HomeMy WebLinkAbout20-115 - King County - Cooperative Watershed Management Grant: City Habitat Restoration ProjectsDocuSign Envelope ID: 112390AB-20CB-4342-B5D4-F18168D436D6
Project Names:
Project No. 1: Gilliam Creek Fish Barrier Removal
Project No. 2: Riverton Creek Flapgate Removal
Project No. 3: Tukwila's Green the Green Shoreline Revegetation Phase 3
20-115
Council Approval 11/2/20
Award Numbers:
4.9.20.009
4.9.20.019
4.9.20.021
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 December 31, 2023.
Primary Contact for King County: Kim Harper, Grant Administrator, 206-477-6079,
Kim.harper(c�,kin, county.aov.
Primary Contact for Recipient: Mike Perfetti, Habitat Project Manager, 206-433-7192,
Mike.perfetti@tukwilawa.aov.
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 2019-13 on November 6, 2019, authorizing the King
County executive or his designee to develop and administer a grant award program of up
to $4,810,172 in 2020 for water quality, water resources and habitat restoration and
management projects and activities in King County, provided that the project list is
approved by the Board;
1.4 Whereas, the Board passed Resolution FCD 2020-05 on March 10, 2020, authorizing up
to an additional $4,810,172 for the grant award program in 2020, for a total of up to
$9,620,344 to be used for water quality, water resources and habitat restoration and
management projects and activities in King County, provided that the project list is
approved by the Board;
1.5 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;
1.6 Whereas, the Recipient submitted applications to its respective WRIA forum or
Page 1 of 8
DocuSign Envelope ID: 112390AB-20CB-4342-B5D4-F18168D436D6
Project Names:
Project No. 1: Gilliam Creek Fish Barrier Removal
Project No. 2: Riverton Creek Flapgate Removal
Project No. 3: Tukwila's Green the Green Shoreline Revegetation Phase 3
Award Numbers:
4.9.20.009
4.9.20.019
4.9.20.021
committee for the Projects, as described in Exhibit A attached hereto and incorporated
herein by this reference, and that body has recommended the Projects 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");
1.7 Whereas the District's Board of Supervisors has received a list of proposed projects that
includes the Projects, and the Board of Supervisors has approved the Projects, in
Resolution FCD2020-15, for funding up to the amount of $200,000 as follows: $100,000
for the Project titled "Gilliam Creek Fish Barrier Removal", $50,000 for the Project titled
"Riverton Creek Flapgate Removal", and $50,000 for the Project titled "Tukwila's Green
the Green Shoreline Revegetation Phase 3";
1.8 Whereas King County has received Scopes of Work and Budgets for the Projects from
the Recipient and has determined that the Scopes of Work, attached hereto and
incorporated herein as Exhibit B-1, B-2 and B-3, collectively referred to as "Scopes of
Work", and the Budgets, attached hereto and incorporated herein as Exhibit C ("Budget
Summary"), are consistent with the Grant Policies and Procedures;
1.9 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 Projects.
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 $200,000
from District funds (the Award). The Award shall be used by the Recipient solely for the
performance of the Projects. 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 Scopes of
Work of this Agreement and in accordance with the Project Budgets. 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 Scopes of Work and issuance of the Final Reports, as further described below.
2.4. Activities carried out for these Projects 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
Page 2 of 8
DocuSign Envelope ID: 112390AB-20CB-4342-B5D4-F18168D436D6
Project Names:
Project No. 1: Gilliam Creek Fish Barrier Removal
Project No. 2: Riverton Creek Flapgate Removal
Project No. 3: Tukwila's Green the Green Shoreline Revegetation Phase 3
Award Numbers:
4.9.20.009
4.9.20.019
4.9.20.021
the Scopes of Work of this Agreement; 3) the expenses are incurred in carrying out the
Scopes of Work and are authorized by the Award as identified in the Budgets 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 for each project
separately 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. 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 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 for each Project
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
reports may be submitted on the Close-out Report form unless more detailed final reports
are specified in the scopes of work. A blank Close-out Report form shall be provided to
the Recipient by King County upon execution of this Agreement. Each final report shall
include a summary of each 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
Page 3 of 8
DocuSign Envelope ID: 112390AB-20CB-4342-B5D4-F18168D436D6
Project Names:
Project No. 1: Gilliam Creek Fish Barrier Removal
Project No. 2: Riverton Creek Flapgate Removal
Project No. 3: Tukwila's Green the Green Shoreline Revegetation Phase 3
Award Numbers:
4.9.20.009
4.9.20.019
4.9.20.021
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
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, and the WRIA
as a funding partner, for the Projects on all printed, online, and electronic documents;
signage or press releases; audio-visual materials; or any other materials produced in
association with the Projects. Grant recipients shall submit documentation of
acknowledgement activities with their final reporting documents.
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.
Page 4 of 8
DocuSign Envelope ID: 112390AB-20CB-4342-B5D4-F18168D436D6
Project Names:
Project No. 1: Gilliam Creek Fish Barrier Removal
Project No. 2: Riverton Creek Flapgate Removal
Project No. 3: Tukwila's Green the Green Shoreline Revegetation Phase 3
Award Numbers:
4.9.20.009
4.9.20.019
4.9.20.021
3.5. The Projects shall be completed by no later than December 31, 2023. 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.
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,
this Agreement will terminate at the close of the appropriation year for which the last
appropriation that provides funds under this Agreement was made.
KING COUNTY:
DocuSigned by:
By 207AF31BBF&B4 i0...
Name Josh Baldi
RECIPIENT:
By C,
Name A11 an Ekberg
Title Division Director, WLRD, DNRP Title ��. I{1
Date t ( I v`
Date 11/18/2020
Page 5 of 8
DocuSign Envelope ID: 112390AB-20CB-4342-B5D4-F18168D436D6
Project Names:
Project No. 1: Gilliam Creek Fish Barrier Removal
Project No. 2: Riverton Creek Flapgate Removal
Project No. 3: Tukwila's Green the Green Shoreline Revegetation Phase 3
EXHIBIT A: Project Descriptions
Award Numbers:
4.9.20.009
4.9.20.019
4.9.20.021
WRIA
PROJECT
RECIPIENT
DESCRIPTION
MATCH
AWARD
9
Gilliam Creek Fish
Barrier Removal
City of
Tukwila
Create fish passage between Gilliam Creek and
the Green River in Tukwila. Gilliam Creek is
mostly inaccessible to aquatic species due to
the presence of a 1960s -era 108" -diameter
flapgate at the outlet of a 207 -foot long culvert
beneath 66th Ave. S. The project will remove
the flapgate.
$61,000
$100,000
9
Riverton Creek
Flapgate Removal
Complete the revegetation portion of the
larger project that will improve habitat
conditions along the lower 1,200 lineal feet of
Riverton Creek and along the adjacent
Duwamish River segment to the east by
restoring fish access between the creek and
the Duwamish River and providing off -channel
rearing habitat for five species of anadromous
salmon and trout.
$124,219
$50,000
9
Tukwila's Green the
Green Shoreline
Revegetation Phase 3
Provide two years of maintenance for two in -
progress restoration sites along the Green
River in Tukwila.
$20,000
$50,000
TOTALS
$205,219
$200,000
Project Locations:
Project No. 1: The project is located on the Green River at the confluence with Gilliam Creek in the
highly developed Southcenter area of Tukwila. The project will improve the following habitats;
mainstem edge, confluence and tributary. Within the Green-Duwamish watershed, this project is
located within the lower Green River, upstream of the salt wedge, but still tidally influenced.
Project No. 2: 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.
Project No. 3: Both project sites are within the Lower Green River sub -watershed, which is within the
WRIA 9 planning and action area. The JSH property is located along the left bank of the Green River at
RM 11.5 in Tukwila. The Harnish Group (NC Machinery) property is located along the left bank of the
Green River at RM 13.6 in Tukwila.
Page 6 of 8
DocuSign Envelope ID: 112390AB-20CB-4342-B5D4-F18168D436D6
Project Names:
Project No. 1: Gilliam Creek Fish Barrier Removal
Project No. 2: Riverton Creek Flapgate Removal
Project No. 3: Tukwila's Green the Green Shoreline Revegetation Phase 3
EXHIBIT B-1: Scope of Work for Gilliam Creek Fish Barrier Removal
Award Numbers:
4.9.20.009
4.9.20.019
4.9.20.021
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%
October 2023
Task 2:
Site survey and investigations
12%
April 2021
Task 3:
Concept Design
5%
July 2021
Task 4:
Preliminary Design/30%
12%
October 2021
Task 5:
60% Design
15%
March 2022
Task 6:
90% Design
20%
August 2022
Task 7:
Stakeholder Coordination
10%
August 2023
Task 8:
Permit Applications and Coordination
15%
August 2023
Task 9:
Final Design
10%
October 2023
EXHIBIT B-2: Scope of Work for Riverton Creek Flapgate Removal
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.
5%
March 2022
Task 2:
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, plant maintenance and regrowth control for
1 year.
95%
March 2022
EXHIBIT B-3: Scope of Work for Tukwila's Green the Green Shoreline Revegetation Phase 3
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.
5%
May 2023
Task 2:
Watering and weeding for 2 years: a contractor will weed and
water the 2 restoration sites for 2 years.
95%
May 2023
Page 7 of 8
DocuSign Envelope ID: 112390AB-20CB-4342-B5D4-F18168D436D6
Project Names:
Project No. 1: Gilliam Creek Fish Barrier Removal
Project No. 2: Riverton Creek Flapgate Removal
Project No. 3: Tukwila's Green the Green Shoreline Revegetation Phase 3
EXHIBIT C: Budget Summary
Award Numbers:
4.9.20.009
4.9.20.019
4.9.20.021
Budget Item
Grant Award Amount
Gilliam Creek Fish
Barrier Removal
Riverton Creek,
Flapgate Removal
Tukwila's Green the
Green Shoreline
Revegetation Phase 3
Totals
Staffing
$543
$1,494
$1,793
$3,830
Project Supplies
$15,734
$6,852
$22,586
Commercial Services
$99,457
$32,772
$41,355
$173,584
Total
$100,000
$50,000
$50,000
$200,000
Page 8 of 8