HomeMy WebLinkAbout14-009 - WA State Department of Ecology - 2013-2015 Stormwater Capacity Grant (NPDES)2013-15 Municipal Stormwater Capacity Grant Program
State Of Washington, Department Of Ecology
14-009
Council Approval 9/3/13
DEPARTMENT OF
ECOLOGY
State of Washington
2013-15 MUNICIPAL STORMWATER CAPACITY G' NT
PROGRAM
FISCAL YEAR 2014
GRANT AGREEMENT
NUMBER G1400305
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
CITY OF TUKWILA
2013-15 Municipal Stormwater Capacity Grant Program
State Of Washington, Department Of Ecology
TABLE OF CONTENTS
PART I. GENERAL INFORMATION 3
PART 11. PERFORMANCE MEASURES 4
PART 111, PROJECT DESCRIPTION 4
PART IV. PROJECT BUDGET 5
PART V. SCOPE OF WORK 6
PART VI. SPECIAL TERMS AND CONDITIONS 10
PART VII. ALL WRITINGS CONTAINED HEREIN 10
ATTACHMENT I: GENERAL PROJECT MANAGEMENT REQUIREMENTS 11
A. ARCHEOLOGICAL AND CULTURAL RESOURCES 11
B. EDUCATION AND OUTREACH 11
C. EQUIPMENT PURCHASE 12
D. FUNDING RECOGNITION 12
E. INCREASED OVERSIGHT 12
F. INDIRECT RATE 12
G. MINORITY AND WOMEN'S BUSINESS PARTICIPATJON 12
H. PAYMENT REQUEST SUBMITTALS 13
1, POST PROJECT ASSESSMENT 14
J. PROCUREMENT 14
K. PROGRESS REPORTS 14
L. REQUIRED DOCUMENT SUBMITTALS 14
M. SPECIAL CONDITION FOR SNOHOMIS• COUNTY AND KING COUNTY 15
N. WATER QUALITY MONITORING 15
ATTACHMENT GENERAL TERMS AND CONDITIONS . ....... ..... ........... ............ ....... ...... 17
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 17
G. KICKBACKS 17
H. AUDITS AND INSPECTIONS 17
I. 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 21
Q. DISPUTES 21
R. CONFLICT OF INTEREST 21
S. INDEMNIFICATION 22
T. GOVERNING LAW 22
U. SEVERABILITY 22
V. PRECEDENCE 22
W. SUSPENSION 22
2013-15 Municipal Stormwater Capacity Grant Program
State Of Washington, Department Of Ecology
2013-15 MUNICIPAL STORMWATER CAPACITY GRANT PROGRAM
Grant Agreement
Between
The State of Washington Department of Ecology
And
City of Tukwila
THIS is a binding agreement entered into, by, and between the state of Washington Department
of Ecology (DEPARTMENT), and the City of Tukwila (RECIPIENT). The purpose of this
agreement is to provide funds to the RECIPIENT to carry out the requirements described herein.
PART L GENERAL INFORMATION
Project Title:
2013-15 Municipal Stormwater Capacity Grant
Program
State Fiscal Year:
FY2014
Grant Number:
G1400305
RECIPIENT Name:
City of Tukwila
Mailing Address:
6300 Southcenter Blvd Ste 100, Tukwila, WA
98188-2544
RECIPIENT Federal ID Number:
91-6001519
Total Eligible Cost:
($50,000 AND $120,000):
$170,000
DEPARTMENT Funding Sources:
ELSA - Operating:
$50,000
ELSA - Capital Budget Provision:
$120,000
DEPARTMENT Share:
$170,000
DEPARTMENT Maximum Percentage:
100%
Effective Date Of This Grant Is:
July 1, 2013
Any work performed prior to the effective date of this
agreement is not eligible for reimbursement.
This Grant Agreement Expires On:
January 31, 2015
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RECIPIENT Contact:
Greg Villanueva
Telephone Number:
206-431-2442
E-Mail Address:
greg.villanueva@tukwilawa.gov
RECIPIENT Billing Contact:
Greg Villanueva
Telephone Number:
206-431-2442
E-Mail Address:
greg.villanueva@tukwilawa.gov
DEPARTMENT Project/Financial Manager:
Layne Slone
Mailing Address
Water Quality Program
Washington State Department of Ecology
P.O. Box 47600
Olympia, WA 98504-7600
Telephone Number:
360-407-6225
Fax Number:
360-407-7151
E-Mail Address:
Layne.Slone@ecy.wa.gov
Designated Local Government Partners
(if applicable):
PART II. PERFORMANCE MEASURES
A. Water Quality Goal
Improved stormwater oversight and water quality protection through the direct
development and implementation of a comprehensive stormwater management program.
B. Project Outcomes
Implementation of Phase I and II municipal stormwater National Pollutant Discharge
Elimination System (NPDES) permits.
PART III. PROJECT DESCRIPTION
RECIPIENT will address implementation or management of municipal ston 'water programs.
Additionally, the RECIPIENT's project will include project specific planning and design for a
retrofit project which includes low-impact development techniques.
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State Of Washington, Department Of Ecology
PART IV. PROJECT BUDGET
Municipal Stormwater Capacity Grants Program, FY2014
Elements/Objects
TOTAL ELIGIBLE
COST (TEC)*
Task 1 — Project Administration/Management (limited to $5,000
ELSA Operating Funds)
$5,000
Task 2 — Implementation And Management Of Stormwater
Program
$45,000
Task 3 — Pre-Construction Planning And Design (limited to
$120,000 ELSA Capital Budget Provisions)
$120,000
Total (limited to $170,000 per RECIPIENT partner)
$170,000
*The DEPARTMENT's Fiscal Office will track to the Total Eligible Project Cost.
MATCHING REQUIREMENTS (There are no matching requirements)
DEPARTMENT Share FY 2014 (100% of TEC)
$170,000
PART V. SCOPE OF WORK
RECIPIENT will ensure that this project is completed according to the details of this agreement.
The RECIPIENT may elect to use its own forces or it may contract for professional services
necessary to perfolin and complete project related work.
Task 1 - Project Administration/Management
A. RECIPIENT will administer the project. Responsibilities will include, but not be limited
to: maintenance of project records; submittal of payment vouchers, fiscal forms, and
progress reports; compliance with applicable procurement, contracting, and interlocal
agreement requirements; application for, receipt of and compliance with all required
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permits, licenses, easements, or property rights necessary for the project; and submittal of
required performance items.
B. RECIPIENT will manage the project. Efforts will include: conducting, coordinating, and
scheduling project activities and assuring quality control. RECIPIENT will maintain
effective communication with the DEPARTMENT, RECIPIENT's designees; all affected
local, state, or federal jurisdictions; and any interested individuals or groups. The
RECIPIENT will carry out this project in accordance with any completion dates outlined
in this agreement.
C. RECIPIENT will submit all invoice voucher submittals and supportive documentation to
the DEPARTMENT's Project/Financial Manager.
D. If work conducted results in a report, the RECIPIENT will submit the following to the
DEPARTMENT's Project/Financial Manager and in the quantities identified:
Draft project completion report — one electronic copy
Final project completion report — one paper copy, one electronic copy
RECIPIENT will submit two copies of any document(s) which requires DEPARTMENT
approval. Once approval is given, one copy will be returned to the RECIPIENT. If the
RECIPIENT needs more than one approved copy, the number of submittals should be
adjusted accordingly.
Task 2 — Implementation of Stormwater Planning and Management Needs
A. If the RECIPIENT is out of compliance with the municipal stormwater National Pollutant
Discharge Elimination System (NPDES) permit, the RECIPIENT must ensure funds are
used to attain compliance where applicable.
B. RECIPIENT may conduct work related to implementation of additional activities
required by the municipal stormwater NPDES permits. The following is a list of
elements RECIPIENT's project may include.
1) Public education and outreach activities, including stewardship activities.
2), Public involvement and participation activities.
3) Illicit discharge detection and elimination (IDDE) program activities, including:
a) Mapping or geographic information systems of municipal separate storm sewer
systems (MS4s).
b) Staff training
c) Activities to identify and remove illicit stormwater discharges.
d) Field screening procedures.
e) Complaint hotline database or tracking system improvements.
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4) Activities to support programs to control runoff from new development, redevelopment,
and construction sites, including:
a) Development of an ordinance and associated technical manual or update of
applicable codes.
b) Inspections before, during, and upon completion of construction, or for post-
construction long-term maintenance.
c) Training for plan review and/or inspection staff.
d) Participation in applicable watershed planning effort.
5) Pollution prevention, good housekeeping, and operation and maintenance program
activities, such as:
a) Inspecting and/or maintaining the MS4 infrastructure.
b) Developing and/or implementing policies, procedures, or stormwater pollution
prevention plans at municipal properties or facilities.
6) Annual reporting activities.
7) Establishing and refining stoimwater utilities, including stable rate structures.
8) Water quality monitoring to implement permit requirements for a Water Cleanup Plan
(TMDL). Note that any monitoring funded by this program requires submittal of a
Quality Assurance Project Plan (QAPP) that the DEPARMENT approves prior to
awarding funding for monitoring.
Monitoring, including:
a) Development of applicable QAPPs.
b) Monitoring activities, in accordance with a DEPARTMENT- approved QAPP, to
meet Phase I/II permit requirements.
9) Structural stormwater controls program activities (Phase I permit requirement)
10) Source control for existing development (Phase I permit requirement), including.
a) Inventory and inspection program.
b) Technical assistance and enforcement.
c) Staff training.
11) Equipment purchases that result directly in improved compliance with permit
requirements. Allowed costs for equipment purchases must be specific to implementing a
permit requirement (such as a vactor truck) rather than general use (such as a general use
pick-up truck). Qualified equipment purchases include but are not limited to:
a) Illicit discharge testing equipment and materials.
b) Vactor truck or sweeper truck or MS4 maintenance activities.
c) Electronic devices dedicated to mapping of MS4 facilities and attributes.
d) Software dedicated to tracking permit implementation activities.
Task 3 — Preconstruction Planning and Design
A. Project Summary. RECIPIENT will submit to the DEPARTMENT's Project Manager for
review and acceptance and no later than October 1, 2013, an initial one to two page
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Project Summary. The Project Summary will include a description of the proposed
project identifying: 1) the area where the proposed project is to be installed or constructed
(including maps), 2) the stormwater best management practice(s) to be designed, 3) the
name of the appropriate design manual planned for use in the final design (see item D),
and 4) the water quality issue mitigated by the proposed project. The DEPARTMENT
will provide comments to the RECIPIENT within 14 calendar days of receipt of the
Project Summary. The DEPARTMENT's Project Manager will work with the
DEPARTMENT's engineer to review the Project Summary for consistency with the
appropriate design criteria and grant requirements. Detailed calculations and/or drawings
are not required at this time.
B. Pre-Design Report. RECIPIENT will submit two hard copies and one digital copy of the
Pre-design report to the DEPARTMENT's Project Manager for review and acceptance.
The DEPARTMENT's Project Manager will work with the DEPARTMENT's engineer
to review the Project Summary for consistency with the appropriate design criteria and
grant requirements. Detailed calculations and/or drawings are required in the Pre-design
Report. The DEPARTMENT will provide comments to the RECIPIENT within 45 days
of receipt of the plans.
C. 90 Percent Design Plans. RECIPIENT will submit two hard copies and one digital copy
of the 90 percent design plans to the DEPARTMENT's Project Manager for review and
acceptance. 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.
D. For above items A-C, the RECIPIENT must justify significant deviations from the
following:
1) The appropriate guidance manual below depends on the region that your project is
conducted:
• 2005 or 2012 Stormwater Management Manual for Western Washington
(SWIVIMWW), (the appropriate manual depends on the requirements of the
jurisdiction) or
2004 Stormwater Management Manual for Eastern Washington (SWMMEW),
both can be found at: http://www.ecy.wa.gov/programs/wq/stormwater/tech.htnal, or
• Low Impact Development Technical Guidance Manual for Puget Sound found
at: http://www.psp.wa.gov/downloads/LID/20 I 2 I 221.. LI Dmanual FINAL secure.pdf, or
• Equivalent design manuals, Eastern Washington Low Impact Development
Manual.
2) Equivalent manual as developed by the local jurisdiction and approved by the
DEPARTMENT.
3) Good engineering practices and generally recognized engineering standards.
E. SEPA. If applicable, 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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F. DAHP EZ-1. If applicable, the RECIPIENT will submit to the DEPARTMENT's Project
Manager a Department of Archaeology and Historic Preservation (DAHP) EZ-1 form to
initiate review of project activities by DAHP and tribal governments.
G. RECIPIENT will submit all pre-design figures 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 bind as a separate document.
All reduced drawings must be legible.
H. Summary of Deliverables:
1. Submit a Project Summary including maps, no later than October 1, 2013, for
review and acceptance of the proposed design project.
2. Submit a Pre-design report to the DEPARTMENT, no later than January 31, 2014
for review and acceptance.
3 Submit 90 percent design plans to the DEPARTMENT, no later than August 1,
2014 for review and acceptance.
4. If applicable, submit a copy of the signed and dated SEPA determination to the
DEPARTMENT.
5. If applicable, submit a copy of the DAHP EZ-1 form, for DEPARTMENT
coordination on compliance with Executive Order 05-05.
PART VI. SPECIAL TERMS AND CONDITIONS
None
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 for the Municipal Stormwater
Capacity Grants Program.
O 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."
O The associated funding guidelines that correspond to the fiscal year in which the project
is funded.
• The applicable federal and state 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
DEPARTMENT may redistribute the grant budget. The DEPARTMENT or the RECIPIENT
may change their respective staff contacts without the concurrence of either party.
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2013-15 Municipal Stormwater Capacity Grant Program
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The RECIPIENT acknowledges that they have had the opportunity 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.
The signatories to this Agreement represent that they have the authority to execute this
Agreement.
IN WITNESS WHEREOF, the parties sign this grant agreement:
STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
CITY OF TUK.WILA
DONALD A. SEEBER AGGERT
ACTING MANAGER iW OR
WATER QUALITY PROGRAM
Approved As To Form. Only
Assistant Attorney General
10
DATE
2013-15 Municipal Stormwater Capacity Grant Program
State Of Washington, Department Of Ecology
ATTACHMENT I: General Project Management Requirements
For 2013-15 Municipal Stormwater Capacity Grants 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:
http://www.dahp.wa.gov/pages/Documents/EnvironmentalReview.htm and
http://www.dahp.wa.gov/pages/EnvironmentalReview/documents/eo0505Guidance 000.pdf.
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://www.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 infoiniation
of local project leads.
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2013-15 Municipal Stormwater Capacity Grant Program
State Of Washington, Department Of Ecology
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 funding 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.
M/WBE 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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2013-15 Municipal Stormwater Capacity Grant Program
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c) Divide the total requirements, when econom cally feasible, into smaller tasks or
quantities, tn permit maximum participation by qual fied minority and women's
businesses.
d) Establish delivery schedules, where work requirements permit, which will encourage
participation of qualified mino 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.
Depai tinent of Commerce, as appropriate.
each �
RECIPIENT must zepn�to the 1�EP}\8Llp�EN1 at the time oISuDnnloog 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-subcontractor .
b) The total dollar amount paid to qualified fiuiiis under this invoice.
H. PAYMENT REQUEST
Payment Request Submittals. The 's Project/Financial Manager may require
the RECIPIENT to submit regular payment requests to ensure efficient and timely use of
funds.
Payment Schedule. P will be made on a cost-reimbursable basis.
Frequency. The RECIPIENT must submit p requests at least quarterly but no more
often than monthly, unless allowe by the DEPARTMENT's Financial Manager.
Supporting Documentation. The RECIPIENT must submit alt 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 Eli ible Costs. The RECIPIENT must report alt eligible ible costs incurred on the
project, regardless of the source of funding for those costs. This inctudes costs used as
match. All eligible and ineli ible p ject costs must be separate and identifiable.
Copies of all applicable forms must be included with an ori inalAl9-lA,undrnun1be
submitted to the DEPARTMENT. Blank forms are found in Administrative Requirements
for Recipients of Ecology Grants and Loans at http://www.ecy.wa.gov/biblio/9118.html.
Required Forms:
Where Eligible Costs Have Incurred:
Form Al9-l}\
Form E (ECY 060-12)
Form B2 (ECY 060-7)
Form F (ECY 060-13)
Foi /uC2(BCYO60-4)
Form G (ECY 060-14)
Fozu/l)(BCY060-ll)
Form FI(F'2l)
Form 1(BCY060-l5)
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2013-15 Municipal Stormwater Capacity Grant Program
State Of Washington, Department Of Ecology
1. 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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2013-15 Municipal Stormwater Capacity Grant Program
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• Documents that require DEPARTMENT Approval — 2 copies (one for the
DEPARTMENT and one for the RECIPIENT).
• Inter local agreements — 1 copy for the DEPARTMENT's Project/Financial Manager.
• Professional services procurement agreements — 1 copy to the DEPARTMENT's
Project/Financial Manager.
M. SPECIAL CONDITION FOR SNOHOMISH 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 funds paid to the RECIPIENT in accordance with Section 0
of the appended General Terms and Conditions.
N. WATER QUALITY MONITORING
Quality Assurance Project Plan (QAPP). 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 Specifications for Preparing Quality Assurance
Project Plans for Environmental Studies, February 2001 (Ecology Publication No. 01-03-
003). The applicant may also reference the Technical 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:
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2013-15 Municipal Stormwater Capacity Grant Program
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http ://www.ecy. wa. gov/eim
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:
eirn 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
RECIPLENT'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/CONTRACTOR COMPLIANCE
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,
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 peiiiiits 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 affirmatively
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.
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.
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2013-15 Municipal 8mrmwuterCupucity Grant Program
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All records shall be kept in a manner which provides aoauddtraUfhzullexpendduzco.ydl
records shall be kept in a common file to facilitate audits and i i000.
Engineering docurnentation and field inspection roportnofullc000tructbonp/orkuocompUubudunder
this agreement shall bn maintained hytbeRECD`IENT.
2. AiI grant/loan records shall be open for audit or inspection by the DEPARTMENT or by any duly
authonzed audit representative of the State of Washington for a period of at Ieast 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 andlor 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 ofthis agreernent and for at least three years foliowing 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 cornpliance Supplement to OMB Circolaz/\-I33, if the
RECIPIENT expends $500,000 or more in a year in Federal funds. The $500,000 threshold for each
year is a cumu o1ivc total of all federal funding from all sources. The RECIPIENT must forward a
copy ofthe audit along with the RECIPIENT'S response and the final corrective action plan to the
DEPARTMENT within ninety (90) days of the date ofthe audit report.
I. PERFORMANCE 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 n6iccdv000cb000vcbcdulen. This disclosure shall be accompanied by a statement ofthe
action taken or proposed and any assistance needed from the DEPARTMENT to resolve the situation.
Payments may be withheld if re ired 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 ofthe quarter being reported.
J. COISTPENSATION
1. J\iethod of compensation. Payment shall normally be made on a reirnbursable basis as specified in the
grant agreernent and no rnore often than once per month. Each reques for payrnent will be submitted
by the RECIPIENT on State voucher request forms provided by the DEPARTMENT along with
documentation of the expenses. Payments shall he made for each task/phase o[ the project, oryoztioo
thereof, as set out in the Scope of Work when completed by the RECIPIENT and approved as
satisfactory by the P jeot0f5cer.
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 paym nt requests are approved by the DEPARTMENT, payments will be m dctodbcozn1uuDy
agreed upon designee. Payment requests shall be submitted to the DEPARTMENT and directed to
the Project Officer assigned to administer this agreement.
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 dat s are specifically modified in writing as provided herein.
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2013-15 Municipal Stormwater Capacity Grant Program
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3. Final Request(s) for Payment. The RECIPIENT should subrnit final requests for compensation v/bbio
forty-five (45) days after the expiration date of this agreement and within fifteen (15) days after the
end ofa fiscal biennium. Failure to comply may result in delayed reimbursement.
4. Porfouuanoe Guarantee. The DEPARTMENT may withhold an amount not to exceed ten percent
(lU9Qofeucbn:izubozaeoocotpuymeu1uunccuriLyfocdzef{E[TylENT's performance. Mooieu
withheld by the DEPARTMENT may be paid to the RECIIPJENT 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.5. herein.
5. Unauthorized Expenditures. All payments to the RECIPIENT may be subject to final audit by the
DEPARTMENT and any unauthorized expenditure(s) charged to this grant/loan shall be refunded to
the DEPARTMENT by the RECIP[ENT.
6. Mileage and Per Diem. If mileage and per diem are paid to the employees of the RECIPIIENT or other
public entities, it shall not exceed the amount allowed under state law for state employees.
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 RECIIPIENT is contingent upon satisfactory
performance by the RECIPIIENT of all of its ob!igations under this agreement. Iri the event the
RECIPIENT unjustifiably fbi)u, in the opinion ofthe 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 vvdtb:000doe of termination.
A written notice of termination shall be given u1lcautfivevvorkiogdavxydortotbe 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 RECIIPIENT 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 DEPARTMIENT may withhold payments for the purpose of
setoffuntil such time as the exact amount ofdarnages due the DEPARTMENT from the RECIPIIENT
is determined
2. Insufficient Funds. The obligation of the DEPARTMENT to make payments is contingent on the
availability ofxkatouodfederulb/odo through legislative i i and state aliotment. 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 appro i or aliot 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 pr ject 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 RECIPJENT in accordance
with Section 0 herein.
3. Failure to Commence Work. In the event the RECIPIENT fails to comrnence work on the project
funded herein within four months after the effective date of this agreement, or by any date agreed
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2013-15 Municipa Stormwater Capacity Grant Program
State Of Washington, Department OfEcology
upon in writing fhzooz0000uceoouotofvvork,Lbe 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
rctuioxaroya1ty'free,onuexo|usiveuodinrcvooah|e}iceouetozeyoodoce,puhlio6,recovoror
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 ernployed 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 DEPARTMIENT.
3. Tangible Property Rights. The DEPARTMENT's 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), reg,ulation(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 io performance of the project, itobul)hezcturnudtothe
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 setoffby the RECIP[ENT for the fair rnarket value of such property.
5. Acquisition Projects. The followi provisions shall apply ifthe project ject covered by this agreement
includes funds for the acquisition ofland or facilities:
a. Prior to disbursement of funds provided for in this agreement, the RECIPIENT shall
establish that the cost of landlor facilities is fair and reasonable.
The RECIPIENT shall provide satisfactory evidence oftitle or ability to acquire title for
each parcel prior to disbursement of funds provided by this agreement. Such evidence
may include title insurance policies, Torc0000edificateu`oruhn�uoto, and aUozney'o
op�ionocs�hUoh�gtbatibeluudix�ee�oozaoyi , lien, or claim which
would impair the uses contemplated by this agreement.
6. Conversions. Regardless oftbeoontoaotteroioudoodutcabowmoutbeoovecsbeet,tbo}QEClPlENT
shall not at any time convert any e i facility acquired or developed pursuant to
this agreement to uses other than those for which assistance was originally approved without prior
written approva of the DEPARTMENT. Such approva may be conditioned upon payment to the
DEPARTMENT of that portion ofthe proceeds ofthe sale, lease or other conversion or encumbrance
which monies granted pursuant to this agreement bear to the total acquisition, purchase or
construction costs of such property.
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2013-15 Municipal Stormwater Capacity Grant Program
State Of Washington, Department Of Ecology
N. SUSTAINABLE PRODUCTS
In order to sustain Washi n's natural resources and ecosystems, the RECIPIENT is encouraged to
irnplement sustainable practices where and when possible. These practices include use ofclean energy,
and purchase and use of sustainably produced products (e.g., recycled paper). For more information, see
http://www.ecy.wa.gov/sustainability/.
0. RECOVERY OF PAYNIENTS 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 p joot described
in the Scope ofWork. In the event the RECIPIENT fails, for any reason, to perform obligations re i ed
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 perforrn.
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 RECIIPIENT 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.
P. PROJECT APPROVAL
The extent and character of all work and services to be perfon-ned 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. lin 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 P jeotOfficezorodbrcdeoignubcdotOuialobul|bofioulandoouc}oeivouo]eoy,vvidbiodbirtydavo
from the date of receipt of such statement, the RECIPIENT mails or otherwise furnishes to the Director of
the DEPARTMIENT 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 LNTEREST
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
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.
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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 law of the State of Washington permit, each party shall
iodeoonifyaodbnidtbeotbczbunolemofionzuoda8aizmtuoyUubibtyfbcuoyocuKi juries to persons
or property arising from the negligent act or omission of that party or tha party's agents or employees
arising out f�bi
/n�ou of this agreement.
T. GOVERNING LAW
This agreement shall he governed by the laws ofthe State of Washington.
U. SEVERABILITY
If any provision of this agreement or any provision of any document incorporated by reference shall be
held invalid, such invalidity shall not affect the other provisions of this agreement which can be given
effect without the invalid provision, and to this end the provisions of this agreement are declared to be
severable.
V. PRECEDENCE
In the event ofioc000i in this agreement, unless otherwise provided herein, the inconsistency shall hcrexu|vedbv giving in the foliowing order: (a) applicable Federal and State statutes and
regulations; (b) Scope of Work; (c) Special Terms and Conditions; (d) Any terms incorporated herein hv
reference including the "Administrative Requirements for Reci of Ecology Grants and Loaoa"; '
(e) the General Terms and Conditions.
W. SUSPENSION
The obligation of DEPARTMENT to make payments iucoodo�ootoo the uvuUabUitynffunds. In the
event funding �ozun�te`federal, or other sources im withdrawn, reduced, or limited in any way afier the
effective date and prior to completion or expiration date of this agreement, DEPARTMENT may elect to
renegotiate the agreement subject to new funding limitations and conditions or terminate the agreement,
in whole or part. DEPARTMENT may also elect to suspend performance of the agreement until such
time as DEPARTMENT detennines that the funding insufficiency is resolved in Iieu of terminating the
agreement. DEPARTMENT will provide written notice to RECIPIENT if funding is not available.
SS-010 Rev. 04/04
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