HomeMy WebLinkAbout5.1060 Original ContractFebruary 10, 2011
Mr. Phillip Lusk
City of Port Angeles
321 East 5 Street
Port Angeles, WA 98362
Dear Mr. Lusk:
Enclosed is a fully executed amendment for the city of Port Angeles's Energy Efficiency
Conservation Block Grant (EECBG), Contract number F10 -52110 -044. This amendment
extends the end date from 2/28/2011 to 5/15/2011 and should be placed in your Energy
contract file.
If you have any questions please call me at (360) 725 -3088 or email at
Leona.coldeen@commerce.wa.gov.
Sincerely,
LeonaMoon Coldeen
CAU project manager
Enclosure
STATE OF WASHINGTON
DEPARTMENT OF COMMERCE
1011 Plum Street SE PO Box 42525. Olympia, Washington 98504 -2525 (360) 725 -4000
www.commerce.wa.gov
m
5!0100
0
1. Contractor
City of Port Angeles
321 East 5 Street
Port Angeles, WA 98362
3. Contractor Representative (only if updated)
Unchanged
5. Original Agreement Amount
(and any previous amendments)
FOR CONTRACTOR
Title
Date
ARRA /Energy Efficiency Conservation Block Grant (EECBG) Smaller Cities Counties
Print Name
fi 1i1
Washington State Department of Commerce
Energy Office (Formerly Energy Policy Division)
6. Amendment Amount
$0.00
Federal Agency:
Department of Energy
2. Contractor Doing Business As (optional)
N/A
4. COMMERCE Representative (only if updated)
Program: Patti Miller Crawley LeonaMoon Coldeen
(Unchanged) Project Manager
Contracts Administration Unit
PO Box 42525
Olympia, WA 98504 -2525
7. New Grant Amount
$135,000
8. Amendment Funding Source
Federal: X State: Other: N /A:
11. Federal Funds (as applicable):
$135,000.00
12. Amendment Purpose:
The purpose of this amendment is to extend the contract completion date from 2/28/2011 to 5/15/2011.
9. Amendment Start Date
Upon final Signature
ALL OTHER TERMS AND CONDITIONS OF THIS AGREEMENT REMAIN UNCHANGED AND IN
FULL FORCE AND EFFECT.
COMMERCE, defined as the Department of Commerce, and the Grantee acknowledge and accept the terms of this Grant As
Amended and attachments and have executed this Grant Amendment on the date below to start as of the date and year
referenced above. The rights and obligations of both parties to this Grant As Amended are governed by this Grant
Amendment and the following other documents incorporated by reference: Grant Terms and Conditions including A copy of
this Grant Amendment shall be attached to and made a part of the original Grant between COMMERCE and the Grantee.
Any reference in the original Grant to the "Grant" shall mean the "CFAs Amended
'FOR V ZSMMERCE
Re ecca A. tillings, Senior Manager j
21
Date I I
Contract Number: F10- 52110 -044
Amendment Number: A
$135,000
10. Amendment End Date
May 15, 2011
CFDA Number:
81.128
11
I
AtiV
APPROVED AS TO FORM ONLY
SANDRA C. ADIX, ASSISTANT ATTORNEY GENERAL
DATE: APRIL 21, 2010
SIGNATURE ON FILE
July 19, 2010
Cheryl Possinger, Accountant
City of Port Angeles
321 East 5 Street
Port Angeles, WA 98362 -0217
STATE OF WASHINGTON
DEPARTMENT OF COMMERCE
128 10th Avenue SW PO Box 42525 Olympia, Washington 98504 -2525 (360) 725 -4000
Re: ARRA/EECBG/Upgrade the HVAC in the City Hall, COM Agreement
#F10-52110-044
Dear Ms. Possinger:
Enclosed are the fully executed agreement and letter of USDOE Approval for Release of
Funds. These documents should be retained for your permanent records.
Please read this agreement carefully and comply with all the terms and conditions. The
agreement includes reporting requirements (see Attachment "A" and the Special Terms
and Conditions, Section 7 Reporting), which explains when monthly /quarterly reports
and deliverables are due. Please direct any questions regarding quarterly ARRA
Reporting to Meg O'Leary at 360.725.3121. She will be sending information and forms
by e -mail to project managers one month before each due date.
A -19 INVOICES/REIMBURSEMENT
Enclosed is an A -19 Invoice Voucher with directions to make reimbursement requests.
An electronic version is also available upon request.
PREVAILING WAGE DOCUMENTATION IN 21 DAYS
For each prime and subcontractor performing work on -site during the first week of
construction, the grantee must provide a copy of the following documentation to the
Department of Commerce within 21 days after the respective contractors begin work:
Statement of Intent to Pay Prevailing Wages,
Certified Payroll for the first week pay period, and
Employee Interview Forms for the first week.
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Page 1
0
Send A -19 invoices and 21 day Prevailing Wage documentation to:
Judith Hartman
Department of Commerce
Energy Office
P. O. Box 43173
Olympia, WA 98504 -3473
Please let me know if the contact person(s) and/or the contract/invoice signature authority
changes during the performance of the agreement. If you have any questions, you may
contact me at the phone number /email address below or the Project manager, Patti Miller
Crowley, at (360) 725 -3122.
Sincerely,
udith Hartman
Energy Policy Specialist
(360) 725 -3115
Judy.hartman@commerce.wa.gov
Enclosures
Page 2
STATE OF WASHINGTON
DEPARTMENT OF COMMERCE
128 10th Avenue SW PO Box 42525 Olympia, Washington 98504 -2525 (360) 725 -4000
July 19, 2010
Cheryl Possinger, Accountant
City of Port Angeles
321 East 5 Street
Port Angeles, WA 98362 -0217
Re: ARRA/EECBG/Upgrade the HVAC in the City Hall,
COM Agreement #F10 -52110 -044
USDOE /EECBG Approval for Release of Funds
Dear Ms. Possinger:
In accordance with the above referenced contract, Washington State Department
of Commerce is hereby notifying the City of Port Angeles of approval for funding
release and categorical exclusion NEPA determination from US Department of
Energy as follows:
Please let me know if you have any questions. You may contact the Commerce
Project Manager, Patti Miller Crowley at (360) 725 -3122 or me at the phone
number /email address below.
Sincerely,
Judith Hartman
Energy Policy Specialist
(360) 725 -3115
Judy.hartman@commerce.wa.gov
Date of USDOE Approval: March 25, 2010
Activity Number/Title: Activity 1 Subgrants
The above referenced project has been categorically excluded from
further NEPA review and comprised of education, technical advice, and
actions to conserve energy. Please note that the recipient shall ensure the
safety and structural integrity of any repair, replacement, construction
and /or alteration performed under this project.
0
is
Form 19-1A
Date
FED TAX ID#
DOC INPUT DATE
ACCOUNT NO
TRANS
CODE
M
0
D
DEPARTMENT OF COMMERCE /Energy Policy Division
PO BOX 48173
OLYMPIA, WA 98504 -3173
O
VENDOR OR CLAIMANT (Warrant is to be payable to:)
(3)
MASTER
INDEX
SIGNATURE OF ACCOUNTING PREPARER FOR PAYMENT
ACCOUNTING APPROVAL FOR PAYMENT
WASHINGTON STATE
DEPARTMENT OF COMMERCE
VOUCHER DISTRIBUTION
AGENCY NAME
APPN
FUND INDEX
Description
CURRENT DOC NO
PROGRAM SUB
INDEX OBJ
SUB
SUB
OBJ
AGENCY USE ONLY
]AGENCY NUMBER LOCATION CODE PR OR AUTH NO
1030
PROGRAM APPROVAL
REFERENCE DOC NO
ASD NUMBER
INSTRUCTION TO VENDOR OR CLAIMANT.
Submit this form to claim payment for matenals, merchandise or services
Show complete detail for each Item
Vendor's Certificate: I hereby certify under per/ury that the items and totals listed
herein are proper charges for materials, merchandise or services fumished to the
State of Washington, and that all goods furnished and/or services rendered have been
provided without discrimination because of age, sex, marital status, race, creed, color,
national origin, handicap, religion or Vietnam era or disabled veterans status.
By r'1
SUB GL
PROJECT PROJ ACCT
DATE
DATE
SUBSID
ACCOUNT
(SIGN IN INK (any color but black))
(TITLE) (DATE)
QUANTITY
AMOUNT
1DATE
VENDOR NUMBER SUFFIX
VENDOR MESSAGE
AMOUNT
WARRANT TOTAL INVOICE DATE
INVOICE
NUMBER
Department of Commerce
innovation is in our nature.
Instructions for Completing
COM A19 -1A Blank Invoice Voucher
Complete the following fields each time you submit an A19 -1A for reimbursement. Failure to
complete all of the required fields will result in delay of payment.
1 Vendor or Claimant
Enter the name and address of your name /organization or person to whom
payment is to be remitted (as listed on the contract).
2 Vendor's Certificate
You or your designee must sign the A19 -1A in ink. The person signing must
include their position title and date of signature. Please read the Vendor's
Certificate carefully. Signature indicates services have been rendered in the
amount invoiced.
3 Federal ID No. or Social Security No.
Enter your federal identification number, as indicated on your contract. If you
(the contractor) are a sole proprietor, the social security number may act as
the federal identification number.
4 Description
Enter the Commerce contract number. This information is on the contract
and/or work order. Enter:
the service provided;
the dates for which reimbursement is being requested;
the name of services recipient;
the number of hours the services were performed;
the charge per hour (or event) as per contract; and
for travel time, the number of 30 minute intervals AFTER the first 30 minutes of
travel, times 1 the hourly rate up to a maximum of 3 hours.
Please indicate if the payment is for a final billing.
5 Amount
Enter the amount billable per the terms of the contract.
6 Submission
Attach any supporting billing documentation and /or invoices to the original A19 -1A
and submit them to
the WA State Department of Commerce /Energy Policy Division,
PO Box 43173, Olympia, WA 98504 -3173.
Form 19 -1A
TRANS
CODE
Date
FED TAX ID#
DOC INPUT DATE
ACCOUNT NO
M
O
D
VENDOR OR CLAIMANT (Warrant is to be payable to:)
MASTER
INDEX
SIGNATURE OF ACCOUNTING PREPARER FOR PAYMENT
ACCOUNTING APPROVAL FOR PAYMENT
WASHINGTON STATE
DEPARTMENT OF COMMERCE
VOUCHER DISTRIBUTION
AGENCY NAME
DEPARTMENT OF COMMERCE
Attn: Judy Hartman
PO BOX 43173
OLYMPIA, WA 98504 -3173
City of Port Angeles
321 East 5th Street
Part Angeles, WA 98362 -0217
APPN
FUND INDEX
Description
Original Grant Amount $135,000
Item Obj Est Bud
Salaries A
Benefits B
Contractual C 135,000 00
Goods /Services E
Travel g
Non Capitized Equip JA
Capitalized Equip JO
Other 0
Support Costs OH
TOTAL GRANT BALANCE 135,000 00
USE IF MATCH NOT Submitted per Budget Attch 8 of Agreement (see MATCH BELOW),
.withhold 10% Total Amount ofRetalnage
I TOTAL AMOUNT REQUESTED THIS INVOICE
Proposed MATCH
Percentage to the Project
(CURRENT DOC NO
PROGRAM SUB
INDEX OBJ
300, 000.00
68.97%
!PROGRAM APPROVAL
!REFERENCE DOC NO
ASD NUMBER
SUB
SUB
OBJ
PROJECT
AGENCY USE ONLY
!AGENCY NUMBER LOCATION CODE P R OR AUTH NO
1030
INSTRUCTION TO VENDOR OR CLAIMANT
Submit this form to claim payment for materials, merchandise or services
Show complete detail for each item
Vendor's Certificate' I hereby certify under perjury that the items and totals listed
herein are proper charges for materials, merchandise or services furnished to the
State of Washington, and that all goods furnished and/or services rendered have
been provided without discrimination because of age, sex, mantal status, race,
creed, color, national origin, handicap, religion or Vietnam era or disabled veterans
status
By
SUB GL
PROJ ACCT
DATE
DATE
(TITLE)
(SIGN IN INK (any color but black))
Previously
Requested
SUBSID
ACCOUNT
AMOUNT
This Invoice
AMOUNT
WARRANT TOTAL INVOICE DATE
RFR #1
F10- 52110 -044
(DATE)
BALANCE
135,000.00
135,000.00
1$ 1
300,000.00
0.00% 68.97%
1DATE
VENDOR NUMBER SUFFIX
VENDOR MESSAGE
INVOICE
NUMBER
MATCH /LEVERAGE SUMMARY SUBMIT with the A -19 VOUCHER DISTRIBUTION
WASHINGTON STATE I IRFR
DEPARTMENT OF COMMERCE 1 AGENCY USE ONLY
Attn: Judy Hartman AGENCY NUMBER I LOCATION CODE IPR ORAUTH NO
PO BOX 43173 1030
F10-52110-044 -a
OLYMPIA, WA 98504 -3173
Date
INSTRUCTION TO VENDOR OR CLAIMANT:
VENDOR OR CLAIMANT 'Submit this form with the A -19 to indicate MATCH /Leverage documentation
I hereby certify that the Items and totals listed herein are proper charges for the match requirements as set
forth in Attachment b Budget to the EECBG agreement with the above referenced P. R or Auth. No.
City of Port Angeles
321 East 5th Street
Port Angeles, WA 98362 -0217
Item lObj
Salanes IA
Benefits I B
Contractual I C
Goods /Services I E
Travel I G
Non- Caprtized Equip IJA
Capitalized Equip 1 JO
Other 10
Overhead
Support Costs OH
TOTAL MATCH
I Match
I s
I'
300,000 00
I$
I$
I$
By
Ongmal Match Amount Attachment B
Proposed Match Amount
(SIGN IN INK (any color but black))
300,000 00
TOTAL
I 300,000 00 300,000 00 I
(TITLE) (DATE)
Previously AMOUNT REMAINING
Declared This Invoice BALANCE
300,000.00
300,000 00
Capital Agreement with
Department of Commerce
Innovation is in our nature.
City of Port Angeles
through
The Washington State Department of Commerce
Energy Policy Division
Purpose ARRA /Energy Efficiency and Conservation Block
Grant (EECBG) /Construction
Upgrade the HVAC in the City Hall for energy efficiency, lower
operating costs comfort.
Under the American Recovery and Reinvestment Act
(ARRA) of 2009
Start date: April 1, 2010
This project/contract is funded in whole or in part Part,byfUnds,:pla a
available through the American Recovery and Retriv:esfrrm'eiit AcL`;; VEik*C60V
Washington State Department of Commerce
www.commerce.wa.aov
ARRA COM Federal Capital /EECBG Construction
Updated 03/24/2010
1. Contractor
City of Port Angeles
321 East 5 Street
Port Angeles, WA 98362 -0217
3. Contractor Representative
PROGRAM
Phillip D. Lusk
Power Resources Manager
Office (360) 417 -4703
Fax (360) 417 -4709
plusk @cityofpa.us
5. Contract Amount
$135,000
$135,000
CONTRACT
Washington State Department of Commerce
Energy Policy Division
EECBG Smaller Cities and Counties
Federal USDOE Agreement No. DE- EE0000849
Cheryl Possinger
Accountant
Office (360) 417 -4614
cpossing @cityofpa.us
PROGRAM
6. Funding Source
Federal: State: Other: N /A:
9. Federal Funds (as applicable) Federal Agency:
US Dept. of Energy
FACE SHEET
10. Tax ID# 11.SWV# 12.UBI# 13. DUNS#
91- 6001266 000 7712 -00 054- 001 -519 1483440047
14. Contract Purpose
Upgrade the HVAC in the City Hall for energy efficiency, lower operating costs comfort.
COMMERCE, defined as the Department of Commerce or its successor agency, and the Contractor, as defined above, 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 referenced above. The rights and obligations of
both parties to this Contract are governed by this Contract and the following other documents incorporated by reference Contractor Terms and Conditions
including Attachment "A" Scope of Work, Attachment "B" Budget, and Attachment "C" Additional Provisions under the American Recovery and Reinvestment
Act of 2009 and the Energy Efficiency Conservation Block Grant Program (EECBG)
FO ONTRACTOR FOR COMMERCE
/X
4;_m/44
Dan Di Guillio, M or
"7
Date
Date
ARRA COM Federal Capital /EECBG Construction
Updated 03/24/2010 City of Port Angeles COM F10- 52110 -044
2. Contractor Doing Business As (optional)
N/a
4. COMMERCE Representative
Patti Miller Crowley
Energy Policy Specialist
Office 360.725.3122
Fax 360.586.0049
Patti.Miller-
Crowley @commerce.wa.gov
7. Start Date
Tony Usibelli
April 1, 2010
CFDA Number
81.128
stant Director
pi- b.
Contract Number: F10 -52110 -044
CONTRACT
Judy Hartman
Energy Policy Specialist
PO Box 43173
Olympia, WA 98504
Office 360 725 -3115
Judy.hartman@corrunerce.wa.gov
TEMPLATE APPROVED AS TO FORM
SANDRA C. ADIX, ASSISTANT ATTORNEY GENERAL, MARCH 24, 2010
SIGNATURE ON FILE
A A
8. End Date
2/28/2011
1
1. DEFINITIONS
GENERAL TERMS AND CONDITIONS
CAPITAL
FEDERAL ARRA FUNDS
As used throughout this Contract, the following terms shall have the meaning set forth below:
A. "Authorized Representative" shall mean the Director and /or the designee authorized in writing to
act on the Director'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. "COMMERCE" shall mean the Department of Commerce.
D. "Personal Information" shall mean information identifiable to any person, including, but not limited
to, information that relates to a person's name, health, finances, education, business, use or
receipt of govemmental 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 separate contract with the Contractor. The
terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier.
2. ADMINISTRATIVE COST ALLOCATION
Administrative costs that may be allowed are set forth in the Specific Terms 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 administered by the Contractor. An approved current federal indirect cost rate may be
applied up to the maximum administrative budget allowed.
3. ALLOWABLE COSTS
Costs allowable under this Contract are actual expenditures according to an approved budget up to
the maximum amount stated on the Contract Award or Amendment Face Sheet.
4. ALL WRITINGS CONTAINED HEREIN
This Contract contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to
exist or to bind any of the parties hereto.
5. AMENDMENTS
This Contract may be amended by mutual agreement of the parties. Such amendments shall not be
binding unless they are in writing and signed by personnel authorized to bind each of the parties.
6. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990. 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 of employment, public accommodations, state and local
government services, and telecommunications.
7. APPROVAL
This contract shall be subject to the written approval of COMMERCE'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.
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 COMMERCE.
ARRA COM Federal Capital /EECBG Construction
Updated 03/24/2010 City of Port Angeles COM F10 52110 044 1
GENERAL TERMS AND CONDITIONS
CAPITAL
FEDERAL ARRA FUNDS
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.
10. AUDIT
A. General Reauirements
Contractors are to procure audit services based on the following guidelines.
The Contractor shall maintain its records and accounts so as to facilitate the audit requirement
and shall ensure that Subcontractors also maintain auditable records.
The Contractor is responsible for any audit exceptions incurred by its own organization or that of
its Subcontractors.
COMMERCE reserves the right to recover from the Contractor all disallowed costs resulting from
the audit.
As applicable, Contractors required to have an audit must ensure the audits are performed in
accordance with Generally Accepted Auditing Standards (GAAS); Govemment Auditing
Standards (the Revised Yellow Book) developed by the Comptroller General.
Responses to any unresolved management findings and disallowed or questioned costs shall be
included with the audit report. The Contractor must respond COMMERCE requests for
information or corrective action concerning audit issues within thirty (30) days of the date of
request.
B. Federal Funds Reauirements OMB Circular A -133 Audits of States. Local Governments
and Non Profit Oraanizations
Contractors expending $500,000 or more in a fiscal year in federal funds from all sources, direct
and indirect, are required to have an audit conducted in accordance with Office of Management
and Budget (OMB) Revised Circular A -133 "Audits of States, Local Govemments, and Non Profit
Organizations." Revised OMB A -133 requires the Contractor to provide the auditor with a
schedule of Federal Expenditure for the fiscal year(s) being audited. The Schedule of State
Financial Assistance must be included. Both schedules include:
Grantor agency name
Federal agency
Federal program name
Other identifying contract numbers
Catalog of Federal Domestic Assistance (CFDA) number
Grantor contract number
Total award amount including amendments (total grant award)
Beginning balance
Current year revenues
Current year expenditures
Ending balance
Program total
If the Contractor is a state or local govemment entity, the Office of the State Auditor shall conduct
the audit. Audits of non profit organizations are to be conducted 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 COMMERCE.
C. Documentation Requirements
ARRA COM Federal Capital /EECBG Construction
Updated 03/24/2010 City of Port Angeles COM F10- 52110 -044 2
GENERAL TERMS AND CONDITIONS
CAPITAL
FEDERAL ARRA FUNDS
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, when applicable, the Contractor must include:
Corrective action plan for audit findings within three (3) months of the audit being
received by COMMERCE.
Copy of the Management Letter.
11. CERTIFICATION REGARDING DEBARMENT. SUSPENSION OR INELIGIBILITY AND
VOLUNTARY EXCLUSION PRIMARY AND LOWER TIER COVERED TRANSACTIONS
A. Contractor, defined as the primary participant 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, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency.
2. Have not within a three -year period preceding this contract, been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public or private agreement or
transaction, violation of Federal or State antitrust statutes or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false statements, tax
evasion, receiving stolen property, making false claims, or obstruction of justice;
3. Are not presently indicted for or otherwise criminally or civilly charged by a govemmental
entity (federal, state, or local) with commission of any of the offenses enumerated in
paragraph (A)(2) 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 COMMERCE.
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 transactions and
in all solicitations for lower tier covered transactions:
LOWER TIER COVERED TRANSACTIONS
1. 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.
2. 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 meanings set out in the Definitions and Coverage sections of the rules implementing
ARRA COM Federal Capital /EECBG Construction
Updated 03/24/2010 City of Port Angeles COM F10 52110 044 3
GENERAL TERMS AND CONDITIONS
CAPITAL
FEDERAL ARRA FUNDS
Executive Order 12549. You may contact COMMERCE for assistance in obtaining a copy of
these regulations.
F. Grantees should review the Excluded Parties List System (http: /ww.epls.gov) before determining
if a prospective contractor is considered responsible.
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.
13. CONFIDENTIALITY /SAFEGUARDING OF INFORMATION,
A. "Confidential Information" as used in this section includes:
1. All material provided to the Contractor by COMMERCE that is designated as "confidential" by
COMMERCE;
2. All material produced by the Contractor that is designated as "confidential" by COMMERCE;
and
3. 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 govemment services,
addresses, telephone numbers, social secunty number, driver's license number and other
identifying numbers, and "Protected Health Information" under the federal Health Insurance
Portability and Accountability Act of 1996 (HIPAA).
B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer,
sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information
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 COMMERCE or
as may be required by law. 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 any state or federal laws related thereto.
Upon request, the Contractor shall provide COMMERCE with its policies and procedures on
confidentiality. COMMERCE may require changes to such policies and procedures as they apply
to this Contract whenever COMMERCE reasonably determines that changes are necessary to
prevent unauthorized disclosures. The Contractor shall make the changes within the time period
specified by COMMERCE. Upon request, the Contractor shall immediately return to
COMMERCE any Confidential Information that COMMERCE reasonably determines has not
been adequately protected by the Contractor against unauthorized disclosure.
C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE 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.
14. 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.
15. 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 COMMERCE. COMMERCE 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
COMMERCE effective from the moment of creation of such Materials.
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"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.
For Materials that are delivered under the Contract, but that incorporate pre- existing materials not
produced under the Contract, the Contractor hereby grants to COMMERCE 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 COMMERCE.
The Contractor shall exert all reasonable effort to advise COMMERCE, 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 COMMERCE with prompt written notice of each notice or
claim of infringement received by the Contractor with respect to any Materials delivered under this
Contract. COMMERCE shall have the right to modify or remove any restrictive markings placed upon
the Materials by the Contractor.
16. DISALLOWED COSTS
The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its Subcontractors.
17. DISPUTES
Except as otherwise provided in this Contract, when a dispute arises between the parties and it
cannot be resolved by direct negotiation, either party may request a dispute hearing with the Director
of the COMMERCE, who may designate a neutral person to decide the dispute.
The request for a dispute hearing must:
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's) Contract 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 Director or the
Director's designee and the requestor within five (5) working days.
The Director or designee shall review the written statements and reply in wnting to both parties within
ten (10) working days. The Director or designee may extend this period if necessary 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 shall precede any action in a judicial or quasi judicial
tribunal.
Nothing in this Contract shall be construed to limit the parties' choice of a mutually acceptable
alternate dispute resolution (ADR) method in addition to the dispute hearing procedure outlined
above.
18. DUPLICATE PAYMENT
The Contractor certifies that work to be performed under this contract does not duplicate any work to
be charged against any other contract, subcontract, or other source.
19. ETHICS /CONFLICTS OF INTEREST
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In performing under this Contract, the Contractor shall assure compliance with the Ethics in Public
Service Act (Chapter 42.52 RCW) and any other applicable state or federal law related to ethics or
conflicts of interest.
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.
21. INDEMNIFICATION
To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the
state of Washington, COMMERCE, 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, defend, and hold harmless shall not be eliminated by any
actual or alleged concurrent negligence of the state or its agents, agencies, employees and officers.
Subcontracts shall include a comprehensive indemnification clause holding harmless the Contractor,
COMMERCE, the state of Washington, its officers, employees and authorized agents.
The Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify,
defend and hold harmless the state and its agencies, officers, agents or employees.
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 COMMERCE. The Contractor will not hold itself out as or claim to be
an officer or employee of COMMERCE or of the state of Washington by reason hereof, nor will the
Contractor make any claim of right, privilege or benefit which would accrue to such officer or
employee under law. Conduct and control of the work will be solely with the Contractor.
23. INDUSTRIAL INSURANCE COVERAGE
The Contractor shall comply with all applicable provisions of Title 51 RCW, lndustnal 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, COMMERCE may collect from the Contractor the
full amount payable to the Industrial Insurance Accident Fund. COMMERCE may deduct the amount
owed by the Contractor to the accident fund from the amount payable to the Contractor by
COMMERCE under this Contract, and transmit the deducted amount to the Department of Labor and
Industries, (L &1) Division of Insurance Services. This provision does not waive any of L &I's rights to
collect from the Contractor.
24. LAWS
The Contractor shall comply with all applicable laws, ordinances, codes, regulations, and policies of
local, state, and federal govemments, as now or hereafter amended, including, but not limited to:
United States Laws. Regulations and Circulars (Federal)
A. Amencan Recovery and Reinvestment Act (ARRA) of 2009
B. Audits
Office of Management and Budget (OMB) Revised Circular A -133 "Audits of States, Local
Govemments, and Non Profit Organizations."
B. Environmental Protection and Review
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Coastal Barrier Resources 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 U.S.C. 4821 -4846 also 24 CFR 982.401(j).
National Environmental Policy Act of 1969, 42 U.S.C. 4321et seq. and the Implementing
Regulations of 24 CFR 58 (HUD) and 40 CFR 1500 -1508 (Council on Environmental Quality)
Residential Lead -Based Paint Hazard Reduction Act of 1992, 42 USC 4851 -4856.
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.
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.C. 201 et seq.
Work Hours and Safety Act of 1962, 40 U.S.C. 327 -330 and Department of Labor Regulations, 29
CFR Part 5.
Title IV of the Lead Based Paint Poisoning 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, 45 CFR Part 90
Nondiscrimination in Federally Assisted Programs.
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.
Executive Order 11246, as amended by EO 11375, 11478, 12086 and 12102.
Fair Housing Act (42 U.S.C. 3601 -19) and implementing regulations at 24 CFR part 100.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 of Govemment Contractors, Rehabilitation Act of 1973, Section 503, 29
U.S.C. 793.
Handicapped Recipients of Federal Financial Assistance, Rehabilitation Act of 1973, Section 504,
29 U.S.C. 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 the 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.
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Section 3, Housing and Urban Development Act of 1968, 12 USC 1701u (See 24 CFR
570.607(b)).
F. Office of Management and Budget Circulars
Cost Principles for State, Local and Indian Tnbal 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 govemment 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.
Hatch Political Activity Act, 5 U.S.C. 1501 -8.
Internal Revenue Service Rules, August 31, 1990.
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.
Section 8 Housing Assistance Payments Program.
H. Privacy
Privacy Act of 1974, 5 U.S.C. 552a.
I. Relocation
Uniform Relocation Assistance and Real Property Acquisition
implementing regulations at 49 CFR part 24.
Section 104(d) of the Housing and Community Development Act of
regulations at 24 CRF part 570.
Washinaton State Laws and Reaulations
A.
B.
C.
D.
E.
F.
Policy Act of 1970 and
1974 and the implementing
Affirmative action, RCW 41.06.020 (11).
Boards of directors or officers of non profit corporations Liability Limitations, RCW 4.24.264.
Disclosure campaign finances- lobbying, Chapter 42.17 RCW.
Discrimination -human rights commission, Chapter 49.60 RCW.
Ethics in public service, Chapter 42.52 RCW.
Housing assistance program, Chapter 43.185 RCW
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G. Interlocal cooperation act, Chapter 39.34 RCW.
H. Noise control, Chapter 70.107 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 records act, Chapter 42.56 RCW.
M. Relocation assistance real 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 19.27A
RCW, and Provisions in buildings for aged and handicapped persons, Chapter 70.92 RCW.
Q. State Coastal Zone Management Program, Publication 01 -06 -003, Shorelands and
Environmental Assistance Program, Washington State Department of Ecology.
R. State environmental policy, Chapter 43.21C RCW.
S. State Executive Order 05 -05 Archeological and Cultural Resources.
25. LICENSING. ACCREDITATION AND REGISTRATION
The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements or standards necessary for the performance of this Contract.
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.
27. LOCAL PUBLIC TRANSPORTATION COORDINATION
Where applicable, Contractor shall participate in local public transportation forums and implement
strategies designed to ensure access to services.
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 COMMERCE. 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.
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 property acquired 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 Real 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 will include but not be limited to:
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General Information Notice
Notice of Displacement/Non Displacement
30. POLITICAL ACTIVITIES
Political activity of Contractor employees and officers are limited by the State Campaign Finances
and Lobbying provisions of Chapter 42.17 RCW and the Federal Hatch Act, 5 USC 1501 1508.
No funds may be used for working for or against ballot measures or for or against the candidacy of
any person for public office.
31. PREVAILING WAGE LAWS
All contractors and subcontractors performing work on a construction project funded through this
agreement shall comply with prevailing wage laws by paying the higher of state or federal prevailing
wages according to:
State Prevailing Wages on Public Works, 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 COMMERCE'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.
32. PROCUREMENT STANDARDS FOR FEDERALLY FUNDED PROGRAMS
A Contractor which is a local govemment or Indian Tnbal government must establish procurement
policies and procedures in accordance with OMB Circulars A -102, Uniform 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:
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 made to 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 be made only with reasonable subcontractors who possess the potential
ability to perform successfully under the terms and conditions of the proposed
procurement.
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f. Some form of price or cost analysis should be performed in connection with every
procurement action.
g. Procurement records and files for purchases shall include all of the following:
1) Contractor selection or rejection.
2) The basis for the cost or price.
3) Justification for lack of competitive bids if offers are not obtained.
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 purchases.
4. Grantee and Subgrantees must receive prior approval from COMMERCE for using funds
from this Grant to enter into a sole source Grant or a Grant where only one bid or proposal is
received when value of this Grant is expected to exceed $5,000.
Prior approval requests shall include a copy of proposed contracts and any related
procurement documents and justification for non competitive procurement, if applicable.
33. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The funds provided under this Contract shall not be used in payment of any bonus or commission 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 bona fide technical
consultant, managerial, or other such services, other than actual solicitation, are not hereby
prohibited if otherwise eligible as project costs.
34. PUBLICITY
The Contractor agrees not to publish or use any advertising or publicity materials in which the state of
Washington or COMMERCE's name is mentioned, or language used from which the connection with
the state of Washington's or COMMERCE's name may reasonably be inferred or implied, without the
pnor written consent of COMMERCE.
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, COMMERCE reserves the right to recapture funds in an
amount to compensate COMMERCE for the noncompliance in addition to any other remedies
available at law or in equity.
Repayment by the Contractor of funds under this recapture provision shall occur within the time
period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from
payments due under this contract.
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 sufficiently and 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 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.
37. REGISTRATION WITH DEPARTMENT OF REVENUE
If required by law, the Contractor shall complete registration with the Washington State Department of
Revenue.
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38. RIGHT OF INSPECTION
At no additional cost all records relating to the Contractor's performance under this Contract shall be
subject at all reasonable times to inspection, review, and audit by COMMERCE, 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.
39. SAVINGS
In 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, COMMERCE may terminate
the Contract under the "Termination for Convenience" clause, without the ten business day notice
requirement. In lieu of termination, the Contract may be amended to reflect the new funding
limitations and conditions.
40. SEVERABILITY
If any provision of this Contract or any provision of any document incorporated by reference shall be
held invalid, such invalidity shall not affect the other provisions of this Contract that can be 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 declared to
be severable.
41. SUBCONTRACTING
The Contractor may only subcontract work contemplated under this Contract if it obtains the prior
written approval of COMMERCE.
If COMMERCE 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,
COMMERCE in writing may: (a) require the Contractor to 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 COMMERCE 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 shalt the existence of a
subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any breach
in the performance of the Contractor's duties.
Every subcontract shall include a term that COMMERCE and the State of Washington are not liable
for claims or damages arising from a Subcontractor's performance of the subcontract.
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.
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 Contractor or its staff shall
be the sole responsibility of the Contractor.
44. TERMINATION FOR CAUSE SUSPENSION
In event COMMERCE determines that the Contractor failed to comply with any term or condition of
this Contract, COMMERCE may terminate the Contract in whole or in part upon written notice to the
Contractor. Such termination shall be deemed "for cause." Termination shall take effect on the date
specified in the notice.
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In the alternative, COMMERCE 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, COMMERCE may
suspend further payment to the Contractor in whole or in part, or may restrict the Contractor's right to
perform duties under this Contract. Failure by the Contractor to take timely corrective action shall
allow COMMERCE to terminate the Contract upon written notice to the Contractor.
"Termination for Cause" shall be deemed a "Termination for Convenience" when COMMERCE
determines that the Contractor did not fail to comply with the terms of the Contract or when
COMMERCE determines the failure was not-caused by the Contractor's actions or negligence.
If the Contract is terminated for cause, the Contractor shall 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, advertising, and staff time).
45. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Contract, COMMERCE may, by ten (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, COMMERCE shall be liable only for payment required under the terms
of this Contract for services rendered or goods delivered prior to the effective date of termination.
46. TERMINATION PROCEDURES
After receipt of a notice of termination, except as otherwise directed by COMMERCE, 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 COMMERCE all of the rights, title, and interest of the Contractor under the orders and
subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or
pay any or all claims arising out of the termination of such orders and subcontracts. Any attempt
by the Contractor to settle such claims must have the prior written approval of COMMERCE; and
D. Preserve and transfer any materials, contract deliverables and /or COMMERCE property in the
Contractor's possession as directed by COMMERCE.
Upon termination of the Contract, COMMERCE shall pay the Contractor for any service provided by
the Contractor under the Contract prior to the date of termination. COMMERCE may withhold any
amount due as COMMERCE reasonably determines is necessary to protect COMMERCE against
potential loss or liability resulting from the termination. COMMERCE shall pay any withheld amount
to the Contractor if COMMERCE later determines that loss or liability will not occur.
The rights and remedies of COMMERCE under this section are in addition to any other rights and
remedies provided under this Contract or otherwise provided under law.
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 COMMERCE.
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.C. 327 -333), as
supplemented by Department of Labor regulations (29 CFR part 5). Under Section 102 of the Act,
each subcontractor 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 times the basic rate of pay for all hours
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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 under working
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.
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Grant Recipient:
Contact Name:
Contact address:
Email, Phone:
STATEMENT OF WORK
ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT
SMALLER CITIES AND COUNTIES
City of Port Angeles
Phil Lusk
321 East Fifth Street, Port Angeles, WA 98362
nlusk cr.citvofna.us, 360.417.4703
Attachment A
Project Summary: Following City Council's approval on February 17, 2009, the City has participated in a
State- sponsored performance -based contracting program to reduce utility costs. Performance -based
contracts are allowed per RCW 39.35A for improvements to City facilities.
As part of the performance -based approach, the Energy Service Company (ESCO) conducted an
"investment- grade" energy audit on the city hall complex. This energy audit guarantees both the
maximum project cost and the minimum utility cost savings. Among other items, the energy audit
revealed that the city hall complex energy costs are about 50% higher than similar facilities of this type
and construction in the Pacific Northwest. As energy expenses for the facility have averaged about
$70,000 /year, this suggests that normalizing the city hall complex's energy expenses to regional averages
could save $20,000 to $25,000 annually.
The proposed scope of work includes installing the following measures: 1) cooling/economizer repairs for
the city hall main floor offices; 2) heating, ventilation, and air conditioning (HVAC) improvements for
the 2nd floor Legal Department area and; 3) installing a Direct Digital Controls system that will be used
for enhanced time -of -day scheduling and optimizing the use of outside air for natural cooling.
In addition to energy and operational savings that are guaranteed to total approximately $20,000 per year,
other benefits include ensuring that adequate ventilation is provided pursuant to the requirements of the
State Building Code and enhanced workplace comfort. Furthermore, the current equipment that is being
proposed for replacement is at or past its service life and will be replaced with new higher efficiency
equipment.
Reporting
Ouarterlv No later than five (5) days after each calendar quarter for the duration of the contract (January
5, April 5, July 5, and October 5)
Monthly Progress Report
ARRA COM Federal Capital /EECBG Construction
Updated 03/24/2010 City of Port Angeles COM F10 52110 044 1
SCOPE OF WORK
Activity/Tasks /Deliverables Description Start Date
Activity 1 Design Services and Construction y 4/8/10
Task 1.1 J DESIGN SERVICES: The ESCO will 4/8/10
provide a detailed engineering design as
needed to obtain Department of General
Administration's review and approval of the
proposed system and to obtain competitive
bids. In addition, the ESCO will also
provide construction support services,
start-up, testing, air balancing, as -built
drawings of systems installed, and provide
relevant operations and maintenance
manuals.
CONSTRUCTION: The ESCO will provide, 5/24/10
or cause to be provided, all material, labor,
and equipment, including paying for
permits, fees, bonds, and insurance,
required for the complete and working
installation of ESCO's equipment.
i. ESCO will provide a site superintendent
who will be responsible for the onsite
supervision and coordination of trades and
subcontractors. This individual's
responsibilities will also include regular
work observations, quality control, site
secunty, enforcement of the site specific
safety plan, as well as coordinating any
impact upon building tenants with the
Department of General Administration.
ii. The ESCO may perform portions of the
contraction work or may subcontract
portions to qualified firms. ESCOs that
have construction capability may be
allowed to bid their own projects but will be
required to seek competitive bids to assure
fair market value to Port Angeles. In either
case, the ESCO will share information
regarding actual costs of the work with the
Department of General Administration.
iii. When the ESCO has completed the
installation of the equipment, including
start-up, operations verification, and
training in accordance with the proposal,
the ESCO will provide to the Department
of General Administration a "Notice of
Commencement of Energy Savings
iv. At the conclusion of the project, the
ESCO will submit a "Notice of Substantial
Completion" to the Department of General
Administration.
v. Port Angeles will submit final
documentation to Commerce for project
closure.
Attachment A
End Date
8/31/10
5/14/10
8/31/10
ARRA COM Federal Capital/EECBG Construction
Updated 03/24/2010 City of Port Angeles COM F10- 52110 -044 2
BUDGET
GRANT TITLE:
Fed. Grant No.
PROJECT NAME:
COM Agreement No.
!Applicant Name
!Address. Citv Zip
Sub-recieoient POC
Categories
!Salaries and Wages
Benefits
Contractual
Goods And Services
(Supplies/Commodities)
Travel
Equipment-None Capitalized
*Equipment-Capitalized
**Other Define
Total Direct Costs
14
***(opt) Admin. Support Costs
Method 1 as of direct costs OR
'Method 2 as a hard cost entry
1 Total Admin Costs
atinffarer -M 1 EX
Total All Costs
Percentage (Total Contract)
IPercentage (Ml Split)
COM Point of Contact
Fundina TYPE
IMMIGI
OBJ Commerce
EECBG
A l
B I
C 135,000
E
GI
J (JA)
J (Other)
VC)
Fed
I 135,000 X
1 HI*
0
o
NMI% anstrea =is
135,000 61 Ii
31.0% NI 0.00O0% I
100.00% 0.00%
ARRA COM Federal Capital/EECBG Construction
Updated 03/24/2010 City of Port Angeles COM F10-52110-044
11 11 11
I
e't1i*Willir I
XGBG x
I IRMilreil mw! 1 1
'City Hall HVAC Upgrade
FF;sinatOTO:44:Vi, IP
!City of Port Angeles 1 1 1 1
1321 East Fifth Street 1 1 1
port Angeles, WA 98362 1 1 1
7PARK
State
I I
I I I 1
I I
I I
I I
I I
it4t410.641;14
I
I I
INIMATAVAVI 1
Municipal Sub- Third Party Total Costs
1
o lh
21 MINAVV,IEM!
300,000 MI relaifia3500.0..
I eg, 69.0% 21 Nattitlitail$
:g7qtaTzrf:IIK
100.0%
Attachment B
1
rP Hall
Juiciou: IPA CHV Hall Fecmcl
A. COHSTRUOTION COSTS
1 FIM 2 n1 Mein Flow City I WI Coaling/ Econam 2er Linnewides
2 rifth101 HVAC Sveteni Wenn% lur 2 Fluor UM' 0/2:42
3
4
Et.
1
2
TABLE 4.1 BUDGET SUMMARY
F1M 5.01 4.01
FIM4.O1 Dirritt Digital Controls I/parade
Sterburi I FaDaterlal Perfcerriance ToOtinu /Curnstins1
SAN?. Sits Supeivitcon
A t. CS.TOTAI:CONST.
CanStructoil arid Wat Beni a 1
A2. TOTAL CONSTRUCTION COST l'Ai+BontlIF. A2
PROFESSIONAL SERVICES
Doulan
D 1.404.dElecnurah;ninjoruoil 1;;; S20.372, "1 ara
awn:a Enoineurin 5 Stuoihkele Fee
w
Construction Msn acle:1 ft Prinutti Adnort
TOTAL PROPESSIONAL SERVICES 4131i.ti2 033)
ARRA COM Federal Capital/EECBG Construction
Updated 03/24/2010 City of Port Angeles COM F10
1 Mee rdiSr 1, Eledtcl0741
$55.31 0 1 SIi,f40
S43.C43 1 312.150
31,100 1 1,150 I
1 1
253 332,040
31003 1 'SP 41,1
.1611 1
3131 $76„121
SIM 83 641 I $67,3ea
S57.567 41 wret 1 221,877
1 126174 1 401174
1 SD SOU 1
.11suivki '&10 I 1 S240,127. VF
.1411 1 6583 .12.881
1 4243,008
I
:$.22.37C
$24,212
$10,.89f,
I S70,1921
C. OTHER COSTS
1 Freileel ConlinpencV 1-, z 4..i or: w parasol taw.
TOTAL OTHER COSTS b.; 0 r-
116,01113
13. OVERHEAD eaST ANO FEE
1 Ove-1:..atcl ara Profit r -;.1 Di or,wi,ir 243 i'et
3 feesurement Ver ticatton I'' .,'.,'&1.026F 1.1110 sun' i3;00C II
TOTAL 'OH ANO,PEESID ITS NIS,1-31 V 1 S48.223
Er`.....4
F. P1111144UARANTEED COSTS 1
1 WA E Se. ra Tax
.226.122
2 WA Slats GA Fee I ...;524,1300 krriS dr' 1
3A-1.00C
TOTAL NON-OLIARANTESO cOSTS m .1 1_ _654.V:a
(II&_'.!tV16TA
Tales, I. CM fee It I% rufmter 111011 'Mester Anceereent due 10 rnanaaement'of lecnietittaintidlowaits suf;ettr B D Ter...Win remd.
f w* S.C. I.& p3 ■2..r.s, ^10,0,34A-0 1. Ctri Sti SA
4 4 tu- E.f. C.-Z 6 c.,,,,A 4, wi A tt,-0_, 1,3rstA. ,4 CIST CAYNdE-. 1.1 i 6,..A_ c-
ta at 4--.ik eft tILGAtki- 02Kft,..sc,x4 M.
Attachment B
2
ADDITIONAL PROVISIONS UNDER THE
AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009
Public Law 111 -5
Attachment C
1. Recovery Act Reporting Requirements; Section 1512(c) of the Recovery Act
Contractor acknowledges and agrees that the American Recovery and Reinvestment Act of 2009,
hereinafter "Recovery Act" places great emphasis on accountability and transparency in the use of
taxpayer dollars. Among other things, it creates a new Recovery Accountability and Transparency
Board and a new website Recovery.gov to provide information to the public, including access to
detailed information on grants and contracts made with Recovery Act funds.
COMMERCE, as a recipient of Recovery Act funds, must comply with the Recovery Act's extensive
reporting requirements, including quarterly financial and programmatic reporting due within 10
calendar days after the end of each calendar quarter. COMMERCE will require periodic reports from
its sub recipients in order to fulfill its reporting obligations. Grantees receiving Recovery Act funds
may expect that a standard form(s) and /or reporting mechanism will be made available at a future
date.
Contractor agrees to provide to COMMERCE all reports, documentation, or other information, as may
be required by COMMERCE to meet reporting obligations under the Recovery Act. Contractor's
receipt of funds is contingent on Contractor meeting the reporting requirements of Section 1512.
Additional instructions and guidance regarding the required reporting will be provided as they become
available. For planning purposes, however, Contractors receiving Recovery Act funds should be
aware that Recovery Act section 1512(c) provides:
Recipient Reports- Not later than 10 days after the end of each calendar quarter, each recipient
that received recovery funds from a Federal agency shall submit a report to that agency that
contains—
(1) The total amount of recovery funds received from that agency;
(2) The amount of recovery funds received that were expended or obligated to projects or
activities; and
(3) A detailed list of all projects or activities for which recovery funds were expended or
obligated, including:
(a) The name of the project or activity;
(b) A description of the project or activity;
(c) An evaluation of the completion status of the project or activity;
(d) An estimate of the number of jobs created and the number of jobs retained by the project
or activity; and
(e) For infrastructure investments made by State and local governments, the purpose, total
cost, and rationale of the agency for funding the infrastructure investment with funds
made available under this Act, and name of the person to contact at the agency if there
are concerns with the infrastructure investment.
(4) Detailed information on any subcontracts or subgrants awarded by the recipient to include the
data elements required to comply with the Federal Funding Accountability and Transparency
Act of 2006 (Public Law 109 -282), allowing aggregate reporting on awards below $25,000 or
to individuals, as prescribed by the Director of the Office of Management and Budget.
2. Section 1512 of the Recovery Act: Registration with Central Contractor Registration (CCR)
Recipients of funds under the Recovery Act shall register with the Central Contractor Registration
(CCR) database at www.ccr.aov. This ensures consistent reporting of data about each entity and
thereby makes data more useful to the public. In order to register in CCR, a valid Data Universal
ARRA COM Federal Capital /EECBG Construction
Updated 03/24/2010 City of Port Angeles COM F10 52110 044 1
Attachment C
Numbering System (DUNS) Number is required and should be inserted in Box 13 of the Face Sheet
of this Agreement.
3. Section 1602 of the Recovery Act: Preference for Quick Start Activities (if applicable)
Section 1602 of the Recovery Act provides:
In using funds made available in this Act for infrastructure investment, recipients shall give preference
to activities that can be started and completed expeditiously, including a goal of using at least 50
percent of the funds for activities that can be initiated not later than 120 days after the date of the
enactment of this Act. Recipients shall also use grant funds in a manner that maximizes job creation
and economic benefit.
4. Section 1604 of the Recovery Act: Limit on Funds
Section 1604 of the Recovery Act provides:
None of the funds appropriated or otherwise made available in this Act may be used by any State or
local government, or any private entity, for any casino or other gambling establishment, aquarium,
zoo, golf course, or swimming pool.
5. Required Use of American Iron, Steel, and Manufactured Goods Section 1605 of the
American Recovery and Reinvestment Act of 2009
Contractor shall comply with Section 1605 of the Recovery Act unless (1) compliance has been
waived by the Federal Agency providing the funds; or (2) compliance with the Recover y Act conflicts
with an intemational trade agreement.
A. Section 1605 of the Recovery Act provides:
Use of Amencan Iron, Steel, and Manufactured Goods.
(a) None of the funds appropriated or otherwise made available by the Recovery Act may be
used for a project for the construction, alteration, maintenance, or repair of a public building or
public work unless all of the iron, steel, and manufactured goods used in the project are produced
in the United States.
(b) Subsection (a) shall not apply in any case or category of cases in which the head of the
Federal department or agency involved finds that:
(1) applying subsection (a) would be inconsistent with the public interest;
(2) iron, steel, and the relevant manufactured goods are not produced in the United States in
sufficient and reasonably available quantities and of a satisfactory quality; or
(3) inclusion of iron, steel, and manufactured goods produced in the United States will
increase the cost of the overall project by more than 25 percent.
(c) If the head of a Federal department or agency determines that it is necessary to waive the
application of subsection (a) based on a finding under subsection (b), the head of the department
or agency shall publish in the Federal Register a detailed written justification as to why the
provision is being waived.
(d) This section shall be applied in a manner consistent with United States obligations under
international agreements.
B. International Trade Agreements:
Contracts for the procurement of goods and services in the amount of $528,000 or more and for
constructions services in the amount of $7,443,000 or more are covered by an international trade
agreement and are therefore not subject to Section 1605.
C. Waivers:
Contractor shall provide COMMERCE with information and applicable supporting data as may be
required by COMMERCE, to support any request for waiver of compliance with Section 1605 (b) of
the Recovery Act. The following applies to requests for waivers submitted to COMMERCE.
ARRA COM Federal Capital /EECBG Construction
Updated 03/24/2010 City of Port Angeles COM F10 52110 044 2
Attachment C
(a) Definitions.
"Manufactured good" means a good brought to the construction site for incorporation into the
building or work that has been:
(1) Processed into a specific form and shape; or
(2) Combined with other raw material to create a material that has different properties
than the properties of the individual raw materials.
"Public building" and "public work" means a public building of, and a public work of, a
governmental entity (the United States; the District of Columbia; commonwealths, territories,
and minor outlying islands of the United States; State and local govemments; and multi
State, regional, or interstate entities which have governmental functions). These buildings
and works may include, without limitation, bridges, dams, plants, highways, parkways,
streets, subways, tunnels, sewers, mains, power lines, pumping stations, heavy generators,
railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties,
breakwaters, levees, and canals, and the construction, alteration, maintenance, or repair of
such buildings and works.
"Steel" means an alloy that includes at least 50 percent iron, between .02 and 2 percent
carbon, and may include other elements.
(b) Domestic preference.
(1) This award term and condition implements Section 1605 of the Recovery Act of 2009 by
requiring that all iron, steel, and manufactured goods used in the project are produced in
the United States except as provided in paragraph (b)(3) of this term and condition.
(2) This requirement does not apply to the material excepted by the Federal Govemment.
(3) The award official may add other iron, steel, and /or manufactured goods to the list in
paragraph (b)(2) of this term and condition if the Federal Govemment determines that:
(i) The cost of the domestic iron, steel, and /or manufactured goods would be
unreasonable. The cost of domestic iron, steel, or manufactured goods used in the
project is unreasonable when the cumulative cost of such material will increase the cost
of the overall project by more than 25 percent;
(ii) The iron, steel, and /or manufactured good is not produced, or manufactured in the
United States in sufficient and reasonably available quantities and of a satisfactory
quality; or
(iii) The application of the restriction of Section 1605 of the Recovery Act would be
inconsistent with the public interest.
(c) Request for determination of inapplicability of Section 1605 of the Recovery Act.
(1)(i) Any request to use foreign iron, steel, and /or manufactured goods in accordance with
paragraph (b)(3) of this term and condition shall include adequate information for Federal
Govemment evaluation of the request, including
(A) A description of the foreign and domestic iron, steel, and /or manufactured goods;
(B) Unit of measure;
(C) Quantity;
(D) Cost;
(E) Time of delivery or availability;
(F) Location of the project;
(G) Name and address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign iron, steel, and /or
manufactured goods cited in accordance with paragraph (b)(3) of this term and condition.
ARRA COM Federal Capital/EECBG Construction
Updated 03/24/2010 City of Port Angeles COM F10- 52110 -044 3
(ii) A request based on unreasonable cost shall include a reasonable survey of the market
and a completed cost comparison table in the format in paragraph (d) of this term and
condition.
(iii) The cost of iron, steel, and /or manufactured goods material shall include all delivery costs
to the construction site and any applicable duty.
(iv) Any request for a determination submitted after Recovery Act funds have been obligated
for a project for construction, alteration, maintenance, or repair shall explain why the
Contractor could not reasonably foresee the need for such determination and could not have
requested the determination before the funds were obligated.
(2) If the Federal Govemment determines after funds have been obligated for a project for
construction, alteration, maintenance, or repair that an exception to Section 1605 of the
Recovery Act applies, COMMERCE will amend the award to allow use of the foreign iron,
steel, and /or relevant manufactured goods. When the basis for the exception is
nonavailability or public interest, the amended award shall reflect adjustment of the award
amount, redistribution of budgeted funds, and /or other actions taken to cover costs
associated with acquiring or using the foreign iron, steel, and /or relevant manufactured
goods. When the basis for the exception is the unreasonable cost of the domestic iron,
steel, or manufactured goods, COMMERCE shall adjust the award amount or redistribute
budgeted funds in accordance with requirements adopted pursuant to the Recovery Act.
Unless the Federal Government determines that an exception to Section 1605 of the
Recovery Act applies, use of foreign iron, steel, and /or manufactured goods is
noncompliant with Section 1605 of the American Recovery and Reinvestment Act.
(d) Data.
To permit evaluation of requests under paragraph (b) of this term and condition based on
unreasonable cost, the following information and any applicable supporting data based on the
survey of suppliers should be provided to COMMERCE:
(3)
Description
Item 1:
Foreign steel, iron, or
manufactured good
Domestic steel, iron, or
manufactured good
Item 2:
Foreign steel, iron, or
manufactured good
Domestic steel, iron or
manufactured good
FOREIGN AND DOMESTIC ITEMS COST COMPARISON
Unit of Measure
Attachment C
Quantity I Cost (Dollars)*
[List name, address, telephone number, email address, and contact for suppliers surveyed.]
[Attach copy of response; if oral, attach summary.]
[Include other applicable supporting information.]
["Include all delivery costs to the construction site.]
6. Wage Rate Requirements under Section 1606 of the American Recovery and Reinvestment Act
of 2009 Davis -Bacon Act
All laborers and mechanics employed by contractors and subcontractors on projects funded directly
by or assisted in whole or in part by and through the Federal Govemment pursuant to the Recovery
Act, shall be paid wages at rates not less than those prevailing on projects of a character similar in
ARRA COM Federal Capital /EECBG Construction
Updated 03/24/2010 City of Port Angeles COM F10 52110 044 4
Attachment C
the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31
of title 40, United States Code (Davis -Bacon Act). With respect to the labor standards specified in this
section, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan
numbered 14 of 1950 (64 Stat. 1267, 5 U.S.C. App.) and section 3145 of title 40 United States Code.
See U.S. Department of Labor, Wage and Hour Division website at
htto: /www.dol.aov /esa /whd /contracts /dbra.htm Wage determinations can be found at
htto: /www.wdol.00v.
The Contractor shall include this provision and require this provision to be contained in all
subcontracts for work performed under this Contract.
The work performed by this contract may also be subject to the State's prevailing wage laws, Chapter
39.12 RCW. The Contractor is advised to consult with the Washington State Department of Labor
and Industries to determine the prevailing wages that must be paid.
7. Non supplanting of State and Local Funds (if applicable consult the program solicitation and the
special conditions in the award document)
Grantees must use federal funds to supplement existing State and local funds for program activities
and must not replace (supplant) State or local funds that they have appropriated or allocated for the
same purpose. Potential supplanting will be the subject of monitoring and audit. Violations may result
in a range of penalties, including suspension of current and future funds under this program,
suspension or debarment from federal grants, recoupment of monies provided under a grant, and civil
and /or criminal penalties. For additional guidance regarding supplanting, refer to the information
provided at htto: /www.olo. usdoi. aov recovery /supolantinaauidance.htm.
8. Protection of Whistleblowers
Prohibition on Reprisals: An employee of any non Federal employer receiving covered funds under
the Recovery Act may not be discharged, demoted, or otherwise discriminated against as a reprisal
for disclosing, including a disclosure made in the ordinary course of an employee's duties, to the
Accountability and Transparency Board, an inspector general, the Comptroller General, a member of
Congress, a State or Federal regulatory or law enforcement agency, a person with supervisory
authority over the employee (or other person working for the employer who has the authority to
investigate, discover or terminate misconduct,) a court or grant jury, the head of a Federal agency, or
their representatives information that the employee believes is evidence of:
Gross mismanagement of an agency contract or grant relating to covered funds;
Gross waste of covered funds;
Substantial and specific danger to public health or safety related to the implementation or use
of covered funds;
Abuse of authority related to the implementation or use of covered funds; or
Violation of law, rule, or regulation related to an agency contract (including the competition for
or negotiation of a contract) or grant, awarded or issued relating to covered funds.
Any employer receiving covered funds shall post notice of the rights and remedies provided under
this section. The recommended written notice is attached as "Know Your Rights Under the Recovery
Act"
9. Waste Stream
Prior to the expenditure of Federal funds, the Contactor is required to provide documentation
demonstrating that it has prepared a waste management plan to dispose of sanitary or hazardous
waste generated by the proposed activities. Sanitary or hazardous waste includes, but is not limited
to, old light bulbs, lead ballasts, piping, roofing material, discarded equipment, debris, and asbestos.
Compliance with this clause will be complete only after the Contactor has submitted adequate
documentation to Commerce for its review, and Commerce has provided written approval to the
Recipient of its proposed plan to dispose of its sanitary or hazardous waste.
ARRA COM Federal Capital /EECBG Construction
Updated 03/24/2010 City of Port Angeles COM F10- 52110 -044 5
Attachment C
For assistance contact the WA State Governor's Office of Regulator Assistance (ORA), Regional
assistance Leads http /www.ora.wa.govlcontact.asp
Pollution Prevention Planning help is available from WA State Department of Ecology Regional Office
staff: http: /www.ecy.wa.gov /programs /hwtr /P2 /contacts.html or call
Bellevue: (425) 649 -7000
Lacey: (360) 407 -6300
Yakima: (509) 575 -2490
Spokane: (509) 329 -3400
10. False Claims Act
Each grantee or subrecipient should promptly refer to an appropriate inspector general any credible
evidence that a principal, employee, agent, contractor, subgrantee, subcontractor or other person has
submitted a false claim under the False Claims Act or who has committed a criminal or civil violation
of laws pertaining to fraud, conflict of interest, bribery, gratuity or similar misconduct involving those
funds
11 Listing Recovery Act Jobs with the Washington State Employment Security Department
This Contract is funded with federal stimulus funds (under the Recovery Act), which has stnct
reporting requirements for funds spent and jobs created or retained (see Exhibit A, attached and
incorporated into this Contract as additional instructions). Unless hiring is directly from a union hall,
all job openings created by the Contractor for this project must be listed with the WorkSource system
(an affiliate of the Employment Security Department) before hiring; all hiring decisions also must be
reported to WorkSource. In addition, all Subcontractors hired by the Contractor also must be required
to list jobs and report hiring results to WorkSource. Existing Contractor or Subcontractor employees
who are retained using funds from this project also must be reported to WorkSource.
WorkSource will pre- screen and refer qualified job candidates for the Contractor's or Subcontractor's
consideration. The Contractor and Subcontractor also have the discretion to use other, additional
recruitment systems and retain the right to make all hiring decisions.
To begin the listing and reporting process, contact the Employment Security Department ARRA
Business Unit at 877 -453 -5906 (toll- free), 360- 438 -4849, or ARRA @esd.wa.gov.
ARRA COM Federal Capital /EECBG Construction
Updated 03/24/2010 City of Port Angeles COM F10- 52110 -044 6
Exhibit A
oynientSeimu
1J„ iy`jri.r:�}�)
To help with the increased transparency and accountability that are required under the American
Recovery Reinvestment Act (ARRA), ESD's ARRA Business Unit will be the central point of
contact for state agencies and their contractors for listing and tracking ARRA- funded jobs.
Sten 1: State agencies notify ESD about ARRA contracts
Within 2 days after awarding an ARRA funded contract, state agencies should provide the
following information to Employment Security's ARRA Business Unit:
Name, phone number and address of contractor
Title or short description of the contract
Attachment C
:ivirorkSource;°s rs
Report this information to ESD's ARRA Business Unit at ARRA)esd.wa_aov. 877- 453 -5906 (toll
free) or 360 138 4849. (Employment Security will use the information to verify that contractors
comply with the requirement stated in Step 2.)
Sten 2: List ARRA- funded lobs with ESD's WorkSource system
State agencies, contractors and sub-contractors should contact the ARRA Business Unit to begin the
process of listing their ARRA funded jobs with the WorkSource system. The ARRA Business Unit may
be reached at 877 -453 -5906 (toll-free), 360 438 4849 or ARRA cOescl.wa.eov.
Here's what we'll do with the information: The ARRA Business Unit will relay the
information to a business outreach lead at a WorkSource office in the employer's
community: The business outreach lead will contact the employer to obtain the information
necessary to list the jobls (create a "job order"), and to discuss the employer's recruitment
needs and the services available through WorkSource.
The WorkSource business outreach lead will search the agency's database for gin?lified
applicants (based on job -skill requirements), screen potential applicants, and refer selected
candidates to the employer for consideration. (Employers retain the right to use other or
additional recruitment systems, and they make all hiring decisions.)
Step 3: Report hirine information
After completing the hiring process, the employer should contact the WorkSource business outreach
lead to "close" the jab order and provide the following information:
Job title
Number of people hired
Starting wage and hours
This information will be used in reports and status updates to the governor, the federal government
and the public.
ARRA COM Federal Capital /EECBG Construction
Updated 03/24/2010 City of Port Angeles COM F10 52110 044 7
Attachment C
Frequently asked questions for ARRA employers
01. What services can 1 get when 1 list jobs with WorkSource?
A WorkSource staff screens and refers job seekers based on how well their skills
meet your job requirements_ The screening is done broadly or narrowly,
depending on how many people you want to interview.
WorlcSource also can help you with free job advertising, pay -rate information, tax
credits and information on employment laws and regulations, We're committed to
helping your business succeed.
02. What screening and assessment of skills does WorkSource conduct?
A. We conduct a variety of screening and assessment, Contact your local
WorkScurce center to ask what assessment services are provided.
03. If the position requires a certain skill level, can WorkSource test applicants
for math and reading levels or typing speed?
A. WorkScurce staff will pre screen applicants based on tore qualifications that you
need. Ask your WorkScurce staff perscn about their ability to assess certain
skills required for the position.
04. Can we conduct interviews at WorkSource?
A You can use space at WorkSource for mass application sessions, one on-one
interviews, or even group orientations. Contact your local WorkSource to check
availability.
05. What is the anticipated hiring time?
A. We recommend you plan ahead (7 -10 days), although you may hire when you
choose. The job will be listed for you right away,
05. What if WorkSource doesn't have job seekers with the skills and abilities
that match our needs?
A. WorkSource staff will look first for qualified local applicants. if no one is available,
then the search is expanded to include other areas to see if applicants are willing
to commute or relocate. During this recession, there is an unprecedented pool of
qualified applicants. Our matching system has the unique capabilities to match
skilled job seekers with available jobs.
07. is WorkSource able to coordinate job fairs or hiring events?
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Attachment C
Yes, WorkSource often coordinates Large job fairs and targeted hiring events.
Your Local WorkSource staff can arrange the details such as date, availability of
space, and the amount of time they need to help coordinate your hiring event.
08. Do I have to fist jobs and report hiring information to WorkSource?
A. Yes. Even if you hire someone who already works for you in a different position,
report the hire for contract requirements.
09. Can I list my job opening with other sources like temp agencies or run a
classified ad in the newspaper at the same time?
A. You may recruit as broadly as you like. Just remember that a requirement of your
contract is to post contract- funded job openings with your WorkSource business
representative and report all hiring information.
Q'ltL What information is being tracked by WorkSource?
A. WorkSource tracks information about jobs listed, job candidates referred and the
job openings filled.
011. Who is the information being provided to?
A. Participation and performance information is provided by the Employment
Security Department to the U.S. Department of Labor. It also is being reported to
the Governor, who is required by the federal Office of Management and Budget
to report about jobs preserved and created during the recession.
Q12. How long after placing the job order with Work$ource will it take before I
can interview applicants?
A. It could happen the same day if there are interested, qualified job seekers who
apply right away. Typically, it may take a few days.
Q13. What if I already have a job candidate (or a list of candidates), why do I
have to list my jobs with WorkSource?
You can hire anyone you want, but you need to report it to us. Listing your
stimulus- funded jobs with WorkSource enables us to track how many jobs are
created and filled. We will relay the information to the governor and the federal
government, who are documenting the effects of the stimulus funding..
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Attachment C
Know Your Rights Under the Recovery Act!
Post this notice of the rights and remedies.
Did you know? The American Recovery and Reinvestment Act of 2009 iprovides
protections for certain employees of non federal employers who make specified disclosures
relating to possible fraud, waste and /or abuse or Recovery Act funds.
Who is protected? Employees of non federal employers receiving recovery funds. This includes
State and local governments, contractors, subcontractors, grantees or professional membership
organizations acting in the interest of recovery fund recipients.
How are Whistleblowers Protected? You cannot be discharged, demoted or otherwise
discriminated against as a reprisal for making a protected disclosure.
What types of disclosures are protected? The disclosure must be made by the employee to
the Recovery Accountability and Transparency Board, an Inspector General, the Comptroller
General, a member of Congress, a state or federal regulatory or law enforcement agency, a person
with supervisory authority over the employee, a court or grand jury, or the head of a federal agency
or his/her representatives. The disclosure must involve information that the employee believes is
evidence of:
iSection 1553 of Division A, Title XV of the American Recovery and Reinvestment Act of 2009, P.L. 111 -5
gross mismanagement of an agency contract or grant relating to recovery funds;
a gross waste of recovery funds;
a substantial and specific danger to public health or safety related to the implementation or use of
recovery funds;
an abuse of authority related to the implementation or use of recovery funds; or
a violation of law, rule, or regulation related to an agency contract or grant awarded or issued
relating to recovery funds.
Take Action! Log on to Recovery.gov for more information about your rights and details
on how to report at www.recoverv.sov.
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SPECIAL TERMS AND CONDITIONS
CAPITAL
FEDERAL ARRA FUNDS
1. ACKNOWLEDGEMENT OF FEDERAL FUNDING,
The Contractor agrees that any publications (written, visual, or sound) but excluding press releases,
newsletters, and issue analyses, issued by the Contractor describing programs or projects funded in
whole or in part with federal funds under this contract, shall contain the following statements:
Acknowledgement: This project is funded in whole or in part by funds made available
through the American Recovery and Reinvestment Act (ARRA). This funding was
awarded by the US Department of Energy through the Energy Policy Division of the
Washington State Department of Commerce under Energy Efficiency and
Conservation Block Grant No.DE- EE0000849."
COMMERCE, as recipients of American Recovery and Reinvestment Act (hereinafter "Act funds, is
legally obligated to meet accountability and reporting requirements under the Act. The state of
Washington or the federal funding source may also identify additional requirements or other changes
in requirements. Such requirements may be in statute, regulation, policy, or procedure. COMMERCE
is responsible for incorporating these requirements into the performance of this contract. Although all
requirements have not yet been identified, please expect additional reporting requirements, to
include, but not limited to, performance outcomes such as created or retained jobs.
2. CONTRACT MANAGEMENT
The Contract Representative for each of the parties shall be responsible for and shall be the contact
person for all communications and billings regarding the performance of this Contract.
The Contract Representative for COMMERCE and thew contact information are identified on the
Face Sheet of this Contract.
The Contract Representative for the Contractor and their contact information are identified on the
Face Sheet of this Contract.
3. COMPENSATION
COMMERCE shall pay an amount not to exceed $135,000 for the performance of all things
necessary for or incidental to the performance of work as set forth in the Scope of Work. Contractor's
compensation for services rendered shall be based on the following rates or in accordance with the
following terms:
COMMERCE and Contractor may adjust amounts in the budget categories by 10% or less without a
formal contract amendment by written mutual agreement by both parties. Written approval shall be
through the following method: 1) Written request to COMMERCE from the Contractor by email of the
proposed variation, 2) Review of the request by Commerce, and 3) Written determination
(approval /rejection) by the COMMERCE Contract Representative to the Contractor.
Contractor's compensation for services rendered shall be based on the schedule set forth in
Attachment A Statement of Work and Attachment 13 Budget.
ARRA/EECGB Federal Funding requires USDOE approval of subcontracts and their supported
activities. Construction activity cannot be initiated until all required permits are in place and
compliance with the requirements of NEPA/SEPA and Section 106 of the National Historic
Preservation Act are approved. No funds shall be expended on this contract or subcontract activity
until Commerce notifies Contractor of receipt of approval from DOE. Commerce does not guarantee
or assume any obligation to reimburse costs incurred by the recipient or subcontractor for these
activities until approval is provided in writing by Commerce. Upon written approval of Contractor by
Commerce, Contractor may receive reimbursement for allowable costs incurred in accordance with
the payment provisions contained in this agreement.
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SPECIAL TERMS AND CONDITIONS
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EXPENSESITRAVEL as provided in Attachment B Budaet
Contractor shall receive reimbursement for travel and other expenses as identified below or as
authonzed in advance by COMMERCE as reimbursable. The maximum amount to be paid to the
Contractor for authorized expenses shall not exceed the line item amount specified in Attachment B
budget, which amount is included in the Agreement total above.
Such expenses may include airfare (economy or coach class only), other transportation expenses,
and lodging and subsistence necessary during periods of required travel. Contractor shall receive
compensation for travel expenses at current state travel reimbursement rates.
4. BILLING PROCEDURES AND PAYMENT
COMMERCE will pay Contractor upon acceptance of services provided and receipt of properly
completed invoices, which shall be submitted to the Representative for COMMERCE not more than
monthly and no later than quarterly.
The invoices shall describe and document, to COMMERCE's satisfaction, a description of the work
performed, the progress of the project, and fees. The invoice shall include the contract reference
number F10 52110 044. If expenses are invoiced, provide a detailed breakdown of each type. A
receipt must accompany any single expenses in the amount of $50.00 or more in order to receive
reimbursement. Final Invoicing will not be paid until valid documentation is submitted showing that
Final Permitting Inspection is passed as applicable to the project.
Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after
receipt of properly completed invoices. Payment shall be sent to the address designated by the
Contractor.
COMMERCE may, in 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 of this contract.
No payments in advance or in anticipation of services or supplies to be provided under this contract
shall be made by COMMERCE.
Duplication of Billed Costs
The Contractor shall not bill COMMERCE for services performed under this Contract, and
COMMERCE 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 is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its subcontractors.
Match /Final Retainaae
With each reimbursement request, Contractor shall provide valid documentation to show match
expenditures equal to or greater than the match ratio indicated in Attachment B Budget. When such
documentation is not provided with each reimbursement request, COMMERCE shall withhold 10
percent from each payment until Commerce has accepted the final report (or completion of the
project, etc.) deliverable AND valid documentation to demonstrate that Match has been applied to the
project as indicated in Attachment B Budget. In no case shall the amount withheld exceed the
match amount identified in Attachment B Budget.
5. FISCAL MANAGEMENT
Contractor shall have a budgeting, accounting, and reporting system that meets the standards of WA
State Chapter 43.88 RCW Fiscal Management and USDOE CFR Title 10 Part 600 Financial
Assistance Rules demonstrating good internal control policies, procedures and practices.
Recipients must segregate the obligations and expenditures related to funding under the Recovery
Act. Financial and accounting systems should be revised as necessary to segregate, track and
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SPECIAL TERMS AND CONDITIONS
CAPITAL
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maintain these funds apart and separate from other revenue streams. No part of the funds from the
Recovery Act shall be commingled with any other funds or used for a purpose other than that of
making payments for costs allowable for Recovery Act projects.
6. MINORITY AND WOMEN OWNED BUSINESS ENTERPRISE
Contractor is encouraged to consider Minority and Women Business Enterprises (M/WBE) when
posting bids /solicitations for competitive awards and at a minimum and if available, at least one
W /MBE should be considered.
To post a solicitation at the WA State Office of Minority and Women Owned Business Enterprise
(OMWBE), contact Jean Wheat at wheat @omwbe.wa.gov and copy cynthiac @omwbe.wa.gov. or
call 360- 704 -1181.
The Office of Minority and Women Owned Business Enterprise also maintains a Directory of OMWBE
certified firms http: /www.omwbe.wa.gov /opportunities /index.shtml
7. REPORTING
All sub recipients and their partners, contractors and /or vendors are responsible for reporting
pursuant to Section 1512 of the American Recovery and Reinvestment Act of 2009. Commerce, as a
prime recipient of Recovery Act funds, must comply with the Recovery Act's extensive reporting
requirements, including quarterly financial and programmatic reporting. Commerce will require
quarterly reports from its Sub recipients in order to fulfill its obligation. The Sub recipient receiving
Recovery Act funds may expect that a standard form(s) and /or reporting mechanism will be made
available to help streamline the process. The Sub recipient agrees to provide to Commerce all
reports, documentation, or other information, as may be required to meet reporting obligations under
the Recovery Act. The Sub recipient's receipt of funds is contingent on meeting the Section 1512
reporting requirements.
Additional instructions and guidance regarding the required reporting will be provided as they become
available. For planning purposes, however, Sub recipients receiving Recovery Act funds should be
aware of the current Recovery Act section 1512(c) requirements.
Sub recipient Reports: Not later than five days after the end of each calendar quarter (January 5,
April 5, July 5, and October 5, etc., throughout the contract period), each sub recipient that received
recovery funds from a Federal agency shall submit a report to Commerce via email that contains:
Financial data
Sub recipient (and if applicable, vendor) FTEs: jobs created or retained reported as single
number; jobs directly funded by Recovery Act
Project activity milestones (based on sub recipient scope of work)
Energy savings on a per dollar invested basis
Energy saved (kwh, therms, gallons, BTUs, etc.)
Renewable energy capacity installed
Greenhouse gas emissions reduced
Funds leveraged
Data related to vendors paid more than $25,000 in a single purchase
Key metrics that will vary by project type per DOE guidance
For questions contact Meg O'Leary at (360) 725 3121
8. SITE VISITS
COMMERCE and DOE's authorized representatives have the right to make site visits at reasonable
times to review project accomplishments and management control systems and to provide technical
assistance, if required. Grantee must provide, and must require its sub awardees to provide
reasonable access to facilities, office space, resources, and safety and convenience of the
govemment representatives in the performance of their duties.
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SPECIAL TERMS AND CONDITIONS
CAPITAL
FEDERAL ARRA FUNDS
All site visits and evaluations must be performed in a manner that does not unduly interfere with or
delay the work.
9. RECORDS MAINTENANCE AND AUDITS
The parties to this contract shall each maintain books, records, documents and other evidence, which
sufficiently and properly reflect all direct and indirect costs expended by either party in the
performance of the services described herein. These records shall be subject to inspection,
reasonable access to review, or audit by personnel of both parties, other personnel duly authorized
by either party, the Office of the State Auditor, and federal officials so authorized by law. All books,
records, documents, and other matenal relevant to this Agreement must be retained for six years
after termination of this Agreement and the Office of the State Auditor, federal auditors, and any
persons duly authorized by the parties shall have full access to and the nght to examine any of these
matenals.
10. HISTORICAL OR CULTURAL ARTIFACTS
Prior to the expenditure of Federal funds to alter any structure or site, the Contractor is required to
comply with the requirements of Section 106 of the National Historic Preservation Act (NHPA).
Section 110(k) of the NHPA applies to DOE funded activities. Recipients shall avoid taking any action
that results in an adverse effect to eligible historic properties pending compliance with Section 106.
Contractor shall provide a copy of this concurrence to Commerce Noncompliance may result in the
revocation of funding.
11. NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) REQUIREMENTS
The Contractor is restricted from taking any action using Federal funds, which would have an adverse
effect on the environment or limit the choice of reasonable alternatives prior to DOE providing either a
NEPA clearance or a final NEPA decision regarding this project.
If you move forward with activities that are not authorized for Federal funding by the DOE Contracting
Officer in advance of the final NEPA decision, you are doing so at risk of not receiving Federal
funding and such costs may not be recognized as allowable cost share. Funding for activities or tasks
under this award is contingent upon the final NEPA determination.
12. SUBCONTRACTING
Notwithstanding the provisions of General Terms and Conditions, Section 41 SUBCONTRACTING,
of this Contract, no prior written approval is required for subcontracting of the actual construction of
the project; however, prior to subcontracting for planning activities which will be paid for with EECBG
grant funds (i.e., A &E, plans, studies, energy audits), the negotiated scope of work, schedule fees
will be submitted to Commerce for approval
Contractor shall provide a list of subcontractors to COMMERCE throughout the period of performance
of this contract including the business name, TIN and UBI number.
Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The
Contractor is responsible to COMMERCE 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 COMMERCE for any breach
in the performance of the Contractor's duties.
Every subcontract shall include a term that COMMERCE and the State of Washington are not liable
for claims or damages arising from a Subcontractor's performance of the subcontract.
13. INSURANCE
The Contractor shall provide insurance coverage as set out in this section. The intent of the required
insurance is to protect the State should there be any claims, suits, actions, costs, damages or
expenses arising from any loss, or negligent or intentional act or omission of the Contractor or
Subcontractor, or agents of either, while performing under the terms of this contract.
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SPECIAL TERMS AND CONDITIONS
CAPITAL
FEDERAL ARRA FUNDS
The insurance required shall be issued by an insurance company authorized to do business within
the state of Washington. Except for Professional Liability or Errors and Omissions Insurance, the
insurance shall name the state of Washington, its agents, officers, and employees as additional
insureds under the insurance policy. All policies shall be primary to any other valid and collectable
insurance. The Contractor shall instruct the insurers to give COMMERCE thirty (30) calendar days
advance notice of any insurance cancellation, non renewal or modification.
The Contractor shall submit to COMMERCE within fifteen (15) calendar days of the Contract start
date, a certificate of insurance which outlines the coverage and limits defined in this insurance
section. During the term of the Contract, the Contractor shall submit renewal certificates not less than
thirty (30) calendar days prior to expiration of each policy required under this section.
The Contractor shall provide insurance coverage that shall be maintained in full force and effect
during the term of this Contract, as follows:
Commercial General Liability Insurance Policy. Provide a Commercial General Liability
Insurance Policy, including contractual liability, written on an occurrence basis, in adequate
quantity to protect against legal liability arising out of contract activity but no less than $1,000,000
per occurrence. Additionally, the Contractor is responsible for ensuring that any Subcontractors
provide adequate insurance coverage for the activities arising out of subcontracts.
Automobile Liability. In the event that performance pursuant to this Contract involves the use of
vehicles, owned or operated by the Contractor or its Subcontractor, automobile liability insurance
shall be required. The minimum limit for automobile liability is $1,000,000 per occurrence, using a
Combined Single Limit for bodily injury and property damage.
Professional Liability, Errors and Omissions Insurance. The Contractor shall maintain
Professional Liability or Errors and Omissions Insurance. The Contractor shall maintain minimum
limits of no less than $1,000,000 per occurrence to cover all activities by the Contractor and
licensed staff employed or under contract 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 behalf
of the Contractor for the purpose of receiving or depositing funds into program accounts or
issuing financial documents, checks, or other instruments of payment for program costs shall be
insured to provide protection against Toss:
A. 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 COMMERCE as beneficiary.
B. 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 shall name the Contractor as beneficiary.
C. The Contractor shall provide, at COMMERCE's request, copies of insurance instruments 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 COMMERCE will be provided thirty (30) days advance written notice of
cancellation.
Additional Provisions:
The above insurance policy shall include the following provisions:
1. Additional Insured. The state of Washington, COMMERCE, its elected and appointed officials,
agents and employees shall be named as an additional insured on all general liability, excess,
umbrella and property insurance policies. All insurance provided in compliance with this
Agreement shall be primary as to any other insurance or self insurance programs afforded to or
maintained by the State.
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SPECIAL TERMS AND CONDITIONS
CAPITAL
FEDERAL ARRA FUNDS
2. Identification. The policy must reference COMMERCE's Agreement number and the State
agency name.
3. Insurance Carrier Rating. All insurance and bonds should be issued by companies admitted to
do business within the state of Washington and have a rating of A Class VII or better in the most
recently published edition of Best's Reports. Any exception shall be reviewed and approved by
COMMERCE's Risk Manager, or the Risk Manager for the state of Washington, before the
Agreement is accepted or work may begin. If an insurer is not admitted, all insurance policies
and procedures for issuing the insurance policies must comply with Chapter 48.15 RCW and 284-
15 WAC.
4. Excess Coverage. By requiring insurance herein, COMMERCE 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 COMMERCE in this
Agreement.
Local Government Contractors that Particioate in a Self Insurance Proaram
Self- Insured /Liability Pool or Self- Insured Risk Management Program With prior approval from
COMMERCE, the Contractor may provide the coverage above under a self- insured /liability pool or
self- insured risk management program. In order to obtain permission from COMMERCE, the
Contractor shall provide. (1) a description of its self- insurance program, and (2) a certificate and /or
letter of coverage that outlines coverage limits and deductibles. All self insured risk management
programs or self- insured /liability pool financial reports must comply with Generally Accepted
Accounting Principles (GAAP) and adhere to accounting standards promulgated by: 1) Governmental
Accounting Standards Board (GASB), 2) Financial Accounting Standards Board (FASB), and 3) the
Washington State Auditor's annual instructions for financial reporting. Contractor's participating in
joint risk pools shall maintain sufficient documentation to support the aggregate claim liability
information reported on the balance sheet. The state of Washington, its agents, and employees need
not be named as additional insured under a self insured property /liability pool, if the pool is prohibited
from naming third parties as additional insured.
Contractor shall provide annually to COMMERCE a summary of coverages and a letter of self
insurance, evidencing continued coverage under Contractor's self insured /liability pool or self insured
risk management program. Such annual summary of coverage and letter of self insurance will be
provided on the anniversary of the start date of this Agreement.
14. PUBLICATIONS
a. Contactor is encouraged to publish or otherwise make publicly available the results of the work
conducted under the award.
b. An acknowledgment of DOE support from Section 1 of these Special Terms and Conditions, and
the following disclaimer must appear in the publication of any material, whether copyrighted or not,
based on or developed under this project.
Disclaimer: "This report was prepared as an account of work sponsored by an agency of the United
States Government. Neither the United States Govemment nor any agency thereof, nor any of their
employees, makes any warranty, express or implied, or assumes any legal liability or responsibility for
the accuracy, completeness, or usefulness of any information, apparatus, product, or process
disclosed, or represents that its use would not infringe privately owned rights. Reference herein to
any specific commercial product, process, or service by trade name, trademark, manufacturer, or
otherwise does not necessarily constitute or imply its endorsement, recommendation, or favoring by
the United States Government or any agency thereof. The views and opinions of authors expressed
herein do not necessarily state or reflect those of the United States Government or any agency
thereof."
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SPECIAL TERMS AND CONDITIONS
CAPITAL
FEDERAL ARRA FUNDS
15. ORDER OF PRECEDENCE
In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving
precedence in the following order:
Applicable federal and state of Washington statutes and regulations
Special Terms and Conditions
General Terms and Conditions
Attachment C Additional Provisions Under the American Recovery and Reinvestment Act of
2009, Public Law 111 -5, and the Energy Efficiency Conservation Block Grant Program
(EECBG)
Attachment A Scope of Work
Attachment B Budget
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