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HomeMy WebLinkAboutContractCAG22-323 Capital 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 Sunset Gardens project. Start date: July i, 2021 THIS PAGE INTENTIONALLY LEFT BLANK TABU: OR CON •rENTs FaceSheet.....................................................................................................................1 SpecialTerms and Conditions........................................................................................1 1. Contract Management............................................................................. 2 24 Compensation. . A I A A 1 4 1 1 1 1 1 1 4 4 1 1 1 1 1 4 1 A ...... 4 ........ ,I'll, 1114IIIIIIIIIIIIII'VIII 111141111114111 2 3. Billing Procedures and Payment.............................................................. 2 4. Subcontractor Data Collection ..... ............................... 4............... ...... ..,..... 3 5, Historical or Cultural Artifacts................................................................... 3 6. Insurance, 1 $ 4 4 0 1 4 A A I * A A 1 4 A A A A 4 A 4 A 4 14 A A A A A 4 A A I A I A 4 1 1 4 . A A A A A 4 A A A A A . I I , A P A A 4 A A . A A . A . A A A 0 1 1 1 4 4 1 1 A 1 4 1 1 1 1 1 1 1 1 1 4 1 3 7. Order of Precedence, A A A A A A A A A a A 4 A 0 1 1 A A I A A I A A 4 4 1 1 1 1 P A I A A A A I A A I A A A A A A A , I A A A P A A A A A A A A A A A A 1 4 1 1 1 1 1 1 1 1 1 1 A 4 General Terms and Conditions....................................................................................... 5 1, Definitions................................................................................................5 2. 3, 4. 5. 6, 7. 8, Allowable Costs....................................................................................... All Writings Contained Herein..................................................................5 Amendments...........................................................................................4 Americans with Disabilities Act(ADA)...................................................... Approval............................................................................0......0..............5 Assignment..............................................................................................5 Attorney's Fees.........................................................................A..............5 5 5 5 9. Code Requirements. A A A I A A A 1 4 1 1 1 1 1 1 A A I A I I A 1 4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ........................................A 6 10, Confidentiality/Safeguarding of Information.............................................A 6 11. 12, 13, Conformance..........................................................................................16 Conflict of Interest.................................................................................... Copyright.................................................................................................7 6 14, 15. 16. 174 18. 19, Disallowed Costs....................................................................................A Disputes...................................................................................................7 Duplicate Payment. 4 1 A 1 4 A t A I A A 1 4 A A A 2 A I & 1 9 A * I I A I A * I A 4 A A A 0 A 6 A 0 1 A & A A 0 A I I A Governing Law and Venue....................................................................... Indemnification. I k I I I I A I I k I . A 1 1 1 1 1 1 1 A I I A I I A I A I I I A I I A I I 1 0 k I 1 0 0 A 4 A % I k 0 A A A A A I 1 Independent Capacity of the Contractor..................................................A 7 0 A 6 t A I A 6 * * A 6 9 1 & 6 1 t 1 6 k A I A A I I A 1 8 8 9 A & A A k I I A I A A 1 4 A I A 0 A * 1 1 6 % A V A A 1 8 8 20, Industrial Insurance Coverage................................................................. 8 21. 22, 23, Laws........................................................................................................9 Licensing, Accreditation and Registration ................................................ Limitation of Authority. A A A I A A A A A A I 1 9 A 7 7 4 1 A A 1 9 A A T 4 9 A A A A P 4 A A A A A I A 4 4 A t 1 9 A 9 4 A A A f 9 F A A S A A 7 9 A 1 4 A A A * A 4 1 A A 1 9 24. 25, 26, Local Public Transportation Coordination................................................4 Noncompliance With Nondiscrimination Laws .......................................... Pay Equity, I A I I I A I I A I A I I I I I I I I I I I A A I A I I A I I A I I A A I A 1 6 6 A I A t 6 A A * A A I I A 4 A 0 6 4 A t 6 6 6 1 A 9 9 A A 6 0 1 A A A 0 6 A 6 A 6 6 A 6 & t A A A A 6 A I h A 6 9 27. Political Activities....:..............................................................................10 28, Prevailing Wage Law............................................................................. 10 29, Prohibition Against Payment of Bonus or Commission ........................... 10 30. Publicity, A A A A I I I A A A A A I A A I A I A A I A A I A A A A A A A A A I A A A A A A A A I I A A A A I A A A A A A A A A I A I A A A A A A A A I A A I A A A A I A A A A A A A A A A I A A A I A A 1 1 0 31. 32, 33, Recapture..............................................................................................10 Records Maintenance............................................................................10 Registration With Department of Revenue ............................................. 11 34, Right of Inspection................................................................................. 11 35. Savings.440101414......04411111....11414111114161111111111111111111111111111111111111........14111111111111 36, Severability............................................................ .........................",,...11 37, Subcontracting,,.. ............... 11 38, Survival..................................................................................................11 39. Taxes............................................................................1.......................012 40. Termination for Cause..................................................................I........ 12 41. Termination for Convenience................................................................. 12 42. Termination Procedures. I I I I I I I I 1 4 4 1 k I I I 1 4 2 1 1 1 1 A I I & I I z 0 A I A 1 4 0 h 1 0 4 1 & 1 0 1 4 1 4 1 0 6 & 0 & I I I 1 6 h I A A 1 6 1 1 0 & 1 12 43, Treatment of Assets,.,,'.. FlIkIIIIIIII "IF*, 111 13 44, Waiver........................................................................................I..........13 Attachment A, Scope of Work Attachment B, Budget FACE SHEET Contract Number: 22-96720-009 Washington State Department 01 COmmeree Local Government Division, Growth Management Unit Conn acting Housing to Infrastructure Program (CHIP) 1. Contractor 2. Contractor Project City of Renton Sunset Gardens 1055 South Grady Way 2900 NE 10" St Renton, WA 99057 Renton, WA 98056 3, Contractor Representative 4. COMMERCE Representative Katie Nolan Eric Guida 101 1 Plain St SE Water Utility Engineer Senior Planner Olympia, WA 98504-2525 (425)757-7719 (360)725-3044 knolan@rentonwa.gov erie.guida@commerce.wa.gov 5. Contract Amount 6. Funding Source 7. Start Date 8. End Date $296,100 Federal: ❑ State: M Other: ❑ N/A: ❑ July 1,2021, June 30, 2023, subject to reappropriation through June 30, 2025 9. Federal Fluids (as applicable) 10. Federal Agency CFDA Number^ NA NA NA 10. Tax ID # IL SWV # 12, UBI # 13. DUNS # 0012200-11 177-000-094 092278894 14. Contract Purpose To support the construction of affordable housing by reimbursing the City for waived system development charges for the Sunset Gardens 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 Mark Bark ey, Assistant Dire a•, Local Government Division Armando Pavone, Mayor 10-4-2022 02/ Date \`ssorumniogr Dale ATTEST: APPROVED AS TO FORM ONLY U aS BY ASSISTANT ATTORNEY GENERAL Jason A. Seth, City Clerk APPROVAL ON FILE �/r�rCORp[trRA,E����``` Last revision 10/13/2020 SPECIAL TERMS AND CONDITIONS CAPITAL STATE FUNDS 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 forthe Contractor and their contact information are identified on the Face Sheet of this Contract. 2, COMPENSATION COMMERCE shall pay an amount not to exceed two -hundred -ninety-six thousand one hundred dollars ($296,100) 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- 96720A09. 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. Eligible expenses are those incurred beginning on May 18, 2021, through June 30, 2023, 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 Contractorfor 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. Grantees must invoice for all expenses by June 17, 2023. The parties understand and agree that any state funds not expended by June 30, 2023, will lapse on that date unless specifically reappropriated by the Washington State Legislature, If funds are so reappropriated, the state's obligation under the terms of this contract shall be contingent upon the terms of such reappropriation. 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. SPECIAL TERMS AND CONDITIONS CAPITAL STATE FUNDS 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. .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. SPECIAL TERMS AND CONDITIONS CAPITAL STATE FUNDS 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 0 GENERAL TERMS AND CONDITIONS CAPITAL STATE FUNDS 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. GENERAL TERMS AND CONDITIONS CAPITAL STATE FUNDS 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. CONFIDENTIALITYISAFEGUARDING OF INFORMATION A. "Confidential Information" as used in this section includes: 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). 8. The Contractor shall comply with all slate 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 GENERAL TERMS AND CONDITIONS CAPITAL STATE FUNDS 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 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 GENERAL TERMS AND CONDITIONS CAPITAL STATE FUNDS 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 requester's statement to both the Director or the Director's designee and the requester within five (5) working days. The Director or designee shall review the written statements and reply in writing to both parties within an (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 GENERAL TERMS AND CONDITIONS CAPITAL STATE FUNDS 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. 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 n 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. GENERAL TERMS AND CONDITIONS CAPITAL STATE FUNDS (iiil 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. 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 Taws, andlor 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 10 GENERAL TERMS AND CONDITIONS CAPITAL STATE FUNDS 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. 34. RIGHT OF INSPECTION At no additional cost all records relating to the Contractor's performance under this Contract shall be subjeot 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. SEVERA8ILITY 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. 11 GENERAL TERMS AND CONDITIONS CAPITAL STATE FUNDS 39. TAXES All payments accrued on account of payroll taxes, unemployment contributions, the Contractor's ncome 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. 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 42. 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. Upon termination of this contract, COMMERCE, in addition to any other rights provided in this contract, may require the Contractor to deliver fo 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; 12 GENERAL TERMS AND CONDITIONS CAPITAL STATE FUNDS 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. 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 tem 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 (it) commencement of use of such property in the performance of this contract, or (Ili) 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. 13 Attachment A Scope of Work Per Washington state capital budget SSB 1080 See 1074, (Laws of 2021): Reimburse waived system development charges totaling $296,100 for the Sunset Gardens housing project that serves and benefits low-income households. Jurisdiction mast have an adopted fee waiver program, and documentation that the fees have been waived for affordable housing by each provider for water, sewer, and stormwater, in accordance with the budget. 14 Attachment B Budget Waived System Development Charges for City of Renton $178,600 Water Waived System Development Charges for City ofRenton/King $ll5,500 Sewer Count Waived System Development Charges for City of Renton $ 2,000 Stonnwater Total Waived System Development Charges $296,100 15 STATI= OI° WASI-IINGTON f CF'f\R I IVIE�NT CJr C:OMMErNu W 1011 Phan Street SE o PO Box 42525 e Olympia, Washington 98504.2525 (360) 725.4000 www.cmnmerce.wa.gov February 23,2022 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 City of Renton has been awarded $1,768,137 in grant funds from the Connecting Dousing to Infrastructure (CHIP) grant program for the Sunset Gardens 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, fiords 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 fiords (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 infiastructure improvements, fiords are from the slate's allocation of Coronavirus SYaYe and Local Fiscal Recovery Funds (SLFRF) from the federal American Rescue Plan Act (ARPA) stimulus fitnding provided by the U.S. Department of the Treasury (US Treasury),I Your grant is a sub -award of the state's allocation for the SLFRF finds 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.2 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, Tlris grant will be administered by the Washington Department of Conunerce, Growth Management Services (GMS) unit. Before we disburse the finds, a contract with an agreed upon scope of work and budget will need to be executed between your organization and the Department of Commerce. 1 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. 2 Compliance and Reporting Guidance for State and Local Fiscal Recovery Funds dated November 5, 2021 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. • Documentation of consultation with Department of Archeology and Historic Preservation (DAHP) and affected tribes has been completed and there is a plan for preservation of archeological, historical and cultural resources (EO 21-02). • For requests for system development charges or fees, documentation of charges/fees waived by the city or a letter of commitment from the city that the fees will be waived and the timefranie for such waiver, • For requests for utility improvement finding, a project schedule showing affordable housing development be able to begin construction within 24 months of the grant award. • Commitment of other funds. • Documentation of a program that will monitor affordability of units for a minimum of 25 years. • Securitization (covenant and/or note and deed of trust for affordable housing units). • If applicable, state prevailing wages and documentation or attestation of strong labor standards. • 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 the applicant for signature. The authorized representative will need to sign the contract and then return a scanned pdf copy to the Commerce project manager. Their the project manager wilt route the contract for Commerce's signature. It generally takes two to four weeks to fully execute a contract. Once executed by Commerce, a frilly executed copy will be scanned and a pdf copy emailed to the jurisdiction and the grantee will have access to their funds. This is a reimbursement -style grant, meaning no advance payments under any circumstances, reimbursable costs are those that a grantee has already incurred. Eric Guida from our GMS housing programs will Ue in touch with you to develop the couh'act(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, P64 Dave Andersen, AICP Managing Director Growth Management Services cc: Armondo Pavone, Mayor, City of Renton Katie Nolan, Water Utility Engineer Eric Guida, Senior Planner, Growth Management Services Anne Fritzel, AICP, Housing Programs Manager, Growth Management Services