HomeMy WebLinkAbout07-160 - King Conservation District #9 - Green/Duwamish Watershed Forum Grant07-160 AGREEMENT FOR AWARD OF
KING CONSERVTION DISTRICT WRIA FORUM GRANT
Green Duwamish -CPS Watershed Forum (WRIA 9)
Citv of Tukwila
This Agreement is made between the King Conservation District Number 9, a municipal
corporation in King County, Washington located at 935 Powell Ave SW, Renton, WA 98055
(referred to herein as "District and the City of Tukwila, a municipal corporation in King
County, Washington, located at 6300 Southcenter Blvd., Tukwila, WA 98188 (referred to herein
as "Recipient for the purposes set forth herein
SECTION 1 RECITALS
1 1 Whereas, the District is a special purpose district organized and existing under
authority of Chapter 89 08 RCW which engages in certain activities and programs to conserve
natural resources, including soil and water which activities are declared to be of special benefit
to lands and
1.2 Whereas, pursuant to RCW 89 08 400 King County has authorized and imposed a
system of assessments to finance the activities and programs of the District, and
1 3 Whereas, pursuant to RCW 89 08 220 RCW 89 08 341 and /or Chapter 39 34
RCW, the District is authorized to enter into agreements with municipal entities and agencies
(governmental or otherwise), or their designees, in order to carry out and facilitate the activities
and programs of the District to conserve natural resources, and
1 4 Whereas, certain Watershed Forums were established in King County and through
the voluntary association of agencies and entities situated within the particular watershed basins
or areas (i e, Snoqualmie Watershed Forum, Cedar /Lake Washmgton/Sammamish Watershed
Forum, Green/Duwamish/Central Puget Sound Watershed Forum) for the purpose of addressing
and responding to environmental needs within their respective watershed basins and in the region
by cooperative efforts, and
1 5 Whereas, the Watershed Forums include representatives of jurisdictions that are
located within or have a mayor interest in the management of Water Resources Inventory Areas
(WRIA) 7, 8 and 9, and
1 6 Whereas, the District has reviewed the grant application submitted by Recipient
and has determined that the application meets the requirements of Chapter 89 08 RCW, the
District's policies and procedures for awarding grants and the funding principles established by
King County's Regional Water Quality Committee, and
1 7 Whereas the District and Recipient desire to enter into this Agreement for the
purpose of establishing the terms and conditions relating to the District's award of a grant to
Recipient.
SECTION 2. AGREEMENT
2 1 The District agrees to award Recipient a grant in the total amount of two hundred
twenty -five thousand Dollars ($225,000) from 2006 assessment collections. Grant finds shall be
used by Recipient solely for the performance of the work described in Exhibit A which is
attached hereto and incorporated herein by this reference The District shall pay the grant funds
to Recipient in accordance with the District's standard procedures, provided that such funds have
been collected and received by the District.
22 Recipient represents and warrants that it will only use the grant funds for the work
described in Exhibit A, which may be amended by the parties pursuant to Paragraph 3 3 of the
Agreement. Recipient shall be required to refund to the District that portion of any grant finds
which are used for unauthorized work. Further, Recipient agrees to return to the District any
grant funds that are not expended or remain after completion of the work covered by this
Agreement.
23 Recipient acknowledges and agrees that the grant funds may only be expended on
work which shall be entirely within the District's Jurisdictional boundaries The following
municipal entities are not within the District's Jurisdictional boundaries Enumclaw, Federal
Way Milton, Pacific, and Skykomish Recipient shall be required to refund to the District that
portion of any grant funds which are used for work performed outside the District's Jurisdictional
boundaries
24 In the event the scope of work authorized by this Agreement includes the use of
grant funds to purchase houses located on real property within a flood hazard area, Recipient
acknowledges and agrees that grant funds may only be used for such purposes if the houses to be
purchased were constructed before floodplam mapping or sensitive areas regulations were in
place for that area. Recipient shall be required to refund to the District that portion of any grant
finds which are used for unauthorized purposes
25 Recipient shall be required to provide the District with biannual financial and
project progress reports, along with an annual summary report. Financial and project reports
shall be due June 30 and November 30 each year The Recipient shall also be required to submit
to the District a final report which documents the Recipient's completion of the work in
conformance with this Agreement within thirty (30) days after the completion of the work. The
final report shall, among other things, summarize the project's successes and shall address the
regional benefits accomplished by the work. The final report shall also identify any obstacles or
challenges which were encountered during the work, along with general recommendations
regarding ways to avoid such obstacles or challenges in the future If requested, Recipient agrees
to provide the District with additional financial or progress reports from time to time, at
reasonable intervals
26 Recipient's expenditures of grant funds shall be separately identified in the
Recipient's accounting records If requested, Recipient shall comply with other reasonable
requests made by the District with respect to the manner in which project expenditures are
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tracked and accounted for in Recipient's accounting books and records Recipient shall maintain
such records of expenditures as may be necessary to conform to generally accepted accounting
principals and to meet the requirements of all applicable state and federal laws
2 7 Recipient shall be required to track project expenses using the Budget Accounting
and Reporting System for the State of Washington "BARS
28 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. Recipient shall cooperate with the District in any such audit.
29 Recipient shall retain all accounting records and project files relating to this
Agreement in accordance with criteria established in the Revised Code of Washington and the
Washington State Archivist.
2 10 Recipient shall ensure that all work performed by Recipient or 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 Recipient shall implement an appropriate momtonng system or program to
ensure compliance with this provision.
2 11 Recipient agrees to indemnify, defend and hold harmless the District, its elected
or appointed officials, employees and agents, from all claims, alleged liability, damages, losses to
or death of person or damage to property allegedly resulting from the negligent or intentional acts
of the Recipient or any of its employees, agents, contractors or subcontractors in connection with
this Agreement.
2 12 Recipient agrees to acknowledge the District as a source of funding for this
project on all literature, signage or press releases related to said project.
SECTION 3. GENERAL PROVISIONS
3 1 This Agreement shall be binding upon and inure to the benefit of the parties
hereto and their respective successors and assigns
3.2 This Agreement constitutes the entire agreement between the parties with respect
to the subject matter hereof No prior or contemporaneous representation, inducement, promise
or agreement between or among the parties which relate to the subject matter hereof which are
not embodied in this Agreement shall be of any force or effect.
3 3 No amendment to this Agreement shall be binding on any of the parties to this
Agreement 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.
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34 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
DISTRICT RECIPIENT
B L1 k
C�
Name Name
Title 1�,5� -�rAc �hw� Title �U�tJ1,Gti Y� Vn t1�
Date Date 7
Approved as to Form Approved as to Form
DISTRICT LEGAL COUNSEL RECIPIENT'S ATTORNEY
11 By AAV1 W By
Name Cr C_ Fr t WN od r Name
Date f 0 Date 1 Z- c, 07
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Exhibit A
Member Jurisdiction WRIA Forum
4 Grant Application
King Conservation District
Project Title: Duwamish Gardens Acquisition 2007
Applicant: City of Tukwila Contact: Ryan Larson
Principal Partners (if any) Title: Senior Stormwater Engineer
Total Project Cost: $1,758,521 Address. 6300 Southcenter Blvd.
Tukwila, WA 98188
KCD Funding Requested. $225,000 Phone: 206 431 -2456
Project Start Date: August 1, 2007 Fax: 206 431 -3665
Project End Date: September 30, 2008 E -mail. rlarson @ci.tukwila.wa.us
1. Project Description provide a brief description of the project that summarizes what you
will do, how you will do it, and why you will do it. Consider the following in the answer to
this question. what pressing need will be addressed by the project or what promising opportunity
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The City of Tukwila proposes the purchase of 2 16 acres adjacent to the Duwamish River
immediately downstream of river mile 7 0 in order to improve the Duwamish estuary ecosystem
and benefit juvenile salmon. The site is in the estuarine "transition zone" where fresh and salt
water meet and mix.
KCD funds are requested for the initial, acquisition phase KCD funding will complete the
funding package needed for acquisition. In a second phase, the property will be restored to create
salmonid habitat. Over half of the funding needed for this subsequent restoration phase already
is in hand.
The property, in years past operated as the Carosino family farm known as "Duwamish Gardens,"
is flat with a bank of approximately 15 feet to the Duwamish River and approximately 500 feet
of river frontage Structures on the property include a barn and two older homes, and current
vegetation is dominated by invasive blackberries In recent years, the property was leased for
commercial /industrial purposes, most recently by a roofing business The property is not
presented leased. A relative of the family that owns the property operates a small business out of
one of the single- family residences and would need to be relocated.
The owners wish to sell and a large sign posted on the property advertises its availability "For
Sale or Lease The threat that the property may be lost for restoration purposes is significant
given the scarcity of land zoned for heavy industry and the rapidly rising value of such property
The City and WRIA 9 staff have been discussing acquisition with the owners since 2006 and an
appraisal is being completed (funded by a KCD WRIA 9 Opportunity Grant)
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The parties also are talking with the adjacent property owner to the north and west of the
Carosino property These negotiations could result in a three -way transaction that would result in
an improved habitat project and an improved property for the neighbor Success requires
agreeing on a lot line adjustment and sale prices of multiple parcels These negotiations are
positive but the likelihood of success is uncertain at this time If a three -way deal is
unsuccessful, the sponsor will attempt to simply acquire the Carosino property This grant
application is based on the conservative assumption that the three way negotiation will not be
successful but that the Carosmo property alone will be purchased.
Acquisition of the property is expected to be through fee simple purchase However, a
conservation easement approaching the full value of the property may be considered if the
neighboring property owner to the north chooses to participate
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2. Natural Resource Improvement Actions describe how the project will address a
minimum of one of the natural resource improvement actions described on page 1 of the
application instructions. Consider the following in your answer to this question. What
natural resources will be improved? What are the known needs, gaps or deficits that will be
addressed? What are the known benefits to soil, water, air, plants, fish and wildlife, landowners?
Direct Improvement of Natural Resource Conditions
The Duwamish Gardens nrolect is the first sten tow implementing priority WRIA 9 Salmon
Habitat Plan project DUW -7 (page 7 -90) The goal of this action is to restore shallow water
habitat at river mile 7 0 -5 5 on the Duwamish River and thus the project is a direct improvement
of natural resource conditions
This reach of the Green/Duwamish River is part of the key transition zone habitat where juvenile
fish undergo physiological changes to transition from a fresh to salt water environment as they
migrate to Puget Sound and beyond. Expansion of such transition zone habitat is needed to
reduce an ecological "bottleneck" in the life history of Green/Duwamish River Chinook.
Consequently, expansion of this habitat is necessary to ensure that investments in aquatic habitat
upstream pay off. Restoration within the transition zone area is the highest priority within the
WRIA 9 Salmon Habitat Plan, as set forth in Policy MS 1 (page 5 -16)
High fish use of this part of the river and the transition zone has been documented in several
studies including those funded by previous KCD grants (see in particular the "2005 Juvenile
Chinook Duwamish River Studies" ft o. /dnr.metrokc.Liov /dnr /library /2006 /1(crl953.Ddf) Also,
the Codiga Farm project less than two miles upstream has demonstrated that juvenile salmonids
will make use of the type of restored habitats planned for this property
For context, the Duwamish Gardens project is similar to completed projects at Cecil Moses Park
and Codiga Farm (also in Tukwila) and the planned project at North Wind's Weir (construction
in 2008) Like those previous projects, Duwamish Gardens also will improve the overall
ecological health of the Duwamish estuary by enlarging the area of shallow water mudflats with
fringing marshes, a feature much reduced due to past development practices
l)UW <ItIliSi1 Crirdens ;Acquisition 2007 WRI k Forum (,r,.nt l\ppliu.ition June 2007 l'age 2
3. Project Activities and Measurable Results using the table below, list specific project
activities to be completed, the timetable for the activities, and the deliverables associated
with those activities. Consider the following in your answer to this question. What actions,
interventions, programs, services will be deployed?
Activity Description Deliverables Timeline
1 Appraisal Appraisal Underway
2. Negotiations Purchase and sale agreement Underway
since 2006,
completion by
end of 2007
3 Hazardous waste /archeological Level 1 hazardous waste Fourth
investigation report/ cultural resources quarter 2007,
management plan first quarter
2008
4. Property purchase Closing First quarter
2008
below Activities of
acquisiti be supported by the
5 ITesign 90% design 2008 -2009
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7 Cultural resources recovery Excavation/ data recovery 2009
8 Construction Completed project 2009 -2010
9 Maintenance/ monitoring Maintenance/ monitoring 2010- beyond
4. Effectiveness (see page 2 of application instructions for definition) describe how the
project will effectively implement the natural resource improvement measures identified in
question No 2 above. Consider the following in your answer to this question. Why is the
primary applicant the best entity to deliver the proposed program /service /intervention ?What is the
capacity of the primary applicant to deliver the proposed program /service /intervention? What tools,
services and partners will be brought to bear?
The Duwamish Gardens project will improve natural resources described above through a design
that takes into account the topography of the site, the flows in the river, fish use, and lessons
learned from projects upstream and downstream The conceptual design will create a shallow
water embayment either circular or linear in nature, depending on the shape of the lot acquired.
Approximately one acre of shallow water habitat will be created. This will be in the form of
mudflats that will be augmented with placement of large woody debris (LWD) in the mudflats
off the main channel. LWD will provide shelter for juvenile salmomds from predators and high
flows Emergent marsh plants will be installed around the perimeter An additional acre of
upland will slope from the existing elevation of the surrounding parcels to the water and will be
vegetated with native trees and shrubs This vegetation will provide insect inputs as prey for
juvenile salmomds and habitat for birds and wildlife
For context, the Duwamish Gardens project is similar to completed projects at Cecil Moses Park
and Codiga Farm (both of which also are in Tukwila) and the planned project at North Wind's
Mlwamish oardens Acquisition 2007 �N K! A t'OrIIM Grain Application a June 2007 Page. 3
Weir (also in Tukwila, with construction scheduled for 2008) Each of these projects is unique
but experiences from them are expected to inform the project design and construction.
Acquisition will be carried out by the City of Tukwila, with technical assistance provided by the
King County Property Acquisition Program
The subsequent (not included in this grant) restoration/rehabilitation phase will be carried out by
the City of Tukwila. The City has been a partner with the Army Corps of Engineers and King
County on all three related estuarine restoration projects mentioned above and has the
organizational and technical wherewithal to manage a project of this complexity Examples of
projects of greater magnitude demonstrating City capabilities include Allentown/Foster
Point Revitalization, an $8 million sewer, water and roadway project that installed new sewers,
replaced existing water mains, and reconstructed roadways within two neighborhoods in the city;
and the Cascade View Drainage Improvement Project, a $5 million neighborhood reconstruction
that installed a new storm water system, replaced existing water and sewer pipes, and
reconstructed the roadway and sidewalks within a neighborhood in the city
As part of its long -term efforts to effectively steward the increasing number of habitat projects in
the city, Tukwila hired in 2006 a volunteer coordinator who will assist the City's Park
Superintendent in enordinating tewardhip efforts Park staff members regularly assist in
stewardship events and will be responsible for the overall maintenance of the completed
restoration. The City also intends to partner with Foster High School in the vegetation planting
and stewardship phases
5. Efficiency (see page 2 of application instructions for definition) describe how the project
will efficiently implement the natural resource improvement measures identified in
question No 2 above Consider the following in your answer to this question. How will the
proposed program /service /intervention engage in conjunction with related efforts? How does your
strategy best leverage resources?
This ro ect is art of the comprehensive WRIA 9 watershed Salmon Habitat Plan. It is art of
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project Duw -7, which is in the Three -Year Habitat Work Schedule of the highest priority
projects. Because of its importance, this project has been a priority for both Tukwila and WRIA
9 staff and the budget below illustrates the success they have had in obtaining funding from
various sources
A $225,000 grant from KCD will match the following certain and pending funding. Based on
these funding /expense figures, the KCD contribution would be 13% of the cost of acquisition
I)Mvamish trarden, Acquisition 2007 WRI [01 Unl (jr; i,i APpli at,on June 2007 0 Page 4
FUNDING SOURCES Date Committed Match Funds Expended or
Acquisition Phase Committed (Amount)
Salmon Recovery Funding Board 2006 committed $311,000
WRIA 9 King Conservation District grant 2006 committed $15,000
City of Tukwila 1 2006 committed I $50,000
Conservation Futures 2006 1 2006 committed I $350,000
Washington State Aquatic Lands 2007 committed $457,521
Enhancement Account Grant (grant receipt
in June 2007)
Conservation Futures 2007 2007 proposed $350,000
Subtotal. funds in hand/expected $1 533 521
King Conservation District grant 2007 pending $225,000
(requested by WRIA 9 Forum)
CURRENT REQUEST
Subtotal. funds requested I I $225000
Total: Acquisition Phase I $1,758,521
FUNDING SOURCES Restoration Date Expended or Match Funds Expended or
Phase Committed Committed (Amount)
Washington State Capital Budget 2007- 2007 committed $1,400,000
2009 (ESHB 1092, Section 3175)
Total I $1,400,000
Remaining need (estimated) I I $1,100,000
Because of the land intensive nature of restoration projects in the Duwamish, fee simple
acquisition or a conservation easement close to the appraised value is the most efficient way to
obtain land for projects.
6. Equity (see page 2 of application instructions for definition) describe how the project will
equitably implement the natural resource improvement measures identified in question No
2 above. Consider the following in your answer to this question. In what part of the District
will the proposed program /service /intervention occur? Who is the target audience and what
demographic section of the community will be affected?
Duwamish Gardens is located in the Duwamish Estuary Subwatershed of the Green/Duwamish
and Central Puget Sound Watershed (Water Resource Inventory Area 9)
The property is located in an industrial /commercial area of the city of Tukwila. It will act as an
open space feature in a string of habitats along the river The City of Tukwila is concentrating on
open space in the northern half of the city along the river because of the combined benefits for
ecological values, salmon recovery, and recreation. During the second, restoration phase, a short
DLiwamisli Gardens Acquisition 2007 K 1 [01 Grant Application JLine 2007 Page 5
path leading to an overlook of the restored habitat portion of the site would be constructed. As
indicated by development of social trails at other sites along the river, there is greater demand for
passive recreation opportunities than available properties
The property is across the river from and easily viewed from the Interurban Regional Trail The
restored site will be easily accessible from the Interurban Trail via the pedestrian friendly East
Marginal Way South bridge Trail users probably represent a wide range of incomes and include
people from across the southern King County region. The nearest residential community is
immediately southeast of the site and across the river and is lower- to middle income
When restored, this site will include educational and interpretive signs explaining the importance
of the river to Indian people in pre settlement times and the farmers of the 19 and 20 centuries
Signs also will explain the ecological features of the site and the reasons for restoration. The
Sound Transit LINK light rail line crosses the Duwamish at the east end of the property The
restored site will have exceptional visibility as thousands of LINK passengers each day will gaze
on the site as they glide over the Duwamish River
7 Evaluation of Intended Results describe the evaluation mechanisms you will use to track,
document, and report that the vroiect has achieved the intended results described in
questions 1- 3
Tracking and evaluation of the acquisition phase is straightforward and obvious either the
property will be acquired or it will not. The mechanisms for evaluating the subsequent
restoration/ rehabilitation phase have not yet been identified but will be informed by WRIA
and Puget Sound -level discussions and directives regarding implementation and effectiveness
monitoring.
Duwnmish O, irdens Acquisition 2007 W RIA Forurn Grant Apphcahon June 2007 Page 6
8. Project Budget Expenses
Budget Item KCD Funds Other Funds Other Funds Total
(in hand) (pending)
Salaries and Benefits
Travel /Meals /Mileage
Office /Field Supplies
Contracted/ Professional $15,000 $15,000
Services appraisal
(KCD)
Land Acquisition $225,000 In hand. $1,743,521
$311,000
SRFB,
$50,000 City
of Tukwila,
$350,000 2006
Conservation
Futures,
$457,521
Aquatic
Lands
Enhancement
Account;
$350,000 2007
Conservation
Futures
Permits
Other (relocation)* $50,000-
$75, 000
(drawn from
above)
Other (hazardous $28,000-
wastelarcheological $46,000
reports)* (drawn from
above)
Other (closing, fees, taxes, $18,000-
legal, adman)* $24,000
(drazvn from
above)
TOTAL $225,000 I $1,533,521 I I $1,758,521
*These expenses have been estimated but the precise grants that will be used to pay for them
have not yet been determined.
In addition, Tukwila has received $14 million to pay for restoration of the site once acquired.
This funding represents more than half of the expected costs of the restoration phase
DUwamish Gardens Acquisitioti 2007 W RIA F01 ant Gran Appli,:alion JUne 2007 a Page 7
9 KCD Acknowledgement describe how the KCD will be acknowledged as a source of
funding for the proposed program /service /intervention (see page 3 of application
instructions for requirements)
In all interpretive signage, print/electronic materials, and media announcements, the contribution
of KCD will be listed. The KCD logo will be included in interpretive signage
6 Cpl
Authorized Signature Date
rttiw nnish Hardens \Lgtiistlian 2007 WRI'\ 1'01'Unl (,rant hppii, :atiofi e Jane 2007 Pale 8