HomeMy WebLinkAboutCAP 2013-11-12 COMPLETE AGENDA PACKET
City of Tukwila
Distribution:
C. O’Flaherty
A. Ekberg
S. Kerslake
D. Quinn
K. Matej
K. Kruller
L. Humphrey
K.Hougardy
R. Larson
D. Robertson
R. Fox
Mayor Haggerton
Allan Ekberg, Chair
D. Cline
De’Sean Quinn
Kate Kruller
AGENDA
T,N12,2013–5:15
UESDAYOVEMBERPM
CR#3(at east entrance of City Hall)
ONFERENCE OOM
ItemRecommended ActionPage
1.PRESENTATION(S)
2.BUSINESS AGENDA
a.Amendment to contract #12-151 with King County a.Forward to 11/18 Consent Pg.1
Flood Control District to receive additional grant Agenda.
funding in the amount of $765,000 for the
Duwamish Gardens Project.
b.Acceptance of the Coordinated Prevention Grant b.Forward to 11/18 Consent Pg.13
from the Washington State Department of Ecology Agenda.
for recycling activities.
3.ANNOUNCEMENTS
4.MISCELLANEOUS
Next Scheduled Meeting:
The City of Tukwila strives to accommodate those with disabilities.
Please contact the City Clerk’s Office at 206-433-1800(TukwilaCityClerk@TukwilaWA.gov)for assistance.
�YJ ILA he
'`‘Y City of Tukwila
Etas' Z
0 iz Jim Haggerton,.Mayor
4 0
d O
2 9os INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Community and Parks Committee
FROM: Bob Giberson, Public Works Director PO
By: Ryan Larson,Senior Program Manager
DATE: November 8,2013
SUBJECT: Duwamish Gardens
Project No.90630102,Agreement No.12-151
Grant Amendment-King County Flood Control District
ISSUE
Authorize the Mayor to sign a grant amendment to Agreement No. 12-151 with the King County Flood Control
District.
BACKGROUND
The City acquired the Duwamish Gardens site in 2008 for future restoration as a salmon habitat with minor park
elements. The project is currently in the design phase and staff is in the process of obtaining all required construction
permits and securing construction funding. Construction is anticipated to begin in July 2014.
The City received$500,000 in construction funding from the King County Flood Control District(District)through
Agreement No. 12-151.These grant funds were from the District's 2012 funding cycle. Staff applied for additional
construction funding through the District's 2013 funding cycle and has been awarded an additional$765,000.
ANALYSIS
King County has prepared an amendment to Agreement No. 12-151 that increases the total award to$1,265,000,
extends the time to complete the project to December 2015,and adds additional reimbursable items to the
agreement.The overall project scope for Duwamish Gardens remains the same and the new grant funding requires
no additional match from the City.
To date,the City has secured construction funding of$1,265,000 from the District,$300,000 from the King
Conservation District, and has$81,000 in City funds. In addition, we have received notification that the Salmon
Recovery Funding Board(SRFB)staff has recommended$949,434 in funding to their Board with a final decision
expected in December.With the current construction estimate at$2,478,540, Duwamish Gardens is projected to be
fully funded by 2014.
RECOMMENDATION
The Council is being asked to approve an amendment to grant Agreement No. 12-151 with the King County Flood
Control District for a revised total of$1,265,000 and consider this item on the Consent Agenda of the November 18,
2013 Regular Meeting.
Attachments: King County Cooperative Watershed Management Grant Amendment
Page 41,Proposed 2014 CIP
W:\PW Eng\PROJECTS\A-DR Projects\Duwamish Gardens 06-DRO2(90630102)\Grants\Construction\KCFCD\Info Memo GRFCD Grant Ammendment.docx 1
2
AMENDMENT
® AGREEMENT
❑ SCOPE OF WORK
Project Name: Duwamish Gardens Construction
Recipient: CITY OF TUKWILA Agreement No.: 9.12.006
Address: Tukwila City Hall Amendment Date : 10/28/13
6200 Southcenter Blvd.
Tukwila,WA 98188
Amendment No.: 1
AMENDMENT REQUESTED BY
Ken Pritchard AMENDMENT EFFECTS
® Change of Scope
❑ Method of Payment
® Time of Performance
Name ® Compensation
Grant Admistrator ❑ Terms and Conditions
Title ® Results of Services
❑ Other
FIRST CHANGE
READS: This Agreement is made between King County, a municipal corporation, and City of Tukwila
(referred to herein as "Recipient"),for the purposes set forth herein. This Agreement shall be in effect
from the date of execution to December 31, 2014.
TO READ:This Agreement is made between King County, a municipal corporation, and City of Tukwila
(referred to herein as "Recipient"), for the purposes set forth herein.This Agreement shall be in effect
from the date of execution to December 31, 2015.
SECOND CHANGE
TO ADD:TO SECTION 1.3: And Whereas, the Board of Supervisors of the District, the District's governing
body, passed Resolution FDC 2012-11.2 on October 29, 2012, authorizing the King County executive or
his designee to develop and administer a grant award program of up to $3,150,000 in 2013 for water
quality and water resources and habitat restoration and management projects and activities allocated in
the amounts of$1.2 million for WRIA 8, $1.2 million for WRIA 9, $600,000 for the Snoqualmie
PAGE 1 OF 7
3
Watershed and $150,000 for WRIA 10 projects in King County, provided that the project list is approved
by the District executive committee;
THIRD CHANGE
READS:SECTION 1.6: Whereas the District's Executive Committee has received a list of proposed projects
that includes the Project, as described in Exhibit A attached hereto and incorporated herein by this
reference, and the Executive Committee has approved the Project for funding up to the amount of
$500,000.00;
TO READ: SECTION 1.6: Whereas the District's Executive Committee has received a list of proposed
projects that includes the Project, as described in Exhibit A attached hereto and incorporated herein by
this reference, and the Executive Committee has approved the Project for funding up to the amount of
$1,265,000.00 combining the 2012 Award with the 2013 Award.
FOURTH CHANGE
READS: SECTION 2.2:King County agrees to award the Recipient an award in the total amount of
$500,000.00 from District funds (the Award). The Award shall be used by the Recipient solely for the
performance of the Project, as described in Exhibit A of this Agreement. King County shall pay the
Recipient in accordance with the Grant Policies and Procedures
TO READ: SECTION 2.2: King County agrees to award the Recipient an award in the total amount of
$1,265,000.00 from District funds (the Award). The Award shall be used by the Recipient solely for the
performance of the Project, as described in Exhibit A of this Agreement. King County shall pay the
Recipient in accordance with the Grant Policies and Procedures
FIFTH CHANGE
READS: SECTION 3.5: The Project shall be completed by no later than December 31, 2014.
TO READ: SECTION 3.5:The Project shall be completed by no later than December 31, 2015.
SIXTH CHANGE
ADD: EXHIBIT A: Project Description
WRIA APPLICANT PROJECT DESCRIPTION AWARD MATCH
Construct off-channel fish habitat,riparian plantings,
and minor park elements on a 2.16 acre site owned by
Duwamish the City of Tukwila. This project will create
Gardens approximately one acre of shallow water juvenile
City of Construction salmonid habitat in the Duwamish sub-watershed
9 Tukwila (Year 2) transition zone. $765,000 $1,213,540
SEVENTH CHANGE
READS:
EXHIBIT B: SCOPE OF WORK
Activity Share of
Description Deliverables Timeline award
1 Project City of Tukwila will oversee all aspects of the Project,hire and oversee 2012- 15,000
PAGE 2 OF 7
4
Management the work of consultants and contractors to ensure that scope of work 2014
elements are carried out as described below.
Remove five structures including a barn(2,000 Ft.2), two houses(1820
Remove Ft.2,2,200 Ft.2),a bunk house(500 Ft.2),and an outbuilding(4,000 2012-
2 structures Ft.2)located on Parcels 1023049060, 1023049055 and 1023049071 2013 70,000
Plan for and Remove and dispose of approximately 5,000 CY of material that will
remove require special handling and disposal. Excavate soil down to a
contaminated maximum of 4 feet where needed when it contains detectable levels of 2012-
3 soils PAHs below or above the threshold for a MTCA Method A cleanup. 2014 117,000
Data recovery plan will outline how the City of Tukwila plans to
investigate the site to determine if archeological resources are present,
and if so,their approximate location and depth. Excavate a series of
Plan for and trenches where archeologists can observe the trench sides for
complete all sedimentation layering and sieve the excavated material for artifacts.
necessary data This information is used by the project designers to determine if they
recovery for can avoid impacts to the cultural resources,and if not, will allow them
archeological to determine the quantity and types of artifacts that are anticipated 2012-
4 artifacts during excavation.Submit plan to King County as a deliverable. 2014 298,000
Excavate and Remove approximately 55,000 CY of material from the center of the
grade site and site and adjacent to the Duwamish River to establish 1.3 acres of
restore it into a shallow water mudflat and marsh habitat and 0.8 acre of restored
5 shallow marsh riparian area. 2014 0
Provide proper credit as provided by King County for funding this
project by the following needs as applicable: On-site signage,
Credit the King consumable printed materials such as flyers,brochures, etc,press
County Flood releases, electronic postings such as web sites, electronic newsletters 2012-
6 Control District and reports. 2014 0
Prepare and
submit Final December
7 Report Final report shall follow the format of Exhibit E 31,2014 0
$500,000
TO READ:
EXHIBIT B: SCOPE OF WORK
AWARD COMPLE-
TASK DESCRIPTION SHARE TION DATE
The City will oversee all aspects of the Project,hire and oversee the work of
consultants and contractors to ensure that scope of work elements are carried 9/1/2012-
Project out as described below 12/31/2015
Management DELIVERABLE: A record of staff time charged to the Project 50,000 2015
The Consultant contract to manage and inspect construction activities
DELIVERABLES:
• A copy of the duly executed contract agreement between the consultant
hired for the Project and the City
Construction • A copy of the duly executed contract agreement between the construction 6/1/2014-
Engineering contractor and the City of Tukwila hereafter,the Contract. 105,000 12/31/2015
• Development of a cultural resources plan
• Construction monitoring and data recovery if required
As follows:
Data recovery plan will outline how the City of Tukwila plans to investigate
Cultural the site to determine if archeological resources are present,and if so,their 9/1/2012-
Investigation approximate location and depth. Excavate a series of trenches where 298,000 9/1/2015
PAGE 3 OF 7
5
AWARD COMPLE-
TASK DESCRIPTION SHARE TION DATE
archeologists can observe the trench sides for sedimentation layering and
sieve the excavated material for artifacts. This information is used by the
project designers to determine if they can avoid impacts to the cultural
resources,and if not,will allow them to determine the quantity and types of
artifacts that are anticipated during excavation.
DELIVERABLES:A copy of the recovery plan
• Contract with King County for real estate acquisition services
• Obtain approval from various granting agencies
• Exchange properties
• Apply restrictive covenant to the Record of Deed
DELIVERABLES:
• Interlocal Agreement with KC for Acquisition
•
Official Record of Deed for Parcel#(s)naming the City as the property owner
with title.The title shall include the following restriction: Property title shall
include a covenant that shall say: The acquisition of the property herein
conveyed was funded in part by a Cooperative Watershed Management grant
authorized under RCW 86.15.035,and therefore shall not be used in any
manner inconsistent with the purposes specified in RCW 86.15.035. This
restriction shall run with the land and shall be binding upon Grantee,its
successors in interest, assigns,and upon any person acquiring the property, or
any portion thereof,or any interest therein,including leasehold interest,
whether by operation of law or otherwise.In the event of such acquisition by
Land any person or entity,King County hereby reserves the right to enforce this 9/1/2013-
Exchange restriction against such person or entity to the full extent allowed by law. 87,240 6/1/2014
Contractor mobilization
DELIVERABLE: Release of payment by the City upon evidence provided by 6/12014-
Mobilization contractor 50,000 9/1/2015
Traffic control for work within East Marginal Way S.
Traffic DELIVERABLE: Copy of field verification by City of work completion according 6/1/2014-
Control to the Contract design specifications 30,000 10/1/2015
• Removal of Existing structures including foundations,driveways,
underground storage tanks,and other site debris as follows:
Remove five structures including a barn(2,000 Ft.2),two houses(1820
Ft.2,2,200 Ft.2),a bunk house(500 Ft.2),and an outbuilding(4,000 Ft.2)
located on Parcels 1023049060, 1023049055 and 1023049071
• Removal of required vegetation
Demolition DELIVERABLE:Copy of field verification by City of work completion according to 1/1/2014-
and Clearing the Contract design specifications 120,000 8/1/2014
Temporary • Site sediment and erosion control
Sedimentatio • Silt curtain for in water work.
n&Erosion DELIVERABLE: Copy of field verification by City of work completion according 6/1/2014-
Control to the Contract design specifications 22,656 10/1/2015
• Excavation of site materials to be removed, relocated,or capped
• Material haul of site and disposal including contaminated soils
• Contaminated Soils monitoring
• Providing soil amendments
As follows:
o Remove and dispose of approximately 5,000 CY of material that will
require special handling and disposal. Excavate soil down to a
maximum of 4 feet where needed when it contains detectable levels 6/1/2014-
Grading of PAHs below or above the threshold for a MTCA Method A cleanup. 117,000 12/31/2015
PAGE4OF7
6
AWARD COMPLE-
TASK DESCRIPTION SHARE TION DATE
o Remove approximately 35,000 CY of material from the center of the
site and adjacent to the Duwamish River to establish 1.0 acres of
shallow water mudflat and marsh habitat and 1.0 acre of restored
riparian area
DELIVERABLE: Copy of field verification by City of work completion according
to the Contract design specifications
• Construct onsite parking area
• Construct sidewalks along EMWS.
Parking and DELIVERABLE: Copy of field verification by City of work completion according 6/1/2014-
Sidewalks to the Contract design specifications 85,829 10/1/2015
• Construction of pedestrian trails,gathering areas,interpretive signs and art
Trails and work
Gathering DELIVERABLE: Copy of field verification by City of work completion according 6/1/2014-
Areas to the Contract design specifications 32,659 10/1/2015
• Installing onsite storm water conveyance,treatment and detention,
• Protecting,adjusting and relocating existing utilities.
DELIVERABLE: Copy of field verification by City of work completion according 6/1/2014-
Utilities to the Contract design specifications 32,978 10/1/2015
• Installing soil amendments
• Installing permanent and temporary irrigation systems
• Planting marsh
• Planting uplands
• Permanent vegetative erosion control
• DELIVERABLE: Copy of field verification by City of work completion 6/1/2014-
Plantings according to the Contract design specifications 130,000 10/1/2015
• Logs
• Snags
• Woody debris
• Boulders
Habitat DELIVERABLE: Copy of field verification by City of work completion according 6/1/2014-
Structures to the Contract design specifications 0 10/1/2015
• Park benches
• bike rack,
• trash receptacle
• habitat protection fence
• Kiosk and park signs
Park DELIVERABLE: Copy of field verification by City of work completion according 1/1/2015-
Amenities to the Contract design specifications 103,638 10/1/2015
The following permits will be secured for this Project: E *"R I M" , s
• Aquatic Lands Use Authorization—DNR; 4 �' .4?4, 4. 5
• SEPA,Shoreline,grading,and Building —City of Tukwila; ' g " VI e N.V_ Ra„
• Cultural Assessment Section 106-Dredge Permit, US Army Corps x
• Hydraulic Project Approval—Washington Fish and Wildlife �� 1 "K a
• Endangered Species Act Compliance—Part of federal permitting . ,"��s "
(USACOE, FEMA) Ot ' 'fn ae
Permits AtV,APPeiid
Newspaper articles and interpretive signs will acknowledge the various funding < a ` l .
Acknowledgm partners that contributed to the acquisition,design, and construction of the - ,,; � t , r
ent project. 4 � ,
Submit a final report and the financial closeout documentation.Cannot be7 �
W
Final Report later than 30 days after the end date of the project. tir�� °�' e',
s.�. +�a,,�w r�n, rt`
PAGE5OF7
7
AWARD COMPLE-
TASK DESCRIPTION SHARE TION DATE
Total $1,265,000
EIGHTH CHANGE
READS:
EXHIBIT C: BUDGET
OTHER
GRANT FUNDS/MATCH
BUDGET ITEM REQUEST (Source and Status) COST BASIS FOR CALCULATING AMOUNT
Various sources
($860,280)
Salaries&benefits 15,000.00 185 hrs X$81.24 for project mgmt.
Consultant services
Subtotal I 5 O 0 ; OI MEVI ,==
t
Project supplies, materials and
equipment
Commercial services(e.g.,
printing, back hoeing) 485,000.00 860,280.00 See Budget Details table
Transportation
Office expenses(broken down
unless requesting a blanket
overhead rate)
Real estate-related costs
Other costs
Subtotal x'485'00,0 00 ro a "860,280�_OO
GRAND TOTAL 07:00:0010k 00 ` `grf850280 00
BUDGET DETAILS
ITEM QY UNIT UNIT COST TOTAL SHARE OF AWARD
Personnel costs 185 hrs 81.24 15,000 15,000
Cultural/Historic
Investigations&Plan 1 LS 90,000, 90,000 90,000
Artifact Curating 1 8,000 8,000 8,000
Contaminated Soil Removal 1 LS 172,180 172,180 117,000
Cultural/Historic Data
Recovery 1 Site 400,000 $400,000 200,000
Material Excavation
(Excavators&Operator) 55,000 CY 3.2 176,000 0
Material Haul Off Site
(Trucks, Operator and Fuel) 55,000 CY 7.62 419,100 0
Existing Structure Demolition 1 LS 80,000 80,000 70,000
$1,360,280.00 $500,000
PAGE 6 OF 7
8
TO READ:
EXHIBIT C: BUDGET
COST ITEM TOTAL MATCH AWARD
PERSONNEL 50,000 0 50,000
CONSULTING Cultural Investigation 298,000 0 298,000
Construction Engineering 267,992 162,992 105,000
SUB CONSULTANT 565,992 162,992 403,000
COMMERCIAL Mobilization 150,000 100,000 50,000
SERVICES Traffic Control 30,000 0 30,000
Demolition and Clearing 137,213 17,213 120,000
Temporary Sedimentation&Erosion
Control 22,656 0 22,656
Grading 591,517 474,517 117,000
Parking and Sidewalks 85,829 0 85,829
Trails and Gathering Areas 32,659 0 32,659
Utilities 32,978 0 32,978
Plantings 279,946 149,946 130,000
Habitat Structures 146,112 146,112 0
Park Amenities 103,638 0 103,638
SUB CONTRACTOR 1,612,548 887,788 724,760
REAL-ESTATE RELATED 250,000 162,760 87,240
TOTAL $2,478,540 $1,213,540 $1,265,000
IN WITNESS HEREOF,THE PARTIES HERETO HAVE CAUSED THIS AMENDMENT TO BE EXECUTED AND
INSTITUTED ON THE DATE FIRST ABOVE WRITTEN.
King County,Washington RECIPIENT
By By
Title Title
Date Date
PAGE 7 OF 7
9
Ii •
10
CITY OF TUKWILA CAPITAL PROJECT SUMMARY .
2014 to 2019
PROJECT: Duwamish Gardens Project No. 90630102
DESCRIPTION: Purchase and restore site as a salmon estuary and passive park.
JUSTIFICATION: This project is included in the WRIA 9 Salmon Recovery Plan's efforts to acquire and restore 20-acres
within the Duwamish estuary.Also includes all riverfront property from E Marginal Wy S to Tukwila Intl Blvd.
STATUS: Property acquired in 2008. Design began in 2012 with construction scheduled for 2014,grant dependent.
MAINT.IMPACT: With a new passive park,additional maintenance will be needed.
Design funding from State Salmon Recovery Board (SRFB)and King Conservation District(KCD).
COMMENT: Acquisition grants included SRFB,WRIA 9 King Conservation District, KC Conservation Futures,WA
State Aquatic Lands and WA State Earmark grant.
FINANCIAL Through Estimated
(in$000's) 2012 2013 2014 2015 2016 2017 2018 2019 BEYOND TOTAL
EXPENSES
Design 200 260 460
Land(R/W) 2,116 50 150 2,316
Const. Mgmt. 15 250 50 315
Construction 7 75 1,300 750 2,132
TOTAL EXPENSES 2,323 400 1,700 800 0 0 0 0 0 5,223
FUND SOURCES
Awarded Grant Land 2,011 2,011
Award Grant Design 111 350 139 600
•
Proposed Grants 1,550 780 2,330
Mitigation Expected 0
City Oper. Revenue 201 50 11 20 0 0 0 0 0 282
TOTAL SOURCES 2,323 400 1,700 800 0 0 0 0 0 5,223
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City
of Tukwila
0 4 '
c1 Jim Haggerton, Mayor
19os INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Community Affairs and Parks Committee
FROM: Jack Pace, Community Development Director
BY: Rebecca Fox
DATE: October 30, 2013
SUBJECT: Recycling Grant—Interlocal Agreement
ISSUE
Council approval is required to authorize the Mayor to sign an Interlocal Agreement, and accept
$46, 630.67 (grant plus local match) in recycling funds from the Washington Department of
Ecology.
BACKGROUND
Tukwila has been awarded a Coordinated Prevention Grant (CPG) from the Washington
Department of Ecology to fund Tukwila's Recycling Assistance program through June 30, 2015.
Tukwila regularly obtains this grant, as well as a grant from King County, to support the
recycling program. Tukwila's Recycling Assistance Program is financed entirely through
outside grants rather than with City of Tukwila funds. A signed Interlocal Agreement is required
to accept the grant money.
DISCUSSION
The CPG grant funds will be used as follows:
• Commercial Education and Outreach--$29, 630.67
(Two-year total combines grant and 25% required local match)
Assist Tukwila businesses and multi-family complexes secure and improve recycling
services and adopt practices that result in higher recycling rates through new and/or
improved recycling programs, waste prevention. Resource conservation, environmentally
preferable purchasing practices, and product stewardship will also be targeted. Special
emphasis will be placed on promoting Tukwila's free business recycling program through
Waste Management.
• Residential Recycling Collections—$17, 000
(Two-year total combines grant and 25% required local match)
Hold drop-off events for Tukwila residents in 2014 and 2015 to collect and recycle hard-to-
recycle goods (i.e. tires, furniture, bulky yard debris, sinks, appliances, Styrofoam, textiles
etc.).
FINANCIAL IMPACT
The Coordinated Prevention Grant (CPG) from the Washington Department of Ecology (DOE)
totals a maximum allowable cost of$46, 630.76. The State grant share is $34, 973. Another
grant, the Waste Reduction Recycling (WRR) grant from King County, will be used to provide
the required 25% local share/match of$11, 657.67. No direct City of Tukwila funds are used.
Rf Z:\DCD n Clerk's\Rebecca\CAP 11.12.13\CPG--InfoMemo.doc 10/30/13
13
INFORMATIONAL MEMO
Page 2
RECOMMENDATION
The Council is being asked to forward the Interlocal Agreement to the Regular Meeting on
November 18, 2013 for approval on the consent agenda.
ATTACHMENTS
Coordinated Prevention Grant (CPG) agreement
4 Rf Z:\DCD n Clerk's\Rebecca\CAP 11.12.13\CPG--InfoMemo.doc 10/30/2013
1
DEPARTMENT OF
ECOLOGY
State of Washington
COORDINATED PREVENTION GRANT (CPG) AGREEMENT
BETWEEN THE
STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND THE
CITY OF TUKWILA
Grant No. G1400151
15
Washington State Department of Ecology
Grant No.G1400151
City of Tukwila
Page 2 of 18
•
This is a binding agreement entered into by and between the State of Washington Department of Ecology,
hereinafter referred to as the"DEPARTMENT" or as "ECOLOGY", and the City of Tukwila hereinafter
referred to as the RECIPIENT, to carry out the activities described herein.
JURISDICTION: City of Tukwila
MAILING ADDRESS: 6300 Southcenter Boulevard
CITY,STATE,ZIP: Tukwila, WA, 98188
RECIPIENT GRANT COORDINATOR: Rebecca Fox
TELEPHONE: 206-431-3683
E-MAIL: rebecca.fox @tukwilawa.gov
RECIPIENT BILLING/INVOICE COORDINATOR: Rebecca Fox
TELEPHONE: 206-431-3683
E-MAIL: rebecca.fox @tukwilawa.gov
ECOLOGY: Diana Wadley
TELEPHONE: 425-649-7056
E-MAIL: Diana.wadley @ecy.wa.gov
FUNDING SOURCE Local Toxics Control Account
MAXIMUM ELIGIBLE COST $46,630.67
STATE GRANT SHARE $34,973.00
LOCAL SHARE $11,657.67
STATE MAXIMUM GRANT PERCENT 75 %
FEDERAL TAX IDENTIFICATION NO. 91-6001519
EFFECTIVE DATE OF THE AGREEMENT: 07-01-2013
EXPIRATION DATE OF THE AGREEMENT: 06-30-2015
16
Washington State Department of Ecology
Grant No. G1400151
City of Tukwila
Page 3 of 18
PART 1: SCOPE OF WORK
The task(s) set forth below summarize the RECIPIENT'S activities to be performed under this agreement.
Costs are limited to those approved by ECOLOGY as outlined in the current scope of work and budget.
The RECIPIENT must complete all deliverables by the expiration date of this agreement, including
delivery of purchases, unless otherwise stated in the scope of work or approved by ECOLOGY in writing.
Note: The term "task"as used in this agreement is interchangeable with the term"project"as used on the
online Solid Waste Information Clearinghouse and "element"as used on payment request forms.
The"Maximum Eligible Cost" is the maximum amount of eligible costs incurred by a RECIPIENT that
ECOLOGY can reimburse at a rate of 75 percent under this grant.
RECIPIENT shall identify the work plan and activities by"Quarter." A quarter is defined by calendar
year and begins with the first three months of the grant period. The RECIPIENT may negotiate changes
to the work plan with the ECOLOGY grant officer. ECOLOGY shall document mutually agreed changes
to the plan in writing.
Expenses relating to the collection and recycling of mercury containing lights shall be eligible for CPG
reimbursement until such time that the Mercury Light Recycling program is fully implemented or the
grant agreement expires, whichever is the earliest date.
CATEGORY: Waste Reduction and Recycling
1. TASK TITLE: Commercial Education and Outreach
Maximum Eligible Task Cost: $ 29,630.67
Task Description: The RECIPIENT will provide Tukwila businesses, including the City
of Tukwila facilities and some multifamily complexes, with information about recycling, waste
prevention, use of recycled-content products and resource conservation, and how to achieve
good results. The RECIPIENT will assist businesses in securing recycling services and
adopting practices that will result in new and/or improved recycling programs, waste
prevention,resource conservation and environmentally-preferable practices and programs.
The RECIPIENT will continue to implement the popular "Tukwila GreenWorks" and "Tukwila
Business Recycler of the Year"programs. Items that may be provided to participating
businesses include indoor containers and signage.
Since Tukwila's solid waste contract began on 11/1/12,commercial recycling service has been
embedded with garbage collection rates. This should be a great incentive for businesses to
recycle. Even so, businesses need additional information and assistance to sign up for recycling
service and to recycle, prevent waste and buy recycled . Additionally, there are best
management practices related to multifamily recycling emerging from the statewide efforts by
the Washington State Recycling Association which could be encouraged through this task.
Another way to enhance synergies and consistency of messaging is to see what others have
done on this topic via browsing the Solid Waste Information Clearinghouse. A consultant and
RECIPIENT staff will perform the work.
17
Washington State Department of Ecology
Grant No.G1400151
City of Tukwila
Page 4 of 18
Note:Promotion specifically targeted to increasing the volume of offsite-composting of
organics is not eligible during this grant cycle. However, materials or programs addressing
contamination in food and yard waste carts is eligible.
This task also includes development and distribution of promotional and educational materials
in a variety offormats to encourage participation. Please see page 50 of the CPG Program
Guidelines for the 2013-2015 cycle for information on how to credit Ecology on grant-
supported publications.
Target Audience: Tukwila businesses, including multifamily complexes and their
residents.
Goal Statement: The goal of this task is to reduce waste produced by businesses,
increase Tukwila recycling rates and participation of businesses and multifamily residents, and
to ensure that businesses and multifamily residents are recycling the correct items onsite, and
bringing other items, such as computers,to proper recycling facilities.
Estimated outcomes over the two-year grant period with available budget:
Recycling/Reuse: approx. 30.44 tons* Organics Diversion: trace(organics focus is
not a part of this grant)
Business Contacts: 1,300+ Business Participants: 100
Residential Contacts: 5,000 Residential Participants: 500
Other Outcomes: Additional recycling(and composting,though not a part of this grant)
signups, and greater participation.
*Assumptions for recycling—distribution of 200 7- gallon deskside/in-unit containers.
Containers are emptied 2 times/week and are filled with 1/2 office paper and 1/2 cans+glass.
Conversion tables were used.
Work Plan,Deliverables and Timeline:
G,w,`�Rn ANT t AR � a €: A F
,M E i GRANT YEAR s 0
Jul-Sep Jul- Sep
No activity. Business outreach,education, technical
assistance to businesses, including property
managed facilities. On-call assistance to
businesses, including City of Tukwila
facilities, that call with questions, requests for
information and/or assistance. Continue with
free desk-side container promotion.
Coordinate with Tukwila's solid waste hauler
and other commercial recycling providers for
18
Washington State Department of Ecology
Grant No. G1400151
City of Tukwila
Page 5 of 18
new materials and additional outreach.
Oct-Dec Oct-Dec
No activity. Same as previous quarter.
Jan-Mar Jan-Mar
Contract with consultant. Business outreach, Same as previous quarter.
education, technical assistance to businesses
and multifamily residents. On-call technical
assistance to firms, including City of Tukwila
facilities, that request help.
Apr-Jun Apr-Jun
Business outreach, education,technical Continue business outreach, and on-call
assistance to businesses, including property assistance. Conduct evaluation via phone,
managers. On-call assistance to businesses, mail or email with selected businesses.
including City of Tukwila facilities and
multifamily complexes, that request
assistance. Publication--create and distribute
postcard and/or email to businesses that
encourages them to sign up for recycling, and
offers free deskside container promotion.
Method of Evaluation: The RECIPIENT plans to conduct an e-mail or phone survey
with selected business participants to determine what changes, if any,they made to their
program and what assistance was most and least helpful. The RECIPIENT will also tabulate
the number of recycling deskside/in-unit containers distributed, and calculate the tonnage
diverted/recycled based on records of times/week emptied and container size. The RECIPIENT
will also track the number of residents contacted and estimate the number of residents who take
positive action (participate)as a result of this task.
2. TASK TITLE: Recycling Collection Event- Residential
Maximum Eligible Task Cost: $ 17,000.00
Task Description: The RECIPIENT will offer residents the opportunity to self-haul
unusual recyclable and reusable materials to a temporary drop site, open one day each spring
for approximately six hours.
Materials targeted for collection may include, but are not limited to: tires, metal, wood,
sinks/toilets, styrofoam, large branches, household items, appliances, and furniture. Additional
19
Washington State Department of Ecology
Grant No. G l 400151
City of Tukwila
Page 6 of 18
materials may be included as budget and markets allow. This task also includes development
and distribution of promotional materials in a variety of formats to encourage participation.
Participants may pay some or all of the fees associated with handling, hauling or recycling
various materials. The RECIPIENT will credit the grant for any revenue received from the
collection of fees or commodity sales on items the grant is supporting.
Note: costs for disposal of non-recyclable components are not grant-eligible unless they are a
direct and unavoidable byproduct of a recycling activity(e.g. emptied jugs used for waste
motor oil or antifreeze).
Target Audience: Tukwila residents(primary audience)and King County residents
(secondary audience).
Goal Statement: The RECIPIENT will collect"hard to recycle" items for recycling and
reuse, and prevent them from going into the landfill.
Estimated outcomes over the two years with available budget:
MRW Diversion: 4 tons Recycling/Reuse: 33 tons Organics Diversion: 3 tons
Residential Contacts: 7,600 households per year.
Residential Participants: 800 households over the two years.
Other Outcomes: Through our flyer, we will provide information about electronics
recycling to 7,600 Tukwila households potentially affecting approximately 19,000 Tukwila
residents who receive information in the mail, or access it on Tukwila's website.
Work Plan,Deliverables and Timeline:
h v € } S f' r-GRA ' �f: �U z `� . r� r y x
GRANT Y�EAR�1 ,� � � �� � ��� sT YEAR 2 ° �-��
Jul- Sep Jul- Sep
No activity. No activity.
Oct-Dec Oct-Dec
No activity. No activity.
Jan-Mar Jan-Mar
Finalize event date for 2014. Arrange use of Finalize event date for 2015. Consultant to
2014 site. Consultant to prepare hold prepare hold harmless&vendor agreements
harmless&vendor agreements w/service w/service providers(2015 Event)
20
Washington State Department of Ecology
Grant No. G1400151
City of Tukwila
Page 7 of 18
providers(2014 event).
Apr-Jun Apr-Jun
Obtain insurance provisions. Prepare and Obtain insurance provisions. Prepare and
distribute event flyer, website info and distribute event flyer, website info and
newsletter article. Hold event. Evaluate newsletter article. Hold event. Evaluate
event/project. event/project.
Method of Evaluation:This task will be evaluated by:
• Number of participating vehicles at entrance to events(Greeter to keep count)
• Number of Tukwila households participating(Greeter will determine by requesting
proof of residence)
• Amount and type of materials collected and diverted from landfill (Information from
vendors to be collected and compiled by consultant.). For the purposes of the Final
Performance Analysis, this will be reported in tons in the categories of recycle/reuse,
moderate risk waste, or organics.
PART 2: BUDGET
Budget by CATEGORY/TASK 11laximumiEhgibte State Grant
5 V Cost r Share
CATEGORY Waste Re uction and Recycling $46,630 67 $. 34,973 00
1. Commerical Education and Outreach $ 29,630.67 $ 22,223.00
2. Recycling Collection Events -Residential $ 17,000.00 $ 12,750.00
TOTAL GRANT-BUDGET � � �� � ` � 3"� , �... ,.
TOTAL MAXIMUM ELIGIBLE COST $46,630.67
STA TE GRANT.SHARE(75%) $34,973.00
LOCAL CASH MATCH(25%) $ 11,657.67
INTERLOCAL COSTS (0 %) $-0 -
21
Washington State Department of Ecology
Grant No. G1400151
City of Tukwila
Page 8of18
PART 3: BUDGET CONDITIONS
A. ECOLOGY requires the RECIPIENT to provide a match of 25 percent of the maximum eligible cost
with cash or interlocal costs. Interlocal costs are the only type of in-kind contributions the
RECIPIENT may use as match.
B. If parties are contributing to the local share of task costs(match)through interlocal-in kind
contributions,the RECIPIENT shall negotiate a memorandum of understanding or other written
agreement confirming the contribution between the parties. These agreements shall specify the exact
work to be accomplished and be signed by all parties contributing to the local match of this task.
Copies of these agreements shall be made part of the RECIPIENT'S grant file and submitted to
ECOLOGY.
C. Overhead is eligible at a rate up to 25 percent of staff salaries and benefits for actual time spent on
tasks outlined in this agreement. Salaries and benefits to administer the grant agreement are eligible
(excluding time spent to write a CPG grant application).
D. RECIPIENT must submit a written request to ECOLOGY to amend budgets between grant tasks,to
modify a scope of work, or for a budget increase or decrease. To increase or decrease the
agreement's total maximum eligible cost or change the scope of work for any tasks as outlined in this
grant agreement, ECOLOGY requires a formal amendment.
E. RECIPIENT must provide ECOLOGY with an updated Spending Plan when requested by
ECOLOGY.
F. Any work performed or costs incurred prior to the effective date or after the expiration date of this
agreement will be at the sole expense of the RECIPIENT.
PART 4: SPECIAL TERMS AND CONDITIONS
A. BILLING
1. Unless otherwise approved in writing by ECOLOGY, the RECIPIENT shall submit a payment
request to ECOLOGY at least quarterly(by calendar year), but no more often than once per
month.
2. RECIPIENT must submit payment requests on approved State Invoice Voucher forms: A19-1A,
B1/B2, Cl/C2. Until there is a change in agency policy, the recipient must submit an A19-1A
with an original signature in blue ink, signed by an authorized person. The B2 and C2 forms are
acceptable in electronic format. The RECIPIENT must also include all backup documentation to
support costs itemized on Form Cl/C2. The budget is organized by task and therefore, the
RECIPIENT shall itemize costs by task on Form Cl/C2 and Form B1/B2. Forms B1 and Cl are
used only when interlocal costs are used towards the 25% match.
3. Any income directly generated as a result of the activities funded by this grant shall be reported
as a credit against the expenses of that activity, as defined by ECOLOGY'S Administrative
Requirements for Recipients of Ecology Grants and Loans, Ecology Publication#91-18.
22
Washington State Department of Ecology
Grant No. G1400151
City of Tukwila
Page 9 of 18
4. RECIPIENT shall submit supporting documents with each payment request. This includes copies
of invoices, purchase receipts, payroll records, time and attendance records, grant award
documents, and any document deemed relevant by ECOLOGY to establish the approval of an
expense listed on Form C1/C2. Documentation shall be clear and legible and organized by task
in the order in which it is itemized on Form C1/C2.
5. RECIPIENT shall maintain grant related material and supporting documents including invoice
vouchers sent to ECOLOGY in a common file. The RECIPIENT shall keep all supporting
documents for audit purposes for at least three years from the date the agreement is closed by
ECOLOGY.
B. REPORTING
1. Progress reports and Final Performance Analyses must be submitted through the web-based
database,the Solid Waste Information Clearinghouse. The RECIPIENT must submit a progress
report with each payment request. If a quarterly payment request is not submitted, the
RECIPIENT is still required to submit a progress report for that quarter. These reports shall
include information that supports incurred costs identified on the corresponding Cl or C2 of the
payment request, and provide a brief update in support of the outcomes and or method of
evaluation in the grant agreement.
a) A Final Performance Analysis(FPA)report must be submitted for each task in a Planning and
Implementation grant before ECOLOGY can process a final payment request.
C. COMPENSATION
Payment to RECIPIENT will be issued through Washington State's Department of Enterprise
Services(DES). DES maintains a central vendor file for Washington state agency use to process
vendor payments. This allows vendors to receive payments from all participating state agencies.
RECIPIENTS must register as a state-wide vendor(SWV)by submitting a state-wide vendor
registration form and an IRS W-9 form http://www.ofm.wa.gov/isd/vendors/payee_registration.doc to
DES. If you have questions about the vendor registration process you can contact DES at the Payee
Help Desk at(360) 664-7779 or email to payeehelpdesk(&,,ofm.wa.gov.
D. TRAINING
RECIPIENT is expected to participate in any ECOLOGY recommended trainings related to
managing a CPG agreement when feasible unless exempted by ECOLOGY in writing.
E. PROCUREMENT AND CONTRACTS
1. RECIPIENT must follow local procurement procedures or current state procurement
procedures,whichever is stricter. A RECIPIENT with no formal procurement procedures
must certify that they have complied with the "Standards for Competitive Solicitation" found
in Part V of the Administrative Requirements for Recipients of Ecology Grants and Loans—
Yellow Book, Ecology Publication#91-18.
2. Upon issuance,the RECIPIENT may submit a copy of all requests for qualifications (RFQs),
requests for proposals(RFPs), and bid documents relating to this grant agreement to
ECOLOGY'S grant officer to be placed in the file.
23
Washington State Department of Ecology
Grant No. GI 400151
City of Tukwila
Page 10 of 18
3. Prior to contract execution,the RECIPIENT may submit all draft documents and a copy of the
draft proposed contract to ECOLOGY'S grant officer for review. The RECIPIENT assumes
any risks associated with the failure to consult with the regional grant officer. Following the
contract execution,the RECIPIENT shall submit a copy of the final contract to ECOLOGY's
assigned grant officer to be placed in the file.
4. Unless a specific purchase of equipment or real property is already written into a task's scope
of work, the RECIPIENT must submit a written request to ECOLOGY to purchase any
equipment or real property(Property)with a single unit purchase price of$5,000 or more. The
request must include the justification for the purchase of the property,the total cost, the
intended use, and the anticipated useful life of the property. The request must be approved in
writing by ECOLOGY prior to the purchase.
F. USE OF EXISTING CONTRACTS
RECIPIENT may use existing contracts that conform to local adopted procurement procedures
and applicable state laws. The RECIPIENT shall notify ECOLOGY if intending to use contracts
entered into prior to the execution of the grant agreement for performance of grant-funded
activities. The RECIPIENT shall submit a copy of the contract to its assigned ECOLOGY grant
officer to be placed in the file. The grant eligibility of products or services secured by the
RECIPIENT under existing contracts used to perform the scope of work in this agreement must
be deemed allowable and reasonable by ECOLOGY prior to cost reimbursement.
G. PROPERTY AND EQUIPMENT MANAGEMENT AND DISPOSITION
For equipment or property purchased with a cost of at least$5,000 per unit or functional system,
the RECIPIENT must utilize an inventory control system, including physical inventory to
document the ongoing use, a description of the item (including serial or vehicle identification
number(VIN when possible)and location. The information shall be submitted to ECOLOGY
upon request until final disposition is made. The RECIPIENT shall investigate, document, and
report to ECOLOGY any loss,theft or damage upon discovery of such conditions. The
RECIPIENT will follow manufacturer recommended maintenance procedures to keep the
property in good operating condition.
RECIPIENT shall submit a written request to the ECOLOGY for any intent to change the use of
the equipment as outlined in this grant agreement, including uses past the expiration date of this
agreement. Disposition of the equipment shall be determined by ECOLOGY and documented in
writing. A copy of the determination will be provided to the RECIPIENT upon ECOLOGY's
closure of the grant agreement unless already identified in the task's scope of work.
o If the equipment is necessary for the continued operation of the project or other projects
administered through ECOLOGY, the grant officer may instruct the recipient to retain the
equipment with no further compensation to ECOLOGY.
o If the project has no further significant use for the equipment, the grant officer may instruct
the recipient to retain or sell the equipment and pay ECOLOGY an amount equal to
ECOLOGY's share of the current fair market value, sale proceeds or other price agreed upon
by the grant officer.
o The grant officer may instruct the recipient to transfer title to ECOLOGY or to a third party
named by ECOLOGY who is eligible under existing statutes.
24
Washington State Department of Ecology
Grant No.G1400151
City of Tukwila
Page 11 of 18
H. ALL WRITINGS CONTAINED HEREIN
This agreement, including the appended "General Terms and Conditions,"current cycle Program
Guidelines—Coordinated Prevention Grants found at
https://fortress.wa.gov/ecy/publications/summarypa.ges/1107008.htm1, and ECOLOGY'S
Administrative Requirements for Recipients of Ecology Grants and Loans, Ecology Publication
#91-18, contain the entire understanding between the parties,and there are no other
understandings or representations except as those set forth or incorporated by reference herein.
No subsequent modification(s)or amendment(s)of this grant agreement shall be of any force or
effect unless in writing, signed by authorized representatives of the RECIPIENT and ECOLOGY
and made part of this agreement.
I. ARCHEOLOGICAL AND CULTURAL RESOURCES
RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects to the
archeological or cultural resources. RECIPIENT shall immediately cease work and notify
ECOLOGY if any archeological or cultural resources are found while conducting work under this
agreement. In the event that historical or cultural artifacts are discovered at the project site, the
RECIPIENT shall also notify the state historic preservation officer at the Department of
Archaeology and Historic Preservation at(360) 586-3065. Applicability of the National Historic
Preservation Act(NHPA)may require the RECIPIENT to obtain a permit pursuant to Chapter
27.53 RCW prior to conducting on-site activity with the potential to impact historic properties
(such as invasive sampling, dredging, or cleanup actions).
J. ENVIRONMENTALLY PREFERRABLE PURCHASING
In a joint effort to save costs, produce energy savings and prevent waste, the RECIPIENT agrees
to use both sides of paper sheets for copying and printing when feasible. The RECIPIENT also
agrees to purchase paper products with a high level of post consumer recycled content when they
are comparable in quality, available, and cost effective.
IN WITNESS WHEREOF, the parties sign this Agreement:
STATE OF WASHINGTON CITY OF TUKWILA
DEPARTMENT OF ECOLOGY
Laurie G. Davies Date Signatory Date
Program Manager
Waste 2 Resources Program
Printed Name and Title of Signatory
APPROVED AS TO FORM ONLY Assistant Attorney General
25
Washington State Department of Ecology
Grant No. G1400151
City of Tukwila
Page 12 of 18
APPENDIX A
PART 5: GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements of the Department of Ecology, SS-010 Rev. 04/04
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
I. 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.
26
Washington State Department of Ecology
Grant No. G1400151
City of Tukwila
Page 13 of 18
3. Wages and Job Safety. The RECIPIENT agrees to comply with all applicable laws, regulations,
and policies of the United States and the State of Washington which affect wages and job safety.
4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state industrial
insurance requirements. If the RECIPIENT fails to comply with such laws,the DEPARTMENT
shall have the right to immediately terminate this agreement for cause as provided in Section K.1,
herein.
G. KICKBACKS
The RECIPIENT is prohibited from inducing by any means any person employed or otherwise
involved in this project to give up any part of the compensation to which he/she is otherwise entitled
or, receive any fee, commission or gift in return for award of a subcontract hereunder.
H. AUDITS AND INSPECTIONS
1. 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
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
27
Washington State Department of Ecology
Grant No.G1400151
City of Tukwila
Page 14 of 18
statement of the action taken or proposed and any assistance needed from the DEPARTMENT to
resolve the situation. Payments may be withheld if required progress reports are not submitted.
Quarterly reports shall cover the periods January 1 through March 31, April 1 through June 30,July 1
through September 30, and October 1 through December 31. Reports shall be due within thirty(30)
days following the end of the quarter being reported.
J. COMPENSATION
1. Method of compensation. Payment shall normally be made on a reimbursable basis as specified
in the grant agreement and no more often than once per month. Each request for payment will be
submitted by the RECIPIENT on State voucher request forms provided by the DEPARTMENT
along with documentation of the expenses. Payments shall be made for each task/phase of the
project, or portion thereof, as set out in the Scope of Work when completed by the RECIPIENT
and approved as satisfactory by the Project Officer.
The payment request form and supportive documents must itemize all allowable costs by major
elements as described in the Scope of Work. Instructions for submitting the payment requests are
found in "Administrative Requirements for Recipients of Ecology Grants and Loans", part IV,
published by the DEPARTMENT. A copy of this document shall be furnished to the
RECIPIENT. When payment requests are approved by the DEPARTMENT, payments will be
made to the mutually agreed upon designee.
Payment requests shall be submitted to the DEPARTMENT and directed to the Project Officer
assigned to administer this agreement.
2. Period of Compensation. Payments shall only be made for actions of the RECIPIENT pursuant to
the grant/loan agreement and performed after the effective date and prior to the expiration date of
this agreement, unless those dates are specifically modified in writing as provided herein.
3. Final Request(s)for Payment. The RECIPIENT should submit final requests for compensation
within forty-five(45)days after the expiration date of this agreement and within fifteen(15)days
after the end of a fiscal biennium. Failure to comply may result in delayed reimbursement.
4. Performance Guarantee. The DEPARTMENT may withhold an amount not to exceed ten percent
(10%)of each reimbursement payment as security for the RECIPIENT's performance. Monies
withheld by the DEPARTMENT may be paid to the RECIPIENT when the project(s)described
herein, or a portion thereof,have been completed if, in the DEPARTMENT's sole discretion, such
payment is reasonable and approved according to this agreement and, as appropriate, upon
completion of an audit as specified under section J.5 herein.
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.
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Washington State Department of Ecology
Grant No.G1400151
City of Tukwila
Page 15 of 18
K. TERMINATION
1. For Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent upon
satisfactory performance by the RECIPIENT of all of its obligations under this agreement. In the
event the RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT, to perform any
obligation required of it by this agreement,the DEPARTMENT may refuse to pay any further
funds thereunder and/or terminate this agreement by giving written notice of termination.
A written notice of termination shall be given at least five working days prior to the effective date
of termination. In that event, all finished or unfinished documents, data studies, surveys,
drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT
under this agreement, at the option of the DEPARTMENT, shall become Department property
and the RECIPIENT shall be entitled to receive just and equitable compensation for any
satisfactory work completed on such documents and other materials.
Despite the above, the RECIPIENT shall not be relieved of any liability to the DEPARTMENT
for damages sustained by the DEPARTMENT and/or the State of Washington because of any
breach of agreement by the RECIPIENT. The DEPARTMENT may withhold payments for the
purpose of setoff until such time as the exact amount of damages due the DEPARTMENT from
the RECIPIENT is determined.
2. Insufficient Funds. The obligation of the DEPARTMENT to make payments is contingent on the
availability of state and federal funds through legislative appropriation and state allotment. When
this agreement crosses over state fiscal years the obligation of the DEPARTMENT is contingent
upon the appropriation of funds 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
mutually 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.
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Washington State Department of Ecology
Grant No.G1400151
City of Tukwila
Page 16 of 18
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 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.
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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 www.ecy.wa.gov/sustainability.
O. RECOVERY OF PAYMENTS TO RECIPIENT
The right of the RECIPIENT to retain monies paid to it as reimbursement payments is contingent
upon satisfactory performance of this agreement including the satisfactory completion of the project
described in the Scope of Work. In the event the RECIPIENT fails, for any reason, to perform
obligations required of it by this agreement, the RECIPIENT may, at the DEPARTMENT's sole
discretion,be required to repay to the DEPARTMENT all grant/loan funds disbursed to the
RECIPIENT for those parts of the project that are rendered worthless in the opinion of the
DEPARTMENT by such failure to perform.
Interest shall accrue at the rate of twelve percent(12%)per year from the time the DEPARTMENT
demands repayment of funds. If payments have been discontinued by the DEPARTMENT due to
insufficient funds as in Section K.2 above, the RECIPIENT shall not be obligated to repay monies
which had been paid to the RECIPIENT prior to such termination. Any property acquired under this
agreement, at the option of the DEPARTMENT, may become the DEPARTMENT'S property and the
RECIPIENT'S liability to repay monies shall be reduced by an amount reflecting the fair value of
such property.
P. PROJECT APPROVAL
The extent and character of all work and services to be performed under this agreement by the
RECIPIENT shall be subject to the review and approval of the DEPARTMENT through the Project
Officer or other designated official to whom the RECIPIENT shall report and be responsible. In the
event there is a dispute with regard to the extent and 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
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shall proceed diligently with the performance of this agreement and in accordance with the decision
rendered.
R. CONFLICT OF INTEREST
No officer,member, agent, or employee of either party to this agreement who exercises any function
or responsibility in the review, approval, or carrying out of this agreement, shall participate in any
decision which affects his/her personal interest or the interest of any corporation,partnership or
association in which he/she is, directly or indirectly interested; nor shall he/she have any personal or
pecuniary interest, direct or indirect, in this agreement or the proceeds thereof.
S. INDEMNIFICATION
1. The DEPARTMENT shall in no way be held responsible for payment of salaries, consultant's
fees, and other costs related to the project described herein, except as provided in the Scope of
Work.
2. To the extent that the Constitution and laws of the State of Washington permit, each party shall
indemnify and hold the other harmless from and against any liability for any.or all injuries to
persons or property arising from the negligent act or omission of that party or that party's agents
or employees arising out of this agreement.
T. GOVERNING LAW
This agreement shall be governed by the laws of the State of Washington.
U. SEVERABILITY
If any provision of this agreement or any provision of any document incorporated by reference shall
be held invalid, such invalidity shall not affect the other provisions of this agreement which can be
given effect without the invalid provision, and to this end the provisions of this agreement are
declared to be severable.
V. PRECEDENCE
In the event of inconsistency in this agreement, unless otherwise provided herein, the inconsistency
shall be resolved by giving precedence in the following order: (a)applicable Federal and State
statutes and regulations; (b) Scope of Work; (c) Special Terms and Conditions; (d)Any terms
incorporated herein by reference including the "Administrative Requirements for Recipients of
Ecology Grants and Loans"; and (e)the General Terms and Conditions.
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