nty will provide
funding from the District in accordance with Resolution FCD2017-05.1, 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 County agrees to pay the Award amount to Recipient in the total amount of
$210,000.00 frorn 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 FCD2017-05.1. King County shall
pay the Recipient in accordance with the terms of the Grant Polieies and Procedures.
2.:3. The Recipient represents and warrants that it will only use the Award for the Scope of
Work of tliis Agreement and in accordance with the Project Budget. The Recipient shall
be required to refund to King County that portion of the Awa_rd which is used for work or
tasks not ineluded 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 coinpletion of
the Scope of Work and issuance of the Final Report, as further described below.
2.4. Acfivities 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
Reeipient 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 specif ed 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 7
. `
Project Name: 37'�'Street NW Flooding Elimination Award Number:4.17.01
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
exeeution 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 documerits
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 Reeipient by King County upon
execution of this Agreement. The final report shall include a summary of the Projecf'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 aecepted 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 Resipient shall be required to track proj ect 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 sueh audit.
Page 3 of 7 I
.,
i
Project Name: 37�'Street NW Flooding Elunination Award Number:4.17.01
2.10. The Recipient shall retain all accounting records and project files relating to this
Agreement in accordance with criteria established by the Wasliington 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 subcontraetors is performed in a manner which protects and safeguards the
environinent a.nd 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
respecti�e successors and assigns.
3.2. This Agreement constitutes the entire agreement between the parties with respeet 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 Agre.ement 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 31,2019, In the event that the
Project is not eompleted by this date, King County has the discretion,but not the
obligation, to terminate this Agreement and retain any unexpended Award funds.
Page 4 of 7
.
�
Project Name: 37`�Street NW Flooding Elimiriation Award Number:4.17.01
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
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 eomplete 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 COUNTY: RECIPIENT:
By n...�.-,�.�..� By
Name �rs`l, �Q.��e Name Nancy Backus
Title D_(IreG'�ir'� W L��IJ(�� Title Ma, o�y of Auburn
Date i Z.-r , � �� Date ��� �I 1
Page 5 of 7
I
Q
Project Name: 37�'Street NW Flooding Elimination Awazd Number:4.17.01
EXHIBIT A: PROJECT DESCRIPTION
_ _ _
PROJECT NAME RECIPIENT DESCRIPTION LEVERAGE AWARD
The project will increase capacity of a drainage
channel culvert located at the Puget Sound Energy
Christopher Substation access driveway by replacing
a 12 inch culvert w'ith a large box culvert.This will
37th Street NW eliminate a long-term flooding problem on 37�h St
City of NW and the Inter-Urban Trail,as well as on the PSE
Flooding Auburn $0 $210,000,00
Elimination property and driveway.This will end years of road
closures during flooding events,and ensure safe
consistent access to local businesses;through traffic;
the non-motorized eommuter and "recreational frail,
and the electrical substation that serves large areas
of Auburn and Federal Way.
EXHIBIT B: SCOPE OF WORK
TASKS ACTIVITIES AND DEUVERABLES APPROX.PERCENT MONTH/YEAR
OF AWARD TASK WILL BE
REQUEST GOMPLETED
Task 1: Submit reimbursement requestforms,backup documentation for 5�o November 2018
Project billing,and progress reports at least every 6 months. Submit a
AdminiStration Fiscal Closeout form and a Closeout Report form with the f'inal
(Requiced task) reimbursement request. ' � �
Task 3: Preparation of'design plans,specifications and cost estimates for 15% November 2018
Planning, the 37th St NW Flooding Elimination Project�This task will also � ,
Design,and include support for the public bidding of the construction
Permitting documents and procurementofthe construction team.The initial
planning and budgeting conducted by Auburn staff will ensure the
project design is ready to proceed starting in January 2018 and the
construction will be completed in 2019,pending grant approval and
administrative considerations.
Deliverablesc
• Construction plans providing the detail needed for
construction,stamped by a Washington State licensed Civil
Engineer.
o Mitigation plans that may be required under Section A
below.
• PSE agreement for access to PSE's site during construction,
as described in Section A below.
Page 6 of 7
Project Name: 37�'Street NW Flooding Elimination Award Number:4.17.01
TASKS ACTIVITIES AND DELIVERABLES APPROX.PERCENT MONTH/YEAR
OP AWARD TASK WILL BE
REQUEST COMPLETED
Task 3: The City of Auburn provides in-house const�uction management of 10% October 2019
Consiruction all capital/public projects.This includes a Washington State
Management Licensed Engineer as the c.onstruction manager and an experienced
construction inspector who typically inspects construction activity
more than daily and inspecis/documentsinspection of ail aspects of
construction projects.In addition,Auburn has qualified G1S staff
that manages a.s-built data for incorporation into existing data sets.
Task 3 includes various documents necessary to ensure that the
constructed project meets the design requirements established in
Tasks 2.A brief description of the documents is provided below:
• Auburn will prepare and keep current a construction
schedule for the project.The first construction schedule
will be required within 30 days of start of eonstruction;
schedule will be revised as needed to reflect any major
changes in timeline.
• Auburn will provide a copy of the"as-built"drawings once
construction is complete.As-built drawings are necessary
as some modifications may be necessary to complete the
project;however,those modifications cannot significantly
change the design.
. Auburn will produce a Declaration of Completion to be
signed by both the City of Auburn inspector and the
construction project manager.
Task 4: The City of Auburn will contract with a qualified construction 70% October 2019
Construction company to build the culyert project;The contracted company will:
o Prepare the site for construction,inclusive of clearing
limits,grubbing,grading;and mobilization
e Construct the storm facility upgtade to the design
standards identified in the engineered plans
o Provide sediment and erosion control measures
Deliverables:
a Complete drainage channel upgrade constructed to
engineered plans
e Cost sheet for construction costs once at 100%
EXHIBIT Ct BUDGET
GRANT FINANCIAL LEVER,AGE(not required)
BUDGET ITEM AWARD SOURCE NAME LEVER TOTAL(Grant
REQUEST TOTAL +�everage)
AMOUNT
STAFFING $60,000.00 $0 $60,000.00
_ __
GOMMERCIAL SERVICES AND $150,000.00 $0 $150,000.00
CREW TIME
TOTAL $210,000.00 $0 $210,000.00
Page 7 of 7
Itesolution FCD2097-05e1e
KING COUNTY ���„�`r"��°°:",�`='�°""�4}O
� StS T'A�n3�1vc:�vz
S:atit�r,W':\Pl3;s;:
Signature Report
King Coun#y
August 22, 2017
FCD Resolution
�'roposed Ao.FC.Z3_!'l's;-i3�.i Spansors .
1 � RE.SO[_U'i'InN rel3tin�to t'ti�:t�pc�ations��nd fir.�rces a�f
i Ihe kin�;Ca�u�ty Flt>itd Cuctcrol 'l��nr•i}sErict;�ut�c�siting �
3 t:�e ezptn�irwr�uz I7istrict fuxYu�s€'��r pr�.l.�ects�yd ucte�;icica
R ii�acc��ro3ance s4•ith t�ie F1c�od KecBuctiott C.ar�nts.
5 Virf•i�R�AS.tY�c hinK County°Fli�t'��i Cunvu!Zcane�istrict("Distaict") :3d��pis ar,
6 anTru;ti t4a�r1; ��cu�;raii:,h�:c.':�r.�,Cl�tc!'J21C1�',tiD:ICIk�'ZS F�li"�1151�;C.4ElIl:},.,bpital hudget and six-
7 ycsr rapital icnpm4c�nccit�m��ain�+ursuant to charter 4t�.1�RC�ti',an�
8 t`'t[t:Ft>}15.is�?Oda,thc Uis�act crr�?�d thc F[cx�c!Reciuctir..n Grar�i i.ini� te�
9 �rovide gra�r�:nji��for pruje�;ts��iRh tltx�d:c't1UCtiUtl�tCri�ItlS,is�cludint, but rnit I
SO 1�riik�d to, surfa�e cvattr ove�tl<�:vs.ncar shc3re i?o��c�:n+�p, laE:e.#lac��in�duz to�utfii,lv
21 hf�+i:�:ak�,c�r tha cCetae{ui�e o�'r.log;�c�i a�Trieultural efr:unagc s}i,tcros.�ni3
r ,
3? '41•'HF.,RL:A�,the Ga;trit;t�jr�irc:�'.c9 t��nlia�tsL fi.�}cii�ag�c�},��x:t.x in the, Fic>c,�
13 ReYlucticr*�Grunt fae.nd;s:zsd i
lJ ��'C-�i:12E:A�.ity e.,t.'lt1l{5�1575L(}tC Uts?nc.t's?()1�huti�rt,thc Di�tri�e pruvid�d
1S :s3,;9f,7C;i)in �ar;cli.lg iie t:he fl�:���r] R�rliaction Gr.�nt Fur...d;and
16 S4'HERF�S,a.clectii>n ci:mmit4ee cxzm}1a.�ed�f ih4 tliTecE���of'the ws�er t3nd 1<tnci
Y y rc�c.�s�r�:.es divs�ian nf tne Kin€C�un!. dc�ar^�n�.�nt af n�atidrat r��our�cs a�id per�:.,ihe
IA [)s.�;iriet'ti i:YCC:tIil1�'c ti1Ti;CIilf 7;�(j 8 Ii1MT1EEf�P.Val;�:titic:C�Pi1C4t:alrrtert�hr�rc:�'iCt+l�C�l�l'2i�i7
1.9 �pplic•bti€zns t��r�Zrrsnt ft�n�s�n�made a rcc�umir�n�z�tzt�n�e�ari�in�th�rat t�+aiie[)istri�.e;
1
,
FRG Program Policies&Procedures 24 September 2017
a
FCa r�ese.uticr,
20 �VE-I�REAS,t�t�e C>ictrict's exes:uiivr c�,minertee revie�v�r]tfaa sefer.tenn
a2 c�nttTfitte�'s re�;oiKiantKi+�uti�,r�,;
2a Vr'H�REAS,ba�cd un[he ru�c>name���.itiat�of tt3��ci��,Kic��c.��n�ninz�,as
23 �c�n�;tirrrd anc�m�x�tf14'i��� IiiC Ut5[�I�l�ti EXC4LULIVQ C07i1TI11rIf:C�the tx�ard c?f super�isr�+rs
24 dzsires Eo�:od�r 2f�1�grant h�n�appEecation:�and pso�ects;n��ca�,th�refore
25 E3E� IT R�SOL�'6D BY Tti�BOARU UF SUPERVIS4RS OF Tii�KINC
26 CO[.'�1T�'FL(3UD CONTRCIL ZOVF UISTRIC"C':
27
__�._.._�_..____�.�_,_
x
FRG Program Policies&Procedures 25 September 2017
, .'
, .
F�[�Ra:�ai>Ittiit�n
�& �f,�Il')�: 1. 'i'Dk�c+c+�ril s,�t a«�,�rvisL,rs Q���r�v�-s t�t��Ui� Kirag Cr���nty�
29 f'la��d i�e�9uzci�t� �'�nci(.�ra�ni F'r�y�e�;ts cies�ril.x�cf�,t�r�tt.Yc;�az�t�e.�t A d�r ahes
3U ra::�a�utic�r�.
31
F�'D Resuiuiion ����z�erc;�4ucc:+ci or► a����•a::.u��t��t�e Ki;��;f:c,w�ty F'lcsix!(�c��itr��l
L)istric�o�i q!2 U201�,t�}+dye F:�IIc?�vin�vntc-
�'cs: ? • Mr. v�n Raachh��uer, h•ir.Crt�ssett, 1,1s, i..,��z�E��rt,�Ir.
t�E��crrnc>t�,R�ar. nca:�ho���si.i, bir. t;�t�-ie��%e and h4s.iCohl-1��'e4les
t�{U;�)
E,xi:us��d: 2 - �'�i. DUtl78 3ilt�J�4'IS.B�iItILtLG�
(�IItit:7 Gt)i�;�i'i'Y'Fl.t?C)[7 C:U�'FR()L D(iTRICT
K[Nii CC)��"V"I�Y.R':15tlitiGTl�\
���_
u�tsu�����
a7-�•�sr: p�p �e,,��rave, v+c+� c1�r
�t�`-� ''...� �,,1.���'��,a,d;;r. `
.����_..._�. _.. ............._...., ., .____ '�'�°` __
. ._ ._ �
I�
�Qe'lldni Pr:tiersz,7,C'1.^rk�i4�ili�-EYis[riCq Q0�'ir
�0, • .�.��
AttachEs�euFs:.'�. 2��1 T T7,,�.�i Rc�u'ucta;.+tt Gs�ent.R.�c;msr,er.�faaic�ssti �� � �� �d!
�: '�OUn4y ?ea
�i�:., urass`b'guu' :C�
J'� •'t�
�+ O�'j•L
; ��.�,.�_w_...__.�
FRG Program Policies&Procedures 26 September 2017
�
ATTACNMENT A:2017 FIOOD REOUCTION GRANT RECOMMENOATIONS-IULY 13,2017 I
REQUFSTED RECOMMENOED KC COUNCIL
AP�LlCANT PRp/ECT NAME DESCRtPTIClIJ
AMQUNT AWARD AMOURiT DISTRIC7
fhe presjert will inr.r�as�c,�pdciRy�o�a c3r:iinagc ehai�nei tJiv�rt iocatet5 at thfa
�uga�t Sound�nP�gy f:hristUphcr SuGstation�3ccesc drivr.way ky reriacinq a t2-
inr.h r.u!vert with a 7�r�e box tuiv�rt.1'he p�oject wilt eliminake a Ipng-tEmi
3�ih St N4�S'f[r,rxrlrn� cr,
Aubum,CITy 4f fiUoding�roblem on 37 St dJ�'4 at��Uiti�Inter-UrGan Trail,:�s ivell a:on Uie P;L SZ10,OJJ0 5210,000 7
[l;mrrtat,nt- '
pru�erty�nA c3rivetivay.ihis wi11 vr�i y�ars ol raad cicasusac ciurinp,8n�ain;
event.;,ir,c e.�ssure safe tmnsistrnt access Eo lucai busin�:;;Ns,throuNh-Era{fic.the
non-m4tori2t'�f i�:t�}.�nd the e�ectricai;ubsFiti�n
���'dq� ie pro�ect w I a drexs storrnK�a=c�s rpad tic�ading and cuntamir�aticm uf ih�
Nefghbnrhnndc W��r7�rnd�xrctnrntinn i�N������tNet9ari:l by imnrovin{;c.uFverts 3nd r��dsidc ditcR�c•;:�ntl!rr_ating
StCf'mwa(Er flonra pri�r to�ntrr+n�;the►�etlanU. lhc trcJim�nt will b��achievec! SliO,�Q $60,OOD �
bevelapmenl Q.'tC�SLE'W'JI[�ShlG
i:�,r insttaslin�a biotiltration sw71e as;a working�vitti the tity ot Si�attle tn mainl:�in
Associat lon
road�i�te diCt.hss.
Tl�t��ro;E=ct veill aebuild<�nd rrstta�e p�rtiori�,c+f tF�E>bYm�thai(orms a bo�.ind3N
LerMr�tv�'a��
i•ederal W�y, cta�rnworr,r Fnciii�v becvreen i�ikat�Nark and W�ata 4�:cllandz as wt�u as r�>p;�ir a�proximitely 471� 5;$��� $25Q,000 7
City o( linear}A��n{;qM 1$•��t�M(?Ipi!doWnSt�e��m ni the cnntroa Strur.t�ire that r�gul3ir5
����Q�� }�o:v ham thc wettarids drr_v_
ThF r.xistiit�sCormwaler iunveyanca in tlee vic.Mety of tFtic int�rse[tinn ot East
f.(3Yf i.t7G"!Su!mm�rnis!! ia�:e Sammamish Parkveiy 3n4 S6lh Strc�.�t is under{urforming and prane to
woritxroy-Sr r.t�St. ;treel iiaading d�ring botlt ni�h-inter�sit•����d�ung-duration slo�fn Nv�t745. Thi,
Issaduah,tlty ai $200,f�0 570,000" �
frinveyn��:•.� sysiem is al5n diNicult to tn�iniain. 1'hi�pry�c�ct w+H�valuate the exisling
�mprovrrnsn�s�es?gn conditions,i4entffy alternativ��a�rd optiun�for improveme�t,in,d complete
gre.limin3ry de5i�n pf ihe Citv-Grefrrred all��rnalive.
Tfiis prpj�ct builds on three y�ars o(KC FCU Rrants to deve�oa and imp�esneM�n
�x�snd��d aet�af�ervi«�lu�aciiitate rncrs�as�d{armer participatian in iCinn
Gnu�ry's Agrit,uttural�?�dirz.sge Assistance Prq;ram{l�OAP).Key elemCn25 Of aur
King k':I)�'�;�ria;eitti.r;�i �roRram to�late have inciudcci farmNr autre:a�h cU ave� 16fl t;rrrneri(indu�in�
`3rqr,tCd nutst�l;.h So r.6n-�n�;iish�peak+ng farmr:r.$).cr�st Sh�re a55iS1Rn�n t0�3"n
C�nservatian ilrrsins���et3rv�Ncto�ust Sa15.29T� 5215,198 3. 7.9
"otaliny,5 t85.C�tIU t0 f�tmers Ivr drtdgii��n cosL;,;�nd pra�gct mc�nitnr�n,v,.tNp
Dls�ltiC1 3
prr�po;e an exlens�nr�et fu�ding lcsr KCt)'�;p�rtn,�risi�;rolrr tivith King a`.nunty to
cVniitwe dtt8 in[rc?�se SuppPrt fpr ADAN projrL�S Jnd.�;t.��}E'tih:t frttt�;-tee'm
;�p J/fi�r.lt IU tUililin�KCD�5 5�Jpvpf�.iOt fe��ll:�f"p.lf}:tCt!)i3itUlt�n:igricuiturat
orain.�ge uvoject5.
';c,ri�E? ,ea�r r�coirsmE�rzdS a Ut�.�secf approach ior this prote::t. "Projec!wii!be fundNd t>y FIo�s1 Eranttol piSFrict's rapit�l b�.;�lgec.