HomeMy WebLinkAbout4924 RESOLUTION NO. 4 9 2 4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR
ANO CITY CLERK TO EXECUTE A CONTRACT BETWEEN
THE CITY OF AUBURN AND KING COUNTY FOR A
COOPERATIVE WATERSHED MANAGEMENT GRANT TO
BE USED FOR THE CITY'S FENSTER LEVEE SETBACK
AND FLOODPLAIN RESTORATION PROJECT (PHASE II)
WHEREAS, King County is the service provider to the King County Flood Control
District ("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 impiements the DistricYs annual work program and budget; and
WHEREAS, in accordance with Resolution FCD2012-07.2 authorizing the King
County Executive to develop and administer a grant award program, King County has
established a grant award program to fund water quality and water resources and
habitat restoration and management projects and activities ("Cooperative Watershed
Management Award Program"); and,
WHEREAS, the District, upon recommendation of the WRIA 9 Forum, has
approved the City's request for Three Hundred Thousand Dollars and no cents
($300,000 00) to be used in the Fenster Levee Setback and Floodplain Restoration
Project (Phase II); and
WHEREAS, it is in the public interest for the parties to enter into an agreement to
amend the project agreement with RCO
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Resolution No. 4924
February 28, 2013
Page 1 of 2
Section 1. That the Mayor and City Clerk are hereby authorized to execute an
Agreement between the City and King County to accept Cooperative Watershed
Management Grant Funds, which agreement shall be in substantial confortnity with the
agreement attached hereto as Exhibit A and incorporated herein by this reference.
Section 2. That the Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 3. That this Resolution shall take effect and be in full force upon
passage and signatures hereon.
4'� � " e
Dated and Signed this�day of`-y�ca-h�`J , 2013.
F AU
�
��
���
PETER B. LEWIS, MAYOR
ATfEST
.�y�/��Q�.�
Danielle E. Daskam, City Clerk
APPRO AS T RM:
Daniel B. Heid, City Attomey
Resolution No.4924
February 28, 2013
Page 2 of 2
Exhibit A to Resolution No. 4924
AWARD NUMBER 9.12.007
AGREEMENT FOR AWARD OF
COOPERATIVE WATERSHED MANAGEMENT GRANT FUNDS
BETWEEN THE CITY OF AUBURN AND HING COUNTY
7'his Agreement is made between King County, a municipai corporation, and the City of
Auburn (referred to herein as "Recipient"), for the purposes set forth herein. This Agreement
shall be in effect from the date of execution to December 31, 2015.
SECTION 1. RECTTALS
1 1 Whereas, the King County Flood Control District("DistricY') 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;
13 Whereas,the Board of Supervisors of the District, the District's governing body,passed
Resolution FCD2012-07.2 on May 14, 2012, authorizing the King County executive or
his designee to develop and administer a grant award program of up to$3 million in
2012 for water quality and water resources and habitat restoration and management
projects and activities allocated in the amounts of$1.2 million for WRIA 8, $1.2 million
for WRIA 9, and $600,000 for the Snoqualmie Watershed, provided that the project list
is approved by the District executive committee;
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 to fund
water quality and water resources and habitat res[oration and management projepts and
activities ("Cooperative Watershed Management Award Program");
].5 Whereas, the Recipient has submitted an application to the WRIA 9 Forum for the
Project and the Forum has recommended the Project 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 Procedwes");
1.6 Whereas the DistricYs Executive Committee has received a list of proposed projects that
includes the Project, as described in Exhibit A attached hereto and incorporated herein
by this reference, and the Executive Committee has approved the Project for funding up
to the amount of$300,000.00;
Page 1 of 16
1 7 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 Eahibit C ("Budget"),are copsistent 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 ivhich King County will provide
funding from the District in accordance with the Policies and Procedures,and the
Recipient will implement the Project.
SECTION 2. AGREEMENT
2.1 7'he Recitals aze an integral part of this Agreement and are incorporated herein by this
reference.
2.2. King County agrees to award the Recipient an awazd in the total amount of$300,000.00
from District funds (the Award). The Award shall be used by the Recipient solely for the
performance of the Project, as described in Exhibit A of this Agreemenk King County
shall pay the Recipient in accordance with the Grant Policies and Procedures.
23. 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 Budget Project.T'he Recipient shall
be required to refund to King Counry that portion of the Award which is used for work or
tasks not included in the Scope of Work. Further,the Recipient agrees to return to King
Counry any portion of the Award that is not expended or remains after completion of the
Scope of Work.
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 nos.2)and 3)below,and have been approved by
the 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 aze authorized by this awazd as identified in the Budget of this Agreement;4) such
activities and expenses otherwise comply with all other terms of this 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, attached hereto and incorporated herein as Exhibit
D for those documented and allowable expenses identified in the Budget and according
to the rules set forth in the Grant Policies and Procedures. A progress report(with or
without 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
Page 2 of 16
after the aforementioned date. Advances are allowable only for anticipated expenses to
be incurred in the next three months from the date of submission of the Request for
Payment for work that is included in the Scope of Work of this Agreement, and identified
as such in the Request. Documentation of payments made from advances shall be
submitted to King County prior to any further requests for payment. No advances shall
exceed SO%of the total Awazd. The final request for payment shall be submitted with the
Final Report described in Section 2.5 of this Agreement and shall be no less than 20%of
the Award.
2.6. The Recipient shall be required to submit to King County a final report which documents
the RecipienYs completion of the work in conformance with the terms of this Agreement
within thirty(30)days afrer the wmpleUon of the work and submit a Close-out Report
(Exhibit E of this Agreement). The final report shall,among other things, summazize the
projecYs successes and shall address the watershed benefits accomplished by the work in
a format provided by King County for this purpose as set forth in the Grant Policies and
Procedures.
2.7 The Recipient's expenditures of Awazd 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 RecipienPs accounting books and
records. The Recipient shall maintain such records of expenditures as may be necessary
to conform to generally accepted accounting principles further described in Section 2.7
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.
29 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 tlie terms of this Agreement. The Recipient shall
cooperate with King County and the District in any such audit.
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 resowces 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.
Page 3 of 16
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, conVactors or
subcontractors in performing its obligations under the terms of this Agreement.
2.13. T'he Recipient agees 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 matterhereof. No prior or contemporaneous representation, inducement,promise
or agreement between or among the parties which relate to the subject matter hereof
which aze not embodied in this Agreement shall be of ariy force or effect.
33 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 authoriry to
enter into this Agreement and each person executing this Agreement on behalf of a pariy
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, 2015. 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 request and receive any unexpended Award
funds that may be held by the Recipient.
3.6 This Agreement may be signed in multiple counterparts.
3.7 If any provision of this Agreement or of any other agreement, document or writing
pursuant to or in connection with this Agreement, shall be wholly or partially invalid or
unenforceable under applicable law, said provision will be ineffective to that extent only,
without in any way affecting the remaining parts or provision of said agreement,provided
that the remaining provisions continue to effect the purposes of this Agreement.
3.8 The amount of tlie 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
Page 4 of 16
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 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.
KIN C
n Name V.-ew s
Division Director,Water and Land
Resources Division,King County Title /y�4 VD�.
Department of Natural Resources and
Parks-
Date Date VAR 181013
Page 5 of 16
EXHIBITA:Project Description
WRIA' 'APPLICAIY� PROIER- - - DESCRIP'IIOPI � RE4UE5T' AAATCH
� This funding will match over 5900,000 �
in SRFB,PSAR,and King Conservatfon
District funds towards the final design
and construction of a levee setback
Fenster• along an 800-foot reach of the Green
City of Construction River. This wi�l provide for a larger
9 Aubum Cost Increase �channel mi ration zone. 5300,000.00
Page 6 of 16
EXHIBIT B: SCOPE OF WORK
TASK DELIVERABLES DATES SHARE OF
AWARD
1. �Project • Contrea with King County Water and Wnd Nov 2012- $D
management Resources Division through a technical services December
agreement to develop the final projeR design, 2014
provide construction management services,
and obtain plant stock and oversee the native
planting elements of the project.
• Contract with King County Department of
Transportation,Roads Division to construct the
levee setback through an iMerlocal agreement
to address the construction services to be
provided by the Roads Division.
• Manage both agreements and all grants
providing funding for the projea.
• Obtain any temporary construction easements
that may be required.
2. Complete final King County WLRD and King County Flood Contro� April 2013 $30,000
designplans Districttofinalizethestructural(earthwork)
desi n elements of the Ievee setback.
3. Construction Commencement of on-site work(earthwork) June 2013- 5223,613
earthwork for levee associated with removal of the existing revetment September
setback and construction of the new revetment. Includes 2013
construction management by King County WLRD.
Deliverables:Initiation of on-site project
mobilization and early construction phase
activities,including one or more of the following:
• Installation of temporery erosion�and
sedimentation control(TESC) measures,
• On-site staging of equipment and
material
• Clearing and grubbing
• Removal of existing revetment and toe
rock
5. Complete site Prepare a planting plan that will be used to Decemher 521,900
revegetationwith revegetatedisturbedareas.Lookforopportunities 2012-April
native plants to re-establish native conifer species on the site. 2014
Deliverebles:
• A planting plan that identifies specific
species,sizes,quantities,arrengements,
and locations for revegetation is
scheduled to be completed as part of the
permit-ready plan set by
Page 7 of 16
• Partner with the Veteran's Conservation
Corps to accomplish the planting,with
King County WLRD providing technical
oversight.
6. Implement Post construction monitoring of the project site December $20;000
monitoring will be performed for a minimum of three(3) 2014,
years by the City of Auburn or its contractors. December
Performance measures will be based on final 2015,and
design and are anticipated to include the following December
areas and attributes of monitoring: 2016
Restoration of naturel river processes within
project site:
• Channel migretion(annual GPS/survey);
• Large wood recruitment;
• Bank erosion(measured as part of annual GPS
survey)and an estimation ofsediment/gravel
recruitment(estimation of volume,by grain
size);and
• Formation of new off-channel and backwater
areas(visual observation,photo
documentation)
• Stream Charac[eristics(pre-construction data
availa6le)
o Bankfull Width(m)
o Flood Prone Width(m)
o Mean Residual Pool Vertical Profile Area
(m2/reach)
o Mean Residual Pool Depth(cm)
• Channel Constreints(pre-construction data
available)
o Height of Constraining Feature(m)
o Averege Channel Capacity(m3)
o Channel Constreint Removed(y/n)
Maintenance of flood protection on and near
project site:
• Location/extent of seasonal vereus year round
surface waters on site(GPS/survey);
• Coordinating with the City of Auburn's
Stormwater Utility and Floodplain
Management staff and King County Flood
Control District to identify whetherthere are
any significant changes in off-site flood
conditions or events nated in the vicinity of
the project;and
• As part of the projea design,the incremental
Page 8 of 16
valumetric flood storage iontiibution of the
levee setback and reconnected floodplain
area will be calculated and reported.Post
construction monitoring will include
estimattng flows and/or volumes of seasonal,
year round,peak flow,and low flow-
associated surface waters on the site.
Vegetation and habitat on proJect site:
• Planted native species survivai,diversity,and
areal canopy coverege
• Estabiishment of native volunteers(by species
and eMent,based on count of individuals
and/or estimated areal canopy coverage)
• Presence of invasive non-native plant species
(by species and eMent,based on wunt of
individuals and/or estimated areal canopy
coverege)
• Site will be monitored for the maintenance of
project habitat features(i.e.iarge wood
assemblages)as well as the formation of new
habitat features and areas as the result of
natural river processes over time.
• Monitoring wfll assess biotic elements
associated with in-stream and riparian habitat
function,including assessing benthic
invertebrete presence and the re-
establishment of native riparian and over-
water tree and shrub canopy.
9 Acknowledge the A list of how and where acknowledgement was June 2014 54,487
King County Flood made
Control District
funding in signage,
and any pertinent
publication in
electronic or printed
form as provided in
the Grent Policies
and Procedures
10 � Prepare final report Final report June 2014 $0
' in the format
described in Fxhibit
F of this Agreement
Page 9 of 16
IXHIBIT C. BUDGET
, Item Description Award Share Match Match wurce
.Plansand5 eclflcations _
�, Desi n Kin Count Water and Wnd Resources 518,000.00
' Construction Engineering King County Water and
�� Land Resources 512,000.00
• Salmon Recovery
Funding Board:587,096
• King Conservation
District grant:$37.552;
• Puget Sound Acqulsftion
and Restoration Fund
$18.780
� TotolPlans ond Sped tfons 530,000.00 � 5150,000.00 • Cit of Auburn: $6,572
{onstruction - - -- - - - -- -.� � - - -
Setback Trench Cut(re-used)King County Roads
26,200.00 CY @ 514.00/CY $157,940.00
Rip Rap(matl,delivery and placement)King
Coun Roads1,200 CY @$73•10/CY 521,490.00
Planting City,Veteran's Conservation Corps,
and/or rivatecontrector520,000 lum sum 520,000.00
Signage:Sign materiai,creation of sign faces,
mounting,labor,and sales tax for project
signage;plus approximately 20 perimeter signs
(including two larger entry signs at 2nd St SE and
4'"St SE)and at least three interpretive signs.
Cost is an estimate.Vendor/contractor(s)to be
determined 54,098.00
Construc[ion Management King County Water
and Land Resources 535,000.00
Subtawl Consbuction S 238,52800
Sales Tax @ 9.5% 520,760.16
Sub 5239,288•I6
Contingency (appx.8.4%oftotalcontingency
allocation of($852,120) $10,711.44
• SRFB#12-1444:$503,203
• KCD grant:5135,379
• PSAR:567,682
TnmlConsMUCtlon 5249,999.60 5729,955.00 • Ci ofAUburn523,691
1 -emeMation:monitocio .. - - ^� _
Site monitoring(Contractorto be determined) 520,000.00
TotallmplemenmNon monitoring 520,000.00
Other
GRAND TOTAL $300,000.00 $879,955.00
Page ]0 of 16
EXHIBIT D: REQUEST FOR PAYMENTAND PROGRE55 REPORT
�nll�� ""ulv" Water and Land Resources Division �
�D ��L River and Floodplain Management Section
D 1 S T l 1 C T King Cairrty
King County Cooperative Watershed Management Grant Payment Request
Date Request number
Recipient Name City of Auburn
Contad Name
Phone
Address 1
Address 2
City,State,Zip Code
RequeSt� Dates (begtnnfng&end dateforthis claim)
InstruCtions: Complete this spreadsheet and attach your financial/atcounting rystem reports to document all expenses
PROIECT NAME Fenster-Construction Cost Increase AWARD# 9.1Z.007
Budget Line Item
(From Exhibit B Amount of all Balanee
Budget) Budgeted Curcent R uest Previous Requests Remaining
5
5
5
5
S
5
5
5
5
TOTa�s: S S S S
Amount from Current Request above requested as an advance
EXPLANATION:
Page 11 of 16
�� �� �
��D �� Water and Land Resources Division
D I S T R i C T River and Floodplain Management Section � - �
Ki Cou
COOPERATIVE WATERSHED MANAGEMENT GRANT PROGRESS REPORT
Date O1/00/00
PRO1ECf Fenster-Construdion Costlncrease
AWARD NUMBER 9.12.007
Recipient Name 0
Contac[Name 0
Phone 0
Address 1 0
Address 2 0
qty,State,Zip Code 0
Request# 0
Dates (beginning&end date for this
claim) 0
DELIVERABLES: Progress/Status/perceMage completed(note
SCOPE OF WORK ITEM a roximate or actual dates)
1)
2)
Page 12 of 16
3)
4J
5) �
Add more pages if necessary
Please mail or e-mail all documems to:
Katrina Johnston
Water and Wnd Resources Division
Department of Naturel Resourtes and Parks
KSC-NR-0600
201 South Jackson
Street,Suite 600
Seattle,WA 98304-3855
Phone: 206-263-0478 Fax: 206-205-5134 Email: katrina.Johnston@kingcounty.gov
Page 13 of 16
EXHIBIT E
CLOSE-OUT REPORT
Recipient City of Auburn AWARD# 9.12.007
Project title Fenster-Construction Cost Increase
Project start and end dates
Total award $
Totalspent $
Ainount due at close-out $
Totalunspent $
Submit the following:
Cheeklist -
Previously Attached
PROGRAMMATIC CLOSE-0UT Submitted
1. Letter(s)of commkment from key partners � �
2. Final report documenting the successful completion of the projed
aaording to the exhibit A:Scope of Work&timeline in your ❑ ❑
agreemeM.
3. DocurrmenWtion of ineasurement methods and timelines and any
resulu to date.
FOLLOWING ITEMS TO BE INCLUDED AS APPLICABLE
KCfCD
acknowledgr
ment
4. Selection of outreach materials,such as: handouts,
brochures,posters,newspaper clippings,press releases, ❑ ❑ ❑
and web e screen hard copies
S. Copies of selec[ed priMed materials,created for the
project or about it,&/or other kems that illustrate the ❑ ❑ ❑
successful com letion of the ro'ect
6. Selected copies of pidures,film,video, PowerPoint
presentation in CD,DVD,email&/or documentation ❑ ❑ ❑
preserrting your projed,if applicable
FlNANCIAL CLOSE-0UT
7 Attach receipu&/or auditable accounting detail(may include: � �
ledger-based copies,wncel checks,&payroll records)
8. Documentation of cash and in-kind match
CONTINUED
Page 14 of 16
King County Coo eratNe Watershed Management Fiscal Close-Out
Date
Recipient Name City of Auburn
Fenster-Construction Cost
PROJECE NAME Increase AWARD# 9.12.007
AWARD
Budget Line Item Amount of all
From Ezhibtt B Bud et) Budgeted Prevlous R uests Balance Forfeited
$ ' S -
S - � -
S - 5 -
5 - 5 -
5 - S
5 - 5 -
5 - 5 -
5 - 5 -
5 - 5 -
ToTatS: S - S - S -
MATCH
Item eudgeted Actual Balance Source
$ -
S
5
$ -
5
5
5 -
5
5 -
5 -
5 - S - 5 -
NOTES
CONTINUED
Page 15 of 16
PROVISIONS .
By signing this Financial CLOSEOUT, I an authorized representative of the
above named award recipient (RECIPIENT), confrm that I have examined the information contained herein and
that;to the best of my knowledge, it is a true and accurate account of all the financial expenses and in-kind
contributions incurred by the above named projeR in the course of fulfilling the mnditions of the AGREEMENT
between RECIPIENTand KingCounry(COUNTV�.
I hereby acknowledge that there are no further ezpenses associated wkh this project,nor any pending or future
'claims to the COUNTY and that the COUNTY is not liable for any expenses not documented in Attachment B
'(Budget)of the AGREEMENT I understand that the RECIPIENT is fully bound bythe provisions of the AGREEMEN7
�including,but not limited to,the return of COUNTY funds that are unspent or whose spending is unsubstantiated
'according to theterms ofthe AGREEMENT and the right to examine records. I further understand that the
COUNTY,upon examining the financial close-out and the flnal report submftted by the RECIPIENTwill determine
the amount of the balance due to the RECIPIENT
SIGNED DATE
❑Approved tor Close-0ut ❑ Not approved for close-out
EXAMINER SIGNATURE: DATE:
Notes:
END OF EXH181T E
Page 16 of 16