RCO - Orj. & Amend #1 - Willow Creek DaylightingAmendment Special Conditions
Project Sponsor: City of Edmonds Project Number: 14-1299 P
Project Title: Willow Creek Daylighting Preliminary Design Amendment Number: 1
Special Conditions
a) Design and Restoration Project Deliverables:
The project will meet the standards for Design and Restoration Project Deliverables described in Manual 18 (2016)
Appendix D-1 "Conceptual Design Deliverables". Submit the following deliverables to your SRFB grants manager
along with any assessment, -data collection summaries and report's, and feasibility deliverables funded in the scope
of work.
a) Description of the project site and the problems within the context of salmon recovery.
b) Identification of specific goals and objectives for addressing the problems.
c) Identification and conceptual design of alternative(s) for achieving the project objectives. Each conceptual
design alternative must include a description of the design and a plan view drawing of existing site conditions
and the proposed project on accurately scaled site plans. The plan view drawing must include an area/location
map, property boundaries (either surveyed or approximated based on assessor's data), landownership, roads or
other infrastructure as appropriate, scale, north arrow, water bodies and direction of flow, bank -full width or
mean high water line for marine waters, and approximate dimensions of proposed elements.
d) Evaluation and discussion of stakeholder comments and the pros and cons of each alternative.
e) Selection of the preferred alternative(s).
f) Rough construction cost estimate of the preferred alternative(s). (optional)
b) Condition: SRFB Review of Draft Conceptual Design: Project sponsor will submit a draft version of conceptual
design deliverables for SRFB review panel design for review and comment. Review may take 30-60 day upon current
work load of review panel members,
c)Cgns_YiJLor7: Control and Tenure established, and MOU provided to SRFB: Project sponsor will provide a signed
Landowner Acknowledgement Form from WSDOT-Ferries and a written report of negotiations between the City and
WSDOT-Ferries that includes an MOU between these two parties clearly stating the agreed upon preferred alternative
channel alignment across the Unocal property (future WDSOT property) including any communicated intention and/or
commitment from WSDOT-Ferries to adopt or incorporate the concept into their future development of the project
permanent.
d) Cultural Resources
The cultural resources assessment was completed for a portion of the site (the marina beach property) under a prior
phase of the project and is attached in PRISM. The future restoration project will be subject to the National Historic
Preservation Act, Section 106, but preliminary designs may require additional ground disturbing activities for
geotechnical and other investigations. In order to be exempt from Governor's Executive Order 05-05 Archaeological and
Cultural Resources (EO 05-05) as described in Section 9 of this project agreement, sponsor must have an archaeologist
monitor any ground disturbing activities necessary for design development, and incorporate observations and results into
the Cultural Resources Assessment that will be prepared for the Section 106 consultation.
Please note, in order for a future RCO funded restoration project to be exempt from EO 05-05, the Section 106 Area of
Potential Effect (APE) must include all ground -disturbing activities (e.g., restoration staging area, riparian planting
areas). The sponsor is encouraged to work with the federal permitting agency to,align the Section 106 APE with the
scope of work subject to a future RCO funded restoration project proposal. If the APE does not include all
ground -disturbing activities proposed for RCO funding, RCO will need to initiate cultural resources consultation following
EO 05-05 for those activities not included in the federal APE.
ASPECCOND.RPT September 16, 2016 Page 1
Amendment Agreement Description
Project Sponsor: City of Edmonds Project Number: 14-1299 P
Project Title: Willow Creek Daylighting Preliminary Design Amendment Number: 1
Agreement Description
City of Edmonds will use this funding to develop a conceptual design of an alternative channel alignment across the
Unocal property portion of the project. An alternative channel will consider a wider, meandering channel setback from
the railroad tracks that would allow for increased channel complexity, reduced velocities and enhanced habitat value.
This phase of the project will also assess sediment quality in key locations where interior channels for water conveyance
and juvenile salmon habitat enhancement will be located within the marsh, (based on final feasibility findings in planning
project 13-1107) and water quality data of freshwater and stormwater inputs to the marsh. Hydraulic modeling needed
prior to moving into design will be completed during this project phase. This includes modeling habitat conditions of the
daylight channel configuration for channel depth and temperature, modeling operational criteria and layout of the
floodgate, and flows in the daylight channel along Marina Beach Park to assess for potential safety hazards. Lastly, key
communications with stakeholders will continue in this project phase, primarily with Washington Department of
Transportation- Ferries Division who is slated to be the future owner of the Unocal Property. Deliverables for this project
will meet all requirements of Manual 18: Appendix D-1 Conceptual Design Deliverables. In addition, project deliverables
will include a Landowner Acknowledgement Form from WSDOT-Ferries and a report of negotiations between the City
and WSDOT-Ferries that includes an MOU between these two parties clearly stating the preferred alternative channel
alignment across the Unocal property.
The overall goal is restoration of Edmonds Marsh, a remnant barrier estuary located in the nearshore within the City of
Edmonds (WRIA 8). This future restoration action is being designed to benefit juvenile
Chinook salmon.
This project builds upon previous planning grants (11-1553 and 13-1107) focused on feasibility and conceptual design
alternatives for the marsh restoration project.
AAGREEDSC.RPT September 16, 2016 Page 1
Amendment Eligible Scope Activities
Project Sponsor: City of Edmonds
Project Title: Willow Creek Daylighting Preliminary Design
Program: Salmon Federal Projects
Planning Metrics
Worksite #1, Edmonds Marsh
Targeted salmonid ESU/DPS (A.23):
Targeted species (non -ESU species):
Area Encompassed (acres) (B.O.b.1):
Miles of Stream Affected (B.O.b.2):
Project Number: 14-1299
Project Type: Planning
Amendment #: 1
Chinook Salmon -Puget Sound ESU,
Chum Salmon -Puget Sound/Strait of
Georgia ESU, Coho Salmon -Puget
Sound/Strait of Georgia ESU
Cutthroat
28.0
0.10
Restoration Planning And Coordination Project
Conducting habitat restoration scoping and feasibility studies (B.1.b.8)
Project Identified in a Plan or Watershed Assessment (B,1.b.8.a): Draft Puget Sound Salmon Recovery
Plan, Several Authors, June 30, 2005 -
revised December 2005,
http://www.psp.wa.gov/SR_map.php
Shannon&Wilson. 2013. Willow Creek
Daylighting Final- Early Feasibility Study,
Edmonds, WA. Shannon & Wilson, Inc.
400 N 34th St, Suite 100, Seattle, WA
98103. 21-1-12393-206.
AELIGREURPT September 16, 2016 Page:
Amendment Eligible Scope Activities
Description of the Plan (B.1.b.8.b).
Lake Washington/Cedar/Sammamish
watershed contains two major river
systems, three large lakes, and 80 miles
of shoreline. Species in the WRIA 8
watershed include Chinook, sockeye,
coho, kokanee, steelhead, bull trout, and
rainbow and coastal cutthroat. Listed
Chinook species include the
Sammamish and Cedar River
populations. Ecosystem Diagnosis and
Treatment will determine the quantitative
goals for in stream and landscape
habitats, and Chinook goals would
increase productivity to twice the current
juvenile survival. Limiting factors for
Chinook include altered hydrology, loss
of floodplain connectivity, lack of riparian
vegetation, disrupted sediment
processes, loss of channel and shoreline
complexity, fish passage barriers, and
degraded wat&Isedinlent quality.
Conservation Strategy objectives will
maintain, restore, or enhance watershed
processes that create favorable habitat
characteristics, enhance habitat and
connecting corridors, maintain a
well -dispersed network of high-quality
refuge habitats and connect high quality
and recovered habitats for population
expansion centers. Strategies include
protect and manage upper watershed's
intact habitat, encourage direction of
growth into existing urban areas,
manage rural development to
avoid/reduce impact, restore productivity
and rearing habitat in Cedar and
Sammamish Rivers, and Lake
Washington and tributaries, improve
habitat in Lake Washington and Ship
Canal, and restore the nearshore where
possible.
AELIGREURPT September 16, 2016 Page:
'y WASHINGTON STATE
Recretin and
Conservation Office Amendment to Project Agreement
Project Sponsor: City of Edmonds Project Number: 14-1299P
Project Title: Willow Creek Daylighting Preliminary Design Amendment Number: 1
Amendment Type:
Project Type Change
Amendment Description:
Sponsor has provided a revised budget and scope to amend project type from currently preliminary design, to a
feasibility analysis, bio-geo sampling and analysis, with conceptual design (Appendix D-1) deliverables in response
to SRFB review panel comments. Project will be conditioned, for review of project deliverables and to secure
control and tenure, prior to approving the project to move forward with a preliminary design phase. This project
type change and scope was recommended by and approved by RCO Director in person, on 8/18/2016.
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:.
Kaleen Cot inn
TITLE: Director
DATE: r
Pre -approved as to form:
BY: /S/
Assistant Attorney General
SAL Project Project Type Change Amendment
General Fund - Federal
AMENAGR1.RPT
City of Edds
00
AGENCY:
BY: Da tri r
TITLE: G•+.•tC�C
DATE:` •`�
RCW 77.85, WAC 420
__i WASHINGTON STATE
Recreation and
Conservation Office
Project Sponsor: City of Edmonds
Salmon Project Agreement
Salmon Funding Accounts
Project Number: 14-1299P
Project Title: Willow Creek Daylighting Preliminary Design Approval Date: 12/4/2014
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) and the Recreation and Conservation Office, P.O. Box 40917, Olympia,
Washington 98504-0917 and City of Edmonds (sponsor), 121 5th Ave N, Edmonds, WA 98020 and shall be binding
on the agents and all persons acting by or through the parties.
B. PURPOSE OF AGREEMENT
This Agreement sets out the terms and conditions by which a grant is made from the Salmon Funding Accounts of the
State of Washington. The grant is administered by the Recreation and Conservation Office (RCO) to the sponsor for
the project named above.
C. DESCRIPTION OF PROJECT
City of Edmonds will use this funding to prepare preliminary designs for the daylighted channel connection of
Edmonds Marsh to Puget Sound by reconfiguring Willow Creek connection under BNSF railroad and across Marina
Beach. Permit applications will be completed during this project phase, and the project team will continue
negotiations with adjacent landowners regarding project design elements. The overall goal is restoration of Edmonds
Marsh, a remnant barrier estuary located in the nearshore within the City of Edmonds (WRIA 8). This future
restoration action is being designed to benefit juvenile Chinook salmon. Preliminary Design deliverables will align to
the requirements in Manual 18 Appendix D-2.
The full scope of the future Edmonds Marsh restoration involves: 1) construction of a 'daylight' tidal channel
connection from Edmonds Marsh to Puget Sound, 2) improvement of fish passage barrier issues and tributary
connectivity upstream of the marsh complex, 3) eradicating invasive species, and 4) addressing potential water quality
and flooding issues from urban stormwater runoff. In addition, the project will address access and recreation
opportunities, economic and social value of a restored ecosystem in terms of climate change and sea -level rise
preparedness, carbon sequestration capacity, and economic value of ecosystem services.
This project builds upon previous planning grants (11-1553 and 13-1107) focused on feasibility and conceptual design
alternatives for the marsh restoration project.
D. PERIOD OF PERFORMANCE
The project reimbursement period shall begin on December 4, 2014 and end on June 30, 2017. 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 RCFB and/or SRFB policy or WAC.
Requests for time extensions are to be made at least 60 days before the Agreement end date. If the request is
made after the Agreement end date, the time extension may be denied.
The sponsor has obligations beyond this period of performance as described in Section E,
E. ON-GOING OBLIGATION
The Project Sponsor's on-going obligation for the project shall be the same as the Period of Performance period
identified in Section D.
F. PROJECT FUNDING
The total grant award provided by the funding board for this project shall not exceed $157,331.00. The funding board
shall not pay any amount beyond that approved for grant funding of the project and within the funding board's
percentage as identified below. 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:
SRFB - Salmon Federal Projects
Project Sponsor
Total Project Cost
Percentage
DollarAmount
81.31%
$157,331.00
18.69%
$36,160.00
100.00%
$193,491.00
Salmon Project Agreement - RCO #14-1299P Salmon Funding Accounts
Chapter 77.85 RCW, Chapter 420 WAC Page 1 of 16 V,
PROJAGR,RPT...., _
G. RIGHTS AND OBLIGATIONS
All rights and obligations of the parties to this Agreement are subject to this Agreement and its attachments, as now
existing or hereafter amended, including the sponsor's application, eligible scope activities, project milestones, and
the Standard Terms and Conditions of the project Agreement, 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 must be signed by both parties except the RCO
director may unilaterally make amendments to extend the period of performance. Period of performance extensions
need only be signed by RCO's director or designee.
H. COMPLIANCE WITH APPLICABLE STATUTES, RULES, AND RCFB-SRFB POLICIES
This agreement is governed by, and the sponsor shall comply with, all applicable state and federal laws and
regulations, including Chapter 77.85 RCW, Chapter 420 WAC, and published agency policies, which are incorporated
herein by this reference as if fully set forth.
I. SPECIAL CONDITIONS
a) Cultural Resources
The cultural resources assessment was completed for a portion of the site (the marina beach property)
under a prior phase of the project and is attached in PRISM. The future restoration project will be subject to
the National Historic Preservation Act, Section 106, but preliminary designs may require additional ground
disturbing activities for geotechnical and other investigations. In order to be exempt from Governor's
Executive Order 05-05 Archaeological and Cultural Resources (EO 05-05) as described in Section 9 of this
project agreement, sponsor must have an archaeologist monitor any ground disturbing activities necessary
for design development, and incorporate observations and results into the Cultural Resources Assessment
that will be prepared for the Section 106 consultation.
Please note, in order for a future RCO funded restoration project to be exempt from EO 05-05, the Section
106 Area of Potential Effect (APE) must include all ground -disturbing activities (e.g., restoration staging
area, riparian planting areas). The sponsor is encouraged to work with the federal permitting agency to
align the Section 106 APE with the scope of work subject to a future RCO funded restoration project
proposal. If the APE does not include all ground -disturbing activities proposed for RCO funding, RCO will
need to initiate cultural resources consultation following EO 05-05 for those activities not included in the
federal APE.
b) Design and Restoration Project Deliverables:
The project will meet the standards for Design and Restoration Project Deliverables described in Manual
18 (2014) Appendix D-2 "Preliminary Design Deliverables". The following must be submitted to RCO:
1) Preliminary Design Deliverables (See Appendix D-2 for additional details):
a) Preliminary Design Report, Drawings, and Engineering Cost Estimate;
b) Design Review Comments
c) Permit Applications
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 - PCSRF and Award Number
NA14NMF4380297 for federal fiscal year 2014.
If the sponsor's total federal expenditures are $750,000.00 or more during the sponsor's fiscal -year, the sponsor is
required to have a federal single audit conducted for that year in compliance with Office of Management and Budget
CircularA-133. A copy of the final audit report must be provided to RCO within nine months of the end of the sponsor'
s fiscal year, unless a longer period is agreed to in advance by the cognizant or oversight agency.
Failure to provide required A-133 audits will lead to a suspension of payments and may lead to a suspension of RCO
Agreements.
Salmon Project Agreement - RCO #14-1299P Salmon Funding Accounts
Chapter 77.85 RCW, Chapter 420 WAC Page 2 of 16
PROJAGR.RPT
K. PROJECT GRANT AGREEMENT REPRESENTATIVE
All written communications and notices under this Agreement will be addressed and sent to at least the mail address
or the email address listed below if not both:
Proiect Contact SRFB
Name: Jerry Shuster Recreation and Conservation Office
Title: Natural Resources Building
Address: 121 5th Ave N PO Box 40917
Edmonds, WA 98020 Olympia, Washington 98504-0917
Email: Jerry.Shuster@edmondswa.gov
These addresses shall be effective until receipt by one party from the other of a written notice of any change.
L. ENTIRE AGREEMENT
This Agreement, with all amendments and attachments, constitutes the entire Agreement of the parties. No other
understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the parties.
M. EFFECTIVE DATE
This Agreement, for project 14-1299P, shall be subject to the written approval of the RCO's authorized representative
and shall not be effective and binding until executed by both the Sponsor and the RCO. Reimbursements for eligible
and allowable costs incurred within the period of performance identified in Section D above are allowed only when this
Agreement is fully executed and an original is received by RCO.
The sponsor/s has read, fully understands, and agrees to be bound by all terms and conditions as set forth in this
Agreement. The sig ator's listed below represent and warrant their authority to bind the parties to this Agreement.
City of Edmon
1
By: ""
Name: (printed) T)a,ve, D. CSI 1 �G
Title: M
State of Washington
On behalf of the Salm r Recove a din Board (SRFB)
By:
4 1
K yen Cottingham
Director
By:
Pre -approved as to form:
/s/
Assistant Attorney General
Date: S " 6 1'\
Date: :3/1-7 I
Date: June 7, 2013
MAR 16 2015
WA STATE
RECREATION AND CONSERVATION OFFICE
Salmon Project Agreement - RCO #14-1299P Salmon Funding Accounts
Chapter 77.85 RCW, Chapter 420 WAC Page 3 of 16
PROJAGR.RPT
Standard Terms and Conditions
of the Project Agreement
Table of Contents
Page
SECTION 1.
CITATIONS, HEADINGS AND DEFINITIONS......,. ....... ......... ......»., »,,,»,,,„,,,
6
SECTION 2.
PERFORMANCE BY THE SPONSOR .............................. :......................................
7
SECTION3.
ASSIGNMENT....................................................................................................
7
SECTION 4.
RESPONSIBILITY FOR PROJECT.....................................................................I...
7
SECTION 5.
INDEMNIFICATION.............................................................................................
7
SECTION 6.
INDEPENDENT CAPACITY OF THE SPONSOR.......................................................
7
SECTION 7.
CONFLICT OF INTEREST.»,.» ......... ....„. .,,...»„ ,,».....„ »........ ..,»........ .„,........
8
SECTION 8.
ACKNOWLEDGMENT AND SIGNS........................................................................
8
SECTION 9.
COMPLIANCE WITH APPLICABLE LAW..»„„,..... ...... ».,...,,„,„,.».„,,..,....................... ..,
8
SECTION 10.
HAZARDOUS SUBSTANCES.... ..... ........ ........... — .......
9
SECTION11.
RECORDS.»,»»„»»»».»».... ......... .„»...„„,»...... ,.............. .»,»,».,..».,»..,»..»„.....».,,,..„.»„,,.......
9
SECTION 12.
TREATMENT OF ASSETS...............................................:....................................
g
SECTION 13.
RIGHT OF INSPECTION.......................................................................................
10
SECTION 14.
STEWARDSHIP AND MONITORING......................................................................
10
SECTION 15.
DEBARMENT CERTIFICATION.............................................................................
10
SECTION 16.
PROJECT FUNDING...........................................................................................
10
SECTION 17.
PROJECT REIMBURSEMENTS............................................................................
10
SECTION 18.
ADVANCE PAYMENTS.......................................................................................
11
SECTION 19.
RECOVERY OF PAYMENTS................................................................................
11
SECTION 20.
CONVENANT AGAINST CONTINGENT FEES .........................................................
11
SECTION 21.
PROVISIONS APPLYING TO DEVELOPMENT, RENOVATION AND
RESTORATION PROJECTS ........ ......... ....,..,»., ,.»,..........„...,... ..,....., .1.1.....
11
SECTION 22.
PROVISIONS APPLYING TO ACQUISITION PROJECTS ..........................................
12
SECTION 23.
RESTRICTION ON CONVERSION OF REAL PROPERTY
AND/OR FACILITIES TO OTHER USES.................................................................
12
SECTION 24.
CONSTRUCTION, OPERATION, USE AND MAINTENANCE
OFASSISTED PROJECTS..................................................................I...............
13
SECTION 25.
INCOME AND INCOME USE .... .... ---- ....... -"-...... .„,,,..»..„..,....».,,»»,.»...... ..... „,....
13
SECTION 26.
PREFERENCES FOR RESIDENTS.......................................................................
13
Salmon Project Agreement - RCO #14-1299P
Salmon Funding Accounts
Chapter 77.85 RCW, Chapter 420 WAC
Page 4 of 16
PROJAGR.RPT
SECTION 27.,
PROVISIONS RELATED TO CORPORATE (INCLUDING NONPROFIT)
SPONSORS......................................................................................................
13
SECTION 28.
LIABILITY INSURANCE REQUIRMENTS FOR FIREARMS
AND ARCHERY RANGE SPONSORS...................................................................
14
SECTION 29.
REQUIREMENTS OF THE NATIONAL PARK SERVICE .............................................
14
SECTION 30.
FARMLAND PRESERVATION ACCOUNT.............................................................
14
SECTION 31.
ORDER OF PRECEDENCE ........... ................. ....,....,. ..........
14
SECTION 32.
AMENDMENTS.................................................................................................
14
SECTION 33.
LIMITATION OF AUTHORITY...,..,,,...............»..,.....,..,....,..................,...,...,........,,..
14
SECTION 34.
WAIVER OF DEFAULT.......................................................................................
15
SECTION 35.
APPLICATION REPRESENTATIONS - MISREPRESENTATIONS
OR INACCURACY OR BREACH..........................................................................
15
SECTION 36.
SPECIFIC PERFORMANCE................................................................................
15
SECTION 37.
TERMINATION.............................:...................................................................
15
SECTION 38.
DISPUTE HEARING..........................................................................................
15
SECTION 39.
ATTORNEYS' FEES..........................................................................................
16
SECTION 40.
GOVERNING LAWIVENUE.................................................................................
16
SECTION 41.
SEVERABILITY ......... ...... .....„ ............... --- ........ .....,,..
16
Salmon Project Agreement - RCO #14-1299P Salmon Funding Accounts
Chapter 77.85 RCW, Chapter 420 WAC Page 5 of 16
PROJAGR.RPT
WASHINGTON STATE
Recreation and
Conservation Office Standard Terms and Conditions
of the Project Agreement
Project Sponsor: City of Edmonds Project Number: 14-1299P
Project Title: Willow Creek Daylighting Preliminary Design Approval Date: 12/4/2014
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 purchase of fee or less than fee interests in real property. These interests include, but are not limited to,
conservation easements, access/trail easements, covenants, water rights, leases, and mineral rights.
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 documents and other materials that an applicant submits to the RCO to support the applicant's request for
grant funds; this includes materials required for the "Application" in the RCO's automated project information system, and other
documents as noted on the application checklist including but not limited to legal opinions, maps, plans, evaluation presentations
and scripts.
asset - Equipment purchased by the sponsor or acquired or transferred to the sponsor for the purpose of this Agreement. This
definition is restricted to non -fixed assets, including but not limited to vehicles, computers or machinery.
cognizant or oversight agency - Federal agency responsible for ensuring compliance with federal audit requirements.
contractor - Shall mean one not in the employment of the sponsor who is performing all or part of the eligible activities for this
project under a separate Agreement with the sponsor. The term "contractor" and "contractors" means contractor(s) in any tier.
development - The construction of or work resulting in new elements, including but not limited to structures, facilities, and/or
materials to enhance outdoor recreation, salmon recovery or habitat conservation resources.
director - The chief executive officer of the Recreation and Conservation Office or that person's designee.
elements, items and worktypes - Components of the funded project as provided in the project description.
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.
grantee - The organizational entity or individual to which a grant (or cooperative agreement) is awarded and signatory to the
Agreement which is responsible and accountable both for the use of the funds provided and for the performance of the
grant -supported project or activities.
landowner agreement - A landowner agreement is required between a SRFB and/or RTP project sponsor and landowner for
projects located on land not owned, or otherwise controlled, by the sponsor.
lower tier participant - refers 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.
milestone - An important event with a defined deadline for an activity related to implementation of a funded project.
period of performance - The time period specified in the Agreement, under Section D, period of performance.
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.
renovation - The activities intended to improve an existing site or structure in order to increase its service life or functions. This
does not include maintenance activities.
restoration -Bringing a site back to its original function as part of a natural ecosystem or improving the ecological functionality of
a site.
RTP - Recreational Trails Program - A federal grant program administered by RCO that allows for the development and
maintenance of backcountry trails.
secondary sponsor - one of two or more eligible organizations that sponsors a grant -funded project. Of these two sponsors,
only one - the primary sponsor - may be the fiscal agent.
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.
subgrantee - The government or other legal entity to which a subgrant is awarded and which is accountable to the grantee for
the use of the funds provided.
Salmon Project Agreement - RCO #14-1299P Salmon Funding Accounts
Chapter 77.85 RCW, Chapter 420 WAC Page 6 of 16
PROJAGR.RPT
SECTION 2. PERFORMANCE BY THE SPONSOR
The sponsor, and secondary sponsor where applicable, 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 31.
Timely completion of the project and submission of required documents, including progress and final reports, is important. Failure to
meet critical milestones or complete the project, as set out in this Agreement, is a material breach of the Agreement.
SECTION 3. ASSIGNMENT
Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the sponsor without prior
written consent of the Recreation and Conservation Office.
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, a secondary
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. When a project is sponsored by more than one entity, any and all sponsors are equally responsible for the project and all
post -completion stewardship responsibilities.
SECTION 5. INDEMNIFICATION
The sponsor shall defend, indemnify, and hold the State and its officers and employees harmless from all claims, demands, or suits at
law or equity arising in whole or in part from the actual or alleged acts, errors, omissions or negligence of, or the breach of any
obligation under this Agreement by, the sponsor or the sponsor's agents, employees, subcontractors or vendors, of any tier, or any
other persons for whom the sponsor may be legally liable.
Provided that nothing herein shall require a sponsor to defend or indemnify the State against and hold harmless the State from
claims, demands or suits based solely upon the negligence of, or breach of any obligation under this Agreement by the State, its
agents, officers, employees, subcontractors or vendors, of any tier, or any other persons for whom the State may be legally liable.
Provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the sponsor or the sponsor's
agents, employees, subcontractors or vendors, of any tier, or any other persons for whom the Sponsor is legally liable, and (b) the
State its agents, officers, employees , subcontractors and or vendors, of any tier, or any other persons for whom the State may be
legally liable, the indemnity obligation shall be valid and enforceable only to the extent of the sponsor's negligence or the negligence
of the sponsor's agents, employees, subcontractors or vendors, of any tier, or any other persons for whom the sponsor may be
legally liable.
This provision shall be included in any Agreement between sponsor and any subcontractor and vendor, of any tier.
The sponsor shall also defend, indemnify, and hold the State and its officers and employees harmless from all claims, demands, or
suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper
appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions by the sponsor or the
sponsor's agents, employees, subcontractors or vendors, of any tier, or any other persons for whom the sponsor may be legally liable,
in performance of the Work under this Agreement or arising out of any use in connection with the Agreement of methods, processes,
designs, information or other items furnished or communicated to State, its agents, officers and employees pursuant to the
Agreement; provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper
appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions resulting from State's,
its agents', officers' and employees' failure to comply with specific written instructions regarding use provided to State, its agents,
officers and employees by the sponsor, its agents, employees, subcontractors or vendors, of any tier, or any other persons for whom
the sponsor may be legally liable.
The sponsor specifically assumes potential liability for actions brought by the sponsor's own employees or its agents against the State
and, solely for the purpose of this indemnification and defense, the sponsor specifically waives any immunity under the state industrial
insurance law, Title 51 RCW.
The RCO is included within the term State, as are all other agencies, departments, boards, or other entities of state government.
SECTION 6. INDEPENDENT CAPACITY OF THE SPONSOR
The sponsor and its employees or agents performing under this Agreement are not officers, employees or agents of the funding board
or RCO. The sponsor will not hold itself out as nor claim to be an officer, employee or agent of RCO, a funding board or of the state of
Washington, nor will the sponsor make any claim of right, privilege or benefit which would accrue to an employee under Chapters
41.06 or 28B RCW.
The sponsor is responsible for withholding and/or paying employment taxes, insurance, or deductions of any kind required by federal,
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state, and/or local laws.
SECTION 7. CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Ethics Board or other tribunal, RCO may, in its sole discretion, by written notice to
the sponsor terminate this Agreement if it is found after due notice and examination by RCO that there is a violation of the Ethics in
Public Service Act, Chapter 42.52 RCW; or any similar statute involving the sponsor in the procurement of, or performance under, this
Agreement.
In the event this Agreement is terminated as provided above, RCO shall be entitled to pursue the same remedies against the sponsor
as it could pursue in the event of a breach of the Agreement by the sponsor. The rights and remedies of RCO provided for in this
clause shall not be exclusive and are in addition to any other rights and remedies provided by law.
SECTION 8. ACKNOWLEDGMENT AND SIGNS
A. Publications. The sponsor shall include language which acknowledges the funding contribution of the applicable grant program to
this project in any release or other publication developed or modified for, or referring to, the project during the project period and
in the future.
B. Signs. The sponsor also shall post signs or other appropriate media during the project period and in the future at project
entrances and other locations on the project which acknowledge the applicable grant program's funding contribution, unless
exempted in funding board policy or waived by the director.
C. Ceremonies. The sponsor shall notify RCO no later than two weeks before a dedication ceremony for this project. The sponsor
shall verbally acknowledge the applicable grant program's funding contribution at all dedication ceremonies.
D. Federally Funded Projects. When issuing statements, press releases, requests for proposals, bid solicitations, and other
documents describing a project funded in whole or in part with federal money provided for in this grant, sponsors shall clearly
state:
1. The percentage of the total costs of the project that is financed with federal money;
2. The dollar amount of federal funds for the project; and
3. The percentage and dollar amount of the total costs of the project that is financed by nongovernmental sources,
SECTION 9. COMPLIANCE WITH APPLICABLE LAW
The sponsor will implement the Agreement in accordance with applicable federal, state, and local laws, regulations and RCO and
funding board policies regardless of whether the sponsor is a public or non-public organization.
The sponsor shall comply with, and RCO is not responsible for determining compliance with, any and all applicable federal, state, and
local laws, regulations, and/or policies, including, but not limited to: State Environmental Policy Act; Industrial Insurance Coverage;
Architectural Barriers Act; permits (shoreline, Hydraulics Project Approval, demolition); land use regulations (critical areas ordinances,
Growth Management Act); federal and state safety and health regulations (Occupational Safety and Health Administration/Washington
Industrial Safety and Health Act); and Buy American Act.
Endangered Species
For habitat restoration projects funded in part or whole with federal funds administered by the SRFB the sponsor shall not commence
with clearing of riparian trees or in -water work unless either the sponsor has complied with 50 CFR 223.203 (b)(8), limit 8 or until an
Endangered Species Act consultation is finalized in writing by the National Oceanic and Atmospheric Administration. Violation of this
requirement may be grounds for terminating this project Agreement. This section shall not be the basis for any enforcement
responsibility by RCO.
Nondiscrimination Laws
The sponsor shall comply with all applicable federal, state, and local nondiscrimination laws and/or policies, including but not limited
to: the Americans with Disabilities Act; Civil Rights Act; and the Age Discrimination Act. In the event of the sponsor's noncompliance or
refusal to comply with any nondiscrimination law or policy, the Agreement may be rescinded, cancelled, or terminated in whole or in
part, and the sponsor may be declared ineligible for further grant awards from the funding board. The sponsor is responsible for any
and all costs or liability arising from the sponsor's failure to so comply with applicable law.
Wages and Job Safety
The sponsor agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington
which affect wages and job safety. The sponsor agrees when state prevailing wage laws (RCW 39.12) are applicable, to comply with
such laws, to pay the prevailing rate of wage to all workers, laborers, or mechanics employed in the performance of any part of this
contract, and to file a statement of intent to pay prevailing wage with the Washington State Department of Labor and Industries as
required by RCW 39.12.040. The sponsor also agrees to comply with the provisions of the Davis -Bacon Act, and other federal laws,
and the rules and regulations of the Washington State Department of Labor and Industries.
Archaeological and Cultural Resources
The RCO reviews all applicable projects for potential impacts to archaeological sites and state cultural resources. The
sponsor must comply with Executive Order 05-05 or the National Historic Preservation Act before initiating ground disturbing activity.
The funding board requires documented compliance with Executive Order 05-05 or Section 106 of the National Historic Preservation
Act, whichever is applicable to the project. If a federal agency declines to consult, the sponsor shall comply with the requirements of
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Executive Order 05-05. 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. If human remains are discovered during project activity, work in the location of discovery and immediate vicinity must
stop instantly, the area must be secured, and notification provided to the concerned Tribe's cultural staff and cultural committee, RCO,
State Department of Archaeology, the coroner and local law enforcement in the most expeditious manner possible according to RCW
68.50
Restrictions on Grant Use
No part of any funds provided under this grant shall be used, other than for normal and recognized executive -legislative relationships,
for publicity or propaganda purposes, or for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio,
television, or video presentation designed to support or defeat legislation pending before the U.S. Congress or any state legislature.
No part of any funds provided under this grant shall be used to pay the salary or expenses of any sponsor, or agent acting for such
sponsor, related to any activity designed to influence legislation or appropriations pending before the U.S. Congress or any state
legislature.
SECTION 10. HAZARDOUS SUBSTANCES
A. Certification. The sponsor shall inspect, investigate, and conduct an environmental audit of the proposed acquisition site for the
presence of hazardous substances, as defined in Chapter 70.105D.020 (10) RCW, and certify:
1. No hazardous substances were found on the site, or
2. Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and federal
laws, and the site deemed "clean."
B. Responsibility. Nothing in this provision alters the sponsor's duties and liabilities regarding hazardous substances as set forth in
Chapter 70.105D RCW.
C. 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 the sponsor is acquiring.
SECTION 11. RECORDS
A. 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 d period of six years from the date RCO deems the project complete , as defined in Section 17(C) below.
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.
B. Access to records and data. At no additional cost, the records relating to the Agreement, including materials generated under the
Agreement, shall be subject at all reasonable times to inspection, review or audit by RCO, personnel duly authorized by RCO, the
Office of the State Auditor, and federal and state officials so authorized by law, regulation or Agreement. This includes access to
all information that supports the costs submitted for payment under the grant and all findings, conclusions, and recommendations
of the sponsor's reports, including computer models and methodology for those models.
C. Public Records. Sponsor acknowledges that the funding board is subject to chapter 42.56 RCW and that this Agreement and any
records sponsor submits or has submitted to the State shall be a public record as defined in chapter 42.56 RCW. Additionally, in
compliance with RCW 77.85.130(8), sponsor agrees to disclose any information in regards to expenditure of any funding
received from the SRFB. By submitting any record to the state sponsor understands that the State may be requested to disclose
or copy that record under the state public records law, currently codified at RCW 42.56. The sponsor warrants that it possesses
such legal rights as are necessary to permit the State to disclose and copy such document to respond to a request under state
public records laws. The Sponsor hereby agrees to release the State from any claims arising out of allowing such review or
copying pursuant to a public records act request, and to indemnify against any claims arising from allowing such review or
copying and pay the reasonable cost of state's defense of such claims.
SECTION 12. TREATMENT OF ASSETS
A. Assets shall remain in the possession of the sponsor for the duration of the project or applicable grant program. When the
sponsor discontinues use of the asset(s) for the purpose for which it was funded, RCO will require the sponsor to deliver the
asset(s) to RCO, dispose of the asset according to RCO policies, or return the fair market value of the asset(s) to RCO. Assets
shall be used only for the purpose of this Agreement, unless otherwise provided herein or approved by RCO in writing.
B. The sponsor shall be responsible for any loss or damage to assets which results from the negligence of the sponsor or which
results from the failure on the part of the sponsor to maintain and administer that asset in accordance with sound management
practices.
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SECTION 13. RIGHT OF INSPECTION
The sponsor shall provide right of access to the project to RCO, or any of its officers, or to any other authorized agent or official of the
state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance,
and/or quality assurance under this Agreement.
If a landowner agreement or other form of control and tenure 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 14. 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.
SECTION 15. DEBARMENT CERTIFICATION
A. For Federally Funded Projects
By signing the Agreement with RCO, the sponsor certifies that neither it nor its principals nor any other lower tier participant are
presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this
transaction by any Federal department or agency. Further, the sponsor agrees not to enter into any arrangements or contracts
related to this Agreement with any party that is on the Office of Inspector General Suspension and Debarment List at
http://www.gsaig.gov/index.cfm?LinkServl D=C4C89080-D2BE-D29A-96355D44Al 3E4356.
The sponsor (prospective lower tier participant) shall provide immediate written notice to RCO if at any time the prospective lower
tier participant learns that the above certification was not correct when submitted or has become erroneous by reason of changed
circumstances.
B. For State Funded Projects
By signing the Agreement with RCO, the sponsor certifies that neither it nor its principals nor any other lower tier participant are
presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this
transaction by Washington State Labor and Industries. Further, the sponsor agrees not to enter into any arrangements or
contracts related to this Agreement with any party that is on the "Contractors not Allowed to Bid on Public Works Projects" list at
http://www.I n i.wa..g ov/TradesLi cens i ng/PrevWage/Awa rd i ngAg en cies/Deba rredContractors/
SECTION 16. 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 project start date 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. For reimbursements of such costs, this Agreement must be fully executed and an
original received by RCO. 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.
D. Disclosure notice. Projects funded with state Salmon Recovery Funding Board and Puget Sound Acquisition and Restoration
money may be used by RCO, the Puget Sound Partnership or Northwest Indian Fisheries Commission as match to one of the
following federal assistance agreements: 1) United States Department of Commerce Catalog of Federal Domestic Assistance
Number 11.438, or 2) United State Environmental Protection Agency Catalog of Federal Domestic Assistance Numbers 66.123
and 66.456.
SECTION 17. PROJECT REIMBURSEMENTS
A. This contract is administered on a reimbursement basis. The sponsors may only request reimbursement after eligible and
allowable costs have already been paid by the sponsor and remitted to their vendors. RCO will then reimburse the sponsor for
those costs based upon RCO's percentage as defined in Section F of the Project Agreement of the amount billed to RCO. RCO
does not reimburse for donations which the sponsor may use as part of its percentage. All reimbursement requests must include
proper documentation of expenditures as required by RCO.
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 up to 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);
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3. A final project report is submitted to and accepted by RCO;
4. Any other required documents are complete and submitted to RCO;
5. A final reimbursement request is submitted to RCO;
6. The completed project has been accepted by RCO;
7. Final amendments have been processed; and
8. Fiscal transactions are complete.
9. RCO has accepted a final boundary map, if required for the project, for which the Agreement terms will apply in the future.
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 the most recently published/adopted RCO
policies and procedures regarding reimbursement requirements.
SECTION 18. ADVANCE PAYMENTS
Advance payments of or in anticipation of goods or services to be provided under this Agreement are limited to grants approved by
the SRFB and must comply with SRFB policy. See WAC 420-12-060 (5).
SECTION 19. 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, or meet its percentage of the project total, RCO reserves the right to recover grant award funds in the
amount equivalent to the extent of noncompliance in addition to any other remedies available at law or in equity.
The sponsor shall reimburse RCO for any overpayment or erroneous payments made under the Agreement. Repayment by the
sponsor of such funds under this recovery provision shall occur within 30 days of demand by RCO. Interest shall accrue at the rate of
twelve percent (12%) per annum from the time that payment becomes due and owing.
SECTION 20. COVENANT AGAINST CONTINGENT FEES
The sponsor warrants that no person or selling agent has been employed or retained to solicit or secure this Agreement on an
Agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide
established agents maintained by the sponsor for the purpose of securing business. RCO shall have the right, in the event of breach
of this clause by the sponsor, to terminate this Agreement without liability or, in its discretion, to deduct from the Agreement grant
amount or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fee.
SECTION 21. PROVISIONS APPLYING TO DEVELOPMENT, RENOVATION AND RESTORATION PROJECTS
The following provisions shall be in force only if the project described in this Agreement is for development, renovation and restoration
of land or facilities for outdoor recreation, habitat conservation, or salmon recovery:
A. Document Review and Approval. The sponsor agrees to submit one copy of all development, renovation, restoration or
construction plans and specifications to RCO for review prior to implementation. Review and approval by RCO will be for
compliance with the terms of this Agreement.
B. Contracts for Development, Renovation, or Restoration. Sponsors must have a procurement process that follows applicable state
and/or required federal procurement principles. If no such process exists the sponsor must follow these minimum procedures:
(1) publish a notice to the public requesting bids/proposals for the project (2) specify in the notice the date for submittal of
bids/proposals (3)specify in the notice the general procedure and criteria for selection; and (4) comply with the same legal
standards regarding unlawful discrimination based upon race, ethnicity, sex, or sex -orientation that are applicable to state
agencies in selecting a bidder or proposer, This procedure creates no rights for the benefit of third parties, including any
proposers, and may not be enforced or subject to review of any kind or manner by any other entity other than the RCO.
Sponsors may be required to certify to the RCO that they have followed any applicable state and/or federal procedures or the
above minimum procedure where state or federal procedures do not apply.
C. Contract Change Order. Only change orders that impact the amount of funding or changes to the scope of the project as
described to and approved by the funding board or RCO must receive prior written approval.
D. Control and Tenure. The sponsor must provide documentation that shows appropriate tenure (landowner agreement, long term
lease, easement, or fee simple ownership) for the land proposed for development, renovation or restoration. The documentation
must meet current RCO requirements.
E. Nondiscrimination. Except where a nondiscrimination clause required by a federal funding agency is used, the sponsor shall
insert the following nondiscrimination clause in each contract for construction of this project:
"During the performance of this contract the contractor agrees to comply with all
federal and state nondiscrimination laws, regulations and policies."
F. Use of Best Management Practices. Project sponsors are encouraged to use best management practices developed as part of
the Washington State Aquatic Habitat Guidelines (AHG) Program. The best management practices are described in three
documents: "Stream Habitat Restoration Guidelines: Final Draft", 2004; "Design of Road Culverts for Fish Passage", 2003; and
"Integrated Streambank Protection Guidelines", 2002. These documents and other information can be found on the AHG website.
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SECTION 22. 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, salmon recovery purposes, or farmland preservation:
A Evidence of Land Value. Before disbursement of funds by RCO as provided under this Agreement, the sponsor agrees to supply
documentation acceptable to RCO that the cost of the property rights acquired has been established according to funding board
policy.
B. Evidence of Title. The sponsor agrees to provide documentation that shows 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 RCO, on behalf of the State of Washington. These documents include a Deed of
Right, Assignment of Rights, Easements and/or Leases. The sponsor agrees to use document language provided by RCO, to
record the executed document in the County where the real property lies, and to provide a copy of the recorded document to
RCO. The document required will vary depending on the project type, the real property rights being acquired and whether or not
those rights are being acquired in perpetuity.
1. Deed of Right. The Deed of Right conveys to the people of the state of Washington the right to preserve, protect, and/or
use the property for public purposes consistent with the fund source. Sponsors shall use this document when acquiring real
property rights that include the underlying land. This document may also be applicable for those easements where the
sponsor has acquired a perpetual easement for public purposes.
2. Assignment of Rights. The Assignment of Rights document transfers certain rights such as access and enforcement to
RCO. Sponsors shall use this document when an easement or lease is being acquired for habitat conservation or salmon
recovery purposes. The Assignment of Rights requires the signature of the underlying landowner and must be incorporated
by reference in the easement document.
3. Easements and Leases. The sponsor may incorporate required language from the Deed of Right or Assignment of Rights
directly into the easement or lease document, thereby eliminating the requirement for a separate document. Language will
depend on the situation; sponsor must obtain RCO approval on the draft language prior to executing the easement or lease.
E. Real Property Acquisition and Relocation Assistance
1. When federal funds are part of this Agreement, the Sponsor agrees to comply with the terms and conditions of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970, 84 Stat. 1894 (1970) --Public Law 91-646, as
amended by the Surface Transportation and Uniform Relocation Assistance Act, PL 100-17-1987, and applicable regulations
and procedures of the federal agency implementing that Act.
2. When state funds are part of this Agreement, the sponsor 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 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 9 -
Archaeological and Cultural Resources before structures are removed or demolished.
SECTION 23. RESTRICTION ON CONVERSION OF REAL PROPERTY AND/OR FACILITIES TO OTHER USES
The sponsor shall not at any time convert any real property or facility acquired, developed, renovated, 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, renovated, 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.
Determination of whether a conversion has occurred shall be based upon applicable law and RCFB/SRFB policies.
For acquisition projects that are term limited, such as one involving a lease or a term -limited restoration, renovation, or development
project or easement, this restriction on conversion shall apply only for the length of the term, unless otherwise provided in written
documents or required by applicable state or federal law. In such case, the restriction applies to such projects for the length of the
term specified by the lease, easement, deed, or landowner agreement.
When a conversion has been determined to have occurred, the sponsor is required to remedy the conversion per established funding
board policies.
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SECTION 24. CONSTRUCTION, OPERATION, USE AND MAINTENANCE OF ASSISTED PROJECTS
For acquisition, development, renovation and restoration projects, sponsors must ensure that properties or facilities assisted with
funding board funds, including undeveloped sites, are built, operated, used, and maintained:
A. According to applicable federal, state, and local laws and regulations, including public health standards and building codes.
B. In a reasonably safe condition for the project's intended use.
C. Throughout its estimated life so as to prevent undue deterioration.
D. In compliance with all federal and state nondiscrimination laws, regulations and policies.
For acquisition, development, renovation and restoration projects, facilities open and accessible to the general public must:
E. Be constructed and maintained to meet or exceed the minimum requirements of the most current local or state codes, Uniform
Federal Accessibility Standards, guidelines, or rules, including but not limited to: the International Building Code, the Americans
with Disabilities Act, and the Architectural Barriers Act, as updated.
F. Appear attractive and inviting to the public except for brief installation, construction, or maintenance periods.
G. Be available for use by the general public without reservation at reasonable hours and times of the year, according to the type of
area or facility.
SECTION 25. INCOME AND INCOME USE
A. Income.
1. Compatible source. The source of any income generated in a funded project or project area must be compatible with the
funding source and the Agreement.
2. Fees. User and/or other fees may be charged in connection with land acquired or facilities developed with funding board
grants if the fees are consistent with the:
(a) Value of any service(s) furnished;
(b) Value of any opportunities furnished; and
(c) Prevailing range of public fees in the state for the activity involved.
Excepted are Firearms and Archery Range Recreation Program safety classes (firearm and/or hunter) for which a
facility/range fee must not be charged (Chapter 79A.25.210 RCW).
B. Income use. Regardless of whether income or fees in a project work site (including entrance, utility corridor permit, cattle grazing,
timber harvesting, farming, etc.) are gained during or after the reimbursement period cited in the Agreement, unless precluded by
state or federal law, the revenue may only be used to offset:
1. The sponsor's matching funds;
2. The project's total cost;
3. The expense of operation, maintenance, stewardship, monitoring, and/or repair of the facility or program assisted by the
funding board grant;
4. The expense of operation, maintenance, stewardship, monitoring, and/or repair of other similar units in the sponsor's
system; and/or
5. Capital expenses for similar acquisition and/or development.
SECTION 26. PREFERENCES FOR RESIDENTS
Sponsors shall not express a preference for users of grant assisted projects on the basis of residence (including preferential
reservation, membership, and/or permit systems) except that reasonable differences in admission and other fees may be maintained
on the basis of residence. Even so, the funding board discourages the imposition of differential fees. Fees for nonresidents must not
exceed twice the fee imposed on residents. Where there is no fee for residents but a fee is charged to nonresidents, the nonresident
fee shall not exceed the amount that would be imposed on residents at comparable state or local public facilities.
SECTION 27. PROVISIONS RELATED TO CORPORATE (INCLUDING NONPROFIT) SPONSORS
A corporate sponsor, including any nonprofit sponsor, shall:
A. Maintain corporate status with the state, including registering with the Washington Secretary of State's office, throughout the
sponsor's obligation to the project as identified in the Agreement.
B. Notify RCO prior to corporate dissolution. Within 30 days of dissolution the sponsor shall name a qualified successor that will
agree in writing to assume any on-going project responsibilities. A qualified successor is any party eligible to apply for funds in
the subject grant program and capable of complying with the terms and conditions of this Agreement. RCO will process an
amendment transferring the sponsor's obligation to the qualified successor if requirements are met.
C. Sites or facilities open to the public may not require exclusive use, (e.g., members only).
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SECTION 28. LIABILITY INSURANCE REQUIREMENTS FOR FIREARMS AND ARCHERY RANGE SPONSORS
A. The sponsor of a firearms or archery range recreation project shall procure an endorsement, or other addition, to liability
insurance it may currently carry, or shall procure a new policy of liability insurance, in a total coverage amount the sponsor
deems adequate to ensure it will have resources to pay successful claims of persons who may be killed or injured, or suffer
damage to property, while present at the range facility to which this grant is related, or by reason of being in the vicinity of that
facility; provided that the coverage shall be at least one million dollars ($1,000,000) for the death of, or injury to, each person.
B. The liability insurance policy, including any endorsement or addition, shall name Washington State, the funding board, and RCO
as additional insured and shall be in a form approved by the funding board or director.
C. The policy, endorsement or other addition, or a similar liability insurance policy meeting the requirements of this section, shall be
kept in force throughout the sponsor's obligation to the project as identified in this Agreement.
D. The policy, as modified by any endorsement or other addition, shall provide that the issuing company shall give written notice to
RCO not less than thirty (30) calendar days in advance of any cancellation of the policy by the insurer, and within ten (10)
calendar days following any termination of the policy by the sponsor.
E. The requirement of Subsection A through D above shall not apply if the sponsor is a federal, state, or municipal government
which has established a program of self-insurance or a policy of self-insurance with respect to claims arising from its facilities or
activities generally, including such facilities as firearms or archery ranges, when the applicant declares and describes that
program or policy as a part of its application to the funding board.
F. By this requirement, the funding board and RCO does not assume any duty to any individual person with respect to death, injury,
or damage to property which that person may suffer while present at, or in the vicinity of, the facility to which this grant relates.
Any such person, or any other person making claims based on such death, injury, or damage, must look to the sponsor, or
others, for any and all remedies that may be available by law.
SECTION 29. REQUIREMENTS OF THE NATIONAL PARK SERVICE
If the project has been approved by the National Park Service, US Department of the Interior, for funding assistance from the federal
Land and Water Conservation Fund (LWCF), the "Project Agreement General Provisions" in the LWCF State Assistance Program
Federal Financial Assistance Manual are also made part of this Agreement. The sponsor shall abide by these LWCF General
Provisions, in addition to this Agreement, 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 30. 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 10 - Hazardous Substances,
• Section 14 - Stewardship and Monitoring
• Section 22 - Provisions Applying to Acquisition Projects, Sub -sections F and G.
• Section 23 - Restriction on Conversion of Real Property and/or Facilities to Other Uses,
• Section 24 - Construction, Operation, Use and Maintenance of Assisted Projects, Sub -sections E, F, G, and
• Section 25 - Income and Income Use
SECTION 31. ORDER OF PRECEDENCE
This Agreement is entered into, pursuant to, and under the authority granted by applicable federal and state laws. The provisions of
the Agreement shall be construed to conform to those laws. In the event of an inconsistency in the terms of this Agreement, or
between its terms and any applicable statute, rule, or policy or procedure, the inconsistency shall be resolved by giving precedence in
the following order:
A. Applicable federal and/or state statutes, regulations, policies and procedures including RCO/funding board policies and
procedures, applicable federal Office of Management and Budget (OMB) circulars and federal and state executive orders;
B. Project agreement including attachments;
C. Special Conditions;
D, Standard Terms and Conditions of the Project Agreement
SECTION 32. AMENDMENTS
Amendments to this Agreement shall be binding only if in writing and signed by personnel authorized to bind each of the parties
except period of performance extensions and minor scope adjustments need only be signed by RCO's director or designee.
SECTION 33. LIMITATION OF AUTHORITY
Only RCO or RCO's delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority
to alter, amend, modify, or waive any clause or condition of this Agreement. Furthermore, any alteration, amendment, modification, or
waiver of any clause or condition of this Agreement is not effective or binding unless made in writing and signed by RCO.
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SECTION 34. WAIVER OF DEFAULT
Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the
Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of
the terms of the Agreement unless stated to be such in writing, signed by the director, or the director's designee, and attached to the
original Agreement.
SECTION 35. APPLICATION REPRESENTATIONS -- MISREPRESENTATIONS OR INACCURACY OR BREACH
The funding board and RCO rely on the sponsor's application in making its determinations as to eligibility for, selection for, and scope
of, funding grants. Any misrepresentation, error or inaccuracy in any part of the application may be deemed a breach of this
Agreement.
SECTION 36. SPECIFIC PERFORMANCE
The funding board and RCO may enforce this Agreement by the remedy of specific performance, which usually will mean completion
of the project as described in this Agreement. However, the remedy of specific performance shall not be the sole or exclusive remedy
available to RCO. No remedy available to the funding board or RCO shall be deemed exclusive. The funding board or RCO may elect
to exercise any, a combination of, or all of the remedies available to it under this Agreement, or under any provision of law, common
law, or equity.
SECTION 37. TERMINATION
The funding board and RCO will require strict compliance by the sponsor with all the terms of this Agreement including, but not limited
to, the requirements of the applicable statutes, rules and all funding board and RCO policies, and with the representations of the
sponsor in its application for a grant as finally approved by the funding board
A- For Cause. The funding board or the director may suspend or terminate the obligation to provide funding to the sponsor under
this Agreement:
i. In the event of any breach by the sponsor of any of the sponsor's obligations under this Agreement; or
ii. If the sponsor fails to make progress satisfactory to the funding board or director toward completion of the project by the
completion date set out in this Agreement. Included in progress is adherence to milestones and other defined deadlines
In the event this Agreement is terminated by the funding board or director, under this section or any other section after any
portion of the grant amount has been paid to the sponsor under this Agreement, the funding board or director may require that
any amount paid be repaid to RCO for redeposit into the account from which the funds were derived.
B. Non Availability of Funds. The obligation of the RCO to make payments is contingent on the availability of state and federal funds
through legislative appropriation and state allotment. If amounts sufficient to fund the grant made under this Agreement are not
appropriated to RCO for expenditure for this Agreement in any biennial fiscal period, RCO shall not be obligated to pay any
remaining unpaid portion of this grant unless and until the necessary action by the Legislature or the Office of Financial
Management occurs. If RCO participation is suspended under this section for a continuous period of one year, RCO's obligation
to provide any future funding under this Agreement shall terminate. Termination of the Agreement under this section is not
subject to appeal by the sponsor.
C. For Convenience. Except as otherwise provided in this Agreement, RCO may, by ten (10) days written notice, beginning on the
second day after the mailing, terminate this Agreement, in whole or in part. If this Agreement is so terminated, RCO shall be liable
only for payment required under the terms of this Agreement for services rendered or goods delivered prior to the effective date of
termination.
SECTION 38. 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
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PROJAGR.RPT
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 39. 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 40. GOVERNING LAWIVENUE
This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. In the event of a lawsuit
involving this Agreement, venue shall be in Thurston County Superior Court if legally proper; otherwise venue shall be in a county
where the project is situated. The sponsor, by execution of this Agreement acknowledges the jurisdiction of the courts of the State of
Washington.
In the cases where this Agreement is between the funding board and a federally recognized Indian Tribe, the following governing
law/venue applies:
A. Notwithstanding the above venue provision, if the State of Washington intends to initiate a lawsuit against a federally recognized
Indian tribe relating to the performance, breach or enforcement of this Agreement, it shall so notify the Tribe. If the Tribe believes
that a good faith basis exists for subject matter jurisdiction of such a lawsuit in federal court, the Tribe shall so notify the State
within five days of receipt of such notice and state the basis for such jurisdiction. If the Tribe so notifies the State, the State shall
bring such lawsuit in federal court; otherwise the State may sue the Tribe in the Thurston County Superior Court. Interpretation of
the Agreement shall be according to applicable State law, except to the extent preempted by federal or tribal law. In the event
suit is brought in federal court and 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.
B. Any judicial award, determination, order, decree or other relief, whether in law or equity or otherwise, resulting from such a
lawsuit shall be binding and enforceable on the parties. Any money judgment or award against a Tribe, tribal officers and
members, or the State of Washington and its officers and employees may exceed the amount provided for in Section F- Project
Funding of the Agreement in order to satisfy the judgment.
C. The Tribe hereby waives its sovereign immunity for suit in state court for the limited purpose of allowing the State to bring such
actions as it determines necessary to give effect to this section and to the enforcement of any judgment relating to the
performance or breach of this Agreement. This waiver is not for the benefit of any third party and shall not be enforceable by any
third party or by any assignee of the parties. In any enforcement action, the parties shall bear their own enforcement costs,
including attorneys' fees.
For purposes of this provision, the State includes the RCO and any other state agencies that may be assigned or otherwise obtain the
right of the RCO to enforce this Agreement.
SECTION 41. 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.
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Eligible Scope Activities
Project Sponsor: City of Edmonds
Project Title: Willow Creek Daylighting Preliminary Design
Program: Salmon Federal Projects
Planning Metrics
Worksite #1, Edmonds Marsh
Targeted salmonid ESU/DPS:
Targeted species (non -ESU species):
Area Encompassed (acres):
Miles of Stream Affected:
Design for Salmon restoration
Preliminary design
Name of the Plan:
Description of the Plan:
Project Number: 14-1299
Project Type: Planning
Approval: 12/4/2014
Chinook Salmon -Puget Sound ESU,
Chum Salmon -Puget Sound/Strait of
Georgia ESU, Coho Salmon -Puget
Sound/Strait of Georgia ESU
Cutthroat
28.0
0.10
Willow Creek Estuary Restoration
Preliminary Design
Shannon&Wlson. 2013. Willow Creek
Daylighting Final- Early Feasibility Study,
Edmonds, WA. Shannon & Wilson, Inc.
400 N 34th St, Suite 100, Seattle, WA
98103. 21-1-12393-206.
Preliminary design to daylight Willow
Creek and restore fish access to
Edmonds marsh.
The intent of the plan was to explore the
feasibility of providing and maximizing
Chinook salmon access to rearing
habitat in Edmonds Marsh, and to
evaluate the potential size and habitat
types that would become available to
juvenile salmon within the marsh. The
Early Feasibility study included a
conceptual design of marsh restoration
actions.
ELIGREIM.RPT January 30, 2015 Page: 11
Milestone Report By Project
Project Number: 14-1299 P
Project Name: Willow Creek Daylighting Preliminary Design
Sponsor: Edmonds City of
Project Manager: Elizabeth Butler
X = Milestone Complete
1 = Critical Milestone
1MILESTO.RPT January 30, 2015 Page:
Milestone
Targetx ..Comments/Description
X
Project Start
12/04/2014
Eligible Preagreement Expenses per
Acquisitions Manual 5
Data Gathering Started
03/01/2015
RFP Complete/Consultant Hired
08/01/2015
Scope and Budget Negotiated.
I
Progress Report Submitted
08/15/2015
Annual Project Billing
09/30/2015
Cultural Resources Complete
11/30/2015
If Ground Disturbing Activities are
necessary.
Progress Report Submitted
01/30/2016
Draft Design to RCO
04/30/2016
Preliminary Design Deliverables per
Manual 18 Appendix D-2
!
Progress Report Submitted
06/01/2016
Annual Project Billing
06/30/2016
Special Conditions Met
07/31/2016
Design Review comments received
from stakeholders
Applied for Permits
08/31/2016
Preliminary Design to RCO
11/30/2016
Preliminary Design Deliverables per
Manual 18 Appendix D-2
Final Report in PRISM
12/30/2016
i
Agreement End Date
06/30/2017
Project End Date, all expenses must
be incurred by this date.
Final Billing to RCO
08/31/2017
X = Milestone Complete
1 = Critical Milestone
1MILESTO.RPT January 30, 2015 Page: