HomeMy WebLinkAboutReg 2021-11-15 Item 6 - Grant Agreement - Gilliam Creek Fish Barrier Removal Funding with King County for $300,000COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
11/15/21
JR
ITEM INFORMATION
ITEM NO.
6
129
STAFF SPONSOR: MIKE PERFETTI
ORIGINAL AGENDA DATE: 11/15/21
AGENDA ITEM TITLE
Surface
Acceptance
Water Fund - Gilliam Creek Fish Barrier Removal
of King County Flood Reduction Grant Funds
11/15/21
Motion
Date 11/15/21
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
CATEGORY 11 Discussion
11
Altg Date
Mtg
SPONSOR ❑Council Mayor HR ❑DCD Finance Fire IS P&R Police PW' ❑Court
SPONSOR'S City staff submitted a grant application and was awarded the full request from the King
SUMMARY County Flood Control District from its new Flood Reduction Grant that targets culvert
replacement and fish passage. This funding will be used to support preliminary design,
stakeholder involvement, and design development. Council is being asked to authorize the
Mayor to sign the agreement for the Award of Flood Reduction Grant Funds between the
City of Tukwila and King County for the Gilliam Creek Fish Barrier Removal Project.
REVIEWED BY
Trans&Infrastructure
❑ CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev.
❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
COMMITTEE CHAIR: VERNA SEAL
❑ LTAC
DATE: 11/08/21
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMMITTEE
Public Works Department
Forward to Regular Meeting
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
Fund Source: SURFACE WATER FUND 412
Comments: 2021-2026 CIP Pg, 85
MTG. DATE
RECORD OF COUNCIL ACTION
11/15/21
MTG. DATE
ATTACHMENTS
11/15/21
Informational Memorandum dated 11/05/2021
2021-2026 CIP Pg. 85
Agreement for Award of Flood Reduction Grant Funds
Committee minutes for Transportation and Infrastructure distributed under separate cover.
129
130
City of Tukwila
Allan Ekberg, Mayor
Public Works Department - Hari Ponnekanti, Director/City Engineer
TO:
FROM:
BY:
CC:
DATE:
SUBJECT:
INFORMATIONAL MEMORANDUM
Transportation and Infrastructure Services Committee
Hari Ponnekanti, Public Works Director/City Engineer
Mike Perfetti, Habitat Project Manager
Mayor Ekberg
November 5, 2021
Surface Water Fund - Gilliam Creek Fish Barrier Removal
Project No. 99830105
Acceptance of King County Flood Reduction Grant Funds
ISSUE
Authorize the Mayor to sign a grant agreement with King County.
BACKGROUND
The primary goals of this project are to restore fish passage between Gilliam Creek and the Green
River, restore salmon habitat, and maintain or improve flood protection. The 108" flapgate would
be removed and replaced with flood protection more suitable to fish passage.
DISCUSSION
In May, staff submitted a grant application to the King County Flood Control District (KCFCD)
requesting funds from its new Flood Reduction Grant that targets culvert replacement and fish
passage. In October, the City was notified by the District that it is being awarded the full request.
This funding will be used to support preliminary design, stakeholder involvement and design
development.
FISCAL IMPACT
The City has $1,937,000 earmarked for design in the CIP, including $561,000 in surface water
funds through 2023. While there is no match requirement, the City identified $300,000 in other
grant funds as leverage.
Grant
Award
Leverage
KCFCD Grant
$300,000
CWM-2021 Grant
......................................................................................................................................................................................................................................................................................................................................................................................................................................................
CWM-2020 Grant
$200,000
$100,000
Total
$300,000
$300,000
RECOMMENDATION
Council is being asked to authorize the mayor to sign the Agreement for Award of Flood Reduction
Grant Funds between the City of Tukwila and King County for the Gilliam Creek Fish Barrier Removal
Project and consider this item on the Consent Agenda at the November 15, 2021 Regular Meeting.
Attachments: 2021-2026 CIP Pg. 85
Agreement for Award of Flood Reduction Grant Funds Between the City of Tukwila and King County 4.21.24
131
132
PROJECT:
DESCRIPTION:
JUSTIFICATION:
STATUS:
MAINT. IMPACT:
COMMENT:
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2021 to 2026
Gilliam Creek Fish Barrier Removal
Project No. 99830105
Construct fish passage improvements at existing flap gate and restore salmonid habitat; replace flap gate
which may include a self-regulating tide gate or flood wall.
Enable fish access to lower Gilliam Creek under wider range of flow conditions; fish barrier per WDFW and
City; WRIA 9 salmon habitat project.
Analysis of lower Gilliam Creek is being conducted in 2018 to determine the best solution for fish passage
and to address potential flooding.
Likely a shift in maintenance commitments with potential elimination of flapgate maintenance.
In 2020, SRFB listed as Project of Concern, WRIA pulling funding from this cycle; BA Fish Barrier Board -
scored 63 of 94; outcomes yet to be determined; $100K allocated in CWM via WRIA 9.
FINANCIAL Through Estimated
(in $000's)
2019 2020 2021
2022 2023 2024 2025 2026 BEYOND TOTAL
EXPENSES
Project Locations
H>ra�__
®I
sR
rlig
ri
Design
60
936
536
405
: 41
}A '
1,937
Land (R/W)
111
11111174,
I
0
Monitoring
A t-
i4P5WW:425":1"'
:.4.. -.
MINIFININI
VIUMPANI
8 YSp 5t
II ri�4
0
Const. Mgmt.
7 . i
VANN
alp
1 \
1,;"
752
400
1152
Construction
•p
Tukwila-'
5,200
2,000
7,200
TOTAL EXPENSES
60
0
936
536
405
5,952
2,400
0
0
10,289
FUND SOURCES
Awarded Grant
0
Proposed Grant
708
350
258
4,760
1,000
7,076
Mitigation Actual
0
Mitigation Expected
0
City Oper. Revenue
60
0
228
186
147
1,192
1,400
0
0
3,213
TOTAL SOURCES
60
0
936
536
405
5,952
2400
0
0
10,289
2021 - 2026 Capital Improvement Program
85
133
Project Locations
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: 41
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14
111
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:.4.. -.
MINIFININI
VIUMPANI
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7 . i
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2021 - 2026 Capital Improvement Program
85
133
134
Project Name: Gilliam Creek Fish Passage & Habitat Enhancement Award Number: 4.21.24
AGREEMENT FOR AWARD OF
FLOOD REDUCTION 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") (collectively referred to as the "parties" and in the singular "party"), for
the purposes set forth herein. This Agreement shall be in effect from the date of execution to
December 31, 2024.
Project Contacts:
Contact for King County — Kim Harper, Grant Administrator, 206-477-6079,
Kim.harper@kingcounty.gov.
Contact for Recipient — Mike Perfetti, 206-550-4930, 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 flood control
and stormwater protection projects and activities; and
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; and
1.3 Whereas, on November 12, 2013, the District's Board of Supervisors passed Resolution
FCD2013-14 which established a Flood Reduction Grant Program and criteria for
awarding grant funding for projects, and on November 4, 2020, the Board passed
Resolution FCD2020-22, which authorized an allocation of $12,000,000 from the
District's 2021 budget to fund flood reduction projects; and
1.4 Whereas, on September 14, 2021 the District's Board of Supervisors passed Resolution
FCD2021-10, which approved the flood reduction projects described in Attachment A to
that Resolution; and
1.5 Whereas, in accordance with the terms of these Resolutions, and in its capacity as
service provider to the District, King County has established policies and procedures for
administering the flood reduction grant program, a copy of which has been furnished to
Recipient and which is incorporated herein by this reference (hereinafter "Grant Policies
and Procedures"); and
1.6 Whereas, the Recipient submitted an application to receive funds for a project to be
funded by the Flood Reduction Grant Program; and
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Project Name: Gilliam Creek Fish Passage & Habitat Enhancement Award Number: 4.21.24
1.7 Whereas the District's Board of Supervisors approved funding of Recipient's application
for the project ("Project"), as described in Attachment A to Resolution FCD2021-10 in
the amount of $300,000 ("Award"); and
1.8 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"), are consistent with the Grant Policies and
Procedures, the Recipient's application for the Project, and the Resolution approving
funding for the Project; and
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 Resolution FCD2021-10, and the Grant
Policies and Procedures, and under which 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 pay the Award amount to Recipient in the total amount of
$300,000 from District funds. The Award shall be used by the Recipient solely for the
performance of the Project, as described in Exhibit A to this Agreement. Exhibit A,
attached hereto and incorporated herein by this reference, contains a description of the
Project as described in Attachment A to Resolution FCD2021-10. King County shall
pay the Recipient in accordance with the terms of 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) the activities occur after the District passes a resolution approving an
award for the Project; 5) such activities and expenses otherwise comply with all
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136
Project Name: Gilliam Creek Fish Passage & Habitat Enhancement Award Number: 4.21.24
other terms of this Agreement; and 6) 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 Budget 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. A progress report (with or without a request 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
of no more than 25% of the Award amount 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.
Documentation of payments made from the advance payment 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 Closeout Report form unless a more detailed final report is specified in
the scope of work. A blank 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 flood reduction 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.
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Project Name: Gilliam Creek Fish Passage & Habitat Enhancement Award Number: 4.21.24
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 for the Project
on all literature, signage or press releases related to the Project. The Recipient may
obtain from King County a District logo that may be used in the acknowledgement.
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 December 31, 2024. 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.
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Project Name: Gilliam Creek Fish Passage & Habitat Enhancement Award Number: 4.21.24
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 District, King County's
obligations are contingent upon the appropriation of sufficient funds by the Board of
Supervisors of the District 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: RECIPIENT:
By By
Name Name
Title Title
Date Date
Page 5 of 6
139
Project Name: Gilliam Creek Fish Passage & Habitat Enhancement
EXHIBIT A: PROJECT DESCRIPTION
Award Number: 4.21.24
PROJECT NAME
RECIPIENT
DESCRIPTION
LEVERAGE
AWARD
Gilliam Creek
Fish Passage &
Habitat
Enhancement
City of
Tukwila
The Gilliam Creek Fish Barrier Removal and Habitat
Enhancement Project will restore fish passage between
Gilliam Creek and the Green River and improve habitat
conditions within lower Gilliam Creek. 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.
$300,000
$300,000
EXHIBIT B: SCOPE OF WORK
TASKS
ACTIVITIES AND DELIVERABLES
APPROX.
PERCENT OF
AWARD
MONTH/YEAR
TASK WILL BE
COMPLETED
TOTAL
(Grant +
Leverage)
SOURCE NAME
2020
CWM
2021
CWM
Task 1: Project
Administration
(Required task)
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, 2024
Task 2: Design
Development
(match
contributions)
We hired a professional design consulting team to finalize
preliminary feasibility work and develop three conceptual
design alternatives. Deliverable will be the selection of the
chosen alternative.
1%
October, 2022
Task 3:
Permitting
We will hire a professional design consulting team to execute
permitting for the preferred alternative up to 60%, 90% or
100% design, depending on alternative selected. Deliverables
will be the permits for design and construction.
38%
October, 2023
Task 4:
60%/90%/100%
Design
We will hire a professional design consulting team to execute
design for the preferred alternative up to 60%, 90% or 100%
design, depending on the alternative selected. Deliverable will
be plans, specifications, and cost estimates to prepare the
project for the construction phase.
60%
October 2024
EXHIBIT C: BUDGET
BUDGET ITEM
GRANT
AWARD
REQUEST
FINANCIAL LEVERAGE (not required)
LEVERAG
E TOTAL
TOTAL
(Grant +
Leverage)
SOURCE NAME
2020
CWM
2021
CWM
AMOUNT
STAFFING
$1,500
$543
$1,326
$1,869
$3,369
PROJECT SUPPLIES
COMMERCIAL SERVICES
AND CREW TIME
$298,500
$99,457
$198,674
$298,131
$596,631
TOTAL
$300,000
$100,000
$200,000
$300,000
$600,000
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