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AG 11-154 RETURN TO: Sh ,_ EXT: 2703 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS/ 5 L.) 2. ORIGINATING STAFF PERSON: r to 444X. 4 EXT: A7-7$ ( 3. DATE REQ.BY: 4. TYPE OF DOCUMENT(CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) -❑�UBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) ❑ ORDINANCE / ❑ RESOLUTION /CONTRACT AMENDMENT(AGO: ii--/S4 ❑ INTERLOCAL ❑ OTHER 5. PROJECT NAME: 5• 3 c=6/54i st.est 1/11-#71-4-(‘ Peli. , ! e. i5. k- t 6. NAME SS OF CONTRACTOR: . ' I , M ' A * _ l•I��TELEPHONE: .:314,0' ul- -1S}t. ADDRESS: A'J, ii ' W ,1� E-MAIL: S-ec1.11 r►Nl(l ion _'`"ec t .W4 ..cp - FAX: 3 ' 401- -71S SIGNATURE NAME: J f e(t t'i'l,.E,I" F,r +4 TITLE: 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE,WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE# BL,EXP. 12/31/ UBI# ,EXP. / / 8. TERM: COMMENCEMENT DATE: COMPLETION DATE: 9. TOTAL COMPENSATION:$ (INCLUDE EXPENSES AND SALES TAX,IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑YES ❑NO IF YES,MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑YES ❑NO IF YES,$ PAID BY: ❑CONTRACTOR ❑CITY ❑ PURCHASING: PLEASE CHARGE To: 10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED foil .0-PROJECT MANAGER `-. (o��, DIVISION MANAGER � �� �O 6EPUTY DIRECTOR �_�iii� I (/ Z,Z I IRECTOR `%I� 111 �y e ! - , :;- . _ ,- _ ,v.. -- ) 11 gii �`lI c„,L/A-WDEPT (. VI / I 11. COUNCIL APPROVAL(IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING Ci3 si 1� hoc. &F/7-- A.SENT TO VENDOR/CONTRACTOR ✓ DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY,INSURANCE CERTIFICATE,LICENSES,EXHIBITS INITIAL/DATE SIGNED ❑ LAW DEPT ❑ CHIEF OF STAFF --- SIGNATO'('(MAYO e-•R DIRECTOR) �r /� "`"'f ❑ CITY CLERK , 1/21 ASSIGNED AG# AG# SIGNED COPY RETURNED DATE SENT: I 'mum- ❑RETURN ONE ORIGINAL COMMENT ' EXEC TE"0"ORIGINALS . 1/15 r z DEPARTMENT OF ECOLOGY State of Washington AMENDMENT NO.1 [FINAL] TO GRANT NO. G1200017 BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF FEDERAL WAY PURPOSE: To amend the Agreement between the state of Washington Department of Ecology, hereinafter referred to as `DEPARTMENT,' and the City of Federal Way, hereinafter referred to as `RECIPIENT,' for the S. 356th Street Regional Detention Facility Retrofit project. IT IS MUTUALLY AGREED the agreement is amended as follows: 1) Is amended to read as follows: The original grant amount is decreased by$113,381.16, from$1,000,000 to$886,618.84. 2) The following language will be added to Attachment II 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. All other terms and conditions of the original Agreement including any Amendments remain in full force and effect,except as expressly provided by this Amendment. This Amendment is signed by persons who represent that they have the authority to execute this Amendment and bind their respective organizations to this Amendment. r` State of Washington Department of Ecology Grant No.G1200017,Amendment 1 [FINAL] City of Federal Way This Amendment is effective upon the signature date of the DEPARTMENT. IN WITNESS WHEREOF: the parties have signed this Amendment. State of Washington City of Federal Way Department of Ecology t I I LIM A$1—1 dit poi t5 Signature Date Signature Date Heather R.Bartlett Jim Ferrell Water Quality Program Manager Mayor Approved as to form only. Assistant Attorney General Page 2 of 2 ' � ExT: RETURN TO: � � � �� � � u � -�-�� �� 1. CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT/DIV: PUBLIC WORKS / J ���1 �'\ ORIGIrtATING STAFF PERSON: �'� 1�'��'Cl/�_�, EXT: �� ° � 3. DATE REQ. BY: TYPE OF DOCUMENT (CHECK ONE�: ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ� ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#�: ❑ INTERLOCAL ❑ OTHER S. PROJECT N YIJ,r 4� (� -. NAME OF CONTRACTOR: (J1, � I�i � 1� ADDRESS: TELEPHONE: E-MaiL: Fax: SIGNATURE NAME: TITLE: 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # BL, EXP. 12/31/ UBI # , EXP. / /_ — 3� — �/ H. TERM: COMMENCEMENTDATE: U!'��/� 1.=��6;���� COMPLETIONDATE: �I �/r7` 9. TOTAL COMPENSATION: $ �INCLUDE EXPENSES AND SALES TAX, IF ANY� �IF CALCULATED ON HOURLY LABOR CHARGE — ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES� REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: lO. DOCUMENT / CONTRACT REVIEW `�! I� � PROJECT MANAGER ❑ DIVISION MANAGER �) t 3 DEPUTY DIRECTOR � �' ��DIRECTOR ❑ RISK MANAGEMENT �IF APPLICABLE� '�� �LAW DEPT 11. COUNCIL APPROVAL (IF APPLICABLE� INITIAL / ATE REVIEWED �/3�1t a �:�. � � �\ �� �� \\ INITIAL / DATE APPROVED � ~�� /,, � COMMITTEE APPROVAL DATE: � COUNCIL APPROVAL DATE: Cl' �—I I__ 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: � DATE REC'D: � C� ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS �� LAW DEPT �)' � � SIGNATORY (MAYOR f�C�'9R� � � � CITY CLERK ASSIGNED AG # SIGNED COPY RETURNED ❑ RETURN ONE ORIGINAL INITIAL / DATE SIGNED AG# - l DATE SENT: �I • Z�I • � � COMMENT EXECUTE � " ORIGINALS 11/9 ���f k DEPARTNIENT OF � z� y, ��� s � ' , �� ,�3 ���' '����� ���i���i i i�� i State of Washington FY2O11 STORMWATER RETROFIT AND LID COMPETITIVE GRANT PROGRAM FUNDING AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF FEDERAL WAY GRANT AGREEMENT NUMBER G1200017 S. 356 STREET REGIONAL DETENTION FACILITY RETROFIT TABLE OF CONTENTS PART L GENERAL INFORMATION .......................................................................................... 1 PART II. PROJECT SUMMARY .................................................................................................. 3 PART III. PROJECT BUDGET ..................................................................................................... 4 PART IV. PROJECT GOALS AND OUTCOMES ....................................................................... 4 PART V. SCOPE OF WORK ......................................................................................................... 5 PART V(a). SPECIAL TERMS AND CONDITIONS .................................................................. 9 PART VI. ALL WRITINGS CONTAINED HEREIN ................................................................. 10 ATTACHMENT L• GENERAL PROJECT MANAGEMENT REQUIREMENTS FOR THE FY 2011 STORMWATER RETROFIT AND LID COMPETITIVE GRANT PROGRAM....... 12 ARCHEOLOGICAL AND CULTURAL RESOURCES ......................................................................................................... 12 CERTIFICATION REGARDING SUSPENSION, DEBARMENT, 1NELIGIBILITY OR VOLUNTARY EXCLUSION ..................... 12 EDUCATION AND OUTREACH ..................................................................................................................................... 13 FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA� REPORTING REQUIREMENTS ............... 13 FUNDING RECOGNITION ............................................................................................................................................ l4 INCREASED OVERSIGHT ............................................................................................................................................ 14 IND[RECT RATE ......................................................................................................................................................... 14 MATCHING REQUIREMENTS ...................................................................................................................................... 14 MINORITY AND WOMEN'S BUSINESS PARTICIPAT[ON ................................................................................................ 15 PAYMENT REQUEST SUBMITTALS ............................................................................................................................. 1 S POST PROJECT ASSESSMENT ..................................................................................................................................... 1 E> PROCUREMENT .......................................................................................................................................................... 16 1 PROGKESSREPORTS .................................................................................................................................................. 16 REQUlRED DOCUMENT SUBMITTALS ......................................................................................................................... 17 WATERQUALITY MONITORING ................................................................................................................................ 17 ATTACHMENT II: GENERAL TERMS AND CONDITIONS PERTAINING TO GRANT AND LOAN AGREEMENTS OF THE DEPARTMENT OF ECOLOGY ................................. 19 A. RECIPIENT PERFORMANCE ...........................................................................................................................19 B. SUBGRANTEE/CONTRACTOR COMPLIANCE .............................................................................................19 C. THIRD PARTY BENEFICIARY ........................................................................................................................19 D. CONTRACTING FOR SERVICES (BIDDING) .................................................................................................19 E. ASSIGNMENTS ..................................................................................................................................................19 F. COMPLIANCE WITH ALL LAWS ....................................................................................................................19 G. KICKBACKS ......................................................................................................................................................20 H. AUDITS AND INSPECTIONS ...........................................................................................................................20 I. PERFORMANCE REPORTING .......................................................................................................................... 20 J. COMPENSATION ...............................................................................................................................................21 K . TERMINATION ..................................................................................................................................................22 L. WAIVER ..............................................................................................................................................................22 M. PROPERTY RIGHTS .........................................................................................................................................22 N. SUSTAINABLE PRODUCTS .............................................................................................................................23 O. RECOVERY OF PAYMENTS TO RECIPIENT .................................................................................................24 P. PROJECT APPROVAL .......................................................................................................................................24 Q. DISPUTES ...........................................................................................................................................................24 R. CONFLICT OF INTEREST .................................................................................................................................25 S. INDEMNIFICATION ..........................................................................................................................................25 T . GOVERNING LAW ............................................................................................................................................25 U . SEVERABILITY .................................................................................................................................................25 V . PRECEDENCE ....................................................................................................................................................25 ii FY2O11 STORMWATER RETROFIT AND LID COMPETITIVE GRANT PROGRAM Funding Agreement Between THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY , AND CITY OF FEDERAL WAY THIS is a binding agreement between the state of Washington Department of Ecology (DEPARTMENT) and City of Federal Way (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 INFORMATION Project Title: S. 356th Street Regional Detention Facility Retrofit Grant Number: State Fiscal Year: Total Project Cost: Total Eligible Cost: DEPARTMENT Share: RECIPIENT Share: DEPARTMENT Maximum Percentage of $1,333,333: RECIPIENT Information RECIPIENT Name: Mailing Address: Fax Number: Federal Taxpayer ID Number: PROJECT Manager: Email Address: Phone Number: PROJECT Financial Officer: Email Address: Phone Number: G1200017 FY 2011 $1,840,613 $1,840,613 $1,000,000 $840,613 75% City of Federal Way 33325 8` Avenue S Federal Way, WA 98003 (253) 835-2709 91-1462550 Fei Tang fei.tang@cityoffederalway.com (253) 835-2751 Fei Tang fei.tang@cityoffederalway.com (253) 835-2751 1 DEPARTMENT Contact Information Project Manager: Email Address: Phone Number: Project Engineer: Email Address: Phone Number: Address: � Northwest WA State Department of Ecology Northwest Regional Office 3190 160 Ave SE Bellevue, WA 98008-5452 Fax (425) 649-7098 ❑ Southwest WA State Department of Ecology Southwest Regional Office P.O. Box 47775 Olympia, WA 98504-7775 Fax (360) 407-6305 ❑ Bellingham WA State Department of Ecology Bellingham Field Office 1440 lOth Street, Suite 102 Bellingham, WA 98225 Fax (360) 715-5225 Financial Manager: Email Address: Phone Number: Fax Number: Address: TBD TBD TBD Bobb Nolan robert.nolan@ecy.wa. gov (425) 649-7197 ❑ Central WA State Department of Ecology Central Regional Office 15 West Yakima Ave, Suite 200 Yakima, WA 98902-3452 F� (509) 575-2809 ❑ Eastern WA State Department of Ecology Eastern Regional Office N. 4601 Monroe Spokane, WA 99205-1295 Fax (509) 329-3570 ❑ Headquarters WA State Department of Ecology P.O. Box 47600 Olympia, WA 98504-7600 Fax (360) 407-6426 Patricia Brommer patricia.brommer@ecy.wa.gov (360) 407-6216 (360) 407-7151 WA State Department of Ecology Water Quality Program, FMS P.O. Box 47600 Olympia, WA 98504-7600 2 CHECK ALL THAT APPLY: • FY 2011 Stormwater Retrofit and LID Funds (state funds): � Yes Amount: $1,000,000 • Prior Authorization Granted: ❑ Yes If yes, Effective Date: � No • Increased Oversight? ❑ Yes � No The effective date of this agreement is the date the agreement is signed by the DEPARTMENT's Water Quality Program Manager. Any work performed prior to the effective date of this AGREEMENT, without written Prior Authorization of the DEPARTMENT, will be at the sole expense and risk of the RECIPIENT. This agreement expires December 31, 2014. Post Project Assessment date — three years after the expiration date of the agreement (see Post Project Assessment in Attachment I): December 31, 2017 PART II. PROJECT SUMMARY This project will address water quality for the state of Washington, with the overall goals focused on the water quality protection of Hylebos Creek. This project expands the S. 356th Street Regional Detention Facility (RDF) to improve water quality and moderate flows being discharged to the wetlands forming the headwaters of the North Fork of West Hylebos Creek. The project will include the following elements: deep water wet pool, flow control, bioretention, spill containment, and extensive native plantings. Remainder of this page left intentionally blank PART III. PROJECT BUDGET S. 356th Street Regional Detention Facility Retrofit TASKS/OBJECTS TOTAL **TOTAL PROJECT ELIGIBLE COST COST (TEC) 1 - Project Administration/Management $62,400 $62,400 2 — Plans and Specifications $197,310 $197,310 3 — Construction Management $40,980 $40,980 4 - Construction $1,485,627 $1,485,627 5 - Monitoring $54,296 $54,296 Total $1,840,613 $1,840,613 ** The DEPARTMENT's Fiscal Office will track to the Total Eligible Cost. MATCHING REQUIREMENTS DEPARTMENT Share: maximum 75% of $1,333,333 TEC $1,000,000 RECIPIENT Share: minimum 25% of TEC Cash $840,613 $840,613 Other types of in-kind, such as volunteer work are not eli i� ble PART IV. PROJECT GOALS AND OUTCOMES A. Financial Assistance Water Qualit ��ject Goals: The overall goals of this project are focused on the protection of Hylebos Creek and include one or more of the following: � Stormwater System Retrofit ❑ Low Impact Development Best Management Practices ❑ 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. Retrofit the S. 356 Regional Detention facility, located at the headwaters of the North Fork of West Hylebos Creek. This facility captures stormwater runoff from approximately 264 acres of highly developed commercial, industrial and retail areas within the City of Federal Way. 2. Provide spill control and containment for 264 acres of highly developed commercial, industrial and retail area which forms the headwaters of the West Hylebos, a stream 0 that provides spawning and rearing habitat for Chum, Silver, and Chinook salmon and Cutthroat trout. 3. Provide improved suspended solids, nutrient, petroleum based hydrocarbons and metals removal and reduce thermal pollution. C. Performance Items and Deliverables: The following are the expected action items that will play an integral role in implementation of the project. 1. Construct a deepwater wet pool that will discharge cool water into the downstream wetland during the summer and provide additional water quality treatment. 2. Construct a bioswale/bioretention facility to remove total suspended solid (TSS) loadings and provide water quality treatment (nutrient/metals removal) for currently untreated flows. 3. Plant and establish extensive native plantings intended to reduce heating of surface waters and provide additional water quality treatment through infiltration into amended soils. PART V. SCOPE OF WORK Task 1 - Proiect Administration/Mana�ement A. The 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 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. C. The RECIPIENT must ensure 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 perform and complete project-related work. Required Performance: 1. Effective administration and management of this grant project. 2. Timely submittal of all required performance items, progress reports, and financial vouchers. 3. Submit at least three hard copies and one electronic copy of the final project report after a draft has been approved by the DEPARTMENT. 4. Write and submit a one to two page summary of project accomplishments and outcomes at project completion, including pictures, to be published in the DEPARTMENT's Annual Water Quality Financial Assistance Report following the DEPARTMENT's water quality stories format. Task 2— Plans and Specifications A. The RECIPIENT will submit to the DEPARTMENT's Project Manager, a copy of the Lead Agency's signed and dated State Environmental Policy Act (SEPA) determination. 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 OS-OS) is complete, a copy of the letter of concurrence from the Department of Archaeology and Historic Preservation (DAHP). b. If Cultural Resources Review (Executive Order OS-OS) is not complete, the RECIPIENT will submit a DAHP EZ-1 form to the DEPARTMENT's Project Manager for coordination with the DAHP on the letter of concurrence. C. The RECIPIENT will submit 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. D. The RECIPIENT will submit 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: The following Guidance Manual depends on the region that your project is conducted: 2 3 Stormwater Management Manual for Western Washington (SWMMWW), or the Stormwater Management Manual for Eastern Washington (SWMMEV�, both can be found at: http://www.ecy.wa. o�v/pro�rams/wq/stormwater/tech.html, or the Low Impact Development Technical Guidance Manual for Puget Sound found at: http://www.psp.wa.�ov/downloads/LID/LID manua12005.pdf, or equivalent design manuals, or Equivalent manual as developed by the local jurisdiction and approved by the DEPARTMENT. Good engineering practices and generally recognized engineering standards. .'� 4. The project pre-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. G. The RECIPIENT will submit to the DEPARTMENT a current, updated construction cost estimate along with each plans and specifications submittal. H. The RECIPIENT will submit all construction plans to the DEPARTMENT, reduced to no larger than 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. L 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 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.) 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 OS-O5. 3. Submit a Pre-design report to the DEPARTMENT. 4. Submit final plans and specifications to the DEPARTMENT. 5. Submit Operations and Maintenance Plan to the DEPARTMENT. Task 3 — Construction Mana�ement 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 befare 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 7 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 far 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. Upon completion of construction, the RECIPIENT will provide to the DEPARTMENT's Project Manager a 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. Required Performance: 1. Submit the project construction quality assurance plan to the DEPARTMENT. 2. Submit the construction schedule to the DEPARTMENT. 3. Submit the signed and dated Declaration of Completion Form to the DEPARTMENT. Task 4 — Construction A. The RECIPIENT will, in accordance of the reviewed plans and specifications, retrofit and expand the S. 356th Street Regional Detention Facility (RDF) to improve water quality and moderate flows being discharged to the wetlands forming the headwaters of the North Fork of West Hylebos Creek. The following elements will be included: deep water wet pool; expanded flow control; bioretention; spill containment and extensive native plantings. 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. Expand the 356th Street Regional Detention facility to provide additional detention capacity. 4. Provide deepwater wetpool storage to facilitate cool water discharge to the receiving wetlands during the summer. 5. Install bioswales/bioretention to treat ditchline stormwater flows. 6. Construct a spill containment and control system to minimize the chance for spills to enter the receiving wetlands. 7. Plant and establish extensive native plantings. : Task 6 — Monitoring A. The RECIPIENT will submit a Quality Assurance Project Plan (QAPP) for the monitoring strategy to the DEPARTMENT for approval before initiation of monitoring. B. The RECIPIENT will review existing water quality/flow data and benthic invertebrate data for quality and usability. The RECIPIENT will modify means and methodology of data collection as needed to ensure data quality. C. The RECIPIENT will collect data through all phases of the project as well as for a period of four years following the completion of the project. D. The RECIPIENT will select two to three suitable sites for streambed cross-section surveys. At each site, the RECIPIENT will drive a steel fence post into the ground such that the top of the post is approximately 4.5 feet above the ground. This post will serve as the landmark of the survey location, as well as the permanent platform for positioning a camera for the purpose of taking periodic photos of the stream channel. The RECIPIENT will survey the channel cross-section at each site using a rod and a hand- held bubble-level. E. The RECIPIENT will analyze all data collected prior to construction of the project to establish baseline conditions. F. The RECIPIENT will analyze data collected following construction to quantify the effectiveness of the project at addressing the intended issues. The RECIPIENT will conduct analyses annually for a period of four years following the completion of the project. G. The RECIPIENT will review the monitoring results and prepare an integrated Annual Summary for Ecology's review. Required Performance: 1. Submit a QAPP to the DEPARTMENT's Project Manager for DEPARTMENT approval, prior to water quality monitoring. 2. Perform water quality monitoring following the procedures that are outlined in the approved QAPP. 3. Provide a final report to the DEPARTMENT's Project Manager that discusses the baseline conditions and an analysis of post-construction monitoring data. PART V(a). 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 E 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 agreement, funding for change orders for up to five percent of the eligible portion of the low 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 tnis 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 wark without compromising other government functions. The RECIPIENT must track and report the farce account work submitted to the DEPARTMENT for reimbursement. PART VL 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 FY 2011 Stormwater Retrofit and LID Competitive Grant Program. • Attachment IL• General Terms and Conditions. • The effective edition, at the signing of this agreement, of the DEPARTMENT's "Administrative Requirements for Ecology Grants and Loans". • 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 DEPARTMENT may redistribute the grant budget. The DEPARTMENT or the RECIPIENT may change their respective staff contacts without the concurrence of either party. 10 The RECIPIENT acknowledges that they have had the opportunity to �horoughly 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 DEPARTMENT OF ECOLOGY �: � , oy •� � 1`�Z-��r ��� KELLY SUSEWIN , ; �.E., P.G. `� DATE WATER QUALITY OGRAM MANAGER CITY OF FEDERAL WAY r � 7��'I� SKIP PRIES DATE MAYOR 11 ATTACHMENT L• GENERAL PROJECT MANAGEMENT REQUIREMENTS FOR THE FY 2011 STORMWATER RETROFIT AND LID COMPETITIVE GRANT PROGRAM ARCHEOLOGICAL AND CULTURAL RESOURCES The RECIPIENT must comply with all requirements listed in Executive Order OS-OS prior to implementing any project that involves disturbing soil. Compliance includes coordinating with the Department of Historic and Archeological Preservation and affected tribes. Executive Order OS-OS is found at: htt�://www.dahp.wa.�pages/EnvironmentalReview/documents/E005 OS.pdf The Department of Historic and Archeological Preservation has provided guidance to initiate the 0505 process that can be accessed online at: http://www.dahp.wa. o�v/pa�es/Documents/EnvironmentalReview.htm and htt�://www.dahp.wa.gov/pages/EnvironmentalReview/documents/eo0505Guidance OOO.pdf. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements contained in the certification, they must provide an explanation as to why they cannot. 2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to the Department if at any time the RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 3. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department for assistance in obtaining a copy of those regulations.. 4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. 5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement, that it will include this clause titled "CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION" without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 12 6. Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered transaction complies with certification of suspension and debarment requirements. 7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including suspension and debarment. 8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file, that it, and all lower tier recipients or contractors, are not suspended or debarred, and will make this proof available to the Department upon request. RECIPIENT/CONTRACTOR must run a search in www.epls.�ov and print a copy of completed searches to document proof of compliance. EDUCATION AND OUTREACH Before producing any new materials for the purpose of education and outreach the RECIPIENT must make sure similar materials do not already exist elsewhere. If similar materials exist, the RECIPIENT must request the use of the materials before time and resources are invested to duplicate materials that are already available. The RECIPIENT must provide the DEPARTMENT up to two copies and an electronic copy on CD-ROM of any tangible educational products developed under this grant, such as brochures, manuals, pamphlets, videos, audio tapes, CDs, curriculum, posters, 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 photographs or printouts of the product. The RECIPIENT must also supply the DEPARTMENT with the names and contact information of local project leads. If there are a significant number of people in the community that speak languages other than English, the RECIPIENT must produce all pamphlets, fliers, meeting notices, reports, and other educational and public outreach materials in English and in the other prevalent language. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT �FFATA� REPORTING REQUIREMENTS In order to comply with the FFATA, the recipient must complete the FFATA Data Collection Form and return it to the Department. The Department will report basic agreement information, including the required DL1NS number, for all federally-funded agreements at www.fsrs.gov . This information will be made available to the public at www.usaspendin�gov. Recipients who do not have a DUNS number can find guidance at www.�rants.gov . Please note that Ecology will not pay any invoices until it has received the completed FFATA Data Collection Form. 13 � Any recipient that meets each of the criteria below must also report compensation for its five top executives, using Ecology's Federal Funding Accountability and Transparency Act (FFATA) Data Collection Form. • Receives more than $25,000 in federal funds under this award; and • Receives more than 80 percent of its annual gross revenues from federal funds; and • Receives more than $25,000,000 in annual federal funds See www.fsrs.gov for details of this requirement. If your organization falls into this category, you must report the required information to Ecology. FUNDING RECOGNITION The RECIPIENT must inform the public about DEPARTMENT or the Environmental Protection Agency (EPA) 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. INCREASED OVERSIGHT If this project is selected for increased oversight (as indicated on page 3 of this agreement), 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. 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. � MATCHING REQUIREMENTS Cash Match Requirement. FY 2011 Stormwater Retrofit and LID Competitive grants require cash match only. Interlocal Match Requirement. The RECIPIENT certifies by signing this agreement that all negotiated interlocal agreements are consistent with all of the following: Terms of this grant agreement The edition of "Administrative Requirements for Ecology Grants and Loans" that is effective at the signing of this agreement. Chapter 39.34 RCW Interlocal Cooperation Act 14 MINORITY AND WOMEN'S BUSINESS PARTICIPATION The 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 ar 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. 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 requirements permit, 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. The 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. PAYMENT REQUEST SUBMITTALS Frequency. The RECIPIENT must submit payment requests at least quarterly but no more often than monthly, unless allowed by the DEPARTMENT's Financial Manager. The DEPARTMENT's Financial Manager may require the RECIPIENT to submit regular payment requests to ensure efficient and timely use of funds. 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. Required Forms. Any Match Combination Cash On1Y Match Where Applicable 15 Form A19-lA (original signature) Form A19-lA (original signature) Form E(ECY 060-12) Form B1 (ECY 060-3) Form B2 (ECY 060-7) Form F(ECY 060-13) Form C 1(ECY 060-8) Form C2 (ECY 060-9) Form H(F-21) Form D(ECY 060-11) Form D(ECY 060-11) Form I(ECY 060-15) Reportin�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 must be separate and identifiable. Reimbursements. Payments will be made on a cost-reimbursable basis. POST PROJECT ASSESSMENT The 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. The DEPARTMENT's Water Quality Program Performance Measures Lead will contact the RECIPIENT before the Post Project Assessment date to request this data. The DEPARTMENT may also conduct site interviews and inspections, and may otherwise evaluate the Project, as part of this assessment. PROCUREMENT The RECIPIENT certifies by signing this agreement that all applicable requirements have been satisfied in the procurement of any professional services. PROGRESS REPORTS The 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. Reporting Periods. • January 1 through March 31 • April 1 through June 30 • July 1 through September 30 • October 1 through December 31 Reportin� Due Date. Quarterly progress reports are due 15 days following the end of the quarter. 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. 16 REQUIRED DOCUMENT SUBMITTALS The RECIPIENT must submit the following documents to the DEPARTMENT as requested by the DEPARTMENT's Project Manager or Financial Manager: • Draft project completion reports — up to three copies • Electronic copy of final project completion report — one copy • Final project completion reports — up to eight copies • Final project completion reports of statewide significance — up to 50 copies • Educational products developed under this agreement — up to two copies • Documents that require DEPARTMENT Approval — two copies (one for the DEPARTMENT and one for the RECIPIENT) • Interlocal agreements — one copy for the DEPARTMENT's Financial Manager • Professional services procurement agreements — 1 copy to the DEPARTMENT's Financial Manager Additional Required Document Submittals for the Federal Clean Water Act Section 319 Funded Projects and Centennial projects used by the DEPARTMENT to satisfy its Section 319 matching requirement. Federal Clean Water Act Section 319 Grant Data Reporting Form — 1 copy to DEPARTMENT's Financial Manager during the first quarter following the effective date of the agreement Federal Clean Water Act Section 319 Grant Load Reductions Reporting Form — 1 copy to the DEPARTMENT's Financial Manager by January 15 of each year. 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 the DEPARTMENT'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 forAssessing the Quality ofAquatic Environments, revised February 1994 (Ecology Publication No. 91-78) or more current revision, in developing the QAPP. The RECIPIENT must submit the QAPP to the DEPARTMENT's project manager for review, comment, and must be approved before starting the environmental monitoring activities. The 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's Environmental Assessment Program's website, av�ilable at: http://www.ecy. wa.gov/�ro�rams/eap/lab-accreditation.html 17 The 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 Mana�ement S s�. Funding recipients that collect water quality monitoring data must submit all data to Ecology through the Environmental Information Management System (EIM). Data must be submitted by following instructions on the EIM website, currently available at: http://www. ec y.wa. �ov/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: eim_data coordinator(a�,ecy.wa.� If GIS data is collected, Ecology 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 inethods, and reference tables. LE:j 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/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 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 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. 19 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. HICKBACKS 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 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 90 days of the date of the 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 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, 20 April 1 through June 30, July 1 through September 30, and October 1 through December 31. Reports shall be due within 30 days following the end of the quarter being reported. J. COMPENSATION 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 Ecology Grants �nd 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. 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. � Final Request(s) 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.6. 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 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. 7. Overhead Costs. No reimbursement for overhead costs shall be allowed unless provided for in the Scope of Work hereunder. 21 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 DEPARTIV�ENT, 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. 3. Failure to Commence Wark. 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 wark, 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 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 22 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 DEPARTMENT's current edition of "Administrative Requirements for 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 B-4 DEPARTMENT priar 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 landJor 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 which monies granted pursuant to this agreement bear to the total acquisition, purchase or construction costs of such property. N. SUSTAINABLE PRODUCTS In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is encouraged to implement sustainable practices where and when possible. These practices include 23 use of clean energy, and purchase and use of sustainably produced products (e.g., recycled paper}. For more information, see http://www.ecy.wa.gov/sustainability/. 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 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. P. PROJECT 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. 24 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 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. 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 of inconsistency in this agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable Federal and State statutes and regulations; (b) Scope of Work; (c) Special Terms and Conditions; (d) Any terms incorporated herein by reference including the "Administrative Requirements for Ecology Grants and Loans"; and (e) the General Terms and Conditions. SS-010 Rev. 04/04 25