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HomeMy WebLinkAbout23-025 - Amendment C - Washington State Recreation and Conservation Office - Grant Agreement Gilliam Creek Fish Barrier Removal Projectti WASHINGTON STATE Recreation and Conservation Office Amendment to Grant Agreement Project Sponsor: City of Tukwila Project Title: Gilliam Creek Fish Passage Prelim Des Amendment Type: 23-025(c) Council Approval 6/2/25 Project Number: 22-1049P Amendment Number: 3 Cost Change Amendment Description: M.LeOd( I I/ i1i 12.; a3 VUr This cost change is to merge the BAFBRB project 21-1502 with this project, adding $300,000 LEAP RCO-3-2024 — CCA supplemental and reducing match to 0% (BAFBRB grant matches SRFB and vice versa). This TITLE: amendment also adds BAFBRB TRT design review as a special condition. DATE: Special Condition #3 has been added to reflect the terms and conditions of the climate commitment act funding. Project Funding: The total cost of the project for the purpose of this Agreement changes as follows: Old Amount New Amount Amount % Amount % RCO - FBRB Projects $0.00 0.00% $300,000.00 50.00% RCO - SALMON ST SUPPS $184,246.00 61.42% $184,246.00 30.71% RCO - SALMON FED PROJ $65,754.00 21.92% $65,754.00 10.96% Project Sponsor $50,000.00 16.67% $50,000.00 8.33% Total Project Cost $300,000.00 100% $600,000.00 100% Admin Limit A&E Limit Agreement Terms $0.00 0.00% $0.00 0.00% $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 Recreation and Conservation Office BY: 0 '6'k:L Megan Duffy For: TITLE: Director DATE: 09/18/2025 Pre -approved as to form: City of Tukwila AGENCY: BY:II M.LeOd( I I/ i1i 12.; a3 VUr Thomas McLeod TITLE: Mayor DATE: 09/17/2025 SAL Project Cost Change Amendment General Fund - Federal RCW 77.85, WAC 420 AMENAGR1.RPT Project Sponsor: City of Tukwila Project Number: 22-1049P Project Title: Gilliam Creek Fish Passage Prelim Des Amendment Number: 3 BY: /S/ Assistant Attorney General SAL Project Cost Change Amendment General Fund - Federal RCW 77.85, WAC 420 AMENAGR1.RPT Amendment Special Conditions Project Sponsor: Tukwila City of Project Number: 22-1049 P Project Title: Gilliam Creek Fish Passage Prelim Des Amendment Number: 3 Special Conditions 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 geotechnical borings, investigations, or test pits may be included as part of the cultural resources survey. This project may receive a USACE 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. Special Condition #2: WDFW Review and Approval for Preliminary Design This project is conditioned for review and approval, by the BAFBRB Technical Review Team, for preliminary design and all supporting technical documents per Manual 22 Appendix C-3 prior to project closing and final bill payment. The design plans and report need to include the elements specified in Manual 22, Appendix C-2. The BAFBRB Technical Review process typically takes between 30 to 90 days. Please account for this review timing in your project delivery schedule. Special Condition #3: Climate Commitment Act Funding Where this section conflicts with other provisions of this Agreement, the requirements of this section shall prevail. Project Funding, Laws, and Rules This project is funded through the Climate Commitment Act (Chapter 316, Laws of the State of Washington, 2021 ("CCA" or "the Act"). Funds provided herein are from one or more of the following accounts in the state treasury: Carbon Emissions Reduction Account (CERA), Climate Investment Account (CIA), Climate Commitment Account (CCA), Natural Climate Solutions Account (NCSA), and Air Quality and Health Disparities Improvement Account (AQHDIA). Sponsor shall comply with the requirements of the Act and specific requirements for each account that funds the project. Sponsors shall also follow all applicable Agencies' (see below) WAC's and policies established pursuant to the Act. Geographic Scope of Work Funding through the Act's accounts (listed above) for this Agreement shall only be spent on the project and within the state of Washington. Reporting Sponsor shall assist RCO with its reporting requirements per the Act, and any applicable WAC's including but not limited to WAC 173-446B. At the direction of RCO, Sponsor shall report project information to Washington State Department of Ecology ("ECY"), Washington State Department of Commerce, Washington State Department of Natural Resources, the Washington State Department of Health (DOH), the Office of the Governor, the Washington State Legislature ("LEG") to include the Joint Legislative Audit and Review Committee, the Environmental Justice Council (ECY, DOH), and the Office of Financial Management ("Agencies"), through 2045. Sponsor must provide RCO any requested project information needed to complete its Environmental Justice Assessment and Review and plans and assessments required by Act through 2045. At the direction of RCO, Sponsor shall use reporting tools provided by the RCO or the Agencies to complete Sponsor and RCO's reporting requirements per this Agreement and the Act, and any WAC's or policies established by the Agencies pursuant to the Act. Outreach At the request of RCO, Sponsor shall provide a copy of all Sponsor project education and outreach materials via email to RCO for review prior to distribution. Funding Source Acknowledgement and Branding ASPECCOND.RPT August 14, 2025 Page 1 Amendment Special Conditions To strengthen public awareness of how CCAfunding is used, Sponsor shall ensure consistent branding and funding acknowledgments are used in all communications and included in funding agreements, contracts, press releases and project related publications, media, and at the project site in the form of signs during all phases of the project to include preconstruction, pre -renovation, pre -rehabilitation, and for completed projects at the project site. Sponsor shall also ensure its contractors, subcontractors, service providers and others who assist Sponsor in implementing the project include recognition of CCA project funding on their website and other promotional or informational materials. Capital equipment costing more than $5,000 shall also be branded with a CCA logo. Sponsor shall request RCO provide the format for acknowledgement and branding language and logo in the language and font, and logo color, font, and format, consistent with CCA funding requirements as set for in this subsection. For logos, Sponsor shall contact RCO to request approved logo templates. Language: "[PROJECT] is supported with funding from Washington's Climate Commitment Act. The CCA supports Washington's climate action efforts by putting cap -and- invest dollars to work reducing climate pollution, creating jobs, and improving public health. Information about the CCA is available at www.climate.wa.gov." Logo: Sponsor shall request RCO send it logo templates approved by the state. The RCO provided logos should always be used in its entirety, with the wordmark and symbols together. The logo should not be altered in any way, including changing the colors, proportions or fonts. The logo should be displayed on a white background. If a white background isn't possible, use the primary logo with the border or one of the approved white logos. The primary color palette is the shades of green, but it can also be used in black and white and/or gray scale as required. The logo can be used in a variety of applications, including websites, social media, print materials, and signage. When using the logo in digital applications or printing for signage, it is important to use a high-resolution version of the logo. ASPECCOND.RPT August 14, 2025 Page 2 AMENDMENT APPROVAL FORM Project #: 22-1049 Planning Amendment #: 3 - Cost Change Project Title: Gilliam Creek Fish Passage Prelim Des Project Sponsor: Tukwila City of Project Manager: JohnF Primary Program: Salmon Federal Projects AMENDMENT DESCRIPTION: This cost change is to merge the BAFBRB project 21-1502 with this project, adding $300,000 LEAP RCO-3-2024 — CCA supplemental and reducing match to 0% (BAFBRB grant matches SRFB and vice versa). This amendment also adds BAFBRB TRT design review as a special condition. Special Condition #3 has been added to reflect the terms and conditions of the climate commitment act funding. PROJECT SUMMARY: Board Funded Date: 09/22/2022 Prior Time Extensions: 1 RCO Amount: $250,000.00 Project Start Date: 09/22/2022 Other External Amendments: 0 Sponsor Match Amount: $50,000.00 Original End Date: 09/22/2024 Sponsor Active Projects: 2 Total: $300,000.00 Current End Date: 03/13/2026 Sponsor Completed Projects: 6 RCO Paid To Date (78%): $194,360.78 Sponsor Not Completed Projects: 0 RCO Remaining (22%): $55,639.22 Last Progress Report: 04/30/2025 Sponsor Dead Projects: 0 Last Billing Date: 04/30/2025 PROJECT AGREEMENT DESCRIPTION: 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 identified 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). PROJECT FUNDING (CURRENT): Bien Fund Appn Reapp Ind Orig Bien Orig Appn Grant Activity SubActiv SO Amount 23-25 001 P20 Reapp 19-21 P20 NMFS 2020 PROJ FED NZ $32,876.99 25-27 001 P22 Reapp 21-23 P22 NMFS 2022 PROJ FED NZ $32,877.01 25-27 06A C24 Reapp 21-23 C24 SUPPS STATS NZ $184,246.00 AMENDAPPROVALFORM. RPT