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HomeMy WebLinkAboutPW17-030 - Original - King Conservation District - WRIA Forum Grant Green-Duwamish-Central Puget Sound Watershed Forum (WRIA 9) - 04/19/2016 G e Re (-," rds ❑ ! 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