HomeMy WebLinkAbout3.30 Original ContractCENTENNIAL CLEAN WATER FUND
GRANT AGREEMENT
BETWEEN THE
STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
CITY OF PORT ANGELES
THIS is a binding agreement entered into by and between the State of
Washington, Department of Ecology, hereinafter referred to as the "DEPARTMENT"
and the City of Port Angeles, hereinafter referred to as the "RECIPIENT". The
purpose of this agreement is to provide funds to the RECIPIENT to carry out
the activities described herein.
Project Title: Port Angeles Stormwater Management Plan
GRANT Number: G9300308
RECIPIENT Name and Address:
City of Port Angeles
321 East Fifth St., P.O. Box 1150
Port Angeles, Washington 98362
RECIPIENT Authorized Representative and Title: Jim Hallett, Mayor
RECIPIENT Contact and Telephone Number: Tim Smith
(206) 457-0411
DEPARTMENT Address:
Water Quality Financial Assistance Program
P.O. Box 47600
Olympia, Washington 98504-7600
DEPARTMENT Project Officer and Telephone. Number: David Palazzi (206) 459-6068
SCAN 585-6068
The source of funds provided by the DEPARTMENT is: Centennial Clean Water
Fund Program FY 93; Nonpoint Category
Total Project Cost
Total Eligible Project Cost
DEPARTMENT Share
RECIPIENT Share
$ 295,000
$ 295,000
$ 147,500
$ 147,500
DEPARTMENT Maximum Grant Percent: 50 percent
The effective date of this grant agreement shall be the date this agreement is
signed by the DEPARTMENT's Water Quality Financial Assistance Program Manager.
Any work performed prior to the effective date of this agreement without prior
written authorization and specified in Special Terms and Conditions will be at
the sole expense and risk of the RECIPIENT.
This agreement shall expire no later than May 31, 1995.
RECIPIENT NAME: City of Port Angeles
PROJECT TITLE: Port Angeles Stormwater Management Plan
GRANT NUMBER: G9300308
PROJECT DESCRIPTION
The purpose of this project is to establish a long-term management approach to
protect surface and ground water from stormwater related degradation,
coordinate stormwater planning efforts in the adjacent Port Angeles Urban
Watershed in conjunction with Clallam County watershed planning efforts, and
develop a comprehensive stormwater management plan for the City of Port
Angeles.
PROJECT ELEMENTS
TOTAL
Task 1. Port Angeles Stormwater Management Plan Project $ 295,000 *
SUB -TASKS:
1.1 Project Management
$ 29,500
1.2 Assessment and Characterization
$ 97,000
1.3 Hydrologic Analysis
$ 26,000
1.4 Problem Identification and Alternative Anal
$ 22,500
1.5 Stormwater Management Plan
$ 100,000
1.6 Public Information Plan and Stormwater
Management Committee
$ 20,000
Total Eligible Project Cost
$ 295,000
* DEPARTMENT Fiscal Office will track to the Total Eligible Project
Costs
MATCHING REQUIREMENTS
Total Project Cost
$ 295,000
Total Eligible Project Cost
$ 295,000
DEPARTMENT Share (50 percent)
$ 147,500
RECIPIENT Share (50 percent)
$ 147,500
Cash (50 percent) $ 147,500
In -Kind (0 percent) $ -0-
Interlocal (0 percent) $ -0-
Indirect Rate: The indirect rate shall not exceed 15 percent of salaries
and benefits incurred while conducting project related work.
Page 2 of 14
RECIPIENT NAME: City of Port Angeles
PROJECT TITLE: Port Angeles Stormwater Management Plan
GRANT NUMBER: G9300308
Task 1 - Port Angeles Stormwater Management Plan Project
The RECIPIENT shall ensure that the Port Angeles Stormwater Management Plan
Project will be conducted according to the details of this agreement and the
conditions of this agreement's supporting documents.
Sub -Task 1.1 - Project Management
The RECIPIENT shall be responsible for the effective management and
administration of this grant project. Administration shall include, but is
not limited to project supervision, coordination of scheduled activities,
record keeping and management, financial accounting, and report preparation.
The RECIPIENT shall ensure that the grant is conducted according to the
approximate time schedule outlined in the agreement. The RECIPIENT shall
ensure effective communication with the DEPARTMENT. The RECIPIENT shall
ensure that proper attention is given to quality control, and that effective
communication is maintained between the RECIPIENT, the RECIPIENT's designers,
the DEPARTMENT and affected jurisdictions.
The RECIPIENT shall submit quarterly project progress reports. Progress
reports shall be prepared by the RECIPIENT and submitted to the Project
Manager of the DEPARTMENT, as specified in Section I of the attached General
Terms And Conditions. Progress reports shall document project
accomplishments, problems encountered, future actions, update cash flow
projections, and any other information the DEPARTMENT should be aware of. In
addition, financial reports and billings shall be made within 60 days of the
end of the quarter.
In accordance with the Centennial Clean Water Fund Program guidelines, an
annual report shall be submitted. The annual report can replace the fourth
quarterly report each year. At a minimum, the annual report shall include:
1. A summary of the work accomplished, data collected and progress
made during the year.
2. Status of project funds, obligated or expended by activity during
the year.
3. Remaining activities and program schedule.
4. Results or accomplishments of approved project activities.
5. Proposed changes to the project scope of work, if any.
The RECIPIENT shall coordinate planning efforts with Clallam County and Tribal
representatives, the Washington Department of Fisheries and Wildlife, the
DEPARTMENT, and the Puget Sound Water Quality Authority.
Page 3 of 14
RECIPIENT NAME: City of Port Angeles
PROJECT TITLE: Port Angeles Stormwater Management Plan
GRANT NUMBER: G9300308
Required Performance:
1. Invoice Voucher and Quarterly Report.
2. Coordinated Planning Effort.
Estimated Completion Date: December 31, 1994
Sub -Task 1.2 - Assessment and Characterization
The RECIPIENT shall complete a Water Quality Assessment and a Drainage Area
Characterization. The Water Quality Assessment shall provide information on
existing water quality, habitat, physical and biological conditions of the
Stormwater Management Area (SMA), and shall identify probable and potential
sources of pollution.
The RECIPIENT shall prepare a water quality assessment report, based on review
of any available data, of the SMA that characterizes the following features:
(1) existing stream beneficial uses;
(2) existing stream water quality;
(3) contributory surface runoff pollutant loadings including projects
that the County or other entity is involved in that may adversely impact
water quality;
(4) surface water quality management strategies; and
(5) existing water quality of the waterways within the SMA.
The RECIPIENT shall define water quality goals in terms of beneficial uses
desired in the watershed. Performance measures or objectives shall be
developed for each goal.
The RECIPIENT shall review and compile existing information for the drainage
area characterization. The drainage area characterization shall identify:
1. Topography and drainage sub -basins;
2. Soils;
3. Climate;
4. Sensitive areas including wetlands, flood plains, and fish and
wildlife habitat areas, steep slopes, riparian corridors,
groundwater recharge areas, highly erodible soils and soils with
high runoff potential, municipal drinking water sources;
5. Waterbodies and waterways;
6. Drainage area basins, including hydrologic features;
7. Other information needed to complete an accurate description of
the basin.
8. Existing stormwater conveyance system and drainage areas;
9. Regulatory environment;
10. A map of jurisdictional boundaries;
11. Existing and future land use;
Page 4 of 14
RECIPIENT NAME: City of Port Angeles
PROJECT TITLE: Port Angeles Stormwater Management Plan
GRANT NUMBER: G9300308
12. Delineation of pervious and impervious surfaces; and
13. Flood plains and floodways.
In cooperation with the Port Angeles Urban Bay Watershed Management Planning
project the RECIPIENT shall develop and provide the following information to
Clallam County:
1. General characterization of industrial and commercial sites in the
city with special emphasis on the harbor;
2. Inventory of industrial and commercial sites in the city;
3. Description of current stormwater and erosion conditions and
threats;
4. Description of solid and hazardous waste conditions and trends in
the city;
5. Wetlands in the city - general characterization, existing
information, inventory, functions and values, review of wetland
regulations and Shoreline Master Program, data analysis,
conclusions and recommendations; and
6. Existing city stormwater management, evaluation of current system
and planned changes, recommendations for stormwater control in new
developments, summarize stormwater runoff model results.
The RECIPIENT shall develop an inventory of existing environmental resources
within the plan area. The RECIPIENT shall conduct field surveys of the plan
area to verify existing data and to survey potential critical and habitat
areas. The inventory will identify, characterize, locate, and map sensitive
resources such as lakes, streams, wetlands, riparian zones, wildlife and
habitat. The RECIPIENT shall designate and assess wetland functional values
for the project area. All delineations and ratings of wetlands shall be made
in accordance with the City's Environmentally Sensitive Area and Wetland
Protection Ordinance. The RECIPIENT shall evaluate changing land use patterns
within the City limits and urban growth boundary for their potential impacts
to the stormwater management area (SMA), The RECIPIENT shall develop base
maps of the information developed in this sub -task using the existing City
mapping system.
The RECIPIENT shall consult with the Washington State Departments of Fisheries
and Wildlife, Ecology, Natural Resources, as well as other interested parties
when conducting the fish and wildlife habitat inventory.
The RECIPIENT shall submit one copy of the Water Quality Assessment and the
Drainage Area Characterization reports for DEPARTMENT review and project
officer approval.
Page 5 of 14
RECIPIENT NAME: City of Port Angeles
PROJECT TITLE: Port Angeles Stormwater Management Plan
GRANT NUMBER: G9300308
Required Performance:
1. Water Quality Assessment and Drainage Area Characterization.
2. Water Quality Goals, Measures, and Objectives.
3. Inventory/Characterization Maps for the SMA.
4. Information to County Watershed Planning Effort.
Estimated Completion Date: March 31, 1994
Sub -Task 1.3 - Hydrologic Analysis
The RECIPIENT shall perform hydrologic modeling of the SMA and establish existing
stormwater conveyance capacities. This work shall include the development of
design hydrographs to compute volume and flow. The 1990 Port Angeles Flood
Hazard Maps and the Stormwater Flood Hazard Plan shall be reviewed and integrated
into the analysis,
The RECIPIENT shall prepare a pollutant loading evaluation for the major sub -
basins of the planning area. Sub -basin pollutant loadings will be estimated from
the compilation of sub -basin areas according to land use and the corresponding
pollutant loadings which have been determined to be associated with such land
uses. The pollutant loading estimates will be used to identify sub -basin areas
of greatest concern for water quality protection.
A planning level analysis of pollutant loads should include the following
elements:
1. Estimates of target pollutant loads from different pollution sources
for historic, existing, and future conditions;
2. Estimate load reduction levels which are achievable using source
control, runoff control, and runoff treatment Best Management
Practices (BMP); and
3. Description of specific BMPs which will be used to achieve the load
reduction levels.
Both the hydrologic analysis and the pollutant loading evaluation shall conform
to the guidelines of the DEPARTMENT'S Stormwater Management Manual for the Puget
Sound Basin and shall address water quality as a first priority.
Required Performance:
1. Hydrologic Modeling.
2. Pollutant Loading Evaluation.
Estimated Completion Date: March 31,1994
Page 6 of 14
RECIPIENT NAME: City of Port Angeles
PROJECT TITLE: Port Angeles Stormwater Management Plan
GRANT NUMBER: G9300308
Sub -Task 1.4 - Problem Identification And Alternative Analysis
Using the information gathered in sub -tasks 1.2 and 1.3 the RECIPIENT shall
identify flooding, surface water quality, and pollutant source problems and
impacts to sensitive resources within the SMA. Existing reports shall be
reviewed, public input shall be solicited regarding surface water problems,
City staff shall be interviewed, and results of the hydrological analysis and
pollutant loading evaluation shall be analyzed to identify existing and
potential future surface water management problems.
Categories of pollutant source problems to be identified should include:
1. On-site sewage disposal practices;
2. Construction activity;
3. Household, yard, and garden chemical use;
4. Commercial/industrial chemical use;
5. Agricultural runoff;
6. Roads, streets, and parking lots, airports, etc;
7. Erosion and sedimentation;
8. Spill containment;
9. Excessive streambank erosion due to magnitude and frequency of
bankfull stormwater discharges;
10. Illicit connections to stormwater sewers;
11. Combined sewer overflows; and
12. Disposal of stormwater sediment and vactor waste.
Existing and potential future drainage system problems shall be identified and
include at least the following elements:
1. Flooding;
2. Erosion;
3. Problems from lack of maintenance;
4. Inadequate pipe or channel capacity; and
5. Safety problems.
Stormwater impacts to sensitive resources and resultant problems shall also be
identified.
The RECIPIENT shall develop pollution control management strategies for
existing stormwater problems. Management strategies shall include the
following recommendations from the Puget Sound Water Quality Management Plan:
1. Erosions and sediment control for construction sites;
2. Source control to prevent the transport of pollutants in
stormwater runoff;
3. Runoff treatment to remove pollutants from stormwater runoff;
4. Streambank erosion control by reducing the magnitude and
frequencies of bankfull stormwater discharges;
Page 7 of 14
RECIPIENT NAME:
PROJECT TITLE:
GRANT NUMBER:
City of Port Angeles
Port Angeles Stormwater Management Plan
C9300308
5. Protection of sensitive areas identified in sub -task 2; and
6. Operation and maintenance strategies for stormwater treatment
facilities.
The RECIPIENT shall also adopt the DEPARTMENT'S Stormwater Management Manual
for the Puget Sound as a guide to evaluate pollutant source control
alternatives for incorporation into the surface water management plan. Such
alternatives shall include residential BMPs, commercial and industrial BMPs,
agricultural BMPs, maintenance of roadway or drainage facilities, construction
site erosion control, and roadway spill containment.
The management strategies and corresponding alternatives shall be evaluated
for:
1. Cost and effectiveness;
2. Environmental impact;
3. Practicality;
4. Ability of grantee and cooperating entities to complete necessary
work;
5. Consistency with applicable laws, policies, plans, etc; and
6. Short vs. long-term solutions.
Required Performance:
1. Problem Identification Report.
2. Management Strategy and Alternative Analysis.
Estimated Completion Date: June 30, 1994
Sub -Task 1.5 - Stormwater Management Plan
The RECIPIENT shall develop a Stormwater Management Plan to be consistent with
state and federal regulations and guidelines, in particular, the
recommendations of the Puget Sound Water Quality Management Plan Elements SW -1
and SW -2, and the technical manual, model ordinances, and guidance developed
in SW -3 and SW -4.
The RECIPIENT shall develop a long-term monitoring program to be used to
evaluate the:
1. Water quality goals defined in Sub -Task 1.2; and
2. Problems, alternatives, and management strategies identified in
Sub -Task 1.4.
The RECIPIENT shall develop a funding and implementation element
water quality goals and management strategies for implementation.
may propose adoption of regulatory programs, capital improvement
establishment of surface water utilities, cost-sharing programs,
activities.
Page 8 of 14
to prioritize
The element
plans,
and other
RECIPIENT NAME: City of Port Angeles
PROJECT TITLE; Port Angeles Stormwater Management Plan
GRANT NUMBER; G9300308
The RECIPIENT shall conduct rate study analysis for potential stormwater
utility; develop User Charge System Methodology for stormwater utility; hold
one or two public review and comment meetings (based on interest); and revise
the user charge system on public comments.
In developing the Stormwater Management Plan the RECIPIENT shall complete the
following tasks:
1. Define the agencies responsible for implementing each element of
the Plan;
2. Demonstrate that the responsible agencies have or will acquire
sufficient authority to complete each task, including operation
and maintenance of facilities;
3. Demonstrate that responsible agencies have or will acquire
adequate funding to complete each task identified for
implementation. This shall include approximate budget and methods
of financing;
4. Develop an implementation schedule for each task and concurrence
from each agency responsible for each task;
5. Describe interagency coordination arrangements which will ensure
effective implementation of the Stormwater Management Program; and
6. Develop ordinances to implement the final stormwater management
plan.
A draft Stormwater Management Plan shall be submitted to the City Planning
Commission and City Council, effected entities within the stormwater
management area, and the public for review and comment. Comments shall be
solicited and incorporated, as appropriate, into the draft Plan. The
RECIPIENT shall submit five copies of the draft Plan to the DEPARTMENT for
review. All comments received shall be included as part of the final Plan.
The RECIPIENT shall conduct a SEPA review and submit the plan to SEPA
agencies, hold public hearings and revise the plan as needed.
After the SEPA review and public hearings, 10 copies of the revised final
Stormwater Plan and SEPA documents shall be submitted to the DEPARTMENT for
final approval.
Required Performance:
1. Rate study analysis.
2. User charge system methodology.
3. Revise user charge system based on public comments.
4. Review and public comment of draft stormwater plan.
5. Draft stormwater plan to DEPARTMENT for review.
6. SEPA review of stormwater plan.
Page 9 of 14
RECIPIENT NAME: City of Port Angeles
PROJECT TITLE: Port Angeles Stormwater Management Plan
GRANT NUMBER: G9300308
7. Ordinances to implement the final stormwater management plan.
8. Present draft Plan and ordinances to Planning Commission and City
Council.
9. Submittal for City Council Approval.
10. Ten copies of final Plan to the DEPARTMENT.
Estimated Completion Date: October 31, 1994
Sub -Task 1.6 - Public Information Plan and Stormwater Management Committee
The RECIPIENT shall form a Stormwater Management Committee (SMC), which will
be responsible for developing and ensuring the implementation of the Plan.
The SMC shall be comprised of agencies with responsibility and/or involvement
in the SMA and concerned public and private citizens. The SMC process shall
be ongoing throughout the project.
The RECIPIENT shall develop an information brochure for use in public meetings
and directly involve the SMC in policy decisions during development of the
plan.
The RECIPIENT shall prepare a public information plan to include educational
activities, public meetings and hearings, and other activities to involve the
local citizens in the stormwater planning process. The RECIPIENT shall also
develop a long-term direction for citizen involvement and educational
activities.
Required Performance:
1. Citizens Advisory Committee.
2. Public Information Plan.
3. Public Information Brochure
4. Long-term citizen involvement and educational activities.
Estimated Completion Date: December 31, 1994
SPECIAL TERMS AND CONDITIONS
1. Consultant Agreements. The RECIPIENT shall certify by letter to the
DEPARTMENT that all applicable requirements have been satisfied in the
procurement of professional services and eligible and ineligible costs
are separated and identified. The RECIPIENT shall submit a copy of the
final negotiated agreement to the DEPARTMENT for eligibility
determination.
2. Equipment Maintenance and Disposition. The RECIPIENT shall be
responsible for the proper management, security, inventory, maintenance,
and disposition of all equipment and property as set forth in the
DEPARTMENTS's current edition of Administrative Requirements for Ecology
Page 10 of 14
RECIPIENT NAME: City of Port Angeles
PROJECT TITLE: Port Angeles Stormwater Management Plan
GRANT NUMBER: G9300308
Grants and Loans. The RECIPIENT shall submit to the DEPARTMENT, a copy
of the title or purchase agreement for each item of nonexpendable
equipment or property purchased. The RECIPIENT may, with written
DEPARTMENT approval, retain any equipment or property purchased with
grant funds as long as it is being used to continue the program for
which it was purchased, unless it is specifically identified in the
grant agreement.
3. Equipment Purchase. Equipment purchase must be approved by the Project
Officer.
4. Equipment Rental. All equipment rental shall be approved in writing by
the DEPARTMENT and rental fees shall be established prior to
reimbursement.
5. Field Data Analysis. Samples collected through water quality monitoring
activities under this grant shall be analyzed by an environmental
laboratory accredited by the DEPARTMENT. When an accredited laboratory
is not locally available and a hardship is placed upon the RECIPIENT to
fulfill this requirement, a laboratory quality assurance plan shall be
submitted by the RECIPIENT for review and approval by the DEPARTMENT.
This plan shall include laboratory operations, data quality objectives,
analytical procedures, internal quality control checks, data assessment
procedures, performance audits, and quality assurance reports. The
DEPARTMENT shall approve all quality assurance procedures prior to the
initiation of field data collection as set forth in this project.
6. Force Account/Staffing Plans. The RECIPIENT has elected to use its own
forces to perform and complete the work on this project in accordance
with the grant scope of work. The recipient has the necessary staff and
resources and capability to perform the work. No overtime differential
will be allowed for grant participation.
7. Minority and Women's Business Participation. The RECIPIENT agrees to
utilize to the maximum extent possible, minority owned and women owned
businesses in purchases and contracts initiated after the effective date
of this agreement.
In the absence of more stringent goals established by the RECIPIENT's
jurisdiction, the RECIPIENT agrees to utilize the DEPARTMENT'S goals for
minority and women owned business participation in all bid packages,
request for proposals and purchase orders. These goals are expressed as
a percentage of the total dollars available for the purchase or contract
and are as follows:
Minority owned business participation - 10 percent
Women owned business participation - 6 percent
Page 11 of 14
RECIPIENT NAME: City of Port Angeles
PROJECT TITLE: Port Angeles Stormwater Management Plan
GRANT NUMBER: 09300308
The RECIPIENT and ALL prospective bidders or persons submitting
qualifications shall take the following steps in any procurement
initiated after the effective date of this agreement:
A. Include qualified minority and women's businesses on solicitation
lists,
B. Ensure 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 and the Office of Minority
Business Enterprises of the U.S. Department of Commerce, as
appropriate.
By signing this agreement, the RECIPIENT certifies that the above steps
were, or will be followed.
The RECIPIENT shall report to the DEPARTMENT at the time of submitting
each invoice, on forms provided by the DEPARTMENT, payments made to
qualified firms. The report will address:
a. Name and state OMWBE certification number of any qualified firm
receiving funds under the voucher, including any sub and/or sub -
subcontractors.
b. The total dollar amount paid to qualified firms under this
invoice.
8. Payment Cashflow Projections. The RECIPIENT shall prepare an estimate
of expenditures by quarter and submit this estimate to the DEPARTMENT.
Payment Cash Flow Projection forms will be provided by the DEPARTMENT.
Initial cash flow projections are due when the first invoice is
submitted. Cash flow estimates shall be submitted with every quarterly
report and revised and/or updated whenever major changes occur.
9. Quarterly Reports. Each Quarter the RECIPIENT shall submit a project
status report. The report shall be submitted with the current payment
request.
10. Recycle4/Recvclable Paper. All documents and materials published under
this agreement shall be produced on recycled paper containing the
highest level of post consumer and recycled content that is available.
Page 12 of 14
RECIPIENT NAME: City of Port Angeles
PROJECT TITLE: Port Angeles Stormwater Management Plan
GRANT NUMBER: G9300308
At a minimum, paper with 10 percent post consumer content and 50 percent
recycled content shall be used. Whenever possible, all materials shall
be published on paper that is unbleached or has not been treated with
chlorine gas and/or hypochlorite.
As appropriate, all materials shall be published on both sides of the
paper and shall minimize the use of glossy or colored paper, and other
items which reduce the recyclability of the document.
11. Sales Tax Information. A Sales and Use Tax Report Form (ECY 060-14)
shall be submitted with each voucher. The DEPARTMENT will supply the
RECIPIENT with the forms and training necessary to properly document
capital purchases.
12. Monitoring Plan. Prior to the start of any water quality sampling, a
Water Quality Monitoring Plan (Monitoring Plan) must be approved by the
DEPARTMENT. The Monitoring Plan is required by the DEPARTMENT's quality
assurance policy and must be developed and approved according to the
"Guidelines and Specifications for Preparing Quality Assurance Project
Plans," (May 1991). The Monitoring Plan must describe in detail the
organization and objectives of the project and procedures to be followed
to ensure that the data generated will serve to meet those objectives.
The Monitoring Plan must also describe the procedures which will be used
to document and report the estimated accuracy of the data. The
Monitoring Plan will provide information in the following areas:
A. Title page with provision for approval signatures of the
RECIPIENT, the Project Officer, and if desired the DEPARTMENT's
Environmental Investigations and Laboratory Services Program;
B. Project description;
C. Project organization;
D. Data quality objectives;
E. Sampling procedures;
F. Analytical procedures;
G. Quality control procedures;
H. Data handling protocols; and
I. Data assessment procedures,
The Monitoring Plan must be submitted for review and approval by the
DEPARTMENT prior to the commencement of data collection activities.
Page 13 of 14
RECIPIENT NAME: City of Port Angeles
PROJECT TITLE: Port Angeles Stormwater Management Plan
GRANT NUMBER: G9300308
ALL WRITINGS CONTAINED HEREIN
This agreement, the appended GENERAL TERMS AND CONDITIONS, the DEPARTMENT'S
current edition of Administrative Requirements for Ecology Grants and Loans
and the Centennial Clean Water Fund Program Guidelines 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.
No subsequent modification(s) or amendment(s) of this agreement shall be of
any force or effect unless signed in writing by authorized representatives of
the RECIPIENT and DEPARTMENT and made a part of this agreement; EXCEPT, that
in relation to change of Project Officer, the DEPARTMENT may modify or amend
this agreement without the signature of the RECIPIENT.
IN WITNESS WHEREOF, the parties hereby execute this Grant:
STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
CITY OF PORT ANGELES
DAVID PALAZZI
PROJECT OFFICER
CHERYL RANGE DATE
PROGRAM MANAGER
WATER QUALITY FINANCIAL ASSISTANCE
APPROVED AS TO FORM ONLY
ASSISTANT ATTORNEY GENERAL
Page 14 of 14
WASHINGTON STATE
CEPANTMFNI OF
ECOLOGY
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 not assign or subcontract performance to others unless specifically authorized in writing by the
DEPARTMENT.
B. SUBGRANTEE/CONTRACTOR COMPLIANCE
The RECIPIENT must ensure that all aubgrantees 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 die RECIPIENT agree to be bound by all Federal and State laws, regulations,
and policies against discrimination. The RECIPIENT further agreeto affirmatively support the program of the Office
of Minority and Women's Business Enterprises to the maximum extent possible. 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. 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 the 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-128 (Audit of State and Looal Governments) or OMB Circular
A-110 (Uniform Requirements for Grants to Universities, Hospitals and Other Non -Profit Organizations) if the
RECIPIENT receives federal funds in excess of $25,000. The RECIPIENT must forward a copy of the state auditor's
DEPARTMENT from the RECIPIENT is determined.
2. Insufficient Funds. The obligation of the DEPARTMENT to make payments is contingent on the availability of state and
federal funds through legislative appropriation and state allotment. When this agreement crosses over gate fiscal years
the obligation of the DEPARTMENT is contingent upon the appropriation of funds during die next fiscal year. The failure
to appropriate or allot such funds shall be good cause to terminate Ihie agreement as provided in paragraph K.1 above.
When this agreement crosses the RECIPIENT's fiscal year, the obligation of the RECIPIENT to continue or complete the
project described herein shall be contingent upon appropriation of funds by the RECIPIENT's governing body; Provided,
however, that nothing contained herein shall preclude the DEPARTMENT from demanding repayment of AL$ funds paid
to the RECIPIENT in accordance with Section N herein.
3. Failure to Commence Work. In the event the RECIPIENT fails to commence work on the project funded herein within
four months after the effective date of this agreement, or by any date mutually agreed upon in writing for commencement
of work, the DEPARTMENT reserves the right to terminate this agreement.
L. WAIVER
Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a breach of any provision of this
agreement is not a waiver of any subsequent breach and will not be construed as a modification of the terms of this agreement
unless stated as such in writing by the authorized representative of the DEPARTMENT.
M. PROPER'L'Y RIGHTS
1. CopvriRlrta and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property,
the RECIPIENT may copyright or patent the same but the DEPARTMENT retains a royalty -free, nonexclusive and
irrevocable license to reproduce, publish, recover or otherwise use the material(s) or property and to authorize others to
use the name 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 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 IV, 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 Pr a Furnished b the DEPARTMENT. When the DEPARTMENT provides personal property directly to
the RECIPIENT for use in performance of the project, it shall be returned to the DEPARTMENT prior to final payment
by the DEPARTMENT. If said property is Lost, stolen or damaged while in the RECIPIENT's possession, the
DEPARTMENT shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property.
5. Acquisition Projects. The following provisions shall apply if the project covered by flus agreement includes funds for the
acquisition of land or facilities:
a. Prior to disbursement of funds provided for in this agreement, the RECIPIENT shall establish that the cost of
land/or facilities is fair and reasonable.
b. The RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to
disbursement of funds provided by this agreement. Such evidence may include title insurance policies, Torrents
certificates, or abstracts, and attorney's opinions establishing that the land in 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"
STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
P.O. BOX 47600 • Olympia, Washington 98504-7600 • (206) 459-6000
RECEIVED
June 17, 1993
Mr. Tim Smith
City of Port Angeles
Post Office Box 1150
Port Angeles, WA 98362
Dear Mr. Snaith:
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Approval has been received to mail out for signature Grant Agreement G9300308
between the Department of Ecology and the City of Port Angeles for the development of
a stormwater management plan. The project scope of work includes elements for project
management, assessment and characterization, hydrologic analysis, problem identification
and alternative analyses, preparation of the stormwater management plan, public
information and creation of a stormwater management committee. The total eligible
project cost is $295,000 and Ecology's share is $147,500 (50 percent). The expiration
date for this grant agreement is May 31, 1995.
Please review the enclosed grant agreement including the project scope of work, budget,
Special Terms and Conditions and General Terms and Conditions. All three copies
need to be signed and dated before returning them to me for final signature. This grant
will become effective upon the date of signature by the Water Quality Financial
Assistance Program Manager. Once effective, reimbursable costs can be incurred to the
project. I will return one copy of the completed agreement for your files.
Mr. Tim Smith
Page 2
June 17, 1993
Please let me know if you have any questions or concerns regarding this agreement. I
know you are anxious to start and I will continue to expedite this grant through the
approval process.
Sincerely,
.
a.ipe
t'lavid Palazzi
Project Officer
Water Quality Financial Assistance
DP/KM:km
Enclosures (3)
cc: Grant File