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Home My WebLink About23-024 - Washington State Recreation and Conservation Office - Grant Agreement: Nelsen Side Channel ProjectWASHINGTON STATE Recreation and Conservation Office Amendment to Grant Agreement Project Sponsor: Tukwila City of Project Title: Nelsen Side Channel Amendment Type: Time Extension Amendment Description: 23-024(b) Council Approval N/A Project Number: 2-1047 P Amendment Number: 2 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 09/30/2024 is extended to allow the contracting party until 12/15/2025 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 DocuSigned by: BY: ,/ : ,,, FkF N.i F ................................. [B0042F1EB33F4BA Foy �,,, ,,,,, ,, rrr.��'r,-��Du a,),xazar.o; :aF�l:>"r) 10/14/2024 1 3:28 PM PDT Megan Duffy TITLE: Director DATE: Oct 10, 2024 Pre -approved as to form: By: /S/ Assistant Attorney General SAL Project Time Extension Amendment State Building Construction Account or Natural C RCW 77.85, WAC 420 TIMEXTEN.RPT WASHINGTON STATE Recreation and _..r Conservation Office Amendment to Grant Agreement Project Sponsor: City of Tukwila Project Title: Nelsen Side Channel Amendment Type: Cost Change Amendment Description: 23-024(a) Council Approval N/A Project Number: 22-1047P Amendment Number: 1 Amendment to add additional money to fully fund a partially funded project. WRIA 9 Lead Entity allocates $200,000 23-25 PSAR funding (available July 1, 2023) as approved on their 2022 ranked list. $36,250 of match will be added to maintain the 15% minimum requirement. Project Funding: The total cost of the project for the purpose of this Agreement changes as follows: Old Amount New Amount Amount % RCO - PSAR $0.00 0.00% RCO - SALMON FED PROJ $100,000.00 84.93% Project Sponsor $17,750.00 15.07% Total Project Cost $117,750.00 100% Admin Limit $0.00 0.00% A&E Limit $0.00 0.00% Agreement Terms Amount remain in full force and effect. % $200,000.00 City of Tukwila 56.50% $100,000.00 fowl 28.25% AGENCY: os �fROFFna+aaFznna Allan Ekberg $54,000.00 BY: 15.25% $354,000.00 100% $0.00 0.00% $0.00 0.00% 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 City of Tukwila Recreation and Conservation Office DocuSigned by: fowl AGENCY: os �fROFFna+aaFznna Allan Ekberg BY:i �� , i �:�, . .... For BY: Megan Duffy TITLE: Director DATE: Aug 28, 2023 Pre -approved as to form: BY: /S/ Assistant Attorney General SAL Project Cost Change Amendment General Fund - Federal AMENAGR1.RPT TITLE: Mayor 8/8/2023 1 9:03 PM PDT DATE: APPROVED AS TO FORM: r-°^-DocuSigned by: Office of tl eW i y orr'by RCW 77.85, WAC 420 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2023 to 2028 PROJECT: Nelsen Salmon Habitat Side Channel Project No. 91641203 EXPENSES Create an off -channel salmon rearing habitat side channel by connecting a segment of historic river DESCRIPTION: channel with the Green River. JUSTIFICATION: WRIA 9 has identified this project a proposed action in the Salmon Habitat Plan. The project area is primarily within State lands, but the intent is to transfer to City. The project may take place STATUS: under an aquatic lease (DNR), depending on timing. Grant application for design funding submitted to Floodplains in 2020 with a low probability of success. MAINT. IMPACT: Expected to increase maintenance Land (RNV) Property acquisition to the north could create the opportunity for a side channel and additional flood storage, or COMMENT: potentially combine this with Gilliam Creek Fish Barrier project depending on funding source feedback. FINANCIAL Through Estimated (in $000's) 2021 2022 2023 2024 2025 2026 2027 2028 BEYOND TOTAL EXPENSES Design 50 300 300 650 Land (RNV) 5 300 305 Monitoring 0 Const. Mgmt. 385 385 Construction 1,440 1,440 TOTAL EXPENSES 0 55 600 300 1,825 0 0 0 0 2,780 FUND SOURCES Awarded Grant 50 150 150 350 Proposed Grant 300 100 1,232 1,632 Mitigation Actual 0 Mitigation Expected 0 Utility Revenue 0 5 150 50 593 0 0 0 0 798 TOTAL SOURCES 0 55 600 300 1,825 0 0 0 0 2,780 W) Project L.0cation 2023 - 2028 Capital Improvement Program 83 'A ReN_reabori and c-ervation Office o�is 23-024 Council Approval: 1/23/23 RCO Grant Agreement Project Sponsor: City of Tukwila Project Number: 22-1047P Project Title: Nelsen Side Channel 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 Salmon Recovery Funding Board (SRFB or funding board) and the Recreation and Conservation Office (RCO), P.O. Box 409117, Olympia, Washington 98504-0917 and City of Tukwila (Sponsor, and primary Sponsor), 6200 Southoenter Blvd, Tukwila, WA 98188, and shall be binding on the agents, and ail persons acting by or through the parties. The Sponsor's Unique Entity ID (UEID) Number is UEQNMC26C8T3. 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 RCO), the identified Authorized Representatives)/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 IRepresentativelAgent as identified on the original signed Applicant Resolution/Authorization the Sponsor must provide the RCO a anew Applicant Resollution/Authorization signed by its governing body or a written delegation of authority to sign in lieu of originally authorized Representative/Agency(). Unless a new Applicant Resolution/Authorization has been provided, the RCO shall proceed on the basis that the person who is listed as the Authorized Representative in the last Resolution/Authorization that RCO 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. RCO 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 RCO, 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 (RCO). FST4�1 �:- 0 �Z$ I I �WiiEl The City of Tukwila proposes to complete preliminary design and apply for permits for the Nelsen Side Channel restoration on the Lower Green River. The future restoration project will create about one acre of rare off -channel rearing habitat and restore another acre of riparian forest by setting back a levee and reconnecting the river with its historic channel to benefit threatened juvenile Chinook salmon and other salmonids. The design will include off -channel habitat to provide forage opportunities, and refugia during the high flows of the early out -migration perjo& planting plan for the riparian and upland areas surrounding the side channel, and along the mainstem of the Green River, restoring ecological function and providing critically needed shade; large wood placement to provide food sources, wood recruitment and refuge forjuvenfle Chinook. This proposal is integrated with the work of the Citys non-profit partner, DirtCorps, who is restoring nearly an acre of shoreline upstream from the side channel. The Nelsen Side Channel Project is among the projects listed in WRIA 9s Salmon Habitat Plan 2021 update. The period of performance begins on September 22, 2022 (project start date) and ends on September 30, 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, RCO manuals as of the effective date of this Agreement. The RCO reserves the right to summarily dismiss any request to amend this Agreement if not made at least 60 days before the project end date. RCO: 22-1047 Revision Date.- 9/15/2022 Page 1 of 23 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 -golfing 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 $100,000.00, 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: Percentage SRFB - Salmon Federal Projects 84.93% Project Sponsor 15.07% Total Project Cost 1100.00% Dollar Amount $100,000.00 $17,750.00 Source of Funding Federal If federal funding information is included in this section, this project is funded by, matched by, and/or funded in part by the following federal award, or subaward: Federal Agencyi US Dept of Commerce Assistance Listing Number and Name. 11.438 - PCSRF Federal Award Identification Number- NA22NMF4380227 Federal Fiscal Year: 2022 Federal Award Date- 07/19/2022 Total Federal Award: $23,280,000 Kilnr w s r r^MMMM If the Sponsors 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 Sponsor's fiscal year, unless a longer period is agreed to in advance by the federal agency identified in this section, 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. 114FJ ZIARAN-11 All rights and obligations of the parties under this Agreement are further specified in and shall be interpreted in light of the Sponsors 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 information 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. 0 J, 1:4,111 OM 141, 111 4 411� PUB 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 Sponsor's 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 XCO: 22-1047 Revision Date.- 9/15/2022 Page 2 of 0 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 sponsorshalll 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, SRF13 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 • 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 cuftural 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 geotechnical borings, investigations, or test pits may be included as part of the cultural resources survey. 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. Special Condition #2: Include explicit evaluation of sedimentation and thermal mixing as part of the Appendix D-1 feasibility study/conceptual design. SPECIAL CONDITION #3: On September 22, 2022, the SRFB approved the Salmon Recovery Funding lists which included this partially funded project. The WRIA 9 Lead Entity awarded $100,000 Salmon Recovery funding (available in 2022) and $200,000 PEAR funding (available in 2023, depending on legislative appropriation). The sponsor match is reduced to $17,750 reflecting the minimum 15% share requirement. If full funding is secured in 2023, the PEAR funds will be amended into the project, and the match will be increased to $54,000. If full funding is not secured, the scope of work will be reduced to reflect what can be accomplished with 2022 funding plus 2022 match awarded. 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; RCO: 22-1047 Revision Date. 9/15/2022 Page 3 of 23 Sponsor Project Contact Mike Perfetti 6300 Southcenter Blvd, Ste 100 Tukwila, WA 9,8188 Mike.Perfetti@Tuk,wilaWA.gov •q. Bridget Kaminski Outdoor Grants Manager PO Box 40917 Olympia, WA 98504-0917 44 1 1 OP kfATF-Kii'lih 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 imust be made by the Authorized 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 22-1047, shall become effective and binding on the date signed by both 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 is 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 Date: By: —L - Key. 21866f0 - ---- ---- ---- ---------- Name (printed): Allan Ekberg Title* Mayor State of Washington Recreation and Conservation Office On behalf of the Salmon Recovery Funding Board (SRF13 or funding board) BDu o�sKl y: 7or Megan DuiTy Director Recreation and Conservation Office By: Assistant Attorney General ........................... Office of the City Attorney 2/15/2023 Date: Feb 27, 2023 M NCO: 22-1047 Revision Date.- 9/15/2022 Paige 4 of M 'A ReNzreabori and c-iservation Office o� Project Sponsor, City of Tukwila Project Title: Nelsen Side Channel 14 4 N 1:14 4140101;J 4_010i 1 VJ I i 1 *1 Planning Metrics, Worksite #1, Nelsen Side Channel Targeted salmonid ESU/1DPS (A.23): Targeted species (non -ESU species): Area Encompassed (acres) (B.O.b.1): Miles of Stream and/or Shoreline Affected Design for Salmon restoration Conceptual Design (13.1.b.111.a RCO) Project Identified in a Plan or Watershed Assessment, (2457) (13, 1 b,l 1,a): Priority in Recovery Plan (2458) (B. l.b. 1 1.b): Preliminary design (113.1.b. I I.a RCO) Project Identified in a Plan or Watershed Assessment. (1220) (BA b.11,a): Priority in Recovery Plan (1222) (B.1 .b.l 1.b): Final design and permitting (B.Ib.11.a RCO) Project Identified in a Plan or Watershed Assessment. (1221') (B. 1.b.1 1 .a): Priority in Recovery Plan (1223) (B. 1.b. 1 l.b)- Cultural Resources Cultural resources Agency Indirect Costs Agency Indirect RCO Grant Agreement Project Number: 22-1047P Approval Date: 09/22/2022 Chinook Salmon -Puget Sound ESU, Steelhead- Puget Sound DPS None 2.5 0.19 WRIA 9. (2021 Update), Green/Duwamish and Central Puget Sound Watershed Salmon Habitat Plan: Making Our Watershed Fit for a King. https://www,goviink.org/watersheds/9/plan- implementationl202l%20PIan%2OUpdate17 Low �erl/o20Green%20R!ver%2OSubwatershed,p,j-f Puget Sound Partnership's 2018-2022 Near Term Action Agenda WRIA 9 Habitat Plan- Chapter 7, Lower Green Watershed, Project LG -15, Tier 3 Puget Sound Partnerships - NTA # 2018-0717, Tier 4 WRIA 9. (2021 Update). Green/Duwamish and Central Puget Sound Watershed Salmon Habitat Plan: Making Our Watershed Fit for a King. https://www,goviink.org/watersheds/9/plan- implementatuon/2021%20PIan%2OUpdatet7—Low er,O/o2OGreen%2ORiver�/�2OSubwatershed. pdf Puget Sound Partnership's 2018-2022 Near Term Action Agenda WRIA 9 Habitat Plan- Chapter 7, Lower Green Watershed, Project LGA 5, Tier 3 Puget Sound Partnerships - NTA # 2018-0717, Tier 4 None I k Me RCO: 221047 Revision Date: 9/15/2022 Page 5 of 23 'A ReNz-reabori and c-iservation Office o� Project Sponsor, City of Tukwila Project Title: Nelsen Side Channel 1;1:1031401 fill 11114.1 folk"ll 4:101 A11 RCO Grant Agreement Project Number: 22-1047P Approval Date: 09/22/2022 Complete Milestone Target Date Comments/Description Project Start 09/22/2022 RFP Complete/Consultant Hired 03/01/2023 Progress Report Due 03/15/2023 Data Gathering Started 04/30/2023 Other 06/30/2023 Data Gathering Complete Progress Report Due 09/15/2023 Annual Project Billing Due 09/2212023 Cultural Resources Complete 12/31/2023 Cultural resources survey and historic structures documentation required prior to ground disturbance, may proceed concurrently with geotech/soils investigations, see special condition #11. Preliminary Design to RCO 12/31/2023 As described in RCO, Manual 18, App D-2 Progress Report Due 03/15/2024 Applied for Permits 05/30/2024 Final Design to RCO 06/30/2024 As described in RCO Manual 18, App D-3 Final Report Due 07/15/2024 This is the RCO, final report in PRISM Progress Report Due 09/15/2024 Agreement End Date 09/30/2024 Project Closing, All expenditures must be prior to this date, Final Billing Due 12/31/2024 RCO: 221047 Revision Date: 9/15/2022 Page 6 of 23 # ## Final Audit Report Created: 2023-02-28 I e s e Siliid e C 2023-02-28 By: Deena Resnick (deena.resnick@rco.wa.gov) Status: Signed Transaction ID: CBJCHBCAABAAYCLwgzEKG55KCtW4oQWNSJYscp3YJkem "22-1047 Agreement - Nelsen Side Channel" History ��,""."'',°,I Document created by Deena Resnick (deena.resnick@rco.wa.gov) 2023-02-28 - 0:21:07 AM GMT -�� Document emailed to Marc Duboiski (marc.duboiski@rco.wa.gov) for signature 2023-02-28 - 0:22:16 AM GMT ��,""."'',°,I Email viewed by Marc Duboiski (marc.duboiski@rco.wa.gov) 2023-02-28 - 6:42:21 AM GMT Document e -signed by Marc Duboiski (marc.duboiski@rco.wa.gov) Signature Date: 2023-02-28 - 6:42:33 AM GMT - Time Source: server Agreement completed. 2023-02-28 - 6:42:33 AM GMT Powered by Adobe Acrobat Sign #uw��w #w��w muull C') it iiiii 2u u Final Audit Report Created: 2023-08-10 u mWll uuuuum Cost 2023-08-28 By: Deena Resnick (deena.resnick@rco.wa.gov) Status: Signed Transaction ID: CBJCHBCAABAAOcL3g_-OunXc7kdnz37K9XVBuzol4XW "22-1047 Amendment #1 - Cost Change" History Document created by Deena Resnick (deena.resnick@rco.wa.gov) 2023-08-10 - 3:40:37 PM GMT Document emailed to Marc Duboiski (marc.duboiski@rco.wa.gov) for signature 2023-08-10 - 3:41:18 PM GMT Email viewed by Marc Duboiski (marc.duboiski@rco.wa.gov) 2023-08-14 - 5:01:32 PM GMT mlhv W±., Email viewed by Marc Duboiski (marc.duboiski@rco.wa.gov) 2023-08-28 - 2:31:08 PM GMT f:"dTDocument e -signed by Marc Duboiski (marc.duboiski@rco.wa.gov) Signature Date: 2023-08-28 - 2:31:23 PM GMT - Time Source: server ° Agreement completed. 2023-08-28 - 2:31:23 PM GMT Powered by Adobe Acrobat Sign