AG 17-177RETURN TO: PW ADMIN EXT: 2700 ID #: 13 00
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT/DIV: PUBLIC WORKS /
if- �e� kA kI V EXT: 3. DATE REQ. BY: f I -7 -17
2. ORIGINATING STAFF PERSON: 0 Q S I
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3. TYPE OF DOCUMENT (CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG
❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
❑ ORDINANCE ❑ RESOLUTION
❑ CONTRACT AMENDMENT (AG #): ❑ INTERLOCAL
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4. PROJECT NAME: Lx..-I) 1 � JQ.e� 1_,i-
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5. NAME OF CONTRACTOR: 1� D d- l G�, �1il ylit 0A.--c -C-
ADDRESS: �.C. (X'X 4 LJ 2- S- () C yvio % r� (,taw Qi' -, 5 - 2)S-2-5- TELEPHONE: C0 --125.- 110415-
E -MAIL: •koyWI a S•h Vz_ %a CCWIvvItrce, caJc�.0c n FAX:
SIGNATURE NAME: Ma..krV` 1[2x, v' LCAV c.1 TITLE: PSS4 -- D IY2C 17V'
6. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE FALL OTHER
REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS
CFW LICENSE # BL, EXP. 12/31/ UBI # , EXP. /_
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7. TERM: COMMENCEMENT DATE: ( 9Inwi - rL COMPLETION DATE: ciliNu2._ gO) 2-c-L. 9
6I/j,a- 'r C 1111:j
8. TOTAL COMPENSATION: $ "? , <X 0 O 0 (INCLUDE EXPENSES AND SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE. '&A❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED: (1IG` YES ❑ O IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY
RETAINAGE: RETAINAGE AMOUNT: / /L ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED
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❑ PURCHASING: PLEASE CHARGE TO: ti(C--
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9. DOCUMENT / CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED
,, PROJECT MANAGER
DNISION MANAGER r
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DEPUTY DIRECTOR l 1l rr gi(Ng/
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10. COUNCIL APPROVAL OF APPLICABLE/) COOM'MITTEE APPROVAL DATE: 1 COUNCIL APPROVAL DATE: •
11. CONTRACT SIGNATURE ROUTING C J1 1 r p ! l
SENT TO VENDOR/CONTRACTOR DATE SENT: 1 I /1 1 L 7 DATE REC'D: -
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE
(INCLUDE DEPT. SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.)
INITIAL / DATE SIGNED
❑ FINANCE DEPARTMENT
❑ AW DEPT
SIGNATORY (MAYOR OR DIRECTOR) 4' .!sa/!>/zor c
❑ CITY CLERK q 11 1 Mel
ASSIGNED AG # AG# ��
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IGNED COPY RETURNED DATE SENT. 1 , 2U'g � '1
❑ RETURN ONE ORIGINAL 1 I
COMMENTS:
EXECUTE " " ORIGINALS
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4/2017
Department of Commerce
Innovation is in our nature.
Interagency Agreement with
City of Federal Way
through
2015 -2017 Round Two Energy Efficiency and Solar Grants
for Higher Education, Local Governments, State Agencies and
Washington K -12 Public School Districts
Start date: Upon Final Signature
Washington State Department of Commerce
www.commerce.wa.gov
TABLE OF CONTENTS
Face Sheet 1
Special Terms and Conditions 2
1. Grant Management 2
2. Compensation 2
3. Expenditures Eligible for Reimbursement 2
4. Billing Procedures and Payment 3
5. Insurance 3
6. Order of Precedence 4
7. This Section Intentionally Deleted 5
8. Ongoing Measurement & Verification 5
9. Reappropriation 8
General Terms and Conditions 1
1. Definitions 1
2. Advanced Payments Prohibited 1
3. All Writings Contained Herein 1
4. Amendments 1
5. Americans with Disabilities Act (ADA) 1
6. Approval 1
7. Assignment 1
8. Attorney's Fees 2
9. Audit 2
10. Confidentiality /Safeguarding of Information 2
11. Conformance 3
12. Copyright Provisions 3
13. Disputes 4
14. Duplicate Payment 4
15. Ethics /Conflicts of Interest 4
16. Governing Law and Venue 4
17. Indemnification 4
18. Independent Capacity of the Grantee 5
19. Industrial Insurance Coverage 5
20. Laws 5
21. Licensing, Accreditation and Registration 5
22. Limitation of Authority 6
23. Noncompliance With Nondiscrimination Laws 6
24. Political Activities 6
25. Prohibition Against Payment of Bonus or Commission 6
26. Publicity 6
27. Recapture 6
28. Records Maintenance 6
29. Registration With Department of Revenue 7
30. Right of Inspection 7
31. Savings 7
32. Severability 7
33. Subcontracting 7
34. Survival 8
35. Taxes 8
36. Termination for Cause /Suspension 8
37. Termination for Convenience 8
38. Termination Procedures 8
39. Waiver 9
(over)
Attachment A, Scope of Work
Attachment B, Total Project Budget
Attachment C, Availability of Funds
Attachment D, Certification of Prevailing Wages
CONTRACT FACE SHEET
Grant Number: 17- 96608 -240
Washington State Department of Commerce
Local Government Division
COMMUNITY CAPITAL FACILITIES UNIT
1. Grantee
City of Federal Way
33325 8th Avenue South
Federal Way, Washington 98003
2. Grantee Doing Business As (optional)
3. Grantee Representative
Desiree Winkler
Deputy Public Works Director
253- 835 -2711
desiree .wnkler @citvoffederalway.com
4. COMMERCE Representative
Tom Stilz
Program Manager P.O. Box 42525
360- 725 -4045 1011 Plum Street SE
tom.stilz(2 commerce.wa.gov Olympia, WA 98504 -2525
5. Grant Amount
$350,000.00
6. Funding Source
Federal: ❑ State: /1 Other: ❑ N /A: ❑
7. Start Date
Upon Final
Signature
8. End Date
June 30, 2019
9. Federal Funds (as applicable) Federal Agency CFDA Number
N/A N/A N/A
10. Tax ID#
N/A
11. SWV#
0015957 -00
12. UBI#
N/A
13. DUNS#
N/A
14. Grant Purpose
The purpose of this contract is to provide Washington's public higher education institutions, Local agencies, state agencies and K -12
public school districts with grant funds for operational cost savings improvements that result in energy and operational cost savings
in accordance with Second Engrossed House Bill 1115, Section 1035, (Chapter 3, Laws of 2015, 2015 3rd Special Session) and re-
appropriation ESSB 5965, Section 1023 (Chapter 4, Laws of 2017, 2017 3`d Special Session).
COMMERCE, defined as the Department of Commerce or its successor agency, and the Grantee, as defined above, acknowledge
and accept the terms of this Agreement and attachments and have executed this Agreement on the date below to start as of the date
and year referenced above. The rights and obligations of both parties to this Grant are governed by this Grant and the following
other documents incorporated by reference: Agreement Terms and Conditions including Attachment "A" — Scope of Work,
Attachment `B" — Total Project Budget, Attachment "C" — Certification of Availability of Funds to Complete the Project,
Attachment "D" — Certification of the Payment and Reporting of Prevailing Wages.
FOR GRANTEE
FOR THE DEPARTMENT OF COMMERCE
Mark K Barkley, Assistant b irector
Local ovemment Divisio
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Jim el1,May r
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Date
APPROVED AS TO FORM ONLY
Print Name
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Title
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Sandra C. Adix, Assistant Attorney General
Date August 2, 2017
Date
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
THIS CONTRACT, entered into by and between City of Federal Way (hereinafter referred to as the
Grantee), and the Washington State Department of Commerce (hereinafter referred to as COMMERCE),
WITNESSES THAT:
WHEREAS, COMMERCE has the statutory authority under RCW 43.330.050 (5) to cooperate
with and provide assistance to local governments, businesses, and community -based
organizations; and
WHEREAS, COMMERCE is also given the responsibility to administer state funds and programs
which are assigned to COMMERCE by the Governor or the Washington State Legislature; and
WHEREAS, the Washington State Legislature has made an appropriation in Second Engrossed
House Bill 1115, Section 1035, (Chapter 3, Laws of 2015, 2015 3rd Special Session) and re-
appropriation ESSB 5965, Section 1023 (Chapter 4, Laws of 2017, 2017 3rd Special Session to
support the 2015 -2017 Energy Efficiency and Solar Grants for state public educational facilities,
local governments, state agencies, and K -12 public school districts, and directed COMMERCE to
administer those funds; and
WHEREAS, the enabling legislation also stipulates that the Grantee is eligible to receive funding
for acquisition, construction, or rehabilitation (a venture hereinafter referred to as the "Project ").
NOW, THEREFORE, in consideration of covenants, conditions, performances, and promises hereinafter
contained, the parties hereto agree as follows:
1. 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 Agreement.
The Representative for COMMERCE and their contact information are identified on the Face
Sheet of this Agreement.
The Representative for the Grantee and their contact information are identified on the Face Sheet
of this Agreement.
2. COMPENSATION
COMMERCE shall pay an amount not to exceed $350,000.00 for the performance of all things
necessary for or incidental to the performance of work as set forth in the Scope of Work.
3. EXPENDITURES ELIGIBLE FOR REIMBURSEMENT
The Grantee may be reimbursed, at the rate set forth elsewhere in this contract, for work completed
beginning July 1, 2015. Eligible project expenditures are in the following cost categories:
A. Design, engineering, architectural, planning services and nongrantee overhead and profit;
B. Construction management and observation (from external sources only);
C. Construction costs including, but not limited to, the following:
Demolition;
Site preparation;
Permits and fees;
Labor and materials;
Taxes on Project goods and services;
Capitalized equipment;
Information technology infrastructure; and
Landscaping.
2
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
4. BILLING PROCEDURES AND PAYMENT
COMMERCE shall reimburse the Grantee for 100% of eligible Project expenditures, up to the
maximum payable under this contract. When requesting reimbursement for expenditures made, the
Grantee shall submit to COMMERCE a signed and completed Invoice Voucher (Form A -19), that
documents capitalized Project activity performed — by budget line item — for the billing period.
The Grantee shall evidence the costs claimed on each voucher by including copies of each invoice
received from vendors providing Project goods or services covered by the contract. The Grantee
shall also provide COMMERCE with a copy of the cancelled check or electronic funds transfer, as
applicable, confirming that they have paid each expenditure being claimed. The cancelled checks or
electronic funds transfers may be submitted to COMMERCE at the time the voucher is initially
submitted, or within thirty (30) days thereafter.
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 contract, or within fifteen (15) days following the end of the state
biennium unless contract funds are reappropriated by the Legislature in accordance with Section 9,
hereof.
Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after
receipt of properly completed invoices.
Project Status Report
Each request for payment must be accompanied by a Project Status Report, which describes, in
narrative form, the progress made on the Project since the last invoice was submitted, as well as a
report of Project status to date. 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.
Advance Payments
No payments in advance or in anticipation of services or supplies to be provided under this
Agreement shall be made by COMMERCE.
Duplication of Billed Costs
The Grantee shall not bill COMMERCE for services performed under this Agreement, and
COMMERCE shall not pay the Grantee, if the Grantee is entitled to payment or has been or will be
paid by any other source, including grants, for that service.
Disallowed Costs
The Grantee is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its subcontractors.
Termination
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 condition of
this Grant.
5. INSURANCE
The Grantee shall provide insurance coverage as set out in this section. The intent of the required
insurance is to protect the state should there be any claims, suits, actions, costs, damages or
expenses arising from any loss, or negligent or intentional act or omission of the Grantee or
Subgrantee /subcontractor, or agents of either, while performing under the terms of this Grant.
The insurance required shall be issued by an insurance company authorized to do business within
the state of Washington. Except for Professional Liability or Errors and Omissions Insurance, the
insurance shall name the state of Washington, its agents, officers, and employees as additional
3
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
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, non - renewal or modification.
The Grantee shall submit to COMMERCE within fifteen (15) calendar days of the Grant start date, a
certificate of insurance which outlines the coverage and limits defined in this insurance section.
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.
The Grantee shall provide insurance coverage that shall be maintained in full force and effect during
the term of this Grant, as follows:
Commercial General Liability Insurance Policy. Provide a Commercial General Liability
Insurance Policy, including contractual liability, written on an occurrence basis, in adequate
quantity to protect against legal liability arising out of Grant activity but no less than $1,000,000
per occurrence. Additionally, the Grantee is responsible for ensuring that any
Subgrantee /subcontractor provide adequate insurance coverage for the activities arising out of
subgrants /subcontracts.
Automobile Liability. In the event that performance pursuant to this Grant involves the use of
vehicles, owned or operated by the Grantee or its Subgrantee /subcontractor, automobile liability
insurance shall be required. The minimum limit for automobile liability is $1,000,000 per
occurrence, using a Combined Single Limit for bodily injury and property damage.
Grantees 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 programs or self -
insured /liability pool financial reports must comply with Generally Accepted Accounting Principles
(GAAP) and adhere to accounting standards promulgated by: 1) Governmental Accounting
Standards Board (GASB), 2) Financial Accounting Standards Board (FASB), and 3) the
Washington State Auditor's annual instructions for financial reporting. Contractor's participating
in joint risk pools shall maintain sufficient documentation to support the aggregate claim liability
information reported on the balance sheet. The state of Washington, its agents, and employees
need not be named as additional insured under a self- insured property /liability pool, if the pool isl
prohibited from naming third parties as additional insured.
Grantee shall provide annually to COMMERCE a summary of coverages and a letter of self
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 provided on the anniversary of the start date of this Agreement.
6. ORDER OF PRECEDENCE
In the event of an inconsistency in this Agreement, the inconsistency shall be resolved by giving
precedence in the following order:
• Applicable federal and state of Washington statutes and regulations
• Special Terms and Conditions
• General Terms and Conditions
• Attachment A — Scope of Work
• Attachment B — Budget
• Attachment C — Certification of the Availability of Funds to Complete the Project
• Attachment D — Certification of the Payment and Reporting of Prevailing Wages
4
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
7. THIS SECTION INTENTIONALLY DELETED
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8. ONGOING MEASUREMENT & VERIFICATION
Measurement and Verification of Energy Savings (ESPC — Energy Savings Performance
Contracting Projects)
After the Project has been completed and the Notice of the Commencement of Energy Savings has
been issued, ongoing measurement and verification (M &V) begins, in order to verify that the
guaranteed energy savings occurs.
The required length of M &V is three (3) years. However, Grantees are encouraged to have M &V
performed for the length of the financing term to extend the energy savings or generation guaranteed
for the Project. The proposed length of the ongoing M &V period should be identified in the Energy
Services Proposal (ESP).
The Grantee shall submit an annual M &V Report to Commerce by February 15th of each year for the
prior calendar year until all measurement and verification requirements have been satisfied.
Each M &V Report shall include:
1. An executive summary that gives a brief description of the energy efficiency or solar measures
identified and if the guaranteed energy savings or generation were achieved;
2. The report shall include the following:
a. Calculation of the energy savings or generation verified for each measure.
b. A brief description of any changes to the subject facilities. If these changes have an
impact on the verified energy savings or generation, this needs to be identified and the
impact calculated.
c. Any other deliverables that were proposed, such as greenhouse gas reduction
calculations or budding energy performance benchmarks.
d. All physical measurements that were performed (i.e., boiler combustion test results,
motor runtime logs). If necessary, these can be attached via appendix to the main report.
e. A list of remedies the Energy Services Company (ESCO) will provide if the guaranteed
savings or generation are not being met. Specify whether and by when the physical
aspects of the project that led to the loss of savings or generation will be corrected.
Specify how the ESCO will reimburse the Grantee for the identified differences between
the verified and guaranteed level of savings or generation. Specify the timing of when the
ESCO will make the reimbursement to the Grantee.
5
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
The guaranteed minimum energy savings or generation identified in the ESP and the verified actual
energy savings or generation should be identified in tabular form for easy reference by the Grantee
and COMMERCE. The energy savings or generation should be:
1. Identified in the native unit of measure for each utility commodity, such as kWh or Therms for
both guaranteed and verified energy savings;
2. Translated into utility bill dollar savings; and
3. Denoted in dollars, using the energy rates in effect at the time the ESP was prepared.
If the Grantee can demonstrate to COMMERCE that the energy efficiency energy savings' value is small
compared to the cost of doing annual M &V, the Grantee maybe able to amend their contract's M &V
period to one (1) year.
COMMERCE reserves the right to recapture all of the grant funds if the project does not provide their
M &V report in a timely manner (within a few months after the one year date of completion).
Measurement and Verification of Energy Savings (Non -ESPC Proiects)
Projects that do not use Energy Savings Performance Contracting are also required to do M &V for
three (3) years. However, Grantees are encouraged to have M &V performed for the length of the
financing term to extend the energy savings or generation guaranteed for the Project. The proposed
length of the ongoing M &V period should be identified in the Investment Grade Audit or ESP.
M &V reports must follow the Department of Enterprise Services (DES) energy savings performance
contracting project guidelines.
Third -party verification must be performed by one of the following:
1. An energy savings performance contractor selected by DES through a request for qualifications;
2. A licensed engineer that is a certified energy manager;
3. A project resource conservation manager; or
4. An educational service district resource conservation manager or
5 An utility representative.
The Grantee shall submit an annual M &V Report to COMMERCE by February 15th of each year for
the prior calendar year until all M &V requirements have been satisfied.
Each Measurement and Verification Report shall include:
1. An executive summary that gives a brief description of the energy efficiency or solar measures
identified and if the estimated energy savings or generation were achieved;
2. The report shall include the following:
a. Calculation of the energy savings or generation verified for each measure.
b. A brief description of any changes to the subject facilities. If these changes have an
impact on the verified energy savings or generation, this needs to be identified and the
impact calculated.
c. Any other deliverables that were proposed, such as greenhouse gas reduction
calculations or building energy performance benchmarks.
d. All physical measurements that were performed (i.e., boiler combustion test results,
motor runtime Togs). If necessary, these can be attached via appendix to the main report.
The estimated energy savings or generation identified in the final Investment Grade Audit or ESP and
the verified energy savings or generation should be identified in tabular form for easy reference by the
Grantee and Commerce. The energy savings or generation should be:
1. Identified in the native unit of measure for each utility commodity, such as kWh or Therms for
both estimated and verified energy savings;
6
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
2. Translated into utility bill dollar savings; and
3. Denoted in dollars, using the energy rates in effect at the time of the report was completed.
If the Grantee can demonstrate to COMMERCE that the energy efficiency energy savings' value is small
compared to the cost of doing annual M &V, the Grantee maybe able to amend their contract's M &V
period to one (1) year.
COMMERCE reserves the right to recapture all of the grant funds if the project does not provide their
M &V report in a timely manner (within a few months after the one year date of completion).
Measurement and Verification of Energy Savings for Municipal Street Lighting and School
District Lighting Projects
After the Project has been completed and the Notice of the Commencement of Energy Savings has
been issued, ongoing measurement and verification (M &V) begins, in order to verify that the
guaranteed energy savings occurs.
The required length of M &V is one (1) year. However, Grantees are encouraged to have M &V
performed for the length of the financing term to extend the energy savings guaranteed for the
Project. The proposed length of the ongoing M &V period should be identified in the utility lighting
spread sheets.
The Grantee shall submit an annual Measurement and Verification Report to Commerce by February
15th of each year for the prior calendar year until all M &V requirements have been satisfied
Each Measurement and Verification Report shall include:
1. An executive summary that gives a brief description of the municipal street lighting or the school
district lighting measures identified and if the estimated energy savings were achieved;
2. The report shall include the following:
a. Installation M &V:
Fixture Watts: The contactor shall measure the total watts of a sample of the existing fixtures
and the replacement fixtures. For each fixture type and size, five percent of the fixtures shall
be included in the sample. It is recommended that a third party representing the owner
observe some of the testing.
Control Operation: A functional test protocol for the lighting control system which clearly
describes the individual systematic test procedures, the expected systems' response or
acceptance criteria for each procedure shall be developed and provided to the installing
electrician. At a minimum, the contractor shall implement the test protocol on no less than
five percent of the controls. It is recommended that a third party representing the owner
observe some of the testing.
Energy Use Compared to Proposed Energy Use: Provide documentation of the actual
energy use compared to the proposed energy use and cost.
b. Annual M &V:
Fixture performance: Report the annual maintenance required to maintain fixture operation
and energy savings. Including fixture failure rates or other required maintenance.
7
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
Control changes and performance: Report changes in the control strategies that increase or
decrees energy use. Report the annual maintenance required to maintain control operation
and the energy savings.
Energy Use Compared to Proposed Energy Use: Provide documentation of the actual
energy use compared to the proposed energy use, demand and cost.
M &V reports must follow the Department of Enterprise Services (DES) energy savings performance
contracting project guidelines.
Third -party verification must be performed by one of the following:
1. An energy savings performance contractor selected by DES through a request for qualifications;
2. A licensed engineer that is a certified energy manager;
3. A project resource conservation manager;
4. An educational service district resource conservation manager or
5. A utility representative.
COMMERCE reserves the right to recapture all of the grant funds if the project does not provide their
M &V report in a timely manner (within a few months after the one year date of completion).
9. REAPPROPRIATION
A. The parties hereto understand and agree that any state funds not expended by June 30, 2019,
will lapse on that date unless specifically reappropriated by the Washington State Legislature. If
funds are so reappropriated, the state's obligation under the terms of this contract shall be
contingent upon the terms of such reappropriation.
B. In the event any funds awarded under this contract are reappropriated for use in a future
biennium, COMMERCE reserves the right to assign a reasonable share of any such
reappropriation for administrative costs.
8
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
1. DEFINITIONS
As used throughout this Agreement, the following terms shall have the meaning set forth below:
A. "Authorized Representative" shall mean the Director and /or the designee authorized in writing to
act on the Director's behalf.
B. "COMMERCE" shall mean the Department of Commerce or its successor agency.
C. "Grantee" shall mean the entity identified on the face sheet performing service(s) under this
Agreement, and shall include all employees and agents of the Grantee.
D. "Personal Information" shall mean information identifiable to any person, including, but not limited
to, information that relates to a person's name, health, finances, education, business, use or
receipt of governmental services or other activities, addresses, telephone numbers, social
security numbers, driver license numbers, other identifying numbers, and any financial identifiers.
E. "State" shall mean the state of Washington.
F. "Subcontractor" shall mean one not an employee of the Grantee, who is performing all or part of
those services under this Agreement under a separate Agreement with the Grantee. The terms
"subcontractor" and "subcontractors" mean subcontractor(s) in any tier.
2. ADVANCE PAYMENTS PROHIBITED
No payments in advance of or in anticipation of goods or services to be provided under this
Agreement shall be made by COMMERCE.
3. ALL WRITINGS CONTAINED HEREIN
This Agreement contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to
exist or to bind any of the parties hereto.
4. AMENDMENTS
This Agreement may be amended by mutual agreement of the parties. Such amendments shall not
be binding unless they are in writing and signed by personnel authorized to bind each of the parties.
5. 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.
6. APPROVAL
This Agreement shall be subject to the written approval of COMMERCE's Authorized Representative
and shall not be binding until so approved. The Agreement may be altered, amended, or waived only
by a written amendment executed by both parties.
7. ASSIGNMENT
Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned
by the Grantee without prior written consent of COMMERCE.
1
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
8. ATTORNEYS' FEES
Unless expressly permitted under another provision of the Agreement, in the event of litigation or
other action brought to enforce Agreement terms, each party agrees to bear its own attorney's fees
and costs.
9. AUDIT
A. General Requirements
Contractors are to procure audit services based on the following guidelines.
The Contractor shall maintain its records and accounts so as to facilitate audits and shall ensure
that Subcontractors also maintain auditable records.
The Contractor is responsible for any audit exceptions incurred by its own organization or that of
its Subcontractors.
COMMERCE reserves the right to recover from the Grantee all disallowed costs resulting from
the audit.
Responses to any unresolved findings and disallowed or questioned costs shall be included with
the audit report. The Contractor must respond to COMMERCE requests for information or
corrective action concerning audit issues within thirty (30) days of the date of request.
B. State Funds Requirements
In the event an audit is required, if the Contractor is a state or local government entity, the Office
of the State Auditor shall conduct the audit. Audits of non - profit organizations are to be
conducted by a certified public accountant selected by the Contractor.
The Contractor shall include the above audit requirements in any subcontracts.
In any case, the Contractor's records must be available for review by COMMERCE.
C. Documentation Requirements
The Contractor must send a copy of any audit report no later than nine (9) months after the end of
the Contractor's fiscal year(s) by sending a scanned copy to auditreview(c�commerce.wa.gov or a
hard copy to:
Department of Commerce
ATTN: Audit Review and Resolution Office
1011 Plum Street SE
PO Box 42525
Olympia WA 98504 -2525
In addition to sending a copy of the audit, when applicable, the Grantee must include:
• Corrective action plan for audit findings within three (3) months of the audit being
received by COMMERCE.
• Copy of the Management Letter and Management Decision Letter, where applicable.
If the Contractor 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.
10. CONFIDENTIALITY /SAFEGUARDING OF INFORMATION
A. "Confidential Information" as used in this section includes:
1. All material provided to the Grantee by COMMERCE that is designated as "confidential" by
COMMERCE;
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GENERAL TERMS AND CONDITIONS
GENERAL GRANT
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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
a person's name, health, finances, education, business, use of government services,
addresses, telephone numbers, social security number, driver's license number and other
identifying numbers, and "Protected Health Information" under the federal Health Insurance
Portability and Accountability Act of 1996 (HIPAA).
B. The 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 solely for
the purposes of this Agreement and shall not use, share, transfer, sell or disclose any
Confidential Information to any third party except with the prior written consent of COMMERCE or
as may be required by law. The 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 confidentiality.
COMMERCE may require changes to such policies and procedures as they apply to this
Agreement whenever the Grantor reasonably determines that changes are necessary to prevent
unauthorized disclosures. The Grantee shall make the changes within the time period specified
by COMMERCE. Upon request, the Grantee shall immediately return to COMMERCE any
Confidential Information that COMMERCE reasonably determines has not been adequately
protected by the Grantee against unauthorized disclosure.
C. Unauthorized Use or Disclosure. The Grantee shall notify COMMERCE within five (5) working
days of any unauthorized use or disclosure of any confidential information, and shall take
necessary steps to mitigate the harmful effects of such use or disclosure.
11. CONFORMANCE
If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is
considered modified to conform to that statute or rule of law.
12. COPYRIGHT PROVISIONS
Unless otherwise provided, all Materials produced under this Agreement shall be considered "works
for hire" as defined by the U.S. Copyright Act and shall be owned by the Grantor. COMMERCE shall
be considered the author of such Materials. In the event the Materials are not considered "works for
hire" under the U.S. Copyright laws, the Grantee hereby irrevocably assigns all right, title, and interest
in all Materials, including all intellectual property rights, moral rights, and rights of publicity to
COMMERCE effective from the moment of creation of such Materials.
"Materials" means all items in any format and includes, but is not limited to, data, reports, documents,
pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes,
and /or sound reproductions. "Ownership" includes the right to copyright, patent, register and the
ability to transfer these rights.
For Materials that are delivered under the Agreement, but that incorporate pre- existing materials not
produced under the Agreement, the Grantee hereby grants to COMMERCE a nonexclusive, royalty -
free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce,
distribute, prepare derivative works, publicly perform, and publicly display. The Grantee warrants and
represents that the Grantee has all rights and permissions, including intellectual property rights, moral
rights and rights of publicity, necessary to grant such a license to COMMERCE.
The Grantee shall exert all reasonable effort to advise COMMERCE, at the time of delivery of
Materials furnished under this Agreement, of all known or potential invasions of privacy contained
therein and of any portion of such document which was not produced in the performance of this
Agreement. The Grantee shall provide COMMERCE with prompt written notice of each notice or
claim of infringement received by the Grantee with respect to any Materials delivered under this
3
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
Agreement. COMMERCE shall have the right to modify or remove any restrictive markings placed
upon the Materials by the Grantee.
13. DISPUTES
Except as otherwise provided in this Agreement, when a dispute arises between the parties and it
cannot be resolved by direct negotiation, either party may request a dispute hearing with
COMMERCE's Director, who may designate a neutral person to decide the dispute.
The request for a dispute hearing must:
• be in writing;
• state the disputed issues;
• state the relative positions of the parties;
• state the Grantee's name, address, and Agreement number; and
• be mailed to the Director and the other party's (respondent's) Agreement Representative
within three (3) working days after the parties agree that they cannot resolve the dispute.
The respondent shall send a written answer to the requestor's statement to both the Director or the
Director's designee and the requestor within five (5)] working days.
The Director or designee shall review the written statements and reply in writing to both parties within
ten (10) working days. The Director or designee may extend this period if necessary by notifying the
parties.
The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding.
The parties agree that this dispute process shall precede any action in a judicial or quasi - judicial
tribunal.
Nothing in this Agreement shall be construed to limit the parties' choice of a mutually acceptable
alternate dispute resolution (ADR) method in addition to the dispute hearing procedure outlined
above.
14. DUPLICATE PAYMENT
The Grantee certifies that work to be performed under this Agreement does not duplicate any work to
be charged against any other Agreement, subcontract, or other source.
15. ETHICS /CONFLICTS OF INTEREST
In performing under this Agreement, the Grantee shall assure compliance with the Ethics in Public
Service Act (Chapter 42.52 RCW) and any other applicable state or federal law related to ethics or
conflicts of interest.
16. GOVERNING LAW AND VENUE
This Agreement shall be construed and interpreted in accordance with the laws of the state of
Washington, and the venue of any action brought hereunder shall be in the Superior Court for
Thurston County.
17. INDEMNIFICATION
To the fullest extent permitted by law, the Grantee shall indemnify, defend, and hold harmless the
state of Washington, COMMERCE, all other agencies of the state and all officers, agents and
employees of the state, from and against all claims or damages for injuries to persons or property or
death arising out of or incident to the Grantee's performance or failure to perform the Agreement.
The Grantee's obligation to indemnify, defend, and hold harmless includes any claim by the Grantee's
agents, employees, representatives, or any Subcontractor or its agents, employees, or
representatives.
4
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
The Grantee's obligation to indemnify, defend, and hold harmless shall not be eliminated by any
actual or alleged concurrent negligence of the state or its agents, agencies, employees and officers.
Subcontracts shall include a comprehensive indemnification clause holding harmless the Grantee,
COMMERCE, the state of Washington, its officers, employees and authorized agents.
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.
18. INDEPENDENT CAPACITY OF THE GRANTEE
The parties intend that an independent contractor relationship will be created by this Contract. The
employees or agents of Grantee shall continue to be employees or agents of that party and shall not
be considered for any purpose to be employees or agents of Commerce. The Grantee will not hold
itself out as or claim to be an officer or employee of COMMERCE 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.
19. 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
owed by the Grantee to the accident fund from the amount payable to the Grantee by COMMERCE
under this 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 rights to collect from
the Grantee.
20. LAWS
The Grantee shall comply with all applicable laws, ordinances, codes, regulations and policies of local
and state and federal governments, as now or hereafter amended including, but not limited to:
Washington State Laws and Regulations
A. Affirmative action, RCW 41.06.020 (11).
B. Boards of directors or officers of non - profit corporations — Liability - Limitations, RCW 4.24.264.
C. Disclosure- campaign finances - lobbying, Chapter RCW 42.17A.
D. Discrimination -human rights commission, Chapter 49.60 RCW.
E. Ethics in public service, Chapter 42.52 RCW.
F. Office of minority and women's business enterprises, Chapter 39.19 RCW and Chapter 326 -02
WAC.
G. Open public meetings act, Chapter 42.30 RCW.
H. Public records act, Chapter 42.56 RCW.
1. State budgeting, accounting, and reporting system, Chapter 43.88 RCW.
21. LICENSING, ACCREDITATION AND REGISTRATION
The Grantee shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements or standards necessary for the performance of this Agreement.
5
A.
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
22. LIMITATION OF AUTHORITY
Only the Authorized Representative or Authorized Representative's designee by writing (designation
to be made prior to action) shall have the express, implied, or apparent authority to alter, amend,
modify, or waive any clause or condition of this Agreement.
23. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
During the performance of this Agreement, the Grantee shall comply with all federal, state, and local
nondiscrimination laws, regulations and policies. In the event of the Grantee's non - compliance or
refusal to comply with any nondiscrimination law, regulation or policy, this Agreement may be
rescinded, canceled or terminated in whole or in part, and the Grantee may be declared ineligible for
further Agreements with the state. 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.
24. POLITICAL ACTIVITIES
Political activity of Grantee employees and officers are limited by the State Campaign Finances and
Lobbying provisions of Chapter RCW 42.17A and the Federal Hatch Act, 5 USC 1501 - 1508.
No funds may be used under this Agreement for working for or against ballot measures or for or
against the candidacy of any person for public office.
25. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The funds provided under this Agreement shall not be used in payment of any bonus or commission
for the purpose of obtaining approval of the application for such funds or any other approval or
concurrence under this Agreement provided, however, that reasonable fees or bona fide technical
consultant, managerial, or other such services, other than actual solicitation, are not hereby
prohibited if otherwise eligible as project costs.
26. PUBLICITY
The Grantee agrees not to publish or use any advertising or publicity materials funded under or
arising out of the work under this Agreement in which the state of Washington or COMMERCE's
name is mentioned, or language used from which the connection with the state of Washington's or
COMMERCE's name may reasonably be inferred or implied, without the prior written consent of
COMMERCE.
27. RECAPTURE DISINCENTIVE
In the event that the Grantee fails to perform this Agreement in accordance with state laws, federal
laws, and /or the provisions of this Agreement, COMMERCE reserves the right to recapture funds in
an amount to compensate COMMERCE for the noncompliance in addition to any other remedies
available at law or in equity.
Repayment by the Grantee of funds under this recapture provision shall occur within the time period
specified by COMMERCE. in the alternative, COMMERCE may recapture such funds from payments
due under this Agreement.
28. RECORDS MAINTENANCE OUTPUT
The Grantee shall maintain all books, records, documents, data and other evidence relating to this
Agreement and performance of the services described herein, including but not limited to accounting
procedures and practices which sufficiently and properly reflect all direct and indirect costs of any
6
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
nature expended in the performance of this Agreement. Grantee shall retain such records for a
period of six years following the date of final payment.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the records
shall be retained until all litigation, claims, or audit findings involving the records have been finally
resolved.
29. REGISTRATION WITH DEPARTMENT OF REVENUE
If required by law, the Grantee shall complete registration with the Washington State Department of
Revenue.
30. RIGHT OF INSPECTION
At no additional cost all records relating to the Grantee's performance under this Agreement shall be
subject at all reasonable times to inspection, review, and audit by COMMERCE, the Office of the
State Auditor, and federal and state officials so authorized by law, in order to monitor and evaluate
performance, compliance, and quality assurance under this Agreement. The Grantee shall provide
access to its facilities for this purpose.
31. SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Agreement and prior to normal completion, COMMERCE may terminate
the Agreement under the "Termination for Convenience" clause, without the ten business day notice
requirement. In lieu of termination, the Agreement may be amended to reflect the new funding
limitations and conditions.
32. SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shall
be held invalid, such invalidity shall not affect the other provisions of this Agreement that can be given
effect without the invalid provision, if such remainder conforms to the requirements of law and the
fundamental purpose of this Agreement and to this end the provisions of this Agreement are declared
to be severable.
33. SUBCONTRACTING
The Grantee may only subcontract work contemplated under this Agreement if it obtains the prior
written approval of COMMERCE.
If COMMERCE approves subcontracting, the Grantee shall maintain written procedures related to
subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause,
COMMERCE in writing may: (a) require the Grantee to amend its subcontracting procedures as they
relate to this Agreement; (b) prohibit the Grantee from subcontracting with a particular person or
entity; or (c) require the Grantee to rescind or amend a subcontract.
Every subcontract shall bind the Subcontractor to follow all applicable terms of this Agreement. The
Grantee is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term
or condition of this Agreement. The Grantee shall appropriately monitor the activities of the
Subcontractor to assure fiscal conditions of this Agreement. In no event shall the existence of a
subcontract operate to release or reduce the liability of the Grantee to COMMERCE for any breach in
the performance of the Grantee's duties.
Every subcontract shall include a term that COMMERCE and the State of Washington are not liable
for claims or damages arising from a Subcontractor's performance of the subcontract.
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GENERAL TERMS AND CONDITIONS
GENERAL GRANT
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34. SURVIVAL
The terms, conditions, and warranties contained in this Agreement that by their sense and context are
intended to survive the completion of the performance, cancellation or termination of this Agreement
shall so survive.
35. TAXES
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.
36. TERMINATION FOR CAUSE / SUSPENSION DISINCENTIVE
In event COMMERCE determines that the Grantee failed to comply with any term or condition of this
Agreement, COMMERCE may terminate the Agreement in whole or in part upon written notice to the
Grantee. Such termination shall be deemed for cause." Termination shall take effect on the date
specified in the notice.
In the alternative, COMMERCE upon written notice may allow the Grantee a specific period of time in
which to correct the non - compliance. During the corrective - action time period, COMMERCE may
suspend further payment to the Grantee in whole or in part, or may restrict the Grantee's right to
perform duties under this Agreement. Failure by the Grantee to take timely corrective action shall
allow COMMERCE to terminate the Grant upon written notice to the Grantee.
"Termination for Cause" shall be deemed a "Termination for Convenience" when COMMERCE
determines that the Grantee did not fail to comply with the terms of the Agreement or when
COMMERCE determines the failure was not caused by the Grantee's actions or negligence.
If the Agreement is terminated for cause, the Grantee shall be liable for damages as authorized by
law, including, but not limited to, any cost difference between the original Agreement and the
replacement Agreement, as well as all costs associated with entering into the replacement
Agreement (i.e., competitive bidding, mailing, advertising, and staff time).
37. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Agreement COMMERCE may, by ten (10) business days written
notice, beginning on the second day after the mailing, terminate this Agreement, in whole or in part. If
this Agreement is so terminated, COMMERCE shall be liable only for payment required under the
terms of this Agreement for services rendered or goods delivered prior to the effective date of
termination.
38. TERMINATION PROCEDURES
After receipt of a notice of termination, except as otherwise directed by COMMERCE, the Grantee
shall:
A. Stop work under the Agreement on the date, and to the extent specified, in the notice;
B. Place no further orders or subcontracts for materials, services, or facilities related to the
Agreement;
C. Assign to COMMERCE all of the rights, title, and interest of the Grantee under the orders and
subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or
pay any or all claims arising out of the termination of such orders and subcontracts. Any attempt
by the Grantee to settle such claims must have the prior written approval of COMMERCE; and
D. Preserve and transfer any materials, Agreement deliverables and /or COMMERCE property in the
Grantee's possession as directed by COMMERCE.
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GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
Upon termination of the Agreement, COMMERCE shall pay the Grantee for any service provided by
the Grantee under the Agreement prior to the date of termination. COMMERCE may withhold any
amount due as COMMERCE reasonably determines is necessary to protect COMMERCE against
potential loss or liability resulting from the termination. COMMERCE shall pay any withheld amount
to the Grantee if COMMERCE later determines that loss or liability will not occur.
The rights and remedies of COMMERCE under this section are in addition to any other rights and
remedies provided under this Agreement or otherwise provided under law.
39. WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or
breach. Any waiver shall not be construed to be a modification of the terms of this Agreement unless
stated to be such in writing and signed by Authorized Representative of COMMERCE.
9
Attachment A
Scope of Work
The Grantee will use these grant funds to implement operational cost savings improvements at its local
governmental facilities and related projects that result in energy and operational cost savings in
accordance with Second Engrossed House Bill 1115, Section 1035, (Chapter 3, Laws of 2015, 2015 3rd
Special Session) and re- appropriated ESSB 5965, Section 1023 (Chapter 4, Laws of 2017, 2017 3rd
Special Session). The work will be performed in accordance with the more detailed scope of work found
in the Ameresco, Inc. Energy Services Proposal titled 'City of Federal Way Street Lighting Improvements,'
dated March 2, 2017 (updated August 11, 2017 to reflect current tax rate), incorporated herein by
reference as if specifically set forth.
The Grantee, by its signature, certifies that the declaration set forth above has been reviewed and
approved by the Grantee's governing body as of the date and year written below.
N1A∎ or
TITLE
DATE Vet7/ a7
Attachment B
Total Project Budget
Line Item
Amount
Audit, Design, Construction
$1,563,024.00
ESCO Overhead and Profit
$258,439.00
Contingency
$68,323.00
WA State and Local Taxes (est. at 10 %)
$85,755.00
DES Project Mgmt Fee
$56,000.00
Total Contracted Amount:
$2,031,541.00
The Grantee, by its signature, certifies that the Total Project Budget 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 written below.
TITLE `�
DATE f/7//
ft •
Attachment C
Certification of the Availability of Funds to Complete the Project
Non -State Funds
Amount
Total
City -Local Funds
$1,380,111.00
Utility Rebates
$301,430.00
Total Non -State Funds
$1,681,541.00
$1,681,541.00
State Funds
2015 -17 Reappropriated State Capital Budget
$350,000.00
$350,000.00
Total Non -State and State Sources
$2,031,541.00
The Grantee, by its signature, certifies that project funding from sources other than those provided by this
contract and identified above has been reviewed and approved by the Grantee's governing body or board
of directors, as applicable, and has either been expended for eligible Project expenses, or is committed in
writing and available and will remain committed and available solely and specifically for carrying out the
purposes of this Project as described in elsewhere in this contract, as of the date and year written below.
The 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 such records available for COMMERCE'S review upon
reasonable request.
4.0MDr7
TITLE
I / 1 / /
DATE
Attachment D
Certification of the Payment and Reporting of Prevailing Wages
The Grantee, by its signature, certifies that all contractors and subcontractors performing work on the
Project shall comply with prevailing wage laws set forth in Chapter 39.12 RCW, as June 15, 2011,
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 shall maintain records sufficient to evidence
compliance with Chapter 39.12 RCW, and shall make such records available for COMMERCE'S review
upon request.
If any state funds are used by the Grantee for the purpose of construction, applicable State Prevailing
Wages must be paid.
The Grantee, by its signature, certifies that the declaration set forth above has been reviewed and
approved by the Grantee's governing body as of the date and year written below.
it
GRANTE/
TITLE
DATE
#•-ae'