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2016-08-22-minutes-public-works-study-session
KITTITAS COUNTY COMMISSIONERS Public Works Study Session REGULAR MEETING Monday, August 22, 2016 - 1:30 PM Commissioners' Auditorium 205 West 5th Room 109 - Ellensburg 1. Call to Order 2. Authorize Acquistion of Two Pickups and Five Laptop Computers 3. Approve a Notice of Call for Bids to Furnish Liquid Asphalt Materials for Calendar Year 2016 4. Request to Approve a Resolution to Authorize Director's Signature on the Recreation and Conservation Office Ringer Loop Acquistion and Design Grant documents 5. Request to Approve a Resolution of Intention to Formulate the Biltmore Road Improvement District AND Set a Public Hearing for Finalizing the Role of the District 6. Other business 7. Adjourn Created on 8/19/2016 9:05:22 AM G,AOF3 xL�e KITTIT.AB 4000ILTWWW �c¢ 9 - - DEPARTMENT OF PUBLIC WORKS Mark Cook, Director STUDY SESSION MINUTES August 22, 2016 THOSE PRESENT: Paul Jewell, Obie O'Brien, Laura Osiadacz (BOCC), Mark Cook, Luke Huck, Candie Leader (DPW), Doc Hansen, Steph Mifflin (CDS), Jim Goeben (IT) GUESTS PRESENT: Don Chance AUTHORIZE AC UISTION OF TWO (2) PICK UPS AND FIVE (5) LAPTOP COMPUTERS: Mark stated that as we entered into 2016 we were short staffed and had numerous vacancies. During that time we approached the BOCC and asked to redirect some of the salary earnings towards the hiring of two Consulting firms, Cardno and Jacobs, for floodplain permit review. We anticipated spending more money than we actually spent. As we came forward this year we have one vacancy left and the Construction Manager will be starting the 6�h of September. We have also added an Engineering Tech 2. We are asking to redirect the one time savings to purchase new pickups for new staff coming on board. We'd also like to consult with IT to see about purchasing laptops or tablets. In summary we are asking the BOCC to take the one time savings into 2017 and acquire the pickups and the laptops. Commissioner Jewell stated that the pickups are fine but the laptops should be the bare minimum than a rugged laptop. Mark added that he'd like to work with IT to find a reasonable laptop for staff. Board Direction: Work with IT on laptop purchasing. APPROVE A NOTICE OF CALL FOR BIDS TO FURNISH LIQUID ASPHALT MATERIALS FOR CALENDAR YEAR 2078: Luke reported that we are requesting to advertise a Notice of Call for Bids for Asphalt to complete the Biltmore Road RID project. Mark added that we knew that we'd be late due to Prosecutor review and we used a new product on Schnebly Road this year. We are trying to meet our obligation to the residents of Biltmore Road. We used more oil than anticipated from our original purchase so we need to secure more asphalt for this project. Board Direction: Move ahead with a Notice of Call for Bids. 411 N_ Ruby, Suite #1 TEL (509) 962-7523 Ellensburg, WA 98926 FAX (509) 962-7663 Dept. of Public Works Page 2 REQUEST TO APPROVE A RESOLUTION TO AUTHORIZE THE DIRECTOR'S SIGNATURE ON THE RECREATION AND CONSERVATION OFFICE RINGER LOOP ACQUISITION AND DESIGN GRANT DOCUMENTS: Mark stated that we received notice about 4 weeks ago from RCO that the $988,000 award had come through from the Integrated Plan through RCO for the Ringer Loop acquisition and design grant. We were not able to bring the grant forward until Prosecutor review was complete. That review is now done. The grant is now available and they are requesting the Director's signature on the grant. The appraisal for the Papineau property has been done and we are hoping that the acquisition consultant, Roland Resources, can sit down with Mr. Papineau for discussion. There is also another piece of property along the railroad and the City of Ellensburg that Mark has requested to have an appraisal on it as well. This piece is also in danger of being taken over by the river. Discussion was held. Board Direction: Commissioner Jewell made a motion to approve Resolution No. 2016-108 to authorize the Public Works Director's Signature on 2016 Recreation and Conservation Project Agreement for Ringer Loop Acquisitions and Design. Motion was seconded and approved. REQUEST TO APPROVE A RESOLUTION OF INTENTION TO FORMULATE THE BIL TMORE ROAD IMPROVEMENT DISTRICT AND SET A PUBLIC HEARING FOR FINALIZING THE ROLE OF THE DISTRICT: Mark gave some background on the formation and approval of Road Improvement Districts. A few months ago Mark was invited to a Homeowner's Association meeting with residents of Biltmore Road. The conversation went well and the residents have decided that they'd like to pursue the formation through the petition process. Discussion was held. Staff is presenting the supporting documents to form the RID and the petition has been validated. One property owner has not signed the petition but has verbally committed to the RID. A Resolution would be approved for the intention of formulating the RID. Staff would then need to notice all the property owners in the area to make them aware of the request. Further 411 N. Ruby, Ste. #1 TEL (509) 962-7523 Ellensburg, WA 98926 FAX (509) 962-7663 Dept. of Public Works Page 3 Board Direction: discussion was held. Commissioner Jewell mentioned that the Resolution needs to be corrected due to scrivener's errors. Staff corrected the Resolution for signature. Mark came back after correcting the Resolution and has asked to withdraw the request. This project will be put off until next year. Correct Resolution for approval. OTHER BUSINESS: Mark stated that we recently had a WDOT audit for Kittitas Highway. In the debriefing that WSDOT will put our department on probationary status due to the audit findings. Supporting documentation was not saved into the project files so staff requested access to prior employee's emails to track down the necessary documentation being requested by WSDOT. Discussion was held. Staff is working on building the project notebooks to a complete record for final auditing. Commissioner O'Brien inquired to the status of the project paperwork for the Teanaway Road project. Mark replied that the project for the Teanaway Road was a less complicated project and staff will be working on going through paperwork for a complete record for that project as well. Mark reported that shortly after the departure of the previous County Engineer it was brought to the attention of staff that a lot of the work for the Westside Road project was not complete. Mark met with the Consultant and requested a new design be completed. The end of the process is coming up and a call for bids is close to being requested. Staff is requesting a special meeting this week to advertise a notice of call for bids for the Westside Road project. Further discussion was held. juz� Mark R. Cook Director of Public Works 411 N. Ruby, Ste. #1 Ellensburg, WA 98926 TEL (509) 962-7523 FAX (509) 962-7663 BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO. 2016 - AUTHORIZE THE PUBLIC WORKS DIRECTOR'S SIGNATURE ON 2016 RECREATION AND CONSERVATION PROJECT AGREEMENT FOR RINGER LOOP ACQUISTIONS AND DESIGN WHEREAS: Ringer Loop Road has experienced significant flood damage during the 2015116 winter season; and WHEREAS: Flood waters are damaging neighboring properties and the river is likely to continue adversely impacting neighboring properties; and WHEREAS: Public Works desires acquiring flood damaged properties and establishing flood resistant vegetation and natural channel amenities along the likely future path of the river; and WHEREAS: Public Works has received project funding from Recreation and Conservation Office (RCO) in the amount of $988,452.00 for acquisition of flood prone properties at Ringer Loop Road; and WHEREAS: Public Works desires planning and designing for the future river path of the Yakima River at Ringer Loop; NOW, THEREFORE BE IT RESOLVED that the Board of County Commissioners, in the best interest of the public, does hereby authorize the Director of Public Works to sign RCO grant documents. DATED this 22nd day of August, 2016, at Ellensburg, Washington. Attest: ❑ Clerk of the Board- Julie Kjorsvik ❑ Deputy Clerk of the Board- Mandy Buchholz 111 k- qN BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Obie , Chairman aul Jewell, Vice -Chairman �h �) Laura Osia acz, Commissioner Y 1r WASHINGTON STATE Recreation and RCO Project Agreement Conservation Office For Office Administered Programs Project Sponsor: Kittitas County Public Works Project Number: 16-1860C Project Title: Ringer hoop Acquisitions and Design Approval Date: 7/9/2016 A. PARTIES OF THE AGREEMENT This Project Agreement (Agreement) is entered into between the State of Washington the Recreation and Conservation Office, P.O. Box 40917, Olympia, Washington 98504-0917 and Kittitas County by and through the Kittitas County Public Works (sponsor), 411 N Ruby St Ste 1, Ellensburg, WA 98926 and shall be binding on the agents and all persons acting by or through the parties. B. PURPOSE OF AGREEMENT This Agreement sets out the terms and conditions by which a grant is made to implement projects under the Yakima Integrated Plan of the State of Washington. The grant is administered by the Recreation and Conservation Office (RCO) to the sponsor for the project named above per the director's authority granted in RCW 79A.25.020, C. DESCRIPTION OF PROJECT Kittitas County will acquire fee simple title to one 40 acre and one 20 acre property, they will acquire a conservation easement on a third 60 acre property, and they will obtain an appraisal to acquire a forth 20 acre property. All properties are located along the Ringer Loop reach of the Yakima River, south of Ellensburg. In addition, Kittitas County will complete preliminary designs and permits for a habitat restoration project on the 60 acre conservation easement. The goal of the project is to protect and expand riparian habitat and to facilitate future off channel fish habitat enhancement and road decommissioning. Fish that are targeted to benefit from the project include steelhead, spring Chinook, Coho, Sockeye, and Cutthroat Trout, D. PERIOD OF PERFORMANCE The period of performance begins on February 29, 2016 (project start date) and ends on June 1, 2017 (project end date). No allowable cost incurred before or after this period is eligible for reimbursement unless specifically provided for by written amendment or addendum to this Agreement or specifically provided for by policies published in RCO manuals as of the effective date of this agreement. The sponsor must request extensions of the period of performance at least 60 days before the project end date. The sponsor has obligations beyond this period of performance as described in Section E: On-going Obligations. E. ON-GOING OBLIGATIONS For the acquisition portion of this project, the sponsor's on-going obligations shall be in perpetuity and shall survive the completionitermination of this Project Agreement unless otherwise identified in the Agreement or as approved by the funding board. It is the intent of the funding board's conversion policy (see Section 24: Restriction of Conversion) that all lands acquired and or facilities and areas developed, renovated, or restored with funding assistance remain in the public domain in perpetuity. For the planning portion of this project, the sponsor's on-going obligation shall be the same as the period of performance identified in Section D: Period of Performance. F. PROJECT FUNDING The total grant award for this project shall not exceed $988,452.00. RCO shall not pay any amount beyond that approved for grant funding of the project and within the RCO's percentage as identified below. The sponsor shall be responsible for all total project costs that exceed this amount. The minimum matching share provided by the sponsor shall be as indicated below: Office - General Habitat State Project Project Sponsor Total Project Cost Percentage 100.00% 0.00% 100.00% Dollar Amount $988,452,00 $0.00 $988,452.00 G. FEDERAL FUND INFORMATION This Agreement is not a federal subaward. This Agreement is funded with a grant from the State of Washington. RCO 16-1860C Source of Funding State Pagel or 23 H. RIGHTS AND OBLIGATIONS INTERPRETED IN LIGHT OF RELATED DOCUMENTS All rights and obligations of the parties under this Agreement shall be interpreted in light of the information provided in the sponsor's application and the project summary under which the Agreement has been approved as well as documents produced in the course of administering the Agreement, including the eligible scope activities and milestones report incorporated herein by reference. Provided, to the extent that information contained in such documents is inconsistent with this Agreement, it shall not be used to vary the terms of the Agreement, unless those terms are shown to be subject to an unintended error or omission. This "Agreement" as used here and elsewhere in this document, unless otherwise specifically stated, has the meaning set forth in the definition of the Standard Terms and Conditions. I. AMENDMENTS MUST BE SIGNED IN WRITING Except as provided herein, no amendment/deletions of any of the terms or conditions of this Agreement will be effective unless provided in writing and signed by both parties. Except, extensions of the period of performance and minor scope adjustments need only be signed by RCO's director or designee, unless the consent of the sponsor to an extension is required by its auditing policies, regulations, or legal requirements, in which case, no extension shall be effective until so consented. J. COMPLIANCE WITH APPLICABLE STATUTES, RULES, AND RCFB-SRFB POLICIES This agreement is governed by, and the sponsor shall comply with, all applicable state and federal laws and regulations, including any applicable policies published in RCO manuals as of the effective date of this agreement, all of which are incorporated herein by this reference as if fully set forth. K. SPECIAL CONDITIONS 1. Source of Funding Funding for this agreement comes from the Washington State Department of Ecology's Yakima Basin Integrated Plan I unds through RCO interagency agreement #17-15. 2. Preliminary Title Reports Required Before any reimbursement is made, the sponsor must submit the preliminary title report for the subject property within the scope of work approved in this Project Agreement. 3. Archaeological and Cultural Resource Consultation, EO 05-05 Exemption due to no ground disturbance: This project does not include ground disturbing activities, nor alter structures built more than 50 years ago, and therefore appears to be exempt from Governor's Executive Order 05-05 Archaeological and Cultural Resources Consultation as described in Section 8 of this project agreement. If any ground disturbance or demolition or modification of structures older than 50 years becomes necessary, promptly notify your RCO grant manager as cultural resources consultation will be required. Completion of this consultation and a Notice to Proceed from RCO will be required before these activities can begin. 4. Design Deliverables. Appendix D of RCO Manual #18, Salmon Recovery Grants, dated January 2015, defines Conceptual, Preliminary, and Final Design deliverables as follows. Preliminary Project Design While the detailed scope of each project's preliminary design process is unique, in general, the process for developing a preliminary design includes: preparing surveyed site plans; conducting field investigations of hydrologic, geotechnical, and other site conditions; conducting data analysis; preparing drawings and designs; preparing the design report; and preparing engineering cost estimates. Preliminary designs must adequately describe all proposed project elements in sufficient detail for permit review and authorization. While the design team may tailor the design process to suit the unique circumstances of each project, the following are required deliverables for preliminary designs. A. Preliminary design report, drawings, and engineering cost estimate (refer to Manual 18, Appendix D-2 for a detailed description of typical design report elements) B. Design review comments (optional) C. Permit applications RCO 16-1860C Page 2 of 23 L. AGREEMENT CONTACTS The parties will provide all written communications and notices under this Agreement to the mail address or the email address listed below if not both: Proiect Contact Name: Mark Cook Title: Public Works Director Address: 411 North Ruby, Ste 1 Ellensburg, WA 98926 Email: mark.cook@co.kitlitas.wa.us Office Recreation and Conservation Office Natural Resources Building PO Box 40917 Olympia, Washington 985040917 These addresses shall be effective until receipt by one party from the other of a written notice of any change. M. ENTIRE AGREEMENT This Agreement, with all amendments and attachments, constitutes the entire Agreement of the parties. No other understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the parties. N. EFFECTIVE DATE This Agreement, for project 16-1860C, shall be subject to the written approval of the RCO's authorized representative and shall not be effective and binding until the date signed by both the sponsor and the RCO, whichever is later (Effective Date). Reimbursements for eligible and allowable costs incurred within the period of performance identified in Section D: Period of Performance are allowed only when this Agreement is fully executed and an original is received by RCO. The sponsor has read, fully understands, and agrees to be bound by ail terms and conditions as set forth in this Agreement. The signatory listed below represent and warrant their authority to bind the parties to this Agreement. Kittitas Coun By: Date: Name: (printed) Title: State of Washington, Recreation Conservation Office LA�� By. & Date: •/ f'f Kaleen Cottingham Director Recreation and Conservation Office Pre -approved as to form: By: Isl Assistant Attorney General I:1403Ii[.Sf:%IiIy RECEIVED AUG -2 9 2016 VIrA STATE RECREATIOA AfaD CONKRVATiON OFFICE Date: June 13, 2016 Page 3 of 23 Standard Terms and Conditions of the Project Agreement Table of Contents Page SECTION 1. CITATIONS, HEADINGS AND DEFINITIONS............................................................. 6 SECTION 2. PERFORMANCE BY THE SPONSOR ............................................... I....................... 7 SECTION3. ASSIGNMENT...................................................................................................... 7 SECTION 4. RESPONSIBILITY FOR PROJECT........................................................................... 7 SECTION 6. INDEMNIFICATION............................................................................................... 7 SECTION S. INDEPENDENT CAPACITY OF THE SPONSOR......................................................... 8 SECTION 7. CONFLICT OF INTEREST...................................................................................... 8 SECTION 8. COMPLIANCE WITH APPLICABLE LAW.................................................................. 8 SECTION 9. RECORDS........................................................................................................... 9 SECTION 10. PROJECT FUNDING AND COSTS........................................................................... 9 SECTION 11. PROJECT REIMBURSEMENTS.............................................................................. 10 SECTION 12. ADVANCE PAYMENTS.......................................................................................... 11 SECTION 13. RECOVERY OF PAYMENTS................................................................................... 11 SECTION 14. COVENANTAGAINST CONTINGENT FEES............................................................. 17 SECTION 15. INCOME AND USE OF INCOME.............................................................................. 11 SECTION 16. PROCUREMENT REQUIREMENTS......................................................................... 12 SECTION 17. TREATMENT OF EQUIPMENT............................................................................... 12 SECTION 18. RIGHT OF INSPECTION........................................................................................ 12 SECTION 19. STEWARDSHIP AND MONITORING........................................................................ 12 SECTION 20. PREFERENCES FOR RESIDENTS........................................................................... 12 SECTION 21. ACKNOWLEDGMENT AND SIGNS.......................................................................... 13 SECTION 22. PROVISIONS APPLYING TO DEVELOPMENT, MAINTENANCE, RENOVATION, AND RESTORATION PROJECTS.................................................................................. 13 SECTION 23. PROVISIONS APPLYING TO ACQUISITION PROJECTS ............................................. 13 SECTION 24. RESTRICTION ON CONVERSION OF REAL PROPERTY AND/OR FACILITIES TO OTHERUSES....................................................................................................... 14 SECTION 25. CONSTRUCTION, OPERATION, USE AND MAINTENANCE OF ASSISTED PROJECTS.. 15 SECTION 26. PROVISIONS RELATED TO CORPORATE (INCLUDING NONPROFIT) SPONSORS........ 15 RCO 16-1860C Page 4 of 23 SECTION 27. SECTION 28. SECTION 23. SECTION 30. SECTION 31. SECTION 32. SECTION 33. SECTION 34. SECTION 35. SECTION 36. SECTION 37. SECTION 38. 69XjiJd:KKI.1f PROVISIONS FOR FEDERAL SUBAWARDS ONLY ................................................... PROVISIONS FOR ESTUARY AND SALMON RESTORATION PROGRAM PROJECTS ONLY................................................................................................................. ORDER OF PRECEDENCE.................................................................................... LIMITATION OF AUTHORITY................................................................................. WAIVER OF DEFAULT...................................................................I...................... APPLICATION REPRESENTATIONS -- MISREPRESENTATIONS OR INACCURACY OR BREACH............................................................................................................. SPECIFIC PERFORMANCE.................................................................................... TERMINATION...................................................................... DISPUTE HEARING.............................................................................................. ATTORNEYS' FEES............................................................................................. GOVERNING LAWIVENUE..................................................................................... PROVISIONS APPLICABLE ONLY IF FEDERALLY RECOGNIZED INDIAN TRIBE IS THESPONSOR.................................................................................................... SEVERABILITY.................................................................................................... 16 17 21 21 21 21 21 21 22 22 22 22 23 RCO 16-1860C Page 5 of 23 SECTION 1. CITATIONS, HEADINGS AND DEFINITIONS A. Any citations referencing specific documents refer to the current version at the date of project Agreement andlor any revisions in the future. Headings used in this Agreement are for reference purposes only and shall not be considered a substantive part of this Agreement. C. Definitions. As used throughout this Agreement, the following terms shall have the meaning set forth below: acquisition project - A project that purchases or receives a donation of fee or less than fee interests in real property. These interests include, but are not limited to, conservation easements, acoess/trail easements, covenants, water rights, leases, and mineral rights. Agreement or Project Agreement- The document entitled "Project Agreement" accepted by all Parties to the present transaction, including without limitation these Standard Terms and Conditions, all attachments, addendums, and amendments, and any intergovernmental agreements or other documents that are incorporated into the Project Agreement subject to any limitations on their effect. applicant - Any party that meets the qualifying standards, including deadlines, for submission of an application soliciting a grant offunds. application - The documents and other materials that an applicant submits to the RCO to support the applicant's request for grant funds; this includes materials required for the "Application" in the RCO's automated project information system, and other documents as noted on the application checklist including but not limited to legal opinions, maps, plans, evaluation presentations and scripts. C.F.R. - Code of Federal Regulations contractor - An entity that receives a contract from a sponsor. A contract is a legal instrument by which a non -Federal entity (sponsor) purchases property or services to carry out the project or program under a Federal award. A contractor is not the same as the sponsor or subredpient. A contract is for the purpose of obtaining goods and services for the non -Federal entity's (sponsor's) own use and creates a procurement relationship with the contractor (2 C.F.R § 200.23 (2013)). development project - A project that results in the construction of or work resulting in new elements, including but not limited to structures, facilities, and/or materials to enhance outdoor recreation resources. director - The chief executive officer of the Recreation and Conservation Office or that person's designee. education project - A project that provides information, education, and outreach programs for the benefit of outdoor recreationists. education and enforcement project - A project that provides information, education, and outreach programs; encourages responsible recreational behavior, and may provide law enforcement for the benefit of outdoor recreationists. equipment - Tangible personal property (including information technology systems) having a useful life of more than one year and a per-unit acquisition cost which equals or exceeds the lesser of the capitalization level established by the sponsor or $5,000 (2 C.F.R. § 200.33 (2013)). Indirect cost - Costs incurred for a common or joint purpose benefitting more than one cost objective, and not readily assignable to the cost objectives specifically benefitted, without effort disproportionate to the results achieved (2 C.F.R. § 200.56 (2013)). landowner agreement - An agreement that is required between a sponsor and landowner for projects located on land not owned, or otherwise controlled, by the sponsor. maintenance project - A project that maintains existing areas and facilities through repairs and upkeep for the benefit of outdoor recreationists. maintenance and operation project - A project that maintains existing areas and facilities through repairs, upkeep, and routine servicing for the benefit of outdoor recreationists. match or matching share - The portion of the total project cost provided by the sponsor. milestone - An important event with a defined date to track an activity related to implementation of a funded project and monitor significant stages of project accomplishment. pass-through entity -A non -Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program (2 C. F. R. § 200.74 (2013)). If this Agreement is a federal subaward, the RCO is the pass-through or is acting as the pass-through entity on behalf of another state agency as identified in Section A: Parties to the Agreement. period of performance - The time during which the sponsor may incur new obligations to carry out the work authorized under this this Agreement (2 C.F.R. § 200.77 (2013)). planning project -A project that results in an assessment, inventory, study, plan, project designs, constructions plans and specifications or permits. pre -agreement cost - A project cost incurred before the period of performance. project - An undertaking that is, or may be, funded in whole or in part with funds administered by RCO. project cost - The total allowable costs incurred under this Agreement and all required match share and voluntary committed matching share, induding third -party contributions (2 C.F.R. § 200.83 (2013)). RCO - Recreation and Conservation Office - The state office that administers the grant under this Agreement . reimbursement RCO's payment of funds from eligible and allowable costs that have already been paid by the sponsor per the terms of the Agreement. renovation project - A project intended to improve an existing site or structure in order to increase its useful service life beyond original expectations or functions. This does not include maintenance activities to maintain the facility for its originally expected useful service life. restoration project - A project that brings a site back to its historic function as part of a natural ecosystem or improves the ecological functionality of a site. RCW - Revised Code of Washington RCO 16-1860C Page 6 of 23 secondary sponsor - one of two or more eligible organizations that sponsors a grant -funded project. Of these two sponsors, only one - the primary sponsor - may be the fiscal agent. sponsor or primary sponsor- The eligible applicant who has been awarded a grant of funds and is bound by this executed Agreement; includes its officers, employees, agents and successors. For projects funded with federal money, the sponsor is a subrecipient, which is a non -Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program; but does not include an individual that is a beneficiary of such program. A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency (2 C.F.R. § 200. 93 (2013)). subaward - An award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a Federal award received by the pass-through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. A subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract (2 C.F.R. § 200.92 (2013)). A subaward is for the purpose of carrying out a portion of a Federal award and creates a Federal assistance relationship with the subrecipient (2 C.F.R. § 200.330 (2013)). If this Agreement is a Federal subaward, the subaward amount is the grant program amount in Section F; Project Funding Amount. subrecipient - Subrecipient means a non -Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program; but does not include an individual that is a beneficiary of such program. A subreciplent may also be a recipient of other Federal awards directly from a Federal awarding agency (2 C.F.R. § 200.93 (2013)). If this Agreement is a Federal subaward, the sponsor is the subrecipient. WAC - Washington Administrative Code. SECTION 2. PERFORMANCE BY THE SPONSOR The sponsor and secondary sponsor where applicable, shall undertake the project as described in this Agreement, the sponsor's application, and in accordance with the sponsor's proposed goals and objectives described in the application or documents submitted with the application, all as finally approved by the RCO. All submitted documents are incorporated by this reference as if fully set forth herein. Also see Section 29: Order of Precedence. Timely completion of the project and submission of required documents, including progress and final reports, is important. Failure to meet critical milestones or complete the project, as set out in this Agreement, is a material breach of the Agreement. SECTION 3. ASSIGNMENT Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the sponsor without prior written consent of the RCO. SECTION 4. RESPONSIBILITY FOR PROJECT While the RCO undertakes to assist the sponsor with the project by providing a grant pursuant to this Agreement, the project itself remains the sole responsibility of the sponsor. The RCO undertakes no responsibilities to the sponsor, a secondary sponsor, or to any third party, other than as is expressly set out in this Agreement. The responsibility for the implementation of the project is solely that of the sponsor, as is the responsibility for any claim or suit of any nature by any third party related in any way to the project. When a project is sponsored by more than one entity, any and all sponsors are equally responsible for the project and all post -completion stewardship responsibilities. SECTION 5. INDEMNIFICATION The sponsor shall defend, indemnify, and hold the State and I s officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the actual or alleged acts, errors, omissions or negligence of, or the breach of any obligation under this Agreement by, the sponsor or the sponsor's agents, employees, contractors, subcontractors, or vendors, of any tier, or any other persons for whom the sponsor may be legally liable. Provided that nothing herein shall require a sponsor to defend or indemnify the State against and hold harmless the State from claims, demands or suits based solely upon the negligence of the State, its employees and agents for whom the State is vicariously liable. Provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the sponsor or the sponsor's agents, employees, contractors, subcontractors or vendors, of any tier, or any other persons for whom the Sponsor is legally liable, and (b) the State its employees and agents for whom it is vicariously liable, the indemnity obligation shall be valid and enforceable only to the extent of the sponsor's negligence or the negligence of the sponsor's agents, employees, contractors, subcontractors or vendors, of any tier, or any other persons for whom the sponsor may be legally liable. This provision shall be included in any Agreement between sponsor and any contractors, subcontractors and vendors, of any tier. The sponsor shall also defend, indemnify, and hold the State and its officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from an alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions by the sponsor or the sponsor's agents, employees, contractors, subcontractors or vendors, of any tier, or any other persons for whom the sponsor may be legally liable, in performance of the Work under this Agreement or arising out of any use in connection with the Agreement of methods, processes, designs, information or other items furnished or communicated to State, its agents, officers and employees pursuant to the Agreement; provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions resulting from State's, its agents', officers' and employees' failure to comply with specific written instructions regarding use provided to State, its agents, officers and em to ees by the sponsor, its agents, employees, contractors, subcontractors or vendors, of any tier, or RCO 16-1860C Page 7 of 23 any other persons for whom the sponsor may be legally liable. The sponsor specifically assumes potential liability for actions brought by the sponsor's own employees or its agents against the State and, solely for the purpose of this indemnification and defense, the sponsor specifically waives any immunity under the state industrial insurance law, RCW Title 51. The RCO is included within the term State, as are all other agencies, departments, boards, or other entities of state government. SECTIONS. INDEPENDENT CAPACITY OF THE SPONSOR The sponsor and its employees or agents performing under this Agreement are not officers, employees or agents of the RCO. The sponsor will not hold itself out as nor claim to be an officer, employee or agent of the RCO or of the state of Washington, nor will the sponsor make any claim of right, privilege or benefit which would accrue to an employee under RCW 41.06 or 28B. The sponsor is responsible for withholding and/or paying employment taxes, insurance, or deductions of any kind required by federal, state, and/or local laws. SECTION 7. CONFLICT OF INTEREST Notwithstanding any determination by the Executive Ethics Board or other tribunal, RCO may, in its sole discretion, by written notice to the sponsor terminate this Agreement if it is found after due notice and examination by RCO that there is a violation of the Ethics in Public Service Act, RCW 42.52; or any similar statute involving the sponsor in the procurement of, or performance under, this Agreement. In the event this Agreement is terminated as provided herein, RCO shall be entitled to pursue the same remedies against the sponsor as it could pursue in the event of a breach of the Agreement by the sponsor. The rights and remedies of RCO provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or this Agreement. SECTIONS. COMPLIANCE WITH APPLICABLE LAW The sponsor will implement the Agreement in accordance with applicable federal, state, and local laws, regulations and the RCO policies regardless of whether the sponsor is a public or non-public organization. Pursuant to RCW 43.21 C.0382, all of RCO's activities and programs are exempt from threshold determinations and environmental impact statement requirements. The sponsor shall comply with, and RCO is not responsible for determining compliance with, any and all applicable federal, state, and local laws, regulations, andlor policies, including, but not limited to: Stale Environmental Policy Act; Industrial Insurance Coverage; Architectural Barriers Act; permits (shoreline, Hydraulics Project Approval, demolition); land use regulations (critical areas ordinances, Growth Management Act); federal and state safety and health regulations (Occupational Safety and Health AdministrationfWashington Industrial Safety and Health Act); and Buy American Act. A. Nondiscrimination Laws. The sponsor shall not discriminate against users of projects assisted with board funds on the basis of race, creed, color, sex, religion, national origin, disability, marital status, or sexual orientation and must comply with all applicable federal, state, and local nondiscrimination laws and/or policies, including but not limited to: the Americans with Disabilities Act; Civil Rights Act; and the Age Discrimination Act. In the event of the sponsor's noncompliance or refusal to comply with any nondiscrimination law or policy, the Agreement may be rescinded, cancelled, or terminated in whole or in part, and the sponsor may be declared ineligible for further grant awards from the RCO. The sponsor is responsible for any and all costs or liability arising from the sponsor's failure to so comply with applicable law. B. Wages and Job Safety. The sponsor 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. The sponsor agrees when state prevailing wage laws (RCW 39.12) are applicable, to comply with such laws, to pay the prevailing rate of wage to all workers, laborers, or mechanics employed in the performance of any part of this contract, and to file a statement of intent to pay prevailing wage with the Washington State Department of Labor and Industries as required by RCW 39.12.040. The sponsor also agrees to comply with the provisions of the rules and regulations of the Washington State Department of Labor and Industries. C. Archaeological and Cultural Resources. The RCO facilitates the review of applicable projects for potential impacts to archaeological sites and state cultural resources. The sponsor must assist RCO in compliance with Executive Order 05-05 or the National Historic Preservation Act before initiating ground -disturbing activity. The RCO requires documented compliance with Executive Order 05-05 or Section 106 of the National Historic Preservation Act, whichever is applicable to the project. If a federal agency declines to consult, the sponsor shall comply with the requirements of Executive Order 05-05. In the event that archaeological or historic materials are discovered during project activities, work in the location of discovery and immediate vicinity must stop instantly, the area must be secured, and notification must be provided to the following: concerned Tribes' cultural staff and cultural committees, RCO, and the State Department of Archaeology and Historic Preservation. If human remains are discovered during project activity, work in the location of discovery and immediate vicinity must stop instantly, the area must be secured, and notification provided to the concerned Trlbe's cultural staff and cultural committee, RCO, State Department of Archaeology, the coroner and local law enforcement in the most expeditious manner possible according to RCW 68.50. RCO 16-1860C Page 8 of 23 D. Restrictions on Grant Use. No part of any funds provided under this grant shall be used, other than for normal and recognized executive -legislative relationships, for publicity or propaganda purposes, or for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or video presentation designed to support or defeat legislation pending before the U.S. Congress or any state legislature. No part of any funds provided under this grant shall be used to pay the salary or expenses of any sponsor, or agent acting for such sponsor, related to any activity designed to influence legislation or appropriations pending before the U.S. Congress or any state legislature. E. Debarment and Certification. By signing the Agreement with RCO, the sponsor certifies that neither it nor its principals nor any other lower tier participant are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by Washington State Labor and Industries. Further, the sponsor agrees not to enter into any arrangements or contracts related to this Agreement with any party that is on the "Contractors not Allowed to Bid on Public Works Projects" list. SECTION 9. RECORDS A. Maintenance. The sponsor shall maintain books, records, documents, data and other evidence relating to this Agreement and performance of the services described herein, including but not limited to accounting procedures and practices, which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement Sponsor shall retain such records for a period of six years from the date RCO deems the project complete, as defined in Section 11: Project Reimbursements. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. B. Access to Records and Data. At no additional cost, the records relating to the Agreement, including materials generated under the Agreement, shall be subject at all reasonable times to inspection, review or audit by RCO, personnel duly authorized by RCO, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or Agreement. This includes access to all information that supports the costs submitted for payment under the grant and all findings, conclusions, and recommendations of the sponsor's reports, including computer models and methodology for those models. C. Public Records. Sponsor acknowledges that the RCO is subject to RCW 42.56 and that this Agreement and any records sponsor submits or has submitted to the State shall be a public record as defined in RCW 42.56. RCO administers public records requests per WAC 286-06. By submitting any record to the state, sponsor understands that the State may be requested to disclose or copy that record under the state public records law, currently codified at RCW 42.56. The sponsor warrants that it possesses such legal rights as are necessary to permit the State to disclose and copy such document to respond to a request under state public records laws. The sponsor hereby agrees to release the State from any claims arising out of allowing such review or copying pursuant to a public records act request, and to indemnify against any claims arising from allowing such review or copying and pay the reasonable cost of state's defense of such claims. SECTION 10. PROJECT FUNDING AND COSTS A. Additional Amounts. The RCO shall not be obligated to pay any amount beyond the dollar amount as identified in this Agreement, unless an additional amount has been approved in advance by the director and incorporated by written amendment into this Agreement. B. Before the Agreement. No expenditure made, or obligation incurred, by the sponsor before the project start date shall be eligible for grant funds, in whole or in part, unless specifically provided for by RCO policy or the director, such as a waiver of retroactivity or program specific eligible pre -Agreement costs. For reimbursements of such costs, this Agreement must be fully executed and an original received by RCO. The dollar amounts identified in this Agreement may be reduced as necessary to exclude any such expenditure from reimbursement. C- Requirements for Federal Subawards. Pre -agreements costs before the federal award date in Section F: Project Funding Amount are ineligible unless approved by the federal award agency (2 C.F.R § 200.458 (2013)). D- After the Period of Performance. No expenditure made, or obligation incurred, following the period of performance shall be eligible, in whole or in part, for grant funds hereunder. In addition to any remedy the RCO may have under this Agreement, the grant amounts identified in this Agreement shall be reduced to exclude any such expenditure from participation. RCO 16-1860C Page 9 of 23 SECTION 11. PROJECT REIMBURSEMENTS A. Reimbursement Basis. This Agreement is administered on a reimbursement basis. The sponsors may only request reimbursement for eligible and allowable costs incurred during the period of performance. The sponsor may only request reimbursement after (1) this Agreement has been fully executed and (2) the sponsor has remitted payment to its vendors. RCO will authorize disbursement of project funds only on a reimbursable basis at the percentage as defined in Section F: Project Funding Amount. Reimbursement shall not be approved for any expenditure not incurred by the sponsor or for a donation used as part of its matching share. RCO does not reimburse for donations, which the sponsor may use as part of its percentage. All reimbursement requests must include proper documentation of expenditures as required by RCO. B. Escrow Payments. Direct payment to an escrow account of the RCO's share of the approved cost of real property and related costs may be made following RCO approval when the sponsor indicates a temporary lack of funds to purchase the property on a reimbursement basis. Prior to release of the RCO's share into escrow, the sponsor must provide the RCO with a copy of a binding agreement between the sponsor and the seller, all required documentation, and evidence of deposit of the sponsor's share into an escrow account. C. Reimbursement Request Frequency. Sponsors are encouraged to send RCO a reimbursement request at least quarterly. Sponsors are required to submit a reimbursement request to RCO, at a minimum for each project at least once a year for reimbursable activities occurring between July 1 and June 30 or as identified in the milestones. Sponsors must refer to the most recently published/adopted RCO policies and procedures regarding reimbursement requirements. D. Compliance and Payment. The obligation of RCO to pay any amount(s) under this Agreement is expressly conditioned on strict compliance with the terms of this Agreement by the sponsor. E- Retainage Held Until Project Complete. RCO reserves the right to withhold disbursement of up to the final ten percent (10%) of the total amount of the grant to the sponsor until the project has been completed. A project is considered "complete" when: 1. All approved or required activities outlined in the Agreement are done; 2. On-site signs are in place (if applicable); 3. A final project report is submitted to and accepted by RCO; 4. Any other required documents are complete and submitted to RCO; 5. Afinal reimbursement request is submitted to RCO; 6. The completed project has been accepted by RCO; 7. Final amendments have been processed; 8. Fiscal transactions are complete; and 8. RCO has accepted a final boundary map, if required for the project, for which the Agreement terms will apply in the future. F Sources of Elig Ibis Match. Applicant resources used to match board funds must be eligible in the grant program. Sources of matching resources include, but are not limited to, any one or more of the following: 1. Appropriations and cash; 2. Value of the applicant's expenses for labor, materials, and equipment; 3. Value of donated real property, labor, services, materials, and equipment use; and 4. Other state or federal funds. G. Requirements for Federal Subawards: Match. The sponsor's matching share must comply with 2 C.F.R. § 200.306 (2013). Any shared costs or matching funds and all contributions, including cash and third party in-kind contributions, must be accepted as part of the sponsor's matching share when such contributions meet all of the following criteria: 1. Are verifiable from the non -Federal entity's (sponsor's) records; 2. Are not included as contributions for any other Federal award; 3. Are necessary and reasonable for accomplishment of project or program objectives; 4. Are allowable under 2 C.F.R- Part 200, Subpart E -Cost Principles (2013); 5. Are not paid by the Federal Government under another Federal award, except where the Federal statute authorizing a program specifically provides that Federal funds made available for such program can be applied to matching or cost sharing requirements of other Federal programs; 6. Are provided for in the approved budget when required by the Federal awarding agency identified in Section G: Federal Fund Information of this Agreement; and 7. Conform to other provisions of 2 C.F.R. Part 200, Subpart D -Post Federal Award Requirements (2013), as applicable. RCO 16-1860C Page 10 of 23 Requirements for Federal Subawards: Close out. rer 2 U: F.K § 200.343 (2013), the non -Federal entity (sponsor) must: 1. Submit, no later than 90 calendar days after the end date of the period of performance, all financial, performance, and other reports as required by the terms and conditions of the Federal award. The Federal awarding agency or pass-through entity (RCO) may approve extensions when requested by the sponsor. 2. Liquidate all obligations incurred under the Federal award not later than 90 calendar days after the end date of the period of performance as specified in the terms and conditions of the Federal award. 3. Refund any balances of unobligated cash that the Federal awarding agency or pass-through entity (RCO) paid in advance or paid and that are not authorized to be retained by the non -Federal entity (sponsor) for use in other projects. See OMB Circular A-129 and see 2 C.F.R § 200.345 Collection of amounts due (2013), for requirements regarding unretumed amounts that become delinquent debts. 4. Account for any real and personal property acquired with Federal funds or received from the Federal Government in accordance with 2 C.F.R §§ 200.310 Insurance coverage through 200.316 Property trust relationship and 200.323 Reporting on real property (2013). SECTION 12. ADVANCE PAYMENTS Advance payments of or in anticipation of goods or services are not allowed unless approved by the RCO director and are consistent with legal requirements and Manual B: Reimbursements. SECTION 13. RECOVERY OF PAYMENTS A. Recovery for Noncompliance. in the event that the sponsor fails to expend funds under this Agreement in accordance with state and federal laws, an applicable report from the state auditor's office, and/or the provisions of the Agreement, or meet its percentage of the project total, RCO reserves the right to recover grant award funds in the amount equivalent to the extent of noncompliance in addition to any other remedies available at law or in equity. B. Overpayment Payments. The sponsor shall reimburse RCO for any overpayment or erroneous payments made under the Agreement. Repayment by the sponsor of such funds under this recovery provision shall occur within 30 days of demand by RCO. Interest shall accrue at the rate of twelve percent (12%) per annum from the time that payment becomes due and owing. C. Requirements for Federal Subawards. The pass-through entity (RCO) may impose any of the remedies as authorized in 2 C.F.R §§ 200.207 Specific conditions and/or 200.338 Remedies for noncompliance (2013). D. Deposit in State Account Any recovery of payments in this section will be deposited to the appropriate stale account as identified in Section F: Project Funding. SECTION 14. COVENANT AGAINST CONTINGENT FEES The sponsor warrants that no person or selling agent has been employed or retained to solicit or secure this Agreement on an Agreement or understanding for a commission, peroentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agents maintained by the sponsor for the purpose of securing business. RCO shall have the right, in the event of breach of this clause by the sponsor, to terminate this Agreement without liability or, in its discretion, to deduct from the Agreement grant amount or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fee. SECTION 15. INCOME AND USE OF INCOME A. Income. 1. Compatible source. The source of any income generated in a funded project or project area must be compatible with the funding source and the Agreement. 2. Fees. User and/or other fees may be charged in connection with land acquired or facilities developed, maintained, renovated, or restored if the fees are consistent with the: a. Value of any service(s) furnished; b. Value of any opportunities fumished; and c. Prevailing range of public fees in the state for the activity involved. B. Use of Income. Regardless of whether income or fees in a project work site (including entrance, utility corridor permit, cattle grazing, timber harvesting, farming, etc.) are gained during or after the reimbursement period cited in the Agreement, unless precluded by state or federal law, the revenue may only be used to offset: 1. The sponsor's matching resources; 2. The project's total cost; 3. The expense of operation, maintenance, stewardship, monitoring, and/or repair of the facility or program assisted by this project; 4. The expense of operation, maintenance, stewardship, monitoring, and/or repair of other similar units in the sponsor's system; and/or 5. Capital expenses for similar acquisition and/or development and renovation. C. Requirements for Federal Subawards. Sponsors must also comply with 2 C.F.R. § 200.307 Program income (2013). RCO 16-1860C Page 11 of 23 SECTION 16. PROCUREMENT REQUIREMENTS A. Procurement Requirements. If sponsors have a procurement process that follows applicable state and/or required federal procurement principles, it must be followed. If no such process exists the sponsor must follow these minimum procedures: 1. Publish a notice to the public requesting bidsiproposals for the project; 2. Specify in the notice the date for submittal of bids/proposals; 3. Specify in the notice the general procedure and criteria for selection; and 4. Comply with the same legal standards regarding unlawful discrimination based upon race, ethnicity, sex, or sex -orientation that are applicable to stale agencies in selecting a bidder or proposer. This procedure creates no rights for the benefit of third parties, including any proposers, and may not be enforced or subject to review of any kind or manner by any other entity other than the RCO_ Sponsors may be required to certify to the RCO that they have followed any applicable state and/or federal procedures or the above minimum procedure where state or federal procedures do not apply. B. Requirements for Federal Subawards. For all Federal subawards, non -Federal entities (sponsors) must follow 2 C.F.R §§ 200.318 General procurement standards through 200.326 Contract Provisions (2013). SECTION 17. TREATMENT OF EQUIPMENT A. Discontinued Use. Equipment shall remain in the possession of the sponsor for the duration of the project or applicable grant program. When the sponsor discontinues use of the equipment for the purpose for which it was funded, RCO will require the sponsor to deliver the equipment to RCO, dispose of the equipment according to RCO policies, or return the fair market value of the equipment to RCO. Equipment shall be used only for the purpose of this Agreement, unless otherwise provided herein or approved by RCO in writing. B. Loss or Damage. The sponsor shall be responsible for any loss or damage to equipment which results from the negligence of the sponsor or which results from the failure on the part of the sponsor to maintain and administer that equipment in accordance with sound management practices. C. Requirements for Federal Subawards. Procedures for managing equipment (including replacement equipment), whether acquired in whole or in part under a Federal award, until disposition takes place will, as a minimum, meet the following requirements (2 CRR § 200.313 (2013)): 1. Property records must be maintained that include a description of the property, a serial number or other identification number, the source of funding for the property (including the FAIN), who holds title, the acquisition date, and cost of the property, percentage of Federal participation in the project costs for the Federal award under which the property was acquired, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property. 2. A physical inventory of the property must be taken and the results reconciled with the property records at least once every two years. 3. A control system must be developed to ensure adequate safeguards to prevent loss, damage, or theft of the property. Any loss, damage, or theft must be investigated. 4. Adequate maintenance procedures must be developed to keep the property in good condition. 5. If the non -Federal entity is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. SECTION 18. RIGHT OF INSPECTION The sponsor shall provide right of access to the project to the RCO, or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Agreement. if a landowner agreement or other form of control and tenure as described in Section 22.B: Control and Tenure has been executed, it will further stipulate and define the RCO right to inspect and access lands acquired or developed with funding assistance. SECTION 19. STEWARDSHIP AND MONITORING Sponsor agrees to perform monitoring and stewardship functions as stated in policy documents approved by the RCO. Sponsor further agrees to utilize, where applicable and financially feasible, any monitoring protocols recommended by the RCO. SECTION 20. PREFERENCES FOR RESIDENTS Sponsors shall not express a preference for users of grant assisted projects on the basis of residence (including preferential reservation, membership, and/or permit systems) except that reasonable differences in admission and other fees may be maintained on the basis of residence. Even so, the RCO discourages the imposition of differential fees. Fees for nonresidents must not exceed twice the fee imposed on residents. Where there is no fee for residents but a fee is charged to nonresidents, the nonresident fee shall not exceed the amount that would be imposed on residents at comparable state or local public facilities. RCO 16-1860C Page 12 of 23 SECTION 21. ACKNOWLEDGMENT AND SIGNS A. Publications. The sponsor shall include language which acknowledges the funding contribution of the applicable grant program to this project in any release or other publication developed or modified for, or referring to, the project during the project period and in the future. B. Signs. The sponsor also shall post signs or other appropriate media during the period of performance and in the future at project entrances and other locations on the project which acknowledge the applicable grant program's funding contribution, unless exempted in the RCO policy or waived by the director. C. Ceremonies. The sponsor shall notify RCO no later than two weeks before a dedication ceremony for this project. The sponsor shall verbally acknowledge the applicable grant program's funding contribution at all dedication ceremonies. D. Federally Funded Projects. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing a project funded in whole or in part with federal money provided for in this grant, sponsors shall clearly state: 1. The fund source; 2. The percentage of the total costs of the project that is financed with federal money; 3. The dollar amount of federal funds for the project; and 4. The percentage and dollar amount of the total costs of the project that is financed by nongovernmental sources. SECTION 22. PROVISIONS APPLYING TO DEVELOPMENT, MAINTENANCE, RENOVATION, AND RESTORATION PROJECTS The following provisions shall be in force only if the project described in this Agreement is for construction of land or facilities in a development, maintenance, renovation or restoration project: A. Document Review and Approval. The sponsor agrees to submit one copy of all construction plans and specifications to RCO for review prior to implementation or as otherwise identified in the milestones. Review and approval by RCO will be for compliance with the terms of this Agreement. Only change orders that impact the amount of funding or changes to the scope of the project as described to and approved by the RCO must receive prior written approval. B. Control and Tenure. The sponsor must provide documentation that shows appropriate tenure (landowner agreement, long-term lease, easement, or fee simple ownership) for the land proposed for construction. The documentation must meet current RCO requirements identified in the appropriate grant program policy manual as of the effective date of this Agreement. C. Nondiscrimination. Except where a nondiscrimination clause required by a federal funding agency is used, the sponsor shall insert the following nondiscrimination clause in each contract for construction of this project: "During the performance of this contract, the contractor agrees to comply with all federal and state nondiscrimination laws, regulations and policies." D. Use of Best Management Practices. Sponsors are encouraged to use best management practices developed as part of the Washington State Aquatic Habitat Guidelines (AHG) Program. AHG documents include "Integrated Streambank Protection Guidelines', 2002; "Protecting Nearshore Habitat and Functions in Puget Sound", 2010; "Stream Habitat Restoration Guidelines", 2012; "Water Crossing Design Guidelines", 2013; and "Marine Shoreline Design Guidelines", 2014. These documents, along with new and updated guidance documents, and other information are available on the AHG Web site. Sponsors are also encouraged to use best management practices developed by the Washington Invasive Species Council (WISC) described in "Reducing Accidental Introductions of Invasive Species" which is available on the WISC Web site. SECTION 23. PROVISIONS APPLYING TO ACQUISITION PROJECTS The following provisions shall be in force only if the project described in this Agreement is an acquisition project: A. Evidence of Land Value. Before disbursement of funds by RCO as provided under this Agreement, the sponsor agrees to supply documentation acceptable to RCO that the cost of the property rights acquired has been established according to RCO policy. B. Evidence of Title. The sponsor agrees to provide documentation that shows the type of ownership interest for the property that has been acquired. This shall be done before any payment of financial assistance. C. Legal Description of Real Property Rights Acquired. The legal description of the real property rights purchased with funding assistance provided through this project Agreement (and protected by a recorded conveyance of rights to the State of Washington) shall be incorporated into the Agreement before final payment. D. Conveyance of Rights to the State of Washington. When real property rights (both fee simple and lesser interests) are acquired, the sponsor agrees to execute an appropriate document conveying certain rights and responsibilities to RCO, on behalf of the State of Washington. These documents include a Deed of Right, Assignment of Rights, Easements and/or Leases as described below. The sponsor agrees to use document language provided by RCO, to record the executed document in the County where the real property lies, and to provide a copy of the recorded document to RCO. The document required will vary depending on the project type, the real property rights being acquired and whether or not those rights are being acquired in perpetuity. 1. Deed of Right. The Deed of Right conveys to the people of the state of Washington the right to preserve, protect, and/or use the property for public purposes consistent with the fund source. Sponsors shall use this document when acquiring real property rights that include the underlying land. This document may also be applicable for those easements where the sponsor has acquired a perpetual easement for public purposes. RCO 16-1860C Page 13 of 23 2. Assignment of Rights. The Assignment of Rights document transfers certain rights such as access and enforcement to RCO. Sponsors shall use this document when an easement or lease is being acquired for habitat conservation or salmon recovery purposes. The Assignment of Rights requires the signature of the underlying landowner and must be incorporated by reference in the easement document. 3. Easements and Leases. The sponsor may incorporate required language from the Deed of Right or Assignment of Rights directly into the easement or lease document, thereby eliminating the requirement for a separate document. Language will depend on the situation; sponsor must obtain RCO approval on the draft language prior to executing the easement or lease. E. Real Property Acquisition and Relocation Assistance. 1. Federal Acquisition Policies. When federal funds are part of this Agreement, the sponsor agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 84 Stat. 1894 (1970)—Public Law 91-646, as amended by the Surface T ransportation and Uniform Relocation Assistance Act, PL 100-17-1987, and applicable regulations and procedures of the federal agency implementing that Act. 2. State Acquisition Policies. When state funds are part of this Agreement, the sponsor agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policy of the State of Washington, RCW 8.26, and WAC 468-100. 3. Housing and Relocation. In the event that housing and relocation costs, as required by federal law set out in subsection (1) above and/or state law set out in subsection (2) above, are involved in the execution of this project, the sponsor agrees to provide any housing and relocation assistance required. 4. Condemnation. Acquisition of real property through or as a direct result of condemnation is not eligible for funding in this Agreement. Acquisition of real property must be on a willing -seller basis. F. Buildings and Structures. In general, grant funds are to be used for outdoor recreation, habitat conservation, or salmon recovery. Sponsors agree to remove or demolish ineligible structures. Sponsors must consult RCO regarding compliance with Section 8.C.: Archaeological and Cultural Resources before structures are removed or demolished. G. Hazardous Substances. Certification. The sponsor shall inspect, investigate, and conduct an environmental audit of the proposed acquisition site for the presence of hazardous substances, as defined in RCW 70.105D.020(10), and certify: a. No hazardous substances were found on the site, or b. Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and federal laws, and the site deemed 'clean." 2. Responsibility. Nothing in this provision alters the sponsor's duties and liabilities regarding hazardous substances as set forth in RCW 70.105D. 3 Hold Harmless. The sponsor will defend, protect and hold harmless the RCO and any and all of its employees and/or agents, from and against any and al! liability, cost (including but not limited to all costs of defense and attorneys' fees) and any and all loss of any nature from any and all claims or suits resulting from the presence of, or the release or threatened release of, hazardous substances on the property the sponsor is acquiring. H. Requirements for Federal Subawards. The non -Federal entity (sponsor) must submit reports at least annually on the status of real property in which the Federal Government retains an interest, unless the Federal interest in the real property extends 15 years or longer. In those instances where the Federal interest attached is for a period of 15 years or more, the Federal awarding agency or the pass-through entity (RCO), at its option, may require the sponsor to report at various multi-year frequencies (e.g., every two years or every three years, not to exceed a five-year reporting period; or a Federal awarding agency or RCO may require annual reporting for the first three years of a Federal award and thereafter require reporting every five years) (2 C.F.R § 200.329 (2013)). SECTION 24. RESTRICTION ON CONVERSION OF REAL PROPERTYAND/OR FACILITIES TO OTHER USES A. Restriction on Conversion. The sponsor shall not at any time convert any real property (including any interest therein) acquired, or facility developed, maintained, renovated, and/or restored pursuant to this Agreement to uses other than those purposes for which funds were approved without prior approval of the RCO in compliance with applicable statutes, rules, and RCO policies. It is the intent of the RCO's conversion policy, current or as amended in the future, that all real properly acquired or any project facilities developed, maintained, renovated, and/or restored with funding assistance remain in the public domain in perpetuity unless otherwise identified in Section E: On-going Obligations or as approved by the RCO. B. Conversions Defined. A conversion occurs under any of the following circumstances: 1. Conveyance. Interests in real properly are conveyed for purposes inconsistent with the intent of the Agreement and the funding source. Interests in real property include, but are not limited to, options, rights of first refusal, conservation easements, leases, and mineral rights. 2. Use. Non -eligible uses (public or private) are made of the project area or a portion of the project area, 3. Eligibility. Non -eligible facilities are developed with the project area without prior approve of the RCO. 4. Termination of Use/Non-Conformance. The property acquired or the project developed or restored no longer meets or conforms to the purpose of this Agreement or the funding source. 5. PubliGAocess. Closure of public access sites is for longer than 180 consecutive days. RCO 16-1860C Page 14 of 23 C. Remedies for a Conversion. The RCO shall only approve a conversion when the sponsor has demonstrated the following: 1. All practical alternatives to the conversion have been evaluated and rejected; and 2. The sponsor agrees to replace the entire project area or the portion of the project area affected by the conversion and assume the obligations described in Section E: On-going Obligations on the replacement property or facilities. The replacement must: (a) Be of equivalent or greater usefulness and location as the original project in this Agreement; (b) Be managed by the sponsor unless otherwise approved by the RCO; (c) Be eligible to receive a grant from the source of funds from which this project was originally funded, unless otherwise authorized by RCO; (d) If an acquisition project, be interest in real property of at least equal market value and public benefit at the time of replacement; (e) If a development, renovation, or maintenance project, provide a facility of at least equal market value and public benefit as that which existed at the time of the original investment of RCO funds; and (f) If a restoration project, provide restoration activities necessary to replicate the ecological benefit intended by the project; and 3. Publish a notice of the proposed conversion and replacement and provide the public an opportunity to comment; D. Change of Use. When approved by RCO, certain activities within the eligible scope activities of this project may be removed from this Agreement without invoking a conversion. Removing activities is allowed when the RCO determines that the activities are not needed or cannot be retained due to one or more of the following conditions: 1. Obsolescence, 2. Extraordinary vandalism, 3. Acts of nature, 4. Designed useful service life expectancy reached, 5. Fire, 6. Property or property rights lost as a result of legal action, or 7. National Trails System Act reversion order. E. Documentation. Any conversion or change of use will be documented through a formal written amendment to this Agreement and signed by RCO and the sponsor. SECTION 25. CONSTRUCTION, OPERATION, USE AND MAINTENANCE OF ASSISTED PROJECTS The following provisions shall be in force only if the project described in this Agreement is an acquisition, development, maintenance, renovation or restoration project: A. Property and facility operation and maintenance. Sponsor must ensure that properties or facilities assisted with the RCO funds, including undeveloped sites, are built, operated, used, and maintained: 1. According to applicable federal, state, and local laws and regulations, including public health standards and building codes. 2. In a reasonably safe condition for the project's intended use. 3_ Throughout its estimated useful service life so as to prevent undue deterioration. 4. In compliance with all federal and state nondiscrimination laws, regulations and policies. B. Open to the public. Facilities open and accessible to the general public must: Be constructed and maintained to meet or exceed the minimum requirements of the most current local or state codes, Uniform Federal Accessibility Standards, guidelines, or rules, including but not limited to: the International Building Code, the Americans with Disabilities Act, and the Architectural Barriers Act, as updated. 2. Appear attractive and inviting to the public except for brief installation, construction, or maintenance periods. 3. Be available for use by the general public without reservation at reasonable hours and limes of the year, according to the type of area or facility. SECTION 26. PROVISIONS RELATED TO CORPORATE (INCLUDING NONPROFIT) SPONSORS A corporate sponsor, including any nonprofit sponsor, shall: A. Maintain corporate status with the state, including registering with the Washington Secretary of State's office, throughout the sponsor's obligation to the project as identified in the Agreement. B. Notify RCO prior to corporate dissolution at any time during the period of performance or long-term obligations. Within 30 days of dissolution, the sponsor shall name a qualified successor that will agree in writing to assume any on-going project responsibilities. A qualified successor is any party eligible to apply for funds in the subject grant program and capable of complying with the terns and conditions of this Agreement. RCO will process an amendment transferring the sponsor's obligation to the qualified successor if requirements are met. C. Sites or facilities open to the public may not require exclusive use, (e.g., members only). RCO 16-1860C Page 15 of 23 SECTION 27. PROVISIONS FOR FEDERAL SUBAWARDS ONLY The following provisions shall be in force only if the project described in this Agreement is funded with a federal subaward as identified in Section G: Federal Fund Information. A. Equal Employment Opportunity. Except as otherwise provided under 41 C.F.R. 60, all contracts that meet the definition of "federally assisted construction contract"in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60-1.4(b), in accordance with Executive Order 11246, 'Equal Employment Opportunity' (30 Fed. Reg. 12319, 12935, 3 C.F.R. 1964, 1965 Camp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 C.F.R. § 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." Federally assisted construction contract means any agreement or modification thereof between any applicant and a person for construction work which is paid for in whole or in part with funds obtained from the Government or borrowed on the credit of the Government pursuant to any Federal program involving a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, or any application or modification thereof approved by the Government for a grant, contract, loan, insurance, or guarantee under which the applicant itself participates in the construction work. (41 C.F.R. § 60-1.3) Construction work means the construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction. (41 C.F.R. § 60-1.3) B. Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non -Federal entities (sponsors) must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, 'Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction'. In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non -Federal entity (sponsor) must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non -Federal entity (sponsor) must report all suspected or reported violations to the Federal awarding agency identified in Section G: Federal Fund Information. The contracts must also include a provision for compliance with the Copeland 'Anti -Kickback" Act (40 U. S. C. 3145), as supplemented by Department of Labor regulations (29 C.F.R Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient (sponsor) must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non -Federal entity (sponsor) must report all suspected or reported violations to the Federal awarding agency identified in Section G: Federal Fund Information. C. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). 708). Where applicable, all contracts awarded by the non -Federal entity (sponsor) in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. D. Rights to Inventions Made Under a Contract or Agreement If the Federal award meets the definition of "funding agreement' under 37 C.F.R § 401.2(a) and the recipient or subrecipient (sponsor) wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that 'funding agreement," the recipient or subrecipient (sponsor) must comply with the requirements of 37 C.F.R Part 401, `Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. E. Clean Air Act (42 U.S.G. 7401-7671 q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as Amended. Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non -Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency identified in Section G: Federal Fund Information and the Regional Office of the Environmental Protection Agency (EPA). RCO 16-1860C Page 16 of 23 Byrd Anti -Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award_ Such disclosures are forwarded from tier to tier up to the non -Federal award. G. Procurement of Recovered Materials. A non -Federal entity (sponsor) that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of reoovered materials identified in the EPA guidelines. H. Required Insurance. The non -Federal entity (sponsor) must, at a minimum, provide the equivalent insurance coverage for real property and equipment acquired or improved with Federal funds as provided to property owned by the non -Federal entity. Federally -owned property need not be insured unless required by the terms and conditions of the Federal award (2 C.F.R § 200.310 (2013)). I. Debarment and Suspension (Executive Orders 12549 and 12689). The sponsor must not award a contract (see 2 C.F.R § 180.220) to parties listed on the government -wide exclusions in the System for Award Management (SAM), in accordance with the Office of Management and Budget (OMB) guidelines at 2 C.F.R § 180 that implement Executive Orders 12549 (3 C.F.R part 1986 Comp., p. 189) and 12689 (3 C.F.R part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SECTION 28. PROVISIONS FOR ESTUARY AND SALMON RESTORATION PROGRAM PROJECTS ONLY The following provisions shall be in force only if the project described in this Agreement is funded from the Estuary and Salmon Restoration Program or the Marine Shoreline Protection program. The sponsor shall comply with all applicable federal, State, and local laws, rules, and regulations in carrying out the terms and conditions of this Agreement. A. Administrative Conditions 1. Cost Principles. The sponsor agrees to comply with the cost principles of 2 C.F.R Part 200 (2013). Unless otherwise indicated, the Cost Principles apply to the use of fiords provided under this Agreement and In-kind matching donations. The applicability of the Cost Principles depends on the type of organization incurring the costs. 2. Audit Requirements. The sponsor shall fully comply with requirements of 2 C.F.R. Part 200, Subpart F- Audit Requirements (2013), if applicable. See also Section F. Project Funding Amount. 3. Hotel -Motel Fire Safety Act. Pursuant to 40 G.F.R. 30.18, if applicable, and 15 U.S.0 2225a, sponsor agrees to ensure that all space for conferences, meetings, conventions, or training seminars funded in whole or in part with federal funds complies with the protection and control guidelines of the Hotel and Motel Fire Safety Act (PL 101-391, as amended. The sponsor may search the Hotel -Motel National Master List at: hftp:/Avww.usfa.dhs.gov/applications/hotel to see if a property is in compliance (FEMA ID is currently not required), or to find other information about the Act. 4. Recycled Paper Institutions of Higher Education Hospitals and Non -Profit Organizations. In accordance with 40 C.F.R. 30.16, sponsor agrees to use recycled paper and double -sided printing for all reports which are prepared as a part of this Agreement and delivered to EPA. This requirement does not apply to reports prepared on forms supplied by EPA, or to Standard Forms, which are printed on recycled paper and are available through the General Services Administration. State Agencies and Political Subdivisions. In accordance with Section 6002 of the Resource Conservation and Recovery Act (RCRA) (42 U.S.C. 6962) any State agency or agency of a political subdivision of a State which is using appropriated Federal funds shall comply with the requirements set forth. Regulations issued under RCRA Section 6002 apply to any acquisition of an item where the purchase price exceeds $10,000 or where the quantity of such items acquired in the course of the preceding fiscal year was $10,000 or more. RCRA Section 6002 requires that preference be given in procurement programs to the purchases of specific products containing recycled materials identified in guidelines developed by EPA. These guidelines are listed in 40 C.F.R. 247. State and Local Institutions of Higher Education and Non -Profit Organizations. In accordance with 40 C.F.R. § 30.16, State and local institutions of higher education, hospitals, and non-profit organizations that receive direct Federal funds shall give preference in their procurement programs funded with Federal funds to the purchase of recycled products pursuant to EPA's guidelines. RCO 16-18600 Page 17 of 23 d. State Tribal and Local Government Recipients. In accordance with the policies set forth in EPA Order 1000.25 and Executive Order 13423, Strengthening Federal Environmental, Energy and Transportation Management (January 24, 2007), the sponsor agrees to use recycled paper and double sided printing for all reports which are prepared a part of this Agreement and delivered to EPA. This requirement does not apply to reports prepared on forms supplied by EPA, or to Standard Forms, which are printed on recycled paper and are available through the General Services Administration. 5. Lobbying. The sponsor agrees to comply with Title 40 C.F.R. Part 34, New Restrictions on Lobbying. The sponsor shall include the language of this provision in award documents for all sub -awards exceeding $100,000, and require that sub-awardees submit certification and disclosure forms accordingiy. In accordance with the Byrd Anti -Lobbying Amendment, any recipient who makes a prohibited expenditure under Title 40 G.F.R. Part 34 or fails to file the required certification or lobbying forms shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each expenditure. See also Section 11: Compliance with Applicable Federal Laws. a. Part 30 Recipients. Ail contracts awarded by the sponsor shall contain, when applicable, the anti -lobbying provisions as stipulated in the Appendix at Title 40 CFR Part 30. Pursuant to Section 18 of the Lobbying Disclosure Act, the sponsor affirms that it is not a non-profit organization described in Section 501(c)(4) of the Internal Revenue Code of 1986; or that it is a non-profit organization described in Section 501(c)(4) of the Code but does not and will not engage in lobbying activities as defined in Section 3 of the Lobbying Disclosure Act. b. Lobbying and Litigation. The sponsor's chief executive officer shall ensure that no grant funds awarded under this Agreement are used to engage in lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. The sponsor shall abide by its respective Appendix in 2 C.F.R. Part 200, which prohibits the use of Federal grant funds for litigation against the United States or for lobbying or other political activities. 6. Suspension and Debarment. The sponsor shall fully comply with Subpart C of 2 C.F.R. Part 180 and 2 C.F. R. Part 1532, entitled 'Responsibilities of Participants Regarding Transaction (Doing Business with Other Persons)'. The sponsor is responsible for ensuring that any lower tier covered transaction as described in Subpart B of 2 C.F.R. Part 180 and 2 C.F.R. Part 1532, entitled `Covered Transactions', includes a term or condition requiring compliance with Subpart C. The sponsor is responsible for further requiring the inclusion of a similar term or condition in any subsequent lower tier covered transactions. The sponsor acknowledges that failing to disclose the information as required at 2 C.F.R. § 180.335 may result in the delay or negation of this assistance agreement, or pursuance of legal remedies, including suspension and debarment. The sponsor may access the Excluded Parties List System at: http://www.epis.gov. This term and condition supersedes EPA Form 5700-49, 'Certification Regarding Debarment, Suspension, and Other Responsibility Matters'. See also Section 27: Provisions for Federal Subawards Only. 7. Drug -Free Workplace Certification. The sponsor must make an ongoing, good faith effort to maintain a drug-free workplace pursuant to the specific requirements set forth in 2 C.F.R. Part 1536 Subpart B. Additionally, in accordance with these regulations, the sponsor must identify all known workplaces under its federal award; and keep this information on file during the performance of the award. a. Sponsors who are individuals must comply with the drug-free provisions set forth in 2 C.F.R. Part 1536 Subpart C. b. The consequences for violating this condition are detailed under 2 C.F.R. Part 1536 Subpart E. The sponsor can access 2 C.F.R Part 1536 at hftp://ecfr.gpoaccess.gov. 8. Management Fees. Management fees or similar charges in excess of the direct costs and approved indirect rates are not allowable. The term "management fees or similar charges' refers to expenses added to the direct costs in order to accumulate and reserve funds for ongoing business expenses, unforeseen liabilities, or for other similar costs which are not allowable under this assistance agreement. Management fees or similar charges may not be used to improve or expand the project funded under this Agreement, except to the extent authorized as a direct cost of carrying out the scope of work. 9. Reimbursement Limitation. If the sponsor expends more than the grant amount in this Agreement in its approved budget in anticipation of receiving additional funds, it does so at its own risk. The Federal Government and RCO is not legally obligated to reimburse the sponsor for costs incurred in excess of the approved budget. See also Section 11: Project Reimbursements. 10. Trafficking in Persons. The following prohibition statement applies to the sponsor, and all sub-awardees of the sponsor. The sponsor must include this statement in all sub -awards made to any private entity under this Agreement. "YOU AS THE SUB -RECIPIENT, YOUR EMPLOYEES, SUB-AWARDEES UNDER THIS AWARD, AND SUB-AWARDEES' EMPLOYEES MAY NOT ENGAGE IN SEVERE FORMS OF TRAFFICKING IN PERSONS DURING THE PERIOD OF TIME THAT THE AWARD IS IN EFFECT; PROCURE A COMMERC;AL SEX ACT DURING THE PERIOD OF TIME THAT THE AWARD IS IN EFFECT; OR USE FORCED LABOR IN THE PERFORMANCE OF THE AWARD OR SUB -AWARDS UNDER THIS AWARD." 11. DUNS and CCR Requirements. Unless otherwise exempted from this requirement under 2 C.F.R. § 25.110, the sponsor must maintain the currency of its information in the Central Contractor Registry (CCR) until submission of its final financial report required under this Agreement or receive the final payment, whichever is later. The sponsor may not make a sub -award to any entity unless the entity has provided its DUNS number to the sponsor. RCO 16-1860C Page 18 of 23 12. FY2011 ACORN Funding Restriction. No funds provided under this Agreement may be used for sub-awards/sub-grants or contracts to the Association of Community Organizations for Reform NOW (ACORN) or any of its subsidiaries. 13. Disadvantaged Business Enterprise Requirements, General Compliance. The sponsor agrees to comply with the requirements of EPAs Program for Utilization of Small, Minority and Women's Business Enterprises in procurement under assistance agreements, contained in 40 C.F.R. Part 33. 14. Sub -Awards. If the sponsor makes sub -awards under this Agreement, the sponsor is responsible for selecting its sub-awardees and, if applicable, for conducting sub -award competitions. The sponsor agrees to: a. Establish all sub -award agreements in writing; b. Maintain primary responsibility for ensuring successful completion of the approved project (SPONSORS CANNOT DELEGATE OR TRANSFER THIS RESPONSIBILITY TO A SUB-AWARDEE); C. Ensure that any sub -awards comply with the standards in 2 C.F.R. Part 200, and are not used to acquire commercial goods or services for the sub-awardee; d. Ensure that any sub -awards to 501(c)(4) organizations do not involve lobbying activities; e. Monitor the performance of sub-awardees, and ensure sub-awardees comply with all applicable regulations, statutes, and terms and conditions which flow down in the sub -award; f. Obtain RCO's consent before making a sub -award to a foreign or international organization, or a sub -award to be perforrned in a foreign country; and g. Obtain approval from RCO for any new sub -award work that is not outlined in the approved work plan in accordance with 40 C.F.R. Parts 30.25 and 31.30, as applicable. 15. Federal Employees. No Subcontract or grant funds may be used to provide any Federal Employee transportation assistance, reimbursement, and any other expense. 16. Fly America Act. The sponsor agrees to comply with 49 U.S.C. 40118 (the "Fly America" act) in accordance with the General Services Administration's regulations at 41 C.F.R. Part 301-10, which provide that recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S. Government -financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The sponsor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The sponsor agrees to include the requirements of this section in all subcontracts that may involve international air transportation. 17. Recovered Materials. The sponsor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S. C. 6962), including but not limited to the regulatory provisions of 40 C.F.R. Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 C.F.R. Part 247. See also Section 27: Provisions for Federal Subawards Only. 18. Copeland "Anti -Kickback" Act All contracts and subgrants in excess of $2,000 for construction or repair awarded by recipients and subrecipients shall include a provision for compliance with the Copeland "Anti -Kickback" Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 C,F,R, Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to the Federal awarding agency. See also Section 27: Provisions for Federal Subawards Only. 19. Davis -Bacon Act, as amended (40 U.S.C. 276a to a-7). When required by Federal program legislation, all construction contracts awarded by the recipients and subrecipients of more than $2,000 shall include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 276a to a-7) and as supplemented by Department of Labor regulations (29 C.F.R. Part 5, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction"). Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rale not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported violations to the Federal awarding agency. See also Section 27: Provisions for Federal Subawards Only. RCO 16-1860C Page 19 of 23 20. Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333). Where applicable, all contracts awarded by recipients in excess of $2000 for construction contracts and in excess of $2,500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), as supplemented by Department of Labor regulations (29 C.F.R. Part 5). Under Section 102 of the Act, each contractor shalt be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than 1 112 times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. See also Section 27: Provisions for Federal Subawards Only. 21. Rights to Inventions Made Under a Contractor Agreement. Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 C.F.R. Part 401, "Rights to Inventions made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. See also Section 27: Provisions for Federal Subawards Only. 22. PY12 APPR ACT: Unpaid Federal Tax liabilities and Federal Felony Convictions. This Agreement is subject to the provisions contained in the Department of Interior, Environment, and Related Agencies Appropriations Act, 2012, HR 2055, Division E, Sections 433 and 434 regarding unpaid federal tax liabilities and federal felony convictions. Accordingly, by accepting this award the recipient acknowledges that it (1) is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and (2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal conviction under and Federal law within 24 months preceding the award, unless EPA has considered suspension or debarment of the corporation, or such officer or agent, based on these tax liabilities or convictions and determined that such action is not necessary to such action is not necessary to protect the Government's interests. If the recipient fails to comply with these provisions, EPA wil I annul this agreement and may recover any funds the recipient has expended in violation of sections 433 and 434. B. Programmatic Conditions: Semi -Annual Financial and Ecosystem Accounting Tracking System (FEATS) Performance Reports. The sponsor is required to submit performance reports every six months, unless a different reporting frequency is outlined in the Scope of Work, using the reporting tool supplied by RCO. The sponsor agrees to include brief information on each of the following areas: (a) Comparison of actual accomplishments to the outputsloutcomes established in the assistance agreement work plan for the period; (b) The reasons for slippages if established outputsloutcomes were not met; AND (c) Additional pertinent information, including when appropriate, analysis and information of cost overruns or high unit costs. Reporting periods are from October 1 to March 31 and April 1 to September 30. Performance reports are due to RCO 15 calendar days after the end of each reporting period. 2. Final Performance Report. In addition to the periodic performance reports, the sub -recipient will submit a final performance report to RCO within 60 calendar days after the expiration or termination of the award. The report shall be submitted to the RCO Grant Manager and must be provided electronically. The report shall generally contain the same information as in the periodic reports, but should cover the entire project period. 3. Recognition of EPA Funding. Reports, documents, signage, videos, or other media, developed as part of projects funded by this Agreement shall contain the following statement: "THIS PROJECT HAS BEEN FUNDED WHOLLY OR IN PART BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY UNDER ASSISTANCE AGREEMENT [EPA agreement number] TO WASHINGTON DEPARTMENT OF FISH AND WILDLIFE. THE CONTENTS OF THIS DOCUMENT DO NOT NECESSARILY REFLECT THE VIEWS AND POLICIES OF THE ENVIRONMENTAL PROTECTION AGENCY, NOR DOES MENTION OF TRADE NAMES OR COMMERCIAL PRODUCTS CONSTITUTE ENDORSEMENT OR RECOMMENDATION FOR USE." 4. Copyrighted Material. EPA has the right to reproduce, publish, use, and authorize others to use copyrighted works or other data developed under this assistance agreement for Federal purposes. RCO acknowledges that EPA may authorize another grantee to use copyrighted works or other data developed under this Agreement as a result of. a) the selection of another grantee by EPA to perform a project that will involve the use of the copyrighted works or other data or; b) termination or expiration of this agreement. 5. Peer Review. The results of this project may affect management decisions relating to Puget Sound. Prior to finalizing any significant technical products, the Principal Investigator (PI) of this project must solicit advice, review and feedback from a technical review or advisory group consisting of relevant subject matter specialists. A record of comments and a brief description of how respective comments are addressed by the PI will be provided to the RCO Grants Manager prior to releasing any final reports or products resulting from the funded study. RCO 16-1860C Page 20 of 23 Quality Assurance Requirements. Acceptable Quality Assurance documentation must be submitted to the Grant Program within 30 days of acceptance of this agreement or another date as negotiated with the RCO Grants Manager. The National Estuary Program (NEP) Quality Coordinator supports quality assurance for EPA -funded NEP projects. No work involving direct measurements or data generation, environmental modeling, compilation of data from literature or eiectronic media, and data supporting the design, construction, and operation of environmental technology shall be initiated under an agreement until RCO or the NEP Quality Coordinator has approved the quality assurance document. The sponsor will submit all Quality Assurance documentation to the following address. Please copy the Grant Program on all correspondence with the NEP Quality Coordinator: Thomas H. Gries, NEP Quality Coordinator Department of Ecology Tgr460@ecy.wa.gov 360.407.6327, Environmental Data and Information Technology. Sub -recipients are required to institute standardized reporting requirements into their work plans and include such costs in their budgets. All environmental data will be required to be entered into the EPA's Storage and Retrieval data system (STORET). The best method (local or state consolidated) for reporting will be determined on a project -by -project basis between the DFW grant manager and sub -recipient. More information about STORET can be found at http:llwww.epa.gov/STORET. SECTION 29. ORDER OF PRECEDENCE This Agreement is entered into, pursuant to, and under the authority granted by applicable federal and state laws. The provisions of the Agreement shall be construed to conform to those laws. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute, rule, or policy or procedure, the inconsistency shall be resolved by giving precedence in the following order: A_ Federal law and binding executive orders; B. Code of federal regulations; C. Terms and conditions of a grant awared to the state from the federal government; D. Federal grant program policies and procedures adopted by a federal agency; E. State law; F. Washington Administrative Code; G. Project Agreement; H. The RCO policies and procedures. SECTION 30. LIMITATION OF AUTHORITY Only RCO or RCO's delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Agreement. Furthermore, any alteration, amendment, modification, or waiver of any clause or condition of this Agreement is not effective or binding unless made in writing and signed by RCO. SECTION 31. WAIVER OF DEFAULT Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such in writing, signed by the director, or the director's designee, and attached to the original Agreement. SECTION 32. APPLICATION REPRESENTATIONS -- MISREPRESENTATIONS OR INACCURACY DR BREACH The RCO rely on the sponsor's application in making its determinations as to eligibility for, selection for, and scope of, funding grants. Any misrepresentation, error or inaccuracy in any part of the application may be deemed a breach of this Agreement. SECTION 33, SPECIFIC PERFORMANCE The RCO may enforce this Agreement by the remedy of specific performance, which usually will mean completion of the project as described in this Agreement. However, the remedy of specific performance shall not be the sole or exclusive remedy available to RCO. No remedy available to the RCO shall be deemed exclusive. The RCO may elect to exercise any, a combination of, or all of the remedies available to it under this Agreement, or under any provision of law, common law, or equity. SECTION 34. TERMINATION The RCO will require strict compliance by the sponsor with all the terms of this Agreement including, but not limited to, the requirements of the applicable statutes, rules and all the RCO policies, and with the representations of the sponsor in its application for a grant as finally approved by the RCO. For federal awards, notification of termination will comply with 2 C.F.R. § 200.340. A. For Cause. The director may suspend or terminate the obligation to provide funding to the sponsor under this Agreement: In the event of any breach by the sponsor of any of the sponsor's obligations under this Agreement; or If the sponsor fails to make progress satisfactory to the director toward completion of the project by the completion date set out in this Agreement. Included in progress is adherence to milestones and other defined deadlines In the event this Agreement is terminated by the director, under this section or any other section after any portion of the grant amount has been paid to the sponsor under this Agreement, the director may require that any amount paid be repaid to RCO for redeposit into the account from which the funds were derived. RCO 16-1860C Page 21 of 23 B. Non Availability of Funds. The obligation of the RCO to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment. If amounts sufficient to fund the grant made under this Agreement are not appropriated to RCO for expenditure for this Agreement in any biennial fiscal period, RCO shall not be obligated to pay any remaining unpaid portion of this grant unless and until the necessary action by the Legislature or the Office of Financial Management occurs. If RCO participation is suspended under this section for a continuous period of one year, RCO's obligation to provide any future funding under this Agreement shall terminate. Termination of the Agreement under this section is not subject to appeal by the sponsor. C. For Convenience. Except as otherwise provided in this Agreement, RCO may, by ten (10) days written notice, beginning on the second day after the mailing, terminate this Agreement, in whole or in part. If this Agreement is so terminated, RCO shall be liable only for payment required under the terms of this Agreement for services rendered or goods delivered prior to the effective date of termination. SECTION 36. DISPUTE HEARING Except as may otherwise be provided in this Agreement, when a dispute arises between the sponsor and the RCO, which cannot be resolved, either party may request a dispute hearing according to the process set out in this section. Either party's request for a dispute hearing must be in writing and clearly state: A. The disputed issues; B. The relative positions of the Parties; C. The sponsor's name, address, project title, and the assigned project number. In order for this section to apply to the resolution of any specific dispute or disputes, the other party must agree in writing that the procedure under this section shall be used to resolve those specific issues. The dispute shall be heard by a panel of three persons consisting of one person chosen by the sponsor, one person chosen by the director, and a third person chosen by the two persons initially appointed. If a third person cannot be agreed on, the third person shall be chosen by the director. Any hearing under this section shall be informal, with the specific processes to be determined by the disputes panel according to the nature and complexity of the issues involved. The process may be solely based on written material if the Parties so agree. The disputes panel shall be governed by the provisions of this Agreement in deciding the disputes. The Parties shall be bound by the decision of the disputes panel, unless the remedy directed by that panel shall be without the authority of an affected Party to perform, as necessary, or is otherwise unlawful. Request for a disputes hearing under this section by either party shall be delivered or mailed to the other party. The request shall be delivered or mailed within thirty (30) days of the date the requesting party has received notice of the action or position of the other party which it wishes to dispute. The written Agreement to use the process under this section for resolution of those issues shall be delivered or mailed by the receiving party to the requesting party within thirty (30) days of receipt by the receiving party of the request. All costs associated with the implementation of this process shall be shared equally by the Parties. SECTION 36. ATTORNEYS' FEES In the event of litigation or other action brought to enforce contract terns, each party agrees to bear its own attorney fees and costs. SECTION 37. GOVERNING LAWlVENUE This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. in the event of a lawsuit involving this Agreement, venue shall be in Thurston County Superior Court if legally proper, otherwise, venue shall be in a county where the project is situated. The sponsor, by execution of this Agreement acknowledges the jurisdiction of the courts of the State of Washington. SECTION 38. PROVISIONS APPLICABLE ONLY IF FEDERALLY RECOGNIZED INDIAN TRIBE IS THE SPONSOR In the cases where this Agreement is between the RCO (State) and a federally recognized Indian Tribe, the following governing law/venue applies, but only between those Parties: A. Notwithstanding the above venue provision, if the State of Washington intends to initiate a lawsuit against a federally recognized Indian tribe relating to the performance, breach or enforcement of this Agreement, it shall so notify the Tribe. If the Tribe believes that a good faith basis exists for subject matter jurisdiction of such a lawsuit in federal court, the Tribe shall so notify the State within five days of receipt of such notice and state the basis for such jurisdiction. If the Tribe so notifies the State, the State shall bring such lawsuit in federal court, otherwise the State may sue the Tribe in the Thurston County Superior Court. Interpretation of the Agreement shall be according to applicable State law, except to the extent preempted by federal law. In the event suit is brought in federal court and the federal court determines that it lacks subject matter jurisdiction to resolve the dispute between the State and Tribal Party, then the Parties agree to venue in Thurston County Superior Court. B. Any judicial award, determination, order, decree or other relief, whether in law or equity or otherwise, resulting from such a lawsuit shall be binding and enforceable on the Parties. Any money judgment or award against a Tribe, tribal officers, employees, and members, or the State of Washington and its officers and employees may exceed the amount provided for in Section F: Project Funding Amount of the Agreement in order to satisfy the judgment. RCO 16-1860C Page 22 of 23 C. The Tribe hereby waives its sovereign immunity for suit in federal and state court for the limited purpose of allowing the State to bring such actions as it determines necessary to give effect to this section and to the enforcement of any judgment relating to the performance, or breach of this Agreement. This waiver is not for the benefit of any third party and shall not be enforceable by any third party or by any assignee of the Parties. In any enforcement action, the Parties shall bear their own enforcement costs, including attorneys' fees. For purposes of this provision, the State includes the RCO and any other state agencies that may be assigned or otherwise obtain the right of the RCO to enforce this Agreement. SECTION 39. SEVERABILITY The provisions of this Agreement are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Agreement. RCO 16-1860C Page 23 of 23 Legal Description Project Sponsor: Kittitas County Public Works Project Number: 16-1860 C Project Title: Ringer Loop Acquisitions and Design RCO Approval: 07/01/2016 Worksite Name Property Name Legal Description Worksite #1 Ringer Loop Papineau The legal description of the property purchased with funding assistance provided through this Project Agreement (and protected by a recorded Deed of Right or Assignment of Rights) shall be amended into the Project Agreement prior to reimbursement of the final payment. Stalder/Sparks The legal description of the property purchased with funding assistance provided through this Project Agreement (and protected by a recorded Deed of Right or Assignment of Rights) shall be amended into the Project Agreement prior to reimbursement of the final payment. Stroh - Left Sank The legal description of the property purchased with funding assistance provided through this Project Agreement (and protected by a recorded Deed of Right or Assignment of Rights) shall be amended into the Project Agreement prior to reimbursement of the final payment. Stroh - Right Bank The legal description of the property purchased with funding assistance provided through this Project Agreement (and protected by a recorded Deed of Right or Assignment of Rights) shall be amended into the Project Agreement prior to reimbursement of the final payment. LEGALDSCAPT July 8, 2016 Page 1 Eligible Scope Activities Project Sponsor: Kittitas County Public Works Project Number: 16-1860 Project Title: Ringer Loop Acquisitions and Design Project Type: Planning & Acquisition Program: General Habitat State Project Approval: 7/1/2016 Acquisition Metrics Property: Papineau (Worksite #1, Ringer Loop) Real Property Acquisition Land Acres by Acreage Type (fee simple): Riparian 40.00 Existing structures on site: No structures on site Incidentals Appraisal Appraisal Review Closing, Recording, Taxes, Title Cultural resources (Acq) Environmental Audits Stewardship plan Survey (Acq) Administrative Costs (Acq) Administrative costs (Acq) Property: Stroh (Worksite #1, Ringer Loop) Real Property Acquisition Easement Easement type : Habitat Conservation Acres by Acreage Type (easement): Riparian 60.00 Right bank parcel Land Acres by Acreage Type (fee simple): Riparian 20.00 Left bank parcel Existing structures on site: No structures on site Incidentals Appraisal Appraisal Review Baseline Documentation Closing, Recording, Taxes, Title Cultural resources (Acq) Environmental Audits Stewardship plan Survey (Acq) Administrative Costs (Acq) Administrative costs (Acq) Planning Metrics Worksite #1, Ringer Loop ELIGREIM.RPT August 15, 2016 Page: Eligible Scope Activities Targeted salmonid ESU/DPS (A.23): Chinook Salmon -Middle Columbia River spring -run ESU, Chinook Salmon -unidentified ESU, Chinook Salmon -Upper Columbia River summer/fall-run ESU, Steel head -Middle Columbia River DPS, Steel head[Trout-unidentified DPS Targeted species (non -ESU species): Cutthroat Area Encompassed (acres) (B.O.b.1): 50.0 including 60 acres of Stroh Property for design and 20 acres of S#alder/Sparks for appraisal. Miles of Stream Affected (B.O.b.2): 1.09 Miles Of Stream Treated/Protected (C.O.b): 1.09 Project Identified In a Plan or Watershed Assessment (C.0.c): Watershed Science and Engineering, Inc. and Herrera Environmental Consultants, Inc. 2015. Yakima River Jeffries Levee to Yakima Canyon Habitat Enhancement and Flood Risk Management Plan. Prepared for Kittitas County Flood Control Zone District, Ellensburg, WA. Type Of Monitoring (C.O.d.1): None Design for Salmon restoration Preliminary design Name of the Plan: Watershed Science & Engineering, Inc. and Herrera Environmental Consultants, Inc. 2015.Yakima River Jeffries Levee to Yakima Canyon Habitat Enhancement and Flood Risk Management Plan. Prepared for Kittitas Cc Flood Control Zone District, Ellensburg. Description of the Plan: Identified as an "immediate project" in the Yakima River Corridor Plan, Section 4.1.2.1. The plan developed a focused strategy and a list of viable projects and management actions that can be cooperatively implemented to improve aquatic habitat and manage flood risk over the next 50 years. Name and Description of Plan: Preliminary design for habitat enhancement on a 60 acre property along the Yakima River. ELIGREIM.RPT August 15, 2016 Page: Eligible Scope Activities Restoration Planning And Coordination Project Conducting habitat restoration scoping and feasibility studies (B.7.b.8) Project Identified in a Plan or Watershed Assessment (13.1.b.8.a): Description of the Plan (13.1.b.8.b): Name and Description of Plan: Watershed Science & Engineering, Inc. and Herrera Environmental Consultants, Inc. 2015.Yakima River Jeffries Levee to Yakima Canyon Habitat Enhancement and Flood Risk Management Plan. Prepared for Kittitas Co Flood Control Zone District, Ellensburg. Identified as an "immediate project" in the Yakima River Corridor Plan, Section 4.1.2.1. The plan developed a focused strategy and a list of viable projects and management actions that can be cooperatively implemented to improve aquatic habitat and manage flood risk over the next 50 years. appraisal on 20 acres of Property 4 (Stalder/Sparks) ELIGREIM.RPT August 15, 2016 Page: Milestone Report By Project Project Number: 16-1860 C Project Name: Ringer Loop Acquisitions and Design Sponsor: Kittitas County Public Works 1MILESTO.RPT Julv 08, 2016 Page: Project Start 02/29/2016 OrderAppraisal(s) 0311512016 Papineau Property Order Appraisal (s) 03/15/2016 Stroh Left Bank Property (#2) Order Appraisal (s) 03/15/2016 Stroh Right Bank Properly (#3) Final Report in PRISM 06/01/2016 i Order Appraisal Review(s) 07/31/2016 Papineau Property t Order Appraisal Review(s) 07/31/2016 Stroh Left Bank Property (#2) I Order Appraisal Review(s) 07/31/2016 Stroh Right Bank Property (#3) Order Appraisal(s) 07/31/2016 Stalder/Sparks Special Conditions Met 07131/2016 Before any reimbursement is made, the sponsor must submit the preliminary title report for the subject property within the scope of work approved in this Project Agreement, I Annual Project Billing 08/31/2016 Back-up documentation is required with every billing Draft Plan to RCO 08/31/2016 Stroh Right Bank Property (#3)- Draft Easement to RCO for review Environmental Assess Complete 09/30/2016 Papineau Property Progress Report Submitted 09/30/2016 Environmental Assess Complete 09/30/2016 Stroh Left Bank Property (#2) Baseline Documentation to RCO 09/30/2016 Stroh Right Bank Property (#3) Environmental Assess Complete 09/30/2016 Stroh Right Bank Property (#3) Data Gathering Started 09/30/2016 for design on Stroh Property, ! Purchase Agreement Signed 10/31/2016 Papineau Property t Purchase Agreement Signed 10/31/2016 Stroh Left Bank Property (#2) I Purchase Agreement Signed 10/31/2016 Stroh Right Bank Property (#3) Funding Acknowl Sign Posted 11/15/2016 Draft Design to RCO 11/30/2016 Submit concept design for Stroh Property for RCO review i Progress Report Submitted 12/31/2016 Acquisition Closing 12/3112016 Papineau Property Acquisition Closing 12/31/2016 Stroh Left Bank Property (#2) 1MILESTO.RPT Julv 08, 2016 Page: Milestone Report By Project X = Milestone Complete ! = Critical Milestone 11MILESTO.RPT July 08, 2016 Page: Acquisition Closing 12131(2016 Stroh Right Bank Property (#3) Recorded Land Survey to RCO 01/15/2017 Papineau Property Recorded Land Survey to RCO 01/15/2017 Stroh Left Bank Property (#2) Recorded Land Survey to RCO 01/15/2017 Stroh Right Bank Property (#3) I Preliminary Design to RCO 01/31/2017 For Stroh Property, as described in RCO Manual 18 Appendix D-2 and agreement special conditions (Preliminary Design Report, Drawings, and Engineering Cost Estimate attached in PRISM) Recorded Acq Documents to RCO 02/01/2017 Papineau Property Recorded Acq Documents to RCO 02/01/2017 Stroh Left Bank Property (#2) Recorded Acq Documents to RCO 02/01/2017 Stroh Right Bank Property (#3) I Cultural Resources Complete 02/14/2017 for future ground disturbance or structure demotiion Stewardship Plan to RCO 02/15/2017 Applied for Permits 03/15/2017 Progress Report Submitted 03/31/2017 i Agreement End Date 06/01/2017 PROJECT CLOSING. All expenditures must be prior to this date. Final Billing to RCO 06/15/2017 Progress Report Submitted 06130/2017 X = Milestone Complete ! = Critical Milestone 11MILESTO.RPT July 08, 2016 Page: KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: TOPIC: ACTION REQUESTED: LEAD STAFF: Mark R. Cook August 22, 2016 One Time Applied Savings Authorize Acquisition of Two Pickups and Five Laptop Computers RECOMMENDATION: Authorize the Director to purchase two new pickups from state contract and five laptop computers through the IT Department. BACKGROUND: During fiscal year 2016, Public Works operated the first six months of the year with numerous vacancies in staff and management positions. The Board of County Commissioners (Board) authorized consultant support services expediting floodplain permit review. Two firms were tasked with support: Cardno ($12,206.38) and Jacobs ($8,679.39). Several management positions have been hired since June 2016. Several of the positions resulted in placement into the salary range beyond levels forecast in Public Works 2016 budget. Recently, Public Works has added an Engineering Technician II and a Construction Manager. We are nearing the end of the 2016 construction season and have scheduled a busy September and October. All administrative vehicles are being utilized and we are short two inspection vehicles. We are covering construction projects from Via Kachess to Badger Pocket. DISCUSSION: Rental of two inspection vehicles for a two month period is anticipated to cost approximately $2,328.99 per month per vehicle for a total estimated cost of $4,657.98. Vehicles are currently available from state contract. Purchasing vehicles now offsets impacts to the Equipment Rental and Replacement fund 2017 budget. FISCAL_ IMPACTS: Salary savings to date total $440,205.41 (Exhibit 1 attached). Accounting for the additional cost of consultant services (Cardno and Jacobs) we estimate Page 'I of 3 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT approximately $419,000 in retained earnings from salaries. We are forecasting approximately $45,000 in added salary expense (through December 2016) from placement of employees into salary ranges. An added expense results from recent compensation of the Director adding approximately $3,600 in salary expense. The salary actions are anticipated to further reduce retained one time savings (2016) to approximately $400,000. We anticipate spending approximately $29,000 in base model pickups with hands free and heated mirrors ($1,500). Radios and light packages with tool boxes and temperature sensors at $7,500. The total package cost is $38,000 X two ($76,000). Laptop computers for the inspection corps are estimated as being approximately $4,000/each (ruggedized) not fully rugged. We are requesting a total of five for an estimated total of $20,000. Public Works is requesting authorization to spend approximately $100,000 of one time retained earnings from salaries. This enables Public Works to carry approximately $300,000 in savings as reserve in the 2017 budget. 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Cali for bids are advertised in the legal newspaper and bid packets are sent out to all local businesses in order to provide equal opportunity. Bids are scheduled to be opened on September 7, 2018 at 10:00 am in the Public Works Department. INTERACTION: Public Works RECOMMENDATION: Move to approve Notice of Call for Bids to furnish Liquid Asphalt Materials for 2015 and direct staff to advertise as requested. HANDLING: Retum one (1) copy to Public Works ATTACHMENTS: Specifications LEAD STAFF- Mark Cook Public Works Director 4 KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS REOUEST FOR. BIDS4.47 L t? I PRODUCT: LIQUID ASPHALT MATERIALS FOR YEAR: 2016 ' �... » r? �'0 IL 6 @ "10 m 0 0 AM RETURN BID PROPOSALS TO: KITTITAS COUNTY PUBLIC WORKS 411 N. RUBY, STE. *1 ELLENSBURG, WA 98426 (509) 962-7523 X0777TAS COUNTY BID PROPOSAL WOTICE OF CALL FOR BID KITTITAS COUNTY STATE OF WASHINGTON LIQUID ASPHALT BID DELIVERY OF BID PROPOSALS: Sealed bids will be received at the following location: Kittitas County Public Works Dept. 411 N. Ruby, Suite #1 Ellensburg, WA 98925 Phone: (509) 962-7523 Bids will be received until 10:00 a.m. September r, 2016, and thereafter will be opened publicly and read aloud. Each proposal shall be completely sealed in a separate envelope, addressed to Kittitas County Department of Public Works. The name of the project for the bid proposal must be plainly written on the outside of the envelope along with the date of the bid opening and the bidder's name. Klttitas County and the Kittitas County Public Works Department are not responsible for bids delivered late by the U.S. Postal Service. It is the responsibility of the Bidder to be sure the bids, if mailed, are sent sufficiently ahead of time to be received by the opening date and time_ RIGHT TO REJECT BIDS: The right is reserved to reject any and all proposals, to waive minor deviations from the specifications, to waive any informality in bids received, whenever it is in the County's best interest, and to accept the proposal deemed best for the county or to advertise for new proposals when in the opinion of the Kittitas County Board of Commissioners the best interest of the County will be promoted thereby. Ail goods or materials purchased herein are subject to approval by Kitf:itas County department of Public Works. Any rejection of goods or materials resulting because of nonconformity to the terms and specifications of this order, whether held by the Kittitas County Department of Public Warks or returned will be at the Vendor's risk and expense. CHANGES: No alteration in any of the terms, conditions, delivery price, quality, quantities, or specification of this order will be effective without written consent of the Kittitas County Department of Public Works. LOCATION OF MATERIALS: Prices quoted shall be for truck and trailer loads delivered to Biltmore Dr Ellensburg WA, 98926 in Kittitas County, with freight charges based on a 30 ton minimum - Liquid Asphalt Material Bid 2016 Page 7 of 12 rJTTITAS COUNTY BID PROPOSAL HANDLING: No charges will be allowed for handling unless otherwise stated herein. DELIVERY: For any exception to the delivery date as specified ay the iepartment os Public Works, Vendor shall give prior notification and obtain written approval thereto from the Kittitas County Department of Public Works Director with respect to delivery under this order. Time is of the essence and the order is subject to termination for failure to deliver as specified. The acceptance by Kittitas County Department of Public Works of late performance with or without objection or reservation shall not waive the right to claim damage for such breach nor constitute a waiver of the requirements of the timely performance of any obligation remaining to be performed by Vendor. CONDITIONS OF AWARD: The Board of County Commissioners reserves the right to purchase from suppliers other than the successful bidder, if for any reason the successful bidder is unable to promptly furnish Liquid Asphalt Materials of a quality which is satisfactory to Kittitas County's requirements, Multiple contract awards maybe subject to individual Liquid Asphalt material pricing. The County reserves the right to purchase any and/or all of any item bid. Quantities are estimates only. BID ITEM QUANTITIES: The quantities of material listed on the attached dict sheets are for bidding purposes only. Kittitas County does not guarantee quantities shown will be purchased. It is offered to provide the Company with an estimate of demand. The Company shall make such revisions in their work as necessary to accommodate changes in the demand without additional compensation_ WARRANTIES: Vendor warrants that articles supplied under this order conform to specifications herein and are fit for the purpose for which such goods are ordinarily employed, except that if a particular purpose is stated, the material must then be fit for that particular purpose. LIENS, CLAIMS and ENCUMBRANCES; Vendor warrants and represents that all the goods and materials ordered herein are free and clear of all liens, claims or encumbrances of any kind. RISK OF LOSS: Vendor agrees to bear all risks of loss, injury, or destruction of goods and materials ordered herein which occur prior to delivery. Such loss, injury or destruction shall not release Vendor from any obligation hereunder. liquid Asphalt Material Bid 2016 K MTAS COUNTY BID PROPOSAL FORM OF CONTRACT: The successful bidder shall be required to enter into formal contract, it is agreed by the bidder that his bid submitted, together with "Notice of Award" issued by Kittitas County, will together constitute a contract fully binding upon both parties thereto. CQMPLIANCE WITH LAWS: The successful bidder shall comply with all applicable federal, state and local laws, rules and regulations affecting its performance and hold the County harmless against any claims arising from the violation thereof. CONTRACT DISPUTES: Any contractual agreement shall be performed under the laws of the State of Washington. Any litigation to enforce such agreement or any of its provisions shall be brought in Kittitas County, Washington. DEFAULT: The Vendor covenants and agrees that in the event suit is instituted by Kittitas County for any default on the part of the Vendor, and the Vendor is adjudged by a court of competent jurisdiction to be in default, the Vendor shall pay to Kittitas County all cost, expenses expended or incurred by Kittitas County in connection therewith, and reasonable attorney's fees. The Vendor agrees that the Superior Court of the State of Washington shall have jurisdiction over any such suit and that venue shall be laid in Kittitas County. INDEMNIFICATION: The Vendor agrees to and shall defend, indemnify and hold harmless the County, its appointed and elective officers, agents and employees, from and against all loss or expense, including but not limited to judgments, settlements, attorney's fees and costs by reason of any and all claims and demands upon the County, its elected or appointed officials, agent, or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property including loss of use thereof, whether such injury to persons or damage to property is due to the negligence or misconduct of the Vendor, its sub -contractors, Is elected officers, employees or their agents, while performing Vendor's duties in connection with supplying and delivering the materials to the County, except only such injury or damage as shall have been occasioned by the sole negligence of the County, its appointed or elected officials, agents, or employees. TERMItNATIQN- In the event of a breach by Vendor, Kittitas County reserves the right to cancel and terminate this purchase agreement forthwith upon giving oral or written notice to Vendor. Uquid Asphalt Material Bid 2016 KIMMS COUNTY NONDISCRIMINATION: B!D PROPOSAL The Vendor agrees not to discriminate against any client, employee, or applicant for employment or services because of race, creed, color, national origin, sex, sexual orientation, marital status, age or the presence of any sensory, mental or physical handicap with regard to, but not limited to, the following employment upgrading, demotion, or transfer, recruitment or recruitment advertising, lay-offs or termination, rates of pay or other forms of compensation, selection for training or rendition of services. PERSONAL_ LIABILITY: It is agreed by and between the parties hereto that in no event shall any official, officer, employee or agent of the County be in' any way liable or responsible for any covenant or agreement herein contained whether express or implied, nor for any statement or representation made herein or in any connection with this agreement. PAYMENT: Invoices will not be processed for payment un#il receipt of a properly completed invoice or invoiced items are received. IDENTIFICATION: All invoices, packing lists, packages, shipping notices, instruction manuals, and other written documents affecting this order shall contain the applicable purchase order number. ASSIGNMENTS: The provisions or moneys due under this contract shall only be assignable with prior written consent of the Kittitas County_ MEASUREMENT., All material must be weighed over certified scales. A copy of all scale tickets shall be attached to all invoices for payment_ CONTRACT - PROPOSAL BOND: No proposal bond or performance bond will be required. SALES TAX: Kittitas County is subject to Washington State Sales Tax. INSURANCE: The Vendor shall secure and maintain in effect at all times while providing the goods and materials, such insurance as will protect the Vendor, its employees, officials and agents from all claims, losses, harm, casts, liabilities, damages and expenses arising out of personal injury Liquid Asphalt Material Bid 2016 Page 4 of 12 KfTTiTAS COUNTY BID PROPOSAL (including death) or property damage that may result from performance of this Agreement, whether such performance is by the Vendor, its employees, officials and agents. All insurance shall be issued by companies admitted to do business in the State of Washington and have a rating of A-, Class VII or better in the most recently published edition of Best's Reports unless otherwise approved by the County. if an insurer is not admitted, all insurance policies and procedures for issuing the insurance policies must comply with Chapter 48.15 RCW and 284-15 WAC, The Vendor shall provide proof of insurance for: A) Commercial -General Liability Insurance. Coverage limits not less than: $1,000,000 per occurrence per project a $2,000,000 general aggregate $1,000,000 products & completed operations aggregate $1,000,000 personal and advertising injury, each offense Certificate Holder— Kittitas County The Certificate must name the County as additional insured as defined in the Agreement Ten (10) days written nonce to the County of cancellation of the insurance policy. B) Stop Gap/Emplovers Liability. Coverage limits not less than: $1,000,000 each accident s $1,000,000 disease —policy limit $1,000,000 disease —each employee Ten (10) days written notice to the County of cancellation of the insurance policy. C) Commercial Automobile Liability Insurance. ., Automobile Liability for owned, non -owned, hired, and leased vehicles, with an MCS 90 endorsement and a CA 9948 endorsement attached if 'pollutants' are to be transported. Coverage limits not less than: 0 $1,000,000 combined single limit Ten (10) days written notice to the County of cancellation of the insurance policy. D) Excess or Umbrella Liability. The Vendor shall provide Excess or Umbrella Liability coverage at limits of $2,000,000 per occurrence and annual aggregate. This Excess or Umbrella Liability coverage shall apply, at a minimum, to both the Commercial General and Auto Insurance policy coverage. This requirement may be satisfied instead through the Vendor's primary Commercial General and Automobile Liability coverage, or any combination thereof_ Liquid Asphalt Material Bid 2016 Page 5 of 12 KITMAS COUNTY BO PROPOSAL E) Workers' Compensation. n Workers' Compensation in amounts required by law. F) Pollution Liability. The successful bidder shall provide a Pollution Liability policy, providing coverage for claims involving bodily injury, property damage (including loss of use of tangible property that has not been physically injured), cleanup costs, remediation, disposal or other handling of pollutants, including costs and expenses incurred in the investigation, defense, or settlement of claims arising out of: successful bidder's operations related to this project; and/or Remediation, abatement, repair, maintenance or other work with lead-based paint or materials containing asbestos; and/or Transportation of hazardous materials away from any site related to this project Such Pollution Liability policy shall provide the following minimum coverage: 3 $1,000,000 each loss and $2,000,000 annual aggregate The Vendor shall furnish the County a certificate of insurance with Endorsement as evidence that policies providing insurance required by this Agreement are in full force and effect. The Vendor hereby wolves all rights of recourse, including any right to which another may be subrogated, against Kittitas County for personal injury, including death, and property damage. The Vendor's insurance policies required above shall be primary insurance and shall be non- contributing with any other insurance maintained by Kiittitas County. The Vendor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Vendor's employee -owned tools, machinery, equipment, or motor vehicles owned or rented by the Vendor, or the Vendor's agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences. The Vendor shall have sole responsibility for determining the insurance coverage and limits required, if any, to be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent business practices. NOTE: No contract shall form until and unless a copy of the Certificate of Insurance with Endorsement, properly completed and in the amours required, is attached hereto HAZARDOUS SUBSTANCE TAX IWAC458-20-2 All out of -state suppliers (i.e. not located in Washington State) shall consider the following when submitting a bid for liquid asphalt. Kitftas County will revise the basis of award by adding the hazardous substance tax (H5 Tax), calculated at the statutory rate (currently, seven tenths of one percent (.007)). If a similar tax has been paid in another state, credit may be taken against the tax owed to Washington State. The supplier must supply documentation of these taxes paid along with the bid documents. In-state suppliers who have previously paid the hazardous substance tax shall enter an amount of zero (0). Liquid Asphalt -Mate rlal Bir! 21 Page 6 of 12 KIMAS COUNTY CONTRACTOR`S PROTECTIVE CLAUSE: BID PROPOSAL There shall be no obligation to have available or aeliver any or all of the proaucts included in this proposal in the customary manner when such availability or deliveries are prevented or hindered by an Act of God, fire, strike, partial or total interruption or loss or shortage of transportation facilities, or by other similar or different acts of civil or military authorities, or by other like causes beyond the control of the Contractor. DESCRIPTION OF MATERIAL: Liquid Asphalt as specified The following special provisions are to be used in conjunction with the Standard Specifications of the Washington State Department of Transportation, current edition, (unless otherwise specfie4 which by reference are hereby made a part of these documents. The material to be supplied shall be in accordance with the Standard Specifications of Washington State Department of Transportation, current edition, are hereby made a part of this bid proposal. The special provisions hereinafter contained shall supersede any cwflicting provisions of the Standard Specifications. Where the word State appears in the Standard Specifications, the County of Kittitas shall be used in this contract. Where the terms Engineer or Secretary of Transportation appears in the Standard Specfcations, Kiittitas County Public Works Director shall be used for this contract. Where the term Washington State Highway or Transportation Commission appears in the Standard Specifications. Kittitas County Board of County Commissioners shall be used for this contract. SPECIAL PROVISIONS: Fumish truck transport deliveries of liquid asphalt emulsion HFE-150. ASPHALT EMULSION HFE-154 SPECIFICATIONS: Thistoar E ullsion , inimum hlaximRrm Viscosity 122 pees F SFS T59 50 400 Sieve Test % T59 -- 0.3 Disdiladon ��^T Qil Distillate by volume of emulsion % T59 -- 5 Residue % T59 65 — Tis an�he Ra>,ald�� fro�tt ©stil s"on Penetration Q 77 Degrees F, 100g, 5s T49T 150 340 Float @ 144 Degrees F, sec; I T50 1200 1 -- Liquid /asphalt Material Bid 2016 Page 7 of 12 KlrrrrAS COUNTY ACCEPTANCE: BID PROPOSAL The acceptance of the Liquid Asphalt will be based on the manufacturer's certification of compliance, including the specification he intends to meet, copies of the test data showing specification compliance and identification of the type of polymer used in the manufacturing of the HFE-150, or on independent testing performed by Kittitas County at the county's discretion. Deliveries of Asphalts which cause production delays for any reason including plugged screens due to dirty storage tanks or contaminated tanker trucks will be returned to vendor at not cost to Kittitas County. If the delay ties up the crew more than 2 hours before next delivery, Kittitas County will assess $500.00 per hour late charge each elapsed hour thereafter. Deliveres shall be made in insulated tank trucks at a minimum temperature of 200 degrees Fahrenheit for apt -back and 160 deq_rees for emulsions at the time and places requested by Kittitas County Road Department. Kittitas County reserves the right to cancel the tanker load three (3) to five (5) hours prior to preset delivery time at no cost to Kittitas County. Prices quoted shall be for delivery of tuck and trailer loads at any designated point of delivery in Kittitas County, with freight changes based on 30 -ton minimum. Kittitas County reserves the right to increase or decrease the quantity of any and all asphalt listed on the bid proposal, with no increase in the bid price. The Prices quoted shall be firm for the Calendar Year 2016. Liquid Asphalt Material Bid 2016 Page 8 of 12 KITi1TAS COUNTY BID PROPOSAL TO: The Board of County Commissioners Kittitas County Courthouse 205 West 5th Ellensburg, WA 98926 HONORABLE CHAIR AND MEMBERS: 90 PROPOSAL This certifies that the undersigned has thoroughly examined the specifications governing the supply of materials as set forth in this Proposal, and that the method by which payment will be made for said materials, is understood. The undersigned hereby proposes to undertake and supply the materials in accordance with said specifications and the following'schedule or rates and prices: NOTE: Show all extensions and total amount of bid. In case of errors in extensions and total, the unit bid prices shall govern_ Theuan0 es of materials used in the below bid sheets are &tki]dfta aurposes gal . DATED this day of 2018. Signature of Authorized Official Firm Address City, State, Zip Code, Telephone NOTE; If the Bidder is a Corporation, this proposal must be executed by its duly authorized officials. Llquid Asphalt Material Bid 2016 Page 9 of 12 KIrrITAS COUNTY BID PROPOSAL BID PROPOSAL CONT SCHEDULE"A" FURNISH LIQUID ASPHALT MATERIALS FOR 2016 "NOTE: UNIT PRICES FOR ALL ITEMS, ALL EXTENSIONS, AND TOTAL AMOUNT OF BID SHALL BE SHOWN. ALL ENTRIES MUST BE IN LEGIBLE FIGURES (NOT WORDS) AND TYPED OR ENTERED IN INK- Liquid Asphalt Material Bid 21115 Page 10 of 12 ITE;K NO. ESTIMATED QUANTITY ITEM PRIG TOTAL DESCRIPTION PER TOS! 1 PRICE 75-100 1 TONS HFE-150 Hazardous Substance Tax (HS Tax) �% $ Washin . an State Sales Tax % $ TOTAL $ Liquid Asphalt Material Bid 21115 Page 10 of 12 KITWTAS COUNTY BID PROPOSAL BIDDER QUALIFICATION STATEMENT MAME OF FIRM: ADDRESS: TELEPHONE_ FAX: FEDERAL I.D. TAX NO. TITLE & NkiE OF PERSON PREPARING BID: NON -COLLUSION DECLARATION 1, by signing the proposal, hereby declare, under penalty of perjury under the laws of the United States that the following statements are true and correct: 1. That the undersigned person(s), firm, association or corporation has (have) not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restrain of free competitive bidding in connection with the project for which this proposal is submitted. That by signing the signature page of this proposal, I am deemed to have signed and have agreed to the provisions of this declaration. ADDITIONAL ASSURANCE AND CERTIFICATIONS Bidder hereby certifies that he/she will comply with all assurances and certifications issued by Kittitas County, and conform to all applicable state and federal laws. The bidder is hereby advised that by signature of this proposal he/she is deemed to have acknowledged all requirements and signed all certificates contained herein. FIRM NAME Signature of Authorized G icial Type frame: Title: Liquid Asphait Material Bid 2018 Page 11 of 12 KITTITAS COUNTY BW PROPOSAL O"ITE FIELD REPRESENTATIVE Selected suppliers of liquid asphalt shall provide a qualified company representative to be on-site, at least 40 hours, when oil products are being furnished. The on-site representative will witness the construction activities, monitor the site conditions, visually monitor the material quality of the liquid oils and aggregate cover aggregate, monitor liquid asphalt application rate and assist in the coordination of material delivery. At any time the supplier on-site field representatives notes a special or unusual condition which, in the suppliers opinion, may have a negative impact on the quality of the final product they will be required to immediately faring the condition to the attention of the County' on-site supervisor. The on-site representative will document daily, in writing, the conditions witnessed at the project site. A copy of the on-site field representative's documentation will be provided to the County on a daily basis. MATERIAL QUALIFICATION AND TESTING Prior to final selection of suppliers to be used under this contract, each supplier will be required to, 1) Provide written certification that the materials to be furnished under this contract will meet the minimum requirements for the type and grade liquid asphalt specified herein. 2) Determine the chemical compatibility of their oils to the aggregate scheduled for use in conjunction with this contract. County will furnish each supplier a sample of the pre -produced aggregate from project stockpiles intended for use as a chip seal cover aggregate. The supplier will determine the adhesive properties and resistance to stripping for the materials scheduled for use. County will check stripping characteristics using AASHTO T182, 3) Each supplier will report to the Engineer in writing, the results of their testing and specifically list any incompatibilities or recommendations prior to furnishing any asphalt materials under this contract. 4) Provide two, (1) quart, samples of each product type and grade intended for delivery and use for testing by County. Test results on the physical properties of the liquid asphalt products will be required to be within the specified grading range for each type of oil furnished prior to acceptance of the oil products intended for use under this contract. Liquid Asphalt Material Bid 2016 Page 12 of 12 KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS -- BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE TOPIC ACTION REQUESTED LEAD STAFF. Mark R. Cook August 22, 2016 RCO Ringer Loop Acquisition and Design Grant Request to Approve a Resolution to Authorize the Director's Signature on Grant Documents RECOMMENDATION: Authorize the Director's signature on Recreation and Conservation Office (RCO) Ringer Loop Acquisition and Design Grant documents. BACKGROUND: During the past several months, staff has worked securing project funding through the "Integrated Plan" supporting Ringer Loop Acquisition and Design mitigating flood impact. Funding from the "Integrated Plana has made its way to RCO. Grant documents arrived late last week in the amount of $988,452 with no project sponsor amount required. DISCUSSION: The funding supports the following activities: Acquire fee simple title to one 40 acre parcel and one 20 acre parcel Acquire a conservation easement on a third parcel Obtain an appraisal to acquire a forth 20 acre property. We have completed the appraisal on the first 40 acre parcel and are underway on first 20 acre parcel. FISCAL IMPACTS: We have no project sponsor contribution for the grant amount ($988,452.00) ATTACHMENTS: EXHIBIT 1: Resolution EXHIBIT 2: RCO Project Agreement Page 1 of 3 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT EXHIBIT 4: RESOLUTION Page 2 of 3 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO. 2016 - AUTHORIZE THE PUBLIC WORKS DIRECTOR'S SIGNATURE ON 2016 RECREATION AND CONSERVATION PROJECT AGREEMENT FOR RINGER LOOP ACQUISTIONS AND DESIGN WHEREAS: Ringer Loop Road has experienced significant flood damage during the 2015116 winter season; and WHEREAS: Flood waters are damaging neighboring properties and the river is likely to continue adversely impacting neighboring properties; and WHEREAS: Public Works desires acquiring flood damaged properties and establishing flood resistant vegetation and natural channel amenities along the likely future path of the river, and WHEREAS: Public Works has received project funding from Recreation and Conservation Office (RCO) in the amount of $988,452.00 for acquisition of flood prone properties at Ringer Loop Road; and WHEREAS: Public Works desires planning and designing for the future river path of the Yakima River at Ringer Loop, NOW, THEREFORE BE IT RESOLVED that the Board of County Commissioners, in the best interest of the public, does hereby authorize the Director of Public Works to sign RCO grant documents. DATED this 22nd day of August, 2016, at Ellensburg, Washington. Attest: ❑ Clerk of the Board- Julie Kjorsvik ❑ Deputy Clerk of the Board- Mandy Buchholz BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Obie O'Brien, Chairman Paul Jewell, Vice -Chairman Laura Osiadacz, Commissioner EXHIBIT 2: RCO PROJECT AGREEMENT Page 3 of 3 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT -y WASHMSTDN STATE Recreation and RCO Project Agreement Conservation Office For Office Administered Programs Project Sponsor: Kittitas County Public Works Project rice: Ringer Loop Acquisitions and Design Project Number. 16-1860C Approval Date: 7/1/2016 A. PARTIES OF THE AGREEMENT This Project Agreement (Agreement) is entered Into between the State of Washington the Recreation and Conservation Office, P.O. Box 40917, Olympia, Washington 98504-0917 and Kittitas County by and through the Kittitas County Public Works (sponsor), 41,1 N Ruby St Ste 1, Ellensburg. WA 98926 and shall be binding on the agents and all persons acting by or through the parties, B. PURPOSE OF AGREEMENT This Agreernent sets out the terms and conditions by which a grant is made to implement projects under the Yakima Integrated Pian of the State of Washington. The grant is administered by the Recreation and Conservation Office (RCO) to the sponsor for the project named above per the director's authority granted in RCW 79A25.020. C. DESCRIPTION OF PROJECT Kiitltss County will acquire fee simple title to one 40 acre and one 20 acne property, they will acquire a conservation easement on a third 60 acre property, and they will obtain an appraisal to acquire a forth 20 acre property. All properties are located along the Ringer Loop reach of the Yakima River, south of Ellensburg. In addition, Kirtitas County will complete preliminary designs and permits for a habitat restoration project on the 60 acre conservation easement. The goal of time project is to protect and expand riparian habitat and to facilitate future off -channel fish habitat enhancement and road decommissioning. Rsh that are targeted to benafit from the project include steelhead, spring Chinook, Coho, Sockeye, and Cutthroat Trout. D. PERIOD OF PERFORMANCE The period of performance begins on February 29, 2015 (project start date) and ends on June 1, 2017 (project end date). No allowable cost incurred before or after this period is eligible for reimbursement unless specifically provided for by written amendment or addendum to this Agreement or specifically provided for by policies published in RCO manuals as of the effective date of this agreement. The sponsor must request extensions of the period of performance at toast 60 days before the project and date. The sponsor has obligations beyond this period of performance as described in Section E: On-going Obligations. E. ON-GOING OBLIGATIONS For the acquisition portion of this project, the sponsors on-going obligations shall be in perpetuity and shah survive the completionhar nination of this Project Agreement unless otherwise identified in the Agreement or as approved by the funding board. it is the intent of the funding board's conversion policy (see Section 24: Restriction of Conversion) that all lards acquired and or facilities and areas developed, renovated, or restored with funding assistance remain in the public domain in perpetuity. For the planning portion of this project, the sponsors on-going obligation shall be the same as time period of performance identified in Section D: Period of Performance. F. PROJECT FUNDING The total grant award for this project shall not exceed $988,452.00. RCO shall not pay any amount beyond that approved for grant funding of the project and within the RCO's percentage as identified below. The sponsor shall be responsible for all total project costs that exceed this amount The minimum matching share provided by the sponsor shall be as indicated below: Percentage DollarAmount Source of Funding Office - General Habitat State Project 100ID0% $988,452.00 State Project Sponsor 0.00% $0.00 Total Project Cost 100.00% $988,45200 G. FEDERAL FUND INFORMATION This Agreemant is not a federal subaward. This Agreement is funded with a grant from the State of Washington. RCO 15-1860C Page 1 of 23 H. RIGHTS AND OBLIGATIONS INTERPRETED IN LIGHT OF RELATED DOCUMENTS All rights and obligations of the parties under this Agreement shall be interpreted in light of the information provided in the sponsors application and the project summary under which the Agreement has been approved as well as documents produced in the course of administering the Agreement, including the eligible scope activities and milestones report incorporated herein by reference. Provided, to the extent that Information co mtainad In such documents is inconsistent with this Agreement, It shell not be used to vary the terms of the Agreement, unless those terms are shown to be subject to an unlntendad error or omission. This "Agreement" as used here and elsewhere in this document, unless otherwise specifically stated, has the meaning set forth in the definition of the Standard Terms and Conditions_ 1. AMENDMENTS MUST BE SIGNED IN WRITING Except as provided herein, no amendment/deletions of any of the terms or conditions of this Agreement will be effective unless provided in writing and signed by both panties_ Except, extenslons of the period of performance and minor scope adjustments need only be signed by RCO's director or designee. unless the consent of The sponsor to an extension is required by its auditing policies, regulations, or legal requirements, in which case, no extension shall be affective until so consented. J. COMPLIANCE WITHAPPLICABLE STATUTES, RULES, AND RCF"RFB POLICIES This agreemerri m governed by, and the sponsor shall comply with, all applicable state and federal laws and regulations, including any applicable policies published in RCO manuals as ofthe effective date of this agreement, all of which are incorporated herein by this reference as if fully set forth. K. SPECIAL CONDITIONS 1. Source of Funding Funding for this agreement comes from the Washington State Department of Ecology's Yakima Basin Integrated Plan funds through RCO interagency agreement #17-15. x_ Preliminary Tills Reports Required Before any reimbursement is made, the sponsor must submit the preliminary title report for the subject property within the scope of work approved in this Project Agreement - 3. Archaeological and Cultural Resource Consultation, EO 05-05 Exemption due to no ground disturbance: This project does not include ground disturbing adivities, nor after structures built more than 50 years ago, and therefore appears to be exempt from Govemor's Executive Order 05-05 Archaeological and Cultural Resources Consultation as described In Section 8 of this project agreement. If any ground disturbance or demolition or modification of structures older than 50 years becomes necessary, promptly notify your RCO grant manager as cultural resources consultation will be required. Completion of this consultation and a Notice to Proceed from RCO will be required before these activities can begin. 4. Design Delhrerables. Appendix D of RCO Manual#18. Salmon RecoveryGnwfs, dated January 2015, defines Corrcepivai, Preliminary, and Final Design deliverables as follows.. Prelirrdnary Proied Desion While the detailed scope of each project's preliminary design process is unique, in general, the process for developing a preliminary design Includes: preparing surveyed site pians; conducting field investigations of hydrelogio, geotechnical, and other site conditions; conducting data analysis; preparing drawings and designs; preparing the design report; and preparing engineering cost estimates. Preliminary designs must adequately describe all proposed project elements in sufficient detail for permit review and authorization. While the design team may tailor the design process to suit the unique circumstances of each project, the following are required deliverables for preliminary designs. A Preliminary design report, drawings, and engineering cost estimate (refer to Manual 18, Appendix Q2 for a detailed description of typical design report elements) B. Design review oommants (optional) C. Permit applications RCO 16-1880C Page 2 of 23 L. AGREEMENT CONTACTS The parties will provide all written communications and notices under this Agreement to the mail address or the email address listed below 9 not both: Protect Contact Name: Mark Cook Fide: Public Works Director Address: 411 North Ruby, Ste 1 Ellensburg, WA 96925 Email: mark.cook@co.kittltas.wa.us ce Recreation and Conservation Office Natural Resources Building PO Box 40917 Olympia, Washington 98504-0917 These addresses shall be effective until receipt by one party from the other of a written notice of any change. M. ENTIRE AGREEMENT ThisAgreement, with all amendments and attachments, constitutes the entire Agreement of the parties. No other understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the parties. N. EFFECTIVE DATE ThisAgranmant, for project 16-16600, shall be subject to the written approval of the RCO'a authorized representative and shalt not be effective and binding until the data signed by both the sponsor and the RCO, whichever is later (Effective pate). Reimbursements for eligible and allowable costs Incurred within the period of performance identified In Section D: Period of Performance are allowed only when this Agreement is fully, executed and an original is received by RCO. The sponsor has read, fully understands, and agrees to be bound by all terms and conditions as act forth in this Agreement. The signatory listed below represent and warrant their authority to bind the parties to this Agreement. Kitt" County Public Works By: Name: (printed) Tule: State of Washington, Recreation Conservation Office By: Kaleen Cottingham Director Recreation and Conservation Office Pre -approved as to four: By: W Assistant Attorney General. Date, June 13, 2016 RCO 16-16600 Page 3 V23 Standard Terms and Conditions of the Project Agreement Table of Correnis SECTION 1. CITATIONS, HEADINGS AND DEFINITIONS ....... ...__,................................................ SECTION 2. PERFORMANCE BY THE SPONSOR ..................... ..... .......................... I................. SECTION 3. ASSIGNMENT.................................................................................................... . SECTION 4. RESPONS1131UTY FOR PROJECT.. - ........................................................................ SECTION 6. INDEMNIFICATION ........................ ......................................... ......... ,.................... SECTION 8. INDEPENDENT CAPACITY OF THE SPONSOR ...................................................... SECTION 7. CONFLICT OF INTEREST........................................................ ........... I................... SECTION S. COMPLIANCEWITH APPLICABLE LAW................................................................. SECTION%. RECORDS....................................................................................................I...... SECTION 10, PROJECT FUNDING AND COSTS ........... ............................ .......... ............. I........... SECTION 11. PROJECT REIMBURSEMENTS.............................................................................. SECTION 12. ADVANCE PAYMENTS......................................................................................... SECTION 13. RECOVERY OF PAYMENTS ................. ....... ......... ............................................... SECTION 14. COVENANTAGAINST CONTINGENT FEES............................................................. SECTION 16. INCOME AND USE OF INCOME .............. .......................... ............... I ........ I ........... . SECTION 16. PROCUREMENT REQUIREMENTS ............................................. I .................. ......... SECTION 17. TREATMENT OF EQUIPMENT............................................................................... SEC770N 18. RIGHT OF INSPECTION ........................ ................................................ ................ SECTION 10. STEWARDSHIP AND MONITORING........................................................................ SECTION 20. PREFERENCES FOR RESIDENTS ......... ............... .............. ................. I................... SECTION 21. ACKNOWLEDGMENT AND SIGNS.......................................................................... SECTION 22. PROVISIONS APPLYING TO DEVELOPMENT, MAINTENANCE, RENOVATION, AND RESTORATION PROJECTS............................................................................... PROVISIONS APPLYING TO ACQUISITION PROJECTS ............................................. RESTRICTION ON CONVERSION OF REAL PROPERTYANWOR FACILITIES TO OTHERUSES....................................................................................................... CONSTRUCTION, OPERATION, USE AND MAINTENANCE OF ASSISTED PROJECTS.. PROVISIONS RELATED TO CORPORATE (INCLUDING NONPROFIT) SPONSORS........ SECTION 23. SECTION 24_ SECTION 26. SECTION 28. Page 6 7 7 7 7 8 8 8 9 9 10 11 11 11 11 12 12 12 12 12 13 13 13 14 i5 is RCO i6-18806 Page 4 of 23 SECTION 27. PROVISIONS FOR FEDERAL SUBAWARDS ONLY ................................................... SECTION 28. PROVISIONS FOR ESTUARY AND SALMON RESTORATION PROGRAM PROJECTS ONLY................................................................................................................ SECTION 29. ORDER OF PRECEDENCE.................................................................................... SECTION 30. LIMITATION OF AUTHORITY................................................................................. SECTION 31. WAIVER OF DEFAULT.......................................................................................... SECTION 32. APPLICATION REPRESENTATIONS — MISREPRESENTATIONS OR INACCURACY OR BREACH............................................................................................................. SECTION 33. SPECIFIC PERFORMANCE................................................................................ SECTION 34. TERMINATION..................................................................................................... SECTION 3b. DISPUTE HEARING............................................................................................. SECTION 36. ATTORNEYS' FEES............................................................................................ SECTION 37. GOVERNING LAWNENUE.................................................................................... SECTION 38. PROVISIONS APPLICABLE ONLY IF FEDERALLY RECOGNIZED INDIAN TRIBE IS THESPONSOR.................................................................................................... SECTION 39. SEVERABILITY.................................................................................................... 16 17 21 21 21 21 21 21 22 22 22 22 23 RCO 16-19600 Pape 5 of 23 SECTION 1. CITATIONS, HEADINGS AND DEFINITIONS A. Any citations referencing specific documents refer to the current version at the date of project Agreement and/or any revislons In the future. B. Headings used in this Agreement are for reference purposes only and shall not be considered a substantive part of this A8 reement_ C. Definitions. As used throughout this Agreement, the following terms shall have the meaning set forth below: acquisition project- A project that purchases or receives a donation of fee or less than fee Interests in real property. These irsterests include, but are not limited to, conservation easements, accessltrail easements, Covenants, water rights, leases, and mineral rights. Agreement or ProjectAgreement - The document entitled 'Project Agreement' accepted by all Parties to the present transaction, including without limitation these Standard Terms and Conditions, all attachments, addendums, and amendments, and any intergovernmental agreements or other documents that are Incorporated Into the ProjeetAgreement subjectto any limitations on their effect. applicant - Any party that meets the qualifying standards, including deadlines, for submission of an application soliciting a grant of funds. application - The documents and other materials that an applicant submits to the RCO to support the applicant's request for grant funds; this includes materials required for the 'Application" in the ROM automated project information system, and other documents as noted on the application checklist Including but not limited to legal opinions, maps, plans, evaluation presentations and scripts. C.F.R. - Code of Federal Regulations contractor- An entity that receives a contract from a sponsor. A contract Is a legal Instrument by which a nonfederal entity (sponsor) purchases property or services to carry out the project or program under a Federal award. A contractor Is not the some as the sponsor or subrecipiant A contract is for the purpose of obtaining goods and services for the nonfederal entity's (sponsor's) own use and crew lees a procurement relationship with the contactor (2 C.F.R § 200.23 (2013)). development project -A project that results in the construction of or work resulting in new elements, including but not limited to structures, facilities, andlor materials to enhance outdoor recreation resources. cilrealor - The chief executive officer of the Recreation and Conservation Wee or that person's designem education project- A project that provides information, education, and Outreach programs for the benefit of outdoor resrestionists. education and enforcement project -A projad that provides information, education, and outreach programs; encourages responsible recreational behavior, and may provide law enforcement for the benefit of outdoor recreationists. equipment -Tanglble personal property (including information technology systems) having a useful life of more than one year and a per-unit aequlsltlon cost which equals or exceeds the lesser of the capitalization level established by the sponsor or §5,000 (2 C_F_R_ § 200.33 (2013)). Indirect cost- Costs incurred for a common or joint purpose benefitting more than ona cost objective, and not readily assignable to the cost objectives specifically benefitted, without effort disproportionate to the results achieved (2 G.F.R. § 200.56 (2013)). landowner agreement - An agreement that is required between a sponsor and landowner for projects located on land not owned, or otherwise controlled, by the sponsor. maintenance project - A project that makntalns existing areas and facilities through repairs and upkeep for the benefit of outdoor recreailonists. maintenance and operation project- A project that maintains existing areas and facilities through repairs, upkeep, and routine servicing for the benefit of outdoor recriestionrsts. match or matching share - The portion of the total project cost provided by the sponsor. milestone -An important event with a defined date to track an activity related to implementation of a funded project and monitor significant stages of project accomplishment pass4hrough entity - A non -Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program (2 C. F. R. § 200.74 (2013)). If this Agreement is a federal subaward, the RCO is the pass-through or is acting as the pass-through entity on behalf of another state agency as identified in Section A: Partes to the Agreement period of performance - The time during which the sponsor may incur nese obligations to carry out the work authorized under this this Agreement (2 C.F.R. § 200.77 (2013)). planning project -A project that results in an assessment, inventory, study, plan, project designs, constructions plans and speci6eations or permits. pre -agreement cost - A project cost Incurred before the period of performance. project -An undertaking that is, or may be, funded In whole or in part with funds administered by ROO. project cost -The total aliowable costs incurred under tNs Agreement and all required match share and voluntary committed matching share, including third -party contributions (2 C.F.R. § 200.83 (2013)). RCO - Recreation and Conservation Office - The state office that administers the grant under this Agreement. reirnbureement- RCO's payment of funds from eligible and allowable costs that have already boon paid by the sponsor per the terms of the Agreement. renovation project- A project intended to improve an existing site or structure in order to increase its useful service life beyond original expeditions or functions. This does not include maintenance activities to maintain the facility for Its originally expected useful service life. restoration project- A project that brings a site back to its historic function as part of a natural ecosystem or improves the ecological functionality of a site. RCW - Revised Code of Washington RCO 16-181300 Page 6 of 23 secondary sponsor - one of two or more eligible organizations that sponsors a grant funded project. Of these two sponsors, only one - the primary sponsor- may be the fiscal agent. sponsor or primary sponsor- The eligible applicant who has been awarded a grant of funds and is bound by this executed Agreement; includes its officers, employees, agents and successors. For projects funded with federal money, the sponsor is a subrecipient, which is a non --Federal entity that recalves a subaward from a pass-through entity to carry out part of a Federal program; but does not include an individual that is a beneficlary of such program. A subreolpient may also be a recipient of other Federal awards directly from a Federal awarding agency (2 C.F.R. § 200. 93 (2013)). subaward - An award provided by a pass-through entity to a subredpient for the subracipient to cant' out part of a Federal award received by the pass-through entity. It floes not include payments to a contractor or payments to an individual that Is a beneficiary of a Federal program. A subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract (2 C.F.R. § 200.82 (2093)). A subaward Is for the purpose of carrying out a portion of a Federal award and creates a Federal assistance relationship with the subreclplent (2 C.F.R. § 200.330 (2013)). If this Agreement is a Federal subaward, the subaward amount Is the grant program amount in Section F: Project Funding Amount subrecipient- Subrecipient means a non -Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program; but does not include an individual that Is a beneficiary of such program. A subredpient may also be a recipient of other Federal awards directly from a Federal awarding agency (2 C.F.R. § 200.93 (2013)). If this Agreement: is a Federal subaward, the sponsor is the subreclpient WAC - Washington Administrative Code. SECTION 2. PERFORMANCE BY THE SPONSOR The sponsor and secondary sponsor where applicable, shall undertake the project as described in this Agreement, the sponsor's application, and in accordance with the sponsoea proposed goals and objectives described In the application or documents submitted with the application, all as finally approved by the RCO. All submitled documents are Incorporated by this reference as if fully set forth herein. Also see Section 29: Order of Precedence. Timely completion of the project and submission of required documents, including progress and final reports, is important, Failure to meet c 6fic al milestones or complete the project, as set out in thlsAgreement, is a material breach of the Agreement SECTION 3. ASSIGNMENT Neither this Agreement, nor any claim arlsing under this Agreement, shall be transferred or assigned by the sponsor without prior written Consent of the RCO. SECTION 4. RESPONSIBILITY FOR PROJECT While the RCO undertakes to assist the sponsor with the project by providing a grant pursuant to this Agreement, the project Itself remains the sole responsibility of the sponsor. The RCO undertakes no responsibilities to the sponsor, a secondary sponsor, or to any third party, other than as is expressly set out in this Agreement_ The responsitAity for the Implementation of the project is solely that of the sponsor, as is the responsibility for any claim or suit of any nature by any third party related In arty way to the project. When a project is sponsored by more then one entity, any and all sponsors are equally mzpanslbls for the project and all post-oomplation stewardship responsibilities. SECTION S. INDEMNIFICATION The sponsor shall defend, Indemnify, and hold the State and its officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the acbral or alleged acts, errors, omissions or negligence of, or the breach of any obligation under this Agreement by, the sponsor or the sponsor's agents, employees, contractors, subcontractors, or vendors, of any tier, or any other persons for whom the sponsor nmay be legally liable. Provided that nothing herein shall require a sponsor to defend or indemnify the State against and hold harmless the State from claims, demands or suits based solely upon the negligence of the State, its employees and agents for whom the State is vicariously liable. Provided further that if the claims or suits ars caused by or result from the concurrent negligence of (a) the sponsor or the sponsor's agents, employees, contractors, subcontractors or vendors, of any tier, or arty other parsons for whom the Sponsor is legally liable, and (b) the State its employees and agents for whom it is vicariously liable, the indemnity obligation shall be valid and enforceable only to the extent of the sponsor's negligence or the negligence of the sponsor's agents, employees, contractors, subcontractors or vendors, of any tier, or any other persons for whom the sponsor may be legally gable. This provision shall be Included in any Agreement between sponsor and any contractors, subcontractors and vendors, of any tier. The sponsor shall also defend, indemnify, and hold the State and its officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from an alleged patent or copyright Infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions by the sponsor or the sponsor's agents, employees, contractors, subcontractors or vendors, of any tier, or any other persons for whom the sponsor may be legally liable, in performance of the Work under this Agreement or arising out of any use in connection with the Agreement of methods, processes, designs, information or other items furnished or oommunicated to State, its agents, officers and employees pursuant to the Agnemer!t; provided that this indemnity shall not apply to any alleged patent or copyright Infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright fights or inventions resulting from State's, its agents', officers' and employees' failure to comply with spectfic written instructions regarding use provided to State, its agents, officers and employees bathe sponsor, its agents, employees, contractors, subcontractors or vendors, of any tier, or RCO 1 B-18600 Paye 7 01 23 any other persons for whom the sponsor may be legally liable. The sponsor specifically assumes potential liability for actions brought by the sponsor's own employees or its agents against the State and, solely for the purpose of this Indemnification and defense, the sponsor specifically waives any immunity under the state industrial Insurance law, RCW Title 51 _ The RCO is included within the term State, as are all other agencies, departments, boards, or other entities of state government. SECTION S. INDEPENDENT CAPACITY OF THE SPONSOR The sponsor and its employees or agents performing under this Agreement are not officers, employees or agents of the RCO. The sponsor will not hold itself out as nor claim to be an officer, employee or agent of the RCO or of the state of Washington, nor will the sponsor make any dalm of right, privilege or benefit which would accrue to an employee under RCW 41.06 or 28B. The sponsor is responsible for withholding and/or paying employment taxes, Insurance, or deductions of any kind required by federal, state, andlor local laws. SECTION 7. CONFLICT OF INTEREST NotAhstandiirg any determination by fie Executive Ethics Board or other tribunal, RCO may, In Its sole discretion, by written notice to the sponsor terminate this Agreement If it is found afterdue notice and examination by RCO that there is a violation of the Ethics in Public Service Act, RCW 42.52; or any similar statute Involving the sponsor in the procurement of, or performance under, this Agreement. In the event this Agreement is terminated as provided herein, RCO shall be entitled to pursue the same remedies against the sponsor as it could pursue in the event of a breach of the Agreement by the sponsor. The rights and remedies of RCO provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or this Agreement SECTION B. COMPLIANCE V fTN APPLICABLE LAW The sponsor will Implement the Agreement in accordance with applicable federal, state, and local laws, regulations and the RCO policies regardless of whether the sponsor is a public or non-public organlzation. Pursuant to RCW 43.21 C_0382, all of RCO's activities and programs are exempt from threshold' determinations and environmental impact statement requirements. The sponsor shall oomply with, and RCO Is not responsible for determining compliance with, any and all applicable federal, state, and local taws, regulations, and/or policies, including, but not limited to; State Environmental Policy Act; Industrial Insurance Coverage; Architectural Barriers Act; permits (shoreline, Hydraulics Project Approval, demolition); land use regulations (critical areas ordinances, Growth Management Act); federal and state safety and health regulations (Occupational Safety and Health AdministratioNWashington Industrial Safety and HealthAd); and BuyAmericanAd_ A. Nondiscrimination 1 -mm. The sponsor shall not discriminate against users of projects assisted with board funds on the basis of race, creed, color, sex, religion, national origin, disability, marital status, or sexual orientation and must comply with all applicable federal, state, and local nondiscrimination laws and/or policies, including but not limited to: the Americans with Disabilities Act; Civil Rights Act; and fheAge Discrimination Act. In the event of the sponsor's noncompliance or refusal to comply with any nondlscxhnlnatlon law or policy, the Agreement may be rescinded, cancelled, or terminated in whole or in part, and the sponsor may be declared Ineligible for further grant awards from the RCO. The sponsor Is responsible for any and all costa or liability arising from the sponsor's fallure to so comply with applicable law. B. Wages and Job Safety_ The sponsor agrees to comply wlth all applicable laws, regulations, and policies of the United States and the State of Washington, which affect wages and job safety. The sponsor agrees when state prevailing wage laws (RCW 39.12) are applicable, to comply with such laws, to pay the prevailing rate of wage to all workers, laborers, or mechanics employed in the performance of any part of this contract, and to file a statement of intent to pay prevalling wage with the Washington State Department of Labor and industries as rewired by RCW 39.12.040. The sponsor also agrees to comply with the provisions of the rules and regulations of the Washington Slate Department of Labor and Industries. C. Archaeological and Cultural Resources. The RCO facilitates the review of applicable projects for potential Impacts to archaeological sites and state cultural resources. The sponsor must assist RCO In compliance with Executive Order 05-05 or the National Historic Preservation Act before initiating ground -disturbing activity. The RCO requires documented compliance with Executive Order 05-05 or Section 106 of the National Historic Preservation Act, whichever is applicable to the project. If a federal agency declines to consult, the sponsor shall comply with the requirements of Executive Order 05-05. In the event that archaeological or historic materials are discovered during project acxiMes, work in the location of discovery and Immediate vicinity must stop Instantly, the area must be secured, and notification must be provided to the following: concemed Tribes' cultural staff and cultural committees, RCO, and the State Department of Archaeology and Historic Preservation. if human remains are discovered during project activity, work in the location of discovery and Immediate vicinity must stop instancy, the area must be secured, and notification provided to the concerned Tribe's Guttural staff and cultural committee, RCO, State Department of Archaeology, the coroner and local taw enfarcement in the most expeditious manner possible according to RCW 88.50. RCO 16-1860C Pie B aL 23 D. Restrictions on Grant Use. No part of any funds provided under this grant shall be used, other than for normal and recogntzed executive4egislative relationships, for publicity or propaganda purposes, or for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or video presentation designed to support or defeat legislation pending before the U.S. Congress or any state legislature. No part of any funds provided under this grant shall be used to pay the salary ar expenses of any sponsor, or agent acting for such sponsor, related to any activity designed to influence legislation or appropriations pending before the U.S. Congress or arty state legislature. E. Dsbarmerrt and Certification. By signing the Agreement with RCO, the sponsor certifies that neither it nor its principals nor any other lower tier participant are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily' excluded from participation in this transaction by Washington State Labor and Industries. Further, the sponsor agrees not to enter into any arrangements or corrtracls related to this Agreement with any party that is on the 'Contractors not Allowed to Bid on Public Works Projects' IlsL SECTION 9. RECORDS Nlairetananee. The sponsor shall maintain books, records, documents, data and other evidence relating to this Agreement and performance of time services described herein, including but not limited to accounting procedures and practices, which sufficiently and property reflect all direct and indirect costs of any nature expended in the performance of this Agreement Sponsor shall retain such records for a period of six years from the date RCO deems the pmjed complete, as defined In Section 11: Project Reimbursements. If any litigation, dawn or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. B. Access to Records and Data. At no additional Cost, the records relating to the Agreement, including materials generated under the Agreement, shall be subject at all reasonable times to inspection, review or audit by RCO, personnel duly authoraed by RCO, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or Agreement This Includes access to all information that supports the coats submitted for payment under the grant and all findings, conclusions, and recommendations of the sponsors reports, including computer models and methodology for those models. Public Records. Sponsor aclmowledges that the RCO is subject to RCW 42.56 and that this Agreement and any records sponsor submits or has submitted to the State shall be a public retard as defined In RCW 42.56. RCO administers public records requests per WAC 286-06. By submitting arty record to the state, sponsor understands that the State may be requested to disclose or copy that record under the state public records law, currently codified at RCW 42.86. The sponsor warrants that a possesses such legal rights as are necessary to permit the State to disclose and copy such document to respond to a request under state public records laws. The sponsor hereby agrees to release the State from any claims arising out of allowing such review or copying pursuant to a public records act request, and to indemnify against any claims arising from allowing such review or copying and pay the reasonable cost of state's defense of such claims. SECTION 10. PROJECT FUNDING AND COSTS A. Additional Amounts. The RCD shall not be obligaled to pay any amount beyond the dollar amount as identified in this Agreement, uniess an additional amount has been approved in advance by the director and incorporated by written amendment into this Agreement, B. Before the Agreement No expenditure made, or obligation Incurred, by the sponsor before the project start date Ghali be eligible for grant funds, In whole or in part, unless specifically provided for by RCO policy or the director, such as a waiver of retroactivliir or program Specific eligible p"reement costs. For reimbursements of such costa, this Agreement must be fully executed and an original received by RCO. The dollar amounts identified In this Agreement may be reduced as necessary to exclude any such expenditure from reimbursement C• Requirements for Federal Subawarts. Pre -agreements costs before the federal award date in Section F: Project Funding Amount are ineligible unless approved by the federal award agency (2 C.F.R § 200.458 (2013)). D. Alper the Portod of Performance. No expenditure made, or obligation incurred, following the period of performance shall be eligible, in whole or in part, for grant funds hereunder. In addition to any remedy the RCO may have under this Agreement, the grant amounts identified in this Agreement shall be reduced to exclude any such expenditure from participation. RCO 16-18600 Page 9 or 23 SECTION 11. PROJECTREIMIiRSEMENTS A. Reimbursement Basis. This Agreement Is administered on a reimbursement basis. The sponsors may only request reimbursement for eligible and allowable costs incurred during the period of performance. The sponsor may only request reimbursement after (1) this Agreement has been fully executed and (2) the sponsor has remitted payment to its vendors. RCO will authorize disbursement of project funds only on a reimbursable basis at the percentage as defined in Section F: Project Funding Amount Reimbursement shall not be approved for any expenditure not incurred by the sponsor or for a donation used as part of €ts matching shere. RCO does not reimburse for donations, which the sponsor may use as part of its percentage. All reimbursement requests must Include proper documentation of expenditures as required by RCO. 8. Escrow Payments. Direct payment to an escrow account of the RCO's share of the approved cost of real properly and related coats may be made following RCO approval when the sponsor indicates a temporary lack of hinds to purchass the property on a reimbursement basis. Prior to release of the RCO's share into escrow, the sponsor must provide the RCO with a copy of a binding agreement between the sponsor and the sailer, all required documentation, and evidence of deposit of the sponsor's share Into an escrow account. C. Reimbursement Request Frequency. Sponsors are encouraged to send RCO a reimbursement request at least quarterly. Sponsors are required to submit a reimbursement request to RCO, at a minimum for each project at least once a year for reimbursable activities occurring between July 1 and June 30 or as identired in the milestones. Sponsors must refer to the most recently published/adopted RCO policies and procedures regarding reimbursement requirements. D• Compllance and Payment. The obligation of RCO to pay any amount(s) under this Agreement is expressly conditioned on strici =nplience with the terms of this Agreement by the sponsor. E. Retainage Held lintll Project Complete. RCO reserves the right to withhold disbursement of up to the final ten percent (10%) of the total amount of the grant to the sponsor until the project has been completed. A project is considered "complete" when: 1. All approved or required activities outlined in the Agreement are done; 2. On -she signs as In place (if applicable); 3. A final project report is submitted to and accepted by RCO; 4. Any other required documents ere complete and submitted to RCO; 5. A final reimbursement request is submitted to RCO; 6. The completed project has been accepted by FICO; 7. Final amendments have been processed; B. Fiscal transactions are complete; and 9. RCO has accepted a final boundary map, if required for the project, for which the Agreement terms will apply in the future. F Sources of Eligible Match. Applicant resources used to match board funds must be eligible in the grant program. Sources of snatching resources include, but are not limited to, any one or more of the following: 1. Appropriations and cash; 2. Value of the applicants expenses far labor, materials, and equipment; 3. Value of donated real property, labor, services, materials, and equipment use; and 4. Other state or federal funds. G. Requirements for Federal Subawards: Match. The sponsors matching share must comply with 2 C_F.R. § 200.306 (2013). Arty shared costs or matching funds and all contributions. including cash and third party i 4drid contributions, must be accepted as part of the sponsor's matching share when such contributions meet all of the following criteria: 1. Are verifiable from the non -Federal entity's (sponsors) records; 2. Are not Included as contributions for ary other Federal award; 3. Are necessary and reasonable for accomplishment of project or program objectives; 4. Are allowable under 2 C.F.R. Part 200. Subpart E -Cost Principles (2013); 5. Are not paid by the Federal Government under another Federal award, except where the Federal statute authorizing a program specifically provides that Federal funds made available for such program can be applied to matching or cost sharing requirements of other Fedaral programs; S. Are provided for In the approved budget when required by the Federal awarding agency identified in Section G: Federal Fund Information of this Agreement; and 7. Conform to other provisions of 2 C.F.R. Part 200, Subpart 1 -Post Federal Award Requirements (2013), as applicable. RCO 16-186CC Page to of 23 H. Requirements for Federal Subawards- Close out. Per 2 C.F.R § 200.343 (2013), the non -Federal entity (sponsor) must: 1. Submit, no later then 90 calendar days after the end date of the period of performance, all financial, performance, and other reports as required by the terms and conditions of the Federal award. The Federal awarding agency or pass-through entity (RCO) may approve extensions when requested by the sponsor. 2. Liquidate all obligations Incurred under the Federal award not later than 90 calendar days after the end date of the period of performance as specified in the terms and conditions of the Federal award. 3. Refund any balances of unabligated cash that the Federal awarding agency or pass-through entity (RCO) paid in advance or paid and that are not authorized to be retained by the non -Federal entity (sponsor) for use in other projects. See OMB Circular A-129 and see 2 C.F.R § 200.343 Collection of amounts due (2013), for requirements regarding unretumed amounts that become delinquent debts. 4. Account for any real and personal property acquired with Federal funds or received from the Federal Government in accordance with 2 C.F.R §§ 200.310 insurance coverage through 200.316 Property trust relationship and 200.328 Reporting on real property (2013) - SECTION 12. ADVANCE PAYMENTS Advance payments of or in anticipation of goods or services are not allowed unless approved by the RCC director and are consistent with legal requirements and Manual 8: Reimbursements. SECTION 13. RECOVERY OF PAYMENTS A. Recovery for Noncompliance. In the event that the sponsor fails to expend Lunde under this Agreement in accordance vrith state and federal laws, an applicable report from the state auditor's office, and/or the provisions of the Agreement, or meet its percentage of the project total, RCO reserves the right to recover grant award funds in the amount equivalent to the extent of noncompliance in addition to any other remedies available at law or in equity. B. Overpayment Payments. The sponsor shall reimburse RCO for any overpayment or erroneous payments made under the Agreement. Repayment by the sponsor of such funds under this recovery provision shall occur within 30 days of demand by RCO. interest shall accrue at the rate of twelve percent (12%) per annum from the time that payment becomes due and owing. C. Requirements for Federal Subawards. The pass-through entity (RCO) may impose any of the remedies as authorized In 2 C.F.R §§ 200-207 Specific conditions andfor 200-338 Remedies for noncompliance (2013). D. DepoePt In State Account. Arty recovery of payments in this section will be deposited to the appropriate state account as identified in Section F: Project Funding - SECTION 14. COVENANT AGAINST CONTINGENT FEES The sponsor warrants that no person or selling agent has been employed or retained to solicit or secure this Agreement on an Agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agents maintained by the sponsor for the purpose of securing business. RCO shall have the right, in the event of breach of this dause by the sponsor, to Aminate this Agreement vdthmA liability or, in its discretion, to deduct from the Agreement grant amount or consideration or recover by other means the full amount of such commission, percentage. brokerage or contingent fee. SECTION 16. INCOME AND USE OF INCOME A. Income. Compatible source. The source of any Mmme generated in a funded project or project area must be compatible with the funding source and theAgreement. 2- Fees. User and/or other fees may be charged in connection with land acquired or facilities developed, maintained, renovated, or restored If the fees are consistent with the: a. Value of any service(s) famished; b. Value of any opportunities furnished; and c. Prevailing range of public fees in the stats for the activity involved. B. Use of income. Regardless of whether income or fees in a project work site (including entrance, utility corridor permit, cattle grazing, limber harvesting, farming, etc.) are gained during or after the reimbursement period cited in the Agreement, unless preduded by stale or federal law, the revenue may only be used to offset: 1. The sponsor's matching resources; 2- The project's total cost; 3. The expense of operation, maintenance, stewardship, monitoring, and/or repair of the facility or program assisted by this project; 4. The expense of operation, maintenance, stewardship, monitoring, and/or repair of other similar units in the sponsor's system: and/or 5. Capital expenses for similar acquisition andlor development and renovation. C. Itqulremen s for Federal Subawards. Sponsors must also comply with 2 C.F.R_ § 200.307 Program income (2013). RCO 16-1860C Page 11 of 23 SECTION 16. PROCUREMENT REQUIREMENTS A. Procurement Requiremerrta, If sponsors have a procurement process that follows applicable state and/or required federal procurement principles, it must be followed_ If no such process exists the sponsor must follow these minimum procedures; 1. Publish a notice to the public requesting bldslproposals for the project; 2. Specify in the notice the date for submittal of bids/proposals; 3. Specify In the notice the general procedure and criteria for selection; and 4. Comply with the same legal standards regarding unlawful discrimination based upon race, ethnicity, sex, or sex -orientation that are applicable to state agencies in selecting a bidder or proposer. Thin procedure creates no rights for the benefit of third parties, including any proposers, and may not be enforced or subject to review of any kind or manner by any other entity other than the RCO. Sponsors may be required to certify to the RCO that they have followed any applicable state and/or federal procedures or the above minimum procedure where state or federal procedures do not apply. B. Requirements for Fadoral Subawardn. For all Federal subawards, non -Federal entities (sponsors) must follow 2 C.F.R §§ 200.318 General procurement standards through 200.328 Contract Provisions (2013). SECTION 17. TREATMENT OF EQUIPMENT A. Discontinued Use_ Equipment shall remain in the possession of the sponsor for the duration of the project or applicable grant program. When the sponsor discontinues usa of the equipment for the purpose far which it was funded, RCO will require the sponsor to deliver the equipment to RCO, dispose of the equipment according to RCO polities, or return the fair market value of the equipment to RCO. Equipment shall be used only for the purpose of thisAgreement, unless otherwise provided herein or approved by RCO in writing. B. Loss or Damage. The sponsor shall be responsible for any loss or damage to equipment which results from the negligence of the sponsor or which resu8a from the failure on the part of the sponsor to maintain and administer that equipment in accordance with sound management practices_ C. Requirements for Federal Aubawarde. Procedures for managing equipment (Including replacement equipment), whether acquired In whole or in part under a Federal award, until disposition takes place will, as a minimum, moot the following requirements (2 C.F.R § 200.313 (2013)): 1. Properly records must be maintained that include a description of the property, a serial number or other identification number, the source of funding for the property (nduding the FAIM, who holds title, the acquisition date, and cost of the property, percentage of Federal participation in the project costs forthe Federal award under which the property was acquired, the kmation, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property. 2. A physical Inventory of the property must be taken and the results reconciled with the property records at least once every two years. 3. A control system must be developed to ensure adequate safeguards to prevent toss, damage, or theft of the property. Any lass, damage, or theft must be Investigated. 4. Adequate maintenance procedures must be developed to keep the property In good condition. 5. If the non -Federal entity Is authorized or required to sed the property, proper sales procedures must be established to ensure the highest possible return. SECTION 16. RIGHT OF INSPECTION The sponsor shall provide right of access to the project to the RCO, or any of its officers, or to any other authorized agent or official of the state of Washington or the federal govemment, at all reasonable times, in order to monitor and evaluate performance, compliance, andlor quality assurance underthis Agreement_ If a landowner agreement or other form of control and tenure as described in Section 22_B: Control and Tenure has been executed, It will further stipulate and define the RCO right to Inspect and access lands acquired or developed with funding assistance. SECTION 16. STEWARDSHIP AND MONITORING Sponsor agrees to perform monitoring and ebwmrdship functions as stated in policy documents approved by the RCO. Sponsor further agrees to utilize, where applicable and financially feasible, any monitoring protocols recommended by the RCO. SECTION 20. PREFERENCES FOR RESIDENTS Sponsors shall not express a preference for users of grant assisted projects on the basis of residence (including preferential reservation, membership, and/or permit systems) except that reasonable differences in admission and other fees may be maintained on the basis of residence. Even so, the RCO discourages the Imposition of dHiereatial fees. Fees for nonresidents must not exceed twice the fee imposed an residents. When: there is no fee for residents but a fee is charged to nonresidents, the nonresident fee shall not exceed the amount that would be imposed on residents at comparable state or local public facilities. RCO 1B -1860C Page 12 of 23 SECTION 21. ACKNOWLEDGMENT AND SIGNS A. Publications. The sponsor shall include language which acknowledges the funding contribution of the applicable grant program to this project in any release or other publication developed or modified for, or referring to, the project during the project period and in the future. B. Signs. The sponsor also shall post signs or other appropriate media during the period of performance and in the future at prosect entrances and other locations on the project which admowledge the applicable grant program's funding contribution, unless exempted in the RCO policy or waived by the director. C. Ceremonles. The sponsor shall notify RCO no later than two weeks before a dedication ceremony for this project. The sponsor shall verbally acknowledge the applicable grant program's funding Contribution at all dedication ceremonies. D. Federally Funded Projects. When Issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing a project funded in whole or In part with federal money provided for in this grant, sponsors shall dearly state: 1. The fund source; 2. The percentage of the total costs of the project that is financed with federal money; 3. The dollar amount of federal funds for the prajed and 4. The percentage and dolla r amount of the total costs of the project that is financed by nongovernmental sources. SECTION 22. PROVISIONS APPLYING TO DEVELOPMENT, MAINTENANCE, RENOVATION, AND RESTORATION PROJECTS The following provisions shall be in form only If the project described In this Agreement is for construction of land or facilities in a development, maintenance, ranovaillon or restpmtion project A_ Document Review and Approval. The sponsor agrees to submit one copy of all construction plans and specifications to RCO for review prior to implementation or as otherwise identified in the milestones. Review and approval by RCO will be for compliance with the terms of this Agreement. Only change orders that impact the amount of funding or changes to the scope of the project as described to and approved by the RCO must receive prior written approval. a. Control and Tenure. The sponsor must provide documentation that shows appropriate tenure (landowner agreement, long-term lease, easement, or fee simple ownership) forthe land proposed for construction. The documentation must meet current RCO requirements identified In the appropriate grant program policy manual as of the effective date of this Agreement C. Nondiscrimination. Except where a nondiscrimination clause required by a federal funding agency is used, the sponsor shall insert the following nondiscriminatlon clause in each contract for construction of this project "During the performance of this contract, the contractor agrees to comply with all federal and state nondiscrimination laws, regulations and policies' D. Use of Best Manegsment Practices. Sponsors are encouraged to use best management practices developed as part of the Washington StateAquafic Habitat Guidelines (AHG) Program. AHG documents indude'Integrated Streambank Protection Guidelines'. 2002; 'Protecting Nearshore Habitat and Functions in Puget Sound', 2010; 'Stream Habitat Restoration Guidelines', 2012; 74athr Crossing Design Guidelines', 2013; and 'Marine Shoreline Design Guidelines', 2014. These docurnents, along with new and updated guldance documents, and other information are available on the AHS Web site. Sponsors are also encouraged to use best management practices developed by the Washington Invasive Spedes Council (WSC) described in 'Reducing Accidental Introductions of Invasive Species' which is available on the WISC Web site. SECTION 23. PROVISIONS APPLYING TO ACQUISITION PROJECTS The following provisions shall be in force only if the project described In this Agreement is an acquisition project: A. Evidence of Land Value. Before disbursement of funds by RCO as provided under this Agreement, the sponsor agrees to supply documentation acceptable to RCO that the cost of the property rights aoquired has been established according to RCO policy. B. Evidence of Title. The sponsor agrees to provide documentab on that shows the type of ownership interest for the property that has been acquired. This shall be done before any payment of financial assistance. C. Legal Description of Real Property Bights Acquired. The legal description of the real property rights purchased with funding assistance provided through this project Agreement (and protected by a recorded conveyance of rights to the State of Washington) shall be incorporated into the Agreement before final payment, D. Conveyance of Rights to the State of Washington. When real property rights (both fee simple and lesser Interests) are acquired, the sponsor agrees to execute an appropriate document conveying certain rights and responsibilities to ROO, on behalf of the State of Washington. These documents include a Dead of Right. Assignment of Rights, Easements and/or Leases as described below. The sponsor agrees to use document language provided by RCO, to record the executed document in the County where the real property lies, and to provide a ropy of the recorded document to RCO. The document required will vary depending on the project type, the real property rights being acquired and whether or not those rights are being acquired In perpetuity. Deed of Right The Deed of Right conveys to the people of the state of Washington the right to preserve, protect, and/or use the property for public purposes consistent with the fund source. Sponsors shall use thEs document when acquiring real property rights that include the underlying land_ This document may also be applicable for those easements where the sponsor has acquired a perpetual easement for public purposes. RCO 16-1860C Page 13 of 23 2_ Assignment of Rights. The Assignment of Rights document transfers certain rights such as access and enforcement to RCO. Sponsors shall use this document when an easement or lease is being acquired for habitat conservation or salmon recovery purposes. The Assignment of Rights requires the signature of the underlying landowner and must be incorporated by reference in the easement document. 3. Easements and Leases. The sponsor may incorporate required language from the Dead of Right or Assignment of Rights directly Into the easement or tease document, thereby eliminating the requirement for a separate document. Language will depend on the situation; sponsor must obtain RCO approval on the draft language prior to executing the easement or lease. E. Real Properly Acquisition and Relocation Assistance. 1. Federal Acquisition Policies. When federal funds are part of this Agreement, the sponsor agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real Properly Acquisition Policies Act of 1970, 84 Stat 1894 (7970)—Public Law 8148, as amended by the Surface Transportation and Uniform Relocation Assistance Act, PL 100-17-1987, and applicable regulations and procedures of the federal agency Implementing thatAct. 2. State Acquisition Policies. When State funds are part of this Agreement, the sponsor agrees to comply whth the terms and conditions of the Uniform RelocatlonAssistance and Real Property Acquisition Policy of the State of Washington. RCW 8.25, and WAC 465-100. 3. Housing and Relocation. In the event that housing and relocation costs, as required by federal law set out in subsection (1) above and/or state law set out in subsection (2) above, are Involved in the execution of this project, the sponsor agrees to provide any housing and relocation assistance required. 4. Condemnation. Acquisition of real property through or as a direct result of condemnation Is not eligible forfunding in this Agreement Acquisition of reel properly must be on a willing -seller basis. Buildings and Structures. In general, grant funds are to be used for outdoor recreation, habitat conservation, or salmon recovery. Sponsors agree to remove or demolish ineligible structures. Sponsors must consult RCO regarding compliance with Section B.C.; Archaeological and Cultural Resources before structures are removed or demolished. G. HazardousSubstances. 1. Certification. The sponsor shall inspect, investigate, and conduct an environmental audit of the proposed acquisition alto for the presence of hazardous substances, as defined in RCW 70.1 05D.020(i 0). and certify: a. No hazardous substances were found on the site, or b. Any hazardous substances found have been treated and/or disposed of In compliance with applicable slate and federal laws, and the site doomed 'dean! 2. Responsibility. Nothing in this provision alters the sponsors duties and liabilities regarding hazardous substances as set forth in RCW 70.105D. 3 Bold Harmless. The sponsor will defend, protect and hold harmless the RCO and any and all of its employees and/or agents, from and against any and all liability, cost (including but not limited to all costs of defense and attorneys' fees) and any and all loss of any nature from any and all claims or suits resulting from the presence of, or the release or threatened release of, hazardous substances on the property the sponsor is acquiring. H. Requirements for Federal Subawards. The non -Federal entity (sponsor) must submit reports at least annually on the status of real property in which the Federal Government relains an interest, unless the Federal Interest in the real property m elands 15 years or longer. In those instances where the Federal Interest attached is for a period of 13 years or more, the Federal awarding agency or the pass-through entity (RCO), at its option, may require the sponsor to report at various multi-year frequencies (e.g.. every two years or every three years, not to exceed a five-year reporting period; or a Federal awarding agency or RCO may require annual reporting for the first three years of a Federal award and thereafter require reporting every five years) (2 CY R § 200.329 (2013)). SECTION 24. RESTRICTION ON CONVERSION OF REAL PROPERTY AMOR FACILITIES TO OTHER USES A. Restriction on Conversion. The sponsor shall not at any time convert arty real property (including arty interest therein) acquired, or facility developed, maintained, renovated, and/or restored pursuant to this Agreement to uses other than those purposes for which funds were approved without prior approval of the RCO In compliance with applicable statutes, rules, and RCO policies_ it is the intent of the RCO's conversion pdicy, current or as amended in the future, that all real property acquired or any project facilities developed, maintained. renovated, and/or restored with funding assistance remain in the public domain in perpetuity unless otherwise Identified in Section E: On-going Obligations or as approved by the RCO. B. Conversions Defined. A conversion occurs under arty of the following circumstances: 1. Conveyance. Interests in real properly are conveyed for purposes Inconsistent with the intent of the Agreement and the funding source. Interests in real property include, but are not limited to, options, rights of first refusal, conservation easements, leases, and mineral rights. 2. Use. Nan-allgible uses (public or private) are matte of the project area nr a portion of the project area, 3. t:llgibility. Non -eligible flacilities are developed with the project area without prior approve of the RCO. 4. Termination of Use/Non-Conformance. The property acquired or the project developed or restored no longer meets or conforms to the purpose of this Agreement or the funding source. 5. Public Access. Closure of public access sites is for longer than 180 consecutive days. RCO 16-1860C Page 14 of 23 C. Remedies for a Conversion. The RCO shall only approve a conversion when the sponsor has demonstrated the following; 1. All practical alternatives to the conversion have been evaluated and rejected; and 2. The sponsor agrees to replace the entire project area or the portion of the project area affected by the conversion and assume the obligations described In Section E: On-going Obligations on the replacement property orfeclities. The replacement must: (a) Be of equivalent or greater usefulness and location as the original project in this Agreement (b) Be managed by the sponsor unless otherwise approved by the RCO; (c) Be eligible to receive a grant from the source of funds from which this project was originally funded, unless otherwise authorized by RCO; (d) If an acquisition project, be interest in real property of at Least equal market value and public benefit at the time of replacement; (e) If a development, renovation, or maintenance project, provide a facility of at laast equal market value and public benefit as that which existed at the time of the original investment of RCO funds; and (f) If a restoration project, provide restoration activities necessary to replicate the ecological benefit intended by the project; and 3. Publish a notice afthe proposed conversion and replacement and provide the public an opportunity to eomme t; D. Change of Use. When approved by RCO, certain activities within the eligible scope activities of this project may be removed from thisAgreement without Invoking a conversion. Removing activities is allowed when the RCO determines that the activities are not needed or cannot be ruined due to one or more of the following conditions: 1. Obsolescence, 2. Extraordinary vandalism, 3. Acts of nature, 4. Designed useful service life expectancy reared, 5. Faa, S. Property or property rights lost as a result of legal action. or 7. National Trails System Act reversion order. E. Documentation. Any conversion or change of use will be documented through a formal written amendment to this Agreement and signed by RCO and the sponsor. SECTION 23. CONSTRUCTION, OPERATION, USE AND NAINTENANCE OF ASSISTED PROJECTS The following provisions shell be in force only if the project described in this Agreement Is an acquisition, development, maintenance, renovation or restoration project: A. Property and facility operation and maintenance. Sponsor must ensure that properties or facilities assisted with the RCO funds, including undeveloped allies, are built, operated, used, and maintained: 1. Adoording to applicable federal, state, and local laws and regulations, induding public health standards and building odes. 2. in a reasonably safe condition for the project's intended use. 3. Throughout its estimated useful service life so as to prevent undue deterioration. 4. In compliance with all federal and state nondiscrimination laws, regulations and policies. B. Open to the public. Facilities open and accessible to the general public must Be constructed and maintained to meet or exceed the minimum requirements of the most current local or state codes, Uniform Federal Ac cesslbgiy Standards, guidelines, or rules, including but not limited to: the International Building Code, the Americans with Disabilities Act, and the Architectural Barn mAct, as updated. 2. Appear attractive and inviting to the public except for brief installation, construction, or maintenance periods. 3. Be available for use by the general public without reservation at reasonable hours and times of the year, according to the type of area or facility. SECTION 26. PROVISIONS RELATED TO CORPORATE (INCLUDING NONPROFIT) SPONSORS A corporate sponsor, including any nonprofit sponsor, shall: A. Maintain corporate status with the state, including registering with the Washington Secretary of State's office, throughout the sponsor's obligation to the prajedt as Identified in the Agreement. B. Notify RCO prior to corporate dissolution at any time during the period of performance or long-term obligations. Within 30 days of dissolution, the sponsor shall name a qualified successor that will agree in writing to assume any on-going project responsibilities. A qualified successor is any party eligible to apply for funds in the subject grant program and capable of complying with the terms and conditions of this Agreement RCO will process an amendment transferring the sponsor's obligation to the qualified successor if requirements are met. C. Sites orfacilities open to the public may not require exclusive use, (e.g., members only). RCO 16-1860C Page 15 of 23 SECTION 27. PROMSIONS FOR FEDERAL SUBAWARDS ONLY The fallowing provisions shall be In force only if the project described In this Agreement is funded with a federal subaward as Identified in Section G: Federal Fund Information. A. Equal Employment Opportunity. Except as otherwise provided under 41 C.F.R. 60, all contracts that meet the definition of "fadenally assisted construction contract' in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under4l C_F,R. § 60-1.4(b), in accordance with Executive Order 11246. "Equal Employment Oppportunity' (30 Fed. Reg. 12319, 12935, 3 CF.R. 1964, 1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 C.F.R. § 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." Federally assisted construction contract means any agreement or modification thereof between any applicant and a person for construction work which is paid for to whole or in part with funds obtained from the Government or borrowed on the credit of the Govemment pursuant to any Federal program involving a grant, contract, loan, insuranoe, or guarantee, or undertaken pursuant to any Federal program Involving such grant, contract, loan, Insurance, or guarantee, or any application or modification thereof approved by the Government for a grant, contract, loan, Insurance, or guarantee under which the applicant itself participates in the construction work. (41 C.F.R. § 60-1.3) Construction work means the construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings. highways, or other changes or improvements to real property, including faa'lities providing utility services. The term also Includes the supervision, inspection, and other onsite functions incidental to the actual construction. (41 C.F.R. § 60-1.3) B. Davis -Bacon Act, as amended (40 U.S.C. 31413144 When required by Federal program legislation, all prime opnstruction contracts In excess of $2,000 awarded by non -Federal entities (sponsors) must include a provision for compliance with the Davis-BanonAct (40 U.S.C. 3141-3144, and 3146-314B) as supplemented by Department of Labor regulations (29 C.F.I. § 5, 'Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified In a wage determination made try the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non -Federal entity (sponsor) must place a Copy of the currant prevailing wage determination Issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federat entity {sponsor) must report all suspected or reported violations to the Federal awarding agency Identified in Section G: Federal Fund Information. The contracts must also include a provision for compliance with the Copeland "Anti-Wckbacle Act (40 U. S. C. 3145), as supplemented by Department of Labor regulations (29 C.F.R Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or In Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient (sponsor) must be prohibited from inducing, by any means, any person employed in the constriction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non -Federal entity (sponsor) must report all suspected or reported violations to the Federal awarding agency identified in Section G: Federal Fund Information. C. Contract Work Hours and Safely Standards Act (40 U.S.C. 8701.3708). Where applicable, all contracts awarded by the non -Federal entity (sponsor) in excess of $100,000 that involve ltre employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer an the basis of a standard work week of 40 hours. Work In excess of the standard work week Is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. D. Rights to Inventions Made Under a Contract orAgreemant If the Federal award meets the definition of 'funding agreemenr under 37 C.F.R § 401.2(a) and the recipient or subrecipient (sponsor) wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subreclplent (sponsor) must comply with the requirements of 37 C.F.R Part 401, "Rights to Inventions Made by Nonprofit Organlzatlons and Small Business Firms Under Government Gram, Contracts and Cooperative Agreements," and any Implemerrting regulations issued by the awarding agency. E. Clean AtrAct 142 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (39 U.S.C_ 1281 1387), as Amended. Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non -Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean AirAct (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S-C. 1251-1307).11rolations must be reported to the Federal awarding agency Identlfied in Section G: Federal Fund Information and the Regional Office of the Environmental Protection Agency (EPA). RCO 16-1860C Pape 18 ot23 F Byrd Anti -Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an award exceeding $100,000 must file the required certification_ Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress In connection with obtaining any Federal contract, grant or any other award covered by 31 U,S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining airy Federal award. Such disclosures are forwarded from tier to tier up to the non -Federal award. G. Procurement of Recovered Materials. A non -Federal entity (sponsor) that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Ad, as amended by the Resource Conservation and RecoveryAct. The requirements of Section 6002 inciude procuring only items designated in guldellnes of the Environmental Protection Agency (EPA) at 40 C.F.R part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a safisfactmy leve] of competition, where the purchase price of the Item exceeds $10,000 or the value of the quantity aequlmd during the preceding fiscal year exceeded $10,000; procuring solid waste management servioes in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. H. Required Insurance. The non -Federal entity (sponsor) must, at a minimum, provide the equivalent insurance Coverage for real property and equipment acquired or improved with Federal funds as provided to property owned by the non -Federal ar*. Federally owned property need not be insured unless required by the terns and conditions of the Federal award (2 C.F.R § 200.310 (2013)). 1. Debarment and Suspension (Executive Orders 12549 and 12689). The sponsor must net award a Contract (see 2 C.F.R § 180.220) to parties listed on the government-vvlde exclusions in tate System forAward Management (SAM), in accordance with the Office of Management and Budget (OMB) guidelfnea at 2 C.F.R § 180 that implement Executive Orders 12549 (3 C.F.R part 1986 Comp_, p. 189) and 12689 (3 C.F.R part 1989 Comp., p. 235),'Debarment and Suspension.' SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ine{igible under statutory or regulatory authority other than Ececutive Order 12349. SECTION 26. PROVISIONS FOR ESTUARY AND SALMON RESTORATION PROGRAM PRWECTS ONLY The following provisions shall be In force only if the project described in this Agreement is funded from the Estuary and Salmon Restoration Program or the Marine Shoreline Protection program. The sponsor shall comply with all applicable federal, Stale, and local laws, rules, and regulations In carrying out the terns and conditions of this Agreement A. Administrative Conditions 11- Cost Principle:. The sponsor agrees to comply with the cost principles of 2 C.F.R Part 200 (2013). Unless otherwise indicated, the Cost Pdndples apply to the use of funds provided under this Agreement and In-kind matching donations. The applicability of the Cost Principles depends on the type of organization incurring the costs. 2. Audit Requirements. The sponsor shall fully comply with requirements of 2 C.F.R. Part 200, Subpart F- Audit Requirements (2013), if applicable. See also Section F: Project Funding Amount. 3. Hotel -Motel Fire Safely Act Pursuant to 40 C.F.R. 30.18, If applicable, and 15 U.S.0 2225a, sponsor agrees to ensure that all space for conferences, meetings, conventions, or training seminars funded in whole or in part with federal funds complies with the protection and control guidellnes of the Hotel and Motel Fire Safety Act (PL 101-391, as amended. The sponsor may search the Hoteiaidotel National Master List at: http•Ilwww.usfa.dhs,govlapplicatfonslhotal to see if a property is in oomplierme (FEMA ID is currently not required), or to find other information about the Act. 4_ Recycled Paper Institullons of Higber Education Hospitals and Non -Profit Organisations. In accordance with 40 C.F.R 30.16, sponsor egress to use recycled paper and double -sided printing for all reports which are prepared as a part of this Agreement and delivered to EPA. This requirement does not apply to reports prepared on form supplied by EPA, or to Standard Forms, which are printed on recycled paper and are available through the General Services Administration. Stats Agencies and Political Subdivisions. In accordance with Section 6002 of the Resource Conservation and Recovery Act (RCRA) (42 U.S.C. 6962) any State agency or agency of a political subdivision of a State which is using appropriated Federal funds shall comply with the requirements set forth_ Regulations issued under RCRA Section 6002 apply to any acquisition of an item where the purchase price exceeds $10,000 or where the quantity, of such items acquired in the course of the preceding fiscal year was $10,000 or more. RGRA Section 6002 requires that preference be given in procurement programs to the purchases of specific products containing recycled materials Identified in guidelines developed by EPA. These guidelines are listed In 40 C.F.R. 247. State and focal Institutions of Higher Education and Non -Profit Organizations. In accordance with 40 C.F_R_ § 30.16, State and local institutions of higher education, hospitals, and non-profit organizations that receive direct Federal funds shall give preference in their procurement programs funded with Federal funds to the purchase of recycled products pursuant to EPA's guidelines_ RCO 16-1860C Page 17 or 23 d. State Tribal and Local Government Recipients, In a=rdance with the policies set forth in EPA Order 1000.25 and Executive Order 13423, Strengthening Federal Environmental, Energy and Transportation Management (January 24, 2007), the sponsor agrees to use recycled paper and doubts sided printing for all reports which are prepared a part of this Agreement and delivered to EPA. This requirement does not apply to reports prepared on forms suppled by EPA, or to Standard Forms, which are printed on recycled paper and are available through the General Services Administration. Lobbying. The sponsor agrees to comply with Title 40 C.F_R_ Part 34, New Restrictions on Lobbying_ The sponsor shall include the language of this provision in award documents for all sub -awards exceeding $100,000, and require that sub-awardees submit certification and disclosure forms accordingly. In accordance with the Byrd Anti -Lobbying Amendment, any recipient who mattes a prohibited expenditure under Title 40 C.F.R. Part 34 or fails to fife the required certification or lobbying forms shall be subject to a cnnI penalty of not less than $10,000 and not more than $100,000 for each expenditure. See also Section 11; Compliance with Applicable Federal Laws. a. Part 30 Reclplents. All contracts awarded by the sponsor shall contain, when applicable, the anti -lobbying provisions as stipulated in the Appendix at Title 40 CFR Part 30. Pursuant to Section 1 B of the Lobbying Disclosure Act, the sponsor affirms that it is not a non-profit organf¢atlon described in Section 501(x)(4) of the Internal Revenue Code of 1986; or that it Is a non-profit organization described In Section 501(x)(4) of the Code but does not and will not engage in lobbying activities as defined In Section 3 of the Lobbying Disclosure Act. b. Lobbying and Litigation. The sponsor's chief executive officer shall ensure that no grant funds awarded under this Agreement ane used to engage In lobbying of the Federal Government or In Iitlgation against the United States unless authorized under existing law. The sponsor shall abide by Its respective Appendix in 2 C.F.R. Part 200, which prohlbits the use of Federal grant funds for litigation against the United Slates or for lobbying or other political activities. 6. Suspension and Debarment The sponsor shag fully comply with Subpart C of 2 C.F_R. Part 180 and 2 C.F.R. Part 1532, entitled 'Responsibilities of Participants Regarding Transaction (Doing Business with Other Persons)'. The sponsor is responsible for ensuring that any lower tier covered transaction as described in Subpart B of 2 C.F.R. Part 180 and 2 C.F,R_ Part 1532, entitled 'Covered Transectlons', includes a term or condition requiring compliance with Subpart C. The sponsor is responsible for further requiring the inclusion of a similar term or conclt6'on in any subsequent lower tier covered transactions. The sponsor acknowledges that failing to disclose the information as required at 2 C.F.R. 1180.335 may result in the delay or negation of this assistance agreement, or pursuance of legal remedies, Including suspension and debarment The sponsor may access the Excluded Parties List System at: httpJlwww.epls.gov. This term and condition supersedes EPA Form 570049, 'Cerllfication Regarding Debarment, Suspension. and Other Responsibility Matters'_ See also Sedan 27; Provisions for Federal Subawards Only. 7. Drug -Free Workplace CerMatlon. The sponsor must make an ongoing, good faith effort to maintain a drug-free workplace pursuant to the specific requirements set forth in 2 C.F.R. Part 1536 Subpart B. Additionally, In aocordance with these regulations, the sponsor must identify all known workplaces under its federal award; and keep this information on file during the performance of the award, a. Sponsors who are individuals must comply with the drug-free provisions set forth in 2 C.F.R. Part 1536 Subpart C. b. The consequences for violating this condition are detailed under 2 C.F.R. Part 1538 Subpart E. The sponsor can access 2 C.F.R Part 1536 at httpJlecfr.gposcoess.gov. 8. Management Fees. Management lees or similar charges in excess of the direct costs and approved Indirect rates are not allowable. The term "management fees or similar charges" refers to expenses added to the direct oasts in order to accumulate and reserve funds for ongoing business expenses, unforeseen Ilabililles, or for other similar costs which are not allowable under this assistance agreement. Management fees or similar charges may not be used to Improve or expand the project funded under this AgmemenL except to the extent authorized as a direct Cost of carrying out the scope of work. 9. Reimbursement Limitation. If the sponsor expends more than the grant amount in this Agreement in its approved budget in anticipation of receiving additional funds, It does so at its own risk. The Federal Government and RCO is not legally obligated to reimburse the sponsor for costs incurred in excess of the approved budget See also Section 11: Project Reimbursements. 10. Trafficking In Persons. The following prohibition statement applies to the sponsor, and all sub-awardees of the sponsor. The sponsor must Include this statement In all sub -awards made to any private entity under this Agreement "YOU AS THE SUB -RECIPIENT, YOUR EMPLOYEES, SUB-AWARDEES UNDER THIS AWARD, AND SUB-AWARDEES' EMPLOYEES MAY NOT ENGAGE IN SEVERE FORMS OF TRAFFICKING IN PERSONS DURING THE PERIOD OF TIME THAT THE AWARD IS IN EFFECT; PROCURE A COMMERCIAL $EXACT DURING THE PERIOD OF TIME THAT THE AWARD IS IN EFFECT; OR USE FORCED LABOR IN THE PERFORMANCE OF THE AWARD OR SUB-AVVARDS UNDER TW S AWARD." 11. DUNS and CCR Requirements. Unless otherwise exempted from this requirement under 2 C.F.R_ § 25.1`10, the sponsor must maintain the currency of its information in the Central Contractor Registry (CCR) until submission of its final financial report required under this Agreement or receive the final payment, whichever is fatter. The sponsor may not make a sub -award to any entity unless the entity has provided its DUNS number to the sponsor. RCO 16-1860C Page 15 of 23 12. FY2011 ACORN Funding Restrlctlon. No funds provided under this Agreement maybe used for sub-awanislsub-grants or contracts to the Association of Community Organizations for Reform NOW (ACORN) or any of its subsidiaries. 13. Disadvantaged Business ErNerprlse Requirements, General Compliance. The sponsor agrees to comply with the requirements of EPA's Program for Utilization of Small, Minority and Women's Business Enterprises in procurement under assistance agreements, contained in 40 C.F.R_ Part 33, 14. Sub-Awarda. if the sponsor makes sub -awards under this Agreement, the sponsor Is responsible for selecting its sub-awardees and, if applicable, for conducting sub -award competitions. The sponsor agrees to: a. Establish all sub -award agreements in writing; b. Maintain primary responsibility for ensuring successful completion of the approved project (SPONSORS CANNOT DELEGATE OR TRANSFER THIS RESPONSIBILITY TO A SUB-AWARDEE); c- Ensure that any sub4 wards comply with the standards to 2 C.F.R. Part 200, and are not used to acquire commercial goods or services for the sub-swardee; d. Ensure that any sub -awards to 501(c)(4) organizations do not involve lobbying activities; e. Monitor the performance of sub-awardeas, and ensure sub -awarders comply with all applicable regulations, statutes, and terms and conditions which flow down In the sub -award; f- Obtain RCO'a consent before making a sub -award to a foreign or international organization, or a sub -award to be perforated in a foreign country; and g. Obtain approval from RCO for any new sub award work that Is not outlined in the approved work plan in accordance with 40 C.F.R. Parts 3025 and 31.30, as applicable. 15. Federal Employees. No Subcontract or grard funds may be used to provide any Federal Employee transportation assistance, reimbursement, and any other expense. 16- FlyAmeri s Act The sponsor agrees to comply with 49 U.S.C. 40118 (the `Fly Americo" act) in accordance with the General ServicesAdministratior?a regulations at 41 C.F.R. Part 301-10, which provide that recipients and subreclplents of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S. Government -financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier Is a matter of necessity, as defined by the Fly America Act. The sponsor shall submit, If a foreign air carrier was used, an appropriate cartific ation or memorandum adequately explaining why service by U.S. Seg air carrier was not available or why it was necessary to use a foreign air carrier and shall, In any event, provide a cerfiflcate of compliance with the FlyAmerica requirements. The sponsor agrees to include the requirements of this section in all subcontracts that may involve international air transportation. 17. Recovered Materials. The sponsor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 5962), Including but riot limited to the regulatory provisions of 40 G.F.R. Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 C.F.R. Part 247. See also Section 27: Provisions for Federal Subawards Only. 18. Copeland "Anil-KickbaW Act All contracts and subgrants in excess of $2,000 for construction or repair awarded by recipients and subrectpients shall include a provision for compliance with the Copeland "Anti gckbaek" Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 C.F.R. Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed er Whole or In Part by Loans or Grants from the United Stateal. The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed In the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to the Federal awarding agency. See also Section 27: Provisions for Federal Subawards Only. 19. Davis Baeen Act, as amended (40 U.S.C. 276a to a4)- When required by Federal program leglslatian, all construction contracts awarded by the recipients and subredpients of more than $2,000 shall include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 276a to a-7) and as supplemented by Department of Labor regulations (29 C.F.R. Part 5, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction"). Underthis Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less then once a week. The recipient shall place a copy of the current prevailing wage determination Issued by the Department of Labor in each solicitation and the award of a Contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported violations to the Federal awarding agency. See also Section 27. Provisions for Federal Subawards Only, RCO 16-1860C Page 19 of 23 20. Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333). Where applicable, all contracts awarded by recipients in excess of $2000 for construction contracts and in excess of $2,500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with Sections 902 and 107 of the Contra & Work Hours and Safety Standards Act (40 U.S.C. 327-333), as supplemented by Department of Labor regulations (29 C.F.R. Part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than 1 112 times the basic rate of pay for all hours worked in excess of 40 hours in the work weak. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of suppBes or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelilgencs. Sae also Section 27: Provisions for Federal Subawards Only. 21. Rights to Inventions Made Under it Contrast or Agreement Contracts or agreements for the performance of experimental, developmentat, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention In accordance with 37 C.F.R. Part 401, "Rights to Inventions made by Nonprofit Organizations and Small Business Finns Under Government Gram, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. See also Section 27: Provisions for Federal Subawards Only. 22• FY12 APPR ACT: Unpaid Federal Tax liabilities and Federal Felony Convictions. This Agreement is subject to the provisions contained in the Department of interior, Environment, and Related Agencies Appropriations Act, 2012, HR 2055, Division E, Sections 433 and 434 regarding unpaid federal tax liabilities and federal felony convictions. Accordingly, by accepting this award the recipient acknowledges that it (1) is not subject to any unpaid Federal tax lability that has been assessed, for which ail judicial and adminMvllve remedies have been exhausted or have lapsed, and that Is not being paid In a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and (2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felonry criminal conviction under and Federal law within 24 months preceding the award, unless EPA has considered suspension or debarment of the corporation, or such officer or agent, based an gtese tax liabilities or convictions and determined that such action is not necessary to such action is not necessary to protect the Govemment'a Interests. If the recipient fails to comply with these provisions, EPA will annul this agreement and may recover any funds the recipient has expended in violation of sections 433 and 434. B. Programmatic Conditions; Semi Annual Financial and Ecosystem Accounting Tracking System (FEATS) Performance Reports. The sponsor Is required to submit performance reports every six months, unless a different reporting frequency Is outlined In the Scope of Work, using the reporting took supplied by RCO. The sponsor agrees to include brief Information on each of the following areas: (a) Comparison of actual accomplishments to the outputsfouicomes established In the assistance agreement work plan for the period; (b) The reasons for slippages if established outputsioutcomes were not met; AND (e) Additional pertinent information, irrcluding when appropriate, analysis and I,ilbi ation of cost overruns or high unit costs. Reporting periods are from October 1 to March 31 and April 1 to September 30. Performance reports are due to RCO 13 calendar days after the and of each reporting period. 2• Final Performance Report In addition to the periodic performance reports, the sub -recipient will submit a final performance report to RCO within BO calendar days after the expiration or termination of the award. The report shall be submitted to the RCO Grant Manager and must be provided electronically_ The report shall generally contain the same Information as in the periodic reports, but should cover the entire project period. 3. Recognition of EPA Funding. Reports, documents, signage, videos, or other media, developed as part of projects funded by this Agreement shall contain the following statement "THIS PROJECT HAS BEEN FUNDED WHOLLY OR IN PART BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY UNDER ASSISTANCEAGREEMENT [EPA agreement number] TO WASHINGTON DEPARTMENT OF FISH AND WILDLIFE. THE CONTENTS OF THIS DOCUMENT DO NOT NECESSARILY REFLECT THE VIEWS AND POLICIES OF THE ENVIRONMENTAL PROTECTION AGENCY, NOR DOES MENTION OF TRADE NAMES OR COMMERCIAL. PRODUCTS CONSTITUTE ENDORSEMENT OR RECOMMENDATION FOR USE_" 4. Copyrighted Material. EPA has the right to reproduce, publish, use. and authorize others to use copyrighted works or other data developed under thls assistance agreement for Federal purposes. RCO acknowledges that EPA may authorize another grantee to use copyrighted works or other data developed under this Agreement as a result of a) the selection of another grantee by FPA to perform a project that will Involve the use of the copyrighted works or other data or, b) termination or expiration of this agreement. Peer Review. The results of this project may affect management decisions relating to Puget Sound. Prior to finalizing any significant technical products, the Principal Investigator (PI) of this project must solicit advice, review and feedback from a technical review or advisory group consisting of relevant subject matter specialists_ A record of comments and a brief description of how respective comments are addressed by the PI will be provided to the RCO Grants Manager prior to releasing any final reports or products resulting from the funded study. RCO 16-1860C Page 20 of 23 Quality Assurance Requirements_ Acceptable Qualify Assurance documentation must be submitted to the Grant Program within 30 days of aoceptnnce of this agreement or anotherd ate as negotiated with the ROO Grants Manager. The National Estuary Program (NEP) Quality Coordinator supports quality assurance for EPA4unded NEP projects. No work involving direct measurements or data generation, environmental modeling, compilation of data from literature or electronic media, and data supporting the design, construction, and operation of environmental technology shall be initiated under an agreement until RCO or the NEP Quality Coordinator has approved the quality assurance document The sponsor will submit all Quality Assurance dammentation to the following address. Please copy the Grant Program on all correspondence with the NEP Quality Coordinator. Thomas H. Gries, NEP Quality Coordinator Department of Ecology TgrA60&cy wa_gov 360.407.8327_ Environmental Data and Information Technology. Sub -recipients are required to Institute standardized reporting requirements into their work pians and Indude such costs in their budgets. All environmental data will be required to be entered into the EPAs Storage and Retrieval data system (STORET). The best method (local or state consolidated) for reporting will be determined on a prvjert-by-project basis between the DFW grant manager and sub-adplent. More information about STORET can be found at httpllwww.spa.gov/STORET. SECTION 28. ORDER OF PRECEDENCE This Agreement Is entered into, pursuant to, and under the authority granted by applicable federal and state laws. The provisions of the Agreement shall be construed to conform to those laws. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute, rule, or policy or procedure, the Inconsistency shall be resolved by giving precedence in the following order: A. Federal law and binding executive orders; B. Cade of federal regulations; C. Terms and conditions of a grant award to the state from the federal government D. Federal grant program pol'icws and procedures adopted by a federal agency; E. State law; F. WashingtonAdministmativeCode: G_ Project Agreement; H. The ROO policies and procedures. SECTION 30, LIMITATION OF AUTHORITY Only RCO or RCO's delegate by writirg (delegation to be made prior to action) shalt have the express, implied, or apparent authority to atter, amend, modify, or waive any clause or condition of this Agreement. Furthermore, any alteration, amendment, modification, or waiver of arty clause or condition of this Agreement is not effective or binding unless made in writing and signed by RCO_ SECTION 31. WAIVER OF DEFAULT Waiver of any default shall not be deemed to be a waiver of any subsequent default. Wraiver or breach of any provision of the Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless staffed to be such In writing, signed by the director, or the director's designee, aril attached to the original Agreement SECTION 32. APPLICATION REPRESENTATIONS —MISREPRESENTATIONS OR INACCURACY OR BREACH The ROO rely on the sponsor's application in making its determinations as to eligibility for, selection for, and scope of, funding grants. Any misrepresentaiion, error or inaccuracy in any part of the application may be deemed a breach of this Agreement SECTION 33. SPECIFIC PERFORMANCE The ROO may enforce this Agreement by the remedy of specific performance, which usually will mean completion of the project as dawmbad In this Agreement However, the remedy of specific performance shall not be the sole or exclusive remedy available to RCO. No remedy available to the ROO shall be deemed exclusive. The ROO may elect to exercise any, a combination of, or all of the remedies available to it under this Agreement, or under any provision of law, common law, or equity. SECTION 34. TERaNNATION The RCO will require strict compliance by the sponsor with all the terns of this Agreement including, but not limited to, the requirements of the applicable statutes, rules and all the RCO policies, and with the representations of the sponsor in its application for a grant as finally approved by the RCO. For federal awards, notification of termination will comply with 2 C.F.R. $ 200.340. A For Cause. The director may suspend or terminate the obligation to provide funding to the sponsor under this Agreement 7. In the event of any breach by the sponsor of any of the sponsor's obligations under this Agreement; or 2_ H the sponsor fails to make progress satisfactory to the director toward completion of the project by the completion date set out in this Agreement. Included In progress is adherence to milestones and other defined deadlines in the event this Agreement is terminated by the director, under this section or any other section after any portion of the grant amount has been paid to the sponsor under this Agreement, the director may require that any amount paid be repaid to RCO for redeposit Into the account from which the funds were derived. RCO 16-1860C Page 21 of 23 B. Non Availability of Funds. i he obligation of the RCO to make payments Is contingent an the availability of state and federal funds through legislative appropriation and state allotment. If amounts sufficient to fund the grant made under this Agreement are not appropriated to RCO for expenditure for this Agreement in any biennia., fiscal period, RCO shall not be obligated to pay any remaining unpaid portion of this grant unless and until the necessary action by the Legislature or the Office of Financial Management occurs. If RCO participation Is suspended under this section for a continuous period of one year. RCO's obligation to provide any future funding under this Agreement shall terminate. Termination of the Agreement under this section is not subject to appeal by the sponsor. C. For Convenlarmre_ Except as otherwise provided in this Agreement, RCO may, by ten (10) days written notice, beginning on the second day after the mailing, terminate thisAgreement, in whole or in part. If this Agreement is so terminated, RCO shalt be ."cable only for payment required underthe terms of this Agreement for services rendered or goods delivered prior to the effective date of termination. SECTION M DISPUTE HEARING Except as may otherwise be provided in this Agreement, wirer► a dispute arises between the sponsor and the RCO, which cannot be resolved, either party may request a dispute hearing according to the process set out in this section. Either party's request for a dispute hearing must be In writing and dearly state: A. The disputed issues: B. The relative positions of the Parties, C. The sponsor's name, address, project title, and the assigned project number. In order for this section to apply to the resolution of any spectfic dispute or disputes, the other party must agree in writing that the procedure under this section Shap be used to resolve those specific issues. The dispute shall be heard by a panel of three persons consisting of one person chosen by the sponsor, one person chosen by the director, and a third person chosen by the two persons initially appointed. If a third person cannot be agreed on, the third person shall be chosen by the director. Any hearing under this section shall be informal, with the specific processes to be determined by the disputes panel according to the nature and complexity of the Issues Involved. The process may be solely based on written material if the Parties so agree. The disputes panel shall be governed by the provisions of this Agreement in dedding the disputes. The Parties shall be bound by the decision of the disputes panel, unless the remedy directed by that panel shall be without the authority of an affected Party to perfarm, as necessary, or is otherwise unlawful - Request for a disputes hearing under this sedan by either party shag be delivered or mailed to the other party. The request shall be delivered or mailed within thirty (30) days of the date the requesting party has received notice of the action or position of the other party which it wishes to dispute. The written Agreement to use the process under this section for resolution of those issues shag be delivered or mailed by the receiving party to the requesting party within thirty (30) days of receipt by the receiving party of the request. All costs associated with the implementation of this process shall be shared equally by the Parties_ SECTION Eta. ATTORNEYS' FEES In the event of Litigation or other anion brought to enforce contract farms, each party agrees to beer its own attorney fees and casts. SECTION 37. GOVERNING LAWIVEHUE This Agreement shall be construed and interpreted In accordance with the laws of the Stale of ftshington. In the event of a lawsuit InvoMng this Agreement, venue shall be in Thurston County Superior Court if legally proper, otherwise, venue shall be in a cwunly where the project is situated. The sponsor, by execution of this Agreement acknowledges the jurisdiction of the courts of the State of Washington. SECTION SII. PROVISIONS APPLICABLE ONLY IF FEDERALLY RECOGNIZED INDIAN[ TRIBE IS THE SPONSOR In the cases where this Agreement is between the RCO (State) and a federally recognized Indian Tribe, the following governing lowlvenue applies, but only between those Parties: A. Notwithstanding the above venue provision, iFthe State of Washington intends to Initiate a lawsuit against a federally recognized Indian tribe relating to the perfonmance, breach or enforcement of this Agreement, it shall so notify tha Tribe. If the Tribe believes that a good falth basis enlists for subject matter jurisdiction of such a lawsuit fn federal court, the Tobe shall so notify the State within five days of receipt of such notice and state the basis for such jurisdiction, If the Tribe so notifies the State, the State shall bring such lawsuit in federal court, otherwise the State may sue the Tribe In the Thurston County Superior Court Interpretation of the Agreement shall be according to applicable State law, except to the extent preempted by federal law. In the event suit is brought In federal court and the federal court determines that it lacks subject matter jurisdiction to resolve the dispute between the State and Tribal Party, then the Parties agree to venue in Thurston County Superior Court B. Any judicial award, determination, order, decree or other relief, whether in law or equity ar otherwise, resulting from such a lawsuit shall be binding and enforceable on the Parties. Any money judgment or Rward against a Tribe, tribal officers, employees, and members, or the State of Washington and its officers and employees may exceed the amount provided for In Serton F_ Project Fund Ing Amount of the Agreement in order to satisfy the judg merit RCO 16-1960C Page 22 or 23 C. The Tribe hereby waives its sovereign immunity for suit In federal and state court for the limited purpose of allowing the State to bring such actions as It determines necessary to give effect to this section and to the enforcement of any Judgment relating to the performance, or breach of thlsAgreement. This waiver is not for the benefit of any third party and shall not be enforceable by any third party or by any asaignee of the Parties_ to any enforcement action, the Parties shall bear their Dm enforcement costs, including atiomeye fees. For purposes of this provision, the State includes the RCO and any other state agencies that may be assigned or otherwise obtain the right of the RCO to enforce this Agreement. SECTION 39. SEVERABIt.ITY The provisions of this Agreement are Intended to be severable. If any term or provision is illegal or invalid for any ressor,. whatsoever, such Illegality or invalidity shall not affect the validity of the remainder of the Agreement. RCO 16-18600 Rage 23 of 23 Legal Description Project Sponsor. Kittitas County Public Works Project Title: Ringer Loop Acquisitions and Design Workslite Name Property Name Legal Description Project Number: 16-1860 C RCO Approval: 07/0112016 Workelte #1 Ringer Loop Papineau The legal description of the property purchased with funding assistance provided through this Project Agreement (and protected by a recorded Deed of Right orAssignment of Rights) shall be amended into the Project Agreement prior to reimbursement of the final payment, Stalder/Sparks The legal description of the property purchased with funding assistance provided through this Project Agreement (and protected by a recorded Deed of Right or Assignment of Rights) shall be amended into the Project Agreement prior to reimbursement of the final payment Stroh - Left Bank The legal description of the property purchased with funding assistance provided through this Project Agreement (and protected by a recorded Deed of Right or Assignment of Rights) shall be amended into the Project Agreement prior to reimbursement of the final payment. Stroh - Right Bank The legal description of the property purchased with funding assistance provided through this Project Agreement (and protected by a recorded peed of Right or Assignment of Rights) shall be amended into the Project Agreement prior to reimbursement of the final payment LEGALDSCAPT July B. 2016 Page 1 Eligible Scope Activities Project Sponsor; Kfttitas County Public Works Project Number: 16-1860 Project Title: Ringer Loop Acquisitions and Design Project Type: Planning & Aoquisition Program: General Habitat State Project Approval: 7/1/2016 Acquisition Metrics Property: Papineau (Worksite #1, Ringer Loop) Real Property Acquisition Land Acres by Acreage Type (fee simple): Riparian 40.00 Existing structures on site: No structures on site Incidardals Appraisal Appraisal Review Closing, Recorcnng, Taxes, Title Cultural resources (Acq) Environmental Audita Stewardship plan Survey (Acq) Administrative Costs (Acq) Administrative costs (Acq) Property: Stroh (Worksite #1, Ringer Loop) Real Property Acquisition Easement Easement type : Habitat Conservation Acres by Acreage Type (easement): Riparian 60.00 Pight bankpamet Land Acres by Acreage Type (fee simple): Riparian 20.00 Lett bank parcel Existing structures on site: No structures on site Incidentals Appraisal Appraisal Review Baseline Documentation Closing, Recanting, Taxes, Title Cultural resources (Acq) Environmental Audits Stewardship plan Survey (Acq) Administrative Costa (Acq) Administrative costa (Acq) Planning ltr'sehics Worksite #1, Ringer Loop ELIGREIM_RPT August 16, 2016 page: 1 Eligible Scope Activities Targeted salmonid ESUMPS (A.23): Chinook Salmon -Middle Columbia River spring -run ESU, Chinook Salmon -unidentified ESU, Chinook Salmon -Upper Columbia River summerifall-run ESU, 5teelhead-Middle Columbia River DPS, Steelhead/Trout-unidentified DPS Targeted species (non -ESU species): Cutthroat Area Encompassed (acres) (B.O.b.1): 80.0 inciudfng W acres of Stroh Property for design and 20 acres of Stalder/Sparks for appraisal. Miles of Stream Affected (B.O.b.2): 1.09 Miles Of Stream Treated/Protected (C.O.b): 1.09 Project Identified In a Plan or Watershed Assessment (C.0.c): Watershed Science and Engineering, Ina and Herrera Environmental Consultants, Inc. 2015. Yakima River Jeffries Levee to Yakima Canyon Habitat Enhancement and Flood Risk Management Plan. Prepared for Kitfltas County Flood Control Zone District, Ellensburg, WA. Type Of Monitoring (C.0_d.1): None Design for Saimon restoration Prelimilmry design Name of the Plan Watershed Science & Engineering, Inc. and Herrera Environmental Consultants, Inc. 2015.Yakima River Jeffries Levee to Yakima Canyon Habitat Enhancement and Flood Risk Management Plan. Prepared for Klttttas Co Flood Control Zone District, Ellensburg. Description of the Plan: identified as an "Immediate project" in the Yakima River Corridor Plan, Section 4.1.2.1. The plan developed a focused strategy and a list of viable projects and management actions that can be cooperatively implemented to improve aquatic habitat and manage flood rtsk over the next 50 years. Name and Description of Plan: Preliminary design for habitat enhancement on a BO acre property along the Yakima River. ELIGREIM.RPT August 15, 2016 Page: Eligible Scope Activities Restoration Planning And Coordination Project Conducting habitat restoration scoping and feasibility studies (BA.b.8) Project Identified in a Plan or Watershed Assessment (B.1,b.8_a): Description of the Plan (B.1.b.S.b): Name and Description of Plan: Watershed Science & Engineering, Inc. and Herrera Environmental Consultants, Inc. 2015.Yakima River Jeffries Levee to Yakima Canyon Habitat Enhancement and Flood Risk Management Plan. Prepared for Otltas Co Flood Control Zone District, Ellensburg. Identified as an "immediate project" in the Yakima River Corridor Plan, Section 4.4.2.1. The plan developed a focused strategy and a list of viable projects and management actions that can be cooperatively implemented to improve aquatic habitat and manage flood risk over the next 50 years. appraisal on 20 acres of Property 4 (Stalder/Sparks) ELIGREIMAP7 August 15. 2016 Fuge: Milestone Report By Project Project Number: 16-1860 C Project Name: Ringer Loop Acquisitions and Design Sponsor: Kittitas County Public Works 1MILESTO,RPT July OB, 2016 Pages Project Start ERM - 02/2912018 OrderAppraisal(s) 03/16/2016 Papineau Property Order Appralsal(s) 03/15/2016 Stroh Left Bank Property (#2) Order Appraisal(s) 03/15/2016 Stroh Right Bank Property (#3) Final Report in PRISM 06/0112016 t OrderAppralsal Review(s) 07/31/2016 Papineau Property I Order -Appraisal Review(s) 07/31/2016 Stroh Left Bank Property (#2) I Order Appraisal Review(s) 07/31/2016 Stroh Right Bank Property (#3) OrderAppraisal(s) 07131/2016 Stalder/Sparks t Special Conditions Met 07/3112016 Before any reimbursement is made, the sponsor must submit the preliminary title report for the subject property withln the scope of work approved in this Project Agreement. I Annual Project Billing 08/31/2016 Back-up documentation is required with every billing Draft Plan to RCO 06/3112016 Stroh Right Bank Property (#3} Draft Easement to RCO for review Environmental Assess Complete 09/30/2016 Papineau Property I Progress Report Submitted 09/30/2016 Environmental Assess Complete 09/30/2016 Stroh Left Bank Property (#2) Baseline Documentation to RCD 09/30/2016 Stroh Right Bank Property (#3) Environmental Assess Complete 09/30/2016 Stroh Right Bank Property (#3) Data Gathering Started 09/30/2016 for design on Stroh Property, I Purchase Agreement Signed 10/3112016 Papineau Property r Purchase Agreement Signed 10/31/2016 Stroh Left Bank Property (#2) t Purchase Agreement Signed 10/31/2016 Stroh Right Bank Property (#3) Funding Acknowl Sign Posted 11/15/2016 Drag Design to RCO i 11/30/2016 Submit concept design for Stroh Property for RCO review I Progress Report Submitted 12/31/2016 l Acquisition Closing 12131/2016 Papineau Property I Acquisition Closing 12/31/2016 Stroh left Bank Property (#2) 1MILESTO,RPT July OB, 2016 Pages Milestone Report By Project X n Milaatono Complew 1= crltkal NNI"WRe WILESTOAPT July 48, 2016 Page: I Acquisition Closing 12/31/2016 Stroh Right Bank Property (#3) Recorded Land Survey to RCO 0111512017 Papineau Property Recorded Land Survey to RCO 01/15/2017 Stroh Left Bank Property (#2) Recorded Land Survey to RCO 0 /15/2017 Stroh Right Bank Property (#3) Preliminary Design to RCO 01/318017 For Stroh Property, as described in RCO Manual 18 Appendix D-2 and agreement special conditions (Preliminary Design Report, Drawings, and Engineering Cost Estimate attached in PRISM) Recorded Acq Documents to RCO 0210112D17 Papineau Property Recorded Acq Documents to RCO 02101/2017 Stroh Left Bank Property (#2) Recorded Acq Documents to RCO 02101/2017 Stroh Right Bank Property (#3) r Cultural Resources Complete 0211412017 for future ground disturbance or structure demotion Stewardship Plan to RCO 02115/2017 Applied for Permits 03/158017 1 Progress Report Submitted 03/31/2017 I Agreement End Date 06/01/2017 PROJECT CLOSING. All expenditures must be prior to this date. Final billing to RCO 06/150017 L: I Progress Report Submitted 05/30/2017 X n Milaatono Complew 1= crltkal NNI"WRe WILESTOAPT July 48, 2016 Page: KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: August 22, 2018 TOPIC: Biltmore Road Improvement District ACTION REQUESTED: Adopt a Resoletlon of Intention to Formulate the Biltmore Road Improvement District and Set a Public Hearing for Finalizing the Role of the District LEAD STAFF: Mark R. Cook RECOMMENDATION: Adopt a Resolution of Intention to formulate the Biltmore Road Improvement District and set a public hearing for finalizing the role of the district. BACKGROUND: Over the past several months, Public Works has briefed the Board of County Commissioners (Board) numerous times regarding the petition process: associated with formulating a Road Improvement District. The Prosecuting Attorney's Office has evaluated state statutes with the Director of Public Works and the process for formulation is now well understood by staff. A petition to formulate was received by Public Works in July 2016 (Biltmore Road). The request is for Public Works to prepare the road surface, install bituminous surface treatment (chip sea[) and improve a turn -around at the and of a 0.3 mile improvement. Public Works is currently in the process of securing necessary oil supplies supporting district fomwiation by the Board in early September 2016. DISCUSSIQN: Public Works has verged that the petition (EXHIBIT 1) to formulate is sufficiently developed and verified signatories are owners of record as they appear within the County's tax parcel data base system. Since the circulation of the original petition, one property has transferred ownership and the amended petition (and electronic message) is attached as EXHIBIT 2. A map detailing the boundary of the proposed RID is attached as EXHIBIT 3. A map depicting the improved turn- around is provided as EXHIBIT 4. The process described above allows construction of requested improvements in, late September 2016. Anticipating late construction, maintenance utilized "high Page 1 of 7 PUBLIC WORKS BOARD OF COUNTY COMMISSICNERS WORK SESSION STAFF REPORT float" oil during the gravel road upgrade this year to Schnebly Road. This construction verifies our ability delivering the project in late September 2016. RID participants have previously been presented preliminary costs associated with the improvement and all have indicated acceptance. One property owner, the original land owner and subsequent developer of the community, has not attached to the petition but has verbally committed to participating and owns several lots within the proposed RID boundary. Upon passing the resolution of intention to formulate, staff will prepare and send out (via postal service) the required notice to all, property owners as appearing on the roles of the County Treasurer. Staff will publish the resolution of intention in two consecutive issues of the newspaper of record (Kittites County). Property owners who desire being removed from the district are required to state their desire to the Board prior to five o'clock PM of the day before the hearing. FISCAL IMPACTS: Public Works is estimating the total cost of RID improvements at $133,000 (15 years). Preliminary costs have been reviewed and given initial approval by all petitioners. The cost of the RID is proposed to come from Public Works cash reserves (this negates the need for a bond sale and associated costs). Annual payments from petitioners will retire the debt in 15 years. Public Works is funding the project at a three percent interest rate. Cost impact to the Treasurer's Office is anticipated (forecast at $50ONR). Public Works will contact Treasurer's Office providing a charge code against project costs. Final costs are presented as EXHIBIT 5 contains the preliminary cost estimate provided to property owners_ Several property owners have multiple properties within the RID. Annual assessments per lot equal $371.37. The following property owners (multiple lots) are assessed as follows: a Eberhart Associates: $2,228.19/year Chiawana Orchards: $2,599.56/year Kennedy: $742.73/year Chance: $742.73/year ATTACHMENTS: Exhibit 1: Petition to formulate the Biltmore RID Exhibit 2: Amended property owner information Exhibit 3: RID boundary map Exhibit 4: Turn -around Exhibit 5: Final cost estimate/Lot assessments Page 2 of 7 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT EXHIBIT 1: PETITION TO FORMULATE THE BILTMORE RID Page 3 of 7 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT TO W-1-55- uivt�(< jo gAkD iWe 7f -e- Poe &r ojle. PETITION TO CREATE A KITTITAS COUNTY ROAD IMPROVEMENT DISTRICT PURSUEANTTO THE PROCEEDURES OF RCW 36.88.OSO Tentatively Designated as the VANDERBILT COUNTRY ESTATES ROAD DISTRICT Pursuant to the procedures as spelled out in Chapter 36.88.050 RCW the following signatories request that the Kittitas County Commission establish a County Road Improvement District known tentatively known as the Vanderbilt Estates Road District, road district number to be assigned upon final establishment. The proposed road district is located In Township 16 North, Range 19 East of Kittitas County specifically for Improvements associated -with Biltmore Drive located in or adjacent to the recorded plat of Vanderbilt Country Estates off of public road Kaynor. The road district boundaries would be composed of 30 individual recorded lots or parcels as shown on the attached district boundaries map. The intent of the District. is to prepare and chip seal pave approximately one mile of gravel private road with the application of three chip seal lifts, and to provide for an improved paved turn -around for Kaynor Road, a County public road currently lacking an appropriate turn- around. In return for the community provision of a turn -around for Kaynor Road, the County would provide snowplowing to the end of pavement. A preliminary cost estimate provided by the Kittitas County Public Works Department for the preparation and improvements is $100,000_ As proposed the cost would be proportioned on an equal share basis between each of the 30 parcels with a district payback period of 10 years. Estimated annual property tax assessment including interest for the ten year period would be $371 per. lot. Petition signatures represent according to the records of the county auditor an aggregate amount of a majority of the lineal frontage upon the improvement to be made and of the area within the limits of the assessment district to be created. It is understood that property owners may add or withdraw their names from the petition at anytime prior to five o'clock p.m. of the day before the official County Commission hearing and that any effected property owner will receiveeaa written notice of the hearing from the County at least 15 days before the hearing. Print Name ©•�.�.e, (2 1 CAO_P�ce_�/ Print Name V -- Print Name � f Signature o r Signature Sig ature 5igp.ature Signature Signature Signature 6,qro1 z�-Jah Print Name Lys L. ?*V7;G-Awk59 Print Name Print Name WA U09 Print Name b ij f-, Print Name Print Name Print Name Print Name Print Name } � )! •;, Print Name Lon G Print Name Print Name Print Name Print Name PETITION TO CREATE A KITNTAS COUNTY ROAD IMPROVEMENT DISTRICT PURSUEANT TO THE PROCEEDURES OF RCW 36.$8.050 Tentatively Designated as the VANDERBILT COUNTRY ESTATES ROAD DISTRICT Pursuant to the procedures as spelled out in Chapter 36.U.050 RCW the following signatories request that the Kittitas County Commission establish a County Road improvement District known tentatively known as the Vanderbilt Estates Road District, road district numberto be assigned upon final establishment. The proposed road district is located in Township 16 North, Range 19 East of 91"It8s County specifically for improvements associated with Biltmore Drive located in or adjacent to the recorded plat of Vanderbilt Country Estates off of public road Kaynor. The road district boundaries would be composed of 30 individual recorded lots or parcels as shown on the attached district boundaries map, The intent of the District is to prepare and chip seal pave approximately one mile of gravel private road with the application of three chip seal lifts, and to provide for an improved paved turn -around for Kaynor Road, a County public road currently lacking an appropriate turn- around. In return for the community provision of a turn -around for Kaynor Road, the County would provide snowplowing to the end of pavement. A preliminary cost estimate provided by the Kittitas County public Works Department for the preparation and Improvements is 5100,000. As proposed the cost would be proportioned on an equal share basis between each of the 30 parcels with a distrkt payback period of 10 years. Estimated annual property tax assessment including Interest for the ten year period would be $371 per lot. petition signatures represent according to the records of the county auditor an aggregate amount of a majority of the lineal frontage upon the improvement to be made and of the area within the limits of the assessment district to be created. It is understood that property owners may add or withdraw their names from the petition at any time prior to fine o'clock p.m. of the day before the official County Commission hearing and that any effected property owner will recqj a itten notice oof th hearing from the County at least 1S days before the hearing. A if6=- , a jll�:i I�rs.- �dtiiNrA+roJ-v' gnature Print name Signature Print Name 5igniture T Print Name PETITION TO CREATE A KITTITAS COUNTY ROAD IMPROVEMENT DISTRICT PURSUEANT TO THE PROCEEDURES OF RCW 36.88.050 Tentatively Designated as the VANDiERBILT COUNTRY ESTATES ROAD DISTRICT Pursuant to the procedures as spelled out in Chapter 36.88.050 RCW the following signatories request that the Kittitas County Commission establish a County Road Improvement District known tentatively known as the Vanderbilt Estates Road District, road district number to be assigned upon final establishment. The proposed road district is located in Township 16 North, Range 19 East of Kittitas County specifically for improvements associated with Biltmore Drive located in or adjacent to the recorded plat of Vanderbilt Country Estates off of public road Kaynor. The road district boundaries would be composed of 30 individual recorded lots or parcels as shown on the attached district boundaries map. The intent of the District is to prepare and chip seal pave approximately one mile of gravel private road with the application of three chip seal lifts, and to provide for an Improved paved tum -around for Kaynor !toad, a County public road currently lacking an appropriate turn- around. In return for the community provision of a turn -around for Kaynor Road, the County would provide snowplowing to the end of pavement. A preliminary cost estimate provided by the Mitas County Public Works Department for the preparation and improvements is $100,000. As proposed the cost would be proportioned on an equal share basis between each of the 30 parcels with a district payback period of 10 years. Estimated annual property tax assessment including Interest for the ten year period would be $371 per lot. Petition signatures represent according to the records of the county auditor an aggregate amount of a majority of the lineal frontage upon the improvement to be made and of the area within the limits of the assessment district to be created. it Is understood that property owners may add or withdraw their names from the petition at any time prior to five o'clock p.m. of the day before the official county Commission hearing and that any effected property owner will receive en notice of the hearing from the County at least 15 days before the hearing. %1 n - - Y' 4 r m ia Y/T/1(00 5 ur Printarae n C_ y )/�cx r tref i c;ems:.e Print Name Signature Print Name ._.J PETITION TO CREATE A KITTITAS COUNTY ROAD IMPROVEMENT DISTRICT PURSUEANT TO THE PROCEEDURES OF RCW 36.88.050 Tentatively Designated as the VANDERBILT COUNTRY ESTATES ROAD DISTRICT Pursuant to the procedures as spelled out in Chapter 36.88.050 RCW the following signatories request that the Kittitas County Commission establish a County Road Improvement district known tentatively known as the Vanderbilt Estates Road District, road district number to be assigned upon final establishment. The proposed road district is located in Township 16 North, Range 19 East of Kittitas County specifically for improvements associated with Biltmore Drive located in or adjacent to the recorded plat of Vanderbilt Country Estates off of public road Kaynor. The read district Boundaries would be composed of 30 Individual recorded lots or parcels as shown on the attached district boundaries map. The intent of the District is to prepare and chip seal pave approximately one mile of gravel prWte road with the application of three chip seal lifts, and to provide for an improved paved turn -around for Kaynor Road, a County public road currently lacking an appropriate turn- around. in return for the community provision of a turn -around for Kaynor Road, the County would provide snowplowing to the end of pavement. A preliminary cost estimate provided by the Kittkas County Public Works Department for the preparation and improvements is $100,000. As proposed the cost would be proportioned on an equal share basis between each of the 30 parcels with a district payback period of 10 years. Estimated annual property tax assessment including interest for the ten year period would be $371 per lot. Petition signatures represent according to the records of the county auditor an aggregate amount of a majority of the lineal frontage upon the Improvement to be made and of the area within the limits of the assessment district to be created. It is understood that property owners may add or withdraw their names from the petitlon at any time prior to five o'clock p.m. of the day before the official County Commission hearing and that any effected property owner will receive a otice of the hearing from the County at least 15 days before the/hearing. Signature Print Name -sit ur 74 K.4 MMM 71. �z � QMM d - — "D Print Name Signature print Name PETITION TO CREATE A KITTITAS COUNTY ROAD IMPROVEMENT DISTRICT PURSUEANT TO THE PROCEEDU RES OF RCW 36.88.050 Tentatively Designated as the VANDERBILT COUNTRY ESTATES ROAD DISTRICT Pursuant to the procedures as spelled out in Chapter 36.88.050 RCW the following signatories request that the Kittitas County Commission establish a County Road Improvement District known tentatively known as the Vanderbilt Estates Road District, road district number to be assigned upon final establishment. The proposed road district Is located in Township 16 [North, Range 19 bast of Kittitas County specifically far Improvements associated with SlItmore Drive located In or adjacent to the recorded plat of Vanderbilt Country Estates off of public road Kaynor. The road district boundaries would be composed of 30 Individual recorded lots or parcels as shown on the attached district boundaries map. The intent of the District is to prepare and chip seal pave approximately one mile of gravel private road with the application of three chip seal IMs, and to provide for an improved paved tum -around for Kaynor Road, a County public road currently lacking an appropriate turn- around. In return for the community provision of a turn -around for Kaynor Road, the County would provide snowplowing to the end of pavement. A preliminary cost estimate provided by the Kittitas County Public Works Department for the preparation and improvements is $100,000. As proposed the cost would be proportioned on an equal share basis between each of the 30 parcels with a district payback period of 10 years. Estimated annual property tax assessment including Interest for the ten year period would be $371 per lot. Petition signatures represent according to the records of the county auditor an aggregate amount of a majority of the Pineal frontage upon the improvement to be made and of the area within the limits of the assessment district to be created. it is understood that property owners may add or withdraw their names from the petition at any time prior to five o'clock p.m. of the day before the official County Commission hearing and that any effected property owner will receiv ritteryt%tice of the hearing from the County at least 15 days before the hearing. Signat Pri�n`t iVa JIf Oat r� rFii f Print name Signature Print !Name PETITION TO CREATE A KITTITAS COUNTY ROAD IMPROVEMENT DISTRICT PURSUEANT TO THE PROCEEDURES OF RCW 36.88.050 Tentatively Designated as the VANDERBILT COUNTRY ESTATES ROAD DISTRICT Pursuant to the procedures as spelled out in Chapter 36.88.050 RCW the following signatories request that the Kittltas County Commission establish a County Road Improvement District known tentatively known as the Vanderbilt Estates Road District, road district number to be assigned upon final establishment. The proposed road district is located in Township 16 North, Range 19 East of Kittlas County specifically for Improvements associated with Biltmore Drive located in or adjacent to the recorded plat of Vanderbilt Country Estates off of public road Kaynor. The road district boundaries would be composed of 30 individual recorded lots or parcels as shown on the attached district boundaries map. The intent of the District is to prepare and chip seal pave approximately one mile of gravel private road with the application of three Chip seal lifts, and to provide for an improved paved turn -around for Kaynor Road, a County public road currently lacking an appropriate turn- around. In return for the community provision of a turn -around for Kaynor Road, the County would provide snowplowing to the end of pavement. A preliminary cost estimate provided by the Kittltas County Public Works Department for the preparation and improvements is $100,000. As proposed the cost would be proportioned on an equal share basis between each of the 30 parcels with a district payback period of 10 years. Estimated annual property tax assessment including interest for the ten year period would be $371 per lot. Petition signatures represent according to the records of the county auditor an aggregate amount of a majority of the lineal frontage upon the improvement to be made and of the area within the limits of the assessment district to be created. it is understood that property owners may add or withdraw their names from the petition at any time prior to five o'clock p.m. of the day before the official County Commission hearing and that any effected property owner will receive a written notice of the hearing from the County at least 15 days before the hearing. gLL:�� k\, - Z, - Signature Signature Signature M M U94 Print Name Print Name Print Narne PE1'fT:ON TO CREATEA KITTriA5 COUNTY MAID 1WROVEM€NT D)STRO-7 PURSUEANr TO ME PROCEDURES OF RCW 36.68.050 TentarwelV rmlgnared as the VANDERBILT COUNTRY ESTATES ROAD DISTMCT PwsuuetttofhtrproCtaitectas$poledout inCmwor16A6A5flAW-1hr,foli'aw'sn6ilgnat des rrii,iEtat tBatthe KRtllas t wrrsgr tam mission establlilt a f:0unty Rand ittrptetrsypfaa9t Riittttt known IrmtaltMeiy konwrt a, !,he Vrtnderh9t f5ratis Raid Dlstrk1, fund district number to hr. @tg4 ad Upon tints PAabfthttt Mt - The proposed m;W d:sifltd is luxated in 7ovrvtaip 16 %nk. Rarer 19 East of 15ttitas CMMV specifically for impimve tenU associated witty Bil MM' Dncc IMted to tit adjacent tis the eotdfded jt'W of yHntAXbat C*UMry Fatatc s off of Public road tw> w. The rmd district batimWin would be mmvosed Pf 30 IotOndudl ai`b kdfnls Or PdWs ds shu■ni Oil "30 apt fit! Mrkk bVurtderw map. Tka Imw* 4the District is toplepate AW clil$ iL4rDav'e 4woomatelyM* milt of gram private road with;he applidttim of three ch4 seat lifts, an d to pmWdis ex un inVroved paved turn -wound Jor Kayw ltaad. a Luanly ptbtic road currenity lack 42 art %VMPriat! ?W.rn- st►vttttei. In rt!lam dor tAe a mn unity proti'W= of a t urn•arttund fin "we Road. the Gvurtlr t.a�fd ptgvide tn;rwpkmvint; to the erd of psaentait. A pregonirary cyst est;mata iwavfted bSl ttte,la0kasCoutny a *,Wks, DeautIMMI for the proration wo impravetmart3 is Si()6AW.Ae popased owmat wWd be PrpAWUor*d on all CVW AW.' hash i+r:tWecn eats[ df tho ftpamc h t rids 0 drstt4et p*ybKk pC kW 0110 Wars. EMMINIttra annual property tax mAenment indudf W Atte" for theteo V ar pxrtad Watdd bl! 5371 nor las. Potitian*nab+re: represto o Mrdime to "W records of tt1P. county ax5tor xn rs2regate apr.0urrto1a maj0F ty of the 9ng.l frontage UPIM tits imjW0veMMv to be madtr grid of tho area W*ln tote IAnitu of the t sssr95r 'rat district to Ise created. It o vrtdtxsloud that innptx'1 otv�tcrs ratty adJ arwithdraw thew nw to Rory~ iht fletilion ;vt any time Prier to fim o'clark p.m. of the dirt' before tiw aMdal County Garmusion haathrg wW shot any efrected pwPonY quasar vdit nxtW a wr ettten ikatice of the hearim from the County it Icest 15 du fs bcitim the hcariM- 3 gri�Ltttt` r Prltrctdatne �tgrsaiL��: e P elnt Nirrte PETITION TO CREATE A KITTITAS COUNTY ROAD IMPROVEMENT DISTRICT PURSUEANT TO THE PROCEEDURES OF RCW 36.88.050 Tentatively Designated as the VANDERBILT COUNTRY ESTATES ROAD DISTRICT Pursuant to the procedures as spelled out in Chapter 36.88.050 RCW the following signatories request that the Kittitas County Commission establish a County Road Improvement District known tentatively known as the Vanderbilt Estates Road District, road district number to be assigned upon final establishment. The proposed road district is located in Township 16 North, Range 19 cast of Kittitas County specificaily for improvements associated with Biltmore Drive located In or adjacent to the recorded plat of Vanderbilt Country Estates off of public road Kaynor. The road district boundaries would be composed of 30 individual recorded lots or parcels as shown on the attached district boundaries map. The intent of the District is to prepare and chip seal pave approximately one mile of gravel private road with the application of three chip seal lifts, and to provide for an improved paved tum -around for Kaynor Road, a County public road currently lacking an appropriate turn- around. In return for the community provision of a turn -around for Kaynor Road, the County would provide snowplowing to the end of pavement_ A preliminary cast estimate provided by the Kittitas County Public Works Department for the preparation and improvements is $100,000. As proposed the cost would be proportioned on an equal share basis between each of the 30 parcels with a district payback period of 10 years. Estimated annual property tax assessment including interest for the ten year period would be $371 per lot. Petition signatures represent according to the records of the county auditor an aggregate amount of a majority of the lineal frontage upon the improvement to be made and of the area within the limits of tate assessment district to be created, It is understood that property owners may add or withdraw their names from the petit=.on at any time prior to fire o'clock p.m. ofthe day before the official County Commission hearing and that any effected property owner will receive a written notice of the hearing from the County at least 15 days before the hearing. z"�' I A1,4ci /GL Signature Print Name Signature Print liame Signature Print Name EXHIBIT 2: AMENDED PROPERTY OWNER INFORMATION Page 4af7 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT PETITION TO CREATE A KITTITAS COUNTY ROAD IMPROVEMENT DISTRICT PURSUEANT TO THE PROCEEDURES OF RCW 36,88.050 Tentatively Designated as the VANDERBILT COUNTRY ESTATES ROAD DISTRICT Pursuant to the procedures as spelled out in Chapter 36.88.050 RCW the following signatories request that the Kittitas County Commission establish a County Road Improvement District known tentatively known as the Vanderbilt Estates Road District, road district number to be assigned upon final establishment. The proposed road district is located in Township 1b North, Range 19 East of Kittitas County specifically for improvements associated with Biltmore Drive located In or adjacent to the recorded plat of Vanderbilt Country Estates off of public road Kaynor. The road district boundaries would be composed of 30 Individual recorded lots or parcels as shown on the attached district boundaries map. The intent of the District is to prepare and chip seal pave approximately one mile of gravel private road with the application of three chip seal lifts, and to provide for an Improved paved tum -around for Kaynor Road, a County public road currently lacking an appropriate turn- around. In return for the community provision of a turn -around for Kaynor Road, the County would provide snowplowing to the end of pavement. A preliminary cost estimate provided by the Kittitas County Pubiic Works Department for the preparation and improvements is $100,000. As proposed the cost would be proportioned on an equal share basis between each of the 30 parcels with a district payback period of 10 years. Estimated annual property tax assessment including Interest for the ten year period would be $371 per lot. Petition signatures represent according to the records cf the county auditor an aggregate amount of a majority of the lineal frontage upon the improvement to be made and of the area within the limits of the assessment district to be created. It is understood that property owners may add or withdraw their names from the petition at any time prior to five o'clock p.m. of the day before the official County Commission hearing and that any effected property owner will rete' e a written notice of the hearing from the County at least 15 days before the hearing. Signature Print Name Signature Print Name Signature I Print Name EXHIBIT 3: RID BOUNDARY MAP Page 5 of 7 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT 11 Zk 9 LU .7M 0-1. qT 'AM P *W79 .7M 0-1. qT 'AM P *W79 EXHIBIT 4: PROPOSED TURN AROUND IMPROVEMENTS Page 6 of 7 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT Q 0 UMS 7�Cl r 0m y rrl fl ou > n �i rri,-._' , y - Q 0 EXHIBIT 6: FINAL COST ESTIMATES/LOT ASSESSMENTS Page 7 of 7 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT RID RC-2016RIG H0.1 ASSESSMENT BY PROPERTY OWNER LOT PARCEL TOTAL ANNUAL COUNT NUMBER OWNER ASSESSMENT ASSESSMENT 2 11235 CHIAWANA ORCHARDS $ 5,570A8 $ 371.37 3 11236 CHIAWANA ORCHARDS $ 5,570.48 $ 371.37 4 17281 CHIAWANA ORCHARDS $ 5,570.48 $ 371.37 5 17282 CHIAWANA ORCHARDS $ 5,570A8 $ 371.37 6 17283 EBERHART ASSOC. $ 5,570.48 $ 371.37 7 17284 MAGI LL $ 5,570.48 $ 371.37 8 17304 CHIAWANA ORCHARDS 5 5,570.48 $ 371.37 9 17305 WHITE, KENNETH S 5,570.48 $ 371.37 10 17306 PANTEKOEK $ 5,570.48 $ 371.37 11 17307 ESERHART $ 5,570.48 $ 371.37 12 17308 CROSS, CAGES KATIE $ 5,570.48 $ 371.37 13 17314 BURNELL, ROBERT $ 5,570.48 $ 371.37 14 17315 EBERHART $ 5,570.48 $ 371.37 15 17315 SHAW, PHYLISS $ 5,570.48 $ 371.37 18 17317 KENNEY $ 5,570.48 $ 371.37 17 17318 KENNEY $ 5,570.48 $ 371.37 18 17319 MITTAG, DWAINE $ 5,570.48 $ 371.37 19 17320 EBERHART $ 5,570.48 $ 371.37 20 17321 HILLEMANN, WERNER $ 5570.48 $ 371.37 21 17322 LONG $ 5,570.48 $ 371.37 22 18449 MANLEY $ 5,570.48 $ 371.37 23 18450 CHANCE $ 5,570.48 $ 371.37 24 18451 LEE, WILLIAM $ 5,570.48 $ 371.37 25 18687 ESERHART ASSOC. $ 5,570.48 $ 371.37 28 18688 CHiAWANA ORCHARDS $ 5,570.48 $ 371.37 27 19316 CHANGCE, DONALD $ 5,570.48 $ 371.37 28 34433 WARREN $ 5,570.48 $ 371.37 29 124433 GOKEY S 5,570.48 $ 371.37 30 550620 CHIAWANA ORCHARDS $ 5,570.48 $ 371.37 $ 167,114.40 $ 11,140.96 ANNUAL INTEREST PRESENT PAYMENT 1, A14NUAL ASSESSMENT FOR MULMIPLE LOTS S 2,22219 $ 2,590.56 T42.73 74273 167,114A4 CHECK ANNUAL TOTAL NUMBER OF PAVI ENT PER PAYMENT LOTS LOT 1 PERLOT 30 $ 371.37 5 6,570.48 BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO. 2016 -- INTENT TO FORMULATE ROAD IMPROVEMENT DISTRICT NO. RC-2016RID-N0.1 WHEREAS: The State of Washington authorizes the formulation of Road Improvement Districts pursuant to Revised Code of Washington Chapter 36.88; and WHEREAS: The Kittitas County Board cf County Commissioners has received a petition to formulate a Road Improvement District improving a portion of Biltmore Lane (MP 0.0 to MP 0.27); and WHEREAS: The Public Works Department has validated petition signatories as being owners from Kittitas County Treasurer records; and WHEREAS: The KttUtas County Board of County Commissioners has reviewed the proposed boundary of the district (EXHIBIT 1) and determined the boundary to be sufficiently developed and the petition to be sufficient; and WHEREAS: Public Works staff proposes assigning the following number to the proposed Road Improvement District: RC-2016RiD-No.1; and WHEREAS: Public Works staff proposes the proportionate amount borne by the property within the proposed district as being $133,000 ($371.3711ot/year for 15 years); and WHEREAS: The Board of County Commissioners must adopt a resolution setting forth the nature and territorial extent of the improvement petitioned for, designating the number of the proposed improvement district and the proportionate amount thereof which will be borne by the property within the proposed district; NOW, THEREFORE BE IT RESOLVED that the Board of County Commissioners, in the best interest of the public, does hereby BE IT FURTHER RESOLVED that the Director of Public Works is authorized to sign the contract documents upon such terms and conditions specified in the Proposal submitted by said bidder(s). DATED this day August 22, 2016, at Ellensburg, Washington. Attest: ❑ Clerk of the Board- Julie Norsvik — Deputy Clerk of the Board- Mandy Buchholz BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Obie O'Brien, Chairman Paul Jewell, Vice -Chairman Laura Osiadacz, Commissioner