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Home My WebLink AboutCAP 2013-11-12 Item 2A - Contract Amendment - Additional Grant for Duwamish Gardens with King County Flood Control District �YJ ILA he '`‘Y City of Tukwila Etas' Z 0 iz Jim Haggerton,.Mayor 4 0 d O 2 9os INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Community and Parks Committee FROM: Bob Giberson, Public Works Director PO By: Ryan Larson,Senior Program Manager DATE: November 8,2013 SUBJECT: Duwamish Gardens Project No.90630102,Agreement No.12-151 Grant Amendment-King County Flood Control District ISSUE Authorize the Mayor to sign a grant amendment to Agreement No. 12-151 with the King County Flood Control District. BACKGROUND The City acquired the Duwamish Gardens site in 2008 for future restoration as a salmon habitat with minor park elements. The project is currently in the design phase and staff is in the process of obtaining all required construction permits and securing construction funding. Construction is anticipated to begin in July 2014. The City received$500,000 in construction funding from the King County Flood Control District(District)through Agreement No. 12-151.These grant funds were from the District's 2012 funding cycle. Staff applied for additional construction funding through the District's 2013 funding cycle and has been awarded an additional$765,000. ANALYSIS King County has prepared an amendment to Agreement No. 12-151 that increases the total award to$1,265,000, extends the time to complete the project to December 2015,and adds additional reimbursable items to the agreement.The overall project scope for Duwamish Gardens remains the same and the new grant funding requires no additional match from the City. To date,the City has secured construction funding of$1,265,000 from the District,$300,000 from the King Conservation District, and has$81,000 in City funds. In addition, we have received notification that the Salmon Recovery Funding Board(SRFB)staff has recommended$949,434 in funding to their Board with a final decision expected in December.With the current construction estimate at$2,478,540, Duwamish Gardens is projected to be fully funded by 2014. RECOMMENDATION The Council is being asked to approve an amendment to grant Agreement No. 12-151 with the King County Flood Control District for a revised total of$1,265,000 and consider this item on the Consent Agenda of the November 18, 2013 Regular Meeting. Attachments: King County Cooperative Watershed Management Grant Amendment Page 41,Proposed 2014 CIP W:\PW Eng\PROJECTS\A-DR Projects\Duwamish Gardens 06-DRO2(90630102)\Grants\Construction\KCFCD\Info Memo GRFCD Grant Ammendment.docx 1 2 AMENDMENT ® AGREEMENT ❑ SCOPE OF WORK Project Name: Duwamish Gardens Construction Recipient: CITY OF TUKWILA Agreement No.: 9.12.006 Address: Tukwila City Hall Amendment Date : 10/28/13 6200 Southcenter Blvd. Tukwila,WA 98188 Amendment No.: 1 AMENDMENT REQUESTED BY Ken Pritchard AMENDMENT EFFECTS ® Change of Scope ❑ Method of Payment ® Time of Performance Name ® Compensation Grant Admistrator ❑ Terms and Conditions Title ® Results of Services ❑ Other FIRST CHANGE READS: This Agreement is made between King County, a municipal corporation, and City of Tukwila (referred to herein as "Recipient"),for the purposes set forth herein. This Agreement shall be in effect from the date of execution to December 31, 2014. TO READ:This Agreement is made between King County, a municipal corporation, and City of Tukwila (referred to herein as "Recipient"), for the purposes set forth herein.This Agreement shall be in effect from the date of execution to December 31, 2015. SECOND CHANGE TO ADD:TO SECTION 1.3: And Whereas, the Board of Supervisors of the District, the District's governing body, passed Resolution FDC 2012-11.2 on October 29, 2012, authorizing the King County executive or his designee to develop and administer a grant award program of up to $3,150,000 in 2013 for water quality and water resources and habitat restoration and management projects and activities allocated in the amounts of$1.2 million for WRIA 8, $1.2 million for WRIA 9, $600,000 for the Snoqualmie PAGE 1 OF 7 3 Watershed and $150,000 for WRIA 10 projects in King County, provided that the project list is approved by the District executive committee; THIRD CHANGE READS:SECTION 1.6: Whereas the District's Executive Committee has received a list of proposed projects that includes the Project, as described in Exhibit A attached hereto and incorporated herein by this reference, and the Executive Committee has approved the Project for funding up to the amount of $500,000.00; TO READ: SECTION 1.6: Whereas the District's Executive Committee has received a list of proposed projects that includes the Project, as described in Exhibit A attached hereto and incorporated herein by this reference, and the Executive Committee has approved the Project for funding up to the amount of $1,265,000.00 combining the 2012 Award with the 2013 Award. FOURTH CHANGE READS: SECTION 2.2:King County agrees to award the Recipient an award in the total amount of $500,000.00 from District funds (the Award). The Award shall be used by the Recipient solely for the performance of the Project, as described in Exhibit A of this Agreement. King County shall pay the Recipient in accordance with the Grant Policies and Procedures TO READ: SECTION 2.2: King County agrees to award the Recipient an award in the total amount of $1,265,000.00 from District funds (the Award). The Award shall be used by the Recipient solely for the performance of the Project, as described in Exhibit A of this Agreement. King County shall pay the Recipient in accordance with the Grant Policies and Procedures FIFTH CHANGE READS: SECTION 3.5: The Project shall be completed by no later than December 31, 2014. TO READ: SECTION 3.5:The Project shall be completed by no later than December 31, 2015. SIXTH CHANGE ADD: EXHIBIT A: Project Description WRIA APPLICANT PROJECT DESCRIPTION AWARD MATCH Construct off-channel fish habitat,riparian plantings, and minor park elements on a 2.16 acre site owned by Duwamish the City of Tukwila. This project will create Gardens approximately one acre of shallow water juvenile City of Construction salmonid habitat in the Duwamish sub-watershed 9 Tukwila (Year 2) transition zone. $765,000 $1,213,540 SEVENTH CHANGE READS: EXHIBIT B: SCOPE OF WORK Activity Share of Description Deliverables Timeline award 1 Project City of Tukwila will oversee all aspects of the Project,hire and oversee 2012- 15,000 PAGE 2 OF 7 4 Management the work of consultants and contractors to ensure that scope of work 2014 elements are carried out as described below. Remove five structures including a barn(2,000 Ft.2), two houses(1820 Remove Ft.2,2,200 Ft.2),a bunk house(500 Ft.2),and an outbuilding(4,000 2012- 2 structures Ft.2)located on Parcels 1023049060, 1023049055 and 1023049071 2013 70,000 Plan for and Remove and dispose of approximately 5,000 CY of material that will remove require special handling and disposal. Excavate soil down to a contaminated maximum of 4 feet where needed when it contains detectable levels of 2012- 3 soils PAHs below or above the threshold for a MTCA Method A cleanup. 2014 117,000 Data recovery plan will outline how the City of Tukwila plans to investigate the site to determine if archeological resources are present, and if so,their approximate location and depth. Excavate a series of Plan for and trenches where archeologists can observe the trench sides for complete all sedimentation layering and sieve the excavated material for artifacts. necessary data This information is used by the project designers to determine if they recovery for can avoid impacts to the cultural resources,and if not, will allow them archeological to determine the quantity and types of artifacts that are anticipated 2012- 4 artifacts during excavation.Submit plan to King County as a deliverable. 2014 298,000 Excavate and Remove approximately 55,000 CY of material from the center of the grade site and site and adjacent to the Duwamish River to establish 1.3 acres of restore it into a shallow water mudflat and marsh habitat and 0.8 acre of restored 5 shallow marsh riparian area. 2014 0 Provide proper credit as provided by King County for funding this project by the following needs as applicable: On-site signage, Credit the King consumable printed materials such as flyers,brochures, etc,press County Flood releases, electronic postings such as web sites, electronic newsletters 2012- 6 Control District and reports. 2014 0 Prepare and submit Final December 7 Report Final report shall follow the format of Exhibit E 31,2014 0 $500,000 TO READ: EXHIBIT B: SCOPE OF WORK AWARD COMPLE- TASK DESCRIPTION SHARE TION DATE The City will oversee all aspects of the Project,hire and oversee the work of consultants and contractors to ensure that scope of work elements are carried 9/1/2012- Project out as described below 12/31/2015 Management DELIVERABLE: A record of staff time charged to the Project 50,000 2015 The Consultant contract to manage and inspect construction activities DELIVERABLES: • A copy of the duly executed contract agreement between the consultant hired for the Project and the City Construction • A copy of the duly executed contract agreement between the construction 6/1/2014- Engineering contractor and the City of Tukwila hereafter,the Contract. 105,000 12/31/2015 • Development of a cultural resources plan • Construction monitoring and data recovery if required As follows: Data recovery plan will outline how the City of Tukwila plans to investigate Cultural the site to determine if archeological resources are present,and if so,their 9/1/2012- Investigation approximate location and depth. Excavate a series of trenches where 298,000 9/1/2015 PAGE 3 OF 7 5 AWARD COMPLE- TASK DESCRIPTION SHARE TION DATE archeologists can observe the trench sides for sedimentation layering and sieve the excavated material for artifacts. This information is used by the project designers to determine if they can avoid impacts to the cultural resources,and if not,will allow them to determine the quantity and types of artifacts that are anticipated during excavation. DELIVERABLES:A copy of the recovery plan • Contract with King County for real estate acquisition services • Obtain approval from various granting agencies • Exchange properties • Apply restrictive covenant to the Record of Deed DELIVERABLES: • Interlocal Agreement with KC for Acquisition • Official Record of Deed for Parcel#(s)naming the City as the property owner with title.The title shall include the following restriction: Property title shall include a covenant that shall say: The acquisition of the property herein conveyed was funded in part by a Cooperative Watershed Management grant authorized under RCW 86.15.035,and therefore shall not be used in any manner inconsistent with the purposes specified in RCW 86.15.035. This restriction shall run with the land and shall be binding upon Grantee,its successors in interest, assigns,and upon any person acquiring the property, or any portion thereof,or any interest therein,including leasehold interest, whether by operation of law or otherwise.In the event of such acquisition by Land any person or entity,King County hereby reserves the right to enforce this 9/1/2013- Exchange restriction against such person or entity to the full extent allowed by law. 87,240 6/1/2014 Contractor mobilization DELIVERABLE: Release of payment by the City upon evidence provided by 6/12014- Mobilization contractor 50,000 9/1/2015 Traffic control for work within East Marginal Way S. Traffic DELIVERABLE: Copy of field verification by City of work completion according 6/1/2014- Control to the Contract design specifications 30,000 10/1/2015 • Removal of Existing structures including foundations,driveways, underground storage tanks,and other site debris as follows: Remove five structures including a barn(2,000 Ft.2),two houses(1820 Ft.2,2,200 Ft.2),a bunk house(500 Ft.2),and an outbuilding(4,000 Ft.2) located on Parcels 1023049060, 1023049055 and 1023049071 • Removal of required vegetation Demolition DELIVERABLE:Copy of field verification by City of work completion according to 1/1/2014- and Clearing the Contract design specifications 120,000 8/1/2014 Temporary • Site sediment and erosion control Sedimentatio • Silt curtain for in water work. n&Erosion DELIVERABLE: Copy of field verification by City of work completion according 6/1/2014- Control to the Contract design specifications 22,656 10/1/2015 • Excavation of site materials to be removed, relocated,or capped • Material haul of site and disposal including contaminated soils • Contaminated Soils monitoring • Providing soil amendments As follows: o Remove and dispose of approximately 5,000 CY of material that will require special handling and disposal. Excavate soil down to a maximum of 4 feet where needed when it contains detectable levels 6/1/2014- Grading of PAHs below or above the threshold for a MTCA Method A cleanup. 117,000 12/31/2015 PAGE4OF7 6 AWARD COMPLE- TASK DESCRIPTION SHARE TION DATE o Remove approximately 35,000 CY of material from the center of the site and adjacent to the Duwamish River to establish 1.0 acres of shallow water mudflat and marsh habitat and 1.0 acre of restored riparian area DELIVERABLE: Copy of field verification by City of work completion according to the Contract design specifications • Construct onsite parking area • Construct sidewalks along EMWS. Parking and DELIVERABLE: Copy of field verification by City of work completion according 6/1/2014- Sidewalks to the Contract design specifications 85,829 10/1/2015 • Construction of pedestrian trails,gathering areas,interpretive signs and art Trails and work Gathering DELIVERABLE: Copy of field verification by City of work completion according 6/1/2014- Areas to the Contract design specifications 32,659 10/1/2015 • Installing onsite storm water conveyance,treatment and detention, • Protecting,adjusting and relocating existing utilities. DELIVERABLE: Copy of field verification by City of work completion according 6/1/2014- Utilities to the Contract design specifications 32,978 10/1/2015 • Installing soil amendments • Installing permanent and temporary irrigation systems • Planting marsh • Planting uplands • Permanent vegetative erosion control • DELIVERABLE: Copy of field verification by City of work completion 6/1/2014- Plantings according to the Contract design specifications 130,000 10/1/2015 • Logs • Snags • Woody debris • Boulders Habitat DELIVERABLE: Copy of field verification by City of work completion according 6/1/2014- Structures to the Contract design specifications 0 10/1/2015 • Park benches • bike rack, • trash receptacle • habitat protection fence • Kiosk and park signs Park DELIVERABLE: Copy of field verification by City of work completion according 1/1/2015- Amenities to the Contract design specifications 103,638 10/1/2015 The following permits will be secured for this Project: E *"R I M" , s • Aquatic Lands Use Authorization—DNR; 4 �' .4?4, 4. 5 • SEPA,Shoreline,grading,and Building —City of Tukwila; ' g " VI e N.V_ Ra„ • Cultural Assessment Section 106-Dredge Permit, US Army Corps x • Hydraulic Project Approval—Washington Fish and Wildlife �� 1 "K a • Endangered Species Act Compliance—Part of federal permitting . ,"��s " (USACOE, FEMA) Ot ' 'fn ae Permits AtV,APPeiid Newspaper articles and interpretive signs will acknowledge the various funding < a ` l . Acknowledgm partners that contributed to the acquisition,design, and construction of the - ,,; � t , r ent project. 4 � , Submit a final report and the financial closeout documentation.Cannot be7 � W Final Report later than 30 days after the end date of the project. tir�� °�' e', s.�. +�a,,�w r�n, rt` PAGE5OF7 7 AWARD COMPLE- TASK DESCRIPTION SHARE TION DATE Total $1,265,000 EIGHTH CHANGE READS: EXHIBIT C: BUDGET OTHER GRANT FUNDS/MATCH BUDGET ITEM REQUEST (Source and Status) COST BASIS FOR CALCULATING AMOUNT Various sources ($860,280) Salaries&benefits 15,000.00 185 hrs X$81.24 for project mgmt. Consultant services Subtotal I 5 O 0 ; OI MEVI ,== t Project supplies, materials and equipment Commercial services(e.g., printing, back hoeing) 485,000.00 860,280.00 See Budget Details table Transportation Office expenses(broken down unless requesting a blanket overhead rate) Real estate-related costs Other costs Subtotal x'485'00,0 00 ro a "860,280�_OO GRAND TOTAL 07:00:0010k 00 ` `grf850280 00 BUDGET DETAILS ITEM QY UNIT UNIT COST TOTAL SHARE OF AWARD Personnel costs 185 hrs 81.24 15,000 15,000 Cultural/Historic Investigations&Plan 1 LS 90,000, 90,000 90,000 Artifact Curating 1 8,000 8,000 8,000 Contaminated Soil Removal 1 LS 172,180 172,180 117,000 Cultural/Historic Data Recovery 1 Site 400,000 $400,000 200,000 Material Excavation (Excavators&Operator) 55,000 CY 3.2 176,000 0 Material Haul Off Site (Trucks, Operator and Fuel) 55,000 CY 7.62 419,100 0 Existing Structure Demolition 1 LS 80,000 80,000 70,000 $1,360,280.00 $500,000 PAGE 6 OF 7 8 TO READ: EXHIBIT C: BUDGET COST ITEM TOTAL MATCH AWARD PERSONNEL 50,000 0 50,000 CONSULTING Cultural Investigation 298,000 0 298,000 Construction Engineering 267,992 162,992 105,000 SUB CONSULTANT 565,992 162,992 403,000 COMMERCIAL Mobilization 150,000 100,000 50,000 SERVICES Traffic Control 30,000 0 30,000 Demolition and Clearing 137,213 17,213 120,000 Temporary Sedimentation&Erosion Control 22,656 0 22,656 Grading 591,517 474,517 117,000 Parking and Sidewalks 85,829 0 85,829 Trails and Gathering Areas 32,659 0 32,659 Utilities 32,978 0 32,978 Plantings 279,946 149,946 130,000 Habitat Structures 146,112 146,112 0 Park Amenities 103,638 0 103,638 SUB CONTRACTOR 1,612,548 887,788 724,760 REAL-ESTATE RELATED 250,000 162,760 87,240 TOTAL $2,478,540 $1,213,540 $1,265,000 IN WITNESS HEREOF,THE PARTIES HERETO HAVE CAUSED THIS AMENDMENT TO BE EXECUTED AND INSTITUTED ON THE DATE FIRST ABOVE WRITTEN. King County,Washington RECIPIENT By By Title Title Date Date PAGE 7 OF 7 9 Ii • 10 CITY OF TUKWILA CAPITAL PROJECT SUMMARY . 2014 to 2019 PROJECT: Duwamish Gardens Project No. 90630102 DESCRIPTION: Purchase and restore site as a salmon estuary and passive park. JUSTIFICATION: This project is included in the WRIA 9 Salmon Recovery Plan's efforts to acquire and restore 20-acres within the Duwamish estuary.Also includes all riverfront property from E Marginal Wy S to Tukwila Intl Blvd. STATUS: Property acquired in 2008. Design began in 2012 with construction scheduled for 2014,grant dependent. MAINT.IMPACT: With a new passive park,additional maintenance will be needed. Design funding from State Salmon Recovery Board (SRFB)and King Conservation District(KCD). COMMENT: Acquisition grants included SRFB,WRIA 9 King Conservation District, KC Conservation Futures,WA State Aquatic Lands and WA State Earmark grant. FINANCIAL Through Estimated (in$000's) 2012 2013 2014 2015 2016 2017 2018 2019 BEYOND TOTAL EXPENSES Design 200 260 460 Land(R/W) 2,116 50 150 2,316 Const. Mgmt. 15 250 50 315 Construction 7 75 1,300 750 2,132 TOTAL EXPENSES 2,323 400 1,700 800 0 0 0 0 0 5,223 FUND SOURCES Awarded Grant Land 2,011 2,011 Award Grant Design 111 350 139 600 • Proposed Grants 1,550 780 2,330 Mitigation Expected 0 City Oper. Revenue 201 50 11 20 0 0 0 0 0 282 TOTAL SOURCES 2,323 400 1,700 800 0 0 0 0 0 5,223 r ,` Project Location i'ti` '{ ` ; _- N F 1 i�� Boel 1"- \\ �� S 4. 0 p, �� rill; vs, k. . 4, %, ,, iiiir* AMIN k, lit. ___..f, %..s _ _ v,, .. it ,„*? - \ . -- _ 011, It, 1 ky,r„,. , , ,,, \� _ __%P. . • ; Ai'' , 1...... wri-e- 0 12,gd FirrY 4.------- - _ : 30 St 2014-2019 Capital Improvement Program 37 1 1