HomeMy WebLinkAbout22-161 - Contract - King County - Cooperative Watershed Management Grant: Gilliam Creek Fish Barrier Removal / Nelsen Side Channel / Riverton Creek Flapgate RemovalProject Names:
Pmject No. Gilliam Creek Fish 'Barrier Removal and .11.abitat .Enhancement
Project No. 2: .Nelsen Side Channel
Project No. 3: Riverton Creek Flapgate Removal
22-161
Council Approval 11/21/22
Award Numbers:
4.9.22.010
4.9.22.011
4.9.22.021
AGREEMENT FOR AWARD OF
COOPERATIVE WATERSHED MANAGEMENT GRANT FUNDS
BETWEEN THE CITY OF TIIKWILA 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, 2025.
Primary Contact for King County: Kim Harper, Grant Administrator, 206-477-6079,
Ki m.har er @ kin cou
Primary Contact for Recipient: Mike Perfetti.„ Surface Water Senior Project Manager, 206-550-
4930, Mike. serfetti Obtfikwi1a. ov.
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 a,greement. ('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 Distict s governing
body„ passed Resolution FCD 2021-12 on Noveinber 9. 2021,, authorizing, the King,
County executive or his designee to develop a,nd administer a gram award program of up
to $10,309,697 in 2022 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;
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 applications to its respective WRIA forum. or
committee for the '.Projects„ as described in .Exhibit A attached hereto and incorporated
herein by this reference, iind 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
Page 1 of 8
Pmject Names:
Pmject No. Gilliam Creek Fish 'Barrier Removal and .Habitat .Enhaneement
Project No. 2: .Nelsen Side Channel
Project No. 3: Riverton Creek Flapgate Removal
1.6
Award Numbers:
4.9.22.010
4.9.22.011
4.9.22.021
incorporated herein by this reference ("Grant Policies andProcedures")
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 .FCD2022-09. for funding up to the amount of $390,000 as follows: S250,000
for the Project .titled "Gilliam Creek Fish Barrier Removal and Habitat .Enhancement"
,
S 100,000 for the Project titled "Nelsen. Side Channel", and $40,000 for the ,Project titled
"Riverton Creek Fiapgate Removal";
1.7 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 R-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;
1.8 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 froi.n. the District in accordance with the Policies and Procedures., and the
Recipient will implement the Projects.
SECTION 2. AGREEMENT
2.1. The Recita.i.s 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 $390,000
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„
1.3. The Recipient represents and warrants that it will onlyuse the Award for the Scopes of
Work of this Agreement and in accordance with the Project Budgets, The kecipient 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 bclow.
2.4. Activities carried out fur these Projects and expenses incurredby 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 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 terns of this
Agreement; and 5) such activities and expenses do not occur prior to the date the grants
Page
Project Names:
Pm. lea No. t : Gilliam Creek Fish 'Barrier Removal and .Habitat .Enhaneement
Projeet No. 2: .Nelsen Side Channel
Project No. 3: Riverton Creek Flapgate Removal
Award Numbers:
4.9.22.010
4.9.22.011
4.9.22.021
were approved by. the District and reimbursements shall he paid to the .Recipient only
after this Agreement has beenfully executed.,
The Recipient shall invoice King County for incurred expenses or each project
separately 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.. 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 he allowed, in the discretion of King C.,ounty, for expenses anticipated to be
incurred in the. three months .following the date of submissionof 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. The amount of the advance may not
exceed 25% 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 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 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 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 ofexpenditures 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.,
Page ,3 of 8
Pmieet Names:
Pm. lea No. t : Gilliam Creek ..Fish 'Barrier Removal and FIahi.at Erilhancement
Projeet No. 2: .Nelsen Side Channel
Projeet No. 3: Riverton Creek Flapgate Removal
Award Numbers:
4.9.22.010
4.9.22.011
4.9.22.021
2.10. The Recipient shall retain all accounting records and project files relating to this
Agreement in accordance with criteria establishedby 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 s!.all .irriplement an appropriate monitoring
system or program to ensure compliance with this provision.
112. 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, except to
the extent that the claim arises from the negligent acts or omissions of King County and
the District.
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 shal.ibe binding upon and inure to the benefit of th.e 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 shal.ibe binding on any of the parties unless such.
amendment is in writing and is executed by th.c parties. 'The parties contem.plate that this
Agreement may frotntime to time he modified by written amendment which shall he
executed by duly authorized representatives of the parries and attached. to this A.greement.
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.
representati.ve.
Page 4 of 8
Pmject Names:
Pmject No. Gilliam Creek Fish 'Barrier Removal. and .Fiabitat .Enhancement
Projeet No. 2: .Nelsen Side Channel
Project No. 3: Riverton Creek Flapgate Removal
Award Numbers:
4.9.22.010
4.9.22.011
4.9.22.021
3.5. The Projects shad be completed by no later than. December 31, 2025. In the event that
the Projects are no1 completed by this date, King County has the discretion, but not the
obligation to terminate this Agreement and retain any unexpended Award tttrids,
3.6. This Agreement may be signed in multiple counterparts.
3.7. If any provision of this Agreement shal.ibe wholly or partially invalid or unenforceable
under applicable law., such provision will be ineffective to that extent only, without in any
way affecting the remainingparts or provision of this Agreement, and the remaining
provisions of this A.greement shall continue to be in effect.
3.8.
The amount of the Award has been 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:
By
Name
Title
Date
By
RECIPIENT:
eSienecl via SeamlessDocs.com
ffaw
Key: .607e26-e0e0-40e8.1e8E-353315c1
Name Allan Ekberg
Title Mayor
Date
12-23-2022
APPROVED AS TO FORM
eSlaaed SeyalleseDeaseeem
Office of the City Attorney
Page 5 of 8
Pmject Names:
Pmject No. Gilliam Creek Fish 'Barrier Removal. and .Habitat .Enhancement
Project No. 2: .Nelsen Side Channel
Project No. 3: Riverton Creek Flapgate Removal
EXHIBIT A: Project Descriptions
Award Numbers:
4.9.22.010
4.9.22.011
4.9.22.021
WRIA
Project
Recipient
Description
Leverage
Award
9
Gilliam Creek Fish
Barrier Removal
ard Habitat
Enhancement
City of
Tukovila
Tfl
Provide two years of maintenance of the Re-
green the Green handed revegetation portion
of the project that was completed in 2021.
$1,11000
$47,000
$17,032
$250,000
$100,000
$40,000
Nelsen Sde
Channel
9
Rivprtnn Crppk
Flapgate Removal
TOTALS
$1,225,032
$390,000
Project Locations:
Project No. 1: The project is llocated 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 tidallly influenced. The lower Green River watershed is characterized by
its Ilevee-restricted banks and massive warehousing district. The primary limiting factor for Chinook salmon
recovery in the lower Green is rearing habitat. The site has a harrow buffer of mixed vegetation, with a mature
cottonwood canopy; there are two llocal road stormwater outlets in the project area.
Project No. Z: I he project is located on the nght bank of the lower Green River at river mile 12.512,6, within the
highly developed Southcenter area of Tukwila. The project will improve mainstem edge habitat, off channel rearing
and restore adjacent riparian areas. This project Hes within the tidally -influenced reach of Puget Sound, but
upstream of the salt wedge. The lower Greer River watershed is characterized by its levee -restricted banks and
massive warehousing district. The primary limiting factors for Chinook salmon recovery in the lower Green are
rearing habitat and water quaiity, especially temperature. The site has a narrow buffer of mixed vegetation, with a
mature cottonwood canopy.
Project No. 3: 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.
Page 6 of 8
Project Names:
Project No. I.: Gilliam Creek Fish 'Barrier Removal and .11.abitat .Enhaneement
Project No. 2: .Nelsen Side Channel
Project No. 3: Riverton Creek Flapgate Removal
Award Numbers:
4.9.22.010
4.9.22.011
4.9.22.021
EXHIBIT B-1: Scope of Work for Gilliam Creek Fish Barrier Removal and Habitat Enhancement
Task Title
Task Description (Include Activities and Deliverables)
Estimated
Percent of
Grant Budget
Month/Year
Task will be
Completed
Task 1: Project
Administration
(Required)
ubmit reimbursement request forms, backup
documentation for billing, and progress reports at least
every 6 months. Submit a Fiscal Closeout forrn and a
Closeout Report form with the final reinibursement request.
%
ctober 202
Task 2:
Task 3:
Site survey and investigations
Concept Design
12%
5%
ecember 2022
March 2023
Task 4
Prelmninary Design/30%
2%
June 2023
Task 5:
60% Design
150/c
May 2.024
Task 6:
Design Permit Applications and Coordination
15%
June 2024
Task 7:
Task 8:
Stakeholder Coordination
90% Design
10%
21
January 2.025
January 2025
Task 9:
Final Design
10%
December 2025
EXHIBIT B-2: Scope of Work for Nelsen Side Channel
Task Title
Task Description (Include Activities and Deliverables)
Estimated
Percent of
Grant 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
2%
December 2025
Closeout Report form with the final reimbursement request.
Task 2:
Site analysis including survey, geatechnical, cultural,
hydrologic/hydraulic and critical area reports
15%
December 2023
Task 3:
Stakeholder coordination including property acquisitions,
stakeholder outreach and engagement
14%
September 2024
Task 4:
Preliminary design — including alternative designs, preferred
design and design development to 30%.
14%
March 2024
Task 5:
Plans, Specifications & Estimate — develop final project
plans, specifications and cost estimates with check -ins at
40%
September 2025
60% and 90% and 100%.
Task 6:
Permitting — develop permit application matenals and
supporting documents; hold a pre -application meeting and
coordinate with permitting agencies through the application
and approval process.
15%
July 2025
Page 7 of 8
Pmject Names:
Project No. Gilliam Creek Fish 'Barrier Removal and .Habitat .Enhancement
Projeet No. 2: .Nelsen Side Channel
Project No. 3: Riverton Creek Flapgate Removal
EXHIBIT B-3: Scope of Work for Riverton Creek Flapgate Removal
Award Numbers:
4.9.22.010
4.9.22.011
4.9.22.021
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 reinibursernent request.
5%
May 2025
Task 2:
Watering and weeding for 2 years: a contractor will weed
and water the restoration site for 2 years.
95%
March 2025
EXHIBIT C: Budget Summary
Budget Item
Staffing
Project Supplies
Grant Award Amount
Riverton Creek Totals
Flapgate Removal
Gilliam Creek Fish
Barrier Removal and
Habitat Enhancement
$10,000
Commercial Services & Crew
Time
Total
$240,000
Nelsen Side
Channel
$97,890
$6,852 $6,852
$31,355
$369,245
,0
Page 8 of 8
$100,000
1,000
$390,000