HomeMy WebLinkAbout4668
RESOLUTION NO.4 6 6 8
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AMENDING
THE INTERLOCAL COOPERATION AGREEMENT
BETWEEN KING - COUNTY AND, THE CITY OF
AUBURN FOR OPEN SPACE ACQUISITION
PROJECTS AND ACCEPTING A'CONSERVATION
FUTURES GRANT RELATED TO , THE
SMITH/FENSTER LEVEE SETBACK PROJECT
WHEREAS, the City of Auburn ("City") and King County ("County")
entered into an Interlocal Cooperation Agreement on October 3, 2005, for open
space acquisition; and
WHEREAS,. on November 17,. 2008, the City adopted Resolution 4415,
accepting a grant from the King Conservation District under which the City
accepted a grant, for $130,000 to be used to acquire property related to the
Fenster Levee Setback Project ("Project") subject to a matching grant; and
WHEREAS, The King County Council passed its Ordinance 16312 on
November 24, 2008, appropriating an additional $130,000 of 'Conservation
Futures Levy funds to the City as-the match for the previous grant; and
WHEREAS, in order for the City to receive the additional grant funds, it
must amend the 2005 Interlocal Cooperation Agreement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
HEREBY RESOLVES as follows:
'r! Section 1. That the Mayor is hereby-authorized to sign the Amendment
j` to the Conservation Futures Interlocal Cooperation Agreement between King
County and the City of Auburn for Open Space Acquistiion Projects in
Ir,
Ii substantially the same form as at Exhibit A.
Resolution No. 4668
December 28, 2010
~~I; Page 1 of 2
Section 2. That the City is authorized to accept Conservation Futures
Levy Grant Funds of at least $130,000 for the Project.
Section 3. That the Mayor is authorized to implement such
administrative procedures as maybe necessary to carry out the directives of this
legislation.
Section 4. That this Resolution shall take effect and be in full force
upon passage and signatures hereon.
,
Dated and Signed this day of 2011.
CITY OF AUBURN
PET _ B. LEWIS
MAYOR
ATTEST:
Danielle Daskam, City Clerk
APPROVED AS TO FORM:
r Daniel B. Heid, City Attorney
I
T
I`
Resolution No. 4668
December 28, 2010
i
Page 2 of 2
2,2
AGREEMENT FOR AWARD OF
KING CONSERVATION DISTRICT WRIA FORUM GRANT
Green-Duwamish-CPS Watershed Forum (WRIA 9)
City of Auburn
This Agreement is made between the King Conservation District Number 9, a municipal
corporation in King County, Washington, located at 1107 SW Grady Way, Suite 130, Renton,
WA 98057 (referred to herein as "District"), and the City of Auburn, a municipal corporation in
King County, Washington, located at 25 West Main Street, Auburn, WA 98011 (referred to
herein as "Recipient"), for the purposes set forth herein.
SECTION 1. RECITALS
1.1 Whereas, the District is a special purpose district organized and existing under
authority of Chapter 89.08 RCW which engages in certain activities and programs to conserve
natural resources, including soil and water, which activities are declared to be of special benefit
to lands; and
1.2 Whereas, pursuant to RCW 89.08.400, King County has authorized and imposed
a system of assessments to finance the activities and programs of the District; and
1.3 Whereas, pursuant to RCW 89.08.220, RCW 89.08.341 and/or Chapter 39.34
RCW, the District is authorized to enter into agreements with municipal entities and agencies
(governmental or otherwise), or their designees, in order to carry out and facilitate the activities
and programs of the District to conserve natural resources; and
1.4 Whereas, certain Watershed Forums were established in King County and through
the voluntary association of agencies and entities situated within the particular watershed basins
or areas (i.e., Snoqualmie Watershed Forum; Cedar/Lake Washington/Sammamish Watershed
Forum; Green/Duwamish/Central Puget Sound Watershed Forum) for the purpose of addressing
and responding to environmental needs within their respective watershed basins and in the region
by cooperative efforts; and
1.5 Whereas, the Watershed Forums include representatives of jurisdictions that are
located within or have a major interest in the management of Water Resources Inventory Areas
(WRIA) 7, 8 and 9; and
1.6 Whereas, the District has reviewed the grant application submitted by Recipient
and has determined that the application meets the requirements of Chapter 89.08 RCW, the
District's policies and procedures for awarding grants and the funding principles established by
King County's Regional Water Quality Committee; and
1.7 Whereas, the District and Recipient desire to enter into this Agreement for the
purpose of establishing the terms and conditions relating to the District's award of a grant to
Recipient.
Page I of 4
I J I
SECTION 2. AGREEMENT
2.1 The District agrees to award Recipient a grant in the total amount of Two
Hundred Thousand Dollars ($200,000) from 2010 Assessments. Grant funds shall be used by
Recipient solely for the performance of the work described in Exhibit A which is attached hereto
and incorporated herein by this reference. The District shall pay the grant funds to Recipient in
accordance with the District's policies and procedures, including but not limited to, the policies
and procedures contained in the Member Jurisdiction & WRIA Forum Grant Application
Instructions and Policies, provided that such funds have been collected and received by the
District.
2.2 Recipient represents and warrants that it will only use the grant funds for the work
described in Exhibit A, which may be amended by the parties pursuant to Paragraph 3.3 of the
Agreement. Recipient shall be required to refund to the District that portion of any grant funds
which are used for unauthorized work. Further, Recipient agrees to return to the District any
grant funds that are not expended or remain after completion of the work covered by this
Agreement.
2.3 Recipient acknowledges and agrees that the grant funds may only be expended on
work which shall be entirely within the District's jurisdictional boundaries. The following
municipal entities are not within the District's jurisdictional boundaries: Enumclaw, Federal
Way, Milton, Pacific, and Skykomish. Recipient shall be required to refund to the District that
portion of any grant funds which are used for work performed outside the District's jurisdictional
boundaries.
2.4 In the event the scope of work authorized by this Agreement includes the use of
grant funds to purchase houses located on real property within a flood hazard area, Recipient
acknowledges and agrees that grant funds may only be used for such purposes if the houses to be
purchased were constructed before floodplain mapping or sensitive areas regulations were in
place for that area. Recipient shall be required to refund to the District that portion of any grant
funds which are used for unauthorized purposes.
2.5 Recipient shall be required to provide the District with biannual financial and
project progress reports, along with an annual summary report. Financial and project reports
shall be due June 30 and November 30 each year. The Recipient shall also be required to submit
to the District a final report which documents the Recipient's completion of the work in
conformance with this Agreement within thirty (30) days after the completion of the work. The
final report shall, among other things, summarize the project's successes and shall address the
regional benefits accomplished by the work. The final report shall also identify any obstacles or
challenges which were encountered during the work, along with general recommendations
regarding ways to avoid such obstacles or challenges in the future. If requested, Recipient agrees
to provide the District with additional financial or progress reports from time to time, at
reasonable intervals.
Page 2 of 4
2.6 Recipient's expenditures of grant funds shall be separately identified in the
Recipient's accounting records. If requested, Recipient shall comply with other reasonable
requests made by the District with respect to the manner in which project expenditures are
tracked and accounted for in Recipient's accounting books and records. Recipient shall maintain
such records of expenditures as may be necessary to conform to generally accepted accounting
principals and to meet the requirements of all applicable state and federal laws.
2.7 Recipient shall be required to track project expenses using the Budget Accounting
and Reporting System for the State of Washington ("BARS").
2.8 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. Recipient shall cooperate with the District in any such audit.
2.9 Recipient shall retain all accounting records and project files relating to this
Agreement in accordance with criteria established in the Revised Code of Washington and the
Washington State Archivist.
2.10 Recipient shall ensure that all work performed by Recipient or 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. Recipient shall implement an appropriate monitoring system or program to
ensure compliance with this provision.
2.11 Recipient agrees to indemnify, defend and hold harmless the District, its elected
or appointed officials, employees and agents, from all claims, alleged liability, damages, losses
to or death of person or damage to property allegedly resulting from the negligent or intentional
acts of the Recipient or any of its employees, agents, contractors or subcontractors in connection
with this Agreement.
2.12 Recipient agrees to acknowledge the District as a source of funding for this
project on all literature, signage or press releases related to said project.
SECTION 3. GENERAL PROVISIONS
3.1 This Agreement shall be binding upon and inure to the benefit of the parties
hereto 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.
Page 3 of 4
3.3 No amendment to this Agreement shall be binding on any of the parties to this
Agreement 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.
DISTRICT: RECIPIENT:
By fin,:. ~►n - \ By
Nam William Knutsen Name A2,kV,-e-
Board Chair, King Conservation
Titlf District Title H'a
Date ►-Zk-- 12-aotr, Date AUG 16 2010
Approved as to Form: Approved as to Form:
DISTRICT LEGAL COUNSEL: RECIPIENT'S ATTORNEY:
By s I By
Name ~fi Rf W1Od T Name s C.'~ >
Dater 0) Date 6l )9
Page 4 of 4
Exhibit A
i
is
I,
1' J
Member Jurisdiction
& WRIA Forum Grant Program
King Conservation District Grant Application
'
Project Title: Fenster Levee Setback & Floodplain Restoration Phase 112010
Applicant: City of Auburn Contact: Chris Andersen
Principal Partners (if any): Title: Environmental Protection Manager
Washington Resource and Conservation Office - Address: 25 West Main Street
Salmon Recovery Funding Board Auburn, WA 98001
King County
Total Project Cost: $539,103
WRIA Funding ® Jurisdiction Funding E] E
KCD Funding Requested: $200,000 Phone: 253-8764962
Project Start Date: December 10, 2009 Fax: 253-804-3114
Project End Date: December 31, 2013 E-mail: candersen@auburnwa.gov
1. Project Description - provide a brief description of the project that summarizes what you will
do, how you will do it, and why you will do it. Consider the following In the answer to this
i
question: what pressing need will be addressed by the project or what promising opportunity 1
will be capitalized on? Who or what will benefit or be positively and negatively affected?
The Fenster Levee Setback & Floodplain Restoration Phase II Project is the final downstream project
in a 2-mile long corridor along the middle Green River that has been restored and improved for fish
passage, Floodplain refuge, and floodplain function. This project is identified in the WRIA 9
GreenlDuwamish and Central Puget Sound Watershed Salmon Habitat Plan - August 2005, as a
priority project, MG-18, Fenster-Pautzke Setback and Floodplain Reconnection. A project vicinity map
(attached) shows where the project is located within the City of Auburn. The restoration project will
include the removal of an existing 880 foot long levee near Green River mile 32, re-attachment of a
large forested swale to the river for off-channel habitat and fish refuge and increased area for
floodwater quieting and storage, removal of invasive plants, native plant re-vegetation, and installation
of large woody debris along the Green River at the toe of the new levee. In addition to providing fish
habitat, this project will increase floodwater storage capacity to benefit downstream landowners in
times of high water. The project site spans four parcels, totaling 4.57 acres which are all owned by the i
City of Auburn and are a part of the City's Fenster Nature Park.
The project site is adjacent to the Fenster Levee Setback Phase I project which was completed by the
City of Auburn, working with King County, in 2008. King County completed the Pautzke Levee Setback
in 2009 in their Auburn Narrows Natural Area, which is adjacent to the Fenster Phase I project on the
upstream side. The Fenster Levee Setback Phase II project would complete years of work by the city
and the county to set back or completely remove all of the levees within a two-mile stretch of high
quality habitat between the proposed project site and the upstream SR-18 Bridge.
The project area is largely vegetated by deciduous trees (some of which are relatively mature) and
shrubs. An existing swale lies landward of the current levee prism, which is immediately adjacent to
the river bank. As a result, the floodplain is disconnected from the river and cannot serve as off-
channel habitat or help to attenuate fast water velocities during floods when large numbers of juvenile
Member Jurisdiction & WRIA Forum Grant Program, Application July 21, 2008
salmonids including ESA-listed Chinook and steelhead are either incubating or rearing in this part of
the Green River. This segment of the Green River is also heavily used by several species of salmon
and trout for spawning and migration.
For the Fenster Phase II Levee Setback project, the City plans to continue to work with King County
as was done on the Fenster Levee Phase II setback project to make the project more cost effective.
King County developed expertise designing and constructing levee setback projects in this reach of
the Green River while working on the Pautzke and Fenster I Levee setback projects, immediately
adjacent to the Fenster Phase II Levee Setback. Working with King County to construct the Fenster
Levee Setback Phase II project will require less detailed plans and less construction oversight due to
their familiarity with similar levee setback projects in this reach of the Green River. To date, King
County has helped the City identify cost saving measures for the Phase II Levee Setback project such
as reusing cut soils on-site rather than paying to haul them off-site for disposal.
Following construction of the levee setback, the site will be replanted and monitored. The City intends
to partner with the Veteran's Conservation Corps in order to carry out the replanting and monitoring
work. Maintenance activities will continue for at least three years following project completion to
achieve a 90% plant survival rate. As a part of the project, 24 by 36 inch educational signs will be
installed at the two entrances to the project site to describe the purpose and benefits of the project
and to acknowledge the project sponsors.
To date, sixty percent plans have been completed (attached). Conceptual cross sectional and plan
views of the levee setback are also attached to this application for reference. Grant funds would be
used for finalizing the design, completing the permitting, and completing construction of the levee
setback project.
2. Natural Resource Improvement Actions - describe how the project will address a
minimum of one of the natural resource improvement actions described on page 1 of
the application instructions. Consider the following in your answer to this question:
What natural resources will be improved? What are the known needs, gaps or deficits ?
that will be addressed? What are the known benefits to soil, water, air, plants, fish and
wildlife, landowners?
This project is closely associated with the "Direct Improvement of Natural Resource Conditions"
natural resource improvement action. As a result of the project, 880 feet of levee will be set back to
open up instream, riparian and floodplain habitat. This additional habitat will serve as off-channel
habitat for juvenile salmonids, including ESA-listed Chinook and steelhead that are incubating or
rearing in the Green River. Fish populations found in the river include Coho juveniles and adults,
Chinook juveniles (all stages), cutthroat, bull trout, steelhead, sockeye, pink and chum.
{
This site is a critical location within the Green River system, located at the break between the
functions of the lower and middle Green River. With the minimal amount of habitat and refuge '
available downstream, this project will be one of the first refuge sites for adult salmon in their
upstream migration, and one of the last refuge sites for juvenile salmon during their outmigration to
Puget Sound. This project will allow juvenile salmonid access to a previously cut-off forested bench
and side channel, and provide refuge during critical migration periods. The project will meet the
following objectives: improve water quality, improve riparian habitat and access, provide increased
area for flood storage and flood velocity attenuation, and provide high quality off-channel habitat
access. The project is included in the WRIA 9 Habitat Plan (2005) as project MG-18. Fenster Phase II
was the number one ranked project during the 2009 SRFB grant round by the Technical Advisory
Group. This ranking was approved by the Watershed Ecosystem Forum.
Member Jurisdiction & WRIA Forum Grant Program, Application • July 18, 2008
3. Project Activities and Measurable Results - using the table below, list specific project
activities to be completed, the timetable for the activities, and the deliverables
associated with those activities. Consider the following in your answer to this question:
What actions, interventions, programs, services will be deployed?
Activity Deliverables Timeline Approximate
Description Activity Cost
(Source)
1, Complete cultural Cultural Resources Study 03/01/2011 $15,000 (SFRB)
resources
I
requirements
2. Complete project Complete set of A&E plans from 10/01/2011 $64,000 (SRFB)
plans (100% design) contractor
3. Complete and submit City of Auburn, state and federal 11/30/2011 $34,000 (SRFB)
project permit permits submitted
applications
4. Hire project Bid Awarded 06/01/2012 T.B.D.
contractor
5. Begin project Construction started 06/30/2012 n/a
construction
6. Complete Construction completed 04/30/2013 $426,103
construction - Construction survey ($191,103 SRFB, i
- Construction/Engineering $35,000 Auburn,
- Invasive species removed $200,000 KCD)
from .8 acres
- 880 linear feet of levee
setback (levee cut,
setback trench cut,
setback trench native fill,
rip-rap fill, setback levee
native fill, material haul,
geo-grid installation)
- Placement of 115 log
clusters
- Riparian plant installation
of 4,725 plants on .8
acres
- 2 project interpretive
signs designed and
installed on-site
7. Complete monitoring Monitoring and stewardship plan 11/30/2013 T.B.D.
and stewardship plan
g Maintenance and Maintain site and monitor 2013-2015 T.B.D.
monitoring conditions
4. Effectiveness (see page 2 of application instructions for definition) - describe how the
project will effectively Implement the natural resource improvement measures
identified in question No. 2 above. Consider the following in your answer to this
question: Why is the primary applicant the best entity to deliver the proposed
program/service/intervention? What is the capacity of the primary applicant to deliver
Member Jurisdiction & WRIA Forum Grant Program, Application • July 18, 2008
the proposed program/service/intervention? What tools, services and partners will be
brought to bear?
The City of Auburn completed Phase I of the Fenster Levee Setback project using Salmon Recovery
Funding Board funds in 2008. Phase I of the setback is located adjacent to the proposed Phase II
setback location and has similarities to the Phase II project. The City of Auburn worked with King
County in order to complete Phase I of the project and intends to work with King County again to
complete Phase II of the project. King County has experience setting back other levees in the
immediate vicinity of this project (e.g. Pautzke Levee Setback completed in 2009). The past
successes that the City of Auburn and King County have completed setting back levees in this section
of the Green River will help to ensure the success of Phase II of the Fenster Levee Setback. The City
of Auburn also intends to partner with the Veteran's Conservation Corps to conduct replanting and
monitoring of the site.
Some of the initial work for the Fenster Levee Setback Phase II project has already been completed.
Sixty percent plans have been completed (attached) and drafts of many of the permitting documents
have been prepared. A survey of the site is currently in progress.
5. Efficiency (see page 2 of application instructions for definition) - describe how the
project will efficiently Implement the natural resource Improvement measures
Identified In question No. 2 above. Consider the following in your answer to this
question: How will the proposed program/service/ intervention engage in conjunction
with related efforts? How does your strategy best leverage resources?
Both King County and the City of Auburn have conducted levee setback projects in the past along this
section of the Green River. From this past experience, efficiencies have been developed. Initial
engineering cost estimates for Phase 11 of the project have been reduced significantly by finding ways
to make use of the excavated fill on-site rather than having to dispose of it off-site. Constructing this
levee setback will complete a two-mile corridor of restored habitat in Auburn and King County. The
adjacent projects have been designed to fit together seamlessly to maximize the benefits of the
overall restored corridor. Phase II of the Fenster Levee Setback has received a $304,103 grant from I
the State Salmon Recovery Funding Board that would be leveraged with the King Conservation j
District Funds.
In order to increase the efficiency of the project, the City of Auburn is proposing to contract with King
County to complete the design and construction of the levee setback project. King County worked on
the design and construction of both of the adjacent upstream levee setback projects, Phase I Fenster
Levee Setback and the Pautzke Levee Setback. With these past projects, King County has become
familiar with the design and construction techniques used for levee setback projects on this reach of
the Green River. This familiarity with the levee setback projects in the area should translate into lower
project costs. Working with King County Department of Natural Resources and Parks, Water and
Land Resources Division directly to complete the design and construction will offer significant project
savings since full specifications and a bid package are not required under this approach (this is similar
to the approach used on the previous Fenster and Pautzke projects).
The alternative would be for Auburn to put the levee setback project out for competitive bid. This
would require the completion of full plans and bid specifications which would raise the project costs by
up to 25 percent and would require the City to identify a source of additional funding to complete the
project. Due to King County's familiarity with the project, and the time and cost savings that would be
realized, the City of Auburn proposes to work with King County to complete the design and
construction for the Fenster Levee Phase II setback project.
6. Equity (see page 2 of application instructions for definition) - describe how the project
will equitably implement the natural resource improvement measures identified in
Member Jurisdiction & WRIA Forum Grant Program, Application • July 18, 2008
2 r 9 i
question No. 2 above. Consider the following In your answer to this question: In what
part of the District will the proposed program/service/intervention occur? Who Is the
target audience and what demographic section of the community will be affected?
The Fenster Levee Setback Restoration II project will be constructed within the existing Auburn
Fenster Nature Park. Once the construction is completed for this project, the property will be open to
the public for passive recreational activities and provide opportunities for both formal and informal
environmental education instruction.
7. Evaluation of Intended Results - describe the evaluation mechanisms you will use to
track, document, and report that the project has achieved the Intended results
described in questions 1- 3.
Project metrics such as linear feet of levee set back and square feet of floodplain opened up will be
calculated upon completion of the project and included in progress and final reports to the King
Conservation District. One of the deliverables for the project is a monitoring and stewardship plan
which will be developed and carried out by the City of Auburn following the construction of the project.
As required by King Conservation District policies, maintenance of project plantings for a minimum of
three years will be incorporated into the monitoring and stewardship plan for the project.
8. Project Budget & Expenses
Budget Item KCD Funds Other Funds Other Funds Total j
Salmon City of Auburn
Recovery Storm
Funding Funds**
Board*
Salaries and Benefits $0 $0 $0 $0
Travel/Meals/Mileage $0 $0 $0 $0
OfficelField Su lies $500 $0 $0 $500 i
Contracted/ $199,500 $270,103 $35,000 $504,603
Professional Services
Land Acquisition $0 $0 $0 $0
Permits $0 $34,000 $0 $34,000
$200,000 $304,103 $35,000 $539,103 I
TOTAL
*The City of Auburn executed a Salmon Recovery Funding Board grant agreement in the amount
of $304,103 with the Washington Recreation and Conservation Office on April 5, 2010.
**City of Auburn Storm Funds are in the process of being allocated toward the Fenster Levee
Setback Phase II project as part of the City's 2010 mid-year budget amendment scheduled for City
Council action on June 21, 2010.
Member Jurisdiction & WRIA Forum Grant Program, Application • July 18, 2008
9. KCD Acknowledgement - Describe how the KCD will be acknowledged as a source of
funding for the proposed program/service/intervention (see Grant Program Overview &
Policies, General Grant Program Policies, #6).
In project press releases, the City of Auburn will include acknowledgement that funds were received
from th ng o serv ti n-Distric . e4wo educational signs installed at the entrances to the project
site wi acknowledge K a proje r rider.
Zf/zo(0
Authorized Si ature Date
j
i
i
i
c
i
i
i
3
E
Member Jurisdiction & WRIA Forum Grant Program, Application • July 18, 2008