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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... 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E ? o, O L Q U Q •� Q O C 7 7 Q Y y m o- _ a - r a) -. m .s m m to >°. 4i - -c .c _ � m i -wo a� a� w a� ai Q vi E E L c � >1 C .N (o N C s O w "� "J v p N O z,=g a nom' m� `Y c a) CLcap mmLa�_v� w=Y� *+ 03 m rn},rnc cc °- cam +mom c ��pm £ N. c y m a,•` ai �°�r C o Y m m o co o° E aci o o m c~ o �� a x m-�� m a� CM C 7+ - c m Y N c Y � Y m to) N .0 m _ cmi N y rn N 'Q N- � W �y N N tU 0 E 0 N N a U Q o 7 N N m H "�-' p E q� 5, O c O .4) O N L N L L �- 3!- H c3o•� ` t1/ p m°c NAli ~ E G mO i. • 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 - 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 $ L— Alhury 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. X x Participant Signature Parent/Guardian Signature (if under 1 S) Date PA ,?�61v 4 �( ck 4e ►'e e r,C tic- S(fe&,-L� nj r6 " Ve 56, � r6Vef15 C FC�Mf r 6 ;(,Fe-Work-� +kwil Ito brer,(�fr�6rj �A�{a-- 6n1 r WV4 � K0, �i . R N rj Vic S � odC 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 q,39'a-Il 5a, o3l.9q 41 3-: to , H(v l • qI 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 reO"'Oq. R 1 54(p/05'44-19 N N N E E E to N N N 3 O ca ca ca N N N 70 _0 _0 .L ca ca ca z .T) +�+ m 'L 0) 0) 0) O � C) aaa i o }' +, Q V i U 11- LL C'')�N N N 0 V rCO � N � (� a� a cCf O � N co co O r L Q V r 00 00 m� N N N �, a a titin CW G O N O cu cu cu O O O m C.1 U. '� iii o � W M N O O O co cm v m UUU 04 o -0-0-0 M e >N 'L LL LL U- 0 00 00 0_ O O O O M LL 2 N V N N N N v U L � W 73 It ° �i I- O m cn O o G — La Cl)H > 00 00 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. Version 10/30/2015 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. Version 10/30/2015 Page 16 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 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 Version 10/30/2015 Page 17 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 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, Version 10/30/2015 Page 18 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 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 Version 10/30/2015 Page 19 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 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. Version 10/30/2015 Page 20 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 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 21 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 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 22 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 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 23 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" 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 24 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 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 25 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 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 26 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 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, 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 28 of 37 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-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. Page 29 of 37 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 30 of 37 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. Version 10/30/2015 State of Washington Department of Ecology Page 31 of 37 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 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 32 of 37 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 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 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 Page 33 of 37 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 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 34 of 37 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 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 35 of 37 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 Version 10/30/2015 State of Washington Department of Ecology Page 36 of 37 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. 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 "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 16 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 "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 17 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 "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 18 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 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 19 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 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. Version 10/30/2015 Page 20 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 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 Version 10/30/2015 Page 21 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 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, Version 10/30/2015 Page 22 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 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 Version 10/30/2015 Page 23 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 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. Version 10/30/2015 Page 24 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 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 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 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 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 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 Page 37 of 41 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 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 38 of 41 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 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 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 Version 10/30/2015 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 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 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. Version 10/30/2015 Page 2 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 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 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 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. Version 10/30/2015 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 Version 10/30/2015 Page 18 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 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, Version 10/30/2015 Page 19 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 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 Version 10/30/2015 Page 20 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 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. Version 10/30/2015 Page 21 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 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 22 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 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 23 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 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 24 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 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 25 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 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 26 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 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 27 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 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, 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 29 of 38 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. Page 30 of 38 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 31 of 38 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. Version 10/30/2015 State of Washington Department of Ecology Page 32 of 38 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 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 33 of 38 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 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 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 Page 34 of 38 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 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 35 of 38 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 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 36 of 38 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 Version 10/30/2015 State of Washington Department of Ecology Page 37 of 38 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... 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