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HomeMy WebLinkAboutCAP 2013-07-08 Item 2D - Grant Acceptance - Duwamish Gardens from King Conservation DistrictCity of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Community Affairs and Parks Committee FROM: Bob Giberson, Public Works Director By: Ryan Larson, Senior Program Manager DATE: July 5, 2013 SUBJECT: Duwamish Gardens Project No. 90630102 Accept Grant from the King Conservation District ISSUE Accept a grant from the King Conservation District (KCD) for the Duwamish Gardens Project. BACKGROUND The City acquired the Duwamish Gardens site in 2008 for future restoration as a salmon habitat site with minor park elements. The p ject is currently in the design phase and staff is in the process of obtaining all construction permits to clear the site of existing structures and secure construction funding. Construction is anticipated to begin in spring of 2014, provided that permitting is completed and all construction funding can be secured. The current construction cost estimate for Duwamish Gardens is $2,500,000. Staff worked with the WRIA 9 Habitat Team and applied for construction funding through the King County Flood Control District (KCFCD), Salmon Recovery Funding Board (SRFB), Aquatic Lands Enhancement Account (ALEA), Puget Sound Acquisition and Restoration Fund (PSAR) and KCD. To date, construction grant funding for $500,000 has been secured from KCFCD and this grant acceptance from the King Conservation District is for $300,000. Other grant funding opportunities are still pending. ANALYSIS King Conservation District provided acquisition and design funding for Duwamish Gardens. This KCD construction grant for $300,000 does not have specific matching fund requirements, but does require that the funds be used to construct the pr ject as described in the grant application. The funds can be used for construction and if needed, to facilitate the exchange of a portion of the existing site for a larger riverward portion of the neighboring property. RECOMMENDATION Council is being asked to approve the grant agreement with the King Conservation District for $300,000.00 for the Duwamish Gardens project and COOSid8[thiS item on the Consent Agenda of the July 15, 2013 Regular Meeting. Attachment: King Conservatio District Grant Agreement wAP*eng\ PROJECTS m'onp=jemmo=°°w Gardens 06-DRO2 (90630 Memo KCD Construction Grant Accept.docx 28 AGREEMENT FOR AWARD OF KING CONSERVATION DISTRICT WRIA FORUM GRANT Green - Duwamish- Central Puget Sound Watershed Forum (WRIA 9) City of Tukwila This Agreement is made between the King Conservation District Number 9, a municipal corporation in King County, Washington, located at 1107 SW Grady Way, Suite 130, Renton, WA 98057 (referred to herein as "District "), and City of Tukwila, a municipal corporation in King County, Washington, located at 6300 Southcenter Boulevard, Tukwila, WA 98188 (referred to herein as "Recipient "), for the purposes set forth herein. SECTION 1. RECITALS 1.1 Whereas, the District is a special purpose district organized and existing under authority of Chapter 89.08 RCW which engages in certain activities and programs to conserve natural resources, including soil and water, which activities are declared to be of special benefit to lands; and 1.2 Whereas, pursuant to RCW 89.08.400, King County has authorized and imposed a system of assessments to finance the activities and programs of the District; and 1.3 Whereas, pursuant to RCW 89.08.220, RCW 89.08.341 and /or Chapter 39.34 RCW, the District is authorized to enter into agreements with municipal entities and agencies (governmental or otherwise), or their designees, in order to carry out and facilitate the activities and programs of the District to conserve natural resources; and 1.4 Whereas, certain Watershed Forums were established in King County and through the voluntary association of agencies and entities situated within the particular watershed basins or areas (i.e., Snoqualmie Watershed Forum; Cedar /Lake Washington /Sammamish Watershed Forum; Green /Duwamish/Central Puget Sound Watershed Forum) for the purpose of addressing and responding to environmental needs within their respective watershed basins and in the region by cooperative efforts; and 1.5 Whereas, the Watershed Forums include representatives of jurisdictions that are located within or have a major interest in the management of Water Resources Inventory Areas (WRIA) 7, 8 and 9; and 1.6 Whereas, the District has reviewed the grant application submitted by Recipient and has determined that the application meets the requirements of Chapter 89.08 RCW, the District's policies and procedures for awarding grants and the funding principles established by King County's Regional Water Quality Committee; and 1.7 Whereas, the District and Recipient desire to enter into this Agreement for the purpose of establishing the terms and conditions relating to the District's award of a grant to Recipient. Page 1 of 4 29 SECTION 2. AGREEMENT 2.1 The District agrees to award Recipient a grant in the total amount of Three Hundred Thousand Dollars ($300,000.00) from 2010 -11 Assessments. Grant funds shall be used by Recipient solely for the perfoiniance of the work described in Exhibit A which is attached hereto and incorporated herein by this reference. The District shall pay the grant funds to Recipient in accordance with the District's policies and procedures, including but not limited to, the policies and procedures contained in the Member Jurisdiction & WRIA Forum Grant Application Instructions and Policies, provided that such funds have been collected and received by the District. 2.2 Recipient represents and warrants that it will only use the grant funds for the work described in Exhibit A, which may be amended by the parties pursuant to Paragraph 3.3 of the Agreement. Recipient shall be required to refund to the District that portion of any grant funds which are used for unauthorized work. Further, Recipient agrees to return to the District any grant funds that are not expended or remain after completion of the work covered by this Agreement. 2.3 Recipient acknowledges and agrees that the grant funds may only be expended on work which shall be entirely within the District's jurisdictional boundaries. The following municipal entities are not within the District's jurisdictional boundaries: Enumclaw, Federal Way, Milton, Pacific, and Skykomish. Recipient shall be required to refund to the District that portion of any grant funds which are used for work performed outside the District's jurisdictional boundaries. 2.4 In the event the scope of work authorized by this Agreement includes the use of grant funds to purchase houses located on real property within a flood hazard area, Recipient acknowledges and agrees that grant funds may only be used for such purposes if the houses to be purchased were constructed before floodplain mapping or sensitive areas regulations were in place for that area. Recipient shall be required to refund to the District that portion of any grant funds which are used for unauthorized purposes. 2.5 Recipient shall be required to provide the District with biannual financial and project progress reports, along with an annual summary report. Financial and project reports shall be due June 30 and November 30 each year. The Recipient shall also be required to submit to the District a final report which documents the Recipient's completion of the work in conformance with this Agreement within thirty (30) days after the completion of the work. The final report shall, among other things, summarize the project's successes and shall address the regional benefits accomplished by the work. The final report shall also identify any obstacles or challenges which were encountered during the work, along with general recommendations regarding ways to avoid such obstacles or challenges in the future. If requested, Recipient agrees to provide the District with additional financial or progress reports from time to time, at reasonable intervals. Page 2 of 4 30 2.6 Recipient's expenditures of grant funds shall be separately identified in the Recipient's accounting records. If requested, Recipient shall comply with other reasonable requests made by the District with respect to the manner in which project expenditures are tracked and accounted for in Recipient's accounting books and records. Recipient shall maintain such records of expenditures as may be necessary to conform to generally accepted accounting principals and to meet the requirements of all applicable state and federal laws. 2.7 Recipient shall be required to track project expenses using the Budget Accounting and Reporting System for the State of Washington ( "BARS "). 2.8 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. Recipient shall cooperate with the District in any such audit. 2.9 Recipient shall retain all accounting records and project files relating to this Agreement in accordance with criteria established in the Revised Code of Washington and the Washington State Archivist. 2.10 Recipient shall ensure that all work performed by Recipient or 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. Recipient shall implement an appropriate monitoring system or program to ensure compliance with this provision. 2.11 Recipient agrees to indemnify, defend and hold harmless the District, its elected or appointed officials, employees and agents, from all claims, alleged liability, damages, losses to or death of person or damage to property allegedly resulting from the negligent or intentional acts of the Recipient or any of its employees, agents, contractors or subcontractors in connection with this Agreement. 2.12 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. Page 3 of 4 31 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. DISTRICT: RECIPIENT: By By Name Name Title Title Date Date Approved as to Form: Approved as to Foiiii: DISTRICT LEGAL COUNSEL: RECIPIENT'S ATTORNEY: By Name & ' L C . Fr o J Date s l 1 13 32 By Name Date Page 4 of 4 Exhibit A 34 King Conservation District RECEIVED MAR 15 2013 Member Jurisdiction & WRIA Forum Grant Program Grant Application Project Title: Duwamish Gardens Construction 2013 Applicant: City of Tukwila Contact: Ryan Larson Principal Partners (if any): WRIA 9 Salmon Recovery Team Title: Senior Engineer Address: 6300 Southcenter Blvd. Tukwila, WA 98188 Total Project Cost: $3,048,388 WRIA Funding ® Jurisdiction Funding E KCD Funding Requested: $300,000 Phone: 206 - 431 -2456 Project Start Date: January 2014 Fax: 206 -431 -3665 Project End Date: December 2014 E -mail: ryan.larson @tukwilawa.gov 1. Project Description - provide a brief description of the project that summarizes what you will do, how you will do it, and why you will do it. Consider the following in the answer to this question: what pressing need will be addressed by the project or what promising opportunity will be capitalized on? Who or what will benefit or be positively and negatively affected? This project would create almost an acre of shallow water habitat (mud flats surrounded by emergent marsh) ringed by over an acre of native upland vegetation. This project site was purchased for the purpose of creating habitat for juvenile salmonids, and represents one of the very few opportunities to create salmon habitat in the Duwamish subwatershed, where property values are high, and large, underdeveloped parcels along the river are rare. This project will add an acre of shallow water habitat along a stretch in the core transition zone area that is currently devoid of off - channel, shallow water habitat for almost a mile. Construction of this project will not only increase the chances for juvenile salmon to survive, but will provide the neighboring communities with riverfront views, an area for families to visit and relax, and access to the river for launching hand - carried boats (Figure 1). Duwamish Gardens is located in the Duwamish Estuary Transition Zone, where fresh water and saltwater mix. Research has shown that recovery of Chinook salmon in the Green /Duwamish watershed is dependent on creating shallow water habitat in this zone, so juvenile Chinook and other salmonids can feed and grow as they transition to saltwater. These larger juvenile fish will be better able to avoid predation in Puget Sound and return to spawn. The Duwamish subwatershed once had over 1,300 acres of wetlands; today, it has only 3% of that area. These funds will be used to pay for a portion of the $3.05 million estimated for project construction. The funds will be combined with other revenue sources, and used for relocating underground utilities, clearing and grading, excavating and properly disposing of shallow contaminated soils, excavating up to 45,000 cubic yards of material to create shallow water habitat, and hauling materials. Other funding sources include: Member Jurisdiction & WRIA Forum Grant Application - March 14, 2013 - Page 1 of 6 35 • Salmon Recovery Funding Board and Puget Sound Acquisition and Restoration grant ($1,104.843 grant proposed for 2013 round), and • King County Cooperative Watershed Management grants ($500,000 approved in 2012 and an additional grant for approximately $800,000 proposed for 2013). If the opportunity arises, funds may be used to exchange an upland portion of the site for additional shoreline to the west of the project site, and increase the area of habitat creation. Previous KCD grants have been used for acquisition negotiations in 2007 and towards design and permitting of the restoration project in 2010. 2. Natural Resource Improvement Actions - describe how the project will address a minimum of one of the natural resource improvement actions described on page 1 of the application instructions. Consider the following in your answer to this question: What natural resources will be improved? What are the known needs, gaps or deficits that will be addressed? What are the known benefits to soil, water, air, plants, fish and wildlife, landowners? This project will address the improvement action "Direct Improvement of Natural Resource Conditions." Opportunities to create ideal salmonid habitat in the Duwamish subwatershed are extremely limited because of the lack of underdeveloped shoreline in this industrial -zoned basin. The 2.16 acre site will be changed from an abandoned lot with a steep bank and invasive vegetation, to a shallow water habitat ringed by native riparian trees, shrubs and perennials, a viewing area with interpretive signage, a foot trail, and access to launch hand - carried boats. The shallow water habitat will help offset the loss of 97% of the wetland area that existed before the lower Duwamish waterway was created. This habitat is of critical importance to migrating juvenile salmonids, including Chinook, chum, steelhead, and others. This off - channel shallow water habitat will be a refuge from the main channel, especially during storms and high tides, offering small fish a place to rest and feed on the myriad of insects that will grow in the native forest and marsh vegetation to be planted; research shows that terrestrial insects are extremely important in the diet of juvenile Chinook. The banks at the site are currently dominated by Himalayan blackberry. The banks will be lengthened by the excavation, and riparian plantings will increase the plant diversity and volume by height alone, by adding native conifers and deciduous trees. This will benefit other wildlife as well, in particular, invertebrates and birds. Air quality may be improved with the additional plants, of benefit to the Duwamish and Puget Sound. In design workshops, residents from nearby neighborhoods stressed that they desire more access to the river for viewing, walking, picnicking, and launching boats, and this site will provide them new opportunities. 3. Project Activities and Measurable Results - using the table below, list specific project activities to be completed, the timetable for the activities, and the deliverables associated with those activities. Consider the following in your answer to this question: What actions, interventions, programs, services will be deployed? Activity Description Deliverables Timeline Member Jurisdiction & WRIA Forum Grant Application - January 23, 2012 - Page 9 of 6 36 1. Clearing and Grubbing Site cleared of vegetation and any remaining debris 3/2014 - 5/2014 2. Remove and dispose of Contaminated soil removed or 4/2014 - contaminated soils moved to appropriate area on site 6/2014 3. Relocate or remove utilitiy in Utilitties removed, moved, or 3/2014 - conflict abandoned 6/2014 4. Excavate material Removal of materials on site to 4/2014 - allow for construction of the habitat and park features 11/2014 5. Acquisition: Swap upland Northeast corner of property 1/2014 - portion of site for adjacent shoreline, if the opportunity arises exchanged for shoreline to west of site if neighboring property owner is amenable 6/2014 4. Effectiveness (see page 2 of application instructions for definition) - describe how the project will effectively implement the natural resource improvement measures identified in question No. 2 above. Consider the following in your answer to this question: Why is the primary applicant the best entity to deliver the proposed program /service /intervention? What is the capacity of the primary applicant to deliver the proposed program /service /intervention? What tools, services and partners will be brought to bear? The City of Tukwila owns the project site, and has the experience and ability to manage the project and hire experienced contractors to complete the work. The project manager has been very dedicated to implementing this project since 2007, and is working closely with WRIA 9 staff to fully fund the construction of this project, which is a high priority in the WRIA 9 Salmon Habitat Plan: Making our Watershed Fit for a King. A design consultant has been working closely with the city, WRIA 9 staff, and the many project stakeholders and permitting agencies to design the project to maximize the benefit to the environment and neighborhood, while also respecting cultural resources. A citizen's committee has been convened, and will continue to give input into the final design. The project manager will be available to coordinate project construction. 5. Efficiency (see page 2 of application instructions for definition) - describe how the project will efficiently implement the natural resource improvement measures identified in question No. 2 above. Consider the following in your answer to this question: How will the proposed program /service/ intervention engage in conjunction with related efforts? How does your strategy best leverage resources? Duwamish Gardens will turn a 2.16 acre site, which was historically filled, into a beautiful riparian and shallow water habitat with viewing amenities for visitors. The location of Duwamish Gardens at River Mile 7.0 in the Duwamish transition zone is of critical importance to juvenile salmonids migrating to Puget Sound. This location provides off - channel refuge for fish along a mile -long stretch of river that is lacking this type of habitat. Member Jurisdiction & WRIA Forum Grant Application - January 23, 2012 - Page 3 of 6 37 The firm selected to construct this project will have a history of constructing habitat projects on -time and within budget. This grant will be used to leverage funds from the Salmon Recovery Funding Board and other sources. The city will contribute funds, and provide project management support as in -kind match. This grant will be used to leverage a proposed Salmon Recovery Funding Board (SRFB) and Puget Sound Acquisition and Restoration (PSAR) grant and King County Cooperative Watershed Management grant. Equity (see page 2 of application instructions for definition) - describe how the project will equitably implement the natural resource improvement measures identified in question No. 2 above. Consider the following in your answer to this question: In what part of the District will the proposed program /service /intervention occur? Who is the target audience and what demographic section of the community will be affected? This project is located in the City of Tukwila, in the Duwamish subwatershed of the Green/Duwamish and Central Puget Sound Watershed. The improvements to the property as a result of this project, including the improved native vegetation, construction of off channel habitat, walking path, access for launching hand - carried boats, interpretive sign and bench will benefit people in adjacent neighborhoods (Duwamish, Georgetown, South Park, and Allentown). These neighborhoods in the urban area are culturally diverse and lower income than much of King County. Access to the river and natural green spaces for these communities is a very important issue, as are improvements to aesthetics, which the native landscaping and amenities at this site will provide (Figure 1). 6. Evaluation of Intended Results - describe the evaluation mechanisms you will use to track, document, and report that the project has achieved the intended results described in questions 1- 3. This project will be evaluated against the project design and various grant requirements to detennine the actual number of acres of mud flat, marsh, and upland acres created and for the total length of trails, number of parking spaces, completion of a hand boat launch, number of benches, and interpretive elements provided. Effectiveness monitoring of past habitat restoration projects has demonstrated that construction of off channel, mud flat and intertidal marsh habitat is critical to the productivity of Chinook and other salmonids. The monitoring information collected for this project will be used to guide restoration design at other sites within the Duwamish. Member Jurisdiction & WRIA Forum Grant Application - January 23, 2012 - Page 4 of 6 38 7. Project Budget & Expenses Budget Item KCD Funds King County Flood Control District - Cooperative Watershed Management Grant (2012 awarded, and proposed for 2013) City of Tukwila SRFB and PSAR (proposed for 2013) Total Salaries and Benefits Travel /Meals /Mileage Office /Field Supplies . Contracted/ Professional Services $300,000 $1,315,000 $1,333,388 $2,948,388 Land Acquisition Permits In -kind - Project Management, Cultural Investigations & other tasks $100,000 Other (specify) Other (specify) TOTAL $300,000 $1,315,000 $100,000 $1,333,388 $3,048,388 8. KCD Acknowledgement - Describe how the KCD will be acknowledged as a source of funding for the proposed program /service /intervention (see Grant Program Overview & Policies, General Grant Program Policies, #6). KCD will be acknowledged as a source of funding on watershed tours, groundbreaking celebrations, in brochures about the project, and on interpretive signs installed at the project site. The City of Tukwila will work with the Conservation District on any press- releases. Authorized Signature Date Member Jurisdiction & WRIA Forum Grant Application - January 23, 2012 - Page 5 of 6 39 Figure 1) Duwamish Gardens - Perspective View. By IA. Brennan, Assoc. Duwamish Gardens will create almost an acre of off-channel, shallow water habitat, a critical habitat type for juvenile salmonids in the Duwamish River. For neighboring communities, the project would offer a trail, viewing area, benches, interpretive signage, and access for launching hand-carried boats. Member Jurisdiction & WR1A Forum Grant Application - January 23, 2012 - Page 6 of 6 40