HomeMy WebLinkAboutReg 2019-09-16 Item 4D - Grant Acceptance - Chinook Wind Project Funding from WA State Recreation and Conservation Office for $314,400 (with $157,200 City Match)COUNCIL AGENDA S YNOPSIS
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09/16/19
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ITEM INFORMATION
ITEM No,
4.D.
S I, \ I I, SPONSOR: MIKE PERFETTI
ORR 3IN 11, A( END. 11 E: 09/16/19
G I:N1 1 II FM Tii'JiL Surface
RCO
(ALEA)
Water Fund - Chinook
Grant Application
Wind
Acceptance
C \ rt,GoRy Discussion
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Motion
Date 09/16/19
Resolution
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SPuNtioR's King County acquired the Chinook Wind site in 2015 and is currently developing the habitat
Summ \RN' restoration, meeting mitigation and obligations. The City will develop public use and
maintenance access through the site, including a trail, trailhead parking, site furnishings,
and signage. The grant is a total of $314,400 with a 500/0 City match, or $157,200, which is
budgeted in the Surface Water fund. Council is being asked to authorize the Mayor to
execute the RCO grant contract for the Chinook Wind Project for $157,200.00.
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CDN Comm II Finance
Comm. 111 Public Safety Comm.
Comm. E Planning Comm.
CH A ER ZAK IDAN
Arts Comm.
E Parks
Trans &Infrastructure
DATE: 09/04/19
COMMITTEE
RECOMMENDATIONS:
SPoNsoit/ADmIN.
Comml
Public Works Department
1-1 l'F Unanimous Approval; Forward to Regular Consent Agenda
COST IMPACT / FUND SOURCE
EXPI,NDI 11 RI Ri ,QI. [RED AMOUNT BUDGETED APPROPRIATION REQUIRED
$157,200.00 $225,000.00 $0.00
Fund Source: 412 - SURFACE WATER
Comments: Page 95, 2019 CIP
MTG. DATE
RECORD OF COUNCIL ACTION
09/16/19
MTG. DATE
ATTACHMENTS
09/16/19
Informational Memorandum dated 08/30/19
Page 95, 2019 CIP
Agreement with the RCO
Minutes from the Transportation & Infrastructure Committee meeting of 09/04/19
45
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Public Works Department - Henry Hash, Director
INFORMATIONAL MEMORANDUM
TO: Transportation and Infrastructure Committee
FROM: Henry Hash, Public Works Director ~.
BY: Mike Perfetti, Habitat Project Manager
CC: Mayor Ekberg
DATE: August 30, 2019
SUBJECT: Surface Water Fund - Chinook Wind
Project No. 91441202
RCO (ALEA) Grant Application Acceptance
Allan Ekberg, Mayor
ISSUE
Approve and sign a funding agreement with the State of Washington Recreation and Conservation Office
(RCO) for the Chinook Wind project.
BACKGROUND
The Chinook Wind Project will install an off -channel habitat and passive park, with the vision of creating a
greater habitat and trail corridor that will include Duwamish Gardens. King County acquired the Sleeping
Tiger motel site in 2015 and is currently developing the habitat restoration component of Chinook Wind
through their in -lieu fee mitigation program. The City of Tukwila, per City Resolution No. 1856, will accept
ownership of the Chinook Wind property in the future. King County is working to meet mitigation
requirements and obligations, and the City is taking the lead in developing public use and maintenance
access through the site, including a trail, trailhead parking, site furnishings, and signage. Both of these
efforts are being closely coordinated. Construction is anticipated to begin in 2020.
DISCUSSION
Council authorized the submittal of a grant application to the RCO in May 2018 (RCO ALEA grant #18-
2033) with City Resolution No. 1960 in June 2019. On August 20, 2019 the City received the grant
agreement for approval and signature.
FISCAL IMPACT
The RCO grant application total is $314,400 and requires a 50% City match, or $157,200. The City
match will come from 2019/2020 budgeted surface water funds of $225,000 or other grant/match
sources, if possible.
Grant
RCO Grant
City match
Total amount
2019 ALEA grant
$ 157,200
$ 157,200
$ 314,400
RECOMMENDATION
Council is being asked to authorize the Mayor to execute the RCO grant contract for the Chinook Wind
Project for $157,200 and consider this item on the Consent Agenda at the September 16, 2019 Regular
Meeting.
ATTACHMENTS
• Page 95, 2019 CIP
• Agreement with the RCO
W:IPW EngIPROJECTSIA- DR Projects\Chinook Wind (91441202)1Grants12018 RCO_ALEA\Info Memo_Chinook Wind_RCO Grant Acceptance_20190830.docx
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CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2019 to 2024
PROJECT: Chinook Wind Project No. 91441202
DESCRIPTION: King County purchased site and will restore it as a salmon estuary and passive park in partnership
with the City.
The WRIA 9 Salmon Recovery Plan recommends creating 20-acres of off -channel habitat within the
JUSTIFICATION: Duwamish Transition Zone and lists this section of the river as critical habitat for salmon recovery
within the Green/Duwamish Watershed.
STATUS: Property purchased and site cleared by King County in 2015 using King Conservation Futures and
King County Mitigation Bank. Site planned to be turned over to Tukwila.
MAINT. IMPACT: Passive park will require additional maintenance and will include Duwamish Gardens.
COMMENT:
Grant funding for construction is from the KC Mitigation Bank. City applied for State RCO grant of $138k
for trail & parking.
FINANCIAL Through Estimated
in $000's
2017 2018 2019
2020
2021
2022
2023
2024
BEYOND TOTAL
EXPENSES
Design
7
9
75
25
116
Land (RMI)
52
125
177
Monitoring
15
15
15
15
15
15
15
105
Const. Mgmt.
20
20
Construction
275
275
TOTAL EXPENSES
59
9
215
335
15
15
15
15
15
693
FUND SOURCES
Awarded Grant
138
138
Proposed Grant
50
137
187
Mitigation Actual
0
Mitigation Expected
0
City Oper. Revenue
59
9
165
60
15
15
15
15
15
368
TOTAL SOURCES
59
9
215
335
15
15
15
15
15
693
2019 - 2024 Capital Improvement Program
95
49
50
-cre T:ion and
Conservation Office
Project Sponsor: City of Tukwila
Project Title: Chinook Wind Public Access
RCO Project Agreement
Project Number: 18-2033D
Approval Date: 06/27/2019
PARTIES OF THE AGREEMENT
This Recreation and Conservation Office Agreement (Agreement) is entered into between the State of Washington by and
through the Recreation and Conservation Funding Board (RCFB 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.
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 a grant application for grant assistance, (2) enter into this project
agreement on behalf of the Sponsor(s) (including indemnification and waiver of sovereign immunity, if applicable, 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/Agent(s) of all
sponsors, unless otherwise allowed in Amendments and Agreement Section.
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 PROJECT REIMBURSEMENTS Section).
PURPOSE OF AGREEMENT
This Agreement sets out the terms and conditions by which a grant is made from the State Building Construction Account of
the State of Washington. The grant is administered by the Recreation and Conservation Office (RCO).
DESCRIPTION OF PROJECT
The City of Tukwila will use this grant to develop a trailhead, trail system, informational signage, and viewpoints within the
Chinook Wind habitat restoration project. This access will connect in the future with the nearby Duwamish Gardens trail
system, creating a substantial and unique urban water access experience. The primary recreation opportunities that this
project will provide is access to the Duwamish River off -channel mitigation site for viewing and to learn about area's history
and the extensive salmon recovery efforts along the river.
PERIOD OF PERFORMANCE
The period of performance begins on July 1, 2019 (project start date) and ends on January 31, 2023 (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 applicable RCWs, WACs, and any applicable 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.
STANDARD TERMS AND CONDITIONS INCORPORATED
The Standard Terms and Conditions of the Agreement are hereby incorporated by reference as part of this Agreement.
LONG-TERM OBLIGATIONS
For this development and renovation project, the sponsor's on -going obligations shall be in perpetuity and shall survive the
completion/termination of this Project Agreement unless otherwise identified in the Agreement or as approved by the funding
board. It is the intent of the funding board's conversion policy (see the Long -Term Obligations Of The Project Sponsors
section) that all lands acquired and/or facilities and areas developed, renovated, or restored with funding assistance remain in
the public domain in perpetuity.
RCO: 18-2033
Revision Date: 1/1/2019 Page 1 of 21
51
PROJECT FUNDING
The total grant award provided for this project shall not exceed $157,200.00. The RCO shall not pay any amount beyond that
approved for grant funding of the project and within the 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:
RCFB - Aquatic Lands Enhancement Acct
Project Sponsor
Total Project Cost
Percentage
50.00%
50.00%
100.00%
Dollar Amount Source of Funding
$157,200.00 State
$157,200.00
$314,400.00
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.
AMENDMENTS TO AGREEMENT
Except as provided herein, no amendment (including without limitation, deletions) of any of the terms or conditions of this
Agreement will be effective unless provided in writing signed by all parties. Extensions of the period of performance and minor
scope adjustments consented to in writing (including email) by the Sponsor need only be signed by RCO's director or
designee, unless otherwise provided for in another agreement a Sponsor has with the RCO. This exception does not apply to
a federal government Sponsor or a Sponsor that requests and enters into a formal amendment for extensions or minor scope
adjustments.
It is the responsibility of a Sponsor to ensure that any person who signs an amendment on its behalf is duly authorized to do
so, and such signature shall be binding on the Sponsor if the representative/agent signing has been authorized to do so by
Applicant Resolution/Authorization provided to the RCO and such Applicant Resolution/Authorization has not been withdrawn
by the governing body in a subsequent resolution.
Any amendment to this Agreement, unless otherwise expressly stated, shall be deemed to include all current federal, state,
and local government laws and rules, and policies applicable and active and published in the applicable RCO manuals or on
the RCO website in effect as of the effective date of the amendment, without limitation to the subject matter of the amendment.
Provided, any update in law, rule, policy or a manual that is incorporated as a result of an amendment shall apply only
prospectively and shall not require that an act previously done in compliance with existing requirements be redone.
COMPLIANCE WITH APPLICABLE STATUTES, RULES, AND POLICIES
This Agreement is governed by, and the sponsor shall comply with, all applicable state and federal laws and regulations,
applicable RCO manuals as identified below, and any applicable federal program and accounting rules effective as of the date
of this Agreement, and with respect to any amendments to this Agreement, as of the effective date of that amendment.
Provided, any update in law, rule, policy or a manual that is incorporated as a result of an amendment shall apply only
prospectively and shall not require that an act previously done in compliance with existing requirements be redone.
For the purpose of this Agreement, WAC Title 286, RCFB policies, and shall apply as terms of this Agreement.
For the purpose of this Agreement, the following RCO manuals are deemed applicable and shall apply as terms of this
Agreement:
• Aquatic Lands Enhancement Account (ALEA) - Manual 21
• Development Projects - Manual 4
• Long Term Obligations - Manual 7
• Reimbursements - Manual 8
SPECIAL CONDITIONS
1. Cultural Resources -Monitoring Required
This agreement requires compliance with Executive Order 05-05 and/or Section 106 of the National Historic Preservation Act.
RCO has completed the initial consultation for this project and archaeological monitoring of ground disturbing activities is
required. The Sponsor must comply with the monitoring plan developed by Willamette CRA and the King County Historic
RCO: 18-2033
52
Revision Date: 1/1/2019 Page 2 of 21
Preservation guidelines. The Sponsor must submit to RCO the results of the monitoring before final payment will be made. All
cultural resources work must meet reporting guidelines outlined by the Department of Archaeology and Historic Preservation.
RCO will defer to King County Historic Preservation in regards to the extent of monitoring required. In the event that the Army
Corps of Engineers makes a different cultural resources treatment recommendation for areas within their jurisdiction, RCO will
defer to the determination made by the lead federal agency.
2. Control and Tenure
The Sponsor has not met RCO's control and tenure requirements per the PROVISIONS APPLYING TO DEVELOPMENT,
MAINTENANCE, RENOVATION, AND RESTORATION PROJECTS, subsection C. Control and Tenure, of the Standard
Terms and Conditions. No development, restoration, or renovation activities shall occur, nor requests for reimbursement be
made related to this Project Agreement until RCO's control and tenure requirements are met. The Sponsor must provide
control and tenure documents meeting RCO requirements by July 31, 2020. Failure to comply with this Special Condition may
be grounds for termination of this Project Agreement per Termination and Suspension section of the Standard Terms and
Conditions.
AGREEMENT CONTACTS
The parties will provide all written communications and notices under this Agreement to the mail address or the email address
listed below if not both:
Sponsor Project Contact
Mike Perfetti
City of Tukwila
6300 Southcenter Blvd, Ste 100
Tukwila, WA 98188
Mike.Perfetti@TukwilaWA.gov
RCO Contact
DeAnn Beck
Natural Resources Building
PO Box 40917
Olympia, WA 98504-0917
deanna.beck@rco.wa.gov
These addresses and contacts shall be effective until receipt by one party from the other of a written notice of any change.
Decisions relating to the Agreement must be made by the Authorized Representative/Agent, who may or may not be the
Project Contact for purposes of notices and communications.
ENTIRE AGREEMENT
This Agreement, with all amendments and attachments, constitutes the entire Agreement of the parties. No other
understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the parties.
EFFECTIVE DATE
This Agreement, for project 18-2033, shall be subject to the written approval of the RCO's authorized representative and shall
not be effective and binding until the date signed by both the sponsor and the RCO, whichever is later (Effective Date).
Reimbursements for eligible and allowable costs incurred within the period of performance identified in the PERIOD OF
PERFORMANCE Section are allowed only when this Agreement is fully executed and an original is received by RCO.
The Sponsor has read, fully understands, and agrees to be bound by all terms and conditions as set forth in this Agreement
and the STANDARD TERMS AND CONDITIONS OF THE RECREATION AND CONSERVATION OFFICE AGREEMENT.
The signators listed below represent and warrant their authority to bind the parties to this Agreement.
City of Tukwila
By:
Name (printed):
Title:
Date:
RCO: 18-2033 Revision Date: 1/1/2019 Page 3 of 21
53
State of Washington Recreation and Conservation Office
On behalf of the Recreation and Conservation Funding Board (RCFB or funding board)
By: Date:
By:
Kaleen Cottingham
Director
Recreation and Conservation Office
Pre -approved as to form:
Assistant Attorney General
Date: 01 /01 /2019
RCO: 18-2033 Revision Date: 1/1/2019 Page 4 of 21
54
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(-'f«FoU[l['| lFra[lGOC)rtat'C)D & Infrastructure Committee
TRANSPORTATION &VNFRASTRUCT0RE COMMITTEE
Meeting Minutes
C0uDd(rn2rnbers: Zak |dan'Chair; Thomas McLeod, Kathy HOugaRiy
Staff: Henry Hash, Mike PerfettiScott Bates, Hari PnnnekJnti' Han Kirkland, Laurel
Humphrey
Guest Matthew Bates
CALL TO ORDER: Committee Chair Idan called the meeting to order at 5:30 p.m.
U. BUSINESS AGENDA
Grant Acceptance: Chinook Wind
Staff is seeking Council approval of a funding agreement with the State of Washington
Recreation and [DnS9rV3tiOn Office in the amount Of $157'200 for the Chinook Wind Project.
This project vviUiOSt3U8O0ff-[hanne}habitat8ndp3ssivep8/kaSp3/tVfa greater habitat and
trail corridor including Duwarnish Gardens. King County isdeveloping the habitat restoration
component and Tukwila istaking the lead in developing public use and maintenance access
including a trait, pa/king' site furnishings, and signage. The [ity's required 5096 match of
$157,200 is available from surface water funds and/or other grant 3ounC96 if available.
UNANIMOUS APPROVAL. FORWARD TO SEPTEK8BER 16,2019 REGULAR C0NSENTAGEND8.
B. Project Completion: South 141st Rapid Rectangular Flashing Beacon Crossings
Staff is seeking Council approval of contract completion and release of retainage to Westwater
Construction in the amount of $220'948.08 for the South 14I1t Street Rectangular Rapid
Flashing Beacon (RRFP) Pedestrian Crossings Project. This project constructed two new RRFP
crossings at South 141st Street and Tukwila International Boulevard, was completed on May 3,
2019, and was completed under budget. Chair Idan noted that security staff at the Mosque are
helping to direct pedestrians to use the new crossings. UNANIMOUS APPROVAL. FORWARD
TO SEPTEyNBER 16,2019 REGULAR CONSENT AGENDA'
C. Bid Award: Annual Bridge Inspections &Repairs
Staff is seeking Council approval to award a bid to Nordvind Company, LLC in the amount of
$320'400 for construction of the South I96m/200m Street Bridge Repair Project. This project
includes repair ofapproximately IOO linear feet of improvements within the right-of-way Of
South 200m Street, including removal and replacement of the [UD[/ete bridge approach and
associated structures onthe West side ofthe river. The bridge isshared with the City nfKent,
which recently repaired the approach on their side. UNANIMOUS APPROVAL. FORWARD TO
SEPTEMBER 16,2019 REGULAR CONSENT AGENDA.
D. State ofthe Cit«3Bridges Report
Staff briefed the Committee on the entire bridge inventory, discussing overall condition and
potential future actions. The City owns 23 bridges, 16 of which bear traffic and 7 pedestrian-
only.Th2nearecurnent(yfive bridges with 8sufficiency rating between 8O'l0O'six bridges rated
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