Template revised January 10, 2019.
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 in-
water 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
COMMISSION AGENDA – Action Item No. _6f_ Page 2 of 3
Meeting Date: May 12, 2020
Template revised June 27, 2019 (Diversity in Contracting).
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
Total Project
Design
$0
$3,496,000
Construction and operation
1
$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.
COMMISSION AGENDA – Action Item No. _6f_ Page 3 of 3
Meeting Date: May 12, 2020
Template revised June 27, 2019 (Diversity in Contracting).
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