HomeMy WebLinkAboutPW15-362 - Original - King County - Cooperative Watershed Management Grant 4.9.15.002 for Mill Creek Side Channel Leber - 11/20/2015 ►•
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CONTRACT COVER SHEET
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 game: - OV1Gl CU• Rood (Wf"I D15tyQ-'t
Vendor Dumber:
JD Edwards Number
Contract Dumber: rw i — kp
This is assigned by City Clerk's Office
Project Dame: _-_COOVXV-(AfiVC &G (, nhXCI MOVVIf. (�r Vrf-
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract
❑ Other:
Contract Effective Date: Termination Date: -31;51 Ills,
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: 9. ftAl(+rl i— Department: pW - QiVlgIacCV1V1Gi
Contract Amount:
Approval Authority: ❑ Department Director ❑Mayor ❑City Council
Detail: (i.e. address, location, parcel number, tax id, etc.):
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Project Names: Award Numbers:
1. Mill Creek Side Channel—Leber 4.9.15.002
2. Downey Farmstead Restoration Phase 1—Frager Road Relocation 4.9,15.003
AGREEMENT FOR AWARD OF
COOPERATIVE WATERSHED MANAGEMENT GRANT FUNDS
BETWEEN CITY OF KENT AND KING COUNTY
This Agreement is made between King County, a municipal corporation, and the City of
Kent ("Recipient"), for the purposes set forth herein. This Agreement shall be in effect from the
date of execution to March 31,2018.
Primary Contact for King County: Kim Harper, Grant Administrator, 206-477-6079,
Kim.harper e,kin cg ounty.gov.
Primary Contact for Recipient: Matt Knox,Environmental Ecologist, 253-856-5551,
Mknox�u,kentwa.gov.
SECTION 1. RECITALS
1.1 Whereas,the King County Flood Control District("District") is a quasi-municipal
corporation of the State of Washington, authorized to provide funding for cooperative
watershed management arrangements and actions for purposes of water quality, water
resource, and habitat protection and management;
1.2 Whereas King County is the service provider to the District under the terms of an
interlocal agreement("ILA")by and between King County and the District,dated
February 17, 2009, as amended, and as service provider implements the District's annual
work program and budget;
1.3 Whereas,the Board of Supervisors of the District, the District's governing body,passed
Resolution FCD 2014-14.3 on November 5, 2014, authorizing the King County executive
or his designee to develop and administer a grant award program of up to $4,227,272 in
2015 for water quality, water resources and habitat restoration and management projects
and activities allocated in the amounts of$839,113 for the Snoqualmie Watershed,
$1,585,227 for WRIA 8, $1,585,227 for WRIA 9, and$217,705 for WRIA 10 projects in
King County,provided that the project list is approved by the Board of Supervisors;
1.4 Whereas, in accordance with Resolution FCD2012-07.2 and in its capacity as service
provider to the District,King County has established a grant award program, called the
Cooperative Watershed Management Award Program,to fund water quality,water
resources and habitat restoration and management projects and activities;
1.5 Whereas,the Recipient submitted an application to its respective WRIA forum or
committee for the Projects and that body has recommended the Projects for funding
under the Cooperative Watershed Management Grant Program in accordance with King
County's Cooperative Watershed Management Grant Program Policies and Procedures, a
copy of which has been furnished by King County to the Recipient and which are
incorporated herein by this reference("Grant Policies and Procedures");
Page I of 11
4-1 1
Project Names: Award Numbers:
1. Mill Creek Side Channel—Leber 4.9.15.002
2. Downey Farmstead Restoration Phase 1—Frager Road Relocation 4.9.15.003
1.6 Whereas the District's Board of Supervisors has received a list of proposed projects that
includes the Projects, as described in Exhibit A attached hereto and incorporated herein
by this reference, and the Board of Supervisors has approved the Projects for funding up
to the amount of$664,227 as follows: $558,000 for the Project titled Mill Creek Side
Channel—Leber, and$106,227 for the Project titled Downey Farmstead Restoration
Phase 1 —Frager Road Relocation;
1.7 Whereas King County has received Scopes of Work and Budgets for the Projects from
the Recipient and has determined that the Scopes of Work,attached hereto and
incorporated herein as Exhibit B-1 and B-2, collectively referred to as"Scopes of Work",
and the Budgets, attached hereto and incorporated herein as Exhibit C-1 ("Budget
Summary") and C-2 ("Budget Breakdown"), collectively referred to as`Budgets", are
consistent with the Grant Policies and Procedures;
1.8 Whereas,King County and the Recipient desire to enter into this Agreement for the
purpose of establishing the terms and conditions under which King County will provide
funding from the District in accordance with the Policies and Procedures, and the
Recipient will implement the Projects.
SECTION 2. AGREEMENT
2.1. The Recitals are an integral part of this Agreement and are incorporated herein by this
reference.
2.2. King County agrees to award the Recipient an award in the total amount of$664,227
from District funds(the Award). The Award shall be used by the Recipient solely for the
performance of the Projects, as described in Exhibit A of this Agreement. King County
shall pay the Recipient in accordance with the Grant Policies and Procedures.
2.3. The Recipient represents and warrants that it will only use the Award for the Scopes of
Work of this Agreement and in accordance with the Project Budgets. The Recipient shall
be required to refund to King County that portion of the Award which is used for work or
tasks not included in the Scopes of Work.Further,the Recipient agrees that King County
may retain any portion of the Award that is not expended or remains after completion of
the Scopes of Work and issuance of the Final Report,as further described below.
2.4. Activities carried out for these Projects and expenses incurred by the Recipient may
predate the execution date of this Agreement provided that 1)they have been identified
by Recipient as being within the scopes of numbers 2) and 3)below, and have been
approved by King County as being within such scopes 2)The activities are specified in
the Scopes of Work of this Agreement; 3)the expenses are incurred in carrying out the
Scopes of Work and are authorized by the Award as identified in the Budgets of this
Agreement;4) such activities and expenses otherwise comply with all other terms of this
Page 2 of 11
Project Names: Award Numbers:
1. Mill Creek Side Channel—Leber 4.9.15.002
2. Downey Farmstead Restoration Phase 1—Frager Road Relocation 4.9.15.003
Agreement; and 5)reimbursements shall be paid to the Recipient only after this
Agreement has been fully executed.
2.5. The Recipient shall invoice King County for incurred expenses using the Request for
Payment form and Progress Report form for those documented and allowable expenses
identified in the Budgets and according to the rules set forth in the Grant Policies and
Procedures. Blank forms shall be provided to the Recipient by King County upon
execution of this Agreement. Progress reports for each project(with or without requests
for payment) shall be made no less frequently than every six months after the effective
date of this Agreement nor more frequently than every three months after the
aforementioned date.Advances may be allowed, in the discretion of King County, for
expenses anticipated to be incurred in the three months following the date of submission
of the advance Request for Payment only for work that is included in the Scopes of Work
of this Agreement, and identified as such in the Request for Payment. Documentation of
payments made from advances shall be submitted to King County prior to any further
requests for payment. Twenty percent(20%)of the Award amount will be withheld by
King County until receipt of the final Request for Payment, which shall be accompanied
with the final report, as described in Section 2.6 of this Agreement.
2.6. The Recipient shall be required to submit to King County a final report which documents
the Recipient's completion of the work in conformance with the terms of this Agreement
within thirty(30) days after the completion of the work. The final report may be
submitted at the same time as the Close-out Report form.A blank Close-out Report form
shall be provided to the Recipient by King County upon execution of this Agreement.
The final report shall include a summary of the Project's successes and shall address the
watershed benefits accomplished by the work.
2.7. The Recipient's expenditures of Award funds shall be separately identified in the
Recipient's accounting records. If requested, the Recipient shall comply with other
reasonable requests made by King County with respect to the manner in which Project
expenditures are tracked and accounted for in the Recipient's accounting books and
records. The Recipient shall maintain such records of expenditures as may be necessary
to conform to generally accepted accounting principles as further described in Section 2.8
below, and to meet the requirements of all applicable state and federal laws.
2.8. The Recipient shall be required to track project expenses using the Budget Accounting
and Reporting System for the State of Washington ("BARS") or Generally Accepted
Accounting Principles set forth by the Financial Accounting Standards Board or by the
Governmental Accounting Standards Board.
2.9. King County or its representative, and the District or its representative shall have the
right from time to time, at reasonable intervals,to audit the Recipient's books and records
in order to verify compliance with the terms of this Agreement. The Recipient shall
cooperate with King County and the District in any such audit.
Page 3 of 11
Project Names: Award Numbers:
1, Mill Creek Side Channel—Leber 4.9.15.002
2. Downey Farmstead Restoration Phase 1—Frager Road Relocation 4.9.15.003
2.10. The Recipient shall retain all accounting records and project files relating to this
Agreement in accordance with criteria established by the Washington State Archivist
Local Government Common Records Retention Schedule (CORE) as revised.
2.11. The Recipient shall ensure that all work performed by its employees, agents, contractors
or subcontractors is performed in a manner which protects and safeguards the
environment and natural resources and which is in compliance with local, state and
federal laws and regulations. The Recipient shall implement an appropriate monitoring
system or program to ensure compliance with this provision.
2.12. The Recipient agrees to indemnify, defend and hold harmless King County, and the
District,their elected or appointed officials, employees and agents, from all claims,
alleged liability, damages, losses to or death of person or damage to property arising out
of any acts or omissions of the Recipient, its employees, agents, contractors or
subcontractors in performing its obligations under the terms of this Agreement.
2.13. The Recipient agrees to acknowledge the District as a source of funding for the Project
on all literature, signage or press releases related to the Project.
SECTION 3. GENERAL PROVISIONS
3.1. This Agreement shall be binding upon and inure to the benefit of the parties and their
respective successors and assigns.
3.2. This Agreement constitutes the entire agreement between the parties with respect to the
subject matter hereof.No prior or contemporaneous representation, inducement,promise
or agreement between or among the parties which relate to the subject matter hereof
which are not embodied in this Agreement shall be of any force or effect.
3.3. No amendment to this Agreement shall be binding on any of the parties unless such
amendment is in writing and is executed by the parties. The parties contemplate that this.
Agreement may from time to time be modified by written amendment which shall be
executed by duly authorized representatives of the parties and attached to this Agreement.
3.4. Each party warrants and represents that such party has full and complete authority to
enter into this Agreement and each person executing this Agreement on behalf of a party
warrants and represents that he/she has been fully authorized to execute this Agreement
on behalf of such party and that such party is bound by the signature of such
representative.
3.5. The Projects shall be completed by no later than March 31,2018. In the event that the
Projects are not completed by this date,King County has the discretion,but not the
obligation,to terminate this Agreement and retain any unexpended Award funds.
3.6. This Agreement may be signed in multiple counterparts.
Page 4 of 11
Project Names: Award Numbers:
I. Mill Creek Side Channel—Leber 4.9.15.002
2. Downey Farmstead Resluralion Phase I—Frager Road Relocation 4.9.15.003
3.7. If any provision of this Agreement shall be wholly or partially invalid or unenforceable
under applicable law,such provision will be ineffective to that extent only,without in any
way affecting the remaining parts or provision of this Agreement,and the remaining
provisions of this Agreement shall continue to be in effect.
3.8. The amount of the Award has been fully funded by the District. To the extent that
funding of the Award requires future appropriations by the King County Council,King
County's obligations are contingent upon the appropriation of sufficient funds by the
King County Council to complete the Scope of Work. If no such appropriation is made,
this Agreement wilt terminate at the close of the appropriation year for which the last
appropriation that provides funds under this Agreement was made.
This document has been approved as to form by the King County Prosecuting Attorney's Office
as of July 15,2012.
KING COU TY: RECIPIENI':
Name Name �t! tl�t �llo/je
Title pt 909� 'L tVLX-VMA&wl Title
Date �v J )ate
Page 5 of 11
Project Names: Award Numbers:
1. Mill Creek Side Channel—Leber 4.9.15.002
2. Downey Farmstead Restoration Phase 1—Frager Road Relocation 4.9.15.003
EXHIBIT A: Project Descriptions
WRIA PROJECT RECIPIENT DESCRIPTION MATCH AWARD
The City will construct a floodplain wetland off
Mill Creek- of Mill Creek providing 1.8 acres of floodplain
Leber habitat below the ordinary high water mark
9 Restoration City of Kent and 5.4 acres below the 100-year flood height $1,619,853 $558,000
Project providing flood refuge habitat for juvenile
salmonids.
As the first phase of the project, Frager Road
Downey on the Downey site will be relocated away
Farmstead from the river's edge to allow future creation
of the side channel network and expanded
9 Restoration City of Kent floodplain.A later subsequent phase will $752,946 $106,227
Project— create the side channel which will increase
Phase 1 rearing and flood refuge habitat for juvenile
salmonids.
TOTALS $2,372,799 $664,227
Project Location:
Mill Creek Side Channel—Leber: Lower Green-Duwamish Watershed near the confluence of Mill Creek
and the Green River at approximately river mile 23.7.
Downey Farmstead Restoration Project Phase 1—Frager Road Relocation: Lower Green-Duwamish
Watershed near the confluence of Mullen Slough and the Green River between river mile 21.5 and 22.3.
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Lower Green River Projects
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Page 6 of 11
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Project Names: Award Numbers:
1. Mill Creek Side Channel—Leber 4.9.15.002
2. Downey Farmstead Restoration Phase 1—Frager Road Relocation 4.9.15.003
EXHIBIT B-1: Scope of Work for Mill Creek Side Channel - Leber
TASKS OUTLINED DESCRIPTION OF ACTIVITIES AND PRODUCTS ESTIMATED DATES
PERCENT OF Task will be
TOTAL completed by
BUDGET
Task 1: The City of Kent will hire a contractor to complete construction of the 100% December
project. Contractor will carry out the following: 2017
Construction, • Mobilization for construction including signage,traffic control.
earthworks . Excavation,haul and disposal of approximately 90,000 CY of
and plantings material for the floodplain wetland including grading of the
channel slopes and upland areas,erosion control and
streambank stabilization.
• Placement of 43 large wood structures within the newly
excavated side channel.
• Planting of 30,723 willow,red twig dogwood and black
cottonwood live stakes,12,728 upland and riparian trees and
shrubs.
• Removal of a 2,930 CY earthwork plug after 1-year of
establishment to connect the newly excavated area to Mill
Creek. Install wooden split rail fencing and gate.
City of Kent will deliver:
• A copy of the fully executed contract(Contract)between the
city and the selected contractor prior to any work being carried
out by the contractor.
• Documentation that the terms and conditions of the Contract
have been carried out to the satisfaction of the city(to include,
but not to be limited to,copies of continuations sheets,release
of funds to contractor and other approving documents
generated by the city,final acceptance of Contractor
deliverables).
Task 2: A monitoring,maintenance and adaptive management plan will evaluate 0% December
the success of the project and lay-out management responses once 2017
Maintenance project construction has been completed. Outputs of the completed
and project will include: 1)over five acres of new floodplain wetland habitat
Monitoring of accessible to salmon during key outmigration periods;2)seven acres of
Project begins densely planted,native riparian and upland habitat for fish and wildlife
that maintains and improves Green River and Mill Creek shading;and 50-
acre feet(over 16,000,000 gallons)of new flood-storage that will help
reduce peak flood-heights and flooding in the Kent Valley.
Permits/ State all required project permits and authorizations: Completed
permission -Hydraulics Project Approval Permit#128467-1 received 11/29/12,expires
11/28/17
-Nationwide Permit#NWS-2012-537 received 9/14/12,expires 3/18/18
-SEPA#2121653;ENV#2012-13 received 8/27/12
-Shoreline Exemption#SME-2013-12 received 9-10-13
Credits How,where and when this grant fund will be acknowledged: Throughout
Grant funding will be acknowledged on all signage,press materials, project
project brochures,project information on the City of Kent website,etc.
Final report Submit a final report and the financial closeout documentation.Cannot be January
later than 30 days after the end date of the project. 2018
Page 7 of 11
Project Names: Award Numbers:
1. Mill Creek Side Channel—Leber 4.9.15.002
2. Downey Farmstead Restoration Phase 1—Frager Road Relocation 4.9.15.003
EXHIBIT B-2: Scope of Work for Downey Farmstead Restoration Project Phase 1—Frager Road
Relocation
TASKS OUTLINED DESCRIPTION OF ACTIVITIES AND PRODUCTS ESTIMATED DATES
PERCENT OF Task to be
TOTAL completed by
BUDGET
Task 1: The City of Kent will hire a contractor to complete construction of the 100% August 2016
road project. Contractor will carry out the following:
Road • Mobilization for construction including signage,traffic control
construction • Erosion control,clear and grub 4 acres for road site
project . Excavate,haul and compact 28,000 cubic yards suitable road
embankment material,import additional embankment,prepare
subgrade for new road,demo and remove 7,400 sy of existing
road
• Pave 2,200 LF of new roadway,install guardrails,signage and
striping
• Construct replacement 6 vehicle parking area
• Seed,fertilize and mulch road shoulder drainage area
City of Kent will deliver:
• A copy of the fully executed contract(Contract)between the
city and the selected contractor prior to any work being carried
out by the contractor.
• Documentation that the terms and conditions of the Contract
have been carried out to the satisfaction of the city(to include,
but not to be limited to,copies of continuations sheets,release
of funds to contractor and other approving documents
generated by the city,final acceptance of Contractor
deliverables)
Permits/ State all required project permits and authorizations: March 2016
permission -Clear and Grade Permit—pending from King County
-Section 404 Permit—under Nationwide Permit#NWS-2013-230
-Nationwide Permit#NWS-2013-230,received 12/23/14,expires 5/18/17
-HPA permit#132795-1,received 1/30/14
-SEPA#2130459,received 12/12/13
-Water Quality Certification(Section 401)completed along with 404
permit;
WA State Department of Natural Resources Aquatic Use Permit,pending
-King County and City of Kent Shoreline Exemption,pending; <
-King County Road Vacation Permit,pending
Credits How,where and when this grant fund will be acknowledged: Throughout
Grant funding will be acknowledged on all signage,press materials, project
project brochures,project information on the City of Kent website,etc.
Once grants are secured and contract is awarded,funding will be
acknowledged beginning April 2016.
Final report Submit a final report and the financial closeout documentation.Cannot be September
later than 30 days after the end date of the project. :.• 2016
�E
Page 8 of 11
Project Names: Award Numbers:
1. Mill Creek Side Channel—Leber 4.9.15.002
2. Downey Farmstead Restoration Phase 1—Frager Road Relocation 4.9.15.003
EXHIBIT Cl: Budget Summary
Mill Creek Side Channel—Leber Downey Farmstead Restoration Combined Projects
Phase 1—Frager Road Relocation
Award Match Total Award Match Total Award Match Total
c
291,658 291,658
143,568 143,568 435,226 435,226
y
CL
g a
3 716,852 716,852 106,227 147,443 147,443 106,227 864,295 970,522
"
a N
V y
d d
£ 558,000 439,000 997,000 461,935 461,935 558,000 900,935 1,458,935
o °1
L
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172,343 172,343 172,343 172,343
O
c 558,000 1,619,853 2,177,853 106,227 752,946 859,173 664,227 2,372,799 3,037,026
0
Page 9 of 11
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PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
\S7.40 Phone: 253-856-5500
K�lii-[. Fax: 253-856-6500
W A 5 H I N G T O N
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: September 23, 2015
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: October 5, 2015
From: Mike Mactutis, Environmental Engineering Manager
Through: Timothy J. LaPorte, P.E., Public Works Director
Subject: King County Flood Control District Cooperative Watershed Management
Grant, Project Funding Agreement for Mill Creek Side Channel -Leber
and Downey Farmstead Restoration projects
Motion: Recommend authorization for the Mayor to sign the King County
Cooperative Watershed Management Grant (CWM) in the amount of
$664,227, ($558,000 for Mill Creek Side Channel - Leber and $106,227 for
Downey Farmstead projects), direct staff to accept the grant and establish
a budget for the funds to be spent within the Mill Creek Side Channel
(Leber) Restoration project and Downey Farmstead project.
Summary: The Mill Creek Side Channel-Leber project was previously funded for
clearing, grubbing and under planting of the project site completed in March 2015.
This grant in the amount of $664,227 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.
The Downey Farmstead project was previously funded for final design and
permitting. This grant in the amount of $106,227 will provide additional funding for
the first phase of the project, relocating Frager Road from the river's edge to the
southern property boundary, adjacent to SR 516, to maximize the site to allow
future creation of the side channel network and expanded floodplain. The road
relocation is scheduled to begin in 2016.
Budget Impact: The Cooperative Watershed Management Grant agreement in the
amount of $664,227 provides $558,000 for final phase of construction for the Mill
Creek Side Channel - Leber Restoration project. The match consists of grant
funding from Salmon Recovery Funding Board and Puget Sound Action Recovery
Funds totaling $1.6 million and City matching funds of $76,440 which is the value of
plant material we are providing.
The CWM grant provides $106,227 for relocation of Frager Road on the Downey
Farmstead project site. The match consists of grant funding from Salmon Recovery
Funding Board and Puget Sound Action Recovery funds totaling $700,000 and City
matching funds of $52,946 for project management.
1!T REQUEST FOR MAYOR'S SIGNATURE
t,
K�171 l .i h j-C``+tor eu Pap,er
w,,,rNoro
Routing Information:
(ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Approved by Director
Originator: - �� Phone (Originator):
Date Sent: / r,,e Date Required: �+ �-z
Retur Signed Docum nt to: Contract Termination Date:
VENDOR NAM Date Finance Notified:
l Pt_+lfi' `'!�> �� (Only required on contracts
►h �G°�'� r ( ^' 20 000 and over or on any Grant
DAT OF COUNCIL APPROVAL: Date Risk Manager Notified:
(Required on Non-City Standard Contracts/Agreements)
Has this Document been Specifically Account Number: aY)��Iz�'k- - C��`•7
Authorized in the Budget. YESUNO
Brief Explanation of Document:
14 Cu• F-10CA C � 't���I -015rr;(-t ( IZA�I'V a
► y^
C�� ��� 1 Cry ► 5►�� -
All Contracts Must Be }pouted Through The Law Department
(This area to etej Iy, l eV� Department)
Received:
Approval of Law Dept.:
Law Dept. Comments:
Date Forwarded to Mayor:
Shaded Areas To BAS Tlwly A iliistration Staff
Received:
Recommendations and Comments:RL
� �•A•`
fi �t°�
,�!oy in
Date Returned: C`sr the
21,5
P.Civil\Forms,Document Procassing\P,eyuest far fvlayor's signaw-d..
CITY OF KENT
CITY CLERK
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