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HomeMy WebLinkAboutReg 2018-05-21 Item 4G - Grant Agreement - Riverton Creek Flap Gate Removal Funding from Salmon Recovery Funding Board / WA State Recreation and Conservation Office for $846,965COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared 6y Mayor's ew Council review 05/21/18 HH L -v\ ITEM INFORMATION ITEM No. 4.G. CAS NUMBI?R: STAFF SPONSOR: HENRY HASH ORIGINAL AGENDA D;ATI?: 05/21/18 AGENDA ITI':NI TITLE Riverton Creek Flap Gate Removal Acceptance of State Salmon Recovery Funding Board Grant CX1'EGORY ❑ Discussion IVltg Date L Motion Date 05/21/18 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award llltg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date Mtg SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police // P11" SPONSOR'S Council is being asked to accept two grants that have been awarded to the Riverton Creek SUMMARY Flap Gate Removal Project. The State of Washington's Salmon Recovery Funding Board and the Recreation and Conservation Office both awarded grants to this project. The first grant was delayed until approval of the State's construction budget. Both grants will now be combined into one grant agreement. Council is being asked to accept the final grant of $846,965 with a 15% match of $149,465.00. RI\II\XTD BY ❑ COW Mtg. ❑ CA&P Cmte ❑ F&S Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. DATE: 05/14/18 COMMITTEE CHAIR: THOMAS ►1 Transportation Cmte ❑ Planning Comm. MCLEOD RECOMMENDATIONS: SPONSOR/ADMIN. CoNInrrrrl•;I. Public Works Unanimous Approval; Forward to Regular Consent Agenda COST IMPACT / FUND SOURCE EXPI:NDI1'URI? RI?(?UIRI?D AMOUNT BUDGETED APPROPRIATION REQUIRED $996,430.00 $982,000.00 $14,430.00 Fund Source: 412 SURFACE WATER FUND (PAGE 108, 2017 CIP) Comments: City funds are $360,000, yet with additional grant of $295,895, City match will be $149,465 MTG. DATE RECORD OF COUNCIL ACTION 05/21/18 MTG. DATE ATTACHMENTS 05/21/18 Informational Memorandum dated 05/11/18 2017 CIP, page 108 State Funding Board Project Agreement Minutes from the Transportation & Infrastructure Committee meeting of 5/14/18 86 City of Tukwila Alcan Ekberg, Mayor Public Works Department - Henry Hash, Director INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Committee FROM: Henry Hash, Public Works Director r/% BY: Mike Perfetti, Habitat Project Manager CC: Mayor Ekberg DATE: May 11, 2018 SUBJECT: Riverton Creek Flap Gate Removal Project No. 99830103 Acceptance of SRFB Grant ISSUE Authorize the Mayor to sign a grant agreement with the State of Washington by and through the Salmon Recovery Funding Board (SRFB) and the Washington State Recreation and Conservation Office (RCO). BACKGROUND The City applied for and was awarded a Puget Sound Acquisition and Restoration (PSAR) grant in 2016 in the amount of $551,070 for the Riverton Creek Flap Gate Removal Project. In 2017, the City applied for and was awarded an additional $295,895 Salmon Recovery grant. The 2017 State construction budget was not passed until January 2018 and delayed the issuance of the 2016 PSAR grant award. Consequently, the 2016 PSAR and 2017 Salmon Recovery grants have now been combined into one grant agreement. DISCUSSION The RCO grant agreement has now been finalized and is ready for signatures. FISCAL IMPACT There is a 15% match required for the RCO SRFB grant. The City match will come from surface water utility revenue with $308,000 currently budgeted in 2017 and 2018. Grant 2016 PSAR Award City match 2017 SRFB Total $551,070 295,895 $97,248 52,217 $846,965 $149,465 Total $648,318 348,112 $996,430 RECOMMENDATION Council is being asked to authorize the Mayor to execute the RCO SRFB grant contract for the Riverton Creek Flap Gate Removal Project and consider this item on the Consent Agenda at the May 21, 2018 Regular Meeting. Attachments: 2017 CIP Pg 108 Funding Board Project Agreement: Riverton Creek Flap Gate Removal, No. 17-1048R W:\PW Eng \PROJECTS\A- DR Projects\Riverton Flap Gate Removal (99830103 98-DR03)\Grants\Phase 2\Combined 2016_2017 RCO grant\Info Memo RCO grant acceptance 051118 gl sm mp.docx 87 88 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2017 to 2022 PROJECT: Riverton Creek Flap Gate Removal Project No. 99830103 DESCRIPTION: Remove two culverts and flap gates at Duwamish River; install pipe arch, create open channel confluence, install trail bridge over new channel, restore/revegetate 200 feet of creek channel and 450 ft. of pond shoreline. JUSTIFICATION: Increase available salmonid rearing habitat and increase flood refuge in lower Duwamish River. Improve fish access to Riverton Creek and enhance salmon rearing and resting area. STATUS: Design at 70% completion in 2011 with a Salmon Recovery Funding Board grant of $42,500 and $30,000 from People for Puget Sound. Construction is grant dependent. MAINT. IMPACT: Expected to increase maintenance. Proposed grants include State & Federal habitat grants. Project used as mitigation for East Marginal Way Pipe Replacement Project and HPA Control#133763-1 requires work to be completed by June 11, 2019. COMMENT: FINANCIAL Through Estimated in $000's 2015 2016 2017 2018 2019 2020 2021 2022 BEYOND TOTAL EXPENSES Project Location' ii /y .. /lik Design 114 10 108 ti fr 232 Land (RNV) linen 0 Const. Mgmt. 100 100 Construction 650 650 TOTAL EXPENSES 114 10 108 750 0 0 0 0 0 982 FUND SOURCES Awarded Grant 72 72 Proposed Grant 550 550 Mitigation Actual 0 Mitigation Expected 0 Utility Revenue 42 10 108 200 0 0 0 0 ' 0 360 TOTAL SOURCES 114 ' 10 108 750 0 0 0 0 0 982 2017 - 2022 Capital Improvement Program 108 89 Project Location' ii /y .. /lik ti fr linen 2017 - 2022 Capital Improvement Program 108 89 90 WASHINGTON STATE Recreation and Conservation Office Project Sponsor: Project Title: Funding Board Project Agreement City of Tukwila Riverton Creek Flapgate Removal II Project Number: 17-1048R Approval Date: 1/31/2018 A. PARTIES OF THE AGREEMENT This Funding Board Project Agreement (Agreement) is entered into between the State of Washington by and through the Salmon Recovery Funding Board (SRFB or funding board) and the Recreation and Conservation Office (RCO), P.O. Box 40917, Olympia, Washington 98504-0917 and City of Tukwila (Sponsor, and primary Sponsor), 6200 Southcenter Blvd, Tukwila, WA 98188, and shall be binding on the agents and all persons acting by or through the parties. The Sponsor's Data Universal Numbering System (DUNS) Number is 010207504. All Sponsors are equally and independently subject to all the conditions of this Agreement except those conditions that expressly apply only to the primary Sponsor. Per the Applicant Resolution/Authorizations submitted by all sponsors (and on file with the RCO), the identified Authorized Representative(s)/Agent(s) have full authority to legally bind the Sponsor(s) regarding all matters related to the project, including but not limited to, full authority to: (1) sign an application to the funding board for grant assistance, (2) enter into this project agreement on behalf of the Sponsor(s) (including indemnification and waiver of sovereign immunity as provided therein), (3) enter any amendments thereto on behalf of the Sponsors, and (4) make any decisions and submissions required with respect to the project. Agreements and amendments must be signed by the Authorized Representative of all sponsors. If a Sponsor wishes to change its Authorized Representative/Agent as identified on the original signed Applicant Resolution/Authorization, the Sponsor has the obligation to provide to RCO in writing a new Applicant Resolution/Authorization signed by its governing body. Unless a new Applicant Resolution/Authorization has been provided, RCO will be entitled to rely upon the fact that the current Authorized Representative/Agent has the authority to bind the Sponsor to the Agreement (including any amendments thereto) and decisions related to implementation of the Agreement. For the purposes of this Agreement, as well as for grant management purposes with RCO, only the primary Sponsor may act as a fiscal agent to obtain reimbursements (see Section 11. PROJECT REIMBURSEMENTS). B. PURPOSE OF AGREEMENT This Agreement sets out the terms and conditions by which a grant is made from the General Fund - Federal and State Building Construction Account of the State of Washington. The grant is administered by the Recreation and Conservation Office (RCO) to the Sponsor for the project named above per the director's authority granted in RCW 79A.25.020. C. DESCRIPTION OF PROJECT The City of Tukwila will improve habitat conditions along the lower 1300 lineal feet of Riverton Creek and restore fish access between the creek and the Duwamish River, providing off -channel rearing habitat for salmonids, including the ESA listed Chinook salmon, steelhead, and bull trout. The property is located along the Green River Trail on the left bank of the Duwamish River at RM 6.5, all within the tidally influenced estuary. Restoration will include a) adding large wood to the creek channel, b) removing invasive vegetation and installing native plants to establish a native riparian buffer along 400 ft on the Duwamish River and on each side of the creek, including a 1/4 acre emergent wetland, c) replacing two perched culverts and flapgates with an open culvert/bridge that supports the trail, d) installing a new pedestrian bridge/culvert for the Green River Trail and structural reinforcement to the adjacent roadway (Tukwila International Blvd). The site is across the river from Duwamish Gardens and Chinook Wind habitat restoration projects, and adjacent to the SR 599 off ramp to Tukwila International Boulevard. Reconnecting the creek to the river requires construction of a structural sheet pile wall to protect the southern Tukwila International Boulevard bridge abutment.The pedestrian bridge and an interpretive sign will provide an opportunity for people to experience nature and view wildlife. This Duwamish River bank is categorized as 'critical' on the Muckleshoot Tribes Sun Aspect Map, identifying a most critical need of shade based on solar aspect. D. PERIOD OF PERFORMANCE The period of performance begins on January 19, 2018 (project start date) and ends on June 30, 2021 (project end date). No allowable cost incurred before or after this period is eligible for reimbursement unless specifically provided for by written amendment or addendum to this Agreement or specifically provided for by WAC Title 420; or SRFB policies published in RCO manuals as of the effective date of this agreement, The Sponsor must request extensions of the period of performance at least 60 days before the project end date. The Sponsor has obligations beyond this period of performance as described in Section F: Long -Term Obligations. RCO 17-1048R Revision Date: 1/11/2018 Page 1 of 38 91 E. STANDARD TERMS AND CONDITIONS INCORPORATED The Standard Terms and Conditions of the Project Agreement are hereby incorporated by reference as part of this Agreement. F. LONG-TERM OBLIGATIONS For this restoration project, the sponsor's on-going obligations shall be for a minimum of ten (10) years, or more as specific in the Landowner Agreement, after the final payment and shall survive the completion/termination of this Project Agreement unless otherwise identified in the Agreement or as approved by the funding board. G. PROJECT FUNDING The total grant award provided by the funding board for this project shall not exceed $846,965.00. The funding board shall not pay any amount beyond that approved for grant funding of the project and within the funding board's percentage as identified below. The Sponsor shall be responsible for all total project costs that exceed this amount. The minimum matching share provided by the Sponsor shall be as indicated below: Percentage Dollar Amount Source of Funding SRFB - Salmon Federal Projects SRFB - Puget Sound Acq. & Restoration 29.70% 55.30% Project Sponsor 15.00% Total Project Cost $295,895.00 Federal $551,070.00 State $149,465.00 100.00% $996,430.00 H. FEDERAL FUND INFORMATION If federal funding information is included in this section, this project is funded by, matched by, and/or funded in part by the following federal award, or subaward: Federal Agency: US Dept of Commerce Catalog of Federal Domestic Assistance Number and Name: 11.438 - PCSRF Federal Award Identification Number: NA17NMF4380181 Federal Fiscal Year: 2017 Federal Award Date: 07/20/2017 Total Federal Award: $18,236,000 Federal Award Project Description: FY2017 Pacific Coast Salmon Recovery - Pacific Salmon Treaty Program Sponsor's Indirect Cost Rate: 0.00% of all costs for this agreement 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 Sponsor'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 and all RCO Agreement(s) with the Sponsor if such noncompliance is not promptly cured. I. RIGHTS AND OBLIGATIONS INTERPRETED IN LIGHT OF RELATED DOCUMENTS All rights and obligations of the parties under this Agreement are further specified in and shall be interpreted in light of the Sponsor's application and the project summary and eligible scope activities under which the Agreement has been approved as well as documents produced in the course of administering the Agreement, including the eligible scope activities, the milestones report, progress reports, and the final report. Provided, to the extent that information contained in such documents is irreconcilably in conflict with this Agreement, it shall not be used to vary the terms of the Agreement, unless those terms are shown to be subject to an unintended error or omission. This "Agreement" as used here and elsewhere in this document, unless otherwise specifically stated, has the meaning set forth in the definitions of the Standard Terms and Conditions. 92RCO 17-1048R Revision Date: 1/11/2018 Page 2 of 3s Transportation & Infrastructure Committee Minutes May 14, 2018 C. Grant Application: Chinook Wind Staff is seeking Committee approval to submit a grant application to the Washington State Recreation and Conservation Office's Aquatic Lands Enhancement Account (ALEA) program for the Chinook Wind project. The City of Tukwila will accept ownership of the Chinook Wind property from King County and desires to develop public use and maintenance access including a trail, trailhead parking, site furnishings and signage. ALEA grants are capped at $500,000 and require a 50% match. If awarded, the City's match would come from the Conservations Futures grant previously awarded through King County. UNANIMOUS APPROVAL. D. Grant Agreement: Riverton Creek Flap Gate Removal Staff is seeking Council approval of a grant agreement in the amount of $846,965 with the State *of Washington by and through the Salmon Recovery Funding Board (SRFB) and the Washington State Recreation and Conservation Office (RCO) for the Riverton Creek Flap Gate Removal project. This project will remove two culverts and flap gates in Riverton Creek for the purpose of improving salmonid habitat and access. This agreement combines two separate grant awards previously accepted by the City but delayed due to the timing of the State construction budget. UNANIMOUS APPROVAL. FORWARD TO MAY 21, 2018 REGULAR CONSENT AGENDA. E. Memorandum of Agreement: 53rd Avenue South - South 137th Street to South 144th Street Staff is seeking Council approval of a memorandum of agreement with Seattle City Light to share the costs of undergrounding the electrical distribution system as part of the 53rd Avenue South project. Under the agreement, Seattle City Light will be responsible for 60% and the City of Tukwila 40%, with Tukwila's share anticipated to be $571,615.60 based on the bid proposal and Underground Electrical System costs. The final costs will be adjusted to reflect actual costs incurred during construction although the ratio will remain 60/40. Councilmember Idan questioned why this agreement is being made while construction is underway and suggested that in the future staff should work to include the actual cost share in an earlier stage prior to construction. UNANIMOUS APPROVAL. FORWARD TO MAY 21, 2018 REGULAR CONSENT AGENDA. F. Supplemental Agreement: 42nd Avenue South Phase III and Gilliam Culvert Replacement Staff is seeking Council approval of Supplemental Agreement No. 1 to Contract No. 17-085 with AECOM in the amount of $791,270.00 for the 42nd Avenue South Phase III and Gilliam Creek Culvert Replacement projects. This will allow AECOM to continue providing construction engineering, inspection, documentation compliance support, and material testing through the completion of the project expected by the end of 2018. UNANIMOUS APPROVAL. FORWARD TO MAY 21, 2018 REGULAR CONSENT AGENDA. G. Annual Pavement and Repair Program Forecast Staff provided an overview of the condition of roadway pavement and funding scenarios to keep pace with deterioration. There are over 200 lane miles of paved asphalt roadways in the city, and the current Pavement Condition Rating (PCR) of this network is in the mid -80s on a scale of 1-100 (100 being a new roadway). Due to the increasing cost of construction and updated rehabilitation strategies, the current $1.4M annual budget for the Overlay and Repair Program will not keep pace with maintenance needs and could lower the PCR by 93