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HomeMy WebLinkAbout4584RESOLUTION NO. 4 5 8 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A GRANT AGREEMENT BETWEEN THE CITY OF AUBURN AND THE WASHINGTON STATE RECREATION AND CONSERVATION OFFICE FOR THE FENSTER LEVEE SETBACK & FLOODPLAIN RESTORATION, PHASE II PROJECT WHEREAS, the Fenster Levee Setback is a project identified in the Green /Duwamish and Central Puget Sound Watershed, Water Resource Inventory Area 9, Salmon Habitat Plan, Making our Watershed Fit for a King, dated August 2005 and ratified by the City Council of the City of Auburn ( "City ") by adoption of Resolution No. 3922 on October 17, 2005; and WHEREAS, the City and King County Water and Land Resources Division (WLRD) entered into an interlocal agreement for the performance of work for the Fenster Levee Setback project as authorized by the Auburn City Council by adoption of Resolution No. 4054 on July 17, 2006; and WHEREAS, the City and King County WLRD have completed the construction of setback levee improvements and habitat restoration as part of Phase I of the Fenster Levee Setback project; and Whereas, on November 17, 2008 the City Council adopted Resolution No. 4415 authorizing the City's acceptance of a $130,000 grant from the King Conservation District for the acquisition of the Smith Property which was identified Resolution No 4584 April 5, 2010 Page 1 as a critical segment of the Fenster Levee Setback project, and did subsequent purchase the property, thereby completing City ownership of the proposed project site, and WHEREAS, Washington State Recreation and Conservation Office is a State agency responsible for the administration of Salmon Recovery Funding Board funds for salmon recovery projects, and WHEREAS, the City has been awarded a Washington State Salmon Recovery Funding Board grant in the amount of $304,103 for the design, permitting, and construction of the Fenster Levee Setback, Phase II Project. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor is hereby authorized to execute a Grant Agreement between the City and Washington State Recreation and Conservation Office in the total amount of $304,103, or such amount as may be awarded to the City under the Grant Agreement, in substantial conformity with the agreement attached hereto, marked as Exhibit "A" and incorporated herein by this reference. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Resolution No 4584 April 5, 2010 Page 2 Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this S *- day of Arpv t �; , 2010. ATTEST. Danielle E. Daskam, City Clerk AP' - OVED • FORM: t SI. i , 1 'niel B. He'= City Attorney , Resolution No 4584 April 5, 2010 Page 3 CITY OF AUBURN PETER B. LEWIS MAYOR 1^„i WAr11111G1O11 rrA1E � Recreation and Conservation Office Salmon project Agreetnent Salmon Funding Accounts Projoot Sponsor; City of Auburn Projoot Number; 09-1429R Projoot Tido: Fenster Levee Setback & Floodplain Restoration 11 Approval Dato:12/10/2009 A. PARTIES OF THE AGREEMENT This project grant agroomont ( agroomont) is ontored Into between the State of Washington by and through tiro Salmon Rocovery Funding Board (SRFB), P.O. Box 40017, Olympia, Washington 98004.0017 and City of Auburn (sponsor), 28 W Mail SI, Auburn, WA 98001.4998 and shali bo binding on the agents and all persons acting by or through the parties. B. PURPOSE OF AGREEMENT This agroomont sots out the terms and conditions by which a grant 1s made from the Salmon Funding Accounts of Ilto State of Washington. The giant le administorod by lito Recroalion and Conservation Office (RCO) to the sponsor for ilia project named nbovo. C. DESCRIPTION OF PROJECT ' The subject proJoct Is described on the attachod project summary. D. PERIOD OF PERFORMANCE The protect reimbursement poriod shall begin on December 10, 2000 and end on Docombor 31, 2013. No oxpendlture mado boron) or after this period Is ollglbio for roimbursomont unless Incorporated by written amendment into This agreement or speclfcally provided for by funding board /office policy. Requests for lime extensions are to be mado at toast 60 days before the agreement end dato. If a roquost for n limo extension Is not mado al toast 60 days before tho agroomont end date, the request may bo donlod. If tho roquost is mado after (he agreement and date, the lime extension will be donlod. E. ONGOING OBLIGATION Tito Project Sponsor's ongoing obligation for the above project undo( this Agroomont Is to provido maintonanca ot the site or facility to solve tho purpose for which it was intonded for a minimum of len (10) years, or more as specified In tho Landowner Agroomont, after the final paymont unloss lho silo or facility Is rendered unusable for the purpose It was Intended by an act of nature. P. PROJECT FUNDING The total grant award providod by rho funding board/dike for this projoot shall not oxceod $304,103.00. The funding boardloffice shall not pay any amount beyond that approved for funding of the project. The sponsor shall be responsiblo for all total project costs that exceed this arttounl. Tho contribution by the sponsor toward work on Iltis project at a minimum shall bo as indlcatad bolow: Percentage Dollar Amount SRFB • Salmon Fedora! ProJoots 85.00% 5304,103.00 Projoot Sponsor 18.00% $53,665.00 Total Project Cost 100.00% 5357,708.00 0, RIGHTS AND OBLIGATIONS All Otte and oblgolions of the parties to this agreement are subject to this agreement and Its attachments, as now existing or hereaftor amoirded, Including the sponsor's application, proJoct summary, eligible reimbursement activities roporl, and project milestones, oil of which are Incorporatod heroin. Excopt as providod heroin, no amendmentldelolions of any of tho terms or conditions of Ihfs agreement will be effective unless providod In waling. All such amondmonUdctolione oxcepl those concerning the period of performance, must bo stgned by both parties. Porlod of porformance extensions neod only bo signed by RCO'o director or dosignoe. The sponsor has read, fully understands, and agrees to bo bound by all terms and conditions as sot forth In Illoso documents. Salmon Project Agreement - RCO 1109.14298 Chapter 77.85 RCW, Chapter 420 WAC PROJAOR.RPT Salmon Funding Accounts Pogo tor 14 i H. COMPLIANCE WITH APPLICABLE STATUTES, RULES, AND RCFD•SRFt3 POLICIES This agreement Is governod by, and tho sponsor shall comply wllil, all applicable stale and fedora) laws and mutations, Including Chapter 77.86 RCW, Chapter 420 WAC, and published agency poffclos, which aro Incorporated heroin by this rote:enco as II fully sot forth, I. SPECIAL CONDITIONS None J. FEDERAL FUND INFORMATION A portlon or all of tho funds for This project aro provided through a federal funding source. Funds provided from the US Dept of Commorco must bo reported under CFDA 1111.430 - Salmon Restoration and Award Number NAOONMF4300008 for fedora! Ilsoal year 2008. Funds provldod from the US Dept of Commorco must bo reported under CI-DA 1111.430 - Salmon Restoration and Award Numbor NA09NMF4300303 for Worst fiscal your 2000. If the sponsor's total federal expenditures are $500,000.00 or more during the sponsor's fiscal-year, tho sponsor Is roqulrod to have a federal singlo audit conducted for that year In compliance with Office of Managemout and Budget ClrcularA -133. A copy of the final audit report must bo provided to RCO vrlthIn nine months of tho and of lho sponsor' s fiscal year, unless a longer period Is agreed to In advance by tho cognizant or ov5rsighl agency. Failure to provide regiilred A•133 audlls will load to a'susponslon of payntonts and nay load to a suspension of RCO agreements. K. PROJECT AGREEMENT REPRESENTATIVE All written communications sent to the sponsor under this agreement will be addressed and dollvorod to: Protect Contaot SRFR Namo: Chris Andorson Remotion and Conservation Olflco Tltlo: Natural Resources Building Address: 26 W Main St PO Box 40017 Auburn, WA 00001.4908 Olympia, Washington 08604.0017 These addresses shall bo effective until receipt by ono party front the other of a written notice of any change. L. ENTIRE AGREEMENT This agreentenl, with ail amendments and attachments, constitutes tho ontlre agreement of tho parttos. No other understandings, oral or olhenvfse, rogording this agreement shall exist or bind any of the parties. M. EFFECTIVE DATE This agreement, for profit' 09.1429R, shall be offocllvo on signing by all pnrllos. Reimbursements for oligIbto and allowable costs incurred prior to Iho effective date and lhoso costs Incurred within Iho period of perlormance aro allowod only vrhon this agroentent Is signed by all parttos and an original Is rocotvod by RCO. The period of porformence Is Identified In soctlon D, Salmon Project Agreement - RCO 1f09.1420R Chaptor 77.86 RCW, Chapter 420 WAC PROJAOR.RPT Salmon Funding Accounts Page 2 of 14 The eigna(ore listed below represent :1 Warrant -th: r : orlty„ (o bind the parties to this agreement. City of Auburn By: Name: (printed) t c° Tiller t� State of Washington On behalf of the Salmon Recovery Funding Board (8RF8) Dato , APR " G 2010 By: DntoL _ Kaleen Coltingham Director, Recreation end Conservation Office By: Pre - approved as to form: /sf Date: April 1, 2009 Assistant Attorney General Salmon Project Agreement • RCO 1100 -14208 Chapter 77.05 ROW, Chapter 420 WAC PROJAQR.RPT Salmon Funding Accounts Pago3of14 i ,�Jtiwsauroron Burr "i Recreation and Conservation Office Standard Terms and Conditions of the Project Agreement Projoot Sponsor: City of Auburn Project Nuntborr 0g•1420R ProjootTltlo; Fenster Levoo Sotback &'Floodplaln Restoration It Approval Ditto: 12/10/2009 SECTION 1. CITATIONS, HEADINGS AND DEFINITIONS A. Any oltallons referencing speolflo 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 aro for reference purposes only and shall not bo considered a substantive part of this agreement. 0. Definitions. As used throughout this agreement, the following terms shalt have the moaning set forth below; aoqulehlon • The gaining of rights of ownership by purchase, negotiation, or other means, of fee or less Ihnn foe interests In foal properly. agreement -The accord accepted by all parties to the present transaction; tills agreement, any supplententalagreements, any amendments to this agreement and any Intergovernmental agreements. . applicant - Any egenoy or orgpnlzalton that meets the qualifying standards, Including deadlines, for submission of an application Soliciting a grant of funds from the funding board. appitoallon • 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 tho sponsor for the purpose of this agreement. This definition le restricted to non•f xed assets, Inofudtne but nol limited to vehicles, computers or machinery. cognizant or overelgl►t agency • Federal agency responsible for ensuring compliance with federal audit requirements. contractor - Shall mean one not In the employment of tho sponsor who is performing ell or pad of the eligible activities for this project undor a separate agreement with the sponsor. Tho torn "conlraolo?' and "contractors" means contractors) in any tier. corporate sponsor -Any corporate form of buslnos9, Including nonprofit organizations, tinder RCW 23, 2313 and 24. developmenUrenovatton • ConslrucUon of or Improvement of oho or silo facilities. dtreotor • The chief executive officer of rho Recreation and Conservation Office or that person's designee. elements end items - Components defined as part of tho scope of work, soo Section 26 B. ' funding board • The board that authorized the funds in This agreement, either the Remotion and Conservation Funding Board (RCFB) created under chapter 70A.26,110 RCW, or the Salmon Recovery Funding Board (SRFD) created undor chapter 77.88.110 RCW. landowner agreement • A landowner agreement is required betweon 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 projeot. period of performance • The lime period specified In the agreement, under Section D, period of podormdnce. post evaluation summary • One of the documents used to summarize and describe the actions t ndertakon In the agreement. project • The undortoking brat Is the subject of this agrooment and thal 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 • Tho slate office that provides adminislralivs support to the Recreation and Conservation Funding Board and Salmon Recovery Funding Board. RCO includes the director and staff, created by Chapters 70A,26.110 and 79A.26.160 RCW and charged with administering this agreement by Chapters 77.88.110 and 7911.28.240 ROW. rehnbursentent- Payment of eligible and allowable costs that have already bean paid by (he sponsor per the terms of the agreement. restoration/enhancement • Bringing a site back to its original funotion ae part of a natural ecosystem or Improving the ocologtcal funcllonalliy of a alto. sponsor -The eligible nppltoantwho has been awarded a grad of funds and is bound by This oxecuted agreement; includes Us 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, Ilia sponsor's application, and In accordence with the sponsor's proposed goats and objectives described In the eppticatton 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 Secttori 34. Timely completion of the project is Important. Failure to moot criUaol ntllootonos or complete the project, es set out In this agreement, Is a material breach of the agreement, Salmon Project Agreement - RCO 809 -1420R Chapter 77.88 RCW, Chapter 420 WAC PROJAGR.RPT Salmon Funding Accounts Pepe 4 of 14 SUCTION 3. ASSIGNMENT Neither Ibis agreement, nor any claim arising under this agreemont, shall be Transferred or assigned by the sponsorwflhout 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 We responsibility of the sponsor, The funding board undertakos no rosponsiblllltes to Tho sponsor, or to any third party, other than as is expressly sot out In this agroomonl. Tho responsibility for tiro 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 rotated in any way to iho project. SECTION 6. INDEMNIFICATION To the fullest extent perm8(ed by the law, the sponsor oxpressly agroos to and shall Indemnify, defend and hold harmloss the Stale and Ile agencies, officials, agents and employees from and against all claims, actions, costa, damages, or expenses of any nature arising out of or Incident to the sponsor's or any contractors performance or failure to perform tho agreomonl. Sponsors obligation to Indemnify, defond and hold harmless also Includes any claim by sponsor's agonts, ornployoos, reprosontahNes or any contractor or Ile employees. Sponsor's obligation to defond Includes payment of any costs or attorneys' loos. Sponsor% obligation alien not Include such claims that may be oausod by the sole negligenco of RCO, Its officiate, agonts, and emptoyeea. If the alaime or dantagos are caused by or rosuil from iho concurront negligence of (a) RCO, Ile agents or employees and (b) the sponsor, Ile contractors, agents, or employees, (his indemnity provision shall be valid and enforceable only to tiro extent of the negligence of the sponsor or Its contractors, agonts, or employees. The sponsor expressly agrees to waive hlslhar immunity under Title 61 RCW to the extent required to Indomnlly, dofond, and hold harmless tha state and Ile agencies, officials, agents or employees. SEOT(ON 8. INDEPENDENT CAPACITY OF THE SPONSOR Tlth Sponsor and Its employees or agents performing under this agreomont aro not officers, employees or agents of Tho 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 stato of Waehington, nor will the sponsor ntako any claim of right, privilege or benefit which would accrue to an employee under Chapters 41.08 or 28B ROW. Tho sponsor is responslblo for withholding andfor paying omptoyment taxes, insurance, or deductions of any kind roqutred by federet, state, and /or local laws: SECTION 7. CONFLICT OP INTEREST Notwithstanding any determination by the Exocutivo Elides Board or other Iribunal, RCO may, in lie sole discretion, by wrltlon notice to Tho sponsor terminate this agreement Ell Is found altor due notice and oxaminallon by RCO that Ihoro Is o violation of the Ethics In Publlo Service Act, Chaptor 42.62 ROW; or any similar statute Involving iho sponsor In lite procurement of, or performance under, this agreemont. In the event this agreement Is terntlnaled as provided above, RCO shall bo enllt(od to pursuo the samo remedies against iho sponsor as it could pursue In the event of a broach of the agreemont by the sponsor. (Ira rlgrrls and remedioe of RCO provided for In Ihls clause shall not be oxolustvo and aro in addition to any aura► rlghls and remedies provided by taw. SECT(ON E. ACKNOWLEDGMENT AND SIGNS A. Publications. Tho sponsor shall Include language which acknowtodgos iho funding contribution of lite applicable grant program to this project In any reloase or othor publication devolopod or modified for, or retorting to, the project. B. Signs. The sponsoralso shall poet signs or olitar appropriate mad(a at projoct onlrances end other locations on the project which acknowledgo the applicable grant program's funding contribution, untoss oxomptod In funding hoard policy or waived by iho director. C. Ceremonies, The sponsor shell notify RCO no tater than two weeks before a dadlcallon coromony for Oils project. The sponsor shall verbally ack►towledgo the applicable grant program's funding contribution at all dedication coremonles. Federally Fundod Projects. When issuing statomente, press roloasos, requosts for proposals, bid soltcllallone, and other documents describing a project funded In whoto or in part with federal money provldod for In this grant, sponsors shell ctearly state: 1. The percentage of iho total costs of iho project that is financed with federal money; 2. The dollar amount of federal funds fortho project; and 3. The percentage and dollar amount of the total costs of the project that Is financed by nongovernmontel'sources. O. Salmon Project Agreement -110009.1420R Chapter 77.86 ROW, Chapter 420 WAC PROJAOR.RPT Salmon Funding Accounts Pogo 64:414 i SECTION 9. COMPLIANCE WITH APPLICABLE LAW The sponsor will Implement tho agreement In accordance with applicablo federal, stale, and local laws, regulations and RCO and funding board pollctos. Tito sponsor shall comply with, and RCO is not responsiblo for dotormtning compliance with, any and all applicable federal, state, and local taws, regulattone, andlor policies, including, but not limited lo: Slate Envkonmontal Policy Act; industrial Insurance Coverage; Architectural Deniers AAi; permits (sitorollno, Hydraulics Project Approval, demolition); land ueo rogutallona (cabal areas ordinances, Growth ManagemenlAct); federal and state safety and health regulattons (Occupational Safety and Hoaith AdmInIslrallornIWashinglon Industrial Safety and Hook') Act); and Buy American Act. Endartgorod Species For habitat restoration projects fundod in part or whole with foderal funds administered by the SRFD Iho sponsor shall not commence with clearing of riparian trees or frt•woler work union either the sponsor has complied with 60 CFR 223.203 (b)(0), Ilmlt 8 or until an Endangered Species Act consultation is finalized In willing by the National Oceanto and Atmospherio Administration. Violation of tills requirement may be grounds for lormtnating this project agreement. This section shell not be tho basis for any enforcement responsibility by RCO. Nondlaorhnlnatton Laws The sponsor shall comply with all appttcabfe federal, slate, and foot nondtscrtminalron taws and /or policies, including but not Ilmitod lo: the Americans with Dlsabllillos Act; Civil RlghtsAct; and the Ago Discrimination Act. In the event of the sponsor's noncompliance or refusal to comply with any nondiscrintlnallon law or policy, the agreement may be rescinded, oancoltod, or tormtnated In whole or in part, and the sponsor may be declared tnelfgtblo for further grant wards front the funding board. The sponsor Is responsible for any and a0 costs or liability arising from tho sponsor's tailuro to so comply with applicable law. Prevalltng Wago The sponsor agroes to pay tho prevailing rate of wago to ell workers, laborers, ormechantcs employed In tho performance of any part of this contract when required by state law to do so, end to comply with the provisions of the Davis-Bacon Act, other (Worst laws and Chapter 30.12 ROW, as amended, and tho rutos and regulations Mho Doperiment of tabor and Industries. Rostrlollons on Grant Uso No patio( any funds provided undor tits grant shall be usod, other than for normal and recognized executtve•tegtsfative refattonshlps, 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 undor this grant shall ba 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 boforo the U.S, Congress or any slate legislature. SECTION 10, ARCHAEOLOGICAL AND CULTURAI. RESOURCES The real proporty wolfed, developed, renovated, or restored through !hie grant Is subject to Governor's Executive Order (E0) 05.08 or compliance with Section 100 of Itra Hatton' Hlstorlo Preservation Act concerning the review, analysis, and consultation with the Washington Slate Doparlrnont of Archaeology and Hisloao Preservation and Effie clod Tribos for archaeological anti cultural resources. The funding board requires documented compliance with E0 05.05 or Section 108 of the Nallonal Historic Preservation Act, whtclrever is applicable to the project, in the event that a federal agency declines to consult, the sponsor shay comply with E0 08.05. The sponsor must comply with E0 05.05 or the Nattonal Historic Preservation Act before [Misting ground disturbing ecUvlty. RCO will Issue a nollco to proceod (If applicable) whon appropriate documonlatlon has boon received. RCO will not retmbursa for construc(ton retatod activity until the sponsor demonstrates Compliartoo. in the event that archaeological or hlslorlo materials are discovered during project act1villos, work In Iho location of discovery and immediate vicinity must stop inslently, llte area must bo socurod, and noLI(lcatton ntust bo provided to Ilia following: concerned Tribes' cultural staff and cultural committees, RCO, and the Slate Depertmont of Archaeology end Historic Preservation. In the oven( that human remains aro discovered during project activity, work In the location of discovery and immediate vicinity must slop Instantly, the area must be eocurod, and notltcatlon provided to the conoerned Tribe's cultural slarf and cultural committee, ROO, State Department of Archaeology, the coroner and local law enforcement In the most oxpedltlous manner possible according to ROW 08.60. SECTION 11. HAZARDOUS 8UB8TANCEB A. Definition, "Hazardous substanco;' as donned In Chapter 70.1050.020 (11) ROW, means: 1. Any dangerous or extremely hazardous waste as defined in Chapter 70.105 010(8) and (8) RCW, or any dangeroua or extremely hazardous wasto doslgnatod by ruto pursuant to Chapter 70.100 RCW; 2. Any hazardous substance as donned In Chapter 70.105.010(14) RCW or any hazardous substanco as dented 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.8.0, Seo. 9601(14); Salmon Project Agreement - RCO 1109.14298 Chapter 77,88 RCW, Chapter 420 WAC PROJAOR.RPT Satmon Funding Accounts Pago0of14 4 4. Petroleum or polrofoum products; ano 0. Any substance or category of aubslancos, including solid waste decomposlllon products, determined by the director for director's designee) of Lilo department of ecology by rule to prosont a threat to human health or tho onvlronmont If released Into tho environment. 6, The term hazardous substanco does not fncludo any of the following when contained In an underground storage tank from which (here to not a rotoaso: Crude o11 or any fraction theroof or petroleum, if tiro tank Is In compliance with all applicable federal, slate, and local law. B. Certification, The sponsor shall Inspect, Investigate, and conduct an environmental audit of the proposed acqulslllon site for the presence of hazardous substances and certify: 1. No hazardous substances were found on the site, or 2. Any hazardous substances found havo been treated and/or disposed of In complianco with applicable state and fodoral laws, and tho site doomed `clean." C. Responsibility. Nothing in thls provtslon oilers Iho sponsor's duties and Ilabllittos regarding hazardous substances as set forth In Chapter 70.106D RCW. 0. Hold Harmless. The sponsor will defend, protect and hold harmless IWO and any and all of IN employees andlor agents, from and against any and all liability, cost (tnciudfng but not limited to all coats of defense and attorneys' fees) and any and all loss of any nature from any and all claims or sults resulting from the presence of, or iho roloaas or threatened rotoas° of, hazardous substances on tho proporty being acquired. SECTION 12. RECORDS MAINTENANCE The sponsor shall maintain books, records, documents, data and other evidence relating to this agreomonl and performance of the services described heroin, Including but not limited to accounting procedures and practices which sufficiently end property rohocl all direct and Indirect costs of any nature expended In the performance of this agreemonl. Sponsor shall retain such records for a period of six years from the dale RCO closes the project, Al no additional cost, those records, Including motorists generated under the agreement, shall be subject at all reasonable times to Inspocllon, review or audit by RCO, porsonnol duty authorized by RCO, the Office of lito State Auditor, and federal and state officials so authorized by law, regulation or agreement. if any litigation, claim or audit Is started beforo the oxptrotlon of Iho six (0) yonr period, the records shell be retained until all IIIlgalion, claims, or audit findings Involving the rocords have been resolved. SECTION 13. PUBLIC RECORDS Sponsor acknowledges than k° funding board Is subject to chapter42.60 RCW and that this agreement shall be a pubilo record as defined In chapter 42.68 RCW. Additionally, In compliance with ROW 77.66.130 (0), sponsor agrees to dtsctoso any tnformalton In rogarda to expenditure of any (undtng received from tho funding board. SEOTION 14. ACCESS TO DATA In compliance with chnptor 30.20 RCW, the sponsor shall provtdo access, when requestod, to data generated under this agreonrent to 1100, the Joint Leglstntive Audl( and Review Committee, and the Slate Auditor at no additional cost. This Includes access to all information that supports tho findings, conoluslons, and recommendations of tho sponsor's reports, Including computer models and methodology for those models. SECTION 16. TREATMENT OF ASSETS A. Assets shall romaln In tho possosston of the sponsor for the duration of the project or applicablo grant program. When the sponsor discontinues use of tho assot(s) for the purposo for which 11 was fundod, 1100 will require tho sponsor to deliver tiro aesot(s) to RCO, dispose Who asset according to RCO policies, or rolurn tho fair market value of the asset(s) to RCO. Assets shall bo used only for the purpose of tits agreement, unless olhenvlse provldod (roroin or approved by RCO In waling. B. Tho sponsor shall be responsible for any loss or damage to assets which results from tho nogltgonco of the sponsor or which . results from the failuro on the part of Iho sponsor to maintain and administer that essol In accordance with sound management practices. SECTION it RIGHT OF INSPECTION The sponsor shall provide right of access to the project to 1100, or any of Its officers, or to any other authorized agont or official of the slate of Washington or the fodoral govornment, at all reasonable times, In order to monitor and evacuate psr(ormanco, cornpllance. and /or quality aseurarice undor this agreenienL If a landowner agreement lies been executor], it will further stipulate and define the funding board and RCO's right to Inspect and access lands acquired or dovolopod with funding board assistance. SECTION 17. STEWARDSHIP AND MONITORING Sponsoregroos to perform monitoring and stowardship functions as staled In policy documents approved by the funding boards or 1100. Sponsor further agrees to utilize, whore appiicebfe and financially feasible, any monitoring protocols recommended by the funding board. , Salmon Project Agreement - RC01100.142011 Chapter 77.85 RCW, Chapter 420 WAC PROJAOR.RPT Salmon Funding Accounts Pogo 7 of 14 811CTION i8, DEBARMENT CERTIFICATION FOR FEDERALLY FUNDED PROJECTS 'Lowlier partldpants'refei to any 'veneer receiving a federal grant through RCO, Lovror tierpadicIpanls also refer to any granter, subgrantee, or contractor of any grantee or subgranlee from the originai sponsor funded by ROO. In this section, the sponsor certifies to RCO that neither they nor their subgrantees or suspended or debarred. Any grantee, subgrontee, or contractor of any grantee or eubgrantee from the original sponsor certifies lo 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 ogreenient, that neither (l nor its principals nor any other lower tler participants aro presently debarred, suspended, proposed for debarment, declared Ineligible, or voluntarily excluded from patlictpalton in this transaction by any Federal department or agency. The sponsor (prospective lower tier padlolpnnt) ohaif provide fmmodtato written notice to ROO If a1 any limo the prospective lower (ter padtofpant learns that its corllttcation 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 tower (tor, the sponsor (prospective lower der participant) agrees by signing lids agreement that It will verify that the person with whom It mils lower (ler participant intends to do busirrese Is not excluded or disqualified. The sponsor (prospective lower (ter participant) will do this by: A. Chocking the federal Excluded Parties Llst System (vnvvepls.gov) for thol person; or B. CotlocIfng a certification from that person; or 0. Adding a clause or condition to the covered lransactton with that person. The sponsor (prospective lower (ter participant) agrees by eignfng this agreement that It shall not knowingly enter Into any lower tier covered transaction with a person who Is debarred, suspended, doctared ineligible, or voluntarily excluded from participation in this covered Iranoacllor), unless authorized by the department or agency with which this transaction orlginated. A participant In a covered transaction may rely upon a cerlillcat(on of a prospective participant In a lower tier covered Iransacllon that It Is not debarred, suspended, Ineligible, or voluntarily excluded from the covered transaction, unless It knows that lire certification Is erroneous. SECTION 1g. PROJECT FUNDING • A. Additional Amounts. Tho funding board shall not bo obligated to pay any amount boyond the dollar amount as identified In Otte agreement, unless an addltlona( amount has been approved fn advance by the funding board or director and Incorporated by written amendment into this agreement. B. Before the Agreement. No oxpondlturo made, or obligation Incurred, by lire eponsor before Iho effective date of this agreement shall be eligible for grant funds, In whole or In part, unless specifically provided for by funding board policy, suoh as a waiver of retroactivity or program specific eligible pre•agroomont coals. The dollar amounts Identified In this agreement may be reduced as necessary to exclude any such expenditure from reimbursement. C. After the period of peitormance. No expenditure made, or obligation incurred, following rho period of performance shall be eligible, in whole or In part, for grant funds hereunder. In eddllton to any remedy the funding board niay have under this agreement, the grant amounts Identified In (his agreement shall be reduced to exclude any such expenditure from par(fctpatton. SECTION 20. PROJECT REIMBURSEMENTS A, Sponsors may only request reimbursement after eligible and allowable costs have already boon paid and remiUod to their vendors. 8. Compliance and Payment. Tho obllgatton 011100 to pay eny emounl(s) under this agreement le expressly condigoned on strict compliance wltlt the terms of this agreement by the sponsor. 0. Compliance and Rolalnago. RCO reserves the right to withhold disbursement of the final ten percent (i0°%o) of iho total amount of the grant to the sponsor until the project has been completed. A project 1s considered "complete" when: 1. An approved or required activities outlined In the agreement ore done; 2. ' On•slte signs are in place (I1 appllcoble); 3. A Gnat project report Is submitted to RCO; 4. Any ether required documents are complete and submitted to RCO, 6. A final reimbursement request la submitted to RCO; 8. The completed propel has been accepted by RCO; 7.' Final amendments havo boon processed; and 8. Fiscal treneactlons are compfote. D. Reimbursement Request Frequency. Sponsors are encouraged to send RCO a reimbursement request at (oast quarterly. Sponsors are required to submit a relmbursomenl request to RCO, at a ml»Imurn for onch project at least once a year for reimbursable activities occurring between July 1 end June 30. Sponsors must refer to current RCO policies and procedures regarding reimbursement requirements. Salmon Project Agreement- RCO 809.14298 Chapter 77.86 ROW, Chapter 420 WAC PROJA(tR.RPT Salmon Funding Accounts Pepe ori4 SECTION 21. ADVANCE PAYMENTS Advance payments of or in anitclpniton of goods or services to bo provided undor this agroomont are limited to grants approved by tho SRFB and must comply with SRFB polloy. Soo WAC 420.12.000 (5), 8E0TION 22, RECOVERY OP PAYMENTS In the event that tiro sponsor falls to expend funds undor tills agreement In accordance with stale and fedora! laws, andlor the provisions o11ho agroomont, RCO reserves the right to recover grant award funds in the amount oquivatonl to the extent of noncompliance In addition to any othor remedies available at taw 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 undor this recovery provision shall occur within 30 days of demand by RCO. Interest shalt accrue at the rate of twelve percent (12%) per annum from the lime that payment becomes duo and owing. SECTION 23. COVENANT AGAINST CONTINGENT FUSS The sponsor warrants That no person or selling agent has been employed or retetned to solicit or secure this agreement on an agreement or understanding for a commtsatort, percentage, brokerage or contingent fee, excepting bona fide employees or bona Ede established agents maintained by Iho sponsor for the purpose of securing businoss. RCO shall have the right, In the event of breach of this clause by Iho sponsor, to terminate this agreement without liability or. In Its discretion, to doduct from the agreement grant amount or constderetton or recover by other means the full amount of such commission, percentage, brokerago or contingent fee. SECTION 24. PROVISIONS APPLYING TO DEVELOPMENT/RESTORATION PROJECTS The following provlslons sholl be In force only If itie project described In this agroomont Is for dovolopmentlrestoialton of land or (aclittles for outdoor recreation, habitat conservation, or sermon recovery: A. B. C. Document Review and Approval. The eponso, wear to submit one copy of all development/restoralfon or construclion plane and specillcaltons to RCO for review. Revlow and approval by 1100 will bo for compllanco with tho terms of this agreement. Contract° for Davolopmont or Restoration. Sponsor shall award all contracts for construction, development or restoration using whatever method is appropriato and requited for the sponsor. • Contract Change Order. Only change orders that Impact (ho amount of funding or changes to lho scope of the project as described to and approved by the funding board or RCO must receive odor written approval, D. Control and Tenure. The sponsor must provldo docuntontallon (hal shows appropriate tenure (land owner agroomont, long form tease agreement, easement, or fde stmpta ownership) for the fond proposed for development or restoration. The documentation must moot cuuont RCO requlromonlo. E. Nondlscrlmtnallon. Except where a nondiscrimination clause required by a lodorol funding agency Is used, tiro sponsor siren Insert the following nondiscrimination clause In each contract for construction of lids project 'During 1110 performance of lids contract, the contractoragraes to comply with nU federol and state nondlscrinr /nnffon laws, rogulallorrs saripo11lclos.° F. Use of Beat Management Pracllces. Project sponsors are encouraged to use boat management practices developed as part of the Washington Slate Aquatio Habitat Guidelines (AHG) Program. The best management practices aro described In three documents: 'Stream Habllat Rostorotlon Guldolidos: Final Draft`, 2004; 'Design of Road Culverts for Fish Passage', 2003; and 'inlegrated'8lreembank Protection Guidelines', 2002. Theso documents and other Information can be found on the AHG wobstle. SECTION 25. PROVISIONS APPLYING TO ACQUISITION PROJECTS The following provlslons shall be In forco only if tiro project described In this agreement Is for the acquisition of Interest In real property (Including easomenls) for outdoor recreation, habitat conservation, or salmon recovery purposes: A. Evidence of Lend Vafuo. (3oforo dtsbursennont of funds by RCO es provided under this agreement, tie sponsor agrees to supply evidence to R00 that (ho cast of tiro properly rights acquired has been established according lo funding board policy. B, Evidence of Title. The sponsor agreos to show tiro type of ownership (mores( for Iho propody that has been acquired. This shell be done before any paymont of financial assistance. Legal Description of Root Property Rights Acqulrod. Tho legal description of the coat properly rights purchased with funding assistance provided through this project agroomont (and protected by a recorded conveyance of rights to the State of Washington) shall bo Incorporalod into Iho agroomont before final payment. D. Convoyanco of Rights (o rho Mato of Washington. Document securing tong•term rights for (ho Slate of Washington. When real proporly rights (both tee simple and fesserinterests) aro acquired, Iho sponsor agrees to execute an appropriate documont convoying certain rights and responsibilities to RCO, on behalf of Iho State of Washington. Theso documents Include a Deed of Right, Aaslgnmont of Rights, Easomenls and Leases. Tho sponsor agreos to use documont fonguago provided by 1100, to record the executed document In the County whore rho roal properly Iles, and to provide a copy of the recorded document to RCO. The documont required will vary depending on the project type, the real property Olds being ocqutred and whether or not those rights are being acquired In porpatuity. C. Salmon Project Agreement • RCO 1100.1429R Chapter 77'.88 RCW, Chapter 420 WAC PROJAGR.RPT Salmon Funding Accounts Page eof14 i F. G. 1, Dead of Rfghl. The Deed of Right conveys to the people of the stalo of Washington the right to proservo, protect, and/or use the property for publlo purposes consistent with the fund source. Sponsors ehaU use this document when acquiring real proporly rights that include the underlying land. This document may also bo applicable for those easements where the sponsor has acquired a perpetual oasemont for pubito purposos. 2. Assignment of Rights. The Assignment of Rights document transfers certain rights such ns access end enforcement to RCO, Sponsors shall use this document when an easement or lease is bolng acqutrod for habitat conservation or salmon recovery purposes. The Assignmonl 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 dimity into the eaeemonl or lease document, litoreby eliminating the requirement for a separate document. Language will depend on the situation; sponsor must obtain RCO approval on the draft language prior to executhig the oasemont or loase. Real PropertyAcqulslllon and Relooallon Assistance 1. When federal funds ere pall of this agreement, the Sponsor agrees to comply with the terms and conditions of tho Uniform Retocatlon Assistance and Real Property Acquisition Policies Act of 1970, 84 Slat. 1804 (1070).•Pubiio Law 81.046, as amended by the Surface Transportation and Uniform Relocation Assistanco Act, PL 10047 -1007, and applioabfo regulations and procedures of the federal ngonoy impiomonling that Act. 2. When state funds aro part of this ngroomont, lho sponsor, If required by law, emcee to comply with tiro forms and conditions of the Uniform Rolocation Assistance and Ito al ProportyAcquisition Policy of the Stato of Washington, Chapter 8.26.010 ROW, and Chapter 400.100 WAC. 3. Housing and Relocation. In the event that housing and refocatton costs, as required by federal law sof out in subsocllon (1) above and /orafnle law sot out In subsection (2) above, are lnvolvod to lho execution of this protect, the sponsor agrees to provide any housing and rolocatlon assistance required. Buildings and Structures. In general, grunt funds aro to be used for outdoor rocrontton, habitat consorvatlon, or salmon recovery. Sponsors agree to romovo or demolish inollglblo structures. Sponsors must consult RCO regarding compliance with section 10- Archaeological and Cultural Resources bolore structures are removed or demolished. Archaeologtoal and Cultural Resources. The sponsor agrees that any real properly Interests acquired undor this agreement, II to be developed In the future, Is subject to section 10 (Archaeological and Cultural Rosouroes) prior to any ground disturbing activity. SEOTION 28. RESTRICTION ON CONVERSION OF REAL PROPERTYAND!OR FACILITIES TO OTHER USES The sponsor shall not at any lints convert any real proporty or facility acquired, developer), and/or restored pursuant to this sgroament to Uses other than those purposos for which funds wore approvod without prior approval of tho funding board In compliance with eppUcable statutes, rules, end funding board poltcloe. It is the lntont of the funding board's conversion policy, current or as amended In the futuro, that all real property or facilities acquired, developed and/or restored with funding assistance remain in the publlo domain In perpetuity unless othenvlse Identified In the agreement or as approved by the funding board. When a conversion has been determined to have occurred, the sponsor Is requlrod to remedy the conversion nor oslabtishod funding board policies. A. A conversion occurs when one or more of the following has tekon piece, whether affecting an onlfro site or any porilon of a site funded bythe funding boards. 1. Convoygnce. Proporly Interacts are convoyod forpurpoaos inconsistent with lira original grant toques!.. 2. Conveyanco to ineltgible Third Party. Property tntoroste aro convoyod to a Hard pally not otherwise eligible to receive grants In Ile program from which funding was derived. 3. Non•ollglbto Uses. A use occurs that Is Inconslstentwtlh the original grant request. 4. Non•eliglbls Facilities, Non.ellgibto facilities are dovolopod within the projocl area. 6. Termination of Publlo Uso. Whon publlo use, as doscribod in !Ire original grant request, Is tomporarlly or pormanenlly terminated or oxdudad. 6. Environmental Functions. For habitat protects, If the property acquired, restored or enhanced no longer provides lho environmental functions for whtch funding board grants were origrnarly approved. Salmon Project Agreement • RCO 1109 -14298 Chapter 77.86 RCW, Chapter 420 WAC PROJAOR.RPT Salmon Funding Accounts Page10of14 B. Changing a project's elements and Items. When approved by the funding board or director, certain elements and Items may be deleted from tho agreement without being considered a conversion. In the following instances the board may authorize changes without invoking the requtzoment to replace the elements and hams. Such deletions are allowed when the funding board or director determines that tho elements and Items are not needed or cannot bo retained duo to ono or more of the following conditions: 1. Obsolescence 2. Extraordinary vandalism 3. Ards of Nature 4. Designed life expectancy reached 0. Fire 8. Permit requirements that disallow spool%o elements 7. Reversion Order Waned Trolls System Act 8(d), 16 U.S.C. § 1247(d); WAC 280 -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, aro built, operated, used, and maintained: A. According to applicable federal, elate, and local laws and regulations, Including publlo health standards and building codes. B. In a reasonably safe condition for the project's Intended use. C. Throughout he estimated lifo so as to provont undue deterioration. D. In compliance with all federal and stale nondiscrimination laws, regulations and policies. Facilities open to the publlo must: A Be constructed and maintained to meet or exceed (ho minimum requirements of tho most current local or stale oodos, Uniform Federal Accessibility Standards, guidelines, or rules, Including but not limited to: the International Building Code, tho Americans with Disabilities Act, and the Architectural Barriers Act, as updated. B. Appear attractive and inviting to the nubile except for brief Inslafiallon, construction, or maintenance periods. C. Be avntiable for use at reasonable hours and times of tho year, according to the type of area or facility. SECTION 28. INCOME AND INCOME USE A. Income. 1. Compatible source. The source of eny income generated In a funded project or project area must ba conrpallbto 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 foes are consistent with Ilto: (a) Value of any service(e) furnished; (b) Value of any opportunities furnished; and (o) Prevailing range of public fens in the stale for the activity Involved. Excepted aro Firearms and Archery Range Recreation Program safely classes (firearm and /or hunter) forwhlch o (acuity /range fco must not be charged (Chapter 70A.26.210 RCVV). B. Income use. Regardless of whether Income or fees In a project work site (inchultng entrance, utility corridor permit, canto grazing, limber harvesling, farming, eta) aro gained during or after (he reimbursement ported cited in the agreement, unitise precluded by stale or federal Iaw, 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 tho facility or program assisted by (110 funding board grant; 4. The expense of operation, maintenance, stewardship, monitoring, and/or repair of outer similar wills In the sponsor's system; and /or a, Capital expenses for similar acquisition and /or development. 3E071014.29. PREFERENCES FOR RESIDENTS Sponsors shall not e,fpress a preference for users of grant assisted projects on the basis of restdenco (Including preferential reservation, membership, end /or permit systems) except that reasonable differences In admission and other foes may be maintained on the basis of residence. Even so, the funding board discourages the imposition deferential fees. Fees for nonrestdonls 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 foo shall not exceed the amount that would be Imposed on residents at comparable state or local public facilities. 1 • Salmon Project Agreement - RCO 000.1420R Chapter 77.86 RCW, Chapter420 WAC PROJAOR.RPT Salmon Funding Accounts Page 11 0114 s SECTION 30. PROV(S10N8 RELATED TO CORPORATE: (INCLUDING NONPROFIT) SPONSORS A corpordte sponsor, including any nonprofit sponsor, shall: A. Maintain corporate status with the slate, Including rogislering with Iho Washington Semler); of Slate's oH)co, throughout tho sponsor's obligation to tho project as tdontined In the agreement. B. Notify RCO prior to corporate dissolution. Within 30 days of dissolution the sponsor shall name a qualified successor that will ogreo In writing to assumo any o•going roject rasponstblllllos. A qualified successor Is any party eliglblo to apply for funds in the subject grant program and capable (I/complying with the terms and condlttons of tiffs agreement. RCO will process an amendment transferring the sponsor's obligation to the qualiflod successor If requhonlents are met, C. Sites or facilities open to the publlo may not require exciustvo uso, (e.g., members only). 8EOTION 31, LIABILITY INSURANCE REQUIREMENTS FOR ItIREARMB AND ARCHERY RANGE SPONSORS A. The sponsor of a firoarnta or archery range rocreatton project shall procure an endorsement, or olhor addlllon, to liability Insurance 11 may currently carry, or shall procure a new polioy of liability insurance, fn n total coverage amount the sponsor deems adoqunto to ensure It will have resources to pay successful claims of persons who may be killed or Injured, or suffer damage to properly, white prosont at the range facility to whtch this grant Is related, or by reason of being In tho vicinity of that funny; provided that Iho covorago shall be al toast ono million dolfors ($1,000,000) for tho death of, or injury to, each person. The ilabillly Insurance policy, Including any endorsement or addition, shall name Washington Slate, the funding board, and RCO ap additional insured and shall bo In n form approved by iho funding board or director. C. Ttte policy, endorsofnent or otlror addition, or a similar liability insurance policy melting the requiromenle of this section, shell bo kept In force throughout the sponsor's obligation to tho project as Identified in this agreement. The polioy, as modified by any ondorsomont or oihor addition, shalt provldo 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) • Defender days following any termination of the policy by Iho sponsor. E. The roqulromont of Subsection A through D above shall not apply If the sponsor Is a federal, slate, or municipal governmont which has established a program of selfdnsurnnce or a policy of sell insurance with respect to claims arising from ifs facilities or activlttos goneralty, Including such facilities as firearms or archery ranges, when the applicant doclarea and describos that program or pollcy as a pad of Its application to tho fundlno board. F. By this requirement, trio tundtng board and RCO does not assumo any duly to any Individual person with respect to death, Injury, or damage to property which that parson may sufferwhito prosent al, or In the vicinity of, the facility to which this grant relates. Any such porson, or any other person making claims based on such doalh, injury, or damage, must look to the sponsor, or others, for any and all romodies that may bo avallabte by law. B. D. SECTION 32. REQUIREMENTS OF THE NATIONAL PART( SERVICE lithe projec(( has boon epprovad by (hp National Pork Swvtco, US Department of the Interior, for funding osefstance from the fodorat Land and Water Conservation Fund (LWCF), the 'Project Agreoment General Provisions' In the LWCF Stele Assistance program Federal Financial Assistance Manual are also made part of this agreement, The sponsor shall abide by these LWOF Genoa's! Provisions as tI,oy now exist or aro hereafter emended. Further, the sponsor agreoa to provldo RCO with reports or documents needed to meet tho roqulromonls of tho LWCF Gonorat Provisions. . BBOTION 33. FARMLAND PRESERVATION ACCOUNT . For projects funded through the Washington W,IdIIfo and Rocrealfon Program Farmland Preservation Account, the following sections will not apply 11 covered separatoty in a recorded RCO approved Agricultural Consorvalion Eamon!. 0 Section 8- Acknowtodgomont and Signs, • ' Soctton 11 • Hazardous Substances, • 8oction 17 • Stewardship and Monitoring • Section 28 - Restriction on Conversion of Root Properly and/or Facilities to Other Uses, and • Ssclton 24 • Provisions Applying to Acquisition Protects Bub- seollons D, I;, F and 0. SECTION 34. ORDER OF PRECEDENCE This agreement is entorod into, pursuant to, and under the authority granted by applicable federal and slate taws. The provisions of the agreement shall bo construed to conform to thoso laws. In tho event of an Inconsistonoy in the torms -of this agreement, or between Its toms and any applicable etalulo, rule, or policy or procedure, tho Inconsistency shall be resolvod by giving precedence In the following order: A. B. C. 0. Applicable federal and /or stato statutes, rogulotions, policies and procedures Including RCO /funding board policies and procedures, applicebto (adorer Office of Marragontanl and Budget (OMB) clrculars and federal and elalo oxocutive orders; Project agreement including attachments; Speclat Conditions; Standard Terms and Conditions of tho Project Agreement. Salmon Proleot Agreement - RCO I/09.1420 R Chapter 77.86 ROW, Chapter 420 WAC Obn1AAO or Salmon Funding Accounts Paso 1a of 14 SECTION 36. AMENDMENTS This agroomont may bo omonded by nttnluol agroomont of tiro parties only. Such amondmonts shall not bo binding unless they are In willing and atoned by personnel authorized to bind each of lire parties. Period of performance oxtonslons and minor scope adjustments need only be signed by RCO'e director or designee. SECTION 38. LIMITATION OF AUTHORITY Only RCO or RCO's delegate by writing (delegation to be made prior to action) shall have the oxpross, imolted, or apparent authority to alter, amend, modify, or walvo any clause or condition of Ibis agreement. Furthermore, any alteration, amendment, modification, or waiver of any clause or condition of ibis agroomont Is not effective or binding unioss made In writing and signed by RCO. SECTION 37. WAIVER OP DEFAULT Waiver of any default shalt not be deomod to be a watver of any subsequent default. Waiver or breach of any provision of Oho agreement shall not be doomed to bo a waiver of any other or subsequent breach and shall not be construod lo bo a modification of Ilse terms of the agreemont unless slated to be such In writing, signed by the dlroolor, or Oho director's designee, and attached to the original agreemont. 8ECTION 39. APPLICATION REPRESENTATIONS •• MISREPRESENTATIONS OR INACCURACY OR BREACH The funding board and RCO rely on Iho sponsor's application In making Its determinations as to eligibility for, soloctton for, end scope of, funding grants. Any misrepresentation, error or fnaccuracy In any part of the application may be doontod a breach of this agreement SECTION 30. TERMINATION ANb OTHER REMEDIES Tito funding board and ROOM!! require sirict compliance by the sponsor with all tho forms of tide agreemont including, but not IImlled to, the requlremenls of the applicable statutos, rotas and all funding board and RCO policies, and with the representations of tho sponsor in its application for a grant as finalty approved by the funding board. The funding board or the director may Suspend or torminato the obligation to provide funding to the sponsor under this agreement: A. In the event of any broach by tho sponsor of any of the sponsor's obligations under tide agroomont; or U. If the Sponsor falls to make progross satisfactory to Oho funding board or director toward completion of tho project by the completion date set out In lhts agreemont. Includod In progress Is adherenco to mngstones and other dented deadlines. In the event this agreement Is torminalod by (ho funding board or director, under this section or any other suction after any porlton of the grant amount has been paid to the sponsor undor this agroomont, tho funding board or director may requtro Mal any amount paid be repaid to RCO for redoposlt into tho account from which the funds wero dorivod. The funding board and RCO may enforce this agroomont by the remedy of spocitto porformance, whtch usually will mean completion of the project as describer) In this agreement. However, the remedy of specific porformanco shall not be the sole or excluslvo romody available to RCO. No remedy available to lire funding board or RCO shall ba deemed exctuslvo. The funding board or RCO may elect to exorcise any, a combination of, or all of the remedtos available to It under this agreemont, or under any provision of law, common law, or equity. SECTION 40. NON•AVAILABiLITY OF FUNDS If amounts sufficient to fund iho grant made under this agroomont aro not appropriated by the Washington Slate Logisisture, or If such funds aro not aflocalod by tho Washington Stale Oftico of Financial Managomont (OFM) to RCO for expenditure for this agreement In any biennial fiscal ported. RCO shall not bo obilgatod to pay any remaining unpaid portion of Ibis grant unioss and until . tho necessary action by the Legislature or OFM occurs. If RCO participation is suspanded undor this section for a conllnuous ported of one year, RCO's obligation to provide any fuluro funding under This agroomont shall terminate. Terminatlon of the agreement under Ihls section Is not subject to appeal by the sponsor. SECTION 41. TERMINATION FOR CONVIINIENCE • Except as othenvise providod in this agraemenl, RCO may, by ten (10) days written nottce, Winning on the second day aflor Iho mailing, terminate lhle agreement, in whoto or In part. If this agroontent Is so terminated, RCO rattail be (table onty for payment required under Oho terms of Oils agreement for sorv(cos renderod or goods delrvotod prior to Ibo olfoollve dale of torm►nallon. Salmon Project Agreement - RCO 1109 -1420R Chapter 77.85 ROW, Chnplar 420 WAC PROJAOR.RPT Salmon Funding Accounts Pao 13 of 14 1 SECTION 42, DISPUTE NEARING Except au may olhenvlse be provided In this agreement, when a dispute arlsos betweou the sponsor end the funding board, which cannot be resoived, either party may request a Maputo hearing according to Iho process sal out In this suction. Either party's request for a dispute hearing must bo In writing and clearly slate: A. Tho disputed Issues; B. Tho rotative positions of the partlos; C. The sponsor* name, addroes, project IIUo, and tiro assigned project number. In Order for this section to apply to lha resolution of any speclllo drsputo or dispulos, the other party must agroo In writing that tho procedure under this section abaft bo used to resolve those specific lssuos. Tho dispute shall be hoard by a panel of throe persons consisting of one person chosen by lho sponsor, ono person chosomby the director, and s Third person chosen by the two persona InWUaIiy appolntod. If n third poison cannot bo ngrood on, the Ihlyd person shall be chosen by the htndhtg board's chair. Any hearing under this section shall bo Informal, with the apeciloprocessos to be dotorntlnod by the dispulos panel according to lire nature and complexity of Iho intros involved. Tho procosa may be solely based on written material litho particle so agree. The disputes panel shall bo governed by tine provisions of tits ogrcamenl in deciding the disputes. The parties shall be bound by Iho deciston of Ilia disputes panel, unless the remedy directed by that panel shall be without tiro 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 mallod to the other party. Tho roquost shall bo delivered or Mailed within lhhty (30) days of the date rho requesting pally has rccolvod notice of lho action or positron of the other party which It wishes to dlaputo. The written agroomont to use the process under this section for resolution of those issues shall be delivered or malted by tiro receiving party to rho requesting party within Thirty (30) days of receipt by the roceiving party of the request. All costs associated with the implementation of Ibis process shall be shared equally by the parties. SECTION 43. ATTORNEYS' FI:f18 In the avant of litigation or other action brought to enforce contract tortes, oaoh party ngreos to boar Its own altornoy foes and costa. SECTION 44. GOVERNING LAWNENUE This agreement shall be construed and lntorproled In accordance with Iho lawn of the Slate of Washington. In the oven! of a lawsuit involving title egroomonl, venue shall bo proper only In 1 hurslon County Superior Court. Tho sponsor, by execution of this agreement acknowledges the jurisdiction of Tiro courts of the Stale of Washington. In the easos where lhla agreement Is botwoon the funding board and a federally recognized Indian Tribe, the following governing law/venue applies: • . A. 13. The Stato of Washington agroos that It shall Initiate any lawsuit against a fodorally recognizod Indian Tribe arising out of or rotating to the performance, breach or onforcement of this agreement in Fedora! Court. httorprotalion ehnll bo according to Iho law of lho Mato of Washington. In lho ovent that Iho Federal Court dolerminos that it lacks subject matter jurisdiction to resolve Iho dispute between Iho Slate and Tribal Party, lion the padies agree to venue In Thureton County Suporior Court, but the parties agree that (he matter shall not be pursuod in superior court unless there is a Federal Court determination that It lacks subject matter jurisdiction. Any judicial award, detorminollon, order, decroo or olltor relief, whether In law or equity or otherwise, resulting from tiro action shall be binding and enforceable on Iho parties. Any money 'liftmen( or award against a Tribe, Idbal officer° and members, or the Slate of Washington and Its officers and employoos may exceed the amount provided for In Section F- Project Funding oldie Agreement in order to sallsfy the judgment. C. The Tribe hereby waives Jls sovereign Immunity as necessary lo give effect to this section, and to the Impienmentaiion of any judgmont. Thla waiver Is only for tho bonollt of tho Tribe end Stole and shall not be enforceoble by any thud party or by any assignee or delegate of the parties. in any enforcoment action, rho pontes shnil boar their ova enforcement casts, Including attorneys' fees. SECTION 40. 8RRVIIRABiLITY The provisions of this agrocntonl aro Intended to be severabio. if any terns or provision is illegal or invalid for any reason whatsoever, such Ulogallly or hwalnda)? shall not affect Oro validity of Iho remainder of the agreement. Salmon Project Agroornont - RCO if 09.1429R Chapter 71.86 ROW, Chapter 420 WAO PROJAOR.RPT Salmon Funding Accounts Page 14of14 i Salmon Program Federal Recovery Projects Post•Pvatuatlon Project Summary TITLE: Fenster Levee Setback & Floodplain Restoration 11 NUMBER: 09.1429R STATUS: Board Funded (Restoration) SPONSOR: City of Auburn EVALUATION SCORR: BOARD RANKING: 008T8: Salmon Federal Projects Local Total SPONSOR MATCH: $304,103 66% Appropriation t Cash $53,686 16% Grant - Local $367,788 100% DESCRIPTION: The site is adjacent to the downstream end of an Intact two•mito long riparian corridor along the Green River within the Fenster Nature Park (Auburn) and the Auburn Narrows Natural Area (King County) and Is adjaconl to two SRFB funded restoration projects. This proposal entails setting back the final approximately 880-foot long segment of the Fenster Levee that has not already been set back from Ile oxlsling location at the top of tfie bank in order to restore lnstream, riparian and floodplaln habitat. This levee setback project would complete years of work by the city and the county to set back or completely remove all of the levees within a two -mile stretch of high quality habitat between thls proposed project site and the SR -18 bridge. The area is largely vegetated by deciduous trees (some of which are relatively mature) and shrubs. An existing Swale Iles landward of the current levee prism, which Is immediately adjacent to the river bank. As a resell, the foodptaln Is disconnected from tho river and cannot serve as off- channel habitat or help to attenuate fast water velocities during floods when largo.numbers of juvenile aahnonlds including ESA-listed Chinook and steelhead aro either incubating or rearing In this part of the Green River. This segment of the Green River Is also heavily used by several species of satinet' and trout for spawning and migration. After construction of tho levee setback, the site will be replanted and montlored by the Veteran's Conservation Corps in partnership with the City of Auburn. LOCA710N INFORMATION: Green, River Fenster Levee, City of Auburn COUNTY: King LEAD ENTITY ORO: WRIA 9 LE (King County) WItIA: Ornvonrish•Greon (9) GOAL a ORJEOTIVE: The goal of the project Is to Improve Inslream morphology and habitat in salmon bearing streams. The objective of the project is to increase Insiream cover, spawning, and resting areas. SALMON INFORMATION: (' Winton prtmnry) Sneoloe Tarnetert Bull Trout Chinook (Threatened (08108))" Chum (Not Warranted (08106)) Coho (Species of Concern (06106)) jfnbftat Pastors Addresser] Biological Processes Channel Conditions' Floodplain Conditions Cutthroat Pink Sockeye Steelhead (Proposed Threatened (06/08)) Riparian Conditions Stroombed Sediment Conditions Water Quality FISCAL Y8AR: 1PAPSUMY.RPT 2010 IDATF. PRINTED: March 8, 2010 Fonder Levee 8olbaok & Floodplain Restoration II 1 4oeom R17 Obi n......• 1 ......., o..u...•r. 0 er.....r..r.r.. n....r...n... 11 it tvnsnwcrorr rrait Recreation and Conservation Office Salmon project Agreement Salmon Funding Accounts Projeot Sponsor CI[y of Auburn ProJoot Tillo: Fenster levee Setback & Floodplaln Restoration 11 ProJoot Numbor :09 -1429R Approval Uato:12(1012000 A. PARTIES OP THE AGREEMENT This project grant agroomont (agroomont) Is ontored Into between the State of Washington by and through rho Salmon Rocovery Funding Board (SRFB), P.O. Box 40017, Olympia, Washington 98604.0017 and City of Auburn (sponsor), 26 W Main S1, Auburn, WA 98001.4998 and shall bo binding on the agents and all persons acting by or through the parties. 13. PURPOSE OF AGREEMENT This agroomont sots out the terms and conditions by which a grant is made from the Salmon Funding Accounts of llro Stato of Washington. The grant Is administorod by rho Recroallon and Conservation Grace (RCO) to the sponsor for - the project named abovo. C. DESCRIPTION OF PROJECT ' The subject projoct Is doscrtbod on the altacrrod projoct summary. D. PERIOD OF PERFORMANCE The protect reimbursement period shall begin on December 10, 2009 and end on Decembor 31, 2013. No oxpendtlure made before or after this period Is oiigiblo for roimbursomont unless incorporated by written amendmont Into This agroomonl or spoclfcally provided for by funding board /office policy. Requests for lime extensions are to be mado at toast 60 days before the agreement end dato. If a request for n limo extension is not mado at least 80 days before the agroomont end date, the request maybe dented. If (ho request Is mado after the agreement and date, the time extension will he donlod. E. ON-GOING OBLIGATION Tiro Project Sponsor's ongoing obligation for the obove project under this Agroomont is to provido maintenance ()tithe site or facility to solve the purposo for which it was intended for a minimum of len (10) years, or more as specified In rho Landowner Agroomont, after the final paymont untoes tiro slto or,facilily is rendered unusable for the purpose It was Intended by an act of nature. P. PROJECT FUNDING Tito total grant award provtdod by the funding boardlolico for this projoct shall not oxceod $304,103.00. The funding board /office shall not pay any amount beyond that approved for funding of the project. Tho sponsor shall be responsible for all total project costs that exceed this amount. Tho contribution by lino sponsor toward work on this project at a minimum shall bo as indicated botow: Percentage Dollar Amount 8RF8 • Salmon Federal ProJeots 85.00% $304,103.00 Projoot Sponsor 10.00% $63,666.00 Total Project Cost 100.00% $367,768.00 0, RIGHTS AND OBLIGATIONS All rigida and obligations of the parties to this agreement aro subloct to this agreement and Its attachmenis, as now existing or hereatior amended, Including the sponsor's opplicatton, projoct summary, eligible reimbursement acihrilles roporl, and project milestones, ell of which are incorporated horoln. Except as provided horoln, no amendmenUdetoliona of ony of tho forms or conditions of Ilrls agreement will be effocltve unless provided In writing. All such nmondmont/dolotions except those concerning the period of performance, must bo signed by both parties. Period of performance extensions need only bo signed by RCO's director or dostgnoo. The sponsor Iles road, fully undorslonds, and agrees to be bound by all forms and conditions as set forth in those documents. Salmon Project Agreement- RCO 1109.1429R Chapter 77.86 RCW, Chapter 420 WAG PROJAOR,RPT Salmon Funding Accounts Pogo' or 14 H. COMPLIANCE WITH APPLICABLE STATUTES, RULES, AND RCF13 SRFt3 POLICIES Tide agreement Is governed by, and tho sponsor shall comply will), all oppllcable state and fodorol laws and mutations, Including Chapter 77,05 RCW, Chapter420 WAC, and published agency pollctos, which aro Incorporated heroin by this reference as If fully sot forth. 1. SPECIAL CONDITIONS None J. FEDERAL FUND INFORMATION A portion or all of tho funds for thls protect aro provided through a foderal funding source. Funds provided from tho US Dept of Commerce must bo reported under CFDA 1111.430 - Salmon Restoration and Award Number NAOONMF4300008 for foderal fiscal year 2008. Funds provided from the US Dept of Connnorco must Go reported under CFDA 1/11,430 • Salmon Restoration and Award Numbor NAO9NMF4300303 for foderal fiscal year 2009. If the sponsor's total federal expondilures aro S500,000.00 or more during the sponsor's fiscal -year, rho sponsor Is raqulrod to have a federal singlo audit conducted for that year in compliance with Oftice of Managemont and Budget CirculerA•133. A copy of the final audit report must bo provided to RCO within nine months of the and of tho sponsor' s fiscal year, unless a longer period Is agreed to In advance by the cognizant or ovlirsight agency. Failure to provide required A•133 audits will toad to a'susponslon of payments acid niay load to a susponston of RC° agreements. K, PROJECT AGREEMENT REPRESENTATIVE) All written communications sent to the sponsor endor(his agreement MI be addressed and dollverod to: Proloot Contact Homo: Tilto: Address: Chris Anderson 25 W Maln St Auburn, WA 08001.4908 SRFB Recroallon and Conservation Oifico Natural Resources eulld(ng PO Sox 40917 Olympia, Washington 08504.0017 Those addresses shall bo effective until receipt by ono party from the other of a written notice of any change. L. ENTIRE AGREEMENT This agreement, with all amendmonte and attachments, constitutes the entire agreement of tho parttos. No other understandings, oral or otherwise, rogarding this agreement shall exist or bind any of the parties. M. EFFECTIVE DATE This agreement, for project 00.1429R( shall be offocllvo on signing by all parttos. Relmbursements for oligibto and allowable costs Incurred prior to (Ito offectivo dale and lhoso costs Incurred within tho period of porlorntance are allowed only when This agreement Is signed by all parties and an original is received by RCO. The period of po:formence Is Identified In socllon D. Salmon Project Agreement - RCO ft09.1420R Chaptor 77.86 RCW, Chapter 420 WAC PROJAOR.RPT Salmon Funding Accounts Pege2of14 The elgnalors listed below represent =. warfaMHh: Ir : orityt,fo bind (ho parties to this agreement. City of Auburn Sy: Cato. Name: (printed) Titter l� iI ■ a vvuv. State of Washington On behalf of the Salmon R000very Funding Board (8RF8) By: Kaleen Collingham Director, Recreation. end Conaervatlon Office By: Pre - approved as to form: /of Assistant Attorney General APR •' G 2010 DPlos Date: April 1, 2009 Salmon Project Agreement • RCO 1109 -1420R Chapter 77.05 RCW, Chapter 420 WAC PROJAOR.RPT Salmon Funding Accounts Pogo 3.3f 14 VASH11I0r011 STATt Recreation and Conservation Office Standard Terms and Conditions r of the Project Agreement Projoot Sponsor: Clly of Auburn Projoot Number : 00.14208 Projoot Tlllo: Fenster l.evoo Setback &'Floodplaln Restoration 11 Approval Date: 12/10/2009 SECTION 1, CITATIONS, HEADINGS AND DEFINITIONS A. Any citations referencing specific: documents refer to the current version at lho date of protect agreement and/or any revisions In the future, B. Headings used In This agreement aro for reference purposes onfy and shell not be cansidered a substantive part of this agreement. C. Definitions. As usod throughout lhls agreement, rho following terms shall have the moaning set forth below: acquisition • The gaining of rights of ownership by purchase, negollallon, or other means, of fee or less Ilten fee interests in real - property. agreement - The accord accopted by all parties to the present transaction; this agreement, any supplemental agreements, any ab ondments to this agreement and any intergovernmental agreement°. • appltoant - Any agency or orgenizalton that meets the qualifying standards, including deadlines, for eutnnisalen of an appltcstlon soliciting a grant of funds from the funding board. appltoatton • Trio forms and support documents approved by the funding board or lis director for use by applicants in soliciting protect funds administered by RCO. asset - Equipment purchased by the sponsor or acquired or transferred to tlio sponsor for tie purpose of this agreement. This definition is restricted to non•tlzod assets, Including but not limited to vehicles, computers or machinery. oognfzent or oversight galley • Federal agency responslble for ensuring compliancewllh federal audit requirements. oontraotor- Shall mean one not In the employment of tho sponsorwho is porforming 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 bustnois, Including nonprofit organizations, under RCW 23, 2313 and 24. dovolopmentkonovatton - Construction of or Improvement of ello or silo facilities. dlrootor • The chtet executive officer of tho Recreation and Conservallon Office or that person's designee. etentonte and Items - Components defined as part of the scope of work, sco Section 26 B. ' funding board • The board that authorized the funds In This egroomenl, either tho Recreation and Conservalton Funding Board (RCFB) created under chapter 79A.26.110 ROW, or the Salmon Recovery Funding Board (SRFI3) created under chapter 77.85.110 ROW. landowner agreement - A landowner agreement is required bohveon 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 performnnoo -The time period specified In the agreement, under Section D, period of performance. post evaluation euntrnary • One of the documents usod to summarize and describe the actions uriderlakon 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. • ROO -Recreation and Conservation Office • The slate 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 70A.26.110 and 70A.26.160 RCW and charged with administering this agreement by Chapters 77.811.110 and 7911.25.240 RCW. reimbursement - Payment of otlgtbte and allowable costs that havo already boon paid by the sponsor per the terms of lho agreement. restoration/enhancement - Bringing a site back to its original function as part of a natural acosyatem or Improving the ecologlcal functionality of a alto. sponsor- The eligible Applicant who has boon awarded a grant of funds and Is bound by this executed agreement; includes its officers, emptoyeos, agents and successors. SECTION 2. PERFORMANCE BY TR SPONSOR The sponsor shall undertake the project as described in this agreeriteni, post evaluation summary, the sponsors application, and In accordance with the sponsor's proposed goals and objectives described in the application or documents submitted with lite application, ail as finally opproved by the funding board. All submitted documents are Incorporated by this reference as it fully set forth herein, The Order of Precedence Is covered In Section 34, Timely completion of the project is Important. Failure to moot oriItool miloatones or complete litaproject, es Bel out In this agreement, is a material broach of the agreement, Salmon Project Agreement - RCO 809 -1429R Chapter 77.85 ROW, Chapter 420 WAC PROJAOR RPT Salmon Funding Accounts Page 4 of 14 SUCTION 3. A8$IONMiNT 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 underlakos to nssist 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 underlakos no responsibilities to tho sponsor, or to any third party, other than as is expressly sot out In this agroomont. The responsibility for rho Impfementallon of the project, is solely that of the sponsor, as le the responsibility for any claim or suit of any nature by any third party rotated In any way to tho project. SECTION 6, INDEMNIFIOATION To the fullest oxlent permitted by the law, Ilia sponsor expressly agrees to and shall Indemnify, defend and hold harmtoss 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 performanco or failure to perform rho agreement. Sponsor's obUgallon to indemnify, defond and hold harmless also Includes any claim by sponsor's agents, omployoos, roprosontnllvos or any contractor or Ile employees. Sponsor's obligation to defond includes payment of any costs or attorneys' loos. Sponsor's obligation shall not include such claims that may be caused by the sole negllgenco of RCO, Its officials, agonts, and employees. If the claims or dantagos are caused by or result from the concurronl negligence of (0) RCO, its agents or employees and (b) the sponsor, its contractors, agents, or employees, (his Indemnity provision shall be valid and enforcoablo only to rho extent of the negligence of the sponsor or 1ls contractors, agents, or employees. The sponsor expressly agrees to waive hlsfisr Immunity under Tillo 61 RCW to the oxlent roqulred to indemnify, dofond, and hold harmtoss the State and its agencies, officiate, agonie ov employees. SEOTiON 8. INDEPENDENT CAPACITY OF THE SPON8OR The sponsor and its employees or agents performing under this agrcomont aro not officers, employees or agents of rho funding board or RCO. The sponsor will not hold itself out as not claim to be an officer, omployee or agent of RCO, a funding board or of the state of Washington, nor will the sponsor make any claim of right, priviloge or benefit which would accrue to an employeo under Chapters 41.08 or 286 RCW. The sponsor la responsible for withholding and /or paying employment taxes, insurance, or deductions of any kind roqulred by fedora!, state, and/or local laws: 8P.OTION 7. CONFLICT OP INTEREST Notwithstanding any determination by the ExocuUNo Ethics Board or olhor tribunal, RCO may, In ils sole discretion, by vrrlIton notice to rho sponsor terminate this agreement If It Is found after due notice and oxaminalton by RCO that Ihoro is a violatlon of the 1:thlas In Publto Service Act, Chapter 42,62 RCW; or any similar statute Involving tho sponsor In the procurement of, or performance under, this agreement. In the event this agreement Is terminated as provldod above, RCO shall bo onllllod to pureuo rho simo romedtes against rho sponsor as it could pursue in the event of a broach of the agreement by the sponsor. Tito rights and remedios of RCO provided for In this clause shall not be oxoluelvo and are In addillon to any other rlghls and remedies provldod by law, SECTION t3. ACKNOWLEDGMENT AND SION8 A. Publicallons. Tho sponsor shall Include languago which acknowtodgos the funding coniribution of the applicable grant program to this project in any release or othor publlcatlon dovolopod or modilted for, or refordng to, the project. Signe. The sponsor also shall post signs or other appropriate media at projocl entrances and other locations on the project which acknowledgo the epplicablo grant program's funding contributton, untoss oxompiod in funding board policy or waived by tho director. C. Ceremonies. The sponsor shall notify RCO no later than two wooke bofore a dodlcatlon coromony for this projocl. The sponsor than verbally acknowledgo lite applicable grant program's funding contribution at all dodlcntlon coremonles. Federally Funded Projects. When Issuing statements, press roloasos, requests for proposals, bid solicitations, and other documents describing a project funded In whore or In part with federal money provided for in this grant, sponsors shall dearly state: 1. The percentage of Iho total costs of tho project that Is financed with federal money; 2, Tito dollar amount of federal funds for rho project; and 3. The percentage and dollar amount of the total costs of the project that Is financed by nongovernmontal'sources. B. D. Salmon Project Agreement -1100i/091420R Chapter 77,08 ROW, Chapter 420 WAC PROJAOR.RPT Salmon Funding Accounts Pago 6°114 SECTION 9. COMPLIANCE WITH APPLICABLE LAW The Sponsor will implement the agroement In accordanco with appllcab(o federal, state, and total laws, regulations and RCO and funding board pollcios. TIto sponsor shall comply with, and RCO la not responsiblo for dotormintng compliance with, any and all applicable federal, state, and Local laws, regulations, and/or poilclos, Including, but not limited to: Slate Envlronmontal Policy Act; Industrial Insurance Coverage; Architectural ta«lers AGO; permits (elrorollno, Hydraulics Project Approval, demolition); land use rogutaltons (critical areas ordinances, Growth Management Acl); federal and state safety and health regulations (Occupational Safety and Hoalth AdminlslrallonNVashinglon Industrial Safety and MAIM Act); and Buy American Act. Endarrgorod Species 1 For habitat restoration projects funded in part or whole with federal funds administered by the SRF8 tho epocreor shall not commence with clearing of riparian trees or !avatar work unless either tho sponsor has complied with 60 Cl"R 223.203 (b)(8), limit 8 or until an Endangered Species Act consultation is flnatized In writing by the National Oceanid end Atnnospherio Administration. Violation of Ihls requirement may be grounds for lorminat(ng thls project agreement. This section shall not be tho basis for any enforcement responsibility by RCO. Nondiscrimination Laws The sponsor shall comply with all applicable federal, state, and local nondiscrimination taws and /or pollctes, including but not Ilmitod to: the Americans with Dlsablll(los Act; Civil Rights Acl; and the Ago Discrimination Act. In the event of the sponsor's noncompliance or refusal to comply with any nondlscrintinalton law or policy, the agreement may be rescinded, cancotlod, or tormtnated in wholo or In part, and the sponsor may be declared tneligiblo for further grant awards from the funding board. The sponsor Is responsible for any and ell costs or liability arising from the sponsor's failure to so comply with applicable law. • Prevailing wago The sponsor agrees to pay tho prevailing rate of wago to all workers, Laborers, or mechanics entployad In tiro porformanco of any part of thls contract when required by elate law to do so, and to comply with the provisions of the Davis-Bacon Act, other fedoral lays and Chapter 39.12 ROW, as aptonded, and rho rulos end regulations of lho Department of Labor and industries. ' Rostriottons on Grant Uso No pad of any funds provided under this grant shall bo used, other than for normal and recognized executive•leglslative relationships, for publicity or propaganda purposes, or for tho preparatton, distribution, or use of any kit, pamphlet, booklet, publication, radio, televielon, or video presentation designed to support or defeat legislation pending before the U.S, Congress or any state legistaturo. No part of any funds provided undor this grant shall bo 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 elate tegislaluro. SECTION 10, ARCHAEOLOGICAL AND CULTURAI. RESOURCES The real proporty acquired, developed, ronovatod, or restored through this grant Is subject to Governor's Cxocultve Order (EO) 05.05 or compliance with Section 100 of the National Historto Preservation Act concernhrg the review, analysis, and consultation with the Washington Slate Dopar(ntont of Archaeology and Hlslorio Preservaitou and affected Tribes for archaeological and cultural resources. The funding board requires documented compliance with 110 06.06 or Section 108 of the National Historic Preservation Aot, whichever Is applicable to the project. In the event that a federal agency declines to consult, the sponsor shall comply with E0 06.08, The sponsor must comply with EO 05.05 or the National Historic Preservation Act before initiating ground disturbing activity. RCO wIll issuo a notico to proceed (if applicable) when approprlato documentation has been received. 1(00 will not reimburse for construction related activity until the sponsor demonstrates domptfanco. in the event that archaeological or Irlstorio matorlals are discovered during project ac(ivllles, work In tho location of discovery and Immediate vlcinity must stop lnstenity, the area must bo socurod, and notification must bo provided to the following: concerned Tribos'. cultural staff and cultural commlttoes, RCO, and lho State Department of Archaeology and Historic) Preservation. In lire ovenl that human remains aro discovered during project activity, work in (he ( ocalton ofdlscovery and immediate vlctnt(y must slop instantly, the area must be socurod, and notification provided to Ihe'concerned Triibo's cultural staff and cultural committee, RCO, Stato Department of Archaeology, the coroner and local law enforcement in the most oxpedlltous manner possible according to ROW 08.50. SECTION 11. HAZARDOUS SUBSTANCES A. Definition, "Hazardous substance;' as donned in Chapter 70.105D.020 (11) ROW, means: 1. Any dangerous or extrentety hazardous waste as defined In Chapter 70.108010(8) and (0) RCW, or any dangerous or extremely hazardous wasto claslgnatod by ruto pursuant to Chapter 70.100 RCW; 2, Any hazardous substance as defined In Chapter 70.105.010(14) RCW or any hazardous substance as dofined 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.8.0. Soo. 9501(14); Salmon Project Agreement - RCO 1109.14208 Chapter 77,88 RCW, Chapter 420 WAC PROJAGR.RPT Salmon Funding Accounts Pogo a of 14 4. Petroleum or petroleum products; sip, 0. Any eubelance or category of substances, including solid waste decomposlllon products, detormined by the director (or director's deslgneoj of tho department of ecology by rule to prosont a threat to human hoalih or tho onvironmont if released into iho environment. 6. The term hazardous substanco does nol include any of the following when contained in an underground storage tank from which there is nol a roloaso: Credo oil or any fraction Iheroof or petroleum, if lito tank Is In compliance with all applicable federal, slate, and local taw. 13. 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 andlor disposed of In compllanco with applicable state and fodoral laws, and the site doomed `clean." C. Responsibility. Nothing in this provision alters Into sponsor's duties and Ilabiillles regarding hazardous substances as set forth in Chapter 70.106D RCW. D. Hold Harmless. The sponsor will defend, protect and hold harmless RCO end any and all of Its employees endlor agents, from and against any and all liability, cost (Including but not limited to all costs of defense and attorneys' fees) and any and all loss of any nature from any and all claims or sults resulting from the presence of, or tho release or Ihroatenod release of, hazardous substances on tho property being acquired. SECTION 12. RECORDS MAINTENANCE The sponsor shall maintain books, records, documents, data and other evidence relating to this agroomont and performance of the services described heroin, Including but not limited to accounting procedures and practices winch sufficiently end property retool all direct and Indirect costs of any nature expendod In tho performance of this agreemont. Sponsor shall retain such records for a period of six years from the date RCO closes lire project, Al no additional cost, (hose records, Including materials generated under the agreement, shall be subjoct at all reasonable times to inspoclton, review or audit by RCO, personnel duly authorized by RCO, tho Offtoe of tho State Auditor, and (adaral and state officials so authorized by law, regulation or agreement. If any littgatlon, claim or audit Is started before the oxpirotlon of tho six (0) yonr period, the records shell be retained until all litigation, claims, or audit findings involving 1110 records have boon resolved. SECTION 13. PUBLIC RECORDS Sponsor acknowledgos That Iho funding board Is subject to chapter 42.60 RCW and that this agreement shall be a publlo record as defined in chapter 42.60 RCW. Additionally, In compliance with ROW 77.00.130 (0), sponsor agrees to disclose nny Information In regards to expenditure of any funding received from Iho funding board. SECTION 19. ACCESS TO DATA in compnianco with chapter 39.20 ROW, the sponsor shall provido access, when requested, to data generated under tins sgreontent to RCO, the Joint Legislative Audit and Review Committee, and the Slate Auditor at no additional cost. This Includes access to all Information that supports the findings, conotuslons, and recommendations of tiro sponsors reports, Including computer models and methodology for those models. SECTION 16. TREATMENT OF ABSRTS A. Assets shall remain In tho possession of the sponsor for the duration of the project or applicable grant program. When the sponsor diacontinuos us0 of Iho nssot(s) for the purposo for which It was funded, RCO will requlro tho sponsor to deliver lino assol(e) to RCO, dispose of the asset according to RCO policies, or rotten lho fair market value of the asset(s) to RCO. Assets shall bo used only for the purposo of 11118 agreement, unless otherwise provldod heroin or approved by RCO in writing. B. Tiro sponsor shall be responsible for any loss or damage to assets which results from tho nogllgoncs 011ie sponsor or which results from the fallow on the part of Iho sponsor to maintain and administer That asset In accordance with sound management practices. SECTION 10. RIGHT OF INSPECTION The sponsor shall provide right of access to the protect to RCO, or any of Its officers, or to any olhor authorized agent or oificial of the state of Washington•or tho federal govornmenl, at all reasonable limos, In order to monitor and evaluate performance, compliance, end /or quality aseurartce undor 11118 agreement. If a landowner agreement hes been executed, It will further stipulate and define the funding board and RCO's right to Inspect and access lands acquirod ordovolopod with funding board assistance. SUCTION 17. STEWARDSHIP AND MONITORING Sponsor agrees to perform monitoring and stowardship functions as stated In policy docurnonls approved by the funding boards or RCO. Sponsor further agrees to utilize, whore applicable and financially feasible, any monitoring protocols recommended by 111e funding board. Salmon Project Agreement - RCO 1/09.1429R Chapter 77.86 RCW, Chapter 420 WAC PROJAOR.RPT Salmon Funding Accounts Pogo 7 0114 SECTION 18, DEBARMENT CERTIFICATION FOR FEDERALLY FUNDED PROJECTS 'Lowor tier participants" refer to any sponsor receiving a federal grant through RCO, Lowor tier participants also refer to any grantoo, subgranlee, or contractor of any grantee or subgranlee from the original sponsor funded by RCO. In this section, the sponsor certifies to RCO that neither they no their subgrantees are suspended ordobarred. Any grantee, subgranlee, or corrtrac(orof any grantee or subgranlee from the original sponsor certifies to the sponsor directly. For any federally funded projects, sponsors are required to follow any fedora! requirements. Furthermore any fedora( funding requirements will be passed on to any oilier entity to whom the sponsor passes funds (also referred to as a lower tier parllcIpant). The sponsor (prospective lower tier poiticipant) codifies, by signing Ihls agreement, that neither It nor Its principals nor any other lower tier participants aro presontlydebarred, suspended, proposed lot debarment, declared Inofigibto, or voluntarily excluded from participation in lhts transaction by any Federal department or agency. Tho sponsor (prospective lower tier participant) shalt provide tmmodlale written notice to 1100 If at any limo the prospective lower Iler participant learns That Its codification was erroneous whon submitted or has bocome erroneous by reason of changed circumstances. Shoutd the prospective lower tier participant enter into a covered transaction with another person at lho next lowor tior, the sponsor (prospective lower ttor participant) agrees by signing (tits agreoment that (twill verify that the person with whom it orris lower (ter participant intends to do bushress la not excluded or disquallflod. Tho sponsor (prospective lower llerparticipant) will do tlris by: A. Chocking tho fodorol Excluded Padies Llst Systom (wvn .epls.gov) for that person; or B. CotlocUng a certification from that person; or 0. Adding a clause or condition to (ho covered transaction with that person. The sponsor (prospective tower (tor participant) agrees by signing this agreement that It shall not knowingiy enter into any lowor tier covorod transaction vrilh a person who is debarred, suspended, doctored Ineligible, or voluntarily excluded from participation in (his covered transaction, unless authorized by the department or agency with which this transaction originated. A participant in a covered transaction may rely upon a cerIlftostton of a prospoclivo participant In a lower tier covered transaction that it is not debarred, suspended, ineligible, or volunlarlly excluded from tho covered transaction, untoss It knows that tho codification Is erroneous. SECTION 19. PROJECT FUNDING A. Additional Amounts. Tho funding board slialt not bo obllgatod to pay any amount boyond tho dollar amount as identified in thta agreement, unless an additional amount has boon approved (n advance by ere funding board or diroctor and incorporated by written amendment Into this agreement, B. Before the Agreement. No oxponriituro mado, or obligation Incurred, by the sponsor before (ha effective date of this agreement shall be ellglbte for grant funds, In whole or In part, unloss specifically provided for by funding board policy, suoh as a waiver of rotroaclivtty or program apoolfio ellglblo pre•agroomont costs. The dollar amounts Identified In hits agreement may be reduced as necessary to exclude any such expondlluro from roimbursement. C. After the portod of performance. No expondituro made, or obligation incurred, following (ho period of performance shall be eltgible, In whole or In part, for grant funds hereunder. In addition to any comedy the funding board may have under this agreement, the grant amounts idontbfled In Ibis agreement shall be reduced to exclude any such expenditure from participation. SECTION 20. PROJECT REIMt3URSEMENTS A. Sponsors may only roquost reimbursement after olfg(bte and altowabto costs have already boen paid and remitted to (heir vendors. 8. Compliance and Payment. Tho obligation of RCO to pay eny amounts) undor this egroernont to expressly conditioned on strict compliance with the terms of this agreement by lire sponsor. O. Compliance and Rotatnago. RCO reserves the right to withhold dlsbursomonl of tho f!nal tan percent (10 %) of (ho iotal amount of the grant to the sponsor until the project has been completed. A project Is considered "comptoto" whon: 1. AU approved or required activities outlined in tho ngroemonl ore done; 2. ' On•site signs aro In place (If applicable); 3. A final projoot report is submitted to RCO; 4, Any other required documents are completo and submitted to RCO; S. A final retmbureenrent rogues( is subrnbtod to RCO; 6. The completed proJdct has boon acceptod by RCO; 7." Flnat amendments have been processed; and 8. Fiscal transactions are comptoto. D. Reimbursement Request Frequency. Sponsors are encouraged to send RCO a rolmbursement request at least quarterly. Sponsors ere required to submit a rolmbursomont request to RCO, at a minimum for each project at least once a yoar for reimbursable activities occurring between July 1 and June 30. Sponsors must refer to current RCO policies and procedures regarding rel nbursomont raqutremonte. Stanton Project Agreement - RCO fl09.1420R Chapter 77.86 RCW, Chapter 420 WAO PROJAraR.RPT Salmon Funding Accounts Peso 8 01 14 SECTION 21. ADVANCE PAYMENTS Advance payments of or In anticipation of goods or sorvicos to bo provided undor this agroomont ore limited to grants opproved by tho SRFB and must comply with SRF8 policy. Soo WAC 420.12.060 (6). EMOTION 22. RECOVERYOP PAYMENTS in the event that Zito sponsor fairs to expend funds undor this agreement in accordance with stale and fodoral taws, and /or the provlstons of Iho agroomont, RCO reserves the right to recover grant award funds In the amount oqutvalonl to the extent of noncompliance In addition to any other remedies available at taw or In equity. The sponsor shall reimburse RCO for any ovorpayment or erroneous payments made under the agreement. Repayment by the sponsor of such funds undo( (tile rocovory provision ehnll occur within 30 daya of demand by RCO. Interest shall accrue at the rate of twelve percent (12 %) per annum from the limo that payment becomes duo and owing. SECTION 23. COVENANT AGAINST CONTINGENT FOES The sponsor warrants that no person or selling agont has bean employed or retained to solicit or securo this agreement on an agreement or understanding for a commission, porcentage, brokerage or contingent fee, excepting bona lido omployses or bona 11de established agents maintained by tho sponsor for tho purpose of sooting buslnoss. RCO shall have the right, In the event of breach of this clause by tho sponsor, to terminate this agreement without liability or, In Its dlscrollon, to doduct from the agreement grant amount or consideration or recover by other means the full amount of such commission, porcentage, brokorogo or contingont fee. SECTION 24. PROVISIONS APPLYING TO DEVELOPMENT/RESTORATION PROJECTS The following provisions sholl be In force only if life projoct described In this agreement is for dovolopment/restoietlon of land or facilities for outdoor recreation, habitat conservation, or salmon recovery: A. Document Reviow and Approval. The sponsor agreos to submit one copy of all development/restoration or construction plane and specifications to RCO for review. Revtow and approval by RCO will bo for compltanco with Iho terms of this agreement. B. Contracts for Davotopmont or Restoration. Sponsor shall award at contracts for construction, development or restoration using whatever mothod Is approprtalo and required for the sponsor. 0. Contract Change Ordor. Only change orders that Impact tho amount of funding or chongos to iho scope of the protect as described to and approved by the funding board or RCO must receive prior written approval, D. Control and Tenure. Tho sponsor must provtdo documontnllon that shows approprtalo tenure (land owner agroomont, long norm lease agreement, easement, or fee simple ownership) for Iho land proposed for development or restoration. The documentation must moot curront RCO roqulromonls. E. Nondiscrimination. Except where a nondiscrimination clause roquired by a fodoral funding agoncy Is used, tho sponsor shell Insert the following nondiscrimination clause In each contract for construction of this project: Turing the performance of lids contract, the contractor names lo comply with nU federal and state nondiscrimination laws, rogulalious and policies.° F. Use of Best Management Practices. Protect sponsors are encouraged to use boat management practices developed as pact of the Washington State Aquatlo Habitat Guidelines (AHO) Program. The best management practices aro described In Three documents: 'Stream ilabttal Rostorotlon Guklolirios: Final Draft', 2004; 'Design of Road Culverts for Flsh Passage', 2003; and IntegratedStreambank Protection Guidelines', 2002. Theso documents and other Information can be found on the AHO waste). SECTION 26. PROVISIONS APPLYING TO ACQUISITION PROJECTS , The following provisions shall be In forco only if Iho project described In this agreement is for the acquisition of Interest In real property (Including easoments) for outdoor recreation, habitat consorvatlon, or salmon recovery purposes: A. D. 0. Evidonce of Land Vafuo. f3oforo dlsbursemont of funds by RCO es provided under this agreement, the sponsor agrees to supply evidence to RCO that llho cost of lito property rights acquired has been established according to funding board policy. Evidence of Title. The sponsor agreos to show tiro typo of ownership Intorest for tho property That has been acquired. This shell be done before any paymont of Mandel assistance. Legal Description of Real Property Rights Acqulrod. Tho legal doscripllon of the coat property rights purchased with funding assistance provided through this project agroomont (and protected by a recorded conveyance of rights to the State of Washington) shall bo Incorporatod into tiro agroomont beforo final paymonl. D. Conveyance of Rights to Iho Stale of Washington. Document securing tong•term rights for tho State of Washington. When real properly rights (both fee simple and lesser Interests) aro acquired, the sponsor agrees to execute an appropriate documont convoying certain rigitts and responsibilities to RCO, on behalf of lho Slate of Washington. Theso documents Include a Deed of Right, Asslgnmont of Rights, Easements and Leases. Tito sponsor agrees to use documont fanguago providod by RCO, to record the executed document in Iho County whoro Iho coat properly Iles, and to provide a copy of the recorded document to RCO. The document roquirod will vary depending on the project type, Iho real property rights being acquired and whether or not those rights are being acquired in porpatulty. Salmon Project Agreement • RCO 1109.1429R Chapter 7/.88 ROW, Chapter 420 WAC PROJAOR.RPT Salmon Funding Accounts Page 0 01 14 1 E. F. 1. Deed of Right. The Deed of Right convoys to the people dike stato of Washington the right to praservo, protect, and/or use the properly for public purposos consistent with the fund source. Sponsors shall use this documont when acquiring real properly rights )hat include the undorlying land. This documont may also bo appllcabto for those easements where the sponsor has acquired a perpetual easemonl for publlo purposes. 2. Assignment of Rights. The Aesignment of Rights document transfers cerloln rights such ns acme and onforcemanl to RCO, Sponsors shall use Ihls document when an easement or toaso Is botng acquired for habitat conservation or salmon recovery purposes. The Assignment of Rights requires the signal= of tho underlying landowner and must bo Incorporated by reference in the easement document. 3. Rasentenls and Leasos. The sponsor may Incorporate required language from the Deed of Right or Asslgnmenl of Rights directly Into rho easemonl or lease document, thereby otlntinalhng the requirement for a separate documont. Language will dopend on the situation; sponsor must obtain RCO approval on the draft language prior to executing the aasemont or Chase. Real Property Acquisition and Relocation Assistance 1. When federal funds are part of this agreement, the Sponsor agreos to comply with the terms and conditions Mho Uniform Relocation Assistance and Real Property Acquisition Policlos Act of 1970, 84 Stat. 1804 (1070)•- PublIo Law 91.846, as amended by the Surface Transportation and Uniform Relocation Assistance Act, PL 100.17 -1007, and applicablo regulations and procedures of the federal agonoy Imptomonting that Aot. 2. When slate funds aro part of this ngraomonl, Cho sponsor, If required by law, egreea to comply with Iho Corms and conditions of the Uniform Rolooatton Asslstanco and Real ProporlyAcquisition Policy of the Stato of Washington, Chapter 8.26.010 RCW, and Chapter 400.100 WAC. 3. Housing and Relocation. In the event that housing and relocation costs, as required by federal law sot out In subsection (1) above andloratnle lave sot out In subsection (2) above, are invotvod.in Iho oxocullon of this project, the sponsor agrees to provide any housing and relocation assistance required. Buildings and Structures. In gonerai, grant funds aro to be used for outdoor recreation, habitat conservation, or salmon recovery. Sponsors agree to remove or demolish Inollgtblo struoturos. Sponsors must consult RCO regarding compttanco with section 10- Archaoologlcal and Cultural Resources before structures aro removed or demolished. 0, Archaoologlool and Cultural Rosourcea. The sponsor agrees that any real properly Intoroste acquired undor ills agreement, If to be developed in tho future, Is subjocl to secllon 10 (Archaeological and Cultural Resources) prior to any ground disturbing activity. SECTION 28. RESTRICTION ON CONVERSION OF REAL PROPERTY AND/OR FACILITIES TO OTHER USES The sponsor shall not at any lime convert any roat proporty or facility acquired, developed, and/or restored pursuant to this agreement to uses other than those purposos for which funds wore approved without prior approval of tho funding board In compliance with appllcabfe statutes, rules, and funding board poticlos. It Is the httont of the funding board's convorsion 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 publlo 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, tho sponsor Is required to remedy (he conversion per oslablishod funding board pollctes. A. A conversion occurs when one or more of the following has taken place, whether affecting an onitro wile or any portion of a site funded by the funding boards. 1. Conveyrtnoe. Proporty Interests are conveyod for purposos inconsistent with tho original grant request.. 2. Coriveyanco to Inollgtble Third Party. Properly Intorosta ero convoyod to a third party not otherwise eligible to receive grants In the program from which funding was derived. 3. Non•ollglblo Uses. A use occurs that Is inconsistent with the original grant request. 4. Non•ellgible Facllltios. Non•ellglblo facilities aro dovolopod within tho project aroa. 6. Termination of Publlo Uso. When publlo uso, as doscrtbed In the original grant request, is temporarily or permanently terminated or exctudod. 6. Cnvironmental Functions. For habitat projects. If the properly acquired, restored or enhanced no tongor provides go environmental functions for which funding board grants were originally approved. Salmon Project Agreement - 12001109 -14298 Chaplor 77.85 RCW, Chapter 420 WAC PROJAGR.RPT Salmon Funding Accounts PageiOof14 8, Changing a project's elements and Items. When approved by the funding board or director, certain elements and Items ntay be deleted from (Ito agreement without being considered a conversion. In the following instances the board may authorize changes without Invoking (he requirement to replace the elements and items. Such deletions are allowed when the funding board or director determines that tho elements and items are not needed or cannot bo retained duo to ono or more of the following conditions: 1. Obsolescence 2. Extraordinary vandalism 3. Acts of Nature 4. Designed life expectancy reached 0. Fire 8. Permit requirements that disallow epoolflo elements 1. Reversion Order (Naltonol Trolls System Ac( 8(d), 18 U.S.C. § 1247(d); WAC 280.27- 060(2)). SECTION 27. CONSTRUCTION, OPERATION, USE AND MAINTENANCE OF ASSISTED PROJECTS Sponsors must ensuro that properties or facilities assisted with funding board funds, Including undeveloped sltes, aro built, operated, used, and maintained: A. According to applicable federal, state, and local laws and regulations, including publlo health standards and building codes. B. In a reasonably safe condition for the project's Intended use. C. Throughout Ile estimated li(o so as to proven! undrro deterioration. D. In compliance with all federal and slate nondiscrimtnalton laws, regulations and policies. Facilities open to the publlo must: A. Be constructed and maintained to moot or exceed the minimum requirements of tho most current local or state codes, Uniform Federal Accessibility Standards, guidelines, or rules, Including but not limited to: the International Building Code, tho Amorloans with DIsablilllos Acl, and the Architectural Bailors Acl, as updated. U. Appear attractive and Invlling to the public except for brief Installation, construction, or natntenanco periods. C. Be wettable for use at reasonable hours and times of tho year, according to the type of area or facility. SECTION 28, INCOME AND INQOME USE A. Income. 1. Compatibie source. The source of any Income gorfera(od 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 and acquired or facilities developed with funding board grants If the foes are consistent with tho: (a) Value of any service(s) furnished; (b) Value of any opportunities furnished; and (o) Prevailing range of public fens in the state for the activity Invotved. Excepted aro Firearms and Archery Range Recrealton Program safely classes (firearm and /or hunter) for which n facldlly /range foe must not be charged (Chapter 70A.26.2t0 RCW). B, Income use. Regardless of vrhelhor income or fees in a project work site (including entrance, utility corridor permit, cattle grazing, Ember harvesting, farming, eta) aro 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. Tho eponsor'a matching funds; 2. The project's total cost; 3. The expense of operation, maintenance, stewardship, monitoring, and /or repair of tho facility or program assisted by the funding board grnnt; 4, , The expense of operation, maintenance, stewardship, monitoring, and /or repair of other similar units In the sponsor's system; and /or 8. Capital expenses for similar acquisition and/or development. SECTION 28. PRGPERENOE8 FOR RESIDENTS Sponsors shall not eXpress a preference for users of grant assisted projects on the basis of residence (Including preferential reservation, membership, end /or permit systems) oxcept that reasonable differences In admission and other foes may be maintained on the baste of residence. Evon so, the funding board discourages the imposition of differential fees. Fees for nonresldonls must not exceed hvlce the fee Imposed on residents. Where there is no fee for residents but a fee Is charged to nonresidents, the nonresident loo shall not exceed the amount that would be Imposed on residents at comparable slate or local public faclilUee. i • Salmon Protect Agreement - ROO l00.1420R Chapter 71.88 ROW, Chapter 420 WAC PROJAOR,RPT • Salmon Funding Accounts Page 11 of 14 I SECTION 30. PROVISIONS RELATED TO CORPORATE (INCLUDING NONPROFIT) SPONSORS A corpordle sponsor, Including any nonprofit sponsor, shall: A. Maintain corporato status with rho stale, Including registering will) tho Washington Secretary of Slate's office, throughout the sponsor's obllgatlon to the proioct as (donned In the agreement. B. Notify RCO prior to corporate dissolution. Within 30 days of dlssolullon lho sponsor shall name n qualiflod successor that will agree In willing to assumo any an•going project rospon)IbIilltos. A qualified successor Is any party etigibto to apply for funds in tho subject grant program and capable of complying with (ho terms and conditions of this agreement. RCO will process an amondmont transferring (ho sponsor's obligation to the qualllloci successor If requirements are met, C. Sites or facilities open to the public may not require exctuslvo uso, (e.g., members only). 8EOTION 34. LIABILITY INSURANCE REQUIREMENTS FOR FIREARMS AND ARCHERY RANGE SPONSORS A. Tho sponsor of a firearms or archery range rocrealion project shall procure an endorsement, or olhor addllton, to liability Insurance It may currently carry, or shall procure a now policy of (lability insurance, In n total coveroge 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 'meson( al the range facility to which Ih)s grant Is rotated, or by reason of being In tho vicinity of that facility; provided that tho coverage shall bo el toast ono Wilton dollars ($1,000,000) for rho death of, or Injury to, each parson. B. The liabltlty insurance policy, including any endorsement or addition, shaft name Washington State, tho funding board, and RCO as additional insured and shall bo In a form approved by tiro funding board or director, C. The policy, ondorsolnent or olhor addition, or a similar liability Insurance policy nnobltng the requiroments of this Section, shell be • kept In force throughout the sponsor's obligation to tho project as Identified In this agreement. D. The pottcy, as modified by any ondorsomont or olhor addition, shall provtdo that the Issuing company shall give written notice to RCO not less than thirty (30) calendar days In advance of any canceilalton of the policy by the insurer, and within ten (10) • calendar days following any terntlnation of the policy by tho sponsor. E.' Tho requlromont of Subseot(on A through D above shall not apply if the sponsor Is a federal, slate, or muntcfpat governmont which has established a program of self insurance or a policy of self•Insuranco with respect to claims arising from Ile facilities or activillos generally, Including such facilities es firearms or archery ranges, when the applicant declares and describos that program or policy as a part of Its application to tho funding board. F. By this regUlrement, (Ito funding board end RCO does not assumo any duly to any Individual parson with respect to death, Injury, or damage to property which that parson may sufterwhllo present al, or inn tiro vicinity of, (he facility to which this grant relates. Any such person, or any other person making claims basod on such doalh, Injury, or damago, must look to the sponsor, or others, for any and all remedies that may bo available by law. SECTION 32. REQUIREMENTS OF THE NATIONAL PARK SERVICE If the project has bean epprovod by (hp National Park Service, US Department of the Interior, for funding assistance from the fedora' Land and Water Conservation Fund (LWCF), the 'Project Agrooment General Provlstona' In the LWCF Stale Assistance Program Federal Finanolal Assistance Manual are also made part of this agreement. The sponsor shall abide by these LWCF Genoral Provisions as thoy now exist or aro hereafter emended. Further, the sponsor agrees to provtdo RCO with reports or documents needed to meet rho requlromenls of Iho LWCF Gonoral Provisions. . SUCTION 33. FARMLAND PRESERVATION ACCOUNT . For projects funded through the Washington Witdllfo and Recreation Program Farmland Preservation Account, the following sections will not apply if covered separaloly to a recorded RCO approved Agricultural Conservation t'sasoniont. . • Section 8 - Acknowledgement and Signs, • ' Soctton 11 - Hazardous Substances, • floctlon 17 - Stewardship and Monitoring • Section 28 - Restriction on Conversion of Roaf Property and /or Facilities to Other Uses, and • Section 20 - Provisions Applying to Acquisllion Projects Sub•soottons D, I;, F and G. SECTION 34. ORDER OP PRECEDENCE ThIs agreement Is entorod into, pursuant to, and under the authority granted by applicable federal and stale laws. Tho provisions of the agreement Mali bo construed to conform to those laws. In tiro ovonl of an Inconslstoney in Ilia torms of Ibis agreement, or ` b)tweon Its farms and any applicable statute, rule, or policy or procedure, the Inconsistei►oy shall be resolved by giving precedence In (ho following order; A. Applicable federal and /or state statutes, regulations, policies and procedures including RCOlfunding board policies and procedures, applicablo (odour' Oiflce of Managoment and Budget (OMB) circulars and fodoral and state oxocut(ve orders; B. Project agreement Including attachments; C. Special Conditions: D. Standard Terms and Conditions of (ho Project Agreement. Salmon Project Agreement - RCO / /09 -1429R Chapter 77.88 RCW, Chapter 420 WAC eDt IkV o DOT Salmon Funding Account) Pago 12 of 14 t SECTION 36. AMENDMENTS This agroomont may bo antondod by mutual agreement of Iho pantos only. Such antondmonts shall not bo binding unless they are In writing and signed by personnel suthordzod to bind each of the parties. Period of performanco oxtenslons and minor scopo adjustments need only be signed by RCO'e director or designee. SECTION 30, LIMITATION OF AUTHORITY Only RCO or RCO's delegate by writing (delegation to bo made prior to actton) shall havo the oxpross, implied, or apparent authority to alter, amend, modify, or watvo any clause or condition of lots agreomont. Furthermore, any altorallon, amendment, modification, or waiver of any clause or condition of this agroomont Is not effective or binding untoss made in writing and signed by RCO. SECTION 37. WAIVER OP DIIFAU1.T Waiver of any default shall not be doomed to be a watvor of any subsequent default. Waiver or breach of any provision of Iho ogreement shall not be deemed to bo a watvor of any other or subsequent breach and shall not be construod to bo a modification of the terms of the ogroomont unless stated to be such in writing, signed by the director, or tho director's designee, and attached to the original agroemonl. SECTION 30. APPLICATION REPRESENTATIONS •• MISREPRESENTATIONS OR INACCURACY OR BREACH The funding board and RCO rely on Iho sponsor's application in making its determinations as to eligibility for, soloction for, end scope or, funding grants. Any misrepresentation, error or Inaccuracy In any part of tho application may be doomorl a breach of this agreement. SECTION 30. TERMINATION AND OTHER REMEDIES Tito funding board and RCO will roquiro strict compliance by the sponsor with all lho forms of this agreement Including, but not limited to, the requirements of the applicable etalutos, rules and all funding board and RCO policies, and with Ilio representations of rho sponsor In Its application for a grant as finally approved by the funding board. Tito funding board or the diroclor may suspend or lorminato Iho obligation to provido funding to the sponsor under this agreement: A. B. in the event of any broach by tho sponsor of any of the sponsor's obligations under this agreomont; or If the sponsor falls to make progross satisfactory to Iho funding board or director toward completion of rho project by the completion date set out In this agreement. Includod In progross Is adlterenco to mllgslones and other defined deadlines. In the event this agreement Is lorntinalod by the funding board or director, under this section or any other soclton aftor any portion of tho grant amount has been paid to the sponsor undor this agroomont, rho funding board or director may require that any amount paid be repald to RCO for redoposit into Iho nccount from which the funds wero dorivod. The funding board and RCO may enforce this agroomont by the remedy of spocIflo porformnnce, which usually will mean completion of the proJact as described in {Iris agreement. However, the remedy of specifics parformanco shall not be the sole or exclusive remedy avaiiable to RCO. No remedy available to Iho funding hoard or RCO shall bo deemed exclusive. The funding board or RCO may elect to exercise any, a combination of, or all of the remedies avallabio to It under this agreement, or under any provision of law, common law, or equity. SECTION 40. NON-AVAILABILITY OP FUNDS If amounts sufficient to fund Iito grant trade under this agroomont aro not appropriated by the Washington Slate Legislature, or If such funds aro not altocatod by lho Washington State Oifico of Financial Management (OFM) to RCO for expenditure for this agreement in any biennial fiscal porfod, RCO shall not bo obligated to pay any remaining (infield portion of this grant untoss and until . the necessary actton by the Legislature or OFM occurs. If RCO participation is suspondcd under this section for a continuous porlod of one year, RCO's obligation to provide any fuluro funding under this agreomont shall torntinate. 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 ogrooment, RCO may, by ton (10) days written notice, bogtnning on the second day aflor rho mailing, terminate this agroomont, in wholo or In part. If this agroomont Is so terminated, RCO shall be liable only for payment required under tho terms of lids agreement for sorvlces rendered or goods dolivorod prior to Iho offoctive date of torminalton. r Salmon proJact Agreement - RCO 1109 -1429R Chapter 77.85 ROW, Chaptor 420 WAC PROJAOR.RPT Salmon Funding Accounts Pago 13 of 14 SECTION 42. DISPUTE HEARING Except as may otherwise be provided in this agreemonl, when a dispute arisos between the sponsor and the funding board, which cannot be resolved, oilher party may request a dlsputo !tearing according to lho process set out in this suction. Either party's request for a dispute hearing must bo in writing and clearly state: A. Tito disputed issues; 13. Tho rotative positions of the parllos; C. The sponsor's narno, addross, project IIUo, and the assigned project numbor. In order for (his section to apply to (ha resolution of any specl(lo dlsputo or disputos, Ilia other party must agroo In writing that tho procedure under this section shall be used to resolve those spectilo issuos. Tho dispute shall be hoard by a panel of three persons consisting of one person chosen by !Ito sponsor, one person chosen•by the director, and a Third person choson by the two persons initially appointod. If a third poison cannot be ngrood on, the third person shall bo choson by tho funding board's chair. Any hearing under this section shall bo Informal, with the epeclfto procossos to bo dotorminod by the disputos panel according to the nature and complexity of tho intros involved. Tho process !nay bo solely based on written material if tho parllos so agree. The disputes panel shall bo governed by the provisions of this agreement In deciding the disputes. The parties shall be bound by the decision of lino disputes panel, uploss the remedy directed by thet panel shall be without tho authority of either or both parties to porform, as nocossary, or Is otherwise untawlul. Request for a disputos hearing under this section by either party shall be delivered or maitod to the other party. The roquost shall bo delivered or mailed within Thirty (30) days of the date lho requesting party has rcceived nonce of lho action or position of the other party which it wishos to dlsputo. Tito wrlllon agroomont to use the process under (his section for resolution of those issues shall be delivered or malted by the revolving party to tho requesting party within Thirty (30) days of receipt by the receiving party of the request. All costs associated with the imptententallon of this process shall be shared equally by Tho parties. SECTION 43. ATTORNEYS' PEES In the event of litigation or olhar action brought to enforce contract tornts, each party agrees to boar Its own altornoy foes and costs. SECTION 44. GOVERNINQ LAWNENUE This agreement shall be construed and Interpreted In accordance with tho laws of Eno Sinto of Washington. In the evonl of a Inwsuit involving tilts agreemonl, venue shall bo proper only In Thurston County Superior Court. Tho sponsor, by execution of this agreement acknowledges the jurisdiction of 'Ito courts of the Slate of Washington. in the casos where this agreoment 1s bolwoon the funding board arid a federally recognized Indian Tribe, the following governing law /venue applies: • A. Tfte Stalo of Washington agroos that It shall Inllnte any lawsuit against a fodorally recognizod Indian Tribe arlsing out of or relating to the porformanco, breach or onforcomont of this agreement In Fodoral Court. Intorprolalton shall bo according to tho law of Ilto Mato of Washington. In dm ovent that 11to Fedora! Court determines that it lacks subject matter jurisdiction to resolve !Ito dispute between (ho State and Tribal Party, Ilion tho parties agree to venue in Thurston County Suporior Court, but the parties agree that the molter shall not be pursuod In superior court unless there is a Federal Court determination that Il lacks subject matter jurisdiction. a. Any judicial award, determination, order, decroo or outer relief, whother In law or equity or otherwise, resulting from the action shall ba binding and enforceable on Tho parllos. Any money judgment or award against a Tribe, tribal officers and menthols, or the Slate of Washington and its officers and omployeos may exceed (ho amount provided for in Salton 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 tho bonolit of tho Tribe end Stale and shall not be enforceable by any third party or by any assignee or delegate of the parties. In any enforcontont action, (ho parllos shall boar their own enforcement costs, Including attorneys' fees. SECTION 40. 8UVUURAI3Il.ITY The provisions of this agroontont are hilondod to be sevornblo. If any term or provision Is Illegal or invalid for any reason whatsoever, such Illogality or invalidity shall not affect tho validity of the romalnder of the agreement. Salmon Project Agroomont - RC0 f109.1429R Chapter 71.86 RCW, Chapter 420 WAC PROJAGR.RPT Salmon Funding Accounts Pogo 14 0114 1 Salmon Program Federal Recovery Projects Post•Fvaluation ProJoot Summary TITLE: Fenster Levee Setback & Floodplaln Restoration II NUMBER: 09-1429R STATUS: Board Funded (Restoration) SPONSOR: City of Auburn EVALUATION SCORE: BOARD RANKING: 00818: Salmon Federal Projects Local Total SPONSOR MATCH: $304,103 86% Appropriation t, Cash $63,666 16% Grant - Local $367,768 100% DESCRIPTION: The site is adjacent to the downstream end.of an intact two.mllo long riparian corridor along the Green River within the Fenster Nature Park (Auburn) and the Auburn Narrows Natural Area (King County) and is adjacent to two SRFB fundod restoration projects. This proposal entails selling back the Mal approximately 880.foot long segment of the . Fenster Levee that has not already boon set back from tie exisling location at the top of t(:o bank In order to restore Instream, riparian and floodpiain habitat. This levee setback project would complete years of work by the city and the caunty to set back or completely remove all of the levees within a two•rnile stretch of high quality habitat between this proposed project site and oho SR•18 bridge. The area Is largely vegetated by deciduous trees (some of which aro relatively mature) and shrubs. An existing Swale Iles landward of the current levee prism, which Is Immediately adjacent to the river bank. As a result, the floodplaln Is disconnected from the river and cannot serve as off-channel habitat or help to attenuate fast water velocities during floods when large numbers of juvenile sairnonids Including BSA - listed Chinook and steelhead aro either incubating or rearing In this part of the Green River. This segment of lino Green River is also heavily used by several epodes of satman and trout for spawning ancl migration. After construction of the levee setback, the site will be replanted and monitored by the Veteran's Conservation Corps in partnership with the City of Auburn. 1.00A7ION INFORMATION: Green River Fenster Levee, City ofAuburn COUNTY: King LEAD ENTITY ORO: WRIA 9 LE (King County) WRiA: Duwomish -Green (9) GOAL & OBJECTIVE: The goat of the protect Is to Improve hnstream morphology and habitat in salmon bearing streams. The objective of the project is to increase Instream cover, spawning, and resting areas. SALMON INFORMATION: (* Indloatoe primary) emotes Turreted Bull Trout Chinook (Threatened (06106))" Chum (Not Warranted (06106)) Coho (Species of Concern (06106)) }fabltat Fosters Addressed Biological processes Channel Conditions' Floodplaln Conditions Cutthroat Pink Sockeye Steelhead (Proposed Threatened (08108)) Riparian Conditions Stroombed Sediment Conditions Water Quality FISCAL YEAR: 1PAPSUM %.RPT 2010 IDATE PRINTED: March 0, 2010 Fenster Levoo 8olbaok & Floodplaln Restoration II S 4DADC11417 DDT n,...../.. 1 ...... owle....f. O n/.....1..1..1.• n..1...11... 11 CITY OF *, , * - WASHINGTON November 24, 2010 Peter B. Lewis, Mayor 26 West Main Street * Auburn WA 90001 -4998 * www.auburnwa.gov * 253-931-3000 Marc Dubolskl Recreation and Conservation Office P.O. Box 40917 Olympia, WA 98504 -0917 Re: Fenster Levee Setback & Floodpiain Restoration 11, RCO #09 -1429R Signed Amendment #1 Dear Mr. Dubolski: Enclosed please find one signed original and amendment for the City of Auburn's Fenster Levee Setback & Floodpialn Restoration 11, RCO #09- 1429R. Thank you for your support of our protect. If you have any questions about this amendment, please contact me by phone at 253 -804 -5092 or by e-mail at Jshih ©auburnwa.gov. Sincerely, er niferrShih Environmental Planner Enclosure AUBURN * MORE THAN YOU IMAGINED ti , .z WASXING1011 MU r Recreation and - Conservation Office Amendment to Protect Agreement Project Sponsor: City of Auburn Protect Number: 09 -1429R Project Title: Fenster Levee Setback & Floodplaln Restorattor Amendment Number: 1 Amendment Type: Cost Change Amendment Description: The project is amended to Increase the SRFB contribution by $100,000 (2007 PSAR funds), which Is 16% of the total project cost. The sponsor match Is also being increased by $181,335. See the City of Auburn's detailed amendment request and WRIA fl9 lead entity support In the PRISM attachment section. Protect Funding: The total cost of the project for the purpose of this Agreement changes as follows: Old Amount New Amount Amount % Amount % RCO - PSAR $0.00 • 0.00% $100,000.00 15.65% RCO - SALMON FED PROJ $304,103.00 85.00% $304,103.00 47.58% Project Sponsor $53,665.00 15.00% $235,000.00 36.77% Total Project Cost $357,768.00 100% $639,103.00 100% Admin Limit $0.00 0.00% $0.00 0.00% A &E Limit $80,000.00 28.80% $147,485.31 30.00% 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 City of Auburn Recreation and Conservation Office BY: (ca.elt.a.e..l qa r r , a"' Koleen Cottinehom TITLE: Director DATE: rr/IJ1201'3 Pre - approved as to form: BY: ISI Assistant Attorney General SAL Protect Cost Change Amendment Salmon Funding Accounts AMENAORI.RPT AGENCY: BY: TITLE: /14 v DATE: NOV 2 2 2010 Chanter 77 85 RCW. Chanter 420 WAC Amendment Agreement Description Project Sponsor: City of Auburn Project Number: 09 -1429 R Protect Title: Fenster Levee Setback & Floodplain Restoration II Amendment Number: 1 • Agreement Description The site Is adjacent to the downstream end of an Intact two-mile long riparian corridor along the Green River within the Fenster Nature Park (Auburn) and the Auburn Narrows Natural Area (King County) and is adjacent to two SRFB funded restoration projects. This proposal entails setting back the final approximately 880 -foot long segment of the Fenster Levee that has not already been set back from its existing location at the top of the bank in order to restore instream, riparian and floodpiain habitat. This levee setback project would complete years of work by the city and the county to set back or completely remove all of the levees within a two-mile stretch of high quality habitat between this proposed project site and the SR -18 bridge. The area Is largely vegetated by deciduous trees (some of which are relatively mature) and shrubs. An existing swale Iles landward of the current levee prism, which Is immediately adjacent to the river bank. As a result, the floodplain is disconnected from the river and cannot serve as off - channel habitat or help to attenuate fast water velocities during floods when large numbers of Juvenile salmonids Including ESA - listed Chinook and steelhead are either Incubating or rearing in this part of the Green River, This segment of the Green River is also heavily used by several species of salmon and trout for spawning and migration. After construction of the levee setback, the site will be replanted and monitored by the Veteran's Conservation Corps In partnership with the City of Auburn. MGRE DSC.RPT November 15, 2010 Page 1 Amendment Special Conditions Project Sponsor: City of Auburn Project Number: 09 -1429 R Project Title: Fenster Levee Setback & Floodplain Restoration II Amendment Number: 1 Special Conditions None ASPECCOND.RPT November 15, 2010 Page 1 Amendment Eligible Scope Activities Project Sponsor: City of Auburn Project Numbor :09 -1429 Project Title: Fenster Levee Setback & Floodplaln Restoration 11 Project Type:Restoration Program: Salmon Federal Projects Amendment #: 1 Project Metrics Project Monitoring Type Of Monitoring: Project Planning Protect Identified In a Plan or Watershbd Assessment: Implementation Monitoring Green River Chapter of the Puget Sound Chinook Recovery Plan, 2005. Project Restoration Targeted salmonid ESU /DPS: Chinook Salmon -Puget Sound ESU Restoration Metrics Worksite #1, Fenster Levee Setback Phase 11 Instream Habitat Protect Total Length Of Instream Habitat Treated: 0,34 Channel reconfiguration and connectivity Type of change to channel configuration and connectivity: Creatfon/Connectton to Off - Channel Habitat, Meanders Added Miles of Stream Treated for channel reconfiguration and connectivity.: 0.20 Mlles of Off- Channel Stream Created: 0,20 Acres Of Channel /Off - Channel Connected Or Added: 4.0 Instream Pools Created /Added: 2 Plant removal/control Miles of Stream Treated for plant removal/control.: 0 Acres of Streambed Treated for plant removaUcontrol: 1.0 Streambank stabilization Miles of Streambank Stabilized: 0.17 Cultural Resources Cultural resources Permits Obtain permits AELIOREIM RPT November 15, 2010 Page: 1 RECREATION AND CONSERVATION OrrICE Agency Name Recreation and Conservation Office P.O. Box 40917 Olympia, WA 98504 -0917 Sponsor City of Auburn 26 W Main St Auburn, WA 99001 -4998 FORM A -19 Stato of Washington INVOICE VOUCHER Sponsor's Certificate. I hereby certify under penalty of perjury that the Items and totals listed herein are proper charges for materials, merchandise or services furntshed to the State of Washington, and that all goods furnished and /or services rendered have been provided without discrimination because of age, sex, marital status, race, creed, color, naltonai origin, handicap, religion or Vietnam era or disabled veterans status. BY (TITLE) (DATE) 1'+• r• ..),-I' .,,' ';,;A ., } i- `j ,}. ";gfi, . . "9.- l :1'3' To Be Cori 'kited 8 S�onsor?,, ra,- ,;•cKill',;...;+;:•.r1 '''is.5f' ' .',il', , - . :;r��� r Project Number 09 -1429 R Project Name Fenster Levee Setback & Ftoodplaln R+ Invoice it 2 Billing Period From. To. This Is a Final Billing? Yes 1 ) No 1 1 CATEGORIES: Project Aereement ',,, - ;-1 'r , Previous Ex Vendilur ;.0'6. i:- •.`fir ? =+ 1'F'::a1; Costs For This Bdlin) •, ,:, v, - :;.Z'.' '�t��'.' •+ }' �7 Y ; i' e "� Ex +elidilures ,,.3•, 1.1VZ ;'?'Si• .1yop'jtQipa�t_f_setgi.t. r, � ' +.�";' aK�) rim 'T,`t, it el i_tiks". <a) i 1 x CSi , - 11,i t r±s �i ;j �9, ?`4� x `i',� Ri! NTota1 =.3q+ Ex +endilures Non - Reimbursable Match Total ' .1 • j , +t:,- , ,i' • r t: ` .., 5:: , , .,ft•` .i `,•', ,;ti'i` ., ' _ is ;, �� " ;i 5i , +�.�Y$?ha).p l: r� ` • �. ,li ^c \-'''•3a, S .,, • .d�. �� t Zr s Akii aPr;1 V.--1 ': � `y ";rY4k:t3 +t j rQOQO., �1 ? Y.0 ,t'.: :::.:t ''r `' �' S . 1 i,', *'.. +. tr i. ;:i iiTti$g stti,a . - 'rY, 1y !t- ri t:a 7 .7�Sr �• r i.t w . +.; „ • ., 's ;, >.,,• ^rf ,i:v:_•n a <;•:- , Construclloh - '' ^(it$Q+•Qtl' *< IV:-. , ':50fe; ';iii <v vd_QQ;t A&E a;„ fwVd90 ,zr;, ,,'1h. 'x$0.0+ t - 'kek %'',+(vQL9Q',. - Developmeni Total - $039,103.00 1`,A. ,=k,49,•00,{ $0.00 YI ,,+.' +,..':N .- $QAj3�t <nr,,,s :y$',QQa' $0.00 $0.00 FUNDING & EXPENDITURE FORMULA . For RCO Use ONLY if- .; ; Y'4' t•, ;41 siV:;: §: �),l' ` �r ;,,, ,',•.- -,' L'. �s' �) �' �fi9�e@ f�,erlal[t(o/,n,1,�1�,I�_ ;�aii� : nctiti , >a+:� (i � +a''1rS i i 't4i' , ' Sks-at,. � + t� �` Z;; 4i:: �, i; �v`„ ���, Pr�yld� $,R��'RQII}?b4��$,�Ri.�II�g Z�; r0. ,,I :ice N;'+,';'=.' t-> R., max:•; r,:�,•+ Sponsor: 36.77029% $235,000.00 Total Billed $0.00 RCO Federal: Share Billed $0.00 RCO: SALMON FED PROJ 47.68278% $304,103.00 Share Approved $0.00 RCO: PSAR 15.64693% $100,000.00 Advance Balance , $0.00 Match Owed Balance $0.00 Share Retained $0,00 Share Paid $0.00 Agreement Total 100.00000% $639,103.00 Match Bank $0.00 -Odd ()eta , >,•.• � 's�; :,i a��� '`S�CerreiiS�R9kNo:f;,.�,•' : �`S c '?�O0,`Y s t,:>,; . " ` " `en d4GNlfillie,; ;i Vendor arle"egQ '-,,,+- i , :it ?rP, >,,.;' SWV0002089•00 09 -1429 R Traii b-bde h;';' rFtiiid: 4 $..i A • ri liuloiii:< f0:: 5: .Pro • tnd■xk} csS blot bSuti Ob 4 ttfezhio aC.if ir;e 1, ?' •-s =t::Athou° " -1 s,=�;liivo)d8f 75N 210 001 Q19 98104 NZ 2 210 001 Q53 98104 NZ 2 � -21'..:::; ,_ .. a j� •,\ "!..,,.•.. a ♦ •i••. '+I ,,�1•- .,}�l;f;:s�- ,L �rir1•! G�rti" at�0 1=��T+ t•i.tr)1`c>L 9 t`a 'l,•„ � a�r,t'Y1_ ^ly is riZb 4`] vrr nrti'rr �`�• , a,, >,; ':'l,. ,.it' �)• � tv Pro ecl Mane • er/Date Release Final Pmt DMsion 8u .w . nrisor/Date Accounlln. ' ate iINVOICE.RPT 11 /15/2010 • a�STATe s Natural Resources Building w � (360) 902-3000 1111 Washington St SE y TTY(360) 902-1996 Olympia WA 98501 a — Fax:(360)902-3026 s � PO Box 40917 �y�,Bee °y E-mail:info@rco.wa.gov Olympia WA 98504-0917 STATE OF WASHINGTON Web site:www.rco.wa.gov RECREATION AND CONSERVATION OFFICE November 15, 2010 Chris Anderson City of Auburn 25 W Main St Auburn, WA 98001-4998 RE Fenster Levee Setback & Floodplain Restoration II, RCO #09-1429R Amendment# 1 Dear Mr Anderson. In response to your request to amend the above-referenced Project Agreement, we have reviewed the circumstances and pertinent RCWs, WACs, and program policies relating to your request. As a result, I am approving an amendment to the Fenster Levee Setback & Floodplain Restoration II project. Enclosed are two original amendments to the Project Agreement. Please sign both amendments, retain one for your records, and return one original. If you have any questions, please call Marc Duboiski at (360) 902-3137, or send an e-mail to marc.duboiski @rco.wa.gov Sincerely, Kaleen Cotting am Director rte= o n G C: Enclosures r' 3 GJ7 Recreation and Conservation Funding Board•Salmon Recovery Funding Board•Washington Biodiversity Council Washington Invasive Species Council• Forum on Monitoring Salmon Recovery and Watershed Health • nMeNOCVR RaT Governor's Salmon Recovery Office gwr9 'Y WASNIIIGTON STATE 10 40 Recreation and - Conservation Office Amendment to Project Agreement Project Sponsor: City of Auburn Project Number: 09-1429R Project Title: Fenster Levee Setback & Floodplain Restoratior Amendment Number: 1 Amendment Type: Cost Change Amendment Description: The project is amended to increase the SRFB contribution by $100,000(2007 PSAR funds), which is 16% of the total project cost. The sponsor match is also being increased by $181,335 See the City of Auburn's detailed amendment request and WRIA#9 lead entity support in the PRISM attachment section Project Funding: The total cost of the project for the purpose of this Agreement changes as follows: Old Amount New Amount Amount % Amount % RCO - PSAR $000 000% $100,00000 1565% RCO -SALMON FED PROJ $304,10300 8500% $304,103.00 4758% Project Sponsor $53,66500 1500% $235,00000 3677% Total Project Cost $357,76800 100% $639,10300 100% Admin Limit $000 000% $000 000% A&E Limit $80,00000 2880% $147,485.31 3000% 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 City of Auburn Recreation and Conservation Office s / AGENCY: BY: �chn xs-�Y X !• �' BY: Zieen Collinaham 6 TITLE: Director q DATE: TITLE: 114 )/�J DATE: NOV 2 2 2010 Pre-approved as to form: BY /S/ Assistant Attorney General SAL Project Cost Change Amendment Salmon Fundina Accounts Chanter 77.85 RCW Chaoter 420 WAC AMENAGRIRPT , Amendment Agreement Description Project Sponsor: City of Auburn Project Number: 09-1429 R Project Title: Fenster Levee Setback & Floodplain Restoration II Amendment Number' 1 Agreement Description The site is adjacent to the downstream end of an intact two-mile long riparian corridor along the Green River within the Fenster Nature Park (Auburn) and the Auburn Narrows Natural Area (King County) and is adjacent to two SRFB funded restoration projects. This proposal entails setting back the final approximately 880-foot long segment of the Fenster Levee that has not already been set back from its existing location at the top of the bank in order to restore instream, riparian and Floodplain habitat This levee setback project would complete years of work by the city and the county to set back or completely remove all of the levees within a two-mile stretch of high quality habitat between this proposed project site and the SR-18 bridge The area is largely vegetated by deciduous trees (some of which are relatively mature) and shrubs An existing swale lies landward of the current levee prism, which is immediately adjacent to the river bank As a result, the Floodplain is disconnected from the river and cannot serve as off-channel habitat or help to attenuate fast water velocities during floods when large numbers of juvenile salmonids including ESA-listed Chinook and steelhead are either incubating or rearing in this part of the Green River This segment of the Green River is also heavily used by several species of salmon and trout for spawning and migration. After construction of the levee setback, the site will be replanted and monitored by the Veteran's Conservation Corps in partnership with the City of Auburn AAGREEDSC RPT November 15, 2010 Paget •mendment Special Conditions• Project Sponsor: City of Auburn Project Number: 09-1429 R Project Title: Fenster Levee Setback & Floodplain Restoration II Amendment Number: 1 Special Conditions None ASPECCOND.RPT November 15, 2010 Page Amendment Eligible Scope Activities Project Sponsor: City of Auburn Project Number•09-1429 Project Title: Fenster Levee Setback & Floodplain Restoration II Project Type:Restoration Program: Salmon Federal Projects Amendment#: 1 Project Metrics Project Monitoring Type Of Monitoring. Implementation Monitoring Project Planning Project Identified In a Plan or Watershed Assessment: Green River Chapter of the Puget Sound Chinook Recovery Plan, 2005. Project Restoration Targeted salmonid ESU/DPS. Chinook Salmon-Puget Sound ESU - Restoration Metrics Worksite #1, Fenster Levee Setback Phase II Instream Habitat Project Total Length Of Instream Habitat Treated 034 Channel reconfiguration and connectivity Type of change to channel configuration and connectivity Creation/Connection to Off-Channel Habitat, Meanders Added Miles of Stream Treated for channel reconfiguration and connectivity 0.20 Miles of Off-Channel Stream Created: 0.20 Acres Of Channel/Off-Channel Connected Or Added: 40 Instream Pools Created/Added 2 Plant removal/control Miles of Stream Treated for plant removal/control 0 Acres of Streambed Treated for plant removal/control: 1 0 Streambank stabilization Miles of Streambank Stabilized 0 17 Cultural Resources Cultural resources Permits Obtain permits AELIGREIM RPT November 15, 2010 Page 1 VEICREATION AND CONSERVATION OFFI, FORM State of Washington Agency Name IN IF VOUCHER Sponsor's Certificate I hereby certify under penalty of perjury that the items Recreation and Conservation Office and totals listed herein are proper charges for materials,merchandise or P O. Box 40917 services furnished to the State of Washington,and that all goods furnished Olympia, WA 98504-0917 and/or services rendered have been provided without discrimination because of age, sex, marital status, race,creed, color, national origin,handicap, religion or Vietnam era or disabled veterans status Sponsor BY City of Auburn 25 W Main St Auburn,WA 98001-4998 (TITLE) (DATE) To Be Completed By Sponsor Project Number 09-1429 R Invoice# Billing Period This is a Final Billing? Project Name Fenster Levee Setback&Floodplain Ri 2 From To Yes[ ] No[ ] Previous Expenditures To Date. Costs For This Billing Project Non-Reimbursable Non-Reimbursable CATEGORIES Agreement Expenditures Match Total Expenditures Match Total $000 Construction $0.00 $000 $000 A&E $000 $000 $0 00� Development Total $000 $0.00 $000 $639,10300 $0.00 $0 00 $0.00 FUNDING & EXPENDITURE FORMULA For RCO Use ONLY Agreement Information Previous RCO Reimbursements Sponsor 3677029% $235,00000 Total Billed $0.00 RCO Federal Share Billed $000 RCO SALMON FED PROJ 4758278% $304,103.00 Share Approved $0.00 RCO PSAR 1564693% $100,00000 Advance Balance $000 Match Owed Balance $000 Share Retained $000 Share Paid $000 Agreement Total 100.00000% $639,10300 Match Bank $0.00 Doc Date Current Doc No Ref Doc# Vendor Number Vendor Message SWV0002069-00 09-1429 R Tran Code Fund Appnlndex Frog Index Sub Ob SubSub Obj Project# Amount Invoice# 210 001 Q19 98104 NZ 2 210 001 1 Q53 98104 NZ 2 Certification For Payment Project Manager/Date Release Final Pmt[J Division Supervisor/Date Ac counting/Date 1 INVOICE RPT 11 /15/2010 • cirY of AUBURN Peter B. Lewis, Mayor WASHINGTON 25 West Main Street * Auburn WA 98001-4998 * www.auburnwa.gov * 253-931-3000 Karen Bergeron WRIA 9 Grant Coordinator King Street Center 201 S Jackson Street, Room 600 Seattle, WA 98104-6855 RE: City of Auburn Fenster Levee Setback & Floodplain Restoration II Washington State Recreation and Conservation Office Project Number 09-1429R Dear Ms. Bergeron: The City of Auburn is requesting an amendment to our Washington State Recreation and Conservation Office grant agreement for the Fenster Levee Setback& Floodplain Restoration II project (Project Number 09-1429R). The proposed amendment would add $100,000 in Puget Sound Acquisition and Restoration grant funds as was approved by the WRIA 9 Ecosystem Forum at their August 12, 2010 meeting. In addition, the City requests that the project matching funds be increased by $181,335. For more information about the project location, please see the enclosed Project Vicinity Map. Since the submittal of the City of Auburn's grant application to the Salmon Recovery Funding Board, the City has been able to secure matching funds for the project from the King Conservation District in the amount of$200,000 and City of Auburn Storm Drainage Funds in the amount of$35,000. Having secured this match, the City is now comfortable documenting our total match received in our Salmon Recovery Funding Board grant. In addition, as the City has worked with King County to further refine the project design and budget, we have determined that more funding will be necessary to complete the project as was described in the original SRFB proposal due to a more thorough understanding of on-site conditions. Our analysis determined that an additional $100,000 will be required in order to successfully complete the full project. Please see Table 1 below showing the City of Auburn's current SRFB budget and the proposed grant amendments. Table 2 below shows a more detailed proposed budget breakdown. Table 1: Proposed Amendments to SRFB Grant Budget Current SRFB Grant Proposed Ameudments SRFB Funds $304,103 (85%) $404,103 (63%) Sponsor Match $53,665 (15%) $235,000 (37%) Project Total $357,768 $639,103 AUBURN * MORE THAN YOU IMAGINED Karen Bergeron October 29, 2010 Page 2 Table 2: Pro osed Budget Breakdown Item Unit Quantity Unit Cost Total Cost Mob 1 % 8.0% $30,494 Construction 3 Day 1,250 $3,750 Survey Clearing and 1 Acre 12,000 $12,000 Grubbing Levee Cut 6,400 Cubic Yard 13 7 $87,680 Setback Trench 5,000 Cubic Yard 13.7 $68,500 Cut Setback Trench 4,000 Cubic Yard 1.5 $6,000 Native Fill Rip-Rap Fill 1,200 Cubic Yard 19.6 $23,520 Setback Levee 1,690 Cubic Yard 3 $5,070 Native Fill Geo-Grid 950 Linear Foot 32 $30,400 Log Cluster 115 Each 570 $65,550 Construction 15 Day 2,300 $34,500 Labor BMP 1 Lump Sum 3,000 $3,000 Placement Hog Fuel 350 Cubic Yard 12 $4,200 Dust Control 1 Lump Sum 8,000 $8,000 Hydroseeding 1 Lump Sum 4,500 $4,500 Demob I Lump Sum 5,500 $5,500 Soil I Lump Sum 7,000 $7,000 Amendment Native Plants 1 Lump Sum 12,000 $12,000 and Planting Archaeology 1 Lump Sum 25,000 $25,000 Permitting 1 Lump Sum 54,780 $54,780 Item Cost $491,444 Subtotal State and Local $46,687 Sales Tax Subtotal $538,131 A&E Cost $100,972 Estimate Total Cost $639,103 Estimate Karen Bergeron October 29, 2010 Page 3 Thank you for your review of the City's amendment request. Should you have any questions or need additional information, I can be reached at 253-876-1962 or by e-mail at candersen@auburnwa.gov. If you support this amendment request, please forward the City of Auburn letter along with your support to Marc Duboiski at the Washington State Recreation and Conservation Office. Sincerely, Chris Andersen Environmental Protection Manager Cc: Marc Duboiski, Washington State Recreation and Conservation Office Enclosure Fenster Phase 2 Project Vicinity Map S -#fi P / City of Auburn Project Area , aE a Natural Resources Building o� a (360)902-3000 1111 Washington St.S.E. > TTY(360) 902-1996 Olympia,WA 98501 w s Fax: (360)902-3026 0 PO.Box 40917 �Ha,eee+°y E-mail: info @rco.wa.gov Olympia,WA 98504-0917 Web site:www.rco.wa gov STATE OF WASHINGTON RECREATION AND CONSERVATION OFFICE RECEIVED FEB 19 2013 February 11, 2013 PLANNING & DEVELOPMENT Chris Andersen City of Auburn 25 W Main St Auburn, WA 98001-4998 RE. Fenster Levee Setback & Floodplain Restoration II, RCO #09-1429R Amendment# 3 Dear Mr Andersen. Staff has received your time extension request for the above-referenced project. Based on a review of Project Agreement milestones and circumstances you have described in your correspondence, your request is approved. Attached are an original Project Agreement amendment and revised Milestone Report for your records. No signature is required on your part; this amendment Is fully executed. If you have any questions, please call Elizabeth Butler at (360) 725-3944 or send an e-mail to elizabeth.butler @rco.wa.gov Sincerely, � L/r.i Kaleen Cottingham Director Enclosures Recreation and Conservation Funding Board•Salmon Recovery Funding Board Washington Invasive Species Council•Governor's Salmon Recovery Office w w TIMExcvR RPT Habitat and Recreation Lands Coordinating Group %4P yWASXINGTQrJ STATE Recreation and Conservation Office Amendment to Project Agreement Project Sponsor: City of Auburn Project Number: 09-1429 R Project Title: Fenster Levee Setback & Floodplain Restoration Amendment Number: 3 Amendment Type: Time Extension Amendment Description: Pursuant to a request from City of Auburn the Project Agreement identified above is amended to extend the end date of this agreement. The project period of 12/10/2009 to 12/31/2013 is extended to allow the contracting party until 06/30/2014 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 BY: Qe�dy. 2VL Kaleen Cottingham TITLE: Director DATE: Pre-approved as to form. By /S/ Assistant Attorney General SAL Project Time Extension Amendment Salmon Funding Accounts Chapter 77 85 RCW, Chapter 420 WAG TIMEXTEN RPT Amendment Milestone Report Project Number: 09-1429 R Amendment Number: 3 Project Name: Fenster Levee Setback & Floodplain Restoration II Sponsor: Auburn City of IAC Project Manager: Elizabeth Butler X Milestone Target . .te Comments/Description X Project Start 12/10/2009 X RFP Complete 05/01/2010 X i Progress Report Submitted 07/15/2010 REQUIRED Enter into PRISM X i Annual Project Billing 07/31/2010 REQUIRED X I Progress Report Submitted 08/10/2012 REQUIRED Enter into PRISM X i Progress Report Submitted 01/15/2013 i Annual Project Billing 02/28/2013 REQUIRED i Preliminary Design to RCO 02/28/2013 As described in SRFB Manual 18 Appendix D-2 (Special Condition IV ) i Special Conditions Met 03/29/2013 DNR Coordination per Special Condition Il. i Special Conditions Met 03/31/2013 Tech Rev Panel review of design per Special Condition I. i Applied for Permits 04/30/2013 All required permits i Final Design to RCO 05/15/2013 As described in SRFB Manual 18 Appendix D-3 (Special Condition IV ) Cultural Resources Complete 05/31/2013 RCO to manage Governor's Executive Order 05-05(Special Condition III) Bid Awarded/Consultant Hired 05/31/2013 Construction Started 06/30/2013 Includes clearing, cut, fill, and haul i Progress Report Submitted 07/30/2013 i Annual Project Billing 11/29/2013 REQUIRED i Progress Report Submitted 01/30/2014 Construction Complete 04/30/2014 Includes plantings and LWD placement, complete Final Design to RCO 05/30/2014 As-built design as described in SRFB Manual 18 Appendix D-4 (Special Condition IV ) Monitor/Steward Plan Submitted 05/30/2014 Stewardship Plan required prior to closing i Agreement End Date 06/30/2014 PROJECT CLOSING. All expenditures must occur prior to this date. Final Docs/Billing to Mqmt Aqy 08/29/2014 Sponsor has 90 days from project complete date to submit all billings and final report. AMILESTO RPT February 11, 2013 Page 1 Amendment Milestone Report X= Milestone Complete I =Critical Milestone AMILESTORPT February 11. 2013 Page. 2 0 • Guyot, Lucienne (RCO) From: Abbott, Brian (RCO) To: candersen @auburnwa.gov Cc: Duboiski, Marc (RCO) Subject: Fully Signed Copy of RCO 09 1429 Importance: High Natural Resources Building P.O. Box 40917 Olympia, WA 98504 -0917 1111 Washington St. S.E. Olympia, WA 98501 STATE OF WASHINGTON RECREATION AND CONSERVATION OFFICE TO: Chris Anderson, City of Auburn RE: Fenster Levee Setback Floodplain Restoration II, RCO # 09 -1429R (360) 902 -3000 Try: (360) 902-1996 Fax: (360) 902-3026 E-mail: I nfo O rco. w a. eov Web site: www.rco.wa.Qov Thank you for returning your RCO grant funded project agreement for signature. Your agreement has been signed by RCO management and your project has been made active. If you provided us with two copies of the agreement, a signed copy is being post mailed to you for your files. Please contact your RCO grant manager if you have any additional questions. Thank you. )- + • wnzxincron surr _.� Recreation and ice► Conservation Office Salmon Project Agreement Salmon Funding Accounts Project sponsor: City of Auburn Project Number: 09 -1429R Project Title: Fenster Levee Setback & Floodplain Restoration II Approval Date: 12/10/2009 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 Auburn (sponsor), 25 W Main St, Auburn, WA 98001 -4998 and shall be binding on the agents and all persons acting by or through the parties. S. 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 December 10, 2009 and end on December 31, 2013. 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 maybe 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 ongoing obligation for the above project under this Agreement is to provide maintenance of the site or facility to serve the purpose for which it was Intended for a minimum of ten (10) years, or more as specified in the Landowner Agreement, after the final payment unless the site or facility is rendered unusable for the purpose It was Intended by an act of nature. F. PROJECT FUNDING The total grant award provided by the funding board /office for this project shall not exceed $304,103.00. 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: SRFH - Salmon Fedora] Projects Project Sponsor Total Project Cost G. RIGHTS AND OBLIGATIONS Percentage Dollar Amount 85.00% 15.00% $304,103.00 $53,665.00 100.00% $357,766.00 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 reimbursement activities report, 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 p09 -1429R Salmon Funding Accounts Chapter 77.85 ROW, Chapter 420 WAC Page 1 of 14 PROJAGR.RPT • r H. COMPLIANCE WITH APPLICABLE STATUTES, RULES, AND RCFB -SRFB POLICIES This agreement is governed by, and the sponsor shall comply with, all applicable slate 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 None 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 NA08NMF4380608 for federal fiscal year 2008. Funds provided from the US Dept of Commerce must be reported under CFDA #11.438 - Salmon Restoration and Award Number NA09NMF4380363 for federal fiscal year 2009. If the sponsors 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 Circular A -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 Name: Chris Anderson Title: Address: 25 W Main St Auburn, WA 98001 -4998 SRFB Recreation and Conservation Office Natural Resources Building PO Box 40917 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. ENTIREAGREEMENT This agreement, with all amendments and attachments, constitutes the entire agreement of the parties. No other understandings, oral or otherwise, regarding this agreement shall exist or bind any of the parties. M. EFFECTIVE DATE This agreement, for project 09.1429R, shall be effective on signing by all parties. Reimbursements for eligible and allowable costs Incurred prior to the effective date and those costs incurred within the period of performance are allowed only when this agreement is signed by all parties and an original is received by RCO. The period of performance Is Identified In section D. Salmon Project Agreement - RCO #09.1429R Salmon Funding Accounts Chapter 77.85 RCW, Chapter 420 WAC Page 2 of 14 PROJAGR.RPT 0 The signators listed below represent it o bind the parties to this agreement. City of Auburn - By: Date: APR 5 2010 Name: (printed) Title: State of Washington On behalf of th al on Recove F n Ing B and (SRFB) By: aleen Cottingham Director, Recreation and Conservation Office Pre - approved as to form: By: /s! Assistant Attorney General Date, V/ , / zo Date: April 1, 2009 RECF_P.VE® APR 1 A 2010 p,ECREATION AND CONSERVAI IUN OFHCE Salmon Project Agreement - RCO #09 -1429R Salmon Funding Accounts Chapter 77.85 RCW, Chapter 420 WAC Page 3 of 14 PROJAGR.RPT 'y J, WASHINGTON STATE Recreation and Conservation Office Project Sponsor: City of Auburn 0 46 Standard Terms and Conditions of the Project Agreement Project Number: 09 -1429R Project Title: Fenster Levee Setback & Floodplain Restoration II Approval Date: 12/10/2009 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 oontractor(s) in any tier. corporate sponsor -Any corporate form of business. Including nonprofit organizations, under RCW 23, 23B and 24. developmentfrenovadon - 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. elements and Items - Components defined as part of the scope of work, see Section 26 B. 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 spedfied 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. 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 goals and objectives 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 moot critical milestones or complete the project, as set out in this agreement, Is a material breach of the agreement. Saimon Project Agreement - RCO #09 -1429R Salmon Funding Accounts Chapter 77.85 RCW, Chapter 420 WAC Page 4 of 14 PROJAGRAPT 0 SECTION 3. ASSIGNMENT 0 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 Stale 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 sponsors 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. Sponsors obligation to defend Includes payment of any costs or attorneys' fees. Sponsors obligation shall not include such claims that may be caused by the sole negligence of ROO, its officials, agents, and employees. If the claims or damages are caused by or result from the concurrent negligence of (a) ROO, 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 ROW 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 ROO. The sponsor will not hold itself out as not claim to be an officer, employee or agent of ROO, a funding board or of the slate 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, slate, and /or local laws. SECTION 7, CONFLICT OF INTEREST Notwithstanding any determination by the Executive Ethics Board or other tribunal, ROO may, in its sole discretion, by written notice to the sponsor terminate this agreement If it Is found after due notice and examination by ROO that there is a violation of the Ethics in Public Service Act, Chapter 42.52 ROW; 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, ROO 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 ROO 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 ROO 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 ceremonles. 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 pad 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 - ROO k09.1429R Salmon Funding Accounts Chapter 77.85 ROW, Chapter 420 WAG Page 5 of 14 PROJAGR.RPT 9 0 SECTION 9. COMPLIANCE WITH APPLICABLE LAW The sponsor will Implement the agreement In accordance with applicable federal, slate, 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 Ad; permits (shoreline, Hydraulics Project Approval, demolition); land use regulations (critical areas ordinances, Growth Management Act); federal and state safety and health regulations (Occupational Safely and Health AdminislrationNVashington Industrial Safely 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 compiled 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 sponsors 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 exewtive- 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 Governors Executive Order (ED) 05 -05 or compliance with Section 106 of the National Historic Preservation Act concerning the review, analysis, and consultation with the Washington State Department of Archaeology and Historic Preservation and affected Tribes for archaeological and cultural resources. The funding board requires documented compliance with EO 05 -05 or Section 106 of the National Historic Preservation Act, whichever is applicable to the project. In the event that a federal agency declines to consult, the sponsor shall comply with EO 05-05. The sponsor must comply with EO 05 -05 or the National Historic Preservation Act before Initialing ground disturbing activity. RCO will Issue a notice to proceed (if applicable) when appropriate documentation has been received. RCO will not reimburse for construction related activity until the sponsor demonstrates compliance. In the event that archaeological or historic materials are discovered during project activities, work in the location of discovery and immediate vicinity must stop Instantly, the area must be secured, and notification must be provided to the following: concerned Tribes' cultural staff and cultural committees, RCO, and the State Department of Archaeology and Historic Preservation. In the event that human remains are discovered during project activity, work In the location of discovery and immediate vicinity must slap Instantly, the area must be secured, and notification provided to the concerned Tribe's cultural staff and cultural committee, RCO, State Department of Archaeology, the coroner and local law enforcement in the most expeditious manner possible according to RCW 68.50. SECTION 11. HAZARDOUS SUBSTANCES A. Definition. "Hazardous substance;' as defined In Chapter 70.105D.020 (11) RCW, means: 1. Any dangerous or extremely hazardous waste as defined in Chapter 70.105.010(5) and (6) RCW, or any dangerous or extremely hazardous waste designated by rule pursuant to Chapter 70.105 RCW; 2. Any hazardous substance as defined In Chapter 70.105.010(14) RCW or any hazardous substance as defined by rule pursuant to Chapter 70.105. RCW; 3. Any substance that, on March 1, 1989, is a hazardous substance under section 101(14) of the federal cleanup law, 42 U.S.C. Sec. 9601(14); Salmon Project Agreement- RCO M09 -1429R Salmon Funding Accounts Chapter 77.85 RCW, Chapter 420 WAC Page 6 of 14 PROJAGR.RPT 4: Petroleum or petroleum products; 5. Any substance or category of substances, including solid waste decomposition products, determined by the director [or director's designee) of the department of ecology by rule to present a threat to human health or the environment if released 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 lank 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: 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 slate 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 attorneys' 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 dale 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 Slate 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 42.58 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 3929 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 assails) 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 ROO policies, or return the fair market value of the assets) 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 orwhich 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 ROO, 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 #09.1429R Salmon Funding Accounts Chapter 77.85 RCW, Chapter 420 WAC Page 7 of 14 PROJAGR.RPT 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) shelf 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.epis.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 certificelion 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 B. 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 U09 -1429R Salmon Funding Accounts Chapter 77.85 RCW, Chapter 420 WAC Page a of 14 PROJAGRAPT 10 SECTION 21. ADVANCE PAYMENTS 0 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 complywith SRFB policy. See WAC 420 - 12.000 (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, ROO 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 ROO for any overpayment or erroneous payments made under the agreement. Repayment by the sponsor of such funds under this recovery provision shall occurwilhin 30 days of demand by ROO. 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 CONTINGENTFEES The sponsor warrants that no person or selling agent has been employed or retained to soliclt 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. ROO shall have the right, in the event of breach of this douse 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 developmenllresloration 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 developmenVrestoralion or construction plans and specifications to ROO for review. Review and approval by ROO will be for compliance with the terms of this agreement. B. Contracts for Development or Restoration. Sponsor shall award all contracts for construction, development or restoration using whatever method Is appropriate and required for the sponsor. C. Contract Change Order. Only change orders that Impact the amount of funding or changes to the scope of the project as described to and approved by the funding board or ROO 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 ROO 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 pollcles.' F. Use of Best Management Practices. Project sponsors are encouraged to use best management practices developed as pad 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 ROO as provided under this agreement, the sponsor agrees to supply evidence to ROO 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. D. 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 ROO, on behalf of the Stale of Washington. These documents include a Deed of Right, Assignment of Rights, Easements and Leases. The sponsor agrees to use document language provided by ROO, to record the executed document in the County where the real properly lies, and to provide a copy of the recorded document to ROO. 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- ROO #09.142SR Salmon Funding Accounts Chapter 77.85 ROW, Chapter 420 WAC Page 9 of 14 PROJAGR.RPT • 0 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 properly 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 Slat. 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. O Archaeological and Cultural Resources. The sponsor agrees that any real properly 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 ANDlOR 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. Properly 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 #09 -14298 Salmon Funding Accounts Chapter 77.85 RCW, Chapter 420 WAC Page 10 of 14 PROJAGR.RPT g, Changing s project's elements and Itemsken approved by the funding board or director, certain elements and items maybe deleted from the agreement without being considered a conversion. In the following Instances the board may authorize changes without Invoking the requirement to replace the elements and items. Such deletions are allowed when the funding board or director determines that the elements and 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 288 -27 -060(2)). SECTION 27. CONSTRUCTION, OPERATION, USE AND MAINTENANCE OF ASSISTED PROJECTS Sponsors must ensure that properties or facilities assisted with funding board funds, Including undeveloped sites, are built, operated, used, and maintained: A. According to applicable federal, slate, and local laws and regulations, including public health standards and building codes. S. 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 stale 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 slate 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 slate for the activity Involved. Excepted are Firearms and Archery Range Recreation Program safely 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 Ina 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 stale or federal law, the revenue may only be used to offset: 1. The sponsors 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 slate or local public facilities. Salmon Project Agreement- RCO 009 -1429R Salmon Funding Accounts Chapter 77.85 RCW, Chapter 420 WAC Page 1 f of 14 PROJAGRRPT 0 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 sponsors 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, white 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 Slate, 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 mailing 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, stale, 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 duly to any Individual person with respect to death, Injury, or damage to property which that person may sufferwhile 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 pert 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 W - 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 lo, 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 #09 -1429R Salmon Funding Accounts Chapter 77.85 RCW, Chapter 420 WAC Page 12 of 14 PRO.IAGR.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 ROO's director or designee. SECTION 39. LIMITATION OF AUTHORITY Only RCO or ROO'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 ROO, 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 slated to be such in writing, signed by the director, or the director's designee, and attached to the original agreement. SECTION 39. APPLICATION REPRESENTATIONS — MISREPRESENTATIONS OR INACCURACY OR BREACH The funding board and ROO 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 I ' The funding board and ROO 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 ROO 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 falls 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 beard or director may require that any amount paid be repaid to ROO for redeposh Into the account from which the funds were derived. The funding board and ROO 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 ROO shall be deemed exclusive. The funding board or ROO 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 Slate Legislature, or If such funds are not allocated by the Washington State Once of Financial Management (OFM) to ROO for expenditure for this agreement in any biennial fiscal period, ROO shell 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 ROO participation Is suspended under this section for a continuous period of one year, ROO'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, ROO 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, ROO 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 - ROO 809 -1429R Salmon Funding Accounts Chapter 77.85 ROW, Chapter 420 WAC Page 13 of 14 PROJAGR.RPT 9 9 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 sponsors 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 LAWIVENUE This agreement shall be construed and interpreted in accordance with the laws of the Stale 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 Slate of Washington. In the cases where this agreement is between the funding board and a federally recognized Indian Tribe, the following governing lawtvenue 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 Stale 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 Stale 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 walver 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 #09.1429R Salmon Funding Accounts Chapter 77.85 RCW, Chapter 420 WAC Page 14 of 14 PROJAGR.RPT Salmon Pram Federal Recovery Projects Post - Evaluation Project Summary TITLE: Fenster Levee Setback & Floodplain Restoration II NUMBER: 09 -1429R (Restoration) STATUS: Board Funded SPONSOR: City Of Auburn EVALUATION SCORE: BOARD RANKING: COSTS: SPONSOR MATCH: Salmon Federal Projects $304,103 85% Appropriation \ Cash Local $53,665 15% Grant - Local Total $357,768 100% DESCRIPTION: The site is adjacent to the downstream end of an intact two -mile long riparian corridor along the Green River within the Fenster Nature Park (Auburn) and the Auburn Narrows Natural Area (King County) and is adjacent to two SRFB funded restoration projects. This proposal entails selling back the final approximately 880•foot long segment of the Ferister Levee that has not already been set back from its existing location at the top of the bank in order to restore instream, riparian and floodplain habitat. This levee setback project would complete years of work by the city and the county to set back or completely remove all of the levees within a two -mile stretch of high quality habitat between this proposed project site and the SR -18 bridge. The area is largely vegetated by deciduous trees (some of which are relatively mature) and shrubs. An existing swale lies landward of the current levee prism, which is immediately adjacent to the river bank. As a result, the floodplain is disconnected from the river and cannot serve as off - channel habitat or help to attenuate fast water velocities during floods when large numbers of juvenile salmonids including ESA - listed Chinook and steelhead are either incubating or rearing in this part of the Green River. This segment of the Green River is also heavily used by several species of salmon and trout for spawning and migration. After construction of the levee setback, the site will be replanted and monitored by the Veteran's Conservation Corps in partnership with the City of Auburn. LOCATION INFORMATION: Green River Fenster Levee, City of Auburn COUNTY: GOAL & OBJECTIVE: King LEAD ENTITY ORG: WRIA 9 LE (King County) WRIA: Duwamish -Green (9) The goal of the project is to improve inslream morphology and habitat in salmon bearing streams. The objective of the project is to Increase insfream cover, spawning, and resting areas. SALMON INFORMATION: (' Indicates primary) Species Tarnetod Bull Trout Chinook (Threatened (06/06))" Chum (Not Warranted (06106)) Cone (Species of Concern (06/06)) Habitat Factors Addrossod Biological Processes Channel Conditions* Floodplain Conditions FISCAL YEAR: 2010 1PAPSUM7.RPT Cutthroat Pink Sockeye Steelhead (Proposed Threatened (06/06)) Riparian Conditions Streambed Sediment Conditions Water Quality DATE PRINTED: March 8, 2010 Fenster Levee Setback & Floodplain Restoration II * • Eligible Reimbursement Activities Report Project Sponsor: City of Auburn Project Number: 09 -1429 R Project Title: Fenster Levee Setback & Floodplain Restoration II Approval: 12/10/2009 Restoration Items: Worksite Element Item Unit Quantity Description 41, Fenster Levee Setback Phase II Architectural & Engineering A & E development Lump Sum 1.00 41, Fenster Levee Setback Phase II In- Stream Habitat Channel reconliguralion Linear fl 333.00 Remove existing rock armor & levee fill, excavate low bench #1, Fenster Levee Setback Phase II In- Stream Habitat Cultural resources Lump sum 1.00 Cultural resources survey to comply with Exec Order OS -05 #1, Fenster Levee Setback Phase II In- Stream Habitat #1, Fenster Levee Setback Phase II In- Stream Habitat #1, Fenster Levee Setback Phase II InSlream Habitat Dike removal /setback Linear fl 880.00 Permits Lump sum 7.00 Plant removaUcontrol Acres 0.80 ELIGREIM.RPT March 8, 2010 Page: 0 • Milestone Report By Project Project Number: 09 -1429 R Project Name: Fenster Levee Setback & Floodplain Restoration II Sponsor: Auburn City of Project Manager: Tara Galuska X = Milestone Complete I = Critical Milestone All FRTn RPT Mnrnh AR 'JMn Pan.• Project Start 12/10/2009 RFP Complete 05/01/2010 Progress Report Submitted 07/15/2010 REQUIRED. Enter Into PRISM Annual Project Billing 07/31/2010 REQUIRED t Cultural Resources Completed 03/010011 Progress Report Submitted 03/1512011 REQUIRED. Enter into PRISM t Annual Project Billing 07/31/2011 REQUIRED t A &E Plans Submitted 10/01/2011 Applied for Permits 11/30/2011 City of Auburn, stale and federal permits Progress Report Submitted 03/1512012 Bid Awarded/Consultant Hired 06/01/2012 Construction Started 06 /30/2012 Includes clearing, cut, fill, and haul Annual Project Billing 07/31/2012 REQUIRED Progress Report Submitted 03/15/2013 Construction Complete 04/30/2013 Includes plantings and LWD placement, complete Annual Project Billing 07/31/2013 REQUIRED Monitor /Steward Plan Submitted 11/30/2013 Stewardship Plan required prior to dosing Project Complete 12131/2013 PROJECT CLOSING, All expenditures must occur prior to this date. Final Docs/Billing to Mgmt Agy 01/31/2014 Sponsor has 90 days from project complete date to submit all billings and final report. X = Milestone Complete I = Critical Milestone All FRTn RPT Mnrnh AR 'JMn Pan.• Press Release Template City of Auburn offered grant to restore land for salmon recovery. (Auburn) - City of Auburn was awarded a grant of $304,103.00 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 Auburn will use this grant to set back the final 880 feet of the Fenster levee to restore habitat in the Green River and Its floodplain. This project will complete years of work by Auburn and King County to set back or completely remove all levees within a 2 -mlle stretch of high quality habitat between this project site and the State Route 18 bridge. Combined with the work previously done, this final project reconnects the floodplain to the river, providing off - channel habitat for large numbers of juvenile salmon, Including Endangered Species Act - listed Chinook and steelhead. This part of the Green River also is heavily used by several species of salmon and trout for spawning and migration. After construction of the levee setback, the site will be replanted and monitored by the Veteran's Conservation Corps In partnership with the city. In aggregate, these projects also Increase storage of floodwaters, reducing the risk of flooding downstream. Auburn will contribute $53,665 from a local grant and cash. There were one hundred 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, December 10, 2009. Funding for the Salmon Program comes from funds administered by NOAA Fisheries. City of Auburn will leverage local contributions totaling $53,665.00 with grant monies to implement the project. Total estimated project cost is $357,768.00. SRFB is the state's administrator of the grant program. Contact: Chris Anderson, (253) 876 -1962 (sponsor project manager) Tara Galuska, (360) 902 -2953, tara.galuska @rco.wa.gov (SRFB project manager)