HomeMy WebLinkAboutCOW 2010-03-08 Item 4A - Grant Agreement - Energy Efficiency through Transportation Planning Grant from WA State Department of CommerceCAS NUMBER: 10-024
AG I iNDA ITEM TITLE:
CATEGORY
!SPONSOR
SPONSOR'S
SUMMARY
REVIEWED BY
MTG. DATE
03/08/10
03/15/10
MTG. DATE
03/08/10
03/15/10
Meeting Date
03/08/10
03/15/10
(O -o2+
4repared by
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I
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Initials
EXPENDITURE REQUIRED AMOUNT BUDGETED
$0.00 $0.00
Fund Source: 104 ARTERIAL STREETS (PG. 25, 2010 CIP)
Comments:
COUNCIL AGENDA SYNOPSIS
Mayor'pigzv 1 ,ouncil review
IX
ITEM INFORMATION
ORIGINAL AGENDA DATE: MARCH 8, 2010
DATE: 03/01/10
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
RECORD OF COUNCIL ACTION
ATTACHMENTS
Informational Memorandum dated 02/23/10
Department of Commerce Interagency Grant Agreement
Minutes from the Transportation Committee meeting of 03/01/10
ITEM No.
Accept grant from ARRA and Washington State Department of Commerce for
Energy Efficiency Through Transportation Planning
Discussion Motion fl Resolution Ordinance n Bid Award Public Hearing Other
Mtg Date 03/08/10 Mtg Date 3/15/10 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
Council Mayor Adm Svcs U DCD [J Finance n Fire Legal fl P&R Police PW
Staff received notification of award of a $69,500.00 grant to develop Pedestrian and
Bicycle Level of Service Standards, as part of the update to the Transportation Element
portion of the Comprehensive Plan. The grant funds come from the 2009 Federal Economic
Stimulus Funds (ARRA) and will be administered by the State Department of Commerce.
The grant match includes staff time and the Fehr and Peers transportation model update
contract that the City is required to complete, so no additional match funds are needed.
[l COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
n Utilities Cmte 1 Arts Comm. Parks Comm. Planning Comm.
APPROPRIATION REQUIRED
$0.00
2
TO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Transportation Committee
FROM: Public Works Director
DATE: February 23, 2010
SUBJECT: Transportation Element Update to the Comprehensive Plan
Project No. 08 -RWO6
Energy Efficiency Through Transportation Planning Grant
ISSUE
Contract with the Department of Commerce for the awarded Energy Efficiency Through
Transportation Planning grant for a portion of the Transportation Element update work.
BACKGROUND
In October 2009, the City submitted for a grant in the amount of $69,500.00 to develop
Pedestrian and Bicycle Level of Service Standards as part of the update to the Transportation
Element portion of the Comprehensive Plan. Tukwila was one of only 8 jurisdictions in the state
to receive funds. These funds come from the 2009 Federal Economic Stimulus Funds (ARRA).
DISCUSSION
In order to have the funds available for the city's use, the Department of Commerce and Tukwila
must enter into a contractual agreement. The attached interagency agreement identifies the
city's responsibility for work and milestones as well as the federally required reporting process.
The City Attorney's office has reviewed and approved the contract for signature.
The match for this grant is listed on Attachment B to the contract. The match includes the
$324,209 contract with Fehr and Peers for the transportation model update as well as $39,000
in city salaries and benefits. The total match is $363,209.
RECOMMENDATION
The Council is being asked to approve the attached contract for signature (3 copies, in blue ink)
as required by the Department of Commerce and consider this item at the March 8, 2010
Committee of the Whole and the subsequent March 15, 2010 Regular meeting.
Attachment: Department of Commerce Signature Interagency Agreement Number F1052110 -009
w \pw eng \projects \a rw rs projects \08rw06 trans element comp plan \information memo eetp grant contract mayor signature 2-
23- 10.doc 3
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Department of Commerce
t
va u r
Interagency Agreement with
The City of Tukwila
through
The Washington State Department of Commerce
Energy Policy Division
Purpose ARRA /Energy Efficiency and Conservation Block
Grant (EECBG) /Non Construction
To assess bicycle and pedestrian level of service standards and
incorporate them into development review standards and public
improvement plans
Under the American Recovery and Reinvestment Act
(ARRA) of 2009
Start date: March 1, 2010
This project/contract is funded in whole or in part by funds made
available through the American Recovery and Reinvestment Act. RECOVERY GOV
Washington State Department of Commerce
www.commerce.wa.gov
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Special Terms and Conditions 1 6
Face Sheet 1
1. Acknowledgement of Federal Funding 2
2. Agreement Management 2
3. Compensation 2
4. Expenses 3
5. Billing Procedures and Payment 3
6. Fiscal Management 4
7. Minority Women Owned Business Enterprise 4
8. Reporting 4
9. Site Visits 5
10. Records Maintenance and Audits 5
11. Insurance 5
12. Publications 6
13. Order of Precedence 6
General Terms and Conditions 1 11
1. Definitions 1
2. All Writings Contained Herein 1
3. Amendments 1
4. Approval 1
5. Assignment 1
6. Audit 1
7. Certification Regarding Debarment, Suspension or Ineligibility or
Ineligibility and Voluntary Exclusion 3
8. Confidentiality /Safeguarding of Information 3
9. Copyright Provisions 4
10. Disputes 5
11. Ethics /Conflicts of Interest 5
12. Governing Law and Venue 5
13. Indemnification 5
14. Independent Capacity of the Contractor 6
15. Laws 6
16. Noncompliance With Nondiscrimination Laws 8
17. Political Activities 8
18. Procurement Standards for Federally Funded Programs 8
19. Recapture 9
20. Records Maintenance 9
21. Savings 9
22. Severability 9
23. Subcontracting 9
24. Survival 10
25. Termination for Cause /Suspension 10
26. Termination for Convenience 10
27. Termination Procedures 10
28. Waiver 11
Attachment A Statement of Work
Attachment B Budget
Attachment C Additional Provisions under the American Recovery and Reinvestment
Act of 2009, Public Law 111 -5, and
Attachment D October 10/7/2009 OMB Memo on ACORN
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TABLE OF CONTENTS
1. Contractor
City of Tukwila
6200 Southcenter Blvd.
Tukwila, Washington 98188
3. Contractor Representative
PROGRAM
Cyndy Knighton
Senior Engineer
206 431 -2450
clanghtton@ci/tukwila.wa.us
5. Agreement Amount
FOR CONTRACTOR
Jim Haggerton, Mayor
Date
Agreement Number: F1052110 -009
Washington State Department of Commerce, Energy Policy Division
City of Tukwila Bicycle LOS standards
Federal USDOE Agreement No. DE- EE0000849
CONTRACT
Gail Labanara
Fiscal Analyst
206.431.3660
glabanara@ci.tukwila.wa.us
6. Funding Source
$69,500 Federal: State: Other:
9. Federal Funds (as applicable) Federal Agency
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2. Contractor Doing Business As (optional)
Same as Contractor
4. COMMERCE Representatives
PROGRAM CONTRACT
Anne Fritzel Judy Hartman
Senior Planner, Energy Policy Specialist
Growth Management Services PO Box 43173
360.725.3064 Olympia, WA 98504
Anne.Fritzel @commerce.wa.gov 360.325.3115
Judy.Hartman@commerce.wa.gov
7. Start Date 8. End Date
N /A: 3/1/2010 4/30/2012
CFDA Number
81.128
$69,500 US Department of Energy
10. Tax ID 11.SWV# 12.UBI# 13. DUNS#
91- 6001519 179000208 179000208 0102- 075 -04
14. Purpose:
The City of Tukwila will assess bicycle and pedestrian level of service standards and incorporate them into development review
standards and public improvement plans.
COMMERCE, defined as the Department of Commerce, and the Contractor or its successor agency, as defined above, acknowledge
and accept the terms of this Agreement and attachments and have executed this Agreement on the date below to start as of the date
and year referenced above. The rights and obligations of both parties to this Agreement are governed by this Agreement and the
following other documents incorporated by reference: Contractor Terms and Conditions including Attachment "A" Statement of
Work and Task Schedule, Attachment `B" Budget Sheet, Attachment "C" Additional Provisions under the American Recovery
and Reinvestment Act of 2009 and the Energy Efficiency Conservation Block Grant Program (EECBG), and Attachment "D"
10/7/09 OMB Memo on ACORN.
FOR COMMERCE
Tony Usibelli, Assistant Director
Date
TEMPLATE APPROVED AS TO FORM
Alice Blado, Assistant Attorney General, 02/10/2010
FACE SHEET
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SPECIAL TERMS AND CONDITIONS
INTERAGENCY
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 Agreement, shall contain the following
acknowledgement and the disclaimer from Section 12 of these Special Terms and Conditions.:
"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 a recipient 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 Agreement. 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. AGREEMENT 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 Agreement.
The Contract Representative for COMMERCE and their contact information is identified on the
Face Sheet of this Agreement.
The Contract Representative for the Contractor and their contact information is identified on the
Face Sheet of this Agreement.
3. COMPENSATION
COMMERCE shall pay an amount not to, exceed $69,500 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
Attachment B Budget.
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.
The federal Office of Management and Budget has issued a 10/7/09 Memorandum restricting any
"obligation or award" to the Association of Community Organizations for Reform Now (ACORN), or
any of its affiliates, subsidiaries, or allied organizations. A copy of this Memorandum is marked as
Attachment D and is both incorporated by reference and attached to this agreement. This
Memorandum requires that no federal funding be awarded through this contract or through any sub
grants, subcontracts, or other sub recipient arrangements.
List detail of compensation to be paid, e.g., hourly rates, number of hours per task, unit prices, cost
per task, cost per deliverable, etc. or reference documents that specify Contractor's compensation
and payment, e.g., Contractor's compensation for services rendered shall be based on the schedule
set forth in Attachment A Statement of Work and Attachment B Budget.
This project /contract is funded in whole or in part by funds made available through the American
Recovery and Reinvestment Act (ARRA) and State Recovery Act reporting requirements apply.
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SPECIAL TERMS AND CONDITIONS
INTERAGENCY
FEDERAL ARRA FUNDS
ARRA/EECGB Federal Funding requires USDOE approval of subcontracts and their supported
activities. 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.
4. EXPENSES If allowed
Contractor shall receive reimbursement for travel and other expenses as identified below or as
authorized 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.
5. 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 Contract Representative for COMMERCE no
more than monthly.
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 Agreement reference
number F1052110 -009.
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.
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 Agreement or withhold payments claimed by
the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or
condition of this Agreement.
No payments in advance or in anticipation of services or supplies to be provided under this
Agreement shall be made by COMMERCE.
Duplication of Billed Costs
The Contractor shall not bill COMMERCE for services performed under this Agreement, 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 [Pick One as Applicable'
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 as indicated in Attachment B Budget has been applied to the project.
OR
Valid documentation for Match as required in the original proposal of $424,000 has been submitted to
and accepted by Commerce; therefore, the Match requirement has been met.
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8. REPORTING
SPECIAL TERMS AND CONDITIONS
INTERAGENCY
FEDERAL ARRA FUNDS
6. FISCAL MANAGEMENT
Contractor shall have a budgeting, accounting, and reporting system that meet 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
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.
7. 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 jwheat @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
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
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9. SITE VISITS
10. RECORDS MAINTENANCE and AUDITS
SPECIAL TERMS AND CONDITIONS
INTERAGENCY
FEDERAL ARRA FUNDS
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
government representatives in the performance of their duties.
All site visits and evaluations must be performed in a manner that does not unduly interfere with or
delay the work.
The parties to this contract shall each maintain books, records, documents and other evidence, which
sufficiently and property 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 material 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 right to examine any of these
materials.
11. INSURANCE
The Contractor shall provide insurance coverage as set out in this section. The intent of the required
insurance is to protect COMMERCE 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 Agreement.
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 Agreement start
date, a certificate of insurance which outlines the coverage and limits defined in this insurance
section. During the term of the Agreement, 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 Agreement, 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 Agreement 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 Agreement 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
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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 loss:
A. The amount of fidelity coverage secured pursuant to this Agreement shall be $100,000 or the
highest of planned reimbursement for the Agreement 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 Agreement 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:
SPECIAL TERMS AND CONDITIONS
INTERAGENCY
FEDERAL ARRA FUNDS
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.
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 Participate in a Self Insurance Program
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
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SPECIAL TERMS AND CONDITIONS
INTERAGENCY
FEDERAL ARRA FUNDS
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.
12. PUBLICATIONS
a. Contactor is encouraged to publish or otherwise make publicly available the results of the work
conducted under the award.
b. 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 Agreement, shall contain the acknowledgment
of federal funding from Section 1 of these Special Terms and Conditions and the following disclaimer.
Disclaimer: "This report was prepared as an account of work sponsored by an agency
of the United States Government. Neither the United States Government 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."
13. ORDER OF PRECEDENCE
In the event of an inconsistency in this Agreement, 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 Statement of Work
Attachment B Budget
Attachment D October 10/7, 2009 OMB /09 Memo on ACORN
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1. DEFINITIONS
As used throughout this Agreement, 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
Agreement, 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 governmental services or other activities, addresses, telephone numbers, social
security numbers, driver license numbers, other identifying numbers, and any financial identifiers.
E. "State" shall mean the state of Washington.
F. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or
part of those services under this Agreement under a separate contract with the Contractor. The
terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier.
2. ALL WRITINGS CONTAINED HEREIN
This Agreement contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to
exist or to bind any of the parties hereto.
3. AMENDMENTS
This Agreement 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.
4. 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.
5. ASSIGNMENT
Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned
by the Contractor without prior written consent of COMMERCE.
6. AUDIT
GENERAL TERMS AND CONDITIONS
INTERAGENCY
FEDERAL ARRA FUNDS
A. General Requirements
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.
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As applicable, Contractors required to have an audit must ensure the audits are performed in
accordance with Generally Accepted Auditing Standards (GAAS); Government 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 to COMMERCE requests for
information or corrective action concerning audit issues within thirty (30) days of the date of
request.
B. Federal Funds Requirements 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 Governments, 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 agreement numbers
Catalog of Federal Domestic Assistance (CFDA) number
Grantor agreement 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 government 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
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.
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GENERAL TERMS AND CONDITIONS
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7. 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 Agreement, 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 governmental
entity (Federal, State, or local) with commission of any of the offenses enumerated in
paragraph (1)(b) of this section; and
4. Have not within a three -year period preceding the signing of this Agreement 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 Agreement, the
Contractor shall attach an explanation to this Agreement.
C. The Contractor agrees by signing this Agreement 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 Agreement 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
a) The lower tier contractor certifies, by signing this Agreement that neither it nor its principals is
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal department or agency.
b) Where the lower tier contractor is unable to certify to any of the statements in this Agreement,
such contractor shall attach an explanation to this Agreement.
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 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 (htto: /ww.epls.00v) before determining
if a prospective contractor is considered responsible.
8. 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;
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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 government services,
addresses, telephone numbers, social security 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 Agreement 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 Agreement 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.
9. COPYRIGHT PROVISIONS
Unless otherwise provided, all Materials produced under this Agreement 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.
"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 Agreement, but that incorporate pre- existing materials not
produced under the Agreement, 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 Agreement, 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
Agreement. 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
Agreement. COMMERCE shall have the right to modify or remove any restrictive markings placed
upon the Materials by the Contractor.
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10. DISPUTES
Except as otherwise provided in this Agreement, 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 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 Agreement number; and
be mailed to the Director and the other party's (respondent's) Agreement 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 writing 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 Agreement 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.
11. ETHICS /CONFLICTS OF INTEREST
In performing under this Agreement, 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.
12. GOVERNING LAW AND VENUE
This Agreement 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.
13. 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.
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14. 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 Agreement 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.
15. LAWS
The Contractor shall comply with all applicable laws, ordinances, codes, regulations, and policies of
local, state, and federal governments, as now or hereafter amended, including, but not limited to:
United States Laws. Regulations and Circulars (Federal)
A. American Recovery and Reinvestment Act (ARRA) of 2009
B. Audits
Office of Management and Budget (OMB) Revised Circular A -133 "Audits of States, Local
Governments, and Non Profit Organizations."
B. Labor and Safety Standards
Convict Labor, 18 U.S.C. 751, 752, 4081, 4082.
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.
C. 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.
Handicapped Employees of Government 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 Construction Contracts, Executive Order 11246, 42
U.S.C. 2000e, as amended by Executive Order 11375, 41 CFR Chapter 60.
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E. Other
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Section 3, Housing and Urban Development Act of 1968, 12 USC 1701u (See 24 CFR
570.607(b)).
D. Office of Management and Budget Circulars
Cost Principles for State, Local and Indian Tribal Governments, OMB Circular A -87, 2 CFR, Part
225.
Cost Principles for Nonprofit Organizations, OMB Circular A -122 (if the Contractor is a nonprofit
organization).
Grants and Cooperative Agreements with State and Local Governments, OMB Circular A -102 (if
the Contractor is a local government or federally recognized Indian tribal government).
Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher
Education, Hospitals and Other Nonprofit Organizations, OMB Circular A -110.
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 Federal Funds.
Section 8 Housing Assistance Payments Program.
F. Privacy
Privacy Act of 1974, 5 U.S.C. 552a.
Washington State Laws and Regulations
A. Affirmative action, RCW 41.06.020 (11).
B. Boards of directors or officers of non profit corporations Liability Limitations, RCW 4.24.264.
C. Disclosure- campaign finances lobbying, Chapter 42.17 RCW.
D. Discrimination -human rights commission, Chapter 49.60 RCW.
E. Ethics in public service, Chapter 42.52 RCW.
F. Office of minority and women's business enterprises, Chapter 39.19 RCW and Chapter 326 -02
WAC.
G. Open public meetings act, Chapter 42.30 RCW.
H. Public records act, Chapter 42.56 RCW.
I. State budgeting, accounting, and reporting system, Chapter 43.88 RCW.
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16. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
17. POLITICAL ACTIVITIES
18. PROCUREMENT STANDARDS FOR FEDERALLY FUNDED PROGRAMS
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During the performance of this Agreement, 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 Agreement may be
rescinded, canceled or terminated in whole or in part, and the Contractor may be declared ineligible
for further Agreements 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.
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.
A Contractor which is a local government or Indian Tribal 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
Agreement.
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 Agreement.
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.
f. Some form of price or cost analysis should be performed in connection with every
procurement action.
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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 Agreement administration to ensure Contractor conformance with terms,
conditions and specifications of this Agreement, and to ensure adequate and timely
follow -up of all purchases.
4. Contractor and Subcontractor must receive prior approval from COMMERCE for using funds
from this Agreement to enter into a sole source Agreement or an Agreement where only one
bid or proposal is received when value of this Agreement 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.
19. RECAPTURE
In the event that the Contractor fails to perform this Agreement in accordance with state laws, federal
laws, and /or the provisions of this Agreement, 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.
20. RECORDS MAINTENANCE
The Contractor shall maintain all books, records, documents, data and other evidence relating to this
Agreement 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 Agreement. 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.
21. 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 Agreement and prior to normal completion, COMMERCE may terminate
the Agreement under the "Termination for Convenience" clause, without the ten calendar day notice
requirement. In lieu of termination, the Agreement may be amended to reflect the new funding
limitations and conditions.
22. SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shall
be held invalid, such invalidity shall not affect the other provisions of this Agreement that can be given
effect without the invalid provision, if such remainder conforms to the requirements of law and the
fundamental purpose of this Agreement and to this end the provisions of this Agreement are declared
to be severable.
23. SUBCONTRACTING
The Contractor may only subcontract work contemplated under this Agreement 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,
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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 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.
24. SURVIVAL
25. TERMINATION FOR CAUSE SUSPENSION
GENERAL TERMS AND CONDITIONS
INTERAGENCY
FEDERAL ARRA FUNDS
The terms, conditions, and warranties contained in this Agreement that by their sense and context are
intended to survive the completion of the performance, cancellation or termination of this Agreement
shall so survive.
In event COMMERCE determines that the Contractor failed to comply with any term or condition of
this Agreement, COMMERCE may terminate the Agreement 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.
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 Agreement. Failure by the Contractor to take timely corrective action shall
allow COMMERCE to terminate the Agreement 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 Agreement or when
COMMERCE determines the failure was not caused by the Contractor's actions or negligence.
If the Agreement 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 Agreement and the
replacement Agreement, as well as all costs associated with entering into the replacement
Agreement (i.e., competitive bidding, mailing, advertising, and staff time).
26. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Agreement, COMMERCE may, by ten (10) business days written
notice, beginning on the second day after the mailing, terminate this Agreement, in whole or in part. If
this Agreement is so terminated, COMMERCE shall be liable only for payment required under the
terms of this Agreement for services rendered or goods delivered prior to the effective date of
termination.
27. TERMINATION PROCEDURES
After receipt of a notice of termination, except as otherwise directed by COMMERCE, the Contractor
shall:
A. Stop work under the Agreement 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
Agreement;
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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, Agreement deliverables and /or COMMERCE property in the
Contractor's possession as directed by COMMERCE.
Upon termination of the Agreement, COMMERCE shall pay the Contractor for any service provided
by the Contractor under the Agreement 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 Agreement or otherwise provided under law.
28. 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 Agreement unless
stated to be such in writing and signed by Authorized Representative of COMMERCE.
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ATTACHMENT A
Statement of Work
Activity Title: Pedestrian and Bike Levels of Service (LOS) Project
Purpose: This project will help the City of Tukwila accomplish the following goals: (1) Establish a multi
modal transportation system; (2) Reduce greenhouse gas emissions; and (3) Reduce vehicle -miles traveled
(VMT), as required by the State Growth Management Act.
Specifically, the work will include updating the Transportation Element of its Comprehensive Plan and as
the part of the plan update, the EETP grant will be used to include pedestrian and bike levels of service
(LOS) analysis for arterials in the City of Tukwila. The Transportation Element will establish LOS policies
and standards or benchmarks for all modes of transportation. This Pedestrian and Bike LOS Project will
give the City transportation modeling support and financing tools to transform its auto dominated
transportation system to one that promotes alternative modes and reduces VMT and transportation related
greenhouse gas emissions.
Using the EETP grant, the following tasks will be incorporated into Tukwila's Transportation Element:
1. Inventory existing bicycle and pedestrian conditions leveraging data from the City's Walk Roll
non motorized plan.
2. Identify pedestrian and bike LOS policies.
3. Calculate levels of service for pedestrian and bike modes on all arterials.
4. Identify existing deficiencies for all modes of transportation.
5. Use the pedestrian and bike LOS to decide what facilities are needed for 2030
6. Integrate the non motorized LOS into development review standards and public improvement plans.
Tasks and Deliverables Start Date End Date
Task 1. Establish pedestrian and bike analysis corridors on the City arterial
network 3/1/2010 3/30/2010
a. Coordinate with staff and the Walk Roll Plan to establish
corridors.
Task 2. Identify the existing pedestrian and bike facilities 4/1/2010 5/30/2010
a. Coordinate with staff and the Walk Roll plan to identify and
inventory all existing facilities
b. Coordinate with staff to identify and inventory all future facilities
under construction or obligated for construction prior to end of
2010
Task 3. Review the pedestrian and bike data and needs analysis in the Walk 4/15/2010 5/31/2010
Roll Plan
Deliverable 1: Memorandum identifying non motorized corridors and 5/31/10
summarizing existing conditions and previously identified needs.
Task 4. Collect transportation data that will be needed to calculate pedestrian 6/1/2010 7/31/2010
and bike LOS
a. Street Geometry: number of lanes, lane width, median width, bike
lane width, parking lane width, shoulder width, planter strip,
sidewalk width, intersection and driveways and pavement
conditions
ARRA COM Federal Interagency /EECBG Template Non Construction
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27
b. Travel Demand: intersection vehicle volumes and turning moves,
right turn on red volume, percent heavy vehicles, bus volumes,
pedestrian volume and percent on- street parking occupied
c. Intersection Control: green time per cycle, cycle length, quality of
progression and speed limit
Task 5. Calculate pedestrian and bike LOS 8/1/2010 9/30/2010
a. Coordinate with staff to determine appropriate methodology
b. Apply methodology and calculate existing LOS and identify
deficiencies
c. Identify potential alternatives to alleviate deficiencies
d. Coordinate with staff to establish LOS policies, balancing
deficiencies with feasibility of correction options
Deliverable 2. Memorandum documenting pedestrian and bike. LOS 9/30/2010
analysis and project selection process.
Task 6. Prepare a draft report on pedestrian and bike LOS summarizing Task 10/1/201 1/31/2011
1 through Task 5
a. Distribute preliminary draft report to staff for review
b. Revise preliminary draft report based on staff comments
c. Distribute Final Draft Report to staff
d. Present Final Draft Report to Planning Commission and Council
for consideration and acceptance
Deliverable 3. Draft Report I 1/31/2011
Task 7. Final Report 1/1/2011 4/31/2011
a. Revise Final Draft as directed by Planning Commission and
Council
b. Integrate into the larger Transportation Background Report for the
Transportation Element of the Comprehensive Plan update
Deliverable 4. Pedestrian and Bicycle Level of Service section in the 4/30/2011
Transportation Background Report.
Deliverable 5: Close -out reporting 6/30/2011
28 ARRA COM Federal Interagency /EECBG Template Non Construction
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Attachment A
5 4/5/2011 1512 Report
Invoice $2,905 $10,995 $13,900
Due Deliverables Deliverable 3. Draft Report Due Jan 1. 2011
Insurance Certificate
6 7/5/2011 1512 Report
Invoice $2,905 $10,995 $13,900
Due Deliverables Deliverable 4. Ped /Bike LOS section of
Transportation Background Report Due 4/30/2011
Deliverable 5: Closeout Report Due 6/30/2011
$14,526 $54,975 $01 $69,500
ARRA COM Federal Interagency /EECBG Template Non Construction
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Attachment A
Schedule of Due Deliverables and Estimated Invoicing
Estimated Estimated Projected Actual Grant
Report Salary Estimated Goods Invoice Invoice Funds
Period Date Due Items Due &Benefit Contractual Services Total Total Remaining
1 4/5/2010 1512 Report
Insurance Certificate $69,500
2 7/5/2010 1512 Report
Invoice $2,905 $10,995 $13,900 $55,600
Due Deliverables Deliverable 1. Memorandum identifying corridors, Due 5/31/2010
existing conditions, and needs
3 10/5/2010 1512 Report
Invoice $2,905 $10,995 $13,900
Due Deliverables Deliverable 2. Memorandum on LOS analysis Due 9/3- 0/2010
I
$41,700
4 1/5/2011 1512 Report
Invoice $2,905 $10,995 $13,900 $27,800
Due Deliverables None
$13,900
$0
29
30
GRANT TITLE:
PROJECT NAME:
COM Agreement No.
Applicant Name
Address. City Zip
ADD COUNTY COLUMN
BUDGET
I Ener6V. EffiCiencVihr6ubh Transportation Planning (EETP)
Fed. Grant No. 1' :DEL-EL 0000 ,849 I" I
COM Point of Contact' :Anrie,Fritz01': I
Funding TYPE Gi I
bilie) I .1 d
!City of Tukwila
6300 Southcenter Blvd, Suite 100, Tukwila, WA, 98188
Sub-recienient POC IA1 I N1:::;1Cvndv Knighton
I ,J:' r„--',';',..-. I I 'MATCH iiz's...'. 1 .?q.:=::'
OBJ Commerce EECGP Federal State County City
I A I 11,150.00 L 1 k: 1 I :i 30,000.00
I B I 3,350.00 I 1 17- 1: 1!.: 9,000.00
1 C 1 55,000.00 l'' 1-- 1:'," 324,209.00 01
1 E 1 I -i-' i-
1 G 1 r." 1-
1 J (JA) 1 1.: l:;1 r:
b (Other) I..:: I.:' ••1
Total Direct Costs I 1 69,500.00 L.: 0.001. 0.001r: 0.001 363,209.00
Categories
'Salaries and Wages
1Benefits
I Contractual
1 Goods And Services
1 (suppiiesicommodities)
'Travel
1Equipment-None Capitalized
*Equipment-Capitalized
**Other Define
1Pedestrian and Bike Levels of Service (LOS) Project
Admin. Support Costs 1 1 1 1 Id 1 -.1 1 l 1 e I: i` -f i I
Method 1 as of direct costs OR bff.o:a.okg1 o.00 I I o.00 I1 0.001 0.001,1 0.001 2 1
Method 2 as a hard cost entry 1-- laKci I r. -:;p:1:' p p
lgaill i, 1
1 Total Admin Costs 1 1 0.001 1 0.0011 0.0011 0.00N
V! .::.--'2
1Total All Costs 1 1 69,500.00 I 1 0.00I': 1 0.0011 0.001 1 363,209.00 1 1 432,709,00 'I
'Percentage (Total Contract) 1 1 16.1% I: 1 0.0% I 0.0%1: -1 0.0% I 1 83.9% I :E- I '1 '.:100 /01
69,500.00
Percentage (MI Split) 100.00% 0.00% 1 100.00%1
CrOTAl -F
r.:
i c
I Detail: 1 COST I 1 ITEM I I I I 1 I
I 11 $55,000 I 'Contractual costs for consultant help on project.
1 21 1 1 1 1 11 1!
1 31 11 11 11 11
1 41 11 11 11 11
ARRA COM Federal Interagency/EECBG Template Non-Construction
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Attachment B
Total Costs
1 11 000
6:00
1 r-432:71:19
TOTAL
31
32
(3)
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 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. Grantee's receipt
of funds is contingent on Grantee meeting the reporting requirement 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 5 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
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
Numbering System (DUNS) Number is required and should be inserted in Box 13 of the Face Sheet
of this Agreement.
ARRA COM Federal Interagency /EECBG Template Non Construction 1
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33
Attachment C
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 international trade agreement.
A. Section 1605 of the Recovery Act provides:
Use of American 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.
34 ARRA COM Federal Interagency /EECBG Template Non Construction 2
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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 governments; 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 Government.
(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 Government 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)0) 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
Government 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
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35
(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 Government 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)
Item 1:
Foreign steel, iron, or
manufactured good
Domestic steel, iron, or
manufactured good
Item 2:
(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.
(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.
Description
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.]
36 ARRA COM Federal Interagency /EECBG Template Non Construction 4
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I I
Attachment C
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 Government pursuant to the Recovery
Act, shall be paid wages at rates not less than those prevailing on projects of a character similar in
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.aov.
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 Agreement 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)
Contractors 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.oio. usdoi. aov/ recovery /suoplantinaauidance.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 agreement, 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 agreement (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
ARRA COM Federal Interagency /EECBG Template Non Construction
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37
Attachment C
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.
For assistance contact the WA State Governor's Office of Regulator Assistance (ORA), Regional
assistance Leads http /www.ora.wa.gov /contact.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 strict
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.
38 ARRA COM Federal Interagency /EECBG Template Non Construction 6
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Exhibit A
Attachment C
How to list ARRA jobs with 'the, employment Secur=ity (ESD) WorkSource system
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-- funded 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
Report this information to ESD's ARRA Business Unit at ARRAOesd.wa.aov. 877- 453 -5906 (toll
free) or 360 -438 -4849. (Employment Security will use the information to verify that contractors
comply with the requirement stated in Step 2,)
Sten 2: List ARRA-funded jobs with ESD's WorkSource systern
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
he reached at 877 453 -5906 (toll- free), 360 438 -4849 or ARRAaesd.wa.cov.
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 job /s (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 qualified
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.)
Sten 3: Renort birint? information
After completing the hiring process, the employer should contact the WorkSource business outreach
lead to "close" the joh 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 Interagency /EECBG Template Non Construction 7
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39
WORKSOUtre
Frequently asked questions for ARRA employers
02. What screening and assessment of skills does WorkSource conduct?
A. We conduct a variety of screening and assessment. Contact your local
WorkSource center to ask what assessment services are provided.
07. is WorkSource able to coordinate job fairs or hiring events?
40 ARRA COM Federal Interagency /EECBG Template Non Construction
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Attachment C
Q1. What services can I get when t list jobs with WorkSource?
A. WorkSource staff screens and refers job seekers based on how well theft skills
meet your job requirements. The screening is done broadly or narrowly,
depending on how many people you want to interview.
WorkSource 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.
03. If the position requires a certain skill level, can WorkSource test applicants
for math and reading levels or typing speed?
A. WorkSource staff will pre screen applicants based on the qualifications that you
need_ Ask your WorkSource staff person 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.
06, 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.
8
Attachment C
A.. 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.
Q8. Do 1 have to list 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.
Q9. Can 1 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.
Q10. What information is being tracked by WorkSource?
A. WorkSource tracks information about jobs listed, job candidates referred and the
job openings filled.
Q11. 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 WorkSource will it take before l
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 (ora fist of candidates), why do
have to list my jobs with WorkSource?
You can hire anyone you want, but you need to report R 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.
ARRA COM Federal Interagency /EECBG Template Non Construction
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9 41
Know Your Rights Under the Recovery Act!
Post this notice of the rights and remedies.
Attachment C
Did you know? The American Recovery and Reinvestment Act of 2009 tprovides
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:
Section 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.gov.
42 ARRA COM Federal Interagency /EECBG Template Non Construction
Last Updated 02/09/2010
10
M-1042
MEMORANDUM. FOR TI-LE H 8 OF EXECUTIVE DEMI:LT MaiTS, AND AGENCIES
FROM: Peter R. 01E2
Directi3T
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE PAAN_A.G.EM ENT AND BUDGET
WA f-t;• NC TON, D.C.:. 211E03
October 200
SUBTFCT: GuSrlAnce on. section 16.3 of the Contintrinz P. st on. :re_ffardin R the, .kisticiarion
Of Conn:amity O rga EizaliOLD tbr:S..eforta Now (ACORN)
'This memorandum provides e7.1 to Executive Branch agencies regarding the
:luiplemencance of setion 163 of the Corainuine A ropriations R& ton, 2010, Envision E a
L. No. 111-60: (CR), Which state:
SEC. 163. None -of the .fandIs made available by this Joint resoludon or any p.0 DI Act may
be provided to the ABE IC anon. of Cowmunity OrgaLiZali.ME: for Reform Now (ACORN),
or any alit, affiliates_ subsidiaries, or allied OffMliZati00.5..
Your a Berity fall5tirThledjately commence di c ry and. 'Wit? LE' s ta coiiiy with
SBCdCal 163. This it Tirades the following:
jktJJr! otkv 0,1 4 710745.. No aeency or department should oblieale or award ati.y
F.iedare funds to ACORN or any cif ti affilizieS, :51.1bliA:artei. Or allied or-gar:ha:Eons
(colleclivety 'affiliates') chnine the period of the CR. To the errecit yomr ag alrea,d.y
his determined that fUnds oulrl be obliza tad or awarie.d. to ACORN or its ea' E. bat
has not yet entered into any a Eleenent to puott: de such bmis to ACORN or any of its
affiliates, yarn agency Fit odd not p: vth icb fi..1Eds, Drew:Er into Bay Each agreements
to do so., As Kti 011 63 makes clea, its prohibition apples not only to the. funding, that
is made ,avaliable by the C. but ah to the fundne that was made available by
previously enacted statutes. In a dalion, the Wit Df section 163 15 sufficiently broad ED
cove funding that was made avaSaaVie for fiscal year (FY) 2009 and prior fiscal yens., as
well as fandine that is or win be made avaiLat:e for FY10.
SN'Sp enT10.1 of grant and core imattalpaymentg. If youz agency has an. esisting -contract
or gnu agree:x.ent with ACORN or its affiliates, the agency should: (i where
permissible, imr suspend performanr.e of any obligations under rh «ncrict or
agreetuent, including payment -p.1E-leder funds.s: and (E) consult promptly w!sth the
agency's gELE.11.11 counsA and, if necessary, the Office of Management aud Budget
ARRA COM Federal Interagency/EECBG Template Non-Construction
Last Updated 02/09/2010
Attachment D
43
1:0M3) ard the Deparrm.ent of il:AJCbrl.CMCErni h
t...e LJ °DEF-C.:EV:AM tial bear 4:::2 tbe
pIfElnlIZEC Of Sii.C21 oblizatrtne. lade:711'1e eNisring conixact OT agreEIZIEDt.
of CORA' and jis jrrs Federal grim roes arrOnerQefors.
'Cure nc thould rae ileps EC) 1'2 o Federa: kinds ire. ZIVITATLEd. Or Obliptid pnr
E:r.u.lees OT COCA ril.C.1.0Ti to ACCCR:S Or graLlees, subconcracrors, or other
mbrec Et ecai sacdon. 11.53 thx: 1*m of the :funds nny be provided,"
LIOZ only to a direct. recirstenx of Federal': fuLds but tO
Enbreapieut subconu 5u.b.ezraLtes. c(r COLYMC1OT oCt erantee.). We
recormnen;i diii vc.ir aaency:
c no zii i[ Ped?nL r71111 &nd COLOrt1C1 recipient.E. Of the probibit Lori countned
3153. aLi.p:ovide :Lam with a copy N.: Fu•dance document aLd.
c Fe..rieral grant aLd contrnr recipients (a) Loz co providF_. Federal :Etnis
A.C.',01;2.Z .07 it,;afftliares; Eubgrantees.. Kiticonrracrton or OthEr FabT2Cipf:er4TS,
C011iditral `IV h da ace. ad. Ca) to nolify your a ga my of My EN:Eli.E.S,
EllbCOMFACT.R 0:1311:ar silbree_pientM2LnE-LItii with PLCOK:ti Or it
affitaret: and of boil' th ricc.r is plannME c mply with the
w:th respezrr to tkos.e. 5Lbcontracts or subrecipient
71EnEr.:ICIE.
concerning tnetTLOrilaiiILL11. plsase CilUt?;i7t Preeta D. EtaLial,
GELIKal C:okutiel azie. Sec ior Policy t Of3K:,.;.komt...eor.Erov.
ARRA COM Federal Interagency/EECBG Template Non-Construction
44 Last Updated 02/09/2010
Attachment D
2
TRANSPORTATION COMMITTEE
Meeting Minutes
March 1, 2010 5:00 p.m. Conference Room 1
CALL TO ORDER: The meeting was called to order at 5 :00 p.m.
I. PRESENTATIONS
No presentations.
III. MISCELLANEOUS
Meeting adjourned at 5:14 p.m.
Next meeting: Monday, March 15, 2010 5:00 p.m. Conference Room 1
Committee Chair Approval
Miby KAM. Reviewed by GL.
City of Tukwila
Transportation Committee
PRESENT
Councilmembers: Verna Seal, Chair; Joan Hernandez and De'Sean Quinn
Staff Bob Giberson, Frank Iriarte, Robin Tischmak„ Steve Lancaster, Lisa Verner, Cyndy Knighton,
Gail Labanara and Kimberly Matej
Guest: Chuck Parrish
H. BUSINESS AGENDA
A. Transportation Element to the Comprehensive: Energy Efficiency Grant
Staff is seeking full Council approval to enter into a grant agreement with the Department of Commerce for
$69,500 in funding awarded through the Energy Efficiency Through Transportation Planning Grant
(stimulus funds).
These grants funds will be used by the City to complete Optional Task A: Calculate Pedestrian and Bike
Levels of Services outlined in the Fehr Peers contract which was approved by the City Council on
February 1, 2010 (see Transportation Committee minutes dated January 19, 2010). Since the amount
charges for this optional task were not included in the original contract, staff will return to Committee with
a supplemental agreement to the Fehr Peers contract relative to this work when applicable.
This grant fund does require a match, and the City is able to apply the Fehr Peers contract funds as its
matching funds. No new monies are required for this grant. This project was one of eight chosen state wide.
UNANIMOUS APPROVAL. FORWARD TO MARCH 8 COW FOR DISCUSSION.
B. Southcenter Parkway Extension David Evans Associates Design Supplement No. 9
Staff is seeking full Council approval of Contract Supplement No. 9 with David Evans Associates
(Contract 04 -025) in the amount of $221,033.
The scope of work for Supplement No. 9 includes completion of the remaining design work for the
Southcenter Parkway Extension, changes to drawings for access, fire hydrant and sewer lift station
relocations and updated technical information. The funds for this supplement will come from grant funds.
UNANIIVIOUS APPROVAL. FORWARD TO MARCH 8 COW FOR DISCUSSION.
45