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Home My WebLink About12-151 - King County Flood Control District - Duwamish Gardens Grant 12-151 (b) Council Approval N/A AMENDMENT TO GRANT AWARD Project Name: Duwamish Gardens Construction (Year 2) Recipient: City of Tukwila Agreement No.: 4.9.13.001 Address: 6300 Southcenter Boulevard, Suite 100 Amendment Date: 1/14/2016 Tukwila, WA 98188 Amendment No.: 2 AMENDMENT REQUESTED BY: AMENDMENT WRITTEN BY: Name: Mike Perfetti Name: Kim Harper Title: Tukwila Habitat Project Manager Title: King County WLR Grant Administrator AMENDMENT EFFECTS: ❑ Change of Scope ❑ Distribution of Funds Among Tasks 11 Time of Performance—Changes end-date of agreement and due dates of deliverables ❑ Compensation ❑ Terms and Conditions ❑ Results of Services NOTE: The original agreement number was 9.12.006. A new agreement number (4.9.13.001) was assigned with Amendment 1 to differentiate between construction years. The additional funds and expanded scope of work were included under this new agreement number. Amendment 2 revises the scope of work from Amendment 1 and sets a new end-date for the project. Change #1: READS: This Agreement shall be in effect from the date of execution to December 31, 2015. TO READ: This Agreement shall be in effect from the date of execution to January 31, 2017. Change #2 READS: Section 3.5:The Project shall be completed by no later than December 31, 2015. TO READ: Section 3.5: The Project shall be completed by no later than January 31, 2017. d e72 e/6//VAS Change #3 READS: EXHIBIT B: SCOPE OF WORK .1 4. TASK ,DESCRIPTION AWARD SHARE f cONINIA i TION DATE The City will ovmee all aspect5 of the Project, hire and oversee the work of •consultants and contractors to ensure that scope of work elements are cwried 9/1/2012- Project out as described below 12/31/2015 Marl 4 ment DELIVEPA8Lt: A record of staff time charged to the Protect 5 , OD 2015 The Consonant contract to manage and in5Pect astru a activities balVERANIS: • A copy of the Oui• executed coritract 'agreement between the consultarit hired for the Project 'and the City Construction • A copy of the duly executed contract agreement betweerf the constnction W1/2014- Elul nett ing ... cOn tractor a the tit'? of Tukwila hereafter the toritract. 105,00 2/31/2015 • Development of a cultural resources plan • Construction monitoring and data recovery if required As follows: Data ricovery plan will outline, how the City of Tukwila plans to investigate Cultural the site to ,d etermhle if archeological resources are present and if so, their 9/112012- or approximate location and depth, Excavate a serias of trenche.s where 298,000 9/1/2015 TASK DESCRIPTION AWARD SHARE _ COMM- TION DATE archeologists can observe the trench sides for sedimentation layering and sieve the excavated material for artifacts. This information is used by the project designers to determine if they can avoid impacts to the cultural resources, and If not, will allow them to determine the quantity and types of artifacts that are anticipated during excavation. DELIVERABLES: A copy of the recovery plan • Contract with king County for real estate acquisition services • Obtain approval from various granting agencies • Exchange properties • Apply restrictive covenant to the Record of Deed DELIVERABLES: • Interlocal Agreement with KC for Acquisition • Land Official Record of Deed for Parcel f1(s) naming the City as the property owner with title. The title shall include the following restriction: Property title shall include a covenant' that shall say: The acquisition of the property herein conveyed WCs funded in part by a Cooperative Watershed Management grant authorized under RCW 86.15.035, and therefore shotl not be used in any manner Inconsistent with the purposes specified In RCW 86.15.035. This restriction shall run with the fond and shot! be binding upon Grantee, its successors in interest, assigns, and upon any person acquiring the property, or onyportion thereof, or any interest therein, including leasehold interest, whether by operation of law or otherwise. In the event of such acquisition by any person or entity, King County hereby reserves the right to enforce this 9/1/2013- Excha age restriction against such person or entity to thefull extent allowed by low. 87,240 6/1/2014 Contractor mobllitation DELIVERABLE: Release of payment by the City upon evidence provided by 6/12014- Mobilization contractor 50,000 9/1/2015 Traffic control for work within East Marginal Way 5. Traffic DELIVERABLE: Copy of field verification by City of work completion according 6/1/2014 - Control to the Contract design specifications 30.000 10/1/2015 • Removal of Exxisting structures including foundations, driveways, underground storage tanks, and other site debris as follows: Remove five structures including a barn (2,000 Ft.2), two houses (1820 Ft.2, 2,200 Ft.2), a bunk house (500 Ft.2), and an outbuilding (4,000 Ft.2) located on Parcels 1023049060, 1023049055 and 1023049071 • Removal of required vegetation Demolition DELIVERABLE: Copy of field verification by City of work completion according to 1/112014 - and Clearing the Contract design specifications _ 120,000 8/1/2014 Temporary • Site sediment and erosion control Sedirnentatio • Slit curtain for In water work. n & Erosion DELIVERABLE: Copy of field verification by City of work completion according 6/1/2014 - Control to the Contract design specifications - 22,656 10/1/2015 • Excavation of site materials to be removed, relocated, or capped • Material haul of site and disposal Including contaminated soils • Contaminated Soils monitoring • Providing soli amendments As follows: o Remove and dispose of approximately 5,000 CY of material that will require special handling and disposal. Excavate soil down to a maximum of 4 feet where needed when it contains detectable levels 6/112014 - Grading of PAHs below or above the threshold fora MICA Method A cleanup. 117,000 12131/2015 TASK DESCRIPTION AWARD SHARE COMPLi- TON DATE Remove apprrximatety 35,000 CY of material from the center of the site and adjacent to the r :warni h River to estabiish 1.0 acres of Shallow water mud flat and xna:alt-habitat end 1.0 acre of restored riparian area OELIVERM3LEt Copy offield verification by City of work completion according to the Contract design specifications • Construct o site parking area Coalstrtictsiciewalks along E' INS Pa:*iaing and DELIVERABLE: Copy of field verification by City cif v;ark completion a rtfi g 6/1./2014 Sidewalks to the ,Contract design specfi#rltaoilti 85,823 10/1/2015 Trails and • Construction of pedeStriari trails, , gathering ar as, interpretive s{E: s and' art work. athering EtIVERABiEi Copy of field verification by City. of work compfetioti atcor i ng 6/1/2014 - A' xas to the Contract design specifications 3 ,6 9 1 /1/2015 : a • ;iMtailing onsite storm water conveyance, treatrnent• a id deter . n, • Protettinga adjusting and relocating existing utilities. 0EINERA.6LE. Copy of field verification by City or'v:.)rk ompletion according • 6/1/2014- Utilities so the Contract •des' g a 3 eci.fications 32,.578, .10/112015 • installing so 1 amendments • installing permanent and temporary irrigation systems • Planting rnar. b • Planting uplands • Permanent vegetative. erosioncotatroi t r • DEtIVERABLEi Copy of field verification by City of wiork coripl :tion 6/1/20141- Plpi'rtir,E; according to the. Contract design sti cifications 130,000 10I1/2015 • t.fl T' • Woody debris • 0ou.ders iilabitat DELIVERA'$LE Copy of field verification Eby City of oir.ork comp lion according Structures res t4 the Contract design specifications clations �' 0 16/1!2)014 10/1/2015 • ,park benches • bike rack, • trash receptacle • habitat protection fence . t£ik and park signs Park DEUVERABLE_ Copy of field vierification by City of work corepletion according. 1/3/2015 - Amenities to the Contract design specifications 103,638 A001/201,S following permits wili be secured for this P e jec: • Aquatic lands Use Authorization `ONP; rih , • SEPA, Shoreline grading, and Building - City on Tv 'ila • Cultiiiral Assessment; Section 106 - Dredge Permit, US Army Corps, • Hydraulic Project Approval -- Washington ngton F :sh ano W idhi' . • Endangered Species Act Compliance - Part of federal permitting f USACOE rEtvIA + ua:4; 'a- Pei7rltQ >4 Newspaper articles and riaterprebive signs will acknowledge the various funding Ac°s,xiowledgin art er's that contributed to the acquisition, design; and construction of the -:` eat prvect, ' final' Repo'; Submit a final report and the financial closeout doCunleritat3on. Cannot be ratertflan 30 days after the end date of the project. ti. kb TO READ: EXHIBIT B: SCOPE OF WORK TASK DESCRIPTION AWARD SHARE COMPLE- TION DATE Project The City will oversee all aspects of the Project, hire and oversee the work of 50,000 9/1/2012 - Management consultants and contractors to ensure that scope of work elements are carried out as described below 12/31/2016 DELIVERABLE: A record of staff time charged to the Project Construction The Consultant contract to manage and inspect construction activities 105,000 7/1/2015 - Engineering DELIVERABLES: 12/31/2016 A copy of the duly executed contract agreement between the consultant hired for the Project and the City A copy of the duly executed contract agreement between the construction contractor and the City of Tukwila hereafter, the Contract. Cultural Development of a cultural resources 298,000 9/1/2012 - Investigation plan 6/1/2016 Construction monitoring and data recovery if required As follows: Data recovery plan will outline how the City of Tukwila plans to investigate the site to determine if archeological resources are present, and if so, their approximate location and depth. Excavate a series of trenches where archaeologists can observe the trench sides for sedimentation layering and sieve the excavated material for artifacts. This information is used by the project designers to determine if they can avoid impacts to the cultural resources, and if not, will allow them to determine the quantity and types of artifacts that are anticipated during excavation. DELIVERABLES: A copy of the recovery plan Land Contract with King County for real estate acquisition services 87,240 9/1/2013 - Exchange Obtain approval from various granting agencies 12/31/2016 Exchange properties Apply restrictive covenant to the Record of Deed DELIVERABLES: Interlocal Agreement with KC for Acquisition Official Record of Deed for Parcel # (s) naming the City as the property owner with title. The title shall include the following restriction: Property title shall include a covenant that shall say: The acquisition of the property herein conveyed was funded in part by a Cooperative Watershed Management grant authorized under RCW 86.15.035, and therefore shall not be used in any manner inconsistent with the purposes specified in RCW 86.15.035. This restriction shall run with the land and shall be binding upon Grantee, its successors in interest, assigns, and upon any person acquiring the property, or any portion thereof, or any interest therein, including leasehold interest, whether by operation of law or otherwise. In the event of such acquisition by any person or entity, King County hereby reserves the right to enforce this restriction against such person or entity to the full extent allowed by law. Mobilization Contractor mobilization 50,000 6/15/2015 - DELIVERABLE: Release of payment by the City upon evidence provided by contractor 12/31/2016 Traffic Control Traffic control for work within East Marginal Way S. 1 DELIVERABLE: Copy of field verification by City of work completion according to the Contract design specifications 30,000 4 6/15/2015 - 10/31/2016 Demolition and Clearing Removal of Existing structures including foundations, driveways, underground storage tanks, and other site debris as follows: 120,000 6/15/2015 - 8/1/2015 Remove five structures including a barn (2,000 Ft.2), two houses (1820 Ft.2, 2,200 Ft.2), a bunk house (500 Ft.2), and an outbuilding (4,000 Ft.2) located on Parcels 1023049060, 1023049055 and 1023049071 Removal of required vegetation DELIVERABLE: Copy of field verification by City of work completion according to the Contract design specifications Temporary Site sediment and erosion control 22,656 6/15/2015 - Sedimentation Silt curtain for in water work. 9/15/2016 & Erosion Control DELIVERABLE: Copy of field verification by City of work completion according to the Contract design specifications Grading Excavation of site materials to be removed, relocated, or 117,000 6/15/2015 - capped Material haul of site and disposal including contaminated soils Contaminated Soils monitoring 8/31/2016 Providing soil amendments As follows: o Remove and dispose of approximately 5,000 CY of material that will require special handling and disposal. Excavate soil down to a maximum of 4 feet where needed when it contains detectable levels of PAHs below or above the threshold for a MTCA Method A cleanup. o Remove approximately 35,000 CY of material from the center of the site and adjacent to the Duwamish River to establish 1.0 acres of shallow water mudflat and marsh habitat and 1.0 acre of restored riparian area DELIVERABLE: Copy of field verification by City of work completion according to the Contract design specifications Parking and Construct onsite parking area 85,829 6/1/2016 - Sidewalks Construct sidewalks along EMWS. 10/31/2016 DELIVERABLE: Copy of field verification by City of work completion according to the Contract design specifications Trails and Construction of pedestrian trails, gathering areas, interpretive signs and 32,659 6/1/2016 - Gathering art work 10/31/2016 Areas DELIVERABLE: Copy of field verification by City of work completion according to the Contract design specifications Utilities Installing onsite storm water conveyance, treatment and 32,978 6/1/2015 - detention, Protecting, adjusting and relocating existing utilities. 10/31/2016 DELIVERABLE: Copy of field verification by City of work completion according to the Contract design specifications Plantings Installing soil amendments 130,000 5/1/2016 - Installing permanent and temporary irrigation systems 10/31/2016 Planting marsh Planting uplands Permanent vegetative erosion control DELIVERABLE: Copy of field verification by City of work completion according to the Contract design specifications Habitat Logs 0 4/1/2016- Structures Snags 10/31/2016 Woody debris Boulders DELIVERABLE: Copy of field verification by City of work completion according to the Contract design specifications Park Park 103,638 6/1/2016- Amenities benches 10/31/2016 bike rack, trash receptacle habitat protection fence Kiosk and park signs DELIVERABLE: Copy of field verification by City of work completion according to the Contract design specifications Permits The following permits will be secured for this Project: Aquatic Lands Use Authorization—DNR; SEPA,Shoreline,grading,and Building —City of Tukwila; Cultural Assessment;Section 106-Dredge Permit, US Army Corps; Hydraulic Project Approval—Washington Fish and Wildlife Endangered Species Act Compliance—Part of federal permitting (USACOE,FEMA) Acknowledg- Newspaper articles and interpretive signs will acknowledge the various funding ment partners that contributed to the acquisition,design,and construction of the project. Final Report Submit a final report and the financial closeout documentation.Cannot be later than 30 days after the end date of the project. IN WITNESS HEREOF, THE PARTIES HERETO HAVE CAUSED THIS AMENDMENT TO BE EXECUTED AND INSTITUTED ON THE DATE WRITTEN ABOVE. King Coun , as id on RECIPIENT By By i.,44 ( Title r C!9 Lre+ Title At ..- & -C t'c� � /� �J i U Date Z Date ru rat i )(,„ AMENDMENT • AGREEMENT ❑ SCOPE OF WORK Project Name: Duwamish Gardens Construction Recipient: CITY OF TUKWILA Address: Tukwila City Hall 6200 Southcenter Blvd. Tukwila, WA 98188 C// 12- 151(a) � frACT Council Approval 11/18/13 AMENDMENT REQUESTED BY Ken Pritchard Name Grant Admistrator Title Agreement No.: 9.12.006 Amendment Date : 10/28/13 Amendment No.: 1 AMENDMENT EFFECTS ® Change of Scope ❑ Method of Payment ▪ Time of Performance ® Compensation ❑ Terms and Conditions • Results of Services ❑ Other FIRST CHANGE READS: This Agreement is made between King County, a municipal corporation, and City of Tukwila (referred to herein as "Recipient "), for the purposes set forth herein. This Agreement shall be in effect from the date of execution to December 31, 2014. TO READ: This Agreement is made between King County, a municipal corporation, and City of Tukwila (referred to herein as "Recipient "), for the purposes set forth herein. This Agreement shall be in effect from the date of execution to December 31, 2015. SECOND CHANGE TO ADD: TO SECTION 1.3: And Whereas, the Board of Supervisors of the District, the District's governing body, passed Resolution FDC 2012.11.2 on October 29, 2012, authorizing the King County executive or his designee to develop and administer a grant award program of up to $3,150,000 in 2013 for water quality and water resources and habitat restoration and management projects and activities allocated in the amounts of $1.2 million for WRIA 8, $1.2 million for WRIA 9, $600,000 for the Snoqualmie f 51 t2.- /716//1/1 -C- PAGE 1 OF 7 Watershed and $150,000 for WRIA 10 projects in King County, provided that the project list is approved by the District executive committee; THIRD CHANGE READS: SECTION 1.6: Whereas the District's Executive Committee has received a list of proposed projects that includes the Project, as described in Exhibit A attached hereto and incorporated herein by this reference, and the Executive Committee has approved the Project for funding up to the amount of $500,000.00; TO READ: SECTION 1.6: Whereas the District's Executive Committee has received a list of proposed projects that includes the Project, as described in Exhibit A attached hereto and incorporated herein by this reference, and the Executive Committee has approved the Project for funding up to the amount of $1,265,000.00 combining the 2012 Award with the 2013 Award. FOURTH CHANGE READS: SECTION 2.2: King County agrees to award the Recipient an award in the total amount of $500,000.00 from District funds (the Award). The Award shall be used by the Recipient solely for the performance of the Project, as described in Exhibit A of this Agreement. King County shall pay the Recipient in accordance with the Grant Policies and Procedures TO READ: SECTION 2.2: King County agrees to award the Recipient an award in the total amount of $1,265,000.00 from District funds (the Award). The Award shall be used by the Recipient solely for the performance of the Project, as described in Exhibit A of this Agreement. King County shall pay the Recipient in accordance with the Grant Policies and Procedures FIFTH CHANGE READS: SECTION 3.5: The Project shall be completed by no later than December 31, 2014. TO READ: SECTION 3.5: The Project shall be completed by no later than December 31, 2015. SIXTH CHANGE ADD: EXHIBIT A: Project Description WRIA APPLICANT PROJECT DESCRIPTION AWARD MATCH 9 City of Tukwila Duwamish Gardens Construction (Year 2) Construct off- channel fish habitat, riparian plantings, and minor park elements on a 2.16 acre site owned by the City of Tukwila. This project will create approximately one acre of shallow water juvenile salmonid habitat in the Duwamish sub - watershed transition zone. $765,000 $1,213,540 SEVENTH CHANGE READS: EXHIBIT B: SCOPE OF WORK PAGE 2 OF 7 Activity Description Deliverables Timeline Share of award 1 Project City of Tukwila will oversee all aspects of the Project, hire and oversee 2012- 15,000 PAGE 2 OF 7 TO READ: EXHIBIT B: SCOPE OF WORK TASK Management the work of consultants and contractors to ensure that scope of work elements are carried out as described below. 2014 The City will oversee all aspects of the Project, hire and oversee the work of Remove Remove five structures including a barn (2,000 Ft.2), two houses (1820 Ft.2, 2,200 Ft.2), a bunk house (500 Ft.2), and an outbuilding (4,000 2012- consultants and contractors to ensure that scope of work elements are carried 2 structures Ft.2) located on Parcels 1023049060, 1023049055 and 1023049071 2013 70,000 12/31/2015 Plan for and remove contaminated Remove and dispose of approximately 5,000 CY of material that will require special handling and disposal. Excavate soil down to a maximum of 4 feet where needed when it contains detectable levels of 2012- 2015 3 soils PAHs below or above the threshold for a MTCA Method A cleanup. 2014 117,000 DELIVERABLES: Plan for and complete all necessary data recovery for archeological Data recovery plan will outline how the City of Tukwila plans to investigate the site to determine if archeological resources are present, and if so, their approximate location and depth. Excavate a series of trenches where archeologists can observe the trench sides for sedimentation layering and sieve the excavated material for artifacts. This information is used by the project designers to determine if they can avoid impacts to the cultural resources, and if not, will allow them to determine the quantity and types of artifacts that are anticipated 2012- • A copy of the duly executed contract agreement between the consultant hired for the Project and the City 4 artifacts during excavation. Submit plan to King County as a deliverable. 2014 298,000 6/1/2014 - Excavate and grade site and restore it into a Remove approximately 55,000 CY of material from the center of the site and adjacent to the Duwamish River to establish 1.3 acres of shallow water mudflat and marsh habitat and 0.8 acre of restored 105,000 12/31/2015 5 shallow marsh riparian area. 2014 0 • Construction monitoring and data recovery if required Credit the King County Flood Provide proper credit as provided by King County for funding this project by the following needs as applicable: On -site signage, consumable printed materials such as flyers, brochures, etc, press releases, electronic postings such as web sites, electronic newsletters 2012- As follows: 6 Control District and reports. 2014 0 Prepare and the site to determine if archeological resources are present, and if so, their 9/1/2012 - Investigation submit Final 298,000 December 7 Report Final report shall follow the format of Exhibit E 31, 2014 0 $500,000 TO READ: EXHIBIT B: SCOPE OF WORK TASK DESCRIPTION AWARD SHARE COMPLE- TION DATE The City will oversee all aspects of the Project, hire and oversee the work of consultants and contractors to ensure that scope of work elements are carried 9/1/2012 - Project out as described below 12/31/2015 Management DELIVERABLE: A record of staff time charged to the Project 50,000 2015 The Consultant contract to manage and inspect construction activities DELIVERABLES: • A copy of the duly executed contract agreement between the consultant hired for the Project and the City Construction • A copy of the duly executed contract agreement between the construction 6/1/2014 - Engineering contractor and the City of Tukwila hereafter, the Contract. 105,000 12/31/2015 • Development of a cultural resources plan • Construction monitoring and data recovery if required As follows: Data recovery plan will outline how the City of Tukwila plans to investigate Cultural the site to determine if archeological resources are present, and if so, their 9/1/2012 - Investigation approximate location and depth. Excavate a series of trenches where 298,000 9/1/2015 PAGE 3 OF 7 TASK DESCRIPTION AWARD SHARE COMPLE- TION DATE archeologists can observe the trench sides for sedimentation layering and sieve the excavated material for artifacts. This information is used by the project designers to determine if they can avoid impacts to the cultural resources, and if not, will allow them to determine the quantity and types of artifacts that are anticipated during excavation. DELIVERABLES: A copy of the recovery plan • Contract with King County for real estate acquisition services • Obtain approval from various granting agencies • Exchange properties • Apply restrictive covenant to the Record of Deed DELIVERABLES: • Interlocal Agreement with KC for Acquisition • Official Record of Deed for Parcel # (s) naming the City as the property owner with title. The title shall include the following restriction: Property title shall include a covenant that shall say: The acquisition of the property herein conveyed was funded in part by a Cooperative Watershed Management grant authorized under RCW 86.15.035, and therefore shall not be used in any manner inconsistent with the purposes specified in RCW 86.15.035. This restriction shall run with the land and shall be binding upon Grantee, its successors in interest, assigns, and upon any person acquiring the property, or any portion thereof, or any interest therein, including leasehold interest, whether by operation of law or otherwise. In the event of such acquisition by Land any person or entity, King County hereby reserves the right to enforce this 9/1/2013 - Exchange restriction against such person or entity to the full extent allowed by law. 87,240 6/1/2014 Contractor mobilization DELIVERABLE: Release of payment by the City upon evidence provided by 6/12014 - Mobilization contractor 50,000 9/1/2015 Traffic control for work within East Marginal Way S. Traffic DELIVERABLE: Copy of field verification by City of work completion according 6/1/2014 - Control to the Contract design specifications 30,000 10/1/2015 • Removal of Existing structures including foundations, driveways, underground storage tanks, and other site debris as follows: Remove five structures including a barn (2,000 Ft.2), two houses (1820 Ft.2, 2,200 Ft.2), a bunk house (500 Ft.2), and an outbuilding (4,000 Ft.2) located on Parcels 1023049060, 1023049055 and 1023049071 • Removal of required vegetation Demolition DELIVERABLE: Copy of field verification by City of work completion according to 1/1/2014 - and Clearing the Contract design specifications 120,000 8/1/2014 Temporary • Site sediment and erosion control Sedimentatio • Silt curtain for in water work. n & Erosion DELIVERABLE: Copy of field verification by City of work completion according 6/1/2014 - Control to the Contract design specifications 22,656 10/1/2015 • Excavation of site materials to be removed, relocated, or capped • Material haul of site and disposal including contaminated soils • Contaminated Soils monitoring • Providing soil amendments As follows: o Remove and dispose of approximately 5,000 CY of material that will require special handling and disposal. Excavate soil down to a maximum of 4 feet where needed when it contains detectable levels 6/1/2014 - Grading of PAHs below or above the threshold fora MTCA Method A cleanup. 117,000 12/31/2015 PAGE 4 OF 7 TASK o AWARD COMPLE- SHARE TION DATE Remove approximately 35,000 CY of material from the center of the site and adjacerit to the Duwamish River to establish 1.0 acres of shallow water mudflat and marsh habitat and 1.0 acre of restored riparian area DELIVERABLE: Copy of field verification by City of work completion accordirig to the Contract design specifications Parking and Sidewalks • Construct onsite parking area • Construct sidewalks along E/NW3. DELIVERABLE: Copy of field verification by City of work completion according to the Contract design specifications 6/1/2Ol4- 85,829 10/1/2015 Trails and Gathering Areas • Construction of pedestrian trails, gathering areas, interpretive signs and art work DELIVERABLE: Copy af field verification by City of work completion according to the Contract design specifications 6/1/20I4- 32'659 10/1/20I5 Utilities • Installing onsite storm water conveyance, treatment and detention, • Protecting, adjusting and relocating existing utilities. DELIVERABLE: Copy of field verification by City of work completion according to the Contract design specifications 6/1/2O14 32,978 I0/1/20I5 Plantings • Installing soil amendments • Instalflng permanent and temporary rrigation systems • Planting marsh • Planting uplands • Permanent vegetative erosion control • DELIVERABLE: Copy of field verification by City of work completion according to the Contract design specifications 6/l/2Ol4- 130,000 10/1/2015 Habitat Structures • Logs • Snags • Woody debris • Boulders DELIVERABLE: Copy of field verification by City of work completion according to the Contract design specifications 6/1/2Ol4- 0 10/1/2015 Park Amenities • Park benches • bike rack, • trash receptacle • habitat protection fence • Kiosk and park signs DELIVERABLE: Copy of field verification by City of work completion according to the Contract design specifications The following permits will be secured for this Project: • Aquatic Lands Use Authorization — DNR; • SEPA' Shoreline, grading, and Building — City ofTukwila; ° Cultural Assessment; Section 106 Dredge Permit, US Army Corps; • Hydraulic Project Approval — Washington Fish and Wildlife • Endangered Species Act Compliance — Part of federal permitting (USACOE, FEMA) Permits Acknowledgm ent Newspaper articles and interpretive signs will acknowledge the various funding partners that contributed to the acquisition, design, and construction of the project. Final Report Submit a final report and the financial closeout documentation. Cannot be later than 30 days after the end date of the project. 03,638 10/1/2015 PAGE 5 OF 7 TASK DESCRIPTION AWARD SHARE COMPLE- TION DATE Total SHARE OF AWARD $1,265,000 185 EIGHTH CHANGE READS: EXHIBIT C: BUDGET BUDGET ITEM OTHER GRANT FUNDS/MATCH REQUEST (Source and Status) Various sources ($860,280) COST BASIS FOR CALCULATING AMOUNT Salaries & benefits 15,000.00 Consultant service 185 hrs X $81.24 for project mgmt. Project supplies, materi equipment Commercial services (e.g., printing, back hoeing) 485,000.00 860,280.00 Transportation Office expenses (broken down unless requesting a blanket overhead rate) Real estate-related costs Other costs Subtotal GRAND TOTAL See Budget Details table BUDGET DETAILS ITEM QY UNIT UNIT COST TOTAL SHARE OF AWARD Personnel costs 185 hrs 81.24 15,000 15,000 Cultural/Historic Investigations & Plan 1 LS 90,000 90,000 90,000 Artifact Curating 1 8,000 8,000 8,000 Contaminated Soil Removal ................. .. 1 LS 172,180 172,180 117,000 Cultural/Historic Data Recovery 1 Site 400,000 $400,000 200,000 Material Excavation (Excavators & Operator) 55,000 CY 3.2 176,000 0 Material Haul Off Site (Trucks, Operator and Fuel) 55,000 CY 7.62 419,100 0 Existing Structure Demolition 1 LS 80,000 80,000 70,000 $1,360,280.00 $500,000 PAGE 6 OF 7 TO READ: EXHIBIT C: BUDGET IN WITNESS HEREOF, THE PARTIES HERETO HAVE CAUSED THIS AMENDMENT TO BE EXECUTED AND INSTITUTED ON THE DATE FIRST ABOVE WRITTEN. King County, 4 shington By Title Date 11-• 7-3 ir3 PAGE 7 OF 7 a ��'` ' ` lam. RECIPIEA By Title Date COST ITEM TOTAL MATCH AWARD PERSONNEL 50,000 0 50,000 CONSULTING Cultural Investigation 298,000 0 298,000 Construction Engineering 267,992 162,992 105,000 SUB CONSULTANT 565,992 162,992 403,000 COMMERCIAL SERVICES Mobilization 150,000 100,000 50,000 Traffic Control 30,000 0 30,000 Demolition and Clearing 137,213 17,213 120,000 Temporary Sedimentation & Erosion Control 22,656 0 22,656 Grading 591,517 474,517 117,000 Parking and Sidewalks 85,829 0 85,829 Trails and Gathering Areas 32,659 0 32,659 Utilities 32,978 0 32,978 Plantings 279,946 149,946 130,000 Habitat Structures 146,112 146,112 0 Park Amenities 103,638 0 103,638 SUB CONTRACTOR 1,612,548 887,788 724,760 REAL - ESTATE RELATED 250,000 162,760 87,240 TOTAL $2,478,540 $1,213,540 $1,265,000 IN WITNESS HEREOF, THE PARTIES HERETO HAVE CAUSED THIS AMENDMENT TO BE EXECUTED AND INSTITUTED ON THE DATE FIRST ABOVE WRITTEN. King County, 4 shington By Title Date 11-• 7-3 ir3 PAGE 7 OF 7 a ��'` ' ` lam. RECIPIEA By Title Date 12-151 C Approval 11/5/12 Council AWARD NUMBER 9.12.006 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 City of Tukwila to herein as "Recipient"), , fbr the purposes set forth herein. This Agreement shall be in effect from th date of execution to December 31, 2014. 1.1 SECTION 1. RECITALS Whereas, the King County F!ood Control District ("District") is a quasi 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 ("lLA")hvuudbctn'ceuKigConutyuudtbo District, dated February 17, 2009, as onoeudod, and as service provider implements the District's annual work program and budget; 1.3 Whereas, the Board of Supervisors ofthe District, the District's go body, passed Resolution FCD20l2-072oo May l42Ol2, authorizing the King County executive or his designee to develop and administer a grant award program of up to $3 million in 2012 for water quality and water resources and habitat restoration and management projects and activities allocated in the amounts of $1.2 million for WRIA 8, $1.2 million for WRIA 9, and $600,000 for the Snoqualmie Watershed, provided that the project liotio approved by the District executive committee; 1.4 Whereas, in accordance with Resolution FCD2O12-07.2 and in its capaci as service provider to the Di i King County has established a grant award program to fund water quality and water resources and habitat restoration and management projects nud activities ("Cooperative Watershed Managenient Award Prograrn"); 1.5 Whereas, the Reci ient has submitted an application to the WRIA 9 Forum for the Project and the Forum 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 Reci ient and which are incorporated herein by this reference ("Grant Policies and Procedures"); 1.6 Whereas the District's Executive Committee has received a list of proposed projects tbut includes the P jcct, as described in Exhibit A attached hereto and incorporated herein by this reference, and the Executive Committee has approved the Project for funding up to the amount Vf$500,000.O0; �'r0 Page 8nfD4 Du d 6/4/6//v“--' 1.7 Whereas King County has received a Scope of Work and a Budget for the Project from the Recipient and has deterrnined that the Scope ofWork, 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; 1.8 Whereas, King County and the Recipient desire to enter into this Agreement for the purpose of establishing the teinis and conditions unde 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 i 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 nf$500]]O0.08 from District funds (the Award). The Award shall be used by the Recipient solely for the performance of the Project, as described in Exhibit A ofthis Agreement. 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 Budget P ject. The Reci ient 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 to return to King County any portion of the Award that is not expended or remains after completion of the Scope ofWork. 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 b within the scopes ofnos. 2) and 3) below, and have been approved by the 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 ca ing out the Scope of Work and are authorized by this 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) 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 u the Request for Payment form and Progress Report, attached hereto and incorporated herein as Exhibit D, for those documented and allowable expenses identified in the Budget and according to the rules set forth in the Grant Policies and Procedures. 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 Page 2 of 14 after the aforementioned date. Advances are allowable only for anticipated expenses to be incurred in the next three months from the date of submission of the Request for Payment for work that is included in the Scope of Work of this Agreement, and identified as such in the Request. Documentation of payments made from advances shall be submitted to King County prior to any further requests for payment. No advances shall exceed 80% of the total Award. The final request for payment shall be submitted with the Final Report described in Section 2.5 of this Agreement and shall be no less than 20% of the Award. 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 and submit a Close-out Report (Exhibit E of this Agreement). The final report shall, among other things, summarize the project's successes and shall address the watershed benefits accomplished by the work in a format provided by King County for this purpose as set forth in the Grant Policies and Procedures. 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 further described in Section 2.7 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 Corru-non 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. Page 3 of 14 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 this project on all literature, signage or press releases related to said project. SECTION 3. GENERAL PROVISIONS 3.1. This Agreement shall be binding upon and inure to the benefit of the parties hereto 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 to this Agreement 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, 2014. 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 request and receive any unexpended Award funds that may be held by the Recipient. 3.6. This Agreement may be signed in multiple counterparts. 3.7. If any provision of this Agreement or of any other agreement, document or writing pursuant to or in connection with this Agreement, shall be wholly or partially invalid or unenforceable under applicable law, said provision will be ineffective to that extent only, without in any way affecting the remaining parts or provision of said agreement, provided that the remaining provisions continue to effect the purposes of this Agreement. 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 Page 4 of 14 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. This document has been approved as to form by the King County Prosecuting Attorney's Office as of July 15, 2012. KING C UN Y: By ‘t By ark alcson Name vision Director, Water and Land Resources Division, King County Title Department of Natural Resources and Parks RECIPIENT: Date II-- 4144 rz- Date Page 5 of 14 EXHIBIT A: Project Description WRIA APPLICANT PROJECT DESCRIPTION REQUEST MATCH 9 City of Tukwila Duwamish Gardens Construction The City of Tukwila will create substitute shallow water habitat on a 216 acre site (and on adjacent Washington State aquatic lands) on the right bank ofthe Duwamish River immediately downstream of river mile 7.0. The project site is in the high priority "transition zone" between fresh and salt water, which provides the appropriate range of salinities for juvenile Chinook and chum to transition to salt water. $500,000.00 Page 6 of 14 EXHIBIT B: SCOPE OF WORK Page 7 of 14 Activity Description Deliverables Timeline Share of award City ofTukwila will oversee all aspects ofthe Project, hire and oversee the work of consultants and contractors to ensure Project that scope of work elements are carried out as described 2012' Management below. 2014 15'000 Remove five structures including a barn (2,000 Ft.2), two houses (1820 Ft.2, 2,200 Ft.2), a bunk house (500 Ft.2), and an Remove outbuilding (4'OU0Ft2) located on Parcels l0Z3049UOU' 20I2' 2 structures 1023049055 and 1023049071 20I3 70'000 Plan for and remove Remove and dispose of approximately 5,000 CY of materia! that will require special handling and disposal. Excavate soil down to a maximum of 4 feet where needed when it contains contaminated detectable Ievels of PAHs below or above the threshold for a 2012' 3 soils MTCA Method Acleanup. 2014 117,000 Data recovery plan will outline how the City of Tukwila plans to investigate the site to determine if archeological resources are present, and if so, their approximate Iocation and depth. Plan for and complete all necessary data recovery for Excavate a series of trenches where archeologists can observe the trench sides for sedimentation Iayering and sieve the excavated material for artifacts. This information is used by the project designers to determine if they can avoid impacts to the cuttural resources, and if not, will allow them to determine archeological the quantity and types of artifacts that are anticipated during 2012' 4 artifacts excavation. Submit plan to King County as a deliverable. 2014 298'000 Excavate and grade site and restore it into a Remove approximately 55,000 CY of material from the center of the site and adjacent to the Duwamish River to establish 1.3 acres of shallow water mudflat and marsh habitat and 0,8 acre 5 shallow marsh of restored riparian area. 20I4 0 Credit the King County Flood Provide proper credit as provided by King County for funding this project by the following needs as applicable: On-site signage, consumable printed materials such as flyers, brochures, etc, press releases, electronic postings such as web ZUlZ' O Control District sites, electronic newsletters and reports. 2014 0 Prepare and submit Final December 7 Report Final report shall follow the format of Exhibit E 31, 2014 O $500,000 Page 7 of 14 EXHIBIT C: BUDGET BUDGET ITEM GRANT REQU EST OTHER FUNDS /MATCH (Source and Status) COST BASIS FOR CALCULATING AMOUNT Various sources ($860,280) Salaries & benefits 15,000.00 Consultant services 185 hrs X $81.24 for project mgmt. Subtotal Project supplies, materials and equipment Commercial services (e.g., printing, back hoeing) 485,000.00 860,280.00 See Budget Details table Transportation Office expenses (broken down unless requesting a blanket overhead rate) Real estate - related costs Other costs Subtotal GRAND TOTAL BUDGET DETAILS 111110 . \v ff ITEM QY UNIT UNIT COST TOTAL SHARE OF AWARD Personnel costs 185 hrs 81.24 15,000 15,000 Cultural /Historic Investigations & Plan 1 LS 90,000 90,000 90,000 Artifact Curating 1 8,000 8,000 8,000 Contaminated Soil Removal 1 LS 172,180 172,180 117,000 Cultural /Historic Data Recovery 1 Site 400,000 $400,000 200,000 Material Excavation (Excavators & Operator) 55,000 CY 3.2 176,000 0 Material Haul Off Site (Trucks, Operator and Fuel) 55,000 CY 7.62 419,100 0 Existing Structure Demolition 1 LS 80,000 80,000 70,000 $1,360,280.00 $500,000 Page 8 of 14 EXHIBIT D: REQUEST FOR PAYMENT AND PROGRESS REPORT — COUNTY ��h \.\JU cw/,uvoL T R IC T Water and Land Resources Division River and Floodplain Management Section King County King County Cooperative Watershed Management Grant Payment Request Date Recipient Name Contact Name Phone Address 1 Address 2 City, State, Zip Code Request# Request number City of Tukwila Dates (beginning & end date for this claim) Instructions: Complete this spreadsheet and attach your financial / accounting system reports to document all expenses PROJECT NAME Duwamish Gardens Construction AWARD # 9.12.006 Budget Line Item (From Exhibit B Budget) Budgeted Current Request Amount of aU Previous Requests Balance Remaining g / ' $ � - $ g $ � - � TOTALS: $ ' ^^+~[ $ ' $ ' $ ' Amount from Current Request above requested as an advance EXPLANATION: Page 9 of 14 KING COUNTY FLOOD CONTROL DISTRICT Water and Land Resources Division River and Floodplain Management Section King Coun COOPERATIVE WATERSHED MANAGEMENT GRANT PROGRESS REPORT Date PROJECT AWARD NUMBER Recipient Name Contact Name Phone Address 1 Address 2 City, State, Zip Code Request # Dates (beginning & end date for this claim) 01/00/00 Duwamish Gardens Construction 9.12.006 0 0 0 0 0 0 0 0 SCOPE OF WORK ITEM DELIVERABLES: Progress / Status/percentage completed (note approximate or actual dates) 1) 2) Page 10 of 14 3) 4) 5) Add more pages if necessary Please mail or e-mail all document to: Katrina Johnston Water and Land Resources Division Department of Natural Resources and Parks KSC-N R-0600 201 South Jackson Street, Suite 600 Seattle, WA 98104-3855 Phone: 206-263-0478 Fax: 206-205-5134 Email: kathnaiohnston@kingcounty.guv Page 11 of 14 EXHIBIT E CLOSE-OUT REPORT Recipient City nfTukwila Award # 9.12.006 Project title Duwamish Gardens Construction Project start and end dates Attached Total award � Total spent $ Amount due at close-out � Total unspent � Submit the followin : PROGRAMMATIC CLOSE-OUT Checklist Previously Submitted Attached 1. Letter(s) of commitment from key partners / | | / 2. Final report documentingthe successful completion ofthe project according to the exhibit A: Scope of Work & timeline in your agreement. | | 3. Documentation of measurement methods and timelines and any results to date. | | | | FOLLOWING ITEMS TO BE INCLUDED AS APPLICABLE KCFCD acknowledge- ment 4. Selection of outreach materials, such as: handouts, brochures, posters, newspaper clippings, press releases, and web page screen hard copies | | S. Copies of selected printed materials, created for the project or about it, &/or other items that illustrate the successful completion ofthe project 1 | | | 6. Selected copies of pictures, fiIm, video, PowerPoint presentation in CD, DVD, email &/or documentation presenting your project, if applicable 1 | | | FINANCIAL CLOSE-OUT 7. Attach receipts &/orauditab|e accounting detail (may include: Iedger-based copies, cancel checks, & payroll records) -- 8. Documentation of cash and in-kind match | | CONTINUED Page 12 of 14 King County Cooperative Watershed Management Fiscal Close-Out Date Recipient Name City of Tukwila Duwamish Gardens PROJECT NAME Construction AWARD AWARD # 9.12.006 Budget Line Item (From Exhibit B Budget) Budgeted Amount of all Previous Requests Balance Forfeited Source $ - $ _ $ - _ _ $ - $ _ $ - $ - $ - _ _ $ - _ $ _ _ $ - $ - _ $- $ _ TOTALS: - $ - - MATCH Item Budgeted Actual Balance Source $ - $ - $ - $ $ $ - $- $ - $ - $ - $ - - $ NOTES CONTINUED Page 13 of 14 PROVISIONS By signing this Financial CLOSEOUT, | , an authorized representative of the above named award recipient (RECIPIENT), confirm that 1 have examined the information contained herein and that, to the best of my knowledge, it is a true and accurate account of all the financial expenses and in-kind contributions incurred by the above named project in the course of fulfilling the conditions of the AGREEMENT between RECIPIENTand King County (COUNTY). I hereby acknowledge that there are no further expenses associated with this project, nor any pending or future claims to the COUNTY and that the COUNTY is not liable for any expenses not documented in Attachment B (Budget) ofthe AGREEMENT. | understand thattheREC|P|ENTisfuUyboundbythepnovisiunsnftheAGREE[NENT including, but not limited to, the return of COUNTY funds that are unspent or whose spending is unsubstantiated according to the terms of the AGREEMENT and the right to examine records. 1 further understand that the COUNTY, upon examining the financial close-out and the final report submitted by the RECIPIENT will determine the amount of the balance due to the RECIPIENT. SIGNED DATE Approved for Close-Out Not approved for close-out EXAMINER SIGNATURE: Notes: DATE: END OF EXHIBIT E Page 14 of 14