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HomeMy WebLinkAboutR-2023-102 Resolution authorizing acceptance of an Amendment and Memorandum of Understanding and Engagement Between the City of Yakima and Mid Columbia Fisheries Enhancement Group (MCFEG) RESOLUTION NO. R-2023-102 A RESOLUTION authorizing acceptance of an Amendment and Memorandum of Understanding and Engagement between the City of Yakima and Mid- Columbia Fisheries Enhancement Group (MCFEG). WHEREAS, the City desires to allow access to MCFEG to provide support for construction, planting, maintenance and monitoring of floodplain, riparian and wetland restoration sites on City property, and WHEREAS, MCFEG has the experience and ability to conduct such restoration and associated maintenance; and WHEREAS, the City desires to amend an existing Memorandum of Understanding with the Mid-Columbia Fisheries Enhancement Group approved August 8, 2021 to include the City owned parcel adjacent to Cowiche Creek which is generally located adjacent to the north of Cowiche Canyon Road outside of Yakima, Washington (tax parcel number 18130934012 and 18130934013); and WHEREAS, the City Council finds that it is in the best interest of the City and its residents to amend the agreement with MCFEG to conduct additional riparian restoration work as outlined in the amendment and original agreement; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to approve the Amendment and Memorandum of Understanding and Engagement between the City of Yakima and Mid-Columbia Fisheries Enhancement Group. ADOPTED BY THE CITY COUNCIL this 25th day of July, 2023. • J20 Janice Deccio, Mayor ATTEST: .......... • P_ , *_,J 111 l /A4A , . I A . 4 , Rosalinda Ibarra, City IA ,*� 111 y, .tom 1� AMENDMENT AND MEMORANDUM OF UNDERSTANDING AND ENGAGEMENT BETWEEN THE CITY OF YAKIMA AND MID-COLUMBIA FISHERIES ENHANCEMENT GROUP (Cowiche Creek Floodplain and Riparian Restoration Project) THIS AMENDMENT AND MEMORANDUM OF UNDERSTANDING AND ENGAGEMENT is made and entered into by the City of Yakima (hereinafter the "City") and the Mid-Columbia Fisheries enhancement Group, a non-profit corporation (hereinafter"MCFEG"). WHEREAS, the City is a municipal corporation of the State of Washington, with City Hall being located at 129 North 2nd Street, Yakima, Washington, 98901; and WHEREAS, Contractor's insurance coverage shall be primary insurance with respect to those who are Additional Insureds under this Contract. Any insurance, self-insurance or insurance pool coverage maintained by the City shall be in excess of the Contractor's insurance and neither the City nor its insurance providers shall contribute to any settlements, defense costs, or payments made by Contractor's insurance. All additional insured endorsements required by this Section shall include an explicit waiver or subrogation, and WHEREAS, MCFEG is a non-profit corporation duly formed and existing under the laws of the State of Washington, with offices in White Salmon, Washington, and a mailing address of P.O. Box 2211, White Salmon, Washington, 98672; and WHEREAS, the City owned parcel adjacent to Cowiche Creek which is generally located adjacent to the north of Cowiche Canyon Road outside of Yakima, Washington (tax parcel number 18130934012 and 18130934013), and WHEREAS, the City desires to allow access to MCFEG to provide support for construction, planting, maintenance and monitoring of floodplain, riparian and wetland restoration sites on City property (a Scope of Work description is attached hereto as Exhibit A and fully incorporated herein); and WHEREAS, MCFEG has the experience and ability to conduct such restoration and associated maintenance; and WHEREAS, the parties have negotiated this Memorandum of Understanding in the above MOU of previously scoped work and Engagement for the below activities in the amendment follow the same MOU outlined in the agreements made for Floodplain and Riparian Restoration project on the City of Yakima's property at 2220 East Viola Avenue in Yakima, Washington; NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the City and MCFEG to follow the same outlined MOU that this amendment is attached with the increased scope of services outlined in Exhibit B: 1. Scope of Services. MCFEG agrees to perform the project and maintenance responsibilities outlined in the Scope of Work attached hereto as Exhibit"B" and fully incorporated herein through this reference, which will provide support for maintenance and monitoring at floodplain, riparian, and wetland restoration sites on City property and enhance the environment for the benefit of the City of Yakima and its residents, as well as protect, restore and maintain habitat areas along Cowiche Creek. CITY OF YAKIMA MID-COLUMBIA FISHERIES ENHANCEMENT GROUP ilit By: ,By:\61416-144 -� Bill Mast, Board President Date: t +L) ;7\� c7/- Date: 07i24i2023 ATTEST: AKIMq\1ite 11 By. * ,A L I °, i *. '111�RING• CITY CONTRACT NO' RESOLUTION NO: � ./�� EXHIBIT B Amendment to scope of work on City of Yakima property Activities proposed in MCFEG funding from Department of Ecology: MCFEG was awarded funds from the Washington state Department of Ecology (DOE)to support water quality improvements in the project area. The responsibilities proposed below are supported by the grant on the City of Yakima's property. Funding supports planning and permitting in 2023, implementation in 2023, and maintenance through June 30, 2025. Duration of Agreement: The parties intend that all terms of this Landowner Agreement for Project activities described below shall remain in effect for a period beginning on the date of the agreement for a period of 10 years from the agreement start date. MCFEG will: 1. Complete all permitting required for project installation. 2. Construct the Project according to the plans and specifications. 3. Remove 720 feet of berm. 4. Regrade streambank and floodplain. 5. Preparation of the site for deep planting. 6. Install approximately 3,000 riparian plants and seed 2 acres with native seed. 7. Use staff and volunteers to maintain, weed,water site in the 2024 growing season, and after if funding is available. The City of Yakima will: 1. Review the construction plans and specifications (completed prior to agreement start date) 2. Allow access to MCFEG and DOE to the Project site 3. Coordinate with MCFEG on site activities and property management that could affect MCFEG's ability to conduct maintenance or planting activities. 4. Not intentionally remove the project. Activities proposed in MCFEG funding from Salmon Recovery Funding Board In September 2021, MCFEG received funds from the Salmon Recovery Funding Board(SRFB) to conduct fish habitat improvements in the project area. The responsibilities below are applicable to the funds awarded. Funding will support implementation in 2023 and stewardship of the site through 2025. Duration of Agreement: The parties intend that all terms of this Landowner Agreement shall remain in effect for a period beginning on the date of the agreement for a period of 10 years from the agreement's start date. MCFEG will: 1. Secure permits for work. 2. Complete final designs that include the City of Yakima's bridge project set to be constructed in 2023. 3. Remove concrete and railroad berm and regrade the soils to slope of 2.5:1. Concrete, debris, and fill will be disposed of in a legal landfill. Some fill or clean soils may be repurposed outside of the floodplain by the landowners. 4. The contractor will also construct engineered structures in the stream channel, staying within the zero rise and other permit criteria. 5. MCFEG will spread native grass seed and install approx. 3,000 native trees and shrubs. 6. The re-planted riparian buffer will be approximately 60 ft. wide on the City's property on the right streambank. 7. Access and staging areas will be rehabilitated. 8. Two years of weed control are planned. Weed control may include treating tree of heaven and black locust that are present in the project area. 9. MCFEG will deliver as-built designs at the end of the project, if construction differs from the plan set. The City of Yakima will: 1. Allow access to MCFEG and Recreation and Conservation Office to the Project site. 2. Coordinate with MCFEG on site activities and property management that affect MCFEG's ability to conduct planting activities. 3. Not intentionally remove the project. Signature Certificate : Envelope Ref:7d92d90b3119e8a0458b1a4d3ae9a64869c2bf74 Rhonda Starling 24 Jul 2023, 16.02.22,PDT 24 Jul 2023, 16.59.17,PDT Document Details: ='== = MOU 724 "* r 63e98c3396389e2bad60285e9c160f6c63dfca7107dcc9ac3c577bf4eac8 I7- -�: d63b 12 Document Signed By: Bill Mast ,144 4141 bmast1@live.com 166.181.81.152 MILWAUKEE,WI (US) 24 Jul 2023, 16:59:17, PDT eSignature Consent Accepted Email Document History: Rhonda Starling created this envelope on 24 Jul 2023, 16:02:22, PDT Invitation sent to Bill Mast on 24 Jul 2023, 16:03:16,PDT Invitation accepted by Bill Mast on 24 Jul 2023, 16:57:19, PDT Bill Mast signed this Envelope on 24 Jul 2023, 16:59:17,PDT Document(s)successfully executed on 24 Jul 2023, 16:59.17, PDT Link emailed to bmastl@live.com Link emailed to rhonda@midcolumbiafisheries.org fcxit ESlex MEMORANDUM OF UNDERSTANDING AND ENGAGEMENT BETWEEN THE CITY OF YAKIMA AND MID-COLUMBIA FISHERIES ENHANCEMENT GROUP (Floodplain and Riparian Restoration Project) THIS MEMORANDUM OF UNDERSTANDING AND ENGAGEMENT is made and entered into by the City of Yakima(hereinafter the"City") and the Mid-Columbia Fisheries enhancement Group, a non-profit corporation (hereinafter"MCFEG"). WHEREAS,the City is a municipal corporation of the State of Washington, with City Hall being located at 129 North 2"d Street, Yakima, Washington, 98901; and WHEREAS, MCFEG is a non-profit corporation duly formed and existing under the laws of the State of Washington, with offices in White Salmon, Washington, and a mailing address of P.O. Box 2211, White Salmon, Washington, 98672; and WHEREAS, the City operates a Wastewater Treatment Plant as part of its Public Works Department, which is generally located at 2220 East Viola Avenue in Yakima, Washington (tax parcel numbers 191329-44003, 191328-32006, 191333-23001, 191329-44003, 191333-23002, and 191332- 14001), along the Yakima River; and WHEREAS, the City desires to allow access to MCFEG to provide support for maintenance and monitoring of floodplain, riparian and wetland restoration sites on City property (a Scope of Work description is attached hereto as Exhibit A and fully incorporated herein); and WHEREAS, MCFEG has the experience and ability to conduct such restoration and associated maintenance and any other assistance as funding allows; and WHEREAS, the parties have negotiated this Memorandum of Understanding and Engagement for the activities specifically mentioned or incorporated herein; NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the City and MCFEG as follows: 1. Scope of Services. MCFEG agrees to perform the project and maintenance responsibilities outlined in the Scope of Work attached hereto as Exhibit "A" and fully incorporated herein through this reference, which will provide support for maintenance and monitoring at floodplain, riparian, and wetland restoration sites on City property and enhance the environment for the benefit of the City of Yakima and its residents, as well as protect, restore and maintain habitat areas along the Yakima River. 2. Access to Property. In order to facilitate MCFEG's performance of the Scope of Work, City hereby allows MCFEG and its authorized contractors, subcontractors, work crews, employees and volunteers access to the site during the City's regular business hours to implement, inspect, maintain, monitor complete and conduct such other activities as agreed by and between the parties to implement the floodplain and riparian restoration. City hereby assigns all Project monitoring and maintenance responsibilities to MCFEG, and agrees that the City will not intentionally compromise the integrity of the project. 3. Landowner Agreement. This Agreement shall commence upon execution hereof and shall continue for a period of ten (10) years following completion of the project as described herein and in Exhibit A. The parties agree that this Agreement shall constitute a "Landowner Agreement"to wit: Mid-Columbia Fisheries Enhancement Group,P.O.Box 2211,White Salmon, WA 98672 The City hereby allows and authorizes MCFEG, its authorized officers, contractors, subcontractors, work crews, employees and volunteers, to access and enter upon the City property subject to the project described herein, for the purposes of project implementation, inspection, maintenance and monitoring for a period of ten (10) years. 4. Consideration. City agrees to pay MCFEG compensation for services rendered as set forth in the attached Scope of Work. The parties may amend this Agreement to include additional work and compensation, provided that any such amendment will be reduced to writing, executed by both parties, and appended to this Agreement. 5. Additional Obligations of City. In addition to the terms and conditions above, the City also agrees to the following: a. Provide MCFEG, or their employees, agents, representatives or assignees the right to enter the land, at reasonable times, and upon reasonable notice. Entry is solely for Project implementation and management purposes, to inspect completed work, and to monitor long-term success of the completed project. Except in case of emergency, reasonable notice shall be given at least 48 hours prior to entry. b. Keep MCFEG informed of plans for development in the Project area. c. Not intentionally compromise the integrity of the Project. d. Inform MCFEG of any known safety hazards on the property other than general hazards associated with undeveloped land adjacent to waterways and banks of waterways which can be unstable. 6. Additional Obligations of MCFEG. In addition to the terms and conditions above, MCFEG also agrees to the following: a. Be responsible for the design and installation of the project, and the conduct and activities of its staff, agents and representatives. b. Provide the City with a timeline of estimated dates of project activities, including start and completion dates, and to keep the City informed of progress. c. Complete all permitting, including cultural resources permitting, for the project activities. d. Conduct the project-related activities described herein and in Exhibit A. e. Leave all remaining portions of the property in as near pre-project condition as reasonable, or as otherwise agreed upon in writing with the City. f. Inform the City of project completion and the dates for this Agreement. g. Hold harmless the City from any liability associated from injuries or damages occurring to workers, agents or volunteers implementing the project. h. Identify the specific maintenance and/or monitoring activities that will be provided by MCFEG and provide that information in writing upon completion of the project to the City. 7. Status of MCFEG. MCFEG and the City understand and expressly agree that MCFEG is an independent contractor in the performance of each and every part of the Agreement. MCFEG and its officers, contractors, subcontractors, employees and volunteers shall make no claim of City employment nor shall claim against the City any related employment benefits, social security, and/or retirement. 8. Taxes and Assessments. MCFEG is solely responsible for compensating its employees and for paying all related taxes, deductions, and assessments, including but not limited to, federal income tax, FICA, social security tax, income which may be required by law or assessed against either party as a result of this Agreement. In the event that the City is assessed a tax or assessment as a result of this Agreement, MCFEG shall pay the same before it becomes due. 9. Nondiscrimination. During the performance of this Agreement, MCFEG shall not discriminate in violation of any applicable federal, state and/or local law or regulation on the basis of race, color, sex, religion, national origin, creed, marital status, political affiliation, the presence of any sensory, mental or physical handicap, or any other protected class under federal, state and/or local law. This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training. 10. Compliance with Law. MCFEG agrees to perform the activities and services listed herein and attached hereto in full compliance with any and all applicable laws, rules and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise. 11. No Insurance. It is understood that the City does not maintain liability insurance for MCFEG and/or its employees. 12. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by MCFEG to any other person or entity without the prior written consent of the City. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of MCFEG stated herein. 13. Termination. Either party may terminate this Agreement upon thirty (30) days advance written notice of such termination. 14. Ownership. This Agreement does not authorize MCFEG to assume jurisdiction over, or any ownership interest in, any City property. The City retains the sole responsibility for taxes, assessments, and all other responsibilities associated with property ownership. The City also retains all benefits and enjoyment of the rights of ownership, except as are specifically provided in this Agreement. 15. Indemnification and Insurance. a. At no expense to the City, MCFEG shall defend against and indemnify fully and fully hold harmless the City of Yakima and its elected and appointed officials, employees and agents, from any and all liability, damages, suits, claims, actions, judgments or decrees, including all expenses incidental to the investigation and defense thereof and including reasonable attorneys'fees, based on or arising from the occupancy or use of the property at issue in this Agreement by MCFEG, its servants, employees, agents, invitees, independent contractors, volunteers or any entity, person,firm or corporation acting on behalf of MCFEG or under its direction, whether such claim shall be by MCFEG or a third party. b. MCFEG agrees to reimburse the City for any damage to City property, including the leased premises, caused by the use of MCFEG, its employees, agents, servants, invitees, independent contractors, volunteers or any person acting on behalf of MCFEG or under its direction. c. On or before the effective date of this Agreement, MCFEG shall provide the City proof of liability insurance in the amount of One Million Dollars ($1,000,000.00) per occurrence combined bodily injury and property damage and Two Million Dollars ($2,000,000.00) general aggregate. The certificate shall state who the provider is, the amount of coverage, the policy number and when the policy and provisions provided are in effect. The policy shall name the City, its elected and appointed officials, officers, agents, and employees as additional insureds. The insured shall not cancel or change the insurance without first giving the City thirty (30) calendar days prior written notice. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington. If subcontractors will be used, the same terms and limits of coverage will apply and a certificate will be required per the instructions above. In lieu of such certificate, MCFEG and/or a subcontractor, as applicable, may provide confirmation in writing from their insurance broker that their insurance policy does not contain a subcontract exclusion or an exclusion relating to the work of others. 16. Severability. If any portion of this Agreement is changed per mutual agreement or any portion is held invalid, the remainder of the Agreement shall remain in full force and effect. 17. Survival. Any provision of this Agreement which imposes an obligation after termination or expiration of this Agreement shall survive the term or expiration of this Agreement and shall be binding on the parties to this Agreement. 18. Notices. All notices and demands shall be in writing and sent by certified mail, return receipt requested, or hand delivered, to the parties to their addresses as follows: TO CITY: Marc Cawley Wastewater Superintendent 2220 E. Viola Ave. Yakima, WA 98901 COPY TO: Robert Harrison City Manager 129 North 2nd Street Yakima, WA 98901 TO MCFEG: Mid-Columbia Fisheries Enhancement Group P.O. Box 2211 White Salmon, WA 98672 19. Records. a. The records relating to the actions taken and work done pursuant to this Agreement shall, at all times, be subject to inspection by the City. MCFEG shall provide the City sufficient, safe, and proper facilities and equipment for such inspection and free access to such facilities. MCFEG's records relating to this Agreement will be provided to the City upon the City's request. b. MCFEG shall promptly furnish the City with such information and records which are related to this Agreement as may be requested by the City. Until the expiration of six(6)years after completion of the terms and conditions of this Agreement, or for a longer period if required by law or by the Washington State Secretary of State's record retention schedule, MCFEG shall retain and provide the City access to (and the City shall have the right to examine, audit and copy) all of MCFEG's books, documents, papers and records which are related to this Agreement. c. All records relating to MCFEG's activities under this Agreement must be made available to the City, and also produced to third parties, if required pursuant to the Washington Public Records Act, Chapter 42.56 RCW or by law. All records relating to this Agreement must be retained by MCFEG for the minimum period of time required pursuant to the Washington State Secretary of State's record retention schedule. 20. Integration, This written document constitutes the entire Agreement between the City and MCFEG. No changes or additions to this Agreement shall be valid or binding upon either party unless such change or addition be in writing and executed by both parties. 21. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 22. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County. The parties agree that prior to filing suit for any action to enforce or interpret this Agreement they will attempt to settle any differences through mediation or similar alternative dispute resolution. CITY OF YAKIMA MID-COLUMBIA FISHERIES ENHANCEMENT GROUP GTI.C�"YCn Milky By: By: Robert Harrison Glenn Miller, President Date: ?f.'g I X�ca1 Date: 07/22/2021 ATTEST: By: '1\51 ( 1 44. Sonya Claar Tee, City tZ lerk t R . 1 �l CITY CONTRACT NO: 90-1', ! �t 2-AA-I09 . RESOLUTION NO: EXHIBIT A Scope of Work City of Yakima Wastewater Treatment Plant Floodplain and Riparian Restoration Maintenance and Monitoring The City of Yakima Wastewater Treatment Plant requested assistance from Mid-Columbia Fisheries Enhancement Group to provide support for maintenance and monitoring at floodplain, riparian and wetland restoration sites on City property. Following are deliverables and costs for this work for anticipated conditions and work. Costs are not to exceed annual projected costs in this scope of work unless approved by City of Yakima Wastewater Treatment Plant. Unexpected site changes may occur during the duration of this agreement. MCFEG may request approval for additional funds to address unforeseen site conditions(ie,drought, herbivory or similar event) not to exceed $30,000 during the term of this agreement. Deliverables Existing Floodplain Restoration Site ➢ Maintenance of 41-acre floodplain previously revegetated in floodplain bunchgrasses using post-seeding broadcast weed treatment that are specific for use in grasses. Maintenance is anticipated to require two treatments per year in 2021 through 2023 seasons;one treatment per year or the equivalent is anticipated in 2024 and 2025. ➢ Control of noxious weeds using spot-treatment is anticipated to require two treatments per year in 2021-2025. ➢ Plant and maintain 500 sagebrush seedlings per year to initiate colonization into poor soil areas in 2021- 2025. Existing Riparian Sites ➢ Maintenance of four riparian subsites totaling approximately 1 acre that were previously revegetated with native trees and shrubs and fenced to reduce herbivory. Maintenance is anticipated to require manual and mechanical weed control around plantings and fence maintenance;5 one-day treatments are anticipated in 2021-2025. ➢ Control of noxious wetland weeds using spot-treatment chemical applications. Two treatments per year are anticipated in 2021-2025. ➢ Replace unsuccessful plantings with 150 plants per year, including protection from vole herbivory,soil amendment(topsoil),and wood mulch for weed suppression and moisture retention. Design Review of Future Restoration Sites ➢ Participate in planning and design review of future restoration sites not to exceed 30 hours per year. Cost Estimate Item Year 1 Year 2 Year 3 Year 4 Year 5 Maintenance of existing floodplain and riparian restoration sites $35,745 $35,745 $35,745 $25,055 $25,055 Provide design review for new riparian/floodplain restoration projects $1,350 $1,350 $1,350 $1,350 $1,350 Travel(1000 miles/yr at$0.545/mlle;yr 1 at 3000 miles/yr for COVID) $1635 $545 $545 $545 $545 Contract management(4 hrs/yr at$50/hr) $200 $200 $200 $200 $200 Bookkeeping(20 hrs/yr at$40/hr) $800 $800 $400 $800 $800 Indirect(10%) $3,973 $3,864 $3,864 $2,795 $2,795 Annual estimated costs $43,703 $42,504 $42,504 $30,745 $30,745 Mid-Columbia Fisheries Enhancement Group,P.O.Box 2211,White Salmon,WA 98672 Timeline Site Task Year 1 Year 2 Year 3 Year 4 Year 5 Existing floodplain site Weed control x x x x x Existing floodplain site Plant sagebrush x x x x x Existing riparian site Spot weed treatment x x x x x Existing riparian site Weed control around plantings x x x x x Existing riparian site Replacement of trees and shrubs x x x Existing riparian site Maintain fencing x x x x x t AMENDMENT AND MEMORANDUM OF UNDERSTANDING AND ENGAGEMENT BETWEEN THE CITY OF YAKIMA AND MID-COLUMBIA FISHERIES ENHANCEMENT GROUP Riparian Restoration in Support of City's Bridge and William O. Douglas Trail THIS AMENDMENT AND MEMORANDUM OF UNDERSTANDING AND ENGAGEMENT is made and entered into by the City of Yakima (hereinafter the "City") and the Mid-Columbia Fisheries enhancement Group, a non-profit corporation (hereinafter"MCFEG"). WHEREAS, the City is a municipal corporation of the State of Washington, with City Hall being located at 129 North 2nd Street, Yakima, Washington, 98901; and WHEREAS, Contractor's insurance coverage shall be primary insurance with respect to those who are Additional Insureds under this Contract. Any insurance, self-insurance or insurance pool coverage maintained by the City shall be in excess of the Contractor's insurance and neither the City nor its insurance providers shall contribute to any settlements, defense costs, or payments made by Contractor's insurance. All additional insured endorsements required by this Section shall include an explicit waiver or subrogation, and WHEREAS, MCFEG is a non-profit corporation duly formed and existing under the laws of the State of Washington, with offices in White Salmon, Washington, and a mailing address of P.O. Box 2211, White Salmon, Washington, 98672; and WHEREAS, the City owned parcel adjacent to Cowiche Creek which is generally located adjacent to the north of Cowiche Canyon Road outside of Yakima, Washington (tax parcel number 18130934012 and 18130934013), and WHEREAS, the City desires assistance in meeting permit obligations for riparian planting related to the 2023 construction of a portion of the William O. Douglas Trail and trail bridge over Cowiche Creek in the vicinity of tax parcels 18130934012 and 18130934013 WHEREAS, MCFEG has the experience and ability to conduct such riparian planting and associated maintenance; and WHEREAS, the parties have negotiated this Memorandum of Understanding in the above MOU of previously scoped work and Engagement for Floodplain and Riparian Restoration project on the City of Yakima's property at 2220 East Viola Avenue in Yakima, Washington; NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the City and MCFEG to follow the same outlined MOU that this amendment is attached with the increased scope of services outlined in Exhibit C: 1. Scope of Services. MCFEG agrees to perform the project and maintenance responsibilities outlined in the Scope of Work attached hereto as Exhibit"C" and fully incorporated herein through this reference, which will provide support for planning for riparian planting and restoration on City property and enhance the environment for the benefit of the City of Yakima and its residents, as well as protect, restore and maintain habitat areas along Cowiche Creek. CITY OF YAKIMA MID-COLUMBIA FISHERIES ENHANCEMENT GROUP By: i By: ,� Bill Mast, Board President Date: Ai T , cDi 0a,3 Date: 10/26/2023 ATTEST: Pc�MA `,1�h ; AL ; � CITY CONTRACT NO C3 I 11- . ij *I /NO ir RESOLUTION NO. �?1)•"/"3-10� 411 "i'F3SHtiN.. AMENDMENT TO EXHIBIT A Amendment to scope of work on City of Yakima property Mid-Columbia Fisheries Enhancement Group will: 1. Develop a scope of work, methodology and budget to support the City of Yakima in meeting permit obligations for riparian planting on the City's Cowiche Canyon trail and bridge construction project. The revegetation areas will follow regions shown on LP-1 through LP-4 on the Lower Cowiche Creek Trail Phase 1 (City of Yakima Project 2430)design plans, described as follows: ▪ LP-1: Revegetation around the approach to the new trail bridge and other areas disturbed by bridge and trail construction on tax parcels 18130934013 and tax parcel 18130934012. . LP-2: Riparian enhancement of upstream area on City owned land near Cowiche Creek,tax parcels 18131623401. • LP-3: Revegetation of City-owned tax parcel 18130934012. . LP-4: Provide specifications to City's contractor for native vegetation restoration of access and staging areas shown on tax parcel 18130934013 (decompaction and seeding). Revegetation of woody vegetation impacted during project implementation. . Provide specifications to City's contractor for native vegetation restoration of access and staging areas, or revegetation by MCF, as necessary, of City of Yakima's trail construction contractor access and staging areas disturbed on tax parcel 18131622412. . MCF will provide the City with a scope of work, schedule and budget for the above revegetation work by December 31,2023. 2. Install 3735 riparian plants in Fall 2023 shown in restoration area on sheet LP-3 of the Lower Cowiche Creek Trail Phase 1 design plans, including provision and placement of plant material from appropriate precipitation and aridity seed zones. 3. Provide up to 500 g locally-sourced seed of wetland emergent species for use in hydric soil seeding application by City of Yakima contractors during Fall 2023 wetland soil restoration. 4. MCF will invoice the City for actual time and expenses for the tasks and materials described above. Invoices will include name of each MCF staff,hourly rate, and itemized expenses, for work completed and costs incurred beginning September 15, 2023. The City of Yakima will: 1. Review the revegetation scope of work, timeline and budget, and pursue an amendment for approved work. 2. Reimburse MCF for revegetation planning work beginning September 15, 2023 up to $5,000 3. Reimburse MCFEG$32,674.37 for procurement and placement of 3735 riparian shrubs and trees in restoration area in parcel 18130934012 shown on sheet LP-3 of the Lower Cowiche Creek Trail Phase 1 design plans. 4. Reimburse MCFEG at$2/g, up to $1,000 for 500 g, for provision and placement of locally-sourced seed of wetland emergent species for use in hydric soil seeding application on City of Yakima parcel 18130934013, shown on LP-1 of the Lower Cowiche Creek Trail Phase 1 design plans. 5. Coordinate with MCFEG on site activities, permitting, contracting and property management related to the planting work. 6. Allow MCF access to City properties for revegetation planning. Both the City and MCFEG acknowledge that the Amendment to Exhibit A provides for planning work only by MCFEG to support the City's trail construction project. Both parties understand that an anticipated additional amendment is necessary to fund implementation of revegetation work. Total cost for work described in Exhibit A estimated at$38,674.37.