HomeMy WebLinkAboutCAG2020-236 - Original - King County Flood Control District - Cooperative Watershed Management (CWM) 2019 Grant - Downey Farmstead Restoration - 07/24/2020$.F
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KENT
WAS - N G T O N
DATE: July 21, 2020
TO: Kent City Council
SUBJECT: King County Flood Control District Cooperative Watershed
Management Grant - Downey Farmstead Restoration -
Authorize
MOTION: Authorize the Mayor to sign a grant agreement with the King
County Flood Control District and Water Resources Inventory Area 9 to
accept Cooperative Watershed Management Grant funds, in the amount of
$1,398,457 for the Downey Farmstead Restoration Project, subject to final
terms and conditions acceptable to the City Attorney and the Public Works
Director.
SUMMARY: Phased construction of the Downey Farmstead Restoration Project
(Project) has occurred over the last several years, along with another phase of
construction work anticipated this summer. Once fully constructed, the project will
include 2,000 LF of side channel tributary to the Green River, which will provide
rearing and refuge habitat for threatened Chinook and other salmon species.
This CWM Grant Agreement with the King County Flood Control District and WRIA 9
will fund $1,398,457 for earthen excavation, placement of habitat structures and
planting of native plants this summer.
The Downey Farmstead Restoration Project is a multi -benefit project which creates
and restore salmon habitat, and provides flood risk reduction for high water events
in the Green River.
BUDGET IMPACT: There are no match funds required for this grant. This amount,
in tandem with other grants provides the City with around $1.55 Million to continue
work on the Downey Farmstead Restoration Project.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
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Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. CWM 2019 Grant Agreement Exhibit (PDF)
07/14/20 Committee of the Whole RECOMMENDED TO
COUNCIL BY CONSENSUS
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS
Next: 7/21/2020 7:00 PM
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Project Name: Downey Farmstead Side Channel Restoration Award Number: 4.9.20.005
AGREEMENT FOR AWARD OF
COOPERATIVE WATERSHED MANAGEMENT GRANT FUNDS
BETWEEN THE 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 December 31, 2023.
Primary Contact for King County: Kim Harper, Grant Administrator, 206-477-6079,
Kim. harperkkin c�y.gov.
Primary Contact for Recipient: Melissa Dahl, Environmental Engineer, Kent Public Works
Department, 253-856-6511, MDahl(ckentwa.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 2019-13 on November 6, 2019, authorizing the King
County executive or his designee to develop and administer a grant award program of up
to $4,810,172 in 2020 for water quality, water resources and habitat restoration and
management projects and activities in King County, provided that the project list is
approved by the Board;
1.4 Whereas, the Board passed Resolution FCD 2020-05 on March 10, 2020, authorizing up
to an additional $4, 810,172 for the grant award program in 2020, for a total of up to
$9,620,344 to be used for water quality, water resources and habitat restoration and
management projects and activities in King County, provided that the project list is
approved by the Board;
1.5 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;
1.6 Whereas, the Recipient submitted an application to its respective WRIA forum or
committee for the Project, as described in Exhibit A attached hereto and incorporated
Page 1 of 7
Project Name: Downey Farmstead Side Channel Restoration Award Number: 4.9.20.005
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 Scope of Work
of this Agreement, and identified as such in the Request for Payment. The amount of the
advance may not exceed 20% of the total award amount. 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 7
Project Name: Downey Farmstead Side Channel Restoration Award Number: 4.9.20.005
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, and the WRIA
as a funding partner, for the Project on all printed, online, and electronic documents;
signage or press releases; audio-visual materials; or any other materials produced in
association with the Project. Grant recipients shall submit documentation of
acknowledgement activities with their final reporting documents.
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 Project shall be completed by no later than December 31, 2023. In the event that the
Project is not completed by this date, King County has the discretion, but not the
obligation to terminate this Agreement and retain any unexpended Award funds.
Page 4 of 7
Project Name: Downey Farmstead Side Channel Restoration Award Number: 4.9.20.005
Page 6 of 7
EXHIBIT A: PROJECT DESCRIPTION
PROJECT RECIPIENT DESCRIPTION LEVERAGE AWARD
Downey
Farmstead Side
Channel
Restoration
City of Kent The City of Kent final Downey project will
construct nearly 2,000 LF of side channel to the
Green River to provide rearing and refuge
habitat for threatened Chinook and other salmon
species. The project will also provide 130-acre
feet of flood storage to reduce flooding in nearby
areas and plant hundreds of shade-producing
native trees along a one-half mile stretch of river
where temperature loading is a critical issue.
$172,463 $1,398,422
Project Location: Lower Green-Duwamish Watershed near the confluence of Mullen Slough and the
Green River between RM 21.5 and 22.3.
EXHIBIT B: SCOPE OF WORK
Task Title Task Description (Include Activities and Deliverables)
Estimated
Percent of
Total Budget
Month/Year
Task will be
Completed
Task 1: Project
Administration
(Required)
Submit reimbursement request forms, backup documentation for
billing, and progress reports at least every 6 months. Submit a
Fiscal Closeout form and a Closeout Report form with the final
reimbursement request.
3% August 2023
Task 2:
Construction
Construction Contract to build the side channel network including:
• Mobilization for construction including signage, traffic
control
• Erosion control, clear and grub hydroseed
• Excavate, haul and dispose of 109,000 CY of soil (remaining
amt. after Phase I, II, IIb) including fine grading of side
channels and isolation of new channel from main Green
River flow to build the side channel connections and large
woody habitat structures (engineered logjams);
• Importing and incorporating compost into the finished soils
(Compost is already on site and is made from unsalvageable
trees from clearing of project site);
• Construction and placement of 50 large wood structures (to
be made using salvaged trees from clearing of project site);
• Installing erosion control fabric and mulching and/or seeding
all exposed surfaces.
Deliverables will be regular progress updates including pictures
75% December
2022
Task 3: Planting
and irrigation
• Installation of 18,560 native live stakes (Willows);
• Planting of 1,220 native trees
• Planting of 9,460 native shrubs
• Planting of 13,000 native ground cover plants
• Irrigation of plants for 3 years following instillation of plants
Deliverables will be regular progress updates including pictures of
the work happening and annual plant survival rates.
22% August 2023
Project Name: Downey Farmstead Side Channel Restoration Award Number: 4.9.20.005
Page 7 of 7
EXHIBIT C: BUDGET SUMMARY
Budget Item Grant Request
Project Supplies $442,200
Commercial Services & Crew Time $715,440
Other $240,782
TOTAL $1,398,422