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HomeMy WebLinkAbout07-160 - King Conservation District #9 - Green/Duwamish Watershed Forum GrantAGREEMENT FOR AWARD OF KING CONSERVTION DISTRICT WRIA FORUM GRANT Green Duwamish -CPS Watershed Forum (WRIA 9) City of Tukwila SECTION 1 RECITALS i 6t,' 2- 07-160 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 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 Washington/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 major 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 teiiiis and conditions relating to the District's award of a grant to Recipient. 1 0 aJ6)K 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 funds 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. 2 2 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 funds 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. 2 3 Recipient acknowledges and agrees that the grant funds may only be expended on work which shall be entirely within the District's Jurisdictional boundanes 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 2 4 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 floodplain 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 funds which are used for unauthorized purposes 2 5 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 2 6 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 2 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 2 8 The District or its representative shall have the nght from time to time, at reasonable intervals, to audit the Recipient's books and records in order to venfy compliance with the terms of this Agreement. Recipient shall cooperate with the District in any such audit. 2 9 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 monitoring system or program to ensure compliance with this provision. 2 11 Recipient agrees to indemnify, defend and hold harmless the Distnct, 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 Distnct 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. 3 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 DISTRICT By r}7 Name Title Date Act- L o 15 c //i4// Approved as to Form DISTRICT LEGAL COUNSEL f By (AAA C 4A/W Name Cr C t W\d(l Date 2 0 1 0 RECIPIENT B Name \Nk Ad\OC Title i U IC.,t,J At Date /2/"//(37 Approved as to Form RECIPIENT'S ATTORNEY By Name 1774 Date l(� Z 7 07 4 v t qq x a King Conservation District 1 Project Title: Duwamish Gardens Acquisition 2007 1 Applicant: City of Tukwila 1 Contact: Ryan Larson Principal Partners (if any) Title: Senior Stormwater Engineer Total Project Cost: $1,758,521 KCD Funding Requested. $225,000 Project Start Date: August 1, 2007 Project End Date: September 30, 2008 Member Jurisdiction WRIA Forum Grant Application Address. 6300 Southcenter Blvd. Tukwila, WA 98188 1 Phone: 206 431 -2456 1 Fax: 206 431 -3665 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 r II r 'r V r. r r rr n 0 0 r r r ••r r r r 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) .R \Van h dells Aril iiSitinn )OQ" vv-ye 3 lun L rani \p Ii Uio Jun _,U07 i'a'Yc 1 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 Carosino 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 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 project is the first step toward implementing priority WRIA 9 calmon 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" fto /dnr.metrokc.cov /dnr /library /2006 /kcr1953.ndf) 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 Duwamish Gardens Acquisition 2007 WRI Forum (,r,.nt Applikafion June 2007 Page 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? 1 Activity Description 1 1 1 Appraisal 2. Negotiations 3 Hazardous waste /archeological investigation 4. Property purchase 5 Design i 7 Cultural resources recovery 8 1 Construction 9 1 Maintenance/ monitoring 1 Deliverables 1 Appraisal Purchase and sale agreement Level 1 hazardous waste report/ cultural resources management plan Closing 0 0 desi Perutii s Excavation/ data recovery Completed project Maintenance/ monitoring Duwamish C,ardens Acquisition 2007 tZI-A Forum Gran Application June 2007 1 Timeline 1 Underway Underway since 2006, completion by end of 2007 Fourth quarter 2007, first quarter 2008 First quarter 2008 1 2008 =2009 1 2009 1 2009 -2010 1 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 salmonids 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 salmonids 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 Page 3 Activities below this line are part of the restoration /rehabilitation phase be supported by the acquisition grant from KCD and would not 2008 -2009 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 Si 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 project is part of the comprehensive WRIA 9 watershed Salmon Habitat Plan. It is part of 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 L)uwamish Garden, Acquisition 2007 WR1 Forum Cir rn '\pplt .ation June 2007 Page 4 FUNDING SOURCES Acquisition Phase Salmon Recovery Funding Board WRIA 9 King Conservation District grant City of Tukwila Conservation Futures 2006 Washington State Aquatic Lands Enhancement Account Grant (grant receipt in June 2007) Conservation Futures 2007 Subtotal. funds in hand/expected King Conservation District grant (requested by WRIA 9 Forum) CURRENT REQUEST Subtotal. funds requested Total: Acquisition Phase FUNDING SOURCES Restoration Phase Washington State Capital Budget 2007- 2009 (ESHB 1092, Section 3175) Total Remaining need (estimated) Date Committed 2006 committed 2006 committed 2006 committed 2006 committed 2007 committed 2007 proposed 2007 pending Date Expended or Committed 2007 committed Match Funds Expended or Committed (Amount) $311,000 $15,000 $50,000 $350,000 $457,521 $350,000 $1 533 521 $225,000 I $225 000 $1,758,521 Match Funds Expended or Committed (Amount) $1,400,000 $1,400,000 $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. Duwamish Gardens is located in the Duwamish Estuary Subwatershed of the Green/Duwamish and Central Puget Sound Watershed (Water Resource Inventory Area 9) 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? 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 Duwamish Gardens Acquisition 2007 Rt i Forum Grant Application June 2007 a 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 proiect 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. Duwatnish Gardens Acquisition 2007 WRIA Forum Grant Application June 2007 Page 6 8. Project Budget Expenses Budget Item Salaries and Benefits Travel/ Meals/ Mileage Office /Field Supplies Contracted/ Professional Services Land Acquisition Permits Other (relocation)* Other (hazardous waste /archeological reports) Other (closing, fees, taxes, legal, adman)* TOTAL *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 $1 4 million to pay for restoration of the site once acquired. This funding represents more than half of the expected costs of the restoration phase Duwannish Gardens Acquisition 2007 W RI1\. Forum Grant Appli,:ation KCD Funds Other Funds Other Funds Total (in hand) (pending) $15,000 $15,000 appraisal (KCD) $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 $50,000 $75,000 (drawn from above) $28,000 $46, 000 (drawn from above) $18,000 $24,000 (drawn from above) $225,000 $1,533,521 $1,758,521 June 2007 a Pape 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, pnnt/electromc materials, and media announcements, the contribution of KCD will be listed. The KCD logo will be included in interpretive signage l Authorized Signature Date Duwainish Hardens AL,quisitian 2007 \VRi 1 oruni (,mint Appikation 0 June 2007 Page 8