HomeMy WebLinkAbout08/15/2018 AGENDA PACKETCITY COUNCIL 345 6"' Street, Suite 100, Bremerton, WA 98337 I Phone (360) 473-5280
AUGUST 15, 2018
CITY COUNCIL MEETING AGENDA
BRIEFING: 5:00 to 5:30 P.M.
A. Review of Agenda
B. General Council Business
2. CALL TO ORDER: 5:30 P.M.
A. Pledge of Allegiance
B. Invocation
in COUNCIL CONFERENCE ROOM 603
in the FIRST FLOOR CHAMBERS
3. SWEARING-IN CEREMONY FOR POLICE CHIEF JAMES BURCHETT
4. MAYOR'S REPORT
5. PUBLIC RECOGNITION
6. CONSENT AGENDA
A. Claims & Check Register
B. Minutes of Meeting —August 1, 2018
C. Minutes of Study Session — August 8, 2018
D. Purchase of Nine (9) Ford Police Interceptors from Columbia Ford of Longview, WA; with
Safety Equipment Installation; and related Budget Adjustment
E. Temporary Construction Easement with Austin Family Properties LLC for Bucky's Auto
Repair Driveway Construction (Highway Safety Improvements Phase 2 Project)
F. Stormwater Financial Assistance Program Grant with the Washington State Department of
Ecology for the E. 11th Street Stormwater Treatment Retrofit Design
G. Stormwater Financial Assistance Program Grant with the Washington State Department of
Ecology for the Marine Drive & Kitsap Way Stormwater Low Impact Development (LID)
Treatment Retrofit Construction
H. Stormwater Financial Assistance Program Grant with the Washington State Department of
Ecology for the High Efficiency Compact Vacuum Sweeper
7. GENERAL BUSINESS
A. Acceptance of the Lodging Tax Advisory Committee's Recommendations for FY -2019
Funding Allocations
8. COUNCIL MEMBER REPORTS
9. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING
®Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special
accommodations please contact the City Clerk at (360) 473-5323 at least 24 hours prior to the Meeting.
POLICE CHIEF
OATH OF OFFICE
STATE OF WASHINGTON
COUNTY OF KITSAP
1, James Burchett solemnly swear that I am a Citizen of the United States
and of the State of Washington;
That I will support the Constitution of the United States and the Constitution
and Laws of the State of Washington;
That I will abide by the Code of Ethics and Conduct as set forth in the Police
Operations Manual;
And will, to the best of my judgment, skill and ability, truly, faithfully,
diligently and impartially perform the duties of the position of Chief of Police,
in and for the City of Bremerton, Kitsap County, Washington, as such duties
are prescribed by law.
ffrfis Burchett
, nicipal Court judge, City of Bremerton
BREMERTON CITY COUNCIL
MEETING SPEAKERS LIST
If you wish to provide COMMENT tonight, please print your NAME below
Only include CONTACT info if you wish to receive a response...
NAME
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Thank you for participating in your local City Government!
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Schedule of Events Lions Park
Check In Noon 251 Lebo Blvd Saturday, Sept 08, 2018
Walk, Run, & Roll 1 Mile at 1:00 Bremerton, WA 98310
Register or Donate by Mail: Mail form to BIAWA PO Box 3044, Seattle, WA 98114
on-site Reglstradon: We are so glad you could make itl Registration begins at NOON
First Name
Last Name
Phone Number Emaii Address
Would you like future e-mail updates from us? _Yes _No
Mailing Address
City, State Zip
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I am participating in honor/memory
This event is Free! If you would like to make a donation to the Kitsap Support Group:
Method of Payment: ❑Cash Enclosed []Check Enclosed
Make Checks Payable to: BIAWA—Kitsap P.O. Box 3044, Seattle, WA 98114
I would like to include an additional Donation nf $
Total Payment $
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anm
WASMGMN
WAIVER: 1 hereby waive all claims against Kksap County Support Group for any injury that I may suffer from my participation in this event. grant full
permission for organizers to use photographs, videotapes, recordings, or any other record of this event in which I may appear for any legitimate rea-
son.
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Date
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SUBJECT: Claims & Check Register
SUMMARY:
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
Study Session Date:
N/A
COUNCIL MEETING Date:
August 15, 2018
Department:
Legal Services
Presenter:
Angela Woods
Phone:
(360)473-5323
Approval of the following checks and electronic fund transfers:
1) Check #'s 380416 through 380646 and EFT's V18807 through V18857 in the amount of
$2,397,804.99.
2) Regular Payroll for the pay period ending July 31, 2018 in the amount of $855,355.84.
ATTACHMENTS:
FISCAL IMPACTS (Include Budgeted Amount):
STUDY SESSION AGENDA: x❑ Limited Presentation ❑ Full Presentation
STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION:
Move to approve the consent agenda as presented.
COUNCIL ACTION: ❑ Approve
Form Updated 01/02/2018
❑ Deny ❑ Table ❑ Continue ❑ No Action
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL 6B
SUBJECT: Minutes of Meeting — August 1, Study Session Date: N/A
2018 COUNCIL MEETING Date: August 15, 2018
Department: City Council
Presenter: Council President
Phone: (360) 473-5280
SUMMARY: The Minutes of Meeting held on August 1, 2018 are attached.
ATTACHMENTS: Meeting Minutes
FISCAL IMPACTS (Include Budgeted Amount): None
STUDY SESSION AGENDA: ❑ Limited Presentation ❑ Full Presentation
STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION:
Move to approve the August 1, 2018 Meeting Minutes as presented.
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
Form Updated 01/02/2018
DIGITAL RECORDING
CITY COUNCIL MEETING MINUTES
Wednesday, August 1, 2018
The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday,
August 1, 2018, at 5:00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT
CENTER, 345 6t" Street, Bremerton, Washington, with Council Vice -President Richard Huddy
presiding. Council Members present were Michael Goodnow, Tony Hillman, Kevin Gorman, Leslie
Daugs, and Pat Sullivan. Council President Eric Younger was absent. Also present were Assistant
City Attorney Kylie Purves; City Clerk Angela Woods; Legislative Assistant Lori Smith; and Kevin
Matthew, Information Services Manager.
A COUNCIL BRIEFING was held to discuss General Council Business at 5:00 PM in the Council
Conference Room. At 5:30 PM the meeting moved to the Meeting Chambers.
The Pledge of Allegiance was led by Council Member Pat Sullivan followed by the invocation
provided by Reverend Paul Meeker of Our Saviour's Lutheran Church.
MAYOR'S REPORT— Mayor Wheeler...
• Considers Affordable Housing one of his most important initiatives;
• Encouraged citizens to take the "SR -303 Study" survey that is now underway on-line;
• Bob Battin introduced the 2018 Kure Japan Exchange Students, as well as their host families;
• Matthew Coyne of Impark discussed enforcement of Bremerton motorcycle Parking Policies.
PUBLIC RECOGNITION
David Raymond provided follow-up comments on Bremerton's motorcycle Parking Policies, as well
as the specific issue that prompted the discussion.
Jack Stanfill, Chico Creek Taskforce, was looking for answers to questions he asked previously.
Public Works Director Chal Martin stated that he will look into this issue and provide a response.
Joe Cosgrove encouraged the City of Bremerton to discuss motorcycle parking policies with the
State Legislature to support laws that are consistent with all Washington State cities.
Bernie Walldbillig of Susanne Antiques, announced that he and his spouse Susanne are retiring,
closing their business and moving out of state, but that they enjoyed their time while in Bremerton.
Brad Gehring mentioned that he rides motorcycles, and doesn't see a problem in Bremerton with
enforcement of motorcycle parking laws, but acknowledged there is still an overall parking problem.
Michael Shoemaker expressed his concern about the problems at Kitsap Lake. Leslie Daugs, Chair
of the Public Safety & Parks Committee provided a summary on how the issue will be addressed.
Mayor Wheeler provided closing comments on the issue of motorcycle parking policies, and offered
further review of the issue in the near future.
CONSENT AGENDA
5A — Claims & Check Register: Check Numbers 380230 through 380415 and EFT -V18762 through
EFT -V18806 in the amount of $2,279,092.02; Regular Payroll for the pay period ending July
15, 2018 in the amount of $803,018.41; and Retiree Payroll for the pay period ending July 31,
2018
5113— Minutes of Meeting —July 18, 2018
5C — Minutes of Study Session — July 25, 2018
City Council Reg. Mtg. Minutes
Wednesday, August 1, 2018
Page 2of3
5D— Confirm Reappointment of Anna Laurie to the Bremerton Citizen's Commission on Council
Salaries
5E— Authorize Hire of Cami Apfelbeck to the Position of Water Utility Manager at Pay Band 16,
Rate 5 of the 2018 Management & Professional Salary Plan
5F — Professional Services Agreement with Varsity Facility Services for Janitorial Services at six (6)
City Locations
5G — Purchase of Bulk Low Salt 12.5% Sodium Hypochlorite Solution from HASA, Inc. for the
Westside Wastewater Treatment Plant
5H — Interagency Agreement with Washington State Department of Natural Resources for Wildland
Fire Protection
There were no questions or comments from the public...
06:16:05 M/S/C/U (Sullivan/Gorman) Move to approve the CONSENT AGENDA as presented.
Cami Apfelbeck thanked the City Council for their vote of confidence, and looked forward to working
with them, and for the City of Bremerton.
GENERAL BUSINESS — There are no General Business items tonight
PUBLIC HEARING
6A — PUBLIC HEARING AND ORDINANCE NO. 5351 TO AMEND CHAPTER 20.70 OF THE
BREMERTON MUNICIPAL CODE RELATING TO THE DISTRICT CENTER CORE ZONE MIXED —
USE DEVELOPMENT: Allison Satter, Senior Planner explained that the action before Council is to
conduct a Public Hearing and adopt an Ordinance amending Bremerton Municipal Code (BMC) Title
20 related to providing flexibility for phased -in mixed use development within the District Center Core
(DCC) zone. In the DCC zone, any structure containing a residential use which fronts a public street
is currently required to provide a percentage of the building linear frontage to be designed to
accommodate pedestrian oriented uses that activate the sidewalk, such as commercial or retail uses.
The proposed flexibility allows the building to be developed as any allowed use within the zone
(including residential -only buildings) provided that a percentage of ground -floor area is designed so it
can easily be converted to a pedestrian oriented use, such as commercial or retail use, at a future
date. Ms. Satter provided a PowerPoint presentation to highlight further details of the ordinance.
Vice -President Hudd v opened the public hearing...
Priscilla Bailey provided comments in support of the proposed ordinance.
With no further comments received, Vice -President Hudd v closed the Hearing to the public; and
opened for discussion with the Council...
06:26:49 Motion was made by Gorman, and seconded by Daugs... Comments were provided by
Daugs; questions were asked by Gorman and Hillman; with responses provided by Ms. Satter...
06:31:19 M/S/C/U (Gorman/Daugs) Move to pass Ordinance No. 5351 to amend Chapter 20.70 of the
Bremerton Municipal Code related to the District Center Core Zone Mixed -Use Development.
COUNCIL MEMBER REPORTS
Pat Sullivan invited volunteers to help pull weeds at the next Lions Park Work Party on Saturday,
August 11 from 10:00 AM to Noon; and announced the full closure of the Manette Bridge by WSDOT
from Monday, August 20 beginning at 9:00 AM through the afternoon of Thursday, August 23.
City Council Reg. Mtg. Minutes
Wednesday, August 1, 2018
Page 3 of 3
Leslie Daugs shared the 2018 Summer Food Service Program for Children; and announced the 3rd
Annual Pacific Islander Festival on Saturday, August 25 beginning at 11:00 AM at Pendergast
Regional Park with music, food, and vendors.
Kevin Gorman expressed his support for the protest to bring attention to parking issues held earlier
today by the motorcycle riders; was pleased to hear that Council Meetings are now being Live
Streamed; thanked Public Works Director Chal Martin for the fun and interesting Public Works Tour
organized by him and his staff; announced the Manette Edible Garden Tour on Saturday, August 4
from 10:00 AM to 2:00 PM; and also the next few "Rock the Dock" summer concerts at 5:00 PM on
the Louis Mentor Boardwalk.
Tony Hillman announced that the free Olympic College Speaker Series continues on Thursday,
August 2 from 6:30 to 7:30 PM at the College Instruction Center Building Theatre with featured
speaker S'Klallam Tribal Elder Darlene Peters. He also thanked Chal Martin and his staff for the tour.
Michael Goodnow also enjoyed the Public Works Tour, and thanked everyone who participated. He
announced the First Friday Art Walk this week, and the Kitsap Wine Festival on Saturday, August 11.
Richard Huddy announced an Alumni Reception with University of Washington President Ana Marie
Cauce on Monday, August 6 from 5:00 to 6:30 PM at the Kitsap Conference Center; the National
Night Out Event on Tuesday, August 7 from 5:00 to 8:00 PM at the Marvin Williams Center; and
encouraged the community to vote in the Primary Election on Tuesday, August 7. He also reported
on the 2018 Council's Goals & Priorities, which includes a goal for "Quality Affordable Housing" to be
discussed in further detail by the Council Members at the August 8 Study Session.
With no further business, Vice -President Huddy adjourned the Council Meeting at 6:48 PM
Prepared and Submitted by:
LORI SMITH
Legislative Assistant
APPROVED by the City Council on the 15th day of August, 2018.
ERIC YOUNGER, City Council President
Attest:
ANGELA WOODS, City Clerk
EY:AW:ls:cg
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Minutes of Study Session — Study Session Date: N/A
August 8, 2018 COUNCIL MEETING Date: August 15, 2018
Department: City Council
Presenter: Council President
Phone: (360) 473-5280
SUMMARY: The Minutes of Study Session held on August 8, 2018 are attached.
ATTACHMENTS: Meeting Minutes
FISCAL IMPACTS (Include Budgeted Amount): None
STUDY SESSION AGENDA: ❑ Limited Presentation ❑ Full Presentation
STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION:
Move to approve the August 8, 2018 Study Session Minutes as presented.
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
Form Updated 01/02/2018
DIGITAL RECORDING
CITY COUNCIL STUDY SESSION MINUTES
Wednesday, August 8, 2018
A Study Session of the City Council of the City of Bremerton was called to order in the Council
Conference Room of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton,
Washington, Wednesday, August 8, 2018, at 5:00 PM, with Council President Eric Younger
presiding. Council Members present were Richard Huddy, Michael Goodnow, Tony Hillman,
Kevin Gorman, and Pat Sullivan. Council Member Leslie Daugs was absent; and Lori Smith,
Legislative Assistant, was present to provide staff support.
President Younger emphasized that the Study Session is open to the public, but there will be
no opportunities for input or participation; no action is anticipated except when deemed
appropriate; and the content of these items is subject to change. If approved by the Council,
items will be placed on the August 15, 2018 City Council Meeting Agenda
A. LIMITED PRESENTATION PLANNED —The following items are budgeted items or subjects
that have been raised with the appropriate Council Committee Members:
1. Purchase of Nine (9) Ford Police Interceptors from Columbia Ford of Longview, WA;
with Safety Equipment Installation; and related Budget Adjustment ConsentAgenda
2. Temporary Construction Easement with Austin Family Properties LLC for Bucky's Auto
Repair Driveway Construction (Highway Safety Improvements Phase 2 Project)
Consent Agenda
3. Stormwater Financial Assistance Program Grant with the Washington State
Department of Ecology for the E. 11th Street Stormwater Treatment Retrofit Design
Consent Agenda
4. Stormwater Financial Assistance Program Grant with the Washington State
Department of Ecology for the Marine Drive & Kitsap Way Stormwater Low Impact
Development (LID) Treatment Retrofit Construction Consent Agenda
5. Stormwater Financial Assistance Program Grant with the Washington State
Department of Ecology for the High Efficiency Compact Vacuum Sweeper Consent
Agenda
6. Application for the Community Development Block Grant (CDBG) for Accessibility
Improvements at Evergreen Rotary Park Information Only
7 Drepesed Di ihw+ uoaripgs (2) „r, Telecommunication Tower Option and Lease
Agreement with Vertical Bridge Development, LLC for Forest Ridge Park Update
Only; Item Pulled
B. BRIEFINGS & FULL PRESENTATIONS
1. Acceptance of the Lodging Tax Advisory Committee's Recommendations for FY -
2019 Funding Allocations General Business
C. EXECUTIVE SESSION
h �h _ii,,,A,od - -r„dor Dr W 42 3Q 1 4 nig vi) Item Pulled
President Younger called for a break from 6:50 to 7:00 PM...
City Council Study Session Minutes
Wednesday, August 8, 2018
Page 2 of 2
D. GENERAL COUNCIL BUSINESS
1 Di ihlin Safet,i Q_ PaFks ( e.m.rvmi4400 QYiefiR r (818118 Meeting Cancelled
2. Council Discussion on Affordable Housing — Council President Eric Younger
3. General Council Business was discussed.
With no further business, President Younger adjourned the Council Study Session at 8:30 PM.
Prepared and Submitted by:
LORI SMITH, Legislative Assistant
APPROVED by the City Council on the 15th day of August, 2018.
ERIC YOUNGER, City Council President
Attest:
ANGELA WOODS, City Clerk
EY:AW:ls:cg
AGENDA BILL
CITY OF BREMERTON D
CITY COUNCIL
SUBJECT: Purchase of Nine (9) Ford
Police Interceptors from Columbia Ford of
Longview, WA; with Safety Equipment
Installation; and related Budget Adjustment
Study Session Date: August 8, 2018
COUNCIL MEETING Date: Auaust 15. 2018
Department:
Presenter:
Phone:
PW&U / ERR
Milenka Hawkins -Bates
(360) 473-5333
SUMMARY: The City last week received the news that Ford is changing their police vehicle
program platform and all police orders for 2019 cars must be in by Sept. 1, 2018. Staff has identified
three cars that need to be replaced in 2019 and then an additional six cars need to be purchased for
adequate coverage for the vehicle take home program.
The total cost for the nine vehicles plus associated safety equipment per quotes is $546,344.19
including Washington State sales tax. We will be utilizing State Contract No. 05916.
ATTACHMENTS: 1) Quote from Columbia Ford; 2) Parts Quote for Safety Equipment;
3) Justification Memo
FISCAL IMPACTS (Include Budgeted Amount): The 2018 police personnel budget anticipates a
minimum savings of $440,000 due to vacancies. Staff is requesting a budget adjustment to reallocate
$440,000 from personnel to supplies and services as an equipment interfund charge; with an
additional $106,344.19 coming from ending fund balance within the General Fund. The total ERR
budget increase (Fund 510) is $546,344.19.
STUDY SESSION AGENDA: 0 Limited Presentation ❑ Full Presentation
STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION: Move to approve purchase of nine Vehicles plus associated safety
equipment per quotes in the amount of $546,344.19 including Washington State sales tax. And
approve a budget adjustment of $546,344.19 as described above under Fiscal Impacts.
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
Form Updated 01/02/2018
Charles Ernst
From: NOREPLY@des.wa.gov
Sent: Thursday, July 26, 2018 12:57 PM
To: Charles Ernst
Cc: Steve.Hatfield@des.wa.gov
Subject: Vehicle Quote - 2018-7-303 - BREMERTON, CITY OF - 21801
Vehicle Quote Number: 2018-7-303 Create Purchase Request View_or0anl7ation purchase requests
This is a quote only. You must create a purchase request to order this vehicle(s)
Contract & Dealer Information
Contract #: 05916
Dealer: Columbia Ford (W403)
700 7th Avenue
Longview WA 98632
Dealer Contact: Marie Tellinghiusen
Dealer Phone: (360) 423-4321 Ext: 187
Dealer Email: orders@colford.com
Organization Information
Organization: BREMERTON, CITY OF - 21801
Email: charles.ernst@ci.bremerton.wa.us
Quote Notes: leave front and rear partition top portion loose. key number 1284x 1 service wiring diagram
Vehicle Location: ORTING
Color Options
Agate Black (UM) - 9
Tax Exempt: N
Vehicle Options
OCode de Option Description
2019-0506-001 2019 Ford Police Interceptor AWD Pursuit -Rated Utility/SUV (K8A/500A)
2019-0506-016 Front Headlamp Housing Only (includes pre -drilled hole for side marker police use and pre -molded side
warning LED holes with standard sealed capability)(does not include LED installed lights) (Headlamps
will not wig -wag) (Not available with Ready for the Road Package #67H)(86P)
Qty Unit Price Ext. Price
9 $29,394.00 $264,546.00
9
2019-0506-018 Tail Lamp/Housing Only (Includes pre-existing holes with standard twist lock sealed capability) (does 9
not include LED installed lights) (Not available with Tail Lamp Lighting Solution #66B or Ready for the
Road Package #67H) (86T)
2019-0506-024 Side Marker LED, Sideview Mirrors (Driver side - Red / Passenger side - Blue) (Located on backside of
exterior mirror housing) (LED lights only. Wiring and controller "not" included.) (Must also order Pre -
wiring for grille lamp, siren and speaker #60A) (63B)
$124.00 $1,116.00
$60.00 $540.00
9 $290.00 $2,610.00
2019-0506-025 Rear Quarter Glass Side Marker LED Lights (Driver side - Red / Passenger side - Blue) (63L) 9 $574.00 $5,166.00
2019-0506-030 Pre -Wiring for grille LED lights, siren and speaker (60A)
2019-0506-034 Dome Lamp - Red/White in Cargo Area(17T)
2019-0506-035 Daytime Running Lights (942)
1
9 $52.00 $468.00
9 $51.00 $459.00
9 $45.00 $405.00
2019-0506-037 Police Silent Mode (when activated, courtesy lamps and daytime running lights are disabled) (Must also 9 $20.00 $180.00
order Daytime Running Lights #942) (43L)
2019-0506-038 Police Engine Idle Feature (when activated, allows the key to be removed from ignition while vehicle 9 $260.00 $2,340.00
remains idling, which allows driver to leave the engine running and prevents vehicle from unauthorized
use when driver is outside of the vehicle) (47A)
2019-0506-040 BLIS Blind Spot Monitoring with Cross -Traffic Alert (also includes Heated Sideview Mirrors 9 $543.00 $4,887.00
#549)(55B/54Z)
2019-0506-044 Doors/Locks: Rear Door Handles Inoperable / Locks Inoperable (68G) 9 $35.00 $315.00
2019-0506-048 SYNC Basic Voice -Activated Communications System (includes single USB port and single auxiliary audio 9 $294.00 $2,646.00
input jack) (53M)
2019-0506-049 Remappable (4) switches on steering wheel (if ordered with SYNC, includes Voice Button) (61R/61S)
2019-0506-051 Reverse Sensing System (76R)
2019-0506-055 Fleet Keyed Alike (Call dealer for available key codes) (NEW - allowed to also order Remote Keyless
Entry #55F) (KEY)
2019-0506-056 Rear Console Plate (wiring conduit from front console plate to rear seat) (Included with Ready for the
Road Package) (N/A with Interior Upgrade Package #65U or Front Console Plate Delete #85D) (85R)
2019-0506-059 Spot Lamp, LED Bulb, Driver Only (Unity) (51R)
2019-0506-070 Deflector Plate (std on EcoBoost engine) (76D)
2019-0506-084 Two -Tone Vinyl Wrap Package #1, White (Roof, RH/LH Front Doors, RH/LH Rear Doors) (91A)
2019-0506-205 Service Wiring Diagram, Paper (DLR)
2019-0506-206 Mud Flaps, HD Plastic (Set of 4) (DLR)
2019-0506-207 Undercoating (wheel wells) (DLR)
2019-0506-212 Push Bumper Upgrade, HD Fender Wraps (Pit Bars) (Setina PB5) (Must also order a Setina Push
Bumper) (Not compatible with Ford's Front Warning Auxiliary Light #21L) (DLR)
2019-0506-214 Push Bumper, Lighted Pursuit, Front/Side Red/Blue LEDs (Setina PB450L4) (DLR)
2019-0506-218 Door Panels, Rear Doors (TPO, Setina) (Must also order Hidden Door Lock Plunger or Inoperable Rear
Door Locks #67H, #68G, #52H or #52P) (DLR)
2019-0506-220 Window Barriers, Rear Doors, Polycarbonate Panels (Setina) (Must also order Hidden Plunger or
Inoperable Rear Door Locks #67H, #68G, #52H or #52P) (DLR)
2019-0506-223 Partition, Front Horizontal with Sliding Polycarbonate Window, including Recess Panel (Setina 10VSRP)
(DLR)
2019-0506-225 Partition, Front - Tallman Upgrade (allows additional seat recline for driver) (Must also order a front
partition) (Setina T) (DLR)
2019-0506-227 Weapons Mounting System, DUAL [Standard Shotgun Lock and Adjustable Universal Lock with key
override and timer] (Must also order Front Partition w/ Recess Panel #10VSRP) (DLR)
2
9 $155.00 $1,395.00
9 $274.00 $2,466.00
9 $51.00 $459.00
9 $35.00 $315.00
9 $394.00 $3,546.00
9 $334.00 $3,006.00
9 $837.00 $7,533.00
9 $87.00 $783.00
9 $90.00 $810.00
9 $125.00 $1,125.00
9 $384.00 $3,456.00
9 $974.00 $8,766.00
9 $213.00 $1,917.00
9 $210.00 $1,890.00
9 $742.00 $6,678.00
9 $20.00 $180.00
9
$349.00 $3,141.00
[2019-0506-232 Partition, Rear - Polycarbonate Panel (Setina 12VS/P) (DLR) 9 $441.00 $3,969.00
2019-0506-233 Seat, Setina HD TPO Full Replacement Rear Prisoner Transport Seat (includes Center -Originating Seat 9 $813.00 $7,317.00
Belts with Docking Buckles on front partition) (Factory seat shipped loose in cargo area) (Must also
order Setina Rear Partition 12VS or 12VS/P) (DLR)
Quote Totals
N1,8aCI,II
bo
3
Total Vehicles: 9
Sub Total: $344,430.00
8.4 % Sales Tax: $28,932.12
Quote Total: $373,362.12
"?,'qt(/ 4m),(Z
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Vehicle Standard Specifications And Additional Information
Vehicle: 2019 Ford Police Interceptor AWD Pursuit -Rated Utility SUV
Contract #: 05916 - Motor Vehicles
Dealer: Columbia Ford
Vehicle Standard Specifications And Additional Information
Page 1 of 3
Specification Description
Specification
Base vehicle description: 2019 Ford Police Interceptor
K8A
AWD Pursuit -Rated Utility/SUV
Trim Level: Police Standard
500A
Engine: 3.71, V6 Ti -VCT Police -Calibrated Engine
99R
Horsepower/Torque: (304 HP)(279 Ft. Lbs. TQ @
STANDARD
4000rpm)
GVWR: 1,630# Payload
STANDARD
Average MPG (US Dept of Energy): 15 city / 20 highway
INFO
(2018MY)
Transmission: 6 -Speed Automatic Police -Calibrated
44C
Transmission (Column Shifter)
Front Door Lock Cylinders (Driver/Passenger) or Remote
Keyless Entry (Qty 4): Exterior Key Locks: Driver, Front
STANDARD
Passenger and Liftgate (4 Keys)
Spare tire (Full Size, Mini Size, No, Available as option):
STANDARD
Full -Size Spare Tire with TPMS
Tires & Wheels: 245/55R 18 All -Season BSW Tires; HD
Steel Wheels, 18in x 8.0, painted black, vented with
STANDARD
center cap
Tire Chain/Traction Devise Compatible. Describe: For
police utility, use only SAE Class S snow chains, snow
INFO
cables or equivalent on the front axle for 245/55 R18
equipped vehicles
Seating configuration: Front Cloth Buckets (built-in steel
intrusion plates in front seat backs), 6 -Way Power
TT9W
Adjustable Drivers Seat with Manual Lumbar, Rear Vinyl
60/40 Split
Flooring material: HD Thermoplastic Elastomer
STANDARD
Battery/Charging system: HD 78 -Amp 750CCA Battery,
STANDARD
HD 220 Amp Alternator
Fuel Tank Capacity Gallons: 18.6 Gallon Fuel Tank
STANDARD
Rear Axle Ratio: 3.65 Axle Ratio
STANDARD
Ground Clearance: Not available
INFO
Skid Plates: Optional
OPTIONAL
Air Bags: Airbags: Driver and Front Passenger, Side Seat,
STANDARD
Roll Curtain Airbags and Safety Canopy
Fleet deviations from retail: None, Fleet -Only Vehicle
INFO
https://fortress.wa.gov/ga/apps/CARSNehicleSpecifications.aspx?id=1184 7/26/2018
Vehicle Standard Specifications And Additional Information
Page 2 of 3
75 -MPH Rear End Crash Tested (the full-size spare tire
STANDARD
secured in the factory location is necessary to achieve
police -rated 75 -mph rear impact crash -test performance
attributes)
All -Wheel Drive (AWD) Drivetrain
STANDARD
4 -Wheel HD Disc Brakes with HD Front and Rear
Calipers, ABS Anti -Locking Braking System with
STANDARD
Traction Control
HD Electric Power -Assist Steering (EPAS)
STANDARD
Cooling System: HD Large, High -Volume Radiator,
STANDARD
Engine Oil Cooler and Transmission Oil Cooler
Engine Hour Meter
STANDARD
Two (2) 50 -amp battery ground circuits - power
distribution junction block - repositioned behind 2nd row
STANDARD
passenger seat floorboard
Rear bumper step pad
STANDARD
Sun Visors, non -illuminated
STANDARD
SOS Post Crash Alert System
STANDARD
Power Pigtail Harness
STANDARD
Two-way radio pre -wire
STANDARD
Power Adjustable Pedals
STANDARD
Cloth Headliner, Easy to Drop
STANDARD
Rearview Camera with Washer (video displays in
rearview electrochromic mirror) (option available to view
FCY/87R
in center stack)
AdvanceTrac w/ RSC (Roll Stability Control) with
STANDARD
hydraulic brake assist
Power Windows with One -Touch Up/Down Front Driver
STANDARD
and Passenger
Liftgate Release Switch - located in Overhead Console;
Liftgate Membrane will remain unlocked for 45 seconds
STANDARD
before timing out
Roof -Mounted Antenna
STANDARD
Privacy Glass: 2nd Row, Rear Quarter and Liftgate
STANDARD
Acoustic Laminated Windshield
STANDARD
Headlamps: LED Low Beam; Incandescent (Halogen)
STANDARD
High Beam
Power Locks, Windows, Mirrors
STANDARD
Climate Control / Air -Conditioning: Manual, Single -Zone
STANDARD
Glovebox, Locking/non-illuminated
STANDARD
Interior Lighting: 1 st row task lights, 1 st row red/white
STANDARD
dome lamp, 2nd row map light
Power points: (2) 12V in 1 st row
STANDARD
https:Hfortress.wa.gov/ga/apps/CARSNehicleSpecifications.aspx?id=1184 7/26/2018
Vehicle Standard Specifications And Additional Information
Page 3 of 3
Cruise Control, Manual Tilt Steering Wheel
STANDARD
Seat Belts, Pretensioner/Energy-Management System w/
STANDARD
Adjustable Height in 1 st Row
Tire Pressure Monitoring System (TPMS)(Individual Tire
STANDARD
Message Alerts/Readings)
AM/FM/CD/MP3 Capable/Clock/6 Speakers
STANDARD
Recovery Hook, Rear Only (Not included with 3.51,
STANDARD
EcoBoost Engine)
Rear Window Defroster, Dual Speed Wiper
STANDARD
Front Speed -Sensitive Intermittent Windshield Wipers
STANDARD
3 -Year / 36,000 Miles Bumper -to -Bumper
STANDARD
5 -year / 100,000 Miles Powertrain CARE Extended
STANDARD
Service Plan (zero deductible)
90-120 Days to deliver after receipt of order
STANDARD
Exterior Paints (M=Metallic): Oxford White, Agate
Black, Vermillion Red, Medium Titanium M, Ingot Silver
M, Light Blue M, Sterling Gray M, Silver Grey M,
STANDARD
Arizona Beige M, Royal Blue, Blue M, Norsea Blue M,
Dark Toreador Red M, Medium Brown M, Dark Blue,
Kodiak Brown M, Smokestone M
https:Hfortress.wa.gov/ga/apps/CARSNehicleSpecifications.aspx?id=1184 7/26/2018
2019 Police Vehicle Install Cost Estimate
Description
Cost Cost * 9
Opticom
$1,303.64
$11,732.76
Electronic Equipment Mount
$347.71
$3,129.39
Radio Speaker
$47.74
$429.66
Arm Rest
$103.52
$931.68
Cup Holder
$38.46
$346.14
Center Console
$379.83
$3,418.47
Siren Control Module
$1,398.31
$12,584.79
Antenna
$15.52
$139.68
Radio Remote Control Head Mount
$236.32
$2,126.88
Radio Control Head
$391.48
$3,523.32
Light Bar
$2,566.88
$23,101.92
Motorola Radio Transciever
$1,538.68
$13,848.12
Fuse/Relay/Timer panel
$500.31
$4,502.79
Radio License
$517.21
$4,654.89
Radar Unit
$1,876.37
$16,887.33
Siren Speaker
$184.21
$1,657.89
Siren Speaker Mount
$26.16
$235.44
Traffic Advisor
$877.50
$7,897.50
Flasher R/W
$100.97
$908.73
Flasher B/W
$100.97
$908.73
Flasher Blue x2
$152.02
$1,368.18
Flasher Red x2
$157.60
$1,418.40
MCT Mount Kit
$540.75
$4,866.75
Fire Extinguisher
$46.07
$414.63
Spike Strips
$502.27
$4,520.43
Decals
$525.30
$4,727.70
Total Parts
$14,475.&)
$130,28,2.'0
Labor= 55hr at 80.00 per hour
$4,400.00
$39,600.00
Total Cost
$18,875.80
$169,882.20
Vehicle Cost
$41,829.-W i I
37t46t--39. 3 7(e,4 fol Act
Total Vehicle Cost
$60,704.84
$546,343,59
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AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Temporary Construction
Easement with Austin Family Properties LLC
for Bucky's Auto Repair Driveway
Construction (Highway Safety Improvements
Phase 2 Project)
6E
Study Session Date: August 8, 2018
COUNCIL MEETING Date: Auaust 15. 2018
Department: PW & U
Presenter: Shane Weber
Phone: (360) 473-2354
SUMMARY: The City is constructing sidewalks and curb ramps adjacent to Bucky's Auto Repair on
the northwest corner of 6t" Street and Callow Avenue as part of the federally funded Highway Safety
Improvements Phase 2 Project. With the federal process, the City is required to follow strict
procedures to acquire any interest in property, including easements. A Temporary Construction
Easement (TCE) is required for construction of the driveway to Bucky's, and at this time the City's
consultant has obtained approval from WSDOT to begin negotiations with the property owner, Austin
Family Properties LLC. These negotiations are currently underway, and the easement value is not
expected to exceed $2,000.00.
ATTACHMENTS: 1) Real Property Voucher Agreement; 2) Temporary Construction Easement
FISCAL IMPACTS (Include Budgeted Amount): The cost of the easement is within the budget of
the Highway Safety Improvements Phase 2 project.
STUDY SESSION AGENDA: 0 Limited Presentation ❑ Full Presentation
STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION:
Move to approve and accept the Temporary Construction Easement (TCE) with Austin Family
Properties LLC; and authorize payment for the easement in an amount not to exceed $2,000.00.
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
Form Updated 01/02/2018
REAL PROPERTY VOUCHER AGREEMENT
GENCYNAME
I hereby agree to the terms and conditions listed below and
hereby certify under penalty of perjury that the items and
CITY OF BREMERTON
amounts listed herein are proper charges, that the same or
PUBLIC WORKS DEPARTMENT
any part thereof has not been paid, and that I am
345 6b Street, Suite 100
authorized to sign for the Claimant:
Bremerton, WA 98337
(Sign in Ink)
BY
Owner/Authorized Representative
GRANTOR or CLAIMAN
Austin Family Properties LLC
6204 S. Tacoma Way
Date:
Tacoma, WA 984094125
Re: Highway Safety Improvement, Phase 2
TAX PARCEL NUMBER:
3734-011-016-0006
In Full, Complete and Final Payment and Settlement for the Title or Interest
Conveyed or Released, as Fully Set Forth In Attached Documents:
AMOUNT
Temporary Construction Easement
For All Lands Convey:
+ $
Temporary Construction Easement: 311 SF @ $
/ SF @ 10%
+ $
For All Improvements:
+ $
For All Damages:
+$+
Less Special Benefits:
$
+ $
Statutory Evaluation Allowance
+ $
JUST COMPENSATION
$
Legal / Administrative:
+ $
Other Items:
Deductions:
FINAL SETTLEMENT
$
SUBTOTAL
$
TOTAL AMOUNT TO BE PAID:
$
Right -of -Way Agent: Sonja Davis
By:
Date
The City of Bremerton agrees to the terms and conditions listed above.
By:
Date
After Recording, Return to:
City of Bremerton
Public Works Department
3456 th Street, Suite 100
Bremerton, WA 98337
TEMPORARY CONSTRUCTION EASEMENT
Document Title: Temporary Construction Easement
Grantor: Austin Family Properties, LLC
Grantee: City of Bremerton, a Washington municipal corporation
Property Legal Description (abbreviated): Lots 16-20, Block 11, 2"d Add. to Charleston,
Plat Vol. 4, Page 62, except that portion of Lot 20 conveyed to the State of WA for road
purposes by deed recorded under auditor's file NO: 143066 and 370753
Additional Legal(s) on Exhibit "A and A-1"
Assessor's Tax Parcel Number: 3734-011-016-0006
City of Bremerton HSIP Phase 2
The Grantor, AUSTIN FAMILY PROPERTIES, a Washington limited liability
company, for and in consideration of the public good and other valuable consideration,
conveys and grants unto the CITY OF BREMERTON, a Washington municipal
corporation, and its assigns, the right, privilege and easement over, upon, and across the
hereinafter described lands for the purpose of reconstructing a portion of Grantor's existing
driveway so as to conform to proposed improvements.
The temporary rights herein granted shall terminate on October 15, 2018.
Said lands being situated in Kitsap County, State of Washington, and described as
follows:
The Property subject to this Easement is legally described and shown in
Exhibit "A" and Exhibit "A-1" attached hereto and incorporated by reference.
Dated this day of , 2018.
Page 1 of 2
GRANTOR(S):
Austin Family Properties LLC
By:
Its:
STATE OF WASHINGTON }
} SS.
COUNTY OF KITSAP }
I certify that I know or have satisfactory evidence that is the
person who appeared before me, and said person acknowledged that he signed this instrument,
on oath stated that he is authorized to execute the instrument and acknowledged it as the
of , to be the free and voluntary
act of such party for the uses and purposes mentioned in this instrument.
Dated:
Signature:
Notary Public in and for the State of Washington
Notary (print name):
My appointment Expires on:
Page 2 of 2
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Stormwater Financial
Assistance Program Grant with the
Washington State Department of Ecology for
the E. 11th Street Stormwater Treatment
Retrofit Design
6F
Study Session Date: August 8, 2018
COUNCIL MEETING Date: Auaust 15. 2018
Department:
Presenter:
Phone:
Public Works & Utilities
Chance W Berthiaume
(360) 473-5929
SUMMARY: The City has received a $100,000 Ecology Stormwater Financial Assistance Program
(SFAP) grant to design new sidewalks and stormwater treatment systems on E 11th Street between
Perry Ave and Pitt Ave. The design will include stormwater treatment systems, new porous concrete
sidewalks, ADA ramps, and new trees. Public outreach will be an integral part of the design process.
ATTACHMENTS:
1) Project summary
2) Ecology contract WQC-2017-BremPW-00055: "E 11th Street Stormwater Treatment Retrofit
Design"
FISCAL IMPACTS (Include Budgeted Amount): $100,000 total project cost is funded with $75,000
from the Ecology grant and $25,000 City match. The grant match has been identified in the 2019
Storm Water Utility Capital Fund.
STUDY SESSION AGENDA: ❑x Limited Presentation ❑ Full Presentation
STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION:
Move to accept the Washington State Department of Ecology Stormwater Financial Assistance
Program Grant for the E. 11th Street Stormwater Treatment Retrofit Design; and authorize the Mayor
to finalize and execute the agreement with substantially the same terms and conditions as presented.
COUNCIL ACTION: ❑ Approve
Form Updated 01/02/2018
❑ Deny ❑ Table ❑ Continue ❑ No Action
E 11TH STORMWATER TREATMENT RETROFIT DESIGN
DEPARTMENT OF ECOLOGY STORMWATER FINANCIAL ASSISTANCE PROGRAM (SFAP) GRANT
Project Scope: Agave grant contract
The East 11th Street Stormwater LID and Treatment Retrofit design area encompasses approximately 23 acres of both com-
mercial and residential development, with 8 acres of urban roadway that all contribute pollutants to stormwater runoff. This
project will install approximately 850 feet of pervious sidewalk, and up to eight Modular Wetland Systems (MWS) (DOE TAPE
-approved stormwater treatment facilities) to improve water quality from runoff in this area.
The project will install a public education sign to inform citizens of storm -
water management practices and purpose.
Water Quality Total Maximum
Daily Load (TMDL): Sinclair and
Dyes Inlets are 303(d) Listed water
bodies for elevated fecal coliform.
A combination of FC and general
pollution have closed shellfish
beds since the 1960's. This pro-
ject supports the water quality
cleanup plan.
Combined Project Cost Budget:
$100,000
Funding: 75% Ecology SFAP Grant
Designer: TBD
Contractor: TBD
Project Manager:
Chance Berthiaume
Chance. Berthiaume@ci.bremerton.wa.us
MWS Treatment systems remove:
85% of total suspended solids (TSS)
66% dissolved copper,
50% total copper,
66% dissolved zinc,
69% total zinc,
95% motor oil / petroleum hydrocarbons,
Total Phosphorus: 64%
Ortho Phosphorus: 67%
Nitrogen: 45%
Phosphorus and nitrogen are nutrients that feed al-
gae blooms, including cyanobacteria (blue-green toxic
algae).
The MWS will remove and retain debris, sediments,
TSS, dissolved and particulate metals and nutrients
including nitrogen and phosphorus, bacteria, BOD,
oxygen demanding substances, organic compounds
and hydrocarbons during frequent storm events and
continuous dry weather flows.
PROJECT SCHEDULE (tentative)
2019
Aug Sep Oct Nov Dec Jan Feb Apr May Jun Jul Aug Sept Oct
Key: Grant contract approval/acceptance Bid/Award Design development
DEPARTMENT OF
*a ECOLOGY
"M State of Washington
Agreement No. WQC-2017-BremPW-00055
WATER QUALITY COMBINED FINANCIAL ASSISTANCE AGREEMENT
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
CITY OF BREMERTON
This is a binding Agreement entered into by and between the state of Washington, Department of Ecology,
hereinafter referred to as "ECOLOGY," and City of Bremerton, hereinafter referred to as the "RECIPIENT," to carry
out with the provided funds activities described herein.
GENERAL INFORMATION
Project Title:
Total Cost:
Total Eligible Cost:
Ecology Share:
Recipient Share:
The Effective Date of this Agreement is:
The Expiration Date of this Agreement is no later than:
Project Type:
Project Short Description:
East 11th Street Stormwater Treatment Design
$100,000.00
$100,000.00
$75,000.00
$25,000.00
07/01/2017
06/30/2020
Stormwater Facility
This project will improve water quality in Sinclair and Dyes inlets through the installation of pervious pavement
and TAPE -approved stormwater treatment facilities at East 11th Street in the city of Bremerton. This project
will provide treatment for total suspended solids (TSS), dissolved copper, dissolved zinc, and total phosphorus
and will infiltrate stormwater flows to Puget Sound. An additional benefit of this project includes local
education and outreach of stormwater management.
Project Long Description:
The East 11th Street retrofit area is mixed residential and commercial with a contributing area of approximately
23 acres. Land cover within this sub -basin consists of residential and commercial roofs, paved roads, landscaped
areas, lawns, and parking lots. Stormwater pollutants of concern come from roadways, roofs and landscapes that
contain sediments, metals, fertilizers, pesticides, petroleum, polycyclic aromatic hydrocarbons (PAHs), and
fecal coliform bacteria.
State of Washington Department of Ecology
Agreement No: WQC-2017-BremPW-00055
Project Title: East 11th Street Stormwater Treatment Design
Recipient Name: City of Bremerton
The project will treat stormwater runoff from approximately eight acres of urban roadway surface and
approximately 15 acres of contributing pervious surface using ECOLOGY -approved stormwater treatment best
management practices (BMPs). The design will include approximately 850 feet of pervious sidewalk and up to
eight TAPE -approved stormwater treatment facilities. The RECIPIENT will also install a permanent public
education sign in a high -pedestrian traffic area to inform citizens about stormwater management.
The project will help improve the water quality in Sinclair and Dyes inlets, which have a fecal coliform Total
Maximum Daily Load (TMDL) plan. This project is part of a suite of multiple, larger projects proposed by the
City of Bremerton and supported by the Puget Sound Partnership and West Central Local Integrating
Organization (WCLIO).
Overall Goal:
This project will help protect and restore water quality in Washington by reducing stormwater impacts from
existing infrastructure and development.
Version 10/30/2015
Page 2 of 37
State of Washington Department of Ecology
Agreement No: WQC-2017-BremPW-00055
Project Title: East 11th Street Stormwater Treatment Design
Recipient Name: City of Bremerton
RECIPIENT INFORMATION
Organization Name: City of Bremerton
Federal Tax ID: 91-6001231
DUNS Number: 556846970
Mailing Address: 100 Oyster Bay Ave N
Bremerton, Washington 98312
Physical Address: 100 Oyster Bay Ave N
Bremerton, Washington 98312
Bremerton, Washington 98312
Organization Email: chance.berthiaume@ci.bremerton.wa.us
Contacts
Page 3 of 37
Project Manager
Chance Berthiaume
NPDES Stormwater Permit Coordinator
100 Oyster Bay Ave N
Bremerton, Washington 98312
Email: chance.berthiaume(4�ci.bremerton.wa.us
Phone: (360) 473-5929
Billing Contact
Anna Cruz
Accountant / Financial Analyst
345 6th Street, Suite 100
Bremerton, Washington 98337
Email: anna.cruz@ci.bremerton.wa.us
Phone: (360) 473-2327
Authorized
Chal Martin
Signatory
Public Works Director
345 6the Street, Suite 600
Bremerton, Washington 98337
Email: chal.martin@ci.bremerton.wa.us
Phone: (360) 473-5758
Version 10/30/2015
State of Washington Department of Ecology
Agreement No: WQC-2017-BremPW-00055
Project Title: East 11th Street Stormwater Treatment Design
Recipient Name: City of Bremerton
ECOLOGY INFORMATION
Mailing Address: Department of Ecology
Water Quality
PO BOX 47600
Olympia, WA 98504-7600
Physical Address: Water Quality
300 Desmond Drive SE
Lacey, WA 98503
Contacts
Page 4 of 37
Version 10/30/2015
Cleo Neculae
Project
Manager
3190 - 160th Ave SE
Bellevue, Washington 98008-5452
Email: cnec461@ecy.wa.gov
Phone: (425) 649-7216
Layne Slone
Financial
Financial Manager
Manager
PO Box 47600
Olympia, Washington 98504-7600
Email: Inak461@ecy.wa.gov
Phone: (360) 407-6225
Amanda Heye
Technical
Advisor
PO Box 47600
Olympia, Washington 98504-7600
Email: ahey461@ecy.wa.gov
Phone: (360) 407-6457
Version 10/30/2015
State of Washington Department of Ecology
Agreement No: WQC-2017-BremPW-00055
Project Title: East 11th Street Stonnwater Treatment Design
Recipient Name: City of Bremerton
AUTHORIZING SIGNATURES
RECIPIENT agrees to furnish the necessary personnel, equipment, materials, services, and otherwise do all things
necessary for or incidental to the performance of work as set forth in this Agreement.
RECIPIENT acknowledges that they had the opportunity to review the entire Agreement, including all the terms and
conditions of this Agreement, Scope of Work, attachments, and incorporated or referenced documents, as well as all
applicable laws, statutes, rules, regulations, and guidelines mentioned in this Agreement. Furthermore, the
RECIPIENT has read, understood, and accepts all requirements contained within this Agreement.
This Agreement contains the entire understanding between the parties, and there are no other understandings or
representations other than as set forth, or incorporated by reference, herein.
No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing, signed-
by
ignedby authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement. ECOLOGY and
RECIPIENT may change their respective staff contacts without the concurrence of either party.
This Agreement shall be subject to the written approval of Ecology's authorized representative and shall not be
binding until so approved.
The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their
respective organizations to this Agreement.
IN WITNESS WHEREOF: the parties hereto, having read this Agreement in its entirety, including all attachments, do
agree in each and every particular and have thus set their hands hereunto.
Washington State
Department of Ecology
LIM
Heather R. Bartlett
Water Quality
Program Manager
Template Approved to Form by
Attorney General's Office
Version 10/30/2015
Date
City of Bremerton
LIM
Chal Martin
Public Works Director
Page 5 of 37
Date
State of Washington Department of Ecology
Agreement No: WQC-2017-BremPW-00055
Project Title: East 11th Street Stormwater Treatment Design
Recipient Name: City of Bremerton
Greg Wheeler
Page 6 of 37
Mayor Date
Chance Berthiaume
NPDES Stormwater Permit Coordinator Date
Version 10/30/2015
State of Washington Department of Ecology
Agreement No: WQC-2017-BremPW-00055
Project Title: East 11th Street Stormwater Treatment Design
Recipient Name: City of Bremerton
SCOPE OF WORK
Task Number:
Task Title: Project Administration/Management
Task Cost: $2,500.00
Task Description:
A. The RECIPIENT shall carry out all work necessary to meet ECOLOGY grant or loan administration requirements.
Responsibilities include, but are not limited to: maintenance of project records; submittal of requests for
reimbursement and corresponding backup documentation; progress reports; and a recipient closeout report (including
photos).
B. The RECIPIENT shall maintain documentation demonstrating compliance with applicable procurement,
contracting, and interlocal agreement requirements; application for, receipt of, and compliance with all required
permits, licenses, easements, or property rights necessary for the project; and submittal of required performance items.
C. The RECIPIENT shall manage the project. Efforts include, but are not limited to: conducting, coordinating, and
scheduling project activities and assuring quality control. Every effort will be made to maintain effective
communication with the RECIPIENT's designees; ECOLOGY; all affected local, state, or federal jurisdictions; and any
interested individuals or groups. The RECIPIENT shall carry out this project in accordance with any completion dates
outlined in this agreement.
Task Goal Statement:
Properly managed and fully documented project that meets ECOLOGY's grant or loan administrative requirements.
Task Expected Outcome:
* Timely and complete submittal of requests for reimbursement, quarterly progress reports, and RECIPIENT closeout
report.
* Properly maintained project documentation
Recipient Task Coordinator: Chance Berthiaume
Project Administration/Management
Deliverables
Page 7 of 37
Number
Description
Due Date
1.1
Quarterly Progress Reports
12
Recipient Closeout Report
1.3
Project Outcome Summary Report
Version 10/30/2015
State of Washington Department of Ecology
Agreement No: WQC-2017-BremPW-00055
Project Title: East 11th Street Stormwater Treatment Design
Recipient Name: City of Bremerton
SCOPE OF WORK
Task Number:
Task Title
Task Cost: $97,500.00
Design Plans and Specs, Environmental Review
Task Description:
The RECIPIENT shall ensure the following items are completed and provide the associated deliverables to
ECOLOGY. The RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance.
A. The RECIPIENT will coordinate the preparation and submittal of State Environmental Policy Act (SEPA)
documentation.
B. The RECIPIENT is responsible for application of, receipt of, and compliance with all required local, state, tribal
and federal permits, licenses, easements, or property rights necessary for the project.
C. The RECIPIENT will comply with Executive Order (05-05) cultural resources review requirements. To initiate
cultural resources review the RECIPIENT will:
1. Submit an ECOLOGY 05-05/106 Form, or a cultural resources survey or assessment completed by a licensed
archaeologist to ECOLOGY. All submitted materials must conform to the Washington State Standards for Cultural
Resource Reporting (DAHP February 2014).
2. Develop and submit an Inadvertent Discovery Plan (IDP) to ECOLOGY. The RECIPIENT will ensure that all
contractors and subcontractors have a copy of the completed IDP prior to and while working on-site. An IDP template
may be found on the ECOLOGY website.
Ground disturbing work (including geotechnical investigations) completed prior to receiving written notice to proceed
from ECOLOGY shall not be eligible for reimbursement.
D. The RECIPIENT will develop a project Design Report. Projects must be designed in accordance with the
Stormwater Management Manual for Eastern Washington, Stormwater Management Manual for Western Washington,
or equivalent manual. Project must be reviewed and accepted in writing by ECOLOGY to be eligible for
reimbursement.
The RECIPIENT will submit one digital copy of the items listed below to ECOLOGY for review. Reduce design
figures to 11x17 inches in size and ensure they are legible.
1. Design Report. For a complete list of required design report elements refer to the ECOLOGY website.
The RECIPIENT agrees to respond to ECOLOGY comments. The RECIPIENT must receive an Ecology Design
Report Acceptance Letter prior to proceeding to 90 Percent design.
2. 90 Percent Design Package. At a minimum, this package must include 90 percent plans, specifications, engineer's
opinion of cost which includes a schedule of eligible costs, and project construction schedule. For current bid inserts
and specifications refer to the ECOLOGY website.
Version 10/30/2015
Page 8 of 37
State of Washington Department of Ecology
Agreement No: WQC-2017-BremPW-00055
Project Title: East 11th Street Stormwater Treatment Design
Recipient Name: City of Bremerton
The RECIPIENT agrees to respond to ECOLOGY comments. The RECIPIENT must receive an Ecology 90 Percent
Design Acceptance Letter prior to proceeding with Final Design.
Task Goal Statement:
The RECIPIENT will complete all design, environmental review, and permitting tasks and respond to ECOLOGY
comments in a timely manner.
Task Expected Outcome:
The project will meet the requirements set forth by the State Environmental Policy Act, cultural resource protection
requirements, ECOLOGY water quality facility design standards, and all other applicable federal, state, and local laws
and regulations.
Recipient Task Coordinator: Chance Berthiaume
Design Plans and Specs, Environmental Review
Deliverables
Page 9 of 37
Number
Description
Due Date
2.1
Copy of SEPA determination documentation. Upload to EAGL and
notify ECOLOGY when upload is complete.
22
Submit ECOLOGY 05-05/106 Form and any supplemental cultural
resources documentation including Cultural Resource surveys directly to
the Ecology Project Manager. Upload the Final Determination Letter to
EAGL.
2.3
Inadvertent Discovery Plan. Upload to EAGL and notify ECOLOGY
when upload is complete.
2.4
Design Report. Upload to EAGL and notify ECOLOGY when upload is
complete.
2.5
Responses to ECOLOGY Design Report comments. Upload to EAGL
and notify ECOLOGY when upload is complete.
2.6
Ecology Design Report Acceptance Letter. Upload to EAGL and notify
ECOLOGY when upload is complete.
2.7
90 Percent Design Package. Upload to EAGL and notify ECOLOGY
when upload is complete.
2.8
Responses to ECOLOGY 90 Percent Design Plan comments. Upload to
EAGL and notify ECOLOGY when upload is complete.
2.9
Ecology 90 Percent Design Acceptance Letter. Upload to EAGL and
notify ECOLOGY when upload is complete.
2.10
List of permits acquired, and environmental review documents. Upload
to EAGL and notify ECOLOGY when upload is complete.
Version 10/30/2015
State of Washington Department of Ecology
Agreement No: WQC-2017-BremPW-00055
Project Title: East 11th Street Stormwater Treatment Design
Recipient Name: City of Bremerton
BUDGET
Funding Distribution EG190003
NOTE: The above funding distribution number is used to idents this specific agreement and budget on payment
remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple
funding distribution numbers to idents each budget.
Funding Title:
Funding Effective Date:
Funding Source:
Title:
Type:
Funding Source %
Description:
SFAP
07/01/2017
SFAP - SFY17
State
100%
Funding Type: Grant
Funding Expiration Date: 06/30/2020
Environmental Legacy Stewardship Account (ELSA) - State
Approved Indirect Costs Rate: Approved State Indirect Rate: 0%
Recipient Match %: 25%
InKind Interlocal Allowed: No
InKind Other Allowed: No
Is this Funding Distribution used to match a federal grant? No
SFAP
Task Total
Project Administration/Management
$ 2,500.00
Design Plans and Specs, Environmental Review
$ 97,500.00
Total: S 100,000.00
Version 10/30/2015
Page 10 of 37
State of Washington Department of Ecology
Agreement No: WQC-2017-BremPW-00055
Project Title: East 11th Street Stormwater Treatment Design
Recipient Name: City of Bremerton
Funding Distribution Summary
Recipient / Ecology Share
Page 11 of 37
Funding Distribution Name
Recipient Match %
Recipient Share
Ecology Share
Total
SFAP
25.00 %
$ 25,000.00
$ 75,000.00
$ 100,000.00
Total
$ 25,000.00
S 75,000.00
$ 100,000.00
AGREEMENT SPECIFIC TERMS AND CONDITIONS
N/A
SPECIAL TERMS AND CONDITIONS
SECTION 1: DEFINITIONS
Unless otherwise provided, the following terms will have the respective meanings for all purposes of this agreement:
"Administration Charge" means a charge established in accordance with Chapter 90.50A RCW and Chapter 173-98
WAC, to be used to pay Ecology's cost to administer the State Revolving Fund by placing a percentage of the interest
earned in an Administrative Charge Account.
"Administrative Requirements" means the effective edition of ECOLOGY's Administrative Requirements for
Recipients of Ecology Grants and Loans at the signing of this agreement.
"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 Program" means the state program funded from various state sources.
"Contract Documents" means the contract between the RECIPIENT and the construction contractor for construction of
the project.
"Cost Effective Analysis" means a comparison of the relative cost -efficiencies of two or more potential ways of
solving a water quality problem as described in Chapter 173-98-730 WAC.
"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.
"Effective Date" means the earliest date on which eligible costs may be incurred.
"Effective Interest Rate" means the total interest rate established by Ecology that includes the Administrative Charge.
Version 10/30/2015
State of Washington Department of Ecology
Agreement No: WQC-2017-BremPW-00055
Project Title: East 11th Street Stormwater Treatment Design
Recipient Name: City of Bremerton
"Estimated Loan Amount" means the initial amount of funds loaned to the RECIPIENT.
"Estimated Loan Repayment Schedule" means the schedule of loan repayments over the term of the loan based on the
Estimated Loan Amount.
"Equivalency" means projects designated by ECOLOGY to meet additional federal requirements.
"Final Accrued Interest" means the interest accrued beginning with the first disbursement of funds to the RECIPIENT
through such time as the loan is officially
closed out and a final loan repayment schedule is issued.
"Final Loan Amount" means all principal of and interest on the loan from the Project Start Date through the Project
Completion Date.
"Final Loan Repayment Schedule" means the schedule of loan repayments over the term of the loan based on the Final
Loan Amount.
"Forgivable Principal" means the portion of a loan that is not required to be paid back by the borrower.
"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.
"General Obligation Payable from Special Assessments Debt" means an obligation of the RECIPIENT secured by a
valid general obligation of the Recipient payable from special assessments to be imposed within the constitutional and
statutory tax limitations provided by law without a vote of the electors of the RECIPIENT on all of the taxable
property within the boundaries 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) Utility
Local Improvement Districts (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 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 ECOLOGY's Funding Guidelines that that correlate to the State Fiscal Year in which the
project is funded.
"Initiation of Operation Date" means the actual date the Water Pollution Control Facility financed with proceeds of the
loan begins to operate for its intended purpose.
"Loan" means the Washington State Water Pollution Control Revolving Fund Loan or Centennial Clean Water Fund
(Centennial) Loan made pursuant to this loan agreement.
"Loan Amount" means either an Estimated Loan Amount or a Final Loan Amount, as applicable.
Version 10/30/2015
Page 12 of 37
State of Washington Department of Ecology
Agreement No: WQC-2017-BremPW-00055
Project Title: East 11th Street Stormwater Treatment Design
Recipient Name: City of Bremerton
"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.
"Loan Security" means the mechanism by which the RECIPIENT pledges to repay the loan.
"Loan Term" means the repayment period of 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,
but will 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.
"Original Engineer's Estimate" means the engineer's estimate of construction costs included with bid documents.
"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" means the date specified in the agreement on which the Scope of Work will be fully
completed.
"Project Schedule" means 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.
"Risk -Based Determination" means an approach to sub -recipient monitoring and oversight based on risk factors
associated to a RECIPIENT or project.
"Scope of Work" means the tasks and activities constituting the project.
"Section 319" means the section of the Clean Water Act that provides funding to address nonpoint sources of water
pollution.
"Senior Lien Obligations" means all revenue bonds and other obligations of the RECIPIENT outstanding on the date
of execution of this loan agreement (or subsequently issued on a parity therewith, including refunding obligations) or
issued after the date of execution of this loan 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 (Revolving Fund)" means the water pollution control revolving fund
established by Chapter 90.50A.020 RCW.
Version 10/30/2015
Page 13 of 37
State of Washington Department of Ecology
Agreement No: WQC-2017-BremPW-00055
Project Title: East 11th Street Stormwater Treatment Design
Recipient Name: City of Bremerton
"Termination Date" means the effective date of ECOLOGY's termination of the agreement.
"Termination Payment Date" means the date on which the RECIPIENT is required to repay to ECOLOGY 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 ECOLOGY 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 ECOLOGY 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.
"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 will include principal installments and any interest or penalties which may be due.
"Utility" means the sewer system, stormwater system, or the combined water and sewer system of the RECIPIENT,
the Net Revenue of which is pledged to pay and secure the loan.
SECTION 2: THE FOLLOWING CONDITIONS APPLY TO ALL RECIPIENTS OF WATER QUALITY
COMBINED FINANCIAL ASSISTANCE FUNDING.
The Water Quality Financial Assistance Funding Guidelines are included in this agreement by reference and are
available on ECOLOGY's Water Quality Program website.
A. Architectural and Engineering Services: The RECIPIENT certifies by signing this agreement that the requirements
of Chapter 39.80 RCW, "Contracts for Architectural and Engineering Services," have been, or shall be, met in
procuring qualified architectural/engineenng services. The RECIPIENT shall identify and separate eligible and
ineligible costs in the final architectural/engineering services contract and submit a copy of the contract to ECOLOGY.
B. Best Management Practices (BMP) Implementation: If the RECIPIENT installs BMPs that are not approved by
ECOLOGY prior to installation, the RECIPIENT assumes the risk that part or all of the reimbursement for that
activity may be delayed or ineligible. For more details regarding BMP Implementation, please reference the Water
Quality Financial Assistance Funding Guidelines available on ECOLOGY's Water Quality Program funding website.
C. Cultural Resources: The RECIPIENT shall:
1) The RECIPIENT shall comply with all applicable federal, state and local environmental laws, statutes, regulations,
executive orders, and permits.
2) The RECIPIENT shall comply with Ecology's Archaeological Resource and Historic Property review process. The
RECIPIENT agrees that in no case shall construction activities, ground disturbance, or excavation of any kind, begin
until provisions of this process are complied with. The RECIPIENT is responsible for developing a complete
Inadvertent Discovery Plan (IDP). The IDP must be immediately available upon request by any party. The IDP must be
readily available and be implemented to address any discovery. The RECIPIENT shall implement the procedures in
Version 10/30/2015
Page 14 of 37
State of Washington Department of Ecology
Agreement No: WQC-2017-BremPW-00055
Project Title: East 11th Street Stormwater Treatment Design
Recipient Name: City of Bremerton
the IDP, and immediately notify ECOLOGY, the Department of Archeology and Historic Preservation (DAHP), and
tribal representatives, if human remains, cultural, or archeological resources are discovered in the course of ground
disturbing activities. For more details regarding requirements under this provision, please reference the Water Quality
Financial Assistance Funding Guidelines available on ECOLOGY's Water Quality Program funding website.
D. Electronic Fund Transfers: The RECIPIENT must register as a statewide vendor in order to receive payment
reimbursement. Washington State's Department of Enterprise Services (DES) issues all payments. DES maintains a
central vendor file for Washington State agency use to process vendor payments. The RECIPIENT can complete the
registration process online at:
http://des.wa.gov/services/ContractingPurchasing/Business/VendorPay/Pages/default.aspx. This registration process
allows the RECIPIENT to sign up for direct deposit payments, also known as electronic fund transfers (EFT). If the
RECIPIENT has questions about the vendor registration process or setting up direct deposit payments contact DES
Payee Help Desk at (360) 664-7779 or payeehelpdesk(4�des.wa.gov.
E. Equipment Purchase: Equipment not included in the scope of work or the Ecology approved construction plans and
specifications, must be pre -approved by ECOLOGY's project manager before purchase.
F. Funding Recognition: The RECIPIENT must inform the public about ECOLOGY or any EPA (see Section 3.13 for
Section 319 funded or Section 5.E for SRF funded projects) funding participation in this project through the use of
project signs, acknowledgement in published materials, reports, the news media, websites, or other public
announcements. Projects addressing site-specific locations must utilize appropriately sized and weather -resistant
signs. Sign logos are available from ECOLOGY's Financial Manager upon request.
G. Growth Management Planning: The RECIPIENT certifies by signing this agreement that it is in compliance with
the requirements of Chapter 36.70A RCW, "Growth Management Planning by Selected Counties and Cities." If the
status of compliance changes, either through RECIPIENT or legislative action, the RECIPIENT shall notify
ECOLOGY in writing of this change within 30 days.
H. Interlocal: The RECIPIENT certifies by signing this agreement that all negotiated interlocal agreements necessary
for the project are, or shall 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
ECOLOGY upon request.
I. Lobbying and Litigation: Costs incurred for the purposes of lobbying or litigation are not eligible for funding under
this agreement.
J. Post Project Assessment Survey: The RECIPIENT agrees to participate in a brief survey regarding the key project
results or water quality project outcomes and the status of long-term environmental results or goals from the project
approximately three years after project completion. A representative from ECOLOGY's Water Quality Program may
contact the RECIPIENT to request this data. ECOLOGY may also conduct site interviews and inspections, and may
otherwise evaluate the project, as part of this assessment.
K. Project Status Evaluation: ECOLOGY may evaluate the status of this project 18 months from the effective date of
this agreement. ECOLOGY's Project Manager and Financial Manager will meet with the RECIPIENT to review
spending trends, completion of outcome measures, and overall project administration and performance. If the
RECIPIENT fails to make satisfactory progress toward achieving project outcomes, ECOLOGY may change the scope
of work, reduce grant funds, or increase oversight measures.
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Page 15 of 37
State of Washington Department of Ecology
Agreement No: WQC-2017-BremPW-00055
Project Title: East 11th Street Stormwater Treatment Design
Recipient Name: City of Bremerton
L. Technical Assistance: Technical assistance for agriculture activities provided under the terms of this agreement
shall be consistent with the current U.S. Natural Resource Conservation Service ("NRCS") Field Office Technical
Guide for Washington State. However, ECOLOGY may accept as eligible technical assistance, proposed practices, or
project designs that do not meet these standards if approved in writing by the NRCS and ECOLOGY.
SECTION 3: THE FOLLOWING CONDITIONS APPLY TO SECTION 319 AND ONLY CENTENNIAL CLEAN
WATER FUNDED PROJECTS BEING USED TO MATCH SECTION 319 FUNDS.
The RECIPIENT must submit the following documents to ECOLOGY before this agreement is signed by ECOLOGY:
1. Federal Funding Accountability and Transparency Act (FFATA) Form, available on the Water Quality Program
website.
2. Clean Water Act Section 319 Initial Data Reporting Sheet or the "Section 319 Initial Data Reporting" form in
EAGL.
A. Data Reporting: The RECIPIENT must complete the "Section 319 Initial Data Reporting" form in EAGL before
this agreement can be signed by Ecology. This form is used to gather general information about the project.
B. Funding Recognition and Outreach: In addition to Section 2.F of these Terms and Conditions, the RECIPIENT
shall provide signage that informs the public that the project is funded by EPA. The signage shall contain the EPA
logo and follow usage requirements available at http://www2.epa.gov/stylebook/using-epa-seal-and-logo. To obtain
the appropriate EPA logo or seal graphic file, the RECIPIENT may sent a request to their Ecology's Financial
Manager.
To increase public awareness of projects serving communities where English is not the predominant language,
RECIPIENTS are encouraged to provide their outreach strategies communication in non-English languages.
Translation costs for this purpose are allowable, provided the costs are reasonable.
The RECIPIENT shall use the following paragraph in all reports, documents, and signage developed under this
agreement:
"This project has been funded wholly or in part by the United States Environmental Protection Agency under an
assistance agreement to the Washington State Department of Ecology. The contents of this document do not
necessarily reflect the views and policies of the Environmental Protection Agency, nor does the mention of trade
names or commercial products constitute endorsement or recommendation for use."
C. Load Reduction Reporting: The RECIPIENT shall complete the "Section 319 Annual Load Reduction Reporting"
form in EAGL by January 15 of each year and at project close-out. ECOLOGY may hold reimbursements until the
RECIPIENT has completed the form. This form is used to gather information on pollutant load reductions for each
best management practice (BMP) installed as a part of this project.
D. Time Extension: The RECIPIENT may request a one-time extension for up to 12 months. However, the time
extension cannot exceed the time limitation established in EPA's assistance agreement. In the event a time extension
is requested and approved by ECOLOGY, the RECIPIENT must complete all eligible work performed under this
agreement by the expiration date.
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State of Washington Department of Ecology
Agreement No: WQC-2017-BremPW-00055
Project Title: East 11th Street Stormwater Treatment Design
Recipient Name: City of Bremerton
SECTION 4: THE FOLLOWING CONDITIONS APPLY TO SECTION 319 AND STATE REVOLVING FUND
(SRF) LOAN FUNDED PROJECTS ONLY.
A. Accounting Standards: The RECIPIENT shall maintain accurate records and accounts for the project (PROJECT
Records) in accordance with Generally Accepted Accounting Principles (GAAP) as issued by the Governmental
Accounting Standards Board (GASB), including standards related to the reporting of infrastructure assets or in
accordance with the standards in Chapter 43.09.200 RCW "Local Government Accounting — Uniform System of
Accounting".
B. Audit Requirements: In accordance with 2 CFR 200.501(a), the RECIPIENT agrees to obtain a single audit from
an independent auditor, if their organization expends $750,000 or more in total Federal funds in their fiscal year. The
RECIPIENT must submit the form SF -SAC and a Single Audit Report Package within 9 months of the end of the
fiscal year or 30 days after receiving the report from an independent auditor. The SF -SAC and a Single Audit Report
Package MUST be submitted using the Federal Audit Clearinghouse's Internet Data Entry System available at:
https://harvester.census.gov/fac/collect/ddeindex.html. For complete information on how to accomplish the single
audit submissions, go to the Federal Audit Clearinghouse Web site: http://harvester.census.gov/fac/.
C. Archaeological Resources and Historic Properties (Section 106): See Section 2.0 of the terms and conditions of this
agreement, the RECIPIENT shall comply with the additional requirements under section 106 of the National Historic
Preservation Act (NHPA, 36 CFR 800).
D. Consultant Cap: The RECIPIENT shall ensure that loan or grant funds provided under this agreement to reimburse
for costs incurred by individual consultants (excluding overhead) is limited to the maximum daily rate for Level IV of
the Executive Schedule (formerly GS -18), to be adjusted annually. The Executive Schedule can be found at:
https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/. This limit applies to consultation services of
designated individuals with specialized skills who are paid at a daily or hourly rate. This rate does not include
transportation and subsistence costs for travel performed. Contracts for services awarded using the procurement
requirements in Subpart D of 2 CFR 200 are not affected by this limitation unless the terms of the contract provide the
RECIPIENT with responsibility for the selection, direction, and control of the individuals who shall be providing
services under the contract at an hourly or daily rate of compensation. See 2 CFR 1500.9 for additional information.
E. Data Universal Numbering System (DUNS) and Central Contractor Registration (CCR) Requirements:
RECIPIENTS shall have a DUNS number. Unless exempted from this requirement under 2 CFR 25.110, the
RECIPIENT must ensure that the organization's information in the System for Award Management (SAM),
https://www.sam.gov, is kept current through project closeout. This requires that the RECIPIENT reviews and updates
the information at least annually after the initial registration, and more frequently if information changes.
F. Disadvantaged Business Enterprise (DBE): General Compliance, 40 CFR, Part 33. The RECIPIENT agrees to
comply with the requirements of the Environmental Protection Agency's Program for Utilization of Small, Minority,
and Women's Business Enterprises (MBE/WBE) 40CFR, Part 33 in procurement under this agreement.
Six Good Faith Efforts, 40 CFR, Part 33, Subpart C. The RECIPIENT agrees to make the following good faith efforts
whenever procuring construction, equipment, services and supplies under this agreement. Records documenting
compliance with the following six good faith efforts shall be retained:
1) Ensure Disadvantaged Business Enterprises are made aware of contracting opportunities to the fullest extent
practicable through outreach and recruitment activities. For Indian Tribal, State and Local and Government
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State of Washington Department of Ecology
Agreement No: WQC-2017-BremPW-00055
Project Title: East 11th Street Stormwater Treatment Design
Recipient Name: City of Bremerton
RECIPIENTS, this shall include placing Disadvantaged Business Enterprises on solicitation lists and soliciting them
whenever they are potential sources.
2) Make information on forthcoming opportunities available to Disadvantaged Business Enterprises and arrange time
frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and
facilitates participation by Disadvantaged Business Enterprises in the competitive process. This includes, whenever
possible, posting solicitations for bids or proposals for a minimum of thirty (30) calendar days before the bid or
proposal closing date.
3) Consider in the contracting process whether firms competing for large contracts could subcontract with
Disadvantaged Business Enterprises. For Indian Tribal, and State and Local Government RECIPIENTS, this shall
include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum
participation by Disadvantaged Business Enterprises in the competitive process.
4) Encourage contracting with a consortium of Disadvantaged Business Enterprises when a contract is too large for
one of these firms to handle individually.
5) Use services and assistance of the Small Business Administration and the Minority Business Development Agency
of the Department of Commerce.
6) If the prime contractor awards subcontracts, require the prime contractor to take the five good faith efforts steps in
paragraphs 1 through 5 above.
The RECIPIENT agrees to submit ECOLOGY's Contractor Participation Report Form D with each payment request.
Contract Administration Provisions, 40 CFR, Section 33.302. The RECIPIENT agrees to comply with the contract
administration provisions of 40 CFR, Section 33.302.
Non-discrimination Provision. The RECIPIENT shall not discriminate on the basis of race, color, national origin or
sex in the performance of this agreement. The RECIPIENT shall carry out applicable requirements of 40 CFR Part 33
in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the
RECIPIENT to carry out these requirements is a material breach of this agreement which may result in the termination
of this contract or other legally available remedies.
This does not preclude the RECIPIENT from enacting broader nondiscrimination protections.
The RECIPIENT shall comply with all federal and state nondiscrimination laws, including, but not limited to Title VI
and VII of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education
Amendments of 1972, the Age Discrimination Act of 1975, and Chapter 49.60 RCW, Washington's Law Against
Discrimination, and 42 U.S.C. 12101 et seq, the Americans with Disabilities Act (ADA).
In the event of the RECIPIENT's noncompliance or refusal to comply with any applicable nondiscrimination law,
regulation, or policy, this agreement may be rescinded, canceled, or terminated in whole or in part, and the
RECIPIENT may be declared ineligible for further funding from ECOLOGY. The RECIPIENT shall, however, be
given a reasonable time in which to cure this noncompliance.
The RECIPIENT shall include the following terms and conditions in contracts with all contractors, subcontractors,
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State of Washington Department of Ecology
Agreement No: WQC-2017-BremPW-00055
Project Title: East 11th Street Stormwater Treatment Design
Recipient Name: City of Bremerton
engineers, vendors, and any other entity for work or services pertaining to this agreement.
"The Contractor will not discriminate on the basis of race, color, national origin or sex in the performance of this
Contract. The Contractor will carry out applicable requirements of 40 CFR Part 33 in the award and administration of
contracts awarded under Environmental Protection Agency financial agreements. Failure by the Contractor to carry out
these requirements is a material breach of this Contract which may result in termination of this Contract or other
legally available remedies."
Bidder List, 40 CFR, Section 33.501(b) and (c). The RECIPIENT agrees to create and maintain a bidders list. The
bidders list shall include the following information for all firms that bid or quote on prime contracts, or bid or quote
subcontracts, including both MBE/WBEs and non-MBE/WBEs.
1. Entity's name with point of contact
2. Entity's mailing address, telephone number, and e-mail address
3. The procurement on which the entity bid or quoted, and when
4. Entity's status as an MBE/WBE or non-MBE/WBE
G. Electronic and information Technology (EIT) Accessibility: RECIPIENTS shall ensure that loan funds provided
under this agreement for costs in the development or purchase of EIT systems or products provide individuals with
disabilities reasonable accommodations and an equal and effective opportunity to benefit from or participate in a
program, including those offered through electronic and information technology as per Section 504 of the
Rehabilitation Act, codified in 40 CFR Part 7. Systems or products funded under this agreement must be designed to
meet the diverse needs of users without barriers or diminished function or quality. Systems shall include usability
features or functions that accommodate the needs of persons with disabilities, including those who use assistive
technology.
H. Hotel -Motel Fire Safety Act: The RECIPIENT shall ensure that all space for conferences, meetings, conventions or
training seminars funded in whole or in part with federal funds complies with the protection and control guidelines of
the Hotel and Motel Fire Safety Act (15 USC 2225a, PL 101-391, as amended). Recipients may search the
Hotel -Motel National Master List at http://www.usfa.dhs.gov/applications/hoteU to see if a property is in compliance,
or to find other information about the Act. Pursuant to 15 USC 2225a.
I. Trafficking In Persons: The RECIPIENT and RECIPIENT employees that are private entities shall not engage in
forms of trafficking in persons during the period of time this agreement is effective. This includes, but is not limited
to the procurement of a commercial sex act or forced labor. The RECIPIENT shall notify ECOLOGY immediately of
any information received from any source alleging a violation under this provision.
SECTION 5: THE FOLLOWING CONDITIONS APPLY TO STATE REVOLVING FUND (SRF) LOAN FUNDED
PROJECTS ONLY.
The RECIPIENT must submit the following documents/forms to ECOLOGY before this agreement is signed by
ECOLOGY:
1. Opinion of RECIPIENT's Legal Council
2. Authorizing Ordinance or Resolution
3. Federal Funding Accountability and Transparency Act (FFATA) Form
4. CWSRF Federal Reporting Information form available in EAGL
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State of Washington Department of Ecology
Agreement No: WQC-2017-BremPW-00055
Project Title: East 11th Street Stormwater Treatment Design
Recipient Name: City of Bremerton
5. Fiscal Sustainability Plan Certification (only required if the project includes construction of a wastewater or
stormwater facility construction)
A. Alteration and Eligibility of Project: During the term of this agreement, the RECIPIENT (1) shall not materially
alter the design or structural character of the project without the prior written approval of ECOLOGY and (2) shall
take no action which would adversely affect the eligibility of the project as defined by applicable funding program
rules and state statutes, or which would cause a violation of any covenant, condition, or provision herein.
B. American Iron and Steel (Buy American): This loan provision applies to projects for the construction, alteration,
maintenance, or repair of a "treatment works" as defined in the Federal Water Pollution Control Act (33 USC 1381 et
seq.) The RECIPIENT shall ensure that all iron and steel products used in the project are produced in the United
States. Iron and Steel products means the following products made primarily of iron or steel: lined or unlined pipes
and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves,
structural steel, reinforced precast concrete, and construction materials. The RECIPIENT may request waiver from
this requirement from the Administrator of the Environmental Protection Agency. The RECIPIENT must coordinate
all waiver requests through ECOLOGY. This provision does not apply if the engineering plans and specifications for
the project were approved by ECOLOGY prior to January 17, 2014. ECOLOGY reserves the right to request
documentation of RECIPIENT'S compliance with this provision.
C. Authority of RECIPIENT: This agreement is authorized by the Constitution and laws of the state of Washington,
including the RECIPIENT's authority, and by the RECIPIENT pursuant to the authorizing ordinance or resolution.
The RECIPIENT shall submit a copy of the authorizing ordinance or resolution to the ECOLOGY Financial Manager
before this agreement shall be signed by ECOLOGY.
D. Fiscal Sustainability Plan Certification: The RECIPIENT shall submit a completed Fiscal Sustainability Plan
Certification before this agreement is signed by ECOLOGY. The Fiscal Sustainability Plan Certification is available
from the ECOLOGY Financial Manager or on the Water Quality Program website.
E. Funding Recognition and Outreach: In addition to Section 2.F of these Terms and Conditions, the
RECIPIENT agrees to comply with the EPA SRF Signage Guidance in order to enhance public awareness of EPA
assistance agreements nationwide. The signage guidance can be found at:
http://www. ecy.wa.gov/programs/wq/funding/FundPrgms/CW SRF/SignageGuidanceJune2015.pdf.
F. Free Service: The RECIPIENT shall not furnish utility service to any customer free of charge if providing that free
service affects the RECIPIENT's ability to meet the obligations of this agreement.
G. Insurance: The RECIPIENT shall 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 shall
self -insure or participate in an insurance pool or pools with reserves adequate, in the reasonable judgment of the
RECIPIENT, to protect it against loss.
H. Loan Interest Rate and Terms: This loan agreement shall remain in effect until the date of final repayment of the
loan, unless terminated earlier according to the provisions herein.
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State of Washington Department of Ecology
Agreement No: WQC-2017-BremPW-00055
Project Title: East 11th Street Stormwater Treatment Design
Recipient Name: City of Bremerton
When the Project Completion Date has occurred, ECOLOGY and the RECIPIENT shall execute an amendment to this
loan agreement which details the final loan amount (Final Loan Amount), and ECOLOGY shall prepare a final loan
repayment schedule. The Final Loan Amount shall be the combined total of actual disbursements made on the loan
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 based on the interest rate identified in this agreement as the "Effective Interest Rate," per annum, calculated on
the basis of a 365 day year. Interest on the Estimated Loan Amount shall accrue from and be compounded monthly
based on the date that each payment is mailed to the RECIPIENT. The Final Loan Amount shall be repaid in equal
installments semiannually over the term of this loan "Loan Term" as outlined in this agreement.
I. Loan Repayment:
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 diminution by setoff, counterclaim, or abatement of any
kind. To secure the repayment of the loan from ECOLOGY, the RECIPIENT agrees to comply with all of the
covenants, agreements, and attachments contained herein.
2. For General Obligation. This loan is a General Obligation Debt of the RECIPIENT.
3. For General Obligation Payable from Special Assessments. This loan is a General Obligation Debt of the
RECIPIENT payable from special assessments to be imposed within the constitutional and statutory tax limitations
provided by law without a vote of the electors of the RECIPIENT on all of the taxable property within the boundaries
of the RECIPIENT.
4. For 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.
In addition, if this loan is also secured by Utility Local Improvement Districts (ULID) Assessments, this loan shall
constitute a lien upon ULID Assessments in the ULID prior and superior to any other charges whatsoever.
5. Other Sources of Repayment. The RECIPIENT may repay any portion of the loan from any funds legally available
to it.
6. Defeasance of the Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT shall not be entitled to, and
shall not affect, an economic Defeasance of the loan. The RECIPIENT shall not advance refund the loan.
If the RECIPIENT defeases or advance refunds the loan, it shall be required to use the proceeds thereof immediately
upon their receipt, together with other available RECIPIENT funds, to repay both of the following:
(i) The Loan Amount with interest
(ii) Any other obligations of the RECIPIENT to ECOLOGY under this agreement, unless in its sole discretion
ECOLOGY finds that repayment from those additional sources would not be in the public interest.
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State of Washington Department of Ecology
Agreement No: WQC-2017-BremPW-00055
Project Title: East 11th Street Stormwater Treatment Design
Recipient Name: City of Bremerton
Failure to repay the Loan Amount plus interest within the time specified in ECOLOGY's notice to make such
repayment shall incur Late Charges and shall be treated as a Loan Default.
7. Refinancing or Early Repayment of the Project. So long as ECOLOGY shall hold this loan, the RECIPIENT shall
give ECOLOGY thirty days written notice if the RECIPIENT intends to refinance or make early repayment of the
loan.
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 due and payable no later than one year after the project completion date or
initiation of operation date, whichever comes first.
Thereafter, equal payments shall be due every six months.
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.
Payments shall be mailed to:
Department of Ecology
Cashiering Unit
P.O. Box 47611
Olympia WA 98504-7611
In lieu of mailing payments, electronic fund transfers can be arranged by working with ECOLOGY's Financial
Manager.
No change to the amount of the semiannual principal and interest payments shall be made without a formal
amendment to this agreement. The RECIPIENT shall 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 ECOLOGY pursuant to this
agreement remains unpaid after it becomes due and payable, ECOLOGY may assess a late charge. The late charge
shall be one percent per month on the past due amount starting on the date the debt becomes past due and until it is
paid in full.
3. Repayment Limitations. Repayment of the loan is subject to the following additional limitations, among others:
those on defeasance, refinancing and advance refunding, termination, and default and recovery of payments.
4. Prepayment of Loan. So long as ECOLOGY 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 shall 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 ECOLOGY's Revenue/Receivable Manager of the
Fiscal Office.
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State of Washington Department of Ecology
Agreement No: WQC-2017-BremPW-00055
Project Title: East 11th Street Stormwater Treatment Design
Recipient Name: City of Bremerton
J. Loan Security
Due Regard: For loans secured with a Revenue Obligation: The RECIPIENT shall exercise 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, shall be available over
and above such Maintenance and Operation Expense and those debt service requirements.
Where collecting adequate gross utility revenue requires connecting additional users, the RECIPIENT shall require the
sewer system connections necessary to meet debt obligations and expected operation and maintenance expenses.
Levy and Collection of Taxes (if used to secure the repayment of the loan): For so long as the loan is outstanding, the
RECIPIENT irrevocably pledges to include in its budget and levy taxes annually within the constitutional and statutory
tax limitations provided by law without a vote of its electors on all of the taxable property within the boundaries of the
RECIPIENT in an amount sufficient, together with other money legally available and to be used therefore, to pay
when due the principal of and interest on the loan, and the full faith, credit and resources of the RECIPIENT are
pledged irrevocably for the annual levy and collection of those taxes and the prompt payment of that principal and
interest.
Not an Excess Indebtedness: For loans secured with a general obligation pledge or a general obligation pledge on
special assessments: The RECIPIENT agrees that this agreement and the loan to be made do not create an
indebtedness of the RECIPIENT in excess of any constitutional or statutory limitations.
Pledge of Net Revenue and ULID Assessments in the ULID (if used to secure the repayment of this loan): For so long
as the loan is outstanding, the RECIPIENT irrevocably pledges the Net Revenue of the Utility, including applicable
ULID Assessments in the ULID, to pay when due the principal of and interest on the loan.
Reserve Requirement: For loans that are Revenue -Secured Debt with terms greater than five 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 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 and interest on the loan. The amount on deposit in the Reserve
Account may be applied by the RECIPIENT (1) to make, in part or in full, the final repayment to ECOLOGY of the
loan amount or, (2) if not so applied, for any other lawful purpose of the RECIPIENT once the Loan Amount, plus
interest and any other amounts owing to ECOLOGY, have been paid in full.
Utility Local Improvement District (ULID) Assessment Collection (if used to secure the repayment of the loan): All
ULID Assessments in the ULID shall be paid into the loan Fund and used to pay the principal of and interest on the
loan. The ULID Assessments in the ULID may be deposited into the Reserve Account to satisfy a Reserve
Requirement if a Reserve Requirement is applicable.
K. Maintenance and Operation of a Funded Utility: The RECIPIENT shall at all times maintain and keep a funded
Utility in good repair, working order and condition and also shall at all times operate the Utility and the business in an
efficient manner and at a reasonable cost.
L. Opinion of RECIPIENT's Legal Counsel: The RECIPIENT must submit an "Opinion of Legal Counsel to the
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State of Washington Department of Ecology
Agreement No: WQC-2017-BremPW-00055
Project Title: East 11th Street Stormwater Treatment Design
Recipient Name: City of Bremerton
RECIPIENT" to ECOLOGY before this agreement shall be signed. ECOLOGY will provide the form.
M. Prevailing Wage (Davis -Bacon Act): The RECIPIENT agrees, by signing this agreement, to comply with the
Davis -Bacon Act prevailing wage requirements. This applies to the construction, alteration, and repair of treatment
works carried out in whole or in part with assistance made available by the State Revolving Fund as authorized by
Section 513, title VI of the Federal Water Pollution Control Act (33 U.S.C. 1372). Laborers and mechanics employed
by contractors and subcontractors shall be paid wages not less often than once a week and at rates not less than those
prevailing on projects of a character similar in the locality as determined by the Secretary of Labor.
The RECIPIENT shall obtain the wage determination for the area in which the project is located prior to issuing
requests for bids, proposals, quotes or other methods for soliciting contracts (solicitation). These wage determinations
shall be incorporated into solicitations and any subsequent contracts. The RECIPIENT shall ensure that the required
EPA contract language regarding Davis -Bacon Wages is in all contracts and sub contracts in excess of $2,000. The
RECIPIENT shall maintain records sufficient to document compliance with the Davis -Bacon Act, and make such
records available for review upon request.
The RECIPIENT also agrees, by signing this agreement, to comply with State Prevailing Wages on Public Works,
Chapter 39.12 RCW, as applicable. Compliance may include the determination whether the project involves "public
work" and inclusion of the applicable prevailing wage rates in the bid specifications and contracts. The RECIPIENT
agrees to maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and make such records
available for review upon request.
N. 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 or the formation of the ULID and the levy and collection
of ULID Assessments therein pledged to pay the principal of and interest on the loan (for revenue secured lien
obligations); or
(iii) the levy and collection of the taxes pledged to pay the principal of and interest on the loan (for general
obligation -secured loans and general obligation payable from special -assessment -secured loans); or
(iv) 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.
O. Representations and Warranties: The RECIPIENT represents and warrants to ECOLOGY as follows:
Application: Material Information. All information and materials submitted by the RECIPIENT to ECOLOGY in
connection with its loan application were, when made, and are, as of the date the RECIPIENT signs 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 ECOLOGY.
Existence; Authority. It is a duly formed and legally existing municipal corporation or political subdivision of the
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State of Washington Department of Ecology
Agreement No: WQC-2017-BremPW-00055
Project Title: East 11th Street Stormwater Treatment Design
Recipient Name: City of Bremerton
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.
Certification. Each payment request shall constitute a certification by the RECIPIENT to the effect that all
representations and warranties made in this loan 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 loan agreement. Any changes in the
RECIPIENT's financial condition shall be disclosed in writing to ECOLOGY by the RECIPIENT in its request for
payment.
P. Sale or Disposition of Utility: The RECIPIENT shall 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 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 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.
4. Expressed written agreement by the DEPARTMENT.
The proceeds of any transfer under this paragraph must be used (1) to redeem promptly, or irrevocably set aside for the
redemption of, Senior Lien Obligations and to redeem promptly the loan, and (2) to provide for part of the cost of
additions to and betterments and extensions of the Utility.
Q. Sewer -Use Ordinance or Resolution: If not already in existence, the RECIPIENT shall adopt and shall enforce a
sewer -use ordinance or resolution. Such ordinance or resolution shall be submitted to ECOLOGY upon request.
The sewer use ordinance must include provisions to:
1) Prohibit the introduction of toxic or hazardous wastes into the RECIPIENT's sewer system.
2) Prohibit inflow of stormwater.
3) Require that new sewers and connections be properly designed and constructed.
R. Termination and Default:
Termination and Default Events
For Insufficient ECOLOGY or RECIPIENT Funds. ECOLOGY may terminate this loan agreement for insufficient
ECOLOGY or RECIPIENT funds.
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State of Washington Department of Ecology
Agreement No: WQC-2017-BremPW-00055
Project Title: East 11th Street Stormwater Treatment Design
Recipient Name: City of Bremerton
2. For Failure to Commence Work. ECOLOGY may terminate this loan agreement for failure of the RECIPIENT to
commence project work.
3. Past Due Payments. The RECIPIENT shall be in default of its obligations under this loan agreement when any loan
repayment becomes 60 days past due.
4. Other Cause. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance in full
by the RECIPIENT of all of its obligations under this loan agreement. The RECIPIENT shall be in default of its
obligations under this loan agreement if, in the opinion of ECOLOGY, the RECIPIENT has unjustifiably failed to
perform any obligation required of it by this loan agreement.
Procedures for Termination. If this loan agreement is terminated prior to project completion, ECOLOGY shall provide
to the RECIPIENT a written notice of termination at least five working days prior to the effective date of termination
(the "Termination Date"). The written notice of termination by the ECOLOGY 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").
Termination and Default Remedies
No Further Payments. On and after the Termination Date, or in the event of a default event, ECOLOGY may, at its
sole discretion, withdraw the loan and make no further payments under this agreement.
Repayment Demand. In response to an ECOLOGY initiated termination event, or in response to a loan default event,
ECOLOGY may at its sole discretion demand that the RECIPIENT repay the outstanding balance of the Loan Amount
and all accrued interest.
Interest after Repayment Demand. From the time that ECOLOGY demands repayment of funds, amounts owed by the
RECIPIENT to ECOLOGY shall accrue additional interest at the rate of one percent per month, or fraction thereof.
Accelerate Repayments. In the event of a default, ECOLOGY 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
Obligation upon the Net Revenue. That is, the loan is not subject to acceleration so long as any Senior Lien
Obligations are outstanding. Repayments not made immediately upon such acceleration will incur Late Charges.
Late Charges. All amounts due to ECOLOGY and not paid by the RECIPIENT by the Termination Payment Date or
after acceleration following a default event, as applicable, shall incur late charges.
Intercept State Funds. In the event of a default event and in accordance with Chapter 90.50A.060 RCW, "Defaults,"
any state funds otherwise due to the RECIPIENT may, at ECOLOGY's sole discretion, be withheld and applied to the
repayment of the loan.
Property to ECOLOGY. In the event of a default event and at the option of ECOLOGY, any personal property
(equipment) acquired under this agreement may, in ECOLOGY's sole discretion, become ECOLOGY's property. In
that circumstance, ECOLOGY shall reduce the RECIPIENT's liability to repay money by an amount reflecting the fair
value of such property.
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State of Washington Department of Ecology
Agreement No: WQC-2017-BremPW-00055
Project Title: East 11th Street Stormwater Treatment Design
Recipient Name: City of Bremerton
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 by the RECIPIENT shall, at the option
of ECOLOGY, become ECOLOGY property. The RECIPIENT shall be entitled to receive just and equitable
compensation for any satisfactory work completed on such documents and other materials.
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.
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 Chapter 4.84.330 RCW.
Damages. Notwithstanding ECOLOGY's exercise of any or all of the termination or default remedies provided in this
agreement, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY
and/or the state of Washington because of any breach of this agreement by the RECIPIENT. ECOLOGY may
withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the
RECIPIENT is determined.
S. User -Charge System: The RECIPIENT certifies that it has the legal authority to establish and implement a
user -charge system and shall adopt a system of user -charges to assure that each user of the utility shall pay its
proportionate share of the cost of operation and maintenance, including replacement during the design life of the
project.
In addition, the RECIPIENT shall regularly evaluate the user -charge system, at least annually, to ensure the system
provides adequate revenues necessary to operate and maintain the utility, to establish a reserve to pay for replacement,
to establish the required Loan Reserve Account, and to repay the loan.
WATER QUALITY COMBINED FINANCIAL ASSISTANCE TERMS AND CONDITIONS LAST UPDATED ON
10/04/2016
GENERAL FEDERAL CONDITIONS
If a portion or all of the funds for this agreement are provided through federal funding sources or this
agreement is used to match a federal grant award, the following terms and conditions apply to you.
A. CERTIFICATION REGARDING SUSPENSION. DEBARMENT. INELIGIBILITY OR VOLUNTARY
Page 27 of 37
EXCLUSION:
1. The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred,
proposed for debarment, declared ineligible or otherwise excluded from contracting with the federal
government, or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is
unable to certify to the statements contained in the certification, they must provide an explanation as to why they
cannot.
2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the
RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become
erroneous by reason of changed circumstances.
3. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant,
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person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have
the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549.
You may contact ECOLOGY for assistance in obtaining a copy of those regulations.
4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction
with a person who is proposed for debarment under the applicable Code of Federal Regulations, debarred,
suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction.
5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement, that it will include this clause titled
"CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION" without modification in all lower tier covered transactions and in all solicitations for lower tier
covered transactions.
6. Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier
covered transaction complies with certification of suspension and debarment requirements.
7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of
Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal
remedies, including suspension and debarment.
8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file, that it, and all lower tier recipients or
contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for
reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in
<http://www.sam.gov> and print a copy of completed searches to document proof of compliance.
B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING
REQUIREMENTS:
CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it
with the signed agreement to ECOLOGY.
Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five
top executives using the FFATA Data Collection Form.
• Receives more than $25,000 in federal funds under this award.
• Receives more than 80 percent of its annual gross revenues from federal funds.
• Receives more than $25,000,000 in annual federal funds.
Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form.
Ecology is required to report the FFATA information for federally funded agreements, including the required
DUNS number, at www.fsrs.gov <http://www.fsrs.gov/> within 30 days of agreement signature. The FFATA
information will be available to the public at www.usaspending. o�ttp://www.usaspending.gov/>.
For more details on FFATA requirements, see www.fsrs.gov <httn://www.fsrs.gov/>.
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State of Washington Department of Ecology
Agreement No: WQC-2017-BremPW-00055
Project Title: East 11th Street Stormwater Treatment Design
Recipient Name: City of Bremerton
GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology
GENERAL TERMS AND CONDITIONS AS OF LAST UPDATED 1/22/2018 VERSION
1. ADMINISTRATIVE REQUIREMENTS
a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans — EAGL
Edition." (https://fortress.wa.gov/ecy/publications/SummaryPages/1701004.html)
b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper
management of all funds and resources made available under this Agreement.
c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement, including ensuring
all subgrantees and contractors comply with the terms and conditions of this Agreement. ECOLOGY reserves the right
to request proof of compliance by subgrantees and contractors.
d) RECIPIENT's activities under this Agreement shall be subject to the review and approval by ECOLOGY for the
extent and character of all work and services.
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2. AMENDMENTS AND MODIFICATIONS
This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No
subsequent modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and
signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff
contacts and administrative information without the concurrence of either party.
3. ARCHAEOLOGICAL AND CULTURAL RESOURCES
RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects to archeological and historic
resources. The RECIPIENT must agree to hold harmless the State of Washington in relation to any claim related to
historical or cultural artifacts discovered, disturbed, or damaged due to the RECIPIENT's project funded under this
Agreement.
RECIPIENT shall:
a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their
project:
• For capital construction projects or land acquisitions for capital construction projects, if required, comply with
Governor Executive Order 05-05, Archaeology and Cultural Resources.
• For projects with any federal involvement, if required, comply with the National Historic Preservation Act.
• Any cultural resources federal or state requirements must be completed prior to the start of any work on the project
site.
b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to
implementing any project that involves ground disturbing activities. ECOLOGY will provide the IDP form.
RECIPIENT shall:
• Keep the IDP at the project site.
• Make the IDP readily available to anyone working at the project site.
• Discuss the IDP with staff and contractors working at the project site.
• Implement the IDP when cultural resources or human remains are found at the project site.
c) If any archeological or historic resources are found while conducting work under this Agreement:
• Immediately stop work and notify the ECOLOGY Program, the Department of Archaeology and Historic
Preservation at (360) 586-3064, any affected Tribe, and the local government.
d) If any human remains are found while conducting work under this Agreement:
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Agreement No: WQC-2017-BremPW-00055
Project Title: East 11th Street Stormwater Treatment Design
Recipient Name: City of Bremerton
• Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office, and
then the ECOLOGY Program.
e) Comply with RCW 27.53, RCW 27.44.055, and RCW 68.50.645, and all other applicable local, state, and federal
laws protecting cultural resources and human remains.
4. ASSIGNMENT
No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT.
5. COMMUNICATION
RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees,
ECOLOGY, all affected local, state, or federal jurisdictions, and any interested individuals or groups.
6. COMPENSATION
a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the
RECIPIENT. ECOLOGY must sign the Agreement before any payment requests can be submitted.
b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement.
c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified
with ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to
expenditure.
d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY.
e) ECOLOGY will not process payment requests without the proper reimbursement forms, Progress Report and
supporting documentation. ECOLOGY will provide instructions for submitting payment requests.
I) ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment.
g) RECIPIENT will receive payment through Washington State Department of Enterprise Services' Statewide Payee
Desk. RECIPIENT must register as a payee by submitting a Statewide Payee Registration form and an IRS W-9 form
at the website, http://www.des.wa.gov/services/ContractingPurchasing/BusinessNendorPay/Pages/default.aspx. For
any questions about the vendor registration process contact the Statewide Payee Help Desk at (360) 407-8180 or email
payeehelpdesk@watech.wa.gov.
h) ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to
satisfactorily comply with any term or condition of this Agreement.
i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein, or a portion
thereof, has been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to
this Agreement, as appropriate, or upon completion of an audit as specified herein.
j) RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement, all financial,
performance, and other reports required by this agreement. Failure to comply may result in delayed reimbursement.
7. COMPLIANCE WITH ALL LAWS
RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits
related to this Agreement, including but not limited to:
a) RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State
of Washington which affect wages and job safety.
b) RECIPIENT agrees to be bound by all applicable federal and state laws, regulations, and policies against
discrimination.
c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements.
d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits
required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project
timeline for the permit and approval processes.
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Agreement No: WQC-2017-BremPW-00055
Project Title: East 11th Street Stormwater Treatment Design
Recipient Name: City of Bremerton
ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the
RECIPIENT fails to comply with above requirements.
If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is considered
modified to conform to that statute or rule of law.
8. CONFLICT OF INTEREST
RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or
responsibility in the review, approval, or carrying out of this Agreement, shall not have any personal or financial
interest, direct or indirect, nor affect the interest of any corporation, partnership, or association in which he/she is a part,
in this Agreement or the proceeds thereof.
9. CONTRACTING FOR GOODS AND SERVICES
RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall
award all contracts for construction, purchase of goods, equipment, services, and professional architectural and
engineering services through a competitive process, if required by State law. RECIPIENT is required to follow
procurement procedures that ensure legal, fair, and open competition.
RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT
may be required to provide written certification that they have followed their standard procurement procedures and
applicable state law in awarding contracts under this Agreement.
ECOLOGY reserves the right to inspect and request copies of all procurement documentation, and review procurement
practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with
state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY's sole discretion.
10. DISPUTES
When there is a dispute with regard to the extent and character of the work, or any other matter related to this
Agreement the determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal
decisions as provided for below:
a) RECIPIENT notifies the funding program of an appeal request.
b) Appeal request must be in writing and state the disputed issue(s).
c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal.
d) ECOLOGY reviews the RECIPIENT's appeal.
e) ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the
review.
The decision of ECOLOGY from an appeal will be final and conclusive, unless within thirty (30) days from the date of
such decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or
duly authorized representative will be final and conclusive.
The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal.
Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director's
decision will not be taken to Environmental and Land Use Hearings Office.
Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this
Agreement and in accordance with the decision rendered.
Nothing in this Agreement will be construed to limit the parties' choice of another mutually acceptable method, in
addition to the dispute resolution procedure outlined above.
11. ENVIRONMENTAL DATA STANDARDS
a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses
environmental measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact
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Recipient Name: City of Bremerton
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the ECOLOGY Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall:
• Use ECOLOGY's QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance
(QA) officer or the Program QA coordinator instructs otherwise.
• Follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies, July
2004 (Ecology Publication No. 04-03-030).
• Submit the QAPP to ECOLOGY for review and approval before the start of the work.
b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the
Environmental Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The
RECIPIENT must confirm with ECOLOGY that complete and correct data was successfully loaded into EIM, find
instructions at: http://www.ecy.wa.gov/eim.
c) RECIPIENT shall follow ECOLOGY's data standards when Geographic Information System (GIS) data is collected
and processed. Guidelines for Creating and Accessing GIS Data are available at:
https:Hecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards. RECIPIENT,
when requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables,
raw data collection files, map products, and all metadata and project documentation.
12. GOVERNING LAW
This Agreement will be governed by the laws of the State of Washington, and the venue of any action brought
hereunder will be in the Superior Court of Thurston County.
13. INDEMNIFICATION
ECOLOGY will in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the
project described herein, except as provided in the Scope of Work.
To the extent that the Constitution and laws of the State of Washington permit, each party will indemnify and hold the
other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act
or omission of that party or that party's agents or employees arising out of this Agreement.
14. INDEPENDENT STATUS
The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue
to be employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of
the other party.
15. KICKBACKS
RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement
to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift
in return for award of a subcontract hereunder.
16. MINORITY AND WOMEN'S BUSINESS ENTERPRISES (MWBE)
RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-owned (MBE) and
women -owned (WBE) businesses in purchases and contracts initiated under this Agreement.
Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged
to take the following actions, when possible, in any procurement under this Agreement:
a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods
or services.
b) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum
participation by qualified minority and women's businesses.
c) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified
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Project Title: East 11th Street Stormwater Treatment Design
Recipient Name: City of Bremerton
minority and women's businesses.
d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises
(OMWBE) (866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as
appropriate.
17. ORDER OF PRECEDENCE
In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved
by giving precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The
Agreement; (c) Scope of Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by
reference, including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; and (f) the
General Terms and Conditions.
18. PRESENTATION AND PROMOTIONAL MATERIALS
ECOLOGY reserves the right to approve RECIPIENT's communication documents and materials related to the
fulfillment of this Agreement:
a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days
prior to production and distribution.
b) RECIPIENT shall include time for ECOLOGY's review and approval process in their project timeline.
c) If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible
products developed.
Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets,
videos, audio tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator
magnet, and any online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to
provide a copy, then the RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best
represents the item.
Any communications intended for public distribution that uses ECOLOGY's logo shall comply with ECOLOGY's
graphic requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY's
logo contact ECOLOGY for guidelines.
RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY.
19. PROGRESS REPORTING
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a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress
reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does
not document timely use of funds.
b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed
without a progress report. ECOLOGY will define the elements and frequency of progress reports.
c) RECIPIENT shall use ECOLOGY's provided progress report format.
d) Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1
through September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after
the end of the quarter being reported.
e) RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extension has been
approved by ECOLOGY, all financial, performance, and other reports required by the agreement and funding program
guidelines. RECIPIENT shall use the ECOLOGY provided closeout report format.
20. PROPERTY RIGHTS
a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable
property under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free,
nonexclusive, and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to
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Agreement No: WQC-2017-BremPW-00055
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Recipient Name: City of Bremerton
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authorize others to use the same for federal, state, or local government purposes.
b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY
information; present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports,
maps, or other data in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY.
c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic
materials produced in fulfillment of this Agreement, in any manner ECOLOGY deems appropriate. ECOLOGY shall
acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials.
d) Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology
Grants and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part
with funds furnished by ECOLOGY in the absence of state and federal statutes, regulations, or policies to the contrary,
or upon specific instructions with respect thereto in this Agreement.
e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the
RECIPIENT for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by
ECOLOGY. If said property is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall
be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property.
I) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds
for the acquisition of land or facilities:
1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in
this Agreement.
2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to
disbursement of funds provided by this Agreement. Such evidence may include title insurance policies, Torrens
certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim
which would impair the uses intended by this Agreement.
g) Conversions. Regardless of the Agreement expiration date, the RECIPIENT shall not at any time convert any
equipment, property, or facility acquired or developed under this Agreement to uses other than those for which
assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned
upon payment to ECOLOGY of that portion of the proceeds of the sale, lease, or other conversion or encumbrance
which monies granted pursuant to this Agreement bear to the total acquisition, purchase, or construction costs of such
property
21. RECORDS, AUDITS, AND INSPECTIONS
RECIPIENT shall maintain complete program and financial records relating to this Agreement, including any
engineering documentation and field inspection reports of all construction work accomplished.
All records shall:
a) Be kept in a manner which provides an audit trail for all expenditures.
b) Be kept in a common file to facilitate audits and inspections.
c) Clearly indicate total receipts and expenditures related to this Agreement.
d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of
Washington, for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute
resolution hereunder.
RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify
discrepancies in the records.
ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state
has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be
enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination.
All work performed under this Agreement and any property and equipment purchased shall be made available to
ECOLOGY and to any authorized state, federal or local representative for inspection at any time during the course of
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Recipient Name: City of Bremerton
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this Agreement and for at least three (3) years following grant or loan termination or dispute resolution hereunder.
RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times,
in order to monitor and evaluate performance, compliance, and any other conditions under this Agreement.
22. RECOVERY OF FUNDS
The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory
performance of this Agreement and completion of the work described in the Scope of Work.
All payments to the RECIPIENT are subject to approval and audit by ECOLOGY, and any unauthorized expenditure(s)
or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT.
RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this
Agreement.
RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments
within thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the
time ECOLOGY demands repayment of funds.
Any property acquired under this Agreement, at the option of ECOLOGY, may become ECOLOGY's property and the
RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property.
23. 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.
24. STATE ENVIRONMENTAL POLICY ACT (SEPA)
RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State
Environmental Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC) have been or will be met. Any
reimbursements are subject to this provision.
25. SUSPENSION
When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or
any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT. RECIPIENT shall
resume performance on the next business day following the suspension period unless another day is specified by
ECOLOGY.
26. SUSTAINABLE PRACTICES
In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is fully encouraged to implement
sustainable practices and to purchase environmentally preferable products under this Agreement.
a) Sustainable practices may include such activities as: use of clean energy, use of double -sided printing, hosting low
impact meetings, and setting up recycling and composting programs.
b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers
and imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products
with reduced packaging, office products that are refillable, rechargeable, and recyclable, and 100% post -consumer
recycled paper.
For more suggestions visit ECOLOGY's web page: Green Purchasing, ,
https:Hecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing.
27. TERMINATION
a) For Cause
ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the
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Agreement No: WQC-2017-BremPW-00055
Project Title: East 11th Street Stormwater Treatment Design
Recipient Name: City of Bremerton
RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material
breach of any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance
rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination.
Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to
commence work on the project funded within four (4) months after the effective date of this Agreement, or by any date
mutually agreed upon in writing for commencement of work, or the time period defined within the Scope of Work.
Non -Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the
RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the
opinion of ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any
further funds, terminate in whole or in part this Agreement, and exercise any other rights under this Agreement.
Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by
ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY
may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from
the RECIPIENT is determined.
b) For Convenience
ECOLOGY may terminate for convenience this Agreement, in whole or in part, for any reason when it is the best
interest of ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted
below. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in
accordance with the terms of this Agreement prior to the effective date of termination.
Non -Allocation of Funds. ECOLOGY's ability to make payments is contingent on availability of funding. In the event
funding from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and
prior to the completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate
the Agreement, in whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions.
ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines the funding
insufficiency is resolved. ECOLOGY may exercise any of these options with no notification or restrictions, although
ECOLOGY will make a reasonable attempt to provide notice.
In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the recipient/contractor
through the effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the
recipient/contractor. In no event shall ECOLOGY's reimbursement exceed ECOLOGY's total responsibility under the
agreement and any amendments.
If payments have been discontinued by ECOLOGY due to unavailable funds, the RECIPIENT shall not be obligated to
repay monies which had been paid to the RECIPIENT prior to such termination.
RECIPIENT's obligation to continue or complete the work described in this Agreement shall be contingent upon
availability of funds by the RECIPIENT's governing body.
c) By Mutual Agreement
ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written
agreement.
d) In Event of Termination
All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other
materials prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of
ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work
Version 10/30/2015
State of Washington Department of Ecology
Agreement No: WQC-2017-BremPW-00055
Project Title: East 11th Street Stormwater Treatment Design
Recipient Name: City of Bremerton
Page 37 of 37
completed on such documents and other materials.
Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in
accordance with Recovery of Funds, identified herein.
28. THIRD PARTY BENEFICIARY
RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement, the state
of Washington is named as an express third party beneficiary of such subcontracts with full rights as such.
29. WAIVER
Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach,
and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the
authorized representative of ECOLOGY.
Version 10/30/2015
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Stormwater Financial
Assistance Program Grant with the
Washington State Department of Ecology
for the Marine Drive & Kitsap Way
Stormwater Low Impact Development (LID)
and Treatment Retrofit Construction
6G
Study Session Date: August 8, 2018
COUNCIL MEETING Date: Auaust 15. 2018
Department:
Presenter:
Phone:
Public Works & Utilities
Chance W Berthiaume
(360) 473-5929
SUMMARY: The City has received a $664,747 Ecology Stormwater Financial Assistance Program
(SFAP) grant to construct a previously designed Stormwater LID treatment system on Marine Drive.
The treatment systems will be installed on Marine Drive between Dora and Rocky Point Rd and just
south of Kelly Road, on Marine Drive prior to the outfall into Oyster Bay. A treatment system will also
be installed on the north side of Kitsap Way just west of Oyster Bay Ave. N. to treat an area of runoff
from Kitsap Way.
ATTACHMENTS:
1) Project summary
2) Ecology contract WQC-2017-BremPW-00052: "Marine Drive Stormwater LID Treatment
Retrofit"
FISCAL IMPACTS (Include Budgeted Amount): $664,747 total project cost is funded with
$498,560.25 from the Ecology grant and $166,186.75 matching funds. The grant match has been
identified in the 2019 Storm Water Utility Capitol fund.
STUDY SESSION AGENDA: ❑x Limited Presentation ❑ Full Presentation
STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION:
Move to accept the Washington State Department of Ecology Stormwater Financial Assistance
Program Grant for the Marine Drive & Kitsap Way Stormwater Low Impact Development and
Treatment Retrofit Construction; and authorize the Mayor to finalize and execute the agreement with
substantially the same terms and conditions as presented.
COUNCIL ACTION: ❑ Approve
Form Updated 01/02/2018
❑ Deny ❑ Table ❑ Continue ❑ No Action
MARINE DRIVE & KITSAP WAY STORMWATER
TREATMENT RETROFIT CONSTRUCTION
Project Scope: Active Grant Contract
Oyster and Ostrich Bays have water quality problems that are exacerbated by the discharge of untreated stormwater. Ecolo-
gy has awarded a $664,747 grant to complete construction of the designed system to the City of Bremerton Stormwater Pro-
gram. This project will install one Modular Wetland System (MWS) & 250' of infiltration trench on Marine Drive at Dora Ave,
and two Modular Wetlands Systems, south of Kelly Rd, to treat runoff prior to discharge into Oyster Bay. The MWS provides
basic, enhanced, and phosphorus treatment, and will reduce fecal coliform in runoff from 34 acres that includes: 1.34 miles
of urban roads and 17.4 acres of pollution generating impervious surface.
The Kitsap Way Modular Wetland system will be installed in front of the Oyster Bay Inn on
Kitsap Way to treat runoff from 1.5 acres of impervious area on Kitsap Way.
Water Quality Total Maximum Daily Load
(TMDL): Sinclair and Dyes Inlets are 303(d)
Listed water bodies for elevated fecal coli-
form (FC). Oyster and Ostrich Bays are con-
nected to Dyes Inlet. In the 1960's FC and
general pollution caused shellfish bed clo-
sures. This project supports the water qual-
ity cleanup plan.
Combined Project Cost Budget: $664,747
Funding: 75% ($498K) Ecology SFAP Grant
Stormwater Fund Match: 25% ($166K)
Designer: Parametrix Inc, Bremerton
Contractor: TBD
Project Manager: Chance Berthiaume /
Katie Ketterer
MWS Treatment systems remove:
85% of total suspended solids (TSS)
66% dissolved copper,
50% total copper,
66% dissolved zinc,
69% total zinc,
95% motor oil / petroleum hydro-
carbons,
Total Phosphorus: 64%
Ortho Phosphorus: 67%
Nitrogen: 45%
Phosphorus and nitrogen are nutri-
ents that feed algae blooms, includ-
ing cyanobacteria (blue-green toxic
algae).
The MWS will remove and retain
debris, sediments, TSS, dissolved
and particulate metals and nutrients
including nitrogen and phosphorus,
bacteria, BOD, oxygen demanding
substances, organic compounds and
hydrocarbons during frequent storm
events and continuous dry weather
a Ca h Basin — Pipe Figure 6
Kitsap We
B Manhole—Delersion Line Contributing Basin
K
onttwiP�o�entinn Pnna
T/)i
Feet IGGa Kit—, Contributing Basin Ciry o! &remenan
PROJECT SCHEDULE
2018-2019
Aug Sep Oct Nov Dec Jan Feb Apr May Jun Jul Aug Sept Oct
Key: Design/Ecology approval/Permitting Bid/Award MEMMM
DEPARTMENT OF
*a ECOLOGY
"M State of Washington
Agreement No. WQC-2017-BremPW-00052
WATER QUALITY COMBINED FINANCIAL ASSISTANCE AGREEMENT
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
CITY OF BREMERTON
This is a binding Agreement entered into by and between the state of Washington, Department of Ecology,
hereinafter referred to as "ECOLOGY," and City of Bremerton, hereinafter referred to as the "RECIPIENT," to carry
out with the provided funds activities described herein.
GENERAL INFORMATION
Project Title:
Total Cost:
Total Eligible Cost:
Ecology Share:
Recipient Share:
The Effective Date of this Agreement is:
The Expiration Date of this Agreement is no later than:
Project Type:
Project Short Description:
Marine Drive Stormwater LID and Treatment
Retrofit
$664,747.00
$664,747.00
$498,560.25
$166,186.75
07/01/2017
06/30/2020
Stormwater Facility
This project will improve water quality in the Oyster Bay through the installation of modular wetlands and an
infiltration trench at Marine Drive and Kitsap Way in the city of Bremerton. This project will provide treatment
for total suspended solids (TSS), dissolved copper, dissolved zinc, and total phosphorus. Additional benefits of
this project include the improved health of commercial shellfish beds in the area.
Project Long Description:
The Marine Drive basin consists of mixed residential and commercial areas. Stormwater runoff is conveyed to
the Marine Drive outfall into Oyster Bay via a system of ditches, catch basins, and storm sewer pipes.
Stormwater concerns include pollutants from roadways, roofs and landscapes that contain petroleum, polycyclic
aromatic hydrocarbons (PAHs), metals, fertilizers, pesticides, and fecal coliform bacteria. Oyster Bay is
included in the fecal coliform Total Maximum Daily Load (TMDL) plan for the Sinclair and Dyes inlets. This
project is an integral part of a coordinated regional effort to reopen area commercial shellfish harvesting.
State of Washington Department of Ecology
Agreement No: WQC-2017-BremPW-00052
Project Title: Marine Drive Stormwater LID and Treatment Retrofit
Recipient Name: City of Bremerton
This project will improve water quality from Marine Drive and Kitsap Way by treating runoff from
approximately 34 acres, including 1.34 miles of urban road surface and 18.6 acres of other impervious surfaces.
The RECIPIENT will install modular wetland systems and an infiltration trench. In addition, a Stormtech
chamber will be installed within the infiltration trench to increase trench storage capacity. For the 100 -year
storm, the project will treat 50 percent of the Marine Drive basin and 100 percent of the Kitsap Way area.
Overall Goal:
This project will help protect and restore water quality in Washington by reducing stormwater impacts from
existing infrastructure and development.
Version 10/30/2015
Page 2 of 41
State of Washington Department of Ecology
Agreement No: WQC-2017-BremPW-00052
Project Title: Marine Drive Stormwater LID and Treatment Retrofit
Recipient Name: City of Bremerton
RECIPIENT INFORMATION
Organization Name: City of Bremerton
Federal Tax ID: 91-6001231
DUNS Number: 556846970
Mailing Address: 100 Oyster Bay Ave N
Bremerton, Washington 98312
Physical Address: 100 Oyster Bay Ave N
Bremerton, Washington 98312
Bremerton, Washington 98312
Organization Email: chance.berthiaume@ci.bremerton.wa.us
Contacts
Page 3 of 41
Project Manager
Chance Berthiaume
NPDES Stormwater Permit Coordinator
100 Oyster Bay Ave N
Bremerton, Washington 98312
Email: chance.berthiaume(4�ci.bremerton.wa.us
Phone: (360) 473-5929
Billing Contact
Anna Cruz
Accountant / Financial Analyst
345 6th Street, Suite 100
Bremerton, Washington 98337
Email: anna.cruz@ci.bremerton.wa.us
Phone: (360) 473-2327
Authorized
Chal Martin
Signatory
Public Works Director
345 6the Street, Suite 600
Bremerton, Washington 98337
Email: chal.martin@ci.bremerton.wa.us
Phone: (360) 473-5758
Version 10/30/2015
State of Washington Department of Ecology
Agreement No: WQC-2017-BremPW-00052
Project Title: Marine Drive Stormwater LID and Treatment Retrofit
Recipient Name: City of Bremerton
ECOLOGY INFORMATION
Mailing Address: Department of Ecology
Water Quality
PO BOX 47600
Olympia, WA 98504-7600
Physical Address: Water Quality
300 Desmond Drive SE
Lacey, WA 98503
Contacts
Page 4 of 41
Version 10/30/2015
Cleo Neculae
Project
Manager
3190 - 160th Ave SE
Bellevue, Washington 98008-5452
Email: cnec461@ecy.wa.gov
Phone: (425) 649-7216
Layne Slone
Financial
Financial Manager
Manager
PO Box 47600
Olympia, Washington 98504-7600
Email: Inak461@ecy.wa.gov
Phone: (360) 407-6225
Amanda Heye
Technical
Advisor
PO Box 47600
Olympia, Washington 98504-7600
Email: ahey461@ecy.wa.gov
Phone: (360) 407-6457
Version 10/30/2015
State of Washington Department of Ecology
Agreement No: WQC-2017-BremPW-00052
Project Title: Marine Drive Stonnwater LID and Treatment Retrofit
Recipient Name: City of Bremerton
AUTHORIZING SIGNATURES
RECIPIENT agrees to furnish the necessary personnel, equipment, materials, services, and otherwise do all things
necessary for or incidental to the performance of work as set forth in this Agreement.
RECIPIENT acknowledges that they had the opportunity to review the entire Agreement, including all the terms and
conditions of this Agreement, Scope of Work, attachments, and incorporated or referenced documents, as well as all
applicable laws, statutes, rules, regulations, and guidelines mentioned in this Agreement. Furthermore, the
RECIPIENT has read, understood, and accepts all requirements contained within this Agreement.
This Agreement contains the entire understanding between the parties, and there are no other understandings or
representations other than as set forth, or incorporated by reference, herein.
No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing, signed-
by
ignedby authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement. ECOLOGY and
RECIPIENT may change their respective staff contacts without the concurrence of either party.
This Agreement shall be subject to the written approval of Ecology's authorized representative and shall not be
binding until so approved.
The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their
respective organizations to this Agreement.
IN WITNESS WHEREOF: the parties hereto, having read this Agreement in its entirety, including all attachments, do
agree in each and every particular and have thus set their hands hereunto.
Washington State
Department of Ecology
LIM
Heather R. Bartlett
Water Quality
Program Manager
Template Approved to Form by
Attorney General's Office
Version 10/30/2015
Date
City of Bremerton
LIM
Chal Martin
Public Works Director
Page 5 of 41
Date
State of Washington Department of Ecology
Agreement No: WQC-2017-BremPW-00052
Project Title: Marine Drive Stormwater LID and Treatment Retrofit
Recipient Name: City of Bremerton
Greg Wheeler
Page 6 of 41
Mayor Date
Chance Berthiaume
NPDES Stormwater Permit Coordinator Date
Version 10/30/2015
State of Washington Department of Ecology
Agreement No: WQC-2017-BremPW-00052
Project Title: Marine Drive Stormwater LID and Treatment Retrofit
Recipient Name: City of Bremerton
SCOPE OF WORK
Task Number:
Task Title: Project Administration/Management
Task Cost: $8,000.00
Task Description:
A. The RECIPIENT shall carry out all work necessary to meet ECOLOGY grant or loan administration requirements.
Responsibilities include, but are not limited to: maintenance of project records; submittal of requests for
reimbursement and corresponding backup documentation; progress reports; and a recipient closeout report (including
photos).
B. The RECIPIENT shall maintain documentation demonstrating compliance with applicable procurement,
contracting, and interlocal agreement requirements; application for, receipt of, and compliance with all required
permits, licenses, easements, or property rights necessary for the project; and submittal of required performance items.
C. The RECIPIENT shall manage the project. Efforts include, but are not limited to: conducting, coordinating, and
scheduling project activities and assuring quality control. Every effort will be made to maintain effective
communication with the RECIPIENT's designees; ECOLOGY; all affected local, state, or federal jurisdictions; and any
interested individuals or groups. The RECIPIENT shall carry out this project in accordance with any completion dates
outlined in this agreement.
Task Goal Statement:
Properly managed and fully documented project that meets ECOLOGY's grant or loan administrative requirements.
Task Expected Outcome:
* Timely and complete submittal of requests for reimbursement, quarterly progress reports, and RECIPIENT closeout
report.
* Properly maintained project documentation
Recipient Task Coordinator: Chance Berthiaume
Project Administration/Management
Deliverables
Page 7 of 41
Number
Description
Due Date
1.1
Quarterly Progress Reports
12
Recipient Closeout Report
1.3
Project Outcome Summary Report
Version 10/30/2015
State of Washington Department of Ecology
Agreement No: WQC-2017-BremPW-00052
Project Title: Marine Drive Stormwater LID and Treatment Retrofit
Recipient Name: City of Bremerton
SCOPE OF WORK
Task Number:
Task Title
Task Cost: $25,000.00
Design Plans and Specs, Environmental Review
Task Description:
The RECIPIENT shall ensure the following items are completed and provide the associated deliverables to
ECOLOGY. The RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance.
A. The RECIPIENT will coordinate the preparation and submittal of State Environmental Policy Act (SEPA)
documentation.
B. The RECIPIENT is responsible for application of, receipt of, and compliance with all required local, state, tribal
and federal permits, licenses, easements, or property rights necessary for the project.
C. The RECIPIENT will comply with Executive Order (05-05) cultural resources review requirements. To initiate
cultural resources review the RECIPIENT will:
1. Submit an ECOLOGY 05-05/106 Form, or a cultural resources survey or assessment completed by a licensed
archaeologist to ECOLOGY. All submitted materials must conform to the Washington State Standards for Cultural
Resource Reporting (DAHP February 2014).
2. Develop and submit an Inadvertent Discovery Plan (IDP) to ECOLOGY. The RECIPIENT will ensure that all
contractors and subcontractors have a copy of the completed IDP prior to and while working on-site. An IDP template
may be found on the ECOLOGY website.
Ground disturbing work (including geotechnical investigations) completed prior to receiving written notice to proceed
from ECOLOGY shall not be eligible for reimbursement.
D. The RECIPIENT will develop a project Design Report. Projects must be designed in accordance with the
Stormwater Management Manual for Eastern Washington, Stormwater Management Manual for Western Washington,
or equivalent manual. Project must be reviewed and accepted in writing by ECOLOGY to be eligible for
reimbursement.
The RECIPIENT will submit one digital copy of the items listed below to ECOLOGY for review. Reduce design
figures to 11x17 inches in size and ensure they are legible.
1. Design Report. For a complete list of required design report elements refer to the ECOLOGY website.
The RECIPIENT agrees to respond to ECOLOGY comments. The RECIPIENT must receive an Ecology Design
Report Acceptance Letter prior to proceeding to 90 Percent design.
2. 90 Percent Design Package. At a minimum, this package must include 90 percent plans, specifications, engineer's
opinion of cost which includes a schedule of eligible costs, and project construction schedule. For current bid inserts
and specifications refer to the ECOLOGY website.
Version 10/30/2015
Page 8 of 41
State of Washington Department of Ecology
Agreement No: WQC-2017-BremPW-00052
Project Title: Marine Drive Stormwater LID and Treatment Retrofit
Recipient Name: City of Bremerton
The RECIPIENT agrees to respond to ECOLOGY comments. The RECIPIENT must receive an Ecology 90 Percent
Design Acceptance Letter prior to proceeding with Final Design.
3. The RECIPIENT will submit a digital copy of the Final Bid Package to ECOLOGY for review and acceptance
prior to advertising the project. The Final Bid Package includes: project plans, specifications, engineer's opinion of
cost including a schedule of eligible costs, and project construction schedule.
Task Goal Statement:
The RECIPIENT will complete all design, environmental review, and permitting tasks and respond to ECOLOGY
comments in a timely manner.
Task Expected Outcome:
The project will meet the requirements set forth by the State Environmental Policy Act, cultural resource protection
requirements, ECOLOGY water quality facility design standards, and all other applicable federal, state, and local laws
and regulations.
Version 10/30/2015
Page 9 of 41
State of Washington Department of Ecology
Agreement No: WQC-2017-BremPW-00052
Project Title: Marine Drive Stormwater LID and Treatment Retrofit
Recipient Name: City of Bremerton
Recipient Task Coordinator: Chance Berthiaume
Design Plans and Specs, Environmental Review
Deliverables
Page 10 of 41
Number
Description
Due Date
2.1
Copy of SEPA determination documentation. Upload to EAGL and
notify ECOLOGY when upload is complete.
22
Submit ECOLOGY 05-05/106 Form and any supplemental cultural
resources documentation including Cultural Resource surveys directly to
the Ecology Project Manager. Upload the Final Determination Letter to
EAGL.
2.3
Inadvertent Discovery Plan. Upload to EAGL and notify ECOLOGY
when upload is complete.
2.4
Design Report. Upload to EAGL and notify ECOLOGY when upload is
complete.
2.5
Responses to ECOLOGY Design Report comments. Upload to EAGL
and notify ECOLOGY when upload is complete.
2.6
Ecology Design Report Acceptance Letter. Upload to EAGL and notify
ECOLOGY when upload is complete.
2.7
90 Percent Design Package. Upload to EAGL and notify ECOLOGY
when upload is complete.
2.8
Responses to ECOLOGY 90 Percent Design Plan comments. Upload to
EAGL and notify ECOLOGY when upload is complete.
2.9
Ecology 90 Percent Design Acceptance Letter. Upload to EAGL and
notify ECOLOGY when upload is complete.
2.10
List of permits acquired, and environmental review documents. Upload
to EAGL and notify ECOLOGY when upload is complete.
2.11
Final Bid Package. Upload to EAGL and notify ECOLOGY when upload
is complete.
2.12
Ecology Final Bid Package Acceptance Letter. Upload to EAGL and
notify ECOLOGY when upload is complete.
Version 10/30/2015
State of Washington Department of Ecology
Agreement No: WQC-2017-BremPW-00052
Project Title: Marine Drive Stormwater LID and Treatment Retrofit
Recipient Name: City of Bremerton
SCOPE OF WORK
Task Number: 3 Task Cost: $109,958.00
Task Title: Construction Management
Task Description:
A. The RECIPIENT will provide construction oversight and management of the project.
B. The RECIPIENT will submit a detailed construction quality assurance plan to ECOLOGY for review and
acceptance before the start of construction. This plan must describe how the RECIPIENT will perform adequate and
competent construction oversight. Once accepted by Ecology, upload to EAGL.
C. The RECIPIENT will conduct a pre -construction conference meeting and invite ECOLOGY to attend.
D. The RECIPIENT will submit an updated project schedule with projected cash flow to ECOLOGY within 30 days
of the start of construction. The RECIPIENT will revise and/or update the project schedule whenever major changes
occur and at a minimum of every three months. The RECIPIENT will submit the updated schedule to ECOLOGY with
the quarterly report. When changes in the construction schedule affect previous cash flow estimates, The RECIPIENT
must submit revised cash flow projections to ECOLOGY.
E. Prior to execution, the RECIPIENT will submit in writing any eligible change orders that are a significant deviation
from ECOLOGY -accepted plans and specifications for ECOLOGY review and acceptance for payment. ECOLOGY
must review and accept all change orders that impact grant eligible activities prior to implementation. ECOLOGY
must review all other change orders for technical merit and should be submitted within 30 days after execution.
Change orders are to be signed by the contractor, the engineer (if appropriate), and the RECIPIENT prior to submittal
to ECOLOGY for acceptance.
F. The RECIPIENT will operate and maintain the constructed facility for the design life of the facility. Additionally,
the RECIPIENT will develop and submit an operations and maintenance (O&M) plan for all Water Quality Best
Management Practices to ECOLOGY for review. The O&M plan will describe how the RECIPIENT will ensure
project success consistent with the design manual used. The O&M plan must also address long-term activities to assure
ongoing pollutant removal and flow -control capability of the project in accordance with the design manual.
G. Upon completion of construction, the RECIPIENT will provide to ECOLOGY:
1. A Stormwater Construction Completion Form signed by a professional engineer indicating that the project was
completed in accordance with the plans and specifications and major change orders approved by ECOLOGY's Project
Engineer and shown on the Record Drawings. The Stormwater Construction Completion Form can be found on the
ECOLOGY website.
2. GIS compatible project area in Shapefile, Geodatabase file, or ECOLOGY -Approved Equivalent. The project area
should include features for treatment facilities and contributing areas.
Task Goal Statement:
The RECIPIENT will oversee and manage construction, communicate with ECOLOGY in a timely fashion, and
provide ECOLOGY with all requested project documentation.
Version 10/30/2015
Page 11 of 41
State of Washington Department of Ecology
Agreement No: WQC-2017-BremPW-00052
Project Title: Marine Drive Stormwater LID and Treatment Retrofit
Recipient Name: City of Bremerton
Task Expected Outcome:
Project will be constructed on schedule and in accordance with accepted plans.
Recipient Task Coordinator: Chance Berthiaume
Construction Management
Deliverables
Page 12 of 41
Number
Description
Due Date
3.1
Construction Quality Assurance Plan. Submit to ECOLOGY for review
and acceptance. Upload to EAGL and notify ECOLOGY when upload is
complete.
32
Pre -construction conference meeting minutes. Upload to EAGL and
notify ECOLOGY when upload is complete.
3.3
Project Schedule. Upload to EAGL using naming convention D3.3
SCHEDULE MO -DA -YEAR and notify ECOLOGY when upload is
complete.
3.4
Revised cash flow estimates when changes in construction schedule
occur. Upload to EAGL using naming convention D3.4 CASHFLOW
MO -DA -YEAR and notify ECOLOGY when upload is complete.
3.5
Change Order(s). Upload to EAGL and notify ECOLOGY when upload
is complete.
3.6
Copy of Facility Operation and Maintenance Plan. Submit to ECOLOGY
for review and acceptance. Upload to EAGL and notify ECOLOGY
when upload is complete.
3.7
Stormwater Construction Completion Form. Upload to EAGL and notify
ECOLOGY when upload is complete.
3.8
Project Area Shapefile, Geodatabase file, or ECOLOGY -approved
Equivalent. The project area should include features for treatment
facilities and contributing areas. Upload to EAGL and notify ECOLOGY
when upload is complete.
Version 10/30/2015
State of Washington Department of Ecology
Agreement No: WQC-2017-BremPW-00052
Project Title: Marine Drive Stormwater LID and Treatment Retrofit
Recipient Name: City of Bremerton
SCOPE OF WORK
Task Number:
Task Title: Construction
Task Cost: $521,789.00
Task Description:
A. The RECIPIENT will, in accordance with ECOLOGY -accepted plans and specifications, complete construction of
the project. The construction project will include installation of modular wetland systems and an infiltration trench to
mitigate runoff from approximately 18 acres of pollution generating impervious surfaces.
B. Calculate and submit an equivalent new/re-development area for the completed retrofit project(s) using the
methods outlined in Appendix N of the funding guidelines for State Fiscal Year 2017 Combined Water Quality
Financial Assistance Program or other ECOLOGY -accepted method.
Task Goal Statement:
Construction of the project in accordance with ECOLOGY -accepted plans and specifications.
Task Expected Outcome:
Constructed project will provide water quality benefits including reductions in total suspended solids (TSS), dissolved
copper, dissolved zinc, and total phosphorus.
Recipient Task Coordinator: Chance Berthiaume
Construction
Deliverables
Page 13 of 41
Number
Description
Due Date
4.1
Copy of the contract documents (e.g. bid announcement, bid award and
bid tabulations). Upload to EAGL and notify ECOLOGY when upload is
complete.
42
Copy of signed and dated construction contract. Upload to EAGL and
notify ECOLOGY when upload is complete.
4.3
Construction progress reports and photos included in progress reports
uploaded to EAGL.
4.4
Completed equivalent new/redevelopment area determination. Upload to
EAGL and notify ECOLOGY when upload is complete.
Version 10/30/2015
State of Washington Department of Ecology
Agreement No: WQC-2017-BremPW-00052
Project Title: Marine Drive Stormwater LID and Treatment Retrofit
Recipient Name: City of Bremerton
BUDGET
Funding Distribution EG190004
NOTE: The above funding distribution number is used to idents this specific agreement and budget on payment
remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple
funding distribution numbers to idents each budget.
Funding Title:
Funding Effective Date:
Funding Source:
Title:
Type:
Funding Source %
Description:
SFAP
07/01/2017
SFAP - SFY17
State
100%
Funding Type: Grant
Funding Expiration Date: 06/30/2020
Environmental Legacy Stewardship Account (ELSA) - State
Approved Indirect Costs Rate: Approved State Indirect Rate: 0%
Recipient Match %: 25%
InKind Interlocal Allowed: No
InKind Other Allowed: No
Is this Funding Distribution used to match a federal grant? No
SFAP
Task Total
Project Administration/Management
$ 8,000.00
Design Plans and Specs, Environmental Review
$ 25,000.00
Construction Management
$ 109,958.00
Construction
$ 521,789.00
Total: $ 664,747.00
Version 10/30/2015
Page 14 of 41
State of Washington Department of Ecology
Agreement No: WQC-2017-BremPW-00052
Project Title: Marine Drive Stormwater LID and Treatment Retrofit
Recipient Name: City of Bremerton
Funding Distribution Summary
Recipient / Ecology Share
Page 15 of 41
Funding Distribution Name
Recipient Match %
Recipient Share
Ecology Share
Total
SFAP
25.00 %
$ 166,186.75
$ 498,560.25
$ 664,747.00
Total
$ 166,186.75
$ 498,560.25
$ 664,747.00
AGREEMENT SPECIFIC TERMS AND CONDITIONS
N/A
SPECIAL TERMS AND CONDITIONS
SECTION 1: DEFINITIONS
Unless otherwise provided, the following terms will have the respective meanings for all purposes of this agreement:
"Administration Charge" means a charge established in accordance with Chapter 90.50A RCW and Chapter 173-98
WAC, to be used to pay Ecology's cost to administer the State Revolving Fund by placing a percentage of the interest
earned in an Administrative Charge Account.
"Administrative Requirements" means the effective edition of ECOLOGY's Administrative Requirements for
Recipients of Ecology Grants and Loans at the signing of this agreement.
"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 Program" means the state program funded from various state sources.
"Contract Documents" means the contract between the RECIPIENT and the construction contractor for construction of
the project.
"Cost Effective Analysis" means a comparison of the relative cost -efficiencies of two or more potential ways of
solving a water quality problem as described in Chapter 173-98-730 WAC.
"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.
"Effective Date" means the earliest date on which eligible costs may be incurred.
"Effective Interest Rate" means the total interest rate established by Ecology that includes the Administrative Charge.
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State of Washington Department of Ecology
Agreement No: WQC-2017-BremPW-00052
Project Title: Marine Drive Stormwater LID and Treatment Retrofit
Recipient Name: City of Bremerton
"Estimated Loan Amount" means the initial amount of funds loaned to the RECIPIENT.
"Estimated Loan Repayment Schedule" means the schedule of loan repayments over the term of the loan based on the
Estimated Loan Amount.
"Equivalency" means projects designated by ECOLOGY to meet additional federal requirements.
"Final Accrued Interest" means the interest accrued beginning with the first disbursement of funds to the RECIPIENT
through such time as the loan is officially
closed out and a final loan repayment schedule is issued.
"Final Loan Amount" means all principal of and interest on the loan from the Project Start Date through the Project
Completion Date.
"Final Loan Repayment Schedule" means the schedule of loan repayments over the term of the loan based on the Final
Loan Amount.
"Forgivable Principal" means the portion of a loan that is not required to be paid back by the borrower.
"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.
"General Obligation Payable from Special Assessments Debt" means an obligation of the RECIPIENT secured by a
valid general obligation of the Recipient payable from special assessments to be imposed within the constitutional and
statutory tax limitations provided by law without a vote of the electors of the RECIPIENT on all of the taxable
property within the boundaries 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) Utility
Local Improvement Districts (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 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 ECOLOGY's Funding Guidelines that that correlate to the State Fiscal Year in which the
project is funded.
"Initiation of Operation Date" means the actual date the Water Pollution Control Facility financed with proceeds of the
loan begins to operate for its intended purpose.
"Loan" means the Washington State Water Pollution Control Revolving Fund Loan or Centennial Clean Water Fund
(Centennial) Loan made pursuant to this loan agreement.
"Loan Amount" means either an Estimated Loan Amount or a Final Loan Amount, as applicable.
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State of Washington Department of Ecology
Agreement No: WQC-2017-BremPW-00052
Project Title: Marine Drive Stormwater LID and Treatment Retrofit
Recipient Name: City of Bremerton
"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.
"Loan Security" means the mechanism by which the RECIPIENT pledges to repay the loan.
"Loan Term" means the repayment period of 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,
but will 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.
"Original Engineer's Estimate" means the engineer's estimate of construction costs included with bid documents.
"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" means the date specified in the agreement on which the Scope of Work will be fully
completed.
"Project Schedule" means 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.
"Risk -Based Determination" means an approach to sub -recipient monitoring and oversight based on risk factors
associated to a RECIPIENT or project.
"Scope of Work" means the tasks and activities constituting the project.
"Section 319" means the section of the Clean Water Act that provides funding to address nonpoint sources of water
pollution.
"Senior Lien Obligations" means all revenue bonds and other obligations of the RECIPIENT outstanding on the date
of execution of this loan agreement (or subsequently issued on a parity therewith, including refunding obligations) or
issued after the date of execution of this loan 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 (Revolving Fund)" means the water pollution control revolving fund
established by Chapter 90.50A.020 RCW.
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State of Washington Department of Ecology
Agreement No: WQC-2017-BremPW-00052
Project Title: Marine Drive Stormwater LID and Treatment Retrofit
Recipient Name: City of Bremerton
"Termination Date" means the effective date of ECOLOGY's termination of the agreement.
"Termination Payment Date" means the date on which the RECIPIENT is required to repay to ECOLOGY 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 ECOLOGY 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 ECOLOGY 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.
"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 will include principal installments and any interest or penalties which may be due.
"Utility" means the sewer system, stormwater system, or the combined water and sewer system of the RECIPIENT,
the Net Revenue of which is pledged to pay and secure the loan.
SECTION 2: THE FOLLOWING CONDITIONS APPLY TO ALL RECIPIENTS OF WATER QUALITY
COMBINED FINANCIAL ASSISTANCE FUNDING.
The Water Quality Financial Assistance Funding Guidelines are included in this agreement by reference and are
available on ECOLOGY's Water Quality Program website.
A. Architectural and Engineering Services: The RECIPIENT certifies by signing this agreement that the requirements
of Chapter 39.80 RCW, "Contracts for Architectural and Engineering Services," have been, or shall be, met in
procuring qualified architectural/engineenng services. The RECIPIENT shall identify and separate eligible and
ineligible costs in the final architectural/engineering services contract and submit a copy of the contract to ECOLOGY.
B. Best Management Practices (BMP) Implementation: If the RECIPIENT installs BMPs that are not approved by
ECOLOGY prior to installation, the RECIPIENT assumes the risk that part or all of the reimbursement for that
activity may be delayed or ineligible. For more details regarding BMP Implementation, please reference the Water
Quality Financial Assistance Funding Guidelines available on ECOLOGY's Water Quality Program funding website.
C. Cultural Resources: The RECIPIENT shall:
1) The RECIPIENT shall comply with all applicable federal, state and local environmental laws, statutes, regulations,
executive orders, and permits.
2) The RECIPIENT shall comply with Ecology's Archaeological Resource and Historic Property review process. The
RECIPIENT agrees that in no case shall construction activities, ground disturbance, or excavation of any kind, begin
until provisions of this process are complied with. The RECIPIENT is responsible for developing a complete
Inadvertent Discovery Plan (IDP). The IDP must be immediately available upon request by any party. The IDP must be
readily available and be implemented to address any discovery. The RECIPIENT shall implement the procedures in
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State of Washington Department of Ecology
Agreement No: WQC-2017-BremPW-00052
Project Title: Marine Drive Stormwater LID and Treatment Retrofit
Recipient Name: City of Bremerton
the IDP, and immediately notify ECOLOGY, the Department of Archeology and Historic Preservation (DAHP), and
tribal representatives, if human remains, cultural, or archeological resources are discovered in the course of ground
disturbing activities. For more details regarding requirements under this provision, please reference the Water Quality
Financial Assistance Funding Guidelines available on ECOLOGY's Water Quality Program funding website.
D. Electronic Fund Transfers: The RECIPIENT must register as a statewide vendor in order to receive payment
reimbursement. Washington State's Department of Enterprise Services (DES) issues all payments. DES maintains a
central vendor file for Washington State agency use to process vendor payments. The RECIPIENT can complete the
registration process online at:
http://des.wa.gov/services/ContractingPurchasing/Business/VendorPay/Pages/default.aspx. This registration process
allows the RECIPIENT to sign up for direct deposit payments, also known as electronic fund transfers (EFT). If the
RECIPIENT has questions about the vendor registration process or setting up direct deposit payments contact DES
Payee Help Desk at (360) 664-7779 or payeehelpdesk(4�des.wa.gov.
E. Equipment Purchase: Equipment not included in the scope of work or the Ecology approved construction plans and
specifications, must be pre -approved by ECOLOGY's project manager before purchase.
F. Funding Recognition: The RECIPIENT must inform the public about ECOLOGY or any EPA (see Section 3.13 for
Section 319 funded or Section 5.E for SRF funded projects) funding participation in this project through the use of
project signs, acknowledgement in published materials, reports, the news media, websites, or other public
announcements. Projects addressing site-specific locations must utilize appropriately sized and weather -resistant
signs. Sign logos are available from ECOLOGY's Financial Manager upon request.
G. Growth Management Planning: The RECIPIENT certifies by signing this agreement that it is in compliance with
the requirements of Chapter 36.70A RCW, "Growth Management Planning by Selected Counties and Cities." If the
status of compliance changes, either through RECIPIENT or legislative action, the RECIPIENT shall notify
ECOLOGY in writing of this change within 30 days.
H. Interlocal: The RECIPIENT certifies by signing this agreement that all negotiated interlocal agreements necessary
for the project are, or shall 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
ECOLOGY upon request.
I. Lobbying and Litigation: Costs incurred for the purposes of lobbying or litigation are not eligible for funding under
this agreement.
J. Post Project Assessment Survey: The RECIPIENT agrees to participate in a brief survey regarding the key project
results or water quality project outcomes and the status of long-term environmental results or goals from the project
approximately three years after project completion. A representative from ECOLOGY's Water Quality Program may
contact the RECIPIENT to request this data. ECOLOGY may also conduct site interviews and inspections, and may
otherwise evaluate the project, as part of this assessment.
K. Project Status Evaluation: ECOLOGY may evaluate the status of this project 18 months from the effective date of
this agreement. ECOLOGY's Project Manager and Financial Manager will meet with the RECIPIENT to review
spending trends, completion of outcome measures, and overall project administration and performance. If the
RECIPIENT fails to make satisfactory progress toward achieving project outcomes, ECOLOGY may change the scope
of work, reduce grant funds, or increase oversight measures.
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State of Washington Department of Ecology
Agreement No: WQC-2017-BremPW-00052
Project Title: Marine Drive Stormwater LID and Treatment Retrofit
Recipient Name: City of Bremerton
L. Technical Assistance: Technical assistance for agriculture activities provided under the terms of this agreement
shall be consistent with the current U.S. Natural Resource Conservation Service ("NRCS") Field Office Technical
Guide for Washington State. However, ECOLOGY may accept as eligible technical assistance, proposed practices, or
project designs that do not meet these standards if approved in writing by the NRCS and ECOLOGY.
SECTION 3: THE FOLLOWING CONDITIONS APPLY TO SECTION 319 AND ONLY CENTENNIAL CLEAN
WATER FUNDED PROJECTS BEING USED TO MATCH SECTION 319 FUNDS.
The RECIPIENT must submit the following documents to ECOLOGY before this agreement is signed by ECOLOGY:
1. Federal Funding Accountability and Transparency Act (FFATA) Form, available on the Water Quality Program
website.
2. Clean Water Act Section 319 Initial Data Reporting Sheet or the "Section 319 Initial Data Reporting" form in
EAGL.
A. Data Reporting: The RECIPIENT must complete the "Section 319 Initial Data Reporting" form in EAGL before
this agreement can be signed by Ecology. This form is used to gather general information about the project.
B. Funding Recognition and Outreach: In addition to Section 2.F of these Terms and Conditions, the RECIPIENT
shall provide signage that informs the public that the project is funded by EPA. The signage shall contain the EPA
logo and follow usage requirements available at http://www2.epa.gov/stylebook/using-epa-seal-and-logo. To obtain
the appropriate EPA logo or seal graphic file, the RECIPIENT may sent a request to their Ecology's Financial
Manager.
To increase public awareness of projects serving communities where English is not the predominant language,
RECIPIENTS are encouraged to provide their outreach strategies communication in non-English languages.
Translation costs for this purpose are allowable, provided the costs are reasonable.
The RECIPIENT shall use the following paragraph in all reports, documents, and signage developed under this
agreement:
"This project has been funded wholly or in part by the United States Environmental Protection Agency under an
assistance agreement to the Washington State Department of Ecology. The contents of this document do not
necessarily reflect the views and policies of the Environmental Protection Agency, nor does the mention of trade
names or commercial products constitute endorsement or recommendation for use."
C. Load Reduction Reporting: The RECIPIENT shall complete the "Section 319 Annual Load Reduction Reporting"
form in EAGL by January 15 of each year and at project close-out. ECOLOGY may hold reimbursements until the
RECIPIENT has completed the form. This form is used to gather information on pollutant load reductions for each
best management practice (BMP) installed as a part of this project.
D. Time Extension: The RECIPIENT may request a one-time extension for up to 12 months. However, the time
extension cannot exceed the time limitation established in EPA's assistance agreement. In the event a time extension
is requested and approved by ECOLOGY, the RECIPIENT must complete all eligible work performed under this
agreement by the expiration date.
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State of Washington Department of Ecology
Agreement No: WQC-2017-BremPW-00052
Project Title: Marine Drive Stormwater LID and Treatment Retrofit
Recipient Name: City of Bremerton
SECTION 4: THE FOLLOWING CONDITIONS APPLY TO SECTION 319 AND STATE REVOLVING FUND
(SRF) LOAN FUNDED PROJECTS ONLY.
A. Accounting Standards: The RECIPIENT shall maintain accurate records and accounts for the project (PROJECT
Records) in accordance with Generally Accepted Accounting Principles (GAAP) as issued by the Governmental
Accounting Standards Board (GASB), including standards related to the reporting of infrastructure assets or in
accordance with the standards in Chapter 43.09.200 RCW "Local Government Accounting — Uniform System of
Accounting".
B. Audit Requirements: In accordance with 2 CFR 200.501(a), the RECIPIENT agrees to obtain a single audit from
an independent auditor, if their organization expends $750,000 or more in total Federal funds in their fiscal year. The
RECIPIENT must submit the form SF -SAC and a Single Audit Report Package within 9 months of the end of the
fiscal year or 30 days after receiving the report from an independent auditor. The SF -SAC and a Single Audit Report
Package MUST be submitted using the Federal Audit Clearinghouse's Internet Data Entry System available at:
https://harvester.census.gov/fac/collect/ddeindex.html. For complete information on how to accomplish the single
audit submissions, go to the Federal Audit Clearinghouse Web site: http://harvester.census.gov/fac/.
C. Archaeological Resources and Historic Properties (Section 106): See Section 2.0 of the terms and conditions of this
agreement, the RECIPIENT shall comply with the additional requirements under section 106 of the National Historic
Preservation Act (NHPA, 36 CFR 800).
D. Consultant Cap: The RECIPIENT shall ensure that loan or grant funds provided under this agreement to reimburse
for costs incurred by individual consultants (excluding overhead) is limited to the maximum daily rate for Level IV of
the Executive Schedule (formerly GS -18), to be adjusted annually. The Executive Schedule can be found at:
https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/. This limit applies to consultation services of
designated individuals with specialized skills who are paid at a daily or hourly rate. This rate does not include
transportation and subsistence costs for travel performed. Contracts for services awarded using the procurement
requirements in Subpart D of 2 CFR 200 are not affected by this limitation unless the terms of the contract provide the
RECIPIENT with responsibility for the selection, direction, and control of the individuals who shall be providing
services under the contract at an hourly or daily rate of compensation. See 2 CFR 1500.9 for additional information.
E. Data Universal Numbering System (DUNS) and Central Contractor Registration (CCR) Requirements:
RECIPIENTS shall have a DUNS number. Unless exempted from this requirement under 2 CFR 25.110, the
RECIPIENT must ensure that the organization's information in the System for Award Management (SAM),
https://www.sam.gov, is kept current through project closeout. This requires that the RECIPIENT reviews and updates
the information at least annually after the initial registration, and more frequently if information changes.
F. Disadvantaged Business Enterprise (DBE): General Compliance, 40 CFR, Part 33. The RECIPIENT agrees to
comply with the requirements of the Environmental Protection Agency's Program for Utilization of Small, Minority,
and Women's Business Enterprises (MBE/WBE) 40CFR, Part 33 in procurement under this agreement.
Six Good Faith Efforts, 40 CFR, Part 33, Subpart C. The RECIPIENT agrees to make the following good faith efforts
whenever procuring construction, equipment, services and supplies under this agreement. Records documenting
compliance with the following six good faith efforts shall be retained:
1) Ensure Disadvantaged Business Enterprises are made aware of contracting opportunities to the fullest extent
practicable through outreach and recruitment activities. For Indian Tribal, State and Local and Government
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State of Washington Department of Ecology
Agreement No: WQC-2017-BremPW-00052
Project Title: Marine Drive Stormwater LID and Treatment Retrofit
Recipient Name: City of Bremerton
RECIPIENTS, this shall include placing Disadvantaged Business Enterprises on solicitation lists and soliciting them
whenever they are potential sources.
2) Make information on forthcoming opportunities available to Disadvantaged Business Enterprises and arrange time
frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and
facilitates participation by Disadvantaged Business Enterprises in the competitive process. This includes, whenever
possible, posting solicitations for bids or proposals for a minimum of thirty (30) calendar days before the bid or
proposal closing date.
3) Consider in the contracting process whether firms competing for large contracts could subcontract with
Disadvantaged Business Enterprises. For Indian Tribal, and State and Local Government RECIPIENTS, this shall
include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum
participation by Disadvantaged Business Enterprises in the competitive process.
4) Encourage contracting with a consortium of Disadvantaged Business Enterprises when a contract is too large for
one of these firms to handle individually.
5) Use services and assistance of the Small Business Administration and the Minority Business Development Agency
of the Department of Commerce.
6) If the prime contractor awards subcontracts, require the prime contractor to take the five good faith efforts steps in
paragraphs 1 through 5 above.
The RECIPIENT agrees to submit ECOLOGY's Contractor Participation Report Form D with each payment request.
Contract Administration Provisions, 40 CFR, Section 33.302. The RECIPIENT agrees to comply with the contract
administration provisions of 40 CFR, Section 33.302.
Non-discrimination Provision. The RECIPIENT shall not discriminate on the basis of race, color, national origin or
sex in the performance of this agreement. The RECIPIENT shall carry out applicable requirements of 40 CFR Part 33
in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the
RECIPIENT to carry out these requirements is a material breach of this agreement which may result in the termination
of this contract or other legally available remedies.
This does not preclude the RECIPIENT from enacting broader nondiscrimination protections.
The RECIPIENT shall comply with all federal and state nondiscrimination laws, including, but not limited to Title VI
and VII of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education
Amendments of 1972, the Age Discrimination Act of 1975, and Chapter 49.60 RCW, Washington's Law Against
Discrimination, and 42 U.S.C. 12101 et seq, the Americans with Disabilities Act (ADA).
In the event of the RECIPIENT's noncompliance or refusal to comply with any applicable nondiscrimination law,
regulation, or policy, this agreement may be rescinded, canceled, or terminated in whole or in part, and the
RECIPIENT may be declared ineligible for further funding from ECOLOGY. The RECIPIENT shall, however, be
given a reasonable time in which to cure this noncompliance.
The RECIPIENT shall include the following terms and conditions in contracts with all contractors, subcontractors,
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State of Washington Department of Ecology
Agreement No: WQC-2017-BremPW-00052
Project Title: Marine Drive Stormwater LID and Treatment Retrofit
Recipient Name: City of Bremerton
engineers, vendors, and any other entity for work or services pertaining to this agreement.
"The Contractor will not discriminate on the basis of race, color, national origin or sex in the performance of this
Contract. The Contractor will carry out applicable requirements of 40 CFR Part 33 in the award and administration of
contracts awarded under Environmental Protection Agency financial agreements. Failure by the Contractor to carry out
these requirements is a material breach of this Contract which may result in termination of this Contract or other
legally available remedies."
Bidder List, 40 CFR, Section 33.501(b) and (c). The RECIPIENT agrees to create and maintain a bidders list. The
bidders list shall include the following information for all firms that bid or quote on prime contracts, or bid or quote
subcontracts, including both MBE/WBEs and non-MBE/WBEs.
1. Entity's name with point of contact
2. Entity's mailing address, telephone number, and e-mail address
3. The procurement on which the entity bid or quoted, and when
4. Entity's status as an MBE/WBE or non-MBE/WBE
G. Electronic and information Technology (EIT) Accessibility: RECIPIENTS shall ensure that loan funds provided
under this agreement for costs in the development or purchase of EIT systems or products provide individuals with
disabilities reasonable accommodations and an equal and effective opportunity to benefit from or participate in a
program, including those offered through electronic and information technology as per Section 504 of the
Rehabilitation Act, codified in 40 CFR Part 7. Systems or products funded under this agreement must be designed to
meet the diverse needs of users without barriers or diminished function or quality. Systems shall include usability
features or functions that accommodate the needs of persons with disabilities, including those who use assistive
technology.
H. Hotel -Motel Fire Safety Act: The RECIPIENT shall ensure that all space for conferences, meetings, conventions or
training seminars funded in whole or in part with federal funds complies with the protection and control guidelines of
the Hotel and Motel Fire Safety Act (15 USC 2225a, PL 101-391, as amended). Recipients may search the
Hotel -Motel National Master List at http://www.usfa.dhs.gov/applications/hoteU to see if a property is in compliance,
or to find other information about the Act. Pursuant to 15 USC 2225a.
I. Trafficking In Persons: The RECIPIENT and RECIPIENT employees that are private entities shall not engage in
forms of trafficking in persons during the period of time this agreement is effective. This includes, but is not limited
to the procurement of a commercial sex act or forced labor. The RECIPIENT shall notify ECOLOGY immediately of
any information received from any source alleging a violation under this provision.
SECTION 5: THE FOLLOWING CONDITIONS APPLY TO STATE REVOLVING FUND (SRF) LOAN FUNDED
PROJECTS ONLY.
The RECIPIENT must submit the following documents/forms to ECOLOGY before this agreement is signed by
ECOLOGY:
1. Opinion of RECIPIENT's Legal Council
2. Authorizing Ordinance or Resolution
3. Federal Funding Accountability and Transparency Act (FFATA) Form
4. CWSRF Federal Reporting Information form available in EAGL
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State of Washington Department of Ecology
Agreement No: WQC-2017-BremPW-00052
Project Title: Marine Drive Stormwater LID and Treatment Retrofit
Recipient Name: City of Bremerton
5. Fiscal Sustainability Plan Certification (only required if the project includes construction of a wastewater or
stormwater facility construction)
A. Alteration and Eligibility of Project: During the term of this agreement, the RECIPIENT (1) shall not materially
alter the design or structural character of the project without the prior written approval of ECOLOGY and (2) shall
take no action which would adversely affect the eligibility of the project as defined by applicable funding program
rules and state statutes, or which would cause a violation of any covenant, condition, or provision herein.
B. American Iron and Steel (Buy American): This loan provision applies to projects for the construction, alteration,
maintenance, or repair of a "treatment works" as defined in the Federal Water Pollution Control Act (33 USC 1381 et
seq.) The RECIPIENT shall ensure that all iron and steel products used in the project are produced in the United
States. Iron and Steel products means the following products made primarily of iron or steel: lined or unlined pipes
and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves,
structural steel, reinforced precast concrete, and construction materials. The RECIPIENT may request waiver from
this requirement from the Administrator of the Environmental Protection Agency. The RECIPIENT must coordinate
all waiver requests through ECOLOGY. This provision does not apply if the engineering plans and specifications for
the project were approved by ECOLOGY prior to January 17, 2014. ECOLOGY reserves the right to request
documentation of RECIPIENT'S compliance with this provision.
C. Authority of RECIPIENT: This agreement is authorized by the Constitution and laws of the state of Washington,
including the RECIPIENT's authority, and by the RECIPIENT pursuant to the authorizing ordinance or resolution.
The RECIPIENT shall submit a copy of the authorizing ordinance or resolution to the ECOLOGY Financial Manager
before this agreement shall be signed by ECOLOGY.
D. Fiscal Sustainability Plan Certification: The RECIPIENT shall submit a completed Fiscal Sustainability Plan
Certification before this agreement is signed by ECOLOGY. The Fiscal Sustainability Plan Certification is available
from the ECOLOGY Financial Manager or on the Water Quality Program website.
E. Funding Recognition and Outreach: In addition to Section 2.F of these Terms and Conditions, the
RECIPIENT agrees to comply with the EPA SRF Signage Guidance in order to enhance public awareness of EPA
assistance agreements nationwide. The signage guidance can be found at:
http://www. ecy.wa.gov/programs/wq/funding/FundPrgms/CW SRF/SignageGuidanceJune2015.pdf.
F. Free Service: The RECIPIENT shall not furnish utility service to any customer free of charge if providing that free
service affects the RECIPIENT's ability to meet the obligations of this agreement.
G. Insurance: The RECIPIENT shall 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 shall
self -insure or participate in an insurance pool or pools with reserves adequate, in the reasonable judgment of the
RECIPIENT, to protect it against loss.
H. Loan Interest Rate and Terms: This loan agreement shall remain in effect until the date of final repayment of the
loan, unless terminated earlier according to the provisions herein.
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State of Washington Department of Ecology
Agreement No: WQC-2017-BremPW-00052
Project Title: Marine Drive Stormwater LID and Treatment Retrofit
Recipient Name: City of Bremerton
When the Project Completion Date has occurred, ECOLOGY and the RECIPIENT shall execute an amendment to this
loan agreement which details the final loan amount (Final Loan Amount), and ECOLOGY shall prepare a final loan
repayment schedule. The Final Loan Amount shall be the combined total of actual disbursements made on the loan
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 based on the interest rate identified in this agreement as the "Effective Interest Rate," per annum, calculated on
the basis of a 365 day year. Interest on the Estimated Loan Amount shall accrue from and be compounded monthly
based on the date that each payment is mailed to the RECIPIENT. The Final Loan Amount shall be repaid in equal
installments semiannually over the term of this loan "Loan Term" as outlined in this agreement.
I. Loan Repayment:
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 diminution by setoff, counterclaim, or abatement of any
kind. To secure the repayment of the loan from ECOLOGY, the RECIPIENT agrees to comply with all of the
covenants, agreements, and attachments contained herein.
2. For General Obligation. This loan is a General Obligation Debt of the RECIPIENT.
3. For General Obligation Payable from Special Assessments. This loan is a General Obligation Debt of the
RECIPIENT payable from special assessments to be imposed within the constitutional and statutory tax limitations
provided by law without a vote of the electors of the RECIPIENT on all of the taxable property within the boundaries
of the RECIPIENT.
4. For 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.
In addition, if this loan is also secured by Utility Local Improvement Districts (ULID) Assessments, this loan shall
constitute a lien upon ULID Assessments in the ULID prior and superior to any other charges whatsoever.
5. Other Sources of Repayment. The RECIPIENT may repay any portion of the loan from any funds legally available
to it.
6. Defeasance of the Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT shall not be entitled to, and
shall not affect, an economic Defeasance of the loan. The RECIPIENT shall not advance refund the loan.
If the RECIPIENT defeases or advance refunds the loan, it shall be required to use the proceeds thereof immediately
upon their receipt, together with other available RECIPIENT funds, to repay both of the following:
(i) The Loan Amount with interest
(ii) Any other obligations of the RECIPIENT to ECOLOGY under this agreement, unless in its sole discretion
ECOLOGY finds that repayment from those additional sources would not be in the public interest.
Version 10/30/2015
Page 25 of 41
State of Washington Department of Ecology
Agreement No: WQC-2017-BremPW-00052
Project Title: Marine Drive Stormwater LID and Treatment Retrofit
Recipient Name: City of Bremerton
Failure to repay the Loan Amount plus interest within the time specified in ECOLOGY's notice to make such
repayment shall incur Late Charges and shall be treated as a Loan Default.
7. Refinancing or Early Repayment of the Project. So long as ECOLOGY shall hold this loan, the RECIPIENT shall
give ECOLOGY thirty days written notice if the RECIPIENT intends to refinance or make early repayment of the
loan.
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 due and payable no later than one year after the project completion date or
initiation of operation date, whichever comes first.
Thereafter, equal payments shall be due every six months.
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.
Payments shall be mailed to:
Department of Ecology
Cashiering Unit
P.O. Box 47611
Olympia WA 98504-7611
In lieu of mailing payments, electronic fund transfers can be arranged by working with ECOLOGY's Financial
Manager.
No change to the amount of the semiannual principal and interest payments shall be made without a formal
amendment to this agreement. The RECIPIENT shall 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 ECOLOGY pursuant to this
agreement remains unpaid after it becomes due and payable, ECOLOGY may assess a late charge. The late charge
shall be one percent per month on the past due amount starting on the date the debt becomes past due and until it is
paid in full.
3. Repayment Limitations. Repayment of the loan is subject to the following additional limitations, among others:
those on defeasance, refinancing and advance refunding, termination, and default and recovery of payments.
4. Prepayment of Loan. So long as ECOLOGY 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 shall 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 ECOLOGY's Revenue/Receivable Manager of the
Fiscal Office.
Version 10/30/2015
Page 26 of 41
State of Washington Department of Ecology
Agreement No: WQC-2017-BremPW-00052
Project Title: Marine Drive Stormwater LID and Treatment Retrofit
Recipient Name: City of Bremerton
J. Loan Security
Due Regard: For loans secured with a Revenue Obligation: The RECIPIENT shall exercise 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, shall be available over
and above such Maintenance and Operation Expense and those debt service requirements.
Where collecting adequate gross utility revenue requires connecting additional users, the RECIPIENT shall require the
sewer system connections necessary to meet debt obligations and expected operation and maintenance expenses.
Levy and Collection of Taxes (if used to secure the repayment of the loan): For so long as the loan is outstanding, the
RECIPIENT irrevocably pledges to include in its budget and levy taxes annually within the constitutional and statutory
tax limitations provided by law without a vote of its electors on all of the taxable property within the boundaries of the
RECIPIENT in an amount sufficient, together with other money legally available and to be used therefore, to pay
when due the principal of and interest on the loan, and the full faith, credit and resources of the RECIPIENT are
pledged irrevocably for the annual levy and collection of those taxes and the prompt payment of that principal and
interest.
Not an Excess Indebtedness: For loans secured with a general obligation pledge or a general obligation pledge on
special assessments: The RECIPIENT agrees that this agreement and the loan to be made do not create an
indebtedness of the RECIPIENT in excess of any constitutional or statutory limitations.
Pledge of Net Revenue and ULID Assessments in the ULID (if used to secure the repayment of this loan): For so long
as the loan is outstanding, the RECIPIENT irrevocably pledges the Net Revenue of the Utility, including applicable
ULID Assessments in the ULID, to pay when due the principal of and interest on the loan.
Reserve Requirement: For loans that are Revenue -Secured Debt with terms greater than five 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 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 and interest on the loan. The amount on deposit in the Reserve
Account may be applied by the RECIPIENT (1) to make, in part or in full, the final repayment to ECOLOGY of the
loan amount or, (2) if not so applied, for any other lawful purpose of the RECIPIENT once the Loan Amount, plus
interest and any other amounts owing to ECOLOGY, have been paid in full.
Utility Local Improvement District (ULID) Assessment Collection (if used to secure the repayment of the loan): All
ULID Assessments in the ULID shall be paid into the loan Fund and used to pay the principal of and interest on the
loan. The ULID Assessments in the ULID may be deposited into the Reserve Account to satisfy a Reserve
Requirement if a Reserve Requirement is applicable.
K. Maintenance and Operation of a Funded Utility: The RECIPIENT shall at all times maintain and keep a funded
Utility in good repair, working order and condition and also shall at all times operate the Utility and the business in an
efficient manner and at a reasonable cost.
L. Opinion of RECIPIENT's Legal Counsel: The RECIPIENT must submit an "Opinion of Legal Counsel to the
Version 10/30/2015
Page 27 of 41
State of Washington Department of Ecology
Agreement No: WQC-2017-BremPW-00052
Project Title: Marine Drive Stormwater LID and Treatment Retrofit
Recipient Name: City of Bremerton
RECIPIENT" to ECOLOGY before this agreement shall be signed. ECOLOGY will provide the form.
M. Prevailing Wage (Davis -Bacon Act): The RECIPIENT agrees, by signing this agreement, to comply with the
Davis -Bacon Act prevailing wage requirements. This applies to the construction, alteration, and repair of treatment
works carried out in whole or in part with assistance made available by the State Revolving Fund as authorized by
Section 513, title VI of the Federal Water Pollution Control Act (33 U.S.C. 1372). Laborers and mechanics employed
by contractors and subcontractors shall be paid wages not less often than once a week and at rates not less than those
prevailing on projects of a character similar in the locality as determined by the Secretary of Labor.
The RECIPIENT shall obtain the wage determination for the area in which the project is located prior to issuing
requests for bids, proposals, quotes or other methods for soliciting contracts (solicitation). These wage determinations
shall be incorporated into solicitations and any subsequent contracts. The RECIPIENT shall ensure that the required
EPA contract language regarding Davis -Bacon Wages is in all contracts and sub contracts in excess of $2,000. The
RECIPIENT shall maintain records sufficient to document compliance with the Davis -Bacon Act, and make such
records available for review upon request.
The RECIPIENT also agrees, by signing this agreement, to comply with State Prevailing Wages on Public Works,
Chapter 39.12 RCW, as applicable. Compliance may include the determination whether the project involves "public
work" and inclusion of the applicable prevailing wage rates in the bid specifications and contracts. The RECIPIENT
agrees to maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and make such records
available for review upon request.
N. 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 or the formation of the ULID and the levy and collection
of ULID Assessments therein pledged to pay the principal of and interest on the loan (for revenue secured lien
obligations); or
(iii) the levy and collection of the taxes pledged to pay the principal of and interest on the loan (for general
obligation -secured loans and general obligation payable from special -assessment -secured loans); or
(iv) 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.
O. Representations and Warranties: The RECIPIENT represents and warrants to ECOLOGY as follows:
Application: Material Information. All information and materials submitted by the RECIPIENT to ECOLOGY in
connection with its loan application were, when made, and are, as of the date the RECIPIENT signs 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 ECOLOGY.
Existence; Authority. It is a duly formed and legally existing municipal corporation or political subdivision of the
Version 10/30/2015
Page 28 of 41
State of Washington Department of Ecology
Agreement No: WQC-2017-BremPW-00052
Project Title: Marine Drive Stormwater LID and Treatment Retrofit
Recipient Name: City of Bremerton
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.
Certification. Each payment request shall constitute a certification by the RECIPIENT to the effect that all
representations and warranties made in this loan 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 loan agreement. Any changes in the
RECIPIENT's financial condition shall be disclosed in writing to ECOLOGY by the RECIPIENT in its request for
payment.
P. Sale or Disposition of Utility: The RECIPIENT shall 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 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 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.
4. Expressed written agreement by the DEPARTMENT.
The proceeds of any transfer under this paragraph must be used (1) to redeem promptly, or irrevocably set aside for the
redemption of, Senior Lien Obligations and to redeem promptly the loan, and (2) to provide for part of the cost of
additions to and betterments and extensions of the Utility.
Q. Sewer -Use Ordinance or Resolution: If not already in existence, the RECIPIENT shall adopt and shall enforce a
sewer -use ordinance or resolution. Such ordinance or resolution shall be submitted to ECOLOGY upon request.
The sewer use ordinance must include provisions to:
1) Prohibit the introduction of toxic or hazardous wastes into the RECIPIENT's sewer system.
2) Prohibit inflow of stormwater.
3) Require that new sewers and connections be properly designed and constructed.
R. Termination and Default:
Termination and Default Events
For Insufficient ECOLOGY or RECIPIENT Funds. ECOLOGY may terminate this loan agreement for insufficient
ECOLOGY or RECIPIENT funds.
Version 10/30/2015
Page 29 of 41
State of Washington Department of Ecology
Agreement No: WQC-2017-BremPW-00052
Project Title: Marine Drive Stormwater LID and Treatment Retrofit
Recipient Name: City of Bremerton
2. For Failure to Commence Work. ECOLOGY may terminate this loan agreement for failure of the RECIPIENT to
commence project work.
3. Past Due Payments. The RECIPIENT shall be in default of its obligations under this loan agreement when any loan
repayment becomes 60 days past due.
4. Other Cause. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance in full
by the RECIPIENT of all of its obligations under this loan agreement. The RECIPIENT shall be in default of its
obligations under this loan agreement if, in the opinion of ECOLOGY, the RECIPIENT has unjustifiably failed to
perform any obligation required of it by this loan agreement.
Procedures for Termination. If this loan agreement is terminated prior to project completion, ECOLOGY shall provide
to the RECIPIENT a written notice of termination at least five working days prior to the effective date of termination
(the "Termination Date"). The written notice of termination by the ECOLOGY 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").
Termination and Default Remedies
No Further Payments. On and after the Termination Date, or in the event of a default event, ECOLOGY may, at its
sole discretion, withdraw the loan and make no further payments under this agreement.
Repayment Demand. In response to an ECOLOGY initiated termination event, or in response to a loan default event,
ECOLOGY may at its sole discretion demand that the RECIPIENT repay the outstanding balance of the Loan Amount
and all accrued interest.
Interest after Repayment Demand. From the time that ECOLOGY demands repayment of funds, amounts owed by the
RECIPIENT to ECOLOGY shall accrue additional interest at the rate of one percent per month, or fraction thereof.
Accelerate Repayments. In the event of a default, ECOLOGY 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
Obligation upon the Net Revenue. That is, the loan is not subject to acceleration so long as any Senior Lien
Obligations are outstanding. Repayments not made immediately upon such acceleration will incur Late Charges.
Late Charges. All amounts due to ECOLOGY and not paid by the RECIPIENT by the Termination Payment Date or
after acceleration following a default event, as applicable, shall incur late charges.
Intercept State Funds. In the event of a default event and in accordance with Chapter 90.50A.060 RCW, "Defaults,"
any state funds otherwise due to the RECIPIENT may, at ECOLOGY's sole discretion, be withheld and applied to the
repayment of the loan.
Property to ECOLOGY. In the event of a default event and at the option of ECOLOGY, any personal property
(equipment) acquired under this agreement may, in ECOLOGY's sole discretion, become ECOLOGY's property. In
that circumstance, ECOLOGY shall reduce the RECIPIENT's liability to repay money by an amount reflecting the fair
value of such property.
Version 10/30/2015
Page 30 of 41
State of Washington Department of Ecology
Agreement No: WQC-2017-BremPW-00052
Project Title: Marine Drive Stormwater LID and Treatment Retrofit
Recipient Name: City of Bremerton
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 by the RECIPIENT shall, at the option
of ECOLOGY, become ECOLOGY property. The RECIPIENT shall be entitled to receive just and equitable
compensation for any satisfactory work completed on such documents and other materials.
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.
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 Chapter 4.84.330 RCW.
Damages. Notwithstanding ECOLOGY's exercise of any or all of the termination or default remedies provided in this
agreement, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY
and/or the state of Washington because of any breach of this agreement by the RECIPIENT. ECOLOGY may
withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the
RECIPIENT is determined.
S. User -Charge System: The RECIPIENT certifies that it has the legal authority to establish and implement a
user -charge system and shall adopt a system of user -charges to assure that each user of the utility shall pay its
proportionate share of the cost of operation and maintenance, including replacement during the design life of the
project.
In addition, the RECIPIENT shall regularly evaluate the user -charge system, at least annually, to ensure the system
provides adequate revenues necessary to operate and maintain the utility, to establish a reserve to pay for replacement,
to establish the required Loan Reserve Account, and to repay the loan.
WATER QUALITY COMBINED FINANCIAL ASSISTANCE TERMS AND CONDITIONS LAST UPDATED ON
10/04/2016
GENERAL FEDERAL CONDITIONS
If a portion or all of the funds for this agreement are provided through federal funding sources or this
agreement is used to match a federal grant award, the following terms and conditions apply to you.
A. CERTIFICATION REGARDING SUSPENSION. DEBARMENT. INELIGIBILITY OR VOLUNTARY
Page 31 of 41
EXCLUSION:
1. The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred,
proposed for debarment, declared ineligible or otherwise excluded from contracting with the federal
government, or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is
unable to certify to the statements contained in the certification, they must provide an explanation as to why they
cannot.
2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the
RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become
erroneous by reason of changed circumstances.
3. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant,
Version 10/30/2015
State of Washington Department of Ecology
Agreement No: WQC-2017-BremPW-00052
Project Title: Marine Drive Stormwater LID and Treatment Retrofit
Recipient Name: City of Bremerton
Page 32 of 41
person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have
the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549.
You may contact ECOLOGY for assistance in obtaining a copy of those regulations.
4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction
with a person who is proposed for debarment under the applicable Code of Federal Regulations, debarred,
suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction.
5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement, that it will include this clause titled
"CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION" without modification in all lower tier covered transactions and in all solicitations for lower tier
covered transactions.
6. Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier
covered transaction complies with certification of suspension and debarment requirements.
7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of
Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal
remedies, including suspension and debarment.
8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file, that it, and all lower tier recipients or
contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for
reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in
<http://www.sam.gov> and print a copy of completed searches to document proof of compliance.
B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING
REQUIREMENTS:
CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it
with the signed agreement to ECOLOGY.
Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five
top executives using the FFATA Data Collection Form.
• Receives more than $25,000 in federal funds under this award.
• Receives more than 80 percent of its annual gross revenues from federal funds.
• Receives more than $25,000,000 in annual federal funds.
Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form.
Ecology is required to report the FFATA information for federally funded agreements, including the required
DUNS number, at www.fsrs.gov <http://www.fsrs.gov/> within 30 days of agreement signature. The FFATA
information will be available to the public at www.usaspending. o�ttp://www.usaspending.gov/>.
For more details on FFATA requirements, see www.fsrs.gov <httn://www.fsrs.gov/>.
Version 10/30/2015
State of Washington Department of Ecology
Agreement No: WQC-2017-BremPW-00052
Project Title: Marine Drive Stormwater LID and Treatment Retrofit
Recipient Name: City of Bremerton
GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology
GENERAL TERMS AND CONDITIONS AS OF LAST UPDATED 1/22/2018 VERSION
1. ADMINISTRATIVE REQUIREMENTS
a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans — EAGL
Edition." (https://fortress.wa.gov/ecy/publications/SummaryPages/1701004.html)
b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper
management of all funds and resources made available under this Agreement.
c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement, including ensuring
all subgrantees and contractors comply with the terms and conditions of this Agreement. ECOLOGY reserves the right
to request proof of compliance by subgrantees and contractors.
d) RECIPIENT's activities under this Agreement shall be subject to the review and approval by ECOLOGY for the
extent and character of all work and services.
Page 33 of 41
2. AMENDMENTS AND MODIFICATIONS
This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No
subsequent modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and
signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff
contacts and administrative information without the concurrence of either party.
3. ARCHAEOLOGICAL AND CULTURAL RESOURCES
RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects to archeological and historic
resources. The RECIPIENT must agree to hold harmless the State of Washington in relation to any claim related to
historical or cultural artifacts discovered, disturbed, or damaged due to the RECIPIENT's project funded under this
Agreement.
RECIPIENT shall:
a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their
project:
• For capital construction projects or land acquisitions for capital construction projects, if required, comply with
Governor Executive Order 05-05, Archaeology and Cultural Resources.
• For projects with any federal involvement, if required, comply with the National Historic Preservation Act.
• Any cultural resources federal or state requirements must be completed prior to the start of any work on the project
site.
b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to
implementing any project that involves ground disturbing activities. ECOLOGY will provide the IDP form.
RECIPIENT shall:
• Keep the IDP at the project site.
• Make the IDP readily available to anyone working at the project site.
• Discuss the IDP with staff and contractors working at the project site.
• Implement the IDP when cultural resources or human remains are found at the project site.
c) If any archeological or historic resources are found while conducting work under this Agreement:
• Immediately stop work and notify the ECOLOGY Program, the Department of Archaeology and Historic
Preservation at (360) 586-3064, any affected Tribe, and the local government.
d) If any human remains are found while conducting work under this Agreement:
Version 10/30/2015
State of Washington Department of Ecology Page 34 of 41
Agreement No: WQC-2017-BremPW-00052
Project Title: Marine Drive Stormwater LID and Treatment Retrofit
Recipient Name: City of Bremerton
• Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office, and
then the ECOLOGY Program.
e) Comply with RCW 27.53, RCW 27.44.055, and RCW 68.50.645, and all other applicable local, state, and federal
laws protecting cultural resources and human remains.
4. ASSIGNMENT
No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT.
5. COMMUNICATION
RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees,
ECOLOGY, all affected local, state, or federal jurisdictions, and any interested individuals or groups.
6. COMPENSATION
a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the
RECIPIENT. ECOLOGY must sign the Agreement before any payment requests can be submitted.
b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement.
c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified
with ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to
expenditure.
d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY.
e) ECOLOGY will not process payment requests without the proper reimbursement forms, Progress Report and
supporting documentation. ECOLOGY will provide instructions for submitting payment requests.
I) ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment.
g) RECIPIENT will receive payment through Washington State Department of Enterprise Services' Statewide Payee
Desk. RECIPIENT must register as a payee by submitting a Statewide Payee Registration form and an IRS W-9 form
at the website, http://www.des.wa.gov/services/ContractingPurchasing/BusinessNendorPay/Pages/default.aspx. For
any questions about the vendor registration process contact the Statewide Payee Help Desk at (360) 407-8180 or email
payeehelpdesk@watech.wa.gov.
h) ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to
satisfactorily comply with any term or condition of this Agreement.
i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein, or a portion
thereof, has been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to
this Agreement, as appropriate, or upon completion of an audit as specified herein.
j) RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement, all financial,
performance, and other reports required by this agreement. Failure to comply may result in delayed reimbursement.
7. COMPLIANCE WITH ALL LAWS
RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits
related to this Agreement, including but not limited to:
a) RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State
of Washington which affect wages and job safety.
b) RECIPIENT agrees to be bound by all applicable federal and state laws, regulations, and policies against
discrimination.
c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements.
d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits
required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project
timeline for the permit and approval processes.
Version 10/30/2015
State of Washington Department of Ecology Page 35 of 41
Agreement No: WQC-2017-BremPW-00052
Project Title: Marine Drive Stormwater LID and Treatment Retrofit
Recipient Name: City of Bremerton
ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the
RECIPIENT fails to comply with above requirements.
If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is considered
modified to conform to that statute or rule of law.
8. CONFLICT OF INTEREST
RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or
responsibility in the review, approval, or carrying out of this Agreement, shall not have any personal or financial
interest, direct or indirect, nor affect the interest of any corporation, partnership, or association in which he/she is a part,
in this Agreement or the proceeds thereof.
9. CONTRACTING FOR GOODS AND SERVICES
RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall
award all contracts for construction, purchase of goods, equipment, services, and professional architectural and
engineering services through a competitive process, if required by State law. RECIPIENT is required to follow
procurement procedures that ensure legal, fair, and open competition.
RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT
may be required to provide written certification that they have followed their standard procurement procedures and
applicable state law in awarding contracts under this Agreement.
ECOLOGY reserves the right to inspect and request copies of all procurement documentation, and review procurement
practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with
state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY's sole discretion.
10. DISPUTES
When there is a dispute with regard to the extent and character of the work, or any other matter related to this
Agreement the determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal
decisions as provided for below:
a) RECIPIENT notifies the funding program of an appeal request.
b) Appeal request must be in writing and state the disputed issue(s).
c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal.
d) ECOLOGY reviews the RECIPIENT's appeal.
e) ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the
review.
The decision of ECOLOGY from an appeal will be final and conclusive, unless within thirty (30) days from the date of
such decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or
duly authorized representative will be final and conclusive.
The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal.
Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director's
decision will not be taken to Environmental and Land Use Hearings Office.
Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this
Agreement and in accordance with the decision rendered.
Nothing in this Agreement will be construed to limit the parties' choice of another mutually acceptable method, in
addition to the dispute resolution procedure outlined above.
11. ENVIRONMENTAL DATA STANDARDS
a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses
environmental measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact
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Agreement No: WQC-2017-BremPW-00052
Project Title: Marine Drive Stormwater LID and Treatment Retrofit
Recipient Name: City of Bremerton
Page 36 of 41
the ECOLOGY Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall:
• Use ECOLOGY's QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance
(QA) officer or the Program QA coordinator instructs otherwise.
• Follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies, July
2004 (Ecology Publication No. 04-03-030).
• Submit the QAPP to ECOLOGY for review and approval before the start of the work.
b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the
Environmental Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The
RECIPIENT must confirm with ECOLOGY that complete and correct data was successfully loaded into EIM, find
instructions at: http://www.ecy.wa.gov/eim.
c) RECIPIENT shall follow ECOLOGY's data standards when Geographic Information System (GIS) data is collected
and processed. Guidelines for Creating and Accessing GIS Data are available at:
https:Hecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards. RECIPIENT,
when requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables,
raw data collection files, map products, and all metadata and project documentation.
12. GOVERNING LAW
This Agreement will be governed by the laws of the State of Washington, and the venue of any action brought
hereunder will be in the Superior Court of Thurston County.
13. INDEMNIFICATION
ECOLOGY will in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the
project described herein, except as provided in the Scope of Work.
To the extent that the Constitution and laws of the State of Washington permit, each party will indemnify and hold the
other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act
or omission of that party or that party's agents or employees arising out of this Agreement.
14. INDEPENDENT STATUS
The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue
to be employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of
the other party.
15. KICKBACKS
RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement
to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift
in return for award of a subcontract hereunder.
16. MINORITY AND WOMEN'S BUSINESS ENTERPRISES (MWBE)
RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-owned (MBE) and
women -owned (WBE) businesses in purchases and contracts initiated under this Agreement.
Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged
to take the following actions, when possible, in any procurement under this Agreement:
a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods
or services.
b) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum
participation by qualified minority and women's businesses.
c) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified
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State of Washington Department of Ecology
Agreement No: WQC-2017-BremPW-00052
Project Title: Marine Drive Stormwater LID and Treatment Retrofit
Recipient Name: City of Bremerton
minority and women's businesses.
d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises
(OMWBE) (866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as
appropriate.
17. ORDER OF PRECEDENCE
In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved
by giving precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The
Agreement; (c) Scope of Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by
reference, including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; and (f) the
General Terms and Conditions.
18. PRESENTATION AND PROMOTIONAL MATERIALS
ECOLOGY reserves the right to approve RECIPIENT's communication documents and materials related to the
fulfillment of this Agreement:
a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days
prior to production and distribution.
b) RECIPIENT shall include time for ECOLOGY's review and approval process in their project timeline.
c) If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible
products developed.
Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets,
videos, audio tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator
magnet, and any online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to
provide a copy, then the RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best
represents the item.
Any communications intended for public distribution that uses ECOLOGY's logo shall comply with ECOLOGY's
graphic requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY's
logo contact ECOLOGY for guidelines.
RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY.
19. PROGRESS REPORTING
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a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress
reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does
not document timely use of funds.
b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed
without a progress report. ECOLOGY will define the elements and frequency of progress reports.
c) RECIPIENT shall use ECOLOGY's provided progress report format.
d) Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1
through September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after
the end of the quarter being reported.
e) RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extension has been
approved by ECOLOGY, all financial, performance, and other reports required by the agreement and funding program
guidelines. RECIPIENT shall use the ECOLOGY provided closeout report format.
20. PROPERTY RIGHTS
a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable
property under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free,
nonexclusive, and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to
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State of Washington Department of Ecology
Agreement No: WQC-2017-BremPW-00052
Project Title: Marine Drive Stormwater LID and Treatment Retrofit
Recipient Name: City of Bremerton
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authorize others to use the same for federal, state, or local government purposes.
b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY
information; present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports,
maps, or other data in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY.
c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic
materials produced in fulfillment of this Agreement, in any manner ECOLOGY deems appropriate. ECOLOGY shall
acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials.
d) Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology
Grants and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part
with funds furnished by ECOLOGY in the absence of state and federal statutes, regulations, or policies to the contrary,
or upon specific instructions with respect thereto in this Agreement.
e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the
RECIPIENT for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by
ECOLOGY. If said property is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall
be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property.
I) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds
for the acquisition of land or facilities:
1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in
this Agreement.
2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to
disbursement of funds provided by this Agreement. Such evidence may include title insurance policies, Torrens
certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim
which would impair the uses intended by this Agreement.
g) Conversions. Regardless of the Agreement expiration date, the RECIPIENT shall not at any time convert any
equipment, property, or facility acquired or developed under this Agreement to uses other than those for which
assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned
upon payment to ECOLOGY of that portion of the proceeds of the sale, lease, or other conversion or encumbrance
which monies granted pursuant to this Agreement bear to the total acquisition, purchase, or construction costs of such
property
21. RECORDS, AUDITS, AND INSPECTIONS
RECIPIENT shall maintain complete program and financial records relating to this Agreement, including any
engineering documentation and field inspection reports of all construction work accomplished.
All records shall:
a) Be kept in a manner which provides an audit trail for all expenditures.
b) Be kept in a common file to facilitate audits and inspections.
c) Clearly indicate total receipts and expenditures related to this Agreement.
d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of
Washington, for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute
resolution hereunder.
RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify
discrepancies in the records.
ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state
has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be
enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination.
All work performed under this Agreement and any property and equipment purchased shall be made available to
ECOLOGY and to any authorized state, federal or local representative for inspection at any time during the course of
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Agreement No: WQC-2017-BremPW-00052
Project Title: Marine Drive Stormwater LID and Treatment Retrofit
Recipient Name: City of Bremerton
Page 39 of 41
this Agreement and for at least three (3) years following grant or loan termination or dispute resolution hereunder.
RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times,
in order to monitor and evaluate performance, compliance, and any other conditions under this Agreement.
22. RECOVERY OF FUNDS
The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory
performance of this Agreement and completion of the work described in the Scope of Work.
All payments to the RECIPIENT are subject to approval and audit by ECOLOGY, and any unauthorized expenditure(s)
or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT.
RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this
Agreement.
RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments
within thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the
time ECOLOGY demands repayment of funds.
Any property acquired under this Agreement, at the option of ECOLOGY, may become ECOLOGY's property and the
RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property.
23. 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.
24. STATE ENVIRONMENTAL POLICY ACT (SEPA)
RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State
Environmental Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC) have been or will be met. Any
reimbursements are subject to this provision.
25. SUSPENSION
When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or
any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT. RECIPIENT shall
resume performance on the next business day following the suspension period unless another day is specified by
ECOLOGY.
26. SUSTAINABLE PRACTICES
In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is fully encouraged to implement
sustainable practices and to purchase environmentally preferable products under this Agreement.
a) Sustainable practices may include such activities as: use of clean energy, use of double -sided printing, hosting low
impact meetings, and setting up recycling and composting programs.
b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers
and imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products
with reduced packaging, office products that are refillable, rechargeable, and recyclable, and 100% post -consumer
recycled paper.
For more suggestions visit ECOLOGY's web page: Green Purchasing, ,
https:Hecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing.
27. TERMINATION
a) For Cause
ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the
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State of Washington Department of Ecology Page 40 of 41
Agreement No: WQC-2017-BremPW-00052
Project Title: Marine Drive Stormwater LID and Treatment Retrofit
Recipient Name: City of Bremerton
RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material
breach of any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance
rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination.
Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to
commence work on the project funded within four (4) months after the effective date of this Agreement, or by any date
mutually agreed upon in writing for commencement of work, or the time period defined within the Scope of Work.
Non -Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the
RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the
opinion of ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any
further funds, terminate in whole or in part this Agreement, and exercise any other rights under this Agreement.
Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by
ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY
may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from
the RECIPIENT is determined.
b) For Convenience
ECOLOGY may terminate for convenience this Agreement, in whole or in part, for any reason when it is the best
interest of ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted
below. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in
accordance with the terms of this Agreement prior to the effective date of termination.
Non -Allocation of Funds. ECOLOGY's ability to make payments is contingent on availability of funding. In the event
funding from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and
prior to the completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate
the Agreement, in whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions.
ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines the funding
insufficiency is resolved. ECOLOGY may exercise any of these options with no notification or restrictions, although
ECOLOGY will make a reasonable attempt to provide notice.
In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the recipient/contractor
through the effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the
recipient/contractor. In no event shall ECOLOGY's reimbursement exceed ECOLOGY's total responsibility under the
agreement and any amendments.
If payments have been discontinued by ECOLOGY due to unavailable funds, the RECIPIENT shall not be obligated to
repay monies which had been paid to the RECIPIENT prior to such termination.
RECIPIENT's obligation to continue or complete the work described in this Agreement shall be contingent upon
availability of funds by the RECIPIENT's governing body.
c) By Mutual Agreement
ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written
agreement.
d) In Event of Termination
All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other
materials prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of
ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work
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State of Washington Department of Ecology
Agreement No: WQC-2017-BremPW-00052
Project Title: Marine Drive Stormwater LID and Treatment Retrofit
Recipient Name: City of Bremerton
Page 41 of 41
completed on such documents and other materials.
Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in
accordance with Recovery of Funds, identified herein.
28. THIRD PARTY BENEFICIARY
RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement, the state
of Washington is named as an express third party beneficiary of such subcontracts with full rights as such.
29. WAIVER
Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach,
and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the
authorized representative of ECOLOGY.
Version 10/30/2015
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Stormwater Financial
Assistance Program Grant with the
Washington State Department of Ecology for
the High Efficiency Compact Vacuum
Sweeper
6H
Study Session Date: August 8, 2018
COUNCIL MEETING Date: Auaust 15. 2018
Department:
Presenter:
Phone:
Public Works & Utilities
Chance W Berthiaume
(360) 473-5929
SUMMARY: The City has received a $92,000 Ecology Stormwater Financial Assistance Program
(SFAP) grant to pay for the purchase, operation, and maintenance of a Compact High Efficiency
Sweeper. The sweeper will be small enough to access sidewalks, parking garages, the boardwalk,
and other areas that the larger street sweepers cannot clean.
ATTACHMENTS:
1) Project summary
2) Ecology contract WQC-2016-BremPW-00213: "Compact High Efficiency Vacuum Sweeper"
FISCAL IMPACTS (Include Budgeted Amount): $92,000 total project cost is funded with $69,000
from the Ecology grant and $23,000 matching funds from Stormwater Capital Fund 484.
This purchase has been identified in the 2019 Storm Water Utility Capital fund.
STUDY SESSION AGENDA: ❑x Limited Presentation ❑ Full Presentation
STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION:
Move to accept the Washington State Department of Ecology Stormwater Financial Assistance
Program Grant for the High Efficiency Compact Vacuum Sweeper; and authorize the Mayor to
finalize and execute the agreement with substantially the same terms and conditions as presented.
COUNCIL ACTION: ❑ Approve
Form Updated 01/02/2018
❑ Deny ❑ Table ❑ Continue ❑ No Action
HIGH EFFICIENCY COMPACT SWEEPER
DEPARTMENT OF ECOLOGY STORMWATER FINANCIAL ASSISTANCE PROGRAM (SFAP) GRANT
Project Scope: Agave grant contract
The City proposes to purchase and operate a high efficiency vacuum compact sweeper to sweep hard to access areas
throughout Bremerton. This equipment will be used to maintain pervious sidewalks, and newer limited access areas where
pervious surfaces have been installed on city owned property. It will also be used on sidewalks, public commons areas such
as the downtown convention center, parks areas, boardwalk, Manette Bridge sidewalk, Lebo and Wheaton Way sidewalks,
and in city owned parking garages. The terms of the Ecology contract require the city to purchase the equipment and oper-
ate it for 3 years with quarterly performance reporting and reimbursement requests. Current cost of this type of sweeper is
$125K and the grant will cover $69K of the purchase and operational cost. Only operators from Facilities, Parks, Streets, and
Stormwater that have been trained and certified to operate this machine will be allowed access and use.
The sweeper will be able to assist in
cleaning 5.5' wide sidewalks through-
out the city, will improve city appear-
ance, and reduce sediment and debris
that currently enters the stormwater
system from inaccessible locations.
Water Quality Total Maximum Daily Load (TMDL): Sinclair and
Dyes Inlets are 303(d) listed water bodies for elevated fecal coli-
form (FC). A combination of FC and general pollution have
closed shellfish beds since the 1960's. The addition of this
sweeper to the sweeping program supports the water quality
cleanup plan, and will help improve city-wide appearance.
Combined Project Cost Budget: $125,000 (estimated cost for
machine in images)
Funding: $69,000 Ecology SFAP Grant (to be reimbursed over 3
years)
Stormwater Program Cost: $56,000
Project Manager: Chance Berthiaume
Chance. Berthiaume@ci.bremerton.wa.us
Will be used by Stormwater, Facilities, Parks, and Streets
PROJECT SCHEDULE (tentative)
2018-2019 (contract ends 6/30/2022)
Aug Sep Oct Nov Dec Jan Feb Apr May Jun Jul Aug Sept Oct
Purchase equipment and
Key: Grant contract approval/acceptance Product selection/approval begin operating
DEPARTMENT OF
*a ECOLOGY
"M State of Washington
Agreement No. WQC-2016-BremPW-00213
WATER QUALITY COMBINED FINANCIAL ASSISTANCE AGREEMENT
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
CITY OF BREMERTON
This is a binding Agreement entered into by and between the state of Washington, Department of Ecology,
hereinafter referred to as "ECOLOGY," and City of Bremerton, hereinafter referred to as the "RECIPIENT," to carry
out with the provided funds activities described herein.
GENERAL INFORMATION
Project Title:
Total Cost:
Total Eligible Cost:
Ecology Share:
Recipient Share:
The Effective Date of this Agreement is:
The Expiration Date of this Agreement is no later than:
Project Type:
Compact High Efficiency Vacuum Sweeper
$92,000.00
$92,000.00
$69,000.00
$23,000.00
07/01/2018
06/30/2022
Stormwater Activity
Project Short Description:
This project will help prevent total suspended solids (TSS) from entering Sinclair and Dyes inlets by removing
pollutants from the stormwater system and providing pollutant source control through an enhanced
street -sweeping program in the city of Bremerton.
Project Long Description:
The city of Bremerton is surrounded by Sinclair and Dyes inlets, which have a fecal coliform bacteria Total
Maximum Daily Load (TMDL) plan. Stormwater runoff impacts water quality through sediment deposition,
trash, and debris from human activity, and fecal waste from the city's abundant bird population.
The city has many miles of walk paths, sidewalks, commons areas, plazas, and parking lots that are inaccessible
to street sweepers. An estimated 20 percent of the limited access impervious surfaces are spot cleaned regularly;
the remaining 80 percent of these surfaces cannot be cleaned effectively. Currently, the RECIPIENT's staff
sweep and pick up trash five days per week for 600,000 square feet of impervious surfaces. Staff use brooms,
State of Washington Department of Ecology
Agreement No: WQC-2016-BremPW-00213
Project Title: Compact High Efficiency Vacuum Sweeper
Recipient Name: City of Bremerton
backpack blowers, and manually collect sediment and debris. Approximately 600 pounds of debris and sediment
are collected annually. The current sweeping program meets NPDES Phase II Municipal Stormwater Permit
requirements.
The RECIPIENT will exceed the permit requirements by adding a high efficiency compact vacuum sweeper to
the stormwater program. The sweeper will increase the effectiveness of the sweeping program. This will allow
staff to address the remaining 80 percent of the areas not regularly cleaned, and improve water quality, as well
as the overall cleanliness of the city.
Overall Goal:
This project will protect Sinclair and Dyes inlets by enhancing pollutant source control.
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State of Washington Department of Ecology
Agreement No: WQC-2016-BremPW-00213
Project Title: Compact High Efficiency Vacuum Sweeper
Recipient Name: City of Bremerton
RECIPIENT INFORMATION
Organization Name: City of Bremerton
Federal Tax ID: 91-6001231
DUNS Number: 556846970
Mailing Address: 100 Oyster Bay Ave N
Bremerton, Washington 98312
Physical Address: 100 Oyster Bay Ave N
Bremerton, Washington 98312
Bremerton, Washington 98312
Organization Email: chance.berthiaume@ci.bremerton.wa.us
Contacts
Page 3 of 38
Project Manager
Chance Berthiaume
NPDES Stormwater Permit Coordinator
100 Oyster Bay Ave N
Bremerton, Washington 98312
Email: chance.berthiaume(4�ci.bremerton.wa.us
Phone: (360) 473-5929
Billing Contact
Anna Cruz
Accountant / Financial Analyst
345 6th Street, Suite 100
Bremerton, Washington 98337
Email: anna.cruz@ci.bremerton.wa.us
Phone: (360) 473-2327
Authorized
Chal Martin
Signatory
Public Works Director
345 6the Street, Suite 600
Bremerton, Washington 98337
Email: chal.martin@ci.bremerton.wa.us
Phone: (360) 473-5758
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State of Washington Department of Ecology
Agreement No: WQC-2016-BremPW-00213
Project Title: Compact High Efficiency Vacuum Sweeper
Recipient Name: City of Bremerton
ECOLOGY INFORMATION
Mailing Address: Department of Ecology
Water Quality
PO BOX 47600
Olympia, WA 98504-7600
Physical Address: Water Quality
300 Desmond Drive SE
Lacey, WA 98503
Contacts
Page 4 of 38
Version 10/30/2015
Cleo Neculae
Project
Manager
3190 - 160th Ave SE
Bellevue, Washington 98008-5452
Email: cnec461@ecy.wa.gov
Phone: (425) 649-7216
Layne Slone
Financial
Financial Manager
Manager
PO Box 47600
Olympia, Washington 98504-7600
Email: Inak461@ecy.wa.gov
Phone: (360) 407-6225
Amanda Heye
Technical
Advisor
PO Box 47600
Olympia, Washington 98504-7600
Email: ahey461@ecy.wa.gov
Phone: (360) 407-6457
Version 10/30/2015
State of Washington Department of Ecology
Agreement No: WQC-2016-BremPW-00213
Project Title: Compact High Efficiency Vacuum Sweeper
Recipient Name: City of Bremerton
AUTHORIZING SIGNATURES
RECIPIENT agrees to furnish the necessary personnel, equipment, materials, services, and otherwise do all things
necessary for or incidental to the performance of work as set forth in this Agreement.
RECIPIENT acknowledges that they had the opportunity to review the entire Agreement, including all the terms and
conditions of this Agreement, Scope of Work, attachments, and incorporated or referenced documents, as well as all
applicable laws, statutes, rules, regulations, and guidelines mentioned in this Agreement. Furthermore, the
RECIPIENT has read, understood, and accepts all requirements contained within this Agreement.
This Agreement contains the entire understanding between the parties, and there are no other understandings or
representations other than as set forth, or incorporated by reference, herein.
No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing, signed-
by
ignedby authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement. ECOLOGY and
RECIPIENT may change their respective staff contacts without the concurrence of either party.
This Agreement shall be subject to the written approval of Ecology's authorized representative and shall not be
binding until so approved.
The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their
respective organizations to this Agreement.
IN WITNESS WHEREOF: the parties hereto, having read this Agreement in its entirety, including all attachments, do
agree in each and every particular and have thus set their hands hereunto.
Washington State
Department of Ecology
LIM
Heather R. Bartlett
Water Quality
Program Manager
Template Approved to Form by
Attorney General's Office
Version 10/30/2015
Date
City of Bremerton
LIM
Chal Martin
Public Works Director
Page 5 of 38
Date
State of Washington Department of Ecology
Agreement No: WQC-2016-BremPW-00213
Project Title: Compact High Efficiency Vacuum Sweeper
Recipient Name: City of Bremerton
Greg Wheeler
Page 6 of 38
Mayor Date
Chance Berthiaume
NPDES Stormwater Permit Coordinator Date
Version 10/30/2015
State of Washington Department of Ecology
Agreement No: WQC-2016-BremPW-00213
Project Title: Compact High Efficiency Vacuum Sweeper
Recipient Name: City of Bremerton
SCOPE OF WORK
Task Number:
Task Title: Project Administration/Management
Task Cost: $2,000.00
Task Description:
A. The RECIPIENT shall carry out all work necessary to meet ECOLOGY grant or loan administration requirements.
Responsibilities include, but are not limited to: maintenance of project records; submittal of requests for
reimbursement and corresponding backup documentation; progress reports; and a recipient closeout report (including
photos).
B. The RECIPIENT shall maintain documentation demonstrating compliance with applicable procurement,
contracting, and interlocal agreement requirements; application for, receipt of, and compliance with all required
permits, licenses, easements, or property rights necessary for the project; and submittal of required performance items.
C. The RECIPIENT shall manage the project. Efforts include, but are not limited to: conducting, coordinating, and
scheduling project activities and assuring quality control. Every effort will be made to maintain effective
communication with the RECIPIENT's designees; ECOLOGY; all affected local, state, or federal jurisdictions; and any
interested individuals or groups. The RECIPIENT shall carry out this project in accordance with any completion dates
outlined in this agreement.
Task Goal Statement:
Properly managed and fully documented project that meets ECOLOGY's grant or loan administrative requirements.
Task Expected Outcome:
* Timely and complete submittal of requests for reimbursement, quarterly progress reports, and RECIPIENT closeout
report.
* Properly maintained project documentation
Recipient Task Coordinator: Chance Berthiaume
Project Administration/Management
Deliverables
Page 7 of 38
Number
Description
Due Date
1.1
Progress Reports
12
Recipient Closeout Report
1.3
Project Outcome Summary Report
Version 10/30/2015
State of Washington Department of Ecology
Agreement No: WQC-2016-BremPW-00213
Project Title: Compact High Efficiency Vacuum Sweeper
Recipient Name: City of Bremerton
SCOPE OF WORK
Task Number:
Task Title: Equipment Purchase
Task Cost: $0.00
Task Description:
The RECIPIENT will submit for approval by ECOLOGY, product details and costs associated with the purchase of a
compact high efficiency vacuum sweeper. No reimbursement will be made for equipment purchase or use without
prior written approval by ECOLOGY.
Following ECOLOGY approval, the RECIPIENT will purchase the approved sweeper, and submit an Equipment
Purchase Report form in EAGL.
Task Goal Statement:
RECIPIENT will select and use an ECOLOGY -accepted compact high efficiency vacuum sweeper.
Task Expected Outcome:
The project will be accomplished using the appropriate type, make and model of sweeper to remove targeted
pollutants.
Recipient Task Coordinator: Chance Berthiaume
Equipment Purchase
Deliverables
Page 8 of 38
Number
Description
Due Date
2.1
Submit make, model, and specifications of sweeper to ECOLOGY.
22
Complete and submit Equipment Purchase Report form in EAGL.
Version 10/30/2015
State of Washington Department of Ecology
Agreement No: WQC-2016-BremPW-00213
Project Title: Compact High Efficiency Vacuum Sweeper
Recipient Name: City of Bremerton
SCOPE OF WORK
Task Number:
Task Title: Operations and Maintenance Plan Update
Task Cost: $0.00
Task Description:
The RECIPIENT will create or revise an operations and maintenance plan that will show how and where the additional
quantity of road debris and sediment collected from enhanced sweeping activities will be stored, tested, and disposed.
Task Goal Statement:
Local sweeping Operations and Maintenance Plans will demonstrate that the recipient can provide sufficient capacity
for storage, testing, and disposal of street sweeping debris.
Task Expected Outcome:
All sweeping debris collected will be appropriately managed and disposed.
Recipient Task Coordinator: Chance Berthiaume
Operations and Maintenance Plan Update
Deliverables
Page 9 of 38
Number
Description
Due Date
3.1
Submit copy of new or revised O&M plan to ECOLOGY for ECOLOGY
Engineer review and acceptance. Upload to EAGL and notify
ECOLOGY Project Manager when upload is complete.
Version 10/30/2015
State of Washington Department of Ecology
Agreement No: WQC-2016-BremPW-00213
Project Title: Compact High Efficiency Vacuum Sweeper
Recipient Name: City of Bremerton
SCOPE OF WORK
Task Number:
Task Title: Sweeper Operation
Task Cost: $90,000.00
Task Description:
A. RECIPIENT will use the sweeper to remove sediment and debris from public roadways, accessible sidewalks,
city -owned parking lots and common areas not regularly maintained currently. RECIPIENT will sweep a minimum of
6 million square feet and collect a minimum of 2,400 lbs. of sediment and debris before the grant's expiration date.
B. RECIPIENT will track and report sweeper use for a minimum of three years. RECIPIENT will report the number
of miles swept and tons of debris removed quarterly and cumulatively on each progress report/payment request.
C. RECIPIENT will track and report expenses related to the operation and maintenance of the sweeper quarterly on
each progress report/payment request. Expenses include labor, labor overhead, fuel, and maintenance materials.
RECIPIENT will also track expenses per mile swept and report them on each progress report/payment request.
D. RECIPIENT will provide a final sweeping tracking report as part of the Project Outcome Summary Report.
Task Goal Statement:
The sweeper will be used to enhance the RECIPIENT's street sweeping program.
Task Expected Outcome:
The RECIPIENT will increase the tonnage of sweeper debris removed prior to it entering Sinclair and Dyes Inlets in
Puget Sound.
Recipient Task Coordinator: Chance Berthiaume
Sweeper Operation
Deliverables
Page 10 of 38
Number
Description
Due Date
4.1
Report miles swept quarterly and cumulatively. Submit using quarterly
progress report/payment requests and Project Outcome Summary Report.
42
Report tons of sediment and debris removed quarterly and cumulatively.
Submit using quarterly progress report/payment requests and Project
Outcome Summary Report.
4.3
Report quarterly operation and maintenance expenses, including
expenses per mile swept. Submit using quarterly progress report/payment
requests and Project Outcome Summary Report.
4.4
Final sweeping tracking report. Upload to EAGL and notify ECOLOGY
when upload is complete.
Version 10/30/2015
State of Washington Department of Ecology
Agreement No: WQC-2016-BremPW-00213
Project Title: Compact High Efficiency Vacuum Sweeper
Recipient Name: City of Bremerton
BUDGET
Funding Distribution EG190002
NOTE: The above funding distribution number is used to idents this specific agreement and budget on payment
remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple
funding distribution numbers to idents each budget.
Funding Title:
Funding Effective Date:
Funding Source:
Title:
Type:
Funding Source %
Description:
SFAP
07/01/2018
SFAP - SFY16
State
100%
Funding Type: Grant
Funding Expiration Date: 06/30/2022
Environmental Legacy Stewardship Account (ELSA) - State
Approved Indirect Costs Rate: Approved State Indirect Rate: 0%
Recipient Match %: 25%
InKind Interlocal Allowed: No
InKind Other Allowed: No
Is this Funding Distribution used to match a federal grant? No
SFAP
Task Total
Project Administration/Management
$ 2,000.00
Equipment Purchase
$ 0.00
Operations and Maintenance Plan Update
$ 0.00
Sweeper Operation
$ 90,000.00
Total: $ 92,000.00
Version 10/30/2015
Page 11 of 38
State of Washington Department of Ecology
Agreement No: WQC-2016-BremPW-00213
Project Title: Compact High Efficiency Vacuum Sweeper
Recipient Name: City of Bremerton
Funding Distribution Summary
Recipient / Ecology Share
Page 12 of 38
Funding Distribution Name
Recipient Match %
Recipient Share
Ecology Share
Total
SFAP
25.00 %
$ 23,000.00
$ 69,000.00
$ 92,000.00
Total
$ 23,000.00
S 69,000.00
S 92,000.00
AGREEMENT SPECIFIC TERMS AND CONDITIONS
N/A
SPECIAL TERMS AND CONDITIONS
SECTION 1: DEFINITIONS
Unless otherwise provided, the following terms will have the respective meanings for all purposes of this agreement:
"Administration Charge" means a charge established in accordance with Chapter 90.50A RCW and Chapter 173-98
WAC, to be used to pay Ecology's cost to administer the State Revolving Fund by placing a percentage of the interest
earned in an Administrative Charge Account.
"Administrative Requirements" means the effective edition of ECOLOGY's Administrative Requirements for
Recipients of Ecology Grants and Loans at the signing of this agreement.
"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 Program" means the state program funded from various state sources.
"Contract Documents" means the contract between the RECIPIENT and the construction contractor for construction of
the project.
"Cost Effective Analysis" means a comparison of the relative cost -efficiencies of two or more potential ways of
solving a water quality problem as described in Chapter 173-98-730 WAC.
"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.
"Effective Date" means the earliest date on which eligible costs may be incurred.
"Effective Interest Rate" means the total interest rate established by Ecology that includes the Administrative Charge.
Version 10/30/2015
State of Washington Department of Ecology
Agreement No: WQC-2016-BremPW-00213
Project Title: Compact High Efficiency Vacuum Sweeper
Recipient Name: City of Bremerton
"Estimated Loan Amount" means the initial amount of funds loaned to the RECIPIENT.
"Estimated Loan Repayment Schedule" means the schedule of loan repayments over the term of the loan based on the
Estimated Loan Amount.
"Equivalency" means projects designated by ECOLOGY to meet additional federal requirements.
"Final Accrued Interest" means the interest accrued beginning with the first disbursement of funds to the RECIPIENT
through such time as the loan is officially
closed out and a final loan repayment schedule is issued.
"Final Loan Amount" means all principal of and interest on the loan from the Project Start Date through the Project
Completion Date.
"Final Loan Repayment Schedule" means the schedule of loan repayments over the term of the loan based on the Final
Loan Amount.
"Forgivable Principal" means the portion of a loan that is not required to be paid back by the borrower.
"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.
"General Obligation Payable from Special Assessments Debt" means an obligation of the RECIPIENT secured by a
valid general obligation of the Recipient payable from special assessments to be imposed within the constitutional and
statutory tax limitations provided by law without a vote of the electors of the RECIPIENT on all of the taxable
property within the boundaries 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) Utility
Local Improvement Districts (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 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 ECOLOGY's Funding Guidelines that that correlate to the State Fiscal Year in which the
project is funded.
"Initiation of Operation Date" means the actual date the Water Pollution Control Facility financed with proceeds of the
loan begins to operate for its intended purpose.
"Loan" means the Washington State Water Pollution Control Revolving Fund Loan or Centennial Clean Water Fund
(Centennial) Loan made pursuant to this loan agreement.
"Loan Amount" means either an Estimated Loan Amount or a Final Loan Amount, as applicable.
Version 10/30/2015
Page 13 of 38
State of Washington Department of Ecology
Agreement No: WQC-2016-BremPW-00213
Project Title: Compact High Efficiency Vacuum Sweeper
Recipient Name: City of Bremerton
"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.
"Loan Security" means the mechanism by which the RECIPIENT pledges to repay the loan.
"Loan Term" means the repayment period of 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,
but will 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.
"Original Engineer's Estimate" means the engineer's estimate of construction costs included with bid documents.
"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" means the date specified in the agreement on which the Scope of Work will be fully
completed.
"Project Schedule" means 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.
"Risk -Based Determination" means an approach to sub -recipient monitoring and oversight based on risk factors
associated to a RECIPIENT or project.
"Scope of Work" means the tasks and activities constituting the project.
"Section 319" means the section of the Clean Water Act that provides funding to address nonpoint sources of water
pollution.
"Senior Lien Obligations" means all revenue bonds and other obligations of the RECIPIENT outstanding on the date
of execution of this loan agreement (or subsequently issued on a parity therewith, including refunding obligations) or
issued after the date of execution of this loan 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 (Revolving Fund)" means the water pollution control revolving fund
established by Chapter 90.50A.020 RCW.
Version 10/30/2015
Page 14 of 38
State of Washington Department of Ecology
Agreement No: WQC-2016-BremPW-00213
Project Title: Compact High Efficiency Vacuum Sweeper
Recipient Name: City of Bremerton
"Termination Date" means the effective date of ECOLOGY's termination of the agreement.
"Termination Payment Date" means the date on which the RECIPIENT is required to repay to ECOLOGY 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 ECOLOGY 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 ECOLOGY 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.
"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 will include principal installments and any interest or penalties which may be due.
"Utility" means the sewer system, stormwater system, or the combined water and sewer system of the RECIPIENT,
the Net Revenue of which is pledged to pay and secure the loan.
SECTION 2: THE FOLLOWING CONDITIONS APPLY TO ALL RECIPIENTS OF WATER QUALITY
COMBINED FINANCIAL ASSISTANCE FUNDING.
The Water Quality Financial Assistance Funding Guidelines are included in this agreement by reference and are
available on ECOLOGY's Water Quality Program website.
A. Architectural and Engineering Services: The RECIPIENT certifies by signing this agreement that the requirements
of Chapter 39.80 RCW, "Contracts for Architectural and Engineering Services," have been, or shall be, met in
procuring qualified architectural/engineenng services. The RECIPIENT shall identify and separate eligible and
ineligible costs in the final architectural/engineering services contract and submit a copy of the contract to ECOLOGY.
B. Best Management Practices (BMP) Implementation: If the RECIPIENT installs BMPs that are not approved by
ECOLOGY prior to installation, the RECIPIENT assumes the risk that part or all of the reimbursement for that
activity may be delayed or ineligible. For more details regarding BMP Implementation, please reference the Water
Quality Financial Assistance Funding Guidelines available on ECOLOGY's Water Quality Program funding website.
C. Cultural Resources: The RECIPIENT shall:
1) The RECIPIENT shall comply with all applicable federal, state and local environmental laws, statutes, regulations,
executive orders, and permits.
2) The RECIPIENT shall comply with Ecology's Archaeological Resource and Historic Property review process. The
RECIPIENT agrees that in no case shall construction activities, ground disturbance, or excavation of any kind, begin
until provisions of this process are complied with. The RECIPIENT is responsible for developing a complete
Inadvertent Discovery Plan (IDP). The IDP must be immediately available upon request by any party. The IDP must be
readily available and be implemented to address any discovery. The RECIPIENT shall implement the procedures in
Version 10/30/2015
Page 15 of 38
State of Washington Department of Ecology
Agreement No: WQC-2016-BremPW-00213
Project Title: Compact High Efficiency Vacuum Sweeper
Recipient Name: City of Bremerton
the IDP, and immediately notify ECOLOGY, the Department of Archeology and Historic Preservation (DAHP), and
tribal representatives, if human remains, cultural, or archeological resources are discovered in the course of ground
disturbing activities. For more details regarding requirements under this provision, please reference the Water Quality
Financial Assistance Funding Guidelines available on ECOLOGY's Water Quality Program funding website.
D. Electronic Fund Transfers: The RECIPIENT must register as a statewide vendor in order to receive payment
reimbursement. Washington State's Department of Enterprise Services (DES) issues all payments. DES maintains a
central vendor file for Washington State agency use to process vendor payments. The RECIPIENT can complete the
registration process online at:
http://des.wa.gov/services/ContractingPurchasing/Business/VendorPay/Pages/default.aspx. This registration process
allows the RECIPIENT to sign up for direct deposit payments, also known as electronic fund transfers (EFT). If the
RECIPIENT has questions about the vendor registration process or setting up direct deposit payments contact DES
Payee Help Desk at (360) 664-7779 or payeehelpdesk(4�des.wa.gov.
E. Equipment Purchase: Equipment not included in the scope of work or the Ecology approved construction plans and
specifications, must be pre -approved by ECOLOGY's project manager before purchase.
F. Funding Recognition: The RECIPIENT must inform the public about ECOLOGY or any EPA (see Section 3.13 for
Section 319 funded or Section 5.E for SRF funded projects) funding participation in this project through the use of
project signs, acknowledgement in published materials, reports, the news media, websites, or other public
announcements. Projects addressing site-specific locations must utilize appropriately sized and weather -resistant
signs. Sign logos are available from ECOLOGY's Financial Manager upon request.
G. Growth Management Planning: The RECIPIENT certifies by signing this agreement that it is in compliance with
the requirements of Chapter 36.70A RCW, "Growth Management Planning by Selected Counties and Cities." If the
status of compliance changes, either through RECIPIENT or legislative action, the RECIPIENT shall notify
ECOLOGY in writing of this change within 30 days.
H. Interlocal: The RECIPIENT certifies by signing this agreement that all negotiated interlocal agreements necessary
for the project are, or shall 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
ECOLOGY upon request.
I. Lobbying and Litigation: Costs incurred for the purposes of lobbying or litigation are not eligible for funding under
this agreement.
J. Post Project Assessment Survey: The RECIPIENT agrees to participate in a brief survey regarding the key project
results or water quality project outcomes and the status of long-term environmental results or goals from the project
approximately three years after project completion. A representative from ECOLOGY's Water Quality Program may
contact the RECIPIENT to request this data. ECOLOGY may also conduct site interviews and inspections, and may
otherwise evaluate the project, as part of this assessment.
K. Project Status Evaluation: ECOLOGY may evaluate the status of this project 18 months from the effective date of
this agreement. ECOLOGY's Project Manager and Financial Manager will meet with the RECIPIENT to review
spending trends, completion of outcome measures, and overall project administration and performance. If the
RECIPIENT fails to make satisfactory progress toward achieving project outcomes, ECOLOGY may change the scope
of work, reduce grant funds, or increase oversight measures.
Version 10/30/2015
Page 16 of 38
State of Washington Department of Ecology
Agreement No: WQC-2016-BremPW-00213
Project Title: Compact High Efficiency Vacuum Sweeper
Recipient Name: City of Bremerton
L. Technical Assistance: Technical assistance for agriculture activities provided under the terms of this agreement
shall be consistent with the current U.S. Natural Resource Conservation Service ("NRCS") Field Office Technical
Guide for Washington State. However, ECOLOGY may accept as eligible technical assistance, proposed practices, or
project designs that do not meet these standards if approved in writing by the NRCS and ECOLOGY.
SECTION 3: THE FOLLOWING CONDITIONS APPLY TO SECTION 319 AND ONLY CENTENNIAL CLEAN
WATER FUNDED PROJECTS BEING USED TO MATCH SECTION 319 FUNDS.
The RECIPIENT must submit the following documents to ECOLOGY before this agreement is signed by ECOLOGY:
1. Federal Funding Accountability and Transparency Act (FFATA) Form, available on the Water Quality Program
website.
2. Clean Water Act Section 319 Initial Data Reporting Sheet or the "Section 319 Initial Data Reporting" form in
EAGL.
A. Data Reporting: The RECIPIENT must complete the "Section 319 Initial Data Reporting" form in EAGL before
this agreement can be signed by Ecology. This form is used to gather general information about the project.
B. Funding Recognition and Outreach: In addition to Section 2.F of these Terms and Conditions, the RECIPIENT
shall provide signage that informs the public that the project is funded by EPA. The signage shall contain the EPA
logo and follow usage requirements available at http://www2.epa.gov/stylebook/using-epa-seal-and-logo. To obtain
the appropriate EPA logo or seal graphic file, the RECIPIENT may sent a request to their Ecology's Financial
Manager.
To increase public awareness of projects serving communities where English is not the predominant language,
RECIPIENTS are encouraged to provide their outreach strategies communication in non-English languages.
Translation costs for this purpose are allowable, provided the costs are reasonable.
The RECIPIENT shall use the following paragraph in all reports, documents, and signage developed under this
agreement:
"This project has been funded wholly or in part by the United States Environmental Protection Agency under an
assistance agreement to the Washington State Department of Ecology. The contents of this document do not
necessarily reflect the views and policies of the Environmental Protection Agency, nor does the mention of trade
names or commercial products constitute endorsement or recommendation for use."
C. Load Reduction Reporting: The RECIPIENT shall complete the "Section 319 Annual Load Reduction Reporting"
form in EAGL by January 15 of each year and at project close-out. ECOLOGY may hold reimbursements until the
RECIPIENT has completed the form. This form is used to gather information on pollutant load reductions for each
best management practice (BMP) installed as a part of this project.
D. Time Extension: The RECIPIENT may request a one-time extension for up to 12 months. However, the time
extension cannot exceed the time limitation established in EPA's assistance agreement. In the event a time extension
is requested and approved by ECOLOGY, the RECIPIENT must complete all eligible work performed under this
agreement by the expiration date.
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Page 17 of 38
State of Washington Department of Ecology
Agreement No: WQC-2016-BremPW-00213
Project Title: Compact High Efficiency Vacuum Sweeper
Recipient Name: City of Bremerton
SECTION 4: THE FOLLOWING CONDITIONS APPLY TO SECTION 319 AND STATE REVOLVING FUND
(SRF) LOAN FUNDED PROJECTS ONLY.
A. Accounting Standards: The RECIPIENT shall maintain accurate records and accounts for the project (PROJECT
Records) in accordance with Generally Accepted Accounting Principles (GAAP) as issued by the Governmental
Accounting Standards Board (GASB), including standards related to the reporting of infrastructure assets or in
accordance with the standards in Chapter 43.09.200 RCW "Local Government Accounting — Uniform System of
Accounting".
B. Audit Requirements: In accordance with 2 CFR 200.501(a), the RECIPIENT agrees to obtain a single audit from
an independent auditor, if their organization expends $750,000 or more in total Federal funds in their fiscal year. The
RECIPIENT must submit the form SF -SAC and a Single Audit Report Package within 9 months of the end of the
fiscal year or 30 days after receiving the report from an independent auditor. The SF -SAC and a Single Audit Report
Package MUST be submitted using the Federal Audit Clearinghouse's Internet Data Entry System available at:
https://harvester.census.gov/fac/collect/ddeindex.html. For complete information on how to accomplish the single
audit submissions, go to the Federal Audit Clearinghouse Web site: http://harvester.census.gov/fac/.
C. Archaeological Resources and Historic Properties (Section 106): See Section 2.0 of the terms and conditions of this
agreement, the RECIPIENT shall comply with the additional requirements under section 106 of the National Historic
Preservation Act (NHPA, 36 CFR 800).
D. Consultant Cap: The RECIPIENT shall ensure that loan or grant funds provided under this agreement to reimburse
for costs incurred by individual consultants (excluding overhead) is limited to the maximum daily rate for Level IV of
the Executive Schedule (formerly GS -18), to be adjusted annually. The Executive Schedule can be found at:
https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/. This limit applies to consultation services of
designated individuals with specialized skills who are paid at a daily or hourly rate. This rate does not include
transportation and subsistence costs for travel performed. Contracts for services awarded using the procurement
requirements in Subpart D of 2 CFR 200 are not affected by this limitation unless the terms of the contract provide the
RECIPIENT with responsibility for the selection, direction, and control of the individuals who shall be providing
services under the contract at an hourly or daily rate of compensation. See 2 CFR 1500.9 for additional information.
E. Data Universal Numbering System (DUNS) and Central Contractor Registration (CCR) Requirements:
RECIPIENTS shall have a DUNS number. Unless exempted from this requirement under 2 CFR 25.110, the
RECIPIENT must ensure that the organization's information in the System for Award Management (SAM),
https://www.sam.gov, is kept current through project closeout. This requires that the RECIPIENT reviews and updates
the information at least annually after the initial registration, and more frequently if information changes.
F. Disadvantaged Business Enterprise (DBE): General Compliance, 40 CFR, Part 33. The RECIPIENT agrees to
comply with the requirements of the Environmental Protection Agency's Program for Utilization of Small, Minority,
and Women's Business Enterprises (MBE/WBE) 40CFR, Part 33 in procurement under this agreement.
Six Good Faith Efforts, 40 CFR, Part 33, Subpart C. The RECIPIENT agrees to make the following good faith efforts
whenever procuring construction, equipment, services and supplies under this agreement. Records documenting
compliance with the following six good faith efforts shall be retained:
1) Ensure Disadvantaged Business Enterprises are made aware of contracting opportunities to the fullest extent
practicable through outreach and recruitment activities. For Indian Tribal, State and Local and Government
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State of Washington Department of Ecology
Agreement No: WQC-2016-BremPW-00213
Project Title: Compact High Efficiency Vacuum Sweeper
Recipient Name: City of Bremerton
RECIPIENTS, this shall include placing Disadvantaged Business Enterprises on solicitation lists and soliciting them
whenever they are potential sources.
2) Make information on forthcoming opportunities available to Disadvantaged Business Enterprises and arrange time
frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and
facilitates participation by Disadvantaged Business Enterprises in the competitive process. This includes, whenever
possible, posting solicitations for bids or proposals for a minimum of thirty (30) calendar days before the bid or
proposal closing date.
3) Consider in the contracting process whether firms competing for large contracts could subcontract with
Disadvantaged Business Enterprises. For Indian Tribal, and State and Local Government RECIPIENTS, this shall
include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum
participation by Disadvantaged Business Enterprises in the competitive process.
4) Encourage contracting with a consortium of Disadvantaged Business Enterprises when a contract is too large for
one of these firms to handle individually.
5) Use services and assistance of the Small Business Administration and the Minority Business Development Agency
of the Department of Commerce.
6) If the prime contractor awards subcontracts, require the prime contractor to take the five good faith efforts steps in
paragraphs 1 through 5 above.
The RECIPIENT agrees to submit ECOLOGY's Contractor Participation Report Form D with each payment request.
Contract Administration Provisions, 40 CFR, Section 33.302. The RECIPIENT agrees to comply with the contract
administration provisions of 40 CFR, Section 33.302.
Non-discrimination Provision. The RECIPIENT shall not discriminate on the basis of race, color, national origin or
sex in the performance of this agreement. The RECIPIENT shall carry out applicable requirements of 40 CFR Part 33
in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the
RECIPIENT to carry out these requirements is a material breach of this agreement which may result in the termination
of this contract or other legally available remedies.
This does not preclude the RECIPIENT from enacting broader nondiscrimination protections.
The RECIPIENT shall comply with all federal and state nondiscrimination laws, including, but not limited to Title VI
and VII of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education
Amendments of 1972, the Age Discrimination Act of 1975, and Chapter 49.60 RCW, Washington's Law Against
Discrimination, and 42 U.S.C. 12101 et seq, the Americans with Disabilities Act (ADA).
In the event of the RECIPIENT's noncompliance or refusal to comply with any applicable nondiscrimination law,
regulation, or policy, this agreement may be rescinded, canceled, or terminated in whole or in part, and the
RECIPIENT may be declared ineligible for further funding from ECOLOGY. The RECIPIENT shall, however, be
given a reasonable time in which to cure this noncompliance.
The RECIPIENT shall include the following terms and conditions in contracts with all contractors, subcontractors,
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State of Washington Department of Ecology
Agreement No: WQC-2016-BremPW-00213
Project Title: Compact High Efficiency Vacuum Sweeper
Recipient Name: City of Bremerton
engineers, vendors, and any other entity for work or services pertaining to this agreement.
"The Contractor will not discriminate on the basis of race, color, national origin or sex in the performance of this
Contract. The Contractor will carry out applicable requirements of 40 CFR Part 33 in the award and administration of
contracts awarded under Environmental Protection Agency financial agreements. Failure by the Contractor to carry out
these requirements is a material breach of this Contract which may result in termination of this Contract or other
legally available remedies."
Bidder List, 40 CFR, Section 33.501(b) and (c). The RECIPIENT agrees to create and maintain a bidders list. The
bidders list shall include the following information for all firms that bid or quote on prime contracts, or bid or quote
subcontracts, including both MBE/WBEs and non-MBE/WBEs.
1. Entity's name with point of contact
2. Entity's mailing address, telephone number, and e-mail address
3. The procurement on which the entity bid or quoted, and when
4. Entity's status as an MBE/WBE or non-MBE/WBE
G. Electronic and information Technology (EIT) Accessibility: RECIPIENTS shall ensure that loan funds provided
under this agreement for costs in the development or purchase of EIT systems or products provide individuals with
disabilities reasonable accommodations and an equal and effective opportunity to benefit from or participate in a
program, including those offered through electronic and information technology as per Section 504 of the
Rehabilitation Act, codified in 40 CFR Part 7. Systems or products funded under this agreement must be designed to
meet the diverse needs of users without barriers or diminished function or quality. Systems shall include usability
features or functions that accommodate the needs of persons with disabilities, including those who use assistive
technology.
H. Hotel -Motel Fire Safety Act: The RECIPIENT shall ensure that all space for conferences, meetings, conventions or
training seminars funded in whole or in part with federal funds complies with the protection and control guidelines of
the Hotel and Motel Fire Safety Act (15 USC 2225a, PL 101-391, as amended). Recipients may search the
Hotel -Motel National Master List at http://www.usfa.dhs.gov/applications/hoteU to see if a property is in compliance,
or to find other information about the Act. Pursuant to 15 USC 2225a.
I. Trafficking In Persons: The RECIPIENT and RECIPIENT employees that are private entities shall not engage in
forms of trafficking in persons during the period of time this agreement is effective. This includes, but is not limited
to the procurement of a commercial sex act or forced labor. The RECIPIENT shall notify ECOLOGY immediately of
any information received from any source alleging a violation under this provision.
SECTION 5: THE FOLLOWING CONDITIONS APPLY TO STATE REVOLVING FUND (SRF) LOAN FUNDED
PROJECTS ONLY.
The RECIPIENT must submit the following documents/forms to ECOLOGY before this agreement is signed by
ECOLOGY:
1. Opinion of RECIPIENT's Legal Council
2. Authorizing Ordinance or Resolution
3. Federal Funding Accountability and Transparency Act (FFATA) Form
4. CWSRF Federal Reporting Information form available in EAGL
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State of Washington Department of Ecology
Agreement No: WQC-2016-BremPW-00213
Project Title: Compact High Efficiency Vacuum Sweeper
Recipient Name: City of Bremerton
5. Fiscal Sustainability Plan Certification (only required if the project includes construction of a wastewater or
stormwater facility construction)
A. Alteration and Eligibility of Project: During the term of this agreement, the RECIPIENT (1) shall not materially
alter the design or structural character of the project without the prior written approval of ECOLOGY and (2) shall
take no action which would adversely affect the eligibility of the project as defined by applicable funding program
rules and state statutes, or which would cause a violation of any covenant, condition, or provision herein.
B. American Iron and Steel (Buy American): This loan provision applies to projects for the construction, alteration,
maintenance, or repair of a "treatment works" as defined in the Federal Water Pollution Control Act (33 USC 1381 et
seq.) The RECIPIENT shall ensure that all iron and steel products used in the project are produced in the United
States. Iron and Steel products means the following products made primarily of iron or steel: lined or unlined pipes
and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves,
structural steel, reinforced precast concrete, and construction materials. The RECIPIENT may request waiver from
this requirement from the Administrator of the Environmental Protection Agency. The RECIPIENT must coordinate
all waiver requests through ECOLOGY. This provision does not apply if the engineering plans and specifications for
the project were approved by ECOLOGY prior to January 17, 2014. ECOLOGY reserves the right to request
documentation of RECIPIENT'S compliance with this provision.
C. Authority of RECIPIENT: This agreement is authorized by the Constitution and laws of the state of Washington,
including the RECIPIENT's authority, and by the RECIPIENT pursuant to the authorizing ordinance or resolution.
The RECIPIENT shall submit a copy of the authorizing ordinance or resolution to the ECOLOGY Financial Manager
before this agreement shall be signed by ECOLOGY.
D. Fiscal Sustainability Plan Certification: The RECIPIENT shall submit a completed Fiscal Sustainability Plan
Certification before this agreement is signed by ECOLOGY. The Fiscal Sustainability Plan Certification is available
from the ECOLOGY Financial Manager or on the Water Quality Program website.
E. Funding Recognition and Outreach: In addition to Section 2.F of these Terms and Conditions, the
RECIPIENT agrees to comply with the EPA SRF Signage Guidance in order to enhance public awareness of EPA
assistance agreements nationwide. The signage guidance can be found at:
http://www. ecy.wa.gov/programs/wq/funding/FundPrgms/CW SRF/SignageGuidanceJune2015.pdf.
F. Free Service: The RECIPIENT shall not furnish utility service to any customer free of charge if providing that free
service affects the RECIPIENT's ability to meet the obligations of this agreement.
G. Insurance: The RECIPIENT shall 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 shall
self -insure or participate in an insurance pool or pools with reserves adequate, in the reasonable judgment of the
RECIPIENT, to protect it against loss.
H. Loan Interest Rate and Terms: This loan agreement shall remain in effect until the date of final repayment of the
loan, unless terminated earlier according to the provisions herein.
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State of Washington Department of Ecology
Agreement No: WQC-2016-BremPW-00213
Project Title: Compact High Efficiency Vacuum Sweeper
Recipient Name: City of Bremerton
When the Project Completion Date has occurred, ECOLOGY and the RECIPIENT shall execute an amendment to this
loan agreement which details the final loan amount (Final Loan Amount), and ECOLOGY shall prepare a final loan
repayment schedule. The Final Loan Amount shall be the combined total of actual disbursements made on the loan
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 based on the interest rate identified in this agreement as the "Effective Interest Rate," per annum, calculated on
the basis of a 365 day year. Interest on the Estimated Loan Amount shall accrue from and be compounded monthly
based on the date that each payment is mailed to the RECIPIENT. The Final Loan Amount shall be repaid in equal
installments semiannually over the term of this loan "Loan Term" as outlined in this agreement.
I. Loan Repayment:
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 diminution by setoff, counterclaim, or abatement of any
kind. To secure the repayment of the loan from ECOLOGY, the RECIPIENT agrees to comply with all of the
covenants, agreements, and attachments contained herein.
2. For General Obligation. This loan is a General Obligation Debt of the RECIPIENT.
3. For General Obligation Payable from Special Assessments. This loan is a General Obligation Debt of the
RECIPIENT payable from special assessments to be imposed within the constitutional and statutory tax limitations
provided by law without a vote of the electors of the RECIPIENT on all of the taxable property within the boundaries
of the RECIPIENT.
4. For 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.
In addition, if this loan is also secured by Utility Local Improvement Districts (ULID) Assessments, this loan shall
constitute a lien upon ULID Assessments in the ULID prior and superior to any other charges whatsoever.
5. Other Sources of Repayment. The RECIPIENT may repay any portion of the loan from any funds legally available
to it.
6. Defeasance of the Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT shall not be entitled to, and
shall not affect, an economic Defeasance of the loan. The RECIPIENT shall not advance refund the loan.
If the RECIPIENT defeases or advance refunds the loan, it shall be required to use the proceeds thereof immediately
upon their receipt, together with other available RECIPIENT funds, to repay both of the following:
(i) The Loan Amount with interest
(ii) Any other obligations of the RECIPIENT to ECOLOGY under this agreement, unless in its sole discretion
ECOLOGY finds that repayment from those additional sources would not be in the public interest.
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State of Washington Department of Ecology
Agreement No: WQC-2016-BremPW-00213
Project Title: Compact High Efficiency Vacuum Sweeper
Recipient Name: City of Bremerton
Failure to repay the Loan Amount plus interest within the time specified in ECOLOGY's notice to make such
repayment shall incur Late Charges and shall be treated as a Loan Default.
7. Refinancing or Early Repayment of the Project. So long as ECOLOGY shall hold this loan, the RECIPIENT shall
give ECOLOGY thirty days written notice if the RECIPIENT intends to refinance or make early repayment of the
loan.
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 due and payable no later than one year after the project completion date or
initiation of operation date, whichever comes first.
Thereafter, equal payments shall be due every six months.
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.
Payments shall be mailed to:
Department of Ecology
Cashiering Unit
P.O. Box 47611
Olympia WA 98504-7611
In lieu of mailing payments, electronic fund transfers can be arranged by working with ECOLOGY's Financial
Manager.
No change to the amount of the semiannual principal and interest payments shall be made without a formal
amendment to this agreement. The RECIPIENT shall 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 ECOLOGY pursuant to this
agreement remains unpaid after it becomes due and payable, ECOLOGY may assess a late charge. The late charge
shall be one percent per month on the past due amount starting on the date the debt becomes past due and until it is
paid in full.
3. Repayment Limitations. Repayment of the loan is subject to the following additional limitations, among others:
those on defeasance, refinancing and advance refunding, termination, and default and recovery of payments.
4. Prepayment of Loan. So long as ECOLOGY 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 shall 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 ECOLOGY's Revenue/Receivable Manager of the
Fiscal Office.
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State of Washington Department of Ecology
Agreement No: WQC-2016-BremPW-00213
Project Title: Compact High Efficiency Vacuum Sweeper
Recipient Name: City of Bremerton
J. Loan Security
Due Regard: For loans secured with a Revenue Obligation: The RECIPIENT shall exercise 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, shall be available over
and above such Maintenance and Operation Expense and those debt service requirements.
Where collecting adequate gross utility revenue requires connecting additional users, the RECIPIENT shall require the
sewer system connections necessary to meet debt obligations and expected operation and maintenance expenses.
Levy and Collection of Taxes (if used to secure the repayment of the loan): For so long as the loan is outstanding, the
RECIPIENT irrevocably pledges to include in its budget and levy taxes annually within the constitutional and statutory
tax limitations provided by law without a vote of its electors on all of the taxable property within the boundaries of the
RECIPIENT in an amount sufficient, together with other money legally available and to be used therefore, to pay
when due the principal of and interest on the loan, and the full faith, credit and resources of the RECIPIENT are
pledged irrevocably for the annual levy and collection of those taxes and the prompt payment of that principal and
interest.
Not an Excess Indebtedness: For loans secured with a general obligation pledge or a general obligation pledge on
special assessments: The RECIPIENT agrees that this agreement and the loan to be made do not create an
indebtedness of the RECIPIENT in excess of any constitutional or statutory limitations.
Pledge of Net Revenue and ULID Assessments in the ULID (if used to secure the repayment of this loan): For so long
as the loan is outstanding, the RECIPIENT irrevocably pledges the Net Revenue of the Utility, including applicable
ULID Assessments in the ULID, to pay when due the principal of and interest on the loan.
Reserve Requirement: For loans that are Revenue -Secured Debt with terms greater than five 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 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 and interest on the loan. The amount on deposit in the Reserve
Account may be applied by the RECIPIENT (1) to make, in part or in full, the final repayment to ECOLOGY of the
loan amount or, (2) if not so applied, for any other lawful purpose of the RECIPIENT once the Loan Amount, plus
interest and any other amounts owing to ECOLOGY, have been paid in full.
Utility Local Improvement District (ULID) Assessment Collection (if used to secure the repayment of the loan): All
ULID Assessments in the ULID shall be paid into the loan Fund and used to pay the principal of and interest on the
loan. The ULID Assessments in the ULID may be deposited into the Reserve Account to satisfy a Reserve
Requirement if a Reserve Requirement is applicable.
K. Maintenance and Operation of a Funded Utility: The RECIPIENT shall at all times maintain and keep a funded
Utility in good repair, working order and condition and also shall at all times operate the Utility and the business in an
efficient manner and at a reasonable cost.
L. Opinion of RECIPIENT's Legal Counsel: The RECIPIENT must submit an "Opinion of Legal Counsel to the
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State of Washington Department of Ecology
Agreement No: WQC-2016-BremPW-00213
Project Title: Compact High Efficiency Vacuum Sweeper
Recipient Name: City of Bremerton
RECIPIENT" to ECOLOGY before this agreement shall be signed. ECOLOGY will provide the form.
M. Prevailing Wage (Davis -Bacon Act): The RECIPIENT agrees, by signing this agreement, to comply with the
Davis -Bacon Act prevailing wage requirements. This applies to the construction, alteration, and repair of treatment
works carried out in whole or in part with assistance made available by the State Revolving Fund as authorized by
Section 513, title VI of the Federal Water Pollution Control Act (33 U.S.C. 1372). Laborers and mechanics employed
by contractors and subcontractors shall be paid wages not less often than once a week and at rates not less than those
prevailing on projects of a character similar in the locality as determined by the Secretary of Labor.
The RECIPIENT shall obtain the wage determination for the area in which the project is located prior to issuing
requests for bids, proposals, quotes or other methods for soliciting contracts (solicitation). These wage determinations
shall be incorporated into solicitations and any subsequent contracts. The RECIPIENT shall ensure that the required
EPA contract language regarding Davis -Bacon Wages is in all contracts and sub contracts in excess of $2,000. The
RECIPIENT shall maintain records sufficient to document compliance with the Davis -Bacon Act, and make such
records available for review upon request.
The RECIPIENT also agrees, by signing this agreement, to comply with State Prevailing Wages on Public Works,
Chapter 39.12 RCW, as applicable. Compliance may include the determination whether the project involves "public
work" and inclusion of the applicable prevailing wage rates in the bid specifications and contracts. The RECIPIENT
agrees to maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and make such records
available for review upon request.
N. 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 or the formation of the ULID and the levy and collection
of ULID Assessments therein pledged to pay the principal of and interest on the loan (for revenue secured lien
obligations); or
(iii) the levy and collection of the taxes pledged to pay the principal of and interest on the loan (for general
obligation -secured loans and general obligation payable from special -assessment -secured loans); or
(iv) 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.
O. Representations and Warranties: The RECIPIENT represents and warrants to ECOLOGY as follows:
Application: Material Information. All information and materials submitted by the RECIPIENT to ECOLOGY in
connection with its loan application were, when made, and are, as of the date the RECIPIENT signs 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 ECOLOGY.
Existence; Authority. It is a duly formed and legally existing municipal corporation or political subdivision of the
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State of Washington Department of Ecology
Agreement No: WQC-2016-BremPW-00213
Project Title: Compact High Efficiency Vacuum Sweeper
Recipient Name: City of Bremerton
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.
Certification. Each payment request shall constitute a certification by the RECIPIENT to the effect that all
representations and warranties made in this loan 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 loan agreement. Any changes in the
RECIPIENT's financial condition shall be disclosed in writing to ECOLOGY by the RECIPIENT in its request for
payment.
P. Sale or Disposition of Utility: The RECIPIENT shall 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 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 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.
4. Expressed written agreement by the DEPARTMENT.
The proceeds of any transfer under this paragraph must be used (1) to redeem promptly, or irrevocably set aside for the
redemption of, Senior Lien Obligations and to redeem promptly the loan, and (2) to provide for part of the cost of
additions to and betterments and extensions of the Utility.
Q. Sewer -Use Ordinance or Resolution: If not already in existence, the RECIPIENT shall adopt and shall enforce a
sewer -use ordinance or resolution. Such ordinance or resolution shall be submitted to ECOLOGY upon request.
The sewer use ordinance must include provisions to:
1) Prohibit the introduction of toxic or hazardous wastes into the RECIPIENT's sewer system.
2) Prohibit inflow of stormwater.
3) Require that new sewers and connections be properly designed and constructed.
R. Termination and Default:
Termination and Default Events
For Insufficient ECOLOGY or RECIPIENT Funds. ECOLOGY may terminate this loan agreement for insufficient
ECOLOGY or RECIPIENT funds.
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State of Washington Department of Ecology
Agreement No: WQC-2016-BremPW-00213
Project Title: Compact High Efficiency Vacuum Sweeper
Recipient Name: City of Bremerton
2. For Failure to Commence Work. ECOLOGY may terminate this loan agreement for failure of the RECIPIENT to
commence project work.
3. Past Due Payments. The RECIPIENT shall be in default of its obligations under this loan agreement when any loan
repayment becomes 60 days past due.
4. Other Cause. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance in full
by the RECIPIENT of all of its obligations under this loan agreement. The RECIPIENT shall be in default of its
obligations under this loan agreement if, in the opinion of ECOLOGY, the RECIPIENT has unjustifiably failed to
perform any obligation required of it by this loan agreement.
Procedures for Termination. If this loan agreement is terminated prior to project completion, ECOLOGY shall provide
to the RECIPIENT a written notice of termination at least five working days prior to the effective date of termination
(the "Termination Date"). The written notice of termination by the ECOLOGY 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").
Termination and Default Remedies
No Further Payments. On and after the Termination Date, or in the event of a default event, ECOLOGY may, at its
sole discretion, withdraw the loan and make no further payments under this agreement.
Repayment Demand. In response to an ECOLOGY initiated termination event, or in response to a loan default event,
ECOLOGY may at its sole discretion demand that the RECIPIENT repay the outstanding balance of the Loan Amount
and all accrued interest.
Interest after Repayment Demand. From the time that ECOLOGY demands repayment of funds, amounts owed by the
RECIPIENT to ECOLOGY shall accrue additional interest at the rate of one percent per month, or fraction thereof.
Accelerate Repayments. In the event of a default, ECOLOGY 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
Obligation upon the Net Revenue. That is, the loan is not subject to acceleration so long as any Senior Lien
Obligations are outstanding. Repayments not made immediately upon such acceleration will incur Late Charges.
Late Charges. All amounts due to ECOLOGY and not paid by the RECIPIENT by the Termination Payment Date or
after acceleration following a default event, as applicable, shall incur late charges.
Intercept State Funds. In the event of a default event and in accordance with Chapter 90.50A.060 RCW, "Defaults,"
any state funds otherwise due to the RECIPIENT may, at ECOLOGY's sole discretion, be withheld and applied to the
repayment of the loan.
Property to ECOLOGY. In the event of a default event and at the option of ECOLOGY, any personal property
(equipment) acquired under this agreement may, in ECOLOGY's sole discretion, become ECOLOGY's property. In
that circumstance, ECOLOGY shall reduce the RECIPIENT's liability to repay money by an amount reflecting the fair
value of such property.
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State of Washington Department of Ecology
Agreement No: WQC-2016-BremPW-00213
Project Title: Compact High Efficiency Vacuum Sweeper
Recipient Name: City of Bremerton
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 by the RECIPIENT shall, at the option
of ECOLOGY, become ECOLOGY property. The RECIPIENT shall be entitled to receive just and equitable
compensation for any satisfactory work completed on such documents and other materials.
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.
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 Chapter 4.84.330 RCW.
Damages. Notwithstanding ECOLOGY's exercise of any or all of the termination or default remedies provided in this
agreement, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY
and/or the state of Washington because of any breach of this agreement by the RECIPIENT. ECOLOGY may
withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the
RECIPIENT is determined.
S. User -Charge System: The RECIPIENT certifies that it has the legal authority to establish and implement a
user -charge system and shall adopt a system of user -charges to assure that each user of the utility shall pay its
proportionate share of the cost of operation and maintenance, including replacement during the design life of the
project.
In addition, the RECIPIENT shall regularly evaluate the user -charge system, at least annually, to ensure the system
provides adequate revenues necessary to operate and maintain the utility, to establish a reserve to pay for replacement,
to establish the required Loan Reserve Account, and to repay the loan.
WATER QUALITY COMBINED FINANCIAL ASSISTANCE TERMS AND CONDITIONS LAST UPDATED ON
10/04/2016
GENERAL FEDERAL CONDITIONS
If a portion or all of the funds for this agreement are provided through federal funding sources or this
agreement is used to match a federal grant award, the following terms and conditions apply to you.
A. CERTIFICATION REGARDING SUSPENSION. DEBARMENT. INELIGIBILITY OR VOLUNTARY
Page 28 of 38
EXCLUSION:
1. The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred,
proposed for debarment, declared ineligible or otherwise excluded from contracting with the federal
government, or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is
unable to certify to the statements contained in the certification, they must provide an explanation as to why they
cannot.
2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the
RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become
erroneous by reason of changed circumstances.
3. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant,
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Agreement No: WQC-2016-BremPW-00213
Project Title: Compact High Efficiency Vacuum Sweeper
Recipient Name: City of Bremerton
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person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have
the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549.
You may contact ECOLOGY for assistance in obtaining a copy of those regulations.
4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction
with a person who is proposed for debarment under the applicable Code of Federal Regulations, debarred,
suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction.
5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement, that it will include this clause titled
"CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION" without modification in all lower tier covered transactions and in all solicitations for lower tier
covered transactions.
6. Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier
covered transaction complies with certification of suspension and debarment requirements.
7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of
Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal
remedies, including suspension and debarment.
8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file, that it, and all lower tier recipients or
contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for
reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in
<http://www.sam.gov> and print a copy of completed searches to document proof of compliance.
B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING
REQUIREMENTS:
CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it
with the signed agreement to ECOLOGY.
Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five
top executives using the FFATA Data Collection Form.
• Receives more than $25,000 in federal funds under this award.
• Receives more than 80 percent of its annual gross revenues from federal funds.
• Receives more than $25,000,000 in annual federal funds.
Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form.
Ecology is required to report the FFATA information for federally funded agreements, including the required
DUNS number, at www.fsrs.gov <http://www.fsrs.gov/> within 30 days of agreement signature. The FFATA
information will be available to the public at www.usaspending. o�ttp://www.usaspending.gov/>.
For more details on FFATA requirements, see www.fsrs.gov <httn://www.fsrs.gov/>.
Version 10/30/2015
State of Washington Department of Ecology
Agreement No: WQC-2016-BremPW-00213
Project Title: Compact High Efficiency Vacuum Sweeper
Recipient Name: City of Bremerton
GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology
GENERAL TERMS AND CONDITIONS AS OF LAST UPDATED 1/22/2018 VERSION
1. ADMINISTRATIVE REQUIREMENTS
a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans — EAGL
Edition." (https://fortress.wa.gov/ecy/publications/SummaryPages/1701004.html)
b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper
management of all funds and resources made available under this Agreement.
c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement, including ensuring
all subgrantees and contractors comply with the terms and conditions of this Agreement. ECOLOGY reserves the right
to request proof of compliance by subgrantees and contractors.
d) RECIPIENT's activities under this Agreement shall be subject to the review and approval by ECOLOGY for the
extent and character of all work and services.
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2. AMENDMENTS AND MODIFICATIONS
This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No
subsequent modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and
signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff
contacts and administrative information without the concurrence of either party.
3. ARCHAEOLOGICAL AND CULTURAL RESOURCES
RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects to archeological and historic
resources. The RECIPIENT must agree to hold harmless the State of Washington in relation to any claim related to
historical or cultural artifacts discovered, disturbed, or damaged due to the RECIPIENT's project funded under this
Agreement.
RECIPIENT shall:
a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their
project:
• For capital construction projects or land acquisitions for capital construction projects, if required, comply with
Governor Executive Order 05-05, Archaeology and Cultural Resources.
• For projects with any federal involvement, if required, comply with the National Historic Preservation Act.
• Any cultural resources federal or state requirements must be completed prior to the start of any work on the project
site.
b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to
implementing any project that involves ground disturbing activities. ECOLOGY will provide the IDP form.
RECIPIENT shall:
• Keep the IDP at the project site.
• Make the IDP readily available to anyone working at the project site.
• Discuss the IDP with staff and contractors working at the project site.
• Implement the IDP when cultural resources or human remains are found at the project site.
c) If any archeological or historic resources are found while conducting work under this Agreement:
• Immediately stop work and notify the ECOLOGY Program, the Department of Archaeology and Historic
Preservation at (360) 586-3064, any affected Tribe, and the local government.
d) If any human remains are found while conducting work under this Agreement:
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Agreement No: WQC-2016-BremPW-00213
Project Title: Compact High Efficiency Vacuum Sweeper
Recipient Name: City of Bremerton
• Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office, and
then the ECOLOGY Program.
e) Comply with RCW 27.53, RCW 27.44.055, and RCW 68.50.645, and all other applicable local, state, and federal
laws protecting cultural resources and human remains.
4. ASSIGNMENT
No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT.
5. COMMUNICATION
RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees,
ECOLOGY, all affected local, state, or federal jurisdictions, and any interested individuals or groups.
6. COMPENSATION
a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the
RECIPIENT. ECOLOGY must sign the Agreement before any payment requests can be submitted.
b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement.
c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified
with ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to
expenditure.
d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY.
e) ECOLOGY will not process payment requests without the proper reimbursement forms, Progress Report and
supporting documentation. ECOLOGY will provide instructions for submitting payment requests.
I) ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment.
g) RECIPIENT will receive payment through Washington State Department of Enterprise Services' Statewide Payee
Desk. RECIPIENT must register as a payee by submitting a Statewide Payee Registration form and an IRS W-9 form
at the website, http://www.des.wa.gov/services/ContractingPurchasing/BusinessNendorPay/Pages/default.aspx. For
any questions about the vendor registration process contact the Statewide Payee Help Desk at (360) 407-8180 or email
payeehelpdesk@watech.wa.gov.
h) ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to
satisfactorily comply with any term or condition of this Agreement.
i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein, or a portion
thereof, has been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to
this Agreement, as appropriate, or upon completion of an audit as specified herein.
j) RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement, all financial,
performance, and other reports required by this agreement. Failure to comply may result in delayed reimbursement.
7. COMPLIANCE WITH ALL LAWS
RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits
related to this Agreement, including but not limited to:
a) RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State
of Washington which affect wages and job safety.
b) RECIPIENT agrees to be bound by all applicable federal and state laws, regulations, and policies against
discrimination.
c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements.
d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits
required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project
timeline for the permit and approval processes.
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Agreement No: WQC-2016-BremPW-00213
Project Title: Compact High Efficiency Vacuum Sweeper
Recipient Name: City of Bremerton
ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the
RECIPIENT fails to comply with above requirements.
If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is considered
modified to conform to that statute or rule of law.
8. CONFLICT OF INTEREST
RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or
responsibility in the review, approval, or carrying out of this Agreement, shall not have any personal or financial
interest, direct or indirect, nor affect the interest of any corporation, partnership, or association in which he/she is a part,
in this Agreement or the proceeds thereof.
9. CONTRACTING FOR GOODS AND SERVICES
RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall
award all contracts for construction, purchase of goods, equipment, services, and professional architectural and
engineering services through a competitive process, if required by State law. RECIPIENT is required to follow
procurement procedures that ensure legal, fair, and open competition.
RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT
may be required to provide written certification that they have followed their standard procurement procedures and
applicable state law in awarding contracts under this Agreement.
ECOLOGY reserves the right to inspect and request copies of all procurement documentation, and review procurement
practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with
state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY's sole discretion.
10. DISPUTES
When there is a dispute with regard to the extent and character of the work, or any other matter related to this
Agreement the determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal
decisions as provided for below:
a) RECIPIENT notifies the funding program of an appeal request.
b) Appeal request must be in writing and state the disputed issue(s).
c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal.
d) ECOLOGY reviews the RECIPIENT's appeal.
e) ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the
review.
The decision of ECOLOGY from an appeal will be final and conclusive, unless within thirty (30) days from the date of
such decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or
duly authorized representative will be final and conclusive.
The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal.
Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director's
decision will not be taken to Environmental and Land Use Hearings Office.
Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this
Agreement and in accordance with the decision rendered.
Nothing in this Agreement will be construed to limit the parties' choice of another mutually acceptable method, in
addition to the dispute resolution procedure outlined above.
11. ENVIRONMENTAL DATA STANDARDS
a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses
environmental measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact
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Agreement No: WQC-2016-BremPW-00213
Project Title: Compact High Efficiency Vacuum Sweeper
Recipient Name: City of Bremerton
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the ECOLOGY Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall:
• Use ECOLOGY's QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance
(QA) officer or the Program QA coordinator instructs otherwise.
• Follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies, July
2004 (Ecology Publication No. 04-03-030).
• Submit the QAPP to ECOLOGY for review and approval before the start of the work.
b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the
Environmental Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The
RECIPIENT must confirm with ECOLOGY that complete and correct data was successfully loaded into EIM, find
instructions at: http://www.ecy.wa.gov/eim.
c) RECIPIENT shall follow ECOLOGY's data standards when Geographic Information System (GIS) data is collected
and processed. Guidelines for Creating and Accessing GIS Data are available at:
https:Hecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards. RECIPIENT,
when requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables,
raw data collection files, map products, and all metadata and project documentation.
12. GOVERNING LAW
This Agreement will be governed by the laws of the State of Washington, and the venue of any action brought
hereunder will be in the Superior Court of Thurston County.
13. INDEMNIFICATION
ECOLOGY will in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the
project described herein, except as provided in the Scope of Work.
To the extent that the Constitution and laws of the State of Washington permit, each party will indemnify and hold the
other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act
or omission of that party or that party's agents or employees arising out of this Agreement.
14. INDEPENDENT STATUS
The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue
to be employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of
the other party.
15. KICKBACKS
RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement
to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift
in return for award of a subcontract hereunder.
16. MINORITY AND WOMEN'S BUSINESS ENTERPRISES (MWBE)
RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-owned (MBE) and
women -owned (WBE) businesses in purchases and contracts initiated under this Agreement.
Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged
to take the following actions, when possible, in any procurement under this Agreement:
a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods
or services.
b) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum
participation by qualified minority and women's businesses.
c) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified
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Agreement No: WQC-2016-BremPW-00213
Project Title: Compact High Efficiency Vacuum Sweeper
Recipient Name: City of Bremerton
minority and women's businesses.
d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises
(OMWBE) (866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as
appropriate.
17. ORDER OF PRECEDENCE
In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved
by giving precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The
Agreement; (c) Scope of Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by
reference, including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; and (f) the
General Terms and Conditions.
18. PRESENTATION AND PROMOTIONAL MATERIALS
ECOLOGY reserves the right to approve RECIPIENT's communication documents and materials related to the
fulfillment of this Agreement:
a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days
prior to production and distribution.
b) RECIPIENT shall include time for ECOLOGY's review and approval process in their project timeline.
c) If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible
products developed.
Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets,
videos, audio tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator
magnet, and any online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to
provide a copy, then the RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best
represents the item.
Any communications intended for public distribution that uses ECOLOGY's logo shall comply with ECOLOGY's
graphic requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY's
logo contact ECOLOGY for guidelines.
RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY.
19. PROGRESS REPORTING
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a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress
reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does
not document timely use of funds.
b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed
without a progress report. ECOLOGY will define the elements and frequency of progress reports.
c) RECIPIENT shall use ECOLOGY's provided progress report format.
d) Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1
through September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after
the end of the quarter being reported.
e) RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extension has been
approved by ECOLOGY, all financial, performance, and other reports required by the agreement and funding program
guidelines. RECIPIENT shall use the ECOLOGY provided closeout report format.
20. PROPERTY RIGHTS
a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable
property under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free,
nonexclusive, and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to
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Agreement No: WQC-2016-BremPW-00213
Project Title: Compact High Efficiency Vacuum Sweeper
Recipient Name: City of Bremerton
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authorize others to use the same for federal, state, or local government purposes.
b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY
information; present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports,
maps, or other data in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY.
c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic
materials produced in fulfillment of this Agreement, in any manner ECOLOGY deems appropriate. ECOLOGY shall
acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials.
d) Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology
Grants and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part
with funds furnished by ECOLOGY in the absence of state and federal statutes, regulations, or policies to the contrary,
or upon specific instructions with respect thereto in this Agreement.
e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the
RECIPIENT for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by
ECOLOGY. If said property is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall
be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property.
I) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds
for the acquisition of land or facilities:
1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in
this Agreement.
2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to
disbursement of funds provided by this Agreement. Such evidence may include title insurance policies, Torrens
certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim
which would impair the uses intended by this Agreement.
g) Conversions. Regardless of the Agreement expiration date, the RECIPIENT shall not at any time convert any
equipment, property, or facility acquired or developed under this Agreement to uses other than those for which
assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned
upon payment to ECOLOGY of that portion of the proceeds of the sale, lease, or other conversion or encumbrance
which monies granted pursuant to this Agreement bear to the total acquisition, purchase, or construction costs of such
property
21. RECORDS, AUDITS, AND INSPECTIONS
RECIPIENT shall maintain complete program and financial records relating to this Agreement, including any
engineering documentation and field inspection reports of all construction work accomplished.
All records shall:
a) Be kept in a manner which provides an audit trail for all expenditures.
b) Be kept in a common file to facilitate audits and inspections.
c) Clearly indicate total receipts and expenditures related to this Agreement.
d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of
Washington, for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute
resolution hereunder.
RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify
discrepancies in the records.
ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state
has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be
enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination.
All work performed under this Agreement and any property and equipment purchased shall be made available to
ECOLOGY and to any authorized state, federal or local representative for inspection at any time during the course of
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Agreement No: WQC-2016-BremPW-00213
Project Title: Compact High Efficiency Vacuum Sweeper
Recipient Name: City of Bremerton
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this Agreement and for at least three (3) years following grant or loan termination or dispute resolution hereunder.
RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times,
in order to monitor and evaluate performance, compliance, and any other conditions under this Agreement.
22. RECOVERY OF FUNDS
The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory
performance of this Agreement and completion of the work described in the Scope of Work.
All payments to the RECIPIENT are subject to approval and audit by ECOLOGY, and any unauthorized expenditure(s)
or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT.
RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this
Agreement.
RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments
within thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the
time ECOLOGY demands repayment of funds.
Any property acquired under this Agreement, at the option of ECOLOGY, may become ECOLOGY's property and the
RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property.
23. 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.
24. STATE ENVIRONMENTAL POLICY ACT (SEPA)
RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State
Environmental Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC) have been or will be met. Any
reimbursements are subject to this provision.
25. SUSPENSION
When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or
any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT. RECIPIENT shall
resume performance on the next business day following the suspension period unless another day is specified by
ECOLOGY.
26. SUSTAINABLE PRACTICES
In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is fully encouraged to implement
sustainable practices and to purchase environmentally preferable products under this Agreement.
a) Sustainable practices may include such activities as: use of clean energy, use of double -sided printing, hosting low
impact meetings, and setting up recycling and composting programs.
b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers
and imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products
with reduced packaging, office products that are refillable, rechargeable, and recyclable, and 100% post -consumer
recycled paper.
For more suggestions visit ECOLOGY's web page: Green Purchasing, ,
https:Hecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing.
27. TERMINATION
a) For Cause
ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the
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Agreement No: WQC-2016-BremPW-00213
Project Title: Compact High Efficiency Vacuum Sweeper
Recipient Name: City of Bremerton
RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material
breach of any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance
rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination.
Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to
commence work on the project funded within four (4) months after the effective date of this Agreement, or by any date
mutually agreed upon in writing for commencement of work, or the time period defined within the Scope of Work.
Non -Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the
RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the
opinion of ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any
further funds, terminate in whole or in part this Agreement, and exercise any other rights under this Agreement.
Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by
ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY
may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from
the RECIPIENT is determined.
b) For Convenience
ECOLOGY may terminate for convenience this Agreement, in whole or in part, for any reason when it is the best
interest of ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted
below. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in
accordance with the terms of this Agreement prior to the effective date of termination.
Non -Allocation of Funds. ECOLOGY's ability to make payments is contingent on availability of funding. In the event
funding from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and
prior to the completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate
the Agreement, in whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions.
ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines the funding
insufficiency is resolved. ECOLOGY may exercise any of these options with no notification or restrictions, although
ECOLOGY will make a reasonable attempt to provide notice.
In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the recipient/contractor
through the effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the
recipient/contractor. In no event shall ECOLOGY's reimbursement exceed ECOLOGY's total responsibility under the
agreement and any amendments.
If payments have been discontinued by ECOLOGY due to unavailable funds, the RECIPIENT shall not be obligated to
repay monies which had been paid to the RECIPIENT prior to such termination.
RECIPIENT's obligation to continue or complete the work described in this Agreement shall be contingent upon
availability of funds by the RECIPIENT's governing body.
c) By Mutual Agreement
ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written
agreement.
d) In Event of Termination
All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other
materials prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of
ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work
Version 10/30/2015
State of Washington Department of Ecology
Agreement No: WQC-2016-BremPW-00213
Project Title: Compact High Efficiency Vacuum Sweeper
Recipient Name: City of Bremerton
Page 38 of 38
completed on such documents and other materials.
Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in
accordance with Recovery of Funds, identified herein.
28. THIRD PARTY BENEFICIARY
RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement, the state
of Washington is named as an express third party beneficiary of such subcontracts with full rights as such.
29. WAIVER
Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach,
and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the
authorized representative of ECOLOGY.
Version 10/30/2015
SUBJECT: Acceptance of Lodging Tax
Advisory Committee's Recommendations
for FY -2019 Funding Allocations
AGENDA BILL ��
CITY OF BREMERTON
CITY COUNCIL
Study Session Date:
COUNCIL MEETING Date:
Department:
Presenter:
Phone:
Auaust 8. 2018
August 15, 2018
City Council
Pat Sullivan, LTAC Chair
(360) 473-5280
SUMMARY: The City of Bremerton anticipates approximately $850,000 in revenue will be
available for distribution in Fiscal Year 2019.
The Lodging Tax Advisory Committee (LTAC) received sixteen (16) requests for funding.
Committee members reached consensus and are recommending funding to all of the applicants
and to continue the City of Bremerton's commitment to the Kitsap Conference Center and the
Admiral Theatre Foundation.
Recommended allocations include $437,000 for non-profit organizations and $13,000 to be carried
over as part of the beginning fund balance for Fiscal Year 2019.
It is also recommended that $250,000 be allocated for operations at Kitsap Conference Center.
The City of Bremerton has an agreement with the Admiral Theatre Foundation through 2022 for
$150,000/year.
ATTACHMENTS: 1) Summary of LTAC Recommendations for2019
FISCAL IMPACTS (Include Budgeted Amount): RCW 67.28 specifies that a municipality may either
accept or reject the committee's recommendations. If any individual recommendation is rejected by
City Council, then the unallocated amount will be held in the fund's reserve and that unfunded
organization will have significantly reduced marketing efforts for Bremerton.
STUDY SESSION AGENDA: ❑ Limited Presentation x❑ Full Presentation
STUDY SESSION ACTION: ❑ Consent Agenda x❑ General Business ❑ Public Hearing
RECOMMENDED MOTION:
Move to accept the Lodging Tax Advisory Committee's recommendations as presented; and to
include the allocations in the City of Bremerton's Fiscal Year 2019 Proposed Budget.
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
Form Updated 01/02/18
BREMERTON LODGING TAx ADVISORY COMMITTEE
FY 2019 REQUESTS FOR FUNDING
Name of Organization
Request
Recommendation
City of Bremerton Kitsap Conference Center
$200,000
$75,000
Bremerton Historic Ships Association
$79,000
$70,000
Visit Kitsap Peninsula (2)
$45,000 &
$75,500
$45,000
Washington State Science & Engineering Fair
$45,000
$43,000
Bremerton Chamber of Commerce
$38,000
$30,000
Roxy Bremerton Foundation
$33,000
$30,000
Kitsap Entrepreneurial Center Kitsap Harbor Festival
$40,000
$25,000
Downtown Bremerton Association WayzGoose Kitsap
$30,000
$23,000
Downtown Bremerton Association
$50,000
$20,000
Kitsap Historical Museum
$26,600
$20,000
Bremerton Symphony Association
$25,000
$20,000
City of Bremerton Quincy Square on 4`" Street Project
$25,000
$10,000
Manette Business Association Heavy Jeens Project
$12,270
$9,000
Dominion Historical Workboat Association
$15,000
$8,000
Kitsap Pride
$6,500
$6,500
Collective Visions Gallery
$2,500
$2,500
SUB TOTAL
$748,370
$437,000
BEGINNING FUND BALANCE/RESERVE
$13,000
GRAND TOTAL
RECOMMENDED FY2019 ALLOCATIONS
$450,000
"Does not include Kitsap Conference Center ($250,000) & Admiral Theatre ($150,000) Operations"
From: Christine Grenier on behalf of City Council
Sent: Wednesday, August 15, 2018 4:39 PM
To: PGH-VKP
Cc: City Council; Greg Wheeler
Subject. RE: Citizen Letter - LTAC Recommendations (Patty Graf -Hoke, Visit Kitsap Peninsula)
Good afternoon, Patty.
This is to acknowledge receipt of your email, which will be provided to the Council Members for their consideration. A
copy will also be shared with Mayor Wheeler.
Your letter will be included in the record for item 7A at tonight's Council Meeting_
Sincerely,
v
Christine Grenier
Council/Auditor Assistant
Bremerton City Council
(350) 473-5280
CitY.Council@ci.bremerton.wa.us
www.BremertonWA.gov
From: PGH-VKP[mailto:grafhoke@visitkitsap.com]
Sent: Wednesday, August 15, 7018 4:20 PM
To: City Council City.Council@ci.bremerton.wa.us>
Cc: Arne Bakker <arneb@portofbremerton.org>
Subject: Re: August 15 - Bremerton City Council Meeting (LTAC Recommendations)
Hello Christine: Thank you for the notification. I was hoping to attend the meeting this evening to extend our
appreciation to the Bremerton Lodging Tax Advisory Committee for it recommendation that Visit Kitsap
Peninsula receive a portion of the City of Bremerton's lodging tax funds for 2419.
Unfortunately, I am involved in a lengthy meeting that is lasting longer than expected and it appears that I won't
be able to attend. If you have a moment, please convey to the Council that Visit Kitsap Peninsula is honored to
again receive funds from the City of Bremerton and it looks forward to investing the $45K of lodging tax funds
to provide Bremerton hoteliers, tourism related businesses, non -profits groups, and event organizers with a
wide -range of professional tourism marketing programs from January 1, to December 31, 2019 and all days in
between..
We also look forward to collaborating with Bremerton tourism stakeholders to share ideas and resources that
will help to attract even more visitors to Bremerton for the day, evening and overnight.
Our sincere thanks to the Bremerton City Council for its continued partnership and support of Kitsap's..and
Bremerton's flourishing and financially rewarding tourism industry.
Patricia Graf -Hake
Director, Visit Kitsap Peninsula
360-908-0088 - rafhokeru'visitkiisa .cern
,�mw,�N,VisiiKit up.ami
cc: Arne Bakker, VKP Board President
Visit Kitsap
Peni nsu I a
the Natural Side of Puget Sound-
visitkitsap.com
Kitsap Peninsula
o
Alliance Piffiitzr
9230 13a)shore Dr, NW, Suite 101- Silverdale. WA 98383 - 800-337-0580 - infu!
The City of Bremerton Lodging Tax Advisory Committee (L TAC) was established by the City Council in
accordance with Washington State Low RCW 67.28...
Notice of Meeting submitted by:
<&� (Vmn&r
Christine Grenier
Council/Auditor Assistant
Bremerton City Council
(360) 473-5280
City.Council@ci.bremerton.wa.us
www. Bre merton WA.eov
<imageOO 1.gif><image002.gif>
<image003.png>
<AUGUST 15.20 1 S.pdf><August 15 - 7A Recomrnendations.pdf>
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