HomeMy WebLinkAbout04/15/2020 AGENDA PACKET______________________________________________________________
CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 - Phone (360) 473-5280
WEDNESDAY, APRIL 15, 2020
CITY COUNCIL VIRTUAL MEETING AGENDA
Via Live-Stream Video and/or Audio Remote Access
To help reduce the spread of COVID-19, the City Council is conducting a virtual meeting. The Chambers will be closed,
and all Council Members and staff will be participating in the meeting remotely. The public is invited to view and/or
participate in the Council Meeting through one of the following options:
To stream online only (via BKAT Feed, with no interaction possible:
https://bremerton.vod.castus.tv/vod/?live=ch1&nav=live
To join the meeting with computer, tablet, or phone (includes ability to interact):
https://zoom.us/j/381571328?pwd=bWtwQ2dWOHd4aURlKy9nS3pMKzcrQT09
To join the meeting with the phone only dial by location: +1 253 215 8782
+1 301 715 8592
+1 360 415 1029
Meeting ID: 381 571 328
Password: 241706
Citizens are always encouraged to send questions and comments by email to City.Council@ci.bremerton.wa.us
1. CALL TO ORDER: 5:30 P.M.
2. CONSENT AGENDA
A. Claims & Check Register
B. Minutes of Meeting – April 1, 2020
3. PUBLIC HEARING
A. Public Hearing for adoption of the CDBG Agency Service Agreement with the Bremerton
Housing Authority for implementation of the CARES Act Emergency Rental Assistance Program
4. GENERAL BUSINESS
A. Washington State Department of Ecology Water Quality Program Grant for the Ostrich Bay
Creek Stormwater Treatment Construction Project
B. Resolution No. 3323 Acknowledging Commitment to Match Surface Transportation Program
Grant Funds for the 6th Street Preservation Phase III Project
C. Resolution No. 3324 Acknowledging Commitment to Match Surface Transportation Program
Grant Funds for the West Kitsap Way Corridor Planning Study
D. Recreation & Conservation Office (RCO) Funding Board Project Agreement for the Kitsap Lake
Fishing Dock and Park Renovation Project
E. Recreation & Conservation Office (RCO) Funding Board Project Agreement for the Kitsap Lake
Park Boat Launch and Dock Replacement
5. 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.
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: N/A
Claims & Check Register COUNCIL MEETING Date: April 15, 2020
Department: Legal Services
Presenter: Angela Hoover
Phone: (360) 473-5323
SUMMARY:
Approval of the following checks and electronic fund transfers:
1. Check Numbers 388710 through 389023 and Electronic Fund Transfers V21068 through
V21117 in the grand total amount of $2,436,191.47
2. Regular Payroll for pay period ending March 31, 2020 in the amount of $918,248.08
3. Regular Payroll for pay outs and supplemental pay for pay period ending March 31, 2020 in
the amount of $5,127.19
ATTACHMENTS:
FISCAL IMPACTS (Include Budgeted Amount):
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve the consent agenda as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
2A
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Minutes of Meeting – April 1,
2020
Study Session Date: N/A
COUNCIL MEETING Date: April 15, 2020
Department: City Council
Presenter: Council President
Phone: (360) 473-5280
SUMMARY: The Minutes of Meeting held on April 1, 2020 are attached.
ATTACHMENTS: Meeting Minutes
FISCAL IMPACTS (Include Budgeted Amount): None
STUDY SESSION AGENDA: ☒ N/A
STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve the April 1, 2020 Meeting Minutes as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 11/3/17
2B
DIGITAL RECORDING
CITY COUNCIL VIRTUAL MEETING MINUTES
Wednesday, April 1, 2020
A virtual meeting of the City Council of the City of Bremerton was called to order Wednesday, April 1,
2020, at 5:30 PM with Council President Eric Younger presiding. Council Members present were
Mike Simpson, Michael Goodnow, Lori Wheat, Kevin Gorman, Leslie Daugs, and Pat Sullivan. Also
present were City Attorney Roger Lubovich; City Clerk Angela Hoover; Legislative Office Manager
Lori Smith; and Dave Sorensen, Information Services Manager.
President Younger read a statement that per the proclamation issued by Governor Inslee directing
all residents to “Stay Home, Stay Healthy”, the City Council will conduct the Council Meeting virtually,
and thanked the public for their patience. He also established that because only essential business
was allowed, there would be no Mayor’s Report, Public Recognition, or Council Reports…
CONSENT AGENDA
2A – Check Numbers 388325 through 388709 and Electronic Fund Transfers V20963 through
V21067 in the amount of $4,850,689.35; Regular Payroll for the pay period ending February
29, 2020 in the amount of $838,881.88; Regular Payroll (Pay Outs and Supplemental Pay) for
the pay period ending February 29, 2020 in the amount of $4,661.94; Regular Payroll for the
pay period ending March 15, 2020 in the amount of $853,529.37; and Retiree Payroll for pay
period ending March 31, 2020 in the amount of $56,221.24
2B – Minutes of Meeting – March 4, 2020
2C – Minutes of Special Meeting & Study Session – March 11, 2020
2D – Professional Services Agreement with the Bremerton School District for a Full-Time School
Resource Officer
2E – Public Works Agreement with Sabelhaus West, Inc. for Reservoir 8 Exterior Coating
Replacement
2F – Budget Amendment to Transfer Funds within the Street Department Budget to Purchase a
Hydraulic Breaker and Compactor for Mini Excavator
2G – The Local & Community Projects Program Grant Agreement with the State of Washington
Department of Commerce for the Warren Avenue Neighborhood Park & Playfield Renovation
Project
There were no questions or comments from the public…
05:35 M/S/C/U (Gorman/Daugs) Move to approve the CONSENT AGENDA as presented.
GENERAL BUSINESS
3A – ORDINANCE NO. 5396 AMENDING ORDINANCE NO. 5382 RELATING TO STORMWATER
GENERAL FACILITY CHARGES: Public Works & Utilities Director Tom Knuckey used a Power
Point to explain that in 2019 the City passed Ordinance No. 5382 which established rates, fees and
charges for 2020. Staff have coordinated with FCS Group to recalculate the Stormwater General
Facility Charge (GFC) given the elimination of a major capital project from the 6-year CIP. The
proposed ordinance amends the Stormwater GFC which was established in Ordinance No. 5382.
Chris Gonzalez, Senior Project Manager with the FCS Group was also available to answer
questions.
Questions from the public were asked by Roy Runyon, with responses provided by Mr. Knuckey…
City Council Reg. Mtg. Minutes
Wednesday, April 1, 2020
Page 2 of 4
Motion was made by Goodnow and seconded by Gorman… Comments and questions were provided
by Goodnow, Gorman, Sullivan, Wheat, and Simpson; with responses provided by Mr. Knuckey and
Mayor Wheeler…
06:12 M/S/C (Goodnow/Gorman) Move to pass Ordinance No. 5396 amending Ordinance No. 5382
relating to Stormwater General Facility Charges.
Voted in favor of Motion: Daugs, Gorman, Goodnow, Simpson, Sullivan, Younger
Voted opposed to Motion: Wheat
Motion carried; 6-Yes; 1-No
3B – GOODS AND SERVICES AGREEMENT WITH MERCHANT PATROL SECURITY SERVICES,
INC. FOR SECURITY SERVICES AND PATROLS: Public Works & Utilities Director Tom Knuckey
summarized that requests for proposals were prepared, advertised, distributed and received, pursuant
to Public Works bid laws and procedures. The low bidder is Merchant Patrol Security Services, Inc.,
Olalla, WA. The Department requests approval of the Bid Award for the Goods and Services
Agreement to Merchant Patrol Security Services, Inc. for a two (2) year term with an optional two (2)
year extension term as specified within the Agreement.
There were no questions or comments from the public…
Motion was made by Sullivan and seconded by Simpson… Comments and questions were provided
by Daugs, Wheat, Gorman, and Sullivan; with a response provided by Mr. Knuckey…
06:22 M/S/C/U (Sullivan/Simpson) Move to award the Security Services and Patrols Contract to
Merchant Patrol Security Services, Inc.; and authorize the Mayor to finalize and execute the
agreement with substantially the same terms and conditions as presented.
3C – SOLE SOURCE PURCHASE FROM GRANICH ENGINEERED PRODUCTS, INC. FOR THE
SERVICE AND REPAIR OF LIFT STATION WB-3 PUMP STATION NO. 2: Public Works & Utilities
Director Tom Knuckey announced that staff has received a proposal from Granich Engineered
Products, Inc. for the overhaul of a Fairbanks-Morse model D5435WD lift station pump for lift station
WB-3. The cost for this service will be $27,650 plus Washington state sales tax.
There were no questions or comments from the public…
Motion was made by Goodnow and seconded by Daugs… Comments and questions were provided
by Daugs; with responses provided by Mr. Knuckey…
06:24 M/S/C/U (Goodnow/Daugs) Move to approve the Service and Repair of Lift Station WB-3 Pump
No. 2 from Granich Engineered Products, Inc. for $27,650 plus Washington state sales tax.
3D – REPAIR OF BOILER AND RENTAL OF TEMPORARY BOILER FROM COLE INDUSTRIAL,
INC. FOR THE WASTEWATER TREATMENT PLANT: Public Works & Utilities Director Tom
Knuckey summarized that complete proposals were received from only one company qualified for
this type of work. This project requires a temporary boiler to be set up to maintain digester
temperatures. Only Cole Industrial has portable boilers suitable for our application. The total cost for
this project (boiler repair, rental of temporary boiler and trailer rental for temporary boiler transport) will
be $98,400 plus Washington state sales tax.
There were no questions or comments from the public…
Motion was made by Daugs and seconded by Gorman… Comments and questions were provided by
Daugs, Simpson, and Wheat; with responses provided by Mr. Knuckey…
06:29 M/S/C/U (Daugs/Gorman) Move to approve the repair of the WWTP boiler and rental of
City Council Reg. Mtg. Minutes
Wednesday, April 1, 2020
Page 3 of 4
temporary boiler from Cole Industrial, Inc. for $98,400 plus Washington State sales tax.
3E – CONSTRUCTION CONTRACT WITH SOUND PACIFIC CONSTRUCTION, LLC FOR THE
WARREN AVENUE PARK IMPROVEMENT PROJECT: Parks & Recreation Director Jeff Elevado
explained that sealed bids for construction of the Warren Avenue Park Improvement Project were
opened on March 3, 2020. Five (5) bids were received. Sound Pacific Construction, LLC was the
lowest responsive, responsible bidder with a bid of $928,464.18 (WSST included) for park elements
and 38,987.12 for right-of-way and storm water elements for a total contract amount of $967,451.30.
Questions from the public were asked by Roy Runyon, with responses provided by Mr. Elevado…
Motion was made by Daugs and seconded by Wheat… Comments and questions were provided by
Daugs, Simpson, and Younger; with responses provided by Mr. Elevado…
06:42 M/S/C (Daugs/Wheat) Move to award a contract in the amount of $967,451.30 (WSST
included) to Sound Pacific Construction, LLC for construction of the Warren Avenue Park
Improvement Project; and authorize the Mayor to finalize and execute the agreement with
substantially the same terms and conditions as presented; and further authorize a budget
adjustment to transfer $107,303 from the General Government Capital Improvement Fund
and increase the 2020 Parks Capital Construction Fund revenue and expenditure budgets per
the attached project budget.
Voted in favor of Motion: Sullivan, Daugs, Gorman, Wheat, Goodnow, Younger
Voted opposed to Motion: Simpson
Motion carried; 6-Yes; 1-No
3F – PURCHASE FROM MUSCO SPORTS LIGHTING THROUGH THE KING COUNTY
DIRECTORS ASSOCIATION PURCHASING COOPERATIVE FOR THE WARREN AVENUE PARK
IMPROVEMENT PROJECT: Parks & Recreation Director Jeff Elevado stated that the Parks &
Recreation Department applied for and received funding from the Recreation and Conservation
Office’s Youth Athletic Facilities grant in the amount of $350,000 for improvements to the Warren
Avenue Playfield. A major scope item was the replacement of the failing wooden light poles and
incandescent light fixtures. The existing 8 wooden poles have been inspected and found to be rotten
internally and high risk of failure. The upgraded system will feature 4 steel poles located away from
the playing surface and new energy efficient LED light fixtures featuring reduced light spillage into the
neighborhood. Additionally, an upgraded lighting control system will provide integration into the
existing computer-controlled scheduling program. Equipment pricing has been competitively solicited
and publicly awarded through the King County Directors Association Purchasing Cooperative (KCDA).
Total Equipment Cost at $85,800 plus Washington State Sales Tax (WSST).
There were no questions or comments from the public…
Motion was made by Gorman and seconded by Goodnow… Comments and questions were provided
by Gorman, Daugs, Wheat, and Simpson; with responses provided by Mr. Elevado…
06:49 M/S/C/U (Gorman/Goodnow) Move to approve the purchase of athletic field lighting equipment
from Musco Lighting through the King County Directors Association Purchasing Cooperative in the
amount of $85,800 plus Washington State Sales Tax; and authorize the Mayor to finalize and execute
the agreement with substantially the same terms and conditions as presented.
3G – INTERLOCAL AGREEMENT WITH THE KITSAP REGIONAL COORDINATING COUNCIL:
Mayor Wheeler summarized that on February 4, 2020, the Kitsap Regional Coordinating Council
approved the Interlocal Agreement as amended at their monthly Board Meeting. It is now requested
that each Member Agency adopt and execute the updated Interlocal Agreement. The amendments
City Council Reg. Mtg. Minutes
Wednesday, April 1, 2020
Page 4 of 4
relate to changes to the membership and representation of the Council. Port of Kingston has been
added to the Executive Board.
Questions from the public were asked by Roy Runyon, with responses provided by Mayor
Wheeler…
Motion was made by Daugs and seconded by Sullivan… Comments and questions were provided by
Daugs, Goodnow, Sullivan, Simpson, and Younger; with responses provided by Mayor Wheeler…
06:59 M/S/C (Daugs/Sullivan) Move to approve the Kitsap Regional Coordinating Council Interlocal
Agreement as amended; and authorize the Mayor to finalize and execute the agreement with
substantially the same terms and conditions as presented.
Voted in favor of Motion: Daugs, Gorman, Wheat, Goodnow, Sullivan, Younger
Voted opposed to Motion: Simpson
Motion carried; 6-Yes; 1-No
President Younger reminded the public that no Study Session would be held next week on April 8;
and that an Agenda and Council Packet will be issued by the end of the week for the next City Council
Virtual Meeting which will be held on Wednesday, April 15 at 5:30 PM.
With no further business, President Younger adjourned the Council Meeting at 7:00 PM.
Prepared and Submitted by:
______________________________
LORI SMITH
Legislative Office Manager
APPROVED by the City Council on the 15th day of April, 2020.
________________________________________
ERIC YOUNGER, City Council President
Attest:
________________________________________
ANGELA WOODS, City Clerk
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AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: N/A
Public Hearing for adoption of the CDBG
Agency Service Agreement with the
Bremerton Housing Authority for
implementation of the CARES Act
Emergency Rental Assistance Program
COUNCIL MEETING Date: April 15, 2020
Department: DCD, CDBG
Presenter: Sarah Achaoui
Phone: (360) 473-5375
SUMMARY: On March 27th President Trump signed the Coronavirus Aid, Relief, and Economic
Security Act (CARES Act) into law. The City of Bremerton will receive $268,383 in Federal Stimulus
funding and proposes using this funding for emergency rental assistance for households making
between 30% and 80% AMI who have been adversely impacted by Coronavirus. Funds are
anticipated to be received April 26th, and by approving the Agency Service Agreement we can be
prepared to assist households beginning May 1st.
ATTACHMENTS: Agency Service Agreement, Scope of Work, Budget
FISCAL IMPACTS (Include Budgeted Amount): No Fiscal Impacts to the City. The City serves as
a passthrough for this funding and is responsible for ensuring all program requirements are met.
These funds are in addition to our CDBG Entitlement Grant Amount and are coming as a result of the
CARES Act.
STUDY SESSION AGENDA: ☐ Limited Presentation ☐ Full Presentation ☒ N/A
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☒ Public Hearing
RECOMMENDED MOTION:
Move to amend the 2020 CDBG budget to accept $268,383 from the Federal Stimulus CARES Act,
and budget for expenditures in the same amount in the CDBG program for Emergency Rental
Assistance Program and approve the Agency Service Agreement between the City and Bremerton
Housing Authority for implementation of this program and authorize the Mayor to finalize and execute
the agreement with substantially the same terms and conditions as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
3A
Page 1 | 2020 Subrecipient Agreement – [CARES ACT-Emergency Rental Assistance]
AGENCY SERVICE AGREEMENT
Between the City of Bremerton and Bremerton Housing Authority
Contract # 632029
COMMUNITY DEVELOPMENT BLOCK GRANT
HUD Grant #
AN AGREEMENT, by and between City of Bremerton hereinafter referred to as “City” and, Bremerton
Housing Authority hereinafter referred to as “Agency” by which the Agency agrees to carry out specific activities
under City of Bremerton’s Community Development Block Grant Program and establishing certain other terms and
conditions of operation.
IT IS MUTUALLY AGREED AS FOLLOWS:
ARTICLE I. PROJECT
SECTION 1. SCOPE OF SERVICES
The City, as recipient of a Community Development Block Grant (CDBG) from the United States
Department of Housing and Urban Development (HUD), hereby designates the Agency to undertake, in a
satisfactory and proper manner, as determined by the City, a nd the Agency hereby agrees to undertake, the tasks
necessary to conduct the program/project outlined in Exhibit “A”.
SECTION 2. PROJECT SUMMARY
Project Details
Project Name: Emergency Rental Assistance (COVID-19)
Funded Amount: $268,383
Action Plan Year: 2020
Type of Project Public Service-Low/Mod Housing
Service Area: City of Bremerton
Project Location Bremerton City Limits
Eligibility
National Objective: LMC/URG 570.208 (2)(B)/570.208(c)
Basic Eligible Activity Citation: 24 CFR 570.201(e) Public Service
Matrix Code: 05Q Subsistence Payments
DUNS: 059666644
Performance Measures
Object of Activity: Decent Housing
Outcome: Sustainability
Page 2 | 2020 Subrecipient Agreement – [CARES ACT-Emergency Rental Assistance]
Federal Contract Requirements - 2 CFR Part 200
DUNS Number: 059666644
Federal Award Identifier Number (FAIN) B-20-MC-53-0011
Research or Development Contract: No
Indirect Cost (IDR) Rate for Federal Award:
Approved Rate
De Minimis for IDC Rate
Not Applicable
SECTION 3. TERM OF AGREEMENT
The term of this Agreement is May 1, 2020 through December 31, 2020, but may be extended pursuant to
an amendment to this Agreement as authorized in Article IV, Section 9 (Amendments to Agreement). Should
additional time for auditing this project be required, in accordance with law, this Agreement shall be deemed
automatically extended until such time as the said audit shall be completed. In any event, the term of this
Agreement shall cover the period that the Agency has control over Community Development Block Grant funds,
including program income.
SECTION 4. PROGRAM REPORTING
The Agency shall submit the Performance Report and the Demographic Report quarterly, as applicable,
due 10 days after the end of each quarter, as required by the City to meet its local obligations and its obligation to
the U.S. Department of Housing and Urban Development. The required report format is provided in EXHIBIT “B”
of this Agreement.
(A) Quarterly reports which shall include the progress made to date, or justification for lack of progress, in
providing the services specified in Article I, Section 1 Scope of Services, of this Agreement according to the
schedule for completion in Article 1 Section 3 Schedule for Completion of this Agreement.
(B) Quarterly reports on demographic, neighborhood residence, and income information regarding persons
assisted by the Agency through this Agreement.
(C) Semi-Annual budget reconciliation which will compare your approved budget with actuals for year -to-date.
(D) Close out reports including a final performance report, inventory of all property acquired or improved with
CDBG funds, and final financial report, upon termination or completion of the award.
ARTICLE II. FINANCIAL CONDITIONS
SECTION 1. BUDGET AND COMPENSATION
The City shall reimburse the Agency using City of Bremerton Community Development Block Grant
(CDBG) funds for allowable costs, as determined by the City, in an amount not to exceed Two-Hundred Sixty-
Eight Thousand Three-Hundred and Eighty-Three Dollars and Zero Cents for the services described in
EXHIBIT “A”.
The City shall reimburse the Agency for the performance of this Agreement upon completion or partia l
completion of the work tasks as accepted and approved by the City pursuant to the submittal of monthly progress
and demographic reports. Payments shall be made upon receipt of a proper invoice in the format provided in
EXHIBIT “C” of this Agreement.
Such reimbursement shall constitute full and complete payment by the City under this Agreement.
Allowable costs shall mean those necessary and proper costs identified in EXHIBIT “D” and approved by the City
unless any or all such costs are disallowed by the State of Washington or the United States.
Page 3 | 2020 Subrecipient Agreement – [CARES ACT-Emergency Rental Assistance]
Any reimbursements made under this Agreement must comply with the applicable requirements of 2CFR
Part 200, Subpart D. The Agency may not request disbursement of funds under this Agreement until the funds are
needed for eligible costs. The amount of each request must be limited to the amount needed.
Project Budget:
See EXHIBIT “D”, Project Budget
Time of Payment: Payment shall be made upon receipt of reimbursement request voucher mailed to:
CDBG Office, City of Bremerton Department of Community, 345 6th Street Suite 100, Bremerton, WA 98337-
1869.
Where Payments Are Made: Payments shall be made to: Bremerton Housing Authority 600 Park Ave, Bremerton
WA 98337.
The Agency shall apply the funds received from the City under this Agreement in accordance with the Budget
Summary outlined in Exhibit D. Any request for a line-item expense change shall be submitted in writing and shall
specifically state the reasons for the requested increase and a justification for the corresponding decrease in other
line-item(s). All budget revision and/or amendment requests will be reviewed and approved or denied by the City.
SECTION 2. DOCUMENTATION OF COSTS AND OTHER FINANCIAL REPORTING
All costs shall be supported by properly executed payrolls, time records, invoices, vouchers or other official
documentation, as evidence of the nature and propriety of the charges. All accounting documents pertaining in
whole or in part to this Agreement shall be clearly identified and readily accessible, and upon reasonable notice, the
City and United States shall have the right to audit the records of the Agency as th ey relate to the work. The
Agency shall also:
(A) Maintain an effective system of internal fiscal control and accountability for all CDBG funds and property
acquired or improved with CDBG funds, and make sure the same are used solely for authorized purposes.
(B) Keep a continuing record of all disbursements by date, check number, amount, vendor, description of items
purchased and line item from which money was expended, as reflected in the Agency’s accounting
records. The line item notations must be substantiated by a receipt, invoice marked “Paid,” or payroll
record.
(C) Maintain payroll and financial records for a period of six (6) years after receipt of final payment under this
Agreement provided that this program has been monitored by HUD and the annual State audit (which
included the CDBG Program), has been completed.
(D) Permit inspection and audit of its records with respect to all matters authorized by this Agreement by
representatives of the City the State Auditor or the United States at any time during normal business hours
and as often as necessary.
(E) Inform the City concerning any funds allocated to the Agency, that the Agency anticipates will not be
expended during the Agreement period, and permit reassignment of the same by the City to other
agencies.
(F) Repay to the City any funds in its possession at the time of termination of this Agreement that may be due
to the City or the United States.
(G) Maintain complete records concerning the receipt and use of all program income. Program income shall be
reported on a monthly basis on forms provided by the City.
Page 4 | 2020 Subrecipient Agreement – [CARES ACT-Emergency Rental Assistance]
SECTION 3. REIMBURSEMENT
The City shall reimburse the Agency only for actual incurred costs upon presentation of a properly
executed invoice in a form approved by the City. Only those allowable costs directly related to the Agency’s
application, approved by the City shall be paid consistent with Article II Section 2 Documentation of Costs and
Other Financial Reporting. The Amount of each request must be limited to the amount needed for payment of
eligible costs.
Notwithstanding any other provisions in this section, reimbursement for construction contracts shall have
ten percent (10%) of the payment retained until close out of funds pursuant to Article IV, Section 12 of t his
Agreement.
In the event the City or United States determines any funds were expended by the Agency for unauthorized
or ineligible purposes or the expenditures constitute disallowed costs in any other way, the City or United States
may order repayment of the same. The Agency shall remit the disallowed amount to the City within thirty (30) days
of written notification of the disallowance.
(A) The Agency agrees that funds determined by the City to be surplus upon completion of the Agreement will
be subject to cancellation by the City.
(B) The Agency agrees that upon expiration of this Agreement, the Agency shall transfer to the City any CDBG
funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds.
(C) The City shall be relieved of any obligation for payments if funds allocated to the City cease to be available
for any cause other than misfeasance of the City itself.
(D) The City reserves the right to withhold payments pending timely delivery of program reports or documents
as may be required under this Agreement.
SECTION 4. PROGRAM INCOME
This project shall not generate any program income
This project may generate program income. Use of any program income received by the Agency with CDBG
funds under this Agreement shall comply with 24 CFR 570.504(c), consistent with the provisions described as
follows.
If authorized above, program income generated from the use of CDBG funds that is allowed to be retained by the
Agency will be considered additional CDBG funds, subject to all conditions applicable to the use of funds described
in this Agreement. All program income shall be substantially disbursed for eligible activities before additional
requests for reimbursement are made to the City. Program income not used in this manner shall be returned to the
City. Complete records shall be maintained on the receipt and use of all program income. Any program income on
hand when this Agreement is terminated, or received after such termination, shall be reimbursed to the City.
ARTICLE III. FEDERAL CONDITIONS
SECTION 1. BENEFIT TO LOW INCOME PEOPLE
All Agencies providing direct benefit services shall provide such services to benefit very low and low
income persons to the maximum extent feasible (but not less than 51%). Individual persons or families provided a
specific direct benefit or service must qualify under Federal Section 8 income limits as established by HUD.
Persons receiving assistance must not have received any other assistance either from the Bremerton Housing
Authority or other resource so as no not duplicate assistance.The Agency shall maintain records that clearly
document the income range and households size of the persons it serves. Furthermore, the Agency shall maintain
Page 5 | 2020 Subrecipient Agreement – [CARES ACT-Emergency Rental Assistance]
records documenting if the person being served is a female head of household, is handicapped, and/or is an
ethnic/racial minority.
SECTION 2. UNIFORM ADMINISTRATIVE REQUIREMENTS
(A) Agencies which are governmental entities (including public agencies), shall comply with the requirements
and standards of 2 CFR part 200 Uniform Administrative Requirements, Cost Principles and Audit
Requirements.
(B) All agencies are to procure audit services based on 2 CFR Part 200, Subpart F; and
(1) The Agency shall maintain its records and accounts so as to facilitate the audit requirement and
shall ensure that all contractors (performing all or part of the services under this Agreement under a
separate contract with the Agency) also maintain auditable records.
(2) The Agency is responsible for any audit exceptions incurred by its own organization or that of its
Contractors.
(3) The City of Bremerton reserves the right to recover from the Agency all disallowed costs resulting
from the audit.
(4) Responses to any unresolved management findings and disallowed or questioned costs shall be
included with the audit report. The Agency must respond to the City of Bremerton requests for
information or corrective action concerning audit issues within (30) days of the date of request.
SECTION 3. SEPARATION OF CHURCH AND STATE
In addition to, and not in substitution for, other provisions of this Agreement regarding the provision of
services utilizing CDBG funds the Agency agrees that, in connection with such services:
(A) It will not discriminate against any employee or applicant for employment on the basis of religion and will
not limit such services or give preference to persons on the basis of religion;
(B) It will not discriminate against any person applying for such public services on the basis of religion and will
not limit such services or give preference to persons on the basis of religion;
(C) It will provide no religious instruction or counseling, conduct no religious worship or services, engage in no
religious proselytizing, and exert no other religious influence in the provision of such services;
(D) The portion of a facility used to provide services assisted in whole or in part under this Agreement shall
contain no sectarian or religious symbols or decorations while it is being used to provide CDBG funded
services.
SECTION 4. NON-DISCRIMINATION IN EMPLOYMENT AND PURCHASING
The Agency shall comply with Executive Order 11246 as amended by Executive Order 12086 and the
regulations issued pursuant thereto (41 CFR Chapter 60) which provide that no person shall be discriminated
against on the basis of race, color, religion, sex, or national origin in all phases of employment during the
performance of Federal or federally assisted construction contracts. The Agency shall take affirmative action to
ensure fair treatment in employment, upgrading, demotion, or transfer, recruitment or recruitment advertising, layoff
or termination, rates of pay, or other forms of compensation and selection for training and apprenticeship. The
Agency shall ensure compliance with 24 CFR 570.601. Specifically, the Agency shall ensure that provisions as
follows are included in all construction contracts awarded in excess of $10,000 and monitor compliance:
(A) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
Contractor, state that all qualified applicants will receive consideration for employment without regard to
race, color, religion, sex, or national origin.
(B) The Contractor will send to each labor union or representative of workers with which he had a collective
bargaining Agreement or other contract or understanding, a notice to be provided by the Agency
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contracting officer, advising the labor union of workers’ representative of the contractor’s commitments
under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
(C) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24,
1965, and by the rules, regulations, and order of the Secretary of Labor, or pursuant thereto, and will permit
access to his books, records, and accounts by the contracting Agency and the Secretary of Labor for
purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(D) In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this Agreement or with
any of such rules, regulations, or orders, this Agreement may be cancelled, terminated or suspended in
whole or in part and the Contractor may be declared ineligible for further Governm ent contracts in
accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other
sanctions in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary
of Labor, or as otherwise provided by law.
(E) The Contractor will include the provisions of this Section (Article III (4)) in every subcontract or purchase
order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section
204 of executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase
order as may be directed by the Secretary of Labor as a means of enforcing such provisions including
sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such direction, the Contractor may
request the United States to enter into such litigation to protect the interests of the United States.
SECTION 5. CONFLICT OF INTEREST
No member, officer, or employee of the Agency, or its designees or agents, no member of the governing
body of the locality in which the program is situated, and no other public official of such locality or localities who
exercises any function or responsibilities with respect to the program during his tenure or for one year thereafter,
shall have any interest, direct or indirect, in this Agreement or any Subagreement, hereto or the proceeds thereof.
The Agency shall take appropriate steps to assure compliance including incorporation of the following
provision in every Subcontract:
The Contractor covenants that no person who presently exercises any functions or responsibilities in
connection with the City of Bremerton CDBG Program will obtain a personal or financial interest from the
CDBG assisted activity. The Contractor further covenants that he/she presently has no interest in, nor shall
he/she acquire any interest, direct or indirect, either for themselves or those with whom they have
business, or family, which would conflict in any manner or degree with the performance of his/her services
hereunder. The contractor further covenants that in the performance of this Agreement any potential
conflict, on the part of the Contractor or his/her employees, will be disclosed to the Agency and the City.
SECTION 6. DISPLACEMENT, RELOCATION, ACQUISITION AND REPLACEMENT
OF HOUSING
The Agency shall comply with the requirements relating to displacement, relocatio n, acquisition and
replacement of housing (24 CFR Part 570.606). Displacement of persons (families, individuals, businesses, non -
profit organizations and farms) as a result of activities assisted with CDBG funds is generally discouraged and in all
instances must receive prior written approval from the City.
SECTION 7. DISCRIMINATION PROHIBITED
(A) The Agency shall not, on the grounds of race, color, sex, religion, national origin, creed, marital status, or
age:
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(1) Deny a qualified individual any facilities, financial aid, services or other benefits provided under this
Agreement;
(2) Provide any facilities, services, financial aid, or other benefits which are different, or are provided in
a different manner, from those provided to others under this Agreement;
(3) Subject an individual to segregated or separate treatment in any facility in, or in any matter if
process related to receipt of any service or benefit under this Agreement;
(4) Restrict an individual in any way in access to, or in the enjoyment of any advantage or privilege
enjoyed by others in connection with any service or benefit under this agreement;
(5) Treat anyone differently from others in determining if they satisfy any admission, enrollment,
eligibility, membership or other requirement or condition which the individual must meet to be
provided a service or benefit under this Agreement;
(6) Deny anyone an opportunity to participate in any program or activity as an employee which is
different from that afforded others under this Agreement.
(B) The Agency shall abide by all applicable provisions of Section 504 of the HEW Rehabilitation Act of 1973
as amended (implemented in 24 CFR part 8) prohibiting discrimination against handicapped individuals,
and the Age Discrimination Act of 1975 (implemented in 24 CFR part 146) prohibiting discrimination on the
basis of age, either through purpose or intent.
(C) If assignment and/or subcontracting has been authorized in writing, said assignment or subcontract shall
include appropriate safeguards against discrimination in client services binding up on each contractor or
subcontractor. The Agency shall take such action as may be required to ensure full compliance with the
provisions of this section, including sanctions for noncompliance.
SECTION 8. ARCHITECTURAL BARRIERS ACT/AMERICANS WITH DISABILITIES ACT
The Agency shall meet the requirements, where applicable, of the Architectural Barriers Act and the
Americans with Disabilities Act, as set forth in 24 CFR 570.614. A building or facility des igned, constructed, or
altered with funds allocated or reallocated under the CDBG program after December 11, 1995 and that meets the
definition of “residential structure” as defined in 24 CFR part 40.2 or the definition of “building” as defined in 41 CFR
part 101-19.602(a) is subject to the requirements of the Architectural Barriers Act of 1968 (42 USC 4151-4157) and
shall comply with the Uniform Federal Accessibility Standards (Appendix A to 24 CFR part 40 for residential
structures, and Appendix A to 41 CFR part 101-19, subpart 101-19.6, for general type buildings). The Americans
with Disabilities Act (“ADA”) (42 USC 12131; 47 USC 155, 210, 218 and 255) requires that the design and
construction of facilities for first occupancy after January 26, 1993 must include measures to make them readily
accessible and usable by individuals with disabilities. The ADA further requires the removal of architectural barriers
and communication barriers that are structural in nature in existing facilities, where such remov al is readily
achievable -- that is, easily accomplishable and able to be carried out without much difficulty or expense.
SECTION 9. FLOOD DISASTER PROTECTION
The Agency agrees to comply with section 202(a) of the Flood Disaster Protection Act of 1973 (43 U.S.C.
4106) and the regulations in 44 CFR parts 59 through 79.
SECTION 10. OTHER PROGRAM REQUIREMENTS
The Agency shall carry out each activity in compliance with all Federal laws and regulations described in
Subpart K of 24 CFR 570, regardless if the law is specifically stated in this Agreement, except that:
(A) The Agency does not assume the City’s environmental responsibilities described in Section 570.604; and
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(B) The Agency does not assume the City’s responsibility for initiating the review process under Executive
Order 12372.
(C) For Agreements in excess of $150,000, the Agency agrees to comply with the Clean Air Act, 42 U.S.C.
7401-7671q, and the Federal Water Pollution Control Act, 22 U.S.C. 1251-1387.
(D) The Agency agrees to comply with the Byrd Anti-Lobbying Amendment, 31 U.S.C. 1353, where applicable.
(E) If the Agreement involves the acquisition or improvement of real property or equipment, the Agency agrees
to comply with the provisions of 2CFR 200.310 – 200.316.
ARTICLE IV: GENERAL CONDITIONS
SECTION 1. COMPLIANCE WITH LAWS
The Agency, in performance of this Agreement, agrees to comply with all applicable Federal, State and
Local Laws and ordinances, and the rules and regulations promulgated by the U.S. Department of Housin g and
Urban Development, including but not limited to Federal Community Development Block Grant Regulations ,
Washington Law Against Discrimination, and other policies and guidelines established for the City of Bremerton
CDBG Program by the Bremerton City Council. Agency agrees to comply with all provisions of the Americans With
Disabilities Act and all regulations interpreting or enforcing such act. Agency agrees to comply with the National
Environmental Policy Act (NEPA) through the entire course of the p roject. The Agency agrees to certify that it is not
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily exclude d by any Federal
department of Agency in accordance with Executive Orders 12549 and 12689, 24 C.F.R. Pt. 2 4. Additionally the
Agency will certify to anti-lobbying as required by 31 U.S.C. 1352.
In addition, where applicable the following requirements must be met: (1) Compliance with the Copeland
“Anti-Kickback” Act for any contract or subcontract in excess of $2000 for construction or repair (18 U.S.C. 874 and
40 U.S.C. 276c as supplemented by 29 C.F.R. part 5); (3) Contracts or Agreements for the performance of
experimental, developmental, or research work include the rights of the Federal Government and reci pient in any
resulting invention in accordance with 37 C.F.R. part 401; (4) for contra cts in excess of $100,000, the Agency must
comply with all applicable standards, orders or regulations issues pursuant to the Clean Air Act (42 U.S.C. 7401 et
seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.); (5) all agencies must
comply with the Drug-Free Workplace Act of 1988 (42 U.S.C. 701); and (6) for construction projects, all agencies
must comply with, including subcontractors, the Federal Labor Standards Provisions, as issued by the U.S.
Department of Housing and Urban Development.
SECTION 2. LICENSING AND PROGRAM STANDARDS
The Agency agrees to comply with and to obtain at its own expense, if necessary, all applicable Federal, State, City
or Municipal standards for licensing, certification and operation of facilities and programs, and accreditation and
licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals, and
any other standards or criteria as described in the Agreement to assure quality of services.
SECTION 3. INSURANCE
The Agency shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to
persons or damage to property which may arise from or in connection with the performance of the work hereunder
by the Agency, its agents, representatives, employees, or sub-contractors.
Before execution of this Agreement, the Agency shall provide a Certificate of Insurance evidencing:
1. Automobile Liability: insurance with limits no less than $1,000,000 combined single limit per accident for bodily
injury and property damage; and
2. Commercial General Liability: insurance written on an occurrence basis with limits no less than $1,000,000
combined single limit per occurrence for bodily injury and property damage, and two million dollars ($2,000,000)
aggregate. Coverage shall be on an “occurrence” basis. City of Bremerton shall be named by endorsement as an
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additional insured on the Agency’s insurance policy as respects this contract. Such insurance as carried by the
Agency is primary over insurance carried by the City.
3. Excess Liability: insurance with limits not less than $1,000,000 limit per occurrence and aggregate.
4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim
5. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of
Washington, Title 51, Revised Code of Washington and employer’s liability with limits not less than $1,000,000.
Any payment of deductible or self-insured retention shall be the sole responsibility of the Agency.
All required policies shall be provided on an “occurrence” basis except professional liability insurance (if required),
which may be provided on a “claims-made” basis.
The City, its officials, employees, agents and volunteers shall be named as additio nal insured on the Automobile
Liability, Commercial General Liability, an Excess Liability insurance policies, as respects work performed by or on
behalf of the Agency, and a copy of an endorsement that is acceptable to the City, which names the City as an
additional insured, shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified
copy of all the required insurance policies and endorsements. The City further reserves the right to reject any
unacceptable policies and/or endorsements.
The agency’s Commercial General Liability insurance shall contain a clause stating that coverage shall apply
separately to each insured against whose claim is made or suit is brought, except with respects to the limits of the
insurer’s liability.
The Agency’s insurance shall be primary and non-contributory insurance as respects the City and shall contain a
waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which
coverage applies. It shall be an affirmative obligation upon the Agency to advise the City’s Risk Manager by fax at
(360) 473-5161, or by certified mail, return receipt requested to the City of Bremerton, attn.: Risk Management, 345
6th Street, Suite 100, Bremerton, WA thirty (30) days prior to the cancellation, suspension, or substantive change of
any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement.
Agency shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or
undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an
amount equal to cash advances from the grantee.
SECTION 4. INDEMNITY
The Agency agrees to defend, indemnify and save harmless the City, its appointed and elected officers and
employees from and against any and all liability, loss, costs, damage and expense, including costs and attorney
fees in defense thereof because of actions, claims or lawsuits for damages resulting from personal or bodily injury,
including death at any time resulting therefrom, sustained or alleged to have been sustained by any person or
persons and on account of damage to property, arising or alleged to have arisen directly or indirectly out of or in
consequence of or the performance or non-performance of the services or subject matter called for in this
Agreement, whether such injuries to persons or damage to property is due to the negligence of Agency, its
subcontractors, agents, successor, assigns. This provision shall be inapplicable to the extent the City is judicially
found solely negligent for such damage or injury.
It is further specifically and expressly understood that the indemnification provided herein constitutes the
Agency’s waiver of immunity under industrial insurance, Title 51 RCW, solely for the purposes of this
indemnification. The parties further acknowledge that they have mutually negotiated this waiver.
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SECTION 5. NOTICES
Any notices required to be given by the City to the Agency or by the Agency to the City shall be in writing
and delivered to the following parties at the following addresses:
City: Agency:
CDBG Office Kurt Weist, Executive Director
City of Bremerton Community Development Bremerton Housing Authority
345 6th Street, Suite 100 600 Park Ave
Bremerton, WA 98337-1869 Bremerton, WA 98337
City recognition: The Agency shall ensure recognition of the role of the City in providing services through
this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as
to funding source. In addition, the Agency will include a reference to the support provided herein in all publications
made possible with funds made available under this Agreement.
SECTION 6. CITIZEN PARTICIPATION
The Agency will implement the provisions of this Agreement in such a manner as will not impede the
attainment of widespread citizen participation in planning and carrying out the project.
SECTION 7. ASSIGNMENT AND SUBCONTRACTING
The Agency shall not assign or subcontract any portion of the services provided within the terms of this
Agreement without obtaining prior written approval from the City. All terms and conditions of this Agreement shall
apply to any approved subcontract or assignment related to the Agreement.
a. Monitoring: The Agency will monitor all subcontracted services on a regular basis to assure contract
compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented
evidence of follow-up actions taken to correct areas of non-compliance
b. Content: The Agency shall cause all of the provisions of this contract in its entirety to be included in and
made a part of any subcontract executed in the performance of this agreem ent.
c. Selection process: the Agency shall undertake to insure that all subcontracts let in the performance of
this Agreement shall be awarded on a fair and open competition basis in accordance with applicable procurement
requirements. Executed copies of all subcontracts shall be forwarded to the City along with documentation
concerning the selection process.
SECTION 8. RESERVATION OF RIGHTS
Failure to insist upon strict compliance with any terms, covenants or conditions of this Agreement shall not
be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be taken to
be a waiver of any other breach.
SECTION 9. AMENDMENTS TO AGREEMENT
The parties hereby further agree that this Agreement cannot be amended or modified without the written
concurrence of both parties.
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SECTION 10. FAILURE TO PERFORM
In the event of a failure by the Agency to comply, with any terms or conditions of this Agreement or to
provide in any manner the activities or other performance as agreed to herein, the City reserves the right to
temporarily withhold all or any part of pa yment pending correction of the deficiency, suspend all or part of the
Agreement, prohibit the Agency from incurring additional obligations of funds until the City is satisfied that
corrective action has been taken or completed, or recapture funds already disbursed to Agency. The option to
withhold or recapture funds is in addition to, and not in lieu of, the City’s right to terminate as provided in Article IV
Section 11 of the General Conditions of this Agreement. The City may consider performance under this Agreement
when considering future awards.
SECTION 11. TERMINATION
If the Agency fails to comply with the terms and conditions of this Agreement, the City may pursue such
remedies as are available in accordance with 24 CFR 570.910 including but not limited to, the termination of this
Agreement in the manner specified herein.
(A) Termination for Cause – If the Agency fails to comply with the terms and conditions of this Agreement and
any of the following conditions exist:
(1) The lack of compliance with the provisions of this Agreement are of such scope and nature that the
City deems continuation of this Agreement to be substantially non-beneficial to the public interest;
(2) The Agency has failed to take satisfactory corrective action as directed by the City or its authorized
representative within the time specified by same;
(3) The Agency has failed within the time specified by the City or its authorized representative to
satisfactorily substantiate its compliance with the terms and conditions of this Agreement.
The City may terminate this Agreement in whole or in part, and there upon shall notify in writing the Agency
of the termination, the reasons therefore, and the effective date. The effective date shall not be prior to notification
of the termination by the City to the Agency. Costs resulting from obligations incurred by the Agency after
termination of the Agreement are not allowable unless specifically authorized in writing by the City.
(B) Termination for Convenience
The award may be terminated for convenience, in whole or in part, as follows:
(1) By the City with the consent of the Agency. The two parties shall agree upon the termination
conditions, including the effective date and in the case of partial termination, the portion to be
terminated, or
(2) By the Agency upon submitting written notification to the City. The written notification must set
forth the reasons for the termination, the effective date, and in the case of partial termination, the
portion to be terminated. However, in the case of a proposed partial termination, the City may
terminate the award in its entirety if the City determines that the remaining portion will not
accomplish the purpose for which the award was made.
(C) Termination for Withdrawal, Reduction or Limitation of Funding
In the event that funding from the Federal government is withdrawn, reduced or limited in any way after the
effective date of this Agreement, and prior to its normal completion, the City may summarily terminate this
Agreement as to the funds reduced or lim ited, notwithstanding any other termination provision of this
Agreement. If the level of funding so reduced or limited is so great that the Department of Community
Development deems that the continuation of the program covered by the Agreement is no longe r in the
best interest of the public, the City may summarily terminate this Agreement in whole notwithstanding any
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other termination provisions of this Agreement. Termination under this Section shall be effective upon
receipt of written notice by the Agency or its representative.
SECTION 12. CLOSE-OUT
Upon termination of this Agreement, in whole or in part for any reason including completion of the project,
the following provisions shall apply:
(A) Upon written request by the Agency, the City shall make or arrange for payment to the Agency of allowable
reimbursable costs not covered by previous payments;
(B) The Agency shall submit within thirty (30) days after the date of expiration of this Agreement, all financial,
performance and other reports required by this Agreement, and in addition, will cooperate in a program
audit by City of Bremerton or its designee,
(C) Closeout of funds will not occur unless all requirements of 24 CFR 92.507 and all outstanding issues with
the general contractor and or subcontractor have been resolved to the satisfaction of the City.
SECTION 13. VENUE AND CHOICE OF LAW
Any action at law, suit in equity, or other judicial proceeding for the enforcement of this Agreement
or any provisions thereof shall be instituted only in the Superior Court of the State of Washington, County of Kitsap.
It is mutually understood and agreed that this Agreement shall be governed by the laws of the State of Washington,
both as to interpretation and performance.
SECTION 14. SEVERABILITY CLAUSE
It is understood and agreed by the parties that if any part, term, or provision of this Agreement is held by the courts
to be illegal or in conflict with any law of the state where made, the validity of the remaining portions or provisions
shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the
Agreement did not contain the particular part, term, or provision held to be invalid.
SECTION 15. INTEGRATED DOCUMENT
This Agreement with any attachments constitutes the entire Agreement between the parties and both
parties acknowledge that there are no other Agreements, written or oral, that have not been fully set forth in the text
of this Agreement.
AGENCY: CITY OF BREMERTON, WASHINGTON
____________________________________
Sarah Achaoui, CDBG/HOME Administrator
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By:
Kurt Wiest, Executive Director, Bremerton
Housing Authority
Greg Wheeler, Mayor
Date: Date:
APPROVED AS TO FORM:
BREMERTON CITY ATTORNEY
BY_________________________________
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INDEX TO CDBG AGREEMENT
Article I. Project
1. Scope of Services
2. Project Description
3. Term of Agreement
4. Program Reporting
5. Reversion of Assets
Article II. Financial Conditions
1. Budget and Compensation
2. Documentation of Costs and Other Financial Reporting
3. Reimbursement
4. Program Income
Article III. Federal Conditions
1. Benefit to Low Income People
2. Uniform Administrative Requirements
3. Separation of Church and State
4. Non-Discrimination in Employment and Purchasing
5. Local Employment and Purchasing
6. Conflict of Interest
7. Displacement, Relocation, Acquisition and Replacement of Housing
8. Davis Bacon and Related Act
9. Lead Based Paint
10. Discrimination Prohibited
11. Architectural Barriers Act/Americans with Disabilities Act
12. Other Program Requirements
Article IV. General Conditions
1. Compliance with Laws
2. Licensing and Program Standards
3. Insurance
4. Indemnity
5. Notices
6. Citizen Participation
7. Assignment and Subcontracting
8. Reservation of Rights
9. Amendments to Agreement
10. Failure to Perform
11. Termination
12. Close-Out
13. Venue and Choice of Law
15. Severability Clause
16. Integrated Document
EXHIBITS
A. Scope of Services
B. Reporting
C. Voucher Request for Reimbursement
D. Project Budget
EXHIBIT A
SCOPE OF WORK
Consultant’s Responsibilities
Administer the Rental Assistance program in partnership with the City of Bremerton and
identify and select qualified households to participate in the CARES ACT Emergency
Rental Assistance Program
Ensure program requirements are met such as: 1. Serving households which are between
the 30%-80% Area Median Income, 2. Requirements for application including source
income documentation for households ensuring income eligibility is met, 3.
Substantiation of need, including documentation that household has not received any
other form of rental assistance so as to not duplicate assistance and 4. Limits of amount
and duration of assistance not to exceed 3 months.
Periodically evaluate the program requirements to ensure that the program is reaching the
target population.
Submit monthly invoices to the City for expense reimbursements as defined in Exhibit B
schedule.
Expend all rental assistance funds no later than December 31, 2020.
Report to City on a quarterly basis.
General Rental Assistance Program Restrictions
Assistance will be provided to applicants whose income is between 30 and 80% of Area
Median Income (AMI) of Federal Department of Housing and Urban Development
(HUD) income limits.
The rental assistance program is restricted to units located within the city limits of
Bremerton, Washington.
No Bremerton Housing Authority tenant or Section 8 participant, or recipient of any other
federal, state, or local rental assistance program, is eligible to receive assistance from this
program.
EXHIBIT A
SCOPE OF WORK
Specific Program Information and Restrictions
Rental Supplement Assistance
This program provides limited rental assistance funds to assist recipients adversely
impacted by COVID-19 to stabilize their incomes during a specific period of time.
Duration of assistance per household will not exceed 3 months.
Amount of assistance will be the difference between the contract rent and 30% of the
applicant’s income. Applicant will be required to pay the equivalent of 30% of his or
her current income. The remainder will be covered by the rental supplement
assistance program.
Rental assistance shall not exceed 70% of monthly contract rent per participant
household per month.
Rental assistance shall not exceed 3 months.
Eviction Prevention Assistance
This program provides assistance to applicants who have encountered a short-term
financial challenge that has jeopardized their housing.
This program will pay up to three months of back-rent for an applicant.
Eviction prevention assistance shall be one-time and shall not exceed $1,500 per
participant household.
Applicant must provide to Bremerton Housing Authority proof of the financial
challenge as well as other documentation required for the application.
EXHIBIT D: PROJECT BUDGET
AGENCY: Bremerton Housing Authority 632029
PROJECT: Emergency Rental Assistance (CARES ACT)PROJECT #:
PROJECT COSTS
CITY CDBG
CARES ACT
PERSONNEL includes:
Managers & Staff 4,769$
Taxes and Benefits 2,816$
AMOUNT 7,585$
SUPPLIES/EQUIPMENT includes:
Office Supplies 200$
Other: Tools -$
AMOUNT 200$
ADMINISTRATION includes:
Advertising/Marketing -$
Audit/Accounting/HR/IT/Exec 33,155$
Communication -$
Fees & Taxes -$
Indirect Administrative Expenses
Insurance/Bonds
Legal Services -$
Training/Travel -$
Transportation/fuel & maintenance
Other building charge
Other: Postage Printing, telephone
AMOUNT 33,155$
DIRECT CLIENT ASSISTANCE includes
Rental Payments 227,443$
-$
-$
-$
-$
AMOUNT 227,443$
OTHER COSTS includes:
Other (describe)-$
AMOUNT -$
TOTAL PROJECT COSTS 268,383$
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: N/A
Washington State Department of Ecology
Water Quality Program Grant for the Ostrich
Bay Creek Stormwater Treatment
Construction Project
COUNCIL MEETING Date: April 15, 2020
Department: PW&U
Presenter: Chance Berthiaume
Phone: (360) 473-5929
SUMMARY: This project will improve stormwater quality in Ostrich Bay Creek through the installation
of 15 Linear Modular Wetland Systems (MWS) at multiple locations in the area of Kitsap Way,
Bruenn Avenue, and Auto Center Way. MWS treatment systems treat runoff for total suspended
solids (TSS), dissolved copper, dissolved zinc, and total phosphorus, and provide flow control.
ATTACHMENTS: Washington State Department of Ecology Water Quality program grant
agreement No. WQC-2020-BremPW-00133, Ostrich Bay Creek Stormwater Treatment Construction
FISCAL IMPACTS (Include Budgeted Amount): The project is budgeted for construction in 2020
for $1,700,000 and the grant is $802,367, with the remaining funding from the Stormwater Utility fund
484.
STUDY SESSION AGENDA: ☐ Limited Presentation ☐ Full Presentation ☒ N/A
STUDY SESSION ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to accept the Ostrich Bay Creek Stormwater Treatment Construction Grant from Washington
State Department of Ecology; and authorize the Mayor to finalize and execute the agreement with
substantially the same terms and conditions as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
4A
Agreement No. WQC-2020-BremPW-00133
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.
Ostrich Bay Creek Stormwater Treatment
Construction
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:
This project will improve water quality in Ostrich Bay Creek through the installation of Linear Modular Wetland
Systems at multiple locations in the city of Bremerton. This project will provide treatment for total suspended solids
(TSS), dissolved copper, dissolved zinc, and total phosphorus, and provide flow control.
Project Long Description:
This project will provide stormwater treatment for Ostrich Bay Creek which is a tributary of Ostrich Bay in the Dyes
inlet of the Puget Sound. The project is part of a suite of larger projects proposed by the RECIPIENT and supported
by the Puget Sound Partnership and West Central Local Integrating Organization (WCLIO) to improve water quality in
Ostrich Bay and to protect and restore the waters around Bremerton. When completed, these projects will result in the
re-evaluation of hundreds of acres of shellfish beds that have been closed for more than 50 years due to elevated fecal
coliform and other pollutants which are carried to the bay by stormwater. This project supports the Sinclair and Dyes
$1,069,823.00
$1,069,822.67
$802,367.00
$267,455.67
07/01/2019
06/30/2022
Stormwater Facility
Page 2 of 38State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2020-BremPW-00133
Ostrich Bay Creek Stormwater Treatment Construction
City of Bremerton
Inlets Fecal Coliform TMDL water cleanup plan by providing treatment and infiltration of stormwater in urban areas .
This retrofit project’s contributing area is more than 14 acres of mixed commercial, residential, and highly used
roadways on or adjacent to Bruenn Avenue , Auto Center Way, and Kitsap Way. Currently, stormwater flows untreated
from the project area to Ostrich Bay Creek, which Kitsap Public Health District has designated as a No Contact stream
due to high fecal coliform bacteria levels. Pollutants carried by stormwater from the urban roadways, roofs and
landscapes contain sediment, petroleum, polycyclic aromatic hydrocarbons (PAHs), metals, fertilizers, pesticides, and
fecal coliform bacteria.
This project will result in the construction of 15 Linear Modular Wetlands Systems, which were designed and accepted
to 90% design through a previous ECOLOGY agreement (WQC-2016-BremPW-00224). The facilities will provide
enhanced treatment and some infiltration prior to discharge into Ostrich Bay Creek . The facilities will not provide
treatment of fecal coliform but infiltration of stormwater will decrease the input of bacteria in Ostrich Bay Creek and
Ostrich Bay.
Overall Goal:
This project will help protect and restore water quality in Washington State by reducing stormwater impacts from
existing infrastructure and development.
Template Version 10/30/2015
Page 3 of 38State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2020-BremPW-00133
Ostrich Bay Creek Stormwater Treatment Construction
City of Bremerton
RECIPIENT INFORMATION
Organization Name:
Federal Tax ID:
DUNS Number:
Mailing Address:
Physical Address:
Contacts
Organization Email:
City of Bremerton
91-6001231
556846970
100 Oyster Bay Ave N
Bremerton, WA 98312
345 6th Street
Bremerton, WA 98337
ned.lever@ci.bremerton.wa.us
Template Version 10/30/2015
Page 4 of 38State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2020-BremPW-00133
Ostrich Bay Creek Stormwater Treatment Construction
City of Bremerton
Chance Berthiaume
NPDES Stormwater Permit Coordinator
100 Oyster Bay Ave N
Bremerton, Washington 98312
Email: chance.berthiaume@ci.bremerton.wa.us
Phone: (360) 473-5929
Authorized
Signatory
Sheri Jackson
Accountant/Financial Analyst
345 6th Street, Suite 100
Bremerton, Washington 98337
Email: sheri.jackson@ci.bremerton.wa.us
Phone: (360) 473-2327
Billing Contact
Project Manager
Authorized
Signatory
Greg Wheeler
Mayor
345 6th Street, Suite 100
Bremerton, Washington 98337
Email: greg.wheeler@ci.bremerton.wa.us
Phone: (360) 473-5266
Template Version 10/30/2015
Page 5 of 38State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2020-BremPW-00133
Ostrich Bay Creek Stormwater Treatment Construction
City of Bremerton
Contacts
Project
Manager
Financial
Manager
Technical
Advisor
Nina Roscow
3190 - 160th Ave SE
Bellevue, Washington 98008-5452
Email: niro461@ecy.wa.gov
Phone: (425) 649-7216
Kyler Jacobo
PO Box 47600
Olympia, Washington 98504-7600
Email: JKYL461@ecy.wa.gov
Phone: (360) 407-6225
Doug Howie
Senior Stormwater Engineer
PO Box 47600
Olympia, Washington 98504-7600
Email: DOHO461@ecy.wa.gov
Phone: (360) 407-6444
ECOLOGY INFORMATION
Mailing Address:
Physical Address:
Department of Ecology
Water Quality
PO BOX 47600
Olympia, WA 98504-7600
Water Quality
300 Desmond Drive SE
Lacey, WA 98503
Template Version 10/30/2015
Page 6 of 38State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2020-BremPW-00133
Ostrich Bay Creek Stormwater Treatment Construction
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
authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement . ECOLOGY and
RECIPIENT may change their respective staff contacts without the concurrence of either party .
This Agreement shall be subject to the written approval of Ecology’s authorized representative and shall not be binding until so
approved.
The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective
organizations to this Agreement.
Washington State
Department of Ecology
Water Quality
Date Date
City of Bremerton
David Giglio
Mayor
Greg Wheeler
By:By:
Template Approved to Form by
Attorney General's Office
Acting Program Manager
Template Version 10/30/2015
Page 7 of 38State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2020-BremPW-00133
Ostrich Bay Creek Stormwater Treatment Construction
City of Bremerton
Stormwater Permit Coordinator, Project
Manager
Date
Chance W Berthiaume
Template Version 10/30/2015
Page 8 of 38State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2020-BremPW-00133
Ostrich Bay Creek Stormwater Treatment Construction
City of Bremerton
SCOPE OF WORK
Task Number:1 Task Cost: $5,000.00
Task Title:Grant and Loan Administration
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; the EAGL (Ecology Administration of Grants and Loans ) recipient
closeout report; and a two-page outcome summary report (including photos, if applicable). In the event that the RECIPIENT
elects to use a contractor to complete project elements, the RECIPIENT shall retain responsibility for the oversight and
management of this funding agreement.
B. The RECIPIENT shall keep documentation that demonstrates the project is in compliance with applicable procurement ,
contracting, and interlocal agreement requirements; permitting requirements, including 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. This documentation shall be available upon request.
C. The RECIPIENT shall maintain effective communication with ECOLOGY and maintain up -to-date staff contact information
in the EAGL system. 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, Recipient Closeout Report, and
two-page outcome summary report.
* Properly maintained project documentation.
Deliverables
Grant and Loan Administration
Number Description Due Date
1.1 Progress Reports that include descriptions of work accomplished, project
challenges or changes in the project schedule. Submitted at least quarterly.
1.2 Recipient Closeout Report (EAGL Form)
1.3 Two-page Outcome Summary Report
Template Version 10/30/2015
Page 9 of 38State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2020-BremPW-00133
Ostrich Bay Creek Stormwater Treatment Construction
City of Bremerton
SCOPE OF WORK
Task Number:2 Task Cost: $49,101.00
Task Title: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 to ECOLOGY the 05-05/106 Form. All submitted materials must conform to the Department of Archeology and
Historic Preservation’s Washington State Standards for Cultural Resource Reporting .
2.Develop and submit to ECOLOGY an Inadvertent Discovery Plan (IDP), using the ECOLOGY template. The
RECIPIENT will ensure that all contractors and subcontractors have a copy of the completed IDP prior to and while working
on-site. The 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 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.
Template Version 10/30/2015
Page 10 of 38State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2020-BremPW-00133
Ostrich Bay Creek Stormwater Treatment Construction
City of Bremerton
Deliverables
Design Plans and Specs, Environmental Review
Number Description Due Date
2.1 SEPA determination documentation. Upload to EAGL and notify ECOLOGY
when upload is complete.
2.2 List of permits acquired and environmental review documents. Upload to
EAGL and notify ECOLOGY when upload is complete .
2.3 Submit the 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.
2.4 Inadvertent Discovery Plan. Upload to EAGL and notify ECOLOGY when
upload is complete.
2.5 Final Bid Package. Upload to EAGL and notify ECOLOGY when upload is
complete.
2.6 Responses to ECOLOGY Final Bid Package comments. Upload to EAGL
and notify ECOLOGY when upload is complete.
2.7 Ecology Final Bid Package Acceptance Letter. Upload to EAGL and notify
ECOLOGY when upload is complete .
Template Version 10/30/2015
Page 11 of 38State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2020-BremPW-00133
Ostrich Bay Creek Stormwater Treatment Construction
City of Bremerton
SCOPE OF WORK
Task Number:3 Task Cost: $97,826.00
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 (CQAP) 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. CQAP development guidance is available on
the ECOLOGY website.
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 deviate from
ECOLOGY-accepted plans and specifications for ECOLOGY review and acceptance . ECOLOGY must review and accept
all change orders that affect grant eligible activities prior to implementation , and all other change orders for technical merit.
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. O&M plan development guidance is available on
the ECOLOGY website.
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.
Template Version 10/30/2015
Page 12 of 38State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2020-BremPW-00133
Ostrich Bay Creek Stormwater Treatment Construction
City of Bremerton
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.
Task Expected Outcome:
The project will be constructed on schedule and in accordance with accepted plans.
Deliverables
Construction Management
Number Description Due Date
3.1 Construction Quality Assurance Plan. Upload to EAGL and notify
ECOLOGY when upload is complete.
3.2 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 D 3.3
SCHEDULE MO-DA-YEAR and notify ECOLOGY when upload is
complete.
3.4 Revised construction cost estimates when changes in construction schedule
occur. Upload to EAGL using naming convention D 3.4 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. 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 as-built features for treatment
facilities and contributing areas. Upload to EAGL and notify ECOLOGY when
upload is complete.
Template Version 10/30/2015
Page 13 of 38State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2020-BremPW-00133
Ostrich Bay Creek Stormwater Treatment Construction
City of Bremerton
SCOPE OF WORK
Task Number:4 Task Cost: $917,895.67
Task Title:Construction
Task Description:
A.The RECIPIENT will complete construction of the project in accordance with ECOLOGY -accepted plans and
specifications. The construction project will include installation of GULD approved systems (Linear Modular Wetland
Systems), to mitigate runoff from 6.49 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 Design Deliverables for Stormwater Projects with Ecology Funding; Section D.
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 sediment, phosphorus, metals, petroleum
hydrocarbons, and bacterial pollutants prior to discharge into the creek .
Deliverables
Construction
Number Description Due Date
4.1 Contract documents (e.g. bid announcement, bid award, and bid tabulations).
Upload to EAGL and notify ECOLOGY when upload is complete .
4.2 Signed and dated construction contract. Upload to EAGL and notify
ECOLOGY when upload is complete.
4.3 Completed equivalent new/redevelopment area determination. Upload to
EAGL and notify ECOLOGY when upload is complete .
Template Version 10/30/2015
Page 14 of 38State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2020-BremPW-00133
Ostrich Bay Creek Stormwater Treatment Construction
City of Bremerton
BUDGET
Funding Distribution EG200418
NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment
remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple
funding distribution numbers to identify each budget.
Title:
State
SFAP - SFY20
100%
Environmental Legacy Stewarship Account (ELSA) - State
Type:
Funding Source %:
Description:
Approved Indirect Costs Rate:
Recipient Match %:
InKind Interlocal Allowed:
InKind Other Allowed:
Is this Funding Distribution used to match a federal grant? No
Approved State Indirect Rate: 0%
25%
No
No
Funding Title:
Funding Source:
Funding Expiration Date:
Funding Type:
Funding Effective Date:
SFAP
07/01/2019 06/30/2022
Grant
SFAP Task Total
Grant and Loan Administration 5,000.00$
Design Plans and Specs, Environmental Review 49,101.00$
Construction Management 97,826.00$
Construction 917,895.67$
1,069,822.67$Total:
Template Version 10/30/2015
Page 15 of 38State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2020-BremPW-00133
Ostrich Bay Creek Stormwater Treatment Construction
City of Bremerton
Funding Distribution Summary
Recipient / Ecology Share
Recipient Share Ecology Share TotalRecipient Match %Funding Distribution Name
$$$%802,367.00 1,069,822.67267,455.6725.00SFAP
Total $$267,455.67 802,367.00 $1,069,822.67
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.
“Acquisition” means the purchase or receipt of a donation of fee or less than fee interests in real property. These interests
include, but are not limited to, conservation easements, access/trail easements, covenants, water rights, leases, and mineral
rights.
“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 .
“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 .
“Expiration Date” means the latest date on which eligible costs may be incurred.
“Final Accrued Interest” means the interest accrued beginning with the first disbursement of funds to the RECIPIENT through
Template Version 10/30/2015
Page 16 of 38State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2020-BremPW-00133
Ostrich Bay Creek Stormwater Treatment Construction
City of Bremerton
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.
“Loan Fund” means the special fund created by 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 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 .
This term is only used in loan agreements.
“Project Schedule” means that schedule for the project specified in the agreement.
“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.
“Reserve Account” means , for a loan that constitutes a Revenue Secured Debt and if specifically identified as a term and
condition of the funding agreement, the account of that name created in the loan fund to secure the payment of the principal of
and interest on the loan.
Template Version 10/30/2015
Page 17 of 38State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2020-BremPW-00133
Ostrich Bay Creek Stormwater Treatment Construction
City of Bremerton
“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.
“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, including any required recipient match.
“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/engineering 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. Acquisition: The following provisions shall be in force only if the project described in this agreement is an acquisition project:
a. Evidence of Land Value and Title. The RECIPIENT shall submit documentation of the cost of the property rights and the
type of ownership interest that has been acquired.
b. Legal Description of Real Property Rights Acquired . The legal description of the real property rights purchased with funding
assistance provided through this agreement (and protected by a recorded conveyance of rights to the State of Washington )
shall be incorporated into the agreement before final payment.
c. Conveyance of Rights to the State of Washington. Upon purchase of real property rights (both fee simple and lesser
interests), the RECIPIENT shall execute the document necessary to convey certain rights and responsibilities to ECOLOGY ,
on behalf of the State of Washington . The documents required will depend on the project type, the real property rights being
acquired, and whether or not those rights are being acquired in perpetuity (see options below). The RECIPIENT shall use
language provided by ECOLOGY, to record the executed document in the County where the real property lies, and to
provide a copy of the recorded document to ECOLOGY.
Template Version 10/30/2015
Page 18 of 38State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2020-BremPW-00133
Ostrich Bay Creek Stormwater Treatment Construction
City of Bremerton
Documentation Options:
1. Deed of Right. The Deed of Right conveys to the people of the state of Washington the right to preserve , protect, and/or
use the property for public purposes consistent with the fund source. RECIPIENTs shall use this document when acquiring real
property rights that include the underlying land. This document may also be applicable for those easements where the
RECIPIENT has acquired a perpetual easement for public purposes . The RECIPIENT must obtain ECOLOGY approval on
the draft language prior to executing the deed of right.
2. Assignment of Rights. The Assignment of Rights document transfers certain rights such as access and enforcement to
ECOLOGY. The RECIPIENT shall use this document when an easement or lease is being acquired for water quality and
habitat conservation. The Assignment of Rights requires the signature of the underlying landowner and must be incorporated by
reference in the easement document.
3. Easements and Leases. The RECIPIENT may incorporate required language from the Deed of Right or Assignment of
Rights directly into the easement or lease document, thereby eliminating the requirement for a separate document. Language
will depend on the situation; therefore, the RECIPIENT must obtain ECOLOGY approval on the draft language prior to
executing the easement or lease.
d. Real Property Acquisition and Relocation Assistance .
1. Federal Acquisition Policies. See Section 4 of this agreement for requirements specific to Section 319 and SRF funded
projects.
2. State Acquisition Policies. When state funds are part of this agreement, the RECIPIENT agrees to comply with the terms
and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policy of the State of Washington , Chapter
8.26 RCW, and Chapter 468-100 WAC.
3. Housing and Relocation. In the event that housing and relocation costs, as required by federal law set out in subsection (1)
above and/or state law set out in subsection (2) above, are involved in the execution of this project, the RECIPIENT agrees to
provide any housing and relocation assistance required.
e. Hazardous Substances.
1. Certification. The RECIPIENT shall inspect, investigate, and conduct an environmental audit of the proposed acquisition site
for the presence of hazardous substances, as defined in RCW 70.105D.020(10), and certify:
i. No hazardous substances were found on the site, or
ii. Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and federal laws,
and the site is deemed “clean.”
2. Responsibility. Nothing in this provision alters the RECIPIENT's duties and liabilities regarding hazardous substances as set
forth in RCW 70.105D.
3. Hold Harmless. The RECIPIENT will defend, protect and hold harmless ECOLOGY and any and all of its employees
and/or agents, from and against any and all liability, cost (including but not limited to all costs of defense and attorneys' fees)
and any and all loss of any nature from any and all claims or suits resulting from the presence of, or the release or threatened
release of, hazardous substances on the property the RECIPIENT is acquiring .
f. Restriction On Conversion Of Real Property And/Or Facilities To Other Uses
The RECIPIENT shall not at any time convert any real property (including any interest therein) or facility acquired, developed,
maintained, renovated, and/or restored pursuant to this agreement to uses other than those purposes for which funds were
approved without prior approval of ECOLOGY. For acquisition projects that are term limited, such as one involving a lease or
a term-limited restoration, renovation or development project or easement, this restriction on conversion shall apply only for
the length of the term, unless otherwise provided in written documents or required by applicable state or federal law. In such
case, the restriction applies to such projects for the length of the term specified by the lease, easement, deed, or landowner
agreement.
C. Best Management Practices (BMP) Implementation: If the RECIPIENT installs BMPs that are not approved by
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Page 19 of 38State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2020-BremPW-00133
Ostrich Bay Creek Stormwater Treatment Construction
City of Bremerton
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 .
D. Electronic Fund Transfers: Payment will be issued through Washington State’s Office of Financial Management’s Statewide
Payee Desk. To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form
and an IRS W-9 form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about
the vendor registration process or electronic fund transfers, you can contact Statewide Payee Help Desk at (360) 407-8180
or email PayeeRegistration@ofm.wa.gov.
E. Equipment Purchase: Equipment purchases over $5,000 and 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 . All
equipment purchases over $5,000 and not included in a contract for work being completed on the funded project, must also
be reported on the Equipment Purchase Report in EAGL.
F. Funding Recognition: The RECIPIENT must inform the public about ECOLOGY or any EPA (see Section 3.B 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.
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 and specific requirements outlined in the Water Quality Funding Guidelines . Technical assistance, proposed
practices, or project designs that do not meet these standards may be eligible if approved in writing by ECOLOGY.
SECTION 3: THE FOLLOWING CONDITIONS APPLY TO SECTION 319 AND 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.
Template Version 10/30/2015
Page 20 of 38State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2020-BremPW-00133
Ostrich Bay Creek Stormwater Treatment Construction
City of Bremerton
2. “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 for EPA .
B. Funding Recognition and Outreach: In addition to Section 2.F. of these Special 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 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 best management practices (BMPs) installed and associated
pollutant load reductions that were funded 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.
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. Acquisitions: Section 319 and SRF Equivalency project RECIPIENTs shall comply with the terms and conditions of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 84 Stat. 1894 (1970)--Public Law
91-646, as amended by the Surface Transportation and Uniform Relocation Assistance Act , PL 100-17-1987, and applicable
regulations and procedures of the federal agency implementing that Act .
C. 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
submission, go to the Federal Audit Clearinghouse Web site: http://harvester.census.gov/fac/.
D. Archaeological Resources and Historic Properties (Section 106): The RECIPIENT shall comply with the additional
requirements under section 106 of the National Historic Preservation Act (NHPA, 36 CFR 800).
E. Data Universal Numbering System (DUNS) and Central Contractor Registration (CCR) Requirements: RECIPIENTs shall
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Page 21 of 38State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2020-BremPW-00133
Ostrich Bay Creek Stormwater Treatment Construction
City of Bremerton
have a DUNS number. Unless exempted from this requirement under 2 CFR 25.110, the RECIPIENT must ensure that their
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 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, 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, engineers,
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Page 22 of 38State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2020-BremPW-00133
Ostrich Bay Creek Stormwater Treatment Construction
City of Bremerton
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/hotel/ 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. Financial Capability Assessment Documentation
2. Opinion of RECIPIENT’s Legal Council
3. Authorizing Ordinance or Resolution
4. Federal Funding Accountability and Transparency Act (FFATA) Form
5. CWSRF Federal Reporting Information form available in EAGL
6. Fiscal Sustainability Plan Certification Form (only required if the project includes construction of a wastewater or
stormwater facility construction)
7. Cost and Effectiveness Analysis Certification Form
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,
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Page 23 of 38State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2020-BremPW-00133
Ostrich Bay Creek Stormwater Treatment Construction
City of Bremerton
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. Equivalency Projects: (For designated equivalency projects only)
1. The RECIPIENT must procure architectural and engineering services in accordance with the federal requirements in
Chapter 11 of Title 40, U.S.C. (see
www.gpo.gov/fdsys/pkg/USCODE-2011-title40/pdf/USCODE-2011-title40-subtitleI-chap11.pdf).
E. 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 .
F. 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/CWSRF/SignageGuidanceJune2015.pdf.
G. Insurance: The RECIPIENT shall at all times carry fire and extended insurance coverage , public liability, and property
damage, and such other forms of insurance with responsible insurers and 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. 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.
I. 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.
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
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Agreement No:
Project Title:
Recipient Name:
WQC-2020-BremPW-00133
Ostrich Bay Creek Stormwater Treatment Construction
City of Bremerton
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 .
J. 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 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.
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
Template Version 10/30/2015
Page 25 of 38State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2020-BremPW-00133
Ostrich Bay Creek Stormwater Treatment Construction
City of Bremerton
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 mutually signed 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 .
K. 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.
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.
L. Maintenance and Operation of a Funded Utility: The RECIPIENT shall, at all times, maintain and keep the funded Utility in
good repair, working order, and condition.
M. Opinion of RECIPIENT’s Legal Counsel: The RECIPIENT must submit an “Opinion of Legal Counsel to the
RECIPIENT” to ECOLOGY before this agreement will be signed. ECOLOGY will provide the form.
N. 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
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Ostrich Bay Creek Stormwater Treatment Construction
City of Bremerton
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.
O. Progress Reports: RECIPIENTS funded with State Revolving Fund Loan or Forgivable Principal shall include the
following verification statement in the “General Comments” text box of each progress report.
“We verify that we are in compliance with all the requirements as outlined in our funding agreement (s) with the Department of
Ecology. This includes but is not limited to:
- The Davis-Bacon Act, 29 CFR (If applicable)
- Washington State Prevailing Wage Rate, Chapter 39.12 RCW (Pertaining to all recipients)
- The Disadvantaged Business Enterprise (DBE), 40 CFR, Part 33”
P. 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 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 .
Q. Sale or Disposition of Funded Utility: The RECIPIENT shall not sell, transfer, or otherwise dispose of any of the works,
plant, properties, facilities, or other part of the funded Utility or any real or personal property comprising a part of the funded
Utility unless:
1. The facilities or property transferred are not material to the operation of the funded Utility, or have become
unserviceable, inadequate, obsolete, or unfit to be used in the operation of the funded Utility or are no longer necessary,
material, or useful to the operation of the funded 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 funded 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 funded Utility from
the portion of the funded Utility sold or disposed of for the preceding year bears to the total Gross Revenue for that period.
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Ostrich Bay Creek Stormwater Treatment Construction
City of Bremerton
4. Expressed written agreement by the ECOLOGY-.
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.
R. Sewer-Use Ordinance or Resolution for Funded Wastewater Facility Projects : 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 into separated sewer systems.
3) Require that new sewers and connections be properly designed and constructed.
S. Termination and Default:
Termination and Default Events
1. For Insufficient ECOLOGY or RECIPIENT Funds. ECOLOGY may terminate this loan agreement for insufficient
ECOLOGY or RECIPIENT funds.
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
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Ostrich Bay Creek Stormwater Treatment Construction
City of Bremerton
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 .
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 .
T. User-Charge System for Funded Utilities: 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 funded utility shall pay its
proportionate share of the cost of operation and maintenance, including replacement during the design life of the project. The
user-charge system will include provisions for a connection charge .
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 funded utility, to establish reserves to pay for replacement, and to
repay the loan.
GENERAL FEDERAL CONDITIONS
If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is
used to match a federal grant award, the following terms and conditions apply to you.
A. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION:
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, 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
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Ostrich Bay Creek Stormwater Treatment Construction
City of Bremerton
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.gov <http://www.usaspending.gov/>.
For more details on FFATA requirements, see www.fsrs.gov <http://www.fsrs.gov/>.
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Agreement No:
Project Title:
Recipient Name:
WQC-2020-BremPW-00133
Ostrich Bay Creek Stormwater Treatment Construction
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 7-1-2019 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.
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.ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY
The RECIPIENT must comply with the Washington State Office of the Chief Information Officer , OCIO Policy no. 188,
Accessibility (https://ocio.wa.gov/policy/accessibility) as it relates to “covered technology.” This requirement applies to all
products supplied under the agreement, providing equal access to information technology by individuals with disabilities,
including and not limited to web sites/pages, web-based applications, software systems, video and audio content, and electronic
documents intended for publishing on Ecology’s public web site .
4.ARCHAEOLOGICAL AND CULTURAL RESOURCES
RECIPIENT shall take 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.
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City of Bremerton
•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 :
•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.
5.ASSIGNMENT
No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT .
6.COMMUNICATION
RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT 's designees, ECOLOGY, all
affected local, state, or federal jurisdictions, and any interested individuals or groups.
7.COMPENSATION
a)Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT .
ECOLOGY must sign the Agreement before any payment requests can be submitted .
b)Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement .
c)RECIPIENT is responsible to 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 .
f)ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment.
g)RECIPIENT will receive payment through Washington State’s Office of Financial Management’s Statewide Payee Desk .
To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W -9
form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor
registration process, you can contact Statewide Payee Help Desk at (360) 407-8180 or email PayeeRegistration@ofm.wa.gov.
h)ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to
satisfactorily comply with any term or condition of this Agreement .
i)Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein , or a portion thereof,
has been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement ,
as appropriate, or upon completion of an audit as specified herein.
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.
8.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
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City of Bremerton
Washington which affect wages and job safety .
b)RECIPIENT agrees to be bound by all applicable federal and state laws , regulations, and policies against discrimination.
c)RECIPIENT certifies full compliance with all applicable state industrial insurance requirements .
d)RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required
by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the
permit and approval processes.
ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to
comply with above requirements.
If any provision of this Agreement violates any statute or rule of law of the state of Washington , it is considered modified to
conform to that statute or rule of law.
9.CONFLICT OF INTEREST
RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or responsibility
in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect, nor
affect the interest of any corporation, partnership, or association in which he/she is a part, in this Agreement or the proceeds
thereof.
10.CONTRACTING FOR GOODS AND SERVICES
RECIPIENT may contract to buy goods or services related to its performance under this Agreement . RECIPIENT shall award
all contracts for construction, purchase of goods, equipment, services, and professional architectural and engineering services
through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure
legal, fair, and open competition.
RECIPIENT must have a standard procurement process or follow current state procurement procedures . RECIPIENT may be
required to provide written certification that they have followed their standard procurement procedures and applicable state law
in awarding contracts under this Agreement .
ECOLOGY reserves the right to inspect and request copies of all procurement documentation , and review procurement
practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state
procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY’s sole discretion .
11.DISPUTES
When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the
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
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City of Bremerton
accordance with the decision rendered.
Nothing in this Agreement will be construed to limit the parties’ choice of another mutually acceptable method , in addition to the
dispute resolution procedure outlined above.
12.ENVIRONMENTAL DATA STANDARDS
a)RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses environmental
measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY
Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall:
•Use ECOLOGY’s QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance (QA)
officer or the Program QA coordinator instructs otherwise.
•Follow ECOLOGY’s Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies , July 2004
(Ecology Publication No. 04-03-030).
•Submit the QAPP to ECOLOGY for review and approval before the start of the work .
b)RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental
Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm
with ECOLOGY that complete and correct data was successfully loaded into EIM , find instructions at:
http://www.ecy.wa.gov/eim.
c)RECIPIENT shall follow ECOLOGY’s data standards when Geographic Information System (GIS) data is collected and
processed. Guidelines for Creating and Accessing GIS Data are available at :
https://ecology.wa.gov/Research-Data/Data-resources/Geographic-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.
13.GOVERNING LAW
This Agreement will be governed by the laws of the State of Washington , and the venue of any action brought hereunder will be
in the Superior Court of Thurston County.
14.INDEMNIFICATION
ECOLOGY will in no way be held responsible for payment of salaries , consultant's fees, and other costs related to the project
described herein, except as provided in the Scope of Work.
To the extent that the Constitution and laws of the State of Washington permit , each party will indemnify and hold the other
harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of
that party or that party's agents or employees arising out of this Agreement .
15.INDEPENDENT STATUS
The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be
employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of the other
party.
16.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.
17.MINORITY AND WOMEN’S BUSINESS ENTERPRISES (MWBE)
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City of Bremerton
RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-owned (MBE) and women-owned
(WBE) businesses in purchases and contracts initiated under this Agreement .
Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to
take the following actions, when possible, in any procurement under this Agreement :
a)Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or
services.
b)Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation
by qualified minority and women's businesses.
c)Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and
women's businesses.
d)Use the services and assistance of the Washington State Office of Minority and Women 's Business Enterprises (OMWBE)
(866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate.
18.ORDER OF PRECEDENCE
In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving
precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The Agreement; (c) Scope of
Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the
"Administrative Requirements for Recipients of Ecology Grants and Loans"; (f) Ecology Funding Program Guidelines; and (g)
General Terms and Conditions.
19.PRESENTATION AND PROMOTIONAL MATERIALS
ECOLOGY reserves the right to approve RECIPIENT’s communication documents and materials related to the fulfillment of
this Agreement:
a)If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior
to production and distribution.
b)RECIPIENT shall include time for ECOLOGY’s review and approval process in their project timeline .
c)If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible products
developed.
Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets, videos, audio
tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator magnet, and any
online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to provide a copy, then the
RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best represents the item.
Any communications intended for public distribution that uses ECOLOGY’s logo shall comply with ECOLOGY’s graphic
requirements and any additional requirements specified in this Agreement . Before the use of ECOLOGY’s logo contact
ECOLOGY for guidelines.
RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY .
20.PROGRESS REPORTING
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
Template Version 10/30/2015
Page 35 of 38State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2020-BremPW-00133
Ostrich Bay Creek Stormwater Treatment Construction
City of Bremerton
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.
21.PROPERTY RIGHTS
a)Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property
under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free , nonexclusive,
and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to authorize others to
use the same for federal, state, or local government purposes.
b)Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information ;
present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports, maps, or other data
in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY.
c)Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic
materials produced in fulfillment of this Agreement , in any manner ECOLOGY deems appropriate. ECOLOGY shall
acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials .
d)Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology Grants
and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds
furnished by ECOLOGY in the absence of state and federal statutes , regulations, or policies to the contrary, or upon specific
instructions with respect thereto in this Agreement .
e)Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT
for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY . If said property
is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoff by
the RECIPIENT for the fair market value of such property .
f)Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the
acquisition of land or facilities:
1.RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this
Agreement.
2.RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of
funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and
attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses intended by
this Agreement.
g)Conversions. Regardless of the Agreement expiration date , the RECIPIENT shall not at any time convert any equipment ,
property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally
approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of
that portion of the proceeds of the sale, lease, or other conversion or encumbrance which monies granted pursuant to this
Agreement bear to the total acquisition, purchase, or construction costs of such property.
22.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 .
Template Version 10/30/2015
Page 36 of 38State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2020-BremPW-00133
Ostrich Bay Creek Stormwater Treatment Construction
City of Bremerton
d)Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington ,
for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute resolution hereunder.
RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the
records.
ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has
been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced.
Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination.
All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY
and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for
at least three (3) years following grant or loan termination or dispute resolution hereunder.
RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times, in
order to monitor and evaluate performance, compliance, and any other conditions under this Agreement .
23.RECOVERY OF FUNDS
The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance
of this Agreement and completion of the work described in the Scope of Work .
All payments to the RECIPIENT are subject to approval and audit by ECOLOGY , and any unauthorized expenditure(s) or
unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT .
RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement .
RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within
thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the time ECOLOGY
demands repayment of funds.
Any property acquired under this Agreement , at the option of ECOLOGY, may become ECOLOGY's property and the
RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property.
24.SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid , such
invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision , and to
this end the provisions of this Agreement are declared to be severable .
25.STATE ENVIRONMENTAL POLICY ACT (SEPA)
RECIPIENT must demonstrate to ECOLOGY’s satisfaction that compliance with the requirements of the State Environmental
Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC) have been or will be met. Any reimbursements are subject to
this provision.
26.SUSPENSION
When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any
portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT . RECIPIENT shall resume
performance on the next business day following the suspension period unless another day is specified by ECOLOGY.
27.SUSTAINABLE PRACTICES
In order to sustain Washington’s natural resources and ecosystems , the RECIPIENT is fully encouraged to implement
sustainable practices and to purchase environmentally preferable products under this Agreement .
a)Sustainable practices may include such activities as: use of clean energy, use of double-sided printing, hosting low impact
meetings, and setting up recycling and composting programs.
b)Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and
Template Version 10/30/2015
Page 37 of 38State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2020-BremPW-00133
Ostrich Bay Creek Stormwater Treatment Construction
City of Bremerton
imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced
packaging, office products that are refillable , rechargeable, and recyclable, 100% post-consumer recycled paper, and toxic free
products.
For more suggestions visit ECOLOGY’s web page, Green Purchasing,
https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing.
28.TERMINATION
a)For Cause
ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the
RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of
any term or condition. If this Agreement is so terminated, the parties shall be liable only for 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 through the
effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT . 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
Template Version 10/30/2015
Page 38 of 38State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2020-BremPW-00133
Ostrich Bay Creek Stormwater Treatment Construction
City of Bremerton
ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement.
d)In Event of Termination
All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials
prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of ECOLOGY and the
RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such
documents and other materials.
Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in
accordance with Recovery of Funds, identified herein.
29.THIRD PARTY BENEFICIARY
RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement , the state of
Washington is named as an express third party beneficiary of such subcontracts with full rights as such .
30.WAIVER
Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach , and will
not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized
representative of ECOLOGY.
Template Version 10/30/2015
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Resolution No. 3323
acknowledging Commitment to Match
Surface Transportation Program Grant
Funds for the 6th Street Preservation Phase
III Project
Study Session Date: N/A
COUNCIL MEETING Date: April 15, 2020
Department: Public Works & Utilities
Presenter: Shane Weber
Phone: (360) 473-2354
SUMMARY: Staff recommend the City pursue funding from the Surface Transportation Program for
preservation of 6th Street between Naval and Warren Avenues in the current Countywide grant
competition. The improvements would include design and construction of an overlay, new curb
ramps and a new traffic signal at the intersection of 6th Street and Veneta Avenue. The STP program
funds projects at a maximum of 86.5% with a minimum match of $13.5%. The estimated cost of this
project is $2,170,000, and staff intend to request $1,877,050 in grant funds, requiring the City commit
to providing matching funds of $292,950. In addition, the STP Program rules state that expending
STP grant funds for any phase of a project, including design, commits the recipient to constructing all
phases of the project within 10-years of receipt of the grant funds. For this grant cycle, KRCC has
required applicants to include acknowledgment of these requirements from the governing body of the
City with the grant applications.
ATTACHMENTS: Proposed Resolution No. 3323
FISCAL IMPACTS (Include Budgeted Amount): If awarded this grant in the Countywide
competition, the City would be required to provide $292,950 in matching funds for the project. This
match was included in the 2021-2025 REET projection.
STUDY SESSION AGENDA: ☐ Limited Presentation ☐ Full Presentation ☒ N/A
STUDY SESSION ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve Resolution No. 3323 acknowledging the Commitment to Match Surface
Transportation Program Grant Funds for the 6th Street Preservation Phase III Project.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
4B
1
Acknowledge Commitments with
FHWA-STP Grant Funds - Resolution
RESOLUTION NO. 3323
A RESOLUTION of the City Council of the City of
Bremerton, Washington, acknowledging commitments with receipt
of Federal Grant Funds for the 6th Street Preservation Phase III
Project.
WHEREAS, the Surface Transportation Program (STP) administered by the
Federal Highways Administration (FHWA) through both the Puget Sound Regional Council
(PSRC) and Kitsap Regional Coordinating Council (KRCC) provides grant funding for capital
improvements; and
WHEREAS, competition for STP funding is currently open for funding that will
become available in the years 2023 and 2024,
WHEREAS, the STP program funds projects at a maximum rate of 86.5% with a
required match rate of 13.5%; and
WHEREAS, expending STP program funds for any phase of a project, including
design, commits the recipient to constructing all improvements included in the design within 10-
years of receipt of the grant funds; and
WHEREAS, the City of Bremerton desires to pursue funding from the STP program
through the KRCC Countywide forum for improvements on 6th Street between Naval and Warren
Avenues that will include a grind and overlay of the roadway, new ADA compliant curb ramps
and a new traffic signal at the intersection of 6th Street and Veneta Avenue, hereby designated as
the Design and Construction phases of the 6th Street Preservation project; and
WHEREAS, the Design and Construction phases of the 6th Street Preservation
project has an estimated total project cost of $2,170,000; and
WHEREAS, the City intends to seek STP grant funds for the project totaling
$1,877,050, with the remaining $292,950 being necessary to match the grant funds; and
WHEREAS, the Countywide application for STP grant funds requires
acknowledgement from applicants of the required grant match and construction commitment; now
therefore,
2
Acknowledge Commitments with
FHWA-STP Grant Funds - Resolution
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The recitals and findings of fact set forth in this resolution are
hereby incorporated as if fully set forth herein.
SECTION 2. The City Council acknowledges the commitments associated with
acceptance of FHWA STP grant funds for the 6th Street Preservation project as noted in the
recitals and findings of fact as set forth above.
SECTION 3. Severability. If any one or more sections, subsections, or sentences
of this resolution are held to be unconstitutional or invalid, such decision shall not affect the
validity of the remaining portion of this resolution and the same shall remain in full force and
effect.
SECTION 4. Effective Date. This Resolution shall take effect and be in force
immediately upon its passage.
PASSED by the City Council of the City of Bremerton, Washington this ________ day
of ________________, 2020.
ERIC YOUNGER, Council President
APPROVED AS TO FORM: ATTEST:
ROGER A. LUBOVICH, City Attorney ANGELA HOOVER, City Clerk
6th Street Preservation Project Phase III
Resolution Acknowledging Commitments
with Federal STP Grant Funds
City Council; April 15th, 2020
STP Grant Funds
Countywide Competition (KRCC)
•$9.57M available split between 2023 &
2024
•$340K rural area
•$7.17M capacity, safety & environmental
retrofit
•$1.37M preservation
•$1.03M non-motorized
Required for the Countywide Application
“Must include a document from the
jurisdiction’s…Council... that acknowledges the time,
phase and funding obligations associated with Federal
Funding.”
STP Grant Fund Requirements
•FHWA STP Grant requires a 13.5% match for each
project phase
•Spending ANY funds on preliminary engineering (PE)
phase commits construction of all scope within 10-
years
Local Centers
Scope
•Grind and Overlay of 6th Street between
Naval and Warren Avenues, including
pavement mesh
•New ADA ramps at Roosevelt, Hewitt,
Pennsylvania, Veneta, Chester & Broadway
•New traffic signal at 6th/Veneta
Design 2023, Construction 2024
Cost
•Design and Construction = $2,170,000
•STP Grant (86.5%) = $1,877,050
•REET Match (13.5%) = $292,950
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Resolution No. 3324
acknowledging Commitment to Match
Surface Transportation Program Grant
Funds for the West Kitsap Way Corridor
Planning Study
Study Session Date: N/A
COUNCIL MEETING Date: April 15, 2020
Department: Public Works & Utilities
Presenter: Shane Weber
Phone: (360) 473-2354
SUMMARY: Staff recommend the City pursue funding from the Surface Transportation Program
(STP) for a West Kitsap Way Corridor Planning Study with limits between Chico Way/City Limit and
State Route 3 interchange. The study will involve public involvement, design concept development
and strategies for future project funding and implementation. In general, the design concept consists
of re-channelizing and reconstructing the corridor with consideration to multimodal facilities. The
STP program funds projects at a maximum of 86.5% with a minimum match of $13.5%. The
estimated cost of this project is $606,000, and staff intend to request $524,190 in grant funds,
requiring the City commit to providing matching funds of $81,810. Planning projects funded through
STP grants are not subject to Federal Highway Administration (FHWA) Order 5020.1A and do not
obligate the city to long term (10-year) timing or project phasing commitments. For this grant cycle,
KRCC has required applicants to include acknowledgment of these requirements from the governing
body of the City with the grant applications.
ATTACHMENTS: Proposed Resolution No. 3324
FISCAL IMPACTS (Include Budgeted Amount): If awarded this grant in the Countywide
competition, the City would be required to provide $81,810 in matching funds for the project. This
match was included in the 2021-2025 REET projection.
STUDY SESSION AGENDA: ☐ Limited Presentation ☐ Full Presentation ☒ N/A
STUDY SESSION ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve Resolution No. 3324 acknowledging the commitments associated with receipt of
Surface Transportation Program Grant funds for the West Kitsap Way Corridor Planning Study.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
4C
1
Acknowledge Commitments with
FHWA-STP Grant Funds - Resolution
RESOLUTION NO. 3324
A RESOLUTION of the City Council of the City of
Bremerton, Washington, acknowledging commitments with receipt
of Federal Grant Funds for the West Kitsap Way Corridor Planning
Study.
WHEREAS, the Surface Transportation Program (STP) administered by the
Federal Highways Administration (FHWA) through both the Puget Sound Regional Council
(PSRC) and Kitsap Regional Coordinating Council (KRCC) provides grant funding for capital
improvements; and
WHEREAS, competition for STP funding is currently open for funding that will
become available in the years 2023 and 2024; and
WHEREAS, the STP program funds projects at a maximum rate of 86.5% with a
required match rate of 13.5%; and
WHEREAS, expending STP program funds for planning projects does not subject
the City to payback requirements outlined in Federal Highway Administration Order 5020.1A; and
WHEREAS, the City of Bremerton desires to pursue funding from the STP program
through the KRCC Countywide forum for a transportation planning study for West Kitsap Way,
with limits between Chico Way/City Limit and SR3, that will include public outreach, design
concepts and project implementation strategies, hereby designated as West Kitsap Way Corridor
Planning Study; and
WHEREAS, the West Kitsap Way Corridor Planning Study has an estimated cost
of $606,000; and
WHEREAS, the City intends to seek STP grant funds for the project totaling
$524,190, with the remaining $81,810 being necessary to match the grant funds; and
WHEREAS, the Countywide application for STP grant funds requires
acknowledgement from applicants of the required grant match and construction commitment; now
therefore,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
2
Acknowledge Commitments with
FHWA-STP Grant Funds - Resolution
SECTION 1. The recitals and findings of fact set forth in this resolution are
hereby incorporated as if fully set forth herein.
SECTION 2. The City Council acknowledges the commitments associated with
acceptance of FHWA STP grant funds for the West Kitsap Way Corridor Planning Study as
noted in the recitals and findings of fact as set forth above.
SECTION 3. Severability. If any one or more sections, subsections, or sentences
of this resolution are held to be unconstitutional or invalid, such decision shall not affect the
validity of the remaining portion of this resolution and the same shall remain in full force and
effect.
SECTION 4. Effective Date. This Resolution shall take effect and be in force
immediately upon its passage.
PASSED by the City Council of the City of Bremerton, Washington this ________ day
of ________________, 2020.
ERIC YOUNGER, Council President
APPROVED AS TO FORM: ATTEST:
ROGER A. LUBOVICH, City Attorney ANGELA HOOVER, City Clerk
STP Grant Funds
Countywide Competition (KRCC)
•$9.57M available split between 2023 &
2024
•$340K rural area
•$7.17M capacity, safety & environmental
retrofit
•$1.37M preservation
•$1.03M non-motorized
Required for the Countywide Application
“Must include a document from the
jurisdiction’s…Council... that acknowledges the time,
phase and funding obligations associated with Federal
Funding.”
STP Grant Fund Requirements
•FHWA STP Grant requires a 13.5% match for each
project phase
•Spending ANY funds on preliminary engineering (PE)
phase commits construction of all scope within 10-
years
Local Centers
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Recreation & Conservation
Office (RCO) Funding Board Project
Agreement for the Kitsap Lake Fishing Dock
and Park Renovation Project
Study Session Date: N/A
COUNCIL MEETING Date: April 15, 2020
Department: Parks & Recreation
Presenter: Jeff Elevado
Phone: (360) 473-5428
SUMMARY: The attached Funding Board Project [Grant] Agreement will provide $438,200 to assist
in the renovation of Kitsap Lake Park. This project will replace the 30 year old fishing deteriorating
fishing pier with a fish-friendly over water structure, provide ADA access and physical upgrades to
the restrooms, install ADA accessible parking and pathways to link park amenities, a new picnic
shelter and educational interpretive signage. This project has been shaped directly by community
involvement through meetings with stakeholders and public meetings conducted by the Bremerton
Parks & Recreation Commission.
ATTACHMENTS: 1) Recreation and Conservation Office (RCO) Funding Board Project Agreement
(18-1646D); 2) Kitsap Lake Park Design Concept.
FISCAL IMPACTS (Include Budgeted Amount): The total project estimate is $879,400 comprised
of $438,200 RCO Aquatic Lands Enhancement Account Grant, $135,600 RCO/Boating Facilities
Grant Matching Funds, $50,000 Stormwater Utility Fund, $25,000 Cash Donation, $6,500 Bremerton
Parks Foundation Grant, and $91,400 Parks Capital Const. Fund (REET). The remaining balance of
$132,700 will be from in-kind/force account labor in the form of design, project administration and
staff labor.
STUDY SESSION AGENDA: ☐ Limited Presentation ☐ Full Presentation ☒ N/A
STUDY SESSION ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to authorize the Mayor to enter into the Funding Board Project Agreement with the State of
Washington and the Recreation & Conservation Funding Board for the Kitsap Lake Fishing Dock &
Park Renovation Project; and to finalize and execute the agreement with substantially the same
terms and conditions as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
4D
Kitsap Lake Park –Concept PlanKitsap LakeFuture Parking for Trail & ParkFuture Wildlife Viewing Platforms & Nature TrailsImproved Water Access via Noxious Weed Removal, Ramp, Seating, Accessible Pathways/Parking & Restroom UpgradesWetlandViewpoint & SignageNew Seating Overlook & Shelter AccessiblePathways & ParkingFuture Play AreaEntry Signage & LandscapingModular Wetland New AccessibleFishing Dock18
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Recreation & Conservation
Office (RCO) Funding Board Project
Agreement for the Kitsap Lake Park Boat
Launch Replacement Project
Study Session Date: N/A
COUNCIL MEETING Date: April 15, 2020
Department: Parks & Recreation
Presenter: Jeff Elevado
Phone: (360) 473-5428
SUMMARY: The attached Funding Board Project [Grant] Agreement will provide $556,200 to assist
in the replacement of the existing boat launch and dock at Kitsap Lake Park that have outlived their
useful life and are deteriorating rapidly. This grant will be used to replace the boat launch with a
new, wider concrete ramp with side shoring and a boarding float with new concrete abutment and
ADA compliant pathways. This project also includes upgrades to the existing restroom with a new
roof, outdoor shower and accessible fixtures, construction of an accessible boat trailer parking stall,
and accessible pathways linking the parking lot, boat launch and restroom. This project has been
shaped directly by community involvement through meetings with stakeholders and public meetings
conducted by the Bremerton Parks & Recreation Commission.
ATTACHMENTS: 1) Recreation & Conservation Office (RCO) Funding Board Project Agreement
(18-2567D); and 2) Kitsap Lake Park Design Concept
FISCAL IMPACTS (Include Budgeted Amount): The total project estimate is $743,900 comprised
of $556,200 RCO Boating Facilities Program Grant, $50,000 Stormwater Utilities Fund, $25,000
Cash Donation, $6,500 Bremerton Park Foundation Grant, and $70,200 Parks Capital Construction
Fund (REET). The remaining balance of $36,000 will be from in-kind/force account labor in the form
of design, project administration and staff labor.
STUDY SESSION AGENDA: ☐ Limited Presentation ☐ Full Presentation ☒ N/A
STUDY SESSION ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to authorize the Mayor to enter into the Funding Board Project Agreement with the State of
Washington and the Recreation & Conservation Funding Board for the Kitsap Lake Park Boat Launch
and Floating Dock Replacement Project; and to finalize and execute the agreement with substantially
the same terms and conditions as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
4E
Kitsap Lake Park –Concept PlanKitsap LakeFuture Parking for Trail & ParkFuture Wildlife Viewing Platforms & Nature TrailsImproved Water Access via Noxious Weed Removal, Ramp, Seating, Accessible Pathways/Parking & Restroom UpgradesWetlandViewpoint & SignageNew Seating Overlook & Shelter AccessiblePathways & ParkingFuture Play AreaEntry Signage & LandscapingModular Wetland New AccessibleFishing Dock18