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
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_ 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
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❑ 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
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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.
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❑ 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
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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
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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
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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."
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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
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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
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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)
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Investment Grade Efficiency
Audit if applicable)
Contingencies
Total
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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
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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
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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/�
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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.
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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
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Agreement No: SWMCLCP-2325-KiCoSW-00089
Project Title: Litter and Illegal Dump Cleanup
Recipient Name: KITTITAS COUNTY SOLID WASTE
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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
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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