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HomeMy WebLinkAbout23-025 - Contract- Washington State Recreation and Conservation Office - Grant Agreement Gilliam Creek Fish Barrier Removal ProjectWASHINGTON STATE Recreation and Conservation Office Amendment to Grant Agreement Project Sponsor: Tukwila City of Project Title: Gilliam Creek Fish Passage Prelim Des Amendment Type: Time Extension Amendment Description: 23-025(a) Council Approval N/A RICO Grant Agreement Project Number: 2-1049 P Amendment Number: 1 Pursuant to a request from Tukwila City of the Project Agreement identified above is amended to extend the end date of this agreement. The project period of 09/22/2022 to 09/22/2024 is extended to allow the contracting party until 03/13/2026 to complete the project. Agreement Terms In all other respects the Agreement, to which this is an Amendment, and attachments thereto, shall remain in full force and effect. In witness whereof the parties hereto have executed this Amendment. State of Washington Recreation and Conservation Office K,INw1l or.,r2 -tu>. y�zmPoays Prig For Megan Duffy TITLE: Director DATE: Aug 6, 2024 Pre -approved as to form: By: /S/ Assistant Attorney General SAL Project Time Extension Amendment General Fund - Federal RCW 77.85, WAC 420 TIMEXTEN.RPT vv,,,wrvm:,N "N"'Yr Recreation and Conservation Office 23-025 Council Approval: 11/21/22 RCD Grant Agreement Project Sponsor: City of Tukwila Project Number: 22-1049P Project Title: Gilliam Creek Fish Passage Prelim Des Approval Date: 09/22/2022 This Recreation and Conservation Office Grant Agreement (Agreement) is entered into between the State of Washington by and through the Sallmon Recovery Funding Board (SRFI3 or funding board) and the Recreation and Conservation Office (RCO), P.O. Box 40917, Olympia, Washington 98504-0917 and City of Tukwila (Sponsor, and primary Sponsor), 6200 Southcenter Blvd, Tukwila, WA 98188, and shall be binding on the agents, and all persons acting by or through the parties. The Sponsor's Unique Entity ID (UEID) Number is UEQNMC26CBT3. All Sponsors are equally and independently subject to all the conditions of this Agreement except those conditions that expressly apply only to the primary Sponsor. Prior to and during the Period of Performance, per the Applicant Resolution/Authorizations submitted by all Sponsors (and on file with the RCC(), the identified Authorized Representative(s)/Agent(s) have full authority to legally bind the Sponsor(s) regarding all matters related to the project identified above, including but not limited to, full authority to: (1) sign a grant application for grant assistance, (2) enter into this Agreement on behalf of the Sponsor(s), including indemnification, as provided therein, (3) enter any amendments thereto on behalf of Sponsor(s), and (4) make any decisions and submissions required with respect to the project. Agreements and amendments must be signed by the Authorized Representative/Agent(s) of all Sponsors, unless otherwise allowed in the AMENDMENTS TO AGREEMENT Section. A. During the (Period of Performance, in order for a Sponsor to change its Authorized (Representative/Agent as identified on the original signed Applicant Resolution/Authorization the Sponsor must provide the RCC) a anew Applicant Resollution/Authorization signed by its governing body or a written delegation of authority to sign in lieu of originally authorized Representative/Agell Unless a new Applicant Resolution/Authorization has been provided, the RCC( shall proceed on the basis that the person who is listed as the Authorized Representative in the last Resolution/Authorization that RCC has received is the person with authority to bind the Sponsor to the Agreement (including any amendments thereto) and decisions related to implementation of the Agreement. B. Amendments After the Period of Performance. RCC( reserves the right to request and Sponsor has the obligation to provide, authorizations and documents that demonstrate any signatory to an amendment has the authority to legally bind the Sponsor as described in the above Sections. For the purposes of this Agreement, as well as for grant management purposes with RCC), only the primary Sponsor may act as a fiscal agent to obtain reimbursements (See PROJECT REIMBURSEMENTS Section). PURPOSE OF AGREEMENT This Agreement sets out the terms and conditions by which a grant is made from the General Fund - Federal of the State of Washington. The grant is administered by the Recreation and Conservation Office (RCC(). The City of Tukwila proposes to complete preliminary design for the Gilliam Creek Fish Barrier Removal and Habitat Enhancement project to create fish passage between Gilliam Creek and the Green River in Tukwila and enhance habitat near the confluence. Gilliam Creek is mostly inaccessible to aquatic species due to the presence of a 1960s era 108" -diameter flapgate and concrete splash pad at the outlet of a 207 -foot long culvert beneath 66th Ave, S. The flapgate is listed as a total fish passage barrier on the Washington State fish passage data base and is chronically closed or near -closed with plunges to the splash pad below and again from the sill of the pad to the riverbed during lower water conditions, The City idenfified three restoration alternatives; Alt 1 and 2 retrofit the existing culvert and Alt 3 abandons the culvert and creates a new fish passage route utilizing a contemporary box culvert or other fish passable structure(s). As a first step in this project, the city will] survey the site and evaluate in further detail the technical feasibility of the 3, alternatives and select a preferred alternative that will advance to preliminary design (per Manual 18 Appendix D-2). The period of performance begins on September 22, 2022 (project start date) and ends on September 22, 2024 (project end date). No allowable cost incurred before or after this period is eligible for reimbursement unless specifically provided for by written amendment or addendum to this Agreement, or specifically provided for by applicable RCWs, WACs, and any applicable RCC( manuals as of the effective date of this Agreement. RCC(. 22-1049 Revision Date: 9/15/2022 Page 1 of 23 The IRCO reserves the right to summarily dismiss any request to amend this Agreement if not made at least 60 days before the project end date, STANDARD TERMS AND CONDITIONS INCORPORATED The Standard Terms and Conditions of the Recreation and Conservation Office attached hereto are incorporated by reference as part of this Agreement. LONG-TERM OBLIGATIONS For this planning project, the sponsors on-going obligation shall be the same as the period of performance identified in the Period of Performance section. The total grant award provided for this project shall not exceed $250,000.00. The RCO shall not pay any amount beyond that approved for grant funding of the project and within the percentage as identified below, The Sponsor shall be responsible for all total project costs that exceed this amount. The minimum matching share provided by the Sponsor shall be as indicated below: 931E=­ SRFB - Salmon State Supplemental Sm 61 A2% SRFB - Salmon Federal Projects 21.92% Project Sponsor 16.67% Total Project Cost 100.00% a 4114 0_1 mail N NJ I M 101 NJ, 72,11 E01 � I IrTre"er following federal award, or subaward: �w<. I Mwff " $184,24600 $65,754.00 $50,000-00 Federal Agency: US Dept of Commerce Assistance Listing Number and Name: 11,438 - PCSRF Federal Award Identification Number: NA22NIMF4380227 Federal Fiscal Year: 2022 Federal Award Date: 07/19/2022 Total Federal Award: $23,280,000 Federal Award Project Description: FY2022 Pacific Coastal Salmon Recovery This funding is not research and development (R&D). Source of Funding State Federal If the Sponsor"s total federal expenditures are $750,000 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 2 C.F.R. Part 200 (as updated). The Sponsor must provide a copy of the final audit report to RCO within nine months of the end of the Sponsors fiscal year, unless a longer period is agreed to in advance by the federal agency identified in this section. Sponsor shall comply with the federal "Orrini-circular" (2 C. F.R. Part 200), RCO may suspend all reimbursements if the Sponsor fails to timely provide a single federal audit; further the RCO reserves the right to suspend any and all RCO Agreement(s) with the Sponsor if such noncompliance is not promptly cured. All rights and obligations of the parbes under this Agreement are further specified in and shall be interpreted in light of the Sponsor"s application and the project summary and eligible scope activities under which the Agreement has been approved and/or amended as well as documents produced in the course of administering the Agreement, including the eligible scope activities, the milestones report, progress reports, and the final report. Provided, to the extent that linformation contained in such documents is irreconcilably in conflict with the Agreement, such information shall not be used to vary the terms of the Agreement, unless the terms in the Agreement are shown to be subject to an unintended error or omission. "Agreement" as used here and elsewhere in this document, unless otherwise specifically stated, has the meaning set forth in the definitions of the Standard Terms and Conditions. XCO: 22-1049 Revision Date.- 9/15/2022 Page 2 of M AMENDMENTS TO AGREEMENT Except as provided herein, no amendment (including without limitation, deletions) of this, Agreement will be effective unless set forth in writing signed by all parties. Exception: extensions of the Period of Performance and minor scope adjustments need only be signed by RCO's director or designee and consented to in writing (including email) by the Sponsors Authorized Representative/Agent or Sponsor's designated point of contact for the implementation of the Agreement (who may be a person other than the Authorized Agent/Representative), unless otherwise provided for in an amendment. This exception does not apply to a federal government Sponsor or a Sponsor that requests and enters into a formal amendment for extensions or minor scope adjustments. It is the responsibility of a Sponsor to ensure that any person who signs an amendment on its behalf is duly authorized to do so. Unless otherwise expressly stated in an amendment, any amendment to this Agreement shall be deemed to include all current federal, state, and local government laws and rules, and policies applicable and active and published in the applicable RCO manuals or on the RCO website in effect as of the effective date of the amendment, without limitation to the subject matter of the amendment. Provided, any update in law, rule, policy or a manual that is incorporated as a result of an amendment shall apply only prospectively and shall not require that an act previously done in compliance with existing requirements, be redone. However, any such amendment, unless expressly stated, shall not extend or reduce the long-term obligation term. COMPLIANCE WITH APPLICABLE STATUTES, RULES, AND POLICIES This Agreement is governed by, and the sponsor shall comply with, all applicable state and federal laws and regulations, applicable RCO manuals as identified below, Exhibits, and any applicable federal program and accounting rules effective as of the date of this Agreement or as of the effective date of an amendment, unless otherwise provided in the amendment. Provided, any update in law, rule, policy or a manual that is incorporated as a result of an amendment shall apply only prospectively and shall not require that an act previously done in compliance with existing requirements be redone unless otherwise expressly stated in the amendment. For the purpose of this Agreement, WAC Title 420, SRFB policies shall apply as terms of this Agreement. For the purpose of this Agreement, the following RCO manuals are deemed applicable and shall apply as terms of this Agreement: • Reimbursements - Manual 8 • Restoration Projects - Manual 5 • Salmon Recovery Grants - Manual 18 Special Condition #1 Cultural Resources -Survey Required. This agreement requires compliance with Executive Order 21-02. RCO has completed the initial consultation for this project, and a cultural resources survey is required. The cultural resources survey must include documentation of any above or below ground archaeological resources as well as any possible historic structures or buildings that may be affected by the project. Archaeological monitoring of any proposed geotechniGal borings, investigations, or test pits may be included as part of the cultural resources survey. This project may receive a USAGE permit in future, RCO will defer to the Corps for their permitted project actions. The Sponsor must submit the results of the cultural resources survey to RCO and receive a notice of cultural resources completion. Ground disturbance started without approval will be considered a breach of contract If archaeological or historic materials are discovered while conducting ground disturbing activities, work in the immediate vicinity must stop and the Sponsor must ensure compliance with the provisions found in this agreement. All cultural resources work must meet reporting guidelines outlined by the Department of Archaeology and Historic Preservation. AGREEMENT CONTACTS The parties will provide all written communications and notices under this Agreement to either or both the mail address and/or the email address listed below: Sponsor Pro ject,Contact Mike Perfetti 6300 Southcenter Blvd, Ste 100 Tukwila, WA 98188 Mike.Perfett!@Tukwil[aWA.gov ROO Contact Bridget Kaminski Outdoor Grants Manager PO Box 40917 Olympia, WA 98504-0917 1;q114 These addresses and contacts shall be effective until receipt by one party from the other of a written notice of any change. Unless otherwise provided for in this Agreement, decisions relating to the Agreement must be made by the Authorized NCO: 22-1049 Revision Date. 9/15/2022 Page 3 of a Representative/Agent„ who may or may not be the Project Contact for purposes of notices and communications. 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. EFFECTIVE DATE. Unless otherwise provided for in this Agreement, this Agreement, for, Project 22-1049, shall become effective and binding on the date signed by bath the sponsor and the RCO°s authorized representative, whichever is later (Effective Date). Reimbursements for eligible and allowable costs incurred within the period of performance identified in the PERIOD OF PERFORMANCE. Section are allowed only when this Agreement is fully executed and an original its received by RCO. The Sponsor has read, fully understands, and agrees to be bound by all terms and conditions as set forth in this Agreement and the 'STANDARD TERMS AND CONDITIONS OF THE RCO GRANT AGREEMENT. The signatories listed below represent and warrant their authority to bind the parties to this Agreement. City of Tukwila a as ,asaamaaao......... By. Cute: 2/15/2023 Key:7fdba6G4a6e6401tl530a-0890996'J Name (printed'y Allan Ekberg Title. Mayor State of Washington Recreation and Conservation Office On behalf of the Salmon Recovery Funding Board (SRFB or funding board) By �.:. For Megan Duffy Director Recreation and Conservation Office Pre -approved as to form: "Y By: Assistant Attorney General 6;11�I�I�[�l*11�II�7'��»'`II IC+IIS+71�v'i A c 'Saaa' Koy 64693— — 45f 8163 46b16f93f 6ffice of the City Attorney Date: Feb 27, 2023 I M. RCO: 22-1049 Revision Date: 9/15/2022 Page 4 of 23 I I I N 6 fNf i,,,T RCO Graint Agreement 1101, R eN reatiori and c -iservation Office o� Project Sponsor, City of Tukwila Project Number: 22-1049P Project Title: Gilliam Creek Fish Passage Prelim Des Approval Date: 09/22/2022 14 NIN11:1111 4140101;2 411l i LTJ I 11*1 Planning Metrics Targeted species (non -ESU species): Area Encompassed (acres) (B.O.b.1): Miles of Stream and/or Shoreline Affected Design for Salmon restoration Preliminary design (B.1 .Ibl I ,a RCO) Project Identified in a Plan or Watershed Assessment, (1220) (B. 1 .b. 1 I.a): Priority in Recovery Plan (1222) (B. 1.1l I 1,b): Cultural Resources Cultural resources Chinook Salmon -Puget Sound ESU, Steelhead- Puget Sound DPS None 13 0,18 0.18 mi Gilliam Cr + .02 mi Green River. Shared Strategy Development Committee. 2007, Puget Sound Salmon Recovery Plan. Seattle, WA, https://www.westcoast.fisheries.noa&gov/publicati ons/recovery_planning/salmon—steelhead/domain s/puget_sound/Ghinook/pugetsoundchinookrecove ryplan_,wO�_exec_summary.pdf WRIA 9. (2005„ August). Green/Duwamish and Central[ Puget Sound Watershed Salmon Habitat Plan: Making Our Watershed Fit for a King. https:/Avww.goviink.org/watersheds/9/plan- implementation/HabitatPlan.aspx Puget Sound Partnership's 2018-2022 Near Term Action Agenda The project is listed as project # LG -16 in the Habitat Plan; it protects and improves riparian vegetation; protects and improves access to tributaries and creates/restores habitat that provides refuge, habitat and complexity (page 7- 73). RCO: 22-1049 Revision Date: 9/15/2022 Page 5 of 23 I I I N 6 fNf i,,,T RCO Grant Agreement 1101, R eN reatiori and c -iservation Office o� Project Sponsor, City of Tukwila Project Number: 22-1049P Project Title: Gilliam Creek Fish Passage Prelim Des Approval Date: 09/22/2022 I;J:1031 ZIA fill 1111111 *1 to] i I =[:I 4:101 it III Complete Milestone Target Date Comments/Description Project Start 09/22/2022 Cultural Resources, Complete 11/30/2022 Cultural resources survey and historic structures documentation required prior to ground disturbance, may proceed concurrently with geotech/soils investigations, Progress Report Due 03/15/2023 Progress Report Due 09/15/2023 Preliminary Design to RCO 09/15/2023 As described in RCO Manual 18, App D-2, Annual Project Billing Due 09/2112023 Progress Report Due 03/1512024 Progress Report Due 09/15/2024 Final Report Due 09/15/2024 This is the RCO final report in PRISM. Agreement End Date 09/22/2024 Project Closing. All expenditures must be prior to this date. Final Billing Due 11/22/2024 RCO: 22-1049 Revision Date: 9/15/2022 Page 6 of 23