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HomeMy WebLinkAbout05/07/2013 12 Riparian Zone Outfall Alternatives, Phase 2, Grant Agreement w WA State Recreation and Conservation OfficeJ BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. f �' ..For Meeting of 5/7/2013 ITEM TITLE: Resolution authorizing an agreement with the Washington State Recreation and Conservation Office for a grant of $209,620 for improvements related to Phase 2 of the Riparian Zone Outfall Alternatives at the City's Wastewater Treatment Plant SUBMITTED BY: Debbie Cook, Utilities & Engineering Director Scott Schafer, Wastewater Division Manager SUMMARY EXPLANATION: The levies within the Gap to Gap Reach of the Yakima River are scheduled to be set back in order to meet the objectives of the Yakima River Basin Water Enhancement Project and the Yakima County Flood Control Zone District. The City of Yakima (City) Wastewater Treatment Plant (WWTP) discharges its outfall to the Yakima River within this Reach; requiring development of new outfall location alternatives for the City in order to remain in compliance with its National Pollution Discharge Elimination System (NPDES) permit as issued by the Department of Ecology. The project will ultimately enhance the connectivity of floodplain habitat by removing approximately 2,000 feet of armored /unmaintained revetment to allow for more natural and unrestricted movement of fish, water and substrate. This project is being completed in separate phases as grant funding or other funding from Gap to Gap project sponsors is made available. As part of Phase 2 of the Riparian Zone Outfall Alternatives project, a portion of the Yakima Greenway trail that currently runs on top of the revetment will be relocated outside of the 100 year floodplain. The Washington State Recreation and Conservation Office is awarding the City a $209,620 Salmon Recovery Funding Board grant to complete the Yakima Greenway trail re- routing portion of the project. Attached is the Salmon Project Agreement and an email of support from Yakima County indicating that Yakima County (Gap to Gap Sponsor) will help to fund the trail relocation if additional funding is required. Resolution: X Ordinance: Other( : Salmon Recovery Funding Board Grant Contract: >< Contract Term: Start Date: End Date: Item Budgeted: Amount: $209.020 Funding Source/Fiscal Wastewater Facility Capital Improvement Fund 478 Strategic Priority: Insurance Required? No Mail to: Recreation and Conservation Office, Natural Resources Bui|ding, PO Box 4O917. Olympia, WA. 98504-0917 Phone: APPROVED FOR City Manager SUBMITTAL: ' ` Staff respectfully requests City Council approve the Resolution. Description: Resolution 8RFB Grant Agreement Phase 2 8RFBPn4ect Agreement Phase 2 Yakima County Funding Support Email RESOLUTION NO. R -2013- A RESOLUTION authorizing the City Manager to execute an Agreement with the Washington State Recreation and Conservation Office and City of Yakima for a grant of $209,620 for improvements related to Phase 2 of Riparian Zone Outfall Alternatives at the City's Wastewater Treatment Plant. WHEREAS, the City of Yakima (City) owns and operates wastewater collection and treatment facilities in accord with applicable Federal, State and Local regulations; and WHEREAS, the City's Wastewater Treatment Plant (WWTP) discharges its outfall to the Gap to Gap Reach of the Yakima River; and WHEREAS, the levies in the Gap to Gap reach of the Yakima River are being set back in order to meet the objectives of the Yakima River Basin Water Enhancement Project and the Yakima County Flood Control Zone District; and WHEREAS, levy setback in the Gap to Gap Reach of the Yakima River requires development of new outfall location alternatives for the City's treated wastewater to return to the Yakima River; and WHEREAS, the City is completing floodplain restoration projects as part of its new outfall alternative project; and, WHEREAS, this project is being completed in separate phases as grant funding or other funding from Gap to Gap project sponsors is made available, WHEREAS, Yakima County staff have assured that the project will be supported with Yakima County trails funding if needed; and WHEREAS, Yakima County is providing staff support to work with the City, the Greenway Foundation and the Washington State Recreation and Conservation Office to re- route the Greenway Trail for this project as Phase 2 of the Riparian Zone Outfall Alternatives at the City's WWTP; and WHEREAS, Re- routing the Greenway Trail around the Riparian Outfall project is eligible for grants from the Washington State Recreation and Conservation Office; and WHEREAS, the Washington State Recreation and Conservation Office is awarding the City a $209,620 Salmon Recovery Funding Board grant to complete the trail re- routing portion of the project; and NOW THEREFORE, The City of Yakima intends to enter into a project agreement with the Washington State Recreation and Conservation Office, provided that the terms and conditions for a Salmon Recovery Funding Board grant agreement are satisfactory to all parties; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute all applicable documents and agreements pursuant to a grant from the Washington State Recreation and Conservation Office in the amount of Two Hundred Nine Thousand Six Hundred Twenty Dollars ($209,620) to re -rout a portion of the Greenway Trail around the Riparian Outfall project at the City's WWTP. ADOPTED BY THE CITY COUNCIL this 7th day of May, 2013. ATTEST: Sonya Claar -Tee, City Clerk Micah Cawley, Mayor Iasi I Project Sponsor: City of Yakima ZIMEMM�� ����ma Floodplain Ecosystem ph2 Approval Date: 12/512012 M111111M "M INIGOINOMMI is at III rams' MOM In w I 161 W* U- a r=="57falvnra� TVA Sdful anasnail be Ringo, h the parlies S§1200330292� State of Washington. The grant is administered by the Recreation and Conservation Office (RCO) to the sponsor for the project named above. 11.0- 1- Kgreement end date, the time extension will be denjed 0595MMEZEDUM WMKLZ M SRFB - Salmon Federal Projects Project Sponsor Total Project Cost Percentage 70.25% 29,75% 90-0-0—�- am= $881776M Salmon Project Agreement - ROO #12 -1307f Salmon Funding Accounts Chapter 77,85 ROW, Chapter 420 WAG Page 1 of 17 PROJAGR RPT G. RIGHTS AND OBLIGATIONS All rights and obligations of the parties to this Agreement are subject to this Agreement and its attachments� as now existing or hereafter amended, including the sponsor's application; eligible scope activities ' project milestones, and the Standard Terms and Conditions of the project Agreement. all of which are incof porated herein, need only be signed by RCO's director or designee. & COMPLIANCE WITH APPLICABLE STATUTES, RULES, AND RCFB-SRFB POLICIES This agreement is governed b • the sponsor shall comply with, all applicable state and federal laws and regulations, including Chapter 77.85 RCW, Chapter 420 WAC� and published agency policiesi which are incorporated herein by this reference as if fully set forth. 0 Salmon Project Agreement - RCO #12 -13078 Salmon Funding Accounts Chapter 77.85 PCW, Chapter 420 WAG Page 2 of 17 PROJAGR,RPT 910111MORM Egil"IMMMI W 11561111111M 9 ro MMIUM MIME109112104IM11 forward to construction. a, Design Review Comments b. Final Design Report and Drawings c Technical Specifications; d, Final Construction Quantities and Costs; e. Contract Bidding Documents and General Contract Conditions (unless the project will be built by sponsor crew); and f, RCO Acceptance of Final Project Design 4, Construction Phase, including Pre-Construction a. Landowner Agreements b. Proof of completion of Cultural Resources Consultation for ALL ground disturbing activities; c. Proof of permits Post-Construction d. As-built drawings (if constructed project differs from final design). Salmon Project Agreement - RCO #12-1307R Salmon Funding Accounts Chapter 77,85 RCW, Chapter 420 WAC Page 3 of 17 PROJAGR RPT ----------- Failure to provide required A -133 audits will lead to a suspension of payments and may lead to a suspension of RGO Agreements. K. PROJECT GRANT AGREEMENT REPRESENTATIVE All written communications and notices under this Agreement will be addressed and sent to at least the mail address or the email address listed below if not both Project Contact Name: Ryan Anderson Title* Utility Engineer Address: 2220 E. Viola Avenue Yakima, WA 98902 Email: manders@ci.yakima,wa,us TWIOVRP Natural Resources Building PO Box 40917 Olympia, Washington 98504-0917 L ENTIREAGREEMENT ThisAgreement, with all amendments and attachments, constitutes the entireAgreement • the parties, No of understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the parties, I BBZH= By: Name: (printed) Title: State of Washington By: Kaleen Cottingham Director Pre-approved as to form: By- is/ Assistant Attorney General Chapter 77,85 RCW, Chapter 420 WAC PROJAGR.RPT Date: June 27, 2011 . .affi Table of Contents Page SECTION 1. CITATIONS, HEADINGS AND DEFINITIONS........: ...... „.. 7 SECTION 2. PERFORMANCE BY THE SPONSOR......: ........ :..,.,... ........ ........ 9 SECTION 3:, ASSIGNMENT...................., .... ......... ::;. :;,:::.,. ,.,.:..<. ::, ,. .:::.;.: 9 SECTION 4. RESPONSIBILITY FOR PROJECT ... »........... .. .:.. ..... :.:: .,..::.:. .. ...... 9 SECTION 5. INDEMNIFICATION....:: ......... ......... ....:..:. ......... .......: 9 SECTION 6, INDEPENDENT CAPACITY OF THE SPONSOR ....... .......:. .......: 9 SECTION 7. CONFLICT OF INTEREST .._.... - .,........ .., ........ ».» ,.:: >: » .....: . ......... .......... 9 SECTION 5: ACKNOWLEDGMENT AND SIGNS... .... ... ......... ... :,. :. :. » . :..:.: ..:,:::.: ,,........ 9 SECTION 9 COMPLIANCE WITH APPLICABLE LAIN.. ......... » . .................... .... .......... ...... 10 SECTION 10. HAZARDOUS SUBSTANCES ..... ......... ........ ....:...: ....:.:.. .:...... ......::., 11 SECTION 11. RECORDS--, .:.: ......... ........ .... : :... ......- .,: .... ........ .......:. :::::: 11 SECTION 12. TREATMENT OF ASSETS ........ ......... ......... .. —.... ......... ..,.........,.,,.... 11 SECTION 11 _ RIGHT OF INSPECTION.----, ......... .. :.::... ........- ... ..... _ ........ ..,. 11 SECTION 14. STEWARDSHIP AND MONITORING.....;::. ......... .......•. ......... .......... .., :, :.. 11 SECTION 15. DEBARMENT CERTIFICATION... ..,,..... ......... ........... --- ... ;... ..,. ». :;: 12, SECTION 16 PROJECT FUNDING..... .....,. ............... ...::...: ......... ........» .......... ..,.., : :: 12 SECTION 17. PROJECT REIMBURSEMENTS..... ......... .......... ....::::: .,.:..... .,..:::.: 12 SECTION 18. ADVANCE PAYMENTS.. ......:.,. ., ....... . ........ ......... .................. ....... :. 12 SECTION 19: RECOVERY OF PAYMENTS..,..,,. ..: >:..:» ....::::: ...::.... ...:::... .......:: ........ 13 SECTION 20, CONVENANT AGAINST CONTINGENT FEES......,. ... .......:. ...::.... .....:.:. 13 SECTION 21. PROVISIONS APPLYING TO DEVELOPMENT, RENOVATION AND RESTORATION PROJECTS............ ........ .......:: .... --- :....... ..::.:. ....::.:. ,... » :. ;, 13 SECTION 22, PROVISIONS APPLYING TO ACQUISITION PROJECTS.....:.. ....... ... ....:..: ...::.... 13 SECTION 23. RESTRICTION ON CONVERSION OF REAL PROPERTY ANDIOR FACILITIES TO OTHER USES... .... ......... ......... ........ ......... SECTION 24. CONSTRUCTION, OPERATION, USE AND MAINTENANCE OF ASSISTED PROJECTS ....... , ,,....... .......,, ......... ....»..... ................. 14 SECTION 25 INCOME AND INCOME USE ........... ...... ».. ... _........ ......... ,........ 15 SECTION 26. PREFERENCES FOR RESIDENTS ......: .............. .......... 15 Salmon Project Agreement - RCO #12- 1307F2 Salmon Funding Accounts Chapter 77.85 RCW. Chapter 420 WAC Wage 5 of 17 PROJAGa RPT SECTION 32. AMENDMENTS^ ---- ...... ... ,_ .... ...... 16 SECTION 33. LIMITATION OF AUTHORITY ........ .......... __^_-__-.~~_�-__....... ---.... 16 SECTION 34. WAIVER OF ....... .... ...... _ Ts SECTION 35 APPLICATION REPRESENTATIONS - MISREPRESENTATIONS OR INACCURACY OR '-~~- .... ---~........ ^-~-~^----^-.......... 16 SECnomoa ~ .............. ........ ---- ............ --........ ---- 17 SECTION 37. TERM|NxrION_.~_ .......... __._--.-....... -..... ' .......... —'~----...... -- 17 SECTION 38. DISPUTE HEARING., ._' _ -.._ _ ............... 17 SECTION 39. AnnnweYSFEES._~. ......... _.+--.-.._........ -.......... ....... ~'~~~--^ 18 SECTION 40. GOVERNING iAWIVENUE._ ... ~.-~_~--~........ =_`_-~,- 18 SECTION 41. ___~~_______________________^________ Salmon Project Agreement - RCO #1 2-1307R Salmon Funding Accounts Chapter 77.85 RCW, Chapter 420 WAC Page 6 of 17 Project Sponsor: City of Yakima Project Title: Yakima Floodplain Ecosystem ph2 Approval Date: 12/512012 SECTION 1. CITATIONS, HEADINGS AND DEFINITIONS A. Any citations referencing specific documents refer to the current version at the date of project Agreement andfor any revisions in the future. B. Headings used in this Agreement are for reference purposes only and shaft not be considered a substantive part of this Agreement. Salmon Project Agreement - RCO #12 -13078 Salmon Funding Accounts Chapter 77.85 RCW, Chapter 420 WAC Page 7 of 17 PROJAGR,RPT • .r° a s a. -.. a a •. .a. -. • t.. • • s • •- � t • - e ♦ -• - ea ra t. •. 9 • a. f • i'.' •. •.. i. t • .t® s ..a° • a # -: 1 i U Federally Funded Project& When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing t # in whole # provided I. The percentage of the total costs of the project that is financed with federal money 2. The dollar # unt of federal funds project 3 The percentage f dollar amount of • nongovernmental SECTION 9. COMPLIANCE WITH APPLICABLE LAW f and and Buy Amedcan + Endangered Species maybe 66 6416 Will I requirement grounds for terminating this project Agr ot for any enforcement responsibility i on discrimination Laws The sponsor shall comply with all applicable federal, statei and local nondiscrimination laws and/or policies, including but not Urnitedl Salmon Project Agreement - RCO #12 -1 07R Salmon Funding Accounts Chapter 77.85 RCW, Chapter 420 WAC Page 9 of 17 PR©JAGR,RPT s t "M t° WOM Sponsor further agrees to utilize, where applicable and financially feasible, any monitoring protocols recommen9 °a by funding board. Salmon Project Agreement - RCO #12 -13078 Salmon Funding Accounts Chapter 77.85 RCtW, Chapter 4213 WAC Page 10 of 17 PROJAGR RPT F'3ay�Ia?s >7�:1tl:ioTr#�e • e A, For Federally Funded Projects By signing the " #. or principals nor any other lower participant presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any Federal department or agency. Further, the sponsor agrees not to enter into any arrangements or contracts related to this Agreement with any party that is on the "General Services Administration's Excluded from Federal Procurement or Non-p t ## MI M_�MMMRM A- 140"IMOM M M M � � IMI 110. M. # 411 # • 4 w i• #. • # a • " r #1 ! a ' » e. • a Me •. 4 ; # the SRFB and must comply with SRFS policy. See WAC 420-12-060 (5)� Salmon Project Agreement - RCO #12-1307R Salmon Funding Accounts Chapter 77.85 RCW, Chapter 420 WAC Page 11 of 17 PROJAGR.ReT SECTION 19. RECOVERY OF PAYMENTS In the event that the sponsor fails to expend funds under this Agreement in accordance with state and federal laws� and/or the per annum from the time that payment becomes due and owing� SECTION 20. COVENANT AGAINST CONTINGENT FEES The sponsor warrants that no person or sell ing agent has been employed or retained to solicit or secure this Agreement on an NUNN W001"10111jew SECTION 22. PROVISIONS APPLYING TO ACQUISITION PROJECTS (including easements) for outdoor recreatiom habitat conservation, salmon recovery purpose% or farmland preservatiom A, Evidence of Land Value. Before disbursement of funds by RCO as provided under this Agreement, the sponsor agrees to supply documentation acceptable to RCO that the cost of the property rights acquired has been estabtfshed according to funding board pojicy� - 4 1 When a conversion has been determined to have occurred, the sponsor is required to remedy the conversion per established funding board policies, SECTION 24 CONSTRUCTION, OPERATION� USE AND MAINTENANCE OF ASSISTED PROJECTS funding board funds, Including undeveloped sites, are built� operated, used� and maintained, A, According to applicable federal, state, and local laws and regulations, including public health standards and building cod & In a reasonably safe condition for the project's intended use, I i i 111111 1 X I • Salmon Project Agreement - RCO #1 2-1307R Salmon Funding Accounts Chapter 77.85 RCW, Chapter 420 WAC Page 13 of 17 PROJAGR RPT G. Be available for use by the general public without reservation at reasonable hours and times of the year, according to the type of area or facility. SECTION 26. PREFERENCES FOR RESIDENTS Sponsors she It not express a preference for users of grant assisted projects on the basis of residence (including preferential WHIMM1111"I go I - -V I :gim-st I"Looffis KIWL I IM101- - W WOM HIM 71' MMEMMMINERN WE WMRV OWN # IN MGM IN ills I III I I' 1110 MEN With reports or documents needed to meet the requirements of the LWCF General Provisions. Section 14 - Stewardship and Monitoring Section 22 - Provisions Applying to Acquisition Projects. Sub-sections F and G Section 23 - Restriction on Conversion of Real Property and/or Fadhues to 011= Uses� and Section 24 - Construction, Operation, Use and Maintenance of Assisted Projects. Sub-sections E. F, and Section 25 - Income and Income Use I WISH WIN View the following ordec k Applicable federal and/or state statutes, regulations, policies and procedures including RCOffunding board policies and procedures, applicable federal Office of Management and Budget (OMB) circulars and federal and state executive orders; B Project agreement including attachments; C, Special Conditions; D_ Standard Terms and Conditions of the Project Agreement, SECTION 33. LIMITATION OF AUTHORITY Only RCO or RCO's delegate by wrg (delegation to be made prior to action) shall have the express, implied, or apparent authoril kii I W i iliii I Wilowilva".1 -M-0 A"gh"i Wliiw SEGTION 34. WAIVER • DEFAULT Waiver of any default shall not be deemed to be a waiver of any Subsequent defsUIL Waiver or breach of any provision of the �Ir �14 1111, 2060CUR Salmon Funding Accounts Page 15 of 17 SECTION 36. SPECIFIC PERFORMANCE The divitdino ho.-Ird 2nd 1C SECTION 37 TERMINATION 1141 m-i.Niiiriiiiiiwwo =9111 1111 MR 1 01 1 05K. 11 #X: 011 WIRILIN It ANN I I NMI I I WORH 1-141,11 NO Lf WHO. URI 0 IN W W. WIN M. .1 No go, SECTION 311. DISPUTE HEARING Except as may otherwise be provided in this Agreement, when a dispute arises between the sponsor and the funding board, which cannot be resolved, either party may request a dispute hearing according to the process set out in this section, Either party's request for a dispute hearing must be in writing and clearly state: A. The disputed Issues: B, The relative positions of the parties; C. The sponsor's name, address, project title, and the assigned project number. Wig woi.�limmill � 11 �I 111 1 11 1111!1111� 11�11111 111111111111 1�111 1111 !111 �Jpii SECTION 39, ATTORNEYS' FEES In the event of litigation or other action brought to enforce contract terms, each party agrees to bear its own attorney fees and costs. Salmon Project Agreement - RCO #12- 1 >307R Salmon Funding Accounts Chapter 77,85 RCW, Chapter 420 WA C Page 16 of 17 PROJAGR.RPT SECTION 41. SEVERABIt_17Y The provisions of this Agreement are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shell not affect the validity of the remainder of the Agreement. Salmon Project Agreement - RCO #12 -13078 Salmon Funding Accounts Chapter 77.85 RCW, Chapter 420 WAC Page 17 of 17 PROJAGR RPT I Project Sponsor: City of Yakima Project Number: 12-1307 Project Title: Yakima Floodplain Ecosystem ph2 Project Type: Restoration Program: Salmon Federal Projects Approval: 12/5/2012 Restoration Metrics Targeted salmonid ESU/DPS. Instream Habitat Project Total Miles Of Instrearn Habitat Treated-, Channel recGnfiguration and connectivity Type of change to channel configuration and connectivity. "WK-WHO I _­11-1 ­." I w ties of Off-Channel Stream Created Acres of Channei/off-Channel Connected Or Added- Instrearn Pools Created/Added Architectural & Engineering Architectural & Engineering (A&E) M Creation/Connection to Off-Channef Habitat 0,50 0,50 300L 0 ELIGREIM,RPT March 6, 2913 Page Project Number: 12-1307 R Project Name: Yakima Floodplain Ecosystem ph2 Sponsor: Yakima City of Project Manager: Kay Caromile MEMO Project Start 12/06t2012 Applied for Permits 01110/2013 Preliminary Design to RCO 05/15/2013 As described in RCO Manual 18, Appendix D-2 and summarized in this contract's special conditions Progress Report Submitted 05115/2013 entered directly into PRISM I Cultural Resources Complete 06/01/2013 Attach documents to PRISM confirming cult res consultation complete for ALL ground disturbing activities Permits Complete 06101/2013 Final Design to RCO 06/01/2013 As described in RCO Manual 18, Appendix D-3 and summarized in this contract's special conditions Annual Project Billing 07131/2013 and at least once per year, thereafter Progress Report Submitted 11(15/2013 entered directly into PRISM Progress Report Submitted 05/15/2014 entered directly into PRISM Bid Awarded/Contractor Hired 06/01/2014 Restoration Started 07101/2014 Funding Acknowl Sign Posted 07/01/2014 Annual Project Billing 07131/2014 Restoration Complete 09/20/2014 RCO Final Inspection 10/15/2014 Progress Report Submitted 11/15/2014 entered directly into PRISM Stewardship Plan to RCO 11130/2014 Final Report in PRISM 12/31/2014 Agreement End Date 12/31/2014 PROJECT CLOSING. All expenditures must be prior to this date. Final Billing to RCO 12131/2014 X = Milestone Complete 1 = Critical Milestone 11ti IESTO RPT March 06, 2013 Page Anderson, «, From: Joel Freudenthal Doel.freudenthal a co.yakima.wa.usI -Sent: Tuesday, March 05, 2013 11:37 AM To Anderson, Ryan Subject: Funding for Trail Relocation