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HomeMy WebLinkAboutContractENERGY DIVISION Energy Contracts Routing Slip Reviewed by I verify that: Initials PROGRAM MANAGER x Any and all changes made are within my delegated authority and responsibilities x Fund source reviewed and contract amount approved x If applicable, fund allocation spreadsheet emailed to appropriate staff x Fund obligation discussed, reviewed and memo approved by leadership and appointing authority prior to routing contract or amendment, if applicable BUDGET STAFF x Any and all changes made are within my delegated authority and responsibilities x Reviewed allotment authority and coding x Appropriate award paperwork in place, if applicable x Reviewed contract/amendment entry in CMS MANAGING DIRECTOR x Any and all changes made are within my delegated authority and responsibilities x Fund source, contract terms, scope of work reviewed and approved x Final review before appointing authority signature ASSISTANT DIRECTOR cc: Energy Admin Lead Alternate: Deputy Assistant Director on behalf of AD x Contract, amendment, or memo approved and signed by the Approving Authority [Signature on document] Instructions: -Use this slip when soliciting any signature from the Energy Assistant Director or Deputy Assistant Director -Attach this slip to the top of your DocuSign envelope before any additional materials -When routing, only staff implicated in a request need to initial this slip. Inapplicable initial cells may be left empty -The DocuSign envelope should be context complete and all relevant explanatory material attached -Questions? Contact your Unit Admin or the Energy Admin Lead ENERGY CONTRACTS ROUTING SLIP 1 V3.1           CAG-24-236 Interagency Agreement with City Of Renton through Washington Electric Vehicle Charging Program (WAEVCP) Contract Number: 24-92802-023 For City of Renton Fleet Depot Charging- 2 Sites Dated: Tuesday, October 1, 2024           ________________________________________________________________________________________________________ Page 2 of 25 Table of Contents TABLE OF CONTENTS .............................................................................................................................................. 2 FACE SHEET ............................................................................................................................................................ 4 PROGRAM SPECIFIC TERMS AND CONDITIONS ...................................................................................................... 5 1. SUBCONTRACTING(REPLACESGENERALTERMSANDCONDITIONS#15) ....................................................... 5 2. TREATMENTOFASSETS(REPLACESGENERALTERMSANDCONDITIONS#20) ................................................ 5 3. ACKNOWLEDGEMENTOFCLIMATECOMMITMENTACTFUNDING ................................................................. 6 4. UNILATERALAMENDMENT ............................................................................................................................. 6 SPECIAL TERMS AND CONDITIONS ......................................................................................................................... 7 1. AUTHORITY ...................................................................................................................................................... 7 2. CONTRACTMANAGEMENT ............................................................................................................................. 7 3. COMPENSATION .............................................................................................................................................. 7 4. BILLINGPROCEDURESANDPAYMENT ............................................................................................................. 8 5. SUBCONTRACTORDATACOLLECTION ............................................................................................................. 8 6. INSURANCE ...................................................................................................................................................... 9 7. FRAUDANDOTHERLOSSREPORTING ............................................................................................................. 9 8. ORDEROFPRECEDENCE .................................................................................................................................. 9 GENERAL TERMS AND CONDITIONS ..................................................................................................................... 10 1. DEFINITIONS .................................................................................................................................................. 10 2. ALLWRITINGSCONTAINEDHEREIN ............................................................................................................... 12 3. AMENDMENTS .............................................................................................................................................. 12 4. ASSIGNMENT ................................................................................................................................................. 12 5. CONFIDENTIALITYANDSAFEGUARDINGOFINFORMATION ......................................................................... 12 6. COPYRIGHT .................................................................................................................................................... 13 7. DISPUTES ....................................................................................................................................................... 13 8. GOVERNINGLAWANDVENUE ...................................................................................................................... 13 9. INDEMNIFICATION ........................................................................................................................................ 13 10. LICENSING,ACCREDITATIONANDREGISTRATION ......................................................................................... 13 11. RECAPTURE.................................................................................................................................................... 14 12. RECORDSMAINTENANCE .............................................................................................................................. 14 13. SAVINGS ........................................................................................................................................................ 14 14. SEVERABILITY ................................................................................................................................................. 14 15. SUBCONTRACTING(REPLACEDBYPROGRAM-SPECIFICTERMSANDCONDITIONS#1) ................................. 14 16. SURVIVAL ....................................................................................................................................................... 15 17. TERMINATIONFORCAUSE............................................................................................................................. 15 18. TERMINATIONFORCONVENIENCE ................................................................................................................ 15 19. TERMINATIONPROCEDURES ......................................................................................................................... 15 20. TREATMENTOFASSETS(REPLACEDBYPROGRAM-SPECIFICTERMSANDCONDITIONS#2) ......................... 16 21. WAIVER ......................................................................................................................................................... 16 ATTACHMENT A: SCOPE OF WORK....................................................................................................................... 17 1. PROJECT OVERVIEW .......................................................................................................................................... 17 2. PROJECT MANAGEMENT .................................................................................................................................... 17 3. EQUIPMENT REQUIREMENTS .............................................................................................................................. 19           ________________________________________________________________________________________________________ Page 3 of 25 4. INSTALLATION REQUIREMENTS .......................................................................................................................... 20 5. OPERATIONS AND MAINTENANCE REQUIREMENTS ............................................................................................ 21 6. SCOPE OF WORK VIOLATIONS ............................................................................................................................ 23 ATTACHMENT B: BUDGET .................................................................................................................................... 24           ________________________________________________________________________________________________________ Page 4 of 25 Face Sheet Contract Number: 24-92802-023 Energy Division, Clean Transportation Unit Washington Electric Vehicle Charging Program (WAEVCP) 1. Contractor 2. Contractor Doing Business As (as applicable) City Of Renton 1055 S Grady Way Renton WA 98057 N/A 3. Contractor Representative 4. COMMERCE Representative Emily Morton Sustainability Specialist 425-430-7381 emorton@rentonwa.gov Crystal Ralkey Contract Manger 360-725-5027 Crystal.Ralkey@commerce.wa.gov 1011 Plum St SE PO Box 42525 Olympia, WA 98504-2525 5. Contract Amount 6. Funding Source 7. Start Date 8. End Date $74,000.00 Federal:State:Other: N/A: 10/01/2024 09/26/2025 Provided that funds are re-appropriated into the next biennium. 9. Federal Funds (as applicable) N/A Federal Agency: N/A ALN N/A 10. Tax ID # 11. SWV # 12. UBI # 13. UEI # 91-6001271 SWV0012200-11 177-000-094 UG2PSBS6UJJ3 14. Contract Purpose To Install 8 L2 Ports on 2 Site in King County COMMERCE, defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept the terms of this Contract and Attachments and have executed this Contract on the date below and warrant they are authorized to bind their respective agencies. The rights and obligations of both parties to this Contract are governed by this Contract and the following documents incorporated by reference: Contractor Terms and Conditions including Attachment “A” – Scope of Work, Attachment “B” – Budget, Attachment “C” – Site List, Attachment “D” – Sample Application Manual. FOR CONTRACTOR FOR COMMERCE Armondo Pavone, Mayor Signature Date Michael Furze, Assistant Director Date APPROVED AS TO FORM ONLY BY ASSISTANT ATTORNEY GENERAL APPROVAL ON FILE                  ________________________________________________________________________________________________________ Page 5 of 25 Program Specific Terms and Conditions 1. SUBCONTRACTING (REPLACES GENERAL TERMS AND CONDITIONS #15) 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. 2. TREATMENT OF ASSETS (REPLACES GENERAL TERMS AND CONDITIONS #20) The parties do not anticipate that Commerce will furnish property (other than the state funds granted herein) to Grantee for use in Grantee’s performance under this Agreement; provided, however, that title to any other property that may be so furnished by Commerce shall remain in Commerce. Commerce claims no ownership for the materials, goods, or services purchased by the Grantee for the completion of this Agreement, regardless of reimbursement status under this agreement. 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 agreement. Signature Cynthia Moya, City Clerk Date Signature Jason Seth, City Clerk Date                   ________________________________________________________________________________________________________ Page 6 of 25 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 to maintain and administer that property in accordance with sound management practices. C. If any Commerce property is lost, destroyed or damaged, the Grantee shall immediately notify 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 agreement All reference to the Grantee under this clause shall also include Grantee’s employees, agents or subcontractors. 3. ACKNOWLEDGEMENT OF CLIMATE COMMITMENT ACT FUNDING If this Agreement is funded in whole or in part by the Climate Commitment Act, Grantee agrees that any website, announcement, press release, and/or publication (written, visual, or sound) used for media-related activities, publicity, and public outreach issued by or on behalf of Grantee which reference programs or projects funded in whole or in part with Washington’s Climate Commitment Act (CCA) funds under this Grant, shall contain the following statement: “The [PROGRAM NAME / GRANT / ETC.] is supported with funding from Washington’s Climate Commitment Act. The CCA supports Washington’s climate action efforts by putting cap-and-invest dollars to work reducing climate pollution, creating jobs, and improving public health. Information about the CCA is available at www.climate.wa.gov.” The Grantee agrees to ensure coordinated Climate Commitment Act branding on work completed by or on behalf of the Grantee. The CCA logo must be used in the following circumstances, consistent with the branding guidelines posted at CCA brand toolkit, including: A. Any project related website or webpage that includes logos from other funding partners; B. Any publication materials that include logos from other funding partners; C. Any on-site signage including pre-during Construction signage and permanent signage at completed project sites; and D. Any equipment purchased with CCA funding through a generally visible decal 4. UNILATERAL AMENDMENT Commerce may, at any time, by written notification to Contractor, unilaterally amend the scope of work to be performed under this Contract, the period of performance, the site list (Attachment C), and/or the contract amount and budget. These unilateral changes shall be effective as set forth in the amendment or upon signature by Commerce, if no date has been set forth. Contractor will be deemed to have accepted any such unilateral amendment unless, within 15 calendar days after the date the amendment is signed by Commerce, the Contractor notifies Commerce in writing of its non-acceptance of such unilateral change. The Contractor and Commerce will then use good faith efforts to negotiate an amendment acceptable to both parties. Failure to reach agreement shall constitute a dispute concerning a question of fact within the meaning of the Disputes provision contained in this Contract. However, nothing in this provision shall excuse the Contractor from proceeding with the Contract as amended. Contractor must continue to provide the contracted services, including any unilaterally amended services, during any period of non-acceptance or negotiation of a unilateral amendment.           ________________________________________________________________________________________________________ Page 7 of 25 Special Terms and Conditions 1. AUTHORITY COMMERCE and Contractor enter into this Contract pursuant to the authority granted by Chapter 39.34 RCW. 2. CONTRACT 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 Contract. The Representative for COMMERCE and their contact information are identified on the Face Sheet of this Contract. The Representative for the Contractor and their contact information are identified on the Face Sheet of this Contract. 3. COMPENSATION COMMERCE shall pay an amount not to exceed $74,000.00 for the performance of all things necessary for or incidental to the performance of work under this Contract as set forth in the Scope of Work. 4. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION (REPLACES GENERAL TERMS AND CONDITIONS #5) A. “Confidential Information” as used in this section includes: i. All material provided to the Contractor by COMMERCE that is designated as “confidential” by COMMERCE; ii. All material produced by the Contractor that is designated as “confidential” by COMMERCE; and iii. All Personal Information in the possession of the Contractor that may not be disclosed under state or federal law. B. Both parties shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of COMMERCE or as may be required by law. The Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the Contractor shall provide COMMERCE with its policies and procedures on confidentiality. COMMERCE may require changes to such policies and procedures as they apply to this Contract whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time period specified by COMMERCE. Upon request, the Contractor shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably determines has not been adequately protected by the Contractor against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure.           ________________________________________________________________________________________________________ Page 8 of 25 D. COMMERCE and Contractor are both public agencies which must comply with all requirements of the Washington State Public Records Act, Chapter 42.56 RCW. 5. BILLING PROCEDURES AND PAYMENT COMMERCE will pay Contractor upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Representative for COMMERCE via the Commerce Contracts Management System, which is available through the Secure Access Washington (SAW) portal. The invoices shall describe and document, to COMMERCE's satisfaction, a description of the work performed, the progress of the project, and fees. The invoice shall include the Contract Number 24- 92802-023. If expenses are invoiced, provide a detailed breakdown of each type. A receipt must accompany any single expenses in the amount of $50.00 or more in order to receive reimbursement. Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Contractor. COMMERCE may, in its sole discretion, terminate the Contract or withhold payments claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of this Contract. No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall be made by COMMERCE. Invoices and End of Fiscal Year Invoices are due on the 20th of the month following the provision of services. Final invoices for a state fiscal year may be due sooner than the 20th and Commerce will provide notification of the end of fiscal year due date. The Contractor must invoice for all expenses from the beginning of the contract through June 30, regardless of the contract start and end date. Duplication of Billed Costs The Contractor shall not bill COMMERCE for services performed under this Agreement, and COMMERCE shall not pay the Contractor, if the Contractor is entitled to payment or has been or will be paid by any other source, including grants, for that service. Disallowed Costs The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subcontractors. COMMERCE may, in its sole discretion, withhold ten percent (10%) from each payment until acceptance by COMMERCE of the final report (or completion of the project, etc.). 6. SUBCONTRACTOR DATA COLLECTION Contractor 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 Contract performed by subcontractors and the portion of Contract funds expended for work performed by subcontractors, including but not necessarily limited to minority-owned, woman-owned, and veteran-owned business subcontractors. “Subcontractors” shall mean subcontractors of any tier.           ________________________________________________________________________________________________________ Page 9 of 25 7. INSURANCE Each party certifies that it is self-insured under the State's or local government self-insurance liability program, and shall be responsible for losses for which it is found liable. 8. FRAUD AND OTHER LOSS REPORTING Contractor shall report in writing all known or suspected fraud or other loss of any funds or other property furnished under this Contract immediately or as soon as practicable to the Commerce Representative identified on the Face Sheet. 9. ORDER OF PRECEDENCE In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order: xx Applicable federal and state of Washington statutes and regulations x Program Specific Terms and Conditions x Special Terms and Conditions x General Terms and Conditions x Attachment A – Scope of Work x Attachment B – Budget x Attachment C – Site List x Attachment D – Sample Application Manual           ________________________________________________________________________________________________________ Page 10 of 25 General Terms and Conditions 1. DEFINITIONS As used throughout this Contract, the following terms shall have the meaning set forth below: A. “Authority having jurisdiction (AHJ)” shall mean the organization, office, or individual responsible for issuing permits, approving layout drawings, enforcing the requirements of a code or standard or approving materials, an installation, or a procedure. B. “Authorized Representative” shall mean the Director and/or the designee authorized in writing to act on the Director’s behalf. C. “COMMERCE” shall mean the Washington Department of Commerce. D. “Central system” shall mean the central system that communicates with one or more chargers, for example, to authorize users, monitor charger status, and/or collect, transmit, record, and manage other information. E. “Chargers” shall have the same meaning as “electric vehicle supply equipment (EVSE)”. The physical unit controlling the power supply to one or more vehicles during a charging session. F. “Charging ports” shall mean an access point for electric vehicle charging that is equivalent to the number of vehicles that can be charged at the listed power level concurrently at the same charger. A single charger may have one or multiple charging ports, and a single charging port may have one or multiple connectors. G. “Combined Charging Standard (CCS)” shall mean the plug standardized as SAE J1772 Combo delivering DCFC power between the charger and the on-board vehicle charging equipment. H. “Contract” or “Agreement” or “Grant” means the entire written agreement between COMMERCE and the Contractor, including any Attachments, documents, or materials incorporated by reference. E-mail or Facsimile transmission of a signed copy of this contract shall be the same as delivery of an original. I. "Contractor" or “Grantee” shall mean the entity identified on the face sheet performing service(s) under this Contract, and shall include all employees and agents of the Contractor. J. “Direct current fast charger (DCFC)” shall mean EVSE that supplies at least 100 kilowatts (kW) of electricity through each charging port during a charging session. K. “Downtime” shall mean time during which a charging port is not operational as defined in Attachment A: Scope of Work. L. “Electric vehicle supply equipment (EVSE)” shall have the same meaning as “charger”. The physical unit controlling the power supply to one or more vehicles during a charging session. M. “Failed charging session” shall mean an incident when the criteria for a successful charging session are not met following a charging attempt. N. “Labor hours” shall mean the total hours of workers receiving an hourly wage who are directly employed on a project site. O. “Level 2 charger” shall mean EVSE that supplies at least 7.2 kW of electricity through each charging port during a charging session. P. “Multifamily mapping tool” shall mean the mapping tool developed and provided by Commerce during the application phase to determine scoring for multifamily project sites. Q. “North American Charging Standard (NACS) connectors” shall mean the plug, currently being standardized as SAE J3400 and also known as the Tesla charging standard, delivering power between the charger and the on-board vehicle charging equipment           ________________________________________________________________________________________________________ Page 11 of 25 R. “Office of Minority and Women’s Business Enterprises (OMWBE) contractor” shall mean small businesses owned and controlled by minority, women, and socially and economically disadvantaged persons as certified by OMWBE. S. “Open Charge Point Interface (OCPI)” shall mean a communications protocol between charging network central management systems intended to facilitate customers roaming between networks. T. “Open Charge Point Protocol (OCPP)” shall mean an open-source communication protocol that specifies communication between chargers and the charging networks that remotely manage the chargers. U. “Operational or in operation” shall have the following meaning: A charging port is considered operational or in operation when its hardware and software are both online and available for use, or in use, and the charging port successfully dispenses electricity as expected. V. “Overburdened community” shall mean a Census tract with a rating of 9 or 10 on the Environmental Health Disparities map as maintained by the Washington State Department of Health. W. “Preventive maintenance” shall mean any maintenance that is carried out prior to failure detection and is aimed at preventing a charging port from becoming non-operational. X. “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, and “Protected Health Information” under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). Y. “Project Labor Agreement (PLA)” shall mean pre-hire collective bargaining agreements negotiated between one or more construction unions and one or more construction employers (subcontractors) that establish the terms and conditions of employment for a specific construction project. Z. “Project site” shall have the same meaning as a charging station. A single property parcel, or part of a single property parcel, where one or more EVSE funded by the Washington Electric Vehicle Charging Program are located. A project site includes the EVSE, ports, connectors, parking areas served by the EVSE, and lanes for vehicle ingress and egress. AA. “Public mapping tool” shall mean the mapping tool developed and provided by Commerce during the application phase to determine scoring for publicly available project sites. BB. “Society of Automotive Engineers (SAE) J1772 connectors” shall mean the plug standardized as SAE J1772 delivering Level 2 power between the charger and the on-board vehicle charging equipment. CC. “Site owner” shall mean the property owner of the land where the charger is physically located. The site owner may or may not be the owner of the charger. DD. “Site number” shall mean the number assigned to each site during application submission that will be used for identification throughout this contract. “State” shall mean the state of Washington. EE. “Stub-out” shall mean a combination of electrical equipment on the customer side of an electrical meter, including all the panel upgrades, trenching, conduit, and wiring, needed for a new charger to be installed later without any additional construction work. A “stub-out” typically ends with at least two inches (2”) of a spare run of conduit with accessible pull rope and is capped off to protect it from the elements. FF. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or part of those services under this Contract under a separate contract with the Contractor. The terms “subcontractor” and “subcontractors” mean subcontractor(s) in any tier.           ________________________________________________________________________________________________________ Page 12 of 25 GG. “Successful charging session" shall mean an incident when, following a charge attempt, a customer’s electric vehicle battery is charged to the state of charge the customer desires and is disconnected manually by the customer or by the EV’s onboard software system terminating the charging session, without an additional charge attempt. HH. “UL" shall mean the entity, formerly known as “Underwriters Laboratories”, that provides testing and certifications for product safety. Level 2 EVSE must meet UL 2594 certification, and DCFC EVSE must meet UL 2202 or UL 9741, as determined by a nationally recognized testing laboratory (NRTL) participating in the Occupational Safety and Health Administration NRTL program. II. “Underserved community" shall mean a Census tract with a rating of 9 or 10 on the “underserved” scoring factor as defined in the application manual and determined on the public mapping tool. JJ. “Uptime" shall mean time during which a charging port is operational as defined in ATTACHMENT A: SCOPE OF WORK 2. ALL WRITINGS CONTAINED HEREIN This Contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 3. AMENDMENTS This Contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 4. ASSIGNMENT Neither this Contract, work thereunder, nor any claim arising under this Contract, shall be transferred or assigned by the Contractor without prior written consent of COMMERCE. 5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION (REPLACED BY PROGRAM-SPECIFIC TERMS AND CONDITIONS #4) A. “Confidential Information” as used in this section includes: i. All material provided to the Contractor by COMMERCE that is designated as “confidential” by COMMERCE; ii. All material produced by the Contractor that is designated as “confidential” by COMMERCE; and iii. All Personal Information in the possession of the Contractor that may not be disclosed under state or federal law. B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of COMMERCE or as may be required by law. The Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the Contractor shall provide COMMERCE with its policies and procedures on confidentiality. COMMERCE may require changes to such policies and procedures as they apply to this Contract whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time period specified by COMMERCE. Upon request, the Contractor shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably           ________________________________________________________________________________________________________ Page 13 of 25 determines has not been adequately protected by the Contractor against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 6. COPYRIGHT Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author of such Materials. In the event the Materials are not considered “works for hire” under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE effective from the moment of creation of such Materials. “Materials” means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. “Ownership” includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Contract, but that incorporate pre-existing materials not produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty- free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and represents that the Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE. The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials furnished under this Contract, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Contract. The Contractor shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the Contractor with respect to any Materials delivered under this Contract. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the Contractor. 7. DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, Agreement terms and applicable statutes and rules and make a determination of the dispute. The Dispute Board shall thereafter decide the dispute with the majority prevailing. The determination of the Dispute Board shall be final and binding on the parties hereto. As an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. 8. GOVERNING LAW AND VENUE This Contract shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. 9. INDEMNIFICATION Each party shall be solely responsible for the acts of its employees, officers, and agents. 10. LICENSING, ACCREDITATION AND REGISTRATION The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract.           ________________________________________________________________________________________________________ Page 14 of 25 11. RECAPTURE In the event that the Contractor fails to perform this Contract in accordance with state laws, federal laws, and/or the provisions of this Contract, COMMERCE reserves the right to recapture funds in an amount to compensate COMMERCE for the noncompliance in addition to any other remedies available at law or in equity. Repayment by the Contractor of funds under this recapture provision shall occur within the time period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments due under this Contract. 12. RECORDS MAINTENANCE The Contractor shall maintain books, records, documents, data and other evidence relating to this contract and performance of the services described herein, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract. The Contractor shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the contract, shall be subject at 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. 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. 13. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Contract and prior to normal completion, COMMERCE may suspend or terminate the Contract under the "Termination for Convenience" clause, without the ten calendar day notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding limitations and conditions. 14. SEVERABILITY The provisions of this contract are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the contract. 15. SUBCONTRACTING (REPLACED BY PROGRAM-SPECIFIC TERMS AND CONDITIONS #1) The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written approval of COMMERCE. If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity; or (c) require the Contractor to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term or condition of this Contract. The Contractor shall appropriately monitor the activities of the Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any breach in the performance of the Contractor’s duties. Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for claims or damages arising from a Subcontractor’s performance of the subcontract.           ________________________________________________________________________________________________________ Page 15 of 25 16. SURVIVAL The terms, conditions, and warranties contained in this Contract that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Contract shall so survive. 17. TERMINATION FOR CAUSE In the event COMMERCE determines the Contractor has failed to comply with the conditions of this contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before suspending or terminating the contract, COMMERCE shall notify the Contractor in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be terminated or suspended. In the event of termination or suspension, the Contractor shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of the competitive bidding, mailing, advertising and staff time. COMMERCE reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Contractor or a decision by COMMERCE to terminate the contract. A termination shall be deemed a “Termination for Convenience” if it is determined that the Contractor: (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 contract are not exclusive and are, in addition to any other rights and remedies, provided by law. 18. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days’ written notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If this Contract is so terminated, COMMERCE shall be liable only for payment required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination. 19. TERMINATION PROCEDURES Upon termination of this contract, COMMERCE, in addition to any other rights provided in this contract, may require the Contractor to deliver to COMMERCE any property specifically produced or acquired for the performance of such part of this contract as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed work and services accepted by COMMERCE, and the amount agreed upon by the Contractor 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 (iv) the protection and preservation of property, unless the termination is for default, in which case the Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this contract. COMMERCE may withhold from any amounts due the Contractor such sum as the Authorized Representative determines to be necessary to protect COMMERCE against potential loss or liability. The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. After receipt of a notice of termination, and except as otherwise directed by the Authorized Representative, the Contractor shall: A. Stop work under the contract on the date, and to the extent specified, in the notice;           ________________________________________________________________________________________________________ Page 16 of 25 B. Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the contract that is not terminated; C. 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 Contractor under the orders and subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; D. 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 the Authorized Representative may require, which approval or ratification shall be final for all the purposes of this clause; E. 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 contract had been completed, would have been required to be furnished to COMMERCE; F. Complete performance of such part of the work as shall not have been terminated by the Authorized Representative; and G. 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 contract, which is in the possession of the Contractor and in which COMMERCE has or may acquire an interest. 20. TREATMENT OF ASSETS (REPLACED BY PROGRAM-SPECIFIC TERMS AND CONDITIONS #2) Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a direct item of cost under this contract, shall pass to and vest in COMMERCE upon delivery of such property by the Contractor. Title to other property, the cost of which is reimbursable to the Contractor under this contract, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the performance of this contract, or (ii) commencement of use of such property in the performance of this contract, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first occurs. A. Any property of COMMERCE furnished to the Contractor shall, unless otherwise provided herein or approved by COMMERCE, be used only for the performance of this contract. B. The Contractor shall be responsible for any loss or damage to property of COMMERCE that results from the negligence of the Contractor or which results from the failure on the part of the Contractor to maintain and administer that property in accordance with sound management practices. C. If any COMMERCE property is lost, destroyed or damaged, the Contractor shall immediately notify COMMERCE and shall take all reasonable steps to protect the property from further damage. D. The Contractor shall surrender to COMMERCE all property of COMMERCE prior to settlement upon completion, termination or cancellation of this contract. E. All reference to the Contractor under this clause shall also include Contractor’s employees, agents or Subcontractors. 21. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such in writing and signed by Authorized Representative of COMMERCE.           ________________________________________________________________________________________________________ Page 17 of 25 Attachment A: Scope of Work Terms used in Attachment A: Scope of Work (Scope of Work) shall have the same meaning as in subsection 2.1 DEFINITIONS in the GENERAL TERMS AND CONDITIONS. 1. Project overview 1.1 Purpose The purpose of this contract is as described on the Face Sheet of this contract. 1.2 Partners The Grantee shall include an updated list of project partners in the project management report and all subsequent quarterly report updates. 1.3 Site list The Grantee shall complete installations for the sites, chargers, ports, connectors, and stub-outs as detailed in Attachment C: Site List. The Grantee may request changes to sites and equipment consistent with the change order process as detailed in subsection 2.3 of the Scope of Work. 2. Project management 2.1 Project kickoff The Grantee shall identify a primary point of contact to COMMERCE, including name, email address, and phone number, and attend a “kickoff” webinar or meeting with COMMERCE within 30 days of contract execution to discuss contract requirements and grantee expectations. 2.2 Project management report The Grantee shall submit a project management report to COMMERCE within 60 days of contract execution, using a template provided by COMMERCE, to describe planned project activities and milestones broken out by site. The report shall align with Attachment B: Budget and describe any changes to expected costs and funds following contract execution. The report will also describe plans to comply with funding requirements and state and federal laws and regulations, including but not limited to the Americans with Disabilities Act (ADA). The Grantee shall issue updates to the project management report on a quarterly basis to COMMERCE, starting no later than four months following contract execution and until all sites are fully installed and a final report has been submitted and approved. The quarterly report shall be submitted no later than 15 days after the end of each quarter, using the reporting template provided by COMMERCE. 2.2.1 Project activities and milestones The Grantee shall include project activities and milestones achieved to date and anticipated in the next quarter, and any changes to the project management report, project partner list, risks and issues mitigated, and lessons learned. Activities and milestones must include: x Information received from the electric utility serving each project site on expected electrical make-ready (on both the utility and customer sides of point of service delivery) and interconnection activities, costs, and timing. x Expected permitting activities, costs, and timing.           ________________________________________________________________________________________________________ Page 18 of 25 2.2.2 Project expenditures The Grantee shall include an updated milestone/invoicing schedule with invoices completed to date and anticipated milestone completion dates for the duration of the grant. While Commerce does not anticipate requiring more detailed expenditure information as part of quarterly reporting, Grantee shall maintain project fiscal records in alignment with Generally Accepted Accounting Principles (GAAP) and in sufficient detail to show that a) grant funding has been spent only on eligible costs as outlined in Attachment D: Sample Application Manual, and b) grant funds have not been comingled with any non-grant (match) funds. 2.3 Change orders Changes to Attachment A: Scope of Work and/or Attachment C: Site List may be requested by the Grantee using the change order request template provided by COMMERCE. Within the limits defined in Subsections 2.3.1-2.3.4 of Attachment A: Scope of Work, Commerce may consider and accept such changes. For change order forms affecting only information contained in Attachment A: Scope of Work and/or Attachment C: Site List , a change order will be considered to be accepted by COMMERCE once the applicable COMMERCE representative has signed the form. Change orders affecting contract information outside of Attachment A: Scope of Work and/or Attachment C: Site List (including but not limited to: grant amount, start date, or end date) require a formal contract amendment. 2.3.1 Grant amounts Change orders may be accepted by COMMERCE if such orders change the scope of work in a way that requires a lower or same COMMERCE grant amount as the current contract. Commerce will not consider change order requests if the scope of work changes such that projects can only be successfully completed with a higher grant amount than the original contract. Change orders that remove sites, reduce the quantity of charging ports, or result in removed adders must also reduce the maximum grant amount in this contract consistent with the award process as detailed in the Attachment D: Sample Application Manual. 2.3.2 Site changes The Grantee may request changes to one or multiple sites, including site removal, following contract execution for consideration by COMMERCE. COMMERCE may choose to accept or reject requests for any reason. COMMERCE will only consider site change requests if they meet one or more of the following conditions: x The Grantee has exhausted all reasonable options to make the original site work and COMMERCE has determined that project success is either impossible or unlikely to occur; x Ownership of the original site changes, or site owner no longer agrees to host chargers on their property; x Conditions of the original site change such that a charger installation on the site can no longer satisfy all requirements of the contract; or x Previously anticipated non-program funding is no longer available to support the site. COMMERCE will only consider site change requests that move grant funding from one or multiple sites to new one or multiple sites if new identified sites have the same or higher score on the site- related scoring criteria (as described in Attachment D: Sample Application Manual), as described in the application manual, as the lowest score receiving an award.           ________________________________________________________________________________________________________ Page 19 of 25 The Grantee may request site changes in any combination as long as the new project sites can be completed with costs eligible for reimbursement within the current grant amount as outlined in Attachment D: Sample Application Manual. 2.3.3 Charging port quantity changes The Grantee may request changes to the quantity of equipment to be installed, including Level 2 charging ports, DCFC charging ports, and stub-outs, in one or multiple sites following contract execution for consideration by COMMERCE. COMMERCE may choose to accept or reject requests for any reason. COMMERCE will only consider equipment quantity change requests if: x New information learned by the Grantee following contract execution indicates site conditions will add cost or otherwise add risk to project success if contract implementation moves forward unchanged; x The requested new quantity of Level 2 charging ports, DCFC charging ports, and combination of Level 2 and DCFC charging ports at each affected site does not exceed limits as described by the application manual; and x The project site score for all affected sites continues to be the same or higher on the site- related scoring criteria (as described in Attachment D: Sample Application Manual) as the lowest score receiving an award. 2.3.4 Scope of Work requirement exemptions The Grantee may request exemptions to equipment, installation, and operations and maintenance requirements in Attachment A: Scope of Work following contract execution for consideration by COMMERCE. COMMERCE may choose to accept or reject requests for any reason. 2.4 Progress meetings The Grantee shall participate in any progress calls requested by COMMERCE, to be scheduled within a month of the request. 2.5 Project final report The Grantee shall submit a final report to COMMERCE that: x Describes the project’s purpose, approach, activities performed, results; and x Includes the project’s maintenance and operations service contract or plan. 3. Equipment requirements 3.1 Chargers 3.1.2 Level 2 chargers All Level 2 chargers installed at covered project sites shall: x Be networked through Wi-Fi, cellular (4G and above), or Ethernet; x Be capable of at least a 7.2 kW power output; x If requiring payment, have a mobile payment device physically located on each charger dispenser or on a kiosk serving the charger dispensers. This requirement only applies to publicly available chargers, not residential or fleet/workplace, unless those projects will be publicly available in addition to their residential/work purpose x Be capable of using OCPP 1.6 or later; x Be capable of using OCPI version 2.1.1 or 2.2 standards; x Be ENERGY STAR certified in the ENERGY STAR product database;           ________________________________________________________________________________________________________ Page 20 of 25 x Be certified by a nationally recognized testing laboratory to UL 2594; and x Comply with all relevant state laws and rules in effect, including but not limited to Department of Agriculture rules in WAC 16-662-200, WAC 16-662-210, WAC 16-662-215, and WAC 16- 662-220. All public site (as defined in Attachment D: Sample Application Manual) Level 2 chargers installed at covered project sites shall: x Support remote start capabilities for, at minimum, payment via a toll-free number; and x Not require a membership for use. 3.1.2 DCFC chargers All DCFC chargers installed at covered project sites shall: x Be networked through Wi-Fi, cellular (4G and above), or Ethernet; x Be capable of at least a 100 kW power output; x Support remote start capabilities for, at minimum, payment via a toll-free number; x If requiring payment, have a mobile payment device physically located on each charger dispenser or on a kiosk serving the charger dispensers; x Not require a membership for payment. x Be capable of using OCPP 1.6 or later; x Be capable of using OCPI version 2.1.1 or 2.2 standards; x Be certified by a nationally recognized testing laboratory to UL 2202 or UL 9741; and x Comply with all relevant state laws and rules in effect, including but not limited to Department of Agriculture rules in WAC 16-662-200, WAC 16-662-210, WAC 16-662-215, and WAC 16- 662-220. 3.2 Connectors At least 33% of Level 2 connectors at each project site must be SAE J1772 connectors, and at least 33% of DCFC connectors at each project site must be CCS1 connectors. Connector types other than SAE J1772, CCS1, and NACS may be installed at project sites, but are not factored into the grant award amount. 3.3 Stub-outs The Grantee shall only receive reimbursement for costs on up to three stub-outs per site as listed in Attachment C: Site List. To qualify for the future proofing adder, Level 2 installations must either meet the definition above or install a Level 2 receptacle. DCFC stub-out installations must meet the definition of “Stub Out” in subsection 2.1 DEFINITIONS in the GENERAL TERMS AND CONDITIONS of this contract. 4. Installation requirements 4.1 Labor requirements 4.1.1 Prevailing wage The Grantee shall comply with prevailing wage requirements as detailed in this agreement, and/or as required by law. 4.1.2 Electrical apprenticeship utilization rate The Grantee shall meet or exceed an electrical apprenticeship utilization rate specified for each site in Attachment C: Site List. This requirement shall be waived by COMMERCE if the Grantee demonstrates that one electrician is sufficient to complete all work required by the contract.           ________________________________________________________________________________________________________ Page 21 of 25 Electrical apprentices must be enrolled in an apprenticeship program registered with the Department of Labor and Industries to count towards the utilization rate. The utilization rate shall be calculated as a percent of the total labor hours performed by electrical apprentices divided by the total labor hours performed by all electrical workers, including apprentice and journey level workers, employed upon all project sites covered in the contract. Grantee shall submit, on a site-by-site basis, total labor hours by all electrical contractor workers, total labor hours by electrical apprentices, and apprentice identification for all electrical apprentices working on the grant project to COMMERCE in quarterly reports as required in Section 4 of Attachment A: Scope of Work. 4.1.3 Project labor agreement If the Grantee committed to using project labor agreements in their application, the Grantee shall submit to COMMERCE a project labor agreement or agreements covering project sites for which such a commitment was made. All project labor agreements must have been made with at least one labor union, regional council, or association affiliated with the Washington State Building and Construction Trades Council. For any sites covered by a project labor agreement, neither site preparation nor construction work may begin until a project labor agreement is in place. 4.1.4 Office of Minority and Women’s Business Enterprises certified contractor If, in their grant application, the Grantee committed to contracting with Office of Minority and Women’s Business Enterprises (OWMBE)-certified contractor(s), the Grantee shall hire one or more contractors to complete work on the covered project sites that are certified as small businesses owned and controlled by minority, women, and socially and economically disadvantaged persons by the Office of Minority and Women’s Business Enterprises. The Grantee shall note such contractors on their project management report and quarterly report updates. 4.2 Installation deadlines The Grantee shall complete installation and begin operations of all charging ports on each project site according to the required timelines: x Level 2 charging ports only: within 270 days following contract execution; x DCFC charging ports only: 580 days following contract execution; and x Combination of at least one Level 2 charging port and at least one DCFC charging port: within 580 days following contract execution. The Grantee may request extensions and COMMERCE may grant extensions consistent with Section 2.4 of Attachment A: Scope of Work. 5. Operations and maintenance requirements 5.1 Operations and maintenance service agreements The Grantee shall enter into an operations and maintenance service contract, including a Service Level Agreement (SLA), with a qualified partner to meet requirements of this section of the scope of work. COMMERCE may waive this requirement if the Grantee demonstrates qualifications and a plan to perform this task without contracting with an external partner. 5.2 Operations requirements 5.2.1 Operations duration           ________________________________________________________________________________________________________ Page 22 of 25 The Grantee shall maintain reliable operations of all Level 2 charging ports during all typical project site operational hours for at least four years, and all DCFC charging ports for at least six years, following their first day of operations. 5.2.2 Uptime The Grantee shall ensure all charging ports installed are operational no fewer than 97 percent of the charging site’s standard hours of operation, as measured by uptime percentage rate, throughout the each charging port’s required operations duration. Uptime percentage rate shall be calculated as ܷൌ்ି஽ାா ் כ ͳͲͲΨ , with: x U = Uptime reporting percentage for the reporting period. x T = Total time of project site operational hours during the reporting period. x D = Total downtime during the reporting period, including excluded downtime. x E = Excluded downtime during the reporting period. Downtime shall be measured as any period of time within the standard hours of operation in which a charger is not operational, including: x A period in which the charging port’s response to the central system’s request for notification of operative status indicates that the connector or charging port is in an inoperative state; and x A period in which maintenance logs show initial notice of a physical or otherwise non- networked issue that results in an non-operational status prior until maintenance logs show repairs have returned the charging port to an operational status. Excluded downtime shall be defined as a period of downtime caused by any of the following reasons: x Downtime before initial installation; x Electric grid power loss that cuts off power supply to the charging port; x Any failure to charge due to the fault of the vehicle; x Preventive maintenance, up to 24 hours per year; x Physical damage to hardware caused by a third party, including vandalism or theft, up to five days for each event; x Telecommunication network outages beyond the control of the Grantee; and x Extraordinary events, including natural disasters that are unforeseeable and impossible to plan for in advance. 5.3 Maintenance requirements The Grantee shall: x Perform regular preventive maintenance, including visual inspection, performance testing, functional validation, and reporting; x Monitor network performance; x Dispatch maintenance technicians in a timely manner and address malfunctions and repairs within 48 hours of initial notice; and x Provide charging station users with call center service at all times of operation that will assist users with any technical issues encountered at the stations. 5.4 Distribution of educational materials The Grantee shall work with site owners to ensure residents of multifamily buildings and/or employees at commercial buildings served by multifamily and workplace project sites (as defined in Attachment D: Sample Application Manual) under this contract are aware of the opportunity to use chargers. To satisfy this requirement, the Grantee shall ensure partner site owners distribute educational materials to residents and/or employees and offer timely responses to questions on use of chargers.           ________________________________________________________________________________________________________ Page 23 of 25 The Grantee shall ensure any educational materials distributed to residents of multifamily buildings and/or employees at commercial buildings meet requirements detailed in the term “Acknowledgement of Climate Commitment Act Funding” of this agreement. This requirement does not apply if the contract does not include any multifamily or workplace project sites. 5.5 Utilization and reliability reporting requirements Following submission of the final report, the Grantee shall submit an operations report with data on each charger once every six months until the end of the operational duration. The Grantee shall submit the report no later than 15 days after the end of each six-month period with the following data for the quarter and cumulatively over total operations: x Average hours per day the charger drew power. x Average hours per day the charger was connected to an electric vehicle. x Average kWh per day the charger port dispensed. x Uptime percentage rate per charger, with all data needed to verify calculations including an itemized summary of the date, duration, and category all excluded downtime being claimed for a reporting period. x The percentage of successful charging sessions to the total number of charge attempts for each charger. x All instances of preventative maintenance. x Time log with information on reported charger malfunctions and corresponding repairs. x Proof of network monitoring and call center service. 6. Scope of work violations Nothing in subsections 6.1-6.3 shall be interpreted to limit, alter, or supersede Commerce’s rights under the GENERAL TERMS AND CONDITIONS, SPECIAL TERMS AND CONDITIONS, and the PROGRAM SPECIFIC TERMS AND CONDITIONS of this agreement. 6.1 Failure to submit reports or attend meetings Failure to submit required reports or attend required meetings will be treated as a default, which left uncured, may result in COMMERCE’s right to recapture disbursed funds and terminate any obligation to disburse additional funds. 6.2 Violation of equipment and installation requirements Costs incurred on any activity subject to this contract that result in a violation of requirements, including variances from project information in the scope of work, shall be considered disallowed costs and treated as a default, which left uncured, may result in COMMERCE’s right to recoup disbursed funds and terminate any obligation to disburse additional funds for the site(s) for which the violation occurred. 6.3 Violation of operations and maintenance requirements The first failure to meet operations and maintenance requirements will result in a warning and required improvement plan explaining how improvement will be made in future reporting periods. Repeat violations will result in COMMERCE’s right to recoup up to ten percent of disbursed project costs.           __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ P a g e 24 o f 25 At t a c h m e n t B : B u d g e t Si t e / M i l e s t o n e M i l e s t o n e / D e l i v e ra b l e D e l i v e r a b l e D e s c r i p t i o n Ex p e c t e d Co m p l e t i o n Pe r c e n t o f Gr a n t Bu d g e t Ap p l i c a n t Ma t c h Am o u n t o f Gr a n t 0 Pr o j e c t Ma n a g e m e n t / P l a n n i n g 11 / 2 0 2 4 10 % $- 7, 4 0 0 . 0 0 Pr o j e c t m a n a g e m e n t r e p o r t Pr o j e c t m a n a g e m e n t r e p o r t c o m p l e t e d , m e e t i n g al l r e q u i r e m e n t s d e s c r i b e d i n A t t a c h m e n t A : Sc o p e o f W o r k Fl e e t S i t e # 1 51 % $ 1 6 , 0 0 0 . 0 0 $ 3 7 , 8 0 0 . 0 0 F1 . 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ou t s Nu m b e r o f st u b - o u t s f o r fu t u r e D C F C ch a r g e r s Nu m b e r o f st u b - o u t s f o r fu t u r e L e v e l 2 ch a r g e r s Co m m i t m e n t t o Ap p r e n t i c e s h i p La b o r ( % ) Co m m i t m e n t t o Us e P r o j e c t L a b o r Ag r e e m e n t Co m m i t m e n t to C o n t r a c t wi t h M W B E SI T E # 1 C I T Y O F R E N T O N F l e e t 1 0 5 5 S O U T H G R A D Y W A Y R E N T O N K i n g 9 8 0 5 7 1 7 2 3 0 5 9 0 2 3 0 0 2 2 4 0 2 0 2 1 5 % N O N O SI T E # 2 C I T Y O F R E N T O N F l e e t 3 5 5 5 N O R T H E A S T 2 N D S T R E E T R E N T O N K i n g 9 8 0 5 6 1 6 2 3 0 5 9 1 2 3 0 0 2 2 4 0 2 0 2 1 5 % N O N O                                               1 Appendix D: Washington EV Charging Program ApplicaƟon Manual 05/16/2024           2 Contents Program Overview ........................................................................................................................................ 3 ApplicaƟon Process .................................................................................................................................. 3 Eligible Applicants .................................................................................................................................... 4 Funding Award Disbursement Schedule ...................................................................................................... 5 ReƋuired CompleƟon Timelines ............................................................................................................... 6 Project PrioriƟes and Funding DistribuƟon ................................................................................................. 6 Eligible Site Types DeĮniƟons ...................................................................................................................... 6 Eligible Project Status ................................................................................................................................... 7 Eligible Costs ................................................................................................................................................. 7 Ineligible Costs .......................................................................................................................................... 8 WAEVCP Θ Other IncenƟve Programs ..................................................................................................... 8 Matching Funds ........................................................................................................................................ 8 Scoring .......................................................................................................................................................... 9 ResidenƟal – MulƟfamily Housing ........................................................................................................... 9 Fleet Depots & Workplaces .................................................................................................................... 11 IncenƟve Structure ..................................................................................................................................... 12 Award Caps ............................................................................................................................................. 13 InstallaƟon Details – Minimum & Maximum Charging Ports ............................................................... 14 InstallaƟon Details – Maximum Awards Per Site Examples .................................................................. 14 Percentage of Eligible Costs Covered ..................................................................................................... 14 Equipment Requirements .......................................................................................................................... 14 InstallaƟon Requirements .......................................................................................................................... 15 OperaƟonal Requirements ......................................................................................................................... 17 Network Requirements .............................................................................................................................. 18 DeĮniƟons .................................................................................................................................................. 18           3 PProgram Overview The Washington State Electric Vehicle Charging Program (“WAEVCP” or “Program”) was created by Governor Inslee, the Washington State Legislature, and the Washington State Department of Commerce for a cleaner, greener future. This Program aims to reduce greenhouse gas emissions and fossil fuels, improve air quality, and promote equity in access to electric vehicle charging infrastructure. This Program provides $64 million in awards to eligible applicants who install electric vehicle (“EV”) chargers at eligible sites, with a focus on installations of chargers at priority sites. Priority sites include multifamily housing, public charging locations, tribal communities, and other historically underserved and overburdened communities. The WAEVCP aims to allocate forty percent (40%) of total funding, and total project-funded charging ports, to sites in overburdened communities outside of federally recognized tribal lands. Both Level 2 (“L2”) and DC Fast Charging (“DCFC”) funds/ports will be considered towards this goal. The Department of Commerce contracted with Center for Sustainable Energy (“CSE”), The Whitener Group (“TWG”), and Western Washington Clean Cities Coalition (“WWCCC”) to serve as Technical Assistance Partners for the administration of this Program. Technical Assistance Partners will assist Commerce with sharing information about the program and provide support services for applicants and grantees. WAEVCP has specific equipment requirements, eligible costs, scoring methodology, and outreach resources. WAEVCP supports installations at existing and new development. For new development sites, WAEVCP only funds chargers that exceed the minimum requirements of the applicable building codes. Following the announcement of the funding opportunity on August 15, 2023, the WAEVCP will follow this schedule of key dates: Milestone Date ApplicaƟons open Θ IniƟal Technical Assistance Services September 6 –December 1, 2023 Webinar #1 September 13, 2023 Webinar #2 October 11, 2023 Webinar #3 November 14, 2023 ApplicaƟons due December 1, 2023 ApplicaƟon review period December 1, 2023 –January 16, 2024 Award date February 26, 2024 Secondary Technical Assistance Period January 16 –June 30, 2024 ƉƉůiĐaƟon ProĐess ApplicaƟons may be submiƩed by a lead agency from the Eligible Applicant List below. The lead agency should be able to communicate regularly with the Department of Commerce, submit informaƟon on planned installaƟons and their progress, and manage administraƟve needs. An applicaƟon can contain requests for funding for mulƟple sites. Sites will be scored individually and funded individually. Applicants can apply between September 6 and December 1, 2023. There is no Įnancial or other incenƟve to apply early – this is not a Įrst-come, Įrst-serve program. This Program uses a scoring matrix that does not award any points based on submission Ɵme or day. All applicaƟons must be received by           4 December 1, 2023. Applicants are encouraged to aƩend a webinar to learn about the program requirements and technical assistance resources. ApplicaƟons will be available through the oom Grants plaƞorm beginning September 6, 2023. A link to Zoom Grants will be available on the main program website, www.waevcharging.org (Click Apply buƩons) and below for reference: x ApplicaƟon document link: hƩps://www.zoomgrants.com/zgf/Washington_State_Dept._of_Commerce/EV_Charging_Infrast ructure_Grants. To complete the applicaƟon document, applicants must uƟlize the Mapping Tools for the appropriate site type. The Mapping Tool helps automate several key site scores and has a printable Site Report to assist applicants with data entry. The Mapping Tools are available at the links below and via links within the ApplicaƟon Document. x ResidenƟal Tool for MulƟfamily Housing Sites: https://bit.ly/EV-Residential-Grant-App x Public Tool for All Other Sites: https://bit.ly/EV-Public-Grant-App Partner organizaƟons that are supporƟng the installaƟon should be included in the applicaƟon document. The local retail electric uƟlity must be added as a partner on each site in an applicaƟon. Applicants must upload their applicaƟon document back to Zoom Grants. Applicants are responsible for ensuring that their applicaƟon informaƟon is correct and responding to any requests for addiƟonal informaƟon from the Department of Commerce. The Department of Commerce will contact applicants with any clariĮcaƟons needed on their applicaƟon. Selected applicants will need to complete a contract with the Department of Commerce to Įnalize their award. As part of the contract process, applicants will be required to submit addiƟonal documents and informaƟon to the Department of Commerce to verify their organizaƟon type, project details, and other applicaƟon content. A list of required informaƟon will be available at the Ɵme of the awards Technical assistance will be available between September 6 and December 1, 2023, for any applicant, and between the date of awards and June 30, 2024 for applicants who were awarded funding. EEligible Applicants Lead Applicants Lead Applicants should provide details on their proposed installaƟon in the ApplicaƟon Document available on Zoom Grants here: hƩps://www.zoomgrants.com/zgf/Washington_State_Dept._of_Commerce/EV_Charging_Infrastructure _Grants. Lead applicants can only submit one (1) applicaƟon per county, and must be one of the following: x Public Agencies: CiƟes, towns, counƟes, public school districts or special schools, transportaƟon planning organizaƟons, transportaƟon authoriƟes or agencies, municipal corporaƟons, port districts or authoriƟes, poliƟcal subdivision of any type, or any other enƟƟes or authoriƟes of local government in corporate form or otherwise. x Tribal En ƟƟes:           5 o Sites: Sites on the lands of federally recognized tribes, or an enterprise located oī tribal land and owned by a federally recognized tribe. o Applicants: Federally recognized tribes. x Retail Electric UƟliƟes: Any electrical company, public uƟlity district, irrigaƟon district, port district, electric cooperaƟve, or municipal electric uƟlity that is engaged in the business of distribuƟng electricity to retail electric customers in the state, per RCW 80.60.010. x Community-Based Non-ProĮts: IRC § 501(c)(3) organizaƟons or labor unions represenƟng geographic, racial, ethnic, cultural, or worker communiƟes within Washington state. If an eligible lead applicant is looking for local site hosts or partner organizaƟons, including EV service providers, they can view the free PotenƟal Site Host Θ Partner Directory on the program website Resource Library Page: hƩps://waevcharging.org/resource. Building owners/managers or EV service provider companies will need to partner with an eligible lead applicant, as listed above. Building owners/managers, EV service provider companies and others who are not eligible lead applicants can enter their informaƟon on the Interested Partners Θ Site Hosts Directory so that lead applicants can contact them to partner on an applicaƟon. Interested Partners & Site Hosts Directory is located on the WAEVCP website Resources Page: hƩps://waevcharging.org/resource. Partner Applicants Partner Applicants can be added to any applicaƟon as an addiƟonal interested party and can be any of the eligible applicant types or a designated representaƟve of the site. x In the case that an applicaƟon contains a Lead Applicant that is not a Retail Electric UƟlity, a Retail Electric UƟlity must be listed as a partner on the applicaƟon. Any applicaƟon that does not contain a Retail Electric UƟlity as a Lead or Partner Applicant may be considered ineligible. FFunding Award Disbursement Schedule Award funds will be distributed to applicants that are selected and contract with Commerce (grantees) on a per-site basis. The schedule for funds disbursement will be issued as per a schedule outlined in the contract. Award funds will not be provided via a lump sum at the Ɵme of award noƟce or at contract execuƟon. All funding is on a reimbursement basis. Reimbursements will be made based on approved invoicing and document requirements. Grantees must demonstrate that an invoice was paid before it is submiƩed for reimbursement. Required compleƟon Ɵmelines for all installaƟons are outlined below. The contract between the lead applicant and the Department of Commerce will have addiƟonal requirements, documentaƟon needs, regular reporƟng, and other criƟcal informaƟon such as required compleƟon Ɵmelines and ongoing maintenance and operaƟon reporƟng. All funding is subject to state appropriaƟon and grantees are to receive Program funds on a reimbursement basis.           6 ZZeƋuired CompleƟon dimelines Funded installaƟons must be completed according to the schedule below, starƟng at the contract start date. Extensions may be granted on a case-by-case basis at the sole discreƟon of the Department of Commerce in the event it is determined that the required compleƟon Ɵmeline is not feasible. ApplicaƟons needing an extension should contact their assigned contract specialist for any quesƟons post-award. InstallaƟon Type CompleƟon Timeline (from contract start date) Level 2 Chargers 270 Calendar Days DC Fast Chargers 580 Calendar Days CombinaƟon Sites (Level 2 and DC Fast Chargers) 580 Calendar Days Proũect PrioriƟes and Funding DistribuƟon Eligible Site Type Funding Available Percent of Program Funding Charger Types MulƟ-Family Housing $28,800,000 45% Level 2 Public Charging $25,600,000 40%Level 2 and DC Fast Charger Fleet Depots & Workplaces $9,600,000 15% Level 2 All Eligible Site Types $64,000,000 100% Eligible Site Types DeĮniƟons Eligible Site Type DeĮniƟon MulƟ-Family Housing A residenƟal development with Įve or more units. Hotels and motels do not qualify as mulƟfamily housing. Public Charging To be considered publicly available, an EV charging staƟon must not be located behind a fence or in a gated parking lot, such that the general public is unable to access or is deterred from accessing during normal operaƟonal hours for the site (generally excluding 10pm-5am). Businesses may clarify their operaƟonal hours and will be held responsible should actual access does not align with this provision and may be asked to provide documentaƟon supporƟng their operaƟonal hours. OperaƟonal hours to be idenƟĮed in applicaƟon. Fleet Depot A parking facility intended primarily for a collecƟon of motor vehicles owned or leased by an organizaƟon in pursuit of its business acƟviƟes or services provided. Both public and private Ňeet depots are eligible. If the installaƟonΖs purpose is for personal vehicles of employees, the site must qualify as a workplace use. Fleet depot installaƟons do not need to be available to the public.           7 Workplace A workplace is a non-residenƟal site locaƟon, where business is conducted or where services or industrial operaƟons are performed. ResidenƟal properƟes are not eligible as a workplace regardless of their use as a place of business. Chargers may be public or private and must be shared use (meaning that the chargers are not assigned to a single employee, or subset or employees at the site, and are available as a community resource for the site). Workplace installaƟons do not need to be available to the public. EEligible Project Status To be eligible for this Program, planning must begin aŌer September 6, 2023. No construcƟon is to begin before the contract execuƟon date. The purpose of this requirement is to ensure that funds are distributed to projects that would not otherwise be installed without the Program. Eligible Costs Eligible costs are those incurred on/aŌer the Commerce contract start date and do not exceed maximum allowable award per charging port and per charger. x Design/Planning/Engineering o Capacity analyses for the charging staƟon site. o Design and engineering for the charging staƟon. o Project management. o Electrical permiƫng. o ConstrucƟon permiƫng. x InstallaƟon o Charging staƟon installaƟon labor, including, but not limited to: ƒGrading. ƒTrenching. ƒWiring. ƒFilling. ƒPaving. ƒSealing. ƒMounƟng. ƒCommissioning. ƒAny of the above acƟviƟes related to the compleƟon of eligible stub outs. o Charging staƟon installaƟon materials, including, but not limited to: ƒConcrete. ƒAsphalt. ƒRebar. ƒFormwork. ƒConduit. ƒDrainage equipment. ƒInstallaƟon equipment. ƒAny of the above material, as needed for the compleƟon of eligible stub outs. o Project-related signage, bollards, wheel stops, painƟng, and striping. o Required ADA upgrades to site due to project.           8 o Does not include upgrades of exisƟng ADA non-compliance. x Electrical Equipment o Eligible equipment (EVSE) that meets equipment requirements. o UƟlity-side and customer-side make-ready, including, but not limited to: ƒTransformers. ƒElectrical panels/switchgear. ƒCable/Wires. ƒAddiƟonal make-ready equipment needed for eligible stub-outs. x Emergency shut-oī or ͞e-stop͟ equipment required at each site, not necessarily on each charging staƟon. x Energy storage equipment. x All-inclusive solar EV charging systems. x Load/demand management equipment. x Ongoing Services (networking, load management, maintenance, etc.) o Network service agreements with network provider. o Service level agreements, including the following services for the installed equipment: ƒRemote monitoring. ƒPreventaƟve maintenance. ƒRepair. o Extended equipment warranƟes. o Load/demand management soŌware and services. x Safety and Security o LighƟng. o Cameras, and any signage related to cameras. o Integrated soluƟons for the prevenƟon of vandalism. IIneligible Costs x Costs not speciĮed in the Eligible Costs List above unless otherwise approved by the Department of Commerce. x Costs covered by other incenƟves/grants. x Costs incurred prior to the contract award date with the Department of Commerce. x Costs for EV charging ports that are required by state building code (applies to new developments only). WAEVCP & Other IncenƟve Programs Combining funds received through the WAEVCP with other incenƟves is allowed, though the aggregate amount of incenƟve funding received for each charging staƟon cannot exceed the costs incurred for the corresponding charging staƟon. Grantees will be asked to document parƟcipaƟon in other programs as part of the applicaƟon process. Matching Funds The applicaƟon document asks whether the applicant will be contribuƟng any matching funds to the installaƟon project. Matching funds are not required. however, the seventy-Įve percent (75%) eligible cost cap outlined in the IncenƟve Structure secƟon below means that for non-tribal, non-mulƟfamily           9 sites, the program award can only cover up to seventy-Įve percent (75%) of project costs. This means that the applicant, if a grantee, would need to Įnd a way to cover the remaining twenty-Įve percent (25%) of costs, which could be in the form of other grants or incenƟves. SScoring Scoring is done on a per-site basis. An applicaƟon can contain mulƟple sites of any eligible site type. There is no minimum score. Scoring includes data from the Mapping Tool and other key informaƟon about the proposed installaƟon. Applicants must use the relevant Mapping Tool while compleƟng their applicaƟon and have the details ready if requested. The applicaƟon document contains drop-down menus and other automaƟon to reduce data entry by applicants. Technical assistance is available to any applicant between September 6 and December 1, 2023. All scoring will be veriĮed by the Department of Commerce during applicaƟon review. Mapping Tool Links: x ResidenƟal Tool for MulƟfamily Housing Sites: hƩps://bit.ly/EV-ResidenƟal-Grant-App x Public Tool for All Other Sites: hƩps://bit.ly/EV-Public-Grant-App ZesidenƟal – MulƟĨamily ,ousing Factor Metric Points Percen t Housing aīordability WTN Unaīordability of Housing Score MulƟply score by 3 ĂƚĂ͗tdEhŶĂīŽƌĚĂďůĞ,ŽƵƐŝŶŐ;хϯϬйŽĨ Income) 30 30% Low-income WTN Median Household Income MulƟple scores by 2 Data: WTN Median Household Income 20 20% Overburdened community 9-10, tribal lands and properƟes –30 7-8 – 25 1-6 – MulƟply by 3 Data: WTN EHD 30 30% Labor Commitment to electrician apprenƟceship uƟlizaƟon rates: 25% - 10 20% - 5 15% - 0 (Required) 10 10% Commitment to use Project Labor Agreement with construcƟon workers (Y or N) 55%           10 Commitment to use OMWBE contractor (Y or N) Find a contractor on the directory: hƩps://omwbe.wa.gov/directory-cerƟĮed- businesses 55% Total 100 100% Publicly Available CCharging Factor Metric Points Percent Underserved communiƟes Average of number of EVSE charging ports per capita in: (1) county; and (2) census tract. County No charging ports or more than 5,000 people per charging port – 15 points 3,001-5,000 people per charging port – 12 points 2,001-3,000 people per charging port – 9 points 1,001-2,000 people per charging port – 6 points 1-1,000 people per charging port – 3 points Added to: Census tract No charging ports – 15 points More than 1,000 people per charging port – 10 points 1-1,000 – 5 points Data: lteƌnaƟǀe &uel Data enteƌ 30 30% Geographic gaps Miles from nearest exisƟng or planned EVSE site 20+ miles – 10 points 10+ miles – 6 points 5+ miles – 4 points Below 5 miles – 2 points Data: lteƌnaƟǀe &uel Data enteƌ 10 10% Future charging events potenƟal Daily Trip Count (Applicant will give Parcel number using the mapping tool) 100+ – 10 points 65-100– 8 points 15-65– 6 points 4-15– 4 points 1-3– 2 points 0– 0 points 10 10%           11 Data: Replica trip volume data, uses total modeled daily trips to points of interest within proposed site’s parcel or closest parcel within 0.25 of a mile. Power level-to- park Ɵme Įt Avg. dwell Ɵme (L2) AssumpƟons: Use 80% of 300- mile range, 25 miles per hour 4-10 hours – 10 points 2-4 hours – 8 points 1-2 or 10-12 hours – 5 points 30 min to 1 hour, 12-16 hours – 2 points Less than 30 min, 16+ hours – 0 points Avg. dwell Ɵme (DCFC) AssumpƟons: 30 minutes to charge 80% Less than 45 minutes – 10 points 45-60 minutes – 6 points 60-90 minutes – 3 points More than 90 minutes – 0 points 10* 10% Power level-to- park Ɵme Įt conƟnued Avg. dwell Ɵme (CombinaƟon) Calculated by charging port and then averaged for site score, rounding to nearest whole number (i.e., if a site will have 4 L2 and 2DCFC,andtheavgdwellƟme is 60 minutes, the score will be (4 x 5) + (2 x 6) = 32/6 = 5 Data: Replica dwell Ɵme data, uses median dwell Ɵme of all modeled daily trips to points of interest within proposed site’s parcel or closest parcel within 0.25 of a mile. Same as row above Same as row above Overburdened community 9-10, federally-recognized tribal lands and properƟes –20 points 7-8 – 16 points 1-6 – MulƟply score by 2 Data: WTN EHD 20 20% Labor Commitment to electrician apprenƟceship uƟlizaƟon rates: 25% - 10 points 20% - 5 points 15% - 0 points (Minimum Requirement) 10 10% Commitment to use Project Labor Agreement with construcƟon workers (Y or N) 55% Commitment to use OMWBE contractor (Y or N) Find a contractor on the directory: hƩps://omwbe.wa.gov/directory-cerƟĮed-businesses 55% Total 100 *100% FFleett Depotss && Workplacess Factor Metric Points Percent Site type Public schools –30 points 30 30%           12 Public transit or port authority –25 points Other public (federal, state, local, or tribal government) – 20 points Non-public (all other) – 10 points Fleet depot Fleet depot (Y or N) 10 10% Overburdened community 9-10, tribal lands and properƟes –40 points 7-8 – 35 points 1-6 – MulƟply score by 4 Data: WTN EHD 40 40% Labor Commitment to electrician apprenƟceship uƟlizaƟon rates: 25% - 10 points 20% - 5 points 15% - 0 points (Minimum Requirement) 10 10% Commitment to use Project Labor Agreement with construcƟon workers (Y or N) 55% Commitment to use OMWBE contractor (Y or N) Find a contractor on the directory: hƩps://omwbe.wa.gov/directory-cerƟĮed-businesses 55% Total 100 100% *ClariĮcaƟon to scoring table for publicly available sites x The previous version of the ImplementaƟon Manual dated November 17, 2023, implied 20 points were available in the power level-to-park Ɵme Įt factor for sites with both DCFC and Level 2 charging ports. This was inconsistent with the percent Įeld which correctly noted 10% out of 100% available. x CombinaƟon sites had the same 10 points (not 20 points) available in this factor as sites with only DCFC charging ports or only Level 2 charging ports, with scores calculated using the weighted average described in the corresponding metric cell above. x The applicaƟons have been scored as intended by program rules, with correcƟons reŇected in award noƟces distributed to applicants on February 26, 2024. IIncenƟve Structure The eligible funding amount is a maximum award per site. The maximum award is limited by eligible project costs as deĮned in the ImplementaƟon Manual. The maximum award per site will fund up to seventy-Įve percent (75%) of the eligible project costs (as idenƟĮed on the applicaƟon) if the site type is public, Ňeet, or workplace. The applicant/partners, if they become grantees, should plan to cover the remaining percentage. Other programs can be used to fund this remainder. The maximum award per site will fund up to one hundred percent (100%) of eligible project costs if the site type is mulƟfamily residenƟal or tribal. The maximum award is a per charging port calculaƟon plus adders if eligible. The equity adder is for sites that score a 9, 10, Tribal for Overburdened CommuniƟes. The future prooĮng adder (stub-out adder) is           13 $1,000 per parking spot/stub-out and is limited to a maximum of $3,000 per site. The equity and future- prooĮng adders are included in the maximum award calculaƟon. x If eligible project costs exceed the maximum award, grantees and partners should plan to cover the remainder. Other programs can be used to fund this remainder. x If costs end up being lower than maximum award, then the maximum will not be disbursed in the full amount. AAward Caps Equipment Type Base Award Cap per Charging Port Equity Adder per Charging Port* Adder - Future ProoĮng Level 2 $7,500 $2,500 $1,000 per parking spot stub-out, up to $3,000 per site DCFC $85,000 $25,000 $1,000 per parking spot stub-out, up to $3,000 per site * Sites that score a 9 or 10 on the EHD layer of the Mapping Tool, or are tribal locaƟons, are eligible for the Equity Adder.           14 IInstallaƟon Details – Minimum & Maximum Charging Ports *All sites must have at least 33% of L2 connectors be J1772 and 33% of DCFC connectors be CCS. InstallaƟon Details – Maximum Awards Per Site Examples Level 2 Only (20 Level 2 charging ports): = 20 * ( $7,500 + $2,500 ) + $3,000 = $203,000 DCFC Only (6 DCFC charging ports): =6 * ( $85,000 + $25,000 ) + $3,000 = $663,000 Combo Site (6 Level 2 charging ports and 6 DCFC charging ports): = 6 * ( $7,500 + $2,500 ) + 6 * ( $85,000 + $25,000 ) + $3,000 = $723,000 Percentage of Eligible Costs Covered Eligible Site Type Percentage of Eligible Costs Covered* MulƟfamily Housing 100% Tribal 100% All others (Public, Fleet Depot, and Workplace) 75% *Not to exceed maximum allowable award per charging port and per charger. Equipment Requirements A Level 2 charger must comply with the following requirements to be eligible: x Uses the SAE J1772 connector standard or the NACS connector speciĮcaƟon. o *Connector requirements may change to reŇect any updates to federal guidelines regarding NACS connectors. Grantees will be noƟĮed if a change is proposed. x Can be networked via Wi-Fi, Cellular (4G and above), and/or Ethernet. Public chargers should be on public networks. All other site types may use either public or private networks. x Capable of at least a 7.2-kW power output. x Has a mobile payment device (NFC/RFID) physically located on each charger dispenser or on a kiosk serving the charger dispensers. This requirement only applies to publicly available chargers, not residenƟal or Ňeet/workplace, unless those projects are publicly available in addiƟon to their residenƟal/work purpose. EMV chip readers are not required. x Supports remote start capabiliƟes for, at minimum, payment via a toll-free number. x Does not require a membership for payment. x Uses OCPP 1.6 or 2.0.1 o Commerce will verify through attestation that the equipment is OCPP 1.6 or 2.0.1 capable. However, project partners responsible for complying with WAC 16.662.220 should be aware that they must provide documentation of OCPP certification if requested and if such certification is available. WAC 16.220.220 applies to publicly available chargers, excluding those set to free-vend. x ENERGY STAR® cerƟĮed Equipment Type Minimum Charging Ports Maximum Charging Ports Connector Types* Level 2 2 20 J1772 or NACS DCFC 2 6 CCS or NACS Combo Site (Level 2 and DCFC) 2 12 (max 6 DCFC) See Above           15 o EVSE supplying AC power (Level 2) must have ENERGY STAR® cerƟĮcaƟon to the EVSE v1.2 speciĮcaƟon. WAC 194-24-200 currently requires ENERGY STAR® 1.0. However, Commerce has proposed a rule amendment to instead require ENERGY STAR® EVSE v1.2. This Program requirement will ensure grantees are compliant with the rule once amended. o Commerce will inform grantees if the rule is amended. o Commerce will verify Energy Star cerƟĮcaƟon for Level 2 EVSE through the ENERGY STAR® product database. x CerƟĮed by a NRTL to UL 2594. A DCFC must comply with the following requirements to be eligible: x Uses the CCS1 connector standard or the NACS connector speciĮcaƟon. o CHAdeMO connectors are eligible costs but not included for the award cap calculaƟon. o *Connector requirements may change to reŇect any updates to federal guidelines regarding NACS connectors. Grantees will be noƟĮed if a change is proposed. x Can be networked via Wi-Fi, Cellular (4G and above), and/or Ethernet. Public chargers should be on public networks. All other site types may use either public or private networks. x Capable of at least a 100-kW power output per charger (not per individual charging port). x Has a mobile payment device (NFC/RFID) physically located on each charger dispenser or on a kiosk serving the charger dispensers. EMV chip readers are not required . x Supports remote start capabiliƟes for, at minimum, payment via a toll-free number. x Does not require a membership for payment. x Uses OCPP 1.6 or 2.0.1. o Commerce will verify through attestation that the equipment is OCPP 1.6 or 2.0.1 capable. However, project partners responsible for complying with WAC 16.662.220 should be aware that they must provide documentation of OCPP certification if requested and if such certification is available. WAC 16.220.220 applies to publicly available chargers, excluding those set to free-vend. x ENERGY STAR® cerƟĮcaƟon o EVSE supplying DC power (DCFCs) are not required to have ENERGY STAR® cerƟĮcaƟon. x CerƟĮed by a NRTL to UL 2202 or UL 9741. IInstallaƟon Requirements All Sites: x Eligible equipment must be installed on one of the following: o New EV charging infrastructure at an eligible site (mulƟ-family housing, public charging site, workplace, or Ňeet depot). o ExisƟng EV charging infrastructure at an eligible site, on which a charger has not previously been installed (e.g., a stub-out or make-ready). o WAEVCP funding is not to be used for chargers and other elements required as part of state building code requirements for new developments. Funding will be granted for installaƟons beyond the minimum required.           16 o Each site must have an emergency shut-oī or e-stop equipment to assist with emergency response. This requirement does not apply to each individual EV charger but to the power serving each site. o To qualify for the future proo Įng adder, Level 2 installaƟons must either meet the deĮniƟon of a stub-out or may choose to install a Level 2 receptacle. DCFC stub-out installaƟons must meet the deĮniƟon above. Stub-out installaƟons are deĮned as follows: ƒA complete “stub-out” installaƟon includes all the panel upgrades, trenching, conduit, and wiring (collecƟvely referred to as the customer-side make-ready), needed for a new EVSE to be installed later without any addiƟonal construcƟon work. A “stub-out” typically ends with at least two inches (2”) of a spare run of conduit with accessible pull rope and is capped oī to protect it from the elements. x Connector Types o At least 33% of incented connectors on site must be J1772 and/or CCS. ƒFor sites with both Level 2 and DCFC equipment: at least 33% of L2 connectors should be J1772 connectors and at least 33% of DCFC connectors should be CCS1 connectors. ƒA charger-connector conĮguraƟon capable of outpuƫng 1-20kW should be considered as L2 (which is the output band for J1772) and a charger-connector conĮguraƟon capable of outpuƫng at least 100kW should be considered as DCFC (100kW matches the minimum power output requirement for DCFC). ƒConnector requirements may change to reŇect any updates to federal guidelines regarding NACS connectors. Grantees will be noƟĮed if a change is proposed. o Internet connecƟon via Cellular, Wi-Fi, or Ethernet is required. Public chargers should be on public networks. All other site types may use either public or private networks. ƒExclusion available for internet dead zones via grantee self-aƩestaƟon. Self- aƩestaƟon documents will be made available to grantees. o Must comply with all applicable State requirements for EVSE and charging staƟons. ƒIncludes laws and policies regarding consultaƟons with federally recognized tribal lands, tribes, and members as required. o Labor license/cerƟĮcaƟon requirements: ƒContractor license and electrician cerƟĮcaƟon. ƒApprenƟces allowed with valid idenƟĮcaƟon and in accordance with state laws. At least 15% of electrical crew should be apprenƟces – this is the minimum required. AddiƟonal points will be awarded during scoring for those sites supporƟng up to 25% apprenƟces on crew. ƒEach site must have at least 15% apprenƟceship uƟlizaƟon. If an applicaƟon contains mulƟple sites that are funded, the requirement must be met/ exceeded at each site within an applicaƟon. ƒAll labor performed must adhere to prevailing wage requirements and provide saƟsfactory documentaƟon. x AddiƟonal restricƟons o WAEVCP funding is not to be used for charging sites required as part of building code requirements for new development.           17 o InstallaƟon on undeveloped sites (new development) is allowed if installaƟon provides at least two (2) addiƟonal charging ports above what is required. InstallaƟons with one (1) addiƟonal charging port are not eligible. o If EV-ready spots are required but chargers aren’t, then only the cost of installing the chargers – no pre-wiring, etc. – is eligible for funding. o Grantees will be asked to provide informaƟon on their site to the Department of Commerce and applicable building codes. MulƟ-Family Housing and Workplace Sites: x All equipment requirements as outlined in the “All Sites” secƟon above, and: x Community EducaƟon Requirement o To support electric vehicle adopƟon and charger use, grantees with installaƟons at MulƟ- Family Housing and Workplaces are required to share informaƟon including operaƟon instrucƟons, basic informaƟon about types of EV chargers with a focus on Level 2 chargers and share access informaƟon to the new chargers on site. x If the charging equipment is publicly available, in addiƟon to residenƟal or workplace purpose: o A mobile payment device (NFC/RFID) must be physically located on each charger dispenser or on a kiosk serving the charger dispensers. o A toll-free number for providing payment (if relevant for the site) and iniƟaƟng a charging session must be displayed on each charger dispenser or on a kiosk serving the charger dispensers. Public Charging Sites: x All equipment requirements as outlined in the “All Sites” secƟon above, and: x The intent of public charging sites is to provide charging for the public, especially EV users without access to residenƟal or workplace charging. x To be considered publicly available, an EV charging staƟon must not be located behind a fence or in a gated parking lot, such that the general public is unable to access or is deterred from accessing during normal operaƟonal hours for the site (generally excluding 10pm-5am). Businesses may clarify their operaƟonal hours and will be held responsible should actual access does not align with this provision and may be asked to provide documentaƟon supporƟng their operaƟonal hours. OperaƟonal hours to be idenƟĮed in applicaƟon. x A mobile payment device (NFC/RFID) must be physically located on each charger dispenser or on a kiosk serving the charger dispensers. x A toll-free number for providing payment (if relevant for the site) and iniƟaƟng a charging session must be displayed on each charger dispenser or on a kiosk serving the charger dispensers. x Public chargers should be on public networks, meaning that the charging equipment is publicly viewable on the network’s lisƟngs and is available for the public’s use. All other site types may use either public or private networks. OOperaƟonal Requirements All Sites: x Charging units must remain operaƟonal for the following terms: o Minimum of six (6) years for DCFC equipment o Minimum of four (4) years for L2 equipment           18 o Acts of God such as Ňoods, etc. impacƟng charger operaƟon are the grantee’s responsibility if not covered under warranty. x Charging session data sharing requirements are the same as the operaƟonal requirements: o Minimum of six (6) years for DCFC equipment. o Minimum of four (4) years for L2 equipment. x If a charging session, either the full session or a parƟal session, is oīered at no cost, it must be disclosed at the locaƟon where the charging session is iniƟated and prior to a user or a vehicle iniƟaƟng a charging session. x A subscripƟon, membership, or account cannot be required to iniƟate a charging session. MulƟfamily Sites and Public Sites not set to free-vend. Each charger point of sale must, at a minimum, provide the following informaƟon, if applicable: x A fee for use of the parking space. x A non-member fee for use of the charger. x The price per kWh or MJ in USD. x PotenƟal changes in the price per kWh or MJ in US Dollars, due to variable pricing. x Any other fees charged for a charging session. x Each charger point of sale must provide means for conducƟng a charging session in at least one language other than English, considering the demographics of the area and the language(s) most commonly spoken in that locaƟon. NNetwork Requirements x Must, at minimum, use Open Charge Point Interface (“OCPI”) version 2.1.1 or 2.2 standards. x Uses OCPP1.6 or 2.0.1 – cerƟĮcaƟon is not required. x Sites except mulƟfamily sites and public sites set to free-vend must be capable of facilitaƟng payment via a toll-free number. x Must be capable of remotely iniƟaƟng a charging session. DeĮniƟons x Adder:AddiƟonal award amount for installaƟons/sites that meet speciĮed priority criteria. x ApplicaƟon/ApplicaƟon Document:The form used to provide informaƟon regarding the applicant and proposed sites for the purpose of determining eligibility, communicaƟon, and cover key quesƟons such as lead applicant organizaƟon. x Charging Connector: The plug delivering power between the charger and the on-board vehicle charging equipment. x Charging Port: An access point for electric vehicle charging. Typically idenƟĮed as the number of charging connectors that an EVSE can simultaneously provide power to. x Community-Based Non-ProĮts: IRC § 501(c)(3) organizaƟons or labor unions represenƟng geographic, racial, ethnic, cultural, or worker communiƟes within Washington state. x Eligible Applicant:The designated organizaƟon/representaƟve that is eligible for the program and will be submiƫng the applicaƟon and managing the applicaƟon details and communicaƟon with Commerce and other stakeholders. Applicants that receive funding are responsible for contracƟng with the Department of Commerce and sub-awarding to any project partners.           19 x Eligible Site: A site that qualiĮes for the program based on program design. Eligible sites include mulƟ-family housing (Įve ΀5΁ or more units), public charging sites, workplaces, and Ňeet depots. x Electric Vehicle Supply Equipment (“EVSE”): The unit controlling the power supply to one or more vehicles during a charging session. Colloquially referred to as a charger. x Electric Vehicle (“EV”) Charging StaƟon: A conƟnuous installaƟon of EVSE that is served by a common point of service. x Environmental Health DispariƟes Map:An interacƟve mapping tool showing environmental and health risks by census tract to idenƟfy dispariƟes and improve equity. Integrated into Mapping Tool to assist with site scoring. Refer to scoring for more informaƟon. x Fleet Depot:A parking facility intended primarily for a collecƟon of motor vehicles owned or leased by an organizaƟon in pursuit of its business acƟviƟes or services provided. Both public and private Ňeet depots are eligible. If the purpose of the installaƟon is for personal vehicles of employees, the site must qualify as a workplace use. x Future charging events potenƟal: A scoring component calculated through the Mapping Tool. Future charging events potenƟal is deĮned as daily trip count. Refer to scoring for more informaƟon. x Geographic gaps: A scoring component calculated through the Mapping Tool. Geographic gaps are deĮned as miles from nearest exisƟng EVSE sites (AFDC, includes current and planned). Refer to scoring for more informaƟon. x Housing aīordability: A scoring component calculated through the Mapping Tool. DeĮned as Washington Tracking Network (“WTN”) Unaīordability of Housing Score which measures income spent on housing needs. x InstallaƟon: EV charging staƟon deployed because of this Program. One (1) installaƟon corresponds to one (1) site. x Lead Applicant/Lead EnƟty:An organizaƟon that is the point of contact managing an applicaƟon on behalf of mulƟple parƟcipaƟng partners. See Eligible Applicant. x Low-income community: A scoring component calculated through the Mapping Tool. Sites will be prioriƟzed in low-income communiƟes along with other socio-economic and environmental characterisƟcs through the Mapping Tool. For income levels, this program uƟlizes the WTN Median Household Income data in the Environmental Health DispariƟes Map. Refer to scoring for more informaƟon. x Mapping Tool: A map combining data on various socio-economic, environmental, and other topics used to score each site and manual scoring criteria linked to site and project characterisƟcs. x MulƟ-Family Housing:A residenƟal property with at least Įve (5) or more housing units. Hotels and motels are not considered mulƟ-family housing for this program. x OMWBE: A business owned and controlled by minority, women, and socially and economically disadvantaged persons as per the Washington Oĸce of Minority and Women’s Business Enterprises. A directory of contractors is available at this website: hƩps://omwbe.wa.gov/directory-cerƟĮed-businesses. x Overburdened Community: A Census tract with a score of 9 or 10, or a tribal locaƟon according to the Environmental Health DispariƟes Map V2 and/or a federally recognized tribe is an overburdened community for the purposes of this program. Reference Mapping Tools for more informaƟon and to view the score for a parƟcular site.           20 x Partner: CollaboraƟon between applicant and one or more organizaƟons that will be supporƟng the installaƟon. Partners can be any of the eligible applicant types or a designated representaƟve of the site. x Power level-to-park Ɵme Įt: A scoring component calculated through the Mapping Tool. This esƟmates charger uƟlizaƟon by esƟmaƟng dwell Ɵme and has disƟnct calculaƟons per type of charger (Level 2 of DC Fast Charger). x Project Labor Agreement (“PLA”): PLAs are pre-hire collecƟve bargaining agreements negoƟated between one or more construcƟon unions and one or more construcƟon employers (contractors/project owners) that establish the terms and condiƟons of employment for a speciĮc construcƟon project. x Proposed Sites: A site where an installaƟon is being proposed and is submiƩed for consideraƟon of award funding. x Public Access: To be considered publicly available, an EV charging staƟon must not be located behind a fence or in a gated parking lot, such that the general public is unable to access or is deterred from accessing during normal operaƟonal hours for the site (generally excluding 10pm- 5am). Businesses may clarify their operaƟonal hours and will be held responsible should actual access does not align with this provision and may be asked to provide documentaƟon supporƟng their operaƟonal hours. OperaƟonal hours to be idenƟĮed in applicaƟon. x Public Agencies: CiƟes, towns, counƟes, public school districts or special schools, transportaƟon planning organizaƟons, transportaƟon authoriƟes or agencies, municipal corporaƟons, port districts or authoriƟes, poliƟcal subdivision of any type, or any other enƟƟes or authoriƟes of local government in corporate form or otherwise. x Public Schools: K-12 public schools and school district buildings and bus depot faciliƟes, and higher educaƟon faciliƟes, including dormitories. . Bus depot faciliƟes include those owned and operated by contracted services in contract with a public school or school district. x Retail Electric UƟliƟes: Any electrical company, public uƟlity district, irrigaƟon district, port district, electric cooperaƟve, or municipal electric uƟlity that is engaged in the business of distribuƟng electricity to retail electric customers in the state, per RCW 80.60.010. x Rural: PopulaƟon density and land area criteria used for rural area assistance and other programs as per the Oĸce of Financial Management (wa.gov). x Scoring: The process of assigning numerical values for each scoring criteria to determine applicaƟon priority. The scoring for this program is a combinaƟon of scores derived from the Mapping Tool and other site or project characterisƟcs. x Site:Developed real property substanƟally under the common control of a single enƟty serving residents/employees/customers/guests for a common purpose. x Site Readiness: How ready the design for an installaƟon is for construcƟon, including any required design and permiƫng approvals and preparaƟon for construcƟon. x Stub-out (make-ready): A complete “stub-out” installaƟon includes all the panel upgrades, trenching, conduit, and wiring (collecƟvely referred to as the customer-side make-ready), needed for a new EVSE to be installed later without any addiƟonal construcƟon work. A “stub- out” typically ends with at least two inches (2”) of a spare run of conduit with accessible pull rope and is capped oī to protect it from the elements. x Tribal En ƟƟes           21 o Sites: Sites on the lands of federally recognized tribes, or an enterprise located oī tribal land and owned by a federally recognized tribe. o Applicants: Federally recognized tribes. x Underserved Community: The people to charging ports raƟo for the site’s Census tract and county as calculated by the Mapping Tool. Underserved in this context means underserved by exisƟng EV infrastructure. Refer to the scoring for more informaƟon. x Workplaces: A workplace is a non-residenƟal site locaƟon, where business is conducted or where services or industrial operaƟons are performed. ResidenƟal properƟes are not eligible as a workplace regardless of their use as a place of business. Chargers may be public or private and must be shared use (meaning that the chargers are not assigned to a single employee, or subset or employees at the site, and are available as a community resource for the site).           Certificate Of Completion Envelope Id: B320091937044CFD91623BC4C60EDE49 Status: Completed Subject: Complete with Docusign: City Of Renton_WAEVCP_Contract_24-92802-023_COR Comments_SMHedits.pdf, ... Division: Energy Program: Clean Transportation ContractNumber: 24-92802-023 DocumentType: Contract Source Envelope: Document Pages: 48 Signatures: 3 Envelope Originator: Certificate Pages: 6 Initials: 4 Crystal Ralkey AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 1011 Plum Street SE MS 42525 Olympia, WA 98504-2525 crystal.ralkey@commerce.wa.gov IP Address: 147.55.149.250 Record Tracking Status: Original 9/24/2024 12:52:27 PM Holder: Crystal Ralkey crystal.ralkey@commerce.wa.gov Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: Washington State Department of Commerce Location: DocuSign Signer Events Signature Timestamp Cynthia Moya cmoya@rentonwa.gov Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 146.129.251.56 Sent: 9/24/2024 1:11:40 PM Viewed: 9/24/2024 1:16:52 PM Signed: 9/24/2024 1:27:15 PM Electronic Record and Signature Disclosure: Accepted: 9/24/2024 1:16:52 PM ID: ce6ccce9-f0f4-4e5e-8fa9-003c112659f1 Armondo Pavone apavone@rentonwa.gov Mayor Security Level: Email, Account Authentication (None)Signature Adoption: Uploaded Signature Image Using IP Address: 146.129.251.56 Sent: 9/24/2024 1:27:18 PM Viewed: 9/24/2024 3:42:43 PM Signed: 9/24/2024 3:44:01 PM Electronic Record and Signature Disclosure: Accepted: 9/24/2024 3:42:43 PM ID: 8c5f126e-9d59-4d8c-9df0-ccf734b5762c Jason Seth jseth@rentonwa.gov x Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 146.129.251.56 Sent: 9/24/2024 3:44:03 PM Viewed: 9/24/2024 3:56:47 PM Signed: 9/24/2024 3:57:00 PM Electronic Record and Signature Disclosure: Accepted: 9/24/2024 3:56:47 PM ID: 9e150afd-5768-42fe-b45c-7a58669a272f Signer Events Signature Timestamp Seth Kolodziejski seth.kolo@commerce.wa.gov Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.239.157.134 Sent: 9/24/2024 3:57:02 PM Viewed: 9/25/2024 11:03:35 AM Signed: 9/25/2024 11:05:30 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Dan Nguyen dan.nguyen@commerce.wa.gov Signing Group: COM Energy Budget Office Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 147.55.149.225 Sent: 9/25/2024 11:05:32 AM Viewed: 9/26/2024 9:42:35 AM Signed: 9/26/2024 9:43:54 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Steven Hershkowitz steven.hershkowitz@commerce.wa.gov Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 147.55.149.254 Sent: 9/26/2024 9:43:56 AM Viewed: 9/26/2024 10:44:46 AM Signed: 9/26/2024 10:49:07 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Michael Furze michael.furze@commerce.wa.gov Assistant Director, Energy Division Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 24.18.107.39 Sent: 9/26/2024 10:49:10 AM Viewed: 9/26/2024 12:20:52 PM Signed: 9/26/2024 12:20:56 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Cheryl Beyer cbeyer@rentonwa.gov Security Level: Email, Account Authentication (None) Sent: 9/24/2024 1:11:39 PM Viewed: 9/24/2024 1:23:55 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Carbon Copy Events Status Timestamp Danielle Saguil danielle.saguil@commerce.wa.gov Administrative Assistant 3 Security Level: Email, Account Authentication (None) Sent: 9/26/2024 12:20:58 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Emily Morton emorton@rentonwa.gov Security Level: Email, Account Authentication (None) Sent: 9/26/2024 12:20:59 PM Viewed: 9/30/2024 1:03:30 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Cynthia Moya cmoya@rentonwa.gov Security Level: Email, Account Authentication (None) Sent: 9/26/2024 12:21:00 PM Electronic Record and Signature Disclosure: Accepted: 9/24/2024 1:16:52 PM ID: ce6ccce9-f0f4-4e5e-8fa9-003c112659f1 Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 9/24/2024 1:11:39 PM Certified Delivered Security Checked 9/26/2024 12:20:52 PM Signing Complete Security Checked 9/26/2024 12:20:56 PM Completed Security Checked 9/26/2024 12:21:00 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Washington State Department of Commerce (we, us or Company) may be required by law to provide to you 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Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system. By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that: x You can access and read this Electronic Record and Signature Disclosure; and x You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and x Until or unless you notify Washington State Department of Commerce as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by Washington State Department of Commerce during the course of your relationship with Washington State Department of Commerce.