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Authorization and Amendment to Project Agreement with RCO BEFORE THE BOARD OF COUNTY COMMISSIONERS OF LEWIS COUNTY, WASHINGTON IN THE MATTER OF: } Approving the Board of County Commissioners (BOCC) Chair to sign the } Applicant Resolution/Authorization and Amendment to Project Agreement} , between Lewis County and the Recreation and Conservation Office } Resolution No. 18 1 (RCO) for the Lacamas Creek Side Channel Restoration Project } WHEREAS, Public Works has identified the Lacamas Creek Channel Restoration Project as a project that will benefit the residents of Lewis County; and WHEREAS, Public Works has received grant funding administered through the RCO for the Lacamas Creek Channel Restoration Project; and WHEREAS, the conditions of receiving the grant funding requires an Applicant Resolution/Authorization and Amendment to Project Agreement signed by the BOCC Chair; and WHEREAS, the Public Works County Engineer has reviewed the Applicant Resolution/Authorization and Amendment to Project Agreement between Lewis County and RCO. NOW, THEREFORE BE IT RESOLVED that the BOCC has determined that proceeding with Resolution/Authorization and Amendment to Project Agreement for the Lacamas Creek Channel Restoration Project to be administered by RCO is in the best public interest and hereby approves the Chair of the BOCC to sign. PASSED IN REGULAR SESSION this 27th day of August, 2018. APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS Jonat n L. Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON 7 V — ' , . , / Iv 4 9 -By Deputy Prosecuting Attorney E. a J. Fund, / „,. ki-- ____-- ATTEST: Robert C. Jack n, Vice Chair Ri va Lester, Clerk of the Lewis County Gary er, Member e Y Y p Board of County Commissioners • tig CO UM .• .•v�%OART) 19 •• •5 i SINCE ` a `�C, 1845 . % z: •0°10. NS 1stC e° Page 1 of 1 Recreation and Conservation Office Applicant Resolution/Authorization Organization Name(sponsor) Lewis County Public Works Resolution No. (if applicable) Project(s) Number(s),and Name(s) 15-1087P Lacamas Creek Side Channel Reconnection This resolution/authorization authorizes the person identified below(in section 2)to act as the authorized representative/agent on behalf of our organization and to legally bind our organization with respect to the above Project(s)for which we seek grant funding assistance managed through the Recreation and Conservation Office(Office). WHEREAS,state grant assistance is requested by our organization to aid in financing the cost of the Project(s) referenced above; NOW,THEREFORE, BE IT RESOLVED that: 1. Our organization has applied for or intends to apply for funding assistance managed by the Office for the above "Project(s)." 2. Edna Fund,Chair of the Board of County Commissioners [insert NAME AND TITLE OF AUTHORIZED REPRESENTATIVE/AGENT]is authorized to act as a representative/agent for our organization with full authority to bind the organization regarding all matters related to the Project(s), including but not limited to,full authority to:(1)approve submittal of a grant application to the Office, (2)enter into a project agreement(s) on behalf of our organization, (3)sign any amendments thereto on behalf of our organization, (4) make any decisions and submissions required with respect to the Project(s),and (5)designate a project contact(s)to implement the day-to-day management of the grant(s). 3. Our organization has reviewed the sample project agreement on the Recreation and Conservation Office's WEBSITE at: https://rco.wa.gov/documents/manuals&forms/SampleProjAgreement.pdf. We understand and acknowledge that if offered a project agreement to sign in the future, it will contain an indemnification and legal venue stipulation(applicable to any sponsor)and a waiver of sovereign immunity(applicable to Tribes)and other terms and conditions substantially in the form contained in the sample project agreement and that such terms and conditions of any signed project agreement shall be legally binding on the sponsor if our representative/agent enters into a project agreement on our behalf. The Office reserves the right to revise the project agreement prior to execution and shall communicate any such revisions with the above authorized representative/agent before execution. 4. Our organization acknowledges and warrants,after conferring with its legal counsel,that its authorized representative/agent has full legal authority to enter into a project agreement(s)on its behalf,that includes indemnification,waiver of sovereign immunity(as may apply to Tribes), and stipulated legal venue for lawsuits and other terms substantially in the form contained in the sample project agreement or as may be revised prior to execution. 5. Grant assistance is contingent on a signed project agreement. Entering into any project agreement with the Office is purely voluntary on our part. 16. [Only for Projects located in Water Resources inventory Areas 1-19 that are applying for funds from the Critical Habitat,Natural Areas,State Lands Restoration and Enhancement, Riparian Protection,or Urban Wildlife Habitat grant categories;or the Puget Sound Acquisition and Restoration program, or a Salmon Recovery Funding Board approved grant] Our organization certifies the following:the Project does not conflict with the Puget Sound Action Agenda developed by the Puget Sound Partnership under RCW 90.71.310. 17. This resolution/authorization is deemed to be part of the formal grant application to the Office. 18. Our organization warrants and certifies,after conferring with its legal counsel,that this resolution/authorization was properly and lawfully adopted following the requirements of our organization and applicable laws and policies and that our organization has full legal authority to commit our organization to the warranties,certifications, promises and obligations set forth herein. [Native American Tribes, Local Governments, and Nonprofit Organizations Only]This application authorization was adopted by our organization during the meeting held: Location Lewis County Courthouse Date August 27,2018 [All Applicants] Signed and approved on behalf of the resolving body of the organization by the following authorized member(s): Signed ed./9 '41 \ Title Will L i'$ a to BOG,rk Date 0( Cok&fj Cohtnu ss onc-rr Washington State Attorney General's Office Approved as to form_ — 1/19/18 Assistant Attorney General Date You may reproduce the above language in your own format;text however may not change. �rnn Natural Resources Building (360) 902-3000 1111 Washington St SE TTY (360) 902-1996 Olympia WA 98501 = �� _) Fax: (360) 902-3026 PO Box 40917 E-mail: info @ rco.wa.go Olympia WA 98504-0917 Web site: www.rco.wa.gov STATE OF WASHINGTON Recreation and Conservation Office August 9, 2018 Ann Weckback Lewis County Public Works 2025 NE Kresky Ave Chehalis, WA 98532 RE: Lacamas Creek Side Channel Reconnection, RCO #15-1087P Amendment# 6 Dear Ann Weckback: 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 Lacamas Creek Side Channel Reconnection 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 Josh Lambert at (360) 725-3935, or send an e-mail to Josh.Lambert@rco.wa.gov. Sincerely, Kaleen Cotting-a Director Enclosures Recreation and Conservation Funding Board•Salmon Recovery Funding Board•Washington Biodiversity Council Washington Invasive Species Council•Forum on Monitoring Salmon Recovery and Watershed Health AMENDCVR.RPT Governor's Salmon Recovery Office iJ WASHINGTON STATE Recreation and Conservation Office Amendment to Project Agreement Project Sponsor: Lewis County Public Works Project Number: 15-1087P Project Title: Lacamas Creek Side Channel Reconnection Amendment Number: 6 Amendment Type: Cost Change Amendment Description: A cost increase of$5,173 SRFB funds with additional $913 of sponsor match to allow further modelling and landowner outreach to illustrate potential changes (rise) to FEMA floodplain maps caused by the project and ensure future landowner participation. Project Funding: The total cost of the project for the purpose of this Agreement changes as follows: Old Amount New Amount Amount % Amount RCO-SALMON FED PROJ $147,039.00 84.43% $152,212.00 84.44% Project Sponsor $27,125.00 15.57% $28,038.00 15.56% Total Project Cost $174,164.00 100% $180,250.00 100% Admin Limit $0.00 0.00% $0.00 0.00% A&E Limit $0.00 0.00% $0.00 0.00% 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 Lewis County Public Works Recreation and Conservation Office j I AGENCY: i ,� 1� r/ir / BY: BY: Kaleen Cottinghavr TITLE: Dire for I , II� I ^, TITLE: ,I∎kki f , w.tll iS W iLti t bard DATE: �� ( (A0V,Ut COggt5ci 6a-CS i DATE: Pre-approved as to form: BY: IS/ Assistant Attorney General SAL Project Cost Change Amendment General Fund- Federal RCW 77.85.WAC 420 AMENAGR1.RPT Amendment Agreement Description Project Sponsor: Lewis County Public Works Project Number: 15-1087 P Project Title: Lacamas Creek Side Channel Reconnection Amendment Number: 6 Agreement Description Lewis County Public Works requests funding for the development of a preliminary design for the reconnection of a historic side channel within the Lacamas Creek drainage basin in an effort to restore floodplain functions, reconnect side channel habitat, restore riparian corridors, and enhance water quality. The Lacamas Creek Side Channel Reconnection is a planning project located between Jackson Highway mileposts 12.15 to 13.25 and Frost Road mileposts 0.00 and 1.50 in Lewis County, WA. Historically, a side channel of Lacamas Creek carried waters from the area 200 ft west of the intersection of Jackson Highway and Frost Road through an unconfined sinuous channel, approximately 1.82 miles in length, before reconnecting to the mainstem. Reconnection of this historic side channel would provide rearing habitat for winter steelhead and coho salmon. Should this funding be awarded, a follow up project, phase 2, would carry the proposed project through development of final plans, permits, and construction. It is anticipated the design would not only reconnect the side channel but also restore a 100-foot riparian buffer on either side of the channel as well as install large woody debris within the channel. AAGREEDSC.RPT August 9, 2018 Page 1 Amendment Eligible Scope Activities Project Sponsor: Lewis County Public Works Project Number:15-1087 Project Title: Lacamas Creek Side Channel Reconnection Project Type:Planning Program: Salmon Federal Projects Amendment#: 6 Planning Metrics Worksite #1, Lacamas Side Channel - Reach 5 Targeted salmonid ESU/DPS (A.23): Chinook Salmon-Lower Columbia River ESU, Chum Salmon-Columbia River ESU, Coho Salmon-Lower Columbia River ESU, Steelhead-Lower Columbia River DPS Area Encompassed (acres) (B.0.b.1): 60.5 Targeted species (non-ESU species): Unknown Miles of Stream and/or Shoreline Affected (B.0.b.2): 1.88 Design for Salmon restoration Preliminary design Project Identified in a Plan or Watershed Assessment.: The proposed project will be developed consistent with the Washington Lower Columbia Salmon Recovery and Fish and Wildlife Subbasin Plan prepared May 28, 2010 by the Lower Columbia Fish Recovery Board. Priority in Recovery Plan: Lewis County proposed to develop 60 percent designs to reconnect a side channel to a Tier 1 portion of Lacamas Creek - Reach 5. In addition to reconnection of the side channel 100-foot riparian buffers will be restored along the channel and large woody debris will be placed. Name and Description of Plan: TBD Cultural Resources Cultural resources RCO Staff moved $10 from design budget to cultural resources as budgeted in the cost estimate spreadsheet. AELIGREIM.RPT August 9, 2018 Page. 1 Amendment Special Conditions Project Sponsor: Lewis County Public Works Project Number: 15-1087 P Project Title: Lacamas Creek Side Channel Reconnection Amendment Number: 6 Special Conditions The project is conditioned for SRFB Techncial Panel review of draft design deliverables including feasibility assessment, conceptual designs, and alternatives analysis prior to the final selection of a preferred alternative. The intent is for the Review panel to see a clear rationale for the selection of the chosen alternative prior to that alternative proceeding further in the design process to insure benefits to fish, certainty of success and reasonable costs relative to the benefits that can be achieved and is optimized in the project design. The review panel requires a minimum 30 day review and comment period, and this timeframe needs to be built into the project schedule. Following 60% design completion and by 08/31/2017 (which ever is later) update RCO of sponsor's status of acquiring all needed landowner acknowledgement forms or right of entry forms ASPECCOND.RPT August 9, 2018 Page 1 BOCC AGENDA ITEM SUMMARY Resolution: BOCC Meeting Date: Aug 27, 2018 Suggested Wording for Agenda Item: Agenda Type: Consent Approving the Board of County Commissioners (BOCC) Chair to sign the Applicant Resolution/Authorization and Amendment to Project Agreement between Lewis County and the Recreation and Conservation Office (RCO) for the Lacamas Creek Side Channel Reconnection Contact Tim Fife Phone: 2711 Department: Public Works Action Needed: Approve Resolution Description Public Works has received grant funding administered through the RCO for the Lacamas Creek Side Channel Reconnection project. The conditions of receiving the grant funding requires an Applicant Resolution/Authorization and Amendment to Project Agreement signed by an authorized agent of Lewis County. This Amendment will allow a cost increase to allow further modelling and landowner outreach. The project's new funding total is $152,212 with a local match of$28,038.00. Additional Copies Kim Amrine,PW Malcolm Bowie,PW Tim Fife, PW Ann Weckback, PW Cw<k