HomeMy WebLinkAbout03/02/2010 14 8th Street Reconstruction; Public Works Board; Washington State Direct Appropriation; DFI 0 BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. - A' ) `t
For Meeting of: March 2, 2010
ITEM TITLE: Consideration of a Resolution authorizing the City Manager to execute
agreements, certifications and readiness surveys pursuant to the award of a
Washington State Direct Appropriation administered by the Public Works
Board, in the amount of $1,000,000 to complete reconstruction of 8 Street
between "A" Street and Chestnut Avenue as part of the Downtown Futures
Initiative (DFI).
SUBMITTED BY: Bill Cook, Director of Community and Economic Development
CONTACT: Bill Cook, 575 -6113
SUMMARY EXPLANATION:
As the state grant has been awarded by the Washington State Public Works Board (PWB) and
as the PWB is the administrator of these funds, the City is processing the appropriate
4110 paperwork to secure a contract with the PWB in the amount of $1,000,000 less the Public
Works Boards' contract management costs in accordance with the terms and conditions of the
award. A PWB boiler plate contract is attached which will be finalized by the PWB upon receipt
of their requested Contract Readiness Survey.
The City has committed $50,000 in local funds to the design and preliminary Engineering of this
project. The PWB funding will be used for construction only. Construction will commence late
this spring in conjunction with the East "A" Street portion of the DFI Project. All construction
work is anticipated to be completed late summer.
Resolution X Ordinance _ Contract _Other: (Specify)
Funding Source: Washingto sLto and Public Works Board
Approval for Submittal: City Manager
STAFF RECOMMENDATION: Staff recommends approval of the resolution.
BOARD RECOMMENDATION:
0 COUNCIL ACTION:
1
• RESOLUTION NO. R -2010-
A RESOLUTION authorizing and directing the City Manager to execute agreements,
certifications and readiness surveys pursuant to the award of a Washington
State Direct Appropriation administered by the Public Works Board, in the
amount of $1,000,000 to complete reconstruction of 8 Street between "A"
Street and Chestnut Avenue as part of the Downtown Futures Initiative
(DFI). The City Manager will also be authorized to execute any other such
documents that may be deemed necessary and prudent for the completion
of this project.
WHEREAS, the Washington State Legislature in Laws of 2009, made an appropriation
to support the Local and Community Projects Program and directed the Washington State
Public Works Board ( "PWB ") to administer those funds; and
WHEREAS, the enabling legislation stipulated that $1,000,000.00 was thereby
appropriated for the Yakima Downtown Futures Initiative in Yakima, Washington; and
WHEREAS, the scope of work to be added to the attached boiler plate contract between
the City and the PWB involves improvements to Downtown Yakima such as new sidewalks,
irrigation and electrical infrastructure, trees, pedestrian lighting, planters, and other necessary
i improvements; and
WHEREAS, the PWB is willing to provide the appropriated funds, in accordance with the
terms and conditions of the attached boiler plate agreement; and
WHEREAS, the City Council of the City of Yakima deems it to be in the best interest of
the City of Yakima to enter into the attached contract with the PWB for the receipt of state funds,
now, therefore;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute the final Washington "-
State Public Works Board. Contract, and all related documents, for the receipt of state funds for
Phase 4 of the Yakima Downtown Futures Initiative.
ADOPTED BY THE CITY COUNCIL this 2nd day of March, 2010.
Micah Cawley, Mayor
ATTEST:
City Clerk
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P ubl i c Works Board
7 46) 906 Columbia Street SW
Post Office Box 48319
Olympia, Washington 98504 -8319
l 1 (360) 725-3150
www.pwb.wa.gov
Capital Agreement between:
«LegalName»
and
Public Works Board
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For:
Project Name: «ProjectTitle»
Contract Number: «LoanNumber»
Project Type: 2009 -2011 Washington State Capital Budget
Direct - Appropriation
Execution /Start Date: Date of Contract Execution
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innovation is in our nature.
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TABLE OF CONTENTS
CONTRACT FACE SHEET 1
CONTRACT TERMS AND CONDITIONS 2
Part 1. SPECIAL TERMS AND CONDITIONS 2
1.1. DEFINITIONS r, ' 2
1.2. AUTHORITY 2
1.3. PURPOSE .... ..................::........... :,::.. 2
1.4. ORDER OF. S PRECEDENCE 2
1.5. GRANT AMOUNT 2
1 6 CERTIFICATION OF FUNDS 3
1.7. MODIFICATION TO THE PROJECT COSTS 3
1.8 PROJECT EXPENDITURES ELIGIBLE FOR REIMBURSEMENT 3
1 9. BILLING PROCEDURES `AND PAYMENT 4
• 10 CERTIFIED ,PROJECT COMPLETION,REPORT AND?FINAL PAYMENT 5
X it Y k - t
1 11' REPORTS 5
1 12 EVALUATION AND MONITORING. 5
1.1 OWNERSHIP OF PROJECT /CAPITAL FACILITIES' 6
1 1 4 CHANGE OF OWNERSHIP OR'USE FOR CONTRACTOR OWNED PROPERTY6
NGE OF USE
FOR LEASED PROPERTY :.. :. . ...
6
1.16. HISTORICAL AND CULTURAL ARTIFACTS :. .. 6
SIGNAGE ,MARKERS, AND PUBLICATIONS 6
1.1.8 PREVAILING WAGE LAW
1.19. INSUR ¢' 7
1.20 RECAPTURE PROVISION ....................... 9,
1.21 REDUCTION IN FUNDS 9
122 REAPPROPRIATION 9
Part ^: GENERAL TERMS CONDITIONS s 10
21 DEFINITIONS . ......... 10
2 2. ALLOWABLE COSTS
2 3' ALL WRITINGS CONTAINED HERE .` 10
2 4, AMENDMENTS .. ".....10
2 5 AMERICANS WITH DISABILITIES ACT (ADA) "OF 1990 PUBLIC LAW 101 -336,
ALSO REFERRED TO AS THE "ADA' 28 CFR PART 35 10
2.6. APPROVAL 10
'2.7. ASSIGNMENT 's 10
2.8 .,ATTORNEYS' FEES......... ........ 11
4 ..r. 11
2.9. A .... .. : ... ....: :.... ,...,
2.10 ; C ODE REQUIREMENTS 12
2.11. CONFIDENTIALITY /SAF.EGUARDING =OF "INFORMATION 12
2.12. CONFORMANCE 13
2.13. COPYRIGHT PROVISIONS 13
2.14. DISALLOWED COSTS 13
2.15. DISPUTES 13
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2.16. DUPLICATE PAYMENT 14
2.17. ETHICS /CONFLICTS OF INTEREST 14
«LegalName» Page i Table of Contents
«LoanNumber» 2/23/2010 2009 -2011 Direct- Appropriation Contract
0 2.18. GOVERNING LAW AND VENUE 14
2.19. INDEMNIFICATION 14
2.20. INDEPENDENT CAPACITY OF THE CONTRACTOR 14
2.21. INDUSTRIAL INSURANCE COVERAGE 15
2.22. LAWS • 15
2.23. LICENSING, ACCREDITATION AND REGISTRATION 15
2.24. LIMITATION OF AUTHORITY 15
2.25. LOCAL PUBLIC TRANSPORTATION COORDINATION 15
2.26. NONCOMPLIANCE WITH +NONDISCRIMINATION LAWS 16
2.27. POLITICAL ACTIVITIES 16
2.28. PREVAILING WAGE LAIN 16
2.29. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION 16
2.30 PUBLICITY° '`' '` 16
ro' rh x'
2.31. RECAPTURE' 16
+' ' it '^
2.32. RECORDS4MAI ?, s' 16
; 3 x 1,: ,
2.33 REGISTRATION VI/ITH DEPARTMEN O F REVENUE 17 '
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2.34 RIGHT OF INSPECTION {` , 17
2 35 SAVINGS Y _ 17
2 36 SEVERABILITY �r , , 17
2:37 SU R VI VAL . a '
s , ,: .. M 17
n. 4 L �R P 1 �.
2 38 TAXES � 17
`" 2 39 TERMINATION FOR CAUSE / SU SPENSION . F +�
'` ION FOR CONVENIENC r - . i= 1 8
2,4.0 TERMINAT 4 fy
0 :1' 2.41 TERMINATION' PROCEDURES 4 h 'y 18 1 s 24
WAIVER
M A S
r,9 � i '"� � adr L � r �f h
P E OF WORK ................ ... 19
ATTACHME I� P R O J E C T SCO � :7,, ,
AT PI CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE
45r y i 3 :1 1,�, Y
THE PROJECT 20
sZ r� 1 4� afi P ` 4. ry . � rk V
AT 111 ESTIMA PRO ECT COSTS 1` N . 22
ATT IV C E R T I F I CATION OF THE PAYMENT AND R TING ` OF z °` ' �` {"
'� - x r f ", i n 4 ', k c. 5 F - EPOR j "
PREVAILING WAGES`' `z i
1: ,,:,,� F t -,: ?� , ,;':, t+ •, is . -?��i +� . 1 � '��.. t ,,s ��; �.. �2
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ATTACHM CE RTIFICATIO N O''THE�INTENT TO ENT LE ADE R S HIP IN S'
ENERGY AND ENVIRONMENTAL DESIGN ( LEED) „CERTIFICATION _ PRO CES S 24
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«LegalName» Page'ii' Table of Contents
«LoanNumber» 2/23/2010 2009 -2011 Direct Appropriation Contract
CONTRACT FACE SHEET
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Contract Number: «LoanNumber»
Washington State Department of Commerce
PUBLIC WORKS BOARD
2009 -2011 GRANT PROGRAMS— DIRECT- APPROPRIATION PROJECTS
1. Contractor 2. Contractor Doing Business As (optional)
«LegalName» N/A
«LoanContactStreetl» «LoanContactStreet2
«Projectcity», «ProjectState» «Project Zip»
3. Contractor Representative 4. Public Works Board Representative
«LoanContactName» Covina Grigoras, Special Programs Manager, Public Works Board
«LoanContactStreetl» PO Box 48319, Olympia, WA 98504 -8319
«LoanContactStreet2» Clare Billings, Managing Director, Contracts Administration Unit
«Projectcity», «ProjectState» «ProjectZip» PO Box 42525, Olympia, WA 98504 -2525
5. Contract Amount 6. Funding Source 7. Contract 8. Contract End Date
Start Date
24 months from Contract
Contract execution (provided that funds
$«LoanAmountExec» Federal ❑ State: Q Other: ❑ N /A: ❑ Execution Date are re appropriated into the
2011 -2013 biennium)
9. Federal Funds (as applicable) Federal Agency CFDA Number
N/A N/A N/A
10. Tax ID # 11. SWV # 12. UBI # ' 13. DUNS #
«FederalTaxlD»
14. Contract Purpose
Board and the Contractor have entered into this Contract to undertake a legislatively- approved project that furthers the
goals and objectives of Washington State, as indicated in the Engrossed Substitute House Bill 1216, Section 1050 (4),
enacted on May 15, 2009.
The Board, 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 date below to start as of the date and year last
written below. The rights and obligations of both parties to this Contract are governed by this Contract and the following
other documents incorporated by reference: Contract Terms and Conditions including ATTACHMENT I: PROJECT
SCOPE OF WORK; ATTACHMENT II: CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE
PROJECT; ATTACHMENT III : ESTIMATED PROJECT COSTS; ATTACHMENT IV: CERTIFICATION OF THE PAYMENT
AND. REPORTING OF PREVAILING WAGES; and ATTACHMENT V: CERTIFICATION OF INTENT TO ENTER THE
LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN (LEER) CERTIFICATION PROCESS.
FOR THE CONTRACTOR FOR THE PUBLIC WORKS BOARD
Signature John LaRocque, Executive Director
Print Name Date
APPROVED AS TO FORM ONLY
Title This 7 Day of December, 2009
Rob McKenna
Date Attorney General
Signature on File
Kathryn Wyatt
Assistant Attorney General
«LegalName» Page 1 Contract Face Sheet
«LoanNumber» 2/23/2010 2009 -2011 Direct - Appropriation Contract
CONTRACT TERMS AND CONDITIONS
PUBLIC WORKS BOARD
2009 -2011 GRANT PROGRAMS- DIRECT - APPROPRIATION PROJECTS
Part 1. SPECIAL TERMS AND CONDITIONS
1.1. DEFINITIONS
As used throughout this 2009 -2011 Washington State Capital Budget Direct-Appropriation Contract
the following terms shall have the meaning set forth below:
A. "Contract" shall mean this 2009 - 2011 Washington State Capital Budget Direct- Appropriation
Contract.
B. "Contractor shall mean the entity identified on the Contract Face Sheet performing service(s)
under this Contract and who is a party to the Contract, and shalt include all employees and
agents of the Contractor.
C.. "The Board" shall mean the
Washington State Public Works Board created in Revised Code of
Washington (RCW) 43.155.030, and who is a Party to the Contract.
1.2. AUTHORITY
Acting under the authority of Chapter 43.155 RCW, the Board has awarded the Contractor a 2009-
2011 Washington State Capital Budget Direct - Appropriation grant for a legislatively - approved
project., The Engrossed Substitute House Bill 1216, Section 1050 ( enacted on May 15, 2009, •
made an appropriation to support the Temporary Public Works Board Grant Program and directed
the Board to administer those funds.
1.3. PURPOSE
The Board and the Contractor have entered into this Contract to undertake a legislatively approved
project p j ct that furthers the goals and objectives of Washington State. The project will be undertaken
by the Contractor and will include the activities identified in ATTACHMENT I: PROJECT SCOPE
OF WORK. The project must be undertaken in accordance with the Contract terms and conditions,
and all applicable state and local laws and ordinances, which by this reference are incorporated into
this Contract as though set forth fully herein.
1.4. ORDER OF PRECEDENCE
In the event; of an inconsistency in this Contract, the inconsistency shall be resolved by giving
precedence in the following order:
A. Applicable federal and State of Washington statutes and regulations.
B. Special Terms and Conditions including all the attachments.
C. General Terms and Conditions.
1.5. GRANT AMOUNT
• The Board shall pay an amount not to exceed the awarded grant amount of $ «LoanAmountExec»
for the eligible costs necessary for or incidental to the performance of work as set forth in
ATTACHMENT I: PROJECT SCOPE OF WORK.
«LegalName» . Page 2 Contract Terms and Conditions
«LoanNumber» 2/23/2010 2009 -2011 Direct - Appropriation Contract
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1.6. CERTIFICATION OF FUNDS
A. The release of state funds under this Contract is contingent upon the Contractor certify that
it has expended or has access to funds from other sources as set forth in ATTACHMENT 11:
CERTIFICATION OF THE AVAILABILITY OF FUNDSTO COMPLETE THE PROJECT to
complete all the project activities identified in ATTACHMENT 1: PROJECT SCOPE OF WORK.
• Such sources may consist of a combination of any of the following:
- i. Loans Cr grants `' '
ii. Eligible project expenditures.prio to the execution of this Contract.
iii. Cash dedicated to the proje 'h ' .
iv. Funds available through a l of cr o bindin c ommitment(s).
v. Pledges from or corporatio
vi. Pledg f i donors
vii The value of`real property when acquire solely for th p urposes of this.project, as
established' and evidenced.by a current market value •appraisal performed by a licensed,
j ,` p rofessional real estate appraiser, or curr prope t ax statement. The will not •
•
consider appr for prospective values of such property for the' purposes of
calculating the amount of matching fund credit
` viii In kind c ontribution s ,' sub to the Board s ; appro , Jam; •ti 1 d 1 e f a i h:
B • `The Co s maintain records sufficient to ..evidence that h a cce s s to or has
e funds from such source ~a "shall mak s uch'record s av for,th B 'i •
review upon reasonable re '
1 7 MODIFICATION TO THE PROJECT COSTS
g y p LL` '` ' ractor may, at its discretion, make •
Notw an other rovis ion of this Contract, the Cont ,
modifications not.to exceed percent (15 %) of each cost category item •in the °AT TACHMEN
III: ESTIMATED PROJECT COSTS.
The Contractor shall notify the Board in writing when making any budget modifications that would,'
exceed fifteen percent (, of`any cost category line item a s identife in ATTACHMENT III
ESTIMATED PROJECT COSTS No this sect sha be-con to permit an increase to
the_a of gr an t a s set forth 1 5 of this Contr
1.8 :.PROJEEXP
CT.ENDITURES.ELIGIB LE FOR.REIMBURSEM.ENT 4,
P m
ayents to the Contractor shall be ma on a reim b urseme nt b asis : on For the` of this
Contract, eligible cos sh construed to mean costs incurred °and paid,' inc urred•an.d
payable within thirty ( Only costs thaf have been incurred on or after May.1 2009, are
eligible for reimbursement u nder this Confract,
The Contractor may be' reimbursed for eligible costs related to the a identified in
ATTACHMENT 1: PROJECT SCOPE OF W ORK in the following cost cate gories
R
A. Real property and cos osets' di e ctly, as s oc iate d wi s uch purchase when purchased or acquired
solely for the purps of h project
B. Design, engineering architectural, and planning;
C. Archaeological /historical review;
D. Construction management and construction observation (from external sources only);
E. Construction costs including, but not limited to, the following:
4110
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«LoanNumber» 2/23/2010 - 2009 -2011 Direct - Appropriation Contract
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i. Site preparation and improvements;
ii. Permits and fees; ,
iii. Labor and materials;
iv. Taxes on project goods and services; • .
v. Capitalized equipment; •
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vi. Information technology infrastructure; and •
. vii. Landscaping.
' F. Insurance premiums as'required'in Section 1.19; .
'
G. Other costs authorized through the legislation r ;`-
. 1.9. BILLING PROCEDURES AND P
y �
The Board shall reimburse the Contractor' for eligible project expenditure up to the
. payable under th Contract When requesting reimbursement for costs incurred orexpenditures ' • made, the Contra shall submit a signed and completed ,`invoce i Vouche (Form A 19),
referencing�the ATTACHM W
ENT I: PR SCOPE OF ORK project act performed, and any •
appropriate documentation The Invoice Voucher must be certified by an official of the Contractor
wi a ut ho rity to bin h !
d t e Cont ractor „� �, � � � ,4,,,,-;,t4-,,i'4", ,.:*,v,, ? = , +� S -. ,,
'f M1 ' f ria , �
' e 9 x c 'r a '1 3 . 4.3- [ f': ' y. 7 ,
• E a c h I Vouc must be 'I'..'?'
ccom panied by a Project Status Re which describes, i
narrative form, the progress made on t h e proj s the last inv oice was .,: ubmitt as we ll a s a ,
report.of;project;status to date T he Board will not release payme an rei req fir;
received unless and until =the Project Status Report is received After; the In k,
• a nd Project Status Rep t B s promptly remit a warrant to the Contractor
` The final 'Invoice Vouc pay shall not occur prior to the`completion of alt project activities as ,,
identified in ATTACHMENT I PROJECT SCOPE'OF WORK. *A sum not to exceed ten percent `.,
(10 %)•of the grant amount will retained until all project activities are complete a Certified kr
' Project C ompletion Report Is completed and submitted by the Contractor, per Section 1 10 ' -I',. `'
The Contractor shall submit all Invoice Vouchers and any required documentati on t , r, , ,f
tt
Contracts Administration Un Y , 'y
� De partment of Co , � ' " - 3
-.••• PO Box 42526 '`
Olympia, W A 98504 -2525 ;;,'
The Board will spay the Contractor upon acceptance of services provi and receipt of p •
completed invoices; whic shall be s ubmitted to the Board not more often than monthly.
• Payment shall,be co timely i f m ade by the Board with thir (30) calendar days after .
• receipt of properly completed invoices Payment shall'b sent:to th e address designated by the
Contractor. 0.,' , A �. '" ti '' __
The Board may, in its sole discretion terminate the Contract or withhold pa yments claimed by the
Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or
condition of this Contract. -. : .
No payments in advance or in anticipation of services or supplies to be. provided under this Contract .
shall be made by the Board.
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Duplication of Billed Costs. The Contractor shall not bill the Board for services performed under this
Contract, and the Board shall not pay the Contractor, .if the Contractor is entitled to payment or has
been or will be paid by . any other source, including grants, for that service.
Disallowed Costs. The Contractor ist responsible for any audit exceptions or disallowed costs
incurred by its own organization or that of its subcontractors.
1.10. CERTIFIED PROJECT COMPLETION AND FIN P
tifi ed Project.m Repo when activities identified in
ATTACHMENT I. PROJECT SCOPE OF WORK are Co c Th
e The Contractor shall complete a Certified
w ill supply the
Contractor with the Certified Project Corpletion Repo forms u requ es t ..
The Contractor shall provide t foll information to the Board: r
A. A certi ect s ta te ment of the a ctual'd oll ar a m o un t s spent, from all f undin g: source i n completing
the 'pro� as descri in ATTHMENT { PR OJEC T SCO PE ' OF WOR > ,
i bed AC
2 _ t
B:' A certified statem the project a descri In A T T AC HM ENT I PROJECT SC OPE OF
WO RK Is co m p lete and, d applicabl meets required standards.
� i tai' -s r
- f �'. _ J � 1 t it , , � r 8 �:
C Ce rtification that q,....-9,-.,.-..,. ll csts associa t pr o j ect ha vesbeen incurr and accounted for
Cos `are yYhen go
incurred ds grid services are received a nd /or contr wor performed.
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,:,,„, -::_.,. The Contractor will submit the Certified Project Completion Reort together w the last Invoc
Voucher for a sum not t exceed the balance of the grant amoun I n c luding th ith ten percent (10 ie %)
,1:';i. n� retainage ` described I S 1. The fin Invoice Voucher paym shall not oc p nor to,
t co mpletion of all p roj ec t � ac t iv ities i dentified in ATTACHMENT I PROJECT SCOP OF WORK
and the'Board's receipt of the Ce rtified Project Completion Rep o rt r ' ' r ,
1.11. REPORTS " .
The shall f urnish t B with Project St atus Re when submitting,Invoic
V o u chers (as described in Sec 1 9 ) Q ua rterly Pro Rep ort s at the e nd " each quarter, a .
Ce rtified Proleet Completion Report at prolect ( des cri be d in 1 1 .and other
r epo rt s as the Board may require Failure to file repo as r may r m ter of ,,
this Contract
1.12. EVALUATION AND MONITORING
w o '
The C shal cooper w ith and freely i n a m on evaluati act
con ducted by the Boa including s ite in If necessary
The Contractor may be asked by the B to provide phot ograp h s ' , either hard or
electronically, which visually de the , ;progress made on.the project. , .4 , ' „ ': ,4:„,,,,,
The Board or the
State Auditor °and any of their repres shall have full access to and the
right to examine all of th Contractor's rec ords w ith` 'respect to al l m atters covered in this Contract.
Such representatives shall be permitt to audit examine, -and' ma exc erpts or transcripts from
such records and to make audits of all contracts inv oices, materia pa y rolls , and records of
matters covered by this Contract. Such rights last for six (6) years from the date f payment is
made hereunder..
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1.13: OWNERSHIP OF PROJECT /CAPITAL FACILITIES .
The Board makes no claim to any real property improved or constructed with funds awarded under
this Contract and does not assert and will not acquire any ownership, interest in or title to the capital
facilities and /or 'equipment constructed or purchased with state funds under this Contract. This
provision does not extend to claims that the Board may bring against the Contractor in recapturing
funds expended in violation of this Contract.
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1.14. CHANGE OF OWNERSHIP OR'USE FOR CONTRACTOR -OWNED PROPERTY
. The Contractor understands and agrees that. any orall assets acquired, constructed, or otherwise
improved by the Contractor using the funds under this Contract shall be held and used by the
Contractor for the purposes stated in ATTACHMENT 1 PROJECT'SCOPE OF WORK for a period
of at least ten (10) yea date ;the final payment i s made
'Y:' - 4 is - • For a perio of at least ten (10) years from thedatethe final payment is made in the event that the
Contracto
r decides to change or transfer ownership of any or all assets acquired constructed, or
otherwise improved by the Contractor using the funds under this Contract, the Contractor agrees
that any such decision or action must be submitted'in writing and approved by,the Board in writing
at least thirty (30) days prior to the execution of •such decisionor action 4
M1 d t 1 Il , Sd �4u? � 4
In the'event the Contractor is fo to be out of compliance with this section, the Contractor shall x.
repay the "principal amount o f , the grant as 'stated in S ion ection 1 -5, plus_interest�calculated at the rate
of interest on State of Washington general obligatbondsrissued most closely to,the, elf: ectivet j
date'of thelegislation in " which tF e'subject asset was authorized ym
Repaent shall : be made ' ,.
pursuant to Section 1 20 Recapture Provision. ;. , ° ,
0 , „;; ° . ee 1 5. C H A NGE .OF USE FOR:.L PROPERTY i
T Contractor u acid agrees that any facility lease b t he Contractor that is fF y'
constructed renovated'or otherwise improved using state funds under this Contract shall be used
b y;,the.Contractor,for the stated in ATTACHMENT 1 PROJECT SCOPE OF WORK for a` '
period of at least.ten (10) years •from the date the final payment is made. i' ; „ r?
♦i,� , d 7 y 6 rct a 3?
In the event the Contractor is�found'to be out of complian with tis h s ection;the , Contractor shall
repa rin
ythe pcipal a of th grant as stated in Section 1 5, plus interest calculated at`the rate.;
of interest State o Wa s h in gto n g e n eral obl issued most closely to the effective
date of the legislation in which the subject facility' was authorizetl Repayment shalt be made
pursuant to Section 1 20 • ••••,... ecapture P • ?
,
1.16. HISTORICAL AND CULTURAL ARTIFACT 4 , , ; ; y
In the ev ent that historical or cultural a are discovered at the,prolect sitedurin
the Contractor shall immediately stop construction and notify the state historical preservation officer
at the Washington State Department,of Archaeology and 1Histonc Preservation .
In the event that the Contractor finds it nece to` am e nd ATTACHMENT l: PROJECT SCOPE
OF WORK, the coptractor may be required to re- comply with Execut Order 05 -05.
,r
1.17. SIGNAGE, MARKERS, AND` PUBLICATIO
If, during the period covered by this Contract'tt'e Contr displays or circulates any
communication, publication, or donor recognition identifying the financial participants in the project,
any such communication or publication must identify `The Taxpayers of Washington State" as a
participant.
ill . .
•
•
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1.18. PREVAILING WAGE LAW •
The project funded under this Contract is subject to state prevailing wage law (Chapter 39.12
RCW). The Contractor is advised to consult the Industrial Statistician at the Washington •
Department of Labor and Industries to determine the prevailing wages that must be paid. The •
Board is not responsible for determining the prevailing wages applying to this project or for any
prevailing wage payments that may be required by law.
1.19. INSURANCE "
A. Private Organizations $' f
The Contractor shall'' provide insurance coverage as set.out in thi se The intent of the
required insurance Is to protect th e o
eStatf Washington;: should there •be any claims, suits,
actions, costs damages or expenses arising from any loss or.negligent or,intentional act or •
omission of the ,,,,,,.
Th• e its s ubcontractors, or agents of:either while performing under the
terms''of this
Contract
• . The insurance required shall be issued by an in m
surance company authoriz do b usin e ss
with the State of Washington Except for Professional Li Errors and Omissions
insurance the Insuran sh
ce all name the -State of Washington, Its " agents, officers, an • emplo a s add I nsureds under the rnsureho d$olicy,' All, policies sh be primary to
any other valid and collectabl insurance T Contractor: sha ll I th i nsurers ' to give, the
Board thirty (30) calend d ays advance notice of,any I cancellation or mod i f i ca t . ion. -
s ,. s 7 = - ' N r , ;.
�7r �� a
r4 M h a s
The Contractor shall submit to the Board within fifteen (1 c alen d ar da of the Contr start '.;:
date, a certificate of insurance, which outlines the coverage and limits required;under this •
insurance section. During the term of the Contract, the Contractor shall submit renewal
certific not less than thirty (30).calendar days•prior to'explration of each policy required
under t section l
The Contractorshall Insurance coverage be ge that shall mai in ful force and effect
during the term of this Contract, as follows: �`
d
{
' Com Liability Insurance P olicy P rov i d e a C Gene "ral Li ability
In Policy Incdi
lung c ontractual (labili ty' written on occ is, in ade
quan t pr ot e c t ag ainstle g al li „ arisin g out, o Cont a ctivit y b ut bas no less than •
,.,.
$1,000,000 ; per occurre Ad the Contractor i respo f or en tha an „'
• subcontractors provid a dequate ' insurancecov erage for the activitie a ri sing o ut of
sub
r
_ p
Automobile Liabilit In the event th performance pursuant to t Contract Inv the use of
vehicles,. owned or oper b y th
a ted e Contractor or its sub a utomobile liability
insurance shall be required.,.. Thm n
e imum; limit for automobile liability is $1,000,000 per
occurrencesing a Combi Singl Limit for b odily in�u property
, u damage.
MA :Y+. kn.i-
Professional Liability, Errors, and Omissions Insurance The Contractor shall maintain
Professional Liability or Error and`Omissions Insurance The Contractor shall maintain
minimum limits of no less than $1 000 000,per occurrenc t co ver all activities by the
Contractor and licensed staff e r u
onder C ontract to the Contractor. The State of •
Washington, its agents, officers, and employees need not be named as additional insureds
- under this policy. - •
Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act on
- e
- behalf of the Contractor for the purpose of receiving or depositing funds into program accounts
•
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or issuing financial documents, checks, or other instruments of payment for program costs shall
be insured to provide protection against Toss:
i. The amount of fidelity coverage secured pursuant to this Contract shall be $100,000 •
or the highest of planned reimbursement for the Contract period, whichever is lowest.
Fidelity insurance secured pursuant to this paragraph shall name the Contractor as
• beneficiary
ii. Subcontractors that receive $10,000 or more per year in funding through this
Contract shall secure fidelity insurance, as noted above. Fidelity insurance secured
by subcontractors pursuant to this paragraph l na
` shalme the Contractor as
4 4 ,.
• beneficiary ,� r d
The Contractor shall provide at the Board`s request copies of'insurance i or
certifications from the insurance issuing agency: The copies or certifications shall show the
• insurance coverage, ^the designated, beneficiary, who is covered the amounts, the period of .
coverage, and that the oard will be provided thirty ( day advance w ritten notice of
cancellation' f
6 a : x 3 � , ai A C, s ? ; Q ,, .�a
B . Self In sure d C ontractors '. G = r ' 1 , �' ' � , " '
w
With prior approval from the° Board 'th e Cont rac may provide i nsuran ce c u
self Insured /liabilit pool or self-insured * ri s k management program In o to overage obtain . nder a y
p ermis s ion fr "o m the: Board the' Contractor shall pr , ; ; :, ' ` ° , ;s
E Id Ik ( h t +.
• i �' _ a d escripti o n of its self-insurance program, an
f . " , ., i , : , g, , "it w T' , ti - n . .
ka
II■ a certificate and /or letter of coverage that outlines coverage limits, and d eductibles'
, t A s insured risk m anagement programs or self - Insurer) /liability pooll °reports must ` A'
comply with Generally Accepted Accounting Principles (GAAP) apd adhere to accounting
ds promulgated by w
standar 3
. I. Governm Accounting Standar Board (GA ry .
ii. Fln'anciai Accounting Stana d
d s` B oard (FASB) ; and erg U S �
,, ,414.:,:•;,.1,,,
iii. The Washington State Auditor's a nnual instructions for:,financial rep ,,.'
b ' r � 4
Contractors participating in joint risk pools shall maintain sufficient documentation to support
the aggregate claim liability information reported on the b alance.sheet' The State of
Washington, its agents, and employees need not.be named as additional,insured under a self-
' i nsured property /liability poo em • l if,the pool is prohibit from third parties as additional
• insure
• Contractor shall provide annually : to.the Board a of cover and a letter of self -.
. insurance, evidencing continued coverage under Contractors self - insured /liability pool or self-
insured risk management program: "'Such annual of coverage and letter of self-
insurance will be provided on the anniversary of the start date of this Contract.
Employers Liability ( "Stop Gap ") Insurance. In addition, the Contractor shall buy employers
• liability insurance and, if•necessary, commercial umbrella liability insurance with limits not less
than $1,000,000 each accident for bodily injury by accident of $1,000,000 each employee for
bodily injury or disease.
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Excess Coverage. By requiring insurance herein, the Board does not represent that coverage
and limits will be adequate to protect Contractor and such coverage and limits shall not limit
Contractor's liability under the indemnities and reimbursements granted to the Board in this
Contract.
•
Unemployment and Industriel'Insurance. The Contractor shall be in full compliance with all
state unemployment and industrial insurance laws while performing work under this Contract.
The Board will not be responsible for payment of insurance premiums or for any other
claim or benefit for, the Contractor or any' subcontractor or employee of the Contractor, which
might arise under the industrial insurance laws during performance of this Contract.
Protection of Project Property Contractor's Assumption of Risk. The Contractor shall
continuously maintain adequate protection of all the prOjegt work damage shall protect
the ro ert fom inju , or to
Cont 6 e • at th'e sole r of he Contration with this Contract The entire of the
p r
p y ' ss ansin in connec
ctor. The, may elect to secure fire,
extended coverage, and vandalism insurance or all risk insurance to cover the project work -}
during the course of construction The Contracto take all necessary precautionsfor the
safety of employees working on the project, and shall comply with all a "pplicable provisions of
federal state; and local safety laws and butltlmg codes to. prevent accidents or injuries to
persons on, about, or adjacent to the`premises here w the work is being performed
•
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1.20. RECAPTURE PROVISION'
In-the event that the Contractor fails to expend state funds in accordance with state law and /or the •
provisions of this Contract theaBoard reserves the right to recapture state funds in an' amount
equivalent to the extent of noncompliance. Repayment by the Contractor of state funds under this
recapture provision shall: occur within thirty (30) days of demand In the event that the Board is
• required to institute proceedings to enforce this recapture provision, the Board shall:be entitled to its
cost thereof, including reasonable attorney's fees:';
1.21. RE
DUCTION IN
In the event state funds appropriated for th work contemplatetl und this Contract are withdrawn,
reduced or limited in any way by the Washington State Governor o Legislature during the Contract •
period, the,' parties heret shalt be bound. by any such, r evised .funding limitations asimplemented.at
the discretion of the Board, and shall meet and rerlego tiate;the Contract accordingly
1.22. REAPPROPRIATIO
The parties hereto understand and agree that any state funds not expended b y June 30, 2011,
including the ten Percent (l0 %) retainage as described in Section 19 wi hapse on,that date unless
specifically reappropriated by the Washington State Legislature or Governor. The "'Board will make
all necessary `efforts to seek reapp of`funds into the 2011 2013 biennium. If funds are so
reappropriated, the Board's obligation under the terms'of this'Contract shall "be contingent upon the
terms of such reappropriation.
•
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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 ail e mp l oyees a agen o f'th�e Co ntractor .
C. "The Board" shall mean the W ashington State Public Works Boar c reated i n Rev Code of
Washington;(RCW)y'43 155:030 and who' is a Party to the Contract. ..,
D. Personal Information sh m
l ean Inrm
foation Identifiable to an person, Including, but not
• limited to, information that relates to a persons ,namhealth, finances,, education, business,
use ° or receipt of governmental` services'o`r - 'other activities, addresses, t numbers,
social security numbers, driver license numbers, other Identifying numbers, and any financial
Identi
'i K d 2 y
fiers
E State s mean Y th e state of Was „,,,,.,,,,A.,?,,,.. ':'5':1;''''''''''''''''''''.4.” , ..
F. Subcontractor shall mean one no t , the e mployment o Contractor; is per forming all
or of tho s ervice s und this Contract und a separate c the Contractor The
terms; subcontractor`,and subcontractors" mean sub contractor(s) in a ny tier. ?
40 r � ;
2.2. AL LOWABLE COSTS ' `` „:,,:,,, .,': k ,,, , , - -, V ,- ' 'F- i '"i'r .7 ”
,, , , _L.... -
osts allow u nder this Con are ac expen d itures a ,m, an a budg up to r;
the maxi amount stated on the Contract Award or Amendment Face She "" p } G ' � ° s
i:3. ALL WRITINGS CONTAINED HEREIN
This Contract contains all the terms and conditions agreed upon by t parties. N other
nder oral or otherwise regardi the subject matter of this Contract shall be deemed t
u o
■ exi or toy bind any of theApartes hereto , tr "fi �
$y r, r - , a ' � t
2.4. AME 1 , t 1,
This Contract may be amended by mut "ual a greement e b f t p arties Suc a shall not b
binding unless they are in writing andsigned by pers onnel au thorized t o bind each of the parties. `' e
2.5. AMERICANS W ITH, DISABILITIES ACtT (ADA)`.OF1990,' PUBttC LAW 101:''336, ALSO
REFERRED TO AS THE ` 28 CFR PART 35 - ,
The Contractor must comply with t;_e ADA, `which provides compreh;ensiv righ protect to
individuals with disabilities In the areas of, employments public,accommodations, state.and local
government services, and telecommunications. ; ,;; ,
2.6. APPROVAL
This Contract shall be ' subject to the ' written:, approval' of -the Board s,Authorized Representative and
shall not be binding until so ap proved The Contract may be`altered, amended, or waived only by a
written amendment executed by both parties "- x '
2.7: , ASSIGNMENT
Neither this Contract, nor any claim arising under this Contract, shall be transferred or assigned by
10 - the Contractor without prior written consent of the Board.
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2.8. 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.
2.9. AUDIT
A. General Requirements
Contractors are to procu..au s b o
re th e "following guidelines.
The Contractor shall '"maintain its records and accounts so as to'�facilitate the audit requirement
and shall ensure that Subcontractors also maintain and table records:
The Contractor is responsible for any audit,exceptions incurred' by its own organization or that
of Its. Subcontractors: -
4 ,
hv``n 1, � it k
The Board reserves the right to rfr
recoveom the Contr all disallowed costs resulting from
the audit
As applicable;; Contractors requiredto h an audit mus ensur the au are performed in
accorda wit G enera ll y Accep Auditing Standar (GARS) Government` Auditing
Standards (the Re Yellow Book) deve by the Comptroller General
Responses to any u ma na g ern'ent findings a disallowed or questioned c shall
b inf e,m
information or corretction i audit i es concerning aussu within thity'30)d
(ays of the date of ,:
request A.� f �.
' B S tate `Funds Requiremen ' '��
Cont expending $100,000 or more in total state fundshin a fiscal year must have
financial audit as defined by Government Auditing Standards (The Revised Yellow Book), and
according to Generally Acc Auditing Standards (GRAS) The Schedule of °State Financial
Assistance must be Included .The schedule i ncludes ; ""
+ rt IY s,;" c name
Co ageny ]
a r,
ntractor
State program n
BARS account number t
Contra ;
,i, ,;SP..
t � � s; ;, ,F � �� sy � r t
Age ncy w contract number
Contract amount including ame (total grant award)
Beginning balance,,°
;; Curr ent year rev
'tsCurrent year expenditure
Ending balanc ,
Pro total ' `
If the Contractor is a state or local government entity' the.Offce of the .State Auditor shall
conduct the audit Audits of no = ' p r ofit - organizations are to be conducted by a certified public
accountant selected � the. Contractor. ,`
The Contractor shal i nclude the a audit requirements in.any ` ` s ubcontracts.
In any case, the Contractor's financial.: records must beavailable for review by the Board.
fa
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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) to: _
• Department of Commerce .
ATTN: Audit Review and Resolution. Office..,
906 Columbia Street SW,.Fifth•'Floor "`' ';.<
. PO Box 48300
Olympia WA 98504 -8300
In addition to sending a copy of the audit wherrapplicable, the Contractor must include: • • Corrective action plan for audit findings within three (3)?,monthsof_the audit being
received by the Board f
• Copy of the Management. Letter ,';
2.10. CODE r , "' 4
All constructi and re pro must satisfy the requirements of appli local, state, •
• and federal building mechanical plumbing fire, e nergy R P and barrier fre c ode s Compliance with,
the American with Disabilities Act of 1990 28 C F art 35 w ill be requ as specif ed b y the ?,
local building Department _., £ ,`
.2.11 CONFIDENTIALITY /SAFEGUARDING OF INFORMA °
A':. Information' asu'sed in this section includs
e:`, , t' ,; �: ,.
s
41111 x- a All material provided to the Contractor by the B t hat is desi as c onfidential
by the Board ,` it5
a lid 1 - 1 •- �T h
b. � I A l l r material�produced by . the Contractor that is designated s a confidential'' by the .
Bo and Pl r a '
r
c. All personal information in the possession of the that may not be disclosed
under state or federal law Personal information" includes but is not limited ' s
« information related to a person's name, health finances education busine for u se of .
overnment services dresses tele hone numb
' g I F ad p ers, social security number ' '
license number and other identifying numbers and Protected Health Information F
u nderthe feder Insurance Portability and Accountab Act of :1996 (HIPAA)
d ; d 9A
i8' .The Contractor shall comply with all state and federal •laws related •fo the use, s transfer,
sale, or disclosure f Co
onfidential Information The Contractorr.shalhuse Confidential Information
solely for'the purposes this C ontract and shall not use, share °transfer; sell or disclose any
Confidential information to any third party e .with the prior written con of the Board or
. as may be required bylaw. The Cont shall; t all nec steps to assure that
Confidential Information is safeguarded to prevent Unauthorized : use, sharing :transfer, sale or
disclosure o st`, f Confidential Information or violation of any state or'federal laws related thereto.
Upon requ the Contractor shall provide the Board with policies and procedures on
confidentiality. The, Board may require changes to "such policies and procedures as they. apply • .
• to this Contract when the Board reasonably determines that changes are necessary to
prevent _unauthorized,disclosures. -T ct
he Contraor shall'make the'changes. t t
. period specified by the Board Upon request, the Contractor` shall immediately return to the
Board. any Confidential Information Vthat 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. .
•
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2.12. CONFORMANCE
If any provision of this Contract violates any statute or rule of law of the state of Washington, it is
considered modified to conform to that statute or rule of law.
2.13. COPYRIGHT PROVISIONS
Unless otherwise provided, all Materials produced under 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' suchMaterials. ,,,.
"Materials" means all Items In any format and Includes, but Is not,llmited to, data, reports,
documents pamphlets, boo magazines, surveys, studies computer programs,
films, tapes, and /or sound repro Ownership" incl the right to copyright patent,
register and the `ability to transfer theserights: `
C ! t
For Materials that,are delivered? under the Contract, but that Incorporate pre existing materials not
produced und t he Contract, the Contractorhereby`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 perfor'm y and 'publicly display The k,
Contractor warran and repre that` the Contractor has alt rights and permissions,
l "pr including
intellectuaoperty rights moral ri and rights of publicity, necessary to grant stach a license.to
the Board. _` E
•
The Contractor shall exert all reasonable effort to advise the Boartl at the time of delive 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 the.performance of this
Contract. The Contractor shall provide the Board with prompt w ritten : notice of each notice or claim
of infringement received by the Contractor with respect to any Materials delivered `under this
Contract F The Board shall have the right to modify or remove any restrictive markings placed upon
the Materials by the Contractor
2.14. DISALLOWED COSTS 0
The Contractor is'responsible for any audit - exceptions' or disallowed costs incurred by its` own
organization or that of its'' Subcontractors
2.15. DISPUTES
Except as otherwise provided in this Contract when a dispute arises between the parties and it
cannot beresolved by direct negotiation, either'partyi" may request a: dispute hearing with the Chair
of the Board who may de a neutra per to decide'the dispute.
The request for a dispute hearing must: tiN
• 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 Chair and the other party's (respondent's) Representative within three (3)
working days after the parties agree that they cannot resolve the dispute.
The respondent shall send a written answer to the requestor's statement to both the Chair or the •
Chair's designee and the requestor within five (5) working days.
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'
The C��d���U���������a���inw���L���`�in
ten (1O)wod�ngdays. The Chair ordem�noe may extend this per�d bynodfyng�ho
parties. .
•
The decision shall no be admissible in any suocoedingjudi�a|orquao�judi�a|proceeding.
•
.
`
� The parties agem���� di in a�d�a or quasi-judicial
tribunal. . ' -�=*°
•
Nothing in this Contract s
cl Lite'hearing procedure, outline
alternate di te
2.16. DUPLICATE pAyM ,,„
to beCkarged
r„4 , ,,,,: . ...; ,-.F,.%,. , e_l „ a „,: t7cf 1,17thiqls; ori ,,, - ;,,e,., .
2 .
°~
il
�� '''''''''''''. en-i'-'2'p"!oyeves'..r.,-,,,,r.:„.,i4,,,t. h„.7.,r,',St„ate,,,,t'I,!P,r.:fi,,slpi,idt':'t4:34_',':it:2!.:ct,.„6a6l!,tcrol,:oirno,,,r,,,7f(?,;•.o.o:+h.g',:,,Pmo6,9A!,'8!4,!6,--.,4:,;(6:,i:e,,.:,..to_r.,„..i;.:,gi4-(36. 'f„,6:,..e„:;:c.ori!ao,,,,,t.:!?
�
Th
• S
Contractor, "
/n��unxuuo/
��v/muounumna its".immu ''''''''''';'-''''''''':::''''''''''''''''''''''''''' '�
220. INDEPENDENT CAPACITY OFTB �
The pa�osin��nddna independent o[bnt �
• �on�a�orang/toemp| agontspe�onning under Mhi���aren
ogontmof�o�atoofVVaah/ng0onor�eBoand. Th*Con�odnrwiU
bean�ficaror employee nf the Board urof the �ateofVVaohinghonbyroasonheneo�norwi||th� •
Contrantormokeonyo|oimofhght.privi|egeorbnna�tvvhiohwou|dononuatoouchofhoeror
ill omp|oyoounder|avv Conduct and control of the workwiUb000|e|yvviththaCon�,au�or�
.
Page Com�mT�mowmno�mv�
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i
2.21. INDUSTRIAL INSURANCE COVERAGE
The Contractor shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If
the Contractor fails to provide industrial insurance coverage or fails to pay premiums or penalties on
behalf of its employees as may be required by law, the Board may collect from the Contractor the
full amount payable to 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, (L&I) Division of Insurance Services. This provision does not waive any of L &I's rights to
collect from the Contractor.
2:,
2.22. LAWS
The Contractor shall comply with all appltcablelaws, ordinances codes regulations and policies of
local and state and federal governments as now orhereafter amended including, but not limited to:
Washington State Laws and~ Regulations ,,
Aff action, RCW 41 06.020;(1 =1)'
Boards of directors or.officers of non - profit corporations Liability - Limitations, RCW 4.24.264.
Disclostare campaign finances- lobbying Chapter 42.17 RCW , c ,
.Di scrimina t ion h um a n rig hts commission,, Chapter 49.09
R CW
Ethics in public Chapter 42 52 RCW
H ou s in g ` assist prog Cha pter 43 185 RCW
Interlocal cooperatio a ct Chap 39. RCW
s
Noise control .Chapter 70 107 RCW. a ,
Y p p
;, O ffic e of minority antl women business enterprises Cha ter 39 19 RCW ;and Chapter 3 26 02
W s •
Open public meetings act Ctiapter 42.30 RCW. ,
'Prevailing wages on public works, Chapter 39.12 RCW
- Public'' records act Chapter 42.56 RCW.
Relocation assistance real property acquisition policy, Chapter 8.26 RCW
Shoreline management act of 1 971, Chapter 90.58 RCW '
State accounting and reporting system, Chapter 43 88jRCW.
S tate building code Chap 1
t e'9 2 RCW and Energy-related building standards, Chapter 19 27A ;
;RCW and Provisions in buildings fo aged and handicapped persons, Chapter 70'!.92 RCW.
State Coastal Zone Pr P 01 06 003 ; -_Shorelands and
E nvi r onment a l A s si st a nce Program; Washi State D of E o
c logy ,; I '
. State en p oli c y,,: C hapter '43.21C -RCW
State Executive Order 05 -05 Archeological and Cultura R
2.23. LI ACCR A REGISTRATION
The Contractor shall comply with all applicable l state and federal licensing, accr and
registration. requirements or standards necessary for` th performance oftlis C
2.24. LIMITATION O AUTHORITY
t
Only the Authorized Representative orAuthorized'Repr designee by writing
(designation to be made p rior to action) shall have the express, implied or apparent authority to
ive any clause or condition >of -thi Contract.
alter, amend, modrfy,`orwai
n
2.25. LOCAL PUBLIC TRANSPORTATION COORDINATION ` .
Where applicable, Contractor shall participate in local public transportation forums and implement
strategies designed to ensure access to services.
•
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•
•
2.26. 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.
2.27. POLITICAL ACTIVITIES `•'' 5 ' `
e "
Political activity of Contractor e and o ffice r s ' are l im it ed by t he., State Campaign Finances
and Lobbying provisions: of- Chapter 42; "17 RCW. and the Federal Hatch Act, U,SC 1501 - 1508.
yj a , 3 F , i .
ma b
y e used y for working for or against ballot measures or for or against
No funds the candidacy of
• any person for public office ., i
.,
4
LAW "
2.28. PREVAILING WAGE r • a s z' �
The Contractor certifies that al! contractors and performing work on t he Pr s
• comply with state Prevailing Wages on ••Pu Wor Ch apter 39 12 RCW 'as applicable to the
Project funded,by this Contract,` including b ut not limited to the filing of the "Statement of Intent to ` -; $,
Pay Prevailing W and ' Affidavit of`Wages Paid" as required by RCW 39 12 040 The
Contractor shall maintain` records `sufficient to evidence compliance with Chapter 9.1
32 RC W and
shall make such record available;for the Boa rd's review upon request '"
4110 :::,'; ,,, , 2. PROHIBITION PA OF BONUS OR COMMISSIO 1
T he funds provided un this Contract s not be used in paymento any bonu or com
s
for the purpose `of obtaining approval of the application for such funds or any other approval or
concurrenc under this Con provided, however, that reasonable fees or bonazfi technical
consu m
ltant, anagerial, o r oth such services, other than actual solicitation, "are'not''hereby "
p rohibited if otherwise eligible as project costs.
X2.30 PU
acto a
T h e Contr . a grees n ot to p u b lish o use an advertising or pub matenals in which the s tate'
of Washington orzth Boa
e rds name is ..:6,,.i.,',/,:-.4.,v...::. entioned or language; used fr_orn which the_onnecti with
e stat Washington s; orth
th � e Board's name may reasonably, b e rnferred or i mplied without the"
p written co nsent of the Board
2.31. REC #s t µ : A ,,
In the event that the Contractor fails to perform. this Co i a • wi sta te 'la ws, federal
laws, and /or the provision of this Contract the Board reser the r ight to recapture funds in an- . •
amount to compensate the Board for the noncompliance "`�
Repayment actor of funds u by the Contr s nder this recapture provisi shall occur w the time
period specified by th e Board. In th'e alternative,' , the Board may recapture such funds from
payments ments due under this Contract
2.32. 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
1111 accounting procedures and practices which sufficiently and properly reflect all direct and indirect
«LegaiName» Page 16 Contract Terms and Conditions
• «LoanNumber» 2/23/2010 2009 -2011 Direct- Appropriation Contract
•
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 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 finally
resolved. •
J-;
2.33. REGISTRATION WITH DEPARTMENT OF REVENUE
If required by law, the Contractor shaft- complete registrat on with the Washington State Department
of Revenue.
2.34. RIGHT OF INSPECTIO
At no additional cost to the Board all records relating to the Contractors performance under this
Contract.shall be subject at all reasonable time to inspection, review and audit by Board, the
Office o,f' the State Auditor, and federal and state officials so authorized by law;:'in order to monitor
�r.
and evaluate performance compIiance;''and quality assurance under`this Contract. The Contractor
shall provide access to its facilities for this purpose.
2.35. SAVINGS s
In the'event funding from state, federal, or other sources is withdrawn, reduced or limited in any '.
way after the effective date of thi Contr a prior to normal com pletion, the Board may
w ,
terminate ; the Contrct a under the ,Termination for Convenience clause without the >ten business
day notice requirement. , In lieu •of termination, the Contract may be am_ ended reflect the new
funding limitations and conditions.
•
2:36. 'SEVEFIABILITK
�
Ifany provision of this Contract or any provision of any document incorporated by reference shall ;;
be held invalid, such invalidity shall not affect the other provis of this Contract that can b given
effect without the •invalid provision, if such remainder conforms to the, requirements of law and the`
fundamental purpose of this Contract and to this end the provisions of this Contract are declaredto
be severable '
2.37. SURVIVAL 4
'The terms, conditions and warrantie containetl in Contract that by their sense4 are
intended to survive the completion of the performance, cancellation or termination of this Contract
sli'all so survive
r r
2.38. 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 Contractor or its staff shall
be the sole responsibility of the Contractor ; •
2.39. TERMINATION FOR CAUSE / SUSPENSION
•
In event the Board determines that the; Contractor failed to comply ith`
wany term or condition of this •
Contract, the Board may terminate the Contract in whole or in,part upon written notice to the
Contractor. Such termination s be deemed Termination shall take effect on the
date specified in the notice.
In the alternative, the Board upon written notice may allow the Contractor a specific period 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 whole or in part, or may restrict the Contractor's right
4110
«LegalName» Page 17 Contract Terms and Conditions
«LoanNumber» 2/23/2010 2009 -2011 Direct - Appropriation Contract
•
•
.•
to perform duties under this Contract. Failure•by the Contractor to take timely corrective action
shall allow the Board to terminate the Contract upon,written notice to the Contractor. •
Termination for Cause" shall be deemed a "Termination forConvenience" when the Board
determines that the Contractor did not fail to comply with 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 for cause, the Contractor sh - 'be liable for damages as authorized by
• law, including, but not limited to, any cost difference between the original contract and the
replacement contract, as well as all costs associated with entering into the replacement contract
(i.e., competitive bidding mailing dv
,aertising,' and staff time).
• w
2.40. TERMINATION FOR CONVENIENCE L R , ` '"
•
• Except as:other provided in this Contract t Board may, by,,ten (10) busine days written
n b e g inning'on the s econdyday a fter the mailing, terminate this Contract in whole or in part. If
t
of
this Contract is so terminated, the :Board h
sa ll' ' be liable only for payment required. under the terms
, his Co for vic
seres rendered or goods, delivered prior to the effective date of termination. •
s �
2.41
TERMINATION PROCEDURES.'" '.
i ` ' ''''''''5h y
Aft r e c e i p t of a notice of terminat e xcept as otherwise directed by th B '''':°":.'"''"
ard, the Contractor
shall rr a r ;- •
•£ l f t A'.i
A S top wo u the C ont r ac t on the date, and to the extent specified in the notice
III Place furt orders or su for materials services or facilities related to the ' • Con ' ' �'
C. Assign to ; the State all of the rights, title, and interest of the Contractor underthe orders
subcontract "so terminated, in which case the Board has the right at its.discretion to •settle or
pay any or all claims ":ari out of the termination of suc iorders and subcontracts Any 4
attem by the Contractor to 'set such claims must have'the prio written approval of the -
'' Board =a
,
D 'Preserv a n d tr a nsfe r a n y m a t erials Contr deli a nd /o the Board pro i ''the "'
Contractor's possession as directed b y the "'
, of r i(r.,: x F i ` x.. A _�, •
Upon termination o the C ont r a ct the Board' hall pa Contractor for an , ' provided b y the
C
on tractor under' _ the Contract prior to date te rmin a tion T
` he Board may withhold any =a moun
d ue as the reasonably determines is ne " of essaryto protect the B potential loss or
t ,the
liabil resulting from termination The Board shall pay any withheld�amount to the Contractor if
the Board later determ - loss o.r lia not occur
-;s x s ,,1 0 r
The rights`and remedies of, the Board u thi s ection are. addition to a ny other rights and •
remedies provided under thi C or otherwise prov un d erfaw
•
2.42. 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 con 'be
d-to a m
"odific the terms of this Contract unless
. stated to be such in writing a nd "sig`ned ;b Auth rized, Repsentreative of the Board.
. .
411 . . . .
. .
. .
• • •
. .
. . ,
«LegalName» • Page 18 Contract Terms and Conditions
«LoanNumber» • 2/23/2010 2009 -2011 Direct Appropriation Contract ,
ATTACHMENT 1:
PROJECT SCOPE OF WORK
PUBLIC WORKS BOARD
2009 -2011 GRANT PROGRAMS — DIRECT - APPROPRIATION PROJECTS
Contractor: «LegaiName»
Contract Number: «LoanNumber»
Project Title oProjectTitle»
The project's scope of work is comprised of the following activities:
«ScopeOfWork»
If the above scope of work includes engineering, planning, or design activities, the Contractor shall make
all plans and documents funded in whole or in part by this Contract available for the Board's review upon
reasonable request.
The project will : . be considered complete when,all the activities identified in,the above scope of work are
complete. Additionally, the project performance measures listed below must be accomplished by
«PerformanceDueDate»
«PerformanceMetricDesc»
•
The Contractor, by its signature below, certifies that the project's scope of work and performance
measures set forth above have been reviewed and approved by the Contractor's governing body as of
the date and year written below.
SIGNATURE
NAME
TITLE
DATE
«LegalName» Page 19 Attachment r Project Scope of Work
«LoanNumber» 2/23/2010 2009 -2011 Direct - Appropriation Contract
•
ATTACHMENT II:
CERTIFICATION OF THE AVAILABILITY OF FUNDS TO
COMPLETE THE PROJECT
PUBLIC WORKS BOARD
2009-2011 GRANT PROGRAMS—DIRECT-APPROPRIATION PROJECTS
•
Contractor: ciLdgalNanie •
Contract Number: •«LoanNumber»
• .r: strr;i o Iktrgin%gpMNV4tP;
Type ITZ IrMapillpPqt Mal*
*ri . r n g , x tp, • 41,,.Vol
-,,w:174:-RwAka+ ,MgoA.m* er" ; esp..triV.
This Direct-Appropriation • •;:.
Washington State Public Works Board $«LoanAmountExec»
, m,v ,, , ,,,, ammv, ,, mr , gelev.en„prkr - izorwaswoolvo#4-mtwiplzwar4gxeM
RmAIA-VqzWit 739
. . ,
Grant #1 ' «Gr'ant1 SourceDescw !'• $«GrantlArtibuntExec»
Grant #2 «Grant2SourceDesc» SoPraht2AmountExec»
Grant #3 «Grant3SourceDesc» $0Grant3ArriountExec»
nomogeormgraorwewagr - .
T Grants, fot N
gz, ,Ark*.1440 «nd b t . ,, ran t xec»
FtWhllrifitg,;tltglatIMVDZglgdWNfi:isit.twfaftthgtwsdasioisomztzvmo,odm‘
Loan #1
, , «OtherLoanlSourceDesc» , :': - ..$«OtherLbanfAmouhtExec»
. .
Loan #2 : • «OtherLoan2SourceDesc» $«OtherLoan2AmoOntExeC» :
Loan #3 : «OtherLoan3SourceDesc» $«QtherLoan3AmountExec»
Total Loans -Prv,i4:0y._J.S.,:ofogavy,1740.A.A 40eattost rcrw”:4.11 $«ndbTotalLoanSExeC»
kite 4424201441-10120,
arz *NAR yg 4.1msoz ImmipyvVregM -41N45W4VIVNT AP IOVIVe.1,
Local o.MOY.94:Egiaina AbietAtig -1104 V 4
4.
Local Revenue #1 «LocalRevl SourceDesc» • • '..• $daicalkeV1AMoUntExec»
Local Revenue #2 «LocalRev2SourceDesc» $«LocalRev2AMountExeC»
Local Revenue #3 «LOcalRevsoUrceDesc» , $«LocalRev3AmountExec»
•.
Total Local Re immayalcisaufemingez SolbTOialLOcalRevExec»
Tata t
Other Funds #1 «OtherF0hds1SOurceDesc»,• $«
Other Funds #2 «OtherFunds2SourceDesc» , . $«OtherFurids2AmobntExec»
Total Other Funds MRSIgalifterfaltatimerta $«ndbTotalOtherFundsExec»
TOTAL PROJECT FUNDING $endfoTotalFundingExec»
•
The Contractor, by its signature below, certifies that project funding from sources other than those
provided by this Contract and identified above has been reviewed and approved by the Contractor's
• governing body or board of directors, as applicable, and has either been expended for eligible project
expenses, or is committed in writing and available and will remain committed and available solely and
• specifically for carrying out the activities described in ATTACHMENT I: PROJECT SCOPE OF WORK, as
of the date and year written below. The Contractor shall maintain records sufficient to evidence that it has
•
«LegalName» • Page 20 Attachment 11: Availability of Funds Certification
«LoanNumber» 2/23/2010 2009-2011 Direct-Appropriation Contract •
•
expended or has access to the funds needed to complete the activities described in ATTACHMENT I:
PROJECT SCOPE OF WORK, and shall make such records available for the Board's review upon
reasonable request.
SIGNATURE "
NAME
TITLE
aY n t i‘ 4
e' I.
DATE
t Y xf I t
4 � t . x V 9"
4 .„.
...„, ,.„,:, „,....,...,,,, ,.......,.,,....„
f1
L 411 ..
a F ':'q.;%
x
S `s is
ti
e
' it { t l te
_ t
kt
a
i 4 r t 7 .}
'
.. A J I ,
.
•
•
«LegalName» Page 21 Attachment II: Availability of Funds Certification
«LoanNumber» 2/23/2010 2009 -2011 Direct - Appropriation Contract
•
•
ATTACHMENT III:
ESTIMATED PROJECT COSTS
PUBLIC WORKS BOARD
2009 -2011 GRANT PROGRAMS— DIRECT - APPROPRIATION PROJECTS
Contractor: «LegalName»
Contract-Number: « LoanNumber»
: - :' '.Efi' _-s, vs ` ! F r� i r '� e `'€{��'" `"f' ` + * i*-1 . ;., �^'"r r sol iz t f � rr� j �" �S.- a -�S *#' : i ii i r ' ✓ " s4 -? i
�+ o s t Ca �l ,r� I U . , � i s , 1'�M � < k i �r� t tines iii F h A . J " ; �r, - �'Amount.�.a>
a� .+��1. � . ,.,n. , .,e�`.�s- k,.i�. �, d.., ""i:"(„ 1' n `4�i,+.,�3.r�'arA�`�,�,i7.o�a�m Y{n�l'�R'iga��J �.'�5"il�,' 'u�r.,. r...;a,.t5.�r.'u� .��'.a mrkt �.i:r,*':*,.$:��fl�ris.. �,,`��,'�Aaw :.�e.:hwtaa ..a�3
Engineering Report- $ « EngineeringReportEstCostExec»
Cultural & Historical Resources Review (Section 106 or EO 05 05) . $« CulturalHistoricalReviewEstCost
Exec»
Environmental Review $ «EnvironmentalReviewEstCostExe
c»
Land/Right-of-Way Acquisition $«LandROWAcquisitionEstCostExe
c» "
Permits
$< Perm itsObtainedEstCostExec»
- ,Involvement/Information $ «PublicInvolvementEstCostE
Bid Documents »
$«PrepareBidsEstCostExec
•
,,Construction ,F $ < ConstructionEstCostExe - c»
Other: «OtherActivity1CostDesc» $«OtherActivitylEstCostExec»
Other ` «OtherActivlfy2CostDesc» $«Ot erActivity2EstCostE
Other: «OtherActivity3CostDesc» $«OtherActivity3EstCostExec»
Other '«OtherActivit 4CostDesc»
y $«OtlerActivity4EstCostExec»
Other: «OtherActivity5CostDesc» . .. ' $<OtherActivity5EstCostExec»
Other « OtherActivlty6CostDesc» $«OtherActivity
TOTAL ESTIMATED PROJECT COSTS . $«ndbTotalEsti
ec»
The Contractor, by its signature below, certifies that the Estimated Project Costs set forth above have
been reviewed and approved by the Contractor's` governing body or board of directors, as applicable, as
of the date and year written below.
SIGNATURE
NAME
TITLE
III DATE
«LegalName» Page 22 Attachment III: Estimated Project Costs
«LoanNumber» 2/23/2010. 2009 -2011 Direct - Appropriation Contract
4110
ATTACHMENT IV:
CERTIFICATION OF THE PAYMENT AND REPORTING OF
PREVAILING WAGES
PUBLIC WORKS BOARD
2009 -2011 GRANT PROGRAMS—DIRECT-APPROPRIATION PROJECTS
Contractor: «LegalName»
Contract Number: «LoanNumber»,
The Contractor, by its signature below, certifies that all contractors and subcontractors performing work
on the project as described in ATTACHMENT I: PROJECT SCOPE OF WORK shall comply with
prevailing wage laws set forth in Chapter 39.12 RCW, as 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 the Board's
review upon request.:. „ ..
If any state funds are used by the Contractor for the purpose of construction, applicable State Prevailing
Wages must be paid
The Contractor, by its signature below,` certifies that the declaration set forth above has been reviewed
and approved by the Contractor's governing body as of the date and year written below.
SIGNATURE
•
NAME
TITLE
DATE
«LegalName» Page 23 Attachment IV Prevailing Wages Certification
«LoanNumber» 2/23/2010 2009 -2011 Direct - Appropriation Contract
ATTACHMENT V:
CERTIFICATION OF THE INTENT TO ENTER THE LEADERSHIP IN
ENERGY AND ENVIRONMENTAL DESIGN (LEED)
CERTIFICATION PROCESS
• PUBLIC WORKS BOARD
2009 -2011 GRANT PROGRAMS— DIRECT- APPROPRIATION PROJECTS
Contractor: «LegalName»
Contract Number: «LoanNumber»
The Contractor, by its signature below, certifies that it will enter into the Leadership in Energy and
Environmental Design (LEED) certification process, as stipulated in RCW 39.35D, as applicable to the
project described in ATTACHMENT I: PROJECT SCOPE OF WORK funded by this. Contract. The
Contractor shall, upon receipt of LEED certification by the United States Green Building Council, provide
documentation of such certification to the Board.
The Contractor, by its signature below, certifies that the declaration` set forth above has been reviewed
and approved by the Contractor's governing body or board of directors, as applicable, as of the date and
year written' below.
• SIGNATURE
NAME
DATE
«LegalName» Page 24 Attachment V LEED Certification
«LoanNumber» 2/23/2010 2009 -2011 Direct - Appropriation Contract