DOE Grant - 2009 Lake Ballinger WatershedECOLOGY GRANT NO. G0900058
ECOLOGY GRANT NO. G0900058
STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
and
CITY OF EDMONDS, WASHINGTON
THIS is a binding agreement entered into by and between the State of Washington, Department
of Ecology (P.O. Box 47600, Olympia, Washington, 98504-7600), hereinafter referred to as the
DEPARTMENT and the City of Edmonds, hereinafter referred to as the RECIPIENT to carry
out the activities described herein.
RECIPIENT's Legal Address:
RECIPIENT's Name:
RECIPIENT's Street Address:
RECIPIENT's Project Coordinator:
RECIPIENT's Telephone Number:
RECIPIENT's Fax Number:
RECIPIENT's E-mail:
RECIPIENT's Billing Contact:
RECIPIENT's Billing Telephone Number:
121 5th Ave N.
Edmonds, WA 98020
City of Edmonds
121 5th Ave N.
Edmonds, WA 98020
Jerry Shuster
(425) 771-0220 (x1323)
(425) 672-5750
shuster@ci.edmonds.wa.us
Conni Curtis
(425) 771-0220 (x1334)
The source of funds provided by the DEPARTMENT is the State General Fund. Project budget
items for $200,000 will be allocated for a surface and groundwater study of the Lake Ballinger
watershed. The Lake Ballinger Watershed includes the Hall Lake, Hall Creek, Chase Creek,
Echo Lake, Lake Ballinger, and McAleer Creek sub -watersheds.
The RECIPIENT is acting as the fiscal agent for the Hall Lake, Hall Creek, Chase Creek, Echo
Lake, Lake Ballinger, McAleer Creek Watershed FORUM (hereinafter referred to as the
FORUM). The FORUM is defined by Interlocal Agreement as being comprised of the cities of
Mountlake Terrace, Edmonds, Shoreline, Lynnwood and Lake Forest Park, and Snohomish
County. The DEPARTMENT shall participate in the FORUM on an advisory basis.
For the purpose of this agreement, the Contract Officer assigned for the DEPARTMENT will be
Al Josephy, (360) 407-6456 and the Project Coordinator is Doug Wood, (425) 649-7077
Grant Amount: $200,000
Eligible Project Cost: $200,000
DEPARTMENT Share: $200,000
The effective date of this grant is September 1, 2008. Any work performed prior to the effective
date of this agreement without prior written authorization and specified in the Scope of Work
will be at the sole expense and risk of the RECIPIENT.
This agreement shall expire no later than June 30, 2009.
;At-- s /6H
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ECOLOGY GRANT NO: G0900058
Funds allocated through this grant shall be disbursed according to the Scope of Work and
schedule of deliveries provided in the following section.
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ECOLOGY GRANT NO. G0900058
Lake Ballinger Study
Description and Scope of Work
Purpose
The City of Edmonds has selected Otak, Inc. to assist them in the planning and implementation of
the Lake Ballinger Watershed Study. The primary objective of this study is to develop a Strategic
Plan to address the flooding of homes around Lake Ballinger and along the lower reaches of
McAleer Creek. Although flooding is the primary objective, there are also the secondary objectives
of groundwater, water quality, fish/habitat, and stream/lake assessment and enhancement, as
watershed and funding opportunities allow.
In addition to these technical objectives, there are a number of non-technical issues relating to the
successful implementation of the developed Strategic Plan that include the selection, funding, and
implementation of short- and long-term flow reduction solutions. Both structural and non-structural
flow reduction alternatives will be considered. The primary criteria of the selection of preferred flow
reduction alternatives is that they are effective at reducing peak flows from the larger storm events,
and that they are reasonable in scope, equitable, and relatively easy to permit, fund, and construct.
Methodology
A watershed -based approach will be used to identify the problems and develop solutions that are
designed to recreate some of the functions of the natural, unaltered watershed, as existing data
allows. The recreated natural, functions will be used to explain and document how the water
historically flowed through the watershed prior to development. These natural conditions will then
be compared to how the water currently flows through the watershed under altered conditions, after
the removal of natural vegetation, the filling in/removal of wetlands, the encroachment and filling of
the flood plains, and the reduction of infiltration and detention, along with the creation of new
impervious surfaces. This watershed -based approach will be used to provide a technical basis for
documenting how the watershed has changed, how these changes have transformed and increased
the flows within the watershed, and what potential solutions are needed to reduce major flooding
during larger runoff events.
Background
Approach and Methodology
A Hydrologic Simulation Program — Fortran (HSPF) model will be coupled with ground water
information to conceptually reconstruct the natural and altered elements of the hydrologic cycle, as
documented in a water balance. HSPF is considered to- be the industry standard for this type of
basin modeling. Reducing high peak flows, while enhancing groundwater infiltration will be one of
the primary objectives of restoring the hydrology of this highly urbanized watershed that contains
approximately 65% of impervious area. Flow control options will be developed, evaluated, rated,
and ranked for presentation in a Strategic Action Plan, that will outline short and long term capital
projects and costs, along with early actions for responding to the flooding of homes around the lake
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ECOLOGY GRANT NO. G0900058
and downstream flooding within the business district and along Lake Washington.
Watershed Assessment
Otak has already collected most of the readily available information and developed calibrated HSPF
models for both McAleer Creek and Lyon Creek. The recent study by Doug Beyerlein of Clear
Creek Solutions updated the model for the upper reaches of McAleer Creek to focus on lake levels
around Lake Ballinger.
A groundwater assessment will be made and Golder Associates will evaluate options for placing a
neve groundwater level probe will need to be placed near the lake and/or upstream along Hall Creek
to monitor how the upper watershed responds to storms and to look for aquifer storage potential. If
found to be needed, this probe will be used to specifically record the interactions between
groundwater infiltration and shallow aquifer levels during storm events, with the elevations in the
lake.
Development of Flow Controls and Water Quality/Habitat Enhancements
The existing HSPF models, field data, and reports will be used to characterize the watershed in
terms of its hydrologic cycle and keep project costs down. Important flow areas within the
watershed will be correlated with needed infiltration opportunities to reduce peak flows and mitigate
the impacts of the removal of vegetation and the addition of impervious surfaces throughout the
watershed. An analysis of the existing drainage system will be used to document flooding problems
and record the size and capacity of the existing drainage system to convey flows from major storm
events. Using the results of the HSPF model and the characterization of the watershed, structural
and non-structural flow control options will be identified and evaluated.
Strategic Plan: Development, Funding and Implementation
The preferred flow controls and water quality/habitat enhancements will be presented in a Strategic
Plan for prioritization, funding and implementation. The Strategic Plan willinclude a review of
costs, funding options, and a short -(1-3 years) and long-term (4-20 years) implementation plan.
Public Involvement and Education
Concurrent with the watershed assessment and development of the Strategic Plan will be an ongoing
public, stakeholder, FORUM, and Staff Committee public briefing and review process. This process
will initially consist of interviews with key stakeholders, followed by regular briefings with the
FORUM and Staff Committee, two public meetings, and surveys of elected officials from each of
the participating agency members of the FORUM.
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ECOLOGY GRANT NO. G0900058
Scope of Work
A detailed Scope of Work follows, along with a Project Budget Estimate, Project Schedule.
and Subconsultant scopes and budgets.
Scope of Work
The Strategic Action Plan for the Lake Ballinger/McAleer Creek Watershed will be developed
according to the following five tasks, as outlined in the Otak Proposal and verbally presented at the
August 20, 2008 Interview. These tasks include the following.
Task 1 — Watershed Characterization and Analysis
Task 2 - Planning and Pre -Engineering Strategies and Costs
Task 3 — Strategic Plan and SEPA
Task 4 — Public Review and Implementation Planning
Task 5 — Coordination and Reporting
Each of these tasks is further defined in the following detailed Scope of Work presented below.
Task 1: Watershed Characterization & Analysis
Objective
The Lake Ballinger Watershed consists of both the Hall Creek and McAleer Creek subbasins, as
defined by Ecology. The objectives of this task are to determine areas that are important in terms of
controlling how water moves through the watershed, both in the watershed's unaltered state and
current altered state, using a water balance approach. Current areas with flooding will also be defined
together with water quality concerns related to watershed processes.
Methodology
Surface water analyses will be performed using the EPA HSPF continuous simulation model, as
previously developed and used for the recent Lake Ballinger Lake Level and Outlet Study, recently
completed by Doug Beyerlein, of Clear Creek Solutions (as well as the earlier HSPF model that
Doug Beyerlein did for the City of Lake Forest Park of the entire McAleer watershed, as included in
the 1999 McAleer and Lyon Creeks Drainage Basin Study.) This model simulates surface and
ground water flow components and calculates a water balance for each day of the simulation,
including groundwater influences. The model, as used for those studies, will be revised by Clear
Creek Solutions to simulate the unaltered watershed condition which will be the pre -European
forested condition.
Historic aerial photos and topographic maps will be reviewed, as available, to identify surface water
and wetland features that may no longer exist. Points of analysis in the watershed will be selected to
help facilitate description of the important areas that control how water moves through the
watershed.
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ECOLOGY GRANT NO. G0900058
The results of the modeling will be reviewed and integrated with groundwater information, as
provided by Golder Associates, who will use the surface water modeling information to assist in
their hydrogeologic analyses to better define the role of groundwater in the watershed processes.
Once the unaltered watershed surface water and ground water analyses have been completed and
coordinated, the altered watershed will be analyzed using the HSPF model and hydrogeologic
analytical tools. This work will discuss the degree of alteration in the watershed relative to land use
(surface) cover, groundwater catchment area, stormwater infrastructure, and lake level modification.
From historic information and the watershed modeling, the locations of flooding in the watershed
will be delineated and the frequency of flooding defined. Water quality concerns for both lake waters
and stream flows will be identified and generally discussed at a conceptual planning level.
Prior work to be conducted in this task will include the collection and analysis of existing data and
the definition of existing conditions by Otak, as they relate to the watershed analysis. An overview
of regulatory and permitting conditions and potential mitigation strategies and sites, will also be
prepared by Otak as a part of this task for use in the development of concepts and alternatives in
Task 2. Results will be documented and presented to the Staff Committee in the form of a technical
memorandum type of task report.
Scope of Work
1.1 Data Collection and Analysis
• Data collection and analysis will be performed to support the study, as described in Sub -
Task 1.3 and Task 2. This will involve receiving data and documents from the FORUM
members. Data to be received will include: land use, topography, soils and drainage
complaint mapping information in a GIS format; comprehensive land use plans and
stormwater reports and master drainage plans; groundwater conditions; lake studies, and
other data. From the analysis of these data and mapping information, data gaps will be
identified and the level of effort required to address the data gaps will be estimated for
future studies. ('Ibis task is limited to existing data; no literature review nd/I be performed and no nese
data will be collected.)
1.2 Base Maps and Data Needs
• Develop Base maps and GIS overlay areas of the watershed area, as needed to support
water balance modeling and engineering analyses.
• Conduct Assessment of existing data; list and document short and long-term data needs
and make suggestions for the collection of new data; document in a section of the Task 1
technical memorandum (Tech Memo #1).
1.3 Existing Conditions: Watershed Assessment
• The data, maps, and reports collected in 1.1 will be reviewed and information extracted
and analyzed to describe the Existing Conditions within the watershed, using existing,
readily available information, as provided by the FORUM Members.
• Update and expand existing HSPF Model as follows:
- Update the Lake Ballinger, McAleer Creek, and Lyon Creek HSPF models with
appropriate data from Task 1.1.
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ECOLOGY GRANT NO. G0900058
- Add the drainage areas to Hall Lake, Hall Creek, Chase Lake, and Echo Lake to
the Lake Ballinger HSPF model, based on subbasin delineations from Task 1.1.
- Add Hall Lake, Hall Creek, Chase Lake, and Echo Lake reaches to the Lake
Ballinger HSPF model, based on data from Task 1.1
Write an Existing Conditions Report in the form of a section of the Task #1 technical
memorandum (Appendix A, Tech Memo #1) that addresses and summarizes the data
collected and analyses performed in Tasks 1.1 and 1.2, including the results of mapping
and characterizing the Watershed Area and updating of the HSPF model. This existing
conditions report will include the following topics, as data provided in Task 1.1 allows:
- Topography
- Wetlands/Lakes/Streams
- Drainage systems
- Hydrology (Including rainfall/snow melt; degree, location, and frequency of flooding
and complaints.)
- Geohydrology (Includinggroundwater catchment areas, areas ofpotential
infiltration, surficial deposits, and groundwater flow patterns.)
- Water Quality
- Habitat/Fish
- Impervious surfaces (Including estimates of degree of clearing filling of wetlands
andfloodplain, lake level impacts and relationship to peak Hoses)
- Recreation
- Beneficial uses (general conceptual assessment)
- Geomorphology
- Flood Plains
- Land use/build out
- Redevelopment
- Regulatory Overview
- Local Stormwater management programs (limited to the relationsho of
NPDES compliance to potential flow reduction, seater quality and habitat conditions
andgoals for enhancement)
1.4 Watershed Characterization and Analysis: Flow Analysis
Construct and run unaltered watershed and altered watershed HSPF models, and
compare and evaluate the modeling results. Models will include the entire watershed
down to Lake Washington. The modeling will provide the following:
- A water balance for Lake Ballinger and McAleer Creek for unaltered land use
conditions. The unaltered land use conditions are assumed to be forested. The water balance will
be divided into the groundwater contribution, interflow (shallow, subsurface runof�,
surface runoff, and actual evapotranspiration in units of acre-feet per year.
- A water balance for Lake Ballinger and McAleer Creek for altered land use
conditions. The altered land use conditions are assumed to be existing land use. The
water balance will be divided into the groundwater contribution, interflow (shallow,
subsurface runoffl, surface runoff, impervious surface runoff, and actual
evapotranspiration in units of acre-feet per year.
- A HEC -RAS backwater model for the lower reaches of McAleer and Lyon creeks to
model flooding in and near the Lake Forest Park Towne Center. Readily available
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ECOLOGY GRANT NO. G0900058
channel cross-section and culvert data from Task 1 and the 1999 Lake Forest Park Basin
study will be used for the HEC -RAS backwater model.
• Using data and maps collected and developed in Tasks 1.1 and 1.2, perform
hydrogeologic analyses of ground water flows in the unaltered watershed and the altered
watershed; compare and evaluate the results.
• Identify important areas that control how water moves through the watershed for both
the unaltered and altered watershed cases, and discuss the differences between the two
and their implications relative to watershed processes and Strategic Plan development.
• Identify the location of flooding within the watershed and the frequency of flooding
occurrences. Discuss the findings relative to flooding with respect to the above
important flow control areas, both natural and man-made, and the development of the
Strategic Plan.
• Review and summarize readily available water quality data. Determine and describe areas
or conditions of concern for use in Task 2 evaluations and Strategic Plan development in
Tech Memo #1.
• Document surface water findings in a technical memorandum (Appendix B, Tech Memo
#1).
• Document groundwater findings in a technical memorandum (Appendix C, Tech Memo
(Note that one water level monitoring station may he installed, along Hall Creek or near Lake
Ballinger, depending on the quality of existing groundwater data and the availaf�ility of a suitable and
appropriate site for the dirlliir8 of the well. The purpose of this well would be to determine if there is
capacity ' the shallow aquifer above the groundwater level to accommodate infiltratedgmundwater. This
measurement will be extrapolated to determine the amount of runoff from a peak storm event that may be
able to be infiltrated; thus reducing peak runoff flows.)
1.5 Regulatory Overview
An initial review of potential regulatory requirements will be provided. This review will list
potential future permits and possible mitigation strategies that may be used to support the
design criteria needed for future capital improvement projects. As/if appropriate, possible
future mitigation sites will be identified.
• Analyze the data, review potential permits and their requirements, and identify key
opportunities; correlate the findings with the development of the "fixes" being
considered in the development of the Strategic Plan.
• Document findings in a technical memorandum (Appendix D, Tech Memo #1).
1.6 Write Task Report: Tech Memo #1
Prepare a technical memorandum (Tech Memo 1.3) summarizing the analyses and findings
from sub -tasks 1.3.1 through 1.3.5 with exhibits and data/analysis appendices. As described
above, and as data allows, a summary of unaltered and altered conditions will be provided.
Important areas that control how water flows through the watershed will be described. A
water balance approach will be used to describe how water enters, flows within and
discharges from the watershed. This water balance analysis will emphasize flooding under
altered conditions to develop the data needed to create flow reduction strategies in Tasks 2
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ECOLOGY GRANT NO. G0900058
and 3. Water quality and documentation of beneficial uses will not be emphasized, however,
conceptual planning level summaries will be provided.
Deliverables
• Draft and Final Tech Memo #1 (one electronic copy, including appendices A -D)
• Existing Conditions (Appendix A)
• Surface Water (Appendix B)
Groundwater (Appendix C)
• Permitting/mitigation guidance (Appendix D)
• Base maps (as needed to support groundwater and surface water analyses , using existing
data)
Assumptions
• The existing Clear Creek Solutions hydrologic and hydraulic models and lake level data used
in the 2008 Lake Ballinger Lake Level and Outlet Study for the City of Edmonds and the
1999 McAleer and Lyon Creeks Drainage Basin Study for the City of Lake Forest Park will
be available for use in this study with out cost.
• The watershed land use cover used in the Lake Ballinger Lake Level study will be used for
the amended landscape cover in this study if existing land use is not readily available from
the watershed entities.
• Existing data will be used for channel cross sections and culvert data for Sub -task 1.3.1. No
field work will be performed to confirm or update these data.
• The analyses shall be based on readily available public information provided by the City of
Edmonds, as collected from FORUM cities, counties, resource agencies on-line, or studies,
and as provided to the Otak Team by the client.
• No additional environmental field work or data collection or mapping will be conducted for
the permitting/mitigation review.
• Existing data sources, such as the wetland and soils inventories, shall be assumed to be
accurate and sufficient for this planning level type of analysis.
• One groundwater level monitoring station may be installed if existing data requires and an
adequate site exists. (I he re fund (of up to $1OK) have been included in the Golder subcon. ultant contract
and budget.)
• The FORUM will compile and edits all comments on draft documents into one single set of
comments for transmittal to the Consultant; any conflicts will be resolved by the City with
the other reviewers prior to transmittal.
• The website, or other shared site managed by the Consultant, will be used distribute copies
of Tech Memo #1 electronically, as requested by the FORUM; no hard copies will be
produced for distribution.
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ECOLOGY GRANT NO. G0900058
Task 2: Planning & Pre -engineering Strategies & Costs
Objective
The objective of this task is to develop and compare flow reduction concepts, including both
structural and non-structural, and select preferred concept(s) for both the short and long-term to
mitigate the flooding conditions identified in Task 1. .
Methodology
Develop, evaluate, select and rank alternative flow control concepts, both design and non-structural,
to mitigate the identified flooding problems to acceptable levels; compare and rank the alternatives
on the basis of evaluation criteria including, but not limited to: function, implementation feasibility,
and cost. From this comparison, select a preferred approach and corresponding list of projects for
the development of the Strategic Plan in Task 3.
Scope of Work
2.1 Planning and Preliminary Engineering
Based on the findings from Task 1, develop an array of potential facility concepts and flow
reduction concepts to mitigate identified flooding problems. Concepts may include
detention, high flow bypass systems, infiltration and others. Development of concepts will.
include both early action and long-term solutions. Concepts will address flooding conditions
in Lake Ballinger and its upstream tributary areas, as well as the downstream reaches of
McAleer Creek's to its outlet into Lake Washington.
• Develop a set of evaluation criteria and provide a preliminary evaluation and comparison of
the facility concepts to allow their potential merit to be judged. Review this comparison with
the Staff Committee. Select the 6 to 8 facility concepts that appear to offer the best solutions
for further analysis below.
• For each facility concept selected above, develop a schematic drawing that identifies its
principal components and operational features. Evaluate the alternative concepts in terms of
cost/benefit as defined by function, ability to permit, general level of cost, probable
acceptability to Watershed FORUM members, ability to address water quality concerns as
may be determined during Task 1, and other factors as may be identified. Compare the
alternative concepts in a matrix format, and review this comparison with the Staff
Committee. Up to three alternative concepts will be selected by the Staff Committee for
additional study and concept development in Task 3.
The alternative concepts selected above will be developed to an increased level of detail and
subjected to a more comprehensive comparison, once direction has been received from the
Staff Committee. Preliminary layouts and alignments will be developed, and preliminary
hydrologic and hydraulic modeling will be performed to determine the flood control
effectiveness of the alternatives, and their near-term and long-term components.
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Conceptual estimates of project cost (15 percent design level) will be prepared for each
alternative. Permitting requirements and implementation scheduling will be defined as
appropriate to the conceptual designs, based on the permitting considerations described
below in Task 2.2. The alternatives will be described in narratives with facility schematics
and compared in a matrix form. This information will be reviewed with Staff Committee.
• The FORUM Staff Committee with input from the public will select a preferred alternative
for recommendation to the Watershed FORUM for its adoption for the strategic action plan
and further development and analysis in Task 3.
2.2. Permitting/Mitigation Considerations
Permitting and mitigation requirements will be refined and applied as criteria in the selection,
evaluation and ranking of flow control design options.
2.3 Write Task Report: Tech Memo #2
• A draft technical memorandum (Tech Memo #2) will be prepared to document the
alternative analysis process and present the alternatives selected by the Staff Committee for
conceptual design to the public and the FORUM.
• Based on feedback from the public and FORUM, the final Task 2 Technical Memorandum
will be developed. This document will be based on the selection of the preferred alternative
by the public, FORUM and Staff Committee and will include the following:
- Early action and short-term solutions, with preliminary planning level costs, showing
relative ranking and rating of flow reduction alternatives,
- Evaluation and selection of the preferred flow reduction strategy, discussing pros/cons
and needs for implementation, and
- Presentation of a preliminary, relative schedule for implementation.
Deliverables
• Draft Tech Memo #2: Planning and Preliminary Engineering Report (one electronic copy)
• Final Tech Memo #2: Planning and Preliminary Engineering Report (one electronic copy)
Assumptions
• The engineering analysis for reducing flows will use the 2,103 25, and 100 year events as the
appropriate levels of flow control/reduction for the development and evaluation of flow
reduction alternatives.
• Review comments on alternative concepts and selection of the preferred alternative will be
made by the Staff Committee and the FORUM with public input in a manner timely so that
Task 2 can be completed according to the Project Schedule, as defined in this Scope of
Work.
• Refined permitting/mitigation considerations from Task 2.2 will be included in the
development of the alternative evaluation criteria that will be used to evaluate and rank each
of the flow reduction alternatives, as presented in Tech Memo #2.
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• The recommended flow strategy will emphasize primarily flow control alternatives, with little
emphasis on water quality and habitat other than what may occur through the development
of the various selected flow reduction alternatives.
• The FORUM will compile and edits all comments on draft documents into one single set of
comments for transmittal to the Consultant; any conflicts will be resolved by the City with
the other reviewers prior to transmittal.
• The website, or other shared site managed by the Consultant, will distribute copies of Tech
Memo #2, as requested by the FORUM; no hard copies will be produced for distribution.
Task 3: Strategic Plan
Objective
The objective of this task is to develop the Strategic Action Plan for the implementation of the
preferred flow reduction alternative, as reviewed, selected and approved by the public, FORUM and
Staff Committee.
Methodology
The Strategic Action Plan for the preferred alternatives will be developed in this task; it will address
the implementation of the Preferred Flow Reduction Alternative in greater detail than that provided
for the alternative comparison provided in Task 2. The first step will be to address comments
received from the public and FORUM Members on the preferred alternative during the review and
adoption process. These comments will be used to further refine and develop the preferred
alternative.
This task provides a more detailed summary of the project's features including expected flood
reduction potential, operational considerations, costs, staging and phasing for implementation, and
potential water quality and habitat improvement benefits. Additionally, a preliminary implementation
plan will be prepared which will include a schedule, institutional considerations, and refined
permitting/SEPA and mitigation requirements and compliance suggestions.
(Note thatpr ject clesi,gn details and costs hill not be refined at this time; that would require addifional site specific
information and engineering analyses for the designing and sitting of specific facairtie r)
Scope of Work
3.1 Preferred Flow Reduction Strategy
Incorporate comments received on the preferred alternative from the public, Staff
Committee, and FORUM and complete the development of the preferred
alternative/ strategy. A brief technical memorandum, entitled The Preferred Alternative, will
be developed to describe comments received and how those comments were used to further
develop and refine the Preferred Flow Reduction Alternative.
3.2 Finalize Permitting/Mitigation: SEPA Checklist
• Any final permitting and mitigation issues will be address at this time and included in the
Draft Strategic Action Plan.
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ECOLOGY GRANT NO. G0900058
• The need for and timing of the development of the SERA Checklist will be included in the
permitting and mitigation considerations, as developed in Task 1.5 and evaluated in Tasks
2.2 and 3.2.
3.3 Write Draft and Final Strategic Plan
• Write Draft Strategic Plan.
Prepare a refined narrative and conceptual design schematic for the Preferred Flow
Reduction Alternative. With input from the Staff Committee, develop preliminary
institutional arrangements and a preliminary schedule (using MS Project) for project
implementation. Review the need for a SEPA checklist for the preferred alternative; and
clarify any remaining regulatory considerations and permitting/mitigation. requirements.
These elements will form the Draft Strategic Action Plan for the project which will be
documented in the form of a draft technical memorandum, with appendices as appropriate.
(Note that an allocation of costs amongst the FORUM)urtsdictions will be included if the FORUM has
approved such an allocation.)
Write Final Strategic Plan.
After the final review and approval process involving the public, FORUM, and Staff
Committee, the Strategic Plan will be finalized based on input from the various public review
processes.
Deliverables
* Draft and Final Tech Memo entitled The Preferred Alternative (one electronic copy)
• Draft Strategic Action Plan (one electronic copy)
• Final Strategic Action Plan (one electronic copy)
Assumptions
• The comments from the Watershed FORUM to be addressed in Task 3 will be available
within two weeks of the submittal of the Task 2 Technical Memorandum.
* The FORUM will compile and edits all comments on draft documents into one single set of
comments for transmittal to the Consultant; any conflicts will be resolved by the FORUM
members with the other reviewers prior to transmittal.
• An outline of the SEPA development and review process will be included in the draft
Strategic Plan. (Note thatproposed projectsgenerally need to he developed to the 30% design level in order
to begin the formal permitting processes; the projects proposed in this study xill likely be at the 10-15% level
preliminary design.)
• Permitting and mitigation considerations will be included in the Draft Strategic Plan as they
related to the preferred flow reduction alternatives.
• Due to budget limitations, it has been assumed that the Final Strategic Plan will need only
minor revisions revised to reflect public and FORUM comments. Note that the Draft
Strategic Plan will also include the preliminary implementation planning information
developed below in Task 4.
• The website, or other shared site managed by the Consultant, distributes copies of Tech
Memo #2, as requested by the FORUM; no hard copies will be produced for distribution.
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Task 4: Public Review & Implementation Planning
Objective
Assist the Watershed FORUM in conducting a public involvement program and stakeholder review.
on the draft strategic action plan and, based on input received, prepare the final strategic action plan.
Methodology
The Otak Team will support the Watershed FORUM's public and stakeholder review process on the
draft strategic action plan. The results of this process will be reviewed by the Watershed FORUM
and incorporated into the final draft of the Strategic Action Plan.
Scope of Work
4.1 Public Involvement and Education (PIE) Strategy
• Develop an outline and present the PIE Plan strategy verbally to the Staff Committee;
receive their approval and concurrence.
• Develop and finalize and public involvement and education (PIE) strategy based on Staff
Committee comments and proceed to implement.
4.2 Implement PIE Plan
The implementation of the approved PIE Plan shall include the following:
- Stakeholder Briefings. Conduct 15 individual interviews of elected officials and key
stakeholder to provide study information and receive comments; plan, attend, facilitate and
document briefings.
- Elected Official Briefings: Assist Staff Committee members with two rounds of
briefings of the elected officials at each of their respective jurisdictions; create needed
template presentations; plan and document meetings based on notes from Staff Committee
members..
- FORUM Briefings. Conduct 4 FORUM briefings; develop detailed decision matrix for
plan selection; plan, attend, facilitate and document meetings.
- Public Meetings. Plan, attend, facilitate and document 2 public sounding board
workshops.
4.3 Implementation Planning: Phase II of the FORUM
Funding Opportunities
A review and analysis of potential funding options and opportunities will be conducted with
results presented in a spreadsheet format. Each option will be reviewed and evaluated for its
relative ability to provide needed revenues. Funding options will include State and Federal
legislative possibilities.
Governance needed for Implementation of the Strategic Action Plan
Future Planning for Next Phase of the FORUM will be provided in order to facilitate the
funding and implementation of the preferred flow reduction alternative. Results will be
incorporated into the proposed implementation plan presented in the Draft Strategic Plan.
Deliverables
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ECOLOGY GRANT NO. G0900058
• Written outline of pubic involvement and education strategy (one electronic copy)
• Implementation of PIE Plan consisting of a maximum of:
- 15 Stakeholder interviews in month #2
- 2 rounds of briefings of elected officials at each of six the FORUM agencies in
months #2 and #6
- 2 Public meetings, one in month #2 and the other in month #7
- 4 FORUM briefings, one every two months during the eight month project
• Documentation of results from stakeholder interviews (one electronic copy)
• Documentation of results from elected official briefings, as compiled by members of the
Staff Committee (one electronic copy)
■ Documentation/minutes from FORUM meetings (one electronic copy) .
• Documentation/minutes from public meetings (one electronic copy)
Assumptions
• The Staff Committee will present the briefings to their respective elected officials based on a
template presentation prepared by the Consultant, record comments, and present them to
the Consultant for compilation and documentation.
* Staff Committee will review and approve proposed PIE strategy prior to implementation.
• Two (2) of the FORUM meetings will be jointly held with the two (2) public meetings:
Task 5: Coordination and Reporting
Objective
Provide management and regular communication throughout the eight month life of the project.
Activities
5.1 Regular Communication
Provide regular communication with the City's Project Manager through phone calls, emails, and
other correspondence, also coordinate with the Consultant Team to discuss project progress, review
analyses and draft documents, and make project decisions.
5.2 Monthly Invoices and Reports
Provide project administration including submitting monthly billing invoices and monthly progress
reports.
Deliverables
• Maintain project records throughout the duration of the project.
• Monthly progress reports and billing invoices; eight (8) progress reports.
Assumptions
• Project duration is expected to be eight months.
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ECOLOGY GRANT NO. G0900058
Any internal conflicts between City, Staff Committee, and FORUM comments on any of the
draft documents created in Tasks 1-4 above will be resolved in advance by the City's Project
Manager prior to the transmittal to the Consultant.
Note that at this time the assigned lead for the administration of this contract has not yet
been assigned by the FORUM. In order to meet the strict budget and schedule expectations
of this project and this contract, Otak has assumed that the FORUM's lead for this contract
will be the chair of the Steering Committee, or another person as designated by the
FORUM.
In order to keep costs to. a minimum all documents will be prepared in an electronic format
and posted on the Otak website for downloading by the FORUM; the FORUM will
download, copy and distribution all project documents to the public, stakeholders, and Staff
Committee.
Page 16 of 25
ECOLOGY GRANT NO. G0900058
Project Budget, Schedule, and Deliverables, by Task
The following table summarizes the tasks and their deliverables, due slates and anticipated costs:
Task
No.
Task Name
Deliverable(s)
Due Date
Budget
1
Watershed
Draft & Final Tech Memo #1
Months # 1-2
$95,000
Characterization'&
Anal sis
2
'Planning & Pre-
Draft and Final Tech Memo #2
Months # 2-4
$45,000
engineering Strategies &
_Costs
3
Strategic Plan
_
1. Draft and Final Tech Memo on
Months 4-6
$20,000
Preferred Alternatives.
Draft & Final Strategic Plan
4
Public Involvement &
1. Public Involvement &
Month #2-8
$30,000
Implementation Planning
Education Plan
2. Public meeting
documentation/minutes (three)
3. FORUM Briefings
documentation/minutes (four)
5
Coordination and
1. Monthly Reports with Invoice
Months # 1-8
$10,000
Reporting (including
sufficient to provide Ecology
reimbursable expenses)
with Quarterly Reports.
Total
$200,000
*Notes.
Month 1 is,assumed to be October 2008
This initial Project Schedule is a prelrrwnary estimate; the actual will be determined by the pubic review
process as direction by the Staff Committee and FORUM.
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ECOLOGY GRANT NO. G0900058
SPECIAL TERMS AND CONDITIONS
A. PAYMENTS TO THE RECIPIENT
Request for reimbursement for development and administrative costs shall be submitted
Quarterly by the RECIPIENT on a state invoice form (Al 9-1A, Form A) provided by the
DEPARTMENT. All requests for payment shall be consistent with the budget tasks as
listed in the budget section of this agreement with sufficient supporting detail identifying
total project costs, reimbursement requested from the DEPARTMENT.
B. FINANCIAL GUIDELINES
The RECIPIENT shall comply with the DEPARTMENT's current edition of the
"Administrative Requirements for Ecology Grants and Loans" (Ecology publication
number 91-18). The RECIPIENT shall be responsible for maintaining appropriate
financial records throughout the life of the project and in accordance with these
guidelines.
C. MINORITY AND WOMEN'S BUSINESS MWBE PARTICIPATION
The RECIPIENT agrees to solicit and recruit, to the extent possible, certified minority-
owned (MBE) and women -owned (WBE) businesses in purchases and contracts initiated
after the effective date of this agreement.
Contract awards or rejections cannot be made based on MBE or WBE participation.
M/WBE participation is encouraged, however, and the RECIPIENT and all prospective
bidders or persons submitting qualifications should take the following steps, when
possible, in any procurement initiated after the effective date of this agreement:
a. Include qualified minority and women's businesses on solicitation lists.
b. Assure that qualified minority and women's businesses are solicited whenever they
are potential sources of services or supplies.
c. Divide the total requirements, when economically feasible, into smaller tasks or
quantities, to permit maximum participation by qualified minority and women's
businesses.
d. Establish delivery schedules, where work requirements permit, which will encourage
participation of qualified minority and women's businesses.
e. Use the services and assistance of the State Office of Minority and Women's
Business Enterprises (OMWBE) and the Office of Minority Business Enterprises of the
U.S. Department of Commerce, as appropriate.
The RECIPIENT shall 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:
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ECOLOGY GRANT NO. G0900058
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.
D. REPORTS
The RECIPIENT shall prepare and furnish to the DEPARTMENT the following reports:
The RECIPIENT will submit a brief Quarterly. Project Report on Project
accomplishments and efforts. The Quarterly Project Report will be submitted
with the request -for payment.
Upon completion of the Project, a Final Pro ammatic Report shall be submitted
to the DEPARTMENT summarizing the accomplishments achieved during the
term of the Agreement and a representative number of digital photos (preferred)
or color 35 mm slides depicting the Project and copies of all publications, press
releases and other appropriate "product" and deliverables resulting from the
Project should also be provided to the DEPARTMENT as part of the Final
Report. The RECIPIENT shall provide three (3) printed copies and an electronic
copy of the FinalProgranmmatie Report to the DEPARTMENT.
E. WORK TO BE PERFORMED
To the extent that funds therefore may now or hereafter be available pursuant to the terms
of this grant, the RECIPIENT shall, on its own account, or by contract or contracts,
undertake the work and special conditions, described and set forth in the Scope of Work
of this grant.
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ECOLOGY GRANT NO. G0900058
F. ALL WRITINGS CONTAINED HEREIN
This agreement, consisting of the Grant Agreement, Scope of Work, Special Terms and
Conditions and the appended "General Terms and Conditions," the DEPARTMENT's
current edition of "Administrative Requirements for Ecology Grants and Loans," contains
the entire understanding between the parties, and there are no other understandings or
representations set forth or incorporated by reference herein. No subsequent
modification(s) or amendment(s) of this agreement shall be of any force or effect unless
in writing, signed by authorized representatives of the RECIPIENT and DEPARTMENT,
and made a part of this agreement; EXCEPT, that in relation to change of the
DEPARTMENT?s Project Officer, or the RECIPIENT's Project Coordinator as set forth
on the Grant Coversheet, either party may make such change by sending a letter to that
effect without the signature of the other party; EXCEPT, that in relation to the effective
date and time for performance on the Coversheet, the DEPARTMENT may modify or
amend the grant agreement without the signature of the other parties.
IN WITNESS WHEREOF, the parties hereby execute this grant:
STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
Ken Slattery
Date
WATER RESOURES PROGRAM MANAGER
DEPARTMENT OF ECOLOGY
Approved as to form only by
Assistant Attorney General.
— / Lz,-- -
Gary Haa enson Date
Mayor
City of Edmonds
TAX ID#
Page 20 of 25
91-6001244
ECOLOGY GRANT NO. G0900058.
GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements of
the Department of Ecology
A. RECIPIENT PERFORMANCE
All activities for which grant/loan funds are to be used shall be accomplished by the RECIPIENT and
RECIPIENT's employees. The RECIPIENT shall only use contractor/consultant assistance if that has been included
in the agreement's final scope of work and budget.
B. SUBGRANTEE/CONTRACTOR COMPLIANCE
The RECIPIENT must ensure that all subgrantees and contractors comply with the terms and conditions of
this agreement.
C. THIRD PARTY BENEFICIARY
The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this
agreement, the state of Washington is named as an express third -party beneficiary of such subcontracts with full
rights as such..
D. CONTRACTING FOR SERVICES (BIDDING)
Contracts for construction, purchase of equipment and professional architectural and engineering services
shall be awarded through a competitive process, if required by State law. RECIPIENT shall retain copies of all bids
received and contracts awarded, for inspection and use by the DEPARTMENT.
E. ASSIGNMENTS
No right or claim of the RECIPIENT. arising under this agreement shall be transferred or assigned by the
RECIPIENT.
F. COMPLIANCE WITH ALL LAWS
1. The RECIPIENT shall comply fully with all applicable Federal, State and local laws, orders,
regulations and permits.
Prior to commencement of any construction, the RECIPIENT shall secure the necessary approvals
and permits required by authorities having jurisdiction over the project, provide assurance to the DEPARTMENT
that all approvals and permits have been secured, and make copies available to the DEPARTMENT upon request.
2. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by all Federal and
State laws, regulations, and policies against discrimination. The RECIPIENT further agrees to affirmatively support
the program of the Office of Minority and Women's Business Enterprises to the maximum extent possible. If the
agreement is federally -funded, the RECIPIENT shall report to the DEPARTMENT the percent of grant/loan funds
available to women or minority owned businesses.
3. Wages And Job Safety. The RECIPIENT agrees to comply with all applicable laws, regulations,
and policies of the United States and the State of Washington which affect wages and job safety.
4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state industrial
insurance requirements. If the RECIPIENT fails to comply with such laws, the DEPARTMENT shall have the right
to immediately terminate this agreement for cause as provided in Section K.1, herein.
G. KICKBACKS
The RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in
this project to give up any part of the compensation to which he/she is otherwise entitled or, receive any fee,
commission or gift in return for award of a subcontract hereunder.
H. AUDITS AND INSPECTIONS
1. The RECIPIENT shall maintain complete program and financial records relating to this
agreement. Such records shall clearly indicate total receipts and expenditures by fund source and task or object.
All grant/loan records shall be kept in a manner which provides an audit trail for all expenditures.
All records shall be kept in a common file to facilitate audits and inspections.
Engineering documentation and field inspection reports of all construction work accomplished
under this agreement shall be maintained by the RECIPIENT.
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ECOLOGY GRANT NO. G0900058
2. All grant/loan records shall be open for audit or inspection by the DEPARTMENT or by any duly
authorized audit representative of the State of Washington for a period of at least three years after the final grant
payment/loan repayment or any dispute resolution hereunder.. If any such audits identify discrepancies in the
financial records, the RECIPIENT shall provide clarification and/or make adjustments accordingly.
3. All work performed under this agreement and any equipment purchased, shall be made available
to the DEPARTMENT and to any authorized state, federal or local representative for inspection at any time during
the course of this agreement and for at least three years following grantiloan termination or dispute resolution
hereunder.
4. RECIPIENT shall meet the provisions in OMB Circular A-133 (Audits of States, Local
Governments & Non Profit Organizations), including the compliance Supplement to OMB Circular A-133, if the
RECIPIENT expends $500,000 or more in a year in Federal funds. The $500,000 threshold for each year is a
cumulative total of all federal funding from all sources. The RECIPIENT must forward a copy of the audit along
with the RECIPIENT'S response and the final corrective action plan to the DEPARTMENT within ninety (90) days
of the date of the audit report.
I. PERFORMANCE REPORTING
The RECIPIENT shall submit progress reports to the DEPARTMENT with each payment request or such
other schedule as set forth in the Special Conditions. The RECIPIENT shall also report in writing to the
DEPARTMENT any problems, delays or adverse conditions which will materially affect their ability to meet project
objectives or time schedules. This disclosure shall be accompanied by a statement of the action taken or proposed
and any assistance needed from the DEPARTMENT to resolve the situation. Payments may be withheld if required
progress reports are not submitted.
Quarterly reports shall cover the periods January 1 through March 31, April 1 through June 30, July 1
through September 30, and October 1 through December 31. Reports shall be due within thirty (30) days following
the end of the quarter being reported.
J. COMPENSATION
1. Method of compensation. Payment shall normally be made on a reimbursable basis as specified in
the grant agreement and no more often than once per month. Each request for payment will be submitted by the
RECIPIENT on State voucher request forms provided by the DEPARTMENT along with documentation of the
expenses. Payments shall be made for each task/phase of the project, or portion thereof, as set out in the Scope of
Work when completed by the RECIPIENT and approved as satisfactory by the Project Officer.
The payment request form and supportive documents must itemize all allowable costs by major
elements as described in the Scope of Work. Instructions for submitting the payment requests are found in
"Administrative Requirements for Ecology Grants and Loans", part IV, published by the DEPARTMENT. A copy
of this document shall be furnished to the RECIPIENT. When payment requests are approved by the
DEPARTMENT, payments will be made to the mutually agreed upon designee.
Payment requests shall be submitted to the DEPARTMENT and directed to the Project Officer
assigned to administer this agreement.
2. Period of Compensation. Payments shall only be made for actions of the RECIPIENT pursuant to
the grant/loan agreement and performed after the effective date and -prior to the expiration date of this agreement,
unless those dates are specifically modified in writing as provided herein.
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.6. herein.
5. Unauthorized Expenditures. All payments to the RECIPIENT may be subject to final audit by the
DEPARTMENT and any unauthorized expenditure(s) charged to this grant/loan shall be refunded to the
DEPARTMENT by the RECIPIENT.
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ECOLOGY GRANT NO. G0900058
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 thereunder 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 goo_ d 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 mutually agreed upon in
writing for commencement of work, the DEPARTMENT reserves the right to terminate this agreement.
L. WAIVER
Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a breach of any
provision of this agreement is not a waiver of any subsequent breach and will not be construed as a modification of
the terms of this agreement unless stated as such in writing by the authorized representative of the DEPARTMENT.
M. PROPERTY RIGHTS
1. Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any
patentable property, the RECIPIENT may copyright or patent the same but the DEPARTMENT retains a
royalty -free, nonexclusive and irrevocable license to reproduce, publish, recover or otherwise use the material(s) or
property and to authorize others to use the same for federal, state or local government purposes.
Where federal funding is involved, the federal government may have a proprietary interest in
patent rights to any inventions that are developed by the RECIPIENT as provided in 35 U.S.C. 200-212.
2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish
information of the DEPARTMENT; present papers, lectures, or seminars involving information supplied by the
DEPARTMENT; use logos, reports, maps or other data, in printed reports, signs, brochures, pamphlets, etc.,
appropriate credit shall be given to the DEPARTMENT.
3. - Tangible Property Rights. The DEPARTMENT's current edition of "Administrative
Requirements for Ecology Grants and Loans", Part V, shall control the use and disposition of all real and personal
property purchased wholly or in part with funds furnished by the DEPARTMENT in the absence of state, federal
statute(s), regulation(s), or policy(s) to the contrary or upon specific instructions with respect thereto in the Scope of
Work.
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ECOLOGY GRANT NO. G0900058
4. Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT provides
personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to the
DEPARTMENT prior to final payment by the DEPARTMENT. If said property is lost, stolen or damaged while in
the RECIPIENT's possession, the DEPARTMENT shall be reimbursed, in cash or by setoff by the RECIPIENT for
the fair market value of such property.
5. Acquisition Projects. The following provisions shall apply if the project covered by this
agreement includes funds for the acquisition of land or facilities:
a. Prior to disbursement of funds provided for in this agreement, the RECIPIENT shall
establish that the cost of land/or facilities is fair and reasonable.
b. The RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for
each parcel prior to disbursement of funds provided by this agreement. Such evidence may include title insurance
policies, Torrens certificates, or abstracts, and attorney's opinions establishing that the land is free from any
impediment, lien, or claim which would impair the uses contemplated by this agreement.
6. Conversions. Regardless of the contract termination date shown on the cover sheet, the
RECIPIENT shall not at any time convert any equipment, property or facility acquired or developed pursuant to this
agreement to uses other than those for which assistance was originally approved without prior written approval of
the DEPARTMENT. Such approval may be conditioned upon payment to the DEPARTMENT of that portion of the
proceeds of the sale, lease or other conversion or encumbrance which monies granted pursuant to this agreement
bear to the total acquisition, purchase or construction costs of such property.
N. SUSTAINABLE PRODUCTS
In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is encouraged to
implement sustainable practices where and when possible. These practices include use of clean energy, and
purchase and use of sustainably produced products (e.g. recycled paper). For more information, see
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
Page 24 of 25
ECOLOGY GRANT NO. G0900058
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.
S. INDEMNIFICATION
1. The DEPARTMENT shall in no way be held responsible for payment of salaries, consultant's fees,
and. other costs related to the project described herein, except as provided in the Scope of Work.
2. To the extent that the Constitution and laws of the State of Washington permit, each party shall
indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property
arising from the negligent act or omission of that party or that party's agents or employees arising out of this
agreement.
T. GOVERNING LAW
This agreement shall be governed by the laws of the State of Washington.
U. SEVERABILITY
If any provision of this agreement or any provision of any document incorporated by reference shall be held
invalid, such invalidity shall not affect the other provisions of this agreement which can be given effect without the
invalid provision, and to this end the provisions of this agreement are declared to be severable.
V. PRECEDENCE
In the event of inconsistency in this agreement, unless otherwise provided herein, the inconsistency shall be
resolved by giving precedence in the following order: (a) applicable Federal and State statutes and regulations; (b)
Scope of Work; (c) Special Terms and Conditions; (d) Any terms incorporated herein by reference including the
"Administrative Requirements for Ecology Grants and Loans"; and (e) the General Terms and Conditions.
SS -010 Rev. 04/04
Page 25 of 25