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FY2018-43 MOA Between KIB and Kodiak Soil & Water Conservation District Regarding Lake Orbin Culvert Replacement ProjectKodiak Island Borough Manager's Office 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9301 Fax (907) 486-9374 MEMORANDUM OF AGREEMENT BETWEEN THE KODIAK SOIL & WATER CONSERVATION DISTRICT AND THE KODIAK ISLAND BOROUGH REGARDING THE LAKE ORBIN CULVERT REPLACEMENT PROJECT ASSOCIATED WITH A COOPERATIVE AGREEMENT TO THE KODIAK SOIL & WATER CONSERVATION DISTRICT FROM THE U.S. FISH AND WILDLIFE SERVICE PURPOSE: This Memorandum of Agreement (Agreement) recognizes that the Kodiak Sail & Water Conservation District is the real and appropriate entity relative to the Culvert Replacement Project funded under Cooperative Agreement F13AC00878 and F16ACOI034 issued by the U.S. Fish and Wildlife Service. These Agreements outline the terms under which the Kodiak Sail & Water Conservation District and the Kodiak island Borough agree to substitute the Kodiak lsland Borough as the Contractual Authority fbr Construction for the Cooperative Agreements F13AC00878 and F16AC01034, attached hereto as Exhibits A, B, C and D, and hereby incorporated by reference and consistent with the following: PROJECT TITLE: THE LAKE ORB1N CULVERT REPLACEMENT PROJECT AGREEMENT EFFECTIVE DATE: June 1, 2018 AGREEMENT COMPLETION DATE: August 31, 2021 COOPERATIVE `AGREEMENT TERM: As per Agreements F13AC00878 and FI6AC01034, the U.S. Fish and Wildlife Service shall reimburse the Kodiak Soil & Water Conservation District for the �erifotlnance of the project work under the terms outlined in the agreements. The amount of the payment is based upon project expenses incurred, which are authorized under this agreement. See attached Cooperative Agreements. THE KODIAK SOIL '& WATER CONSERVATION DISTRICT SHALL: I . Forward the requested funds to the Kodiak Island Borough to pay the Selected Contractor as awarded by the Kodiak Island Borough through the completed bidding process for the project construction and administrative costs. Upon written request from the Kodiak Island Borough, Kodiak Soil & Water Conservation District will forward funding in an amount to pay invoice costs. 2. Release the Kodiak Island Borough from any future requirement to comply with all grant provisions. U.S. FISH AND WILDLIFE SERVICE SHALL: 1. Provide funding, assistance, project development for dcsit and scope, administrative review and guidance for on-site installation of the facilities. 2. Provide funding to the Kodiak Soil & Water Conservation District upon written request. KODIAK ISLAND BOROUGH SHALL: 1. Assist in the project development and completion to include the solicitation for bids, manage the bidding and contract award process, and administer the contract for construction of the project. 2. Provide to the Kodiak Soil & Water Conservation District all documents associated with the grant administration relative to Grants F13AC00878 and FI6AC01034. DATED: ichael Pow s, Manager Blythe Town, District Manager Kodiak Island Borough Kodiak Soil & Water Conservation District 518 W. Marine Way, Suite 206 Kodiak AK 99615 ATTEST: Phone (907) 486-5574 ......-- U�SX,P►ND Bp�O Nova M. Javier, MMC Q G Kodiak Island Borough C q�ASKA�`1� C x Nr 6 7T rq a:a ants � m>vn United States Department of the Interior a""a U.S. FISH AND WILDLIFE SERVICE 1011 East Tudor Road Anchorage, Alaska 99503.6199 R4 REPLY REFER TO: AFWFO Blythe Brown Project Coordinator Kodiak Sail and Water Conservation District (KSWCD) 51 S Marine Way, Suite 206 Kodiak, Alaska 99615 DUN: 130455475 Subject: Notice of Revision 02 to Financial Assistance Award F13AC00978 Dear Ms. Brown, Your organization's request for award revision to U.S. Fish and Wildlife Service (USFWS) Award FI3AC00878 titled "Lake Drain Fish Passage Project" under CFDA 9 15.608 is approved cfrective 8'12015. This oward is revised as follows: USRVS is revising the award to provide a supplemental revision to change the end date of this agreement fmm December 31, 3015 to December 31, 2016 at no additional cost to the U.S. government. The revision also includes two additional culverts in lite Lake Orbin drainage for possible survey and design. The original scope ofwork and 2014 revision provided for the survey, design and construction ofthree fish friendly culverts on the stream from Lake Orbin to improve spawning and rearing habitat For collo, chum and sockeye salmon. This revision allows KSWCD to conduct surveys and secure designs For one or two more culverts in the Lake Orbin drainage depending on time and design cost. The two potential culverts are located an Lake Orbin Drive (ADFGH 20700845) and Middle Bay Drive (ADF(34 30700852). Continuing to replace these priority road crossings for fish passoge strengthens the original proposal and enhances salmon populations for the benefit oFlhe resources and the American people. This revision also changes ilia USFWS Project Officer from Bill Rice to Franklin Dekker; please see the Project Contract section for full details. The award Terms and Conditions have changed to reflect the new 2 CFR 200 Regulations, see the Terms and Conditions section. FM F13AGC37E Revrilm 7 olr?aots Pape 1 cta The original performance and budget period of this award has been changed to extend the end date from December 31, 2015 to read a new end date of December 31, 2016. The revised performance and budget period of this award is November 1, 2012 through December 31, 2016. This is the period of Federal sponsorship. Only allowable costs resulting from obligations incurred during this funding period and may be charged to this award. Project Performance Measurement: The Recipient will be monitored far required Reporting; i.e. Performance Reporting, Financial Reporting and all other Mandatory Reporting as identified in the Notice of Award Letter. The following scheduled tasks have been revised. All o0rer project tasks; activities, objectives, and dcliverabics, set forth in the original award and any previous revisions (modifications/amendments) ere also applicable to, and are hereby incorporated by reference into this revision. Performance Goatsfrashs: project activities, objectives, and deliverables Anticipated Survey, locales. eolechnlcal investi ations Completion Data Completed Desi ns, bid documents completed Cam Ieted Con. r Com leted 533,261.00e culvert cult' First culvert constructed colt Cam Ieted Phase Z Original Award: Designs, bid documents completed November 30, Contractor selected 2014 March 30.2015 Second Second culvert constructed December 30, One or two additional culvert survey and/or dcsign(s) for fish passage 2015 December 31, 2016 The Recipient's project officer must immediately communicate (via Ielephone, fox or email) any significant changes to (a) project objectives, (b) the above schedule, (e) approved budget, or (d) project personnel, and then document these changes (along with an explanation or why they occurred and suggestions on how to deal with them) in a Significant Development Report (SDR). Please sec the Significant Development section ofthls award letter for details. This award is funded as follows: Description ofActiva USFWS Re (lent Revision 2: No cost time extension and minor scope of work change 50.00 50.00 Revision 5100,000.00 533,261.00e Increase in fundin for Phase2 Original Award: 595,000.00 S10,000.00 An•ard Total: 5195,000,00 543,261.00 WAS FI3ACnaara Fitm;r, 2 D&7Mo15 Page 2ora System �orAward Inasement fSAD1) RcaNtroUon: Under the terms and conditions ofthis award, your organization must maintain on active SAM registration at hhns:/Avtvwsam P+ay/nnrtoyouhlirJSAM%until the Final financial report is submitted or final payment is received, whichever is later. If your orgnnizalion's SAM registration expires during the required period, the Service will suspend payment under this and all other Service awards to your organization until you update your organization's SAM registration. Terms orAecentanca: NOTE: The terms and conditions of this award have changed to incorporate the new 2 CFR 200 Regulation, please revinv these at the website listed. Acceptance ofa Financial assistance award (i.e., grant or coopcmlive agreement) from the Service carries with it the responsibility to be aware of and comply with the terns and conditions applicable to the award. Acceptance is defined as the start of work, drawing down funds, or accepting the award via electronic means. Awards arc based on the application submitted to and approved by the Service. Awards are subject to the terms and conditions incorporated into the notice oraward either by direct citation or by reference to the following: Federal regulations; program legislation or regulation; and special award terms and conditions. The Federal regulations applicable to Service awards arc listed by recipient type in the Service Financial Assistance Award Terms and Conditions posted on the lntemet nt httn://unvw•fws uov/mmnts/. If you do not have access to the internet and require a full text copy of the award terms and conditions, contact the Service Project Offccr. Snegial Conditions aad Pravisioas: All special conditions and provisions applicable to the original award and any previous revisions (mndifrcationslamendments) are also applicable to, and ore hereby incorporated by reference into, this revision. Payments Your organization has completed enrollment in U.S. Treasury's Automated Standard Application for Payment (ASAP) system. Please continue to use your USFWS award number, for all payment actions. The ASAP Help menu provides general information on payments. Select the Payment Requestor Tutorials Help menu option to walk through how to request funds. NOTE: iry'ou are having problems oerrd efileulties wilt ASAP, please go to the USFWS \Viki page at: if you were not able to find what you need from the above information, please contact the Branch of Financial Assistance Systems (FAS) directly at; fvvliafas(alfws eov and include the following information: (Recipient Nome, Person rq Contact, Phonc Numhcr, ASAP Recipient ID, FHhIS Award Numbers (irumum ask their Service Project orRcer for this Information). Description urEmort tesvae). Please be very specific. Provide a screen shot if possible. Reportine Requirements: Financial and Performance Re 2rdna Reguiremen • The Financial and Performance Reporting requirements have been revised based on the extension set Forth in this revision. All other reporing requirements as detailed in the original notice ofaward and FWS F13AC00878 Rr'nccn 2 UrerVIS Page 3oie any previous revisions (modifrcationslamendmcnis) are also applicable to and are hereby incorporated by rcrerence into this revision. See the fallowing revised reporting schedule: Report: Report Period: I Rc orl Due Dale: Reports required prior to this rerlsiah (USFtfS should lave on file) Interim financial & erformance re rts Novmber 1, 2012 - November I, 2.13e March 31, 2014 Interim financial & rformance reports November 2, 2013 - November 1, 2014 March 31, 2015 REMAINING REPORTS DUE: Interim financial & porromoncc reports November 2, 201 -December 31, 2015 March 31, 2016 Final Perfomance Report lanuary 1, 2016 - December 31, 2016 March 31, 2017 Final Ffnanclnl Repan November I, 2012 - December 31, 2DIG March -31,2017 Recipients must use the Standard Form (SF) 425, Federal Financial Report Ibm for all financial reporting. This form is available at litipd/wtvtv.whitehouse.govlamNgrnnts_fomsl. Performance reports must contain: 1) a comparison oractual accomplishments with the goals and objectives of the award as detailed in the approved scope or work; 2) a description or masons why established goals were not met, If appropriate; and 3) any other pertinent information relevant to the project results. Please include the Service award number provided In the subject line ofthis Iencron all reports. Financial and perromance reporting due dates may be extended by the Service upon receipt of a written request addressed to the Service Project Officer identifying the type ormport to be extended, the requested revised due date, and a justification for the extension. The Service Project OMccr may Approve an additional extension irjustified by a catastrophe that significantly impairs the recipient's operations. Requests ror reporting due date extensions must be received by the Service Project Officer no later than one day before The original reporting due date. Significant Developments Repnrts: Events may occur between the scheduled performance reporting dates that hate significant impact upan the supported activity. In such cases, notify the Service Project Officer in writing as soon as the following types of conditions become known: • Problems, delays, or adverse conditions that will materialiv impair the ability to meet the objective of the Federal award. This disclosure must include a statement orally corrective action(s) taken or contemplated, and any assistance needed to resolt a the situation. • Favorable developments that enable meeting time schedules and objectives sooncrorat less cost than anticipated or producing more or different beneficial results than originally planned. FWS F13•C00678 aeN0-x2 aar2WDi� PXte 4ala DLiter Deliverables: Delivera6lc Submission lnstructions/Detnils Deliverable Due Date One ar ti% culvert survey I Email pdr March 31, 2017 Land or design(s) All reports, survey and or design results must be sent to the Service Proiect Officer. /Yonflict orinterest Disclosures: Recipients are responsible for notifying the Service Project Officer in writing of any actual or potential conflicts of interest that may arise during the life of this award. Conflicts of interest include any relationship or matter which might place the Rcciplcnt, the Recipient's employees, orthe Recipient's subrecipients in a position of conflict, real or apparent, between their responsibilities under this award and any other outside interests. Conflicts of interest may also include, but are not limited to, director indirect financial interests, close personal relationships, positions or trust in outside organizations, consideration of future employment arrangements with a different organization, or decision-making affecting the award that would cause a reasonable person with knowledge arthe relevant facts to question the Impartiality arthe Recipient, the Recipient's employees, or the Recipient's subrecipients in the matter. Upon receipt of such a notice, the Service Projcct Officer in consultation with their Ethics Counselor will determine If o conflict of interest exists and, if so, iFthere are any possible actions to be Laken by the Recipient, the Recipient's employee(s), or the Recipient's subrecipient(s) that could reduce or resolve the conflict. Failure to resolve conflicts of interest in a manner that satisfies the Service may result in any oFthe remedies described in 2 CFR 200.338, Remedies for Noncompliance, including termination or this award. Other Mnndutory Diselosures: Recipients and their subrecipients must disclose, in a timely manner, in writing to the Service or pass- through entity all violations orFederal criminal law involving fraud, bribery, or gratuity violations Potentially affecting this award. Failure to make required disclosures can result in any of the «medics described in 2 CFR 200.338, Remedies for noncompliance, including suspension or debarment (See ? CFR 200.113, 2 CFR Pan 180, and 31 U.S.C, 3321). Prolect Plan and Dud et Amendments: Recipients are permitted to re -budget within the approved direct cost budget to meet unanticipated requirements and may make limited program changes to the approved project. However, certain types of past -award changes in budgets and projects shall require the prior trrinuff approval ofthe Service Project Orficer, State, local, or Indian tribal governments must refer to 2 CFR 200.407 Prior ff'rilran Approval, for additional information an the types of changes that require prior written approval. Indirect/Direct Cast Transfers: The transfer of amounts budgeted for indirect costs to cover an increase in direct costs and vice versus requires prior written approval from the Service. Service approval orbudgel changes, such as changes resulting From an increase in the Recipient's approved Indirect cost m1e, will depend on if funds are available either from budgeted direct costs or through additional Federal funding. If funds are not available the Service may, if not otherwise prohibited by legislation or regulation allow the Recipient to use the excess indirect cost amount to satisfy, cost-sharing or matching requirements. However, the excess amount may not be shifted to another Federal award unless specifically authorized by legislation. Recipient must submit such budget change requests to the Service Project Officer. Ms F114cam:a nevnlen 2 a&:ar2015 Pepe 5 of Proicel Period Extensions: lraddilianal time is needed to complete the approved project, you must send written notice, Significant Development Report, to the Service Project Officer. This notice must be received by the Service Project Officer at least 10 days berare the authorized project/budget period end date, and must include supporting reasons and the revised project end date Extensions for time cannot be authorized for the purpose ofspcnding an unused balance of funds that remains after the approved project activities have been completed. Proiccl Contacts: this AFO USFWS Kodiak Soil and Water Conservation District 4700 BLA1 Rd. 518 Marine Way, Suite 206 Anchorage, AK 99507 Kodiak, AK 99615 Telephone: 907-271-3764 Tel: (907) 486-5574 Email: rmnklin—dekker@rws.gov Fax: (907) 486-5586 Please contact Franklin Dekker with any questions, Please include the USFWS document number, F13AC00878, assigned to this award in all written communications, Sincerely, KATHERINE rxs"� SMILEY u.. lat.aa Ilnl A++� Katherine K. Smiley Agreement Officer/Contnt:L Specialist Division of Contracting and General Services U.S. Fish and Wildlife Service/Region 7 Katharine Smilclnr%vs.rnv 907-786-3412 PNS F13AC0057B Revislcn 2 aG79.7015 Page 6 or In Reply Refer To AFW FO GX/VI p ii- 6 'l--- -- iR United States Department of the Interior `�"X--re U.S. FISH AND WILDLIFE SERVICE 1011 East Tudor Road Anchorage, Alaska 99503-6199 Blythe Brown Pmject Coordinator Kodiak Soil and Water Conservation District (KSWCD) 518 Marine Way, Suite 206 Kodiak, Alaska 99615 Tel: (907) 486-5574 Email: blythe.brown@kodiaksailandwater.org DUNS: 130455475 Subject: Notice Cooperative Agreement Award F16AC01034 Dear Ms. Brown: Your organization's application for Federal financial assistance titled' Kodiak Fish Passage Improvements 2021" submitted to the U.S. Fish and Wildlife Service (Suvice)'s CFDA Program 15.608 is approved. This award has been assigned USFWS document number F16AC01034. This agreement is entered into under the authority of the Fish and Wildlife Coordination Act (16 U.S.C. 661-667c; the Act of lvtarch 10, 1934; Ch. 55; 48 Stat.401), the Fish and Wildlife Act (16 U.S.C. 742a -j, not including 742d -I; 70 Stat.l 119), and the Anadromous Fish Conservation Act (16 U.S.C. 757a -g; 79 Stat. 1125). This award was announced on grants.gov under die following funding announcement number. F16AS00041.This award is made based on Service approval of your organization's proposal si6med on August 11, 3016 hereby included in this award Funds under this cooperative agreement award are to be used to design and construct identified fish bamer culverts with fish -friendly culverts on at last one of the listed 29 culverts within the Statement of Work. Options periods can be utilized to accomplished additional fish passage projects on the list. Under this award, the Recipient will: Task t. Design, permit and bid at least 1 of the 29 Identified culvert replacements from higher to lower priority, unless unexpected issues such as timing, other priorities or utility conflicts prevent action and the next project in priority is attempted. The designs will employ stream simulation principles and maximize fish passage while maintaining public safety, hydrologic continuity and re -vegetation of disturbed area. It is intended that these designs include hydraulic capacity and stream banks stable for up to the 100 -year flood event. All investigations, right-of- way, permits and surveys are included in this task. FWS DCN F16AC01034 06252016 Pope 1 ora • Task 2. Construct the projects designed in the option years. Construction includes all inspections, re -vegetation, and landscaping in compliance with 1311 permit stipulations. • Task 3. Provide project management, biological surveying, maintenance and monitoring support on the sites identified in the Statement of Work. Under this award, the USFWS will: Provide fish, habitat, hydrologic, hydraulic design, and bioengineering design expcnisc and assistance to Kodiak Soil and Water Conservation District (KS WCD) for the duration of the project. Work collaboratively with KSWCD to create nt least one crossing that will maximize fish passage and a provide quality control on design drawings that will be acceptable to permitting agencies. Answer field questions as trey arise during die construction process. The project period or this atrard begins on August 15, 2016 through August 14, 2021. This is the period of Federal sponsorship. This award will be funded incrementally via a Notice of Award Change Letter (NOACL) for the anticipated budget periods and funding amounts listed in the funding table. Prior to the end of the successful perrarntnnce period of the current year the Recipient must request the next budget period funding via a Significant Development Report (SDR). All required Perronnance and Financial Reports must be submitted and accepted. The fuoding period for the first segment or this project begins on August 15, 2016 through August 14, 2021. The total amount of Service funding available for Ole first segment of this project is 5185,000. Only allowable costs resulting from obligations incurred during this funding period may be charged to this award. The Service's obligation to provide incremental funding up to the total anticipated award amount is contingent on: 1) satisfactory Recipient performance and 2) the availability of funds. No legal liability on the part of die Service exists unless and until the Service obligates funds and notifies the Recipient in writing that funds are available for the purposes of this award. The Service will revise this award over time to add new funding for each subsequent project segment. Each project segment will be assigned s specific funding period, during which only allowable costs resulting from obligations incurred during the specified funding period may be charged to this award. All obligations incurred during a funding period must be liquidated no later than 90 calendar days of the funding period end date, unless written authority to carry over unobligated funding is provided You must submit a written request to the Service Project Officer before the end of the staled period ifyou need more time to liquidate all obligations. The Carryover of unabligated funding into the subsequent funding period is permitted, subject to the Federal Appropriation Laws, with the written approval of the USFWS Project Officer. Each year of funding has a specified period of availability. In the case of a balance of unused Funding at the end of Fw3 oaN F154C01034 06252015 PA0e 2 a! 9 any specified funding period, except the final period of funding, the recipient may request for the carryover orunobligated funds into the subsequent funding period by submitting a significant development report (SDR) identifying the amount of unused funding and continued need to the USFWS project officer for approval. Project Performance Measurement: The Recipient will be monitored for requires! Reporting; i.e. Performance Reporting, Financial Reporting and all other Mandatory Reporting as identified in die Notice orAward Letter. Additionally, the Project performance will be measured and evaluated by monitoring die Recipient's successful completion of project activities, objectives, and deliverables as outlined in the following scheduled tasks, which must be accomplished to achieve project success: Perfarm,toce Ceals/Tasks project activities, objectives, and deliverables Anticipated Select consultants, conduct Gcldwork and surveys Com lotion Date October 30, 2016 Draft designs, specifications and cost estimate completed November30, 2016 Final designs, specifications, cost estimate completed, permits obtained March 31, 2017 Projects in -stream construction complete July 15, 2017 Projects construction completed October 1, 2017 Culverts that did not get done In 2017 - Draft designs, specifications and cost estimate completed November 30, 2017 Final designs, specifications, cost estimate completed, permits obtained March 31, 2018 Projects in-strearn construction complete July 15, 2018 Projects construction completed October 1, 2018 Culverts that did not get done in 20 19 - Draft designs, specifications and cost estimate completed November 30, 2018 Finnl designs, specifications, cost estimate completed, permits obtained March 31, 2019 Projects in -stream construction complete July I5, 2019 Projects construction completed October 1, 2019 Culverts that did not get done in 2019- Draft designs, specifications and cost estimate completed Nowembcr30, 2019 Final designs, specifications, cost estimate completed, permits obtained March 31, 202D Projects in -stream construction complete July 15, 2020 Projects construction completed October 1, 2020 Culverts that did not get done in 2020 - Draft designs, specifications and cost estimate completed November 30, 2020 Final designs, specifications, cost estimate completed, permits obtained March 31, 2021 Projects in -stream construction complete July 15, 2021 1. Projects construction completed August 14, 2021 FV,S CCN- F16AC01034 OF., 5,7016 Page 3 at 9 The Recipient's project officer must immediately communicate (via telephone, fax or email) any significant changes to (a) project objectives, (b) the above schedule, (c) approved budget, or (d) project personnel, and then document these changes (along with an explanation ofwhy they occurred and suggestions on how to deal with diem) in a Significant Development Report (SDR). Please sec the Significant Development section of this award letter for details. This award is funded as follows: D er' tin f Action— S VS at Award1 5185 000.00 1 52,200.00 Award Total; I 5185,00o,00 I S2,200.00 Unfunded Budget Years Awarded: Subject to availability of funds and future government appropriations: -Budget Period 2: August 15, 2017—August 14, 3021 5350.000.00 S350,000.00 Budget Period 3: Au t I5, 2018 — Au st 14, 3021 $350,000.00 5350,000.00 Budget Period 4: August 15, 3019 — AuEst 14, 3021 $350,000.00 5350,000.00 Budget Period 5: August 15, 3020— —August 14, 2021 S350,000.00 5350,000.00 Anticipated Award Total: Sl 585 000.00 Sl 402 200.00 Federal SharefNfatch Reouirements: The Federal share of the total project expenditures cannot exceed 99 percent Recipient is eligible to request Federal obligated funds up to but not in excess of an amount equal to 99 percent of the total project expenditures. Svstem for Award Management ISAM) Rc istration: Under the terms and conditions of this award, yourorganization must maintain an active SAM registration at haps: www sam ury portal public SAM until the final financial report is submitted or final payment is received, whichever is later. If your orgnnizotion's SAM registmtian expires during the required period, the Service will suspend payment under this and all other Service awards to your organization until you update your organization's SAM registration. Terms of Acceptance: Acceptance ofa financial assistance award (i.e., grantor cooperative agreement) from the Service carries with it the responsibility to be aware of and comply with the terms and conditions applicable to the award. Acceptance is defined as the start of wort:, drawing down funds, or accepting the award via electronic means. Awards are based on the application submitted to and approved by the Service. Awards are subject to the terms mud conditions incorporated into die notice of award either by direct citation or by reference to the following: Federal regulations; program legislation or regulation; and special award terms and conditions. The terms and conditions of Service awards flow down to subrecipicnts and contractors, unless a particular award term or condition specifically indicates otherwise. The Federal regulations applicable to Service recipients and their subrecipients and contractors are listed by recipient type in the Service Financial Assistance Award Terms and Conditions posted on the Internet at Into: www.fws eov eriuwg . If you do not have access to the Internet and require a full text copy of the award terms and conditions, contact the Service Project Officer. FYb CCiJ FIBAC01034 D&25r01a Page 4019 If Recipient decides to not accept this award, Recipient must notify the Service Project Officer in writing within 30 calendar days of that decision, Prohibition on Issuing Financial Assistance Awards to Entities that Require Certain Internal Confidentiality Agreements Section 743 of Division E, Title VII of the Consolidated and Further Continuing Resolution Appropriations Act of 2015 (Pub. L, 113-235) prohibits the use of funds appropriated or otherwise made available under that or any other Act for grunts or cooperative agreements to an entity that requires employees or contractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of federal department or agency authorized to receive such information. Recipients must not require their employers or contractors seeking to report fraud, waste, or abuse to sign internal confidentiality, agreements or statements prohibiting or otherwise restricting such employees or contractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative ora federal department or agency authorized to receive such information. Recipients must notify their employees or contractors that existing internal confidentiality agreements covered by this condition are no longer in effect. Special Conditions and Provisions: Inadvertent Archeological or Flistorical Discoveries In die event any archaeological or historic materials are encountered during project activity, work in the immediate arm must stop and the following actions taken: I. Implement reasonable measures to protect the discovery site, including any appropriate stabilization or covering; 2. Take reasonable steps to ensure the confidentiality of the discovery sites; and 3. Take reasonable steps to restrict access to the site of discovery. The recipient will notify the concerned Tribes and all appropriate county, state and federal agencies, including the State Historic Preservation Office. Agencies and the Tribe(s) will discuss the possible measures to remove or avoid cultural material, and will reach an agreement with the recipient regarding actions to betaken and disposition ofmateriol. if Human remains are uncovered, appropriate law enforcement agencies shall be notified first, and die above steps followed. If the remains are determined to be Native, consultation with the affected Tribe(s) will take place in order to mitigate the final disposition of said remains. Liability and Insurance The recipient or its sub -recipients will use equipment, vehicles, Hazardous materials, or otherwise engage in high-risk activities during performance of the award that have the potential for claims to be brought by third parties for death, bodily injury, property damage, or other loss. Habitat Retention Period The habitat retention period is defined as the period during which the landowner must allow the habitat restored under this award to remain in place without interference. The habitat retention period is at least 10 years from NOAL project period start date, consistent with the terms of attached Partners for Fish and Wildlife Landowner Agreement. FNS DCN F15AC01034 c±.1512018 Page 5 of 9 Landowner Agreements By accepting the terms of this Notice of Award Letter, Recipient agrees to coordinate with the Service project officer to obtain signed Partners for Fish and Wildlife Program Landowner Agreement(s) for sub -award recipients prior to initiating eligible habitat restoration work with a landowner(s). Signed landowner agreements become part of the official project file. Payments: Your organization has completed enrollment in U.S. Treasury's Automated Standard Application for Payment (ASAP) system. When requesting payment in ASAP, your Payment Requestor will be required to enter an Account ID. The number assigned to this award is the partial Account ID in ASAP. When entering the Account ID in ASAP, the Payment Requestor should enter the award number identified in the subject line on letter followed by a percent sign (°G). Refer to the ASAP.gov Help menu for detailed instructions on requesting payments in ASAP Reaortine Requirements: Financial and Performance Reporting Requirements: Annual interim financial and performance reports and final financial and performance repons arc required under this award. The report periods and due dates under this award are: Report: Report Period: Report Due Date: Interim financial report August 15, 2016 - September 30, 2017 December 29, 2017 Interim performance report August 15, 2016 -September 30, 2017 December 29, 2017 Interim financial report August 15, 2016 - September 30, 2018 December 29, 2018 Interim performance report October 1, 2017 - September 30, 2018 December 29, 2018 Interim financial report August 15, 2016 - September 30, 2019 December 29, 2019 Interim performance report October 1, 2018 -September 30, 2019 December 29, 2019 Interim financial report August 15, 2016 -September 30, 2020 Dec ember29, 2020 Interim performance report October 1, 2019 -September 30, 2020 December 29, 2020 Final Financial Report August 15, 2016 - August 14, 2021 November 12, 2021 Final Performance Report October 1, 2020 -August 14, 2021 November l2, 2021 Recipients must use the Standard Form (SF) 425, Federal Financial Reporr Comm for all financial reporting. This form is available at hitp:H%ww.whitchouse.gov ornh grants-formsk Performance reports must contain: 1) a comparison of actual accomplishments with the goals and objectives of the award as detailed in the approved scope or work; 2) a description of reasons why AVE DCN F16ACaiLL ear'SZate Page 6 al 9 established goals were not met, if appropriate; and 3) any other pertinent inforntation relevant to the project results. Please include the Service award number provided in the subject line of this letter on all reports. Financial and performance reporting due dates may be extended by the Service upon receipt of a written request addressed to the Service Project Officer identifying the type of report to be extended, the requested revised due date, and o justification for the extension. The Service Project Officer may approve an additional extension if justified by a catastrophe that significantly impairs the recipient's operations. Requests for reporting due date extensions must be received by the Service Project Officer no later than one day before the original reporting due dote. All Financial and Performanee Reports must be sent to fiv7 to ccs «fws.gnv for review and acceptance. DO NOT send the reports to the Service Project Officer; the reports will be distributed to the appropriate individuals once received Significant Developments Reports: Events may occur between the scheduled performance reporting dates that have significant impact upon the supported activity. In such cases, notify the Service Project Officer in writing as soon as the following types of conditions become known: • Problems, delays, or adverse conditions that will materially impair the ability to meet the objective of the Federal award. This disclosure must include a statement of any corrective oction(s) taken or contemplated, and any assistance needed to resolve the situation. • Favorable developments that enable meeting time schedules and objectives sooner or at less cost than anticipated or producing more or different beneficial results than originally planned. QUI Significant Development Reports must be sent to the Service Project Officer Other Reports or Deliverables: Provide design documents for review including design drawings, hydrology, and hydraulic calculations during the design process. Provide construction documents including drawings, specifications, cost estimates, design reports, and bid sheets for culvert replacement projects. Provide as -built drawings for culvert replacements in Aulocod Civil 3D and Adobe pdf format. Deliverable Submission InstructionsfDetailsDeliverable E-mail to franklindekker;gf%vs.gov or provide Due Date Design Documents During design to Service Protect Officer on CO or DVD Construction Documents E-mail to franklin dekkenaiCws.gov orprovide Prior to start of to Service Project Officer on CD or DVD construction As -Built Drawings E-mail to franklnn dekker@fws.gov or provide 90 days after to Service Proiect Officer on CD or DVD construction completion All other deliverables must be sent to the Service Project Officer AVS MN: FWAC01034 062312018 Page 7 of 9 Conflict of Interest Disclosures: The recipient must establish safeguards to prohibit its employees and subrecipients from using their positions for purposes that constitute or present the appearance of a personal or organizational conflict of interest. The recipient is responsible for notifying the Grunts Officer in writing of any actual or potential conflicts of interest that may arise during the life of this award. Conflicts of interest include any relationship or matter which might place the recipient or its employees in a position of conflict, real or apparent, between their responsibilities under die agreement and any other outside interests. Conflicts of interest may also include, but are not limited to, direct or indirect financial interests, close personal relationships, positions of trust in outside organizations, consideration of future employment arrangements with a different organization, or decision-making affecting the award that would cause a reasonable person with knowledge of the relevant facts to question the impartiality of the recipient and/or recipient's employees and subrecipients in the matter. The Grants Officer and the servicing Ethics Counselor will determine if a conflict of interest exists. If a conflict of interest exists, the Grants Officer will determine whether a mitigation plan is feasible. Mitigation plans must be approved by the Grants Officer in writing. Failure to resolve conflicts of interest in a manner that satisfies the government may be cause for termination of the award. Failure to make required disclosures may result in any of the remedies described in 2 CFR 200.338; including suspension or debarment (see also 2 CFR part I80). Potentially affecting this award. Non -Federal entities that have received a Federal award including the term and condition outlined in 2 CFR 200, Appendix XII—Award Term and Condition for Recipient Integrity and Performance blotters are required to report certain civil, criminal, or administrative proceedings to SAM. Failure to make required disclosures can result in any of the remedies described in 2 CFR 200.338, Remedies far noncompliance, including suspension or debarment (See 2 CFR 200.113, 2 CFR Part 180, 31 U.S.C. 3321, and 41 U.S.C. 2313). Project Plan and Budget Amendments: Recipients are required to report deviations from budget or project scope or objective, and request prior approvals (see 2 CFR 200.407 Prior written approvals) for budget and program plan revisions in accordance with 2 CFR 200.303 Revision of budget and program plans, unless otherwise specifically waived in this award. Project Period Extensions: If additional time is needed to complete the approved project, you must send written notice, Significant Development Report, to the Service Project Officer. This notice must be received by the Service Project Officer at least 10 days before the authorized project/budget period end date, and must include supporting reasons and the revised project end date. Extensions for time cannot be authorized for the purpose of spending an unused balance of funds that remains after the approved project activities have been completed. MS WN FIBAC01034 own,2DI6 PBaa 6 e19 rwluuuw uUn cr, nyarologlsr Blythe Brown, Project Coordinator U.S. Fish and Wildlife Service Kodiak Soil and Water Conservation District 51 S Anchorage Field OtTce Marine Way, Suite 206 4700 BLM Rd Kodiak, Alaska 99615 Anchorage, AK 99507 (907) 486-5574 907-271-3764 blythe_brown@kodiaksoilandwater.org Please contact Franklin Dekker with any questions. Please include the assigned USFWS award number F16AC01034 in all written communications. Sincerely, KATHERINE SMILEY Digitally signed by KATHERINE SMILEY Date: 2016.08.25 09:16:39 -08'00' Katherine K Smiley Agreement Officer/Contract Specialist Division of Contracting and General Services U.S. Fish and Wildlife Smice/Region 7 ntherincmilt r rws. Dov 907-786-3412 FWSOW F1aA001.634 6"125,72616 P ;p0e19 PPN Finalized: 8/11/1016 I. Project Title: Kodiak Fish Passage Improvements 3021 Project Applicant Contact: (name, address, email, phone, fax, DUNS #) Blythe Brown Project Coordinator Kodiak Soil and Water Conservation District (KSWCD) 518 W. Marine Way, Suite 206 Kodiak, Alaska 99615 Tel: (907) 486-5574 Email: ¢Iythc.brownekodiaksoilandwater or DUNS: 130455475 it. Project Description a. PurposclOoals Kodiak Soil and Water Conservation District (KSWCD) encompasses over 3 million oars on Kodiak Island and Southwest Alaska where human development is scattered in numerous coastal communities. In Kodiak, AK and its surrounding communities a network of 0sh-bearing streams and roads intersect. Table 1 contains the "Top 31" culverts that pose issues Cor salmon passage in the Kodiak, AK arca that will be addressed in the future years under this agreement. KSWCD plans to inspect, design, pemuil and construct at least one 0sh-friendly replacement to a fish harrier identified within the "Top 31" culvert list. Should future modi0eatinns of this agreement take place, Table 1 may be revised with the mutual consent of KSWCD and the Service to account for new survey or cost data. The top culvert identified for replacement is located upstream of Lake Orbin and its replacement will build upon past wark by KSWCD, the Service and Kodiak Island Borough (KIB) to restore salmon runs in the Russian River watershed. the beneficiaries of this project will be anacimmous fish species within KSWCD. The coho, chum and sockeye salmon that historically spawned and reared in the listed systems contributed to the commercial, sport and subsistence fisheries in the lora! Kodiak area. These fisheries are an important facet of the local economy. Maybe more importantly, these fish arc important food and fertilizer increasing productivity and biedivershy on Kodiak Island. This project represents a mull -year commitment to improving salmon habitat with the aim of healthier, more sustainable populations of pacific salmon on Kodiak Island. Table 1. List of Culverts ADFG U/S Est' Owner - NO' Number Miles Wolershed Dsgn. ship Solution Stream Name Road Name Cost 3 207DOB52 Unnamed Middle Bay Drive 0.25 Russian $70,000 KID Replace Panamaroff Creek 2 20700855 NULL Road 0.16 Panamaroff $40,ODO Kill Re lace Salonie Crk Rifle 3 20703099 Unnamed Range Rd 0 Salonie 540,000 KID Replace Salonie Crk Rifle 4 20703100 Unnamed Range Rd 0.13 Salanle 530,000 KID Replace Salonle Crk Rifle 5 20703101 Unnamed Range Rd 0.13 Salonie $70,000 KID Replace Salonle Crk Rifle 6 20703102 Unnamed Range Rd 0.1 Salonie S4D,OOD KID Replace Satonle Crk Rifle 7 20703103 Unnamed Range Rd 0.16 Salonie $40,000 KID Replace Salonie Crk Rifle 8 20703104 Unnamed Range Rd 0.17 Salonie $40,000 Kill Replace 9 20703109 Unnamed Salonle Military Rd 0.1 Salonle $0 KID Remove Unnamed Trib to Natives Boy Scout of 10 20703471 (Genivieve) Lake Abandoned 0.28 Buskin $D Kodiak Remove 11 10103248 BatteryCreektrib USGSBatte Rd 0.6 Buskin 540,000 USCG Replace 12 10103253 Unnamed Gunnery Drive 0.22 Buskin $40,000 USCG Replace 13 10103256 Unnamed Magazine Access Rd 0.32 Buskin 540,000 USCG Replace 14 1 10103259 1 Unnamed Magazine Access Rd 0 Buskin 540,000 USCG Replace 15 10103260 Unnamed Burma Road 0.14 Buskin $40,000 USCG Ford 16 10103261 Unnamed Access Road 0.19 Buskin $40,000 USCG Ford USCG Base Access 17 20700786 Unnamed Road 1.07 Buskin 570,000 USCG Re lace 10 20700877 Unnamed Tom Stiles Road 0.56 Buskin $70,000 USCG Replace Unnamed Tributary to 19 20703436 Buskin Lake Old Military Rd 0.28 1 Buskin $D 1 USCG I Remove Remove/Fo 20 20703437 Unnamed Old Military Rd 0.25 Buskin $2,000 USCG rd Remove/Fo 21 2070343B Unnamed Old Military Rd 0.19 Buskin $30,000 USCG rd Natives Boy Scout Lk of 22 20703440 Outlet Old Military Rd 0.81 Buskin $7D,000 Kodiak Re lace 23 20703470 Genivleve Creek Abandoned 0.98 Buskin $40,000 USCG Remove 24 207D0810 259-24-1005217) Chiniak High ay 0.81 Kalsin Bay 5100,000 AOOT Replace 25 20700813 259-24-10048 Chiniak Highway L06 Kalsin Bay 5100,000 ADOT Replace Black Canyon Black 26 20700817 Creek Chiniak Highway 1.06 Canyon $100,000 ADOT Replace 27 20700846 Virginia Creek Monashka Bay Rd 3.14 Virginia $100,000 ADOT Replace Shooting Range 28 10103255 Unnamed Access Road 0.3 Buskin 540,000 USCG Replace 29 10103254 I Unnamed Gunnery Drive 0.1 Buskin $40,000 USCG I Replace 30 20700785 Unnamed Anton Larsen Ba 0.19 Buskin $100,000 USCG/D OT Replace 31 20703439 Unnamed Old Military Road 0.1 Buskin $40,000 USCG Remove/Fo rd b. Tasks Design and bid the culvert replacements as mutually identified and agreed upon with KSWCD, FINS, and other stakeholders. For design and survey KSWCD will work with the Service to create scopes of work and arrange contracting independently or through partnership with the Kodiak Island Borough (KIB) as in past replacements. All projects selected will be reviewed by the Service during the draft and final design phases. The designs will employ stream simulation principles and maximize fish passage while maintaining public safety, hydrologic continuity and revcgetation of disturbed area. It is intended that these designs include at least the bankfull width of the channel and stability for up to the 100 -year flood event. All investigations, right -of --way, permits and surveys are included in this task. KSWCD and the Service will collaboratively seek agreements with culvert owners to maintain completed projects for at least 10 years without interference, meaning that the project will stay in- place and maintained to be free of debris without knowingly removing or damaging habitat improvements. Example agreement shown in Attachment A. Construct the projects in future Option Periods, as funding is made available. Per this agreement scope, KSWCD intends to begin construction of culvert replacement in 2017 assuming funding is available and KIB is ready. To accommodate unexpected delays, the original agreement will end August 14, 2021. Future modifications of this agreement may complete at least one project a year which will open the listed miles of the selected projects and is subject to the availability of funds over the next 4 years. Provide project management support during project prioritization, survey, design and construction. Coordinate third party agreements with KIB when necessary. Schedulelnroiect duration The project schedule is as follows for original agreement: • August 15, 2016 -August 14,2017. One culvert design completed minimum. Subiect to availability of funds, the following schedule will be followed: • August 15, 2011 -August 14, 2018. Next culvert completed minimum. • August 15, 2018 -August 14, 2019. Next culvert completed minimum. • August 15, 2019 -August 14, 2020. Next culvert completed minimum. • August 15, 2020 -August 14, 2021. Next culvert completed minimum. Final Report. c. Outcomes for original eareement 1. 0.25 miles upstream habitat opened 2. At least 1 of the 29 barriers removed. d. Proiect deliverables Deliverables will be per crossing: Provide design documents for review including design drawings, hydrology, and hydraulic calculations during the design process. Provide construction documents including drawings, specifications, cost estimates, design reports, and bid sheets for culvert replacement projects. Provide as -built drawings for culvert replacements in Autocad Civil 3D and Adobe pdf format. Deliverable Submission Instructions/Details Deliverable Due Dale Design Documents E-mail to During design • 65% final design set, permits, fmnklin_dekker@fws.gov or Land. Structures ROW, appraisals. etc. (utilities) cost estimates, technical specs provide to Service Project Officer • Bid document on CD or DVD Construction Documents E-mail to Prior to start of • 100% final design set, permits, franklin_dekker@fws.gov or construction cost estimates, technical specs provide to Service Project Officer Project inspection fees on CD or DVD As -Built Drawings E-mail to 90 days alter franklin—dekker@fws.gov or construction completion provide to Service Project Officer Construction on CD or DVD 2016 BUDGET (Based on an assumed estimate for design and construction of the first culvert.) Cast Classification FWS Agreement KSWCD Match (Other Sources Total Costs Administrative Land. Structures ROW, appraisals. etc. (utilities) Relocation expenses and payments Architectural and engineering fees S166.500 $166,5000 Other architectural and engineering fees Project inspection fees Site work Demolition and removal Construction Equipment Miscellaneous** S18,500 IS2.200 $20,700 SUBTOTAL 5185.000 52,200 $187200 Contingencies SUBTOTAL $185,000 52.200 5187200 Project Income TOTAL PROJECT COSTS 5185,000 $2.200 — 1 S187.205 *Costs may change based on actual design completion. This budget is only an estimate of costs until an RFP for design is issued and a contract negotiated with a design consultant. Unused design funds can be used for construction. "Anticipated miscellaneous costs included project coordination, biological surveying, culvert maintenance and monitoring. Subsequent option years are requested to be funded up to $350,000 a year to achieve the desired metrics, depending on funding availability. Attachment A -- Blank Landowner Agreement Landowner Agreement No: Cost Other: [Use for Sub•uward Recipients -Le., landowners who will NO1 receive a Notice of Award letter front the Partners Program. Landowners signing this document will work witlt a government or organizmion that directly received a Notice of Award letter from USFWS.] PARTNERS FOR FISH AND WILDLIFE PROGRAM LANDOWNER AGREEMENT Optional: Sub -Recipient Agreement to the Cooperative Agreement behreen the U.S. Fish and Wildlife Service and [Government/Organization receiving a Notice of Award Letter] This Landowner Agreement (Agreement), dated [Month / Day 1 Year], between (Landowner(s)], and (Government/Organization receiving a Notice of Award Letter From the Partners Program], [Coopemtor(s)], and the U.S. Fish and Wildlife Service (USFWS) is entered into pursuant to authority contained in the Partners for Fish and Wildlife Act (P.L. 109.294), the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.) and the Fish and Wildlife Act of 1956 (16 U.S.C. 742a j), as amended. This project was selected for funding because the Landowner(s) share(s) a common objective with the USFWS to restore habitat for the benefit of Fcdcral trust species on private lands, and the project supports priority actions identified in the Regional Partners for Fish and Wildlife (Partners) Program Strategic Plan. [Name, Complete Address], hereby agrees to participate with the USFWS in conducting certain wildlife management practices on lands owned or managed in [County, Borough, or Municipality Name], State of [State Name], described as follows: all of, or within, (Township / Range / Section and/or Latitude / Longitude and/or UTM). In signing this Agreement, the Landowner(s) join(s) as a participant(s) in a wildlife habitat improvement program and grant(s) to the Cooperators) and the USFWS authority to complete the habitat improvement project or the Landowners) may personally carry out management activities with financial or material support as described in attached Exhibit A. Any donation of supplies, equipment, or direct payment from the Cooperator(s) to the Landowner(s) for carrying out the habitat improvements is included in Exhibit A. The activities conducted pursuant to this Agreement are not to replace, supplement or otherwise contribute to any mitigation or compensation that may be required of the Landowner(s) or Cooperator(s), or other parties, as it result of any mandated requirements. The term of this Agreement (also referred to as the habitat retention period) will [Select One: be completed on [Month / Day / Year]. This Agreement may be modified at any time by mutual written consent of the parties. It may be terminated by either party upon 30 days advance written notice to the other party(ies). However, if the Landowncr(s) Icrminate(s) the Agreement berore its expiration, or if the Landowner(s) should materially default on these commitments, then the Landowner(s) agrees) to reimburse the Cooperator prior to final termination for the prorated costs of all habitat improvements placed an the land through this Agreement, and the Cooperator will work with the USF%VS to determine how those funds will be used. OR run concurrent with the existing USFWS easement on the property and be subject to the terms and conditions of the easement regarding modificationhermination.] For these purposes, the total cost or the habitat improvements to the United States is agreed to be 5 [XXX.M. (This total should tnmeh the amount in the budget table in Exhibit A). Landowner: The Landowner(s) or his/her land manager, with legal authority over land management decisions, guaramcc(s) ownership of the above-described land and warrants that there are no outstanding rights that interfere with this Landowner Agreement. The Lnndowner(s) will notify the USFWS and other Cooperator(s) of planned or pending changes in ownership. A change of ownership shall not change the terms of this Agreement. The Agreement and terns shall be in effect on the described land for the term or the Agreement. The Landowner(s) agrec(s) to allow access (with advance notice) to the USFWS and the other cooperating partners) to implement the project described in Exhibit A, and to monitor project success. The Landowner(s) retain(s) all rights to control trespass and retains all responsibility for taxes, assessments, and damage claims. During the habitat retention period, the landowner(s) [Select one: must maintain the habitat restored under this award OR must allow the habitat restored under this award to remain in place without interference]. [Optional: expand on the meaning of"maintain the habitat restored." OR expand on the meaning of "remain in place without interference."] At the end of the habitat retention period, the habitat improvement project will become the sole property and complete responsibility of the Landowner(s). There shall be no obligation to the USFWS after the term of the Agreement has expired. The Landowner(s) will be responsible for securing any necessary permits. [Optional: Technical advice and support will be provided by participating agencies in the application for the permit(s)]. The Landowners) and Coopemtor(s) agrees) to identify the USFWS' contribution to the project during public presentations, reports, or other information published about the project, as appropriate. Optional: The Landowner(s) will be free to remove any structure at his/her own expense at the termination of the Agreement, however, the Agreement does not supersede any Local, Stale, or Federal regulation that would apply to the removal of any such structure(s)]. [Optional: The Landowner(s) will not be responsible for replacing wildlife habitat developments that are damaged or destroyed by severe acts of nature]. [Optional: if an USFWS casement is granted, the casement will supersede the provisions and terns of this Agreement]. USFWS: The USFWS will work with the Landowner(s) and Cooperator(s) signing this Agreement, throughout the entire Agreement term to support actions needed to ensure dial The project is designed and constructed per the Agreement and functions as intended. The USFWS, its agents, or assignees will provide advanced notice prior to accessing the Landowner(s) property to implement the project described in the work plan, and to monitor project success. The USFWS assumes no liability for damage or injury other than that caused by its own negligence, on the above acreage. The USFWS docs not assume jurisdiction over the premises by this Agreement. Spatial Information Sharing: In accordance with the Privacy Act of 1974, permission must be obtained from the Landowner(s) before any personal information can be released. The only information that can be shared is payment information that is authorized by law. Therefore, Landowner(s) consent is requested to allow for sharing of spatial information about this project solely with conservation cooperators providing technical or financial assistance with the restoration, enhancement or management of fish and wildlife habitat. ❑Me. the Landowner(s), consent to having spatial information about this project shared with other conservation cooperators ❑Me, the Landowner(s), do NOT wish to have any spatial information about this project shared with other conservation cooperators Slenatures: Name, Landowner(s) (Insert more signuture lines if needed) Date Name, Cooperator(s) (insert more signature lines if needed) Dale Name, USFWS Partners Program Biologist Date Name, USFWS Partners Program Stale Coordinator or Field Supervisor or Branch Chief Date EXHIBIT A The habitat improvements described below are agreed to by [Landowner(s)], the USFW S, [and Other Non -Governmental Organizations / Agency Partners (List All Titose providing Financial and/or Technical Assistance)] in a Landowner Agreement dated [Month / Day / Year]. (This date must march the beginning dale of tite Landowner Aereement.) Description or Habitat Improvement Prolect and Objectives: (Aunch maps and drawings, as applicable) Describe, in detail, what is to be done in terns or habitat restoration, enimncement or creation of habitat ori -the -mound. Specifically identify benefits to Federal must resources. USF\VS will: Describe in detail what the partners program Geld biologist is going to du (i.e., the substantial involvement of the USFWS). The LandownerW will: Describe what Ihcy will provide in tcnus of financial or technical assistance lu the project. t , K ■ Describe what financial or technical assistance contributions will be provided by the other cooperating partners. Put N/A if there are none. Additional Information as required for the ornlect: Budeet Table: 'The total cost -share by the Cooperator(s), the USFWS, and the Landowner(s) must remain the same, however allocations by category may be redistributed upon prior approval by the USFWS. Any work to be completed may be modified with the mutual agreement of the aforementioned parties. Meet Narrative.- Describe arrative: Describe as needed any line items from the budget table above Partners Object Class Landowner USFWS Partners Prograff USFWS Other Programs Other Non-USFWS Totals Personnel S S S S S $ S $ S S S S S S S S S S $ S E S S $ S S S S S $ SS S $ $ SS S S S S Totals S S S I S $ 'The total cost -share by the Cooperator(s), the USFWS, and the Landowner(s) must remain the same, however allocations by category may be redistributed upon prior approval by the USFWS. Any work to be completed may be modified with the mutual agreement of the aforementioned parties. Meet Narrative.- Describe arrative: Describe as needed any line items from the budget table above M REPLY REFER TO: AFWFO L.kNiu�T �' run � •�wunx United States Department of the Interior U.S. FISH AND WILDLIFE SERVICE 1011 East Tudor Road Anchorage, Alaska 99503-6199 Blythe Brown Project Coordinator Kodiak Soil and Water Conservation District (KSWCD) 518 Marine Way, Suite 206 Kodiak, Alaska 99615 DUNS: 130455475 Subject: Notice of Revision 402 to Financial Assistance Award F16AC01034 Dear Ms. Brown, Your organization's request for award revision to U.S. Fish and Wildlife Service (USFWS) Award F16AC01034 titled "Kodiak Fish Passage Improvements 2021"under CFDA #15.608; Fish Passage Program is approved effective August 15, 2017. This award is revised as follows: • This supplemental revision adds Budget Period 2 Funding to the existing award. Total funding addition is 595,000. • Under this revision the Kodiak Soil and Water Conservation District (TTCD) will: o Task 1. Partner with Kodiak Island Borough to construct I fish passage project in 2018, provided enough funds are available and Kodiak Island Borough is ready. o Task 2. Provide project management, biological surveying, maintenance and monitoring support on the sites identified in the Statement of Work. Dales in the PPN and Performance Goal[fasks tables are updated to reflect completed work and a delay in this culvert construction from 2017 to 2018. The performance and budget period of this award remains as August 15, 2016 through August t4, 2021. This is the period of Federal sponsorship. The funding for Budget Period 2 begins on August 15, 2017 through August 14, 2021. The total amount of Service funding available for this Budget Period 2 segment of the project is 595,000. Only allowable costs resultine from oblieations incurred durine this funding oeriod and may be charged to this award. FWS DCN. F16AC01034 REV 02 0803 017 Page 1 of 11 This project will be funded incrementally via a Notice of Award Change Letter (NOACL) for the anticipated future project periods and funding amounts listed in the funding table. Prior to the end of the successful performance period of the current year the Recipient must request funding for the next project period via a Significant Development Report (SDR). All required Performance and Financial Reports must be submitted and accepted. The Service's obligation to provide incremental funding up to the total anticipated award amount is contingent on: l) satisfactory Recipient performance and 2) the availability of funds. No legal liability on the part of the Service exists unless and until the Service obligates funds and notifies the Recipient in writing that funds are available for the purposes of this award. The Service will revise this award over time to add new funding for each subsequent project segment. Each project segment will be assigned a specific funding period, during which only allowable costs resulting from obligntions incurred during the specified funding period may be charged to this award. All obligations incurred during a funding period must be liquidated no later than 90 calendar days of the funding period end date, unless written authority to cant' over unobligated funding is provided .You must submit a written request to the Service Project Officer before the end of the stated period if you need more time to liquidate all obligations. The Carryover of unobligated funding into the subsequent funding period is permitted, subject to the Federal Appropriation Laws, with the written approval of the USFWS Project Officer. Each year of funding has a specified period of availability. In the case of a balance of unused funding at the end of any specified funding period, except the final period of funding, the recipient may request for the carryover of unobligated funds into the subsequent funding period by submitting a significant development report (SDR) identifying the amount of unused funding and continued need to the USFWS project officer for approval. Protect Performance Measurement: The Recipient will be monitored for required Reporting; i.e. Performance Reporting, Financial Reporting and all other Mandatory Reporting as identified in the Notice of Award Letter. The following scheduled tasks have been revised and/or updated to reflect completed or new task. All other project tasks; activities, objectives, and deliverables, set forth in the original award and any previous revisions (modificationslamendments) are also applicable to, and are hereby incorporated by reference into this revision. Performance Goals/Tasks project activities, objectives, and deliverables Anticipated Completion Dale Select consultants, conduct fieldwork and surveys COMPLETED Draft designs, specifications and cost estimate completed COMPLETED Final designs, specifications, cost estimate completed, permits obtained COMPLETED Projects in -stream construction complete DELAYED TILL 2018 Projects construction completed DELAYED TILL 20I8 Culverts that did not get done in 2017- Dmfldesigns, specifications and cost estimate completed REMOVED Final designs, specifications, cost estimate completed, permits obtained REMOVED Projects in -stream construction complete July 15, 2018 FWS DCN F16AC01034 REV 02 0&!0412017 page 2 of 11 Projects construction completed October 1, 2018 Culverts that did not get done in 2018 - Revision 402 (Budget Period 2: August 15, 2017 —August 14, 2021): Draft designs, specifications and cost estimate completed November 30, 2018 Final designs, specifications, cost estimate completed, permits obtained March 31, 2019 Projects in -stream construction complete July 15, 2019 Projects construction completed October I, 2019 Culverts that did not get done in 2019 - $280,000.00 Draft designs, specifications and cost estimate completed November 30, 2019 Final designs, specifications, cost estimate completed, permits obtained March 31, 2020 Projects in -stream construction complete July 15, 2020 Projects construction completed October 1, 2020 Culverts that did not get done in 2020 - 5350,000.00 Draft designs, specifications and cost estimate completed November 30, 2020 Final designs, specifications, cost estimate completed, permits obtained March 31, 2021 Projects in -stream construction complete July 15, 2021 Projects construction completed August 14, 2021 The Recipient's project officer must immediately communicate (via telephone, fax or email) any significant changes to (a) project objectives, (b) the above schedule, (c) approved budget, or (d) project personnel, and then document these changes (along with an explanation of why they occurred and suggestions on how to deal with them) in a Significant Development Report (SDR). Please see die Significant Development section of this award letter for details. This award is funded es follows: Description or Action USFWS Recipient Revision 402 (Budget Period 2: August 15, 2017 —August 14, 2021): 595,000.00 52,000.00 Revision NO i, Administrative Revision addressing Whistleblower Public Law $0.00 50.00 Award Budget Period 1: August 15, 2017 - Au st 14, 2021 S 185,000.00 52,200.00 Award Total: $280,000.00 $4,200.00 Unfunded Budget Periods: Subject to availability of funds and future government appropriations Budget Period 3: August 15, 2018 — August 14, 2021 5350,000.00 5350,000.00 Budget Period 4: August 15, 2019 — August 14, 2021 5350,010.00 5350,000.00 Budget Period 5: August 15,2020—August 14, 2021 5350,000.00 5350,000.00 Anticipated Award Total $1,330,000.00 1 $1,054,200.00 Terms of Acceptance: All terms oracceptance to the original award and any previous revisions (modifications/amendments) are also applicable to, and are Hereby incorporated by reference into, this revision. The Federal regulations applicable to Service recipients and their subrecipients and contractors are listed by recipient type in the Service Financial Assistance Award Terms and Conditions posted on the Internet at httn://lewiv. fivs.gov/eranls:. FWS DCN F16AC01034 REV 02 091042017 Page 3 of 11 NOTE: If your organization has conducted any lobbying this oast year you must Provide an SF -LLL no response is rcouired if no lobbying activities have been conducted. Special Conditions and Provisions: All special conditions and provisions applicable to the original award and any previous revisions (modifications/amendments) are also applicable to, and are hereby incorporated by reference into, this revision. Reportine Requirements: Financial and Performance Reporting Requirements: All reporting requirements as detailed in the original notice of award and any previous revisions (modifrcations/amendments) are also applicable to and are hereby incorporated by reference into this revision. See the following Annual reporting schedule: Report: Report Period: Due Date: Interim financial report August 15, 2016 --September 30, 2017 -Report December 29, 2017 Interim performance report August 15, 2016 —September 30, 2017 December 29, 2017 Interim financial report August 15, 2016 - September 30, 2018 December 29, 2018 Interim performance report October[, 2017 -September 30, 2018 December 29, 2018 Interim financial report August 15, 2016 -.September 30, 2019 December 29, 2019 Interim performance report October 1, 2018 - September 30, 2019 December 29, 2019 Interim Financial report August 15, 2016—September 30, 2020 December 29, 2020 Interim performance report October 1, 2019 - September 30, 2020 December 29, 2020 Final Financial Report August 15, 2016 —August 14, 2021 November 12, 2021 Final Performance Report October I, 2020 — August 14, 2021 November l2, 2021 Recipients must use die Standard Form (SF) 425, Federal Financial Report form for all financial reporting. This form is available at http://www.whiteliou5c.gov/omb/grants—fomis/. Performance reports must contain: 1) a comparison of actual accomplishments with the goals and objectives of the award as detailed in the approved scope of work; 2) a description of reasons why established goals were not met, if appropriate; and 3) any other pertinent information relevant to the project results. Please include the Service award number provided in the subject line of this letter on all reports. Financial and performance reporting due dates may be extended by the Service upon receipt of a written request addressed to the Service Project Officer identifying the type of report to be extended, the requested revised due dale, and a justification for the extension. The Service Project Officer may FWS DCN: F16AC01034 REV 02 0070412017 Page 4 a111 approve an additional extension if justified by a catastrophe that significantly impairs the recipient's operations. Requests for reporting due date extensions must be received by the Service Project Officer no later than one day before the original reporting due dale. All Financial and Performance Reports must be sent to fi0 fa cesa fws.eov for review and acceptance. DO NOT send the reports to the Service Project Officer, the reports will be distributed to the appropriate individuals once received. Significant Developments Reports (SDR): Events may occur between the scheduled performance reporting dates that have significant impact upon the supported activity. In such cases, notify the Service Project Officer in writing as soon as the following types of conditions become known: • Problems, delays, or adverse conditions that will materially impair the ability to meet the objective of the Federal award. This disclosure must include a statement of any corrective action(s) taken or contemplated, and any assistance needed to resolve the situation. • Favorable developments that enable meeting time schedules and objectives sooner or at less cost than anticipated or producing more or different beneficial results than originally planned. All SDRs must be sent to the Service Project Officer Other Reports or Deliverables: Provide design documents for review including design drawings, hydrology, and hydraulic calculations during the design process. Provide construction documents including drawings, specifications, cost estimates, design reports, and bid sheets for culvert replacement projects. Provide as -built drawings for culvert replacements in Autocad Civil 3D and Adobe pdf format. Deliverable Submission Deliverable Due Dote Delivered and Instructions/Details Accepted Date Design Documents E-mail to During design franklin—dekker@fws.gov or provide to Service Project Officer on CD or DVD Construction E-mail to Prior to start of Documents franklin dekkerLfws.gov or construction provide to Service Project Officer on CD or DVD As -Built Drawings E-mail to 90 days after franklin_dekkergRvs.gov or construction provide completion to Service Project Officer on CD or DVD All other deliverables must be sent to the Service Project Officer FWS DCN, F16AC01034 REV 02 0810V2017 Page 5 W 11 Prosect Contacts: The USFWS Prosect Officer for this award Is: The Recipient Project Officer for this award is: Franklin Dekker, Hydrologist Blythe Brown, Project Coordinator U.S. Fish and Wildlife Service Kodiak Soil and Water Conservation District Anchorage Field Office 518 Marine Way, Suite 206 4700 BLM Rd Kodiak, Alaska 99615 Anchorage, AK 99507 (907) 486-5574 907-271-3764 blythe—brown@kodiaksailandwater.org Franklin dekker fws. ov The USFWS Grants.Officer for this award Is: The Recipient Administration for this award Is: Katherine K Smiley Same as Recipient Project Officer Agreement Officer/Contract Specialist Division of Contracting and General Services U.S. Fish and Wildlife Service/Region 7 Katherine snlilevulfilS.euc 907-786-3412 Please contact Franklin Dekker with any questions. Please include the assigned USFWS award number F16AC01034 in all written communications. Sincerely, KATHERINE SMILEY Digitally signed by KATHERINE SMILEY Date: 2017.08.04 10:16:33 -08,00, Katherine K Smiley, Agreement Officer/Contract Specialist Financial Assistance Office Division of Contracting and General Services Region 7, Alaska U.S. Fish and Wildlife Service FWS DCN F16AC01034 REV 02 06/042017 Page 6 of 11 REVISION 2 PPN Finalized: 5/412017 Project Title: Kodiak Fish Passage Improvements 2021 Project Applicant Contact: (name, address, email, phone, fax, DIENS t{) Blythe Brown Project Coordinator Kodiak Soil and Water Conservation District (KSWCD) 518 W. Marine Way, Suite 206 Kodiak, Alaska 99615 Tel: (907) 486-5574 Email: blvthc.brolvnGrkodiaksoilandwater.ora DUNS: 130455475 Il. Project Description a. Purpose/Goals Kodiak Soil and Water Conservation District (KSWCD) encompasses over 3 million acres on Kodiak Island and Southwest Alaska where human development is scattered in numerous coastal communities. In Kodiak, AK and its surrounding communities a network of fish -bearing streams and roads intersect. Table I contains the "Top 31" culverts that pose issues for salmon passage in the Kodiak, AK area that will be addressed in the Future years under this agreement. KSIVCD plans to inspect, design, permit and construct at lead one fish -friendly replacement to a fish barrier identified within the "Top 31"culvert list. Should future modifications of this agreement take place, Table I may be revised with the mutual consent of KSWCD and the Service to account for new survey or cost data. The lop culvert identified for replacement is located upstream or Lake Orbin and its replacement will build upon past work by KSWCD, the Service and Kodiak Island Borough (KIB) to restore salmon runs in the Russian River watershed. The beneficiaries of this project will be anadmmous fish species within KSWCD. The coho, chum and sockeye salmon that historically spawned and reared in life listed systems contributed to the commercial, sport and subsistence fisheries in the local Kodiak arca Tliese fisheries are an important facet oFthe local economy. Maybe marc importantly, these fish are important Food and fertilizer increasing productivity and biodiversity on Kodiak Island This project represents a multi-year commitment to improving salmon habitat with lite aim of healthier, more sustainable populations of pacific salmon on Kodiak Island. FWS DCN FIBAC01034 REV 02 08/0412017 Page 7 or 11 Table I. List or culverts FWS DCN'. F16AC01034 FEV 02 091642017 Page 8 01 11 ADFG UIS Owner- No. Number MilesCost Watershed sn ship Solution Stream Name Road Name 1 20700852 Unnamed Middle Say Drive 0.25 Russian 570,000 KIS Replace Panamaroff Creek 2 20700855 NULL Road OAS Panamaroff 540,000 KIS Replace Salonle Crk Rine 3 20703D99 Unnamed Range Rd 0 Salonle 540,000 KIS Replace Salonle Crk Rifle 4 120703100 Unnamed Range Rd 1 0.13 Salonie I 530.000 KIS Replace Salonle Crk Rifle 5 20703101 Unnamed Range Rd 0.13 Salonie $70,GDO KIS Replace Salonie Crk Rifle 6 20703162 Unnamed Range Rd 0.1 Salonle $40,000 KIB Replace Salonie Crk Rifle 7 20703103 Unnamed Range Rd 0.16 Salonie S40,000 KIB Replace Salonle Crk Rine S 20703104 Unnamed Range Rd 0.17 Salonie 540,1100 KIS Replace 9 20703109 Unnamed Salonie Military Rd 0.1 1 Salonie 5o KIB Remove Unnamed Trib to Natives Boy Scout of 30 20703471 IGenlvleve Lake Abandoned 0,28 Buskin Kodiak Remove 11 10103246 BatteryCreek Crib USGS BatteryRd 0.6 Buskin b USCG Replace 12 10103253 Unnamed Gunne Drive 0.22 Buskin USCG Re lace 13 10103256 Unnamed Ma azine Access Rd 0.32 Buskin USCG Re lace 14 10103259 Unnamed Ma azine Access Rd 0 Buskin USCG Re lace 15 10103260 Unnamed Burma Road 0.14 Buskin USCG Ford 16 1 101032611 Unnamed Access Road 0.19 Buskin 540000 USCG Ford USCG Base Access 17 20700786 Unnamed Road 1.07 1 Buskin $70,000 USCG Replace 18 2070DS77 Unnamed Tom Stiles Road 0.56 Buskin 570000 USCG Replace Unnamed Tributary to 19 20703435 Buskin Lake Did MilitaryRd 0.28 Buskin $0 U5CG Remove Remove/Fo 20 20703437 Unnamed Old Military Rd 0.25 Buskin 52,000 USCG rd Remove/Fo 21 20703438 Unnamed Old Military Rd 0.19 Buskin 530,000 USCG rd Natives Say Scout Lk of 22 20703440 Outlet Old Military Rd 0.81 Buskin $70,000 Kodiak Replace 23 20703470 Genivieve Creek Abandoned OAS Buskin 540,000 USCG Remove 24 20700810 259-24-10052 7 Chiniak Highway 0.81 Kaisln Say 5100,D00 ADOT Replace 25 20700913 259.24.10048 Chlniak Highway 1.06 Kalsin Ba 5100 D00 ADOT Replace Black Canyon Black 26 120700817 Cree 1.06 Canyon $160,000 ADOT Replace 27 207ODS46 !Virginia Creek MHwRd 3.14 Virginia 51D0.000 ADOT Replace Shooting Range 28 10103255 1 Unnamed Access Road 0.3 Buskin 540,000 USCG Replace FWS DCN'. F16AC01034 FEV 02 091642017 Page 8 01 11 29 10103254 Unnamed Gunnery Drive 0.1 Buskin S40.0D0 USCG Re lace 3D 20700785 Unnamed Anton Larsen Bay 0.19 Buskin S1D0,000 USCG/D OT Replace 31 20703439 Unnamed Old MilitaryRoad 0.1 Buskin 54D,DOD USCG Remove/fo rd b. Tasks Design and bid the culvert replacements as mutually identified and agreed upon with KSWCD, FWS, and other stakeholders. For design and survey KSWCD will work with the Service to create scopes of work and arrange contracting independently or through partnership with the Kodiak Island Borough (KIB) as in past replacements. All projects selected will be reviewed by the Scrvice during the draft and final design phases. The designs will employ stream simulation principles and maximize fish passage while maintaining public safety, hydrologic continuity and revegetation ofdisturbcd arca. It is intended that these designs include at least the bankfuli width of the channel and stability for up to the 100-ycar flood event. All investigations, right -of --way, perils and surveys are included in this task. KSWCD and the Service will collabomtivcly seek agreements with culvert owners to maintain completed projects for at least 10 years without interference, meaning that the project will stay in- place and maintained to be free of debris without knowingly removing or damaging habitat improvements. Example agreement shown in Attachment A. Construct the projects in future Option Periods, as funding is made available. KSWCD intended to begin construction of culvert replacement in 2017, but will instead mise additional grant funds and anticipate construction in 2018, assuming funds arc available and KIB is ready. To accommodate unexpected delays, the original ugrecmcnl will end August t4, 2021. Future modifications of this agreement may complete at least one project a year which will open the listed miles of the selected projects and is subject to the availability of funds over the next 4 years. Provide project management support during project prioritization, survey, design and construction. Coordinate third party agreements with KIB when necessary. Schedule/nmicci duration The project schedule is as follows for original agreement: • August 15, 2016—August 14, 2017. One culvert design completed minimum. Suhiect to availability of funds. the fnllnwinu schedule will he followed: • August 15, 2017 — August 14, 2018. One culvert construction completed minimum. • August 15, 201 R — August 14, 2019. Next culvert completed minimum. • August 15, 2019 — August 14, 2020. Next culvert completed minimum. • August 15, 2020 —August 14, 2021. Next culvert completed minimum. Final Report c. Outcomes for original asreement 1. 0.25 miles upstream habitat opened 2. Al least I of the 29 barriers removed. d. Project deliverables Deliverables will be per crossing: Fws ON F16AC01034 REV 02 0aZ4/2D17 Page 9 Dr 11 Provide design documents for review including design drawings, hydrology, and hydraulic calculations during the design process. Provide construction documents including drawings, specifications, cost estimates, design reports, and bid sheets for culvert replacement projects. Provide as-buill drawings for culvert replacements in Autacad Civil 3D and Adobe pdf format. Deliverable Submission Instructions/Details Deliverable Due Date Design Documents E-mail to During design • 65% final design set, permits, fmnklin_dekkcr@fws.gov or Land, Structures, ROW, appraisais. ctc. (utilities) cost estimates, technical specs provide to Service Project Officer • Bid dacumcnl on CD or DVD Construction Documents E-mail to Prior to start of • 100% final design set, permits, franklin_dckkcr@fws.gov or construction cost estimates, technical specs Provide to Service Project Officer Project inspection fees on CD or DVD As -Built Drawings E-mail to 90 days atter Franklin_dekkcr@fws.gov or construction completion provide to Service Project Officer Construction on CD or DVD 2017 BUDGET (Based on an assumed estimate for design and consiructinn orthe first culvert.) Cost Classification F%VS Agreement KSWCD Match (Other Sources Total Costs Administrative Sources Land, Structures, ROW, appraisais. ctc. (utilities) Land, Structures, ROW, a sisals, cm.(utilities) Relocation expenses and payments 9° Architectural and engineering fecs Other architectural and engincerina fecs Project inspection fees Site work Demolition and removal Construction S85,500 S85,500 Equipment Miscellaneous' $9,500 S2,000 $11,500 SUBTOTAL $95,000 52,000 $97,000 Contingencies SUBTOTAL 595,000 $2,000 597,000 Project Income TOTAL PROJECT COSTS $95,000 $2,000 $97,OOD *Anticipated miscellancnus costs included project coordination, biological surveying culvert maintenance and monitoring. REVISED 2016 BUDGET (Based on an assumed estimate for design and construction of the first culvert.) FNVS KSWCD Total Cost Classification Agreement Match Costs (Other Sources Administrative Land, Structures, ROW, a sisals, cm.(utilities) meats 9° Architectural and engineering fees sIFF 5aa 5123.5110•• PAF;59a 5123.500 Other architectural and cripincefing fees Pro'ectinspection fees Site work Demolition and removal Construction 543,000•• 543,000 Equipment Miscellaneous*** $18,500 $2200 $20,700 SUBTOTAL $185000 $2.200 $187,200 Contingencies SUBTOTAL $185,000 $2.200 $187,200 Project Income TOTAL PROJECT COSTS $185.000 1 $2.200 $187,200 "Design fees for Middle Buy Drive and Battery Creek did not expend the entire design budget. The remaining design budget was moved to construction according to Significant Development Report received on 5/12017 and filed on 512/2017 ""Anticipated miscellaneous costs included project coordination, biological surveying, culvert maintenance and monitoring. Subsequent option year, are requested to be funded up to $350,000 o year to achieve the desired metrics, depending on funding availability. FW5 DCN: FIGAC01034 REV 02 081042017 page 11 of 11 IN REPLY REFER TO: AFWFO C—XN13 ; D ... nnn � wiuum United States Department of the Interior •q'"` U.S. FISH AND WILDLIFE SERVICE ,. 1011 East Tudor Road Anchorage, Alaska 99503-6199 Blythe Brown Project Coordinator Kodiak Sail and Water Conservation District (KS WCD) 518 Marine Way, Suite 206 Kodiak, Alaska 99615 DUNS: 130455475 Subject: Notice of Administrative Revision 1103 to Financial Assistance Award F16AC01034 Dear Ms. Bmwn, Administrative revision to U.S. Fish and Wildlife Service (USFWS) Award F16AC01034 titled "Kodiak Fish Passage Improvements 2021" under CFDA # 15,608; Fish Passage Program is approved effective August l5, 2017. This award is revised as follows: • This administrative revision is to change the FWS funding provided with REV 03, no change will be made to the amount. The funds will be de -obligated from the REV 02 funding line and the funding will be provided with the new funding string under REV 03. All other terms and conditions remain the same. The performance and budget period of this award remains as August 15, 2016 through August 14, 2021. This is the period of Federal sponsorship. Proicct Performance Measurement: The Recipient will be monitored for required Reporting; i.e. Performance Reporting, Financial Reporting and all other Mandatory Reporting as identified in the Notice of Award Letter. The following scheduled tasks have been revised and/or updated to reflect completed or new task. All other project tasks; activities, objectives, and deliverables, set forth in the original award and any previous revisions (modifications/amendments) are also applicable to, and are hereby incorporated by reference into this revision. FwS DCN F16AC01034 REV 03 081152017 Page 1 015 Performance Gaals/Tasks project activities, objectives, and deliverables Anticipated Completion Date Select consultants, conduct fieldwork and surveys COMPLETED Draft designs, specifications and cost estimate completed COMPLETED Final designs, specifications, cost estimate completed, permits obtained COMPLETED Projects in -stream construction complete DELAYED TILL 2018 Projects construction completed DELAYED TILL 2018 Culverts that did not get done in 2017 - $95,000.00 Draft designs, specifications and cost estimate completed REMOVED Final designs, specifications, cost estimate completed, permits obtained REMOVED Projects in -stream construction complete July 15, 2018 Projects construction completed October 1, 2018 Culverts that did not get done in 2018 - Draft designs, specifications and cost estimate completed November 30, 2018 Final designs, specifications, cost estimate completed, permits obtained March 31, 2019 Projects in -stream construction complete July 15, 2019 Projects construction completed October 1, 2019 Culverts that did not get done in 2019 - Draft designs, specifications and cost estimate completed November 30, 2019 Final designs, specifications, cost estimate completed, permits obtained March 31, 2020 Projects in -stream construction complete July 15, 2020 Projects construction completed October I, 2020 Culverts that did not get done in 2020 - Draft designs, specifications and cost estimate completed November 30, 2020 Final designs, specifications, cost estimate completed, permits obtained March 31, 2021 Projects in -stream construction complete July 15, 2021 Projects construction completed August 14, 2021 The Recipient's project officer must immediately communicate (via telephone, fax or email) any significant changes to (a) project objectives, (b) the above schedule, (c) approved budget, or (d) project personnel, and then document these changes (along with an explanation of wiry they occurred and suggestions on how to deal with them) in a Significant Development Report (SDR). Please see the Significant Development section of this award letter for details. This award is funded as follows: Description of Action USFWS Recipient Revision #03 $0.00 50.00 Change funding allocation, delete funding provided under REV 02 and then add it back under the revised coding. Revision #02 $95,000.00 $2,000.00 (Budget Period 2: August 15,2017—August 14, 2021): Revision #01, Administrative Revision addressing $0.00 50.00 Whistleblower Public Law Award I 5185,000.00 $2,300.00 PWS DCN F16ACaro34 REV 03 0611512G17 Page 2 015 Terms of Acceptance: All terms of acceptance to the original award and any previous revisions (modifications/amendments) are also applicable to, and are hereby incorporated by reference into, this revision. The Federal regulations applicable to Service recipients and their subrecipients and contractors are listed by recipient type in the Service Financial Assistance Award Terms and Conditions posted on the Internet at http://wnvw. ftvs.uov/omnis/. NOTE: if your oraanizetion has conducted any lobbying this past year you must Provide an SF -LLL, no response is reguired if no lobbying activities have been conducted. Special Conditions and Provisions: All special conditions and provisions applicable to the original award and any previous revisions (modifications/amendments) are also applicable to, and are hereby incorporated by reference into, this revision. Revortine Requirements: Financial and Performance Revortine Requirements: All reporting requirements as detailed in the original notice of award and any previous revisions (modifications/amendments) are also applicable to and are hereby incorporated by reference into this revision. See the following Annual reporting schedule: Report: Budget Period 1: August 15, 2017 - August 14, 2021 Report Due Date: Interim financial report August 15, 2016 - September 30, 2017 Award Total: $280,000.00 1 S4,200.00 Unfunded Budget Periods: Subject to availability of funds and future government appropriations Budget Period 3: August 15,2018 -August 14, 2021 S350,000.00T 5350,000.00 Budget Period 4: August 15, 2019 - August 14, 2021 5350,000.00 $350,000.00 Budget Period 5: August 15, 2020 -August 14, 2021 5350,000.00 5350,000.00 Interim financial report Anticipated Award Total _S1,330,000.00 I S1,054,200.00 Terms of Acceptance: All terms of acceptance to the original award and any previous revisions (modifications/amendments) are also applicable to, and are hereby incorporated by reference into, this revision. The Federal regulations applicable to Service recipients and their subrecipients and contractors are listed by recipient type in the Service Financial Assistance Award Terms and Conditions posted on the Internet at http://wnvw. ftvs.uov/omnis/. NOTE: if your oraanizetion has conducted any lobbying this past year you must Provide an SF -LLL, no response is reguired if no lobbying activities have been conducted. Special Conditions and Provisions: All special conditions and provisions applicable to the original award and any previous revisions (modifications/amendments) are also applicable to, and are hereby incorporated by reference into, this revision. Revortine Requirements: Financial and Performance Revortine Requirements: All reporting requirements as detailed in the original notice of award and any previous revisions (modifications/amendments) are also applicable to and are hereby incorporated by reference into this revision. See the following Annual reporting schedule: Report: Report Period: Report Due Date: Interim financial report August 15, 2016 - September 30, 2017 December 29, 2017 Interim performance report August 15, 2016 - September 30, 2017 December 29, 2017 Interim financial report August 15, 2016 - September 30, 2018 December 29, 2018 Interim performance report October 1, 2017 -September 30, 2018 December 29, 2018 Interim financial report August 15, 2016 -September 30, 2019 December29, 2019 Interim performance report October 1, 2018 - September 30, 2019 December 29, 2019 Interim financial report August 15, 2016 - September 30, 2020 December 29, 2020 Interim performance report October 1, 2019 - September 30, 2020 December 29, 2020 FWS DCN FIBAC01034 REV 03 081152017 Page 3 of 5 Einal Financial Report August 15, 2016—August 14, 2021 November 12, 2021 Final Performance Report October 1,2020—August 14, 2031 November 12, 2021 Accepted Date Design Documents Recipients must use the Standard Form (SF) 425, Federal Financial Report form for all financial reporting. This form is available at http://www.whitehouse.gov/omb/grants—forms/. Performance reports must contain: 1) a comparison of actual accomplishments with the goals and objectives of die award as detailed in the approved scope of work; 2) a description of reasons why established goals were not met, if appropriate; and 3) any other pertinent information relevant to the project results. Please include the Service award number provided in the subject line of this letter on all reports. Financial and performance reporting due dates may be extended by the Service upon receipt of a written request addressed to the Service Project Officer identifying the type of report to be extended, the requested revised due date, and a justification for the extension. The Service Project Officer may approve an additional extension ifjustified by a catastrophe that significantly impairs (lie recipient's operations. Requests for reporting due date extensions must be received by the Service Project Officer no later than one day before the original reporting due date. All Financial and Performance Reports must be sent to fw7 fa ces(alfivs.Eov for review and acceptance. DO NOT send the reports to the Service Project Officer; the reports will be distributed to the appropriate individuals once received. Significant Developments Reports (SDR): Events may occur between the scheduled performance reporting dates that have significant impact upon the supported activity. In such cases, notify the Service Project Officer in writing as soon as the following types of conditions become known: • Problems, delays, or adverse conditions that will materially impair the ability to meet the objective of the Federal award. This disclosure must include a statement of any corrective action(s) taken or contemplated, and any assistance needed to resolve the situation. • Favorable developments that enable meeting time schedules and objectives sooner or at less cost than anticipated or producing more or different beneficial results than originally planned. All SDRs must be sent to the Service Project Officer Other Reports or Deliverables: Provide design documents for review including design drawings, hydrology, and hydraulic calculations during die design process. Provide construction documents including drawings, specifications, cost estimates, design reports, and bid sheets for culvert replacement projects. Provide as -built drawings for culvert replacements in Autocad Civil 3D and Adobe pdf format. Deliverable Submission Deliverable Due Date Delivered and Instructions/Dctnils Accepted Date Design Documents E-mail to During design Franklin dekker fws. ov or FWS DCN FISAC01034 REV 03 081152017 Pape 4 el 5 All other deliverables must be sent to the Service Project Officer Project Contacts: The USFWS Project Officer for this award Is: provide to Service Project Officer on CD or DVD Franklin Dekker, Hydrologist Blythe Brown, Project Coordinator Construction E-mail to Prior to start of 518 Marine Way, Suite 306 Documents franklin_dekker@fws.gov or construction (907) 486-5574 907-371-3764 provide Franklin dekkerAlws.gov The USFWS Grants Officer for this award is: to Service Project Officer on Katherine K Smiley Same as Recipient Project Officer Agreement Officer/Contract Specialist CD or DVD Division of Contracting and General Services As -Built Drawings E-mail to 90 days after 907-786-3413 franklin_dekker@fivs.gov or construction provide completion to Service Project Officer on CD or DVD All other deliverables must be sent to the Service Project Officer Project Contacts: The USFWS Project Officer for this award Is: The Recipient Project Officer for this award is: Franklin Dekker, Hydrologist Blythe Brown, Project Coordinator U.S. Fish and Wildlife Service Kodiak Soil and Water Conservation District Anchorage Field Office 518 Marine Way, Suite 306 4700 BLM Rd Kodiak, Alaska 99615 Anchorage, AK 99507 (907) 486-5574 907-371-3764 blythe_brown@kodiaksoilandwater.org Franklin dekkerAlws.gov The USFWS Grants Officer for this award is: The Recipient Administration for this award is: Katherine K Smiley Same as Recipient Project Officer Agreement Officer/Contract Specialist Division of Contracting and General Services U.S. Fish and Wildlife Service/Region 7 Katherine smiicyarws.eov 907-786-3413 Please contact Franklin Dekker with any questions. Please include the assigned USFWS award number F16ACO1034 in all written communications. Sincerely, Digitally signed by KATHERINE KATHERINE SMILEY SMILEY Date: 2017.08 15 12:19:26.06'00' Katherine K Smiley, Agreement OfftceriContract Specialist Financial Assistance Office Division of Contracting and General Services Region 7, Alaska U.S. Fish and Wildlife Service FWS DCN F16AC01034 REV 03 081152017 Pape 5 o15