HomeMy WebLinkAboutCity Council Committees - Public Works Committee - 12/05/2022 Public Works Committee
• Monday, December 5, 2022
KEN T 4:00 PM
WASHINGTON
Chambers
To listen to this meeting,
call 1-888-475-4499 or 1-877-853-5257
and enter Meeting ID 829 6365 7525, Passcode: 798796
Chair Brenda Fincher
Councilmember Satwinder Kaur Councilmember Marli Larimer
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Item Description Action Speaker Time
1. Call to Order Chair
2. Roll Call Chair
3. Agenda Approval Chair
4. Business Chair
A. Approval of Minutes
Approval of November 7, YES Chair 01 MIN.
2022 Minutes
B. Department of Commerce YES Toby Hallock 10 MIN.
Grant Agreement for Quiet
Zone Improvements -
Authorize
C. INFO ONLY: Snow and Ice NO Brent Collins 15 MIN.
Preparation
D. INFO ONLY: Pollinator NO Jennifer Harrell 10 MIN.
Gardens
E. INFO ONLY: Solid Waste NO Michael Houlihan 10 MIN.
Litter Crew Update
5. Adjournment Chair
The public may submit written public comments that relate to a committee agenda item by emailing:
cityclerk@kentwa.gov by 3:30 p.m. on the day of this committee meeting. After 3:30 p.m., written
public comments may only be submitted in person by presenting them to the committee secretary at
Public Works Committee CC PW Regular Meeting December 5, 2022
the public meeting. Written public comments that do not relate to a committee agenda item are not
permitted. Written public comments are not read into the record.
Unless otherwise noted, the Public Works Committee meets at 4 p.m. on the first and third Mondays of
each month in the Kent City Hall, Council Chambers, 220 Fourth Avenue South, Kent WA 98032.
For additional information, contact Nancy Yoshitake at 253-856-5508 or email
Nyoshitake@kentwa.gov, or Cheryl Viseth at 253-856-5504, or email Cviseth@kentwa.gov.
Any person requiring a disability accommodation should contact the City Clerk's Office at 253-856-
5725 in advance. For TDD relay service call Washington Telecommunications Relay Service at 7-1-1.
Pending Approval
Public Works Committee
KENT CC PW Regular Meeting
W—...... Minutes
November 7, 2022
Date: November 7, 2022
Time: 4:00 p.m.
Place: Chambers
Members: Brenda Fincher, Committee Chair
Satwinder Kaur, Councilmember
Marli Larimer, Councilmember
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Agenda:
1. Call to Order 4:00 p.m. o
2. Roll Call o
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Attendee Name _� Title Status Arrived a
Brenda Fincher _� Committee Chair Present a
Satwinder Kaur Councilmember Present o
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Marli Larimer Councilmember Present
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3. Agenda Approval N
There were no changes to the agenda. ;
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4. Business -
A. Approval of Minutes r
Approval of Minutes dated October 3, 2022
The minutes of the October 3, 2022 Public Works Committee meeting were
approved without changes. c
MOTION: Move to approve the Minutes dated October 3, 2022 L)
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RESULT: APPROVED [UNANIMOUS]
MOVER: Marli Larimer, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Fincher, Kaur, Larimer
B. 2023 Water Treatment Chemical Supply Goods & Services Agreement
with Northstar Chemical, Inc - Authorize
Water System Manager Sean Bauer noted that the City advertises for water
treatment supply chemicals annually. The purpose of water treatment is to
meet state and federal regulations.
Sodium hydroxide is used in the water system as a pH adjustment for
corrosion control and sodium hypochlorite is used to disinfect the water
supply and protect it from bacterial contamination. Bauer noted that
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Public Works Committee CC PW Regular Meeting November 7, 2022
Minutes Kent, Washington
Northstar Chemical, Inc will be providing the necessary chemicals.
MOTION: I move to authorize the Mayor to sign the 2023 Water
Treatment Chemical Supply Agreement with Northstar Chemical, Inc.
for water treatment supply chemicals, in an amount not to exceed
$217,520, subject to final terms and conditions acceptable to the City
Attorney and Public Works Director.
RESULT: MOTION PASSES [UNANIMOUS] Next: 11/15/2022 7:00 PM
MOVER: Satwinder Kaur, Councilmember
SECONDER: Marli Larimer, Councilmember
AYES: Fincher, Kaur, Larimer
C. King County Flood Control District - Cooperative Watershed -
Management Grant - Authorize
Parks Maintenance Worker 4 Margaret Wagner and Environmental Supervisor a
Rowena Valencia Gica gave a brief presentation on a grant that covers two a
separate projects: $200,000 for Public Works' Lower Russell Habitat Area A,
and $89,941 for Parks' Mill Creek Canyon Riparian Revegetation. a
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The Lower Russell Habitat Area A project involves the excavation of a new
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off-channel habitat area and installation of large woody structures that will c
provide rearing and refuge habitat for juvenile Chinook salmon. This project N
is associated with the Lower Russell Levee Setback project--part of the o
overall flood management strategy for the lower Green River. z
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The City of Kent will use the Cooperative Watershed Management funding to a
conduct an alternatives analysis, wetland design, hydrogeological study, _
archaeological survey, geotechnical analysis, stakeholder coordination, refine
the 60% preliminary design, prepare a maintenance, monitoring, and
adaptive management plan, and prepare permit documents to construct
Habitat Area A. �-
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Mill Creek Canyon Riparian Revegetation will involve invasive weeds removal y
and subsequent replanting of the riparian corridor along Mill Creek at Mill
Creek Canyon Park and Earthworks Park. In 2020, the City began a major
cleanup and nature trail maintenance project through the Mill Creek Canyon
Park stream corridor. This project will expand this effort by conducting
riparian enhancement along 3,000 feet of Mill Creek. This work will increase
community engagement, environmental education, nature trail usage, and
participation in hands on volunteer events.
MOTION: I move to authorize the Mayor to sign the King County
Cooperative Watershed Management Grant Agreement, in the
amount of $289,941, subject to final terms and conditions acceptable
to the Public Works and Parks Directors and City Attorney.
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Public Works Committee CC PW Regular Meeting November 7, 2022
Minutes Kent, Washington
RESULT: MOTION PASSES [UNANIMOUS] Next: 11/15/2022 7:00 PM
MOVER: Marli Larimer, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Fincher, Kaur, Larimer
D. Compost Procurement Ordinance - Adopt
Conservation Coordinator Tony Donati noted that in 2022, the state passed
House Bill 1799 requiring cities to adopt a compost procurement ordinance
by January 1, 2023. The purpose of this requirement is to help support the N
economic viability of processes that turn organic materials into finished
products, such as compost, by encouraging cities to procure more compost
for various projects such as landscaping, construction soil amendments,
erosion prevention projects, and low-impact development. °
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The creation of compost is important because it diverts organic materials out a
of landfills. In addition to reducing the number of materials entering our a
landfill, processing organic material into compost, and applying it to land
improves soil health and reduces greenhouse gas emissions. a
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The bill also requires cities to educate residents about the value of compost N
and report its compost procurement activities to the Department of Ecology o
every other year beginning December 2024. Donati noted that there is no
funding provided for this bill. o
MOTION: I move to adopt Ordinance No. 4452, amending Chapter -
3.70 of the Kent City Code to add a new Section 3.70.055 entitled
"Procurement of Compost" to comply with a new state law requiring
the City to plan for the use of compost in its projects.
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RESULT: MOTION PASSES [UNANIMOUS] Next: 11/15/2022 7:00 PM
MOVER: Satwinder Kaur, Councilmember Q.
SECONDER: Marli Larimer, Councilmember
AYES: Fincher, Kaur, Larimer Q
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E. 2022 Asphalt Overlays Traffic Calming Change Order - Authorize
Public Works Director Chad Bieren noted that the 2022 Asphalt Overlays
project was awarded by Council to Lakeside Industries, Inc. on May 3, 2022.
Work began shortly thereafter, and the majority of the project improvements
are complete. In the months following award of the contract, Transportation
Engineering staff worked with neighborhood groups to identify traffic calming
measures where speeding and cut through traffic were determined to be a
livability issue, and where issues could be ameliorated with improvements,
such as speed bumps and raised crosswalks.
Bieren stated that in order to complete the work as quickly as possible, which
will provide relief to affected neighborhoods sooner rather than later, and
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Public Works Committee CC PW Regular Meeting November 7, 2022
Minutes Kent, Washington
because the traffic calming measures are similar work to the existing
contract, it was determined that change orders to Lakeside Industries'
contract would be the most efficient path forward. The additional work will
require a contract amendment that would exceed the Mayor's authority for
approval, staff is seeking Committee concurrence and Council authorization
before moving ahead.
MOTION: I move to authorize payment of additional costs in excess
of the Mayor's authority for the contract with Lakeside Industries,
Inc., to complete the 2022 Asphalt Overlays, including additional
traffic calming measures, subject to final terms and conditions a
acceptable to the Public Works Director and City Attorney.
RESULT: MOTION PASSES [UNANIMOUS] Next: 11/15/2022 7:00 PM o
MOVER: Marli Larimer, Councilmember >
SECONDER: Satwinder Kaur, Councilmember a
AYES: Fincher, Kaur, Larimer
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F. INFORMATION ONLY: Sub-Regional Opportunity Fund a
Design Engineer Melissa Dahl noted that the King County Flood Control o
District (District) collects an annual levy from properties within King County.
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Through the District's Sub-Regional Opportunity Fund, ten percent of the levy c
collected within each jurisdiction is granted back to the jurisdiction to be N
used for stormwater or habitat projects with a flood-related nexus. o
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The expected annual reimbursement for the City is $224,790. The City has o
applied to use these funds for designing and constructing improved storm a
drainage along the south side of James Street near Mill Creek. This project =
will help reduce the amount of time floodwater is over James Street enabling
eastbound lanes of traffic to be reopened more quickly following flood events.
5. Adjournment 4:38 p.m. 2
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Che4lyb vi a
Committee Secretary
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Page 4 of 4 Packet Pg. 6
4.6
PUBLIC WORKS COMMITTEE
Chad Bieren, P.E.
220 Fourth Avenue South
KENT Kent, WA 98032
WASHINGTON 253-856-5500
DATE: December 5, 2022
TO: Public Works Committee
SUBJECT: Department of Commerce Grant Agreement for Quiet Zone
Improvements - Authorize
MOTION: I move to approve the grant agreement with the Washington State
Department of Commerce and accept funds from the DOC in the amount of
$2,950,000 and authorize the Mayor to sign all necessary documents, subject to
final agreement terms and conditions acceptable to the City Attorney and Public
Works Director.
SUMMARY: This project includes work related to railway-highway grade crossing
improvements to support future railroad Quiet Zones and grade crossing safety
improvements at up to thirteen railroad crossings in Kent, WA in addition to filling
in security fencing gaps at select locations along the BNSF alignment between S.
212t" St. and S. 259t" St.
State appropriation for $2,950,000 for fiscal year 2023 is provided solely for a grant
to the City of Kent for operational improvements and other actions to improve
safety and reduce train noise, with the goal of increasing quality of life and
facilitating transit-oriented living in downtown Kent. All expenditures must be
incurred prior to June 30, 2023 to be eligible for this funding.
BUDGET IMPACT: This project will utilize the $2.95M appropriation by WA
Department of Commerce, with any additional project expenditures after June 30,
2023 paid for out of the City's Quiet Zone project budget. No additional budget
impacts are expected.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
Packet Pg. 7
4.B
ATTACHMENTS:
1. Draft Agreement (PDF)
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4.B.a
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TABLE OF CONTENTS
FACESHEET................................................................................................................................................1
DECLARATIONS ..........................................................................................................................................2
ADDITIONAL RECITALS..............................................................................................................................2
SPECIAL TERMS AND CONDITIONS.........................................................................................................4
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1. GRANT MANAGEMENT...................................................................................................................4
2. COMPENSATION .............................................................................................................................4
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3. CERTIFICATION OF FUNDS PERFORMANCE MEASURES.........................................................4 E
4. PREVAILING WAGE LAW................................................................................................................5
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5. DOCUMENTATION AND SECURITY ..............................................................................................5 0
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6. BASIS FOR ESTABLISHING REAL PROPERTY VALUES FOR ACQUISITIONS OF REAL a�
PROPERTY PERFORMANCE MEASURES............................................................................................5
7. EXPENDITURES ELIGIBLE FOR REIMBURSEMENT....................................................................6 `0
8. BILLING PROCEDURES AND PAYMENT.......................................................................................6 c
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9. SUBCONTRACTOR DATA COLLECTION.......................................................................................7 E
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10. CERTIFIED PROJECT COMPLETION REPORT AND FINAL PAYMENT......................................7
11. INSURANCE.....................................................................................................................................7
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12. ORDER OF PRECEDENCE.............................................................................................................9
13. REDUCTION IN FUNDS...................................................................................................................9
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14. OWNERSHIP OF PROJECT/CAPITAL FACILITIES......................................................................10 E
15. CHANGE OF OWNERSHIP OR USE FOR GRANTEE-OWNED PROPERTY .............................10 E
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16. CHANGE OF USE FOR LEASED PROPERTY PERFORMANCE MEASURE .............................10 V
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17. SIGNAGE, MARKERS AND PUBLICATIONS................................................................................10 c
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18. HISTORICAL AND CULTURAL ARTIFACTS.................................................................................10 E
19. REAPPROPRIATION......................................................................................................................11 m
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20. TERMINATION FOR FRAUD OR MISREPRESENTATION ..........................................................11 0
21. APPLICABILITY OF COPYRIGHT PROVISIONS TO ARCHITECTURAL/ENGINEERING DESIGN w
WORK.....................................................................................................................................................12 M
22. FRAUD AND OTHER LOSS REPORTING ....................................................................................12
23. PUBLIC RECORDS ACT................................................................................................................12 E
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GENERAL TERMS AND CONDITIONS.....................................................................................................13
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24. DEFINITIONS..................................................................................................................................13 Q
25. ACCESS TO DATA.........................................................................................................................13 L
26. ADVANCE PAYMENTS PROHIBITED...........................................................................................13 r
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27. ALL WRITINGS CONTAINED HEREIN..........................................................................................13
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28. AMENDMENTS...............................................................................................................................13
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29. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, ALSO Q
REFERRED TO AS THE "ADA" 28 CFR PART 35................................................................................14
30. ASSIGNMENT.................................................................................................................................14
31. ATTORNEYS' FEES.......................................................................................................................14
32. AUDIT..............................................................................................................................................14
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33. BREACHES OF OTHER STATE CONTRACTS.............................................................................15
34. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION..........................................................15
35. CONFLICT OF INTEREST .............................................................................................................15
36. COPYRIGHT PROVISIONS ...........................................................................................................16
37. DISPUTES ......................................................................................................................................16 N
38. DUPLICATE PAYMENT..................................................................................................................17
39. GOVERNING LAW AND VENUE ...................................................................................................17 m
40. INDEMNIFICATION ........................................................................................................................17
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41. INDEPENDENT CAPACITY OF THE GRANTEE...........................................................................17 E
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42. INDUSTRIAL INSURANCE COVERAGE.......................................................................................18 0
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43. LAWS..............................................................................................................................................18 r
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44. LICENSING, ACCREDITATION AND REGISTRATION.................................................................18
45. LIMITATION OF AUTHORITY........................................................................................................18 0
46. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS............................................................18 c
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47. PAY EQUITY...................................................................................................................................18 E
48. POLITICAL ACTIVITIES .................................................................................................................19
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49. PUBLICITY......................................................................................................................................19 w,
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50. RECAPTURE..................................................................................................................................19 `L°
51. RECORDS MAINTENANCE...........................................................................................................19 aD
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52. REGISTRATION WITH DEPARTMENT OF REVENUE.................................................................19 E
53. RIGHT OF INSPECTION................................................................................................................19 E
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54. SAVINGS ........................................................................................................................................19 v
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55. SEVERABILITY...............................................................................................................................20
56. SITE SECURITY.............................................................................................................................20 E
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57. SUBGRANTING/SUBCONTRACTING...........................................................................................20 m
58. SURVIVAL.......................................................................................................................................20 0
59. TAXES.............................................................................................................................................20 w
60. TERMINATION FOR CAUSE .........................................................................................................20
61. TERMINATION FOR CONVENIENCE ...........................................................................................21 c
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62. TERMINATION PROCEDURES.....................................................................................................21 E
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63. TREATMENT OF ASSETS.............................................................................................................22
64. WAIVER..........................................................................................................................................22
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ATTACHMENT A- SCOPE OF WORK......................................................................................................23
ATTACHMENT B - CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE
PROJECT....................................................................................................................................................25
ATTACHMENT C- CERTIFICATION OF THE PAYMENT AND REPORTING OF PREVAILING WAGES
....................................................................................................................................................................27 r
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ATTACHMENT D - CERTIFICATION OF INTENT TO ENTER THE LEADERSHIP IN ENERGY AND
ENVIRONMENTAL DESIGN (LEED) CERTIFICATION PROCESS..........................................................29
Packet Pg. 12
4.B.a
FACE SHEET
Grant Number: [[ContractNumbi
Project Name: [[ProjectNarr
Washington State Department of Commerce
Local Government Division
Community Assistance and Research Unit
1. GRANTEE 2. GRANTEE Doing Business As (optional)
[[COMVendorName]] [[DBAName]] or[[VendorDBAName]]
[[MailingAddressLine1]] <Insert DBA mailing address> E
[[MailingAddressLine2]] <Insert DBA physical address> >
[[MaiIingAddressCity]], [[MaiIingAddressState]] <Insert DBA location> a
[[MaiIingAddressZip]] E
3. GRANTEE Representative 4. COMMERCE Representative
[[VendorContact]] [[VendorContactTitle]] [[CommerceManagerName]], Grant Manager N
[[VendorContactPhoneNumber]] PO Box 42525, Olympia, WA 98504 Y
[[VendorContactEmail]] [[CommerceManagerPhone]] 3
CommerceMana erEmail Cl
5. Grant Amount 6. Funding Source 7. Start Date 8. End Date ,o
[[OriginalContractA Federal: State:X Other: N/A: [[StartDate]] June 30, 2025,
mount]] contingent on reappropriation;
June 30, 2023 if funds are not
reap ro riated. a,
9. Federal Funds (as applicable) Federal Agency CFDA Number Q
N/A N/A N/A
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10. Tax ID# 11. SWV# 12. UBI# 13. DUNS# (�
[[ContractorTaxlD]] [[ContractorNumber]] [[ContractorUBINum]] [[ContractorDUNSNum]] L
14. Grant Purpose E
The purpose of this performance-based Grant Agreement is to provide funding for a legislatively approved project that o
furthers the goals and objectives of<INSERT PROGRAM_NAME> Program as described in Attachment A—Scope of v
Work (the "Project'). o
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COMMERCE, defined as the Washington State Department of Commerce, and the GRANTEE, as defined above,
acknowledge and accept the terms of this Grant and attachments and have executed this Grant on the date below to start
as of the date and year referenced above. The rights and obligations of both parties to this Grant are governed by this a
Grant and the following other documents incorporated by reference: Grant Terms and Conditions including Attachment p
"A"—Scope of Work, Attachment"B"—Certification of Availability of Funds to Complete the Project, Attachment"C"—
Certification of the Payment and Reporting of Prevailing Wages, Attachment"D"—Certification of Intent to Enter LEED M
Process.
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FOR GRANTEE FOR COMMERCE
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Signature Mark K. Barkley, Assistant Director
Local Government Division L
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Print Name
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Date E
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Title APPROVED AS TO FORM r
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Date Steve Scheele, Assistant Attorney General
6/15/2022
Date
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4.B.a
DECLARATIONS
GRANTEE INFORMATION
GRANTEE Name: [[COMVendorName]]
Grant Number: [[ContractNumber]]
State Wide Vendor Number: [[ContractorNumber]] E
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PROJECT INFORMATION
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Project Name: [[ProjectName]]
Project City: [[MailingAddressCity]]
Project State: Washington N
Project Zip Code: [[MailingAddressZip]] CY
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GRANT AGREEMENT INFORMATION
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Grant Amount: [[OriginalContractAmount]]
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Appropriation Number: <Insert Appr. #> E
i.e SSB 5651 SL Section 1026 (2022 Regular
Session) Q
SHB 1080 SL Section 1075 (2021 Regular Session)
ESSB 6248 SL Section 1013(2020 Regular Session)
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Re-appropriation Number(if applicable): <Insert Appr. #> (i.e SHB 1080 SL Section 1076
(2021 Regular Session) or N/A
Grant End Date: June 30, 2025, contingent on reappropriation; E
June 30, 2023, if funds are not reappropriated. o
Biennium: 2021-2023 v
Biennium Close Date: June 30, 2023 0
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PROJECT PURPOSE E
[[INSERT project purpose (brief summary]]
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ADDITIONAL SPECIAL TERMS AND CONDITIONS GOVERNING THIS AGREEMENT c
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Grant End Date: In the event funds for the project are reappropriated, the contract end date will be
extended pursuant to the reappropriation and consistent with Special Term and Condition 19. Depending
on the reappropriation, a contract amendment may be required.
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<Insert additional special terms and conditions>
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ADDITIONAL RECITALS
<Insert additional recitals providing context for the project as applicable> ;°
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(USE IF APPLICABLE)WHEREAS, the GRANTEE previously received funding for<<previous grant
activities relating to current project>> and COMMERCE administered the funding through Commerce E
Grant Number(s) <<insert grant number(s)>>.
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(USE IF APPLICABLE)Additionally, the GRANTEE has received an appropriation for<<grant activities Q
relating to current project>> in <<Laws_of>>, <<Section_Number>>, which has not yet been
administered.
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4.B.a
(USE OF APPLICABLE)Whereas, the Project is one component of a larger multiphase project, which will
result in <<insert larger project outcome>>.
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AAG Approved -CAR DA GRANT AGREEMENT—VER 3
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4.B.a
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
THIS GRANT AGREEMENT, entered into by and between the GRANTEE and COMMERCE, as defined
on the Face Sheet of this Grant Agreement, WITNESSES THAT:
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WHEREAS, COMMERCE has the statutory authority under RCW 43.330.050 (5)to cooperate o
with and provide assistance to local governments, businesses, and community-based a
organizations; and E
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WHEREAS, COMMERCE is also given the responsibility to administer state funds and programs o
which are assigned to COMMERCE by the Governor or the Washington State Legislature; and N
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WHEREAS, the Washington State Legislature has made an appropriation to support the CY
<INSERT PROGRAM_NAME> Program, and directed COMMERCE to administer those funds; `o
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WHEREAS, the enabling legislation also stipulates that the GRANTEE is eligible to receive aEi
funding for design, acquisition, construction, or rehabilitation.
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NOW, THEREFORE, in consideration of covenants, conditions, performances, and promises hereinafter
contained, the parties hereto agree as follows:
1. GRANT MANAGEMENT
The 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 Grant.
The Representative for COMMERCE and their contact information are identified on the Face o
Sheet of this Grant. v
The Representative for the GRANTEE and their contact information are identified on the Face
Sheet of this Grant.
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2. COMPENSATION
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COMMERCE shall pay an amount not to exceed the awarded Grant Amount as shown on the Face
Sheet of this Grant Agreement, for the capital costs necessary for or incidental to the performance of
work as set forth in the Scope of Work. c
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3. CERTIFICATION OF FUNDS PERFORMANCE MEASURES
A. The release of state funds under this Grant Agreement is contingent upon the GRANTEE
certifying that it has expended or has access to funds from non-state sources as set forth in
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ATTACHMENT B (CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE
PROJECT), hereof. Such non-state sources may consist of a combination of any of the following: a,
i) Eligible Project expenditures prior to the execution of this Grant Agreement. Q
ii) Cash dedicated to the Project.
iii) Funds available through a letter of credit or other binding loan commitment(s). p`
iv) Pledges from foundations or corporations.
v) Pledges from individual donors.
vi) The value of real property when acquired solely for the purposes of this Project, as E
established and evidenced by a current market value appraisal performed by a licensed,
professional real estate appraiser, or a current property tax statement. COMMERCE will Q
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 COMMERCE'S approval.
AAG Approved -CAR DA GRANT AGREEMENT—VER 3
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4.B.a
B. The GRANTEE 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
COMMERCE's review upon reasonable request.
4. PREVAILING WAGE LAW
The Project funded under this Grant may be subject to state prevailing wage law(Chapter 39.12
RCW). The GRANTEE is advised to consult the Industrial Statistician at the Washington Department E
of Labor and Industries to determine whether prevailing wages must be paid. COMMERCE is not
responsible for determining whether prevailing wage applies to this Project or for any prevailing wage
payments that may be required by law. Q'
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5. DOCUMENTATION AND SECURITY
The provisions of this section shall apply to capital projects performed by nonprofit organizations and N
public benefit corporations that involve the expenditure of over[[ (SELECT AMOUNT) $250,000 or a�
$500,000]] in state funds. Additionally, Commerce reserves the right to review all state-funded '
projects and to require that projects performed by other entity types comply with this section. Projects o
for which the grant award or legislative intent documents specify that the state funding is to be used
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for design only are exempt from this section.
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A. Deed of Trust. This Grant shall be evidenced by a promissory note and secured by a deed of E
trust or other appropriate security instrument in favor of COMMERCE (the "Deed of Trust"). The
Deed of Trust shall be recorded in the County where the Project is located, and the original Q
returned to COMMERCE after recordation within ninety(90) days of Grant Agreement execution.
The Deed of Trust must be recorded before COMMERCE will reimburse the GRANTEE for any
Project costs. The amount secured by the Deed of Trust shall be the amount of the Grant as set
forth on the Face Sheet, hereof.
B. Term of Deed of Trust. The Deed of Trust shall remain in full force and effect for a minimum
period of ten (10) years following the later of: (1)final payment of state funds to the GRANTEE E
under this grant; or(2)the date when the facility improved or acquired with grant funds, or a E
distinct phase of the project, is made useable to the public for the purpose intended by the v
Legislature. Upon satisfaction of the ten-year term requirement and all other grant terms and o
conditions, COMMERCE shall, upon written request of the GRANTEE, take appropriate action to
reconvey the Deed of Trust. E
C. Title Insurance. The GRANTEE shall purchase an extended coverage lender's policy of title
insurance insuring the lien position of the Deed of Trust in an amount not less than the amount of
the grant. o
D. Covenant. If the project will be partially funded by a loan and the term of said loan is less than the c
commitment period under this grant contract, COMMERCE may require that GRANTEE record or M
cause to be recorded a covenant in a superior lien position ahead of the lender's security
instrument that restricts use of the facility or property for the purpose(s)stated elsewhere in this
contract for at least the term of the commitment period
E. Subordination. COMMERCE may agree to subordinate its deed of trust upon request from a
private or public lender. Any such request shall be submitted to COMMERCE in writing, and
COMMERCE shall respond to the request in writing within thirty(30) days of receiving the Q
request.
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6. BASIS FOR ESTABLISHING REAL PROPERTY VALUES FOR ACQUISITIONS OF REAL
PROPERTY PERFORMANCE MEASURES
When all or part of the grant is used to fund the acquisition of real property, before funds are E
disbursed, the GRANTEE shall procure and provide to COMMERCE evidence establishing the
value of the real property eligible for reimbursement: r
A. GRANTEE purchases of real property from an independent third-party seller shall be Q
evidenced by a current appraisal prepared by a licensed Washington State commercial real
estate appraiser, or a current property tax statement.
B. GRANTEE purchases of real property from a subsidiary organization, such as an affiliated
LLC, shall be evidenced by a current appraisal prepared by a licensed Washington State
AAG Approved -CAR DA GRANT AGREEMENT—VER 3
Packet Pg. 17
4.B.a
commercial real estate appraiser or the prior purchase price of the property plus holding
costs, whichever is less.
7. EXPENDITURES ELIGIBLE FOR REIMBURSEMENT
Payments to the Grantee shall be made on a reimbursement basis only. The GRANTEE may be
reimbursed for the following eligible costs related to the activities identified in the SCOPE OF WORK
shown on Attachment A. E
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A. Real property, and costs directly associated with such purchase, when purchased or acquired °
solely for the purposes of the Project; Q'
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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: N
Site preparation and improvements; a�
Permits and fees; '
Labor and materials; o
Taxes on Project goods and services; 0
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Capitalized equipment;
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Information technology infrastructure; and E
Landscaping.
F. Other costs authorized through the legislation. Q
8. BILLING PROCEDURES AND PAYMENT
COMMERCE shall reimburse the GRANTEE for eligible Project expenditures, up to the maximum 0,
payable under this Grant Agreement. When requesting reimbursement for expenditures made, the 4)
GRANTEE shall submit to COMMERCE a signed and completed Invoice Voucher(Form A-19), that
documents capitalized Project activity performed for the billing period. The GRANTEE can submit all
Invoice Vouchers and any required documentation electronically through COMMERCE's Contracts E
Management System (CMS), which is available through the Secure Access Washington (SAW) v
portal. o
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The GRANTEE shall evidence the costs claimed on each voucher by including copies of each invoice E
received from vendors providing Project goods or services covered by the Grant Agreement. The
GRANTEE shall also provide COMMERCE with a copy of the cancelled check or electronic funds
transfer, as applicable, that confirms that they have paid each expenditure being claimed. The o
cancelled checks or electronic funds transfers may be submitted to COMMERCE at the time the c
voucher is initially submitted, or within thirty(30) days thereafter. M
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The voucher must be certified (signed) by an official of the GRANTEE with authority to bind the
GRANTEE. The final voucher shall be submitted to COMMERCE within sixty(60) days following the
completion of work or other termination of this Grant Agreement, or within fifteen (15)days following
the end of the state biennium unless Grant Agreement funds are reappropriated by the Legislature in
accordance with Section 19, hereof. Q
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If GRANTEE has or will be submitting any of the invoices attached to a request for payment for partial o
reimbursement under another grant contract, GRANTEE must clearly identify such grant contracts in
the transmittal letter and request for payment.
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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 Q
report of Project status to date. COMMERCE will not release payment for any reimbursement
request received unless and until the Project Status Report is received. After approving the Invoice
Voucher and Project Status Report, COMMERCE shall promptly remit a warrant to the GRANTEE.
AAG Approved -CAR DA GRANT AGREEMENT—VER 3
Packet Pg. 18
4.B.a
COMMERCE will pay GRANTEE upon acceptance of services provided and receipt of properly
completed invoices, which shall be submitted to the Representative for COMMERCE not more often
than monthly.
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
GRANTEE. E
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COMMERCE may, in its sole discretion, terminate the Grant or withhold payments claimed by the
GRANTEE for services rendered if the GRANTEE fails to satisfactorily comply with any term or Q'
condition of this Grant.
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No payments in advance or in anticipation of services or supplies to be provided under this N
Agreement shall be made by COMMERCE. a�
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Duplication of Billed Costs o
The GRANTEE shall not bill COMMERCE for services performed under this Grant Agreement, and
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COMMERCE shall not pay the GRANTEE, if the GRANTEE is entitled to payment or has been or will
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be paid by any other source, including grants, for that service. E
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Disallowed Costs Lai
The GRANTEE is responsible for any audit exceptions or disallowed costs incurred by its own Q
organization or that of its subgrantees.
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9. SUBCONTRACTOR DATA COLLECTION
GRANTEE will submit reports, in a form and format to be provided by COMMERCE and at intervals
as agreed by the parties, regarding work under this Grant performed by subcontractors and the E
portion of Grant funds expended for work performed by subcontractors, including but not necessarily o
limited to minority-owned, woman-owned, and veteran-owned business subcontractors. v
"Subcontractors" shall mean subcontractors of any tier. o
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10. CERTIFIED PROJECT COMPLETION REPORT AND FINAL PAYMENT E
The GRANTEE shall complete a Certified Project Completion Report when activities identified in the
SCOPE OF WORK shown on Attachment A are complete.
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The GRANTEE shall provide the following information to COMMERCE: c
A. A certified statement that the Project, as described in the SCOPE OF WORK shown on Attachment M
A, is complete and, if applicable, meets required standards.
B. A certified statement of the actual dollar amounts spent,from all funding sources, in completing the
project as described in the SCOPE OF WORK shown on Attachment A.
C. Certification that all costs associated with the Project have been incurred and accounted for. Costs
are incurred when goods and services are received and/or Grant work is performed.
D. A final voucher for the remaining eligible funds, including any required documentation. Q
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The GRANTEE will submit the Certified Project Completion Report together with the last Invoice o
Voucher for a sum not to exceed the balance of the Grant Amount.
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11. INSURANCE E
A. Insurance Requirements for Reimbursable Activities
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The GRANTEE will maintain appropriate insurance coverage throughout any period in which Q
reimbursable activities are conducted. The intent of the required insurance is to protect the state of
Washington should there be any claims, suits, actions, costs, damages or expenses arising from any
loss, or negligent or intentional act or omission of the GRANTEE, or Subgrantee, or agents of either,
while performing under the terms of this Grant.
AAG Approved -CAR DA GRANT AGREEMENT—VER 3
Packet Pg. 19
4.B.a
B. Additional Insurance Requirements During the Term of the Grant
The GRANTEE shall provide proof to COMMERCE of the following insurance coverage as applicable:
Commercial General Liability Insurance Policy. Provide a Commercial General Liability c
Insurance Policy, including contractual liability, written on an occurrence basis, in adequate
E
quantity to protect against legal liability related to this Grant but no less than $1,000,000 per
occurrence. Additionally, the GRANTEE is responsible for ensuring that any 0
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Subgrantee/subcontractor provide adequate insurance coverage for the activities arising out of Q-
subgrants/subcontracts. Commercial General Liability Insurance coverage shall be maintained in E
full force and effect during the term of this Grant and throughout the commitment period o
described in Special Terms and Conditions Section 5, 15, and 16. N
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Property Insurance. The GRANTEE shall keep the property insured in an amount sufficient to '
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permit such insurance to be written at all times on a replacement cost basis. Such insurance shall `o
cover the following hazards, as applicable:
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• Loss or damage by fire and such other risks; m
• Loss or damage from leakage or sprinkler systems now or hereafter installed in any
building on the premises;
• Loss or damage by explosion of steam boilers, pressure vessels, oil or gasoline storage Q
tanks or similar apparatus now or hereafter installed in a building or building on the
premises. L
Property Insurance coverage shall be maintained in full force and effect during the term of this
Grant and throughout the commitment period described in Special Terms and Conditions Section
5, 15, and 16. E
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Professional Liability, Errors and Omissions Insurance. If GRANTEE will be providing any t)
professional services to be reimbursed under this Grant, the GRANTEE shall maintain o
Professional Liability or Errors and Omissions Insurance with minimum limits of no less than c
$1,000,000 per occurrence to cover all activities by the GRANTEE and licensed staff employed or
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under contract to the GRANTEE. The state of Washington, its agents, officers, and employees
need not be named as additional insureds under this policy.
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Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act on behalf c
of the GRANTEE for the purpose of receiving or depositing funds into program accounts or M
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 Grant shall be $2,000,000 or the
highest of planned reimbursement for the Grant period, whichever is lowest. Fidelity
insurance secured pursuant to this paragraph shall name COMMERCE as beneficiary.
B. Subgrantees/subcontractors that receive $10,000 or more per year in funding through this Q
Grant shall secure fidelity insurance as noted above. Fidelity insurance secured by
Subgrantees/subcontractors pursuant to this paragraph shall name the GRANTEE and the o
GRANTEE's fiscal agent as beneficiary.
C. Fidelity Insurance coverage shall be maintained in full force and effect during the term of this
Grant. E
The insurance required shall be issued by an insurance company authorized to do business within Q
the state of Washington. 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 GRANTEE shall instruct the insurers to give COMMERCE thirty
(30) calendar days advance notice of any insurance cancellation or modification.
AAG Approved -CAR DA GRANT AGREEMENT—VER 3
Packet Pg. 20
4.B.a
The GRANTEE shall provide to COMMERCE 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.
During the term of the Grant, the GRANTEE shall submit renewal certificates not less than thirty(30)
calendar days prior to expiration of each policy required under this section.
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Professional Liability, Errors and Omissions Insurance. The GRANTEE shall require that any o
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contractors providing professional services that are reimbursable under this Grant maintain E
Professional Liability or Errors and Omissions Insurance. The GRANTEE shall require such
contractors to maintain minimum limits of no less than $1,000,000 per occurrence. The state of o
Washington, its agents, officers, and employees need not be named as additional insureds under ^�
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these policies.
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GRANTEES and Local Governments that Participate in a Self-Insurance Program. o
Self-Insured/Liability Pool or Self-Insured Risk Management Program —With prior approval from
COMMERCE, the GRANTEE 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
GRANTEE 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 Q
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 f°
Accounting Standards Board (GASB), 2) Financial Accounting Standards Board (FASB), and 3)the
Washington State Auditor's annual instructions for financial reporting. GRANTEE's participating in L
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 E
not be named as additional insured under a self-insured property/liability pool, if the pool is prohibited o
from naming third parties as additional insured. v
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GRANTEE shall provide annually to COMMERCE a summary of coverages and a letter of self m
insurance, evidencing continued coverage under GRANTEE's self-insured/liability pool or self-insured E
risk management program. Such annual summary of coverage and letter of self insurance will be a
provided on the anniversary of the start date of this Agreement. o
12. ORDER OF PRECEDENCE
In the event of an inconsistency in this Grant, the inconsistency shall be resolved by giving M
precedence in the following order:
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• Applicable federal and state of Washington statutes and regulations
• Declarations page of this Grant Agreement aEi
• Special Terms and Conditions
• General Terms and Conditions °f
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• Attachment A—Scope of Work
• Attachment B—Certification of the Availability of Funds to Complete the Project ;°
Attachment C—Certification of the Payment and Reporting of Prevailing Wages
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• Attachment D—Certification of Intent to Enter the Leadership in Energy and Environmental
Design (LEED) Certification Process E
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13. REDUCTION IN FUNDS
In the event state funds appropriated for the work contemplated under this Grant Agreement are Q
withdrawn, reduced, or limited in any way by the Governor or the Washington State Legislature during
the Grant Agreement period, the parties hereto shall be bound by any such revised funding limitations
as implemented at the discretion of COMMERCE, and shall meet and renegotiate the Grant
Agreement accordingly.
AAG Approved -CAR DA GRANT AGREEMENT—VER 3
Packet Pg. 21
4.B.a
14. OWNERSHIP OF PROJECT/CAPITAL FACILITIES
COMMERCE makes no claim to any real property improved or constructed with funds awarded under
this Grant Agreement and does not assert and will not acquire any ownership interest in or title to the
capital facilities and/or equipment constructed or purchased with state funds under this Grant
Agreement; provided, however, that COMMERCE may be granted a security interest in real property,
to secure funds awarded under this Grant Agreement. This provision does not extend to claims that E
COMMERCE may bring against the GRANTEE in recapturing funds expended in violation of this
Grant Agreement.
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15. CHANGE OF OWNERSHIP OR USE FOR GRANTEE-OWNED PROPERTY W
A. The GRANTEE understands and agrees that any and all real property or facilities owned by the r-
GRANTEE that are acquired, constructed, or otherwise improved by the GRANTEE using state N
funds under this Grant Agreement, shall be held and used by the GRANTEE for the purpose or a�
purposes stated elsewhere in this Grant Agreement for a period of at least ten (10) years from theCY
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later of: (1)the date the final payment is made hereunder; or(2)the date when the facility
improved or acquired with grant funds, or a distinct phase of the project, is made useable to the °
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public for the purpose intended by the Legislature.
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B. This provision shall not be construed to prohibit the GRANTEE from selling any property or E
properties described in this section; Provided, that any such sale shall be subject to prior review
and approval by COMMERCE, and that all proceeds from such sale shall be applied to the Q
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 Grant Agreement.
C. In the event the GRANTEE is found to be out of compliance with this section, the GRANTEE shall
repay to the state general fund the principal amount of the grant as stated on the Face Sheet,
hereof, plus interest calculated at the rate of interest on state of Washington general obligation E
bonds issued most closely to the effective date of the legislation in which the subject facility was 0
authorized. Repayment shall be made pursuant to Section 50 (Recapture provision). v
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16. CHANGE OF USE FOR LEASED PROPERTY PERFORMANCE MEASURE c
A. The GRANTEE understands and agrees that any facility leased by the GRANTEE that is E
constructed, renovated, or otherwise improved using state funds under this Grant Agreement
shall be used by the GRANTEE for the purpose or purposes stated elsewhere in this Grant
Agreement for a period of at least ten (10) years from the later of: (1)the date the final payment is o
made hereunder; or(2)the date when the facility improved or acquired with grant funds, or a c
distinct phase of the project, is made useable to the public for the purpose intended by the M
Legislature.
B. In the event the GRANTEE is found to be out of compliance with this section, the GRANTEE shall
repay to the state general fund the principal amount of the grant as stated on the Face Sheet, m
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 50 (Recapture Provision). Q
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17. SIGNAGE, MARKERS AND PUBLICATIONS
If, during the period covered by this Grant Agreement, the GRANTEE 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 E
participant.
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18. HISTORICAL AND CULTURAL ARTIFACTS Q
Prior to approval and disbursement of any funds awarded under this Contract, GRANTEE shall
cooperate with COMMERCE to complete the requirements of Governor's Executive Order 21-02 or
GRANTEE shall complete a review under Section 106 of the National Historic Preservation Act, if
applicable. GRANTEE agrees that the GRANTEE is legally and financially responsible for compliance
AAG Approved -CAR DA GRANT AGREEMENT-VER 3
Packet Pg. 22
4.B.a
with all laws, regulations, and agreements related to the preservation of historical or cultural
resources and agrees to hold harmless COMMERCE and the state of Washington in relation to any
claim related to such historical or cultural resources discovered, disturbed, or damaged as a result of
the project funded by this Contract.
In addition to the requirements set forth in this Contract, GRANTEE shall, in accordance with
Governor's Executive Order 21-02 as applicable, coordinate with Commerce and the Washington E
State Department of Archaeology and Historic Preservation ("DAHP"), including any recommended
consultation with any affected tribe(s), during Project design and prior to construction to determine the
existence of any tribal cultural resources affected by Project. GRANTEE agrees to avoid, minimize, 0.
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or mitigate impacts to the cultural resource as a continuing prerequisite to receipt of funds under this
Contract.
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The GRANTEE agrees that, unless the GRANTEE is proceeding under an approved historical and a�
cultural monitoring plan or other memorandum of agreement, if historical or cultural artifacts areCY
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discovered during construction, the GRANTEE shall immediately stop construction and notify the
local historical preservation officer and the state's historical preservation officer at DAHP, and the °
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Commerce Representative identified on the Face Sheet. If human remains are uncovered, the
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GRANTEE shall report the presence and location of the remains to the coroner and local enforcement E
immediately, then contact DAHP and the concerned tribe's cultural staff or committee.
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The GRANTEE shall require this provision to be contained in all subcontracts for work or services Q
related to the Scope of Work attached hereto.
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In addition to the requirements set forth in this Contract, GRANTEE agrees to comply with RCW
27.44 regarding Indian Graves and Records; RCW 27.53 regarding Archaeological Sites and
Resources; RCW 68.60 regarding Abandoned and Historic Cemeteries and Historic Graves; and E
WAC 25-48 regarding Archaeological Excavation and Removal Permits. 0
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Completion of the requirements of Section 106 of the National Historic Preservation Act shall o
substitute for completion of Governor's Executive Order 21-02.
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In the event that the GRANTEE finds it necessary to amend the Scope of Work the GRANTEE may
be required to re-comply with Governor's Executive Order 21-02, or Section 106 of the National
Historic Preservation Act. o
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19. REAPPROPRIATION M
A. The parties hereto understand and agree that any state funds not expended by the BIENNIUM
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CLOSE DATE listed on the Declarations page will lapse on that date unless specifically
reappropriated by the Washington State Legislature. If funds are so reappropriated, the state's E
obligation under the terms of this Grant Agreement shall be contingent upon the terms of such
reappropriation.
B. In the event any funds awarded under this Grant Agreement are reappropriated for use in a future Q
biennium, COMMERCE reserves the right to assign a reasonable share of any such
reappropriation for administrative costs.
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20. TERMINATION FOR FRAUD OR MISREPRESENTATION
In the event the GRANTEE commits fraud or makes any misrepresentation in connection with the
Grant application or during the performance of this Grant Agreement, COMMERCE reserves the right
to terminate or amend this Grant Agreement accordingly, including the right to recapture all funds Q
disbursed to the GRANTEE under the Grant.
AAG Approved -CAR DA GRANT AGREEMENT—VER 3
Packet Pg. 23
4.B.a
21. APPLICABILITY OF COPYRIGHT PROVISIONS TO ARCHITECTURAL/ENGINEERING DESIGN
WORK
The "Copyright Provisions", Section 36 of the General Terms and Conditions, are not intended to
apply to any architectural and engineering design work funded by this grant.
22. FRAUD AND OTHER LOSS REPORTING c
Contractor/Grantee shall report in writing all known or suspected fraud or other loss of any funds or E
other property furnished under this Contract immediately or as soon as practicable to the Commerce
Representative identified on the Face Sheet. O
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23. PUBLIC RECORDS ACT a)
Notwithstanding General Terms and Conditions Section 34, COMMERCE is a public agency subject r-
to the Public Records Act, Chapter 42.56 RCW (the "PRA"). Under the PRA, all materials relating to N
the conduct of government or the performance of any governmental or proprietary function prepared, a�
owned, used, or retained by COMMERCE or its functional equivalents are considered public records. CY
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The PRA requires that public records responsive to a public records request be promptly produced
unless the PRA or an "other statute" exempts such records from production. This Agreement is not °
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intended to alter COMMERCE's obligations under the PRA. The parties agree that if COMMERCE
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receives a public records request for files that may include confidential information under General E
Terms and Conditions Section 34, COMMERCE will notify the other party of the request and of the
date that the records will be released to the requester unless GRANTEE obtains a court order Q
enjoining disclosure. If the GRANTEE fails to obtain the court order enjoining disclosure,
COMMERCE may release the requested information on the date specified. If the GRANTEE obtains
a court order from a court of competent jurisdiction enjoining disclosure pursuant to the PRA,
COMMERCE shall maintain the confidentiality of the information per the court order.
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AAG Approved -CAR DA GRANT AGREEMENT-VER 3
Packet Pg. 24
4.B.a
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
24. DEFINITIONS
As used throughout this Grant, 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. o
B. "COMMERCE" shall mean the Department of Commerce. Q•
C. "GRANTEE" shall mean the entity identified on the Face Sheet performing service(s) under this E
Grant, and shall include all employees and agents of the GRANTEE. c
D. "Personal Information" shall mean information identifiable to any person, including, but not limited N
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, socialCY
3
security numbers, driver license numbers, other identifying numbers, and any financial identifiers.
E. "State" shall mean the state of Washington. 0
F. "Subgrantee/subcontractor" shall mean one not in the employment of the GRANTEE, who is
performing all or part of those services under this Grant under a separate Grant with the E
GRANTEE. The terms "subgrantee/subcontractor" refers to any tier.
G. "Subrecipient" shall mean a non-federal entity that expends federal awards received from a pass- a,
through entity to carry out a federal program, but does not include an individual that is a beneficiary Q
of such a program. It also excludes vendors that receive federal funds in exchange for goods and/or
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services in the course of normal trade or commerce.
H. "Vendor" is an entity that agrees to provide the amount and kind of services requested by m
COMMERCE; provides services under the grant only to those beneficiaries individually determined L
as
to be eligible by COMMERCE and, provides services on a fee-for-service or per-unit basis with E
contractual penalties if the entity fails to meet program performance standards. E
I. "Grant" and "Agreement" and "Contract" shall mean the entire written agreement between t)
COMMERCE and the GRANTEE, including any attachments, exhibits, documents, or materials o
incorporated by reference, and any amendments executed by the parties.
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25. ACCESS TO DATA
In compliance with RCW 39.26.180, the GRANTEE shall provide access to data generated under this a
Grant to COMMERCE, the Joint Legislative Audit and Review Committee, and the Office of the State o
Auditor at no additional cost. This includes access to all information that supports the findings,
conclusions, and recommendations of the GRANTEE's reports, including computer models and the M
methodology for those models.
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26. ADVANCE PAYMENTS PROHIBITED
No payments in advance of or in anticipation of goods or services to be provided under this Grant shall aEi
be made by COMMERCE.
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27. ALL WRITINGS CONTAINED HEREIN
This Grant contains all the terms and conditions agreed upon by the parties. No other understandings, ;°
oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist or to bind any of
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the parties hereto.
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28. AMENDMENTS
This Grant may be amended by mutual agreement of the parties. Such amendments shall not be r
binding unless they are in writing and signed by personnel authorized to bind each of the parties. Q
AAG Approved -CAR DA GRANT AGREEMENT—VER 3
Packet Pg. 25
4.B.a
29. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, ALSO
REFERRED TO AS THE "ADA" 28 CFR PART 35
The GRANTEE 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.
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30. ASSIGNMENT
Neither this Grant, nor any claim arising under this Grant, shall be transferred or assigned by the o
GRANTEE without prior written consent of COMMERCE. E
31. ATTORNEYS' FEES
Unless expressly permitted under another provision of the Grant, in the event of litigation or other 0
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action brought to enforce Grant terms, each party agrees to bear its own attorney's fees and costs.
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32. AUDIT CY
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A. General Requirements ,o
COMMERCE reserves the right to require an audit. If required, GRANTEEs are to procure audit
services based on the following guidelines.
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The GRANTEE shall maintain its records and accounts so as to facilitate audits and shall ensure
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that subgrantees also maintain auditable records. Q
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The GRANTEE is responsible for any audit exceptions incurred by its own organization or that of f°
its subgrantees.
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COMMERCE reserves the right to recover from the GRANTEE all disallowed costs resulting from E
the audit. E
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Responses to any unresolved management findings and disallowed or questioned costs shall be o
included with the audit report. The GRANTEE must respond to COMMERCE requests for
information or corrective action concerning audit issues within thirty(30) days of the date of E
request.
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B. State Funds Requirements
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In the event an audit is required, if the GRANTEE 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 GRANTEE. M
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The GRANTEE shall include the above audit requirements in any subcontracts.
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In any case, the GRANTEE's records must be available for review by COMMERCE.
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C. Documentation Requirements Q
The GRANTEE must send a copy of the audit report described above no later than nine (9)
months after the end of the GRANTEE's fiscal year(s) by sending a scanned copy to
comacctoffice(c)commerce.wa.gov or a hard copy to:
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Department of Commerce
ATTN: Audit Review and Resolution Office
1011 Plum Street SE Q
PO Box 42525
Olympia WA 98504-2525
In addition to sending a copy of the audit, when applicable, the GRANTEE must include:
AAG Approved -CAR DA GRANT AGREEMENT—VER 3
Packet Pg. 26
4.B.a
• Corrective action plan for audit findings within three (3) months of the audit being
received by COMMERCE.
• Copy of the Management Letter.
If the GRANTEE is required to obtain a Single Audit consistent with Circular A-133 requirements,
a copy must be provided to COMMERCE; no other report is required.
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33. BREACHES OF OTHER STATE CONTRACTS 0
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GRANTEE is expected to comply with all other contracts executed between GRANTEE and the State 0.
ofWashington. A breach of any other agreement entered into between GRANTEE and the State of E
Washington may, in COMMERCE's discretion, be deemed a breach of this Agreement. c
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34. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
A. "Confidential Information" as used in this section includes: Cl
1. All material provided to the GRANTEE by COMMERCE that is designated as "confidential" by 0
COMMERCE; r
2. All material produced by the GRANTEE that is designated as "confidential" by COMMERCE;
and
3. All personal information in the possession of the GRANTEE that may not be disclosed under
state or federal law. "Personal information" includes but is not limited to information related to Q
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 m
Portability and Accountability Act of 1996 (HIPAA). L
B. The GRANTEE shall comply with all state and federal laws related to the use, sharing, transfer,
sale, or disclosure of Confidential Information. The GRANTEE shall use Confidential Information E
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solely for the purposes of this Grant and shall not use, share, transfer, sell or disclose any 0
Confidential Information to any third party except with the prior written consent of COMMERCE or -
as may be required by law. The GRANTEE 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 GRANTEE shall provide COMMERCE with its policies and procedures on a
confidentiality. COMMERCE may require changes to such policies and procedures as they apply o
to this Grant whenever COMMERCE reasonably determines that changes are necessary to
prevent unauthorized disclosures. The GRANTEE shall make the changes within the time period
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specified by COMMERCE. Upon request, the GRANTEE shall immediately return to M
COMMERCE any Confidential Information that COMMERCE reasonably determines has not
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been adequately protected by the GRANTEE against unauthorized disclosure.
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C. Unauthorized Use or Disclosure. The GRANTEE shall notify COMMERCE within five (5) working E
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. Q
35. CONFLICT OF INTEREST L
Notwithstanding any determination by the Executive Ethics Board or other tribunal, COMMERCE o
may, in its sole discretion, by written notice to the GRANTEE terminate this Grant Agreement if it is
found after due notice and examination by COMMERCE that there is a violation of the Ethics in Public
Service Act, Chapters 42.52 RCW and 42.23 RCW; or any similar statute involving the GRANTEE in
the procurement of, or performance under this Grant Agreement. M
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Specific restrictions apply to contracting with current or former state employees pursuant to chapter
42.52 of the Revised Code of Washington. The GRANTEE and their subcontractor(s) must identify
any person employed in any capacity by the state of Washington that worked on this Grant, or any
matter related to the project funded under this Grant or any other state funded project, including but
not limited to formulating or drafting legislation, participating in grant procurement, planning and
AAG Approved -CAR DA GRANT AGREEMENT—VER 3
Packet Pg. 27
4.B.a
execution, awarding grants, or monitoring grants, during the 24 month period preceding the start date
of this Grant. Any person identified by the GRANTEE and their subcontractors(s) must be identified
individually by name, the agency previously or currently employed by,job title or position held, and
separation date. If it is determined by COMMERCE that a conflict of interest exists, the GRANTEE
may be disqualified from further consideration for the award of a Grant.
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In the event this Grant Agreement is terminated as provided above, COMMERCE shall be entitled to E
pursue the same remedies against the GRANTEE as it could pursue in the event of a breach of the o
Grant Agreement by the GRANTEE. The rights and remedies of COMMERCE provided for in this a
clause shall not be exclusive and are in addition to any other rights and remedies provided by law. E
The existence of facts upon which COMMERCE makes any determination under this clause shall be W
an issue and may be reviewed as provided in the "Disputes" clause of this Grant Agreement. o
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36. COPYRIGHT PROVISIONS
Unless otherwise provided, all Materials produced under this Grant shall be considered "works for CY
hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall `o
be considered the author of such Materials. In the event the Materials are not considered "works for r
hire" under the U.S. Copyright laws, the GRANTEE hereby irrevocably assigns all right, title, and
interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to aEi
COMMERCE effective from the moment of creation of such Materials. W
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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, cLa
and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the (�
ability to transfer these rights. W
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For Materials that are delivered under the Grant, but that incorporate pre-existing materials not E
produced under the Grant, the GRANTEE hereby grants to COMMERCE a nonexclusive, royalty-free, o
irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, v
distribute, prepare derivative works, publicly perform, and publicly display. The GRANTEE warrants 0
and represents that the GRANTEE has all rights and permissions, including intellectual property
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rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE. E
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The GRANTEE shall exert all reasonable effort to advise COMMERCE, at the time of delivery of
Materials furnished under this Grant, of all known or potential invasions of privacy contained therein o
and of any portion of such document which was not produced in the performance of this Grant. The c
GRANTEE shall provide COMMERCE with prompt written notice of each notice or claim of M
infringement received by the GRANTEE with respect to any Materials delivered under this Grant.
COMMERCE shall have the right to modify or remove any restrictive markings placed upon the
Materials by the GRANTEE.
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37. DISPUTES 0
Except as otherwise provided in this Grant, when a dispute arises between the parties and it cannot Q
be resolved by direct negotiation, either party may request a dispute hearing with the Director of
COMMERCE, who may designate a neutral person to decide the dispute. p`
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The request for a dispute hearing must: m
• be in writing;
• state the disputed issues;
• state the relative positions of the parties; Q
• state the GRANTEE's name, address, and Grant number; and
• be mailed to the Director and the other party's (respondent's) Grant Representative within
three (3)working days after the parties agree that they cannot resolve the dispute.
AAG Approved -CAR DA GRANT AGREEMENT—VER 3
Packet Pg. 28
4.B.a
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
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parties.
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The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding. o
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The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial E
tribunal.
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Nothing in this Grant 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. 3
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38. DUPLICATE PAYMENT ,o
COMMERCE shall not pay the GRANTEE, if the GRANTEE has charged or will charge the State of
Washington or any other party under any other Grant, subgrant/subcontract, or agreement, for the
same services or expenses. The GRANTEE certifies that work to be performed under this contract
does not duplicate any work to be charged against any other grant, subgrant/subcontract, or
agreement. Q
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39. GOVERNING LAW AND VENUE f°
This Grant 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. 2-
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40. INDEMNIFICATION E
To the fullest extent permitted by law, the GRANTEE shall indemnify, defend, and hold harmless the L j
state of Washington, COMMERCE, agencies of the state and all officials, agents and employees of o
the state, from and against all claims for injuries or death arising out of or resulting from the
performance of the contract. "Claim" as used in this contract, means any financial loss, claim, suit,
action, damage, or expense, including but not limited to attorneys fees, attributable for bodily injury,
sickness, disease, or death, or injury to or the destruction of tangible property including loss of use a
resulting therefrom. m
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The GRANTEE's obligation to indemnify, defend, and hold harmless includes any claim by c
GRANTEE's agents, employees, representatives, or any subgrantee/subcontractor or its employees. M
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GRANTEE expressly agrees to indemnify, defend, and hold harmless the State for any claim arising
out of or incident to GRANTEE'S or any subgrantee's/subcontractor's performance or failure to
perform the Grant. GRANTEE'S obligation to indemnify, defend, and hold harmless the State shall aEi
not be eliminated or reduced by any actual or alleged concurrent negligence of State or its agents,
agencies, employees and officials. a'
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The GRANTEE 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. p`
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41. INDEPENDENT CAPACITY OF THE GRANTEE
The parties intend that an independent contractor relationship will be created by this Grant. The E
GRANTEE and its employees or agents performing under this Grant Agreement are not employees or
agents of the state of Washington or COMMERCE. The GRANTEE will not hold itself out as or claim Q
to be an officer or employee of COMMERCE or of the state of Washington by reason hereof, nor will
the GRANTEE 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 GRANTEE.
AAG Approved -CAR DA GRANT AGREEMENT—VER 3
Packet Pg. 29
4.B.a
42. INDUSTRIAL INSURANCE COVERAGE
The GRANTEE shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If
the GRANTEE 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 GRANTEE the
full amount payable to the Industrial Insurance Accident Fund. COMMERCE may deduct the amount
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owed by the GRANTEE to the accident fund from the amount payable to the GRANTEE by W
COMMERCE under this Grant Agreement, 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 o
rights to collect from the GRANTEE. E
43. LAWS W
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The GRANTEE shall comply with all applicable laws, ordinances, codes, regulations and policies of 0
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local and state and federal governments, as now or hereafter amended.
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44. LICENSING, ACCREDITATION AND REGISTRATION CY
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The GRANTEE shall comply with all applicable local, state, and federal licensing, accreditation and ,o
registration requirements or standards necessary for the performance of this Grant Agreement.
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45. LIMITATION OF AUTHORITY aEi
Only the Authorized Representative or Authorized Representative's delegate by writing (delegation to
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be made prior to action) shall have the express, implied, or apparent authority to alter, amend, Q
modify, or waive any clause or condition of this Grant Agreement. Furthermore, any alteration, c
amendment, modification, or waiver or any clause or condition of this Grant Agreement is not f°
effective or binding unless made in writing and signed by the Authorized Representative.
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46. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS E
During the performance of this Grant, the GRANTEE shall comply with all federal, state, and local E
nondiscrimination laws, regulations and policies. In the event of the GRANTEE's non-compliance or L j
refusal to comply with any nondiscrimination law, regulation or policy, this Grant may be rescinded, —
canceled or terminated in whole or in part, and the GRANTEE may be declared ineligible for further
Grants with COMMERCE. The GRANTEE 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. The funds provided under this contract may not be used to fund religious worship, a
exercise, or instruction. No person shall be required to participate in any religious worship, exercise,
0
or instruction in order to have access to the facilities funded by this grant.
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47. PAY EQUITY M
The GRANTEE agrees to ensure that"similarly employed" individuals in its workforce are
compensated as equals, consistent with the following:
a. Employees are "similarly employed" if the individuals work for the same employer, the aEi
performance of the job requires comparable skill, effort, and responsibility, and the jobs are
performed under similar working conditions. Job titles alone are not determinative of whether
employees are similarly employed; Q
b. GRANTEE may allow differentials in compensation for its workers if the differentials are based in
good faith and on any of the following:
(i)A seniority system; a merit system; a system that measures earnings by quantity or quality c
of production; a bona fide job-related factor or factors; or a bona fide regional difference in
compensation levels.
(ii)A bona fide job-related factor or factors may include, but not be limited to, education,
training, or experience that is: Consistent with business necessity; not based on or derived Q
from a gender-based differential; and accounts for the entire differential.
(iii)A bona fide regional difference in compensation level must be: Consistent with business
necessity; not based on or derived from a gender-based differential; and account for the
entire differential.
AAG Approved -CAR DA GRANT AGREEMENT—VER 3
Packet Pg. 30
4.B.a
This Grant Agreement may be terminated by COMMERCE, if COMMERCE or the Department of
Enterprise services determines that the GRANTEE is not in compliance with this provision.
48. POLITICAL ACTIVITIES
Political activity of GRANTEE employees and officers are limited by the State Campaign Finances
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and Lobbying provisions of Chapter 42.17a RCW and the Federal Hatch Act, 5 USC 1501 - 1508.
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No funds may be used for working for or against ballot measures or for or against the candidacy of o
any person for public office. E
49. PUBLICITY
The GRANTEE agrees not to publish or use any advertising or publicity materials in which the state of 0
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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 3
prior written consent of COMMERCE. CY
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50. RECAPTURE
In the event that the GRANTEE fails to perform this Grant in accordance with state laws, federal laws,
and/or the provisions of this Grant, COMMERCE reserves the right to recapture funds in an amount 44)
to compensate COMMERCE for the noncompliance in addition to any other remedies available at law
or in equity. Q
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Repayment by the GRANTEE of funds under this recapture provision shall occur within the time f°
period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from
payments due under this Grant. 2-
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51. RECORDS MAINTENANCE E
The GRANTEE shall maintain books, records, documents, data and other evidence relating to this L j
Grant and performance of the services described herein, including but not limited to accounting —
procedures and practices that sufficiently and properly reflect all direct and indirect costs of any
nature expended in the performance of this Grant.
GRANTEE shall retain such records for a period of six years following the date of final payment. At a
no additional cost, these records, including materials generated under the Grant, shall be subject at m
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all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by
COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law,
regulation or agreement. M
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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 resolved. aEi
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52. REGISTRATION WITH DEPARTMENT OF REVENUE
If required by law, the GRANTEE shall complete registration with the Washington State Department Q
of Revenue.
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53. RIGHT OF INSPECTION c
At no additional cost, the GRANTEE shall provide right of access to its facilities to COMMERCE, or any E
of its officers, or to any other authorized agent or official of the state of Washington or the federal
government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or r
quality assurance under this Grant. Q
54. 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 Grant and prior to normal completion, COMMERCE may terminate the
Grant under the "Termination for Convenience" clause, without the ten calendar day notice
AAG Approved -CAR DA GRANT AGREEMENT—VER 3
Packet Pg. 31
4.B.a
requirement. In lieu of termination, the Grant may be amended to reflect the new funding limitations
and conditions.
55. SEVERABILITY
The provisions of this Grant are intended to be severable. If any term or provision is illegal or invalid
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for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of
the Grant.
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56. SITE SECURITY a
While on COMMERCE premises, GRANTEE, its agents, employees, or subcontractors shall conform E
in all respects with physical, fire or other security policies or regulations.
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57. SUBGRANTING/SUBCONTRACTING a;
Neither the GRANTEE nor any subgrantee/subcontractor shall enter into subgrants/subcontracts for 3
any of the work contemplated under this Grant Agreement without obtaining prior written approval of CY
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COMMERCE. In no event shall the existence of the subgrant/subcontract operate to release or reduce ,o
the liability of the GRANTEE to COMMERCE for any breach in the performance of the GRANTEE's
duties. This clause does not include Grants of employment between the GRANTEE and personnel
assigned to work under this Grant.
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Additionally, the GRANTEE is responsible for ensuring that all terms, conditions, assurances and Q
certifications set forth in this agreement are carried forward to any subgrants/subcontracts. Every c
subgranUsubcontract shall include a term that COMMERCE and the State of Washington are not liable f°
for claims or damages arising from a subgrantee's/subcontractor's performance of the
subgranUsubcontract. GRANTEE and its subgrantees/subcontractors agree not to release, divulge, 2-
publish, transfer, sell or otherwise make known to unauthorized persons personal information without E
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the express written consent of COMMERCE or as provided by law. E
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58. SURVIVAL o
The terms, conditions, and warranties contained in this Grant that by their sense and context are
intended to survive the completion of the performance, cancellation or termination of this Grant shall E
so survive.
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59. TAXES
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All payments accrued on account of payroll taxes, unemployment contributions, the GRANTEE's
income or gross receipts, any other taxes, insurance or expenses for the GRANTEE or its staff shall
be the sole responsibility of the GRANTEE. M
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60. TERMINATION FOR CAUSE
In the event COMMERCE determines the GRANTEE has failed to comply with the conditions of this aEi
Grant in a timely manner, COMMERCE has the right to suspend or terminate this Grant. Before
suspending or terminating the Grant, COMMERCE shall notify the GRANTEE in writing of the need to a'
take corrective action. If corrective action is not taken within 30 calendar days, the Grant may be Q
terminated or suspended.
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In the event of termination or suspension, the GRANTEE shall be liable for damages as authorized by c
law including, but not limited to, any cost difference between the original Grant and the replacement E
or cover Grant and all administrative costs directly related to the replacement Grant, e.g., cost of the
competitive bidding, mailing, advertising and staff time. r
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COMMERCE reserves the right to suspend all or part of the Grant, withhold further payments, or
prohibit the GRANTEE from incurring additional obligations of funds during investigation of the
alleged compliance breach and pending corrective action by the GRANTEE or a decision by
COMMERCE to terminate the Grant. A termination shall be deemed a "Termination for Convenience"
AAG Approved -CAR DA GRANT AGREEMENT—VER 3
Packet Pg. 32
4.B.a
if it is determined that the GRANTEE: (1)was not in default; or(2)failure to perform was outside of
his or her control, fault or negligence.
The rights and remedies of COMMERCE provided in this Grant are not exclusive and are, in addition
to any other rights and remedies, provided by law.
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61. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Grant, COMMERCE may, by ten (10) business days written
notice, beginning on the second day after the mailing, terminate this Grant, in whole or in part. If this o
Grant is so terminated, COMMERCE shall be liable only for payment required under the terms of this 0.
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Grant for services rendered or goods delivered prior to the effective date of termination.
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62. TERMINATION PROCEDURES
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Upon termination of this Grant, COMMERCE, in addition to any other rights provided in this Grant,
may require the GRANTEE to deliver to COMMERCE any property specifically produced or acquired 3
for the performance of such part of this Grant as has been terminated. The provisions of the CY
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"Treatment of Assets" clause shall apply in such property transfer. ,o
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COMMERCE shall pay to the GRANTEE the agreed upon price, if separately stated, for completed
work and services accepted by COMMERCE, and the amount agreed upon by the GRANTEE and
COMMERCE for(i) completed work and services for which no separate price is stated, (ii) partially
completed work and services, (iii)other property or services that are accepted by COMMERCE, and Q
(iv)the protection and preservation of property, unless the termination is for default, in which case the c
AUTHORIZED REPRESENTATIVE shall determine the extent of the liability of COMMERCE. Failure f°
to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this
Grant. COMMERCE may withhold from any amounts due the GRANTEE such sum as the 2-
AUTHORIZED REPRESENTATIVE determines to be necessary to protect COMMERCE against E
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potential loss or liability. E
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The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in o
addition to any other rights and remedies provided by law or under this Grant Agreement.
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After receipt of a notice of termination, and except as otherwise directed by the AUTHORIZED
REPRESENTATIVE, the GRANTEE shall: f°
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1. Stop work under the Grant on the date, and to the extent specified, in the notice;
2. Place no further orders or subgrants/subcontracts for materials, services, or facilities except as
may be necessary for completion of such portion of the work under the Grant that is not M
terminated; .,
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3. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the
AUTHORIZED REPRESENTATIVE, all of the rights, title, and interest of the GRANTEE under the aEi
orders and subgrants/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 a'
subgrants/subcontracts; Q
4. Settle all outstanding liabilities and all claims arising out of such termination of orders and
subcontracts, with the approval or ratification of the AUTHORIZED REPRESENTATIVE to the
extent AUTHORIZED REPRESENTATIVE may require, which approval or ratification shall be
final for all the purposes of this clause; E
5. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed
by the AUTHORIZED REPRESENTATIVE any property which, if the Grant had been completed,
would have been required to be furnished to COMMERCE; Q
6. Complete performance of such part of the work as shall not have been terminated by the
AUTHORIZED REPRESENTATIVE; and
7. Take such action as may be necessary, or as the AUTHORIZED REPRESENTATIVE may direct,
for the protection and preservation of the property related to this Grant, which is in the possession
of the GRANTEE and in which COMMERCE has or may acquire an interest.
AAG Approved -CAR DA GRANT AGREEMENT—VER 3
Packet Pg. 33
4.B.a
63. TREATMENT OF ASSETS
Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property
furnished by the GRANTEE,for the cost of which the GRANTEE is entitled to be reimbursed as a direct
item of cost under this Grant, shall pass to and vest in COMMERCE upon delivery of such property by
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the GRANTEE. Title to other property, the cost of which is reimbursable to the GRANTEE under this
Grant, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the
performance of this Grant, or (ii) commencement of use of such property in the performance of this o
Grant, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first 0.
occurs.
A. Any property of COMMERCE furnished to the GRANTEE shall, unless otherwise provided herein
or approved by COMMERCE, be used only for the performance of this Grant. 0
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B. The GRANTEE shall be responsible for any loss or damage to property of COMMERCE that results
from the negligence of the GRANTEE or which results from the failure on the part of the GRANTEE 3
to maintain and administer that property in accordance with sound management practices. CY
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C. If any COMMERCE property is lost, destroyed or damaged, the GRANTEE shall immediately notify 0
COMMERCE and shall take all reasonable steps to protect the property from further damage.
D. The GRANTEE shall surrender to COMMERCE all property of COMMERCE prior to settlement
upon completion, termination or cancellation of this Grant
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All reference to the GRANTEE under this clause shall also include GRANTEE'S employees, Q
agents or subgrantees/subcontractors.
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64. WAIVER
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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 Grant unless E
stated to be such in writing and signed by Authorized Representative of COMMERCE. E
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ATTACHMENT A- SCOPE OF WORK
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Costs related to the work will only be reimbursed to the extent the work is determined by Commerce to be
within the scope of the legislative appropriation.
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CERTIFICATION PERFORMANCE MEASURE E
The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and c
approved by the GRANTEE's governing body as of the date and year written below. i°
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4.B.a
ATTACHMENT B - CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE
PROJECT
Type of Funding Source Description Amount
[[0 rig inalContract
Grant Washington State Department of Commerce �,
Amount
Other Grants
Grant#1 $ °
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Grant#2 $ E
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Total Other Grants $0.00 0
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Loan #1 $ '
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Loan #2 $ 4°
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Total Loans $0.00
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Source #1 $ Q
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Total Local Revenue $0.00 L
Other Funds C9
Source#1 $
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Source#2 $ E
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Total Other Funds $0.00 E
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Total Project Funding I $0.00 4-
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CERTIFICATION PERFORMANCE MEASURE E
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The GRANTEE, by its signature, certifies that project funding from sources other than those provided by a
this Grant Agreement and identified above has been reviewed and approved by the GRANTEE's m
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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 Grant M
Agreement, as of the date and year written below. The GRANTEE shall maintain records sufficient to
evidence that it has expended or has access to the funds needed to complete the Project, and shall make a0i
such records available for COMMERCE's review upon reasonable request. aEi
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4.B.a
ATTACHMENT C- CERTIFICATION OF THE PAYMENT AND REPORTING OF PREVAILING WAGES
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that all contractors and subcontractors performing work on the
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Project shall comply with prevailing wage laws set forth in Chapter 39.12 RCW, as applicable on the date
the appropriation becomes effective, 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 GRANTEE o
shall maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and shall make such 0.
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records available for COMMERCE's review upon request.
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If any state funds are used by the GRANTEE for the purpose of construction, applicable State Prevailing 0
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Wages must be paid.
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The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and CY
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approved by the GRANTEE's governing body as of the date and year written below. ,o
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4.B.a
ATTACHMENT D - CERTIFICATION OF INTENT TO ENTER THE LEADERSHIP IN ENERGY AND
ENVIRONMENTAL DESIGN (LEED) CERTIFICATION PROCESS
CERTIFICATION PERFORMANCE MEASURE
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The GRANTEE, 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 Grant Agreement. The GRANTEE shall, upon receipt of LEED certification by the United o
States Green Building Council, provide documentation of such certification to COMMERCE. E
The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and
approved by the GRANTEE's governing body or board of directors, as applicable, as of the date and year 0
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4.B.a
Draft - Scope of Work for the Union Pacific and Burlington Northern Santa Fe
Railroads Quiet Zone Improvements Project
State appropriation for fiscal year 2023 is provided solely for a grant to the City of
Kent for operational improvements and other actions to improve safety and reduce
train noise, with the goal of increasing quality of life and facilitating transit-oriented
living in downtown Kent.
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This project includes work related to railway-highway grade crossing improvements i
to support future railroad Quiet Zones and grade crossing safety improvements at E
up to thirteen railroad crossings in Kent, WA; including but not limited to
construction of raised medians; construction of curbs, gutters, sidewalks, and o
pavement repairs; installation of new traffic signs; installation of roadway N
channelization; installation of fencing and gates; and relocation, removal, or
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upgrade of existing traffic signals, railroad crossing signal lights, fencing,
landscaping, signals, utilities, and street lights. Project work will also include the °
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design and installation/upgrade of trespass fencing at select locations along the
BNSF alignment between S. 212t" St. and S. 259t" St, Kent, WA 98032. E
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Eight of the crossings are of the BNSF Railway Company (BNSF) at the following a
streets:
• S. 212t" St. DOT# 085625H
• James St. DOT# 085629K
• Smith St. DOT# 085633A
• Meeker St. DOT# 085636V E
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• Gowe St. DOT#085637C 0
• Titus St. DOT#085639R o
• Willis St. (SR 516) DOT# 085640K
• S 259t" St DOT# 085642Y E
Five crossings are of the Union Pacific Railroad (UPRR) at the following streets: o
• S. 212t" St. DOT# 396575R
• W. James St. DOT# 396578L
• W. Smith St. DOT# 396579T
• W. Meeker St. DOT# 396580M
• Willis St. (SR 516) DOT# 396581U
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Work will include permitting, right-of-way acquisition (if necessary), cultural a
resource review, project management, survey/design engineering, construction
management, material procurement, railroad flagging, and construction of o
improvements. Work may be performed by a combination of Kent staff, contracted
professional services, contractors, and the individual railroads or their
representatives.
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■► Washington State
'k Department of
140V Commerce
Washington State Capital Budget
Contract Readiness Form
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Grantee: City of Kent o
Project Title: Train Noise Reduction Activities 0
Contract Number: 22-62423-001
Net Grant Amount: $2,950,000 0
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Instructions: c
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Before you can receive funds, a contract will need to be executed between your organization E
and the state. Contract development generally takes four to six weeks once you have met all
pre-contracting requirements. Please follow these steps to get the process started: a
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1. Completely fill out the survey questions by typing your responses in the electronic version
of this form;
2. Have the Grantee Certification (last page) signed by the person authorized to sign E
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contracts for your organization; U
3. Attach documentation for committed funds (copies of award letters, council °
appropriations, etc.), if applicable;
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4. Attach completed and signed LEED Certification Declaration form;
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5. Compile and email these documents to your Grant Manager, [[CommerceManagerName]] at o
[[CommerceManagerEmail]]
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If you have any questions or need additional information, please contact me at:
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[[CommerceManagerEmail]] or[[Commerce Man agerPhonefl
All grantees are required to set up an SWV number so funds may be sent electronically.
Please find detailed instructions here: Office of Financial Management. It may take up to
three weeks after you submit this information for an electronic transfer account to be set up. a
You may immediately submit your working papers survey to us; we will automatically receive o
your SWV number from the office that sets them up.
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Thank you for your assistance in making this contract-writing process as quick and easy as
possible! r
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4.B.a
SECII ON 1. GENERAL I NFORMAII ON
1.1 Grantee (Complete Legal Name)
1.2 Type of Organization ❑ Publicly-Owned ❑ Private Non-Profit ❑ Tribal
1.3 Statewide Vendor Number(if available)
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1.4 Fiscal Year End (mm/dd)
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1.5 UBI# (if available)
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1.6 Project Street Address , WA - E
1.7 Project Mailing Address , WA -
1.8 County(https://www.gps- N
coordinates.net)
Project GPS Coordinates (approximate Latitude (e.g., 45.3530) Longitude (e.g., 120.4510
1'9 center of where you will be working) `o
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1.10 Project Jurisdiction (county, city, town) c
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1.11 Legislative District E
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1.12 Congressional District
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1.13 Which legislator(s)took the lead in
introducing your appropriation?
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Authorized Person to Sign Contract L
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Mailing Address (if different from project _
1.14 mailing address above)
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contract is signed)
Mailing Address (if different from project _
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1.16 Are you able to utilize DocuSign to sign a ❑ Yes ❑ No c
contract? m
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Attorney Name, Firm &Address, if
1.17 required on contract documents Q
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4.B.a
SEGnON 2. PROJECT INFORMATION
PROJECT DESCRIPTION
2.1 Please describe the roject's anticipated use and public benefit.
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2.2 Is this project part of a larger, phased project? If YES, explain how this phase fits in the ❑ YES ❑ NO
overall project. Q-
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SITE CONTROL
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o you have control of the project site either through ownership or through a long-term
lease (at least 10 years)? If NO, please explain and include the date you expect to 0
meet this condition. ❑ YES ❑ NO
IMPORTANT: Site control is required before we can begin writing the contract. ` E
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GOVERNOR E)MMVE ORDER 21-02(EO 21-02)CULTURAL&HSTORICAL RESOURCES REMEW(OR SECTION 106)
2.4 Does your project involve pre-construction, land acquisition, ground disturbance, or
construction or rehabilitation of a building over 45 years old? E] Pre-Construction m
If YES and your project includes only state and local funds, you will need to go through
❑ Land Acquisition
the EO 21-02 review process. E
If NO, please explain. 0
2.4a Does your project include federal funds? ❑ YES ❑ NO El Ground Disturbance v
If YES, you will need to go through the Section 106 review process. o
IMPORTANT: If EO 21-02 (or Section 106) applies to your project, you will need to ❑ Building Over 45 c
complete this review before we can execute the contract.' Years Old E
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LEED(LEADERSHIP IN ENERGY AND ENMRONNENTAL DESIGN)CERTIFICATION
2.5 Does your project include new construction or renovation of a building or facility? ❑ YES ❑ NO
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If YES, indicate if you entered the LEED certification process with the goal of your facility obtaining the silver aEi
standard.
IMPORTANT: As part of your contracting process, you are required to complete a LEED Certification a'
Declaration form.2 Q
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' The EO 21-02 requires recipients of state funds to consult with interested parties, i.e., Department of Archaeology and Historic
Preservation, and Indian Tribes, prior to starting project construction. If your project funding includes federal funds, Section 106 M
(National Historic Preservation Act)will be required,which supersedes the EO 21-02 review. These consultations should take place as Q
early as possible in order to avoid delays in starting your project. If you have questions regarding the cultural and historic resources
process, please contact your project manager.
2 LEED is a certification program run by the U.S. Green Building Council. In 2005 the Washington State Legislature passed a law
requiring all capital projects grant recipients to comply with the LEED standards(RCW 39.35D).The goal is for major construction or
renovation projects receiving state funds to be built to the LEED silver standard where"practicable."Projects that fall under certain
facility types and projects demonstrating that it would not"be practicable"to meet the LEED silver standard may qualify for a LEED
exemption. Please refer to the attached LEED Certification Declaration form for more details. If you have questions regarding the
LEED process, please contact your project manager.
Packet Pg. 45
4.B.a
PREVAIUNIG WAGE
2.6 If your project includes new construction or renovation, do you understand and
acknowledge that you are required to pay state prevailing wages for all construction-
related work as of the enacted date of the state capital budget including the project's ❑ YES
appropriation.
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2.7 Describe all the activities and deliverables needed to accomplish this project. o
IMPORTANT: Provide a description of the project along with the estimated start and end date.Your Scope a
of Work must correspond with your application or member request and will become part of your contract. E
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4.B.a
PROJECT COSTS
2.8 Only complete the Project Costs table below if your budget is finalized. A list of eligible and ineligible costs is
attached at the end of this survey.
IMPORTANT: Your Total Project Costs must equal your Total Funding in Question 2.9. The cost categories
must correspond with the activities listed on your Scope of Work. Please note that this is a reimbursement
grant; only costs incurred after the date project funds were awarded will be reimbursed (July 1 of year
appropriated).
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IMPORTANT: A finalized budget is required before we can begin writing the contract.
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IMPORTANT: Internal project management is NOT an eligible cost for reimbursement. c
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Has the project incurred eligible costs prior to receiving the appropriation in the state capital budget? ❑ Yes E
❑ No
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If yes, please provide date costs were incurred and explain.
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Cost Category • a
Archeological/Historical Review
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Architecture and Engineering Design
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Construction/Renovations
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Demolition and Site Preparation E
Capitalized Equipment 0
Other: 0
TOTAL - • • Project
Funding) E
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4.B.a
PRQIECT FUNDING
2,9 CComplete the table below listing the amounts and funding sources for this project. State the status of your funding
sources as follows:
Committed: funds are considered committed if a formal notice of approval for the funds is in place from the
funding source. Local Revenue must be in an approved budget or be appropriated by your council or
commission to be considered committed. Attach documentation such as copies of award letters, council
appropriations, etc.
In-Hand: funds are considered in-hand if you have already received the funds.
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IMPORTANT: Your Total Project Funding must equal your Total Project Costs in Question 2.8. The Project
Funding table will become part of your contract. You are required to have full funding for your project (or E
project phase) by either having the funds in-hand or by showing that the funds are committed. c
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IMPORTANT: All project funding is required before we can begin writing the contract. E
Status 0
(Committed or In-Hand)
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State Grant Department of Commerce $2,950,000 Committed '
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ther Funds (eg. State, Federal, Local, Grants, Private, Loans) ,o
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CONTINGENCIES
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2.10 Are there contingencies that could change your answers to any of the questions above? If so, please briefly
explain. For example: Project description, site control, scope of work, financing, etc.
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4.B.a
PROJECTIONS
3.0 Please estimate how much of your award you plan to request during the upcoming quarters. This information is
used for program budgeting purposes only and is not binding.
Fiscal Year 2022 y
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Q4 April 1 -June 30, 2022
Total 1 0
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Q8 April 1 —June 30, 2023
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Fiscal Year 2024
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Q1 Jul 1 -September 30, 2023 i
Q2 October 1 - December 31, 2023
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Q4 April 1 —June 30, 2024 E
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Total 0
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Q6 October 1 - December 31, 2024 Q-
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Q8 April 1 —June 30, 2025
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4.B.a
GRANTEE CERTIF1CA110N
The Grantee certifies that:
■ The information and financial data provided in this document are true and correct to the best of their
belief and knowledge and it is understood that Commerce staff may independently verify
information, and that the discovery of incomplete, false, and/or misleading information is grounds N
for withholding awarded funds or termination of grant contract; c
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■ Records supporting the information provided in this document are on file and will be made available
by the Grantee upon request; 0
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■ There are no outstanding liens against this project; a,
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■ There is currently no litigation in existence seeking to enjoin the commencement or completion of
the above-described project; and
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• The Grantee intends to enter into a grant contract with the Department of Commerce, provided that ,o
the terms and conditions for a Department of Commerce grant are satisfactory to both parties. c
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4.B.a
Eligible Costs Ineligible Costs
Capital Budget funds may generally The following costs are not eligible
be used to pay for the following for reimbursement under this
project expenses. program:
■ design, architectural, and ■ internal administrative activities
engineering work; and staffing costs;
• building permits/fees; • mortgage or loan payments;
■ archeological/historical review; ■ project management (from E
■ construction labor and materials; any source)****; >
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■ demolition/site preparation; ■ fundraising activities; 0.
■ capitalized equipment; ■ feasibility studies; E
■ information technology ■ computers or office equipment;
infrastructure (cables and wiring); ■ rolling stock (such as vehicles); N
• construction management and ■ lease payments for rental of
observation (from external equipment or facilities;
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sources only)*; • any maintenance or operating `o
• initial furnishings**; costs; r
■ landscaping; ■ property leases (including long-
■ real property when purchased term leases) E
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specifically for the project, and ■ the moving of equipment,
associated costs.*** furniture, etc., between a
facilities. c
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* Construction management and observation is on-site management and/or supervision of the y
work site and workers thereon.This is an eligible project cost. Construction management does L
not include work typically performed by off-site consultants or consultant organizations, grant a)
writers, project managers, or employees of the grantee, unless the employee is hired solely and E
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specifically to perform on-site construction management as defined above and in accordance with 0
the Office of Financial Management's 2017-2027 Capital Budget Instructions, Chapters 1.5 and ,U
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** Furnishings and equipment are considered eligible project costs as long as the average useful
life of the item purchased is 13 years or more.
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Costs directly associated with property acquisition include appraisal fees,title opinions, m
surveying fees, real estate fees, title transfer taxes, easements of record, and legal expenses.
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**** In no way shall funds be used to supplant or subsidize operating costs such as ordinary M
maintenance or administrative staff expenses --
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Note: Please do not include operating costs in your project scope and budget. m
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4.B.a
Insurance Requirements— Direct Appropriation Grant
Insurance Requirements for Reimbursable Activities
The GRANTEE will maintain appropriate insurance coverage throughout any period in which
reimbursable activities are conducted. The intent of the required insurance is to protect the state of N
Washington should there be any claims, suits, actions, costs, damages or expenses arising from any
loss, or negligent or intentional act or omission of the GRANTEE, or Subgrantee, or agents of either,
while performing under the terms of this Grant.
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Additional Insurance Requirements During the Term of the Grant 0.
The GRANTEE shall provide proof to COMMERCE of the following insurance coverage as applicable: E
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Commercial General Liability Insurance Policy. Provide a Commercial General Liability N
Insurance Policy, including contractual liability, written on an occurrence basis, in adequate
quantity to protect against legal liability related to this Grant but no less than $1,000,000 per
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occurrence. Additionally, the GRANTEE is responsible for ensuring that any L
Subgrantee/subcontractor provide adequate insurance coverage for the activities arising out of 0
subgrants/subcontracts. Commercial General Liability Insurance coverage shall be maintained in
full force and effect during the term of this Grant and throughout the commitment period
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described in Special Terms and Conditions Section 5, 15, and 16.
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Property Insurance. The GRANTEE shall keep the property insured in an amount sufficient to Q
permit such insurance to be written at all times on a replacement cost basis. Such insurance shall
cover the following hazards, as applicable:
• Loss or damage by fire and such other risks;
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• Loss or damage from leakage or sprinkler systems now or hereafter installed in any
building on the premises; E
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• Loss or damage by explosion of steam boilers, pressure vessels, oil or gasoline storage L j
tanks or similar apparatus now or hereafter installed in a building or building on the o
premises.
Property Insurance coverage shall be maintained in full force and effect during the term of this
Grant and throughout the commitment period described in Special Terms and Conditions Section
5, 15, and 16. a
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Professional Liability, Errors and Omissions Insurance. If GRANTEE will be providing any
professional services to be reimbursed under this Grant, the GRANTEE shall maintain M
Professional Liability or Errors and Omissions Insurance with minimum limits of no less than
$1,000,000 per occurrence to cover all activities by the GRANTEE and licensed staff employed or
under contract to the GRANTEE. The state of Washington, its agents, officers, and employees m
need not be named as additional insureds under this policy. aEi
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Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act on behalf Q
of the GRANTEE 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 o
insured to provide protection against loss:
A. The amount of fidelity coverage secured pursuant to this Grant shall be $2,000,000 or the
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highest of planned reimbursement for the Grant period, whichever is lowest. Fidelity E
insurance secured pursuant to this paragraph shall name COMMERCE as beneficiary.
B. Subgrantees/subcontractors that receive $10,000 or more per year in funding through this r
Grant shall secure fidelity insurance as noted above. Fidelity insurance secured by Q
Subgrantees/subcontractors pursuant to this paragraph shall name the GRANTEE and the
GRANTEE's fiscal agent as beneficiary.
C. Fidelity Insurance coverage shall be maintained in full force and effect during the term of this
Grant.
Packet Pg. 52
4.B.a
The insurance required shall be issued by an insurance company authorized to do business within
the state of Washington. 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 GRANTEE shall instruct the insurers to give COMMERCE thirty
(30) calendar days advance notice of any insurance cancellation or modification.
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The GRANTEE shall provide to COMMERCE 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 o
will be provided thirty(30) days advance written notice of cancellation. Q-
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During the term of the Grant, the GRANTEE shall submit renewal certificates not less than thirty(30)
calendar days prior to expiration of each policy required under this section. o
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Professional Liability, Errors and Omissions Insurance. The GRANTEE shall require that any '
contractors providing professional services that are reimbursable under this Grant maintain o
Professional Liability or Errors and Omissions Insurance. The GRANTEE shall require such
contractors to maintain minimum limits of no less than $1,000,000 per occurrence. The state of
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Washington, its agents, officers, and employees need not be named as additional insureds under E
these policies.
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GRANTEES and Local Governments that Participate in a Self-Insurance Program.
Self-Insured/Liability Pool or Self-Insured Risk Management Program —With prior approval from
COMMERCE, the GRANTEE 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
GRANTEE 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 E
programs or self-insured/liability pool financial reports must comply with Generally Accepted v
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 o
Washington State Auditor's annual instructions for financial reporting. GRANTEE's participating in
joint risk pools shall maintain sufficient documentation to support the aggregate claim liability E
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.
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GRANTEE shall provide annually to COMMERCE a summary of coverages and a letter of self M
insurance, evidencing continued coverage under GRANTEE's self-insured/liability pool or self-insured --
risk management program. Such annual summary of coverage and letter of self insurance will be c
provided on the anniversary of the start date of this Agreement. E
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Packet Pg. 53
4.B.a
Department of Commerce
Innovation is in our nature.
The LEED Certification Declaration
Is Required of All Capital Budget Projects o
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The 2005 Washington State Legislature or conditioned space; or N
passed a law that may require our grant recipients ■ facilities such as transmitter buildings; d
to comply with what has been termed"high- pumping stations;hospitals;research facilities
performance"or"green"building standards primarily used for laboratory experimentation, `o
(RCW 39.35D). research, or training in research methods; or
The goal is for major construction or similar building types. m
renovation projects receiving state funds to be E
built to the LEED silver standard where
"practicable." LEED(which stands forExempt
2: `Not practicable' a
Leadership in Energy and Environmental Design) We may exempt grantees who demonstrate
is a certification program run by the U.S. Green that it would be"not practicable"for them to meet
Building Council. the LEED silver standard. However,we are not
According to the American Institute of permitted to offer this solely because of cost-or
Architects,high-performance buildings are timing-related issues. If your project(or the phase E
cheaper to operate, save water and energy, and of the project you applied for) does not include c
improve worker performance. any construction or renovation of a building or v
These building principles offer the most facility,you may request this exemption. If you
savings when incorporated early in the design are seeking a"not practicable"exemption,in the
process. That's why we strongly encourage you declaration form you will need to provide a E
to talk with your architect as soon as possible. rationale for your request(your architect may be Q.
The first issue you may wish to explore is helpful here). C
whether your project is required to meet the
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LEED silver standard. The law offers two types
of exemptions.
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Exemption 1: Facilitytypes E
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Four facility types are exempt: a,
■ acquisition-only projects; Q
■ new construction less than 5,000 gross
square feet of occupied or conditioned space as
defined by the Washington State Energy Code; c
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■ renovation projects whose costs are less E
than 50 percent of the facility's assessed value or
are less than 5,000 gross square feet of occupied
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Packet Pg. 54
4.B.a
Department of Commerce
Innovation i in our nature.
LEED Certification Declaration
Capital Budget Grant Programs E
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Directions: All recipients of state Capital Budget grants are required to fill out this form Please type your responses in the a
electronic version of this fo74 and then have it signed by both your architect(if applicable)and the person who is authorized to sign E
contracts for your organization.
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Project Name: a�
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Organization: CY
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Date Submitted:
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STEP 1: Is . . y
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1.1 Does your project only involve a land acquisition and does not include any construction or renovation of a building or facility?
If Yes,you are exempt and you may skip to Step 4 and sign the form
Yes❑ No❑ 0
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1.2 Does your project involve construction or major renovations to a project that does not include a structure or building(i.e.water E
distribution,sewer collection or transportation system)? o
Yes❑ No❑ 4-
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1.3 If your project is a new construction,is it less than 5,000 gross square feet of occupied or conditioned spacer? W
Yes❑ No❑ If Yes,Mat is the square footage?
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1.4 If your project is a renovation, is it less than 50 percent of the facility's assessed value2,or less than 5,000 gross square feet of o
occupied or conditioned space? Yes❑ No❑ o
If Yes,what is the renovation total budget? $ What is the facllitys assessed value? $ M
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1.5 Is your facility a transn itter building,pumping station, hospital,or research facllity3? Yes❑ No❑
Is it a sirrilar building type? Yes❑ No❑ aEi
If Yes,describe:
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You are exempt if you answered Yes to ANY question in Step 1. If you are exempt,you may skip Steps 2 and 3,but please p
fill out Step 4 and sign the form
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STEP 2: Is meeting the
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The Department of Commerce may exempt state Capital Budget grant awardees W-io derronstrate that it would not be practicable for Q
them to meet the LEED silver standard. We are not permitted to offer this exemption solely because of cost or time constraints,but
we may if:
1 Goss square feet as defined by the Washi ngton State Energy Cade.
2 Assessed value includes the building and land.
3 Primarily used for sponsored laboratory experimentation,laboratory research,or laboratory training in research methods.
Page 1 LEED Certification Declaration
Packet Pg. 55
4.B.a
a. The project(or this phase of the project)does not involve the construction or renovation of a building or facility;
b. A renovation is piecemeal in nature;and/or
c. Unusual aspects of the building do not lend themselves to LEED standards.
2.1 Does your project(or this phase of the project)involve the construction or renovation of a building or facility? Yes❑ No❑
2.2 Has design begun? Yes❑ No❑ If Yes,date design began:
Percentage of pre-design or design complete: % E
Has construction begun? Yes❑ No❑ If Yes,date construction began: >
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Percentage of construction complete: % a
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2.3 V\b uild you like to apply for this exemption? Yes❑ No ❑ If Yes,please explain why.
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STEP3: Are
you • enter the LEED process 2' CY
3.1 Have you already entered the LEED certification process? Yes❑ No❑ As cf what date? ,o
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3.2 If you answered No to 3.1,were you planning to enter the LEED certification process? Yes❑ No❑ E
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3.3 If you are entering the LEED process,what standard are you attempting to reach? Q
Certified❑ Silver❑ Gold❑ Platinum❑
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STEP 4:
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Certification of LEED Declaration, L
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Grantee Representative's Name: �o
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Title: 0
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Signature: E
Date: a
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Phone: Email:
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Project Location(if different from above):
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Applicant Architect's Name:
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Signature: E
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The Grantee and its architect,by the above signatures,certify that all of the information provided in this LEED Certification
Declaration is accurate and complete to the best of their knowledge. The Grantee understands that The Department of Commerce
staff may independently verify information provided,and that the discovery of incomplete,false,and/or misleading infommation is
grounds for withholding awarded funds.
Page 2 LEED Certification Dedaration
Packet Pg. 56
4.0
PUBLIC WORKS COMMITTEE
Chad Bieren, P.E.
220 Fourth Avenue South
KENT Kent, WA 98032
WASHINGTON 253-856-5500
DATE: December 5, 2022
TO: Public Works Committee
SUBJECT: INFO ONLY: Snow and Ice Preparation
SUMMARY: Staff will present information on our annual Snow and Ice Response
Preparedness. The information provided will inform the committee on the City's
plan to respond to severe winter weather.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
Packet Pg. 57
4.D
PUBLIC WORKS COMMITTEE
Chad Bieren, P.E.
220 Fourth Avenue South
KENT Kent, WA 98032
WASHINGTON 253-856-5500
DATE: December 5, 2022
TO: Public Works Committee
SUBJECT: INFO ONLY: Pollinator Gardens
SUMMARY: Staff will present an update on pollinator gardens. This presentation
will include a summary of the pilot program and proposed locations of the sites to
be planted in 2023.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
Packet Pg. 58
4.E
PUBLIC WORKS COMMITTEE
Chad Bieren, P.E.
220 Fourth Avenue South
KENT Kent, WA 98032
WASHINGTON 253-856-5500
DATE: December 5, 2022
TO: Public Works Committee
SUBJECT: INFO ONLY: Solid Waste Litter Crew Update
SUMMARY: Staff will give a brief report on the Solid Waste Litter Crew's
accomplishments over the last year. This report will include various activities and
groups involved in this program.
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
Packet Pg. 59