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CITY OF RENTON
AGENDA - City Council Regular Meeting
7:00 PM - Monday, January 8, 2024
Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
Please note that this regular meeting of the Renton City Council is being offered as a hybrid
meeting and can be attended in person at the Council Chambers, 7th floor of City Hall, 1055 S
Grady Way, Renton, 98057 or remotely through Zoom.
For those wishing to attend by Zoom: Please (1) click this link
https://us02web.zoom.us/j/84938072917?pwd=TUNCcnppbjNjbjNRMWpZaXk2bjJnZz09 (or
copy/paste the URL into a web browser) or (2) call-in to the Zoom meeting by dialing 253-215-
8782 and entering 849 3807 2917 Passcode 156708, or (3) call 425-430-6501 by 5 p.m. on the
day of the meeting to request an invite with a link to the meeting.
Registration for Audience Comment: Registration will be open at all times, but speakers must
register by 5 p.m. on the day of a Council meeting in order to be called upon. Anyone who
registers after 5 p.m. on the day of the Council meeting will not be called upon to speak and
will be required to re-register for the next Council meeting if they wish to speak at that next
meeting.
Request to Speak Registration Form:
o Click the link or copy/paste the following URL into your browser:
https://forms.office.com/g/bTJUj6NrEE
You may also call 425-430-6501 or email jsubia@rentonwa.gov or
cityclerk@rentonwa.gov to register. Please provide your full name, city of residence,
email address and/or phone number, and topic in your message.
A sign-in sheet is also available for those who attend in person.
Video on Demand: Please click the following link to stream Council meetings live as they
occur, or to select previously recorded meetings:
Renton Channel 21 Video on Demand
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2. ROLL CALL
3. CEREMONIAL SWEARING-IN
a) Armondo Pavone, Mayor by Roman or Dominic Pavone
b) Valerie O'Halloran, Council Position No. 3 by Michael O'Halloran
c) Ryan McIrvin, Council Position No. 4 by Stefanie McIrvin
d) Ed Prince, Council Position No. 5 by Judge LeRoy McCullough
e) Kim-Khánh Vǎn, Council Position No. 7 by Councilmember’s choice
4. ADMINISTRATIVE REPORT
a) Administrative Report
5. AUDIENCE COMMENTS
All remarks must be addressed to the Council as a whole, if a response is requested
please provide your name and address, including email address, to the City Clerk to
allow for follow-up.
Speakers must sign-up prior to the Council meeting.
Each speaker is allowed three minutes.
When recognized, please state your name & city of residence for the record.
NOTICE to all participants: Pursuant to state law, RCW 42.17A.555, campaigning for any
ballot measure or candidate in City Hall and/or during any portion of the council meeting,
including the audience comment portion of the meeting, is PROHIBITED.
6. CONSENT AGENDA
The following items are distributed to Councilmembers in advance for study and review, and
the recommended actions will be accepted in a single motion. Any item may be removed for
further discussion if requested by a Councilmember.
a) Approval of Council Meeting minutes of December 11, 2023.
Council Concur
b) AB - 3482 Mayor Pavone recommends adoption of the 2024 Legislative Agenda that
summarizes the city's position on current state issues, and serves as guidance for city
staff as they work with legislators to achieve city goals.
Council Concur
c) AB - 3484 Mayor Pavone recommends confirmation of the reappointments of Ms.
Cochran-Reep, Ms. Haddock, and Ms. Polley to the Senior Citizen Advisory Board with
terms expiring December 31, 2026.
Council Concur
d) AB - 3490 Executive Services Department recommends approval of the State and Local
Cybersecurity Grant Program contract E24-204 in order to accept $105,000 in grant funds
to implement IT Asset Management and Attack Surface Management programs for
cybersecurity enhancement.
Refer to Finance Committee
e) AB - 3486 Human Resources / Risk Management Department recommends confirmation
of Maryjane Ortiz Van Cleave as Administrator of the Parks and Recreation Department,
effective January 1, 2024, at salary grade m49, Step E.
Council Concur
f) AB - 3483 Parks & Recreation Department recommends approval of a waiver of the
Temporary Event Permit ($85) and the facility rental fee ($1,500) for the Don Persson
Senior Activity Center for the January 20, 2024 Pongal event submitted by the Pongal
Community Group.
Refer to Finance Committee
g) AB - 3481 Police Department recommends approval of an agreement with the
Washington Traffic Safety Commission for Law Enforcement Liaison to receive up to
$4,500 in grant funds to increase law enforcement participation in traffic safety
enforcement and to serve as a resource for the region's Target Zero Manager.
Refer to Finance Committee
h) AB - 3485 Public Works Utility Systems Division recommends approval of the following
grant agreements with the Washington State Department of Ecology: WQC-2024-Renton-
00011 in the amount of $2,975,000 for the SE 172nd Water Quality Retrofit capital
improvement project; WQC-2024-Renton-00036 in the amount of $206,550 for the
Springbrook Terrace Retrofit capital improvement project; and WQC-2024-Renton-00204
in the amount of $7,950,050 for the Monroe Ave NE Infiltration Facility capital
improvement project.
Refer to Finance Committee
7. UNFINISHED BUSINESS
Topics listed below were discussed in Council committees during the past week. Those topics
marked with an asterisk (*) may include legislation. Committee reports on any topics may be
held by the Chair if further review is necessary.
a) Committee of the Whole: 1) Allocation of Lodging Tax Funding for 2024
b) Community Services Committee: 1) Appointments to Renton Municipal Arts Commission
c) Finance Committee: 1) Vouchers
8. LEGISLATION
9. NEW BUSINESS
(Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more
information.)
10. ADJOURNMENT
COMMITTEE OF THE WHOLE MEETING AGENDA
(Preceding Council Meeting)
5:30 p.m. - 7th Floor - Council Chambers/Videoconference
Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk
CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21
To view Council Meetings online, please visit rentonwa.gov/councilmeetings
Mayor’s Office
Memorandum
DATE: January 8, 2024
TO: Ed Prince, Council President
Members of Renton City Council
FROM: Armondo Pavone, Mayor
Ed VanValey, Chief Administrative Officer
SUBJECT: Administrative Report
• Information about preventative street maintenance, traffic impact projects, and
road closures happening this week can be found at http://rentonwa.gov/traffic. All
projects are weather permitting and unless otherwise noted, streets will always
remain open. Preventative street maintenance, traffic impact projects, and road
closures will be at the following locations:
Monday, January 8 through Friday, January 12, 8:00 a.m. to 3:00 p.m.
Intermittent lane closure on NE 10th St from NE Sunset Blvd to Kirkland Ave NE.
Questions may be directed to Kip Braaten, 206-503-1746.
Monday, January 8 through Friday, January 12, 8:00 a.m. to 3:00 p.m.
Intermittent lane closure on NE 12th St and Jefferson Ave NE for utility
installation. Questions may be directed to Brad Stocco, 425-282-2373.
Monday, January 8 through Friday, January 12, 8:00 a.m. to 3:00 p.m.
Intermittent westbound lane closure on 156th Avenue SE between NE 4th St and
NE 1st St for construction work. Questions may be directed to Patrick Decaro,
425-207-6013.
Monday, January 8 through Friday, January 12, 8:00 a.m. to 3:00 p.m. Road
closure on Kirkland Ave NE between NE Sunset Blvd and NE 12th St for utility
installation. Detour route will be provided. Questions may be directed to Brad
Stocco, 425-282-2373.
Monday, January 8 through Friday, January 12, 8:00 a.m. to 3:00 p.m.
Intermittent lane closure on NE Sunset Blvd between Edmonds Ave NE and
Kirkland Ave NE for construction work. Questions may be directed to Brad
Stocco, 425-282-2373.
Monday, January 8 through Friday, January 12, 8:00 a.m. to 3:00 p.m.
Intermittent lane closures on Williams Ave S at Grady Way S for construction
work. Questions may be directed to Tom Main, 206-999-1833.
AGENDA ITEM #4. a)
Ed Prince, Council President
Members of Renton City Council
Page 2 of 2
January 8, 2024
Monday, January 8 through Friday, January 12, 8:00 a.m. to 3:00 p.m.
Southbound travel and parking lane closures on Williams Ave S between S 2nd
and S 3rd Streets for construction work. Questions may be directed to Sam
Stolmeier, 425-430-7288.
Ongoing Street Closure (City of Renton Resolution No. 4446). FULL STREET
CLOSURE on Sunset Lane NE between NE 10th Street and Harrington Place NE in
support of the Solera Development Project (LUA20-000305). Questions may be
directed to Brad Stocco, 425-282-2373.
AGENDA ITEM #4. a)
December 11, 2023 REGULAR COUNCIL MEETING MINUTES
CITY OF RENTON
MINUTES - City Council Regular Meeting
7:00 PM - Monday, December 11, 2023
Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Pavone called the meeting of the Renton City Council to order at 7:00 PM and led the
Pledge of Allegiance.
ROLL CALL
Councilmembers Present:
Valerie O'Halloran, Council President
Ed Prince, Council Position No. 5
James Alberson, Jr., Council Position No. 1
Carmen Rivera, Council Position No. 2
Ryan McIrvin, Council Position No. 4
Ruth Pérez, Council Position No. 6
Kim-Khánh Vǎn, Council Position No. 7
(attended remotely)
Councilmembers Absent:
ADMINISTRATIVE STAFF PRESENT
Armondo Pavone, Mayor
Ed VanValey, Chief Administrative Officer
Alex Tuttle, Senior Assistant City Attorney
Jason Seth, City Clerk
Kari Roller, Finance Department Administrator
Kim Gilman, HR Labor Relations & Compensation Manager
Brianne Bannwarth, Development Engineering Director
Krista Kolaz, Risk Manager
Deputy Chief Jeffery Hardin, Police Department
Attended Remotely:
Judith Subia, Council Liaison
Kristi Rowland, Deputy Chief Administrative Officer
Ellen Bradly-Mak, Human Resources / Risk Management Administrator
Martin Pastucha, Public Works Administrator
AGENDA ITEM #6. a)
December 11, 2023 REGULAR COUNCIL MEETING MINUTES
Vanessa Dolbee, Interim Community & Economic Development Administrator
Melissa McCain, Deputy City Clerk
SPECIAL PRESENTATION
Chief Administrative Officer VanValey provided a brief overview of the 2024 Legislative
session and noted the administration had recently presented the city's legislative priorities to
the Equity Commission. Mr. VanValey reported the Equity Commission members strongly
support advocating for funds allocated for Renton, and the commission would like to be
involved in the legislative session process. He then introduced David Foster with Foster
Governmental Relations.
Mr. Foster highlighted the 2024 Legislative session timeline and agenda and noted that 2024
is also an election year with 25 Senate and all 98 House seats up for election. He reported that
in addition to reviewing the operating, capital, and transportation budgets the session will
also review housing, homelessness, behavioral health, and local revenue areas. He then
reviewed Renton's legislative priorities for 2024 and issues that need to be monitored.
Concluding, Mr. Foster and Mr. VanValey responded to several inquiries from Council.
ADMINISTRATIVE REPORT
CAO Ed VanValey reviewed a written administrative report summarizing the City's recent
progress towards goals and work programs adopted as part of its business plan for 2023 and
beyond. Item noted was:
• Information about preventive street maintenance, traffic impacts projects, and road
closures happening this week can be found at http://rentonwa.gov/traffic. All
projects are weather permitting and unless otherwise noted, streets will always
remain open.
AUDIENCE COMMENTS
• Kent McClearly, Renton, spoke on behalf of the Renton Rowing Center noting that it is
now a 501(c) Charitable Organization. He reviewed the group's mission and urged
Council to continue to support the program.
• Kai Powers, Renton, spoke about the positive effects being a member of the Renton
Rowing Center has had on his life.
• Ellie Anderson, Renton, also spoke about the positive impact the Renton Rowing
Center has had on her life.
• Audrey Stoughton, Renton, spoke about the positive impacts the Renton Rowing
Center has had on her life and urged Council to continue to support the organization.
• Imami Ford, Renton, spoke about the positive impacts the Renton Rowing Center has
had on her life and urged Council to continue to support the organization.
CONSENT AGENDA
The following items are distributed to Councilmembers in advance for study and review, and the
recommended actions will be accepted in a single motion. Any item may be removed for further
discussion if requested by a Councilmember.
AGENDA ITEM #6. a)
December 11, 2023 REGULAR COUNCIL MEETING MINUTES
a) Approval of Council Meeting minutes of December 4, 2023. Council Concur.
b) AB - 3480 Mayor Pavone recommendeds confirmation of reappointments of Lisa Davis and
Celina Kershner to the Equity Commission with terms expiring December 31, 2026. Council
Concur.
c) AB - 3471 Community & Economic Development Department submitted the 2024 Lodging Tax
Advisory Committee allocation of funding recommendation, in the amount of $447,500, and
requested authorization to execute contracts with the successful applicants for the
implementation of proposed marketing initiatives. Refer to Committee of the Whole.
MOVED BY VǍN, SECONDED BY RIVERA, THE DECEMBER 4, 2023, MINUTES BE
CORRECTED TO ADD THE MOTION THAT REDUCED AUDIENCE COMMENT TIME
FROM THREE MINUTES TO TWO MINUTES AND RECORD THE VOTES FOR THAT
MOTION IN THE MINUTES. CARRIED.
MOVED BY O'HALLORAN, SECONDED BY PRINCE, COUNCIL CONCUR TO APPROVE
THE CONSENT AGENDA INCLUDING THE CORRECTED DECEMBER 4, 2023,
MINUTES. CARRIED.
UNFINISHED BUSINESS
Topics listed below were discussed in Council committees during the past week. Those topics marked
with an asterisk (*) may include legislation. Committee reports on any topics may be held by the Chair if
further review is necessary.
a) Transportation Committee: Chair McIrvin presented a report recommending concurrence in the
staff recommendation to authorize the Mayor and City Clerk to execute a professional services
agreement with Shea Carr and Jewell Inc (dba SCJ Alliance) to design engineering services
totaling $165,657.05 for the 116th Ave SE Sidewalk Project.
MOVED BY MCIRVIN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
b) Transportation Committee: Chair McIrvin presented a report recommending concurrence in the
staff recommendation to authorize the Mayor and City Clerk to execute Change Order No. 9 to
CAG-22-163 with Pivetta Brothers Construction Inc. in the amount of $103,853.14 that PSE,
Lumen, and Comcast will reimburse for the Rainier Ave S Corridor Improvements - Phase 4
project.
MOVED BY MCIRVIN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
c) Committee on Committees: Chair Prince presented a revised report recommending the
following council committee assignments for 2024:
Community Services
(2nd & 4th Mondays, 3:00 pm)
James Alberson Jr., Chair
Ryan McIrvin, Vice Chair
Ruth Pérez, Member
AGENDA ITEM #6. a)
December 11, 2023 REGULAR COUNCIL MEETING MINUTES
Finance
(2nd and 4th Mondays, 4:00 pm)
Valerie O'Halloran, Chair
Ruth Pérez, Vice Chair
Ryan McIrvin, Member
Planning & Development
(2nd & 4th Mondays, 5:00 pm)
Ruth Pérez, Chair
James Alberson, Jr., Vice Chair
Valerie O'Halloran, Member
Public Safety
(3rd Monday, 4:00 pm)
Carmen Rivera, Chair
Valerie O'Halloran, Vice Chair
Kim-Khánh Vǎn, Member
Transportation
(1st & 3rd Mondays, 5:00 pm)
Ryan McIrvin, Chair
Kim-Khánh Vǎn, Vice Chair
Carmen Rivera, Member
Utilities
(1st & 3rd Mondays, 3:00 pm)
Kim-Khánh Vǎn, Chair
Carmen Rivera, Vice Chair
James Alberson Jr., Member
MOVED BY PRINCE, SECONDED BY ALBERSON, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
d) Planning & Development Committee: Chair Prince presented a report recommending
concurrence in the staff and Planning Commission recommendation to adopt the 2023 Title IV
Docket 18, Group C item: D-228: Bonus Density. The Committee further recommended that an
ordinance for this item be prepared and presented for first reading when this is complete.
MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
e) Planning & Development Committee: Chair Prince presented a report recommending
concurrence with the staff and Planning Commission recommendation to amend the Bicycles and
Trails Master Plan and that a resolution adopting the amendment be prepared and presented for
adoption when it is complete.
MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
AGENDA ITEM #6. a)
December 11, 2023 REGULAR COUNCIL MEETING MINUTES
f)Finance Committee: Chair Pérez presented a report recommending approval of the following
payments:
1.Accounts Payable - total payment of $24,171,676.16 for vouchers 10726-10732, 10733-
10739, 412627-412628, 412637-412958, 412959-412984, 412993-413213; payroll
benefit withholding voucher 7256-7266, 7267-7277, 412629-412636, 412985-412885
and 6 wire transfers.
2.Payroll - total payment of $3,760,284.59 for payroll vouchers that include 1,341 direct
deposits and 18 checks. (10/16/2023-10/31/2023 and 11/01/2023-11/15/2023 pay
periods).
3.Kidder Mathews vouchers 1424-1548 totaling $42,191.42.
4.Municipal Court vouchers 018398-018423 totaling $20,356.00.
MOVED BY PÉREZ, SECONDED BY ALBERSON, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
g)Finance Committee: Chair Pérez presented a report recommending concurrence in the staff
recommendation to approve an interagency agreement with the Organized Crime Drug
Enforcement Task Force Program to accept $5,000 in grant funds for the use of the State & Local
Overtime and Authorized Expense/Strategic Initiative.
MOVED BY PÉREZ, SECONDED BY ALBERSON, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
h)Finance Committee: Chair Pérez presented a report recommending concurrence in the staff
recommendation to authorize the Mayor and City Clerk to execute the 2-year Transportation
Demand Management Implementation Agreement with WSDOT that provides a cost
reimbursement to the city of $155,400.
MOVED BY PÉREZ, SECONDED BY ALBERSON, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
i)Finance Committee: Chair Pérez presented a report recommending concurrence in the staff
recommendation to authorize the Mayor and City Clerk to execute the professional services
agreement with Risk Solutions Unlimited, LLC for a total of $774,919 for the safety agent services
pilot project. The agreement with be funded by HB 1590 contracted services funds. The required
budget adjustment will be included in the first quarter/carry forward budget ordinance to occur
in early 2024.
MOVED BY PÉREZ, SECONDED BY ALBERSON, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
j)Finance Committee: Chair Pérez presented a report recommending concurrence in the staff
recommendation to approve the 2024 Liability Insurance policies through the city's broker,
Alliant, and authorizes the Mayor and City Clerk to sign the implementing documents in order to
bind the insurance policies. The total premium cost for 2024 will not exceed $915,000. The
binder agreement will be transmitted by the broker for execution prior to January 1, 2024.
MOVED BY PÉREZ, SECONDED BY ALBERSON, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
k)Finance Committee: Chair Pérez presented a report recommending concurrence in the staff
recommendation to authorize the Mayor and City Clerk to execute Agreement for Puget Sound
Energy to Waive and Release Cash Surety for Deferral Permit DEF18006311 and add the funds to
the 116th Ave SE sidewalk improvements (located near the Family First Community Center).
AGENDA ITEM #6. a)
December 11, 2023 REGULAR COUNCIL MEETING MINUTES
MOVED BY PÉREZ, SECONDED BY ALBERSON, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
l) Utilities Committee: Chair Alberson presented a report recommending concurrence in the staff
recommendation to execute an agreement with Cascadia Consulting Group in the amount of
$265,000 for solid waste planning and technical services.
MOVED BY ALBERSON, SECONDED BY RIVERA, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
LEGISLATION
Ordinances for second and final reading:
a) Ordinance No. 6126: An ordinance of the City of Renton, Washington, amending subsections
4-4-010.I, 4-8-070.D, 4-8-080.G, 4-8-090.C.1, 4-8-120.C, 4-8-120.D.8, and 4-9-090.A through F,
4-9-100.J; amending Section 4-11-080 of the Renton Municipal Code; repealing and replacing
Subsection 4-9-090.G of the Renton Municipal Code, adding new Subsection 4-9-090.H to the
Renton Municipal Code; amending Home Occupations Regulations; authorizing corrections;
providing for severability, and establishing an effective date.
MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL ADOPT THE ORDINANCE AS
READ. ROLL CALL: ALL AYES. CARRIED.
b) Ordinance No. 6127: An ordinance of the City of Renton, Washington, amending Subsections
4-2-060.I, 4-2-080.A.19, 4-2-080.A.26, 4-2-080.A.27, 4-2-080.A.31, 4-2-080.A.34, 4-2-080.A.80,
4-2-080.A.81, 4-11-040.MM, Sections 4-11-030, 4-11-050, 4-11-060, and 4-11-230 of the
Renton Municipal Code; amending regulations for Eating And Drinking Establishments, Food
Related Drive-Through Service, and defining new terms, including Coffee Stand, Commissary
Kitchen, And Walk-Up Window; authorizing corrections; providing for severability; and
establishing an effective date.
MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL ADOPT THE ORDINANCE AS
READ. ROLL CALL: ALL AYES. CARRIED.
c) Ordinance No. 6128: An ordinance of the City of Renton, Washington, amending Subsections
4-2-060.D, 4-2-060.G, 4-2-080.A.88, 4-2-080.A.89, 4-2-110A, 4-2-110C, 4-3-050C.3, 4-3-
090D.2.c, 4-3-090E.1, 4-6-060.D, 4-9-190.C.1, 4-9-250.C.5, and 4-11-040.QQ of the Renton
Municipal Code; amending Sections 4-11-080, 4-11-110, 4-11-160, and 4-11-200 of the
Renton Municipal Code; codifying Administrative Code Interpretations from July 1, 2022 to
July 5, 2023; providing for severability; and establishing an effective date.
MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL ADOPT THE ORDINANCE AS
READ. ROLL CALL: ALL AYES. CARRIED.
d) Ordinance No. 6129: An ordinance of the City of Renton, Washington, adding a new Section
5-27-035 to the Renton Municipal Code imposing an additional Sales and Use Tax of one-
tenth of one percent within the boundaries of the Renton Transportation Benefit District for
the purpose of financing the costs associated with transportation improvements in the
District as authorized by RCW 36.73.065 and RCW82.14.0455;providingforseverability,
authorizing corrections, and establishing an effective date.
MOVED BY O'HALLORAN, SECONDED BY PRINCE, COUNCIL ADOPT THE
ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED.
AGENDA ITEM #6. a)
December 11, 2023 REGULAR COUNCIL MEETING MINUTES
NEW BUSINESS
(Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more information.)
MOVED BY PÉREZ, SECONDED BY O'HALLORAN, COUNCIL APPOINT
COUNCILMEMBER RYAN MCIRVIN TO THE RENTON REGIONAL FIRE AUTHORITY
GOVERNING BOARD WITH A TERM OF JANUARY 1, 2024, THROUGH DECEMBER
31, 2026. *
Councilmember Vǎn recommended that Councilmember Rivera be appointed
instead, explaining that it is important for all councilmembers, especially newer
councilmembers, to have a chance to be on the board.
*MOTION CARRIED
AYES: PÉREZ, O’HALLORAN, ALBERSON, RIVERA, MCIRVIN, PRINCE
NOES: VǍN
EXECUTIVE SESSION & ADJOURNMENT
MOVED BY O'HALLORAN, SECONDED BY PRINCE, COUNCIL RECESS INTO
EXECUTIVE SESSION FOR APPROXIMATELY 45 MINUTES TO DISCUSS LABOR
NEGOTIATIONS PURSUANT TO RCW 42.30.140(4)(B). CARRIED. Time: 8:15 PM
Executive session was conducted, and no official action was taken. The Council
meeting adjourned when the executive session adjourned. Time: 8:35 PM
Jason A. Seth, MMC, City Clerk
Jason Seth, Recorder
11 Dec 2023
AGENDA ITEM #6. a)
Council Committee Meeting Calendar
December 11, 2023
December 18, 2023
Monday
Council Holiday – No Meetings
December 25, 2023
Monday
Christmas Holiday – No Meetings
January 1, 2024
Monday
New Year’s Day Holiday – No Meetings
January 8, 2024
Monday
3:15 PM * Community Services Committee, Chair Alberson
Location: Council Conference Room/Videoconference
1. Appointments to Renton Municipal Arts Commission
2. May Creek Park Master Plan Project Update*
4:00 PM * Finance Committee, Chair O’Halloran
Location: Council Conference Room/Videoconference
1. Vouchers
2. Emerging Issues in Finance
4:45 PM * Planning & Development Committee, Chair Pérez
Location: Council Conference Room/Videoconference
1. Planning Update
2. Emerging Issues in CED
6:00 PM * Committee of the Whole, Chair Prince
Location: Council Chambers/Videoconference
1. Allocation of Lodging Tax Funding for 2024
2. Washington State Department of Transportation Update *
7:00 PM Council Meeting
Location: Council Chambers/Videoconference
* updated 01/03/24
AGENDA ITEM #6. a)
AB - 3482
City Council Regular Meeting - 08 Jan 2024
SUBJECT/TITLE: 2024 Legislative Agenda
RECOMMENDED ACTION: Council Concur
DEPARTMENT: Mayor Pavone
STAFF CONTACT: Ed VanValey, Chief Administrative Officer
EXT.: 6500
FISCAL IMPACT SUMMARY:
None
SUMMARY OF ACTION:
Prior to each state legislative session, the City Council considers documents that summarize the city's position
on current state issues. The 2024 Legislative Agenda serves as guidance for city staff as they work with
legislators to achieve city goals.
EXHIBITS:
A. 2024 Legislative Agenda
STAFF RECOMMENDATION:
Adopt the 2024 Legislative Agenda as proposed.
AGENDA ITEM #6. b)
CITY OF RENTON // KEY PRIORITIES
2024 State Legislative Agenda
Active Involvement in Ensuring 2022 “Move Ahead
Washington” funding for active transportation and
transit projects in and near Renton can be deployed
as early as possible: The landmark “Move Ahead
Washington” package enacted by the 2022 Legislature
will invest $16.9 billion over 16 years in our state’s
transportation system. However, while the Legislature
approved the package in 2022, it left to the 2023
Legislature the work of formally appropriating funds for
active transportation and transit projects and programs
and scheduling out those investments over the 16-year
period. The city will actively work to ensure that key projects
within the “Move Ahead” package – such as Eastrail corridor
investments that included a $6 million allocation to extend
the multi-use trail to the South Coulon Park/Southport
entrance in Renton – receive appropriations that enable
them to get underway as soon as possible.
Request that Funding already committed by
Legislature to WSDOT projects benefitting Renton
community are not reallocated due to funding
shortfalls on other 405 related Projects. The cost of
construction has increased substantially in the last couple
of years and that funding shortfalls on the Brickyard
to SR527 Project and SR 167 Corridor Improvement
Project of approx. $250-275 million. This could be seen
as a reason to reallocate funding from other projects
scheduled out in future years (i.e., $250 Million planned
for N. 8th Street Direct Access in Renton).
Request Funding for
Infrastructure to address
traffic speeding in
our communities. The
increase in driver speed
and increased number of
collisions have gone up
since the pandemic days.
With more employees
coming back to in-office
work we have seen an increase in the number of
requests to address speeding in our communities. Law
Enforcement has tried to address these issues but cannot
be at all places with other emergencies taking away time.
Would look for the funding of infrastructure for physical
improvements that have shown to reduce a driver’s
speed such as speed warning signs, speed humps, bulb
outs and chicanes etc.
Racial Justice & Equity – Seeking Outside Funding & Tools
Continue to seek outside funding and tools:
Renton will continue to strongly support legislative
initiatives and funding proposals that can assist the City’s
programs in advancing racial justice and equity and
to deploy additional resources for affordable housing
and human needs. The City will be poised to support
legislative initiatives to enable the establishment of
“Housing Benefit Districts,” to enhance funding through
the Housing Trust Fund, and to amend state statutes to
better allow surplus property to be provided to those
financing affordable homeownership projects.
Transportation Infrastructure
AGENDA ITEM #6. b)
CITY OF RENTON // 2024 LEGISLATIVE AGENDA
Issues to Support/Oppose or Track/Monitor
Budget and Fiscal
Renton will:
Work to protect “state-shared” and other
revenue streams for local governments.
Protect against initiatives which would under-
mine local B&O tax revenues and authority. This
includes strong concerns over the redefining of
B&O tax treatment of royalties.
Strongly support the continuation of a
$20 million funding allocation in the 2021-23
Operating Budget that helped offset costs
of new police reform and public safety bills
enacted by the Legislature. Those costs are still
a major factor for local governments.
Support efforts to revise a 3 percent property
tax cap that is arbitrary in nature and leaves
local governments unable to keep pace with
inflationary cost increases. Renton supports
legislation to instead institute a cap that can be
based on inflationary indexes and population
growth. (AWC priority for 2024)
Criminal Justice/Public Safety/
Fire/Courts/Behavioral Health
Renton will:
Strongly support legislation to refine statutes
on police vehicle pursuits.
Strongly support enhanced funding for
community-based behavioral health facilities.
Support legislation to take next steps to crack
down on catalytic converter thefts.
Support legislation brought forth by Municipal
Court Administrators to continue authority
(otherwise due to expire Jan. 1, 2023) to retain
minor over-payments of up to $10 made in
connection with any litigation, traffic matters,
and criminal and non-criminal matters.
Oppose efforts to place unnecessary limita-
tions or remove current authority to utilize
traffic safety cameras.
Support increased funding for courts, espe-
cially to offset a sharp spike in interpreter costs.
Support civil-remedy statutory protections for
those victimized by malicious “doxing.”
Support a statewide request for funding to
enable services for crime victims including
sexual assault and domestic violence – partic-
ularly given decreasing and unstable federal
funding through the Victims of Crime Act
(VOCA).
Support: WASPC will be helping to construct
legislation around recruitment and retention
funding and support for law enforcement,
which may look like a 0.1% tax (similar to 1590
funds) or an additional fee to permits for law
enforcement services (like fire). This is similar
to SB 5841 that was introduced in the 2023
session, authorizing cities to levee a 0.1%
sales tax. Goal is to bring Washington State
law enforcement agencies staffing to national
average (currently last among the 50 states
and DC).
Economic Development/
Infrastructure/Affordable
Housing/Homelessness
Renton will:
Support measures, tools, and funding to help
local communities address affordable housing
and housing stability, including permanent
shelter space and other fund sources for
vulnerable residents and those experiencing
homelessness.
Support initiatives to restore previously
diverted funds to the Public Works Assistance
Account.
Support efforts to add new investments toward
fish-barrier and culvert removal projects.
Environmental Sustainability
Renton will:
Support initiatives to enhance recycling and
safe-packaging practices and bolster disposal
of manufactured goods through the Product
Stewardship Program.
Support efforts to advance the work of
the “K4C” (King County-Cities Climate
Collaboration) of which Renton is a member.
Monitor legislation to incentivize the use of
zero-emission equipment for maintenance
needs such as mowing, weeding, etc. Renton
would prefer to see incentive-based solutions
rather than hard mandates on future purchasing.
Land-Use/GMA
Renton will:
Ask legislators to allow cities time to imple-
ment recently adopted planning and zoning
changes consistent with comprehensive plan
update process. Provide adequate time, tech-
nical and financial support for land use and
planning requirements.
Retain local authority of parking regulations
and the ability to maintain a minimum and
maximum number of off-street spaces.
Promote Transit-Oriented Development while
retaining zoning discretion for station areas
served by non-fixed Bus Rapid Transit service
(i.e., King County RapidRide) and advocate for
reduced instead of eliminated off-street parking
regulations in station areas to support EV
charging, rideshare vehicles, and local conditions.
Support statutory changes to increase the
number of new condominiums inside cities and
incentivize reuse of existing multi-story build-
ings for condo ownership.
Support changes to the state’s Energy Code to
decrease costs for projects such as conversions.
Retain local authority over permitting of small-
cell development.
Support legislation, if brought forward, that
would make statutory changes to better enable
redevelopment of WSDOT-owned park-and-
ride facilities.
Local Government in General
Renton will:
Support Public Records Act statutory changes
to decrease the severe burden being put on
cities and to enhance cost-recovery – especially
with request to broad and time-consuming
requests.
Support statutory changes that would limit the
number of years e-mail records must be stored
and retrieved.
Parks and Recreation,
Arts & Culture
Renton will:
Strongly support robust investments in the
Capital Budget for outdoor recreation programs
such as the Washington Wildlife & Recreation
Program (WWRP), Youth Athletic Facilities (YAF),
Aquatic Lands Enhancement Act (ALEA), Land
and Water Conservation Fund (LWCF), etc.
Strongly support robust investment in capital
budget programs that help fund arts and
culture and historic facilities, including Building
for the Arts and Heritage grants.
Support using a one-time, $42 million alloca-
tion to the Recreation & Conservation Office
(from a prior Stadium & Exhibition Center
Account) for youth facilities, local parks mainte-
nance needs, and advances in equitable access
to outdoor spaces.
Support a Washington Recreation & Park
Association (WRPA) initiative to include
$5 million in the 2023-25 Operating Budget to
help local parks agencies in addressing mainte-
nance backlogs.
Support continued COVID-relief grants and
assistance for hard-hit arts-and-culture sector
businesses, performing venues, etc.
Transportation
Renton will:
Support legislative and funding requests that
would enhance funding for local roadway main-
tenance and add funding for agencies such as
the Transportation Improvement Board (TIB).
Water-Wastewater-Stormwater-
Utilities in General
Renton will:
Join with a broad array of local governments
and local government associations that
continue to have concerns over cost impacts of
a Department of Ecology “Puget Sound General
Nutrient Permit” that took effect Jan. 1, 2022.
The concerns include what impact the permit
will have on utility rates, on growth and density
expectations, and more. Renton would support
a legislative review or study of the Permit to see
if it should be fine-tuned.
AGENDA ITEM #6. b)
AB - 3484
City Council Regular Meeting - 08 Jan 2024
SUBJECT/TITLE: Senior Citizen Advisory Board Reappointments: Cochran-Reep,
Haddock, Polley
RECOMMENDED ACTION: Council Concur
DEPARTMENT: Mayor Pavone
STAFF CONTACT: April Alexander, Executive Assistant
EXT.: x6520
FISCAL IMPACT SUMMARY:
None
SUMMARY OF ACTION:
Mayor Pavone reappoints Marge Cochran-Reep, Shirley Haddock, and Sandy Polley to the Senior Citizen
Advisory Board for a term expiring 12/31/26.
EXHIBITS:
A. Recommendation Memo
STAFF RECOMMENDATION:
Confirm Mayor Pavone's reappointments of Ms. Cochran-Reep, Ms. Haddock and Ms. Polley to the Senior Citizen
Advisory Board for a term expiring 12/31/26.
AGENDA ITEM #6. c)
Parks & Recreation
Department Memorandum
DATE:December 11, 2023
TO:Armondo Pavone, Mayor
CC:Ed VanValey, Chief Administrative Officer
Jason Seth, City Clerk
Carrie Nass, Recreation Director
Sean Claggett, Recreation Supervisor, Advisory Board Liaison
FROM:Maryjane Van Cleave, Parks and Recreation Administrator
SUBJECT:Re-Appointments to Renton Senior Citizen Advisory Board
I, along with staff, would like to request your consideration to recommend to the City
Council the re-appointment of the following Renton Senior Citizen Advisory board members.
The board has three terms scheduled to expire December 31, 2023. Staff have confirmed
with each board member holding an expiring term of their interest and eagerness to
continue to volunteer in this capacity as advocates and ambassadors for the city in support
of senior programs, activities, and initiatives for another term of three years.
Position 12 Sandy Poley............................New Term will expire 12/31/2026
Position 13 Shirley Haddock......................New Term will expire 12/31/2026
Position 7 Marge Cochran-Reep.............New Term will expire 12/31/2026
Thank you for considering my team’s recommendation for reappointments to the Renton
Senior Citizen Advisory Board. We are fortunate for these community members to volunteer
their time in this board capacity and be a valuable advisory proponent for the city’s senior
citizen cares and concerns.
If you would like more information, contact Sean Claggett at x6632.
cc: Carrie Nass, Recreation Director
Sean Claggett, Recreation Supervisor
Aliena Shoemaker, Administrative Secretary I
April Alexander, Executive Assistant
Casaundra Sauls, City Clerk Specialist II
AGENDA ITEM #6. c)
AB - 3490
City Council Regular Meeting - 08 Jan 2024
SUBJECT/TITLE: State and Local Cybersecurity Grant Program (SLCGP)
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Executive Services Department
STAFF CONTACT: Brett Tietjen, Network Systems Manager
EXT.: 6873
FISCAL IMPACT SUMMARY:
Amount Budgeted: $0.00
Revenue Generated: $105,000
The Executive Services Department has been awarded funding from the State and Local Cybersecurity Grant
Program (SLCGP) in the amount of $105,000. There is no grant match required for the acceptance of these
funds. Authorization is requested for additional budget appropriates for the Information Technology Division
in the amount of $105,000 offset by additional grant funds of the same amount.
SUMMARY OF ACTION:
Funds from this grant will be used for two cybersecurity improvements.
1. Implement an IT Asset Management (ITAM) solution that provides Attack Surface Management (ASM) with
real-time scans and Asset Vulnerability Management (AVM) with risk assignment based on context.
This implementation will be a net-new addition to our cybersecurity stack, and will be completed with the
assistance of a third-party vendor. At a high level, the solution will be installed/connected (if SAAS), initial
asset inventory will be taken, and vulnerabilities identified. Processes will then be put in place to remediate
and/or tune to avoid false positives. Rules to identify and route or deny traffic from rogue devices will be put
in place to help protect against potentially malicious activity from unmanaged assets.
2. Cyber and Physical Penetration Testing - Work with 3rd party vendor to perform penetration testing on our
systems using both digital and physical means (social engineering, etc.). This project will help us evaluate
where we have improved over the past few years from previous and ongoing cybersecurity initiatives, as well
as provide us with pertinent information to help drive future cybersecurity projects and investments.
EXHIBITS:
A. SLCGP Contract E24-204
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to sign the State and Local Cybersecurity Grant Program contract E24-204
and approve the 2024 budget adjustment of $105,000.
AGENDA ITEM #6. d)
DHS-FEMA-SLCGP-FY22 Page 1 of 37 City of Renton, E24-204
Washington Military Department
STATE AND LOCAL CYBERSECURITY GRANT PROGRAM AGREEMENT FACE SHEET
1.Subrecipient Name and Address:
City of Renton
1055 S. Grady Way
Renton, WA 98057
2.Grant Agreement Amount:
$105,000
3.Grant Agreement Number:
E24-204
4.Subrecipient Contact, phone/email:
Brett Tietjen, 425-430-6873
btietjen@rentonwa.gov
5.Grant Agreement Start Date:
December 1, 2022
6.Grant Agreement End Date:
July 31, 2024
7.Department Contact, phone/email:
Deborah Henderson, 253-512-7470
deborah.henderson@mil.wa.gov
8.Unique Entity Identifier (UEI):
UG2PSBS6UJJ3
9.UBI # (state revenue):
170-000-094
10.Funding Authority:
Washington Military Department (the Department) and the U.S. Department of Homeland Security (DHS)
11.Federal Funding Identification #:
EMW-2022-CY-00017
12.Federal Award Date:
12/21/2022
13.Assistance Listings # & Title:
97.137 – 22SLCGP
14. Total Federal Award Amount:
$3,666,530
15. Program Index # & OBJ/SUB-OBJ:
725C3 (State), 725C4 (Local-Rural), 725C5 (Local-Not Rural) / NZ
16. EIN
91-6001271
17.Service Districts:
BY LEGISLATIVE DISTRICTS: 41
BY CONGRESSIONAL DISTRICTS: 9
18.Service Area by County(ies):
King
19.Women/Minority-Owned, State
Certified: ☒ N/A ☐ NO
☐YES, OMWBE #_________
20. Agreement Classification☐Personal Services ☐ Client Services ☒ Public/Local Gov’t☐Research/Development ☐ A/E ☐ Other_______
21. Contract Type (check all that apply):
☐Contract ☒Grant ☒Agreement
☐Intergovernmental (RCW 39.34)☐Interagency
22.Subrecipient Selection Process:
☒“To all who apply & qualify”☐Competitive Bidding
☐Sole Source ☐A/E RCW ☐ N/A
☐Filed w/OFM? ☐ Advertised? ☐ YES ☐NO
23. Subrecipient Type (check all that apply)
☐Private Organization/Individual ☐For-Profit
☒Public Organization/Jurisdiction ☐Non-Profit
☐CONTRACTOR ☒ SUBRECIPIENT ☐ OTHER
24. PURPOSE & DESCRIPTION:
The goal of the Federal Fiscal Year (FFY) 2022 State and Local Cybersecurity Grant Program (22SLCGP) is to assist state, local, and territorial
(SLT) governments with managing and reducing systemic cyber risk. Strengthening cybersecurity practices and resilience of SLT
governments is an important homeland security mission and the primary focus of the SLCGP. Through funding from the Infrastructure
Investment and Jobs Act (IIJA), also known as the Bipartisan Infrastructure Law (BIL), the SLCGP enables DHS to make targeted cybersecurity
investments in SLT government agencies, thus improving the security of critical infrastructure and improving the resilience of the services.
The Department is the Recipient and Pass-through Entity of the 22SLCGP DHS Award Letter for Grant No. EMW-2022-CY-00017 (“Grant”),
which is incorporated in and attached hereto as Attachment C and has made a subaward of funds to the Subrecipient pursuant to this
Agreement. The Subrecipient is accountable to the Department for use of Federal award funds provided under this Agreement.
IN WITNESS WHEREOF, the Department and Subrecipient acknowledge and accept the terms of this Agreement, including all referenced attachments
which are hereby incorporated, and have executed this Agreement as of the date below. This Agreement Face Sheet; Special Terms & Conditions
(Attachment A); General Terms and Conditions (Attachment B); DHS Award Letter (Attachment C), Work Plan (Attachments D), Budget (Attachment E),
Timeline (Attachment F); and all other documents and attachments expressly referenced and incorporated herein contain all the terms and conditions agreed
upon by the parties and govern the rights and obligations of the parties to this Agreement. No other understandings, oral or otherwise, regarding the subject
matter of this Agreement shall be deemed to exist or to bind any of the parties.
In the event of an inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following
order:
1. Applicable federal and state statutes and regulations 4.Special Terms and Conditions
2.DHS/FEMA Award and program documents 5.General Terms and Conditions, and,
3.Work Plan, Timeline, and Budget 6.Other provisions of the Agreement incorporated by reference.
WHEREAS, the parties have executed this Agreement on the day and year last specified below.
FOR THE DEPARTMENT:
______________________________________________
Signature Date
Regan Anne Hesse, Chief Financial Officer
Washington Military Department
BOILERPLATE APPROVED TO FORM:
Alex Staub 10/25/2023
Assistant Attorney General
FOR THE SUBRECIPIENT:
__________________________________________
Signature Date
Armondo Pavone, Mayor
ATTESTED:________________________________
Signature Date
Jason Seth, City Clerk
APPROVED AS TO FORM (if applicable):
_________________________________________
Signature Date
Shane Maloney, City Attorney
AGENDA ITEM #6. d)
DHS-FEMA-SLCGP-FY22 Page 2 of 37 City of Renton, E24-204
Attachment A
SPECIAL TERMS AND CONDITIONS
ARTICLE I. KEY PERSONNEL The individuals listed below shall be considered key personnel for point of contact under this Agreement. Any substitution of key personnel by either party shall be made by written notification to the current key personnel.
SUBRECIPIENT DEPARTMENT
Name Brett Tietjen Name Deborah Henderson
Title Network Systems Manager Title Program Coordinator
Email btietjen@rentonwa.gov Email deborah.henderson@mil.wa.gov
Phone 425-430-6873 Phone 253-512-7470
Name Young Yoon Name Sierra Wardell
Title IT Director Title Financial Operations Section Manager
Email yyoon@rentonwa.gov Email sierra.wardell@mil.wa.gov
Phone 425-430-6886 Phone 253-512-7121
Name Name Grant Miller
Title Title Program Assistant
Email Email grant.miller@mil.wa.gov
Phone Phone 253-512-7145
ARTICLE II. ADMINISTRATIVE AND/OR FINANCIAL REQUIREMENTS
The Subrecipient shall comply with all applicable state and federal laws, rules, regulations, requirements and
program guidance identified or referenced in this Agreement and the informational documents published by
DHS/FEMA applicable to the 22SLCGP, including, but not limited to, all criteria, restrictions, and requirements
of “The Department of Homeland Security Notice of Funding Opportunity Fiscal Year 2022 State and Local
Cybersecurity Grant Program” (hereafter “the NOFO”) document, the DHS Award Letter for the Grant, and the
federal regulations commonly applicable to DHS/FEMA grants, all of which are incorporated herein by reference.
The DHS Award Letter is incorporated in this Agreement as Attachment C.
The Subrecipient acknowledges that since this Agreement involves federal award funding, the period of
performance may begin prior to the availability of appropriated federal funds. The Subrecipient agrees that it will
not hold the Department, the State of Washington, or the United States liable for any damages, claim for
reimbursement, or any type of payment whatsoever for services performed under this Agreement prior to
distribution of appropriated federal funds, or if federal funds are not appropriated or in a particular amount.
A.STATE AND FEDERAL REQUIREMENTS FOR DHS/FEMA PREPAREDNESS GRANTS:
The following requirements apply to all DHS/FEMA Preparedness Grants administered by the Department.
1.SUBAWARDS & CONTRACTS BY SUBRECIPIENTS
a. The Subrecipient must make a case-by-case determination whether each agreement it makes for
the disbursement of 22SLCGP funds received under this Agreement casts the party receiving the
funds in the role of a subrecipient or contractor in accordance with 2 CFR 200.331.
b.If the Subrecipient also becomes a pass-through entity by making a subaward to a non-federal
entity as its subrecipient, the Subrecipient must make a case-by-case determination whether each
agreement it makes for the disbursement of 22SLCGP funds received under this Agreement casts
the party receiving the funds in the role of a subrecipient or contractor in accordance with 2 CFR
200.330.
i.The Subrecipient must comply with all federal laws and regulations applicable to pass-
through entities of 22SLCGP funds, including, but not limited to, those contained in 2 CFR
200.
ii.The Subrecipient shall require its subrecipient(s) to comply with all applicable state and
federal laws, rules, regulations, requirements and program guidance identified or referenced
in this Agreement and the informational documents published by DHS/FEMA applicable to
the 22SLCGP Program, including, but not limited to, all criteria, restrictions, and
AGENDA ITEM #6. d)
DHS-FEMA-SLCGP-FY22 Page 3 of 37 City of Renton, E24-204
requirements of the NOFO , the DHS Award Letter for the Grant in Attachment C, and the
federal regulations commonly applicable to DHS/FEMA grants.
iii. The Subrecipient shall be responsible to the Department for ensuring that all 22SLCGP
federal award funds provided to its subrecipients are used in accordance with applicable
federal and state statutes and regulations, and the terms and conditions of the federal award
set forth in Attachment C of this Agreement.
2. BUDGET, REIMBURSEMENT, AND TIMELINE
a. Within the total Grant Agreement Amount, travel, subcontracts, salaries, benefits, printing,
equipment, and other goods and services or other budget categories will be reimbursed on an
actual cost basis upon completion unless otherwise provided in this Agreement.
b. The maximum amount of all reimbursement requests permitted to be submitted under this
Agreement, including the final reimbursement request, is limited to and shall not exceed the total
Grant Agreement Amount.
c. If the Subrecipient chooses to include indirect costs within the Budget (Attachment E), additional
documentation is required based on the applicable situation. As described in 2 CFR 200.414 and
Appendix VII to 2 CFR 200:
i. If the Subrecipient receives direct funding from any Federal agency(ies), documentation of
the rate must be submitted to the Department Key Personnel per the following:
A. More than $35 million, the approved indirect cost rate agreement negotiated with its
federal cognizant agency.
B. Less than $35 million, the indirect cost proposal developed in accordance with
Appendix VII of 2 CFR 200 requirements.
ii. If the Subrecipient does not receive direct federal funds (i.e., only receives funds as a
subrecipient), the Subrecipient must either elect to charge a de minimis rate of ten percent
(10%) or 10% of modified total direct costs or choose to negotiate a higher rate with the
Department. If the latter is preferred, the Subrecipient must contact Department Key
Personnel for approval steps.
d. For travel costs, the Subrecipient shall comply with 2 CFR 200.475 and should consult their
internal policies, state rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing
or amended, and federal maximum rates set forth at https://www.gsa.gov, and follow the most
restrictive. If travel costs exceed set state or federal limits, travel costs shall not be reimbursed
without prior written approval by Department Key Personnel.
e. Reimbursement requests will include a properly completed State A-19 Invoice Form and
Reimbursement Spreadsheet (in the format provided by the Department) detailing the
expenditures for which reimbursement is sought. Reimbursement requests must be submitted to
Reimbursements@mil.wa.gov no later than the due dates listed within the Timeline (Attachment
F).
Reimbursement request totals should be commensurate to the time spent processing by the
Subrecipient and the Department.
f. Receipts and/or backup documentation for any approved items that are authorized under this
Agreement must be maintained by the Subrecipient consistent with record retention requirements
of this Agreement and be made available upon request by the Department, and federal, state,
and local auditors.
g. The Subrecipient must request prior written approval from Department Key Personnel to waive
or extend a due date in the Timeline (Attachment F). For waived or extended reimbursement due
dates, all allowable costs should be submitted on the next scheduled reimbursement due date
contained in the Timeline. Waiving or missing deadlines serves as an indicator for assessing an
agency’s level of risk of noncompliance with the regulations, requirements, and the terms and
conditions of the Agreement and may increase required monitoring activities. Any request for a
waiver or extension of a due date in the Timeline will be treated as a request for Amendment of
AGENDA ITEM #6. d)
DHS-FEMA-SLCGP-FY22 Page 4 of 37 City of Renton, E24-204
the Agreement. This request must be submitted to the Department Key Personnel sufficiently in
advance of the due date to provide adequate time for Department review and consideration and
may be granted or denied within the Department’s sole discretion.
h. All work under this Agreement must end on or before the Grant Agreement End Date, and the
final reimbursement request must be submitted to the Department within the time period notated
in the Timeline (Attachment F), except as otherwise authorized by either (1) written amendment
of this Agreement or (2) written notification from the Department to the Subrecipient to provide
additional time for completion of the Subrecipient’s subproject(s).
i. No costs for purchases of equipment/supplies will be reimbursed until the related
equipment/supplies have been received by the Subrecipient, its contractor, or any non-federal
entity to which the Subrecipient makes a subaward and is invoiced by the vendor.
j. Failure to submit timely, accurate, and complete reports and reimbursement requests as required
by this Agreement (including, but not limited to, those reports in the Timeline [Attachment F]) will
prohibit the Subrecipient from being reimbursed until such reports are submitted and the
Department has had reasonable time to conduct its review.
k. Final reimbursement requests will not be approved for payment until the Subrecipient is current
with all reporting requirements contained in this Agreement.
l. A written amendment will be required if the Subrecipient expects cumulative transfers among
solution area totals, as identified in the Budget (Attachment E), to exceed ten percent (10%) of
the Grant Agreement Amount. Any changes to solution area totals not in compliance with this
paragraph will not be reimbursed without approval from the Department.
m. Subrecipients shall only use federal award funds under this Agreement to supplement existing
funds and will not use them to replace (supplant) non-federal funds that have been budgeted for
the same purpose. The Subrecipient may be required to demonstrate and document that the
reduction in non-federal resources occurred for reasons other than the receipt or expected receipt
of federal funds.
3. REPORTING
a. With each reimbursement request, the Subrecipient shall report how the expenditures, for which
reimbursement is sought, relate to the Work Plan (Attachments D) activities in the format provided
by the Department.
b. With the final reimbursement request, the Subrecipient shall submit to the Department Key
Personnel a final report (in the format provided by the Department) describing all completed
activities under this Agreement.
c. The Subrecipient shall comply with the Federal Funding Accountability and Transparency Act
(FFATA) and related OMB Guidance consistent with Public Law 109-282 as amended by section
6202(a) of Public Law 110-252 (see 31 U.S.C. 6101 note) and complete and return to the
Department an Audit Certification/FFATA Form. This form is required to be completed once per
calendar year, per Subrecipient, and not per agreement. The Department’s Contracts Office will
request the Subrecipient submit an updated form at the beginning of each calendar year in which
the Subrecipient has an active agreement.
4. EQUIPMENT AND SUPPLY MANAGEMENT
a. The Subrecipient and any non-federal entity to which the Subrecipient makes a subaward shall
comply with 2 CFR 200.317 through 200.327 when procuring any equipment or supplies under
this Agreement, 2 CFR 200.313 for management of equipment, and 2 CFR 200.314 for
management of supplies, to include, but not limited to:
i. Upon successful completion of the terms of this Agreement, all equipment and supplies
purchased through this Agreement will be owned by the Subrecipient, or a recognized non-
federal entity to which the Subrecipient has made a subaward, for which a contract,
subrecipient grant agreement, or other means of legal transfer of ownership is in place.
ii. All equipment, and supplies as applicable, purchased under this Agreement will be recorded
and maintained in the Subrecipient’s inventory system.
AGENDA ITEM #6. d)
DHS-FEMA-SLCGP-FY22 Page 5 of 37 City of Renton, E24-204
iii. Inventory system records shall include:
A. Description of the property;
B. Manufacturer’s serial number, model number, or other identification number;
C. Funding source for the property, including the Federal Award Identification Number
(FAIN) (Face Sheet, Box 11);
D. Assistance Listings Number (Face Sheet, Box 13);
E. Who holds the title;
F. Acquisition date;
G. Cost of the property and the percentage of federal participation in the cost;
H. Location, use and condition of the property at the date the information was reported;
I. Disposition data including the date of disposal and sale price of the property.
iv. The Subrecipient shall take a physical inventory of the equipment, and supplies as
applicable, and reconcile the results with the property records at least once every two years.
Any differences between quantities determined by the physical inspection and those shown
in the records shall be investigated by the Subrecipient to determine the cause of the
difference. The Subrecipient shall, in connection with the inventory, verify the existence,
current utilization, and continued need for the equipment.
v. The Subrecipient shall be responsible for any and all operational and maintenance
expenses and for the safe operation of the equipment and supplies including all questions
of liability. The Subrecipient shall develop appropriate maintenance schedules and
procedures to ensure the equipment, and supplies as applicable, are well-maintained and
kept in good operating condition.
vi. The Subrecipient shall develop a control system to ensure adequate safeguards to prevent
loss, damage, and theft of the property. Any loss, damage, or theft shall be investigated,
and a report generated and sent to the Department’s Key Personnel.
vii. The Subrecipient must obtain and maintain all necessary certifications and licenses for the
equipment.
viii. If the Subrecipient is authorized or required to sell the property, proper sales procedures
must be established and followed to ensure the highest possible return. For disposition, if
upon termination or at the Grant Agreement End Date, when original or replacement
supplies or equipment acquired under a federal award are no longer needed for the original
project or program or for other activities currently or previously supported by a federal
awarding agency, the Subrecipient must comply with the following procedures:
A. For Supplies: If there is a residual inventory of unused supplies exceeding $5,000 in
total aggregate value upon termination or completion of the project or program and the
supplies are not needed for any other federal award, the Subrecipient must retain the
supplies for use on other activities or sell them, but must, in either case, compensate
the federal government for its share. The amount of compensation must be computed
in the same manner as for equipment.
B. For Equipment:
1) Items with a current per-unit fair-market value of five thousand dollars ($5,000) or
less may be retained, sold, transferred, or otherwise disposed of with no further
obligation to the federal awarding agency.
2) Items with a current per-unit fair-market value in excess of five thousand dollars
($5,000) may be retained or sold. The Subrecipient shall compensate the federal
awarding agency in accordance with the requirements of 2 CFR 200.313 (e) (2).
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ix. Records for equipment shall be retained by the Subrecipient for a period of six (6) years
from the date of the disposition, replacement, or transfer. If any litigation, claim, or audit is
started before the expiration of the six- (6-) year period, the records shall be retained by the
Subrecipient until all litigation, claims, or audit findings involving the records have been
resolved.
b. The Subrecipient shall comply with the Department’s Purchase Review Process, which is
incorporated by reference and made part of this Agreement. No reimbursement will be provided
unless the appropriate approval has been received.
c. Unless expressly provided otherwise, all equipment must meet all mandatory regulatory and/or
DHS/FEMA adopted standards to be eligible for purchase using federal award funds.
d. If funding is allocated to support emergency communications activities, the Subrecipient must
ensure that all projects comply with SAFECOM Guidance on Emergency Communications
Grants, located at https://www.cisa.gov/safecom/funding, including provisions on technical
standards that ensure and enhance interoperable communications.
e. Effective August 13, 2020, FEMA recipients and subrecipients, as well as their contractors and
subcontractors, may not obligate or expend any FEMA award funds to:
i. Procure or obtain any equipment, system, or service that uses covered telecommunications
equipment or services as a substantial or essential component of any system, or as critical
technology of any system;
ii. Enter into, extend, or renew a contract to procure or obtain any equipment, system, or
service that uses covered telecommunications equipment or services as a substantial or
essential component of any system, or as critical technology of any system; or
iii. Enter into, extend, or renew contracts with entities that use covered telecommunications
equipment or services as a substantial or essential component of any system, or as critical
technology as part of any system.
This prohibition regarding certain telecommunications and video surveillance services or
equipment is mandated by section 889 of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115-232 (2018) and 2 CFR 200.216, 200.327,
200.471, and Appendix II to 2CFR200. Recipients and subrecipients may use DHS/FEMA grant
funding to procure replacement equipment and services impacted by this prohibition, provided
the costs are otherwise consistent with the requirements of the NOFO.
Per subsections 889(f)(2)-(3) of the FY 2019 NDAA, and 2 CFR 200.216, covered
telecommunications equipment or services means:
i. Telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation, (or any subsidiary or affiliate of such entities);
ii. For the purpose of public safety, security of government facilities, physical security
surveillance of critical infrastructure, and other national security purposes, video
surveillance and telecommunications equipment produced by Hytera Communications
Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology
Company (or any subsidiary or affiliate of such entities);
iii. Telecommunications or video surveillance services provided by such entities or using such
equipment; or
iv. Telecommunications or video surveillance equipment or services produced or provided by
an entity that the Secretary of Defense, in consultation with the Director of National
Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be
an entity owned or controlled by, or otherwise connected to, the government of a covered
foreign country.
f. The Subrecipient must pass through equipment and supply management requirements that meet
or exceed the requirements outlined above to any non-federal entity to which the Subrecipient
makes a subaward of federal award funds under this Agreement.
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5. ENVIRONMENTAL AND HISTORICAL PRESERVATION
a. The Subrecipient shall ensure full compliance with the DHS/FEMA Environmental Planning and
Historic Preservation (EHP) Program. EHP program information can be found at
https://www.fema.gov/grants/guidance-tools/environmental-historic all of which are incorporated
in and made a part of this Agreement.
b. Projects that have historical impacts or the potential to impact the environment, including, but
not limited to, construction of communication towers; modification or renovation of existing
buildings, structures, and facilities; or new construction, including replacement of facilities, must
participate in the DHS/FEMA EHP review process prior to project initiation. Modification of existing
buildings, including minimally invasive improvements such as attaching monitors to interior walls,
and training or exercises occurring outside in areas not considered previously disturbed also
require a DHS/FEMA EHP review before project initiation.
c. The EHP review process involves the submission of a detailed project description that includes
the entire scope of work, including any alternatives that may be under consideration, along with
supporting documentation so FEMA may determine whether the proposed project has the
potential to impact environmental resources and/or historic properties.
d. The Subrecipient agrees that, to receive any federal preparedness funding, all EHP compliance
requirements outlined in applicable guidance must be met. The EHP review process must be
completed and FEMA approval must be received by the Subrecipient before any work is
started for which reimbursement will be later requested. Expenditures for projects started before
completion of the EHP review process and receipt of approval by the Subrecipient may not be
reimbursed.
6. PROCUREMENT
The Subrecipient shall comply with all procurement requirements of 2 CFR 200.317 through 200.327
and as specified in the General Terms and Conditions (Attachment B, A.10).
a. For all contracts expected to exceed the simplified acquisition threshold, per 2CFR200.1, the
Subrecipient must notify the Department. The Department may request pre-procurement
documents, such as request for proposals, invitations for bids and independent cost estimates.
This requirement must be passed on to any non-federal entity to which the Subrecipient makes a
subaward, at which point the Subrecipient will be responsible for reviewing and approving sole
source justifications to any non-federal entity to which Subrecipient makes any award.
b. For all sole source contracts expected to exceed the micro-purchase threshold per 2 CFR 200.1,
the Subrecipient must submit justification to the Department for review and approval. This
requirement must be passed on to any non-federal entity to which the Subrecipient makes a
subaward, at which point the Subrecipient will be responsible for reviewing and approving sole
source justifications to any non-federal entity to which Subrecipient makes any award..
7. SUBRECIPIENT MONITORING
a. The Department will monitor the activities of the Subrecipient from award to closeout. The goal of
the Department’s monitoring activities will be to ensure that subrecipients receiving federal pass-
through funds are in compliance with this Agreement, federal and state audit requirements,
federal grant guidance, and applicable federal and state financial regulations, as well as 2 CFR
Part 200 Subpart F.
b. To document compliance with 2 CFR Part 200 Subpart F requirements, the Subrecipient shall
complete and return to the Department an Audit Certification/FFATA form. Reporting
requirements are referenced in section 3.c.
c. Monitoring activities may include, but are not limited to:
i. Review of financial and performance reports;
ii. Monitoring and documenting the completion of Agreement deliverables;
iii. Documentation of phone calls, meetings (e.g., agendas, sign-in sheets, meeting minutes), e-
mails, and correspondence;
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iv. Review of reimbursement requests and supporting documentation to ensure allowability and
consistency with Agreement Work Plan (Attachments D-1, D-2, D-3), Budget (Attachment E),
and federal requirements;
v. Observation and documentation of Agreement-related activities, such as exercises, training,
events, and equipment demonstrations; and
vi. On-site visits to review equipment records and inventories, to verify source documentation for
reimbursement requests and performance reports, and to verify completion of deliverables.
d. The Subrecipient is required to meet or exceed the monitoring activities, as outlined above, for
any non-federal entity to which the Subrecipient makes a subaward as a pass-through entity
under this Agreement.
e. Compliance will be monitored throughout the performance period to assess risk. Concerns will be
addressed through a corrective action plan.
8. LIMITED ENGLISH PROFICIENCY (CIVIL RIGHTS ACT OF 1964 TITLE VI)
The Subrecipient must comply with the Title VI of the Civil Rights Act of 1964 (Title VI) prohibition
against discrimination on the basis of national origin, which requires that subrecipients of federal
financial assistance take reasonable steps to provide meaningful access to persons with limited
English proficiency (LEP) to their programs and services. Providing meaningful access for persons
with LEP may entail providing language assistance services, including oral interpretation and written
translation. Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency (August 11, 2000), requires federal agencies to issue guidance to recipients, assisting
such organizations and entities in understanding their language access obligations. DHS published
the required recipient guidance in April 2011, DHS Guidance to Federal Financial Assistance
Recipients Regarding Title VI Prohibition against National Origin Discrimination Affecting Limited
English Proficient Persons, 76 Fed. Reg. 21755-21768, (April 18, 2011). The Guidance provides
helpful information such as how a recipient can determine the extent of its obligation to provide
language services, selecting language services, and elements of an effective plan on language
assistance for LEP persons. For additional assistance and information regarding language access
obligations, please refer to the DHS Recipient Guidance at https://www.dhs.gov/guidance-published-
help-department-supported-organizations-provide-meaningful-access-people-limited and additional
resources on https://www.lep.gov.
B. SLCGP SPECIFIC REQUIREMENTS
1. The Subrecipient must use SLCGP funds only to perform tasks as described in the Work Plan
(Attachments D) and the Subrecipient’s approved application for funding incorporated into this
Agreement.
2. Subrecipients are required to complete the Nationwide Cybersecurity Review (NCSR)
https://www.cisecurity.org/ms-isac/services/ncsr, a free, anonymous, annual self-assessment
designed to measure gaps and capabilities of a SLT’s cybersecurity programs by December 1, 2023,
to benchmark and measure progress of improvement in their cybersecurity posture. Completion
should continue annually per the Timeline (Attachment F). For more information, visit Nationwide
Cybersecurity Review (NCSR) (cisecurity.org).
3. Subrecipients are required to participate in free cyber hygiene services, specifically vulnerability
scanning and web application scanning. To register for these services, email
vulnerability@cisa.dhs.gov with the subject line “Requesting Cyber Hygiene Services – SLCGP” to
get started. Indicate in the body of your email that you are requesting this service as part of the
SLCGP. For more information, visit CISA’s Cyber Hygiene Information Page.
4. Subrecipients may retain a maximum of up to five percent of the Grant agreement Amount for
management and administration (M&A) activities, directly relating to the management and
administration of SLCGP funds, such as financial management and monitoring.
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C. DHS TERMS AND CONDITIONS
As a subrecipient of 22SLCGP funding, the Subrecipient shall comply with all applicable DHS terms and
conditions of the 22SLCGP Award Letter and its incorporated documents, which are incorporated in and
made a part of this Agreement as Attachment C.
AGENDA ITEM #6. d)
DHS-FEMA-SLCGP-FY22 Page 10 of 37 City of Renton, E24-204
Attachment B
Washington Military Department
GENERAL TERMS AND CONDITIONS
Department of Homeland Security (DHS)/
Federal Emergency Management Agency (FEMA)
Grants
A.1 DEFINITIONS
As used throughout this Agreement, the terms will have the same meaning as defined in 2 CFR 200
Subpart A (which is incorporated herein by reference), except as otherwise set forth below:
a. “Agreement” means this Grant Agreement.
b. “Department” means the Washington Military Department, as a state agency, any division,
section, office, unit or other entity of the Department, or any of the officers or other officials lawfully
representing that Department. The Department is a recipient of a federal award directly from a
federal awarding agency and is the pass-through entity making a subaward to a Subrecipient
under this Agreement.
c. “Investment” means the grant application submitted by the Subrecipient describing the project(s)
for which federal funding is sought and provided under this this Agreement. Such grant application
is hereby incorporated into this Agreement by reference.
d. “Monitoring Activities” means all administrative, financial, or other review activities that are
conducted to ensure compliance with all state and federal laws, rules, regulations, authorities and
policies.
e. “Subrecipient” when capitalized is primarily used throughout this Agreement in reference to the
non-federal entity identified on the Face Sheet of this Agreement that has received a subaward
from the Department. However, the definition of “Subrecipient” is the same as in 2 CFR 200.1 for
all other purposes.
A.2 ADVANCE PAYMENTS PROHIBITED
The Department shall make no payments in advance or in anticipation of goods or services to be provided
under this Agreement. Subrecipient shall not invoice the Department in advance of delivery and invoicing
of such goods or services.
A.3 AMENDMENTS AND MODIFICATIONS
The Subrecipient or the Department may request, in writing, an amendment or modification of this
Agreement. However, such amendment or modification shall not be binding, take effect or be
incorporated herein until made in writing and signed by the authorized representatives of the Department
and the Subrecipient. No other understandings or agreements, written or oral, shall be binding on the
parties.
The Agreement performance period shall only be extended by (1) written notification of DHS/FEMA
approval of the Award performance period, followed up with a mutually agreed written amendment, or (2)
written notification from the Department to the Subrecipient to provide additional time for completion of
the Subrecipient’s project(s).
A.4 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42 U.S.C. 12101 ET
SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE “ADA” 28 CFR Part
35.
The Subrecipient must comply with the ADA, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations, state and local
government services, and telecommunication.
A.5 ASSURANCES
The Department and Subrecipient agree that all activity pursuant to this Agreement will be in accordance
with all the applicable current federal, state and local laws, rules, and regulations.
A.6 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY
As federal funds are a basis for this Agreement, the Subrecipient certifies that the Subrecipient is not
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participating in this Agreement by any federal department or agency.
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The Subrecipient shall complete, sign, and return a Certification Regarding Debarment, Suspension,
Ineligibility, and Voluntary Exclusion form located at http://mil.wa.gov/emergency-management-
division/grants/requiredgrantforms. Any such form completed by the Subrecipient for this Agreement shall
be incorporated into this Agreement by reference.
Further, the Subrecipient agrees to comply with all applicable federal regulations concerning the federal
debarment and suspension system, including 2 CFR Part 180. The Subrecipient certifies that it will ensure
that potential contractors or subrecipients or any of their principals are not debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in “covered
transactions” by any federal department or agency. “Covered transactions” include procurement
contracts for goods or services awarded under a non-procurement transaction (e.g., grant or cooperative
agreement) that are expected to equal or exceed $25,000, and subawards to subrecipients for any
amount. With respect to covered transactions, the Subrecipient may comply with this provision by
obtaining a certification statement from the potential contractor or subrecipient or by checking the System
for Award Management (https://sam.gov/SAM/) maintained by the federal government. The Subrecipient
also agrees not to enter into any arrangements or contracts with any party on the Washington State
Department of Labor and Industries’ “Debarred Contractor List”
(https://secure.lni.wa.gov/debarandstrike/ContractorDebarList.aspx). The Subrecipient also agrees not
to enter into any agreements or contracts for the purchase of goods and services with any party on the
Department of Enterprise Services’ “Debarred Vendor List”
(http://www.des.wa.gov/services/ContractingPurchasing/Business/Pages/Vendor-Debarment.aspx).
A.7 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING
As required by 44 CFR Part 18, the Subrecipient hereby certifies that to the best of its knowledge and
belief: (1) no federally appropriated funds have been paid or will be paid by or on behalf of the
Subrecipient to any person for influencing or attempting to influence an officer or employee of an agency,
a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any federal contract, the making of any federal grant, the making of
any federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement; (2)
that if any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this
Agreement, grant, loan, or cooperative agreement, the Subrecipient will complete and submit Standard
Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions; (3) and that, as
applicable, the Subrecipient will require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly. This
certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into and is a prerequisite for making or entering into this transaction imposed by 31
U.S.C. 1352.
A.8 COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES
The Subrecipient and all its contractors and subrecipients shall comply with, and the Department is not
responsible for determining compliance with, any and all applicable federal, state, and local laws,
regulations, executive orders, OMB Circulars, and/or policies. This obligation includes, but is not limited
to: nondiscrimination laws and/or policies, Energy Policy and Conservation Act (PL 94-163, as amended),
the Americans with Disabilities Act (ADA), Age Discrimination Act of 1975, Title VI of the Civil Rights Act
of 1964, Civil Rights Act of 1968, the Robert T. Stafford Disaster Relief and Emergency Assistance Act,
(PL 93-288, as amended), Ethics in Public Service (RCW 42.52), Covenant Against Contingent Fees (48
CFR Section 52.203-5), Public Records Act (RCW 42.56), Prevailing Wages on Public Works (RCW
39.12), State Environmental Policy Act (RCW 43.21C), Shoreline Management Act of 1971 (RCW 90.58),
State Building Code (RCW 19.27), Energy Related Building Standards (RCW 19.27A), Provisions in
Buildings for Aged and Handicapped Persons (RCW 70.92), and safety and health regulations.
In the event of noncompliance or refusal to comply with any applicable law, regulation, executive order,
OMB Circular or policy by the Subrecipient, its contractors or subrecipients, the Department may rescind,
cancel, or terminate the Agreement in whole or in part in its sole discretion. The Subrecipient is
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responsible for all costs or liability arising from its failure, and that of its contractors and subrecipients, to
comply with applicable laws, regulations, executive orders, OMB Circulars or policies.
A.9 CONFLICT OF INTEREST
No officer or employee of the Department; no member, officer, or employee of the Subrecipient or its
designees or agents; no member of the governing body of the jurisdiction in which the project is
undertaken or located; and no other official of the Subrecipient who exercises any functions or
responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary
gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be
performed in connection with the project assisted under this Agreement.
The Subrecipient shall incorporate, or cause to incorporate, in all such contracts or subawards, a
provision prohibiting such interest pursuant to this provision.
A.10 CONTRACTING & PROCUREMENT
a. The Subrecipient shall use a competitive procurement process in the procurement and award of
any contracts with contractors or subcontractors that are entered into under the original
agreement award. The procurement process followed shall be in accordance with 2 CFR Part
200.318, General procurement standards, through 200.327, Contract provisions.
As required by Appendix II to 2 CFR Part 200, all contracts entered into by the Subrecipient under
this Agreement must include the following provisions, as applicable:
1) Contracts for more than the simplified acquisition threshold currently set at $250,000, which
is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and
the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908,
must address administrative, contractual, or legal remedies in instances where contractors
violate or breach contract terms, and provide for such sanctions and penalties as appropriate.
2) All contracts in excess of $10,000 must address termination for cause and for convenience
by the non-federal entity including the manner by which it will be affected and the basis for
settlement.
3) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all
contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part
60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in
accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319,
12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375,
“Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and
implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor.”
4) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program
legislation, all prime construction contracts in excess of $2,000 awarded by non-federal
entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-
3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part
5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and
Assisted Construction”). In accordance with the statute, contractors must be required to pay
wages to laborers and mechanics at a rate not less than the prevailing wages specified in a
wage determination made by the Secretary of Labor. In addition, contractors must be
required to pay wages not less than once a week. The non-federal entity must place a copy
of the current prevailing wage determination issued by the Department of Labor in each
solicitation. The decision to award a contract or subcontract must be conditioned upon the
acceptance of the wage determination. The non-federal entity must report all suspected or
reported violations to the federal awarding agency. The contracts must also include a
provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as
supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and
Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or
Grants from the United States”). The Act provides that each contractor or Subrecipient must
be prohibited from inducing, by any means, any person employed in the construction,
completion, or repair of public work, to give up any part of the compensation to which he or
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she is otherwise entitled. The non-federal entity must report all suspected or reported
violations to the federal awarding agency.
5) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable,
all contracts awarded by the non-federal entity in excess of $100,000 that involve the
employment of mechanics or laborers must include a provision for compliance with 40 U.S.C.
3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under
40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every
mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of
the standard work week is permissible provided that the worker is compensated at a rate of
not less than one and a half times the basic rate of pay for all hours worked in excess of 40
hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction
work and provide that no laborer or mechanic must be required to work in surroundings or
under working conditions which are unsanitary, hazardous or dangerous. These
requirements do not apply to the purchases of supplies or materials or articles ordinarily
available on the open market, or contracts for transportation or transmission of intelligence.
6) Rights to Inventions Made Under a Contract or Agreement. If the federal award meets the
definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or Subrecipient
wishes to enter into a contract with a small business firm or nonprofit organization regarding
the substitution of parties, assignment or performance of experimental, developmental, or
research work under that “funding agreement,” the recipient or Subrecipient must comply
with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and
Cooperative Agreements,” and any implementing regulations issued by the awarding agency.
7) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of
$150,000 must contain a provision that requires the non-federal award to agree to comply
with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42
U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C.
1251-1387). Violations must be reported to the federal awarding agency and the Regional
Office of the Environmental Protection Agency (EPA).
8) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2
CFR 180.220) must not be made to parties listed on the government-wide exclusions in the
System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180
that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR
part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the
names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties
declared ineligible under statutory or regulatory authority other than Executive Order 12549.
9) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award
exceeding $100,000 must file the required certification. Each tier certifies to the tier above
that it will not and has not used federal appropriated funds to pay any person or organization
for influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any federal contract, grant or any other award covered by 31
U.S.C. 1352. Each tier must also disclose any lobbying with non-federal funds that takes
place in connection with obtaining any federal award. Such disclosures are forwarded from
tier to tier up to the non-federal award.
10) Procurement of recovered materials – As required by 2 CFR 200.323, a non-federal entity
that is a state agency or agency of a political subdivision of a state and its contractors must
comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act. The requirements of Section 6002 include procuring only
items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part
247 that contain the highest percentage of recovered materials practicable, consistent with
maintaining a satisfactory level of competition, where the purchase price of the item exceeds
$10,000 or the value of the quantity acquired during the preceding fiscal year exceeded
$10,000; procuring solid waste management services in a manner that maximizes energy
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and resource recovery; and establishing an affirmative procurement program for
procurement of recovered materials identified in the EPA guidelines.
11) Notice of federal awarding agency requirements and regulations pertaining to reporting.
12) Federal awarding agency requirements and regulations pertaining to copyrights and rights in
data.
13) Access by the Department, the Subrecipient, the federal awarding agency, the Comptroller
General of the United States, or any of their duly authorized representatives to any books,
documents, papers, and records of the contractor which are directly pertinent to that specific
contract for the purpose of making audit, examination, excerpts, and transcriptions.
14) Retention of all required records for six years after the Subrecipient has made final payments
and all other pending matters are closed.
15) Mandatory standards and policies relating to energy efficiency which are contained in the
state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (Pub. L. 94–163, 89 Stat. 871).
16) Pursuant to Executive Order 13858 “Strengthening Buy-American Preferences for
Infrastructure Projects,” and as appropriate and to the extent consistent with law, the non-
Federal entity should, to the greatest extent practicable under a Federal award, provide a
preference for the purchase, acquisition, or use of goods, products, or materials produced in
the United States, as required in 2 CFR Part 200.322, in every contract, subcontract,
purchase order, or sub-award that is chargeable against federal financial assistance awards.
17) Per 2 C.F.R. § 200.216, prohibitions regarding certain telecommunications and video
surveillance services or equipment are mandated by section 889 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115-
232 (2018).
b. The Department reserves the right to review the Subrecipient’s procurement plans and
documents and require the Subrecipient to make changes to bring its plans and documents into
compliance with the requirements of 2 CFR Part 200.317 through 200.327. The Subrecipient
must ensure that its procurement process requires contractors and subcontractors to provide
adequate documentation with sufficient detail to support the costs of the project and to allow both
the Subrecipient and Department to make a determination on eligibility of project costs.
c. All contracting agreements entered into pursuant to this Agreement shall incorporate this
Agreement by reference.
A.11 DISCLOSURE
The use or disclosure by any party of any information concerning the Department for any purpose not
directly connected with the administration of the Department’s or the Subrecipient’s responsibilities with
respect to services provided under this Agreement is prohibited except by prior written consent of the
Department or as required to comply with the state Public Records Act, other law or court order.
A.12 DISPUTES
Except as otherwise provided in this Agreement, when a bona fide dispute arises between the parties
and it cannot be resolved through discussion and negotiation, either party may request a dispute
resolution board to resolve the dispute. A request for a dispute resolution board shall be in writing, state
the disputed issues, state the relative positions of the parties, and be sent to all parties. The board shall
consist of a representative appointed by the Department, a representative appointed by the Subrecipient,
and a third party mutually agreed upon by both parties. The determination of the dispute resolution board
shall be final and binding on the parties hereto. Each party shall bear the cost for its member of the
dispute resolution board and its attorney fees and costs and share equally the cost of the third board
member.
A.13 LEGAL RELATIONS
It is understood and agreed that this Agreement is solely for the benefit of the parties to the Agreement
and gives no right to any other party. No joint venture or partnership is formed as a result of this
Agreement.
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To the extent allowed by law, the Subrecipient, its successors or assigns, will protect, save and hold
harmless the Department, the state of Washington, and the United States Government and their
authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature
whatsoever by reason of the acts or omissions of the Subrecipient, its subcontractors, subrecipients,
assigns, agents, contractors, consultants, licensees, invitees, employees or any person whomsoever
arising out of or in connection with any acts or activities authorized by this Agreement.
To the extent allowed by law, the Subrecipient further agrees to defend the Department and the state of
Washington and their authorized agents and employees in any litigation; including payment of any costs
or attorneys' fees for any claims or action commenced thereon arising out of or in connection with acts
or activities authorized by this Agreement.
This obligation shall not include such claims, costs, damages or expenses which may be caused by the
sole negligence of the Department; provided, that if the claims or damages are caused by or result from
the concurrent negligence of (1) the Department, and (2) the Subrecipient, its agents, or employees, this
indemnity provision shall be valid and enforceable only to the extent of the negligence of the Subrecipient,
or the Subrecipient's agents or employees.
Insofar as the funding source, FEMA, is an agency of the Federal government, the following shall apply:
44 CFR 206.9 Non-liability. The Federal government shall not be liable for any claim based upon the
exercise or performance of, or the failure to exercise or perform a discretionary function or duty on the
part of a federal agency or an employee of the Federal government in carrying out the provisions of the
Stafford Act.
A.14 LIMITATION OF AUTHORITY – AUTHORIZED SIGNATURE
The signatories to this Agreement represent that they have the authority to bind their respective
organizations to this Agreement. Only the Department’s Authorized Signature representative and the
Authorized Signature representative of the Subrecipient or Alternate for the Subrecipient, formally
designated in writing, shall have the express, implied, or apparent authority to alter, amend, modify, or
waive any clause or condition of this Agreement. Any alteration, amendment, modification, or waiver of
any clause or condition of this Agreement is not effective or binding unless made in writing and signed
by both parties’ Authorized Signature representatives, except as provided for time extensions in Article
A.3.
Further, only the Authorized Signature representative or Alternate for the Subrecipient shall have
signature authority to sign reimbursement requests, time extension requests, amendment and
modification requests, requests for changes to projects or work plans, and other requests, certifications
and documents authorized by or required under this Agreement.
A.15 LOSS OR REDUCTION OF FUNDING
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Agreement and prior to normal completion or end date, the Department
may unilaterally reduce the work plan and budget or unilaterally terminate all or part of the Agreement as
a “Termination for Cause” without providing the Subrecipient an opportunity to cure. Alternatively, the
parties may renegotiate the terms of this Agreement under “Amendments and Modifications” to comply
with new funding limitations and conditions, although the Department has no obligation to do so.
A.16 NONASSIGNABILITY
Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by
the Subrecipient.
A.17 NONDISCRIMINATION
During the performance of this agreement, the Subrecipient shall comply with all federal and state
nondiscrimination statutes and regulations. These requirements include, but are not limited to:
a. Nondiscrimination in Employment: The Subrecipient shall not discriminate against any employee or
applicant for employment because of race, color, sex, sexual orientation, religion, national origin,
creed, marital status, age, Vietnam era or disabled veteran status, or the presence of any sensory,
mental, or physical handicap. This requirement does not apply, however, to a religious corporation,
association, educational institution or society with respect to the employment of individuals of a
particular religion to perform work connected with the carrying on by such corporation, association,
educational institution or society of its activities.
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b. The Subrecipient shall take action to ensure that employees are employed and treated during
employment without discrimination because of their race, color, sex, sexual orientation religion,
national origin, creed, marital status, age, Vietnam era or disabled veteran status, or the presence of
any sensory, mental, or physical handicap. Such action shall include, but not be limited to, the
following: Employment, upgrading, demotion, or transfer, recruitment or recruitment selection for
training, including apprenticeships and volunteers.
A.18 NOTICES
The Subrecipient shall comply with all public notices or notices to individuals required by applicable local,
state and federal laws and regulations and shall maintain a record of this compliance.
A.19 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/HEALTH ACT
(OSHA/WISHA)
The Subrecipient represents and warrants that its workplace does now or will meet all applicable federal
and state safety and health regulations that are in effect during the Subrecipient's performance under this
Agreement. To the extent allowed by law, the Subrecipient further agrees to indemnify and hold harmless
the Department and its employees and agents from all liability, damages and costs of any nature,
including, but not limited to, costs of suits and attorneys' fees assessed against the Department, as a
result of the failure of the Subrecipient to so comply.
A.20 OWNERSHIP OF PROJECT/CAPITAL FACILITIES
The Department makes no claim to any capital facilities or real property improved or constructed with
funds under this Agreement, and by this subaward of funds does not and will not acquire any ownership
interest or title to such property of the Subrecipient. The Subrecipient shall assume all liabilities and
responsibilities arising from the ownership and operation of the project and agrees to defend, indemnify,
and hold the Department, the state of Washington, and the United States government harmless from any
and all causes of action arising from the ownership and operation of the project.
A.21 POLITICAL ACTIVITY
No portion of the funds provided herein shall be used for any partisan political activity or to further the
election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue.
A.22 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The assistance provided under this Agreement shall not be used in payment of any bonus or commission
for the purpose of obtaining approval of the application for such assistance or any other approval or
concurrence under this Agreement provided, however, that reasonable fees or bona fide technical
consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if
otherwise eligible as project costs.
A.23 PUBLICITY
The Subrecipient agrees to submit to the Department prior to issuance all advertising and publicity
matters relating to this Agreement wherein the Department’s name is mentioned, or language used from
which the connection of the Department’s name may, in the Department’s judgment, be inferred or
implied. The Subrecipient agrees not to publish or use such advertising and publicity matters without the
prior written consent of the Department. The Subrecipient may copyright original work it develops in the
course of or under this Agreement; however, pursuant to 2 CFR Part 200.315, FEMA reserves a royalty-
free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize
others to use the work for government purposes.
Publication resulting from work performed under this Agreement shall include an acknowledgement of
FEMA’s financial support, by the Assistance Listings Number (formerly CFDA Number), and a statement
that the publication does not constitute an endorsement by FEMA or reflect FEMA’s views.
A.24 RECAPTURE PROVISION
In the event the Subrecipient fails to expend funds under this Agreement in accordance with applicable
federal, state, and local laws, regulations, and/or the provisions of the Agreement, the Department
reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right
of recapture shall exist for the life of the project following Agreement termination. Repayment by the
Subrecipient of funds under this recapture provision shall occur within 30 days of demand. In the event
the Department is required to institute legal proceedings to enforce the recapture provision, the
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Department shall be entitled to its costs and expenses thereof, including attorney fees from the
Subrecipient.
A.25 RECORDS
a. The Subrecipient agrees to maintain all books, records, documents, receipts, invoices and all
other electronic or written records necessary to sufficiently and properly reflect the Subrecipient's
contracts, subawards, grant administration, and payments, including all direct and indirect
charges, and expenditures in the performance of this Agreement (the “records”).
b. The Subrecipient's records related to this Agreement and the projects funded may be inspected
and audited by the Department or its designee, by the Office of the State Auditor, DHS, FEMA or
their designees, by the Comptroller General of the United States or its designees, or by other
state or federal officials authorized by law, for the purposes of determining compliance by the
Subrecipient with the terms of this Agreement and to determine the appropriate level of funding
to be paid under the Agreement.
c. The records shall be made available by the Subrecipient for such inspection and audit, together
with suitable space for such purpose, at any and all times during the Subrecipient's normal
working day.
d. The Subrecipient shall retain and allow access to all records related to this Agreement and the
funded project(s) for a period of at least six (6) years following final payment and closure of the
grant under this Agreement. Despite the minimum federal retention requirement of three (3) years,
the more stringent State requirement of six (6) years must be followed.
A.26 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORK/WORK PLAN
While the Department undertakes to assist the Subrecipient with the project/statement of work/work plan
(project) by providing federal award funds pursuant to this Agreement, the project itself remains the sole
responsibility of the Subrecipient. The Department undertakes no responsibility to the Subrecipient, or to
any third party, other than as is expressly set out in this Agreement.
The responsibility for the design, development, construction, implementation, operation and maintenance
of the project, as these phrases are applicable to this project, is solely that of the Subrecipient, as is
responsibility for any claim or suit of any nature by any third party related in any way to the project.
Prior to the start of any construction activity, the Subrecipient shall ensure that all applicable federal,
state, and local permits and clearances are obtained, including, but not limited to, FEMA compliance with
the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species
Act, and all other environmental laws, regulations, and executive orders.
The Subrecipient shall defend, at its own cost, any and all claims or suits at law or in equity, which may
be brought against the Subrecipient in connection with the project. The Subrecipient shall not look to the
Department, or to any state or federal agency, or to any of their employees or agents, for any
performance, assistance, or any payment or indemnity, including, but not limited to, cost of defense
and/or attorneys’ fees, in connection with any claim or lawsuit brought by any third party related to any
design, development, construction, implementation, operation and/or maintenance of a project.
A.27 SEVERABILITY
If any court of rightful jurisdiction holds any provision or condition under this Agreement or its application
to any person or circumstances invalid, this invalidity does not affect other provisions, terms or conditions
of the Agreement, which can be given effect without the invalid provision. To this end, the terms and
conditions of this Agreement are declared severable.
A.28 SINGLE AUDIT ACT REQUIREMENTS (including all AMENDMENTS)
The Subrecipient shall comply with and include the following audit requirements in any subawards.
Non-federal entities, as Subrecipients of a federal award, that expend $750,000 or more in one fiscal
year of federal funds from all sources, direct and indirect, are required to have a single or a program-
specific audit conducted in accordance with 2 CFR Part 200 Subpart F. Non-federal entities that spend
less than $750,000 a year in federal awards are exempt from federal audit requirements for that year,
except as noted in 2 CFR Part 200 Subpart F. As defined in 2 CFR Part 200, the term “non-federal entity”
means a state, local government, Indian tribe, institution of higher education, or nonprofit organization
that carries out a federal award as a recipient or subrecipient.
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Subrecipients that are required to have an audit must ensure the audit is performed in accordance with
Generally Accepted Government Auditing Standards (GAGAS) as found in the Government Auditing
Standards (the Revised Yellow Book) developed by the United States Comptroller General and the OMB
Compliance Supplement. The Subrecipient has the responsibility of notifying its auditor and requesting
an audit in compliance with 2 CFR Part 200 Subpart F, to include the Washington State Auditor’s Office,
a federal auditor, or a public accountant performing work using GAGAS, as appropriate. Costs of the
audit may be an allowable grant expenditure as authorized by 2 CFR Part 200.425.
The Subrecipient shall maintain auditable records and accounts so as to facilitate the audit requirement
and shall ensure that any subcontractors also maintain auditable records. The Subrecipient is responsible
for any audit exceptions incurred by its own organization or that of its subcontractors. Responses to any
unresolved management findings and disallowed or questioned costs shall be included with the audit
report. The Subrecipient must respond to Department requests for information or corrective action
concerning audit issues or findings within 30 days of the date of request. The Department reserves the
right to recover from the Subrecipient all disallowed costs resulting from the audit.
After the single audit has been completed, and if it includes any audit findings, the Subrecipient must
send a full copy of the audit and its Corrective Action Plan to the Department at the following address no
later than nine (9) months after the end of the Subrecipient’s fiscal year(s):
Contracts Office
Washington Military Department
Finance Division, Building #1 TA-20
Camp Murray, WA 98430-5032
OR
Contracts.Office@mil.wa.gov
The Department retains the sole discretion to determine whether a valid claim for an exemption from the
audit requirements of this provision has been established.
Conducting a single or program-specific audit in compliance with 2 CFR Part 200 Subpart F is a material
requirement of this Agreement. In the absence of a valid claim of exemption from the audit requirements
of 2 CFR Part 200 Subpart F, the Subrecipient’s failure to comply with said audit requirements may result
in one or more of the following actions in the Department’s sole discretion: a percentage of federal awards
being withheld until the audit is completed in accordance with 2 CFR Part 200 Subpart F; the withholding
or disallowing of overhead costs; the suspension of federal awards until the audit is conducted and
submitted; or termination of the federal award.
A.29 SUBRECIPIENT NOT EMPLOYEE
The Subrecipient, and/or employees or agents performing under this Agreement, are not employees or
agents of the Department in any manner whatsoever. The Subrecipient will not be presented as nor
claim to be an officer or employee of the Department or of the State of Washington by reason hereof, nor
will the Subrecipient make any claim, demand, or application to or for any right, privilege or benefit
applicable to an officer or employee of the Department or of the State of Washington, including, but not
limited to, Workers’ Compensation coverage, unemployment insurance benefits, social security benefits,
retirement membership or credit, or privilege or benefit which would accrue to a civil service employee
under Chapter 41.06 RCW; OFM Reg. 4.3.1.1.8.
It is understood that if the Subrecipient is another state department, state agency, state university, state
college, state community college, state board, or state commission, that the officers and employees are
employed by the State of Washington in their own right.
If the Subrecipient is an individual currently employed by a Washington State agency, the Department
shall obtain proper approval from the employing agency or institution before entering into this contract.
A statement of "no conflict of interest" shall be submitted to the Department.
A.30 TAXES, FEES AND LICENSES
Unless otherwise provided in this Agreement, the Subrecipient shall be responsible for, pay and maintain
in current status all taxes, unemployment contributions, fees, licenses, assessments, permit charges and
expenses of any other kind for the Subrecipient or its staff required by statute or regulation that are
applicable to Agreement performance.
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A.31 TERMINATION FOR CONVENIENCE
Notwithstanding any provisions of this Agreement, the Subrecipient may terminate this Agreement by
providing written notice of such termination to the Department Key Personnel identified in the Agreement,
specifying the effective date thereof, at least thirty (30) days prior to such date.
Except as otherwise provided in this Agreement, the Department, in its sole discretion and in the best
interests of the state of Washington, may terminate this Agreement in whole or in part ten (10) business
days after emailing notice to the Subrecipient. Upon notice of termination for convenience, the
Department reserves the right to suspend all or part of the Agreement, withhold further payments, or
prohibit the Subrecipient from incurring additional obligations of funds. In the event of termination, the
Subrecipient shall be liable for all damages as authorized by law. The rights and remedies of the
Department provided for in this section shall not be exclusive and are in addition to any other rights and
remedies provided by law.
A.32 TERMINATION OR SUSPENSION FOR LOSS OF FUNDING
The Department may unilaterally terminate or suspend all or part of this Grant Agreement, or may reduce
its scope of work and budget, if there is a reduction in funds by the source of those funds, and if such
funds are the basis for this Grant Agreement. The Department will email the Subrecipient ten (10)
business days prior to termination.
A.33 TERMINATION OR SUSPENSION FOR CAUSE
In the event the Department, in its sole discretion, determines the Subrecipient has failed to fulfill in a
timely and proper manner its obligations under this Agreement, is in an unsound financial condition so
as to endanger performance hereunder, is in violation of any laws or regulations that render the
Subrecipient unable to perform any aspect of the Agreement, or has violated any of the covenants,
agreements or stipulations of this Agreement, the Department has the right to immediately suspend or
terminate this Agreement in whole or in part.
The Department may notify the Subrecipient in writing of the need to take corrective action and provide
a period of time in which to cure. The Department is not required to allow the Subrecipient an opportunity
to cure if it is not feasible as determined solely within the Department’s discretion. Any time allowed for
cure shall not diminish or eliminate the Subrecipient’s liability for damages or otherwise affect any other
remedies available to the Department. If the Department allows the Subrecipient an opportunity to cure,
the Department shall notify the Subrecipient in writing of the need to take corrective action. If the
corrective action is not taken within ten (10) calendar days or as otherwise specified by the Department,
or if such corrective action is deemed by the Department to be insufficient, the Agreement may be
terminated in whole or in part.
The Department reserves the right to suspend all or part of the Agreement, withhold further payments,
or prohibit the Subrecipient from incurring additional obligations of funds during investigation of the
alleged compliance breach, pending corrective action by the Subrecipient, if allowed, or pending a
decision by the Department to terminate the Agreement in whole or in part.
In the event of termination, the Subrecipient shall be liable for all damages as authorized by law, including,
but not limited to, any cost difference between the original Agreement and the replacement or cover
Agreement and all administrative costs directly related to the replacement Agreement, e.g., cost of
administering the competitive solicitation process, mailing, advertising and other associated staff time.
The rights and remedies of the Department provided for in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law.
If it is determined that the Subrecipient: (1) was not in default or material breach, or (2) failure to perform
was outside of the Subrecipient’s control, fault or negligence, the termination shall be deemed to be a
termination for convenience.
A.34 TERMINATION PROCEDURES
In addition to the procedures set forth below, if the Department terminates this Agreement, the
Subrecipient shall follow any procedures specified in the termination notice. Upon termination of this
Agreement and in addition to any other rights provided in this Agreement, the Department may require
the Subrecipient to deliver to the Department any property specifically produced or acquired for the
performance of such part of this Agreement as has been terminated.
If the termination is for convenience, the Department shall pay to the Subrecipient as an agreed upon
price, if separately stated, for properly authorized and completed work and services rendered or goods
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delivered to and accepted by the Department prior to the effective date of Agreement termination, the
amount agreed upon by the Subrecipient and the Department for (i) completed work and services and/or
equipment or supplies provided for which no separate price is stated, (ii) partially completed work and
services and/or equipment or supplies provided which are accepted by the Department, (iii) other work,
services and/or equipment or supplies which are accepted by the Department, and (iv) the protection and
preservation of property.
Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of this
Agreement. If the termination is for cause, the Department shall determine the extent of the liability of the
Department. The Department shall have no other obligation to the Subrecipient for termination. The
Department may withhold from any amounts due the Subrecipient such sum as the Department
determines to be necessary to protect the Department against potential loss or liability.
The rights and remedies of the Department provided in this Agreement shall not be exclusive and are in
addition to any other rights and remedies provided by law.
After receipt of a notice of termination, and except as otherwise directed by the Department in writing,
the Subrecipient shall:
a. Stop work under the Agreement on the date, and to the extent specified, in the notice;
b. Place no further orders or contracts for materials, services, supplies, equipment and/or facilities
in relation to this Agreement except as may be necessary for completion of such portion of the
work under the Agreement as is not terminated;
c. Assign to the Department, in the manner, at the times, and to the extent directed by the
Department, all of the rights, title, and interest of the Subrecipient under the orders and contracts
so terminated, in which case the Department has the right, at its discretion, to settle or pay any
or all claims arising out of the termination of such orders and contracts;
d. Settle all outstanding liabilities and all claims arising out of such termination of orders and
contracts, with the approval or ratification of the Department to the extent the Department may
require, which approval or ratification shall be final for all the purposes of this clause;
e. Transfer title to the Department and deliver in the manner, at the times, and to the extent directed
by the Department any property which, if the Agreement had been completed, would have been
required to be furnished to the Department;
f. Complete performance of such part of the work as shall not have been terminated by the
Department in compliance with all contractual requirements; and
g. Take such action as may be necessary, or as the Department may require, for the protection and
preservation of the property related to this Agreement which is in the possession of the
Subrecipient and in which the Department has or may acquire an interest.
A.35 MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES
In accordance with the legislative findings and policies set forth in Chapter 39.19 RCW, the State of
Washington encourages participation in all its contracts by MWBE firms certified by the Office of Minority
and Women’s Business Enterprises (OMWBE). To the extent possible, the Subrecipient will solicit and
encourage minority-owned and women-owned business enterprises who are certified by the OMWBE
under the state of Washington certification program to apply and compete for work under this contract.
Voluntary numerical MWBE participation goals have been established and are indicated herein: Minority
Business Enterprises: (MBE’s): 10% and Woman’s Business Enterprises (WBE’s): 6%.
A.36 VENUE
This Agreement shall be construed and enforced in accordance with, and the validity and performance
shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising
out of this Agreement shall be the Superior Court of Thurston County, Washington. The Subrecipient, by
execution of this Agreement, acknowledges the jurisdiction of the courts of the state of Washington.
A.37 WAIVERS
No conditions or provisions of this Agreement can be waived unless approved in advance by the
Department in writing. The Department's failure to insist upon strict performance of any provision of the
Agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance
during such breach, shall not constitute a waiver of any right under this Agreement.
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Attachment C
22SLCGP Award Letter
EMW-2022-CY-00017
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Attachment D
WORK PLAN
FY 2022 State and Local Cybersecurity Grant Program
PROJECT #1 TITLE Perform Independent 3rd Party Penetration Testing
PROJECT DESCRIPTION
Cyber and Physical Penetration Testing - Work with 3rd party vendor to perform penetration testing on our systems
using both digital and physical means (social engineering, etc.). This project will help us evaluate where we have
improved over the past few years from previous and ongoing cybersecurity initiatives, as well as provide us with
pertinent information to help drive future cybersecurity projects and investments.
GAP BEING ADDRESSED
The gap being addressed is the unknown. While we have implemented many improvements by way of tools, policies,
and processes, we have yet to put them through a 'real world' test. This project will help us to determine what gaps
we may have and allow planning to fill those gaps.
IMPACT
This project will directly impact all City of Renton employees as well as its citizens, though hopefully without them
ever knowing it. As mentioned, this exercise will allow us to determine what improvements we need to make in our
cybersecurity program to better protect the integrity and security of infrastructure and data. We are committed to
invest in changes and tools that will help address any gaps found and while future funding requirements are unknown
at this time, we have had support from the City in prioritizing our cybersecurity initiatives.
OUTCOME
The outcome of this project will be a better and clearer understanding of where organizational risks lie in regard to
protecting against bad actors. These results will be used to drive future investments and focus areas to reduce our
cybersecurity risk.
PROJECT #2 TITLE Implementation of Asset Vulnerability Tool
PROJECT DESCRIPTION
Implement an IT Asset Management (ITAM) solution that provides Attack Surface Management (ASM) with real-time
scans and Asset Vulnerability Management (AVM) with risk assignment based on context.
This implementation will be a net-new addition to our cybersecurity stack and will be completed with the assistance
of a third-party vendor. At a high level, the solution will be installed/connected (if SAAS), initial asset inventory will be
taken, and vulnerabilities identified. Processes will then be put in place to remediate and/or tune to avoid false
positives. Rules to identify and route or deny traffic from rogue devices will be put in place to help protect against
potentially malicious activity from unmanaged assets.
GAP BEING ADDRESSED
The gap being addressed is a lack of visibility into our endpoints for both vulnerability management and proper
identification of rogue devices or unpatched programs that could pose potential threats.
IMPACT
This project will impact all City of Renton employees as well as its citizens by allowing us to have visibility into critical
vulnerabilities and risks before they are the cause of compromise. This allows us to be more efficient and proactive in
our methodology of mitigation and avoid having to react to a situation due to lack of visibility into the risks that exist,
altogether providing for better support and continuity of services.
AGENDA ITEM #6. d)
DHS-FEMA-SLCGP-FY22 Page 35 of 37 City of Renton, E24-204
OUTCOME
The outcome of this project will be the implementation of additional technology that allows us to view where are
critical vulnerabilities and risks are, as relates to our endpoints, and create policies and procedures around how we
prioritize and mitigate said risks.
AGENDA ITEM #6. d)
DHS-FEMA-SLCGP-FY22 Page 36 of 37 City of Renton, E24-204
Attachment E
BUDGET
FY 2022 State and Local Cybersecurity Grant Program
City of Renton
AGREEMENT AMOUNT $105,000
PROJECT #1 SOLUTION AREA
PLANNIN
G ORGANIZATION EQUIPMENT TRAINING EXERCISE M&A TOTAL
Salaries & Benefits $0 $0 $0 $0 $0 $0
Supplies $0 $0 $0 $0 $0 $0
Travel/Per Diem $0 $0 $0 $0 $0 $0
Contractor/Consultant $0 $0 $0 $75,000 $0 $75,000
Passthrough $0 $0 $0 $0 $0 $0
Other $0 $0 $0 $0 $0 $0 $0
Equipment $0 $0
SUBTOTAL $0 $0 $0 $0 $75,000 $0 $75,000
Indirect $0
TOTAL $0 $0 $0 $0 $75,000 $0 $75,000
PROJECT #2 SOLUTION AREA
PLANNIN
G ORGANIZATION EQUIPMENT TRAINING EXERCISE M&A TOTAL
Salaries & Benefits $0 $0 $0 $0 $0 $0
Supplies $0 $0 $0 $0 $0 $0
Travel/Per Diem $0 $0 $0 $0 $0 $0
Contractor/Consultant $0 $0 $0 $0 $0 $0
Passthrough $0 $0 $0 $0 $0 $0
Other $0 $0 $0 $0 $0 $0 $0
Equipment $30,000 $30,000
SUBTOTAL $0 $0 $30,000 $0 $0 $0 $30,000
Indirect $0
TOTAL $0 $0 $30,000 $0 $0 $0 $30,000
AGENDA ITEM #6. d)
DHS-FEMA-SLCGP-FY22 Page 37 of 37 City of Renton, E24-204
Attachment F
TIMELINE
FY 2022 State and Local Cybersecurity Grant Program
DATE TASK
December 1, 2022 Grant Agreement start date
NLT December 1, 2023 Complete NCSR
January 5, 2024 Submit Progress Report
* time period 12/1/2022 - 12/31/2023
July 15, 2024 Submit Progress Report
* time period 1/1/2024 - 6/30/2024
July 31, 2024 Grant Agreement end date
September 14, 2024 Submit Final Reimbursement Request and Closeout Report
October 1st annually Nationwide Cybersecurity Review (NCSR) opens for input
https://www.cisecurity.org/ms-isac/services/ncsr
AGENDA ITEM #6. d)
Washington Military Department Contract Number:_______
Debarment, Suspension, Ineligibility or Voluntary Exclusion Certification Form
NAME
Doing business as (DBA)
ADDRESS
Applicable Procurement
or Solicitation #, if any:
WA Uniform Business
Identifier (UBI)
Federal Employer Tax
Identification #:
This certification is submitted as part of a request to contract.
Instructions For Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower
Tier Covered Transactions
READ CAREFULLY BEFORE SIGNING THE CERTIFICATION. Federal regulations require contractors and bidders to sign and
abide by the terms of this certification, without modification, in order to participate in certain transactions directly or
indirectly involving federal funds.
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out
below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an
erroneous certification, in addition to other remedies available to the Federal Government the department or agency
with which this transaction originated may pursue available remedies, including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the department, institution or office to
which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was
erroneous when submitted or had become erroneous by reason of changed circumstances.
4. 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
person to which this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is
proposed for debarment under the applicable CFR, debarred, suspended, declared ineligible, or voluntarily excluded
from participation in this covered transaction, unless authorized by the department or agency with which this
transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled
``Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered
Transaction,'' without modification, in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered
transaction that it is not proposed for debarment under applicable CFR, debarred, suspended, ineligible, or voluntarily
excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the
method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required
to, check the List of Parties Excluded from Federal Procurement and Non-procurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to
render in good faith the certification required by this clause. The knowledge and information of a participant is not
required to exceed that which is normally possessed by a prudent person in the ordinary course of business activity.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under applicable
CFR, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other
remedies available to the Federal Government, the department or agency with which this transaction originated may
pursue available remedies, including suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier
Covered Transactions
The prospective lower tier participant certifies, by submission of this proposal or contract, that neither it nor its
principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from participation in this transaction by any Federal department or agency. Where the prospective lower tier
participant is unable to certify to any of the statements in this certification, such prospective participant shall
attach an explanation to this form.
Bidder or Contractor Signature: _______________________________________ Date: _____________
Print Name and Title: _______________________________________________
AGENDA ITEM #6. d)
Washington Military Department Contract Number:_______
FEDERAL DEBARMENT, SUSPENSION
INELIGIBILITY and VOLUNTARY EXCLUSION
(FREQUENTLY ASKED QUESTIONS)
What is “Debarment, Suspension, Ineligibility, and Voluntary Exclusion”?
These terms refer to the status of a person or company that cannot contract with or receive grants from a federal agency.
In order to be debarred, suspended, ineligible, or voluntarily excluded, you must have:
• had a contract or grant with a federal agency, and
• gone through some process where the federal agency notified or attempted to notify you that you could not contract
with the federal agency.
• Generally, this process occurs where you, the contractor, are not qualified or are not adequately performing under a
contract, or have violated a regulation or law pertaining to the contract.
Why am I required to sign this certification?
You are requesting a contract or grant with the Washington Military Department. Federal law (Executive Order 12549)
requires Washington Military Department ensure that persons or companies that contract with Washington Military
Department are not prohibited from having federal contracts.
What is Executive Order 12549?
Executive Order 12549 refers to Federal Executive Order Number 12549. The executive order was signed by the
President and directed federal agencies to ensure that federal agencies, and any state or other agency receiving federal
funds were not contracting or awarding grants to persons, organizations, or companies who have been excluded from
participating in federal contracts or grants. Federal agencies have codified this requirement in their individual agency
Code of Federal Regulations (CFRs).
What is the purpose of this certification?
The purpose of the certification is for you to tell Washington Military Department in writing that you have not been
prohibited by federal agencies from entering into a federal contract.
What does the word “proposal” mean when referred to in this certification?
Proposal means a solicited or unsolicited bid, application, request, invitation to consider or similar communication from
you to Washington Military Department.
What or who is a “lower tier participant”?
Lower tier participants means a person or organization that submits a proposal , enters into contracts with, or receives a
grant from Washington Military Department, OR any subcontractor of a contract with Washington Military Department. If
you hire subcontractors, you should require them to sign a certification and keep it with your subcontract.
What is a covered transaction when referred to in this certification?
Covered Transaction means a contract, oral or written agreement, grant, or any other arrangement where you contract
with or receive money from Washington Military Departm ent. Covered Transaction does not include mandatory
entitlements and individual benefits.
Sample Debarment, Suspension, Ineligibility, Voluntary Exclusion Contract Provision
Debarment Certification. The Contractor certifies that the Contractor is not presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Contract by any
Federal department or agency. If requested by Washington Military Department, the Contractor shall complete
a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form. Any such form
completed by the Contractor for this Contract shall be incorporated into this Contract by reference.
AGENDA ITEM #6. d)
SIGNATURE AUTHORIZATION FORM
WASHINGTON STATE MILITARY DEPARTMENT
Camp Murray,Washington 98430-5122
Please read instructions on reverse side before comoletinq this form.
PRINT OR TYPE NAME
Armondo Pavone
E24-204
PROJECT DESCRIPTION
Penetration testing and vulnerability management implementation
NAME OF ORGANIZATION DATE SUBMITTED
City of Renton
SI G NATU RE
CONTRACT NUMBER
1.AUTHORIZING AUTHORITY
TITLE/TERM OF OFFICE
Mayor/Four
2.AUTHORIZED TO SIGN CONTRACTS/CONTRACT AMENDMENTS
SIGNATURE PRINT OR TYPE NAME TITLE
Armondo Pavone Mayor/Four
Ed Van Valey CAO
Kristi Rowland Deputy CAO
3.AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT
SIGNATURE PRINT OR TYPE NAME TITLE
Lacey Pires Administrative Secretary I,IT
\\NAC-1\VOL1\HOME\ENB\....\WP\SIGNAUTH Revised 3/03
AGENDA ITEM #6. d)
INSTRUCTIONS FOR SIGNATURE AUTHORIZATION FORM
This form identifies the persons who have the authority to sign contracts,amendments,
and requests for reimbursement.It is required for the management of your contract with
the Military Department (MD).Please complete all sections.One copy with original
signatures is to be sent to MD with the signed contract,and the other should be kept with
your copy of the contract.
When a request for reimbursement is received,the signature is checked to verify that it
matches the signature on file.The payment can be delayed if the request is
presented without the proper signature.It is important that the signatures in MD’s files
are current.Changes in staffing or responsibilities will require a new signature
authorization form.
1.Authorizing Authority.Generally,the person(s)signing in this box heads
the governing body of the organization,such as the board chair or mayor.In
some cases,the chief executive officer may have been delegated this
authority.
2.Authorized to Sign Contracts/Contract Amendments.The person(s)with
this authority should sign in this space.Usually,it is the county
commissioner,mayor,executive director,city clerk,etc.-
3.Authorized to Sign Requests for Reimbursement.Often the executive
director,city clerk,treasurer,or administrative assistant have this authority.
It is advisable to have more than one person authorized to sign
reimbursement requests.This will help prevent delays in processing a
request if one person is temporarily unavailable.
If you have any questions regarding this form or to request new forms,please call your
MD Program Manager.
AGENDA ITEM #6. d)
AB - 3486
City Council Regular Meeting - 08 Jan 2024
SUBJECT/TITLE: Confirm Maryjane Ortiz Van Cleave as Administrator of the Parks and
Recreation Department
RECOMMENDED ACTION: Council Concur
DEPARTMENT: Human Resources / Risk Management Department
STAFF CONTACT: Ellen Bradley-Mak, Administrator
EXT.: 7657
FISCAL IMPACT SUMMARY:
The Administrator position in the Parks and Recreation Department was included in the 2024 budget at Step E,
therefore there is no additional cost to the City.
SUMMARY OF ACTION:
Maryjane Ortiz Van Cleave joined the City of Renton in 2014, assuming the role of Recreation Manager within
the Community Services Department. Her dedication and contributions led to a promotion to Recreation
Director in 2016, and subsequently, she transitioned to the position of Director of Communications and
Engagement within the Executive Department in 2021. Notably, in August 2022, Maryjane took on the role of
Administrator for the Equity, Housing, and Human Services Department. Additionally, she assumed the interim
role of Parks and Recreation Administrator following the retirement of the previous administrator in August
2023.
Maryjane has a rich professional background, including two decades dedicated to government service. Her
extensive leadership tenure within the city of Renton has afforded her a comprehensive understanding of the
municipality's operations and policies. Leveraging this insight, Maryjane has played a pivotal role in aligning
city strategies with its business plan, contributing significantly to Renton's welcoming and inclusive
community. Under her supervision and guidance, a multitude of accomplishments can be attributed to her
leadership, including:
• Facilitated a partnership with the Bezos Preschool Academy.
• Obtained and launched several critical software programs that have increased accessibility for residents,
and improved organization and efficiently for city employees.
• Coordinated COVID-19 Mobile Vaccination Units for the City of Renton & Skyway community with Renton
Regional Fire Authority, Seattle Fire, and Seattle King Co. Public Health.
• Executed the first strategic plan and revised cost recovery plan for the Recreation & Neighborhoods
Program.
• Conducted two assessments for the Communications and Engagement division for the purpose of process
and policy improvement.
• Supported and sat on many boards and commissions on behalf of the city: Community in Schools Renton,
King County Veterans, Seniors Human Services Levy Advisory Board, Senior Advisory Board, and has led and
supported the Equity Commission over the last 14 months.
• Applied data and census information to anchor work around equity, diversity, and human services.
AGENDA ITEM #6. e)
Maryjane brings a wealth of experience in fostering positive change and driving innovation from her extensive
tenure as a director and department administrator at the City of Renton. Her proven track record in leadership
roles positions her well to bring these valuable skills to the role of Administrator of the Parks and Recreation
Department.
Under RMC 1-4-3, this position is subject to confirmation by a majority of the members of Renton City Council.
EXHIBITS:
n/a
STAFF RECOMMENDATION:
Confirm the appointment of Maryjane Ortiz Van Cleave as Administrator of the Parks and Recreation
Department, effective January 1, 2024, at salary grade m49, step E.
AGENDA ITEM #6. e)
AB - 3483
City Council Regular Meeting - 08 Jan 2024
SUBJECT/TITLE: Request for Waiver of Temporary Event Permit and Facility Rental
Fees for the 2024 Pongal Event
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Parks & Recreation Department
STAFF CONTACT: Maryjane Van Cleave, Administrator
EXT.: 6713
FISCAL IMPACT SUMMARY:
The fiscal impact to waive the Temporary Event Permit of $85.00 and rental fee of the Don Persson Senior
Activity Center of $1,500.00 (resident rate) totals $1,585.00.
SUMMARY OF ACTION:
The city has numerous opportunities for the public to engage in the community, its culture, and with its
residents through single, seasonal, and recurring programs and events. To support and encourage such
events, waivers of fees associated with permits and facility rentals are provided to groups to assist in
minimizing the cost burden.
The Pongal event is a Hindu harvest festival celebrated by the Tamil community. Pongal is traditionally a
three-day event and is a celebration to thank the sun, Mother Nature, and the various animals contributing to
a bountiful harvest. The city has been contacted by a member of the Tamil community who has organized
past years Pongal events at the Highlands Community Center. The organizer would like to host a one-day
event, from 11 a.m.-5 p.m., Saturday, January 20, 2024, in the Don Persson Senior Activity Center. Event
hours of 11 a.m.-2 p.m. are reserved for a private community celebration to allow the Tamil community to
celebrate their traditions and language. The event will then be opened to the public to experience shows and
performances from 2-5 p.m. Anticipated attendance is 150, including approximately 80 youth members.
A request has been received to waive the costs of the Temporary Event Permit of $85.00 and the facility rental
fee of the Don Persson Senior Activity Center of $1,500.00 (resident rate). The total cost of the waiver request
is $1,585.00. The organizer remains responsible to pay for the facility damage deposit of $550.00.
EXHIBITS:
A. Fee Waiver Request Form
STAFF RECOMMENDATION:
Authorize the request to waive the cost of the Temporary Event Permit of $85.00 and the facility rental fee of
the Don Persson Senior Activity Center of $1,500.00 (resident rate) for a total waived amount of $1,585.00 for
the January 20, 2024 Pongal event. The organizer remains responsible to pay for the facility damage deposit of
$550.00.
AGENDA ITEM #6. f)
CITY OF RENTON
PARKS AND RECREATION DEPARTMENT
FEE WAIVER OR REDUCTION REQUEST
Fee waiver and/or reduction requests will be submitted for approval to the City Council via
the Finance Committee.
Request date:
Name of group:
Group contact/number:
Address (Street, State, Zip):
Email address:
Date of event:
Number in party:
Location/Address:
Type of event:
Staff contact/number:
What is the total cost of the rental and applicable fees?
What is the cost of the fee waiver or reduction requested?
Describe event and explain why a reduction or waive of fees will benefit our Renton citizens:
AGENDA ITEM #6. f)
AB - 3481
City Council Regular Meeting - 08 Jan 2024
SUBJECT/TITLE: Interagency Agreement-2024-Sub-grants 5189 Region 7_8 Law
Enforcement Liaison
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Police Department
STAFF CONTACT: Steve Morris, Commander
EXT.: 7597
FISCAL IMPACT SUMMARY:
The sub-grant reimburses the Renton Police Department for costs related to the Law Enforcement Liaison
Program between November 15, 2023 and September 30, 2024, up to $4,500. Budget adjustment will be
made in Q1 of 2024.
SUMMARY OF ACTION:
Receive funds from the Washington Traffic Safety Commission for Law Enforcement Liaison to increase law
enforcement participation in traffic safety enforcement and to serve as a resource for the regions Target Zero
Manager.
EXHIBITS:
A. Agreement
STAFF RECOMMENDATION:
Approve the interagency agreement with the Washington Traffic Safety Commission for Law Enforcement
Liaison to receive up to $4,500 in grant funds to increase law enforcement participation in traffic safety
enforcement and to serve as a resource for the regions Target Zero Manager.
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AB - 3485
City Council Regular Meeting - 08 Jan 2024
SUBJECT/TITLE: Agreements with the Department of Ecology for Water Quality Grants
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Public Works Utility Systems Division
STAFF CONTACT: Kevin Evans, Surface Water Civil Engineer III
EXT.: 7264
FISCAL IMPACT SUMMARY:
The grant agreements described herein add $11,131,600 of grant funding to the 2023 Surface Water Utility
Capital Improvement Program budget. Through the Department of Ecology (Ecology), Stormwater Financial
Assistance Program grant program (SFAP) in state fiscal year (FY) 2024, $2,975,000 was awarded to the SE
172nd St Water Quality Retrofit project (427.475504), $206,550 was awarded to the Springbrook Terrace
Retrofit project (427.475612), and $7,950,050 was awarded to the Monroe Ave NE Infiltration Facility project
(427.475494). There is sufficient funding in the respective project budgets to meet the matching funds
requirements, which amount to $525,000, $36,450, and $1,402,950, respectively.
SUMMARY OF ACTION:
The SE 172nd St Water Quality Retrofit capital improvement project will provide water quality treatment for
stormwater runoff from an approximately 5-acre subbasin in the Cascade neighborhood. See Exhibit A for the
SE 172nd St Water Quality Retrofit Site Map. Currently, the project area has aging stormwater infrastructure
that runs through private properties, poor stormwater drainage, and streets with no curb, gutter, or
sidewalks. The project will install stormwater biofiltration systems and pervious sidewalks in conjunction with
a new stormwater conveyance system to improve conveyance capacity, replace aging infrastructure, and
route the storm system through the public right-of-way. In 2019, under grant agreement WQC-2016-Renton-
00058, Ecology awarded the city funds in the amount of $250,000 to partially fund project design. Under grant
agreement WQC-2024-Renton-00011 proposed for execution, Ecology would award the city $2,975,000 for
final design and construction. The project has an estimated construction cost of $3,400,000 and is estimated
to begin construction in Q1 2025.
The Springbrook Terrace Retrofit capital improvement project will retrofit an existing detention facility located
in the Springbrook Terrace neighborhood that receives runoff from 5.2 acres of residential land cover. See
Exhibit B for the Springbrook Terrace Retrofit Project Site Map. The current facility provides no water quality
benefit for stormwater discharge, does not meet current City of Renton stormwater treatment standards, and
lies upstream of Springbrook Creek which is classified as a 303(d) impaired water body by Ecology. Retrofits
will improve the quality of the stormwater discharged from the facility and reduce impacts from existing
infrastructure and development in Springbrook Creek. The Springbrook Terrace Retrofit was selected by the
Surface Water Engineering section for a grant application to Ecology based on a Stormwater Facility Retrofit
Study partially funded by Ecology and concluded in 2021 that identified and ranked opportunities for retrofits
across 49 facilities in Renton. Under grant agreement WQC-2024-Renton-00036 proposed for execution,
Ecology would award the city $206,550 of funding for the design of this project. This project is estimated to
begin construction in 2026.
The Monroe Ave NE Infiltration Facility capital improvement project will provide flow control and water
quality treatment for stormwater runoff from a 245-acre subbasin in the Renton Highlands neighborhood.
AGENDA ITEM #6. h)
Currently, this area lacks an adequate drainage outlet and discharges untreated stormwater from Monroe Ave
NE via temporary drainage overflow pipes to the private property at 301 Monroe Ave NE. See Exhibit C for the
Monroe Ave NE Infiltration Facility Site Map. This project will construct a permanent solution to provide
drainage for stormwater from Monroe Ave NE consisting of a treatment vault and infiltration galleries. For
grant management purposes, the project is split into two phases. Phase 1 consists of hauling and placement of
the infiltration gravel below the infiltration gallery. Phase 2 consists of the installation of all stormwater
facilities above the infiltration gravel, including a "Stormtech" chamber gallery, "Boxless Biopod" water quality
treatment vault, hydrodynamic separator, maintenance access road, and stormwater conveyance system. In
2022, under WQC-2022-Renton-00047, Ecology awarded the City funds in the amount of $4,797,875 for
project design and Phase 1 construction. Under grant agreement WQC-2024-Renton-00204 proposed for
execution, Ecology would award the city $7,950,050 for Phase 2 construction. The project design was
completed in August 2023, and construction began in December 2023. The project Phase 1 and Phase 2
construction contract was awarded by Council on November 13, 2023, to KLB Construction Inc. in the amount
of $13,225,647.45. Construction is estimated to be completed in Q1 2025.
EXHIBITS:
A. SE 172nd St Water Quality Retrofit Site Map
B. Springbrook Terrace Retrofit Site Map
C. Monroe Ave NE Infiltration Facility (Phase 2) Site Map
D. SE 172nd St Water Quality Retrofit Grant Agreement
E. Springbrook Terrace Retrofit Grant Agreement
F. Monroe Ave NE Infiltration Facility (Phase 2) Grant Agreement
STAFF RECOMMENDATION:
Authorize the Mayor and the City Clerk to execute:
WQC-2024-Renton-00011 grant agreement with Ecology in the amount of $2,975,000.00 for the SE
172nd St Water Quality Retrofit capital improvement project.
WQC-2024-Renton-00036 grant agreement with Ecology in the amount of $206,550.00 for the Springbrook
Terrace Retrofit capital improvement project.
WQC-2024-Renton-00204 grant agreement with Ecology in the amount of $7,950,050.00 for the
Monroe Ave NE Infiltration Facility capital improvement project.
AGENDA ITEM #6. h)
4,514
376
SE 172nd St & 125th Ave SE GSI Project
This map is a user generated static output from an Internet mapping site and
is for reference only. Data layers that appear on this map may or may not be
accurate, current, or otherwise reliable.
11/5/2020
Legend
2560128
THIS MAP IS NOT TO BE USED FOR NAVIGATION
Feet
Notes
256
WGS_1984_Web_Mercator_Auxiliary_Sphere
City and County Labels
City and County Boundary
Parcels
Environment Designations
Natural
Shoreline High Intensity
Shoreline Isolated High Intensity
Shoreline Residential
Urban Conservancy
Jurisdictions
Streams (Classified)
<all other values>
Type S Shoreline
Type F Fish
Type Np Non-Fish
Type Ns Non-Fish Seasonal
Unclassified
Not Visited
Wetlands
Network Structures
Access Riser
Inlet
Manhole
Utility Vault
Clean Out
Unknown
FIG. 2: PROJECT AREA
Project Area
121st Ave SESE 172nd St122nd Ave SE123rd Ave SE124th Ave SE125th Ave SE127th Ave SESE 170th PlExhibit A
AGENDA ITEM #6. h)
2,257
188
Springbrook Terrace Retrofit
This map is a user generated static output from an Internet mapping site and
is for reference only. Data layers that appear on this map may or may not be
accurate, current, or otherwise reliable.
12/14/2023
Legend
128064
THIS MAP IS NOT TO BE USED FOR NAVIGATION
Feet
Notes
128
WGS_1984_Web_Mercator_Auxiliary_Sphere
Parcels
Network Structures
Public Access Riser
Private Access Riser
Public Inlet
Private Inlet
Public Manhole
Private Manhole
Public Utility Vault
Private Utility Vault
Public Clean Out
Private Clean Out
Public Unknown
Private Unknown
Pump Station
Public Pump Station
Private Pump Station
Discharge Point
Public Discharge Point
Private Discharge Point
Water Quality
Public Water Quality
Private Water Quality
Detention Facilities
Public Detention Facility
Private Detention Facility
AGENDA ITEM #6. h)
0 1,250 2,500625Feet
±
VICINITY MAP Le gend
Proposed Infiltration Facility
Drainage Basin Boundary
Streams
Parcels
Existing Storm Structure
Existing Storm Pipe
301 Monroe Ave NE(Segale Property)
NE 4TH ST
Drainag e Ba sin(2 45 Acres)
Drainag e Ba sin(2 45 Acres)
Renton City Limits
Green wood Memorial Park
NE 2ND STMONROE AVE NENE 6TH ST
NE 8TH ST
NE 10TH ST
QUEEN AVE NEUNION AVE NEKC ACCESS RDJEFFERSON AVE NEKing CountyDepartment of Transportation
King CountyRenton Transfer Center
King CountyParks and Recrea tio n
City of R entonPublic Wo rks Maintena nce Sh ops
Existing 18 " an d 2 4"Stormwater O verflow Pipes
Location of Floo dingand Ero sion Proble m
King CountyCommunity an d Emerge ncy Cen te r
36" PerforatedInfiltration Pipe
48" PerforatedInfiltration Pipe
Prop osed Facility Location
NE 3RD STCedar River
Groun dwaterFlowpath
Ap proximate StormNetwork Flow
Prop osed Storm Conveyance Pipe
EXHIBIT A -Exhibit C
AGENDA ITEM #6. h)
Agreement No. WQC-2024-Renton-00011
WATER QUALITY COMBINED FINANCIAL ASSISTANCE AGREEMENT
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
CITY OF RENTON
This is a binding Agreement entered into by and between the state of Washington , Department of Ecology, hereinafter
referred to as “ECOLOGY,” and City of Renton, hereinafter referred to as the “RECIPIENT,” to carry out with the
provided funds activities described herein.
SE 172nd St Water Quality Retrofit
GENERAL INFORMATION
Project Title:
Total Cost:
Total Eligible Cost:
Ecology Share:
Recipient Share:
The Effective Date of this Agreement is:
The Expiration Date of this Agreement is no later than:
Project Type:
Project Short Description:
This project will improve water quality in Big Soos Creek through installation of a new conveyance system and Filterra
stormwater biofiltration facilities within the Cascade Neighborhood in the city of Renton. This project will provide
treatment for total suspended solids (TSS), dissolved copper, and dissolved zinc, and will also reduce flows to Big Soos
Creek by increasing stormwater infiltration. Additional benefits of this project include the addition of pervious concrete
sidewalks.
Project Long Description:
The RECIPIENT will install Filterra stormwater biofiltration systems and a new conveyance system along 122nd Ave
SE, 123rd Ave SE, 124th Ave SE, and 125th Ave SE, SE 172nd St within the Cascade Neighborhood in the city of
Renton. The Soos Creek subbasin is approximately 15.18 acres of mixed urbanized land use. The two-lane roadways
have paved shoulders with no curb, gutter, or sidewalks. The land use in the project area is made up of single-family
$3,940,000.00
$3,500,000.00
$2,975,000.00
$525,000.00
07/01/2023
12/31/2025
Stormwater Facility
AGENDA ITEM #6. h)
Page 2 of 45State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00011
SE 172nd St Water Quality Retrofit
City of Renton
homes. Currently, untreated stormwater runoff from SE 172nd Street, 122nd Ave SE, 123rd Ave SE, 124th Ave SE
and 125th Ave SE is collected and conveyed into a storm system on SE 172nd Street where it discharges into a
category II depressional wetland (Wetland A) located approximately 150 feet south of the intersection of 127 th Ave SE
and SE 172nd Street. Water from Wetland A continues south and crosses in a culvert under SE Petrovitsky Road and
flows into a category III wetland (Wetland B) before discharging into Big Soos Creek. Big Soos Creek eventually
discharges to the Green River near Highway 18, east of the City of Auburn. Big Soos Creek is a Category 5,
303(d)-listed waterbody for dissolved oxygen, ammonia, and pH.
The Design Report and 90% Design Package were accepted by ECOLOGY in project
WQSWPC-2016-Renton-00058. The RECIPIENT will install Filterra devices in connection with stormwater
conveyance improvements that will collect, treat, and infiltrate stormwater runoff before it reaches Big Soos Creek . The
completed facilities will provide water quality treatment for a contributing area of approximately 15.18 acres within the
Soos Creek Subbasin. As an additional benefit, the project will increase conveyance capacity and reduce the likelihood
of flooding.
Overall Goal:
This project will help protect and restore water quality in Washington state by reducing stormwater impacts from
existing infrastructure and development.
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AGENDA ITEM #6. h)
Page 3 of 45State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00011
SE 172nd St Water Quality Retrofit
City of Renton
RECIPIENT INFORMATION
Organization Name:
Federal Tax ID:
UEI Number:UG2PSBS6UJJ3
Mailing Address:
Physical Address:
Contacts
City of Renton
91-6001271
Renton City Hall, 5th Floor, 1055 South Grady Way
Renton, WA 98057-3232
Renton City Hall, 5th Floor
1055 South Grady Way
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AGENDA ITEM #6. h)
Page 4 of 45State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00011
SE 172nd St Water Quality Retrofit
City of Renton
Kevin Evans
Surface Water Utility Engineer
Renton City Hall, 5th Floor
1055 South Grady Way
Renton, Washington 98057-3232
Email: krevans@rentonwa.gov
Phone: (425) 430-7264
Authorized
Signatory
Kevin Evans
Surface Water Utility Engineer
Renton City Hall, 5th Floor
1055 South Grady Way
Renton, Washington 98057-3232
Email: krevans@rentonwa.gov
Phone: (425) 430-7264
Billing Contact
Project Manager
Authorized
Signatory
Armondo Pavone
Mayor
Renton City Hall, 5th Floor
1055 South Grady Way
Renton, Washington 98057-3232
Email: apavone@rentonwa.gov
Phone: (425) 430-6500
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AGENDA ITEM #6. h)
Page 5 of 45State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00011
SE 172nd St Water Quality Retrofit
City of Renton
Contacts
Project
Manager
Financial
Manager
Technical
Advisor
Maricris Dela Rosa Phillips
PO Box 330316
Shoreline, Washington 98133-9716
Email: mphi461@ecy.wa.gov
Phone: (425) 367-1204
Jenna Schroer
Stormwater Project Specialist
PO Box 47600
Olympia, Washington 98504-7600
Email: schj461@ecy.wa.gov
Phone: (360) 522-3276
Doug Howie
Senior Stormwater Engineer
PO Box 47600
Olympia, Washington 98504-7600
Email: doho461@ecy.wa.gov
Phone: (360) 870-0983
ECOLOGY INFORMATION
Mailing Address:
Physical Address:
Department of Ecology
Water Quality
PO BOX 47600
Olympia, WA 98504-7600
Water Quality
300 Desmond Drive SE
Lacey, WA 98503
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AGENDA ITEM #6. h)
Page 6 of 45State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00011
SE 172nd St Water Quality Retrofit
City of Renton
AUTHORIZING SIGNATURES
RECIPIENT agrees to furnish the necessary personnel , equipment, materials, services, and otherwise do all things necessary
for or incidental to the performance of work as set forth in this Agreement .
RECIPIENT acknowledges that they had the opportunity to review the entire Agreement , including all the terms and conditions
of this Agreement, Scope of Work, attachments, and incorporated or referenced documents, as well as all applicable laws,
statutes, rules, regulations, and guidelines mentioned in this Agreement . Furthermore, the RECIPIENT has read, understood,
and accepts all requirements contained within this Agreement .
This Agreement contains 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 modifications or amendments to this agreement will be of any force or effect unless in writing , signed by
authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement . ECOLOGY and
RECIPIENT may change their respective staff contacts without the concurrence of either party .
This Agreement shall be subject to the written approval of Ecology’s authorized representative and shall not be binding until so
approved.
The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective
organizations to this Agreement.
Washington State
Department of Ecology
Water Quality
Date Date
City of Renton
Vincent McGowan, P.E.
Mayor
Armondo Pavone
By:By:
Template Approved to Form by
Attorney General's Office
Program Manager
Template Version 12/10/2020
AGENDA ITEM #6. h)
Page 7 of 45State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00011
SE 172nd St Water Quality Retrofit
City of Renton
City Clerk Date
Jason A. Seth
City Attorney Date
Shane Moloney
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Page 8 of 45State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00011
SE 172nd St Water Quality Retrofit
City of Renton
SCOPE OF WORK
Task Number:1 Task Cost: $10,000.00
Task Title:Grant and Loan Administration
Task Description:
A. The RECIPIENT shall carry out all work necessary to meet ECOLOGY grant or loan administration requirements .
Responsibilities include, but are not limited to: Maintenance of project records; submittal of requests for reimbursement and
corresponding backup documentation; progress reports; and the EAGL (Ecology Administration of Grants and Loans)
recipient closeout report (including photos, if applicable). In the event that the RECIPIENT elects to use a contractor to
complete project elements, the RECIPIENT shall retain responsibility for the oversight and management of this funding
agreement.
B. The RECIPIENT shall keep documentation that demonstrates the project is in compliance with applicable procurement ,
contracting, and interlocal agreement requirements; permitting requirements, including application for, receipt of, and
compliance with all required permits, licenses, easements, or property rights necessary for the project; and submittal of required
performance items. This documentation shall be available upon request.
C. The RECIPIENT shall maintain effective communication with ECOLOGY and maintain up -to-date staff contact information
in the EAGL system. The RECIPIENT shall carry out this project in accordance with any completion dates outlined in this
agreement.
Task Goal Statement:
Properly managed and fully documented project that meets ECOLOGY’s grant or loan administrative requirements .
Task Expected Outcome:
* Timely and complete submittal of requests for reimbursement , quarterly progress reports, Recipient Closeout Report, and
two-page outcome summary report.
* Properly maintained project documentation.
Deliverables
Grant and Loan Administration
Number Description Due Date
1.1 Progress Reports that include descriptions of work accomplished, project
challenges or changes in the project schedule. Submitted at least quarterly.
1.2 Recipient Closeout Report (EAGL Form)
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Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00011
SE 172nd St Water Quality Retrofit
City of Renton
SCOPE OF WORK
Task Number:2 Task Cost: $0.00
Task Title:Cultural and Environmental Review, and Permitting
Task Description:
The RECIPIENT must ensure the following items are completed and provide the associated deliverables to ECOLOGY . The
RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance .
A.The RECIPIENT will submit the documents listed below to initiate ECOLOGY’s cultural resources review . Property
acquisition and above and below ground activities proposed at any project site must be reviewed by ECOLOGY for potential
affects to cultural resources.
The RECIPIENT must receive written notice from ECOLOGY prior to proceeding with work . Examples of work may include
(but are not limited to) geotechnical work, acquisition, site prep work, and BMP installations. Work done prior to written
notice to proceed shall not be eligible for reimbursement.
To initiate cultural resources review:
1.The RECIPIENT will submit the Cultural Resources Review Form to ECOLOGY, using the ECOLOGY template. Any
supporting materials must conform to the Department of Archeology and Historic Preservation’s (DAHP) Washington State
Standards for Cultural Resource Reporting. The Cultural Resources Review Form template may be found on the ECOLOGY
website.
2.The RECIPIENT will submit an Inadvertent Discovery Plan (IDP) to ECOLOGY, using the ECOLOGY template. The
RECIPIENT will ensure that all contractors and subcontractors have a copy of the completed IDP prior to and while working
on-site. The IDP template may be found on the ECOLOGY website.
B.The RECIPIENT will submit the State Environmental Policy Act (SEPA) checklist for ECOLOGY project manager review
and notify the ECOLOGY project manager when the official comment period begins . The RECIPIENT will also upload the
final SEPA determination.
C.The RECIPIENT is responsible for application of, receipt of, and compliance with all required local, state, tribal, and
federal permits, licenses, easements, or property rights necessary for the project.
Task Goal Statement:
The RECIPIENT will complete all cultural and environmental reviews and permitting tasks in a timely manner .
Task Expected Outcome:
The project will meet the requirements set forth by the cultural resource protection requirements, State Environmental Policy
Act, and all other applicable federal, state, and local laws, and regulations.
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Page 10 of 45State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00011
SE 172nd St Water Quality Retrofit
City of Renton
Deliverables
Cultural and Environmental Review, and Permitting
Number Description Due Date
2.1 ECOLOGY Cultural Resources Review Form.
Email the form and any supplemental cultural resources documentation directly
to the ECOLOGY Project Manager. DO NOT upload the cultural resources
form or documentation to EAGL.
2.2 ECOLOGY Inadvertent Discovery Plan (IDP).
Email the form directly to the ECOLOGY Project Manager for review .
Upload to EAGL once review is complete.
2.3 SEPA Checklist.
Upload the checklist, or other documentation for projects considered exempt
from SEPA review, to EAGL and notify ECOLOGY when official comment
period begins.
2.4 Final SEPA Determination.
Upload to EAGL and notify ECOLOGY.
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Page 11 of 45State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00011
SE 172nd St Water Quality Retrofit
City of Renton
SCOPE OF WORK
Task Number:3 Task Cost: $25,000.00
Task Title:Design Plans and Specifications
Task Description:
The RECIPIENT must ensure the following items are completed and provide the associated deliverables to ECOLOGY . The
RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance .
The RECIPIENT will develop a stormwater project design. The design submittals must conform to the Deliverables for
Stormwater Projects with Ecology Funding Document. Projects must be designed in accordance with the Stormwater
Management Manual for Eastern Washington , Stormwater Management Manual for Western Washington , or equivalent
manual. Refer to the ECOLOGY website for specific guidance . Project must be reviewed and accepted in writing by
ECOLOGY to be eligible for reimbursement.
The RECIPIENT will upload the design submittals listed below to EAGL for ECOLOGY review. Reduce design figures to
11x17 inches in size and ensure they are legible.
A.The RECIPIENT will submit a Design Report to ECOLOGY for review and acceptance . Allow 45 calendar days for
ECOLOGY review.
The RECIPIENT agrees to respond to ECOLOGY comments. The RECIPIENT must receive an Ecology Design Report
Acceptance Letter prior to proceeding to 90 Percent Design.
1.The RECIPIENT will calculate and submit a preliminary equivalent new/re-development area for the completed design
using the methods outlined in the Stormwater Deliverables Document.
B.The RECIPIENT will submit a 90 Percent Design Package to ECOLOGY for review and acceptance . At a minimum, this
package must include 90 percent plans, specifications, engineer’s opinion of cost including a schedule of eligible costs , and
project construction schedule. The current required bid inserts and specifications may be found on the Ecology website. Allow
45 calendar days for ECOLOGY review.
The RECIPIENT agrees to respond to ECOLOGY comments. The RECIPIENT must receive an Ecology 90 Percent Design
Acceptance Letter prior to proceeding to Final Bid Package.
C.The RECIPIENT will submit a Final Bid Package to ECOLOGY for review and acceptance prior to advertising the
project. The Final Bid Package includes: project plans, specifications, engineer’s opinion of cost including a schedule of eligible
costs, and project construction schedule. Allow 15 calendar days for ECOLOGY review.
The RECIPIENT agrees to respond to ECOLOGY comments. The RECIPIENT must receive an Ecology Final Bid Package
Acceptance Letter prior to advertising the project.
Task Goal Statement:
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Page 12 of 45State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00011
SE 172nd St Water Quality Retrofit
City of Renton
The RECIPIENT will complete all design tasks and respond to ECOLOGY comments in a timely manner .
Task Expected Outcome:
The project will meet the requirements set forth by ECOLOGY water quality facility design standards and all other applicable
federal, state, and local laws, and regulations.
Deliverables
Design Plans and Specifications
Number Description Due Date
3.1 Contract documents, if procuring services for design. The contract must
include ECOLOGY’s standard contract clauses and/or specification insert.
Upload to EAGL and notify ECOLOGY.
3.2 Design Report.
Upload to EAGL and notify ECOLOGY.
3.3 Responses to ECOLOGY Design Report comments .
Upload to EAGL and notify ECOLOGY.
3.4 ECOLOGY Design Report Acceptance Letter .
Upload to EAGL and notify ECOLOGY.
3.5 90 Percent Design Package.
Upload to EAGL and notify ECOLOGY.
3.6 Responses to ECOLOGY 90 Percent Design Package comments.
Upload to EAGL and notify ECOLOGY.
3.7 ECOLOGY 90 Percent Design Acceptance Letter .
Upload to EAGL and notify ECOLOGY.
3.8 Final Bid Package.
Upload to EAGL and notify ECOLOGY.
3.9 Responses to ECOLOGY Final Bid Package comments.
Upload to EAGL and notify ECOLOGY.
3.10 Ecology Final Bid Package Acceptance Letter.
Upload to EAGL and notify ECOLOGY.
3.11 Bid Documents (e.g. bid announcement, bid tabulations, and bid award).
Upload to EAGL and notify ECOLOGY.
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Page 13 of 45State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00011
SE 172nd St Water Quality Retrofit
City of Renton
SCOPE OF WORK
Task Number:4 Task Cost: $100,000.00
Task Title:Construction Management
Task Description:
The RECIPIENT must ensure the following items are completed and provide the associated deliverables to ECOLOGY . The
RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance .
A.The RECIPIENT will provide construction oversight and management of the project .
B.The RECIPIENT will submit a detailed Construction Quality Assurance Plan (CQAP) to ECOLOGY for review and
acceptance before the start of construction. This plan must describe how the RECIPIENT will perform adequate and
competent construction oversight. Guidance for CQAP development is located in the Design Deliverables Document available
on the ECOLOGY website. Allow 15 calendar days for ECOLOGY review .
C.The RECIPIENT will conduct a pre-construction conference meeting and invite ECOLOGY to attend .
D.The RECIPIENT will submit a project schedule prior to the start of construction and whenever major changes occur .
E.Prior to execution, the RECIPIENT will submit to ECOLOGY any eligible change orders that deviate from
ECOLOGY-accepted plans and specifications. ECOLOGY must review and accept all change orders that affect grant eligible
activities prior to implementation. Allow 10 calendar days for ECOLOGY review.
Task Goal Statement:
The RECIPIENT will oversee and manage construction , communicate with ECOLOGY in a timely fashion, and provide
ECOLOGY with all requested project documentation.
Task Expected Outcome:
The project will be constructed on schedule and in accordance with accepted plans.
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Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00011
SE 172nd St Water Quality Retrofit
City of Renton
Deliverables
Construction Management
Number Description Due Date
4.1 Construction Quality Assurance Plan.
Upload to EAGL and notify ECOLOGY. Upload ECOLOGY acceptance
documentation.
4.2 Pre-Construction Conference Meeting Minutes.
Upload to EAGL and notify ECOLOGY.
4.3 Project Schedule.
Submit prior to construction and when changes occur. Upload to EAGL and
notify ECOLOGY.
4.4 Change Order(s).
Upload to EAGL and notify ECOLOGY. Upload ECOLOGY acceptance
documentation.
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Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00011
SE 172nd St Water Quality Retrofit
City of Renton
SCOPE OF WORK
Task Number:5 Task Cost: $3,355,000.00
Task Title:Construction
Task Description:
The RECIPIENT must ensure the following items are completed and provide the associated deliverables to ECOLOGY . The
RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance .
A.The RECIPIENT will complete construction of the project in accordance with ECOLOGY -accepted plans and
specifications. The construction project will include installation of a new conveyance system and GULD-approved Filterra
stormwater biofiltration systems to mitigate runoff from approximately 2.41 of pollution-generating impervious surfaces.
B.Stormwater Construction Completion Form signed by a professional engineer indicating that the project was completed in
accordance with the plans and specifications, and major change orders approved by ECOLOGY’s Project Engineer and
shown on the Record Drawings. The Stormwater Construction Completion Form can be found on the ECOLOGY website .
Task Goal Statement:
Construction of the project in accordance with ECOLOGY-accepted plans and specifications.
Task Expected Outcome:
Constructed project will provide water quality benefits including reductions in total suspended solids (TSS), dissolved copper,
and dissolved zinc.
Deliverables
Construction
Number Description Due Date
5.1 Signed and dated construction contract.
Upload to EAGL and notify ECOLOGY.
5.2 Stormwater Construction Completion Form.
Upload to EAGL and notify ECOLOGY.
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Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00011
SE 172nd St Water Quality Retrofit
City of Renton
SCOPE OF WORK
Task Number:6 Task Cost: $10,000.00
Task Title:Project Close Out
Task Description:
The RECIPIENT must ensure the following items are completed and provide the associated deliverables to ECOLOGY . The
RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance .
A.The RECIPIENT will operate and maintain the constructed facility for the design life of the facility . The RECIPIENT will
develop and submit an Operations and Maintenance (O&M) plan for all facilities constructed with ECOLOGY funding to
ECOLOGY for review. The O&M plan must address long-term activities to assure ongoing pollutant removal and flow-control
capability of the project in accordance with the design manual. O&M plan development guidance is located in the Deliverables
Document available on the ECOLOGY website . Allow 15 calendar days for ECOLOGY review.
B.The RECIPIENT will submit a final GIS compatible project area as a shapefile , geodatabase file, or ECOLOGY-accepted
equivalent. The project area should include polygon features for stormwater facilities and contributing areas.
C.The RECIPIENT will submit the Recipient Close Out Report (RCOR) in EAGL in accordance with Task 1.
D.The RECIPIENT will submit an Outcomes Summary using the ECOLOGY template .
E.The RECIPIENT will calculate and submit a final equivalent new/re-development area for the completed retrofit project(s)
using the methods outlined in the Stormwater Deliverables Document. Include a table showing the final equivalent
new/re-development area compared to the area provided in the ECOLOGY-accepted Design Report.
Task Goal Statement:
The RECIPIENT will complete all close out submittals in a timely manner.
Task Expected Outcome:
* Timely and complete submittal of O&M plan, equivalent area calculation, GIS, Recipient Closeout Report, and Outcomes
Summary.
* Proper maintenance of the constructed facility to maintain water quality benefits.
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Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00011
SE 172nd St Water Quality Retrofit
City of Renton
Deliverables
Project Close Out
Number Description Due Date
6.1 Facility Operation and Maintenance Plan.
Upload to EAGL and notify ECOLOGY. Upload ECOLOGY acceptance
documentation.
6.2 Final project area shapefile, geodatabase file, or ECOLOGY-accepted
equivalent.
Upload to EAGL and notify ECOLOGY. Upload ECOLOGY acceptance
documentation.
6.3 Outcomes Summary. Upload to EAGL and notify ECOLOGY.
6.4 Final, as constructed, equivalent new/redevelopment area determination.
Upload to EAGL and notify ECOLOGY.
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Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00011
SE 172nd St Water Quality Retrofit
City of Renton
BUDGET
Funding Distribution EG240189
NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment
remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple
funding distribution numbers to identify each budget.
Title:
State
SFAP-SFY24
100%
Environmental Legacy Stewarship Account (ELSA) - State
Type:
Funding Source %:
Description:
FDFund:
Approved Indirect Costs Rate:
Recipient Match %:
InKind Interlocal Allowed:
InKind Other Allowed:
Is this Funding Distribution used to match a federal grant? No
Approved State Indirect Rate: 0%
15%
No
No
Funding Title:
Funding Source:
Funding Expiration Date:
Funding Type:
Funding Effective Date:
SFAP
07/01/2023 12/31/2025
Grant
SFAP Task Total
Grant and Loan Administration 10,000.00$
Cultural and Environmental Review, and Permitting 0.00$
Design Plans and Specifications 25,000.00$
Construction Management 100,000.00$
Construction 3,355,000.00$
Project Close Out 10,000.00$
3,500,000.00$Total:
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Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00011
SE 172nd St Water Quality Retrofit
City of Renton
Funding Distribution Summary
Recipient / Ecology Share
Recipient Share Ecology Share TotalRecipient Match %Funding Distribution Name
$$$%2,975,000.00 3,500,000.00525,000.0015.00SFAP
Total $$525,000.00 2,975,000.00 $3,500,000.00
AGREEMENT SPECIFIC TERMS AND CONDITIONS
N/A
SPECIAL TERMS AND CONDITIONS
WQC-2024—Water Quality Program Special Terms and Conditions (Update June 2023)
SECTION 1: DEFINITIONS
Unless otherwise provided, the following terms will have the respective meanings for all purposes of this agreement:
“Administration Charge” means a charge established in accordance with Chapter 90.50A RCW and Chapter 173-98 WAC,
to be used to pay Ecology’s cost to administer the State Revolving Fund by placing a percentage of the interest earned in an
Administrative Charge Account .
“Administrative Requirements” means the effective edition of ECOLOGY 's Administrative Requirements for Recipients of
Ecology Grants and Loans at the signing of this agreement.
“Annual Debt Service” for any calendar year means for any applicable bonds or loans including the loan, all interest plus all
principal due on such bonds or loans in such year.
“Average Annual Debt Service” means , at the time of calculation, the sum of the Annual Debt Service for the remaining years
of the loan to the last scheduled maturity of the loan divided by the number of those years.
“Accrued Interest” means the interest incurred as loan funds are disbursed.
“Acquisition” means the purchase or receipt of a donation of fee or less than fee interests in real property. These interests
include, but are not limited to, conservation easements, access/trail easements, covenants, water rights, leases, and mineral
rights.
“Build American Buy American (BABA)” means a portion of the Infrastructure Investment and Jobs Act and establishes a
domestic content procurement preference for all Federal financial assistance obligated for infrastructure projects after May 14,
2022.
“Bipartisan Infrastructure Law (BIL)” means funding to improve drinking water, wastewater and stormwater infrastructure.
“Centennial Clean Water Program” means the state program funded from various state sources .
“Contract Documents” means the contract between the RECIPIENT and the construction contractor for construction of the
project.
“Construction Materials” means an article, material, or supply (other than an item of primarily iron or steel; a manufactured
product; cement and cementitious materials; aggregates such as stone, sand, or gravel; aggregate binding agents or additives;
or non-permanent products) that is or consists primarily of, non-ferrous metals, plastic and polymer-based products (including
polyvinylchloride, composite building materials, and polymers used in fiber optic cables), (including optic glass), lumber, and
drywall.
“Cost Effective Analysis” means a comparison of the relative cost -efficiencies of two or more potential ways of solving a water
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Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00011
SE 172nd St Water Quality Retrofit
City of Renton
quality problem as described in Chapter 173-98-730 WAC.
“Davis Bacon Prevailing Wage Act” means the federal law mandating on -site workers on public works projects be paid
certain wages, benefits, and overtime (also known as “prevailing wage” on all government-funded construction, alteration, and
repair projects.
“Defease” or “Defeasance” means the setting aside in escrow or other special fund or account of sufficient investments and
money dedicated to pay all principal of and interest on all or a portion of an obligation as it comes due.
“Effective Date” means the earliest date on which eligible costs may be incurred .
“Effective Interest Rate” means the total interest rate established by Ecology that includes the Administrative Charge .
“Estimated Loan Amount” means the initial amount of funds loaned to the RECIPIENT .
“Estimated Loan Repayment Schedule” means the schedule of loan repayments over the term of the loan based on the
Estimated Loan Amount and the estimated schedule for completion of the project .
“Equivalency” means the amount of State Revolving Fund (SRF) funding each funding cycle equivalent to the EPA grant to
Ecology.
“Equivalency Project” means State Revolving Fund (SRF) funded project(s) designated by ECOLOGY to receive federal
funding and meet additional federal requirements.
“Expiration Date” means the latest date on which eligible costs may be incurred.
“Final Accrued Interest” means the interest accrued beginning with the first disbursement of funds to the RECIPIENT through
such time as the loan is officially closed out and a final loan repayment schedule is issued .
“Final Loan Amount” means all principal of and accrued interest on the loan from the Project Start Date through the Project
Completion Date.
“Final Loan Repayment Schedule” means the schedule of loan repayments over the term of the loan based on the Final Loan
Amount and the initiation of operation or completion date, whichever comes first.
“Forgivable Principal” means the portion of a loan that is not required to be paid back by the borrower .
“General Obligation Debt” means an obligation of the RECIPIENT secured by annual ad valorem taxes levied by the
RECIPIENT and by the full faith, credit, and resources of the RECIPIENT.
“General Obligation Payable from Special Assessments Debt” means an obligation of the RECIPIENT secured by a valid
general obligation of the Recipient payable from special assessments to be imposed within the constitutional and statutory tax
limitations provided by law without a vote of the electors of the RECIPIENT on all the taxable property within the boundaries
of the RECIPIENT.
“Gross Revenue” means all of the earnings and revenues received by the RECIPIENT from the maintenance and operation of
the Utility and all earnings from the investment of money on deposit in the Loan Fund, except (i) Utility Local Improvement
Districts (ULID) Assessments, (ii) government grants, (iii) RECIPIENT taxes, (iv) principal proceeds of bonds and other
obligations, or (v) earnings or proceeds (A) from any investments in a trust, Defeasance, or escrow fund created to Defease or
refund Utility obligations or (B) in an obligation redemption fund or account other than the Loan Fund until commingled with
other earnings and revenues of the Utility or (C) held in a special account for the purpose of paying a rebate to the United
States Government under the Internal Revenue Code.
“Guidelines” means the ECOLOGY's Funding Guidelines that that correlate to the State Fiscal Year in which the project is
funded.
“Initiation of Operation Date” means the actual date the facility financed with proceeds of the loan begins to operate for its
intended purpose. (For loans only)
“Iron and Steel Products” means products made primarily of iron or steel including but may not be limited to: lined or unlined
pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves,
structural steel, reinforced precast concrete, and construction materials.
“Loan” means the Washington State Water Pollution Control Revolving Fund Loan or Centennial Clean Water Fund
(Centennial) Loan made pursuant to this loan agreement.
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Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00011
SE 172nd St Water Quality Retrofit
City of Renton
“Loan Amount” means either an Estimated Loan Amount or a Final Loan Amount , as applicable.
“Loan Fund” means the special fund created by the RECIPIENT for the repayment of the principal of and interest on the loan .
“Loan Security” means the mechanism by which the RECIPIENT pledges to repay the loan .
“Loan Term” means the repayment period of the loan .
“Maintenance and Operation Expense” means all reasonable expenses incurred by the RECIPIENT in causing the Utility to be
operated and maintained in good repair, working order, and condition including payments to other parties, but will not include
any depreciation or RECIPIENT levied taxes or payments to the RECIPIENT in lieu of taxes .
“Manufactured Products” means, items and construction materials composed in whole or in part of non-ferrous metals such as
aluminum plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concreate; glass, including
optical fiber; and lumber.
“Produced in the United States” means for iron and steel products, that all manufacturing processes, from the initial melting
state through the application of coatings, occurred in the Untied States.
“Net Revenue” means the Gross Revenue less the Maintenance and Operation Expense.
“Original Engineer’s Estimate” means the engineer’s estimate of construction costs included with bid documents .
“Prevailing Wage” means hourly wage, usual benefits, and overtime paid in the largest city in each county , to the majority of
workers, laborers, and mechanics performing the same work. The rate is established separately for each county.
“Principal and Interest Account” means , for a loan that constitutes Revenue-Secured Debt, the account created in the loan fund
to be first used to repay the principal of and interest on the loan.
“Project” means the project described in this agreement.
“Project Completion Date” means the date specified in the agreement on which the Scope of Work will be fully completed and
is the last day eligible costs can be incurred. This term is only used in loan agreements.
“Project Schedule” means that schedule for the project specified in the agreement.
“Revenue-Secured Debt” means an obligation of the RECIPIENT secured by a pledge of the revenue of a utility and one not a
general obligation of the RECIPIENT.
“Reserve Account” means , for a loan that constitutes a Revenue Secured Debt and if specifically identified as a term and
condition of the funding agreement, the account of that name created in the loan fund to secure the payment of the principal of
and interest on the loan.
“Risk-Based Determination” means an approach to sub-recipient monitoring and oversight based on risk factors associated to
a RECIPIENT or project.
“Scope of Work” means the tasks and activities constituting the project .
“Section 319” means the section of the Clean Water Act that provides funding to address nonpoint sources of water pollution .
“Senior Lien Obligations” means all revenue bonds and other obligations of the RECIPIENT outstanding on the date of
execution of this loan agreement (or subsequently issued on a parity therewith, including refunding obligations) or issued after
the date of execution of this loan agreement having a claim or lien on the Gross Revenue of the Utility prior and superior to the
claim or lien of the loan, subject only to Maintenance and Operation Expense.
“State Water Pollution Control Revolving Fund (Revolving Fund)” means the water pollution control revolving fund established
by Chapter 90.50A.020 RCW.
“Termination Date” means the effective date of ECOLOGY’s termination of the agreement .
“Termination Payment Date” means the date on which the RECIPIENT is required to repay to ECOLOGY any outstanding
balance of the loan and all accrued interest.
“Total Eligible Project Cost” means the sum of all costs associated with a water quality project that have been determined to
be eligible for ECOLOGY grant or loan funding, including any required recipient match.
“Total Project Cost” means the sum of all costs associated with a water quality project , including costs that are not eligible for
ECOLOGY grant or loan funding.
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Page 22 of 45State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00011
SE 172nd St Water Quality Retrofit
City of Renton
“Unique Entity Identity Identifier (UEI)” means a 12-character alphanumeric ID assigned by SAM.gov. to an entity doing
business with or receiving funds from the federal government. This number replaces the DUNS number.
“ULID” means any utility local improvement district of the RECIPIENT created for the acquisition or construction of additions
to and extensions and betterments of the Utility.
“ULID Assessments” means all assessments levied and collected in any ULID . Such assessments are pledged to be paid into
the Loan Fund (less any prepaid assessments permitted by law to be paid into a construction fund or account). ULID
Assessments will include principal installments and any interest or penalties which may be due.
“Utility” means the sewer system, stormwater system, or the combined water and sewer system of the RECIPIENT, the Net
Revenue of which is pledged to pay and secure the loan.
SECTION 2: CONDITIONS APPLY TO ALL RECIPIENTS OF WATER QUALITY COMBINED FINANCIAL
ASSISTANCE FUNDING.
The Water Quality Financial Assistance Funding Guidelines are included in this agreement by reference and are available on
ECOLOGY’s Water Quality Program website.
A. Accounting Standards: The RECIPIENT shall maintain accurate records and accounts for the project (PROJECT Records)
in accordance with Generally Accepted Accounting Principles (GAAP) as issued by the Governmental Accounting Standards
Board (GASB), including standards related to the reporting of infrastructure assets or in accordance with the standards in
Chapter 43.09.200 RCW “Local Government Accounting – Uniform System of Accounting .”
B. Architectural and Engineering Services: The RECIPIENT certifies by signing this agreement that the requirements of
Chapter 39.80 RCW, “Contracts for Architectural and Engineering Services ,” have been, or shall be, met in procuring
qualified architectural/engineering services. The RECIPIENT shall identify and separate eligible and ineligible costs in the final
architectural/engineering services contract and submit a copy of the contract to ECOLOGY.
C. Acquisition: The following provisions shall be in force only if the project described in this agreement is an acquisition project:
a. Evidence of Land Value and Title. The RECIPIENT shall submit documentation of the cost of the property rights and the
type of ownership interest that has been acquired.
b. Legal Description of Real Property Rights Acquired . The legal description of the real property rights purchased with funding
assistance provided through this agreement (and protected by a recorded conveyance of rights to the State of Washington )
shall be incorporated into the agreement before final payment.
c. Conveyance of Rights to the State of Washington. Upon purchase of real property rights (both fee simple and lesser
interests), the RECIPIENT shall execute the document necessary to convey certain rights and responsibilities to ECOLOGY ,
on behalf of the State of Washington . The documents required will depend on the project type, the real property rights being
acquired, and whether or not those rights are being acquired in perpetuity (see options below). The RECIPIENT shall use
language provided by ECOLOGY, to record the executed document in the County where the real property lies, and to
provide a copy of the recorded document to ECOLOGY.
Documentation Options:
1. Deed of Right. The Deed of Right conveys to the people of the state of Washington the right to preserve , protect, and/or
use the property for public purposes consistent with the fund source. RECIPIENTs shall use this document when acquiring real
property rights that include the underlying land. This document may also be applicable for those easements where the
RECIPIENT has acquired a perpetual easement for public purposes . The RECIPIENT must obtain ECOLOGY approval on
the draft language prior to executing the deed of right.
2. Assignment of Rights. The Assignment of Rights document transfers certain rights such as access and enforcement to
ECOLOGY. The RECIPIENT shall use this document when an easement or lease is being acquired for water quality and
habitat conservation. The Assignment of Rights requires the signature of the underlying landowner and must be incorporated by
reference in the easement document.
3. Easements and Leases. The RECIPIENT may incorporate required language from the Deed of Right or Assignment of
Rights directly into the easement or lease document, thereby eliminating the requirement for a separate document. Language
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Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00011
SE 172nd St Water Quality Retrofit
City of Renton
will depend on the situation; therefore, the RECIPIENT must obtain ECOLOGY approval on the draft language prior to
executing the easement or lease.
d. Real Property Acquisition and Relocation Assistance.
1. Federal Acquisition Policies. See Section 4 of this agreement for requirements specific to Section 319 and SRF funded
projects.
2. State Acquisition Policies. When state funds are part of this agreement, the RECIPIENT agrees to comply with the terms
and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policy of the State of Washington , Chapter
8.26 RCW, and Chapter 468-100 WAC.
3. Housing and Relocation. In the event that housing and relocation costs, as required by federal law set out in subsection (1)
above and/or state law set out in subsection (2) above, are involved in the execution of this project, the RECIPIENT agrees to
provide any housing and relocation assistance required.
e. Hazardous Substances.
1. Certification. The RECIPIENT shall inspect, investigate, and conduct an environmental audit of the proposed acquisition site
for the presence of hazardous substances, as defined in RCW 70.105D.020(10), and certify:
i. No hazardous substances were found on the site, or
ii. Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and federal laws,
and the site is deemed “clean.”
2. Responsibility. Nothing in this provision alters the RECIPIENT's duties and liabilities regarding hazardous substances as set
forth in RCW 70.105D.
3. Hold Harmless. The RECIPIENT will defend, protect and hold harmless ECOLOGY and any and all of its employees
and/or agents, from and against any and all liability, cost (including but not limited to all costs of defense and attorneys' fees)
and any and all loss of any nature from any and all claims or suits resulting from the presence of, or the release or threatened
release of, hazardous substances on the property the RECIPIENT is acquiring .
f. Restriction On Conversion Of Real Property And/Or Facilities To Other Uses
The RECIPIENT shall not at any time convert any real property (including any interest therein) or facility acquired, developed,
maintained, renovated, and/or restored pursuant to this agreement to uses other than those purposes for which funds were
approved without prior approval of ECOLOGY. For acquisition projects that are term limited, such as one involving a lease or
a term-limited restoration, renovation or development project or easement, this restriction on conversion shall apply only for
the length of the term, unless otherwise provided in written documents or required by applicable state or federal law. In such
case, the restriction applies to such projects for the length of the term specified by the lease, easement, deed, or landowner
agreement.
D. Best Management Practices (BMP) Implementation: If the RECIPIENT installs BMPs that are not approved by
ECOLOGY prior to installation, the RECIPIENT assumes the risk that part or all of the reimbursement for that activity may be
delayed or ineligible. For more details regarding BMP Implementation, please reference the Water Quality Financial
Assistance Funding Guidelines available on ECOLOGY’s Water Quality Program funding website .
E. Electronic Fund Transfers: Payment will be issued through Washington State’s Office of Financial Management’s Statewide
Payee Desk. To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form
and an IRS W-9 form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about
the vendor registration process or electronic fund transfers, you can contact Statewide Payee Help Desk at (360) 407-8180
or email PayeeRegistration@ofm.wa.gov.
F. Equipment Purchase: Equipment purchases over $5,000 and not included in the scope of work or the Ecology approved
construction plans and specifications, must be pre-approved by ECOLOGY’s project manager before purchase . All
equipment purchases over $5,000 and not included in a contract for work being completed on the funded project, must also
be reported on the Equipment Purchase Report in EAGL.
G. Funding Recognition: The RECIPIENT must inform the public about any ECOLOGY or EPA funding participation in this
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Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00011
SE 172nd St Water Quality Retrofit
City of Renton
project through the use of project signs, acknowledgement in published materials, reports, the news media, websites, or other
public announcements. Projects addressing site-specific locations must utilize appropriately sized and weather-resistant signs.
Contact your Ecology Project Team to determine the appropriate recognition for your project .
H. Growth Management Planning: The RECIPIENT certifies by signing this agreement that it is in compliance with the
requirements of Chapter 36.70A RCW, “Growth Management Planning by Selected Counties and Cities.” If the status of
compliance changes, either through RECIPIENT or legislative action, the RECIPIENT shall notify ECOLOGY in writing of
this change within 30 days.
I. Interlocal: The RECIPIENT certifies by signing this agreement that all negotiated interlocal agreements necessary for the
project are, or shall be, consistent with the terms of this agreement and Chapter 39.34 RCW, “Interlocal Cooperation Act.”
The RECIPIENT shall submit a copy of each interlocal agreement necessary for the project to ECOLOGY upon request .
J. Lobbying and Litigation: Costs incurred for the purposes of lobbying or litigation are not eligible for funding under this
agreement.
K. Post Project Assessment Survey: The RECIPIENT agrees to participate in 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 approximately
three years after project completion. A representative from ECOLOGY’s Water Quality Program may contact the
RECIPIENT to request this data. ECOLOGY may also conduct site interviews and inspections , and may otherwise evaluate
the project, as part of this assessment.
L. Project Status Evaluation: ECOLOGY may evaluate the status at any time. ECOLOGY’s Project Manager and Financial
Manager will meet with the RECIPIENT to review spending trends , completion of outcome measures, and overall project
administration and performance. If the RECIPIENT fails to make satisfactory progress toward achieving project outcomes ,
ECOLOGY may change the scope of work, reduce grant funds, or increase oversight measures.
M. Technical Assistance: Technical assistance for agriculture activities provided under the terms of this agreement shall be
consistent with the current U.S. Natural Resource Conservation Service (“NRCS”) Field Office Technical Guide for
Washington State and specific requirements outlined in the Water Quality Funding Guidelines . Technical assistance, proposed
practices, or project designs that do not meet these standards may be eligible if approved in writing by ECOLOGY.
SECTION 3: CONDITIONS APPLY TO SECTION 319 AND CENTENNIAL CLEAN WATER FUNDED PROJECTS
BEING USED TO MATCH SECTION 319 FUNDS.
The RECIPIENT must submit the following documents to ECOLOGY before this agreement is signed by ECOLOGY :
1. Federal Funding Accountability and Transparency Act (FFATA) Form is available on the Water Quality Program website
and must be completed and submitted to Ecology. (This form is used for Section 319 (federal) funds only)
2. “Section 319 Initial Data Reporting” form must be completed in EAGL.
A. Data Reporting: The RECIPIENT must complete the “Section 319 Initial Data Reporting” form in EAGL before this
agreement can be signed by Ecology. This form is used to gather general information about the project for EPA .
B. Funding Recognition and Outreach: In addition to Section 2.F. of these Special Terms and Conditions, the RECIPIENT
shall provide signage that informs the public that the project is funded by EPA . The signage shall contain the EPA logo and
follow usage requirements available at http://www2.epa.gov/stylebook/using-epa-seal-and-logo. To obtain the appropriate
EPA logo or seal graphic file, the RECIPIENT may send a request to their Ecology Financial Manager.
To increase public awareness of projects serving communities where English is not the predominant language , RECIPIENTS
are encouraged to provide their outreach strategies communication in non-English languages. Translation costs for this purpose
are allowable, provided the costs are reasonable. (Applies to both the Section 319 funded projects and the Centennial match
projects)
The RECIPIENT shall use the following paragraph in all reports, documents, and signage developed under this agreement:
(Applies to Section 319 funded projects only)
“This project has been funded wholly or in part by the United States Environmental Protection Agency under an assistance
agreement to the Washington State Department of Ecology . The contents of this document do not necessarily reflect the views
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Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00011
SE 172nd St Water Quality Retrofit
City of Renton
and policies of the Environmental Protection Agency , nor does the mention of trade names or commercial products constitute
endorsement or recommendation for use.”
C. Load Reduction Reporting: The RECIPIENT shall complete the “Section 319 Annual Load Reduction Reporting” form in
EAGL by January 15 of each year and at project close-out. ECOLOGY may hold reimbursements until the RECIPIENT has
completed the form. This form is used to gather information on best management practices (BMPs) installed and associated
pollutant load reductions that were funded as a part of this project.
D. Time Extension: The RECIPIENT may request a one-time extension for up to 12 months. However, the time extension
cannot exceed the time limitation established in EPA’s assistance agreement . In the event a time extension is requested and
approved by ECOLOGY, the RECIPIENT must complete all eligible work performed under this agreement by the expiration
date. (For Section 319 funded projects only)
SECTION 4: CONDITIONS APPLY TO ALL FEDERAL FUNDING AGREEMENTS, INCLUDING SECTION 319,
State Revolving Fund (SRF) Equivalency Projects, and SEWER OVERFLOW AND STORMWATER REUSE
MUNICIPAL GRANT (OSG)
A. Acquisitions: RECIPIENTs shall comply with the terms and conditions of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, 84 Stat. 1894 (1970)--Public Law 91-646, as amended by the Surface
Transportation and Uniform Relocation Assistance Act , PL 100-17-1987, and applicable regulations and procedures of the
federal agency implementing that Act.
B. Audit Requirements: In accordance with 2 CFR 200.501(a), the RECIPIENT agrees to obtain a single audit from an
independent auditor, if their organization expends $750,000 or more in total Federal funds in their fiscal year. The
RECIPIENT must submit the form SF-SAC and a Single Audit Report Package within 9 months of the end of the fiscal year
or 30 days after receiving the report from an independent auditor. The SF-SAC and a Single Audit Report Package MUST be
submitted using the Federal Audit Clearinghouse’s Internet Data Entry System available at : https://facweb.census.gov/.
C. Archaeological Resources and Historic Properties (Section 106): This requires completion of the Ecology Cultural
Resources Review Form, coordination with Ecology Cultural Resources staff , and receipt of the Ecology Final Determination
prior to any property acquisition and above and below ground disturbing activities.
D. Architectural and Engineering Services Procurement: The RECIPIENT must procure architectural and engineering services
in accordance with the federal requirements in Chapter 11 of Title 40, U.S.C. (see
https://uscode.house.gov/view.xhtml?path=/prelim@title40/subtitle1/chapter 11&edition=prelim).
E Build America, Buy America (BABA – Pub. L. No. 117-58, 70901-52) (Federally funded SRF Equivalency projects only):
The RECIPIENT identified by ECOLOGY as receiving federal equivalency funding agrees to comply with all federal
requirements applicable to the assistance received (including those imposed by the Infrastructure Investment and Jobs Act
(“IIJA”/BIL), Public Law No. 117-58) which the RECIPIENT understands includes, but is not limited to, the following
requirements: that all the iron and steel, manufactured products, and construction materials used in the Project are to be
produced in the United States (“Build America, Buy America Requirements”) unless (i) the RECIPIENT has requested and
obtained a waiver from the cognizant Agency pertaining to the Project or the Project is otherwise covered by a general
applicability waiver; or (ii) all of the contributing Agencies have otherwise advised the RECIPIENT in writing that the Build
America, Buy America Requirements are not applicable to the project .
RECPIENT shall comply with all record keeping and reporting requirements under all applicable legal authorities , including any
reports required by the funding authority (such as EPA and/or a state), such as performance indicators of program deliverables,
information on costs and project progress. The RECIPIENT identified by ECOLOGY as receiving federal equivalency
funding, understands that (i) each contract and subcontract related to the project is subject to audit by appropriate federal and
state entities and (ii) failure to comply with the applicable legal requirements and this Agreement may result in a default
hereunder that results in a repayment of the assistance agreement in advance of termination and/or repayment of assistance,
and/or other remedial actions.
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Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00011
SE 172nd St Water Quality Retrofit
City of Renton
EPA has granted an adjustment period waiver of the requirements of Section 70914(a) of the BIL, pursuant to Section
70914(b)(1) (public interest waiver), for eligible projects financed by SRF projects that have initiated project design planning
prior to May 14, 2022, the statutory effective date of the BABA requirements . This action permits the use of non-domestic
manufactured products and construction materials in such projects funded by a Clean Water or Drinking Water SRF that may
otherwise be prohibited under the BABA requirements of Section 70914. This action permits the use of non-domestic
manufactured products and construction materials in such projects funded by a Clean Water or Drinking Water SRF that may
otherwise be prohibited under the BABA requirements of Section 70914. Sections 70917(a) and (b) of BIL provide a savings
provision for existing statutory requirements that meet or exceed BABA requirements . The statutory American Iron and Steel
(AIS) requirements of Clean Water Act (CWA) Section 608 and Safe Drinking Water Act (SDWA) Section 1452(a)(4) has
previously applied to SRF projects and will continue to do so as part of BABA requirements .
Where manufactured products used in the project are required to be produced in the United States, manufactured product
shall mean manufactured in the United States, and the cost of the components of the manufactured product that are mined,
produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the
manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured
product has been established under applicable law or regulation. The manufactured products included cover the majority of
potential water infrastructure products, including complex products made up of a variety of material types and components.
For water infrastructure projects, commonly manufactured products would include, but not be limited to, pumps, motors,
blowers, aerators, generators, instrumentation and control systems, gauges, meters, measurement equipment, treatment
equipment, dewatering equipment, actuators, and many other mechanical and electrical items.
F. Disadvantaged Business Enterprise (DBE): General Compliance, 40 CFR, Part 33. The RECIPIENT agrees to comply
with the requirements of the Environmental Protection Agency’s Program for Utilization of Small , Minority, and Women’s
Business Enterprises (MBE/WBE) 40CFR, Part 33 in procurement under this agreement.
Six Good Faith Efforts, 40 CFR, Part 33, Subpart C. The RECIPIENT agrees to make the following good faith efforts
whenever procuring construction, equipment, services, and supplies under this agreement. Records documenting compliance
with the following six good faith efforts shall be retained:
1) Ensure Disadvantaged Business Enterprises are made aware of contracting opportunities to the fullest extent practicable
through outreach and recruitment activities. For Indian Tribal, State and Local and Government RECIPIENTs , this shall
include placing Disadvantaged Business Enterprises on solicitation lists and soliciting them whenever they are potential sources.
2) Make information on forthcoming opportunities available to Disadvantaged Business Enterprises and arrange time frames for
contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation
by Disadvantaged Business Enterprises in the competitive process. This includes, whenever possible, posting solicitations for
bids or proposals for a minimum of thirty (30) calendar days before the bid or proposal closing date.
3) Consider, in the contracting process, whether firms competing for large contracts could subcontract with Disadvantaged
Business Enterprises. For Indian Tribal, State, and Local Government RECIPIENTs, this shall include dividing total
requirements when economically feasible into smaller tasks or quantities to permit maximum participation by Disadvantaged
Business Enterprises in the competitive process.
4) Encourage contracting with a consortium of Disadvantaged Business Enterprises when a contract is too large for one of
these firms to handle individually.
5) Use services and assistance of the Small Business Administration and the Minority Business Development Agency of the
Department of Commerce.
6) If the prime contractor awards subcontracts, require the prime contractor to take the five good faith efforts steps in
paragraphs 1 through 5 above.
The RECIPIENT agrees to submit ECOLOGY’s Contractor Participation Report Form D with each payment request .
Contract Administration Provisions, 40 CFR, Section 33.302. The RECIPIENT agrees to comply with the contract
administration provisions of 40 CFR, Section 33.302.
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Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00011
SE 172nd St Water Quality Retrofit
City of Renton
Non-discrimination Provision. The RECIPIENT shall not discriminate on the basis of race , color, national origin, or sex in the
performance of this agreement. The RECIPIENT shall carry out applicable requirements of 40 CFR Part 33 in the award and
administration of contracts awarded under EPA financial assistance agreements . Failure by the RECIPIENT to carry out these
requirements is a material breach of this agreement which may result in the termination of this contract or other legally available
remedies.
This does not preclude the RECIPIENT from enacting broader nondiscrimination protections .
The RECIPIENT shall comply with all federal and state nondiscrimination laws, including but not limited to, Title VI and VII of
the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972,
the Age Discrimination Act of 1975, and Chapter 49.60 RCW, Washington’s Law Against Discrimination, and 42 U.S.C.
12101 et seq, the Americans with Disabilities Act (ADA).
In the event of the RECIPIENT’s noncompliance or refusal to comply with any applicable nondiscrimination law , regulation, or
policy, this agreement may be rescinded, canceled, or terminated in whole or in part and the RECIPIENT may be declared
ineligible for further funding from ECOLOGY. The RECIPIENT shall, however, be given a reasonable time in which to cure
this noncompliance.
The RECIPIENT shall include the following terms and conditions in contracts with all contractors , subcontractors, engineers,
vendors, and any other entity for work or services pertaining to this agreement.
“The Contractor will not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. The
Contractor will carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded
under Environmental Protection Agency financial agreements . Failure by the Contractor to carry out these requirements is a
material breach of this Contract which may result in termination of this Contract or other legally available remedies.”
Bidder List, 40 CFR, Section 33.501(b) and (c). The RECIPIENT agrees to create and maintain a bidders list . The bidders
list shall include the following information for all firms that bid or quote on prime contracts, or bid or quote subcontracts,
including both MBE/WBEs and non-MBE/WBEs.
1. Entity's name with point of contact
2. Entity's mailing address, telephone number, and e-mail address
3. The procurement on which the entity bid or quoted, and when
4. Entity's status as an MBE/WBE or non-MBE/WBE
G. Electronic and information Technology (EIT) Accessibility: RECIPIENTs shall ensure that loan funds provided under this
agreement for costs in the development or purchase of EIT systems or products provide individuals with disabilities reasonable
accommodations and an equal and effective opportunity to benefit from or participate in a program , including those offered
through electronic and information technology as per Section 504 of the Rehabilitation Act, codified in 40 CFR Part 7.
Systems or products funded under this agreement must be designed to meet the diverse needs of users without barriers or
diminished function or quality. Systems shall include usability features or functions that accommodate the needs of persons with
disabilities, including those who use assistive technology.
H. Federal Funding Accountability and Transparency Act (FFATA) Form, available on the Water Quality Program website.
I. Hotel-Motel Fire Safety Act: The RECIPIENT shall ensure that all space for conferences, meetings, conventions, or
training seminars funded in whole or in part with federal funds complies with the protection and control guidelines of the Hotel
and Motel Fire Safety Act (15 USC 2225a, PL 101-391, as amended). Recipients may search the Hotel-Motel National
Master List at http://www.usfa.dhs.gov/applications/hotel/ to see if a property is in compliance, or to find other information
about the Act. Pursuant to 15 USC 2225a.
J. Prevailing Wage (Davis-Bacon Act): The RECIPIENT agrees, by signing this agreement, to comply with the Davis-Bacon
Act prevailing wage requirements. This applies to the construction, alteration, and repair of treatment works carried out, in
whole or in part, with assistance made available by the State Revolving Fund as authorized by Section 513, title VI of the
Federal Water Pollution Control Act (33 U.S.C. 1372). Laborers and mechanics employed by contractors and
subcontractors shall be paid wages not less often than once a week and at rates not less than those prevailing on projects of a
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Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00011
SE 172nd St Water Quality Retrofit
City of Renton
character similar in the locality as determined by the Secretary of Labor.
The RECIPIENT shall obtain the wage determination for the area in which the project is located prior to issuing requests for
bids, proposals, quotes, or other methods for soliciting contracts (solicitation). These wage determinations shall be
incorporated into solicitations and any subsequent contracts. The RECIPIENT shall ensure that the required EPA contract
language regarding Davis-Bacon Wages is in all contracts and subcontracts more than $2,000. The RECIPIENT shall
maintain records sufficient to document compliance with the Davis -Bacon Act and make such records available for review
upon request. Wage determinations and instructions for their use can be found at https ://sam.gov/.
The RECIPIENT also agrees, by signing this agreement, to comply with State Prevailing Wages on Public Works, Chapter
39.12 RCW, as applicable. Compliance may include the determination whether the project involves “public work” and
inclusion of the applicable prevailing wage rates in the bid specifications and contracts. The RECIPIENT agrees to maintain
records sufficient to evidence compliance with Chapter 39.12 RCW and make such records available for review upon request .
Where conflicts arise between the State prevailing wage rates and Davis-Bacon Act prevailing wage requirements the more
stringent requirement shall govern. Washington State prevailing wage rates can be found at
https://www.lni.wa.gov/licensing-permits/public-works-projects/prevailing-wage-rates/
K. Trafficking in Persons: The RECIPIENT and RECIPIENT employees that are private entities shall not engage in forms of
trafficking in persons. This includes, but is not limited to, the procurement of a commercial sex act or forced labor. The
RECIPIENT shall notify ECOLOGY immediately of any information received from any source alleging a violation under this
provision.
L. Unique Entity Identity Identifier (UEI): The RECIPIENT agrees to register with and make their registration public in the
System for Award Management (SAM.gov). The RECIPIENT will be assigned a UEI and agree to include their UEI Number
under their organization’s information in EAGL . The UEI number must be entered into EAGL before a funding agreement is
signed.
SECTION 5: CONDITIONS APPLY TO STATE REVOLVING FUND (SRF) LOAN FUNDED PROJECTS ONLY.
The RECIPIENT must submit the following documents/forms to ECOLOGY before this agreement is signed by ECOLOGY :
1. Financial Capability Assessment Documentation (upon request)
2. Opinion of RECIPIENT’s Legal Council – Form available on the Ecology website must be completed and uploaded to the
General Uploads form in EAGL.
3. Authorizing Ordinance or Resolution – Must be uploaded to the General Uploads form in EAGL.
4. Federal Funding Accountability and Transparency Act (FFATA) Form (Required for all federally funded SRF Equivalency
projects – Form available on the Ecology website must be completed and uploaded to the General Uploads form in EAGL.
5. CWSRF Federal Reporting Information form – Must be completed in EAGL.
6. Fiscal Sustainability Plan (Asset Management) Certification Form (Only required if the project includes construction of a
wastewater or stormwater facility construction) – Must be completed in EAGL.
7. Cost and Effectiveness Analysis Certification Form (Required for all projects receiving SRF Loan funding) – Must be
completed in EAGL.
8. State Environmental Review Process (SERP) Documentation (Required for treatment works projects only) – Must be
uploaded to the Environmental and Cultural Review form in EAGL.
A. Alteration and Eligibility of Project: During the term of this agreement, the RECIPIENT (1) shall not materially alter the
design or structural character of the project without the prior written approval of ECOLOGY and (2) shall take no action
which would adversely affect the eligibility of the project as defined by applicable funding program rules and state statutes , or
which would cause a violation of any covenant, condition, or provision herein.
B. American Iron and Steel (Buy American – P.L 113-76, Consolidated Appropriations Act 2014, Section 436): This loan
provision applies to projects for the construction, alteration, maintenance, or repair of a “treatment works” as defined in the
Federal Water Pollution Control Act (33 USC 1381 et seq.) The RECIPIENT shall ensure that all iron and steel products
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SE 172nd St Water Quality Retrofit
City of Renton
used in the project are produced in the United States. Iron and Steel products means the following products made primarily of
iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe
clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. The RECIPIENT may
request waiver from this requirement from the Administrator of the Environmental Protection Agency . The RECIPIENT must
coordinate all waiver requests through ECOLOGY. This provision does not apply if the engineering plans and specifications
for the project were approved by ECOLOGY prior to January 17, 2014. ECOLOGY reserves the right to request
documentation of RECIPIENT’S compliance with this provision.
C. Authority of RECIPIENT: This agreement is authorized by the Constitution and laws of the state of Washington , including
the RECIPIENT’s authority, and by the RECIPIENT pursuant to the authorizing ordinance or resolution . The RECIPIENT
shall submit a copy of the authorizing ordinance or resolution to the ECOLOGY Financial Manager before this agreement shall
be signed by ECOLOGY.
D. Equivalency Projects: ECOLOGY designated equivalency project and alternative designated equivalency project
RECIPIENTs agree to accept federal funds and the federal requirements that accompany the funds . This includes all the
requirements in Section 4 and this Section.
E. Fiscal Sustainability Plan Certification: The RECIPIENT shall submit a completed Fiscal Sustainability Plan Certification
before this agreement is signed by ECOLOGY. The Fiscal Sustainability Plan Certification is available from the ECOLOGY
Financial Manager or on the Water Quality Program website .
F. Funding Recognition and Outreach: The RECIPIENT agrees to comply with the EPA SRF Signage Guidance to enhance
public awareness of EPA assistance agreements nationwide . Signage guidance can be found at:
https://ecology.wa.gov/About-us/How-we-operate/Grants-loans/Find-a-grant-or-loan/Water-Quality-grants-and-loans/Facility
-project-resources.
G. Insurance: The RECIPIENT shall at all times carry fire and extended insurance coverage , public liability, and property
damage, and such other forms of insurance with responsible insurers and policies payable to the RECIPIENT on such of the
buildings, equipment, works, plants, facilities, and properties of the Utility as are ordinarily carried by municipal or
privately-owned utilities engaged in the operation of like systems, and against such claims for damages as are ordinarily carried
by municipal or privately-owned utilities engaged in the operation of like systems, or it shall self-insure or participate in an
insurance pool or pools with reserves adequate, in the reasonable judgment of the RECIPIENT, to protect it against loss.
H. Litigation Authority: No litigation is now pending, or to the RECIPIENT’s knowledge, threatened, seeking to restrain, or
enjoin:
(i) the execution of this agreement; or
(ii) the fixing or collection of the revenues, rates, and charges or the formation of the ULID and the levy and collection of
ULID Assessments therein pledged to pay the principal of and interest on the loan (for revenue secured lien obligations); or
(iii) the levy and collection of the taxes pledged to pay the principal of and interest on the loan (for general obligation-secured
loans and general obligation payable from special-assessment-secured loans); or
(iv) in any manner questioning the proceedings and authority under which the agreement, the loan, or the project are
authorized. Neither the corporate existence, or boundaries of the RECIPIENT nor the title of its present officers to their
respective offices is being contested . No authority or proceeding for the execution of this agreement has been repealed,
revoked, or rescinded.
I. Loan Interest Rate and Terms: This loan agreement shall remain in effect until the date of final repayment of the loan , unless
terminated earlier according to the provisions herein.
When the Project Completion Date has occurred, ECOLOGY and the RECIPIENT shall execute an amendment to this loan
agreement which details the final loan amount (Final Loan Amount), and ECOLOGY shall prepare a final loan repayment
schedule. The Final Loan Amount shall be the combined total of actual disbursements made on the loan and all accrued
interest to the computation date.
The Estimated Loan Amount and the Final Loan Amount (in either case, as applicable, a “Loan Amount”) shall bear interest
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Agreement No:
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Recipient Name:
WQC-2024-Renton-00011
SE 172nd St Water Quality Retrofit
City of Renton
based on the interest rate identified in this agreement as the “Effective Interest Rate ,” per annum, calculated on the basis of a
365-day year. Interest on the Estimated Loan Amount shall accrue from and be compounded monthly based on the date that
each payment is mailed to the RECIPIENT. The Final Loan Amount shall be repaid in equal installments , semiannually, over
the term of this loan “Loan Term” as outlined in this agreement .
J. Loan Repayment:
Sources of Loan Repayment
1. Nature of RECIPIENT's Obligation. The obligation of the RECIPIENT to repay the loan from the sources identified below
and to perform and observe all other agreements and obligations on its part, contained herein, shall be absolute and
unconditional, and shall not be subject to diminution by setoff , counterclaim, or abatement of any kind. To secure the
repayment of the loan from ECOLOGY, the RECIPIENT agrees to comply with all the covenants , agreements, and
attachments contained herein.
2. For General Obligation. This loan is a General Obligation Debt of the RECIPIENT.
3. For General Obligation Payable from Special Assessments . This loan is a General Obligation Debt of the RECIPIENT
payable from special assessments to be imposed within the constitutional and statutory tax limitations provided by law without
a vote of the electors of the RECIPIENT on all the taxable property within the boundaries of the RECIPIENT .
4. For Revenue-Secured: Lien Position. This loan is a Revenue-Secured Debt of the RECIPIENT’s Utility. This loan shall
constitute a lien and charge upon the Net Revenue junior and subordinate to the lien and charge upon such Net Revenue of any
Senior Lien Obligations.
In addition, if this loan is also secured by Utility Local Improvement Districts (ULID) Assessments, this loan shall constitute a
lien upon ULID Assessments in the ULID prior and superior to any other charges whatsoever .
5. Other Sources of Repayment. The RECIPIENT may repay any portion of the loan from any funds legally available to it .
6. Defeasance of the Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT shall not be entitled to, and shall not
affect, an economic Defeasance of the loan. The RECIPIENT shall not advance refund the loan.
If the RECIPIENT defeases or advance refunds the loan , it shall be required to use the proceeds thereof immediately upon
their receipt, together with other available RECIPIENT funds, to repay both of the following:
(i) The Loan Amount with interest
(ii) Any other obligations of the RECIPIENT to ECOLOGY under this agreement , unless in its sole discretion ECOLOGY
finds that repayment from those additional sources would not be in the public interest.
Failure to repay the Loan Amount plus interest within the time specified in ECOLOGY’s notice to make such repayment shall
incur Late Charges and shall be treated as a Loan Default.
7. Refinancing or Early Repayment of the Project. So long as ECOLOGY shall hold this loan, the RECIPIENT shall give
ECOLOGY thirty days written notice if the RECIPIENT intends to refinance or make early repayment of the loan .
Method and Conditions on Repayments
1. Semiannual Payments. Notwithstanding any other provision of this agreement, the first semiannual payment of principal and
interest on this loan shall be due and payable no later than one year after the project completion date or initiation of operation
date, whichever comes first.
Thereafter, equal payments shall be due every six months.
If the due date for any semiannual payment falls on a Saturday, Sunday, or designated holiday for Washington State agencies ,
the payment shall be due on the next business day for Washington State agencies .
Payments shall be mailed to:
Department of Ecology
Cashiering Unit
P.O. Box 47611
Olympia WA 98504-7611
In lieu of mailing payments, electronic fund transfers can be arranged by working with ECOLOGY’s Financial Manager .
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Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00011
SE 172nd St Water Quality Retrofit
City of Renton
No change to the amount of the semiannual principal and interest payments shall be made without a mutually signed amendment
to this agreement. The RECIPIENT shall continue to make semiannual payments based on this agreement until the amendment
is effective, at which time the RECIPIENT’s payments shall be made pursuant to the amended agreement .
2. Late Charges. If any amount of the Final Loan Amount or any other amount owed to ECOLOGY pursuant to this
agreement remains unpaid after it becomes due and payable, ECOLOGY may assess a late charge. The late charge shall be
one percent per month on the past due amount starting on the date the debt becomes past due and until it is paid in full.
3. Repayment Limitations. Repayment of the loan is subject to the following additional limitations, among others: those on
defeasance, refinancing and advance refunding, termination, and default and recovery of payments.
4. Prepayment of Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT may prepay the entire unpaid principal
balance of and accrued interest on the loan or any portion of the remaining unpaid principal balance of the Loan Amount . Any
prepayments on the loan shall be applied first to any accrued interest due and then to the outstanding principal balance of the
Loan Amount. If the RECIPIENT elects to prepay the entire remaining unpaid balance and accrued interest , the RECIPIENT
shall first contact ECOLOGY’s Revenue/Receivable Manager of the Fiscal Office .
K. Loan Security
Due Regard: For loans secured with a Revenue Obligation: The RECIPIENT shall exercise due regard for Maintenance and
Operation Expense and the debt service requirements of the Senior Lien Obligations and any other outstanding obligations
pledging the Gross Revenue of the Utility, and it has not obligated itself to set aside and pay into the loan Fund a greater
amount of the Gross Revenue of the Utility than, in its judgment, shall be available over and above such Maintenance and
Operation Expense and those debt service requirements.
Where collecting adequate gross utility revenue requires connecting additional users, the RECIPIENT shall require the sewer
system connections necessary to meet debt obligations and expected operation and maintenance expenses.
Levy and Collection of Taxes (if used to secure the repayment of the loan): For so long as the loan is outstanding, the
RECIPIENT irrevocably pledges to include in its budget and levy taxes annually within the constitutional and statutory tax
limitations provided by law without a vote of its electors on all of the taxable property within the boundaries of the
RECIPIENT in an amount sufficient, together with other money legally available and to be used therefore, to pay when due the
principal of and interest on the loan, and the full faith, credit and resources of the RECIPIENT are pledged irrevocably for the
annual levy and collection of those taxes and the prompt payment of that principal and interest.
Not an Excess Indebtedness: For loans secured with a general obligation pledge or a general obligation pledge on special
assessments: The RECIPIENT agrees that this agreement and the loan to be made do not create an indebtedness of the
RECIPIENT in excess of any constitutional or statutory limitations .
Pledge of Net Revenue and ULID Assessments in the ULID (if used to secure the repayment of this loan): For so long as the
loan is outstanding, the RECIPIENT irrevocably pledges the Net Revenue of the Utility , including applicable ULID
Assessments in the ULID, to pay when due the principal of and interest on the loan.
Utility Local Improvement District (ULID) Assessment Collection (if used to secure the repayment of the loan): All ULID
Assessments in the ULID shall be paid into the Loan Fund and used to pay the principal of and interest on the loan.
L. Maintenance and Operation of a Funded Utility: The RECIPIENT shall, at all times, maintain and keep the funded Utility in
good repair, working order, and condition.
M. Opinion of RECIPIENT’s Legal Counsel: The RECIPIENT must submit an “Opinion of Legal Counsel to the
RECIPIENT” to ECOLOGY before this agreement will be signed. ECOLOGY will provide the form.
N. Prevailing Wage (Davis-Bacon Act): The RECIPIENT agrees, by signing this agreement, to comply with the Davis-Bacon
Act prevailing wage requirements. This applies to the construction, alteration, and repair of treatment works carried out, in
whole or in part, with assistance made available by the State Revolving Fund as authorized by Section 513, title VI of the
Federal Water Pollution Control Act (33 U.S.C. 1372). Laborers and mechanics employed by contractors and
subcontractors shall be paid wages not less often than once a week and at rates not less than those prevailing on projects of a
character similar in the locality as determined by the Secretary of Labor.
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Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00011
SE 172nd St Water Quality Retrofit
City of Renton
The RECIPIENT shall obtain the wage determination for the area in which the project is located prior to issuing requests for
bids, proposals, quotes, or other methods for soliciting contracts (solicitation). These wage determinations shall be
incorporated into solicitations and any subsequent contracts. The RECIPIENT shall ensure that the required EPA contract
language regarding Davis-Bacon Wages is in all contracts and subcontracts more than $2,000. The RECIPIENT shall
maintain records sufficient to document compliance with the Davis -Bacon Act and make such records available for review
upon request.
The RECIPIENT also agrees, by signing this agreement, to comply with State Prevailing Wages on Public Works, Chapter
39.12 RCW, as applicable. Compliance may include the determination whether the project involves “public work” and
inclusion of the applicable prevailing wage rates in the bid specifications and contracts. The RECIPIENT agrees to maintain
records sufficient to evidence compliance with Chapter 39.12 RCW and make such records available for review upon request .
O. Progress Reports: RECIPIENTS funded with State Revolving Fund Loan or Forgivable Principal shall include the
following verification statement in the “General Comments” text box of each progress report.
“We verified that we are in compliance with all the requirements as outlined in our funding agreement (s) with the Department of
Ecology. This includes but is not limited to:
- The Davis-Bacon Act, 29 CFR , prevailing wage requirements, certified weekly payroll, etc.
- The Disadvantaged Business Enterprise (DBE), 40 CFR, Part 33
- The American Iron and Steel Act (Buy American)
- The Build America Buy America Act (BABA) (equivalency projects only)”
P. Representations and Warranties: The RECIPIENT represents and warrants to ECOLOGY as follows:
Application: Material Information. All information and materials submitted by the RECIPIENT to ECOLOGY in connection
with its loan application were, when made, and are, as of the date the RECIPIENT signs this agreement, true and correct.
There is no material adverse information relating to the RECIPIENT, the project, the loan, or this agreement known to the
RECIPIENT, which has not been disclosed in writing to ECOLOGY.
Existence; Authority. It is a duly formed and legally existing municipal corporation or political subdivision of the state of
Washington or a federally recognized Indian Tribe . It has full corporate power and authority to execute, deliver, and perform
all of its obligations under this agreement and to undertake the project identified herein.
Certification. Each payment request shall constitute a certification by the RECIPIENT to the effect that all representations and
warranties made in this loan agreement remain true as of the date of the request and that no adverse developments, affecting
the financial condition of the RECIPIENT or its ability to complete the project or to repay the principal of or interest on the
loan, have occurred since the date of this loan agreement. Any changes in the RECIPIENT’s financial condition shall be
disclosed in writing to ECOLOGY by the RECIPIENT in its request for payment .
Q. Sale or Disposition of Funded Utility: The RECIPIENT shall not sell, transfer, or otherwise dispose of any of the works,
plant, properties, facilities, or other part of the funded Utility or any real or personal property comprising a part of the funded
Utility unless:
1. The facilities or property transferred are not material to the operation of the funded Utility, or have become unserviceable,
inadequate, obsolete, or unfit to be used in the operation of the funded Utility or are no longer necessary, material, or useful to
the operation of the funded Utility; or
2. The aggregate depreciated cost value of the facilities or property being transferred in any fiscal year comprises no more
than three percent of the total assets of the funded Utility; or
3. The RECIPIENT receives from the transferee an amount equal to an amount which will be in the same proportion to the net
amount of Senior Lien Obligations and this LOAN then outstanding (defined as the total amount outstanding less the amount of
cash and investments in the bond and loan funds securing such debt) as the Gross Revenue of the funded Utility from the
portion of the funded Utility sold or disposed of for the preceding year bears to the total Gross Revenue for that period.
4. Expressed written agreement by the ECOLOGY.
The proceeds of any transfer under this paragraph must be used (1) to redeem promptly, or irrevocably set aside for the
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Recipient Name:
WQC-2024-Renton-00011
SE 172nd St Water Quality Retrofit
City of Renton
redemption of, Senior Lien Obligations and to redeem promptly the loan, and (2) to provide for part of the cost of additions to
and betterments and extensions of the Utility.
R. Sewer-Use Ordinance or Resolution for Funded Wastewater Facility Projects : If not already in existence, the RECIPIENT
shall adopt and shall enforce a sewer-use ordinance or resolution. Such ordinance or resolution shall be submitted to
ECOLOGY upon request.
The sewer use ordinance must include provisions to:
1) Prohibit the introduction of toxic or hazardous wastes into the RECIPIENT’s sewer system .
2) Prohibit inflow of stormwater into separated sewer systems.
3) Require that new sewers and connections be properly designed and constructed.
S. Termination and Default:
Termination and Default Events
1. For Insufficient ECOLOGY or RECIPIENT Funds. ECOLOGY may terminate this loan agreement for insufficient
ECOLOGY or RECIPIENT funds.
2. For Failure to Commence Work. ECOLOGY may terminate this loan agreement for failure of the RECIPIENT to
commence project work.
3. Past Due Payments. The RECIPIENT shall be in default of its obligations under this loan agreement when any loan
repayment becomes 60 days past due.
4. Other Cause. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance in full by the
RECIPIENT of all its obligations under this loan agreement. The RECIPIENT shall be in default of its obligations under this
loan agreement if, in the opinion of ECOLOGY, the RECIPIENT has unjustifiably failed to perform any obligation required of
it by this loan agreement.
Procedures for Termination. If this loan agreement is terminated prior to project completion, ECOLOGY shall provide to the
RECIPIENT a written notice of termination at least five working days prior to the effective date of termination (the
“Termination Date”). The written notice of termination by the ECOLOGY shall specify the Termination Date and , when
applicable, the date by which the RECIPIENT must repay any outstanding balance of the loan and all accrued interest (the
“Termination Payment Date”).
Termination and Default Remedies
No Further Payments. On and after the Termination Date, or in the event of a default event, ECOLOGY may, at its sole
discretion, withdraw the loan and make no further payments under this agreement.
Repayment Demand. In response to an ECOLOGY initiated termination event , or in response to a loan default event,
ECOLOGY may at its sole discretion demand that the RECIPIENT repay the outstanding balance of the Loan Amount and all
accrued interest.
Interest after Repayment Demand. From the time that ECOLOGY demands repayment of funds, amounts owed by the
RECIPIENT to ECOLOGY shall accrue additional interest at the rate of one percent per month , or fraction thereof.
Accelerate Repayments. In the event of a default, ECOLOGY may, in its sole discretion, declare the principal of and interest
on the loan immediately due and payable, subject to the prior lien and charge of any outstanding Senior Lien Obligation upon
the Net Revenue. That is, the loan is not subject to acceleration so long as any Senior Lien Obligations are outstanding.
Repayments not made immediately upon such acceleration will incur Late Charges .
Late Charges. All amounts due to ECOLOGY and not paid by the RECIPIENT by the Termination Payment Date or after
acceleration following a default event, as applicable, shall incur late charges.
Intercept State Funds. In the event of a default event and in accordance with Chapter 90.50A.060 RCW, “Defaults,” any
state funds otherwise due to the RECIPIENT may, at ECOLOGY’s sole discretion, be withheld and applied to the repayment
of the loan.
Property to ECOLOGY. In the event of a default event and at the option of ECOLOGY, any personal property (equipment)
acquired under this agreement may, in ECOLOGY’s sole discretion, become ECOLOGY’s property. In that circumstance,
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SE 172nd St Water Quality Retrofit
City of Renton
ECOLOGY shall reduce the RECIPIENT’s liability to repay money by an amount reflecting the fair value of such property .
Documents and Materials. If this agreement is terminated, all finished or unfinished documents, data studies, surveys,
drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT shall , at the option of
ECOLOGY, become ECOLOGY property . The RECIPIENT shall be entitled to receive just and equitable compensation for
any satisfactory work completed on such documents and other materials.
Collection and Enforcement Actions. In the event of a default event, the state of Washington reserves the right to take any
actions it deems necessary to collect the amounts due, or to become due, or to enforce the performance and observance of
any obligation by the RECIPIENT, under this agreement.
Fees and Expenses. In any action to enforce the provisions of this agreement, reasonable fees and expenses of attorneys and
other reasonable expenses (including, without limitation, the reasonably allocated costs of legal staff ) shall be awarded to the
prevailing party as that term is defined in Chapter 4.84.330 RCW.
Damages. Notwithstanding ECOLOGY’s exercise of any or all the termination or default remedies provided in this agreement ,
the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and /or the state of
Washington because of any breach of this agreement by the RECIPIENT . ECOLOGY may withhold payments for the
purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined .
T. User-Charge System for Funded Utilities: The RECIPIENT certifies that it has the legal authority to establish and implement
a user-charge system and shall adopt a system of user -charges to assure that each user of the funded utility shall pay its
proportionate share of the cost of operation and maintenance, including replacement during the design life of the project. The
user-charge system will include provisions for a connection charge .
In addition, the RECIPIENT shall regularly evaluate the user-charge system, at least annually, to ensure the system provides
adequate revenues necessary to operate and maintain the funded utility, to establish reserves to pay for replacement, and to
repay the loan.
GENERAL FEDERAL CONDITIONS
If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is
used to match a federal grant award, the following terms and conditions apply to you.
A. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION:
1.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 ECOLOGY 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
ECOLOGY 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
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Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00011
SE 172nd St Water Quality Retrofit
City of Renton
“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.
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 ECOLOGY before requests for
reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in
<http://www.sam.gov> and print a copy of completed searches to document proof of compliance.
B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING
REQUIREMENTS:
CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the
signed agreement to ECOLOGY.
Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five
top executives using the FFATA Data Collection Form .
·Receives more than $30,000 in federal funds under this award.
·Receives more than 80 percent of its annual gross revenues from federal funds.
·Receives more than $25,000,000 in annual federal funds.
Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form . Ecology is
required to report the FFATA information for federally funded agreements , including the required Unique Entity Identifier in
www.sam.gov <http://www.sam.gov/> within 30 days of agreement signature. The FFATA information will be available to
the public at www.usaspending.gov <http://www.usaspending.gov/>.
For more details on FFATA requirements, see www.fsrs.gov <http://www.fsrs.gov/>.
C. FEDERAL FUNDING PROHIBITION ON CERTAIN TELECOMMUNICATIONS OR VIDEO SURVEILLANCE
SERVICES OR EQUIPMENT:
As required by 2 CFR 200.216, federal grant or loan recipients and subrecipients are prohibited from obligating or expending
loan or grant funds to:
1.Procure or obtain;
2.Extend or renew a contract to procure or obtain; or
3.Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use
covered telecommunications equipment, video surveillance services or services as a substantial or essential component
of any system, or as critical technology as part of any system. As described in Public Law 115-232
<https://www.govinfo.gov/content/pkg/PLAW-115publ232/pdf/PLAW-115publ232.pdf>, section 889, covered
telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE
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SE 172nd St Water Quality Retrofit
City of Renton
Corporation (or any subsidiary or affiliate of such entities ).
Recipients, subrecipients, and borrowers also may not use federal funds to purchase certain prohibited equipment, systems, or
services, including equipment, systems, or services produced or provided by entities identified in section 889, are recorded in
the System for Award Management (SAM) <https://sam.gov/SAM/> exclusion list.
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Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00011
SE 172nd St Water Quality Retrofit
City of Renton
GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology
GENERAL TERMS AND CONDITIONS
For DEPARTMENT OF ECOLOGY GRANTS and LOANS
07/01/2023 Version
1. ADMINISTRATIVE REQUIREMENTS
a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans – EAGL Edition ."
(https://fortress.wa.gov/ecy/publications/SummaryPages/2301002.html)
b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all
funds and resources made available under this Agreement .
c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement , including ensuring all
subgrantees and contractors comply with the terms and conditions of this Agreement . ECOLOGY reserves the right to request
proof of compliance by subgrantees and contractors.
d) RECIPIENT’s activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and
character of all work and services.
2. AMENDMENTS AND MODIFICATIONS
This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent
modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized
representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative
information without the concurrence of either party.
3. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY
The RECIPIENT must comply with the Washington State Office of the Chief Information Officer , OCIO Policy no. 188,
Accessibility (https://ocio.wa.gov/policy/accessibility) as it relates to “covered technology.” This requirement applies to all
products supplied under the Agreement , providing equal access to information technology by individuals with disabilities,
including and not limited to web sites/pages, web-based applications, software systems, video and audio content, and electronic
documents intended for publishing on Ecology’s public web site .
4. ARCHAEOLOGICAL AND CULTURAL RESOURCES
RECIPIENT shall take all reasonable action to avoid, minimize, or mitigate adverse effects to archaeological and historic
archaeological sites, historic buildings/structures, traditional cultural places, sacred sites, or other cultural resources, hereby
referred to as Cultural Resources.
The RECIPIENT must agree to hold harmless ECOLOGY in relation to any claim related to Cultural Resources discovered ,
disturbed, or damaged due to the RECIPIENT’s project funded under this Agreement .
RECIPIENT shall:
a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project :
• Cultural Resource Consultation and Review should be initiated early in the project planning process and must be completed
prior to expenditure of Agreement funds as required by applicable State and Federal requirements .
* For state funded construction, demolition, or land acquisitions, comply with Governor Executive Order 21-02, Archaeological
and Cultural Resources.
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SE 172nd St Water Quality Retrofit
City of Renton
• For projects with any federal involvement, comply with the National Historic Preservation Act of 1966 (Section 106).
b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing
any project that involves field activities. ECOLOGY will provide the IDP form.
RECIPIENT shall:
• Keep the IDP at the project site.
• Make the IDP readily available to anyone working at the project site .
• Discuss the IDP with staff, volunteers, and contractors working at the project site.
• Implement the IDP when Cultural Resources or human remains are found at the project site .
c) If any Cultural Resources are found while conducting work under this Agreement , follow the protocol outlined in the project
IDP.
• Immediately stop work and notify the ECOLOGY Program, who will notify the Department of Archaeology and Historic
Preservation at (360) 586-3065, any affected Tribe, and the local government.
d) If any human remains are found while conducting work under this Agreement , follow the protocol outlined in the project
IDP.
• Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner /Coroner’s Office, the
Department of Archaeology and Historic Preservation at (360) 790-1633, and then the ECOLOGY Program.
e) Comply with RCW 27.53, RCW 27.44, and RCW 68.50.645, and all other applicable local, state, and federal laws
protecting Cultural Resources and human remains.
5. ASSIGNMENT
No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT .
6. COMMUNICATION
RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT 's designees, ECOLOGY, all
affected local, state, or federal jurisdictions, and any interested individuals or groups.
7. COMPENSATION
a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT .
ECOLOGY must sign the Agreement before any payment requests can be submitted .
b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement .
c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with
ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure .
d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY .
e) ECOLOGY will not process payment requests without the proper reimbursement forms , Progress Report and supporting
documentation. ECOLOGY will provide instructions for submitting payment requests .
f) ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment.
g) RECIPIENT will receive payment through Washington State’s Office of Financial Management’s Statewide Payee Desk .
To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W -9
form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor
registration process, you can contact Statewide Payee Help Desk at (360) 407-8180 or email PayeeRegistration@ofm.wa.gov.
h) ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to
satisfactorily comply with any term or condition of this Agreement .
i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein , or a portion thereof, has
been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement , as
appropriate, or upon completion of an audit as specified herein.
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Project Title:
Recipient Name:
WQC-2024-Renton-00011
SE 172nd St Water Quality Retrofit
City of Renton
j) RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement, all financial, performance, and
other reports required by this Agreement. Failure to comply may result in delayed reimbursement.
8. COMPLIANCE WITH ALL LAWS
RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits related to
this Agreement, including but not limited to:
a) 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 .
b) RECIPIENT agrees to be bound by all applicable federal and state laws , regulations, and policies against discrimination.
c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements .
d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required
by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the
permit and approval processes.
ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to
comply with above requirements.
If any provision of this Agreement violates any statute or rule of law of the state of Washington , it is considered modified to
conform to that statute or rule of law.
9. CONFLICT OF INTEREST
RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or responsibility
in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect, nor
affect the interest of any corporation, partnership, or association in which he/she is a part, in this Agreement or the proceeds
thereof.
10. CONTRACTING FOR GOODS AND SERVICES
RECIPIENT may contract to buy goods or services related to its performance under this Agreement . RECIPIENT shall award
all contracts for construction, purchase of goods, equipment, services, and professional architectural and engineering services
through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure
legal, fair, and open competition.
RECIPIENT must have a standard procurement process or follow current state procurement procedures . RECIPIENT may be
required to provide written certification that they have followed their standard procurement procedures and applicable state law
in awarding contracts under this Agreement .
ECOLOGY reserves the right to inspect and request copies of all procurement documentation , and review procurement
practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state
procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY’s sole discretion .
11. DISPUTES
When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the
determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal decisions as provided for
below:
a) RECIPIENT notifies the funding program of an appeal request .
b) Appeal request must be in writing and state the disputed issue(s).
c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal .
d) ECOLOGY reviews the RECIPIENT’s appeal.
e) ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the review.
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Recipient Name:
WQC-2024-Renton-00011
SE 172nd St Water Quality Retrofit
City of Renton
The decision of ECOLOGY from an appeal will be final and conclusive , unless within thirty (30) days from the date of such
decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly
authorized representative will be final and conclusive.
The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal.
Appeals of the Director's decision will be brought in the Superior Court of Thurston County . Review of the Director’s decision
will not be taken to Environmental and Land Use Hearings Office .
Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in
accordance with the decision rendered.
Nothing in this Agreement will be construed to limit the parties’ choice of another mutually acceptable method , in addition to the
dispute resolution procedure outlined above.
12. ENVIRONMENTAL DATA STANDARDS
a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses environmental
measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY
Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall:
• Use ECOLOGY’s QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance (QA)
officer or the Program QA coordinator instructs otherwise.
• Follow ECOLOGY’s Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies , July 2004
(Ecology Publication No. 04-03-030).
• Submit the QAPP to ECOLOGY for review and approval before the start of the work .
b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental
Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm
with ECOLOGY that complete and correct data was successfully loaded into EIM , find instructions at:
http://www.ecy.wa.gov/eim.
c) RECIPIENT shall follow ECOLOGY’s data standards when Geographic Information System (GIS) data is collected and
processed. Guidelines for Creating and Accessing GIS Data are available at :
https://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards. RECIPIENT, when
requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data
collection files, map products, and all metadata and project documentation.
13. GOVERNING LAW
This Agreement will be governed by the laws of the State of Washington , and the venue of any action brought hereunder will be
in the Superior Court of Thurston County.
14. INDEMNIFICATION
ECOLOGY will 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.
To the extent that the Constitution and laws of the State of Washington permit , each party will 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 .
15. INDEPENDENT STATUS
The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be
employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of the other
party.
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Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00011
SE 172nd St Water Quality Retrofit
City of Renton
16. KICKBACKS
RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up
any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in return for award
of a subcontract hereunder.
17. MINORITY AND WOMEN’S BUSINESS ENTERPRISES (MWBE)
RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-owned (MBE) and women-owned
(WBE) businesses in purchases and contracts initiated under this Agreement .
Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to
take the following actions, when possible, in any procurement under this Agreement :
a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or
services.
b) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation
by qualified minority and women's businesses.
c) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and
women's businesses.
d) Use the services and assistance of the Washington State Office of Minority and Women 's Business Enterprises (OMWBE)
(866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate.
18. ORDER OF 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) The Agreement; (c) Scope of
Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the
"Administrative Requirements for Recipients of Ecology Grants and Loans"; (f) Ecology Funding Program Guidelines; and (g)
General Terms and Conditions.
19. PRESENTATION AND PROMOTIONAL MATERIALS
ECOLOGY reserves the right to approve RECIPIENT’s communication documents and materials related to the fulfillment of
this Agreement:
a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior to
production and distribution.
b) RECIPIENT shall include time for ECOLOGY’s review and approval process in their project timeline .
c) If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible products
developed.
Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets, videos, audio
tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator magnet, and any
online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to provide a copy, then the
RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best represents the item.
Any communications intended for public distribution that uses ECOLOGY’s logo shall comply with ECOLOGY’s graphic
requirements and any additional requirements specified in this Agreement . Before the use of ECOLOGY’s logo contact
ECOLOGY for guidelines.
RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY .
20. PROGRESS REPORTING
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SE 172nd St Water Quality Retrofit
City of Renton
a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to
ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document
timely use of funds.
b) RECIPIENT must submit a progress report with each payment request . Payment requests will not be processed without a
progress report. ECOLOGY will define the elements and frequency of progress reports .
c) RECIPIENT shall use ECOLOGY’s provided progress report format.
d) Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1 through
September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after the end of the
quarter being reported.
e) RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extension has been approved
by ECOLOGY, all financial, performance, and other reports required by the Agreement and funding program guidelines .
RECIPIENT shall use the ECOLOGY provided closeout report format.
21. PROPERTY RIGHTS
a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property
under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY 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.
b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information ;
present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports, maps, or other data
in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY.
c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic
materials produced in fulfillment of this Agreement , in any manner ECOLOGY deems appropriate. ECOLOGY shall
acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials .
d) Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology Grants
and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds
furnished by ECOLOGY in the absence of state and federal statutes , regulations, or policies to the contrary, or upon specific
instructions with respect thereto in this Agreement .
e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT
for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY . If said property
is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoff by
the RECIPIENT for the fair market value of such property .
f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the
acquisition of land or facilities:
1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this
Agreement.
2. 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 intended by
this Agreement.
g) Conversions. Regardless of the Agreement expiration date , the RECIPIENT shall not at any time convert any equipment ,
property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally
approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY 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.
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Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00011
SE 172nd St Water Quality Retrofit
City of Renton
22. RECORDS, AUDITS, AND INSPECTIONS
RECIPIENT shall maintain complete program and financial records relating to this Agreement , including any engineering
documentation and field inspection reports of all construction work accomplished.
All records shall:
a) Be kept in a manner which provides an audit trail for all expenditures.
b) Be kept in a common file to facilitate audits and inspections.
c) Clearly indicate total receipts and expenditures related to this Agreement .
d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington ,
for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute resolution hereunder.
RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the
records.
ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has
been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced.
Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination.
All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY
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 (3) years following grant or loan termination or dispute resolution hereunder.
RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times, in
order to monitor and evaluate performance, compliance, and any other conditions under this Agreement .
23. RECOVERY OF FUNDS
The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance
of this Agreement and completion of the work described in the Scope of Work .
All payments to the RECIPIENT are subject to approval and audit by ECOLOGY , and any unauthorized expenditure(s) or
unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT .
RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement .
RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within
thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the time ECOLOGY
demands repayment of funds.
Any property acquired under this Agreement , at the option of ECOLOGY, may become ECOLOGY's property and the
RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property.
24. 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 .
25. STATE ENVIRONMENTAL POLICY ACT (SEPA)
RECIPIENT must demonstrate to ECOLOGY’s satisfaction that compliance with the requirements of the State Environmental
Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC) have been or will be met. Any reimbursements are subject to
this provision.
26. SUSPENSION
When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any
portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT . RECIPIENT shall resume
performance on the next business day following the suspension period unless another day is specified by ECOLOGY.
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Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00011
SE 172nd St Water Quality Retrofit
City of Renton
27. SUSTAINABLE PRACTICES
In order to sustain Washington’s natural resources and ecosystems , the RECIPIENT is fully encouraged to implement
sustainable practices and to purchase environmentally preferable products under this Agreement .
a) Sustainable practices may include such activities as: use of clean energy, use of double-sided printing, hosting low impact
meetings, and setting up recycling and composting programs.
b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and
imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced
packaging, office products that are refillable , rechargeable, and recyclable, 100% post-consumer recycled paper, and toxic free
products.
For more suggestions visit ECOLOGY’s web page, Green Purchasing,
https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing.
28. TERMINATION
a) For Cause
ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the
RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of
any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs
incurred in accordance with the terms of this Agreement prior to the effective date of termination .
Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work
on the project funded within four (4) months after the effective date of this Agreement, or by any date mutually agreed upon in
writing for commencement of work, or the time period defined within the Scope of Work .
Non-Performance. The obligation of ECOLOGY 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
ECOLOGY, to perform any obligation required of it by this Agreement , ECOLOGY may refuse to pay any further funds,
terminate in whole or in part this Agreement, and exercise any other rights under this Agreement .
Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY
and the State of Washington because of any breach of this Agreement by the RECIPIENT . ECOLOGY may withhold
payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is
determined.
b) For Convenience
ECOLOGY may terminate for convenience this Agreement , in whole or in part, for any reason when it is the best interest of
ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted below. If this
Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the
terms of this Agreement prior to the effective date of termination .
Non-Allocation of Funds. ECOLOGY’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 the
completion or expiration date of this Agreement, ECOLOGY, 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. ECOLOGY may also elect to
suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved . ECOLOGY may
exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide
notice.
In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the
effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT . In no
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AGENDA ITEM #6. h)
Page 45 of 45State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00011
SE 172nd St Water Quality Retrofit
City of Renton
event shall ECOLOGY’s reimbursement exceed ECOLOGY’s total responsibility under the Agreement and any amendments .
If payments have been discontinued by ECOLOGY due to unavailable funds , the RECIPIENT shall not be obligated to repay
monies which had been paid to the RECIPIENT prior to such termination .
RECIPIENT’s obligation to continue or complete the work described in this Agreement shall be contingent upon availability of
funds by the RECIPIENT's governing body.
c) By Mutual Agreement
ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement.
d) In Event of Termination
All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials
prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of ECOLOGY and the
RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such
documents and other materials.
Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in
accordance with Recovery of Funds, identified herein.
29. THIRD PARTY BENEFICIARY
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 .
30. WAIVER
Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or 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 ECOLOGY.
End of General Terms and Conditions
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AGENDA ITEM #6. h)
Agreement No. WQC-2024-Renton-00036
WATER QUALITY COMBINED FINANCIAL ASSISTANCE AGREEMENT
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
CITY OF RENTON
This is a binding Agreement entered into by and between the state of Washington , Department of Ecology, hereinafter
referred to as “ECOLOGY,” and City of Renton, hereinafter referred to as the “RECIPIENT,” to carry out with the
provided funds activities described herein.
Springbrook Terrace Water Quality Retrofit
GENERAL INFORMATION
Project Title:
Total Cost:
Total Eligible Cost:
Ecology Share:
Recipient Share:
The Effective Date of this Agreement is:
The Expiration Date of this Agreement is no later than:
Project Type:
Project Short Description:
This project will improve water quality in Springbrook Creek through the design of runoff treatment best management
practices (BMPs) to retrofit an existing stormwater detention pond in the Springbrook Terrace neighborhood in the city
of Renton. This project will provide treatment for total suspended solids (TSS).
Project Long Description:
This project will design stormwater facility best management practices (BMPs) that will add water quality treatment to
an existing stormwater detention pond located in the Springbrook Terrace neighborhood in the city of Renton . The
detention pond currently receives untreated runoff from 98th Ave S and does not provide water quality treatment. The
basin is predominantly single-family residences with 51 percent impervious surface. The stormwater inflows from 98th
Ave S into the detention pond, then flows into the RECIPIENT’s municipal storm system (MS4), and then travels
approximately 1,600 feet to the southwest before entering Springbrook Creek.
$243,000.00
$243,000.00
$206,550.00
$36,450.00
07/01/2023
12/31/2025
Stormwater Facility
AGENDA ITEM #6. h)
Page 2 of 41State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00036
Springbrook Terrace Water Quality Retrofit
City of Renton
Springbrook Creek is designated as a primary contact waterbody with uses including local wildlife and salmonid rearing,
and recreational use for city of Renton. It is listed as a Category 5 303(d) for dissolved oxygen, fecal coliform bacteria
standards, and is also listed with a bioassessment score that indicates biological degradation.
In 2021, the RECIPIENT performed a retrofit feasibility study (WQC-2020-Renton-00016) to assess all existing flow
control facilities within the city that could be retrofitted to include water quality treatment. The Springbrook Terrace site
ranked on the RECIPIENT's high-priority project list because the proposed facility will reduce existing water quality
treatment gaps in the watershed, has low-risk construction feasibility, and will provide a higher degree of water quality
treatment compared to existing conditions. In the RECIPIENT’s retrofit study, three design alternatives were
considered for future implementation at the Springbrook Terrace site . The design alternatives include:
1) A wet pool retrofit of the existing detention pond (T10.10 Wetpond)
2) Installing a filtering BMP upstream of the existing detention pond
3) A combination thereof
The RECIPIENT will evaluate and select feasible water quality treatment BMPs listed above to be installed within the
footprint or upstream of the existing stormwater detention pond. The BMPs will provide treatment for total suspended
solids (TSS) for approximately 5.2 acres of contributing area while keeping the flow control benefit of the current
facility.
Overall Goal:
This project will help protect and restore water quality in Washington state by reducing stormwater impacts from
existing infrastructure and development.
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AGENDA ITEM #6. h)
Page 3 of 41State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00036
Springbrook Terrace Water Quality Retrofit
City of Renton
RECIPIENT INFORMATION
Organization Name:
Federal Tax ID:
UEI Number:UG2PSBS6UJJ3
Mailing Address:
Physical Address:
Contacts
City of Renton
91-6001271
Renton City Hall, 5th Floor, 1055 South Grady Way
Renton, WA 98057-3232
Renton City Hall, 5th Floor
1055 South Grady Way
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AGENDA ITEM #6. h)
Page 4 of 41State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00036
Springbrook Terrace Water Quality Retrofit
City of Renton
Chester Bennett
Civil Engineer III
Renton City Hall, 5th Floor
1055 South Grady Way
Renton, Washington 98057-3232
Email: cbennett@rentonwa.gov
Phone: (425) 430-7248
Authorized
Signatory
Chester Bennett
Civil Engineer III
Renton City Hall, 5th Floor
1055 South Grady Way
Renton, Washington 98057-3232
Email: cbennett@rentonwa.gov
Phone: (425) 430-7248
Billing Contact
Project Manager
Authorized
Signatory
Armondo Pavone
Mayor
Renton City Hall, 5th Floor
1055 South Grady Way
Renton, Washington 98057-3232
Email: apavone@rentonwa.gov
Phone: (425) 430-6500
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AGENDA ITEM #6. h)
Page 5 of 41State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00036
Springbrook Terrace Water Quality Retrofit
City of Renton
Contacts
Project
Manager
Financial
Manager
Technical
Advisor
Maricris Dela Rosa Phillips
PO Box 330316
Shoreline, Washington 98133-9716
Email: mphi461@ecy.wa.gov
Phone: (425) 367-1204
Jenna Schroer
Stormwater Project Specialist
PO Box 47600
Olympia, Washington 98504-7600
Email: schj461@ecy.wa.gov
Phone: (360) 522-3276
Doug Howie
Senior Stormwater Engineer
PO Box 47600
Olympia, Washington 98504-7600
Email: doho461@ecy.wa.gov
Phone: (360) 870-0983
ECOLOGY INFORMATION
Mailing Address:
Physical Address:
Department of Ecology
Water Quality
PO BOX 47600
Olympia, WA 98504-7600
Water Quality
300 Desmond Drive SE
Lacey, WA 98503
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AGENDA ITEM #6. h)
Page 6 of 41State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00036
Springbrook Terrace Water Quality Retrofit
City of Renton
AUTHORIZING SIGNATURES
RECIPIENT agrees to furnish the necessary personnel , equipment, materials, services, and otherwise do all things necessary
for or incidental to the performance of work as set forth in this Agreement .
RECIPIENT acknowledges that they had the opportunity to review the entire Agreement , including all the terms and conditions
of this Agreement, Scope of Work, attachments, and incorporated or referenced documents, as well as all applicable laws,
statutes, rules, regulations, and guidelines mentioned in this Agreement . Furthermore, the RECIPIENT has read, understood,
and accepts all requirements contained within this Agreement .
This Agreement contains 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 modifications or amendments to this agreement will be of any force or effect unless in writing , signed by
authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement . ECOLOGY and
RECIPIENT may change their respective staff contacts without the concurrence of either party .
This Agreement shall be subject to the written approval of Ecology’s authorized representative and shall not be binding until so
approved.
The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective
organizations to this Agreement.
Washington State
Department of Ecology
Water Quality
Date Date
City of Renton
Vincent McGowan, P.E.
Mayor
Armondo Pavone
By:By:
Template Approved to Form by
Attorney General's Office
Program Manager
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AGENDA ITEM #6. h)
Page 7 of 41State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00036
Springbrook Terrace Water Quality Retrofit
City of Renton
City Clerk Date
Jason Seth
City Attorney Date
Cheryl Beyer
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AGENDA ITEM #6. h)
Page 8 of 41State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00036
Springbrook Terrace Water Quality Retrofit
City of Renton
SCOPE OF WORK
Task Number:1 Task Cost: $5,000.00
Task Title:Grant and Loan Administration
Task Description:
A. The RECIPIENT shall carry out all work necessary to meet ECOLOGY grant or loan administration requirements .
Responsibilities include, but are not limited to: Maintenance of project records; submittal of requests for reimbursement and
corresponding backup documentation; progress reports; and the EAGL (Ecology Administration of Grants and Loans)
recipient closeout report (including photos, if applicable). In the event that the RECIPIENT elects to use a contractor to
complete project elements, the RECIPIENT shall retain responsibility for the oversight and management of this funding
agreement.
B. The RECIPIENT shall keep documentation that demonstrates the project is in compliance with applicable procurement ,
contracting, and interlocal agreement requirements; permitting requirements, including application for, receipt of, and
compliance with all required permits, licenses, easements, or property rights necessary for the project; and submittal of required
performance items. This documentation shall be available upon request.
C. The RECIPIENT shall maintain effective communication with ECOLOGY and maintain up -to-date staff contact information
in the EAGL system. The RECIPIENT shall carry out this project in accordance with any completion dates outlined in this
agreement.
Task Goal Statement:
Properly managed and fully documented project that meets ECOLOGY’s grant or loan administrative requirements .
Task Expected Outcome:
* Timely and complete submittal of requests for reimbursement , quarterly progress reports, Recipient Closeout Report, and
two-page outcome summary report.
* Properly maintained project documentation.
Recipient Task Coordinator: Joel Parker
Deliverables
Grant and Loan Administration
Number Description Due Date
1.1 Progress Reports that include descriptions of work accomplished, project
challenges or changes in the project schedule. Submitted at least quarterly.
1.2 Recipient Closeout Report (EAGL Form)
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AGENDA ITEM #6. h)
Page 9 of 41State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00036
Springbrook Terrace Water Quality Retrofit
City of Renton
SCOPE OF WORK
Task Number:2 Task Cost: $8,000.00
Task Title:Cultural and Environmental Review, and Permitting
Task Description:
The RECIPIENT must ensure the following items are completed and provide the associated deliverables to ECOLOGY . The
RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance .
A.The RECIPIENT will submit the documents listed below to initiate ECOLOGY’s cultural resources review . Property
acquisition and above and below ground activities proposed at any project site must be reviewed by ECOLOGY for potential
affects to cultural resources.
The RECIPIENT must receive written notice from ECOLOGY prior to proceeding with work . Examples of work may include
(but are not limited to) geotechnical work, acquisition, site prep work, and BMP installations. Work done prior to written
notice to proceed shall not be eligible for reimbursement.
To initiate cultural resources review:
1.The RECIPIENT will submit the Cultural Resources Review Form to ECOLOGY, using the ECOLOGY template. Any
supporting materials must conform to the Department of Archeology and Historic Preservation’s (DAHP) Washington State
Standards for Cultural Resource Reporting. The Cultural Resources Review Form template may be found on the ECOLOGY
website.
2.The RECIPIENT will submit an Inadvertent Discovery Plan (IDP) to ECOLOGY, using the ECOLOGY template. The
RECIPIENT will ensure that all contractors and subcontractors have a copy of the completed IDP prior to and while working
on-site. The IDP template may be found on the ECOLOGY website.
B.The RECIPIENT will submit the State Environmental Policy Act (SEPA) checklist for ECOLOGY project manager review
and notify the ECOLOGY project manager when the official comment period begins . The RECIPIENT will also upload the
final SEPA determination.
C.The RECIPIENT is responsible for application of, receipt of, and compliance with all required local, state, tribal, and
federal permits, licenses, easements, or property rights necessary for the project.
Task Goal Statement:
The RECIPIENT will complete all cultural and environmental reviews and permitting tasks in a timely manner .
Task Expected Outcome:
The project will meet the requirements set forth by the cultural resource protection requirements, State Environmental Policy
Act, and all other applicable federal, state, and local laws, and regulations.
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AGENDA ITEM #6. h)
Page 10 of 41State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00036
Springbrook Terrace Water Quality Retrofit
City of Renton
Deliverables
Cultural and Environmental Review, and Permitting
Number Description Due Date
2.1 ECOLOGY Cultural Resources Review Form.
Email the form and any supplemental cultural resources documentation directly
to the ECOLOGY Project Manager. DO NOT upload the cultural resources
form or documentation to EAGL.
2.2 ECOLOGY Inadvertent Discovery Plan (IDP).
Email the form directly to the ECOLOGY Project Manager for review .
Upload to EAGL once review is complete.
2.3 SEPA Checklist.
Upload the checklist, or other documentation for projects considered exempt
from SEPA review, to EAGL and notify ECOLOGY when official comment
period begins.
2.4 Final SEPA Determination.
Upload to EAGL and notify ECOLOGY.
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AGENDA ITEM #6. h)
Page 11 of 41State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00036
Springbrook Terrace Water Quality Retrofit
City of Renton
SCOPE OF WORK
Task Number:3 Task Cost: $227,000.00
Task Title:Design Plans and Specifications
Task Description:
The RECIPIENT must ensure the following items are completed and provide the associated deliverables to ECOLOGY . The
RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance .
The RECIPIENT will develop a stormwater project design. The design submittals must conform to the Deliverables for
Stormwater Projects with Ecology Funding Document. Projects must be designed in accordance the Stormwater Management
Manual for Eastern Washington, , Stormwater Management Manual for Western Washington, or equivalent manual. Refer to
the ECOLOGY website for specific guidance. Project must be reviewed and accepted in writing by ECOLOGY to be eligible
for reimbursement.
The RECIPIENT will upload the design submittals listed below to EAGL for ECOLOGY review. Reduce design figures to
11x17 inches in size and ensure they are legible.
A.The RECIPIENT will submit a Design Report to ECOLOGY for review and acceptance . Allow 45 calendar days for
ECOLOGY review.
The RECIPIENT agrees to respond to ECOLOGY comments. The RECIPIENT must receive an Ecology Design Report
Acceptance Letter prior to proceeding to 90 Percent Design.
1.The RECIPIENT will calculate and submit a preliminary equivalent new/re-development area for the completed design
using the methods outlined in the Stormwater Deliverables Document.
B.The RECIPIENT will submit a 90 Percent Design Package to ECOLOGY for review and acceptance . At a minimum, this
package must include 90 percent plans, specifications, engineer’s opinion of cost including a schedule of eligible costs , and
project construction schedule. The current required bid inserts and specifications may be found on the Ecology website. Allow
45 calendar days for ECOLOGY review.
The RECIPIENT agrees to respond to ECOLOGY comments. The RECIPIENT must receive an Ecology 90 Percent Design
Acceptance Letter prior to proceeding to Final Bid Package.
Task Goal Statement:
The RECIPIENT will complete all design tasks and respond to ECOLOGY comments in a timely manner .
Task Expected Outcome:
The project will meet the requirements set forth by ECOLOGY water quality facility design standards and all other applicable
federal, state, and local laws, and regulations.
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AGENDA ITEM #6. h)
Page 12 of 41State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00036
Springbrook Terrace Water Quality Retrofit
City of Renton
Deliverables
Design Plans and Specifications
Number Description Due Date
3.1 Contract documents, if procuring services for design. The contract must
include ECOLOGY’s standard contract clauses and/or specification insert.
Upload to EAGL and notify ECOLOGY.
3.2 Design Report.
Upload to EAGL and notify ECOLOGY.
3.3 Responses to ECOLOGY Design Report comments .
Upload to EAGL and notify ECOLOGY.
3.4 ECOLOGY Design Report Acceptance Letter .
Upload to EAGL and notify ECOLOGY.
3.5 90 Percent Design Package.
Upload to EAGL and notify ECOLOGY.
3.6 Responses to ECOLOGY 90 Percent Design Package comments.
Upload to EAGL and notify ECOLOGY.
3.7 ECOLOGY 90 Percent Design Acceptance Letter .
Upload to EAGL and notify ECOLOGY.
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AGENDA ITEM #6. h)
Page 13 of 41State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00036
Springbrook Terrace Water Quality Retrofit
City of Renton
SCOPE OF WORK
Task Number:4 Task Cost: $3,000.00
Task Title:Project Close Out
Task Description:
The RECIPIENT must ensure the following items are completed and provide the associated deliverables to ECOLOGY . The
RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance .
A.The RECIPIENT will submit a GIS compatible project area as a shapefile, geodatabase file, or ECOLOGY-accepted
equivalent. The project area should include polygon features for stormwater facilities and contributing areas.
B.The RECIPIENT will submit the Recipient Close Out Report (RCOR) in EAGL in accordance with Task 1.
C.The RECIPIENT will submit an Outcomes Summary using the ECOLOGY template .
Task Goal Statement:
The RECIPIENT will complete all close out submittals in a timely manner.
Task Expected Outcome:
* Timely and complete submittal of GIS, Recipient Closeout Report, and Outcomes Summary.
Deliverables
Project Close Out
Number Description Due Date
4.1 Project area shapefile, geodatabase file, or ECOLOGY-accepted equivalent.
Upload to EAGL and notify ECOLOGY. Upload ECOLOGY acceptance
documentation.
4.2 Outcomes Summary. Upload to EAGL and notify ECOLOGY.
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Page 14 of 41State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00036
Springbrook Terrace Water Quality Retrofit
City of Renton
BUDGET
Funding Distribution EG240202
NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment
remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple
funding distribution numbers to identify each budget.
Title:
State
SFAP-SFY24
100%
Environmental Legacy Stewarship Account (ELSA) - State
Type:
Funding Source %:
Description:
FDFund:
Approved Indirect Costs Rate:
Recipient Match %:
InKind Interlocal Allowed:
InKind Other Allowed:
Is this Funding Distribution used to match a federal grant? No
Approved State Indirect Rate: 30%
15%
No
No
Funding Title:
Funding Source:
Funding Expiration Date:
Funding Type:
Funding Effective Date:
SFAP
07/01/2023 12/31/2025
Grant
SFAP Task Total
Grant and Loan Administration 5,000.00$
Cultural and Environmental Review, and Permitting 8,000.00$
Design Plans and Specifications 227,000.00$
Project Close Out 3,000.00$
243,000.00$Total:
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Page 15 of 41State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00036
Springbrook Terrace Water Quality Retrofit
City of Renton
Funding Distribution Summary
Recipient / Ecology Share
Recipient Share Ecology Share TotalRecipient Match %Funding Distribution Name
$$$%206,550.00 243,000.0036,450.0015.00SFAP
Total $$36,450.00 206,550.00 $243,000.00
AGREEMENT SPECIFIC TERMS AND CONDITIONS
N/A
SPECIAL TERMS AND CONDITIONS
WQC-2024—Water Quality Program Special Terms and Conditions (Update June 2023)
SECTION 1: DEFINITIONS
Unless otherwise provided, the following terms will have the respective meanings for all purposes of this agreement:
“Administration Charge” means a charge established in accordance with Chapter 90.50A RCW and Chapter 173-98 WAC,
to be used to pay Ecology’s cost to administer the State Revolving Fund by placing a percentage of the interest earned in an
Administrative Charge Account .
“Administrative Requirements” means the effective edition of ECOLOGY 's Administrative Requirements for Recipients of
Ecology Grants and Loans at the signing of this agreement.
“Annual Debt Service” for any calendar year means for any applicable bonds or loans including the loan, all interest plus all
principal due on such bonds or loans in such year.
“Average Annual Debt Service” means , at the time of calculation, the sum of the Annual Debt Service for the remaining years
of the loan to the last scheduled maturity of the loan divided by the number of those years.
“Accrued Interest” means the interest incurred as loan funds are disbursed.
“Acquisition” means the purchase or receipt of a donation of fee or less than fee interests in real property. These interests
include, but are not limited to, conservation easements, access/trail easements, covenants, water rights, leases, and mineral
rights.
“Build American Buy American (BABA)” means a portion of the Infrastructure Investment and Jobs Act and establishes a
domestic content procurement preference for all Federal financial assistance obligated for infrastructure projects after May 14,
2022.
“Bipartisan Infrastructure Law (BIL)” means funding to improve drinking water, wastewater and stormwater infrastructure.
“Centennial Clean Water Program” means the state program funded from various state sources .
“Contract Documents” means the contract between the RECIPIENT and the construction contractor for construction of the
project.
“Construction Materials” means an article, material, or supply (other than an item of primarily iron or steel; a manufactured
product; cement and cementitious materials; aggregates such as stone, sand, or gravel; aggregate binding agents or additives;
or non-permanent products) that is or consists primarily of, non-ferrous metals, plastic and polymer-based products (including
polyvinylchloride, composite building materials, and polymers used in fiber optic cables), (including optic glass), lumber, and
drywall.
“Cost Effective Analysis” means a comparison of the relative cost -efficiencies of two or more potential ways of solving a water
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Page 16 of 41State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00036
Springbrook Terrace Water Quality Retrofit
City of Renton
quality problem as described in Chapter 173-98-730 WAC.
“Davis Bacon Prevailing Wage Act” means the federal law mandating on -site workers on public works projects be paid
certain wages, benefits, and overtime (also known as “prevailing wage” on all government-funded construction, alteration, and
repair projects.
“Defease” or “Defeasance” means the setting aside in escrow or other special fund or account of sufficient investments and
money dedicated to pay all principal of and interest on all or a portion of an obligation as it comes due.
“Effective Date” means the earliest date on which eligible costs may be incurred .
“Effective Interest Rate” means the total interest rate established by Ecology that includes the Administrative Charge .
“Estimated Loan Amount” means the initial amount of funds loaned to the RECIPIENT .
“Estimated Loan Repayment Schedule” means the schedule of loan repayments over the term of the loan based on the
Estimated Loan Amount and the estimated schedule for completion of the project .
“Equivalency” means the amount of State Revolving Fund (SRF) funding each funding cycle equivalent to the EPA grant to
Ecology.
“Equivalency Project” means State Revolving Fund (SRF) funded project(s) designated by ECOLOGY to receive federal
funding and meet additional federal requirements.
“Expiration Date” means the latest date on which eligible costs may be incurred.
“Final Accrued Interest” means the interest accrued beginning with the first disbursement of funds to the RECIPIENT through
such time as the loan is officially closed out and a final loan repayment schedule is issued .
“Final Loan Amount” means all principal of and accrued interest on the loan from the Project Start Date through the Project
Completion Date.
“Final Loan Repayment Schedule” means the schedule of loan repayments over the term of the loan based on the Final Loan
Amount and the initiation of operation or completion date, whichever comes first.
“Forgivable Principal” means the portion of a loan that is not required to be paid back by the borrower .
“General Obligation Debt” means an obligation of the RECIPIENT secured by annual ad valorem taxes levied by the
RECIPIENT and by the full faith, credit, and resources of the RECIPIENT.
“General Obligation Payable from Special Assessments Debt” means an obligation of the RECIPIENT secured by a valid
general obligation of the Recipient payable from special assessments to be imposed within the constitutional and statutory tax
limitations provided by law without a vote of the electors of the RECIPIENT on all the taxable property within the boundaries
of the RECIPIENT.
“Gross Revenue” means all of the earnings and revenues received by the RECIPIENT from the maintenance and operation of
the Utility and all earnings from the investment of money on deposit in the Loan Fund, except (i) Utility Local Improvement
Districts (ULID) Assessments, (ii) government grants, (iii) RECIPIENT taxes, (iv) principal proceeds of bonds and other
obligations, or (v) earnings or proceeds (A) from any investments in a trust, Defeasance, or escrow fund created to Defease or
refund Utility obligations or (B) in an obligation redemption fund or account other than the Loan Fund until commingled with
other earnings and revenues of the Utility or (C) held in a special account for the purpose of paying a rebate to the United
States Government under the Internal Revenue Code.
“Guidelines” means the ECOLOGY's Funding Guidelines that that correlate to the State Fiscal Year in which the project is
funded.
“Initiation of Operation Date” means the actual date the facility financed with proceeds of the loan begins to operate for its
intended purpose. (For loans only)
“Iron and Steel Products” means products made primarily of iron or steel including but may not be limited to: lined or unlined
pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves,
structural steel, reinforced precast concrete, and construction materials.
“Loan” means the Washington State Water Pollution Control Revolving Fund Loan or Centennial Clean Water Fund
(Centennial) Loan made pursuant to this loan agreement.
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Page 17 of 41State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00036
Springbrook Terrace Water Quality Retrofit
City of Renton
“Loan Amount” means either an Estimated Loan Amount or a Final Loan Amount , as applicable.
“Loan Fund” means the special fund created by the RECIPIENT for the repayment of the principal of and interest on the loan .
“Loan Security” means the mechanism by which the RECIPIENT pledges to repay the loan .
“Loan Term” means the repayment period of the loan .
“Maintenance and Operation Expense” means all reasonable expenses incurred by the RECIPIENT in causing the Utility to be
operated and maintained in good repair, working order, and condition including payments to other parties, but will not include
any depreciation or RECIPIENT levied taxes or payments to the RECIPIENT in lieu of taxes .
“Manufactured Products” means, items and construction materials composed in whole or in part of non-ferrous metals such as
aluminum plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concreate; glass, including
optical fiber; and lumber.
“Produced in the United States” means for iron and steel products, that all manufacturing processes, from the initial melting
state through the application of coatings, occurred in the Untied States.
“Net Revenue” means the Gross Revenue less the Maintenance and Operation Expense.
“Original Engineer’s Estimate” means the engineer’s estimate of construction costs included with bid documents .
“Prevailing Wage” means hourly wage, usual benefits, and overtime paid in the largest city in each county , to the majority of
workers, laborers, and mechanics performing the same work. The rate is established separately for each county.
“Principal and Interest Account” means , for a loan that constitutes Revenue-Secured Debt, the account created in the loan fund
to be first used to repay the principal of and interest on the loan.
“Project” means the project described in this agreement.
“Project Completion Date” means the date specified in the agreement on which the Scope of Work will be fully completed and
is the last day eligible costs can be incurred. This term is only used in loan agreements.
“Project Schedule” means that schedule for the project specified in the agreement.
“Revenue-Secured Debt” means an obligation of the RECIPIENT secured by a pledge of the revenue of a utility and one not a
general obligation of the RECIPIENT.
“Reserve Account” means , for a loan that constitutes a Revenue Secured Debt and if specifically identified as a term and
condition of the funding agreement, the account of that name created in the loan fund to secure the payment of the principal of
and interest on the loan.
“Risk-Based Determination” means an approach to sub-recipient monitoring and oversight based on risk factors associated to
a RECIPIENT or project.
“Scope of Work” means the tasks and activities constituting the project .
“Section 319” means the section of the Clean Water Act that provides funding to address nonpoint sources of water pollution .
“Senior Lien Obligations” means all revenue bonds and other obligations of the RECIPIENT outstanding on the date of
execution of this loan agreement (or subsequently issued on a parity therewith, including refunding obligations) or issued after
the date of execution of this loan agreement having a claim or lien on the Gross Revenue of the Utility prior and superior to the
claim or lien of the loan, subject only to Maintenance and Operation Expense.
“State Water Pollution Control Revolving Fund (Revolving Fund)” means the water pollution control revolving fund established
by Chapter 90.50A.020 RCW.
“Termination Date” means the effective date of ECOLOGY’s termination of the agreement .
“Termination Payment Date” means the date on which the RECIPIENT is required to repay to ECOLOGY any outstanding
balance of the loan and all accrued interest.
“Total Eligible Project Cost” means the sum of all costs associated with a water quality project that have been determined to
be eligible for ECOLOGY grant or loan funding, including any required recipient match.
“Total Project Cost” means the sum of all costs associated with a water quality project , including costs that are not eligible for
ECOLOGY grant or loan funding.
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AGENDA ITEM #6. h)
Page 18 of 41State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00036
Springbrook Terrace Water Quality Retrofit
City of Renton
“Unique Entity Identity Identifier (UEI)” means a 12-character alphanumeric ID assigned by SAM.gov. to an entity doing
business with or receiving funds from the federal government. This number replaces the DUNS number.
“ULID” means any utility local improvement district of the RECIPIENT created for the acquisition or construction of additions
to and extensions and betterments of the Utility.
“ULID Assessments” means all assessments levied and collected in any ULID . Such assessments are pledged to be paid into
the Loan Fund (less any prepaid assessments permitted by law to be paid into a construction fund or account). ULID
Assessments will include principal installments and any interest or penalties which may be due.
“Utility” means the sewer system, stormwater system, or the combined water and sewer system of the RECIPIENT, the Net
Revenue of which is pledged to pay and secure the loan.
SECTION 2: CONDITIONS APPLY TO ALL RECIPIENTS OF WATER QUALITY COMBINED FINANCIAL
ASSISTANCE FUNDING.
The Water Quality Financial Assistance Funding Guidelines are included in this agreement by reference and are available on
ECOLOGY’s Water Quality Program website.
A. Accounting Standards: The RECIPIENT shall maintain accurate records and accounts for the project (PROJECT Records)
in accordance with Generally Accepted Accounting Principles (GAAP) as issued by the Governmental Accounting Standards
Board (GASB), including standards related to the reporting of infrastructure assets or in accordance with the standards in
Chapter 43.09.200 RCW “Local Government Accounting – Uniform System of Accounting .”
B. Architectural and Engineering Services: The RECIPIENT certifies by signing this agreement that the requirements of
Chapter 39.80 RCW, “Contracts for Architectural and Engineering Services ,” have been, or shall be, met in procuring
qualified architectural/engineering services. The RECIPIENT shall identify and separate eligible and ineligible costs in the final
architectural/engineering services contract and submit a copy of the contract to ECOLOGY.
C. Acquisition: The following provisions shall be in force only if the project described in this agreement is an acquisition project:
a. Evidence of Land Value and Title. The RECIPIENT shall submit documentation of the cost of the property rights and the
type of ownership interest that has been acquired.
b. Legal Description of Real Property Rights Acquired . The legal description of the real property rights purchased with funding
assistance provided through this agreement (and protected by a recorded conveyance of rights to the State of Washington )
shall be incorporated into the agreement before final payment.
c. Conveyance of Rights to the State of Washington. Upon purchase of real property rights (both fee simple and lesser
interests), the RECIPIENT shall execute the document necessary to convey certain rights and responsibilities to ECOLOGY ,
on behalf of the State of Washington . The documents required will depend on the project type, the real property rights being
acquired, and whether or not those rights are being acquired in perpetuity (see options below). The RECIPIENT shall use
language provided by ECOLOGY, to record the executed document in the County where the real property lies, and to
provide a copy of the recorded document to ECOLOGY.
Documentation Options:
1. Deed of Right. The Deed of Right conveys to the people of the state of Washington the right to preserve , protect, and/or
use the property for public purposes consistent with the fund source. RECIPIENTs shall use this document when acquiring real
property rights that include the underlying land. This document may also be applicable for those easements where the
RECIPIENT has acquired a perpetual easement for public purposes . The RECIPIENT must obtain ECOLOGY approval on
the draft language prior to executing the deed of right.
2. Assignment of Rights. The Assignment of Rights document transfers certain rights such as access and enforcement to
ECOLOGY. The RECIPIENT shall use this document when an easement or lease is being acquired for water quality and
habitat conservation. The Assignment of Rights requires the signature of the underlying landowner and must be incorporated by
reference in the easement document.
3. Easements and Leases. The RECIPIENT may incorporate required language from the Deed of Right or Assignment of
Rights directly into the easement or lease document, thereby eliminating the requirement for a separate document. Language
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Page 19 of 41State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00036
Springbrook Terrace Water Quality Retrofit
City of Renton
will depend on the situation; therefore, the RECIPIENT must obtain ECOLOGY approval on the draft language prior to
executing the easement or lease.
d. Real Property Acquisition and Relocation Assistance.
1. Federal Acquisition Policies. See Section 4 of this agreement for requirements specific to Section 319 and SRF funded
projects.
2. State Acquisition Policies. When state funds are part of this agreement, the RECIPIENT agrees to comply with the terms
and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policy of the State of Washington , Chapter
8.26 RCW, and Chapter 468-100 WAC.
3. Housing and Relocation. In the event that housing and relocation costs, as required by federal law set out in subsection (1)
above and/or state law set out in subsection (2) above, are involved in the execution of this project, the RECIPIENT agrees to
provide any housing and relocation assistance required.
e. Hazardous Substances.
1. Certification. The RECIPIENT shall inspect, investigate, and conduct an environmental audit of the proposed acquisition site
for the presence of hazardous substances, as defined in RCW 70.105D.020(10), and certify:
i. No hazardous substances were found on the site, or
ii. Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and federal laws,
and the site is deemed “clean.”
2. Responsibility. Nothing in this provision alters the RECIPIENT's duties and liabilities regarding hazardous substances as set
forth in RCW 70.105D.
3. Hold Harmless. The RECIPIENT will defend, protect and hold harmless ECOLOGY and any and all of its employees
and/or agents, from and against any and all liability, cost (including but not limited to all costs of defense and attorneys' fees)
and any and all loss of any nature from any and all claims or suits resulting from the presence of, or the release or threatened
release of, hazardous substances on the property the RECIPIENT is acquiring .
f. Restriction On Conversion Of Real Property And/Or Facilities To Other Uses
The RECIPIENT shall not at any time convert any real property (including any interest therein) or facility acquired, developed,
maintained, renovated, and/or restored pursuant to this agreement to uses other than those purposes for which funds were
approved without prior approval of ECOLOGY. For acquisition projects that are term limited, such as one involving a lease or
a term-limited restoration, renovation or development project or easement, this restriction on conversion shall apply only for
the length of the term, unless otherwise provided in written documents or required by applicable state or federal law. In such
case, the restriction applies to such projects for the length of the term specified by the lease, easement, deed, or landowner
agreement.
D. Best Management Practices (BMP) Implementation: If the RECIPIENT installs BMPs that are not approved by
ECOLOGY prior to installation, the RECIPIENT assumes the risk that part or all of the reimbursement for that activity may be
delayed or ineligible. For more details regarding BMP Implementation, please reference the Water Quality Financial
Assistance Funding Guidelines available on ECOLOGY’s Water Quality Program funding website .
E. Electronic Fund Transfers: Payment will be issued through Washington State’s Office of Financial Management’s Statewide
Payee Desk. To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form
and an IRS W-9 form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about
the vendor registration process or electronic fund transfers, you can contact Statewide Payee Help Desk at (360) 407-8180
or email PayeeRegistration@ofm.wa.gov.
F. Equipment Purchase: Equipment purchases over $5,000 and not included in the scope of work or the Ecology approved
construction plans and specifications, must be pre-approved by ECOLOGY’s project manager before purchase . All
equipment purchases over $5,000 and not included in a contract for work being completed on the funded project, must also
be reported on the Equipment Purchase Report in EAGL.
G. Funding Recognition: The RECIPIENT must inform the public about any ECOLOGY or EPA funding participation in this
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Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00036
Springbrook Terrace Water Quality Retrofit
City of Renton
project through the use of project signs, acknowledgement in published materials, reports, the news media, websites, or other
public announcements. Projects addressing site-specific locations must utilize appropriately sized and weather-resistant signs.
Contact your Ecology Project Team to determine the appropriate recognition for your project .
H. Growth Management Planning: The RECIPIENT certifies by signing this agreement that it is in compliance with the
requirements of Chapter 36.70A RCW, “Growth Management Planning by Selected Counties and Cities.” If the status of
compliance changes, either through RECIPIENT or legislative action, the RECIPIENT shall notify ECOLOGY in writing of
this change within 30 days.
I. Interlocal: The RECIPIENT certifies by signing this agreement that all negotiated interlocal agreements necessary for the
project are, or shall be, consistent with the terms of this agreement and Chapter 39.34 RCW, “Interlocal Cooperation Act.”
The RECIPIENT shall submit a copy of each interlocal agreement necessary for the project to ECOLOGY upon request .
J. Lobbying and Litigation: Costs incurred for the purposes of lobbying or litigation are not eligible for funding under this
agreement.
K. Post Project Assessment Survey: The RECIPIENT agrees to participate in 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 approximately
three years after project completion. A representative from ECOLOGY’s Water Quality Program may contact the
RECIPIENT to request this data. ECOLOGY may also conduct site interviews and inspections , and may otherwise evaluate
the project, as part of this assessment.
L. Project Status Evaluation: ECOLOGY may evaluate the status at any time. ECOLOGY’s Project Manager and Financial
Manager will meet with the RECIPIENT to review spending trends , completion of outcome measures, and overall project
administration and performance. If the RECIPIENT fails to make satisfactory progress toward achieving project outcomes ,
ECOLOGY may change the scope of work, reduce grant funds, or increase oversight measures.
M. Technical Assistance: Technical assistance for agriculture activities provided under the terms of this agreement shall be
consistent with the current U.S. Natural Resource Conservation Service (“NRCS”) Field Office Technical Guide for
Washington State and specific requirements outlined in the Water Quality Funding Guidelines . Technical assistance, proposed
practices, or project designs that do not meet these standards may be eligible if approved in writing by ECOLOGY.
SECTION 3: CONDITIONS APPLY TO SECTION 319 AND CENTENNIAL CLEAN WATER FUNDED PROJECTS
BEING USED TO MATCH SECTION 319 FUNDS.
The RECIPIENT must submit the following documents to ECOLOGY before this agreement is signed by ECOLOGY :
1. Federal Funding Accountability and Transparency Act (FFATA) Form is available on the Water Quality Program website
and must be completed and submitted to Ecology. (This form is used for Section 319 (federal) funds only)
2. “Section 319 Initial Data Reporting” form must be completed in EAGL.
A. Data Reporting: The RECIPIENT must complete the “Section 319 Initial Data Reporting” form in EAGL before this
agreement can be signed by Ecology. This form is used to gather general information about the project for EPA .
B. Funding Recognition and Outreach: In addition to Section 2.F. of these Special Terms and Conditions, the RECIPIENT
shall provide signage that informs the public that the project is funded by EPA . The signage shall contain the EPA logo and
follow usage requirements available at http://www2.epa.gov/stylebook/using-epa-seal-and-logo. To obtain the appropriate
EPA logo or seal graphic file, the RECIPIENT may send a request to their Ecology Financial Manager.
To increase public awareness of projects serving communities where English is not the predominant language , RECIPIENTS
are encouraged to provide their outreach strategies communication in non-English languages. Translation costs for this purpose
are allowable, provided the costs are reasonable. (Applies to both the Section 319 funded projects and the Centennial match
projects)
The RECIPIENT shall use the following paragraph in all reports, documents, and signage developed under this agreement:
(Applies to Section 319 funded projects only)
“This project has been funded wholly or in part by the United States Environmental Protection Agency under an assistance
agreement to the Washington State Department of Ecology . The contents of this document do not necessarily reflect the views
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Page 21 of 41State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00036
Springbrook Terrace Water Quality Retrofit
City of Renton
and policies of the Environmental Protection Agency , nor does the mention of trade names or commercial products constitute
endorsement or recommendation for use.”
C. Load Reduction Reporting: The RECIPIENT shall complete the “Section 319 Annual Load Reduction Reporting” form in
EAGL by January 15 of each year and at project close-out. ECOLOGY may hold reimbursements until the RECIPIENT has
completed the form. This form is used to gather information on best management practices (BMPs) installed and associated
pollutant load reductions that were funded as a part of this project.
D. Time Extension: The RECIPIENT may request a one-time extension for up to 12 months. However, the time extension
cannot exceed the time limitation established in EPA’s assistance agreement . In the event a time extension is requested and
approved by ECOLOGY, the RECIPIENT must complete all eligible work performed under this agreement by the expiration
date. (For Section 319 funded projects only)
SECTION 4: CONDITIONS APPLY TO ALL FEDERAL FUNDING AGREEMENTS, INCLUDING SECTION 319,
State Revolving Fund (SRF) Equivalency Projects, and SEWER OVERFLOW AND STORMWATER REUSE
MUNICIPAL GRANT (OSG)
A. Acquisitions: RECIPIENTs shall comply with the terms and conditions of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, 84 Stat. 1894 (1970)--Public Law 91-646, as amended by the Surface
Transportation and Uniform Relocation Assistance Act , PL 100-17-1987, and applicable regulations and procedures of the
federal agency implementing that Act.
B. Audit Requirements: In accordance with 2 CFR 200.501(a), the RECIPIENT agrees to obtain a single audit from an
independent auditor, if their organization expends $750,000 or more in total Federal funds in their fiscal year. The
RECIPIENT must submit the form SF-SAC and a Single Audit Report Package within 9 months of the end of the fiscal year
or 30 days after receiving the report from an independent auditor. The SF-SAC and a Single Audit Report Package MUST be
submitted using the Federal Audit Clearinghouse’s Internet Data Entry System available at : https://facweb.census.gov/.
C. Archaeological Resources and Historic Properties (Section 106): This requires completion of the Ecology Cultural
Resources Review Form, coordination with Ecology Cultural Resources staff , and receipt of the Ecology Final Determination
prior to any property acquisition and above and below ground disturbing activities.
D. Architectural and Engineering Services Procurement: The RECIPIENT must procure architectural and engineering services
in accordance with the federal requirements in Chapter 11 of Title 40, U.S.C. (see
https://uscode.house.gov/view.xhtml?path=/prelim@title40/subtitle1/chapter 11&edition=prelim).
E Build America, Buy America (BABA – Pub. L. No. 117-58, 70901-52) (Federally funded SRF Equivalency projects only):
The RECIPIENT identified by ECOLOGY as receiving federal equivalency funding agrees to comply with all federal
requirements applicable to the assistance received (including those imposed by the Infrastructure Investment and Jobs Act
(“IIJA”/BIL), Public Law No. 117-58) which the RECIPIENT understands includes, but is not limited to, the following
requirements: that all the iron and steel, manufactured products, and construction materials used in the Project are to be
produced in the United States (“Build America, Buy America Requirements”) unless (i) the RECIPIENT has requested and
obtained a waiver from the cognizant Agency pertaining to the Project or the Project is otherwise covered by a general
applicability waiver; or (ii) all of the contributing Agencies have otherwise advised the RECIPIENT in writing that the Build
America, Buy America Requirements are not applicable to the project .
RECPIENT shall comply with all record keeping and reporting requirements under all applicable legal authorities , including any
reports required by the funding authority (such as EPA and/or a state), such as performance indicators of program deliverables,
information on costs and project progress. The RECIPIENT identified by ECOLOGY as receiving federal equivalency
funding, understands that (i) each contract and subcontract related to the project is subject to audit by appropriate federal and
state entities and (ii) failure to comply with the applicable legal requirements and this Agreement may result in a default
hereunder that results in a repayment of the assistance agreement in advance of termination and/or repayment of assistance,
and/or other remedial actions.
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Page 22 of 41State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00036
Springbrook Terrace Water Quality Retrofit
City of Renton
EPA has granted an adjustment period waiver of the requirements of Section 70914(a) of the BIL, pursuant to Section
70914(b)(1) (public interest waiver), for eligible projects financed by SRF projects that have initiated project design planning
prior to May 14, 2022, the statutory effective date of the BABA requirements . This action permits the use of non-domestic
manufactured products and construction materials in such projects funded by a Clean Water or Drinking Water SRF that may
otherwise be prohibited under the BABA requirements of Section 70914. This action permits the use of non-domestic
manufactured products and construction materials in such projects funded by a Clean Water or Drinking Water SRF that may
otherwise be prohibited under the BABA requirements of Section 70914. Sections 70917(a) and (b) of BIL provide a savings
provision for existing statutory requirements that meet or exceed BABA requirements . The statutory American Iron and Steel
(AIS) requirements of Clean Water Act (CWA) Section 608 and Safe Drinking Water Act (SDWA) Section 1452(a)(4) has
previously applied to SRF projects and will continue to do so as part of BABA requirements .
Where manufactured products used in the project are required to be produced in the United States, manufactured product
shall mean manufactured in the United States, and the cost of the components of the manufactured product that are mined,
produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the
manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured
product has been established under applicable law or regulation. The manufactured products included cover the majority of
potential water infrastructure products, including complex products made up of a variety of material types and components.
For water infrastructure projects, commonly manufactured products would include, but not be limited to, pumps, motors,
blowers, aerators, generators, instrumentation and control systems, gauges, meters, measurement equipment, treatment
equipment, dewatering equipment, actuators, and many other mechanical and electrical items.
F. Disadvantaged Business Enterprise (DBE): General Compliance, 40 CFR, Part 33. The RECIPIENT agrees to comply
with the requirements of the Environmental Protection Agency’s Program for Utilization of Small , Minority, and Women’s
Business Enterprises (MBE/WBE) 40CFR, Part 33 in procurement under this agreement.
Six Good Faith Efforts, 40 CFR, Part 33, Subpart C. The RECIPIENT agrees to make the following good faith efforts
whenever procuring construction, equipment, services, and supplies under this agreement. Records documenting compliance
with the following six good faith efforts shall be retained:
1) Ensure Disadvantaged Business Enterprises are made aware of contracting opportunities to the fullest extent practicable
through outreach and recruitment activities. For Indian Tribal, State and Local and Government RECIPIENTs , this shall
include placing Disadvantaged Business Enterprises on solicitation lists and soliciting them whenever they are potential sources.
2) Make information on forthcoming opportunities available to Disadvantaged Business Enterprises and arrange time frames for
contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation
by Disadvantaged Business Enterprises in the competitive process. This includes, whenever possible, posting solicitations for
bids or proposals for a minimum of thirty (30) calendar days before the bid or proposal closing date.
3) Consider, in the contracting process, whether firms competing for large contracts could subcontract with Disadvantaged
Business Enterprises. For Indian Tribal, State, and Local Government RECIPIENTs, this shall include dividing total
requirements when economically feasible into smaller tasks or quantities to permit maximum participation by Disadvantaged
Business Enterprises in the competitive process.
4) Encourage contracting with a consortium of Disadvantaged Business Enterprises when a contract is too large for one of
these firms to handle individually.
5) Use services and assistance of the Small Business Administration and the Minority Business Development Agency of the
Department of Commerce.
6) If the prime contractor awards subcontracts, require the prime contractor to take the five good faith efforts steps in
paragraphs 1 through 5 above.
The RECIPIENT agrees to submit ECOLOGY’s Contractor Participation Report Form D with each payment request .
Contract Administration Provisions, 40 CFR, Section 33.302. The RECIPIENT agrees to comply with the contract
administration provisions of 40 CFR, Section 33.302.
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Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00036
Springbrook Terrace Water Quality Retrofit
City of Renton
Non-discrimination Provision. The RECIPIENT shall not discriminate on the basis of race , color, national origin, or sex in the
performance of this agreement. The RECIPIENT shall carry out applicable requirements of 40 CFR Part 33 in the award and
administration of contracts awarded under EPA financial assistance agreements . Failure by the RECIPIENT to carry out these
requirements is a material breach of this agreement which may result in the termination of this contract or other legally available
remedies.
This does not preclude the RECIPIENT from enacting broader nondiscrimination protections .
The RECIPIENT shall comply with all federal and state nondiscrimination laws, including but not limited to, Title VI and VII of
the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972,
the Age Discrimination Act of 1975, and Chapter 49.60 RCW, Washington’s Law Against Discrimination, and 42 U.S.C.
12101 et seq, the Americans with Disabilities Act (ADA).
In the event of the RECIPIENT’s noncompliance or refusal to comply with any applicable nondiscrimination law , regulation, or
policy, this agreement may be rescinded, canceled, or terminated in whole or in part and the RECIPIENT may be declared
ineligible for further funding from ECOLOGY. The RECIPIENT shall, however, be given a reasonable time in which to cure
this noncompliance.
The RECIPIENT shall include the following terms and conditions in contracts with all contractors , subcontractors, engineers,
vendors, and any other entity for work or services pertaining to this agreement.
“The Contractor will not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. The
Contractor will carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded
under Environmental Protection Agency financial agreements . Failure by the Contractor to carry out these requirements is a
material breach of this Contract which may result in termination of this Contract or other legally available remedies.”
Bidder List, 40 CFR, Section 33.501(b) and (c). The RECIPIENT agrees to create and maintain a bidders list . The bidders
list shall include the following information for all firms that bid or quote on prime contracts, or bid or quote subcontracts,
including both MBE/WBEs and non-MBE/WBEs.
1. Entity's name with point of contact
2. Entity's mailing address, telephone number, and e-mail address
3. The procurement on which the entity bid or quoted, and when
4. Entity's status as an MBE/WBE or non-MBE/WBE
G. Electronic and information Technology (EIT) Accessibility: RECIPIENTs shall ensure that loan funds provided under this
agreement for costs in the development or purchase of EIT systems or products provide individuals with disabilities reasonable
accommodations and an equal and effective opportunity to benefit from or participate in a program , including those offered
through electronic and information technology as per Section 504 of the Rehabilitation Act, codified in 40 CFR Part 7.
Systems or products funded under this agreement must be designed to meet the diverse needs of users without barriers or
diminished function or quality. Systems shall include usability features or functions that accommodate the needs of persons with
disabilities, including those who use assistive technology.
H. Federal Funding Accountability and Transparency Act (FFATA) Form, available on the Water Quality Program website.
I. Hotel-Motel Fire Safety Act: The RECIPIENT shall ensure that all space for conferences, meetings, conventions, or
training seminars funded in whole or in part with federal funds complies with the protection and control guidelines of the Hotel
and Motel Fire Safety Act (15 USC 2225a, PL 101-391, as amended). Recipients may search the Hotel-Motel National
Master List at http://www.usfa.dhs.gov/applications/hotel/ to see if a property is in compliance, or to find other information
about the Act. Pursuant to 15 USC 2225a.
J. Prevailing Wage (Davis-Bacon Act): The RECIPIENT agrees, by signing this agreement, to comply with the Davis-Bacon
Act prevailing wage requirements. This applies to the construction, alteration, and repair of treatment works carried out, in
whole or in part, with assistance made available by the State Revolving Fund as authorized by Section 513, title VI of the
Federal Water Pollution Control Act (33 U.S.C. 1372). Laborers and mechanics employed by contractors and
subcontractors shall be paid wages not less often than once a week and at rates not less than those prevailing on projects of a
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Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00036
Springbrook Terrace Water Quality Retrofit
City of Renton
character similar in the locality as determined by the Secretary of Labor.
The RECIPIENT shall obtain the wage determination for the area in which the project is located prior to issuing requests for
bids, proposals, quotes, or other methods for soliciting contracts (solicitation). These wage determinations shall be
incorporated into solicitations and any subsequent contracts. The RECIPIENT shall ensure that the required EPA contract
language regarding Davis-Bacon Wages is in all contracts and subcontracts more than $2,000. The RECIPIENT shall
maintain records sufficient to document compliance with the Davis -Bacon Act and make such records available for review
upon request. Wage determinations and instructions for their use can be found at https ://sam.gov/.
The RECIPIENT also agrees, by signing this agreement, to comply with State Prevailing Wages on Public Works, Chapter
39.12 RCW, as applicable. Compliance may include the determination whether the project involves “public work” and
inclusion of the applicable prevailing wage rates in the bid specifications and contracts. The RECIPIENT agrees to maintain
records sufficient to evidence compliance with Chapter 39.12 RCW and make such records available for review upon request .
Where conflicts arise between the State prevailing wage rates and Davis-Bacon Act prevailing wage requirements the more
stringent requirement shall govern. Washington State prevailing wage rates can be found at
https://www.lni.wa.gov/licensing-permits/public-works-projects/prevailing-wage-rates/
K. Trafficking in Persons: The RECIPIENT and RECIPIENT employees that are private entities shall not engage in forms of
trafficking in persons. This includes, but is not limited to, the procurement of a commercial sex act or forced labor. The
RECIPIENT shall notify ECOLOGY immediately of any information received from any source alleging a violation under this
provision.
L. Unique Entity Identity Identifier (UEI): The RECIPIENT agrees to register with and make their registration public in the
System for Award Management (SAM.gov). The RECIPIENT will be assigned a UEI and agree to include their UEI Number
under their organization’s information in EAGL . The UEI number must be entered into EAGL before a funding agreement is
signed.
SECTION 5: CONDITIONS APPLY TO STATE REVOLVING FUND (SRF) LOAN FUNDED PROJECTS ONLY.
The RECIPIENT must submit the following documents/forms to ECOLOGY before this agreement is signed by ECOLOGY :
1. Financial Capability Assessment Documentation (upon request)
2. Opinion of RECIPIENT’s Legal Council – Form available on the Ecology website must be completed and uploaded to the
General Uploads form in EAGL.
3. Authorizing Ordinance or Resolution – Must be uploaded to the General Uploads form in EAGL.
4. Federal Funding Accountability and Transparency Act (FFATA) Form (Required for all federally funded SRF Equivalency
projects – Form available on the Ecology website must be completed and uploaded to the General Uploads form in EAGL.
5. CWSRF Federal Reporting Information form – Must be completed in EAGL.
6. Fiscal Sustainability Plan (Asset Management) Certification Form (Only required if the project includes construction of a
wastewater or stormwater facility construction) – Must be completed in EAGL.
7. Cost and Effectiveness Analysis Certification Form (Required for all projects receiving SRF Loan funding) – Must be
completed in EAGL.
8. State Environmental Review Process (SERP) Documentation (Required for treatment works projects only) – Must be
uploaded to the Environmental and Cultural Review form in EAGL.
A. Alteration and Eligibility of Project: During the term of this agreement, the RECIPIENT (1) shall not materially alter the
design or structural character of the project without the prior written approval of ECOLOGY and (2) shall take no action
which would adversely affect the eligibility of the project as defined by applicable funding program rules and state statutes , or
which would cause a violation of any covenant, condition, or provision herein.
B. American Iron and Steel (Buy American – P.L 113-76, Consolidated Appropriations Act 2014, Section 436): This loan
provision applies to projects for the construction, alteration, maintenance, or repair of a “treatment works” as defined in the
Federal Water Pollution Control Act (33 USC 1381 et seq.) The RECIPIENT shall ensure that all iron and steel products
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Springbrook Terrace Water Quality Retrofit
City of Renton
used in the project are produced in the United States. Iron and Steel products means the following products made primarily of
iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe
clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. The RECIPIENT may
request waiver from this requirement from the Administrator of the Environmental Protection Agency . The RECIPIENT must
coordinate all waiver requests through ECOLOGY. This provision does not apply if the engineering plans and specifications
for the project were approved by ECOLOGY prior to January 17, 2014. ECOLOGY reserves the right to request
documentation of RECIPIENT’S compliance with this provision.
C. Authority of RECIPIENT: This agreement is authorized by the Constitution and laws of the state of Washington , including
the RECIPIENT’s authority, and by the RECIPIENT pursuant to the authorizing ordinance or resolution . The RECIPIENT
shall submit a copy of the authorizing ordinance or resolution to the ECOLOGY Financial Manager before this agreement shall
be signed by ECOLOGY.
D. Equivalency Projects: ECOLOGY designated equivalency project and alternative designated equivalency project
RECIPIENTs agree to accept federal funds and the federal requirements that accompany the funds . This includes all the
requirements in Section 4 and this Section.
E. Fiscal Sustainability Plan Certification: The RECIPIENT shall submit a completed Fiscal Sustainability Plan Certification
before this agreement is signed by ECOLOGY. The Fiscal Sustainability Plan Certification is available from the ECOLOGY
Financial Manager or on the Water Quality Program website .
F. Funding Recognition and Outreach: The RECIPIENT agrees to comply with the EPA SRF Signage Guidance to enhance
public awareness of EPA assistance agreements nationwide . Signage guidance can be found at:
https://ecology.wa.gov/About-us/How-we-operate/Grants-loans/Find-a-grant-or-loan/Water-Quality-grants-and-loans/Facility
-project-resources.
G. Insurance: The RECIPIENT shall at all times carry fire and extended insurance coverage , public liability, and property
damage, and such other forms of insurance with responsible insurers and policies payable to the RECIPIENT on such of the
buildings, equipment, works, plants, facilities, and properties of the Utility as are ordinarily carried by municipal or
privately-owned utilities engaged in the operation of like systems, and against such claims for damages as are ordinarily carried
by municipal or privately-owned utilities engaged in the operation of like systems, or it shall self-insure or participate in an
insurance pool or pools with reserves adequate, in the reasonable judgment of the RECIPIENT, to protect it against loss.
H. Litigation Authority: No litigation is now pending, or to the RECIPIENT’s knowledge, threatened, seeking to restrain, or
enjoin:
(i) the execution of this agreement; or
(ii) the fixing or collection of the revenues, rates, and charges or the formation of the ULID and the levy and collection of
ULID Assessments therein pledged to pay the principal of and interest on the loan (for revenue secured lien obligations); or
(iii) the levy and collection of the taxes pledged to pay the principal of and interest on the loan (for general obligation-secured
loans and general obligation payable from special-assessment-secured loans); or
(iv) in any manner questioning the proceedings and authority under which the agreement, the loan, or the project are
authorized. Neither the corporate existence, or boundaries of the RECIPIENT nor the title of its present officers to their
respective offices is being contested . No authority or proceeding for the execution of this agreement has been repealed,
revoked, or rescinded.
I. Loan Interest Rate and Terms: This loan agreement shall remain in effect until the date of final repayment of the loan , unless
terminated earlier according to the provisions herein.
When the Project Completion Date has occurred, ECOLOGY and the RECIPIENT shall execute an amendment to this loan
agreement which details the final loan amount (Final Loan Amount), and ECOLOGY shall prepare a final loan repayment
schedule. The Final Loan Amount shall be the combined total of actual disbursements made on the loan and all accrued
interest to the computation date.
The Estimated Loan Amount and the Final Loan Amount (in either case, as applicable, a “Loan Amount”) shall bear interest
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Recipient Name:
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Springbrook Terrace Water Quality Retrofit
City of Renton
based on the interest rate identified in this agreement as the “Effective Interest Rate ,” per annum, calculated on the basis of a
365-day year. Interest on the Estimated Loan Amount shall accrue from and be compounded monthly based on the date that
each payment is mailed to the RECIPIENT. The Final Loan Amount shall be repaid in equal installments , semiannually, over
the term of this loan “Loan Term” as outlined in this agreement .
J. Loan Repayment:
Sources of Loan Repayment
1. Nature of RECIPIENT's Obligation. The obligation of the RECIPIENT to repay the loan from the sources identified below
and to perform and observe all other agreements and obligations on its part, contained herein, shall be absolute and
unconditional, and shall not be subject to diminution by setoff , counterclaim, or abatement of any kind. To secure the
repayment of the loan from ECOLOGY, the RECIPIENT agrees to comply with all the covenants , agreements, and
attachments contained herein.
2. For General Obligation. This loan is a General Obligation Debt of the RECIPIENT.
3. For General Obligation Payable from Special Assessments . This loan is a General Obligation Debt of the RECIPIENT
payable from special assessments to be imposed within the constitutional and statutory tax limitations provided by law without
a vote of the electors of the RECIPIENT on all the taxable property within the boundaries of the RECIPIENT .
4. For Revenue-Secured: Lien Position. This loan is a Revenue-Secured Debt of the RECIPIENT’s Utility. This loan shall
constitute a lien and charge upon the Net Revenue junior and subordinate to the lien and charge upon such Net Revenue of any
Senior Lien Obligations.
In addition, if this loan is also secured by Utility Local Improvement Districts (ULID) Assessments, this loan shall constitute a
lien upon ULID Assessments in the ULID prior and superior to any other charges whatsoever .
5. Other Sources of Repayment. The RECIPIENT may repay any portion of the loan from any funds legally available to it .
6. Defeasance of the Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT shall not be entitled to, and shall not
affect, an economic Defeasance of the loan. The RECIPIENT shall not advance refund the loan.
If the RECIPIENT defeases or advance refunds the loan , it shall be required to use the proceeds thereof immediately upon
their receipt, together with other available RECIPIENT funds, to repay both of the following:
(i) The Loan Amount with interest
(ii) Any other obligations of the RECIPIENT to ECOLOGY under this agreement , unless in its sole discretion ECOLOGY
finds that repayment from those additional sources would not be in the public interest.
Failure to repay the Loan Amount plus interest within the time specified in ECOLOGY’s notice to make such repayment shall
incur Late Charges and shall be treated as a Loan Default.
7. Refinancing or Early Repayment of the Project. So long as ECOLOGY shall hold this loan, the RECIPIENT shall give
ECOLOGY thirty days written notice if the RECIPIENT intends to refinance or make early repayment of the loan .
Method and Conditions on Repayments
1. Semiannual Payments. Notwithstanding any other provision of this agreement, the first semiannual payment of principal and
interest on this loan shall be due and payable no later than one year after the project completion date or initiation of operation
date, whichever comes first.
Thereafter, equal payments shall be due every six months.
If the due date for any semiannual payment falls on a Saturday, Sunday, or designated holiday for Washington State agencies ,
the payment shall be due on the next business day for Washington State agencies .
Payments shall be mailed to:
Department of Ecology
Cashiering Unit
P.O. Box 47611
Olympia WA 98504-7611
In lieu of mailing payments, electronic fund transfers can be arranged by working with ECOLOGY’s Financial Manager .
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Recipient Name:
WQC-2024-Renton-00036
Springbrook Terrace Water Quality Retrofit
City of Renton
No change to the amount of the semiannual principal and interest payments shall be made without a mutually signed amendment
to this agreement. The RECIPIENT shall continue to make semiannual payments based on this agreement until the amendment
is effective, at which time the RECIPIENT’s payments shall be made pursuant to the amended agreement .
2. Late Charges. If any amount of the Final Loan Amount or any other amount owed to ECOLOGY pursuant to this
agreement remains unpaid after it becomes due and payable, ECOLOGY may assess a late charge. The late charge shall be
one percent per month on the past due amount starting on the date the debt becomes past due and until it is paid in full.
3. Repayment Limitations. Repayment of the loan is subject to the following additional limitations, among others: those on
defeasance, refinancing and advance refunding, termination, and default and recovery of payments.
4. Prepayment of Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT may prepay the entire unpaid principal
balance of and accrued interest on the loan or any portion of the remaining unpaid principal balance of the Loan Amount . Any
prepayments on the loan shall be applied first to any accrued interest due and then to the outstanding principal balance of the
Loan Amount. If the RECIPIENT elects to prepay the entire remaining unpaid balance and accrued interest , the RECIPIENT
shall first contact ECOLOGY’s Revenue/Receivable Manager of the Fiscal Office .
K. Loan Security
Due Regard: For loans secured with a Revenue Obligation: The RECIPIENT shall exercise due regard for Maintenance and
Operation Expense and the debt service requirements of the Senior Lien Obligations and any other outstanding obligations
pledging the Gross Revenue of the Utility, and it has not obligated itself to set aside and pay into the loan Fund a greater
amount of the Gross Revenue of the Utility than, in its judgment, shall be available over and above such Maintenance and
Operation Expense and those debt service requirements.
Where collecting adequate gross utility revenue requires connecting additional users, the RECIPIENT shall require the sewer
system connections necessary to meet debt obligations and expected operation and maintenance expenses.
Levy and Collection of Taxes (if used to secure the repayment of the loan): For so long as the loan is outstanding, the
RECIPIENT irrevocably pledges to include in its budget and levy taxes annually within the constitutional and statutory tax
limitations provided by law without a vote of its electors on all of the taxable property within the boundaries of the
RECIPIENT in an amount sufficient, together with other money legally available and to be used therefore, to pay when due the
principal of and interest on the loan, and the full faith, credit and resources of the RECIPIENT are pledged irrevocably for the
annual levy and collection of those taxes and the prompt payment of that principal and interest.
Not an Excess Indebtedness: For loans secured with a general obligation pledge or a general obligation pledge on special
assessments: The RECIPIENT agrees that this agreement and the loan to be made do not create an indebtedness of the
RECIPIENT in excess of any constitutional or statutory limitations .
Pledge of Net Revenue and ULID Assessments in the ULID (if used to secure the repayment of this loan): For so long as the
loan is outstanding, the RECIPIENT irrevocably pledges the Net Revenue of the Utility , including applicable ULID
Assessments in the ULID, to pay when due the principal of and interest on the loan.
Utility Local Improvement District (ULID) Assessment Collection (if used to secure the repayment of the loan): All ULID
Assessments in the ULID shall be paid into the Loan Fund and used to pay the principal of and interest on the loan.
L. Maintenance and Operation of a Funded Utility: The RECIPIENT shall, at all times, maintain and keep the funded Utility in
good repair, working order, and condition.
M. Opinion of RECIPIENT’s Legal Counsel: The RECIPIENT must submit an “Opinion of Legal Counsel to the
RECIPIENT” to ECOLOGY before this agreement will be signed. ECOLOGY will provide the form.
N. Prevailing Wage (Davis-Bacon Act): The RECIPIENT agrees, by signing this agreement, to comply with the Davis-Bacon
Act prevailing wage requirements. This applies to the construction, alteration, and repair of treatment works carried out, in
whole or in part, with assistance made available by the State Revolving Fund as authorized by Section 513, title VI of the
Federal Water Pollution Control Act (33 U.S.C. 1372). Laborers and mechanics employed by contractors and
subcontractors shall be paid wages not less often than once a week and at rates not less than those prevailing on projects of a
character similar in the locality as determined by the Secretary of Labor.
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Springbrook Terrace Water Quality Retrofit
City of Renton
The RECIPIENT shall obtain the wage determination for the area in which the project is located prior to issuing requests for
bids, proposals, quotes, or other methods for soliciting contracts (solicitation). These wage determinations shall be
incorporated into solicitations and any subsequent contracts. The RECIPIENT shall ensure that the required EPA contract
language regarding Davis-Bacon Wages is in all contracts and subcontracts more than $2,000. The RECIPIENT shall
maintain records sufficient to document compliance with the Davis -Bacon Act and make such records available for review
upon request.
The RECIPIENT also agrees, by signing this agreement, to comply with State Prevailing Wages on Public Works, Chapter
39.12 RCW, as applicable. Compliance may include the determination whether the project involves “public work” and
inclusion of the applicable prevailing wage rates in the bid specifications and contracts. The RECIPIENT agrees to maintain
records sufficient to evidence compliance with Chapter 39.12 RCW and make such records available for review upon request .
O. Progress Reports: RECIPIENTS funded with State Revolving Fund Loan or Forgivable Principal shall include the
following verification statement in the “General Comments” text box of each progress report.
“We verified that we are in compliance with all the requirements as outlined in our funding agreement (s) with the Department of
Ecology. This includes but is not limited to:
- The Davis-Bacon Act, 29 CFR , prevailing wage requirements, certified weekly payroll, etc.
- The Disadvantaged Business Enterprise (DBE), 40 CFR, Part 33
- The American Iron and Steel Act (Buy American)
- The Build America Buy America Act (BABA) (equivalency projects only)”
P. Representations and Warranties: The RECIPIENT represents and warrants to ECOLOGY as follows:
Application: Material Information. All information and materials submitted by the RECIPIENT to ECOLOGY in connection
with its loan application were, when made, and are, as of the date the RECIPIENT signs this agreement, true and correct.
There is no material adverse information relating to the RECIPIENT, the project, the loan, or this agreement known to the
RECIPIENT, which has not been disclosed in writing to ECOLOGY.
Existence; Authority. It is a duly formed and legally existing municipal corporation or political subdivision of the state of
Washington or a federally recognized Indian Tribe . It has full corporate power and authority to execute, deliver, and perform
all of its obligations under this agreement and to undertake the project identified herein.
Certification. Each payment request shall constitute a certification by the RECIPIENT to the effect that all representations and
warranties made in this loan agreement remain true as of the date of the request and that no adverse developments, affecting
the financial condition of the RECIPIENT or its ability to complete the project or to repay the principal of or interest on the
loan, have occurred since the date of this loan agreement. Any changes in the RECIPIENT’s financial condition shall be
disclosed in writing to ECOLOGY by the RECIPIENT in its request for payment .
Q. Sale or Disposition of Funded Utility: The RECIPIENT shall not sell, transfer, or otherwise dispose of any of the works,
plant, properties, facilities, or other part of the funded Utility or any real or personal property comprising a part of the funded
Utility unless:
1. The facilities or property transferred are not material to the operation of the funded Utility, or have become unserviceable,
inadequate, obsolete, or unfit to be used in the operation of the funded Utility or are no longer necessary, material, or useful to
the operation of the funded Utility; or
2. The aggregate depreciated cost value of the facilities or property being transferred in any fiscal year comprises no more
than three percent of the total assets of the funded Utility; or
3. The RECIPIENT receives from the transferee an amount equal to an amount which will be in the same proportion to the net
amount of Senior Lien Obligations and this LOAN then outstanding (defined as the total amount outstanding less the amount of
cash and investments in the bond and loan funds securing such debt) as the Gross Revenue of the funded Utility from the
portion of the funded Utility sold or disposed of for the preceding year bears to the total Gross Revenue for that period.
4. Expressed written agreement by the ECOLOGY.
The proceeds of any transfer under this paragraph must be used (1) to redeem promptly, or irrevocably set aside for the
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Recipient Name:
WQC-2024-Renton-00036
Springbrook Terrace Water Quality Retrofit
City of Renton
redemption of, Senior Lien Obligations and to redeem promptly the loan, and (2) to provide for part of the cost of additions to
and betterments and extensions of the Utility.
R. Sewer-Use Ordinance or Resolution for Funded Wastewater Facility Projects : If not already in existence, the RECIPIENT
shall adopt and shall enforce a sewer-use ordinance or resolution. Such ordinance or resolution shall be submitted to
ECOLOGY upon request.
The sewer use ordinance must include provisions to:
1) Prohibit the introduction of toxic or hazardous wastes into the RECIPIENT’s sewer system .
2) Prohibit inflow of stormwater into separated sewer systems.
3) Require that new sewers and connections be properly designed and constructed.
S. Termination and Default:
Termination and Default Events
1. For Insufficient ECOLOGY or RECIPIENT Funds. ECOLOGY may terminate this loan agreement for insufficient
ECOLOGY or RECIPIENT funds.
2. For Failure to Commence Work. ECOLOGY may terminate this loan agreement for failure of the RECIPIENT to
commence project work.
3. Past Due Payments. The RECIPIENT shall be in default of its obligations under this loan agreement when any loan
repayment becomes 60 days past due.
4. Other Cause. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance in full by the
RECIPIENT of all its obligations under this loan agreement. The RECIPIENT shall be in default of its obligations under this
loan agreement if, in the opinion of ECOLOGY, the RECIPIENT has unjustifiably failed to perform any obligation required of
it by this loan agreement.
Procedures for Termination. If this loan agreement is terminated prior to project completion, ECOLOGY shall provide to the
RECIPIENT a written notice of termination at least five working days prior to the effective date of termination (the
“Termination Date”). The written notice of termination by the ECOLOGY shall specify the Termination Date and , when
applicable, the date by which the RECIPIENT must repay any outstanding balance of the loan and all accrued interest (the
“Termination Payment Date”).
Termination and Default Remedies
No Further Payments. On and after the Termination Date, or in the event of a default event, ECOLOGY may, at its sole
discretion, withdraw the loan and make no further payments under this agreement.
Repayment Demand. In response to an ECOLOGY initiated termination event , or in response to a loan default event,
ECOLOGY may at its sole discretion demand that the RECIPIENT repay the outstanding balance of the Loan Amount and all
accrued interest.
Interest after Repayment Demand. From the time that ECOLOGY demands repayment of funds, amounts owed by the
RECIPIENT to ECOLOGY shall accrue additional interest at the rate of one percent per month , or fraction thereof.
Accelerate Repayments. In the event of a default, ECOLOGY may, in its sole discretion, declare the principal of and interest
on the loan immediately due and payable, subject to the prior lien and charge of any outstanding Senior Lien Obligation upon
the Net Revenue. That is, the loan is not subject to acceleration so long as any Senior Lien Obligations are outstanding.
Repayments not made immediately upon such acceleration will incur Late Charges .
Late Charges. All amounts due to ECOLOGY and not paid by the RECIPIENT by the Termination Payment Date or after
acceleration following a default event, as applicable, shall incur late charges.
Intercept State Funds. In the event of a default event and in accordance with Chapter 90.50A.060 RCW, “Defaults,” any
state funds otherwise due to the RECIPIENT may, at ECOLOGY’s sole discretion, be withheld and applied to the repayment
of the loan.
Property to ECOLOGY. In the event of a default event and at the option of ECOLOGY, any personal property (equipment)
acquired under this agreement may, in ECOLOGY’s sole discretion, become ECOLOGY’s property. In that circumstance,
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Springbrook Terrace Water Quality Retrofit
City of Renton
ECOLOGY shall reduce the RECIPIENT’s liability to repay money by an amount reflecting the fair value of such property .
Documents and Materials. If this agreement is terminated, all finished or unfinished documents, data studies, surveys,
drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT shall , at the option of
ECOLOGY, become ECOLOGY property . The RECIPIENT shall be entitled to receive just and equitable compensation for
any satisfactory work completed on such documents and other materials.
Collection and Enforcement Actions. In the event of a default event, the state of Washington reserves the right to take any
actions it deems necessary to collect the amounts due, or to become due, or to enforce the performance and observance of
any obligation by the RECIPIENT, under this agreement.
Fees and Expenses. In any action to enforce the provisions of this agreement, reasonable fees and expenses of attorneys and
other reasonable expenses (including, without limitation, the reasonably allocated costs of legal staff ) shall be awarded to the
prevailing party as that term is defined in Chapter 4.84.330 RCW.
Damages. Notwithstanding ECOLOGY’s exercise of any or all the termination or default remedies provided in this agreement ,
the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and /or the state of
Washington because of any breach of this agreement by the RECIPIENT . ECOLOGY may withhold payments for the
purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined .
T. User-Charge System for Funded Utilities: The RECIPIENT certifies that it has the legal authority to establish and implement
a user-charge system and shall adopt a system of user -charges to assure that each user of the funded utility shall pay its
proportionate share of the cost of operation and maintenance, including replacement during the design life of the project. The
user-charge system will include provisions for a connection charge .
In addition, the RECIPIENT shall regularly evaluate the user-charge system, at least annually, to ensure the system provides
adequate revenues necessary to operate and maintain the funded utility, to establish reserves to pay for replacement, and to
repay the loan.
GENERAL FEDERAL CONDITIONS
If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is
used to match a federal grant award, the following terms and conditions apply to you.
A. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION:
1.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 ECOLOGY 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
ECOLOGY 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
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Recipient Name:
WQC-2024-Renton-00036
Springbrook Terrace Water Quality Retrofit
City of Renton
“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.
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 ECOLOGY before requests for
reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in
<http://www.sam.gov> and print a copy of completed searches to document proof of compliance.
B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING
REQUIREMENTS:
CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the
signed agreement to ECOLOGY.
Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five
top executives using the FFATA Data Collection Form .
·Receives more than $30,000 in federal funds under this award.
·Receives more than 80 percent of its annual gross revenues from federal funds.
·Receives more than $25,000,000 in annual federal funds.
Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form . Ecology is
required to report the FFATA information for federally funded agreements , including the required Unique Entity Identifier in
www.sam.gov <http://www.sam.gov/> within 30 days of agreement signature. The FFATA information will be available to
the public at www.usaspending.gov <http://www.usaspending.gov/>.
For more details on FFATA requirements, see www.fsrs.gov <http://www.fsrs.gov/>.
C. FEDERAL FUNDING PROHIBITION ON CERTAIN TELECOMMUNICATIONS OR VIDEO SURVEILLANCE
SERVICES OR EQUIPMENT:
As required by 2 CFR 200.216, federal grant or loan recipients and subrecipients are prohibited from obligating or expending
loan or grant funds to:
1.Procure or obtain;
2.Extend or renew a contract to procure or obtain; or
3.Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use
covered telecommunications equipment, video surveillance services or services as a substantial or essential component
of any system, or as critical technology as part of any system. As described in Public Law 115-232
<https://www.govinfo.gov/content/pkg/PLAW-115publ232/pdf/PLAW-115publ232.pdf>, section 889, covered
telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE
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Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00036
Springbrook Terrace Water Quality Retrofit
City of Renton
Corporation (or any subsidiary or affiliate of such entities ).
Recipients, subrecipients, and borrowers also may not use federal funds to purchase certain prohibited equipment, systems, or
services, including equipment, systems, or services produced or provided by entities identified in section 889, are recorded in
the System for Award Management (SAM) <https://sam.gov/SAM/> exclusion list.
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Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00036
Springbrook Terrace Water Quality Retrofit
City of Renton
GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology
GENERAL TERMS AND CONDITIONS
For DEPARTMENT OF ECOLOGY GRANTS and LOANS
07/01/2023 Version
1. ADMINISTRATIVE REQUIREMENTS
a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans – EAGL Edition ."
(https://fortress.wa.gov/ecy/publications/SummaryPages/2301002.html)
b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all
funds and resources made available under this Agreement .
c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement , including ensuring all
subgrantees and contractors comply with the terms and conditions of this Agreement . ECOLOGY reserves the right to request
proof of compliance by subgrantees and contractors.
d) RECIPIENT’s activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and
character of all work and services.
2. AMENDMENTS AND MODIFICATIONS
This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent
modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized
representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative
information without the concurrence of either party.
3. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY
The RECIPIENT must comply with the Washington State Office of the Chief Information Officer , OCIO Policy no. 188,
Accessibility (https://ocio.wa.gov/policy/accessibility) as it relates to “covered technology.” This requirement applies to all
products supplied under the Agreement , providing equal access to information technology by individuals with disabilities,
including and not limited to web sites/pages, web-based applications, software systems, video and audio content, and electronic
documents intended for publishing on Ecology’s public web site .
4. ARCHAEOLOGICAL AND CULTURAL RESOURCES
RECIPIENT shall take all reasonable action to avoid, minimize, or mitigate adverse effects to archaeological and historic
archaeological sites, historic buildings/structures, traditional cultural places, sacred sites, or other cultural resources, hereby
referred to as Cultural Resources.
The RECIPIENT must agree to hold harmless ECOLOGY in relation to any claim related to Cultural Resources discovered ,
disturbed, or damaged due to the RECIPIENT’s project funded under this Agreement .
RECIPIENT shall:
a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project :
• Cultural Resource Consultation and Review should be initiated early in the project planning process and must be completed
prior to expenditure of Agreement funds as required by applicable State and Federal requirements .
* For state funded construction, demolition, or land acquisitions, comply with Governor Executive Order 21-02, Archaeological
and Cultural Resources.
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Agreement No:
Project Title:
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WQC-2024-Renton-00036
Springbrook Terrace Water Quality Retrofit
City of Renton
• For projects with any federal involvement, comply with the National Historic Preservation Act of 1966 (Section 106).
b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing
any project that involves field activities. ECOLOGY will provide the IDP form.
RECIPIENT shall:
• Keep the IDP at the project site.
• Make the IDP readily available to anyone working at the project site .
• Discuss the IDP with staff, volunteers, and contractors working at the project site.
• Implement the IDP when Cultural Resources or human remains are found at the project site .
c) If any Cultural Resources are found while conducting work under this Agreement , follow the protocol outlined in the project
IDP.
• Immediately stop work and notify the ECOLOGY Program, who will notify the Department of Archaeology and Historic
Preservation at (360) 586-3065, any affected Tribe, and the local government.
d) If any human remains are found while conducting work under this Agreement , follow the protocol outlined in the project
IDP.
• Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner /Coroner’s Office, the
Department of Archaeology and Historic Preservation at (360) 790-1633, and then the ECOLOGY Program.
e) Comply with RCW 27.53, RCW 27.44, and RCW 68.50.645, and all other applicable local, state, and federal laws
protecting Cultural Resources and human remains.
5. ASSIGNMENT
No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT .
6. COMMUNICATION
RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT 's designees, ECOLOGY, all
affected local, state, or federal jurisdictions, and any interested individuals or groups.
7. COMPENSATION
a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT .
ECOLOGY must sign the Agreement before any payment requests can be submitted .
b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement .
c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with
ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure .
d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY .
e) ECOLOGY will not process payment requests without the proper reimbursement forms , Progress Report and supporting
documentation. ECOLOGY will provide instructions for submitting payment requests .
f) ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment.
g) RECIPIENT will receive payment through Washington State’s Office of Financial Management’s Statewide Payee Desk .
To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W -9
form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor
registration process, you can contact Statewide Payee Help Desk at (360) 407-8180 or email PayeeRegistration@ofm.wa.gov.
h) ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to
satisfactorily comply with any term or condition of this Agreement .
i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein , or a portion thereof, has
been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement , as
appropriate, or upon completion of an audit as specified herein.
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Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00036
Springbrook Terrace Water Quality Retrofit
City of Renton
j) RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement, all financial, performance, and
other reports required by this Agreement. Failure to comply may result in delayed reimbursement.
8. COMPLIANCE WITH ALL LAWS
RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits related to
this Agreement, including but not limited to:
a) 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 .
b) RECIPIENT agrees to be bound by all applicable federal and state laws , regulations, and policies against discrimination.
c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements .
d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required
by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the
permit and approval processes.
ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to
comply with above requirements.
If any provision of this Agreement violates any statute or rule of law of the state of Washington , it is considered modified to
conform to that statute or rule of law.
9. CONFLICT OF INTEREST
RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or responsibility
in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect, nor
affect the interest of any corporation, partnership, or association in which he/she is a part, in this Agreement or the proceeds
thereof.
10. CONTRACTING FOR GOODS AND SERVICES
RECIPIENT may contract to buy goods or services related to its performance under this Agreement . RECIPIENT shall award
all contracts for construction, purchase of goods, equipment, services, and professional architectural and engineering services
through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure
legal, fair, and open competition.
RECIPIENT must have a standard procurement process or follow current state procurement procedures . RECIPIENT may be
required to provide written certification that they have followed their standard procurement procedures and applicable state law
in awarding contracts under this Agreement .
ECOLOGY reserves the right to inspect and request copies of all procurement documentation , and review procurement
practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state
procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY’s sole discretion .
11. DISPUTES
When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the
determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal decisions as provided for
below:
a) RECIPIENT notifies the funding program of an appeal request .
b) Appeal request must be in writing and state the disputed issue(s).
c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal .
d) ECOLOGY reviews the RECIPIENT’s appeal.
e) ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the review.
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Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00036
Springbrook Terrace Water Quality Retrofit
City of Renton
The decision of ECOLOGY from an appeal will be final and conclusive , unless within thirty (30) days from the date of such
decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly
authorized representative will be final and conclusive.
The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal.
Appeals of the Director's decision will be brought in the Superior Court of Thurston County . Review of the Director’s decision
will not be taken to Environmental and Land Use Hearings Office .
Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in
accordance with the decision rendered.
Nothing in this Agreement will be construed to limit the parties’ choice of another mutually acceptable method , in addition to the
dispute resolution procedure outlined above.
12. ENVIRONMENTAL DATA STANDARDS
a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses environmental
measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY
Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall:
• Use ECOLOGY’s QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance (QA)
officer or the Program QA coordinator instructs otherwise.
• Follow ECOLOGY’s Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies , July 2004
(Ecology Publication No. 04-03-030).
• Submit the QAPP to ECOLOGY for review and approval before the start of the work .
b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental
Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm
with ECOLOGY that complete and correct data was successfully loaded into EIM , find instructions at:
http://www.ecy.wa.gov/eim.
c) RECIPIENT shall follow ECOLOGY’s data standards when Geographic Information System (GIS) data is collected and
processed. Guidelines for Creating and Accessing GIS Data are available at :
https://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards. RECIPIENT, when
requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data
collection files, map products, and all metadata and project documentation.
13. GOVERNING LAW
This Agreement will be governed by the laws of the State of Washington , and the venue of any action brought hereunder will be
in the Superior Court of Thurston County.
14. INDEMNIFICATION
ECOLOGY will 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.
To the extent that the Constitution and laws of the State of Washington permit , each party will 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 .
15. INDEPENDENT STATUS
The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be
employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of the other
party.
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Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00036
Springbrook Terrace Water Quality Retrofit
City of Renton
16. KICKBACKS
RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up
any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in return for award
of a subcontract hereunder.
17. MINORITY AND WOMEN’S BUSINESS ENTERPRISES (MWBE)
RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-owned (MBE) and women-owned
(WBE) businesses in purchases and contracts initiated under this Agreement .
Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to
take the following actions, when possible, in any procurement under this Agreement :
a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or
services.
b) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation
by qualified minority and women's businesses.
c) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and
women's businesses.
d) Use the services and assistance of the Washington State Office of Minority and Women 's Business Enterprises (OMWBE)
(866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate.
18. ORDER OF 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) The Agreement; (c) Scope of
Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the
"Administrative Requirements for Recipients of Ecology Grants and Loans"; (f) Ecology Funding Program Guidelines; and (g)
General Terms and Conditions.
19. PRESENTATION AND PROMOTIONAL MATERIALS
ECOLOGY reserves the right to approve RECIPIENT’s communication documents and materials related to the fulfillment of
this Agreement:
a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior to
production and distribution.
b) RECIPIENT shall include time for ECOLOGY’s review and approval process in their project timeline .
c) If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible products
developed.
Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets, videos, audio
tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator magnet, and any
online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to provide a copy, then the
RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best represents the item.
Any communications intended for public distribution that uses ECOLOGY’s logo shall comply with ECOLOGY’s graphic
requirements and any additional requirements specified in this Agreement . Before the use of ECOLOGY’s logo contact
ECOLOGY for guidelines.
RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY .
20. PROGRESS REPORTING
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WQC-2024-Renton-00036
Springbrook Terrace Water Quality Retrofit
City of Renton
a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to
ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document
timely use of funds.
b) RECIPIENT must submit a progress report with each payment request . Payment requests will not be processed without a
progress report. ECOLOGY will define the elements and frequency of progress reports .
c) RECIPIENT shall use ECOLOGY’s provided progress report format.
d) Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1 through
September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after the end of the
quarter being reported.
e) RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extension has been approved
by ECOLOGY, all financial, performance, and other reports required by the Agreement and funding program guidelines .
RECIPIENT shall use the ECOLOGY provided closeout report format.
21. PROPERTY RIGHTS
a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property
under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY 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.
b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information ;
present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports, maps, or other data
in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY.
c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic
materials produced in fulfillment of this Agreement , in any manner ECOLOGY deems appropriate. ECOLOGY shall
acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials .
d) Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology Grants
and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds
furnished by ECOLOGY in the absence of state and federal statutes , regulations, or policies to the contrary, or upon specific
instructions with respect thereto in this Agreement .
e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT
for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY . If said property
is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoff by
the RECIPIENT for the fair market value of such property .
f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the
acquisition of land or facilities:
1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this
Agreement.
2. 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 intended by
this Agreement.
g) Conversions. Regardless of the Agreement expiration date , the RECIPIENT shall not at any time convert any equipment ,
property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally
approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY 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.
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Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00036
Springbrook Terrace Water Quality Retrofit
City of Renton
22. RECORDS, AUDITS, AND INSPECTIONS
RECIPIENT shall maintain complete program and financial records relating to this Agreement , including any engineering
documentation and field inspection reports of all construction work accomplished.
All records shall:
a) Be kept in a manner which provides an audit trail for all expenditures.
b) Be kept in a common file to facilitate audits and inspections.
c) Clearly indicate total receipts and expenditures related to this Agreement .
d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington ,
for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute resolution hereunder.
RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the
records.
ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has
been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced.
Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination.
All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY
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 (3) years following grant or loan termination or dispute resolution hereunder.
RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times, in
order to monitor and evaluate performance, compliance, and any other conditions under this Agreement .
23. RECOVERY OF FUNDS
The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance
of this Agreement and completion of the work described in the Scope of Work .
All payments to the RECIPIENT are subject to approval and audit by ECOLOGY , and any unauthorized expenditure(s) or
unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT .
RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement .
RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within
thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the time ECOLOGY
demands repayment of funds.
Any property acquired under this Agreement , at the option of ECOLOGY, may become ECOLOGY's property and the
RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property.
24. 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 .
25. STATE ENVIRONMENTAL POLICY ACT (SEPA)
RECIPIENT must demonstrate to ECOLOGY’s satisfaction that compliance with the requirements of the State Environmental
Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC) have been or will be met. Any reimbursements are subject to
this provision.
26. SUSPENSION
When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any
portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT . RECIPIENT shall resume
performance on the next business day following the suspension period unless another day is specified by ECOLOGY.
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Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00036
Springbrook Terrace Water Quality Retrofit
City of Renton
27. SUSTAINABLE PRACTICES
In order to sustain Washington’s natural resources and ecosystems , the RECIPIENT is fully encouraged to implement
sustainable practices and to purchase environmentally preferable products under this Agreement .
a) Sustainable practices may include such activities as: use of clean energy, use of double-sided printing, hosting low impact
meetings, and setting up recycling and composting programs.
b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and
imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced
packaging, office products that are refillable , rechargeable, and recyclable, 100% post-consumer recycled paper, and toxic free
products.
For more suggestions visit ECOLOGY’s web page, Green Purchasing,
https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing.
28. TERMINATION
a) For Cause
ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the
RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of
any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs
incurred in accordance with the terms of this Agreement prior to the effective date of termination .
Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work
on the project funded within four (4) months after the effective date of this Agreement, or by any date mutually agreed upon in
writing for commencement of work, or the time period defined within the Scope of Work .
Non-Performance. The obligation of ECOLOGY 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
ECOLOGY, to perform any obligation required of it by this Agreement , ECOLOGY may refuse to pay any further funds,
terminate in whole or in part this Agreement, and exercise any other rights under this Agreement .
Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY
and the State of Washington because of any breach of this Agreement by the RECIPIENT . ECOLOGY may withhold
payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is
determined.
b) For Convenience
ECOLOGY may terminate for convenience this Agreement , in whole or in part, for any reason when it is the best interest of
ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted below. If this
Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the
terms of this Agreement prior to the effective date of termination .
Non-Allocation of Funds. ECOLOGY’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 the
completion or expiration date of this Agreement, ECOLOGY, 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. ECOLOGY may also elect to
suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved . ECOLOGY may
exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide
notice.
In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the
effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT . In no
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Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00036
Springbrook Terrace Water Quality Retrofit
City of Renton
event shall ECOLOGY’s reimbursement exceed ECOLOGY’s total responsibility under the Agreement and any amendments .
If payments have been discontinued by ECOLOGY due to unavailable funds , the RECIPIENT shall not be obligated to repay
monies which had been paid to the RECIPIENT prior to such termination .
RECIPIENT’s obligation to continue or complete the work described in this Agreement shall be contingent upon availability of
funds by the RECIPIENT's governing body.
c) By Mutual Agreement
ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement.
d) In Event of Termination
All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials
prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of ECOLOGY and the
RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such
documents and other materials.
Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in
accordance with Recovery of Funds, identified herein.
29. THIRD PARTY BENEFICIARY
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 .
30. WAIVER
Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or 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 ECOLOGY.
End of General Terms and Conditions
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Agreement No. WQC-2024-Renton-00204
WATER QUALITY COMBINED FINANCIAL ASSISTANCE AGREEMENT
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
CITY OF RENTON
This is a binding Agreement entered into by and between the state of Washington , Department of Ecology, hereinafter
referred to as “ECOLOGY,” and City of Renton, hereinafter referred to as the “RECIPIENT,” to carry out with the
provided funds activities described herein.
Monroe Avenue NE Infiltration Facility (Phase 2)
GENERAL INFORMATION
Project Title:
Total Cost:
Total Eligible Cost:
Ecology Share:
Recipient Share:
The Effective Date of this Agreement is:
The Expiration Date of this Agreement is no later than:
Project Type:
Project Short Description:
This project will improve water quality in the Cedar River through installation of a StormTech chamber gallery , Boxless
Biopod water quality treatment vault, hydrodynamic separator, and stormwater conveyance system at 301 Monroe Ave
NE in the City of Renton. This project will provide treatment for total suspended solids (TSS), dissolved copper,
dissolved zinc, total phosphorus, and will also reduce flows to Cedar River by increasing stormwater infiltration.
Project Long Description:
The RECIPIENT will install a StormTech chamber gallery, BioPod water quality treatment system, hydrodynamic
separator, and stormwater conveyance system at 301 Monroe Ave NE in the city of Renton. The RECIPIENT
identified the central portion of the Renton Highlands neighborhood, or the Monroe Avenue NE Basin, for stormwater
treatment. The Monroe Avenue NE Basin is bounded by Monroe Avenue NE , NE 2nd Street, Union Avenue NE, and
NE 9th Street. The basin is primarily comprised of medium density residential and commercial lots. Approximately 245
$9,353,000.00
$9,353,000.00
$7,950,050.00
$1,402,950.00
07/01/2023
12/31/2025
Stormwater Facility
AGENDA ITEM #6. h)
Page 2 of 45State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00204
Monroe Avenue NE Infiltration Facility (Phase 2)
City of Renton
acres of this area generates stormwater runoff that eventually discharges to Cedar Creek . Currently the runoff flows
untreated to temporary perforated infiltration pipes with insufficient capacity . During large rain events, excess
stormwater overflows from temporary outfalls from the trunkline on Monroe Ave NE and discharges on the surface of
the Upper Balch Pit at 301 Monroe Ave NE. Untreated stormwater runoff and no vegetation at the site result in
untreated ponded water that saturates through native soil into groundwater that feeds the Cedar River and nearby
Aquifer Protection Area (Zone 2). The Cedar River discharges to Lake Washington and is Category 5 303(d) listed for
pH, dissolved oxygen, and temperature; Category 2 303(d) listed for mercury; and Category 303(d) listed for copper,
ammonia, arsenic, selenium, and bacteria. The Cedar River provides primary contact recreation and is a core summer
salmonid habitat. It is flow control exempt at this location and primarily influenced by groundwater flow.
This project will construct a permanent drainage and treatment solution to replace the existing temporary stormwater
overflow pipes. The proposed facility will provide enhanced water quality treatment to remove total suspended solids
(TSS) and heavy metals from runoff before it enters groundwater , Aquifer Protection Area (Zone 2), and the Cedar
River. By infiltrating after treatment, this project will allow runoff to cool below ground and increase dissolved oxygen
levels in the Cedar River. Infiltration will also maintain the current balance of groundwater and surface flows into the
Cedar River. The completed facility will provide water quality treatment for 127 acres of pollution-generating
impervious surfaces (PGIS) within the Monroe Ave NE basin.
The RECIPIENT designed the project in agreement WQC -2022-Renton-00047. The RECIPIENT will complete
installation during two separate phases (Phase 1 and Phase 2). Phase 1 will be completed under agreement
WQC-2022-Renton-00047 and consists of the hauling and placement of select borrow and infiltration gravel. This site
preparation will support the StormTech chamber gallery , which will be constructed during Phase 2. Phase 2 will consist
of installing the stormwater best management practices (BMPs) above the infiltration gravel. Stormwater will enter the
site from the storm system along Monroe Ave NE and will be conveyed to a hydrodynamic separator and flow splitter .
At the flow splitter, flows up to the water quality flowrate will be routed to a BioPod water quality treatment system.
Flows above the water quality flowrate will bypass the treatment vault and combine with treated water before entering a
StormTech chamber gallery. The BMPs are Technology Assessment Protocol - Ecology (TAPE) General Use Level
Designation (GULD) approved technologies for basic, enhanced, and phosphorus treatment of stormwater that will
infiltrate to groundwater and flow southwest to the Cedar River.
Overall Goal:
This project will help protect and restore water quality in Washington state by reducing stormwater impacts from
existing infrastructure and development.
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AGENDA ITEM #6. h)
Page 3 of 45State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00204
Monroe Avenue NE Infiltration Facility (Phase 2)
City of Renton
RECIPIENT INFORMATION
Organization Name:
Federal Tax ID:
UEI Number:UG2PSBS6UJJ3
Mailing Address:
Physical Address:
Contacts
City of Renton
91-6001271
Renton City Hall, 5th Floor, 1055 South Grady Way
Renton, WA 98057-3232
Renton City Hall, 5th Floor
1055 South Grady Way
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AGENDA ITEM #6. h)
Page 4 of 45State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00204
Monroe Avenue NE Infiltration Facility (Phase 2)
City of Renton
Kevin Evans
Surface Water Utility Engineer
Renton City Hall, 5th Floor
1055 South Grady Way
Renton, Washington 98057-3232
Email: krevans@rentonwa.gov
Phone: (425) 430-7264
Authorized
Signatory
Kevin Evans
Surface Water Utility Engineer
Renton City Hall, 5th Floor
1055 South Grady Way
Renton, Washington 98057-3232
Email: krevans@rentonwa.gov
Phone: (425) 430-7264
Billing Contact
Project Manager
Authorized
Signatory
Armondo Pavone
Mayor
Renton City Hall, 5th Floor
1055 South Grady Way
Renton, Washington 98057-3232
Email: apavone@rentonwa.gov
Phone: (425) 430-6500
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AGENDA ITEM #6. h)
Page 5 of 45State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00204
Monroe Avenue NE Infiltration Facility (Phase 2)
City of Renton
Contacts
Project
Manager
Financial
Manager
Technical
Advisor
Maricris Dela Rosa Phillips
PO Box 330316
Shoreline, Washington 98133-9716
Email: mphi461@ecy.wa.gov
Phone: (425) 367-1204
Jenna Schroer
Stormwater Project Specialist
PO Box 47600
Olympia, Washington 98504-7600
Email: schj461@ecy.wa.gov
Phone: (360) 522-3276
Doug Howie
Senior Stormwater Engineer
PO Box 47600
Olympia, Washington 98504-7600
Email: doho461@ecy.wa.gov
Phone: (360) 870-0983
ECOLOGY INFORMATION
Mailing Address:
Physical Address:
Department of Ecology
Water Quality
PO BOX 47600
Olympia, WA 98504-7600
Water Quality
300 Desmond Drive SE
Lacey, WA 98503
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AGENDA ITEM #6. h)
Page 6 of 45State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00204
Monroe Avenue NE Infiltration Facility (Phase 2)
City of Renton
AUTHORIZING SIGNATURES
RECIPIENT agrees to furnish the necessary personnel , equipment, materials, services, and otherwise do all things necessary
for or incidental to the performance of work as set forth in this Agreement .
RECIPIENT acknowledges that they had the opportunity to review the entire Agreement , including all the terms and conditions
of this Agreement, Scope of Work, attachments, and incorporated or referenced documents, as well as all applicable laws,
statutes, rules, regulations, and guidelines mentioned in this Agreement . Furthermore, the RECIPIENT has read, understood,
and accepts all requirements contained within this Agreement .
This Agreement contains 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 modifications or amendments to this agreement will be of any force or effect unless in writing , signed by
authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement . ECOLOGY and
RECIPIENT may change their respective staff contacts without the concurrence of either party .
This Agreement shall be subject to the written approval of Ecology’s authorized representative and shall not be binding until so
approved.
The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective
organizations to this Agreement.
Washington State
Department of Ecology
Water Quality
Date Date
City of Renton
Vincent McGowan, P.E.
Mayor
Armondo Pavone
By:By:
Template Approved to Form by
Attorney General's Office
Program Manager
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AGENDA ITEM #6. h)
Page 7 of 45State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00204
Monroe Avenue NE Infiltration Facility (Phase 2)
City of Renton
City Clerk Date
Jason A. Seth
City Attorney Date
Shane Moloney
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Page 8 of 45State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00204
Monroe Avenue NE Infiltration Facility (Phase 2)
City of Renton
SCOPE OF WORK
Task Number:1 Task Cost: $10,000.00
Task Title:Grant and Loan Administration
Task Description:
A. The RECIPIENT shall carry out all work necessary to meet ECOLOGY grant or loan administration requirements .
Responsibilities include, but are not limited to: Maintenance of project records; submittal of requests for reimbursement and
corresponding backup documentation; progress reports; and the EAGL (Ecology Administration of Grants and Loans)
recipient closeout report (including photos, if applicable). In the event that the RECIPIENT elects to use a contractor to
complete project elements, the RECIPIENT shall retain responsibility for the oversight and management of this funding
agreement.
B. The RECIPIENT shall keep documentation that demonstrates the project is in compliance with applicable procurement ,
contracting, and interlocal agreement requirements; permitting requirements, including application for, receipt of, and
compliance with all required permits, licenses, easements, or property rights necessary for the project; and submittal of required
performance items. This documentation shall be available upon request.
C. The RECIPIENT shall maintain effective communication with ECOLOGY and maintain up -to-date staff contact information
in the EAGL system. The RECIPIENT shall carry out this project in accordance with any completion dates outlined in this
agreement.
Task Goal Statement:
Properly managed and fully documented project that meets ECOLOGY’s grant or loan administrative requirements .
Task Expected Outcome:
* Timely and complete submittal of requests for reimbursement , quarterly progress reports, Recipient Closeout Report, and
two-page outcome summary report.
* Properly maintained project documentation.
Deliverables
Grant and Loan Administration
Number Description Due Date
1.1 Progress Reports that include descriptions of work accomplished, project
challenges or changes in the project schedule. Submitted at least quarterly.
1.2 Recipient Closeout Report (EAGL Form)
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Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00204
Monroe Avenue NE Infiltration Facility (Phase 2)
City of Renton
SCOPE OF WORK
Task Number:2 Task Cost: $0.00
Task Title:Cultural and Environmental Review, and Permitting
Task Description:
The RECIPIENT must ensure the following items are completed and provide the associated deliverables to ECOLOGY . The
RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance .
A.The RECIPIENT will submit the documents listed below to initiate ECOLOGY’s cultural resources review . Property
acquisition and above and below ground activities proposed at any project site must be reviewed by ECOLOGY for potential
affects to cultural resources.
The RECIPIENT must receive written notice from ECOLOGY prior to proceeding with work . Examples of work may include
(but are not limited to) geotechnical work, acquisition, site prep work, and BMP installations. Work done prior to written
notice to proceed shall not be eligible for reimbursement.
To initiate cultural resources review:
1.The RECIPIENT will submit the Cultural Resources Review Form to ECOLOGY, using the ECOLOGY template. Any
supporting materials must conform to the Department of Archeology and Historic Preservation’s (DAHP) Washington State
Standards for Cultural Resource Reporting. The Cultural Resources Review Form template may be found on the ECOLOGY
website.
2.The RECIPIENT will submit an Inadvertent Discovery Plan (IDP) to ECOLOGY, using the ECOLOGY template. The
RECIPIENT will ensure that all contractors and subcontractors have a copy of the completed IDP prior to and while working
on-site. The IDP template may be found on the ECOLOGY website.
B.The RECIPIENT will submit the State Environmental Policy Act (SEPA) checklist for ECOLOGY project manager review
and notify the ECOLOGY project manager when the official comment period begins . The RECIPIENT will also upload the
final SEPA determination.
C.The RECIPIENT is responsible for application of, receipt of, and compliance with all required local, state, tribal, and
federal permits, licenses, easements, or property rights necessary for the project.
Task Goal Statement:
The RECIPIENT will complete all cultural and environmental reviews and permitting tasks in a timely manner .
Task Expected Outcome:
The project will meet the requirements set forth by the cultural resource protection requirements, State Environmental Policy
Act, and all other applicable federal, state, and local laws, and regulations.
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Page 10 of 45State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00204
Monroe Avenue NE Infiltration Facility (Phase 2)
City of Renton
Deliverables
Cultural and Environmental Review, and Permitting
Number Description Due Date
2.1 ECOLOGY Cultural Resources Review Form.
Email the form and any supplemental cultural resources documentation directly
to the ECOLOGY Project Manager. DO NOT upload the cultural resources
form or documentation to EAGL.
2.2 ECOLOGY Inadvertent Discovery Plan (IDP).
Email the form directly to the ECOLOGY Project Manager for review .
Upload to EAGL once review is complete.
2.3 SEPA Checklist.
Upload the checklist, or other documentation for projects considered exempt
from SEPA review, to EAGL and notify ECOLOGY when official comment
period begins.
2.4 Final SEPA Determination.
Upload to EAGL and notify ECOLOGY.
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Page 11 of 45State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00204
Monroe Avenue NE Infiltration Facility (Phase 2)
City of Renton
SCOPE OF WORK
Task Number:3 Task Cost: $0.00
Task Title:Design Plans and Specifications
Task Description:
The RECIPIENT must ensure the following items are completed and provide the associated deliverables to ECOLOGY . The
RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance .
The RECIPIENT will develop a stormwater project design. The design submittals must conform to the Deliverables for
Stormwater Projects with Ecology Funding Document. Projects must be designed in accordance with the Stormwater
Management Manual for Eastern Washington , Stormwater Management Manual for Western Washington , or equivalent
manual. Refer to the ECOLOGY website for specific guidance . Project must be reviewed and accepted in writing by
ECOLOGY to be eligible for reimbursement.
The RECIPIENT will upload the design submittals listed below to EAGL for ECOLOGY review. Reduce design figures to
11x17 inches in size and ensure they are legible.
A.The RECIPIENT will submit a Design Report to ECOLOGY for review and acceptance . Allow 45 calendar days for
ECOLOGY review.
The RECIPIENT agrees to respond to ECOLOGY comments. The RECIPIENT must receive an Ecology Design Report
Acceptance Letter prior to proceeding to 90 Percent Design.
1.The RECIPIENT will calculate and submit a preliminary equivalent new/re-development area for the completed design
using the methods outlined in the Stormwater Deliverables Document.
B.The RECIPIENT will submit a 90 Percent Design Package to ECOLOGY for review and acceptance . At a minimum, this
package must include 90 percent plans, specifications, engineer’s opinion of cost including a schedule of eligible costs , and
project construction schedule. The current required bid inserts and specifications may be found on the Ecology website. Allow
45 calendar days for ECOLOGY review.
The RECIPIENT agrees to respond to ECOLOGY comments. The RECIPIENT must receive an Ecology 90 Percent Design
Acceptance Letter prior to proceeding to Final Bid Package.
C.The RECIPIENT will submit a Final Bid Package to ECOLOGY for review and acceptance prior to advertising the
project. The Final Bid Package includes: project plans, specifications, engineer’s opinion of cost including a schedule of eligible
costs, and project construction schedule. Allow 15 calendar days for ECOLOGY review.
The RECIPIENT agrees to respond to ECOLOGY comments. The RECIPIENT must receive an Ecology Final Bid Package
Acceptance Letter prior to advertising the project.
Task Goal Statement:
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Page 12 of 45State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00204
Monroe Avenue NE Infiltration Facility (Phase 2)
City of Renton
The RECIPIENT will complete all design tasks and respond to ECOLOGY comments in a timely manner .
Task Expected Outcome:
The project will meet the requirements set forth by ECOLOGY water quality facility design standards and all other applicable
federal, state, and local laws, and regulations.
Deliverables
Design Plans and Specifications
Number Description Due Date
3.1 Contract documents, if procuring services for design. The contract must
include ECOLOGY’s standard contract clauses and/or specification insert.
Upload to EAGL and notify ECOLOGY.
3.2 Design Report.
Upload to EAGL and notify ECOLOGY.
3.3 Responses to ECOLOGY Design Report comments .
Upload to EAGL and notify ECOLOGY.
3.4 ECOLOGY Design Report Acceptance Letter .
Upload to EAGL and notify ECOLOGY.
3.5 90 Percent Design Package.
Upload to EAGL and notify ECOLOGY.
3.6 Responses to ECOLOGY 90 Percent Design Package comments.
Upload to EAGL and notify ECOLOGY.
3.7 ECOLOGY 90 Percent Design Acceptance Letter .
Upload to EAGL and notify ECOLOGY.
3.8 Final Bid Package.
Upload to EAGL and notify ECOLOGY.
3.9 Responses to ECOLOGY Final Bid Package comments.
Upload to EAGL and notify ECOLOGY.
3.10 Ecology Final Bid Package Acceptance Letter.
Upload to EAGL and notify ECOLOGY.
3.11 Bid Documents (e.g. bid announcement, bid tabulations, and bid award).
Upload to EAGL and notify ECOLOGY.
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Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00204
Monroe Avenue NE Infiltration Facility (Phase 2)
City of Renton
SCOPE OF WORK
Task Number:4 Task Cost: $100,000.00
Task Title:Construction Management
Task Description:
The RECIPIENT must ensure the following items are completed and provide the associated deliverables to ECOLOGY . The
RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance .
A.The RECIPIENT will provide construction oversight and management of the project .
B.The RECIPIENT will submit a detailed Construction Quality Assurance Plan (CQAP) to ECOLOGY for review and
acceptance before the start of construction. This plan must describe how the RECIPIENT will perform adequate and
competent construction oversight. Guidance for CQAP development is located in the Design Deliverables Document available
on the ECOLOGY website. Allow 15 calendar days for ECOLOGY review .
C.The RECIPIENT will conduct a pre-construction conference meeting and invite ECOLOGY to attend .
D.The RECIPIENT will submit a project schedule prior to the start of construction and whenever major changes occur .
E.Prior to execution, the RECIPIENT will submit to ECOLOGY any eligible change orders that deviate from
ECOLOGY-accepted plans and specifications. ECOLOGY must review and accept all change orders that affect grant eligible
activities prior to implementation. Allow 10 calendar days for ECOLOGY review.
Task Goal Statement:
The RECIPIENT will oversee and manage construction , communicate with ECOLOGY in a timely fashion, and provide
ECOLOGY with all requested project documentation.
Task Expected Outcome:
The project will be constructed on schedule and in accordance with accepted plans.
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Page 14 of 45State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00204
Monroe Avenue NE Infiltration Facility (Phase 2)
City of Renton
Deliverables
Construction Management
Number Description Due Date
4.1 Construction Quality Assurance Plan.
Upload to EAGL and notify ECOLOGY. Upload ECOLOGY acceptance
documentation.
4.2 Pre-Construction Conference Meeting Minutes.
Upload to EAGL and notify ECOLOGY.
4.3 Project Schedule.
Submit prior to construction and when changes occur. Upload to EAGL and
notify ECOLOGY.
4.4 Change Order(s).
Upload to EAGL and notify ECOLOGY. Upload ECOLOGY acceptance
documentation.
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Page 15 of 45State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00204
Monroe Avenue NE Infiltration Facility (Phase 2)
City of Renton
SCOPE OF WORK
Task Number:5 Task Cost: $9,233,000.00
Task Title:Construction (Phase 2)
Task Description:
The RECIPIENT must ensure the following items are completed and provide the associated deliverables to ECOLOGY . The
RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance .
A.The RECIPIENT will complete construction of the project in accordance with ECOLOGY -accepted plans and
specifications. Phase 2 of the construction project will include installation of a StormTech chamber gallery , Boxless Biopod
water quality treatment vault, hydrodynamic separator, and stormwater conveyance system to mitigate runoff from
approximately 127 acres of pollution-generating impervious surfaces.
B.Stormwater Construction Completion Form signed by a professional engineer indicating that the project was completed in
accordance with the plans and specifications, and major change orders approved by ECOLOGY’s Project Engineer and
shown on the Record Drawings. The Stormwater Construction Completion Form can be found on the ECOLOGY website .
Task Goal Statement:
Construction of the project in accordance with ECOLOGY-accepted plans and specifications.
Task Expected Outcome:
Constructed project will provide water quality benefits including reductions in total suspended solids (TSS), dissolved copper,
dissolved zinc, and total phosphorus.
Deliverables
Construction (Phase 2)
Number Description Due Date
5.1 Signed and dated construction contract.
Upload to EAGL and notify ECOLOGY.
5.2 Stormwater Construction Completion Form.
Upload to EAGL and notify ECOLOGY.
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Page 16 of 45State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00204
Monroe Avenue NE Infiltration Facility (Phase 2)
City of Renton
SCOPE OF WORK
Task Number:6 Task Cost: $10,000.00
Task Title:Project Close Out
Task Description:
The RECIPIENT must ensure the following items are completed and provide the associated deliverables to ECOLOGY . The
RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance .
A.The RECIPIENT will operate and maintain the constructed facility for the design life of the facility . The RECIPIENT will
develop and submit an Operations and Maintenance (O&M) plan for all facilities constructed with ECOLOGY funding to
ECOLOGY for review. The O&M plan must address long-term activities to assure ongoing pollutant removal and flow-control
capability of the project in accordance with the design manual. O&M plan development guidance is located in the Deliverables
Document available on the ECOLOGY website . Allow 15 calendar days for ECOLOGY review.
B.The RECIPIENT will submit a final GIS compatible project area as a shapefile , geodatabase file, or ECOLOGY-accepted
equivalent. The project area should include polygon features for stormwater facilities and contributing areas.
C.The RECIPIENT will submit the Recipient Close Out Report (RCOR) in EAGL in accordance with Task 1.
D.The RECIPIENT will submit an Outcomes Summary using the ECOLOGY template .
E.The RECIPIENT will calculate and submit a final equivalent new/re-development area for the completed retrofit project(s)
using the methods outlined in the Stormwater Deliverables Document. Include a table showing the final equivalent
new/re-development area compared to the area provided in the ECOLOGY-accepted Design Report.
Task Goal Statement:
The RECIPIENT will complete all close out submittals in a timely manner.
Task Expected Outcome:
* Timely and complete submittal of O&M plan, equivalent area calculation, GIS, Recipient Closeout Report, and Outcomes
Summary.
* Proper maintenance of the constructed facility to maintain water quality benefits.
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Page 17 of 45State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00204
Monroe Avenue NE Infiltration Facility (Phase 2)
City of Renton
Deliverables
Project Close Out
Number Description Due Date
6.1 Facility Operation and Maintenance Plan.
Upload to EAGL and notify ECOLOGY. Upload ECOLOGY acceptance
documentation.
6.2 Project area shapefile, geodatabase file, or ECOLOGY-accepted equivalent.
Upload to EAGL and notify ECOLOGY. Upload ECOLOGY acceptance
documentation.
6.3 Outcomes Summary. Upload to EAGL and notify ECOLOGY.
6.4 Final, as constructed, equivalent new/redevelopment area determination.
Upload to EAGL and notify ECOLOGY.
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Page 18 of 45State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00204
Monroe Avenue NE Infiltration Facility (Phase 2)
City of Renton
BUDGET
Funding Distribution EG240169
NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment
remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple
funding distribution numbers to identify each budget.
Title:
State
SFAP-SFY24
100%
Environmental Legacy Stewarship Account (ELSA) - State
Type:
Funding Source %:
Description:
FDFund:
Approved Indirect Costs Rate:
Recipient Match %:
InKind Interlocal Allowed:
InKind Other Allowed:
Is this Funding Distribution used to match a federal grant? No
Approved State Indirect Rate: 0%
15%
No
No
Funding Title:
Funding Source:
Funding Expiration Date:
Funding Type:
Funding Effective Date:
SFAP
07/01/2023 12/31/2025
Grant
SFAP Task Total
Grant and Loan Administration 10,000.00$
Cultural and Environmental Review, and Permitting 0.00$
Design Plans and Specifications 0.00$
Construction Management 100,000.00$
Construction (Phase 2)9,233,000.00$
Project Close Out 10,000.00$
9,353,000.00$Total:
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Page 19 of 45State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00204
Monroe Avenue NE Infiltration Facility (Phase 2)
City of Renton
Funding Distribution Summary
Recipient / Ecology Share
Recipient Share Ecology Share TotalRecipient Match %Funding Distribution Name
$$$%7,950,050.00 9,353,000.001,402,950.0015.00SFAP
Total $$1,402,950.00 7,950,050.00 $9,353,000.00
AGREEMENT SPECIFIC TERMS AND CONDITIONS
N/A
SPECIAL TERMS AND CONDITIONS
WQC-2024—Water Quality Program Special Terms and Conditions (Update June 2023)
SECTION 1: DEFINITIONS
Unless otherwise provided, the following terms will have the respective meanings for all purposes of this agreement:
“Administration Charge” means a charge established in accordance with Chapter 90.50A RCW and Chapter 173-98 WAC,
to be used to pay Ecology’s cost to administer the State Revolving Fund by placing a percentage of the interest earned in an
Administrative Charge Account .
“Administrative Requirements” means the effective edition of ECOLOGY 's Administrative Requirements for Recipients of
Ecology Grants and Loans at the signing of this agreement.
“Annual Debt Service” for any calendar year means for any applicable bonds or loans including the loan, all interest plus all
principal due on such bonds or loans in such year.
“Average Annual Debt Service” means , at the time of calculation, the sum of the Annual Debt Service for the remaining years
of the loan to the last scheduled maturity of the loan divided by the number of those years.
“Accrued Interest” means the interest incurred as loan funds are disbursed.
“Acquisition” means the purchase or receipt of a donation of fee or less than fee interests in real property. These interests
include, but are not limited to, conservation easements, access/trail easements, covenants, water rights, leases, and mineral
rights.
“Build American Buy American (BABA)” means a portion of the Infrastructure Investment and Jobs Act and establishes a
domestic content procurement preference for all Federal financial assistance obligated for infrastructure projects after May 14,
2022.
“Bipartisan Infrastructure Law (BIL)” means funding to improve drinking water, wastewater and stormwater infrastructure.
“Centennial Clean Water Program” means the state program funded from various state sources .
“Contract Documents” means the contract between the RECIPIENT and the construction contractor for construction of the
project.
“Construction Materials” means an article, material, or supply (other than an item of primarily iron or steel; a manufactured
product; cement and cementitious materials; aggregates such as stone, sand, or gravel; aggregate binding agents or additives;
or non-permanent products) that is or consists primarily of, non-ferrous metals, plastic and polymer-based products (including
polyvinylchloride, composite building materials, and polymers used in fiber optic cables), (including optic glass), lumber, and
drywall.
“Cost Effective Analysis” means a comparison of the relative cost -efficiencies of two or more potential ways of solving a water
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Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00204
Monroe Avenue NE Infiltration Facility (Phase 2)
City of Renton
quality problem as described in Chapter 173-98-730 WAC.
“Davis Bacon Prevailing Wage Act” means the federal law mandating on -site workers on public works projects be paid
certain wages, benefits, and overtime (also known as “prevailing wage” on all government-funded construction, alteration, and
repair projects.
“Defease” or “Defeasance” means the setting aside in escrow or other special fund or account of sufficient investments and
money dedicated to pay all principal of and interest on all or a portion of an obligation as it comes due.
“Effective Date” means the earliest date on which eligible costs may be incurred .
“Effective Interest Rate” means the total interest rate established by Ecology that includes the Administrative Charge .
“Estimated Loan Amount” means the initial amount of funds loaned to the RECIPIENT .
“Estimated Loan Repayment Schedule” means the schedule of loan repayments over the term of the loan based on the
Estimated Loan Amount and the estimated schedule for completion of the project .
“Equivalency” means the amount of State Revolving Fund (SRF) funding each funding cycle equivalent to the EPA grant to
Ecology.
“Equivalency Project” means State Revolving Fund (SRF) funded project(s) designated by ECOLOGY to receive federal
funding and meet additional federal requirements.
“Expiration Date” means the latest date on which eligible costs may be incurred.
“Final Accrued Interest” means the interest accrued beginning with the first disbursement of funds to the RECIPIENT through
such time as the loan is officially closed out and a final loan repayment schedule is issued .
“Final Loan Amount” means all principal of and accrued interest on the loan from the Project Start Date through the Project
Completion Date.
“Final Loan Repayment Schedule” means the schedule of loan repayments over the term of the loan based on the Final Loan
Amount and the initiation of operation or completion date, whichever comes first.
“Forgivable Principal” means the portion of a loan that is not required to be paid back by the borrower .
“General Obligation Debt” means an obligation of the RECIPIENT secured by annual ad valorem taxes levied by the
RECIPIENT and by the full faith, credit, and resources of the RECIPIENT.
“General Obligation Payable from Special Assessments Debt” means an obligation of the RECIPIENT secured by a valid
general obligation of the Recipient payable from special assessments to be imposed within the constitutional and statutory tax
limitations provided by law without a vote of the electors of the RECIPIENT on all the taxable property within the boundaries
of the RECIPIENT.
“Gross Revenue” means all of the earnings and revenues received by the RECIPIENT from the maintenance and operation of
the Utility and all earnings from the investment of money on deposit in the Loan Fund, except (i) Utility Local Improvement
Districts (ULID) Assessments, (ii) government grants, (iii) RECIPIENT taxes, (iv) principal proceeds of bonds and other
obligations, or (v) earnings or proceeds (A) from any investments in a trust, Defeasance, or escrow fund created to Defease or
refund Utility obligations or (B) in an obligation redemption fund or account other than the Loan Fund until commingled with
other earnings and revenues of the Utility or (C) held in a special account for the purpose of paying a rebate to the United
States Government under the Internal Revenue Code.
“Guidelines” means the ECOLOGY's Funding Guidelines that that correlate to the State Fiscal Year in which the project is
funded.
“Initiation of Operation Date” means the actual date the facility financed with proceeds of the loan begins to operate for its
intended purpose. (For loans only)
“Iron and Steel Products” means products made primarily of iron or steel including but may not be limited to: lined or unlined
pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves,
structural steel, reinforced precast concrete, and construction materials.
“Loan” means the Washington State Water Pollution Control Revolving Fund Loan or Centennial Clean Water Fund
(Centennial) Loan made pursuant to this loan agreement.
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Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00204
Monroe Avenue NE Infiltration Facility (Phase 2)
City of Renton
“Loan Amount” means either an Estimated Loan Amount or a Final Loan Amount , as applicable.
“Loan Fund” means the special fund created by the RECIPIENT for the repayment of the principal of and interest on the loan .
“Loan Security” means the mechanism by which the RECIPIENT pledges to repay the loan .
“Loan Term” means the repayment period of the loan .
“Maintenance and Operation Expense” means all reasonable expenses incurred by the RECIPIENT in causing the Utility to be
operated and maintained in good repair, working order, and condition including payments to other parties, but will not include
any depreciation or RECIPIENT levied taxes or payments to the RECIPIENT in lieu of taxes .
“Manufactured Products” means, items and construction materials composed in whole or in part of non-ferrous metals such as
aluminum plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concreate; glass, including
optical fiber; and lumber.
“Produced in the United States” means for iron and steel products, that all manufacturing processes, from the initial melting
state through the application of coatings, occurred in the Untied States.
“Net Revenue” means the Gross Revenue less the Maintenance and Operation Expense.
“Original Engineer’s Estimate” means the engineer’s estimate of construction costs included with bid documents .
“Prevailing Wage” means hourly wage, usual benefits, and overtime paid in the largest city in each county , to the majority of
workers, laborers, and mechanics performing the same work. The rate is established separately for each county.
“Principal and Interest Account” means , for a loan that constitutes Revenue-Secured Debt, the account created in the loan fund
to be first used to repay the principal of and interest on the loan.
“Project” means the project described in this agreement.
“Project Completion Date” means the date specified in the agreement on which the Scope of Work will be fully completed and
is the last day eligible costs can be incurred. This term is only used in loan agreements.
“Project Schedule” means that schedule for the project specified in the agreement.
“Revenue-Secured Debt” means an obligation of the RECIPIENT secured by a pledge of the revenue of a utility and one not a
general obligation of the RECIPIENT.
“Reserve Account” means , for a loan that constitutes a Revenue Secured Debt and if specifically identified as a term and
condition of the funding agreement, the account of that name created in the loan fund to secure the payment of the principal of
and interest on the loan.
“Risk-Based Determination” means an approach to sub-recipient monitoring and oversight based on risk factors associated to
a RECIPIENT or project.
“Scope of Work” means the tasks and activities constituting the project .
“Section 319” means the section of the Clean Water Act that provides funding to address nonpoint sources of water pollution .
“Senior Lien Obligations” means all revenue bonds and other obligations of the RECIPIENT outstanding on the date of
execution of this loan agreement (or subsequently issued on a parity therewith, including refunding obligations) or issued after
the date of execution of this loan agreement having a claim or lien on the Gross Revenue of the Utility prior and superior to the
claim or lien of the loan, subject only to Maintenance and Operation Expense.
“State Water Pollution Control Revolving Fund (Revolving Fund)” means the water pollution control revolving fund established
by Chapter 90.50A.020 RCW.
“Termination Date” means the effective date of ECOLOGY’s termination of the agreement .
“Termination Payment Date” means the date on which the RECIPIENT is required to repay to ECOLOGY any outstanding
balance of the loan and all accrued interest.
“Total Eligible Project Cost” means the sum of all costs associated with a water quality project that have been determined to
be eligible for ECOLOGY grant or loan funding, including any required recipient match.
“Total Project Cost” means the sum of all costs associated with a water quality project , including costs that are not eligible for
ECOLOGY grant or loan funding.
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AGENDA ITEM #6. h)
Page 22 of 45State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00204
Monroe Avenue NE Infiltration Facility (Phase 2)
City of Renton
“Unique Entity Identity Identifier (UEI)” means a 12-character alphanumeric ID assigned by SAM.gov. to an entity doing
business with or receiving funds from the federal government. This number replaces the DUNS number.
“ULID” means any utility local improvement district of the RECIPIENT created for the acquisition or construction of additions
to and extensions and betterments of the Utility.
“ULID Assessments” means all assessments levied and collected in any ULID . Such assessments are pledged to be paid into
the Loan Fund (less any prepaid assessments permitted by law to be paid into a construction fund or account). ULID
Assessments will include principal installments and any interest or penalties which may be due.
“Utility” means the sewer system, stormwater system, or the combined water and sewer system of the RECIPIENT, the Net
Revenue of which is pledged to pay and secure the loan.
SECTION 2: CONDITIONS APPLY TO ALL RECIPIENTS OF WATER QUALITY COMBINED FINANCIAL
ASSISTANCE FUNDING.
The Water Quality Financial Assistance Funding Guidelines are included in this agreement by reference and are available on
ECOLOGY’s Water Quality Program website.
A. Accounting Standards: The RECIPIENT shall maintain accurate records and accounts for the project (PROJECT Records)
in accordance with Generally Accepted Accounting Principles (GAAP) as issued by the Governmental Accounting Standards
Board (GASB), including standards related to the reporting of infrastructure assets or in accordance with the standards in
Chapter 43.09.200 RCW “Local Government Accounting – Uniform System of Accounting .”
B. Architectural and Engineering Services: The RECIPIENT certifies by signing this agreement that the requirements of
Chapter 39.80 RCW, “Contracts for Architectural and Engineering Services ,” have been, or shall be, met in procuring
qualified architectural/engineering services. The RECIPIENT shall identify and separate eligible and ineligible costs in the final
architectural/engineering services contract and submit a copy of the contract to ECOLOGY.
C. Acquisition: The following provisions shall be in force only if the project described in this agreement is an acquisition project:
a. Evidence of Land Value and Title. The RECIPIENT shall submit documentation of the cost of the property rights and the
type of ownership interest that has been acquired.
b. Legal Description of Real Property Rights Acquired . The legal description of the real property rights purchased with funding
assistance provided through this agreement (and protected by a recorded conveyance of rights to the State of Washington )
shall be incorporated into the agreement before final payment.
c. Conveyance of Rights to the State of Washington. Upon purchase of real property rights (both fee simple and lesser
interests), the RECIPIENT shall execute the document necessary to convey certain rights and responsibilities to ECOLOGY ,
on behalf of the State of Washington . The documents required will depend on the project type, the real property rights being
acquired, and whether or not those rights are being acquired in perpetuity (see options below). The RECIPIENT shall use
language provided by ECOLOGY, to record the executed document in the County where the real property lies, and to
provide a copy of the recorded document to ECOLOGY.
Documentation Options:
1. Deed of Right. The Deed of Right conveys to the people of the state of Washington the right to preserve , protect, and/or
use the property for public purposes consistent with the fund source. RECIPIENTs shall use this document when acquiring real
property rights that include the underlying land. This document may also be applicable for those easements where the
RECIPIENT has acquired a perpetual easement for public purposes . The RECIPIENT must obtain ECOLOGY approval on
the draft language prior to executing the deed of right.
2. Assignment of Rights. The Assignment of Rights document transfers certain rights such as access and enforcement to
ECOLOGY. The RECIPIENT shall use this document when an easement or lease is being acquired for water quality and
habitat conservation. The Assignment of Rights requires the signature of the underlying landowner and must be incorporated by
reference in the easement document.
3. Easements and Leases. The RECIPIENT may incorporate required language from the Deed of Right or Assignment of
Rights directly into the easement or lease document, thereby eliminating the requirement for a separate document. Language
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Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00204
Monroe Avenue NE Infiltration Facility (Phase 2)
City of Renton
will depend on the situation; therefore, the RECIPIENT must obtain ECOLOGY approval on the draft language prior to
executing the easement or lease.
d. Real Property Acquisition and Relocation Assistance.
1. Federal Acquisition Policies. See Section 4 of this agreement for requirements specific to Section 319 and SRF funded
projects.
2. State Acquisition Policies. When state funds are part of this agreement, the RECIPIENT agrees to comply with the terms
and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policy of the State of Washington , Chapter
8.26 RCW, and Chapter 468-100 WAC.
3. Housing and Relocation. In the event that housing and relocation costs, as required by federal law set out in subsection (1)
above and/or state law set out in subsection (2) above, are involved in the execution of this project, the RECIPIENT agrees to
provide any housing and relocation assistance required.
e. Hazardous Substances.
1. Certification. The RECIPIENT shall inspect, investigate, and conduct an environmental audit of the proposed acquisition site
for the presence of hazardous substances, as defined in RCW 70.105D.020(10), and certify:
i. No hazardous substances were found on the site, or
ii. Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and federal laws,
and the site is deemed “clean.”
2. Responsibility. Nothing in this provision alters the RECIPIENT's duties and liabilities regarding hazardous substances as set
forth in RCW 70.105D.
3. Hold Harmless. The RECIPIENT will defend, protect and hold harmless ECOLOGY and any and all of its employees
and/or agents, from and against any and all liability, cost (including but not limited to all costs of defense and attorneys' fees)
and any and all loss of any nature from any and all claims or suits resulting from the presence of, or the release or threatened
release of, hazardous substances on the property the RECIPIENT is acquiring .
f. Restriction On Conversion Of Real Property And/Or Facilities To Other Uses
The RECIPIENT shall not at any time convert any real property (including any interest therein) or facility acquired, developed,
maintained, renovated, and/or restored pursuant to this agreement to uses other than those purposes for which funds were
approved without prior approval of ECOLOGY. For acquisition projects that are term limited, such as one involving a lease or
a term-limited restoration, renovation or development project or easement, this restriction on conversion shall apply only for
the length of the term, unless otherwise provided in written documents or required by applicable state or federal law. In such
case, the restriction applies to such projects for the length of the term specified by the lease, easement, deed, or landowner
agreement.
D. Best Management Practices (BMP) Implementation: If the RECIPIENT installs BMPs that are not approved by
ECOLOGY prior to installation, the RECIPIENT assumes the risk that part or all of the reimbursement for that activity may be
delayed or ineligible. For more details regarding BMP Implementation, please reference the Water Quality Financial
Assistance Funding Guidelines available on ECOLOGY’s Water Quality Program funding website .
E. Electronic Fund Transfers: Payment will be issued through Washington State’s Office of Financial Management’s Statewide
Payee Desk. To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form
and an IRS W-9 form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about
the vendor registration process or electronic fund transfers, you can contact Statewide Payee Help Desk at (360) 407-8180
or email PayeeRegistration@ofm.wa.gov.
F. Equipment Purchase: Equipment purchases over $5,000 and not included in the scope of work or the Ecology approved
construction plans and specifications, must be pre-approved by ECOLOGY’s project manager before purchase . All
equipment purchases over $5,000 and not included in a contract for work being completed on the funded project, must also
be reported on the Equipment Purchase Report in EAGL.
G. Funding Recognition: The RECIPIENT must inform the public about any ECOLOGY or EPA funding participation in this
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Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00204
Monroe Avenue NE Infiltration Facility (Phase 2)
City of Renton
project through the use of project signs, acknowledgement in published materials, reports, the news media, websites, or other
public announcements. Projects addressing site-specific locations must utilize appropriately sized and weather-resistant signs.
Contact your Ecology Project Team to determine the appropriate recognition for your project .
H. Growth Management Planning: The RECIPIENT certifies by signing this agreement that it is in compliance with the
requirements of Chapter 36.70A RCW, “Growth Management Planning by Selected Counties and Cities.” If the status of
compliance changes, either through RECIPIENT or legislative action, the RECIPIENT shall notify ECOLOGY in writing of
this change within 30 days.
I. Interlocal: The RECIPIENT certifies by signing this agreement that all negotiated interlocal agreements necessary for the
project are, or shall be, consistent with the terms of this agreement and Chapter 39.34 RCW, “Interlocal Cooperation Act.”
The RECIPIENT shall submit a copy of each interlocal agreement necessary for the project to ECOLOGY upon request .
J. Lobbying and Litigation: Costs incurred for the purposes of lobbying or litigation are not eligible for funding under this
agreement.
K. Post Project Assessment Survey: The RECIPIENT agrees to participate in 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 approximately
three years after project completion. A representative from ECOLOGY’s Water Quality Program may contact the
RECIPIENT to request this data. ECOLOGY may also conduct site interviews and inspections , and may otherwise evaluate
the project, as part of this assessment.
L. Project Status Evaluation: ECOLOGY may evaluate the status at any time. ECOLOGY’s Project Manager and Financial
Manager will meet with the RECIPIENT to review spending trends , completion of outcome measures, and overall project
administration and performance. If the RECIPIENT fails to make satisfactory progress toward achieving project outcomes ,
ECOLOGY may change the scope of work, reduce grant funds, or increase oversight measures.
M. Technical Assistance: Technical assistance for agriculture activities provided under the terms of this agreement shall be
consistent with the current U.S. Natural Resource Conservation Service (“NRCS”) Field Office Technical Guide for
Washington State and specific requirements outlined in the Water Quality Funding Guidelines . Technical assistance, proposed
practices, or project designs that do not meet these standards may be eligible if approved in writing by ECOLOGY.
SECTION 3: CONDITIONS APPLY TO SECTION 319 AND CENTENNIAL CLEAN WATER FUNDED PROJECTS
BEING USED TO MATCH SECTION 319 FUNDS.
The RECIPIENT must submit the following documents to ECOLOGY before this agreement is signed by ECOLOGY :
1. Federal Funding Accountability and Transparency Act (FFATA) Form is available on the Water Quality Program website
and must be completed and submitted to Ecology. (This form is used for Section 319 (federal) funds only)
2. “Section 319 Initial Data Reporting” form must be completed in EAGL.
A. Data Reporting: The RECIPIENT must complete the “Section 319 Initial Data Reporting” form in EAGL before this
agreement can be signed by Ecology. This form is used to gather general information about the project for EPA .
B. Funding Recognition and Outreach: In addition to Section 2.F. of these Special Terms and Conditions, the RECIPIENT
shall provide signage that informs the public that the project is funded by EPA . The signage shall contain the EPA logo and
follow usage requirements available at http://www2.epa.gov/stylebook/using-epa-seal-and-logo. To obtain the appropriate
EPA logo or seal graphic file, the RECIPIENT may send a request to their Ecology Financial Manager.
To increase public awareness of projects serving communities where English is not the predominant language , RECIPIENTS
are encouraged to provide their outreach strategies communication in non-English languages. Translation costs for this purpose
are allowable, provided the costs are reasonable. (Applies to both the Section 319 funded projects and the Centennial match
projects)
The RECIPIENT shall use the following paragraph in all reports, documents, and signage developed under this agreement:
(Applies to Section 319 funded projects only)
“This project has been funded wholly or in part by the United States Environmental Protection Agency under an assistance
agreement to the Washington State Department of Ecology . The contents of this document do not necessarily reflect the views
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Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00204
Monroe Avenue NE Infiltration Facility (Phase 2)
City of Renton
and policies of the Environmental Protection Agency , nor does the mention of trade names or commercial products constitute
endorsement or recommendation for use.”
C. Load Reduction Reporting: The RECIPIENT shall complete the “Section 319 Annual Load Reduction Reporting” form in
EAGL by January 15 of each year and at project close-out. ECOLOGY may hold reimbursements until the RECIPIENT has
completed the form. This form is used to gather information on best management practices (BMPs) installed and associated
pollutant load reductions that were funded as a part of this project.
D. Time Extension: The RECIPIENT may request a one-time extension for up to 12 months. However, the time extension
cannot exceed the time limitation established in EPA’s assistance agreement . In the event a time extension is requested and
approved by ECOLOGY, the RECIPIENT must complete all eligible work performed under this agreement by the expiration
date. (For Section 319 funded projects only)
SECTION 4: CONDITIONS APPLY TO ALL FEDERAL FUNDING AGREEMENTS, INCLUDING SECTION 319,
State Revolving Fund (SRF) Equivalency Projects, and SEWER OVERFLOW AND STORMWATER REUSE
MUNICIPAL GRANT (OSG)
A. Acquisitions: RECIPIENTs shall comply with the terms and conditions of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, 84 Stat. 1894 (1970)--Public Law 91-646, as amended by the Surface
Transportation and Uniform Relocation Assistance Act , PL 100-17-1987, and applicable regulations and procedures of the
federal agency implementing that Act.
B. Audit Requirements: In accordance with 2 CFR 200.501(a), the RECIPIENT agrees to obtain a single audit from an
independent auditor, if their organization expends $750,000 or more in total Federal funds in their fiscal year. The
RECIPIENT must submit the form SF-SAC and a Single Audit Report Package within 9 months of the end of the fiscal year
or 30 days after receiving the report from an independent auditor. The SF-SAC and a Single Audit Report Package MUST be
submitted using the Federal Audit Clearinghouse’s Internet Data Entry System available at : https://facweb.census.gov/.
C. Archaeological Resources and Historic Properties (Section 106): This requires completion of the Ecology Cultural
Resources Review Form, coordination with Ecology Cultural Resources staff , and receipt of the Ecology Final Determination
prior to any property acquisition and above and below ground disturbing activities.
D. Architectural and Engineering Services Procurement: The RECIPIENT must procure architectural and engineering services
in accordance with the federal requirements in Chapter 11 of Title 40, U.S.C. (see
https://uscode.house.gov/view.xhtml?path=/prelim@title40/subtitle1/chapter 11&edition=prelim).
E Build America, Buy America (BABA – Pub. L. No. 117-58, 70901-52) (Federally funded SRF Equivalency projects only):
The RECIPIENT identified by ECOLOGY as receiving federal equivalency funding agrees to comply with all federal
requirements applicable to the assistance received (including those imposed by the Infrastructure Investment and Jobs Act
(“IIJA”/BIL), Public Law No. 117-58) which the RECIPIENT understands includes, but is not limited to, the following
requirements: that all the iron and steel, manufactured products, and construction materials used in the Project are to be
produced in the United States (“Build America, Buy America Requirements”) unless (i) the RECIPIENT has requested and
obtained a waiver from the cognizant Agency pertaining to the Project or the Project is otherwise covered by a general
applicability waiver; or (ii) all of the contributing Agencies have otherwise advised the RECIPIENT in writing that the Build
America, Buy America Requirements are not applicable to the project .
RECPIENT shall comply with all record keeping and reporting requirements under all applicable legal authorities , including any
reports required by the funding authority (such as EPA and/or a state), such as performance indicators of program deliverables,
information on costs and project progress. The RECIPIENT identified by ECOLOGY as receiving federal equivalency
funding, understands that (i) each contract and subcontract related to the project is subject to audit by appropriate federal and
state entities and (ii) failure to comply with the applicable legal requirements and this Agreement may result in a default
hereunder that results in a repayment of the assistance agreement in advance of termination and/or repayment of assistance,
and/or other remedial actions.
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AGENDA ITEM #6. h)
Page 26 of 45State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00204
Monroe Avenue NE Infiltration Facility (Phase 2)
City of Renton
EPA has granted an adjustment period waiver of the requirements of Section 70914(a) of the BIL, pursuant to Section
70914(b)(1) (public interest waiver), for eligible projects financed by SRF projects that have initiated project design planning
prior to May 14, 2022, the statutory effective date of the BABA requirements . This action permits the use of non-domestic
manufactured products and construction materials in such projects funded by a Clean Water or Drinking Water SRF that may
otherwise be prohibited under the BABA requirements of Section 70914. This action permits the use of non-domestic
manufactured products and construction materials in such projects funded by a Clean Water or Drinking Water SRF that may
otherwise be prohibited under the BABA requirements of Section 70914. Sections 70917(a) and (b) of BIL provide a savings
provision for existing statutory requirements that meet or exceed BABA requirements . The statutory American Iron and Steel
(AIS) requirements of Clean Water Act (CWA) Section 608 and Safe Drinking Water Act (SDWA) Section 1452(a)(4) has
previously applied to SRF projects and will continue to do so as part of BABA requirements .
Where manufactured products used in the project are required to be produced in the United States, manufactured product
shall mean manufactured in the United States, and the cost of the components of the manufactured product that are mined,
produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the
manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured
product has been established under applicable law or regulation. The manufactured products included cover the majority of
potential water infrastructure products, including complex products made up of a variety of material types and components.
For water infrastructure projects, commonly manufactured products would include, but not be limited to, pumps, motors,
blowers, aerators, generators, instrumentation and control systems, gauges, meters, measurement equipment, treatment
equipment, dewatering equipment, actuators, and many other mechanical and electrical items.
F. Disadvantaged Business Enterprise (DBE): General Compliance, 40 CFR, Part 33. The RECIPIENT agrees to comply
with the requirements of the Environmental Protection Agency’s Program for Utilization of Small , Minority, and Women’s
Business Enterprises (MBE/WBE) 40CFR, Part 33 in procurement under this agreement.
Six Good Faith Efforts, 40 CFR, Part 33, Subpart C. The RECIPIENT agrees to make the following good faith efforts
whenever procuring construction, equipment, services, and supplies under this agreement. Records documenting compliance
with the following six good faith efforts shall be retained:
1) Ensure Disadvantaged Business Enterprises are made aware of contracting opportunities to the fullest extent practicable
through outreach and recruitment activities. For Indian Tribal, State and Local and Government RECIPIENTs , this shall
include placing Disadvantaged Business Enterprises on solicitation lists and soliciting them whenever they are potential sources.
2) Make information on forthcoming opportunities available to Disadvantaged Business Enterprises and arrange time frames for
contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation
by Disadvantaged Business Enterprises in the competitive process. This includes, whenever possible, posting solicitations for
bids or proposals for a minimum of thirty (30) calendar days before the bid or proposal closing date.
3) Consider, in the contracting process, whether firms competing for large contracts could subcontract with Disadvantaged
Business Enterprises. For Indian Tribal, State, and Local Government RECIPIENTs, this shall include dividing total
requirements when economically feasible into smaller tasks or quantities to permit maximum participation by Disadvantaged
Business Enterprises in the competitive process.
4) Encourage contracting with a consortium of Disadvantaged Business Enterprises when a contract is too large for one of
these firms to handle individually.
5) Use services and assistance of the Small Business Administration and the Minority Business Development Agency of the
Department of Commerce.
6) If the prime contractor awards subcontracts, require the prime contractor to take the five good faith efforts steps in
paragraphs 1 through 5 above.
The RECIPIENT agrees to submit ECOLOGY’s Contractor Participation Report Form D with each payment request .
Contract Administration Provisions, 40 CFR, Section 33.302. The RECIPIENT agrees to comply with the contract
administration provisions of 40 CFR, Section 33.302.
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AGENDA ITEM #6. h)
Page 27 of 45State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00204
Monroe Avenue NE Infiltration Facility (Phase 2)
City of Renton
Non-discrimination Provision. The RECIPIENT shall not discriminate on the basis of race , color, national origin, or sex in the
performance of this agreement. The RECIPIENT shall carry out applicable requirements of 40 CFR Part 33 in the award and
administration of contracts awarded under EPA financial assistance agreements . Failure by the RECIPIENT to carry out these
requirements is a material breach of this agreement which may result in the termination of this contract or other legally available
remedies.
This does not preclude the RECIPIENT from enacting broader nondiscrimination protections .
The RECIPIENT shall comply with all federal and state nondiscrimination laws, including but not limited to, Title VI and VII of
the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972,
the Age Discrimination Act of 1975, and Chapter 49.60 RCW, Washington’s Law Against Discrimination, and 42 U.S.C.
12101 et seq, the Americans with Disabilities Act (ADA).
In the event of the RECIPIENT’s noncompliance or refusal to comply with any applicable nondiscrimination law , regulation, or
policy, this agreement may be rescinded, canceled, or terminated in whole or in part and the RECIPIENT may be declared
ineligible for further funding from ECOLOGY. The RECIPIENT shall, however, be given a reasonable time in which to cure
this noncompliance.
The RECIPIENT shall include the following terms and conditions in contracts with all contractors , subcontractors, engineers,
vendors, and any other entity for work or services pertaining to this agreement.
“The Contractor will not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. The
Contractor will carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded
under Environmental Protection Agency financial agreements . Failure by the Contractor to carry out these requirements is a
material breach of this Contract which may result in termination of this Contract or other legally available remedies.”
Bidder List, 40 CFR, Section 33.501(b) and (c). The RECIPIENT agrees to create and maintain a bidders list . The bidders
list shall include the following information for all firms that bid or quote on prime contracts, or bid or quote subcontracts,
including both MBE/WBEs and non-MBE/WBEs.
1. Entity's name with point of contact
2. Entity's mailing address, telephone number, and e-mail address
3. The procurement on which the entity bid or quoted, and when
4. Entity's status as an MBE/WBE or non-MBE/WBE
G. Electronic and information Technology (EIT) Accessibility: RECIPIENTs shall ensure that loan funds provided under this
agreement for costs in the development or purchase of EIT systems or products provide individuals with disabilities reasonable
accommodations and an equal and effective opportunity to benefit from or participate in a program , including those offered
through electronic and information technology as per Section 504 of the Rehabilitation Act, codified in 40 CFR Part 7.
Systems or products funded under this agreement must be designed to meet the diverse needs of users without barriers or
diminished function or quality. Systems shall include usability features or functions that accommodate the needs of persons with
disabilities, including those who use assistive technology.
H. Federal Funding Accountability and Transparency Act (FFATA) Form, available on the Water Quality Program website.
I. Hotel-Motel Fire Safety Act: The RECIPIENT shall ensure that all space for conferences, meetings, conventions, or
training seminars funded in whole or in part with federal funds complies with the protection and control guidelines of the Hotel
and Motel Fire Safety Act (15 USC 2225a, PL 101-391, as amended). Recipients may search the Hotel-Motel National
Master List at http://www.usfa.dhs.gov/applications/hotel/ to see if a property is in compliance, or to find other information
about the Act. Pursuant to 15 USC 2225a.
J. Prevailing Wage (Davis-Bacon Act): The RECIPIENT agrees, by signing this agreement, to comply with the Davis-Bacon
Act prevailing wage requirements. This applies to the construction, alteration, and repair of treatment works carried out, in
whole or in part, with assistance made available by the State Revolving Fund as authorized by Section 513, title VI of the
Federal Water Pollution Control Act (33 U.S.C. 1372). Laborers and mechanics employed by contractors and
subcontractors shall be paid wages not less often than once a week and at rates not less than those prevailing on projects of a
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Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00204
Monroe Avenue NE Infiltration Facility (Phase 2)
City of Renton
character similar in the locality as determined by the Secretary of Labor.
The RECIPIENT shall obtain the wage determination for the area in which the project is located prior to issuing requests for
bids, proposals, quotes, or other methods for soliciting contracts (solicitation). These wage determinations shall be
incorporated into solicitations and any subsequent contracts. The RECIPIENT shall ensure that the required EPA contract
language regarding Davis-Bacon Wages is in all contracts and subcontracts more than $2,000. The RECIPIENT shall
maintain records sufficient to document compliance with the Davis -Bacon Act and make such records available for review
upon request. Wage determinations and instructions for their use can be found at https ://sam.gov/.
The RECIPIENT also agrees, by signing this agreement, to comply with State Prevailing Wages on Public Works, Chapter
39.12 RCW, as applicable. Compliance may include the determination whether the project involves “public work” and
inclusion of the applicable prevailing wage rates in the bid specifications and contracts. The RECIPIENT agrees to maintain
records sufficient to evidence compliance with Chapter 39.12 RCW and make such records available for review upon request .
Where conflicts arise between the State prevailing wage rates and Davis-Bacon Act prevailing wage requirements the more
stringent requirement shall govern. Washington State prevailing wage rates can be found at
https://www.lni.wa.gov/licensing-permits/public-works-projects/prevailing-wage-rates/
K. Trafficking in Persons: The RECIPIENT and RECIPIENT employees that are private entities shall not engage in forms of
trafficking in persons. This includes, but is not limited to, the procurement of a commercial sex act or forced labor. The
RECIPIENT shall notify ECOLOGY immediately of any information received from any source alleging a violation under this
provision.
L. Unique Entity Identity Identifier (UEI): The RECIPIENT agrees to register with and make their registration public in the
System for Award Management (SAM.gov). The RECIPIENT will be assigned a UEI and agree to include their UEI Number
under their organization’s information in EAGL . The UEI number must be entered into EAGL before a funding agreement is
signed.
SECTION 5: CONDITIONS APPLY TO STATE REVOLVING FUND (SRF) LOAN FUNDED PROJECTS ONLY.
The RECIPIENT must submit the following documents/forms to ECOLOGY before this agreement is signed by ECOLOGY :
1. Financial Capability Assessment Documentation (upon request)
2. Opinion of RECIPIENT’s Legal Council – Form available on the Ecology website must be completed and uploaded to the
General Uploads form in EAGL.
3. Authorizing Ordinance or Resolution – Must be uploaded to the General Uploads form in EAGL.
4. Federal Funding Accountability and Transparency Act (FFATA) Form (Required for all federally funded SRF Equivalency
projects – Form available on the Ecology website must be completed and uploaded to the General Uploads form in EAGL.
5. CWSRF Federal Reporting Information form – Must be completed in EAGL.
6. Fiscal Sustainability Plan (Asset Management) Certification Form (Only required if the project includes construction of a
wastewater or stormwater facility construction) – Must be completed in EAGL.
7. Cost and Effectiveness Analysis Certification Form (Required for all projects receiving SRF Loan funding) – Must be
completed in EAGL.
8. State Environmental Review Process (SERP) Documentation (Required for treatment works projects only) – Must be
uploaded to the Environmental and Cultural Review form in EAGL.
A. Alteration and Eligibility of Project: During the term of this agreement, the RECIPIENT (1) shall not materially alter the
design or structural character of the project without the prior written approval of ECOLOGY and (2) shall take no action
which would adversely affect the eligibility of the project as defined by applicable funding program rules and state statutes , or
which would cause a violation of any covenant, condition, or provision herein.
B. American Iron and Steel (Buy American – P.L 113-76, Consolidated Appropriations Act 2014, Section 436): This loan
provision applies to projects for the construction, alteration, maintenance, or repair of a “treatment works” as defined in the
Federal Water Pollution Control Act (33 USC 1381 et seq.) The RECIPIENT shall ensure that all iron and steel products
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Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00204
Monroe Avenue NE Infiltration Facility (Phase 2)
City of Renton
used in the project are produced in the United States. Iron and Steel products means the following products made primarily of
iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe
clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. The RECIPIENT may
request waiver from this requirement from the Administrator of the Environmental Protection Agency . The RECIPIENT must
coordinate all waiver requests through ECOLOGY. This provision does not apply if the engineering plans and specifications
for the project were approved by ECOLOGY prior to January 17, 2014. ECOLOGY reserves the right to request
documentation of RECIPIENT’S compliance with this provision.
C. Authority of RECIPIENT: This agreement is authorized by the Constitution and laws of the state of Washington , including
the RECIPIENT’s authority, and by the RECIPIENT pursuant to the authorizing ordinance or resolution . The RECIPIENT
shall submit a copy of the authorizing ordinance or resolution to the ECOLOGY Financial Manager before this agreement shall
be signed by ECOLOGY.
D. Equivalency Projects: ECOLOGY designated equivalency project and alternative designated equivalency project
RECIPIENTs agree to accept federal funds and the federal requirements that accompany the funds . This includes all the
requirements in Section 4 and this Section.
E. Fiscal Sustainability Plan Certification: The RECIPIENT shall submit a completed Fiscal Sustainability Plan Certification
before this agreement is signed by ECOLOGY. The Fiscal Sustainability Plan Certification is available from the ECOLOGY
Financial Manager or on the Water Quality Program website .
F. Funding Recognition and Outreach: The RECIPIENT agrees to comply with the EPA SRF Signage Guidance to enhance
public awareness of EPA assistance agreements nationwide . Signage guidance can be found at:
https://ecology.wa.gov/About-us/How-we-operate/Grants-loans/Find-a-grant-or-loan/Water-Quality-grants-and-loans/Facility
-project-resources.
G. Insurance: The RECIPIENT shall at all times carry fire and extended insurance coverage , public liability, and property
damage, and such other forms of insurance with responsible insurers and policies payable to the RECIPIENT on such of the
buildings, equipment, works, plants, facilities, and properties of the Utility as are ordinarily carried by municipal or
privately-owned utilities engaged in the operation of like systems, and against such claims for damages as are ordinarily carried
by municipal or privately-owned utilities engaged in the operation of like systems, or it shall self-insure or participate in an
insurance pool or pools with reserves adequate, in the reasonable judgment of the RECIPIENT, to protect it against loss.
H. Litigation Authority: No litigation is now pending, or to the RECIPIENT’s knowledge, threatened, seeking to restrain, or
enjoin:
(i) the execution of this agreement; or
(ii) the fixing or collection of the revenues, rates, and charges or the formation of the ULID and the levy and collection of
ULID Assessments therein pledged to pay the principal of and interest on the loan (for revenue secured lien obligations); or
(iii) the levy and collection of the taxes pledged to pay the principal of and interest on the loan (for general obligation-secured
loans and general obligation payable from special-assessment-secured loans); or
(iv) in any manner questioning the proceedings and authority under which the agreement, the loan, or the project are
authorized. Neither the corporate existence, or boundaries of the RECIPIENT nor the title of its present officers to their
respective offices is being contested . No authority or proceeding for the execution of this agreement has been repealed,
revoked, or rescinded.
I. Loan Interest Rate and Terms: This loan agreement shall remain in effect until the date of final repayment of the loan , unless
terminated earlier according to the provisions herein.
When the Project Completion Date has occurred, ECOLOGY and the RECIPIENT shall execute an amendment to this loan
agreement which details the final loan amount (Final Loan Amount), and ECOLOGY shall prepare a final loan repayment
schedule. The Final Loan Amount shall be the combined total of actual disbursements made on the loan and all accrued
interest to the computation date.
The Estimated Loan Amount and the Final Loan Amount (in either case, as applicable, a “Loan Amount”) shall bear interest
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Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00204
Monroe Avenue NE Infiltration Facility (Phase 2)
City of Renton
based on the interest rate identified in this agreement as the “Effective Interest Rate ,” per annum, calculated on the basis of a
365-day year. Interest on the Estimated Loan Amount shall accrue from and be compounded monthly based on the date that
each payment is mailed to the RECIPIENT. The Final Loan Amount shall be repaid in equal installments , semiannually, over
the term of this loan “Loan Term” as outlined in this agreement .
J. Loan Repayment:
Sources of Loan Repayment
1. Nature of RECIPIENT's Obligation. The obligation of the RECIPIENT to repay the loan from the sources identified below
and to perform and observe all other agreements and obligations on its part, contained herein, shall be absolute and
unconditional, and shall not be subject to diminution by setoff , counterclaim, or abatement of any kind. To secure the
repayment of the loan from ECOLOGY, the RECIPIENT agrees to comply with all the covenants , agreements, and
attachments contained herein.
2. For General Obligation. This loan is a General Obligation Debt of the RECIPIENT.
3. For General Obligation Payable from Special Assessments . This loan is a General Obligation Debt of the RECIPIENT
payable from special assessments to be imposed within the constitutional and statutory tax limitations provided by law without
a vote of the electors of the RECIPIENT on all the taxable property within the boundaries of the RECIPIENT .
4. For Revenue-Secured: Lien Position. This loan is a Revenue-Secured Debt of the RECIPIENT’s Utility. This loan shall
constitute a lien and charge upon the Net Revenue junior and subordinate to the lien and charge upon such Net Revenue of any
Senior Lien Obligations.
In addition, if this loan is also secured by Utility Local Improvement Districts (ULID) Assessments, this loan shall constitute a
lien upon ULID Assessments in the ULID prior and superior to any other charges whatsoever .
5. Other Sources of Repayment. The RECIPIENT may repay any portion of the loan from any funds legally available to it .
6. Defeasance of the Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT shall not be entitled to, and shall not
affect, an economic Defeasance of the loan. The RECIPIENT shall not advance refund the loan.
If the RECIPIENT defeases or advance refunds the loan , it shall be required to use the proceeds thereof immediately upon
their receipt, together with other available RECIPIENT funds, to repay both of the following:
(i) The Loan Amount with interest
(ii) Any other obligations of the RECIPIENT to ECOLOGY under this agreement , unless in its sole discretion ECOLOGY
finds that repayment from those additional sources would not be in the public interest.
Failure to repay the Loan Amount plus interest within the time specified in ECOLOGY’s notice to make such repayment shall
incur Late Charges and shall be treated as a Loan Default.
7. Refinancing or Early Repayment of the Project. So long as ECOLOGY shall hold this loan, the RECIPIENT shall give
ECOLOGY thirty days written notice if the RECIPIENT intends to refinance or make early repayment of the loan .
Method and Conditions on Repayments
1. Semiannual Payments. Notwithstanding any other provision of this agreement, the first semiannual payment of principal and
interest on this loan shall be due and payable no later than one year after the project completion date or initiation of operation
date, whichever comes first.
Thereafter, equal payments shall be due every six months.
If the due date for any semiannual payment falls on a Saturday, Sunday, or designated holiday for Washington State agencies ,
the payment shall be due on the next business day for Washington State agencies .
Payments shall be mailed to:
Department of Ecology
Cashiering Unit
P.O. Box 47611
Olympia WA 98504-7611
In lieu of mailing payments, electronic fund transfers can be arranged by working with ECOLOGY’s Financial Manager .
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Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00204
Monroe Avenue NE Infiltration Facility (Phase 2)
City of Renton
No change to the amount of the semiannual principal and interest payments shall be made without a mutually signed amendment
to this agreement. The RECIPIENT shall continue to make semiannual payments based on this agreement until the amendment
is effective, at which time the RECIPIENT’s payments shall be made pursuant to the amended agreement .
2. Late Charges. If any amount of the Final Loan Amount or any other amount owed to ECOLOGY pursuant to this
agreement remains unpaid after it becomes due and payable, ECOLOGY may assess a late charge. The late charge shall be
one percent per month on the past due amount starting on the date the debt becomes past due and until it is paid in full.
3. Repayment Limitations. Repayment of the loan is subject to the following additional limitations, among others: those on
defeasance, refinancing and advance refunding, termination, and default and recovery of payments.
4. Prepayment of Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT may prepay the entire unpaid principal
balance of and accrued interest on the loan or any portion of the remaining unpaid principal balance of the Loan Amount . Any
prepayments on the loan shall be applied first to any accrued interest due and then to the outstanding principal balance of the
Loan Amount. If the RECIPIENT elects to prepay the entire remaining unpaid balance and accrued interest , the RECIPIENT
shall first contact ECOLOGY’s Revenue/Receivable Manager of the Fiscal Office .
K. Loan Security
Due Regard: For loans secured with a Revenue Obligation: The RECIPIENT shall exercise due regard for Maintenance and
Operation Expense and the debt service requirements of the Senior Lien Obligations and any other outstanding obligations
pledging the Gross Revenue of the Utility, and it has not obligated itself to set aside and pay into the loan Fund a greater
amount of the Gross Revenue of the Utility than, in its judgment, shall be available over and above such Maintenance and
Operation Expense and those debt service requirements.
Where collecting adequate gross utility revenue requires connecting additional users, the RECIPIENT shall require the sewer
system connections necessary to meet debt obligations and expected operation and maintenance expenses.
Levy and Collection of Taxes (if used to secure the repayment of the loan): For so long as the loan is outstanding, the
RECIPIENT irrevocably pledges to include in its budget and levy taxes annually within the constitutional and statutory tax
limitations provided by law without a vote of its electors on all of the taxable property within the boundaries of the
RECIPIENT in an amount sufficient, together with other money legally available and to be used therefore, to pay when due the
principal of and interest on the loan, and the full faith, credit and resources of the RECIPIENT are pledged irrevocably for the
annual levy and collection of those taxes and the prompt payment of that principal and interest.
Not an Excess Indebtedness: For loans secured with a general obligation pledge or a general obligation pledge on special
assessments: The RECIPIENT agrees that this agreement and the loan to be made do not create an indebtedness of the
RECIPIENT in excess of any constitutional or statutory limitations .
Pledge of Net Revenue and ULID Assessments in the ULID (if used to secure the repayment of this loan): For so long as the
loan is outstanding, the RECIPIENT irrevocably pledges the Net Revenue of the Utility , including applicable ULID
Assessments in the ULID, to pay when due the principal of and interest on the loan.
Utility Local Improvement District (ULID) Assessment Collection (if used to secure the repayment of the loan): All ULID
Assessments in the ULID shall be paid into the Loan Fund and used to pay the principal of and interest on the loan.
L. Maintenance and Operation of a Funded Utility: The RECIPIENT shall, at all times, maintain and keep the funded Utility in
good repair, working order, and condition.
M. Opinion of RECIPIENT’s Legal Counsel: The RECIPIENT must submit an “Opinion of Legal Counsel to the
RECIPIENT” to ECOLOGY before this agreement will be signed. ECOLOGY will provide the form.
N. Prevailing Wage (Davis-Bacon Act): The RECIPIENT agrees, by signing this agreement, to comply with the Davis-Bacon
Act prevailing wage requirements. This applies to the construction, alteration, and repair of treatment works carried out, in
whole or in part, with assistance made available by the State Revolving Fund as authorized by Section 513, title VI of the
Federal Water Pollution Control Act (33 U.S.C. 1372). Laborers and mechanics employed by contractors and
subcontractors shall be paid wages not less often than once a week and at rates not less than those prevailing on projects of a
character similar in the locality as determined by the Secretary of Labor.
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Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00204
Monroe Avenue NE Infiltration Facility (Phase 2)
City of Renton
The RECIPIENT shall obtain the wage determination for the area in which the project is located prior to issuing requests for
bids, proposals, quotes, or other methods for soliciting contracts (solicitation). These wage determinations shall be
incorporated into solicitations and any subsequent contracts. The RECIPIENT shall ensure that the required EPA contract
language regarding Davis-Bacon Wages is in all contracts and subcontracts more than $2,000. The RECIPIENT shall
maintain records sufficient to document compliance with the Davis -Bacon Act and make such records available for review
upon request.
The RECIPIENT also agrees, by signing this agreement, to comply with State Prevailing Wages on Public Works, Chapter
39.12 RCW, as applicable. Compliance may include the determination whether the project involves “public work” and
inclusion of the applicable prevailing wage rates in the bid specifications and contracts. The RECIPIENT agrees to maintain
records sufficient to evidence compliance with Chapter 39.12 RCW and make such records available for review upon request .
O. Progress Reports: RECIPIENTS funded with State Revolving Fund Loan or Forgivable Principal shall include the
following verification statement in the “General Comments” text box of each progress report.
“We verified that we are in compliance with all the requirements as outlined in our funding agreement (s) with the Department of
Ecology. This includes but is not limited to:
- The Davis-Bacon Act, 29 CFR , prevailing wage requirements, certified weekly payroll, etc.
- The Disadvantaged Business Enterprise (DBE), 40 CFR, Part 33
- The American Iron and Steel Act (Buy American)
- The Build America Buy America Act (BABA) (equivalency projects only)”
P. Representations and Warranties: The RECIPIENT represents and warrants to ECOLOGY as follows:
Application: Material Information. All information and materials submitted by the RECIPIENT to ECOLOGY in connection
with its loan application were, when made, and are, as of the date the RECIPIENT signs this agreement, true and correct.
There is no material adverse information relating to the RECIPIENT, the project, the loan, or this agreement known to the
RECIPIENT, which has not been disclosed in writing to ECOLOGY.
Existence; Authority. It is a duly formed and legally existing municipal corporation or political subdivision of the state of
Washington or a federally recognized Indian Tribe . It has full corporate power and authority to execute, deliver, and perform
all of its obligations under this agreement and to undertake the project identified herein.
Certification. Each payment request shall constitute a certification by the RECIPIENT to the effect that all representations and
warranties made in this loan agreement remain true as of the date of the request and that no adverse developments, affecting
the financial condition of the RECIPIENT or its ability to complete the project or to repay the principal of or interest on the
loan, have occurred since the date of this loan agreement. Any changes in the RECIPIENT’s financial condition shall be
disclosed in writing to ECOLOGY by the RECIPIENT in its request for payment .
Q. Sale or Disposition of Funded Utility: The RECIPIENT shall not sell, transfer, or otherwise dispose of any of the works,
plant, properties, facilities, or other part of the funded Utility or any real or personal property comprising a part of the funded
Utility unless:
1. The facilities or property transferred are not material to the operation of the funded Utility, or have become unserviceable,
inadequate, obsolete, or unfit to be used in the operation of the funded Utility or are no longer necessary, material, or useful to
the operation of the funded Utility; or
2. The aggregate depreciated cost value of the facilities or property being transferred in any fiscal year comprises no more
than three percent of the total assets of the funded Utility; or
3. The RECIPIENT receives from the transferee an amount equal to an amount which will be in the same proportion to the net
amount of Senior Lien Obligations and this LOAN then outstanding (defined as the total amount outstanding less the amount of
cash and investments in the bond and loan funds securing such debt) as the Gross Revenue of the funded Utility from the
portion of the funded Utility sold or disposed of for the preceding year bears to the total Gross Revenue for that period.
4. Expressed written agreement by the ECOLOGY.
The proceeds of any transfer under this paragraph must be used (1) to redeem promptly, or irrevocably set aside for the
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Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00204
Monroe Avenue NE Infiltration Facility (Phase 2)
City of Renton
redemption of, Senior Lien Obligations and to redeem promptly the loan, and (2) to provide for part of the cost of additions to
and betterments and extensions of the Utility.
R. Sewer-Use Ordinance or Resolution for Funded Wastewater Facility Projects : If not already in existence, the RECIPIENT
shall adopt and shall enforce a sewer-use ordinance or resolution. Such ordinance or resolution shall be submitted to
ECOLOGY upon request.
The sewer use ordinance must include provisions to:
1) Prohibit the introduction of toxic or hazardous wastes into the RECIPIENT’s sewer system .
2) Prohibit inflow of stormwater into separated sewer systems.
3) Require that new sewers and connections be properly designed and constructed.
S. Termination and Default:
Termination and Default Events
1. For Insufficient ECOLOGY or RECIPIENT Funds. ECOLOGY may terminate this loan agreement for insufficient
ECOLOGY or RECIPIENT funds.
2. For Failure to Commence Work. ECOLOGY may terminate this loan agreement for failure of the RECIPIENT to
commence project work.
3. Past Due Payments. The RECIPIENT shall be in default of its obligations under this loan agreement when any loan
repayment becomes 60 days past due.
4. Other Cause. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance in full by the
RECIPIENT of all its obligations under this loan agreement. The RECIPIENT shall be in default of its obligations under this
loan agreement if, in the opinion of ECOLOGY, the RECIPIENT has unjustifiably failed to perform any obligation required of
it by this loan agreement.
Procedures for Termination. If this loan agreement is terminated prior to project completion, ECOLOGY shall provide to the
RECIPIENT a written notice of termination at least five working days prior to the effective date of termination (the
“Termination Date”). The written notice of termination by the ECOLOGY shall specify the Termination Date and , when
applicable, the date by which the RECIPIENT must repay any outstanding balance of the loan and all accrued interest (the
“Termination Payment Date”).
Termination and Default Remedies
No Further Payments. On and after the Termination Date, or in the event of a default event, ECOLOGY may, at its sole
discretion, withdraw the loan and make no further payments under this agreement.
Repayment Demand. In response to an ECOLOGY initiated termination event , or in response to a loan default event,
ECOLOGY may at its sole discretion demand that the RECIPIENT repay the outstanding balance of the Loan Amount and all
accrued interest.
Interest after Repayment Demand. From the time that ECOLOGY demands repayment of funds, amounts owed by the
RECIPIENT to ECOLOGY shall accrue additional interest at the rate of one percent per month , or fraction thereof.
Accelerate Repayments. In the event of a default, ECOLOGY may, in its sole discretion, declare the principal of and interest
on the loan immediately due and payable, subject to the prior lien and charge of any outstanding Senior Lien Obligation upon
the Net Revenue. That is, the loan is not subject to acceleration so long as any Senior Lien Obligations are outstanding.
Repayments not made immediately upon such acceleration will incur Late Charges .
Late Charges. All amounts due to ECOLOGY and not paid by the RECIPIENT by the Termination Payment Date or after
acceleration following a default event, as applicable, shall incur late charges.
Intercept State Funds. In the event of a default event and in accordance with Chapter 90.50A.060 RCW, “Defaults,” any
state funds otherwise due to the RECIPIENT may, at ECOLOGY’s sole discretion, be withheld and applied to the repayment
of the loan.
Property to ECOLOGY. In the event of a default event and at the option of ECOLOGY, any personal property (equipment)
acquired under this agreement may, in ECOLOGY’s sole discretion, become ECOLOGY’s property. In that circumstance,
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Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00204
Monroe Avenue NE Infiltration Facility (Phase 2)
City of Renton
ECOLOGY shall reduce the RECIPIENT’s liability to repay money by an amount reflecting the fair value of such property .
Documents and Materials. If this agreement is terminated, all finished or unfinished documents, data studies, surveys,
drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT shall , at the option of
ECOLOGY, become ECOLOGY property . The RECIPIENT shall be entitled to receive just and equitable compensation for
any satisfactory work completed on such documents and other materials.
Collection and Enforcement Actions. In the event of a default event, the state of Washington reserves the right to take any
actions it deems necessary to collect the amounts due, or to become due, or to enforce the performance and observance of
any obligation by the RECIPIENT, under this agreement.
Fees and Expenses. In any action to enforce the provisions of this agreement, reasonable fees and expenses of attorneys and
other reasonable expenses (including, without limitation, the reasonably allocated costs of legal staff ) shall be awarded to the
prevailing party as that term is defined in Chapter 4.84.330 RCW.
Damages. Notwithstanding ECOLOGY’s exercise of any or all the termination or default remedies provided in this agreement ,
the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and /or the state of
Washington because of any breach of this agreement by the RECIPIENT . ECOLOGY may withhold payments for the
purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined .
T. User-Charge System for Funded Utilities: The RECIPIENT certifies that it has the legal authority to establish and implement
a user-charge system and shall adopt a system of user -charges to assure that each user of the funded utility shall pay its
proportionate share of the cost of operation and maintenance, including replacement during the design life of the project. The
user-charge system will include provisions for a connection charge .
In addition, the RECIPIENT shall regularly evaluate the user-charge system, at least annually, to ensure the system provides
adequate revenues necessary to operate and maintain the funded utility, to establish reserves to pay for replacement, and to
repay the loan.
GENERAL FEDERAL CONDITIONS
If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is
used to match a federal grant award, the following terms and conditions apply to you.
A. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION:
1.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 ECOLOGY 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
ECOLOGY 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
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Project Title:
Recipient Name:
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Monroe Avenue NE Infiltration Facility (Phase 2)
City of Renton
“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.
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 ECOLOGY before requests for
reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in
<http://www.sam.gov> and print a copy of completed searches to document proof of compliance.
B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING
REQUIREMENTS:
CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the
signed agreement to ECOLOGY.
Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five
top executives using the FFATA Data Collection Form .
·Receives more than $30,000 in federal funds under this award.
·Receives more than 80 percent of its annual gross revenues from federal funds.
·Receives more than $25,000,000 in annual federal funds.
Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form . Ecology is
required to report the FFATA information for federally funded agreements , including the required Unique Entity Identifier in
www.sam.gov <http://www.sam.gov/> within 30 days of agreement signature. The FFATA information will be available to
the public at www.usaspending.gov <http://www.usaspending.gov/>.
For more details on FFATA requirements, see www.fsrs.gov <http://www.fsrs.gov/>.
C. FEDERAL FUNDING PROHIBITION ON CERTAIN TELECOMMUNICATIONS OR VIDEO SURVEILLANCE
SERVICES OR EQUIPMENT:
As required by 2 CFR 200.216, federal grant or loan recipients and subrecipients are prohibited from obligating or expending
loan or grant funds to:
1.Procure or obtain;
2.Extend or renew a contract to procure or obtain; or
3.Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use
covered telecommunications equipment, video surveillance services or services as a substantial or essential component
of any system, or as critical technology as part of any system. As described in Public Law 115-232
<https://www.govinfo.gov/content/pkg/PLAW-115publ232/pdf/PLAW-115publ232.pdf>, section 889, covered
telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE
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Monroe Avenue NE Infiltration Facility (Phase 2)
City of Renton
Corporation (or any subsidiary or affiliate of such entities ).
Recipients, subrecipients, and borrowers also may not use federal funds to purchase certain prohibited equipment, systems, or
services, including equipment, systems, or services produced or provided by entities identified in section 889, are recorded in
the System for Award Management (SAM) <https://sam.gov/SAM/> exclusion list.
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Project Title:
Recipient Name:
WQC-2024-Renton-00204
Monroe Avenue NE Infiltration Facility (Phase 2)
City of Renton
GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology
GENERAL TERMS AND CONDITIONS
For DEPARTMENT OF ECOLOGY GRANTS and LOANS
07/01/2023 Version
1. ADMINISTRATIVE REQUIREMENTS
a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans – EAGL Edition ."
(https://fortress.wa.gov/ecy/publications/SummaryPages/2301002.html)
b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all
funds and resources made available under this Agreement .
c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement , including ensuring all
subgrantees and contractors comply with the terms and conditions of this Agreement . ECOLOGY reserves the right to request
proof of compliance by subgrantees and contractors.
d) RECIPIENT’s activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and
character of all work and services.
2. AMENDMENTS AND MODIFICATIONS
This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent
modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized
representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative
information without the concurrence of either party.
3. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY
The RECIPIENT must comply with the Washington State Office of the Chief Information Officer , OCIO Policy no. 188,
Accessibility (https://ocio.wa.gov/policy/accessibility) as it relates to “covered technology.” This requirement applies to all
products supplied under the Agreement , providing equal access to information technology by individuals with disabilities,
including and not limited to web sites/pages, web-based applications, software systems, video and audio content, and electronic
documents intended for publishing on Ecology’s public web site .
4. ARCHAEOLOGICAL AND CULTURAL RESOURCES
RECIPIENT shall take all reasonable action to avoid, minimize, or mitigate adverse effects to archaeological and historic
archaeological sites, historic buildings/structures, traditional cultural places, sacred sites, or other cultural resources, hereby
referred to as Cultural Resources.
The RECIPIENT must agree to hold harmless ECOLOGY in relation to any claim related to Cultural Resources discovered ,
disturbed, or damaged due to the RECIPIENT’s project funded under this Agreement .
RECIPIENT shall:
a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project :
• Cultural Resource Consultation and Review should be initiated early in the project planning process and must be completed
prior to expenditure of Agreement funds as required by applicable State and Federal requirements .
* For state funded construction, demolition, or land acquisitions, comply with Governor Executive Order 21-02, Archaeological
and Cultural Resources.
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Monroe Avenue NE Infiltration Facility (Phase 2)
City of Renton
• For projects with any federal involvement, comply with the National Historic Preservation Act of 1966 (Section 106).
b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing
any project that involves field activities. ECOLOGY will provide the IDP form.
RECIPIENT shall:
• Keep the IDP at the project site.
• Make the IDP readily available to anyone working at the project site .
• Discuss the IDP with staff, volunteers, and contractors working at the project site.
• Implement the IDP when Cultural Resources or human remains are found at the project site .
c) If any Cultural Resources are found while conducting work under this Agreement , follow the protocol outlined in the project
IDP.
• Immediately stop work and notify the ECOLOGY Program, who will notify the Department of Archaeology and Historic
Preservation at (360) 586-3065, any affected Tribe, and the local government.
d) If any human remains are found while conducting work under this Agreement , follow the protocol outlined in the project
IDP.
• Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner /Coroner’s Office, the
Department of Archaeology and Historic Preservation at (360) 790-1633, and then the ECOLOGY Program.
e) Comply with RCW 27.53, RCW 27.44, and RCW 68.50.645, and all other applicable local, state, and federal laws
protecting Cultural Resources and human remains.
5. ASSIGNMENT
No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT .
6. COMMUNICATION
RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT 's designees, ECOLOGY, all
affected local, state, or federal jurisdictions, and any interested individuals or groups.
7. COMPENSATION
a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT .
ECOLOGY must sign the Agreement before any payment requests can be submitted .
b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement .
c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with
ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure .
d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY .
e) ECOLOGY will not process payment requests without the proper reimbursement forms , Progress Report and supporting
documentation. ECOLOGY will provide instructions for submitting payment requests .
f) ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment.
g) RECIPIENT will receive payment through Washington State’s Office of Financial Management’s Statewide Payee Desk .
To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W -9
form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor
registration process, you can contact Statewide Payee Help Desk at (360) 407-8180 or email PayeeRegistration@ofm.wa.gov.
h) ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to
satisfactorily comply with any term or condition of this Agreement .
i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein , or a portion thereof, has
been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement , as
appropriate, or upon completion of an audit as specified herein.
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Project Title:
Recipient Name:
WQC-2024-Renton-00204
Monroe Avenue NE Infiltration Facility (Phase 2)
City of Renton
j) RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement, all financial, performance, and
other reports required by this Agreement. Failure to comply may result in delayed reimbursement.
8. COMPLIANCE WITH ALL LAWS
RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits related to
this Agreement, including but not limited to:
a) 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 .
b) RECIPIENT agrees to be bound by all applicable federal and state laws , regulations, and policies against discrimination.
c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements .
d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required
by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the
permit and approval processes.
ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to
comply with above requirements.
If any provision of this Agreement violates any statute or rule of law of the state of Washington , it is considered modified to
conform to that statute or rule of law.
9. CONFLICT OF INTEREST
RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or responsibility
in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect, nor
affect the interest of any corporation, partnership, or association in which he/she is a part, in this Agreement or the proceeds
thereof.
10. CONTRACTING FOR GOODS AND SERVICES
RECIPIENT may contract to buy goods or services related to its performance under this Agreement . RECIPIENT shall award
all contracts for construction, purchase of goods, equipment, services, and professional architectural and engineering services
through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure
legal, fair, and open competition.
RECIPIENT must have a standard procurement process or follow current state procurement procedures . RECIPIENT may be
required to provide written certification that they have followed their standard procurement procedures and applicable state law
in awarding contracts under this Agreement .
ECOLOGY reserves the right to inspect and request copies of all procurement documentation , and review procurement
practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state
procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY’s sole discretion .
11. DISPUTES
When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the
determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal decisions as provided for
below:
a) RECIPIENT notifies the funding program of an appeal request .
b) Appeal request must be in writing and state the disputed issue(s).
c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal .
d) ECOLOGY reviews the RECIPIENT’s appeal.
e) ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the review.
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Recipient Name:
WQC-2024-Renton-00204
Monroe Avenue NE Infiltration Facility (Phase 2)
City of Renton
The decision of ECOLOGY from an appeal will be final and conclusive , unless within thirty (30) days from the date of such
decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly
authorized representative will be final and conclusive.
The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal.
Appeals of the Director's decision will be brought in the Superior Court of Thurston County . Review of the Director’s decision
will not be taken to Environmental and Land Use Hearings Office .
Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in
accordance with the decision rendered.
Nothing in this Agreement will be construed to limit the parties’ choice of another mutually acceptable method , in addition to the
dispute resolution procedure outlined above.
12. ENVIRONMENTAL DATA STANDARDS
a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses environmental
measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY
Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall:
• Use ECOLOGY’s QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance (QA)
officer or the Program QA coordinator instructs otherwise.
• Follow ECOLOGY’s Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies , July 2004
(Ecology Publication No. 04-03-030).
• Submit the QAPP to ECOLOGY for review and approval before the start of the work .
b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental
Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm
with ECOLOGY that complete and correct data was successfully loaded into EIM , find instructions at:
http://www.ecy.wa.gov/eim.
c) RECIPIENT shall follow ECOLOGY’s data standards when Geographic Information System (GIS) data is collected and
processed. Guidelines for Creating and Accessing GIS Data are available at :
https://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards. RECIPIENT, when
requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data
collection files, map products, and all metadata and project documentation.
13. GOVERNING LAW
This Agreement will be governed by the laws of the State of Washington , and the venue of any action brought hereunder will be
in the Superior Court of Thurston County.
14. INDEMNIFICATION
ECOLOGY will 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.
To the extent that the Constitution and laws of the State of Washington permit , each party will 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 .
15. INDEPENDENT STATUS
The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be
employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of the other
party.
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Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00204
Monroe Avenue NE Infiltration Facility (Phase 2)
City of Renton
16. KICKBACKS
RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up
any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in return for award
of a subcontract hereunder.
17. MINORITY AND WOMEN’S BUSINESS ENTERPRISES (MWBE)
RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-owned (MBE) and women-owned
(WBE) businesses in purchases and contracts initiated under this Agreement .
Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to
take the following actions, when possible, in any procurement under this Agreement :
a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or
services.
b) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation
by qualified minority and women's businesses.
c) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and
women's businesses.
d) Use the services and assistance of the Washington State Office of Minority and Women 's Business Enterprises (OMWBE)
(866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate.
18. ORDER OF 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) The Agreement; (c) Scope of
Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the
"Administrative Requirements for Recipients of Ecology Grants and Loans"; (f) Ecology Funding Program Guidelines; and (g)
General Terms and Conditions.
19. PRESENTATION AND PROMOTIONAL MATERIALS
ECOLOGY reserves the right to approve RECIPIENT’s communication documents and materials related to the fulfillment of
this Agreement:
a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior to
production and distribution.
b) RECIPIENT shall include time for ECOLOGY’s review and approval process in their project timeline .
c) If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible products
developed.
Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets, videos, audio
tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator magnet, and any
online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to provide a copy, then the
RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best represents the item.
Any communications intended for public distribution that uses ECOLOGY’s logo shall comply with ECOLOGY’s graphic
requirements and any additional requirements specified in this Agreement . Before the use of ECOLOGY’s logo contact
ECOLOGY for guidelines.
RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY .
20. PROGRESS REPORTING
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Monroe Avenue NE Infiltration Facility (Phase 2)
City of Renton
a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to
ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document
timely use of funds.
b) RECIPIENT must submit a progress report with each payment request . Payment requests will not be processed without a
progress report. ECOLOGY will define the elements and frequency of progress reports .
c) RECIPIENT shall use ECOLOGY’s provided progress report format.
d) Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1 through
September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after the end of the
quarter being reported.
e) RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extension has been approved
by ECOLOGY, all financial, performance, and other reports required by the Agreement and funding program guidelines .
RECIPIENT shall use the ECOLOGY provided closeout report format.
21. PROPERTY RIGHTS
a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property
under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY 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.
b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information ;
present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports, maps, or other data
in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY.
c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic
materials produced in fulfillment of this Agreement , in any manner ECOLOGY deems appropriate. ECOLOGY shall
acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials .
d) Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology Grants
and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds
furnished by ECOLOGY in the absence of state and federal statutes , regulations, or policies to the contrary, or upon specific
instructions with respect thereto in this Agreement .
e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT
for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY . If said property
is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoff by
the RECIPIENT for the fair market value of such property .
f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the
acquisition of land or facilities:
1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this
Agreement.
2. 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 intended by
this Agreement.
g) Conversions. Regardless of the Agreement expiration date , the RECIPIENT shall not at any time convert any equipment ,
property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally
approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY 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.
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Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00204
Monroe Avenue NE Infiltration Facility (Phase 2)
City of Renton
22. RECORDS, AUDITS, AND INSPECTIONS
RECIPIENT shall maintain complete program and financial records relating to this Agreement , including any engineering
documentation and field inspection reports of all construction work accomplished.
All records shall:
a) Be kept in a manner which provides an audit trail for all expenditures.
b) Be kept in a common file to facilitate audits and inspections.
c) Clearly indicate total receipts and expenditures related to this Agreement .
d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington ,
for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute resolution hereunder.
RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the
records.
ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has
been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced.
Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination.
All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY
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 (3) years following grant or loan termination or dispute resolution hereunder.
RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times, in
order to monitor and evaluate performance, compliance, and any other conditions under this Agreement .
23. RECOVERY OF FUNDS
The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance
of this Agreement and completion of the work described in the Scope of Work .
All payments to the RECIPIENT are subject to approval and audit by ECOLOGY , and any unauthorized expenditure(s) or
unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT .
RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement .
RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within
thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the time ECOLOGY
demands repayment of funds.
Any property acquired under this Agreement , at the option of ECOLOGY, may become ECOLOGY's property and the
RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property.
24. 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 .
25. STATE ENVIRONMENTAL POLICY ACT (SEPA)
RECIPIENT must demonstrate to ECOLOGY’s satisfaction that compliance with the requirements of the State Environmental
Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC) have been or will be met. Any reimbursements are subject to
this provision.
26. SUSPENSION
When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any
portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT . RECIPIENT shall resume
performance on the next business day following the suspension period unless another day is specified by ECOLOGY.
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Project Title:
Recipient Name:
WQC-2024-Renton-00204
Monroe Avenue NE Infiltration Facility (Phase 2)
City of Renton
27. SUSTAINABLE PRACTICES
In order to sustain Washington’s natural resources and ecosystems , the RECIPIENT is fully encouraged to implement
sustainable practices and to purchase environmentally preferable products under this Agreement .
a) Sustainable practices may include such activities as: use of clean energy, use of double-sided printing, hosting low impact
meetings, and setting up recycling and composting programs.
b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and
imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced
packaging, office products that are refillable , rechargeable, and recyclable, 100% post-consumer recycled paper, and toxic free
products.
For more suggestions visit ECOLOGY’s web page, Green Purchasing,
https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing.
28. TERMINATION
a) For Cause
ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the
RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of
any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs
incurred in accordance with the terms of this Agreement prior to the effective date of termination .
Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work
on the project funded within four (4) months after the effective date of this Agreement, or by any date mutually agreed upon in
writing for commencement of work, or the time period defined within the Scope of Work .
Non-Performance. The obligation of ECOLOGY 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
ECOLOGY, to perform any obligation required of it by this Agreement , ECOLOGY may refuse to pay any further funds,
terminate in whole or in part this Agreement, and exercise any other rights under this Agreement .
Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY
and the State of Washington because of any breach of this Agreement by the RECIPIENT . ECOLOGY may withhold
payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is
determined.
b) For Convenience
ECOLOGY may terminate for convenience this Agreement , in whole or in part, for any reason when it is the best interest of
ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted below. If this
Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the
terms of this Agreement prior to the effective date of termination .
Non-Allocation of Funds. ECOLOGY’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 the
completion or expiration date of this Agreement, ECOLOGY, 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. ECOLOGY may also elect to
suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved . ECOLOGY may
exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide
notice.
In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the
effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT . In no
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Agreement No:
Project Title:
Recipient Name:
WQC-2024-Renton-00204
Monroe Avenue NE Infiltration Facility (Phase 2)
City of Renton
event shall ECOLOGY’s reimbursement exceed ECOLOGY’s total responsibility under the Agreement and any amendments .
If payments have been discontinued by ECOLOGY due to unavailable funds , the RECIPIENT shall not be obligated to repay
monies which had been paid to the RECIPIENT prior to such termination .
RECIPIENT’s obligation to continue or complete the work described in this Agreement shall be contingent upon availability of
funds by the RECIPIENT's governing body.
c) By Mutual Agreement
ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement.
d) In Event of Termination
All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials
prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of ECOLOGY and the
RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such
documents and other materials.
Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in
accordance with Recovery of Funds, identified herein.
29. THIRD PARTY BENEFICIARY
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 .
30. WAIVER
Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or 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 ECOLOGY.
End of General Terms and Conditions
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AGENDA ITEM #6. h)