HomeMy WebLinkAboutR-2012-019 Water Treatment Plant Backwash Storage Project Loan from the Drinking Water State Revolving Fund RESOLUTION NO. R- 2012 -19
A RESOLUTION authorizing the City Manager to execute documents and
agreements pursuant to a loan from the Drinking Water State
Revolving Fund totaling $3,514,800.
WHEREAS, the City of Yakima (City) owns and operates a water treatment facility in
accordance with applicable Federal, State and Local regulations; and
WHEREAS, the City of Yakima has developed and adopted a Water System Plan; such a
plan being necessary to determine the needs of the water system for health, safety and
well being of the people; and
WHEREAS, the plan was developed in accordance with the requirements of WAC 246-
290; and
WHEREAS, the plan identifies facilities and systems required to be constructed, improved
and rehabilitated at the Naches River Water Treatment Plan that address present and
future water quality and mandated (regulatory and renewal /safety) requirements
; and
WHEREAS, the cost of engineering, design, and construction of the Water Treatment
Plant is eligible for low interest loans from the Drinking Water State Revolving Fund; and
WHEREAS, it is necessary that certain conditions be met as part of the application
process RCW 43.155.060 requires that the project will be advertised for competitive bids
and administered according to standard local procedure; and
WHEREAS, any loan arising from this application constitutes a debt to be repaid, and
Dave Brown, Water /Irrigation Division Manager has reviewed and concluded it has the
necessary capacity to repay such a loan; and
WHEREAS, the information in this application is true and correct to the best of the
government's belief and knowledge and it is understood that the state may verify
information, and the untruthful or misleading information may be cause for rejection of this
application or termination of any subsequent loan agreement(s); and
NOW THEREFORE, the City of Yakima certifies that it meets these requirements, and
further that it intends to enter into a loan agreement with the Drinking Water State
Revolving Fund , provided that the terms and conditions for a State Revolving Fund
agreement are satisfactory to all parties; now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute all applicable documents and
agreements pursuant to a loan from the Drinking Water State Revolving fund totaling
$3,514,800
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
ADOPTED BY THE CITY COUNCIL this 7 day of February, 2012.
c
Mayor
ATTEST:
41 0 y. e /1_ �►
City Clerk SEAL :
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Washington State
Public Works Board
Post Office Box 48319
Olympia, Washington 98504 -8319
Q , www.pwb.wa.gov
Capital Agreement between:
P 9
City of Yakima
and
Public Works Board
For:
Project Name: Water Treatment Plant Filter Backwash Lagoon Impro
Loan Number: DM11- 952 -038
Loan Type: Drinking Water State Revolving Fund (DWSRF)
2011, New Traditional
(Municipal)
Contract Start Date: Contract Execution Date
Department of Commerce
N _ innovation is in our nature.
Washington State Department of Commerce
www.commerce.wa.gov
TABLE OF CONTENTS
CONTRACT FACE SHEET 1
CONTRACT TERMS AND CONDITIONS 2
Part 1. SPECIAL TERMS AND CONDITIONS 2
PREAMBLE 2
11 Definitions. 2
12 Authority :.::....:. :..... 2
1 3 Purpose.: . . - ' ':. i T .. ... 2
1 4 Order of Precedence ......... a- ' , ' ` '
2
PROGRAM - SPECIAL TERMS AND CONDITIONS .. s' 3
1'5. AMOUNT OF LOAN ':. .. .... 3
' 1 '6', LOAN FEE. u . . 3
1 7 ..Term OF LOA ,. . �' 3
1:,8 RATE AND LOAN FORGIVENESS .. ' :. .. . 3
'1.9 .DISBURSEMENT .OFLOAN'#PROCEEDS AND REQUIRED DOCUMENTATION 3
.. 1..1'0 TIME Ok'PERFORMANCE .. . ... 4
1 ' 1 11. PROJECVCOMPLET AND THEtERTIFIED PROJECT. `:
=COMPLETION REPORT ='s ". ... . ... _ 5
,,, ^12 ,REPAYMENT �'.. ° $ 5
1 13 DEFAULT,IN REPAYMENT 5
1:14 LOAN SECURITY 6
. 1 15 HISTORICAL AND CULTURAL ARTIFACTS . ';i ‘._ .. . r " 6*
` - 1:16 FEDERAL AND STATE REQUIREMENTS 1' ..`. '� • ... . 7
ry '1 17" COMPETITIVE BIDDING REQUIREMENTS :. - . .. . " 7,
' 1 18 %= ELIGIBLE,PROJECT COSTS 7
1 191 PREVAILING WAGE :. . . ... .
1. SUSPENSION DEBARMENT. .. ' .. .... . 8
1 21` 'REGISTRATION WITH CENTRAL CONTRACTOR REGISTRATION (OCR) 8
1.22 RECORDKEEPING: ACCESS TO :RECORDS :, 8
1.23 .REPORTS. r ' ' _, '........ ... 8
1.24 AMENDMENTS, :: MODIFICATIONS, ASSIGNMENTS,,. AND WAIVERS 9
125' TERMINATION�FOR .CONVENIENCE- �. 9
1,.26 TERMINATION FOR CAUSE m 9
1 27 .'AUDIT . ' . . .. �, ., V - $ .,,." ' . 10
1 28 PROJECT SIGNS ..$ .. ' -- . 10
1 :29 DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS . .. .. 10
1 30 NONDISCRIMINATION PROVISION,'::. - 11
1 31 PROHIBITION STATEMENT= °' 11
1 32 FALSE, IN INCOMPLETEINFORMATION OR INCOMPLETE NFORMATION OR CLAIM . . 11
1 33. Litigation° . 12
1 34 ESTABLISHMENT OF; DATE RATES AND RESERVES. .. 12
1 35 SPECIAL CONDITIONS 12
Part 2. GENERAL TERMS AND CONDITIONS 13
21 DEFINITIONS .. 13
' 2.2 Administrative Cost Allocation ...... . 13
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_ .
2.3 AlloWable Costs' .. . . . . .. . 13
2.4 ALL WRITINGS CONTAINED HEREIN . ... . . 13
25 AMENDMENTS . . .. . . 13 '
2.6 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336,
also referred to as the "ADA" 28 CFR Part 35 . 13
27 APPROVAL . . . 13
2 8 ASSIGNMENT . . . . . ... 14
29 ATTORNEYS' FEES . . . . . .14
210 AUDIT. . -.... ... .. . . . 14
2 11 CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR INELIGIBILITY
AND VOLUNTARY EXCLUSION AND LOWER TIER COVERED
TRANSACTIONS - ' ;, -, 7:::t . _.. ..... . 15
2.12 CODE REQUIREMENTS '-'-';4*....'. -., .. . 16
2 13. CONFIDENTIALITY/SAFEGOARDING:OF INFORMATION . .. 16
-
214 CONFORMANCE - . . . 4 . :. . . 16
2 15 COPYRIGHT PRON2ISIONS . 16
:i.. , , ..
2 16 DISALLOWED COSTS -' " ' '.. . A.- ' . —:1.. 17
:2 1.7 DISPUTES ' -'-'''-' ,:,,:: . . ' ..,,
17
- . ... .
, .,'
218 DUPLICATE PAYMENT - -- 2 - , • ' , ., , . 17
-'
-i,2,19 ETHICS/CONELICTS INTEREST ,. . - ' .;.- , ' . ... . , : : . ,.: .. 17
'' GOVERNING LAW AND VENUE . ,,,,,,,, . ,.
, . ' :. 17
. ,_, , . .,.., 18 .
2 21,ANIUEMNIFICATION 2.' . ' , , z- . '. . .. :' L.
.
. .. .... .... . .
2'22 ' INDEPENDENT CAPACITY OF THECONTRACTORw .." '' , ' ' '11,8
'
2223 INDUSTRIAL INSURANCE COVERAGE', " ':. ..` ,-: ' ' - ' 18
2 24 LAWS ''' . .. . . , ..
..., ' °. [ ". ' . 18
2 25'LICENSINa' ACCREDITATION AND REGISTRATION -, . ' .... . . 20
2.26 ;.LIMITATION OF AUTHORITY ' ,' . ! ' .,' ..: 20 i:
2.27 LocaLpubliqTransportation Coordination .,. 41 's - . i' : !' 21;
2.28 - NONCOMPLIANCE WITH NONDISCRIMINATION LAWS -,, , - "., 21
2.29 NOTIFICATION OF TENANT RIGHTS/RESPONSIBILITIES ,. i .:--: 21
-2 30 POLITICAL ACTIVITIES , . ,.., .. . '" f 2,1'
.,
21 2 31 PREVAILING WAGE LAWS --:. :,.. iq. - ' ' ,, ., fi. . ‘, - . - !
2 32. PROCUREMENT'STANDARDS'FOR:FEDERALLY FUNDED PROGRAMS. 21
- ,
2 ia: Prohibition Against Payment of Bonu or Commission ,
-: .. - :,' 22
, • , , ‘ „ ,
2 34 PUBLICITY ,
. 22
2 35,-,RECXPTORE . , . . , ' -
. .. . . . . . ` 22
, , . . ,
2.36 RECORDS MAINTENANCE. . . '.: 23
2 37 REGISTRATION WITH DEPARTMENT OF REVENUE. .: . . 23
2 38 RIGHTZOF INSPECT , ION' '.- ,s, ',' , 23
.s,r• ,,
2 39 SAVINGS • :" '‘, ,. . .. . 23
2:4b SEVERABILITY'' .. : , i' '- .: , ... ..:''.:-.--.'- . e'
23
2 41 SUBCONTRACTING... .. ;. ' :‘`.' . 23
2 42 'SURVIVAL ' . „
.. 24
2 43 TAXES . . . 24
2 44 TERMINATION FOR CAUSE / SUSPENSION .. 24
2 45 TERMINATION FOR CONVENIENCE' . . . 24
2 46 TERMINATION PROCEDURES 24
2 47 WAIVER . . . . 25
2 48 WORK HOURS AND SAFETY STANDARDS .. . . . 25
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DM11-952-038 12/15/2011 DWSRF NT Loan Contract (Municipal)
ATTACHMENT I: SCOPE OF WORK • 26
A. PROJECT'S SCOPE OF WORK 26
B. ESTIMATED PROJECT COSTS 27
C. ANTICIPATED PROJECT FUNDING 28
ATTACHMENT 11: ATTORNEY'S CERTIFICATION 29
ATTACHMENT III: FEDERAL AND STATE REQUIREMENTS 30
ATTACHMENT IV: DISADVANTAGED,,BUSINESS 'ENTERPRISE REQUIREMENTS 31
ATTACHMENT V: CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND
OTHER RESPONSIBILITY MATTERS . ,, 33
ATTACHMENT VI: DWSRF,ELIGIBLE PROJECT COSTS ° '° 34
ATTACHMENT VII: LrABORSTANDARD PROVISIONS FOR SUBRECIPIENTS THAT ARE
GOVERNMENTAL ENTITIES. ' ., 36
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City of Yakima Page iii Table of Contents
DM11- 952 -038 12/15/2011 DWSRF NT Loan Contract (Municipal)
CONTRACT FACE SHEET
Contract Number: DM11-952-038
Washington State Department of Commerce
PUBLIC WORKS BOARD
DRINKING WATER STATE REVOLVING FUND
NEW TRADITIONAL
(MUNICIPAL):
1. Contractor 2. Contractor Doing Business As (optional)
City of Yakima , , ,N/A
2301 Fruitvale Blvd
Yakima, WA 98902,
3. Contractor 4. Public WOrks
N/A N/A
5. Contract Amount 0: Funding SOUTCq 7 Start Date 8.,End'Date
$3,514,8,99.09:, Other • El N/ki'Ltl"
era .
;COntract Execution Date , October 1, 2035
9. Federal kindsias applicable)7 Federal Agency,. CFDA Number
EPA z-;='` 66468
10. Tax ID # 11. SWV# 12. U19144-' 13. DUNS #
9.1600129. syvv000712203 , 7,82A2651
Contract Purpose
The purpose of this Contract is to provide funding for a project of a local'AciverriMent that furthers thegoalS and
objectives of the Drinking WaterStatePevolving Fund Loan Program ' project will be undertaken by the Contractor
and will incude the activities described in Attachment I Scope of Work'.
Thel3oard;, defined as the Washington State Public Works Board, and Contractor acknowledge and accept the!terms of
this Contract and attachments and have executed this Contract on the'dete',betow to start as of the date and y last
Written belOW The rights end:obligatioh)t:both parties to this Contract are governed by this Contract and th&following
other documents incorporated by-,referente:' Terms and Conditions including AttaChniehtl Seopeiof Work;
AttachrnentlittorneysertifiOatiOnAttachtnent'lli: State Requirements AftaChmenfiV:,bisadVantaged
Business Enterprise Requirements Attachment V Certification Regarding Debarment SuspenSiOn, and Other
Responsibility Matters Attachment VI. DWSRF Eligible Project COStS:and Attachment VII. Labor,:Standardlprovisions
for Subrecipients that are not
FOR THE CONTRACTOR .
:!FOR k
■■■.,„■
Signature ^ - LaRocgC167EXetutiv - iirector
//,4 2a p--
Print Name
Date
7C, f
,a/t j e.,--
717
APPROVED AS TO FORM ONLY
Title
- This lOth ,dav October, 2011
of/Oe/ Rbb,IVIOKenna
Date / Attorney General
Signature on File
Kathryn Wyatt
Assistant Attorney General
CITY CONTRAC r No:, 44
RESOLUTION NO: ,,, Aen - / e i
City of Yakima Page 1 Contract Face Sheet
DM11-952-038 12/15/2011 DWSRF NT Loan Contract (Municipal)
CONTRACT TERMS AND CONDITIONS
DRINKING WATER STATE REVOLVING FUND
NEW TRADITIONAL
(MUNICIPAL)
Part 1. SPECIAL TERMS AND CONDITIONS
,.„..... -
PREAMBLE.
1.1. Definitions
As used throughout this Drinking WaterState RevolvingfundlLOan Co,ritract following terms shall
have the meaning setforthbelow
- . ' ' , ' , ' ,e ,-; . • • ' ,
A. !'Contract shall mean this Drinking Water StateRevolVing Fund Lon'
B ' "Contractor shall mean the Local Governi on,the:Contract Face Sheet performing
- .ei this Contract and who is party'tb the.CdritraCt and shall include all employees
and 'agents ofthe,COntractor
C ' ‘ .:The Board shall rmean the Washington State Public Works Boardicreated Revised'Codeof ,
Washington (RCW) 43 155 030, and who is a Party to the-dontract.
ID: "Department of Health" shall mean the Washington State Department of Health Office of
,
- Drinking Water who is the recipient of the Drinking Water State Revolving Fund grant and
i regulates drinking'water systems in the State of Washington
1.2: Authority
Abting under the authority of RCW 70 1I9A.170 and RCW 43 155 040, the Board has awarded the 7 '
... ,
Contractor a Drinking Water State RevOlvingFund loan for'an: project. The Contratior will be a
,
sub-recipient of funds provided by the United States EnvironrnentalProtedtiorrAgency, CFDA' Number
66 468, Title Safe Drinking Water State Revolving Fund, award year 2011..1,'„
.... ,
1.3. Purpose
The Board and the Contractor have entered into this Contract to undertake alocalproject that furthers the
goals and'objectives of theDrinking Water 'State Revblying Fund Loan Program The project will be
undertaken by the Contractor and will include the activities described in Attachment I Scope of Work.
The project MUst be undertakenin accordance'W the following Program Special Terms and Conditions
and all applicable federal, State and locarlaws,and ordinances, including,but not limited to those
specifically enumerated in Attachment 111 .
1.4. Order of Precedende:,
In the event of an incon in this Contract the inconsistency shall be re solved by giving precedence
in the following order
A. Applicable federal and State of Washington statutes and regulations
B Special Terms and Conditions including attachments.
C General Terms and Conditions
City of Yakima Page 2 Contract Terms and Conditions
DM11-952-038 12/15/2011 DWSRF NT Loan Contract (Municipal)
PROGRAM SPECIAL TERMS AND CONDITIONS
_ 1.5. AMOUNT OF LOAN
The Board, using funds appropriated from the Drinking Water Assistance Account, shall loan the
Contractor a sum not to exceed $3,514,800.00, which includes a loan fee of $34,800.00
1.6. LOAN FEE
The loan fee of $34,800.00 represents one percent (1 %) of the loan request and shall not be reduced,
regardless of the actual final loan amount at project completion If the total loan amount is increased
through an amendment, an additional loan fee equal to one percent,(1 %) of the additional loan amount
will be assessed at amendment execution " _'
1.7. TERM OF LOAN
The term of the loan. shall not exceed 24• years, beginning at contract execution with the final payment
due October 1, 2035 , " .
1.8. RATE AND LOAN FORGIVENESS
The interest rate shall be 1:50 %per. annum on the'outstanding,principal balance, based o a three
hundred and sixty (360) day year composed of twelve (12) thirty;(30) day.months. There shall be no
loan .forgiveness. _. .
-
1.9. - DISBURSEMENT OF LOAN' PROCEEDS. AND REQUIRED - DOCUMENTATION `, ' ,
If funding or appropriation is not available at the time the Contractor submits a request for a'loan , Y -
disbursement, the issuance of a warrant will be delayed or suspended until such time - funds become ,
available Therefore, subject to:availability of funds, warrants shall be issued to the Contractor for,
's .Payment of°allowable expenses. incurred by the Contractor while undertaking ; and -administering approved.,
project activities in accordance with :Attachment I Scope of Work-
' - -_ - I '
The loan funds will be disbursed to the Contractor as follows- - t• .. ,
Upon formal execution of this Contract„ the• disbursement of loan proceeds up to ninety percent (90 %) of. >z`
, the loan amount may be requested.tirTen percent ,(1.0%) of loan proceeds.will-be held until < project ;'
completion The. total Drinking Water State Revolving Fund 1.41° shall not exceed one hundred' percent
(100 %) of the. actual.eligible "'project costs , . . .
When requesting reimbursement for costs. incurred, "the Contractor shall.submit a`srgned:and completed
Invoice Voucher (Form A19), referencing ATTACHMENT I SCOPE OF WORK project activity
performed, and any appropriate documentation such,as bills, invoices, and, receipts The purchase of any
land necessary and integral. to'tlie project must be included :in the Attachment l Scope of Work and be
documented with an appraisaLgr other market valuation and a valid purchaseand sale agreement. The
Invoice Voucher must be certified by an official of the Contractor with authority to bind the Contractor
The first Invoice Voucher (A19) request shall.be for theloan.fee of $34,800.00 The loan fee will be
assessed at contractexecution.. 1
Each succeeding Invoice Voucher (Form A19) must be accompanied lby a Project Status Report, which
describes, in narrative form, the progress - made on the project since the last invoice was submitted, as
well as a report of project status to date The Board will not release payment for any reimbursement
request received unless and until the Project Status Report is received After approving the Invoice
Voucher and the Project Status Report, the Board shall promptly remit a warrant to the Contractor
City of Yakima Page 3 Contract Terms and Conditions
DM11- 952 -038 12/15/2011 DWSRF NT Loan Contract (Municipal)
Construction expenses incurred after August 3, 2011, are eligible for reimbursement. Requests for
reimbursements for costs related to construction activities will not be accepted until the Contractor has
met the following conditions.
A. Issued a Notice to Proceed which follows the formal award of a construction contract;
B Completed the State Environmental Review Process,
C Complied with all provisions of Section 106 of the National Historic Preservation Act of 1966,
D Complied with Section 1 19 Prevailing Wage,
E. Obtained approval from the Department of. Health of"the project report and related construction
documents for all applicable activities described in Attachment I* Scope. of Work, and
F Complied with any other loan conditions required by Department "of.Health or the Board
The Contractor shall submit all Invoice Vouchers and all required documentation to ..
Contracts Administration Unit -- ,
Department of Commerce
' PO Box 42525 , ,. '
Olympia,;.WA 98504 -2525 .,.
The Board will pay the Contractor upon acceptance of the work' performed and receiptof properly. • ' ` ' -
• completed invoices Invoices, may be submitted to the Board not;more often than - monthly .,, -
' Payment shall be considered timely if made by the Board within thirty. (30)'calendar days after receipt
properly completed -invoices',.Payment shall be sent to the address designated by the Contractor '
The .Board. may, at its sole discretion, terminate the contract or withhold'payments claimed by the ` ^
Contractor'for services rendered if the Contractor fails to satisfactorily comply with any term or condition ,1
of this contract.
No payments in advance or in anticipation r s
tion of s ervices oupplies to be provided under this contract-` shall
be made,by the board,' - - :� °
In the event that the. Contractor, receives reimbursement for costs that are later determined by.,the Board
to be ineligible, these funds shall be repaid to -the Drinking Water Assistance Account by payment to the
Department of Commerce, or its successor ;.-together with the of_the'Project Completion
Amendment.
At the time of project completion, the Contractor shall submit to the Board a Certified Project Completion
Report certifying the total actual project costs, and a final voucher -for the remaining eligible funds The
Certified Project Completion Report shall include a copy of the Construction Completion Report as
submitted to Department of Health.
` rx 4
1.10. TIME OF PERFORMANCE '
The Contractor shall begin the activities identifiedwithin Attachment I. Scope of Work no later than thirty (30)
days after Contract execution No later than forty -eight (48) months after the date of Contract execution, the
Contractor must reach project completion
In no case shall construction activities begin until the Contractor complied with all provisions of Section 106
of the National Historic Preservation Act of 1966
City of Yakima Page 4 Contract Terms and Conditions
DM11- 952 -038 12/15/2011 DWSRF NT Loan Contract (Municipal)
Failure to meet Time of Performance within the time frame described in this section shall constitute default
under this Contract, and as a result, this Contract may be terminated In the event of extenuating
circumstances, the Contractor may request, in writing, at least 60 days prior to the expiration of project
completion date that the Board extend the deadline for project completion The Board may, by a two- thirds
vote, extend the time of project completion
The term of this Contract shall be for the entire term of the loan, regardless of actual project completion,
unless terminated sooner as'provided herein , -
1.11. PROJECT COMPLETION AMENDMENT AND THE CERTIFIED PROJECT COMPLETION REPORT
The Contractor shall initiate a Project Completion Amendment by submitting a Certified Project
Completion Report when activities identified in Attachmentl: Scope ofWork are complete and the
Contractor agrees that. no additional eligible costs will be reimbursed The Board will supply the
Contractor with the Certified Project Completion Report-documents upon request.
In the Project Completion Amendment, the Contractor will provide the following information to the Board
A. A certified statement of the actual dollar amounts spent, from all fund sources, in completing the
project as described'in Attachment I Scope of Work.
. ; '
B Certification that all:costs associated with the project have been incurred ' Costs are..incurred
' when goods and services are received and /or contract ,work is performed :A£',
' C: A copy of the Departmentof,;Health Construction Completion Report as submitted to Department,
' of Health
D Evidence documenting compliance with audit requirements as referenced'in Section 1.2.
E. A final voucher. for the remaining eligible funds - ,.. -
T Project Completion,Amendment ; shall serve as an amendment to this determining the final lo
amount and term of the'loan ; , -. >'
1.12. RE n
Pursuant to 40 'CFR, Section 35 3525 6)(1)(i), arr assistance recipient begins annual repayment of principal
and interest no later than one year after project completion The first repayment installment'of principal and
any interest accrued to-date under this Contract-isdueon October 1,t of'the first,twelve (12) months
following project completion. All subsequent payments shall consist of principal.and. accrued interest due on
October 1s` of eachryear during`the remaining term of the =loan ,
2
Repayment of the loan under this Contract shall include an interest rate of 1.50 %-per annum. Interest will
begin to accrue from the date each wan issued to the Contractor The final payment shall be on or
before October 1, 2035 of an amount sufficient to bring The loan balanceto zero
The Contractor has the :right to:repay the unpaid balance of the loan in full at any time or make accelerated
payments without penalty . _ ..
The Contractor will repay the loan in accordance with the.preceding conditions through the use of a check,
money order, or equivalent means made payable to the Washington State Department of Commerce, or its
successor
1.13. DEFAULT IN REPAYMENT
Loan repayments shall be made in accordance with Section 1 12 of this Contract. A payment not received
within thirty (30) days of the due date shall be declared delinquent. Delinquent payments shall be
assessed a monthly penalty beginning on the first (1') day past the due date The penalty will be one
City of Yakima Page 5 Contract Terms and Conditions
DM11- 952 -038 12/15/2011_, DWSRF NT Loan Contract (Municipal)
percent (1 %) per month or twelve percent (12 %) per annum of the delinquent payment.amount. These
same penalty terms shall apply if the repayment of loan funds determined to be ineligible costs are not
repaid within thirty (30) days as provided for in Section 1 9
The Contractor acknowledges and agrees to the Board's right, upon delinquency in the payment of any
annual installment, to notify any other entity, creditors, or potential creditors•of the Contractor of such
delinquency Contractor shall be responsible for all legal fees incurred by the Board in any action undertaken
to enforce its rights under this section
1.14. LOAN SECURITY
This Contract is a revenue obligation of the CONTRACTOR payable solely from the net revenue of the
Water system. Payments shall be made from the net revenue of the utility after the payment of the
principal and interest on,any,revenue bonds, notes, warrants or other• ;obligations of the utility having a lien
on that net revenue As used here "net revenue" means gross revenue minus expenses of maintenance
and operations. This option may be used only if;th'e entire project is a domestic water, sanitary sewer,
storm sewer or solid :waste.utility project..
The BOARD grants the Contractor the right to issue bonds and notes that,constitute a lien and
charge on the revenue source superior to the lien and charge of this :Loan Contract. Nothing in .this
section , 'Shall absolve the Contractor of its obligatione.to make loan' repayments when due;, and to::adjust
rates, fees; or surcharges, if necessary, to meet its obligations under.,this Contract. ,
1.15. HISTORICAL AND CULTURAL ARTIFACTS
The Contractor acknowledges that the project funded by this Contract is subject to Section 106 of th`e
National Historic Preservation. Act of 1966
' , k
Contractor agrees that Contractor is legally and financially responsible for compliance with all laws,;.
regulations, and agreements_ related to the preservation of historical or cultural artifacts and agrees to hold : .
harmless the State of Washington in 'relation to any claim related to such historical or cultural artifacts i
'
:discovered,` disturbed, or damaged, as a result of Contractor's public works'project.funded ~under this', '
Contract. ,
„
The Contractor agrees that in'no case shall construction activities;. ground disturbance, or excavation ofany,
sort, begin until the Contractor has complied with all provisions Of Section 106 of the. National. Historic ”
Preservation Act of 1966,.:as- amended through'2000 , -
wx" a
In addition, the Contractor shall not conduct or authorize destructive project planning activities before
completing compliance with Section 106 of the National Historic Preservation Act of 1966, as amended
through 2000, ,. "
If historical' cultural artifacts are discovered-during construction, the Contractor shall immediately stop
construction and implement reasonable measures to:protect the discovery site:from further disturbance,
take reasonable.steps to ensure confidentiality of the discovery site, restrict to the site, and notify
the concerned tribe's cultural staff or committee; Tribal Historical Officer (THPO), Cultural
Resources Program Manager at Washington State Departm of' Health, and the State's Historical
Preservation Officer (SHPO).at the Washington State Department of Archaeology and Historic Preservation
(DAHP) If human remains are uncovered, the Contractor shall report`tle presence and location of the
remains to the coroner and local,enforcement immediately, therrc`ontact DAHP and the concerned tribe's
cultural staff or committee
The Contractor shall require the above provisions to be contained in all contracts for work or services related
to Attachment I. Scope of Work. In no case shall construction activities begin until the Contractor has
complied with all provisions of Section 106 of the National Historic Preservation Act of 1966
In addition to the requirements set forth in this Contract, the Contractor agrees to comply with Native
American Graves Protection and Repatriation Act, Archaeological Resources Protection Act, Revised Code
City of Yakima Page 6 Contract Terms and Conditions
DM11- 952 -038 12/15/2011 DWSRF NT Loan Contract (Municipal)
of Washington (RCW) 27 44 regarding Indian Graves and Records, RCW 27 53 regarding Archaeological
Sites and Resources, RCW 68 60 regarding Abandoned and Historic Cemeteries and Historic Graves, and
Washington Administrative Code (WAC) 25 -48 regarding Archaeological Excavation and Removal Permits.
1.16. FEDERAL AND STATE REQUIREMENTS
The Contractor assures compliance with all applicable federal, state and local laws, requirements, and
ordinances as they pertain to the design, implementation, and administration of the approved project,
including but not limited to those listed in Attachments III, IV -and V
1.17. COMPETITIVE BIDDING REQUIREMENTS _
Pursuant to 40 CFR, Section 33 501(b) and (c), the Contractor also agrees to create and maintain a
bidders list for both Disadvantaged Business Enterprises (DBE). and Non - Disadvantaged Business
Enterprises (non -DBE) The purpose of a bidders listjs to provide the recipientand entities receiving
identified loans whocohduct "competitive bidding,with as accurate a database as-possible about the
universe of DBE and non -DBE prime and subcontractors- The list must include all firms that bid or quote
on prime contracts, or bid or quote subcontracts on..Environmental Protection Agency assisted projects,
including both DBE and non -DBE The,bidders list must only be kept until the grant = project period has
expired and therecipient is"no"tonger receiving Environmental Protection Agency funding .under the grant.
For entities receiving, identified loans, the bidders list must only" be kept until the project period,for the
identified loan has ended The following, information must be obtained from; all prime and subcontractors.
entity's name with Point'of contact; entity's mailing address, .telephone number, and a -mail - address., the .
procurement on which the entity bid or quoted, and when;` and entity's status as a DBE or non -DBE-
The Contractor agrees <to p rovide,,Environmental Protection Agency Form 6100 -2 DBE Subcontractor
Participation and Environmental Protection Agency Form 6100.3; DBE •Subcontractor Performance. to. all
its Disadvantaged Business Enterprise subcontractors , : -,
The Contractor shall requir Disadvantaged Business Enterprise pro
e. visions are contained in all contracts
with any subcontractors for work or:services related to Attachment I Scope of Work.: ..
,The Contractor shall comply the, provisions of RCW 43 155 060;,regarding competitive bidding ' '''
requirements for projects assisted'in whole or in part with money from the.Drinking Water State Revolving
Fund program '`
. :;
1.18. ELIGIBLE PROJECT , COSTS
The Contractor assures compliance with: VI. DWSRF,El Costs, which identifies ,
eligible costs,for'projects funded.by Drinking Water State Revolving <Fund'loans. ,..
1.19. PREVAILING WAGE. - , ,
These terms supersede the terms in Section .2 31 Prevailing Wage. Laws in Gen Terms acid
Conditions i . . , , ,
All contractors and subcontractors performing work on a construction project funded , .through this Contract
shall comply with prevailing wage laws "by paying the higher of.state.b'r` "federal prevailing wages according
to
State Prevailing Wages on Public. Works, Chapter 39 12 RCW, applicable to the Project funded by
this contract, including but,not limited to the filing of -the `:Statement of Intent to Pay Prevailing Wages"
and "Affidavit of Wages Paid" as required by RCW'39 12 040 The Contractor shall maintain records
sufficient to evidence compliance with Chapter 39 12 RCW; and shall make such records available for
Board's review upon request; or
The Davis Bacon Act, 40 U S C 276a- 276a -5 and related federal acts provide that all laborers and
mechanics employed by contractors or subcontractors in the performance shall be paid wages at rates
not less than those prevailing on similar construction in the locality as determined by the Secretary of
Labor
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The Contractor agrees that the Contractor is legally and financially responsible for compliance with the
prevailing wage requirements. Contractor is advised to consult the United States Department of Labor and
Washington State Department of Labor and Industries websites to determine the federal and State
prevailing wages that must be paid
The Contractor shall ensure that all contractors, subcontractors, engineers, vendors, and any other entity
for work or services listed in Attachment I Scope of Work shall insert in full, in any contract, the labor
standards provisions listed in ATTACHMENT VII LABOR_STANDARD PROVISIONS FOR
SUBRECIPIENTS THAT ARE GOVERNMENTAL ENTITIES Contractor shall report to the Board and /or
the Department of Health that this requirement has been met as stated in this Contract..
1.20. SUSPENSION AND DEBARMENT -
These Terms add to the;terms in Section 2.11 Certification Regarding Debarment, Suspension or
Ineligibility and Voluntary Exclusion,= Primary and Lower Tier'Covered'Transactions in General Terms
and Conditions The Contractor also agrees accessithe Excluded; Parties List System at www epls gov
and provide debarment and suspension documentation to the Board' and to3k a copy on file with the
Contractor's project records.
1.21. REGISTRATION WITH CENTRAL CONTRACTOR 'REGISTRATION (CCR)
By signing this'. Contract, the Contractor: accepts the requirements stated in 48 CFR•52.204 -7 to register with
the Central Contractor Registration °(CCR) database. at www ccr gov to register in CCR; a ° valid Data
Universal. Numbering, System'(DUNS) Number is required.,The Contractor is responsible for the accuracy
and completeness ofthe`data within'the CCR database andfor`any liabilit resulting'from the Government's.
reliance on, inaccurate incomplete.: data. The Contractor must remain registered` in the CCR database,after
the initial registration The Contractor is required to review and update on an annuaFbasis from the date of `,,
initial °registration or subsequent updates its information in the CCR database to ensure it is current,'. accurate `
and complete The Contractorshall provide evidence documenting registration and renewal `of °CCR
'registration tothe Board
In the� ° of the Contractor's noncompliance or refusal to comply wi the requirement "stated above, the ,
-Board reserves the right to suspend payment until the Contractor cures this noncompliance
1.22. RECORDKEEPING AND TO RECORDS
These terms supersede the terms in Section '2 36. Records Maintenance in General Terms and
Conditions.
- q.G
The Board, .the Board's agents,, and'duly authorized officials of the state and federal governments shall have
full access and the right to examine, copy excerpt,,or =transcribe`any pertinent documents; papers, records,
and books of the Contractor and of persons, firms, or organizations with which the Contractor may contract,
involving transactions related to this project and this Contract.
The Contractor agrees to retain these records fora period of six (6)' years from the date that the debt is
retired This includes but is not to financial reports. If any litigation, claim or audit is started before
the expiration of the six (6) year period, the records shall be retained until all litigation, claims or audit
findings involving the records have been resolved
1.23. REPORTS
The Contractor, at such times and on such forms as the Board may require, shall furnish the Board with
such periodic reports as it may request pertaining, to the activities undertaken pursuant to this Contract
including, ,but not limited to
A. Prevailing Wage decisions and /or changes;
B Disadvantaged Business Enterprises utilization,
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C Project Status Reports with each Invoice Voucher, -
D Certified Project Completion Report at project completion (as described in Section 1 11), and
E. Other reports as the Board may require
In the event of the Contractor's noncompliance or refusal to comply with the requirement stated above, the
Board reserves the right to suspend: payment until' the Contractofrcures this noncompliance
1.24. AMENDMENTS, MODIFICATIONS, ASSIGNMENTS, AND WAIVERS
These terms supersede the terms in Section .2.5 Amendments in General Terms and Conditions
The Contractor may request an amendment of this Contract for the purpose of modifying the Attachment I
Scope of Work or for extending the time of performance as provided for: in Section 1 10 . Any revision to the
scope of work or location of the project must be approved by the Departmentof Health' No modification or
amendment resultingin an extension of time shall take effect until-a request has been received and
approved. by the Board in accordance with Section 1 10' . _ .,„
Duringthe term of this loan,` any change in ownership of the water system(s) improved with funds received
by theContractor Under Contract must be approved "in writing by the Board As a condition of
approval, the Board reserves:the right to'demand.payrrient.in full of the outstanding principal balance of,
the loan
," No conditions` or of. this' Contract may be waived unless approved, by the Board in writing No
waiver of any default or breach. by any party shall be implied from anyfailure-to takeaction. Upon such
default or breach, if the default of breach persists or repeats ,
1 25. = TERMINATION FOR. CONVENIENCE ,r;
:.`. These terms. supersede., the" terms in Section 2.45 Termination for Convenience in General Terms'and £ "
Conditions. , w"
a,
The Board may: terminate this Contract in the event that federal.or state. funds are no longer available to , -
the Board, or are not appropriated for the :purpose of meeting =the Board's obligations' under this Contract.
The Board shall notify the,Contractor,'in writing of its determination to terminate and the reason for such,
termination - The effective date of the termination will; determined b'y the'Board If this Contract is`so.
terminated;; the Board shall be liable only for: payment required under the terms of this Contract for
services rendered or good's delivered prior to the effective date of termination Nothing in,.this section shall
affect Contractor's - obligations to repay the unpaid balance"of the °.loan°, "
1.26. TERMINATION FOR CAUSE
These terms" supersede theterms in Sectio :2 44. Termination for Cause /Suspension in General Terms
and Conditions ,
If the Board concludes that the Contractor has failed to comply with the terms and conditions of this
Contract, or has failed.to use the loan proceeds only for those activities identified in Attachment I Scope
of Work, or has otherwise materially breached one or more of thezovenants.in this Contract, the Board
may at any time, at its discretion, upon notice -to. the:Contractor, terminate the Contract and /or its attached
agreements in whole or in part, and declare the entire remaining balance of the loan, together with any
interest accrued, immediately due and payable in full -Such Notice of Termination for Cause shall be in
writing, shall state the reason(s) for such termination, and shall specify the effective date of the
termination The effective date of the termination will be determined by the Board Such notice shall
inform the Contractor of the breach of the relevant covenant and shall allow the Contractor at least thirty
(30) business days to cure such breach, if curable The notice shall instruct the Contractor that, if the
breach is not cured or cannot be cured within thirty (30) business days, the outstanding balance of the
loan shall be due and payable If this Contract is so terminated, the Board shall be liable only for payment
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required under the terms of this Contract for services rendered or goods delivered prior to the effective
date of termination Nothing in this section shall affect the Contractor's obligations to immediately repay
the unpaid balance of the loan as prescribed in the Washington Administrative Code (WAC) 246- 296 -150
(5)
1.27. AUDIT
These terms supersede the terms in Section 2 10. Audit in General Terms and Conditions
Audits of the Contractor's project activities may be conducted by the State Auditor Office (SAO) Audit
costs are eligible project costs. The Contractor shall:.maintain its records and accounts so as to facilitate
the audit requirements of the Board or its successor The Contractor is responsible for any audit findings
incurred by its own organization The Board "reserves the right to recover from the Contractor all
disallowed costs resulting from the audit.
In addition, Contractor's expending _$ 500,000 or more in any fiscal year in federal funds from all sources,
direct and indirect, required to have an.audit conducted in 'accordance with Office of Management and
Budget (OMB) Revised.Circular..A- 133 'Audits of States, Local,Governments, and Non- Profit
Organizations " The Contactor send a copy of any required audit Reporting Package as described
in OMB Circular A -1;33, Part C, Section 320(c) later than nine (9);months the end of the
Contractor's fiscal'.year(s) to ' ..
Department of`Cornmerce
ATTN Audit Review and Resolution Office - " <, ;< .
t. -' 1011 Plum Street SE , „
. Olympia 98504 -2525 •
. ,
In addition td ending a copy of the'audit, when applicable, the Contractor must include ,,
.
■ Corrective action plan for audit findings within three;(3), mo ;of the audit being received
by the Board.F. - r.
Copy of the Management Letter
x „
1.28. PROJECT SIGNS
If the Contractor displays, during the period covered by this Contract, any signs or markers id
those entities participating financially :in the approved project, the sign or, marker must identifythe
Washington State Public Works Board Drinking WaterState Revolving Fund, and the Washington; State
Department of Health ,, as participants in the project. ,
1.29. DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS :'.
As mandated by the Environmental Protection Agency, the: Contractor agrees to comply with the
requirements of the Environmental Protection'Agency's: Program.for Utilization of Small, Minority, and
Women's Business Enterprises in procurement under this Contract. The Contractor, is required to follow
the requirements identified in Attachment IV Disadvantaged Business Enterprise Requirements
By signing this Contract, the Contractor accepts the a pplicable MBE/WBE fair share objectives /goals
negotiated with Environmental Protection Agency by the Washington State Office of Minority and
Women's Business Enterprises The Contractor attests to the fact that'it is purchasing the same or similar
construction, supplies, services and equipment, in the same or similar relevant geographic buying market
as Washington State Office of Minority and Women's Business Enterprises The goals for the utilization of
disadvantaged businesses are stated below .
Purchased Goods 8% MBE 4% WBE
Purchased Services 10% MBE 4% WBE
Professional Services 10% MBE 4% WBE
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The Contractor is required to furnish the Board and the Department of Health with such periodic reports
as the Department may request pertaining to the utilization of disadvantaged businesses.
1.30. NONDISCRIMINATION PROVISION
During the performance of this contract, the Contractor shall comply with all federal and state
nondiscrimination laws, including, but not limited to Chapter 49 60 RCW, Washington's Law Against
Discrimination, and 42 U S C. 12101 et seq, the Americans with Disabilities Act (ADA).
In the event of the Contractor's noncompliance-or refusal to comply with any applicable nondiscrimination
law, regulation, or policy, this contract_may„be'rescinded, canceled; or terminated in whole or in part, and the
Contractor may be declared ineligible for further contracts with'.the Board The Contractor shall, however, be
given a reasonable time in which to cure this noncompliance
The Contractor must also include the following terms and conditions in contracts with all,contractors,
subcontractors, engineers, vendors, and any other entity",for work or services listedin Attachment I
Scope of Work. '_ #".
"The Contractor shall not discriminate on the basis of race, color „national origin•or sex in the
._performance of this Contract."The Contractor shall,carryout applicable requirements a40 CFR
part 33 in the award and administration of contracts awarded under Environmental Protection
Agency financial agreements. Failure by the Contractor to carry out these requirements is a
material breach of this Contract which may result in termination of this Contract.”
1.31. PROHIBITION STATEMENT
Pursuant to Section 106'of the Trafficking Victims Protection Act of 2000, es,amended *the Contractor's
contractors, subcontractorsZengineers, vendors, and any other entity for work or services listed in
Attachment. 1. Scope 'of Work "-may not engage in severe forms of trafficking. in persons during the period of
time the Contract is in effect; -procure a commercial sex act during the period of time The Contract4is
effect, or use forced labor during •the "performance of this Contract._The Contractor shall require this
prohibition statement,in contracts with all contractors, subcontractors, engineers, vendors, and any other ry.
entity for work orservices listed in Attachment I Scope of Work.
The Contractor must also include thefollowing "terms and conditions in contracts with all contractors,,
subcontractors, engineers, vendors, and,any,other entity" for work or services listed in Attachment I
Scope of Work." ;Y -4,. , "
•
• "Prohibition Statement- You as the recipient, your employees, subrecipients under this award,
and subrecipients' employees may not engage in severe- forms of trafficking in persons during
the period of time that the award is in effect; procure a commercial, sex act during'the period of
time that the awards is in effect; or use - forced labor in.the performance of the.award or
subawards underthe award "
In the event that the Contractor or any bf;its.employees : is' determined to have Violated the terms of this
section, this Contract may be terminated
•
1.32. FALSE, INCORRECT, OR INCOMPLETE INFORMATION OR 'CLAIM
The Contractor warrants that the Contractor neither has submitted nor shall submit any information that is
materially false, incorrect, or incomplete to the. Board
The Contractor is advised that providing false, fictitious, or misleading information with respect to the
receipt and disbursements of Environmental Protection Agency funds is basis for criminal, civil, or
administrative fines and /or penalties.
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1.33. Litigation
The Contractor warrants that there is no threatened or pending litigation, investigation, or legal action
before any court, arbitrator, or adrninistrative agency that, if adversely determined, would have a
materially adverse effect on the Contractor's ability to repay the loan
1.34. ESTABLISHMENT OF ADEQUATE RATES AND RESERVES
The Contractor agrees to provide a resolution adopting
tingrate.increases, capital assessments, or both, for
the services of the system that shall be sufficient to provide funds which, along with other revenues of the
system, will pay all operating expenses and debt repayments during the term of the loan In addition, the
Contractor shall create, fund and"maintain reserves at least.as required by the Water System Plan or
Small Water System Management Plan The Board reserves the right, at anytime, to request proof of ,
compliance of these requiremenfs "from the Contractor ,
1.35. SPECIAL CONDITIONS ..
None :;
s
s N
- ,q
a, : , ■ s,
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Part 2. GENERAL TERMS AND CONDITIONS
2.1. DEFINITIONS
As used throughout this Contract, the following terms shall have the meaning set forth below
A. "Authorized Representative" shall mean the Public Works Board Chair and /or the
designee authorized in writing to act on the Chair's behalf
B. "Contractor" shall mean the entity identified on the face sheet performing service(s) under this
Contract, and shall include all employees and agents of the Contractor
C. "BOARD" shall mean the °"Washington State Public Works Board created in Revised
Code of Washington..(RCW) 43 155 030, and which. is a Party the Contract
D. "Personal Information" shall mean information identifiable to:any:persori, including, but not limited
to, information thatMrelates"to a person's hame,,healthinances education, business, use or
receipt of governmental services.or other activities, addresses, telephone numbers, social
security numbers ,' "driver license numbers, other identifying numbers, and any financial
identifiers
E. "State" shall mean the state of Washington ,
F. "Subcontractor shall mean one,not in the employment of the Contractor, who is performing all,or
' part.'of.those services under:this Contract under, a sepa'rate'contract with the<Contractor ' The '
terms ' " subcontractor" and "subcontractors" mean subcontractor(s) in any tier
2.2 ADMINISTRATIVE' COS N
Administrative costs that may be- allowed are set forth in the Specific Terris >and Conditions Administrative ,
services shared by other programs shall be assigned to this Contract based on an allocation plan that
reflects' allowable administrative costs that support services provided under each Contract administerediby
the Contractor An approved current. federal indirect cost rate may be applied .up to the "maximum
.. administrative budgetallowed
5 - A
2.3. ALLOWABLE COSTS: , . '
i,, Co allowable, under this C are ac expenditures accor`ding?to,an approved budget. u to the y
maximumFamount stated on the Contract Award or Amendment.Face Sheet. ' ' -
2.4. ALL WRITINGS CONTAINED HEREIN -
This Contract c ontains all the terms and conditions agreed upon by the parties. No other understa
oral or otherwise, regarding thesabject matter of this Contract shall be deenied:to exist or to bind any of the
parties hereto
2.5. AMENDMENTS
This Contract may be amended b mut of the parties Such amendments shall not be binding
unless they are in writing and signed by personnel,authorized. bind each of the parties
2.6. AMERICANS WITH DISABILITIES ACT (ADA) OF 1 PUBLIC LAW 101 - 336, ALSO REFERRED TO
AS THE "ADA" 28 CFR PART 35-
The Contractor must comply with the ADA, which provides comprehensive civil rights protection to
individuals with disabilities in the areas bf employment public.:accommodations, state and local government
services, and telecommunications
2.7. APPROVAL
This contract shall be subject to the written approval of the BOARD's Authorized Representative and shall
not be binding until so approved The contract may be altered, amended, or waived only by a written
amendment executed by both parties
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2.8. ASSIGNMENT
Neither this Contract, nor any claim arising under this Contract, shall be transferred or assigned by the
Contractor without prior written consent of the BOARD
2.9. ATTORNEYS' FEES
Unless expressly permitted under another provision of the Contract, in the event of litigation or other action
brought to enforce Contract terms, each party "agrees to bear its own attorneys fees and costs
2.10. AUDIT
A. General Requirements
Contractors are to procure audit services based on. the foll guidelines
The Contractor shall maintain its records and accounts so asto facilitate the audit requirement and
shall ensurethat Subcontractors also maintain auditable records ,na =- `
The Contractor is responsible for any audit exceptions incurred by its own organization or that of its
Subcontractors - .4 - ,.
THE BOARD reserves the -right to recover,from :the'Contractor all disallowed costs resulting from the
audit.
As'applicable, Contractors, required to have audit must ensurethe audits are.: performed. in °
accordance with Generally Accepted` Auditing Standards:(GAAS), Government Auditing Standards (the.
Revised,YellowBook):developed by the Comptroller General ,
f'
Responses to any unresolved management findings and disallowed or questioned costs shall:be
- included with the audit report. The'Contractor must respond to the BOARD requests for information,or
• corrective>action concerning audit issues within thirty (30) days ofthe date of request.
B. Federal: Funds'Requirernents - OMB Circular A -133 Audits of. States, Local Goiiernments.and,.;
Non- Profit Organizations <'
' Contractors expending $50'
500,000 or more in a fiscal year in federal funds from all sources, direct and
indirect, ar required to have an audit conducted in accordance with-Office of Management and Budget i
e
(OMB). Revised Circular A -1333 "Audits of States, Local Governmentand Non - Profit Organizations "
^r' ,.
Revised OMB A -1.33 requires- the. Contractor -to provide the auditor with a schedule.ofFederal .
Expenditure for the fiscal "year(s) being audited When statefunds are also to be paid under this
Agreementa.Schedul'e of State :Financial Assistance. must" also be included' =Both schedules include:"
Grantor agency, name '',,, :; <; :m�
Federal agency
Federal program nettle ,
Other identifying contract.numbers
Catalog of Federal Domestic Assistance (CFDA).nurnber (if applicable) , .
Grantor contract nu , ber
Total award amount including amendments (total grarit.a -
Current year expenditures ,
•
If the Contractor is a state or local. government entity, the Office of the State Auditor shall conduct the
audit. Audits of non - profit organizations are to.beconducted by a certified public accountant selected
by the Contractor in accordance'with OMB Circular A -110 "Uniform Administrative Requirements for
Grants and Agreements with Institutions of Higher EdUcation, Hospitals, and Other Non - Profit
Organizations."
The Contractor shall include the above audit requirements in any subcontracts
In any case, the Contractor's financial records must be available for review by the BOARD
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C. Documentation Requirements
The Contractor must send a copy of any required audit Reporting Package as described in OMB
Circular A -133, Part C, Section 320(c) no later than nine (9) months after the end of the Contractor's ,
fiscal year(s) by sending a scanned copy to auditreview(a commerce.wa.gov or by sending a hard copy
to
Department of Commerce
ATTN Audit Review and Resolution Office
1011 Plum Street
PO Box 42525
Olympia WA 98504 -2525 AA - ' •
In addition to sending a copy,of the audit, when applicable, the Contractor,must include
• Corrective action. plan for audit findings within three (3) months of the audit being received by
the BOARD
• Copy of the. Management Letter r ,
2.11. CERTIFICATION REGARDING DEBARMENT, SUSPENSION'OR INELIGIBILITY AND VOLUNTARY
EXCLUSION — PRIMARY' AND LOWER TIER C OVERED TRANSACTIONS. .
A. Contractor;, defined -as. the-primaryxparticipant and it principals, certifies by signing these General Terms
and Conditions that to the best of its' knowledge and belief that they
1. Are,not presently _debarred,, suspended proposed. for debarment ineligible or voluntarily
excluded from covered transactions by any Federal department or agency
2. Have not within'a three=-year period preceding this contract beencon.victed of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting1o' ;or performing a public or private agreement ortransaction, violation '
of Federal. or State antitrust statutes or commission of embezzlement; theftforgery, bribery;
- falsification or destruction of records, making false statements tax evasion receiving stolen,
property, making =false claims, or obstruction of justice,
,fin 3. Are:not presently; indicted for or otherwise criminally or civilly charged "by a governmental entity
(federal, state „or local) -with commission of any of the offenses enumerated in paragraph (1)(b) " "of
this section, and -
4. ' Have not within a - three -year period preceding the signing of this:contract had one or more public =`
transactions (federal, state, or local).terminated for. cause of default. _
B Where the Contractor is , unable to certify to any of the - statements in this contract, the Contractor. shall
attach an explanation'to>this contract. –"
C The Contractor agrees by signing this contract. that it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily
excluded from participation 'in this covered: transaction, unless authorized by the BOARD
D The Contractor further agrees by signing this contract. that it will include the'clause titled:Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered
Transaction,” as follows, without modification, in all lower tier covered transactionsand in all
solicitations for lower tier covered transactions:' ,
LOWER TIER COVERED TRANSACTIONS
a) The lower tier contractor certifies, by'signing this contract that neither it nor its principals is
presently debarred, suspended,. proposed for debarment, declared ineligible, or voluntarily excluded
from participation in this transaction by any Federal department or agency
b) Where the lower tier contractor is unable to certify to any of the statements in this contract, such
contractor shall attach an explanation to this contract.
E. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, person,
primary covered transaction, principal, and voluntarily excluded, as used in this section, have the
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meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order
12549 You may contact the BOARD for assistance in obtaining a copy of these regulations.
2.12. CODE REQUIREMENTS
All construction and rehabilitation projects must satisfy the requirements of applicable local, state, and
federal building, mechanical, plumbing, fire, energy and barrier -free codes. Compliance with the Americans
with Disabilities Act of 1990, 28 C F R. Part 35 will be required, as specified by the local building
Department.
2.13. CONFIDENTIALITY /SAFEGUARDING OF INFORMATION
A. "Confidential Information" as used. in this section includes.
2. All material provided to the-Contractor by the BOARD that is designated as "confidential" by the
BOARD,
3. All material produced by the Contractor that is designated as "confidential" by the BOARD, and
4. All personal information,in the possession of the Contractor that may .not be disclosed under state
or federal law "Personal information" includes but is not limited to information related to a person's '
name,. health, finances, education, business, use of government services; addresses, telephone
numbers, social security „number, driver's license number and other identifying numbers, and
"Protected Health lnforrnation” under the federal Health Insurance Portability and Accountability Act
of 1996(HIPAA) 3
B. The Contractor shall comply.with all -state and federal laws. related to the use sharing, transfer, sale, or.
disclosure.of Confidential Info'rmation.,The Contractor shall use. Confidentiallnformation „solely for the
purposes of this Contract and shall not use share, transfer, sell`or disclose any Confidential ° Information
' to any third party except with the,prior written consent of the BOARD or as maybe required bylaw: The
Contractor shall take. all necessary steps to assure that Confidential' Information.is safeguarded.. to
prevent unauthorized use sharing, transfer, sale or disclosure of Confidential Information, or violation of r,
any state or federal laws related thereto Upon request, the Contractorahall provide the BOARD with
its, policies and procedures on confidentiality The BOARD may require changes to. such policies and
procedures as' they apply to this Contract whenever the BOARD reasonably determines` that changes
are necessary to prevent.unauthorized disclosures The Contractor shall make the changes within the ,
time period specified by the BOARD Upon request, the Contractor shall immediately return. to;the =,”
:;BOARD any Confidential inforrnation that the BOARD reasonably determines has not been adequately
_ protected by the -Contractor, against, unauthorized disclosure`"
C. Unauthorized Use or Disclosure. The Contractor shall notify the BOARD within five (5) working days of
any unauthorized. use or disclosure of any confidential information, and'shall take necessary steps to
mitigate the harmful effects of such use or disclosure`
2.14. CONFORMANCE ...
If any provision of this contract violates any statute or rule,of law ofthe state of Washington, it is considered
. modified to conform to that statute or rule of law
2.15. COPYRIGHT PROVISIONS K -
Unless otherwise provided, 'all.Materials produced u'nder:this Contract shall be considered "works for hire"
as defined by the U S Copyright Act and shall be owned by the BOARD. The BOARD shall be considered
the author of such Materials. In.the event the Materials are not considered "works for hire" under the U S
Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in all Materials,
including all intellectual property rights, moral rights,,and rights of'publicity to the BOARD effective from the
moment of creation of such Materials.
"Materials" means all items in any format and includes, but is not limited to, data, reports, documents,
pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or
sound reproductions "Ownership" includes the right to copyright, patent, register and the ability to transfer
these rights
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For Materials that are delivered under the Contract, but that incorporate pre- existing materials not produced
under the Contract, the Contractor hereby grants to the BOARD a nonexclusive, royalty -free, irrevocable
license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare
derivative works, publicly perform, and publicly display The Contractor warrants and represents that the
Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of
publicity, necessary to grant such a license to the BOARD
The Contractor shall exert all reasonable effort to advise the BOARD, at the time of delivery of Materials
furnished under this Contract, of all known or potential invasions of privacy contained therein and of any
portion of such document which was not produced in the performance of this Contract. The Contractor shall
provide the BOARD with prompt written notice of each notice or claim of infringement received by the
Contractor with respect to any Materials delivered under this,Contract. The BOARD shall have the right to
modify or remove any restrictive,markings placed upon the Materials by the Contractor
2.16. DISALLOWED COSTS
The Contractoris responsible for any audit.exceptions or disallowed costs incurred by its'own organization
or that of its Subcontractors
2.17. DISPUTES
Except as otherwise providenn this Contract, when a dispute arises between the and it cannot =be
resolved by direct negotiation, either party may request a- dispute`.hearing with the Director of,the the
BOARD, who may designate neutral person to decide, the dispute
The.;request for dispute hearing' must: „ x
• be in writing,
• "'state the disputed issues;
• state the relative positions of the parties,
• state the Contractor's :name,'address, and Contract number;,'and
• be mailed to the,Director and the other party's (respondent'syContract Representative within three
(3) wo rkin da s after the-:parties agree that they cannot resolve the dispute
O 9 Y 9 Y
The respondent shall send a written answer to the requestor's statement to both the Director or the,
Director's designee and.thesequestor within five (5) working days. >;.
The.Director or designee shall review,the written statements and reply. in writing to both parties within ten
(10) working days The Director or designee may extend this period if necessar by notifying the parties.
The decision shall not ,be admissible in-any succeeding judicial or, quasi - judicial proceeding. '
The parties agree that this dispute process>shll precede any action in a judicial or quasi- judicial tribunal
Nothing in this Contract shall be construedrto limit the parties: choice of a rnutually,acceptable alternate
dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above.,
2.18. DUPLICATE' PAYMENT
The Contractor certifies that work to be performed"underthis contract does not duplicate any work to be
charged against any other contract, subcontract, or
2.19. ETHICS /CONFLICTS OF INTEREST
In performing under this Contract, the Contractor shall assure'compliancewith the Ethics in Public Service
Act (Chapter 42 52 RCW) and any other.app livable state or federal to ethics or conflicts of
interest.
2.20. GOVERNING LAW AND VENUE
This Contract shall be construed and interpreted in accordance with the laws of the state of Washington,
and the venue of any action brought hereunder shall be in the Superior Court for Thurston County.
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2.21. INDEMNIFICATION
To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the state of
Washington, the BOARD, all other agencies of the state and all officers, agents and employees of the state,
from and against all claims or damages for injuries to persons or property or death arising out of or incident
to the Contractor's performance or failure to perform the Contract. The Contractor's obligation to indemnify,
defend, and hold harmless includes any claim by the Contractor's agents, employees, representatives, or
any Subcontractor or its agents, employees, or representatives
The Contractor's obligation to indemnify, deferid, and -hold harmless shall not be eliminated by any actual or
alleged concurrent negligence of the state or its agents, agencies, e mployees and officers.
Subcontracts shall include a comprehensive indemnification clause harmless the Contractor, THE
BOARD, the state of Washington , =•its officer`s.. employees and':authorized agents
The Contractor waives its immunity underrTitle:51 the extent it is required. to indemnify, defend and
hold harmless the state and its' agencies, officers, agentsor employees.
2.22. INDEPENDENT CAPACITY.OF THE CONTRACTOR
,, •- . : ,
The parties intend that an independent contractor relationship will be created by`this Contract.: The
Contractor;and its employees or agents performing under this Contract:are not employees or agents of the
state of Washington,or the BOARD The Contractor will;not:hold itself out as,or claim to be an officer or
employee of the BOARD or of the state of Washington byreason hereof; "nor will'the Contractor make any
claim .of right, privilege or benefit which would accrue to such. officer oremployee under1aw Conduct and
control of the work will be solely with the,Contractor • , - ,
2.23. INDUSTRIAL'' 1NSURANCE..COVERAGE'
The Contractor shall comply with all •applicable provisions of Title 51 ROW, Industrial Insurance ;If the
Contractor fails to :provide industrial insurance coverage or fails to pay premiums or penalties .on behalfiof
its-employees as may be required by law, The BOARD may collect from the Contractor.the full amount
payable the Industrial Insurance Accident Fund The BOARD may deduct the amount owed by the
, ' Contractor to:the accident fund ,from`the amount payable to the Contractor by the BOARD under this
Contract, and transmit the deducted amount to the Department of Labor and Industries, (1A1) Division of
, Insurance Services. This provision does not waive any of L &I's rights to collect from the Contractor
2.24. LAWS
The 'Contractor shall comply with all applicable': laws, ordinances; codes, regulations, and policies of local,
state, and federaigovernments, as now hereafter amended, including, •but.not°limited to
United States Laws, Requlations and Circulars (Federal) ,
A. Audits '
Office of Management and Bu (OMB) Revised.Circular A -133 "Audits of States, Local
Governments, and Non - Profit Organizations." -
B Environmental Protection and'Review -
Coastal BarrierResources Act of 1982, 16 U S C 3501 et.seq' >'
HUD's implementing regulations at'24 CFR;parts 50 or 58, as appropriate .
Lead Based Paint Poisoning, Prevention Act, 42 S C 4821 -4846 also24CF,R 982.401(j)
National EnvironmentalPolicy Act „42.0 S C. 4321,et seq and the Implementing Regulations of
24 CFR 58 (HUD) and 40 CFR 1.500 -150 (Council on EnvironmentaiQuality) Residential Lead -Based
Paint Hazard Reduction Act of 1992, 42 USC 48514856 w
C Flood Plains
Flood Disaster Protection Act of 1973, 42 USC 4001 -4128.
D Labor and Safety Standards
All Rental Units Assisted with Federal Funds Must Meet the Section 8 Housing Quality Standards (HQS)
and Local Housing Code Requirements for the duration of the Affordability Period
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•
Convict Labor, 18 U S C 751, 752, 4081, 4082
Davis Bacon Act, 40 U S C 276a- 276a -5
Drug -Free Workplace Act of 1988, 41 USC 701 et seq
Federal Fair Labor Standards Act, 29 U S.0 201 et seq
Work Hours and Safety Act of 1962, 40 U S C 327 -330 and Department of Labor Regulations, 29 CFR
Part5
Title IV of the Lead Based Paint Poi Prevention Act, 42 U S C 4831, 24 CFR Part 35.
E. Laws against Discrimination
Age Discrimination Act of 1975, Public Law 94-135, 42 U.S C 6101 -07, 4 CFR Part 90
Nondiscrimination in Feder`allyAssisted
Americans with Disabilities 'Act of 1990, Public Law 101 -336
Equal Employment Opportunity, Executive Order 11246, as amended by Executive Order 11375 and
supplemented in U.S - Department of Labor 'Regulations, 41 CFR Chapter, 60 ,r }.
Executive Order 11246, as amended by EO 11375, 11478, 12086 and'12102
Fair Housing Act (42.U C 3601- 19),and implementing regulations. at 24 CFR part 1:00 Section 504 of
the Rehabilitation Act of 1973.and';implementing regulations at.24 CFR part ".8. '
Fair Housing, Title VIII'of the Civil Rights Act of 1968, Public Law 90 -284, 42 U,S C 3601 -19
.Handicapped Employees ofGovernment Contractors, Rehabilitation Act of 1973, Section 29
USC 793 -
Handicapped Recipients of Federal Financial Assistance, Rehabilitation Act of 1973, Section 504, 29
USC 794
Minority Business Enterprises; Executive Order 11625, 15 U S C 631
• . Minority Business Enterprise Development, Executive Order 12432, 48 FR 32551.
Nondiscrimination and Equal Opportunity, 24 CFR 5 105(a)
Nondiscrimination in benefits, Title :VI of Civil Rights Act of 1964, Public Law 88 -352, 42 U S C
2002d et seq, 24 CFR Part 1.
Nondiscrimination in employment, Title VII 'of the.Civil Rights Act of 1964, Public Law 88 -352
Nondiscrimination in- Federally Assisted Programs.
Nondiscrimination in Federally' Assisted Construction Contracts, Executive Order 11246, 42 U S C
2000e, as amended' by.Executive Order 11375, 41 CFR Chapter 60
Section 3, Housing and Urbarr;Development Act of 1968, 12 USC`1701 u (See'24.CFR 570 607(b))
F Office of Management and Budget Circulars
Cost Principles for State, Local and Indian Tribal Governments, OMB Circular A -87, 2 CFR, Part 225
Cost Principles for Nonprofit Organizations, 'OMB Circular A -122, (if the Contractor is a nonprofit
organization)
Grants and Cooperative Agreements with State and Local Governments,-OMB Circular A -102, (if the
Contractor is a local government or federally recognized Indian tribal. government)
Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher
Education, Hospitals and Other Nonprofit Organizations, OMB Circular A -110
G Other
Anti - Kickback Act, 18 U S C 874, 40 U S C 276b, 276c, 41 U S C 51 -54
Governmental Guidance for New Restrictions on Lobbying, Interim Final Guidance, Federal Register 1,
Vol 54, No 243 \Wednesday, December 20, 1989
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Hatch Political.Activity Act, 5 U S C 1501 -8
Lobbying and Disclosure, 42 USC 3537a and 3545 and 31 USC 1352 (Byrd Anti - Lobbying
Amendment) 31 U S C 1352 provides that Contractors who apply or bid for an award of $100,000 or
more must file the required certification Each tier certifies to the tier above that it will not and has not
used Federal appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, officer or employee of
Congress, or an employee of a member of Congress in connection with obtaining any Federal contract,
grant or other award covered by 31 U S C 1352 Each "tier must disclose any lobbying with non - Federal
funds that takes place in connection with obtaining any Federal award Such disclosures are forwarded
from tier to tier up to the recipient. .,
Non - Supplanting Federal Funds
Section 8 Housing Assistance Payments Program .
H Privacy . ,
Privacy Act of 1974, 5 U ;SC 522a.
Relocation ,
Uniform. Relocation Assistance and Real Property Acquisition Act of 1970 and implementing
regulations at 49 CFR part 24 ._ ,
. -_ ° f
Section 104(d) of the Housing and Community Development Act of .1974 and the implementing
regulations' at. 24 CRF part'570 ,;. -
Washington State Laws�,and Regulations ".. ;
A.° "Affirmative action, RCW 41 06 020'(11) .
B Boards of directorsnor officers of non- profit corporations — Liability. - Limitations, RCW,4 24.264= • .. .,
C Disclosure - campaign finances - lobbying, Chapter 42 17 RCW „ .
' D Discrimination -human rights commission, Chapter 49 60 RCW
E. Ethics in public-service, Chapter 42 52 RCW
F Housingassistance program, Chapter 43 185 RCW .M ,, '
G: Interlocal cooperation act, Chapter 34 RCW ' , .
H ` Noise control,. Chapter 70107,RCW , , '
I Office of minority and'women's business enterprises, Chapter 39 19 RCW and Chapter 326 -02 WAC '
J Open public meetings act, Chapter.42:30 RCW
K. Prevailing wages,on public works, Chapter 39 12.RCW - • - " .. ,
L. Public recordsact, Chapter 42.56 RCW ,•
M Relocation assistancereal property acquisition policy; Chapter 8 26 RCW , -
N Shoreline management act of.1971, Chapter 90 58 RCW.
O State %budgeting, accounting, and reporting system, Chapter-43 88 RCW '
P State building code, Chapter 19 27 RCW and Energy - related building standards,.Chapter.F19 27A RCW,
and Provisions in buildings for aged :and handicapped persons, Chapter 7092 RCW
Q State Coastal Zone Management Program, 01 -06 -003, Shorelands and Environmental
Assistance Program, Washington State Department of,Ecology M _.
R. State environmental. policy, Chapter 43.21'C' RCW : '
S State Executive Order 05 -05 Archeological and Cultural Resources. ,
2.25. LICENSING, ACCREDITATION AND REGISTRATION
The Contractor shall comply with all applicable local, stat and federal lic accreditation and
registration requirements or standards necessary for the performance of this Contract.
2.26. LIMITATION OF AUTHORITY
Only the Authorized Representative or Authorized Representative's designee by writing (designation to be
made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive
any clause or condition of this Contract.
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2.27. LOCAL PUBLIC TRANSPORTATION COORDINATION
Where applicable, Contractor shall participate in local public transportation forums and implement strategies
designed to ensure access to services
2.28. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
During the performance of this Contract, the Contractor shall comply with all federal, state, and local
nondiscrimination laws, regulations and policies. In the event of the Contractor's non - compliance or refusal
to comply with any nondiscrimination law regulation or policy; this contract may „be rescinded, canceled or
terminated in whole or in part, and the Contractor may be declared ineligible for further contracts with the
BOARD The Contractor shall, however, be given a reasonable time in which to cure this noncompliance
Any dispute may be resolved in,accordance with the ".Disputes” procedure,set forth herein
2.29. NOTIFICATION OF TENANT RIGHTS /RESPONSIBILITIES ,.
The Contractor shall provide all tenants, if any with information outlining tenant rights and responsibilities
under the Washington "State Landlord.Tenant laws, Title '59, Revised Code of Washington
The Contractor shall also provide all occupants of,propertyacquired with.U.S Department of Housing and
Urban Development (HUD) funds notice regarding their eligibility for relocation assistance Such notices
will be provided as required by the Uniform Relocation Assistance and Property Acquisition'Act of
1970, as amended and'referenced in 49 CFR part 24 and,Section 104(d) of the Housing. and> Community
Development Act of 1974, as amended and referenced in 24 CFR 570 and noted in HUD's'Handbook No
1378 . Notifications wilt",include'but'.not'be limited to _.
General Information Notice
• _Notice of Displacement/Non- Displacement
2.30. POLITICAL ACTIVITIES. ;.F. ,
Political activity of C employees and officers are limited by the State Campaign; Finances and
Lobbying provisions of Chapter 42.1 RCW and the Federal Hatch Act, 5 USG'1501' 1508
No funds may be used for Working, for. }or against b allot measures or for or againsfthe candidacy of any
person for public office "
2.31. PREVAILING WAGE LAWS.,
All co and subcontractors performing work on a construction project funded,through;this "agreement
'shall ; comply.with prevailing, wage laws,by paying the hig of state or federal prevailing wages according.
to
State Prevailing Wages on Public Works, Chapter 39 •2 RCW, as applicable to the Project funded;by
this contract, including butnot,limited to the filing of the of Intent to Pay Prevailing Wages"
and "Affidavit of Wages Paid" as required .by RCW 39 12.040 The Contractor shall - maintain records
sufficient to evidence compliance.with Chapter 39 12 RCW, and'shall make such records available for
THE BOARD's review Upon request; or
The Davis Bacon Act, 40 ;U S C 276a- 276a -5 and related federal acts provide that ail laborers and
mechanics employed by contractors or subcontractors in the performance shall be paid wages at rates
not less than those prevailing on similar construction in the:locality as determined by the Secretary of
Labor
2.32. PROCUREMENT STANDARDS FOR FEDERALLY FUNDED'PROGRAMS
A Contractor which is a local government.or Indian Tribal government must establish procurement policies
and procedures in accordance with OMB Circulars A -102 Unifdrrri Administrative Requirements for Grants
in Aid for State and Local Governments, for all purchases funded by this Contract.
A Contractor which is a nonprofit organization shall establish procurement policies in accordance with OMB
Circular A -110, Uniform Administrative Requirements for Grants and Agreements with Nonprofit Agencies,
for all purchases funded by this Contract.
The Contractor's procurement system should include at least the following.
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1. A code or standard of conduct that shall govern the performance of its officers, employees, or
agents engaged in the awarding of contracts using federal funds.
2. Procedures that ensure all procurement transactions shall be conducted in a manner to provide, to
the maximum extent practical, open and free competition
3. Minimum procedural requirements, as follows:
a. Follow a procedure to assure the avoidance of purchasing unnecessary or duplicative items
b. Solicitations shall be based upon a clear and accurate description of the technical requirements
of the procured items. .
c. Positive efforts shall be Madetto use small and minority -owned businesses.
d. The type of procuring instrument ,(fixed price, cost reimbursement") shall be determined by the
Contractor, but must be appropriate for the particular procurement and for promoting the best
interest of the program involved..
e. Contracts shall bemade only with reasonable subcontractors v■ho possess the potential ability
toperform successfully under terms and conditions of the proposed: procurement.
f. Some form of price or cost analysis should' be perforrned in connection with every procurement
action. "
g. Procurement records' and. files for purchases shall include all of the,following ,,p '
1) Contractor - selection or rejection
2) The Basis for the cost or price € "
` i
3) Justification. for Iack'of.competitive bids if offers are not obtained
s. .,
h. A system for contract administration to ensure Contractor conformance with terms, conditions
and, specifications'of this Contract, and to ensure adequate and timely follow -up; of all N
purchases '" ..
• 4. Contractor and Subcontractor must receive prior approval from: the BOARD for "using funds from
this Contract to enter into a sole source contract or a contract where only one bid or proposal is
received when "value ofthi's contract is expected to exceed $5,000
Prior approval requests shall'include a copy of proposed contracts andtany •related procurement ,
documents and justification for non - competitive; procurement "if applicable
2.33. PROHIBITION AGAINST: PAYMENT OF'BONUS OR"COMMISSION
The funds provided under this Contract shall not be used irr.payment of any bonus or comrnission for the
purpose of obtaining approval of the application; for such funds or any other approval or concurrence under
this Contract provided, however,. that reasonable fees or:bone fide technical consultant, managerial, or
other such services, otherthan actual solicitation, are not hereby'prohibited if otherwise eligible as project
costs. i
2.34. PUBLICITY - • , , , '' . ,
The Contractor agrees not to publish or use any advertismg•or publicity materials in whic h t he state of
Washington or the BOARD'S name is mentioned, or language used from which the connection with the
state of Washington's or the BOARD% name may reasonably be inferred,or implied, without the prior written
consent of the BOARD •
2.35. RECAPTURE
In the event that the Contractor fails to perform this contract in accordance with state laws, federal laws,
and /or the provisions of this contract, The BOARD reserves the right to recapture funds in an amount to
compensate the BOARD for the noncompliance in addition to any other remedies available at law or in
equity !
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Repayment by the Contractor of funds under this recapture provision shall occur within the time period
specified by the BOARD In the alternative, The'BOARD may recapture such funds from payments due
under this contract.
2.36. RECORDS MAINTENANCE
The Contractor shall maintain all books, records, documents, data and other evidence relating to this
Contract and performance of the services described herein, including but not limited to accounting
procedures and practices which sufficientiy properly ,reflect all direct and indirect costs of any nature
expended in the performance of this Contract: Contractor shall retain such records for a period of six years
following the date of final payment.
If any litigation, claim or audit is started "before thei'expiration of the sixr(6,) year period, the records shall be
retained until all litigation, claims,. or audit-fin`dings involving' the records have been finally resolved
2.37. REGISTRATION WITH D OF,.REVENUE"
-.
If required by law, m
the Contr shall complete registration with " the Washingt State Department of
Revenue ' , sa
2.38. RIGHT OF INSPECtIOW% ,
At no additional cost al recor relating to the Contractor's,performance under this Contract shall be su
at all reasonable times<to inspection,. review, and audit by the - BOARD, the Office'of the :State Auditor, and
federal and state officials so authorized -by law,=.in "order.to monitor and'evaluate performance, :compliance,
; and,quality assurance under. this Contract`. The Contractor shall provide access to its facilities for this '
'purpose _ q -..�
2.39. SAVINGS '
I the;event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after
the effective"date of this Contract and prior to normal completion, The BOARD may terminate:,the Contract
under the "Termination for. - Convenience" clause, without the ten business day.notice requirement:. In lieu of
termination, the Contract maybe amended to reflect the new funding limitationsand °conditions
2.40. SEVER'ABILITY ,
iy ,"
.,If any provision'of this Contract or any provision. of any document incorporated by, reference" shall. be held
'invalid, such invalidityshall po't affect the other"provisions..of this Contract thaVcan be g iven effect without
the invalid provision, if such remainder conforms to the requirements of law °ana the fundamental purpose of
this Contract and,tothisend "the, provisions of this :Contact are declared to be severable ', „
2.41. SUBCONTRACTING ;l `
The Contractor may only subcontract work'," contemplated under this, Contract if'it,obtains the prior written
approval ofthe BOARD
If THE BOARD approves subcontracting, the Contractor shall maintain written procedures related to
subcontracting, as well as copies of all subcontracts and records related to subcontracts" For cause, the
BOARD in writing may require the Contractorto amend its 'subcontracting procedures as they relate to
this Contract; (b) prohibit the Contractor from subcontracting with;a 'particular,person or entity; or (c) require
the Contractor to rescind,or amend a subcontract. '
Every subcontract shall bind;the Subcontractor. to follow all applicable terms of this Contract. The Contractor
is responsible to the BOARD if the Subcontractor fails to comply with any applicable term or condition of this
Contract. The Contractor shall appropriately monitor the activities of the Subcontractor to assure fiscal
conditions of this Contract. In no event shall the existence of a subcontract operate to release or reduce the
liability of the Contractor to the BOARD for any breach in the performance of the Contractor's duties
Every subcontract shall include a term that the BOARD and the State of Washington are not liable for
claims or damages arising from a Subcontractor's performance of the subcontract.
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2.42. SURVIVAL
The terms, conditions, and warranties contained in this Contract that by their sense and context are
intended to survive the completion of the performance, cancellation or termination of this Contract shall so
survive
2.43. TAXES
All payments accrued on account of payroll taxes, unemployment contributions, the Contractor's income or
gross receipts:any other taxes, insurance or expenses for the'Coiitractor or its staff shall be the sole
responsibility of the Contractor
2.44. TERMINATION FOR CAUSE / SUSPENSION • „
In event the BOARD determines that" the Contractor failed to comply with -term or condition of this
Contract, the BOARD:may.- terminate the,Contract in•whole or in. part u written notice to the Contractor
Such termination shall be deemed ",for :cause " Termination shall. take effect on the date specified in the
notice
4
In the alternative, the BOARD upon written ,notice ; may allow the Contractor -a ° specifieperiod of time in
which to correct the,non- compliance During the corrective - action -time, period, =the -BOARD may,suspend
further payment,to the Contractor in or in part, or may restrict theContractor'sgnght.to perform duties
under this Contract: Failure by the ,Contractor to„take timely corrective actionshallellow the : BOARD to
terminate the upon writtennotice to the Contractor
"Termination for 'Cause" shall be deemed• a `'Termination.for'Convenience" when theBOARD determines
that the Contractor did;not fail to cornplywith the terms of the Contract or'when,the'BOARD'determines the
failure was not caused by the Contractor's "actions or negligence
If the Contract is terminated :forcause, the Contractor shall be liable"for.damages es authorized by law,
including, but not limited' to any cost' difference between the original contract and the replacement contract,
as well as all•costs associatediiwith_ entering into the replacement contract (i e ',competitive bidding, mailing,
advertising, and stafitime),
W
2:45. TERMINATION FOR CONVENIENCE
Except as otherwise =providedln this Contract, the BOARD may, by-teri • (10)' business days written notice,
beginning'on the second day after the mailing,, terminate this Contract;. in whole or in part. If this. Contract is
so terminated, the BOARD shall. be'Iiable only' for• payment required ;under the terms of this Contract for
services rendered or goods delivered prior to the•effective date of termination v
2.46. TERMINATION'PROCEDURES
After receipt of a notice of. termination, except as otherwise•directed by the BOARD, the Contractor shall.
A. Stop work under the Contract on the.date, and to the extent specified; in.the notice,
B. Place no further orders -or subcontracts for materials, services, or facilities related to the Contract;
C. Assign to the BOARD ell-of the rights, title, and interest of the Contractor under the orders and
subcontracts so terminated, in which case the-BOARD' has the right, at its discretion, to settle or pay
any or all claims arising out of the terminationof such orders. and ;subcontracts Any attempt by the
Contractor to settle such claims must have °the; prior written approval of the -BOARD, and
D. Preserve and transferany materials, contract deliverables and/or the BOARD property in the
Contractor's possession as directed bythe BOARD
yg
Upon termination of the Contract, the BOARD shall ;pay the Contractor for any service provided by the
Contractor under the Contract prior to the date of termination The BOARD may withhold any amount due
as the BOARD reasonably determines is necessary to protect the BOARD against potential loss or liability
resulting from the termination The BOARD shall pay any withheld amount to the Contractor if the BOARD
later determines that loss or liability will not occur
The rights and remedies of the BOARD under this section are in addition to any other rights and remedies
provided under this Contract or otherwise provided under law
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2.47. WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach
Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such
in writing and signed by Authorized Representative of THE BOARD
2.48. WORK HOURS AND SAFETY STANDARDS
The Contract Work Hours and Safety Standards Act (40 U.S C 327- 333) -Where applicable, all contracts
awarded by recipients in excess of $100,000 for construction and other purposes that involve the
employment of mechanics or laborers must include a provision for compliance with Section 102 and 107 of
the Contract Work Hours Safety Standards Act (40'U S.0 327 -333), as supplemented by Department of
Labor regulations (29 CFR part 5). Under Section 102 of the Act each.subcbntractor is required to
compute the wages of every mechanic and laborer on the basis:of a standard work week of 40 hours Work
in excess of the standard work week is permissible - provided that the worker is compensated at a rate of not
less than 1 %Z times the -basic rate of pay for'all hours worked in excess of 40 hours in the work week.
Section 107 of the Act is applicable to. construction work -and provides that no laborer or mechanic is
required to work in surroundings or underworking conditions which are - unsanitary,, hazardous, or
dangerous. These requirements do not apply to the purchases of supplies or'materials or articles ordinarily
available on the open market, or contracts, for transportation or transmission of intelligence: .
,=
,
i
. n
City of Yakima Page 25 Contract Terms and Conditions
DM11- 952 -038 12/15/2011 DWSRF NT Loan Contract (Municipal)
ATTACHMENT 1: SCOPE OF WORK
DRINKING WATER STATE REVOLVING FUND
NEW TRADITIONAL
(MUNICIPAL)
City of Yakima
DMV1,952=038
Project Title:
Water Treatment Plant Filter Backwash Lagoon Impro
A. PROJECT'.S SCOPE OF WORK
Correct deficiencies in existing unlined filter backwash lagoOn'endireatmehi plant power,,
service
Replace existing backWilagoon with new concrete backwash storage and residual;.:solidt
drying basis. Four 80 x 13 x 8! will be built with sloped ramps for solids remoVal. Piping:„
will be arranged to independent operation of each basin for improved settling anddrying.
Construct a backwash water recycle pump station with two Variable speed submersible pumps
Upgrade electrical servideAd'treattrient plant, including telemetry, and provide a new backup
generator. ,
- .
Components listed above are shown in approximate sizes Project„ebsts indlude, but are not
limited to engineering, envii reviews, permitting, public involvement, bid
dOcumentieview and approval fees, construction, contingency,' construction inspection,,'anO ,
costs that allow the borrower to meet Local, State, and FederatreObirements.
t „
City of Yakima Page 26 Attachment Scope of Work
DM11-952-038 12/15/2011 DWSRF NT Loan Contract (Municipal)
B. ESTIMATED PROJECT COSTS
, := z •
Cost Category ,,,,,, ; ‘
,: ' Amount
Engineering Report , .7,1;.' . 1 $0 00
Cultural and Histoncal Resources Review . ' ,,. $4,000.00
(Section 106) ., .
-
- .,. .
Environmental Review -• ... . ,
- , ., .,
" $4,000 00
Land/Right-Pt-Way Acquisition
$0 00
.,. .
Permits ,, --,-" , ,,, '. 00
:, ..
. .
Public InvolvementlInformation . ' $0.00
Bid Documents , ' , ' 2;
. ''. ' . $380 600.00,,
..,
! ;
Construction:'' ' '1-` , ,..-,.
.,...0. $2,405,000:00
Other Fees (Salesw:ljte Taxes) - 1 - --.. 1 'f $197 00 1
... ..., „
. ; , Contingency:' 17.80% ' ' :., 0, + ' - ' :° " $463,00000
Other: DOH Fees $2,000 00'!,
Other :-''Construction' Zi:: ' . , '
, '4 , j , :42.i
$410,000 00
AdmintInspeCtionffesting
..- ,.
Other: ..,., ,, , $0.00
, 'Otherlodal'Share $b 00
„ ,... ,.
TOTAL ESTIMATED PROJECT COSTS .. k $3,870,00.00 '
(before Loan Fee)
.
Loan Fee (1% of die DWSRF Loan .W ' $34,80(100
Request) l'''"'-
,..' ■ ',. , ,' ==,
,
. „ .
, , ''' '1
1 ,
City of Yakima Page 27 Attachment l• Scope of Work
DM11-952-038 , 12/15/2011 DWSRF NT Loan Contract (Municipal)
C. ANTICIPATED PROJECT FUNDING .
,
St' Z.
[ Type of Funding i, ' I SOUrce i Amount
=
GrantS
, , , !‘,.' „ •„,„:„ ''.- g:, ., - , ,,i.
Grant #1 ' -, $0 00
,- • - ,
Grant #2 -,„.• ,, - •":, .i.,,.., '''' 1:- .: .,.. .
„ •
$0 00
Grant #3 ,,,,:„.„. ; , $0.00
• ..:, , , ,,,,: ,.,:, „ '.,..?,
. ,
Grant #4
$0.00
,..
„t
Total Grants Po ' ” $0.00
Loans
,s lic Work: s (DWSRF ,::: . ,? : !
Thisban Reqiiest' - , -- , —.' ' - $351480000
', ''i/viti 01010o% Loan
, s
, ,,
Other Loan #1 ,• •
' $0 00
, .
1 Other LOan #2' - ('-,,, vi ' ,Z, ' . ::::. ' $0„00
..,
Other Loan #3 , ,, . $0.00
' l'Other Loan #4 ' ' ' ;:',. , ' '':,i2.; , , ,,, ,
„ .. $0.00
, .
- ,, .: • . ..
.,, ., f ,
Total Loans ,.: , $3,514,800.00 1' .
! :
Local Havenuei'
„,
Capital Improvements Fund Source C
, #1' - - , ,„„ , $390,000 00
Reserves
, ,... „
Source #2 ,,, : , $000
„
Source #3
,,
. , .
. - - ,‘--- - ' ' ,,,,:- . c' , ,
.. - '$0,00 l'
, „
Source #4 ' ,,
, so 00
Source #5 $0.00
>,, - '
Total 'Local Revenue'. $390,000.00
,, _ ...... , _. 7 , ,, , T _____ I
„ .
...,,, ,
Other Fund ''''', --.:, , , 4:- 1:2
• , t •i„„ ,- ,.,,
- : '.•• ,, , _ 1
Source #1 . " $0 00 i
1
. ..,
Source #2 . $0 00 ,
Total Other Funds . 1 ,, $0.00 1
. .
TOTAL PROJECT . ,
"
$3,904,800.00 ,.
.,
' -
FUNDING . '
. ,
City of Yakima Page 28 Attachment 1. Scope of Work
DM11-952-038 12/15/2011 DWSRF NT Loan Contract (Municipal)
ATTACHMENT II: ATTORNEY'S CERTIFICATION
DRINKING WATER STATE REVOLVING FUND
NEW TRADITIONAL
(MUNICIPAL)
City of Yakima
DM11-952-O38.
.A.
I, -- JA - r - =r=.R.4--■7 f2.. (r - , - ,.:: ,i'. , .:F' , hereby certify
.4 ,.
I am an attorney at law admitted to practice in,the %ate of Washington and the duly appointed
, . _
attorney of the:city`of Yakkena (the Contractor) and ,,-,. , -,!,, . _ ,' „.,-;-• , „%
I have also examined anY'and all fePords, which are ; pertinent to thetonfeact,
including the,application reOeSting;this financial assistance:
..-
Based on the foregoing, it is my opinion that:
: „ '.::',: , '' ' '% t.,) -'-- ‘••
' 1. The Contractor is a public body, properly constituted and operating under the laws of
State of Washington to receive and expend federal state andLlocal funds to
, .
contract with lhe State of Washington, and to receive and 'expend : the funds lnVOlved,
-, accomplish the objectives set forth in their application.
2. ' The Contractor is empowered to accept the Drinking Water State Revolving Fund financial
assistance and to provide for repayment of the loan as set forth in the loan ogreerr:41i.
3 There iS'currently.tio litigation iheXtStence-seeking the commencement or
completion of the above-deseribethoblib facilities project pejo:enjoin the Contractor from repaying the Drinking Water State Revolving Fund loan extended rOTtlielPOOliO Works Board
-
with respect such prOjeOt. The Contractor not a' litigation, which will materially
affect its ability to repay 'such loari:rohlhe terms contained ihilheloan ageeement„
4. Assumption of this obligation would not exceed'Statutoeyand'admihiStrative.eule debt
.._ ,
limitations applicable to the ContraOtOr.
/
Signat e ,/, Attwrney '''' ' , , , ,,,,,,Date .„
Name
Cr6ffg-C—y ie. Cu Mt
260 5. 3 5+. ‘11A-k-t f-til , kJ ik q bq o 1
Address
City of Yakima Page 29 Attachment 11. Attorney's Certification
DM11-952-038 12/15/2011 DWSRF NT Loan Contract (Municipal)
ATTACHMENT III: FEDERAL AND STATE REQUIREMENTS
1) Environmental Authorities
a) Archeological and Historic Preservation Act of 1974, Public Law 86 -523 as amended ,
b) Clean Air Act, Public Law 84 -159 as amended
c) Coastal Barrier Resources Act,, Public Law 92 -583 as amended •
d) Endangered Species Act, Public Law 93 -205 as amended
e) Environmental Justice, Executive Order 12898
f) Floodplain Management, Executive Order 11934 as amended "by'.Executive Order 12148
g) Protection of Wetlands, Executive Order 11990
' h) Farmland Protection Policy Act, Public Law 97 -98 ,'
i) Fish and Wildlife Coordination Act; Public,Law 85,624' as amended
j) National Historic Preservation Act of 1966;Public Law 89- 665•as amended
k) Safe Drinking Water Act, Public Law 93 -523 as amended
1) Wild and Scenic rivers Act, Public Law 90 -542 as•amended
2) Economic and Miscellaneous Authorities ,
a) Demonstration Cities and Metropolitan Development Act of 1996, Public Law'89 =754 as amended, Executive Order
12372 r.
b) Procurement'Prohibitionstnder Section 306 of the Clean air Act and Section 508 of-the •Clean Water Act, including
Executive Order 11738,.Administration of the Clean Air Act and-.the Federal Water Pollution Control Ac; with.Respect to
Federal Contracts, Grants, or. Loans ` ,E,
c) Uniform Relocation'and Real Property Policies'Act, Public Law 91 -646 as"arnended • ,
d) Debarment and Suspension, ,Executive Order:,1 "2549 °` ° ,
3) , Social Policy Authorities : ; - ',, :` , "
a) Age Discrimination Act of 197-5, Public Law 94 135 ,, >.,- . • ,
b) - Title VI of the CivirRights Act of 1964, Public Law 88 -352 ' • •
c) , Section 13 of.the Federal Water Pollution Control Act Amendments of 19 .72; "Public Law 92 -500 (the Clean Water Act)
d) Section 504'of the Rehabilitation Act of 1973, Public Law 93 -112 (including Executive Orders 1191`4 and 1.1250)
'e) Equal Employment Opportunity, Executive Order 11246 '
' "f) "Disadvantaged Business'Enterprise,`Public Law 101-549 (the Clean AirAct), and PublicLaw 102 -389 (theClean Water
Act) - .., •
g) Section 129'ofthe Small Business- Administration Reauthorization . . and Amendm 9
ent Act of 1988, Public Law 100 -5
4) State:'Laws
a) Chapter 36.70A RCW; Growth; : Management Act ' ;,
b) Chapter 39.80'RCW, Contracts''for Architectural and Engineering Services -
c) Chapter 39 :12 RCW, Washington State Publie Works Act' ' ,
_
d) Chapter 43.20 RCW, StateBoard of Health': "
e) Chapter 43.70 RCW, Departmerit of Health- -
f) Chapter 43.155 RCW, Public""Works Project ' ' - .
g) Chapter 70.116 RCW, Public Water Systems Coordination Actof 1977 `i- : •
h) Chapter 70.119 RCW, Public Water Supply Systems•Certification midi Regulation of Operations
i) Chapter 70 119A RCW, Public; Water Systems,. Penalties & Compliances z.
j) Chapter 246 -290 WAC, Group,A Public Water'Systems `, -
k) Chapter 246-291 WAC, Group B Public Water Systems A .
1) Chapter 246 -292 WAC,"Waterworks Operator Certification Regulations
m) Chapter 246 -293 WAC; WaterSysterns' Coordination Act ,
n) Chapter 246 -294 WAC, Drinking Water Operating Permits
o) Chapter 246 -295 WAC, Satellite System`Management Agencies- : . •
o) Chapter 246 -296 WAC Drinking Water State Revolving Fund Loan Program
p) Chapter 173 -160 WAC, Minimum Standards for Construction & Maintenance of Wells
q) Title 173 WAC, Department of Ecology Rules
r) Title 40 Part 141 Code of Federal Regulations, Federal National Primary Drinking Water Regulations (Section Adopted
by Reference)
City of Yakima Page 30 Attachment III Federal and State Requirements
DM11- 952 -038 12/15/2011 DWSRF NT Loan Contract (Municipal)
ATTACHMENT IV: DISADVANTAGED BUSINESS
ENTERPRISE REQUIREMENTS
GENERAL COMPLIANCE, 40 CFR, Part 33
The Contractor agrees to comply with the requirements of Environmental Protection Agency's Program for Utilization
of Small, Minority and Women's Business Enterprises (MBE/WBE) in procurement under this Contract, contained in
40 CFR, Part 33
FAIR SHARE OBJECTIVES, 40 CFR, Part 33, Subpart D
The following are exemptions from the fait objective Requirements.
• Grant and loan recipients receiving a total of $250K - or less in EPA financial assistance in a given fiscal year
• Tribal recipients of Performance Partnership Eligible'grants under 40 CFR Part '35, Subpart B
o There is a 3 -year phase in period for the requirement to negotiate fair share goals for Tribal and
Insular Area recipients
• Recipients of Technical Assistance Grants -
The Fair Share Objectives or.goals for the utilization of disadvantaged: businesses, negotiated with EPA by the WA
Office of Minority Women Businessare :stated, below
• Construction' 10% MBE 6 %sWBE
Supplies ; ` 8% MBE 4% WBE
Equipment 8 %, MBE 4% WBE
,"Purchased Services 10% MBE - 4% WBE
By-'signing this Contract, the .Contractor is accepting the fair share objective's` /goals stated.above and attests to the '
fact that it is purchasing the same or, similar construction, supplies, services and equipment, in the: same or similar
relevant geographic buying market as WA Office of Minority Women Business goal.is being adopted
SIX GOOD FAITH EFFORTS, 40 CFR, Part. 33, Subpart C
Pursuant to 40`CFR, Section 33 the Contractor agrees to make the following good faith efforts whenever
procuring construction; equipment, services and supplies under an EPA financial assistanceagreerrient, and to -
ensure that sub- recipients, loan recipients, and ;prime <contractors also,co'rnply`
Records documenting compliance with the six good,faith efforts shall be .retained The six good faith efforts shall
include
A. Ensure Disadvantaged Business Enterprises are made aware of contracting opportunities to the fullest
extent practicable through outreach and recruitment activities. For-Indian Tribal, State and Local
Government recipients, this will .include placing the Disadvantaged Business Enterprises on solicitation
lists and 1Soliciting them;wheneverthey are potential sources
B Make informat on forthcoming opportunitie$ available to Disadvantaged Business Enterprises and
arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a
way that encourages and facilitates participation by Disadvantaged Business Enterprises in the
competitive process. This includes, whenever possible, .posting solicitations for bids or proposals for a
minimum of thirty (30y calendar days before:the bid or proposal closing date.
C Consider in the contracting process whether.-firms for large contracts could subcontract with
Disadvantaged Business Enterprises For Indian Tribal, State and Local Government recipients, this
will include dividing total requirements, when economically feasible, into smaller tasks or quantities to
permit maximum participation by Disadvantaged Business Enterprises in the competitive process
D Encourage contracting with a consortium of Disadvantaged Business Enterprises when a contract is
too large for one of these firms to handle individually
E. Use the services and assistance of the Small Business Administration and the Minority Business
Development Agency of the Department of Commerce
City of Yakima Page 31 Attachment IV DBE Requirements
DM11- 952 -038 12/15/2011 DWSRF NT Loan Contract (Municipal)
F If the prime contractor awards subcontracts, also require the prime contractor to take the five good faith
efforts in paragraphs A through E above
MBE/WBE REPORTING, 40 CFR, Part 33, Sections 33.502 and 33.503
Contractor is-required to submit MBE/WBE participation reports to the Board and /or the Department of Health, on a
quarterly basis, beginning with the Federal fiscal year reporting period the Contractor receives the award and
continuing until the project is completed
CONTRACT ADMINISTRATION PROVISIONS, 40 CFR, Section 33.302 .
The Contractor agrees to comply with the contract administration provisions of 40 CFR, Section 33 302
The Contractor agrees to require all general contractors to provide forms EPA Form 6100 -2 DBE Subcontractor
Participation Form and EPA Form 6100 -3 DBE Subcontractor Performance Form to all its Disadvantaged Business
Enterprise subcontractors, engineers,, vendors, and any•other entity for work or services listed in Attachment I Scope
of Work. These two (2) forms may'be.obtained from the EPA Office of Small Business Program's website on the
internet at http . / /www.epa.gov /osbp /grents.htm
The Contractor agrees to require all general contractors to complete and submit to the Contractor and Environmental
Protection Agency EPA Form 6100 -4 DBE'Subcontractor Form beginning withthe Federal fiscal year
reporting period the Contractor receives the award arid'continuing until the project is corripleted Only procurements
with certified MBE/WBEs are counted toward a Contractor's'MBE /WBE. accomplishments
i;
BIDDERS LIST,,40 CFR, Section 33.501(b)and (c): ; %' - . �' °
The Contractor;is also required to create .'and n -maintai a bidders list if the Co ntractor: of the loan is subject to or
chooses to .follow; competitive bidding: requirements Please.see 40 CFR,:Section 33 501 (b) and (c),for specific'
requirements and exemptions
,
Section 33 501:(b) of the rule is as follows' . . -
A recipient of a Continuing; "Environmental Program Grant or other annual grant must create and maintain,a bidders
list. In addition, a recipient of en EPA financial assistance agreement to capitalize asrevolving lbanfund also must
require entities receiving identified; loans to create and maintain a bidders list:if the..recipient of'the ;loan is`subject to
or chooses to follow, competitive bidding. requirements The purpose of a bidders -list is to provide the recipient and
entities receiving identified loans who conduct competitive bidding with as accurate a database as possible about the
universe of MBE/WBE and non- MBENUBE prime and subcontractors The list must include all firms that =.bid or quote
on prime contracts.or bid or quote on subcontracts under EPA assisted projects, including both MBE/WBEs •
The bidders list must be kept until the grant project period,, has expired and the recipient. is no longer,receiving EPA
funding under the grant. For entities receiving identified loans; the bidders list`must:be kept until the project period for
the identified loan has ended The following information must be obtainedTfrom all prime and subcontractors '
"
(1) Entity's name with point of contact; ` . ,
(2) Entity's mailing address, telephone number`, "'and,e -mail address,:
(3) The procurement on which the entity bid or quoted", and when,. and- - . ,
(4) Entity's status as a MBE/WBE or non- MBE/WBE. .
fi ,
The exemption found et< §.33 501(c) is'as follows.' .,
A recipient of an EPA financia assistance agreement in the amount of
l, $250,000 or.less for any single
assistance agreement, ',prof more, than bne financial assistance agreement with.a combined total of $250,000
or less in any one fiscal year, is exempt from the paragraph (b) of this section requirement to create and
maintain a bidders list. Also, a recipient:under the CWSRF, DWSRF, or BCRLF;Program is not required to
apply the paragraph (b) of this section bidders list requirement of this subpart to an entity receiving an identified
loan in an amount of $250,000 or less, =or. an entity receiving more than one identified loan with a combined
total of $250,000 or less in any one fiscal year This exemption is limited to the paragraph (b) of this section
bidders list requirements of this subpart.
' Qualified Women and Minority business enterprises may be found on the Internet at www omwbe.wa.gov or by contacting the Washington State
Office of Minority and Women's Enterprises at 360- 704 -1181
City of Yakima Page 32 Attachment IV DBE Requirements
DM11- 952 -038 12/15/2011 DWSRF NT Loan Contract (Municipal)
ATTACHMENT V: CERTIFICATION REGARDING
DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS
United States
VI Environmental Protection Agency
EPA Project Control Number
United States,Environmental Protection Agency
, Washington, DC 2 0460
s .
The prospective participant certifies to the best of its knowledge and belief that it and the principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered
transactions by any Federal department or agency; ,. . '„
(b) Have not within a three year period preceding this proposal been convicted of or had a civil judgment rendered against for
commission of fraud or a criminal offense' in connection with obtaining;;attenipting to obtain; or performing a public (Federal,
State,-or local) transaction or contract under a public transaction. violation ,of Federal o'ryState antitrust' statutes or commission
of embezzlement, theft, forgery, bribery, falsification or destruction of records, =making false or receiving stolen
property; 8: .,
(c)_ Are not presently indicted for otherwise"crtininally or civilly charged by a government entity (Federal, State, or local) with
Y "commission of any of the offenses en umerated in paragraph (1)(b) of this certification, and
.. ' i' tl 3 t
(d)• Have not within a three -year period preceding this application /proposal had one or more public transactions (Federal,.
State, or local) terminated for cause•or default. -
I understand that a false statement on this certification may be ground for. rejection .of this proposal.or termination of the award. In
addition, under 18 USC Sec. 1001, a false statement may5result'inaa fine•of up to $10;000 or imprisonment for up to 5, years, or
both. .
g
k vt-e., � IA) nA io n ' �� f---7, ' m c S 1 0 el
Typed Name & Title of Authorized Representative '
Signature of Author zes Representative 4 Date , w
I am unable to certify to the above statements. My,explanatioitis attached. ,
EPA Form 5700 -49 (11 -88) r
City of Yakima , Page 33 Attachment V. Certification Regarding Debarment
DM11- 952 -038 12/15/2011 DWSRF NT Loan Contract (Municipal)
ATTACHMENT VI: DWSRF ELIGIBLE PROJECT COSTS
Must be directly attributable to the project. • Industrial and medical insurance.
• Vacation.
1. The costs for complying with the Uniform Relocation • Holiday.
Assistance and Real Property Acquisition Policies Act • Sick leave.
of 1970. • Military leave and jury duty.
2. DWSRF loan fees. Employee benefits must be calculated as a
percentage of direct labor dollars. The computation
3. The purchase of a portion of another system's capacity, of predetermined percentage rates to be applied to
if it is the most cost effective solution (limited to current labor costs must be based on the average of
publicly owned (municipal) systems). total employee benefits and total labor costs for the
. prior fiscal year and adjusted by known current
4 Construction of reservoirs (clear wells) that are part"of year variations.
the treatment process and are collocated with the A.
treatment facility. c. Other than work identified Number 9.a, no costs
associated with labor performed by the borrower's
5 Construction of distribution reservoirs(finished water). employees, including force account work, are
eligible for financing'assistance.
6. Cost associated with restructuring or consolidation of -
existing water systems by publicly owned water 10. Contract engineering, planning, design, legal, and
systems.' . financial planning services. The Board reserves the
right to declare ineligible legal costs that are
7. Main extensions to connect to safe and reliable sources unreasonable and disproportionate to the project. ,
of drinking water.
11. Contract construction Work. , .
8. Cost associated with collecting and ;preparing -
environmental as sessment,documents to obtain local 12. Direct vehicle and equipment charges at the actual
permits. rental cost,paidforthe equip in ° the case of city
or county -owned equipment, at the rental rates
9. Direct labor including related employee benefits: established by the local government's "equipment `
t rental and revolving fund" following the methods
a. Salaries and wages (at actual or"average rates) prescribed by the division of municipal corporations.
covering productive labor hours of employees of However; such costs must be charged on a uniform
the borrower (excluding the administrative basis t� equipment used for all projects regardless of
organization of the operating unit involved) for the source of funding. Cities with a population of eight
periods of time actively or incidentally engaged in thousand or less not using this type.,of fund are allowed
pre - design engineering, design engineering, the same rates as used by the State•Department of
construction engineering acquisition of rights of Transportation. ..
way, and the cleaning, sterilization or „ ” , ,
bacteriological testing of water system components , ' - 1=3. Direct materials and supplies.
prior to public" use. The costs of services
by employees generally classified as 14. Other direct costs incurred for materials or services
administration /project management of the loan are- ' adquired for a specific project are eligible costs and
considered a direct cost only when such employees °•.may but are not limited to such items as
are assigned the types of services described above -
and shall be limited to 3% or less of the project a. Telephone charges.
loan amount. b. Reproduction and photogrammetry costs.
b. Employee benefits relating to labor are considered c Video and photography for project documentation.
a direct cost of construction projects. The d. Computer usage.
following items may be included as employee e. Printing and advertising.
benefits
15 Other project related costs include:
• F.I.C.A. (Social Security) — employer's share. • Competitive Bidding.
• Retirement benefits. • Audit.
• Hospital, health, dental, and other welfare • Insurance.
insurance. • Prevailing wages.
• Life insurance. • Attorney fees.
City of Yakima Page 34 Attachment VII Labor Standard Provisions
DM11- 952 -038 12/15/2011 DWSRF NT Loan Contract (Municipal)
— — —
I'
I
• Environmental Review.
• Archaeological Survey.
Projects may be designed to accommodate reasonable
Water system plan costs are not eligible for reimbursement. growth. This is generally the 20 -year projection included in
Small water system management program and plan the system's water system plan or small water system
amendments costs are eligible for reimbursement. management program.
.
,
,
3y 1
3���ff n . ".,3 t -
.
c
City of Yakima Page 35 Attachment VII Labor Standard Provisions
DM11- 952 -038 „ 12/15/2011 DWSRF NT Loan Contract (Municipal)
ATTACHMENT VII: LABOR STANDARD PROVISIONS FOR
SUBRECIPIENTS THAT ARE GOVERNMENTAL ENTITIES
Contract and Subcontract provisions.
(a) The Recipient shall insure that the subrecipient(s) shall insert in full in any contract in excess of $2,000
which is entered into for the actual construction, alteration and /or repair, including painting and decorating,
of a treatment work under the CWSRF or a construction project under the DWSRF financed in whole or in
part from Federal funds or in accordance with guarantees of a Federal agency or financed from funds
obtained by pledge of any contract of a Federal agency to make.a loan, grant or annual contribution
(except where a different meaning is expressly indicated), and which is subject to the labor standards
provisions of any of the acts listed in § 5.1 or the FY 2011 appropriation , the following clauses:
(1) Minimum wages ' '
(i) All laborers and mechanics employed or working upon' site of the work will„ be-paid unconditionally
and not less -often than once a week, and. without subsequent deduction or rebate on any , account, (except
such payroll: deductions as are permitted by regulations issued by the Secretary of Labor: under the
Copeland Act-(29,CFR part 3)), the fuli;:am t,
ounof wages and bona fide fringe benefits (or cash equivalents
thereof) due at time of payment ° computed „at rates not less than those contained in the' wage determination
of the Secretary of.Laborwhich is attached hereto and made a'part hereof„,regardless of any contractual
relationship`which may be alleged to exist between the contractor and such "laborers and mechanics.
}
Contributions made: or =costs reasonably anticipated for bona fide fringe, benefits` under section 1(b)(2) of
the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid -to such laborers or
mechanics,- subject to`the provisions of paragraph (a)(1)(iv) of this section; also regular made
or' incurred for more than a weekly ,period (but not less often than quarterly) under.plans or
program'
rograms which cover the particularweekly period, are deemed to "be'constructively made or incurred
during such':weekiy period 'Such and mechanics shall, be paid the appropriate wage rate and -
fringe benefits on the wage 'determination -for.the classification of work actually,performed, without.regard to
skill, except as'`provided in § 5.5(a)(4). Laborers or :mechanics performing work in more than one
classification may be compensated at the.rate specified for each classification for the time actually worked
therein Provided, That the employer's payroll : records , accurately'set,forth the time spent:in'each
ciassification, which work is performed. Thewage determination :'(including'.any_additionai classification
and wage rates conformed under paragraph (a)(1)(ii)°•of this section) and the. Davis -Bacon poster (WH-
1321) shall be posted at all times 'by; the contractor and its, subcontractors at the site of the work in a
prominent and accessible place,where it can be 'easily seen by the workers
Subrecipients may obtain wage determinations from the U S. Department of Labor's'- site,
www dol.gov
(ii)(A) The subrecipient(s); on behalf of EPA, shall require that any class of laborers or mechanics,
including helpers, which is not listed in the wage determination and which,is be employed under the
contract shall be classified in conformance with the wage determination. The State award official shall
approve a request for an additional classification and wage rate and fringe benefits therefore only when the
. following criteria have been met.
(1) The work to be performed by the classification requested is not performed by a classification in the
wage determination; and
(2) The classification is utilized in the area by the construction industry; and
City of Yakima Page 36 Attachment VII Labor Standard Provisions
DM11 952 038 12/15/2011 DWSRF NT Loan Contract (Municipal)
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the
wage rates contained in the wage determination.
(B) If the contractor and the laborers and mechanics to be employed in the classification Of known), or their
representatives, and the subrecipient(s) agree on the classification and wage rate (including the amount
designated for fringe benefits where appropriate), documentation of the action taken and the request,
including the local wage determination shall be sent by the subrecipient (s) to the State award official The
State award official will transmit the request, to the Administrator of the Wage and Hour Division,
Employment Standards Administration, U S. Department of Labor, Washington, DC 20210 and to the EPA
DB Regional Coordinator concurrently. The Administrator, or an authorized representative, will approve,
modify, or disapprove every additional classification request within 30 days of receipt and so advise the
State award official or will notify the State award- official within the 30 -day period that additional time is
necessary
(C) In the event the contractor-,�the laborers or ",to be em ployed in the classification or their
representatives, and the' subreci�pient(s). do: not agree on`the proposed °classification and wage rate
(including the amount de :for fringe, benefits,' °where appropriate);' the award official shall refer the
request and the local wage determination, including the views of °all interested parties and the
recommendation of• =the State °award official, to the. Administrator• for determination =The request shall be
sent to the EPA DB• Coordinator concurrently The Administrator., or anauthorized representative,
will issue a determination' within 30 days of receipt of the request °and;so advise thecontracting officer or
will notify the contracting- officer within the 30 -day period that additionaI'time is necessary
(D) The.wage.rate-(including fringe 'benefits where appropriate) determined pursuant to .paragraphs ,
(a)(1)(ii),(B):or (C) of this section, shall be paid to all workers performing work in the classification under this
contract the firstday on-which work is performed in the classification
(iii)Whenever the minimum wag e.rate prescribed in the contract fora - class of laborers or mechanics
includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay,the benefit
as stated in the ■age'determination or shall pay another bona fide fringe' benefit" or an hourly cash
equivalent thereof
.
(iv) If. the contractor does not make payments to a trustee or other third person the contractor may
consider as part of thewages of.anylaborer or mechanic the amount of anycosts reasonably anticipated in
providing'bona fringe benefits under plan or.program, Provided,'T hat•the"Secretary of Labor has
found, uponthe•written.request of the contractor, that the applicable: standards ofthe Davis - Bacon Act
have been met The Secretary of Labor may require the contractor to set aside in a separate account
assets for the meeting of obligations under plan or program.
(2) Withholding. The subrecipient(s), shall upon written request of the :EPA Award Official or an authorized
representative of the.pepartment of Labor, withhold or cause to.;be withheld "from the. contractor under this
contract or any other Federal contract with thesame•prime•contractor, *or, any other federally- assisted
contract subject to Davis -Bacon prevailing Wage,regUirements, which'1s held by the same prime contractor,
so much of the accrued payments.or advances as may considered necessary.to pay laborers and
mechanics, including apprentices, trainees, and helpers, employed'by`the contractor or any subcontractor
the full amount of wages requiredby the contract: "In the event - of failure pay any laborer or mechanic,
including any apprentice, trainee, or helper, 'employed or .working: on" the site of the work, all or part of the
wages required by the contract, the (Agency) may, after written notice to the contractor, sponsor, applicant,
or owner, take such action as may be necessary to cause the suspension of any further payment, advance,
or guarantee of funds until such violations have ceased
(3) Payrolls and basic records.
(i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the
work and preserved for a period of three years thereafter for all laborers and mechanics working at the site
City of Yakima Page 37 Attachment VII Labor Standard Provisions
DM11- 952 -038 12/15/2011 DWSRF NT Loan Contract (Municipal)
of the work. Such records shall contain the name, address, and social security number of each such
worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs
anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section
1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual
wages paid. Whenever the Secretary of Labor has found under 29 CFR 5 5(a)(1)(iv) that the wages of any
laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a
plan or program described in section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain
records which show that the commitment to provide such benefits is enforceable, that the plan or program
is financially responsible, and that the plan or-program has'been communicated in writing to the laborers or
mechanics affected, and records which show the costs anticipated or the actual cost, incurred in providing
such benefits. Contractors employing apprentices..o_ r trainees „under approved programs shall maintain
written evidence of the registration, of. apprenticeship programs. and certification of trainee programs, the
registration of the apprentices and and the ratios'and wage rates prescribed in the applicable
programs
(ii)(A) The contractor shall submit weekly, for each week in which any contract work is performed, a copy
of all payrolls to tie' ub
srecipientthat is the entity, that receives the sub -grant or loan from the State
capitalization grant recipient. Such -documentation shall °be available onrequest of the State recipient or
EPA. As to each payroll copy received; =the subrecipient-s, hall provide written =confirmation in a form
satisfactory; to the State indicating: whether or not the project is b ieveomplience with the requirements. of 29
CFR 5.5(a)(1),based on jhe most,re.cent`pay`roll copies. for the specified week. The, shall set. out
accurately - and completely) all, of- the inforrriation< required to ;be,maintainect under.29 CFR 5 5(a)(3)(i);
except that full social. security numbers and home addresses "shall not be' "included on the,weekly payrolls
Instead the payrollssshall only need. to.,include an individually identifying, number for,reach employee (e.g ,
the last four.digits of the employee's social security number). The : required weekly payroll information may
be submitted in any,_ form. desired. Optional Form WH -347 is available for :this purpose from the Wage and
Hour Division Web site at http. / /www :dol.gov /esa /whd /forms /wh347instr.htm,,or itssuccessor site The
prime contractor is responsible for thesubmission of copies of payrolls by alf subcontractors Contractors
and subcontractors shall maintain the full social security numberand curreht..address of each covered
worker, and shall; provide them,`upon request to the subrecipient(s) for transmission to the State or EPA if
requested by:EPA the State, the contractor, or the Wage and Hour..Division of the Department of Labor for
purposes of an investigation oraudit -of compliance with prevailing; wage requirements It is not,a violation
of this section for a prime contractor to`require a subcontractor to provide addresses and social security
numbers :to the'prime contractor. for its own records, without weekly submission to the subrecipient(s).
(B) Each payroll submitted ' shall be. accompanied by a "Statement Compliance," signed by the contractor
or subcontractor or his "or heragent who pays or supervises the payment ofthe persons employed under
the contract and shall certify the -following:. -
(1) That the payroll for the payroll period contains the information required tobe provided under § 5.5
(a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under § 5 5 (a)(3)(i)
of Regulations, 29 CFR:part 5, and <that such information is correct and complete;
(2) That each laborer or rnechanic,(including each helper, ap "prentice, andtrainee) employed on the
contract during the payroll period 'has been paid the full weekly wages earned, ;without rebate, either
directly or indirectly, and that no'deductions have: -been rrmadeeitfier directly or indirectly from the full wages
earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3,
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe
benefits or cash equivalents for the classification of work performed, as specified in the applicable wage
determination incorporated into the contract.
(C) The weekly submission of a properly executed certification set forth on the reverse side of Optional
Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by
paragraph (a)(3)(ii)(B) of this section.
City of Yakima Page 38 Attachment VII Labor Standard Provisions
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(D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or
criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this
section available for inspection, copying, or transcription by authorized representatives of the State, EPA or
the Department of Labor, and shall permit such representatives to interview employees during working
hours on the job. If the contractor or subcontractor fails to submit the required records or to make them
available, the Federal agency or State may,. after written "notice to the contractor, sponsor, applicant, or
owner, take such action as may be necessary to cause the suspension of any further payment, advance, or
guarantee of funds. Furthermore, failure to submit the required records upon request or to make such
records available may be grounds for debarment action pursuant to 29 CFR 5.12.
(4) Apprentices and trainees -- ,
(i) Apprentices. Apprentices will, be perrnitted;to.work at Tess thanrthe predetermined rate for the work they
performed when they are employed pursuantto and:indiVidually registered: in a bona fide apprenticeship
• program registered with the U.S. Department of Labor, Employment and Training Administration, Office of
Apprenticeship Training, Employer and Labor Services, Or with a State Apprenticeship Agency recognized
by the Office, or if a person is employed in his or her first. 90 dayskof p robationary employment as an
apprentice in such an- apprenticeship program, who is not individually registered in the program;',but -who
has been certified: by the Office of Apprenticeship Training, Employer and Labor Services or. State
Apprenticeship Agency (where appropriate) to:be eligible for probationary employment, as anapprentice
The 'allowable,.ratio of apprentices to journeymen on the job site in any craft classification `shall not be
greater than-the ratio permitted to the contractor as to the entire work force, under the registered, program
Any worker listed on. payroll at an apprentice wage rate, who is not registered* otherwise employed,as
stated:above, shall: be paid not less than the applicable wage rate on the, wage determination for the
classification of work actually performed In addition, any apprentice performing work on the job in
excess of the ratio permitted under the registered program shall be paid notIless than the applicable wage
rate oh the°wage determination'for the work actually performed Where a obi Arecfor is performing
construction- on a projectin a locality other than that in which its ,program iSregistered, the ratio's and wage
rates (expressed in percentages of the journeyman's hourly rate); specified in the contractor's or
subcontractor's registered program,shall be observed. Every apprentice must: be:paid.at.not Tess than. the
rate specified in the registered prograrrffor apprentice's level of progress;; expressed as a - percentage
of the journeymen hourly. rate 'specified in'the applicable wage determination. Apprentices: shall, be paid
fringe benefits in accordance with the provisions of the' apprenticeship program If the apprenticeship
program does not specify fringe benefits, apprentices ` must: be. paidthe -full amount of fringe benefits listed
on the wage determination for.:the applicable classification. If the Administrator'determines that a different
practice prevail`s';for the applicable =apprentice classification, fringes shall be paid:jn accordance with that
determination. In the event the,Office of Apprenticeship Training Employer and Labor Services, or a State
Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the
contractor will no longer be permitted to utilize apprentices -at less than.the applicable predetermined rate
for the work performed untilan acceptable program is approved
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not:be permitted to work at Tess than the
predetermined rate for the work performed unless they :are employed „pursuant to and individually
registered in a program which has received prior approval, evidenced' by formal certification by the U S
Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the
job site shall not be greater than permitted under the plan approved by the Employment and Training
Administration Every trainee must be paid at not less than the rate specified in the approved program for
the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the
applicable wage determination Trainees shall be paid fringe benefits in accordance with the provisions of
the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full
amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour
Division determines that there is an apprenticeship program associated with the corresponding journeyman
City of Yakima Page 39 Attachment VII Labor Standard Provisions
DM11- 952 -038 12/15/2011 DWSRF NT Loan Contract (Municipal)
wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any
employee listed on the payroll at a trainee rate who is not registered and participating in a training plan
approved by the Employment and Training Administration shall be paid not less than the applicable wage
rate on the wage determination for the classification of work actually performed In addition, any trainee
performing work on the job site in excess of the ratio permitted under the registered program shall be paid
not less than the applicable wage rate on the wage determination for the work actually performed. In the
event the Employment Training Administration withdraws approval of a training program, the contractor
will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work
performed until an acceptable program is approved."
(iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part
shall be in conformity with the equal employmentopportunity requirements of Executive Order 11246, as
amended, and 29 CFR part 30:
(5) Compliance with Copeland Act requirements.v"MThe contractor'shall comply with the requirements of 29
CFR part 3, which are incorporated by' reference in this contract..
(6) Subcontracts The contractor or subcontractor shall insert in any subcontracts the clauses contained in
29 CFR 5 5(a)(1) through (10) and such other clauses as'the EPA determines` may by,apprdpriate, and
also a clause requiring the subcontractors to include` these clauses.in any lower. tier subcontracts The
prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor
with all the contract clauses in 29 CFR 5:5.
(7) Contract termination; debarment. A breach of the contract clauses in 29 :CFR 5.5 may be grounds for
termination of the contract, and for debarment as a contractor and a"subcontractor'as, provided:in 29 CFR
5.12.a . "y
(8) with Davis- Bacon and Related Act requirements. All rulingsaand interpretations of the
Davis- Bacon. and Related Acts- contained in 29 CFR parts 1, 3, and 5 -,are herein :incorporated by reference
in this ,contract
(9) Disputes, concerning labor standards Disputes arising out of "the labor standards provis_ ions:of this
contract shall not be subject to the general disputes clause of this' contract Such disputes shall be "resolved
in accordance, with the Jprdbedures of the Department of,Labor 'set forth in29 CFR parts 5, 6 -and 7.
Disputes within the meaning of this clause include disputes between the (or any of its
subcontractors) and Subrecipient(s), State, EPA; the U S Department of Labor; or the employees or their
representatives
(10) Certification of eligibility.
(i) By entering into this contract contractor certifies that neither it (nor he or she) nor any person or firm
who has an interest in'the contractor's firm is a :person or firm ineligible to be awarded Government
contracts by virtue of section 3(a) of the Davis -Bacon Act or 29.C,FR 5 12(a)(1):'
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a
Government contract by virtue of section 3(a) of the Davis -Bacon Act or29 CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S Criminal Code, 18 U S.C. 1001.
4 Contract Provision for Contracts in Excess of $100,000.
(a) Contract Work Hours and Safety Standards Act. The subrecipient shall insert the following clauses set
forth in paragraphs (a)(1), (2), (3), and (4) of this section in full in any contract in an amount in excess of
$100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act.
City of Yakima Page 40 Attachment VII Labor Standard Provisions
DM11- 952 -038 12/15/2011 DWSRF NT Loan Contract (Municipal)
These clauses shall be inserted in addition to the clauses required by Item 3, above or 29 CFR 4 6. As
used in this paragraph, the terms laborers and mechanics include watchmen and guards
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work
which may require or involve the employment of laborers or mechanics shall require or permit any such
laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of
forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not Tess
than one and one -half times the basic rate of pay for all hours worked in excess of forty hours in such -
workweek.
(2) Violation; liability for unpaid wages; liquidated`damages. In the event of any violation of the clause set
forth in paragraph (a)(1) of this section the contractor andL.any.subcontractor responsible therefore shall be
liable for the unpaid wages. In addition, such;.contractor and subcontractor shall be liable to the United
States (in the case of work'dbne under contract for the District of : Columbia or a territory, to such District or
to such territory), for liquidated damages Such liquidated damages shall be computed with respect to each
individual laborer or mechanic,` including watchmen and guards violation of the clause set
forth in paragraph of this section, in the sum of $10`for each calendar day on which such individual
was required or permitted : to work in- excess of the standard workweek of forty hours, without payment of the
overtime wages required by the clause set forth in,paragraph (a)('1) ofthis `section:
(3) Withholding for d wages,and liquidated damages „ ;The.subrecipient,'upon'written request of the
EPA Award Official or an authorized representative:of the Department of Labor,`shall withhold or`cause to
be withheld, from any moneys payable on.account of work performed, by the Contractor subcontractor
under any such contract or any other Federal contract with the same prime contractor; or any other
federally- assisted contract subject to to the Contract Work Hours and Standards Act which is held by
the..same prime contractor, such sums. as may be determined to be, necessary to satisfy any liabilities of
such contractor or subcontractor for unpaid wages and liquidated damages as provided in The clause set
forth in paragraph (b)(2) o this section,.
(4) Subcontracts: The contractor or..subcontractor shall insert in any subcontracts the clauses .set forth in
paragraph (a)(1) through (4) of this secti and also a clause requiting the subcontractors to include these
clauses in any lower tier` subcontracts The prime contractor shall :be responsible for compliance by'any:
subcontractor, or lower tier subcontractor withAthe clauses set forth ir► paragraphs (a)(:1)'`through (4) of this
section. Y
(b) In addition to the clauses contained in Item 3, above, in a ny contract subject only to the Contract Work
Hours and Safety Standards Act and not to any of the other statutes cited in 29 CFR 5,1,,the Subrecipient
shall insert a clause requiring thatjhe contractor or subcontractor shall maintain payrolls and'basic payroll
records during the course of.the work and'shail preserve'them for a period of three years from the
completion of the contract for all laborers and mechanics,,including guards and watchmen, working on the
contract. Such records shall contain the name and address of each such, employee, social security number,
correct classifications, hourly rates of wages paid, daily and weekly number of hours' worked, deductions
made, and actual wages paid. Further, the, Subrecipient shall insert in any suchcontract a clause providing
hat the records to be maintained under this paragraph shall bemade available by the contractor or
subcontractor for inspection, copying,. or transcription by authorized, representatives of the (write the name
of agency) and the Department of .Labor, and the,contractor or subcontractor will permit such
representatives to interview employees during working hours -on the job
5. Compliance Verification
(a) The subrecipient shall periodically interview a sufficient number of employees entitled to DB prevailing
wages (covered employees) to verify that contractors or subcontractors are paying the appropriate wage
rates As provided in 29 CFR 5.6(a)(6), all interviews must be conducted in confidence. The subrecipient
City of Yakima Page 41 Attachment VII Labor Standard Provisions
DM11- 952 -038 12/15/2011 DWSRF NT Loan Contract (Municipal)
must use Standard Form 1445 (SF 1445) or equivalent documentation to memorialize the interviews.
Copies of the SF 1445 are available from EPA on request.
(b) The subrecipient shall establish and follow an interview schedule based on its assessment of the risks
of noncompliance with DB posed by contractors or subcontractors and the duration of the contract or
subcontract. At a minimum, the subrecipient should conduct interviews with a representative group of
covered employees within two weeks of each contractor or subcontractor's submission of its initial weekly
payroll data and two weeks prior to the estimated completion date for the contract or subcontract.
Subrecipients must conduct more frequent interviews` if'the: initial interviews or other information indicates -
that there is a risk that the contractor or subcontractor is not complying with DB . Subrecipients shall
immediately conduct necessary interviews. in; response to an; alleged violation of the prevailing wage
requirements All interviews shall be conducted - :in confidence.
.;, : ,,
(c) The subrecipient shall, conduct spot-checks of a' representative :sample of weekly payroll
data to verify that contractors or. subconfr"actors are paying. the appropriate wage rates. The subrecipient
shall establish and follow a "spat'check schedule based on - its assessment. } of. : the risks of noncompliance
with DB posed by,contractors or subcontractors and'• theduration of the contract or' subcontract. At a
minimum, if practicable;`' the'subrecipient should spot check payroll data within two weeks of each
contractor or subcontractor's submission of its initial payroll, data-andtwo.-weeks prior to the completion
date the contract or subcontract -; Subrecipients must conduct•mare frequent spot checks if the initial spot
check or other •information indicates ;that`there is a risk that the contractor or subcontractor is not complying
with DB. In'addition during;the examinations the subrecipierit shall verify evidence af fringe benefit plans
and payments thereunder.by contractors and subcontractors ,who. for fringe:!benefit ,
contributions: ,`. - - ,' „
(d) } The subrecipient shall periodically'review contractors and subcontractors use of apprentices and'
trainees to; v erify registration and .certification with respect to apprenticeship and programs
approved by;either the,U•:S Department of Labor or a state, as appropriate; and that contractors and
subcontractors are not using disproportionate numbers of, laborers, trainees and apprentices. These
reviews shallabe ' in accordance with the schedules for spot checks and- interviews described 'in
Item 5(b) and (c) above..
(e) , Subrecipients must immediately report potential violations of the DB prevailing wage requirements to
the EPA DB contact listed above s and„to . the,appropriate DOL;Wage and Hour District Office'Iisted at
http. //www.dol.gov /esa /contacts /whd /america2'htm },.' ; - ,
n n, . rye,.
Wes: .. ,
City of Yakima Page 42 Attachment VII Labor Standard Provisions
DM11- 952 -038 12/15/2011 DWSRF NT Loan Contract (Municipal)
FORM Approved By 0M13 No 2030 -002(1 Expires 12-31-2011.
United States Environmental Protection Agency
Washington, DC 20460
Preaward Compliance Review Report for
All Applicants and Recipients Requesting EPA Financial Assistance
Note. Read instructions on other side before completing form.
I Applicant /Recipient (Name, Address, State, Zip Code) DUNS No
City of 1 akima, 129 N.2" St.: 1 akima, WA 98901 78212651
71 Is the a pplicant currently receiving EPA assistance? See attached
III List all civil rights lawsuits and administrative complaints pending against the applicant/recipient that allege
discrimination based on race, color, national origin, sex, age, or disability (Do not include employment complaints
not covered by 40 C F R Parts 5 and 7 See instructions on reverse side )
See attached
IV List all civil rights lawsuits and administrative complaints decided against the applicant /recipient within the last year that allege
discrimination based on race, color, national origin, sex, age, or disability and enclose a copy of all decisions Please describe all
corrective action taken (Do not include employment complaints not covered by 40 C F R Parts 5 and 7 See instructions on reverse
side) None
V List all civil rights compliance reviews of the applicant /recipient conducted by any agency within the last two years and enclose a
copy of the review and any decisions, orders, or agreements based on the review Please describe any corrective action taken (40
C F R § 7 80(c)(3)) one
VI Is the applicant requesting EPA assistance for new construction? If no, proceed to VII, if yes, answer (a) and /or (b) below
YES NO (see attached)
a If the grant is for new construction, will all new facilities or alterations to existing facilities be designed and constructed to be
readily accessible to and usable by persons with disabilities? If yes, proceed to VII, if no, proceed to VI(b) Yes No
b If the grant is for new construction and the new facilities or alterations to existing facilities will not be readily accessible to and
usable b .ersons with disabilities, explain how a regulatory exception (40 C F R. § 7 70) applies Yes No
VII * Does the applicant/recipient provide initial and continuing notice that it does not discriminate on the basis of race, color, national
origin, sex,age, or disability in its programs or activities? (40 C F R § 5 140 and § 7 95) Yes No
a. Do the methods of notice accommodate those with impaired vision or hearing? Yes No
b Is the notice posted in a prominent place in the applicant's offices or facilities or, for education programs and activities, in
appropriate periodicals and other written communications? Yes No
c. Does the notice identify a designated civil rights coordinator? Yes No
See Attached
VIII* Does the applicant /recipient maintain demographic data on the race, color, national origin, sex, age, or handicap of the population
it serves? (40 C F R § 7 85(a)) %es
IX.* Does the applicant /recipient have a policy /procedure for providing access to services for persons with limited English proficiency?
(40 C F R Pan: 7, E.0 13166) Yes
X.* If the applicant/recipient is an education program or activity, or has 15 or more employees, has it designated an employee to
coordinate its compliance with 40 C F R Parts 5 and 7? Provide the name, title, position, mailing address, e-mail address, fax
number, and telephone number of the designated coordinator Karen Bissell, H. R. Specialist, 129 N 2 St.,
Yakima, WA 98901, kbissellaci.vakima.wa.us, (509) 576 -638, (509) 576 -6612.
XI* If the applicant/recipient is an education program or activity, or has 15 or more employees, has it adopted
grievance procedures that assure the prompt and fair resolution of complaints that allege a violation of 40 C F R
Parts 5 and 7? Provide a legal citation or Internet address for, or a copy of, the procedures See Attached
For the Applicant/Recipient
I certify that the statements I have made on this form and all attachments thereto are true, accurate and complete I acknowledge that
any knowingly falsE or misleading statement may be punishable by fine or imprisonment or both under applicable law I assure that I
will fully comply with all applicable civil rights statutes and EPA regulations
A. Sig ature of Authorized Official
2-1-
Interim City Manager Z'
B Title of Authorized Official C Date
For the U.S. Environmental Protection Agency
I have reviewed the information provided by the applicant/recipient and hereby certify that the applicant/recipient has submitted all
preaward compliance information required by 40 C F R Parts 5 and 7, that based on the information submitted, this application
satisfies the preaward provisions of 40 C F R Parts 5 and 7 and that the applicant has given assurance that it will fully comply with all
applicable civil rights statutes and EPA regulations
A. Signature of Authorized EPA Official See ** note on reverse B Title of Authorized EPA Official C Date
side
EPA Forni 47(10 -4 (Rev 03/2008) Previous editions are obsolete
City of Yakima Page 1 EPA Form 4700 -4
DM11- 952038 1/30/2012 DWSRF NT Loan Contract (Municipal)
5
Instructions for EPA FORM 4700 -4 (Rev. 03/2008)
General Items
Recipients of Federal financial assistance from the U S "Applicant" means any entity that files an application or unsolicited
Environmental Protection Agency must comply with the proposal or otherwise requests EPA assistance. 40 C F R. §§ 5 105,
following statutes and regulations. 7.25.
Title VI of the Civil Rights Acts of 1964 provides that no person "Recipient" means any entity, other than applicant, which will
in the United States shall, on the grounds of race, color, or actually receive EPA assistance. 40 C F.R. §§ 5 105, 7.25. "Civil
national origin, be excluded from participation in, be denied the rights lawsuits and administrative complaints" means any lawsuit or
benefits of, or be subjected to discrimination under any program administrative complaint alleging discrimination on the basis of race,
or activity receiving Federal financial assistance. The Act goes color, national origin, sex, age, or disability pending or decided
on to explain that the statute shall not be construed to authorize against the applicant and /or entity which actually benefits from the
action with respect to any employment practice of any grant, but excluding employment complaints not covered by40
employer, employment agency, or labor organization (except C F R. Parts 5 and 7 For example, if a city is the named applicant
where the primary objective of the Federal financial assistance but the grant will actually benefit the Department of Sewage, civil
is to provide employment). Section 13 of the 1972 Amendments rights lawsuits involving both the city and the Department of Sewage
to the Federal Water Pollution Control Act provides that no should be listed. "Civil rights compliance review' means any review
person in the United States shall on the ground of sex, be assessing the applicant's and /or recipient's compliance with laws
excluded from participation in, be denied the benefits of, or be prohibiting discrimination on the basis of race, color, national origin,
subjected to discrimination under the Federal Water Pollution sex, age, or disability Submit this form with the original and required
Control Act, as amended. Employment discrimination on the copies of applications, requests for extensions, requests for
basis of sex is prohibited in all such programs or activities. increase of funds, etc. Updates of information are all that are
Section 504 of the Rehabilitation Act of 1973 provides that no required after the initial application submission. If any item is not
otherwise qualified individual with a disability in the United relevant to the project for which assistance is requested, write "NA"
States shall solely by reason of disability be excluded from for "Not Applicable." In the event applicant is uncertain about how to
participation in, be denied the benefits of, or be subjected to answer any questions, EPA program officials should be contacted
discrimination under any program or activity receiving Federal for clarification. * Questions VII — XI are for informational use only
financial assistance. Employment discrimination on the basis of and will not affect an applicant's grant status. However, applicants
disability is prohibited in all such programs or activities. The should answer all questions on this form (40 C F R. Parts 5 and 7).
Age Discrimination Act of 1975 provides that no person on the ** Note. Signature appears in the Approval Section of the EPA
basis of age shall be excluded from participation under any Comprehensive Administrative Review For Grants /Cooperative
program or activity receiving Federal financial assistance. Agreements & Continuation /Supplemental Awards form. Approval
Employment discrimination is not covered Age discrimination in indicates, in the reviewer's opinion, questions I — VI of Form 4700 -4
employment is prohibited by the Age Discrimination in comply with the preaward administrative requirements for EPA
Employment Act administered by the Equal Employment assistance.
Opportunity Commission. Title IX of the Education Amendments
of 1972 provides that no person in the United States on the
basis of sex shall be excluded from participation in, be denied
the benefits of, or be subjected to discrimination under any
education program or activity receiving Federal financial
assistance. Employment discrimination on the basis of sex is
prohibited in all such education programs or activities. Note. an
education program or activity is not limited to only those
conducted by a formal institution.
40 C F R. Part 5 implements Title IX of the Education "Burden Disclosure Statement"
Amendments of 1972.
40 C F R. Part 7 implements Title VI of the Civil Rights Act of EPA estimates public reporting burden for the preparation of this
1964, Section 13 of the 1972 Amendments to the Federal form to average 30 minutes per response. This estimate includes
Water Pollution Control Act, and Section 504 of The the time for reviewing instructions, gathering and maintaining the
Rehabilitation Act of 1973. The Executive Order 13166 (E.O data needed and completing and reviewing the form. Send
13166) entitled, "Improving Access to Services for Persons with comments regarding the burden estimate, including suggestions for
Limited English Proficiency' requires Federal agencies work to reducing this burden, to U S. EPA, Attn Collection Strategies
ensure that recipients of Federal financial assistance provide Division (MC 2822T), Office of Information Collection, 1200
meaningful access to their LEP applicants and beneficiaries. Pennsylvania Ave., NW, Washington, D C 20460; and to the Office
of Information and Regulatory Affairs, Office of Management and
Budget, Washington, D C. 20503. The information on this form is
required to enable the U S Environmental Protection Agency to
determine whether applicants and prospective recipients are
developing projects, programs and activities on a nondiscriminatory
basis as required by the above statutes and regulations.
City of Yakima Page 44 EPA Form 4700 -4
DM11- 952 -038 1/23/2012 DWSRF NT Loan Contract (Municipal)
qy j
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No t-ii •
For Meeting of February 7, 2012
ITEM TITLE: Resolution authorizing an agreement regarding a loan from the Drinking
Water State Revolving Fund totaling $3,514,800 for the Water
Treatment Plant Backwash Storage Project
SUBMITTED BY: Michael Morales, Interim City Manager
Dave Brown, Water /Irrigation Manager
CONTACT Dave Brown, Water /Irrigation Manager - 509 - 575 -6204
PERSON /TELEPHONE:
SUMMARY EXPLANATION:
The existing backwash storage /recycle lagoon is undersized and very difficult to clean. As the new backwash
recycle rules are implemented in 2011, we must have the capability to control the backwash return flow in
proportion to the Water Treatment Plant flow These deficiencies were outlined in our 2004 and 2010 Water
System Plan. The plan also anticipated this project to be designed and constructed in 2010/2011, however
funding has not been secured until now. We were successful in obtaining a low interest, 1 1/2 %, loan from the
Drinking Water State Revolving Fund.
This project would design a facility with the capability to control the return flow and adequate sized lagoons along
with the ability to clean the lagoon easier. The project will also replace the inadequately sized electrical service
and mover the electrical back -up generator. A project report for the preliminary design was submitted to the
Department of Heath as part of the pre -loan requirements.
Loan amount of $3,514,800
Resolution X Ordinance Other (specify)
Contract: X Mail to:
Contract Term: 20 year loan Amount: $3,514,800 Expiration Date:
Insurance Required? No
Funding
Source: Phone:
APPROVED FOR
SUBMITTAL: . , City Manager
STAFF RECOMMENDATION:
Approve resolution authorizing the City Manager to execute documents and agreements pursuant to a loan from
0 adOptea I e ed .--- lq
the Drinking Water State Revolving Fund totaling $3,514,800 for the Water Treatment Plant Backwash Storage
Project.
BOARD /COMMISSION RECOMMENDATION:
ATTACHMENTS:
Click to download
❑ Resolution
❑ Loan Contract