HomeMy WebLinkAbout12-151 - King County Flood Control District - Duwamish Gardens GrantAMENDMENT
• 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