HomeMy WebLinkAboutReg 2015-10-19 Item 5F - Grant Amendment #2 - WA State Recreation and Conservation Office for Duwamish Gardens in Amount of $200,000COUNCIL AGENDA SYNOPSIS
Meetin g Date Prepared by Mayor's revi Council review
10/19/15 BG
ITEM INFORMATION
ITEM NO.
5. F.
57
STAFF SPONSOR: BOB GIBERSON
ORIGINtALAGENDA D,k'1 "E: 10/19/15
AGENDA I'I'I;M TIri,1, Duwamish Gardens
Grant Amendment No. 2 for additional WA State RCO grant funding
CATEGORY ❑ Discussion
Mtg Date
® Motion
Aft
g Date 10119115
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ BidAward
g Date
Aft
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑Finance ❑Fire ❑ IT ❑ P&R ❑ Police ® PW
SPONSOR'S The City entered into Agreement No. 14 -102 with the WA State Recreation & Conservation
SUMMARY Office (RCO) to provide $949,434 in construction grant funding for Duwamish Gardens.
Amendment No. 1 added $250,000 in grant funding and for Amendment No. 2, staff was
able to add an additional $200,000. Matching funds also increased by $200,000, but can be
covered by the existing $1.5 million in non -RCO grant funding. Council is being asked to
approve RCO's Amendment No. 2 for an additional $200,000 in grant funding.
RrviFWED BY COW Mtg. ❑ CA &P Cmte ❑ F &S Cmte ❑ Transportation Cmte
® Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 10/13/15 COMMITTEE CHAIR: DENNIS ROBERTSON
RECOMMENDATIONS:
SPONSOR /ADYZIN. Public Works Department
COMMII'I'1 E Unanimous Approval; Forward to Regular Consent Agenda
COST IMPACT / FUND SOURCE
EXPF,NDI,ruRI. REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
Fund Source: 301 PARKs FUND (PAGE 36, 2015 CIP)
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
10/19/15
MTG. DATE
ATTACHMENTS
10/19/15
Informational Memorandum dated 10/09/15
WA State RCO Grant Amendment No. 2 to Contract No. 14 -102
Minutes from the Utilities Committee meeting of 10/13/15
57
rp-c-I
PLO]
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO:
Mayor Haggerton
Utilities Committee
FROM:
Bob Giberson, Public Works Director w
By:
Ryan Larson, Senior Program Manager
DATE:
October 9, 2015
SUBJECT: Duwamish Gardens
Project No. 90630102, Agreement No. 14 -102
Grant Amendment — Recreation and Conservation Office
ISSUE
Approve a grant amendment with the Washington State Recreation and Conservation Office
(RCO) for additional construction funding for the Duwamish Gardens Project.
BACKGROUND
The City acquired the Duwamish Gardens site in 2008 for restoration as a salmon habitat site
with minor park elements. The project's design, permitting, and demolition, are complete and
construction will begin this spring.
The City entered into Agreement No. 14 -102 with RCO to provide construction funding for the
Duwamish Gardens project. This agreement as supplemented provides a total of $1,199,434
in construction funding and requires $381,523 in matching funds, which can come from any
combination of other available funding. Construction costs for the project were higher than
estimated and staff was able to secure an additional $200,000 in construction funding from
RCO.
ANALYSIS
The Recreation and Conservation Office developed a grant amendment that will provide the
additional $200,000 in construction funding for Duwamish Gardens. With this increased
funding level, the City is also required to provide $200,000 in additional matching funds,
bringing the total RCO match requirement to $581,523. As with the previous grant agreement,
these funds can be matched using any other non -RCO grant or City funds. A total of
$1,565,000 is available in non -RCO grant funding, which covers the total RCO match
requirement. The other grant funding is from the King Conservation District ($300k) and the
King County Flood Control District ($1.265m).
RECOMMENDATION
Council is being asked to approve a grant amendment with the Washington State Recreation
and Conservation Office for $200,000 in additional grant funding for Duwamish Gardens and
consider this item on the Consent Agenda at the October 19, 2015 Regular Meeting.
Attachment: RCO Amendment to Project Agreement
W:1PW Eng1PROJECTSW DR Projects\Duwamish Gardens 06 -DR02 ( 90630102)1 Grants \ConstrucbonlRCOlAdditional Funding Request #ZInfo Memo RCO Construction Grant Amendment 2.docx
59
MI, 1,
"y WASHINGTON STATE
Recreation and
_�_a Conservation Office Amendment to Project Agreement
Project Sponsor: City of Tukwila Project Number: 13 -1099R
Project Title: Duwamish Gardens Restoration Amendment Number: 2
Amendment Type:
Cost Change
Amendment Description:
The project agreement is increased by $163,577 of 2011 -13 PSAR return funds awarded by the Puget Sound
Partnership in their letter dated August 27, 2015 and $36,423 of 2015 -17 PSAR funds awarded by WRIA 9 on the
2015 SRFB Project Funding List, and $200,000 in additional sponsor match bringing the total project agreement
amount to $1,980,957 to afford higher than anticipated construction costs.
Project Funding:
The total cost of the project for the purpose of this Agreement changes as follows:
Agreement Terms
In all other respects the Agreement, to which this is an Amendment, and attachments thereto, shall
remain in full force and effect. In witness whereof the parties hereto have executed this Amendment.
State Of Washington
Recreation and Conservation Office
1
BY:
Kaleen Cottinqham
TITLE: Dire fno'r'
DATE: u�
Pre - approved as to form:
BY: /S/
Assistant Attorney General
City of Tukwila
AGENCY:
BY:
TITLE:
DATE:
PSAR Project Cost Change Amendment
State Buildino Construction Account RCW 77.85, WAC61
AMENAGRI.RPT
Old Amount
New Amount
Amount
%
Amount
%
RCO - PSAR
$872,081.00
55.16%
$1,072,081.00
54.12%
RCO - SALMON ST PROJ
$327,353.00
20.71%
$327,353.00
16.52%
Project Sponsor
$381,523.00
24.13%
$581,523.00
29.36%
Total Project Cost
$1,580,957.00
100%
$1,980,957.00
100%
Admin Limit
$0.00
0.00%
$0.00
0.00%
A&E Limit
$139,004.25
9.64%
$174,173.89
9.64%
Agreement Terms
In all other respects the Agreement, to which this is an Amendment, and attachments thereto, shall
remain in full force and effect. In witness whereof the parties hereto have executed this Amendment.
State Of Washington
Recreation and Conservation Office
1
BY:
Kaleen Cottinqham
TITLE: Dire fno'r'
DATE: u�
Pre - approved as to form:
BY: /S/
Assistant Attorney General
City of Tukwila
AGENCY:
BY:
TITLE:
DATE:
PSAR Project Cost Change Amendment
State Buildino Construction Account RCW 77.85, WAC61
AMENAGRI.RPT
Amendment Agreement Description
Project Sponsor: City of Tukwila
Project Title: Duwamish Gardens Restoration
Project Number: 13 -1099 R
Amendment Number: 2
Agreement Description
City of Tukwila proposes to complete Duwamish Gardens estuary restoration project, creating valuable shallow water
habitat and native riparian vegetation on a 2.34 acre site owned by the City (Acq 06 -2199) and on adjacent WADNR
aquatic lands. The site is located on the right bank of the Duwamish River immediately downstream of river mile 7.0
between the Codiga Farms restoration at RM 8.5 and North Wind's Weir restoration at RM 6.4, in the high priority
Duwamish Estuary "transition zone" between fresh and salt water. Off channel and shallow water habitats in this stretch
of the Duwamish are needed to provide opportunities for juvenile Chinook to move out of the main channel to habitats
where they can feed and rear. Longer residence times in the estuary allow for larger, healthier smolts prior to ocean
migration, and thus, improved survival. The property is among the largest available site for habitat restoration remaining
in the Duwamish corridor.
The new habitat will be created by excavating 30,000 cubic yards of material to establish approximately —0.89 acre of
shallow water mudflat and marsh habitat, and —1.24 acre of restored riparian area. Additional park enhancements will
include a small parking lot, pedestrian trail, and river viewpoint, to be installed with non -SRFB funds. Interpretive signs
and /or art work will feature the cultural history of the area and ecological features of the site.
Amendment Eligible Scope Activities
Project Sponsor: City of Tukwila Project Number: 13 -1099
Project Title: Duwamish Gardens Restoration Project Type: Restoration
Program: Puget Sound Acq. & Restoration Amendment #: 2
Restoration Metrics
Worksite #1, Duwamish Gardens
Targeted salmonid ESU /DPS (A.23):
Targeted species (non -ESU species):
Project Identified In a Plan or Watershed Assessment (C.O.c)
Type Of Monitoring (C.O.d.1):
Estuarine / Nearshore Project
Total Amount Of Estuarine / Nearshore Acres Treated (C.9.b):
Creation of new estuarine area (C.9.q.1)
Acres of Estuary Created (C.9.q.2):
Estuarine planting or native plant establishment (C.9.r.1)
Acres of Estuarine planting or native plant establishment (C.9.r.3):
Exclusion devices (C.9.p.1)
Acres Treated with exclusion devices (C.9.p.2):
Regrading of slope (C.9.i.1)
Acres of Estuary Treated through slope regrading (C.9.i.2):
Removal of existing fill material (C.9.g.1)
Acres of Estuary Treated through fill material removal (C.9.g.2):
General restoration activities
Restoration fencing and gates
Number of gates:
Linear feet of fencing:
Traffic control
Utility relocation / reconnection
Utilities relocated / reconnected:
Cultural Resources
Cultural resources
Permits
Obtain permits
Chinook Salmon -Puget Sound ESU,
Chum Salmon -Puget Sound /Strait of
Georgia ESU, Coho Salmon -Puget
Sound /Strait of Georgia ESU, Pink
Salmon -Odd year ESU,
Steelhead -Puget Sound DPS
Bull Trout, Cutthroat, Rainbow, Searun
Cutthroat
Green / Duwamish and Central Puget
Sound Watershed Resource Inventory
Area 9 (WRIA 9) Steering Committee,
August 2005. Salmon Habitat Plan -
Making Our Watershed Fit for a King.
Prepared for the WRIA 9 Forum. King
County, 201 S. Jackson St., Suite 600,
Seattle, WA, 98104.
Implementation Monitoring
0.9
0.9
1.2
0.5
0.9
0.9
IN
Communication, Power, Sewer, Storm
sewer, Water
Includes investigations that have already
been completed monitoring and data
recovery during construction, and
mitigation which are eligible
pre - agreement expenses, not included
in scope of design grant.
AELIGREIM.RPT September 23, 2015 Page: 631
Amendment Special Conditions
Project Sponsor: City of Tukwila Project Number: 13 -1099 R
Project Title: Duwamish Gardens Restoration Amendment Number: 2
Special Conditions
FEDERAL FUND INFORMATION
This project is match to the following federal funding source (s) and the same provisions apply as if this project were funded by
the federal funding source(s) as a federal subaward.
Federal Agency: US Environmental Protection Agency
Catalog of Federal Domestic Assistance. Number and Name: 66.123 - Puget Sound Action Agenda
Federal Award Identification Number: PC-OOJ321 01
Federal Fiscal Year: 20151
Federal Award Date: 12/29/2010
Total Federal Award: $12,269,999
Federal Award Project Description: Technical Investigations and Implementation Assistance Program
If federal funding information is included in this section, this Agreement is funded by a federal subaward from a portion of the total
federal award. This funding is not research and development (R &D).
If the sponsor's total federal expenditures are $750,000 or more during the sponsor's fiscal year, the sponsor is required to have
a federal single audit conducted for that year in compliance with 2 C.F.R Part 200, Sub Part F - Audit Requirements, Section 500
(2013). The sponsor must provide a copy of the final audit report to RCO within nine months of the end of the sponosor's fiscal
year, unless a longer period is agreed to in advance by the federal agency identified in this section.
RCO may suspend all reimbursements if the sponsor fails to timely provide a single federal audit; further the RCO reserves the
right to suspend any RCO Agrements with the sponsor is such noncompliance is not promptly cured.
Comply with Attachment A: The sponsor agrees to comply with Attachment A "EPA Provisions for Puget Sound Estuary and
Restoration Projects ". Attachment A is incorporated by this reference as if fully set forth herein. This project is used as state
match for the National Estuary Program administered by the U.S. Environmental Protection Agency. As such, the EPA
Provisions are required in addition to the RCO standard Terms and Conditions.
Disclosure notice:
Projects funded with state Salmon Recovery Funding Board and Puget Sound Acquisition and Restoration money may be used
by RCO, the Puget Sound Partnership or Northwest Indian Fisheries Commission as match to one of the following federal
assistance agreements: 1) United States Department of Commerce Catalog of Federal Domestic Assistance Number 11.438, or
2) United State Environmental Protection Agency Catalog of Federal Domestic Assistance Numbers 66.123 and 66.456.
Cultural Resources Consultation:
This project is subject to the National Historic Preservation Act, Section 106, and therefore appears to be exempt from Governor's
Executive Order 05 -05 Archaeological and Cultural Resources (EO 05 -05) as described in Section 9 of this project agreement. In
order for this project to be exempt from EO 05 -05, the Section 106 Area of Potential Effect (APE) must include all
ground- disturbing activities subject to this project agreement, including the restoration staging area. The sponsor is encouraged
to work with the federal permitting agency to align the Section 106 APE with the scope of work subject to this project agreement.
If the APE does not include all ground- disturbing activities subject to this project agreement, promptly notify the RCO grant
manager, as this will require RCO to initiate cultural resources consultation following EO 05 -05 for those activities not included in
the federal APE. Completion of this consultation and a Notice to Proceed from RCO will be required before these
ground- disturbing activities can begin.
State Owned Aquatic Lands:
Habitat Restoration on State Owned Aquatic Lands: The in -water portion of this project occurs on state -owned aquatic lands
managed by the Department of Natural Resource (DNR) on behalf of the State of Washington. The project sponsor must work
with DNR's Aquatic Land Managers to secure a lease, an easement or a right of entry, as authorization to complete the
restoration work. It is important for the sponsor to coordinate early with the appropriate Land Manager to avoid project delays.
See the DNR Land Manager Coverage Map for contact information in your project area
( <<http• / /www.dnr.wa.gov /Publications /agr land manager map.pdf >>). Additional information on State -owned aquatic lands can
be found in Section 2 of Manual 18 (2012).
64 ASPECCONO.RPT Seiatember 24. 2015 Page 1
Amendment Special Conditions
Contaminated Soils Remediation Ineligible:
In 2004 Gary Struthers Associates, Inc (GSA) conducted a Phase II Environmental Site Assessment (ESA) for Sound Transit
on the site, and in 2008 a supplemental Phase II ESA was completed. One or more of the soil samples contained
concentrations slightly or moderately exceeding the State of WA Model Toxics Control Act (MTCA) Method A or B soil cleanup
levels (see Attachment 43 for additional information).
Sponsor acquired the property with funding from PRISM No. 06 -2199
(https: / /secure.rco.wa.gov /prism/ search /projectsnapshot .aspx ?ProjectNumber -06- 2199). Acquisitions Manual 3 (2010) p 46
states that "Purchase of property contaminated with any hazardous substance not meeting the MTCA's standards is ineligible
for RCO grant funding." In order to avoid a compliance issue, sponsor agreed to bear the site clean -up and remediation costs.
In the letter from RCO to sponsor dated Nov 22, 2011, RCO agreed that the clean -up can be delayed to coincide with the
restoration work provided that by December 31; 2015 the site would be clean, or there would be a fully- funded plan in place
for clean -up (06 -2199 PRISM Attach 50
https:Hsecure.rco.wa.gov /prism/ search /ProjectSnapshotAttachmentData .aspx ?id = 129874).
Before putting this project out to bid; the sponsor will secure approval from RCO on a plan to 1) manage the contaminated soil
clean -up and remediation in compliance with applicable state and federal laws and 2) segregate associated clean -up costs
from the restoration project excavation costs. The costs of the contaminated soil clean -up including soil removal,
transportation, and disposal are ineligible for reimbursement or match under this project agreement.
Construction Design Deliverables:
The project will meet the standards for Design and Restoration Project Deliverables described in Manual 18 Appendix D
"Construction and "Design Build" Deliverables." The preliminary and final design was completed with funding from Project
Agreement No. 10- 1605.. For this project agreement, the sponsor must provide As -built design documents at completion of
construction.
PSAR funded projects:
The Puget Sound Partnership approved $79,664.53 in 2011 -2013 PSAR funding be allocated to the project as part of Cost
Change Amendment #1, and an additional $163,577 in 2011 -13 PSAR funding be allocated to the project as part of Cost
Change Amendment #2. PSP requires this funding be fully expended and an invoice submitted to RCO for approval by
October 30, 2015 in order to have the funding fully drawn down by November 30, 2015.
Any signage or press materials must acknowledge the Puget Sound Acquisition and Restoration Fund as well as RCO as a
fund source.
wcnr_ni+nr.in MDT nnec J511
NOV
4
City Of Tukwila
Utilities Committee
UTILITIES COMMITTEE
Meeting Minutes
October 13, 2015 — 5:30 p.m. — Foster Conference Room, 6300 Building
PRESENT
Councilmembers: Dennis Robertson, Chair; Verna Seal, De'Sean Quinn
Staff: Bob Giberson, Frank Iriarte, Robin Tischmak, Mike Cusick, Gail Labanara and
Laurel Humphrey
Guest: Dominador Amor, Local Government Manager, Puget Sound Energy
CALL TO ORDER: Chair Robertson called the meeting to order at 5:30 p.m
I. PRESENTATIONS
II. BUSINESS AGENDA
A. Ordinance: Approving a Franchise Agreement with Puget Sound Energy. Inc.
Staff is seeking Council approval of an ordinance approving a Franchise Agreement with
Puget Sound Energy that covers both gas and electric services. The agreement provides
for a 15 -year non - exclusive franchise that allows PSE to construct, install, maintain and
operate electric power and natural gas systems in Tukwila. Staff reviewed the terms of the
agreement, which includes a $5,000 administrative fee paid to the City. Committee Chair
Robertson asked Mr. Amor if he would be willing to discuss issues around the city's legal
ability to obtain power records when investigating illegal marijuana grow operations, and Mr.
Amor indicated that he would. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 19,
2015 REGULAR CONSENT AGENDA.
B. Bid Awards: Central Business District Sanitary Sewer Rehabilitation
Staff is seeking Council approval of a contract with Michels Corporation in the amount of
$528,464.52 for the 2015 Central Business District Sanitary Sewer Rehabilitation Project,
which will address deterioration of the approximately 50 year old sanitary sewer pipes in
that area. Staff is also seeking Council approval of a contract with Olson Brothers - Pro -Vac,
LLC in the amount of $105,068.10 for the 2015 Sanitary Sewer Manhole Rehabilitation
Project, which will restore 9 manholes. UNANIMOUS APPROVAL. FORWARD TO
OCTOBER 19, 2015 REGULAR CONSENT AGENDA.
C. Grant Amendment: Duwamish Gardens
Staff is seeking Council approval of a grant amendment with the Washington State
Recreation and Conservation Office for $200,000 additional construction funding for the
Duwamish Gardens Project. This supplement will bring the total to $1,199,434.00 and the
total required match to $581,523. Funds for the match are available from other grant
sources. Duwamish Gardens is being restored as a salmon habitat site with minor park
elements. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 19, 2015 REGULAR
CONSENT AGENDA.
D. Real Estate Exchange: Duwamish Gardens
Staff is seeking Council approval of a Real Estate Exchange and Purchase Agreement and
an Indemnity Agreement with Amalfi Investments. The City is exchanging a small portion
of the northern property along East Marginal Way South for Amalfi's larger property located
along the river. This will allow a greater area to be developed into habitat as well as make
the site contiguous with the Chinook Wind property. The City will pay Amalfi $7,200.00 for
:/