HomeMy WebLinkAbout08/02/00 AGENDA CITY COUNCIL MEETING AGENDA
AUGUST 2, 2000
1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M.
A. General Council Business
2. CALL TO ORDER: 5:30 P.M.
A. Pledge of Allegiance
B. Invocation
3. CONSENT AGENDA
A. Minutes of Meeting - July 26, 2000 (#AB00-176)
4. CLAIMS/CHECK REGISTERS
5. COUNCIL MEMBER REPORTS
6. MAYOR'S REPORT
7. LEGISLATIVE REPORT
8. PUBLIC RECOGNITION - (Comments limited to 3-minutes)
9. RESOLUTIONS
A. Resolution No. 2764, Approving Facility Plan for Reduction of Combined Sewer Overflow ~-~
(CSO) in the Pine Road Basin; and
· Resolution No. 2765, Approving Facility Plan for Reduction of Combined Sewer Overflow
(CSO) in the Anderson Cove Basin (#AB00-177)
B. Resolution No. 2766; Approving State Revolving Fund (SRF) Loan for the Bremerton
Combined Sewer Overflow (CSO) Reduction Plan Update;
· Resolution No. 2767; Approving the Centennial Clean Water Fund (CCWF) Grant for the
Bremerton Combined Sewer Overflow (CSO) Reduction Plan Update; and
· Resolution No. 2768, Approving State Revolving Fund (SRF) Loan for the Callow
Combined Sewer Overflow (CSO) Design - Final Priorities (#AB00-178)
10. ADJOURNMENT OF MEETING
CITY COUNCIL WILL ADJOURN TO THE COUNCIL CONFERENCE ROOM IMMEDIA TEL Y
FOLLOWING THE REGUI_AR MEETING TONIGHT FOR A STUDY SESSION TO DISCUSS THE "3-
PARTY AGREEMENT WITH KITSAP COUNTY, THE CITY OF BREMERTON, & PORT BLAKEL Y
PROPERTIES; AND THE SUB-AREA PLAN FOR THE KITSAP LAKE INDUSTRIAL PARK
DEVELOPMENT".
CITY COUNCIL
239 4th Street · Bremerton. Washington 98337 · (360) -*78-5280 · FAX (360) 478-5251 · citycouncil@ci.bremerton.wa.us
REISSUE DATE OF NOTICE: JULY 21, 2000
You are hereby notified that the BREMERTON CITY COUNCIL will hold a 1-hour
STUDY SESSION on WEDNESDAY. AUGUST 2. 2000, immediately following the regular
Council Meeting, in the Council Conference Room, to discuss the 3-PARTY
AGREEMENT WITH KITSAP COUNTY, THE CITY OF BREMERTON, & PORT
BLAKELY PROPERTIES; and the SUB-AREA PLAN FOR KITSAP LAKE
INDUSTRIAL PARK DEVELOPMENT BY PORT BLAKELY PROPERTIES.
(This is an open meeting).
Signed this 21st day of June 2000
KATHLEEN L. McCLUSKEY, CITY CLERK
Equal Opportunity Employer
AGENDA BILL
BREMERTON CITY COUNCIL
1. _S_~: FORAGENDA Of: AUGUST 2, 2000
ORIGINATING DEPT: CITY COUNCIL
MINUTES OF MEETING- JULY 26, 2000 ORIGINATOR: CAROL ARENDS, PRESIDENT
DATE SUBMITTED: JULY 28, 2000
2. ~J.,~J.C~: (comment on back if necessary) 3. EXHIBITS:
ENDORSEMENT INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL:
M^YO.:
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
8. RECOMMENDATION:
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION:
PULLED TABLED__ APPROVED DISAPPROVED AMErinD _]~_
COUNCIL DIRECTIVE: DATE:
11. AGENDA BILL NO: ~/('} - 1'Th
2. CLEARANCE COMMENTS:
4. SUMMARY STATEMENT (continued):
5. IMPACT ON NON-PASSAGE:
6. IMPACT ON STAFFING, BUDGETS FACILITIES, EQUIPMENT OR OTHER RESOURCES:
7. RESEARCH SOURCES:
TAPE #1715 UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
July 26, 2000
The weekly meeting of the City Council of the City of Bremerton was called to order in the City
Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, July 26, 2000, at 5:30 P.M.,
with Council President Carol Arends presiding. Council members present were Jim Reed, David Farr,
Mike Shepherd, Ed Rollman, John Law, Cecil McConnell, and Wayne Olsen. Council Member Conrad
Esser was absent. Also present were City Attorney Glenna Malanca, Deputy City Clerk Paula
Johnston, and Legislative Assistant Lod Smith.
The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed
by the invocation given by Reverend Ron Anderson of Manette Community Church.
President Arends made the following announcements:
(1) Council held an Executive Session pdor to the regular Council Meeting to discuss a "Review of
Personnel Performance" per RCW Chapter 42.30.110(1 )(g), in the Council Conference Room;
(2) Council will adjourn to the Council Conference Room for a Study Session immediately following
the regular Council Meeting to discuss the "Sub-Area Plan; as well as the 3-Party Agreement (with
Kitsap County, the City of Bremerton, & Port Blakely Properties) for Kitsap Lake Industrial Park
Development"; and
(3) The City of Bremerton will conduct a Public Meeting as part of the City Council's regular meeting
next week, August 2, to discuss the Combined Sewer Overflow (CSO) Reduction Improvements in
the Anderson Cove and Pine Road Sewer Basins. Any additional information on this subject may be
obtained by contacting Senior Engineer Tom Knuckey at 478-5270.
CONSENT AGENDA
A. Minutes of Meeting - July 19, 2000 (#AB00-170)
#0025 M/S/C (McConnell/Olsen) Move to approve Consent Agenda as presented.
Voted in favor of this motion: Olsen, McConnell, Rollman, Shepherd, Farr, and Arends
Abstained from this motion: Law
Jim Reed was absent from this vote.
Motion carried: 6-Yes; 1-Abstention
CLAIMS/CHECK REGISTERS
Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those
expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a
listing that had been made available to the Council.
#0050 M/S/C/U (Law/McConnell) On July 26, 2000, the Council does approve for payment those
vouchers included and further described as follows: 243611 through 243616 in the amount of
$68,837.35; and Regular Payroll for the period ending July 21, 2000 in the amount of $789,912.86.
Jim Reed was absent from this vote.
COUNCIL MEMBER REPORTS
David Farr acknowledged the concern of residents living on Snyder Avenue now that the City's re-
paving project for that street is near completion. Due to the long stretch of straight roadway, vehicles
have now increased their speed on this residential street. For relief, many residents are now
requesting increased patrolling by the Police Department, a four-way stop at 19th Street; and possibly
speed humps.
TAPE #1715
City Council Reg. Mtg. Minutes
July 26, 2000
Page 2 of 5
Mike She_Dherd thanked residents who attended the 2'd Annual Distdct 5 Neighborhood Picnic held
last Thursday at Evergreen Rotary Park, and announced the next meeting would be held in
September. He complimented the work being done here this summer by the Youth Volunteer Corp.
~ encouraged volunteers to work one of the three-hour shifts scheduled at 9:00 A.M.,
12:00 noon, and 3:00 P.M. the weekend of July 29 & 30 to paint the Regional Downtown Library after
a $100,000 grant was received to assist in the project. He reported the City of Bremerton would be
replacing a sanitary sewer storm pipeline in the vicinity of 6th Street & Highland Avenue, from August
7th through the 25th, between the hours of 8:00 A.M. and 4:00 P.M., and suggested citizens avoid the
area dudng those times.
John Law was sad to report the passing of local attorney Frank Shiers, who was respected, admired,
and a "true fdend" to all who knew him. He described a 'time when Frank Shiers' assisted the City by
advising the City's Civil Service Commission dudng one of the State's longest Civil Service Headngs
(12 weeks), and how Frank Shiers did not raise his voice or criticize anyone during that time, only
provided guidance. In conclusion, he summarized that Frank Shiers was a friend to all of Bremerton.
President Arends concurred with the previous sentiments expressed by Mr. Law regarding Frank
Shiers, and offered her condolences to the Shiers family: son Frank Shiers, Jr. & wife Janeil; and
Frank's daughter Jane, her husband Bob Bryce, & son David. She indicated Frank Shiers was a
mentor to her, and that she will miss him.
Jim Reed arrived to the meeting at approximately 5:45 P.M.
MAYOR'S REPORT
Mayor Lynn Horton also offered her condolences to the family of Frank Shiers. She expressed her
appreciation to volunteers that participated in the "Downtown Bremerton Cleanup" event held last
Saturday, and hoped to see a follow-up event to continue the project in the near future. She informed
the Council that she would be contacting each of them to look into cleaning up business corridors in
their districts. Lastly, she announced that "World Changers" would be back in Bremerton this
weekend, with 270 young people and adults who will paint and replace roofs on 23 Bremerton homes.
All citizens are invited to the Bremerton High School auditorium this Friday at 5:45 P.M. for the
celebration service of these accomplishments.
LEGISLATIVE REPORT - There was no report this evening.
PUBLIC RECOGNITION
Tom McDonald of Quality Tires, voiced his concerns over new regulations imposed by the Health
Department relating to the disposal of tires. He also complimented President Arends, noting there
have been fewer arguments since she began chairing the Council meetings, which he appreciated.
Carol Atkinson of the Bremerton Main Street Association, invited the public to bring a chair, and
enjoy the sounds of the band "Jake" this Friday night, July 28th, from 6:00 to 8:00 for the last Concert
on the Boardwalk this year. She also announced this would be the last chance this year for citizens
to purchase dedication or memorial bricks for the Boardwalk, with forms were available in her office.
TAPE #1715
City Council Reg. Mtg. Minutes
July 26, 2000
Page 3 of 5
9A - REAPPOINTMENT OF ART MORKEN. JR. TO THE HOUSING AUTHORITY BOARD OF
COMMISSIONERS. (#AB00-171): Mayor Lynn HortQn recommended that Art Morken, Jr. be re-
appointed to the Bremerton Housing Authority Board of Commissioners, where he has been serving
for the last few years. She considered him an asset to the Board, and recommended confirmation of
this appointment.
Art Morken. Jr. looked forward to serving on this Committee, and thanked the Council for their
consideration. He also encouraged the Council Members to visit Westpark to see all the changes.
#0609 M/S/C/U (Farr/Olsen) Move to confirm the reappointment of Art Morken Jr. to the Bremerton
Housing Authority Board of Commissioners.
9B - AGREEMENT FOR SCO'I-I' SCOWCROFT AS COMMUNITY ACCESS TELEVISION
MANAGER. (#AB00-172): Kathleen McCluskey, Administrative Services Manager, reported that
she was a member of the interview team, which also consisted of Holly Anderson (representing the
County Commissioners); Judy Morgan (Chairperson of the BKAT Advisory Committee); and Greg
McClellan (Rainier Cable Communications of Tacoma). It was stated that Mr. Scowcraft bdngs over
15 years experience in public access television, and was most recently employed by AT & T
managing the Seattle Public Access program.
Scott ScQwcraft stated he was looking forward to building on the good work done by his
predecessor Terri O'Neill.
#0780 M/S/C/U (Reed/Farr) Move to approve agreement to hire Scott Scowcraft as Community
Access Television Manager.
9C - BID AWARD FOR CONTRACT TO INSTALL RAILCAR BRIDGES 1 & 2 (#AB00-173): Bill
McKinney, Forestry Manager, reported that the call for bids was prepared, advertised, distributed,
and received in accordance with City bid procedures. The contract provides for demolition of two
existing log bridges and installation of two City provided railcar bridges within the Union River
Watershed in accordance with contract specifications and base bid schedule Items 1 through 3. The
contract specifications call for cast in place abutments for bddge #1 and lock-block abutments for
bridge #2. Alternative #1 for cast in place abutments under Item 4 for bridge #2 is not recommended.
A total of six bids were received and the lowest responsive bidder was McTurnal & Dugger
Corporation of Olympia for base bid items 1 through 3 with a bid of $103,005.31, including sales tax.
The engineer's estimate for the project is $203,693. The action before the City Council is approval of
the contract with McTurnal & Dugger Corporation for installation of railcar bridges 1 and 2 per
contract specifications. Additionally, a bdef historical report on the previous bridge was provided.
Mike Shepherd stepped out of the meeting at approximately 6:00 P.M.
There were no questions or comments from the public.
#0950 M/S/C (Farr/McConnell) Move to accept bid in the amount of $103,005.31 for base bid items 1
through 3 and authorize the Mayor to execute contract for installation of railcar bridges 1 and 2 with
McTurnal & Dugger Corporation.
TAPE #1715
City Council Reg. Mtg. Minutes
July 26, 2000
Page 4 of 5
Voted in favor of this motion: Farr, Reed, Olsen, McConnell, Rollman, and Arends
Abstained from this motion: Law
Mike Shepherd was absent from this vote.
Motion carded: 6-Yes; 1-Abstention
9D - ACCEPTANCE OF STATE SALMON RECOVERY FUNDING BOARD GRANT FOR GORST
CREEK RESTORATION PROJECT (#AB00-174): Bill McKinney, Forestry Manager, reported that
the Public Works and Utilities Department applied for and received a State Salmon Recovery Funding
Board (SRFB) grant for a project titled "Gorst Creek Renovation". Administration of the grant is
through the Interagency Committee for Outdoor Recreation (lAC). This project will restore a segment
of Gorst Creek from the current concrete channel to a more natural configuration and function
providing enhanced spawning and rearing for salmonids. Location of the project is within Jarstad
Park. Total construction estimate for the project is $534,650. The amount of the grant is $368,150
with a City sponsored match of $166,500. The City's match includes a previous $50,000 design grant
from Kitsap County Public Utilities District, and donated materials, equipment, and tax. The action
before the City Council is acceptance of the grant funding and approval of the agreement with the
Salmon Recovery Funding Board/lAC. Upon approval, the plan is to advertise for construction bids
late this year, and to begin construction next spring.
There were no questions or comments from the public.
#1063 M/S/C/U (McConnell/Olsen) Move to approve and authorize the Mayor to execute the SRFB/
lAC Agreement, subject to City administrative policies and procedures.
Mike Shepherd was absent from this vote.
10A - ORDINANCE NO. 4716 (SECOND READING) RELATING TO APPOINTMENT OF JUDGES
PRO TEMPORE; AND AMENDING BMC SECTION 2.62.040, (#AB00-169): The first reading of this
ordinance was heard at the Council Meeting on July 19, 2000.
There were no questions or comments from the public.
#1115 M/S/C/U (Rollman/Reed) Move to pass Ordinance No. 4716 on second reading, designating
the presiding municipal court judge as the official who appoints judges pro tempore of the court and
amending Bremerton Municipal Code Section 2.62.040.
Mike Shepherd was absent from this vote.
1 lA - RESOLUTION NO. 2763. REGARDING RECOVERY OF FEES FOR THE ABATEMENT OF
GARBAGE AND DEBRIS ON THE PROPERTY LOCATED AT 1,512 BRADLEY COURT (#AB00-
175): Janet Lunceford, Building Development Specialist ]:T, established that on June 14, 2000, an
"Order to Remove Refuse within 72 hours" was issued to the owner of the property located at 1512
Bradley Court, ordering the removal of pallets, carpeting, garbage, and debris on the site. The owner
of record, Norwest Mortgage took no action, so Community Service workers removed the debris on
June 29, 2000. Council must now decide if the fees in the amount of $696.79 are just and
reasonable, and how those fees should be collected. Visuals of the debris were also presented.
There were no questions or comments from the public.
TAPE #1715
City Council Reg. Mtg. Minutes
July 26, 2000
Page 5 of 5
Mike Shepherd returned to the meeting at approximately 6:08 P.M.
#1220 M/S/C/U (McConnell/Olsen) Move to pass Resolution No. 2763, ordering the fees incurred for
the abatement of garbage and debris located at 1512 Bradley Court be collected as reasonable
abatement costs and become a lien against the property.
With no further business, meeting concluded at 6:10 P.M. City Council then adjoumed to the Council
Conference Room for a Study Session to discuss the "SUB AREA PLAN; and 3-PARTY AGREEMENT
with Kitsap County, the City of Bremerton, & Port Blakely Properties, for the Kitsap Lake Industrial
Park Development".
PAULA JOHNSTON, Deputy City Clerk
CAROL ARENDS, City Council President
City of Bremerton
PJ/CA/Is/cg
c: Normal Distribution
File
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: RESOLUTIONS # ~'7~ ~t and FOR AGENDA OF: August 2, 2000
#~t~APPROVING THE ANDERSON COVE ORIGINATING DEPT: PW&U Engineering Div.
AND THE PINE ROAD BASIN FACILITY PLANS, ORIGINATOR: Randy Witt, City Engir~eer
INCLUDING CONSTRUCTION OF A CSO DATE SUBMITTED: June 26, 2000
TREATMENT FACILITY FOR CSO ~D~JC_,,~ON. ,
2. CLEARANCES: (comment on back i~// ~ 3. E__XI:IIBITS
Director, Public Works/Utlifies ~/o,-~ . A. Resolution # ~.'7 (~ '~
City Attomey ~~~B. Resolution # ~----~-~
Council Budget & Finance Committee~-----' ° - C. City CSO Basin Map.
Op ra ons /
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
Staffhas been developing plans for reduction of combined sewer overflow (CSO) events throughout the City. The
current focus of this analysis is on the Anderson Cove and Callow Avenue Basins in West Bremerton and all of the
basins in East Bremerton. The Facility Plans for the Anderson Cove and Pine Road Basins are complete and have
been approved by the Washington State Department of Ecology. The Facility Plans for Callow Avenue and all
remaining basins in the City are under development. The plan being developed for CSO reduction in East
Bremerton proposes limited storage in conjunction with conveyance to a new CSO treatment facility within the
Pine Road Basin. Final design of the Pine Road Basin improvements will begin in the near future, with
construction of the conveyance and storage improvements to start this year and construction of the CSO treatment
facility to begin in 2001. The plan for CSO reduction in the Anderson Cove Basin includes flow slippage, storm
separation, pump station and transmission improvements for conveyance of flows to the Wastewater Treatment
Plant. Construction of improvements for sub-basins 8 and 9 is complete, with the remainder scheduled in 2005.
Copies of the facility plans are available at the Engineering Division.
Staff have prepared and recommend passage of the resolutions approving the Facility Plans for the reduction of
CSOs in the Pine Road and Anderson Cove Basins.
8. RECOMMENDATION: ~toc, .~,,W ~o t~ 5 ·
A. Motion to pass Resolution # oh,-7 (o"~ , which approves the Facility Plan for the reduction of combined
sewer overflow in the Pine Road Basin.
B. Motion to pass Resolution # oD,'"] ~ g--, which approves the Facility Plan for the reduction of combined
sewer overflow in the Anderson Cove Basin.
9. RESPONSIBLE OFFICIAL: City Engineer
ENFORCEMENT OFFICIAL: N/A
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION ~ A
PULLED TAB LED APPROVED DISAPPROVED
COUNCIL D]I*,.ECTIVE DATE:
11. AGENDA BILL NO: ~) - 13 7
2. CLEARANCE COMMENTS:
5. IMPACT ON NON-PASSAGE:
Formal approval of the facility plans by the City will not have occurred. Approval of the plans by
the City is required by the Washington State Department of Ecology. The ability to pursue grants
and loans will be impaired.
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER
RESOURCES:
None, implementation of the Combined Sewer Overflow Program is a continuing effort with the
schedule mandated by an existing Federal Court Consent Decree and Washington State Department
of Ecology Order on Consent.
7. RESEARCH SOURCES
ab, Agenda Bills 2000, Pine Road and Anderson Cove Basin Facility Plans for CSO Reduction
q
P SOLtmO
A RESOLUTION approving the Facility Plan for the reduction of
combined sewer overflow events in the Pine Road Basin.
WHEREAS, Washington State Law limits the number of combined sewer overflow (CSO)
events to one overflow event per year, per outfall; and
WHEREAS, the State of Washington, Department of Ecology has issued an Order on
Consent requiring CSO events in the Pine Road Basin be limited to one per year by the end of
2000; and
WHEREAS, the City has been constructing CSO reduction projects throughout the City
reducing the volume of overflows; and
WHEREAS, the City has completed a Facility Plan for the Pine Road Basin which
evaluates altematives for CSO reduction and selects the most cost effective altemative;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BREMERTON THAT:
The Facility Plan for the reduction of combined sewer overflow events in the Pine Road Basin is
approved for implementation.
PASSED by the City Council of the City of Bremerton this day of
,2000.
CAROL ARENDS, Council President
KESOLUTION NO. ~? ~'~
A RESOLUTION approving the Facility Plan for the reduction of
combined sewer overflow events in the Anderson Cove Basin.
WltEREAS, Washington State Law limits the number of combined sewer overflow (CSO)
events to one overflow event per year, per outfall; and
WHEREAS, the State of Washington, Department of Ecology has issued an Order on
Consent requiring CSO events in Anderson Cove Sub-Basin Numbers 8 and 9 be limited to one per
year by the end of 1999, and the CSO events in Anderson Cove Sub-Basin Numbers 10, 11 and 12
be limited to one per year by the of 2005; and
WHEREAS, the City has been constructing CSO reduction projects throughout the City
reducing the volume of overflows; and
WHEREAS, the City has completed a Facility Plan for the Anderson Cove Basin which
evaluates alternatives for CSO reduction and selects the most cost effective alternative;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BREMERTON THAT:
The Facility Plan for the reduction of combined sewer overflow events in the Anderson Cove Road
Basin is approved for implementation.
PASSED by the City Council of the City of Bremerton this day of
., 2000.
CAROL ARENDS, Council President
N.
~ : ..~- . ............
- ~ k. . ~' ~...
1-5
AGENDA BiLL
BREMERTON CITY COUNCIL
1. SUBJECT: RESOLUTIONS # ~7 (~' FOR AGENDA OF: August 2. 2000
AND # ~ AUTHORIZING THE CITY TO ORIGINATING DEPT: PW&U Engineering Div.
RECEIVE STATE REVOLVING FUND (SRF) ORIGINATOR: Randy Witt, City Enginee~.~
LOANS, AND RESOLUTION # ~7 (0 ~ DATE sUBMITTED: July 24, 2000
AUTHORIZING THE CITY TO RECEIVE A
CENTENNIAL CLEAN WATER FUND (CCWF)
GRANT
2. CLEARANCES: (comment o bac~ EXHIBITS
Director, Public Works/Utilities ~ A. Resolution # ,,q-'7 (o (o
City Attorney B. Resolution # ..,,q-"/6~'17 .
City Treasurer C. Resolution # _2_7_0~ ·
Council Budget & Finance Comm~tt~_~i~~~~~~'~ D. SRF Loan Agreement No. FP00098.
Operations Committee ~' E. SRF Loan Agreement No. FP00099.
F. CCWF Grant Agreement No. FP00098.
MAYoR~ENDORSE~Mfl")NT ~( ¢ ~O~VIATION APPROVED BY COUNCIL~PRESDENT~FOR SUBMITTAL:
4. SX T ym T m OtrIm sx FOR COUnCIl CTIO :
The City applied for and received grant and loan funding for development of an Update to the CSO Reduction Plan
(Grant No. FP00098 and Loan No. FP00098). This loan and grant will fund approximately 87 percent of the total
cost of this project. The City additionally applied for and received loan funding for design of the final priorities for
the Callow Avenue CSO Basin (Loan No. FP00099). This loan will fund 100 percent of the total design cost for
this project. State regulations require that resolutions be approved for these loans and this grant for receipt of these
funds.
8. RECOMMENDATION: "C~-e e~ lvko~icvx5:
A. Motion to pass Resolution # 9'-'7~(o"~vhich approves State Revolving Fund Loan No. FP00098 for the
Bremerton CSO Reduction Plan Update.
B. Motion to pass Resolution #,,~-) (0.7 ~vhich af0prove~ Centennial Clean Water Fund Grant No. FP00098 for the
Bremerton CSO Reduction plan Update.
C. Motion to pass Resolution #~'7~,' ~ which approves State Revolving Fund Loan No. FP00099 for the Callow
CSO Design - Final Priorities.
9. RESPONSIBLE OFFICIAL: City, Engineer
ENFORCEMENT OFFICIAL: N/A
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION
PULLED TABLED APPROVED DISAPPROVED ~__
COUNCIL DIRECTIVE DA
11. A..GENDA BILL NO: {7)0 "I "7, ~
2. CLEARANCE COMMENTS:
5. IMPACT ON NON-PASSAGE:
The City would not receive the proposed loans and grant.
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES:
Staffing: No impact.
Budget: These loans and this gran,.t provide the budget to perform these necessary CSO reduction
activities. .~ ~.
Facilities/Equipment: No impact.
7. RESEARCH SOURCES
ab/Agenda Bills 2000, SKF Loan and CCWF Grant, 8-00
RESOLUTION NO.
A RESOLUTION approving State Revolving Fund Loan No.
FP00098 (Bremerton CSO Reduction Plan Update).
WHEREAS, the Department of Ecology, a Washington State Agency, has established a State Revolving
Fund (SRF) for providing financial assistance for the Update to the CSO Reduction Plan; and
WHEREAS, the City of Bremerton desires to participate in a loan from said SRF; and
WHEREAS, a requirement to participate requires a resolution of the governing body authorizing the
City of Bremerton to receive a SRF loan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
BREMERTON THAT:
Section 1. The City of Bremerton desires to participate in the SRF Loan Program.
Section 2. The City Council of the City of Bremerton does hereby authorize the City of Bremerton to receive a
SRF Loan and to take such other actions as are necessary and relevant to the SRF Loan Pro=o-ram
PASSED by the City Council of the City of Bremerton this day of ,2000.
CAROL ARENDS, Council President
RESOLUTION NO. Z 767
A RESOLUTION approving Centennial Clean Water Fund
(CCWF) Grant No. FP00098 (Bremerton CSO Reduction Plan
Update).
WHEREAS, the Department of Ecology, a Washington State Agency, has established a Centennial
Clean Water Fund for the Update to the CSO Reduction Plan; and
WItEREAS, the City of Bremerton desires to participate in a grant from said CCWF; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
BREMERTON THAT:
Section 1. The City of Bremerton desires to participate in the CCWF Grant Program.
Section 2. The City Council of the City of Bremerton does hereby authorize the City of Bremerton to receive a
SRF Loan and to take such other actions as are necessary and relevant to the CCWF Grant Program.
PASSED by the City Council of the City of Bremerton this day of ,2000.
CAROL ARENDS, Council President
RESOLUTION NO. ~¥'7 ~a ~
A RESOLUTION approving State Revolving Fund Loan No.
FP00099 (Callow CSO Design - Final Priorities).
WHEREAS, the Department of Ecology, a Washington State Agency, has established a State Revolving
Fund (SRF) for providing financial assistance for the Design of the Final Priorities for the Callow Avenue
Basin; and
WHEREAS, the City of Bremerton desires to participate in a loan from said SRF; and
WHEREAS, a requirement to participate requires a resolution of the governing body author/zing the
City of Bremerton to receive a SRF loan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
BREMERTON THAT:
Section 1. The City of Bremerton desires to participate in the SRF Loan Program.
Section 2. The City Council of the City, of Bremerton does hereby authorize the City of Bremerton to receive a
SRF Loan and to take such other actions as are necessary and relevant to the SRF Loan Program.
PASSED by the City Council of the City of Bremerton this day of ,2000.
CAROL ARENDS, Council President
WASHINGTON STATE
DEPARTMENT OF
ECOLOGY
WASHINGTON STATE WATER POLLUTION CONTROL REVOLVING FUND
LOAN AGREEMENT
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
THE CITY OF BREMERTON
Project Title: Bremerton CSO Reduction Plan Update
Loan Noi: t7P00098
Loan Amount: $245,000
Interest Rate: 1.5 percent
Loan Term: 20 years
Effective: ,
WASHINGTON STATE WATER POLLUTION CONTROL REVOLVING FUND
LOAN AGREEMENT
BETWEEN .
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
THE CITY OF BREMERTON
Table of Contents
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THE CITY OF BREMERTON ................................................................................................................ 1
THE CITY OF BREMERTON ................................................................................................................. i
FOR ........................................................................................................................................................... 1
I. THE PARTIES ................................................................................................................................
A. RECIPIENT Information ........................................................................................................... 1
B. DEPARTMENT Information ..................................................................................................... 1
C. Changes to Contact Information ................................................................................................. 2
II. AUTHORITY ................................................................................................................................. 2
A. Authority of RECIPIENT ........................................................................................................... 2
B. Opinion of RECIPIENT's Legal Counsel .................................................................................. 2
III. TERM OF AGREEMENT ................ : ................ ~ ............................................................................ 2
IV. THE PROJECT ............................................................................................................................... 3
A. PROJECT Description ............................................................................................................... 3
B. Scope of Work ............................................................................................................................ 3
C. PROJECT Budget ...................................................................................................................... 3
D. Sources of Funds for the PROJECT ........................................................................................... 4
E. PROJECT Schedule ................................................................................................................... 4
V. THE LOAN ..................................................................................................................................... 4
A. Source and Availability; LOAN Amounts; LOAN Terms ......................................................... 4
B. Requests for Payment ................................................................................................................. 5
C. Sources of LOAN Repayment .................................................................................................... 5
D. Method and Conditions on Repayments .................................................................................... 6
City of Bremerton ~.
Bremerton CSO Reduction Plan Update Project
Loan No.
VI. REPRESENTATIONS AND WARRANTIES ............ : .................................................................. 7
A. Existence; Authority ................................................................................................................... 7
B. Application; Material Information ............................................................................................. 8
C. Litigation; Authority .................................................................................................................. 8
D. Not an Excess Indebtedness ....................................................................................................... 8
E. Not a General Obligation ........................................................................................................... 8
F. Due Regard ................................................................................................................................. 8
VII. COVENANTS AND AGREEMENTS ........................................................................................... 8
A. Acceptance ................................................................................................................................. 8
B. Accounts and Records ................................................................................................................ 9
C. Alteration and Eligibility of PROJECT ..................................................................................... 9
D. Pledge of Net Revenue ............................................................................................................... 9
E. Maintenance and Operation of Utility ........................................................................................ 9
F. Coverage Requirement ............................................................................................................... 9
G. Free Service ................................................................................................................................ 9
H. Reserve Requirement ................................................................................................................. 9
I. Sale or Disposition of Utility ................................................................................................... 10
J. Insurance .................................................................................................................................. 10
VIII. TERMINATION AND DEFAULT; REMEDIES ........................................................................ 10
A. Termination and Default Events ............................................................................................... 10
B. Procedures for Termination ...................................................................................................... 11
C. Termination and Default Remedies .......................................................................................... 11
IX. MODIFICATIONS TO AGREEMENT ....................................................................................... 12
X. ALL AGREEMENTS CONTAINED HEREIN" ........................................................................... 14
ATTACHMENT 1. DOCUMENTS INCORPORATED BY ATTACHMENT OR BY REFERENCE
ATTACHMENT 2. AGREEMENT DEFINITIONS
ATTACHMENT 3. AUTHORIZING ORDINANCE OR RESOLUTION
ATTACHMENT 4. OPINION OF RECIPIENT'S LEGAL COUNSEL
ATTACHMENT 5. SCOPE OF WORK
ATTACHMENT 6. SPECIAL TERMS AND CONDITIONS
ATTACHMENT 7. LOAN GENERAL TERMS AND CONDITIONS
ATTACHMENT 8. LOAN REPAYMENT SCHEDULE
WASHINGTON STATE WATER POLLUTION CONTROL REVOLVING FUND
LOAN AGREEMENT BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
THE CITY OF BREMERTON
FOR
CSO REDUCTION PLAN UPDATE
THIS is a binding loan agreement entered into by and between the state of Washington, Department of
Ecology (the "DEPARTMENT"), and the City of Bremerton (the "RECIPIENT"). The purpose of this
loan agreement (the "AGREEMENT") is to provide funds to the RECIPIENT (the "LOAN") to carry
out the activities described herein (the "PROJECT").
This AGREEMENT consists of__ pages and eight (8) attachments. This AGREEMENT
incorporates by attachment and by reference the documents listed in ATTACHMENT 1.
Capitalized terms used, but not otherwise defined, in this AGREEMENT are defined in
ATTACHMENT 2.
I. THE PARTIES
A. RECIPIENT Information
Name and Address: City of Bremerton
239 4th Street
Bremerton, WA 98337
Contact: Randy Witt
Telephone Number: (360) 478-5348
E-Mail Address: rwitt~ci.bremerton.wa.us
Fax Number: (360) 478-5398
Federal Taxpayer ID Number: 91-6001231
B. DEPARTMENT Information
Address: Water Quality Program
Washington State Department of Ecology
P.O. Box 47600
Olympia, WA 98504~7600
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~ity of Bremerton
Bremerton CSO Reduction Plan Update Project
Loan No.
Project Manager: Mike Dawda
Address: WA State Department of Ecology - NWRO
3190- 160~ Avenue SE
Bellevue, WA 98008-5452
Telephone Number: (425) 649-7027
E-Mail Address: mdaw461 @ecy.w a. gov
Fax Number: (425) 649-7098
Financial Manager: Karen M. Beatty-Lee
Address: Financial Management Section
Water Quality Program
Washington State Department of Ecology
P.O. Box 47600
Olympia, WA 98504-7600
Telephone Number: (360) 407-6549
E-Mail Address: kbea461 ~ecy.wa.gov
Fax Number: (360) 407-6426
Catalog of Federal Domestic Assistance Number: 66.458
C. Changes to Contact Information
The RECIPIENT may modify its Contact designated above, and the DEPARTMENT may modify its
Project Manager or Financial Manager designated above, by letter to that effect mailed to the others at
the respective addresses shown in Sections I-A and I-B above.
II. AUTHORITY
A. Authority of RECIPIENT
This AGREEMENT is authorized (i) by the Cor/stitution and laws of the state of Washington,
including the RECIPIENT's authority thereunder, and (ii) by the RECIPIENT pursuant to the
ordinance or resolution attached hereto as ATTACHMENT 3.
B. Opinion of RECIPIENT's Legal Counsel
The DEPARTMENT has received an opinion of legal counsel to the RECIPIENT in the form and
substance of ATTACHMENT 4.
III. TERM OF AGREEMENT
The effective date of this AGREEMENT shall be the date this AGREEMENT is signed by the
DEPARTMENT's Water Quality Program Manager. Any work performed prior to the effective date of
this AGREEMENT without prior written authorization of the DEPARTMENT will be at the sole
expense and risk of the RECIPIENT.
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City of Bremerton
Bremerton CSO Reduction Plan Update Project
Loan No.
Prior authorization has been granted by the DEPARTMENT for eligible work commencing on August
18, 1999 (the "prior authorization date"). Any work performed prior to the prior authorization date
will be at the sole expense and risk of the RECIPIENT.
This AGREEMENT shall remain in effect until the date of final repayment of the LOAN, unless
terminated earlier according to the provisions herein.
IV. THE PROJECT
A. PROJECT Description
The project consists of updating the RECIPIENT's CSO Reduction Plan to include facilities plans for
all basins that require CSO reduction improvements. The updated plan will provide the strategy for the
RECIPIENT's continuing efforts to reduce CSO events into Puget Sound as required by state
regulations, Ecology Consent Orders, and Court Orders.
B. Scope of Work
The RECIPIENT shall ensure that the PROJECT is completed according to the details of this
AGREEMENT including, but not limited to, those contained in ATTACHMENT 5, "SCOPE OF
WORK," ATTACHMENT 6, "SPECIAL TERMS AND CONDITIONS," AND ATTACHMENT 7,
"LOAN GENERAL TERMS AND CONDITIONS."
No changes, additions, and/or deletions to the Scope of Work shall be authorized except by a formal
written amendment to this AGREEMENT made in accordance with Section IX hereof.
C. PROJECT Budget
Total SRF Loan CCWF Grant CCWF Grant
Tasks Eligible Pl'oject Co~ts: Eligible Project Project Costs
Project (1) Costs (1)
Costs
1. Project $95,000 $46,000 $95,000 49,000
Administration, City
Oversignt and QA/QC
2. Inflow and $45,000 $0 $45,000 $45,000
Infiltration Study
3. Utility Map Update $56,000 $0 $56,000 $56,000
4. Hydra Model $105,000 $0 $105,000 $105,000
iDevelopment
5. Inverted Siphon $40,000 $40,000 $40,000! $0
Evaluation
6. Assess and Select $110,000 $110,000 $110,000 $0
CSO Reduction
Alternatives
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City of Bremerton .~
Bremerton CSO Reduction Plan Update Project
Loan No.
7. Develop Facility $49,000 $49,000 $0 $0
Plan(s)
Totals $500,000 $245,000 $451,000 $255,000
Notes:
(1) All project costs are SRF Loan Eligible. All project costs are CCWF Grant Eligible with the
exception of Task 7, development of Facility Plans. Loan funds may be used to fund grant eligible
tasks once grant funds are expended to the amount identified in paragraph D, below.
D. Sources of Funds for the PROJECT
SRF LOAN (FY 2000) $245,000
Local Funds $ 63,750
Other Funds (CCWF Grant) $191,250
Total $500,000
E. PROJECT Schedule
The RECIPIENT agrees to complete the PROJECT in accordance with the following schedule (the
"PROJECT Schedule"):
1. PROJECT Start Date: August 18, 1999
2. Initiation of Operation Date: N/A
3. PROJECT Completion Date: December 31,2001
Any changes to the PROJECT Schedule must be effected through a formal amendment to this
AGREEMENT as provided in Section IX hereof.
The useful life of the PROJECT is: N/A ~ ..
V. THE LOAN
A. Source and Availability; LOAN Amounts; LOAN Terms
DEPARTMENT Funding Source: Washington State Water Pollution Control Revolving Fund (SRF)
Subject to all of the terms, provisions, and conditions of this AGREEMENT, and subject to the
availability of federal and state funds, the DEPARTMENT will loan to the RECIPIENT the sum of ~'o
hundred and forty-five thousand dollars ($245,000) (the "Estimated LOAN Amount").
When the PROJECT Completion Date or the Initiation of Operation Date has occurred (if appropriate),
the DEPARTMENT and the RECIPIENT will execute an amendment to this AGREEMENT which
details the final LOAN amount (the "Final LOAN Amount"), and the DEPARTMENT will prepare a
final LOAN repayment schedule, substantially in the form of ATTACHMENT 8. The Final LOAN
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City of Bremerton .~
Bremerton CSO Reduction Plan Update Project
Loan No.
Amount will be the combined total of actual disbursements'and all accrued interest to the computation
date.
The Estimated LOAN Amount and the Final LOAN Amount (in either case, as applicable, a "LOAN
Amount") shall bear interest at the rate of 1.5% per annum, calculated on the basis of a 365-day year.
Interest on the Estimated LOAN Amount will accrue from and be calculated based on the date that
each payment is mailed to the RECIPIENT. The Final LOAN Amount shall be repaid semiannually
over a term of twenty (20) years, as provided in ATTACHMENT 8.
B. Requests for Payment
1. Procedure. Payments to the RECIPIENT shall be made on a reimbursable basis at least
quarterly and no more often than once per month. Each request for payment will be submitted by the
RECIPIENT, along with documentation of the expenses per the DEPARTMENT's ADM~ISTRATIVE
REQUIREMENTS, on an A19-1A payment request form and other required forms provided by the
DEPARTMENT. Payment requests shall be submitted by the RECIPIENT to the Financial Manager
of the DEPARTMENT. Payments shall be made only for eligible PROJECT costs incurred and shall
not exceed the Estimated LOAN Amount.
Instructions for submitting payment requests are found in ADMINISTRATIVE REQUIREMENTS, PART IV.
A copy of this document shall be furnished to the RECIPIENT.
2. Period of Pavrnent. Payments shall only be made for eligible costs of the PROJECT
pursuant to the AGREEMENT and performed after the effective date and prior to the expiration date of
the AGREEMENT, unless those dates are specifically modified in writing as provided in Section III or
pursuant to Section IX herein.
3. Ineligible Costs. If any audit identifies LOAN funds which were used to support ineligible
costs, such funds may be immediately due and payable to the DEPARTMENT notwithstanding any
provision to the contrary herein. ~
4. Overhead Costs. No payment for overhead costs in excess of 25 percent of salaries and
benefits of the RECIPIENT shall be allowed.
5. Certification. Each payment request shall constitute a certification by the RECIPIENT to
the effect that all representations and warranties made in this AGREEMENT remain true as of the date
of the request and that no adverse developments, affecting the financial condition of the RECIPIENT
or its ability to complete the PROJECT or to repay the principal of or interest on the LOAN, have
occurred since the date of this AGREEMENT. Any changes in the foregoing shall be specifically
disclosed in writing to the DEPARTMENT by the RECIPIENT in its request for payment.
C. Sources of LOAN Repayment
1. Nature of RECIPIENT'S Obligation. The obligation of the RECIPIENT to repay the
LOAN from the sources identified below and to perform and observe all of the other agreements and
obligations on its part contained herein shall be absolute and unconditional, and shall not be subject to
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'City of Bremerton ,~
Bremerton CSO Reduction Plan Update Project
Loan No.
diminution by setoff, counterclaim, or abatement of any kind.
2. Revenue-Secured; Lien Position. This LOAN is a Revenue-Secured Debt of the
RECIPIENT's Utility. This LOAN shall constitute a lien and charge upon the Net Revenue junior and
subordinate to the lien and charge upon such Net Revenue of any Senior Lien Obligations. To secure
the repayment of the LOAN from the DEPARTMENT, the RECIPIENT agrees to comply with all of
the covenants and agreements herein including, but not limited to those, contained in Section VII of
this AGREEMENT.
3. Other Sources of Repayment. The RECIPIENT may repay any portion of the LOAN' from
any funds legally available to it other than those pledged in Section V-C-2 hereof.
4. Defeasance of the LOAN; Refinancing or Additional Financing of the PROJECT. So long
as the DEPARTMENT shall hold this LOAN, the RECIPIENT shall not be entitled to, and shall not
effect, an economic Defeasance of the LOAN. The RECIPIENT also shall not refinance the
PROJECT, including making an advance refunding of the LOAN, or obtain grants or loans additional
to those listed in Section IV hereof to finance the PROJECT, without the written consent of the
DEPARTMENT.
If the RECIPIENT defeases or advance refunds the LOAN or obtains additional grants or loans for the
PROJECT without DEPARTMENT consent, it shall be required to use the proceeds thereof
immediately upon their receipt, together with other available RECIPIENT funds, to repay
(i) the LOAN Amount with interest, and
(ii) any other obligations of the RECIPIENT to the DEPARTMENT under this AGREEMENT,
unless in its sole discretion the DEPARTMENT finds that repayment from those additional sources
would not be in the public interest.
Failure to repay the LOAN Amount plus'interest within the time specified in the DEPARTMENT's
notice to make such repayment shall incur Late Cha3ges under Section V-D-2 and shall be treated as a
LOAN Default under Section VIII-A hereof.
D. Method and Conditions on Repayments
1. Semiannual Payments. Notwithstanding any other provision of this AGREEMENT, the
first semiannual payment of principal and interest on this LOAN shall be paid not later than the earlier
of
(i) one (1) year after the PROJECT Completion Date or Initiation of Operation Date, or
(ii) five (5) years from the first payment by the DEPARTMENT.
Equal payments shall be due every six months thereafter.
If the due date for any semiannual payment falls on a Saturday, Sunday, or designated holiday for
Washington State agencies, the payment shall be due on the next business day for Washington State
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City of Bremerton
Bremerton CSO Reduction Plan Update Project
Loan No.
agencies.
Payments shall be mailed to:
Cashiering Section
Washington State Department of Ecology
P.O. Box 5128
Lacey, WA 98509-5128
No change to the amount of the semiannual principal and interest payments shall be made without a
formal amendment to this AGREEMENT. The RECIPIENT will continue to make semiannual
payments based on this AGREEMENT until the amendment is effective, at which time the
RECIPIENT's payments shall be made pursuant to the amended AGREEMENT.
2. Late Charges. If any amount of the Final LOAN Amount or any other amount owed to the
DEPARTMENT pursuant to this AGREEMENT remains unpaid after it becomes due and payable, the
DEPARTMENT may assess a late charge (a "Late Charge"). The Late Charge shall be additional
interest at the rate of one percent per month, or fraction thereof, starting on the date the debt becomes
past due and continuing until the debt is paid in full. The RECIPIENT hereby agrees to pay such Late
Charge. Nothing contained herein affects the DEPARTMENT'S default rights in Section VIII-C of
this AGREEMENT.
3. Repayrnent Limitations. Repayment of the LOAN is subject to the following additional
limitations, among others: those on Defeasance, refinancing and advance refunding, and additional
financing contained in Section V-C-4; and on termination, default and recovery of payments contained
in Section VIII hereof.
4. Prepayrnent of LOAN. So long as the DEPARTMENT shall hold this LOAN, the
RECIPIENT may prepay the entire unpaid principal balance of and accrued interest on the LOAN, or
any portion of the remaining unpaid principal balance of the LOAN Amount. Any prepayments on the
LOAN will be applied first to any accrued interest: dde, and then to the outstanding principal balance of
the LOAN Amount. If the RECIPIENT elects to prepay the entire remaining unpaid balance and
accrued interest, the RECIPIENT shall first contact the DEPARTMENT's Cashiering Section.
VI. REPRESENTATIONS AND WARRANTIES
The RECIPIENT represents and warrants to the DEPARTMENT as follows:
A. Existence; Authority.
It is a duly formed and legally existing municipal corporation or political subdivision of the state of
Washington or a federally recognized Indian tribe. It has full corporate power and authority to execute,
deliver, and perform all of its obligations under this AGREEMENT and to undertake the PROJECT
identified herein.
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~ity of Bremerton ~.
Bremerton CSO Reduction Plan Update Project
Loan No.
B. Application; Material Information.
All information and materials submitted by the RECIPIENT to the DEPARTMENT in connection with
its LOAN application were when made, and are as of the date the RECIPIENT executes this
AGREEMENT, true and correct. There is no material adverse information relating to the RECIPIENT,
the PROJECT, the LOAN or this AGREEMENT known to the RECIPIENT which has not been
disclosed in writing to the DEPARTMENT.
C. Litigation; Authority.
No litigation is now pending or, to the RECIPIENT'S knowledge, threatened, seeking to restrain or
enjoin (i) the execution of this AGREEMENT, or (ii) the fixing or collection of the revenues, rates, and
charges pledged to pay the principal of and interest on the LOAN, or (iii) in any manner questioning
the proceedings and authority under which the AGREEMENT, the LOAN or the PROJECT are
authorized. Neither the corporate existence or boundaries of the RECIPIENT nor the title of its present
officers to their respective offices is being contested. No authority or proceeding for the execution of
this AGREEMENT has been repealed, revoked, or rescinded.
D. Not an Excess Indebtedness.
This AGREEMENT and the LOAN to be made hereunder do not create an indebtedness of the
RECIPIENT in excess of any constitutional or statutory limitations.
E. Not a General Obligation.
This AGREEMENT and the LOAN to be made hereunder do not constitute a general obligation debt of
the RECIPIENT or the state of Washington.
F. Due Regard.
The RECIPIENT has exercised due regard for M~.intenance and Operation Expense and the debt
service requirements of the Senior Lien Obligations and any other outstanding obligations pledging the
Gross Revenue of the Utility, and it has not obligated itself to set aside and pay into the Loan Fund a
greater amount of the Gross Revenue of the Utility than in its judgment will be available over and
above such Maintenance and Operation Expense and those debt service requirements.
VII. COVENANTS AND AGREEMENTS
A. Acceptance.
The RECIPIENT accepts and agrees to comply with all terms, provisions, conditions, and
commitments of this AGREEMENT, including all incorporated and referenced documents, and to
fulfill all assurances, declarations, representations, and commitments made by the RECIPIENT in its
application, accompanying documents and communications filed in support of its request for a LOAN.
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City of Bremerton
Bremerton CSO Reduction Plan Update Project
Loan No.
B. Accounts and Records.
The RECIPIENT will keep proper and separate accounts and records in which complete and separate
entries shall be made of all transactions relating to this AGREEMENT.
C. Alteration and Eligibility of PROJECT.
During the term of this AGREEMENT, the RECIPIENT (i) shall not materially alter the design or
structural character of the PROJECT without the prior written approval of the DEPARTMENT and (ii)
shall take no action which would adversely affect the eligibility of the PROJECT as a Washington
State Water Pollution Control Revolving Fund project under Chapter 173-98 WAC, "Uses and
Limitations of the Water Pollution Control Revolving Fund, or which would cause a violation of any
covenant, condition, or provision herein.
D. Pledge of Net Revenue.
For so long as the LOAN is outstanding, the RECIPIENT irrevocably pledges the Net Revenue of the
Utility to pay when due the principal of and interest on the LOAN.
E. Maintenance and Operation of Utility.
The RECIPIENT will at all times maintain and keep the Utility in good repair, working order and
condition and also will at all times operate the Utility and the business in connection therewith in an
efficient manner and at a reasonable cost.
F. Coverage Requirement.
For so long as the LOAN is outstanding, the RECIPIENT shall establish, maintain, and collect such
rates and charges for Utility service which will produce Net Revenue which shall be at least equal to
the Coverage Requirement. "Coverage Requirement" means annual Net Revenue which, after the
payment of Senior Lien Obligations and togethe/' v~ith ULID Assessments (if applicable), is at least
equal to 120% of Annual Debt Service on the LOAN and any other obligations on a parity therewith.
G. Free Service.
The RECIPIENT will not furnish Utility service to any customer free of charge if providing that free
service will affect the RECIPIENT'S ability to meet the obligations of this AGREEMENT.
H. Reserve Requirement.
For loans that are Revenue-Secured Debt with terms greater than five (5) years, the RECIPIENT must
accumulate a reserve for the LOAN equivalent to at least the Average Annual Debt Service on the
LOAN during the first five (5) years of the repayment period of the LOAN. This amount shall be
deposited in a Reserve Account in the LOAN Fund in approximately equal annual payments
commencing within one year after the Initiation of Operation or the PROJECT Completion Date,
whichever comes first. "Reserve Account" means, for a LOAN that constitutes Revenue-Secured debt,
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City of Bremerton ~.
Bremerton CSO Reduction Plan Update Project
Loan No.
an account of that name created in the Loan Fund to secure the payment of the principal of an interest
on the LOAN. The amount on deposit in the reserve Account may be applied by the RECIPIENT (i) to
make, in part or in full, the final repayment to the DEPARTMENT of the LOAN Amount or, (ii) if not
so applied, for any other lawful purpose of the RECIPIENT once the LOAN Amount, plus interest and
any other amounts owning to the DEPARTMENT hereunder, have been paid in full.
I. Sale or Disposition of Utility..
The RECIPIENT will not sell, transfer, or otherwise dispose of any of the works, plant, properties,
facilities, or other part of the Utility or any real or personal property comprising a part of the Utility
unless:
1. The facilities or property transferred are not material to the operation of the Utility,
or shall have become unserviceable, inadequate, obsolete, or unfit to be used in the operation of
the Utility or are no longer necessary, mater/al, or useful to the operation of the Utility; or
2. The aggregate depreciated cost value of the facilities or property being transferred
in any fiscal year comprises no more than three (3) percent of the total assets of the Utility; or
3. The RECIPIENT receives from the transferee an amount equal to an amount which
will be in the same proportion to the net amount of Senior Lien Obligations and this LOAN
then outstanding (defined as the total amount outstanding less the amount of cash and
investments in the bond and loan funds securing such debt) as the Gross Revenue of the Utility
from the portion of the Utility sold or disposed of for the preceding year bears to the total
Gross Revenue for that period.
The proceeds of any transfer under this paragraph shall be used (i) to redeem promptly, or irrevocably
set aside for the redemption of, Senior Lien Obligations and to redeem promptly the LOAN, and~or (ii)
to provide for part of the cost of additions to and betterments and extensions of the Utility.
J. Insurance. : ~'
The RECIPIENT will at all times carry fire and extended coverage, public liability and property
damage, and such other forms of insurance with responsible insurers and with policies payable to the
RECIPIENT on such of the buildings, equipment, works, plants, facilities, and properties of the Utility
as are ordinarily carried by municipal or privately-owned utilities engaged in the operation of like
systems, and against such claims for damages as are ordinarily carried by municipal or privately-owned
utilities engaged in the operation of like systems, or it will self-insure or will participate in an insurance
pool or pools with reserves adequate, in the reasonable judgment of the RECIPIENT, to protect it
against loss.
VIII. TERMINATION AND DEFAULT; REMEDIES
A. Termination and Default Events
1. For Insufficient DEPARTMENT or RECIPIENT Funds. This AGREEMENT may be
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City of Bremerton
Bremerton CSO Reduction Plan Update Project
Loan No.
terminated by the DEPARTMENT for insufficient DEPARTMENT or RECIPIENT funds.
2. For Failure to Commence Work. This AGREEMENT may be terminated by the
DEPARTMENT for failure of the RECIPIENT to commence PROJECT work.
3. Past Due Pawnents. The RECIPIENT will be in default of its obligations under this
AGREEMENT when any LOAN repayment becomes sixty (60) days past due.
4. Other Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent
upon satisfactory performance in full by the RECIPIENT of all of its obligations under this
AGREEMENT. The RECIPIENT will be in default of its obligations under this AGREEMENT if, in
the opinion of the DEPARTMENT, the RECIPIENT has unjustifiably failed to perform any obligation
required of it by this AGREEMENT including, but not limited to, the PROJECT Schedule contained in
Section IV-D hereof.
B. Procedures for Termination
If this AGREEMENT is terminated prior to PROJECT completion, the DEPARTMENT shall provide
to the RECIPIENT a written notice of termination at least five (5) working days prior to the effective
date of termination (the "Termination Date"). The written notice of termination by the
DEPARTMENT shall specify the Termination Date and, when applicable, the date by which the
RECIPIENT must repay any outstanding balance of the LOAN and all accrued interest (the
"Termination Payment Date").
C. Termination and Default Remedies
1. No Further Payments. On and after the Termination Date or in the event of a default event,
the DEPARTMENT may, in its sole discretion, withdraw the LOAN and make no further payments
under this AGREEMENT.
2. Repayment Demand. In response tO a termination event, except in the circumstances
described in Section VIII-A~I above, or in response to a default event, the DEPARTMENT may in its
sole discretion demand that the RECIPIENT repay the outstanding balance of the LOAN Amount and
all accrued interest.
3. Interest after Repayment Demand. From the time that the DEPARTMENT demands
repayment of funds under Section VIII-B or Section VIII-C-2 hereof, amounts owed by the
RECIPIENT to the DEPARTMENT shall accrue additional interest at the rate of one percent per
month, or fraction thereof.
4. Accelerate Repayments. In the event of a default event, the DEPARTMENT may in its
sole discretion declare the principal of and interest on the LOAN immediately due and payable[,
subject to the prior lien and charge of any outstanding Senior Lien Obligations upon the Net Revenue].
Repayments not made immediately upon such acceleration shall incur Late Charges as provided in
Sections V-D-2 and VIII-C-5 hereof.
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City of Bremerton
Bremerton CSO Reduction Plan Update Project
Loan No.
5. Late Charge.s. All amounts due to the DEPARTMENT and not paid by the RECIPIENT
by the Termination Payment Date or after acceleration following a default event, as applicable, shall
incur Late Charges as provided in Section V-D-2 hereof.
6. Intercept State Funds. In the event of a default event and in accordance with RCW
90.50A.060, "Defaults," any state funds otherwise due to the RECIPIENT may, in the
DEPARTMENT's sole discretion, be withheld and applied to the repayment of the LOAN.
7. Property_ to DEPARTMENT. In the event of a default event and at the option of the
DEPARTMENT, any property (equipment and land) acquired under this AGREEMENT may in the
DEPARTMENT's sole discretion become the DEPARTMENT's property. In that circumstance, the
RECIPIENT's liability to repay money shall be reduced by an amount reflecting the fair value of such
property.
8. Documents and Materials. If this AGREEMENT is terminated, all finished or unfinished
documents, data studies, surveys, drawings, maps, models, photographs, and reports or other materials
prepared hereunder by the RECIPIENT shall, at the option of the DEPARTMENT, become
DEPARTMENT property. The RECIPIENT shall be entitled to receive just and equitable
compensation for any satisfactory work completed on such documents and other materials.
9. Collection and Enforcement Actions. In the event of a default event, the state of
Washington reserves the right to take any actions it deems necessary to collect the amounts due or to
become due, or to enforce the performance and observance of any obligation by the RECIPIENT,
under this AGREEMENT.
10. Fees and Expenses. In any action to enforce the provisions of this AGREEMENT,
reasonable fees and expenses of attorneys and other reasonable expenses (including, without limitation,
the reasonably allocated costs of legal staff) shall be awarded to the prevailing party as that term is
defined in RCW 4.84.330, "Actions on contract or lease...--Waiver prohibited."
11. Damages. Notwithstanding the DEPARTMENT's exercise of any or all of the termination
or default remedies provided in Section VIII-C-1 through VIII-C-10 above, the RECIPIENT shall not
be relieved of any liability to the DEPARTMENT for damages sustained by the DEPARTMENT
and/or the state of Washington because of any breach of this AGREEMENT by the RECIPIENT. The
DEPARTMENT may withhold payments for the purpose of setoff until such time as the exact amount
of damages due the DEPARTMENT from the RECIPIENT is determined.
IX. MODIFICATIONS TO AGREEMENT
No subsequent amendments to this AGREEMENT shall be of any force or effect unless reduced to a
writing and signed by authorized representatives of the RECIPIENT and the DEPARTMENT, and
made part hereof, except:
1. Any change of the RECIPIENT'S Contact or of the DEPARTMENT'S Project Manager or
Financial Manager as set forth respectively in Sections I-A and I-B hereof, may be made by either
party as provided in Section I-C; or
Page 12 of 14
39-
City of Bremerton ,..
Bremerton CSO Reduction Plan Update Project
Loan No.
2. Insubstantial modifications, such as frequency and number of required submittals, budget
allocations not affecting the total LOAN Amount and similar changes requested by the RECIPIENT in
writing, may be approved in writing by the Project Manager of the DEPARTMENT.
No amendment to this AGREEMENT shall be effective until accepted or affirmed in writing by the
DEPARTMENT.
In no event shall any oral agreement or oral commitment be effective to amend this AGREEMENT.
Page 13 of 14 ,~
· City of Bremerton ~
Bremerton CSO Reduction Plan Update Project
Loan No.
X. ALL AGREEMENTS CONTAINED HEREIN
This Agreement, including the incorporated documents, contains the entire understanding between the
parties, and there are no other understandings or representations other than those set forth or
incorporated by reference herein. No subsequent substantive amendments to this Agreement shall be
of any force or effect unless made in conformity with Section IX hereof.
IN WITNESS WHEREOF, the DEPARTMENT and the RECIPIENT have executed this
AGREEMENT as of the dates set forth below, to be effective as provided above.
STATE OF WASHINGTON CITY OF BREMERTON
DEPARTMENT OF ECOLOGY
MEGAN WHITE, P.E. DATE LYNN HORTON DATE
PROGRAM MANAGER MAYOR
WATER QUALITY PROGRAM
APPROVED AS TO FORM ONLY
ASSISTANT ATTORNEY GENERAL
(3/23/00)
Page 14 of 14 ~
City of Brelnerton
Bremerton CSO Reduction Plan Update Project
Loan No.
ATTACHMENT 1
DOCUMENTS INCORPORATED
BY ATTACHMENT OR BY REFERENCE
Each of the following documents is incorporated by attachment or by reference and shall have the same
force and effect as if contained in the AGREEMENT:
A. By Attachment:
· ATTACHMENT 1: DOCUMENTS INCORPORATED
BY ATTACHMENT OR BY REFERENCE
· ATTACHMENT 2: AGREEMENT DEFINITIONS
· ATTACHMENT 3: AUTHORIZING ORDINANCE OR RESOLUTION
· ATTACHMENT 4: OPINION OF RECIPIENT'S LEGAL COUNSEL
· ATTACHMENT 5: SCOPE OF WORK
· ATTACHMENT 6: SPECIAL TERMS AND CONDITIONS
· ATTACHMENT 7: LOAN GENERAL TERMS AND CONDITIONS
· ATTACHMENT 8: LOAN REPAYMENT SCHEDULE
B. By Reference:
· The DEPARTMENT'S WATER QUALITY PROGRAMS FINANCIAL ASSISTANCE FOR FISCAL
YEAR 2000---VOLUME ONE: GUIDELINES and VOLUME TWO: APPENDICES (December 1998)
(hereinafter, "GUIDELINES")
· The DEPARTMENT's Administrative Requirements for Ecology Grants and Loans (July
1995) (hereinafter, "ADMINISTRATIVE REQUIREMENTS")
· If and when executed by the RECIPIENT and the DEPARTMENT, each Loan Agreement
Amendment
ATTACHMENT 1 --Page 1 of 1 ~
~City of Bremerton
Bremerton CSO Reduction Plan Update Project
Loan No.
ATTACHMENT 2
AGREEMENT DEFINITIONS
Unless otherwise provided, the following terms shall have the respective meanings for all purposes of
this AGREEMENT:
"ADMINISTRATIVE REQUIREMENTS" means the DEPARTMENT's ADMINISTRATIVE REQUIREMENTS
FOR ECOLOGY GRANTS AND LO^NS (July 1995).
"Annual Debt Service" for any calendar year means, for any applicable bonds or loans including the
LOAN, all interest plus all principal due on such bonds or loans in such year.
"Average Annual Debt Service" means, at the time of calculation, the sum of the Annual Debt
Service for the remaining years of the LOAN to the last scheduled maturity of the LOAN divided by
the number of those years.
"Centennial Clean Water Fund (Centennial)" means, a portion of fund 139 of the Water Quality
Account administered by the DEPARTMENT.
"Coverage Requirement" means annual Net Revenue which, after the payment of Senior Lien
Obligations and together with ULID Assessments (if applicable), is at least equal to 120% of Annual
Debt Service on the LOAN and any other obligations on a parity therewith.
"Defease" or "Defeasance" means the setting aside in escrow or other special fund or account of
sufficient investments and money dedicated to pay all principal of and interest on all or a portion of an
obligation as it comes due.
"DEPARTMENT" means the state of Washington, Department of Ecology, or any successor agency
or department.
"Estimated LOAN Amount" means the initial anmunt of funds loaned to the RECIPIENT.
"Final LOAN Amount" means all principal of and interest on the LOAN from the PROJECT Start
Date through the PROJECT Completion Date.
"General Obligation Debt" means an obligation of the RECIPIENT secured by annual ad valorem
taxes levied by the RECIPIENT and by the full faith, credit, and resources of the RECIPIENT.
"Gross Revenue" means all of the earnings and revenues received by the RECIPIENT from the
maintenance and operation of the Utility and all earnings from the investment of money on deposit in
the Loan Fund, except (i) ULID Assessments, (ii) govemment grants, (iii) RECIPIENT taxes, (iv)
principal proceeds of bonds and other obligations, or (v) earnings or proceeds (A) from any
investments in a trust, Defeasance, or escrow fund created to Defease or refund Utility obligations or
(B) in an obligation redemption fund or account other than the Loan Fund until commingled with other
ATTACHMENT 2 --Page 1 of 4
City of Bremerton
Bremerton CSO Reduction Plan Update Project
Loan No.
earnings and revenues of the Utility or (C) held in a special account for the purpose of paying a rebate
to the United States Government under the Internal Revenue Code.
"GUIDELINES" means the DEPARTMENT'S WATER QUALITY PROGRAMS FINANCIAL ASSISTANCE
FOR FISCAL YEAR 2000 VOLUME ONE: GUIDELINES and VOLUME TWO: APPENDICES (December
1998).
"Initiation of Operation" is the actual date the Water Pollution Control Facilities financed with
proceeds of the LOAN begin to operate for their intended purpose. This date may occur prior to final
inspection and will be determined by the DEPARTMENT after consultation with the RECIPIENT.
This date may be the same, or earlier, than the PROJECT Completion Date. For those projects where
Initiation of Operation is not applicable, use the PROJECT Completion Date.
"LOAN" means the Washington State Water Pollution Control Revolving Fund (SRF) Loan or
Centennial Clean Water Fund (Centennial) Loan made pursuant to this AGREEMENT.
"LOAN Amount" means either an Estimated LOAN Amount or a Final LOAN Amount, as
applicable.
"LOAN Fund" means the special fund of that name created by ordinance or resolution of the
RECIPIENT for the repayment of the principal of' and interest on the LOAN.
"Maintenance and Operation Expense" means all reasonable expenses incurred by the RECIPIENT
in causing the Utility to be operated and maintained in good repair, working order, and condition
including payments to other parties for the transmission, treatment, or disposal of sewage, but shall not
include any depreciation or RECIPIENT-levied taxes or payments to the RECIPIENT in lieu of taxes.
"Net Revenue" means the Gross Revenue less the Maintenance and Operation Expense.
"Principal and Interest Account" means, for a LOAN that constitutes Revenue-Secured Debt, the
account of that name created in the Loan Fund to be first used to repay the principal of and interest on
the LOAN.
"PROJECT" means the PROJECT described in this AGREEMENT.
"PROJECT Completion Date" is the date specified in the AGREEMENT as that on which the Scope
of Work will be fully completed and the date the PROJECT will end. The PROJECT Completion Date
may be changed to an earlier or later date by an amendment to the AGREEMENT.
"PROJECT Schedule" is that schedule for the PROJECT specified in the AGREEMENT.
"Reserve Account" means, for a LOAN that constitutes Revenue-Secured Debt, the account of that
name created in the Loan Fund to secure the payment of the principal of and interest on the LOAN.
"Revenue-Secured Debt" means an obligation of the RECIPIENT secured by a pledge of the revenue
of a utility and one not a general obligation of the RECIPIENT.
ATTACHMENT 2 -- Page 2 of 4
City of Bremerton
Bremerton CSO Reduction Plan Update Project
Loan No.
"Scope of Work" means the tasks and activities constituting the PROJECT and contained in
ATTACHMENT 5, "SCOPE OF WORK," hereto.
"Senior Lien Obligations" means all revenue bonds and other obligations of the RECIPIENT
outstanding on the date of execution of this AGREEMENT (or subsequently issued on a parity
therewith, including refunding obligations) or issued after the date of execution of this AGREEMENT
having a claim or lien on the Gross Revenue of the Utility prior and superior to the claim or lien of the
LOAN, subject only to Maintenance and Operation Expense.
"State Water Pollution Control Revolving Fund (SRF)" means the water pollution control
revolving fund established by RCW 90.50A.020.
"Termination Date" means the effective date of the DEPARTMENT's termination of the
AGREEMENT.
"Termination Payment Date" means the date on which the RECIPIENT is required to repay to the
DEPARTMENT any outstanding balance of the LOAN and all accrued interest.
"Total Eligible PROJECT Cost" means the sum of all costs associated with a water quality project
that have been determined to be eligible for DEPARTMENT grant or loan funding.
"Total PROJECT Cost" means the sum of all costs associated with a water quality project, including
costs that are not eligible for DEPARTMENT grant or loan funding.
"ULID" means any utility local improvement district of the RECIPIENT created for the acquisition or
construction of additions to and extensions and betterments of the Utility. "The ULID" means the
utility local improvement district of the RECIPIENT, if any, the improvements to which constitute all
or part of the PROJECT.
"ULID Assessments" means all assessments levied and collected in any ULID. Such assessments are
pledged to be paid into the Loan Fund (less any prepaid assessments permitted by law to be paid into a
construction fund or account). ULID Assessments shall include principal installments thereof and any
interest or penalties which may be due thereon.
"Utility" means either the water system, the sewer system (which may include a storm sewer or
surface water system) or the combined water and sewer system of the RECIPIENT, the Net Revenue of
which are pledged to pay and secure the LOAN.
"Water Pollution Control Activities" means actions to achieve the following purposes:
1. To control nonpoint sources of water pollution;
2. To develop and implement a comprehensive conservation and management plan for estuaries;
and
3. To maintain, improve, or protect water quality through the use of Water Pollution Control
Facilities, management programs, or other means.
ATTACHMENT 2 -- Page 3 of 4
~City of Bremerton
Bremerton CSO Reduction Plan Update Project
Loan No.
"Water Pollution Control Facilities" means any facilities or systems for the control, collection,
storage, treatment, disposal, or recycling of wastewater. Wastewater includes, but is not limited to,
sanitary sewage, storm water, combined sewer overflows, residential, commercial, industrial, and
agricultural wastes which are causing water quality degradation due to concentrations of conventional,
nonconventional, or toxic pollutants. Water Pollution Control Facilities include all equipment,
utilities, structures, real property integral to the treatment process, and interests in and improvements
on real property necessary for or incidental to such purpose. Water Pollution Control Facilities also
include facilities, equipment, and collection systems as are necessary to protect federally designated
sole source aquifers.
(7/28/99)
ATTACHMENT 2 -- Page 4 of 4
City of Bremerton
Bremerton CSO Reduction Plan Update Project
Loan No.
ATTACHMENT 3
AUTHORIZING ORDINANCE OR RESOLUTION
ATTACHMENT 3 -- Page 1 of
City of Bremerton
Bremerton CSO Reduction Plan Update Project
Loan No.
ATTACHMENT 4
OPINION OF RECIPIENT'S LEGAL COUNSEL
I am an attorney at law admitted to practice in the state of Washington and the duly appointed
attorney of the city of Bremerton (the "RECIPIENT"); and I have examined any and all documents and
records pertinent to the AGREEMENT.
Based on the foregoing, it is my opinion that:
A. The RECIPIENT is a duly organized and legally existing municipal corporation or political
subdivision under the laws of the state of Washington or a federally recognized Indian tribe;
B. The RECIPIENT has the power and authority to execute and deliver, and to perform its
obligations under, the AGREEMENT;
C. The AGREEMENT has been duly authorized and executed by RECIPIENT's authorized
representatives and, to my best knowledge and after reasonable investigation, all other necessary
actions have been taken to make the AGREEMENT valid, binding, and enforceable against the
RECIPIENT in accordance with its terms, except as such enforcement is affected by bankruptcy,
insolvency, moratorium, or other laws affecting creditors' rights and principles of equity if equitable
remedies are sought;
D. To my best knowledge and after reasonable investigation, the AGREEMENT does not
violate any other agreement, statute, court order, or law to which the RECIPIENT is a party or by
which it or its properties is bound; and
E. There is currently no litigation seeking to enjoin the commencement or completion of the
PROJECT or to enjoin the RECIPIENT from entering into the AGREEMENT or from accepting or
repaying the LOAN. The RECIPIENT is not a party to litigation which will materially affect its ability
to repay such loan on the terms contained in the AGREEMENT.
F. The AGREEMENT constitutes a valid obligation of the RECIPIENT payable from the Net
Revenues of the Utility.
Capitalized terms used herein shall have the meanings ascribed thereto in the AGREEMENT
between the RECIPIENT and the DEPARTMENT.
RECIPIENT's Legal Counsel Date
ATTACHMENT 4 -- Page 1 of 1
q[
· City of Bremerton
Bremerton CSO Reduction Plan Update Project
Loan No.
ATTACHMENT 5
SCOPE OF WORK
A. Certifications
The RECIPIENT certifies by signing this AGREEMENT that all negotiated interlocal agreements
necessary for the PROJECT are, or will be, consistent with the terms of this AGREEMENT and
Chapter 39.34 RCW, "Interlocal Cooperation Act." The RECIPIENT shall submit a copy of each
interlocal agreement necessary for the PROJECT to the DEPARTMENT.
The RECIPIENT certifies by signing this AGREEMENT that the requirements of Chapter 39.80 RCW,
"Contracts for Architectural and Engineering Services," have been met in procuring qualified
architectural/engineering services. The RECIPIENT shall identify and separate eligible and ineligible
costs in the final negotiated agreement and submit a copy of the agreement to the DEPARTMENT.
B. Reports~ Documents
1. Reports and Invoices. Thc RECIPIENT shall report in writing to the DEPARTMENT any
problems, delays or adverse conditions, which will materially affect its ability to meet PROJECT
objectives or time schedules. This disclosure shall be accompanied by a statement of the action taken
or proposed and any assistance needed from thc DEPARTMENT to resolve the situation.
The following reports, in at least the minimum indicated numbers, should be provided:
· Draft CSO Reduction Plan Update - 1 copy
· Final CSO Reduction Plan Update - 2 copies
The RECIPIENT shall submit all payment requests to the Financial Manager of the DEPARTMENT.
2. Other Documents; Correspondence. The RECIPIENT shall submit two (2) copies of any
documents which require DEPARTMENT approval. Once approval is given, one (1) copy will be
returned to the RECIPIENT. If the RECIPIENT needs more than one (1) approved copy, the number
of submittals should be adjusted accordingly.
Document submittals and all other correspondence should be addressed to the Project Manager.
C. Project Tasks
The task numbers identified below are consistent with the task elements identified in Section IV.C,
Project Budget. Project Tasks are as follows:
Task 1 Project Administration, RECIPIENT Oversight and QA/QC. This task includes
administration of the overall project as well as all consultant contracts. Administration generally
includes accounting, scheduling, invoice preparation, contract coordination, coordination meetings, etc.
ATTACHMENT 5 -Page 1 of 2
City of Bremerton
-Bremerton CSO Reduction Plan Update Project
Loan No.
This task additionally includes RECIPIENT review and oversight of all phases of the work as well as
quality assurance and quality control (QA/QC.)
Task 2 - Inflow and Infiltration Study. The inflow and infiltration (I/I) study includes smoke and dye
testing and television inspection of RECIPIENT sewers to identify potential sources of I/I along with
evaluation to identify methods of removal.
Task 3 - Utility Map Update. This task includes updating the RECIPIENT's storm and sanitary utility
maps with information obtained in Task 2, then converting the system maps to CAD. It also includes
development of Facility Maps to document utility locations at various City Facilities.
Task 4 - Hydra Model Development. This task is development of a Hydra Version 6.0 hydrologic and
conveyance system model of the RECIPIENT's sanitary and combined sewer collection system.
Task 5 - Inverted Siphon Evaluation. The inverted siphon evaluation includes investigation of the two
inverted siphons that convey sewage from East Bremerton to pump station CE-l, along with
investigation of the condition of existing CSO outfalls.
Task 6 - Assess and Select CSO Reduction Alternatives. This task includes evaluation of the overall
sewer conveyance system of the RECIPIENT to identify available existing hydraulic capacity, and
potential improvements. This task further includes evaluation and selection of the recommended
alternatives for CSO reduction in each basin.
Task 7 - Develop Facility Plan(s). The City will develop a CSO plan update and incorporate into this
plan the facilities plans for the basins that are scheduled for CSO reduction projects in the years 2000
and beyond. These basins are identified as Stevens Canyon, Cherry Avenue, East Park, Tracyton
Beach, Trenton Avenue, and Pacific Avenue Basins. The facilities plans shall meet the requirements
of Chapter 173-240 WAC, "Submission of Plans and Reports for Construction of Wastewater
Facilities" and the facility planning requirements of"Title 40 Code of Federal Regulations."
(9/22/99)
ATTACHMENT 5 - Page 2 of 2
.City of Bremerton
Bremerton CSO Reduction Plan Update Project
Loan No.
ATTACHMENT 6
SPECIAL TERMS AND CONDITIONS
A. Minority and Women's Business Participation. Thc RECIPIENT agrees to solicit and recruit, to
the maximum extent possible, certified minority-owned (MBE) and women-owned (W'BE)
businesses in purchases and contracts initiated after the effective date of this Agreement.
In the absence of more stringent goals established by the RECIPIENT's jurisdiction, the
RECIPIENT agrees to utilize the DEPARTMENT'S goals for minority- and women-owned
business participation in all bid packages, request for proposals, and purchase orders. These
goals are expressed as a percentage of the total dollars available for the purchase or contract and
are as follows:
Construction/Public Works 10% MBE 6% WBE
Architecture/Engineering 10% MBE 6% WBE
Purchased Goods 8% MBE 4% WBE
Purchased Services 10% MBE 4% WBE
Professional Services 10% MBE 4% WBE
Meeting these goals is voluntary and no contract award or rejection shall be made based on
achievement or non-achievement of the goals. Achievement of the goals is encouraged,
however, and the RECIPIENT and ALL prospective bidders or persons submitting
qualifications shall take the following affirmative steps in any procurement initiated after the
effective date of this Agreement:
1. Include qualified minority and women's businesses on solicitation lists.
2. Assure that qualified minority and women's businesses are solicited whenever they are
potential sources of services or supplies.
3. Divide the total requirements, when economically feasible, into smaller tasks or quantities,
to permit maximum participation by qualified minority and women's businesses.
4. Establish delivery schedules, where work requirements permit, which will encourage
participation of qualified minority and women's businesses.
5. Use the services and assistance of the State Office of Minority and Women's Business
Enterprises (OMWBE) and the Office of Minority Business Enterprises of the U.S.
Department of Commerce, as appropriate.
By signing this Agreement, the RECIPIENT certifies that the above steps were, or will be
followed. Any contractor engaged by the RECIPIENT under this agreement shall be required
to follow the above five affirmative steps in the award of any subcontract(s).
The RECIPIENT shall report to the DEPARTMENT at the time of submitting each invoice, on
forms provided by the DEPARTMENT, payments made to qualified firms. The report will
address:
ATTACHMENT 6 - Page 1 of
City of Bremerton
Bremerton CSO Reduction Plan Update Project
Loan No.
1. Name and state OMWBE certification number of any qualified firm receiving funds under
the voucher, including any sub-and/or sub-subcontractors.
2. The total dollar amount paid to qualified firms under this invoice.
B. Sewer-Use Ordinance or Resolution. If not already in existence, the RECIPIENT shall adopt
and shall enforce a sewer-use ordinance or resolution to require that all new sewers and
connections are designed and constructed in accordance with applicable state and local
standards. Such ordinance or resolution shall be submitted to the DEPARTMENT for review
and approval before construction of the PROJECT is 80 percent complete.
C. User-Charge System. The RECIPIENT certifies that it has thc legal authority to establish and
implement a sewer-user charge system and shall adopt a system of sewer-user charges to assure
that each recipient of waste treatment service will pay its proportionate share of the cost of
operation and maintenance, including replacement of the sewerage facilities during the design
life of the PROJECT.
D. Accounting Standards. The RECIPIENT shall maintain accurate records and accounts for the
PROJECT ("PROJECT Records") in accordance with generally accepted government
accounting standards including those contained in the STaNDaRDS FOR AUDIT OF
GOVERNMENTAL ORGANIZATIONS, PROGRAMS, ACTIVITIES, AND FLrNCTIONS promulgated by
the U.S. General Accounting Office.
These PROJECT Records shall be separate and distinct from the RECIPIENT's other records
and accounts (General Accounts). Eligible costs shall be audited annually by an independent,
certified accountant and/or state auditor, which may be part of the annual audit of the General
Accounts of the RECIPIENT. If the annual audit includes an auditing of this PROJECT, a
copy of such audit, including all written comments, recommendations and findings, shall be
furnished to the DEPARTMENT within thirty (30) days after receipt of the final audit report.
E. Prevailing Wage. The RECIPIENT shall require all contractors and subcontractors on the
Project to pay wages at rates not less than those prevailing for the same type of work on similar
construction in the immediate locality, in compliance with state prevailing wage rate
requirements, Chapter 39.12 RCW Prevailing Wages on Public Works. To obtain the state
prevailing wage rates, contact the Washington State Department of Labor and Industries.
F. Procurement. The RECIPIENT is responsible for procuring professional, personal, and other
services using sound business judgment and good administrative procedures. This includes
issuance of invitation of bids, requests for proposals, selection of contractors, award of
subagreements and other related procurement matters. The RECIPIENT shall follow State
procurement laws.
G. Public Awareness. All public awareness notices, signs, or announcements related to the
PROJECT financed in whole or in part by LOAN funds should inform the public of the
involvement of the federal government.
H. Small Business in Rural Areas ("SBRAs"). If a contract is awarded by the RECIPIENT under
ATTACHMENT 6 - Page 2 of
City of Bremerton
Bremerton CSO Reduction Plan Update Project
Loan No.
this AGREEMENT, the RECIPIENT is also required to utilize the following affirmative steps:
1. Place SBRAs on solicitation lists;
2. Make sure the SBRAs are solicited whenever there are potential sources;
3. Divide total requirements, when economically feasible, into small tasks or quantities to
permit maximum participation by SBRAs;
4. Establish delivery schedules, where requirements of work will permit, which could
encourage participation by SBRAs;
5. Use the services of the Small Business Administration and the Minority Business
Development Agency of the U.S. Department of Commerce, as appropriate; and
6. Require the contractor to comply with the affirmative steps outlined above.
The negotiated "Fair Share Percentage" for the SBRAs is one-half of one percent (0.5%).
There is no formal reporting requirement for SBRAs at this time; however, it is highly
recommended that the RECIPIENT keep records of SBRA participation.
I. Growth Management Planning. The RECIPIENT certifies by signing this AGREEMENT for a
Water Pollution Control Facilities project that it has adopted a comprehensive plan that conforms
with the requirements of Chapter 36.70A RCW, "Growth Management--Planning by Selected
Counties and Cities," and the RECIPIENT has adopted development regulations in conformance
with the requirements of Chapter 36.70A RCW. If the status of compliance changes, either
through RECIPIENT or legislative action, the RECIPIENT shall notify the DEPARTMENT in
writing of this change within thirty (30) days.
(3/23/00)
ATTACHMENT 6 - Page 3 of__
City of Bremerton
Bremerton CSO Reduction Plan Update Project
Loan No.
ATTACHMENT 7
LOAN GENERAL TERMS AND CONDITIONS
A. RECIPIENT PERFORMANCE
All activities £or which loan funds are to be used shall be accomplished by the RECIPIENT and
RECIPIENT's employees. The RECIPIENT shall not assign or subcontract performance to others
unless specifically authorized in writing by the DEPARTMENT.
B. CONTRACTOR COMPLIANCE
The RECIPIENT must ensure that all contractors comply with the terms and conditions of this
AGREEMENT.
C. THIRD PARTY BENEFICIARY
The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this
AGREEMENT, the state of Washington is named as an express third-party beneficiary of such
subcontracts with full rights as such.
D. CONTRACTING FOR SERVICES (BIDDING}
Contracts for construction, purchase of equipment and professional architectural and engineering
services shall be awarded through a competitive process, if required by State law. The RECIPIENT
shall retain copies of all bids received and contracts awarded, for inspection and use by the
DEPARTMENT.
E. ASSIGNMENTS
No right or claim of the RECIPIENT arising under this AGREEMENT shall be transferred or assigned
by the RECIPIENT.
F. COMPLIANCE WITH ALL LAWS
1. Compliance; Approvals and Permits. The RECIPIENT shall comply fully with all
applicable federal, state, and local laws, orders, regulations and permits.
Prior to commencement of any construction, the RECIPIENT shall secure the necessary approvals and
permits required by authorities having jurisdiction over the PROJECT, provide assurance to the
DEPARTMENT that all approvals and permits have been secured, and make copies available to the
DEPARTMENT upon request.
2. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by all federal
and state laws, regulations, and policies against discrimination. The RECIPIENT further agrees to
ATTACHMENT 7 --Page 1 of 6
~City of Bremerton
Bremerton CSO Reduction Plan Update Project
Loan No.
affirmatively support the program of the Office of Minority and Women's Business Enterprises to the
maximum extent possible. The RECIPIENT shall report to the DEPARTMENT the percent of loan
funds available to women- or minority-owned businesses.
3. Wages and Job Safety. The RECIPIENT agrees to comply with all applicable laws,
regulations, and policies of the United States and the state of Washington which affect wages and job
safety.
4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state
industrial insurance requirements. If the RECIPIENT fails to comply with such laws, the
DEPARTMENT shall reserve the fight to immediately terminate this AGREEMENT for cause as
provided in Section VIII hereof.
G. KICKBACKS
The RECIPIENT is prohibited from inducing by any means any person employed or otherwise
involved in the PROJECT to give up any part of the compensation to which he/she is otherwise entitled
or receive any fee, commission or gif~ in return for award of a subcontract hereunder.
H. AUDITS AND INSPECTIONS
1. The RECIPIENT shall maintain complete project and financial records relating to this
AGREEMENT. Such records shall clearly indicate total receipts and expenditures by fund source and
task or object. All loan records shall be kept in a manner which provides an audit trail for all
expenditures. All records shall be kept in a common file to facilitate audits and inspections.
Engineering documentation and field inspection reports of all construction work accomplished under
this AGREEMENT shall be maintained by the RECIPIENT.
2. All loan records shall be open for audit or inspection by the DEPARTMENT or by any duly
authorized audit representative of the state of Washington for a period of at least three (3) years after
the final loan repayment or any dispute resolution hereunder. If any such audits identify discrepancies
in the financial records, the RECIPIENT shall provide clarification and/or make adjustments
accordingly.
3. All work performed under this AGREEMENT and any equipment purchased shall be made
available to the DEPARTMENT and to any authorized state, federal or local representative for
inspection at any time during the course of this AGREEMENT and for at least three (3) years
following final loan repayment or dispute resolution hereunder.
4. The RECIPIENT shall meet the provisions contained in OMB Circular A-133 (AUDITS OF
STATES, LOCAL GOVERNMENTS AND OTHER NONPROFIT ORGANIZATIONS) or OMB Circular A-Il0
(UNIFORM REQUIREMENTS FOR GRANTS TO UNIVERSITIES, HOSPITALS AND OTHER NON-PROFIT
ORGANIZATIONS) if the RECIPIENT receives federal funds in excess of $300,000. The RECIPIENT
must forward to the DEPARTMENT a copy of the State Auditor's audit, or other independent audit
report, along with the RECIPIENT's response and the final corrective action plan as approved by the
ATTACHMENT 7 -- Page 2 of 6
City of Bremerton
Bremerton CSO Reduction Ftan Update Project
Loan No.
State Auditor's Office, within ninety (90) days of the date of the audit report.
I. WAIVER
Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a breach of
any provisions of this AGREEMENT is not a waiver of any subsequent breach and will not be
construed as a modification of the terms of this AGREEMENT unless stated as such in writing by an
authorized representative of the DEPARTMENT.
J. PROPERTY RIGHTS
1. Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or
invents any patentable property, the RECIPIENT may copyright or patent the same but the
DEPARTMENT retains a royalty-free, nonexclusive and irrevocable license to reproduce, publish,
recover, or otherwise use the materials or property and to authorize others to use the same for federal,
state or local government purposes.
Where federal funding is involved, the federal government may have a proprietary interest in patent
rights to any inventions developed by the RECIPIENT as provided in 35 U.S.C. §§ 200-212.
2. Publicati0ns. When the RECIPIENT or persons employed by the RECIPIENT use or
publish information of the DEPARTMENT; present papers, lectures, or seminars involving
information supplied by the DEPARTMENT; use logos, reports, maps or other data in printed repons,
signs, brochures, pamphlets, etc., appropriate credit shall be given to the DEPARTMENT.
3. Tangible Property Rights. The DEPARTMENT's ADMINISTRATIVE REQUIREMENTS,
PART IV, shall control the use and disposition of all real and personal property purchased wholly or in
part with funds furnished by the DEPARTMENT in the absence of state or federal statutes, regulations
or policies to the contrary or upon specific instructions with respect thereto in ATTACHMENT 5,
"SCOPE OF WORK."
4. Personal Property_ Furnished by the DEPARTMENT. When the DEPARTMENT provides
personal property directly to the RECIPIENT for use in performance of the PROJECT, it shall be
returned to the DEPARTMENT prior to final payment by the DEPARTMENT. If said property is lost,
stolen or damaged while in the RECIPIENT's possession, the DEPARTMENT shall be reimbursed in
cash or by setoffby the RECIPIENT for the fair market value of such property.
5. Acquisition Projects. The following provisions shall apply if the PROJECT covered by this
AGREEMENT includes funds for the acquisition of land or facilities:
a. Prior to payment of funds provided for in this AGREEMENT, the
RECIPIENT shall establish that the cost of land or facilities is fair and reasonable.
b. The RECIPIENT shall provide satisfactory evidence of title or ability to
acquire title for each parcel prior to payment of funds provided by this AGREEMENT.
Such evidence may include title insurance policies, Torrens certificates, or abstracts,
ATTACHMENT 7 -- Page 3 of 6
City of Bremerton
Bremerton CSO Reduction Plan Update Project
Loan No.
and attorneys' opinions establishing that the land is free from any impediment, lien, or
claim which would impair the uses contemplated by this AGREEMENT.
6. Conversions. Regardless of the expiration date of this AGREEMENT as provided in
Section III hereof, the RECIPIENT shall not at any time convert any equipment, property, or facility
acquired or developed pursuant to this AGREEMENT to uses other than those for which assistance
was originally approved without prior written approval of the DEPARTMENT
K. RECYCLED/RECYCLABLE PAPER
All documents and materials published under this AGREEMENT shall be produced on recycled paper
containing the highest level of post-consumer and recycled content that is available. At a minimum,
paper with 10 percent post-consumer content and 50 percent recycled content shall be used. Whenever
possible, all materials shall be published on paper that is unbleached or has not been treated with
chlorine gas and/or hypochlorite.
As appropriate, all materials shall be published on both sides of the paper and shall minimize the use of
glossy or colored paper and other items which reduce the recyclability of the document.
L. PROJECT APPROVAL
The extent and character of all work and services to be performed under this AGREEMENT by the
RECIPIENT shall be subject to the review and approval of the DEPARTMENT through the Project
Manager or other designated official to whom the RECIPIENT shall report and be responsible. In the
event there is a dispute with regard to the extent and character of the work to be done, the
determination of the Project Manager or other designated official as to the extent and character of the
work to be done shall govern. The RECIPIENT shall have the right to appeal decisions as provided for
below.
M. DISPUTES
Except as otherwise provided in this AGREEMENT, any dispute concerning a question of fact arising
under this AGREEMENT which is not disposed of in writing shall be decided by the Project Manager
or other designated official who shall provide a written statement of decision to the RECIPIENT. The
decision of the Project Manager or other designated official shall be final and conclusive unless, within
thirty (30) days from the date of receipt of such statement, the RECIPIENT mails or otherwise
furnishes to the Director of the DEPARTMENT a written appeal.
In connection with appeal of any proceeding under this clause, the RECIPIENT shall have the
opportunity to be heard and to offer evidence in support of its appeal. The decision of the Director or
duly authorized representative for the determination of such appeals shall be final and conclusive.
Appeals from the Director's determination shall be brought in the Superior Court of Thurston County.
Review of the decision of the Director will not be sought before either the Pollution Control Heatings
Board or the Shoreline Heatings Board. Pending final decision of any dispute hereunder, the
RECIPIENT shall proceed diligently with the performance of this AGREEMENT and in accordance
with the decision rendered.
ATTACHMENT 7 -- Page 4 of 6
City of Bremerton
Bremerton CSO Reduction Plan Update Project
Loan No.
N. CONFLICT OF INTEREST
No officer, member, agent, or employee of either party to this AGREEMENT who exercises any
function or responsibility in the review, approval or carrying out of this AGREEMENT shall
participate in any decision which affects his/her personal interest or the interest of any corporation,
partnership or association in which he/she is, directly or indirectly, interested; nor shall he/she have
any personal or pecuniary interest, direct or indirect, in this AGREEMENT or the proceeds thereof.
O. INDEMNIFICATION
1. The DEPARTMENT shall in no way be held responsible for payment of salaries,
consultants' fees, or other costs related to the PROJECT described herein, except as provided in
ATTACHMENT 5, "SCOPE OF WORK."
2. To the extent that the Constitution and laws of the state of Washington permit, each party
shall indemnify and hold the other harmless from and against any liability for any or all injuries to
persons or property arising from the negligent act or omission of that party or that party's agents or
employees arising out of this AGREEMENT.
P. GOVERNING LAW
This AGREEMENT shall be governed by the laws of the state of Washington.
Q. 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.
R. TIME OF THE ESSENCE
Time shall be of the essence of this AGREEMENT.
S. TABLE OF CONTENTS; HEADINGS
The Table of Contents and headings of this AGREEMENT are inserted for convenience only and shall
not in any way affect the meaning or construction of any provision of this AGREEMENT.
T. COUNTERPARTS
This AGREEMENT may be executed in counterparts and each such counterpart shall for all purposes
be deemed to be an original. All such counterparts shall together constitute but one and the same
instrument.
ATTACHMENT 7- Page 5 of 6
City of Bremerton
Bremerton CSO Reduction Plan Update Project
Loan No.
U. ENTIRE AGREEMENT
This AGREEMENT, including the attached and referenced documents incorporated pursuant to
ATTACHMENT 1 hereto, contains the entire understanding between the RECIPIENT and the
DEPARTMENT, and there are no other understandings or representations other than those set forth or
incorporated herein.
V. PRECEDENCE
In the event of inconsistency in this AGREEMENT, unless otherwise provided herein, the
inconsistency shall be resolved by giving precedence in the following order: (a) applicable federal and
state statutes and regulations; (b) ATTACHMENT 5, "SCOPE OF WORK;" (c) ATTACHMENT 6,
"SPECIAL TERMS AND CONDITIONS;" (d) any terms incorporated herein by reference, including
the ADMINISTRATIVE REQUIREMENTS; and (e) this ATTACHMENT 7, "LOAN GENERAL TERMS
AND CONDITIONS."
(9/23/98)
ATTACHMENT 7 -- Page 6 of 6
City of Bremerton
Bremerton CSO Reduction Plan Update Project
Loan No.
ATTACHMENT 8
LOAN REPAYMENT SCHEDULE
ATTACHMENT 8 -- Page 1 of
CENTENNIAL CLEAN WATER FUND
GRANT AGREEMENT
BETWEEN THE
STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
THE CITY OF BREMERTON
THIS is a binding agreement entered into, by, and between the
state of Washington, Department of Ecology, hereinafter referred
to as the "DEPARTMENT" and the City of Bremerton, hereinafter
referred to as the "RECIPIENT." The purpose of this agreement is
to provide funds to the RECIPIENT to carry out the activities
described herein.
PART I. GENERAL INFORMATION ~
Project Title: Bremerton CSO Reduction Plan Update
Grant Number: FP00098
RECIPIENT Name and Address: City of Bremerton
239 - 4th Street
Bremerton, WA 98337
RECIPIENT Contact Randy Witt
and Telephone Number: (360) 478-5348
RECIPIENT Federal ID Number: 91-6001231
DEPARTMENT Address: Water Quality Program
Department of Ecology
Washington State
P.O. Box 47600
Olympia, WA 98504-7600
DEPARTMENT Project Manager: Mike Dawda
Telephone Number: (425) 649-7027
Fax Number: (425) 649-7098
E-Mail Address: mdaw461@ecy.wa.gov
DEPARTMENT Financial Manager: Karen M. Beatty-Lee
Telephone Number: (360) 407-6549
Fax Number: (360) 407-6426
E-Mail Address: kbea461@ecy.wa.gov
DEPARTMENT Funding Source: Centennial Clean Water Fund
City of Bremerton
Bremerton CSO Reduction Plan Update
Grant No. ~
Total Cost $500,000
Total Grant Eligible Cost $451,000
Maximum Grant Eligible Cost $255,000
DEPARTMENT Share $191,250
RECIPIENT Share $ 63,750
DEPARTMENT Maximum Percentage: 75 percent
The effective date of this grant agreement shall be the date this
agreement is signed by the DEPARTMENT's Water Quality Program
Manager. Prior authorization has been granted by the DEPARTMENT
for eligible work commencing on August 18, 1999 (the ~prior
authorization date"). Any wobk performed prior to the prior
authorization date will be at the sole expense and risk of the
RECIPIENT.
This agreement shall expire no later than December 31, 2002.
PART II. PROJECT DESCRIPTION
The project consists of updating the RECIPIENT's CSO Reduction
Plan to include facilities plans for all basins that require CSO
reduction improvements. The updated plan will provide the
strategy for the RECIPIENT's continuing efforts to reduce CSO
events into Puget Sound as required by state regulations, Ecology
Consent Orders, and Court Orders.
Page 2 of 10
City of Bremerton
Bremerton CSO Reduction Plan Update
Grant No.
PART III. PROJECT BUDGET
Bremerton CSO Reduction Plan Update Project
Total CCWF MAXIMUM
Eligible Total GRANT
Project Grant ELIGIBLE
Costs Eligible COST
Project (TGEC)
TASK ELEMENTS Costs (1)
1. Project Administration, City $95,000 $95,000 49,000
Oversight and QA/QC
2. Inflow and Infiltration Study $45,000 $45,000 $45,000
3. Utility Map Update $56,000 $56,000 $56,000
4. Hydra Model Development $105,000 $105,000 $105,000
5. Inverted Siphon Evaluation $40,000 $40,000 $0
6. Assess and Select CSO $110,000 $110,000 $0
Reduction Alternatives
7. Develop Facility Plan(s) $49,000 $0 $0
Total $500,000 $451,000 $255,000
MATCHING REQUIREMENTS
DEPARTMENT Share FY 2000 (75% of TGEc) $191,250
RECIPIENT Share (25% of TGEC) $63,750
Cash $ 63,750
Notes:
(1) Ail project costs are SRF Loan Eligible. Ail project costs
are CCWF Grant Eligible with the exception of Task 7,
development of Facility Plans. Grant funds may be used to
fund any grant eligible task up to the maximum amount
identified in Part I of this agreement.
Payment
Page 3 of 10
City of Bremerton
Bremerton CSO Reduction Plan Update
Grant No. ~
Schedule: The DEPARTMENT will disburse 50 percent of the
eligible grant funds ($95,625) when this agreement
has been fully executed and upon submittal of an
A19-1A Invoice Voucher requesting the payment.
The DEPARTMENT will disburse 40 percent of the
eligible grant funds ($76,500) upon receipt of a
complete Draft CSO Plan Update.
The DEPARTMENT will disburse the remaining
eligible grant funds up to a maximum of $19,125
after a summary of final costs has been submitted
along with a final A19-1A Invoice Voucher
including vouche~ support forms B-2 and C-2 and
any other applicable forms (Forms D-J) necessary
to detail eligible project costs. Final payment
shall be based upon the actual work performed and
actual eligible costs incurred.
PART IV. SCOPE OF WORK
The RECIPIENT shall ensure that this project is completed
according to the details of this agreement. The RECIPIENT may
elect to use its own forces to perform and complete project
related work.
Property and services donated by organizations or individuals to
accomplish grant requirements may be credited to the project if
in-kind match is specified in the project budget. Donated
property and services must comply with the DEPARTMENT's current
edition of Administrative Requirements for Ecoloc¥ Grants and
Loans, Publication No. 95-701, and the Water Quality Program
Financial Assistance For Fiscal Year 2000 - Guidelines and
Appendices, December 1998. Documentation is required for all
donated property and services.
The RECIPIENT certifies by signing this agreement that all
negotiated interlocal agreements necessary for the project are,
or will be, consistent with the terms of this grant agreement and
Chapter 39.34 RCW Interlocal CooDeration Act. The RECIPIENT
shall submit a copy of each interlocal agreement, necessary for
this project, to the DEPARTMENT.
Page 4 of 10
City of Bremerton
Bremerton CSO Reduction Plan Update
Grant No. ~
The RECIPIENT certifies by signing this agreement that Chapter
39.80 RCW Contracts for Architectural and En~ineerinq Services
has been met in selecting qualified architectural/engineering
services. The RECIPIENT shall identify and separate eligible and
ineligible costs in the final negotiated agreement and submit a
copy of this agreement to the DEPARTMENT.
Task 1 - Project Administration/ManaGement
A. The RECIPIENT shall administer and manage the project.
Activities shall include, but not be limited to, maintenance
of project records, submittal of fiscal forms and payment
vouchers, compliance with applicable procurement and
interlocal agreement requirements, attainment of all
required permits, licenses, easements, or property rights
necessary for the project, conducting, coordinating, and
scheduling of all project activities, quality control, and
the preparation and submittal of required performance items.
B. The RECIPIENT shall ensure that every effort will be made to
maintain effective communication with the RECIPIENT's
designees, the DEPARTMENT, all affected local, state, or
federal jurisdictions, or any interested individuals or
groups. The RECIPIENT shall carry out this project in
accordance with completion dates outlined in this Agreement.
C. The following number of reports should be provided at a
minimum:
Draft CSO Reduction Plan Update - 1 copy
· Final CSO Reduction Plan Update - 2 copies
The RECIPIENT shall submit two (2) copies of any document(s)
which require DEPARTMENT approval. Once approval is given,
one (1) copy will be returned to the RECIPIENT. If the
RECIPIENT needs more than one approved copy, the number of
submittals should be adjusted accordingly.
D. The RECIPIENT shall submit all invoice requests to the
Financial Manager of the DEPARTMENT.
Invoice requests shall include a State of Washington Invoice
Voucher Form A19-1A, Form B (ECY 060-3/ECY 060-7), Form C
(ECY 060-8/ECY 060-9), Forms D (ECY 060-11), and Form G (ECY
060-14). Form E (ECY 060-12), Form F (ECY 060-13), Form H
Page 5 of 10
City of Bremerton
Bremerton CSO Reduction Plan Update
Grant No.
(F-21), and Form I (ECY 060-15) must be completed, where
eligible costs have been incurred, 'and kept in the
RECIPIENT's files. All referenced forms are found in
Administrative Requirements for Ecoloqy Grants and Loans.
All vouchers submittals shall be addressed to the Financial
Manager located at:
Karen M. Beatty-Lee, Financial Manager
Financial Management Section
Water Quality Program
Washington State Department of Ecology
P.O. Box 47600
Olympia, WA~ 98504-7600
E. All other correspondence and document submittals should be
addressed to the Project Manager located at:
Mike Dawda, Project Manager
Water Quality Program
Northwest Regional Office
Washington State Department of Ecology
3190 - 160tn Avenue SE
Bellevue, WA 98008-5452
Task 2 - Inflow and Infiltration Study
The inflow and infiltration (I/I) study includes smoke and dye
testing and television inspection of RECIPIENT sewers to identify
potential sources of I/I along with evaluation to identify
methods of removal.
Task 3 - Utility Map Update
This task includes updating the RECIPIENT's storm and sanitary
utility maps with information obtained in Task 2, then converting
the system maps to CAD.
Task 4 - Hydra Model Development
This task is development of a Hydra Version 6.0 hydrologic and
conveyance system model of the RECIPIENT's sanitary and combined
sewer collection system.
Page 6 of 10
City of Bremerton
Bre~nerton CSO Reduction Plan Update
Grant No.
Task 5 - Inverted Siphon Evaluation
The inverted siphon evaluation includes investigation of the two
inverted siphons that convey sewage from East Bremerton to pump
station CE-I, along with investigation of the condition of
existin9 CSO outfalls.
Task 6 - Assess and Select CSO Reduction Alternatives
This task includes evaluation of the overall sewer conveyance
system of the RECIPIENT to identify available existin~ hydraulic
capacity, and potential improvements. This task further includes
evaluation and selection of the recommended alternatives for CSO
reduction on each basin.
Task 7 - Facility Plan
The RECIPIENT shall develop a CSO plan update and incorporate
into this plan, the facility plan(s) for the basins that are
scheduled for CSO reduction projects in the years 2000 and beyond
(Stevens Canyon, Cherry Avenue, East Park, Tracyton Beach,
Trenton Avenue, and Pacific Avenue basins). The facility plan(s)
shall meet the requirements of Chapter 173-240 WAC, ~Submission
of Plans and Reports for Construction of Wastewater Facilities"
and the facility planning requirements of ~Title 40 Code of
Federal Regulations."
Page 7 of 10
City of Bremerton
Bre~nerton CSO Red~ction Plan Update
Grant No.
PART V. SPECIAL TERMS AND CONDITIONS
A. Minority and Women's Business Participation. The RECIPIENT
agrees to solicit and recruit, to the maximum extent
possible, certified minority-owned (MBE) and women-owned
(WBE) businesses in purchases and contracts initiated after
the effective date of this Agreement.
In the absence of more stringent goals established by the
RECIPIENT's jurisdiction, the RECIPIENT agrees to utilize
the DEPARTMENT'S goals for minority- and women-owned
business participation in all bid packages, request for
proposals, and purchase orders. These goals are expressed
as a percentage of the total dollars available for the
purchase or contract and are as follows:
Construction/Public Works 10% MBE 6% WBE
Architecture/Engineering 10% MBE 6% WBE
Purchased Goods 8% MBE 4% WBE
Purchased Services 10% MBE 4% WBE
Professional Services 10% MBE 4% WBE
Meeting these goals is voluntary and no contract award or
rejection shall be made based on achievement or non-
achievement of the goals. Achievement of the goals is
encouraged, however, and the RECIPIENT and ALL prospective
bidders or persons submitting qualifications shall take the
following affirmative steps in any procurement initiated
after the effective date of this Agreement:
1. Include qualified minority and women's businesses on
solicitation lists.
2. Assure that qualified minority and women's businesses
are solicited whenever they are potential sources of
services or supplies.
3. Divide the total requirements, when economically
feasible, into smaller tasks or quantities, to permit
maximum participation by qualified minority and women's
businesses.
4. Establish delivery schedules, where work requirements
permit, which will encourage participation of qualified
minority and women's businesses.
5. Use the services and assistance of the State Office of
Minority and Women's Business Enterprises (OMWBE) and
Page 8 of 10
City of Bremerton
Bremerton CSO Red~ction Plan Update
Grant No.
the Office of Minority Business Enterprises of the U.S.
Department of Commerce, as appropriate.
By signing this Agreement, the RECIPIENT certifies that the
above steps were, or will be followed. Any contractor
engaged by the RECIPIENT under this agreement shall be
required to follow the above five affirmative steps in the
award of any subcontract(s).
The RECIPIENT shall report to the DEPARTMENT at the time of
submitting each invoice, on forms provided by the
DEPARTMENT, payments made to qualified firms. The report
will address:
1. Name and state OMWBE certification number of any
qualified firm receiving funds under the voucher,
including any sub-and/or sub-subcontractors.
2. The total dollar amount paid to qualified firms under
this invoice.
B. Growth Management Act Compliance. The RECIPIENT certifies
by signing this agreement for a water pollution control
facilities project that it has adopted a comprehensive plan
that conforms with the requirements of chapter 36.70A RCW
Growth Manaqement - Planninq by Selected Counties and
Cities, and the RECIPIENT has adopted development
regulations in conformance with the requirements of chapter
36.70A RCW. If the status of compliance changes, either
through RECIPIENT or legislative action, the RECIPIENT shall
notify the DEPARTMENT in writing of this change within 30
days.
PART VI. ALL WRITINGS CONTAINED HEREIN
This agreement, the appended GENERAL TERMS AND CONDITIONS, the
DEPARTMENT's current edition of Administrative Requirements for
Ecology Grants and Loans, and the Water Quality Proqram Financial
Assistance For Fiscal Year 2000 Guidelines and Appendices,
December 1998 contain 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 modification(s) or amendment(s) of this agreement
shall be of any force or effect unless signed by authorized
representatives of the RECIPIENT and DEPARTMENT and made a part
Page 9 of 10
City of Bremerton
Bremerton CSO Reduction Plan Update
Grant No.
of this agreement, EXCEPT, that in response to a request from the
RECIPIENT, the DEPARTMENT may change the grant expiration date or
redistribute the grant budget. The DEPARTMENT may also change
the Project Manager or Financial Manager without the concurrence
of the RECIPIENT.
IN WITNESS WHEREOF, the parties hereby execute this Grant:
STATE OF WASHINGTON CITY OF BREMERTON
DEPARTMENT OF ECOLOGY
MEGANWHITE, P.E. DATE LYNN HORTON DATE
PROGRAM MANAGER MAYOR
WATER QUALITY PROGRAM
APPROVED AS TO FORM ONLY
ASSISTANT ATTOP_NEY GENERAL
Page 10 of 10
WASHINGTON STATE
DEPARTMENT OF
ECOLOGY
WASHINGTON STATE WATER POLLUTION CONTROL REVOLVING FUND
LOAN AGREEMENT
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
THE CITY OF BREMERTON
Project Title: Callow CSO Design - Final Priorities
Loan No.: FP00099
Loan Amount: $575,000
Interest Rate: 1.5 percent
Loan Term: 20 years
Effective:
WASHINGTON STATE WATER POLLUTION CONTROL REVOLVING FUND
LOAN AGREEMENT
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
THE CITY OF BREMERTON
Table of Contents
Page
I. THE PARTIES ................................................................................................................................. 1
A. RECIPIENT Information ........................................................................................................... 1
B. DEPARTMENT Information ..................................................................................................... 1
C. Changes to Contact Information ................................................................................................. 2
II. AUTHORITY ................................................................................................................................. 2
A. Authority of RECIPIENT ........................................................................................................... 2
B. Opinion of RECIPIENT's Legal Counsel .................................................................................. 2
III. TERM OF AGREEMENT .............................................................................................................. 2
IV. THE PROJECT ............................................................................................................................... 3
A. PROJECT Description ............................................................................................................... 3
B. Scope of Work ............................................................................................................................ 3
C. PROJECT Budget ...................................................................................................................... 3
D. Sources of Funds for the PROJECT ........................................................................................... 4
E. PROJECT Schedule ................................................................................................................... 4
V. THE LOAN ..................................................................................................................................... 4
A. Source and Availability; LOAN Amounts; LOAN Terms ......................................................... 4
B. Requests for Payment ................................................................................................................. 4
C. Sources of LOAN Repayment .................................................................................................... 5
D. Method and Conditions on Repayments .................................................................................... 6
VI. REPRESENTATIONS AND WARRANTIES ............................................................................... 7
A. Existence; Authority ................................................................................................................... 7
B. Application; Material Information ............................................................................................. 7
C. Litigation; Authority .................................................................................................................. 8
D. Not an Excess Indebtedness ....................................................................................................... 8
E. Not a General Obligation ........................................................................................................... 8
F. Due Regard ................................................................................................................................. 8
-i-
City of Bremerton
Callow CSO Design - Final Priorities Project
Loan No.
VII. COVENANTS AND AGREEMENTS ........................................................................................... 8
A. Acceptance ................................................................................................................................. 8
B. Accounts and Records ................................................................................................................ 8
C. Alteration and Eligibility of PROJECT ..................................................................................... 9
D. Pledge of Net Revenue ............................................................................................................... 9
E. Maintenance and Operation of Utility ........................................................................................ 9
F. Coverage Requirement ............................................................................................................... 9
G. Free Service ................................................................................................................................ 9
H. Reserve Requirement ................................................................................................................. 9
I. Sale or Disposition of Utility ................................................................................................... 10
J. Insurance .................................................................................................................................. 10
VIII. TERMINATION AND DEFAULT; REMEDIES ........................................................................ 10
A. Termination and Default Events ............................................................................................... 10
B. Procedures for Termination ...................................................................................................... 11
C. Termination and Default Remedies .......................................................................................... 11
IX. MODIFICATIONS TO AGREEMENT ....................................................................................... 12
X. ALL AGREEMENTS CONTAINED HEREIN ........................................................................... 13
ATTACHMENT 1. DOCUMENTS INCORPORATED BY ATTACHMENT OR BY REFERENCE
ATTACHMENT 2. AGREEMENT DEFINITIONS
ATTACHMENT 3. AUTHORIZING ORDINANCE OR RESOLUTION
ATTACHMENT 4. OPINION OF RECIPIENT'S LEGAL COUNSEL
ATTACHMENT 5. SCOPE OF WORK
ATTACHMENT 6. SPECIAL TERMS AND CONDITIONS
ATTACHMENT 7. LOAN GENERAL TERMS AND CONDITIONS
ATTACHMENT 8. LOANREPAYMENTSCHEDULE
- ii -
WASHINGTON STATE WATER POLLUTION CONTROL REVOLVING FUND
LOAN AGREEMENT BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
THE CITY OF BREMERTON
FOR
CALLOW CSO DESIGN - FINAL PRIORITIES
THIS is a binding loan agreement entered into by and between the state of Washington, Department of
Ecology (the "DEPARTMENT"), and the city of Bremerton (the "RECIPIENT"). The purpose of this
loan agreement (the "AGREEMENT") is to provide funds to the RECIPIENT (the "LOAN") to carry
out the activities described herein (the "PROJECT").
This AGREEMENT consists of__ pages and eight (8) attachments. This AGREEMENT
incorporates by attachment and by reference the documents listed in ATTACHMENT 1.
Capitalized terms used, but not otherwise defined, in this AGREEMENT are defined in
ATTACHMENT 2.
I. THE PARTIES
A. RECIPIENT Information
Name and Address: City of Bremerton
239 - 4th Street
Bremerton, WA 98337
Contact: Randy Witt
Telephone Number: (360) 478-5348
E-Mail Address: rwitt~ci.bremerton.wa.us
Fax Number: (360) 478-5348
Federal Taxpayer ID Number: 91-6001231
B. DEPARTMENT Information
Address: Water Quality Program
Washington State Department of Ecology
P.O. Box 47600
Olympia, WA 98504-7600
Page 1 of
City of Bremerton
Callow CSO Design - Final Priorities Project
Loan No.
Project Manager: Mike Dawda
Address: WA State Department of Ecology - NWRO
3190 - 160th Avenue SE
Bellevue, WA 98008-5452
Telephone Number: (425) 649-7027
E-Mail Address: mdaw461 ~ecy.wa. gov
Fax Number: (425) 649-7098
Financial Manager: Karen M. Beatty-Lee
Address: Financial Management Section
Water Quality Program
Washington State Department of Ecology
P.O. Box 47600
Olympia, WA 98504-7600
Telephone Number: (360) 407-6549
E-Mail Address: kbea461 ~ecy.wa. gov
Fax Number: (360) 407-6426
Catalog of Federal Domestic Assistance Number: 66-458
C. Changes to Contact Information
The RECIPIENT may modify its Contact designated above, and the DEPARTMENT may modify its
Project Manager or Financial Manager designated above, by letter to that effect mailed to the others at
the respective addresses shown in Sections I-A and I-B above.
II. AUTHORITY
A. Authority of RECIPIENT
This AGREEMENT is authorized (i) by the Constitution and laws of the state of Washington,
including the RECIPIENT's authority thereunder, and (ii) by the RECIPIENT pursuant to the
ordinance or resolution attached hereto as ATTACHMENT 3.
B. Opinion of RECIPIENT's Legal Counsel
The DEPARTMENT has received an opinion of legal counsel to the RECIPIENT in the form and
substance of ATTACHMENT 4.
III. TERM OF AGREEMENT
The effective date of this AGREEMENT shall be the date this AGREEMENT is signed by the
DEPARTMENT's Water Quality Program Manager. Any work performed prior to the effective date of
this AGREEMENT without prior written authorization of the DEPARTMENT will be at the sole
expense and risk of the RECIPIENT.
Page 2 of 13
City of Bremerton
Callow CSO Design - Final Priorities Project
Loan No.
Prior authorization has been granted by the DEPARTMENT for eligible work commencing on August
18, 1999 (the "prior authorization date"). Any work performed prior to the prior authorization date
will be at the sole expense and risk of the RECIPIENT.
This AGREEMENT shall remain in effect until the date of final repayment of the LOAN, unless
terminated earlier according to the provisions herein.
IV. THE PROJECT
A. PROJECT Description
The project consists of designing improvements to reduce CSOs from the Callow Avenue Basin, which
discharge to Sinclair Inlet, Puget Sound. The final objective of the project is to reduce CSOs from the
Callow Avenue Basin to one event per year per CSO site as required by state regulations.
B. Scope of Work
The RECIPIENT shall ensure that the PROJECT is completed according to the details of this
AGREEMENT including, but not limited to, those contained in ATTACHMENT 5, "SCOPE OF
WORK," ATTACHMENT 6, "SPECIAL TERMS AND CONDITIONS," AND ATTACHMENT 7,
"LOAN GENERAL TERMS AND CONDITIONS."
No changes, additions, and/or deletions to the Scope of Work shall be authorized except by a formal
written amendment to this AGREEMENT made in accordance with Section IX hereof.
C. PROJECT Budget
Total Total Eligible SRF LOAN
Tasks PROJECT PROJECT Cost AMOUNT
Cost
1. Project Administration, QA/QC $55,000 $55,000 $55,000
2. Survey, Pothole, Conduct Field $15,000 $15,000 $15,000
Investigation
3. Design 505,000 505,000 505,000
Totals $575,000 $575,000 $575,000
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D. Sources of Funds for the PROJECT
SRF LOAN (FY 2000) $575,000
Total $575,000
E. PROJECT Schedule
The RECIPIENT agrees to complete the PROJECT in accordance with the following schedule (the
"PROJECT Schedule"):
1. PROJECT Start Date: August 18, 1999
2. Initiation of Operation Date: N/A
3. PROJECT Completion Date: December 31, 2001
Any changes to the PROJECT Schedule must be effected through a formal amendment to this
AGREEMENT as provided in Section IX hereofi
The useful life of the PROJECT is: N/A
V. THE LOAN
A. Source and Availability; LOAN Amounts; LOAN Terms
DEPARTMENT Funding Source: Washington State Water Pollution Control Revolving Fund (SRF)
Subject to all of the terms, provisions, and conditions of this AGREEMENT, and subject to the
availability of federal and state funds, the DEPARTMENT will loan to the RECIPIENT the sum of
five hundred and seventy-five thousand dollars ($575,000) (the "Estimated LOAN Amount").
When the PROJECT Completion Date or thc Initiation of Operation Date has occurred (if appropriate),
the DEPARTMENT and thc RECIPIENT will execute an amendment to this AGREEMENT which
details the final LOAN amount (the "Final LOAN Amount"), and the DEPARTMENT will prepare a
final LOAN repayment schedule, substantially in the form of ATTACHMENT 8. The Final LOAN
Amount will be the combined total of actual disbursements and all accrued interest to the computation
date.
The Estimated LOAN Amount and the Final LOAN Amount (in either case, as applicable, a "LOAN
Amount") shall bear interest at the rate of 1.5% per annum, calculated on the basis of a 365-day year.
Interest on the Estimated LOAN Amount will accrue from and be calculated based on the date that
each payment is mailed to the RECIPIENT. The Final LOAN Amount shall be repaid semiannually
over a term of twenty (20) years, as provided in ATTACHMENT 8.
B. Requests for Payment
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Loan No.
1. Procedure. Payments to the RECIPIENT shall be made on a reimbursable basis at least
quarterly and no more often than once per month. Each request for payment will be submitted by the
RECIPIENT, along with documentation of the expenses per the DEPARTMENT's ADMiNISTRATIVE
REQUIREMENTS, on an A19-1A payment request form and other required forms provided by the
DEPARTMENT. Payment requests shall be submitted by the RECIPIENT to the Financial Manager
of the DEPARTMENT. Payments shall be made only for eligible PROJECT costs incurred and shall
not exceed the Estimated LOAN Amount.
Instructions for submitting payment requests are found in ADMINISTRATIVE REQUIREMENTS, PART IV.
A copy of this document shall be furnished to the RECIPIENT.
2. Period of Payment. Payments shall only be made for eligible costs of the PROJECT
pursuant to the AGREEMENT and performed after the effective date and prior to the expiration date of
the AGREEMENT, unless those dates are specifically modified in writing as provided in Section III or
pursuant to Section IX herein.
3. Ineligible Costs. If any audit identifies LOAN funds which were used to support ineligible
costs, such funds may be immediately due and payable to the DEPARTMENT notwithstanding any
provision to the contrary herein.
4. Overhead Costs. No payment for overhead costs in excess of 25 percent of salaries and
benefits of the RECIPIENT shall be allowed.
5. Certification. Each payment request shall constitute a certification by the RECIPIENT to
the effect that all representations and warranties made in this AGREEMENT remain tree as of the date
of the request and that no adverse developments, affecting the financial condition of the RECIPIENT
or its ability to complete the PROJECT or to repay the principal of or interest on the LOAN, have
occurred since the date of this AGREEMENT. Any changes in the foregoing shall be specifically
disclosed in writing to the DEPARTMENT by the RECIPIENT in its request for payment.
C. Sources of LOAN Repayment
1. Nature of RECIPIENT'S Obligation. Thc obligation of thc RECIPIENT to repay the
LOAN from the sources identified below and to perform and observe all of the other agreements and
obligations on its part contained herein shall be absolute and unconditional, and shall not be subject to
diminution by setoff, counterclaim, or abatement of any kind.
2. Revenue-Secured; Lien Position. This LOAN is a Revenue-Secured Debt of thc
RECIPIENT's Utility. This LOAN shall constitute a lien and charge upon the Net Revenue junior and
subordinate to thc lien and charge upon such Net Revenue of any Senior Lien Obligations. To secure
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the repayment of the LOAN from the DEPARTMENT, the RECIPIENT agrees to comply with all of
the covenants and agreements herein including, but not limited to those, contained in Section VII of
this AGREEMENT.
3. Other Sources of Repayment. The RECIPIENT may repay any portion of the LOAN from
any funds legally available to it other than those pledged in Section V-C-2 hereof.
4. Defeasance of the LOAN; Refinancing or Additional Financing of the PROJECT. So long
as the DEPARTMENT shall hold this LOAN, the RECIPIENT shall not be entitled to, and shall not
effect, an economic Defeasance of the LOAN. The RECIPIENT also shall not refinance the
PROJECT, including making an advance refunding of the LOAN, or obtain grants or loans additional
to those listed in Section IV hereof to finance the PROJECT, without the written consent of the
DEPARTMENT.
If the RECIPIENT defeases or advance refunds the LOAN or obtains additional grants or loans for the
PROJECT without DEPARTMENT consent, it shall be required to use the proceeds thereof
immediately upon their receipt, together with other available RECIPIENT funds, to repay
(i) the LOAN Amount with interest, and
(ii) any other obligations of the RECIPIENT to the DEPARTMENT under this AGREEMENT,
unless in its sole discretion the DEPARTMENT finds that repayment from those additional sources
would not be in the public interest.
Failure to repay the LOAN Amount plus interest within the time specified in the DEPARTMENT's
notice to make such repayment shall incur Late Charges under Section V-D-2 and shall be treated as a
LOAN Default under Section VIII-A hereof.
D. Method and Conditions on Repayments
1. Semiannual Payments. Notwithstanding any other provision of this AGREEMENT, the
first semiannual payment of principal and interest on this LOAN shall be paid not later than the earlier
of
(i) one (1) year after the PROJECT Completion Date or Initiation of Operation Date, or
(ii) five (5) years from the first payment by the DEPARTMENT.
Equal payments shall be due every six months thereafter.
If the due date for any semiannual payment falls on a Saturday, Sunday, or designated holiday for
Washington State agencies, the payment shall be due on the next business day for Washington State
agencies.
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Callow CSO Design - Final Priorities Project
Loan No.
Payments shall be mailed to:
Cashiering Section
Washington State Department of Ecology
P.O. Box 5128
Lacey, WA 98509-5128
No change to the amount of the semiannual principal and interest payments shall be made without a
formal amendment to this AGREEMENT. The RECIPIENT will continue to make semiannual
payments based on this AGREEMENT until the amendment is effective, at which time the
RECIPIENT's payments shall be made pursuant to the amended AGREEMENT.
2. Late Charges. If any amount of the Final LOAN Amount or any other amount owed to the
DEPARTMENT pursuant to this AGREEMENT remains unpaid after it becomes due and payable, the
DEPARTMENT may assess a late charge (a "Late Charge"). The Late Charge shall be additional
interest at the rate of one percent per month, or fraction thereof, starting on the date the debt becomes
past due and continuing until the debt is paid in full. The RECIPIENT hereby agrees to pay such Late
Charge. Nothing contained herein affects the DEPARTMENT'S default rights in Section VIII-C of
this AGREEMENT.
3. Repayment Limitations. Repayment of the LOAN is subject to the following additional
limitations, among others: those on Defeasance, refinancing and advance refunding, and additional
financing contained in Section V-C-4; and on termination, default and recovery of payments contained
in Section VIII hereof.
4. Prepayment of LOAN. So long as the DEPARTMENT shall hold this LOAN, the
RECIPIENT may prepay the entire unpaid principal balance of and accrued interest on the LOAN, or
any portion of the remaining unpaid principal balance of the LOAN Amount. Any prepayments on the
LOAN will be applied first to any accrued interest due, and then to the outstanding principal balance of
the LOAN Amount. If the RECIPIENT elects to prepay the entire remaining unpaid balance and
accrued interest, the RECIPIENT shall first contact the DEPARTMENT's Cashiering Section.
VI. REPRESENTATIONS AND WARRANTIES
The RECIPIENT represents and warrants to the DEPARTMENT as follows:
A. Existence; Authority.
It is a duly formed and legally existing municipal corporation or political subdivision of the state of
Washington or a federally recognized Indian tribe. It has full corporate power and authority to execute,
deliver, and perform all of its obligations under this AGREEMENT and to undertake the PROJECT
identified herein.
B. Application; Material Information.
All information and materials submitted by the RECIPIENT to the DEPARTMENT in connection with
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Loan No.
its LOAN application were when made, and are as of the date the RECIPIENT executes this
AGREEMENT, true and correct. There is no material adverse information relating to the RECIPIENT,
the PROJECT, the LOAN or this AGREEMENT known to the RECIPIENT which has not been
disclosed in writing to the DEPARTMENT.
C. Litigation; Authority.
No litigation is now pending or, to the RECIPIENT'S knowledge, threatened, seeking to restrain or
enjoin (i) the execution of this AGREEMENT, or (ii) the fixing or collection of the revenues, rates, and
charges pledged to pay the principal of and interest on the LOAN, or (iii) in any manner questioning
the proceedings and authority under which the AGREEMENT, the LOAN or the PROJECT are
authorized. Neither the corporate existence or boundaries of the RECIPIENT nor the title of its present
officers to their respective offices is being contested. No authority or proceeding for the execution of
this AGREEMENT has been repealed, revoked, or rescinded.
D. Not an Excess Indebtedness.
This AGREEMENT and the LOAN to be made hereunder do not create an indebtedness of the
RECIPIENT in excess of any constitutional or statutory limitations.
E. Not a General Obligation.
This AGREEMENT and the LOAN to be made hereunder do not constitute a general obligation debt of
the RECIPIENT or the state of Washington.
F. Due Regard.
The RECIPIENT has exercised due regard for Maintenance and Operation Expense and the debt
service requirements of the Senior Lien Obligations and any other outstanding obligations pledging the
Gross Revenue of the Utility, and it has not obligated itself to set aside and pay into the Loan Fund a
greater amount of the Gross Revenue of the Utility than in its judgment will be available over and
above such Maintenance and Operation Expense and those debt service requirements.
VII. COVENANTS AND AGREEMENTS
A. Acceptance.
The RECIPIENT accepts and agrees to comply with all terms, provisions, conditions, and
commitments of this AGREEMENT, including all incorporated and referenced documents, and to
fulfill all assurances, declarations, representations, and commitments made by the RECIPIENT in its
application, accompanying documents and communications filed in support of its request for a LOAN.
B. Accounts and Records.
The RECIPIENT will keep proper and separate accounts and records in which complete and separate
entries shall be made of all transactions relating to this AGREEMENT.
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Callow CSO Design - Final Priorities Project
Loan No.
C. Alteration and Eligibility of PROJECT.
During the term of this AGREEMENT, the RECIPIENT (i) shall not materially alter the design or
structural character of the PROJECT without the prior written approval of the DEPARTMENT and (ii)
shall take no action which would adversely affect the eligibility of the PROJECT as a Washington
State Water Pollution Control Revolving Fund project under Chapter 173-98 WAC, "Uses and
Limitations of the Water Pollution Control Revolving Fund, or which would cause a violation of any
covenant, condition, or provision herein.
D. Pledge of Net Revenue.
For so long as the LOAN is outstanding, the RECIPIENT irrevocably pledges the Net Revenue of the
Utility to pay when due the principal of and interest on the LOAN.
E. Maintenance and Operation of Utility.
The RECIPIENT will at all times maintain and keep the Utility in good repair, working order and
condition and also will at all times operate the Utility and the business in connection therewith in an
efficient manner and at a reasonable cost.
F. Coverage Requirement.
For so long as the LOAN is outstanding, the RECIPIENT shall establish, maintain, and collect such
rates and charges for Utility service which will produce Net Revenue which shall be at least equal to
the Coverage Requirement. "Coverage Requirement" means annual Net Revenue which, after the
payment of Senior Lien Obligations and together with ULID Assessments (if applicable), is at least
equal to 120% of Annual Debt Service on the LOAN and any other obligations on a parity therewith.
G. Free Service.
The RECIPIENT will not fumish Utility service to any customer free of charge if providing that free
service will affect the RECIPIENT'S ability to meet the obligations of this AGREEMENT.
H. Reserve Requirement.
For loans that are Revenue-Secured Debt with terms greater than five (5) years, the RECIPIENT must
accumulate a reserve for the LOAN equivalent to at least the Average Annual Debt Service on the
LOAN during the first five (5) years of the repayment period of the LOAN. This amount shall be
deposited in a Reserve Account in the LOAN Fund in approximately equal annual payments
commencing within one year after the Initiation of Operation or the PROJECT Completion Date,
whichever comes first. "Reserve Account" means, for a LOAN that constitutes Revenue-Secured
Debt, an account of that name created in the Loan Fund to secure the payment of the principal of and
interest on the LOAN. The amount on deposit in the Reserve Account may be applied by the
RECIPIENT (i) to make, in part or in full, the final repayment to the DEPARTMENT of the LOAN
Amount or, (ii) if not so applied, for any other lawful purpose of the RECIPIENT once the LOAN
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Callow CSO Design - Final Priorities Project
Loan No.
Amount, plus interest and any other amounts owing to the DEPARTMENT hereunder, have been paid
in full.
I. Sale or Disposition of Utility.
Thc RECIPIENT will not sell, transfer, or otherwise dispose of any of the works, plant, properties,
facilities, or other part of thc Utility or any real or personal property comprising a part of the Utility
unless:
1. The facilities or property transferred are not material to the operation of the Utility,
or shall have become unserviceable, inadequate, obsolete, or unfit to be used in the operation of
the Utility or are no longer necessary, material, or useful to the operation of the Utility; or
2. The aggregate depreciated cost value of the facilities or property being transferred
in any fiscal year comprises no more than three (3) percent of the total assets of the Utility; or
3. The RECIPIENT receives from the transferee an amount equal to an amount which
will be in the same proportion to the net amount of Senior Lien Obligations and this LOAN
then outstanding (defined as the total amount outstanding less the amount of cash and
investments in the bond and loan funds securing such debt) as the Gross Revenue of the Utility
from the portion of the Utility sold or disposed of for the preceding year bears to the total
Gross Revenue for that period.
The proceeds of any transfer under this paragraph shall be used (i) to redeem promptly, or irrevocably
set aside for the redemption of, Senior Lien Obligations and to redeem promptly the LOAN, and/or (ii)
to provide for part of the cost of additions to and betterments and extensions of the Utility.
J. Insurance.
The RECIPIENT will at all times carry fire and extended coverage, public liability and property
damage, and such other forms of insurance with responsible insurers and with policies payable to the
RECIPIENT on such of the buildings, equipment, works, plants, facilities, and properties of the Utility
as are ordinarily carded by municipal or privately-owned utilities engaged in the operation of like
systems, and against such claims for damages as are ordinarily carded by municipal or privately-owned
utilities engaged in the operation of like systems, or it will self-insure or will participate in an insurance
pool or pools with reserves adequate, in the reasonable judgment of the RECIPIENT, to protect it
against loss.
VIII. TERMINATION AND DEFAULT; REMEDIES
A. Termination and Default Events
1. For Insufficient DEPARTMENT or RECIPIENT Funds. This AGREEMENT may be
terminated by the DEPARTMENT for insufficient DEPARTMENT or RECIPIENT funds.
2. For Failure to Commence Work. This AGREEMENT may be terminated by the
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Callow CSO Design - Final Priorities Project
Loan No.
DEPARTMENT for failure of the RECIPIENT to commence PROJECT work.
3. Past Due Payments. The RECIPIENT will be in default of its obligations under this
AGREEMENT when any LOAN repayment becomes sixty (60) days past due.
4. Other Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent
upon satisfactory performance in full by the RECIPIENT of all of its obligations under this
AGREEMENT. The RECIPIENT will be in default of its obligations under this AGREEMENT if, in
the opinion of the DEPARTMENT, the RECIPIENT has unjustifiably failed to perform any obligation
required of it by this AGREEMENT including, but not limited to, the PROJECT Schedule contained in
Section IV-D hereof.
B. Procedures for Termination
If this AGREEMENT is terminated prior to PROJECT completion, the DEPARTMENT shall provide
to the RECIPIENT a written notice of termination at least five (5) working days prior to the effective
date of termination (the "Termination Date"). The written notice of termination by the
DEPARTMENT shall specify the Termination Date and, when applicable, the date by which the
RECIPIENT must repay any outstanding balance of the LOAN and all accrued interest (the
"Termination Payment Date").
C. Termination and Default Remedies
1. No Further Payments. On and after the Termination Date or in the event of a default event,
the DEPARTMENT may, in its sole discretion, withdraw the LOAN and make no further payments
under this AGREEMENT.
2. Repayment Demand. In response to a termination event, except in the circumstances
described in Section VIII-A-1 above, or in response to a default event, the DEPARTMENT may in its
sole discretion demand that the RECIPIENT repay the outstanding balance of the LOAN Amount and
all accrued interest.
3. Interest after Repayment Demand. From the time that the DEPARTMENT demands
repayment of funds under Section VIII-B or Section VIII-C-2 hereof, amounts owed by the
RECIPIENT to the DEPARTMENT shall accrue additional interest at the rate of one percent per
month, or fraction thereof.
4. Accelerate Repayments. In the event of a default event, the DEPARTMENT may in its
sole discretion declare the principal of and interest on the LOAN immediately due and payable[,
subject to the prior lien and charge of any outstanding Senior Lien Obligations upon the Net Revenue].
Repayments not made immediately upon such acceleration shall incur Late Charges as provided in
Sections V-D-2 and VIII-C-5 hereof.
5. Late Charges. All amounts due to the DEPARTMENT and not paid by the RECIPIENT
by the Termination Payment Date or after acceleration following a default event, as applicable, shall
incur Late Charges as provided in Section V-D-2 hereof.
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6. Intercept State Funds. In the event of a default event and in accordance with RCW
90.50A.060, "Defaults," any state funds otherwise due to the RECIPIENT may, in the
DEPARTMENT's sole discretion, be withheld and applied to the repayment of the LOAN.
7. Property to DEPARTMENT. In the event of a default event and at the option of the
DEPARTMENT, any property (equipment and land) acquired under this AGREEMENT may in the
DEPARTMENT's sole discretion become the DEPARTMENT's property. In that circumstance, the
RECIPIENT's liability to repay money shall be reduced by an amount reflecting the fair value of such
property.
8. Documents and Materials. If this AGREEMENT is terminated, all finished or unfinished
documents, data studies, surveys, drawings, maps, models, photographs, and reports or other materials
prepared hereunder by the RECIPIENT shall, at the option of the DEPARTMENT, become
DEPARTMENT property. The RECIPIENT shall be entitled to receive just and equitable
compensation for any satisfactory work completed on such documents and other materials.
9. Collection and Enforcement Actions. In the event of a default event, the state of
Washington reserves the right to take any actions it deems necessary to collect the amounts due or to
become due, or to enforce the performance and observance of any obligation by the RECIPIENT,
under this AGREEMENT.
10. Fees and Expenses. In any action to enforce the provisions of this AGREEMENT,
reasonable fees and expenses of attorneys and other reasonable expenses (including, without limitation,
the reasonably allocated costs of legal staff) shall be awarded to the prevailing party as that term is
defined in RCW 4.84.330, "Actions on contract or lease...--Waiver prohibited."
11. Damages. Notwithstanding the DEPARTMENT's exercise of any or all of the termination
or default remedies provided in Section VIII-C-1 through VIII-C-10 above, the RECIPIENT shall not
be relieved of any liability to the DEPARTMENT for damages sustained by the DEPARTMENT
and/or the state of Washington because of any breach of this AGREEMENT by the RECIPIENT. The
DEPARTMENT may withhold payments for the purpose of setoff until such time as the exact amount
of damages due the DEPARTMENT from the RECIPIENT is determined.
IX. MODIFICATIONS TO AGREEMENT
No subsequent amendments to this AGREEMENT shall be of any force or effect unless reduced to a
writing and signed by authorized representatives of the RECIPIENT and the DEPARTMENT, and
made part hereof, except:
1. Any change of the RECIPIENT'S Contact or of the DEPARTMENT'S Project Manager or
Financial Manager as set forth respectively in Sections I-A and I-B hereof, may be made by either
party as provided in Section I-C; or
2. Insubstantial modifications, such as frequency and number of required submittals, budget
allocations not affecting the total LOAN Amount and similar changes requested by the RECIPIENT in
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writing, may be approved in writing by the Project Manager of the DEPARTMENT.
No amendment to this AGREEMENT shall be effective until accepted or affirmed in writing by the
DEPARTMENT.
In no event shall any oral agreement or oral commitment be effective to amend this AGREEMENT.
X. ALL AGREEMENTS CONTAINED HEREIN
This Agreement, including the incorporated documents, contains the entire understanding between the
parties, and there are no other understandings or representations other than those set forth or
incorporated by reference herein. No subsequent substantive amendments to this Agreement shall be
of any force or effect unless made in conformity with Section IX hereof.
IN WITNESS WHEREOF, the DEPARTMENT and the RECIPIENT have executed this
AGREEMENT as of the dates set forth below, to be effective as provided above.
STATE OF WASHINGTON CITY OF BREMERTON
DEPARTMENT OF ECOLOGY
MEGAN WHITE, P.E. DATE LYNN HORTON DATE
PROGRAM MANAGER MAYOR
WATER QUALITY PROGRAM
APPROVED AS TO FORM ONLY
ASSISTANT ATTORNEY GENERAL
(3/23/00)
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ATTACHMENT 1
DOCUMENTS INCORPORATED
BY ATTACHMENT OR BY REFERENCE
Each of the following documents is incorporated by attachment or by reference and shall have the same
force and effect as if contained in the AGREEMENT:
A. By Attachment:
· ATTACHMENT 1: DOCUMENTS INCORPORATED
BY ATTACHMENT OR BY REFERENCE
· ATTACHMENT 2: AGREEMENT DEFINITIONS
· ATTACHMENT 3: AUTHORIZING ORDINANCE OR RESOLUTION
· ATTACHMENT 4: OPINION OF RECIPIENT'S LEGAL COUNSEL
· ATTACHMENT 5: SCOPE OF WORK
· ATTACHMENT 6: SPECIAL TERMS AND CONDITIONS
· ATTACHMENT 7: LOAN GENERAL TERMS AND CONDITIONS
· ATTACHMENT 8: LOAN REPAYMENT SCHEDULE
B. By Reference:
· The DEPARTMENT'S WATER QUALITY PROGRAMS FINANCIAL ASSISTANCE FOR FISCAL
YEAR 2000 VOLUME ONE: GUIDELINES and VOLUME TWO: APPENDICES (December 1998)
(hereinafter, "GUIDELINES")
· The DEPARTMENT's Administrative Requirements for Ecology Grants and Loans (July
1995) (hereinafter, "ADMrNISTRATIVE REQUIREMENTS")
· If and when executed by the RECIPIENT and the DEPARTMENT, each Loan Agreement
Amendment
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ATTACHMENT 2
AGREEMENT DEFINITIONS
Unless otherwise provided, the following terms shall have the respective meanings for all purposes of
this AGREEMENT:
"ADMINISTRATIVE REQUIREMENTS" means the DEPARTMENT's ADMINISTRATIVE REQUIREMENTS
FOR ECOLOGY GRANTS AND LOANS (July 1995).
"Annual Debt Service" for any calendar year means, for any applicable bonds or loans including the
LOAN, all interest plus all principal due on such bonds or loans in such year.
"Average Annual Debt Service" means, at the time of calculation, the sum of the Annual Debt
Service for the remaining years of the LOAN to the last scheduled maturity of the LOAN divided by
the number of those years.
"Centennial Clean Water Fund (Centennial)" means, a portion of fund 139 of the Water Quality
Account administered by the DEPARTMENT.
"Coverage Requirement" means annual Net Revenue which, after the payment of Senior Lien
Obligations and together with ULID Assessments (if applicable), is at least equal to 120% of Annual
Debt Service on the LOAN and any other obligations on a parity therewith.
"Defease" or "Defeasance" means the setting aside in escrow or other special fired or account of
sufficient investments and money dedicated to pay all principal of and interest on all or a portion of an
obligation as it comes due.
"DEPARTMENT" means the state of Washington, Department of Ecology, or any successor agency
or department.
"Estimated LOAN Amount" means the initial amount of funds loaned to the RECIPIENT.
"Final LOAN Amount" means all principal of and interest on the LOAN from the PROJECT Start
Date through the PROJECT Completion Date.
"General Obligation Debt" means an obligation of the RECIPIENT secured by annual ad valorem
taxes levied by the RECIPIENT and by the full faith, credit, and resources of the RECIPIENT.
"Gross Revenue" means all of the earnings and revenues received by the RECIPIENT from the
maintenance and operation of the Utility and all earnings from the investment of money on deposit in
the Loan Fund, except (i) ULID Assessments, (ii) government grants, (iii) RECIPIENT taxes, (iv)
principal proceeds of bonds and other obligations, or (v) earnings or proceeds (A) from any
investments in a trust, Defeasance, or escrow fund created to Defease or refund Utility obligations or
(B) in an obligation redemption fund or account other than the Loan Fund until commingled with other
ATTACHMENT 2 -- Page 1 of 4
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earnings and revenues of the Utility or (C) held in a special account for the purpose of paying a rebate
to the United States Government under the Internal Revenue Code.
"GUIDELINES" means the DEPARTMENT'S WATER QUALITY PROGRAMS FINANCIAL ASSISTANCE
FOR FISCAL YEAR 2000 VOLUME ONE: GUIDELINES and VOLUME TWO: APPENDICES (December
1998).
"Initiation of Operation" is the actual date the Water Pollution Control Facilities financed with
proceeds of the LOAN begin to operate for their intended purpose. This date may occur prior to final
inspection and will be determined by the DEPARTMENT after consultation with the RECIPIENT.
This date may be the same, or earlier, than the PROJECT Completion Date. For those projects where
Initiation of Operation is not applicable, use the PROJECT Completion Date.
"LOAN" means the Washington State Water Pollution Control Revolving Fund (SRF) Loan or
Centennial Clean Water Fund (Centennial) Loan made pursuant to this AGREEMENT.
"LOAN Amount" means either an Estimated LOAN Amount or a Final LOAN Amount, as
applicable.
"LOAN Fund" means the special fund of that name created by ordinance or resolution of the
RECIPIENT for the repayment of the principal of and interest on the LOAN.
"Maintenance and Operation Expense" means all reasonable expenses incurred by the RECIPIENT
in causing the Utility to be operated and maintained in good repair, working order, and condition
including payments to other parties for the transmission, treatment, or disposal of sewage, but shall not
include any depreciation or RECIPIENT-levied taxes or payments to the RECIPIENT in lieu of taxes.
"Net Revenue" means the Gross Revenue less the Maintenance and Operation Expense.
"Principal and Interest Account" means, for a LOAN that constitutes Revenue-Secured Debt, the
account of that name created in the Loan Fund to be first used to repay the principal of and interest on
the LOAN.
"PROJECT" means the PROJECT described in this AGREEMENT.
"PROJECT Completion Date" is the date specified in the AGREEMENT as that on which the Scope
of Work will be fully completed and the date the PROJECT will end. The PROJECT Completion Date
may be changed to an earlier or later date by an amendment to the AGREEMENT.
"PROJECT Schedule" is that schedule for the PROJECT specified in the AGREEMENT.
"Reserve Account" means, for a LOAN that constitutes Revenue-Secured Debt, the account of that
name created in the Loan Fund to secure the payment of the principal of and interest on the LOAN.
"Revenue-Secured Debt" means an obligation of the RECIPIENT secured by a pledge of the revenue
of a utility and one not a general obligation of the RECIPIENT.
ATTACHMENT 2 -- Page 2 of 4
City of Bremerton
Callow CSO Design - Final Priorities Project
Loan No.
"Scope of Work" means the tasks and activities constituting the PROJECT and contained in
ATTACHMENT 5, "SCOPE OF WORK," hereto.
"Senior Lien Obligations" means all revenue bonds and other obligations of the RECIPIENT
outstanding on the date of execution of this AGREEMENT (or subsequently issued on a parity
therewith, including refunding obligations) or issued after the date of execution of this AGREEMENT
having a claim or lien on the Gross Revenue of the Utility prior and superior to the claim or lien of the
LOAN, subject only to Maintenance and Operation Expense.
"State Water Pollution Control Revolving Fund (SRF)" means the water pollution control
revolving fund established by RCW 90.50A.020.
"Termination Date" means the effective date of the DEPARTMENT's termination of the
AGREEMENT.
"Termination Payment Date" means the date on which the RECIPIENT is required to repay to the
DEPARTMENT any outstanding balance of the LOAN and all accrued interest.
"Total Eligible PROJECT Cost" means the sum of all costs associated with a water quality project
that have been determined to be eligible for DEPARTMENT grant or loan funding.
"Total PROJECT Cost" means th6 sum of all costs associated with a water quality project, including
costs that are not eligible for DEPARTMENT grant or loan funding.
"ULID" means any utility local improvement district of the RECIPIENT created for the acquisition or
construction of additions to and extensions and betterments of the Utility. "The ULID" means the
utility local improvement district of the RECIPIENT, if any, the improvements to which constitute all
or part of the PROJECT.
"ULID Assessments" means all assessments levied and collected in any ULID. Such assessments are
pledged to be paid into the Loan Fund (less any prepaid assessments permitted by law to be paid into a
construction fund or account). ULID Assessments shall include principal installments thereof and any
interest or penalties which may be due thereon.
"Utility" means either the water system, the sewer system (which may include a storm sewer or
surface water system) or the combined water and sewer system of the RECIPIENT, the Net Revenue of
which are pledged to pay and secure the LOAN.
"Water Pollution Control Activities" means actions to achieve the following purposes:
1. To control nonpoint sources of water pollution;
2. To develop and implement a comprehensive conservation and management plan for estuaries;
and
3. To maintain, improve, or protect water quality through the use of Water Pollution Control
Facilities, management programs, or other means.
ATTACHMENT 2 -- Page 3 of 4
City of Bremerton
Callow CSO Design - Final Priorities Project
Loan No.
"Water Pollution Control Facilities" means any facilities or systems for the control, collection,
storage, treatment, disposal, or recycling of wastewater. Wastewater includes, but is not limited to,
sanitary sewage, storm water, combined sewer overflows, residential, commercial, industrial, and
agricultural wastes which are causing water quality degradation due to concentrations of conventional,
nonconventional, or toxic pollutants. Water Pollution Control Facilities include all equipment,
utilities, structures, real property integral to the treatment process, and interests in and improvements
on real property necessary for or incidental to such purpose. Water Pollution Control Facilities also
include facilities, equipment, and collection systems as are necessary to protect federally designated
sole source aquifers.
(7/28/99)
ATTACHMENT 2 -- Page 4 of 4
City of Bremerton
Callow CSO Design- Final Priorities Project
Loan No.
ATTACHMENT 3
AUTHORIZING ORDINANCE OR RESOLUTION
ATTACHMENT 3- Page 1 of
City of Bremerton
Callow CSO Design - Final Priorities Project
Loan No.
ATTACHMENT 4
OPINION OF RECIPIENT'S LEGAL COUNSEL
I am an attomey at law admitted to practice in the state of Washington and the duly appointed
attorney of the city of Bremerton (the "RECIPIENT"); and I have examined any and all documents and
records pertinent to the AGREEMENT.
Based on the foregoing, it is my opinion that:
A. The RECIPIENT is a duly organized and legally existing municipal corporation or political
subdivision under the laws of the state of Washington or a federally recognized Indian tribe;
B. The RECIPIENT has the power and authority to execute and deliver, and to perform its
obligations under, the AGREEMENT;
C. The AGREEMENT has been duly authorized and executed by RECIPIENT's authorized
representatives and, to my best knowledge and after reasonable investigation, all other necessary
actions have been taken to make the AGREEMENT valid, binding, and enforceable against the
RECIPIENT in accordance with its terms, except as such enforcement is affected by bankruptcy,
insolvency, moratorium, or other laws affecting creditors' rights and principles of equity if equitable
remedies are sought;
D. To my best knowledge and after reasonable investigation, the AGREEMENT does not
violate any other agreement, statute, court order, or law to which the RECIPIENT is a party or by
which it or its properties is bound; and
E. There is currently no litigation seeking to enjoin the commencement or completion of the
PROJECT or to enjoin the RECIPIENT from entering into the AGREEMENT or from accepting or
repaying the LOAN. The RECIPIENT is not a party to litigation which will materially affect its ability
to repay such loan on the terms contained in the AGREEMENT.
F. The AGREEMENT constitutes a valid obligation of the RECIPIENT payable from the Net
Revenues of the Utility.
Capitalized terms used herein shall have the meanings ascribed thereto in the AGREEMENT
between the RECIPIENT and the DEPARTMENT.
RECIPIENT's Legal Counsel Date
ATTACHMENT 4 -- Page 1 of 1
City of Bremerton
Callow CSO Design - Final Priorities Project
Loan No.
ATTACHMENT 5
SCOPE OF WORK
A. Certifications
The RECIPIENT certifies by signing this AGREEMENT that all negotiated interlocal agreements
necessary for the PROJECT are, or will be, consistent with the terms of this AGREEMENT and
Chapter 39.34 RCW, "Interlocal Cooperation Act." The RECIPIENT shall submit a copy of each
interlocal agreement necessary for the PROJECT to the DEPARTMENT.
The RECIPIENT certifies by signing this AGREEMENT that the requirements of Chapter 39.80 RCW,
"Contracts for Architectural and Engineering Services," have been met in procuring qualified
architectural/engineering services. The RECIPIENT shall identify and separate eligible and ineligible
costs in the final negotiated agreement and submit a copy of the agreement to the DEPARTMENT.
B. Reports; Documents
1. Reports and Invoices. The RECIPIENT shall report in writing to the DEPARTMENT any
problems, delays or adverse conditions, which will materially affect its ability to meet PROJECT
objectives or time schedules. This disclosure shall be accompanied by a statement of the action taken
or proposed and any assistance needed from the DEPARTMENT to resolve the situation.
The following reports, in at least the minimum indicated numbers, should be provided:
· Draft (amended) Facility Plan - 1 copy
· Final (amended) Facility Plan - 2 copies
· Draft Plans and Specifications - 1 copy
· Final Plans and Specifications - 2 copies
.The RECIPIENT shall submit all payment requests to the Financial Manager of the DEPARTMENT.
2. Other Documents; Correspondence. The RECIPIENT shall submit two (2) copies of any
documents which require DEPARTMENT approval. Once approval is given, one (1) copy will be
returned to the RECIPIENT. If the RECIPIENT needs more than one (1) approved copy, the number
of submittals should be adjusted accordingly.
Document submittals and all other correspondence should be addressed to the Project Manager.
C. Tasks
1. Predesign.. Predesign activities include confirming size, capacity and elevations of project
components along with preparing an amendment to the existing Facility Plan for the Callow
Avenue Basin. The amended Facility Plan is to be included in the CSO Plan Update, which is
to be prepared under the CCWF Grant and SRF Loan Agreement Application Number
ATTACHMENT 5- Page 1 of
City of Bremerton
Callow CSO Design - Final Priorities Project
Loan No.
FP00098.
2. Development of Plans and Specifications. Plans and specifications must be reviewed and
approved by Water Quality Program staff of the DEPARTMENT and be consistent with:
a. Requirements stated in Chapter 173-240 WAC, "Submission of Plans and Reports for
Construction of Wastewater Facilities," as related to plans and specifications;
b. Good engineering practices and generally recognized engineering standards, including,
but not limited to, the STATE OF WASHINGTON'S CRITERIA FOR SEWAGE WORKS DESIGN
(December 1998 or more recent edition);
c. The approved facilities plan; and
d. Other reports approved by the DEPARTMENT which pertain to the facilities design.
e. The plans, specifications, construction contract documents, and addenda must be
approved by the RECIPIENT prior to submittal for DEPARTMENT review and
approval
3 Construction Cost Estimate. A current, updated construction cost estimate shall be submitted
along with final plans and specifications submittal.
4. Form of Plans. All construction plans submitted to the DEPARTMENT for review and/or
approval shall be reduced to no larger than 11-1/2" x 17" legible size. They may, at the RECIPIENT's
option, be bound with the specifications or related construction contract documents, or bound as a
separate document. All reduced drawings must be completely legible.
(9/22/99)
ATTACHMENT 5 - Page 2 of
City of Bremerton
Callow CSO Design - Final Priorities Project
Loan No.
ATTACHMENT 6
SPECIAL TERMS AND CONDITIONS
A. Minority and Women's Business Participation. The RECIPIENT agrees to solicit and recruit, to
the maximum extent possible, certified minority-owned (MBE) and women-owned (WBE)
businesses in purchases and contracts initiated after the effective date of this Agreement.
In the absence of more stringent goals established by the RECIPIENTs jurisdiction, the
RECIPIENT agrees to utilize the DEPARTMENT'S goals for minority- and women-owned
business participation in all bid packages, request for proposals, and purchase orders. These
goals are expressed as a percentage of the total dollars available for the purchase or contract and
are as follows:
Construction/Public Works 10% MBE 6% WBE
Architecture/Engineering 10% MBE 6% WBE
Purchased Goods 8% MBE 4% WBE
Purchased Services 10% MBE 4% WBE
Professional Services 10% MBE 4% WBE
Meeting these goals is voluntary and no contract award or rejection shall be made based on
achievement or non-achievement of the goals. Achievement of the goals is encouraged,
however, and the RECIPIENT and ALL prospective bidders or persons submitting
qualifications shall take the following affirmative steps in any procurement initiated after the
effective date of this Agreement:
1. Include qualified minority and women's businesses on solicitation lists.
2. Assure that qualified minority and women's businesses are solicited whenever they are
potential sources of services or supplies.
3. Divide the total requirements, when economically feasible, into smaller tasks or quantities,
to permit maximum participation by qualified minority and women's businesses.
4. Establish delivery schedules, where work requirements permit, which will encourage
participation of qualified minority and women's businesses.
5. Use the services and assistance of the State Office of Minority and Women's Business
Enterprises (OMWBE) and the Office of Minority Business Enterprises of the U.S.
Department of Commerce, as appropriate.
By signing this Agreement, the RECIPIENT certifies that the above steps were, or will be
followed. Any contractor engaged by the RECIPIENT under this agreement shall be required
to follow the above five affirmative steps in the award of any subcontract(s).
The RECIPIENT shall report to the DEPARTMENT at the time of submitting each invoice, on
forms provided by the DEPARTMENT, payments made to qualified firms. The report will
address:
ATTACHMENT 6 - Page 1 of__
City of Bremerton
Callow CSO Design - Final Priorities Project
Loan No.
1. Name and state OMWBE certification number of any qualified firm receiving funds under
the voucher, including any sub-and/or sub-subcontractors.
2. The total dollar amount paid to qualified finns under this invoice.
B. Sewer-Use Ordinance or Resolution. If not already in existence, the RECIPIENT shall adopt
and shall enforce a sewer-use ordinance or resolution to require that all new sewers and
connections are designed and constructed in accordance with applicable state and local
standards. Such ordinance or resolution shall be submitted to the DEPARTMENT for review
and approval before construction of the PROJECT is 80 percent complete.
C. User-Charge System. The RECIPIENT certifies that it has the legal authority to establish and
implement a sewer-user charge system and shall adopt a system of sewer-user charges to assure
that each recipient of waste treatment service will pay its proportionate share of the cost of
operation and maintenance, including replacement of the sewerage facilities during the design
life of the PROJECT.
D. Accounting Standards. The RECIPIENT shall maintain accurate records and accounts for the
PROJECT ("PROJECT Records") in accordance with generally accepted government
accounting standards including those contained in the STANDARDS FOR AUDIT OF
GOVERNMENTAL ORGANIZATIONS, PROGRAMS, ACTIVITIES, AND FUNCTIONS promulgated by
the U.S. General Accounting Office.
These PROJECT Records shall be separate and distinct from the RECIPIENT's other records
and accounts (General Accounts). Eligible costs shall be audited annually by an independent,
certified accountant and/or state auditor, which may be part of the annual audit of the General
Accounts of the RECIPIENT. If the annual audit includes an auditing of this PROJECT, a
copy of such audit, including all written comments, recommendations and findings, shall be
furnished to the DEPARTMENT within thirty (30) days after receipt of the final audit report.
E. Prevailing Wage. The RECIPIENT shall require all contractors and subcontractors on the
Project to pay wages at rates not less than those prevailing for the same type of work on similar
construction in the immediate locality, in compliance with state prevailing wage rate
requirements, Chapter 39.12 RCW Prevailing Wages on Public Works. To obtain the state
prevailing wage rates, contact the Washington State Department of Labor and Industries.
F. Procurement. The RECIPIENT is responsible for procuring professional, personal, and other
services using sound business judgment and good administrative procedures. This includes
issuance of invitation of bids, requests for proposals, selection of contractors, award of
subagreements and other related procurement matters. The RECIPIENT shall follow State
procurement laws.
G. Public Awareness. All public awareness notices, signs, or announcements related to the
PROJECT financed in whole or in part by LOAN funds should inform the public of the
involvement of the federal government.
H. Small Business in Rural Areas ("SBRAs"). If a contract is awarded by the RECIPIENT under
ATTACHMENT 6 - Page 2 of__
City of Bremerton
Callow CSO Design - Final Priorities Project
Loan No.
this AGREEMENT, the RECIPIENT is also required to utilize the following affirmative steps:
1. Place SBRAs on solicitation lists;
2. Make sure the SBRAs are solicited whenever there are potential sources;
3. Divide total requirements, when economically feasible, into small tasks or quantities to
permit maximum participation by SBRAs;
4. Establish delivery schedules, where requirements of work will permit, which could
encourage participation by SBRAs;
5. Use the services of the Small Business Administration and the Minority Business
Development Agency of the U.S. Department of Commerce, as appropriate; and
6. Require the contractor to comply with the affirmative steps outlined above.
The negotiated "Fair Share Percentage" for the SBRAs is one-half of one percent (0.5%).
There is no formal reporting requirement for SBRAs at this time; however, it is highly
recommended that the RECIPIENT keep records of SBRA participation.
I. Growth Management Planning. The RECIPIENT certifies by signing this AGREEMENT for a
Water Pollution Control Facilities project that it has adopted a comprehensive plan that conforms
with the requirements of Chapter 36.70A RCW, "Growth Management--Planning by Selected
Counties and Cities," and the RECIPIENT has adopted development regulations in conformance
with the requirements of Chapter 36.70A RCW. If the status of compliance changes, either
through RECIPIENT or legislative action, the RECIPIENT shall notify the DEPARTMENT in
writing of this change within thirty (30) days.
(3/23/00)
ATTACHMENT 6 - Page 3 of
City of Bremerton
Callow CSO Design - Final Priorities Project
Loan No.
ATTACItMENT 7
LOAN GENERAL TERMS AND CONDITIONS
A. RECIPIENT PERFORMANCE
All activities for which loan funds are to be used shall be accomplished by the RECIPIENT and
RECIPIENT's employees. The RECIPIENT shall not assign or subcontract performance to others
unless specifically authorized in writing by the DEPARTMENT.
B. CONTRACTOR COMPLIANCE
The RECIPIENT must ensure that all contractors comply with the terms and conditions of this
AGREEMENT.
C. THIRD PARTY BENEFICIARY
The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this
AGREEMENT, the state of Washington is named as an express third-party beneficiary of such
subcontracts with full rights as such.
D. CONTRACTING FOR SERVICES (BIDDING)
Contracts for construction, purchase of equipment and professional architectural and engineering
services shall be awarded through a competitive process, if required by State law. The RECIPIENT
shall retain copies of all bids received and contracts awarded, for inspection and use by the
DEPARTMENT.
E. ASSIGNMENTS
No right or claim of the RECIPIENT arising under this AGREEMENT shall be transferred or assigned
by the RECIPIENT.
F. COMPLIANCE WITH ALL LAWS
1. Compliance; Approvals and Permits. The RECIPIENT shall comply fully with all
applicable federal, state, and local laws, orders, regulations and permits.
Prior to commencement of any construction, the RECIPIENT shall secure the necessary approvals and
permits required by authorities having jurisdiction over the PROJECT, provide assurance to the
DEPARTMENT that all approvals and permits have been secured, and make copies available to the
DEPARTMENT upon request.
2. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by all federal
and state laws, regulations, and policies against discrimination. The RECIPIENT further agrees to
ATTACHMENT 7 -- Page 1 of 6
City of Bremerton
Callow CSO Design - Final Priorities Project
Loan No.
affirmatively support the program of the Office of Minority and Women's Business Enterprises to the
maximum extent possible. The RECIPIENT shall report to the DEPARTMENT the percent of loan
funds available to women- or minority-owned businesses.
3. Wages and Job Safe_t3,. The RECIPIENT agrees to comply with all applicable laws,
regulations, and policies of the United States and the state of Washington which affect wages and job
safety.
4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state
industrial insurance requirements. If the RECIPIENT fails to comply with such laws, the
DEPARTMENT shall reserve the right to immediately terminate this AGREEMENT for cause as
provided in Section VIII hereof.
G. KICKBACKS
The RECIPIENT is prohibited from inducing by any means any person employed or otherwise
involved in the PROJECT to give up any part of the compensation to which he/she is otherwise entitled
or receive any fee, commission or gift in return for award ora subcontract hereunder.
H. AUDITS AND INSPECTIONS
1. The RECIPIENT shall maintain complete project and financial records relating to this
AGREEMENT. Such records shall clearly indicate total receipts and expenditures by fund source and
task or object. All loan records shall be kept in a manner which provides an audit trail for all
expenditures. All records shall be kept in a common file to facilitate audits and inspections.
Engineering documentation and field inspection reports of all construction work accomplished under
this AGREEMENT shall be maintained by the RECIPIENT.
2. All loan records shall be open for audit or inspection by the DEPARTMENT or by any duly
authorized audit representative of the state of Washington for a period of at least three (3) years after
the final loan repayment or any dispute resolution hereunder. If any such audits identify discrepancies
in the financial records, the RECIPIENT shall provide clarification and/or make adjustments
accordingly.
3. All work performed under this AGREEMENT and any equipment purchased shall be made
available to the DEPARTMENT and to any authorized state, federal or local representative for
inspection at any time during the course of this AGREEMENT and for at least three (3) years
following final loan repayment or dispute resolution hereunder.
4. The RECIPIENT shall meet the provisions contained in OMB Circular A-133 (AUDITS OF
STATES, LOCAL GOVERNMENTS AND OTHER NONPROFIT ORGANIZATIONS) or OMB Circular A-110
(UNIFORM REQUIREMENTS FOR GRANTS TO UNIVERSITIES, HOSPITALS AND OTHER NON-PROFIT
ORGANIZATIONS) if the RECIPIENT receives federal funds in excess of $300,000. The RECIPIENT
must forward to the DEPARTMENT a copy of the State Auditor's audit, or other independent audit
report, along with the RECIPIENT's response and the final corrective action plan as approved by the
ATTACHMENT 7 -- Page 2 of 6
City of Bremerton
Callow CSO Design - Final Priorities Project
Loan No.
State Auditor's Office, within ninety (90) days of the date of the audit report.
I. WAIVER
Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a breach of
any provisions of this AGREEMENT is not a waiver of any subsequent breach and will not be
construed as a modification of the terms of this AGREEMENT unless stated as such in writing by an
authorized representative of the DEPARTMENT.
J. PROPERTY RIGHTS
1. Cop_wights and Patents. When the RECIPIENT creates any copyrightable materials or
invents any patentable property, the RECIPIENT may copyright or patent the same but the
DEPARTMENT retains a royalty-free, nonexclusive and irrevocable license to reproduce, publish,
recover, or otherwise use the materials or property and to authorize others to use the same for federal,
state or local government purposes.
Where federal funding is involved, the federal government may have a proprietary interest in patent
rights to any inventions developed by the RECIPIENT as provided in 35 U.S.C. §§ 200-212.
2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use or
publish information of the DEPARTMENT; present papers, lectures, or seminars involving
information supplied by the DEPARTMENT; use logos, reports, maps or other data in printed reports,
signs, brochures, pamphlets, etc., appropriate credit shall be given to the DEPARTMENT.
3. Tangible Property Rights. The DEPARTMENT's ADMINISTRATIVE REQUIREMENTS,
PART IV, shall control the use and disposition of all real and personal property purchased wholly or in
part with funds furnished by the DEPARTMENT in the absence of state or federal statutes, regulations
or policies to the contrary or upon specific instructions with respect thereto in ATTACHMENT 5,
"SCOPE OF WORK."
4. Personal Property Furnished by the DEPARTMF. NT. When the DEPARTMENT provides
personal property directly to the RECIPIENT for use in performance of the PROJECT, it shall be
returned to the DEPARTMENT prior to final payment by the DEPARTMENT. If said property is lost,
stolen or damaged while in the RECIPIENT's possession, the DEPARTMENT shall be reimbursed in
cash or by setoffby the RECIPIENT for the fair market value of such property.
5. Acquisition Projects. The following provisions shall apply if the PROJECT covered by this
AGREEMENT includes funds for the acquisition of land or facilities:
a. Prior to payment of funds provided for in this AGREEMENT, the
RECIPIENT shall establish that the cost of land or facilities is fair and reasonable.
b. The RECIPIENT shall provide satisfactory evidence of title or ability to
acquire title for each parcel prior to payment of funds provided by this AGREEMENT.
Such evidence may include title insurance policies, Torrens certificates, or abstracts,
ATTACHMENT 7 -- Page 3 of 6
q¢
City of Bremerton
Callow CSO Design - Final Priorities Project
Loan No.
and attomeys' opinions establishing that the land is free from any impediment, lien, or
claim which would impair the uses contemplated by this AGREEMENT.
6. Conversions. Regardless of the expiration date of this AGREEMENT as provided in
Section III hereof, the RECIPIENT shall not at any time convert any equipment, property, or facility
acquired or developed pursuant to this AGREEMENT to uses other than those for which assistance
was originally approved without prior written approval of the DEPARTMENT
K. RECYCLED/RECYCLABLE PAPER
All documents and materials published under this AGREEMENT shall be produced on recycled paper
containing the highest level of post-consumer and recycled content that is available. At a minimum,
paper with 10 percent post-consumer content and 50 percent recycled content shall be used. Whenever
possible, all materials shall be published on paper that is unbleached or has not been treated with
chlorine gas and/or hypochlorite.
As appropriate, all materials shall be published on both sides of the paper and shall minimize the use of
glossy or colored paper and other items which reduce the recyclability of the document.
L. PROJECT APPROVAl,
The extent and character of all work and services to be performed under this AGREEMENT by the
RECIPIENT shall be subject to the review and approval of the DEPARTMENT through the Project
Manager or other designated official to whom the RECIPIENT shall report and be responsible. In the
event there is a dispute with regard to the extent and character of the work to be done, the
determination of the Project Manager or other designated official as to the extent and character of the
work to be done shall govern. The RECIPIENT shall have the right to appeal decisions as provided for
below.
M. DISPUTES
Except as otherwise provided in this AGREEMENT, any dispute concerning a question of fact arising
under this AGREEMENT which is not disposed of in writing shall be decided by the Project Manager
or other designated official who shall provide a written statement of decision to the RECIPIENT. The
decision of the Project Manager or other designated official shall be final and conclusive unless, within
thirty (30) days from the date of receipt of such statement, the RECIPIENT mails or otherwise
furnishes to the Director of the DEPARTMENT a written appeal.
In connection with appeal of any proceeding under this clause, the RECIPIENT shall have the
opportunity to be heard and to offer evidence in support of its appeal. The decision of the Director or
duly authorized representative for the determination of such appeals shall be final and conclusive.
Appeals from the Director's determination shall be brought in the Superior Court of Thurston County.
Review of the decision of the Director will not be sought before either the Pollution Control Hearings
Board or the Shoreline Heatings Board. Pending final decision of any dispute hereunder, the
RECIPIENT shall proceed diligently with the performance of this AGREEMENT and in accordance
with the decision rendered.
ATTACHMENT 7 -- Page 4 of 6
City of Bremerton
Callow CSO Design - Final Priorities Project
Loan No.
N. CONFLICT OF INTEREST
No officer, member, agent, or employee of either party to this AGREEMENT who exercises any
function or responsibility in the review, approval or carrying out of this AGREEMENT shall
participate in any decision which affects his/her personal interest or the interest of any corporation,
partnership or association in which he/she is, directly or indirectly, interested; nor shall he/she have
any personal or pecuniary interest, direct or indirect, in this AGREEMENT or the proceeds thereof.
O. INDEMNIFICATION
1. The DEPARTMENT shall in no way be held responsible for payment of salaries,
consultants' fees, or other costs related to the PROJECT described herein, except as provided in
ATTACHMENT 5, "SCOPE OF WORK."
2. To the extent that the Constitution and laws of the state of Washington permit, each party
shall indemnify and hold the other harmless from and against any liability for any or all injuries to
persons or property arising from the negligent act or omission of that party or that party's agents or
employees arising out of this AGREEMENT.
P. GOVERNING LAW
This AGREEMENT shall be governed by the laws of the state of Washington.
Q. 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.
R. TIME OF THE ESSENCE
Time shall be of the essence of this AGREEMENT.
S. TABLE OF CONTENTS; HEADINGS
The Table of Contents and headings of this AGREEMENT are inserted for convenience only and shall
not in any way affect the meaning or construction of any provision of this AGREEMENT.
T. COUNTERPARTS
This AGREEMENT may be executed in counterparts and each such counterpart shall for all purposes
be deemed to be an original. All such counterparts shall together constitute but one and the same
instrument.
ATTACHMENT 7 -- Page 5 of 6
City of Bremerton
Callow CSO Design - Final Priorities Project
Loan No.
U. ENTIRE AGREEMENT
This AGREEMENT, including the attached and referenced documents incorporated pursuant to
ATTACHMENT 1 hereto, contains the entire understanding between the RECIPIENT and the
DEPARTMENT, and there are no other understandings or representations other than those set forth or
incorporated herein.
V. PRECEDENCE
In the event of inconsistency in this AGREEMENT, unless otherwise provided herein, the
inconsistency shall be resolved by giving precedence in the following order: (a) applicable federal and
state statutes and regulations; (b) ATTACHMENT 5, "SCOPE OF WORK;" (c) ATTACHMENT 6,
"SPECIAL TERMS AND CONDITIONS;" (d) any terms incorporated herein by reference, including
the ADMINISTRATIVE REQUIREMENTS; and (e) this ATTACHMENT 7, "LOAN GENERAL TERMS
AND CONDITIONS."
(9/23/98)
ATTACHMENT 7 -- Page 6 of 6
q7
City of Bremerton
Callow CSO Design - Final Priorities Project
Loan No.
ATTACHMENT 8
LOAN REPAYMENT SCHEDULE
ATTACHMENT 8 --Page 1 of
To:Date: 8/1/00City Council, InfoServices:shepherd@[sinclair.net]5:02PM ~.~"~ I M~
Subject: Re: CSO Plan for Pine Street
We can address your questions in more detail in our presentation to Council at the public meeting, but the
following may be helpful in advance.
1) The adopting resolution is no different than when we adopted the original CSO Reduction Plan. It is a
planning document that states the City's intent. The CIP and budget will still control the implementation
process. This and several other CSO projects are in the CIP that will be presented to Council August 16th.
Aside from the environmental benefits, CSO treatment is the most cost-effective solution and will be the
backbone of the system for all of East Bremerton.. Storage and other improvements for Pine Road are in
the 2000 budget. The CSO treatment plant will not be constructed until next year and will be in the 2001
budget. The estimated cost for the treatment plant has gone up because our hydraulic modeling shows
the plant capacity must be greater than originally estimated. However, considering the original estimated
costs for all the East Bremerton basins, the overall cost with CSO treatment will be considerably less. We
will have a spreadsheet of costs for all remaining CSO work for the Council tomorrow.
2) Concerning the inflow and infiltration (l&l), the plan looks at the feasibility of reducing the I&l as an
alternative and determined separation of inflow was cost-effective and would help, but it alone would not
achieve the needed reduction. Inflow separation is considered as an element in all the alternatives. City
crews have been separating inflow from the streets and will ask property owners to separate their private
systems from the sanitary sewer as well, but there needs to be significantly more to achieve the needed
reduction.
Infiltration (leaky pipes) is a much more difficult issue. We are dealing with a very old system and would
have to replace most of the sewer system in East Bremerton at a cost of many millions of dollars to solve
the infiltration issue. We did apply for an State Revolving Fund loan to do an I&l study to see if we could
locate significant areas of infiltration for spot improvements; however, we were unsuccessful in that
funding program. The study alone is estimated at approximately $160,000.
Time limits for implementation are definitely a factor, but even if we had much more time, I don't think it
would affect the final recommendation.
3) As mentioned above, the Pine Road improvements are the backbone of the East Bremerton CSO
Reduction program. The reason we are recommending this solution is because of the condition of the
entire East Bremerton system. Additionally, prior to 1985, all East Bremerton flows used to go to the
wastewater treatment plant located at the proposed site. We will explain this in more detail in the
presentation before the Council tomorrow evening.
>>> "shepherd" <shepherd@sinclair.net> 07/29 7:11 PM >>>
Lori, Please copy for council and put in their boxes except hand deliver to Wayne Olson.
After reading through the plan I have a few questions to be clarified:
1. Why does the adoption of this plan need to be by resolution? It appears to bind us to building a
treatment facility which is only vaguely addressed in the budget and I don't recall that it is in capital
improvement plan at all. Last time we talked about it the numbers were around 3 million, now they are up
over 4 million. While the treatment plant m~y be necessary, I don't believe we should bind ourselves
beyond our budget.
2. According to the plan 60 % of the overflow is surcharged from the beach main, and 40% from rain
induced infiltration of which only 5% is from roof drains and sumps. Therefore 95% of the infiltration is due
to leaking collection system. Why is there no cost estimates or alternatives that address fixing the
collection system which is falling apart? This seems to have been excluded because of time limits which
are not explained in the document. This option of repairing the collection system should be explained and
the costs and times expressed so that it can be considered. It may be that we can't meet some deadline,
but that should be clearly expressed. Furthermore the outcomes of not meeting the deadline should be
estimated. My point is this; the council needs a full picture of the Pine Street Basin in order to make a
considered decision of how to spend taxpayer money.
3. We should begin thinking about the entire east side collection system. What is its general condition?
What is the plan and cost and schedule for repairing it?
I'll be back after the vote, but hope to find out the above details when I return.
yours, Mike
CC: John Poppe, Lori Smith, The Mayor, Thomas Knuckey
From: Gene Sampley
To: City Council
Date: Wed, Aug 2, 2000 10:33 AM
Subject: Fwd: Sewer Replacement Costs
The attached answers the question of how much it would cost to "fix" the infiltration problem in East
Bremerton. You will note that to replace the sewer system is roughly estimated at $12 million for Pine
Road and $43 million for all of Est Bremerton. It does not prove to be cost-effective in the short term.
CC: The Mayor, Thomas Knuckey
From: "Bergstrom, Eric" <EBergstr@hdrinc.com>
To: "'Knuckey, Tom'" <tknuckey@ci.bremerton.wa.us>
Date: Tue, Aug 1, 2000 3:32 PM
Subject: Sewer Replacement Costs
Tom, here is a very broad brush look at system replacement. We have used
$1,500 for lateral replacement. On a large volume this may not be
unreasonable. For line replacement we used $100 per foot recognizing that
trenchless could be used for a lot of the system. Bottom line: $12 million
for the sewers and laterals in Pine Road and $43 million for East Bremerton.
No matter how you look at it, we don't need to sharpen the pencil very much.
Call with questions or if you need more help. I just faxed off the mark ups
on the figures you sent over to me.
<<system replacement.xls>>
Eric C. M. Bergstrom
HDR Engineering, Inc.
500108th Avenue N.E.
Suite 1200
Bellevue, WA 98004-5538
Phone: (425) 450-6247
Fax: (425) 453-7107
E-maih ebergstr@hdrinc.com
City of Bremerton CSO Reduction Plan Update
07260-010-002
System Replacement Alternative
Lateral Replacement
Dwelling Units Dwelling Units
Basin (outside City Limits) (in City Limits) Total Dwelling Units Cost per Lateral Cost for Laterals
Tracyton Beach 610 890 1500 $1,500 $2,250,000
Pine Road 690 1840 2530 $1,500 $3,795,000
Stevens Canyon 0 1230 1230 $1,500 $1,845,000
Cherry Avenue 40 460 500 $1,500 $750,000
East Park 150 1740 1890 $1,500 $2,835,000
Trenton Avenue 1900 2780 4680 $1,500 $7,020,000
Anderson Cove 0 1240 1240 $1,500 $1,860,000
Warren Avenue 0 1880 1880 $1,500 $2,820,000
Pacific Avenue 0 640 640 $1,500 $960,000
Phinney Bay 30 130 160 $1,500 $240,000
Callow Avenue 0 2160 2160 $1,500 $3,240,000
Rocky Point 900 1200 2100 $1,500 $3,150,000
Oyster Bay 120 5360 5480 $1,500 $8,220,000
Kitsap Lake 850 1150 2000 $1,500 $3,000,000
Sinclair Park 680 3290 3970 $1,500 $5,955,000
KCSD No. 1 1200 0 1200 $1,500 $1,800,000
Total 7170 25990 33160 $49,740,000
NOTES:
Estimates for Lateral replacements do NOT include estimates for lateral serving commercial or retail areas.
Estimates are for development as of March 27, 1992 based on memo from the City Planning Department.
Main Line Replacement
Basin Area (ac) LF pipe per ac Estimated LF of Pipe Cost per LF Cost for Main Line
Tracyton Beach 120 162.5 19500 $100 $1,950,000
Pine Road 480 162.5 78000 $100 $7,800,000
Stevens Canyon 160 162.5 26000 $100 $2,600,000
Cherry Avenue 145 162.5 23562.5 $100 $2,356,250
East Park 400 162.5 65000 $100 $6,500,000
Trenton Avenue 185 162.5 30062.5 $100 $3,006,250
Anderson Cove 390 162.5 63375 $100 $6,337,500
Warren Avenue 300 162.5 48750 $100 $4,875,000
Pacific Avenue 90 162.5 14625 $100 $1,462,500
Phinney Bay 65 162.5 10562.5 $100 $1,056,250
Callow Avenue 680 162.5 110500 $100 $11,050,000
Rocky Point 0 162.5 0 $100 $0
Oyster Bay 790 162.5 128375 $100 $12,837,500
Kitsap Lake 305 162.5 49562.5 $100 $4,956,250
Sinclair Park 365 162.5 59312.5 $100 $5,931,250
KCSD No. I 190 162.5 30875 $100 $3,087,500
Total 4665 2600 758062.5 $75,806,250
1 8/2/00 system replacement.xls
City of Bremerton CSO Reduction Plan Update
07260-010-002
System Replacement Alternative
Total Cost for Improvement
Basin Cost for Laterals Cost for Main Line Total Cost per Basin
Tracyton Beach $2,250,000 $1,950,000 $4,200,000
Pine Road $3,795,000 $7,800,000 $11,595,000
Stevens Canyon $1,845,000 $2,600,000 $4,445,000
Cherry Avenue $750,000 $2,356,250 $3,106,250
East Park $2,835,000 $6,500,000 $9,335,000
Trenton Avenue $7,020,000 $3,006,250 $10,026,250
Anderson Cove $1,860,000 $6,337,500 $8,197,500
Warren Avenue $2,820,000 $4,875,000 $7,695,000
Pacific Avenue $960,000 $1,462,500 $2,422,500
Phinney Bay $240,000 $1,056,250 $1,296,250
Callow Avenue $3,240,000 $11,050,000 $14,290,000
Rocky Point $3,150,000 $0 $3,150,000
Oyster Bay $8,220,000 $12,837,500 $21,057,500
Kitsap Lake $3,000,000 $4,956,250 $7,956,250
Sinclair Park $5,955,000 $5,931,250 $11,886,250
KCSD No. 1 $1,800,000 $3,087,500 $4,887,500
Total $49,740,000 $75,806,250 $125,546,250
East Bremerton
Basin Cost for Laterals Cost for Main Line Total Cost per Basin
Tracyton Beach $2,250,000 $1,950,000 $4,200,000
Pine Road $3,795,000 $7,800,000 $11,595,000
Stevens Canyon $1,845,000 $2,600,000 $4,445,000
Cherry Avenue $750,000 $2,356,250 $3,106,250
East Park $2,835,000 $6,500,000 $9,335,000
Trenton Avenue $7,020,000 $3,006,250 $10,026,250
Total $18,495,000 $24,212,500 $42,707,500
2 8/2/00 system replacement.xls
CSO Reduction Plan
Pine Road and Anderson Cove CSO Reduction
August 2, 2000
1) Anderson Cove Combined Sewer System
a) Review of System Hydraulics
b) Facility Plan Evaluation
c) Project Status
2) Pine Road CSO Reduction Improvements
a) East Bremerton System
i) Overview of System Hydraulics
ii) Overview of Proposed Improvements -
b) Pine Road Facility Plan Evaluation
c) Project Status
3) Private Property Separation / Inflow Reduction
4) Funding Issues
PORT WASHINGTON
OVERFLOW S'l~tl~J~WS
MODIFICATIONS
-- PIPING MODIFICATIONS
SEE SHEET
IPGRADE
PUMP STATION
-- NEW
BASIN 12 SEWER
LEGEND CITY OF BREMERTON
ANDERSON CO'YE BASIN BOUNDARY
ANDERSON COVE CSO REDUCTION PROJECT
SUBSASINBOUNDARY
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-- SANITARY/COMBINED SYSTEM
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EXISTING PEAK FLOW IN PIPE
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EAST BREMERTON BEACH MAIN PROFILE
~ T~C~ON B~CH PINE ROAD STUNS CANYON ~ CHERRY AVENUE~'
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PUBLIC WORKS AND UTILITIES
3027 Olympus Drive * Bremerton, WA 98310-4799 * (360) 478-5270 * FAX (360) 478-5398
Engineering Division
MEMORANDUM
TO: Lynn S. Horton, Mayor
FROM: Randy Witt ~
DATE: July 28, 2000
SUB J: Monthly Project Status Report
Enclosed is the monthly status report for your review. ~-) ¢Igr~ ~'~4~'J~GL~'k- O [r~
RW/ab
Enclosure
C: W. Eugene Sampley
Kathleen Cahall
Bob Tulp
Wayne Hamilton
Janet Martelle
John Poppe
Bill McKinney
Phil Berry
Paul Lucas
Lynn Price
Loft Smith (11 copies for Council Members)
Engineering Division Staff (Route)
PUBLIC WORKS AND UTILITIES
ENGINEERING DIVISION
MONTHLY STATUS REPORT
RANDY WlTT, CITY ENGINEER
PUBLIC WORKS PROJECTS UPDATE
JEFF SHEA, SENIOR ENGINEER
UTILITY PROJECTS UPDATE
TOM KNUCKEY, SENIOR ENGINEER
SR304 TRANSPORTATION IMPROVEMENT PROJECT
LYNN PRICE, PROJECT MANAGER
SPECIAL PROJECTS UPDATE
DAN MILLER, PROJECT MANAGER
PUBLIC WORKS PROJECT UPDATE
MONTHLY REPORT
JUNE, 2000
WERNER ROAD CORRIDOR/WEST HILLS COMMERCIAL IMPROVEMENTS
· DOT has given written approval for the bioswale and dirt removal on their POW at the SW
comer of the SR3 interchange. Parr Ford's contractor has begun work on removing the
mound and building the bioswale. Setting up a meeting with WSDOT to discuss additional
improvements to the downstream portion of this drainage.
· The Biological Assessment has been reviewed and has been recommended for approval by
DOT. It was submitted to NMFS and USFWS for their approval and concurrence - there is
no further information on when this will be approved.
· Incorporating modifications to the design from recommendations developed during the
Value Engineering.
Right-of-Way Acquisition
· Acquisitions are completed on 12 properties.
· Possession and Use of final property completed - awaiting word from the property owner's
appraiser and attorney.
· Right-of-Way for EDA grant funding has been certified - completing the paperwork to get
WSDOT certification of ROW
CALLOW CSO, PRIORITY 3 & 5
· Montgomery Watson, our consultant, awaiting direction based on outcome of reevaluation of
CSO Facility Plan for the basin. Some of the stormwater separation may not be
economically practical for reducing overflows. The CSO Plan Update consultant is
evaluating the impacts of each proposed separation project.
· Submitted the application for reduced match - EPA to send letter requesting additional
information
PINE ROAD CSO FACILITY PLAN
· Dept of Ecology has officially approved the Facility Plan.
· Public meeting to be held in conjunction with the Aug. 2 Council Meeting to discuss CSO
Program and Facility Plans.
· Preliminary stages of designing a line connecting OF-1 and OF-2 to facilitate increased
flows to the proposed CSO treatment facility
2000 TRAFFIC CALMING PROGRAM
· Eight streets are on the current list for the 2000 CDBG Speed Hump Program.
· Locations have been marked and Streets will schedule them for installation.
2000 ADA CURB CUT PROGRAM
· Last year's list was reviewed and locations for the program were proposed. The City ADA
committee met in May and approved the list. Focus is on 11a St. corridor.
· City crews began installing the ramps this month
Jeff Shea, Senior Engineer
7/27/00
ENGINEERING DIVISION
UTILITY PROJECT UPDATE
July 2000
W650 ZONE IMPROVEMENTS
· Staff are currently negotiating a scope of work and budget for final design of these
improvements. This contract will be presented to Council for consideration in the coming
weeks.
W540 ZONE IMPROVEMENTS
Staff are developing the interlocal agreement to create an intertie with the City of Port
Orchard to provide fire flow service to this new zone. Once finalized, it will be presented to
Council for consideration. Staff are also negotiating a scope of work and budget for final
design of these improvements. This contract will be presented to Council for consideration
in the coming weeks. Construction of this project is anticipated to begin in the fall.
ANDERSON COVE CSO
Staff are working on the design of improvements to overflows 10 and 11. Once design is
complete, this work will be constructed by City Forces.
PUMP STATION CW-2 UPGRADE
* Final paving and installation of the guardrail was performed the week of July 24th.
SNYI)ER AND OHIO AVENUE SEWERS
· Final paving of Snyder and Ohio Avenues was performed the week of July 24~.
CSO REDUCTION PLAN UPDATE
· The consultant and the City continued to develop alternatives for conveyance of CSOs to the
new treatement plant. These alternatives will become a part of the CSO Reduction Plan
update. The Draft CSO Reduction Plan Update is scheduled to be available in August.
RESERVOIR NO. 4 - OUTLET PIPE AND COVER REPLACEMENT
· The consultant is finalizing bid documents for this project. Construction of this project has
been delayed until the spring of 2001 due to concerns over construction running into the
winter months. The project is scheduled to bid in October of this year with construction to
begin in March of 2001.
QUARRY STREET BOOSTER PUMP STATION
· The City has graded the booster pump station site, and is awaiting receipt of the pump and
other equipment which are scheduled to arrivethe week of July 31, 2000. The station will be
constructed by City Forces, and is anticipated to be operational by the end of August, 2000.
Monthly Utility Project Update -i -
TRACYTON WATER DISTRICT - WATER SYSTEM UPGRADE
· The City and the consultant developed several recommendations for modifications to the
final design. The City has received the 40% design product and is completing comments at
this time. Comments will be sent to the consultant the week of July 31, 2000 for
incorporation into the final design. It is anticipated that this project will be constructed in
2001.
Monthly Utility Project Update -2-
SR304 TRANSPORTATION IMPROVEMENT PROJECT
Monthly Report
July 2000
GATEWAY PHASE: Montgomery Avenue to Porter Street
RIGHT OF WAY
· No change in status. There are seven properties within the Gateway Phase
(Porter Street to Montgomery Avenue) that were obtained through possession and
use agreements. Condemnation/negotiations are still proceeding on those
properties.
PUBLIC OUTREACH
· No activity this month. Information on traffic control measures for the Gateway
Phase construction and updates on project funding and schedule will be provided
soon through "Inside Bremerton" and other communications.
LANDSCAPE COMMITTEE
· No new activity.
CONSTRUCTION
Overview
The project is being constructed in three stages. The contractor, Stan Palmer
Construction, is currently working on Stage 1, which constructs the majority of the
roadway between Porter Street and First Street. Prior to beginning Stage 2, from
First Street to Montgomery Avenue, which includes transitioning traffic onto the
new Stage 1 roadway, the signal at the new Farragut Street and Charleston
Boulevard must be operational. There is a 4 to 5 month signal equipment delivery
time. The earliest that Stage 1 can be opened to traffic is late October or
November. Because of anticipated inclement weather, the contractor is currently
proposing that the project be shut down for the winter and Stage 1 be opened to
traffic in the spring of 2001. Stage 2 work would then begin. Stage 3 work
completes the connection to Farragut Street for PSNS. Stage 3 work could occur
concurrently with Stage 2 work.
SR304 Transportation Improvement Project Page 1
· STAGE 11 Porter Street to First Street1 Activities The majority of the curb and
gutter installation is completed. Paving of the roadway is scheduled for early
August. Electrical work, including placement of conduits and foundations for the
street lighting and signal system, will be ongoing through the end of August. The
alleys adjacent to the project are scheduled to be finished in early August.
Sidewalk, irrigation and topsoil placement will continue through August.
Placement of plants will begin in the middle of September and should be
completed by the end of October. The "Welcome to Bremerton" sign, to be located
at the new Charleston Boulevard and Farragut Street, is under construction.
· Change Orders to date total $123,423.36. The attached spreadsheet details the
current change orders. $126,576.64 remains in change order authority from the
$250,000 approved by the City Council.
NAVY YARD HIGHWAY PHASE: Stage 1 - Porter Street to Missouri
Gate/Charleston Beach Road Intersection
FUNDING
· No change
DESIGN AND RIGHT-OF-WAY
· Appraisals are being prepared on the nineteen properties that will be impacted by
the acquisition process. The project has been surveyed and base drawings are
being completed.
Project File: COMM/PPJ3.2
Lynn Price, Project Manager
SR304 Transportation Improvement Project Page 2
PROJECT CONTRACT CHANGE ORDER LOG
CITY OF BREMERTON SR 304 TIP
DEPT. OF PUBLIC WORKS UTILITIES THE GATEWAY PHASE
ENGINEERING DIVISION PROJECT NO. A420452
CHANGE
ORDER AMOUNT
NO. CHANGE ORDER DESCRIPTION APPROVED
1 Additional draina~le along landscaped area west of Farragut $ 2,088.26
2 Use of Common Borrow for landscaping areas - Underestimated quantity $ 45,861.87
3 Paving portion of alley north of Coontz, west of Wycoff $ 6,296.00
4 Adding quantitie? for brushed finish sidewalks and gates for alley fences.. $ 28,468.88
' 5 Cement Concrete Barrier'Curb - Underestimated quantity $ 9,920.00
6 Concrete cap for existing shallow 24" water line on Rodgers Street $ 2,989.45
7 Utility conflicts require shallow reinforced concrete pipe for Wycoff Avenue $ 16,068.78
8 Change heads for pedestrian signals to full LED from hybrid LED/neon $ 2,247.42
9 Force Account work from 5/11/00 to 6/07/00 $ 2,049.12
10 Use of "Funny Pipe" instead of Marflex elbows $ (300.90)
11 Revision to Irrigation system $ 990.00
12 Replace two existing streetlight bases with new bases $ 6,744.48
Total of Changes $ 123,423.36
Change Order Authority $ 250,000.00
Remainder of Change Order Authority $ 126,576.64
PUBLIC WORKS & UTILITIES ADMINISTRATION
PROJECT UPDATE
JULY 2000
EVERGREEN PARK---PHASE II REMEDIATION & PARK EXPANSION
· Presemly, the 90% Specifications and Plans are near completion this report period. Upon
completion, the 90% Specifications and Plans will be transmitted to the following emities for
final comments including the city Parks & Recreation, Planning Department and Public Works
Engineering Division, state Department of Ecology and Fish & Wildlife, and Army Corps of
Engineers.
· As of June 2000 report period, the required Biological Assessment Report was submitted to the
Corps of Engineers (COE) for the Nationwide Permit and Hazardous Waste Permit. These
permits are necessary to do "bank stabilization" and "cover cut pier pilings with pea gravel" in
Smith Cove.
According to the COE representative this report period, the permit process
for the scheduled "over-water and in-water" work will take approximately 72-working days for
approval. The 72-working day permit approval by COE will directly impact the planned
"bank stabilization and cover cut pier pilings with pea gravel" work until late December 2000.
· The park expansion updated schedule with the postponement of the '"oank stabilization" and
"cover cut pier pilings with pea gravel" is as follows:
· :o Advertise for Bid, the week of September 4~;
· :- Bid Opening, week of October 2na; and
· ~- Notice To Proceed, the week of October 23ra (120-calendar day contract).
· Attached is the "Evergreen Park Phase II Project Expenditures-To-Date (7/31/2000) and
Funding Sources".
WARREN AVENUE "CARPENTER FIELD" IMPROVEMENTS
· Bids were opened on Tuesday, July 25, 2000 for the Warren Playfield. A total of two (2)
bids were received for this project. The apparent low bidder is Golf Landscaping &
Construction, Inc. from Puyallup, WA for the lump sum amount of $87,600.00. The estimated
cost was between $82,000 and $86,000.
· Bid Award by City Council is anticipated for Wednesday, August 9th.
· Actual construction is anticipated to begin the week of August 28m (65-calendar day contract).
7//00/djm
EVERGREEN PARK PHASE II EXPENDITURES- TO- DATE (713112000) I
CONTRACT REMEDIATION PARK EXPEDITURES-
DESCRIPTION AMOUNT *ECOLOGY/CITY *lAC/CITY TO-DATE
Consultants:
Exponent $455,646 $393,183 $393,183
Parametdx, Inc. $347,545 $249,513 $27,941 $277,454
Contractor:
Bldg. Removal &
Site Preparation $70,280 **$89,474 $89,474
**Cost includes Contracted Work + Ancillary Costs + Contingency
Project Admin. $40,000 $22,120 $4,729 $26,849
Total Expenditures To Date: *$754,290 *$32,670 $786,960
'50150 Split *50/50 Split
I EVERGREEN PARK PHASE II - FUNDING SOURCES I
REMEDIATION PARK
PROJECT BUDGET: *ECOLOGY/CITY lAC TOTAL
Exponent- Sampley memo 9/8/99 $2,200,000 $800,000 $3,000,000
FUNDING SOURCES:
DOE Grant (50% Match to Local Funds*) $1,100,000 $1,100,000
lAC Grant (50% Match to Local Funds*) $300,000 $300,000
Rotary Club Donation $100,000 $100,000
NET TO BE PAID BY CITY: $1,100,000 $400,000 $1,500,000
ROOSEVELT TRUST FUND
AVAILABLE IN FY 2000 $600,000 $600,000
ADDITIONAL AVAILABLE ON 2001 $150,000 $150,000
SMITH SCHOOL PROPERTY SALE $150,000 $150,000
REAL ESTATE EXCISE TAX FUND
AVAILABLE IN FY 2000 $200,000 $400,000 $600,000