HomeMy WebLinkAboutPW15-364 - Amendment - #1 - State of WA Recreation & Conservation Office - Mill Creek Side Channel - 06/29/2017 l
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CONTRACTCOVER SHEET
This is to be completed by the Contract Manager prior to submission.
to the City Clerk's Office. All portions are to be completed.
If you have questions, please contact the City Clerk's Office at 253-556-5725.
Vendor Name: State of Washington R.CO t a FF7'
Vendor Number:
JD Edwards Number
Contract Number: "
This is assigned by City Clerk's Office
Project Name: Mill Creek Side Channel Leber 2014 Amendment #1
Description: ❑ rnterlocal Agreement ❑ Change Order F2 Amendment ❑ Contract
2 Other: Grant
Contract Effective Date: 6/29/17 Termination Date: 3/30/18
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Matt Knox Department: PW - Engineering
Contract Amount: 806 238.53 (Grant.)
Approval Authority:. ❑ Director [:] Mayor Z', City Council 10 21 15 —Meeting Date
Detail: (i.e. address, location, parcel number, tax id, etc.):
Amendment will reduce required wmatch to 5% to allow City to recoup full grant
allocation for project costs.
OT
KENT
Agenda Item: Consent Calendar - 7 «
TO: City Council
DATE: October 21, 2015
SUBJECT: 'Washington State Recreation and Conservation Office Salmon Recovery
Funding Board Project Funding Agreement for Mill Creek Side Channel -
Leber Restoration Project - Authorize
MOTION: Authorize the Mayor to sign the 'Washington State Recreation and
Conservation Office Salmon Recovery Funding Beard (SRFB) agreement for
Mill Creek Side Channel - Leber project, and direct staff to accept the grant
and establish a budget for the project, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director.
SUMMARY: The City of Kent proposes to construct a floodplain wetland off of Mill Creek
providing 1.8 acres of floodplain habitat along the water"s edge and 5.4 acres along the
banks near the confluence with the Green River. The design was funded by SRFB grants
#05-1519 and #10-1125 clearing, grubbing and planting of understory were funded by #13-
1008.
This last increment of funding will be used to complete the remaining phase of construction
and will include: 1000 LF of new off-channel habitat; 43 log structures designed to maximize
salmon habitat, removal of invasive vegetation; improvement of more than five acres of
riparian and two acres of upland plantings to increase diversity, density and shading with a
focus on increasing conifer density.
This grant in the amount of $806,238.53 will provide additional funding for final construction
to begin in 2016. Once completed, the restoration project will create off-channel habitat in
the Green River near the confluence of Mill Creek, will increase floodplain refuge habitat for
Chinook and other salmonids, enhance riparian habitat, and restore floodplain functions,
The 8.6 acre site is owned by the City and is also known as Leber Homestead.
EXHIBITS: Salmon Recovery Funding Board Project Agreement
RECOMMENDED BY: Public Works Committee
YEA: Fincher, Higgins NAY:
BUDGET IMPACTS: The Salmon Recovery Funding Board Grant agreement in the amount
of $806,238.53 provides funding for construction for the Mill Creek Side Channel - Leber
Restoration project. The match consists of previous grant funding from King County
Cooperative Management Grant, Salmon Recovery Funding Board, Puget Sound Acquisition
and Restoration Funds and City matching fund for the value of planting materials provided,
totaling $2.4 million.
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PO Box 40917 ' E-mail: info@r,r:.,o.wa.gov
Olynrtalra WA`8504-091 Web site:www.i,(,,o.wa.gov
; Td�`r o w!'a stM498�C.�T'CJ�d
RECREATION AND CONSERVATON OFFICE
June 29, 2017
Michael Mactutis
City of Kent
20 Fourth Ave S
Kent, WA 98032-5895
RE: Mill Creek Side Channel (Leber 2014), RCO #14-1001 R
Amendment # 1
Dear Mr. Mactutis:
In response to your request to amend the above-referenced Project Agreement, we have
reviewed the circumstances and pertinent RCWs, WACs, and program policies relating to your
request. As a result, I am approving an amendment to the Mill Creek Side Channel (Leber
2014) project,
Enclosed are two original amendments to the Project Agreement. Please sign both
amendments, retain one for your records, and return one original. If you have any questions,
please call Amee Bahr at (360) 725-3943, or send an e-mail to Amee.Bahrrco.wa.gov.
Sincerely,
Kaleen Cottingham
Director
Enclosures
R c,,cu(.zafiior7 marl Conservation Funding Fowr.1-,SaVrnon t=t000very FUnding Board
Washinglc)n Invasive, Specics wwaorind an M Sahara Governors Sara l:toa.:ovr ry 01fice
AMENDCvR,RPT t-ahilaat and 11sasre a61on V...orads Coorrdirmtinq "`-troaala iio�
WASHINGTON STATE
Recreation and
Conservation Office Amendment to Project Agreement
Project Sponsor: City of Kent Project Number: 14-10�01R
Project Title: Mill Creek Side Channel (Leber 2014) Amendment Number: 1
Amendment Type:
Cost Change
Amendment Description:
Reduce match to 35.455% to allow reimbursement of construction costs incurred by the city during completion of
the project. These costs are NOT associated with the contaminated soil cleanup.
Project Funding:
The total cost of the project for the purpose of this Agreement changes as follows:
Old Amount New Amount
Amount % Amount %
RCO- PSAR $478,885,53 26.51% $478,885.53 3&34%
RCO- SALMON FED PROD $327,353.00 18A2% $327,353.00 26,21%
Project Sponsor $1,000,000.00 55.36% $442,881.84 35A6%
Total Project Cost $1,806,238.53 100% $1,249,120.37 100%
Admin Limit $0�00 5,00% $0.00 5,00%
A&E Limit $400,570.36 28.50% $277,018.01 28.50%
Agreement Terms
In all other respects the Agreement, to which this is an Amendment, and attachments thereto, shall
remain in full force and effect. In witness whereof the parties hereto have executed this Amendment.
State Of Washington City of Kent
Recreation and Conservation Office
AGENCY:
BY; BY:
Kaleen Cottinqham
TITLE: Director
TITLE:
DATE: 7
I le DATE:
Pre-approved as to form:
BY: /S/
Assistant Attorney General
PSAR Project Cost Change Amendment
General Fund- Federal RCW 77.85,WAC 420
AMENAGR1 rRPT
Amendment Agreement Description
Project Sponsor: City of Kent Project Number: 14-1001 R
Project Title: Mill Creek Side Channel (Leber 2014) Amendment Number: 1
Agreement Description
City of Kent proposes to construct a floodplain wetland off of Mill Creek providing 1.8 acres of floodplain habitat below
the OHWM and 5.4 acres below the 100-year flood height near the confluence of the Green River at RM 23.7. The
design was funded by SRFB#05-1519, #10-1125 and the clearing &grubbing, planting of understory phase of
construction funded by#13-1098.
This last increment of funding will be used to complete the remaining phase of construction and will include: 1000 LF of
new off-channel habitat; 43 log structures designed to maximize salmon habitat; removal of invasive vegetation; improve
more than five acres of riparian and two acres of upland plantings to increase diversity, density and shading with a focus
on increasing conifer density in particular. Once complete, the overall restoration project will increase floodplain refuge
habitat for Chinook and other salmonids, enhance riparian habitat, and increase floodplain storage. The side channel will
be subject to backwater approximately 125 days per year when outmigrating salmon numbers are greatest. When water
flows into the off-channel area, juvenile salmonids will find cover, food and protection from floor!flows. Coho, Chinook,
chum and pink salmon, cutthroat and steelhead trout populations make extensive use of Mill Creek.
AAGREEDSC.RPT June 29,2017 Page 1
Amendment Special Conditions
Project Sponsor: City of Kent Project Number: 14-1001 R
Project Title: Mill Creek Side Channel (Leber 2014) Amendment Number: 1
Special Conditions
ASPECCONDAPT June 29, 2017 Page 1
Amendment Special Conditions
a. Disclosure notice:
Projects funded with state Salmon Recovery Funding Board and Puget Sound Acquisition and Restoration money may
be used by RCO, the Puget Sound Partnership or Northwest Indian Fisheries Commission as match to one of the
following federal assistance agreements: 1) United States Department of Commerce Catalog of Federal Domestic
Assistance Number 11.438, or 2) United State Environmental Protection Agency Catalog of Federal Domestic Assistance
Numbers 66.123 and 66.456.
b. PSAR funded projects:
Any signage or press materials must acknowledge the Puget Sound Acquisition and Restoration Fund as well as RCO
as a fund source.
c. PSAR Funding Expiration Date:
The$186,885.53 in 2013-15 PSAR funding must be expended by June 30, 2017 and expenses invoiced to RCO by July
31, 2017. Unexpended 2013-15 PSAR funds remaining in the project agreement after August 31, 2017 will be amended
out of this project agreement and returned to the Puget Sound Partnership.
d. Cultural Resources Consultation:
This project is subject to Governor's Executive Order 05-05 Archaeological and Cultural Resources (EO 05-05) as
described in Section 9 of this project agreement. RCO completed cultural resources consultation following EO 05-05 for
all ground disturbing activities under the Design grant in February, 2012 (Attachment Nos. 192128, 174273, 174259,
192130).
In the event that archaeological or historic materials are discovered during project activities, work in the location of
discovery and immediate vicinity must stop instantly; the area must be secured, and notification must be provided to
concerned Tribe's cultural staff and cultural committees, the Recreation and Conservation Office, and the State
Department of Archaeology and Historic Preservation. If human remains are discovered during project activity, work in
the immediate vicinity must stop, the area must be secured, and notification must be provided to concerned Tribe's
cultural staff and cultural committees, the Recreation and Conservation Office, the State Department of Archaeology and
Historic Preservation, the coroner and local law enforcement in the most expeditious manner possible according to RCW
68.50.
e. Construction Design Deliverables:The project will meet the standards for Design and Restoration Project
Deliverables described in Manual 18 Appendix D"Construction and "Design Build" Deliverables."The final designs
(Attachment No. 174270)completed with funding from Project Agreement 10-1125 will be updated to address the
following review panel comments:
"As the project design is finalized, the Review Panel would encourage providing as much curvilinear shoreline habitat as
possible given the site constraints. Juver.i!e salmon benefit most from "ed2. e" habitat and the accompanying diversity and
complexity of cover, water depths, detritus inputs from vegetation, and primary and secondary productivity. The project
would benefit from more channel-like features rather than pond features because a reduction of open water shallow
habitats helps to reduce avian predation and thermal gain. While large wood provides good cover it's also expensive,
and the project is producing so much excavated material that it would be good to know if vegetated islands were
explored, as an alternative during design... consider cost savings with materials already on hand."
For this project agreement, the sponsor will 1) update the final designs in response to the SRFB Technical Review Panel
comments(See response to Review Panel Comments in Attachment No. 193553) including a Final Design memo to be
submitted before construction begins; 2) Complete the construction phase deliverables (including As-built design
documents) and 3) prepare a stewardship plan in accordance with the SRFB Manual 18.
f. Contaminated Soils Remediation Ineligible:
In 2014 City of Kent hired AMEC to conduct soils testing which determined arsenic concentrations in some areas of the
site above 20 ppm requiring remediation.
Before putting this project out to bid, the sponsor will secure approval from RCO on a plan to 1) manage the
contaminated soil clean-up and remediation in compliance with applicable state and federal laws and 2) segregate
associated clean-up costs from the restoration project excavation costs. The costs of the contaminated soil clean-up
including soil removal, transportation, and disposal are ineligible for reimbursement or match under this project
agreement.
ASPECCONDAPT June 29, 2017 Page 2
Amendment Eligible Scope Activities
Project Sponsor: City of Kent Project Number:14-1001
Project Title: Mill Creek Side Channel (Leber 2014) Project Type:Restoration
Program: Puget Sound Acq. & Restoration Amendment#: 1
Restoration Metrics
Worksite #1, Mill Creek - Green River Confluence
Targeted salmonid ESU/DPS (A.23): Chinook Salmon-Puget Sound ESU,
Chum Salmon-Puget Sound/Strait of
Georgia ESU, Coho Salmon-Puget
Sound/Strait of Georgia ESU, Pink
Salmon-Odd year ESU,
Steelhead-Puget Sound DPS
Targeted species (non-ESU species): Bull Trout, Cutthroat
Miles Of Stream Treated/Protected (C.O.b): 0.30
Project Identified In a Plan or Watershed Assessment(C.O.c): WRIA 9 Green/Duwamish and Central
Puget Sound Watershed Salmon Habitat
Plan-August 2005, priority project LG-7
Lower Mill Creek Floodplain Wetland
and Habitat Restoration
Type Of Monitoring (C.O.d.1): None
Instream Habitat Project
Total Miles Of Instream Habitat Treated (C.4.b): 0.30
Mouth of the new channel, plus 2,000 Ift
of edge habitat.
Channel reconfiguration and connectivity (C.4.c.1)
Type of change to channel configuration and connectivity (CA.c.2): Creation/Connection to Off-Channel
Habitat
Miles of Stream Treated for channel reconfiguration and connectivity 0.03
(CA.c.3):
Mill Creek at new side channel
connection.
Miles of Off-Channel Stream Created (C.4.c.4): 0.30
Mill Creek connection and new side
channel.
Acres Of Channel/Off-Channel Connected Or Added (C.4.c.5): 2.0
1.8 acres of off-channel acres.
Instream Pools Created/Added (C.4.c.6): 0
Channel structure placement(C.4.d.1)
Material Used For Channel Structure (C.4.d.2): Logs Fastened Together(Logjam),
Other Engineered Structures,
Rocks/Boulders(Unanchored)
Miles of Stream Treated for channel structure placement(C.4.d.3): 0.30
Acres Of Streambed Treated for channel structure placement 1.8
(CAAA):
in new aquatic habitat area below OHW
Pools Created through channel structure placement(C.4.d.5): 0
Yards Of Average Stream-Width At Mid-Point Of Worksite (C.4.d.6): 15
New Channel width
Number of structures placed in channel (C.4.d.7): 43
Riparian Habitat Project
Total Riparian Miles Streambank Treated (C.5.b.1): 0.30
Creek mouth and both sides of new
channel
AELIGREIM.RPT June 29,2017 Page: 1
Amendment Eligible Scope Activities
Total Riparian Acres Treated (C.5.b.2): 7.0
Excavted areas adjacent to the new
channel
Planting (C.5.c.1)
Acres Planted in riparian (C.5.c.3): 7.0
8.6 total acres-(2 acres planted
understory in 13-1098) -(1.8 acres
aquatic habitat)
Miles of streambank planted (C.5.c.4): 0.30
Riparian Plant removal I control (C.5.h.1)
Acres of riparian treated for plant removal/control (C.5.h.3): 4.0
Miles of streambank treated for plant removal/control (C.5.h.4): 0.03
Architectural & Engineering
Architectural & Engineering (A&E)
AELIGREIM.RPT June 29,2017 Page: 2
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