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Home My WebLink AboutReg 2019-10-21 Item 4C - Grant Agreement - King County Cooperative Watershed Management Grant for Riverton Creek Flapgate Removal in Amount of $140,000CIL 4GE A PSIS Initiah- Meeting Date Prepared by Mayor's review Council review 10/21/19 GL AV, kk 14- ITEM NFORMATION ITEM No. STAFF SPONSOR: MIKE PERFETTI ORIGINAL AGENDA DATE: 10/21/19 AGENDA ITEM TITLE Surface Water Fund - Riverton Acceptance of King County Cooperative Creek Flap Gate Watershed Removal Management Grant CATEGORY J Discussion Mtg Date Motion Date 10/21/19 . Resolution ll Ordinance 0 Bid Award Mtg Date 1 Public Hearing R Other Mtg Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR II1CouneiI •Mayor •HR DDCD •Finance DFire DTS •P&R LlPolice DPW DCourt SPONSOR'S Council is being asked to accept the King County Cooperative Watershed Management SUMMARY (CWM) grant of $140,000 for the Riverton Creek Flap Gate Removal Project. The CWM grant is an additional supplemental grant to assist with the main grant from the State Recreation and Conservation Office of $946,965.00. From this, the CWM grant does require a match of $950,000, leaving $3,035.00 to be funded from the Surface Water Fund. REVIEWED BY Ell C.O.W. Mtg. 1 CDN Comm 1 Finance Comm. Comm. CHAIR: . Public Safety Comm. 0 Trans &Infrastructure • Arts Comm. . Parks III Planning Comm. DATE: 10/08/19 COMMII I EE ZAK IDAN RECOMMENDATIONS: SPONSOR/ADMIN. COMMI Department of Public Works Approval; Forward to Consent Agenda 'TEE Unanimous COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: 412 FUND SURFACE WATER (PAGE 93, 2019 CIP) Comments: Grant funded MTG. DATE RECORD OF COUNCIL ACTION 10/21/19 MTG. DATE ATTACHMENTS 10/21/19 Informational Memorandum dated 10/04/19 2019 CIP, page 93 GIS Project Rendering and photos King County CWM Grant Agreement Minutes from the Transportation & Infrastructure Committee meeting of 10/08/19 9 10 Allan Ekberg, Mayor Public Works Department - Henry Hash, Director INFOR ATIONAL E ORA DU TO: Transportation and Infrastructure Committee FROM: Henry Hash, Public Works Director BY: CC: Mike Perfetti, Habitat Project Manager 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 Match CWM RCO $ 140,000 $ 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 CVVM Project Agreement: Riverton Creek Flap Gate Removal 4.9.19.003 W:\PW Eng \OTHER\ Forms '101 TIC Items & Agendas\TIC Agenda Items\TIC 10-08-19\03 Riverton Creek\01 Info Memo CWM grant acceptance_20191004.docx 11 12 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 (RNV) 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 13 Riverton Creek Flap Gate Removal Trail Bridge Rendition L /• I 1 ' / I (t t c ..). ,•- , 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 r'-‘"'"nnititx '41 404 et<z4 Duwamish River in foreground, looking south east at Riverton Creek pouring into the river through the flapgates. The 1/4 acre backwater pool, looking north from the SR 599 off ramp. 15 16 Project Name: Riverton Creek Flapgate Removal Award Number: 4.9.19.003 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.harperakingcounty.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 17 Project Name: Riverton Creek Flapgate Removal Award Number: 4.9.19.003 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 terms 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 18 Project Name: Riverton Creek Flapgate Removal Award Number: 4.9.19.003 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 19 Project Name: Riverton Creek Flapgate Removal Award Number: 4.9.19.003 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 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 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 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. 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 20 Project Name: Riverton Creek Flapgate Removal Award Number: 4.9.19.003 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 form by the King County Prosecuting Attorney's Office as ofJuly 15, 2016. KING COUNTY: RECIPIENT: By By Name Name Title Title Date Date Page 5 of 7 21 Project Name: Riverton Creek FkapgatoRemoval EXHIBIT A: PROJECT DESCRIPTION Award Number: 4.9.19.003 PROJECT RECIPIENT DESCRIPTION MATCH AWARD Riverton Creek F|apQate Removal City of Tukwila Improve habitat conditions along the lower 1,ZOOlineal feet ofRiverton Creek and restore fish access between the creek and the DuwamishRiver, providing off -channel rearing habitat for five species ofanadvomoussalmon and trout, including ESA listed Chinook and Stee)hpad.The property islocated along the Green River Trail onthe left bank ufthe DuwmmishRiver a1RK46.5,all within the tidally influenced estuary. Restoration will include a)adding large wood tothe creek channel, b)removing invasive vegetation and installing native plants c)dayUghdngthe creek and replacing two perched culverts and flapgays with abridge for the regional Green River Trail. $950000 $140000 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. kblocated atDuwamishRiver Mile 6.5, left bank. Page 6 of 7 W.6*414""W "-00 uk APM =1 22 Project Name: Riverton Creek Flapgatellomuvu| EXHIBIT B: SCOPE OF WORK Award Number: 4�.19.003 Task Title Task Description (include Activities a"doeliverables) Estimated Percent of Total Budget Month/Year Task wi|nbe Completed Task z:Project Administration (Required) Submit reimbursement request forms, backup documentation for billing, and progress reports otleast every smonths. Submit aFiscal Closeout form and a Closeout 'Report form with the final reimbursement request. zm woyznzz Tusxz: Design and permitting: 'The City will work with its consultant to complete the design and permitting coordination and deliverables. 4m mnexnzn Tu,kz: Bank protection: the Contractor will modify the pcnrevetment fuallow the day|ightinuofthe Creek. Bank protection includes the installation ofboulders, rip,apand gravels installed mmaximize habitat gain, as well asafooting and abutments for the new regional trail bridge. zo% September xnzo Taskg: up|xndpmtcctmn' the Contractor will install ananchored sheet pile wall adjacent tothe road nnthe left bank and aretaining wall adjacent to commercial property o«the east bank. 20% Ju|yzOzz Task4: Large Woody Debris Installation: large woody debris will be incorporated both a,part mfastep down configuration and upereekaspart of the backwater improvements ^such a,riffle and pool formation and increased juvenile residency time during low water conditions. zs% September zoau Tad^s: Channel Excavation, Grading and Erosion Control: thefill prism and culverts with f|apgateswill beremoved to daylight thecreek. The steep lower channel slopes 'will uegraded toagentler pitch and protected with erosion control fabric Temporary bypass silt containment will beplaced during in -water work periods. aO% Auoost2UzO Tu,ha: Planting Restoration: the Contractor will install native riparian plants along 1,2oolineal feet nfRiverton Creek and 000lineal feet ofthe ouwamishRiver. Restoration includes the removal ofinvasive plants. 10% pcbman/ 2022 Task 7' Construction Management: The City ofTukwila and its consultant will oversee construction to ensure Contract compliance. zO% Movzn12 EXHIBIT C: BUDGET SUMMARY Budget Item Grant Requesst Staffing $1,389 Page 7 of 7 23 24 City of Tukwila City Council Transportation & Infrastructure Committee TRANSPORTATION & INFRASTRUCTURE COMMITTEE Meeting Minutes October 8, 2019 - 5:30 p. m. - Hazelnut Conference Room, City Hall Councilmembers: Zak Idan, Chair; Kate Kruller, Thomas McLeod Staff: David Cline, Henry Hash, Hari Ponnekanti, Vicky Carlsen, Tony Cullerton, Aaron Williams, Jeff Friend, Gail Labanara, Han Kirkland, Ryan Larson, Bryan Still, Michael Ronda, Laurel Humphrey Guests: Pia Westen & Adam Hutschreider, SHKS Architects CALL TO ORDER: Committee Chair Idan called the meeting to order at 5:30 p.m. I. BUSINESS AGENDA A. Bid Award: 2019 Annual Small Drainage Program Staff is seeking Council approval of a contract with KC Equipment, LLC in the amount of $434,267.50 for construction of the 2019 Annual Small Drainage Program. This program constructs drainage projects that are too large for city staff but smaller than a typical capital improvement project, and prioritized based on need, cost, requirements, and length of time on the list. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 21, 2019 REGULAR CONSENT AGENDA. B. Contract Amendment: 2019 Annual Small Drainage Program Staff is seeking Council approval of Amendment No. 1 to Contract 19-061 with KPG, Inc. for construction management of the 2019 Annual Small Drainage Program. KPG was selected from six firms for best meeting the requirements of the project. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 21, 2019 REGULAR CONSENT AGENDA. C. Grant Acceptance: Riverton Creek Flap Gate Removal Staff is seeking Council approval of an agreement with King County for $140,000 of Cooperative Watershed Management (CWM) grant funding for the Riverton Creek Flap Gate Removal Project. CWM funds are distributed annually to each WRIA in King County and Tukwila was awarded $140K toward design and construction of this project, which will increase available salnnonid rearing habitat and flood refuge in the lower Duwamish. The required match of $950,000 is available from other grant funds and Surface Water revenue. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 21, 2019 REGULAR CONSENT AGENDA. D. Grant Acceptance: NPDES Stormwater Capacity Grant Staff is seeking Council approval of a grant agreement with the Washington State Department of Ecology for a $95,000 2019-2021 Water Quality Stormwater Capacity Grant. Funds will be used to assist Phase II Permittees in implementation or management of municipal stormwater programs and no matching funds are required. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 21, 2019 REGULAR CONSENT AGENDA. 25