HomeMy WebLinkAbout10-058 - WA State Department of Commerce - Energy Efficiency and Conservation Grant0- 058(c)
Council Approval N/A
Contract Number: F10- 52110 -050
Amendment Number: C
Washington State Department of Commerce
Energy Office (Formerly Energy Policy Division)
ARRA /Energy Efficiency Conservation Block Grant (EECBG) Smaller Cities Counties
1. Contractor
City of Tukwila
6300 Southcenter Blvd., Suite 100
Tukwila, WA 98188
2. Contractor Doing Business As (optional)
N/A
3. Contractor Representative (only if updated) 4. COMMERCE Representative (only if updated)
Unchanged Program: Patti Miller Crawley Corina Grigoras
(Unchanged) Project Manager
Contracts Administration Unit
PO Box 42525
Olympia, WA 98504 -2525
5. Original Agreement Amount 6. Amendment Amount 7. New Grant Amount
(and any previous amendments)
$167,286
8. Amendment Funding Source
Federal: X State: Other: N /A:
11. Federal Funds (as applicable):
$167,286
Federal Agency:
Department of Energy
$0.00
9. Amendment Start Date
November 18, 2011
$167,286 (unchanged)
10. Amendment End Date
April 30, 2012
CFDA Number:
81.128
12. Amendment Purpose:
1) Extend the project end date from December 31, 2011 to April 30, 2012 to allow for additional energy retrofits due to higher than
anticipated rebates.
2) Delete the performance measures that require all construction to begin by October 15, 2011 and all invoicing for the project to be
received by December 1, 2011. Rebates and remaining grant funding will be used to fund additional energy retrofits that cannot meet
these deadlines. Majority of costs have already been invoiced.
ALL OTHER TERMS AND CONDITIONS OF THIS AGREEMENT REMAIN UNCHANGED AND IN FULL FORCE AND
EFFECT.
COMMERCE, defined as the Department of Commerce, and the Grantee acknowledge and accept the terms of this Grant As
Amended and attachments and have executed this Grant Amendment on the date below to start as of the date and year
referenced above. The rights and obligations of both parties to this Grant As Amended are governed by this Grant
Amendment and the following other documents incorporated by reference: Grant Terms and Conditions including A copy of
this Grant Amendment shall be attached to and made a part of the original Grant between COMMERCE and the Grantee.
Any reference in the original Grant to the "Grant" shall mean tt As Amended II
FOR CO CTOR v FO OMMER
C am` ,vt-I XX
Signa Authority e ecca Stillings, Senior Manager
1,1 o
�YX� 1, 12 1 I
Print Name Date
MaA4 6 APPROVED AS TO FORM ONLY
Title J SANDRA C. ADIX, ASSISTANT ATTORNEY GENERAL
DATE: APRIL 21, 2010
SIGNATURE ON FILE
Date
V+ of 3 6Y `8L
STATg
U4�4
STATE OF WASHINGTON
DEPARTMENT OF COMMERCE
1011 Plum St SE o PO Box 42525 a Olympia, Washington 98504 -2525 O (360) 725 -4000
www.commerce.wa.gov
December 12, 2011
Brandon Miles
City of Tukwila
6300 Southcenter Blvd., Suite 100
Tukwila, WA 98188
Re: EECBG Contract #F11- 52110 -050, Amendment C
Dear Mr. files: 5��1,�
Enclosed is a fully executed copy of the above referenced amendment. This document should be
retained for your permanent records.
If you have any questions, you may contact me at (360) 725 -3122 or patti.miller-
crowley@commerce.wa.gov.
Sincerely,
dl ii-I I
Patti Miller- Crowley
Energy Policy Specialist
Enclosure
Y
10-058(b)
Council Approval N/A
Contract Number: F10- 52110 -050
Amendment Number: B
Washington State Department of Commerce
Energy Office (Formerly Energy Policy Division)
ARRA/Energy Efficiency Conservation Block Grant (EECBG) Smaller Cities Counties
1. Contractor
City of Tukwila
6360 Southcenter Blvd., Suite 100
Tukwila, WA 98188
2. Contractor Doing Business As (optional)
N/A
3. Contractor Representative (only if updated) 4. COMMERCE Representative (only if updated)
Unchanged Program: Patti Miller Crawley LeonaMoon Coldeen
(Unchanged) Contracts Administration Unit
PO Box 42525
Olympia, WA 98504 -2525
5. Original Agreement Amount 6. Amendment Amount 7. New Grant Amount
(and any previous amendments)
$129,500 $37,786 $167,286
8. Amendment Funding Source 9. Amendment Start Date 10. Amendment End Date
Federal: X State: Other: N /A: December 20, 2010 December 31, 2011
11. Federal Funds (as applicable): Federal Agency: CFDA Number:
$167,286.01 Department of Energy 81.128
12. Amendment Purpose:,
1) Extend the project end date from August 31, to December 31, 2011.
2) Increase the grant amount of $129,500 by $37,786 to $167,286 and revise the Attachments A, Scope of Work and
Attachment B, Budget accordingly. No match is required for the additional $37,786. The budget increase is to add
additional lighting/energy updates to various city facilities, including and possibly beyond those listed in the Amendment
A -Statement of Work.
3) Add performance measures that all construction will begin by October 15, 2011 and all invoicing for the project must
be received by Commerce by December 1, 2011.
ALL OTHER TERMS AND CONDITIONS OF THIS AGREEMENT REMAIN UNCHANGED AND IN
FULL FORCE AND EFFECT.
COMMERCE, defined as the Department of Commerce, and the Grantee acknowledge and accept the terms of this Grant As
Amended and attachments and have executed this Grant Amendment on the date below to start as of the date and year
referenced above. The rights and obligations of both parties to this Grant As Amended are governed by this Grant
Amendment and the following other documents incorporated by re e: Grant Terms and Con itions including A copy of
this Grant Amendment shall be attached to and made a part of t origi al Grant between COMM CE and the Grantee.
Any reference in the original Grant to the "Grant" shall mean a "Gr nt As Amended n 1 n
FOR CONTRACTOR FO C OMMERCE I
L -i?,� Reb cca A. Stillings, keni Mana ger
Ji ggerton, Ma ,Z Oi
p
m il I P1 R0 1 1 Date 1
Date V v
APPROVED AS TO FORM ONLY
SANDRA C. ADIX, ASSISTANT ATTORNEY GENERAL
DATE: APRIL 21, 2010
SIGNATURE ON FILE
.r
Amendment B
Attachment A
Statement of Work
CITY OF TUKWILA
ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT
SMALLER CITIES AND COUNTIES
Grant Recipient: City of Tukwila
Contact Name: Brandon Miles, Senior Planner
Contact address, bmilesi@ci.tukwila.wa.us
Amendment B Scope of Work Summary: Install energy efficient lighting/ and energy updates such as occupancy sensors
to various city facilities including and possibly beyond those listed in the Amendment A- Statement of Work, as funding
allows provided the work does not negatively impact any historic buildings (per DAHP Programmatic Agreement) and
does not create any environmental impacts that were not addressed in the Environmental checklist that the City submitted
for this project.
Mandatory Performance Measure: All EECBG funded activities must be under construction by October 15, 2011 and
completed, accepted invoiced to Commerce for reimbursement by December 1, 2011. Failure to do so may result in
forfeiture of the grant.
Attachment B
Amendment B
Budget
1PROJECT NAME:
I I I I I I I I
(Lighting Upgrades I
COMMERCE Aareement
F10- 52110 -050
No.
I EECBG
Applicant Name
(City of Tukwila I I I I
A_ ddress
(Tukwila, WA 98188 I I I
Sub recipient Point of
Contact
Salaries and Wages
Benefits
Contractual
Engineering
Goods Services
Total Direct Costs
Total All Costs I
Percentage (Total Contract)
Attn: Brandon Miles
I I
I GRANT I I
I I I
I LEVERAGE /MATCH
I
OJB
I EECBG
CITY FUNDS 1 I BPA/CPU INCENTIVE I „TOTAL,
A
I $0.001
$14,500.001 I
$0,001
I $$14,600M
B
I $0.0011
$0.001
$0 oof
$0.00
C
1 $167,286.011 1
$15,387.001
$19,017.00[,
201.,69001
D
I $0.000 1
$0.001('
$0.001
1€ ffl $OwO+D
E
I $0.001 1
$0.001 i
$0.001
1 $(1',00
I $167,286.011 1
$29,887.001 °1
$19,017.00
1 $216,190.tI
$167,286.01
$29,887.00k-
$19,017.001
216,19001:
77.38 %P 1
13.82 %1 1
8.80 %1
(TOTAL COST SHAREV (MATCH) 1 1
'$48,904
1 22,62
Contract Number: F10- 52110 -050
Amendment Number: A
Washington State Department of Commerce 10- 058(a)
Energy Office (Formerly Energy Policy Division) Council Approval N/A
ARRA /Energy Efficiency Conservation Block Grant (EECBG) Smaller Cities Counties
1. Contractor 2. Contractor Doing Business As (optional)
City of Tukwila N/A
6300 Southcenter Blvd., Suite 100
Tukwila, WA 98188
3. Contractor Representative (only if updated) 4. COMMERCE Representative (only if updated)
Unchanged Program: Patti Miller Crawley LeonaMoon Coldeen
(Unchanged) Contracts Administration Unit
PO Box 42525
Olympia, WA 98504 -2525
5. Original Agreement Amount 6. Amendment Amount 7. New Grant Amount
(and any previous amendments)
$129,500 $0.00 $129,500
8. Amendment Funding Source 9. Amendment Start Date 10. Amendment End Date
Federal: X State: Other: N /A: December 20, 2010 August 31, 2011
11. Federal Funds (as applicable): Federal Agency: CFDA Number:
129,500 Department of Energy 81.128
12. Amendment Purpose: 1) Extend the project end date from March 1, 2011 to August 31, 2011.
2) Revise a portion of Special Terms and Conditions, Section 3, Paragraph 2.
3) Revise the scope of work to contract with Washington State General Administration for project management and the
services of an ESCO (GA will contract with the ESCO for the actual work) to complete the revised scope of work, per
Attachment A, Statement of Work.
4) Revise the Project Budget Match section to make a minor reduction and allow flexibility in the sources of the required
match amount, as attached in the amended Attachment B, Project Budget.
ALL OTHER TERMS AND CONDITIONS OF THIS AGREEMENT REMAIN UNCHANGED AND IN
FULL FORCE AND EFFECT.
COMMERCE, defined as the Department of Commerce, and the Grantee acknowledge and accept the terms of this Grant As
Amended and attachments and have executed this Grant Amendment on the date below to start as of the date and year
referenced above. The rights and obligations of both parties to this Grant As Amended are governed by this Grant
Amendment and the following other documents incorporated by reference: Grant Terms and Conditions including A copy of
this Grant Amendment shall be attached to and made a part of the original Grant between COMMERCE and the Grantee.
Any reference in the original Grant to the "Grant" shall mean the ra t As Amended p
FOR CO TRACTO F )R11 MMERC I zbe_i_
p migiifii
Si uthority Reb: cca A. Stillings, Senior Manager
.J i d ci c r' 2 1U 7,o
Print Name Date
M\ A f APPROVED AS TO FORM ONLY
Title J SANDRA C. ADIX, ASSISTANT ATTORNEY GENERAL
DATE: APRIL 21, 2010
f J SIGNATURE ON FILE
Date
i l a OY4 -6i- c P�
Amendment A
Special Terms and Conditions
SECTION 3. COMPENSATION
Amendment A Revision to Section 3, Paragraph 2: 1 Original Section 3, Paragraph 2:
COMMERCE and Contractor may adjust amounts in the budget COMMERCE and Contractor may adjust amounts in the budget
categories by 10% or less of the current total approved grant categories by 10% or less without a formal contract amendment
without a formal contract amendment by written mutual by written mutual agreement by both parties....
agreement by both parties....
Amendment A
Attachment A
Page 1
Statement of Work
CITY OF TUKWILA
ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT
SMALLER CITIES AND COUNTIES
Grant Recipient: City of Tukwila
Contact Name: Brandon Miles, Senior Planner
Contact address, bmilesPci.tukwila.wa.us
Summary: Install energy efficient lighting at City Hall and the 6300 Building, and replace inefficient lighting in two
parking lots.
Mandatory Performance Measure: All EECBG funded activities must be completed, accepted invoiced to Commerce
for reimbursement by May 31, 2011. Failure to do so may result in forfeiture of the grant.
Activity /T Description 1 End Date
Deliverables
Task 1.1 City Project Administration 8/31/11
Administer and manage the project, including but not limited to: maintenance of
project records; submittal of payment vouchers, fiscal forms, and progress reports;
compliance with applicable procurement and conducting, coordinating, and
scheduling of all project activities; quality control; and submittal of required
performance items. Attending State meetings on Grant, phone calls with State and
Federal Officials and other grant related work. Staff to work with GA to select an
ESCO and work on the specific details of the lighting upgrades identified.
Legal review by City Attorney's Office Employees doing work will include PW
Analyst, Senior Planner, Facilities Supervisor, Public Works Manager, PW
Operations Manager, and Assistant City Attorney, etc. This includes salaries,
wages and benefits.
Task 1.2 1 Contract with GA for Performance Contracting 1 5/31/2011
Construction of Project Improvements by subcontractor, with oversight by ESCO.
Cost includes labor and materials; ESCO Fees, Tax, Design Fees, Energy°Audit
Fee, One year monitoring, and other construction related activities. ESCO will
submit for utility rebates from PSE and SCL. Cost also includes GA's required fee.
City Staff oversight of project.
Task 1.3 1 Preparation of Final Documents for Grant 08/31/11
City to prepare final document to submit to Department of Commerce
demonstrating that work has been completed and that all terms have been met. GA
and ESCO to assist.
Amendment A
Attachment A
Page 2
Citv Hall Enerav Upgrades
Retrofit approximately 460 fluorescent fixtures with reduced wattage lamps and ballasts.
Install approximately 16 occupancy sensors in areas of sporadic use.
Fort Dent Park Lot
Replace approximately 57 metal halide fixtures in the parking lot with new fixtures including T -5 lamps and
electronic ballasts.
Tukwila Community Center Park Lot Liahts
Replace approximately 27 metal halide fixtures in the parking lot with new fixtures including T -5 lamps and
electronic ballasts.
6300 Building Enerav Upgrades
Retrofit three fluorescent fixtures with T -8 lamps and electronic ballasts.
Replace the fluorescent fixture in the elevator with new fixture, including T -8 lamps and ballasts.
Install approximately 23 occupancy sensors in areas of sporadic use.
Replace four exit signs with LED fixtures.
Tukwila Community Center (Optional)
OPTIONAL Continaent on Bids and on receivina rebates from utility providers.
We,propose doing additional energy upgrades at the City's Community Center. The work would include all or
some of the items listed below:
Replace 26 metal halide fixtures in the gymnasium and corridor with six lamp T -8 fixtures and high output
ballasts.
Replace eight incandescent lamps and five metal halide fixtures near the rear entry with compact fluorescent.
De- commission seven metal halide fixtures near the rear entry.
The total amount of work to be completed will be determined by any remaining grant funds once the initial
scope of work is complete.
Reporting
Quarterly No later than five (5) days after each calendar quarter for the duration of the contract (January 5, April 5, July
5, and October 5)
Monthly Progress Report
Amendment A
Attachment B
BUDGET ROLLUP SUMMARY
ROLLUP
GRANT TITLE C$ a E 1 Conservation Biock G nt'x mgrs
Federal Grant Number 13E EE0000849
y
Commerce Point of Contact t _ey.
Funding Type IAI7i2A` F, X IEEC,BG°Gra 7 W IX
PROJECT NAME: Lighting Upgrades
COMMERCE Agreement No. F10- 52110 -050
Applicant Name City of Tukwila
Address Tukwila, WA 98188
Sub recipient Point of Contact Attn: Brandon Miles
I I I I I I 1 I I
1 I GRANT I I LEVERAGE /MATCH I I I
1 OJB EECBG i CITY FUNDS 1 I BPA/
CPU.INCENTIVE I Pik
ti
:TOTAL
Salaries and Wages 1 A $0.00I 1 $14,500.001 1 $0.00.1 I s 0..., $14;500 00
Benefits 1 B $0.001 $0.00` $0:00 t`T," ,nom .,;;fix `$0.00
Contractual I C $129,500.00 I iS 4 F ti,V=1
Engineering 1 D $0.001.:1 $0.00' $000 7, AM.-:: 1,
Goods Services I E $0.°01r2.,_ I $0.001 .1 $0 001 I: "x z b m ,,4 $0=00
Total Direct Costs 1 1 $129,500.001 1 $29,887.001,-,,;1 $19 0 17;001'"; t i $178 :;404. 00
1 .14:1 I 6 XI
Total All Costs 1 1 $129,500 001;"`'. $29,887.00I $19,017 001 $178,404.001
Percentage (Total Contract) 1 I 72.59"% 1 16.75 %1: :q 10.66 f m %I
1 1 ITOTAL SHARE (MATCH) I t1 $4$,904,1 .:I,' 27.44%I
Capital Agreement with
Department of Commerce
nnovation s n our nature.
Title: Tukwila Lighting Upgrades
City of Tukwila
through
The Washington State Department of Commerce
Energy Policy Division
Purpose ARRA/Energy Efficiency and Conservation Block
Grant (EECBG)/Construction
Under the American Recovery and Reinvestment Act
(ARRA) of 2009
Start date: March 01, 2010
10-058
Council Approval 2/16/10
This project/contract is funded in whole or in part by funds made
available through the American Recovery and Reinvestment Act. FIECOVERY,GOV
Washington State Department of Commerce
www.commerce.wa.aov
ARRA COM Federal Capital/EECBG Template Construction
Updated 03/24/2010
ARRA COM Federal Capital /EECBG Construction
Updated 03/24/2010
SPECIAL TERMS AND CONDITIONS
CAPITAL
FEDERAL ARRA FUNDS
1 ACKNOWLEDGEMENT OF FEDERAL FUNDING
The Contractor agrees that any publications (written, visual, or sound) but excluding press releases,
newsletters, and issue analyses, issued by the Contractor describing programs or projects funded in
whole or in part with federal funds under this contract, shall contain the following statements
Acknowledgement: This project is funded in whole or in part by funds made available
through the American Recovery and Reinvestment Act (ARRA) This funding was
awarded by the US Department of Energy through the Energy Policy Division of the
Washington State Department of Commerce under Energy Efficiency and
Conservation Block Grant No DE- EE0000849
COMMERCE, as recipients of American Recovery and Reinvestment Act (hereinafter "Act funds, is
legally obligated to meet accountability and reporting requirements under the Act. The state of
Washington or the federal funding source may also identify additional requirements or other changes
in requirements Such requirements may be in statute, regulation, policy, or procedure COMMERCE
is responsible for incorporating these requirements into the performance of this contract. Although all
requirements have not yet been identified, please expect additional reporting requirements, to
include, but not limited to, performance outcomes such as created or retained jobs
2 CONTRACT MANAGEMENT
The Contract Representative for each of the parties shall be responsible for and shall be the contact
person for all communications and billings regarding the performance of this Contract.
The Contract Representative for COMMERCE and their contact information are identified on the
Face Sheet of this Contract.
The Contract Representative for the Contractor and their contact information are identified on the
Face Sheet of this Contract.
3 COMPENSATION
COMMERCE shall pay an amount not to exceed $129.500 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 the
following terms.
COMMERCE and Contractor may adjust amounts in the budget categories by 10% or less without a
formal contract amendment by written mutual agreement by both parties Written approval shall be
through the following method 1) Written request to COMMERCE from the Contractor by email of the
proposed variation, 2) Review of the request by Commerce, and 3) Written determination
(approval /rejection) by the COMMERCE Contract Representative to the Contractor
Contractor's compensation for services rendered shall be based on the schedule set forth in
Attachment A Statement of Work and Attachment B Budget.
ARRA/EECGB Federal Funding requires USDOE approval of subcontracts and their supported
activities Construction activity cannot be initiated until all required permits are in place and
compliance with the requirements of NEPA/SEPA and Section 106 of the National Historic
Preservation Act are approved No funds shall be expended on this contract or subcontract activity
until Commerce notifies Contractor of receipt of approval from DOE. Commerce does not guarantee
or assume any obligation to reimburse costs incurred by the recipient or subcontractor for these
activities until approval is provided in writing by Commerce Upon written approval of Contractor by
Commerce, Contractor may receive reimbursement for allowable costs incurred in accordance with
the payment provisions contained in this agreement.
EXPENSES /TRAVEL as provided in Attachment B Budget
ARRA COM Federal Capital /EECBG Construction
Updated 03/24/20102010 City of Tukwila COM F10- 52110 -050 2
SPECIAL TERMS AND CONDITIONS
CAPITAL
FEDERAL ARRA FUNDS
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.
4. BILLING PROCEDURES AND PAYMENT
COMMERCE will pay Contractor upon acceptance of services provided and receipt of properly
completed invoices, which shall be submitted to the Representative for COMMERCE 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 contract reference
number F10- 52110 -050. If expenses are invoiced, provide a detailed breakdown of each type. A
receipt must accompany any single expenses in the amount of $50.00 or more in order to receive
reimbursement. Final Invoicing will not be paid until valid documentation is submitted showing that
Final Permitting Inspection is passed as applicable to the project.
Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after
receipt of properly completed invoices. Payment shall be sent to the address designated by the
Contractor.
COMMERCE may, in its sole discretion, terminate the contract or withhold payments claimed by the
Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or
condition of this contract.
No payments in advance or in anticipation of services or supplies to be provided under this contract
shall be made by COMMERCE.
Duplication of Billed Costs
The Contractor shall not bill COMMERCE for services performed under this Contract, and
COMMERCE shall not pay the Contractor, if the Contractor is entitled to payment or has been or will
be paid by any other source, including grants, for that service.
Disallowed Costs
The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its subcontractors.
Match /Final Retainaae
With each reimbursement request, Contractor shall provide valid documentation to show match
expenditures equal to or greater than the match ratio indicated in Attachment B Budget. When such
documentation is not provided with each reimbursement request, COMMERCE shall withhold 10
percent from each payment until Commerce has accepted the final report (or completion of the
project, etc.) deliverable AND valid documentation to demonstrate that Match has been applied to the
project as indicated in Attachment B Budget. In no case shall the amount withheld exceed the
match amount identified in Attachment B Budget.
5. FISCAL MANAGEMENT
Contractor shall have a budgeting, accounting, and reporting system that meets the standards of WA
State Chapter 43.88 RCW Fiscal Management and USDOE CFR Title 10 Part 600 Financial
Assistance Rules demonstrating good internal control policies, procedures and practices.
Recipients must segregate the obligations and expenditures related to funding under the Recovery
Act. Financial and accounting systems should be revised as necessary to segregate, track and
maintain these funds apart and separate from other revenue streams. No part of the funds from the
ARRA COM Federal Capital /EECBG Construction
Updated 03/24/20102010 City of Tukwila COM F10- 52110 -050 3
SPECIAL TERMS AND CONDITIONS
CAPITAL
FEDERAL ARRA FUNDS
Recovery Act shall be commingled with any other funds or used for a purpose other than that of
making payments for costs allowable for Recovery Act projects
6 MINORITY AND WOMEN OWNED BUSINESS ENTERPRISE
Contractor is encouraged to consider Minority and Women Business Enterprises (M/WBE) when
posting bids /solicitations for competitive awards and at a minimum and if available, at least one
W /MBE should be considered.
To post a solicitation at the WA State Office of Minority and Women Owned Business Enterprise
(OMWBE), contact Jean Wheat at 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
7 REPORTING
All sub recipients and their partners, contractors and /or vendors are responsible for reporting
pursuant to Section 1512 of the American Recovery and Reinvestment Act of 2009 Commerce, as a
prime recipient of Recovery Act funds, must comply with the Recovery Act's extensive reporting
requirements, including quarterly financial and programmatic reporting Commerce will require
quarterly reports from its Sub recipients in order to fulfill its obligation. The Sub recipient receiving
Recovery Act funds may expect that a standard form(s) and /or reporting mechanism will be made
available to help streamline the process The Sub recipient agrees to provide to Commerce all
reports, documentation, or other information, as may be required to meet reporting obligations under
the Recovery Act. The Sub recipient's receipt of funds is contingent on meeting the Section 1512
reporting requirements which is subject to change per USDOE
Additional instructions and guidance regarding the required reporting will be provided as they become
available For planning purposes, however, Sub recipients receiving Recovery Act funds should be
aware of the current Recovery Act section 1512(c) requirements
Sub recipient Reports Not later than five days after the end of each calendar quarter (January 5,
April 5, July 5, and October 5, etc., throughout the contract period), each sub recipient that received
recovery funds from a Federal agency shall submit a report to Commerce via email that contains
Financial data
Sub recipient (and if applicable, vendor) FTEs jobs created or retained reported as single
number; jobs directly funded by Recovery Act
Project activity milestones (based on sub recipient scope of work)
Energy savings on a per dollar invested basis
Energy saved (kwh, therms, gallons, BTUs, etc.)
Renewable energy capacity installed
Greenhouse gas emissions reduced
Funds leveraged
Data related to vendors paid more than $25,000 in a single purchase
Key metrics that will vary by project type per DOE guidance
For questions contact Meg O'Leary at (360) 725 -3121
8 SITE VISITS
COMMERCE and DOE's authorized representatives have the right to make site visits at reasonable
times to review project accomplishments and management control systems and to provide technical
assistance, if required. Grantee must provide, and must require its sub awardees to provide
reasonable access to facilities, office space, resources, and safety and convenience of the
government representatives in the performance of their duties.
ARRA COM Federal Capital /EECBG Construction
Updated 03/24/20102010 City of Tukwila COM F10- 52110 -050 4
SPECIAL TERMS AND CONDITIONS
CAPITAL
FEDERAL ARRA FUNDS
All site visits and evaluations must be performed in a manner that does not unduly interfere with or
delay the work.
9. RECORDS MAINTENANCE AND AUDITS
The parties to this contract shall each maintain books, records, documents and other evidence, which
sufficiently and properly reflect all direct and indirect costs expended by either party in the
performance of the services described herein. These records shall be subject to inspection,
reasonable access to review, or audit by personnel of both parties, other personnel duly authorized
by either party, the Office of the State Auditor, and federal officials so authorized by law. All books,
records, documents, and other 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.
10. HISTORICAL OR CULTURAL ARTIFACTS
Prior to the expenditure of Federal funds to alter any structure or site, the Contractor is required to
comply with the requirements of Section 106 of the National Historic Preservation Act (NHPA).
Section 110(k) of the NHPA applies to DOE funded activities. Recipients shall avoid taking any action
that results in an adverse effect to eligible historic properties pending compliance with Section 106.
Contractor shall provide a copy of this concurrence to Commerce. Noncompliance may result in the
revocation of funding.
11. NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) REQUIREMENTS
The Contractor is restricted from taking any action using Federal funds, which would have an adverse
effect on the environment or limit the choice of reasonable alternatives prior to DOE providing either a
NEPA clearance or a final NEPA decision regarding this project.
If you move forward with activities that are not authorized for Federal funding by the DOE Contracting
Officer in advance of the final NEPA decision, you are doing so at risk of not receiving Federal
funding and such costs may not be recognized as allowable cost share. Funding for activities or tasks
under this award is contingent upon the final NEPA determination.
12. SUBCONTRACTING
Notwithstanding the provisions of General Terms and Conditions, Section 41 SUBCONTRACTING,
of this Contract, no prior written approval is required for subcontracting of the actual construction of
the project; however, prior to subcontracting for planning activities which will be paid for with EECBG
grant funds (i.e., A &E, plans, studies, energy audits), the negotiated scope of work, schedule fees
will be submitted to Commerce for approval
Contractor shall provide a list of subcontractors to COMMERCE throughout the period of performance
of this contract including the business name, TIN and UBI number.
Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The
Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term
or condition of this Contract. The Contractor shall appropriately monitor the activities of the
Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a
subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any breach
in the performance of the Contractor's duties.
Every subcontract shall include a term that COMMERCE and the State of Washington are not liable
for claims or damages arising from a Subcontractor's performance of the subcontract.
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13 INSURANCE
Additional Provisions:
SPECIAL TERMS AND CONDITIONS
CAPITAL
FEDERAL ARRA FUNDS
The Contractor shall provide insurance coverage as set out in this section The intent of the required
insurance is to protect the State should there be any claims, suits, actions, costs, damages or
expenses arising from any loss, or negligent or intentional act or omission of the Contractor or
Subcontractor, or agents of either, while performing under the terms of this contract.
The insurance required shall be issued by an insurance company authorized to do business within
the state of Washington Except for Professional Liability or Errors and Omissions Insurance, the
insurance shall name the state of Washington, its agents, officers, and employees as additional
insureds under the insurance policy All policies shall be primary to any other valid and collectable
insurance The Contractor shall instruct the insurers to give COMMERCE thirty (30) calendar days
advance notice of any insurance cancellation, non renewal or modification
The Contractor shall submit to COMMERCE within fifteen (15) calendar days of the Contract start
date, a certificate of insurance which outlines the coverage and limits defined in this insurance
section During the term of the Contract, the Contractor shall submit renewal certificates not less than
thirty (30) calendar days prior to expiration of each policy required under this section
The Contractor shall provide insurance coverage that shall be maintained in full force and effect
during the term of this Contract, as follows.
Commercial General Liability Insurance Policy Provide a Commercial General Liability
Insurance Policy, including contractual liability, written on an occurrence basis, in adequate
quantity to protect against legal liability arising out of contract activity but no less than $1,000,000
per occurrence Additionally, the Contractor is responsible for ensuring that any Subcontractors
provide adequate insurance coverage for the activities arising out of subcontracts
Automobile Liability In the event that performance pursuant to this Contract involves the use of
vehicles, owned or operated by the Contractor or its Subcontractor, automobile liability insurance
shall be required. The minimum limit for automobile liability is $1,000,000 per occurrence, using a
Combined Single Limit for bodily injury and property damage
Professional Liability, Errors and Omissions Insurance The Contractor shall maintain
Professional Liability or Errors and Omissions Insurance The Contractor shall maintain minimum
limits of no less than $1,000,000 per occurrence to cover all activities by the Contractor and
licensed staff employed or under contract to the Contractor The state of Washington, its agents,
officers, and employees need not be named as additional insureds under this policy
Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act on behalf
of the Contractor for the purpose of receiving or depositing funds into program accounts or
issuing financial documents, checks, or other instruments of payment for program costs shall be
insured to provide protection against loss
A. The amount of fidelity coverage secured pursuant to this Contract shall be $100,000 or the
highest of planned reimbursement for the Contract period, whichever is lowest. Fidelity
insurance secured pursuant to this paragraph shall name COMMERCE as beneficiary
B. Subcontractors that receive $10,000 or more per year in funding through this Contract shall
secure fidelity insurance as noted above Fidelity insurance secured by Subcontractors
pursuant to this paragraph shall name the Contractor as beneficiary
C. The Contractor shall provide, at COMMERCE's request, copies of insurance instruments or
certifications from the insurance issuing agency The copies or certifications shall show the
insurance coverage, the designated beneficiary, who is covered, the amounts, the period of
coverage, and that COMMERCE will be provided thirty (30) days advance written notice of
cancellation
The above insurance policy shall include the following provisions
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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
not be named as additional insured under a self- insured property /liability pool, if the pool is prohibited
from naming third parties as additional insured.
Contractor shall provide annually to COMMERCE a summary of coverages and a letter of self
insurance, evidencing continued coverage under Contractor's self- insured /liability pool or self- insured
risk management program. Such annual summary of coverage and letter of self insurance will be
provided on the anniversary of the start date of this Agreement.
14. PUBLICATIONS
a. Contactor is encouraged to publish or otherwise make publicly available the results of the work
conducted under the award.
b. An acknowledgment of DOE support from Section 1 of these Special Terms and Conditions, and
the following disclaimer must appear in the publication of any material, whether copyrighted or not,
based on or developed under this project.
Disclaimer: "This report was prepared as an account of work sponsored by an agency of the United
States Government. Neither the United States 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
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herein do not necessarily state or reflect those of the United States Government or any agency
thereof
15 ORDER OF PRECEDENCE
In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving
precedence in the following order
Applicable federal and state of Washington statutes and regulations
Special Terms and Conditions
General Terms and Conditions
Attachment C Additional Provisions Under the American Recovery and Reinvestment Act of
2009, Public Law 111 -5, and the Energy Efficiency Conservation Block Grant Program
(EECBG)
Attachment A Scope of Work
Attachment B Budget
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1. DEFINITIONS
As used throughout this Contract, the following terms shall have the meaning set forth below:
A. "Authorized Representative" shall mean the Director and /or the designee authorized in writing to
act on the Director's behalf.
B. "Contractor" shall mean the entity identified on the face sheet performing service(s) under this
Contract, and shall include all employees and agents of the Contractor.
C. "COMMERCE" shall mean the Department of Commerce.
D. "Personal Information" shall mean information identifiable to any person, including, but not limited
to, information that relates to a person's name, health, finances, education, business, use or
receipt of governmental services or other activities, addresses, telephone numbers, social
security numbers, driver license numbers, other identifying numbers, and any financial identifiers.
E. "State" shall mean the state of Washington.
F. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or
part of those services under this Contract under a separate contract with the Contractor. The
terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier.
2. ADMINISTRATIVE COST ALLOCATION
Administrative costs that may be allowed are set forth in the Specific Terms and Conditions.
Administrative services shared by other programs shall be assigned to this Contract based on an
allocation plan that reflects allowable administrative costs that support services provided under each
Contract administered by the Contractor. An approved current federal indirect cost rate may be
applied up to the maximum administrative budget allowed.
3. ALLOWABLE COSTS
Costs allowable under this Contract are actual expenditures according to an approved budget up to
the maximum amount stated on the Contract Award or Amendment Face Sheet.
4. ALL WRITINGS CONTAINED HEREIN
This Contract contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to
exist or to bind any of the parties hereto.
5. AMENDMENTS
This Contract may be amended by mutual agreement of the parties. Such amendments shall not be
binding unless they are in writing and signed by personnel authorized to bind each of the parties.
6. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101 -336. ALSO REFERRED
TO AS THE "ADA" 28 CFR PART 35
The Contractor must comply with the ADA, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations, state and local
government services, and telecommunications.
7. APPROVAL
This contract shall be subject to the written approval of COMMERCE's Authorized Representative
and shall not be binding until so approved. The contract may be altered, amended, or waived only by
a written amendment executed by both parties.
8. ASSIGNMENT
Neither this Contract, nor any claim arising under this Contract, shall be transferred or assigned by
the Contractor without prior written consent of COMMERCE.
9. ATTORNEYS' FEES
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Unless expressly permitted under another provision of the Contract, in the event of litigation or other
action brought to enforce Contract terms, each party agrees to bear its own attorneys fees and costs
10 AUDIT
A. General Reauirements
Contractors are to procure audit services based on the following guidelines
The Contractor shall maintain its records and accounts so as to facilitate the audit requirement
and shall ensure that Subcontractors also maintain auditable records
The Contractor is responsible for any audit exceptions incurred by its own organization or that of
its Subcontractors
COMMERCE reserves the right to recover from the Contractor all disallowed costs resulting from
the audit.
As applicable, Contractors required to have an audit must ensure the audits are performed in
accordance with Generally Accepted Auditing Standards (GAAS), 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 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 contract numbers
Catalog of Federal Domestic Assistance (CFDA) number
Grantor contract number
Total award amount including amendments (total grant award)
Beginning balance
Current year revenues
Current year expenditures
Ending balance
Program total
If the Contractor is a state or local 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
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C. Documentation Requirements
The Contractor must send a copy of any required audit Reporting Package as described in OMB
Circular A -133, Part C, Section 320(c) no later than nine (9) months after the end of the
Contractor's fiscal year(s) to:
Department of Commerce
ATTN: Audit Review and Resolution Office
906 Columbia Street SW, Fifth Floor
PO Box 48300
Olympia WA 98504 -8300
In addition to sending a copy of the audit, when applicable, the Contractor must include:
Corrective action plan for audit findings within three (3) months of the audit being
received by COMMERCE.
Copy of the Management Letter.
11. CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR INELIGIBILITY AND
VOLUNTARY EXCLUSION PRIMARY AND LOWER TIER COVERED TRANSACTIONS,
A. Contractor, defined as the primary participant and it principals, certifies by signing these General
Terms and Conditions that to the best of its knowledge and belief that they:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency.
2. Have not within a three -year period preceding this contract, been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public or private agreement or
transaction, violation of Federal or State antitrust statutes or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false statements, tax
evasion, receiving stolen property, making false claims, or obstruction of justice;
3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (federal, state, or local) with commission of any of the offenses enumerated in
paragraph (A)(2) of this section; and
4. Have not within a three -year period preceding the signing of this contract had one or more
public transactions (federal, state, or local) terminated for cause of default.
B. Where the Contractor is unable to certify to any of the statements in this contract, the Contractor
shall attach an explanation to this contract.
C. The Contractor agrees by signing this contract that it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless authorized by COMMERCE.
D. The Contractor further agrees by signing this contract that it will include the clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier
Covered Transaction," as follows, without modification, in all lower tier covered transactions and
in all solicitations for lower tier covered transactions:
LOWER TIER COVERED TRANSACTIONS
1. The lower tier contractor certifies, by signing this contract that neither it nor its principals is
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal department or agency.
2. Where the lower tier contractor is unable to certify to any of the statements in this contract,
such contractor shall attach an explanation to this contract.
E. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction,
person, primary covered transaction, principal, and voluntarily excluded, as used in this section,
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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 (http. /ww epls gov) before determining
if a prospective contractor is considered responsible
12 CODE REQUIREMENTS
All construction and rehabilitation projects must satisfy the requirements of applicable local, state, and
federal building, mechanical, plumbing, fire, energy and barrier -free codes Compliance with the
Americans with Disabilities Act of 1990, 28 C F R. Part 35 will be required, as specified by the local
building Department.
13 CONFIDENTIALITY /SAFEGUARDING OF INFORMATION
A. "Confidential Information" as used in this section includes.
1. All material provided to the Contractor by COMMERCE that is designated as "confidential" by
COMMERCE,
2. All material produced by the Contractor that is designated as "confidential" by COMMERCE,
and
3. All personal information in the possession of the Contractor that may not be disclosed under
state or federal law "Personal information" includes but is not limited to information related to
a person's name, health, finances, education, business, use of 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 Contract and shall not use, share, transfer, sell or disclose any
Confidential Information to any third party except with the prior written consent of COMMERCE or
as may be required by law The Contractor shall take all necessary steps to assure that
Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or
disclosure of Confidential Information or violation of any state or federal laws related thereto
Upon request, the Contractor shall provide COMMERCE with its policies and procedures on
confidentiality COMMERCE may require changes to such policies and procedures as they apply
to this Contract whenever COMMERCE reasonably determines that changes are necessary to
prevent unauthorized disclosures The Contractor shall make the changes within the time period
specified by COMMERCE Upon request, the Contractor shall immediately return to
COMMERCE any Confidential Information that COMMERCE reasonably determines has not
been adequately protected by the Contractor against unauthorized disclosure
C. Unauthorized Use or Disclosure The Contractor shall notify COMMERCE within five (5) working
days of any unauthorized use or disclosure of any confidential information, and shall take
necessary steps to mitigate the harmful effects of such use or disclosure
14 CONFORMANCE
If any provision of this contract violates any statute or rule of law of the state of Washington, it is
considered modified to conform to that statute or rule of law
15 COPYRIGHT PROVISIONS
Unless otherwise provided, all Materials produced under this Contract shall be considered "works for
hire" as defined by the U S Copyright Act and shall be owned by COMMERCE. COMMERCE shall
be considered the author of such Materials In the event the Materials are not considered "works for
hire" under the U S Copyright laws, the Contractor hereby irrevocably assigns all right, title, and
interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to
COMMERCE effective from the moment of creation of such Materials
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"Materials" means all items in any format and includes, but is not limited to, data, reports, documents,
pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes,
and /or sound reproductions. "Ownership" includes the right to copyright, patent, register and the
ability to transfer these rights.
For Materials that are delivered under the Contract, but that incorporate pre- existing materials not
produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty
free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce,
distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants
and represents that the Contractor has all rights and permissions, including intellectual property
rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE.
The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of
Materials furnished under this Contract, of all known or potential invasions of privacy contained
therein and of any portion of such document which was not produced in the performance of this
Contract. The Contractor shall provide COMMERCE with prompt written notice of each notice or
claim of infringement received by the Contractor with respect to any Materials delivered under this
Contract. COMMERCE shall have the right to modify or remove any restrictive markings placed upon
the Materials by the Contractor.
16. DISALLOWED COSTS
The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its Subcontractors.
17. DISPUTES
Except as otherwise provided in this Contract, when a dispute arises between the parties and it
cannot be resolved by direct negotiation, either party may request a dispute hearing with the Director
of the COMMERCE, who may designate a neutral person to decide the dispute.
The request for a dispute hearing must:
be in writing;
state the disputed issues;
state the relative positions of the parties;
state the Contractor's name, address, and Contract number; and
be mailed to the Director and the other party's (respondent's) Contract Representative within
three (3) working days after the parties agree that they cannot resolve the dispute.
The respondent shall send a written answer to the requestor's statement to both the Director or the
Director's designee and the requestor within five (5) working days.
The Director or designee shall review the written statements and reply in 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 Contract shall be construed to limit the parties' choice of a mutually acceptable
alternate dispute resolution (ADR) method in addition to the dispute hearing procedure outlined
above.
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18 DUPLICATE PAYMENT
GENERAL TERMS AND CONDITIONS
CAPITAL
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The Contractor certifies that work to be performed under this contract does not duplicate any work to
be charged against any other contract, subcontract, or other source
19 ETHICS /CONFLICTS OF INTEREST
In performing under this Contract, the Contractor shall assure compliance with the Ethics in Public
Service Act (Chapter 42.52 RCW) and any other applicable state or federal law related to ethics or
conflicts of interest.
20 GOVERNING LAW AND VENUE
This Contract shall be construed and interpreted in accordance with the laws of the state of
Washington, and the venue of any action brought hereunder shall be in the Superior Court for
Thurston County
21 INDEMNIFICATION
To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the
state of Washington, COMMERCE, all other agencies of the state and all officers, agents and
employees of the state, from and against all claims or damages for injuries to persons or property or
death arising out of or incident to the Contractor's performance or failure to perform the Contract.
The Contractor's obligation to indemnify, defend, and hold harmless includes any claim by the
Contractor's agents, employees, representatives, or any Subcontractor or its agents, employees, or
representatives.
The Contractor's obligation to indemnify, defend, and hold harmless shall not be eliminated by any
actual or alleged concurrent negligence of the state or its agents, agencies, employees and officers
Subcontracts shall include a comprehensive indemnification clause holding harmless the Contractor,
COMMERCE, the state of Washington, its officers, employees and authorized agents
The Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify,
defend and hold harmless the state and its agencies, officers, agents or employees
22 INDEPENDENT CAPACITY OF THE CONTRACTOR
The parties intend that an independent contractor relationship will be created by this Contract. The
Contractor and its employees or agents performing under this Contract are not employees or agents
of the state of Washington or COMMERCE. The Contractor will not hold itself out as or claim to be
an officer or employee of COMMERCE or of the state of Washington by reason hereof, nor will the
Contractor make any claim of right, privilege or benefit which would accrue to such officer or
employee under law Conduct and control of the work will be solely with the Contractor
23 INDUSTRIAL INSURANCE COVERAGE
The Contractor shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance If
the Contractor fails to provide industrial insurance coverage or fails to pay premiums or penalties on
behalf of its employees as may be required by law, COMMERCE may collect from the Contractor the
full amount payable to the Industrial Insurance Accident Fund COMMERCE may deduct the amount
owed by the Contractor to the accident fund from the amount payable to the Contractor by
COMMERCE under this Contract, and transmit the deducted amount to the Department of Labor and
Industries, (L &I) Division of Insurance Services This provision does not waive any of L &I's rights to
collect from the Contractor
24 LAWS
The Contractor shall comply with all applicable laws, ordinances, codes, regulations, and policies of
local, state, and federal governments, as now or hereafter amended, including, but not limited to
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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. Environmental Protection and Review
Coastal Barrier Resources Act of 1982, 16 U.S.C. 3501 et seq.
HUD's implementing regulations at 24 CFR parts 50 or 58, as appropriate.
Lead Based Paint Poisoning Prevention Act, 42 U.S.C. 4821 -4846 also 24 CFR 982.401(j).
National Environmental Policy Act of 1969, 42 U.S.C. 4321et seq. and the Implementing
Regulations of 24 CFR 58 (HUD) and 40 CFR 1500 -1508 (Council on Environmental Quality)
Residential Lead -Based Paint Hazard Reduction Act of 1992, 42 USC 4851 -4856.
C. Flood Plains
Flood Disaster Protection Act of 1973, 42 USC 4001 -4128.
D. Labor and Safety Standards
All Rental Units Assisted with Federal Funds Must Meet the Section 8 Housing Quality Standards
(HQS) and Local Housing Code Requirements for the duration of the Affordability Period.
Convict Labor, 18 U.S.C. 751, 752, 4081, 4082.
Davis Bacon Act, 40 U.S.C. 276a- 276a -5.
Drug -Free Workplace Act of 1988, 41 USC 701 et seq.
Federal Fair Labor Standards Act, 29 U.S.C. 201 et seq.
Work Hours and Safety Act of 1962, 40 U.S.C. 327 -330 and Department of Labor Regulations, 29
CFR Part 5.
Title IV of the Lead Based Paint Poisoning Prevention Act, 42 U.S.C. 4831, 24 CFR Part 35.
E. Laws against Discrimination
Age Discrimination Act of 1975, Public Law 94 -135, 42 U.S.C. 6101 -07, 45 CFR Part 90
Nondiscrimination in Federally Assisted Programs.
Americans with Disabilities Act of 1990, Public Law 101 -336.
Equal Employment Opportunity, Executive Order 11246, as amended by Executive Order 11375
and supplemented in U.S. Department of Labor Regulations, 41 CFR Chapter 60.
Executive Order 11246, as amended by EO 11375, 11478, 12086 and 12102.
Fair Housing Act (42 U.S.C. 3601 -19) and implementing regulations at 24 CFR part 100.Section
504 of the Rehabilitation Act of 1973 and implementing regulations at 24 CFR part 8.
Fair Housing, Title VIII of the Civil Rights Act of 1968, Public Law 90 -284, 42 U.S.C. 3601 -19.
Handicapped Employees of 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.
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Minority Business Enterprise Development, Executive Order 12432, 48 FR 32551
Nondiscrimination and Equal Opportunity, 24 CFR 5 105(a)
Nondiscrimination in benefits, Title VI of the Civil Rights Act of 1964, Public Law 88 -352, 42
U S C 2002d et seq, 24 CFR Part 1
Nondiscrimination in employment, Title VII of the Civil Rights Act of 1964, Public Law 88 -352
Nondiscrimination in Federally Assisted Programs
Nondiscrimination in Federally Assisted Construction Contracts, Executive Order 11246, 42
U S C 2000e, as amended by Executive Order 11375, 41 CFR Chapter 60
Section 3, Housing and Urban Development Act of 1968, 12 USC 1701u (See 24 CFR
570 607(b))
F. Office of Management and Budget Circulars
Cost Principles for State, Local and Indian Tribal Governments, OMB Circular A -87, 2 CFR, Part
Cost Principles for Nonprofit Organizations, OMB Circular A -122 (if the Contractor is a nonprofit
organization)
Grants and Cooperative Agreements with State and Local Governments, OMB Circular A -102 (if
the Contractor is a local government or federally recognized Indian tribal government)
Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher
Education, Hospitals and Other Nonprofit Organizations, OMB Circular A -110
G. Other
Anti Kickback Act, 18 U S C 874, 40 U S C 276b, 276c; 41 U S C 51 -54
Governmental Guidance for New Restrictions on Lobbying, Interim Final Guidance, Federal
Register 1, Vol 54, No 243 \Wednesday, December 20, 1989
Hatch Political Activity Act, 5 U S C 1501 -8
Internal Revenue Service Rules, August 31, 1990
Lobbying and Disclosure, 42 USC 3537a and 3545 and 31 USC 1352 (Byrd Anti Lobbying
Amendment) 31 U S C 1352 provides that Contractors who apply or bid for an award of
$100,000 or more must file the required certification Each tier certifies to the tier above that it will
not and has not used Federal appropriated funds to pay any person or organization for influencing
or attempting to influence an officer or employee of any agency, a member of Congress, officer or
employee of Congress, or an employee of a member of Congress in connection with obtaining
any Federal contract, grant or other award covered by 31 U S C 1352 Each tier must disclose
any lobbying with non Federal funds that takes place in connection with obtaining any Federal
award Such disclosures are forwarded from tier to tier up to the recipient.
Non Supplanting
Section 8 Housing Assistance Payments Program
H. Privacy
Privacy Act of 1974, 5 U S C 552a.
I. Relocation
Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970 and
implementing regulations at 49 CFR part 24
Section 104(d) of the Housing and Community Development Act of 1974 and the implementing
regulations at 24 CRF part 570
ARRA COM Federal Capital /EECBG Template Construction
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GENERAL TERMS AND CONDITIONS
CAPITAL
FEDERAL ARRA FUNDS
Washinaton State Laws and Reaulations
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. Housing assistance program, Chapter 43.185 RCW
G. Interlocal cooperation act, Chapter 39.34 RCW.
H. Noise control, Chapter 70.107 RCW.
I. Office of minority and women's business enterprises, Chapter 39.19 RCW and Chapter 326 -02
WAC.
J. Open public meetings act, Chapter 42.30 RCW.
K. Prevailing wages on public works, Chapter 39.12 RCW.
L. Public records act, Chapter 42.56 RCW.
M. Relocation assistance real property acquisition policy, Chapter 8.26 RCW.
N. Shoreline management act of 1971, Chapter 90.58 RCW.
O. State budgeting, accounting, and reporting system, Chapter 43.88 RCW.
P. State building code, Chapter 19.27 RCW and Energy related building standards, Chapter 19.27A
RCW, and Provisions in buildings for aged and handicapped persons, Chapter 70.92 RCW.
Q. State Coastal Zone Management Program, Publication 01 -06 -003, Shorelands and
Environmental Assistance Program, Washington State Department of Ecology.
R. State environmental policy, Chapter 43.21 C RCW.
S. State Executive Order 05 -05 Archeological and Cultural Resources.
25. LICENSING. ACCREDITATION AND REGISTRATION
The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements or standards necessary for the performance of this Contract.
26. LIMITATION OF AUTHORITY
Only the Authorized Representative or Authorized Representative's designee by writing (designation
to be made prior to action) shall have the express, implied, or apparent authority to alter, amend,
modify, or waive any clause or condition of this Contract.
27. LOCAL PUBLIC TRANSPORTATION COORDINATION
Where applicable, Contractor shall participate in local public transportation forums and implement
strategies designed to ensure access to services.
28. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
During the performance of this Contract, the Contractor shall comply with all federal, state, and local
nondiscrimination laws, regulations and policies. In the event of the Contractor's non compliance or
refusal to comply with any nondiscrimination law, regulation or policy, this contract may be rescinded,
canceled or terminated in whole or in part, and the Contractor may be declared ineligible for further
contracts with COMMERCE. The Contractor shall, however, be given a reasonable time in which to
cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure
set forth herein.
ARRA COM Federal Capital /EECBG Template Construction
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GENERAL TERMS AND CONDITIONS
CAPITAL
FEDERAL ARRA FUNDS
29 NOTIFICATION OF TENANT RIGHTS /RESPONSIBILITIES
The Contractor shall provide all tenants, if any, with information outlining tenant rights and
responsibilities under the Washington State Landlord Tenant laws, Title 59, Revised Code of
Washington
The Contractor shall also provide all occupants of property acquired with U S Department of Housing
and Urban Development (HUD) funds notice regarding their eligibility for relocation assistance Such
notices will be provided as required by the Uniform Relocation Assistance and Real Property
Acquisition Act of 1970, as amended and referenced in 49 CFR part 24 and Section 104(d) of the
Housing and Community Development Act of 1974, as amended and referenced in 24 CFR 570 and
noted in HUD's Handbook No 1378 Notifications will include but not be limited to
General Information Notice
Notice of Displacement/Non Displacement
30 POLITICAL ACTIVITIES
Political activity of Contractor employees and officers are limited by the State Campaign Finances
and Lobbying provisions of Chapter 42 17 RCW and the Federal Hatch Act, 5 USC 1501 1508
No funds may be used for working for or against ballot measures or for or against the candidacy of
any person for public office
31 PREVAILING WAGE LAWS
All contractors and subcontractors performing work on a construction project funded through this
agreement shall comply with prevailing wage laws by paying the higher of state or federal prevailing
wages according to
State Prevailing Wages on Public Works, Chapter 39 12 RCW, as applicable to the Project
funded by this contract, including but not limited to the filing of the "Statement of Intent to Pay
Prevailing Wages" and "Affidavit of Wages Paid" as required by RCW 39 12 040 The Contractor
shall maintain records sufficient to evidence compliance with Chapter 39 12 RCW, and shall
make such records available for COMMERCE's review upon request; or
The Davis Bacon Act, 40 U S C 276a- 276a -5 and related federal acts provide that all laborers
and mechanics employed by contractors or subcontractors in the performance shall be paid
wages at rates not less than those prevailing on similar construction in the locality as determined
by the Secretary of Labor
32 PROCUREMENT STANDARDS FOR FEDERALLY FUNDED PROGRAMS
A Contractor which is a local 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
Contract.
A Contractor which is a nonprofit organization shall establish procurement policies in accordance with
OMB Circular A -110, Uniform Administrative Requirements for Grants and Agreements with Nonprofit
Agencies, for all purchases funded by this Contract.
The Contractor's procurement system should include at least the following
1. A code or standard of conduct that shall govern the performance of its officers, employees, or
agents engaged in the awarding of contracts using federal funds
2. Procedures that ensure all procurement transactions shall be conducted in a manner to
provide, to the maximum extent practical, open and free competition
3. Minimum procedural requirements, as follows
a. Follow a procedure to assure the avoidance of purchasing unnecessary or duplicative
items
ARRA COM Federal Capital /EECBG Template Construction
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GENERAL TERMS AND CONDITIONS
CAPITAL
FEDERAL ARRA FUNDS
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.
g. Procurement records and files for purchases shall include all of the following:
1) Contractor selection or rejection.
2) The basis for the cost or price.
3) Justification for lack of competitive bids if offers are not obtained.
h. A system for contract administration to ensure Contractor conformance with terms,
conditions and specifications of this Contract, and to ensure adequate and timely follow
up of all purchases.
4. Grantee and Subgrantees must receive prior approval from COMMERCE for using funds
from this Grant to enter into a sole source Grant or a Grant where only one bid or proposal is
received when value of this Grant is expected to exceed $5,000.
Prior approval requests shall include a copy of proposed contracts and any related
procurement documents and justification for non competitive procurement, if applicable.
33. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The funds provided under this Contract shall not be used in payment of any bonus or commission for
the purpose of obtaining approval of the application for such funds or any other approval or
concurrence under this Contract provided, however, that reasonable fees or bona fide technical
consultant, managerial, or other such services, other than actual solicitation, are not hereby
prohibited if otherwise eligible as project costs.
34. PUBLICITY
The Contractor agrees not to publish or use any advertising or publicity materials in which the state of
Washington or COMMERCE's name is mentioned, or language used from which the connection with
the state of Washington's or COMMERCE's name may reasonably be inferred or implied, without the
prior written consent of COMMERCE.
35. RECAPTURE
In the event that the Contractor fails to perform this contract in accordance with state laws, federal
laws, and /or the provisions of this contract, COMMERCE reserves the right to recapture funds in an
amount to compensate COMMERCE for the noncompliance in addition to any other remedies
available at law or in equity.
Repayment by the Contractor of funds under this recapture provision shall occur within the time
period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from
payments due under this contract.
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GENERAL TERMS AND CONDITIONS
CAPITAL
FEDERAL ARRA FUNDS
36 RECORDS MAINTENANCE
The Contractor shall maintain all books, records, documents, data and other evidence relating to this
Contract and performance of the services described herein, including but not limited to accounting
procedures and practices which sufficiently and properly reflect all direct and indirect costs of any
nature expended in the performance of this Contract. Contractor shall retain such records for a period
of six years following the date of final payment.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the records
shall be retained until all litigation, claims, or audit findings involving the records have been finally
resolved.
37 REGISTRATION WITH DEPARTMENT OF REVENUE
If required by law, the Contractor shall complete registration with the Washington State Department of
Revenue
38 RIGHT OF INSPECTION
At no additional cost all records relating to the Contractor's performance under this Contract shall be
subject at all reasonable times to inspection, review, and audit by COMMERCE, the Office of the
State Auditor, and federal and state officials so authorized by law, in order to monitor and evaluate
performance, compliance, and quality assurance under this Contract. The Contractor shall provide
access to its facilities for this purpose
39 SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Contract and prior to normal completion, COMMERCE may terminate
the Contract under the "Termination for Convenience" clause, without the ten business day notice
requirement. In lieu of termination, the Contract may be amended to reflect the new funding
limitations and conditions
40 SEVERABILITY
If any provision of this Contract or any provision of any document incorporated by reference shall be
held invalid, such invalidity shall not affect the other provisions of this Contract that can be given
effect without the invalid provision, if such remainder conforms to the requirements of law and the
fundamental purpose of this Contract and to this end the provisions of this Contract are declared to
be severable
41 SUBCONTRACTING
The Contractor may only subcontract work contemplated under this Contract if it obtains the prior
written approval of COMMERCE.
If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to
subcontracting, as well as copies of all subcontracts and records related to subcontracts For cause,
COMMERCE in writing may (a) require the Contractor to amend its subcontracting procedures as
they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or
entity; or (c) require the Contractor to rescind or amend a subcontract.
Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The
Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term
or condition of this Contract. The Contractor shall appropriately monitor the activities of the
Subcontractor to assure fiscal conditions of this Contract. In no event 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.
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GENERAL TERMS AND CONDITIONS
CAPITAL
FEDERAL ARRA FUNDS
42. SURVIVAL
The terms, conditions, and warranties contained in this Contract that by their sense and context are
intended to survive the completion of the performance, cancellation or termination of this Contract
shall so survive.
43. TAXES
All payments accrued on account of payroll taxes, unemployment contributions, the Contractor's
income or gross receipts, any other taxes, insurance or expenses for the Contractor or its staff shall
be the sole responsibility of the Contractor.
44. TERMINATION FOR CAUSE SUSPENSION
In event COMMERCE determines that the Contractor failed to comply with any term or condition of
this Contract, COMMERCE may terminate the Contract in whole or in part upon written notice to the
Contractor. Such termination shall be deemed "for cause." Termination shall take effect on the date
specified in the notice.
In the alternative, COMMERCE upon written notice may allow the Contractor a specific period of time
in which to correct the non compliance. During the corrective action time period, COMMERCE may
suspend further payment to the Contractor in whole or in part, or may restrict the Contractor's right to
perform duties under this Contract. Failure by the Contractor to take timely corrective action shall
allow COMMERCE to terminate the Contract upon written notice to the Contractor.
"Termination for Cause" shall be deemed a "Termination for Convenience" when COMMERCE
determines that the Contractor did not fail to comply with the terms of the Contract or when
COMMERCE determines the failure was not caused by the Contractor's actions or negligence.
If the Contract is terminated for cause, the Contractor shall be liable for damages as authorized by
law, including, but not limited to, any cost difference between the original contract and the
replacement contract, as well as all costs associated with entering into the replacement contract (i.e.,
competitive bidding, mailing, advertising, and staff time).
45. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days written
notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If
this Contract is so terminated, COMMERCE shall be liable only for payment required under the terms
of this Contract for services rendered or goods delivered prior to the effective date of termination.
46. TERMINATION PROCEDURES
After receipt of a notice of termination, except as otherwise directed by COMMERCE, the Contractor
shall:
A. Stop work under the Contract on the date, and to the extent specified, in the notice;
B. Place no further orders or subcontracts for materials, services, or facilities related to the Contract;
C. Assign to COMMERCE all of the rights, title, and interest of the Contractor under the orders and
subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or
pay any or all claims arising out of the termination of such orders and subcontracts. Any attempt
by the Contractor to settle such claims must have the prior written approval of COMMERCE; and
D. Preserve and transfer any materials, contract deliverables and /or COMMERCE property in the
Contractor's possession as directed by COMMERCE.
Upon termination of the Contract, COMMERCE shall pay the Contractor for any service provided by
the Contractor under the Contract prior to the date of termination. COMMERCE may withhold any
amount due as COMMERCE reasonably determines is necessary to protect COMMERCE against
potential loss or liability resulting from the termination. COMMERCE shall pay any withheld amount
to the Contractor if COMMERCE later determines that loss or liability will not occur.
ARRA COM Federal Capital /EECBG Template Construction
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GENERAL TERMS AND CONDITIONS
CAPITAL
FEDERAL ARRA FUNDS
The rights and remedies of COMMERCE under this section are in addition to any other rights and
remedies provided under this Contract or otherwise provided under law
47 WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or
breach Any waiver shall not be construed to be a modification of the terms of this Contract unless
stated to be such in writing and signed by Authorized Representative of COMMERCE.
48 WORK HOURS AND SAFETY STANDARDS
The Contract Work Hours and Safety Standards Act (40 U S C 327 333) -Where applicable, all
contracts awarded by recipients in excess of $100,000 for construction and other purposes that
involve the employment of mechanics or laborers must include a provision for compliance with
Section 102 and 107 of the Contract Work Hours Safety Standards Act (40 U S C 327 -333), as
supplemented by Department of Labor regulations (29 CFR part 5) Under Section 102 of the Act,
each subcontractor is required to compute the wages of every mechanic and laborer on the basis of a
standard work week of 40 hours Work in excess of the standard work week is permissible provided
that the worker is compensated at a rate of not less than 1 1 /2 times the basic rate of pay for all hours
worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction
work and provides that no laborer or mechanic is required to work in surroundings or under working
conditions which are unsanitary, hazardous, or dangerous These requirements do not apply to the
purchases of supplies or materials or articles ordinarily available on the open market, or contracts for
transportation or transmission of intelligence
ARRA COM Federal Capital /EECBG Template Construction
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Grant Recipient: City of Tukwila
Contact Name: Brandon Miles, Senior Planner
Contact address, bmiles((Eci.tukwila.wa.us
Summary: Install energy efficient lighting at City Hall and the 6300 Building, and replace inefficient lighting
in two parking lots.
Activity /Tasks
Deliverables
Task 1.1
Task 1.2
Statement of Work
CITY OF TUKWILA
ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT
SMALLER CITIES AND COUNTIES
Description
City Project Administration
Administer and manage the
project, including but not
limited to: maintenance of
project records; submittal of
payment vouchers, fiscal
forms, and progress reports;
compliance with applicable
procurement and conducting,
coordinating, and scheduling
of all project activities; quality
control; and submittal of
required performance items.
Attending State meetings on
Grant, phone calls with State
and Federal Officials and
other grant related work.
Legal review by City
Attorney's Office Employees
doing work will include, PW
Analyst, Senior Planner,
Facilities Supervisor, Public
Works Manager, and PW
Operations Manager,
Assistant City Attorney etc.
This includes salaries, wages
and benefits.
Bidding and Construction $10,600
Draft Bid Documents
Advertise and accept bids to
award a contract to construct
the project.
Grant Utility City Total Start Date End Date
Rebate Match Budget
Administer the awarded
contract. Including
L overseeing contractor while
ARRA COM Federal Capital /EECBG Template Construction
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(Cash /In-
Kind
$2000
$2000 1/1/10 05/30/10
$8,000 $18,600
Attachment A
1
Activity /Tasks Description Grant Utility City
Deliverables Rebate Match
(Cash /In-
Kind
Task 1.2
Task 1 3
working at City sites
(including evening and
weekend work) Quality
control of contractor work.
Employees include Facilities
Staff, Parks Staff, and Public
Works Staff Costs includes
salaries and benefits i
Construction of Project j $118,400 $46,500 $164,900 6/1/10 5/30/11
Improvements
General contractor(s) will
construct improvements
General contractor(s) will
submit required
documentation to respective
utility for City's utility rebates.
Contractor(s) shall also
provide to the City all needed
documentation for grant.
Preparation of Final $500 6/01/11 06/31/11
Documents for Grant
City to prepare final
document to submit to
Department of Commerce
demonstrating that work has
been completed and that all
terms have been met.
TOTAL $129,500 $46 500 $10,000 T $185,500
City Hall Enerav Uporades
Install 16 occupancy sensors,
Retrofit nine two -lamp, two -foot fixtures with lamps and ballasts,
Retrofit 265 two -lamp, four -foot fixtures with lamps and ballasts,
Retrofit 85 three -lamp, four -foot fixtures with lamps and ballasts,
Retrofit 36 three -lamp, four -foot fixtures (dual switch) with lamps and ballasts,
Retrofit three, four -lamp, four -foot fixtures in the jail cells with lamps and ballasts,
Retrofit 41 two -lamp, 6" u -bend fixtures with u -bend lamps and ballasts,
Retrofit 19 three -lamp 3" u -bend fixtures with kit to accept four F17T8 lamps and ballasts,
Replace 11 exit signs with LED signs
Attachment A
Total Start Date End Date
Budget
Fort Dent Park Lot
Replace 47 parking lot light fixtures that utilize metal halide with an energy efficient and effective
induction light system
ARRA COM Federal Capital /EECBG Template Construction
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Replace 21 parking lot fixtures with an induction lighting system.
Replace 42.in- ground MH100 Fixtures with 40 compact fluorescent fixtures;
Replace 26 metal halide fixtures with six -lamp, four foot fixtures. Metal guards will be added for
safety. Phillips high lumen F32T8/835 lamps will be used
Retrofit one two -lamp, four -foot fixture with lamps and ballasts;
Retrofit two one -lamp, four -foot fixtures with lamps and ballasts;
Replace the six -foot fixture in the elevator with a new four -foot fixture;
Install 23 occupancy sensors;
Replace 4 exit signs with LED signs.
Labor, Lift, Materials and Disposal
Estimated Seattle City Liaht Rebate
Estimated Total
Tukwila Community Center Park Lot Liahts
6300 Buildina Enemy Uoarades
Tukwila Community Center (Optional)
OPTIONAL Continaent on Bids
We propose doing additional energy upgrades at the City's Community Center. The work would include all or
some of the items listed above.
$24,778.20
($13.689.08)
$11,089.12.
Attachment A
It is estimated that the energy savings per year will be $4,312
The total amount of work to be completed will be determined by any remaining grant funds once the initial
scope of work is complete.
Reporting
Ouarterly No later than five (5) days after each calendar quarter for the duration of the contract (January 5,
April 5, July 5, and October 5)
Monthly Progress Report
ARRA COM Federal Capital /EECBG Template Construction
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Attachment B
Budget
EECBG Small Cities and Counties
DE-EE0000849
Tukwila Lighting Uprgades
COM Agreement #: F10-52110-050
ADDITIONAL PROVISIONS UNDER THE
AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009
Public Law 111 -5
Attachment C
1. Recovery Act Reporting Requirements; Section 1512(c) of the Recovery Act
Contractor acknowledges and agrees that the American Recovery and Reinvestment Act of 2009,
hereinafter "Recovery Act" places great emphasis on accountability and transparency in the use of
taxpayer dollars. Among other things, it creates a new Recovery Accountability and Transparency
Board and a new website Recovery.gov to provide information to the public, including access to
detailed information on grants and contracts made with Recovery Act funds.
COMMERCE, as a recipient of Recovery Act funds, must comply with the Recovery Act's extensive
reporting requirements, including quarterly financial and programmatic reporting due within 10
calendar days after the end of each calendar quarter. COMMERCE will require periodic reports from
its sub recipients in order to fulfill its reporting obligations. Grantees receiving Recovery Act funds
may expect that a standard form(s) and /or reporting mechanism will be made available at a future
date.
Contractor agrees to provide to COMMERCE all reports, documentation, or other information, as may
be required by COMMERCE to meet reporting obligations under the Recovery Act. Contractor's
receipt of funds is contingent on Contractor meeting the reporting requirements of Section 1512.
Additional instructions and guidance regarding the required reporting will be provided as they become
available. For planning purposes, however, Contractors receiving Recovery Act funds should be
aware that Recovery Act section 1512(c) provides:
Recipient Reports- Not later than 10 days after the end of each calendar quarter, each recipient
that received recovery funds from a Federal agency shall submit a report to that agency that
contains
(1) The total amount of recovery funds received from that agency;
(2) The amount of recovery funds received that were expended or obligated to projects or
activities; and
(3) A detailed list of all projects or activities for which recovery funds were expended or
obligated, including:
(a) The name of the project or activity;
(b) A description of the project or activity;
(c) An evaluation of the completion status of the project or activity;
(d) An estimate of the number of jobs created and the number of jobs retained by the project
or activity; and
(e) For infrastructure investments made by State and local governments, the purpose, total
cost, and rationale of the agency for funding the infrastructure investment with funds
made available under this Act, and name of the person to contact at the agency if there
are concerns with the infrastructure investment.
(4) Detailed information on any subcontracts or subgrants awarded by the recipient to include the
data elements required to comply with the Federal Funding Accountability and Transparency
Act of 2006 (Public Law 109 -282), allowing aggregate reporting on awards below $25,000 or
to individuals, as prescribed by the Director of the Office of Management and Budget.
2. Section 1512 of the Recovery Act: Registration with Central Contractor Registration (CCR)
Recipients of funds under the Recovery Act shall register with the Central Contractor Registration
(CCR) database at www.ccr.aov. This ensures consistent reporting of data about each entity and
thereby makes data more useful to the public. In order to register in CCR, a valid Data Universal
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Attachment C
Numbering System (DUNS) Number is required and should be inserted in Box 13 of the Face Sheet
of this Agreement.
3. Section 1602 of the Recovery Act: Preference for Quick -Start Activities (if applicable)
Section 1602 of the Recovery Act provides
In using funds made available in this Act for infrastructure investment, recipients shall give preference
to activities that can be started and completed expeditiously, including a goal of using at least 50
percent of the funds for activities that can be initiated not later than 120 days after the date of the
enactment of this Act. Recipients shall also use grant funds in a manner that maximizes job creation
and economic benefit.
4. Section 1604 of the Recovery Act: Limit on Funds
Section 1604 of the Recovery Act provides
None of the funds appropriated or otherwise made available in this Act may be used by any State or
local government, or any private entity, for any casino or other gambling establishment, aquarium,
zoo, golf course, or swimming pool
5. Required Use of American Iron, Steel, and Manufactured Goods Section 1605 of the
American Recovery and Reinvestment Act of 2009
Contractor shall comply with Section 1605 of the Recovery Act unless (1) compliance has been
waived by the Federal Agency providing the funds, or (2) compliance with the Recover y Act conflicts
with an 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
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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)(i) Any request to use foreign iron, steel, and /or manufactured goods in accordance with
paragraph (b)(3) of this term and condition shall include adequate information for Federal
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
(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.
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(ii) A request based on unreasonable cost shall include a reasonable survey of the market
and a completed cost comparison table in the format in paragraph (d) of this term and
condition
(iii) The cost of iron, steel, and /or manufactured goods material shall include all delivery costs
to the construction site and any applicable duty
(iv) Any request for a determination submitted after Recovery Act funds have been obligated
for a project for construction, alteration, maintenance, or repair shall explain why the
Contractor could not reasonably foresee the need for such determination and could not have
requested the determination before the funds were obligated
(2) If the Federal 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)
Description
Item 1
Foreign steel, iron, or
manufactured good
Domestic steel, iron, or
manufactured good
Item 2:
Foreign steel, iron, or
manufactured good
Domestic steel, iron or
manufactured good
FOREIGN AND DOMESTIC ITEMS COST COMPARISON
Unit of Measure
Attachment C
Quantity I Cost (Dollars)*
[List name, address, telephone number, email address, and contact for suppliers surveyed
[Attach copy of response, if oral, attach summary
[Include other applicable supporting information
(*Include all delivery costs to the construction site
6. Wage Rate Requirements under Section 1606 of the American Recovery and Reinvestment Act
of 2009 Davis -Bacon Act
All laborers and mechanics employed by contractors and subcontractors on projects funded directly
by or assisted in whole or in part by and through the Federal Government pursuant to the Recovery
Act, shall be paid wages at rates not less than those prevailing on projects of a character similar in
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Attachment C
the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31
of title 40, United States Code (Davis -Bacon Act). With respect to the labor standards specified in this
section, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan
numbered 14 of 1950 (64 Stat. 1267, 5 U.S.C. App.) and section 3145 of title 40 United States Code.
See U.S. Department of Labor, Wage and Hour Division website at
http: /www.dol.aov /esa /whd /contracts /dbra.htm Wage determinations can be found at
http: /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 contract may also be subject to the State's prevailing wage laws, Chapter
39.12 RCW. The Contractor is advised to consult with the Washington State Department of Labor
and Industries to determine the prevailing wages that must be paid.
7. Non supplanting of State and Local Funds (if applicable consult the program solicitation and the
special conditions in the award document)
Grantees must use federal funds to supplement existing State and local funds for program activities
and must not replace (supplant) State or local funds that they have appropriated or allocated for the
same purpose. Potential supplanting will be the subject of monitoring and audit. Violations may result
in a range of penalties, including suspension of current and future funds under this program,
suspension or debarment from federal grants, recoupment of monies provided under a grant, and civil
and /or criminal penalties. For additional guidance regarding supplanting, refer to the information
provided at htto: /www.oip. usdoi. aov/ recovery /supplantinaauidance.htm.
8. Protection of Whistleblowers
Prohibition on Reprisals: An employee of any non Federal employer receiving covered funds under
the Recovery Act may not be discharged, demoted, or otherwise discriminated against as a reprisal
for disclosing, including a disclosure made in the ordinary course of an employee's duties, to the
Accountability and Transparency Board, an inspector general, the Comptroller General, a member of
Congress, a State or Federal regulatory or law enforcement agency, a person with supervisory
authority over the employee (or other person working for the employer who has the authority to
investigate, discover or terminate misconduct,) a court or grant jury, the head of a Federal agency, or
their representatives information that the employee believes is evidence of:
Gross mismanagement of an agency contract or grant relating to covered funds;
Gross waste of covered funds;
Substantial and specific danger to public health or safety related to the implementation or use
of covered funds;
Abuse of authority related to the implementation or use of covered funds; or
Violation of law, rule, or regulation related to an agency contract (including the competition for
or negotiation of a contract) or grant, awarded or issued relating to covered funds.
Any employer receiving covered funds shall post notice of the rights and remedies provided under
this section. The recommended written notice is attached as "Know Your Rights Under the Recovery
Act
9. Waste Stream
Prior to the expenditure of Federal funds, the Contactor is required to provide documentation
demonstrating that it has prepared a waste management plan to dispose of sanitary or hazardous
waste generated by the proposed activities. Sanitary or hazardous waste includes, but is not limited
to, old light bulbs, lead ballasts, piping, roofing material, discarded equipment, debris, and asbestos.
Compliance with this clause will be complete only after the Contactor has submitted adequate
documentation to Commerce for its review, and Commerce has provided written approval to the
Recipient of its proposed plan to dispose of its sanitary or hazardous waste.
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Exhibit A
How to list ARRA jobs with the Employment Security (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.
Step 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 addres s of contractor
Title or short description of the contract
Attachment C
Report this information to ESD's ARRA Business Unit at ARRA'Zesd.wa 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.)
Step 2: List ARRA- funded lobs with ESD's WorkSource system
State agencies, contractors and sub contractors should contact the ARRA Business Unit to begin the
process of listing their ARRA funded jobs with the WorkSource system. The ARRA Business Unit may
be reached at 877 453 -5906 (toll- free), 360 138 -4849 or ARRA(aesdl.wa.s�ov.
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 jobs (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.)
Step 3: Report hiring information
After completing the hiring process, the employer should contact the WorkSource business outreach
lead to "close" the job 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.
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Attachment C
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
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Attachment C
Frequently asked questions for ARRA employers
01. What services can I get when I list jobs with WorkSource?
A. WorkSource staff screens and refers job seekers based on how well their skills
meet your job requirements. The screening is done broadly or narrowly,
depending on how many people you want to interview.
WorkSource also can help you with free job advertising, pay -rate information, tax
credits and information on employment laws and regulations. Were committed to
helping your business succeed.
02. What screening and assessment of skills does WorkSource conduct?
A. We conduct a variety of screening and assessment. Contact your local
WorkSource center to ask what assessment services are provided.
03. If the position requires a certain skill level, can WorkSource test applicants
for math and reading levels or typing speed?
A. 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.
Q4. 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.
Q6. What if WorkSource doesn't have job seekers with the skills and abilities
that match our needs?
A. WorkSource staff will look first for qualified local applicants. If no one is available,
then the search is expanded to include other areas to see if applicants are willing
to commute or relocate. During this recession, there is an unprecedented pool of
qualified applicants. Our matching system has the unique capabilities to match
skilled job seekers with available jobs.
07. Is WorkSource able to coordinate Job fairs or hiring events?
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Attachment C
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.
08. 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.
09. Can I list my job opening with other sources like temp agencies or run a
classified ad in the newspaper at the same time?
A. You may recruit as broadly as you Tike, 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 I
can interview applicants?
A. It could happen the same day if there are interested, qualified job seekers who
apply right away. Typically, it may take a few days.
Q13. What if I already have a job candidate (or a list of candidates), why do I
have to lust my jobs with WorkSource?
You can hire anyone you want, but you need to report it to us. Listing your
stimulus- funded jobs with WorkSource enables us to track how many jobs are
created and filled. We will relay the information to the governor and the federal
government, who are documenting the effects of the stimulus funding.
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Attachment C
Know Your Rights Under the Recovery Act!
Post this notice of the rights and remedies.
Did you know? The American Recovery and Reinvestment Act of 2009 iprovides
protections for certain employees of non federal employers who make specified disclosures
relating to possible fraud, waste and /or abuse or Recovery Act funds
Who is protected? Employees of non federal employers receiving recovery funds. This includes
State and local governments, contractors, subcontractors, grantees or professional membership
organizations acting in the interest of recovery fund recipients.
How are Whistleblowers Protected? You cannot be discharged, demoted or otherwise
discriminated against as a reprisal for making a protected disclosure.
What types of disclosures are protected? The disclosure must be made by the employee to
the Recovery Accountability and Transparency Board, an Inspector General, the Comptroller
General, a member of Congress, a state or federal regulatory or law enforcement agency, a person
with supervisory authority over the employee, a court or grand jury, or the head of a federal agency
or his /her representatives. The disclosure must involve information that the employee believes is
evidence of:
iSection 1553 of Division A, Title XV of the American Recovery and Reinvestment Act of 2009, P.L. 111 -5
gross mismanagement of an agency contract or grant relating to recovery funds;
a gross waste of recovery funds;
a substantial and specific danger to public health or safety related to the implementation or use of
recovery funds;
an abuse of authority related to the implementation or use of recovery funds; or
a violation of law, rule, or regulation related to an agency contract or grant awarded or issued
relating to recovery funds.
Take Action! Log on to Recovery gov for more information about your rights and details
on how to report at www.recoverv.gov.
C.
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