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HomeMy WebLinkAbout2023-07-11-minutes-solid-waste-and-maintenanceSoNd V)Yaste and Maontenance Regular Meeting Tuesday July 11, 2023 o 2:00 PGA BOCC Conference Room 205 West 5th Room 108 - Ellensburg 1. Call to Order 2. Citizen Comments (1 min. time limit) 3. Request to Approve a Budget Amendment for Prosecutor. 4. Solid Waste Updates 5. Request Board to Initial Agreement to Rescind Purchase and Sale Agreement 6. Request Board Signature on Professional Services Agreement for Upper County Transfer Station Scale Replacement 7. Request Board to Ratify Vice Chair's Signature on Public Works Board Loan Application 8. Request Boards Approval for Chairs Signature on Easement and Joint Use Agreement for the Upper County Transfer Stations East Entrance 9. Request Boards Approval for Chair's Signature on Litter Grant 10. Request Boards Approval for Chair's Signature on the SWMLSWFA Grant 11. Update on Upper County District Court Parking Lot 12. Update on North Parking Lot Project 13. Request Board Approval to Publish Bid Invitation for Land Application 14. Discussion/Decision on Upper District Court Windows 15. Other Business - No Action to be taken 16. Concluded Created on 7/10/2023 12:56:05 PM KITTITAS COUNTY SOLID WASTE AND MAINTENANCE MINUTES BOCC CONFERENCE ROOM, 205 WEST 5TH ROOM 108 - ELLENSBURG Regular Meeting TUESDAY 1 2:00 PM F Jul 11, 2023 Board members present: Chairman Cory Wright, Vice Chairman Brett Wachsmith and Commissioner Laura Osiadacz. Others: Patti Stacey and Lisa Lawrence. Elishia Harvill, Miranda Paul and Brian Carlson out at 2:07. Call to Order at 2:00 p.m. Citizen Comments (1 min. time limit) None Request to Approve a Budget Amendment for Prosecutor: Brian Carlson presented the Board with a budget worksheet. Discussion was held on the worksheet and 3/10ths funding. Brian will bring back a resolution for amendment. Solid Waste Updates: Discussion was held on complaints received at Ryegrass. Patti informed the Board that Ecology was on site today to verify that we are not crushing concrete at this time. Discussion was held on moving towards closure of the Limited Purpose Landfill. Request Board to Initial Agreement to Rescind Purchase and Sale Agreement: Patti informed the Board that the Title Company added language to the previously signed document to clarify where the funds should be returned. Commissioner Wachsmith made a motion to approve, Commissioner Osiadacz seconded, motion passed. 3-0. Request Board Signature on Professional Services Agreement for Upper County Transfer Station Scale Replacement: Patti informed the Board that she went out to bid for the replacement of the scales and only received one bid from Belsaas and Smith. Commissioner Wachsmith made a motion to approve the PSA Agreement, Commissioner Osiadacz seconded, motion passed. 3-0. Request Board to Ratify Vice Chair's Signature on Public Works Board Loan Application: Patti informed the Board that she recently found out that she could apply for a second loan and with it she could fully fund the new Transfer Station. Commissioner Wachsmith made a motion to ratify the Vice Chair's signature, Commissioner Osiadacz seconded, motion passed. 3-0. Request Boards Approval for Chairs Signature on Easement and Joint Use Agreement for the Upper County Transfer Stations East Entrance: Patti informed the Board this is needed to finalize the application. DOT is requiring the driveway lines up with the driveway across the road at the Wastewater Treatment Plant. Commissioner Wachsmith made a motion to approve the Chair's signature on the Easement and Joint use Agreement, Commissioner Osiadacz seconded, motion passed. 3-0. 2023-07-11 MINUTES Request Boards Approval for Chair's Signature on Litter Grant: Commissioner Wachsmith made a motion to approve Chair's signature on the Litter Grant, Commissioner Osiadacz seconded, motion passed.3-0. Request Boards Approval for Chair's Signature on the SWMLSWFA Grant: Item pulled from agenda still waiting for document from Ecology. Update on Upper County District Court Parking Lot: Patti informed the Board that the Engineers estimate to fix the sinkhole, add a flagpole, and to make the entrance ADA compliant is $110,000.00. The project is permitted with the city, and she plans to go out to bid on the next agenda. Discussion/Decision on Upper District Court Windows: Patti informed the Board that the windows were a concern for employees. Patti requested Board approval to install film and that she had a quote in the amount of $1600.00. The Board approved the request to install and directed staff to make the Logo's bigger to help with signage of the building. Update on North Parking Lot Project: Patti informed the Board that she is ready to re -submit to the City of Ellensburg along with the SEPA next week and that the project is under budget. Request Board Approval to Publish Bid Invitation for Land Application: Patti informed the Board that she had approval from the Department of Ecology to land apply 554,685 gallons this year and requested Boards approval to go out to bid. Commissioner Wachsmith made a motion to approve, Commissioner Osiadacz seconded, motion passed. 3-0. Other Business - No Action to be taken. Discussion was held on the fire suppression system at the new LCTS. Patti informed the Board that the Bloom project is going well. Discussion was held on the status of Shady brook. Patti informed the Board that we are waiting for the Demo Permits from the City of Ellensburg and hope to start on July 17th. Discussion was held on new Courthouse and developing talking points for public input. Discussion was held on the costs of on -going maintenance and repairs at the existing Courthouse/Jail, including hiring an on -call Architect off the small works roster to look at patching the building. Further discussion was held on the Fire Sprinkler system in the Jail. A brief discussion was held on funding options. Concluded at 2:43 p.m. Lisa Lawrence 2023-07-11 MINUTES KITTITAS COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Cory Wright, Chairman GENERAL FUND Expense Increase (Reduction) Assessor vehicle purchase from Public Works 10,000 Building Maintenance North Parking Lot 600,000 Building Maintenance HVAC projecct revision (350,000) Building Maintenance Upper County EOC design 300,000 Misdemeanant Probation personnel approved but not reflected 5,000 Pest and Disease Control expense revision (50,000) Prosecutor Software 71,000 Prosecutor Lease (150,000) Public Defense software 22,000 Public Defense Jan -Feb prof services 16,100 Public Defense Lease (150,000) Upper District Court Jan -Feb prof services (16,100) TOTAL EXPENSE INCREASE (REDUCTION) 308,000 Revenue Increase (Reduction) Grants elimination of Pest control state grant (95,000) Property Tax portion of levy to Veteran's fund (49,000) OPD Grant previously in Courts, not in 2023 budget 50,600 TOTAL REVENUE INCREASE (REDUCTION) (93,400) Transfer Out to Airport; operating subsidy 300,000 Transfer In from Capital Improvements; Upper County EOC 300,000 NET TRANSER IN (OUT) - NET INCREASE (REDUCTION) TO GENERAL FUND (401,400) OTHER FUNDS 3/10ths Expense; Prosecutor software 20,000 3/10ths Expense; Prosecutor leasehold improvements 401,250 3/10ths Expense; Prosecutor lease 60,000 481,250 Airport transfer in; General Fund Subsidy 300,000 Airport Expense; grant -funded projects 2,795,000 Airport Revenue; Federal Grants 2,515,491 20,491 ARPA Expense; Center for Public Lands 24,000 ARPA Expense; KCHS Museum 350,000 ARPA Expense; KITTCOM 300,000 ARPA Transfer out; Airport grants -match 280,000 ARPA Expense; North Parking Lot 600,000 1,554,000 Capital Improvements Transfer out; Upper County EOC 300,000 Public Health Revenue; opiod abatement 62,000 Veterans Expense; increase to operating expense 28,288 AGREEMENT TO RESCIND PURCHASE AND SALE AGREEMENT Kd tas County and Triple L LLC (Randy H. Lamb, Manager) entered into a Purchase and Sale agreement for real property (parcel #529333, more specifically described therein) on or about on August 28, 2019. The parties (Kd tas County and Triple L LLC) desire to rescind said purchase and sale agreement and to release the earnest money described therein within section #3. IN their seal WITNWHEREOF, County and Triple L LLC have signed their names and affixed s this r ay of 2029 MM Approved as to form: Prosecuting Attorney COUNTY: BOARD OF COUNTY COMMISSIONERS f4TT7TAS C0YNTY, WASHINGTON /Chair TRIPLE L LLC: Signature: Lk— v a -- Address: sLc�W11 q.9937 The above signatories agree that the funds are being returned to the County by authorization of initialing below. PROFESSIONAL SERVICES AGREEMENT This Agreement is made by and between Kittitas County (hereinafter "the County") and Belsaas & Smith Construction (hereinafter "Contractor"). The County and Contractor agree as follows: General Conditions; Exhibit A (Scope of Work); Exhibit B (Compensation); Exhibit C (Proof of Insurance). copies of which are attached hereto and incorporated herein by this reference as fully as if set forth herein. The term of this Agreement shall commence on the July 18, 2023, and continue until completion of the project. Any party may terminate this Agreement by giving thirty (30) days' notice in writing either personally delivered or mailed postage -prepaid by certified mail, return receipt requested, to the party's last known address for the purposes of giving notice under this paragraph. Contractor acknowledges and by signing this Agreement agrees that the Indemnification provisions set forth in Paragraphs 7 (Independent Contractor), 9 (Taxes), 15 (Defense and Indemnity Agreement), 21 (Patent/Copyright Infringement) and 24 (Confidentiality), are totally and fully part of this Agreement and have been mutually negotiated by the parties. Professional Services Agreement (rev. 09/24/2018) Page 1 of 17 N WITNESS WHEREOF, the parties have executed this Agreement this i/ day of, , 2023. APPROVED: Belsaas & Smith Construction, Inc. BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Signature of Signatory Cha?man- (Date -7 i y ziz: Print Name of Signatory Contractor Address: P.O. Box 926 Ellensburg, WA 98926 Project Contact: Bryan Nelson Professional Services Agreement (rev. 09/24/2018) Page 2 of 17 Vice- hairman �Com issio er Attest: Clerk of the Board Approved as to Form: By: Deputy Prosecuting Attorney County's Address: Kittitas County 205 West 5th Avenue, Suite 108 Ellensburg, WA 98926 Project Contact: Patti Stacey GENERAL CONDITIONS 1. Scope of Contractor's Services: Contractor agrees to provide to the County services and any materials set forth in the project narrative identified in Exhibit "A" during the Agreement period. No material, labor, or facilities will be furnished by the County, unless otherwise provided for in the Agreement. 2. Performance of Work: Contractor shall perform work in accordance with, and shall comply with, all of the provisions of this Agreement. All work shall comply with applicable codes and ordinances. 3. Schedule of Performance: Unless directed otherwise by the County, Contractor shall perform the work in accordance with any schedules made a part of this Agreement. 4. Definitions: 4.1 "Additional Insureds" means the County, its successors and assigns, and the respective directors, officers, employees, agents and representatives of the County and its successors and assigns. 4.2 "Support" means the following: Contractor's directors, officers, employees, agents and representatives; and sub -Contractors of any tier; the respective directors, officers, employees, agents and representatives of these sub - Contractors of any tier; and any other person or entity acting under the direction or control of, or on behalf of, Contractor or any Contractor's sub - Contractors of any tier in connection with or incident to the performance of the Work or this Agreement. 4.3 The "Work" means all of the duties listed in Exhibit A and the performance of all other obligations, under this Agreement by Contractor or its Support. 5. Accounting and Payment for Contractor Services: Payment to the Contractor for services rendered under this Agreement shall be as set forth in Exhibit "B". Where Exhibit "B" requires payments by the County, payment shall be based upon billings, supported unless otherwise provided in Exhibit "B", by documentation of units of work actually performed and amounts earned, including where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested. Unless specifically stated in Exhibit "B" or approved in writing in advance by the Kittitas County Board of Commissioners, the County will not reimburse the Contractor for any costs or expenses incurred by the Contractor in performance of this Agreement. Where required, the County shall, upon receipt of appropriate documentation, compensate the Contractor, no more often than monthly, through the County voucher system, for the Contractor's service pursuant to the fee schedule set forth in Exhibit "B". Professional Services Agreement (rev. 09/24/201 S) Page 3 of 17 6. Assignment and Subcontracting: No portion of this Agreement may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of the County. 7. Independent Contractor: The Contractor's services shall be furnished by the Contractor as an independent Contractor and nothing herein contained shall be construed to create a relationship of employer - employee or master -servant, but all payments made hereunder and all services performed shall be made and performed pursuant to this Agreement by the Contractor as an independent Contractor. The Contractor acknowledges that the entire compensation for this Agreement is specified in Exhibit "B" and the Contractor is not entitled to any County benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to Kittitas County employees. Contractor will defend, indemnify and hold harmless the County, its Additional Insureds, officers, agents or employees from any loss or expense, including but not limited to settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. 8. No Guarantee of Employment: The performance of all or part of this Agreement by the Contractor shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of the Contractor or any employee of the Contractor or any sub -Contractor or any employee of any sub -Contractor by the County at the present time or in the future. 9. Taxes: The Contractor understands and acknowledges that the County will not withhold Federal or State income taxes. Where required by State or Federal law, the Contractor authorizes the County to make withholding for any taxes other than income taxes (i.e. Medicare). All compensation received by the Contractor will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the Contractor to make the necessary estimated tax payments throughout the year, if any, and the Contractor is solely liable for any tax obligation arising from the Contractor's performance of this Agreement. The Contractor hereby agrees to indemnify the County against any demand to pay taxes arising from the Contractor's failure to pay taxes on compensation earned pursuant to this Agreement. The County will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The Contractor must pay all other taxes including, but not limited to: Business and Occupation Tax, taxes based on the Contractor's gross or net income, or personal property to which the County does not hold title. The County is exempt from Federal Excise Tax. Professional Services Agreement (rev. 09/24/2018) Page 4 of 17 10. Regulations and Requirement: This Agreement shall be subject to all laws, rules and regulations of the United States of America, and State of Washington, and political subdivisions of the State of Washington, and to any other provisions set forth herein or in the attached exhibits. 11. Right to Review: This contract is subject to review by any Federal or State auditor. The County or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the County. Such review may occur with or without notice, and may include, but is not limited to, on -site inspection by County agents or employees, inspection of all records or other materials which the County deems pertinent to the Agreement and its performance, and any and all communications with or evaluation by service recipients under this Agreement. The Contractor shall preserve and maintain all financial records and records relating to the performance of work under this Agreement for 6 years after contract termination, and shall make them available for such review, within Kittitas County, State of Washington, upon request. 12. Modifications: 12.1 Either party may request changes in the Agreement. Any and all agreed modifications shall be in writing, signed by each of the parties. 12.2 The County may, at any time, by written notice thereof to Contractor ("Change Notice") makes changes in the Work within the general scope of this Agreement, including, but not limited to: (a) changes in, revisions to, substitutions for, additions to or deletions of any Work; (b) changes in schedule; and (c) acceleration, deceleration or suspension of performance of any Work. 12.3 If any change in the Work causes an increase or decrease on Contractor's cost of, or the time required for, performance of the Work, an equitable adjustment in the compensation to Contractor and in the schedule for the performance of the Work shall be made to reflect such an increase or decrease. 12.4 Notwithstanding any dispute or delay in arriving at a mutually acceptable equitable adjustment, Contractor shall proceed in accordance with all Change Notices. Contractor must, within thirty (30) days after receipt of any Change Notice that does not set forth any acceptable adjustment, submit to the County a written statement setting forth any adjustment claimed. 12.5 If any change results in a decrease in the Work performed, Contractor shall be entitled to compensation associated with changing the Work, such as Professional Services Agreement (rev. 09/24/2018) Page 5 of 17 revising design already completed, revising calculations already performed, and revising documents. 13. Termination for Default: If the Contractor defaults by failing to perform any of the obligations of the Agreement or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, the County may, by depositing written notice to the Contractor in the U.S. mail, postage prepaid, terminate the Agreement, and at the County's option, obtain performance of the work elsewhere. If the Agreement is terminated for default, the Contractor shall not be entitled to receive any further payments under the Agreement until all work called for has been fully performed. Any extra cost or damage to the County resulting from such default(s) shall be deducted from any money due or coming due to the Contractor. The Contractor shall bear any extra expenses incurred by the County in completing the work, and all damage sustained, or which may be sustained by the County by reason of such default. If a notice of termination for default has been issued and it is later determined for any reason that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof. 14. Termination for Public Convenience: The County may terminate the Agreement in whole or in part whenever the County determines, in its sole discretion that such termination is in the best interests of the County. Whenever the Agreement is terminated in accordance with this paragraph, the Contractor shall be entitled to payment for actual work performed at unit contract prices for completed items of work. In the event of such termination, an equitable adjustment shall be made in the compensation payable to Contractor. An equitable adjustment in the contract price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this Agreement by the County at any time during the term, whether for default or convenience, shall not constitute a breach of contract by the County. 15. Defense & Indemnity Agreement: The Contractor agrees to and shall defend, indemnify and hold harmless the County, its Additional Insureds, 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 Additional Insureds, its elected or appointed officials, agents, 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 of the Professional Services Agreement (rev. 09/24/2018) Page 6 of 17 Contractor, its sub -Contractors, its elected officers, employees or their agents, except only such injury or damage as shall have been occasioned by the sole negligence of the County, its Additional Insureds, appointed or elected officials, agents, or employees. It is further provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided herein. 16. Industrial Insurance Waiver: With respect to the performance of this Agreement and as to claims against the County, its Additional Insureds, officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this agreement extend to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties to this Agreement. 17. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action of litigation shall be in the Superior Court of the State of Washington in and for the County of Kittitas. This Agreement shall be governed by the law of the State of Washington. 18. Withholding Payment: In the event the Contractor has failed to perform any obligation to be performed by the Contractor under this Agreement within the time set forth in this Agreement, then the County may, upon written notice, withhold all monies due and payable to Contractor, without penalty, until such failure to perform is cured or otherwise adjudicated. 19. Future Non -Allocation of Funds: If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the County will not be obligated to make payments for services or amounts incurred after the end of the current fiscal period. No penalty or expense shall accrue to the County in the event this provision applies. 20. Contractor Commitments, Warranties and Representations: The Contractor represents and warrants to the County as follows: 20.1 The Contractor is duly incorporated, validly existing and in good standing under the laws of the State of Washington, and has all requisite corporate power and authority to enter into and to perform its obligations under this Agreement. 20.2 The Contractor has the authority to execute this Agreement, to make the representations and warranties set forth in it and to perform the obligations of the Contractor under this Agreement in accordance with its terms. Professional Services Agreement (rev. 09/24/2018) Page 7 of 17 20.3 This Agreement has been validly executed by an authorized representative of the Contractor and constitutes a valid and legally binding and enforceable obligation of Contractor. 20.4 The Contractor has or will obtain prior to the commencement date such licenses, permits and other authorizations from federal, state and other governmental authorities, as are necessary for the performance of its obligations under this Agreement. 20.5 The Contractor is not in violation of any applicable law, ordinance or regulation the consequence of which will or may materially affect Contractor's ability to perform its obligations under this Agreement. The Contractor is not subject to any order or judgment of any court, tribunal or governmental agency which materially and adversely affects its operations or assets in the State of Washington, or its ability to perform its obligations under this Agreement. 20.6 None of the representations or warranties in this Agreement, and none of the documents, statements, certificates or schedules furnished or to be furnished by Contractor pursuant hereto or in connection with the performance of the obligations contemplated under this Agreement, contains or will contain any untrue statement of a material fact or omits or will omit to state a material fact necessary to make the statements of fact contained therein not misleading. 21. Patent/Copyright Infringement: Contractor will defend and indemnify the County from any claimed action, cause or demand brought against the County; to the extent such action is based on the claim that information supplied by the Contractor infringes any patent or copyright. The Contractor will pay those costs and damages attributable to any such claims that are finally awarded against the County in any action. Such defense and payments are conditioned upon the following: 21.1 Contractor shall be notified promptly in writing by County of any notice of such claim. 21.2 Contractor shall have the right, hereunder, at its option and expense, to obtain for the County the right to continue using the information, in the event such claim of infringement is made, provided no reduction in performance or loss results to the County. 22. Disputes: 22.1 General Differences between the Contractor and the County, arising under and by virtue of the Agreement Documents shall be brought to the attention of the County at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, instructions, and decisions of the Kittitas County Commissioners shall be final and conclusive. Professional Services Agreement (rev. 09/24/2018) Page 8 of 17 22.2 Notice of Potential Claims The Contractor shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the County, or (2) the happening of any event or occurrence, unless the Contractor has given the County a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by the County. The written Notice of Potential Claim shall set forth the reasons for which the Contractor believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. Contractor shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. 22.3. Detailed Claim The Contractor shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the completion of the portion of the work from which the claim arose, and before final payment by the County, the Contractor has given the County a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or extension of time claimed to be due. 23. Ownership of Items Produced: All writings, programs, data, public records or other materials prepared by the Contractor and/or its consultants or sub -Contractors, in connection with performance of this Agreement shall be the sole and absolute property of the County. 24. Confidentiality: The Contractor, its employees, sub -Contractors, and their employees shall maintain the confidentiality of all information provided by the County or acquired by the Contractor in performance of this Agreement, except upon the prior written consent of the Kittitas County Prosecuting Attorney or an order entered by a court after having acquired jurisdiction over the County. Contractor shall immediately give to the County notice of any judicial proceedings seeking disclosure of such information. Contractor shall indemnify and hold harmless the County, its Additional Insureds, officials, agents or employees from all loss or expense, including, but not limited to settlements, judgments, setoffs, attorneys' fees and costs resulting from Contractor's breach of this provision. To the extent that any information obtained by the Contractor is required to be shared with or provided to others by the terms of the Statement of the Work, this provision is not breached by such acts. 25. Notice: Professional Services Agreement (rev. 09/24/2018) Page 9 of 17 Except as set forth elsewhere in the Agreement, for all purposes under this Agreement, except service of process, notice shall be given by the Contractor to the department head of the department for whom services are rendered, and to the Kittitas County Commissioners, 205 W 5th Ave, Suite 108, Ellensburg, WA 98926. Notice to the Contractor for all purposes under this Agreement shall be given to the address reflected on the signature page. Notice may be given by delivery or by depositing in the U.S. Mail, first class, postage prepaid. 26. Severability: If any term or condition of this Agreement or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this Agreement are declared severable. 27. Miscellaneous: 27.1 The County's failure or delay to insist upon strict performance of any of the provisions of this Agreement or to exercise any rights or remedies under this Agreement shall not be construed as a waiver or relinquishment to any extent of its right to assert or rely upon any such provisions, rights or remedies in that or any other instance; rather the same shall be and remain in full force and effect. 27.2 This Agreement embodies the entire Agreement between the County and Contractor, and supersedes any and all prior agreements, regarding the Work. No change, amendment or modification of any provisions of this Agreement shall be valid unless set forth in a written instrument signed by the party to be bound thereby. 27.3 The rights and remedies of the County set forth in any provision of this Agreement are in addition to and do not in any way limit any other rights of remedies afforded to the County by any other provisions of this Agreement, by any of Contractor's Support or by law. 27.4 The headings of sections and paragraphs of this Agreement are for convenience of reference only and are not intended to restrict, affect or be of any weight in the interpretation or construction of the provisions of such sections or paragraphs. 28. Waiver: Waiver of any breach or condition of this Agreement shall not be deemed a waiver of any prior or subsequent breach. No terms or conditions of this Agreement shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. 29. Survival: The provisions of paragraphs 7, 9, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 28, 30, 31, and 32 shall survive, notwithstanding the termination or invalidity of this Agreement for any reason. Professional Services Agreement (rev. 09/24/2018) Page 10 of 17 30. Nondiscrimination: 30.1 The County is an equal opportunity employer. 30.2 Nondiscrimination in Employment In the performance of this Agreement, the Contractor will not discriminate against any employee or applicant for employment on the grounds of race, creed, color, national origin, sex, sexual orientation, marital status, age or the presence of any sensory, mental or physical handicap; provided that the prohibition against discrimination in employment because of handicap shall not apply if the particular disability prevents the proper performance of the particular worker involved. The Contractor shall ensure that applicants are employed, and that employees are treated during employment without discrimination because of their race, creed, color, national origin, sex, sexual orientation, marital status, age or the presence of any sensory, mental or physical handicap. Such action shall include, but not be limited to: employment, upgrading, demotion or transfers, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and programs for training including apprenticeships. The Contractor shall take such action with respect to this Agreement as may be required to ensure full compliance with local, state and federal laws prohibiting discrimination in employment. 30.3 Nondiscrimination in Services The Contractor will not discriminate against any recipient of any services or benefits provided for in this Agreement on the grounds of race, creed, color, national origin, sex, sexual orientation, marital status, age or the presence of any sensory, mental or physical handicap. 30.4 If any assignment and/or subcontracting has been authorized by the County, said assignment or subcontract shall include appropriate safeguards against discrimination. The Contractor shall take such action as may be required to ensure full compliance with the provisions in the immediately preceding paragraphs herein. 31. Prevailing Wage: Contractor shall pay the prevailing rate of wages to all workers, laborers, or mechanics employed in the performance of any part of the Work in accordance with RCW 39.12 and the rules and regulations of the Department of Labor and Industries. The schedule of prevailing wages rates for the locality or localities of the Work is determined by the Professional Services Agreement (rev. 09124/2018) Page 11 of 17 Industrial Statistician of the Department of Labor and Industries. It is the Contractor's responsibility to verify the applicable prevailing wage rate. It is understood that the Contractor is responsible for obtaining and completing all required government forms and submitting same to the proper authorities. Disputes regarding prevailing wage rates shall be referred for arbitration to the Director of the Department of Labor and Industries. The arbitration decision shall be final and conclusive and binding on all parties involved in the dispute as provided for by RCW 39.12.060. 32. Debarment Certification: The Contractor certifies that it: 32.1 Is not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency. 32.2 Has not within a three-year period preceding the execution of this contract with Kittitas County, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction, violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice. 32.3 Is not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph 32.2 of this section. 32.4 Has not within a three-year period preceding the preceding the execution of this contract with Kittitas County had one or more public transactions (Federal, State, or local) terminated for cause of default. Professional Services Agreement (rev. 09/24/2018) Page 12 of 17 SCOPE OF WORK In addition to providing all material and labor, the Contractor shall perform the following: Install New scales per Jacobs Engineering Drawings dated May 2023. Professional Services Agreement (rev. 09/24/2018) Page 13 of 17 EXHIBIT "B" COMPENSATION As full compensation for satisfactory performance of the work, the County shall pay Contractor compensation not to exceed: 1) Mobilization: 2) Remove existing scales and replace scales per drawings and specifications: 3) Site Restoration Subtotal Sales Tax @8.4% Total Professional Services Agreement (rev. 09/24/2018) Page 14 of 17 $ 57,410.00 $511,960.00 $ 14,595.00 $583,965.00 $ 49,053.06 $633,018.06 EXHIBIT "C" PROOF OF INSURANCE The Contractor shall secure and maintain in effect at all times during performance of the Work such insurance as will protect Contractor, its Support and the Additional Insureds from all claims, losses, harm, costs, liabilities, damages and expenses arising out of personal injury (including death) or property damage that may result from performance of the work or this Agreement, whether such performance is by Contractor or any of its Support. 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 Contractor shall provide proof of insurance for: ® Commercial General Liability Insurance Coverage limits not less than: • $5,000,000 per occurrence • $1,000,000 per occurrence liquor liability • $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 • Sixty (60) days written notice to the County of cancellation of the insurance policy ❑ Commercial Automobile Liability Insurance (if ANY use of vehicle in performance) Automobile Liability for owned, non -owned, hired, and leased vehicles (MCS 90 endorsement and a CA 9946 endorsement must be attached if `pollutants' are to be transported) ■ Coverage limits not less than: • $1,000,000 combined single limit ■ Thirty (30) days written notice to the County of cancellation of the insurance policy. Additional Coverage May Be Required: ❑ Workers' Compensation Professional Services Agreement (rev. 09/24/2018) Page 15 of 17 Workers' Compensation in amounts required by law ❑ Stop Gap/Employers Liability Coverage limits not less than: • $1,000,000 each accident • $1,000,000 disease — policy limit • $1,000,000 disease — each employee ■ Thirty (30) days written notice to the County of cancellation of the insurance policy. ❑ Professional Liability The Contractor and/or its Subcontractor and/or its consultant providing professional services shall provide evidence of Professional Liability Insurance covering professional errors and omissions. Such policy must provide the following minimum limits: ■ $1,000,000 per claim ■ $2,000,000 annual aggregate ■ If insurance is on a claims -made form, its retroactive date, and that of all subsequent renewals, shall be no later than the effective date of this Agreement. ❑ Pollution Liability The Contractor 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: • Contractor'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: ■ $ per claim ■ $ annual aggregate ❑ Property Damage The Contractor shall provide a policy that covers damage to Kittitas County facilities, including buildings, equipment, grounds, etc. Such policy shall provide the following minimum coverage: • $ per occurrence ❑ Umbrella Coverage Professional Services Agreement (rev. 09/24/2018) Page 16 of 17 Umbrella policies shall provide coverage at least as broad as specified for underlying coverages (CGL, Auto, Employer's Liability) and cover those insured in the underlying policies, including additional insured. • Amount required for this Agreement: $ Contractor shall furnish the County a Certificate of Insurance to include the Policy Endorsements/Exclusions as evidence that policies providing insurance required by this Agreement are in full force and effect. Contractor hereby waives all rights of recourse, including any right to which another may be subrogated, against Kittitas County for personal injury, including death, and property damage. Contractor's insurance policies required above shall be primary insurance and shall be non-contributing with any other insurance maintained by Kittitas County. The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor's employee -owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences. The Contractor shall have sole responsibility for ensuring the insurance coverage and limits required are obtained by subcontractors. NOTE: No contract shall form until and unless a copy of the Certificate of Insurance with Endorsements/Exclusions, properly completed and in the amount required, is attached hereto. Failure of the Contractor to fully comply with the above insurance requirements during the term of the Agreement shall be considered a material breach of contract and cause for immediate termination of the Agreement at the County's discretion. Alternatively, the County may procure and maintain, at the Contractor's sole expense, insurance to the extent deemed proper up to the amount of the required coverage(s). The County may offset the cost of such insurance against payment due to the Contractor under this Agreement. Professional Services Agreement (rev. 09124/2018) Page 17 of 17 Attachment - Applicant Certification WHEREAS, Kittitas County is applying to the Washington State Public Works Board for a low -interest loan for an eligible project; and WHEREAS, RCW 43.155.070 requires that applicants planning under RCW 36.70A.040 must have adopted comprehensive plans in conformance with the requirements of chapter 36.70A RCW, and must have adopted development regulations in conformance with requirements of chapter 36.70A RCW; and WHEREAS, RCW 70A.205.055 requires a comprehensive Solid Waste Management Plan to be adopted by the city or county, and WHEREAS, RCW 70.235.070 requires Greenhouse Gas Emission Reduction requirement, and WHEREAS, RCW 43.155.070(8) requires that solid waste or recycling facility is consistent with and necessary to implement the comprehensive solid waste management plan adopted by the city or county under chapter 70A.205.055 RCW. WHEREAS, the applicant certifies that it has a currently adopted plan for each and every one of the systems it owns and operates and that these plans fully conform to the specifics within this application; and WHEREAS, RCW 43.155.070 requires that county and city applicants must have adopted the local optional one -quarter of one percent Real Estate Excise Tax, as described in chapter 82.46 RCW; and WHEREAS, the local government must be using all local revenue sources which are reasonably available for funding public works, taking into consideration local employment and economic factors; and WHEREAS, the applicant states that their Capital Facility Plan is consistent with the Comprehensive Land Use Plan of thejurisdiction in which they provide service; and WHEREAS, the local governing body has approved submission of this application to the Public Works Board; and WHEREAS, the applicant certifies that, there is currently no litigation in existence seeking to enjoin the commencement or completion of the above -described public facilities project or to enjoin the applicant from repaying the loan extended by the Public Works Board with respect to such project. The applicant is not a party to litigation, which will materially affect its ability to repay such loan on the terms contained in the loan agreement. WHEREAS, the applicant recognizes and acknowledges that the information in the application forms is the only information, which will be considered in the evaluation and/or rating process. Incomplete responses will result in a reduced chance of funding. In order to ensure fairness to all, the Public Works Board does not accept any additional written materials or permit applicants to make presentations before the Board; and WHEREAS, it is necessary that certain conditions be met as part of the application process; and WHEREAS, RCW 43.155.060(3) requires that the project will be advertised for competitive bids and administered according to standard local procedure, and WHEREAS, the loan will not exceed the maximum amount allowed by the Public Works Board of eligible costs incurred for the project; and WHEREAS, any loan arising from this application constitutes a debt to be repaid, and Brett Wachsmith, Vice Chair County Commissioner has reviewed and concluded it has the necessary capacity to repay such a loan; and WHEREAS, the information provided in this application is true and correct to the best of the government's belief and knowledge and it is understood that the state may verify information, and that untruthful or misleading information may be cause for rejection of this application or termination of any subsequent loan agreement(s); and NOW THEREFORE, Kittitas County certifies that it m�4ts`these Public Works Board, provided that thq terms and Signed: Name: Brett Title: Vice Chair, Board of County Commissioners Date: 7/6/2023 and further that it intends to enter into a loan agreement with the to both parties. 7/6/23, 4:19 PM Print/Preview _ WASHINGTON STATE Public Works Board Infrastructure is Fundamental Powered )yZoom Grants "" and Washington State Dept. of Commerce Public Works Board Public Works Board 2024 Public Works Board Loan Cycle Deadline: 7/7/2023 Kittitas County Solid Waste Ellensburg Transfer Station Jump to: Application Summary Community Financial Health Tables Documents $ 7,662,000.00 Requested Project Contact Patti Stacey patti.stacey@co.kittitas.wa.us Tel: 509-962-7542 Additional Contacts Molly.Paterson@jacobs.com Application Summary top General Applicant Information Kittitas County Solid Waste 925 S Industrial Way Ellensburg, WA 98926 United States Chair C r Wright Co .Wright@co.kittitas.wa.us Telephone509-962-7542 Fax Web 1. Type of PWB Loan: Select one. Ifyou have more than one application for a different type, select Open Programs above and select Apply Again. 0 Construction ❑ Emergency ❑ Pre -Construction 2. Primary System: Select the type of system for which you are seeking PWB funding. ❑ Stormwater E41 Solid Waste/Recycling/Organics ❑ Roads/Streets ❑ Bridges ❑ Domestic Water https://www.zoomgrants.comlprintprop.asp?rfpidu=948F1 F7B4E2F4779858Bl5D4C8OF77AA&propidu=35489FB76EC347078DAB7C253F284756&... 2/21 7/6/23, 4:19 PM Print/Preview https://www.zoomgrants.com/printprop.asp?rfpidu=948F1 F7B4E2F4779858B15D4C80F77AA&propidu=35489FB76EC347078DAB7C253F284756&... 3/21 7/6/23, 4:19 PM ❑ Sanitary Sewer Nnt/Preview 3. Secondary System(s): Select any other system(s) that this project also impacts. You may select all that apply. ❑ Stormwater ❑ Solid Waste/Recycling/Organics ❑ Roads/Streets ❑ Bridges ❑ Domestic Water ❑ Sanitary Sewer 4. Project Contact Person and Loan Re -payment Contact Person (Name, Email, Phone Number): if different than applicant contact, please list the Project Manager and Financial Contact. -no answer- S. Statewide Vendor Number: A SWV number is required at the time a contract is awarded. Ifyou don't have one, put zeros in this field. Statewide Vendor Number Search: https://ofm. wa.gov/it-systems/accounting-systems/statewide- vendorpayee-services/statewide-vendor-number-lookup SWV0010475-13 6. Unified Business Identifier (UBI) #: If applicable. 600654948 7. Legislative and Congressional Districts of Project Area: Ifyour project crosses multiple districts, please note each one. Disregard the "Total"generated by this field. You can find the district ofyour project site address(es) here: https.Ilapp.leg, wa.gov/DistrictFinder/ 13th j Legislative District(s) �— 8thl Congressional District(s) 0.001 TOTAL 8. Project Site Address: Address, City, County, State and Zip code 2603 Green Ave, Ellensburg, Kittitas County, Washington, 98926 9. If your jurisdiction is in a non -distressed or distressed county, please list the Census Tract(s) that are served by this project's site or service area: To check your distressed status, please check the following interactive map: https://www.arcgis.comlappslinstantlbasiclindex.html?appid=08facbf76b504dbe9279241bc097f8a0 Non - distressed counties show census tract level hardship status ifyou zoom in. The Census Tract that will be served by this project's site are: distressed Census Tract 9756, Kittitas County, Washington distressed Census Tract 9754.02, Kittitas County, Washington 10. Project Description: Briefly describe the portion of the project that would be funded by PWB. Do not explain the background of the project. Kittitas County Solid Waste will construct a new solid waste transfer station at a new location. The new transfer station will be designed to address existing facility limitations and support a growing community. The new facility will include a transfer building, composting area, moderate risk waste (MRW) building, composting services, and recycling depot as well as various administrative, parking, and other required https://www.zoomgrants.com/printprop.asp?rfpidu=948F1 HNE2F4779858B15D4C80F77AA&propidu=35489FB76EC347078DAB7C253F284756&... 4/21 7/6/23, 4:19 PM Print/Preview https://www.zoomgrants.com/printprop.asp?rfpidu=948F1 F7B4E2F4779858B15D4C80F77AA&propidu=35489FB76EC347078DAB7C253F284756&... 5/21 7/6/23, 4:19 PM Print/Preview elements. The funding we are requesting during the 2024 Public Works Board Loan Cycle will specifically fund the MRW building and the administrative building of the transfer station campus. 11. Project funding will be used to: Please select all that apply. 1Y Construct new infrastructure ❑ Replace/repair/enhance existing infrastructure 12. Project Scope: Describe the specific deliverables of the project (or portion of the project) funded by PWB. if the proposed project is part of multiple phases, please briefly summarize the other phases of the project. The 2023 Public Works Board Loan that was applied to will provide funding to construct the Transfer Building, the Compost Facility, the Recycling Depot, and the Scale House. Due to the unexpected, abnormal increase in construction and labor costs due to supply chain issues and inflation since the engineers estimate was developed in 2020, Kittitas County Solid Waste is applying to this 2024 Public Works Board Loan Cycle to fund the construction of the Moderate Risk Waste facility and the workspace and parking for up to 12 support individuals. 13. Does this project complete a previous preconstruction loan from the PWB? ❑ Yes No 14. Does the requested amount complete the funding package for this project? 7 Yes ❑ No Archaelogical and Cultural Resources 15. In accordance with Governor's Executive Order 21-02, archaeological and cultural resources, PWB conducts the GEO 21-02 and the Tribal Consultation, prior to construction and land acquisitions. Please do not submit the EZ-1 or EZ-2 form to DAHP. Completed EZ-1 or EZ-2 documents should be attached to this application. Due to federal funding, has a section 106 review been completed? If yes, please upload that documentation. If not, complete the EZ-1 form template and upload. Yes ❑ No Documents Requested * EZ-1 Form OR Section 106 Documentation download template Community Financial Health top Required?Attached Documents 0 05-05 Letter of No Effect Cultural Resource Assessment Letter EZ-1 Form 1. Select Loan repayment fund dedicated for loan security (info will be incorporated into contract): If it is a Local Improvement District for the loan security, please name the special assessment district's name. httpsJ/www.zoomgrants.com/printprop.asp?rfpidu=948F1 F7B4E2F4779858B15D4C80F77AA&propidu=35489FB76EC347078DAB7C253F284756&... 6/21 7/6/23, 4:19 PM Print/Preview https://www.zoomgrants.comlprintprop.asp?rfpidu=948F1 F7B4E2F477985BB15D4C8OF77AA&propidu=35489FB76EC347078DAB7C253F284756&... 7/21 7/6/23, 4:19 PM Print/Preview ❑ General Obligation: This loan is a general obligation of the LOCAL GOVERNMENT. !✓i Revenue Obligation: This option may be used only if the entire project is a domestic water, sanitary sewer, storm sewer or solid waste utility project. LOCAL GOVERNMENTS performing a storm sewer project that have not created a storm sewer utility or a combined sanitary sewer/storm sewer utility may not use this option. Projects providing for a mixture of bridge, road, domestic water, sanitary sewer, and storm sewer activities may not use this option. ❑ Local Improvement District: This loan is payable from special assessments collected from a Local Improvement District, Local Utility District or any other similar special assessment district created for the purpose of making the improvements financed by this loan. Please add special assessment district's name. Please explain: 2. Has the local government experienced severe fiscal distress resulting from a natural disaster or emergency public works need in the past 3 years? Ifyes, please explain. ❑ Yes, please explain: Ell'] No 3. Utility Rates: (if applicable) Answers are limited to 10 Characters, abbreviate if necessary. What is the number of Equivalent Residential Units (ERU's)? What is the current base monthly fee for a single-family household paid by residential customers of your facility/system? Additional residential rate per 100 cubic feet (CF)? �— 20221 When was the last time rates were increased? �— yearly; How frequently do you review your utility rates? 2,022.001 TOTAL 4. Number of people in your jurisdiction: 47097' Number of people 47,097.00 TOTAL S. Number of people served by the system in 2020: 65126 Number of people 65,126.00': TOTAL 6. Percentage of the system affected by this project: 60 % affected 60.00 TOTAL PROJECT NEED: 7. Select the Primary Project Need Category your project addresses: Select only one. ❑ Public Health & Safety ❑ Environmental Health ❑ Economic Development/Growth [;� System Performance hftps://www.zoomgrants.00m/printprop.asp?rfpidu=948F1 F7B4E2F4779858B15D4C80F77AA&propidu=35489FB76EC347078DAB7C253F284756&... 8/21 7/6/23, 4:19 PM Print/Preview https://www.zoomgrants.com/printprop.asp?rfpidu=948F1 F7B4E2F4779858B15D4C80F77AA&propidu=35489FB76EC347078DAB7C253F284756&... 9/21 7/6/23, 4:19 PM Print/Preview 8. Select any Secondary Project Need Categories your project addresses: You may select all that apply. ❑ Public Health and Safety ❑ Environmental Health n Economic Development/Growth ❑ System Performance 9. Please explain how this project fits your selections for Primary and Secondary Project Need Categories: The existing solid waste transfer station was constructed approximately 23 years ago and experiences customer backups which results in long customer wait times and safety issues. The station is not large enough to accommodate the current or projected future population and waste stream growth. In addition, the composting area is at capacity and has no room for expansion to process future growth. The current facility needs to be replaced in the next year to accommodate projected increase in future solid waste and recycling tonnages/volumes as well as to align composting practices to comply with WA House Bill 1799. The regional area population growth has also resulted in a necessary increase to the design size of the moderate risk waste (MRW) facility. This facility will provide safe storage for household hazardous waste, including waste paint, batteries, and other hazardous chemicals. To meet the needs of the projected population size and accommodate changing fire code requirements while maintaining safe segregation needs, the MRW facility has doubled in design size, which has also increased the size of the fire protection system and the fire contact water containment capacity. PROBLEM/OPPORTUNITIES TO BE ADDRESSED: In your response please include: Project compliance with existing or emerging regulatory requirements/orders or economic opportunities. Timing restrictions to the identified funding sources or schedule. Environmental impacts the existing situation has, or will have, if this project is not completed. The system's operations and expenses impacted by the situation. 10. What is the problem/opportunity being addressed? Please attach (upload) supporting documentation such as a compliance letter, monitoring report, or award letters. The existing solid waste transfer station was constructed approximately 23 years ago. The existing facility experiences annual flooding as it is almost entirely within a 100-year floodplain and the adjacent river overflows its banks every spring into the transfer station property. The existing facility is limited in size, which generates traffic congestion, long queues, and limits maneuverability for both commercial and private vehicles, while also constrains the facility's growth and doesn't have capacity to expand in alignment with the growing community of Kittitas County. Redesigning the transfer station on the larger parcel will also create an opportunity for Kittitas County to design a new composting area that is forward compatible with WA House Bill 1799. The regional area population growth has also resulted in the need for a larger, safety and fire code compliant moderate risk waste facility for managing household hazardous waste. Once the project reached 60% design, advance site geotechnical investigations were performed to ensure that the foundational supports of the transfer station would be constructed safely. The site was found to have unsuitable foundational soils. 11. Please describe the solution that addresses the problem/opportunity. Kittitas County has gone through the project siting process, collaborating with the County and City of Ellensburg to locate the new facility away from the flood plain. As part of that process the County Solid Waste Department has purchased the property at 2603 Green Avenue and run all the the required utilities hftpsJ/www.zoomgrants.com/printprop.asp?rfpidu=948F1 F7B4E2F4779858B15D4C80F77AA&propidu=35489FB76EC347078DAB7C253F284756... 10/21 7/6/23, 4:19 PM Print/Preview https://www.zoomgrants.com/printprop.asp?rfpidu=948F1 F7B4E2F4779858B15D4C80F77AA&propidu=35489FB76EC347078DAB7C253F284756... 11/21 7/6/23, 4:19 PM to the site. Print/Preview This new site will allow for the replacement of our aging transfer station and compost facility. This replacement will allow the design to match current and future foreseen material diversion requirements and goals as well as composting diversion aligning with WA House Bill 1799. The size of the new site allows for thoughtful, safe traffic patterns to be incorporated which will reduce queuing time and increase safety through traffic separation of commercial and private vehicles. The redesign and new site size in concert will allow for a transfer building to be scaled to the anticipated growth of the regional population. The regional area population growth has also resulted in a necessary increase to the design size of the moderate risk waste (MRW) facility. This facility will provide safe storage for household hazardous waste, including waste paint, batteries, and other hazardous chemicals. To meet the needs of the projected population size and accommodate changing fire code requirements while maintaining safe segregation needs, the MRW facility has doubled in design size, which has also increased the size of the fire protection system and the fire contact water containment capacity. The site soils discovered in the geotechnical report were found to be unsuitable to provide foundational support to the transfer building. The soils will need to be excavated and removed from the site and suitable foundational soils will be imported prior to construction of the transfer building. 12. Does this project fully resolve the problem/opportunity? If not, how do you plan to resolve it? The new transfer facility on the identified site will give us ample space to accommodate regional growth for the next 30 years. This site will also allow for additional space to accommodate composting diversion per WA House Bill 1799 and increased material diversion. The new moderate risk waste building will accommodate additional household hazardous waste streams, allowing for increased diversion and forward capacity to support extended producer responsibility. The funding will also ensure that the unsuitable soils on site will be properly removed and a new transfer building will be constructed in the safest manner possible. The new site is located outside of the floodplain of the river and will not experience the annual sitewide flooding to which the current site is subject. 13. Please describe the outcomes or benefits that are anticipated with the proposed solution. Please include any information regarding the reduction of overall cost of the system affected. Upon completion, the project will provide an updated transfer facility. This updated facility will provide sufficient space to accommodate the growing population of the Kittitas County region, as well as the flexibility to design and construct a modern transfer facility that includes increased material diversion spaces, hazardous household waste management and diversion spaces, increased traffic space enhancing site safety, and a site that poses less of a risk to the ecosystem surrounding, as the annual sitewide flooding events will be eliminated. 14. How will long term sustainability of the finished project and its associated outcomes be achieved? Long term sustainability options and associated implementation actions were summarized in Chapter 4. Waste Reduction, Recycling, and Composting in the Solid Waste Management Plan which was finalized in July of 2020. Specifically in relation to the new transfer station, in section 4.4.2.1 Composting Facility, the upgrade of composting methodology is described to increase the speed of the composting process by using aerated static pile composting. Kittitas County Solid Waste will be investigating feasibility of maximizing solar potential in relation to the new transfer station campus with the design consultant once the design contract is awarded. Additionally, Chapter 8. Moderate Risk Waste (MRW) in the Solid Waste Management Plan discusses the types of MRW and the current collection methods/locations. Additionally, in section 8.7.1, the options for https://www.zoomgrants.com/printprop.asp?rfpidu=948F1 HME2F4779858B15D4C80F77AA&propidu=35489FB76EC347078DAB7C253F284756... 12/21 7/6/23, 4:19 PM Print/Preview https://www.zoomgrants.com/printprop.asp?rfpidu=948F1 F7B4E2F4779858B15D4C80F77AA&propidu=35489FB76EC347078DAB7C253F284756... 13/21 7/6/23, 4:19 PM Print/Preview collection of household hazardous waste are discussed, with expansion of the current MRW facilities being identified as a necessity. This would include accommodating more waste types and/or extending the hours of operation. 15. Are there any barriers or time constraints restricting or delaying the completion of this project? If yes, please explain. Currently the design is progressing through 100% and the project is obtaining the necessary permits to begin construction. Kittitas County Solid Waste is planning to go to bid for construction prior to the fall of 2023. There are no other barriers or time constraints restricting or delaying completion of this project. 16. What are the impacts to the local community if this project is not funded by the PWB? How would your jurisdiction address these impacts? If the remaining portion of the project is not funded by PWB, Kittitas County will continue to seek other funding sources, however construction will need to proceed. This will require project elements to be phased and prioritized. The MRW and office facilities would need to be constructed at a later date, creating limitations to the service offerings for hazardous waste disposal within the community. This project is necessary to the community to support safe growth and the necessary disposal services. 17. What is the "compelling case" for this project? Why should the PWB consider funding this project? This project started in 2016 with community outreach, education and siting. Kittitas County has been working since then to develop a solution to the growing community disposal limitations that exist with the current, aging facility. In the time since 2016, the global pandemic and the resulting growth of rural communities such as Kittitas County in conjunction with changing regulations in the state of Washington has changed and expanded the needs of this project. The capacity requirement for the facility has grown through the following: - the incorporation of composting capabilities to be forward compatible with 1-1131799 - extended producer responsibility requirements through which the County will support through segregated recycling and disposal spaces - the safe handling of higher quantities of household hazardous waste materials. All of these elements have all impacted this project through design maturity and incorporating the elements into the final design will exponentially benefit Kittitas County as it continues to grow. 18. If this project will be completed in partnership with other organizations, agencies, or regionalized efforts, please list those partnerships below and describe the role of each partner. Letters of support or negotiated letters of agreement from major partners should be attached to this application. No, this project is not in partnership with any other organizations/agencies and/or regionalization. 19. Does this project require coordination with other infrastructure projects, either internal or external? For example, a water main replacement project that coincides with a transportation improvement project or a bridge construction project that is connected to a stormwater project. Ifyes, please describe%xplain and provide documentation under the Documents tab of the other connected infrastructure project(s) and construction schedule(s). ❑ Yes, explain: W No 20. Is the project identified in a Capital Improvement Plan (CIP), Capital Facilities Plan (CFP), or similar document? Ifyes, please provide a hyperlink to the document where it asks to 'explain' Ifyour jurisdiction is not required to complete a CIP, UP, or similar document, please select "No." hftps://www.zoomgrants.conVprintprop.asp?rfpidu=948F1 F7B4E2F4779858B15D4C80F77AA&propidu=35489FB76EC347078DAB7C253F284756... 14/21 7/6/23, 4:19 PM Print/Preview https://www.zoomgrants.com/printprop.asp?rfpidu=948F1 F7B4E2F4779858B15D4C80F77AA&propidu=35489FB76EC347078DAB7C253F284756... 15/21 7/6/23, 4:19 PM Print/Preview Yes, explain: This project is in the Capital Improvement Plan L No 21. Are you current with your Growth Management Act (GMA) planning requirements? To check your jurisdiction's compliance with GMA, please review the GMA Status Report linked in the Library above. Yes IJ No ❑ Not Applicable 22. Has a State Environmental Policy Act (SEPA) Checklist been completed for this project and submitted to the Washington Department of Ecology? Ifyes, please include that documentation in this application. Yes 71 No ❑ Not Applicable 23. Does this project encourage economic development through mixed -use and mixed income development? l 1 Yes No 24. Does this project create new, family -wage jobs, and avoid shifting existing jobs from one Washington state community to another? '�il Yes No UNSCORED QUESTIONS 25. Please describe how your project does or does not address environmental impacts related to climate change, such as sea level rise, reduced snowpack, declining aquifers, etc. The moderate risk waste (MRW) building area of the project will help keep hazardous household waste from entering the ground and surface water of the surrounding areas by providing safe containment and disposal. This recycling depot area of the project will promote safe and efficient community access to recycling of plastics, batteries, lightbulbs, paints, etc. The composting area of the project will reduce VOCs and greenhouse gasses released into the environment by safely diverting organics from the waste stream. 26. Does the proposed project support affordable housing? According to RCW 36.70A.030, "affordable housing' means residential housing whose monthly costs, including utilities other than telephone, do not exceed thirty percent of the monthly income of a household whose income is: (a) For rental housing, sixty percent of the median household income adjusted for household size, for the county where the household is located, as reported by the United States department of housing and urban development; or (b) For owner -occupied housing, eighty percent of the median household income adjusted for household size, for the county where the household is located, as reported by the United States department of housing and urban development. Ifyes, explain how. ❑ Yes, please explain: �! No https://www.zoomgrants.com/printprop.asp?rfpidu=948F1 F7B4E2F4779858B15D4C80F77AA&propidu=35489FB76EC347078DAB7C253F284756... 16/21 7/6/23, 4:19 PM Print/Preview https://www.zoomgrants.com/printprop.asp?rfpidu=948F1 F7B4E2F4779858B15D4C80F77AA&propidu=35489FB76EC347078DAB7C253F284756... 17/21 7/6/23, 4:19 PM Print/Preview 27. Does the proposed project directly and specifically benefit an overburdened community? According to the Healthy Environment for All (HEAL) Act of 2021, "overburdened community" means a geographic area where vulnerable populations face combined, multiple environmental harms and health impacts, and includes, but is not limited to, highly impacted communities as defined in RCW 19.405.020. "Vulnerable populations" means population groups that are more likely to be at higher risk for poor health outcomes in response to environmental harms, due to: (i) Adverse socioeconomic factors, such as unemployment, high housing and transportation costs relative to income, limited access to nutritious food and adequate health care, linguistic isolation, and other factors that negatively affect health outcomes and increase vulnerability to the effects of environmental harms; and (ii) sensitivity factors, such as low birth weight and higher rates of hospitalization. "Vulnerable populations" includes, but is not limited to: (i) Racial or ethnic minorities; (ii) Low-income populations; (iii) Populations disproportionately impacted by environmental harms; and (iv) Populations of workers experiencing environmental harms. ❑ Yes No 28. What strategies, if any, does your jurisdiction use to increase the number, size, and percentage of Historically Underutilized Businesses (HUBS) as prime contractors? Per the Equity in Infrastructure Project (EIP), HUBs can include firms formally designated as disadvantaged business enterprises (DBEs), Minority and Women -Owned Business Enterprises (M/WBE), Small Business Enterprises (SBE), and it can include any other business classification used locally in the United States intended to boost the participation of otherwise underutilized firms, which can vary by state, region, and municipality. For more information, please visit the Washington State Office of Minority and Women's Business Enterprises link in the Library. Kittitas County advertises opportunities in the Daily Journal of Commerce and other publications to encourage all firms to participate in the procurement process. LOCAL MANAGEMENT EFFORT (SCORED QUESTIONS RESUME) 29. Please describe below and provide documentation of 3 examples from the past 3 years that demonstrate how you maintain and sustainably operate the system(s) for which you are applying. (e.g., Asset Management Plan, Pavement Management System, Leakage Detection Program, Scheduled Chip Sealing, update Water System Plan or Solid Waste Management Plan, etc...) Ifyou are unable to give three examples, please explain why. 1. Solid Waste Management Plan (Attachment 2) 2. Capital Improvement Plan (https://www.co.kittitas.wa.us/uploads/bocc/ordinances/2021-014- ordinance.pdf ) 3. Kittitas County Moderate Waste Facility Operations Plan 2022 (Attachment 3) 30. Please describe below and provide documentation of 3 examples from the past 3 years that show the system's administrative, financial, or planning stability. (e.g., Disaster Resiliency Plan, Emergency Plan, Rate Study, Income Survey, Annual Budgeting, etc.) Ifyou are unable to give three examples, please explain why. 1. Kittitas County Solid Waste completes annual budgeting, with the most recent review occurring in 2022 (Attachment 5) 2. Kittitas County Solid Waste rate study and increase in November 2022 https://www.co.kittitas.wa.us/uploads/bocc/resolutions/2022-160-resolution.pdf 3. Kittitas County Moderate Waste Facility Operations Plan 2022 (Attachment 3) 31. Please describe below and provide documentation of 3 examples from the past 3 years that show https://www.zoomgrants.com/printprop.asp?rfpidu=948F1 F7B4E2F4779858B15D4C80F77AA&propidu=35489FB76EC347078DAB7C253F284756... 18/21 7/6/23, 4:19 PM Print/Preview evidence of your ability to complete capital projects or activities for this system. (e.g. Project Specific Title, etc.) Ifyou are unable to give three examples, please explain why. During the previous 3 years multiple projects have been accomplished to provide accommodation for the relocation and construction of a new transfer station facility in Kittitas County. 1. The Solid Waste Management Plan was updated and finalized in July of 2020. 2. The site was selected through a rigorous public outreach campaign. The site was then rezoned and permitted to accommodate the transfer facility campus in March of 2021. 3. Underground utilities and a new collector roadway were designed and constructed to the site with construction completion achieved in November of 2021. 32. Have you secured any other funding sources for your project? Ifyes, please list funding sources and amounts below and complete the tables in the Tables tab labeled 'Project Funding - Attempts' and 'Project Funding - Secured n Yes, explain: 2023 Public Works Board Emergency Loan App ID: 413065, $10,000,000 ❑ No Tables top Estimated Proiect Schedule/Cost/Readiness to Proceed Activi Current Percent Completion Total Project PWB Requested Status Complete Date Amount Amount Engineering Report (Preliminary Completed 100 % 07/20 $ 198,813 Engineering) _ _(MoN ) Cultural and Historical Completed 100 % 04/19 $ 83,985 $ 0 Resources Review (Section 106 _ _(MoN ) or Executive Order 21-02) Environmental Review Completed 100 % 02/20 $ 54,2300 _ _(MoN ) Land/Right-of-way Completed 100 % 10/21 $ 3,388,735 Acquisition/Site-Control _ _(MoN ) Permits In Work 80 % 08/23 $ 817,961 _(MoN Public Involvement/information Completed 100 % 12/21 $ 139,118 0 _ _(Mo/Yr) Bid Documents (Design In Work 95 % 08/23 $ 900,000 $ 0 Engineering) _(MoN ) Award Construction Contract Not Started 0 % 10/23 $ 112,937 $ 0 _ _(MoN ) Construction Start (Pre- Not Started 0 % 10/23 $ 17,662,000 $77,662,000 construction identify target date) _ _(MoN ) Construction Complete Pre- Not Started 0 % 04/25 $ 750,0000 construction identify target date) _ _(MoN ) Project in Use Not Started 0 % 05/25 $ 0 $_0 _ _(MoNr) https://www.zoomgrants.com/printprop.asp?rfpidu=948F1 RMUF4779858B15D4C80F77AA&propidu=35489FB76EC347078DAB7C253F284756... 19/21 7/6/23, 4:19 PM Investment Grade Efficiency Audit if applicable) Contingencies Total Print/Preview Not % _(MoN ) $ $ 0 Applicable Not Started 0 % 05/25 $ 2,000,000 $ 0 _(MoN ) $ 26,107,779 $ 7,662,000 Project Funding - Attempts Type of Funding_(Grant, Loan, Local). 1. PWB Application 2. Grant 3. Grant 4. Grant 5. Total Project Funding - Secured Identify Source Amount Public Works Trust Board ",000,000 EPA $ 1,154,025 EPA $ 3,989,280 FEMA $ 12,955,560 $ $ 28,098,865 Type of Funding Identify Status (Budgeted, Date Contract No. if .(Grant, Loan, Amount Planned, Applied, Local) Source Awarded) Approved applicable), 1. PWB Application, Public ",000,000 Awarded 03/30/2023 PC2396103-132 Loan Works Board 2. $ 3. - $ - - - 4. - $ - - - 5. - $ - - Total $10,000, 00 Financial Health Item Description Totals Operating Income $6,405,186 Operating & Maintenance Expense $ 5,296,960 Total Assets $ 13,930,495 Total Debt 750,000 Current Assets (cash & cash equivalents) $ 33,117,128 Current Liabilities (debt, etc. to be paid within 1 year) $1,242,871 Documents top Documents Requested * Required?Attached Documents Primary stem - Domestic Water Projects ONLY https://www.zoomgrants.r-om/printprop.asp?rfpidu=948F1 F7B4E2F477985BB15D4C8OF77AA&propidu=35489FB76EC347078DAB7C253F284756... 20/21 7/6/23, 4:19 PM download template Print/Preview PrimarySvstem - Sanitary Sewer Proiects ONLY download template Primary System - Storm Water Protects ONLY download template Primary S stem - Road Street and Bridge Projects ONLY download template Primary S stem -Solid Waste/Recycling/Organics Proiects ONLY download template Major Partners) Letter(s) of Support (if applicable) Applicant Certification download template Preparers Certification download template Balance Sheet Statements for current year if available Income Statements for current year if available Optional: Income Survey_(See Guidelines) download template For Rate -Based Systems include *Estimated per connection rate increase for debt service coverage. If no rate increase anticipated, provide explanation for debt service coverage strategy,; *Adopted rate structure Threshold Checklist download template Greenhouse Gas Policy SEPA Checklist if applicable) EmergpuVApplications ONLY- Declaration Documentation Other Misc. Documents Solid Waste Recycling Organics Project Svstem (�j Applicant Certification Preparer's Certification J Threshold Checklist J Kittitas County Greenhouse Gas Policy SEPA Checklist Non-Emergencv Declaration Attachment 2 Kittitas SWMP Update Attachment 3 MRW Facility Operations Plan Attachment 5 SW YTD Budget * ZoomGrantsTm is not responsible for the content of uploaded documents. Application ID: 444833 Become a fan of ZoomGrants' on Facebook Problems? Contact us at OuestionskoomGrants.com 02002-2023 GrantAnalystcom. All rights reserved. "ZoomGrants" and the ZoomGrants logo are trademarks of GrantAnalystcom, LLC. Logout I Browser https://www.zoomgrants.com/printprop.asp?rfpidu=948F1 F7B4E2F4779858B15D4C80F77AA&propidu=35489FB76EC347078DAB7C253F284756... 21/21 7/6/23, 4:19 PM Print/Preview https://www.zoomgrants.com/printprop.asp?rfpidu=948F1 F7B4E2F4779858B15D4C80F77AA&propidu=35489FB76EC347078DAB7C253F284756&... 1/21 EASEMENT AND JOINT USE AGREEMENT This Easement and Joint Use Agreement is between Kittitas County (county), a subdivision of the state of Washington and Fowler Creek Trails, LLC, (Fowler Creek), a Washington Limited Liability Company (collectively the parties). The intent of this agreement is to create a reciprocal easement for access from highway 903 between the parties and to set forth terms of its use and maintenance. The property (property) that is the subject of this easement and agreement is legally described as follows: An easement across a portion of the Northeast Quarter of Section 28, Township 20 North, Range 15 East, W.M., in the County of Kittitas, State of Washington, 50.00 feet in width, 25.00 on each side of the following described centerline: Beginning at the westerly most corner of Lot 1 as delineated on that certain survey recorded July 5, 2019, in Book 42 of Surveys at pages 74-75, under Auditor's File No. 201907050022, records of Kittitas County, Washington, said point being the true point of beginning for said described line; thence N 28°20'40" E, along the northwesterly boundary of said Lot 1, 120.00 feet to the end of said described line and described easement. The sidelines of said easement to be lengthened or shortened to intersect the northeasterly right of way boundary of State Route 903. The parties grant to each other mutual reciprocal easements for the use of the property to access their respective adjacent parcels as they are currently configured and used. Should that use change in the future, this easement is subject to revocation or amendment at the choice of the party whose property does not undergo a changed use. The access shall be used by Kittitas County for access to its Cie Elum Transfer Station. The access shall be used by Fowler Creek Trails, LLC, or its successors, as commercial property as allowed by the Cie Elum City Zoning Code. The upkeep and maintenance of the property shall be shared jointly. The parties shall meet annually to schedule and assign responsibilities for the coming year for cleaning, sweeping, snow removal, and repaving, grading, etc. The financial arrangements for said upkeep and maintenance can take the form of one party performing a certain task or tasks and billing the other for its share of the costs. Reimbursement shall be made within 30 days of receipt of invoice. Failure to make reimbursement payment within 90 days of invoice receipt shall be grounds for termination of this agreement. Past due amounts shall bear interest at the rate of 12% per annum. Said upkeep and maintenance could also take the form of one party being responsible for a certain task (sweeping for example) and the other for snow removal, for example. Each party fully indemnifies the other against all claims, damages, injuries, costs, judgments, fines, and attorney fees caused by the actions of each parties' respective employees, officers, agents, guests, invitees, contractors, or consultants upon the property that is the subject of this easement and agreement. Each party agrees to fully defend the other against all possible damages or claims resulting from the acts or omissions of its own employees, officers, agents, etc. In the case liability is found to be joint, each party shall be responsible for the share of costs assigned to it as being liable for including its own legal costs, which includes attorney, expert witness, and consultant fees. Any notice given in conjunction with the exercise of this easement and agreement shall be sent to: Kittitas County Fowler Creek Trails, LLC, Fowler Creek 1890 Nelson Siding Road Cle, Elum, WA. 98922 Should a court of competent jurisdiction hold any provisions of this easement and agreement unenforceable or otherwise unlawful, the remaining provisions, to the extent possible, shall remain in full force and effect. This document can be signed in counterparts. Kittitas County Title and date Fowler Creek Trails, LLC Patrick G. Deneen, Manager STATE OF WASHINGTON ) ss: COUNTY OF KITTITAS ) On this _ day of , 20_ before me personally appeared to me , and , known to be the duly elected, qualified and acting County Commissioners of Kittitas County, Washington, who executed the within and foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of said County, for the uses and purposes therein mentioned, and he on oath stated that he was authorized to execute said instrument by resolution of the Board of County Commissioners of said county, and that the seal affixed is the official seal of said County. Given under my hand and official seal the day and year last above written. Notary Public in and for the State of Washington Residing at My Appointment Expires STATE OF WASHINGTON ) ) ss: COUNTY OF KITTITAS On this 6ttrh day of July, 2023 before me personally appeared to me Patrick G. Deneen known or identified to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in th;� ►oerifii Mle first above 'tten. lces J. At c L ceo�''''� 4a .� ••:? = otary Public in and for UState ashington z • ' w Residing at l :,�,o���• •��o° New �n� � ,,',� �n � � '��,,��e•°f Wash'' aS.°:�° My Appointment Expires V Y �� t 1 � Lei �—l/� I O z Ln � E--4 ~ W � WO CD U� N � d n 0 PROFESSIONAL LAND SURVEYORS KITTITAS COUNTY/FOWLER CREEK TRAILS LLC SHARED ACCESS EASEMENT DESCRIPTION 2/24/2023 An easement across a portion of the Northeast Quarter of Section 28, Township 20 North, Range 15 East, W.M., in the County of Kittitas, State of Washington, 50.00 feet in width; 25.00 on each side of the following described centerline: Beginning at the westerly most corner of Lot 1 as delineated on that certain survey recorded July 5, 2019, in Book 42 of Surveys at pages 74-75, under Auditor's File No. 201907050022, records of Kittitas County, Washington, said point being the true point of beginning for said described line; thence N 28'20'40" E, along the northwesterly boundary of said Lot 1, 120.00 feet to the end of said described line and described easement. The sidelines of said easement to be lengthened or shortened to intersect the northeasterly right of way boundary of State Route 903. As per attached Exhibit. 217 E. FOURTH e P.O_ BOX 959 o ELLENSBURG, WA 98926 e (509) 962-8242 KITTITAS COUNTY/FOWLER CREEK TRAILS LLC SHARED ACCESS EASEMENT DESCRIPTION 2/24/2023 An easement across a portion of the Northeast Quarter of Section 28, Township 20 North, Range 15 East, W.M., in the County of Kittitas, State of Washington, 50.00 feet in width, 25.00 on each side of the following described centerline: Beginning at the westerly most corner of Lot 1 as delineated on that certain survey recorded July 5, 2019, in Book 42 of Surveys at pages 74-75, under Auditor's File No. 201907050022, records of Kittitas County, Washington, said point being the true point of beginning for said described line; thence N 28°20'40" E, along the northwesterly boundary of said Lot 1, 120.00 feet to the end of said described line and described easement. The sidelines of said easement to be lengthened or shortened to intersect the northeasterly right of way boundary of State Route 903. As per attached Exhibit. DEPARTMENT OF ® State of Washincrton Agreement No. SWI�I1 cCIL(CP-2325-KiCoSW-00089 SOLID WASTE MANAGEMENT COMMUNITY LITTER CLEANUP PROGRAM AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND KITTITAS COUNTY SOLID WASTE This is a binding Agreement entered into by and between the state of Washington, Department of Ecology, hereinafter referred to as "ECOLOGY," and KITTITAS COUNTY SOLID WASTE, hereinafter referred to as the "RECIPIENT," to carry out with the provided funds activities described herein. GENERAL INFORMATION Project Title: Total Cost: Total Eligible Cost: Ecology Share: Recipient Share: The Effective Date of this Agreement is: The Expiration Date of this Agreement is no later than: Project Type: Project Short Description: Litter and Illegal Dump Cleanup and Prevention Project Litter and Illegal Dump Cleanup $90,000.00 $90,000.00 $90,000.00 $0.00 07/01 /2023 06/30/2025 CLCP Grant Project Long Description: To remove litter and illegally dumped material from public lands and/or provide litter and illegal dump prevention education to citizens and other organizations. The recipient shall furnish the necessary personnel, equipment, material and/or services, and/or otherwise do all things necessary for or incidental to the performance of the scope of work set forth herein. Overall Goal: The overall goal of the Community Litter Cleanup Program (CLCP) is to assist a county solid waste planning authority or its designated local government agency with the costs of cleaning up litter, illegal dumps, and providing public State of Washington Department of Ecology Agreement No: SWMCLCP-2325-KiCoSW-00089 Project Title: Litter and Illegal Dump Cleanup Recipient Name: KITTITAS COUNTY SOLID WASTE education and outreach to prevent litter and illegal dumping. Page 2 of 22 Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SWMCLCP-2325-KiCoSW-00089 Page 3 of 22 Project Title: Litter and Illegal Dump Cleanup Recipient Name: KITTITAS COUNTY SOLID WASTE RECIPIENT INFORMATION Organization Name: KITTITAS COUNTY SOLID WASTE Federal Tax ID: 91-6001349 UEI Number: WQ23XPBSAU44 Mailing Address: 925 Industrial Way Ellensburg, WA 98926 Physical Address: 925 Industrial Way Ellensburg, Washington 98926 Organization Email: patti.stacey@co.kittitas.wa.us Contacts Template Version 12/10/2020 State of Washington Department of Ecology Page 4 of 22 Agreement No: SWMCLCP-2325-KiCoSW-00089 Project Title: Litter and Illegal Dump Cleanup Recipient Name: KITfITAS COUNTY SOLID WASTE Project Manager Patti Stacey Director 925 Industrial Way Ellensburg, Washington 98926 Email: patti.stacey@co.kittitas.wa.us Phone: (509) 962-7542 Billing Contact Tucker White Clerk 925 Industrial Way Ellensburg, Washington 98926 Email: tucker.white@co.kittitas.wa.us Phone: (509) 962-7070 Patti J Stacey Authorized Director Signatory 925 Industrial Way Ellensburg, Washington 98926 Email: patti.stacey@co.kittitas.wa.us Phone: (509) 962-7542 Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SWMCLCP-2325-KiCoSW-00089 Project Title: Litter and Illegal Dump Cleanup Recipient Name: KITTITAS COUNTY SOLID WASTE ECOLOGY INFORMATION Mailing Address: Department of Ecology Solid Waste Management PO BOX 47600 Olympia, WA 98504-7600 Physical Address: Solid Waste Management 300 Desmond Drive SE Lacey, WA 98503 Contacts Rod Hankinson Project Manager 1250 W Alder St. Union Gap, Washington 98903-0009 Email: rhan461@ecy.wa.gov Phone: (509) 406-3999 Rod Hankinson Financial Manager 1250 W Alder St. Union Gap, Washington 98903-0009 Email: rhan461@ecy.wa.gov Phone: (509) 406-3999 Page 5 of 22 Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SWMCLCP-2325-KiCoSW-00089 Page 6 of 22 Project Title: Litter and Illegal Dump Cleanup Recipient Name: KITTITAS COUNTY SOLID WASTE AUTHORIZING SIGNATURES RECIPIENT agrees to furnish the necessary personnel, equipment, materials, services, and otherwise do all things necessary for or incidental to the performance of work as set forth in this Agreement. RECIPIENT acknowledges that they had the opportunity to review the entire Agreement, including all the terns and conditions of this Agreement, Scope of Work, attachments, and incorporated or referenced documents, as well as all applicable laws, statutes, rules, regulations, and guidelines mentioned in this Agreement. Furthermore, the RECIPIENT has read, understood, and accepts all requirements contained within this Agreement. This Agreement contains the entire understanding between the parties, and there are no other understandings or representations other than as set forth, or incorporated by reference, herein. No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing, signed by authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement. ECOLOGY and RECIPIENT may change their respective staff contacts without the concurrence of either party. This Agreement shall be subject to the written approval of Ecology's authorized representative and shall not be binding until so approved. The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective organizations to this Agreement. Washington State Department of Ecology By: Peter Lyon Solid Waste Management Acting Program Manager Template Approved to Form by Attorney General's Office Date KITTITAS COUNTY SOLID WASTE By: Patti J Stacey Date Director Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SWMCLCP-2325-KiCoSW-00089 Project Title: Litter and Illegal Dump Cleanup Recipient Name: KITTITAS COUNTY SOLID WASTE Page 7 of 22 Cory Wright i Dial oard of County Commissioners Date Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SWMCLCP-2325-KiCoSW-00089 Project Title: Litter and Illegal Dump Cleanup Recipient Name: KITTITAS COUNTY SOLID WASTE SCOPE OF WORK Task Number Task Title: Litter Pickup and Illegal Dump Cleanup Task Description: Task Cost: $90,000.00 Page 8 of 22 RECIPIENT may coordinate paid litter crews, correctional crews, supervisors, and maintenance staff to clean county and city roads, state roads/interchanges, and public areas. The litter crew will pick up and transport the collected litter and illegally dumped items to a permitted solid waste facility. RECIPIENT will coordinate scheduled cleanup in partnership with the Washington State Department of Transportation (WSDOT) and Ecology Youth Corps (EYC) to avoid duplication of effort. RECIPIENT will clean county/city roads and illegal dumpsites throughout the county. RECIPIENT may promote, coordinate, and enlist the help of other volunteer, community and/or school groups. RECIPIENT may conduct outreach to recruit new partners and participants. RECIPIENT will provide training and safety materials to participants. Volunteers will collect litter and illegally dumped material and the RECIPIENT will dispose of it. RECIPIENT or delegate is responsible for crew safety training and oversight of crewmembers. RECIPIENT will follow all applicable local or state road setup procedures while working on city, county, or state roads. RECIPIENT will provide appropriate Personal Protective Equipment (PPE) for all workers. PPE can include safety vests, gloves, eye protection, and other supplies or tools necessary to complete the work safely. RECIPIENT may have WSDOT pick up collected litter when working on state roadways or take collected material to a permitted solid waste facility. Community Investment: Instead of requiring a match, ECOLOGY encourages RECIPIENT to mobilize local resources. These may include correctional workgroups, volunteer organizations, administrators, and/or equipment. This approach produces the greatest environmental impact with the limited funding available. To maximize project success, communities should invest local resources such as donated staff time, volunteer labor, donated tools and supplies, and waived disposal costs. Costs Eligible for Reimbursement • Salaries and benefits for crew supervisors and non -correctional crewmembers • Administrative overhead, as defined by CLCP • Tools and supplies related to litter pickup/illegal dump cleanup • Fuel and maintenance proportionate to vehicle use for litter pickup and illegal dump cleanup • Safety training related to litter, dump and or roadwork • Disposal costs for litter pickup and illegal dump cleanup on public property • Costs not listed here but approved in writing by ECOLOGY Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SWMCLCP-2325-KiCoSW-00089 Project Title: Litter and Illegal Dump Cleanup Recipient Name: KITTITAS COUNTY SOLID WASTE Page 9 of 22 Costs not eligible for Reimbursement • Overtime differential unless the individual spends 100 percent of their time on CLCP activities and ECOLOGY provided prior written approval • Administrative overhead costs more than 10 percent of the agreement total eligible cost minus a budget for Tools and Trucks • Indirect costs • Costs associated with litter pickup or illegal dump cleanup on private land without public access • Mileage • County owned general equipment rental or revolving fund (ER&R) charges • Costs not supported with required documentation Task Goal Statement: The goal of this task is to pick up and prevent litter and illegal dumps on roadways and other public lands throughout the county. Task Expected Outcome: With the task budget, RECIPIENT expects: • 3,600 Hours Worked • 1100 Miles Cleaned • 10 Illegal Dumps Cleaned • 75,000 Pounds of Litter Collected • 1,000 Pounds of Illegal Dump Material Collected • 1,000 Pounds of Material Recycled Recipient Task Coordinator: Patti Stacey Litter Pickup and Illegal Dump Cleanup Deliverables Number Description Due Date 1.1 Task expected outcomes are the deliverables and achieved incrementally throughout the biennium. Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SWMCLCP-2325-KiCoSW-00089 Project Title: Litter and Illegal Dump Cleanup Recipient Name: KITTITAS COUNTY SOLID WASTE BUDGET Funding Distribution EG230331 NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment remittances and may be referenced on other communications. i-onz ECOLOGY. Your agreement may have multiple funding distribution numbers to identify each budget. Funding Title: Litter & Illegal Dump Cleanup Funding Type: Grant Funding Effective Date: 07/01/2023 Funding Expiration Date: 06/30/2025 Funding Source: Title: Waste Reduction Recycling and Litter Control Account (WRRLCA) 2325 Fund: FD Type: State Funding Source %: 100% Description: 044 WRRLCA Approved Indirect Costs Rate: Approved State Indirect Rate: 0% Recipient Match %: 0% InKind Interlocal Allowed: No InKind Other Allowed: No Is this Funding Distribution used to match a federal grant? No Litter & Illegal Dump Cleanup Task Total Litter Pickup and Illegal Dump Cleanup $ 90,000.00 Total: $ 90,000.00 Template Version 12/10/2020 Page 10 of 22 State of Washington Department of Ecology Agreement No: SWMCLCP-2325-KiCoSW-00089 Project Title: Litter and Illegal Dump Cleanup Recipient Name: KITTITAS COUNTY SOLID WASTE Funding Distribution Summary Recipient / Ecology Share Page 11 of 22 Funding Distribution Name Recipient Match °/o TRecipient Share TEcology Share Total Litter & Illegal Dump Cleanup 0.00 `%, 0.00 S 90,000.00 $ 90,000.00 Total $ 0.00 S 90,000.00 S 90,000.00 AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS Grant administrative costs are limited to 10 percent of grant approved expenditures, excluding Tools and Trucks. Administrative costs for Tools and Trucks are not allowed under this grant program. RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement, all financial (including payment requests), performance, and other reports required by this Agreement. ECOLOGY shall have the right to deny reimbursement of payment requests received after this date. ECOLOGY's Solid Waste Management program implements a reporting assessment policy for RECIPIENTS of grants administered through the Solid Waste Management program. The assessment detennines the RECIPIENT's reporting level required throughout the Agreement term. If the RECIPIENT's performance or project circumstances change, ECOLOGY may reassess and notify the RECIPIENT of any changes to reporting requirements. GENERAL FEDERAL CONDITIONS If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is used to match a federal grant award, the following terms and conditions apply to you. A. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION: The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements contained in the certification, they must provide an explanation as to why they cannot. 2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact ECOLOGY for assistance in obtaining a copy of those regulations. Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SWMCLCP-2325-KiCoSW-00089 Project Title: Litter and Illegal Dump Cleanup Recipient Name: KITTITAS COUNTY SOLID WASTE Page 12 of 22 4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. 5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement, that it will include this clause titled "CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION" without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6. Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered transaction complies with certification of suspension and debannent requirements. 7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the infonnation required in the Code of Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including suspension and debannent. 8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file, that it, and all lower tier recipients or contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in <http://www.sam.gov> and print a copy of completed searches to document proof of compliance. B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING REQUIREMENTS: CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the signed agreement to ECOLOGY. Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five top executives using the FFATA Data Collection Fonn. Receives more than $30,000 in federal funds under this award. Receives more than 80 percent of its annual gross revenues from federal funds. Receives more than $25,000,000 in annual federal funds. Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form. Ecology is required to report the FFATA information for federally funded agreements, including the required Unique Entity Identifier in www.sam.Qov <http://www.sam.gov/> within 30 days of agreement signature. The FFATA information will be available to the public at www.usaspendina.aov <Iittp://www.usaspeiidin7.gov/>. For more details on FFATA requirements, see wxvw.fsrs.Qov <http:/hvww.fsrs. ov/>. C. FEDERAL FUNDING PROHIBITION ON CERTAIN TELECOMMUNICATIONS OR VIDEO SURVEILLANCE SERVICES OR EOUIPMENT: As required by 2 CFR 200.216, federal grant or loan recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: 1. Procure or obtain; 2. Extend or renew a contract to procure or obtain; or 3. Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SWMCLCP-2325-KiCoSW-00089 Project Title: Litter and Illegal Dump Cleanup Recipient Name: KITTITAS COUNTY SOLID WASTE Page 13 of 22 covered telecommunications equipment, video surveillance services or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232 <https://www.goviiifo.gov/coiitent/pkg/PLAW-I 15pub1232/pdf/PLAW-115publ232pdf>, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). Recipients, subrecipients, and borrowers also may not use federal funds to purchase certain prohibited equipment, systems, or services, including equipment, systems, or services produced or provided by entities identified in section 889, are recorded in the System for Award Management (SAM) <https:Hsam.gov/SAM/> exclusion list. Template Version 12/10/2020 State of Washington Department of Ecology Page 14 of 22 Agreement No: SWMCLCP-2325-KiCoSW-00089 Project Title: Litter and Illegal Dump Cleanup Recipient Name: KITTITAS COUNTY SOLID WASTE GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology GENERAL TERMS AND CONDITIONS For DEPARTMENT OF ECOLOGY GRANTS and LOANS 07/01/2023 Version ADMINISTRATIVE REQUIREMENTS a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans — EAGL Edition." (https:Hfortress.wa.gov/ecy/publications/SummaryPages/2301002.htinl) b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all funds and resources made available under this Agreement. c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement, including ensuring all subgrantees and contractors comply with the terms and conditions of this Agreement. ECOLOGY reserves the right to request proof of compliance by subgrantees and contractors. d) RECIPIENT's activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and character of all work and services. AMENDMENTS AND MODIFICATIONS This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative information without the concurrence of either party. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY The RECIPIENT must comply with the Washington State Office of the Chief Information Officer, OCIO Policy no. 188, Accessibility (https:Hocio.wa.gov/policy/accessibility) as it relates to "covered technology." This requirement applies to all products supplied under the Agreement, providing equal access to information technology by individuals with disabilities, including and not limited to web sites/pages, web -based applications, software systems, video and audio content, and electronic documents intended for publishing on Ecology's public web site. 4. ARCHAEOLOGICAL AND CULTURAL RESOURCES RECIPIENT shall take all reasonable action to avoid, minimize, or mitigate adverse effects to archaeological and historic archaeological sites, historic buildings/structures, traditional cultural places, sacred sites, or other cultural resources, hereby referred to as Cultural Resources. The RECIPIENT must agree to hold harmless ECOLOGY in relation to any claim related to Cultural Resources discovered, disturbed, or damaged due to the RECIPIENT's project funded under this Agreement. RECIPIENT shall: a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project: • Cultural Resource Consultation and Review should be initiated early in the project planning process and must be completed prior to expenditure of Agreement funds as required by applicable State and Federal requirements. * For state funded construction, demolition, or land acquisitions, comply with Governor Executive Order 21-02, Archaeological and Cultural Resources. Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SWMCLCP-2325-KiCoSW-00089 Project Title: Litter and Illegal Dump Cleanup Recipient Name: KITTITAS COUNTY SOLID WASTE Page 15 of 22 • For projects with any federal involvement, comply with the National Historic Preservation Act of 1966 (Section 106). b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing any project that involves field activities. ECOLOGY will provide the IDP form. RECIPIENT shall: • Keep the IDP at the project site. • Make the IDP readily available to anyone working at the project site. • Discuss the IDP with staff, volunteers, and contractors working at the project site. • Implement the IDP when Cultural Resources or human remains are found at the project site. c) If any Cultural Resources are found while conducting work under this Agreement, follow the protocol outlined in the project IDP. • Immediately stop work and notify the ECOLOGY Program, who will notify the Department of Archaeology and Historic Preservation at (360) 586-3065, any affected Tribe, and the local government. d) If any human remains are found while conducting work under this Agreement, follow the protocol outlined in the project IDP. • Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office, the Department of Archaeology and Historic Preservation at (360) 790-1633, and then the ECOLOGY Program. e) Comply with RCW 27.53, RCW 27.44, and RCW 68.50.645, and all other applicable local, state, and federal laws protecting Cultural Resources and human remains. ASSIGNMENT No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT. 6. COMMUNICATION RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees, ECOLOGY, all affected local, state, or federal jurisdictions, and any interested individuals or groups. 7. COMPENSATION a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT. ECOLOGY must sign the Agreement before any payment requests can be submitted. b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement. c) RECIPIENT is responsible to detennine if costs are eligible. Any questions regarding eligibility should be clarified with ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure. d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY. e) ECOLOGY will not process payment requests without the proper reimbursement forms, Progress Report and supporting documentation. ECOLOGY will provide instructions for submitting payment requests. f) ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment. g) RECIPIENT will receive payment through Washington State's Office of Financial Management's Statewide Payee Desk. To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W -9 form at website, https:Hofim.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor registration process, you can contact Statewide Payee Help Desk at (360) 407-8180 or email PayeeRegistration@ofm.wa.gov. h) ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to satisfactorily comply with any term or condition of this Agreement. i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein, or a portion thereof, has been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement, as appropriate, or upon completion of an audit as specified herein. Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SWMCLCP-2325-KiCoSW-00089 Project Title: Litter and Illegal Dump Cleanup Recipient Name: KITTITAS COUNTY SOLID WASTE Page 16 of 22 j) RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement, all financial, performance, and other reports required by this Agreement. Failure to comply may result in delayed reimbursement. COMPLIANCE WITH ALL LAWS RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits related to this Agreement, including but not limited to: a) RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety. b) RECIPIENT agrees to be bound by all applicable federal and state laws, regulations, and policies against discrimination. c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the permit and approval processes. ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to comply with above requirements. If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law. CONFLICT OF INTEREST RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or responsibility in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect, nor affect the interest of any corporation, partnership, or association in which he/she is a part, in this Agreement or the proceeds thereof. 10. CONTRACTING FOR GOODS AND SERVICES RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall award all contracts for construction, purchase of goods, equipment, services, and professional architectural and engineering services through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure legal, fair, and open competition. RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT may be required to provide written certification that they have followed their standard procurement procedures and applicable state law in awarding contracts under this Agreement. ECOLOGY reserves the right to inspect and request copies of all procurement documentation, and review procurement practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY's sole discretion. 11. DISPUTES When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the detennination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal decisions as provided for below: a) RECIPIENT notifies the funding program of an appeal request. b) Appeal request must be in writing and state the disputed issue(s). c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal. d) ECOLOGY reviews the RECIPIENT's appeal. e) ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the review. Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SWMCLCP-2325-KiCoSW-00089 Project Title: Litter and Illegal Dump Cleanup Recipient Name: KITTITAS COUNTY SOLID WASTE Page 17 of 22 The decision of ECOLOGY from an appeal will be final and conclusive, unless within thirty (30) days from the date of such decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly authorized representative will be final and conclusive. The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal. Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director's decision will not be taken to Environmental and Land Use Hearings Office. Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in accordance with the decision rendered. Nothing in this Agreement will be construed to limit the parties' choice of another mutually acceptable method, in addition to the dispute resolution procedure outlined above. 12. ENVIRONMENTAL DATA STANDARDS a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses environmental measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall: • Use ECOLOGY's QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance (QA) officer or the Program QA coordinator instructs otherwise. • Follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies, July 2004 (Ecology Publication No. 04-03-030). • Submit the QAPP to ECOLOGY for review and approval before the start of the work. b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm with ECOLOGY that complete and correct data was successfully loaded into EIM, find instructions at: http://www.ecy.wa.gov/eim. c) RECIPIENT shall follow ECOLOGY's data standards when Geographic Information System (GIS) data is collected and processed. Guidelines for Creating and Accessing GIS Data are available at: https://ecology.wa.gov/Research-Data/Data-resources/Geographic-Infonnation-Systems-GIS/Standards. RECIPIENT, when requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data collection files, map products, and all metadata and project documentation. 13. GOVERNING LAW This Agreement will be governed by the laws of the State of Washington. and the venue of any action brought hereunder will be in the Superior Court of Thurston County. 14. INDEMNIFICATION ECOLOGY will in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. To the extent that the Constitution and laws of the State of Washington permit, each party will indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this Agreement. 15. INDEPENDENT STATUS The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of the other party. Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SWMCLCP-2325-KiCoSW-00089 Project Title: Litter and Illegal Dump Cleanup Recipient Name: KITTITAS COUNTY SOLID WASTE 16. KICKBACKS Page 18 of 22 RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in return for award of a subcontract hereunder. 17. MINORITY AND WOMEN'S BUSINESS ENTERPRISES (MWBE) RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority -owned (MBE) and women -owned (WBE) businesses in purchases and contracts initiated under this Agreement. Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to take the following actions, when possible, in any procurement under this Agreement: a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or services. b) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. c) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises (OMWBE) (866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Cormnerce, as appropriate. 18. ORDER OF PRECEDENCE In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The Agreement; (c) Scope of Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; (f) Ecology Funding Program Guidelines; and (g) General Terms and Conditions. 19. PRESENTATION AND PROMOTIONAL MATERIALS ECOLOGY reserves the right to approve RECIPIENT's communication documents and materials related to the fulfillment of this Agreement: a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior to production and distribution. b) RECIPIENT shall include time for ECOLOGY's review and approval process in their project timeline. c) If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible products developed. Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets, videos, audio tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator magnet, and any online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to provide a copy, then the RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best represents the item. Any communications intended for public distribution that uses ECOLOGY's logo shall comply with ECOLOGY's graphic requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY's logo contact ECOLOGY for guidelines. RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY. 20. PROGRESS REPORTING Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SWMCLCP-2325-KiCoSW-00089 Project Title: Litter and Illegal Dump Cleanup Recipient Name: KITTITAS COUNTY SOLID WASTE Page 19 of 22 a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document timely use of funds. b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed without a progress report. ECOLOGY will define the elements and frequency of progress reports. c) RECIPIENT shall use ECOLOGY's provided progress report format. d) Quarterly progress reports will cover the periods from January I through March 31, April 1 through June 30, July I through September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after the end of the quarter being reported. e) RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extension has been approved by ECOLOGY, all financial, perfonnance, and other reports required by the Agreement and funding prograin guidelines. RECIPIENT shall use the ECOLOGY provided closeout report format. 21. PROPERTY RIGHTS a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free, nonexclusive, and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to authorize others to use the same for federal, state, or local government purposes. b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information; present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports, maps, or other data in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY. c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic materials produced in fulfillment of this Agreement, in any manner ECOLOGY deems appropriate. ECOLOGY shall acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials. d) Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology Grants and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by ECOLOGY in the absence of state and federal statutes, regulations, or policies to the contrary, or upon specific instructions with respect thereto in this Agreement. e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY. If said property is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the acquisition of land or facilities: 1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this Agreement. 2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses intended by this Agreement. g) Conversions. Regardless of the Agreement expiration date, the RECIPIENT shall not at any time convert any equipment, property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of that portion of the proceeds of the sale, lease, or other conversion or encumbrance which monies granted pursuant to this Agreement bear to the total acquisition, purchase, or construction costs of such property. Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SWMCLCP-2325-KiCoSW-00089 Project Title: Litter and Illegal Dump Cleanup Recipient Name: KITTITAS COUNTY SOLID WASTE 22. RECORDS, AUDITS, AND INSPECTIONS Page 20 of 22 RECIPIENT shall maintain complete program and financial records relating to this Agreement, including any engineering documentation and field inspection reports of all construction work accomplished. All records shall: a) Be kept in a manner which provides an audit trail for all expenditures. b) Be kept in a common file to facilitate audits and inspections. c) Clearly indicate total receipts and expenditures related to this Agreement. d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington, for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute resolution' hereunder. RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the records. ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination. All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for at least three (3) years following grant or loan termination or dispute resolution hereunder. RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times, in order to monitor and evaluate performance, compliance, and any other conditions under this Agreement. 23. RECOVERY OF FUNDS The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance of this Agreement and completion of the work described in the Scope of Work. All payments to the RECIPIENT are subject to approval and audit by ECOLOGY, and any unauthorized expenditure(s) or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT. RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement. RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the time ECOLOGY demands repayment of funds. Any property acquired under this Agreement, at the option of ECOLOGY, may become ECOLOGY's property and the RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property. 24. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, and to this end the provisions of this Agreement are declared to be severable. 25. STATE ENVIRONMENTAL POLICY ACT (SEPA) RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State Environmental Policy Act (Chapter 43.21 C RCW and Chapter 197-11 WAC) have been or will be met. Any reimbursements are subject to this provision. 26. SUSPENSION When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT. RECIPIENT shall resume performance on the next business day following the suspension period unless another day is specified by ECOLOGY. Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SWMCLCP-2325-KiCoSW-00089 Project Title: Litter and Illegal Dump Cleanup Recipient Name: KITTITAS COUNTY SOLID WASTE Page 21 of 22 27. SUSTAINABLE PRACTICES In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is fully encouraged to implement sustainable practices and to purchase environmentally preferable products under this Agreement. a) Sustainable practices may include such activities as: use of clean energy, use of double -sided printing, hosting low impact meetings, and setting up recycling and composting programs. b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced packaging, office products that are refillable, rechargeable, and recyclable, 100% post -consumer recycled paper, and toxic free products. For more suggestions visit ECOLOGY's web page, Green Purchasing, https:Hecology.wa. gov/Regulations-Permits/Guidance-technical-ass istance/Sustainable-purchasing. 28. TERMINATION a) For Cause ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of any term or condition. If this Agreement is so terminated, the parties shall be liable only for perfonnance rendered or costs incurred in accordance with the terns of this Agreement prior to the effective date of termination. Failure to Commence Work. ECOLOGY reserves the right to tenninate this Agreement if RECIPIENT fails to colmnence work on the project funded within four (4) months after the effective date of this Agreement, or by any date mutually agreed upon in writing for commencement of work, or the time period defined within the Scope of Work. Non -Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement, and exercise any other rights under this Agreement. Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such tune as the exact amount of damages due ECOLOGY from the RECIPIENT is determined. b) For Convenience ECOLOGY may terminate for convenience this Agreement, in whole or in part, for any reason when it is the best interest of ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted below. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Non -Allocation of Funds. ECOLOGY's ability to make payments is contingent on availability of funding. In the event funding from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to the completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the Agreement, in whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide notice. In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT. In no Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SWMCLCP-2325-KiCoSW-00089 Project Title: Litter and Illegal Dump Cleanup Recipient Name: KITTITAS COUNTY SOLID WASTE Page 22 of 22 event shall ECOLOGY's reimbursement exceed ECOLOGY's total responsibility under the Agreement and any amendments. If payments have been discontinued by ECOLOGY due to unavailable funds, the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. RECIPIENT's obligation to continue or complete the work described in this Agreement shall be contingent upon availability of funds by the RECIPIENT's governing body. c) By Mutual Agreement ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement. d) In Event of Termination All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in accordance with Recovery of Funds, identified herein. 29. THIRD PARTY BENEFICIARY RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement, the state of Washington is named as an express third party beneficiary of such subcontracts with full rights as such. 30. WAIVER Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach, and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized representative of ECOLOGY. End of General Terms and Conditions Template Version 12/10/2020 w Cn a� a :a y C O .e.. O. G� to d C17 y- CA O C� i CA C11 C O O y+ O Cc C� cu CD � O C O CO cn O) d i i O CQ CIJ y O i CD O •a i O C11 Cc � a t= Ca �ca O CU = O Q- O Co �- Cn O' io co C G1 W O W L23 CD z x CDC� ire cu W E C/J c CD z �'�"� Ch Z C O O C~i, m 'Q C7; ~ cm W U CU 'C 0 0 N ¢ C .� Z Z w S J ,� W~ Z= Z d O S O U O �` V O F- C C!) CD Q y O OC d Cj O C1 d C•7 � ._t C ty 0 Z Z G O =2 y Q m C 7 G W J O QJ m Q d 11 W = CO L'7 Cy0 coto O ¢ 4.1.. Cn Ca i O Cn O Q Y y V Q T � F- cm Cn I = CJ N I r \ \ { ~ � \ q § / / U - CZ 4-1 ct � k k c�- 2no7 %U/� � 71 � \ � \ \ q � k \ � � \ A § § ® \ d 9 & 8 u _ � / o G & 8 G .\ 7� / % 0 -0 \ z 2 k 0 0 =q wog � o cz 2 / J \ k ( , / u q z \ - 2 y = % ` � J t 0 .. k cd � 2 : -0 C J) \74. . \ \ & INVITATION TO BID Ryegrass Biosolids Management Facility Septage Land Application IKITTITAS COUNTY SOLID WASTE PROGRAMS Ellensburg, Washington Bidders are invited to submit sealed bids for the land application of septage from the 500,000 gallon septage ponds located at 25900 Vantage Highway, Ellensburg, WA. The work isto be done based on the procedures defined in WAC 173-308 and Biosolids Management Guidelines (DOE, July 2000), the application rate has been established by the Department of Ecology letter dated June 19, 2023. The Contractor is to perform the following: A. Supply all labor, equipment and supplies needed to pump 554,685 septage from the Ryegrass lagoons and apply to permitted fields on site at the Kittitas County Ryegrass Facility. B. Supply all labor, equipment and supplies needed to slurry, lime stabilize, pump lagoons and apply to the permitted fields on site at the Kittitas County Ryegrass Facility to reach the maximum permitted gallons as approved in the DOE letter dated June 19, 2023. The Work is anticipated to begin on August 14, 2023 and shall be substantially complete within 30 calendar days of the actual effective date of the Notice to Proceed and completed and ready for final payment within 30 calendar days following achievement of Substantial Completion. Kittitas County will receive sealed bids until 4:00 P.M. on Tuesday, August 1, 2023 at the Solid Waste Programs Office located at 925 Industrial Way, Ellensburg, Washington 98926. Bids will then and there be opened and, unless obviously non -responsive, read aloud publicly. Bids received after the time of announced opening will not be accepted Kittitas County reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, non -responsive, unbalanced or conditional Bids; and to reject the Bid of any BIDDER if Kittitas County believes that it would not be in the best interest of the Project to make an award to that bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established. Kittitas County also reserves the right to waive all informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder. Request for proposal packets may be obtained by contacting the Solid Waste Office located at 925 Industrial Way, Ellensburg, Washington 98926, (509)962-7542. Publish: Ellensburg Daily Record July 20, and 27 2023 Approval Clerk of the Board STATE OF WASHINGTON DEPARTMENT OF ECOLOGY 1250 IV. Alder Street • Union Gap, IVA 98903-0009 • (509) 575-2490 June 19, 2023 Patti Stacey Kittitas County Solid Waste 925 Industrial Way Ellensburg WA 98926-2886 Re: 2023 Agronomic rate approval Dear Ms. Stacey: Please accept this letter as an approval of agronomic rates for your sites where you plan to grow winter wheat (with native vegetation) in the fall of 2023. Based on soil sample test results submitted,on June 15, 2023, and the nitrogen need of winter wheat (81 1 bs N/acre/year) with an estimated targeted grain yield of 30 bushels /acre (Note: the estimated grain yield was adjusted to 30 bushels from 35 bushels, a usually estimated targeted yield, due to the fact that no vigorous winter wheat growing occurred in the spring of 2022), I have evaluated and approved the following agronomic rates and total gallons for each site shown in the following Table: Application rate and total gallons of septage for each site Sites Acres Application rate Total gallons (gallons/acre/year) 2.2 do Application A-B 2.2 10,596 23,312 B-A 2.2 10,212 22,466 2.2 ;'4i) cij)I)HCaii011 C-A 7.0 26,192 183,344 C-B 7.0 22,135 154,945 7.0 D-A 6.2 27,519 170,618 6.2 Please note: Sites A -A, B-B, C-C, and D-D contain more available soil nitrogen than the nitrogen need of the targeted crop, so septage shall not be allowed to be applied to the sites this year. Please track and tally gallons you land apply each time to ensure that septage land application shall not exceed the total gallons for each site shown on the Table above. In addition, septage must meet the pathogen reduction and vector attraction reduction via adding lime to raise pH of septage (WAC-172-308-270) before land application, and land application must be evenly distributed to the sites, without resulting in runoff, or migration from the sites. If you have any questions please contact me at canminQ.xiao�ecy.wa.Qov, or (509) 571-3542 Sincerely, Canming Xiao Regional Environmental Research and Organics and Biosolids Coordinator CC: Jesse Cox, Kittitas County Public Health Department Attachments: Soil Test Results and Site Map