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HomeMy WebLinkAboutAdden 1 CAG-13-009, Adden #1-16 FIRST AMENDMENT TO AGREEMENT BETWEEN KING COUNTY AND THE CITY OF RENTON FOR THE CEDAR RIVER GRAVEL REMOVAL PROIECT This First Amendment to the Agreement between King County and the City of Renton for Cedar River Gravel Removal Project executed February 6, 2013 ("Agreement"), amends portions of the Agreement's text and scope of work and budget("First Amendment"). King County may be referred to below as"the County," Renton, may be referred to as "the City" or"Renton,"and collectively they may be referred to as "the Parties." Except for those provisions amended by this First Amendment, all other terms of the Agreement remain in full force and effect. King County, in its capacity as service provider to the King County Flood Control Zone District ("KCFCD") under an interlocal agreement between the County and KCFCD,entered into the Agreement with Renton for the purposes of providing funds from the KCFCD to conduct the Cedar River Gravel Removal Project("Project") as described in Exhibit One to the Agreement, within the Renton city limits. The Project is currently being designed and conducted by the City with KCFCD and City funds. The Agreement provides in Section V., Revisions to Project Scope and/or Budget,that an amendment to the Agreement may be entered into by the Parties if it is projected by the City that Project costs will exceed the$5,313,000 amount provided for in the Agreement,and if the KCFCD makes additional funding available for the Project. Project costs are projected by the City to be$13,238,100, which includes the costs of King County staff time of$66,969,which will not be reimbursed to the City, but will be billed directly to the KCFCD. The KCFCD,through its past appropriations and through its adopted Six- Year Capital Improvement Program, is making up to the amount of$13,171,131 available for the Project in the form of reimbursements to the City, contingent on future appropriations by the KCFCD. The Agreement is hereby amended as follows: 1. The text of Section I., Purpose, is deleted in its entirety and the following is substituted therefor: The purpose of this Agreement is for the City to undertake activities in connection with the Cedar River Gravel Removal Project ("Project"), identified in the King County Flood Control District's("District") budget and Six-Year Capital Improvement Project plan (2016-2021). 1 The Project has been determined by the District to merit funding as consistent with the District's mission and purpose. King County in large measure through WLRD functions as the service provider to the District under the terms of an interlocal agreement("ILA") between King County and the District and under the ILA implements the District's annual work program and budget. King County by and through the WLRD is entering into this Agreement in its capacity as service provider to the District.This Agreement provides the terms under which the City will provide project management, design and engineering, environmental review and planning, public outreach,construction, construction management, implementation of project mitigation actions, monitoring, maintenance and reporting as required by the local, state and federal permits for the Project,and WLRD will reimburse the City up to $13,171,131 for Project costs, contingent upon such funds being appropriated by the District for the Project. The District has approved,through its 2012-2016 budgets, $12,057,970 for the Project, which has been provided or will be provided to the City. The$12,057,970 includes$329,202 to be provided to Renton through KCFCD Opportunity Fund grants.Through its 2017-2021 CIP allocation budget, it has identified an additional $1,180,130 for the Project,for a total of$13,328,100 of District funds for the Project,$66,969 of which will be available for the costs of King County staff time. 2. The last two paragraphs of Section II., Background, of the Agreement are deleted in their entirety and the following is substituted therefor: The Project is anticipated to be constructed during the summers of 2016 and 2017, due to the short in-stream work window allowed by Washington Department of Fish and Wildlife, difficult access into and out of the river to remove gravel, the extensive length of the Project site, and the sensitive nature of the work.The mitigation elements of the Project are anticipated to be constructed within three years of completion ofthe Project dredging. Required monitoring and maintenance of the mitigation will occur for the 10-year monitoring period,which is anticipated to be from 2017 through 2026, inclusive. The King County Flood Control District("District") has approved in its 2012-2016 budgets $12,057,970 for the Project, including$329,202 in KCFCD Opportunity Fund grants, and has identified an additional $1,180,130 in its 2017-2021 CIP allocation budget for the Project for a total of$13,238,100. Of this amount,$66,969 is to be made available to pay for King County 2 � staff costs. Of the remaining$13,171,131,WLRD will reimburse the City for actual costs to implement the Project up to this$13,171,131 amount, in accordance with Flood Control District Executive Committee Motion No 2016-03, and contingent upon appropriation of such funds by the District. 3. The text of Section VI., Billing and Payment, is modified by removing the struck through text and by adding the underlined text as follows: A. Contin�ent upon District apqropriation. WLRD shall pay the City up to ��,��w $13.171.131 for actual costs incurred to perform the tasks as described in Exhibit One, as currently budgeted in the District CIP budget for the Project. This includes$329,202 of Renton's 2012. 2013 and 2016 Opportunitv funds that are allocated to this proiect. B. Expenditures to be reimbursed by WLRD shall be included on itemized invoices submitted by the City and shall be subject to approval by WLRD.The City will invoice WLRD on a quarterly basis. Payment on approved invoices will be made within 45 days. C. The Parties represent that funds for conducting activities under Chis Agreement have been appropriated and are available for 2012-2016. To the extent that cbnducting activities covered under this Agreement requires future appropriations beyond current appropriation authority, each of the Parties obligations is contingent upon the appropriation of sufficient funds by that Party's legislative authority to complete the activities described herein. King County's obligations are further contingent upon the future appropriation of funds by the District. If no such appropriation is made by either Party, or by the District,this Agreement will terminate at the close of the appropriation year for which the last appropriation that funds these activities was made. 4. The Scope of Work attached and incorporated into the Agreement as Exhibit One is hereby removed and is replaced with the Scope of Work attached to this Amendment as Exhibit One, incorporated herein and made a part hereof. This Amendment is effective upon the signature of both Parties and may be executed in counterparts. 3 � IN WITNESS WHEREOF,the Parties hereto have executed this amendment on the � ✓ day of ����L . 201 VJ. Approved as to Form King County Joseph Rochelle Mark Isaacson Senior Deputy Prosecuting Attorney Director, Water and Land Resources Division Approved as to Form City of Renton <�%�y�` ' t ��/�,/(�•�•.,�i�.. Larry Warren Denis Law City Attorney Mayor ATTEST 7j3 � •;t'�l�li:fiiif%j%t�: i , ,�;`�� O���t//, Jason A.S th ;�`` '� �� �A% City Cler _ � � Q� i= $ �y�9 z :;1 � '� � �e;_ cpd� ��'� .,;� ,;., �'���,6�{',i`,,;<,' ,�,,� 4 '��' IN WITNESS WHEREOF,the Parties hereto have executed this amendment on the `7 day of l"i��� , 201 �A. I Approved as to Form King County � �� � Joseph Rochelle Mar Isaacson Senior Deputy Prosecuting Attorney Director,Water and Land Resources Division Approved as to Form City of Renton Larry Warren Denis Law City Attorney Mayor ATTEST Jason A.Seth City Clerk 4 Exhibit One Scope of Work Cedar River Gravel Removal Project Proiect Description The Cedar River Gravel Removal Project("Project") has two primary components: gravel removal and mitigation. Gravel removal will involve several phases, including: staging and mobilization, construction and surveying dredging and excavation of approximately 114,000 CY of river bed material, hauling and disposal of dredged material, existing bank stabilization maintenance and repair, installation of new bank protection armoring, planting, and site restoration. Gravel removal is expected to be accomplished with heavy equipment(excavators, bull dozers, frontend loaders, graders, earthmovers, etc.) and dump trucks. Due to the extensive length of the project site,gravel removal may be broken into several sequenced phases covering smaller, more manageable work areas. Also, the work may need to occur over two summers. In this case,several of the above-described activities would be repeated for each successive phase. Any work activities that will take place below the ordinary high water level will occur during permit prescribed summer instream work window(June 15-August 31); however, other work activities may occur outside the instream work window, such as staging and mobilization, stockpiling, hauling and disposal of gravel spoil, some site restoration, and demobilization.. Mitigation is the second primary component of the Project. Specific mitigation actions were determined through consultation with regulatory and tribal agencies during the design and permitting process and are described in the "Mitigation Plan—Revised Report for the Cedar River Maintenance Dredging Project, Renton, Washington" (GeoEngineers 2016).This mitigation plan describes avoidance, minimization,and mitigation measures proposed to offset impacts of the Project.At the time of the execution of the First Amendment to Agreement, the proposed project mitigation measures include invasive species management, native vegetation plantings,filling void spaces in existing riprap, removal of existing gabions and replacement with bioengineered bank protection, maintenance and monitoring actions in the spawning channels that were constructed as mitigation for the previous gravel removal project, lighting impacts reduction planning and implementation, a scour monitoring study, and acquisition of wetland mitigation grant credits. As required by the project permits and described in the 5 approved project mitigation plan, monitoring, maintenance and reporting is also required for the various project mitigation elements. Scope of Work The Scope of Work will include all tasks and activities necessary to implement the Project, including both the gravel removal and any required mitigation, as detailed below under the following task headings. 1. Project Management 2. Engineering and Design 3. Environmental Review and Permitting 4. Outreach and Stakeholder Involvement 5. Construction Contract Solicitation and Award 6. Construction and Construction Management—Gravel Removal 7. Construction and Construction Management—Mitigation 8. Monitoring, Maintenance and Reporting Task 1. Project Management The City shall manage the Project scope, schedule and budget to ensure timely and effective Project implementation. This includes coordinating City staff and management,County staff and management, consultants, contractors, and Project stakeholders. This task also includes providing quarterly project progress reports to WLRD. This task will be ongoing throughout the duration of the Project. Actions: • Quarterly project management coordination meetings (meetings may be requested more frequently if/when deemed necessary). The King County Project Liaison (KCPL)will be provided the opportunity to attend all meetings. Deliverables: • Quarterly progress reports(reports may be requested more frequently if/when deemed necessary, such as during construction),to include scope/schedule/budget status, accomplishments, issues and concerns, next steps,and action items • Quarterly invoices for project expense reimbursement, subject to WLRD review and approval 6 Task 2. Engineering and Design The City shall prepare plans, specifications,quantity and cost estimates and other technical information required to obtain permits, inform stakeholders and the public, develop contract documents and construct the Project. Also included are planning, data collection and supporting analyses and studies. This may include hydrologic and hydraulic analyses,geomorphic analyses,geotechnical engineering, topographic and bathymetric survey, habitat survey, and all other actions necessary to complete this task. This task will be supported by existing data and information including previous river cross-section data collected by the City, King County, and State of Washington, Lower Cedar River Spawning data, and City and King County hydraulic models. Obtaining any necessary construction easements are included in this task. Actions: • Design Kickoff Meeting • Design Review Meetings • Site Visits The KCPL will be provided the opportunity to attend all meetings and site visits. Deliverables: � Consultant RFPs • Consultant SOWs • Technical Reports and Memos • Mitigation Alternative Selection • 30% Design Package (PS&E, engineers estimate, tech memo) • 60% Design Package (PS&E, engineers estimate,tech memo) • 90% Design Package (PS&E, engineers estimate, tech memo) • Final Design Package (PS&E, engineers estimate, tech memo) • Bid package The KCPL will be provided with the opportunity to review and comment on all consultant RFPs and scopes of work, technical reports and memos, and all design packages. The City's selected consultant, selected mitigation alternative and the final design package are subject to approval by KCPL. 7 Task 3.Environmental Review and Permitting The City will conduct all required environmental review and obtain all permits necessary to construct the Project. This will include compiling existing data and information,collecting new data, conducting analyses and preparing corresponding reports as necessary to document existing conditions as needed to conduct required environmental review(such as SEPA), preparing and submitting all necessary permit applications, and determining mitigation requirements. Depending on the nature and extent of any required mitigation,anticipated permits and consultations may include: - US Army Corps of Engineers—404 and Section 10 permits - US F&WS and NMFS—ESA Consultation - Muckleshoot Indian Tribe— Coordination - WDFW—Habitat Project Approval - WDOE—401 Certification, NPDES construction permit - WDOE—CZM consistency and Shorelines review - WDNR—Aquatic Use Authorization/Aquatic Lands Lease - WDAHP—Cultural resources compliance - City Permits(gravel removal)—Shorelines,Grading, Critical Areas,SEPA - County Permits (mitigation)—Shorelines, Grading, Critical Areas Actions: • Pre-application meetings with agencies • Public meetings associated with environmental review process • Site visits with agencies, as needed • Develop a mitigation plan • Develop a mitigation agreement with Washington Department of Fish and Wildlife The KCPL will be provided the opportunity to participate in these meetings and site visits. Deliverables: • Publications associated with environmental review process (such as draft and final SEPA Checklist) • Publications associated with agency consultation and permit application (such as biological assessment) • Other technical reports supporting permit applications 8 • Permit applications • Mitigation Plan • Mitigation Agreement The KCPL will be provided the opportunity to review and comment on the above prior to submittal of permit applications to regulatory agencies. Task 4. Outreach and Stakeholder Involvement The City will conduct proactive outreach and involvement with Project stakeholders and the public. Project success will depend on early,close and consistent coordination with affected stakeholders, including: the Boeing Company,the Renton Municipal Airport,the Muckleshoot Indian Tribe,citizen groups,and regulatory agencies (local,state and federal). While outreach to inform and solicit feedback from the general public will be important, more focused and targeted coordination with key stakeholders throughout the Project cycle will be essential. Actions: • Stakeholder Meetings • Public Meetings The KCPL will be provided the opportunity to attend all meetings. Deliverables: • Public Meeting Notices � Press Releases • Project Webpage The KCPL will be provided the opportunity to review and comment upon all deliverables prior to release. Task 5. Construction Contract Solicitation and Award The City will conduct all actions necessary to solicit, award and execute construction contracts for the gravel removal project and the associated mitigation projects. 9 Actions: • Bid document package preparation • Bid advertisement • Pre-bid site visit • Contractor evaluation and selection • Contract execution The KCPL will be provided the opportunity to participate in the pre-bid site visit, and to review and comment upon the bid document package, and contractor evaluation and selection. The award of the contracts is subject to KCPL approval. Task 6. Construction and Construction Management—Grave) Removal The City will implement all steps necessary to implement the project, including construction, construction management,compliance with permit conditions, construction inspection and reporting. This task includes only the Cedar River gravel removal project. Actions: • Periodic site visits to the gravel removal construction site • Punch list walkthrough and documentation The KCPL will be provided the opportunity to participate in the pre-bid site visit, in-progress construction site visits, and punch list walk-through and documentation, and to pre-approve the awarding of the contract. Deliverables: • Construction management plan • Change orders • Completed construction project • As-built or record drawings The KCPL will be given the opportunity to review and comment upon the construction bid documents. Any construction change orders in excess of$50,000 are subject to KCPL approval. 10 Task 7. Construction and Construction Management-Mitigation The City will implement all steps necessary to complete the construction of the capital projects necessary to satisfy the mitigation requirements for the Cedar River Gravel Removal Project as required by the project permits and described in the Army Corps of Engineers approved project Mitigation Plan and the Cedar Maintenance Dredging Project Mitigation Agreement with WDFW.This includes construction,construction management,compliance with permit conditions,construction inspection, and reporting. Actions: • Periodic site visits to the mitigation construction sites • Punch list walkthrough and documentation Deliverables: • Construction management plan • Change orders • Completed construction projects • As-built or record drawings for each mitigation project The KCPL will be given the opportunity to review and comment upon the construction management plans. Any construction change orders in excess of$10,000 are subject to KCPL approval. Task 8. Monitoring, Maintenance and Reporting The City will implement all monitoring, maintenance and reporting activities as required by the permits associated with the project and as described in both the "Cedar River Maintenance Dredging Project Mitigation Agreement", entered into between the City and WDFW, and the Army Corps of Engineers approved "Mitigation Plan—Revised Report Cedar River Maintenance Dredging Project" (GeoEngineers 2016). Actions: • Vegetation maintenance, monitoring, and reporting for Years 1 (2017)through Year 10 (2026) • Light improvement monitoring and reporting • Scour monitoring and reporting in main channel from Renton Library to Houser Way North for the two spawning seasons following dredging. • Spawner and redd counts—the City will conduct weekly sockeye spawner counts and redd counts in the two mitigation spawning channels in the summer and fall of each year for Year 1 (2017)through Year 10 (2026) • Annual cross-section surveys for Year 1 (2017)through Year 10(2026) 11 Deliverables: • Annual inspections and monitoring of flow depth,water velocity and substrate quality in the Elliot and Royal Hills Spawning Channels. • Maintenance of the Elliot and Royal Hills Spawning Channels, mitigation planting areas and other mitigation elements. • Annual Monitoring Reports-these reports will document the results of all monitoring activities conducted for each year. • Annual Sediment Reports—these reports will specifically document the annual monitoring of sediment accumulation within the lower two miles of the Cedar River. 12 Estimated Proiect Costs � Task Number � Task Description � Budget($) � I 1 I Project Management � $426,787 � I 2 &3 I Engineering& Design/Environmental Review& Permitting � $ 1,536,864 � � 4 � Outreach and Stakeholder Involvement � $ 25,588 � I 5 I Construction Contract Solicitation and Award I $ 20,000 � I 6 Construction and Construction Management—Gravel $ 8,873,971 Removal � 7 I Construction and Construction Management—Mitigation � $ 585,061 � � 8 � Monitoring, Maintenance and Reporting � $ 633,000 � � Subtotal � � $ 12,101,271 I � 10%Contingency � � $ 1,069,860 � � TOTAL � � $ 13,171,131 � Cost Share Responsibilities � Item � Budget($) � � WLRD—King County Flood Control District � $ 12,841,929 � I City of Renton—2012-2015 KCFCD Subregional Opportunity Fund � $ 150,000 � � City of Renton—2016 KCFCD Subregional Opportunity Fund � $ 179,202 � I TOTAL* I $ 13,171,131 I *This figure does not include the$66,969 of King County staff time to be provided to the Project. This amount will be funded by the District,and when taken into account,the total contribution of the District to the Project is to be$13,238,100. 13