HomeMy WebLinkAboutCAG2024-555 - Original - King County - Boeing Rock Recreation/Habitat Enhancement - 12/13/24 FOR CITY OF KENT OFFICIAL USE ONLY
Sup/Mgr:
Agreement Routing Form DirAsst:
• For Approvals,Signatures and Records Management Dir/Dep:
KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover (optional)
WASHINGTON Sheet forms. (Print on pink or cherry colored paper)
Originator: Department:
Karin Bayes/Rowena Valencia-Gica Public Works
Date Sent: Date Required:
c 12/11/2024 12/16/2024
Q Authorized to Sign: Date of Council Approval:
Q QMayor or Designee 10/15/2024
Budget Account Number: Grant? Yes No�
D00062
Budget? Yes ONO Type: N/A
Vendor Name: Category:
King County Grant: Non-Real Property
Vendor Number: Sub-Category: i
C Original
0
Project Name: Boeing Rock Recreation/Habitat Enhancement
C •Project Detai Grant from King County Flood Control District's CWM for the design of an
C off-channel salmon habitat enhancements along 0.8 mile of the Green River
-, at River Mile 17, waterward of the previous Boeing levee setback.
C
� Agreement Amount: $627,690 Basis for Selection of Contractor: Other
E Memo to Mayor must be attached
Start Date: Upon ExecutiB Termination Date: December 31, 2027
Im Q Local Business? Yes F—]No*If meets requirements per KCC 3.70.7 00,please complete'Vendor Purchase-Local Exceptions"form on Cityspace.
Business License Verification: El Yes In-Process❑Exempt(KCC 5.01.045)
Notice required prior to disclosure? Contract Number:
Yes No CAG2024-555
Comments:
aThis agreement was originally sent for review on 10/24/2024 and was
3 approved by Law for Mayor signature via DocuSign. Several attempts using
M c DocuSign have been unsuccessful, re-routing for electronic signature
M W instead.
in 0
a,
oc
Date Received:City Attorney: 12/11/24 Date Routed:Mayor's Office 12/13/2 1
City Clerk's Office 12/13/2
adccW22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements
rev.20210513
12/11/24, 1:15 PM Boeing Rock Recreation/Habitat Enhancement Grant Agreement-Authorize-City of Kent,Washington
City of Kent Washington12
IS 20247;00 pM
KE* T Action Item
"`'" 4130
Boeing Rock Recreation/Habitat Enhancement Grant Agreement - Authorize
Information
Department: Public Works Department Sponsors:
Category: Agreement
Attachments
Printout
Kent_BoeingRock_2024CWM_GrantAgreement
Budget Impact
BUDGET IMPACT: None.
Motion
MOTION: I move to authorize the Mayor to sign the King County Flood Control District
Cooperative Watershed Management grant agreement, in the amount of $627,690, for
the Boeing Rock Recreation/Habitat Enhancement Project, subject to final terms and
conditions acceptable to the Directors of Public Works and Parks and City Attorney.
Summary
SUMMARY:
The City's Boeing Rock Recreation/Habitat Enhancement Project is located along the right (east)
bank of the Green River between S 200th Street and South 212th Street and is approximately 0.8
miles in length and 200 feet in width. The project site is situated immediately downstream from
the Lower Russell Levee Setback project, which also includes habitat enhancement areas to
improve salmon habitat in the Green River.
The project will help improve fish and wildlife habitat in the Lower Green River, increase
floodplain storage, reduce temperature loading in the river, and add recreational opportunities. It
will also address the lack of suitable habitat for juvenile fish, which is the biggest limiting factor
for salmonid productivity and population growth in the Green River. The lack of habitat pushes
fish to migrate to Puget Sound prior to obtaining adequate growth, dramatically reducing the
chance of survival.
The City has been approved for $627,690 in funding from the King County Flood Control District
Cooperative Watershed Management grant. The grant would be utilized to complete the 65%
project design of the preferred alternative identified in the previously completed feasibility study,
continue stakeholder coordination, and to apply for required permits.
https:Hkentwa.igm2.com/Citizens/Detail_LegiFile.aspx?Meeting ID=5585&MediaPosition=&ID=4130&CssClass=&Print=Yes 1/2
12/11/24, 1:15 PM Boeing Rock Recreation/Habitat Enhancement Grant Agreement-Authorize-City of Kent,Washington
Meeting History
Oct 1, 2024 4:00 PM Video Committee of Committee of the Whole - Regular
the Whole Meeting
Senior Biologist, Christina Neff provided an overview of the Boeing Rock Recreation/Habitat Enhancement Grant Agreement. The
project site is situated immediately downstream from the Lower Russell Levee Setback project, which also includes habitat
enhancement areas to improve salmon habitat in the Green River.
The project will help improve fish and wildlife habitat in the Lower Green River, increase floodplain storage, reduce temperature
loading in the river, and add recreational opportunities. It will also address the lack of suitable habitat for juvenile fish, which is the
biggest limiting factor for salmonid productivity and population growth in the Green River. The lack of habitat pushes fish to migrate
to Puget Sound prior to obtaining adequate growth, dramatically reducing the chance of survival.
The City has been approved for$627,690 in funding from the King County Flood Control District Cooperative Watershed Management
grant. The grant would be utilized to complete the 65% project design of the preferred alternative identified in the previously
completed feasibility study, continue stakeholder coordination, and to apply for required permits.
RESULT: MOTION PASSES [UNANIMOUS]
MOVER: Brenda Fincher, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Satwinder Kaur, Bill Boyce, John Boyd, Brenda Fincher, Marli Larimer, Zandria Michaud,Toni Troutner
Oct 15, 2024 7:00 PM Video City Council City Council Regular Meeting
Meeting
RESULT: APPROVED [UNANIMOUS]
MOVER: Satwinder Kaur, Council President
SECONDER: Bill Boyce, Councilmember
AYES: Satwinder Kaur, Bill Boyce, John Boyd, Brenda Fincher, Toni Troutner, Zandria Michaud
Powered by Granicus
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Project Name: Boeing Rock Recreation/Habitat Enhancement Award Number: 4.9.24.003
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") (collectively referred to as the "parties" and in the singular"parry"), for the
purposes set forth herein. This Agreement shall be in effect from the date of execution to
December 31, 2027.
Primary Contact for King County: Kim Harper, Grant Administrator, 206-477-6079,
Kim.hgper(&kingcogn1y.gov.
Primary Contact for Recipient: Rowena Valencia-Gica, Supervisor, 253-856-5730,
Rvalencia(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, 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;
1.4 Whereas, the Board of Supervisors of the District(the `Board"),the District's governing
body,passed Resolution FCD 2023-10 on November 7, 2023, authorizing the King
County executive or his designee to develop and administer a grant award program of up
to $11,191,198 in 2024 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, on July 9, 2024, the Board passed Resolution FCD 2024-10, which approved
the projects described in Attachment A to that Resolution;
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
herein by this reference, and that body has recommended the project for funding under
Page 1 of 9
Project Name: Boeing Rock Recreation/Habitat Enhancement Award Number: 4.9.24.003
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");
1.7 Whereas, the Board approved funding of Recipient's application for the project
("Project"), as described in Attachment A to Resolution FCD 2024-10 in the amount of
$627,690 ("Award");
1.8 Whereas, King County has received a Scope of Work and a Budget for the Project from
the Recipient and has determined that the Scope of Work, attached hereto and
incorporated herein as Exhibit B ("Scope of Work"), and the Budget, attached hereto and
incorporated herein as Exhibit C ("Budget"), are consistent with the Grant Policies and
Procedures; and
1.9 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 Resolution FCD 2024-10 and the Grant
Policies and Procedures, and under which the Recipient will implement the Project.
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 pay the Award amount to the Recipient in the total amount of
$627,690 from District funds. The Award shall be used by the Recipient solely for the
performance of the Project, as described in Exhibit A to this Agreement. King County
shall pay the Recipient in accordance with the terms of the Grant Policies and
Procedures.
2.3. The Recipient represents and warrants that it will only use the Award for the Scope of
Work of this Agreement and in accordance with the Project Budget. 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 Scope 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 Scope of Work and issuance of the Final Report, as further described below.
2.4. Activities carried out for this Project 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 Scope of Work of this Agreement; 3)the expenses are incurred in carrying out the
Scope of Work and are authorized by the Award as identified in the Budget of this
Agreement; 4) such activities and expenses otherwise comply with all other terms of this
Agreement; 5) such activities and expenses do not occur prior to the date the grants were
Page 2 of 9
Project Name: Boeing Rock Recreation/Habitat Enhancement Award Number: 4.9.24.003
approved by the District; and 6)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, or online equivalents to these forms upon the
County's implementation of an online reporting database, for those documented and
allowable expenses identified in the Budget and according to the rules set forth in the
Grant Policies and Procedures. A request 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 and backup
documentation of claimed expenses 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 25% 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, or online equivalent to this form upon the
County's implementation of an online reporting database. 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 9
Project Name: Boeing Rock Recreation/Habitat Enhancement Award Number: 4.9.24.003
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. If Recipient is purchasing real property interests with Award funds, Recipient agrees to
include restrictive language provided by the County in the instrument transferring the real
property interest specifying that the real property interest shall be used in perpetuity for
purposes consistent RCW 86.15.035.
2.13. The Recipient agrees to indemnify, defend and hold harmless King County, and the
District, their elected or appointed officials, employees and agents, from all suits, claims,
alleged liability, actions, losses, costs, expenses (including reasonable attorney's fees),
penalties, settlements and damages of whatsoever kind or nature arising out of, in
connection with, or incident to any acts or omissions of the Recipient, its employees,
agents, contractors, or subcontractors in performing its obligations under the terms of this
Agreement, except to the extent of the County's or the District's sole negligence.
The Recipient's obligations under this provision shall include,but not be limited to, the
duty to promptly accept tender of defense and provide defense to the County and the
District with legal counsel acceptable to the County and the District at Recipient's own
expense. Recipient,by mutual negotiation, hereby waives, as respects the County and the
District only, any immunity that would otherwise be available against such claims under
the Industrial Insurance provisions of Title 51 RCW. In the event it is necessary for the
County or the District to incur attorney's fees, legal expenses, or other costs to enforce
the provisions of this section, all such fees, expenses, and costs shall be recoverable from
Recipient. The provisions of this section shall survive the expiration, abandonment, or
termination of this Agreement.
2.14. 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 Recipient 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. The Recipient shall not assign this Agreement to a
third party.
Page 4 of 9
Project Name: Boeing Rock Recreation/Habitat Enhancement Award Number: 4.9.24.003
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. Unless otherwise specified in the Agreement, all notices or documentation required or
provided pursuant to this Agreement shall be in electronic form and shall be deemed duly
given when received at the addresses set forth below via electronic mail and transmittal is
demonstrated by an electronic delivery receipt or similar confirmation.
King County Recipient
Kim Harper Rowena Valencia-Gica
Grant Administrator Supervisor
King County WLRD City of Kent
kim.hgMer(a kin county_gov Rvalencia(c kentwa.gov
Either party hereto may, at any time, by giving ten(10) days written notice to the other
party to designate any other address in substitution of the foregoing address to which
such notice or communication shall be given.
3.5. 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.
3.6. The Project shall be completed by no later than December 31, 2027. 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.
3.7. The Agreement will be terminated if the Recipient is unable or unwilling to expend the
Award as specified in Section 2.2 and Exhibits B and C. In the event of termination
under this section, the County shall be released from any obligation to fund the Project
and Recipient shall forfeit all rights to the unexpended portion of the Award.
3.8. If the County determines that a breach of contract has occurred or does not approve of the
Recipient's performance, it will give the Recipient written notification of unacceptable
performance. Recipient will then take corrective action within a reasonable period of
time, as may be defined by King County in its sole discretion in its written notification to
Page 5 of 9
Project Name: Boeing Rock Recreation/Habitat Enhancement Award Number: 4.9.24.003
Recipient. King County may withhold any payment owed Recipient until the County is
satisfied that corrective action has been taken or completed.
3.9. Waiver of breach of any provision in this Agreement shall not be deemed to be a waiver
of any subsequent breach and shall not be construed to be a modification of the terms of
the Agreement unless stated to be such through written approval by the County, which
shall be attached to the original Agreement. Waiver of any default shall not be deemed to
be a waiver of any subsequent defaults.
3.10. KCC chapters 12.16, 12.17 and 12.18 are incorporated herein by reference and the
requirements in these code sections shall specifically apply to this Agreement. In its
performance under this Agreement the Recipient shall not discriminate against any
person on the basis of race, color, age, gender, marital status, sexual orientation, gender
identity or expression, religion, ancestry, national origin, disability or use of a service or
assistive animal by an individual with a disability,unless based upon a bona fide
occupational qualification, and the Recipient shall not violate any of the terms of chapter
49.60 RCW, Title VII of the Civil Rights Act of 1964, or any other applicable federal,
state, or local law or regulation regarding nondiscrimination in employment.
3.11. None of the funds, materials,property, or services provided directly or indirectly under
this Agreement shall be used for any partisan political activity or to further the election or
defeat of any candidate for public office.
3.12. This Agreement may be signed in multiple counterparts.
3.13. 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.
3.14. This Agreement shall be governed by and construed according to the laws of the State of
Washington. Actions pertaining to this Agreement will be brought in King County
Superior Court, King County, Washington.
3.15. 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 District or the King County
Council, King County's obligations are contingent upon the appropriation of sufficient
funds by the District or 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 funds under this
Agreement was made.
Page 6 of 9
Project Name: Boeing Rock Recreation/Habitat Enhancement Award Number: 4.9.24.003
This document has been approved as to form by the King County Prosecuting Attorney's Office
as of March 1, 2023.
KING COUNTY: RECIPIENT:
By 3y—- - - -
Name Name Dana Ralph
Title Title Mayor
Date Date 12/13/2024
Page 7 of 9
Project Name: Boeing Rock Recreation/Habitat Enhancement Award Number: 4.9.24.003
EXHIBIT A: PROJECT DESCRIPTION
Project Recipient Description Leverage Award
Complete the 65%design for restoring Chinook salmon habitat
along 0.8 miles of the Lower Green River(RM 17).A previous
levee setback in the project area provides an opportunity for
implementing a variety of habitat enhancements(e.g., large
wood,alcoves,and riparian revegetation)and recreational
improvements within approximately 15 acres of passive park
land waterward of the levee.The overall project goal is to
restore floodplain function, improve edge habitat complexity,
Boeing Rock and expand available low velocity water and juvenile rearing
Recreation/ City of Kent habitat along with establishment of gravel trails, landscape $0 $627,690
Habitat improvements, nature play areas, and viewing locations
Enhancement through this reach of the heavily developed Lower Green River
corridor. Expanded rearing habitat within the Lower Green will
support increased juvenile Chinook salmon residence times,
which will allow for a high proportion of larger size parr
migrants prior to entry into the Duwamish estuary. In addition,
the project seeks to control invasive riparian vegetation and
revegetate the riparian buffer to address elevated instream
temperatures that regularly exceed water quality standards
during summer low flows.
Project Location: Rivermile 17 of the Lower Green River.
EXHIBIT B: SCOPE OF WORK
Estimated Month/Year
Activity Title Activity Description Deliverables Percent of Task will be
Grant Budget Completed
Task 1: Project Submit reimbursement request forms, backup Progress reports, 10% December 2027
Administration documentation for billing,and progress reports at documentation,
(Required) least every 6 months. Submit a Fiscal Closeout form reimbursement
and a Closeout Report form with the final forms, and
reimbursement request. closeout forms
Task 2: Meetings with Habitat Work Group(MIT, King Meeting Agendas, 15% September
Stakeholder County DNRP,WRIA 9 Technical Staff and other meeting notes 2027
Coordination stakeholders)on project design and permitting
Task 3:65% Complete 65%design,technical specifications,cost 65%plan set, 55% September
Design estimate technical 2027
specifications,cost
estimate
Task 4:Site Geomorphic analysis, hydraulic modelling Final report 10% December 2026
Assessments
Task 5: Project Preparation of all permit application documents, Permit approvals 10% August 2027
Permitting coordination,submittal and response to questions and/or list of
and comments. submittals
Page 8 of 9
Project Name: Boeing Rock Recreation/Habitat Enhancement Award Number: 4.9.24.003
EXHIBIT C: BUDGET
Budget Item Grant Request
Staffing $112,846
Commercial Services&Crew Time $514,844
TOTAL $627,690
Page 9 of 9