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HomeMy WebLinkAboutAmendment 1 -WQC-2023-BremPW-00148AMENDMENT NO. 1 TO AGREEMENT NO. WQC-2023-BremPW-00148 BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND City of Bremerton PURPOSE: To amend the above-referenced agreement (AGREEMENT) between the state of Washington Department of Ecology (ECOLOGY) and City of Bremerton (RECIPIENT) for the Tracyton Beach Road Sewer Improvements (PROJECT). This amendment is needed to extend the agreement due to delays in acquiring the easements necessary to build a pump station. The two properties have now been located and both property owners are willing to negotiate permanent easements. 1) The scope of work remains the same. 2) The total loan (EL230360) amount of $5,008,000.00 remains the same. 3) The Completion/Expiration Date is changed from December 31, 2025, to June 30, 2027. 4) The Estimated Loan Repayment Schedule Number 681, created on June 6, 2023, is replaced with Estimated Loan Repayment Schedule Number 1094, created on September 9, 2025. 5) Based on the revised repayment schedule, loan repayment will start no later than June 30, 2028. Note: This amendment only includes the portions of the original agreement that have been changed in some way. If there were no changes, it will not be referenced in the following portion of the amendment. IT IS MUTUALLY AGREED that the AGREEMENT is amended as follows: Expiration Date: Original: 12/31/2025 Amended: 06/30/2027 CHANGES TO THE BUDGET Funding Distribution EL230360 Funding Title:SRF Loan (State) Funding Effective Date:Funding Expiration Date:07/01/2022 06/30/2027 Funding Type:Loan Template Version 10/30/2015 Docusign Envelope ID: 2FAD155B-5866-45B5-B455-37A8D9A800BD Page 2 of 5State of Washington Department of Ecology City of Bremerton Tracyton Beach Road Sewer Improvements Project Agreement No. WQC-2023-BremPW-00148 Amendment No. 1 Title:CWSRF-SFY23 (State) Type:State 100% The Clean Water Act (CWA) (33 U.S.C 1251-1387) established the State Revolving Fund (SRF) low interest loans program (40. C.F.R. Part 31, 35 Sub Part K). Washington State administers the program under Chapter 173-98 WAC. The portion of this project funded with this funding distribution comes from non-federal source and are not subject to Federal Funding Accountability and Transparency Act (FFATA) and Single Audit Act (SAA). However, this project is subject to the federal requirements outlined in Section 4 and 5 of agreement terms and conditions. Funding Source %: Description: FD0727Fund: Approved Indirect Costs Rate: Recipient Match %: InKind Interlocal Allowed: InKind Other Allowed: Is this Funding Distribution used to match a federal grant? Approved State Indirect: 30 % 0% No No No Effective Interest Rate: 1.1% Interest Rate: 0.8% Admin Charge: 0.3% Terms:20 years Project Start Date: 07/01/2022 Project Completion Date: 06/30/2027 Estimated Initiation of Operation date: Loan Security: Final Accrued Interest: Final Loan Amount: Repayment Schedule Number: 06/30/2027 Revenue Secure Lien Obligation of the Recipient $ $ 1094 Funding Source: SRF Loan (State)Task Total Grant and Loan Administration $30,000.00 Project Design $612,000.00 Project Construction Management $112,000.00 Project Construction $4,200,000.00 Environmental Permitting and Cultural Resources $54,000.00 Total: 5,008,000.00$ Template Version 10/30/2015 Docusign Envelope ID: 2FAD155B-5866-45B5-B455-37A8D9A800BD Page 3 of 5State of Washington Department of Ecology City of Bremerton Tracyton Beach Road Sewer Improvements Project Agreement No. WQC-2023-BremPW-00148 Amendment No. 1 Template Version 10/30/2015 Docusign Envelope ID: 2FAD155B-5866-45B5-B455-37A8D9A800BD Page 4 of 5State of Washington Department of Ecology City of Bremerton Tracyton Beach Road Sewer Improvements Project Agreement No. WQC-2023-BremPW-00148 Amendment No. 1 Funding Distribution Summary Recipient / Ecology Share Funding Distribution Name Recipient Match %Recipient Share Ecology Share Total SRF Loan (State)0 %$$$0.00 5,008,000.00 5,008,000.00 Total 0.00 5,008,000.00 5,008,000.00$$$ Template Version 10/30/2015 Docusign Envelope ID: 2FAD155B-5866-45B5-B455-37A8D9A800BD Page 5 of 5State of Washington Department of Ecology City of Bremerton Tracyton Beach Road Sewer Improvements Project Agreement No. WQC-2023-BremPW-00148 Amendment No. 1 Washington State Department of Ecology Date Date Water Quality Jon Kenning, PhD Greg Wheeler Angela Hoover City Clerk Date Kylie Finnell City Attorney Date City of Bremerton AUTHORIZING SIGNATURES All other terms and conditions of the original Agreement including any Amendments remain in full force and effect, except as expressly provided by this Amendment. The signatories to this Amendment represent that they have the authority to execute this Amendment and bind their respective organizations to this Amendment. This amendment will be effective 09/01/2025. IN WITNESS WHEREOF: the parties hereto, having read this Amendment in its entirety, including all attachments, do agree in each and every particular and have thus set their hands hereunto. Mayor By:By: Program Manager Template Approved to Form by Attorney General's Office Template Version 10/30/2015 Docusign Envelope ID: 2FAD155B-5866-45B5-B455-37A8D9A800BD 11/12/2025 11/12/2025 11/13/2025 11/18/2025 Docusign Envelope ID: 2FAD155B-5866-45B5-B455-37A8D9A800BD Docusign Envelope ID: 2FAD155B-5866-45B5-B455-37A8D9A800BD Docusign Envelope ID: 2FAD155B-5866-45B5-B455-37A8D9A800BD Bremerton City Attorney Contract Review Sheet GENERAL CITY ATTORNEY TRACKING# Date Received: Contractor: Purpose: Contract Amount: $ Contract Term: Originator/Department Contact: Phone: Request Comments By: RISK MANAGER REVIEW □APPROVE □NOT APPROVE Reviewer Initials: Date: Comments: CITY ATTORNEY □APPROVE □NOT APPROVE D Needs to go to Council Reviewer Initials: Date: Comments: ROUTED TO R:\LEGAL\Contracts\FORMS\Contract Review Request.doc **** Attorney-Client Communication. Not for Dissemination**** Docusign Envelope ID: 2FAD155B-5866-45B5-B455-37A8D9A800BD 5717 10/23/25 10/21/25 Amendment #1 - Tracyton Beach Road Sewer Improvements Loan Agreement X No change 250483 Exp. changed 12/31/25 to 06/30/27 WA Dept of Ecology Alex Daugherty/PWU MRR Certificate Of Completion Envelope Id: 2FAD155B-5866-45B5-B455-37A8D9A800BD Status: Completed Subject: Amendment for Signature Source Envelope: Document Pages: 9 Signatures: 4 Envelope Originator: Certificate Pages: 2 Initials: 0 Emma Hanson AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) P.O. Box 47600 Olympia, WA 98504 eklu461@ECY.WA.GOV IP Address: 162.10.9.33 Record Tracking Status: Original 11/12/2025 9:48:18 AM Holder: Emma Hanson eklu461@ECY.WA.GOV Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: Washington State Department of Ecology Location: Docusign Signer Events Signature Timestamp Mychael Raya mychael.raya@ci.bremerton.wa.us Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 98.203.200.124 Sent: 11/12/2025 10:05:23 AM Viewed: 11/12/2025 4:17:27 PM Signed: 11/12/2025 4:17:39 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Greg Wheeler greg.wheeler@ci.bremerton.wa.us Mayor Bremerton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 64.156.71.82 Sent: 11/12/2025 4:17:41 PM Viewed: 11/12/2025 5:28:35 PM Signed: 11/12/2025 5:29:28 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Angela Hoover angela.hoover@ci.bremerton.wa.us Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 64.156.71.82 Sent: 11/12/2025 5:29:29 PM Viewed: 11/13/2025 8:24:53 AM Signed: 11/13/2025 8:25:01 AM Electronic Record and Signature Disclosure: Not Offered via Docusign Jon Kenning, PhD kenj461@ecy.wa.gov Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 165.151.233.116 Sent: 11/13/2025 1:38:36 PM Resent: 11/18/2025 9:21:00 AM Viewed: 11/18/2025 10:53:08 AM Signed: 11/18/2025 10:55:49 AM Electronic Record and Signature Disclosure: Not Offered via Docusign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Emma Hanson eklu461@ECY.WA.GOV Washington State Department of Ecology Security Level: Email, Account Authentication (None), Login with SSO Using IP Address: 162.10.9.29 Sent: 11/13/2025 8:25:02 AM Viewed: 11/13/2025 1:35:55 PM Completed: 11/13/2025 1:38:34 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Elaine Markham elma461@ecy.wa.gov Security Level: Email, Account Authentication (None) Sent: 11/13/2025 1:38:34 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Kimberly Adams kjun461@ecy.wa.gov Security Level: Email, Account Authentication (None) Sent: 11/13/2025 1:38:35 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Elaine Markham elma461@ecy.wa.gov Security Level: Email, Account Authentication (None) Sent: 11/18/2025 10:55:51 AM Electronic Record and Signature Disclosure: Not Offered via Docusign Kimberly Adams kjun461@ecy.wa.gov Security Level: Email, Account Authentication (None) Sent: 11/18/2025 10:55:51 AM Electronic Record and Signature Disclosure: Not Offered via Docusign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 11/12/2025 10:05:23 AM Certified Delivered Security Checked 11/18/2025 10:53:08 AM Signing Complete Security Checked 11/18/2025 10:55:49 AM Completed Security Checked 11/18/2025 10:55:51 AM Payment Events Status Timestamps