HomeMy WebLinkAboutWQC-2024-BremPW-00179-AmendmentAMENDMENT NO. 1
TO AGREEMENT NO. WQC-2024-BremPW-00179
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
BREMERTON CITY OF - PUBLIC WORKS AND UTILITIES
PURPOSE: To amend the above-referenced agreement (AGREEMENT) between the state of Washington Department
of Ecology (ECOLOGY) and BREMERTON CITY OF - PUBLIC WORKS AND UTILITIES (RECIPIENT) for the
Kitsap Lake Stormwater Treatment Retrofit Construction (PROJECT).
The Amendment will close out the AGREEMENT and deobligate all remaining funds. All the deliverables for the
PROJECT were successfully completed without utilizing all of the funds originally allocated. The AGREEMENT Total
Eligible Cost (TEC) will be reduced by $636,003.67 from $2,841,933.33 to $2,205,933.33 with $540,603.12 in
Stormwater Financial Assistance Program (SFAP) funding being deobligated.
The PROJECT budget is amended as follows:
1. Task 1 increased by $378.38, from $3,000 to $3,378.38.
2. Task 2 decreased by $5,000, from $5,000 to $0.
3. Task 3 increased by $60,586.12, from $82,000 to $142,586.12.
4. Task 4 decreased by $3,836.95, from $88,000.00 to $84,163.05.
5. Task 5 decreased by $680,131.22, from $2,655,937.00 to $1,975,805.78.
6. Task 6 decreased by $8,000, from $8,000 to $0.
IT IS MUTUALLY AGREED that the AGREEMENT is amended as follows:
Total Cost:
Original: 2,841,937.00 Amended: 2,205,933.33
Total Eligible Cost:
Original: 2,841,937.00 Amended: 2,205,933.33
CHANGES TO SCOPE OF WORK
Task Number:1 Task Cost: $3,378.38
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; and the EAGL (Ecology Administration of
Grants and Loans) recipient closeout 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
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Page 2 of 11State of Washington Department of Ecology
BREMERTON CITY OF - PUBLIC WORKS AND UTILITIES
Kitsap Lake Stormwater Treatment Retrofit Construction Project
Agreement No. WQC-2024-BremPW-00179
Amendment No. 1
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.
Recipient Task Coordinator: Chance W Berthiaume
Deliverables
Due DateDescriptionNumber
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)
CHANGES TO SCOPE OF WORK
Task Number:2 Task Cost: $0.00
Task Title:Cultural and Environmental Review, and Permitting
Task Description:
The RECIPIENT must 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 submit the documents listed below to initiate ECOLOGY’s cultural resources review.
Property acquisition and above and below ground activities proposed at any project site must be reviewed by
ECOLOGY for potential affects to cultural resources.
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Page 3 of 11State of Washington Department of Ecology
BREMERTON CITY OF - PUBLIC WORKS AND UTILITIES
Kitsap Lake Stormwater Treatment Retrofit Construction Project
Agreement No. WQC-2024-BremPW-00179
Amendment No. 1
The RECIPIENT must receive written notice from ECOLOGY prior to proceeding with work. Examples of work may
include (but are not limited to) geotechnical work, acquisition, site prep work, and BMP installations. Work done prior
to written notice to proceed shall not be eligible for reimbursement.
To initiate cultural resources review:
1. The RECIPIENT will submit the Cultural Resources Review Form to ECOLOGY, using the ECOLOGY template.
Any supporting materials must conform to the Department of Archeology and Historic Preservation’s (DAHP)
Washington State Standards for Cultural Resource Reporting. The Cultural Resources Review Form template may be
found on the ECOLOGY website.
2. The RECIPIENT will submit an Inadvertent Discovery Plan (IDP) to ECOLOGY, 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.
B. The RECIPIENT will submit the State Environmental Policy Act (SEPA) checklist for ECOLOGY project manager
review and notify the ECOLOGY project manager when the official comment period begins. The RECIPIENT will
also upload the final SEPA determination.
C. 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.
Task Goal Statement:
The RECIPIENT will complete all cultural and environmental reviews and permitting tasks in a timely manner.
Task Expected Outcome:
The project will meet the requirements set forth by the cultural resource protection requirements, State Environmental
Policy Act, and all other applicable federal, state, and local laws, and regulations.
Deliverables
Due DateDescriptionNumber
2.1 ECOLOGY Cultural Resources Review Form.
Email the form and any supplemental cultural resources
documentation directly to the ECOLOGY Project Manager. DO
NOT upload the cultural resources form or documentation to EAGL.
2.2 ECOLOGY Inadvertent Discovery Plan (IDP).
Email the form directly to the ECOLOGY Project Manager for
review. Upload to EAGL once review is complete.
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Docusign Envelope ID: E18500B3-0E02-846B-83FF-FE93DF6DDBE6
Page 4 of 11State of Washington Department of Ecology
BREMERTON CITY OF - PUBLIC WORKS AND UTILITIES
Kitsap Lake Stormwater Treatment Retrofit Construction Project
Agreement No. WQC-2024-BremPW-00179
Amendment No. 1
2.3 SEPA Checklist.
Upload the checklist, or other documentation for projects considered
exempt from SEPA review, to EAGL and notify ECOLOGY when
official comment period begins.
2.4 Final SEPA Determination.
Upload to EAGL and notify ECOLOGY.
CHANGES TO SCOPE OF WORK
Task Number:3 Task Cost: $142,586.12
Task Title:Design Plans and Specifications
Task Description:
The RECIPIENT must 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.
The RECIPIENT will develop a stormwater project design. The design submittals must conform to the Deliverables for
Stormwater Projects with Ecology Funding Document. Projects must be designed in accordance with the Stormwater
Management Manual for Eastern Washington, Stormwater Management Manual for Western Washington, or equivalent
manual. Refer to the ECOLOGY website for specific guidance. Project must be reviewed and accepted in writing by
ECOLOGY to be eligible for reimbursement.
The RECIPIENT will upload the design submittals listed below to EAGL for ECOLOGY review. Reduce design
figures to 11x17 inches in size and ensure they are legible.
A. The RECIPIENT will submit a Design Report to ECOLOGY for review and acceptance. Allow 45 calendar days for
ECOLOGY review.
The RECIPIENT agrees to respond to ECOLOGY comments. The RECIPIENT must receive an Ecology Design
Report Acceptance Letter prior to proceeding to 90 Percent Design.
1. The RECIPIENT will calculate and submit a preliminary equivalent new/re-development area for the completed
design using the methods outlined in the Stormwater Deliverables Document.
B. The RECIPIENT will submit a 90 Percent Design Package to ECOLOGY for review and acceptance. At a
minimum, this package must include 90 percent plans, specifications, engineer’s opinion of cost including a schedule
of eligible costs, and project construction schedule. The current required bid inserts and specifications may be found
on the Ecology website. Allow 45 calendar days for ECOLOGY review.
The RECIPIENT agrees to respond to ECOLOGY comments. The RECIPIENT must receive an Ecology 90 Percent
Design Acceptance Letter prior to proceeding to Final Bid Package.
C. The RECIPIENT will submit a 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
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Page 5 of 11State of Washington Department of Ecology
BREMERTON CITY OF - PUBLIC WORKS AND UTILITIES
Kitsap Lake Stormwater Treatment Retrofit Construction Project
Agreement No. WQC-2024-BremPW-00179
Amendment No. 1
of eligible costs, and project construction schedule. Allow 15 calendar days for ECOLOGY review.
The RECIPIENT agrees to respond to ECOLOGY comments. The RECIPIENT must receive an Ecology Final Bid
Package Acceptance Letter prior to advertising the project.
Task Goal Statement:
The RECIPIENT will complete all design tasks and respond to ECOLOGY comments in a timely manner.
Task Expected Outcome:
The project will meet the requirements set forth by ECOLOGY water quality facility design standards and all other
applicable federal, state, and local laws, and regulations.
Deliverables
Due DateDescriptionNumber
3.1 Contract documents, if procuring services for design. The contract
must include ECOLOGY’s standard contract clauses and/or
specification insert.
Upload to EAGL and notify ECOLOGY.
3.2 Design Report.
Upload to EAGL and notify ECOLOGY.
3.3 Responses to ECOLOGY Design Report comments.
Upload to EAGL and notify ECOLOGY.
3.4 ECOLOGY Design Report Acceptance Letter.
Upload to EAGL and notify ECOLOGY.
3.5 90 Percent Design Package.
Upload to EAGL and notify ECOLOGY.
3.6 Responses to ECOLOGY 90 Percent Design Package comments.
Upload to EAGL and notify ECOLOGY.
3.7 ECOLOGY 90 Percent Design Acceptance Letter.
Upload to EAGL and notify ECOLOGY.
3.8 Final Bid Package.
Upload to EAGL and notify ECOLOGY.
3.9 Responses to ECOLOGY Final Bid Package comments.
Upload to EAGL and notify ECOLOGY.
3.10 Ecology Final Bid Package Acceptance Letter.
Upload to EAGL and notify ECOLOGY.
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Docusign Envelope ID: E18500B3-0E02-846B-83FF-FE93DF6DDBE6
Page 6 of 11State of Washington Department of Ecology
BREMERTON CITY OF - PUBLIC WORKS AND UTILITIES
Kitsap Lake Stormwater Treatment Retrofit Construction Project
Agreement No. WQC-2024-BremPW-00179
Amendment No. 1
3.11 Bid Documents (e.g. bid announcement, bid tabulations, and bid
award).
Upload to EAGL and notify ECOLOGY.
CHANGES TO SCOPE OF WORK
Task Number:4 Task Cost: $84,163.05
Task Title:Construction Management
Task Description:
The RECIPIENT must 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 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. Guidance for CQAP development is located in the Design Deliverables Document
available on the ECOLOGY website. Allow 15 calendar days for ECOLOGY review.
C. The RECIPIENT will conduct a pre-construction conference meeting and invite ECOLOGY to attend.
D. The RECIPIENT will submit a project schedule prior to the start of construction and whenever major changes
occur.
E. Prior to execution, the RECIPIENT will submit to ECOLOGY any eligible change orders that deviate from
ECOLOGY-accepted plans and specifications. ECOLOGY must review and accept all change orders that affect grant
eligible activities prior to implementation. Allow 10 calendar days for ECOLOGY review.
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
Due DateDescriptionNumber
Template Version 10/30/2015
Docusign Envelope ID: E18500B3-0E02-846B-83FF-FE93DF6DDBE6
Page 7 of 11State of Washington Department of Ecology
BREMERTON CITY OF - PUBLIC WORKS AND UTILITIES
Kitsap Lake Stormwater Treatment Retrofit Construction Project
Agreement No. WQC-2024-BremPW-00179
Amendment No. 1
4.1 Construction Quality Assurance Plan.
Upload to EAGL and notify ECOLOGY. Upload ECOLOGY
acceptance documentation.
4.2 Pre-Construction Conference Meeting Minutes.
Upload to EAGL and notify ECOLOGY.
4.3 Project Schedule.
Submit prior to construction and when changes occur. Upload to
EAGL and notify ECOLOGY.
4.4 Change Order(s).
Upload to EAGL and notify ECOLOGY. Upload ECOLOGY
acceptance documentation.
CHANGES TO SCOPE OF WORK
Task Number:5 Task Cost: $1,975,805.78
Task Title:Construction
Task Description:
The RECIPIENT must 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 complete construction of the project in accordance with ECOLOGY-accepted plans and
specifications. The construction project will include installation of four BioPods to mitigate runoff from approximately
17.56 acres of pollution-generating impervious surfaces.
B. 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.
Task Goal Statement:
Construction of the project in accordance with ECOLOGY-accepted plans and specifications.
Task Expected Outcome:
Constructed project will provide water quality benefits including reductions in total suspended solids, dissolved
copper, dissolved zinc, and phosphorus.
Template Version 10/30/2015
Docusign Envelope ID: E18500B3-0E02-846B-83FF-FE93DF6DDBE6
Page 8 of 11State of Washington Department of Ecology
BREMERTON CITY OF - PUBLIC WORKS AND UTILITIES
Kitsap Lake Stormwater Treatment Retrofit Construction Project
Agreement No. WQC-2024-BremPW-00179
Amendment No. 1
Deliverables
Due DateDescriptionNumber
5.1 Signed and dated construction contract.
Upload to EAGL and notify ECOLOGY.
5.2 Stormwater Construction Completion Form.
Upload to EAGL and notify ECOLOGY.
CHANGES TO SCOPE OF WORK
Task Number:6 Task Cost: $0.00
Task Title:Project Close Out
Task Description:
The RECIPIENT must 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 operate and maintain the constructed facility for the design life of the facility. The
RECIPIENT will develop and submit an Operations and Maintenance (O&M) plan for all facilities constructed with
ECOLOGY funding to ECOLOGY for review. The O&M plan must 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 located in the Deliverables Document available on the ECOLOGY website. Allow 15
calendar days for ECOLOGY review.
B. The RECIPIENT will submit a GIS compatible project area as a shapefile, geodatabase file, or ECOLOGY-accepted
equivalent. The project area should include polygon features for stormwater facilities and contributing areas.
C. The RECIPIENT will submit the Recipient Close Out Report (RCOR) in EAGL in accordance with Task 1.
D. The RECIPIENT will submit an Outcomes Summary using the ECOLOGY template.
E. The RECIPIENT will calculate and submit a final equivalent new/re-development area for the completed retrofit
project(s) using the methods outlined in the Stormwater Deliverables Document. Include a table showing the final
equivalent new/re-development area compared to the area provided in the ECOLOGY-accepted Design Report.
Task Goal Statement:
The RECIPIENT will complete all close out submittals in a timely manner.
Task Expected Outcome:
* Timely and complete submittal of O&M plan, equivalent area calculation, GIS, Recipient Closeout Report, and
Outcomes Summary.
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Page 9 of 11State of Washington Department of Ecology
BREMERTON CITY OF - PUBLIC WORKS AND UTILITIES
Kitsap Lake Stormwater Treatment Retrofit Construction Project
Agreement No. WQC-2024-BremPW-00179
Amendment No. 1
* Proper maintenance of the constructed facility to maintain water quality benefits.
Deliverables
Due DateDescriptionNumber
6.1 Facility Operation and Maintenance Plan.
Upload to EAGL and notify ECOLOGY. Upload ECOLOGY
acceptance documentation.
6.2 Project area shapefile, geodatabase file, or ECOLOGY-accepted
equivalent.
Upload to EAGL and notify ECOLOGY. Upload ECOLOGY
acceptance documentation.
6.3 Outcomes Summary. Upload to EAGL and notify ECOLOGY.
6.4 Final, as constructed, equivalent new/redevelopment area
determination.
Upload to EAGL and notify ECOLOGY.
CHANGES TO THE BUDGET
Funding Distribution EG240508
Funding Title:SFAP
Title:SFAP-SFY24
Type:State
100%
Model Toxics Control Capital Account(MTCCA) Stormwater
Funding Source %:
Description:
FDFund:
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 %
15%
No
No
No
Funding Effective Date:
Funding Source:
Funding Expiration Date:07/01/2023 06/30/2026
Funding Type:Grant
Template Version 10/30/2015
Docusign Envelope ID: E18500B3-0E02-846B-83FF-FE93DF6DDBE6
Page 10 of 11State of Washington Department of Ecology
BREMERTON CITY OF - PUBLIC WORKS AND UTILITIES
Kitsap Lake Stormwater Treatment Retrofit Construction Project
Agreement No. WQC-2024-BremPW-00179
Amendment No. 1
SFAP Task Total
Grant and Loan Administration $3,378.38
Cultural and Environmental Review, and Permitting $0.00
Design Plans and Specifications $142,586.12
Construction Management $84,163.05
Construction $1,975,805.78
Project Close Out $0.00
Total: 2,205,933.33$
Funding Distribution Summary
Recipient / Ecology Share
Funding Distribution Name Recipient Match %Recipient Share Ecology Share Total
SFAP 15 %$$$330,890.00 1,875,043.33 2,205,933.33
Total 330,890.00 1,875,043.33 2,205,933.33$$$
Template Version 10/30/2015
Docusign Envelope ID: E18500B3-0E02-846B-83FF-FE93DF6DDBE6
Page 11 of 11State of Washington Department of Ecology
BREMERTON CITY OF - PUBLIC WORKS AND UTILITIES
Kitsap Lake Stormwater Treatment Retrofit Construction Project
Agreement No. WQC-2024-BremPW-00179
Amendment No. 1
Washington State
Department of Ecology
Date Date
Water Quality
Jon Kenning, PhD Greg Wheeler
Chance W Berthiaume
Public Works and Utilities Director Date
BREMERTON CITY OF - PUBLIC WORKS AND
UTILITIES
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 07/31/2026.
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: E18500B3-0E02-846B-83FF-FE93DF6DDBE6
9/9/2026
9/9/2026
9/10/2026