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HomeMy WebLinkAboutCAP 2008-06-23 Item 2B - Grant Acceptance - Riverton Creek Flap Gate Removal with WA State Recreation and Conservation & People for Puget Sound To: From: Date: Subject: ISSUE INFORMATION MEMO Mayor Haggerton Public W orks Directo~ June 16,2008 Riverton Creek Flap Gate Removal Project No. 98-DR03 Grant Acceptance Authorize Mayor to sign grant agreements with the State of Washington Recreation and Conservation Office and People for Puget Sound. BACKGROUND Riverton Creek discharges into the Duwamish River through two culverts originally installed as part of construction ofSR 599. Each of these pipes was fitted with a flap gate to prevent river water from flooding adjacent property. To improve fish access to Riverton Creek, the City has proposed a fish habitat project that will remove the pipes and flap gates to create an open water connection to the river. A small bridge or box culvert will need to be installed because of the pedestrian trail at this location. Staff requested grant submittal approval at the 9/5/07 Utility Committee Meeting. ACTION TAKEN Staff received a $42,400 grant through the Salmon Recovery Funding Board (SRFB) administered by the Sate of Washington Recreation and Conservation Office. In addition, People for Puget Sound contacted the City looking to fund a habitat restoration project in the Duwamish River Area. The Department of Ecology transferred Sound Transit construction related water quality fine money to the People for Puget Sound for distribution to habitat related projects. Staff presented this project to the People for Puget Sound and they agreed to provide $30,000 in funding. The two grants received combined with $50K City revenue budgeted for 2008 will fund feasibility and design work. This City contribution will also fulfill the local match required by the SRFB grant. Additional grant funding will be required for the construction phase. RECOMMENDATION Authorize Mayor to sign grant agreements with the State of Washington Recreation and Conservation Office and People for Puget Sound. attachments: Location Map Existing Condition Photo Example of Box Culvert RCO Grant Agreement People for Puget Sound Grant Agreement File: P\Projects\A-DR\98dr03\Info Memo Riverton Creek Grants Replace existing culverts with and open water connection. Will provide for trail crossing. Remove invasive vegetation and replant using natives. Riverton Creek This project involves the removal of 2 flap gates, creek channel restoration, and riparian plantings. S Not to Scale Photo Date: April 2005 FOR CONCEPTUAL PURPOSES ONLY P:RRomanVvcGIS_R L1ProjectsUTyanL\ Rivertoncreek \Rivertoncrk_flapoate_removal. mxd Photo Photos Salmon Project Agreement Salmon Funding Accounts Project Sponsor: Project Title: City of Tukwila Riverton Creek Flapgate Removal and Restoration Project Number: Approval Date: 07-1670N 12/13/2007 A. PARTIES OF THE AGREEMENT This Project Grant Agreement (Agreement) is entered into between the Salmon Recovery Funding Board (SRFB), P.O. Box 40917, Olympia, Washington 98504-0917 and City of Tukwila, 6200 Southcenter Blvd, Tukwila, WA 98188 (Sponsor) and shall be binding upon the agents and all persons acting by or through the parties. B. PURPOSE OF AGREEMENT This Agreement sets out the terms and conditions by which a grant is made from the Salmon Funding Accounts of the State of Washington's General Fund. The grant is administered by the SRFB to the Sponsor for the project named above. C. DESCRIPTION OF PROJECT The subject Project is described on the attached Project Summary. D. TERM OF AGREEMENT The Project Sponsor's on-going obligation for the project shall be the same as the Period of Performance period identified in Section E. E. PERIOD OF PERFORMANCE The Project reimbursement period shall begin on March 15,2008 and end on March 31,2009. No expenditure made before or after this period is eligible for reimbursement unless incorporated by written amendment into this Agreement. F. PROJECT FUNDING The total grant award provided by the SRFB for this project shall not exceed $42,500.00. The SRFB shall not pay any amount beyond that approved for funding of the project. The Sponsor shall be responsible for all total project costs that exceed this amount. The contribution by the Sponsor toward work on this project at a minimum shall be as indicated below: Project Sponsor Total Project Cost Percentage 85.00% 15.00% 100.00% Dollar Amount SRFB - Salmon Federal Projects $42,500.00 $7,500.00 $50,000.00 G. RIGHTS AND OBLlGA TlONS All rights and obligations of the parties to this Agreement are subject to this Agreement and its attachments, including the Sponsor's Application, Projec;:t Summary, Eligible Reimbursement Activities Report, Project Milestones, and the General Provisions, all of which are attached hereto and incorporated herein. Except as provided herein, no alteration of any of the terms or conditions of this Agreement will be effective unless provided in writing. All such alterations, except those concerning the period of performance, must be signed by both parties. Period of performance extensions need only be signed by RCO's Director. The Sponsor has read, fully understands and agrees to be bound by all terms and conditions as set forth in these documents. H. COMPLIANCE WITH APPLICABLE STA TUTES. RULES. AND RCO POLICIES This Agreement is governed by, and the Sponsor shall comply with, all applicable state and federal laws and regulations, including Chapter 77.85 RCW, Chapter 286 WAC and published agency policies, which are incorporated herein by this reference as if fully set forth. Salmon Project AQreement Chapter 77.85 RCW, Chapter 286 WAC PROJAGR.RPT Salmon Funding Accounts Page 1 of 2 I. ADDITIONAL PROVISIONS OR MOD/FICA TlONS OF THE GENERAL PROVISIONS 1. On July 1, 2007, the name of the Interagency Committee for Outdoor Recreation changed to the Recreation and Conservation Funding Board and the office name changed to the Recreation and Conservation Office. The General Provisions of the Project Agreement do not reflect this change. To allow immediate implementation of this project, the existing provisions are hereby incorporated into the agreement. All references to the Board refer to the Recreation and Conservation Funding Board. References to the Office refer the Recreation and Conservation Office. 2. The final work product will be a conceptual design evaluation (feasibility study) that identifies one or more project alternatives and a recommended alternative with preliminary site plan (30% design) and cost data, if appropriate. J. FEDERAL FUND INFORMA TlON A portion or all of the funds for this project are provided through a federal funding source. Funds provided from the US Dept of Commerce must be reported under CFDA#11.438 - Salmon Restoration and Award Number NA07NMF4380301 for federal fiscal year 2007. As a sub-recipient of the federal funds, you are required to provide the SRFB with a summary of the federal expenditures by CFDA # for each year. If your total federal expenditures are $500.000.00 or more in a one-year period, you are required to have a federal single audit in compliance with OMB Circular A-133. K. PROJECT GRANT AGREEMENT REPRESENT A TlVE All written communications sent to the Sponsor under this Agreement will be addressed and delivered to: Proiect Contact Name: Ryan Larson Title: Sr. Surface Water Mgt. Eng. Address: 6300 Southcenter Blvd Tukwila, WA 98188-2544 SRFB Recreation and Conservation Office Natural Resources Building PO Box 40917 Olympia, Washington 98504-0917 www.rco.wa.gov/srfb/ These addresses shall be effective until receipt by one party from the other of a written notice of any change. L. ENTIRE AGREEMENT This agreement, along with all attachments, constitutes the entire agreement of the parties. No other understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the parties. M. EFFECTIVE DA TE This agreement, for project#07-1670N, shall be effective upon signing by all parties. STATE OF WASHINGTON RECREATION AND CONSERVATION OFFICE BY: CladAtul~, ~ ~ Kaleen Cottin;~r\J, D~ector . DATE: 1/ J&i 1 of' PROJECT SPONSOR BY: TITLE: DATE: Pre-approved as to form: BY: ISI Assistant Attorney General Salmon Project AQreement Chapter 77.85 RCW, Chapter 286 WAC PROJAGR.RPT Salmon Funding Accounts Page 2 of 2 Exhibit J - Federal Fund Information Certification CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the .person to the department, institution, or office to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining.a copy of those regulations. 5. . The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 41 CFR 105, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment Suspension, Ineligibility, and Voluntary Exclusion -- Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is flot proposed for debarment under 41 CFR 105, debarred, suspended, declared ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the list of parties excluded from the federal procurement and non-procurement programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. Page 1 of 2 Exhibit J - Federal Fund Information Certification 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 41 CFR 105, debarred, suspended, declared ineligible, or voluntary excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Name and Title of Authorized Representative Signature 11-438 Salmon Restoration Date Name of Sub-grant Project 07-1670 Page 2 of 2 =a OUTDOOR RECREATION Salmon Program Federal Recovery Projects Post- Evaluation Project Summary TITLE: Riverton Creek Flapgate Removal and Restoration NUMBER: 07 -1670N (Non Capital) STATUS: Board Funded SPONSOR: City of Tukwila EVALUATION SCORE: BOARD RANKING: COSTS: SPONSOR MATCH: Salmon Federal Projects $42,500 85% Appropriation Cash Local $7,500 15% Total $50,000 100% DESCRIPTION: Tukwila will use this grant to conduct a feasibility analysis and design to determine whether twin flap gates can be removed to connect Riverton Creek and the Duwamish River. Results of the analysis will be used to complete design work. Connecting the two water bodies will restore full fish access to more than .2 mile of off channel, shallow water habitat. Off channel and shallow water habitats in the estuarine transition zone, where freshwater and saltwater meet, is a critical factor in recovering Chinook salmon. This type of habitat will provide shelter from predators and refuge during high river flows for salmon species. The work also will involve removing invasive species, planting vegetation and placing woody debris. LOCATION INFORMATION: On the Duwamish River in Tukwila. COUNTY: LEAD ENTITY ORG: WRIA 9 LE (King County) GOAL OBJECTIVE: The goal of the project is to increase /improve information to help select projects that have a high certainty and benefit. The objective of the project is to determine project siting, feasibility, design, or implementation. SALMON INFORMATION: indicates primary) Species Taraeted Chinook* Coho Habitat Factors Addressed Channel Conditions Riparian Conditions Loss of Access to Spawning and Rearing Habitat* FISCAL YEAR: 2008 DATE PRINTED: March 15, 2008 1PAPSUM7.RPT Riverton Creek Flapgate Removal and Restoration li.l~ft' OUTDOOR ~ RECRERTIOH Project Sponsor: Project Title: Eligible Reimbursement Activities Report City of Tukwila Riverton Creek Flapgate Removal and Restoration Project Number: 07-1670 N Approval: 12/13/2007 Non Capital Items: Worksite #1, Riverton Creek #1, Riverton Creek ELlGREIM.RPT Element Professional Services Salaries & Benefits Item Unit Consultant(s) Lump sum Salaries & Benefits - othe # of FTE's Quantity Description 1.00 Feasbility study 0.02 Salary and benefits March 15, 2008 1 Page: ~. @lntmlgmcy , Committe( far OtJTIIOOR ~ RECRERTION Milestone Report By Project Project Number: Project Name: Sponsor: Project Manager: 07-1670 N Riverton Creek Flapgate Removal and Restoration Tukwila City of Leslie Ryan-Connelly X ! Milestone Target Date Comments/Description Project Start 03/15/2008 ! Bid Awarded/Consultant Hired 04/01/2008 Data Gathering Started 04/15/2008 Annual Project Billing 07/31/2008 ! Draft Rpt Reviewed by Mgmt Agy 09/01/2008 Submit draft report to RCO for review. Proposed Completion Date 02/01/2009 ! Final Report Completed 02/01/2009 Special Conditions Met 02/01/2009 Feasibility study with 30% design for the preferred alternative ! Project Complete 03/31/2009 Final Docs/Billing to Mgmt Agy 04/30/2009 i( = Milestone Complete = Critical Milestone 1ILESTO.RPT March 15, 2008 Page: RECREATION AND CONSERVATION OFFICE Recreation and Conservation Office P.O. Box 40917 Olympia, WA 98504 -0917 City of Tukwila Parks Rec. Dept. 12424 42nd Ave S Tukwila, WA 98188 Project Number Project Name Project CATEGORIES: Agreement Non Capital Costs Equipment Non Capital Total 4greement Total: 'roject Manager /Date Agency Name Sponsor 07 -1670 N Invoice Riverton Creek Flapgate Removal and 1 $50,000.00 $50,000.00 BY Ta Be Compie#ed'B From: Billing Period To: ttti es X."0 Dai I l r =.,.;y revlous-ipe f�n�omnafior� FUNDING EXPENDITURE FORMULA For RCO Use ONLY Cen #1ca #on oPa� mart Release Final Pmt Division Supervisor /Date $0.001 FORM A -19 State of Washington INVOICE VOUCHER Sponsors Certificate. I hereby certify under penalty of perjury that the items and totals listed herein are proper charges for materials, merchandise or services furnished to the State of Washington, and that all goods furnished and /or services rendered have been provided without discrimination because of age, sex, marital status, race, creed, color, national origin, handicap, religion or Vietnam era or disabled veterans status. (TITLE) (DATE) DDnsar =r t -rWtit Expenditures IA feeen Previous RCO ffeimbuisem erits' Sponsor: 1 15.00% I $7,500.00 1 Total Billed RCO Federal: 1 I I Share Billed RCO: SALMON FED PROJ I 85.00% I $42,500.00 I Share Approved I I I Advance Balance 1 Match Owed Balance I I 1 Share Retained Share Paid I 100.00% $50,000.00 I Match Bank I D zCu eritDpc o �e�Doc#i� VendorN 107-1:0 essage 1 SW -00 N 1 Tra Eode r pi ndet t t r q-tAIM ugetNiair b —14A3W 1 A i amount_ 210 1 001 1 Q19 1 98104 1 NZ 1 1 1 1 Accounting/Date Costs For This Billing Non Reimbursable Match This is a Final Billing? Yes[] No[] Total INVOICERPT 3 /15/2008 Current Funding Press Release Template City of Tukwila offered grant to develop a plan or assessment for salmon recovery. (Tukwila) - City of Tukwila was awarded a grant of $42,500.00 from the Salmon Program. The grant was awarded by the Salmon Recovery Funding Board (SRFB), and will be used for the following: Tukwila will use this grant to conduct a feasibility analysis and design to determine whether twin flap gates can be removed to connect Riverton Creek and the Duwamish River. Results of the analysis will be used to complete design work. Connecting the two water bodies will restore full fish access to more than.2 mile of off-channel, shallow water habitat. Off-channel and shallow water habitats in the estuarine transition zone, where freshwater and saltwater meet, is a critical factor in recovering Chinook salmon. This type of habitat will provide shelter from predators and refuge during high river flows for salmon species. The work also will involve removing invasive species, planting vegetation and placing woody debris. The city will contribute $7,500. There were ninety-two applications submitted for consideration in the Salmon Program. Each project went through an evaluation process prior to being recommended for funding. The SRFB Board approved funding for projects on Thursday, December 13, 2007. Funding for the Salmon Program comes from funds administered by NOAA Fisheries. City of Tukwila will leverage local contributions totaling $7,500.00 with grant monies to implement the project. Total estimated project cost is $50,000.00. SRFB is the state's administrator of the grant program. Contact: Ryan Larson, (206) 431-2456 (sponsor project manager) Leslie Ryan-Connelly, (360) 902-3080, leslie.ryan-connelly@rco.wa.gov (SRFB project manager) PEOPLE FOR PUGET SOUND Riverton Flapgate Design Funding Contract This contract is entered into this day of , 2008, by and between the City of TukwiIa and People For Puget Sound, a non-profit Washington corporation, 911 Western Ave., #580, Seattle W A 98104. The purpose of this contract is to support the project to remove the flapgate on Riverton Creek which has been fully described in the application to the Salmon Recovery Funding Board. People For Puget Sound will transfer $30,000 to the City of Tukwila for the purpose of designing and permitting the project. Scope of Work The scope of work includes selection of a design consultant and the successful completion of an accepted design which will lead to implementation of the project. The contribution toward the project will be used as match toward the Salmon Recovery Funding Board grant, and as such, all terms of that grant must be met by the City ofTukwila. Contract Terms Duration. All work under this contract is to be completed by March 1,2009. Fee and Payment. People For Puget Sound wiII reimburse the City of Tukwila up to $30,000 for design and permitting costs associated with this project. The City of Tukwila will provide one invoice to the People for Puget Sound for reimbursement. The People for Puget Sound will reimburse the City of Tukwila within 30 days of receipt, unless there is a question or need for additional documentation, in which case resolution will be sought expeditiously. Amendments. Any amendment or extension of this contract must be by written instrument executed by both People For Puget Sound and the City ofTukwila. Cancellation. Either party may terminate this contract at any time, with or without cause, upon thirty (30) day's written notice to the other party. Upon termination of this contract, the City shall be entitled to payment for all design accost incurred prior to contract termination. Ownership and Use of Documents. All documents and other materials produced by the City of Tukwila in connection with the services rendered under this contract are the property of the City of Tukwila, but copies must be provided to People For Puget Sound. Compliance with Laws. The City of TukwiIa shall, in performing the services contemplated by this contract, faithfully observe and comply with all federal, state and local laws, ordinances and regulations applicable to the services to be rendered under this contract, and shall obtain any licenses or permits required. Liability/Insurance. The City of Tukwila agrees to indemnify and hold People For Puget Sound harmless for any and all liability or loss arising in any way out of the negligent performance of this contract. Independent Contractor. The City of Tukwila will be considered an independent contractor; conduct and control of work will lie solely within the purview of the City, provided that the City shall use good and reputable business practices. If appropriate, People For Puget Sound will 1 report all fees to the Contractor to the Internal Revenue Service on Form 1099. Neither People For Puget Sound nor the City shall have any right, power or authority to create any obligation, express or implied, on behalf of the other. Governing Law. This contract and all issues relating to the validity, interpretation, and performance shall be governed by and interpreted under the laws of the State of Washington. Severability. If any provision in this contract is held to be illegal, invalid, or unenforceable, such provision shall be fully severable and the remainder of this contract shall remain in full force and effect. Entire Agreement. This contract embodies the entire agreement and understanding between two parties hereto with respect to its subject matter and supersedes all prior agreements and understanding, whether written or oral, relating to its subject matter. No amendment, modification, or termination of this contract shall be valid unless made in writing and signed by each of the parties. IN WITNESS WHEREOF, the parties hereto executed this Contract the day and year first above written. PEOPLE FOR PUGET SOUND CITY OF TUKWILA By: By: Signature Sigllature Printed Name: Kathy Fletcher Printed Name: Title: Executive Director Title: Date: Date: ATTEST/AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM: Office of the City Attorney By: 2