HomeMy WebLinkAboutPW17-030 - Original - King Conservation District - WRIA Forum Grant Green-Duwamish-Central Puget Sound Watershed Forum (WRIA 9) - 04/19/2016 G
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ANT Document
CONTRACT COVER SH T
This is to be completed by the Contract Manager prior to submission
to City Clerks Office, All portions are to be completed.
If you have questions, please contact City Clerk's Office.
Vendor Name: King Conservation District
Vendor Number:
ID Edwards Number
Contract Number: w-1
This is assigned by City Clerk's Office
Project Name: King Conservation Watershed Grant WRIA 9 Acceptance - Dill Creek
Side Channel Leber Homestead
Description: 0 Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract
0 Other: Grant Agreement
Contract Effective Date: 4/19/10Termination Date: 12/31/2016
Contract Renewal Notice (Days): N/A
Number of days required notice for termination or renewal or amendment
Contract Manager: Putt Knox Department: Engineering/Env.
Detail: (i.e. address, location, parcel number, tax id, etc.):
King Conservation District Watershed WVRIA 9 Grant Agreement in the amount of
$200,000 provides for construction for the Mill Creek Side Channel - Leber Restoration
project. The city of Kent will provide an additional $76,440.00 in matching funds for
plants and labor.
S:Public\RecardsManagement\Farms\ContractCover\adcc7832 1 11/08
King Conservation District
1107 SW Grady Way,Suite 130 +Renton,WA J8057+Phone(425)282-1897 e Fax(47a)282-18,98 w E-mail distrir tftingO.vrg
.March 6, 2017
Doruza Palmer t,&eJ
City of Kent,Public Works
220 Fourth Avenue South
Kent, WA 98032
Dear Donna Palmer,
Enclosed is a check in the amount of$180,000 for the City of Kent- Leber Homestead
project. This is 90% of the grant award. We hold 10% of the grant award until the ,grant
close'out process is complete. This grant will be placed in the queue for close out once
we receive the final narratives report.
Please contact me with any questions.
Thank you,
m z'-- 01 /
essica Saavedra
Grant Program Manager
Member jurisdiction&WPIA Forum Grant Program
( 25) 82-1906
Enclosures (1)
Cc:
KCD Ref. 17-07.5-KentPublicWorkS Pal.rner L.eiaeeHoinesteaci'4 RI 90%grantpayment
e .
AGREEMENT FOR AWARD OF
KING CONSERVATION DISTRICT WRIA FORUM GRANT
Green-Duwamish-Central Puget Sound Watershed Forum (WRIA 9)
City of Kent
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 the City of Kent,a municipal corporation in King County,Washington,located at 220 4ch Avenue
South,Kent,WA 98032-5895 (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.
SECTION 2. AGREEMENT
.2.1 The District agrees to award Recipient a grant in.the total amount,of Two Hundred Thousand
Dollars ($200,000.00) from 2011 Funds. Grant funds shall be used by Recipient solely for the performance 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.
Page 1 of 4
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.
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 If the Recipient is a Washington municipal agency, 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.
Page 2 of 4
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 Source of funding for this project on all literature,
signage or press releases related to said project.
SECTION 3. GENERAL PROVISIONS
33 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 eft"ect.
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 lie/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.
DIS' I T: RECIPIENT:
I T.
By By
ILI) ame
Na,3in6
Title Title
Date Z?l Date
Approved as to Form: App�oved as to Form:
DISTRICT LEGAL COUNSEL: RECIPIENT'S ATTORNEY:
By I�� Jt' By A (If
Name I t Nari
Da te 0, Date
Page 3 of 4
Exhibit A
Page 4 of 4
Member Jurisdiction
RIA Forum Grant Program
Kin Conservation District Grant Application
Project Title: Leber Homestead Project
Applicant: City of bent Contact: Nutt Knox.
Principal Partners(if any): Title: Environmental Ecologist
WWRIA 9', Address:
Puget Sound Partnership; Engineering Department
Muckleshoot Indian Tribe Fisheries Division; 220 41M Avenue S.
King County Kent,WA 98032-5895
Total Project Cast: $2.5 Million
VWRIA Funding N Jurisdiction Funding
KCD Funding requested: $200,000 Phone: 253-856-5551
Project Start Date, April 19, 2016 Fax: 53-8 6.6500
Project End Date: December 31, 2016 E-mail: rnknox@kentwa.gov
1. Project Description - provide a brief description of the project that summarizes whet you wiil 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?
The Leber Homestead project Is an off-channel salmon restoration project
within the Green-Duwamish watershed. This project will create off-channel
habitat for salmon adjacent to Mill Creels near Its confluence with theGreen
River (River Mile 23.7). The primary goal of this project Is to increase
floodprlain refuge and rearing habitat for juvenile Chinook salmon, a threatened
species under the Endangered Species Act in the Puget Sound, as well as other
salmon species. A limiting factors analysis completed In 2000 by WRXA 9 found
that the lack of rearing and refuge habitat is one of the most critical missing
elements for Chinook salmon recovery in the lower Green River.
The Leber Homestead site Is 8.6 acres In size. A total of nearly 90,000 CY of
material will be excavated and removed from the floodplain to produce the off-
channel habitat, Including approximately 8,000 CY of arsenic contaminated nail
from previous agricultural practices. Approximately 1.6 - acres of
Intermittently Inundated habitat will be created below the ordinary high water
mark (OHWhM) and over 5-acres below the 100-year flood height. A total of 43
log structures and 30,000 native plants will be placed and planted to jump-
start creation of complex salmon habitat and to Increase shading and diversity
along the banks of the Green River,
Over 50-acre feet of additional floodplain storage will be created by this
project. This storage will reduce flooding in agricultural areas along Mill Creek
as well as south and west of the project location along the left bank of the
Green River.
Member Jurisdiction&WRIA Forum Grant Application-January 23, zoiz-Page x of 5
A number of grants were secured for construction of this project (see #8
below). KCD funding would be used to supplement these other sources to meet
the total construction costs.
2. Natural Resource Improvement Actions-describe howthe project will address a
minimum of one of the natural resource improvement actions described on page%ofthe
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?
The lower portion of Mill Creek and the Green River Is deeply incised and no
longer connected to its floodplain. This project will reconnect the river with
over 5-acres of its former floodplain. Over-wintering Chinook have been
documented up to RM 4.0 on Mill Creek. The Muckleshoot Tribe found Chinook
rearing in Milt Creek during the summer up to RM 3.2. It was concluded that
Chinook captured in Mill Creek were Immigrants from the main population In
the Green River. Fry or fingerlings migrate Into the creek and rear. Sampling
confirmed several life stages of Chinook juvenile use. Studies indicate that
juvenile salmon hatched in the Middle Green sub-watershed get swept
downstream by heavy flows before they are ready to migrate. This is due to a
lack of refuge and rearing habitat in the Lower Green sub-watershed and is a
major limiting factor. Restoration and creation of off-channel habitat and
refuge for Chinook and other salmonids Is expected to increase juvenile
survival.
The project will create a floodplain wetland off of Mill Creek that will be subject
to backwater approximately 50% of the year and 100 days annually during the
Chinook outmigration period (3anuary to June). invasive bankside plants will
be removed-and replaced with native plants to increase diversity, density and
shading. The large woody structures proposed are designed to maximize
salmon habitat In the floodplain wetland. Over 17,000 willow and dogwood live
stakes and 7,000 containerized and bare-root native plants will be planted.
Water will back Into the off-channel area and juvenile salmonids will have a
large area that provides cover, food and protection from flood flows. Coho,
Chinook, chum, pink salmon, cutthroat and steelhead trout populations still
make extensive use of Mill Creek, the only major tributary to the Green River
between coos Creek and the mouth of the Duwamish river that provides
unrestricted salmonid access. Preserving the existing mature trees along the
Green River is one design goal and underplanting with additional trees will
reduce temperature loading, maintain leaf and Insect drop and large woody
debris recruitment.
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 answerto this question: Whatactions,
interventions,programs,services will be deployed?
• 2
Member Jurisdiction&WRIA Forum Grant Application—January 23, 2012-PageX of 5
Activity Descri Lion Deliverables Timeline
1. Bid &award construction Final plans, specifications and ]an - Apr.
contract a responsive bidder 2016
2. Excavation and removal or "Clean"site with arsenic levels April - June
mixing of contaminated soil below 20 pprn on entire site 2016
3, Excavation and removal of Finalized grading to meet 7uly-August
clean soil down to design project plans 2016
depths
4. Large wood installed 43 engineered logjams August, 2016
installed
S. Amended and stabilized soils Compost incorporated, erosion September,
control fabric installed, 2016
h droseed applied
6. Native plant planting and Over 30,000 native plants Oct- Dec.
mulching supplied and installed on-site 2016
7. Maintenance, monitoring, Functional, performing Jan. 2017 -
adaptive management flood lain wetland 2027
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/lntervention?
What tools,services and partners will be brought to bear?
The city has constructed and is managing similar restoration projects along the
Green River and throughout the city. The 700 L1F Riverview Park channel
across the river from the Leber Homestead Site was completed In 2012 and Is
now providing additional salmon habitat. The Downey Farmstead Restoration
project, located a little more than a mile downstream, has been designed and
will begin construction In 2017. Several levee setback projects that
incorporate salmon-friendly designs have been proposed, designed, and/or
completed by the city (see htins://kentwa.aov/WorkArea/DownloadAsset.a.$Wld=21367J.
Through an Iterative process with grant funders, stakeholders and consulting
experts, the City has designed this and other projects to maximize available
salmon habitat.
The City of Kent will provide stewardship and maintenance of this property
which is under city ownership Into perpetuity. A monitoring, maintenance and
adaptive management plan has been completed for this project that lays out
the goals, objectives, performance standards, monitoring parameters,
maintenance actions and adaptive management measures that will be
employed and followed after project completion. Vegetation establishment,
invasive species colonization, hydrology and fish use will all be monitored and
regular, scheduled maintenance and corrective actions taken to ensure that
performance standards are attained.
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: Now will the
Member Jurisdiction&WRIA Forum Grant Application January%3,2012-PageX of 5
proposed program/service/intervention engage In conjunction with related efforts?How does
your strategy best leverage resources?
This project has been identified in the WRIA 9 Green/Duwamish and Central
Puget Sound Watershed Salmon Habitat Plant as a priority project for over a
decade and is on the 2016 4-year workplan. This project, along with the
current Riverview Park, and future Downey Farmstead, Lowest Russell Road
and Teufel Nursery projects are expected to create well over a mile of off-
channel habitat in this reach within the next five years. These projects will
each Incrementally improve salmon habitat. All together, these projects will
substantially increase the capacity for juvenile rearing and refuge, the most
critical limiting factor in the WRIA. This should result directly in a higher
abundance of juveniles surviving to saltwater, and thus a higher number of
returning adults.
6. Equity(see page 2 of application instructions for definition) - describe howthe project
will equitably impiementthe 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?
The Leber Homestead project will help promote a healthy built environment,
one of the 14 determinants of equity that King County (KC) Identified in the
Executive's 2008 equity and social justice initiative. The Kent School District
(KSD) reflects the Kent population in general and is one of the most diverse in
the region, with 137 different languages spoken by KSD families, 18% learning
the English language and a free or reduced lunch percentage of 52.4%.
Providing a healthy environment In this context is very Important.
7. 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'-3.
A monitoring, maintenance and adaptive management plan for the project has
been finalized to evaluate the success of the project and lay-out management
responses once project construction has been completed. Outputs of the
completed project will include: 1) Over five acres of new floodplain wetland
habitat accessible to salmon during key outmigration periods; 2) Eight acres of
densely planted, native riparian and upland habitat for fish and wildlife that
maintains and improves Green River and Mill Creek shading,, and 3) 50 acre-
feet of additional flood-storage that will locally reduce maximum flood water
surface elevations.
Metrics used to evaluate the success of the project deliverables will include:
Monitoring Metric 1 -- Planted Vegetation Establishment: 100% survival of
planted species 1-year after planting; 90% survival at year 2; >=30% native
aerial cover by year 3; >=50% native aerial cover by year 5; >=60% native
aerial cover by year 7 and >=70% native aerial coverage by year 10;
Member Jurisdiction&WRIA Forum Grant Application--January 23,2012-Page�-of 5
Monitoring Metric 2 - Invasive Species Cover: <20% aerial cover of non-
native, invasive species at year 1, 2 & 3 monitoring; <10% aerial cover of non-
native, invasive species at year 5, 7 & 10 monitoring;
Monitoring Metric 3 - Hydrology / Fish Access: Approximately 1.25 days
inundation of fioodplain wetland between Jan. 1 and June 30 (primary
salmonid outmigration period);
Monitoring Metric 4 - Fish Use: Fish-use surveys of the fioodplain wetland will
be conducted when possible especially during the Jan - June salmon
outmigratlon timeframe. Results will be compared year to year and with other
Lower Green fish-use monitoring efforts (e.g. Riverview Park, Downey
Farmestead and with WRIA 9 monitoring).
Monitoring Metric 5 - Contaminated Soil Remediation: Arsenic contaminated
soil present on the project site will either be removed from the site and taken
to an approved disposal facility, or mixed down below the Ecology defined
"action level" of 20 mg/kg and stockpiled on the highest areas of the
completed project. verification testing will be conducted to ensure that
contaminant levels are below action levels within the project boundaries.
8. Project Budget&Expenses
Budget Item KCD Funds Other Funds Other Funds Total
(specify) (specify)
Salaries and Benefits
Travel/Meals/Mileage
Office/Field Supplies
Contracted/ $200,000 $806,239 $1,34S,846 $2,452,085
Professional Services SRFB/PSAR King Co.
$100,000 CWM
Waterworlcs
Land Acquisition
Permits
Other(Plants/Labor) $76,440 City $76,440
of Kent
TOTAL $200,000 $982,679 $1,345,846 $2,528,525
9. 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).
Project signage will display the KCD logo acknowledging It as a funder of this
project. Also, all literature and promotional material will be sure to thank and
acknowledge all of the grant funders.
Author 'Dtoed Signature a
Member Jurisdiction&WRIA Forum Grant Application—January 23,2o22-Page rB`of 5
BANK of AMERICA 19302
KING CONSERVATION DISTRICT 18-211250
1107 SW Grady Way Suite 130
Renton,WA 9W7
425-282-1900 3/10/2017 '
PAY TO THE City of Kent
ORDER OF $ $180,000.00
""'One Hundred Eighty'thousand and 00/100 Dollars t
DOUARSe
City of Kent
+UINl 3EHU1 t
MEMO 7NIl!'N
i
001930241 I: 1 2 50000 211,I: 000068800408q'
KING CONSERVATION DISTRICT
Payee City of Kent 1930219302
Vendor ID City of Kent Account#.- 3/10/2017
Invoice Invoice Date Description tion Amount_ -
122117 CK - '
2/21/2017 Leber Homestead Project WRIA
$180,OODAO
rot
38'a '
$180,000.00