HomeMy WebLinkAboutR-2014-069 Riparian Zone Outfall Improvements Grant from DOE (WWTP and Water Treatment Intake Structure) G1400608A RESOLUTION
RESOLUTION NO. R-2014-069
authorizing the City Manager to execute an Agreement between the State
of Washington Department of Ecology ("Department of Ecology") and City
of Yakima for a grant of $500,000 for improvements related to the riparian
zone outfall alternatives at the City Wastewater Treatment Facility and the
City Water Treatment Intake Project on the Naches River.
WHEREAS, the City of Yakima owns and operates wastewater collection and treatment
facilities in accord with applicable Federal, State and Local regulations; and
WHEREAS, the City of Yakima wastewater treatment facility outfall discharges to the
Gap to Gap Reach of the Yakima River; and
WHEREAS, the levees 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, Yakima
Basin Integrated Plan and the Yakima County Flood Control Zone District; and
WHEREAS, the Outfall Relocation Project has been identified as an early
implementation action for the Yakima Basin Integrated Plan; and
WHEREAS, levy setback in the Gap to Gap Reach of the Yakima River requires
construction of a new outfall in an alternative location for the City's treated wastewater to return
to the Yakima River; and
WHEREAS, the City has completed an engineering report that describes the
construction, operation and monitoring of the new outfall; and,
WHEREAS, the Department of Ecology has provided a conditional approval letter to
proceed with construction of the outfall project; and
WHEREAS, the City of Yakima own and operates a water treatment plant on the Naches
River; and
WHERAS, changes in the Naches River bed are lessening the reliability of the City
Water Treatment Plant intake; and
WHEREAS, the City is designing an environmentally beneficial project for stabilizing the
Naches River near the water treatment plant intake; and
WHEREAS, the Department of Ecology provided the City of Yakima a $500,000 grant to
complete the construction of these projects, and the parties have negotiated an agreement
setting forth the terms and conditions for such funding and construction of such projects, a copy
of which Grant Agreement (No. G1400608) is attached hereto as Exhibit "A" and incorporated
herein by this reference; and
WHEREAS, the City Council finds and determines that approval of such Grant
Agreement is in the best interests of residents of the City of Yakima and will promote the
general health, safety and welfare; now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute and administer the Grant Agreement with the
State of Washington Department of Ecology, which agreement is referenced above and
incorporated herein by reference, and to execute and administer all applicable documents and
agreements pursuant to such grant from the State of Washington Department of Ecology.
ADOPTED BY THE CITY COUNCIL this 20th day of May, 2014
ATTEST:
Vilit-'e Micah &AaYor
Claar Tee, City Clerk
A*ach rnen+
DEPARTMENT OF
ECOLOGY
For City of Yakima Use Only'
Contract No.
Project No9taiil t A -m.335
Resolution No.
SOO No.
State of Washington
GRANT G1400608
STATE OF WASHINGTON — DEPARTMENT OF ECOLOGY
and
CITY OF YAKIMA
This is a binding agreement entered into by and between the state of Washington, Department of Ecology (P.O.
Box 47600, Olympia, Washington, 98504-7600), hereinafter referred to as the "DEPARTMENT" and City of
Yakima, hereinafter referred to as the "RECIPIENT" to carry out the activities described herein.
RECIPIENT's Contact Information:
RECIPIENT Name: City of Yakima
Address: 129 N. 2nd Street
City, State, Zip: Yakima, WA 98901
TAX ID Number: 91-6001293
RECIPIENT's Authorized Representative: Tony O'Rourke
RECIPIENT's Telephone Numbers: (509) 249-6813 / (509) 575-6204
RECIPIENT's Project Coordinators: Ryan Anderson / David Brown
The source of funds from the DEPARTMENT is the State Building Construction Account.
For the purpose of this agreement, the Project Manager assigned for the DEPARTMENT is:
Heather Simmons
15 W. Yakima Ave Ste 200
Yakima, WA 98902
(509) 454-7207
For the purpose of this agreement, the Financial Manager assigned for the DEPARTMENT is:
Jim Skalski
P.O. Box 47600,
Olympia, WA 98504-7600
(360) 407-6617
Grant Amount: $500,000
Eligible Project Cost: $500,000
DEPARTMENT Share: $500,000
RECIPIENT Share (for informational purposes only since a match is not required):
$265,000 Naches River - RECIPIENT Contribution
$1,549,990 Yakima River — Other State Grants Support
The effective date of this grant is April :1, 2014. Any work performed prior to the effective date of this
agreement without prior written authorization and as specified in the Scope of Work will be at the sole expense
and risk of the RECIPIENT.
This agreement shall expire no later than June 30, 2015.
Grant G1400608
Project Title: Instream and Riparian Habitat Improvements and
Protection of Public Water Infrastructure
SCOPE OF WORK
The RECIPIENT will work to address continued channel changes around their water intake structure on the
Naches River, between Naches and Gleed along U.S. Highway 12. Additionally, the RECIPIENT is preparing
to construct an alternative outfall for its Wastewater Treatment Facility that incorporates floodplain restoration
in the Gap to Gap Reach (Selah to Parker) of the Yakima River. Both projects have multiple goals to increase
floodplain function related to salmon habitat improvements, reduce flood damage risk related to the
RECIPIENT's water infrastructure, and mitigate extreme low/high flow conditions by providing off -channel
habitat features that keep the river cooler during low flow and provide safe places for juvenile salmonids during
peak flow events.
Both the RECIPIENT drinking water intake and the wastewater treatment plant outfall are located in areas of
the Naches and Yakima River where dynamic floodplain process once created myriad habitats for salmon,
steelhead trout, and bull trout. Floodplain restoration and integrated habitat stabilization projects are proposed
at both sites to increase the reliability of public infrastructure and to optimize the habitat value of the sites.
In addition, increasing flood elevations in each reach are putting infrastructure at risk of flooding or loss of use
due to channel migration or flood related damages. These two projects are pro -active ways of responding to
changing river conditions and they create riparian functions and fish habitat.
The RECIPIENT will perform the following:
Task 1: Permitting for Naches and Yakima Rivers Project Sites
Schedule
April 1, 2014 — June 30, 2014
Description
Permitting support for the Naches River Intake and the Yakima River Outfall projects.
Deliverables
Permitting documents submitted to regulatory entities, to include: 1) USACOE 404 Permit F; 2) WSDOE 401
Water Quality Permit; 3) WDFW Hydraulic Permit Approval (HPA - JARPA form); 4) WSDOE Shoreline
Permit; and, 5) Yakima County Floodplain and Grading permits (if needed).
Estimated Budget: $15,000 (DEPARTMENT $15,000/RECIPIENT $0))
Task 2: Naches River Drinking Water Intake Implementation Project, Phase 1
Schedule
September 1, 2014 — June 30, 2015
Description
Ensure water can be extracted from the Naches River for the City of Yakima Drinking Water Treatment Plant.
Install one or more pilot structures to test process and allow for adjustments. Adjustments, if necessary, will be
incorporated in future projects as funding becomes available.
The RECIPIENT will install pilot ballasted log jam structures to review construction feasibility and planning
assumptions, assess performance of structures in actual local hydraulic and geomorphic site conditions, monitor
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Grant G1400608
and track local scour and bed/bank changes around the structure in response to a range of flows, and monitor
and track reach -scale response dynamics of the river to the structures. Information, data, and results from this
initial pilot installation will be incorporated, as needed, into subsequent phases of work.
The RECIPIENT will install the pilot structure in a location that will become inundated during local seasonal
flows. The RECIPIENT will initiate a monitoring program to track and document performance of the
structures. Continued installation of subsequent phases of work will occur if additional funding can be secured.
Work to include:
• Mobilization a
• Diversion and Discharge Structures
• Excavation and Erosion Control
• Construct one to three pilot ballasted log jam structures
• Demobilization
Deliverables
• Final design reviewed by the local Technical Advisory Group (TAG). The TAG consists of local, state,
federal, and tribal representatives.
• Final review and assessment of construction feasibility and submitted to DEPARTMENT before
implementation.
• One to three ballasted log jam structures are constructed and installed.
• Monitoring plan for local scour and reach scale channel response dynamic is implemented.
Estimated Budget: $500,000 (DEPARTMENT $235,000/RECIPIENT $265,000)
Task 3: City of Yakima Wastewater Treatment Facility Outfall Project
Schedule
July 1, 2014 — June 30, 2015
Description
The purpose of this task is to construct an alternative outfall for the City of Yakima's Wastewater Treatment
Plant that will redirect effluent into a restored floodplain. This will improve floodplain function and flood
conditions in the Gap to Gap reach of the Yakima River and allow the rest of the Gap to Gap levee setbacks to
proceed.
The RECIPIENT will construct a new outfall, which will include the following items:
• Construction mobilization and demobilization
• Excavation of trenches, channels, and erosion control
• Construction of diversion and discharge structures
• Placement of two 42 inch pipes and backfill
• Trail repair (at construction site)
• Construction of conveyance channel
In addition, the RECIPIENT will also use other DEPARTMENT funds (G 1400532) to excavate and construct
habitat features, such as two enhanced riffles with Large Woody Debris, two pilot channels, and plant riparian
vegetation in the project area.
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Grant G1400608
Deliverables
• Approvable plans and specifications submitted to the DEPARTMENT at 90 percent completion for
review and approval by the DEPARTMENT's Water Quality Program prior to solicitation of bids and
construction and be consistent with:
o Requirements state in Chapter 173-240 WAC, Submission of Plans and Reports for Construction
of Wastewater Facilities related to plans and specifications.
o Good engineering practices and generally recognized engineering standards, including, but not
limited to, the Criteria for Sewage Works Design (August 2008).
o The approved engineering report or Facilities Plan.
o Other reports approved by the DEPARTMENT that pertain to the PROJECT.
• Construction meeting minutes submitted to the DEPARTMENT.
• Final design for project, submitted to DEPARTMENT before implementation.
• One diversion box to redirect current outfall installed.
• Two outfall 42 inch pipes and two fish exclusion structures installed.
• Two conveyance channels constructed.
Estimated Budget: $250,000 (DEPARTMENT $250,000/RECIPIENT $0)
Additional relevant resources for Task 3 for information only but not part of budget:
• Ecology Centennial Clean Water Fund Grant
• Yakima Basin Integrated Plan Early Action Grant
$249,990
$1,300,000
Instream and Riparian Habitat Improvements and
Protection of Public Water Infrastructure
BUDGET
Estimated Grant Budget by Tasks
(Final `Budget by Task' and related payment
requests per each task's FY totals can vary over
the life of the agreement given written approval
from the DEPARTMENT'S Project Manager.)
FY 14
FY15
Total
Task 1. Permitting for Naches and
Yakima River sites
$15,000
-
$15,000
Task 2. Naches River Drinking Water
Intake Implementation Project, Phase 1
_
$235,000
$235,000
Task 3. Complete Construction of
Floodplain Restoration Outfall
-
$250,000
$250,000
Estimated Budget per FY
$15,000
$485,000
, ° .�2
Award
Total Grant A`x.:w.'.='.:°_.
``
x, e3..a
$500,000 000
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Grant G1400608
WORK PRODUCTS
Copies of documents produced by the RECIPIENT, including, quarterly reports, and any work products
developed under this grant shall be sent to:
Jim Skalski
Washington State Department of Ecology
Water Resources Program
P.O. Box 47600
Olympia, WA 98504-7600
Physical Address:
300 Desmond Drive
Lacey, WA 98503
Heather Simmons
Washington State Department of Ecology
Water Quality Program
15 W. Yakima Ave., Suite 200
Yakima, WA 98902
1. One hard -copy and one electronic copy of quarterly reports shall be submitted as specified in Special Terms
and Conditions. Quarterly reports may be submitted only electronically with prior approval from the
DEPARTMENT Project Officer.
2. One hard -copy and one electronic copy of written reports or other summary work prepared or produced to
accomplish the Scope of Work, except that large format design, engineering, surveying and investigations
related documents or plans need only be made available for inspection should the DEPARTMENT request
to see them.
BUDGET CONDITIONS and PAYMENT TERMS
Budget Conditions
Regardless of the number of tasks or elements, the DEPARTMENT's Fiscal Office will track the budget at the
project cost level.
A formal amendment is required to increase or decrease the overall project funding or revise the Scope of
Work.
For this grant, 100 percent of the total grant amount will be paid on a cost -reimbursement basis. Requests for
reimbursement shall be submitted at least quarterly but not more often than once per month by the RECIPIENT
on state invoice voucher forms. Payment requests are to include at a minimum Form A19 -1A "Invoice
Voucher", Form B "Running Budget Summary", Form C "Voucher Support" and Form D "Contractor
Participation Report" (if applicable).
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Grant G1400608
The RECIPIENT will prepare the billing forms by element of expenditure (salaries/benefits, travel,
goods/services, etc). Back-up invoices of expenses should be included with the billings.
For the administration of this agreement the RECIPIENT shall follow the "Administrative Requirements for
Recipients of Ecology Grants and Loans", current edition.
The DEPARTMENT's forms are contained in the "Administrative Guidelines for Recipients of Ecology Grants
and Loans" and must be used for payment requests, otherwise requests will be returned to the RECIPIENT for
submittal on the correct forms. Electronic copies of these forms and the "Administrative Requirements for
Recipients of Ecology Grants and Loans" ("Yellow Book") are available at the DEPARTMENT's websites:
Forms- http://www.ecy.wa.gov/biblio/9118a.html
Yellow Book- http://www.ecy.wa.gov/biblio/9118.html
Payment Terms
The DEPARTMENT will issue payments of grant funds within 30 days of receipt of properly completed
invoice vouchers and progress reports.
Final payment requests are payable contingent on receipt of the final products and deliverables of the grant.
Upon completion of the project, unused grant dollars will be returned to the DEPARTMENT for use on other
eligible projects.
A written report of activities must accompany all payment requests.
SPECIAL TERMS and -CONDITIONS
1. STATE ENVIRONMENTAL POLICY ACT (SEPA)
Grant recipients are expected to consider the necessity of a SEPA process in the early stages of planning or
scope development. Please contact your project officer for assistance.
2. IDENTIFICATION OF PROJECT MATERIALS
All reports, maps, and other documents produced by the RECIPIENT, as part of this grant shall be identified as
such. All items will be marked on the front cover or title page, or in the case of maps, the block that contains the
name of the Government unit or the DEPARTMENT with 1) the name of the RECIPIENT; 2) the
DEPARTMENT'S grant number; 3) Project Title; and 4) date of the report. Also, an acknowledgment of the
source of funding, as appropriate, will be included.
3. DOCUMENTS
The RECIPIENT shall provide the DEPARTMENT with a minimum of one copy of all documents produced
under the terms of this grant unless otherwise specified.
4. PROJECT COMPLETION REQUIREMENTS
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Grant G1400608
On completion of the project, the RECIPIENT shall submit the following information and materials to the
DEPARTMENT:
a. Project Completion Report: The purpose of this report is to document that the project and each of its
elements has been completed. One hard copy and one electronic copy of a "Project Completion Report"
are required as follows:
i) Summary Account - The Completion Report must include a brief summary account of the work
accomplished under the grant with respect to each of the surveys, studies, plans, and other tasks
listed in the grant or any amendments to that grant. It is also to include a notation of the exhibit or
portion thereof containing the product of that work task.
ii) Reports, Maps, Plans, Exhibits, Etc. - The Completion Report must include a list of all reports,
maps, plans, and other documents prepared under this grant, indicating for each whether it is in
published or unpublished form as defined in the grant.
b. Graphic Record Alternative: With respect to models and published maps and plans, such as aerial maps,
maps, and plans which are colored or are too large to fold compactly, photographs or copies may be
submitted instead of the actual maps, models or plans. These photographs or copies need to be 8" x 10" or
larger and may be either in color or black and white, whichever is necessary to show the content of the
map, model or plan. Each such photograph or copy shall be legibly identified as to the title and scale of
the original document, the municipality, or area covered, and the report or study to which it relates, and
shall contain a notation of the place where the original is located.
c. Transmittal of Maps, Plans, Etc.: The title, the grants number, the municipality or county, and the report
or study to which each map and plan relates shall be indicated on the outside top fold of such map and
plan. All maps and plans transmitted shall be folded to the size of the report project.
d. Data Documentation and Submittal: Upon grant completion, all data and data documentation are to be
submitted in accordance with the previously provided formats and standards, or in formats as previously
negotiated in a formal agreement between the DEPARTMENT and the RECIPIENT.
e. The Project Completion Report must be submitted with the Final Payment Request and follow the
format provided by the DEPARTMENT. Final payment will not be made without the Project Completion
Report.
5. ACCESS TO RECORDS AND RIGHT TO AUDIT
a. 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 include the substance of this paragraph into all grants and subcontracts
payable from contract funds in whole or in part.
b. The RECIPIENT agrees that payment(s) made under this grant shall be subject to reduction for amounts
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 completed or terminated grants.
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Grant G1400608
6. MAINTENANCE OF RECORDS
All required records shall be maintained until a state audit is completed and all questions arising there from are
resolved, or three (3) years after completion of a project, whichever is sooner.
7. MINORITY AND WOMEN'S BUSINESS (MWBE) PARTICIPATION
The RECIPIENT agrees to solicit and recruit, to the extent possible, certified minority-owned (MBE) and
women -owned (WBE) businesses in purchases and contracts initiated after the effective date of this agreement.
a. Contract awards or rejections cannot be made based on MBE or WBE participation. M/WBE
participation is encouraged, however, and the RECIPIENT and all prospective bidders or persons
submitting qualifications should take the following steps, when possible, in any procurement initiated
after the effective date of this agreement:
i. Include qualified minority and women's businesses on solicitation lists.
ii. Assure that qualified minority and women's businesses are solicited whenever they are potential
sources of services or supplies.
iii. Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit
maximum participation by qualified minority and women's businesses.
iv. Establish delivery schedules, where work requirements permit, which will encourage participation of
qualified minority and women's businesses.
v. Use the services and assistance of the State Office of Minority and Women's Business Enterprises
(OMWBE) and the Office of Minority Business Enterprises of the U.S. Department of Commerce,
as appropriate.
b. 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. Please include the following
information:
1.
ii.
Name and state OMWBE certification number (if available) of any qualified firm receiving funds
under the invoice, including any sub -and/or sub -subcontractors.
The total dollar amount paid to qualified firms under this invoice.
8. SELECTION OF CONTRACTORS
It will be the responsibility of the RECIPIENT to insure that any and all subs comply with the terms and
conditions of this agreement and that the State of Washington is named as an express third -party beneficiary of
such subcontracts with full rights as such.
9. FINANCIAL GUIDELINES
The RECIPIENT shall comply with the DEPARTMENT'S current edition of the "Administrative Requirements
for Recipients of Ecology Grants and Loans." The RECIPIENT shall be responsible for maintaining
appropriate financial records throughout the life of the project and in accordance with these guidelines.
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Grant G1400608
10. PAYMENT REQUESTS
Payment will be made to the RECIPIENT for the grant amount upon execution of the grant agreement and
receipt of a signed Invoice Voucher (A19 -1A).
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.
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Grant G1400608
11. QUARTERLY REPORTING
The RECIPIENT must send quarterly progress and financial reports, including current expenditures to the
DEPARTMENT.
Quarterly reports shall cover the periods and be due with 30 days following the end of the quarter, according to
the following schedule, regardless of the grant effective date:
Quarterly Reporting Periods
Date Quarterly Reports Due
January 1 -March 31
April 30
April 1 -June 30
July 30*schedule may vary with fiscal year closing
July 1 -September 30
October 30
October 1 -December 31
January 30
Quarterly reports shall convey essential information in a simple, concise manner through the use of bulleted
summary statements, lists, and tables and include the following:
• A description of work performed during the quarter
• Status of project schedule
• Financial and funds disbursement status
• Personnel changes
• Any difficulties encountered during the quarter.
• Cash Flow Estimate
The DEPARTMENT reserves the right to terminate this agreement, as specified in paragraph K.1. of the
General Terms and Conditions, for:
• Failure to comply with quarterly reporting requirements, and
• Failure to demonstrate satisfactory progress on elements and/or tasks as described in the Scope of Work.
12. AMENDMENTS
A formal amendment is required for any change to the scope of work or an increase to the total eligible project
cost and is signed by both parties.
Amendments are not required for administrative adjustments such as changes in telephone numbers, addresses,
project officers, supervisors, or contact persons for the DEPARTMENT or the RECIPIENT. The RECIPIENT
must still notify the DEPARTMENT of these changes.
13. FAILURE TO COMMENCE WORK
In the event the RECIPIENT fails to commence work on the project funded herein within four months after the
effective date of the grant agreement, or by any date mutually agreed upon in writing for commencement of
work, the DEPARTMENT reserves the right to terminate this agreement.
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Grant G1400608
14. ARCHEOLOGICAL AND CULTURAL RESOURCES
The RECIPIENT must comply with all requirements listed in Executive Order 05-05 prior to implementing any projf
that involves disturbing soil. Compliance includes coordinating with the Department of Historic and Archeological
Preservation and affected tribes. Executive Order 05-05 is found at:
http://www.dahp.wa.gov/sites/default/files/DAHP%20Executive%200rder%2005-05.pdf
The Department of Historic and Archeological Preservation has provided guidance to initiate the 05-05 process that c
be accessed online at: http://www.dahp.wa.gov/governors-executive-order-05-05
15. GRANT CLOSEOUT
All products for this project shall be submitted to the DEPARTMENT on or before June 30, 2015, or otherwise
specified in the Scope of Work.
16. ALL WRITINGS CONTAINED HEREIN
This agreement, the appended "General Terms and Conditions", and the DEPARTMENT'S current edition of
"Administrative Requirements for Recipients of 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 the DEPARTMENT and made a part of
this agreement.
IN WITNESS WHEREOF, the parties hereby execute this grant:
STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
Tom LoranDate
Water Resources Program Manager
Department of Ecology
Approved as to form only by
Assistant Attorney General.
CITY OF YAKIMA
Tony O'Rour Date
City Manager
City of Yakima
TAX ID Number 91-6001293
11
CITY CONTRAC F NO:
RESOLUTION NO:
M
WASHINGTON STATE
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ECPARTMENT OE
ECOLOGY
SIGNATURE AUTHORIZATION FORM
FOR GRANT/LOAN RECIPIENTS
Department of Ecology
Water Quality Program
PO Box 47600
Olympia, WA 98504-7600
Phone: (360) 407-6600
FAX: (360) 407-7151
Name of Organization
Date Submitted
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Project Title
Agreement Number
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AUTHORIZED TO SIGN AGREEMENT AMENDMENTS
AUTHORIZING SIGNATORY
Signature
Print or Type
Print or Type
Title/Term of Office
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AUTHORIZED TO SIGN AGREEMENT AMENDMENTS
Signature
Print or Type
Print or Type
Title
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AUTHORIZED TO SIGN REQUEST FOR REIMBURSEMENT
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ECY 070-206 (Rev. 01/2006) Ecology is an equal opportunity aaencv.
Grant G1400608
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 only use contractor/consultant assistance if that has been included in the agreement's
final scope of work and budget.
B. SUBGRANTEE/CONTRACTOR COMPLIANCE
The RECIPIENT must ensure that all sub -grantees 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.
2. 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.
3. 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. If the agreement is
federally -funded, the RECIPIENT shall report to the DEPARTMENT the percent of grant/loan funds available to
women or minority owned businesses.
4. 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.
5. 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. All grant/loan records shall be
kept in a manner which provides an audit trail for all expenditures. All records shall be kept in a common file to
facilitate audits and inspections.
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Grant G1400608
2. Engineering documentation and field inspection reports of all construction work accomplished under this agreement
shall be maintained by the RECIPIENT.
3. All grant/loan records shall be open for audit or inspection by the DEPARTMENT or by any duly authonzed audit
representative of the State of Washington for a period of at least three years after the final grant payment/loan
repayment or any dispute resolution hereunder. If any such audits identify discrepancies in the financial records, the
RECIPIENT shall provide clarification and/or make adjustments accordingly.
4. All work performed under this agreement and any equipment purchased, shall be made available to the
DEPARTMENT and to any authorized state, federal or local representative for inspection at any time during the
course of this agreement and for at least three years following grant/loan termination or dispute resolution hereunder.
5. RECIPIENT shall meet the provisions in OMB Circular A-133 (Audits of States, Local Governments & Non Profit
Organizations), including the compliance Supplement to OMB Circular A-133, if the RECIPIENT expends $500,000
or more in a year in Federal funds. The $500,000 threshold for each year is a cumulative total of all federal funding
from all sources. The RECIPIENT must forward a copy of the audit along with the RECIPIENT'S response and the
final corrective action plan to the DEPARTMENT within ninety (90) days of the date of the audit report.
I. PERFORMANCE REPORTING
The RECIPIENT shall submit progress reports to the DEPARTMENT with each payment request or such other schedule
as set forth in the Special Conditions. The RECIPIENT shall also report in writing to the DEPARTMENT any problems,
delays or adverse conditions which will materially affect their ability to meet project objectives or time schedules. This
disclosure shall be accompanied by a statement of the action taken or proposed and any assistance needed from the
DEPARTMENT to resolve the situation. Payments may be withheld if required progress reports are not submitted.
Quarterly reports shall cover the periods January 1 through March 31, April 1 through June 30, July 1 through September
30, and October 1 through December 31. Reports shall be due within thirty (30) days following the end of the quarter
being reported.
J. COMPENSATION
1. Method of compensation. Payment shall normally be made on a reimbursable basis as specified in the grant agreement
and no more often than once per month. Each request for payment will be submitted by the RECIPIENT on State
voucher request forms provided by the DEPARTMENT along with documentation of the expenses. Payments shall be
made for each task/phase of the project, or portion thereof, as set out in the Scope of Work when completed by the
RECIPIENT and approved as satisfactory by the Project Officer.
The payment request form and supportive documents must itemize all allowable costs by major elements as described
in the Scope of Work. Instructions for submitting the payment requests are found in "Administrative Requirements for
Recipients of Ecology Grants and Loans", Part IV, published by the DEPARTMENT. A copy of this document shall
be furnished to the RECIPIENT. When payment requests are approved by the DEPARTMENT, payments will be
made to the mutually agreed upon designee. Payment requests shall be submitted to the DEPARTMENT and directed
to the Project Officer assigned to administer this agreement.
2. Period of Compensation. Payments shall only be made for actions of the RECIPIENT pursuant to 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.
3. Final Request(s) for Payment. The RECIPIENT should submit final requests for compensation within forty-five (45)
days after the expiration date of this agreement and within fifteen (15) days after the end of a fiscal biennium. Failure
to comply may result in delayed reimbursement.
4. 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. 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.5. herein.
13
Grant G1400608
5. Unauthorized Expenditures. All payments to the RECIPIENT may be subject to final audit by the DEPARTMENT
and any unauthorized expenditure(s) charged to this grant/loan shall be refunded to the DEPARTMENT by the
RECIPIENT.
6. 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 for state employees.
7. 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 there under 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 date of termination. 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 property 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 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 dunng 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 project funded herein within
four months after the effective date of this agreement, or by any date agreed upon in writing for commencement of
work, the DEPARTMENT reserves the right to terminate this agreement.
L. WAIVER
Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a breach of any provision of this
agreement is not a waiver of any subsequent breach and will not be construed as a modification of the terms of this
agreement unless stated as such in wnting by the authorized representative of the DEPARTMENT.
M. PROPERTY RIGHTS
1. Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable
property, the RECIPIENT may copyright or patent the same but the DEPARTMENT retains a royalty -free,
nonexclusive and irrevocable license to reproduce, publish, recover or otherwise use the material(s) or property and to
authorize others to use the same for federal, state or local government purposes. Where federal funding is involved,
the federal government may have a proprietary interest in patent nghts to any inventions that are developed by the
RECIPIENT as provided in 35 U.S.C. 200-212.
2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish information of the
DEPARTMENT; present papers, lectures, or seminars involving information supplied by the DEPARTMENT; use
14
Grant G1400608
logos, reports, maps or other data, in pnnted reports, signs, brochures, pamphlets, etc., appropnate credit shall be
given to the DEPARTMENT.
3. Tangible Property Rights. The DEPARTMENT's current edition of "Administrative Requirements for Recipients of
Ecology Grants and Loans", Part V, shall control the use and disposition of all real and personal property purchased
wholly or in part with funds furnished by the DEPARTMENT in the absence of state, federal statute(s), regulation(s),
or policy(s) to the contrary or upon specific instructions with respect thereto in the Scope of Work.
4. Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT provides personal property directly
to the RECIPIENT for use in performance of the project, it shall be returned to the DEPARTMENT prior to final
payment by the DEPARTMENT. If said property is lost, stolen or damaged while in the RECIPIENT's possession, the
DEPARTMENT shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such
property.
5. Acquisition Projects. The following provisions shall apply if the project covered by this agreement includes funds for
the acquisition of land or facilities:
a. Prior to disbursement of funds provided for in this agreement, the RECIPIENT shall establish that the cost of
land/or facilities is fair and reasonable.
b. The RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to
disbursement of funds provided by this agreement. Such evidence may include title insurance policies, Ton -ens
certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or
claim which would impair the uses contemplated by this agreement.
6. Conversions. Regardless of the contract termination date shown on the cover sheet, the RECIPIENT shall not at any
time convert any equipment, property or facility acquired or developed pursuant to this agreement to uses other than
those for which assistance was originally approved without pnor wntten approval of the DEPARTMENT Such
approval may be conditioned upon payment to the DEPARTMENT of that portion of the proceeds of the sale, lease or
other conversion or encumbrance which monies granted pursuant to this agreement bear to the total acquisition,
purchase or construction costs of such property.
N. SUSTAINABLE PRODUCTS
In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is encouraged to implement
sustainable practices where and when possible. These practices include use of clean energy, and purchase and use of
sustainably produced products (e.g., recycled paper). For more information, see http://www.ecy.wa.gov/sustainability/.
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 year 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
15
Grant G1400608
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. 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.
T. GOVERNING LAW
This agreement shall be governed by the laws of the State of Washington.
U. SEVERABILITY
If any provision of this agreement or any provision of any document incorporated by reference shall be held invalid, such
invalidity shall not affect the other provisions of this agreement which can be given effect without the invalid provision,
and to this end the provisions of this agreement are declared to be severable.
V. PRECEDENCE
In the event of inconsistency in this agreement, unless otherwise provided herein, the inconsistency shall be resolved by
giving precedence in the following order: (a) applicable Federal and State statutes and regulations; (b) Scope of Work; (c)
Special Terms and Conditions; (d) Any terms incorporated herein by reference including the "Administrative
Requirements for Recipients of Ecology Grants and Loans"; and (e) the General Terms and Conditions.
W. FUNDING AVAILABILITY
The DEPARTMENT's ability to make payments is contingent on availability of funding. In the event funding from state,
federal, or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to completion or
expiration date of this agreement, the DEPARTMENT, at its sole discretion, may elect to terminate the agreement, in
whole or part, or to renegotiate the agreement subject to new funding limitations and conditions. The DEPARTMENT
may also elect to suspend performance of the agreement until the DEPARTMENT determines the funding insufficiency is
resolved. The DEPARTMENT may exercise any of these options with no notification restrictions.
16
SS -010 Rev. 04/04
Modified 12/13
17
Grant G1400608
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No D.
For Meeting of: May 20, 2014
ITEM TITLE:
SUBMITTED BY:
SUMMARY EXPLANATION:'
Two critical City of Yakima infrastructure systems are being impacted by changes in local river
systems. The Naches River bed has the potential for moving away from the City's intake
structure that supplies water to many of the citizens. The Yakima River Levee setback in the
Gap to Gap Reach requires development and construction of a new outfall location for the City's
treated wastewater to return to the Yakima River due to the potential for the Yakima River to
move away from the existing outfall.
Resolution authorizing an Agreement with the State of
Washington Department of Ecology for a $500,000 Grant
Agreement (G1400608) for improvements related to riparian
zone outfall alternatives at the City Wastewater Treatment
Facility and the City Water Treatment Intake Structure on the
Naches River.
Debbie Cook, Director of Utilities and Engineering
Shelley Willson, Wastewater Manager
Dave Brown, Water Manager
The Department of Ecology awarded the City of Yakima a total of $500,000 to protect the City's
Water and Wastewater infrastructure. The grant agreement provides $15,000 toward permit
support for the Naches and Yakima River projects. The Naches River Water Intake Project
identifies $235,000 for improvements for the diversion and discharge structures, construction of
one to three pilot ballasted log jam structures and associated mobilization, excavation, erosion
control and demobilization for the contractor. The Yakima River Wastewater Project identifies
$250,000 for improvements that are to include the construction of a new outfall, placement of
two 42 -inch pipes, conveyance channels, and associated mobilization, excavation, backfill,
erosion control, trail repair;and demobilization for the contractor. Grant Agreement G1400608 is
attached for Council Review (Attachment A).
Resolution: X Ordinance:
Other (Specify): Grant Agreement G1400608
Contract: Contract Term:
Start Date:
End Date:
Item Budgeted: Yes Amount: $500,000
Funding Source/Fiscal
Impact:
Strategic Priority: Improve the Built Environment
Insurance Required? No
Mail to: Heather Simmons DOE-WQP 15 W Yakima Ave, Suite 200,
Yakima WA 98902-3452
Phone: 509-454-7201
Grant Revenue from Department of Ecology
APPROVED FOR
SUBMITTAL:
RECOMMENDATION:
City Manager
Staff respectfully requests Council approve the resolution.
ATTACHMENTS:
Description Upload Date
❑ Resolution 4/22/2014
❑ Attachment A Grant Agreement G1400608 4/22/2014
❑ Signature Authorization Form for G1400608 4/22/2014
Type
Cover Memo
Cover Memo
Cover Memo
TO:
DEPARTMENT OF
ECOLOGY
State of Washington
LETTER AMENDMENT
RECEIVED
CITY OF YAKIMA
JUL 2 7 2015
OFFICE OF CITY MANAGER
EXTENDING THE EXPIRATION DATE OF ECOLOGY GRANT G1400608
Amendment 1
Tony O'Rourke
City of Yakima
129 N. 2nd Street
Yakima, WA 98901
FROM: Rose Bennett
Water Resources Program
Department of Ecology
RE: Ecology Grant G1400608 - Time Extension
In response to your written request, I authorize the extension of the expiration date of G1400608
FROM: 6/30/2015
TO: 6/30/2016
EFFECTIVE: 6/30/2015
Grants Administrator Approval
Budget Approval
Date
-r/7/Is-
cc: Fiscal Office
AMENDMENT DECLARATIONS
Amendment Title
Amendment Number
Construction Completion Amendment
Amendment X
CLIENT INFORMATION
Legal Name
Loan Number
City of Yakima
PC 12-951-065
PROJECT INFORMATION
Title
Project City
Project State
Project Zip
Yakima Wastewater Upgrades
Yakima
Washington
98901
LOAN TERMS and CONDITIONS
Loan Amount
De -obligation
Final Loan Amount
Loan Term
Current Interest Rate
Final Interest Rate
Loan Reimbursement
Date
Payment Month
5,000,000.00
0 00
5,000,000.00
20
0.50
0.25
June 1
AMENDMENT DECLARATIONS (continued)
SCOPE OF WORK
Amendment Title
Loan Number
Amendment #
Title
Scope of Work
Construction Closeout Amendment
PC12-951-065
Amendment X
Yakima Wastewater Upgrades
This wastewater treatment plant improvement project will enhance Yakima
River water quality and reduce greenhouse gas emissions. Project costs
include, but are not limited to, design engineering, environmental review,
permits, public involvement, bid documents, construction. These
improvements will allow this to meet Local, State, and Federal
requirements.
AMENDMENT FACE SHEET
Loan Number: PC12-951-065
PROJECT COMPLETION AMENDMENT
Washington State Department of Commerce
PUBLIC WORKS TRUST FUND — CONSTRUCTION LOANS
1. Contractor
City Of Yakima
129 N. Second Street
Yakima, WA 98901
2. Contractor Doing Business As (optional)
N/A
3. Contractor Representative (only if updated)
N/A .
4. Public Works Board Representative (only if updated)
N/A
5. Original Contract Amount
$5,000,000.00
6. DeObligation
0 00 -
7. Final Contract Amount
$5,000,000.00
8. Amendment Funding Source
Federal: ❑ State: l✓ Other: ❑ N/A: ❑
9. Amendrrient:Start Date
Amendment Execution Date
10. Amendment End Date
June 1,2031
11. Federal Funds (as applicable): '
N/A -
Federal Agency;
N/A'
CFDA Number:
N/A
12. Amendment Purpose:
The purpose of this amendment is to certify the project completion for, this Public Works Trust Fund Loan
The Board, defined as the Washington State Public Works Board, and Borrower/Contractor acknowledge and accept
the terms of this Agreement/Contract As Amended and attachments and have executed this Agreement/Contract '
Amendment on the date below to start as of the date and year referenced above The rights and obligations of both
parties to this Agreement/Contract As Amended are governed by this Agreement/Contract Amendment and the
following other documents incorporated by reference- Amendment Terms and Conditions, including Attachment I:
Certified Project Completion Report. A copy of this Agreement/Contract Amendment shall be attached to and made a
part of the original Agreement/Contract between the Board and the Borrower/Contractor Any reference in the,original
Agreement/Contract to the "Agreement" or the "Contract" shall mean the "Agreement As Amended" or "Contract As
Amended," respectively. .
FOR THE BORROWER/CONTRACTOR
/ A/ '..A.A._ c:t ,s\ev,
FOR PUBLIC WORKS BOARD
cW'l ' /Z--'-
Signatu(�re
T-eTT
-`f"' e
Stan Fi elstein, Public Works'Board Chair
il.{md / 2U•/‘
Print Name
rvut-��t o �,'
` nJuLi1 P,iv
Date )
APPROVED AS TO FORM ONLY
This 22nd Day of March, 2013
Title
, ,,. (
la4A , I LI ► 9 -Di Q
Date
em ero:, ,o//'ovsi tyten ei e, f 1
Bob Ferguson
Attorney General
Signature on File
RESOLUTIONND-.20/It-c6 2
Kathryn Wyatt
Assistant Attorney General
City of Yakima
PC 12-951-065
Page 1
12/16/2015
Project Completion Amendment
Public Works Trust Fund
AMENDMENT TERMS AND CONDITIONS
Contract Number: PC12-951-065
PROJECT COMPLETION AMENDMENT
PUBLIC WORKS TRUST FUND — CONSTRUCTION CONTRACTS
Loan Number: PC12-951-065
Project Name: Yakima Wastewater Upgrades
Contractor: City of Yakima
The purpose of this amendment is to acknowledge the project has been certified complete and the final contract amount,
interest rate, and local share on the above referenced contract have been adjusted, if necessary, as reflected below.
The Public Works Board, (or its successor) a department of the state of Washington and the Contractor agree to amend the
above referenced contract as described below.
The amount of the loan shall be the Final Loan Amount as identified on the Declarations Page. The interest rate shall
be the Final Interest Rate as identified on the Declarations Page, per annum on the outstanding balance.
City of Yakima
PC 12-951-065
Page 2
12/16/2015
Project Completion Amendment
Public Works Trust Fund
City of Yakima
PC12-951-065
Page 3
12/16/2015
Project Completion Amendment
Public Works Trust Fund
ATTACHMENT I: CERTIFIED PROJECT COMPLETION REPORT
PUBLIC WORKS TRUST FUND - CONSTRUCTION LOANS
Loan Number: PC12-951-065
Project Name: Yakima Wastewater Upgrades
Original or Extended Project Completion Date: 10/24/2016
Chief Executive Officer Certification
Contractor: City of Yakima
Address: 129 N. Second Street
Yakima, WA 98901
The Chief Executive Officer of the Borrower/Contractor certifies that:
• To the best of his/her knowledge, the financial information and data provided in this report is true and correct as of
the signature date indicated below, and no project costs listed in this report_incurred more than twelve (12) months
before agreement/contract execution or after the date of the project completion;
• Records supporting the information provided in this report are on file and will be made available by the
Borrower/Contractor upon request; and
Signature of6-/L,Z4-4-e__;/
ei Executive Officer
i(
Print Name
v1e) (' h 1(14_0.14
Title
Ju4. 1'14, a-0IL0
Date of Signature
Project Engineer or Consultant Certification
The Project Engineer or Consultant of the Borrower/Contractor certifies that:
• To the best of his/her knowledge, the data provided in this report is true and correct as of the signature date
indicated below;
• The project was completed in accordance with the Loan Agreement/Contract's Scope of Work; and
• The project was completed on L/2 7/ 2-0
(Actual Date of Project€ompletion)
1
gn'ature of Proje- c' Engineer or Consultant
•Abe_p_7- 0-)
Anon
tu/
?k'is i] &,Z7
itle
Print Name
Date of igna re
City of Yakima Project Completion Amendment
PC12-951-065 12/16/2015 Public Works Trust Fund
Combined Amortization Schedule for Contract Num: PC12-951-065
Contractor Name''';Yakima City Of
Project Name: Wastewater Upgrades
Total Loan Principal: $5,000,000.00
Paid Off:
Loan Start Date: 10/24/2011
Accrual Start Date:
First Payment Date: 6/1/2012
Last Payment Date: 6/1/2031
Amortization Schedule
_. Pmt' Due Date Principal Accrued Interest Interest -_: xx; Payment Due. Loan Balance
6/1/2012 $0.00 $416 19 $416.19 $416 19 $237,822.58
6/1/2013 $156,575 48 $6,972.42 $6,972.42 $163,547.90 $2,818,358.71
6/1/2014 $269,079 14 $24,104 62 $24,104.62 $293,183.76 $4,574,345.38
6/1/2015 $269,079.14 $22,871.73 $22,871.73 $291,950.87 $4,305,266.24
6/1/2016 $269,079.14 $21,526 33 $21,526.33 $290,605.47 $4,036,187.10
6/1/2017 $269,079.14 $20,180.93 $20,180.93 $289,260.07 $3,767,107.96
6/1/2018 $269,079.14 $18,835.54 $18,835 54 $287,914.68 $3,498,028.82
6/1/2019 $269,079 14 $17,490.15 $17,490 15 $286;569.29 $3,228,949.68
6/1/2020 $269,079 15 $16,144.75 $16,144 75 $285,223.90 $2,959,870.53
6/1/2021 $269,079 13 $14,799.35 $14,799.35 $283,878 48 $2,690,791.40
6/1/2022 $269,079 14 $13,453 95 $13,453.95 $282,533.09 $2,421,712.26
6/1/2023 $269,079 14 $12,108 56 $12,108.56 $281,187.70 $2,152,633.12
6/1/2024 $269,079 13 $10,763 17 $10,763 17 $279,842.30 $1,883,553 99
6/1/2025 $269,079 15 $9,417 77 $9,417.77 $278,496.92' $1,614,474.84
6/1/2026 $269,079 15 $8,072.37 $8,072.37 $277,151.52 $1,345,395 69
6/1/2027 $269,079.13 $6,726 98 $6,726 98 $275,806.11 $1,076,316.56
6/1/2028 $269,079.13 $5,381 58 $5,381 58 $274,460.71 $807,237 43
6/1/2029 $269,079.15 $4,036.18 $4,036 18 $273,115.33 $538,158.28
6/1/2030 $269,079.13 $2,690.79 $2,690 79 $271,769.92 $269,079.15
6/1/2031 $269,079.15 $1,345.40 $1,345.40 $270,424.55 $0.00
Totals: $5,000,000.00 $237,338.76 $237,338.76 $5,237,338.76....
3/2/2016 1:09:35 PM
Contract Num: PC12-951-065
CTED\CarrieC
Page: 1 of 1
DEPARTMENT OF
ECOLOGY
State of Washington
AMENDMENT NO. 2
TO
GRANT NO. G1400608
BETWEEN THE
STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
CITY OF YAKIMA
/48 �F ECO 0
aoroived
JUN 2 0 2016
'At ocr\rR\
PURPOSE: To amend the Agreement between the state of Washington Department of Ecology,
hereinafter referred to as `ECOLOGY,' and the City of Yakima, hereinafter referred
to as `RECIPIENT'.
WHEREAS: The Instream and Riparian Habitat Improvements and Protection of Public Water
Infrastructure project. An extension of the original agreement is needed primarily
due to delays in design needed to address stakeholder input. The additional year will
allow the RECIPIENT adequate time to complete the design, permitting, and initiate
inreuTur. T/ACITkoJ rTta
IT IS MUTUALLY AGREED the agreement is amended as follows:
1) The grant expiration date and deliverable due dates are extended from June 30, 2016 to
June 30, 2017.
2) The Budget table is revised to remove the Fiscal Year spending restrictions:
Estimated Grant Budget by Tasks
Total
Task 1. Design and Permitting for
Naches and Yakima River sites
$55,000
Task 2. Naches River Drinking Water
Intake Implementation Project, Phase 1
$195,000
Task 3. Complete Construction of
Floodplain Restoration Outfall
$250,000
Total
$500,000
State of Washington Department of Ecology
Grant No. G1400608, Amendment 2
City of Yakima
All other terms and conditions of the original Agreement including any Amendments remain in full force
and effect, except as expressly provided by this Amendment.
This Amendment is signed by persons who represent that they have the authority to execute this
Amendment and bind their respective organizations to this Amendment.
This Amendment is effective June 30, 2016.
IN WITNESS WHEREOF: the parties hereto, having read this Amendment in its entirety,
including all attachments, do agree in each and every particular and have thus set their hands
hereunto.
State of Washington City of Yakima
Department of Ecology By:
By:
hcylo
9lignature Date
Tom Loranger Jeff Cutter
Water Resources Program Manager Interim City Manager
Approved as to form only
Assistant Attorney General
Page 2 of 2
CITY CONTRACT PO - 7 �A/»Gild 9M4/ Z
REsournon-'ad%'{-Ob?
DEPARTMENT OF
ECOLOGY
State of Washington
AMENDMENT NO. 3
TO
GRANT NO. G1400608
BETWEEN THE
STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
CITY OF YAKIMA
PURPOSE: To amend the Agreement between the state of Washington, Department of Ecology, hereinafter
referred to as "ECOLOGY," and City of Yakima, hereinafter referred to as "RECIPIENT"
UA° 73.P.v! 1 (-7 r ,i
IT IS MUTUALLY AGREED the Agreement is amended as follows:
1) The Period of Performance is amended to read as follows:
The expiration date is extended from June 30, 2017 to June 30, 2018.
2) The Budget table is amended as follows:
Move $100,000 from Task 2 to Task 1. Total budget remains the same.
Grant Budget by Tasks
Total
Task 1. Design and Permitting for Naches site
$155,000
Task 2. Naches River Drinking Water Intake
Implementation Project, Phase 1
$95,000
Task 3. Complete Construction of Floodplain Restoration
Outfall
$250,000
Total
$500,000
3) The Finanical Manager for this agreement is amended to read as follows:
Rose Bennett, phone: (360) 407-6027, email: rose.bennett@ecy.wa.gov.
State of Washington Department of Ecology
Grant No. G1400608, Amendment 3
City of Yakima
All other terms and conditions of the original Agreement including any other Amendments remain in full
force and effect, except as expressly provided by this Amendment.
This Amendment is signed by persons who represent that they have the authority to execute this
Amendment and bind their respective organizations to this Amendment.
This Amendment is effective on June 30, 2017.
IN WITNESS WHEREOF: the parties below, having read this Amendment in its entirety, including all
attachments, do agree in each and every particular and have thus set their hands hereunto.
State of Washington City of Yakima
Department of Ecology
By: � /6/ _� I By:
Thomas LorangeCliff Moore
Water Resources Program Manager City Manager
Approved as to form only
Assistant Attorney General
Pg 2
CITY CONTRACT NO:.127O/, - 04/C 4:7
_4j e'"/ 3
RESOLUTION NO: 12°/ C:
DEPARTMENT OF
ECOLOGY
State of Washington
AMENDMENT NO. 4
TO
GRANT NO. G1400608
BETWEEN THE
STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
CITY OF YAKIMA
PURPOSE: To amend the Agreement between the state of Washington, Department of Ecology, hereinafter
referred to as "ECOLOGY," and City of Yakima, hereinafter referred to as "RECIPIENT "
WHEREAS, permitting for this project will not be completed until early 2019.
IT IS MUTUALLY AGREED the Agreement is amended as follows:
1) The Period of Performance is amended to read as follows:
The expiration date is extended from June 30, 2017 to June 30, 2019.
All other terms and conditions of the original Agreement including any other Amendments remain in full
force and effect, except as expressly provided by this Amendment.
This Amendment is signed by persons who represent that they have the authority to execute this
Amendment and bind their respective organizations to this Amendment.
This Amendment is effective on June 30, 2018.
IN WITNESS WHEREOF: the parties below, having read this Amendment in its entirety, including all
attachments, do agree in each and every particular and have thus set their hands hereunto.
State of Washington
Department of Ecology
By: nA
City of Yakima
7/y ,/, By:
Mary Verner Date C-lif'f-Meore c',nQ. cotes Z Date
Water Resources Program Manager �L City Manager
Approved as to form only
Assistant Attorney General
CITY CONTRACT NO' 2o1/- 0415- 4ead
RESOLUTION NO: R- ao / V - 0 b /r
DEPARTMENT OF
ECOLOGY
State of Washington
AMENDMENT NO. 5
TO
GRANT NO. G1400608
BETWEEN THE
STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
CITY OF YAKIMA
PURPOSE:To amend the Agreement between the state of Washington,Department of Ecology,hereinafter
referred to as"ECOLOGY,"and City of Yakima, hereinafter referred to as "RECIPIENT "
IT IS MUTUALLY AGREED the Agreement is amended as follows:
1) The Budget table is amended as follows:
Move$118,948.16 from Task 3 to Task 1. Total budget remains the same.
Grant Budget by Tasks Total
Task 1. Design and Permitting for Naches site $273,948.16
Task 2.Naches River Drinking Water Intake $95,000.00
Implementation Project, Phase 1
Task 3. Complete Construction of Floodplain Restoration $131,051.84
Outfall
Total $500,000.00
2) The period of performance is extended from June 20,2019 to June 30, 2020.
All other terms and conditions of the original Agreement including any other Amendments remain in full
force and effect,except as expressly provided by this Amendment.
This Amendment is signed by persons who represent that they have the authority to execute this
Amendment and bind their respective organizations to this Amendment.
This Amendment is effective on the date of signature by Ecology.
State of Washington Department of Ecology
Grant No.G1400608,Amendment 5
City of Yakima
IN WITNESS WHEREOF-the parties below, having read this Amendment in its entirety, including all
attachments, do agree in each and every particular and have thus set their hands hereunto.
State of Washington City of Yakima
Department of Ecology
By: (1/1-c,.-1 \/p"---/"`"*--- b Yo q By: v14-1/V''
Mary Verner Cliff Moore
Water Resources Program Manager City Manager ,20I t{-l
CITY CONTRACT NO:: 01 Ccen
r
Approved as to form only RESOLUTION NO: .-2N 1 Q9
Assistant Attorney General
Pg 2
DEPARTMENT OF ECOLOGY
State of Washington
AMENDMENT NO. 6
TO
GRANT NO. G1400608
BETWEEN THE
STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
CITY OF YAKIMA
PURPOSE: To amend the Agreement between the state of Washington, Department of Ecology, hereinafter
referred to as "ECOLOGY," and CITY OF YAKIMA, hereinafter referred to as
"RECIPIENT".
IT IS MUTUALLY AGREED the Agreement is amended as follows:
I)The Period of Performance is amended to read as follows:
The period of performance is extended from June 30, 2020 to December 31, 2021.
All other terms and conditions of the original Agreement including any other amendments remain in full
force and effect, except as expressly provided by this Amendment.
This Amendment is signed by persons who represent that they have the authority to execute this
Amendment and bind their respective organizations to this Amendment.
This Amendment is effective on June 30, 2020.
IN WITNESS WHEREOF, the parties below, having read this Amendment in its entirety, including any
attachments, do agree in each and every paiticular as indicated by their below signatures.
State of Washington
Department of Ecology
B:
Mary Verner
Water Resources Program Manager
Approved as to form only.
Assistant Attorney General
Date
City of Yakima
Alex Meyerh ff
Interim City Manager
c,<, '°""'CT NO i°Jb 1i 1/51/r,iM/. (fRESOLUTION NO: ---; I :_..:o (f q