Loading...
HomeMy WebLinkAboutPW11-279 - Original - WA State Recreation and Conservation Office - Salmon Project: Mill Creek Confluence/Green River Design - 12/10/2010 ® ee® r e e KENO' Document WASH NGTCN CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: StAtC- di' 4K61JT JbTIyy\ K" lDY1S 18v� � IC L� Vendor Number: Wf/A JD Edwards Number Contract Number: This is assigned by City Clerk's Office Project Name: Mf J ( Y ConJP1 &(;Q, y ` ,/prr �ZSI�t►�' 1p I tZS �' V Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract Other: C0ZLxiiJ ' f Ajree,MP,VSt Contract Effective Date:'Ov. w -oyy Termination Date: ZD�Z Contract Renewal Notice (Days): Number of days required notiicc�ee for termination or renew/all or amendment il Contract Manager: " " A` sDepartment: W— Detail. (i.e. address, location, parcel number, tax id, etc.): 5•Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 i Guyot, Lucienne (RCO) From: Abbott, Brian (RCO) Bak To: mmactutis@ci kent wa us , Cc: Duboiski, Marc (RCO) Subject: Fully Signed Copy of RCO 10 1125P MAY 12 2011 Importance: High CITY OF KENT Natural Resources Building ,,� +^n,F ENGINEERING ®PT360)902-3000 P O Box 40917 TTY•(360)902-1996 Olympia,WA 98504-0917 Fax (360)902-3026 1111 Washington St S E E-mail infoC rco wa�ov_ Olympia,WA 98501 STATE OF WASHINGTON Web 0e www rco wa gov RECREATION AND CONSERVATION OFFICE May 11, 2011 TO Michael Mactutis, City of Kent RE- Mill Creek Conf/Green River Design, RCO # 10-1125P i i i Thank you for returning your RCO grant funded project agreement for signature. Your agreement has been signed by RCO management and your project has been made active If you provided us with two copies of the agreement, a signed copy is being post mailed to you for your files We also include an invoice voucher for your first bill You may visit our website at http //www rco wa gov/doc pages/index shtml to download copies of our manuals and reimbursement forms Please pay attention to the project milestones and contact us immediately if you are having any a difficulty meeting your deadlines We wish you success and look forward to seeing the completed projectl Please contact your RCO grant manager if you have any additional questions. Thank you for your support and participation in our grant programs. I 1 t �4 WA511INGTON STATE Recreation and Conservation Office Salmon Project Agreement Salmon Funding Accounts Project Sponsor: Kent City of Protect Number 10-1125P Project Title Mill Creek Conf/Green River Design Approval Date 12/10/2010 A. PARTIES OF THE AGREEMENT This protect grant agreement(agreement)is entered into between the State of Washington by and through the Salmon Recovery Funding Board(SRFB),P O Box 40917,Olympia Washington 98504-0917 and City of Kent (sponsor),220 Fourth Ave S, Kent,WA 98032-5895 and shall be binding on the agents and all persons acting by or through the parties B. PURPOSE OF AGREEMENT This agreement sets out the terms and conditions by which a grant is made from the Salmon Funding Accounts of the State of Washington The grant is administered by the Recreation and Conservation Office(RCO)to the sponsor for ; the project named above C. DESCRIPTION OF PROJECT r The subject project is described on the attached project summary ; j D. PERIOD OF PERFORMANCE � The project reimbursement period shall begin on December 10,2010 and end on June 10,2012 No expenditure t made before or after this penod is eligible for reimbursement unless incorporated by written amendment into this a agreement or specifically provided for by funding board/office policy Requests for time extensions are to be made at least 60 days before the agreement end date If a request fora time extension is not made at least 60 days before the agreement end date,the request may be denied If the request is made after the agreement end date,the time extension will be denied E. ON-GOING OBLIGATION The Project Sponsor's on-going obligation for the project shall be the same as the Period of Performance period identified in Section D n F. PROJECT FUNDING The total grant award provided by the funding board/office for this project shall not exceed$200,000 00 The funding board/office shall not pay any amount beyond that approved for funding of the project The sponsor shall be responsible for all total project costs that exceed this amount The contribution by the sponsor toward work on this project at a minimum shall be as indicated below Percentage DollarAmount SRFB-Salmon Federal Projects 100 00% $200 000 00 Project Sponsor 0 00% $0 00 Total Project Cost 100 00% $200,000 00 G. RIGHTS AND OBLIGATIONS All rights and obligations of the parties to this agreement are subject to this agreement and its attachments,as now existing or hereafter amended,including the sponsor's application,project summary,eligible scope activities,and project milestones,all of which are incorporated herein ; Except as provided herein,no amendment/deletions of any of the terms or conditions of this agreement will be effective unless provided in writing All such amendment/deletions except those concerning the period of performance,must be signed by both parties Period of performance extensions need only be signed by RCO's u director or designee The sponsor has read,fully understands,and agrees to be bound by all terms and conditions as set forth in these documents H. COMPLIANCE WITH APPLICABLE STATUTES,RULES,AND RCFB-SRFB POLICIES This agreement is governed by,and the sponsor shall comply with,all applicable state and federal laws and regulations,including Chapter 77 85 RCW,Chapter 420 WAC,and published agency policies,which are incorporated herein by this reference as if fully set forth Salmon Project Agreement-RCO 410-1125P Salmon Funding Accounts Chapter 77 85 RCW,Chapter 420 WAC Page 1 of 14 PROJAGR RPT N j a I. SPECIAL CONDITIONS This project is conditioned to meet the following design criteria, per SRFB Policy Manual#18, March 2010,Appendix D Final Project Design The final design process must address and resolve all substantial issues that may have been raised in the permitting and stakeholder review process so that all stakeholders agree on the final plans As with the preliminary design work, preparation of the final design must be done under the supervision of a licensed professional engineer (For certain projects, where liability concerns are minimal, a licensed professional engineer may not be required Consult RCO staff if you are NOT planning to use a licensed professional engineer ) Final design tasks include the following 1 Revision of preliminary design drawings 2 Preparation of additional detailed drawings as needed to clarify the design of specific work items 3 Preparation of technical specifications to fully describe each part of the work 4 Preparation of a final construction cost estimate 5 Preparation of contract bidding documents and general contract conditions Final project design concludes with a comprehensive and detailed set of project drawings, technical specifications, and contract documents(if the project is to be advertised for contractor bidding) An"engineer's estimate"of construction cost must also be prepared by the designer, for comparison with estimates provided by general contractors(bids) J. FEDERAL FUND INFORMATION A portion or all of the funds for this project are provided through a federal funding source Funds provided from the US Dept of Commerce must be reported under CFDA#11 438-Salmon Restoration and Award Number NA10NMF4380435 for federal fiscal year 2010 If the sponsor's total federal expenditures are$500,000 00 or more during the sponsor's fiscal-year,the sponsor is required to have a federal single audit conducted for that year in compliance with Office of Management and Budget CircularA-133 A copy of the final audit report must be provided to RCO within nine months of the end of the sponsor' s fiscal year,unless a longer period is agreed to in advance by the cognizant or oversight agency Failure to provide required A-133 audits will lead to a suspension of payments and may lead to a suspension of RCO agreements K. PROJECT AGREEMENT REPRESENTATIVE All written communications sent to the sponsor under this agreement will be addressed and delivered to Proiect Contact SRFB Name Michael Mactutis Recreation and Conservation Office Title Environmental Engineering Mgr Natural Resources Building Address 220 Fourth Ave S PO Box 40917 Kent,WA 98032-5895 Olympia,Washington 98504-0917 These addresses shall be effective until receipt by one party from the other of a written notice of any change L. ENTIRE AGREEMENT This agreement,with all amendments and attachments,constitutes the entire agreement of the parties No other understandings,oral or otherwise,regarding this agreement shall exist or bind any of the parties M EFFECTIVE DATE This agreement,for project 10-1125P,shall be effective on signing by all parties Reimbursements for eligible and allowable costs incurred prior to the effective date and those costs incurred within the period of performance are allowed only when this agreement is signed by all parties and an original is received by RCO The period of performance is identified in section D Salmon Project Agreement-RCO#10-1125P Salmon Funding Accounts Chapter 77 85 RCW Chapter 420 WAC Page 2 of 14 PROJAGR RPT The signatory listed below represent and warrant their authority to bind the parties to this agreement City of Kent Date By Name. Title: e State of Washington On behalf of�thefaon Recovery Funding Board(SRFB) +z By: Date: teen Cottingham Director, Recreation and Conservation Office Pre-approved as to form BY' Is/ Date: April 1, 2009 i Assistant Attorney General + Y RECEIVED APR 2 71011 r RECRFATt�„ i d 1 i t H A i Salmon Protect Agreement-RCO#10-1125P Salmon Funding Accounts Chapter 77 85 RCW,Chapter 420 WAC Page 3 of 14 A PROJAGR RPT h r 'y = WASHINGTON STATE Recreation and Conservation Office Standard Terms and Conditions of the Project Agreement Project Sponsor, Kent City of Project Number*10-1125P Project Title Mill Creek Conf/Green River Design Approval Date 12/10/2010 SECTION 1 CITATIONS,HEADINGS AND DEFINITIONS A Any citations referencing specific documents refer to the current version at the date of protect agreement and/or any revisions in the future B Headings used in this agreement are for reference purposes only and shall not be considered a substantive part of this agreement C Definitions As used throughout this agreement,the following terms shall have the meaning set forth below acquisition-The gaining of rights of ownership by purchase,negotiation,or other means,of fee or less than fee interests in real property agreement-The accord accepted by all parties to the present transaction,this agreement,any supplemental agreements,any amendments to this agreement and any intergovernmental agreements applicant-Any agency or organization that meets the qualifying standards,including deadlines,for submission of an application soliciting a grant of funds from the funding board application-The forms and support documents approved by the funding board or its director for use by applicants in soliciting protect funds administered by RCO asset-Equipment purchased by the sponsor or acquired or transferred to the sponsor for the purpose of this agreement This definition is restricted to non-fixed assets,including but not limited to vehicles,computers or machinery cognizant or oversight agency-Federal agency responsible for ensuring compliance with federal audit requirements contractor-Shall mean one not in the employment of the sponsor who is performing all or part of the eligible activities for this protect under a separate agreement with the sponsor The term"contractor"and"contractors"means contractor(s)in any tier corporate sponsor-Any corporate form of business,Including nonprofit organizations, under RCW 23,23B and 24 developmentjrenovation-Construction of or improvement of site or site facilities director-The chief executive officer of the Recreation and Conservation Office or that person's designee funding board-The board that authorized the funds in this agreement,either the Recreation and Conservation Funding Board (RCFB)created under chapter 79A 25 110 RCW,or the Salmon Recovery Funding Board(SRFB)created under chapter 77 85 110 RCW landowner agreement-A landowner agreement is required between a sponsor and landowner for protects located on land not owned or otherwise controlled,by the sponsor milestone-An important event with a defined deadline for an activity related to implementation of a funded project period of performance-The time period specified in the agreement,under Section D,period of performance post evaluation summary-One of the documents used to summarize and describe the actions undertaken in the agreement project-The undertaking that is the subject of this agreement and that is, or may be,funded in whole or in part with funds administered by RCO on behalf of the funding board RCO-Recreation and Conservation Office-The state office that provides administrative support to the Recreation and Conservation Funding Board and Salmon Recovery Funding Board RCO includes the director and staff,created by Chapters 79A 25 110 and 79A 25 150 RCW and charged with administering this agreement by Chapters 77 85 110 and 79A 25 240 RCW reimbursement-Payment of eligible and allowable costs that have already been paid by the sponsor per the terms of the agreement restorationlenhancement-Bringing a site back to its original function as part of a natural ecosystem or improving the ecological functionality of a site scope items-Components defined as part of the scope of work,see Section 26 B sponsor-The eligible applicant who has been awarded a grant of funds and is bound by this executed agreement,includes its officers,employees,agents and successors SECTION 2 PERFORMANCE BY THE SPONSOR The sponsor shall undertake the project as described in this agreement,post evaluation summary,the sponsor's application,and in accordance with the sponsor's proposed scope described in the application or documents submitted with the application,all as finally approved by the funding board All submitted documents are incorporated by this reference as if fully set forth herein The Order of Precedence is covered in Section 34 Timely completion of the project is important Failure to meet critical milestones or complete the project,as set out in this agreement, is a material breach of the agreement Salmon Project Agreement-RCO#10-1125P Salmon Funding Accounts Chapter 77 85 RCW,Chapter 420 WAC Page 4 of 14 PROJAGR RPT i SECTION 3 ASSIGNMENT Neither this agreement nor any claim ansing under this agreement,shall be transferred or assigned by the sponsor without prior written consent of the funding board SECTION 4 RESPONSIBILITY FOR PROJECT While the funding board undertakes to assist the sponsor with the protect by providing a grant pursuant to this agreement,the project itself remains the sole responsibility of the sponsor The funding board undertakes no responsibilities to the sponsor,or to any third party,other than as is expressly set out in this agreement The responsibility for the implementation of the protect,is solely that of the sponsor,as is the responsibility for any claim or suit of any nature by any third party related in any way to the protect SECTION 5 INDEMNIFICATION To the fullest extent permitted by the law,the sponsor expressly agrees to and shall indemnify,defend and hold harmless the State and its agencies,officials,agents and employees from and against all claims,actions,costs,damages,or expenses of any nature ansing out of or incident to the sponsor s or any contractor's performance or failure to perform the agreement Sponsor's obligation to indemnify,defend and hold harmless also includes any claim by sponsor's agents,employees,representatives or any contractor or its employees Sponsor's obligation to defend includes payment of any costs or attorneys'fees Sponsors obligation shall not include such claims that may be caused by the sole negligence of RCO, its officials,agents,and g employees If the claims or damages are caused by or result from the concurrent negligence of(a)RCO its agents or employees and (b)the sponsor,its contractors,agents,or employees this indemnity provision shall be valid and enforceable only to the extent of the a negligence of the sponsor or its contractors agents,or employees The sponsor expressly agrees to waive his/her immunity under Title 51 RCW to the extent required to indemnify,defend,and hold harmless the State and its agencies,officials,agents or employees K SECTION 6. INDEPENDENT CAPACITY OF THE SPONSOR The sponsor and its employees or agents performing under this agreement are not officers,employees or agents of the funding board or RCO The sponsor will not hold itself out as nor claim to be an officer,employee or agent of RCO,a funding board or of the state of Washington,nor will the sponsor make any claim of right, privilege or benefit which would accrue to an employee under Chapters 41 06 or 28B RCW a The sponsor is responsible for withholding and/or paying employment taxes,insurance,or deductions of any kind required by federal, state,and/or local laws s SECTION 7. CONFLICT OF INTEREST Notwithstanding any determination by the Executive Ethics Board or other tribunal,RCO may,in its sole discretion,by written notice to the sponsor terminate this agreement if it is found after due notice and examination by RCO that there is a violation of the Ethics in Public Service Act,Chapter 42 52 RCW,or any similar statute involving the sponsor in the procurement of,or performance under,this a agreement In the event this agreement is terminated as provided above,RCO shall be entitled to pursue the same remedies against the sponsor „ as it could pursue in the event of a breach of the agreement by the sponsor The rights and remedies of RCO provided for in this ! clause shall not be exclusive and are in addition to any other rights and remedies provided by law SECTION 8 ACKNOWLEDGMENT AND SIGNS + A Publications The sponsor shall include language which acknowledges the funding contribution of the applicable grant program to 6 this protect in any release or other publication developed or modified for,or referring to,the protect B Signs The sponsor also shall post signs or other appropriate media at protect entrances and other locations on the protect which acknowledge the applicable grant program's funding contribution,unless exempted in funding board policy or waived by the director C Ceremonies The sponsor shall notdy RCO no later than two weeks before a dedication ceremony for this protect The sponsor shall verbally acknowledge the applicable grant program's funding contribution at all dedication ceremonies D Federally Funded Protects When issuing statements,press releases,requests for proposals,bid solicitations,and other 4 documents describing a project funded in whole or in part with federal money provided for in this grant,sponsors shall clearly I state w 1 The percentage of the total costs of the protect that is financed with federal money, 2 The dollar amount of federal funds for the protect,and 3 The percentage and dollar amount of the total costs of the project that is financed by nongovernmental sources 9 1 Salmon Project Agreement-RCO#10-1125P Salmon Funding Accounts Chapter 77 85 RCW,Chapter 420 WAC Page 5 of 14 PROJAGR RPT SECTION 9. COMPLIANCE WITH APPLICABLE LAW The sponsor will implement the agreement in accordance vnth applicable federal,state,and local laws, regulations and RCO and funding board policies The sponsor shall comply with,and RCO is not responsible for determining compliance with,any and all applicable federal,state,and local laws,regulations,and/or policies,including, but not limited to State Environmental Policy Act, Industrial Insurance Coverage, Architectural Barriers Act,permits(shoreline,Hydraulics Project Approval,demolition),land use regulations(critical areas ordinances, Growth Management Act) federal and state safety and health regulations(Occupational Safety and Health Administration/Washington Industrial Safety and Health Act),and Buy American Act Endangered Species For habitat restoration projects funded in part or whole with federal funds administered by the SRFB the sponsor shall not commence with clearing of riparian trees or in-water work unless either the sponsor has complied with 50 CFR 223 203(b)(8),limit 8 or until an Endangered Species Act consultation is finalized in writing by the National Oceanic and Atmospheric Administration Violation of this requirement may be grounds for terminating this project agreement This section shall not be the basis for any enforcement responsibility by RCO Nondiscrimination Laws The sponsor shall comply with all applicable federal,state,and local nondiscrimination laws and/or policies,including but not limited to the Americans with Disabilities Act,Civil Rights Act,and the Age Discrimination Act In the event of the sponsor's noncompliance or refusal to comply with any nondiscrimination law or policy,the agreement may be rescinded,cancelled,or terminated in whole or in part,and the sponsor may be declared ineligible for further grant awards from the funding board The sponsor is responsible for any and all costs or liability arising from the sponsor's failure to so comply with applicable law Prevailing Wage The sponsor agrees to pay the prevailing rate of wage to all workers,laborers,or mechanics employed in the performance of any part of this contract when required by slate law to do so, and to comply with the provisions of the Davis-Bacon Act,other federal laws and Chapter 39 12 RCW, as amended,and the rules and regulations of the Department of Labor and Industries Restrictions on Grant Use No part of any funds provided under this grant shall be used,other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes,or for the preparation,distribution,or use of any kit,pamphlet, booklet,publication,radio, television,or video presentation designed to support or defeat legislation pending before the U S Congress or any slate legislature No part of any funds provided under this grant shall be used to pay the salary or expenses of any sponsor,or agent acting for such sponsor,related to any activity designed to influence legislation or appropriations pending before the U S Congress or any state legislature SECTION 10 ARCHAEOLOGICAL AND CULTURAL RESOURCES The real property acquired,developed,renovated or restored through this grant is subject to Governor's Executive Order(EO)05-05 or compliance with Section 106 of the National Historic Preservation Act concerning the review,analysis,and consultation with the Washington State Department of Archaeology and Historic Preservation and affected Tribes for archaeological and cultural resources The funding board requires documented compliance with EO 05-05 or Section 106 of the National Historic Preservation Act, whichever is applicable to the project In the event that a federal agency declines to consult,the sponsor shall comply with EO 05-05 The sponsor must comply with EO 05-05 or the National Historic Preservation Act before initialing ground disturbing activity RCO will issue a notice to proceed(if applicable)when appropriate documentation has been received RCO will not reimburse for construction related activity until the sponsor demonstrates compliance In the event that archaeological or historic materials are discovered during project activities,work in the location of discovery and immediate vicinity must stop instantly,the area must be secured,and notification must be provided to the following concerned Tribes' cultural staff and cultural committees,RCO,and the State Department of Archaeology and Historic Preservation In the event that human remains are discovered during project activity,work in the location of discovery and immediate vicinity must stop instantly,the area must be secured,and notification provided to the concerned Tribe's cultural staff and cultural committee,RCO,State Department of Archaeology,the coroner and local law enforcement in the most expeditious manner possible according to RCW 68 50 SECTION 11 HAZARDOUS SUBSTANCES A Definition "Hazardous substance,"as defined in Chapter 70 105D 020(11)RCW,means 1 Any dangerous or extremely hazardous waste as defined in Chapter 70 105 010(5)and(6)RCW,or any dangerous or extremely hazardous waste designated by rule pursuant to Chapter 70 105 RCW, 2 Any hazardous substance as defined in Chapter 70 105 010(14)RCW or any hazardous substance as defined by rule pursuant to Chapter 70 105 RCW, 3 Any substance that,on March 1, 1989,is a hazardous substance under section 101(14)of the federal cleanup law,42 U S C Sec 9601(14), Salmon Project Agreement-RCO#10-1125P Salmon Funding Accounts Chapter 77 85 RCW Chapter 420 WAC Page 6 of 14 PROJAGR RPT 4 Petroleum or petroleum products,and 5 Any substance or category of substances including solid waste decomposition products,determined by the director[or director's designee]of the department of ecology by rule to present a threat to human health or the environment if released .I into the environment 6 The term hazardous substance does not include any of the following when contained in an underground storage tank from which there is not a release Crude oil or any fraction thereof or petroleum,if the tank is in compliance with all applicable federal,state,and local law B Certification The sponsor shall inspect,investigate,and conduct an environmental audit of the proposed acquisition site for the presence of hazardous substances and certify 1 No hazardous substances were found on the site,or 2 Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and federal laws,and the site deemed"clean" C Responsibility Nothing in this provision alters the sponsor's duties and liabilities regarding hazardous substances as set forth in 4 Chapter 70 105D RCW 1 D Hold Harmless The sponsor will defend,protect and hold harmless RCO and any and all of its employees and/or agents,from and against any and all liability,cost(including but not limited to all costs of defense and attomeys'fees)and any and all loss of any nature from any and all claims or suits resulting from the presence of,or the release or threatened release of,hazardous substances on the property being acquired s SECTION 12 RECORDS MAINTENANCE The sponsor shall maintain books,records,documents,data and other evidence relating to this agreement and performance of the services described herein,including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this agreement Sponsor shall retain such records for a period of six years from the date RCO closes the project At no additional cost,these records,including materials generated under the agreement,shall be subject at all reasonable times to inspection,review or audit by RCO,personnel duly authorized by RCO,the Office of the State Auditor,and federal and slate officials so authorized by law,regulation or agreement If any litigation,claim or audit is started before the expiration of the six(6)year penod,the records shall be retained until all litigation, claims,or audit findings involving the records have been resolved S SECTION 13. PUBLIC RECORDS Sponsor acknowledges that the funding board is subject to chapter 42 56 RCW and that this agreement shall be a public record as defined in chapter 42 56 RCW Additionally,in compliance with RCW 77 85 130(8),sponsor agrees to disclose any information in regards to expenditure of any funding received from the funding board i SECTION 14 ACCESS TO DATA , In compliance with chapter 39 29 RCW,the sponsor shall provide access,when requested,to data generated under this agreement to RCO,the Joint Legislative Audit and Review Committee,and the State Auditor at no additional cost This includes access to all information that supports the findings,conclusions,and recommendations of the sponsor's reports,including computer models and methodology for those models SECTION 15 TREATMENT OF ASSETS A Assets shall remain in the possession of the sponsor for the duration of the project or applicable grant program When the sponsor discontinues use of the asset(s)for the purpose for which it was funded,RCO will require the sponsor to deliver the asset(s)to RCO,dispose of the asset according to RCO policies,or return the fair market value of the asset(s)to RCO Assets shall be used only for the purpose of this agreement,unless otherwise provided herein or approved by RCO in writing B The sponsor shall be responsible for any loss or damage to assets which results from the negligence of the sponsor or which results from the failure on the part of the sponsor to maintain and administer that asset in accordance with sound management practices t SECTION 16 RIGHT OF INSPECTION The sponsor shall provide right of access to the project to RCO,or any of its officers,or to any other authorized agent or official of the state of Washington or the federal government,at all reasonable times,in order to monitor and evaluate performance,compliance, and/or quality assurance under this agreement If a landowner agreement has been executed,it will further stipulate and define the funding board and RCO's nght to inspect and access lands acquired or developed with funding board assistance SECTION 17 STEWARDSHIP AND MONITORING Sponsor agrees to perform monitoring and stewardship functions as stated in policy documents approved by the funding boards or RCO Sponsor further agrees to utilize,where applicable and financially feasible,any monitoring protocols recommended by the funding board 3 Salmon Project Agreement-RCO#10-1125P Salmon Funding Accounts Chapter 77 85 RCW,Chapter 420 WAC Page 7 of 14 PROJAGR RPT m SECTION 18 DEBARMENT CERTIFICATION FOR FEDERALLY FUNDED PROJECTS "Lower tier participants"refer to any sponsor receiving a federal grant through RCO Lower tier participants also refer to any grantee, subgrantee,or contractor of any grantee or subgrantee from the original sponsor funded by RCO In this section,the sponsor certifies to RCO that neither they nor their subgranlees are suspended or debarred Any grantee,subgrantee,or contractor of any grantee or subgrantee from the original sponsor certifies to the sponsor directly For any federally funded protects,sponsors are required to follow any federal requirements Furthermore any federal funding requirements will be passed on to any other entity to whom the sponsor passes funds(also referred to as a lower tier participant) The sponsor(prospective lower tier participant)certifies,by signing this agreement,that neither it nor its principals nor any other lower tier participants are presently debarred suspended,proposed for debarment,declared ineligible,or voluntarily excluded from participation in this transaction by any Federal department or agency The sponsor(prospective lower tier participant)shall provide immediate written notice to RCO if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances Should the prospective lower tier participant enter into a covered transaction with another person at the next lower tier,the sponsor (prospective lower tier participant)agrees by signing this agreement that it will verify that the person with whom it or its lower tier participant intends to do business is not excluded or disqualified The sponsor(prospective lower tier participant)will do this by A Checking the federal Excluded Parties List System (www epls gov)for that person,or B Collecting a certification from that person,or C Adding a clause or condition to the covered transaction with that person The sponsor(prospective lower tier participant)agrees by signing this agreement that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred,suspended,declared ineligible,or voluntarily excluded from participation in this covered transaction,unless authorized by the department or agency with which this transaction originated A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended,ineligible,or voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous SECTION 19 PROJECT FUNDING A Additional Amounts The funding board shall not be obligated to pay any amount beyond the dollar amount as identified in this agreement,unless an additional amount has been approved in advance by the funding board or director and incorporated by written amendment into this agreement B Before the Agreement No expenditure made,or obligation incurred,by the sponsor before the effective date of this agreement shall be eligible for grant funds,in whole or in part,unless specifically provided for by funding board policy,such as a waiver of retroactivity or program specific eligible pre-agreement costs The dollar amounts identified in this agreement may be reduced as necessary to exclude any such expenditure from reimbursement C After the period of performance No expenditure made or obligation incurred,following the penod of performance shall be eligible,in whole or in part,for grant funds hereunder In addition to any remedy the funding board may have under this agreement,the grant amounts identified in this agreement shall be reduced to exclude any such expenditure from participation SECTION 20 PROJECT REIMBURSEMENTS A Sponsors may only request reimbursement after eligible and allowable costs have already been paid and remitted to their vendors B Compliance and Payment The obligation of RCO to pay any amount(s)under this agreement is expressly conditioned on strict compliance with the terms of this agreement by the sponsor C Compliance and Retarnage RCO reserves the right to withhold disbursement of the final ten percent(10%)of the total amount of the grant to the sponsor until the protect has been completed A project is considered"complete"when 1 All approved or required activities outlined in the agreement are done, 2 On-site signs are in place(if applicable), 3 Afnal protect report is submitted to RCO, 4 Any other required documents are complete and submitted to RCO, 5 A final reimbursement request is submitted to RCO, 6 The completed project has been accepted by RCO, 7 Final amendments have been processed,and 8 Fiscal transactions are complete D Reimbursement Request Frequency Sponsors are encouraged to send RCO a reimbursement request at least quarterly Sponsors are required to submit a reimbursement request to RCO,at a minimum for each project at least once a year for reimbursable activities occurring between July 1 and June 30 Sponsors must refer to current RCO policies and procedures regarding reimbursement requirements Salmon Project Agreement-RCO#10-1125P Salmon Funding Accounts Chapter 77 85 RCW,Chapter 420 WAC Page 8 of 14 PROJAGR RPT it it J SECTION 21 ADVANCE PAYMENTS Advance payments of or in anticipation of goods or services to be provided under this agreement are limited to grants approved by the SRFB and must comply with SRFB policy See WAC 420-12-060(5) �I SECTION 22 RECOVERY OF PAYMENTS In the event that the sponsor fails to expend funds under this agreement in accordance with state and federal laws,and/or the provisions of the agreement,RCO reserves the right to recover grant award funds in the amount equivalent to the extent of noncompliance in addition to any other remedies available at law or in equity The sponsor shall reimburse RCO for any overpayment or erroneous payments made under the agreement Repayment by the sponsor of such funds under this recovery provision shall occur within 30 days of demand by RCO Interest shall accrue at the rate of twelve percent(12%)per annum from the time that payment becomes due and owing SECTION 23 COVENANT AGAINST CONTINGENT FEES The sponsor warrants that no person or selling agent has been employed or retained to solicit or secure this agreement on an agreement or understanding for a commission,percentage,brokerage or contingent fee,excepting bona fide employees or bona fide established agents maintained by the sponsor for the purpose of securing business RCO shall have the right,in the event of breach of this clause by the sponsor,to terminate this agreement without liability or, in its discretion,to deduct from the agreement grant amount or consideration or recover by other means the full amount of such commission,percentage,brokerage or contingent fee E SECTION 24 PROVISIONS APPLYING TO DEVELOPMENTlRESTORATION PROJECTS The following provisions shall be in force only if the protect described in this agreement is for developmentfrestoration of land or facilities for outdoor recreation,habitat conservation,or salmon recovery A Document Review and Approval The sponsor agrees to submit one copy of all development/restoration or construction plans and specifications to RCO for review Review and approval by RCO will be for compliance with the terms of this agreement J B Contracts for Development or Restoration Sponsor shall award all contracts for construction,development or restoration using whatever method is appropriate and required for the sponsor C Contract Change Order Only change orders that impact the amount of funding or changes to the scope of the protect as a described to and approved by the funding board or RCO must receive pnor written approval D Control and Tenure The sponsor must provide documentation that shows appropriate tenure(land owner agreement,long term lease agreement,easement,or fee simple ownership)for the land proposed for development or restoration The documentation must meet current RCO requirements E Nondiscrimination Except where a nondiscrimination clause required by a federal funding agency is used,the sponsor shall insert the following nondiscrimination clause in each contract for construction of this project "During the performance of this contract, the contractor agrees to comply with all federal and state nondiscrimination laws,regulations and policies" F Use of Best Management Practices Project sponsors are encouraged to use best management practices developed as part of the Washington Slate Aquatic Habitat Guidelines(AHG)Program The best management practices are described in three r documents "Stream Habitat Restoration Guidelines Final Draft',2004,'Design of Road Culverts for Fish Passage",2003,and "Integrated Streambank Protection Guidelines",2002 These documents and other information can be found on the AHG website r SECTION 25. PROVISIONS APPLYING TO ACQUISITION PROJECTS The following provisions shall be in force only if the project described in this agreement is for the acquisition of interest in real property (including easements)for outdoor recreation,habitat conservation,or salmon recovery purposes A Evidence of Land Value Before disbursement of funds by RCO as provided under this agreement,the sponsor agrees to supply evidence to RCO that the cost of the property rights acquired has been established according to funding board policy B Evidence of Title The sponsor agrees to show the type of ownership interest for the property that has been acquired This shall be done before any payment of financial assistance C Legal Description of Real Property Rights Acquired The legal descnption of the real property rights purchased with funding assistance provided through this project agreement(and protected by a recorded conveyance of rights to the State of Washington)shall be incorporated into the agreement before final payment D Conveyance of Rights to the State of Washington Document securing long-tern rights for the State of Washington When real property nghts(both fee simple and lesser interests)are acquired,the sponsor agrees to execute an appropriate document conveying certain rights and responsibilities to RCO,on behalf of the State of Washington These documents include a Deed of Right,Assignment of Rights, Easements and Leases The sponsor agrees to use document language provided by RCO,to 3 record the executed document in the County where the real property lies,and to provide a copy of the recorded document to RCO The document required will vary depending on the project type,the real property rights being acquired and whether or not those rights are being acquired in perpetuity Salmon Project Agreement-RCO#10-1125P Salmon Funding Accounts Chapter 77 85 RCW,Chapter 420 WAC Page 9 of 14 PROJAGR RPT ,4 I Deed of Right The Deed of Right conveys to the people of the state of Washington the right to preserve, protect,and/or use the property for public purposes consistent with the fund source Sponsors shall use this document when acquiring real property rights that include the underlying land This document may also be applicable for those easements where the sponsor has acquired a perpetual easement for public purposes 2 Assignment of Rights The Assignment of Rights document transfers certain rights such as access and enforcement to RCO Sponsors shall use this document when an easement or lease is being acquired for habitat conservation or salmon recovery purposes The Assignment of Rights requires the signature of the underlying landowner and must be incorporated by reference in the easement document 3 Easements and Leases The sponsor may incorporate required language from the Deed of Right or Assignment of Rights directly into the easement or lease document,thereby eliminating the requirement for a separate document Language will depend on the situation,sponsor must obtain RCO approval on the draft language prior to executing the easement or lease E Real Property Acquisition and Relocation Assistance 1 When federal funds are part of this agreement,the Sponsor agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 84 Stat 1894(1970)--Public Law 91-646,as amended by the Surface Transportation and Uniform Relocation Assistance Act,PL 100-17-1987,and applicable regulations and procedures of the federal agency implementing that Act 2 When state funds are part of this agreement,the sponsor,if required by law,agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policy of the State of Washington,Chapter 8 26 010 RCW,and Chapter 468-100 WAC 3 Housing and Relocation In the event that housing and relocation costs,as required by federal law set out in subsection(1) above and/or state law set out in subsection(2)above,are involved in the execution of this project,the sponsor agrees to provide any housing and relocation assistance required F Buildings and Structures In general,grant funds are to be used for outdoor recreation, habitat conservation,or salmon recovery Sponsors agree to remove or demolish ineligible structures Sponsors must consult RCO regarding compliance with section 10- Archaeological and Cultural Resources before structures are removed or demolished C, Archaeological and Cultural Resources The sponsor agrees that any real property interests acquired under this agreement,if to be developed in the future,is subject to section 10(Archaeological and Cultural Resources)prior to any ground disturbing activity SECTION 26 RESTRICTION ON CONVERSION OF REAL PROPERTY AND/OR FACILITIES TO OTHER USES The sponsor shall not at any time convert any real property or facility acquired,developed,and/or restored pursuant to this agreement to uses other than those purposes for which funds were approved without prior approval of the funding board in compliance with applicable statutes,rules,and funding board policies It is the intent of the funding board s conversion policy,current or as amended in the future,that all real property or facilities acquired,developed and/or restored with funding assistance remain in the public domain in perpetuity unless otherwise identified in the agreement or as approved by the funding board When a conversion has been determined to have occurred,the sponsor is required to remedy the conversion per established funding board policies A A conversion occurs when one or more of the following has taken place,whether affecting an entire site or any portion of a site funded by the funding boards 1 Conveyance Property interests are conveyed for purposes inconsistent with the original grant request 2 Conveyance to Ineligible Third Party Property interests are conveyed to a third party not otherwise eligible to receive grants in the program from which funding was derived 3 Non-eligible Uses A use occurs that is inconsistent with the original grant request 4 Non-eligible Facilities Non-eligible facilities are developed within the project area 5 Termination of Public Use When public use, as described in the original grant request,is temporarily or permanently terminated or excluded 6 Environmental Functions For habitat projects,if the property acquired,restored or enhanced no longer provides the environmental functions for which funding board grants were originally approved Salmon Project Agreement-RCO#10-1125P Salmon Funding Accounts Chapter 77 85 RCW,Chapter 420 WAC Page 10 of 14 PROJAGR RPT B Changing a project's scope items When approved by the funding board or director,certain scope items may be changed from (, the sponsor's obligation in the agreement without being considered a conversion In the following instances the board may authorize changes without invoking the requirement to replace the scope items Such changes are allowed when the funding ! board or director determines that the scope items are not needed or cannot be retained due to one or more of the following conditions ,I 1 Obsolescence f{ 2 Extraordinary vandalism 3 Acts of Nature 4 Designed life expectancy reached 5 Fire 6 Permit requirements that disallow specific elements 7 Reversion Order(National Trails System Act 8(d), 16 U S C §1247(d), WAC 286-27-060(2)) SECTION 27 CONSTRUCTION,OPERATION,USE AND MAINTENANCE OF ASSISTED PROJECTS Sponsors must ensure that properties or facilities assisted with funding board funds,including undeveloped sites,are built,operated, used,and maintained A According to applicable federal,slate,and local laws and regulations,including public health standards and building codes i B In a reasonably safe condition for the project's intended use C Throughout its estimated life so as to prevent undue deterioration D In compliance with all federal and state nondiscrimination laws,regulations and policies Facilities open to the public must A Be constructed and maintained to meet or exceed the minimum requirements of the most current local or state codes,Uniform Federal Accessibility Standards,guidelines,or rules,including but not limited to the International Building Code,the Americans with Disabilities Act,and the Architectural Barriers Act,as updated B Appear attractive and inviting to the public except for brief installation,construction,or maintenance periods 4 C Be available for use at reasonable hours and times of the year,according to the type of area or facility e t 3 SECTION 28 INCOME AND INCOME USE A Income 1 Compatible source The source of any income generated in a funded project or project area must be compatible with the funding source and the agreement 2 Fees User and/or other fees may be charged in connection with land acquired or facilities developed with funding board grants if the fees are consistent with the (a) Value of any service(s)furnished, (b) Value of any opportunities furnished,and (c) Prevailing range of public fees in the state for the activity involved Excepted are Firearms and Archery Range Recreation Program safety classes(firearm and/or hunter)for which a facility/range fee must not be charged(Chapter 79A 25 210 RCW) B Income use Regardless of whether income or fees in a project work site(including entrance,utility corridor permit,cattle grazing, timber harvesting,farming,etc)are gained during or after the reimbursement penod cited in the agreement,unless precluded by stale or federal law,the revenue may only be used to offset 1 The sponsor's matching funds, 2 The project's total cost, 3 The expense of operation,maintenance,stewardship,monitoring,and/or repair of the facility or program assisted by the funding board grant, t 4 The expense of operation,maintenance,stewardship,monitoring,and/or repair of other similar units in the sponsor's system,and/or 5 Capital expenses for similar acquisition and/or development a SECTION 29 PREFERENCES FOR RESIDENTS ; Sponsors shall not express a preference for users of grant assisted projects on the basis of residence(including preferential s reservation membership,and/or permit systems)except that reasonable differences in admission and other fees may be maintained on the basis of residence Even so the funding board discourages the imposition of differential fees Fees for nonresidents must not exceed twice the fee imposed on residents Where there is no fee for residents but a fee is charged to nonresidents the nonresident fee shall not exceed the amount that would be imposed on residents at comparable state or local public facilities Salmon Project Agreement-RCO#10-1125P Salmon Funding Accounts Chapter 77 85 RCW,Chapter 420 WAC Page 11 of 14 PROJAGR RPT ,J SECTION 30 PROVISIONS RELATED TO CORPORATE(INCLUDING NONPROFIT)SPONSORS A corporate sponsor,including any nonprofit sponsor,shall A Maintain corporate status with the state,including registering with the Washington Secretary of State's office,throughout the sponsor's obligation to the protect as identified in the agreement B Notify RCO prior to corporate dissolution Within 30 days of dissolution the sponsor shall name a qualified successor that will agree in writing to assume any on-going protect responsibilities A qualified successor is any party eligible to apply for funds in the subject grant program and capable of complying with the terms and conditions of this agreement RCO will process an amendment transferring the sponsor's obligation to the qualified successor if requirements are met C Sites or facilities open to the public may not require exclusive use,(e g,members only) SECTION 31 LIABILITY INSURANCE REQUIREMENTS FOR FIREARMS AND ARCHERY RANGE SPONSORS A The sponsor of a firearms or archery range recreation project shall procure an endorsement,or other addition,to liability insurance it may currently carry,or shall procure a new policy of liability insurance,in a total coverage amount the sponsor deems adequate to ensure it will have resources to pay successful claims of persons who may be killed or injured,or suffer damage to property,while present at the range facility to which this grant is related,or by reason of being in the vicinity of that facility,provided that the coverage shall be at least one million dollars($1,000,000)for the death of,or injury to,each person B The liability insurance policy,including any endorsement or addition,shall name Washington State,the funding board,and RCO as additional insured and shall be in a form approved by the funding board or director C The policy,endorsement or other addition,or a similar liability insurance policy meeting the requirements of this section,shall be kept in force throughout the sponsor's obligation to the project as identified in this agreement D The policy,as modified by any endorsement or other addition,shall provide that the issuing company shall give written notice to RCO not less than thirty(30)calendar days in advance of any cancellation of the policy by the insurer, and within ten(10) calendar days following any termination of the policy by the sponsor E The requirement of Subsection A through D above shall not apply if the sponsor is a federal,state,or municipal government which has established a program of self-insurance or a policy of self-insurance with respect to claims ansing from its facilities or activities generally,including such facilities as firearms or archery ranges,when the applicant declares and describes that program or policy as a part of its application to the funding board F By this requirement,the funding board and RCO does not assume any duty to any individual person with respect to death,injury, or damage to property which that person may suffer while present at or in the vicinity of,the facility to which this grant relates Any such person,or any other person making claims based on such death,injury,or damage,must look to the sponsor,or others,for any and all remedies that may be available by law SECTION 32. REQUIREMENTS OF THE NATIONAL PARK SERVICE If the project has been approved by the National Park Service,US Department of the Interior,for funding assistance from the federal Land and Water Conservation Fund(LWCF),the"Project Agreement General Provisions"in the LWCF State Assistance Program Federal Financial Assistance Manual are also made part of this agreement The sponsor shall abide by these LWCF General Provisions as they now exist or are hereafter amended Further,the sponsor agrees to provide RCO with reports or documents needed to meet the requirements of the LWCF General Provisions SECTION 33 FARMLAND PRESERVATION ACCOUNT For projects funded through the Washington Wildlife and Recreation Program Farmland Preservation Account,the following sections will not apply if covered separately in a recorded RCO approved Agricultural Conservation Easement Section 8-Acknowledgement and Signs, Section 11 -Hazardous Substances, Section 17-Stewardship and Monitoring Section 26-Restriction on Conversion of Real Property and/or Facilities to Other Uses,and Section 25-Provisions Applying to Acquisition Projects Sub-sections D, E, F and G SECTION 34 ORDER OF PRECEDENCE This agreement is entered into,pursuant to,and under the authority granted by applicable federal and slate laws The provisions of the agreement shall be construed to conform to those laws In the event of an inconsistency in the terms of this agreement,or between its terms and any applicable statute,rule,or policy or procedure,the inconsistency shall be resolved by giving precedence in the following order A Applicable federal and/or state statutes,regulations,policies and procedures including RCO/funding board policies and procedures,applicable federal Office of Management and Budget(OMB)circulars and federal and state executive orders, B Project agreement including attachments, C Special Conditions, D Standard Terms and Conditions of the Project Agreement Salmon Project Agreement-RCO#10-1125P Salmon Funding Accounts Chapter 77 85 RCW,Chapter 420 WAC Page 12 of 14 PROJAGR RPT SECTION 35 AMENDMENTS This agreement may be amended by mutual agreement of the parties only Such amendments shall not be binding unless they are in wnting and signed by personnel authorized to bind each of the parties Period of performance extensions and minor scope adjustments need only be signed by RCO's director or designee I' SECTION 36 LIMITATION OF AUTHORITY ! Only RCO or RCO's delegate by writing(delegation to be made prior to action)shall have the express,implied,or apparent authority to alter,amend,modify or waive any clause or condition of this agreement Furthermore,any alteration,amendment,modification,or waiver of any clause or condition of this agreement is not effective or binding unless made in writing and signed by RCO 3 i SECTION 37. WAIVER OF DEFAULT ' Waiver of any default shall not be deemed to be a waiver of any subsequent default Waiver or breach of any provision of the agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the agreement unless stated to be such in writing,signed by the director,or the director's designee,and attached to the original agreement SECTION 38 APPLICATION REPRESENTATIONS--MISREPRESENTATIONS OR INACCURACY OR BREACH The funding board and RCO rely on the sponsor's application in making its determinations as to eligibility for,selection for,and scope of,funding grants Any misrepresentation,error or inaccuracy in any part of the application may be deemed a breach of this agreement ) SECTION 39 TERMINATION AND OTHER REMEDIES E The funding board and RCO will require strict compliance by the sponsor with all the terms of this agreement including, but not limited to,the requirements of the applicable statutes,rules and all funding board and RCO policies,and with the representations of the sponsor in its application for a grant as finally approved by the funding board x The funding board or the director may suspend or terminate the obligation to provide funding to the sponsor under this agreement A In the event of any breach by the sponsor of any of the sponsor's obligations under this agreement,or B If the sponsor fails to make progress satisfactory to the funding board or director toward completion of the project by the f completion date set out in this agreement Included in progress is adherence to milestones and other defined deadlines a In the event this agreement is terminated by the funding board or director,under this section or any other section after any portion of t the grant amount has been paid to the sponsor under this agreement,the funding board or director may require that any amount paid be repaid to RCO for redeposit into the account from which the funds were derived The funding board and RCO may enforce this agreement by the remedy of specific performance,which usually will mean completion of the protect as described in this agreement However,the remedy of specific performance shall not be the sole or exclusive remedy available to RCO No remedy available to the funding board or RCO shall be deemed exclusive The funding board or RCO may elect to exercise any,a combination of or all of the remedies available to it under this agreement,or under any provision of law,common law,or equity SECTION 40 NON-AVAILABILITY OF FUNDS If amounts sufficient to fund the grant made under this agreement are not appropriated by the Washington State Legislature,or if such s funds are not allocated by the Washington State Office of Financial Management(OFM)to RCO for expenditure for this agreement in any biennial fiscal period,RCO shall not be obligated to pay any remaining unpaid portion of this grant unless and until the necessary action by the Legislature or OFM occurs If RCO participation is suspended under this section for a continuous period of one year, RCO's obligation to provide any future funding under this agreement shall terminate Termination of the agreement under this section is not subject to appeal by the sponsor I ) SECTION 41. TERMINATION FOR CONVENIENCE ) Except as otherwise provided in this agreement, RCO may,by ten(10)days written notice, beginning on the second day after the mailing,terminate this agreement,in whole or in part If this agreement is so terminated,RCO shall be liable only for payment required under the terms of this agreement for services rendered or goods delivered pnor to the effective date of termination k a ) Salmon Project Agreement-RCO#10-1125P Salmon Funding Accounts Chapter 77 85 RCW,Chapter 420 WAC Page 13 of 14 PROJAGR RPT SECTION 42 DISPUTE HEARING Except as may otherwise be provided in this agreement,when a dispute anses between the sponsor and the funding board,which cannot be resolved,either party may request a dispute hearing according to the process set out in this section Either party's request for a dispute hearing must be in writing and clearly state A The disputed issues, B The relative positions of the parties, C The sponsor's name,address,protect title,and the assigned project number In order for this section to apply to the resolution of any specific dispute or disputes,the other party must agree in whiting that the procedure under this section shall be used to resolve those specific issues The dispute shall be heard by a panel of three persons consisting of one person chosen by the sponsor,one person chosen by the director,and a third person chosen by the two persons initially appointed If a third person cannot be agreed on,the third person shall be chosen by the funding board's chair Any hearing under this section shall be informal,with the specific processes to be determined by the disputes panel according to the nature and complexity of the issues involved The process may be solely based on written matenal if the parties so agree The disputes panel shall be governed by the provisions of this agreement in deciding the disputes The parties shall be bound by the decision of the disputes panel,unless the remedy directed by that panel shall be without the authority of either or both parties to perform,as necessary,or is otherwise unlawful Request for a disputes hearing under this section by either party shall be delivered or mailed to the other party The request shall be delivered or mailed within thirty(30)days of the date the requesting party has received notice of the action or position of the other party which it wishes to dispute The written agreement to use the process under this section for resolution of those issues shall be delivered or mailed by the receiving party to the requesting party within thirty(30)days of receipt by the receiving party of the request All costs associated wth the implementation of this process shall be shared equally by the parties SECTION 43. ATTORNEYS'FEES In the event of litigation or other action brought to enforce contract terms,each party agrees to bear its own attorney fees and costs SECTION 44 GOVERNING LAWlVENUE This agreement shall be construed and interpreted in accordance with the laws of the State of Washington In the event of a lawsuit involving this agreement,venue shall be proper only in Thurston County Supenor Court The sponsor,by execution of this agreement acknowledges the junsdiction of the courts of the State of Washington In the cases where this agreement is between the funding board and a federally recognized Indian Tribe,the following governing law/venue applies A The State of Washington agrees that it shall initiate any lawsuit against a federally recognized Indian Tribe ansing out of or relating to the performance,breach or enforcement of this agreement in Federal Court Interpretation shall be according to the law of the State of Washington In the event that the Federal Court determines that it lacks subject matter jurisdiction to resolve the dispute between the State and Tnbal Party,then the parties agree to venue in Thurston County Superior Court,but the parties agree that the matter shall not be pursued in superior court unless there is a Federal Court determination that it lacks subject matter junsdiction B Any judicial award,determination,order,decree or other relief,whether in law or equity or otherwise,resulting from the action shall be binding and enforceable on the parties Any money judgment or award against a Tribe,tribal officers and members,or the State of Washington and its officers and employees may exceed the amount provided for in Section F-Project Funding of the Agreement in order to satisfy the judgment C The Tribe hereby waives its sovereign immunity as necessary to give effect to this section,and to the implementation of any judgment This waiver is only for the benefit of the Tribe and State and shall not be enforceable by any third party or by any assignee or delegate of the parties In any enforcement action,the parties shall bear their own enforcement costs,including attorneys'fees SECTION 45 SEVERABILITY The provisions of this agreement are intended to be severable If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the agreement Salmon Project Agreement-RCO#10-1125P Salmon Funding Accounts Chapter 77 85 RCW,Chapter 420 WAC Page 14 of 14 PROJAGR RPT Salmon Program Federal Recovery Projects Post-Evaluation Project Summary II TITLE: Mill Creek Conf/Green River Design NUMBER 10-1125 s TYPE (Planning) STATUS Board Funded SPONSOR: City of Kent EVALUATION SCORE BOARD RANKING COSTS. SPONSOR MATCH: Salmon Federal Projects $200,000 100% Total $200,000 100% DESCRIPTION' y This project is identified in the WRIA 9 Green/Duwamish and Central Puget Sound Watershed Final Salmon Habitat Plan-August 2005 as a priority project, LG-7, Lower Mill Creek A preliminary design project was previously funded by SRFB for Feasibility and 30%Design, project#05-1519, and was completed in February 2009 This project request is for Final Design and permitting of the Mill Creek Confluence/Green River Restoration Project The purpose of creating off-channel habitat in the Green River near the confluence of Mill Creek is to increase floodplain refuge habitat for Chinook and other salmonids,enhance riparian habitat and to restore floodplain functions In order to restore floodplain functions, the project will create a side channel off the Green River east of the confluence of Mill Creek A bench is proposed at the mouth of the side channel to provide low-water salmonid habitat The final design will include the removal of invasive plants, native riparian planting plan including more diversity and density The upland portion will include trees and shrubs Final design will address size and location of log structures, snags and brush piles, sedimentation and potential creation of a more natural sinuous side channel Coho and Chinook salmon, cutthroat, steelhead and bull trout populations still make extensive use of Mill Creek, the only major tributary to the Green River between Soos Creek-Auburn and the mouth of the Duwamish River that provides unrestricted } salmonid access LOCATION INFORMATION: King County LEAD ENTITY ORG: WRIA 9 LE(King County) COUNTY King WRIA Duwamish-Green(9) SCOPE(WORK TYPES) Cultural resources Habitat surveys Final design and permitting SALMON INFORMATION ('indicates primary) i Species Targeted Bull Trout Cutthroat Chinook Salmon-Puget Sound ESU Pink Salmon-Odd year ESU j Chum Salmon-Puget Sound/Strait of Georgia ESU Steelhead-Puget Sound DPS Coho Salmon-Puget Sound/Strait of Georgia ESU Habitat Factors Addressed Biological Processes Riparian Conditions Channel Conditions Streambed Sediment Conditions Floodplam Conditions` Water Quality Loss of Access to Spawning and Rearing Habitat Water Quantity FISCAL YEAR- 2011 DATE PRINTED February 24, 2011 i 1 PAPSUM7 RPT Mill Creek Conf/Green River Design 61 h I Eligible Scope Activities Project Sponsor, Kent City of Project Number- 10-1125 Project Title: Mill Creek Conf/Green River Design Project Type Planning Program- Salmon Federal Projects Approval 12/10/2010 Planning Metrics Worksite#1, Leber Homestead Targeted salmonid ESU/DPS Chinook Salmon-Puget Sound ESU, Chum Salmon-Puget Sound/Strait of Georgia ESU, Coho Salmon-Puget Sound/Strait of Georgia ESU, Pink Salmon-Odd year ESU, Steelhead-Puget Sound DPS Bull trout, cutthroat Targeted species(non-ESU species) Bull Trout, Cutthroat Area Encompassed(acres) 86 Design for Salmon restoration Final design and permitting Name of Plan Feasibility Study&30% Design-Confl of Mill Creek&Green River Restoration Project-see note Feasibility Study and 30 Percent Design Confluence of Mill Creek and Green River Restoration Project Kent, Washington February 2009 Prepared for the City of Kent Prepared byAMEC Geomatnx, Inc 3500 188th Street SW, Suite 600 Lynnwood, WA 98037-4763 425-921-4000 Description of Plan Final Design-Confl of Mill Creek& Green River Project-see note ELIGREIM RPT February 24,2011 Page 1 Eligible Scope Activities A Project Description The Mill Creek/Green River Restoration Project is the creation of side channels and an overwintering pond to increase access to floodplain habitat for Chinook and other salmonids and to restore floodplain functions The lower quarter mile of Mill Creek is deeply incised and ' no longer connected to its floodplain In order to restore the floodplain functions, the project will create a side channel and winter pond complex Additional phases of the restoration project will include removal of invasive plants down to the bottom of the roof zone, native riparian re-vegetation, and installation of woody debris structures Hydraulics and soils studies are required to determine feasibility of connecting the side-channel to the mainstem of the Green River, examine the issues of sedimentation, and maintenance of the channel/pond, and the potential for re-using excavated material on site As the project site was an orchard prior to 1969, soil chemistry must be tested to ensure the soil can be re-used on site This will also include investigating the feasibility of wasting spoils along the SR 167 ROW which would provide a larger area for flood inundation The feasibility study will also include hydraulic and geotechnical analysis of the banks of Mill Creek and the Green River on this site, and the feasibility of reshaping and restoring the banks to provide stability for the restoration of fish habitat through this reach 8 Project Works Tasks 1 Soil chemistry tested to ensure soil can be re-used on site, assess soils and slope stability on both Mill Creek and Green River 2 Soil study to assess on site soil conditions that would effect design and/or feasibility of this project 3 Hydraulics study to determine the feasibility of connecting a side channel to the mainstem of the Green River, examine issues of sedimentation and maintenance of the channel/pond 4 Hydraulic and geotechnical analysis of the banks of Mill Creek and the Green River and the feasibility of reshaping and j restoring the banks to provide stability for restoration and enhancement 5 Analysis of biologic benefits for salmonids and other wildlife species, life ELIGREIM RPT February 24,2011 Page 2 Eligible Scope Activities stages and time of year with focus on salmonlds 6 30%design of project proposal for the Mill Creek side channel The feasibility study presented an analysis of the original proposed project and the conceptual design for an alternative restoration project based on results of project-specific field investigations conducted byAMEC Geomatnx, Inc In the revised design, the side channel connects directly to the Green River, and the mouth of Mill Creek is altered to enhance fish passage The channel will extend onto the site to the south A bench would be created at the mouth of the proposed side channel around elevation 19 to 20 feet to provide low-water habitat The revised design provides almost continuous access for juvenile salmonlds to increased low-water rearing habitat in comparison to the original concept of a side channel off Mill Creek It provides for an increase in potential wetlands area overall habitat area, floodplain storage, and better opportunities for riparian habitat enhancement Salmonid Habitat Assessment/Inventory Habitat surveys Acres of habitat assessed 75 Low Water Habitat Area-0 9 acre Quality of Low Water Habitat-Good Frequency of Low Water Habitat Availability-About 100% Total Area Near Habitat Features-3 acress Wetland Area-2 1 acres Floodplain Storage- 1 5 acre food Accessibility to Green River-Direct Amount Of Habitat Assessed That Needed Restoration 75 Type of Habitat Assessment Floodplain mapping, Forest inventories, Invasive species, Overall watershed condition assessment or mapping, Riparian condition, Stream typing, Upland habitat conditions, Wetlands Cultural Resources Cultural resources ELIGREIM RPT February 24,2011 Page 3 a Milestone Report By Project ; '1 Project Number: 10-1125 P Project Name. Mill Creek Conf/Green River Design Sponsor: Kent City of Project Manager- Marc Duboiski x Milestone Target Date Comments/Description Project Start 12/10/2010 RFP Complete/Consultant Hired 05/01/2011 i Progress Report Submitted 06/30/2011 r Annual Project Billing 07/31/2011 Applied for Permits 08/30/2011 r I Cultural Resources Complete 12/01/2011 Draft Design to RCO 0111512012 Final Design to RCO 05/31/2012 Special Conditions Met 05/31/2012 i Agreement End Date 06/10/2012 Permits Complete 09/01/2012 Final Billing to RCO 09/10/2012 Final Report in PRISM 0911012012 r 4 X=Milestone Complete 9 I=Critical Milestone s 1MILESTO RPT February 24,2011 Page 1 Press Release Template Kent City of offered grant to develop a plan or assessment for salmon recovery. (Kent)-Kent City of was awarded a grant of$200,000 00 from the Salmon Program The grant was awarded by the Salmon Recovery Funding Board(SRFB), and will be used for the following Kent will use this grant to complete the final design and get permits for a project to create off-channel habitat in the Green River east of its confluence with Mill Creek The off-channel habitat will increase floodplain refuge habitat for Chinook and other salmon species, enhance riverbank habitat and restore floodplain functions A bench is proposed at the mouth of the side channel to provide habitat for salmon when the river is low The design also will include a plan for removing invasive plants and replanting the area, as well as information about the size and location of log structures, snags and brush piles, sedimentation and potential creation of a more natural sinuous side channel Coho and Chinook salmon,cutthroat, steeihead and bull trout use of Mill Creek,the only major tributary to the Green River between Soos Creek in Auburn and the mouth of the Duwamish River,that provides unrestricted fish access There were ninety-four applications submitted for consideration in the Salmon Program Each project went through an evaluation process prior to being recommended for funding The SRFB Board approved funding for projects on Friday, December 10,2010 Funding for the Salmon Program comes from funds administered by NOAA Fisheries Contact Michael Mactutis, (253)856-5520(sponsor project manager) Marc Duboiski, (360)902-3137, marc duboiski@rco wa gov(SRFB project manager) RECREATION AND CONSERVATION OFFICE FORM A-19 State of Washington INVOICE VOUCHER Agency Name Sponsor's Certificate I hereby certify under penalty of perjury that the items Recreation and Conservation Office and totals listed herein are proper charges for materials,merchandise or P O Box 40917 services furnished to the State of Washington,and that all goods furnished Olympia, WA 98504-0917 and/or services rendered have been provided without discrimination because of age,sex marital status race,creed, color, national origin,handicap, religion or Vietnam era or disabled veterans status Sponsor BY Kent CitV of 220 S Fourth Ave Kent,WA 98032-5895 (TITLE) (DATE) 7 Category 1 No expanded documentation required To Be Completed By Sponsor Project Number 10-1125 P Invoice# Billing Period This is a Final Billing? Project Name Mill Creek Conf/Green River Desiqn 1 From To Yes[ I No[ Previous�Xpenditures o Date Costs For This Billing Project Non-Reimbursable Non-Reimbursable CATEGORIES Agreement Expenditures Match Total Expenditures Match Total $0 00 Non-Capital Costs $0 00 Equipment $0 00 Non-Capital Total $200,000 00 $0 00 $200 000 00 $0 00 FUNDING& EXPENDITURE FORMULA For RCO Use ONLY Agrteinentlr4forrrtat2on °Ptev9oUs'RC•ORetn'kb+?rser(iajht8 Sponsor Total Billed RCO Federal Share Billed RCO SALMON FED PROJ 100 00000% $200,000 00 Share Approved Advance Balance Match Owed Balance Share Retained Share Paid Agreement Total 100 00000% $200,000 00 Match Bank ,Doc Lute ay Current Doe„No Ref Doc# " "' VehdarlNiumberl /ndor Message C SWV0000552-00 10-1125 P Tran Code Fund A Windex' Pro index hubObSuhSu6Qb` Project# Amount Imidilc�#ll• , 210 001 Q53 98104 NZ 1 Certification For Payment Project Manager/Date Release Final Pmt[] Division Supervisor/Date Accounting/Date 9 t Y V t I 1INVOICE RPT 5 11 11201 1 Current Funding REQUEST FOR MAYOR'S SIGNATURE KENTi Please Fill in All Applicable Boxes W n SH IN GTON Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Oi igtnator n d � _ ran Phone (Originator) �iS Date Sent �_13�1 ` Date Required Return Signed Docurnentto � CONTRACT TERMINATION DATE: VENDOR NAME: G. Or EF/y11e DATE OF COUNCIL APPROVAL: D +Uc iZCO Brief Explanation of Document r G«Y-) A reery evx+ -;r gy�A I �es��� p� +�� 1� 1 i�l Crae - (OT) l ue"c(, t� HIV Zf2. 5�of a� t ?ro -Ft-�-n �k��,e., `�0 �I��• �E� n All Contracts Must Be Routed Through the Law Department (This Area to be Completed Ba the Law Oepatmept) Received RECEIVE® '1=IaIC�r Approval of Law Dept APR 13 2011 t o Law Dept. Comments KENT LAW DEPT. ` ° 01 Ke7�, �e of the kjayor i Date Forwarded to Mayor Shaded Areas to Be Completed by Administration Staff Received- � � � p,17 r� Recommendations & Comments: I L� Disposition: �� i lL� / �%' f f?.�-y lJ-aj />2 Ctitc�ESr; --Yr Afo01k-'-- Date Returned- OF