6f Memo Terminal 117 Habitat Restoration Tribal Agreements
COMMISSION AGENDA MEMORANDUM Item No. 6f ACTION ITEM Date of Meeting May 12, 2020________ DATE: April 30, 2020 TO: Stephen P. Metruck, Executive Director FROM: Jon Sloan, Sr. Manager, Environmental Programs SUBJECT: Terminal 117 Habitat Restoration and Duwamish Shoreline Access Project Agreements with Muckleshoot Indian Tribe and Suquamish Tribe Amount of this request: $0 Total estimated project cost: $25,921,000, with $307,500 going to each tribe ACTION REQUESTED Request Commission authorization to transmit funds that are necessary to fulfill agreements with the Muckleshoot Indian Tribe and Suquamish Tribe for construction of the Terminal 117 Habitat Restoration and Duwamish Shoreline Access Project. These funds are included in the previously authorized funding for the project. PROJECT INFORMATION Execution of the construction contract for the Terminal 117 Habitat Restoration and Duwamish Shoreline Access Project was authorized by Commission on April 28, 2020. As a necessary component of securing federal permits for the project, agreements were negotiated with the Muckleshoot Indian Tribe and Suquamish Tribe that require minor design modifications, installation of interpretive signage, special landscaping requirements, and a contribution of $307,500 to each tribe's fisheries mitigation fund. The agreements insure that the temporary loss of access to treaty-reserved fishing areas at the project area during construction are offset. Tribal consultation is undertaken for all in-water construction projects at the Port. These are standard agreements for Port projects and aligned with past practice involving significant inwater work. JUSTIFICATION The Terminal 117 Habitat Restoration and Duwamish Shoreline Access Project, over ten years in the making, supports the Port's triple-bottom line sustainability objectives: it achieves significant social, environmental, and financial goals. Construction of the project was authorized by Commission on April 28. As a component of federal permitting actions, tribal agreements were negotiated to offset temporary loss of treaty-reserved fishing area. These agreements, originally negotiated in 2018, now require a one-time contribution of $307,500 to Template revised January 10, 2019. COMMISSION AGENDA Action Item No. _6f_ Page 2 of 3 Meeting Date: May 12, 2020 the Muckleshoot Indian Tribe's and Suquamish Tribe's fisheries mitigation funds prior to start of construction. The pre-construction, non-monetary components of the agreements have already been fulfilled and the two tribes have removed their objections to the project permits. The agreements require Commission authorization to transmit the required funds in order for construction to proceed. The cost of these agreements are included as part of design and permitting costs in the Cost Breakdown for the full T117 project (approved on 4/28/20). Cost Breakdown for T117 project This Request Total Project Design $0 $3,496,000 Construction and operation1 $0 $22,425,000 Total $0 $25,921,000 ATTACHMENTS 1. Letter of Agreement between the Suquamish Tribe and Port of Seattle: Terminal 117 Habitat and Public Shoreline Access Project in the Duwamish Waterway 2. Letter of Agreement between the Muckleshoot Indian Tribe and Port of Seattle: Terminal 117 Habitat and Public Shoreline Access Project in the Duwamish Waterway PREVIOUS COMMISSION ACTIONS OR BRIEFINGS July 25, 2006 the Commission received public testimony regarding future uses for Terminal 117 May 13, 2008 the Commission approved entering into a memorandum of agreement (MOA) with the Trustees for crediting habitat restoration projects in and near the Lower Duwamish Waterway relating to future settlement of NRD claims; for execution of a professional services agreement for environmental review and application of permit authorizations; and to prepare plans and specifications for design and permitting of a fish and wildlife habitat restoration project at Terminal 117 under the MOA, for a total authorized expenditure of $210,000 October 27, 2008 the Commission approved entering into a settlement agreement regarding the Terminal 117 Site and Lower Duwamish Site cleanup costs and NRD liability July 7, 2009 the Commission adopted the Lower Duwamish River Habitat Restoration Plan, an inventory of Port of Seattle properties eligible for habitat restoration June 7, 2011 the Commission approved 1) permitting and design of an expanded fish and wildlife habitat restoration project at Terminal 117 for an estimated cost of approximately $3,021,000; and 2) execution of a contract for outside professional services to complete the permitting and design of the habitat restoration project at Terminal 117 1 Includes consideration of administrative costs, construction, design contingency, adaptive management, site maintenance, performance monitoring, and initial maintenance. Template revised June 27, 2019 (Diversity in Contracting). COMMISSION AGENDA Action Item No. _6f_ Page 3 of 3 Meeting Date: May 12, 2020 March 26, 2013 the Commission approved (1) purchase of the southern portion of the South Park Marina float structure to accommodate habitat restoration at Terminal 117 and (2) completing permitting and design for a public access viewpoint pier at Terminal 117 July 23, 2019 the Commission authorized advertising and executing a contract with a General Contractor/Construction Manager (GC/CM) "Heavy Civil," to assist with completion of design and permitting work associated with the Terminal 117 Habitat Restoration and Duwamish Shoreline Access Project (the "Project") Add the recent authorization Template revised June 27, 2019 (Diversity in Contracting).
Limitations of Translatable Documents
PDF files are created with text and images are placed at an exact position on a page of a fixed size.
Web pages are fluid in nature, and the exact positioning of PDF text creates presentation problems.
PDFs that are full page graphics, or scanned pages are generally unable to be made accessible, In these cases, viewing whatever plain text could be extracted is the only alternative.