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HomeMy WebLinkAboutCOW 2010-11-22 Item 4G - Grant Acceptance - Duwamish Gardens Site from WA State Salmon Recovery Funding Board for $197,299 COUNCIL AGENDA SYNOPSIS t oti ILA BG r �'Y,4s Initials ITEM No. O 4 w y 1 Meeting Date 1 Prepared by t i Mgy '�Rvzez I unczl review �a 3,� 11/22/10 1 I t w'e -.4 ,A 1 11/22/10 1 BG I J 1Ct11 1 908 I 1 ITEM INFORMATION CAS NUMBER. 10-138 1 ORIGINALAGENDADAI'I: NOVEMBER 22, 2010 AGENDA ITEM TI'T'LE Accept Washington State's Salmon Recovery Funding Board (SRFB) grant for Duwamish Gardens CATEGORY Discussion Motion 1 'Resolution 1 1 Ordinance 1 1 Bid Award 1 Public Hearing 1 1 Other Mtg Date 11/22/10 Mtg Date 11/22/10 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date 1 SPONSOR U Council Mayor Adm Svcs f l DCD 1 1 Finance n Fire U Legal 1 1 P&R Police NV SPONSOR'S A grant has been awarded to the Duwamish Gardens Project by Washington State SUMMARY Recreation and Conservation Office's Salmon Recovery Funding Board. The City acquired the Duwamish Gardens site in 2008 for future restoration as a salmon habitat site. SRFB has awarded this project $197,299.00 for design funding. Additional grant funding of $52,929.34 has been accepted from the King Conservation District. Council is being asked to accept the grant from SRFB. REVIEWED BY 0 COW Mtg n CA &P Cmte U F &S Cmte U Transportation Cmte Utilities Cmte U Arts Comm. 1 1 Parks Comm. U Planning Cornm. DATE: 11/09/10 RECOMMENDATIONS: SPONSOR /ADMIN. Public Works COMMIi unanimous Approval; Forward to Committee of the Whole Special COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: 301 PARKS (PG. 69, PROPOSED 2011 CIP) Comments: l MTG. DATE RECORD OF COUNCIL ACTION 11/22/10 11/22/10 MTG. DATE ATTACHMENTS 11/22/10 Informational Memorandum dated 11/02/10 Duwamish Gardens CIP page 69, Proposed 2011 CIP Salmon Project Agreement for grant funding North Wind's Weir Intertidal Restoration Project Article Minutes from the Utilities Committee meeting of 11/09/10 11/22/10 J/ 98 W 114 fly .J cam:: y a Jim Haggerton, Mayor 9 O6 INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Utilities Committee I FROM: Public Works Director DATE November 2, 2010 SUBJECT Duwamish Gardens Project No. 06 -DRO2 Grant Acceptance Washington State SRFB ISSUE Authorize the Mayor to sign a grant agreement with the State of Washington Salmon Recovery Funding Board (SRFB). BACKGROUND The City acquired the Duwamish Gardens site in 2008 for restoration as a salmon habitat site. Staff applied for design funding through the King Conservation District (KCD) and the Salmon Recovery Funding Board (SRFB). The KCD awarded this project $52,929.34 and the grant was accepted by Council on October 18, 2010 The SRFB has now awarded this project $197,299.00 and a grant agreement is ready for City approval. The SRFB sent a grant agreement to the City October 28, 2010 and requested that the City return a signed agreement to them by November 15, 2010. Staff discussed the City's approval process with the SRFB and was notified that the State's Office of Financial Management is mandating that all contracts be obligated by November 30, 2010 or funding could be reallocated ANALYSIS The design costs for this project are estimated to be $275,000 00 Design funding is anticipated to be budgeted from KCD with $52,929.34, SRFB with $197,299.00, and City revenue of $24,771 66 Design of the Duwamish Gardens project will include many challenges and is expected to be similar in nature to the work King County recently completed at the North Wind's Weir Intertidal Restoration Project located just down stream of this site We have attached an informative article on the North Wind's project. Duwamish Gardens design will include coordination with adjacent property owners, utilities, and Sound Transit, evaluating design alternatives, developing an artifact recovery plan, further testing for site contaminants, obtaining all required permits, and developing a design that is beneficial to salmon recovery while minimizing future maintenance needs RECOMMENDATION The Council is being asked to approve a grant agreement with the SRFB and alter the typical approval process by considering this item at the November 22, 2010 Committee of the Whole and the subsequent Special Meeting that same night. Attachments: CIP Sheet Duwamish Gardens (2011 Proposed) RCO Salmon Project Agreement North Wind's Weir Intertidal Restoration Project Article W 1PW Eng1PROJECTS\A- DR Projects106 -DRO2 (Duwamish Gardens)\Grantsllnfo Memo Grant Acceptance doc 9 9 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2011 to 2016 PROJECT: Duwamish Gardens Project No. 90630102 DESCRIPTION: Purchase and restore site as a salmon estuary and passive park. JUSTIFICATION: This project is included in the WRIA 9 Salmon Recovery Plans efforts to acquire and restore 20 -acres within the Duwamish estuary. STATUS: Property acquired in 2008. Design phase anticipated to begin in 2011 MAINT. IMPACT: Once site is restored, approximately 100 staff hours per year. uesign tunding from State salmon Kecovery hoard (SK -b) li, King Conservation COMMENT: District (KCD), and Puget Sound Acquistiona and Restoration. Acquisition grants included SRFB, WRIA 9 KCD, KC Conservation Futures. WA State Aauatic Lands and WA State Earmark. FINANCIAL Through Estimated (in $000's) 2009 2010 2011 2012 2013 2014 2015 2016 BEYOND TOTAL EXPENSES Design 128 12 275 415 Land (R/W) 1,979 14 1,993 Const. Mgmt. 10 200 180 390 Construction 6 70 1,000 900 1,976 TOTAL EXPENSES 2,113 106 275 0 1,200 1,080 0 0 0 4,774 FUND SOURCES Awarded Grant 1,617 471 250 2,338 Proposed Grant 1,200 1,080 2,280 Mitigation Actual 0 Mitigation Expected 0 REET 1 (1st Qtr Percent) 496 (365) 25 0 0 0 0 0 0 156 TOTAL SOURCES 2,113 106 275 0 1,200 1,080 0 0 0 4,774 Project Location s N oo� °ry Immoomm es �,I�� �e tees- Y Boe s 4 u S, A m y 1114t: e t o A 0 k t 1 61\ v N I I >1 2 S '9 1 1 P m6 III W 0000 0 5,2: -I! Im es t' tee -1,” GIs _1 ,_.s t 1 0 9)11 2016 Capital Improvement Program 69 WASHINGTON STATE Recreation and Conservation Office Salmon Project Agreement Salmon Funding Accounts Project Sponsor: Tukwila City of Project Number: 10 -1605P Project Title: Duwamish Gardens Estuarine Rehabilitation Design Approval Date: 10/7/2010 A. PARTIES OF THE AGREEMENT This project 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 Tukwila (sponsor), 6200 Southcenter Blvd, Tukwila, WA 98188 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 The subject project is described on the attached project summary D. PERIOD OF PERFORMANCE The project reimbursement period shall begin on October 7, 2010 and end on June 15, 2012. No expenditure made before or after this period is eligible for reimbursement unless incorporated by written amendment into this 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 for a 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 F. PROJECT FUNDING The total grant award provided by the funding board /office for this project shall not exceed $197,299 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 Dollar Amount SRFB Salmon Federal Projects 66.16% $165,544 00 SRFB Puget Sound Acq. Restoration 12.69% $31,755 00 Project Sponsor 21 15% $52,929 00 Total Project Cost 100 00% $250,228 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 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. Salmon Project Agreement RCO #10 -1605P Salmon Funding Accounts Chapter 77.85 RCW, Chapter 420 WAC Page 1 of 14 PR OJAG R. R PT 101 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. I. SPECIAL CONDITIONS For a final design and permitting grant, the project must following the following criteria, per SRFB Policy Manual #18, 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 NA1 0NMF4380435 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: Project Contact SRFB Name: Ryan Larson Recreation and Conservation Office Title: Sr Surface Water Mgt. Eng. Natural Resources Building Address. 6300 Southcenter Blvd PO Box 40917 Tukwila, WA 98188 -2544 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. Salmon Project Agreement RCO #10 -1605P Salmon Funding Accounts Chapter 77 85 RCW, Chapter 420 WAC Page 2 of 14 fOG2AGR.RPT M. EFFECTIVE DATE This agreement, for project 10- 1605P, 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 The signators listed below represent and warrant their authority to bind the parties to this agreement. City of Tukwila By: Date: Name: (printed) Title: State of Washington On behalf of the Salmon Recovery Funding Board (SRFB) By: Date: Kaleen Cottingham Director, Recreation and Conservation Office Pre approved as to form: By: /s/ Date: April 1, 2009 Assistant Attorney General Salmon Project Agreement RCO #10 -1605P Salmon Funding Accounts Chapter 77 85 RCW, Chapter 420 WAC Page 3 of 14 PROJAGR.RPT 103 WASHINGTON STATE Recreation and Conservation Office Standard Terms and Conditions of the Project Agreement Project Sponsor: Tukwila City of Project Number: 10 -1605P Project Title: Duwamish Gardens Estuarine Rehabilitation Design Approval Date: 10/7/2010 SECTION 1. CITATIONS, HEADINGS AND DEFINITIONS A. Any citations referencing specific documents refer to the current version at the date of project 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 project 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 project 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 development/renovation 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 projects 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. restoration /enhancement 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 -1605P Salmon Funding Accounts Chapter 77.85 RCW, Chapter 420 WAC Page 4 of 14 1Pt41AGR.RPT SECTION 3. ASSIGNMENT Neither this agreement, nor any claim arising 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 project 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 project, 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 project. 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 arising 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. Sponsor's obligation shall not include such claims that may be caused by the sole negligence of RCO, its officials, agents, and 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 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. 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 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. 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 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 this project in any release or other publication developed or modified for, or referring to, the project. B. Signs. The sponsor also shall post signs or other appropriate media at project entrances and other locations on the project 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 notify RCO no later than two weeks before a dedication ceremony for this project. The sponsor shall verbally acknowledge the applicable grant program's funding contribution at all dedication ceremonies. D. Federally Funded Projects. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing a project funded in whole or in part with federal money provided for in this grant, sponsors shall clearly state: 1 The percentage of the total costs of the project that is financed with federal money; 2. The dollar amount of federal funds for the project; and 3. The percentage and dollar amount of the total costs of the project that is financed by nongovernmental sources Salmon Project Agreement RCO #10 -1605P Salmon Funding Accounts Chapter 77 85 RCW, Chapter 420 WAC Page 5 of 14 PROJAGR.RPT 1 05 SECTION 9. COMPLIANCE WITH APPLICABLE LAW The sponsor will implement the agreement in accordance with 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 state 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 state 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 initiating 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.0 Sec. 9601(14); Salmon Project Agreement RCO #10 -1605P Salmon Funding Accounts Chapter 77.85 RCW, Chapter 420 WAC Page 6 of 14 yFtS AGR.RPT 4 Petroleum or petroleum products; and 5. Any substance or category of substances, including solid waste decomposition products, determined by the director for director's designee] of the department of ecology by rule to present a threat to human health or the environment if released 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 Chapter 70.105D RCW 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. 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 state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 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. 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. 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 right 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. Salmon Project Agreement RCO #10 -1605P Salmon Funding Accounts Chapter 77.85 RCW, Chapter 420 WAC Page 7 of 14 PR OJAGR. R PT 107 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 subgrantees 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 projects, 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 period 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 Retainage. 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 project 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. A final project 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 -1605P Salmon Funding Accounts Chapter 77.85 RCW, Chapter 420 WAC Page 8 of 14 .Ij.Q,iAGR.RPT 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), 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. SECTION 24. PROVISIONS APPLYING TO DEVELOPMENT /RESTORATION PROJECTS The following provisions shall be in force only if the project described in this agreement is for development/restoration 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. g 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 project as described to and approved by the funding board or RCO must receive prior 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 State Aquatic Habitat Guidelines (AHG) Program. The best management practices are described in three 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. 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 description 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. 0 Conveyance of Rights to the State of Washington. Document securing long -term rights for the State of Washington. When real property rights (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 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 -1605P Salmon Funding Accounts Chapter 77.85 RCW, Chapter 420 WAC Page 9 of 14 PROJAGR.RPT 109 1 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. G 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 -1605P Salmon Funding Accounts Chapter 77.85 RCW, Chapter 420 WAC Page 10 of 14 ¶9p GR.RPT g 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: 1 Obsolescence 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, state, and local laws and regulations, including public health standards and building codes. 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. C Be available for use at reasonable hours and times of the year, according to the type of area or facility 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 period cited in the agreement, unless precluded by state 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; 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. SECTION 29. PREFERENCES FOR RESIDENTS Sponsors shall not express a preference for users of grant assisted projects on the basis of residence (including preferential 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 -1605P Salmon Funding Accounts Chapter 77 85 RCW, Chapter 420 WAC Page 11 of 14 PROJAGR.RPT 111 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 project 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 project 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 arising 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 state 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 -1605P Salmon Funding Accounts Chapter 77 85 RCW, Chapter 420 WAC Page 12 of 14 c AGR.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 writing 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. 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. 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 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. 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 completion date set out in this agreement. Included in progress is adherence to milestones and other defined deadlines In the event this agreement is terminated by the funding board or director, under this section or any other section after any portion of 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 project 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 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 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 prior to the effective date of termination. Salmon Project Agreement RCO #10 -1605P Salmon Funding Accounts Chapter 77 85 RCW, Chapter 420 WAC Page 13 of 14 PROJAGR.RPT 11 SECTION 42. DISPUTE HEARING Except as may otherwise be provided in this agreement, when a dispute arises 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, project 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 writing 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 material 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 with 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 LAWNENUE 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 Superior Court. The sponsor, by execution of this agreement acknowledges the jurisdiction 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 arising 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 Tribal 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 jurisdiction. 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 -1605P Salmon Funding Accounts Chapter 77.85 RCW, Chapter 420 WAC Page 14 of 14 RR D4 GR.RPT Salmon Program Federal Recovery Projects Post Evaluation Project Summary TITLE: Duwamish Gardens Estuarine Rehabilitation Design NUMBER: 10 -1605 TYPE: (Planning) STATUS: Board Funded SPONSOR: City of Tukwila EVALUATION SCORE: BOARD RANKING: COSTS: SPONSOR MATCH: Salmon Federal Projects $165,544 66% Grant Local Puget Sound Acq. Restoration $31,755 13% Local $52,929 21% Total $250,228 100% DESCRIPTION: The City of Tukwila will create substitute shallow water habitat on a 2.16 acre site (and on adjacent WADNR aquatic lands) on the right bank of the Duwamish River immediately downstream of river mile 7 0 The site is in the high priority "transition zone" between fresh and salt water, which provides the appropriate range of salinities for juvenile Chinook and chum to transition to salt water Off channel and shallow water habitats in this stretch of the Duwamish will provide opportunities for juvenile fish to move out of the main channel to habitats where they can feed and rear. Longer residence times in the estuary allow for larger, healthier smolts prior to ocean migration. The property is among the largest remaining pieces of under developed sites for habitat restoration remaining in the Duwamish corridor When restored, it will be the largest off- channel habitat between the Codiga Farms restoration at RM 8 5 and North Wind's Weir restoration at RM 6 4 The new habitat will be created by excavating 55,000 cubic yards of material to establish approximately 2.0 acres of shallow water mudflat and marsh habitat and approximately 0 8 acre of uplands planted with native vegetation. The project will provide another viewpoint on the river across from the popular Green River Trail The viewpoint will include interpretive signs on the pre- contact use, historical, and ecological features of the site. The project is immediately below the Sound Transit LINK light rail bridge and viewed by thousands of riders each day LOCATION INFORMATION: King County LEAD ENTITY ORG: WRIA 9 LE (King County) COUNTY: King WRIA: Duwamish -Green (9) SCOPE (WORK TYPES): Final design and permitting SALMON INFORMATION: indicates primary) Species Taraeted Bull Trout Searun Cutthroat Chinook (Threatened (06/06))* Steelhead (Proposed Threatened (06/06)) Chum (Not Warranted (06/06)) Habitat Factors Addressed Channel Conditions Riparian Conditions Estuarine and Nearshore Habitat" FISCAL YEAR: 2011 DATE PRINTED. October 28, 2010 1PAPSUM7.RPT Duwamish Gardens Estuarine Rehabilitation Design 1 5 Eligible Scope Activities Project Sponsor: Tukwila City of Project Number: 10 -1605 Project Title: Duwamish Gardens Estuarine Rehabilitation Design Project Type: Planning Program: Salmon Federal Projects Approval: 10/7/2010 Project Metrics Project Planning Area Encompassed: 2.7 Project Restoration Targeted salmonid ESU /DPS: Chinook Salmon -Puget Sound ESU Planning Metrics Worksite #1, Duwamish Gardens Estuary Rehabilitation Design for Salmon restoration Final design and permitting Name of Plan: Duwamish Gardens Estuarine Rehabilitation Design Description of Plan. To be completed in the course of carrying out the grant. ELIGREIM.RPT October 28, 2010 Page: 1 116 Milestone Report By Project Project Number: 10 -1605 P Project Name: Duwamish Gardens Estuarine Rehabilitation Design Sponsor: Tukwila City of Project Manager: Marc Duboiski X Milestone Target Date Comments /Description Project Start 10/07/2010 RFP Complete 02/01/2011 I I Bid Awarded /Consultant Hired 04/15/2011 I Consultant contract executed. I I Progress Report Submitted I 06/30/2011 I I Annual Project Billing 07/31/2011 Cultural Resources Completed 08/15/2011 Cultural Resources Recovery Plan completed. Compliance with Executive Order 05 -05 I Draft Rpt Reviewed by MgmtAgy 09/15/2011 130% Design Plans. Draft Rpt Reviewed by Mgmt Agy 12/15/2011 70% Design plans, specifications, and construction cost estimate I I Progress Report Submitted I 12/31/2011 I I Final Report Completed 06/15/2012 Permit applications completed by 03/15/12. I Project Complete 1 06/15/2012 I 1 I Final Docs /Billing to Mgmt Agy I 09/15/2012 I X Milestone Complete Critical Milestone 1MILESTO. October 28, 2010 Page. 11 1 7 Press Release Template Tukwila City of offered grant to develop a plan or assessment for salmon recovery. (Tukwila) Tukwila City of was awarded a grant of $197,299 00 from the Salmon Program. The grant was awarded by the Salmon Recovery Funding Board (SRFB), and will be used for the following: The City of Tukwila will create substitute shallow water habitat on a 2.16 acre site (and on adjacent WADNR aquatic lands) on the right bank of the Duwamish River immediately downstream of river mile 7.0 The site is in the high priority "transition zone between fresh and salt water, which provides the appropriate range of salinities for juvenile Chinook and chum to transition to salt water Off channel and shallow water habitats in this stretch of the Duwamish will provide opportunities for juvenile fish to move out of the main channel to habitats where they can feed and rear Longer residence times in the estuary allow for larger, healthier smolts prior to ocean migration. The property is among the largest remaining pieces of under developed sites for habitat restoration remaining in the Duwamish corridor When restored, it will be the largest off channel habitat between the Codiga Farms restoration at RM 8.5 and North Wind's Weir restoration at RM 6.4 The new habitat will be created by excavating 55,000 cubic yards of material to establish approximately 2.0 acres of shallow water mudflat and marsh habitat and approximately 0.8 acre of uplands planted with native vegetation. The project will provide another viewpoint on the river across from the popular Green River Trail. The viewpoint will include interpretive signs on the pre- contact use, historical, and ecological features of the site. The project is immediately below the Sound Transit LINK light rail bridge and viewed by thousands of riders each day There were twenty -two 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 Thursday, October 7, 2010 Funding for the Salmon Program comes from funds administered by NOAA Fisheries Tukwila City of will leverage local contributions totaling $52,929.00 with grant monies to implement the project. Total estimated project cost is $250,228.00. SRFB is the state's administrator of the grant program. Contact: Ryan Larson, (206) 431 -2456 (sponsor project manager) Marc Duboiski, (360) 902 -3137, marc.duboiski @rco wa.gov (SRFB project manager) 1 18 1 V' Ci ri 'T4 \X 7 i f t A 1_,, i RcsR Oi F arr ect rv^ °Ott the Water Resource Inventory Arca TiA 4 K", i Wa tershed Ecos stem F Drum, whit -w fi S :::'4'...---.4.11,w''''' z f -F Y y 4'7: includ rep rescntatives f rom 17 Iocs G>' i,R �l i_ i l M l4 Ar,. y i -f S y;r�' s i ��{tx lr jurisdictions located within the v,�arershed i;=•� -4`- .y t'. Location h the project is located along the ease s �j at r ern hank of the Duwamish River l'e Y .f j approximately River Mile 6 2, south c s— a x 4 r :t 5 a y' 4 �4 Seattle within the Cit} of '1'ulcwil ie r 1 t 3 Washington. T1 1te project area encotnpas; t i t 4 fit' es appr -1 ttely 4 acres of river bottor t n tr 7:-.....-,7:'..-:=, K x, and upland, border on t west by th 3 5 Duwamish River, to the trot th by a high x r t c i�'�'� ,�,.A, OW tension powerline corridor, to the cast h Y-�= z 4 .9,'' an existing light industrial facility, and t the south by South 112t}i Street. A Hate r 3 ral rock weir, locally known as the Nort Wind \Xteir by local Indian tribes, i located just off the southwestern corner c r tl it oject site. The natural weir creates p small series of rapids 00 falling tides at th Site conditions at high tide prior to construction. Area outlined in red contains the location. "I'hc weir also restricts salttvarc King County and the Washington State DNR properties which includes the intertidal intrusion into upriver areas except Burin high tides and low stream flows. In add areas extending west into the river. lion to giving its name to the restoratio ing County Department of Natural porrant to the recovery of depleted salmon project, the weir serves to protect elemen[ Resources and Parks in partnership populations in the Pacific Northwest. of the created off channel habitat froi with the U.S. Army Corps of Engi- The restoration was undertaken as high flows and /or sediment depositio ricers (USACE) and the Washington State part of the Green- Duwamish Ecosystem that could impact the site. Department of Natural Resources complet- Restoration Project (ERP), a ser of 45 dis- The Green /Duwamish R i v e cd construction of an intertidal restoration crete projects intended to restore and Watershed drains an area approximate] project on the lower Duwamish waterway enhance aquatic habitat conditions across 492 square miles of western Washingro within the City of Tukwila, Washington the 492 square mile Green Duwamish with the mainstem flowing 93 miles riot in April 2010 The project was designed watershed in Puget Sound. The ERP is a the Cascade Mountains 30 miles northea; to create approximately voluntary program of Mount Rainier to Puget Sound t acres oCoff- channel, managed by USACE Elliott Bay in Seattle. The Duwamis shallow water resting and �rtht,S eS h and tribal, county, River makes up the lower 11 miles of th rearing habitat in the and city partners that system and flows through intensely deve h bee l de n t l f i ed Duwamish River estu- r e i tat oped residential, commercial and industr a- erf is ly lmp encourages habitat ary This created estuarine restoration by shay- al lands. to t recovery o habitat provides a `transi- in g the costs of these The watershed supports eight sped( cone where young s projects with local of salmon and trout species includin Pacific salmon complete 'p =>!n the partners. Although Chinook salmon as well as steelhead an the process of transform- f ae! r�Nortnwestr; not directly involved bull trout. All three of these species ai ems.-. s,v� ing from the freshwater 5-- in the design or con- li sted as threatened" species undei th phase to marine phase of struction, the project Endangered Species Act. In 2007, th their complex life history "lhis estuarine also was identified and promoted by a Puget Sound Salmon Recovery Plan lai habitat has been identified as critically irn- local watershed planning group known as out a road map rot recovering the healt 1 19 tat available to the "transition zone Legend between fresh and salt water that is needed ir eves for juvenile salmon to prepare for life in Watershed brntndaries N, i .S llic ocean. va Duvran ish Green River t (3 Central Puget Sound I s r- Project Objectives S I. The primary goal of the project was to restore important estuarine habitat within the lower Dtnaamish River, where juvenile salmonids have the opportunity to feed, rest, shelter, and adapt to salt 1 crc ?.o. water prior to heading out to the ocean. eeh,a North Wind's Wefr' More specifically', the project objectives were to enlarge the available off channel L habitat within the estuarine transition l i >i i;f, V. zone of the Duwatnislr River, expand and enhance intertidal mudflat and brackish marshes and improve riparian vegetation 1 communities, The limited availability of "'I' f these transitional habitats has been identi- fled as a significant limiting factor in the Jr" recovery of threatened salrnon species for j the watershed. Resto of this impor- ti j tant habitat was therefore identified as a r priority in the Salmon Recovery Plan na,,.r t _J developed for the Green Duwamish "ii Watershed as a whole and folded into the 2007 Puget Sound tl Wi i A Salmon Recovery Plan. N t V i Project Partnership and F',,,,rli w`�- e Th project occurred through rJ5 A r 4 a local- federal partnership. King 5 44 .ri s., County designed the project and o 1 z sr managed the soil cleanup phase 1' and the U S. Army Corps of Above: Vicinity map. Inset: Duwam Engineers managed the final rin- River looking downstream at low tide �r >r g g prin s IO. cipal construction phase. King during spring high flows. The pre project 45-4 site is partially visible in the right half o$ �r C ounty and People For Puget the photo, s f F as.,, Sound, a non- profit group, are =or� managing the post construction planting and stewardship activi- of the species. Lhcluded in that plan was and numerous tributary streams. Within ties. In the mid- 2010s, the site the North Wind's Weir estuary restoration. this diverse environment, juvenile salmon will be turned over to the City of Tukwila migrating downstream from what was to become part of the city's park /natural Project Background then a 1,600 square mile watershed (two lands system. Despite the highly urbanized setting, major rivers have since been diverted to The costs were shared on the 35 -65 the Duwamish remains a critical link other estuaries) had abundant opportuni- local federal match basis. Local funding between the productive salmon spawning ties to rest, feed, and acclimate to brackish came from a partnership including King areas of the upper Green- Duwamish basin water before heading out to sea. Over County, the Cities of Seattle and Tukwila, and the ocean where the salmon spend the time, the intertidal areas were filled, tribe- the King Conservation District, the Elliott majority of their lives. Prior to European taries were piped and /or made inaccessi- Bay /Duwamish Restoration Panel, and settlement beginning in the 1850s, the ble, and the Duwamish channel itself was Washington State. lower Duwamish River was an expansive dredged and straightened to facilitate port estuary with a complex mix of habitat development and industrial use of the Design types, including tide flats and intertidal adjacent land. What remains is a fairly The North Wind's \X/eir Intertidal wetlands, as well as various channel forms uniform channel sorely lacking in habitat 'Restoration project was designed to create such as large meanders, braided channels, diversity, with very little off channel habi- approximately three acres of off channel, 120 shallow water rerun and rearing h ter, -4' za: i_f._ t he )uwa River `tr z y_ rt r I Y q77, 7._, -1 =,-=ter �scnti, l for salmon rea>v This was to E� be accomplished by excavacing fill material 3 in fro in a va Ca 11[ Incl US 11111 st CC aCII1CCnt t o ry u A9t f r 3 y the r iver to establish clevatiotts that svou }d be subject to regular tidal influence and bn subject i ct anc{ connected :Nov the river via v' {t an inle chao The n marsh and -F., muclRat habitats �a•ere intende to c onnect r. l to and expand upon a small marsh /Hur a flat complex abutting ills site (within t he x t a 1 ivci m anaged b t he Washin rtat State n� 6 fi=t ff Y Dep of N atur al Resources f y (ik/DNR). The total project area, u rce o 4 ,4 f_ g r Y in the WDNR property is roughly 4 acres. n s �r fi ,1 t r,. a r 1 he project c icsign involved the 7 removal of 365 feet of shoreline protection's r ti� 3 i�� rr along with roughly 65,000 cubic yards of i x Y -t soil, fill, and construction debris. The H y:} i� '��xs_ Y interdisciplinary design team originally considered three alternatives that edge of the project differed (February 2 ®9 photo at high tide shows :eh poatable dean is�latiesn systesta itt in the depth and volume of excavation, ealmng the during phea wok Pumps at ee�ch esazl ©$the bearvie the tnclusiatl of a Row through or single pumped see page back into the elver. connection channel to the river and the location of the out to the river. In the ately below the natural rock weir. The ;elf- Rushing process is intended to reduc final design, the team opted for the deep outle c hannel was designee{ ro connect to the l of a natural sill forming th; est excavation and a single outlet located the scour pool to talcs advantage of t he c cre a s hallow pool where luvenii in the southern half of the site that world existing river dynamics to help hush sedi s alm o r i d s cou he napp and ex ose p connect to a persistent scour pool immedi_ meat out of the connection point. This ro high water temperatures clue to sol< t:. The argest sQlecto�i% o�f site A a adapted see d t o th w est 4": One stop J 111 sewice suppli for F G ras ses •Turf gr asses Wtldflowe s Shrubs &Trees Covei clops Legumes r. f xs Etoston control blankets I COATING SILT CONTAIN BOOMS G liaunel liners Manufactured to dour spe Tackiftet s Mulch 141eets of exceeds. most state requirements s ,,6, 8,or 12'.diarneter flotation z t� 22 of higli visibility PVC Floatation cover t r 3 t Permeable or Impermeable varieties Skirt depots from 3 ft to 60 ft d r BP ©GE(TON EQUIPMENT /SPILLDAM, INC: f l i N TH =�r! Ask f or our tre c a ta log Envitonruental Pro Systems" ,te 801) 76$ 4422 Y `sY P0 960 B rcc{ d an, PdA 02303 1 T rarxr s,,rezu �j fi 1� 7 6$ =;39G7 I Fas 50 83 5 231 7 r fnfor1'spi!darn.ccm Ot U IS 4 32 :,2,,.:,,,,x, ar g a 121 _,,4. a tidal channel, Ilooduig the muclflat and marsh areas. t higher tides, wat also x r enters the site actors the peninsula ,toil K c f p 71 3 inundates the entire site. "l he slopes and e sz �rw i s elevations to des for the mudflats E 4 `r an mars to d rain completely at the l o`v 4 fi', ��Y est t b ut t he connection channel as .u� ;:r31:17-;"--: f3 intended to remain filled except for 1- 3 4 r c exuenl low tides. "l•he project created Ott} s approximatel 1 66 acres of shallow inter fi f 4!.� t habit dotin an average high tide r3 ``mss and 0 72 acres during an average low tide. c sn .T. ,t--, ue �as� �.z d -g3 -ter k. -2 Pel'lll 1. l. L'e llll'2n1e11 tS f��.; Construction o this type of project F �°T triggers permits Irom numerous federal z" 2 1 �-4 state and local tegulau }ry agencies. Th ie -5 re Army Corps of Engineers was responsible for obtaining all federal per �W�a 3 z ,tz m its ,Heil app rovals while King Cou nty ,r s. Af ,4 s r h x Y x� s t r �'u was rec aired to obtain all state and local March 2009 photo at low tide shows the project site during the final stages of permits '111c following regulatory pro Phase 1 soil remediation efforts. The river bank is covered with coir fabric to prevent cesses and approval w er e necessary to erosion and to stabilize the bank until Phase II construction, construct the project: heating. le outlet channel is wide based associated marsh downstream was left National Environmental Policy Act on su r v eys of earlier restoration projects undisturbed as a peninsula between the compliance via project specific that showed fish use higher in sires with new habitat and the river Environmental Assessment; larger versus smaller openings to the main On in- corning tides, the site was Section 106 of the National Historic channel The natu deposition area and designed to fill with water through the Preservation Act, ion Iwo -ofto O titrO L'i u K F 3 ''tom a 3 f yr' S :ice Y .'j am 'T 3 t� r U se CABLE CONCRETE ford y ti B oat Ramps 7 Pipe Line Protection r Low Water Crossings y -4, s J Stormwater Culvert Outlets 4 3 ��r, Dams r�• x�, Tw 4S- t, p j' rk e r x `mss ,-4 r y ,11- A�,d?oao Slope Protection 3 -r,g Channel Lining 1 4- Lakeshore Protection t Landfill Dra S illwa Protection Streambank Stabilization q "�onfacf us today for the closest t r- Y9'< y d istribufor o ou" F S s Dealer lnqu,ries W s `-9 6 e p-, a D i 4 i ft y �iE.� n. E t 0 c 8, to 3,�€ L i iu G- 6 -z-� a.. .5:,�. �F'r 122 ,t c with Phase 1 being undertaken by Kim t .L Count Phase I included removal 0 t y l T :,?j" `f :em roughly half of the historic fill materia placed on the site along with low love r' contaminated materials (soil contaminate( ter r`� ss 1 oil an diesel) that were disc overe( f} on site Phase II of the �ro'ect construe -.f .r 1 1 ✓f r s t y .r 'i ;.(n is c_ -v2 �..�-r �s r s' iron, undertaken by USAGE, include( F' j a p T removal off the remaining fill material r s Fw..� f installation of logs as habitat features, ant i y f v j rcconncctin the site to the Dusvamisl s i p� l y' Legend River Y r 4.r f a Construction of Phase 1 began it C rea t ed Veg. Zones 2008, but was extended into 2009 whet T i t"pi Er., soils tainted with oil and diesel were c -4 4 u :4 �JisKi} y r ..y ,,.k. is l r m dis r 4 covered to extend well beyond previou I ry -�,1 ,t -te f F AT, 0T estimates into a large section of the exist w 1z:- 'V 'H ing river bank The expansion of Phase Above: Graphic reflects expected inundation at mean higher high wafer (MI-11-1W) required revised permits to allow work it Below: Graphic reflecting expected inundation at Mean Lower Low Water (1`eILLW) the river and a cofferdam type structure o isolate the work arca from Rowing ware and inundation related to the tides. 1 5'� large, portable dam syste m was use( 3 4 W t instead of a traditional coffer dam tc x W 4. ,r� accommodate the large tidal fluctuation. 3 found at the site. The use of this systcn v'��r r 6' r'� also minimized the impacts on the existin :-:ir 1 47x y marsh and mudflat adjacent to the river ti o b an k he isolation dam consisted of serie, fi g tea° ,,,_r �r T w I of independently placed 10 foot tall stee gi g Y L frames designed to support an imperviote r °a r 0 P'',' °°"'Y fabric covering the rive, side of di( 1 m.a-�,•t�„( frame. The frame was installed in stnal r Created Vug. Zones z i *,i �t A sections using a mobile crane operatin I ,z; t L. -,,,>n, a from the shore. Trained installers fron s, r? ,°o Foot, °T a the supplier, Portallam, assisted Kin -r t 4 County crew members in setting and con netting the frames together, deploying th( Section 404 Clean Water Act Although obtaining permits even for fabric and keying the toe of the fabric inrc Nationwide authorization; restoration projects can be time consum- the substrate a minimum of 10 feet (ion- Section 401 Clean Water Act Water ing and a challenge of its own, permitting the base of the frame. A line of sand bag: Quality Certification; for this project was less onerous because of was then placed along the outer edge 01 Endangered Species Act consultation the extensive planning and coordination the fabric to keep it in place. lnstallatior with both U.S Fish and Wildlife effort undertaken by the project pal triers of the isolation system took roughly foul Service and NOAA Fisheries; and the WRIA 9 Watershed Ecosystem days. The weight of the water on top of State Environmental Policy Act com- Forum partnership Having an adopted the fabric and against the frame held the pliance via an Environmental restoration plan, acceptance from local dam in place. Pumps were used to remov< Checklist; jurisdictions, and cooperative reviewers groundwater and /or seepage 0 om under Hydraulic Project Approval by shortened what could have been a much the installed harrier Use of the isolation Washington State Department offish more difficult and costly endeavor system allowed the project to complete and Wildlife; Permitting agencies, particularly at the Phase I construction outside of the normal Public Works Construction Permit, City of Tukwila, made every effort to help summer construction season and without Shoreline Substantial Development streamline review while still ensuring corn- regard for tide cycles that normally would Permit Exemption and Tree Removal pliance with all requirements have inundated the construction area. Usc permit from the City oflulcwila, and of portable dam structure rarher than a Sire Alteration Permit issued by the Cons'truesion sheet -pile cofferdam or equivalent alsc King County Parks Division (site owner) The project was constructed in phases minimized impact in terms of physical 1 23 disturbance and tutbtdity +o the existing ever, the team was able keep the project description of the Phase II effort will be intertidal habitat. moving forward despite numerous WWII- featured in the November /Dectruber issue With the isolation dam in place, the ticipated obstacles At tlu_ end of the of Land and Water. L &W contaminated soil extending into the bank Phase I effort, the team was able to of the river was removed along with tons remove approximately 30,000 cubic yards by jozz f/ inse,z of concrete rubble used by the previous of non native debris and tainted so il an d owner as rip rap facing All totaled, the clear the way for the const of the Project location- Phase I effort resulted in removal of over intertidal marsh and mu at habitat that Latitude: 47.50336 �rL� 30,000 cubic yards of contaminated soil, had been the original goal. Longitude: 122.2957 Phase II construction involved final f -3 g of the off channel habitat, installa Jon Hansen is re senior ecologist and I h the Isol7411011-'.6141151711* tion of habitat fcatutcs including huge ry n. project nzarza cr with Kin Count y Water pla�e he eor�tammated J b g° 1 I 8 g -4 t wood, stabilization of the slopes and and Land Resources Division. He can be so li eXten planting native vegetation. A detailed reached at Jon. Hatnenfrokingcounty.gou. £Into the bank of the river as removed along with ri g, r tons�of concrete s L'_`�. .roc ^ax. -,,.r t�. 'xk z.,- '`�x..K, -may �-u a foundry slag, bricks, scrap metal and mis W a a cell aneous construction /demolition debris. f- "toward the end of the remediation effort, B ERHAS�VE1/ERBEE( the remaining bank was irregular, unstable wit mo t r and }ow enough to allow water to freely f t flow into thc main body of the site. r z rt r y Fi Although tempting, the cost of maintain- f -f v it ing the isolation dam in place until Phase x y II construction was prohibitive due to the eight -month separation of the completion -_,Y of Phase I and the beginning of Phase II construction. To keep the site isolated from river and stabilize the site as a whole, suitable soil retraining on site was used to "'4 construct an earthen berm between the r 1 river and the disturbed site. The berm r n was built with compacted lifts, a 15 foot may 7 t top width and minimum of 2 to 1 (V:H) 63 side slopes faced with coir fabric to pre- k l i -t r s vent erosion Rock salvaged from thc fat- fz P e J ti ing was also placed along the riverward toe r to increase stability. ,gir Despite daily tidal fluctuations, the r slopes showed no sign of failure between %44i the two construction phases. a Completion of Phase 1 construction ���z �;1 l y -.4' ,g 4 "�F was a major accomplishment for the local fY a {t rr :g p g g �e i sponsors and made final construction in r i0.� ep .0-1g s�u p w, -(1 e ,j 1, ree 4 tj :1 partnership with the US Army Corps of P,,.., e 4 s 't I t E'er s a Engineers possible Although the design 4 t ectWe o_Aa i eigSs tTIITT 1 Ip� v team had .substantial experience in restora- tion design and construction, the combi- rk -_4 nation of contaminated soil, unpredictable fcirsi andSe Whys! 3 subsurface materials and the tidal condi- hts3h��mueh a �r f tions tions made the project into what can best ¢i .l be described as a character building expe- z tierce For the team With the sound s �a advice of good consultants and comtnittcd A� t -2 support of the \h'RUA 9 jurisdictions, how- s c 124 1 ,2:4 -�3 1t_ City of Tukwila Utilities Committee UTILITIES COMMITTEE Meeting Minutes November 9, 2010 5:00 p.m. Conference Room #1 PRESENT Councilmembers: Kathy Hougardy, Chair; Dennis Robertson (filling in for Joe Duffle) and Allan Ekberg Staff: Frank Iriarte, Gail Labanara, Ryan Larson and Kimberly Matej CALL TO ORDER: Committee Chair Hougardy called the meeting to order at 5:00 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Duwamish Gardens: SRFB Grant Agreement Staff is seeking Council approval to enter into a grant agreement with the State of Washington Salmon Recovery Funding Board (SRFB) to be awarded $197,299 in grant funding for design costs related to the Duwamish Gardens site. Design funding for this project is estimated at $275,000 and will be funded as follows: $52,929.34 King Conservation District grant funding (see Utilities minutes dated September 28, 2010), $197,299 SRFB grant funding and $24,771.66 City funding (301 Fund). Staff has requested this item move directly from the November 22 COW to the Special Meeting following in order to meet the mandated Office of Financial Management grant funding obligation deadline of November 30, 1010. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 22 COW FOR DISCUSSION AND SPECIAL MEETING TO FOLLOW IF APPROPRIATE. B. 2010 3rd Ouarter Reports The Committee reviewed the status of program goals as outlined in the 2010 3` Quarter Report, and asked questions as appropriate. INFORMATION ONLY. III. MISCELLANEOUS Committee Member Ekberg inquired about the light brightness of the street lamps on Tukwila International Boulevard. Currently, the lights emit a darker sort of amber lighting versus a bright white light. Statistics show that crimes are less likely to happen in well -lit areas, and Committee Member Ekbreg is interested in knowing if brighter light is an option on the Boulevard. Frank Iriarte will check with the Street Division to research this possibility. Committee Member Ekberg also suggested publicizing the priority snow routes in the Hazelnut and/or Tukwila Reporter. Meeting adjourned at 5:49 p.m. Next meeting: Tuesday, November 23, 2010 5:00 p.m. Conf. Room No. 1. Committee Chair Approval Minute by 125 126