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HomeMy WebLinkAbout07/02/2024 07.E. Resolution authorizing acceptance of an amendment and Memorandum of Understanding and Engagement with Mid-Columbia Fisheries Enhancement Group for Riparian Restoration in Support of City's Bridge and William O. Douglas Trail < `y 1ljlt 14:4"'',, V-JN.07, s . BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7.E. For Meeting of: July 2, 2024 ITEM TITLE: Resolution authorizing acceptance of an amendment and Memorandum of Understanding and Engagement with Mid-Columbia Fisheries Enhancement Group for Riparian Restoration in Support of City's Bridge and William O. Douglas Trail SUBMITTED BY: Scott Schafer, Public Works Director *Bill Preston, City Engineer SUMMARY EXPLANATION: The City of Yakima (City) is amending an existing Memorandum of Understanding with Mid-Columbia Fisheries Enhancement Group (MCFEG) to provide for the five year restoration and maintenance of the city parcels adjacent to Cowiche Creek that were affected by the Cowiche Canyon Trail Project 2430. The permits for the project required the City to mitigate for wetland impacts by establishing new riparian vegetation along the creek and ensuring their establishment and survivability for at least five years. MCFEG has the experience and staff to perform this work for the City. They also have a project in the area and can more effectively coordinate mitigation efforts ensuring compliance and complete restoration efforts along the creek. Work will begin in 2024 at an estimated cost of$143,256. Future years will see a decrease in costs as the work is primarily maintenance at that point. Engineering will use Arterial Streets funding for these costs. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Strengthening Partnerships RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Resolution Revised MOU with MCFEG MOU Amendment Exhibit D Riparian 57 RESOLUTION NO. R-2024- A RESOLUTION authorizing acceptance of an Amendment and Memorandum of Understanding and Engagement between the City of Yakima and Mid- Columbia Fisheries Enhancement Group (MCFEG) for Riparian Restoration in Support of City's Bridge and William O. Douglas Trail. WHEREAS, the City desires to allow access to MCFEG to provide support for construction, planting, maintenance and monitoring of floodplain, riparian and wetland restoration sites on City property; and WHEREAS, the City desires assistance in meeting permit and obligations for riparian planting maintenance related to the Cowiche Canyon Trail Project 2430; and. WHEREAS, MCFEG has the experience and ability to conduct such restoration and associated maintenance; and WHEREAS, the City desires to amend an existing Memorandum of Understanding with the Mid-Columbia Fisheries Enhancement Group approved August 8, 2021 to include the City owned parcel adjacent to Cowiche Creek which is generally located adjacent to the north of Cowiche Canyon Road outside of Yakima, Washington (tax parcels number 18130934012, 18130934013, 1813162340, and 18131622412); and WHEREAS, MCFEG has provided a five (5) year estimate of costs and the City will fund the work utilizing the Arterial Streets funds; and WHEREAS, the City Council finds that it is in the best interest of the City and its residents to amend the agreement with MCFEG to conduct additional riparian restoration work as outlined in the amendment and original agreement; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to approve the Amendment and Memorandum of Understanding and Engagement between the City of Yakima and Mid-Columbia Fisheries Enhancement Group for Riparian Restoration in Support of the City's Bridge and William O. Douglas Trail. ADOPTED BY THE CITY COUNCIL this 2nd day of July, 2024. Patricia Byers, Mayor ATTEST: Rosalinda Ibarra, City Clerk 58 AMENDMENT AND MEMORANDUM OF UNDERSTANDING AND ENGAGEMENT BETWEEN THE CITY OF YAKIMA AND MID-COLUMBIA FISHERIES ENHANCEMENT GROUP Riparian Restoration in Support of City's Bridge and William O. Douglas Trail THIS AMENDMENT AND MEMORANDUM OF UNDERSTANDING AND ENGAGEMENT is made and entered into by the City of Yakima (hereinafter the "City") and the Mid-Columbia Fisheries enhancement Group, a non-profit corporation (hereinafter"MCFEG"). WHEREAS, the City is a municipal corporation of the State of Washington, with City Hall being located at 129 North 2nd Street, Yakima, Washington, 98901; and WHEREAS, Contractor's insurance coverage shall be primary insurance with respect to those who are Additional Insureds under this Contract. Any insurance, self-insurance or insurance pool coverage maintained by the City shall be in excess of the Contractor's insurance and neither the City nor its insurance providers shall contribute to any settlements, defense costs, or payments made by Contractor's insurance. All additional insured endorsements required by this Section shall include an explicit waiver or subrogation; and WHEREAS, MCFEG is a non-profit corporation duly formed and existing under the laws of the State of Washington, with offices in White Salmon, Washington, and a mailing address of P.O. Box 2211, White Salmon, Washington, 98672; and WHEREAS, the City owned parcel adjacent to Cowiche Creek which is generally located adjacent to the north of Cowiche Canyon Road outside of Yakima, Washington (tax parcel number 18130934012 and 18130934013); and WHEREAS, the City desires assistance in meeting permit obligations for riparian planting related to the 2023 construction of a portion of the William O. Douglas Trail and trail bridge over Cowiche Creek in the vicinity of tax parcels 18130934012 and 18130934013, 1813162340, and 18131622412; and WHEREAS, MCFEG has the experience and ability to conduct such riparian planting and associated maintenance; and WHEREAS, the parties have negotiated this Memorandum of Understanding in the above MOU of previously scoped work and Engagement for Floodplain and Riparian Restoration project on the City of Yakima's property at 2220 East Viola Avenue in Yakima, Washington; NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, the City and MCFEG full incorporate the recitals above and it is agreed by and between the City and MCFEG to follow the same outlined MOU, including the previous amendments thereto, that this amendment is attached with the increased scope of services outlined in Exhibit D: 59 1. Scope of Services. MCFEG agrees to perform the project and maintenance responsibilities outlined in the Scope of Work attached hereto as Exhibit"D" and fully incorporated herein through this reference, which will provide support for planning for riparian planting and restoration on City property and enhance the environment for the benefit of the City of Yakima and its residents, as well as protect, restore and maintain habitat areas along Cowiche Creek specific to the bridge and William O. Douglas Trail as outlined in the Scope of Work. 2. Terms and Conditions. All other terms and conditions of the MOU, as amended, remain in full force and effect. CITY OF YAKIMA MID-COLUMBIA FISHERIES ENHANCEMENT GROUP By: By: Bill Mast, Board President Date: Date: ATTEST: By: 60 EXHIBIT D Amendment to scope of work on City of Yakima property Mid-Columbia Fisheries Enhancement Group will: 1. Complete riparian restoration activities for implementation and maintenance to establishment of the approach to the new pedestrian bridge and adjacent areas disturbed by bridge and trail construction on tax parcels 18130934013 and tax parcel 18130934012 (shown in design plan sheet LP-1). This work location does not include revegetation or maintenance work along the trail, from the parking lot to the riparian restoration work area, or the trail on the west side of the creek from the bridge approach to Cowiche Canyon Lane. Implementation activities in 2024 include: • Apply jute netting to banks to reduce disturbance; • Replant disturbed area with native shrubs and trees; • Apply wood chip mulch to woody planting area for weed suppression above Ordinary High Water Mark; • Plant native wetland plant plugs and woody plants and apply wetland seed; and • Install deterrent fence around plantings, with access gates. 2. Complete implementation of riparian restoration on City-owned land near Cowiche Creek, tax parcel 18131623401 (shown in design plan sheet LP-2). This work location does not include the area disturbed in 2023 adjacent to the bridge. No maintenance is anticipated under this scope of work. Installation in 2024 includes: • Install riparian plantings. 3. Complete maintenance to establishment of riparian restoration installed by Mid- Columbia Fisheries in 2024 on City-owned tax parcel 18130934012 (shown in design plan sheet LP-1). Additional extensive maintenance work will be completed with MCF-secured grant funding. Maintenance to establishment in 2024 includes: • Complete weed management surrounding plantings 4. Complete maintenance to establishment of rehabilitation of construction access and staging areas on tax parcels 18130934013 and 18131622412. These areas were restored by Mid-Columbia Fisheries and partners beginning in 2010 using grant funding and are being restored to conditions prior to trail construction activities in 2023. Maintenance to establishment includes: • Complete weed management in rehabilitation area; and • Replant 300 trees and shrubs to rehabilitation area. 5. Complete billing and reporting to City of Yakima in a timely manner. 6. Communicate planning, implementation and completion of scoped work with City of Yakima. 61 7. Coordinate with City of Yakima to assure successful establishment of plantings in 2025-2028. The City of Yakima will: 1. Reimburse MCF for revegetation implementation and maintenance costs according to the estimated Budget in Exhibit D, totaling $143,256 for restoration and maintenance activities in 2024. 2. Coordinate with MCFEG on site activities, permitting, contracting and property management related to the planting and maintenance work. 3. Allow MCF access to City properties for revegetation planning. 4. Coordinate with MCF to assure successful establishment of plantings, and understands future stewardship requirements at sites in 2025 through 2028. 5. Coordinate with MCF on MCF installation of a grant-funded public education sign, if funded, on the trail providing information on the values of riparian habitat for water quality and salmon recovery. Project Element 2024 2025 2026 2027 2028 Site 1.Trail Construction Riparian Implementation (LP1) $83,322 Site 1.Trail Construction Riparian Maintenance(LP1) $27,602 $27,527 $25,337 $24,353 Site 2. Riparian Enhancement(LP2) $5,147 Site 3. Riparian Restoration Maintenance(LP3) $14,782 $15,225 $15,816 $14,854 Site 4. Rehabilitation of Restoration Sites(Staging Areas) $20,682 $11,311 $11,750 $9,970 $9,649 Administration $6,300 $5,178 $5,380 $5,581 $5,782 Indirect(10%) $13,023 $5,932 $6,047 $5,574 $3,978 Subtotal $143,256 $65,249 $66,521 $61,315 $43,762 2024 IMPLEMENTATION $143,256 2025-2028 MAINTENANCE $236,847 TOTAL, ALL YEARS $380,103 62