HomeMy WebLinkAboutTIC 2019-10-08 Item 2C - Grant Agreement - Cooperative Watershed Management Grant for Riverton Creek Flap Gate Removal with King CountyCity of Tukwila
•
Allan Ekberg, Mayor
Public li-Vorks Department - Henry Hash, Director
INFORMATIONAL MEMORANDUM
TO: Transportation and Infrastructure Committee
FROM: Henry Hash, Public Works Director 4,4
BY: Mike Perfetti, Habitat Project Manager
CC: Mayor Ekberg
DATE: October 4, 2019
SUBJECT: Surface Water Fund - Riverton Creek Flap Gate Removal
Project No. 99830103
Acceptance of Cooperative Watershed Management Grant
ISSUE
Authorize the Mayor to sign a grant agreement with King County for the Cooperative Watershed
Management grant for the Riverton Creek Flap Gate Removal Project.
BACKGROUND
Earlier this year, the City appealed to WRIA 9 to request support to fund additional scope items as
requested by the Salmon Recovery Funding Board, a project grantor. On May 1, 2019, staff
submitted a Cooperative Watershed Management (CWM) grant application and is now being
offered $140,000 in CWM funds.
DISCUSSION
CWM funds are distributed annually to each WRIA in King County and WRIA 9's 2019 share is
$1,756,563. The City applied for and was awarded $140,000 towards the design and construction
of the Riverton Creek Flapgate Removal Project.
FISCAL IMPACT
The CWM grant requires a match of $950,000, which is roughly the sum of the City's existing RCO
grant (PSAR+ SRFB funds). The remainder of the match will come from Surface Water Utility
revenue with $310,000 currently budgeted in 2019/2020.
Grant Award 1 Match
CWM $ 140,000
RCO 1 $ 946,965
City 3,035
Total $ 140,000 $ 950,000
RECOMMENDATION
Council is being asked to approve the King County CWM grant agreement for $140,000 for the
Riverton Creek Flap Gate Removal Project and consider this item on the Consent Agenda at the
October 21, 2019 Regular Meeting.
Attachments: 2019 CIP, page 93
GIS Project Rendering and photos
CWM Project Agreement: Riverton Creek Flap Gate Removal 4.9.19.003
17
W:\PW Eng \OTHER \Forms \01 TIC Items & Agendas \TIC Agenda Items \TIC 10-08-19\03 Riverton Creek \01 Info Memo CWM grant acceptance_20191004 docx
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2019 to 2024
PROJECT: Riverton Creek Flap Gate Removal Project No. 99830103
Remove two culverts and flap gates at Duwamish River; install pipe arch, create open channel
DESCRIPTION: confluence, install trail bridge over new channel, restore/revegetate 200 feet of creek channel and
450 ft. of pond shoreline.
JUSTIFICATION: Increase available salmonid rearing habitat and increase flood refuge in lower Duwamish River.
Improve fish access to Riverton Creek and enhance salmon rearing and resting area.
STATUS: Design underway in 2018. Construction grant of $846k from WA State RCO.
MAINT. IMPACT: Expected to increase maintenance.
COMMENT:
Project used as mitigation for East Marginal Way Pipe Replacement Project and HPA
Control #133763-1 requires work to be completed by June 11, 2019, which will need to be extended.
FINANCIAL Through Estimated
in $000's
2017 2018 2019
2020 2021 2022 2023 2024 BEYOND TOTAL
EXPENSES
Design
204
100
40
344
Land (R/W)
0
Monitoring
15
15
15
15
15
15
90
Const. Mgmt.
184
184
Construction
918
918
TOTAL EXPENSES
204
100
1,142
15
15
15
15
15
15
1,536
FUND SOURCES
Awarded Grant
72
847
919
Proposed Grant
0
Mitigation Actual
0
Mitigation Expected
0
Utility Revenue
132
100
295
15
15
15
15
15
15
617
TOTAL SOURCES
204
100
1,142
15
15
15
15
15
15
1,536
2019 - 2024 Capital Improvement Program
93
18
CS)
N-
0
N
Duwamish River in foreground, looking south
east at Riverton Creek pouring into the river
through the flapgates.
Riverton Creek Flapgate Removal Project
site photos for 2019 CWM grant application
Riverton Creek separated from the Duwa-
mish River by the fill prism and revetment
viro***,r
The 1/4 acre backwater pool, looking north from the SR 599 off ramp.
21
Project Name: Riverton Creek Flapgate Removal Award Number: 4.9. 9.003
AGREEMENT FOR AWARD OF
COOPERATIVE WATERSHED MANAGEMENT GRANT FUNDS
BETWEEN THE CITY OF TUKWILA AND KING COUNTY
This Agreement is made between King County, a municipal corporation, and the City of
Tukwila ("Recipient"), for the purposes set forth herein. This Agreement shall be in effect from
the date of execution to May 31, 2022.
Primary Contact for King County: Kim Harper, Grant Administrator, 206-477-6079,
Kim.harper a,kingcounty.gov.
Primary Contact for Recipient: Mike Perfetti, 206-433-7192, Mike.perfetti@tukwilawa.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 2018-09 on November 5, 2018, authorizing the King
County executive or his designee to develop and administer a grant award program of up
to $4,684,168 in 2019 for water quality, water resources and habitat restoration and
management projects and activities allocated in the amounts of $929,807 for the
Snoqualmie Watershed, $1,756,563 for WRIA 8, $1,756,563 for WRIA 9, and $241,235
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 the Project, as described in Exhibit A attached hereto and incorporated
herein by this reference, 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");
Page 1 of 7
22
Project Name: Riverton Creek Flapgate Removal Award Number: 4.9. 9.003
1.6 Whereas the District's Board of Supervisors has received a list of proposed projects that
includes the Project, and the Board of Supervisors, in Resolution FCD2019-10, has
approved the Project for funding up to the amount of $140,000;
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 teluts and conditions under which King County will provide
funding from the District in accordance with the 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 $140,000
from District funds (the Award). The Award shall be used by the Recipient solely for the
performance of the Project. 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.
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
Page 2 of 7
23
Project Name: Riverton Creek Flapgate Removal Award Number: 4.9. 9.003
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. A one-time advance 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 Scope of Work
of this Agreement, and identified as such in the Request for Payment. The amount of the
advance may not exceed 20% of the total award amount. 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.
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
Page 3 of 7
24
Project Name: Riverton Creek Flapgate Removal Award Number: 4.9. 9.003
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 hailnless 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 Project shall be completed by no later than May 31, 2022. In the event that the
Project is not completed by this date, King County has the discretion, but not the
obligation to teiminate 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.
3.8. 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,
Page 4 of 7
25
Project Name: Riverton Creek Flapgate Removal Award Number: 4.9. 9.003
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 foiin by the King County Prosecuting Attorney's Office
as of July 15, 2016.
KING COUNTY: RECIPIENT:
By By
Name Name
Title Title
Date Date
Page 5 of 7
26
Project Name: Riverton Creek Flapgate Removal
Award Number: 4.9.19.003
EXHIBIT A: PROJECT DESCRIPTION
PROJECT
RECIPIENT
DESCRIPTION
MATCH
AWARD
Riverton Creek
Flapgate
Removal
City of
Tukwila
Improve habitat conditions along the lower 1,200 lineal
feet of Riverton Creek and restore fish access between the
creek and the Duwamish River, providing off -channel
rearing habitat for five species of anadromous salmon and
trout, including ESA listed Chinook and Steelhead. The
property is located along the Green River Trail on the left
bank of the Duwamish River at RM 6.5, all within the tidally
influenced estuary. Restoration will include a) adding large
wood to the creek channel, b) removing invasive
vegetation and installing native plants c) daylighting the
creek and replacing two perched culverts and flapgates
with a bridge for the regional Green River Trail.
$950,000
$140,000
Project Location: The site is across the river from the Duwamish Gardens and Chinook Wind habitat restoration
projects, and adjacent to the SR 599 off ramp to Tukwila International Boulevard. It is located at Duwamish River
Mile 6.5, left bank.
.,M c. :e5
Page 6 of 7
27
Project Name: Riverton Creek Flapgate Removal
Award Number: 4.9. 9.003
EXHIBIT B: SCOPE OF WORK
Task Title
Task Description (Include Activities and Deliverables)
Estimated
Percent of
Total Budget
Month/Year
Task will be
Completed
Task 1: Project
Administration
(Required)
Submit reimbursement request forms, backup documentation for billing, and
progress reports at least every 6 months. Submit a Fiscal Closeout form and a
Closeout Report form with the final reimbursement request.
1%
May 2022
Task 1:
Design and permitting: The City will work with its consultant to complete the
design and permitting coordination and deliverables.
4%
June 2020
Task 2:
Bank protection: the Contractor will modify the FCD revetment to allow the
daylighting of the Creek. Bank protection includes the installation of boulders,
riprap and gravels installed to maximize habitat gain, as well as a footing and
abutments for the new regional trail bridge.
20%
September
2020
Task 3:
Upland protection: the Contractor will install an anchored sheet pile wall
adjacent to the road on the left bank and a retaining wall adjacent to
commercial property on the east bank.
20%
July 2021
Task 4:
Large Woody Debris Installation: large woody debris will be incorporated both
as part of a step down configuration and upereek as part of the backwater
improvements such as riffle and pool formation and increased juvenile
residency time during low water conditions.
15%
September
2020
Task 5:
Channel Excavation, Grading and Erosion Control: the fill prism and culverts
with flapgates will be removed to daylight the creek. The steep lower channel
slopes will be graded to a gentler pitch and protected with erosion control
fabric. Temporary bypass silt containment will be placed during in -water work
periods.
20%
August 2020
Task 6:
Planting Restoration: the Contractor will install native riparian plants along
1,200 lineal feet of Riverton Creek and 400 lineal feet of the Duwamish River.
Restoration includes the removal of invasive plants.
10%
February
2022
Task 7:
Construction Management: The City of Tukwila and its consultant will oversee
construction to ensure Contract compliance.
10%
May 2022
EXHIBIT C: BUDGET SUMMARY
Budget Item
Grant Requesst
Staffing
$1,389
Commercial Services & Crew Time
$138,611
TOTAL
$140,000
Page 7 of 7
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