HomeMy WebLinkAboutUtilities 2007-10-16 Item 3A - Grant Acceptance - WA State Department of Trade and Economic Development Grant for Fort Dent/Interurban Avenue South Sewer Extension for $444,375
INFORMATION MEMO
To:
From:
Date:
Subject:
Mayor Mullet
Pt:blic W orks Directo~
October 8, 2007
State Grant for Fort Dent/Interurban Avenue South Sewer Extension
City Project No. 04-SW02
State Capital Contract Number 08-96105-052
ISSUE
Authorize the Mayor to sign a contract accepting appropriated state grant funds for the subject
project.
BACKGROUND
The Governor approved the 2007-2009 Capital Budget that includes 167 direct appropriations
for "Local and Community Projects" totaling over $165 million, that will be administered by
the Washington State Department of Trade and Economic Development (CTED). After the
budget law took effect in July, CTED notified the City of Tukwila of the appropriation of
$450,000 for this project.
ACTION TAKEN
CTED drafted the attached grant contract, in the form of State Capital Contract Number 08-
96105-052. This contract shows that Tukwila's appropriation is actually $444,375.00 after
CTED retains $5,625.00 for costs directly associated with managing this contract.
RECOMMENDATION
Approve the attached grant contract with CTED in order to received $444,375.00 in
appropriated state grant funds.
Attachment
\11uk2\vol1\pubworksIPROJECfSIA- SW Project.s\04sw02 Ft Dent ill Sewer Ext\Info Memo CTED grant Fort Dent Park ill Sewer.doc
STATE OF WASHINGTON
DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT
128 - 10th Avenue SW 0 PO Box 42525 ~ Olympia, Washington 98504-2525 0 (360) 725-4000
September 24, 2007
;0 ~ P F-:;' ~ ":\ Ii f:: ~',;
~ ~_~~~-:"~51 'iff b~g
'SEP 2 8 Z007
Mr. Bob Giberson
Acting City Engineer
City ofTukwila
6300 Southcenter Blvd, Suite 100
Tukwila, W A 98188
TUI{WiLA
PUBLIC WORI<S
Dear Mr. Giberson:
Enclosed for your review and signature are three originals of proposed Contract Number
08-96105-052 between the Department of Community, Trade and Economic Development and
the City of Tukwila The purpose of the contract is to provide your organization with funds
appropriated under the Local and Community Projects program solely and specifically for the
Fort Dent Sewer project.
Please review the contract carefully. Ifit meets with your approval, please sign and date all three
originals where indicated (the Contract Face Sheet and pages 11 through 15) and return all three
to me at your earliest convenience. We will sign them and return a fully executed original to you
for your records.
If you have any questions or need additional information, please call me at (360) 725-3021.
I can also be reached by email at emilyh@cted.wa.gov.
Sincerely,
94' . - - J f(..-li.//.. o<--..IJ'(
G.vilC-[T uU
Emily Hafford, Grants Specialist
Capital Programs
Enclosures
cc: Daniel Aarthun, Capital Programs Manager
~~'!
o
Washington State Department of Community, Trade, and Economic Development
Local Government Division
Community Development Programs Unit
Capital Programs
CONTRACT FACE SHEET
1. GRANTEE NAME /ADDRESS: 2. CONTRACT NUMBER: 3. CONTRACT AMOUNT:
City of Tukwila
6300 Southcenter Blvd, Suite 100 08 -96105 -052 $444,375.00
Tukwila, WA 98188
4. GRANTEE CONTACT PERSON, NAME/TITLE, PHONE: 5. CDBG STAFF CONTACT, NAME:
Bob Giberson Emily Hafford
(206) 431 -2457
6. DATE APPLICATION SUBMITTED: 7. CONTRACT START DATE:
N/A
9. FUNDING AUTHORITY:
Washington State Department of Community, Trade and Economic Development (hereinafter
known as the "DEPARTMENT
10. STATE AND FEDERAL "BARS" CODE: 11. CATALOG OF FEDERAL DOMESTIC ASSISTANCE (CFDA):
N/A N/A
12. SERVICE AREA: 13. COUNTIES: 14. NUMBER OF PAGES IN
(BY LEGISLATIVE DISTRICT): 11 CONTRACT DOCUMENT:
King 16
15: TIN: 16. SUBRECIPIENT OR PARTICIPATING ENTITIES:
91- 6001519
17. PURPOSE FOR AWARDED FUNDS:
Funds will be used for capital infrastructure improvements related to the Fort Dent Sewer project, located from 14900 Maule Avenue South, to the
intersection of Fort Dent Way and Interurban Avenue South. Work will include infrastructure improvements related to the construction of 2,150
linear feet of 8 -inch PVC sanitary sewer main. This will also include construction of 645 linear feet of 6 -inch ductile iron pipe force main from the
Fort Dent Way and Interurban Avenue South intersection to Lift Station #5, with associated pavement restoration and related work.
Construction began in February 1, 2007 and is expected to be completed by September 30, 2007.
The DEPARTMENT and CONTRACTOR acknowledge and accept the terms of this CONTRACT and attachments and have executed this
CONTRACT on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this CONTRACT are
govemed by this CONTRACT and the following other documents incorporated by reference, where applicable: CONTRACT Terms and Conditions
including Attachment "A" Project Budget, Attachment "B" Certification of the Availability of Funds to Complete the Project, Attachment "C" Project
Scope of Work, Attachment "D" Certification of the Payment and Reporting of Prevailing Wages, Attachment "E" Certification of Intent to Enter the
Leadership in Energy and Environmental Design (LEED) Certification Process.
FOR THE DEPARTMENT: FOR THE GRANTEE:
Marijo Olson, Acting Assistant Director
Local Government Division
DATE:
APPROVED AS TO FORM:
Assistant Attorney General
DATE: /�4 7
Steve Mullet
City of Tukwila
DATE:
Mayor
8. CONTRACT END DATE:
6/30/2011
STATE OF "V ASHINGTON
DEPARTMENT OF COMMUNITY, TRADE Al\TJ) ECONOMIC DEVELOPl\1ENT
LOCAL AND COMMUNITY PROJECTS PROGRAlVI
CAPITAL CONTRACT NUMBER 08-96105-052
THIS CONTRACT, entered into by and between the City of Tukwila (a unit oflocal government
hereinafter referred to as the CONTRACTOR), and the Washington State Department of
Community, Trade and Economic Development (hereinafter referred to as the DEPARTMENT),
WITNESSES THAT:
WHEREAS, the DEPARTMENT has the statutory authority under RCW 43.330.050 (5)
to cooperate with and provide assistance to local governments, businesses, and
community-based organizations; and
WHEREAS, the DEPARTMENT is also given the responsibility to administer state
funds and programs which are assigned to the DEPARTMENT by the Governor or the
Washington State Legislature; and
WHEREAS, the Washington State Legislature has, in Laws of2007, Chapter 520,
Section 1041, made an appropriation to support the Local and Community Projects
Program, and directed the DEPARTMENT to administer those funds; and
- ----
WHEREAS, the enabling legislation also stipulates that the CONTRACTOR is eligible
to receive funding for acquisition, construction, or rehabilitation (a venture hereinafter
referred to as the "Project").
NOW, THEREFORE, in consideration of covenants, conditions, performances, and promises
hereinafter contained, the parties hereto agree as follows:
1. FUNDING
The funds awarded to the CONTRACTOR hereunder shall be a sum up to, but not to
exceed $444,375.00. The DEPARTMENT has retained the amount of$5,625.00 for
costs directly associated with managing the completion of this contract.
1
2. SERVICE PROVISIONS
a) Funds awarded under this contract shall be used solely and specifically for capital
construction costs associated with the Fort Dent Sewer, as contemplated in Laws
of2007, Chapter 520, Section 1041.
b) The CONTRACTOR shall perform in accordance with the terms and conditions
of this contract and the following attachments which, by this reference, are made
a part of this contract:
ATTACHMENT A (Project Budget)
ATTACHMENT B (Certification of the Availability of Funds to Complete
the Project)
ATTACHMENT C (Project Scope of Work)
ATTACHMENT D (Certification of the Payment and Reporting of
Prevailing Wages)
ATTACHMENT E (Certification ofIntent to Enter the Leadership in
Energy and Environmental Design Certification Process)
3. SPECIAL CONDITION(S)
None.
4. CONTRACT PERIOD
a) The effective date of this contract shall be the date of the last signature ofthe
contracting parties.
b) Unless terminated earlier pursuant to Section 9, 12, or 28, hereof, the termination
date shall be June 30, 2011.
~
5. CERTIFICATION OF FUNDS
a) The release of state funds under this contract is contingent upon the
CONTRACTOR certifying that it has expended or has access to funds from non-
state sources as set forth in ATTACHMENT B (CERTIFICATION OF THE
AVAILABILITY OF FUNDS rO COMPLETE THE PROJECT), hereof. Such
non-state sources may consist of a combination of any of the following:
i) Eligible Proiect expenditures prior to the execution of this contract.
ii) Cash dedicated to the Project.
iii) Funds available through a letter of credit or other binding loan
commitment( s )..
iv) Pledges from foundations or corporations.
2
v) Pledges from individual donors.
vi) The value of real property when acquired solely for the purposes of this
Project, as established and evidenced by a current market value appraisal
performed by a licensed, pr:Jfessional real estate appraiser, or a current
property tax statement. The DEPARTMENT will not consider appraisals
for prospective values of such property for the purposes of calculating the
amount of non-state matching fund credit.
vii) In-kind contributions, subject to the DEPARTMENT'S approval.
b) The CONTRACTOR shall maintain records sufficient to evidence that it has
access to or has expended funds from such non-state sources, and shall make such
records available for the DEPARTMENT'S review upon reasonable request.
6. EXPENDITURES ELIGIBLE FOR REIMBURSEMENT
The CONTRACTOR may be reimbursed, at the rate set forth elsewhere in this contract,
for Project expenditures in the following cost categories:
a) Real property, and costs directly associated with such purchase, when purchased
or acquired solely for the purposes of the Project;
b) Design, engineering, architectural, and planning;
c) Construction management and observation (from external sources only);
d) Construction costs including, but not limited to, the following:
Site preparation and improvements;
Permits and fees;
Labor and materials;
Taxes on Project goods and services;
Capitalized equipment;
Information technology infrastructure; and
Landscaping.
7. REIMBURSEMENT PROVISIONS
a) Payments to the CONTRACTOR shall be made on a reimbursement basis only.
For the purposes of this contract, reimbursement shall be construed to mean costs
incurred and paid, or costs incurred and payable within thirty (30) days.
3
b) The DEPARTMENT shall reimburse the CONTRACTOR for one-hundred
percent (100%) of eligible Project expenditures, up to the maximum payable
under this contract. When requesting reimbursement for costs incurred or
expenditures made, the CONTRACTOR shall submit to the DEPARTIvIENT a .
signed and completed Invoice Voucher (Form A-I9), referencing the Project
activity performed, and any appropriate documentation. The voucher must be
certified by an official of the CONTRACTOR with authority to bind the
CONTRACTOR. The final voucher shall be submitted to the DEPARTMENT
within fifteen (15) days following the completion of work or other termination of
this contract.
c) Each request for payment must be accompanied by a Project Status Report, which
describes, in narrative form, the progress made on the Project since the last
invoice was submitted, as well as a report of Project status to date. The
DEPARTMENT will not release payment for any reimbursement request received
unless and until the Project Status Report is received.
d) After approving the Invoice Voucher and Project Status Report, the
DEPARTMENT shall promptly remit a warrant to the CONTRACTOR.
e) The CONTRACTOR shall not submit invoices more than once monthly.
8. EVALUATION AND MONITORING
a) The CONTRACTOR shall cooperate with and freely participate in any
monitoring or evaluation activities conducted by the DEPARTMENT that are
pertinent to the intent of this contract, including periodic site inspections.
b) The CONTRACTOR shall provide the DEPARTMENT with photographs, either
hard copy or electronically, which depict visually the progress made on the
Project. Such photographs shall be submitted to the DEPARTMENT at the
inception of the Project, upon 50 percent of completion, and upon completion, as
applicable.
c) The DEPARTMENT or the State Auditor and any of their representatives shall
have full access to and the right to examine during normal business hours and as
often as the DEPARTMENT or the State Auditor may deem necessary, all the
CONTRACTOR'S records with respect to all matters covered in this contract.
Such representatives shall be permitted to audit, examine, and make excerpts or
transcripts from such records and to make audits of all contracts, invoices,
materials, payrolls, and records of matters covered by this contract. Such rights
last for six (6) years from the date final payment is made hereunder.
4
9. NONDISCRIMINATION PROVISION
a) During the performance of this contract, the CONTRACTOR shall abide by all
applicable federal and state nondiscrimination laws and regulations, including,
but not limited to Chapter 49.60 RCW (Washington's Law Against
Discrimination) and 42 U.S.C. 12101 et. seq. (the Americans With Disabilities
Act [ADA]).
b) In the event of the CONTRACTOR'S noncompliance or refusal to comply with
any nondiscrimination law, regulation, or policy, this contract may be rescinded,
canceled, or terminated in whole or in part, and the CONTRACTOR may be
declared ineligible for further contracts with the DEPARTMENT. The
CONTRACTOR shall, however, be given a reasonable time in which to remedy
any such noncompliance. Any dispute may be resolved in accordance with the
"Disputes" procedure set forth in Section 23 of this contract.
10. CONTRACT MODIFICATIONS
The DEPARTMENT and the CONTRACTOR may, from time to time, desire to make
changes to this contract. Any such changes that are mutually agreed upon by the
DEPARTMENT and the CONTRACTOR shall be incorporated herein by written
amendment. It is mutually agreed and understood that, except for the budget
modifications described in Section 11 of this contract, no alteration or variation of the
terms of this contract shall be valid unless made in writing and signed by the parties
hereto, and that any oral understanding or agreements not incorporated herein shall not be
binding.
11. MODIFICATIONS TO THE PROJECT BUDGET
a) Notwithstanding any other provision ofthis contract, the CONTRACTOR may, at
its discretion, make modifications not to exceed fifteen percent (15%) of each line
item in the Project Budget (Attachment A), hereof.
b) The CONTRACTOR shall notify the DEPARTMENT in writing when making
any budget modification or modifications that would exceed fifteen percent (15%)
of any budget line item. Any such request shall require the written approval of
the DEPARTMENT, and any such modifications shall be made in writing and
signed by both parties, and attached to the Project Budget (Attachment A), hereof.
c) Nothing in this section shall be construed to permit an increase in the amount of
funds available for the Project, as set forth in Section 1 of this contract.
12. TERMINATION OF CONTRACT
a) If, through any cause, the CONTRACTOR shall fail to fulfill in a timely and
proper manner its obligations under this contract or if the CONTRACTOR shall
violate any of its covenants, agreements or stipulations of this contract, the
5
DEPARTMENT shall thereupon have the right to terminate this contract and
withhold the remaining allocation if such default or violation is not corrected
within twenty (20) days after the DEPARTMENT'S submitting written notice to
the CONTRl\CTOR describing such default or violation; Provided, that if more
than twenty (20) days are required to correct any such default or violation and the
CONTRACTOR has initiated appropriate corrective measures as reasonably
determined by the DEPARTMENT, the DEPARTMENT will not terminate this
CONTRACT for such default or violation.
b) Notwithstanding any provisions of this contract, either party may terminate this
contract by providing the other party with written notice of such termination,
specifying the effective date thereof, at least thirty (30) days prior to such date.
c) In the event this contract is terminated, the CONTRACTOR shall be reimbursed
for eligible expenses incurred prior to the effective date of such termination and
not otherwise paid for by the DEpARTMENT, as the DEPARTMENT reasonably
determines.
d) In the event funds are not reappropriated for this Project in the 2009 - 2011
biennial budget, this contract shall terminate on June 30, 2009.
13. SPECIAL PROVISION
The DEPARTMENT'S failure to insist upon the strict performance of any provision of
this contract or to exercise any right based upon a breach thereof or the acceptance of any
performance during such breach, shall not constitute a waiver of any right under this
contract.
14. HOLD HARMLESS
a) It is understood and agreed that this contract is solely for the benefit of the parties
hereto and gives no right to any other party. No joint venture or partnership is
formed as a result of this contract. Each party hereto agrees to be responsible and
assume liability for its own negligent acts or omissions, or those of its officers,
agents, or employees to the fullest extent required by law, and agrees to save,
indemnify, defend, and hold the other party harmless from any such liability. In
the case of negligence of more than one party, any damages allowed shall be
levied in proportion to the percentage of negligence attributable to each party, and
each party shall have the right to seek contribution from the other party in
proportion to the percentage of negligence attributable to the other party.
6
b) This indemnification clause shall also apply to any and all causes of action arising
out of the performance of work activities under this contract. Each contract for
services or activities utilizing funds provided in whole or in part by this contract
shall include a provision that the DEPARTMENT and the state of \Vashington are
not liable for damages or claims from damages arising from any subcontractor's
performance or activities under the terms of the contracts.
c) The CONTRACTOR shall defend, indemnifY and save the DEPARTMENT, its
officers, and employees harmless, from and against any and all claims, including
reasonable attorney fees, made by the CONTRACTOR, its subcontractors, their .
employees and subcontractors, and any other persons, relating to the payment or
reporting of prevailing wages under RCW 39.04 or RCW 39.12.
15. RECAPTURE PROVISION
In the event that the CONTRACTOR fails to expend state funds in accordance with state
law and/or the provisions of this contract, the DEPARTMENT reserves the right to
recapture state funds in an amount equivalent to the extent of noncompliance.
Repayment by the CONTRACTOR of state funds under this recapture provision shall
occur within thirty (30) days of demand. In the event that the DEPARTMENT is
required to institute proceedings to enforcf.:: this recapture provision, the DEPARTMENT
shall be entitled to its cost thereof, including reasonable attorney's fees.
16. OWNERSHIP OF PROJECT/CAPITAL FACILITIES
The DEPARTMENT makes no claim to any real property improved or constructed with
funds awarded under this contract and does not assert andwill not acquire any ownership
interest in or title to the capital facilities and/or equipment' constructed or purchased with
state funds under this contract. This provision does not extend to claims that the
DEPARTMENT may bring against the CONTRACTOR in recapturing funds expended .
in violation of this contract.
17. RELATIONSHIP BETWEEN THE PARTIES
The CONTRACTOR and its employees or agents performing under this contract are not
deemed to be employees of the DEPARTMENT nor agents of the DEPARTMENT in
any manner whatsoever, nor will they hold themselves out as nor claim to be officers or
employees of the DEPARTMENT or of the state of Washington hereof and will not make
any claim, demand, or application to or for any right or privilege applicable to an officer
or employee of the DEPARTMENT or of the state of Washington.
18. GOVERl\TJNG LAW AND VENUE
This contract shall be construed and enforced in accordance with, and the validity and
performance hereof shall be governed by, the laws of the state of Washington. Venue of
any action at law between the parties arising out of this contract shall be the superior
court of Thurston County, Washington.
7
19. SEVERABILITY
In the event any term or condition of this contract or application thereof to any person or
circumstances is held invalid, such invalidity shall not affect other terms, conditions, or
applications of this contract that can be given effect without the invalid term, condition,
or application. To this end the terms and conditions of this contract are declared
severable.
20. REDUCTION IN FU1\TDS
In the event state funds appropriated for th.e work contemplated under this contract are
withdrawn, reduced, or limited in any way by the Governor or the Washington State
Legislature during the contract period, the parties hereto shall be bound by any such
revised funding limitations as implemented at the discretion of the DEPARTMENT, and
shall meet and renegotiate the contract accordingly.
21. ENTIRE AGREEMENT
This contract and all attachments hereto contain all the terms and conditions agreed upon
by the parties. No other understandings, oral or otherwise, regarding the subject matter
of this contract and attachments shall be deemed to exist or to bind any of the parties
hereto.
22. SIGNAGE. MARKERS AND PUBLICATIONS
If, during the period covered by this contract, the CONTRACTOR displays or circulates
any communication, publication, or donor recognition identifying the financial
participants in the Project, any such communication or publication must identify "The
Taxpayers of Washington State" as a participant.
23. DISPUTES
Except as otherwise provided in this contract, when a !Jona fide dispute arises between
the parties and it cannot be resolved through discussion and negotiation, either party may
request a dispute hearing. The parties shall select a dispute resolution team to resolve the
dispute. The dispute resolution team shall consist of a representative appointed by the
DEPARTMENT, a representative appointed by the CONTRACTOR, and a third party
mutually agreed upon by both parties. The dispute resolution team shall attempt, by
majority vote, to resolve the dispute. The parties agree that this dispute process shall
precede any action in a judicial or quasi-judicial setting.
24. PREVAILING WAGE LAW
The Project funded under this contract may be subject to state prevailing wage law
(Chapter 39.12 RCW). The CONTRACTOR is advised to consult the Industrial
Statistician at the Washington Department of Labor and Industries to determine whether
prevailing wages must be paid. The DEPARTMENT is not responsible for determining
whether prevailing wage applies to this Project or for any prevailing wage payments that
may be required by law.
8
25. CHA1'l"GE OF OW}.j'ERSHIP OR USE FOR CONTRACTOR-O\VNED PROPERTY
a) The CONTRACTOR understands and agrees that any and all real property or
facilities owned by the CONTRACTOR that are acquired, constructed, or
otherwise improved by the CONTRACTOR using state funds under this contract
shall be held and used by the CONTRACTOR for the purpose or purposes stated
elsewhere in this contract for a period of at least ten (l0) years from the date the
final payment is made hereunder.
b) This provision shall not be construed to prohibit the CONTRACTOR from selling
any property or properties described in this section; Provided, that any such sale
shall be subject to prior review and approval by the DEPARTMENT, and that all
proceeds from such sale shall be applied to the purchase price of a different
facility or facilities of equal or greater value than the original facility and that any
such new facility or facilities will be used for the purpose or purposes stated
elsewhere in this contract.
c) In the event the CONTRACTOR is found to be out of compliance with this
section, the CONTRACTOR shall repay to the state general fund the principal
amount of the grant as stated in Section 1, hereof, plus interest calculated at the
rate of interest on state of Washington general obligation bonds issued most
closely to the effective date of the legislation in which the subject facility was
authorized. Repayment shall be made pursuant to Section 15 (Recapture
provision).
26. CHANGE OF USE FOR LEASED PROPERTY
a) The CONTRACTOR understands and agrees that any facility leased by the
CONTRACTOR that is constructed, renovated, or otherwise. improved using state
funds urider this contraCt shall be used by the CONTRACTOR for the purpose or
purposes stated elsewhere in this contract for a period of at least ten (10) years
from the date the final payment is made hereunder.
b) In the event the CONTRACTOR is found to be out of compliance with this
section, the CONTRACTOR shall repay to the state general fund the principal
amount of the grant as stated in Section 1, hereof, plus interest calculated at the
rate of interest on state of Washington general obligation bonds issued most
closely to the effective date of the legislation in which the subject facility was
authorized. Repayment shall be made pursuant to Section 15 (Recapture
Provision).
9
27. HISTORICAL At'll) CULTURAL ARTIFACTS
In the event that historical or cultural artifacts are discovered at the Project site during
construction, the CONTRACTOR shall immediately stop construction and notify the
local historical preservation officer and the state historical preservation officer at the
Washington State Department of ArchaeoIogy and Historic Preservation.
28. REAPPROPRIATION
a) The parties hereto understand and agree that any state funds not expended by
June 30,2009, will lapse on that date unless specifically reappropriated by the
Washington State Legislature. Iffunds are so reappropriated, the state's
obligation under the terms of this contract shall be contingent upon the terms of
such reappropriation.
b) In the event any funds awarded under this contract are reappropriated for use in a
future biennium, the DEPARTMENT reserves the right to assign a reasonable
share of any such reappropriation for administrative costs.
29. SURVIVAL
a) The terms and conditions contained in this contract that by theiJ;' sense and context
are intended to survive the termination of this contract, including Sections 14
(Hold Harmless), 15 (Recapture Provision), 18 (Governing Law and Venue), 22
(Signage, Markers and Publications), 23 (Disputes), 25 (Change of Ownership or
Use for Contractor-Owned Property) and 26 (Change of Use for Leased
Property), shall so survive.
{Rest afpage left blank intentionally}
10
30. ADMINISTRATION
a) The CONTR..A..CTOR'S representative shall be Gail Labanara.
b) The DEPARTMENT'S representative shall be Daniel Aarthun.
IN WITNESS WHEREOF, the DEPARTMENT and the CONTRACTOR have executed this
contract as of the date and year written below.
Marijo Olson, Acting Assistant Director
Local Government Division
Department of Community, Trade, and
Economic Development
Steve Mullet, Mayor
City of Tukwila
Federal Tax ID #: 91-6001519
Date:
Date:
APPROVED AS TO FORM:
c::2u~6f7~
Assistant Attorney General
Date: - 9/Z0/Cl?
/ /
11
ATTACHlVIENT A
PROJECT BUDGET
Line Item Amount
Site Acquisition $0.00
Architecture & Engineering $66,000.00
Construction $690,000.00
Capitalized Equipment $0.00
Construction Management $107,000.00
Other $0.00
Total Contracted Amount: $863,000.00
The CONTRACTOR, by its signature, certifies that the Project Budget set forth above has been
reviewed and approved by the CONTRACTOR'S governing body or board of directors, as
applicable, as of the date and year written below.
CONTRACTOR
TITLE
DATE
12
ATTACHMENT B
CERTIFICATION OF THE AVAILABILITY OF FU!'il)S
TO COlVIPLETE THE PROJECT
Non-State Funds Amount Total
King County $250,000.00
City of Tukwila $168,625.00
Total Non-State Funds $418,625.00 $418,625.00
State Funds
2007 State Capital Budget $444,375.00 $444,375.00
Total Non-State and State Sources $863,000.00
CERTIFICATION
The CONTRACTOR, by its signature, certifies that project funding from sources other than
those provided by this contract and identified above has been reviewed and approved by the
CONTRACTOR'S governing body or board of directors, as applicable, and has either been
expended for eligible Project expenses, or is committed in writing and available and will remain
committed and available solely and specifically for carrying out the purposes of this Project as
described in elsewhere in this contract, as of the date and year written below. The
CONTRACTOR shall maintain records sufficient to evidence that it has expended or has access
to the funds needed to complete the Project, and shall make such records available for the
DEPARTMENT'S review upon reasonable request.
CONTRACTOR
TITLE
DATE
13
ATTACHiVIENT C
PROJECT SCOPE OF'VORK
PROJECT SUMMARY
Funds will be used for capital infrastructure improvements related to the Fort Dent Sewer
project, located from 14900 Maule Avenue South, to the intersection of Fort Dent vVay and
Interurban Avenue South. Work will include infastructure improvements related to the
construction of 2,150 linear feet of 8-inch PVC sanitary sewer main. This will also include
construction of 645 linear feet of 6-inch ductile iron pipe force main from the Fort Dent Way and
Interurban Avenue South intersection to Lift Station #5, with associated pavement restoration
and related work.
Construction began in February 1,2007 and is expected to be completed by September 30,2007.
The CONTRACTOR, by its signature, certifies that the declaration set forth above has been
reviewed and approved by the CONTRACTOR' Sgoveming body as of the date and year written
below.
CONTRACTOR
TITLE
DATE
14
ATTACHMENTD
CERTIFICATION OF THE P A YlVIENT AND REPORTING
OF PREVAILING \V AGES
CERTIFICATION
The CONTRACTOR, by its signature, certifies that all contractors and subcontractors
performing work on the Project shall comply with prevailing wage laws set forth in Chapter
39.12 RCW, as applicable to the Project funded by this contract, including but not limited to the
filing of the "Statement of Intent to Pay Prevailing Wages" and "Affidavit of Wages Paid" as
required by RCW 39.12.040. The CONTRACTOR shall maintain records sufficient to evidence
compliance with Chapter 39.12 RCW, and shall make such records available.for the
DEPARTMENT'S review upon request.
The CONTRACTOR, by its signature, certifies that the declaration set forth above has been
reviewed and approved by the CONTRACTOR'S governing body as of the date and year written
below.
CONTRACTOR
TITLE
DATE
15
ATTACHMENT E
CERTIFICATION OF INTENT TO ENTER THE LEADERSHIP IN ENERGY Al'<l"TI
E~'VIRONIVIENTAL DESIGN (LEED) CERTIFICATION PROCESS
CERTIFICATION
The CONTRACTOR, by its signature, certifies that it will enter into the Leadership in Energy
and Environmental Design certification process, as stipulated in RCW 39.35D, as applicable to
the Project funded by this contract. The CONTRACTOR shall, upon receipt of LEED
certification by the United States Green Building Council, provide documentation of such
certification to the DEPARTMENT.
The CONTRACTOR, by its signature, certifies that the declaration set forth above has been
reviewed and approved by the CONTRACTOR'S governing body or board of directors, as
applicable, as ofthe date and year written below.
CONTRACTOR ~~
,(I ~\~v.
g<lV : rCv f; \;\
TITLE ~ [.]./~ '0.(' .
^~ 'Y~---.<, .
.'" <'~ Urf' Y
16