HomeMy WebLinkAbout5043 RESOLUTION NO. 5 0 4 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
ACCEPT A WASHINGTON STATE DEPARTMENT OF
ECOLOGY GRANT FOR THE MAINTENANCE AND
OPERATIONS STORM DRAINAGE IMPROVEMENT
PROJECT
WHEREAS, the City desires to better manage the storm drainage at the City's
Maintenance and Operations facility located at 1305 C Street SW; and
WHEREAS, the property owner of adjacent parcel (701 15`h St SW) located
directly to the west of the City's Maintenance and Operation facility has notified the City
that they are currently performing water quality monitoring to fulfill their National
Pollution Discharge Elimination System (NPDES) Industrial Water Permit and that they
have observed low quality water discharge from the City's Maintenance and Operations
Facility onto their property and have asked the City to reroute stormwater discharge
around their site, and
WHEREAS, the City desires to improve and expand the existing decant facility
located at the City's Maintenance and Operations facility to allow for improved
performance and a larger amount of material to be decanted; and
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Resolution No. 5043
February 11, 2014
Page 1 of 4
WHEREAS, the City applied for and received a grant in the amount of
$999,400.00 from the Washington State Department of Ecology to finance the design
and construction phases of the Maintenance and Operations Storm Drainage
Improvement Project; and
WHEREAS, while the Department of Ecology grant requires a minimum 25%
match from local funding sources, the City plans to exceed this minimum requirement
and has $1,179,641.00 available through the 430 (Water) fund, 431 (Sewer) fund and
432 (Storm Drainage) fund, and
WHEREAS, it is in the best interest of the City to leverage City Utility monies to
obtain a grant in order to finance storm drainage and decant facility improvements at
their Maintenance and Operations facility.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That the Mayor is hereby authorized to accept the Washington State
Department of Ecology grant for $999,400 00 for the Maintenance and Operation Storm
Drainage Improvement project. In addition, the Mayor is hereby authorized to execute a
Funding Agreement between the City and the Washington State Department of Ecology
in substantial conformity with the agreement attached hereto, marked as Exhibit A and
incorporated herein by this reference Also, the Mayor is hereby authorized to execute
----------------------------
Resolution No. 5043
February 11, 2014
Page 2 of 4
any further necessary supplemental agreements for the Project, expending up to the
total amount of the grant of $999,400 00
Section 2. That the Mayor is authorized to implement such other administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 3. That this Resolution shall take effect and be in full force upon
passage and signatures hereon.
ca—L
Dated and Signed this � day o * �• 014.
CITY OF AUBURN
NANCY CKUS
MAYOR
Resolution No. 5043
February 11, 2014
Page 3 of 4
ATTEST.
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM
Daniel B Heid,
City Attorney
Resolution No. 5043
February 11, 2014
Page 4 of 4
DEPARTMENT OF
v tl._f'Ta�Ai"�ic�y��fM�'Y/.in'11[F.',.R'i}iF'%�F:j�=(•
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State of Washington
FY 2012 SUPPLEMENTAL STATEWIDE STORMWATER GRANT PROGRAM
FUNDING AGREEMENT
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
CITY OF AUBURN
GRANT AGREEMENT NUMBER
G1400549
TABLE OF CONTENTS
PARTI. GENERAL INFORMATION.......................................................................................... 1
PARTH. PROJECT SUMMARY.................................................................................................. 3
PARTIII. PROJECT BUDGET.....................................................................................................4
PART IV. PROJECT GOALS AND OUTCOMES .......................................................................4
PARTV. SCOPE OF WORK......................................................................................................... 5
PART VI. SPECIAL TERMS AND CONDITIONS.................................................... ................. 9
PART VII. ALL WRITINGS CONTAINED HEREIN.................................................................. 9
ATTACHMENT I: GENERAL PROJECT MANAGEMENT REQUIREMENTS...................................... 11
A. ARCHEOLOGICAL AND CULTURAL RESOURCES.................... ..........I..... ............................ ... ... ....11
B. EDUCATION AND OUTREACH ......... ................. ..... ...... ... ... ... ... - .... .............. 11
C. EOUIPMENTPURCHASE..................................................................................................................................12
D. FUNDING RECOGNITION............... ... ..................... .................. .................. ... ..................... ..........12
E. INCREASED OVERSIGHT..................................... ... ............I. ............ .I... .................. ... ........12
F. INDIRECT RATE.................. ..........................................................................................................................12
G:- MINORITY AND WOMEN'S BUSINESS PARTICIPATION....................................................1..............I..... ......12
H. PAYMENT REQUEST SUBMIT"PALS.. ... .................... ... ................ ... ................ ........................... .......13
1.' POST PROJECT ASSESSMENT............................................................... .................... ................................14
J. PROCUREMENT...............................................................................................................................................14
K: PROGRESSREPORTS....... ...................... .... .............. ............... ........... ..................... ... ... .......14
L" REOUIRED DOCUMENT SUBMITTALS...................... ... ......................................................................... ........14
M. SPECIAL CONDITION FOR SNOHOMISH COUNTY AND KING COUNTY............................................................15
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N. WATER QUALITY MONITORING ... ..... ............. ... ... ........................... ... ....... ....... ... ... --- 15
ATTACHMENT IL GENERAL TERMS AND CONDITIONS............................................................ 17
1 1
A. RECIPIENT PERFORMANCE.................................................................................. ........... ........ ... ... .......17
B. SUBGRANTEE/CONTRACTOR COMPLIANCE..... ........... ........... ....... ... ... ........... .... .........................17
C.'THIRD PARTY BENEFICIARY.......... ...... .................................................... ..... ...... ......................... .......17
D. CONTRACTING FOR SERVICES(BIDDING)... .................................................. ............. .........................17
E. ASSIGNMENTS.......................................................................................... ..... ...... ... ..................17
F. COMPLIANCE WITH ALL LAWS..... .....I...... ...................... ......... ... ........... ...................17
G. KICKBACKS.. ......... ... ... ... ... ... .... .................................................................... ..................17
H. AUDITS AND INSPECTIONS........ ........................................................... ... ...... ...I......... .......... ... 18
1. PERFORMANCE REPORTING................................................................... .... ...... ...............................18
J. COMPENSATION...... ... ... ... ........... ..-... ........................................................ ..................................18
K. TERMINATION................. ........ ...................................... .......... ...... ... .......... ... ... 19
L. WAIVER ...................................................................... .................. ..... ........................................ ........ ...20
M. PROPERTY RIGHTS.. ... ... ............. ..... ....... ..... ... .... ......... .......... ...................................... ...20
N. SUSTAINABLE PRODUCTS..................... ..... ... ................................. ... ... ... ... .21
0. RECOVERY OF PAYMENTS TO RECIPIENT..................................................... ............ ... .................21
P; PROJECT APPROVAL.......... ... ... .... ....................... .................................... ........ .....I...........21
O. DISPUTES............................ ...... ........................................ ....... ... .. .......21
R. CONFLICT OF INTEREST... ......... ... .................................................... ............................................... ....21
S: INDEMNIFICATION ... ... ... ............ . . .......................................22
TGOVERNTNGLAW......................... .................................... ......... .... ........................................... ..... M
WSEVERABILITY ........ ... ... ... ....... ............................... ....... ............................................. ..........22
V. PRECEDENCE..... ..... .................................. ... ............. ... ......... .... .... ........ .... ...........22
W. FUNDING AVAILABILITY............ ...................................................... ... ... ....................... ......
FY 2012 SUPPLEMENTAL STATEWIDE STORMWATER GRANT PROGRAM
Funding Agreement
Between
THE STATE OF WASHINGTON DEPARTMENT OF ECOOGY
AND
CITY OF AUBURN
THIS is a binding agreement between the state of Washington Department of Ecology
(DEPARTMENT) and the City of Auburn(RECIPIENT). The purpose of this agreement is to
provide funds to the RECIPIENT,who will carry out the requirements described in this
agreement.
PART I. GENERAL INFORDIATION
Project Title: Aubum Maintenance and Operations
Facility
Grant Number: G1400549
State Fiscal Year: FY 2014
Total Project Cost: $1,899,400
Total Eligible Cost: $1,899,400
DEPARTMENT Share: $999,400
RECIPIENT Share: $900,000
DEPARTMENT Maximum Percentage: 75 %
RECIPIENT Information
RECIPIENT Name: City of Auburn
Mailing Address: 25 W.Main Street
Auburn, WA 98001
Fax Number: 253-931-3053
Federal Taxpayer ID Number: 91-6001228
PROJECT Manager- Seth Wickstrom
Email Address: swickstrom(o),auburnwa.gov
Phone Number: 253-804-5034
PROJECT Financial Officer: Consuelo Rogel
Email Address: CRo eg�aubumwa.eov
Phone Number: 253-804-5023
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DEPARTMENT Contact Information
Project Manager: Mclisa Snoeberger
Email Address: Melisa.Snoebereerna,ecy.wa.eov
Phone Number: 425-649-7047
Address:
®Northwest ❑ Central
WA State Department of Ecology WA State Department of Ecology
Northwest Regional Office Central Regional Office
3190 16001 Ave SE 15 West Yakima Ave, Suite 200
Bellevue, WA 98008-5452 Yakima, WA 98902-3452
Fax (425) 649-7098 Fax(509) 575-2809
❑ Southwest ❑ Eastern
WA State Department of Ecology WA State Department of Ecology
Southwest Regional Office Eastern Regional Office
P.O. Box 47775 N. 4601 Monroe
Olympia, WA 98504-7775 Spokane, WA 99205-1295
Fax(360) 407-6305 Fax(509) 329-3570
❑Bellingham ❑ Headquarters
WA State Department of Ecology WA State Department of Ecology
Bellingham Field Office P.O. Box 47600
1440 10th Street, Suite 102 Olympia, WA 98504-7600
Bellingham, WA 98225 Fax(360) 407-6426
Fax(360) 715-5225
Project Engineer: Douglas C. Howie,P.E.
Email Address: douglas.howieQecy.wa.gov
Phone Number: 360-407-6444
Address:
❑ Northwest ®Headquarters
WA State Department of Ecology WA State Department of Ecology
Northwest Regional Office P.O. Box 47600
3190 160"'Ave SE Olympia, WA 98504-7600
Bellevue, WA 98008-5452 Fax (360) 407-6426
Fax (425) 649-7098
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Financial Manager- Jessica Schwing
Email Address: jessica.schwing@ecy.wa.gov
Phone Number- 360-407-6216
Fax Number: 360-407-7151
Address: WA State Department of Ecology
Water Quality Program, FMS
P.O. Box 47600
Olympia, WA 98504-7600
CHECK ALL THAT APPLY:
• FY 2012 Supplemental Statewide Stormwater Grant Funds (state funds): ® Yes
Amount: $ 999,400 , Funded with Local Toxics Control Account—State
• Increased Oversight? ❑ Yes ®No
The effective date of this agreement is the July 1,2013.
This agreement expires: June 30,2015.
Post Project Assessment date—three years after the expiration date of the agreement(see Post
Project Assessment in Attachment I): June 30, 2018
PART U. PROJECT SUMMARY
This project will address water quality for the state of Washington. This project will improve
and expand the City of Auburn's existing decant facility to help support regional stormwater
infrastructure cleaning in Auburn, Algona and Pacific. More frequent cleanings will reduce
stormwater pollution, and improve water quality in Mill Creek, Green River and White River.
This project will also will treat stormwater generated from the City of Auburn's Maintenance
and Operation facility by constructing stormwater facilities including low-impact design
facilities such as cisterns and bio-retention areas.
[Remainder of this page left intentionally blank]
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PART III. PROJECT BUDGET
Auburn Maintenance & Operations Facility
TOTAL ELIGIBLE **TOTAL
TASKS/ELEMENTS PROJECT PROJECT FCOST(TEQ ELIGIBLE
COST COST
1 - Project Administration/Management $20,000 $20,000 $20,000
2 - Design Plans and Specifications $250,000 $250,000 $250,000
3 - Constriction Management $50,000 $50,000 $50,000
4 - Construction $1,579,400 $1,579,400 $1,012,533
5 - Change Orders $0 $0 $0
Total $1,899,400 $1,899,400 $1,332,533
" The DEPARTMENT's Fiscal Office will track to the Total Eligible Cost.
MATCHING REQUIREMENTS
DEPARTMENT Share: maximum 75% of TEC $999,400
RECIPIENT Share: minimum 25%of TEC
Cash Match$900,000 $900,000
Other ty es of in-kind, such as volunteer work are not eligible
PART IV. PROJECT GOALS AND OUTCOMES
A. Financial Assistance Water Quality Project Goals: The overall goals of this project are
focused on the protection of Mill Creek, Green River and White River and include one or
more of the following:
® Stormwater System Retrofit
® Low Impact Development Best Management Practices(BMP)
® Designated beneficial uses will be restored or protected, 303(d)-Listed water bodies
restored to water quality standards, healthy waters prevented from being degraded.
B. Water Quality and Environmental Outcomes: The following are the anticipated water
quality and environmental improvements from the project.
1. Reduce pollutant loading to Mill Creek, Green River and White River by
removing pollutants from the stormwater system by increasing the yearly volume
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of solid disposal from the decant facility from an average of 900 cubic yards to
1,260 cubic yards each year.
2. Reduce pollutant loading to Mill Creek by installing Low Impact Development
- - -(1,=11)) features°and°infiltration=facilities to°treat-runof--generated-brthe°6:2-acre -------- - -
City of Auburn Maintenance and Operation facility.
C.- Performance Items and Deliverables: The following are the anticipated action items that
will play an integral role in implementation of the project.
1. Construct two additional decant bays to increase the capacity of the existing
Decant Facility from 900 cubic yards (the 2012/2013 average)to 1,260 cubic
yards.
2. Install water quality treatment and flow control features to treat stormwater runoff
generated by the Auburn Maintenance and Operation Facility.
PART V. SCOPE OF WORK
Task 1 -Project Administration/Management
A. The RECIPIENT will administer the project. Responsibilities will include,but not be
limited to: maintenance of project records; submittal of requests for reimbursement and
corresponding backup documentation, progress reports and recipient closeout report
(including photos); compliance with applicable procurement, contracting, and interlocal
agreement requirements; application for, receipt of, and compliance with all required
permits, licenses, easements, or property rights necessary for the project; and submittal of
required performance items.
B. The RECIPIENT must manage the project. Efforts will include: conducting,
coordinating, and scheduling project activities and assuring quality control. Every effort
will be made to maintain effective communication with the RECIPIENT's designees;the
DEPARTMENT; all affected local, state, or federal jurisdictions; and any interested
.individuals or groups. The RECIPIENT must carry out this project in accordance with
any completion dates outlined in this agreement.
Required Performance:
1. Administer and manage the project and records.
2. Submit all required requests for reimbursement and corresponding backup
documentation,progress reports,2-page Project Outcomes Summary, recipient
Final Report and performance items,in a timely manner.
Task 2-Design Plans and Specifications
A.' The RECIPIENT will submit to the DEPARTMENT's Project Manager, a copy of the
State Environmental Review Act(SEPA) Lead Agency's signed and dated SEPA
determination.
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B. During the planning and design stage and prior to any ground disturbing activities,the
RECIPIENT will submit to the DEPARTMENT's Project Manager one of the following:
a. If Cultural Resources Review(Executive Order 05-05)is complete, a copy of the
letter of concurrence from the Department of Archaeology and-Historic
Preservation(DAHP) and correspondence from any tribes.
b. If Cultural Resources Review(Executive Order 05-05) is not complete,the
RECIPIENT will submit a DAHP EZ-1 form to the DEPARTMENT's Project
Manager to initiate review of project activities by DAHP and tribal governments.
C. The RECIPIENT will submit two hard copies and one digital copy of the Pre-design
report to the DEPARTMENT for review. At its discretion,the DEPARTMENT may
request 60 percent complete design plans for review. Based on receipt of the Pre-design
report or the 60 percent complete design plans,the DEPARTMENT will provide
comments to the RECIPIENT within 45 days of receipt of the plans. The RECIPIENT
agrees to respond to the DEPARTMENT's comments prior to project construction. The
DEPARTMENT reserves the right to refuse payment for project elements that are
inconsistent with the appropriate design criteria and grant requirements.
D. Prior to advertising for contractor bids,the RECIPIENT will submit two hard copies and
one digital copy of the final plans and specifications to the DEPARTMENT's Project
Manager for review. The DEPARTMENT will provide comments to the RECIPIENT
within 45 days of receipt of the plans. The DEPARTMENT's Project Manager will work
with the DEPARTMENT's engineer to review the plans and specifications for
consistency with the appropriate design criteria and grant requirements. The
RECIPIENT must justify significant deviations from the following:
1. The appropriate guidance manual below depends on the region that your project is
conducted:
Stormwater Management Manual for Western Washington (SWIVIMWW),
orthe httv://www.ecy.wa.gov/programs/M/stonnwater/tech.html orthe
Low Impact Development Technical Guidance Manual for Puget Sound
found at: http://www.psp.wa.gov/downloads/LID/LID manual2005.pdf, or
equivalent design manuals.
2. Equivalent manual as developed by the local jurisdiction and approved by the
DEPARTMENT.
3. Good engineering practices and generally recognized engineering standards.
4. The project prc-design report.
E. The plans, specifications, construction contract documents, and addenda must be
approved by the RECIPIENT prior to submittal to the DEPARTMENT.
F. The RECIPIENT will prepare and submit a projected construction schedule to the
DEPARTMENT.
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G. The RECIPIENT will submit to the DEPARTMENT a current,updated construction cost
estimate and updated project schedule, along with each plans and specifications
submittal.
H. The RECIPIENT will submit all pre-design figL¢es and construction plans to the
DEPARTMENT, reduced to 11" x 17" in size. The RECIPIENT may bind them with the
specifications or related construction contract documents or bound as a separate
document. All reduced drawings must be legible.
Required Performance:
1. Submit a copy of the signed and dated SEPA determination to the
DEPARTMENT.
2. Submit a copy of either: 1) Letter of Concurrence from DAHP; or, 2)the DAHP
EZ-1 form, for DEPARTMENT coordination on compliance with Executive
Order 05-05.
3. Submit a Pre-design report to the DEPARTMENT.
4. Submit final plans and specifications to the DEPARTMENT,which includes the
DEPARTMENT's Bid Specification Clauses inserts found at:
http•Uwww ecv wa eov/proemms/wq/fundine/GrantLeanMemtDocs/Eng/GrentLoanMemtEngRes html
Task 3—Construction Management
A. The RECIPIENT will provide construction oversight and management of the project.
B. The RECIPIENT will submit a detailed construction quality assurance plan to the
DEPARTMENT before the start of construction. This plan must describe how adequate
and competent construction oversight will be performed.
C. The RECIPIENT will submit a construction schedule to the DEPARTMENT within 30
days of the start of construction. The construction schedule will be revised and/or '
updated whenever major changes occur and at a minimum of every three months. The
RECIPIENT will submit the construction schedule to the DEPARTMENT with the
quarterly report. When changes in the construction schedule affect previous cash flow
estimates,revised cash flow projections must also be submitted to the DEPARTMENT.
D. Prior to execution,the RECIPIENT will submit eligible change orders that are a
significant deviation from the DEPARTMENT reviewed plans and specifications in
writing for DEPARTMENT review and approval for payment. All other change orders
must be approved by the DEPARTMENT for technical merit and should be submitted
within 30 days after execution. Change orders are to be signed by the contractor,the
engineer(if appropriate), and the RECIPIENT prior to submittal to the DEPARTMENT
for approval.
E. The RECIPIENT will maintain the constructed facility for the design life of the facility.
Additionally, the RECIPIENT will develop and submit an operations and maintenance
plan for the stormwater treatment and low impact development(LID)features. The
operation and maintenance plan will describe how the RECIPIENT will ensure project
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success consistent with the design manual used. The operation and maintenance plan
must also address long term activities to assure ongoing pollutant removal and flow-
control capability of the project. (See the Stormwater Management Manual for Western
Washington Volume 5, Section 4.6)
F. Upon completion of construction,the RECIPIENT will provide to the DEPARTMENT's
Project Manager 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 the DEPARTMENT's Project
Engineer and shown on the Record Drawings. The Stormwater Construction Completion
form can be found at:
httg://www.ecy.wa.gov/gro¢rams/wq/funding/GrantLoanMemtDoes/Ene/GrantLoanMemtEngRes.htmi
Required Performance:
1. Submit the project construction quality assurance plan to the DEPARTMENT.
2. Submit the construction schedule to the DEPARTMENT.
3. Submit an Operations and Maintenance plan'to the DEPARTMENT.
4. Submit the signed and dated Stormwater Construction Completion Form to the
DEPARTMENT.
Task 4— Construction
A. The RECIPIENT will, in accordance with the DEPARTMENT reviewed plans and
specifications, construct decant facilities, stormwater treatment at the Auburn
Maintenance and Operations Facility.
B. The RECIPIENT will submit to the DEPARTMENT's Project Manager a copy of the
construction contract within 30 days of execution.
Required Performance:
1. Submit a copy of the bid documents (e.g. bid announcement,bid award,bid
tabulations)to the DEPARTMENT.
2. Submit a copy of the construction contract to the DEPARTMENT.
3. Construct decant and stormwater treatment facilities.
Task 5—Change Orders
A. The RECIPIENT will negotiate all change orders to the construction contract necessary
for successful completion of the PROJECT.
B. The RECIPIENT will submit the change orders to the DEPARTMENT for approval.
Required Performance:
1. Submittal of all change orders. Changes to the construction contract must be
approved prior to reimbursement for work performed under this task.
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DEPARTMENT may redistribute the grant budget. The DEPARTMENT or the RECIPIENT
may change their respective staff contacts without the concurrence of either party.
The RECIPIENT acknowledges that they have had the onporhtnity to thoroughly review the
terms of this agreement, the attachments, all incorporated or referenced documents, as well as all
applicable statutes,rules, and guidelines mentioned in this agreement.
IN WITNESS WHEREOF,the parties hereby sign this agreement:
'STATE OF WASHINGTON CITY OF AUBURN
DEPARTMENT OF ECOLOGY
�)"A%a" MAR 2 6 2014
THER R. BARTLETT DATE ANCY A CUS DATE
WA ER QUALITY MAYO
PROGRAM MANAGER
Approved As To Form:
Office of the Attomey General
10
PART VI. SPECIAL TERMS AND CONDITIONS
A. Adjusted Construction Budget. The construction budget, as reflected in the agreement,
will be adjusted once actual construction bids are received.
If the low responsive responsible construction bid(s) exceed the engineer's estimate of
construction costs, the DEPARTMENT may approve, if funding is available and through
formal amendment to this agreement, funding increases for up to ten percent of the
engineer's original estimate.
If the low responsive responsible construction bid(s) come in lower than the engineer's
estimate of construction costs,the DEPARTMENT may reduce the grant amount.
B. Change Orders. If funding is available,the DEPARTMENT may approve,through
formal amendment to this agreements funding for change orders for up to five percent of
the eligible portion of the Pow responsive responsible construction bid(s).
C. Documents for Review. The plans, specifications, construction contract documents, and
addenda must be approved by the RECIPIENT prior to submittal for DEPARTMENT
review.
D. Failure to Commence Work. In the event the RECIPIENT fails to commence work on the
project within four months of the signatory date,the DEPARTMENT reserves the right to
terminate this agreement.
E. Use of Force Account. In the event the RECIPIENT elects to use its own forces to
accomplish eligible project work, the RECIPIENT acknowledges that it has the legal
authority to perform the work and adequate and technically qualified staff to perform the
work w9thout compromising other government functions. The RECIPIENT must track
and report the force account work submitted to the DEPARTMENT for reimbursement.
PART VII. ALL WRITINGS CONTAINED HEREIN
The following contain the entire understanding between the parties, and there are no other
understandings or representations other than as set forth, or incorporated by reference,herein:
• This agreement.
• Attachment I: General Project Management Requirements.
• Attachment II: General Terms and Conditions.
• The effective edition, at the signing of this agreement, of the DEPARTMENT's
"Administrative Requirements for Recipients of Ecology Grants and Loans"(Yellow Book).
• The associated funding guidelines that correspond to the fiscal year in which the project is
funded.
• The applicable statutes and regulations.
No subsequent modifications or amendments of this agreement will be of any force or effect
unless signed by authorized representatives of the RECIPIENT and the DEPARTMENT and
made a part of this agreement,EXCEPT that in response to a request from the RECIPIENT,the
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ATTACIIMENT I: General Project Management Requirements
for the FY 2012 Supplemental Statewide Stormwater Grant Program
Funding Agreement
A. ARCHEOLOGICAL AND CULTURAL RESOURCES
RECIPIENT must comply with all requirements listed in Executive Order 05-05 prior to
implementing any project that involves soil disturbing activity.
RECIPIENT must conduct and submit a cultural resources survey or complete and submit an
EZ-1 Form to the DEPARTMENT's project manager prior to any soil disturbing activities. The
DEPARTMENT will contact the Department of Archaeology and Historic Preservation
(DAHP)and affected tribes regarding the proposed project activities in order to meet Executive
Order 05-05 requirements. Any prior communication between the RECIPIENT,the DAHP,and
the tribes is not sufficient to meet requirements. Any mitigation measures as an outcome of this
process will be requirements of this agreement.
Any soil disturbing activities that occur prior to the completion of the Executive Order 05-
05 process will not be eligible for reimbursement.Activities associated with cultural resources
review are grant eligible and reimbursable.
The Department of Archaeology and Historic Preservation has provided guidance that can be
accessed online at:
hU://www.d6p.wa.gov/pages/Documents/EnvironinentalRoview.htm and
http://www.dqli wa eov/naaes/EnviromnentalReview/documents/eo0505Guidance OOO.ndf.
B. EDUCATION AND OUTREACH
RECIPIENT must do a regional search for existing materials before producing any new
educational flyers or pamphlets. The RECIPIENT must request the use of those materials
before time and resources are invested to duplicate materials that are already available.
RECIPIENT must also check the Washington Waters website
http://ww,w.ecy.wa.gov/washington waters/index.html for useful educational materials.
These materials are available for public use and can be downloaded directly from the
website.
RECIPIENT must provide the DEPARTMENT up to two copies and an electronic copy on a
CD-ROM of any tangible educational products developed under this grant, such as
brochures,manuals,pamphlets, videos, audio tapes, CDs, curriculum,posters, and media
announcements or gadgets, such as a refrigerator magnet with a message. If this is not
practical, the RECIPIENT must provide a complete description including drawings,
photographs, or printouts of the product.
RECIPIENT must also supply the DEPARTMENT with the names and contact information
of local project leads.
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If there are a significant number of people in the community that speak languages other than
English, then the RECIPIENT must produce all public outreach materials,pamphlets, fliers,
meeting notices,reports, and other educational materials in English and in the other prevalent
language.
C. EQUIPMENT PURCHASE
RECIPIENT must get written,prior approval from the DEPARTMENT for any equipment
purchase.
D. FUNDING RECOGNITION
RECIPIENT must inform the public about DEPARTMENT finding participation in this
project through the use of project signs, acknowledgement in published materials,reports, the
news media, or other public announcements. Projects addressing site-specific locations must
utilize appropriately sized and weather-resistant signs. Sign logos are available from the
DEPARTMENT upon request.
E. INCREASED OVERSIGHT
If this project is selected for increased oversight,the RECIPIENT must submit all backup
documentation with each payment request submittal. In addition, the DEPARTMENT's
Project Manager must establish a schedule for additional site visits to provide technical
assistance to the RECIPIENT and verify progress or payment information.
F. INDIRECT RATE
To acknowledge overhead costs,the RECIPIENT may charge an indirect rate of up to 25
percent based on employees' direct salary and benefit costs incurred while conducting
project-related work. The DEPARTMENT's Financial Manager may require a list of items
included in the indirect rate at any time.
G. MINORITY AND WOMEN'S BUSINESS PARTICIPATION
RECIPIENT agrees to solicit and recruit,to the extent possible, certified minority-owned
(MBE) and women-owned (WBE) businesses in purchases and contracts initiated after the
effective date of this agreement.
Contract awards or rejections cannot be made based on MBE or WBE participation.
MIWBE participation is encouraged,however, and the RECIPIENT and all prospective
bidders or persons submitting qualifications should take the following steps,when possible,
in any procurement initiated after the effective date of this agreement:
a) Include qualified minority and women's businesses on solicitation lists.
b) Assure that qualified minority and women's businesses are solicited whenever they are
potential sources of services or supplies.
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c) Divide the total requirements,when economically feasible, into smaller tasks or
quantities, to permit maximum participation by qualified minority and women's
businesses.
d)_ Establish delivery schedules, where work requ cements pemrit which will encourage
participation of qualified minority and women's businesses.
-' - --- --
e) Use the services and assistance of the State Office of Minority and Women's Business
Enterprises (OMWBE) and the Office of Minority Business Enterprises of the U.S.
Department of Commerce, as appropriate.
RECIPIENT must report to the DEPARTMENT at the time of submitting each invoice, on
forms provided by the DEPARTMENT,payments made to qualified firms. Please include
the following information:
a) Name and state OMWBE certification number(if available)of any qualified firm
receiving funds under the invoice, including any sub-and/or sub-subcontractors.
b) The total dollar amount paid to qualified firms under this invoice.
H. PAYMENT REQUEST SUBMITTALS
Payment Request Submittals. The DEPARTMENT's Project/Financial Manager may require
the RECIPIENT to submit regular payment requests to ensure efficient and timely use of
funds.
Payment Schedule. Payments will be made on a cost-reimbursable basis.
Frequency. The RECIPIENT must submit payment requests at least quarterly but no more
often than monthly,unless allowed by the DEPARTMENT's Financial Manager.
Supporting Documentation. The RECIPIENT must submit all payment request vouchers and
supportive documentation to the DEPARTMENT's Financial Manager. Payment request
voucher submittals are based on match requirements found in the budget.
Reporting Eligible Costs. The RECIPIENT must report all eligible costs incurred on the
project, regardless of the source of funding for those costs. This includes costs used as
match. All eligible and ineligible project costs most be separate and identifiable.
Copies of all applicable forms must be included with an original Al 9-IA, and must be
submitted to the DEPARTMENT. Blank forms are found in Administrative Requirements
for Recipients of Ecology Grants and Loans at http://www.ecy.wa.govlbiblio/911 S.htm1.
Required Forms: Where Eligible Costs Have Incurred:
Form A19-IA(original signature) Form E(ECY 060-12)
Form B2(ECY 060-7) Form F(ECY 060-13)
Form C2(ECY 060-9) Form G(ECY 060-14)
Form D(ECY 060-11) Form H(F-21)
Form I(ECY 060-15)
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I. POST PROJECT ASSESSMENT
RECIPIENT agrees to submit 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
three years after project completion.
DEPARTMENT's Water Quality Program Performance Measures Lead will contact the
RECIPIENT before the Post Project Assessment date to request this data.
DEPARTMENT may also conduct site interviews and inspections, and may otherwise
evaluate the Project, as part of this assessment.
J. PROCUREMENT
RECIPIENT certifies by signing this agreement that all applicable requirements have been
satisfied in the procurement of any professional services. Eligible and ineligible project costs
are separate and identifiable for billing purposes. If professional services are contracted,the
RECIPIENT will submit a copy of the final contract to the DEPARTMENT's
Project/Financial Manager.
K. PROGRESS REPORTS
RECIPIENT must submit quarterly progress reports to the DEPARTMENT's Financial
Manager and Project Manager. Payment requests will not be processed without a progress
report.
Report Content. At a minimum, all progress reports must contain a comparison of actual
accomplishments to the objectives established for the period,the reasons for delay if
established objectives were not met, analysis and explanation of any cost overruns and any
additional pertinent information specified in this agreement. The RECIPIENT must also
attach all landowner agreements signed during the respective quarter to each progress report.
Reporting Periods. Quarterly progress reports are due 15 days following the end of the quarter:
• January 1 through March 31
• April 1 through June 30
• July 1 through September 30
• October 1 through December 31
L. REQUIRED DOCUMENT SUBMITTALS
RECIPIENT must submit the following documents to the DEPARTMENT as requested by
the DEPARTMENT's Project Manager or Financial Manager:
• Draft project completion report— 1 copy.
• Electronic copy of final project completion report— 1 copy.
• Final project completion report— 1 copy.
• Educational products developed under this agreement—up to 2 copies.
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• Documents that require DEPARTMENT Approval-2 copies(one for the
DEPARTMENT and one for the RECIPIENT).
• Interlocal agreements- I copy for the DEPARTMENT's Project/Financial Manager.
- - - - Professional services procurement'agreements_t copyto tha°DEPARTIvIENT's
s
Project/Financial Manager.
M.SPECIAL CONDITION FOR SNOHOIVHSH COUNTY AND KING COUNTY
For either Snohomish County or King County: When this agreement crosses the
RECIPIENT's fiscal year,the obligation of the RECIPIENT to continue or complete the
project described herein will be contingent upon appropriation of funds by the RECIPIENT's
governing body; provided that nothing contained herein will preclude the DEPARTMENT
from demanding repayment of finds paid to the RECIPIENT in accordance with Section O
of the appended General Terms and Conditions.
N. WATER QUALITY MONITORING
Quality Assurance Project Plan (OAPP). Prior to initiating water quality monitoring
activities,the RECIPIENT must prepare a Quality Assurance Project Plan (QAPP). The
QAPP must follow Ecology's Guidelines and Specifzcatidns for Preparing Quality Assurance
Project Plans for Environmental Studies, February 2001 (Ecology Publication No. 01-03-
003). The applicant may also reference the Rchnical Guidance for Assessing the Quality of
Aquatic Environments, revised February 1994(Ecology Publication No. 91-78)or more
current revision, in developing the QAPP.
RECIPIENT must submit the QAPP to the DEPARTMENT's project manager for review,
comment, and must be approved before starting the environmental monitoring activities.
RECIPIENT must use an environmental laboratory accredited by the DEPARTMENT to
analyze water samples for all parameters to be analyzed that require bench testing.
Information on currently accredited laboratories and the accreditation process is provided on
the Department of Ecology's Environmental Assessment Program's website, available at:
http://www.ecy.wa.gov/programs/eap/labs/search.html
RECIPIENT should manage all monitoring data collected or acquired under this agreement
in order to be available to secondary users and meet the "ten-year rule." The ten-year rule
means that data documentation is sufficient to allow an individual not directly familiar with
the specific monitoring effort to understand the purpose of the data set, methods used,results
obtained, and quality assurance measures taken ten years after data are collected.
Monitoring Data Submittal/Environmental Information Management System. Funding
recipients that collect water quality monitoring data must submit all data to the
DEPARTMENT through the Environmental Information Management System(EIM). Data
must be submitted by following instructions on the EIM website, currently available at:
htti)://www.ecy.wa.gov/ei m
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The data submittal portion of the EIM website provides information and help on formats and
requirements for submitting tabular data. Specific questions about data submittal can be
directed to the EIM Data Coordinator, currently available at:
eim data coordinator@ecy.wa.gov
If GIS data is collected, the DEPARTMENT's data standards are encouraged. An Ecology
Focus Sheet entitled GIS Data and Ecology Grants(Publication No. 98-1812-SEA) outlines
the standards. Common standards must be used for infrastructure details, such as geographic
names, Geographic Information System (GIS) coverage, list of methods, and reference
tables.
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ATTACHMENT II: General Terms And Conditions
Pertaining To Grant And Loan Agreements Of The Department Of Ecology
A. RECIPIENT PERFORMANCE
All activities for which grant/loan funds are to be used shall be accomplished by the RECIPIENT and
RECIPIENT's employees. The RECIPIENT shall only use contractor/consultant assistance if that has
been included in the agreement's final scope of work and budget.
B. SUBGRANTEE/CONTRACTORCOMPLIANCE
The RECIPIENT must ensure that all subgrantees and contractors comply with the terms and conditions
of this agreement.
C. THIRD PARTY BENEFICIARY
The 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.
D. CONTRACTING FOR SERVICES(BIDDING)
Contracts for construction,purchase of equipment and professional architectural and engineering services
shall be awarded through a competitive process, if required by State law. RECIPIENT shall retain copies
of all bids received and contracts awarded, for inspection and use by the DEPARTMENT.
E.•ASSIGNMENTS
No right or claim of the RECIPIENT arising under this agreement shall be transferred or assigned by the
RECIPIENT.
F. COMPLIANCE WITH ALL LAWS
1': The RECIPIENT shall comply fully with all applicable Federal, State and local laws, orders,
i regulations and permits.
Prior to commencement of any construction, the RECIPIENT shall secure the necessary approvals
and permits required by authorities having jurisdiction over the project, provide assurance to the
DEPARTMENT that all approvals and permits have been secured, and make copies available to the
DEPARTMENT upon request.
2. Discrimination.The DEPARTMENT and the RECIPIENT agree to be bound by all Federal and State
laws,regulations,and policies against discrimination.The RECIPIENT further agrees to affutnatively
support the program of the Office of Minority and Women's Business Enterprises to the maximum
extent possible. If the agreement is federally-funded, the RECIPIENT shall report to the
DEPARTMENT the percent of grant/loan funds available to women or minority owned businesses.
3. Wages and Job Safety. The RECIPIENT agrees to comply with all applicable laws, regulations, and
policies of the United States and the State of Washington which affect wages and job safety.
4: Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state industrial
insurance requirements. If the RECIPIENT fails to comply with such laws,the DEPARTMENT shall
have the right to immediately terminate this agreement for cause as provided in Section K.1, herein.
G. KICKBACKS
The RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved
in this project to give up any part of the compensation to which he/she is otherwise entitled or, receive
any fee, commission or gift in return for award of a subcontract hereunder
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H. AUDITS AND INSPECTIONS
1. The RECIPIENT shall maintain complete program and financial records relating to this agreement.
Such records shall clearly indicate total receipts and expenditures by fund source and task or object.
All grant/loan records shall be kept in a manner which provides an audit trail for all expenditures-All
records shall be kept in a common file to facilitate audits and inspections.
Engineering documentation and field inspection reports of all construction work accomplished under
this agreement shall be maintained by the RECIPIENT.
2. All grant/loan records shall be open for audit or inspection by the DEPARTMENT or by any duly
authorized audit representative of the State of Washington for a period of at least three years after the
final grant payment/loan repayment or any dispute resolution hereunder. If any such audits identify
discrepancies in the financial records, the RECIPIENT shall provide clarification and/or make
adjustments accordingly.
3. All work performed under this agreement and any equipment purchased, shall be made available to
the DEPARTMENT 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 years following grant/loan termination
or dispute resolution hereunder.
4.• RECIPIENT shall meet the provisions in OMB Circular A-133 (Audits of States,Local Governments
& Non Profit Organizations), including the compliance Supplement to OMB Circular A-133, if the
RECIPIENT expends $500,000 or more in a year in Federal funds. The $500,000 threshold for each
year is a cumulative total of all federal funding from all sources. The RECIPIENT must forward a
copy of the audit along with the RECIPIENT'S response and the final corrective action plan to the
DEPARTMENT within ninety(90) days of the date of the audit report.
I. P ERFORMANCE REPORTING
The RECIPIENT shall submit progress reports to the DEPARTMENT with each payment request or such
other schedule as set forth in the Special Conditions. The RECIPIENT shall also report in writing to the
DEPARTMENT any problems, delays or adverse conditions which will materially affect their ability to
meet project objectives or time schedules. This disclosure shall be accompanied by a statement of the
action taken or proposed and any assistance needed from the DEPARTMENT to resolve the situation.
Payments may be withheld if required progress reports are not submitted.
Quarterly reports shall cover the periods January 1 through March 31, April 1 through June 30, July 1
through September 30, and October 1 through December 31. Reports shall be due within thirty(30) days
following the end of the quarter being reported.
J.'COMPENSATION
1. Method of compensation. Payment shall normally be made on a reimbursable basis as specified in the
grant agreement and no more often than once per month. Each request for payment will be submitted
by the RECIPIENT on State voucher request forms provided by the DEPARTMENT along with
documentation of the expenses. Payments shall be made for each task/phase of the project, or portion
thereof, as set out in the Scope of Work when completed by the RECIPIENT and approved as
satisfactory by the Project Officer.
The payment request form and supportive documents must itemize all allowable costs by major
elements as described in the Scope of Work. Instructions for submitting the payment requests are
found in "Administrative Requirements for Recipients of Ecology Grants and Loans", Part IV,
published by the DEPARTMENT A copy of this document shall be furnished to the RECIPIENT.
When payment requests are approved by the DEPARTMENT,payments will be made to the mutually
agreed upon designee. Payment requests shall be submitted to the DEPARTMENT and directed to
the Project Officer assigned to administer this agreement.
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2. Period of Compensation. Payments shall only be made for actions of the RECIPIENT pursuant to the
grant/loan agreement and performed after the effective date and prior to the expiration date of this
agreement,unless those dates are specifically modified in writing as provided herein.
______3,_.Einal Requests) for Payment__The RECIPIENT should submit final requests for compensation within
forty-five (45) days after the expiration date of this agreement and within fifteen (15) days after the
end of a fiscal biennium.Failure to comply may result in delayed reimbursement.
4'. Performance Guarantee. The DEPARTMENT may withhold an amount not to exceed ten percent
(10%) of each reimbursement payment as security for the RECIPIENT's performance. Monies
withheld by the DEPARTMENT may be paid to the RECIPIENT when the project(s) described
herein, or a portion thereof, have been completed if, in the DEPARTMENT's sole discretion, such
payment is reasonable and approved according to this agreement and,as appropriate, upon completion
of an audit as specified under section J.S.herein.
5. Unauthorized Expenditures. All payments to the RECIPIENT may be subject to final audit by the
DEPARTMENT and any unauthorized expenditures) charged to this grant/loan shall be refunded to
the DEPARTMENT by the RECIPIENT.
6. Mileage and Per Diem. If mileage and per diem are paid to the employees of the RECIPIENT or other
public entities, it shall not exceed the amount allowed under state law for state employees. 1 1,
7, Overhead Costs. No reimbursement for overhead costs shall be allowed unless provided for in the
Scope of Work hereunder
K. TERMINATION
1. For Cause. The obligation of the DEPARTMENT 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 the DEPARTMENT, to perform any obligation
required of it by this agreement,the DEPARTMENT may refuse to pay any further funds there under
and/or terminate this agreement by giving written notice of termination.
A written notice of termination shall be given at least five working days prior to the effective date of
termination. In that event, all finished or unfinished documents, data studies, surveys, drawings,
maps, models, photographs, and reports or other materials prepared by the RECIPIENT under this
agreement, at the option of the DEPARTMENT, shall become DEPARTMENT property and the
RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work
completed on such documents and other materials.
Despite the above, the RECIPIENT shall not be relieved of any liability to the DEPARTMENT for
damages sustained by the DEPARTMENT and/or the State of Washington because of any breach of
agreement by the RECIPIENT. The DEPARTMENT may withhold payments for the purpose of
setoff until such time as the exact amount of damages due the DEPARTMENT from the RECIPIENT
is determined.
2. Insufficient Funds. The obligation of the DEPARTMENT to make payments is contingent on the
availability of state and federal funds through legislative appropriation and state allotment. When this
agreement crosses over state fiscal years the obligation of the DEPARTMENT is contingent upon the
appropriation of funds during the next fiscal year. The failure to appropriate or allot such funds shall
be good cause to terminate this agreement as provided in paragraph K.1 above.
When this agreement crosses the RECIPIENT's fiscal year, the obligation of the RECIPIENT to
continue or complete the project described herein shall be contingent upon appropriation of funds by
the RECIPIENT's governing body; provided, however, that nothing contained herein shall preclude
the DEPARTMENT from demanding repayment of ALL funds paid to the RECIPIENT in accordance
with Section O herein.
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3. Failure to Commence Work. In the event the RECIPIENT fails to commence work on the project
funded herein within four months after the effective date of this agreement, or by any date agreed
upon in writing for commencement of work, the DEPARTMENT reserves the right to terminate this
agreement.
L. WAIVER
Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a breach of any
provision of this agreement is not a waiver of any subsequent 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 the DEPARTMENT
M. PROPERTY RIGHTS
1. Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any
patentable property, the RECIPIENT may copyright or patent the same but the DEPARTMENT
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. Where federal funding is involved, the federal government may have a
proprietary interest in patent rights to any inventions that are developed by the RECIPIENT as
provided in 35 U.S.C. 200-212.
2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish
information of the DEPARTMENT; present papers, lectures, or seminars involving information
supplied by the DEPARTMENT; use logos, reports, maps or other data, in printed reports, signs,
brochures,pamphlets,etc., appropriate credit shall be given to the DEPARTMENT.
3. Tangible Property Rights. The DEPARTMENTs current edition of"Administrative Requirements for
Recipients of Ecology Grants and Loans", Part V, shall control the use and disposition of all real and
personal property purchased wholly or in part with funds furnished by the DEPARTMENT in the
absence of state, federal statute(s), regulation(s), or policy(s) to the contrary or upon specific
instructions with respect thereto in the Scope of Work.
4.' Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT provides personal
property directly to the RECIPIENT for use in performance of the project, it shall be returned to the
DEPARTMENT prior to final payment by the DEPARTMENT. If said property is lost, stolen or,
damaged while in the RECIPIENT's possession, the DEPARTMENT shall be reimbursed in cash or
by setoff by the RECIPIENT for the fair market value of such property.
5. Acquisition Projects. The following provisions shall apply if the project covered by this agreement
includes funds for the acquisition of land or facilities:
a. Prior to disbursement of funds provided for in this agreement,the RECIPIENT shall establish that
the cost of land/or facilities is fair and reasonable.
b. The 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 contemplated by
this agreement.
6. Conversions. Regardless of the contract termination date shown on the cover sheet, the RECIPIENT
shall not at any time convert any equipment, property or facility acquired or developed pursuant to
this agreement to uses other than those for which assistance was originally approved without prior
written approval of the DEPARTMENT. Such approval may be conditioned upon payment to the
DEPARTMENT of that portion of the proceeds of the sale, lease or other conversion or encumbrance
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which monies granted pursuant to this agreement bear to the total acquisition, purchase or
construction costs of such property.
N. SUSTAINABLE PRODUCTS
-- "----In-order t-d sustain Washington's natural=resources'and-ecosystems;the`RECIPIENT-is=encouraged-to ----
implement sustainable practices where and when possible. These practices include use of clean energy,
and purchase and use of sustainably produced products (e.g., recycled paper). For more information, see
liqp://www.ecy.wa.gov/sustaitiability/.
O. RECOVERY OF PAYMENTS TO RECIPIENT
The right of the RECIPIENT to retain monies paid to it as reimbursement payments is contingent upon
satisfactory performance of this agreement including the satisfactory completion of the project described
in the Scope of Work. In the event the RECIPIENT fails, for any reason, to perform obligations required
of it by this agreement, the RECIPIENT may, at the DEPARTMENT's sole discretion, be required to
repay to the DEPARTMENT all grant/loan funds disbursed to the RECIPIENT for those parts of the
project that are rendered worthless in the opinion of the DEPARTMENT by such failure to perform.
Interest shall accrue at the rate of twelve percent (12%) per year from the time the DEPARTMENT
demands repayment of funds. If payments have been discontinued by the DEPARTMENT due to
insufficient funds as in Section K.2 above,the RECIPIENT shall not be obligated to repay monies which
had been paid to the RECIPIENT prior to such termination. Any property acquired under this agreement,
at the option of the DEPARTMENT, may become the DEPARTMENT'S property and the RECIPIENT'S
liability to repay monies shall be reduced by an amount reflecting the fair value of such property.
PPPROJECT APPROVAL
The extent and character of all work and services to be performed under this agreement by the
RECIPIENT shall be subject to the review and approval of the DEPARTMENT through the Project
Officer or other designated official to whom the RECIPIENT shall report and be responsible.In the event
there is a dispute with regard to the extent and character of the work to be done,the determination of the
Project Officer or other designated official as to the extent and character of the work to be done shall
govern. The RECIPIENT shall have the right to appeal decisions as provided for below.
Q. DISPUTES
Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under
this agreement which is not disposed of in writing shall be decided by the Project Officer or other
designated official who shall provide a written statement of decision to the RECIPIENT. The decision of
the Project Officer or other designated official shall be final and conclusive unless, within thirty days
from the date of receipt of such statement,the RECIPIENT mails or otherwise furnishes to the Director of
the DEPARTMENT a written appeal.
In connection with appeal of any proceeding under this clause,the RECIPIENT shall have the opportunity
to be heard and to offer evidence in support of this appeal.The decision of the Director or duly authorized
representative for the determination of such appeals shall be final and conclusive. Appeals from the
Director's determination shall be brought in the Superior Court of Thurston County. Review of the
decision of the Director will not be sought before either the Pollution Control Hearings Board or the
Shoreline Hearings Board. Pending final decision of dispute hereunder, the RECIPIENT shall proceed
diligently with the performance of this agreement and in accordance with the decision rendered.
R.*CONFLICT OF INTEREST
No officer, member, agent, or employee of either party to this agreement who exercises any function or
responsibility in the review, approval, or carrying out of this agreement, shall participate in any decision
which affects his/her personal interest or the interest of any corporation, partnership or association in
21
which he/she is, directly or indirectly interested; nor shall he/she have any personal or pecuniary interest,
direct or indirect, in this agreement or the proceeds thereof.
S. INDEMNIFICATION
1: The DEPARTMENT shall 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.
2. To the extent that the Constitution and laws of the State of Washington permit, each party shall
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.
T. GOVERNING LAW
This agreement shall be governed by the laws of the State of Washington.
U:.SE VERABILITY
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.
V. PRECEDENCE
In the event of inconsistency in this agreement, unless otherwise provided herein, the inconsistency shall
Go resolved by giving precedence in the following order: (a) applicable Federal and State statutes and
regulations; (b) Scope of Work; (c) Special Terms and Conditions; (d) Any terms incorporated herein by
reference including the "Administrative Requirements for Recipients of Ecology Grants and Loans'; and
(e)the General Terms and Conditions.
W. FUNDING AVAILABILITY
The DEPARTMENT'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 completion or expiration date of this agreement,the DEPARTMENT,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.The DEPARTMENT may also elect to suspend performance of the
agreement until the DEPARTMENT determines the funding insufficiency is resolved. The
DEPARTMENT may exercise any of these options with no notification restrictions.
SS-010 Rev. 04/04
Modified 12/13
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