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HomeMy WebLinkAboutPW18-074 - Original - King County - Downey Farmstead Side Channel Restoration: Award Number 4.9.17.001 - 02/26/2018 I,IIIu I����IliUil��il it lll,l d/ ecor s M ;. 71',07 4.."4�6 gemen" KENT '` '�°���� Document WASHiKaTON y f% CONTRACT COVER 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 253-856-5725. Vendor Name: King Count Vendor Number: .ID Edwards Number Contract Number: 91� - ()-� 5 (a-Vvl i& -- Cf-7'-� This is assigned by City Clerk's Office Project Name: Downey Farmstead Side Channel Restoration & Frager Road Utility Description: ❑ Interlocal Agreement ❑ Change Order M Amendment ❑ Contract M Other: Grant Contract Effective Date: When Signed Termination Date: 4 30 21 Contract Renewal Notice (Days): Number of days required notice fort renewal or amendment Contract Manager: Matt Knox Department: PW-Eng Contract Amount: $882,799 (4,9.17.001) & 5120 000 (4.9.17.00.2) Approval Authority: ❑ Director Mayor M City Council 01-16-18 Meeting Date Xk Detail: (i.e. address, location, parcel number, tax id, etc.): This-grant-agreement-is-for$88- 799 for-Do-wf.i�y--Farmstead--hab3 t-at-rest-or-at-ior4-a-d $120,000 to move utilities along Frager Road out of the way of the future habitat project, Project Names: Award Numbers; Project No. l: Downey Farmstead Side Channel Restoration 4.9.17.001 Project No. 2: Downey Farmstead Restoration—Frager Road Utility Relocation 4.9.17.002 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 City of Kent ("Recipient"), for the purposes set forth herein. This Agreement shall be in effect from the date of execution to April 30, 2021. Primary Contact for King County: Kim Harper, Grant Administrator, 206-477-6079, Kim.haMer ,kin county.gov. Primary Contact for Recipient: Matt Knox, Environmental Ecologist, 253-856-5551, Mknox(i,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 "Board"), the District's governing body, passed Resolution FCD 2016-20.2 on November 7, 2016,authorizing the King County executive or his designee to develop and administer a grant award program of up to $4,390,296 in 2017 for water quality, water resources and habitat restoration and management projects and activities allocated in the amounts of$871,474 for the Snoqualmie Watershed, $1,646,361 for WRIA 8, $1,646,361 for WRIA 9, and $226,100 for WRIA 10 projects in King County, provided that the project list is approved by the Board; 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 applications to its respective WRIA forum or committee for the Projects, as described in Exhibit A attached hereto and incorporated herein by this reference, 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 Page 1 of 8 Project Names: Award Numbers: Project No. 1: Downey Farmstead Side Channel Restoration 4.9.17.001 Project No. 2: Downey Farmstead Restoration—Frager Road Utility Relocation 4.9.17.002 copy of which has been furnished by King County to the Recipient and which are incorporated herein by this reference ("Grant Policies and Procedures"); 1.6 Whereas the District's Board of Supervisors has received a list of proposed projects that includes the Projects, and the Board of Supervisors has approved the Projects for funding up to the amount of$1,002,799 as follows: $882,799 for the Project titled "Downey Farmstead Side Channel Restoration", and$120,000 for the Project titled"Downey Farmstead— Frager Road Utility 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 ("Budget Summary"), 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$1,002,799 from District funds (the Award). The Award shall be used by the Recipient solely for the performance of the Projects. 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 Agreement; and 5) such activities and expenses do not occur prior to the date the grants Page 2 of 8 Project Names: Award Numbers: Project No. I: Downey Farmstead Side Channel Restoration 4.9.17.001 Project No. 2: Downey Farmstead Restoration— Frager Road Utility Relocation 4.9.17.002 were approved by the District and 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. A Progress Report form shall be submitted with all payment requests. A one-time advance 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. 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 on the Close-out Report form unless a more detailed final report is specified in the scope of work. 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 8 Project Names: Award Numbers: Project No. l: Downey Farmstead Side Channel Restoration 4.9.17.001 Project No.2: Downey Farmstead Restoration—Frager Road Utility Relocation 4.9.17.002 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, signagc 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 April 30, 2021. 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 8 Project Names: Award Numbers: Project No. l: Downey Farmstead Side Channel Restoration 4.9.17,001 Project No. 2: Downey Farmstead Restoration—Frager Road Utility Relocation 4.9.17.002 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 will terminate at the close of the appropriation year for which the last appropriation that provides fiends 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, 2016. KING COUNTY: RECIPIENT: By ��---�--� - —. By Name TOG k 2�la_� l� Name oa- Title !i(-Cc� �" , L�l'R t) DN2P Title Date_ 5 / -) /i 6 Date Page 5 of 8 Project Names: Award Lumbers: Project No. 1: Downey Farmstead Side Channel Restoration 4.9.17.001 Project No.2: Downey Farmstead Restoration— Frager Road Utility Relocation 4.9.17.002 EXHIBIT A: Project 'Descriptions WRIA PROJECT RECIPIENT DESCRIPTION MATCH AWARD The City of Kent will construct nearly 2,000 LF of side channel to the Green River to Downey Farmstead provide rearing and refuge habitat for 9 Side Channel threatened Chinook and other salmon $937,003 $882,799 species. The project will also provide 130- Restoration [(! acre feet of flood storage to reduce i flooding in nearby urban and agricultural areas. City of Kent In order to create space for the future full- build out of the Downey Farmstead project Downey Farmstead and to maximize shading and habitat Restoration—Frager creation,the current utilities(Puget Sound Road Utility Energy and CenturyLink)that serve homes $80,000 $120,000 Relocation along Frager Road need to be moved out of the way(they currently bisect the future habitat area). This grant request will partially fund utility relocation. TOTALS $1,017,003 $1,002,799 Project Location Lower Green-Duwamish Watershed near the confluence of Mullen Slough and the Green River between RM 21.5 and RM 22.3. 5 110 ST t S 196 ST S 212 SSTI y $ 1 0- ?' ` S 22i3STl i V,> - 1a1 , r ✓`� r s ¢¢ ti ► ,.,JAMBES,ST+ r�• y ote I &SPAITH ST MESKER! , t a i I C 1f� f W f S U y UJ t � 5 272 ST > i i Page 6 of'8 Project Names: Award Numbers: Project No. 1: Downey Farmstead Side Channel Restoration 4,9.17.001 Project No. 2: Downey Farmstead Restoration—Frager Road Utility Relocation 4.9.17,002 EXHIBIT B-1: Scope of Work for Downey Farmstead Side Channel Restoration Task Title Estimated Month/Year Task Description(Include Activities and Deliverables) Percent of Task will be Total Budget Completed Task 1:Project Submit reimbursement request forms,backup documentation for billing,and Administration progress reports at least every 6 months.Submit a Fiscal Closeout form and a 0% As needed Closeout Report form with the final reimbursement request. Task 2: Construction Contract to build the side channel network including: • Mobilization for construction including signage,traffic control • Erosion control,clear and grub and remove trees(to be used as slash in engineered logjams); • Excavate,haul and dispose of 240,000 CY of soil including isolation 90% Dec.2019 of new channel from main Green River flow to build the side channel connections and engineered logjams; • Importing and incorporating compost into the finished soils; • Construction and placement of 50 large wood structures; • Planting of over 40,000 native plants; • Installing erosion control fabric and mulching and/or seeding all exposed surfaces. Task 3: Contract management,inspection and administration 10% Tar.2021 EXHIBIT B-2: Scope of Work for Downey Farmstead Restoration — Frager Road Utility Relocation Task Title Estimated Month/Year Task Description(Include Activities and Deliverables) Percent of Task will be Total Budget Completed Task 1:Project Submit reimbursement request forms, backup documentation for billing,and Administration progress reports at least every 6 months.Submit a Fiscal Closeout form and a 2% As needed Closeout Report form with the final reimbursement request. Task 2: Engineering,design and installation(including inspection)of poles on either side of river,install guying for poles,frame poles,trench and tie into existing underground conduit on west side of river to new pole and install new 0% June 2018 junction vault. For CenturyLink utility, include 250'of directional bore to place new PVC to connect to new PSE pole. Task 3: Secure Aquatic Utility Easement from WA State DNR for aerial crossing of river 5% December 2019 Task 4: Run new cable through conduit,splice existing cable and string new PSE power cable across river to new poles,test and activate new facility and 70% March 2019 remove existing poles and line along Frager Road. Task 5: Run new cable through conduit,splice existing cable and string new CenturyLink cable to PSE poles,test and activate new connection,and remove 23% March 2019 existing cable along Frager Road. Page 7 of 8 Project Namcs: Award Numbers: Project No. 1: Downey Farmstead Side Channel Restoration 4.9.17.001 Project No. 2: Downey Farmstead Restoration - Frager Road Utility Relocation 4.9.17.002 EXHIBIT C: Budget Summary Grant Award Amount Budget item Downey Farmstead Downey Farmstead- Side Channel Frager Road Utility Totals Restoration Relocation Staffing $73,378 $2,000 $75,378 Project Supplies $1,S33 $1,533 Commercial Services&Crew Time $733,777 $118,000 $851,777 Other(Taxes on Construction) $74,111 $74,111 Total $882,799 $120,000 $1,002,799 Puge 8 ol'8 ' d • KENT :Ns SHE nf,r p . TO: City Council Agenda Item: DATE: January 16, 2018 SUBJECT: Cooperative Watershed Management (CWM) Grant for Downey Farmstead Restoration Project - Accept MOTION: Authorize the Mayor to sign a grant agreement with King County accepting Cooperative Watershed Management grants in the amount of $1,002,799 for Downey Farmstead Restoration and Frager Road Utility Relocation, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The City of Kent proposes to construct nearly 2,000 LF of side channel tributary to the Green River to provide rearing and refuge habitat for threatened Chinook and other salmon species. This grant agreement will fund $882,799 of the expected $5.8 Million habitat construction cost and will also provide $120,000 of additional funding to move utilities (Puget Sound Energy and CenturyLink) out of the way of the habitat work. EXHIBITS: Cooperative Watershed Management Grant Agreement RECOMMENDED BY: Public Works Committee YEA: Fincher, Troutner, Higgins NAY: BUDGET IMPACTS: Previous grants in the amount of $884,057 have been secured to relocate Frager Road out of the way of the future habitat work (Phase I). These new grants help provide match for the previous grants and bring the total grant funding for this project to $1,886,856 to date. Future grant allocations are expected in 2018 and 2019 to fund construction of the project. 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King County Water and Land Resources Division Department of Natural Resources and Parks King Street Center 201 South Jackson Street, Suite 600 Seattle, WA 98104-3855 206-477-4800 Fax 206-296-0192 M Relay: 711 March 12, 2018 c ,- Cheryl Viseth City of!Cent Public Works 220 Fourth Avenue South Kent, WA 98032 RE: Signed Agreement for 2017 CWM Grants Dear Cheryl, I have enclosed one original of the final signed grant agreement for the 2017 CWM Grants for the following projects: • Downey Farmstead Side Channel Restoration • Downey Farmstead Restoration—Frager Road Utility Relocation I sent an electronic copy today to Matt Knox today as well. Let me know if you have any questions. You can reach me at 206-477-6079 or K im.harper(a7kingcounty.,gov. Thanks. Kim Harper Grant Administrator Encl: l original of signed 2017 grant agreement