DOE Grant Stormwater Capacity G14001602013-15 Municipal Stormwater Capacity Grant Program
State Of Washington, Department Of Ecology
DEPARTMENT OF
c ECOLOGY
041� State of Washington
2013-15 MUNICIPAL STORMWATER CAPACITY GRANT
PROGRAM
FISCAL YEAR 2014
GRANT AGREEMENT
NUMBER G1400160
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
CITY OF EDMONDS e-4 0 Al ,� ��
2013-15 Municipal Stormwater Capacity Grant Program
State Of Washington, Department Of Ecology
2013-15 MUNICIPAL STORMWATER CAPACITY GRANT PROGRAM
Grant Agreement
Between
The State of Washington Department of Ecology
And
City of Edmonds
THIS is a binding agreement entered into, by, and between the state of Washington Department
of Ecology (DEPARTMENT), and the City of Edmonds (RECIPIENT). The purpose of this
agreement is to provide funds to the RECIPIENT to carry out the requirements described herein.
PART I. GENERAL INFORMATION
Project Title:
2013-15 Municipal Stormwater Capacity Grant
Program
State Fiscal Year:
FY2014
Grant Number:
G1400160
RECIPIENT Name:
City of Edmonds
Mailing Address:
121 5th Ave N, Edmonds, WA 98020
RECIPIENT Federal ID Number:
94-6001244
Total Eligible Cost:
($50,000 AND $120,000):
$170,000
DEPARTMENT Funding Sources:
ELSA - Operating:
$50,000
ELSA - Capital Budget Provision:
$120,000
DEPARTMENT Share:
$170,000
DEPARTMENT Maximum Percentage:
100%
Effective Date Of This Grant Is:
July 1, 2013
Any work performed prior to the effective date of this
agreement is not eligible for reimbursement.
This Grant Agreement Expires On:
January 31, 2015
2013-15 Municipal Stormwater Capacity Grant Program
State Of Washington, Department Of Ecology
PART IV. PROJECT BUDGET
Municipal Stormwater Capacity Grants Program, FY2014
Elements/Objects
TOTAL ELIGIBLE
COST (TEC)
Task 1 — Project Administration/Management (limited to $5,000
$5,000
ELSA Operating Funds)
Task 2 — Implementation And Management Of Stormwater
$45,000
Program
$120,000
Task 3 — Pre -Construction Planning And Design (limited to
$120,000 ELSA Capital Budget Provisions)
Total (limited to $170,000 per RECIPIENT partner)
$170,000
*The DEPARTMENT's Fiscal Office will track to the Total Eligible Project Cost.
MATCHING REQUIREMENTS (There are no matching requirements)
DEPARTMENT Share FY 2014 (100% of TEC)
$170,000
PART V. SCOPE OF WORK
RECIPIENT will ensure that this project is completed according to the details of this agreement.
The RECIPIENT may elect to use its own forces or it may contract for professional services
necessary to perform and complete project related work.
Task 1 - Proiect Administration/Manalzement
A. RECIPIENT will administer the project. Responsibilities will include, but not be limited
to: maintenance of project records; submittal of payment vouchers, fiscal forms, and
progress reports; compliance with applicable procurement, contracting, and interlocal
agreement requirements; application for, receipt of, and compliance with all required
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2013-15 Municipal Stormwater Capacity Grant Program
State Of Washington, Department Of Ecology
4) Activities to support programs to control runoff from new development, redevelopment,
and construction sites, including:
a) Development of an ordinance and associated technical manual or update of
applicable codes..
b) Inspections before, during, and upon completion of construction, or for post -
construction long-term maintenance.
C) Training for plan review and/or inspection staff.
d) Participation in applicable watershed planning effort.
5) Pollution prevention, good housekeeping, and operation and maintenance program
activities, such as:
a) Inspecting and/or maintaining the MS4 infrastructure.
b) Developing and/or implementing policies, procedures, or stormwater pollution
prevention plans at municipal properties or facilities.
6) Annual reporting activities.
7) Establishing and refining stormwater utilities, including stable rate structures.
8) Water quality monitoring to implement permit requirements for a Water Cleanup Plan
(TMDL). Note that any monitoring funded by this program requires submittal of a
Quality Assurance Project Plan (QAPP) that the DEPARMENT approves prior to
awarding funding for monitoring.
Monitoring, including:
a) Development of applicable QAPPs.
b) Monitoring activities, in accordance with a DEPARTMENT- approved QAPP, to
meet Phase UII permit requirements.
9) Structural stormwater controls program activities (Phase I permit requirement)
10) Source control for existing development (Phase I permit requirement), including:
a) Inventory and inspection program.
b) Technical assistance and enforcement.
C) Staff training.
11) Equipment purchases that result directly in improved compliance with permit
requirements. Allowed costs for equipment purchases must be specific to implementing a
permit requirement (such as a vactor truck) rather than general use (such as a general use
pick-up truck). Qualified equipment purchases include but are not limited to:
a) Illicit discharge testing equipment and materials.
b) Vactor truck or sweeper truck or MS4 maintenance activities.
C) Electronic devices dedicated to mapping of MS4 facilities and attributes.
d) Software dedicated to tracking permit implementation activities.
Task 3 — Preconstruction Planum and Design
A. Project Summary. RECIPIENT will submit to the DEPARTMENT'S Project Manager for
review and acceptance and no later than October 1, 2013, an initial one to two page
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2013 -IS Municipal Stormwater Capacity Grant Program
State Of Washington, Department Of Ecology
F. DAHP EZ -l. If applicable, the RECIPIENT will submit to the DEPARTMENT's Project
Manager a Department of Archaeology and Historic Preservation (DAHP) EZ -1 form to
initiate review of project activities by DAHP and tribal governments.
G. RECIPIENT will submit all pre -design figures and construction plans to the
DEPARTMENT, reduced to 11 " x 17" in size. The RECIPIENT may bind them with the
specifications or related construction contract documents or bind as a separate document.
All reduced drawings must be legible.
H. Summary of Deliverables:
1. Submit a Project Summary including maps, no later than October 1, 2013, for
review and acceptance of the proposed design project.
2. Submit a Pre -design report to the DEPARTMENT, no later than January 31, 2014
for review and acceptance.
3. Submit 90 percent design plans to the DEPARTMENT, no later than August 1,
2014 for review and acceptance.
4. If applicable, submit a copy of the signed and dated SEPA determination to the
DEPARTMENT.
5. If applicable, submit a copy of the DAHP EZ -1 form, for DEPARTMENT
coordination on compliance with Executive Order 05-05.
PART VI. SPECIAL TERMS AND CONDITIONS
None
PART VII. ALL WRITINGS CONTAINED HEREIN
The following contain the entire understanding between the parties, and there are no other
understandings or representations other than as set forth, or incorporated by reference, herein:
• This agreement.
• Attachment L• General Project Management Requirements for the Municipal Stormwater
Capacity Grants Program.
• Attachment II: General Terms and Conditions.
• The effective edition, at the signing of this agreement, of the DEPARTMENT's
"Administrative Requirements for Recipients of Ecology Grants and Loans."
• The associated funding guidelines that correspond to the fiscal year in which the project
is funded.
• The applicable federal and state statutes and regulations.
No subsequent modifications or amendments of this agreement will be of any force or effect
unless signed by authorized representatives of the RECIPIENT and the DEPARTMENT, and
made a part of this agreement, except that in response to a request from the RECIPIENT, the
DEPARTMENT may redistribute the grant budget. The DEPARTMENT or the RECIPIENT
may change their respective staff contacts without the concurrence of either party.
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2013-15 Municipal Stormwater Capacity Grant Program
State Of Washington, Department Of Ecology
ATTACHMENT I: General Project Management Requirements
For 2013-15 Municipal Stormwater Capacity Grants Program
Funding Agreement
A. ARCHEOLOGICAL AND CULTURAL RESOURCES
RECIPIENT must comply with all requirements listed in Executive Order 05-05 prior to
implementing any project that involves soil disturbing activity.
RECIPIENT must conduct and submit a cultural resources survey or complete and submit an
EZ -1 Form to the DEPARTMENT's project manager prior to any soil disturbing activities. The
DEPARTMENT will contact the Department of Archaeology and Historic Preservation
(DAHP) and affected tribes regarding the proposed project activities in order to meet Executive
Order 05-05 requirements. Any prior communication between the RECIPIENT, the DAHP, and
the tribes is not sufficient to meet requirements. Any mitigation measures as an outcome of this
process will be requirements of this agreement.
Any soil disturbing activities that occur prior to the completion of the Executive Order 05-
05 process will not be eligible for reimbursement. Activities associated with cultural resources
review are grant eligible and reimbursable.
The Department of Archaeology and Historic Preservation has provided guidance that can be
accessed online at:
hqp://www.dahp.wa.gov/pages/Documents/EnvironmentalReview.htm and
hqg://ww^w.dahp.wa.go vlpageslEnvironmentalReview/docwnentsleoO5O5Guidance OOO.pdf
B. EDUCATION AND OUTREACH
RECIPIENT must do a regional search for existing materials before producing any new
educational flyers or pamphlets. The RECIPIENT must request the use of those materials
before time and resources are invested to duplicate materials that are already available.
RECIPIENT must also check the Washington Waters website
hqp://www.ecy.wa.gov/washington waters/index.html for useful educational materials.
These materials are available for public use and can be downloaded directly from the
website.
RECIPIENT must provide the DEPARTMENT up to two copies and an electronic copy on a
CD-ROM of any tangible educational products developed under this grant, such as
brochures, manuals, pamphlets, videos, audio tapes, CDs, curriculum, posters, and media
announcements or gadgets, such as a refrigerator magnet with a message. If this is not
practical, the RECIPIENT must provide a complete description including drawings,
photographs, or printouts of the product.
RECIPIENT must also supply the DEPARTMENT with the names and contact information
of local project leads.
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2013-15 Municipal Stormwater Capacity Grant Program
State Of Washington, Department Of Ecology
c) Divide the total requirements, when economically feasible, into smaller tasks or
quantities, to permit maximum participation by qualified minority and women's
businesses.
d) Establish delivery schedules, where work requirements permit, which will encourage
participation of qualified minority and women's businesses.
e) Use the services and assistance of the State Office of Minority and Women's Business
Enterprises (OMWBE) and the Office of Minority Business Enterprises of the U.S.
Department of Commerce, as appropriate.
RECIPIENT must report to the DEPARTMENT at the time of submitting each invoice, on
forms provided by the DEPARTMENT, payments made to qualified firms. Please include
the following information:
a) Name and state OMWBE certification number (if available) of any qualified firm
receiving funds under the invoice, including any sub -and/or sub -subcontractors.
b) The total dollar amount paid to qualified firms under this invoice.
H. PAYMENT REQUEST SUBMITTALS
Payment Request Submittals. The DEPARTMENT's Project/Financial Manager may require
the RECIPIENT to submit regular payment requests to ensure efficient and timely use of
funds.
Payment Schedule. Payments will be made on a cost -reimbursable basis.
Frequency. The RECIPIENT must submit payment requests at least quarterly but no more
often than monthly, unless allowed by the DEPARTMENT's Financial Manager.
Supporting Documentation. The RECIPIENT must submit all payment request vouchers and
supportive documentation to the DEPARTMENT's Financial Manager. Payment request
voucher submittals are based on match requirements found in the budget.
Reporting Eligible Costs. The RECIPIENT must report all eligible costs incurred on the
project, regardless of the source of funding for those costs. This includes costs used as
match. All eligible and ineligible project costs must be separate and identifiable.
Copies of all applicable forms must be included with an original A19 -1A, and must be
submitted to the DEPARTMENT. Blank forms are found in Administrative Requirements
for Recipients of Ecology Grants and Loans at hitp://www.ec_y.wa.gov/biblio/9118.httnl.
Required Forms:
Where Eligible Costs Have Incurred:
Form A19 -1A (original signature)
Form E (ECY 060-12)
Form B2 (ECY 060-7)
Form F (ECY 060-13)
Form C2 (ECY 060-9)
Form G (ECY 060-14)
Form D (ECY 060-11)
Form H (F-21)
Form I (ECY 060-15)
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2013-15 Municipal Stormwater Capacity Grant Program
State Of Washington, Department Of Ecology
• Documents that require DEPARTMENT Approval — 2 copies (one for the
DEPARTMENT and one for the RECIPIENT).
• Interlocal agreements — 1 copy for the DEPARTMENT's Project/Financial Manager.
• Professional services procurement agreements — I copy to the DEPARTMENT's
Project/Financial Manager.
M. SPECIAL CONDITION FOR SNOHOMISH COUNTY AND KING COUNTY
For either Snohomish County or King County: When this agreement crosses the
RECIPIENT's fiscal year, the obligation of the RECIPIENT to continue or complete the
project described herein will be contingent upon appropriation of funds by the RECIPIENT's
governing body; provided that nothing contained herein will preclude the DEPARTMENT
from demanding repayment of funds paid to the RECIPIENT in accordance with Section O
of the appended General Terms and Conditions.
N. WATER QUALITY MONITORING
Quality Assurance Project Plan (QAPP). Prior to initiating water quality monitoring
activities, the RECIPIENT must prepare a Quality Assurance Project Plan (QAPP). The
QAPP must follow Ecology's Guidelines and Specifications for Preparing Quality Assurance
Project Plans for Environmental Studies, February 2001 (Ecology Publication No. 01-03-
003). The applicant may also reference the Technical Guidance for Assessing the Quality of
Aquatic Environments, revised February 1994 (Ecology Publication No. 91-78) or more
current revision, in developing the QAPP.
RECIPIENT must submit the QAPP to the DEPARTMENT's project manager for review,
comment, and must be approved before starting the environmental monitoring activities.
RECIPIENT must use an environmental laboratory accredited by the DEPARTMENT to
analyze water samples for all parameters to be analyzed that require bench testing.
Information on currently accredited laboratories and the accreditation process is provided on
the Department of Ecology's Environmental Assessment Program's website, available at:
hllp://www.ecy wa. og y/programs/eap/labs/search.html
RECIPIENT should manage all monitoring data collected or acquired under this agreement
in order to be available to secondary users and meet the "ten-year rule." The ten-year rule
means that data documentation is sufficient to allow an individual not directly familiar with
the specific monitoring effort to understand the purpose of the data set, methods used, results
obtained, and quality assurance measures taken ten years after data are collected.
Monitoring Data Submittal / Environmental Information Management System. Funding
recipients that collect water quality monitoring data must submit all data to the
DEPARTMENT through the Environmental Information Management System (EIM). Data
must be submitted by following instructions on the EIM website, currently available at:
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2013-15 Municipal Stormwater Capacity Grant Program
State Of Washington, Department Of Ecology
ATTACHMENT II: General Terms And Conditions
Pertaining To Grant And Loan Agreements Of The Department Of Ecology
A. RECIPIENT PERFORMANCE
All activities for which grant/loan funds are to be used shall be accomplished by the RECIPIENT and
RECIPIENT's employees. The RECIPIENT shall only use contractor/consultant assistance if that has
been included in the agreement's final scope of work and budget.
B. SUBGRANTEE/CONTRACTOR COMPLIANCE
The RECIPIENT must ensure that all subgrantees and contractors comply with the terms and conditions
of this agreement.
C. THIRD PARTY BENEFICIARY
The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this
agreement, the state of Washington is named as an express third -parry beneficiary of such subcontracts
with full rights as such.
D. CONTRACTING FOR SERVICES (BIDDING)
Contracts for construction, purchase of equipment and professional architectural and engineering services
shall be awarded through a competitive process, if required by State law. RECIPIENT shall retain copies
of all bids received and contracts awarded, for inspection and use by the DEPAR'T'MENT.
E. ASSIGNMENTS
No right or claim of the RECIPIENT arising under this agreement shall be transferred or assigned by the
RECIPIENT.
F. COMPLIANCE WITH ALL LAWS
1. The RECIPIENT shall comply fully with all applicable Federal, State and local laws, orders,
regulations and permits.
Prior to commencement of any construction, the RECIPIENT shall secure the necessary approvals
and permits required by authorities having jurisdiction over the project, provide assurance to the
DEPARTMENT that all approvals and permits have been secured, and make copies available to the
DEPARTMENT upon request.
2. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by all Federal and State
laws, regulations, and policies against discrimination. The RECIPIENT further agrees to affirmatively
support the program of the Office of Minority and Women's Business Enterprises to the maximum
extent possible. If the agreement is federally -funded, the RECIPIENT shall report to the
DEPARTMENT the percent of grant/loan funds available to women or minority owned businesses.
3. Wages And Job Safety. The RECIPIENT agrees to comply with all applicable laws, regulations, and
policies of the United States and the State of Washington which affect wages and job safety.
4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state industrial
insurance requirements. If the RECIPIENT fails to comply with such laws, the DEPARTMENT shall
have the right to immediately terminate this agreement for cause as provided in Section K.1, herein.
G. KICKBACKS
The RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved
in this project to give up any part of the compensation to which he/she is otherwise entitled or, receive
any fee, commission or gift in return for award of a subcontract hereunder.
H. AUDITS AND INSPECTIONS
1. The RECIPIENT shall maintain complete program and financial records relating to this agreement.
Such records shall clearly indicate total receipts and expenditures by fund source and task or object.
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2013-15 Municipal Stormwater Capacity Grant Program
State Of Washington, Department Of Ecology
3. Final Request(s) for Payment. The RECIPIENT should submit final requests for compensation within
forty-five (45) days after the expiration date of this agreement and within fifteen (15) days after the
end of a fiscal biennium. Failure to comply may result in delayed reimbursement.
4. Performance Guarantee. The DEPARTMENT may withhold an amount not to exceed ten percent
(10%) of each reimbursement payment as security for the RECIPIENT's performance. Monies
withheld by the DEPARTMENT may be paid to the RECIPIENT when the project(s) described
herein, or a portion thereof, have been completed if, in the DEPARTMENT's sole discretion, such
payment is reasonable and approved according to this agreement and, as appropriate, upon completion
of an audit as specified under section J.5. herein.
5. Unauthorized Expenditures. All payments to the RECIPIENT may be subject to final audit by the
DEPARTMENT and any unauthorized expenditure(s) charged to this grant/loan shall be refunded to
the DEPARTMENT by the RECIPIENT.
6. Mileage and Per Diem. If mileage and per diem are paid to the employees of the RECIPIENT or other
public entities, it shall not exceed the amount allowed under state law for state employees.
7. Overhead Costs. No reimbursement for overhead costs shall be allowed unless provided for in the
Scope of Work hereunder.
K. TERMINATION
1. For Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent upon satisfactory
performance by the RECIPIENT of all of its obligations under this agreement. In the event the
RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT, to perform any obligation
required of it by this agreement, the DEPARTMENT may refuse to pay any further funds there under
and/or terminate this agreement by giving written notice of termination.
A written notice of termination shall be given at least five working days prior to the effective date of
termination. In that event, all finished or unfinished documents, data studies, surveys, drawings,
maps, models, photographs, and reports or other materials prepared by the RECIPIENT under this
agreement, at the option of the DEPARTMENT, shall become Department property and the
RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work
completed on such documents and other materials.
Despite the above, the RECIPIENT shall not be relieved of any liability to the DEPARTMENT for
damages sustained by the DEPARTMENT and/or the State of Washington because of any breach of
agreement by the RECIPIENT. The DEPARTMENT may withhold payments for the purpose of
setoff until such time as the exact amount of damages due the DEPARTMENT from the RECIPIENT
is determined.
2. Insufficient Funds. The obligation of the DEPARTMENT to make payments is contingent on the
availability of state and federal funds through legislative appropriation and state allotment. When this
agreement crosses over state fiscal years the obligation of the DEPARTMENT is contingent upon the
appropriation of funds during the next fiscal year. The failure to appropriate or allot such funds shall
be good cause to terminate this agreement as provided in paragraph K.1 above.
When this agreement crosses the RECIPIENT's fiscal year, the obligation of the RECIPIENT to
continue or complete the project described herein shall be contingent upon appropriation of funds by
the RECIPIENT's governing body; provided, however, that nothing contained herein shall preclude
the DEPARTMENT from demanding repayment of ALL funds paid to the RECIPIENT in accordance
with Section O herein.
3. Failure to Commence Work. In the event the RECIPIENT fails to commence work on the project
funded herein within four months after the effective date of this agreement, or by any date agreed
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2013-15 Municipal Stormwater Capacity Grant Program
State Of Washington, Department Of Ecology
N. SUSTAINABLE PRODUCTS
In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is encouraged to
implement sustainable practices where and when possible. These practices include use of clean energy,
and purchase and use of sustainably produced products (e.g., recycled paper). For more information, see
http://www.ecy.wa.gov/sustainability/.
O. RECOVERY OF PAYMENTS TO RECIPIENT
The right of the RECIPIENT to retain monies paid to it as reimbursement payments is contingent upon
satisfactory performance of this agreement including the satisfactory completion of the project described
in the Scope of Work. In the event the RECIPIENT fails, for any reason, to perform obligations required
of it by this agreement, the RECIPIENT may, at the DEPARTMENT's sole discretion, be required to
repay to the DEPARTMENT all grant/loan funds disbursed to the RECIPIENT for those parts of the
project that are rendered worthless in the opinion of the DEPARTMENT by such failure to perform.
Interest shall accrue at the rate of twelve percent (12%) per year from the time the DEPARTMENT
demands repayment of funds. If payments have been discontinued by the DEPARTMENT due to
insufficient funds as in Section K.2 above, the RECIPIENT shall not be obligated to repay monies which
had been paid to the RECIPIENT prior to such termination. Any property acquired under this agreement,
at the option of the DEPARTMENT, may become the DEPARTMENT'S property and the RECIPIENT'S
liability to repay monies shall be reduced by an amount reflecting the fair value of such property.
P. PROJECT APPROVAL
The extent and character of all work and services to be performed under this agreement by the
RECIPIENT shall be subject to the review and approval of the DEPARTMENT through the Project
Officer or other designated official to whom the RECIPIENT shall report and be responsible. In the event
there is a dispute with regard to the extent and character of the work to be done, the determination of the
Project Officer or other designated official as to the extent and character of the work to be done shall
govern. The RECIPIENT shall have the right to appeal decisions as provided for below.
Q. DISPUTES
Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under
this agreement which is not disposed of in writing shall be decided by the Project Officer or other
designated official who shall provide a written statement of decision to the RECIPIENT. The decision of
the Project Officer or other designated official shall be final and conclusive unless, within thirty days
from the date of receipt of such statement, the RECIPIENT mails or otherwise furnishes to the Director of
the DEPARTMENT a written appeal.
In connection with appeal of any proceeding under this clause, the RECIPIENT shall have the opportunity
to be heard and to offer evidence in support of this appeal. The decision of the Director or duly authorized
representative for the determination of such appeals shall be final and conclusive. Appeals from the
Director's determination shall be brought in the Superior Court of Thurston County. Review of the
decision of the Director will not be sought before either the Pollution Control Hearings Board or the
Shoreline Hearings Board. Pending final decision of dispute hereunder, the RECIPIENT shall proceed
diligently with the performance of this agreement and in accordance with the decision rendered.
R. CONFLICT OF INTEREST
No officer, member, agent, or employee of either party to this agreement who exercises any function or
responsibility in the review, approval, or carrying out of this agreement, shall participate in any decision
which affects his/her personal interest or the interest of any corporation, partnership or association in
which he/she is, directly or indirectly interested; nor shall he/she have any personal or pecuniary interest,
direct or indirect, in this agreement or the proceeds thereof.
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SIGNATURE AUTHORIZATION FORM
FOR GRANT/LOAN RECIPIENTS
-- — -z Department of Ecology
A Water Quality Program
PO Box 47600
DEPARTMENT of Olympia, WA 98504-7600
ECOLOGY Phone: (360) 407-6600
State of Washington FAX: (360) 407-7151
Name of Organization Date Submitted
Project Title Agreement Number
AUTHORIZING SIGNATORY
Si nature
Print
Title/Term of Office
Title
r—
AUTHORIZED
TO SIGN AGREEMENT AMENDMENTS
Signature
Print
Title
AUTHORIZED TO SIGN REQUEST FOR REIMBURSEMENT
Si nature
Print
Title