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Home My WebLink About068-21 - Department of Ecology State of WA - Contract Amendment Amendment 3Docusign Envelope ID: 1 C6DFA39-770C-4ECD-9797-3F4DF81076A0 DEPARTMENT OF ECOLOGY State of Washington AMENDMENT NO.3 TO AGREEMENT NO. WQC-2019-PoOrPW-00025 BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND City of Port Orchard - Public Works PURPOSE: To amend the above -referenced agreement (AGREEMENT) between the state of Washington Department of Ecology (ECOLOGY) and City of Port Orchard - Public Works (RECIPIENT) for the Marina Pump Station (PROJECT). This amendment is needed to de -obligate remaining funds and get the RECIPIENT into repayment. This does not constitute close out of the funding agreement. Agreement will be officially closed out after all remaining deliverables have been received. The RECIPIENT should review the original agreement conditions and requirements that apply during the loan repayment phase. For example: • Section 6, J. Loan Repayment • Section 6, K. Loan Security, Reserve Requirement IT IS MUTUALLY AGREED that the agreement is amended as follows: 1) The SRF loan amount for EL190266 of $13,000,000.00 remains the same based upon the final eligible cost of the project. Additionally, $277,302.31 of interest has accrued from previous payments and is included in the final repayment amount of $13,277,302.31. 2) Estimated Loan Repayment Schedule Number AS -000000741, created on November 15, 2023, is replaced with Final Loan Repayment Schedule Number AS -000001075, created on July 28, 2025. Based on the Initiation of Operation Date of June 30, 2025, repayment of EL 190266 will begin on June 30, 2026. Note: This amendment only includes the portions of the original agreement that have been changed in some way. If there were no changes, it will not be referenced in this amendment. IT IS MUTUALLY AGREED that the AGREEMENT is amended as follows: CHANGES TO THE BUDGET Funding Distribution EL190266 Funding Title: SRF Standard Loan Funding Type: Loan Funding Effective Date: 07/01/2018 Funding Source: Funding Expiration Date: 08/31/2025 Template Version 10/30/2015 Docusign Envelope ID: 1 C6DFA39-770C-4ECD-9797-3F4DF81076A0 State of Washington Department of Ecology City of Port Orchard - Public Works Marina Pump Station Project Agreement No. WQC-2019-PoOrPW-00025 Title: Fund: Type: Funding Source %: CWSRF-SFY19 FD0727 Blended State/Federal 100% Page 2 of 10 Description: The Clean Water Act (CWA) (33 U.S.C. § 1251-1387) established the State Revolving Fund (SRF) low interest loan program (40. C.F.R. Part 31, 35 Sub Part K). Funds come from a combination of Federal Capitalization Grant provided through the Environmental Protection Agency (EPA), state match, and revolved funds from repayments and interest on previous loans. Approved Indirect Costs Rate: Approved State Indirect: 30% Recipient Match %: 0% InKind Interlocal Allowed: No InKind Other Allowed: No Is this Funding Distribution used to match a federal grant? No Effective Interest Rate: 2.6% Interest Rate: 1.6% Admin Charge: 1% Terms: 30 years Project Start Date: 07/01/2018 Project Completion Date: 08/31/2025 Estimated Initiation of Operation date: 06/30/2025 Loan Security: Revenue Secure Lien Obligation of the Recipient Final Accrued Interest: $277,302.31 Final Loan Amount: $13,277,302.31 Repayment Schedule Number: 1075 SRF Standard Loan Task Total Project Administration/Management $ 0.00 Permitting and Final Design $ 462,344.95 Project Construction $ 10,635,357.2 Construction Management $ 1,447,102.73 Change Orders $ 455,195.07 CHANGES TO SCOPE OF WORK Task Number: 1 Task Title: Project Administration/Management Template Version 10/30/2015 Total: $ 13,000,000.0 Task Cost: $0.00 Docusign Envelope ID: 1 C6DFA39-770C-4ECD-9797-3F4DF81076A0 State of Washington Department of Ecology City of Port Orchard - Public Works Page 3 of 10 Marina Pump Station Project Agreement No. WQC-2019-PoOrPW-00025 Task Description: A. The RECIPIENT shall carry out all work necessary to meet ECOLOGY grant or loan administration requirements. Responsibilities include, but are not limited to: maintenance of project records; submittal of requests for reimbursement and corresponding backup documentation; progress reports; and a recipient closeout report (including photos). B. The RECIPIENT shall maintain documentation demonstrating compliance with applicable procurement, contracting, and interlocal agreement requirements; application for, receipt of, and compliance with all required permits, licenses, easements, or property rights necessary for the project; and submittal of required performance items. C. The RECIPIENT shall manage the project. Efforts include, but are not limited to: conducting, coordinating, and scheduling project activities and assuring quality control. Every effort will be made to maintain effective communication with the RECIPIENT's designees; ECOLOGY; all affected local, state, or federal jurisdictions; and any interested individuals or groups. The RECIPIENT shall carry out this project in accordance with any completion dates outlined in this agreement. Task Goal Statement: Properly managed and fully documented project that meets ECOLOGY's grant or loan administrative requirements. Task Expected Outcome: * Timely and complete submittal of requests for reimbursement, quarterly progress reports, and RECIPIENT closeout report. * Properly maintained project documentation Deliverables Number Description Due Date 1.1 Quarterly Progress Reports 1.2 Recipient Closeout Report 1.3 Project Outcome Summary Report CHANGES TO SCOPE OF WORK Task Number: 2 Task Cost: $462,344.95 Task Title: Permitting and Final Design Task Description: A. The RECIPIENT will obtain necessary permits required for the project. B. The RECIPIENT will procure engineering services in accordance with state law. The RECIPIENT must include ECOLOGY's specification insert in the contract documents for design. The RECIPIENT must submit all contracts for Template Version 10/30/2015 Docusign Envelope ID: 1 C6DFA39-770C-4ECD-9797-3F4DF81076A0 State of Washington Department of Ecology City of Port Orchard - Public Works Page 4 of 10 Marina Pump Station Project Agreement No. WQC-2019-PoOrPW-00025 engineering services before ECOLOGY shall provide reimbursement for work performed under this task . C. The RECIPIENT will design the Marina Pump Station. Plans and specifications developed by the RECIPIENT shall be consistent with the requirements of Chapter 173-240 WAC. Elements of the design will include: 1. New lift station pumps 2. Associated piping and electrical work 3. Replacement of the failing sea wall 4. New generator. D. The plans and specifications, construction contract documents, and addenda will be approved by the RECIPIENT prior to submittal for ECOLOGY review. All construction plans submitted to ECOLOGY for review and approval will be reduced to no larger than 11" x 17" in size. All reduced drawings shall be completely legible. The project manager may request plans be submitted in either PDF or AutoCAD electronic format, and specifications in a searchable PDF or Microsoft Word electronic file. A current construction cost estimate will be submitted along with each plan/specification submittal. The project manager may request a spreadsheet of the costs in electronic file format. E. The RECIPIENT will complete the facility design within one year after the execution of this AGREEMENT. F. Investment Grade Efficiency Audit. The RECIPIENT will procure a third party analysis of potential energy and water efficiency measures for incorporation into the design of any wastewater facilities. The analysis will identify potential efficiency measures, provide cost estimates, and evaluate their cost effectiveness. If the RECIPIENT has obtained either a preliminary or investment grade energy audit of the utility in the last 5 years, documentation of that audit can be submitted instead. G. The RECIPIENT's construction management staff will provide a constructability review and quality assurance check of the project drawing and specification package, and general requirements of the construction bid documents at the 60 percent and 90 percent stages. Task Goal Statement: Project permitted and designed to ECOLOGY approved specification. Task Expected Outcome: Al necessary permits obtained and project designed to ECOLOGY approved specification. Deliverables Number Description Due Date 2.1 Executed contracts for engineering services and affidavit of publication 2.2 Documentation of the RECIPIENT's process for procuring engineering services 2.3 Two copies of the final design with detailed cost estimate and specifications Template Version 10/30/2015 Docusign Envelope ID: 1 C6DFA39-770C-4ECD-9797-3F4DF81076A0 State of Washington Department of Ecology City of Port Orchard - Public Works Page 5 of 10 Marina Pump Station Project Agreement No. WQC-2019-PoOrPW-00025 2.4 Investment Grade Efficiency Audit documentation CHANGES TO SCOPE OF WORK Task Number: 3 Task Cost: $1,447,102.73 Task Title: Construction Management Task Description: A. The RECIPIENT will provide adequate and competent construction management and inspection for the Project. This may involve procuring the professional services. If professional services are procured, the RECIPIENT will procure them in accordance with state law. The RECIPIENT will include ECOLOGY's specification insert in the contract documents. The RECIPIENT must submit all contracts for construction management services before ECOLOGY will provide reimbursement for work performed under this task. B. The RECIPIENT will develop a detailed Construction Quality Assurance Plan (WAC 173-240-075) and submit it to ECOLOGY for approval. This plan must describe the activities which the RECIPIENT will undertake to achieve adequate and competent oversight of all construction work. C. The RECIPIENT will provide a plan of interim operation for the facility while under construction. D. The RECIPIENT will ensure construction progresses according to a timely schedule developed to meet completion dates indicated in the construction contract. The RECIPIENT will revise or update the schedule whenever major changes occur and resubmit to ECOLOGY. In the absence of any major changes, the RECIPIENT will describe progress of the construction in the quarterly progress reports. E. Upon completion of this construction, the RECIPIENT will submit the Declaration of Construction Completion form to ECOLOGY in accordance with WAC 173-240-090 and a set of "as -built" plans of the construction contract i.e., record construction drawings which reflect changes, modifications, or other revisions made to the project during construction. The form, when signed by a professional engineer, indicates that the project was completed in accordance with the plans and specifications and major change orders approved by ECOLOGY, and is accurately shown on the as -built plans. F. The RECIPIENT will prepare an Operations and Maintenance (O&M) manual for the marina pump station. Task Goal Statement: To manage construction of the project to ensure a project that is built in accordance with Ecology approved specifications. Task Expected Outcome: Project constructed in accordance with Ecology approved specifications. Template Version 10/30/2015 Docusign Envelope ID: 1 C6DFA39-770C-4ECD-9797-3F4DF81076A0 State of Washington Department of Ecology City of Port Orchard - Public Works Page 6 of 10 Marina Pump Station Project Agreement No. WQC-2019-PoOrPW-00025 Deliverables Number Description Due Date 3.1 Executed contract for construction management services 3.2 Documentation of the RECIPIENT's process for procuring engineering services 3.3 Construction Quality Assurance Plan 3.4 Plan of interim operation of the facility while under construction 3.5 Declaration of Construction Completion 3.6 "As -built" plans 3.7 Operation and Maintenance Manual CHANGES TO SCOPE OF WORK Task Number: 4 Task Cost: $10,635,357.25 Task Title: Project Construction Task Description: A. The RECIPIENT will include ECOLOGY's specification insert in the bid documents. The RECIPIENT will execute a contract with the low responsive responsible bidder to construct the PROJECT. The RECIPIENT shall submit Bid Tabs, the Notice of Award, and a copy of the executed contract before ECOLOGY shall provide reimbursement for work performed under this task. B. The RECIPIENT will complete construction of the Marina Pump Station in accordance with the plans and specifications. Elements of the construction project will include: 1. New lift station pumps 2. Associated piping and electrical work 3. Replacement of the failing sea wall 4. New generator. C. The RECIPIENT will conduct a pre -construction conference and invite ECOLOGY staff. D. As a condition of receiving this funding, the RECIPIENT will prepare an asset management program (fiscal sustainability plan). The RECIPIENT will certify that a plan that contains at least the minimum required elements listed above has been developed and is being implemented. The plan must include the following elements 1. An inventory of critical assets that belong to the utility. 2. An evaluation of the condition and performance of the critical assets. 3. A plan to maintain, repair, and replace the critical assets and to fund those activities. 4. A process to evaluate and implement water and energy conservation efforts as part of the plan. Template Version 10/30/2015 Docusign Envelope ID: 1 C6DFA39-770C-4ECD-9797-3F4DF81076A0 State of Washington Department of Ecology City of Port Orchard - Public Works Marina Pump Station Project Agreement No. WQC-2019-PoOrPW-00025 Task Goal Statement: To have the project constructed in accordance with ECOLOGY approved plans and specifications. Task Expected Outcome: Project constructed in accordance with ECOLOGY approved plans and specifications. Deliverables Page 7 of 10 Number Description Due Date 4.1 Copy of the advertisement for bids with affidavit of publication 4.2 Minutes of the pre -construction meeting 4.3 Declaration of Construction completion (paper copy) and one electronic copy of the Record Drawings 4.4 Investment Grade Efficiency Audit documentation 4.5 Certification that the Financial Sustainability Plan has been developed and is being implemented CHANGES TO SCOPE OF WORK Task Number: 5 Task Cost: $455,195.07 Task Title: Change Orders Task Description: A. The RECIPIENT will negotiate all change orders to the construction contract necessary for successful completion of the project. B. The RECIPIENT will submit the change orders to ECOLOGY for approval. Change orders that are a significant deviation from the approved plans/specifications must be submitted for approval, prior to execution. All other change orders must be submitted within 30 days after execution. Task Goal Statement: To have all change orders reviewed and approved by ECOLOGY prior to requesting reimbursement. Task Expected Outcome: All change orders reviewed and approved by ECOLOGY prior to reimbursement. Recipient Task Coordinator: Jacki Brown Template Version 10/30/2015 Docusign Envelope ID: 1 C6DFA39-770C-4ECD-9797-3F4DF81076A0 State of Washington Department of Ecology City of Port Orchard - Public Works Marina Pump Station Project Agreement No. WQC-2019-PoOrPW-00025 Deliverables Page 8 of 10 Number Description Due Date 5.1 Change order justifications if needed 5.2 Executed change orders with backup documentation and professional engineer seal and signature Template Version 10/30/2015 Docusign Envelope ID: 1C6DFA39-770C-4ECD-9797-3F4DF81076A0 State of Washington Department of Ecology City of Port Orchard - Public Works Marina Pump Station Project Agreement No. WQC-2019-PoOrPW-00025 Funding Distribution Summary Recipient / Ecology Share Page 9 of 10 Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total SRF Standard Loan 0 % $ 0.00 $ 13,000,000.00 $ 13,000,000.00 Total $ 0.00 $ 13,000,000.00 $ 13,000,000.00 Template Version 10/30/2015 Docusign Envelope ID: 1 C6DFA39-770C-4ECD-9797-3F4DF81076A0 State of Washington Department of Ecology City of Port Orchard - Public Works Page 10 of 10 Marina Pump Station Project Agreement No. WQC-2019-PoOrPW-00025 AUTHORIZING SIGNATURES All other terms and conditions of the original Agreement including any Amendments remain in full force and effect, except as expressly provided by this Amendment. The signatories to this Amendment represent that they have the authority to execute this Amendment and bind their respective organizations to this Amendment. This amendment will be effective 07/01/2018. IN WITNESS WHEREOF: the parties hereto, having read this Amendment in its entirety, including all attachments, do agree in each and every particular and have thus set their hands hereunto. Washington State Department of Ecology DocuSigned by: By: 8/20/2025 Jon Kenning, PhD Water Quality Program Manager Template Approved to Form by Attorney General's Office City of Port Orchard - Public Works By:E1i DocuSigned , by: r�l mA,S1/tk' 8/20/2025 88B5D0E74EF... Date Robert B Putaansuu Mayor Date Template Version 10/30/2015