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HomeMy WebLinkAboutR-1996-095 Agreement / Water / Wastewater Facilities Dike RepairRESOLUTION NO. R-96- 5 A RESOLUTION authorizing the City Manager to sign all contracts and financing agreements and amendments, construction contracts and other documents relating to the Water and Wastewater Facilities Dike Repair projects. WHEREAS, the City of Yakima has incurred significant damage to dike structures protecting properties at the Water and Wastewater facilities during the flood of 1996 thus requiring extensive and expedited repair to restore it to its original protective and control capability; and WHEREAS, the State of Washington has made grant monies available to repair dike and levee structures through a competitive application process as authorized by special legislative appropriation for the repair or replacement of dikes and levees and Chapters 86.26 RCW, 86.12 RCW, and further described in Chapter 173-145 WAC; and WHEREAS, the repair of dike structures at the Water and Wastewater facilities are necessary for protection of City properties and to protect Water and Wastewater services to the community; and WHEREAS, an agreement with the State of Washington Department of Ecology to provide grants to the City of Yakima is in the best interest of the City of Yakima, now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKI MA: The City Manager and City Clerk are hereby authorized to execute the attached and incorporated grant documents with the Washington State Department of Ecology for dike and levee repair with the City of Yakima. ADOPTED THIS les' day of 1996. Lynn Buchanan, Mayor ATTEST: CITY CLERK duce repairs resolution Jul) 31, 1996 cw FCAAP EMERGENCY GRANT NO. G9700033 between the STATE OF WASHINGTON DEPARTMENT OF ECOLOGY and the CITY OF YAKIMA Project: Yakima River Levee Repair - Wastewater Treatment Plant Site THIS is a binding agreement entered into by and between the State of Washington, Department of Ecology, (PO Box 47690, Olympia, Washington, 98504-7690) hereinafter referred to as the "DEPARTMENT" or as "ECOLOGY" and the City of Yakima, hereinafter referred to as the "RECIPIENT" to carry out the activities described herein as authorized by special Legislative appropriation for the repair or replacement of dikes or levees and Chapters 86.26 RCW, 86.12 RCW, and further described in Chapter 173-145 WAC. Recipient Name: Recipient Project Coordinator: Telephone Number: Fax Number: Project Officer for the Department: Telephone Number. Fax Number City of Yakima Wastewater Division 129 N. Second Street Yakima, WA 98901-0000 Dennis E. Covell, P.E. 509-576-6313 509-575-6105 Dave Burdick Northwest Regional Office - Bellevue 206-649-7139 206-649-7098 The Source of Funds provided by the DEPARTMENT are the Flood Control Assistance Account Program funds Grant Amount. Maximum Eligible Project Cost: Maximum State Grant Share: Estimated Local Share. $110,000 $ 45,000 $ 65,000 State Maximum Cost Share Rate 41% UP TO a maximum State Share of $45,000 The EFFECTIVE DATE of this grant is November 1, 1995. Any work performed prior to the effective date of this agreement without prior written authorization and specified in the Scope of Work will be at the sole expense and risk of the RECIPIENT The Project descnbed herein must be completed on or before June 30, 1997 THE EXPIRATION DATE of this agreement is June 30, 1997. 1 of 8 Flood Control Assistance Account Program Grant No G9700033 between the Department of Ecology and the City of Yakuna SCOPE OF WORK Project Title: Yakima River Levee Repair -Wastewater Treatment Plant Site Description: The Recipient shall repair three sections of levee damaged in the November, 1995 and February, 1996 floods in order to protect the Yakima Regional Wastewater Treatment Plant serving approximately 85,000 people. Repairs consist of adding granular material to the landward slope to replace embankment material where erosion occurred on a 1,090 foot levee section; replacing the levee toe and embankment material for a 500 foot long section of levee; and rebuilding the entire levee for a 90 foot section. FCAAP funds will serve as match for U.S. Army Corps of Engineers funding. Project Location: Yakima County: Sections 28, 29,32,33, Township 13, Range 19; right bank of the Yakima River within the City of Yakima. The damaged levee, known as the Spray Irrigation Field levee, is located on the right bank of the Yakima River within the City of Yakima near rivermile (RM) 111 and just downstream of the Moxee Bridge Performance To assist the Recipient and ensure project results are consistent with the state Coordination: laws and regulations for flood damage reduction, the Recipient, as part of this agreement shall coordinate with Ecology's Project Officer, Dave Burdick, phone. 206-649-7139 for technical assistance by means of telephone conferences or meetings at the beginning of each quarter. Recipients are encouraged to coordinate more often whenever the Department can provide technical assistance or respond to questions regarding the project or grant. Work Program: The RECIPIENT shall comply with the local Comprehensive Flood Hazard Management Plan if applicable, Shoreline Master Program, local comprehensive plan, and zoning ordinance and shall have acquired all necessary federal, state and local permits. Copies of all permits, plans and specifications shall be sent to Ecology prior to the commencement of work. Dike or levee repair/replac:ement shall be made to meet or exceed generally accepted engineering standards Work tasks include: Task 1: "Type A" Levee Repair The Recipient shall repair and restore two levee sections equaling approximately 500 feet to pre -flood conditions. In both cases, granular material shall be added to the landward slope to replace embankment material that eroded in the following locations a a 300 foot section just downstream from the Moxee Bridge, and,. b a 200 foot section about 1,500 feet further downstream 2 of 8 Flood Control Assistance Account Program Grant No G9700033 between the Department of Ecology and the City of Yakima Task 2: "Type B" Levee Repair The City shall repair and restore approximately 500 feet of levee as follows: a Levee embankment: replace lost embankment with approximately 1,500 c.y. of granular fill, compact fill. b Levee toe and riverward slope: repairs shall be made using approximately 1,200 c.y. of class III riprap. Task 2: "Type C" Levee Repair The City shall rebuild 90 feet of levee including the toe, embankment for the levee itself, and the rock protection on the riverward slope. A total of approximately 600 cubic yards of class III riprap and 300 c.y. of granular material shall be used. Deliverables: a. Two sets. As -built drawings, signed and sealed by a licensed professional engineer b Two copies Final project summary report, signed by the Project Engineer declaring that the project was, to the best of his/her knowledge, constructed and completed in accordance with the construction plans and specifications and generally accepted engineering/construction practice. c Two sets• Photographic documentation (35mm color prints) of the project before and after construction in sufficient quantity to effectively illustrate important phases of construction and project progress. Date Due: June 30, 1997 Note: The RECIPIENT shall notify the DEPARTMENT in writing of the project's completion and arrange for final inspection of the project by the DEPARTMENT DELIVERABLES The Recipient shall send three copies of the final summary report to Ecology Headquarters at the following address. Bev Huether WA State Department of Ecology Shorelands and Water Resources Program P 0 Box 47600 Olympia, WA 98504-7600 3 of 8 Flood Control Assistance Account Program Grant No G9700033 between the Department of Ecology and the City of Yakima .311110=11111111•OitiONNIMIC41111MIUMMINICIMME2.==•111a10111101111=1.S 21=01 ..,==%51211.•111.01•11•• BUDGET Budget Conditions 1. Expenditures will be monitored by the Ecology Fiscal Office for compliance with the EXPENDITURE BUDGET (listed below) at the PROJECT LEVEL. 2. For the administration of this agreement the Recipient shall follow the "Administrative Requirements for Ecology Grants and Loans", July 1995 edition. 3. Ecology forms contained in the "Administrative Requirements for Ecology Grants and Loans" must be used for payment requests, otherwise requests will be returned to the Recipient for submittal on the correct forms. The Recipient may reproduce these forms on computer as a facsimile of Ecology forms with the exception of Form A (A19 -1A Invoice Voucher). 4 Before the final payment can be released, the: RECIPIENT shall notify the DEPARTMENT in writing of the project's completion and arrange for final inspection of the project by the DEPARTMENT 5 Funding for this project is contingent upon acquisition of all required permits. In addition, failure to comply with required permits constitutes a breach of contract which could result in termination of 1:his agreement. 6 Expenditure Budget: (for Recipient reporting and Ecology tracking purposes) Maximum eligible project costs. $110,000 Maximum FCAAP/State costs: $ 45,000 Local match. $ 65,000 Eligible costs will be reimbursed at a rate of 41% UP TO a maximum State Share of $45,000. 7 Estimated Costs (for information only) DescrItt cn Qty Unit Unit Price Amount 1 IEng new ng/Dm gn (Federal) - bans/specs. $5,000 2 'Equprnent tvooaliza,on and Derrxoilizabon 1 LS $4,000 ~ $20,000 3 G'anual FII 2000 CY $10.00 4 cieI11 riprac s 1800 CY $25.00 $45,000 Subtotaii $74,000 5 Project Supanisqn and irspecton $5,000 I Subtotal , $79,000 6 ;cortirgency (10°/a) $7,000 Total Project Cost $86,000 8 Match Requirements The RECIPIENT's local match shall consist of Army Corps of Engineers funding. 4 of 8 Flood Control Assistance Account Program Grant No G9700033 between the Department of Ecology and the City of Yakima Special Terms and Conditions AGREEMENT PROVISIONS A. FCAAP PROVISIONS This grant is made in response to a request for financial assistance for the City of Yakima for recovery from damages incurred in the November, 1995 and February, 1996 floods. The State is not requiring the Yakima River Levee be retained, or that it be retained in the existing location. The decision to retain or remove the Yakima River Levee is a local decision and the purview of the City of Yakima. However, if the local decision is to retain the Yakima River Levee, then the City of Yakima is responsible to maintain the Yakima River Levee in a manner and condition in accordance with accepted engineering practice. Failure to maintain the dike or levee in said manner and condition may be grounds for denial of FCAAP funding for damages incurred in future floods. B Compliance with All Laws: The Recipient shall comply fully with all applicable Federal, State and Local laws, orders, regulations and permits. The Recipient shall make its best effort to comply with the deadlines and requirements of the Growth Management Act as a special condition of this grant agreement. Prior to commencement of any construction, the Recipient shall secure the necessary approvals and permits required by authorities having jurisdiction over the project and submit copies of all permits and approvals, construction plans and specifications to the Department. C Responsibilities of the RECIPIENT's Project Coordinator The Project Coordinator shall be responsible for the procedural obligations under this grant in addition to his/her duty to coordinate the construction effort hereunder. S/he shall cooperate with all parties concemed in every way possible to promote successful completion of the services described in the Scope of Work D Period of Compliance Any purchases or contracts initiated by the RECIPIENT under this agreement after the effective date of the agreement shall comply with all provisions herein. E. Failure to Commence Work In the event the RECIPIENT fails to commence work on the project funded herein within four months after the execution of the grant agreement the DEPARTMENT reserves the right to terminate this agreement. F Access to Records and Right to Audit 1 The RECIPIENT agrees that the Auditor for the State of Washington shall, until the expiration of three (3) years after expenditure of funds under this grant, have access to 5 of 8 Flood Control Assistance Account Program Grant No G9700033 between the Department of Ecology and the City of Yakima and the right to examine any directly pertinent books, documents, papers, and records the RECIPIENT involving transactions related to this grant. The RECIPIENT agrees to ,. clucle the substance of this paragraph into all grants and subcontracts payable from contract funds in whole or in part. 2. The RECIPIENT agrees that payment(s) made under this grant shall be subject to reduction for amount charged thereto which are found after audit examination not to constitute allowable costs under this grant. The RECIPIENT shall refund by check payable to the DEPARTMENT the amount of such reduction of payments under com- pleted or 'terminated grants. G. Maintenance of Records: All required records shall be maintained until a state audit is completed and all questions arising therefrom are resolved, or three (3) years after completion of a project, whichever is sooner. H. (Sub) Contractor Compliance: It is the responsibility of the Recipient to ensure that all sub -recipients and contractors comply with the terms and conditions of the agreement and that the State of Washington is named as an express third -party beneficiary of such subcontracts with full rights as such. I Minority and Women's Business Participation The RECIPIENT agrees to utilize to the maximum extent possible, minority-owned and women owned businesses in purchases and contracts initiated after the effective date of this agreeme In the absence of more stringent goals established by the REC!PIENTs jurisdiction, the RECIPIENT agrees to utilize the DEPARTMENT's goals for minority and women owned business participation in all bid packages, requests for proposals, and purchase orders. These goals are expressed as a percentage of the total dollars available for the purchase or contract and are as follows. Minority owned business participation: 10% Women owned business participation: 6% The RECIPIENT and ALL prospective bidders or persons submitting qualifications shall take the following steps in any procurement initiated after the effective date of this agreement: 1 Include qualified minority and women's businesses on solicitation lists; 2 Ensure that qualified minority and vvomen's businesses are solicited whenever they are potential sources of services or supplies; 3 Divide the total requirements, when economically feasible into smaller tasks or quantities to permit maximum participation by qualified minority, and women's businesses; 4 Establish deivery schedules, where requirements of the work permit, which will encourage participation of qualified minority, and women's businesses, and 6 of 8 Flood Control Assistance Account Program Grant No G9700033 between the Department of Ecology and the City of Yakima 5. Use the services and assistance of the State Office of Minority and Women's Business Enterprises, and the Office of Minority Business Enterprises of the US Department of Commerce as appropriate. The RECIPIENT shall provide written certification, on a form provided by the DEPARTMENT, that the above steps were/will be followed. Any contractor engaged by the Recipient under this agreement shall be required to follow the above five affirmative steps in the award of any subcontracts. The RECIPIENT shall report to the DEPARTMENT at the time of submitting each invoice, on forms provided by the DEPARTMENT, payments made to qualified firms. The report will address: 1 Name and State OMWBE certification number of any qualified firm receiving funds under the voucher, including any sub and/or sub -subcontractors; 2 The total dollar amount paid to qualified firms under this invoice. J. FINANCIAL GUIDELINES The RECIPIENT shall comply with the DEPARTMENT's current edition of the "Administrative Requirements for Ecology Grants and Loans" (Ecology publication number 91-18), July 1995 edition The RECIPIENT shall be responsible for maintaining appropriate financial records throughout the life of the project and in accordance with these guidelines. K PAYMENT REQUESTS Requests for reimbursement shall be submitted within 30 days of project completion at which time the Recipient shall arrange for final inspection of the project by the DEPARTMENT. by the RECIPIENT on state invoice voucher forms (A19 -1A, Form A) provided by the DEPARTMENT Each request for payment must include supporting documentation provided to the DEPARTMENT on Form B, "Running Budget Summary", and Form C: Voucher Support" (the RECIPIENT can substitute a reasonable computerized facsimile spreadsheet in a similar format with the same headings for forms B and C.). All expenses in each task shall be grouped together. A separate page or subtotal shall be used for each task with a summary page totaling costs. NOTE Ecology forms contained in the "Administrative Guidelines for Ecology Grants and Loans" must be used for payment requests, otherwise requests will be retumed to the RECIPIENT for submittal on the correct forms. The RECIPIENT may reproduce these forms on computer as a facsimile of Ecology forms with the exception of Form A (A19 -1A Invoice Voucher). Complete backup documents (to include but not limited to all invoiced costs, time sheets [signed and dated by both employee and supervisor], etc.) MUST be maintained by the RECIPIENT. These expenses will be kept in grant files according to budget task for a period of three years after project completion and made available at any time for inspection by the DEPARTMENT Final payment of grant projects is contingent on Ecology's inspection and approval of flood damage reduction projects 7 of 8 Flood Control Assistance Account Program Grant No G9700033 between the Department of Ecology and the City of Yakima L. All Writings Contained Herein This agreement, the appended "General Terms and Conditions", and the DEPARTNIENT's current edition of "Administrative Requirements for Ecology Grants and Loans", contains the entire understanding between the parties, and there are no other understandings or representations except those set forth or incorporated by reference herein. No subsequent modification(s) or amendments to this agreement shall be of any force or effect unless in writing, signed by authorized representatives of the RECIPIENT and DEPARTMENT and made a part of this agreement; EXCEPT a letter amendment will suffice to redistribute the budget without increasing the total eligible project cost or to charge the DEPARTMENT's Project Officer or the RECIPIENT's Project Coordinator or to extend the period of perforrnance as set forth on the Grant Cover Sheet. IN WITNESS WHEREOF, the parties hereby execute this Grant Agreement: STATE OF WASHINGTON DEPARTMENT OF ECOLOGY Carol L. Fleskes Program Manager Shorelands and Water Resources Program Approved as to form only by the Assistant Attorney General Date CITY OF YAKIMA 7/24/96 Signature, Authorized Official Date R.A. Zais Print Name of Authorized Official City Manager Title of Authorized Official Federal Identification Number: '31-6001193 Note' Insert additional signature block(s) and/or page(s) if more than one signature block is required ) 8 of 8 GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements of the Department of Ecology A. RECIPIENT PERFORMANCE All activities for which grant/loan funds are to be used shall be accomplished by the RECIPIENT and RECIPIENT's employees. The RECIPIENT shall not assign or subcontract performance to others unless specifically authorized in writing by the DEPARTMENT. B. SUBGRANTEE/CONTRACTOR COMPLIANCE The RECIPIENT mist ensure that all subgrantees and contractors comply with the terms and conditions of this agreement. C. THIRD PARTY BENEFICIARY The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this agreement, the state of Washington is named as an express third -party beneficiary of such subcontracts with full rights as such. D. CONTRACTING FOR SERVICES (BIDDING) Contracts for construction, purchase of equipment and professional architectural and engineering services shall be awarded through a competitive process, if required by State law. RECIPIENT shall retain copies of all bids received and contracts awarded, for inspection and use by the DEPARTMENT. E. ASSIGNMENTS No right or claim of the RECIPIENT arising under this agreement shall be transferred or assigned by the RECIPIENT. F. COMPLIANCE WITH ALL LAWS 1. The RECIPIENT shall comply fully with all applicable Federal, State and local laws, orders, regulations and permits. Prior to commencement of any construction, the RECIPIENT shall secure the necessary approvals and permits required by authorities having jurisdiction over the project, provide assurance to the DEPARTMENT that all approvals and permits have been secured, and make copies available to the DEPARTMENT upon request. 2. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by all Federal and State laws, regulations, and policies against discrimination The RECIPIENT further agrees to affirmatively support the program of the Office of Minority and Women's Business Enterprises to the maximum extent possible. The RECIPIENT shall report to the DEPARTMENT the percent of grant/loan funds available to women or minority owned businesses. 3. Wages And Job Safetv. The RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety. 4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. If the RECIPIENT fails to comply with such laws, the DEPARTMENT shall have the right to immediately terminate this agreement for cause as provided in Section K.1, herein. G. KICKBACKS The RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this project to give up any part of the compensation to which he/she is otherwise entitled or, receive any fee, commission or gift in return for award of a subcontract hereunder. H. AUDITS AND INSPECTIONS 1. The RECIPIENT shall maintain complete program and financial records relating to this agreement. Such records shall clearly indicate total receipts and expenditures by fund source and task or object. the grant/loan agreement and performed after the effective date and prior to the expiration date of this agreement, unless those dates are specifically modified in writing as provided herein. 4. Final Requests) for Payment. The RECIPIENT must submit final requests for compensation wit'- forty-•five(45) days after the expiration date of this agreement and within fifteen (15) days after end of a fiscal biennium. Failure to comply may result in delayed reimbursement. 5. Performance Guarantee. The DEPARTMENT may withhold an amount not to exceed ten percent (10%) of each reimbursement payment as security for the RECIPIENT's performance and a financial bond. Monies withheld by the DEPARTMENT may be paid to the RECIPIENT when the project(s) described herein, or a portion thereof, have been completed if, in the DIEPARTMENT's sole discretion, such payment is reasonable and approved according to this agreement and, as appropriate, upon completion of an audit as specified under section 1.6., herein. 6. Unauthorized Expenditures. All payments to the RECIPIENT shall be subject to final audit by the DEPARTMENT and any unauthorized expenditure(s) charged to this grant/loan shalt be refunded to the DEPARTMENT by the RECIPIENT. 7. Mileage and Per Diem. If mileage and per diem are paid to the employees of the RECIPIENT or other public entities, it shall not exceed the amount allowed under state law. 8. Overhead Costs. No reimbursement for overhead costs shall be allowed unless provided for in the Scope of Work hereunder. K. TERMINATION 1. For Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT, to perform any obligation required of it by this agreement, the DEPARTMENT may refuse to pay any further funds thereunder and/or terminate this agreement by giving written notice of termination. A written notice of termination shall be given at least five working days prior to the effective d of tenennation. In that event, all finished or unfinished documents, data studies, surveys., drawin, maps, models, photographs, and reports or other materials prepared by the RECIPIENT' under this agreement, at the option of the DEPARTMENT, shall become Department property and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed ons such documents and other materials. Despite the above, the RECIPIENT shall not be relieved of any liability to the DEPARTMENT for damage sustained by the DEPARTMENT and/or the State of Washington because of any breach of agreement by the RECIPIENT. The DEPARTMENT may withhold payments for the purpose of setoff until such time as the exact amount of damages due the DEPARTMENT from the RECIPIENT is determined. 2. Insufficient Funds. The obligation of the DEPARTMENT to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment. When this agreement crosses over state fiscal years the obligation of the DEPARTMENT is contingent upon the appropriation of funds during the next fiscal year. The failure to appropriate or allot such funds shall be good cause to terminate this agreement as provided in paragraph K.1 above. When this agreement crosses the RECIPIENT"s fiscal year, the obligation of the RECIPIENT to continue or complete the project described herein shall be contingent upon appropriation of funds by the RECIPIENT's governing body; Provided, however„ that nothing contained herein shall preclude the DEPARTMENT from demanding repayment of ALL funds paid to the RECIPIENT in accordance with Section 0 herein. 3. Failure to Commence Work. In the event the RECIPIENT fails to connmence work on the project funded herein within four months after the effective date of this agreement, or by any date mutuall- agreed upon in writing for commencement of work, the DEPARTMENT reserves the right terminate this agreement. As appropriate, all materials shall be published on both sides of the paper and shall minimize the use of glossy or colored paper and other items which reduce the recyclability of the document. O. RECOVERY OF PAYMENTS TO RECIPIENT The right of the RECIPIENT to retain monies paid to it as reimbursement payments is contingent upon satisfactory performance of this agreement including the satisfactory completion of the project described in the Scope of Work. In the event the RECIPIENT fails, for any reason, to perform obligations required of it by this agreement, the RECIPIENT may, at the DEPARTMENT's sole discretion, be required to repay to the DEPARTMENT all grant/loan funds disbursed to the RECIPIENT for those parts of the project that are rendered worthless in the opinion of the DEPARTMENT by such failure to perform. Interest shall accrue at the rate of twelve percent (12%) per annum from the time the DEPARTMENT demands repayment of funds. If payments have been discontinued by the DEPARTMENT due to insufficient funds as in Section K.2 above, the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. Any property acquired under this agreement, at the option of the DEPARTMENT, may become the DEPARTMENT'S property and the RECIPIENT'S liability to repay monies shall be reduced by an amount reflecting the fair value of such property. P. PROJECT APPROVAL The extent and character of all work and services to be performed under this agreement by the RECIPIENT shall be subject to the review and approval of the DEPARTMENT through the Project Officer or other designated official to whom the RECIPIENT shall report and be responsible. In the event there is a dispute with regard to the extent and character of the work to be done, the determination of the Project Officer or other designated official as to the extent and character of the work to be done shall govern. The RECIPIENT shall have the right to appeal decisions as provided for below. Q. DISPUTES Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement which is not disposed of in writing shall be decided by the Project Officer or other designated official who shall provide a written statement of decision to the RECIPIENT. The decision of the Project Officer or other designated official shall be final and conclusive unless, within thirty days from the date of receipt of such statement, the RECIPIENT mails or otherwise furnishes to the Director of the DEPARTMENT a written appeal. In connection with appeal of any proceeding under this clause, the RECIPIENT shall have the opportunity to be heard and to offer evidence in support of this appeal. The decision of the Director or duly authorized representative for the determination of such appeals shall be final and conclusive. Appeals from the Director's determination shall be brought in the Superior Court of Thurston County. Review of the decision of the Director will not be sought before either the Pollution Control Hearings Board or the Shoreline Hearings Board. Pending final decision of dispute hereunder, the RECIPIENT shall proceed diligently with the performance of this agreement and in accordance with the decision rendered. R. CONFLICT OF INTEREST No officer, member, agent, or employee of either party to this agreement who exercises any function or responsibility in the review, approval, or carrying out of this agreement, shall participate in any decision which affects his/her personal interest or the interest of any corporation, partnership or association in which he/she is, directly or indirectly interested; nor shall he/she have any personal or pecuniary interest, direct or indirect, in this agreement or the proceeds thereof. S. IND INDEMNIFICATION 1. The DEPARTMENT shall in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. 2. To the extent that the Constitution and laws of the State of Washington permit, each party shall indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this agreement. Grantee Sworn Statement of Compliance with Minority- and Woman -owned Business Utilization Requirements Grant Number The undersigned, being first duly sworn, on oath, states on behalf of the GRANTEE as follows: The following affirmative steps in awarding contracts and subcontracts will be taken: 1. Include qualified minority, and women's business on solicitation lists; 2. Insure that qualified minority, and women's businesses are solicited whenever they are potential sources of services or supplies; 3. Divide the total requirements, when econornically feasible into smaller tasks or quanti- ties to permit maximum participation by qualified minority, and women's business; 4. Establish delivery schedules, where requirements of the work permit, which will en- courage participation of qualified minority and women's business; and 5 Use the services and assistance of the state Office of Minority and Woman Owned - Bus mess, and the Office of Minority Business Enterprises of the U.S. Department of Commerce as appropriate. State of Washington County of Ya'. --in" 01'72Elli ,"'"- V LY191— y\o4�fsxPtRFt �� tho ' = • Signature Date ��e oAP: '4 tanager u J Nea MiARCo�" r4E �gs Subscribed and sworn to before me this 24 day of J u l Y , 19 96 Washington NOTARY PUBLIC in and for the State of residing �n My commission expires 3 /13 /2000 Yakima Signature of notary FCAAP EMERGENCY GRANT NO. G9700032 between the STATE OF WASHINGTON DEPARTMENT OF ECOLOGY and the CITY OF YAKIMA Project: Naches River Levee Repair - Water Treatment Plant Site THIS is a binding agreement entered into by and between the State of Washington, Department of Ecology, (PO Box 47690, Olympia, Washington, 98504-7690) hereinafter referred to as the "DEPARTMENT" or as "ECOLOGY" and the City of Yakima, hereinafter referred to as the "RECIPIENT" to carry out the activities described herein as authorized by special Legislative appropriation for the repair or replacement of dikes or levees and Chapters 86.26 RCW, 86.12 RCW, and further described in Chapter 173-145 WAC. Recipient Name: Recipient Project Coordinator: Telephone Number Fax Number Project Officer for the Department: Telephone Number Fax Number City of Yakima Water/Imgation Division 129 N Second Street Yakima, WA 98901-0000 Dennis E. Covell, P.E. 509-576-6313 509-575-6105 Dave Burdick Northwest Regional Office - Bellevue 206-649-7139 206-649-7098 The Source of Funds provided by the DEPARTMENT are the Flood Control Assistance Account Program funds Grant Amount: Maximum Eligible Project Cost: Maximum State Grant Share Estimated Local Share. $51,000 $ 8,800 $42,200 State Maximum Cost Share Rate- 20% UP TO a maximum State Share of $8,800. The EFFECTIVE DATE of this grant is November 1, 1995. Any work performed prior to the effective date of this agreement without prior written authorization and specified in the Scope of Work will be at the sole expense and nsk of the RECIPIENT. The Project descnbed herein must be completed on or before June 30, 1997 THE EXPIRATION DATE of this agreement is June 30, 1997. 1 of 8 Flood Control Assistance Account Program Grant No G9700032 between the Department of Ecology and the Cm of Yakima SCOPE OF WORK Project Title: Naches River Levee Repair - Water Treatment Plant Site Description: The Recipient shall repair two sections of levee damaged in the November, 1995 and February, 1996 floods in order to protect the Yakima Water Treatment Plant serving approximately 47,000 people. Repairs consist of replacing the toe and riverward slope of a 70 foot levee section with riprap to pre -flood conditions, and replacing the levee toe and reconstructing and armoring the eroded slope of another 100 foot section with riprap FCAAP funds will serve as match for U.S Army Corps of Engineers funding Project Location: Yakima County Section 24, Township 14N, Range 17E.; left bank of the Naches River about 7 miles northwest of °the City of Yakima near riverrniie (RM) 9 Performance To assist the Recipient and ensure project results are consistent with the state Coordination: laws and regulations for flood damage reduction, the Recipient, as part of this agreement shall coordinate with Ecology's Project Officer, Dave Burdick, phone 206-649-7139 for technical assistance by means of telephone conferences or meetings at the beginning of each quarter. Recipients are encouraged to coordinate more often whenever the Department can provide technical assistance or respond to questions regarding the project or grant. Work Program: The RECIPIENT shall comply with the local Comprehensive Flood Hazard Management Plan if applicable, Shoreline Master Program, local comprehensive plan, and zoning ordinance and shall have acquired all necessary federal state and local permits Copies of all permits, plans and specifications shall be sent to Ecology prior to the commencement of work. Dike or levee repair/replacement shall be made to meet or exceed generally accepted engineering standards. Work tasks include Task 1: "Type A" Levee Repaiir The Recipient shall repair and restore approxirnately 70 feet of levee to pre -flood conditions. a Levee toe. repairs shall be made using approxirnately 300 c y riprap of class V rock b Riverward slope. repairs shall be made using approximately 200 c.y riprap of Class IV for erosion prevention Task 2: "Type B" Levee Repair The City shall repair and restore approximately 100 feet of levee as follows 2 of 8 Fluod Control Assistance Account Program Grant No G9700032 between the Department of Ecology and the Cit of Yakima a Levee toe: repairs shall be made using approximately 400 c.y. riprap of class V rock. b. Levee embankment: replace lost embankment with approximately 300 c.y. of granular fill. c. Riverward slope: repairs shall be made using approximately 200 c.y. riprap of Class IV, 3 feet thick for erosion prevention. Deliverables: a. Two sets. As -built drawings, signed and sealed by a licensed professional engineer. b. Two copies: Final project summary report, signed by the Project Engineer declaring that the project was, to the best of his/her knowledge, constructed and completed in accordance with the construction plans and specifications and generally accepted engineering/construction practice c Two sets. Photographic documentation (35mm color prints) of the project before and after construction in sufficient quantity to effectively illustrate important phases of construction and project progress Date Due: June 30, 1997 Note: The RECIPIENT shall notify the DEPARTMENT in writing of the projects completion and arrange for final inspection of the project by the DEPARTMENT. DELIVERABLES The Recipient shall send three copies of the final summary report to Ecology Headquarters at the following address Bev Huether WA State Department of Ecology Shorelands and Water Resources Program P 0 Box 47600 Olympia, WA 98504-7600 BUDGET Budget Conditions 3 of 8 Flood Control Assistance Account Program Grant No G9700032 between the Department of Ecology and the Cate of Yakuna 1 Expenditures will be monitored by the Ecology Fiscal Office for compliance with the EXPENDITURE BUDGET (listed below) at the PROJECT LEVEL. 2 For the administration of this agreement the Recipient shall follow the "Administrative Requirements for Ecology Grants and Loans", July 1995 edition. 3 Ecology forms contained in the "Administrative Requirements for Ecology Grants and Loans" must be used for payment requests, otherwise requests will be returned to the Recipient for submittal on the correct forms. The Recipient may reproduce these forms on computer as a facsimile of Ecology forms with the exception of Form A (A19 -1A Invoice Voucher). 4 Before the final payment can be released, the RECIPIENT shall notify the DEPARTMENT in writing of the projects completion and arrange for final inspection of the project by the DEPARTMENT 5 Funding for this project is contingent upon acquisition of all required permits In addition, failure to comply with required permits constitutes a breach of contract which could result in termination of this agreement. 6 Expenditure Budget: (for Recipient reporting and Ecology tracking purposes). Maximum eligible project costs $51,000 Maximum FCAAP/State costs. $48,80C) Local match Eligibie costs will be reimbursed at a rate of 20% UP TO a maximum State Share of $8,8C" 7 Estimated Costs (for information only) oesonct on c::y Ltt unit Fence �1 E-cn ng,'Desgn (Federa) - pens`specs 57,(300 2 Eau' pmerrt Mba1i71on acid T diL tOn •j — LS 53, 000 2 C3anua: Fill 300 . CY $10.00 $3,(00 3 Ga IV neap ' 4(0 CY $26.(0 $10,400 4 Ca., V n prap 1 7(X) CY Sr 00 $18,900 ' Subtotal $42,300 6 Project Supervis+on and ir6pzcZion 1 $5'C00 subtotal I 547,300 1 , 53,700 7 Contingency (10'/0) Total Project Cost • $51,000 8 Match Requirements The RECIPIENT's local match shall consist of Army Corps of Engineers funding 4 of 8 Flood Control Assistance Account Program Grant No G9700032 between the Department of Ecology and the Cite of Yakima Special Terms and Conditions AGREEMENT PROVISIONS A. FCAAP PROVISIONS This grant is made in response to a request for financial assistance for the City of Yakima for recovery from damages incurred in the November, 1995 and February, 1996 floods. The State is not requiring the Naches River Levee be retained, or that it be retained in the existing location The decision to retain or remove the Naches River Levee is a local decision and the purview of the City of Yakima However, if the local decision is to retain the Naches River Levee, then the City of Yakima is responsible to maintain the Naches River Levee in a manner and condition in accordance with accepted engineering practice. Failure to maintain the dike or levee in said manner and condition may be grounds for denial of FCAAP funding for damages incurred in future floods B Compliance with All Laws: The Recipient shall comply fully with ail applicable Federal, State and Local laws, orders, regulations and permits. The Recipient shall make its best effort to comply with the deadlines and requirements of the Growth Management Act as a special condition of this grant agreement. Prior to commencement of any construction, the Recipient shall secure the necessary approvals and permits required by authorities having jurisdiction over the project and submit copes of all permits and approvals, construction plans and specifications to the Department. C Responsibilities of the RECIPIENT's Project Coordinator: The Project Coordinator shall be responsible for the procedural obligations under this grant in addition to his/her duty to coordinate the construction effort hereunder. S/he shall cooperate with all parties concerned in every way possible to promote successful completion of the services described in the Scope of Work D Period of Compliance Any purchases or contracts initiated by the RECIPIENT under this agreement after the effective date of the agreement shall comply with all provisions herein. E Failure to Commence Work in the event the RECIPIENT fails to commence work on the project funded herein within four months after the execution of the grant agreement the DEPARTMENT reserves the nght to terminate this agreement 5 of 8 Flood Control Assistance .Account Program Grant No G9700032 between the Department of 'Ecology and the City of Yakima F Access to Records and Right to Audit 1. The RECIPIENT agrees that the Auditor for the State of Washington shall, until the expiration of three (3) years after expenditure of funds under this grant, have access to and the right to examine any directly pertinent books, documents, papers, and records of the RECIPIENT involving transactions related to this grant. The RECIPIENT agrees to in- clude the substance of this paragraph into all grants and subcontracts payable from contract funds in whole or in part. 2 The RECIPIENT agrees that payment(s) made under this grant shall be subject to reduction for amount charged thereto which are found after audit examination not to constitute allowable costs under this grant. The RECIPIENT shall refund by check payable to the DEPARTMENT the amount of such reduction of payments under com- pleted or terminated grants G Maintenance of Records: All required records shall be maintained until a state audit is completed and all questions arising therefrom are resolved, or three (3) years after completion of a project, whichever is sooner H (Sub) Contractor Compliance: It is the responsibility of the Recipient to ensure that all sub -recipients and contractors comply with the terms and conditions of the agreement and that the State of Washington is named a' an express third -party beneficiary of such subcontracts with full rights as such. I Minority and Women's Business Participation The RECIPIENT agrees to utilize to the maximum extent possible, minority-owned and women owned businesses in purchases and contracts initiated after the effective date of this agreement. In the absence of more stringent goals established by the RECIPIENT'S jurisdiction, the RECIPIENT agrees to utilize the DEPARTMENT's goals for minority and women owned business participation in all bid packages, requests for proposals, and purchase orders. These goals are expressed as a percentage of the total dollars available for the purchase or contract and are as follows Minority owned business participation 10% Women owned business participation. 6% The RECIPIENT and ALL prospective bidders or persons submitting qualifications shall take the following steps in any procurement initiated after the effective date of this agreement: 1 Include qualified minority and women's businesses on solicitation lists; 2 Ensure that qualified minority and women's businesses are solicited wherever they are potential sources of services or supplies, 3 Divide the total requirements, when economically feasible into smaller tasks or quantitie: permit maximum participation by qualified minority, and women's businesses, 6 of 8 Flood Control Assistance Account Program Grant No G9700032 between the Department of Ecology and the City of Yakima 4 Establish delivery schedules, where requirements of the work permit, which will encourage participation of qualified minority, and women's businesses; and 5. Use the services and assistance of the State Office of Minority and Women's Business Enterprises, and the Office of Minority Business Enterprises of the US Department of Commerce as appropriate. The RECIPIENT shall provide written certification, on a form provided by the DEPARTMENT, that the above steps were/will be followed. Any contractor engaged by the Recipient under this agreement shall be required to follow the above five affirmative steps in the award of any subcontracts. The RECIPIENT shall report to the DEPARTMENT at the time of submitting each invoice, on forms provided by the DEPARTMENT, payments made to qualified firms. The report will address: 1 Name and State OMWBE certification number of any qualified firm receiving funds under the voucher, Including any sub and/or sub -subcontractors; 2 The total dollar amount paid to qualified firms under this invoice. J FINANCIAL GUIDELINES The RECIPIENT shall comply with the DEPARTMENT's current edition of the "Administrative Requirements for Ecology Grants and Loans" (Ecology publication number 91-18), July 1995 edition The RECIPIENT shall be responsible for maintaining appropriate financial records throughout the life of the project and in accordance with these guidelines. K PAYMENT REQUESTS Requests for reimbursement shall be submitted within 30 days of project completion at which time the Recipient shall arrange for final inspection of the project by the DEPARTMENT. by the RECIPIENT on state invoice voucher forms (A19 -1A, Form A) provided by the DEPARTMENT Each request for payment must include supporting documentation provided to the DEPARTMENT on Form B, "Running Budget Summary", and Form C. Voucher Support" (the RECIPIENT can substitute a reasonable computerized facsimile spreadsheet in a similar format with the same headings for forms B and C.). All expenses in each task shall be grouped together. A separate page or subtotal shall be used for each task with a summary page totaling costs. NOTE Ecology forms contained in the "Administrative Guidelines for Ecology Grants and Loans" must be used for payment requests, otherwise requests will be returned to the RECIPIENT for submittal on the correct forms. The RECIPIENT may reproduce these forms on computer as a facsimile of Ecology forms with the exception of Form A (A19 -1A Invoice Voucher) Complete backup documents (to include but not limited to all invoiced costs, time sheets [signed and dated by both employee and supervisor], etc) MUST be maintained by the RECIPIENT. These expenses will be kept in grant files according to budget task for a period of three years after project completion and made available at any time for inspection by the DEPARTMENT. 7 of 8 Flood Control Assistance Account Program Grant No G9700032 between the Department of lEcology and the City of Yakima Final payment of grant projects is contingent on Ecology's inspection and approval of flood damage reduction projects. L. All Writings Contained Herein This agreement, the appended "General Terms and Conditions", and the DEPARTMENT'S current edition of "Administrative Requirements for Ecology Grants and Loans", contains the entire understanding between the parties, and there are no other understandings or representations except those set forth or incorporated by reference herein. No subsequent modification(s) or amendments to this agreement shall be of any force or effect unless in writing, signed by authorized representatives of the RECIPIENT and DEPARTMENT and made a part of this agreement; EXCEPT a letter amendment will suffice to redistribute the budget without increasing the total eligible project cost or to change the DEPARTMENT's Project Officer or the RECIPIENT's Project Coordinator or to extend the period of performance as set forth on the Grant Cover Sheet. IN WITNESS WHEREOF, the parties hereby execute this Grant Agreement: STATE OF WASHINGTON DEPARTMENT OF ECOLOGY CI'T'Y OF YAKIMA Carol L Fieskes Program Manager Shorelends and Water Resources Program Approved as to form only by the Assistant Attorney General Date 7/24/96 Signaiure, Aut iorized Official R.A. Zais Date Print Name of Authorized Official City Manager Title of Authorized Official Federal Identification Number. 91-6001293 Note Insert additional signature block(s) and/or page(s) if more than one signature block is required ) 8 of 8 GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements of the Department of Ecology A. RECIPIENT PERFORMANCE All activities for which grant/loan funds are to be used shall be accomplished by the RECIPIENT and RECIPIENT's employees. The RECIPIENT shall not assign or subcontract performance to others unless specifically authorized in writing by the DEPARTMENT. B. SUBGRANTEE/CONTRACTOR COMPLIANCE The RECIPIENT must ensure that all subgrantees and contractors comply with the terms and conditions of this agreement. C. THIRD PARTY BENEFICIARY The RECIPIENT chat! ensure that in all subcontracts entered into by the RECIPIENT pursuant to this agreement, the state of Washington is named as an express third -party beneficiary of such subcontracts with full rights as such. D. CONTRACTING FOR SERVICES (BIDDING) Contracts for construction, purchase of equipment and professional architectural and engineering services shall be awarded through a competitive process, if required by State law. RECIPIENT shall retain copies of all bids received and contracts awarded, for inspection and use by the DEPARTMENT. E. ASSIGNMENTS No right or claim of the RECIPIENT arising under this agreement shall be transferred or assigned by the RECIPIENT. F. COMPLIANCE WITH ALL LAWS 1. The RECIPIENT shall comply fully with all applicable Federal, State and local laws, orders, regulations and permits. Prior to commencement of any construction, the RECIPIENT shall secure the necessary approvals and permits required by authorities having jurisdiction over the project, provide assurance to the DEPARTMENT that all approvals and permits have been secured, and make copies available to the DEPARTMENT upon request. 2. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by all Federal and State laws, regulations, and policies against discrimination The RECIPIENT further agrees to affirmarively support the program of the Office of Minority and Women's Business Enterprises to the maximum extent possible. The RECIPIENT shall report to the DEPARTMENT the percent of grant/loan funds available to women or minority owned businesses. 3. Wages And Job Safety. The RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety. 4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. If the RECIPIENT fails to comply with such laws, the DEPARTMENT shall have the right to immediately terminate this agreement for cause as provided in Section K.1, herein. G. KICKBACKS The RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this project to give up any part of the compensation to which he/she is otherwise entitled or, receive any fee, commission or gift in return for award of a subcontract hereunder. H. AUDITS AND INSPECTIONS 1. The RECIPIENT shall maintain complete program and financial records relating to this agreement. Such records shall clearly indicate total receipts and expenditures by fund source and task or object. 4. Final Requests) for Payment. The RECIPIENT must submit final requests for compensation wi forty-five(45) days after the expiration date of this agreement and within fifteen (15) days after end of a fiscal biennium. Failure to comply may result in delayed reimbursement. the grant/loan agreement and performed after the effective date and prior to the expiration date of this agreement, unless those dazes are specifically modified in writing as provided herein. 5. Performance; Guarantee. The DEPARTMENT may withhold an amount not to exceed ten percent (10%) of each reimbursement payment as security for the REC 1' IENT's performance and a financial bond. Monies withheld by the DEPARTMENT may be paid to the RECIPIENT when the project(s) described herein, or a portion thereof, have been completed if, in the DEPARTMENT's sole discretion, such payment is reasonable and approved according to 'this agreement and, as appropriate, upon completion of an audit as specified under section J.6., herein. 6. Unauthorized Expenditures. All payments to the RECIPIENT shall be subject to final audit by the DEPARTMENT and any 'motorized expenditure(s) charged to this grantlloan shall be refunded to the DEPARTMENT by the RECIPIENT. 7. Mileage and, Per Diem. If mileage and per diem are paid to the employees of the RECIPIENT or other public entities, it shall not exceed the amount allowed under state law. 8. Overhead Costs. No reimbursement for overhead costs shall be allowed unless provided for in the Scope of Work hereunder. K. TER LNATION 1. For Cause. The obligation of the DEPARTMENT to the RECIPIENT is com,ingent upon satisfactory performance by the RECIPIENT of all of its obligations under this agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of the :DEPARTMENT, to perform any obligation required of it by this agreement, the DEPARTMENT may refuse to pay any further funds thereunder andlor terminate this agreement by giving written notice of termination. A written notice of termination hall be given at least five working days prior to the effective c of ternunation. In that event, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT under this agreement, at the option of the DEPARTMENT, shall become Department propeny and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Despite the above, the RECIPIENT shall not be relieved of any liability to the :DEPARTMENT for damages sustained by the DEPARTMENT andlor the State of Washington because of any breach of agreement by the RECIPIENT. The DEPARTMENT may withhold payments for the purpose of setoff until such time as the exact amount of damages due the DEPARTMENT from the RECIPIENT is determined. 2. Insufficient Funds. The obligation of the DEPARTMENT to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment. When this agreement crosses over state fiscal years the obligation of the DEPARTMENT is contingent upon the appropriation of funds during the next fiscal year. The failure to appropriate or allot such funds shall be good cause to terminate this agreement as provided in paragraph K.1 above. When this agreement crosses the RECIPIENT"s fiscal year, the obligation of the RECIPIENT to continue or complete the project described herein shall be contingent upon appropriation of funds by the RECIPIENT's governing body; Provided, however, that nothing contained herein shall preclude the DEPARTMENT from demanding repayment of ALL funds paid to the RECIPIENT in accordance with Section 0 herein. 3. Failure to Commence Work. In the event the RECIPIENT fails to commence work on the projece funded herein within four months after the effective date of this agreement, or by any date mutua agreed upon in writing for commencement of work, the DEPARTMENT reserves the right terminate this agreement. As appropriate, all materials shall be published on both sides of the paper and shall minimize the use of glossy or colored paper and other items which reduce the recyclability of the document. O. RECOVERY OF PAYMENTS TO RECIPIENT The right of the RECIPIENT to retain monies paid to it as reimbursement payments is contingent upon satisfactory performance of this agreement including the satisfactory completion of the project described in the Scope of Work. In the event the RECIPIENT fails, for any reason, to perform obligations required of it by this agreement, the RECIPIENT may, at the DEPARTMENT's sole discretion, be required to repay to the DEPARTMENT all grant/loan funds disbursed to the RECIPIENT for those parts of the project that are rendered worthless in the opinion of the DEPARTMENT by such failure to perform. Interest shall accrue at the rate of twelve percent (12%) per annum from the time the DEPARTMENT demands repayment of funds If payments have been discontinued by the DEPARTMENT due to insufficient funds as in Section K.2 above, the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. Any property acquired under this agreement, at the option of the DEPARTMENT, may become the DEPARTMENT'S property and the RECIPIENT'S liability to repay monies shall be reduced by an amount reflecting the fair value of such property. P. PROJECT APPROVAL The extent and character of all work and services to be performed under this agreement by the RECIPIENT shall be subject to the review and approval of the DEPARTMENT through the Project Officer or other designated official to whom the RECIPIENT shall report and be responsible. In the event there is a dispute with regard to the extent and character of the work to be done, the determination of the Project Officer or other designated official as to the extent and character of the work to be done shall govern. The RECIPIENT shall have the right to appeal decisions as provided for below. Q. DISPUTES Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement which is not disposed of in writing shall be decided by the Project Officer or other designated official who shall provide a written statement of decision to the RECIPIENT. The decision of the Project Officer or other designated official shall be final and conclusive unless, within thirty days from the date of receipt of such statement, the RECIPIENT rmils or otherwise furnishes to the Director of the DEPARTMENT a written appeal. In connection with appeal of any proceeding under this clause, the RECIPIENT shall have the opportunity to be heard and to offer evidence in support of this appeal. The decision of the Director or duly authorized representative for the determination of such appeals shall be final and conclusive. Appeals from the Director's determination shall be brought in the Superior Court of Thurston County. Review of the decision of the Director will not be sought before either the Pollution Control Hearings Board or the Shoreline Hearings Board. Pending final decision of dispute hereunder, the RECIPIENT shall proceed diligently with the performance of this agreement and in accordance with the decision rendered. R. CONFLICT OF INTEREST No officer, member, agent, or employee of either parry to this agreement who exercises any function or responsibility in the review, approval, or carrying out of this agreement, shall participate in any decision which affects his/her personal interest or the interest of any corporation, partnership or association in which he/she is, directly or indirectly interested; nor shall he/she have any personal or pecuniary interest, direct or indirect, in this agreement or the proceeds thereof. S. INDEMNIFICATION 1. The DEPARTMENT shall in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. 2. To the extent that the Constitution and laws of the State of Washington permit, each party shall indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that parry or that parry's agents or employees arising out of this agreement. Grantee Sworn Statement of Compliance wffth Minority- and Woman -owned Business Utilization Requirements Grant Number The undersigned, being first duly sworn, on oath, states on behalf of the GRANTEE as follows: The following affirmative steps in awarding contracts and subcontracts will be taken: 1. Include qualified minority, and women's business on solicitation lists; 2. Insure that qualified minority, and women's businesses are solicited whenever they are potential sources of services or supplies; 3. Divide the total requirements, when economically feasible into smaller tasks or quanti- ties to permit maximum participation by qualified minority, and women's business; 4. Establish delivery schedules, where requirements of the work permit, which will en- courage participation of qualified minority and women's business; and 5. Use the services and assistance of the state Office of Minority and Woman C)vvned- Busine.ss, and the Office of Minority Business Enterprises of the U.S. Department of Commerce as appropriate. State of Washington County of Yakima Subscribed and sworn to before me this _ 7/24/96 Authorized Signature Date Cit`- Manager }SS 24 Title day of July 19 -96 NOTARY PUBLIC in and for the State of Washington residing in Yakima My commission expires 3/18/2000 �2.—�Lru�- i'> 0 Signature of notary ITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL. YAKIMA, WASHINGTON AGENDA STATEMENT Item No. ti For Meeting Of 8/6/96 Resolution Authorizing Execution of FCAAP Emergency Grants Between the City of Yakima and State of Washington Department of Ecology for Dike Repairs Chris Waarvick, Wastewater Superintendent Duane Calvin, Water Superintendent CONTACT PERSON/TELEPHONE: Chris Waarvick/575-6078 SUMMARY EXPLANATION: In February of 1996, dike and levee structures at the Water and Wastewater facilities were damaged by flood waters. City Council has previously approved an agreement between the US Army Corp of Engineers and the City for dike repairs on a 80%/20% cost share of eligible work. The City submitted an additional application for dike repair assistance with the Department of Ecology on a statewide competitive basis. The application was accepted and grant award has been made to the City. City Council is respectfully requested to ratify by resolution the two (2) grant documents attached and already executed by the City Manager to keep the pace of cash flow favorable to the City. Normally, it is this Division's practice to submit executable contracts to City Council before execution. However, to keep the funding process in action, we have transmitted signed contracts to Ecology totaling $53,800 in available grant monies. This will be used to cover local match with the Corp of Engineers work and non -eligible (from the Corp's perspective) dike and levee work. This will assist in completing repair work necessary to allow the Greenway to begins its pathway restoration. Resolutions X Ordinance Contract X Other (Specify) Grant Documents Funding Source This is a revenue to the City for Project 1777 APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Approve the attached resolution ratifying the execution of the two attached grant documents with Washington State Department of Ecology. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: fcaap emergency grant July 31 1996 cw