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R-2014-070 Riparian Zone Outfall Improvements Grant from DOE (Wastewater Treatment Facility) G1400532
A RESOLUTION RESOLUTION NO. R-2014-070 authorizing the City Manager to execute an Agreement with the State of Washington Department of Ecology ("Department of Ecology") and City of Yakima for a grant of $249,900 for improvements related to riparian zone outfall alternatives at the City Wastewater Treatment Facility. 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 habitat restoration and moved the Greenway Trail to accommodate this new outfall location; 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 Department of Ecology provided the City of Yakima a $249.900 grant to complete the construction of this project, 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. G1400532) 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. ^14(6/ ATTEST: Micah Cawley/Mayor } 3' VGTOc� Son Claar Tee, City Cle 0 DEPARTMENT OF ECOLOGY ugi State of Washington CENTENNIAL CLEAN WATER PROGRAM (CENTENNIAL) GRANT FUNDING AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF YAKIMA WASTEWATER DIVISION GRANT AGREEMENT NUMBER G1400532 YAKIMA RIVER RIPARIAN AND FLOODPLAIN ECOSYSTEM RESTORATION PROJECT TABLE OF CONTENTS PART I. GENERAL INFORMATION l PART II. PROJECT SUMMARY 3 PART III. PROJECT BUDGET PART IV. PROJECT GOALS AND OUTCOMES PART V. SCOPE OF WORK PART V(A). SPECIAL TERMS AND CONDITIONS PART VI. ALL WRITINGS CONTAINED HEREIN 3 4 5 7 7 9 9 9 9 9 ATTACHMENT I: GENERAL PROJECT MANAGEMENT BEST MANAGEMENT PRACTICES (BMP) IMPLEMENTATION. BMP TRACKING/INVOICING CENTENNIAL -FUNDED PROJECTS USED TO MATCH SECTION 319 -FUNDED CULTURAL AND HISTORIC RESOURCES PROTECTION REQUIREMENTS PROJECTS EDUCATION AND OUTREACH. ....... 10 EFFECTIVE DATE. .10 EQUIPMENT PURCHASE ......................... ... . 10 FUNDING RECOGNITION 11 INCREASED OVERSIGHT (IF APPLICABLE) 11 INDIRECT RATE ..... 11 TO ACKNOWLEDGE OVERHEAD COSTS, THE RECIPIENT MAY CHARGE AN INDIRECT RATE OF UP TO 25 PERCENT BASED ON EMPLOYEES' DIRECT SALARY AND BENEFIT COSTS INCURRED WHILE CONDUCTING PROJECT -RELATED WORK. THE DEPARTMENT'S FINANCIAL MANAGER MAY REQUIRE A LIST OF ITEMS INCLUDED IN THE INDIRECT RATE AT ANY TIME ............ . . ... . MATCHING REQUIREMENTS . MINORITY AND WOMEN'S BUSINESS PARTICIPATION . ...... ......... 11 11 11 PAYMENT REQUEST SUBMITTALS .12 NEW ELECTRONIC SYSTEM' ECOLOGY ADMINISTRATION OF GRANTS AND LOANS (EAGL) ... 14 POST PROJECT ASSESSMENT 14 PROCUREMENT 14 PROGRESS REPORTS ....14 REQUIRED DOCUMENT SUBMITTALS ..14 VOLUNTEER TIME DOCUMENTATION....................................15 WATER QUALITY MONITORING 15 ATTACHMENT II: GENERAL TERMS AND CONDITIONS 17 A. RECIPIENT PERFORMANCE ..... ...... ... 17 B SUBGRANTEE/CONTRACTOR COMPLIANCE .17 C. THIRD PARTY BENEFICIARY 17 D. CONTRACTING FOR SERVICES (BIDDING) 17 E. ASSIGNMENTS 17 F COMPLIANCE WITH ALL LAWS .....17 G. KICKBACKS • • ••• ....... • 18 H. AUDITS AND INSPECTIONS. 18 I. PERFORMANCE REPORTING . • .......... • •••• • ............ • . 18 J COMPENSATION. 19 K. TERMINATION 19 L. WAIVER .. 20 M. PROPERTY RIGHTS. 20 N SUSTAINABLE PRODUCTS . . 21 O. RECOVERY OF PAYMENTS TO RECIPIENT ....................... . .21 P. PROJECT APPROVAL ...22 Q. DISPUTES ..22 R. CONFLICT OF INTEREST 22 S. INDEMNIFICATION.... . • • • 23 T. GOVERNING LAW .23 U. SEVERABILITY . ....23 V. PRECEDENCE 23 W. FUNDING AVAILABILITY... 23 CENTENNIAL CLEAN WATER PROGRAM (CENTENNIAL) FUNDING AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF YAKIMA WASTEWATER DIVISION THIS is a binding agreement between the state of Washington Department of Ecology (DEPARTMENT) and the City of Yakima Wastewater Division (RECIPIENT). The purpose of this agreement is to provide funds to the RECIPIENT, who will carry out the requirements described in this agreement. PART I. GENERAL INFORMATION Project Title: Yakima River Riparian and Floodplain Ecosystem Restoration Project Grant Number: G1400532 State Fiscal Year: 2014 Total Project Cost: $333,200 Total Eligible Cost: $333,200 DEPARTMENT Share: $249,900 RECIPIENT Share: $83,300 DEPARTMENT Maximum Percentage: 75 % Effective Date: July 10, 2013 Expiration Date: July 9, 2016 RECIPIENT Information RECIPIENT Name: City of Yakima Wastewater Division Mailing Address: 2220 E. Viola Ave. Yakima, WA 98901 Fax Number: 509-575-6166 Federal Taxpayer ID Number: 91-6001293 Data Universal Numbering System (DUNS) Number: 07-821-2651 PROJECT Manager: Email Address: Phone Number: PROJECT Financial Officer: Email Address: Phone Number: DEPARTMENT Contact Information Project Manager: Email Address: Phone Number: Address: Central WA State Department of Ecology Central Regional Office 15 West Yakima Ave, Suite 200 Yakima, WA 98902-3452 Fax (509) 575-2809 Financial Manager: Email Address: Phone Number: Fax Number: Address: 2 Ryan Anderson Ryan. anderson@yakimawa.gov 509-249-6813 Ryan Anderson Ryan.anderson@yakimawa.gov 509-249-6813 Heather Simmons Heather. Simmons@ecy.wa. gov 509-454-7201 Justin Rogers Justin.Rogers@ecy.wa.gov 360-407-7196 360-407-7151 WA State Department of Ecology Water Quality Program, FMS P.O. Box 47600 Olympia, WA 98504-7600 CHECK ALL THAT APPLY: • Section 319 Funds: (Catalog of Federal Domestic Assistance No. 66.460) ❑ Yes Amount: ® No • Centennial Funds (state funds): ® Yes Amount: $249,900 ❑ No • If Yes, will this project be used to match Section 319 funds? ❑ Yes ® No • Increased Oversight: ❑ Yes ® No PART II. PROJECT SUMMARY The Yakima River Riparian and Floodplain Ecosystem Restoration Project is one part of a much larger effort by the RECIPIENT to reconnect 50 acres of historic floodplain and associated side channels with the Yakima River. These efforts will 1) address water quality; 2) develop flood management strategies; 3) improve salmon and wildlife habitat; 4) remove a 2,000 foot section of levee; 5) restore floodplain/riparian vegetation; 6) relocate a public trail out of the floodplain; and 7) restore floodplain complexity such as side channels previously cut off from the Yakima River. PART III. PROJECT BUDGET Yakima River Riparian and Floodplain Ecosystem Restoration Project TASKS TOTAL PROJECT COST TOTAL ELIGIBLE COST (TEC) 1 - Project Administration/Management $75,000 $10,000 2 - Site Evaluation, Engineering, and Design $73,300 $73,300 3 - Re -Grade for Floodplain Reconnection $150,000 $150,000 4 - Plant Native Riparian Vegetation $99,900 $99,900 Total $398,200 $333,200 The DEPARTMENT's Fiscal Office will track to the Total Eligible Cost. MATCHING REQUIREMENTS DEPARTMENT Share: 75% of TEC $249,900 3 RECIPIENT Share: 25% of TEC $83,300 Cash $83,300 Interlocal $ In-kind $ Is any combination of the above match allowed? // Yes ❑ No PART IV. PROJECT GOALS AND OUTCOMES A. Financial Assistance Water Quality Project Goals: One or more of the selected following goals apply to this project. n Severe Public Health Hazard or Public Health Emergency eliminated. ® Designated beneficial uses will be restored or protected, 303(d) -Listed water bodies restored to water quality standards, healthy waters prevented from being degraded. n Regulatory compliance with a consent decree, compliance order, TMDL or waste load allocation, etc., achieved. B. Water Quality and Environmental Outcomes: The following are the anticipated water quality and environmental improvements from the project. 1. Improve the natural floodplain processes that are presently prevented due to the hard surface of the rip rap causing the stream channel to scour and maintain a bed elevation lower from the floodplain. 2. Increase the natural balance of water and material to access the floodway and promote ecological processes such as recruitment of large woody debris, gravel bar formation (for spawning), and side channel development (for rearing). 3. Improve native riparian and floodplain vegetation habitats to create shade for keeping stream temperatures cool, trap sediment during high flows, and prevent higher than natural rates of erosion in the floodplain. C. Performance Items and Deliverables: The following are the anticipated action items that will play an integral role in implementation of the project. This includes items such as outreach and education, monitoring, technical assistance, GIS mapping, types and amounts of Best Management Practices (BMP) that will be installed, and others. 1. Remove armoring from floodway in project area. 2. Re -grade site so that side channel is better connected to adjacent floodplain. 3. Construct two enhanced structures (riffles) with large woody debris and river rock. 4 4. Construct two new channels to allow overflow access of water from side channels and better reconnect river hydrology to floodplain, which will be an approximate total of 600 feet of new channel. 5. Plant at least 15 acres with native riparian vegetation including: black cottonwood, ponderosa pine, woods rose, flowering currant, quaking aspen, coyote willow, pacific willow, red -osier dogwoods, chokecherry, poison sumac and native grass mixes. PART V. SCOPE OF WORK Task 1 - Project Administration/Management (Total Task Cost: $10,000) A. The RECIPIENT will administer the project. Responsibilities will include, but not be limited to: maintenance of project records; submittal of requests for reimbursement and corresponding backup documentation, progress reports and RECIPIENT closeout report (including photos); compliance with applicable procurement, contracting, and interlocal agreement requirements; application for, receipt of, and compliance with all required permits, licenses, easements, or property rights necessary for the project; and submittal of required performance items. B. The RECIPIENT must manage the project. Efforts will include: conducting, coordinating, and scheduling project activities and assuring quality control. Every effort will be made to maintain effective communication with the RECIPIENT's designees; the DEPARTMENT; all affected local, state, or federal jurisdictions; and any interested individuals or groups. The RECIPIENT must carry out this project in accordance with any completion dates outlined in this agreement. Required Performance: 1. Administer and manage the project and records. 2. Submit all required requests for reimbursement and corresponding backup documentation, progress reports, RECIPIENT closeout report and performance items, in a timely manner. Task 2 - Site Evaluation, Engineering and Design (Total Task Cost: $73,300) A. The RECIPIENT will provide project management and coordination and ensure completion of all environmental reviews, including cultural resources, Section 404, Hydraulic Project Approval (HPA), and other applicable permits. No work will begin until all permits and reviews are completed. B. The RECIPIENT will select a contractor to develop an engineering design using standard bidding protocol. C. The RECIPIENT will oversee the consultant on the evaluation of the project site to collect necessary information (LiDAR, survey, hydrologic analysis, groundwater 5 monitoring, soil analysis, surface water Analysis). The RECIPIENT will assist in developing the preliminary design alternatives to be included within a larger project draft design report and submit to the DEPARTMENT for review and comment before finalizing. Required Performance: 1. Complete and submit all required environmental reviews and permits. 2. Develop and submit study results and a draft project design with alternatives to be included in the larger project report to be submitted to the DEPARTMENT for review and comment prior to finalization. Task 3 - Re -grade For Floodplain Reconnection (Total Task Cost: $150,000) A. The RECIPIENT will remove remaining concrete armoring along a side channel and abandoned dike. The RECIPIENT will then re -grade (both soil removal and fill) the remaining slopes to allow river water from high flow side channel access to its floodplain. B. In two locations, the RECIPIENT will develop structures (riffles) made of large woody debris and other native material (rounded river rock) to insure channel stability, reverse scouring, and redirect water into two constructed pilot channels. C. The RECIPIENT will construct two new channels that will reconnect the side channel with its histonc floodplain, which will help re -connect river flows with floodplain and reverse scouring in project area. The southern channel will be approximately 500 feet in length, and the northern channel will be approximately 100 feet in length. Required Performance: 1. Remove concrete armoring along a side channel. 2. Re -grade within and adjacent to side channel to increase floodplain access. 3. Develop two structures made of larger wood debris and other material within the side channel. 4. Construct two new channels having an approximate total length of 600 feet. Task 4 - Plant Native Riparian Vegetation (Total Task Cost: $ 99,900) A. The RECIPIENT will develop a planting plan that will include numbers, types, and locations of riparian plants to be planted in project area, and submit to the DEPARTMENT. B. The RECIPIENT will purchase native riparian vegetation such as black cottonwood, ponderosa pine, woods rose, flowering currant, quaking aspen, coyote willow, pacific willow, red -osier dogwoods, chokecherry, poison sumac and native grass mixes. The RECIPIENT will obtain live stake cuttings from project partner areas nearby and also utilize potted plants, live stakes, and root stock. 6 C. The RECIPIENT will contract with Washington Conservation Crew to plant riparian vegetation across at least 15 acres and work with partnering groups to implement at least three volunteer planting days. D. The RECIPIENT will monitor and maintain the plantings for the project period, and conduct weed control, irrigation (hand watering), and replantings as necessary. Required Performance: 1. Submit one planting plan to the DEPARMENT. 2. Purchase and install native riparian vegetation across, at least 15 acres. 3. Plan and carry out at least three volunteer planting days. 4. Maintain project site including weed control, irrigation, and replanting for the project period. PART V(a). SPECIAL TERMS AND CONDITIONS A. The DEPARTMENT will evaluate the status of this project, 18 months from the effective date of the agreement. The DEPARTMENT's Project Manager and Financial Manager will meet with the RECIPIENT to review spending trends, completion of outcome measures, and overall project administration and performance. Failure to make satisfactory progress toward achieving project outcomes may result in changes in scope of work, reduction of funds, or increased oversight measures as determined by the DEPARTMENT. PART VI. ALL WRITINGS CONTAINED HEREIN The following contain the entire understanding between the parties, and there are no other understandings or representations other than as set forth, or incorporated by reference, herein: • This agreement • Attachment I: General Project Management Requirements • Attachment II: General Project Management Requirements for Federal Clean Water Section 319 Funded Projects and Centennial Clean Water Program Matching Projects • Attachment III: General Terms and Conditions • The effective edition, at the signing of this agreement, of the DEPARTMENT's "Administrative Requirements for RECIPIENT's of Ecology Grants and Loans" • Funding Guidelines FY 2014 — 2015. • The applicable statutes and regulations No subsequent modifications or amendments of this agreement will be of any force or effect unless signed by authorized representatives of the RECIPIENT and the DEPARTMENT and made a part of this agreement, EXCEPT that in response to a request from the RECIPIENT, the DEPARTMENT may redistribute the grant budget. The DEPARTMENT or the RECIPIENT may change their respective staff contacts without the concurrence of either party. 7 The RECIPIENT acknowledges that they have had the opportunity to thoroughly review the terms of this agreement, the attachments, all incorporated or referenced documents, as well as all applicable statutes, rules, and guidelines mentioned in this agreement. IN WITNESS WHEREOF, the parties hereby execute this agreement: STATE OF WASHINGTON DEPARTMENT OF ECOLOGY CITY OF YAKIMA WASTEWATER DIVISION D.0,16'161fit �,2 ,C54 HEATHER R. BARTLET DATE TONY O'RO Kkh "WATER QUALITY PROGRAM MANAGER (Revised July 2013) 8 CITY MANAGER CITY CONTRAC r NO:4720 RESOLUTION NO: DATE ATTACHMENT I: GENERAL PROJECT MANAGEMENT REQUIREMENTS BEST MANAGEMENT PRACTICES (BMP) IMPLEMENTATION If the RECIPIENT installs BMPs that are not consistent with current funding guidelines and approved by the DEPARTMENT prior to installation, the RECIPIENT assumes the risk that part or all of the reimbursement for that activity may be delayed or ineligible. Refer to the current Water Quality Financial Assistance Funding Guidelines for more information about eligibility requirements. BMP TRACKING/INVOICING If the RECIPIENT implements an off -stream water facility, livestock feeding area BMPs, or a direct seed program the RECIPIENT must track the costs by landowner in vouchers submitted to the DEPARTMENT in order to ensure that the entire eligible cost of that BMP is reimbursed in full and does not exceed the financial assistance limit established in the BMP guidance. CENTENNIAL -FUNDED PROJECTS USED TO MATCH SECTION 319 -FUNDED PROJECTS Projects used by the DEPARTMENT to meet a matching requirement for the Section 319 program (as indicated on page 3 of this agreement), require the RECIPIENT to comply with Federal Section 319 reporting requirements. Required reporting includes project data on BMP implementation and annual pollutant load reduction. Section 319 Reporting Requirements. The RECIPIENT must complete the DEPARTMENT's "Clean Water Act Section 319 Initial Data Reporting Sheet." This form must be submitted to the DEPARTMENT's Financial Manager with the first progress report. The RECIPIENT must complete the DEPARTMENT's "Federal Clean Water Act Section 319 Grant Load Reductions Reporting Form." This form is used to gather information on load reduction for each BMP installed for the project. This form must be submitted electronically to the DEPARTMENT'S Financial Manager by January 15 of each year, and at project close-out. Payments will be held until the form has been completed and submitted to the financial manager. CULTURAL AND HISTORIC RESOURCES PROTECTION The RECIPIENT must comply with all requirements listed in Section 106 of the National Historic Preservation Act or Executive Order 05-05 prior to implementing any project that involves soil disturbing activity. The RECIPIENT must conduct and submit a cultural resources survey or complete and submit an EZ -1 Form to the DEPARTMENT's project manager prior to any soil disturbing activities. The DEPARTMENT will contact the Department of Archaeology and Historic Preservation (DAHP) and affected tribes regarding the proposed project activities in order to fulfill Section 106 or Executive Order 05-05 requirements. Any prior communication between the RECIPIENT, the 9 DAHP, and the tribes is not sufficient to meet requirements. Any mitigation measures as an outcome of this process will be requirements of this agreement. Any soil disturbing activities that occur prior to the completion of the Section 106 or Executive Order 05-05 process will not be eligible for reimbursement. Activities associated with cultural resources review are grant eligible and reimbursable. The Department of Archaeology and Historic Preservation has provided guidance that can be accessed online at: http://www.dahp.wa.gov/ EDUCATION AND OUTREACH The RECIPIENT must do a regional search for existing materials before producing any new educational flyers or pamphlets. The RECIPIENT must request the use of those materials before time and resources are invested to duplicate materials that are already available. The RECIPIENT must also check the Washington Waters website http://www.ecy.wa.gov/washington waters/index.html for useful educational materials. These materials are available for public use and can be downloaded directly from the website. The RECIPIENT must provide the DEPARTMENT up to two copies and an electronic copy of any tangible educational products developed under this grant, such as brochures, manuals, pamphlets, videos, audio tapes, CDs, curriculum, posters, media announcements or gadgets, such as a refrigerator magnet with a message. If this is not practical, the RECIPIENT must provide a complete description including photographs or printouts of the product. The RECIPIENT must also supply the DEPARTMENT with the names and contact information of local project leads. If there are a significant number of people in the community that speak languages other than English, the RECIPIENT must produce all pamphlets, fliers, meeting notices, reports, and other educational and public outreach materials in English and in the other prevalent language. EFFECTIVE DATE The Effective Date of this grant agreement is the date agreed to by the DEPARTMENT and the RECIPIENT during the development of this grant agreement and should be no earlier than the date the RECIPIENT began incurring eligible project costs. Any work performed prior to the Effective Date of this agreement will be at the sole expense and risk of the RECIPIENT. Reimbursement for eligible costs incurred will not be released by the DEPARTMENT until the grant agreement is signed. EQUIPMENT PURCHASE All equipment purchase for this project must have prior approval from the DEPARTMENT in order to be eligible for reimbursement. 10 FUNDING RECOGNITION The RECIPIENT must inform the public about DEPARTMENT or EPA funding participation in this project through the use of project signs, acknowledgement in published materials, reports, the news media, websites, or other public announcements. Projects addressing site-specific locations must utilize appropriately sized and weather -resistant signs. Sign logos are available from the DEPARTMENT upon request. INCREASED OVERSIGHT (IF APPLICABLE) The DEPARTMENT's Project Manager will establish a schedule for additional site visits to provide technical assistance to the RECIPIENT and verify progress or payment information. INDIRECT RATE To acknowledge overhead costs, the RECIPIENT may charge an indirect rate of up to 25 percent based on employees' direct salary and benefit costs incurred while conducting project -related work. The Department's Financial Manager may require a list of items included in the indirect rate at any time. MATCHING REQUIREMENTS Cash Match Requirement. If grant funds awarded are more than $250,000, the RECIPIENT share for the project must be entirely in the form of cash or interlocal contributions. If grant funds awarded are $250,000 or less, any combination of cash, interlocal, or in-kind + match is allowed. Interlocal contributions will also count as cash match. Stormwater hardship grants require cash match only. Interlocal Match Requirement. The RECIPIENT certifies by signing this agreement that all negotiated interlocal agreements are consistent with all of the following: • Terms of this grant agreement • The edition of "Administrative Requirements for Ecology Grants and Loans" that is effective at the signing of this agreement. • Chapter 39.34 RCW Interlocal Cooperation Act In -Kind Match Requirement. If in-kind match is specified in the project budget, property and services donated by organizations or individuals may be used. Documentation will be required for all donated property and services. MINORITY AND WOMEN'S BUSINESS 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. 11 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: a) Include qualified minority and women's businesses on solicitation lists. b) Assure that qualified minority and women's businesses are solicited whenever they are potential sources of services or supplies. c) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. d) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. e) 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. The RECIPIENT must report to the DEPARTMENT at the time of submitting each invoice, on forms provided by the DEPARTMENT (Form D: Contractor Participation Report), payments made to qualified firms. Please include the following information: a) Name and state OMWBE certification number (if available) of any qualified firm receiving funds under the invoice, including any sub -and/or sub -subcontractors. b) The total dollar amount paid to qualified firmsunder this invoice. PAYMENT REQUEST SUBMITTALS Frequency. The RECIPIENT must submit payment requests at least quarterly but no more often than monthly, unless allowed by the DEPARTMENT's Financial Manager. The DEPARTMENT's Financial Manager may require the RECIPIENT to submit regular payment requests to ensure efficient and timely use of funds. Supporting Documentation. The RECIPIENT must submit all payment request vouchers and supportive documentation to the DEPARTMENT's Financial Manager. Payment request voucher submittals are based on match requirements found in the budget. Required Forms. Any Match Combination Form A19 -1A (original signature) Form Bl (ECY 060-3) Form Cl (ECY 060-8) Form D (ECY 060-11) Cash Only Match Form A19 -1A (original signature) Form B2 (ECY 060-7) Form C2 (ECY 060-9) Form D (ECY 060-11) 12 Where Applicable Form E (ECY 060-12) Form F (ECY 060-13) Form H (F-21) Form I (ECY 060-15) Reporting eligible costs. The RECIPIENT must report all eligible costs incurred on the project, regardless of the source of funding for those costs. This includes costs used as match. All eligible and ineligible project costs must be separate and identifiable. Reimbursements. Payments will be made on a cost -reimbursable basis. Requests for Reimbursement Instructions for submitting payment requests are found in ADMINISTRATIVE REQUIREMENTS, PART IV available on the DEPARTMENT website or in hard copy upon request. 1. Procedure. Payment requests will be submitted by the RECIPIENT to the Financial Manager and the Project Manager of the DEPARTMENT. All payment requests will include a progress report. No reimbursement will be made without the appropriate back-up documentation and the progress report. 2. Cost Reimbursable Basis: Payments to the RECIPIENT will be made on a "reimbursable basis" no more often than once per month unless allowed by the DEPARTMENT's Financial Manager. The DEPARTMENT's Financial Manager may require the RECIPIENT to submit regular payment requests to ensure efficient and timely use of funds. 3. Documentation: Each request for payment will include back-up documentation of the eligible expenses being requested for reimbursement and a progress report. 4. Required Forms: The RECIPIENT will submit all forms, supportive documentation, and progress report to the DEPARTMENT's Financial Manager and Project Manager. 5. Period of Payment. Payments will only be made for eligible costs of the PROJECT pursuant to this agreement and performed after the effective date and prior to the expiration date of this agreement, unless those dates are specifically modified in this agreement. 6. Ineligible Costs. Payments will be made only for eligible PROJECT costs incurred and will not exceed the grant amount. If any audit identifies grant funds which were used to support ineligible costs, such funds may be immediately due and payable to the DEPARTMENT notwithstanding any provision to the contrary herein. 7. Overhead Costs. No payment for overhead costs in excess of 25 percent of salaries and benefits of the RECIPIENT will be allowed without prior approval. 8. Certification. Each payment request will constitute a certification by the RECIPIENT to the effect that all representations and warranties made in this agreement remain true as of the date of the request and that no adverse developments, affecting the financial condition of the RECIPIENT or its ability to complete the PROJECT have occurred since the date of this agreement. 13 NEW ELECTRONIC SYSTEM: ECOLOGY ADMINISTRATION OF GRANTS AND LOANS (EAGL) The DEPARTMENT is currently developing a web -based grant and loan management system. The DEPARTMENT will be transitioning to this new web -based system in the future. Once the transition has taken place payment requests and progress reports will be submitted electronically. POST PROJECT ASSESSMENT The RECIPIENT agrees to participate in a brief survey regarding the key project results or water quality project outcomes and the status of long-term environmental results or goals from the project approximately three years after project completion. A representative from the DEPARTMENT's Water Quality Program will contact the RECIPIENT to request this data. The DEPARTMENT may also conduct site interviews and inspections, and may otherwise evaluate the Project, as part of this assessment. PROCUREMENT The RECIPIENT certifies by signing this agreement that all applicable requirements have been satisfied in the procurement of any professional services. PROGRESS REPORTS The RECIPIENT will submit a progress report to the DEPARTMENT at least quarterly or such other schedule as set forth herein. The RECIPIENT will submit a copy of each progress report along with the payment request to both the Financial Manager and the Project Manager of the DEPARTMENT. Quarterly reports will cover the periods: January 1 through March 31 April 1 through June 30 July 1 through September 30 October 1 through December 31 Quarterly reports are due 15 days following the end of the quarter being reported. Payment requests will not be processed without a progress report. A progress report must be submitted even if no progress has occurred. A Progress Report Form is available on the DEPARTMENT's website. At a minimum, all progress reports must contain the items outlined in the DEPARTMENT's Progress Report Form. The DEPARTMENT may request additional information as necessary. The RECIPIENT will also report in writing to the DEPARTMENT any problems, delays, or adverse conditions which will materially affect its ability to meet PROJECT objectives or time schedules. This disclosure will be accompanied by a statement of the action taken or proposed and any assistance needed from the DEPARTMENT lo resolve the situation. REQUIRED DOCUMENT SUBMITTALS The RECIPIENT must submit the following documents to the DEPARTMENT as requested by the DEPARTMENT's Project Manager or Financial Manager: 14 • Draft project completion report • Electronic copy of final project completion report • Final project completion report • Educational products developed under this agreement • Interlocal agreements • Land owner agreements • Professional services procurement agreements • Department of Archaeology and Historic Preservation's EZ -1 Form — 1 copy to the DEPARTMENT's Project Manager, per site, prior to ground disturbing activities. Additional Required Document Submittals for the Federal Clean Water Act Section 319 Funded Projects and Centennial projects used by the DEPARTMENT to satisfy its Section 319 matching requirement. • Clean Water Act Section 319 Initial Data Reporting Sheet — 1 copy to DEPARTMENT's Financial Manager during the first quarter following the effective date of the agreement. • Federal Clean Water Act Section 319 Grant Load Reductions Reporting Form — 1 copy to the DEPARTMENT's Financial Manager by January 15 of each year and at the end of the project. VOLUNTEER TIME DOCUMENTATION The RECIPIENT must report to the DEPARTMENT the total number of volunteer (unpaid) hours contributed to the restoration or monitoring project, including time not being credited for matching purposes. This information will be conveyed to the Governor of the State of Washington in fulfillment of a request for state agencies to collect information about volunteers working for clean water. WATER QUALITY MONITORING Quality Assurance Project Plan (QAPP). Prior to initiating water quality monitoring activities, the RECIPIENT must prepare a Quality Assurance Project Plan (QAPP). The QAPP must follow Ecology's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies (Guidelines), July 2004 (Ecology Publication No. 04-03-030). The applicant may also reference the Technical Guidance for Assessing the Quality of Aquatic Environments, revised February 1994 (Ecology Publication No. 91-78)pr more current revision, in developing the QAPP. The RECIPIENT must submit the QAPP to the DEPARTMENT's Project Manager for review, comment, and must be approved before starting the environmental monitoring activities. The RECIPIENT must use an environmental laboratory accredited by Ecology to analyze water samples for all parameters to be analyzed that require bench testing. Information on currently accredited laboratories and the accreditation process is provided on the Department of Ecology's Environmental Assessment Program's website. The RECIPIENT should manage all monitoring data collected or acquired under this agreement in order to be available to secondary users and meet the "ten-year rule." The ten-year rule means that data documentation is sufficient to allow an individual not directly familiar with the specific 15 monitoring effort to understand the purpose of the data set, methods used, results obtained, and quality assurance measures taken ten years after data are collected. Monitoring Data Submittal/Environmental Information Management System. Funding RECIPIENTS that collect environmental monitoring data must submit all data to the DEPARTMENT using the Environmental Information Management System (EIM). Data must be loaded into EIM following instructions on the EIMwebsite at http://www.ecy.wa.gov/eim. Data must be approved by the EIM Coordinator for completion of data submittal. Final payment requests will be withheld until data has been approved in EIM. The data submittal portion of the EIM website provides information and help on formats and requirements for submitting tabular data. Specific questions about data submittal may be directed to the EIM Data Coordinator. If GIS data is collected, RECIPIENTS are required to follow DEPARTMENT data standards when Geographic Information System data are collected and processed as documented at http://www.ecy.wa.gov/services/gis/data/standards/standards.htm. RECIPIENTS must submit copies to the DEPARTMENT of all final GIS data layers, imagery, related tables, raw data collection files, map products, and all metadata and project documentation. 16 ATTACHMENT II: 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 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. 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. 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 17 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. Engineering documentation and field inspection reports of all construction work accomplished under this agreement shall be maintained by the RECIPIENT. 2. All grant/loan records shall be open for audit or inspection by the DEPARTMENT or by any duly authorized 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. 3. 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. 4. 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. 18 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. 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 I. 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 19 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 completedon 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 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 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 writing 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 rights to any inventions that are developed by the RECIPIENT as provided in 35 U.S.C. 200-212. 20 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 logos, reports, maps or other data, in printed reports, signs, brochures, pamphlets, etc., appropriate 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, Torrens 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 prior written 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 21 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 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. 22 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. SS -010 Rev. 04/04 Modified 12/13 23 WASHINGTON STATE BCCE P A H ,TME N T G°I% ECOLO SIGNATURE AUTHORIZATION FORM FOR GRANT/LOAN RECIPIENTS DEPARTMENT OF ECOLOGY MAY aUUi4 WATER QUALITY PROGRAM 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 o__; -+-Li De v_J cv c G 14- DO s'5 a Project Title Agreement Number )ak,rna, i�,veir- (i 1r(an rlcrr r�c-roSy , prat; 0(Th G 14- DO s'5 a AUTHORIZING SIGNATORY Signature Print or Type Title/Term of Office Z.,,,2 ,„, lor\J b Ratr k Ctti islanac)e_r ,., AUTHORIZED TO SIGN AGREEMENT AMENDMENTS Signature Print or Type Title .��_ /(-�� �,� �r�i 0our Ke CAN ��a9e� AUTHORIZED TO SIGN REQUEST FOR REIMBURSEMENT Signature Print or Type Title ,e/ r? ' .A.0.01r-r- ,,A, „<ese Ton C�� Roth- k� Cl+y Wit./045e,r f____3—c ECY 070-206 (Rev 01/2006) Ecology is an equal opportunity aaencv BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. E. For Meeting of: May 20, 2014 ITEM TITLE: SUBMITTED BY: SUMMARY EXPLANATION: Resolution authorizing an Agreement with the State of Washington Department of Ecology for a Grant Agreement (G1400532) of $249,900 for improvements related to riparian zone outfall alternatives at the City Wastewater Treatment Facility. Debbie Cook, Director of Utilities and Engineering Shelley Willson, Wastewater Manager Ryan Anderson, Utility Engineer Levee setback in the Gap to Gap Reach of the Yakima River requires development and construction of a new outfall location for the City's treated wastewater to return to the Yakima River. The new outfall location will allow the City to remain in compliance with the Department of Ecology wastewater discharge permit. The City has developed plans, engineering reports and habitat restoration forthe outfall relocation project. The Department of Ecology awarded the City of Yakima $249,900 to remove concrete armoring along a side channel, re -grade within and adjacent to the side channel to increase floodplain access, develop two structures made of larger wood debris and other material within the side channel, and construct two new channels having approximately 600 feet in length. In addition, the grant includes planting native riparian vegetation in at least 15 acres. These items are included within the scope of the new outfall location project. Grant Agreement G1400532 is attached for Council Review (Attachment A). Resolution: X Ordinance: Other (Specify): Ecology Grant Agreement G1400532 and Signature Authorization Form Contract: Contract Term: Start Date: End Date: Item Budgeted: Yes Amount: $249,900 Funding Source/Fiscal Impact: Strategic Priority: Insurance Required? No Mail to: Justin Rogers Water Olympia, WA 98504-7600 Phone: 360-407-7196 APPROVED FOR SUBMITTAL: RECOMMENDATION: Grant Revenue from Department of Ecology Improve the Built Environment Quality Program, FMS PO Box 47600 441 City Manager Staff respectfully requests Council approve the resolution. ATTACHMENTS: Description ❑ Resolution for G1400532 ❑ Grant Agreement G1400532 ❑ Signature Authorization Form Upload Date 4/21/2014 4/21/2014 4/21/2014 Type Cover Memo Cover Memo Cover Memo AGENCY NAME 1. Proj. Off. Sarah Zehner Program: WQFMS Washington State Department of Ecology P 0 Box 47600, Olympia, WA 98504-7600 2. Grant/Loan/ Recipient (Warrant is to be payable to-) City of Yakima Wastewater Division 2220E Viola Avenue Yakima, WA 98901 Federal ID No. 07-821-2651 Form A AGENCY USE ONLY AGENCY NO LOCATION CODE P.R. OR AUTH NO 3. Payment Request No. 1 4. Agreement No. G1400532 Vendor's Certificate. I hereby certify under penalty of perjury that the items and totals listed herein are proper charges for materials, merchandise or services furnished to the State of Washington, and that all goods fumjshert or services rendered have been provided without discrimination becuse of age� x, marital status, race, creed, color, national origin handicap, reli • on, or Vjefriam era or disabled veterans status. 5. By Tony O'Rourke City Manager L� ((sit m'blue ink) % 7630/2015 Title Date 6 Marc Cawley (509) 249-6854 Contact Person Tel. No. Received by Date Received Effect. Date 7/10/2013 Expir Date 6/9/2016 8 Billing Period from 7/10/2013 to 6/30/2015 Project Officer Approval for Payment/Performance Certification Date. Fur d.'Soufce.'Name Centennial 10 Amount.of Grant/Loan from Fund $ 100,000 00 1.1. r>,v: CumulativeAmount Requested.. $ 12 i?reVlOUS-CufnUlative Amount`Requesled, 13' Current Request%Payment;Due :14 G�anULoan Remaining in:the fund $ 100,000 00 All payments are made subject to federal and/or state audit. DOC' DATE PMT DUE DATE CURRENT D(C. NO. REF DOC NO. VENDOR NO. VENDOR MESSAO E USE TAN U61 NO. 1x.111 N U wL.l\ at 111 OW All aL4 1.111,1'] h 1,11il 0...1(1,ii:\iSII �1t1.S 1,,, 1..1 ♦11 •Ill,l,.u♦ vUThCI AA! IRM Fluii {IL, ,. •"1 ',• ♦.Nuk![ .vr+I ''':::::S"‘ `. !.` .ii..,. 1. 11 \411 V.(,. II N llN<i ,V'I'R1 /V.\I. I. IR I' \"\',FN - 1' S I1. W \RR.\N I 1111.\I, 1 W \RR.\1 r NI IM1ti•R color i• rs an L• qua l Opportunity and A//rrnwti ve Action Employer. CITY CONTRAC f No: //6 1 7 �O RESOLUTION NO: r -a-��y� d - FORM B1 (page 1): RUNNING BUDGET SUMMARY for PROJECTS with INTERLOCAL COSTS and/or OTHER IN-KIND Use one form for each group of costs with the same eligibility requirements. Agreement No G1400532 Recipient: City of Yakima FOR PROJECTS WITH MORE THAN ONE GROUP OF ELIGIBILITY REQUIREMENTS Payment Request No: 1 Page 1 of 3 Group No 1 Fund Sources) Centennial ,� , 1 (TLr,) EIe- . •,xw,..,.,. �„, „r`.tta,;y.�+-•'�,. •Costs Incurred `, ,, w a « � , '�, � ` "�,',4 'Y' •, • • �': •' .xA{k1"IY.Y"bF:1 "^.•' hlis This Requestrfrom,, ` ', y;, .{ 'a ..,,. :..' ", d5 3;ti.� ! :-• �,,_; r �k...' y.Y '�" �.. - F.orm Cl ':.� ..._ �.... ,�...:. w ,""mv `.ta6X' :;".', •r�:N••.e,� � Cumulative bi9{r«*:L+.Yi'i y 9 � �' i'�' r �.. • '"aniµt'"r. ""'x-'i+ss+f• "`%oR+'<A-':k3h'S3�is Costs Fronm.P...revious 'fir%:.§' k A iS 'a Vic:' r rm � R + a%k :Mt" , :r c ` ¢, �M Y,O , t`.:'+ +.' : i. ,� ^"tx:i4k .5.1•;�.:,!"Nua :�"in".�rm.4'xi °xix„':N_,,..:. ��:'` � � j"'�i+��9,� ,9 N" ew Cumulative Costs J n '� s'� "�n.,W�.�n. ,�.. ,�s �. , };` OM1, �6. kdv n " �� '` �' ') � , �� .., . <.� .�>•r,€t'x � z.. ' ,x ' , ,1�1�:' ��.'' �d�` � .9) � x1.0. `�'"�t�,�, y.w,w 1, .�� Eligible -,, �'ii.:i.C,og''"!, � Cum;�ullatiive i" �PL+:e01,1 m�ii l < .E ement-.Cost` .. -meet No k>a xm ^pt' . _ a , . �• 2 CASH �( ) .. � . _ . :.. � , ::.. .. �.. .�: v �, ,t �.s;g�,n„. ,; (3)tIN-KIND j .. mss""+.• s "tY � > _ sV" " �cr v ":p �: i;�K (5) IN-KIND? '� c ` "' .±x..a .� ' -'e..__ Y: (7)' INLKIND Yi°` ,3 : ,.enc ;�' µ � N� -..«a".,-✓-4.a„`iV BUDGET ' � r ✓'�: _ .<..;,, ... -_^s^_' "':.5c✓'T.i73:rt..`4t?•" .�,.. n ar.h A Interlocal _B Other, „ . ,�. v.. � 4• 4'sCASH .�(. )� >. A'Interlocal - . , � ,,.. o �B 4Other a < .. ,�� .'Y. .3 ,,, (6)A'SH'� ,��..( )>: , ':... t.Ybat YJ^^'>•Y13tk:.'t A. Interlocal' _ � . � :.. -w-+- a... ic'ao'.BAr B Other ; �� -� ��.. r• ! y. (8 t~TOTA �( )_, , . - , L.F 3 $10,000.00 $ - $ 10,000.00 $ - $ 10,000 00 $ 10,000.00 3 $10,000 00 $ - $ 10,000.00 $ - $ 10,000 00 $ 10,000 00 3 $ 8,500 00 $ - $ 8,500 00 $ - $ 8,500 00 $ 8,500 00 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - PRO- JECT - 28,500 00 - - - - (11) - (12A) 28,500 00 (128) - (13) 28,500 00 - (14) 28,500 00 *** GO TO FORM B1 (Page 2) AND COMPLETE ALL STEPS BEFORE COMPLETING FORMA *** FORM 61 (page 2): COMPUTE ELIGIBLE COSTS and FUND AMOUNTS Complete Form B1 (page 1) before completing this worksheet. Agreement Number G1400532 Recipient City of Yakima Pay Request No 1 Page. 2 of 3 1 Enter the cumulative total cash expenditures from box 11, Form B1 (page 1) 2. If the terms of the agreement specify that interlocal costs are valid cash match, enter cumulative total interlocal costs from box 12A, Form B1 (page 1) 3 Add lines 1 and 2. 4 Verify that all match requirements are met. 4(a) Percent of eligible project costs which must be cash: Add the fund shares (%) from all Ecology -administered fund sources which support these costs, and enter as a decimal. NOTE. This should correspond to the sum of the fund shares in line 6(a) below $ 28,500.00 $ 28,500 00 75% 4(b) Percent of eligible project costs which must be cash match: Enter the cash 0% match requirement in the agreement as a decimal If none, enter zero 4(c) Percent of eligible project costs which must be cash or interlocal costs. Add 100% lines 4(a) and 4(b) 5 Compute the cumulative costs which are eligible at this point. 5(a) Maximum eligible cumulative costs based on total match requirements: $ DIVIDE line 1 by line 4(a) and enter the result. 5(b) Maximum eligible cumulative costs based on cash match requirements. DIVIDE line 3 by line 4(c) and enter the result. 5(c) Maximum eligible cumulative costs based on the budget: Box 14, Form B1 5(d) ELIGIBLE CUMMULATIVE COSTS. This is the amount of the project costs which meet ALL budget and match requirements at this point in the project. Enter the smallest of lines 5(a), 5(b) and 5(c) 6 Compute the portion of eligible project costs which can be supported by each fund. —de 6(areaodeardetyk E 9c?PsP9upof co ter M tfiename ofhelfundeandthef1undhare % ) FUND. Centennial FUND SHARE: 75% SHARE . a. 6(i)Coptemufund amon.9 Itk`'''ffrolitn: , mutpyne5dbyteund.shae (t%).etered on 6ne6owaw (a) adenter,heresuk(thefundzamoun),,���';;,�,s,�,�,,1;•F $ - $ 28,500 00 $ 28,500 00 $ 28,500 00 Compute cumulative amount requested from each fund. If there is only one group of eligibility requirements in the agreement, the cumulative amount requested from each fund is already computed in line 6(b) above Otherwise, for each fund, add the amounts on line 6(b) on all forms B1 (page 2) submitted for this billing Enter the total for each fund on Form A, line 11 FORM Cl: VOUCHER SUPPORT for PROJECTS with INTERLOCAL COSTS or OTHER IN-KIND Use one page per element, or subtotal each element separately Agreement No: G140053 Recipient: City of Yakima Payment Request # 1 Page of OP At�K8)WNKlNEWAIME&L4 3 Strider Construction Co Removal of Rip Rap 1 9/14/14 CK #107472 $ 10,000 00 3 Strider Construction Co. Pilot Channel Excavation/Hau 1 9/14/14 CK #107472 $ 10,000 00 3 Strider Construction Co. Large Woody Debris 1 9/14/14 CK #107472 $ 8,500 00 TOTALS BY ELEMENT $ w - $ 28,500 om» 00 (108) $ - PROJECT Yakima Floodplain Restoration & Outfall Alternative Project, Phase II City of Yakima Strider Job # 14YF STRIDER CONSTRUCTION CO., INC. PROJECT ESTIMATE SUMMARY SHEET PROGRESS ESTIMATE NO. 1 DATES. Aug. 14th THRU Sept. 5th, 2014 ITEM NO. DESCRIPTION QUANTITY UNITS PRICE SCHEDULE Unit Price AMOUNT PREVIOUSLY APPROVED QUANTITY AMOUNT THIS PERIOD QUANTITY AMOUNT TOTAL TO DAZE QUANTITY AMOUNT REMARKS PREPARATION 1 Mobilization & Demobilization 1 LS $ 125,000 00 $ 125,000.00 - $ - 0.50 $ 62,50000 0.50 $ 62,500.00 2 Minor Change 1 CALC $ 15,000.00 $ 15,000.00 - $ - - $ - - $ - 3 Unsuitable Excavation 100 CY $ 1900 $ 1,900.00 - S - - $ - $ - 4 Trench Excavation Safety Systems 1 LS $ 6,000.00 $ 6,000.00 - $ - - $ - - $ - 5 Erosion Control 1 LS $ 4,000.00 $ 4,000.00 - $ - 0.50 $ 2,000.00 0.50 $ 2,000.00 6 Dewatering 1 LS $ 10,000.00 $ 10,000.00 - $ - 0.25 $ 2,500.00 0.25 $ 2,500.00 7 Diversion & Discharge Structures 1 LS $ 262,000 00 $ 262,000.00 - $ - 0.01 $ 2,620.00 0.01 $ 2,620.00 8 42' PVC Outfall Pipe 3,031 LF $ 245.00 $ 742,595.00 - $ - - $ - - $ - 9 Pipeline Surface Restoration 1 LS $ 10 000.00 $ 10,000.00 - $ - - $ - $ - 10 Road Repair 1 LS $ 17,000.00 $ 17,000.00 - $ - - $ - - $ - 11 Trail Repair 1 LS $ 2,500 00 $ 2,500.00 - $ - - $ - - $ - 12 Conveyance Channel Stripping & Slockpi 1 LS $ 8,000 00 $ 8,000.00 - $ - 1.00 $ 8,000.00 1.00 $ 8,000.00 13 Conveyance Channel Excavation incl. Ha 5,750 CY $ 800 $ 46,000.00 - $ - 5,750.00 $ 46,000.00 5,750.00 $ 46,000.00 14 Light Loose Rip Rap 1 LS $ 2,000.00 $ 2,000.00 - $ - - $ - - $ - 15 Removal and Relocation of Existing Rip F 1 LS $ 10,000.00 $ 10,000.00 - $ - 1.00 $ 10,000.00 1.00 $ 10,000.00 16 Conveyance Channel Hydroseeding 4 ACRES $ 2,95000 $ 11,800.00 - $ - - $ - - $ - 17 Pilot Channel Excavation incl Haul 1 LS $ 10,000.00 $ 10,000.00 - $ - 1.00 $ 10,000.00 1.00 $ 10,000.00 18 Large Woody Debris 1 LS $ 8,500.00 $ 8,500.00 - $ - 1.00 $ 8,500 00 1.00 $ 8,500.00 19 Constructed Riffle 1 LS $ 12,000.00 $ 12,000.00 - $ - 1.00 $ 12,000.00 1.00 $ 12,000.00 20 Electrical 1 LS $ 18,000 00 $ 18,000.00 - $ - - $ - $ - ADDITIONAL ITEMS BEYOND QUANTITY ADJUSTMENTS ONLY Add. 1 72' Manholes 4 EA $ (9,000.00) $ (36,000.00) - $ - - $ - - $ - 1 $ - - $ - - $ - - $ - 1 $ - - $ - - $ - - $ - 1 $ - - $ - - $ - - $ - 1 $ - - $ - - $ - - $ - 1 $ - - $ - - $ - - $ - Project Subtotal $ 1,286,295.00 $ - $ 164,120.00 $ 164,120.00 Sales Tax @ $ - $ 12,637.24 $ 12,637.24 PROJECT TOTAL wl SALES TAX $ 1,286,295 00 $ - $ 176,757.24 $ 176,757.24 DEPARTMENT OF ECOLOGY State of Washington AMENDMENT NO.1 TO GRANT NO. G1400532 BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF YAKIMA WASTEWATER DIVISION PURPOSE: To amend the Agreement between the state of Washington Department of Ecology, hereinafter referred to as `DEPARTMENT,' and the City of Yakima Wastewater Division, hereinafter referred to as `RECIPIENT,' for the Yakima River Riparian and Floodplain Ecosystem Restoration project. This amendment is needed to modify the scope of work due to changes in the overall scope of the project. IT IS MUTUALLY AGREED the agreement is amended as follows: 1. The following items are removed from the Scope of Work: a) Task 4C: The RECIPIENT will contract with Washington Conservation Crew to plant riparian vegetation across at least 15 acres and work with partnering groups to implement at least three volunteer planting days. b) Task 4D: The RECIPIENT will monitor and maintain the plantings for the project period, and conduct weed control, irrigation (hand watering), and replantings as necessary. 2. The following items are added to the Scope of Work: a) Task 4C: The RECIPIENT will remove invasive weeds and reseed approximately 40 acres of floodplain with various species of native grasses. This native grass, once established, will reduce weed competition, increase floodplain complexity, and provide a more suitable area for future establishment of native shrubs and trees. State of Washington Department of Ecology Grant No. G1400532, Amendment 1 City of Yakima Wastewater Division 3. The original grant amount is decreased by $174,900.00, from $249,900.00 to $75,000.00. Project Budget Tasks Original Agreement Total Eligible Cost New Total Eligible Cost 1 — Project Administration/Management $10,000 $12,000 2 — Site Evaluation, Engineering, and Design $73,300 $0 3 — Re -Grade for Floodplain Reconnection $150,000 $20,000 4 — Plant Native Riparian Vegetation $99,900 $68,000 Total $333,200 $100,000 Matching Requirements Department Share 75% of TEC $249,900 $75,000 Recipient Share 25% of TEC $83,300 $25,000 4. The grant expiration date is extended from July 9, 2016 to July 9, 2017. Page 2 of 3 State of Washington Department of Ecology Grant No. G1400532, Amendment 1 City of Yakima Wastewater Division 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 upon the signature date of the DEPARTMENT. IN WITNESS WHEREOF: the parties have signed this Amendment. State of Washington Department of Ecology Signature Date PiCreWe Bather R. Bartlett Water Quality Program Manager Approved as to form only. Assistant Attorney General City of Yakima Signat e Date Tony O'Rourk City Manager Page 3 of 3 .20/54 / 0.7 l ing,011 CITY CONTRACT NO:.r.�.r :29-1-12. O RESOLUTION NO: CONTRACT THIS AGREEMENT, made and entered into in triplicate, this U day of 2016, by and between the City of Yakima, hereinafter called the Owner, and WILDLANDS, INC. a Washington Corporation, hereinafter 4 fled the Contractor. WITNESSETH: That in consideration of the terms and conditions contained herein and attached and made a part of this agreement, the parties hereto covenant and agree as follows: I. The Contractor shall do all work and furnish all tools, materials, labor and equipment for THE BID AMOUNT OF: $66,058.00 (SIXTY SIX THOUSAND FIFTY EIGHT DOLLARS AND 001100), for Yakima Wastewater Division, Wastewater Treatment Plant Floodplain Restoration, City of Yakima Project No. 2432, all in accordance with, and as described in the attached plans and specifications and the 2016 Standard Specifications for Road, Bridge, and Municipal Construction which are by this reference incorporated herein and made a part hereof, and shall perform any alterations in or additions to the work provided under this contract and every part thereof. Work shall start within ten (10) days after the Notice to Proceed and shall be completed in Twenty Five (25) working days. If work has not commenced within the ten (10) days after the notice to proceed, the first chargeable working day shall be the eleventh (11th) working day after the date on which the City issues the Notice to Proceed. If said work is not completed within the time specified, the Contractor agrees to pay to the Owner the sum specified in the Standard Specifications for each and every day said work remains uncompleted after expiration of the specified time, as liquidated damages. The Contractors shall provide and bear the expense of all equipment; work and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in this contract and every part thereof, except such as are mentioned in the specifications to be furnished by the City of Yakima. II. The City of Yakima hereby promises and agrees with the Contractor to employ, and does employ the Contractor to provide the materials and to do and cause to be done the above described work and to complete and finish the same according to the attached plans and specifications and the terms and conditions herein contained and hereby contracts to pay for the same according to the attached specifications and the schedule of unit or itemized prices hereto attached, at the time and in the manner and upon the conditions provided for in this contract. III. INDEMNIFICATION. The Contractor shall defend, indemnify, and hold harmless the City, its officers, elected officials, employees and agents from and against any and all claims, causes of action, damages, losses, and expenses of any kind or nature whatsoever, including but not limited to, attorney's fees and court costs, arising out of, relating to, or resulting from The Contractor's performance or non-performance of the services, duties and obligations required of it under this Agreement. IV. The Contractor for himself, and for his heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor. V It is further provided that no liability shall attach to the City of Yakima by reason of entering into this contract, except as expressly provided herein. IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed the day and year first herein above written. Countersigned: CITY OF YAKIMA this day of 20ILO Attest: City Manager 6110 • \\ 4 — .101.4 /yi 41 1. t S� ft j� Ly 4 City Clerk CITY CONTRACT NO�,/&— 69' RESOLUTION NO' b'V1 ^Q CONTRACTOR Wildlands, Inc ontractor r ,a C Corporation (Print Name) President (President, Owner, etc. Address: 1941 Saint Street Richland, WA 99354 12 Yakima Wastewater Division Wastewater Treatment Plant Floodplain Restoration CITY OF YAKIMA JOB NO, 2432 SPECIFICATIONS GENERAL/SPECIAL INSTRUCTIONS 1' Description of Project: The City of Yakima Wastewater Department is implementing a floodplain enhancement project at the City's Wastewater Treatment Plant. This project will stabilize soils, increase infiltration, and improve habitat by planting perennial native grasses on the floodplain and created soil piles, as well as other related work all in accordance with the Plans and Specifications as prepared by Mid -Columbia Fisheries Enhancement Group (MCFEG) and approved by the City Engineer of the City of Yakima. This project is funded by the Department of Ecology MCFEG is providing technical assistance for the projec 2. Workmanship: The contractor shall furnish all labor, equipmentand materials, which are necessary to complete the wor as described in these specifications. Quality of workmanship shall conform to that which is usually provided by the trade in generalA Performance Bond equal to the bid amount shall be required. 3. Regulatory Requirements: The project shall be performed in a manner that is in compliance with all applicable hadeno|, state and local laws and ragu|aUonn, inc|ud/nB, but not limited to, vehicle regulations (WSDOT/HMTUSA/other), environmental laws and regulations (EPA/VVDC)E/|ooa|), and health and safety laws and regulations (OSHA/WISHA/City Safety Codes). 4. Records: The contractor shall maintain operational recordat its placof business for a minimum of five years These records shall include. point of material pick up, type of material, quantity of material, and all vehicle inspections. 5. Prevailing Wages: The contractor shall comply with all provisions of Chapte39.12 RCW - Prevailing Wages on Public Work A. RCW 39.12.010 - The Prevailing Rate of Wage. Contacthe Department of Labor and Industries, to confirm current prevailing wage rate for applicable workers on this particular public work project. B RCW 39.12040 ' Statement of Intent to Pay Prevailing Wages and an Affidavit of Wages Paid - Before the mid-Bafonatha City may pay any sum due on occount, it must receive a statement of Intent to Pay Prevailing Wages approved by the Department of Labor and Industries. Following final acceptance of a public work project, and before any final money is dioburaed, each contractor and sub- contractor must submit to the City an Affidavit of Wages Paid, certified by the Department of Labor ub'oontnoobormnuetsubmittotheCitymnAf5dmvitofVVogeaPaid.oedifiedbythmOmportmmntofLabor and Industries. C. RCW 39 12 070 - Fees Authorized for Approval Certification and Arbitrations: Any fees charged by the Department of Labor and Industries for approvals or fees to cover costs of arbitration conducted shall be the responsibility of the contractor 6. Termination - Cause: The City reserves the right to terminate this contract at any time, upon written nmdua, in the event that the services of the Contractor are deemed by the City to be unsatisfactory, or upon failure to perform any of 3 the terms and conditions contained in this agreement. In addition to the foregoing right of termination, the City may terminate this contract, with or without cause, upon thirty (30) days written notice to Contractor 7. Right to Award: The City of Yakima reserves the right to make contract award by Schedule or on an all or none basis, whichever is in the best interest of the City. 8. Submission of Quote: Quotes shall be submitted to the City Clerk's Office, Yakima City Hall, 129 North 2nd Street, Yakima, WA, 98901, by 300 p.m. on July 7, 2016 in a sealed envelope labeled: Yakima Wastewater Division Wastewater Treatment Plant Floodplain Enhancement City of Yakima Job No. 2432 with the quote due date written on it. Bidders shall not be allowed to adjust their quotes after submission. 9. No Disturbance: The contractor shall not disturb grounds or materials outside the sphere of the contracted project. 10. Pre Bid Site Visit: All bidders are required to visit the site prior to submitting their quote to become aware of anything that may affect their quote. Site visits will be coordinated with Marc Cawley, 509-575-6077 11. Coordination: The contractor shall coordinate his work with City of Yakima, Wastewater Superintendent Marc Cawley at 509-575-6077, or his designee. 12. Timing: Successful vendor shall coordinate with contacts listed above as to when work will be accomplished. Work shall be completed within 25 working days. 13. Business License: All bidders shall have a valid and current business license issued by the City of Yakima covering this type of work. It shall be the contractor's responsibility to obtain any licenses or permits required, to complete the project. 14. Right to Reject: The City of Yakima reserves the right to reject any or all quotes or accept any presented which meet or exceed these specifications and which they may deem to be in the best interest of the City and will not necessarily be bound to accept the low quote. 15. No Preferences: No exceptions will be considered that may tend to give an individual bidder a distinct advantage 4 16. Contractor's Liability Insurance (Sample Certificate Attached): The contractor shall obtain and maintain in full force and effecduring the term of the contract, commercial general liability coverage and automobile coverage with insurance carriers admitted to do business in the State of Washington. The insurance companies must carry a Best's Rating of A -VI! or better The policies shall be written on an occurrence basis subject to the following minimum limits of liability. Commercial General Lialqi|ity: Combined Single Limit: $1.00O.O0OPer Occurrence $2,000,000 Annual Aggregate The City of Yakimaits agents, elected and appointed officials, and employees are to be listed as additional insured under the policies. The contractor shall provide a Certificate of Insurance to the City as evidence of coverage. The certificate shall provide 45 days' notice of cancellation, and under the cancellation section, the wording "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" shall be crossed out. A copy of the additional insured endorsement attached to the policy shall be included with the certificate. The contract shall also maintain workers compensation through the State of Washington If at any time during the life of the contract or any extension, the contractor fails to maintain the requiredinuunoncainfuU force and effect, all work under the contract shall be discontinued immediately Any failure to maintain the required insurance may be sufficient cause for the City to terminate the contract. 17. Experience Requirements: Bidder is required to submit the following proof of experience with the Bid Proposal: • Bidders shall have per -formed native grass restoration for a minimum of five years, including the past two years. � Bidders must have experience with drill seeding, broadcast -harrow seeding and soil preparations for seeding � Bidders must provide project name, project address, client contact name and phone number for three successful native grass restoration projects of similar scope and size performed within the past five years. 18. Compliance with Immigration and Naturalization Act The City of Yakima supports the FederaImmigration, Reform and ControAct of 1986, as amended. The City requires that all contractors or business entities that contract with the City for the award of any City contract for public works in excess of Five Thousand Dollars ($5,000), or any other City contract in excess of Two Thousand Five Hundred Dollars ($2,500), enroll in the E -Verify program or its successor, and thereafter to verify its employees' proof of citizenship and authorization to work in the United States E -Verify will be used for newly hired employees during the term of the contract only; it is not to be used for existing employees. The Contractor must remain enrolled in the program for the duration of the contract and be responsible for verification of every applicable subcontractor If the contractor has not previously filed an E -Verify Compliance Declaration with the City, the contractor must sign the attached E -Verify Compliance Declaration and submit it to the City prior to being awarded the contract. Failure to do so may be cause for rejection of the bid. 19. Site Protection: • The Contractor shall maintain the work site clean of debris and rubbish as the work proceeds. • Contractor shall ensure that any mud, dirt, or debris left on the roadway shall be removed and the roadway cleaned at the end of each day • Contractor shall sweep staging area at completion of the project. 5 • Contractor shall wash all equipment prior to mobilizing to the projecarea and will ensure that all equipment is free of weed seeds and plant materials. • The Contractor must have a representative with authority to act for the Contractor in all matters pertaining to the work on the job site at all times during the progress of the work. • The Contractor shall confine operations to the working areas allotted by the Owner's Representative for operations, including material and equipment storage. • The Storm Water Construction General Permit will be transferred from the City of Yakima to the Contractor prior to any work beginning at the site. The Contractor shall develop and comply with a Stormwater Pollution Prevention Plan for the site that is acceptable to the Department of Ecology, including any required water quality monitoring • Contractor is responsible for compliance with all permits The City of Yakima will obtain the permits listed in the table below Copies of all permits obtained by the City of Yakima will be provided to the Contractor • Any costs to obtain and/or comply with permit requirements shall be incidental to the project, and shall be included in the various bid items. Permit Agency Status Yakima Co. Shoreline Exemption County County Exempt Exempt Flood .Iain Dmve|o°mentPermit Flood Hazard Determination County Exempt Stormwater General Permit DOE Federal Not applicable USAGE In progress Complete Waived In progress Cultural Resource Review (Sec 106) SEPA ESA Consultation Nationwide 27 & Section 404 Water Qualiy USACE In progress National Environmental PoIiy Act,Category X USFWS Complete The Contractor shall be responsible to perform work described in this bidder package, including any appendices, in a timely professional manner. The Contractor shall abide by all applicable local, state, and federal guidelines that govern this projecas well as all project permits provided to the Contractor by the City. The Contractor is solely responsible for maintaining safe working conditions near his/her equipment and for the safe operation of his/her equipment. If, at any time, the Contractor or his/her operators determine that instructions given by the City could create a potentially unsafe working condition or could jeopardize the equipment or any personnel, they shall notify the City immediately. The City will then work with the Contractor to find an acceptable alternative method to complete the required task. The Contractor shall follow all Yakima County guidelines and regulations regarding fire safety precautions and fire prevention Service and refueling areas shall be located at least 150 feet away from flowing waterand a spill containment kit shall be located where equipment is stored and shall remain onsite at all times. The equipment shall operate from the bank as much as possible and shall be scrubbed so it is free of external petroleum-based products and invasive plant seeds or biomass prior to entering the project area. Any equipment working within the ordinary high water marks shall be maintained in good working condition such that petroleum products or other harmful chemicals are not leaked into the river, its banks, or its bed. Hydraulic/oil/fuel leaks shall be repaired prior to entering the project area, and equipment will 6 be checked daily for leaks Any necessary repairs shall be completed prior to commencing work activities within the floodplain. Hydraulic lines of equipment working along the banks and in the channel will contain vegetable oil or similar nontoxic biodegradable lubricant. Prior to work commencing, the Contractor shall submit an equipment inspection checklist to the City for approval. Contractor shall inspect daily all equipment being used on the site and maintain a daily record of these inspections, signed and dated by the person performing the inspections. Records will include detailed information that day about the equipment being used, fuel levels, oil levels, hours, etc. A copy of these records shallbe provided to City at the City's request. 20. Recontouring Soil Piles The project area includes six (6) soil piles to be recontoured in Option 1 The soil piles will not be recountoured in Option 2. The Contractor will reshape the soil piles so that the slopes are no greater than 4 1 gradient. Some soil piles currently have 4.1 sloping on north and south sides for access, east and west sides require resloping. It is the Contractor's responsibility to identify and reslope sides to 4:1 slope Resloped soil piles will be treated with Soil Treatment 3 and native grass seeding (Native Dry/end Grass Mix) as described in specification 23. Option 1 Bid Item: The Option 1 Bid Item is to reslope six (6) soil piles as described in Specification 20 above. Resloping soil piles shall be done as to not enlarge the overall footprint of the soil piles by more than 10%. Option 2 Bid Item No recontouring work will be done to soil piles. Contractor will only prep and seed per specifications 21 and 22 in the areas of soil piles that are sloped at a 4:1 gradient or flatter. The lump sum contract price for recontouring soil piles shall be full payment for all labor, equipment, and materials to complete the work as specified. The Bidder shall submit a quote for both options. The City will choose which option when project is awarded. 21. Soil Treatment: The actual treatment type for the various locations will be determined by the City. Approximately forty-four and a half (44 5) acres of the site need soil preparation prior to seeding. The Contractor shall implement three types of soil preparation in separate areas of the site as indicated on attachment BExact acres of each soil preparation type will be determined by the City based on field conditions during work. For all soil preparation treatment types, soils shall be smoothed to create optimal seedbed conditions for seed germination and establishment. Adequately smooth soil shall have fine to medium granulated surface and be clean of large debris and excessive plant residue. Location Soil preparation type Acres Treatment� Rip Treatment� Disk ' Treatment 3 Li ht Disk SW and SE floodplain Treatment 1: Rip, disk, harrow and smooth 28.0 28.0 Outfall channels Treatment 2: Disk, harrow and smooth 5.0 5.0 Soil Piles Treatment 3: Light disk, harrow and smooth 2.5 26 North of buried Pipes Treatment 3* Light disk, harrow and smooth 5.0 5.0 Buried pipes -unp)anted Treatment 3. Light disk, harrow and smooth 4.0 4U Buried pipes - planted TOTAL ACRES None -- Previously hydroseeded 1.25 28'0 5.0 11.5 7 Soil Treatment Tve 1 (28 acres) 8oi[[raohnentType 1 is needed in areas of heavy soil compaction Existing vegetation includes kochia, alfalfa and bulbous bluegrass that will have been chemically treated during the 2016 growing season. The Contractor shall decompact soils to at least 18 inches from the soil surface. The Contractor shall use ripper tines placed no more than 16 inches apart. The Contractor shall use a minimum of two passes in perpendicular directions to achieve desired decompaction over all subsites subject to this treatment type The Contractor is required to use a ripper that can maintain a depth of 18 inches in the specified soil conditions. Following the ripping, the contractor shall prepare the soil for seeding by disking, harrowing, cultipackering, or other approved method. Soil Treatment Type 2 (5 acres) Soil Treatment Type 2 shall be used where heavy surface scarification is necessary to expose soil prior to seeding. These areas are currently vegetated with alfalfa and annual weeds that have been chemically treated during the 2016 growing season. The Contractor shall scarify the upper 6 inches of soil to remove vegetation and leaf litter and expose soil. The Contractor shall disk, harrow, cultipack, or similar methods, alone or in combination, to smooth soil in preparation for seeding. Soil Treatment Type 3 (11.5 acres) Soil Treatment Type 3 shall be used in areas that have higher proportions of surface cobble, or where moderate to light scarification is required to expose soils prior to seeding. Subsites are currently vegetated with annual weeds that have been chemically treated during the 2016 growing season. The Contractor shall scarify the upper 3 inches of soil to remove vegetation and leaf litter and expose soil. The Contractor shall disk, harrow, cultipack, or use similar methods, alone or in combination, to smooth soil in preparation for seeding The surface of all resloped soil piles (see specification 20 Recontouring Soil Piles) shall be scarified as part of Soil Treatment Type 3 described above, in preparation for seeding. Soil Preparation Inspecion The City or the City's Representative will inspect soil preparation during or immediately following each segment of the project. Soil preparation deemed by the City to not be adequately decompacted, scarified or smoothed for seeding shall be corrected at the time by the Contractor. The following is a list of required soil preparation inspections: = During or immediately afteripping for Soil Treatment Type 1, or, • During or immediately after disking for Soil Treatments Type 2 and 3; and, • During or immediately after smoothing of all soil treatments 22. Seeding: Following soil praporotion, native grass seed shall be seeded onto the site. Dormant native seeding shall occur between early October and mid-November. Permission for exception to this timing must be obtained from the City No seeding shall be performed when the soil is frozen, snow covered or excessively wet. The preferred seeding method is drill -seeding. Broadcast -harrow seeding will be used if soils are dry and powdery, when optimal seed depth would be exceeded using a drill seeder. The seeding method will be selected based on soil conditions at the time of seeding, as determined by the Contractor and approved by the City or the City's Representative. No hydroseeding shall be permitted Drill seeding Drill seeding is the preferred seeding method if soils are adequately firm and surface cobble is not excessive. Native grass seed shallbe applied using a native grass drill seeder equipped with a seed box agitator and depth bands. Seed shall be sown to a depth of one-quarter (1/4) to one-half (1/2) inch into a properly prepared seedbed On sloping land, the seed shall be applied following the general contour. Native grass seed shall be applied with drill seeding at the rate of 10 lbs per acre Broadcast -harrow seeding Broadcast -harrow seeding shall be used ONLY if soils are excessively dry and powdery. In addition, broadcast -harrow seeding may be used in the subsite of northern buried pipes (9 acres) where excessive 8 surface cobble may not allow use of a drill seeder Native grass seed shall be applied using a broadcas spreader equipped with a seed box and a spreader When using the broadcast method, the seeding area must be scarified prior to seeding (see Soil Treatment, Specification 21) and harrowed after seeding to increase seed -soil contact. Native grass seed shall be applied with broadcast -harrow seeding at the rate of 20 lbs per acre Following broadcast -harrow seeding, a certified weed -free straw mulch, meeting or exceeding state certification standards for "weed free", shall be applied over the surface of the soil Straw shall be applied at approximately 1 5 tons per acre, so that 15-20% of the soil is visible through the straw after application, depending on type and moisture content. Straw must be chmpod, rolled or punched in the soil to stabilize the straw; or a tackifier with low quantities of hydromulch may be applied over the surface of the straw. Straw should not be allowed to become wet after harvest prior to application on site. Broadcast -harrow seedind strawmu(ohopp|ioaUonnhaUnotbeperfbrmedonm/indydoys. Contractor shall apply only per manufactures recommendations Weed Control The Contractor shall be responsible for all weed control in seeded areas during the warranty period of project. Costs associated with weed upnbn|, including but not limited to time, mateha|n, application, shall be included in this bid item. 23. Native Grass Seed Mixes The Contractor shall purchase and provide seed mixes specified below Seed shall be ordered at the rate of 20 lbs per acre in the case that the broadcast -harrow method is required. Any unused seed shall be delivered to the City of Yakima Wastewater Treatment Plant, located at 2220 E Viola Avenue. Contact Marc Cawley at 509-575-6077 to set up a time and place. Location Seed Mix Dryland Mix Acres Floodplain Mix Acres SW and SE floodplain Floodplain 38.0 Outfall channels Floodplain 5.0 Soil Piles Dryland 2.5 North of buried pipes Dryland 5 0 Buried pipes - unplanted Dryland _ 4.0 Buried pipes - planted No seeding -- Previously hydroseeded TOTAL ACRES 115 33 TOTAL LBS (20 lbs/acre) 230 660 Two native grass seed mixes shall be used in different subsites of the project area as indicated in the Native Grass Seeding Areas map Attachment C All seed purchased must be certified free of weed seeds designated on the "All States Noxious Weed List" (2015 State Noxious -Weed Seed Requirements Recognized in the Administration of the Federal Seed Act) Test results from the certified seed analyst and seed analysis labels attached to the bags shall be provided to the City immediatelydelivery, and no less than one month prior to seeding. Only a finding (written documentation) of no weeds on the "All States Noxious Weed List" shall allow seed to be accepted and used. The origin of native seeds is verified with a yellow tag attached to each bag; the Contractor must arrange for yellow tags to be verified by the City or a City Representative immediately upon delivery, and no less than one month prior to seeding The point of origin (the location of collection not the location of seed cultivation) of native seeds shall be as geographicallyc/000hothepnojmotoreoaopooeib|e.ThmpointofohginofthenaUvemeada shall be within 1000 feet below and 500 feet above the elevation of the project area (project site is 995ft elevation above sea level), and from East of the Cascade Mountains. Native seed that has a point of origin outside of the previously stated elevation range, or more than 500 miles distance from the site must be approved by the City or City Representative prior to seed purchase and delivery Seed from West of the Cascade Mountains shall not be accepted Seed must be harvested and packaged for the 2016 year; 9 seed harvested and packaged prior to 2016 shall not be accepted. Seed which has become wet, moldy. or otherwise damaged in transit or storage shall not be accepted. Seed Mix 1 — Native flood lain . Species Name Proportion by PLS 15% Elymuselymoides Bottlebrush squirreltail Elymuslanceolatus ssp. lanceolabm Thickspike 30% Levn/uacinemeua Basin wildrye 30% Poasecunda Sandberg bluebrass Bluebunch wheatgrass 10% 15% Pseudonegneria�/��ta Seed Mix 2—Nmt�edm�� Species Name Proportion by PLS Elymuselymoides Bottlebrush squirreltail 20% Elymuslanceolatus ssp. lanceolatus Thickspike 50% P/aseounde Sandberg bluebrass 10Y6 24. Repair or This work shall consist of repair of any incidental damages to miscellaneous items within or adjacent to the project area. This includes complete replacement of items that are beyond repair as determined by the Engineer. Payment for "Repair or Replacement" shall be made by force account. For the purpose of providing a common proposal for all biddaru, and for that purpose only, the City has estimated the force account for "Repair and Replacement", and has arbitrarily entered the amount for the pay item in the proposal to become a part of the total bid by the Contractor. 25. Subcontracting If any work is to be performed by subcontractors, the provisions of Section 1-08.1 of the Standard Specifications for Road, Bridge and Municipal Construction shall be followed. A sample "Request to Sublet Work" is contained in this bid packet. 26. Weather Limits: Contractors shall adhere to all manufactures recommendations and/or limitations. 27. Warranty The Contractor shall warranty the life and good health of the seed installed until the entire project has been accepted by the City. Any areas deemed by the Cibe thin, weak, or dead shall be reseeded according to these specifications prior to the beginning of the one year warranty period. Standard of acceptable establishment for native seeding: Warrant seeded areas for consistency and completion of coverage. The standard of acceptable establishment shall be at least three (3) desirable seeded plant seedlings per square foot. All bare areas over 100 square feet in size shall be re -seeded with a drill seeder,or re -seeded and re -mulched using the broadcast -harrow method, according to specifications above When germination is complete and plants are visible, the Contractor shall notify the City and request an initial germination inspection for approval in order to complete the guarantee period Areas determined by the City to be thin, weak or dead shall be reseeded in fall 2017. Washouts shall be reseeded the fall following the germination inspection The above guarantee shall be applicable to any growing conditions through which seed areas of like kind could be expected to survive, and any deformity or cause of death which could be attributed to, or affected by, the physiological condition of the plant shall be deemed replaceable cause, however, this would not apply to losses due to ABNORMAL WEATHER conditions such as floods, excessive wind damage, drought, severe freezing or abnormal rains, as determined by the National Weather Service. 10 Replacements made by the Contractoshall be completed during the period set out as planting periods and shall be subjecto the same conditions and shall be made in the same manner as specified for the original planting area, and shall be done at no extra costo the City. This warranty shall not exceed 2 acceptable plantings. 28. Water The Contractor shall secure permission from and comply with all requirements of the water utility before obtaining water from fire hydrants. The Contractor shall notify the Engineer as soon as such permission is granted. The Contractor shall use hydrant wrenches only to open hydrants. While using hthe Contracto shall make certain that he hydrant valve is fully open in order to prevent damage to the hydrant valve. A metered hydrant connection furnished by the water utility shall be used as an auxiliary valve on the outlet line for control purposes. Fire hydrant valves shall be closed slowly to avoid a surge in the system causing undue pressure on the water lines. The Contractor shall carefully note the importance of following these directions. If a hydrant is damaged due to the Contractor or an employee of the Contractor, the Contractor shall immediately notify the water utility so that the damage can be repaired as quickly as possible Upon completing the use of the hydrants, the Contractor shall notify the water utility so that the hydrants may be inspected for possible damage. Any damage resulting from the use of the hydrantsby the Contractor will be repaired by the water utility, and the cost thereof shall be withheld, if necessary, form the final payment to the Contractor. 11 PERFORMANCE BOND Bond No. 4453327 BOND TO CITY OF YAKIMA KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Yakima, Washington has awarded to WILDLANDS, INC. (Contractor) hereinafter designated as the 'Principar a contract for the construction of the project designated Yakima Wastewater Division, Wastewater Treatment Plant Floodplain Restoration. City of Yakima Project No. 2432,all as hereto attached and made a part hereof arid whereas, said principal Is required under the terms of said contract to furnish a bond for the faithful performance of said contract: NOW, THEREFORE, we, the principal, and Westfield Insurance Company (Surely), a corporation, organized and existing under and by virtue of the laws of the State of Ohio , duly authorized to do business In the State of Washington, as surety, are jointly and severally held and firmly bound unto the City of Yakima, Washington, in the sum of $66,058.11 (Total Contract Amount) lawful money of the United Stales, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by those presents. THE CONDITIONS OF THIS OBLIGATIONS IS SUCH, that if the above bonded principal shall faithfully perform all of the provisions of said contract in the manner and within the time therein set forth, or within such extensions of lime as may be granted under said contract, and shall pay all laborers, mechanics, sub -contractors and material men, and all persons who shall supply said principal or sub -contractors with provisions and supplies for the carrying on of said work, and shall hold said City of Yakima, Washington, their employees, agents, and elected or appointed officials, harmless from any damage occasioned to any person or property by reason of any carelessness or negligence on the part of said principal, or any sub -contractor in the performance of said work and shall indemnify and hold the City of Yakima, Washington, its employees, agents, and elected or appointed officials, harmless from any damage or expense by reason of failure of performance as specified in said contract or from defects developing in the material or workmanship provided or performed under said contract, within a period of one year after its acceptance by the City of Yakima, Washington, then and in that event this obligation shall be void; but otherwise it shall be and remain in full force and effect. This obligation is entered into in pursuance of the statutes of the State of Washington, and the Ordinances of the City of Yakima, Washington. IN WITNESS WHEREOF, the said principal and the said surety have caused this bond to be signed and sealed by their duly authorized officers this ___nbay of .)uly , 2016. Approved as to form: tr, lCiyAtly) 13 Wildlands, Inc. 8y: (Signature) Zz1 i41-( (Print Name) By: (Title) CheuThafao re (Print Name) Attorney in Fad (Title) POWER NO. 4670042 03 General Power of Attorney CERTIFIED COPY Westfield Insurance Co. Westfield National Insurance Co. Ohio Farmers Insurance Co. Westfield Center, Ohio Know Ail Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY, and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company" and collectively as "Companies," duly organized and existing under the laws of the State of Ohio, and having their principal offices in Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint MICHAEL R. BUTTON, PAMELA R. URLACHER, CHERYL MOORE, MICHAEL R. MCWHORTER, JOHN R. MOSTOLLER. JOINTLY OR SEVERALLY. of RICH LAND and State of WA their true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred in their names, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship - - - LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE, OR BANK DEPOSITORY BONDS. and to hind ally of the Companies thereby en fully and to the same extol( as if such hands were signed by the President, sealed with the corporate seal of the applicable Company arid duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY, and 01410 FARMERS INSURANCE COMPANY. "BE IT RESOLVED, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject um the following provisions; The Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver. any and all bonds, recogniaarievs, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents cancelling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be as hind Mg upon The Company as if signed by the President and sealed and attested by the Corporate Secretary " "BE IT FURT II ER R ESO LN' ED thai the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile. and ally power of attorney or certificate hearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." t Each adopted at a meeting held on February 8, 2000.) In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY, and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto affixed this 14th day of October, A.D., 2015. Corporate Seals Affixed State of Ohio County of Medina ss.. WESTFIELD INSURANCE COMPANY WESTFIELD NATIONAL INSURANCE COMPANY OHIO FARMERS INSURANCE COMPANY b4i4,-7) By: Dennis P. Bans, National Surety Leader and Senior Executive On this 14th day of October, A.D., 2015, before me personally came Dennis P. Baus, to um known, who, being by me duly sworn, did depose and say, that he resides in Wooster, Ohio; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY, and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed by order of the Board of Directors of said Companies; and that he signed his name thereto by like order Notarial Seal Affixed State of Ohio County of Medina ss. CERTIFICATE I, Frank Carrino, Secretary of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY, and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full thrice and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. 27th day of July, 2016. In Witness Whereof, I have hereunto set my hand and affixed the seal of said Company at Westfield Center, Ohio, this day of AD., Ot-"- * .•5^ otTEitee :4; 1148 .*•••A...• By: David A. Kotnik, Attorney at Law, Notary Public My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) ii SEAL j9.1 i:±f SE By. Frank Carrino. Secretaty CERTIFICATE OF LIABILITY INSURANCE WILDINC-01 CMOORE DATE (MM/DDIYYYY) 7/27/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Richland Office PayneWest Insurance, Inc. 390 Bradley Blvd. Richland, WA 99352 INSURED WildLands Inc 1941 Saint St Richland, WA 99352 CONTACT NAME: PHONE 946-6161 ,_(Ay¢, No,_EKtl: �509 �. EMAIL ADDRESS: FAX (866) 2154862 INSURER(S) AFFORDING COVERAGE INSURER A:The Cincinnati Insurance Co. INSURER B : INSURER C INSURER D : INSURER E : INSURER F NAIC # :10677 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCELIMITS INSR ADOL:SUBR, POLICY EFF POLICY EXP LTR INSO NND? POLICY NUMBER � (MM/DD/YYYY) (MMlDD/YYYY) A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X ; OCCUR X WA Stop Gap I X Blnkt Addl Insured A A GEN'L AGGREGATE LIMIT APPLIES PER: POLICYX PRO- LOC JECT OTHER AUTOMOBILE LIABILITY OX ANY AUTO ALL OWNED AUTOS HIRED AUTOS X ENP0095495 08/13/2016 VSCHEDULED AUTOS X i NON -OWNED AUTOS X UMBRELLA LIAB X OCCUR EXCESS LIAB i CLAIMS -MADE DED RETENTION$ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below ......................... Rent/Lease Equipment Installation Floater Y/N ENP0095495 08/13/2017 EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Fa occurrerca), MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT' (Ea accident) 08/13/2016 08/13/2017 •, BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accidcr ( ENP0095495 N/A ENP0095495 ENP0095495 08/13/2016 EACH OCCURRENCE 08/13/2017 I AGGREGATE 08/13/2016 08/13/2016 08/13/2017 08/13/2017 $ 1,000,000 100,000 5,000 1,000,000 2,000,000 2,000,000 1,000,000 2,000,000 2,000,000 PER OTH- STATUTE ER E L. EACH ACCIDENT $ E L DISEASE - EA EMPLOYEE' $ E L DISEASE - POLICY LIMIT . $ Policy Limit policy limit 570,000 100,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) RE: City Project No. 2432 - Wastewater Treament Plant Floodplan Restoration. City of Yakima, City of Union Gap, their agents, employees, and elected and appointed officials are included as Additional Insureds per form GA233 attached. CERTIFICATE HOLDER City of Yakima 2220 E. Viola Yakima, WA 98901 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS' COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement - Table of Contents: Coverage: Begins on Page: 1. Employee Benefit Liability Coverage 2 2. Unintentional Failure to Disclose Hazards 7 3. Damage to Premises Rented to You 8 4. Supplementary Payments 9 5. Medical Payments 9 6. Voluntary Property Damage (Coverage a.) and Care, Custody or Control Liability Coverage (Coverage b ) 9 7. 180 Day Coverage for Newly Formed or Acquired Organizations ...............................................10 8. Waiver of Subrogation 10 9. Automatic Additional Insured - Specified Relationships. ... ...... ...................... .....................10 Managers or Lessors of Premises, Lessor of Leased Equipment; Vendors; State or Political Subdivisions - Permits Relating to Premises; State or Political Subdivisions - Permits; and Contractors' Operations 10. Broadened Contractual Liability - Work Within 50of Railroad Property 14 11. Property Damage to Borrowed Equipment .......................................... 14 12. Employees as Insureds - Specified Health Care Services: 14 Nurses; Emergency Medical Technicians; and Paramedics 13. Broadened Notice of Occurrence. . 14 B. Limits of Insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse- ment, except as provided below. 1. Employee Benefit Liability Coverage Each Employee Limit: $ 1,000,000 Aggregate Limit: $ 3,000,000 Deductible: 1,000 3. Damage to Premises Rented to You The lesser of: a. The Each Occurrence Limit shown in the Declarations; or b. $500,000 unless otherwise stated $ 4. Supplementary Payments a. Bail bonds. 1,000 b. Loss of earnings: $ 350 5. Medical Payments Medical Expense Limit: $ 10,000 GA 233 02 07 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 15 6. Voluntary Property Damage (Coverage a.) and Care, Cor Control Liability Coverage (Coverage b.) Limits of Insurance (Each Occurrence) Coverage a. $1,000 Coverage b. $5,000 unless otherwise stated $ Deductibles (Each Occurrence) Coverage a. $250Coverage b. $250 unless otherwise stated 11. Property Damage to Borrowed Equipment Each Occurrence Limit: $ 10,000 Deductible: $ 250 C. Coverages: 1. Employee Benefit Liability Coverage a. The following is addeto SECTION I - COVERAGES: Employee Benefit Liability Coverage. (1) GA 233 02 07 Insuring Agreement (a) We will pay those sums that the insured becomes legally obligated to pay as dam- ages caused by any act, er- ror or omission of the in- sured, or of any other per- son for whose acts the in- sured is legally |imb|m, to which this insurance ap- plies. We will have the right and duty to defend the in' in- sured against any "suit" seeking those damages. However, we will have no duty to defend against any ^ouit" seeking damages to which this insurance does not apply. We may, at our diocneUon, investigate any report of an act, error or omission and settle any claim or "suit" that may re- sult. But: 1) The amount we will pay for damages is limited as described in SEC- TION III - LIMITS OF INSURANCE; and 2) Our right and duty to defend ends when we (b) used up the ap- plicable limitof insur- ance n� su mnmeinthepaynnentof judgments or settle- ments.Nootherob|' ation or liabil- ib/ to pay sums or perform or services is covered unless explicitly provided for under Supplementary Pay- ments. This insurance applies to damages only if the act, er- ror or umiaxion, is negli- gently committed in the 'administration" of your "employee benefit pro- gram"; 1) Occurs during the pol- icy o|''period; or 2) Occurred prior to the effective date of this endorsement provided: a) You did not have knowledge of a claim or "suit" on or before the ef- fective date of this endorsement. You will be deemed to have knowledge of a claim or "suit" when any ,"authorized repre- sentative"; Includes copyrightednnmtorbdof|nnuranoe Services Office, Inc., with its permission. Page 2 of 15 COVERAGE PREMIUM BASIS (a) Area (b) Payroll (c) Gross Sales (d) Units (e) Other RATE (For Limits Excess of $5,000) ADVANCE PREMIUM (For Limits Excess of �5.0OO\ ' b. Care, Custody or Control $ TOTAL ANNUAL PREMIUM $ INCL 11. Property Damage to Borrowed Equipment Each Occurrence Limit: $ 10,000 Deductible: $ 250 C. Coverages: 1. Employee Benefit Liability Coverage a. The following is addeto SECTION I - COVERAGES: Employee Benefit Liability Coverage. (1) GA 233 02 07 Insuring Agreement (a) We will pay those sums that the insured becomes legally obligated to pay as dam- ages caused by any act, er- ror or omission of the in- sured, or of any other per- son for whose acts the in- sured is legally |imb|m, to which this insurance ap- plies. We will have the right and duty to defend the in' in- sured against any "suit" seeking those damages. However, we will have no duty to defend against any ^ouit" seeking damages to which this insurance does not apply. We may, at our diocneUon, investigate any report of an act, error or omission and settle any claim or "suit" that may re- sult. But: 1) The amount we will pay for damages is limited as described in SEC- TION III - LIMITS OF INSURANCE; and 2) Our right and duty to defend ends when we (b) used up the ap- plicable limitof insur- ance n� su mnmeinthepaynnentof judgments or settle- ments.Nootherob|' ation or liabil- ib/ to pay sums or perform or services is covered unless explicitly provided for under Supplementary Pay- ments. This insurance applies to damages only if the act, er- ror or umiaxion, is negli- gently committed in the 'administration" of your "employee benefit pro- gram"; 1) Occurs during the pol- icy o|''period; or 2) Occurred prior to the effective date of this endorsement provided: a) You did not have knowledge of a claim or "suit" on or before the ef- fective date of this endorsement. You will be deemed to have knowledge of a claim or "suit" when any ,"authorized repre- sentative"; Includes copyrightednnmtorbdof|nnuranoe Services Office, Inc., with its permission. Page 2 of 15 i) Reports all, or any part, of the act, error or omission to us or any other insurer; ii) Receives a written or ver- bal demand or epba|denmandor claim for dam- ages because of the act, er- ror or omis- sion; and b) There is no other applicable insur- ance. (2) Exclusions This insurance does not apply to - Bodily Injury, Property (a) "BodilyDamage or Personal and Advertising Injury damage" or "personal and advertising injury". Criminal or Malicious Act (b) Dishonest, Damages arising out of an y intentional, dishonest, fraudulent, criminal or mali- cious act, error or omission, committed by any insured, including the willful or reck- less violation of any statute. (c) Failure to Perform a Con- tract Damages arising out of fail une of performance of con- tract by any insurer. (d) Insufficiency of Funds Damages arising out of an insufficiency of funds to meet any obliU o under any plan included in the "employee benefit pro- gram". (e) Inadequacy of Perform- ance of Investment / Ad- vice Given With Respect to Participation Any claim based upon. 1) Failure of any invest- ment to perform; nvmst-mentboperhonn; 2) Errors in providing in- formation on past pmr' fornnsnoeofinvestment vehicles, or 3) Advice given to any person with respect to thatperson's decision to participate or not to participate in any plan included in the "em- ployee benefit pro- gram". (f) Workers' Compensation and Similar Laws Any claim arising out of your failure to comply with the mandatory provisions of any workers' compensation, unemployment compensa- tion insunance, social secu- rity or disability benefits law or any similar law. (g) ERISA Damages for which any in- sured is liable because of liability imposed on a fiduci- ary by the Employee Re- tirement Income Security Act of 1974, as now or hereafter amonded, or by any similar hsdena|, state or local laws. (h) Available Benefits Any claim for benefits to the extent that such benefits are avai|ab|e, with reason- able effort and cooperation of the insured, from the ap- p|ioab|e funds accrued or other collectible insurance / Taxes, Fines or Penalties Taxes, fines or penalties, including those imposed under the Internal Revenue Code or any similar state or local law. (j) Employment -Related Practices Any liability arising out of any: (1) Refusal to employ, em- ployment; Coeroion, dennoUon, evauaUon, ment, diocip|ine, defa- mation, harassment, hunnUiabun, discrimina- tion or other employ - Includes material of Insurance (3) ment-related prautices, acts or omissions, or (4) Consequential liability as a result of (1), (2) or (3) above. This exclusion applies whether the insured may be held liable employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. (3) Supplementary Payments SECTION I - COVERAGES, SUPPLEMENTARY PAY- MENTS - COVERAGES A AND B also apply to this Coverage. b. Who is an Insured As respects Employee Benefit Liabil- kv Covemgg. SECTION II - WHO IS AN INSURED is deleted in its en- tirety and n'tiratyand replaced by the following: (1) If you are designated in the Declarations as: (a) An individual, you and you spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner (b) A partnership ven- ture, you are an insured. Your nnenmbero, your part- ners, and their spouses are also insureds but only with respect to the conduct of your business. (c) A limited liability company, you are an insured. Your members are also ineunsdo, but only with respect to the conduct of your business. Your managers are in- sureds, but only with re- spect to their duties as your *'opecttotheirduUasaoyour managers. (d) An organization other than a partnership, jointventuno or limited liability uonmpmny, you are an insured. Your "executive officers"and di- rectors are inuunyds, but only with respect to their duties as your officers or di- reoh»ro Your stockholders are also inouveds, but only with respect to their liability as stockholders. (e) A trust, you are an insured. Your trustees are also in- ounads, but only with re- spect to their duties as trustees. (2) Each of the following is also an insured. (a) Each of your "employees" who is or was autorized to administer your "employee benefit program" "employee(b) Any persons, organizations or "employees" having proper temporary authori- zation to administer your benefit program" if you die, but only until your legal representative is ap pointed Your legal representative if you die, but only with re- spect to duties as such That representative will eaU your rihtnanddu' den under this Coverage Part. (3) Any izaUnn you newly ac- quire nership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if no other similar insurance applies to that organization. However, cover- age under this provision. (a) Is afforded only until the 180th after you acquire or form the organization or the end of the policy period, whichever is aadio|. mnd (b) Does not apply to any act, error or omission that was committed before you ac- quired or formed the or- ganization. c. Limits of Insurance As respects Employee Benefit Liabil- ity Coverage, SECTION III - LIMITS OF INSURANCE is deleted in its on' brpty and replaced by the following: (1) The Limits of Insurance shown in Section B. Limits of Insur- ance, 1. Employee Benefit Li- ability Coverage and the rules below fix the most we will pay regardless of the number of: (a) Insureds; Includes copyrightedmabsho of Insurance GA 233 02 07 GA 233 02 07 Claims made or "suits" brought; Persons or organizations making claims or bringing "suits"; Acts, errors or omissions; or Benefits included in your pro- gram". (2) The Aggregate Limit shown in Section B. Limits of Ineunance, 1. Employee Benefit Liability Coverage of this endorsement is the most we will pay for all damages because of acts, er- rors or omissions negligently committed in the "administra- tion" of your "employee benefit program". Subject to the limit described in (2) above, the Each Employee Limit shown in Section B. Limits of Insurance, 1. Employee Benefit Liability Coverage of this endorsement is the most we will pay for all damages sus- tained by any one ^emp|qywe^, including damages sustained by such "employee's" dependents and beneficiaries, as a result of: (3) (a) An act, error or omission; or (b) A series of related acts, er- rors or onnioaiuns, regard- less * nd|emu of the amount of time that lapses between such acts, errors or omissions, negligently committed in the "administration" of your "em- ployee benefit program" ern'p|oyeebenefitpnognamn" However, the amount paid un- der this endorsement shall not exceed, and willbe subject to the limits and restrictions that apply to the pann tofbenefib; in any plan included in the "em- ployee benefit program" (4) Deductible Amount (a) Our obligation to pay dam- agen on behalf of the in- sured applies only to the amount of damages in ex- cess of the deductible amount stated in the Decla- rations as applicable to Each Employee. The limits of insurance shall not be reduced by the amount of this deductible. (b) The deductible amount stated in the Declarations applies to all damages sustained by any "em- ployee", 'employee's" dependents and beneficiaries. because of all acts, errors or omis- sions to which this insur- ance applies. (c) The terms of this insurance, including those with respect to: 1) Our ht and duty to defend the insured against any "suits" seeking those dam- ages; and ann'agea;and 2) Your duties, and the duties of any other in- volved inauned, in the event of an act, error or omimoion, or claim, apply irrespective of the application of the deductible amount. (d) We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as we have paid. d. Additional Conditions As respects Employee Benefit Li- ability Cwvwrmge, SECTION IV - COMMERCIAL GENERAL LIABIL- ITY CONDITIONS is amended as follows. (1) Item 2. Duties in the Event of Occurrence, Offense, Claim or Suit is deleted in its entirety and replaced by the following. 2. Duties in the Event of an Act. Error or Omission, or Claim or Suit a. You must see to it that we are noti- fied as soon as practicable of an act, error or omission which may result in a claim. To the extent possible, no- tice CI) What the act, error or omission was and when it occurred; and (2) The names and addresses of anyone who may suffer dam- ages as ann'ageoeo a result of the act, error or omission. Includes copyrighted copyrighted material of lnsurance Services Office, Inc., with its permission. Page 5 of 15 b. If a claim is made or 'suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received, and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. You and any other involved insured must: (1) Immediately send us copies of any demands, notices, sum- monses or legal papers re- ceived in connection with the claim or "suit", (2) Authorize us to obtain records and other information; Cooperate with us in the investi- gaUon or settlement of the claim or defense against the "suit"; and (4) Assist in the enforcement of any right against any person or organiza- tion which may be liable to the insured because of an act, error or omission to which this insur- ance may also apply. d. No insured will, except at that in' suoad'sownuost.vo|unbuh|ymakea payment, assume any ob|igedion, or incur any expense without our con- sent. (2) Item 5. Other Insurance is de- leted in its entirety and replaced by the following: 5. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is pri- mary except when c' below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary Then, we will share with all that other insurance by the method described in b. below. (3) GA 233 02 07 b. Method of Sharing If all of the other insur- ance permits contribu- tion by equal uharao, we will follow this method also. Under this approach each in- surer contributes n'sunsrconbibuteo equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other in- surance does not per- mit contribution by equal ohoreo, we will contribute by limits. Under this nnathod, each insurer's share is based on the ratio of its applicable limit of in- surance to the total ap- plicable limits of insur- ance of all insurers. nour'anomnfaUinuunoro. c. No Coverage This insurance shall not cover any loss for which the insured is entitled to recovery un- der any other insur- ance in force previous to the effective date of this Coverage Part. e. Additional Definitions As respects Employee Benefit Li- ability Covmmmgm, SECTION V - DEFINITIONS is amended as fol- lows: (1) The following definitions are added: 1. "Administration" means: a. Providing information to ^enmp|oveus', including their dependents and beneficiaries, with re- spect to eligibility for or scope of "employee benefit programs", Interpreting the "em- ployee benefit pro- grams"; Handling records in connection with the "employee benefit pro- grams", or vo'gmmms''.or d. Effecting,continuing or terminating any "em- ployee's" Includes copyrightednnabaria\cf|nxuranm* b. c. in any benefit included in the "employee bene- fit program" However, "administration" does not include: a. Handling payroll de- ductions, or e-ouoonns.or b. The failure to effect or maintain any insurance or adequate limits of coverage f insurance, including but not limited to unemployment in- surance, social security benefits, workers' com- pensation and disability benefits. 2. "Cafeteria plans" means plan authorized by applica- b|e law to allow "employ- ees" to elect to pay for cer- tain benefits with pre-tax dollars. 3. "Employee benefit pro- grams" means a program providing some or all of the following benefits to "em- ployees", whether provided enn'p|oyees'',vvhetherprovided through a "cafeteria plan" or otherwise: a. Group life insurance; group accident or health insurance; den- tal, vision and hearing plans; and flexible spending accounts; provided that no one other than an "em- ployee" may subscribe to such benefits and such benefits are made generally available to those "employees" who satisfy the plan's eligi- bility requirements, |'i'bUkvrequiremenks. b. Profit sharing pkuno, employee savings p|ans, employee stock ownership p|ans, pen- sion | and stock subscription piano, provided that no one other than an "em- ployee" may. subscribe to such benefits and such benefits are made generally available to all "employees" who are eligible under the plan for such benefits; c. Unemployment insur- ance, social security benefits, workers' com- pensation anddinabi|hv benefits; and d. Vacation p|ano, includ- ing buy and sell pro- grams; leave of ab- sence programs,in- cluding mni|itary, mater- nity, family, and civil leave; tuition assis- tance p|ans, transpor- tation and health club subsidies. (2) The following definitions are deleted in their entirety and re- placed by the following: e'p|moedbythefoUovvinQ: 21. "Suit" means a civil pro- ceeding in which money damages because of an act, error or omission to which this insurance applies are alleged. "Suit" includes a. An arbitration pro- ceeding in which such damages are claimed and to which the in- sured must submit or does submit with our consent; b. Any other alternative dispute resolution pro- ceeding in which such damages are claimed and to which the in- sured submits with our consent; or c. An appeal of a civil proceeding. 8. ''Employee" means a per- son activel or-oonacUve| loyed, for- medy employed, on leave of absence or disabled, or retired. "Employee" in- cludes a "leased worker" "Employee" does not in- clude a "temporary worker". n'o|udea"tannpuxarywmrkor". 2. Unintentional Failure to Disclose Haz- ards SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 7. Represen- tations is hereby amended by the addi- tion of the following. ddi'Uonufthehn|lowing. Based on our dependence upon your representations as to existing hazards, if unintentionally you should fail to disclose all such hazards at the inception date of your ooUmy, we will not reject coverage under this Coverage Part based solely on such failure Includes material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 7 of 15 3. Damage to Premises Rented to You a. The lat Subanag h of Paragraph 2. SECTION I - COVERAGES, COVERAGE A. - BODILY INJURY AND PROPERTY DAN8AGE, 2. LI- ABILITY Exclusions is hereby de- leted and replaced by the following. Exclusions c. through q' do not apply to damage by fire, explosion, light- ning, smoke or soot to premises while rented to you or temporarily occupied by you with permission of the owner. b. The insurance provided under SEC- TION I - COVERAGES, COVERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY applies to "property darnage" arising out of water damage to premises that are both rented to and occupied by you. As respects Water Damage Le- gal Paragraph 3.b. above: The exclusions under SECTION I - COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABIL- ITY, 2. Exclusions, other than i. War and the Nuclear Energy Liability ExcUusion, are deleted and the following are added: This insurance does not apply to: (a) "Property damage": 1) Assumed in any con- tract; or on'tnuct;or 2) Loss caused by or re- sulting from any of the following: a) Wear and tear; b) Rust, oonosion, fungus, hid- den or latent de- fect or an e'fecturan quality in property that causes it to dam- age or destroy it- self; c) Smog, d) Mechanical breakdown in- cluding rupture or bursting caused by centrifugal force; e) Settling, cracking, shrinking or ex- pansion; or x-panomn;or f) Nesting or infesta- Uon. or discharge or release of waste products or oeuvoUono, by in- sects, binde, ro- dents or other animals. (b) Loss caused directly or indi- rectly by any of the follow- ing: 1) Earthquake, vo|uanio eruption, landslide or any other earth move- ment; 2) Water that backs up or overflows from a sewer, drain or sump, 3) Water under the ground surface press- ing on, or flowing or seeping through: a) FoundaUons, vvaUs, floors or paved surfaces; b) Booementa, whether paved or not; or c) Doors, windows or other openings. (c) Loss caused by or resulting from water that leaks or flows from p|unnbing, heat- ing, air conditioning, esd'inQ.airoondiUoning. or fire protection systems caused by or resulting from freez- ing, unless. voez'inQ.un|mso. 1) You did your best to maintain heat in the building or structure; or 2) You drained the equipment and shut off the water supply if the heat was not main- tained. (d) Loss to or damage to. 1) Plumbing,homdng, air nonditioning, fire pro- tection nyobsnna, or other equipment or ap- pliances; or 2) The interior of any building or otruchune, or to personal property in the building or structure Includes copyrightedmabariduf|nnuranm* caused by or resulting from rain, snow, sleet or ice, whether driven by wind or not. c. Limit of Insurance The Damage to Premises Rented to You Limit as shown in the Declara- tions is amended as follows: ec|anu'bonuisannmndmdashoUowu: (2) Paragraph 6. of SECTION III - LIMITS OF INSURANCE is hereby deleted and replaced by the following: 6. Subject to 5' above, the Damage to Premises Rented to You Limit is the most we will pay under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABULATY, for damages because of "property damagm" to premises while rented to you or temrarily occupied by you with permission of the owner, arising out of any one "occurrence" to which this insurance ap- plies. The amount we will pay is Urn ited as described in Section B Limits of Insurance3. Dam- age to Premises Rented to You of this endorsement. (3) ' ' 4. Supplementary Payments Under SECTION I - COVERAGE, SUP- PLEMENTARY PAYMENTS - COVER- AGES A AND B: a. Paragraph 2. is replaced by the fol- lowing: Up to the limit shown in Section B. Limits of Insurance, 4.a. Bail Bonds of this endorsement for cost of bail bonds rei d becauseofacnidento or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage ap- plies. We do not have to furnish these bonds. b. Paragraph 4. is replaced by the fol- lowing - All reasonable expenses z|'|owing-/U|noauonmb|omxponueo incurred b the insured at our request to assist us in the investigation or defense of the claim or ^uuit^, including actual loss of earnings up to the limit shown in Section B. Limits of Insurance, 4.b. Loss of Earnings of this en- dorsement per day n'dorsemmntperday because of time off from work. GA 233 02 07 5. Medical Payments The Medical noe Limit of Any One Person as stated in the Declarations is amended to the limit shown in Section B. Limits of Insurance, 5. Medical Pay- ments of this endorsement. my'mmemtmofth|sendoro*nnenL 6. Voluntary Property Damage and Care, Custody or Control Liability Coverage a. Voluntary Property Damage Cov- erage We will pay for "property damage" to property of others arising out of op- enaUono incidental to the insured's business when: (1) Damage is caused by the in- sured; (2) Damage occurs while in the in' oured'opoxoesoion. With your conaont, we will make these payments regardless of fault. b. Care, Custody or Control Liability Coverage SECTION I - COVERAGES, COV- ERAGE A. BODILY INJURY AND PROPERTY DAMAGE LUABULUTY, 2. Exclusions, j. Damage to Property, Subparagraphs (3), do not apply to "property damage" to the property of others described therein. With respect to the insurance provided by this section of the endorsement, the fol- lowing additional provisions apply. o|'|ovvinQaddiUona|pnoviaionoapp|y. a. The Limits of Insurance shown in the Declarations are replaced by the lim- its designated im'itndeoignabed in Section B. Limits of Insurance, G' Voluntary Properly Damage and Care, Custody or Control Liability Coverage of this endorsement with respect to cover- age provided by this endorsement, These limits are inclusive of and not in addition to the limits being re- placed. The Limits of Insurance shown in Section B. Limits of Insur- ance, 6. Voluntary Property Dam- age and Care, Custody or Control Liability Coverage of this endorse- ment fix the most we will pay in any one ''occurnanoe" regardless of the number of: (1) Insureds; (2) Claims made or "suits" brought; Or (3) Persons or organizations mak- ing claims or bringing "suits". Includes hted material of Insurance b. Deductible Clause 9. Automatic Additional Insured - Speci- fied Relationships a. The following is hereby added to SECTION II- WHO IS AN INSURED. (1) Any person or organization de- scribed in Paragraph 9.a.(2) below (hereinafter referred to as additional insured) whom you are required to add as an addi- dona| insured under this Cover- age Part by reason of: uver'agePmdbyoeauonof: ' (a) A written contract or agreement; or (b) An oral agreement or con- tract where a certificate of insurance h vxin that per son or organization as an additional insured has been issued, is an insured, provided. (1) Our obligation to pay damages on your behalf applies only to the amount of damages for each ex- cess of the deductible amount stated in Section B. Limits of Insurance, 6. Voluntary Prop- erly Damage and Care. Cus- tody or Control Liability Cov- erage fthis endorsement, The limits of insurance will not be re- duced b e'd db the pplication of such deductible amount. (2) Condition 2. Duties in the Event of Occurrence, Offense, Claim or Suit, applies to each claim or "suit" irrespective of the amount. We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon notification of the ac- tion baken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. 7. 180 Day Coverage for Newly Formed or Acquired Organizations SECTION UU-WHOUS AN INSURED is amended as follows: Subparagraph a. of Paragraph 4. is hereby deleted and replaced by the fol- lowing: a. Insurance under this provision is af- forded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; 8. Waiver of Subrogation SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 9. Transfer of Rights of Recovery inet Others to Us is hereby amended by the addition of the following: We waive any right of recovery we may have because of paments we make for injury or damage arising out of your on- going operations or "your work" done un- der a written contract requiring such waiver with that person or organization and included in the "products -completed operations hazard". However, our rights may only be waived prior to the "occur- rence" giving rise to the injury or damage for which we make payment under this Coverage Part, The insured must do nothing after a loss to impair our rights. At our request, the insured will bring 'suit" or transfer those rights to us and help us enforce those rights (3) GA 233 02 07 (a) The written or oral contract or agreement is. 1) Currently in effect or becomes effective during the policy pe- riod; and 2) Executed prior to an "occurrence" or offense to which this insurance would apply; and (b) They are not specifically named as an additional in- sured under any other pro- vioion of, or endorsement added to, this Coverage Part. (2) Only the following persons or organizations are additional in- sureds under this endorsement, n'ouredeunderthiuen6oroement. and insurance coverage pro- vided to such additional in- sureds is limited as provided herein: (a) Includes copyrightedmmteria|of|nsunance The manager or lessor of a premises leased to you with whom you have agreed per Paragraph 9.a.(1) above to provide insurance, but only with respect to liability aris- ing out of the ownership, maintenance or use of that part of a premises|euuodbz you, subject to the following additional exclusions: This insurance does not apply to. 1) Any "occurrence" which takes place after you cease to be a ten- ant in that premises. 2) Structural aberaUons, new construction or demolition operations performed by or on be- half of such additional insured. (b) Any person or organization from which you lease equipment with whom you have agreed per Paragraph 9.a.(1) above to provide in- surance, Such person(s) or organization(s) are insureds solely with respect to their liability arising out of the maintenance, operation or use by you of equipment leased to you by such per- son(s) or organizations(s), However, this insurance does not apply to any "oc- currence" which takes place after the equipment lease expires. (c) Any person or organization (referred to below as ven- dor) with whom you have agreed per Paragraph 9.a.(1) above to provide in- surance, but only with re- spect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the ven- dor's huoinase, subject to the following additional ex- clusions: 1) The insurance afforded the vendor does not apply to. a) "Bodily injury" or "propertydamage" for which the ven- dor is obligated to pay damages by reason of the as- sumption of liabil- ity in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the ab- sence of the con- tract or agree- ment; b) Any war- ranty unauthorized ar-nyntyunauthohzed by you; Includes hted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. c) Any physical or chemical change in the product made intentionally by the vendor; d) Repackaging, un- less unpacked solely for the pur- pose of inspection, demonstration, testing, or the substitution of parts under in- structions from the n'stnuoUonafromU)o manufacturer, and then repackaged in the original container; e) Any failure to make such in- spections, adjust- ments, tests or servicing as the vendor has agreed to make or normally under- takes to make in the usual course of buoineaa, in connection with the distribution or sale of the prod- ucts; f) Demonstration, in- stallation, servic- ing or repair op- erations, such operations performed at the vendor's premises in connection with the sale of the product; Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. 2) This insurance does not apply to any in- sured person or or- ganization: a) From whom you have acquired g) Page 11 of 15 companying or containing such products, or b) When liability in- cluded within the "products - completed opera- tions hazard" been excluded under this Cover- age Part with re- spect to such products. (d) Any state or political subdi- vision with which you have agreed per Paragraph 9.a.(1) above to provide in- surance, to the fol- lowing additional provision: This insurance applieson|y with respect to the following hazards for which the state or political subdivision has issued a permit in connec- tion with premises you own, rent or control and to which this insurance applies 1) The existence, mainte- nance, repair, con- struction, eveubnn, or removal of advertising signs, awnings, cano- pies, cellar enbonoeo, coal ho|en, driveways, nnanho|eo, rnanlueen, hoist away openingo, sidewalk vau|ts, street bannerm, or decora- tions and enorm'Uonsand similar expo- sures; or 2) The construction, erec- bwn. or removal of ele- vators; or |e'vatoru;or 3) The nvvnerohip, main- tenance, or use ain'bonanoe.oruae of any elevators covered by this insurance. (e) Any state or political subdi- vision with which ubdi'vimnnvviNhwhioh youhuve agreed per Paragraph 9.m.(1) above to provide in- surance, to the fol- lowing provisions: 1) This insurance ||e only with respect to op- erations performed by you or on your behalf for which the state or political subdivision has issued a permit. (3) (N 2) This insurance does not apply to "bodily jury", "property dam- age" or ''personal and advertising injury" aris- ing out of operations performed for the state or political subdivision. Any person or organization with which you have agreed per Paragraph 9 mM1 above to provide insurance, but only with respect to li- ability arising out of "your work'' performed for that additional insured by you or on your behalf. A person or organization's status as an insured under this provision of this endorsement contin- ues for only the period of time required by the written contract or agreement, but in no event beyond the ex- piration date of this Cover- age Part. If there is no written contract or agree- ment, or if no period of time is required by the written contract or agreement, a person or organization's status as an insured under this endorsement ends when your operations for that insured are completed. Any insurance provided to an additional insured designated under Paragraph 9.a.(2): Subparagraphs (e) and (f) does not apply to "bodily injury" or "property damage" included within the "prod- ucts -completed operations (a) hazard"; (b) Subparagraphs (a), (b), "bodily injury", "property damage" or "personal and advertising injury" arising out of the sole negligence or willful misconduct of the additional insured or their agents, "employees" or any other rereoentative of the additional insured, or (c) Subparagraph (f) does not apply to "bodily injury", "property damage" or "per- sonal and advertising injury" arising out of: 1) Defects in design fur- nished by or on behalf Includes copyrightedmab*ridcf|nsurance of the additional in- sured, or n'sunod.or 2) The rendering of, or failure to render, any professional architec- tural, engineering or surveying services, in- cluding- a) n'c|uding-mJ The preparing, approving or fail- ing to prepare or approve maps, shop drawingo, opiniono, papodo, surveys, field or- ders, pdoro' change or- ders or drawings and specifications; and b) Supervisory, in- spection, archi- tectural or engi- neering activities. ng|'ngehngacUvitimn. 3) "Your work" for which a consolidated (wrap-up) insurance program has been provided by the primecon tractor -project manager or owner of the construction project in which you are in- volved. b. Only with regard to insurance pro- vided to an om'vidwdtoon additional insured desig- nated under Paragraph Sub- paragraph LIMITS OF INSURANCE is amended to include: The limits applicable to the additional insured are those specified in the written contract or agreement or in the Declarations of this Coverage Part, whichever are less. If no limits are specified in the written contract or agreement, or if there is no written contract or agreement, the limits ap- plicable to the additional p'o|ioab|etothmaddiUpna| insured are those specified in the Declarations of this Coverage Part. The limits of in- suranoe are inclusive of and not in addition to the limits of insurance shown in the Declarations. c. SECTION IV - COMMERCIAL GEN- ERAL LIABILITY CONDITIONS is hereby amended as follows: (1) Condition 5. Other Insurance is amended to include: (a) Where required by a written contract or mgnsonnont, this insurance is primary and / or noncontributory as re- spects any other insurance policy issued to the addi- tional insuved, and such other insurance policy shall be excess and / or noncon- tributing, whichever applies, with this insurance. (b) Any insurance provided by this endorsement shall be primary to other insurance available to the additional insured except: 1) As otherwise provided in SECTION IV - COMMERCIAL GEN- ERAL LIABILITY CONDATIONS, 5, Other Insurance, b. Excess Insurance, or 2) For another valid and collectible insurance available to the addi- tional insured as an additional insured by attachment of an en- dorsement to another insurance policy that is written on an excess basis. In such case, the coverage provided under this endorse- ment shall also ndorse'nnentohmUa|oo be ex- cess. (2) Condition 11. Conformance to Specific Written Contract or Agreement is hereby added: 11. Conformance to Specific Written Contract or Agreement With respect to additional insureds described in Para- graph 9.a.(2)(f) above only - If a written contract or agreement between you and the additional insured specifies that coverage for the additional insured: a. Be provided by the In- surance Services Of- fice additional insured form number CG 20 10 or CG 20 37 (where edition specified), or b. Include coverage for completed operations; or Includes hted material of Insurance GA c. Include coverage for "your work", and where the limits or cov- addi- tional insured is more re- strictive than was specifi- cally required in that written contract or agnsmment, the terms of Paragraphs 9.a.(3)(a), 9.a.(3)(b) or 9.b' above, or any combination thepaof, shall be interpreted as providing the limits or coverage required by the terms of the written contract or agnyement, but only to the extent that such limits or coverage is included within the terms of the Coverage Part to which this endorse- ment is attached. If, how- ever, the written contract or agreement specifies the In- surance Services ()Mice additional insured form number CG 20 10 but does not specify which edition, or specifies an edition that does not exist, Paragraphs 9.a.(3)(a) and 9.a.(3)(b) of this endorsement shall not apply and Paragraph 9.b. of this endorsement shall ap- ply. 10. Broadened Contractual Liability - Work Within 50' of Railroad Property It is hereby agreed that Paragraph f.(1) of Definition 12. "Insured contract" (SEC- TION V - DEFINITIONS) is deleted. 11. Property Damage to Borrowed Equip - ment a. The following is hereby added to Ex- clusion j. Damage to Property of Paragraph 2., Exclusions of SEC- TION I - COVERAGES, COVERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY Paragraphs (3) and (4) of this exclu- sion do not apply to tools or equip- ment loaned to you, provided they are not being used to perform opera- tions at the time of loss. b. With respect to the insurance pro- vided by this section of the en- dorsement, the following additional provisions apply: (1) The Limits of insurance shown in the Declarations are replaced by the limits designated in Sec- tion B. Limits of Insurance, 11. of this endorsement with respect to coverage provided by this endorsement. These limits are inclusive of and not in addition to the limits being replaced. The Limits of Insurance shown in Section B. Limits of Insurance, Includes copyrightednnmburia|of|nsurance GA 233 02 07 Services Office, Inc., with its permission. Page 14 of 15 11' of this endorsement fix the most wewill pay inany one "oc- currence" regardless of the number of: (a) Insureds; (b) Claims made or "suits" brought; or (c) Persons or organizations making claims or bring "suits". (2) Deductible Clause (a) Our b|' tion to pay dam- ages only to the amount of dam- ages for each "occurrence" which are in excess of the Deductible amount stated in Section B. Limits of Insur- ance, 11. of this endorse- ment. The limits of insur- ance will not be reduced by nsur'mncewi||notbeveduoedby the application of such De- ductible amount. e'duuUb\eannount. (b) Condition 2. Duties in the Event of Occurrence, Of- fense,Claim or Suit, ap- plies to each claim or "suit" irrespective of the amount. (c) We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon notification of the action tahmn, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. 12. Employees as Insureds - Specified Health Care Services It is hereby agreed that Paragraph 2.a.(1)(d) of SECTION |l - WHO IS AN INSURED, does not apply to your "em- ployees" who provide professional health care services on your behalf as duly li- censed: a. Nurses; b. Emergency Medical Technicians, or c. Paramedics, in the jurisdiction where an "occurrence" or offense to which this insurance applies takes place. 13. Broadened Notice of Occurrence Paragraph a. of Condition 2. Duties in the Event of Occurrence, Offense, Claim or Suit (SECTION IV - COMMER- CIAL GENERAL LIABILITY CONDI- TIONS) is hereby deleted and replaced by the following: a. You must see to it that we are noti- fied as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include. (1) How, when and where the "oc- currence" or offense took place; nc'uurrenoe^oroffensetookp|aue; GA 233 02 07 (2) The names and addresses of any injured persons and wit- nesses; and d'neoses;ano (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. This requirement applies only when the "occurrence" or offense is known to an "authorized representative. Includes copyrightednnateria|of|nsunance POLICY NUMBER: CPP 1009640 01 COMMERCIAL GENERAL LIABILITY CG25030509 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE f Designated Construction Project(sl: COVERAGE APPLIES TO CERTIFICATES OF INSURANCE REFERENCING FORM CG2603 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes le- gally obligated to pay as damages caused by "occurrences" under Section I - Coverage A, and for all medical expenses caused by acci- dents under Section I - Coverage C, which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Proj- ect General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project Gen- eral Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury' or "property damage" included in the "products -completed oper- ations hazard", and for medical expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or "suits' brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Desig- nated Construction Project General Aggre- CG 25 03 05 09 gate Limit for that designated constructIon project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown In the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will bog subject to the applicable Designated Construction Project General Aggregate Limit. B. For ail sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I - Coverage A, and for all methcal expenses caused by &allow I — AMINO. Ci• only to osrgefng operations at a single designated construction project shown in the Schedule above: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products -completed Opera- tions Aggregate limit, whichever is ap- plicable; and ° Insurance Services Office, Inc., 2006 Page 1 of 2 Wolters Kluwer Financial Services I uniform Farms , 2. Such payments shall not reduce any Des- ignated Construction Project General Aggregate Umit. C. When coverage for liability arising out of the 'products -completed operations hazardis Provided, any payments for damages because of 'bodily injury" or 'property damage' In- cluded in the 'products -completed operations hazard' will reduce the Products -completed Operation, Aggregate Umit, and not reduce the General Aggregate Limit nor the Desig- nated Construction Project General Aggregate Limit. Peg. 2 of 2 D. If the applicable designated construction proj- ect has been abandoned, delayed, or aban- doned and then restarted, or if the authorized contracting parties deviate from plane, blue- prints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Section ill - Limits Of In- surance not otherwise modified by this endorsement shall continue to apply as stipulated. 0 Insurance Services Office, Inc., 2008 CO 25 03 05 09 17 COMPLIANCE WITH IMMIGRATION AND NATURALIZATION ACT The City of Yakima supports the Federal Immigration, Reform and Control Act of 1986, as amended. The City requires that all contractors or business entities that contract with the City for the award of any City contract for public works in excess of Five Thousand Dollars ($5,000), or any other city contract in excess of Two Thousand Five Hundred Dollars /$2,500\, enroll in the E -Verify program or its successor, and thereafter to verify its employees' proof of citizenship and authorization to work in the United States. E -Verify will be used for newly hired employees during the term of the contract ONLY: it is NOT to be used for existing employees. The Contractor must remain enrolled in the program for the duration of the contract and be responsible for verification of every applicable subcontractor. The contractor shall sign and return with their bid response the E -Verify Declaration below. Failure to do so may be cause for rejection of bid. E -VERIFY COMPLIANCE DECLARATION The undersigned declares, under penalty of perjury under the laws of Washington State that: 1. By submitting this Declaration, I certify that I do not and will not, during the performance of this contract, employ illegal alien workers, or otherwise violate the provisions of the Federal Immigration Reform and Control Act of 1986. 2. I agree to enroll in E -Verify prior to the start date of any contract issued by the City of Yakima to ensure that my workforce is legal to work in the United States of America. I agree to use E -Verify for all newly hired employees during the length of the contract. 3. I certify that I am duly authorized to sign this declaration on behalf of my company. 4. I acknowledge that the City of Yakima reserves the right to require evidence of enrollment of the E - Verify program at any time and that non-compliance could lead to suspension of this contract. Firm Name: Wildlands, Inc. Dated this 1st day of July '2O1O • Signature: Printed Name: Eric McCrea Phone #: (509) 375-4177 Email Address: info@wildlands-inc.com 18 • on State rbnent of nsportation Request to Sublet Work 0 Subcontractor 0 Lower Tier Subcontractor 0 DBE Prime Contractor Federal Employer I D Number* State Contract Number Job Description (Title) Request Number Approval is Requested to Sublet the Following Described Work to: Subcontractor or Lower Tier Subcontractor Unified Business Identifier (UBI) Federal Employer 1,0 Number * Address Telephone Number City ;State Zip Code Estimated Starting Date If Lower Tier Subcontractor, ID of Corresponding Subcontractor " If no Federal Employer LD Number, Use Owner's Social Security Number Item No. Partial , Item Description Amount I understand and will insure that the subcontractor will \, Prime Contractor Signature Date comply fully with the plans and specifications under which this work is being performed. i Department of Transportation Use Only Percent of Total Contract DBE Status Verification This Request 04 i Previous Requests Sublet to Date Project Engineer's Signature Date Approved - Region Construction Engineer Date 0 Approved (When Required) DOT Form 421-012 EF Revised 11/2009 Distribution: White (Original) - Region Canary (Copy) - Project Engineer Pink (Copy) - Contractor ATTACHMENT 'A' t I`AiAt North of burled Attachment B: Soil Treatment Areas outfall Legend O None — Previously hydroseeded Treatment 1: Rip, disk, harrow and smooth % Treatment 2, Disk, harrow and smooth • Treatment 3. Light disk, harrow and smooth Treatment 3. Light disk, harrow and smooth t Southwest floodplain IRE +� ` ` ' 'Wring E. p ' Attachment C: Seeding Areas Legend ▪ Dryland seed mix Floodplain seed mix O No seeding Previously hydroseeded floodplain FINAL PROJECT REPORT FOR Grant Number: G1400532 Yakima River Riparian and Floodplain Ecosystem Restoration Project City of Yakima, Wastewater Division Total Cost of Project: Grant or Loan Amount: $106,206.11 $75,000.00 Project Start Date: May 20, 2014 End Date: July 9, 2017 ,--7-f;e:-, 7 -57-1.17 &/or /-v_.— =44.---‘- 7 5--/7 r (AUTHORIZED SIGNATORY) DATE (PROJECT MANA ) DATE WASHINGTON STATE DEPARTMENT OF E C O L O G Y LETTER AMENDMENT REDISTRIBUTING COSTS AMONG BUDGET ELEMENTS OF AN ECOLOGY GRANT February 8, 2017 To: Marc Cawley City of Yakima Wastewater Division From: Sarah Zehner Financial Manager Water Quality Program Re: Letter Amendment No. 1 to Agreement No. G1400532 Yakima River Riparian and Floodplain Ecosystem Restoration Project In response to the request to redistribute funds among tasks on February 7, 2017, I authorize the following changes: The effective date for this amendment is February 8, 2017. Except as expressly provided by this amendment, all other terms and conditions of the original grant agreement and all amendments thereto remain in full force and effect. cc: Heather Simmons, Ecology CRO Current Budget Element Cost (If applicable) Eligible Eligible 100% Cost Revised Budget Element Cost (If applicable) Eligible Eligible 100% Cost Element No. 1 $12,000.00 100% $12,000.00 $2,733.62 100% $2,733.62 2 $0 100% $0 $5,000.00 100% $5,000.00 3 $20,000.00 100% $20,000.00 $30,702.31 100% $30,702.31 4 $68,000.00 100% $68,000.00 $61,564.07 100% $61,564.07 Project Totals $100,000.00 100% $100,000.00 $100,000.00 100% $100,000.00 The effective date for this amendment is February 8, 2017. Except as expressly provided by this amendment, all other terms and conditions of the original grant agreement and all amendments thereto remain in full force and effect. cc: Heather Simmons, Ecology CRO AGENCY NAME 1 Proj. Off. Sarah Zehner Program WQFMS Washington State Department of Ecology P 0 Box 47600, Olympia, WA 98504-7600 2. Grant/Loan/ Recipient (Warrant is to be payable to:) City of Yakima Wastewater Division 2220 E. Viola Avenue Yakima, WA 98901 Federal ID No 07-821-2651 Form A AGENCY USE ONLY AGENCY NO LOCATION CODE P.R. OR AUTH NO 3 Payment Request No. 2 4. Agreement No. G1400532 Vendor's Certificate. I hereby certify under penalty of perjury that the items and totals listed herein are proper charges for materials, merchandise or services fumished to the State of Washington, and that all goods furnished and/or services rendered have been provided without discrimination because of age, sex, marital status, race, creed, color, national origin, handicap reti,giq,%nr Vjittnam era or disabled veterans status. 5 By Cliff Moore City Manager CITY ONITRACT NO: 01 `/ — 0 5 SOL ON NO: R-.oi'-. 7c (sign in blue ink) (t#I1 Title Date 6 Marc Cawley Contact Person 509-575-6854 Tel. No Received by Date Received 7 Effect. Date 7/10/2013 Expir Date 7/9/2017 8 Billing Period from 6/7/2016 to 11/4/2016 Project Officer Approval for Payment/Performance Certification Date 9 Fund Source Name Centennial 10 Amount of Grant/Loan from Fund $ 75,000 00 11 Cumulative Amount Requested $ 75,000 00 12 Previous Cumulative Amount Requested $ 5,923 95 13 Current Request/Payment Due $ 69,076 05 14 Grant/Loan Remaining in the fund All payments are made subject to federal and/or state audit. INR- DATE PIT DI 2E DATE CIiRRE:\ I I))C NO. REE DOC NO. VENDOR Ni) VENDOR MESSAGE USE TAN 11131 NO. 11.1)1 11,11 a,.ur. 1,11., IU 4U 1,111.\ .111l.. 1.,,, Icol ..t .u, II.., vuc11“•1 R 1'R•il rRIn11-1., ,13 1.1 ,1 NOIR .,l.t., ,Ilt. Mitt. 1 1,11 NO,: 1.111:. I IN( i AITIO IP \1.111R I• l' VENT I1, I I. IV 1Itk.IN I I11 AI w\RR.1NI NI 1,.111111 Ecology is un Lqual Opportunity arcl 4//irnurlrre Action Employer. FORM 61 (page 1): RUNNING BUDGET SUMMARY for PROJECTS with INTERLOCAL COSTS and/or OTHER IN-KIND Use one form for each group of costs with the same eligibility requirements. Agreement No G1400532 Recipient: City of Yakima FOR PROJECTS WITH MORE THAN ONE GROUP OF ELIGIBILITY REQUIREMENTS Payment Request No 1 Page 1 of 3 Group No Fund Source(s) "(1') - Ele- 'ment )No.' : Costs Incurred Tliis:ReguesYfromCumulative ., .=FormaCl _ . Costs;.Friim:Preyious - Form.B1 '� �.. ' • ° New.Cumulative osts''-s- .. ' ; '=(9) ',(10),_ ,. Eligible ; • -Cumulative:, :ElementCost '(2) CCASH .(3) I+N=KIND'. . . . >>.(5)JN-KIND -- .(6) CASH f ,. (-7)`IN-KIND - - ,: (8) TOTAL BUDGET, ., _ ' t A. Iriterlocal` B Other-'".. ,.(4) CASH.. ;=A. Interlocal: _-"B Other :A.',ihterlocal , t.B. Other' 1 $ 2,733 62 $ - $ - $ - $ - $ - $ 2,733 62 $ - $ - $ 2,733 62 $ 2,733 62 $ 2,733 62 2 $ 5,000 00 $ - $ - $ - $ - $ 5,000 00 $ - $ - $ 5,000 00 $ 5,000 00 $ 5,000 00 3 $ 8,408 42 $ - $ - $ - $ 28,500 00 $ - $ 8,408 42 $ 28,500 00 $ - $ 36,908 42 $ 30,702.31 $ 30,702.31 4 $55,640 12 $ - $ 5,923 95 $ - $ 61,564 07 $ - $ - $ 61,564 07 $ 61,564 07 $ 61,564 07 5 $ - $ - $ - $ - $ - 6 $ - $ - $ - $ - $ - 7 $ - $ - $ - $ - $ - PRO- JECT $71,782.16 $ - $ - $ 5,923 95 $ 28,500 00 $ - (11) $ 77,706 11 (12A) $ 28,500 00 (12B) $ - (13) $ 106,206 11 $ 100,000 00 (14) $100,000 00 *** GO TO FORM B1 (Page 2) AND COMPLETE ALL STEPS BEFORE COMPLETING FORM A *** FORM B1 (page 2): COMPUTE ELIGIBLE COSTS and FUND AMOUNTS Complete Form B1 (page 1) before completing this worksheet. Agreement Number G1400532 Recipient City of Yakima Pay Request No 1 Page. 2 of 3 1 Enter the cumulative total cash expenditures from box 11, Form B1 (page 1). $ 77,706 11 2 If the terms of the agreement specify that interlocal costs are valid cash match, enter $ 28,500 00 cumulative total interlocal costs from box 12A, Form B1 (page 1) 3 Add lines 1 and 2 $ 106,206 11 4 Verify that all match requirements are met. 4(a) Percent of eligible project costs which must be cash. Add the fund shares (%) from all Ecology -administered fund sources which support these costs, and enter as a decimal NOTE: This should correspond to the sum of the fund shares in line 6(a) below. 75% 4(b) Percent of eligible protect costs which must be cash match: Enter the cash 0 00% match requirement in the agreement as a decimal If none, enter zero 4(c) Percent of eligible project costs which must be cash or interlocal costs. Add 75 00% lines 4(a) and 4(b) 5 Compute the cumulative costs which are eligible at this point. 5(a) Maximum eligible cumulative costs based on total match requirements. DIVIDE line 1 by line 4(a) and enter the result. 5(b) Maximum eligible cumulative costs based on cash match requirements. DIVIDE line 3 by line 4(c) and enter the result. 5(c) Maximum eligible cumulative costs based on the budget: Box 14, Form B1 5(d) ELIGIBLE CUMMULATIVE COSTS. This is the amount of the project costs which meet ALL budget and match requirements at this point in the project. Enter the smallest of lines 5(a), 5(b) and 5(c) 6 Compute the portion of eligible project costs which can be supported by each fund. $ 103,608 15 $ 141,608 15 $ 100,000 00 $ 100,000 00 6(0):ForeactYfundsource'administered'by;"Y;. ;:°'; Ecology, that supports this:grpup of costs,;'entera .F.k. FUND FUND the:nanie ofthe.fund and the lurid share (%o) : • "`'< SHARE. 75% SHARE. 6(0•Compute,fund'amounts' :In each;coiumnG;. multiply;Iineg5(d)`bq:the.furid share'(%)_entereii;on,Iine.6(a) and enter the result=(the fund; arriount):•„`=;F $ 75,000 00 7 Compute cumulative amount requested from each fund. If there is only one group of eligibility requirements in the agreement, the cumulative amount requested from each fund is already computed in line 6(b) above. Otherwise, for each fund, add the amounts on line 6(b) on all forms B1 (page 2) submitted for this billing Enter the total for each fund on Form A, line 11 Agreement No: G1400582 FORM Cl : VOUCHER SUPPORT for PROJECTS with INTERLOCAL COSTS or OTHER IN-KIND Use one page per element, or subtotal each element separately Recipient: City of Yakima Payment Requei Page ma U 'nen��a.�� !�o'�:'�;��.�� ' :.:-..,,,,,..1-,-.:::, �� ~;^�� �.���'����-,7?���e���'.''`J-��Nu�����~;C�6mbu�d� ` -`` ' `^' ���� — -.(4). ` ; �| .�( '-�-��\�'~�. AMOVNT�\:^���`����` 1- ` �'e A�F��:'�*i6�ti� '�' �yN�]ND'��~-�'`` ` �� � :'� 1 VWld|ando|NC Project Administration/Management' 10717 11/4/2010 $ 2755O2 2 Mid -Columbia Fisheries Enhancement Group Site Evaluation, Engineering, and Design 1 6/7/2010 $ 5000 00 ' 3 vvi|d|ond»|NC ne�;�drforF|uodp|oin Reconnection' 10969 Oct -16 $ 8408 42 4 Pacific Tractor Contracting Chemical Weed Application 876100 Ju|'16 $ 6,356 75 4 VVi|d|onds|NC P|ontNativeRiparian Vegetation, Soil Treatment 10696 Ont -16 $ 19148 06 ' 4 VVi�|ando|NC Plant Native Riparian Vegetation, Soil Treatment 10717 11/4/2016 $ 3O13531 ' Task 1 $2.783.82 Task 2 $5,000 00 Task 3 $8.408.*2 Task $ 55,640 12 (9) oow nmn HER IN-KIND 1 Page 4 4 (7),.. -4..:,' : '.;.,...1: (8) IN-KIND f. ---A--' ':-''''' 'q•-•''''-:,, "? l, ',--:-..,•.-.:-.A.':-Inte-rlocal:',---' -',..CASH "' - -' , . .. -4:r.- -'-.Cbsts' ' '''-.B-'Ottie-rl'‘,.. $ 66,782 16 $ 5,000 00 $ - $ 66,782 16 $ 5,000 00 $ - FORM Cl: VOUCHER SUPPORT for PROJECTS with INTERLOCAL COSTS or OTHER IN-KIND Use one page per element, or subtotal each element separately Agree G1400523 Recipient: City of Yakima Payment R 1 Page 5 E167,' ment :\rk_! ,;:'',.i 'Payee 2 4 - --4, ;:''',;...; .cii-,,:.F . ,_ —HCciiiiribiitore -,: . : , - , -,;-,.., -.1 - ttem,f,,z ' ;— , ..,..... -4;!:,',--,-... 1 :!.: :,,,,f ''," 4,..: Invoice. : . Nurriber" ", I , y :Dat Cost '.:. Date -,' iricOreeitiiit-,, Contributeii:, — - . ' 'Warrant ' , Number .' -,(ifany).. „„ „. . .. ,. i,*(7.)-',.-t,, :...,: c', ','' • ,,.." , ' CASH.-', ,-, . ,. •' (8):=IN:",KIND: ,IZA. InterlOcaf,;,. . ' COstet:,:4'.i. ' p,,Ottier t,''''', .. - , • ' BALANCE FORWARDED FROM PREVIOUS PAGE TOTALS BY ELEMENT (9) $ 66,782.16 $ 66,782.16 (10A) $ 5,000 00 $ 5,000 00 (10B) $ - $ - Yakima River Riparian and Floodplain Ecosystem Restoration Project City of Yakima, Wastewater Division G1400532 May 20, 2014 - July 9, 2017 Final Total Project Cost: $106,206.11 Final Ecology Grant Contribution: $75,000.00 Project Description The Yakima River Riparian and Floodplain Ecosystem Restoration Project is one part of a much larger effort by the City of Yakima to reconnect 50 acres of historic floodplain and associated side channels with the Yakima River. The goals are to 1) address water quality by reducing turbidity during rain and flooding events, 2) develop flood management strategies, and 3) improve salmon and wildlife habitat. The goals will be met by 1) removing a 2,000 foot section of levee, 2) restoring 50 acres of floodplain/riparian vegetation, 3) relocating a public trail out of the floodplain, 4) by recontouring the floodplain to improve connectivity, and 5) restoring floodplain complexity with large woody debris installation in the side channels, which have been recently reconnected to the Yakima River. This project specifically addresses 1, 2 (by restoring native bunch grasses throughout the 40 acres), 4, and 5. Preparing approximately 40 acres of compacted floodplain soils for seeding. Project Accomplishments Floodplain and Riparian site, approximately 50 acres. The project successfully removed a 2,000 foot section of levee, installed large woody debris, decreased presence of invasive weeds across 50 acres, installed educational postings, re- contoured and de -compacted soils and seeded approximately 40 acres of floodplain with various species of native bunch grasses, such as bluebunch wheatgrass (Pseudoroegneria spicata), Great Basin wildrye (Leymus cinereus), squirreltail grass (Elymus elymoides), thickspike wheatgrass (Elymus lanceolatus), and Sandberg bluegrass (Poa secunda), among others. This restoration project was completed with assistance from partners in funding, design, implementation, monitoring, and maintenance. Partners included Mid -Columbia Fisheries Enhancement Group, Washington Department of Ecology, Washington State Salmon Recovery Board, Yakima Basin Fish and Wildlife Recovery Board, U.S. Fish & Wildlife Service, Yakima County, and the Yakima Greenway Foundation. Water Quality Improvements Discuss real and anticipated water quality improvements as a result of the project The native grass, once established, will reduce topsoil erosion and turbidity during rain/flooding events, reduce weed competition while providing much needed nutrients back to the soil for native grass reproduction, and will increase floodplain complexity that will improve the food web for salmon and wildlife habitat while providing a more suitable area for future establishment of native shrubs and trees. Floodplain recontouring will increase floodplain connection and improve maintenance of planting efforts. Hydraulically, large woody debris placed in the side channels of the Yakima River will act as large roughness elements that provide a varied flow environment, reduce average velocity, and locally elevate the water -surface profile. Removal of the section of levee reconnects the natural floodplain with the Yakima River and reduces scouring velocities during large rain events and flooding. The Next Step for Continued Success Next steps will include monitoring conditions and applying herbicides to treat invasive dicot weed species for up to five years consecutively to ensure the native grass can compete for resources. Once the native grasses are established, funding will be sought for a second phase effort to plant native trees and shrubs in shoreline areas to provide shade over water and soil stabilization during flooding and large rain events to reduce scouring of banks. Addition floodplain planting of woody shrub steppe plants may occur as well. Lessons Learned Due to the variety of soil conditions different types of planting/soil preparation techniques were utilized for this project in conjunction with a riparian project within the floodplain. Monitoring will include tracking success throughout the different planting techniques, soil treatment: deep de -compaction - ripper drag followed by chisel plow 18" -24", light de -compaction - chisel plow only 8"-12", fresh soil exposed with dozer — no de -compaction. Planting techniques utilized: cultipacking, hand seeding covered by straw mulch, and hand seeding only. The inclusion of a variety of partners and restoration specialists was critical to this project's success. Recipient Contact Information City of Yakima, Wastewater Division 2220 East Viola Avenue Yakima, WA 98901 Mike Price, Wastewater Manager Marc Cawley, Wastewater Superintendent YAKIMA EXIT 32 E Non Hill Blvd City of Yakima Wastewater Treatment Plait 2220 East Violas -AD Yakima, WA 989.1 Restoration 1 ! 1 Sit. Billy's Fond B West Allan um Road UNION GAP j II IL IOC I..IOF P.. YANI MA k Project Map - Yakima WWTP along Yakima River. Here's what happened with this one: Ryan/Shelley/Debbie did upload the complete grant document as provided by Ecology. Although their table of contents is accurate, Ecology messed up their attachment number assignments on page 7 Part VI. by not compensating for the fact that Attachment II: General Project Management Requirements for Federal Clean Water Section 319 Funded Projects and Centennial Clean Water Program Matching Projects was not was not being included in the document. This grant did not include 319 (Federal) fund activity (see page 3 checkboxes) so it did not need the Attachment II described in the bullet on page 7. Mike Price Wastewater/Stormwater Division Manager City of Yakima Office: 509-249-6815 Cell: 509-728-8104