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HomeMy WebLinkAbout2022/04/05 - Belfair Sewer Packet BOARD OF MASON COUNTY COMMISSIONERS SPECIAL MEETING AGENDA 411 North Fifth Street, Shelton, WA 98584 6:00 p.m., Tuesday, April 5, 2022 Our Commission meetings are live streamed at http://www.masonwebtv.com/ In-person attendance is restricted. During this time,we will accept public comment and testimony using Zoom.Please click the Zoom meeting link posted on the Mason County homepage and use the"raise hand"feature to be recognized by the Chair to provide your comments and testimony. You can also e-mail msmith(a)masoncount w�a.,,gov;mail in to the Commissioners'Office at 411 N 5`h St,Shelton,WA 98584;or call(360)427-9670 ext.230. If you need to listen to the Commission meeting via telephone,please provide your telephone number to the Commissioners'Office no later than 4:00 p.m.the Friday before the meeting. These options are available only while COVID-19 Open Public Meetings Act(OPMA)meeting restrictions are in place. 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. 6:00 p.m. Public Hearings and Items Set for a Certain Time Please see above options to provide public testimony. These options are available only while COVID-19 OPAM meeting restrictions are in place. 4.1 Public Hearing continued from March 1, 2022 to consider the proposed extension of the Belfair sewer. Staff. Mark Neary 5. Adjournment Agendas are subject to change,please contact the Commissioners'Office for the most recent version. Last printed 03/31/22 at 12:40 PM If special accommodations are needed,contact the Commissioners'Office at(360)427-9670 ext.419 MASON COUNTY HEARING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Loretta Swanson, Director and Richard Dickinson, Deputy Director DEPARTMENT: Public Works EXT: 652 HEARING DATE: April 5, 2022 CONTINUATION: from March 1, 2022 INTERNAL REVIEW (please check all that apply): 4 Budget/Finance ❑ Human Resources L Legal ❑ Other — please explain ITEM: Belfair Sewer Extension — Hearing Continuation and Action EXECUTIVE SUMMARY: Mason County received the Commerce grant to design a sewer extension for the Belfair Water Reclamation facility. The bid package is complete and ready to advertise. BUDGET IMPACT: A Public Works Board Loan to finance project costs has been executed and amended. The amendments include: • Identifying the loan security as a General Obligation of Mason County; • Removing the requirement to adopt a rate increase or demonstrate increased ERUs prior to project completion; and ■ Revising the Scope of Work to reflect that construction stops in the Log Yard Road vicinity. The Commerce Loan has a project completion date of no later than April 9, 2025. Performance incentives are offered if a Certified Project Completion Report is submitted by April 9, 2023 (36 months after contract execution) or April 9, 2024 (48 months after execution). Incentives for 36-month completion are no longer being considered. The loan also includes a 5% loan forgiveness provision, which equates to $250,000 on a $5 million project. RECOMMENDED OR REQUESTED ACTION: Move that the Board select one of the following actions 1. Take no action authorizing ad to invite bids. 2. Authorize advertising the invitation to bid. Attachments: Commerce Loan/Grant Amendments Schedule and Critical Dates DocuSign Envelope ID:4B78F43B-B144-4OC4-BA74-B4A7EA9ECAOB CONTRACT FACE SHEET Contract Number: PG20-96103-001 Amendment: B PUBLIC WORKS BOARD CONSTRUCTION LOAN CONTRACT 1. Contractor 2. Contractor Doing Business As (optional) Mason County N/A 100 W Public Works Dr. Shelton, WA 98584 3. Contractor Representative 4. Public Works Board Representative N/A N/A 5. Contract Amount 6. Amendment 7. New Contract Amount $2,000,000.00 Amount $2,000,000.00 8. Amendment Funding Source 9. Amendment Start Date 10. Contract End Date Federal: ❑ State: 0 Other: ❑ N/A: ❑ Amendment Execution Date June 30, 2023 (subject to re-appropriation) 11. Federal Funds (as applicable) Federal Agency CFDA Number N/A N/A N/A 12.Tax ID# 13. SWV# 14. UBI # 15. DUNS# 0001893-03 232-002-101 n/a 16. Amendment Purpose The purpose of this amendment is to revise the Scope of Work. The Board, defined as the Washington State Public Works Board and Borrower/Contractor acknowledge and accept the terms of this Agreement/Contract As Amended and have executed this Agreement/Contract Amendment on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this Agreement/Contract As Amended are governed by this Agreement/Contract Amendment and the following other documents incorporated by reference: Amendment Terms and Conditions. A copy of this Agreement/Contract Amendment shall be attached to and made a part of the original Agreement/Contract between the Board and the Borrower/Contractor. Any reference in the original Agreement/Contract to the "Agreement" or the"Contract"shall mean the"Agreement As Amended"or"Contract As Amended," respectively. FOR THE CONTRACTOR FOR PUBLIC WORKS BOARD s4mdW •+W. 4 SWwt,SdH. F,A 1 7 Signs ure Ka ryn artlow, Public Works Board Chair Loretta Swanson 3/17/2022 1 1:53 PM PDT Print Name Date Public Works Director Title APPROVED AS TO FORM ONLY 3/17/2022 1 9:50 AM PDT This 141h Day of March, 2013 Date Bob Ferguson Attorney General Signature on File Kathryn Wyatt Assistant Attorney General DocuSign Envelope ID:4B78F43B-B144-4OC4-BA74-B4A7EA9ECAOB DECLARATIONS CLIENT INFORMATION Legal Name: Mason County Loan Number: PG20-96103-001 Amendment: B PROJECT INFORMATION Project Title: Belfair Sewer Extension Project City: Belfair Project State: Washington Project Zip Code: 98528 LOAN INFORMATION Grant Amount: $2,000,000.00 Total Estimated Cost: $12,600,000.00 Total Estimated Funding: $12,600,000.00 Appropriation Number: SHB 1102 Section 1031 Grant End Date: June 30, 2023 (subject to re-appropriation) Grant Earliest Date for Construction Reimbursement: May 21, 2019 SPECIAL TERMS AND CONDITIONS GOVERNING THIS GRANT AGREEMENT N/A SCOPE OF WORK Acquire necessary property rights to design and construct a sewer lift station, gravity sewer and pressure main extending from the northernmost terminus of the existing sanitary sewer system to Log Yard Road just east of SR 3. Create a collection system crossing underneath the Navy Rail line and a point of future connection to the Puget Sound Industrial Center(PSIC). The project costs may include, but are not limited to: engineering, cultural and historical resources, environmental documentation, review, permits, public involvement, easements, and bid documents. The project needs to meet all the applicable Local, State, and/or Federal standards. 2 DocuSign Envelope ID:4B78F43B-B144-4OC4-BA74-B4A7EA9ECAOB AMENDMENT TERMS AND CONDITIONS Washington State Department of Commerce PUBLIC WORKS BOARD CONSTRUCTION LOAN CONTRACT Contractor/Borrower: Mason County Contract Number: PG20-96103-001 Amendment Number: B The purpose of this amendment is to revise the Scope of Work of the above referenced Public Works Board Program. The Public Works Board (or its successors), a department of the State of Washington, (hereafter referred to as the"Board") and the Contractor, listed above and on the attached Face Sheet, agree to amend the declared loan as described below. The SCOPE OF WORK is amended to delete the original declared Scope of Work and replace it with the SCOPE OF WORK as shown on the attached Declarations Page. The Scope of Work, where referenced in the Contract's Special Terms and Conditions section, shall refer to this amended text. 3 DocuSign Certificate Of Completion Envelope Id:4B78F43BB1444OC4BA74B4A7EA9ECAOB Status:Completed Subject:Please DocuSign:PG20-96103-001_PWB_Construction_Grant_Amend_Scope_Change.DOC Division: Local Government Program:PWB ContractNumber:PG20-96103-001 DocumentType: Contract Amendment Source Envelope: Document Pages:3 Signatures:2 Envelope Originator: Certificate Pages:5 Initials:0 Jason Freeze AutoNav:Enabled 1011 Plum Street SE Envelopeld Stamping:Enabled MS 42525 Time Zone:(UTC-08:00)Pacific Time(US&Canada) Olympia,WA 98504-2525 jason.freeze@commerce.wa.gov IP Address: 147.55.149.193 Record Tracking Status:Original Holder:Jason Freeze Location:DocuSign 3/17/2022 8:21:43 AM jason.freeze@commerce.wa.gov Security Appliance Status:Connected Pool:StateLocal Storage Appliance Status:Connected Pool:Washington State Department of Commerce Location:DocuSign Signer Events Signature Timestamp Kathryn A Gardow o—Signed by: Sent:3/17/2022 8:29:09 AM a,' . pwbgardowk@gmail.com '"�T . Viewed:3/17/2022 1:52:57 PM Security Level:Email,Account Authentication ET245D4=B7D42E Signed:3/17/2022 1:53:45 PM (None) Signature Adoption:Uploaded Signature Image Using IP Address:75.172.120.186 Electronic Record and Signature Disclosure: Accepted:3/17/2022 1:52:57 PM ID:a432eac3-1068-4673-84b3-8daf2489bfba Loretta Swanson by: Sent:3/17/2022 8:29:09 AM LorettaS@masoncountywa.gov ED—Signed 6klAa Sw#.VSsm Viewed:3/17/2022 9:50:30 AM Security Level:Email,Account Authentication A25NDA740004BD Signed:3/17/2022 9:50:53 AM (None) Signature Adoption:Pre-selected Style Using IP Address:216.235.103.241 Electronic Record and Signature Disclosure: Accepted:3/17/2022 9:50:30 AM ID:74165e55-9512-468d-badb-f4e5fd941 fe 1 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 3/17/2022 8:29:09 AM Certified Delivered Security Checked 3/17/2022 9:50:30 AM Signing Complete Security Checked 3/17/2022 9:50:53 AM Completed Security Checked 3/17/2022 1:53:45 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on:8/11/2020 4:44:12 PM Parties agreed to:Kathryn A Gardow,Loretta Swanson ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Washington State Department of Commerce(we, us or Company)may be required by law to provide to you certain written notices or disclosures.Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly,and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD),please confirm your agreement by selecting the check-box next to `I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system. Getting paper copies At any time,you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days)after such documents are first sent to you.After such time, if you wish for us to send you paper copies of any such documents from our office to you,you will be charged a $0.15 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein,we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements,and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure,we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus,you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process,please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact Washington State Department of Commerce: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: docusign@commerce.wa.gov To advise Washington State Department of Commerce of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you,you must send an email message to us at docusign@commerce.wa.gov and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address. If you created a DocuSign account, you may update it with your new email address through your account preferences. To request paper copies from Washington State Department of Commerce To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to docusign@commerce.wa.gov and in the body of such request you must state your email address, full name,mailing address,and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with Washington State Department of Commerce To inform us that you no longer wish to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to docusign@commerce.wa.gov and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: hgps:Hsupport.docusi n com/ uides/signer- ide- signing-system-requirements. Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically,which will be similar to other electronic notices and disclosures that we will provide to you,please confirm that you have read this ERSD,and(i)that you are able to print on paper or electronically save this ERSD for your future reference and access; or(ii)that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein,then select the check-box next to `I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system. By selecting the check-box next to `I agree to use electronic records and signatures',you confirm that: • You can access and read this Electronic Record and Signature Disclosure; and • You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and • Until or unless you notify Washington State Department of Commerce as described above,you consent to receive exclusively through electronic means all notices, disclosures, authorizations,acknowledgements, and other documents that are required to be provided or made available to you by Washington State Department of Commerce during the course of your relationship with Washington State Department of Commerce. DocuSign Envelope ID:42408F8A-7103-4AEE-86CD-77FCA10781377 CONTRACT FACE SHEET Contract Number: PC20-96103-157 Amendment: B PUBLIC WORKS BOARD CONSTRUCTION LOAN CONTRACT 1. Contractor 2. Contractor Doing Business As (optional) Mason County N/A 100 W Public Works Dr. Shelton, WA 98584 3.Contractor Representative 4. Public Works Board Representative N/A N/A 5. Contract Amount 6. Amendment 7. New Contract Amount $8,000,000.00 Amount $8,000,000.00 8. Amendment Funding Source 9. Amendment Start Date 10. Contract End Date Federal: ❑ State: Q Other: ❑ N/A: ❑ Amendment Execution Date June 1, 2039 11. Federal Funds (as applicable) Federal Agency CFDA Number N/A N/A N/A 12. Tax ID# 13. SWV# 14. UBI # 15. DUNS# 0001893-03 232-002-101 n/a 16. Amendment Purpose The purpose of this amendment is to revise the Scope of Work. The Board, defined as the Washington State Public Works Board and Borrower/Contractor acknowledge and accept the terms of this Agreement/Contract As Amended and have executed this Agreement/Contract Amendment on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this Agreement/Contract As Amended are governed by this Agreement/Contract Amendment and the following other documents incorporated by reference: Amendment Terms and Conditions. A copy of this Agreement/Contract Amendment shall be attached to and made a part of the original Agreement/Contract between the Board and the Borrower/Contractor. Any reference in the original Agreement/Contract to the "Agreement" or the"Contract"shall mean the"Agreement As Amended"or"Contract As Amended," respectively. FOR THE CONTRACTOR FOR PUBLIC WORKS BOARD Deeuskmd by: ned by *90L SWAWS&A. ,,.y Signature Kathryn ardow, Public Works Board Chair Loretta Swanson 3/17/2022 1 1:54 PM PDT Print Name Date Public Works Director Title APPROVED AS TO FORM ONLY 3/17/2022 1 9:44 AM PDT This 141h Day of March, 2013 Date Bob Ferguson Attorney General Signature on File Kathryn Wyatt Assistant Attorney General DocuSign Envelope ID:42408F8A-7103-4AEE-86CD-77FCA1078B77 DECLARATIONS CLIENT INFORMATION Legal Name: Mason County Loan Number: PC20-96103-157 Amendment: B PROJECT INFORMATION Project Title: Belfair Sewer Extension Project City: Belfair Project State: Washington Project Zip Code: 98528 LOAN INFORMATION Grant Amount: $8,000,000.00 Total Estimated Cost and Funding: $12,600,000.00 Loan Forgiveness % (if applicable) 5% Loan Term: 20 Interest Rate: 0.79% Payment Month: June 1s' Loan Reimbursement Start Date: August 2, 2019 Time of Performance: 60 months from Execution Date of this Contract to Project Completion. SPECIAL TERMS AND CONDITIONS GOVERNING THIS LOAN AGREEMENT N/A LOAN SECURITY CONDITION GOVERNING THIS LOAN AGREEMENT This loan is a general obligation of the LOCAL GOVERNMENT. SCOPE OF WORK Acquire necessary property rights to design and construct a sewer lift station, gravity sewer and pressure main extending from the northernmost terminus of the existing sanitary sewer system to Log Yard Road just east of SR 3. Create a collection system crossing underneath the Navy Rail line and a point of future connection to the Puget Sound Industrial Center(PSIC). The project costs may include, but are not limited to: engineering, cultural and historical resources, environmental documentation, review, permits, public involvement, easements, and bid documents. The project needs to meet all the applicable Local, State, and/or Federal standards. 2 DocuSign Envelope ID:42408F8A-7103-4AEE-86CD-77FCA1078B77 AMENDMENT TERMS AND CONDITIONS Washington State Department of Commerce PUBLIC WORKS BOARD CONSTRUCTION LOAN CONTRACT Contractor/Borrower: Mason County Contract Number: PC20-96103-157 Amendment Number: B The purpose of this amendment is to revise the Scope of Work of the above referenced Public Works Board Program. The Public Works Board (or its successors), a department of the State of Washington, (hereafter referred to as the"Board") and the Contractor, listed above and on the attached Face Sheet, agree to amend the declared loan as described below. The SCOPE OF WORK is amended to delete the original declared Scope of Work and replace it with the SCOPE OF WORK as shown on the attached Declarations Page. The Scope of Work, where referenced in the Contract's Special Terms and Conditions section, shall refer to this amended text. 3 DocuSign Certificate Of Completion Envelope Id:42408F8A71034AEE86CD77FCA1078B77 Status:Completed Subject:Please DocuSign:PC20-96103-157_PWB_Construction_Loan_Amend_Scope_Change.DOC Division: Local Government Program:PWB ContractNumber:PC20-96103-157 DocumentType: Contract Amendment Source Envelope: Document Pages:3 Signatures:2 Envelope Originator: Certificate Pages:5 Initials:0 Jason Freeze AutoNav:Enabled 1011 Plum Street SE Envelopeld Stamping:Enabled MS 42525 Time Zone:(UTC-08:00)Pacific Time(US&Canada) Olympia,WA 98504-2525 jason.freeze@commerce.wa.gov IP Address: 147.55.149.193 Record Tracking Status:Original Holder:Jason Freeze Location:DocuSign 3/17/2022 8:29:23 AM jason.freeze@commerce.wa.gov Security Appliance Status:Connected Pool:StateLocal Storage Appliance Status:Connected Pool:Washington State Department of Commerce Location:DocuSign Signer Events Signature Timestamp Loretta Swanson by: Sent:3/17/2022 8:31:37 AM LorettaS@masoncountywa.gov ED—Signed eO& SWau.SDu. Viewed:3/17/2022 9:41:46 AM Security Level:Email,Account Authentication A2509DA74000180. Signed:3/17/2022 9:44:15 AM (None) Signature Adoption:Pre-selected Style Using IP Address:216.235.103.241 Electronic Record and Signature Disclosure: Accepted:3/17/2022 9:41:46 AM ID:83d137b6-9c50-4397-afff-c5f8b16a591d Kathryn A Gardow ED-819ned by; Sent:3/17/2022 9:44:17 AM pwbgardowk@gmail.com Viewed:3/17/20221:54:11 PM Security Level:Email,Account Authentication 72450402eB7D42E... Signed:3/17/2022 1:54:31 PM (None) Signature Adoption:Uploaded Signature Image Using IP Address:75.172.120.186 Electronic Record and Signature Disclosure: Accepted:3/17/2022 1:54:10 PM ID:b2d92ac1-1801-4572-8cb9-e63e6da422c7 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 3/17/2022 8:31:37 AM Certified Delivered Security Checked 3/17/2022 1:54:11 PM Signing Complete Security Checked 3/17/2022 1:54:31 PM Completed Security Checked 3/17/2022 1:54:31 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on:8/11/2020 4:44:12 PM Parties agreed to:Loretta Swanson,Kathryn A Gardow ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Washington State Department of Commerce(we, us or Company)may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD),please confirm your agreement by selecting the check-box next to `I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system. Getting paper copies At any time,you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days)after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you,you will be charged a $0.15 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein,we will provide electronically to you through the DocuSign system all required notices,disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure,we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us.Thus,you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process,please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact Washington State Department of Commerce: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: docusign@commerce.wa.gov To advise Washington State Department of Commerce of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you,you must send an email message to us at docusign@commerce.wa.gov and in the body of such request you must state: your previous email address,your new email address. We do not require any other information from you to change your email address. If you created a DocuSign account,you may update it with your new email address through your account preferences. To request paper copies from Washington State Department of Commerce To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to docusign@commerce.wa.gov and in the body of such request you must state your email address, full name,mailing address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with Washington State Department of Commerce To inform us that you no longer wish to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent,or you may; ii. send us an email to docusign@commerce.wa.gov and in the body of such request you must state your email, full name, mailing address,and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https:Hsupport.docusi n� uig des/signer- ug ide- si rg ping_-system-requirements. Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically,which will be similar to other electronic notices and disclosures that we will provide to you,please confirm that you have read this ERSD,and(i)that you are able to print on paper or electronically save this ERSD for your future reference and access; or(ii)that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein,then select the check-box next to `I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system. By selecting the check-box next to `I agree to use electronic records and signatures', you confirm that: • You can access and read this Electronic Record and Signature Disclosure; and • You can print on paper this Electronic Record and Signature Disclosure,or save or send this Electronic Record and Disclosure to a location where you can print it,for future reference and access; and • Until or unless you notify Washington State Department of Commerce as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations,acknowledgements, and other documents that are required to be provided or made available to you by Washington State Department of Commerce during the course of your relationship with Washington State Department of Commerce. Schedule and Critical Dates 4/15/22—6/1/22 Advertise 6/15/22 Award (we have up to 60 days) 7/1/22 Agreement executed and bonds submitted 8/01/22 Material submittals complete/approved Navy Easement secure 4/9/23 Commerce Incentive Options C and D expire 11/01/23 Project Complete 3/1/24 Project Certification to Commerce 4/9/24 Commerce Incentive Options A and B expire 4/9/25 Project must be complete