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Approve Recreation Grant Agreement for Cowlitz River Public Access Point Project, Packwood BEFORE THE BOARD OF COUNTY COMMISSIONERS LEWIS COUNTY, WASHINGTON IN THE MATTER OF: RESOLUTION NO. 20-037 APPROVING A RECREATION GRANT AGREEMENT BETWEEN TACOMA POWER AND LEWIS COUNTY FOR THE COWLITZ RIVER PUBLIC ACCESS POINT PROJECT, ALTA DRIVE MP 045 TO 055, PACKWOOD WHEREAS, Lewis County Department of Public Works has successfully obtained funding in the amount of $89,120 00 which requires a contract to be executed with Tacoma Power for the Cowlitz River Public Access Point Project, Alta Drive MP 045 to 055, Packwood, and WHEREAS, the County Engineer has reviewed the Agreement and recommends that the Board of County Commissioners (BOCC) authorize the execution of the agreement with Tacoma Power NOW THEREFORE BE IT RESOLVED that the BOCC has determined the grant agreement in the amount of $89,120 00 for the Cowlitz River Public Access Point Project, Alta Drive MP 045 to 055, Packwood, is in the best public interest and the Chair is hereby authorized to sign the same on behalf of the BOCC. DONE IN OPEN SESSION this 27th day of January, 2020. APPROVED AS TO FORM. BOARD OF COUNTY COMMISSIONERS Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON Amber Smith Gary Stamper By. Amber Smith, Gary Stamper, Chair Deputy Prosecuting Attorney ATTEST. ••co_-:-T • '-•• • Edna J J . Fund w. • �S PgO OF'Sh'i•. •/° '"c;,,Edna J. Fund, Vice Chair CE ° • J V l X545 ° ; • G `S''.Ss • • Rieva Lester •y�O:°�•'•• Robert C. Jackson Rieva Lester, Robert C. Jackson, Commissioner Clerk of the Lewis County Board of County Commissioners 3628 South 35th Street Tacoma,Washington 98409-3192 TACOMA POWER TACOMA PUBLIC UTILITIES TACOMA •U•LIC UTILITIES December 30, 2019 Ann Weckback Environmental Planner Lewis County Department of Public Works 2025 NE Kresky Avenue Chehalis, WA 98532 SUBJECT. Recreation Grant Agreement for the Cowlitz River Public Access Point Project Dear Ann, Enclosed are two original grant agreements signed by Tacoma for the Cowlitz River public access point project in Packwood After Lewis County has signed both agreements, please retain the fully signed one for your records and return the one that Tacoma's Legal Department inadvertently did not sign. I will have our Legal Department sign that one when we receive it back from you and we will retain it for our records Lewis County may begin this project at any time following our receipt of the signed agreement from you If the project is not expected to be completed before the end of 2020, an extension can be granted, but should be requested several months in advance. A copy of the original application is provided in Exhibit A and the funding guidelines are included in Exhibit B The total grant is $89,120.00. You can submit invoices to Eric Russell in our Natural Resources Department at the letterhead address Sections 4-6 of the Project Agreement describe the compensation process. The invoices, along with any supporting documentation, should be detailed enough so that Tacoma Power staff can determine what is being submitted for reimbursement and whether it is an administrative or construction cost When we assign a finance number to the Agreement, you will be provided the number so you can include it on each invoice Remittance from Tacoma Power will be made only to Lewis County and all invoices from Lewis County should identify the same payee and address Tacoma Power typically pays invoices within 30 days of receipt. You may contact me at(253) 502-8782 or bforrestci tacoma wa us if you have any questions about the enclosed agreement Future inquiries should be directed to Eric Russell at(253) 502-8137 or erussell@ci tacoma wa us Your project will be a very welcome recreation facility in the Cowlitz River watershed. ncerely let Forrester Wildlife and Lands Manager cc Chad Chalmers, Tacoma Power Lisa Dill, Tacoma Power Eric Russell, Tacoma Power Keith Underwood, Tacoma Power RECREATION GRANT FOR COWLITZ RIVER PUBLIC ACCESS POINT PROJECT AGREEMENT Agreement No. BETWEEN CITY OF TACOMA DEPARTMENT OF PUBLIC UTI iLI T IES LIGHT DIVISION (TACOMA POWER) AND LEWIS COUNTY DEPARTMENT OF PUBLIC WORKS This Project Agreement (hereinafter referred to as "Agreement"), made and entered into effective this day of , 2019, by and between the City of Tacoma, Department of Public Utilities, Light Division, a municipal corporation of the State of Washington (hereinafter referred to as "TACOMA POWER"), and the Lewis County Department of Public Works (hereinafter referred to as "LEWIS COUNTY"). RECITALS WHEREAS, Article 19 of the Federal Energy Regulatory Commission (FERC) License for the Cowlitz Hydroelectric Project (FERC No 2016) effective July 18, 2003, required TACOMA POWER to develop a plan to establish a grant program for the construction of eligible facilities to improve access to public waters in the Cowlitz Project vicinity with the funding from TACOMA POWER to be made available three times with up to $67,000 at each award cycle, and WHEREAS, FERC approved the Water Access Facilities Grant program plan on August 30, 2006, and the Public Utility Board of the City of Tacoma authorized funding on July 11, 2007, and WHEREAS, the Water Access Facilities Grant program plan allows for larger grant awards if warranted by the public benefit, and WHEREAS, a total of $22,120.00 of unspent funds from previous grants was applied to the current grant bringing the total funding offered to $89,120 00, and WHEREAS, the Water Access Facilities Grant program grants are available to fund water access facilities in the Cowlitz River basin upstream of the mouth of the Toutle River on public land or land with legal public access and are available to state or federal agencies, municipal subdivisions, Native American tribes or non-profits with a primary mission related to recreation or natural resources, and 1 WHEREAS, LEWIS COUNTY applied to TACOMA POWER and was awarded a $89,120.00 Water Access Facilities Grant in May 2019 to construct a public access point on the Cowlitz River on lands owned by LEWIS COUNTY, and WHEREAS, LEWIS COUNTY desires to move forward with design and construction of the facilities detailed in the grant proposals, and WHEREAS, TACOMA POWER is obligated to reimburse eligible costs as described in the grant materials and has the funds necessary to pay, and WHEREAS, TACOMA POWER and LEWIS COUNTY seek to establish written guidance for grant administration and for provisions in the original grant applications regarding maintenance, liability, public access and other provisions related to the grant funded facilities WITNESSETH: NOW THEREFORE, in consideration of covenants, conditions, performances, and promises hereinafter contained, the parties hereto agree as follows 1) SERVICE PROVISIONS a) Funds awarded under this Agreement shall be used by LEWIS COUNTY solely for the Cowlitz River Public Access Point project as described in the application dated March 9, 2019 (Exhibit A -Water Access Grant), and as referenced in Exhibit B (Water Access Facilities Fund Grant Information) Exhibits A and B are attached hereto and fully incorporated herein by reference b) LEWIS COUNTY shall perform in accordance with the terms and conditions of this Agreement c) In the event of conflicting terms or inconsistencies between this Agreement and the Exhibits A and B, this Agreement shall prevail d) All services requiring reimbursement from TACOMA POWER shall be satisfactorily completed and invoices submitted to TACOMA POWER on or before November 30, 2020 to facilitate payment before December 31, 2020 e) LEWIS COUNTY shall comply with all applicable provisions of TACOMA POWER's Water Access Facilities Grant program including those requirements listed in the Water Access Facilities Fund Grant Information (Exhibit B) 2) FUNDING The total funds awarded to LEWIS COUNTY hereunder shall be a sum up to, but not to exceed Eighty-nine thousand, one hundred and twenty dollars ($89,120 00) 2 3) AGREEMENT PERIOD a) The effective date of this Agreement shall be the date the Agreement is signed by TACOMA POWER b) This Agreement shall expire 25 years after the date the Agreement is approved by TACOMA POWER, unless mutually extended in writing by the Parties However, ownership of the improvements as described in Section 14 shall prevail 4) COMPENSATION AND REIMBURSABLE ITEMS a) TACOMA POWER shall compensate LEWIS COUNTY for the services and deliverables performed under this Agreement as follows i) LEWIS COUNTY shall be reimbursed for all expenses directly related to the construction of the Cowlitz River Public Access Point project as described in Exhibits A and B Costs not found on the following list should be approved by TACOMA POWER before expenditure to be sure they are reimbursable a Reimbursable administrative costs not to exceed 20 percent of the total, which may include: engineering, planning, maps, miscellaneous supplies, cultural resource surveys, printing, reports, hearings, billing and travel to the site. b Reimbursable construction costs to include surveys, permits, labor cost of contractors and staff, volunteer support, equipment charges and mileage, site improvements, supplies, equipment needed to make the facility usable and vegetation for landscaping c Non-reimbursable costs include entertainment, publicity, overcharges and fines, bonus payments, costs in excess of the grant, unspecified overhead, insurance premiums, legal costs, cost to operate facility, donations, furniture and appliances and retroactive costs prior to signing Project Agreement 5) MATCHING FUNDS a) The release of funds under this Agreement is not contingent upon any matching funds provided by LEWIS COUNTY for the Cowlitz River Public Access Point project 6) PAYMENT PROVISIONS a) Payments to LEWIS COUNTY will be made on a reimbursement basis For the purposes of this Agreement, reimbursement shall be construed to mean costs incurred and paid, or costs incurred and payable within thirty (30) days of receipt of an eligible invoice. b) Each request for payment shall include a completed Status Report and/or evidence of costs paid by LEWIS COUNTY. c) After receiving and approving the invoice and accompanying forms, TACOMA POWER shall promptly remit a warrant to LEWIS COUNTY. d) The expenditure of TACOMA POWER funds shall be controlled so that LEWIS COUNTY expenditures never exceeds the intended grant amount 3 e) Ten percent of the final reimbursement may be held by TACOMA POWER for payment until the completion and inspection of the final project 7) EVALUATION AND MONITORING a) LEWIS COUNTY shall maintain books, records, documents, and other evidence of accounting procedures and practices, which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement These records shall be subject at all reasonable times to inspection, review, or audit by personnel duly authorized by TACOMA POWER, the Office of the State Auditor, and federal officials so authorized by law, rule, regulation, or agreement LEWIS COUNTY will retain all books, records, documents, and other materials relevant to this Agreement for six years after final payment, and make them available for inspection by persons authorized under this provision 8) COMPLIANCE WITH APPLICABLE LAW a) LEWIS COUNTY will comply with, and TACOMA POWER is not responsible for determining compliance with, all applicable federal, state, and local laws, regulations, and policies, including, but not limited to State Environmental Policy Act, Americans with Disabilities Act, Architectural Barriers Act (restoration and improvement projects only); Uniform Relocation Assistance and Real Property Acquisition Policies Act (restoration and improvement projects only); Uniform Standards of Professional Appraisal Practices, permits (shoreline, HPA, demolition), land use regulations (comprehensive areas ordinances, GMA), cultural resource regulations, and federal and state safety and health regulations (OSHA/WISHA) LEWIS COUNTY further agrees to indemnify and hold harmless TACOMA POWER from all liability, damages and costs of any nature, including but not limited to costs of suits and attorneys' fees assessed against TACOMA POWER, as a result of the failure of LEWIS COUNTY to so comply In addition, any rules and regulations imposed as a condition of the Federal Energy Regulatory Commission License for the Cowlitz Hydroelectric Project will be followed upon communication of those requirements by TACOMA POWER to LEWIS COUNTY 9) AGREEMENT MODIFICATIONS a) TACOMA POWER and LEWIS COUNTY may, from time to time, desire to make changes to this Agreement Any such changes that are mutually agreed upon by TACOMA POWER and LEWIS COUNTY shall be incorporated herein by written amendment It is mutually agreed and understood that no alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto prior to implementation of the changes, and that any oral understanding or agreements not incorporated herein shall not be binding It is understood that some changes could require that TACOMA POWER consult with signatories to the Cowlitz Settlement Agreement or seek approval from FERC before authorization would be given. 4 10)TERMINATION OF AGREEMENT a) TACOMA POWER or LEWIS COUNTY may terminate this Agreement at any time, with or without cause, by giving ten (10) business days written notice to LEWIS COUNTY In the event of termination, all finished and unfinished work prepared by LEWIS COUNTY pursuant to this Agreement shall be provided to TACOMA POWER In the event TACOMA POWER terminates this Agreement due to TACOMA POWER's own reasons and without cause due to LEWIS COUNTY actions or omissions, TACOMA POWER shall reimburse LEWIS COUNTY any outstanding amount due for actual work and services necessarily performed under this Agreement up to the effective date of termination, not to exceed the total funding set forth herein b) Termination or suspension of this Agreement by TACOMA POWER shall not constitute a waiver of any claims or remaining rights TACOMA POWER may have against LEWIS COUNTY relative to performance hereunder 11)SPECIAL PROVISION a) TACOMA POWER's failure to insist upon the strict performance of any provision of this Agreement or to exercise any right based upon a breach thereof or the acceptance of any performance during such breach shall not constitute a waiver of any right under this Agreement 12) HOLD HARMLESS AND INSURANCE a) LEWIS COUNTY agrees to indemnify and to hold TACOMA POWER, its employees, agents, officers, and assigns harmless from any and all claims, demands, causes of action, obligations, damages, and liabilities of any nature whatsoever arising from LEWIS COUNTY or third parties' use or operation of the funded facilities or improvements or the performance of any work under this Agreement by LEWIS COUNTY, its agents or employees, or any other person or entity which has agreed with LEWIS COUNTY to perform any work under this Agreement This indemnification clause shall also apply to any and all causes of action arising out of the performance of work activities under this Agreement Each contract for services or activities utilizing funds provided in whole or in part by this Agreement shall include a provision that TACOMA POWER is not liable for damages or claims from damages arising from any contractor or subcontractor's performance or activities under the terms of the contracts b) Title 51 Waiver LEWIS COUNTY specifically assumes potential liability for actions brought by their own employees against TACOMA POWER and, solely for the purpose of this indemnification and defense, LEWIS COUNTY specifically waives any immunity under the state industrial insurance law, Title 51 RCW. LEWIS COUNTY RECOGNIZES THAT THIS WAIVER WAS THE SUBJECT OF MUTUAL NEGOTIATION 5 c) Insurance During the course and performance of the services herein specified, LEWIS COUNTY will maintain the insurance coverage in the amounts and in the manner specified in the City of Tacoma Insurance Requirements as is applicable to the services and deliverables provided under this Agreement The City of Tacoma Insurance Requirements documents are fully incorporated herein by reference Failure by TACOMA POWER to identify a deficiency in the insurance documentation provided by Contractor or failure of City to demand verification of coverage or compliance by LEWIS COUNTY with these insurance requirements shall not be construed as a waiver of LEWIS COUNTY'S obligation to maintain such insurance 13) RECAPTURE PROVISION In the event that LEWIS COUNTY fails to expend funds in accordance with the provisions of this Agreement, TACOMA POWER reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right of recapture shall exist for a period not to exceed three (3) years following termination of the Agreement Repayment by LEWIS COUNTY of funds under this recapture provision shall occur within thirty (30) days of demand In the event that TACOMA POWER is required to institute proceedings to enforce this recapture provision, TACOMA POWER shall be entitled to its cost thereof, including reasonable attorneys' fees. 14)OWNERSHIP OF PROJECT/CAPITAL FACILITIES a) TACOMA POWER is not and shall not be considered co-owners, joint venture partners or developers of the improvements b) TACOMA POWER shall not have any interest in any improvements built on the property of others except enforcement of the requirement that they remain open to the public under the provisions of this program 15)MAINTENANCE OF PUBLIC FACILITIES AND USE FEES a) The facilities constructed or installed under this grant funding must be maintained in a good state of repair and kept open to the public for at least 25 years from the effective date of this Agreement unless other provisions are made with TACOMA POWER b) LEWIS COUNTY may charge a nominal amount for public use to help offset maintenance costs, not to exceed an equivalent fee set by the Washington State Parks and Recreation Commission for its own facilities plus fifteen percent (15%) LEWIS COUNTY may not use the constructed facility to conduct commercial operations or offer special use agreements to third parties that generate income and/or interfere with public use This does not preclude the use of a concessionaire to operate the recreational facility if that is the normal operating regime for the agency 6 SIGNS AND PUBLICITY a) If any signs are placed to identify the funded projects or publicity occurs regarding the funded facility, such signs and publicity must identify TACOMA POWER as a funding source TACOMA POWER will furnish a suitable logo for LEWIS COUNTY use b) TACOMA POWER is authorized to take photos and write articles about the project for use on TACOMA POWER web sites and other documents 12) RELATIONSHIP BETWEEN THE PARTIES LEWIS COUNTY and its employees or agents performing under this Agreement are not deemed to be employees of TACOMA POWER nor agents of TACOMA POWER in any manner whatsoever, nor will they hold themselves out as nor claim to be officers or employees of TACOMA POWER or the City of Tacoma or the Public Utility Board hereof and will not make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of TACOMA POWER 13)GOVERNING LAW AND VENUE This Agreement shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws of the State of Washington Venue of any suit between the parties arising out of this Agreement shall be the Superior Court of Pierce County, Washington 14)SEVERABILITY In the event any term or condition of this Agreement or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this Agreement which can be given effect without the invalid term, condition, or application. To this end, the terms and conditions of this Agreement are declared severable 15) DISPUTES a) The parties shall make every effort to resolve disputes arising out of or relating to this Agreement through discussion and negotiation b) Should discussion and negotiation fail to resolve a dispute arising under this Agreement, the parties shall select a dispute resolution team to resolve the dispute The team shall consist of a representative appointed by the director of each party and a third party mutually agreed upon by the director of each party The team shall attempt, by majority vote, to resolve the dispute. c) This dispute resolution clause does not preclude the parties from exercising any other remedies including litigation 7 REDUCTION IN FUNDS In the event funds appropriated for the work contemplated under this Agreement are withdrawn, reduced, or limited in any way by TACOMA POWER, during the Agreement period, the parties hereto shall be bound by any such revised funding limitations as implemented at the discretion of TACOMA POWER, and shall meet and renegotiate the Agreement accordingly 16) ENTIRE ACREEw"EI`JT a) This Agreement and all attachments hereto contain all the terms and conditions agreed upon by the parties No other understandings, oral or otherwise, regarding the subject matter of this Agreement and attachments shall be deemed to exist or to bind any of the parties hereto. However, it is understood that TACOMA POWER'S Cowlitz Hydroelectric Project is regulated by the Federal Energy Regulatory Commission who can make changes at any time b) The Agreement will be recorded by TACOMA POWER with the county of jurisdiction and will be binding on LEWIS COUNTY and any and all successors and assigns for the period of no less than 25 years from the effective date 17) NON-ASSIGNABILITY a) Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by LEWIS COUNTY 18)ADMINISTRATION a) LEWIS COUNTY representative shall be Ann Weckback, Environmental Planner (360) 740-1440, Ann Weckbacklewiscountywa gov b) TACOMA POWER's representative shall be Bret Forrester, Wildlife and Lands Manager 253-502-8782; bforrestAci tacoma wa us 8 IN WITNESS WHEREOF, TACOMA POWER and LEWIS COUNTY have executed this Agreement as of the date and year written below. CITY OF TACOMA LEWIS COUNTY Department of Public Utilities Department of Public Works Appr• 41&‘01,1!. Jacki� ewers Au oriz d ere entative Dire(ytilitie at-3am% 6 -Pei Chris Robinson Power S erintendent Z- 2. ClntA'r- Lewis Coot $paid Chris Mattson Title /'� . Generation Manager of (.Uk/� CDMNI��-,�D/1 °� (� Approv-t: And -,��=o Director(/) Approved as to form PlOtNhIA 1- Martha Lantz Deputy City Attorney 9 i ACON, POWER TACOMA PUSLIC UTILITIES Water Access Grant APPLICATION FORM 1 -- MAIN APPLICATION (Required, 5 pages) GENERAL INFORMATION Date March 9, 2019 Project name Cowlitz River Public Access Point (Packwood) Lead Organization name Lewis County Public Works [ ] Is this a cooperative Project? If so,fill out Application Form 4: Cooperative Projects Organization type (check one): _ City/Town — Native American tribe .,L, County Non-profit organization _ Federal agency — Park distract State agency _ Port district Public school district Public utility Lead Organization address City/Town. Chehalis State WA Zip. 98532 Day phone. 360-740-1123 Email Ann Weckback©Iewiscountywa.gov Website. https.//Iewiscountywa gov/ Contact person name Ann Weckback Address if different from organization 2025 NE Kresky Ave City/Town Chehalis State WA Zip 98532 Day phone. 360-740-1440 Cell phone. 360-520-0692 Evening phone 360-374-9423 Email Ann.Weckback©lewiscountywa.gov 1 PROJECT DESCRIPTION (may attach supporting information) Project description Describe the proposal Include objectives and expected results/benefits of the project Additional information can include partnerships, support, unique features and how it complements other nearby recreational opportunities. You may choose to answer the optional supplemental questions(Application Form 2)on this page. In 2018, Lewis County applied for and received an Acquisition and Development Grant through Washington Aquatics Lands Enhancement Account (ALEA). Lewis County is seeking partial grant funding for the 50% match requirement associated with this approved ALEA grant to develop a 5.06 acre area (two lots near Packwood, Washington) into a public Cowlitz River access point with an internal gravel access road to a 35-vehicle parking area, interpretive trails, two vault toilets and a 12-ft wide gated access road to the Cowlitz River for Tacoma Power's fish chute relocation. Lewis County currently owns both lots (5.06 acres) where the proposed park/trails will be constructed, most of which is in the floodway. Both parcels are immediately upstream of the Skate Crk Rd S. bridge crossing the Cowlitz River 0 4 miles north of Packwood At the heart of the White Pass Scenic Byway, this area is rich with natural resources for outdoor enthusiasts Tacoma Power (managed by WDFW) enhances fishing opportunity in this reach by trucking adult salmon and steelhead to a release site at this bridge crossing However, fishermen and residents wanting to access this reach of the Cowlitz are forced to park and walk along narrow high traffic volume roads, cross guardrail, and traverse steep riprap banks to access the river. This site will be developed for public access Proposed construction: a safer gravel parking area (30 single vehicle stalls and up to 8 stalls for vehicles with trailers), new double stall handicap accessible precast concrete vault toilet building, and a new loop gravel pathway to the water for fishermen and nature enthusiasts The primary recreation activity provided by this project will be river access for local residents, travelers and fishermen from around the state Project completion is anticipated within 2 years of grant approval. This proposed project has incredible support from both the Packwood Development Association and the Packwood Anglers Group. 2 FUNDING REQUEST (may make copies for continuation) Total funding request from Tacoma Power. $ 89,120.00 Are other funds or in-kind donations being used to complete the project. es! 1 No Where will other funding or in-kind donations come from and when? ALEA 14-Aug-18 What is the amount of other funding? Cash $ 220,500 In-kind value. $ 131,380 (LC) Total estimated project cost. $ 441,000 Describe cost components on the table below such as permits, planning, construction, equipment costs, contracting, vegetation restoration, administration, mileage, inspection, documentation, surveying, etc, Include only costs requested from Tacoma Power Item description for Tacoma Power funding Cost 24-Ft Wide Gravel Entrance Road & 30% of Stormwater Facility $89,120 (Mobilization, Clearing & Grubbing, Excavation, Crushed Surfacing, BMPs, Hydroseeding, etc.) Project components from outside funding or in-kind donations Parking Area, Retaining Wall, and 70% of Stormwater Facility (ALEA) $125,000 Vault Toilet Excavation, Placement and Grading, Trail, Signs (ALEA) $95,500 Land, Survey, Design, Permitting, Admin, Inspection (LC Match) $131,380 (LC Design,Permitting,previous Land Purchase(Sf Ok),Advertisement,ConOact Management,Inspection Survey Admin etc.) 3 LANDOWNER INFORMATION Name of landowner where project is proposed. Address. 2025 NE Kresky Avenue City/town Chehalis State.WA Zip• 98532 Parcel number:035132005005 Legal description Township 13 N, Range 9 E, Section 15 I� I Fee title Easement Is the land open to the public? V Yes — No Are there public roads to the site? ✓ Yes "" No Are there any restrictions on public use and access? Yes VI No Explain. Landowner authorization I hereby acknowledge I am the owner or owner's representative of the aforementioned land and I support the proposal described herein. I certify the property is open to the public. If this proposal is funded, I allow the described project to proceed. I understand any maintenance and liability of funded structures will be described in a Cooperative Agreement to be developed. I hereby authorize Tacoma Power and its agents and committee members to enter onto the property for inspection prior to any funding decision. Name(s) (Print) Ann Weckback Representing'Lewis County Public Works Signature(s) 7,41/ (7 Date: March 9, 2019 4 • SIGNATURE PAGE (make copies if additional signatures are needed) Tacoma Power is hereby requested to review and consider this application for grant funding for the project described in this application and named below This application follows the guidelines supplied by Tacoma Power I/we certify that to the best of my/our knowledge, the information herein is true and correct Should this proposal be funded, I/we agree to furnish any additional information necessary to execute a Project Agreement upon request by Tacoma Power. I/we are aware the aforementioned project, if funded, is paid on a reimbursement basis. I/we agree that any additional resources required to complete the project herein is my/our responsibility and agree that the project will be completed as described. Tacoma Power has authorization to take photos of the project and use them in any non-commercial fashion. By signing this document the applicant agrees that decisions by Tacoma Power, including, but not limited to its compliance with the requirements of this program, are solely at the discretion of Tacoma Power, and a decision concerning the content of an application and the granting or denial of a grant is deemed conclusive Organization name. Lewis County Public Works Address. 2025 NE Kresky Avenue City/Town Chehalis State. WA Zip 98532 Authorized Representative Ann Weckback Environmental Planner Name (Print): Title g ,4 4 (- March 9, 2019 Signature i,�,� Date: 5 Water Access Grant APPLICATION FORM 2 — SUPPLEMENTAL QUESTIONS (Optional) (Please answer on a separate sheet of paper or on the Project Description page) Date March 9, 2019 Project name Cowlitz River Public Access Point (Packwood) Lead Organization name Lewis County 1. Have you obtained a grant from Tacoma Power in the past for the same area? 2. How many recreational users in a year do you anticipate will benefit from the project? 3 Describe the type of user you expect, where they come from and how they use the project 4. Has this project been documented in any planning documents? If so, please provide references or copies of the pertinent parts 5 Describe why this project is unique and how it meets a recreational need. 6 How does this project fit in with other recreational opportunities in the area? 7 Is this proposal part of a larger development plan? If so, please describe 8. Will this project be ADA accessible? Please describe 9 Will you charge a user fee to the public for use of the project? If so, how much? 10.What, if any, special environmental and permitting concerns will you need to consider? 11. Describe how you will insure the project gets done on time and within budget. 12 Can you complete this project from start of funding to completion in two years? 13 Have you ever applied for funding for this project from other sources? If so, please describe the outcome. 14 Will you need to obtain additional funding for the project? If so, how will you obtain it and what is your timeline? 15. Describe any other similar projects you have undertaken and their current status. 16. How will you ensure maintenance continues for at least 25 years? 6 ti Water Access Grant APPLICATION FORM 3 - NON-PROFIT ORGANIZATIONS (Only fill out for non-profit organizations) Date Project name Lead Organization name Enter the name of the organization as shown on IRS documents. Attach a copy of the Internal Revenue Service letter granting non-profit status as a 501 (c) (3)or a 501 (c) (4)organization Attach a copy of the Mission Statement or equivalent Provide a list of current board of directors Some of an organization's members must be active in Lewis County or Cowlitz County, Washington. Name of organization as shown on IRS letter Is the IRS letter attached? n Yes n No Is the list of the current board of directors attached? Yes 11 No Is the mission statement or equivalent attached? I I Yes n No Is the mission related primarily to natural/cultural resources, n Yes I I No tourism or outdoor recreation? If not,describe how the project fits the organization Does your organization have members in Lewis or Yes No Cowlitz counties? 7 • Water Access Grant APPLICATION FORM 4 — COOPERATIVE PROJECTS (Only fill out for cooperative projects with two or more applicants) Date Project name Lead Organization name Second Organization contact Name- City/Town. State WA Zip Day phone Email- Second Organization type (check one) City/town Native American tribe County — Non-profit organization Federal agency __ Park district State agency Port district Public school district Public utility -- i Third Organization contact Name- City/Town. State WA Zip. Day phone Email. Third Organization type (check one) City/town Native American tribe County • Non-profit organization Federal agency —. Park district State agency _ Port district Public school district Public utility 8 SUPPLEMENTAL INFORMATION 1) This is the first Tacoma Power application for this project. 2) It is difficult to determine a new Park's users due to seasonal factors and numbers of fisherman However, from observations during past years it appears the planned parking areas would be full daily(60 people per day)when fish are being transported during early fall. Additionally, summer and fall recreational use is expected to bring in an average of 30 people per day. Winter months will likely see a decline(10 people per day). With these assumptions, usage would average 10,000 visitors per year 3) In spring and summer months, it is anticipated park users will be local residents, travelers stopping for a short rest and local or out of the area people seeking recreational water access (fishing, kayaking, canoeing,etc.). Fall months will likely shift mainly to fishermen from a 30-mile radius seeking safe parking and access to the Cowlitz River for a chance to catch salmon and steelhead. Usage during the winter months is expected to decrease due to weather but local residents, area second home owners and winter vacationers are expected to use the walking trail and river access throughout the year. 4) A park is a permitted use for the area's land use designation However, this opportunity to provide an access point to the Cowlitz River happened relatively quickly and this project was not included in any long-term planning efforts 5) Cowlitz River access is very limited in and around the Packwood area This project would provide public river access to all local residents and out of the area outdoors enthusiasts (travelers, fishermen, water sports)with safe parking and restroom facilities This would be a unique facility due to the fact there are no other parking and restroom facilities at a public river access point in the Packwood area. 6) This project compliments Tacoma Power's fish transport efforts by providing a safe parking area and restroom facilities for anglers. Public river access and nature trails provide recreational nature and water sports opportunities for all local residents, travelers stopping for a rest and visitors staying in the Packwood area. 7) This project is a stand alone effort with no further development planned. 8) Access to the restroom facilities from the parking area will be ADA accessible with the vault toilets designed to meet all ADA requirements. Further, ADA access will be provided to the water and kayak/canoe pullout area via a timber stringer bridge and gravel surfaced 8-foot wide trail along property's Cowlitz River frontage 9) Currently, there are no user fees planned for this facility. This will be a day use facility open from daylight to dusk with no overnight camping. At some point in the future, increases in regular maintenance may exceed Lewis County's planned allocation for this site Therefore, a minimal day use fee may be collected in the future SUPPLEMENTAL INFORMATION 10)An archaeological survey was performed at this site and the project was designed to avoid impacting any archaeological features Additionally, this project was designed to locate the parking lot and building outside the Cowlitz River Floodway The project will excavate slightly more material than imported resulting in no additional project fill The vault toilet floor will be elevated 1-foot above the 100-year flood level With these design items, it is anticipated there will be no permitting concerns associated with the proposed construction 11) Lewis County is fully committed to completing this project by the summer of 2020 County staff members design, develop specifications, bid and oversee several large road, bridge and fish passage culvert replacements each year Lewis County staff members have experience constructing all components of this project(surveying, road construction, precast concrete units, storm ponds, gravel parking lots, planting mitigation, etc ) Therefore,with Lewis County staff member's experience and past successful project completion, it is anticipated there will no issues completing the project in 2020 Further,diligent contract management and on-site inspection will ensure project costs remain within the contract requirements awarded to the low-bid contractor selected for this project 12)This project will be completed by the summer of 2020 13) In 2016, Lewis County applied for and received an Acquisition and Development Grant through Washington Aquatics Lands Enhancement Account(ALEA)for 50%of the estimated$441,000 overall project cost This grant requires construction completion by 2020 14)With the award of this Tacoma Power grant, Lewis County anticipates no additional funding will be needed for this project($220,500--ALEA, $89,120—Tacoma Power, and $131,300--Lewis County match). 15) In addition to several road and bridge replacement projects ($2m-$6m), Lewis County has successfully completed an average of two fish passage culvert replacement project each year over the last 10+ years These fish passage culvert projects are similar in cost ($300k to $1m), design effort, permitting requirements and construction management/inspection requirements Many of these culverts were funded with multiple state or federal funding agencies and required close coordination and strict construction deadlines 16)A memorandum of agreement is being drafted between Lewis County and the Packwood Development Association (PDA)as the they have agreed to take care of the day to day cleaning/trash pickup as well as daily opening and closing of a locked gate at the park entrance Lewis County would be responsible for vault toilet pumping (as needed)and facility maintenance outside general cleaning. Additionally, Lewis County would be responsible for closing the facility during predicted flood events. Lewis County accepts the permanent responsibility for continued maintenance and operation of this facility well beyond this grant's 25-year maintenance requirement /—ao,�"sw.A ® -1- / TPN 010125-180-000 ■,-iii.LiMi..--.v..,4-....:1.' -.A.,:'- / '' I''.-•.3', TPN 010125-178-000 '' - .•„i;9iti I wquaNr•i iCN.E�- '? � FOOT BRIDGE 4.‘1",4,// c cx I / WA CPl6GE,•n wry- oar ��op0/ 'l• , / \ ` ,•. TPN 035147-001.001 # ; I �' /'O oQ� N ' ; l�� t SF Lti� / /'�. ��R ;' +i /i j _ _ TPN 010125-177-000 s. �` i / , n • ik-... •• TY , ,s INFILTRATION POND ,r. 4 ,,..N. _ 0, ,...‘ ,...... N '5>t (0 --4 'N'fip. .;.:. . ... . .. .. ....... .... ... .... N SN . -.:='.:: • -9 \ �TF0,9 — --- ---- �' ' VAULT TOILET \ crF� y -P C4 909 v TPN 035132-005-005 4, TPN 035132-005-008 . LEGEND e!'�.�': 24 WIDE GRAVEL ENTRANCE ROAD 1075 1075 1070 1070 V,I, PARKING AREA 20 PASSENGER VEHICLES 1065 _ 1065 0 75%—. 17 VEHICLES WITH TRAILERS 1060 • 0.40% v 1060 1055 �µ 8'WIDE GRAVEL TRAIL o co o n 1055 co• v,° o co 0") coo �o ^o°D ro ^v� RAMP ACCESS TO VAULT TOILETS 0 0 0 0 0 0 0 0 co 0 0 0 0 o 0 0 1 INFILTRATION POND 14+00 13+50 13+00 12+50 12+00 11+50 11+00 10+50 n co,, DESIGNED BY RTl SHEET 4}—$ GATE/BOLLARDS `� 7 ]625 NE KRESNY AYE. DRAWN BY:WSR COUNIYM MAINTENANCE PROJECT,1,006 1 CREAM-Kt WAOKYO i„..°I]!m]<0-„TJ CHECKED BY COWLITZ RIVER PUBLIC ACCESS POINT PROPERTY LINES ...r__.....w FA%IOW]400]ID DATE 021261 PROPOSAL OF 2 I 10' 0 10 SCALE 1' 10' o90 taco VAULT TOILET BUILDING(FLOOR AT ELEV 1070') 16 76' PEDESTRIAN FENCE AT TOP OF RETAINING WALL EXISTING GROUND ,oeo Z IQ ill'I a to mo (ELEV 10685) 1060 1060 — ENTRANCE ROAD(24'WIDE,1.25'GRAVEL SURFACE) 3'DITCH REDI-ROCK RETAINING WALL VAULT FOR TOILETS(>1'ABOVE 100 YEAR FLOOD ELEVATION) 1050 1050 -50 -40 -30 -20 10 C/L 10 20 30 40 SECTION A-A - VAULT TOILET BUILDING/ACCESS ROAD CROSS SECTION VIEW LOOKING NORTH SHEET t,CD 06.011/5013. On COUNTY IMNTENANCE PROJECT,5,806 /] V4. 4.5... 80.8 NE MIEi10'AVE. DRAWN 6T wsa 2 cNENAUS wA rsv p1Ec EDn COWLITZ RIVER PUBLIC ACCESS POINT OF PHONE 11]8017.0.1T7J FAX.(660)740.2718 DATE=NM NI CROSS SECTION 2 a . .•,:.,:-f.,'•:"N 0 25 50 100 Feet : , y ° ,, A _ ''`` • , 1 in=50 `+ • a, .f w Z •. .. ,. ,,:h, tea- Y '. 6.- i etext4,1 . *141.4 ..i `• yy NI:" aY :f i7 . "•' x e. Av r��•.�'t ` �- MS a <r "` .,!-�'- . • t Pte., Parcel 035147001001 r' 441151;if• . , '' .==.' -' 1?#!,'4 =, ;,,., - ':‘` "'s• , ' - ,-''' .- ,-;,..*4- • -,s'", o''' ,.. .. . ,, y 'et- VV ` C . .4 ` t.. ,� . a, T s %* t .F T r i.A It• �� y° \ L ' Parcel 035132005005 s `',, t +t1 i� d4^„,,,,, 0, ,* i .._ \ t "i;), t � — 4” t . '' L.46101111L .. , ''...4o, , liktroilo A%11.411(• 4 '" ..‘. li,,t041, Nr, .2, , '..2,. •..,..,. • .,...,.. 3 �F :M ¢ ,1 A . . - ^ -* Legend Project Map Proposed Project Footprint Cowlitz Public Access Point Roads Sections 15 and 16,T13N,R9E Parcels February 19 2019 a The Upper Cowlitz River Subbasin Above the Cowlitz Falls Dam Topography&Geology .. The upper Cowlitz River Subbasin is located within the Cascades Level IV Ecoregion.This area i ,>e consists of the Western Cascades Lowlands and Valleys,the Western Cascades Montane Highlands, \� L and the Cascade Subalpine/Alpine at the headwaters of the Muddy Fork and Ohanapecosh Rivers. Elevations in the Western Cascades Lowlands and Valleys are generally less than 3,200 feet while Legend `( elevations in the Cascade Subalpine/Alpine ecoregion range from 5,600 to 12,000 feet.The geology of the upper Cowlitz River Basin consists of volcanic andesite and basalt flows. * CoM itz River Public Access Pont I Cowlitz River t . , Cowlitz Falls Dam,at river mile 88.5,was constructed in 1994.creating a long,narrow 11-mile —F shbearinq Streams .4.N., reservoir:Below the Cowlitz Falk Dam,the river enters Rifle Lake a 23.5-mile long reservoir • R iver Mies created by the 606-foot high Mossyrock Dam The Mossy Rock Dam was completed in 1968 and is Manor Lakes • located at river mile 66.No fish passage exists through the dams.Rather,a trap and haul program in Dams is in place where adult fish are collected at the Mayfield Dam at river mile 52,hauled to the upper r 4 basin,and released at either Lake Scanewa,at river mile 91,or the upper Cowlitz River at RM 126.5 Mt Rainier National Park t•y Conversely,juveniles are trapped at the Cowlitz Falls Fish Facility and hauled below the Mayfield Dam. State Routes f E�cakes - Vegetation -=: --- r `� '' ' . The upper Cowlitz River Subbasin lies within the Subalpine forests and Tsuga Heterophylla(Western 4 ,4 Hemlock)vegetation zones.The subalpine forest vegetation zone,near the headwaters,includes the Tsuga mertensiana(Mountain Hemlock)Zone from 4,100 and 6,100 feet in elevation and the r "a. Abies omabilis(Pacific Silver Fir)Zone occurs from 3,000 to 4,300 feet in elevation. The Tsuga Hetrophvlla Zone occurs from 500 to 3,300 feet in elevation. Much r r ?0 of this zone has been logged or burned during the last 150 years and is now dominated by s at r Pseudotsuga menziesii(Douglas Fir) t l( • a M t , ., - , ..,,Land Use - . ; ' ' _' i'i' A T I o M A' 1 < 1 C:�. t-' i,P -' f. ,. •� • yl ,: A ) om ill 7 �— 1. r. j r a �T �) I • ' 1 �(j 1, ' 1 may' s. • :4. -- ti C 1 R F O' R O R 1 N H - - r ! , � >R • �f_'P O Il p + .' 1 N C H O. f, si. r.,, C Di Tc 4~ �� �rrdi , { , ^•. -..-r•t m.4,+ t--• it 1 I-•za Fi A T I O N` A L -40'1- `r' N ,zr: �,., r5 •-0.. y N F 0 R E S' T , r -�• - �. � F ....IA-l .: t k .`.,t t c„+t. - r-.-1...t"».-4..........-n r t Q-'A Nu.ti • . 1 ,i n» - ,...- .. 1 .. I "x� 1n I i ~-I , , , , . .1` . r■ l 4 !. ”` , tit ,.. 1• ... � . oitillii c 4i 1. k71 ` t y t' .z, 1 1 ♦'.f 1 . RPl . 1 rG ' +' a A_ / 1, % S �� ,'ir 4 . .iiiiiii - 1 J: 4 _- �9�� �� . .l 4 The Packwood Anglers Group is very supportive of the proposed Cowlitz River Public Access Point, The Cowlitz River near the Skate Creek Road Bridge is heavily fished as Tacoma Power has a fish chute just upstream of the bridge. Up until 2011 the southeastern riverbank was open to anglers for parking and recreational use. Since this site was restricted by the landowner the fishing community has been hard pressed to find any parking in the area and accessing the Cowlitz River from the roadway has proved difficult. There is a serious need for a public access point for fishing in the upper Cowlitz River Should Lewis County be awarded funds to build a parking lot and install restroom facilities adjacent to the Cowlitz River,the Packwood Anglers Group is committed to keeping an eye out on the proposed park. In an effort to ensure the park remains safe and clean for the community of Packwood and Lewis County residents our group will remove trash weekly and report any problems observed immediately. Sincerely, The Packwood Anglers Group Supporting Members NAME NAME ,)/i 1,N X-14-''1-.1' /Ai -/-/6 G t 5 --\---C' t-)‘(i ,\ _iii \_, &J,) ex\ L�'4A-k—' • 0,/--6 /.4\ ^t, j tULM C . C [` -\i 4 -.).-.r`_--J Rill'''.v'.ls_ ,a)ul L.'. a \)/ 4k, ,■<3.,.2.--"3,.. ,--. . c,,,\I-t_. AN/C---kY.\- la V,.\YA(An 77----- '' i1 �. .0✓L�t.� ' /,..L . �.Qi.)- 4-1 _1 C - :If i\ \ � �-�-' -' 1 0 �. 2 std h..�., „�') -�c:.i�-� Obc-A L% { It/ I ' G■._ (1,1L t i �i� f 6 t L -c' L J mss. �/ f -.1e Li—cc) k<-0-31.4..y■ i-J2 f i 1 -4/141 .qa_RAI) i 1 The Packwood Anglers Group is very supportive of the proposed Cowlitz River Public Access Point.The Cowlitz River near the Skate Creek Road Bridge is heavily fished as Tacoma Power has a fish chute just upstream of the bridge.Up until 2011 the southeastern riverbank was open to anglers for parking and recreational use. Since this site was restricted by the landowner the fishing community has been hard pressed to find any parking in the area and accessing the Cowlitz River from the roadway has proved-difficult. There is a serious need for a public access point for fishing in the upper Cowlitz River. Should Lewis County be awarded funds to build a parking lot and install restroom facilities adjacent to the Cowlitz River,the Packwood Anglers Group is committed to keeping an eye out on the proposed park. In an effort to ensure the park remains safe and clean for the community of Packwood and Lewis County residents our group will remove trash weekly and report any problems observed immediately. Sincerely, The Packwood Anglers Group Supporting Members NAME NAME L c ..." n ,tt Vii — '7 — j3 C < . ` Jr //t' . .., Y 3 3 111 -d.q1 . .." (k i c ,,,,..-- 1- (co 75,4,, 4/10 L,,,-,, --) 37. "- L7 ---7/a 1/4-7/1 . 0,, ..17/0-).-c-c• •---- • Z -4/2. Z/c.--,4/ ..%6 -;26q-f'5 I I --='<:. guee4Z ,vV--v.3(4,757 t - .-�4• Z r -.F331 - : 3e ,.. 561- 5-2/- . / c� ' �- ' (/�. /e/ � = ' 77E '21CL ' Lti l�-v� 1 � 5 12it L T, ice- r�• rj 71" ",) y r S W�y ,, ) �3 LeyG i+c� ." l A - 3G-e, /196 3y / , 4.1t i get- 54'1 L/ell'11 2.4 /�L� 4 Z.,,,,,, .246, The Packwood Anglers Group is very supportive of the proposed Cowlitz River Public Access Point. The Cowlitz River near the Skate Creek Road Bridge is heavily fished as Tacoma Power has a fish chute just upstream of the bridge.Up until 2011 the southeastern riverbank was open to anglers for parking and recreational use. Since this site was restricted by the landowner the fishing community has been hard pressed to find any parking in the area and accessing the Cowlitz River from the roadway has proved difficult. There is a serious need for a public access point for fishing in the upper Cowlitz River. Should Lewis County be awarded funds to build a parking lot and install restroom facilities adjacent to the Cowlitz River,the Packwood Anglers Group is committed to keeping an eye out on the proposed park. In an effort to ensure the park remains safe and clean for the community of Packwood and Lewis County residents our group will remove trash weekly and report any problems observed immediately. Sincerely, The Packwood Anglers Group Supporting Members: NA1,v1 NAME Li e— Li I"J r- I I1 1 - I, Iili!u, 1 lC`tel—(ch ) (-�= JJ y ww NAME NAME 3 FEU fi14. - ( Z 3 63' 7 24') - - 111.LI . `'i S 361.) tiq`l 1 -�1'f5 apt .0 i ► 3124 i55--C.)7 w) 0,1 'iq Cc'i4 ' 1 Exkkkaii TACOMA; POWER TACOMA PUBLIC UTILITIES WATER ACCESS FACILITY GRANT 2019 INFORMATION GUIDE FOR APPLICANTS OVERVIEW Tacoma Power operates the Cowlitz River Hydroelectric Project in Lewis County, Washington under a license from the Federal Energy Regulatory Commission (FERC) As part of Tacoma Power's recreation program associated with our FERC license, we developed a grant program to provide $201,000 in funding during three grant periods for construction of water access facilities in the Cowlitz River basin upstream of the Toutle River A water access facility is a new improvement that encourages or enables users to make use of public waters such as docks, piers, beaches, trails to or along the water, parking lots, restrooms and similar items The first Tacoma Power grant was awarded to the City of Toledo for improvements to their riverside park including a large gazebo and interpretive signage The second grant was awarded to Ike Kinswa State Park for a disabled-accessible fishing dock which was just completed in December, 2018 The final grant opportunity is described in this packet Applications are due March 22, 2019 and are available to non-profit groups, governments, agencies and tribes in the Cowlitz River Valley as described below Amount of money available in 2019• • $89,120 in one grant o Note: The grant funding in 2019 exceeds $67,000 because a previous recipient of a grant was able to complete their project below budget and we have added the unspent funds to this grant cycle • The award is in the form of reimbursements for paid eligible expenses. Important Dates: • March 22, 2019 Deadline to have the application to Tacoma Power • March 29, 2019 Applicant will be notified of any missing information • April 19, 2019 Applicant due date to correct any missing information • June 3, 2019 Expected notification of award • July 15, 2019 Execution of a Project Agreement with Grantee ELIGIBILITY Who are eligible applicants? • State and federal agencies • Municipal subdivisions of the state (cities, towns, counties, ports, public utility districts, park and recreation districts and school districts) 1 - • Native American tribes • Nonprofit organizations with a primary mission to protect and enhance natural or cultural resources, tourism and/or outdoor recreation opportunities Non-profit organizations must prove their Internal Revenue Service status as a 501(c) (3) or a 501(c)(4) organization that has, as one of its primary missions, the protection and enhancement of natural or cultural resources and/or outdoor recreation opportunities Non-profit applicants must have a presence (membership or board members) in Lewis or Cowlitz counties, Washington The IRS status, a list of the board of directors and officers, and a Mission Statement are required with non-profit organization applications Tacoma Power, as a municipal subdivision of the state, is eligible to apply for a grant for a project not otherwise required by the FERC license or other obligation but such an application will only be considered during a second round of solicitations. This could occur if 1) there are no viable applicants in the first round of advertising or 2) the awarded applicant fails to move forward with the project after one year Cooperators may also propose projects on Tacoma Power property with the approval of Tacoma Power (see Cooperative Projects). No Tacoma Power employee that has worked on the development or review portion of the Water Access Facilities Grant program is eligible to develop a grant proposal What are the eligible locations? (See map) • The proposed project must either be located in the following water bodies, on the shoreline lands surrounding the water bodies or provide access to the water bodies o Cowlitz River in Lewis or Cowlitz counties, upstream of the mouth of the Toutle River o Mayfield Lake, Riffe Lake, Swofford Pond or Lake Skanewa o Tributaries to the Cowlitz River or its reservoirs in Lewis County • It must access publically accessible waters • It must be located on land open to the public, either owned in fee title by a public entity or with a public access easement, lease or long-term permit in place Applicants that submit proposals to build facilities on lands not directly under their control must have written concurrence of the landowner before submitting a proposal. Further detail is in the Cooperative Projects section on page 4 If the project is funded, additional documentation of land control is required o Any installed structure must be maintained as a public amenity for at least 25 years. Map of eligible locations. Eligible locations include the Cowlitz River and any of its reservoirs or tributaries in Lewis County plus the approximately 5 miles of the Cowlitz River in Cowlitz County upstream of the mouth of the Toutle River Note that boundaries of the eligible area shown on map are approximate • What types of projects are eligible? The following types of projects will be considered The applicant is urged to contact Tacoma Power in advance before submitting an application for any project not listed below If the proposal is for renovation of an already existing facility, additional value from the renovation needs to be demonstrated to be a competitive project See the Reimbursement section (page 8) for a discussion of reimbursable expenses as part of an approved project • New or improved boat launch ramps or take-in/take-out areas • New or improved piers, platforms and docks for launching, fishing or short-term public mooring Moorage docks are only allowed if they serve a short-term mooring need, i.e. no more than 14 days • Safety or ADA improvements to existing water access facilities • New or improved trails to or along the water • New or improved swim beaches • New or improved parking, restrooms, fencing and directional signage associated with a water access facility • New or improved public amenities at water access sites such as picnic areas, covered shelters and benches • Interpretive displays that educate about the water body, local history or the environment • New roads, but only to the extent that they access a water access facility What types of projects are NOT eligible? • Acquisition of land, easements or leases • Aquaculture projects such as hatcheries and net pens • Campgrounds, playgrounds, adventure courses (exception if adventure course uses the waterbody) • Viewpoints and overlooks of water bodies without direct access to the shoreline • Housing, office and storage buildings • Computers, cameras, radios and other similar technology Media screens will only be considered as part of interpretive displays • Dikes, pond construction and water control structures • Swimming pools, spray parks or similar improvements • Commercial facilities and concession areas • Other items not closely associated with the enhancement of public water access as determined by Tacoma Power • Routine or periodic maintenance will not be funded • Grants will not be awarded for improvements that are already legally required to be provided, such as mitigation projects Status of applicants that have received previous grants Tacoma Power endeavors to make grant funding available to a wide range of applicants and geographic areas and some of the scoring criteria reflect this objective For that reason, those applicants that have been successfully awarded a Water Access Grant in the past may compete in another round of solicitations only if the proposed project is substantially different than the one previously funded and preferably in a different location 3 What requirements must a successful applicant meet? Post- approval documents are required after a successful applicant is chosen Applicants are urged to review the post-funding approval section (see Award of Grant section on page 5) to ensure they can meet the additional requirements, especially those regarding insurance and land control, should their project be chosen If an applicant is unable to satisfy the post-approval requirements, funding will not be awarded Cooperative Projects Tacoma Power encourages cooperative projects. When two or more agencies or organizations are involved in a project, a Cooperative Projects Form must be submitted with the application (Application Form 4 in the application packet) One organization should be identified as the Lead for purposes of communication If the project is funded, a Cooperative Agreement between all of the cooperators must be developed and submitted to Tacoma Power The primary purpose of a cooperative project must be to provide public water access facilities, despite any other goals of the separate cooperators Match Funding Tacoma Power funding can be used as a match for another grant program if it is allowed by the other granting agency and if no conflicting restrictions or requirements are placed on the project that conflict with this Water Access Grant program or Tacoma Power's FERC obligations. Match funding must be obtained within one year of the Tacoma Power grant award If match funding is denied and if the project cannot be entirely built with funding provided by Tacoma Power, the grant will be rescinded (see Failure to Meet Deadlines, page 7) DESIGN AND CONSTRUCTION Barrier-free Access (ADA) All new projects funded and built under grants from Tacoma Power should be designed to meet or exceed current Americans with Disability Act (ADA) barrier-free standards and related laws or building codes In cases where no formal ADA guidance exists, the most recent proposed rule should guide design Basic services such as parking lots, toilets, signs, routes of travel, etc should always be designed to be barrier-free Some specialized recreational developments may be difficult to design as barrier-free or no guidance may exist If there are any questions about providing a barrier-free facility, please contact Tacoma Power AWARD OF GRANT Funding Committee Review A Funding Committee will review all proposals meeting minimum application requirements. The Funding Committee will consist of Tacoma Power and members representing at least two of the following organizations • Washington State Recreation Conservation Office • Lewis County government • U S Department of Agriculture - Forest Service 4 I r , • Washington State Parks and Recreation Commission (aka State Parks) If any of the above agencies decide not to participate, alternative representation will be sought from other state, federal, tribal and local agencies with the concurrence of the existing funding committee members No member of the Funding Committee will evaluate or make funding decisions if their agency has a proposal submitted for funding If Tacoma Power has a proposal submitted for funding, they will not review or vote for projects, but will continue to manage the process Any Tacoma Power staff member responsible for managing the grant process is prohibited from writing or submitting a proposal. Criteria for Evaluating Proposals The Funding Committee will rate the public benefit and value to recreationists by scoring the following criteria, in no particular order, with scores from 1-5 (5 being the highest): • Proximity to users • User demand as measured by state and county recreation planning documents • Ability to meet an unmet need • How the project complements existing and planned water access recreational opportunities in the Cowlitz River watershed • Ability to make project barrier-free (ADA accessible) • The cost/benefit • Creative elements of design • Ease of public access • Community support • Suitability of site for proposed use • Extent to which the project provides a new opportunity not likely to be funded in other ways • Ability to complete the project within budget and on time • Few or no adverse environmental or cultural resource impacts • Readiness to proceed and likelihood of getting timely permits • Ability of grantee to perform work based on history of similar projects • Long-term maintenance processes in place • If the applicant has received grant funding from Tacoma Power in the past Notification All grant applicants will be notified by mail and/or email when the grant award is made Post- approval forms will be provided to the successful applicant at that time. When a grant is awarded to an applicant they are then considered the Grantee AFTER AWARD OF GRANT Post-approval Responsibilities Protect Agreement A Project Agreement describing mutual responsibilities must be completed and signed after the grant award is announced and before any expenditure can take place. The Agreement will be 5 recorded by Tacoma Power with the county of jurisdiction and will be binding on all successors and assigns for the period of no less than 25 years. The Project Agreement includes, but is not limited to • All of the provisions stated in the application materials • A requirement to send final plan drawings within the first year For structures proposed to be built on Tacoma Power property, engineering plans may be required • A list of reimbursable expenses • Procedure for submitting invoices to Tacoma Power for reimbursable expenses • An authorization for Tacoma Power to take photos and write articles about the project for use on Tacoma Power web sites and other documents • Legal requirements including, but not limited to o The City of Tacoma not be deemed a co-owner, joint venture partner, or developer of the property or improvements and shall have no beneficial interest in the improvements other than ensuring public access and maintenance of the improvements occur for no less than 25 years. o The improvements are not considered a "public works project" and funds withheld by the City are not withheld pursuant to Washington State law (RCW 60 28 ) o The Project Agreement will be binding on all successors and assigns of the property The Project Agreement will be recorded with the county o Insurance requirements including proof of insurance and adding the City of Tacoma as an "additional insured" if the project is on City of Tacoma property o A provision that the Grantee may need a City of Tacoma business license if the project is on City of Tacoma property Land control Before a Project Agreement is signed by Tacoma Power, the Grantee must provide additional proof of land control and a legal description of the parcel or portion of a parcel where the improvements will be located For projects proposed on the applicant's land, a copy of the deed or title for the property noting any restrictions, encumbrances or easements is required For projects on lands other than the applicant's, the following documents must be submitted to Tacoma Power • For land held in fee, a copy of the deed or title noting any restrictions or encumbrances, • If the land is held as an easement, lease or permit, documentation showing land tenure rights extend for at least 25 years and that the documents contain no revocable clauses In all cases, the landowner must agree in writing to allow improvements and must certify that management and maintenance are the responsibility of the landowner unless other arrangements are demonstrated to Tacoma Power in a Cooperative Agreement. Additional information required The Grantee will need to provide information enabling Tacoma Power to set up accounts for reimbursement including a business identifier or taxpayer ID number 6 Non-profit groups A copy of a resolution of the Board of Directors accepting the Project Agreement and terms is required Cooperative Agreements An approved project may involve two or more cooperating agencies or organizations If the project is funded, a Cooperative Agreement between all cooperators must be developed and submitted to Tacoma Power. Said agreement will, at minimum, set forth the duration of the project, purpose, administration, methods of handling funding and reimbursements, mutual responsibilities and future maintenance. State agency cooperative guidance is provided in the State of Washington Interlocal Cooperation Act RCW 39 34 Liability Liability for any constructed structures built with Tacoma Power funds remains with the landowner or permittee and not with Tacoma Power A Cooperative Agreement may determine other responsibilities. If the project is approved for installation on Tacoma Power property, proof of insurance and adding the City of Tacoma as an 'additional insured" on the policy will be required during the construction phase PERMITTING, CONSTRUCTION AND REIMBURSEMENT Timeline Projects should be in these stages in the first three years • Year 1 Projects must be in the design and permit phase within the first year after a grant award is made Construction could begin after plans are approved by Tacoma Power. This timeline could be modified by up to a year if the applicant demonstrates they are seeking match funding • Year 2 Construction should begin no later than the second year. Projects requiring match funds or with complex permitting or mitigation requirements may have until the third year to begin construction • Year 3 All projects must be complete at the end of the third year following funding unless approval for a time extension is given in writing by Tacoma Power. Failure to Meet Deadlines Grantees may face complications which delay the project Tacoma Power will work with the Grantee if they are making a good faith effort to complete the project and have been delayed due to factors out of their control If progress had not been made by the end of year one, Tacoma Power will meet with the Grantee to determine their ability to complete the project If substantial planning and design has not been completed by Year 2, the project is at risk of losing funding Funding may be rescinded if the project is not fully underway by Year 3 with a time extension in place. The Project Agreement describes the required notices and actions 7 Reporting A progress report with annual accounting must be provided to Tacoma Power by December 15 of each year following the grant award until the grant work is completed Permits A Grantee is responsible for obtaining all necessary permits before beginning construction Permit application fees, as well as costs for biological or cultural resource inspections, can be included in project costs, but only if the costs were incurred after a successful award of the grant Grantees for projects on Tacoma Power property are required to follow the Tacoma Power FERC license requirements which will be communicated to the applicant For planning purposes, if a project requires ground disturbing within the FERC Project Boundary, the cost of a cultural resource inspection will range from $900 to several thousand dollars or more depending on the location and amount of disturbance. Tacoma Power staff can assist the grant applicant in estimating permitting costs for the purpose of the application After the grant award, Tacoma Power will provide direction to the Grantee regarding specific FERC requirements, if needed Tacoma Power may also need to apply to, and receive approval from FERC, if the funded project will be constructed on Tacoma Power property Mitigation Related to Permits Permits from regulatory agencies could require mitigation for impacts to wetlands or other resources The applicant should seek to identify this possibility and build it into the application and funding request. No additional funds will be available after the grant is awarded The applicant should not assume that required mitigation can be installed on Tacoma Power property because most of Tacoma Power's property is dedicated to specific uses In addition, Tacoma Power may not approve the ongoing responsibility for maintenance of the mitigation site Department of Natural Resources (DNR) Aquatic Use Authorization If the proposal includes construction on shorelands or bedlands owned by the State of Washington and administered by the DNR, an Aquatic Use Authorization will be needed This primarily applies to the beds of the Cowlitz and Tilton rivers The Grantee is responsible for contacting the DNR to determine if the authorization is needed If needed, the applicant must obtain the authorization prior to beginning construction. The application fee may be paid out of grant funds, but the renewal fee is the responsibility of the applicant unless an alternative funding source commits to ongoing payments Signs and Publicity Funded projects must identify Tacoma Power as a funding source on signs and other publicity for the facility Tacoma Power will furnish a suitable logo for the Grantee's use The Grantee will provide a draft of any publicity or signs for Tacoma Power review Reimbursement Tacoma Power will reimburse the Grantee for costs that are submitted on forms provided in the Project Agreement (see page 5) Reimbursements cannot exceed grant amounts The Grantee must be vigilant in estimating costs and must manage funds to effectively ensure project 8 • completion Ten percent of the final reimbursement may be held for payment until the completion and inspection of the final project Costs not included on the following list should be approved by Tacoma Power before expenditure to be sure they are reimbursable Reimbursable costs include • Administrative costs not to exceed twenty percent of the total, which may include engineering, planning, maps, miscellaneous supplies, cultural resource surveys, printing, reports, billing and travel to and from the site. • Construction costs including: surveys, permits, hearings, labor and supervision cost of contractors and staff, volunteer support, equipment charges and mileage, site improvements, materials and supplies, equipment needed to make the facility usable and vegetation for landscaping. The following costs will not be reimbursed This should not be considered a complete list • Entertainment, publicity, overcharges and fines, bonus payments, costs in excess of the lowest acceptable bid (for projects that use contractors), unspecified overhead, insurance premiums, legal costs, cost to buy land or land rights, cost to operate or maintain a facility, security, donations, furniture, appliances, cameras, computers, software and retroactive costs prior to signing Project Agreement Cancelation of Grant If a project is abandoned by the Grantee or terminated by the Funding Committee for breach of the agreement, the Grantee may be required to repay any previously reimbursed amounts unless alternate provisions are made to complete the project as planned If the Grantee does not make a reasonable effort to plan and implement the funded project Tacoma Power may cancel the project with 10 days' notice as described in the Project Agreement and retain any product purchased or built with Tacoma Power funds During this last grant cycle, if more than $45,000 remains unspent, the grant award will be re-advertised End of Project When the Project is complete, Tacoma Power will inspect it to insure it meets the terms of the contract. The Grantee will have a reasonable time to submit last invoices but During this last (third) grant cycle, if unspent funds total $45,000 or more, a fourth grant solicitation will occur MAINTENANCE AND OWNERSHIP OF IMPROVEMENTS Successful applicants are required to demonstrate provisions for long-term maintenance of the facility in the Project Agreement Projects must be maintained for at least 25 years If the project is built on lands owned by another, including Tacoma Power lands, a Cooperative Agreement must be submitted with the Project Agreement Tacoma Power insists that the project be maintained in a good state of repair for at least 25 years unless other provisions are made with Tacoma Power If a project is proposed for construction on Tacoma Power property, the application will not be accepted without an agreement stating that Tacoma Power is willing to be responsible for future maintenance, which will require consultation with Tacoma Power 9 Tacoma Power and the City of Tacoma are not and shall not be considered co-owners, joint venture partners or developers of the improvements and shall not have any interest in the improvements other than enforcing the requirement that they remain open to the public under the provisions of this program In addition, any improvements constructed under this program are not considered "public works projects" User Fees and Commercial Uses Operators of funded projects can charge a nominal amount for public use to help offset maintenance costs, not to exceed an equivalent fee set by the Washington State Parks and Recreation Commission at Washington state parks No profit can be made on the operation of the facility and all collected fees must be used for the project The project recipient may not use the constructed facility to conduct commercial operations or offer special use agreements to third parties that interfere with public use 10 BOCC AGENDA ITEM SUMMARY Resolution: BOCC Meeting Date: Jan. 27, 2020 Suggested Wording for Agenda Item: Agenda Type: Deliberation Approving a Recreation Grant Agreement between Tacoma Power and Lewis County for the Cowlitz River Public Access Point Project, Alta Drive MP .045 to .055, Packwood RECEIVED Contact: Josh Metcalf Phone: 3607402762 JAN 1 6 2027 Department: PW - Public Works LEWIS GOWN(Y PROSECUTING ATTORNET Description: This resolution will approve a Recreation Grant Agreement between Tacoma Power and Lewis County for the Cowlitz River Public Access Point Project Alta Drive MP .045 to .055, Packwood in the amount of $89,120.00. Approvals: Publication Requirements: Publications: User Status PA's Office Approved Additional Copies: Cover Letter To: Robin Saline, PW; Rose Williams, PW; Tina Hemphill, PW; Doug Carey, Facilities; Ann Weckback, PW