HomeMy WebLinkAboutTIS 2022-11-07 Item 2E - Grant Acceptance - King County Flood Control District Grant for Gilliam Creek and South 131st StreetCity of Tukwila
Aran Ekberg, Mayor
Prlbk Works Department - Harr Parrnekorrti, Director/City Engineer
INFORMATIONAL MEMORANDUM
TO: Transportation and Infrastructure Services Committee
FROM: Hari Ponnekanti, Public Works Director/ City Engineer
BY: Brittany Robinson, Public Works Grant Analyst
CC: Mayor Ekberg
DATE: November 4, 2022
SUBJECT: Surface Water Fund — Gilliam Creek and S 131st Street
Project No. 99830105, 91641204
King County Flood Control District Flood Reduction Grant Award
ISSUE
Accept a King County Flood Control District (KCFCD) Flood Reduction grant award to fund the Gilliam Creek Fish Barrier
Removal and S 131st Drainage Improvements projects.
BACKGROUND
Gilliam Creek Fish Barrier Removal
The project will 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.
S 131St Street Drainage Improvements
The primary goals of this project are to address local flooding of roadway and adjacent private properties and address
upstream issues that contribute to flooding, water quality concerns and present fish barriers and habitat degradation.
DISCUSSION
The City recently received notification that it was awarded the KCFCD Flood Reduction grant to fund design for both the
Gilliam Creek Fish Barrier Removal and S 131st Street Drainage Improvements projects. KCFCD provides funding to improve
the County's aging and inadequate flood protection facilities.
FISCAL IMPACT
The City has been awarded $350,000 from the KCFCD Flood Reduction grant. King County requires leverage to ensure that
there is full project funding. Leverage can come from other grant match and local City match. No City match will be required as
all match will come from other grant sources.
Project Grant Award Leverage Grant Match City Match
Gilliam Creek $250,000 $1,161,000 $1,161,000 $0
S 131st Street 100,000 127,720 127,720 0
Total $350,000 $1,288,720 $1,288,720 $0
RECOMMENDATION
Council is being asked to formally accept the King County Flood Control District Flood Reduction grant award in the amount of
$350,000 to fund the Gilliam Creek Fish Barrier Removal and S 131st Drainage Improvements projects and consider this item
on the Consent Agenda at the November 21, 2022 Regular Council Meeting.
Attachments: 2021 CIP Page 85, 89
Grant Contract
65
PROJECT:
DESCRIPTION:
JUSTIFICATION:
STATUS:
MAI NT. 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
°5
12.
\,r'
Project Location
: ,,
287
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Design
60
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SI
936
536
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1,937
Land (R/W)
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752
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1152
Construction
' ,
5,200
2,000
13 `thee Ill . ► /f/
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
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2021 - 2026 Capital Improvement Program
85
66
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2021 to 2026
PROJECT: S 131st Place Drainage Improvements Project No. 91641204
DESCRIPTION: Design and replace an existing 36" culvert under S. 131st PI. Raise the roadway approximately 18" and/or
provide a concrete wall or other means to keep Southgate Creek within its banks during storm events.
JUSTIFICATION: Southgate Creek overtops its bank several times per year during storm events and runs through private
property. Debris is deposited within a private driveway and storm system.
STATUS: Maintenance is performed annually on the creek to remove excess sedimentation to reduce the likelihood
of flooding.
MAINT. IMPACT: Reduce the frequency of stream sediment removal and storm cleanup.
COMMENT: Project will require an HPA. Will consider combining with a future overlay project to reduce overall costs.
A grant request for $200K was submitted to the KCFCD in 2020.
FINANCIAL Through Estimated
(in $000's)
2019 2020 2021
2022
2023
2024
2025
2026
BEYOND TOTAL
EXPENSES
Project Location
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100
150
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250
Land (R/W)
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150
•
150
Construction
850
1
850
TOTAL EXPENSES
0
100
150
1,000
0
0
0
0
0
1,250
FUND SOURCES
Awarded Grant
0
Proposed Grant
100
150
250
Mitigation Actual
0
Mitigation Expected
0
City Oper. Revenue
0
100
50
850
0
0
0
0
0
1,000
TOTAL SOURCES
0
100
150
1,000
0
0
0
0
0
1,250
2021 - 2026 Capital Improvement Program
89
67
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2021 - 2026 Capital Improvement Program
89
67
Project Name: Award Number:
Project No. 1: Gilliam Creek Fish Passage and Habitat Enhancement 4.22.35
Project No. 2: S 131st Street Drainage Improvements /DUW 19- Southgate Creek Restoration 4.22.49
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, 2025.
Project Contacts:
Contact for King County: Kim Harper, Grant Administrator, 206-477-6079,
Kim.harper@kingcounty.gov.
Primary Contact for Recipient: Mike Perfetti, Surface Water Senior Program Manager, 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 9, 2021, the Board passed
Resolution FCD2021-12, which authorized an allocation of $12,000,000 from the
District's 2022 budget to fund flood reduction projects; and
1.4 Whereas, on October 11, 2022, the District's Board of Supervisors passed Resolution
FCD2022-12, 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
Page 1 of 7
68
Project Name: Award Number:
Project No. 1: Gilliam Creek Fish Passage and Habitat Enhancement 4.22.35
Project No. 2: S 131st Street Drainage Improvements /DUW 19- Southgate Creek Restoration 4.22.49
1.6 Whereas, the Recipient submitted an application to receive funds for projects to be
funded by the Flood Reduction Grant Program; and
1.7 Whereas the District's Board of Supervisors approved funding of Recipient's application
for the projects ("Projects"), as described in Attachment A to Resolution FCD2022-12 in
the amount of $350,000 ("Award") as follows: $250,000 for the Project titled "Gilliam
Creek Fish Passage and Habitat Enhancement", and $100,000 for the Project titled "S
131st Street Drainage Improvements /DUW 19- Southgate Creek Restoration"; 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 Scopes of Work, attached hereto and
incorporated herein as Exhibit B-1 and B-2, collectively referred to as_"Scopes of Work",
and the Budgets, 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 FCD2022-12, and the Grant
Policies and Procedures, and under which 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 pay the Award amount to Recipient in the total amount of
$350,000 from District funds. The Award shall be used by the Recipient solely for the
performance of the Projects, as described in Exhibit A to this Agreement. Exhibit A,
attached hereto and incorporated herein by this reference, contains a description of the
Projects as described in Attachment A to Resolution FCD2022-12. 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 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 Scopes 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
Page 2 of 7
69
Project Name: Award Number:
Project No. 1: Gilliam Creek Fish Passage and Habitat Enhancement 4.22.35
Project No. 2: S 131st Street Drainage Improvements /DUW 19- Southgate Creek Restoration 4.22.49
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 Scopes 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 Budgets of this
Agreement; 4) the activities occur after the District passes a resolution approving an
award for the Projects; 5) such activities and expenses otherwise comply with all
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 for each project using the
Request for Payment form and Progress Report form, or online equivalents to these forms
upon the County's implementation of an online reporting database, for those documented
and allowable expenses identified in the Budgets and according to the rules set forth in
the Grant Policies and Procedures. 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 and backup documentation of claimed expenses 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 Scopes 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 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
report may be submitted on the Closeout Report form, or online equivalent to this form
upon the County's implementation of an online reporting database. Each final report
shall include a summary of each 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.
Page 3 of 7
70
Project Name: Award Number:
Project No. 1: Gilliam Creek Fish Passage and Habitat Enhancement 4.22.35
Project No. 2: S 131st Street Drainage Improvements /DUW 19- Southgate Creek Restoration 4.22.49
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
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 Projects
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
Page 4 of 7
71
Project Name: Award Number:
Project No. 1: Gilliam Creek Fish Passage and Habitat Enhancement 4.22.35
Project No. 2: S 131st Street Drainage Improvements /DUW 19- Southgate Creek Restoration 4.22.49
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 December 31, 2025. 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 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 7
72
Project Name: Award Number:
Project No. 1: Gilliam Creek Fish Passage and Habitat Enhancement 4.22.35
Project No. 2: S 131st Street Drainage Improvements /DUW 19- Southgate Creek Restoration 4.22.49
EXHIBIT A: PROJECT DESCRIPTION
PROJECT NAME
RECIPIENT
DESCRIPTION
LEVERAGE
AWARD
Gilliam Creek
Fish Passage and
Habitat
Enhancement
City of
Tukwila
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.
$600,000
$250,000
S 131st Street
Drainage
Improvements
/DUW 19
Southgate Creek
Restoration
Southgate Creek overtops its banks approximately twice
annually and flows down a private driveway resulting in
flooding, debris cleanup, and minor property damage.
The scope of the design work will be to analyze options
and develop a design that would replace an undersized
48" culvert under S. 131St Street and potentially raise the
roadway. In addition, the City will analyze upstream
conditions to identify sources of sedimentation and
erosion that contribute to flooding issues within the S
131' Street project area; this effort will also identify
conveyance, fish passage, water quality and habitat issues
and develop a project list that will improve conditions
within Southgate Creek.
$327,720
$100,000
TOTALS
$927,720
$350,000
EXHIBIT B-1: Scope of Work for Gilliam Creek Fish Passage and Habitat Enhancement
TASKS
ACTIVITIES AND DELIVERABLES
APPROX.
PERCENT OF
AWARD
REQUEST
MONTH/YEAR
TASK WILL BE
COMPLETED
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%
December
2025
Task 2:
Permitting
The City will hire a professional design consulting team to
execute permitting for the preferred alternative up to 100%
design. Deliverables will be the permits for design and
construction.
39%
March 2025
Task 3: Design
The City will hire a professional design consulting team to
execute design for the preferred alternative up to 100% design.
Deliverable will be plans, specifications, and cost estimates to
prepare the project for the construction phase.
60%
December
2025
Page 6 of 7
73
Project Name: Award Number:
Project No. 1: Gilliam Creek Fish Passage and Habitat Enhancement 4.22.35
Project No. 2: S 131st Street Drainage Improvements /DUW 19- Southgate Creek Restoration 4.22.49
EXHIBIT B-2: Scope of Work for S 131st Street Drainage Improvements /DUW 19- Southgate
Creek Restoration
TASKS
ACTIVITIES AND DELIVERABLES
APPROX.
PERCENT OF
AWARD
REQUEST
MONTH/YEAR
TASK WILL BE
COMPLETED
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.
5%
December
2025
Task 2: Design
& Permitting
Design and permitting for the S 131' Street drainage project.
Deliverables will include site survey, studies and reports;
alternative analysis, permitting, and 30%, 60%, 90% plans,
specifications and estimate.
65%
December
2024
Task 3:
Analysis
Watershed -scale analysis identifying urban stream issues related
to flooding, flow, erosion, water quality, habitat and fish
passage. Develop a report and prioritized list of potential
projects.
30%
December
2025
EXHIBIT C: BUDGET
Budget Item
Grant Award Amount
Gilliam Creek Fish
Passage and Habitat
Enhancement
S 131st Street Drainage
Improvements /DUW 19 -
Southgate Creek
Restoration
Totals
Staffing
$5,000
$2,500
$7,500
Commercial Services & Crew Time
$95,000
$247,500
$342,500
Total
$100,000
$250,000
$350,000
Page 7 of 7
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