HomeMy WebLinkAbout07/01/2014 05A Wide Hollow Creek Bridge Replacement Grant Agreement with the State of Washington Department of EcologyBUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 5.A.
For Meeting of: July 01, 2014
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ITEM TITLE:
SUBMITTED BY:
SUMMARY EXPLANATION:
Resolution authorizing an Agreement with the State of
Washington Department of Ecology for a $200,000 Grant
Agreement (G1400651) to construct two replacement bridges
crossing Wide Hollow Creek
Debbie Cook, Director of Utilities and Engineering
Brett Sheffield, PE, Chief Engineer
Two bridges owned by the City of Yakima that cross Wide Hollow Creek have been identified by
Yakima County Flood Zone District for replacement. The bridges are located on 80th Avenue
approximately 300 feet south of Wide Hollow Road and on Wide Hollow Road approximately
200 feet west of 88th Avenue. The bridge spans can not accommodate flood waters from a 100 -
year flood to pass. Flood waters converge at the bridges from both Wide Hollow and Shaw
Creek. By increasing the bridge spans, flood waters would not be impeded and create the
potential for additional property damage.
The Department of Ecology awarded the City of Yakima $200,000 to match $600,000 that
Yakima County has secured for construction of the two bridges. Design of the bridges is to
begin in 2014 and construction will be completed in 2015. Grant Agreement G1400651 is
attached for Council Review (Attachment A).
Staff respectfully requests Council approve the resolution authorizing the City Manager to sign
Grant Agreement G1400651.
Resolution: X
Other (Specify):
Contract:
Start Date:
Item Budgeted: Yes
Funding Source/Fiscal
Impact:
Strategic Priority:
Ordinance:
Contract Term:
End Date:
Amount: $200,000
Account 142 Engineering
Improve the Built Environment
Insurance Required? No
Mail to:
Phone:
APPROVED FOR
SUBMITTAL:
RECOMMENDATION:
City Manager
Staff respectfully requests Council approve the resolution authorizing the City Manager to sign
Grant Agreement G1400651.
ATTACHMENTS:
Description Upload Date
Resolution 6/20/2014
Ecology Grant Agreement G1400651 6/20/2014
Type
Cover Memo
Cover Memo
A RESOLUTION
RESOLUTION NO. R -2014 -
authorizing the City Manager to execute a Grant Agreement (G1400651)
with the State of Washington Department of Ecology ("Department of
Ecology") and City of Yakima for a grant of $200,000 for replacement of
two bridges over Wide Hollow Creek.
WHEREAS, the City of Yakima owns two bridges that cross Wide Hollow Creek located
on 80th Avenue approximately 300 feet south of Wide Hollow Road and on Wide Hollow Road
approximately 200 feet west of 88th Avenue; and
WHEREAS, the City of Yakima's bridges do not allow the passing of water from Wide
Hollow and Shaw Creek during a 100 -year flood event; and
WHEREAS, the construction of replacement bridges will allow for water passage; and
WHEREAS, the Bridge Replacement Project has been identified as a project by Yakima
County Flood Control Zone Division; and
WHEREAS, Yakima County has set aside $600,000 for the construction of two
replacement bridges in order to allow for passage of the 100 -year flood flow; and
WHEREAS, the City had committed to seek grant funds for a $200,000 match to the
County's funds; and
WHEREAS, the City has been awarded $200,000 from Department of Ecology for
construction of the two replacement bridges; and
WHEREAS, the Department of Ecology provided the City of Yakima a $200,000 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. 611400651) 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 (G1400651) from the State of Washington Department of
Ecology
1
ADOPTED BY THE CITY COUNCIL this day of , 2014.
ATTEST: Micah Cawley, Mayor
Sonya Claar Tee, City Clerk
DEPARTMENT OF
ECOLOGY
State of Washington
ECOLOGY Grant Agreement No. G1400651
between the
State of Washington Department of Ecology and
City of Yakima
Project Title: Shaw Creek Flood Mitigation Project:
Wide Hollow Creek Bridge Conveyance
THIS is a binding agreement entered into by and between the state of Washington, Department of
ECOLOGY, (PO Box 47600, Olympia, Washington, 98504-7600) hereinafter referred to as
"ECOLOGY" and City of Yakima, hereinafter referred to as the "RECIPIENT" to carry out the
activities described herein.
RECIPIENT Name: City of Yakima
Utilities and Engineering
129 N 2nd Street
Yakima, WA 98901
RECIPIENT Project Coordinator:
Telephone Number:
e-mail address:
Fiscal Contact for RECIPIENT:
Telephone Number:
e-mail address:
Payee on Warrant:
Project Manager for ECOLOGY:
Telephone Number:
e-mail address:
Shelley Willson
(509) 576-6797
Shelley.Willson(cr�yakimawa.gov
Cindy Epperson
(509) 576-6644
Cindy.epperson(c�yakimawa.gov
City of Yakima
(address as above)
Michelle Gilbert
SEA Program Central Regional Office
15 West Yakima Ave, Suite 200
Yakima, WA 98902-3452
(509) 457-7139
Michelle.Gilbert(c�ecy.wa.gov
The source of funds provided by ECOLOGY are authorized by the 2013 Washington State
Legislature, §3069 of the Capital Budget.
Maximum Capital Investment Funding: $200,000
Maximum Eligible Project Cost: $800,000
State Maximum Cost Share Rate: 80% UP TO a maximum State Share of $200,000
The start date of this agreement is May 1, 2014; the end date is June 30, 2015
Agreement No. G1400651 between the
Washington State Department of ECOLOGY and
City of Yakima Utilities and Engineering
Project Title: Shaw Creek Flood Mitigation Project: Wide Hollow Creek Bridge Conveyance
Scope of Work
Project Title:
Description
Location
Shaw Creek Flood Mitigation Project: Wide Hollow Creek
Bridge Conveyance
The project will replace two bridges over Wide Hollow Creek with bridges that are
capable of passing the combined 100 year flow of both Wide Hollow Creek and Shaw
Creek. Each bridge will be approximately 46 feet wide and 50 feet long.
Latitude: 46.3453 Longitude -120.3653
River: Wide Hollow Creek River Mile: 9
Work Program The RECIPIENT shall perform the following work tasks:
Task 1:
Project Coordination
The RECIPIENT will coordinate throughout the grant period with ECOLOGY's
Floodplain Program Manager and other state agencies and Indian tribes as applicable
to ensure the objectives of this funding opportunity are met. Coordination issues
include but are not limited to flood plain management, permit, construction /
restoration, habitat, and public access recreation issues.
Deliverables: Updates in Quarterly Progress Reports as in the following sample:
Due Date:
Task Cost:
Cost to ECOLOGY:
RECIPIENT Cost:
Progress Report
Reporting Period
Date Due
First Quarter (Year 1)
April 1 — June 30, 2014
July 30, 2014
Second Quarter
July 1 — September 30
October 30, 2014
Third Quarter
October 1- December 31
January 30, 2015
Fourth Quarter
January 1 — March 30
April 30, 2015
First Quarter (Year 2)
April 1 — June 30, 2014
July 30, 2014
Second Quarter
July 1 — September 30
October 30, 2014
Third Quarter
October 1- December 31
January 30, 2015
See Special Terms and Conditions for details on progress reporting.
30 days after the end of each quarter.
$25,000
$5,000
$20,000
Page 2 of 20
Agreement No. G1400651 between the
Washington State Department of ECOLOGY and
City of Yakima Utilities and Engineering
Project Title: Shaw Creek Flood Mitigation Project: Wide Hollow Creek Bridge Conveyance
Task 2:
Project Design and Permitting
RECIPIENT will manage the design of the two bridges to ensure they meet City of
Deliverables:
Due Date:
Task Cost:
Cost to ECOLOGY:
RECIPIENT Cost:
Yakima requirements, and will pass the required 100 year flow. Prior to
commencement of any construction, the RECIPIENT shall secure all necessary
approvals and permits required by authorities having jurisdiction over the project,
and make copies available to ECOLOGY.
Deliverables:
Final Design plans, specifications, all necessary permits, and estimate packet
for bidding and construction
Due Date:
May 30, 2015
Task Cost:
$75,000
Cost to ECOLOGY:
$25,000
RECIPIENT Cost:
$50,000
Task 3:
Construction
RECIPIENT will manage the construction contract with the contractor for building
the two bridges (one on Wide Hollow Road and the other on 80th Avenue).
Deliverables:
Due Date:
Task Cost:
Cost to ECOLOGY:
RECIPIENT Cost:
Two new bridges, as -built construction plans, stamped by project engineer,
and photographs of completed project.
December 30, 2015
$700,000
$170,000
$530,000
*The funding needed to complete the remaining Task 3, beyond 30 June 2015, is subject to
legislative appropriation for 2015-2017 Biennium and will be addressed by formal amendment
to this agreement.
Note': The RECIPIENT shall notify ECOLOGY in writing of the project's completion and
arrange for final inspection of the project by ECOLOGY.
Note2: All deliverables are to be sent to ECOLOGY's Project Manager as listed on page one
of this agreement.
Page 3 of 20
Agreement No. G1400651 between the
Washington State Department of ECOLOGY and
City of Yakima Utilities and Engineering
Project Title: Shaw Creek Flood Mitigation Project: Wide Hollow Creek Bridge Conveyance
Schedule
Task
2014
2015
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Page 4 of 20
Agreement No. G1400651 between the
Washington State Department of ECOLOGY and
City of Yakima Utilities and Engineering
Project Title: Shaw Creek Flood Mitigation Project: Wide Hollow Creek Bridge Conveyance
BUDGET
Budget Conditions
1. Failure to comply with required permits constitutes a breach of contract, which may result
in termination of this agreement.
2. Project Administration:
For the administration of this agreement the RECIPIENT must follow the current edition
of the Administrative Requirements for RECIPIENTs of ECOLOGY Grants and Loans
(Yellow Book). http://www.ecy.wa.qov/biblio/9118.html. Please note that this document
is being updated. In the event of inconsistency between these documents, unless
otherwise provided herein, the inconsistency will 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."
e) The General Terms and Conditions.
3. Invoicing:
• Grants are awarded on a reimbursable basis. The RECIPIENT initially pays project
costs as they incur. Invoicing to ECOLOGY is usually by quarter but not more often than
once per month. Upon presentation of an invoice to the RECIPIENT, ECOLOGY's share
of the project is reimbursed to the RECIPIENT.
• The RECIPIENT must submit complete backup documents with each invoice
including but not limited to all invoiced costs and time sheets - signed and dated by
employee and supervisor. The RECIPIENT must keep these expenses in grant files
according to budget task for a period of three years after project completion and make
them available at any time for inspection by ECOLOGY.
• Expenditures will be monitored by ECOLOGY for compliance with the budget as listed
on page 8. When submitting invoices to ECOLOGY, the RECIPIENT shall highlight (or
otherwise indicate) all costs on backup documentation to avoid data searches for
cost verification by ECOLOGY. These costs will be listed on ECOLOGY's
Voucher Support Form (C2 form) with subtotals. All payment requests must have
forms A, B, C (and D if applicable for consultant services), be accompanied by a
commensurate progress report, and receive ECOLOGY Project Manager approval
before payment can be released.
Page 5 of 20
Agreement No. G1400651 between the
Washington State Department of ECOLOGY and
City of Yakima Utilities and Engineering
Project Title: Shaw Creek Flood Mitigation Project: Wide Hollow Creek Bridge Conveyance
• Budget deviations are allowed between budget objects (mobilization, equipment, etc)
e.g., a grantee may spend less money on one object and more on another), but in no
circumstances may the RECIPIENT exceed the total project cost. If the total of all
budget deviations exceeds 10 percent of the entire project cost, the ECOLOGY Project
Manager may require a written budget redistribution.
• NOTE: For payment requests, the RECIPIENT must use the ECOLOGY forms
provided. Otherwise, ECOLOGY will return requests to the RECIPIENT for submittal
on the correct forms.
• Requests for reimbursement must be submitted at least quarterly but not more than
once per month by the RECIPIENT on state invoice voucher forms.
• Right to Audit: The RECIPIENT agrees that payment(s) made under this grant shall
be subject to reduction for amount charged thereto which are found after audit ex-
amination not to constitute allowable costs under this grant. The RECIPIENT shall
refund by check payable to ECOLOGY the amount of such reduction of payments
under completed or terminated grants.
• All travel costs shall not exceed State travel rates:
http://www.ofm.wa.gov/resources/travel.asp
• Payment of invoices is contingent on receipt of viable deliverables as determined by
ECOLOGY's Project Manager.
4. The source of funds provided by ECOLOGY are authorized by the 2013 Washington
State Legislature, §3069 of the Capital Budget.
5. Expenditure Budget: (for RECIPIENT reporting and ECOLOGY tracking
purposes):
Maximum Eligible Project Cost $800,000
State Maximum Cost Share Rate: 80% UP TO a maximum State Share of $200,000
See matrix that follows on page 7 for budget breakout.
Page 6 of 20
Agreement No. G1400651 between the
Washington State Department of ECOLOGY and
City of Yakima Utilities and Engineering
Project Title: Shaw Creek Flood Mitigation Project: Wide Hollow Creek Bridge Conveyance
Budget Matrix
TASK
Work Item
Unit
Qty
Unit Cost
Extended
Cost
State
Match
1
Project Coordination
LS
1
$25,000
$25,000
Subtotal
$25,000
$5,000
$20,000
2
Project Design
LS
1
$75,000
$75,000
Subtotal
$75,000
$25,000
$50,000
3
Construction
LS
1
$700,000
$700,000
Subtotal
$700,000
$170,000
$530,000
Pro ect Subtotals
$800,000
$200,000
$600,000
Total Project
$800,000
Page 7 of 20
Agreement No. G1400651 between the
Washington State Department of ECOLOGY and
City of Yakima Utilities and Engineering
Project Title: Shaw Creek Flood Mitigation Project: Wide Hollow Creek Bridge Conveyance
Special Terms and Conditions
AGREEMENT PROVISIONS
1. Compliance with all Laws: The RECIPIENT shall comply fully with all applicable
federal, state and local laws, orders, regulations and permits.
2. Restrictions on Lobbying: The RECIPIENT of this agreement is prohibited from
using funds provided by this agreement for lobbying purposes in accordance with
the "Administrative Requirements for Recipients of ECOLOGY Grants and Loans",
Publication No. 91-18, current edition, Part III, Section G.
3. Local Decision: This grant is made in response to a request for financial
assistance from the RECIPIENT to undertake an Integrated Floodplain Restoration
project. The choice of floodplain management activities addressed by this grant is
a local decision made solely by the RECIPIENT. The RECIPIENT is not acting as
an agent of the State.
4. Lawsuits: ECOLOGY shall not be responsible for any non -contractual damage or
inverse condemnation claims resulting from the structures or works constructed,
repaired, restored, maintained, or improved pursuant to this grant.
5. Indemnification, Hold Harmless and Duty to Defend
a. ECOLOGY 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.
b. This paragraph applies to negligence based claims only. All other claims are
governed by paragraph 4 of this section. To the extent the constitution and
laws of the State of Washington permit, RECIPIENT shall indemnify, defend
and hold harmless the State, its agencies, managers and employees, from all
claims, suits or actions brought for any or all injuries to persons or property
arising from, or as a consequence of, negligent acts or omissions related to the
construction, restoration, repair, maintenance, improvement or operation of the
structures or works for which this grant is provided. If the structures or works
for which this grant is received are a portion of an integrated flood protection
system, RECIPIENT agrees to indemnify, defend and hold harmless the State
of Washington, its agencies, employees, and managers against any and all
liability arising out of the operation, maintenance, or repair of that integrated
flood protection system; PROVIDED, however, that this provision is not
intended to and shall not be construed as a waiver by RECIPIENT of any
immunities conferred upon the RECIPIENT by RCW 86.13.037 nor is it
intended to, and it shall not be construed to, confer any rights upon third
parties.
Page 8 of 20
Agreement No. G1400651 between the
Washington State Department of ECOLOGY and
City of Yakima Utilities and Engineering
Project Title: Shaw Creek Flood Mitigation Project: Wide Hollow Creek Bridge Conveyance
The RECIPIENT will not be required to indemnify, defend, or hold harmless the
State, its agencies, managers or employees as provided in the preceding
paragraph of this section if the claim, suit, or action for injuries, death, or
damages is caused by the sole negligence of the State. Where such claims,
suits, or actions result from the concurrent negligence of (a) the State, or the
State's agents or employees and (b) the RECIPIENT or the RECIPIENT's
agents or employees, the indemnity provisions provided in the preceding
paragraphs of this section shall be valid and enforceable only to the extent of
the RECIPIENT's negligence or the negligence of its agents and employees.
c. To the extent that the constitution and laws of the State of Washington permit,
RECIPIENT shall indemnify and hold harmless the State of Washington, its
agencies, employees, and managers against any and all liability arising out of
the continued operation, maintenance, or repair of the structures or works
constructed, restored, repaired, maintained or improved as a result of this
grant. If the structures or works for which this grant is received are portions of
an integrated flood protection system, RECIPIENT agrees to indemnify, defend
and hold harmless the State of Washington, its agencies, employees, and
managers against any and all liability arising out of the operation, maintenance,
or repair of that integrated flood protection system; PROVIDED, however, that
the indemnity provisions of this paragraph are not intended to and shall not be
construed as a waiver by RECIPIENT of any immunities conferred upon the
RECIPIENT by RCW 86.13.037 nor are they intended to, and they shall not be
construed to, confer any rights upon third parties. This agreement applies to all
non -negligent, non -contractually based claims including, but not limited to,
inverse condemnation, contribution, indemnification, trespass and/or nuisance.
6. Responsibilities of the Project Manager: The RECIPIENT's Project Manager
shall be responsible for the procedural obligations under this agreement in
addition to his/her duty to coordinate the project hereunder. He/She shall
cooperate with all parties concerned in every way possible to promote
successful completion of the services described in the Scope of Work.
7. Environmental Standards
a. RECIPIENTS who collect environmental -monitoring data must provide
these data to ECOLOGY using the Environmental Information Management
System (EIM). To satisfy this requirement these data must be successfully
loaded into EIM, see instructions on the EIM website at:
http://www.ecy.wa.gov/eim.
b. RECIPIENTS are required to follow ECOLOGY's data standards when
Geographic Information System (GIS) data are collected and processed.
More information and requirements are available at:
http://www.ecy.wa.gov/services/gis/data/standards/standards. htm.
RECIPIENTS shall provide copies to ECOLOGY of all final GIS data layers,
imagery, related tables, raw data collection files, map products, and all
metadata and project documentation.
Page 9 of 20
Agreement No. G1400651 between the
Washington State Department of ECOLOGY and
City of Yakima Utilities and Engineering
Project Title: Shaw Creek Flood Mitigation Project: Wide Hollow Creek Bridge Conveyance
c. RECIPIENTS must prepare a Quality Assurance Project Plan (QAPP) when
a project involves the collection of environmental measurement data.
QAPP is to ensure the consistent application of quality assurance principles
to the planning and execution of all activities involved in generating data.
RECIPIENTS must follow ECOLOGY's Guidelines for Preparing Quality
Assurance Project Plans for Environmental Studies, July 2004 (ECOLOGY
Publication No. 04-03-030). ECOLOGY shall review and approve the
QAPP prior to start of work. The size, cost, and complexity of the QAPP
should be in proportion to the magnitude of the sampling effort.
8. Quarterly Reporting: Quarterly Reports are contingent on the start date of the
agreement. For timely preparation and review, quarterly reports shall convey
essential information in a simple, concise manner through the use of bulleted
summary statements, lists, and tables and include the following:
a. A comparison of actual accomplishments to the objectives established for the
reporting period including a description of issues on fisheries resources;
b. For any work related to GIS, designate data standard utilized and associated
data documentation.
c. Status of project schedule
d. Personnel changes
e. Any difficulties encountered during the quarter.
f. Environmental benefits being achieved by the project
Note: A quarterly progress report is required for each quarter of this agreement. If
no work was conducted in that quarter, state that and submit the report.
Reporting Periods (sample)
Progress Report
Reporting Period,
Date Due
First Quarter (Year 1)
August 1 — September 30
October 30
Second Quarter
October 1 — December 31
January 30
Third Quarter (Year 2)
January 1 — March 31
April 30
Fourth Quarter
April 1 — June 30
July 30
First Quarter
July 1 — September 30
October 30
Second Quarter
October 1- December 31
January 30
Third Quarter (Year 3)
January 1 — March 31
April 30
Fourth Quarter
April 1 — June 30
July 30
For Report Contents and ECOLOGY's form: Please visit our website at:
http://www.ecy.wa.gov/programs/sea/grants/flooddamageprevention
Page 10 of 20
Agreement No. G1400651 between the
Washington State Department of ECOLOGY and
City of Yakima Utilities and Engineering
Project Title: Shaw Creek Flood Mitigation Project: Wide Hollow Creek Bridge Conveyance
9. Identification of Project Materials: All reports, maps, and other documents
published as part of this grant agreement shall carry the name of the RECIPIENT,
ECOLOGY's grant number (in the upper right hand corner), title, the specific task
number of the product and date centered on the front cover or title page (or in the
case of maps, the block which contains the name of the Government unit or
Department).
10. Format for Publications and Brochures: Any (hard copy) publications or
brochures required as a product of this agreement shall conform to minimum
standards of size, 8-1/2" x 11" white, recycled paper equivalent in weight to 30 Ib.
bond, single spaced, printed both sides, no Tess than 1" margins. Photos, il-
lustrations, and graphs must be of reproducible quality. Any publications or
brochures intended for public distribution shall comply with graphic requirements as
specified in ECOLOGY's "Publications Handbook", publication number 91-41 and
any additional specifications as may be outlined in the Scope of Work.
11. Amendments and Modifications: This Agreement may be altered, amended, or
waived only by a written amendment executed by both parties. No subsequent
modification(s) or amendment(s) of this Agreement will be of any force or effect
unless in writing and signed by authorized representatives of both parties.
ECOLOGY and the RECIPIENT may change their respective staff contacts and
administrative information without the concurrence of either party.
12. Minority And Women's Business (MWBE) Participation: The RECIPIENT
agrees to solicit and recruit, to the maximum extent possible, certified minority-
owned (MBE) and women -owned (WBE) businesses in purchases and contracts
initiated after the effective date of this Agreement.
In the absence of more stringent goals established by the RECIPIENT's jurisdiction,
the RECIPIENT agrees to utilize the ECOLOGY'S goals for minority- and women -
owned business participation in all bid packages, request for proposals, and
purchase orders. These goals are expressed as a percentage of the total dollars
available for the purchase or contract and are as follows:
Construction/Public Works 10% MBE 6%WBE
Architecture/Engineering 10% MBE 6%WBE
Purchased Goods 8% MBE 4%WBE
Purchased Services 10% MBE 4%WBE
Professional Services 10% MBE 4%WBE
Meeting these goals is voluntary and no contract award or rejection shall be made
based on achievement or non -achievement of the goals. Achievement of the goals
is encouraged, however, and the RECIPIENT and ALL prospective bidders or
persons submitting qualifications shall take the following affirmative steps 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.
Page 11 of 20
Agreement No. G1400651 between the
Washington State Department of ECOLOGY and
City of Yakima Utilities and Engineering
Project Title: Shaw Creek Flood Mitigation Project: Wide Hollow Creek Bridge Conveyance
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.
By signing this Agreement, the RECIPIENT certifies that the above steps were, or
will be followed. Any contractor engaged by the RECIPIENT under this agreement
shall be required to follow the above five affirmative steps in the award of any
subcontract(s).
The RECIPIENT shall report to ECOLOGY at the time of submitting each invoice,
on forms provided by ECOLOGY, payments made to qualified firms. The report will
address:
a. Name and state OMWBE certification number of any qualified firm receiving
funds under the voucher, including any sub -and/or sub -subcontractors.
b. The total dollar amount paid to qualified firms under this invoice.
13. Right to Audit: The RECIPIENT agrees that payment(s) made under this grant
shall be subject to reduction for amount charged thereto which are found after audit
examination not to constitute allowable costs under this grant. The RECIPIENT
shall refund by check payable to ECOLOGY the amount of such reduction of pay-
ments under completed or terminated grants.
14. Grant Closeout: The end date for this project is June 30, 2015. A grace period
of 451 days for all deliverables and invoice vouchers is allowed as stipulated in the
scope of work or by the State Office of Financial Management (OFM) through
ECOLOGY's Fiscal Office.
1 In the event the agreement ends at June 30, at the end of the State biennium, the RECIPIENT will
be required to submit both payment request and all deliverables by July 18 or the date as decided by
the ECOLOGY Fiscal Office.
Page 12 of 20
Agreement No. G1400651 between the
Washington State Department of ECOLOGY and
City of Yakima Utilities and Engineering
Project Title: Shaw Creek Flood Mitigation Project: Wide Hollow Creek Bridge Conveyance
15. All Writings Contained Herein: This agreement, the appended "General Terms
and Conditions", and the Department's current edition of "Administrative
Requirements for Recipients of ECOLOGY Grants and Loans" contain the entire
understanding between the parties, and there are no other understandings or
representations except those set forth or incorporated by reference herein. No
subsequent modification(s) or amendments to this agreement shall be of any force
or effect unless in writing, signed by authorized representatives of the RECIPIENT
and ECOLOGY and made a part of this agreement.
IN WITNESS WHEREOF, the parties hereby sign this Grant Agreement:
State of Washington City of Yakima
Department of ECOLOGY
Gordon White
Program Manager
Shorelands and Environmental
Assistance Program
Date
Signature, Authorized Official Date
Print Name of Authorized Official
Approved as to form only by Title of Authorized Official
The Assistant Attorney General
(Note: Insert additional signature
blocks(s) and/or pages if more than one
signature block is required)
Page 13 of 20
Agreement No. G1400651 between the
Washington State Department of ECOLOGY and
City of Yakima Utilities and Engineering
Project Title: Shaw Creek Flood Mitigation Project: Wide Hollow Creek Bridge Conveyance
ATTACHMENT 11: 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
Page 14 of 20
Agreement No. G1400651 between the
Washington State Department of ECOLOGY and
City of Yakima Utilities and Engineering
Project Title: Shaw Creek Flood Mitigation Project: Wide Hollow Creek Bridge Conveyance
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.
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
Page 15 of 20
Agreement No. G1400651 between the
Washington State Department of ECOLOGY and
City of Yakima Utilities and Engineering
Project Title: Shaw Creek Flood Mitigation Project: Wide Hollow Creek Bridge Conveyance
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 Manager.
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 Manager 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
1. For Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent upon
satisfactory performance by the RECIPIENT of all of its obligations under this agreement. In
the event the RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT, to perform
any obligation required of it by this agreement, the DEPARTMENT may refuse to pay any
further funds there under and/or terminate this agreement by giving written notice of
termination.
A written notice of termination shall be given at least five working days prior to the effective
date of termination. In that event, all finished or unfinished documents, data studies,
surveys, drawings, maps, models, photographs, and reports or other materials prepared by
Page 16 of 20
Agreement No. G1400651 between the
Washington State Department of ECOLOGY and
City of Yakima Utilities and Engineering
Project Title: Shaw Creek Flood Mitigation Project: Wide Hollow Creek Bridge Conveyance
the RECIPIENT under this agreement, at the option of the DEPARTMENT, shall become
DEPARTMENT property and the RECIPIENT shall be entitled to receive just and equitable
compensation for any satisfactory work completed on such documents and other materials.
Despite the above, the RECIPIENT shall not be relieved of any liability to the
DEPARTMENT for damages sustained by the DEPARTMENT and/or the State of
Washington because of any breach of agreement by the RECIPIENT. The DEPARTMENT
may withhold payments for the purpose of setoff until such time as the exact amount of
damages due the DEPARTMENT from the RECIPIENT is determined.
2. Insufficient Funds. The obligation of the DEPARTMENT to make payments is contingent on
the availability of state and federal funds through legislative appropriation and state
allotment. When this agreement crosses over state fiscal years the obligation of the
DEPARTMENT is contingent upon the appropriation of funds 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.
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
Page 17 of 20
Agreement No. G1400651 between the
Washington State Department of ECOLOGY and
City of Yakima Utilities and Engineering
Project Title: Shaw Creek Flood Mitigation Project: Wide Hollow Creek Bridge Conveyance
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
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.
Page 18 of 20
Agreement No. G1400651 between the
Washington State Department of ECOLOGY and
City of Yakima Utilities and Engineering
Project Title: Shaw Creek Flood Mitigation Project: Wide Hollow Creek Bridge Conveyance
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 Manager 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 Manager 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
Manager or other designated official who shall provide a written statement of decision to the
RECIPIENT. The decision of the Project Manager 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 manager, member, agent, or employee of either party to this agreement who exercises any
function or responsibility in the review, approval, or carrying out of this agreement, shall
participate in any decision which affects his/her personal interest or the interest of any
corporation, partnership or association in which he/she is, directly or indirectly interested; nor
shall he/she have any personal or pecuniary interest, direct or indirect, in this agreement or the
proceeds thereof.
S. INDEMNIFICATION
1. The DEPARTMENT shall in no way be held responsible for payment of salaries, consultant's
fees, and other costs related to the project described herein, except as provided in the
Scope of Work.
2. To the extent that the Constitution and laws of the State of Washington permit, each party
shall indemnify and hold the other harmless from and against any liability for any or all
injuries to persons or property arising from the negligent act or omission of that party or that
party's agents or employees arising out of this agreement.
T. GOVERNING LAW
This agreement shall be governed by the laws of the State of Washington.
U. SEVERABILITY
If any provision of this agreement or any provision of any document incorporated by reference
shall be held invalid, such invalidity shall not affect the other provisions of this agreement which
Page 19 of 20
Agreement No. G1400651 between the
Washington State Department of ECOLOGY and
City of Yakima Utilities and Engineering
Project Title: Shaw Creek Flood Mitigation Project: Wide Hollow Creek Bridge Conveyance
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
Page 20 of 20