HomeMy WebLinkAboutContractCapital Agreement with
City of Renton
through
Connecting Housing to Infrastructure Program (CHIP)
using State Capital Funds
Purpose:
To support the construction of affordable housing by reimbursing the
City for waived system development charges for the Watershed
Apartments project.
Start date: May 18, 2021
CAG-22-259
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TABLE OF CONTENTS
i
Face Sheet ..................................................................................................................... 1
Special Terms and Conditions ........................................................................................ 2
1. Contract Management ............................................................................. 2
2. Compensation .......................................................................................... 2
3.Billing Procedures and Payment .............................................................. 2
4.Subcontractor Data Collection.................................................................. 3
5.Historical or Cultural Artifacts ................................................................... 3
6. Insurance ................................................................................................. 3
7.Order of Precedence ................................................................................ 4
General Terms and Conditions ....................................................................................... 5
1.Definitions ................................................................................................ 5
2.Allowable Costs ....................................................................................... 5
3.All Writings Contained Herein .................................................................. 5
4. Amendments ............................................................................................ 5
5.Americans with Disabilities Act (ADA) ...................................................... 5
6. Approval .................................................................................................. 5
7. Assignment .............................................................................................. 5
8.Attorney’s Fees ........................................................................................ 5
9.Code Requirements ................................................................................. 6
10.Confidentiality/Safeguarding of Information .............................................. 6
11. Conformance ........................................................................................... 7
12.Conflict of Interest .................................................................................... 7
13. Copyright ................................................................................................. 7
14.Disallowed Costs ..................................................................................... 8
15. Disputes ................................................................................................... 8
16.Duplicate Payment ................................................................................... 8
17.Governing Law and Venue ....................................................................... 8
18. Indemnification ......................................................................................... 8
19.Independent Capacity of the Contractor ................................................... 9
20.Industrial Insurance Coverage ................................................................. 9
21. Laws ........................................................................................................ 9
22.Licensing, Accreditation and Registration .............................................. 10
23.Limitation of Authority ............................................................................ 10
24.Local Public Transportation Coordination ............................................... 10
25.Noncompliance With Nondiscrimination Laws ........................................ 10
26.Pay Equity.............................................................................................. 10
27.Political Activities ................................................................................... 10
28.Prevailing Wage Law ............................................................................. 10
29.Prohibition Against Payment of Bonus or Commission ........................... 10
30.Publicity ................................................................................................. 10
31. Recapture .............................................................................................. 11
32.Records Maintenance ............................................................................ 11
33.Registration With Department of Revenue ............................................. 11
34.Right of Inspection ................................................................................. 11
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1. Savings .................................................................................................. 11
2. Severability ............................................................................................ 11
3. Subcontracting ....................................................................................... 11
4. Survival .................................................................................................. 12
5. Taxes ..................................................................................................... 12
6. Termination for Cause ........................................................................... 12
7. Termination for Convenience ................................................................. 12
8. Termination Procedures ......................................................................... 12
9. Treatment of Assets ............................................................................... 13
10. Waiver ................................................................................................... 13
Attachment A, Scope of Work
Attachment B, Budget
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FACE SHEET
1
Contract Number: 22-96720-017
Washington State Department of Commerce
Local Government Division, Growth Management Unit
Connecting Housing to Infrastructure Program (CHIP)
1.Contractor 2.Contractor Project
City of Renton
1055 South Grady Way
Renton, WA 98057
Watershed Apartments
615 Williams Avenue South
Renton, WA 98057
3.Contractor Representative 4.COMMERCE Representative
Katie Nolan
Water Utility Engineer
425)757-7719
Renton, WA 98057
Eric Guida
Senior Planner
360)725-3044
eric.guida@commerce.wa.gov
PO Box 42525
1011 Plum St SE
Olympia, WA 98504-2525
5.Contract Amount 6.Funding Source 7.Start Date 8.End Date
316,020 Federal: State: Other: N/A: May 18, 2021 June 30, 2023, subject to
re-appropriation
through June 30, 2025
9.Federal Funds (as applicable)
NA
10.Federal Agency
NA
CFDA Number:
NA
10.Tax ID #11.SWV #12.UBI #13.DUNS #
0012200-11 177-000-094 92278894
14.Contract Purpose
To support the construction of affordable housing by reimbursing the City for waived system development charges for the
Watershed Apartments project.
COMMERCE, defined as the Department of Commerce and Contractor acknowledge and accept the terms of this Contract and
attachments and have executed this Contract on the date below to start as of the date and year referenced above. The rights and
obligations of both parties to this Contract are governed by this Contract and the following other documents incorporated by reference:
Contractor Terms and Conditions including Attachment “A” – Scope of Work, and Attachment “B” – Budget.
FOR CONTRACTOR FOR COMMERCE
Armando Pavone, Mayor
Date
Mark Barkley, Assistant Director, Local Government Division
Date
APPROVED AS TO FORM ONLY
BY ASSISTANT ATTORNEY GENERAL
APPROVAL ON FILE
Last revision 10/13/2020
8/11/2022
ATTEST:
Jason A. Seth, City Clerk
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SPECIAL TERMS AND CONDITIONS
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1.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.
2.COMPENSATION
COMMERCE shall pay an amount not to exceed three-hundred-sixteen thousand twenty dollars
316,020) for the performance of all things necessary for or incidental to the performance of work as
set forth in the Scope of Work. Contractor's compensation for services rendered shall be based on the
following rates or in accordance with the following terms:
3.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 [not more often
than monthly.]
The invoices shall describe and document, to COMMERCE's satisfaction, a description of the work
performed, the progress of the project, and fees. The invoice shall include the Contract Number 22-
96720-017. 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 grantee 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.
NOTE: Optional Provision - COMMERCE shall withhold 10 percent from each payment until
acceptance by COMMERCE of the final report (or completion of the project, etc.).
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4.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 Grant performed by subcontractors and the portion of
Grant 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.
5.HISTORICAL OR CULTURAL ARTIFACTS
Prior to approval and disbursement of any funds awarded under this Contract, Contractor shall
complete the requirements of Governor’s Executive Order 05-05, where applicable, or Contractor shall
complete a review under Section 106 of the National Historic Preservation Act, if applicable. Contractor
agrees that the Contractor is legally and financially responsible for compliance with all laws, regulations,
and agreements related to the preservation of historical or cultural resources and agrees to hold
harmless COMMERCE and the state of Washington in relation to any claim related to such historical
or cultural resources s discovered, disturbed, or damaged as a result of the project funded by this
Contract.
In addition to the requirements set forth in this Contract, Contractor shall, in accordance with Governor’s
Executive Order 05-05, coordinate with Commerce and the Washington State Department of
Archaeology and Historic Preservation (“DAHP”), including any recommended consultation with any
affected tribe(s), during Project design and prior to construction to determine the existence of any tribal
cultural resources affected by Project. Contractor agrees to avoid, minimize, or mitigate impacts to the
cultural resource as a continuing prerequisite to receipt of funds under this Contract.
The Contractor agrees that, unless the Contractor is proceeding under an approved historical and
cultural monitoring plan or other memorandum of agreement, if historical or cultural artifacts are
discovered during construction, the Contractor shall immediately stop construction and notify the local
historical preservation officer and the state's historical preservation officer at DAHP, and the Commerce
Representative identified on the Face Sheet. If human remains are uncovered, the Contractor shall
report the presence and location of the remains to the coroner and local enforcement immediately, then
contact DAHP and the concerned tribe's cultural staff or committee.
The Contractor shall require this provision to be contained in all subcontracts for work or services
related to the Scope of Work attached hereto.
In addition to the requirements set forth in this Contract, Contractor agrees to comply with RCW 27.44
regarding Indian Graves and Records; RCW 27.53 regarding Archaeological Sites and Resources;
RCW 68.60 regarding Abandoned and Historic Cemeteries and Historic Graves; and WAC 25-48
regarding Archaeological Excavation and Removal Permits.
Completion of the requirements of Section 106 of the National Historic Preservation Act shall substitute
for completion of Governor’s Executive Order 05-05.
In the event that the Contractor finds it necessary to amend the Scope of Work the Contractor may be
required to re-comply with Governor's Executive Order 05-05 or Section 106 of the National Historic
Preservation Act.
6.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.
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7. ORDER OF PRECEDENCE
In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving
precedence in the following order:
Applicable federal and state of Washington statutes and regulations
Special Terms and Conditions
General Terms and Conditions
Attachment A – Scope of Work
Attachment B – Budget
add any other attachments incorporated by reference on the Face Sheet
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1. DEFINITIONS
As used throughout this Contract, the following terms shall have the meaning set forth below:
A. “Authorized Representative” shall mean the Director and/or the designee authorized in writing to
act on the Director’s behalf.
B. “COMMERCE” shall mean the Department of Commerce.
C. “Contract” or “Agreement” means the entire written agreement between COMMERCE and the
Contractor, including any Exhibits, 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.
D. "Contractor" shall mean the entity identified on the face sheet performing service(s) under this
Contract, and shall include all employees and agents of the Contractor.
E. “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.
F. ”State” shall mean the state of Washington.
G. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or
part of those services under this Contract under a separate contract with the Contractor. The terms
subcontractor” and “subcontractors” mean subcontractor(s) in any tier.
2. ALLOWABLE COSTS
Costs allowable under this Contract are actual expenditures according to an approved budget up to the
maximum amount stated on the Contract Award or Amendment Face Sheet.
3. 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.
4. 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.
5. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also referred to as
the “ADA” 28 CFR Part 35
The Contractor must comply with the ADA, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations, state and local
government services, and telecommunications.
6. APPROVAL
This contract shall be subject to the written approval of COMMERCE’s Authorized Representative and
shall not be binding until so approved. The contract may be altered, amended, or waived only by a
written amendment executed by both parties.
7. ASSIGNMENT
Neither this Contract, nor any claim arising under this Contract, shall be transferred or assigned by the
Contractor without prior written consent of COMMERCE.
8. ATTORNEYS’ FEES
Unless expressly permitted under another provision of the Contract, in the event of litigation or other
action brought to enforce Contract terms, each party agrees to bear its own attorneys’ fees and costs.
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9. CODE REQUIREMENTS
All construction and rehabilitation projects must satisfy the requirements of applicable local, state, and
federal building, mechanical, plumbing, fire, energy and barrier-free codes. Compliance with the
Americans with Disabilities Act of 1990 28 C.F.R. Part 35 will be required, as specified by the local
building Department.
10. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
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. “Personal information” includes but is not limited to information related to
a person’s name, health, finances, education, business, use of government services,
addresses, telephone numbers, social security number, driver’s license number and other
identifying numbers, and “Protected Health Information” under the federal Health Insurance
Portability and Accountability Act of 1996 (HIPAA).
B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer,
sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information
solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any
Confidential Information to any third party except with the prior written consent of COMMERCE or
as may be required by law. The Contractor shall take all necessary steps to assure that Confidential
Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of
Confidential Information or violation of any state or federal laws related thereto. Upon request, the
Contractor shall provide COMMERCE with its policies and procedures on confidentiality.
COMMERCE may require changes to such policies and procedures as they apply to this Contract
whenever COMMERCE reasonably determines that changes are necessary to prevent
unauthorized disclosures. The Contractor shall make the changes within the time period specified
by COMMERCE. Upon request, the Contractor shall immediately return to COMMERCE any
Confidential Information that COMMERCE reasonably determines has not been adequately
protected by the Contractor against unauthorized disclosure.
C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5) working
days of any unauthorized use or disclosure of any confidential information, and shall take necessary
steps to mitigate the harmful effects of such use or disclosure.
11. CONFORMANCE
If any provision of this contract violates any statute or rule of law of the state of Washington, it is
considered modified to conform to that statute or rule of law.
12. CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Ethics Board or other tribunal, the COMMERCE
may, in its sole discretion, by written notice to the CONTRACTOR terminate this contract if it is found
after due notice and examination by COMMERCE that there is a violation of the Ethics in Public Service
Act, Chapters 42.52 RCW and 42.23 RCW; or any similar statute involving the CONTRACTOR in the
procurement of, or performance under this contract.
Specific restrictions apply to contracting with current or former state employees pursuant to chapter
42.52 of the Revised Code of Washington. The CONTRACTOR and their subcontractor(s) must identify
any person employed in any capacity by the state of Washington that worked on the (YOUR PROGRAM
NAME) including but not limited to formulating or drafting the legislation, participating in grant
procurement planning and execution, awarding grants, and monitoring grants, during the 24 month
period preceding the start date of this Grant. Identify the individual by name, the agency previously or
currently employed by, job title or position held, and separation date. If it is determined by COMMERCE
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that a conflict of interest exists, the CONTRACTOR may be disqualified from further consideration for
the award of a Grant.
In the event this contract is terminated as provided above, COMMERCE shall be entitled to pursue the
same remedies against the CONTRACTOR as it could pursue in the event of a breach of the contract
by the CONTRACTOR. The rights and remedies of COMMERCE provided for in this clause shall not
be exclusive and are in addition to any other rights and remedies provided by law. The existence of
facts upon which COMMERCE makes any determination under this clause shall be an issue and may
be reviewed as provided in the “Disputes” clause of this contract.
13.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.
14.DISALLOWED COSTS
The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its Subcontractors.
15.DISPUTES
Except as otherwise provided in this Contract, when a dispute arises between the parties and it cannot
be resolved by direct negotiation, either party may request a dispute hearing with the Director of
COMMERCE, who may designate a neutral person to decide the dispute.
The request for a dispute hearing must:
be in writing;
state the disputed issues;
state the relative positions of the parties;
state the Contractor's name, address, and Contract number; and
be mailed to the Director and the other party’s (respondent’s) Contract Representative within
three (3) working days after the parties agree that they cannot resolve the dispute.
The respondent shall send a written answer to the requestor’s statement to both the Director or the
Director’s designee and the requestor within five (5) working days.
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The Director or designee shall review the written statements and reply in writing to both parties within
ten (10) working days. The Director or designee may extend this period if necessary by notifying the
parties.
The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding.
The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial
tribunal.
Nothing in this Contract shall be construed to limit the parties’ choice of a mutually acceptable alternate
dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above.
16. DUPLICATE PAYMENT
The Contractor certifies that work to be performed under this contract does not duplicate any work to
be charged against any other contract, subcontract, or other source.
17. 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.
18. INDEMNIFICATION
To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the
state of Washington, COMMERCE, agencies of the state and all officials, agents and employees of the
state, for, from and against all claims for injuries or death arising out of or resulting from the performance
of the contract. “Claim” as used in this contract, means any financial loss, claim, suit, action, damage,
or expense, including but not limited to attorney’s fees, attributable for bodily injury, sickness, disease,
or death, or injury to or the destruction of tangible property including loss of use resulting therefrom.
The Contractor’s obligation to indemnify, defend, and hold harmless includes any claim by Contractor’s
agents, employees, representatives, or any subcontractor or its employees.
The Contractor expressly agrees to indemnify, defend, and hold harmless the State for any claim arising
out of or incident to the Contractor’s or any subcontractor’s performance or failure to perform the
contract. Contractor’s obligation to indemnify, defend, and hold harmless the State shall not be
eliminated or reduced by any actual or alleged concurrent negligence of State or its agents, agencies,
employees and officials.
The Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend
and hold harmless the state and its agencies, officers, agents or employees.
19. INDEPENDENT CAPACITY OF THE CONTRACTOR
The parties intend that an independent contractor relationship will be created by this Contract. The
Contractor and its employees or agents performing under this Contract are not employees or agents of
the state of Washington or COMMERCE. The Contractor will not hold itself out as or claim to be an
officer or employee of COMMERCE or of the state of Washington by reason hereof, nor will the
Contractor make any claim of right, privilege or benefit which would accrue to such officer or employee
under law. Conduct and control of the work will be solely with the Contractor.
20. INDUSTRIAL INSURANCE COVERAGE
The Contractor shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If the
Contractor fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf
of its employees as may be required by law, COMMERCE may collect from the Contractor the full
amount payable to the Industrial Insurance Accident Fund. COMMERCE may deduct the amount owed
by the Contractor to the accident fund from the amount payable to the Contractor by COMMERCE
under this Contract, and transmit the deducted amount to the Department of Labor and Industries, (L&I)
Division of Insurance Services. This provision does not waive any of L&I’s rights to collect from the
Contractor.
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21. LAWS
The Contractor shall comply with all applicable laws, ordinances, codes, regulations and policies of
local, state, and federal governments, as now or hereafter amended.
22. 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.
23. LIMITATION OF AUTHORITY
Only the Authorized Representative or Authorized Representative’s designee by writing (designation
to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify,
or waive any clause or condition of this Contract.
24. LOCAL PUBLIC TRANSPORTATION COORDINATION
Where applicable, Contractor shall participate in local public transportation forums and implement
strategies designed to ensure access to services.
25. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
During the performance of this Contract, the Contractor shall comply with all federal, state, and local
nondiscrimination laws, regulations and policies. In the event of the Contractor’s non-compliance or
refusal to comply with any nondiscrimination law, regulation or policy, this contract may be rescinded,
canceled or terminated in whole or in part, and the Contractor may be declared ineligible for further
contracts with COMMERCE. The Contractor shall, however, be given a reasonable time in which to
cure this noncompliance. Any dispute may be resolved in accordance with the “Disputes” procedure
set forth herein.
The funds provided under this contract may not be used to fund religious worship, exercise, or
instruction. No person shall be required to participate in any religious worship, exercise, or instruction
in order to have access to the facilities funded by this grant.
26. PAY EQUITY
The Contractor agrees to ensure that “similarly employed” individuals in its workforce are compensated
as equals, consistent with the following:
a. Employees are “similarly employed” if the individuals work for the same employer, the
performance of the job requires comparable skill, effort, and responsibility, and the jobs are
performed under similar working conditions. Job titles alone are not determinative of whether
employees are similarly employed;
b. Contractor may allow differentials in compensation for its workers if the differentials are based
in good faith and on any of the following:
i) A seniority system; a merit system; a system that measures earnings by quantity or
quality of production; a bona fide job-related factor or factors; or a bona fide regional
difference in compensation levels.
ii) A bona fide job-related factor or factors may include, but not be limited to, education,
training, or experience that is: Consistent with business necessity; not based on or derived
from a gender-based differential; and accounts for the entire differential.
iii) A bona fide regional difference in compensation level must be: Consistent with business
necessity; not based on or derived from a gender-based differential; and account for the
entire differential.
This Contract may be terminated by the Department, if the Department or the Department of Enterprise
services determines that the Contractor is not in compliance with this provision.
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27. POLITICAL ACTIVITIES
Political activity of Contractor employees and officers are limited by the State Campaign Finances and
Lobbying provisions of Chapter 42.17A RCW and the Federal Hatch Act, 5 USC 1501 - 1508.
No funds may be used for working for or against ballot measures or for or against the candidacy of any
person for public office.
28. PREVAILING WAGE LAW
The Contractor certifies that all contractors and subcontractors performing work on the Project shall
comply with state Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable to the Project
funded by this contract, including but not limited to the filing of the “Statement of Intent to Pay Prevailing
Wages” and “Affidavit of Wages Paid” as required by RCW 39.12.040. The Contractor shall maintain
records sufficient to evidence compliance with Chapter 39.12 RCW, and shall make such records
available for COMMERCE’s review upon request.
29. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The funds provided under this Contract shall not be used in payment of any bonus or commission for
the purpose of obtaining approval of the application for such funds or any other approval or concurrence
under this Contract provided, however, that reasonable fees or bona fide technical consultant,
managerial, or other such services, other than actual solicitation, are not hereby prohibited if otherwise
eligible as project costs.
30. PUBLICITY
The Contractor agrees not to publish or use any advertising or publicity materials in which the state of
Washington or COMMERCE’s name is mentioned, or language used from which the connection with
the state of Washington’s or COMMERCE’s name may reasonably be inferred or implied, without the
prior written consent of COMMERCE.
31. 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.
32. 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.
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.
33. REGISTRATION WITH DEPARTMENT OF REVENUE
If required by law, the Contractor shall complete registration with the Washington State Department of
Revenue.
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34. RIGHT OF INSPECTION
At no additional cost all records relating to the Contractor’s performance under this Contract shall be
subject at all reasonable times to inspection, review, and audit by COMMERCE, the Office of the State
Auditor, and federal and state officials so authorized by law, in order to monitor and evaluate
performance, compliance, and quality assurance under this Contract. The Contractor shall provide
access to its facilities for this purpose.
35. 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 business day
notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding
limitations and conditions.
36. 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.
37. SUBCONTRACTING
The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written
approval of COMMERCE.
If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to
subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause,
COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as they
relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity;
or (c) require the Contractor to rescind or amend a subcontract.
Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The
Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term
or condition of this Contract. The Contractor shall appropriately monitor the activities of the
Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a
subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any breach
in the performance of the Contractor’s duties.
Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for
claims or damages arising from a Subcontractor’s performance of the subcontract.
38. 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.
39. TAXES
All payments accrued on account of payroll taxes, unemployment contributions, the Contractor’s
income or gross receipts, any other taxes, insurance or expenses for the Contractor or its staff shall be
the sole responsibility of the Contractor.
40. 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.
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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.
41. 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.
42. 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;
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;
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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.
43. TREATMENT OF ASSETS
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
All reference to the Contractor under this clause shall also include Contractor’s employees, agents
or Subcontractors.
44. 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.
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Attachment A
Scope of Work
Reimburse waived water, sewer, and stormwater system development charges for the
Watershed Apartments affordable housing project that serves and benefits low-income
households.
Based on the criteria within the state capital budget, SSB 1080 Sec 1074, (Laws of 2021), and
criteria developed by Commerce to ensure the terms of the appropriation are met, all grants must
meet the following criteria:
Applicant must be a city, county or public utility district, applying in coordination with
the developer of a multi-unit affordable housing project, located within a jurisdiction that
imposed a sales and use tax under RCW 82.14.530(1)(a)(ii), 82.14.530(1)(b)(i)(B),
82.14.540, or 84.52.105.
For system development charge waiver reimbursement, jurisdictions must have an
adopted fee waiver program, and documentation that the fees have been waived for the
affordable housing units by each provider for water, sewer, and stormwater, in
accordance with the budget.
The utility project must serve new multi-unit affordable 1 housing projects that serve and
benefit low-income households.2 If the project is a mixed-income project, the affordable
portion of the development must be at least 25%. CHIP funds can pay for the system
development charges for the affordable units.
The affordable housing project should be part of a program that will monitor affordability
for a minimum of 25 years, such as the Housing Trust Fund, low-income housing tax
credits, housing authority, or a city monitoring process. A covenant and/or note and deed
of trust may be required as part of securitization to ensure affordability.
1 “Affordable housing" has the same meaning as in RCW 43.185A.010, and means residential housing for rental
occupancy which, as long as the same is occupied by low-income households, requires payment of monthly housing
costs, including utilities other than telephone, of no more than thirty percent of the family's income. In the context of
homeownership, the definition from the Housing Trust Fund Handbook applies (Section 701.7): “affordability
occurs when a household’s monthly housing costs are generally no more than 38 percent of monthly household
income and total debt is no more than 45 percent of monthly household income. Housing costs include mortgage
principal, interest, property taxes, homeowner insurance, homeowner association fees, and land lease fees, as
applicable. Total debt includes other debt and utilities.”
2 "Low-income household" has the same definition as in RCW 43.185.010(6), and means a single person, family or
unrelated persons living together whose adjusted income is less than eighty percent of the median family income,
adjusted for household size, for the county where the project is located.
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Attachment B
Budget
Waived System Development Charges for
Water
City of Renton $175,950
Waived System Development Charges for
Sewer
City of Renton $120,750
Waived System Development Charges for
Stormwater
City of Renton $19,320
Total Waived System Development Charges $316,020
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STATE OF WASHINGTON
DEPARTMENT OF COMMERCE
1011 Plum Street SE PO Box 42525 Olympia, Washington 98504-2525 (360) 725-4000
www.commerce.wa.gov
April 26, 2022
City of Renton
1055 South Grady Way
Renton, WA 98057
Delivered via Email to Katie Nolan: knolan@rentonwa.gov
RE: Connecting Housing to Infrastructure (CHIP) Grant
Dear CHIP recipient:
I am pleased to inform you that the City of Renton has been awarded $316,020 in grant funds from the
Connecting Housing to Infrastructure (CHIP) grant program for the Watershed Apartments project. The
2021 Legislature created this grant program to facilitate the development of affordable housing construction.
Funding for this program is provided from two accounts:
For waived system development charges, funds are from the State Building Construction Account,
and your grant will be governed by state building construction account rules. Projects funded with
State Building Construction Account funds (state) may only be used to cover eligible costs incurred
during the period of May 18, 2021, thru June 30, 2023, subject to re-appropriation by the Legislature.
If re-appropriated, the project must be completed and invoiced by June 30, 2025.
For infrastructure improvements, funds are from the state’s allocation of Coronavirus State and
Local Fiscal Recovery Funds (SLFRF) from the federal American Rescue Plan Act (ARPA) stimulus
funding provided by the U.S. Department of the Treasury (US Treasury).19 Your grant is a sub-
award of the state’s allocation for the SLFRF funds it received directly from the U.S. Treasury. All
grants must adhere to any and all compliance and reporting requirements for the use and expenditure
of SLFRF funds.20 Projects funded with Coronavirus State and Local Fiscal Recovery Funds
federal) may only be used to cover eligible costs incurred during the period of March 3, 2021, thru
December 31, 2026, subject to re-appropriation by the Legislature, and must be obligated by
December 30, 2024.
This grant will be administered by the Washington Department of Commerce, Growth Management Services
GMS) unit. Before we disburse the funds, a contract with an agreed upon scope of work and budget will
need to be executed between your organization and the Department of Commerce.
19 The federal funds are available under Section 602 Coronavirus State Fiscal Recovery Funds of Title VI of the Social
Security Act, as added by ARPA of 2021, Title IX, Subtitle M, Section 9901. The unique 5-digit federal assistance number
assigned to the SLFRF funds on SAM.gov is Assistance Listing Number (ALN) 21.027, formerly known as a CFDA
number.
20 Compliance and Reporting Guidance for State and Local Fiscal Recovery Funds dated November 5, 2021
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All pre-contracting requirements must be met prior to executing a contract and before drawing down any
grant funds. If not already provided, these may include:
Proof of site control.
Commitment of other funds, and a project schedule showing affordable housing development be
able to begin construction within 24 months of the grant award.
Documentation of a program that will monitor affordability of units for a minimum of 25 years
or securitization (covenant and/or note and deed of trust for affordable housing units) if no other
partner.
For awards for system development charges, documentation of waived charges/fees or a letter of
commitment that the fees will be waived and the timeframe for such waiver.
For requests for utility improvement funding, documentation of state commercial prevailing
wages on the utility portion of the affordable housing project. Also, for the purposes of utility
contracts, you may subcontract, provided that a competitive process is used, and all contract
requirements flow down to the subcontractor.
Documentation of consultation with Department of Archeology and Historic Preservation
DAHP) and affected tribes is completed or in process, consistent with GEO 21-02. With this
letter, Commerce delegates consultation authority to the grantee. Please complete the EZ-1 form
and submit to DAHP, and ensure Commerce is included in subsequent communications.
Risk assessment survey, if requested.
Proof of insurance coverage, if requested by Commerce.
Any documents needed to respond to new federal guidance.
Once all pre-contracting requirements have been met, a contract will be prepared and sent to you for
signature. The authorized representative will need to sign the contract and then return a scanned pdf copy to
the Commerce project manager. Then the project manager will route the contract for Commerce’s signature.
It generally takes two to four weeks to fully execute a contract. Once executed by Commerce, a fully
executed copy will be scanned and a pdf copy emailed to the jurisdiction and you will have access to the
funds. This is a reimbursement-style grant, meaning no advance payments under any circumstances,
reimbursable costs are those that you or a subcontractor have already incurred.
Eric Guida from our GMS housing programs will be in touch with you to develop the contract(s) and answer
any questions you may have. His email is eric.guida@commerce.wa.gov, and his phone number is
360.725.3044.
Sincerely,
Dave Andersen, AICP
Managing Director
Growth Management Services
cc: Eric Guida, Senior Planner, Growth Management Services
Anne Fritzel, AICP, Housing Programs Manager, Growth Management Services
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