HomeMy WebLinkAbout17-012 - King County Flood Control District - Green the Green Grant17-012(a)
Council Approval N/A
AMENDMENT TO GRANT AWARD
Project
Name:
Tukwila's Green the Green Shoreline Revegetation
Recipient:
City of Tukwila
Agreement No.:
4.9.16.001
Address:
6300 Southcenter Blvd. Suite 100
Amendment
Date:
1/31/2020
Tukwila, WA 98188
Amendment No.:
1
AMENDMENT REQUESTED BY:
AMENDMENT WRITTEN BY:
Name:
Mike Perfetti
Name:
Kim Harper
Title:
Tukwila Habitat Project Manager
Title:
KC WLRD Grant Administrator
AMENDMENT EFFECTS:
El Change of Scope
0 Distribution of Funds Among Tasks
Time of Performance
El Compensation
El Terms and Conditions
0 Results of Services
Change #1 — Introductory Paragraph of Grant Agreement
READS:
This Agreement shall be in effect from the date of execution to January 31, 2020.
TO READ:
This Agreement shall be in effect from the date of execution to January 31, 2021.
Change #2 — Paragraph 3.5 of Grant Agreement
READS:
The Projects shall be completed by no later than January 31, 2020.
TO READ:
The Projects shall be completed by no later than January 31, 2021.
IN WITNESS HEREOF, THE PARTIES HERETO HAVE CAUSED THIS AMENDMENT TO BE EXECUTED AND
INSTITUTED ON THE DATE WRITTEN ABOVE.
King County, Washington
By
Title 1:51.vt's I cv\ -D\ ce c,-1-6C)
Date
RECIPIENT,
By
By
Title
/7161 -ive"di:
Date
k/
Project Name: Tukwila's Green the Green Shoreline Revegetation
17 -012
Council Approval 1/17/17
Award Number: 4.9.16.001
AGREEMENT FOR AWARD OF
COOPERATIVE WATERSHED MANAGEMENT GRANT FUNDS
BETWEEN CITY OF TUKWILA AND KING COUNTY
This Agreement is made between King County, a municipal corporation, and City of
Tukwila ( "Recipient "), for the purposes set forth herein. This Agreement shall be in effect from
the date of execution to January 31, 2020.
Primary Contact for King County: Kim Harper, Grant Administrator, 206 - 477 -6079,
Kim.harper @kingcounty.gov.
Primary Contact for Recipient: Mike Perfetti, 206 - 433 -7192, M. ike.perfettigtukwilawa.gov.
1.1
SECTION 1. RECITALS
Whereas, the King County Flood Control District ( "District ") is a quasi - municipal
corporation of the State of Washington, authorized to provide funding for cooperative
watershed management arrangements and actions for purposes of water quality, water
resource, and habitat protection and management;
1.2 Whereas King County is the service provider to the District under the terms of an
interlocal agreement ( "ILA ") by and between King County and the District, dated
February 17, 2009, as amended, and as service provider implements the District's annual
work program and budget;
1.3 Whereas, the Board of Supervisors of the District (the "Board "), the District's governing
body, passed Resolution FCD 2015 -11.2 on November 16, 2015, authorizing the King
County executive or his designee to develop and administer a grant award program of up
to $4,308,013 in 2015 for water quality, water resources and habitat restoration and
management projects and activities allocated in the amounts of $855,141 for the
Snoqualmie Watershed, $1,615,505 for Water Resource Inventory Area ( "WRIA ") 8,
$1,615,505 for WRIA 9, and $221,863 for WRIA 10 projects in King County, provided
that the project list is approved by the Board;
1.4 Whereas, in accordance with Resolution FCD2012 -07.2 and in its capacity as service
provider to the District, King County has established a grant award program, called the
Cooperative Watershed Management Award Program, to fund water quality, water
resources and habitat restoration and management projects and activities;
1.5 Whereas, the Recipient submitted an application to its respective WRIA forum or
committee for a project, as described in Exhibit A (the "Project "), and that body has
recommended the Project for funding under the Cooperative Watershed Management
Grant Program in accordance with King County's Cooperative Watershed Management
Grant Program Policies and Procedures, a copy of which has been furnished by King
County to the Recipient and which are incorporated herein by this reference ( "Grant
Policies and Procedures ");
0.24 , ? Gi/216//1/� �
Page 1 of 7
Project Name: Tukwila's Green the Green Shoreline Revegetation Award Number:. 4.9.16.001
1.6 Whereas the District's Board of Supervisors 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 Board of Supervisors has approved the Project for funding up
to the amount of $53,459;
1.7 Whereas King County has received a Scope of Work and a Budget for the Project from
the Recipient and has determined that the Scope of Work, attached hereto and
incorporated herein as Exhibit B ( "Scope of Work "), and the Budget, attached hereto and
incorporated herein as Exhibit C ( "Budget Summary "), are consistent with the Grant
Policies and Procedures;
1.8 Whereas, King County and the Recipient desire to enter into this Agreement for the
purpose of establishing the terms and conditions under which King County will provide
funding from the District in accordance with the Grant Policies and Procedures, and the
Recipient will implement the Project.
SECTION 2. AGREEMENT
2.1. The Recitals are an integral part of this Agreement and are incorporated herein by
this reference.
2.2. King County agrees to award the Recipient an award in the total amount of $53,549 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.
2.3. The Recipient represents and warrants that it will only use the Award for the Scope
of Work of this Agreement and in accordance with the Project Budget. The Recipient
shall be required to refund to King County that portion of the Award which is used
for work or tasks not included in the Scope of Work. Further, the Recipient agrees
that King County may retain any portion of the Award that is not expended or
remains after completion of the Scope of Work and issuance of the Final Report, as
further described below.
2.4. Activities carried out for this Project and expenses incurred by the Recipient may
predate the execution date of this Agreement provided that 1) they have been
identified by Recipient as being within the scopes of numbers 2) and 3) below, and
have been approved by King County as being within such scopes; 2) The activities
are specified in the Scope of Work of this Agreement; 3) the expenses are incurred in
carrying out the Scope of Work and are authorized by the Award as identified in the
Budget of this Agreement; 4) such activities and expenses otherwise comply with all
other terms of this Agreement; and 5) such activities and expenses do not occur prior
to the date the grants were approved by the District, and reimbursements shall be
paid to the Recipient only after this Agreement has been fully executed.
Page 2 of 7
Project Name: Tukwila's Green the Green Shoreline Revegetation Award Number: 4.9.16.001
2.5. The Recipient shall invoice King County for incurred expenses using the Request for
Payment form and Progress Report form for those documented and allowable
expenses identified in the Budgets and according to the rules set forth in the Grant
Policies and Procedures. Blank forms shall be provided to the Recipient by King
County upon execution of this Agreement. Progress reports for each project (with or
without requests for payment) shall be made no less frequently than every six months
after the effective date of this Agreement nor more frequently than every three
months after the aforementioned date. A Progress Report form shall be submitted
with all payment requests. Advances may be allowed, in the discretion of King
County, for expenses anticipated to be incurred in the three months following the
date of submission of the advance Request for Payment only for work that is
included in the Scopes of Work of this Agreement, and identified as such in the
Request for Payment. Documentation of payments made from advances shall be
submitted to King County prior to any further requests for payment.
2.6. The Recipient shall be required to submit to King County a final report which
documents the Recipient's completion of the work in conformance with the terms of
this Agreement within thirty (30) days after the completion of the work. The final
report may be submitted on the Close -out Report form unless a more detailed final
report is specified in the scope of work. A blank Close -out Report form shall be
provided to the Recipient by King County upon execution of this Agreement. The
final report shall include a summary of the Project's successes and shall address the
watershed benefits accomplished by the work.
2.7. The Recipient's expenditures of Award funds shall be separately identified in the
Recipient's accounting records. If requested, the Recipient shall comply with other
reasonable requests made by King County with respect to the manner in which
Project expenditures are tracked and accounted for in the Recipient's accounting
books and records. The Recipient shall maintain such records of expenditures as may
be necessary to conform to generally accepted accounting principles as further
described in Section 2.8 below, and to meet the requirements of all applicable state
and federal laws.
2.8. The Recipient shall be required to track project expenses using the Budget
Accounting and Reporting System for the State of Washington ( "BARS ") or
Generally Accepted Accounting Principles set forth by the Financial Accounting
Standards Board or by the Governmental Accounting Standards Board.
2.9. King County or its representative, and the District or its representative shall have the
right from time to time, at reasonable intervals, to audit the Recipient's books and
records in order to verify compliance with the terms of this Agreement. The
Recipient shall cooperate with King County and the District in any such audit.
2.10. The Recipient shall retain all accounting records and project files relating to this
Agreement in accordance with criteria established by the Washington State Archivist
Local Government Common Records Retention Schedule (CORE) as revised.
Page 3 of 7
Project Name: Tukwila's Green the Green Shoreline Revegetation Award Number: 4.9.16.001
2.11. The Recipient shall ensure that all work performed by 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. The Recipient shall implement an
appropriate monitoring system or program to ensure compliance with this provision.
2.12. The Recipient agrees to indemnify, defend and hold harmless King County, and the
District, their elected or appointed officials, employees and agents, from all claims,
alleged liability, damages, losses to or death of person or damage to property arising
out of any acts or omissions of the Recipient, its employees, agents, contractors or
subcontractors in performing its obligations under the terms of this Agreement.
2.13. The Recipient agrees to acknowledge the District as a source of funding for the
Project on all literature, signage or press releases related to the Project.
SECTION 3. GENERAL PROVISIONS
3.1. This Agreement shall be binding upon and inure to the benefit of the parties and their
respective successors and assigns.
3.2. This Agreement constitutes the entire agreement between the parties with respect to the
subject matter 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 unless such
amendment is in writing and is executed by the parties. The parties contemplate that this
Agreement may from time to time be modified by written amendment which shall be
executed by duly authorized representatives of the parties and attached to this
Agreement.
3.4. Each party warrants and represents that such party has full and complete authority to
enter into this Agreement and each person executing this Agreement on behalf of a party
warrants and represents that he /she has been fully authorized to execute this Agreement
on behalf of such party and that such party is bound by the signature of such
representative.
3.5. The Projects shall be completed by no later than January 31, 2020. In the event that the
Projects are not completed by this date, King County has the discretion, but not the
obligation, to terminate this Agreement and retain any unexpended Award funds.
3.6. This Agreement may be signed in multiple counterparts.
3.7. If any provision of this Agreement shall be wholly or partially invalid or unenforceable
under applicable law, such provision will be ineffective to that extent only, without in
any way affecting the remaining parts or provision of this Agreement, and the remaining
provisions of this Agreement shall continue to be in effect.
Page 4 of 7
Project Name: Tukwila's Green the Green Shoreline Revegetation Award Number: 4.9.16.001
3.8. This Agreement shall be interpreted according to the laws of the State of Washington.
Any judicial action to resolve disputes arising out of this Agreement shall be brought in
King County Superior Court.
3.9. The amount of the Award has been fully funded by the District. To the extent that
funding of the Award requires future appropriations by the King County Council, King
County's obligations are contingent upon the appropriation of sufficient funds by the
King County Council to complete the Scope of Work. If no such appropriation is made,
this Agreement will terminate at the close of the appropriation year for which the last
appropriation that provides funds under this Agreement was made.
This document has been approved as to form by the King County Prosecuting Attorney's Office
as of July 15, 2012.
KING COUNTY:
By
Name J OS1A uad'�
Titleptrec+vrl W LAM, t 4RP
Date z- / /a //
RECIPIENT:
Date 1"1"4"0 0 1 { Zb 1'7
Page 5 of 7
Project Name: Tukwila's Green the Green Shoreline Revegetation
EXHIBIT A: PROJECT DESCRIPTION
Award Number: 4.9.16.001
PROJECT
RECIPIENT
DESCRIPTION
MATCH
AWARD
Tukwila "Green
the Green"
Shoreline
Revegetation
Project
City of Tukwila
Remove invasive species and revegetate with
native plants along approximately 1,200 linear
feet of shoreline. The plant installation will
focus on providing shade with the "critical ",
"high ", or "medium" need areas as shown in the
Riparian Aspects Map.
$10,000
$53,459
Project Location:
1. Gateway North is located in the Duwamish Estuary Subwatershed, left bank, just
downstream from river mile 7
2. (Alternate) Tukwila Commerce Center is located in the Duwamish Estuary
Subwatershed, leftbank just upstream from river mile 8
3. Fort Dent Office Park is located in the Lower Green Subwatershed, left bank, just
downstream from river mile 12
4. (Alternate) Marriott Extended Stay Hotel is located in the Lower Green Subwatershed,
right bank, just upstream from river mile 13
5. West Valley Highway north of S. 180th is located in the Lower Green right bank at about
mile 14.5.
Note that these locations are subject to change based on willingness of project partners and
potential interest from other property owners. If agreements cannot be reached with the private
property owners listed here, or if outreach budget is exceeded, the City will focus revegetation
efforts on publicly -owned lands.
Page 6 of 7
Project Name: Tukwila's Green the Green Shoreline Revegetation
EXHIBIT B: SCOPE OF WORK
Award Number: 4.9.16.001
TASKS
OUTLINED DESCRIPTION OF ACTIVITIES AND PRODUCTS
ESTIMATED
PERCENT OF
TOTAL
BUDGET
DATES
Month/Year
task will be
completed
TASK 1
PROJECT ADMINISTRATION & MANAGEMENT: City staff will manage the
project schedule, grant funding, staff, and contractors through the duration
of the project.
City staff will submit reimbursement request forms, backup documentation
for billing, and progress reports at least every 6 months. Also will submit a
Fiscal Closeout form and a Closeout Report form with the final
reimbursement request.
4%
February
2020
TASK 2
OUTREACH: City staff will reach out to potential project partners, and
establish agreements with participants.
14%
April 2017
TASK 3
DESIGN, PERMITTING & CONTRACTOR SELECTION: City staff will provide
schematic design plans (1 sheet per site), obtain vegetation clearing permits,
and oversee bid and contractor selection.
6%
July 2017
TASK 4
CLEARING & GRUBBING /EROSION CONTROLS: selected contractor(s) will
clear & grub and provide erosion controls as needed and prepare area for
planting along approximately 700 lineal feet of shoreline.
12%
September
2017
TASK 5
PLANTING, SOIL AMENDMENTS & MULCHING: selected contractor will plant,
install soil amendments and mulch, along 700 lineal feet of shoreline.
24%
November
2017
TASK 6
WATERING & WEEDING FOR 2 YEARS: a contractor will weed and water for 2
years. Watering is anticipated to be with a watering truck using reclaimed
water.
36%
January
2020
TASK 7
MONITORING: city staff will provide quarterly monitoring reports for 2 year
maintenance period.
4%
January
2020
EXHIBIT C: BUDGET SUMMARY
ritsi4 i yq + e '7�,�Sh 5 ( 'Styy+ 1 ,. F r ":2` fi k -
BUDGETITEM -
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YS�„ }P� l%$A
GRANT „REQUEST
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PROJECTTOTAL
STAFFING
$
8,028
$
10,000
$
18,028
PROJECTSUPPUES
$
11,657
$
-
,
$
11,657
COMMERCIAL SERVICES & CREW TIME
r
$
32,994
, $
-
r
$
32,994
TRANSPORTATION
,r
$
780
$
-
$
780
' ; TOTALS;
$
53,459
$
10,000
$
63,459
Page 7 of 7