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054-21 - WA State Department of Health - ContractWashington State Department of Health DWSRF Municipal Pre Construction Loan Boilerplate July 2019 City of Port Orchard DWSRF NT Preconstruction Loan Contract PCL26349 (Municipal) 1. CONTRACT FACE SHEET 2021-3946 Pre -Construction Loan Number: PCL26349 Washington State Department of Health (DOH) Drinking Water State Revolving Fund (DWSRF) Municipal 1. Borrower City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 3. Borrower Type Pre Construction Loan 2. Borrower Business As 4. Borrower's Statutory Authority 5. Borrower Contract Manager Information 1 6. DOH Contract Ma Contact Name Phone # 360.876.4991 Eloise Rudolph Jacki Brown Email P.O. Box 47822 Utility ManagerpublicworksQcityofportorchard.us Olympia, WA 98504-7822 7. Project Name Port Orchard Well #11 Treatment and Booster Pump Design 8. Loan Amount $510,000.00 9. Funding Source 10. Start Date Amount: $510,000.00 Federal:® State:® DOE Loan Fee: $10,000.00 Other:❑ Interest Rate: 0% 12. Federal Funding Agency Environmental Protection Agency Catalogue of Federal Assistance (CFDA) Number 66.468 13. Borrower Tax ID # 91-6001487 14. Borrower 15. Borrower UBI # Statewide Vendor # 182000005 0026566500 Phone # 360.236.3124 Email Eloise. Rudolph@a DOH.WA.GOV 11. End Date 10/1 /2031 16. Borrower DUNS # 081932790 17. Contract Purpose DOH and the party identified above as Borrower, hereafter referred to as BORROWER, have entered into this contract to fund the project identified above that furthers the goals and objectives of the DOH DWSRF Program. The project will be done by the BORROWER as described in the scope of work and this contract. The rights and obligations of the parties are governed by this contract and the following documents incorporated by reference: General Terms and Conditions including Declarations; Attachment I: Scope of Work (Project); Attachment II Attorney's Certification; Attachment III: Federal and State Requirements; Attachment IV: Disadvantaged Business Enterprise Requirements; Attachment V: Certification Regarding Debarment, Suspension, and Other Responsibility Matters; Attachment VI: DWSRF Eligible Project Costs; and Attachment VII: Labor Standard Provisions for Subrecipients that are Governmental Entities. By the signature below, the parties acknowledge and accept the terms of this contract. _ FOR CONTRACTOR FOR DOH SIGNATURE and DATE SIGNATURE and DATE 07/29/2021 NAME AND TITLE APPROVED AS TO FORM ONLY r- Charlotte A. Archer July 28, 2021 City of Port Orchard PCL26349 NAME AND TITLE APPROVED AS TO FORM ONLY Bob Ferguson, Attorney General DWSRF NT Preconstruction Loan Contract (Municipal) 2. DECLARATIONS 2.1 BORROWER INFORMATION Legal Name: City of Port Orchard Loan Number: PCL26349 Award Year: 2021 State Wide Vendor Number: 0026566500 2.2 PROJECT INFORMATION Project Title: Port Orchard Well #11 Treatment and Booster Pump Design Project Location (City or County): Port Orchard Project State: Washington Project Zip Code: 98366 Project Scope of Work (PROJECT) Attachment 1, attached hereto and incorporated by reference 2.3 LOAN INFORMATION Loan Amount: Loan Fee (Included in loan amount if applicable) Loan Term: Interest Rate: Payment Month: Earliest Date for Preconstruction Reimbursement: Time of Performance $510,000 $10,000 10 years 0% October 15L Annually 12 months prior to contract execution 24 months from Contract execution date to Project Completion date. 2.4 SPECIAL TERMS AND CONDITIONS GOVERNING THIS LOAN AGREEMENT NA 2.5 LOAN SECURITY CONDITION GOVERNING THIS LOAN AGREEMENT Pursuant to RCW 35.51.050, the CONTRACTOR pledges to repay this loan from assessments collected from a Local Improvement District, Local Utility District or other similar special assessment district in which the improvements financed by this loan are located. The name of the special assessment district is City of Port Orchard. 2.6 Scope of Work Scope of Work: 1. Design and engineering services for equipping Well #11 to include new well house, pump, electrical, and controls. 2. Design and engineering services for new booster pump station, treatment, and finished water storage reservoir. 3. Completion of water system plan. 4. Cultural review, including preparation of documents to facilitate the cultural review. 5. Securing necessary permits for the project. City of Port Orchard DWSRF NT Preconstruction Loan Contract PCL26349 (Municipal) In addition, costs may include (but are not limited to): public involvement, fees, taxes, legal, administrative, and audit costs. Performance Measures: • Water System Plan to be reviewed and approved by Southwest Regional Office of Drinking Water. • All engineering reports and construction documents to be reviewed and approved by Southwest Regional Office of Drinking Water. All cultural review documents to be reviewed and approved by DWSRF Cultural and Environmental Program Specialist. • Copies of final permits to be provided to DWSRF Contract Manager. 2021-3946 Port Orchard Well #11 Treatment and Booster Pump Design Project Costs by Cost Category: COST CATEGORY '' CURRENT ESTIMATES Engineering Report (Preliminary Engineering) $164,807 $36,.000 $6,416 Environmental Review Historical Review/Cultural Review Planning Document $ Permits $34, 500 Public Involvement/Information $4,336 Bid Documents (Design Engineering) $250,476 Asset Management DOH Review/Approval Fees $3,465 �Other Fees (sales or use tax) iAudit Costs: Other: Contingency Other: Other: TOTAL ESTIMATED PROJECT COSTS (before Loan Fee) $500.000 Loan Origination Fee (2%) $10.000 Total DWSRF Preconstruction Loan Amount 510 000 City of Port Orchard PCL26349 DWSRF NT Preconstruction Loan Contract (Municipal) 2021-3946 Port Orchard Well #11 Treatment and Booster Pump Design Project Funding: TYPE OF FUNDING SOURCE CURREN_ T STATUS Grants and Other Non -Matching Funds Grant #1 Grant #2 Other Grants $ New Grants $ This Loan Request Other Loan #1 Other Loan #2 Other Loans [.ocai Revenue Source #1 Source #2 Other Local Revenue New Local Revenue _Other Nods Other Funds Other Funds TOTAL PROJECT FUNDING Total Grants and Other Non -Matching Funds DWSRF Preconstruction Loan Total Loans Total Local Revenue Total Other Funds a) $51 b) $510,000 City of Port Orchard PCL26349 DWSRF NT Preconstruction Loan Contract (Municipal) 2021-3946 Port Orchard Well #11 Treatment and Booster Pump Design Project Funding: TYPE OF FUNDING j�SOURCE Grants and Other Non -Matching Funds Grant #1 Grant #2 Other Grants New Grants Total Grants and Other Non -Matching Funds 1 CURRENT STATUS _ $ $ t) Loans This Loan Request DWSRF Preconstruction Loan $510,000 Other Loan #1 Other Loan #2 Other Loans $ New Loans Total Loans $ g) 510 000 Local Revenue_ Source #1 Source #2 Other Local Revenue New Local Revenue _ er FuEnds Other- Funds Other Funds OTAL PROJECT FUKRING Total Local -Revenue Total Other Funds . h) $ _ $ 0 $ J} 510 000 City of Port Orchard PCL26349 DWSRF NT Preconstruction Loan Contract (Municipal) City of Port Orchard DWSRF NIT Preconstruction Loan Contract PCL26349 (Municipal) TABLE OF CONTENTS CONTRACT TERMS AND CONDITIONS 1. DEFINITIONS............................................................................................................................................. 2. AUTHORITY............................................................................................................................................... 3. PURPOSE.................................................................................................................................................. 4. ORDER OF PRECEDENCE...........................................................................,................................................ S. AMOUNT OF LOAN................................................................................................................................... 6. LOAN FEE................................................................................................................................................... 7. TERM OF LOAN......................................................................................................................................... 8. RATE......................................................................................................................................................... 9. DISBURSEMENT OF LOAN PROCEEDS AND REQUIRED DOCUMENTATION................................................... 10. TIME OF PERFORMANCE........................................................................................................................... 11. PROJECT COMPLETION AMENDMENT AND THE PRE -CONSTRUCTION COMPLETION REPORT ....................... 12. REPAYMENT............................................................................................................................................. 13. DEFAULT IN REPAYMENT........................................................................................................................... 14. LOAN SECURITY........................................................................................................................................ 15. HISTORICAL AND CULTURAL ARTIFACTS..................................................................................................... 16. FEDERAL AND STATE REQUIREMENTS........................................................................................................ 17. COMPETITIVE BIDDING REQUIREMENTS.................................................................................................... 18. PAYMENT TO CONSULTANTS..................................................................................................................... 19. ELIGIBLE PROJECT COSTS........................................................................................................................... 20. PREVAILING WAGE.................................................................................................................................... 21. REGISTRATION WITH CENTRAL CONTRACTOR REGISTRATION (CCR)........................................................... 22. RECORDKEEPING AND ACCESS TO RECORDS.............................................................................................. 23. REPORTS................................................................................................................................................... 24. RECOGNITION OF EPA FUNDING................................................................................................................ 25. DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS......................................................................... 26. NONDISCRIMINATION PROVISION............................................................................................................. 27. PROHIBITION STATEMENT......................................................................................................................... 28. FALSE, INCORRECT, OR INCOMPLETE INFORMATION OR CLAIM.................................................................. 29. LITIGATION............................................................................................................................................... 30. ESTABLISHMENT OF ADEQUATE RATES AND RESERVES................................................................................ 31. SPECIAL CONDITIONS................................................................................................................................. 32. INVESTMENT GRADE AUDIT ........................ .................................................................... .................... ....,. 33. AMERICAN IRON AND STEEL...................................................................................................................... 34. ADMINISTRATIVE COST ALLOCATION......................................................................................................... 35. ALLOWABLE COSTS ................................... :............................................................................................... 36. ALL WRITINGS CONTAINED HEREIN.......................................................... :....... :........................................ 37. AMENDMENTS, MODIFICATIONS, ASSIGNMENTS, AND WAIVERS............................................................... City of Port Orchard DWSRF NT Preconstruction Loan Contract PCL26349 (Municipal) 38. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, ALSO REFERRED TO AS THE "ADA" 28 CFRPART 35................................................................................................................................................... 39. APPROVAL................................................................................................................................................ 40. ATTORNEYS' FEES...................................................................................................................................... 41. AUDIT....................................................................................................................................................... 42. CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR INELIGIBILITY AND VOLUNTARY EXCLUSION - PRIMARY AND LOWER TIER COVERED TRANSACTIONS..................................................................................... 43. CODE REQUIREMENTS............................................................................................................................... 44. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION............................................................................... 45. CONFORMANCE........................................................................................................................................ 46. COPYRIGHT PROVISIONS........................................................................................................................... 47. DISALLOWED COSTS................................................................................................................................... 48. DISPUTES.................................................................................................................................................. 49. DUPLICATE PAYMENT............................................................................................................................... 50. ETHICS/CONFLICTS OF INTEREST................................................................................................................ 51. GOVERNING LAW AND VENUE.................................................................................................................. 52. INDEMNIFICATION.................................................................................................................................... 53. INDEPENDENT CAPACITY OF THE CONTRACTOR......................................................................................... 54. INDUSTRIAL INSURANCE COVERAGE.......................................................................................................... 55. LAWS........................................................................................................................................................ 56. LICENSING, ACCREDITATION AND REGISTRATION...................................................................................... 57. LIMITATION OF AUTHORITY...................................................................................................................... 58. LOCAL PUBLIC TRANSPORATION COORDINATION...................................................................................... 59. NOTIFICATION OF TENANT RIGHTS/RESPONSIBILITIES............................................................................... 60. POLITICAL ACTIVITIES................................................................................................................................ 61. PROCUREMENT STANDARDS FOR FEDERALLY FUNDED PROGRAMS............................................................ 62. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISION................................................................... 63. PUBLICITY................................................................................................................................................. 64. RECAPTURE.............................................................................................................................................. 65. REGISTRATION WITH DEPARTMENT OF REVENUE...................................................................................... 66. RIGHT OF INSPECTION............................................................................................................................... 67. SAVINGS................................................................................................................................................... 68. SEVERABILITY.................................... .......................................... ..................... ....................... e ............... 69. SUBCONTRACTING.................................................................................................................................... 70. SURVIVAL................................................................................................................................................. 71. TAXES....................................................................................................................................................... 72. TERMINATION FOR CAUSE/SUSPENSION................................................................................................... 73. TERMINATION FOR CONVENIENCE............................................................................................................ 74. CONFLICT OF INTEREST............................................................................................................................. 75. TERMINATION PROCEDURES..................................................................................................................... 76. WAIVER.................................................................................................................................................... 77. WORK HOURS AND SAFETY STANDARDS................................................................................................... City of Port Orchard DWSRF NT Preconstruction Loan Contract PCL26349 (Municipal) ATTACHMENT I: ATTORNEY'S CERTIFICATION ATTACHMENT II: FEDERAL AND STATE REQUIREMENTS 1. ENVIRONMENTAL AUTHORITIES................................................................................................................ 2. ECONOMIC AND MISCELLANEOUS AUTHORITIES....................................................................................... 3. SOCIAL POLICY AUTHORITIES..................................................................................................................... 4. STATE LAWS............................................................................................................................................. ATTACHMENT III: DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS 1. GENERAL COMPLIANCE, 40 CFR, PART 33................................................................................................... 2. FAIR SHARE OBJECTIVES, 40 CFR, PART 33, SUBPART D.............................................................................. 3. SIX GOOD FAITH EFFORTS, 40 CFR, PART 33, SUBPART C................................ ................ ..... ....................... 4. MBE/WBE REPORTING, 40 CFR, PART 33, SECTIONS33.502 AND 33.503...................................................... 5. CONTRACT ADMINISTRATION PROVISIONS, 40 CFR, SECTION 33.302......................................................... 6. BIDDERS LIST, 40 CFR, SECTION 33.501(b) AND(C)...................................................................................... ATTACHMENT IV: CERTIFICATION REGARDING DEBARMENT SUSPENSION AND OTHER RESPONSIBILITY MATTERS ATTACHMENT V: DWSRF ELIGIBLE PROJECT COSTS ATTACHMENT VI: LABOR STANDARD PROVISIONS FOR SUBRECIPIENTS THAT ARE GOVERNMENTAL ENTITIES City of Port Orchard DWSRF NT Preconstruction Loan Contract PCL26349 (Municipal) 3. GENERAL TERMS AND CONDITIONS DRINKING WATER STATE REVOLVING FUND (MUNICIPAL) 1. DEFINITIONS As used throughout this Contract, the following terms shall have the meaning set forth below: 1.1. "Authorized Representative" shall mean the DOH ODW Director and/or the designee authorized in writing to act on the Director's behalf. 1.2. AWARD YEAR shall mean the calendar year in which the funds were awarded to the Department for use in making loans under this program. 1.3. "Contract" shall mean this Drinking Water State Revolving Fund Loan. 1.4. "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. 1.5. The "Contract End Date" shall mean the date the contract expires. This date shall occur in the final year of the LOAN TERM unless otherwise amended, as counted from the AWARD YEAR. The actual date of contract execution shall have no effect on the Contract End Date. 1.6. "Department" and "DOH" shall mean the Washington State Department of Health, Office of Drinking Water, who is the recipient of the Drinking Water State Revolving Fund grant and regulates drinking water systems in the State of Washington. 1.7. "Iron and steel products" are the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. 1.8. "Lender" shall mean the Washington State Department of Health 1.9. "Modified Total Direct Costs (MTDC)" shall mean all direct salaries and wages, applicable fringe benefits, materials and supplies, services, travel, and up to the first $25,000 of each subaward (regardless of the period of performance of the subawards under the award). MTDC excludes equipment, capital expenditures, charges for patient care, rental costs, tuition remission, scholarships and fellowships, participant support costs and the portion of each subaward in excess of $25,000. 1.10. "Payment Month" shall mean the day and month of the year in which payments are due. 1.11. "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. 1.12. "Pre -Construction" shall include planning, engineering, and project design necessary to a drinking water infrastructure project. 1.13. "State" shall mean the state of Washington. 1.14. "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. AUTHORITY Acting under the authority of RCW 70.119A.170 and RCW 43.155.040, the Department has awarded the Contractor a Drinking Water State Revolving Fund loan for an approved project. The Contractor will be a sub -recipient of funds provided by the United States Environmental Protection Agency, CFDA Number 66.468, Title: Safe Drinking Water State Revolving Fund, award year of this contract. City of Port Orchard PCL26349 DWSRF NT Pre Construction Loan Template (Municipal) 3. PURPOSE The Department and the Contractor have entered into this Contract to undertake a local project that furthers the goals and objectives of the Drinking Water State Revolving Fund Loan Program. The project will be undertaken by the Contractor and will include the activities described in the SCOPE OF WORK shown on the Declarations page. The project must be undertaken in accordance with the loan Program Special Terms and Conditions and all applicable federal, state and local laws and ordinances, including but not limited to those specifically enumerated in Attachment II: Federal and State Requirements, which by this reference are incorporated into this Contract as though set forth fully herein. 4. 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 including attachments. • Contract Terms and Conditions. 5. AMOUNT OF LOAN The Department, using funds appropriated from the Drinking Water Assistance Account, shall loan the Contractor a sum not to exceed the amount shown as LOAN AMOUNT on the attached Declarations Page. This loan amount includes a loan fee, if applicable, which is shown on the Declarations Page as LOAN FEE. 6. LOAN FEE If the loan fee applies, it will be assessed at loan execution, including loan funds added via amendment to this contract. The amount of the loan fee (if applicable) represents one percent (1 %) of the loan request and shall not be reduced, regardless of the actual final loan amount at project completion. If the loan fee applies and the total loan amount is increased by amendment, an additional loan fee equal to one percent (1 %) of the additional loan amount will be assessed at amendment execution. The amount of any loan fee will be displayed on the Declarations Page as LOAN FEE. 7. TERM OF LOAN Unless otherwise amended, the term of the loan shall not exceed the period shown on the Declarations Page as LOAN TERM. Except as herein provided, under no circumstances shall the loan repayment period exceed 6 years from the contract execution year. 8. INTEREST RATE The interest rate shall be the declared INTEREST RATE (declarations) per annum on the outstanding principal balance, based on a three hundred and sixty (360) day year composed of twelve (12) thirty (30) day months. 9. DISBURSEMENT OF LOAN PROCEEDS AND REQUIRED DOCUMENTATION If funding or appropriation is not available at the time the Contractor submits a request for a loan disbursement, the issuance of a warrant will be delayed or suspended until such time funds become available. Subject to availability of funds, warrants shall be issued to the Contractor for payment of allowable expenses incurred by the Contractor while undertaking and administering approved project activities in accordance with the declared SCOPE OF WORK. The loan funds will be disbursed to the Contractor as follows: 9.1. Ten percent (10%) of loan proceeds will be held until project completion. The total Drinking Water State Revolving Fund Loan shall not exceed one hundred percent (100%) of the actual eligible project costs. 9.2. When requesting reimbursement for costs incurred, the Contractor shall submit a signed and completed Invoice Voucher (Form A19), referencing the declared SCOPE OF WORK project activity performed, and any appropriate documentation such as bills, invoices, and receipts. The purchase of any land necessary and integral to the project must be included in the declared SCOPE OF WORK and be documented with an appraisal or other market valuation and a valid purchase and sale agreement. The Invoice Voucher must be certified by an official of the Contractor with authority to bind the Contractor. City of Port Orchard PCL26349 DWSRF NT Preconstruction Loan Contract (Municipal) 9.3. Each A19 Reimbursement Voucher must be accompanied by a Project Status Report, which describes, in narrative form, the progress made on the project since the last invoice was submitted, as well as a report of project status to date. The Department of Health (DOH) will not release payment for any reimbursement request received until the Project Status Report is received. After approving the Voucher and the Project Status Report, DOH shall promptly release funds to the Contractor. 9.4. Pre -construction expenses incurred after the date shown as EARLIEST DATE FOR CONSTRUCTION REIMBURSEMENT on the Declarations Page are eligible for reimbursement. Requests for reimbursements for costs related to construction activities will not be accepted until the Contractor has met the following conditions: • Issued a Notice to Proceed which follows the formal award of a construction contract; • Completed the State Environmental Review Process; • Complied with all provisions of Section 106 of the National Historic Preservation Act of 1966; • Complied with Section 20: Prevailing Wage; • Obtained approval from the Department of Health of the project report and related documents for all applicable activities described in the declared SCOPE OF WORK; and • Complied with any other loan conditions required by Department of Health. An electronic copy (emailed PDF or a FAX) of a signed Al Reimbursement Voucher and other required documentation is the preferred method for requesting reimbursement. Submit the electronic requests to your DOH Loan Officer or fax to 360-236-2252. This electronic submittal may be 25 pages or less. If you choose to send your vouchers and backup documentation electronically, please DO NOT mail in the original. You will receive email notification from your DOH Loan Officer that the electronic request has been received. DOH will pay the Contractor upon acceptance of the work performed and receipt of properly completed invoices. Invoices may be submitted to DOH not more often than monthly. Payment shall be considered timely if made by DOH within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Contractor. The Department may, at its sole discretion, 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 contract shall be made by the Department. In the event that the Contractor receives reimbursement for costs that are later determined by the Department to be ineligible, these funds shall be repaid to the Drinking Water Assistance Account by payment to the Department of Health, or its successor, together with the submission of the Project Completion Amendment. At the time of project completion, the Contractor shall submit to the Department a Pre -Construction Completion Report certifying the total actual project costs, and a final voucher for any remaining eligible funds. 10. TIME OF PERFORMANCE The Contractor shall begin the activities identified within the declared SCOPE OF WORK no later than thirty (30) days after Contract execution. The Contractor must reach project completion within the period specified on the Declarations Page as TIME OF PERFORMANCE. Failure to meet Time of Performance within the time frame described in this section shall constitute default under this Contract, and as a result, this Contract may be terminated. In the event of extenuating circumstances, the Contractor may request, in writing, at least 90 days prior to the expiration of project completion date that the Department extend the deadline for project completion. The Department may extend the time of project completion. 11. PROJECT COMPLETION AMENDMENT AND THE PRE -CONSTRUCTION COMPLETION REPORT The Contractor shall initiate a Project Completion Amendment by submitting a Pre -Construction Completion Report when activities identified in the declared SCOPE OF WORK are complete and the Contractor agrees that no additional eligible costs will be reimbursed. In the Project Completion Amendment, the Contractor will provide the following information to the Department: City of Port Orchard PCL26349 DWSRF NT Preconstruction Loan Contract (Municipal) • A certified statement of the actual dollar amounts spent, from all fund sources, in completing the project as described in the declared SCOPE OF WORK. • Certification that all costs associated with the project have been incurred. Costs are incurred when goods and services are received and/or contract work is performed. • A copy of the Department of Health Pre Construction Completion Report as submitted to Department of Health. • Evidence documenting compliance with audit requirements as referenced in Section 44. • A final voucher for the remaining eligible funds. The Project Completion Amendment shall serve as an amendment to this Contract determining the final loan amount and term of the loan. 12. REPAYMENT An assistance recipient begins annual repayment of the loan no later than one year after contract execution. The first repayment installment is due on the first day of the month shown as PAYMENT MONTH on the Declarations Page. Interest only will be charged for this first payment if a draw is made prior to this date. All subsequent payments shall consist of principal and accrued interest due that month of each year during the remaining term of the loan. Repayment of the loan under this Contract shall include the declared INTEREST RATE per annum. Interest will begin to accrue from the date each payment is issued to the Contractor. The final payment shall be on or before the completion of the declared LOAN TERM, payable on or before the declared PAYMENT MONTH of an amount sufficient to bring the loan balance to zero. The Contractor has the right to repay the unpaid balance of the loan in full at any time or make accelerated payments without penalty. The Contractor will repay the loan in accordance with the preceding conditions through the use of a check, money order, or equivalent means made payable to the Washington State Department of DOH, or its successor. 13. DEFAULT IN REPAYMENT Loan repayments shall be made in accordance with Section 12 of this Contract. A payment not received within thirty (30) days of the due date shall be declared delinquent. Delinquent payments shall be assessed a monthly penalty beginning on the first (1 st) day past the due date. The penalty will be one percent (1 %) per month or twelve percent (12%) per annum of the delinquent payment amount. These same penalty terms shall apply if the repayment of loan funds determined to be ineligible costs are not repaid within thirty (30).days. The Contractor acknowledges and agrees to the Department's right, upon delinquency in the payment of any annual installment, to notify any other entity, creditors, or potential creditors of the Contractor of such delinquency. Contractor shall be responsible for all legal fees incurred by the Department in any action undertaken to enforce its rights under this section. 14. LOAN SECURITY Loan Security may be required as a performance condition of this contract. If such performance condition is required it shall be indicated on the attached Declarations Page and identified therein as LOAN SECURITY CONDITION. The Department grants the Contractor the right to issue future bonds and notes that constitute a lien and charge on the revenue source superior to the lien and charge of this Loan Contract. Nothing in this section shall absolve the Contractor of its obligation to make loan repayments when due, and to adjust rates, fees, or surcharges, if necessary, to meet its obligations under this Contract. 15. HISTORICAL AND CULTURAL ARTIFACTS The Contractor acknowledges that any construction activities necessary to complete the activities funded by this contract are subject to Section 106 of the National Historic Preservation Act of 1966. Contractor agrees that Contractor is legally and financially responsible for compliance with all laws, regulations, and agreements related to the preservation of historical or cultural artifacts and agrees to hold harmless the State of Washington in relation to any claim related to such historical or cultural artifacts discovered, disturbed, or damaged as a result of Contractor's public works project funded under this Contract. City of Port Orchard DWSRF NT Preconstruction Loan Contract PCL26349 (Municipal) The Contractor shall not conduct or authorize destructive project planning activities before completing compliance with Section 106 of the National Historic Preservation Act of 1966, as amended. In addition, the Contractor agrees that no construction activities, ground disturbance, or excavation of any sort will begin until the Contractor has complied with all provisions of Section 106 of the National Historic Preservation Act of 1966, as amended. If historical or cultural artifacts are discovered during destructive project planning activities or construction, the Contractor shall immediately stop the activity and implement reasonable measures to protect the discovery site from further disturbance, take reasonable steps to ensure confidentiality of the discovery site, restrict access to the site, and notify the concerned tribe's cultural staff or committee, Tribal Historical Preservation Officer (THPO), the Washington State Department of Health project manager, and the State's Historical Preservation Officer (SHPO) at the Washington State Department of Archaeology and Historic Preservation (DAHP). 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 the concerned tribe's cultural staff or committee and DAHP. The Contractor shall require the above provisions to be contained in all contracts for work or services related to the declared SCOPE OF WORK. In no case shall construction activities begin until the Contractor has complied with all provisions of Section 106 of the National Historic Preservation Act of 1966. In addition to the requirements set forth in this Contract, the Contractor agrees to comply with Native American Graves Protection and Repatriation Act, Archaeological Resources Protection Act, Revised Code of Washington (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 Washington Administrative Code (WAC) 25-48 regarding Archaeological Excavation and Removal Permits. 16. FEDERAL AND STATE REQUIREMENTS The Contractor assures compliance with all applicable federal, state and local laws, requirements, and ordinances as they pertain to the design, implementation, and administration of the approved project, including but not limited to those listed in Attachments II, III, and IV. 17. COMPETITIVE BIDDING REQUIREMENTS Pursuant to 40 CFR, Section 33.501(b) and (c), the Contractor also agrees to create and maintain a bidders list for both Disadvantaged Business Enterprises (DBE) and Non -Disadvantaged Business Enterprises (non -DBE). The purpose of a bidders list is to provide the recipient and entities receiving identified loans who conduct competitive bidding with as accurate a database as possible about the universe of DBE and non -DBE prime and subcontractors. The list must include all firms that bid or quote on prime contracts or bid or quote subcontracts on Environmental Protection Agency assisted projects, including both DBE and non -DBE. The bidders list must be kept at least until the grant project period has expired and the recipient is no longer receiving Environmental Protection Agency funding under the grant. For entities receiving identified loans, the bidders list must only be kept until the project period for the identified loan has ended. The following information must be obtained from all prime and subcontractors: entity's name with point of contact; entity's mailing address, telephone number, and e-mail address; the procurement on which the entity bid or quoted, and when; and, entity's status as a DBE or non -DBE. The Contractor agrees to provide Environmental Protection Agency Form 6100-2 DBE Subcontractor Participation and Environmental Protection Agency Form 6100-3 DBE Subcontractor Performance to all its Disadvantaged Business Enterprise subcontractors. The Contractor shall require Disadvantaged Business Enterprise provisions are contained in all contracts with any subcontractors for work or services related to the declared SCOPE OF WORK. 18. PAYMENT TO CONSULTANTS EPA participation in the salary rate (excluding overhead) paid to individual consultants retained by recipients or by a recipient's contractors or subcontractors shall be limited to the maximum daily rate for Level IV of the Executive Schedule (formerly GS-18), to be adjusted annually. This limit applies to consultation services of designated individuals with specialized skills who are paid at a daily or hourly rate. This rate does not include transportation and subsistence costs for travel performed (the recipient will pay these in accordance with their normal travel reimbursement practices). City of Port Orchard PCL26349 DWSRF NT Preconstruction Loan Contract (Municipal) Subagreements with firms for services which are awarded using the procurement requirements in 40 CFR Parts 30 or 31, are not affected by this limitation unless the terms of the contract provide the recipient with responsibility for the selection, direction, and control of the individuals who will be providing services under the contract at an hourly or daily rate of compensation. See 40 CFR 30.27(b) or 40 CFR 31.360), as applicable, for additional information. Contractor may find the annual salary for Level IV of the Executive Schedule on the following Internet site: http://www.opm.gov/oca. Select "Salary and Wages," and select "Rates of Pay for the Executive Schedule" is annual salary divided by 2087 hours to determine the maximum hourly rate, which is then multiplied by 8 to determine the maximum daily rate. As of January 1, 2019, the limit is $638.24 per day $79.78 per hour. NOTE: For future years' limits, the recipient may find the annual salary for Level IV of the Executive Schedule on the following Internet site: httpsl/www=oDm.gov/policy-data-oversight/pay-leavel. Select "Salary and Wages", and select "Rates of Pay for the Executive Schedule." The annual salary is divided by 2087 hours to determine the maximum hourly rate, which is then multiplied by 8 to determine the maximum daily rate. 19. ELIGIBLE PROJECT COSTS The Contractor assures compliance with Attachment V: DWSRF Eligible Project Costs, which identifies eligible costs for projects funded by Drinking Water State Revolving Fund loans. 20. PREVAILING WAGE All contractors and subcontractors performing work on a construction project funded through this Contract shall comply with prevailing wage laws by paying the higher of state or federal prevailing wages according to: • 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 Department's review upon request; or, • The Davis Bacon Act, 40 USC 276a-276a-5 and related federal acts provide that all laborers and mechanics employed by contractors or subcontractors in the performance shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor. The Contractor agrees that the Contractor is legally and financially responsible for compliance with the prevailing wage requirements. Contractor is advised to consult the United States Department of Labor and Washington State Department of Labor and Industries websites to determine the federal and State prevailing wages that must be paid. The Contractor shall ensure that all contractors, subcontractors, engineers, vendors, and any other entity for work or services listed in the declared SCOPE OF WORK shall insert in full, in any contract, the labor standards provisions listed in Attachment VI: Labor Standard Provisions for Subrecipients That Are Governmental Entities. Contractor shall report to the Department and/or the Department of Health that this requirement has been met as stated in this Contract. 21. REGISTRATION WITH CENTRAL CONTRACTOR REGISTRATION (CCR) By signing this Contract, the Contractor accepts the requirements stated in 48 CFR 52.204-7 to register with the Central Contractor Registration (CCR) database at the System for Awards Management (SAM) website. To register in SAM, a valid Data Universal Numbering System (DUNS) Number is required. The Contractor is responsible for the accuracy and completeness of the data within the SAM database and for any liability resulting from the Government's reliance on inaccurate or incomplete data. The Contractor must remain registered in the SAM database after the initial registration. The Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in SAM to ensure it is current, accurate and complete. The Contractor shall provide evidence documenting registration and renewal of SAM registration to the Department. In the event of the Contractor's noncompliance or refusal to comply with the requirement stated above, the Department reserves the right to suspend payment until the Contractor cures this noncompliance. 22. RECORDKEEPING AND ACCESS TO RECORDS The Department, the Department's agents, and duly authorized officials of the state and federal governments shall have full access and the right to examine, copy, excerpt, or transcribe any pertinent documents, papers, records, and books of City of Port Orchard DWSRF NT Preconstruction Loan Contract PCL26349 (Municipal) the Contractor and of persons, firms, or organizations with which the Contractor may contract, involving transactions related to this project and this Contract. The Contractor shall maintain all 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 which 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. The Contractor agrees to retain these records for a period of six (6) years from the date that the debt is retired. This includes but is not limited to financial reports. 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. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been finally resolved. 23. REPORTS The Contractor, at such times and on such forms as the Department may require, shall furnish the Department with such periodic reports as it may request pertaining to the activities undertaken pursuant to this Contract including, but not limited to: • Prevailing Wage decisions and/or changes • Disadvantaged Business Enterprises utilization • Project Status Reports with each Invoice Voucher • Pre -Construction Completion Report at project completion (as described in Section 11) • Other reports as the Department may require In the event of the Contractor's noncompliance or refusal to comply with the requirement stated above, the Department reserves the right to suspend payment until the Contractor cures this noncompliance. 24. RECOGNITION OF EPA FUNDING Reports, documents, signage, videos, or other media, developed as part of projects funded by this assistance agreement shall contain the following statement: "This project has been funded wholly or in part by the United States Environmental Protection Agency. The contents of this document do not necessarily reflect the views and policies of the Environmental Protection Agency, nor does mention of trade names or commercial products constitute endorsement or recommendation for use. 25. DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS As mandated by the Environmental Protection Agency, the Contractor agrees to comply with the requirements of the Environmental Protection Agency's Program for Utilization of Small, Minority, and Women's Business Enterprises in procurement under this Contract. The Contractor is required to follow the requirements identified in Attachment III: Disadvantaged Business Enterprise Requirements. By signing this Contract, the Contractor accepts the applicable MBE/WBE fair share objectives/goals negotiated with Environmental Protection Agency by the Washington State Office of Minority and Women's Business Enterprises. The Contractor attests to the fact that it is purchasing the same or similar construction, supplies, services and equipment, in the same or similar relevant geographic buying market as Washington State Office of Minority and Women's Business Enterprises. The goals for the utilization of disadvantaged businesses are stated in Attachment III: Disadvantaged Business Enterprise Requirements. The Contractor is required to furnish the Department of Health with such periodic reports as the Department may request pertaining to the utilization of disadvantaged businesses. 26. NONDISCRIMINATION PROVISION During the performance of this contract, the Contractor shall comply with all federal and state nondiscrimination laws, including, but not limited to Chapter 49.60 RCW, Washington's Law Against Discrimination, and 42 USC 12101 et seq, the Americans with Disabilities Act (ADA). City of Port Orchard PCL26349 DWSRF NT Preconstruction Loan Contract (Municipal) In the event of the Contractor's noncompliance or refusal to comply with any applicable 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 the Department. The Contractor shall, however, be given a reasonable time in which to cure this noncompliance. The Contractor must also include the following terms and conditions in contracts with all contractors, subcontractors, engineers, vendors, and any other entity for work or services listed in the declared SCOPE OF WORK: • "The Contractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this Contract. The Contractor shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under Environmental Protection Agency financial agreements. Failure by the Contractor to carry out these requirements is a material breach of this Contract which may result in termination of this Contract." 27. PROHIBITION STATEMENT Pursuant to Section 106 of the Trafficking Victims Protection Act of 2000, as amended, the Contractor's contractors, subcontractors, engineers, vendors, and any other entity shall comply with and include the following terms and conditions in all contracts for work or services listed in the declared SCOPE OF WORK: • "All forms of trafficking in persons, illegal sex trade, or forced labor practices are prohibited in the performance of this award or subawards under the award, or in any manner during the period of time that the award is in effect. This prohibition applies to you as the recipient, your employees, subrecipients under this award, and subrecipients' employees." If any term of this section is violated, this contract may be terminated. 28. FALSE, INCORRECT, OR INCOMPLETE INFORMATION OR CLAIM The Contractor warrants that the Contractor neither has submitted nor shall submit any information that is materially false, incorrect, or incomplete to the Department. The Contractor is advised that providing false, fictitious, or misleading information with respect to the receipt and disbursements of Environmental Protection Agency funds is basis for criminal, civil, or administrative fines and/or penalties. 29. LITIGATION The Contractor warrants that there is no threatened or pending litigation, investigation, or legal action before any court, arbitrator, or administrative agency that, if adversely determined, would have a materially adverse effect on the Contractor's ability to repay the loan. 30. ESTABLISHMENT OF ADEQUATE RATES AND RESERVES The Contractor agrees to provide a resolution adopting rate increases, capital assessments, or both, for the services of the system that shall be sufficient to provide funds which, along with other revenues of the system, will pay all operating expenses and debt repayments during the term of the loan. In addition, the Contractor shall create, fund, and maintain reserves at least as required by the Water System Plan or Small Water System Management Plan. The Department reserves the right, at any time, to request proof of compliance of these requirements from the Contractor 31. SPECIAL CONDITIONS If SPECIAL CONDITIONS are listed on the Contract Declarations Page then these conditions are herein incorporated as part of the terms and requirements of this contract. 32. INVESTMENT GRADE AUDIT For projects involving repair, replacement, or improvement of a wastewater treatment plant, or other public works facility for which energy efficiency is obtainable, Contractor must undertake an investment grade audit per ESHB 1497. Costs incurred as part of the investment grade audit are eligible project costs. 33. AMERICAN IRON AND STEEL None of the funds made available to the Contractor shall be used for a project for the construction, alteration, maintenance, or repair of a public water system or treatment works unless all of the iron and steel products used in the project are produced in the United States. This requirement applies to the entire project receiving a loan City of Port Orchard PCL26349 DWSRF NT Preconstruction Loan Contract (Municipal) agreement executed after January 17, 2014. Buy American does not apply to a project if the Department of Health approves the engineering plans and specifications for the project, in that agency's capacity to approve such plans and specifications prior to a project requesting bids, prior to January 17, 2014. Waiver of the Buy American requirement may be considered if: 1) compliance would be inconsistent with the public interest; or 2) the particular iron and steel products are not produced in the United States in sufficient and reasonably available quantities and/or the particular iron and steel products are not of a satisfactory quality; or 3) inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent. For consideration, a request for a waiver must be submitted to the Environmental Protection Agency (EPA). Contractors shall submit the waiver request to DOH, which will then submit the request to EPA. EPA will post the waiver request and any other information available to EPA concerning the waiver request, on EPA's public Internet website and allow for informal public input on the request for at least 15 days prior to making a finding based on the request. The full text of the American Iron and Steel requirements appear at H.R. 3547, Consolidated Appropriations Act, 2014. 34. ADMINISTRATIVE COST ALLOCATION Administrative costs that may be allowed are set forth in the Special Terms and Conditions. Administrative services shared by other programs shall be assigned to this Contract based on an allocation plan that reflects allowable administrative costs that support services provided under each Contract administered by the Contractor. An approved current federal indirect cost rate may be applied up to the maximum administrative budget allowed. 35. 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. 36. 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. 37. AMENDMENTS, MODIFICATIONS, ASSIGNMENTS, AND WAIVERS Amendments, modifications, assignments, and waivers to any of the terms of this contract supersede those terms as found in the original contract. The Contractor may request an amendment of this Contract for the purpose of modifying the declared SCOPE OF WORK or for extending the time of performance as provided for in Section 10. Any revision to the SCOPE OF WORK or location of the project must be approved by the Department of Health. No modification or amendment resulting in an extension of time shall take effect until a request has been received and approved by the Department in accordance with Section 1.10. During the term of this loan, any change in ownership of the water system(s) improved with funds received by the Contractor under this Contract must be approved in writing by the Department. As a condition of approval, the Department reserves the right to demand payment in full of the outstanding principal balance of the loan. No conditions or provisions of this Contract may be waived unless approved by the Department in writing. No waiver of any default or breach by any party shall be implied from any failure to take action upon such default or breach if the default of breach persists or repeats. Neither this Contract, nor any claim arising under this Contract, shall be transferred or assigned by the Contractor without prior written consent of the Department. 38. 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. City of Port Orchard PCL26349 DWSRF NT Preconstruction Loan Contract (Municipal) 39. APPROVAL This contract shall be subject to the written approval of the Department'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. 40 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 attorney's fees and costs. 41. AUDIT The Department reserves the right to require an audit of this project. The Contractor is responsible for correcting any audit findings. The Contractor agrees to refund to the Department all disallowed costs resulting from the audit. Audit costs are allowable expenses within this Contract. Municipal and Not -For -Profit entities: Audits of the Contractor's project activities may be conducted by the State Auditor Office (SAO). Audit costs are eligible project costs. The Contractor shall maintain its records and accounts so as to facilitate the audit requirements of the Department or its successor. The Contractor is responsible for any audit findings incurred by its own organization. The Department reserves the right to recover from the Contractor all disallowed costs resulting from the audit. For audits of fiscal years beginning after December 26, 2014, Contractors expending $750,000 or more in any fiscal year in federal funds from all sources, direct and indirect, are required to have an audit conducted in accordance with 2 CFR §200.501 —Audit Requirements." For audits of fiscal years beginning prior to December 26, 2014, Contractors expending $500,000 or more in any fiscal year in federal funds from all sources, direct and indirect, are required to have an audit conducted in accordance with existing Federal audit requirements. For -Profit entities: Audits must include a report on the internal control related to the federal program, which should describe the scope of testing of the internal control and the results of the tests. The audit also must include a report on compliance, which includes an opinion (or disclaimer of opinion) on whether the auditee complied with laws, regulations and the provisions of the award agreement that could have a direct and material effect on the federal program. The Contractor must send a copy of any required audit Reporting Package as described in existing Federal audit requirements for audits of fiscal years beginning prior to December 26, 2014, or 2 CFR §200.512 — Report Submission, for audits of fiscal years beginning after December 26, 2014, no later than nine (9) months after the end of the Contractor's fiscal year(s) to: Department of Health Office of Drinking Water ATTN: Drinking Water State Revolving Fund 243 Israel Road SE Olympia, WA 98504 In addition to sending a copy of the audit, when applicable, the Contractor must include: • Corrective action plan for audit findings within three (3) months of the audit being received by the Department. • Copy of the Management Letter. Contractors are to procure audit services based on the following guidelines. The Contractor shall maintain its records and accounts so as to facilitate the audit requirement and shall ensure that Subcontractors also maintain auditable records. The Contractor is responsible for any audit exceptions incurred by its own organization or that of its Subcontractors. The Department reserves the right to recover from the Contractor all disallowed costs resulting from the audit. City of Port Orchard PCL26349 DWSRF NT Preconstruction Loan Contract (Municipal) As applicable, Contractors required to have an audit must ensure the audits are performed in accordance with Generally Accepted Auditing Standards (GAAS); Government Auditing Standards (the Revised Yellow Book) developed by the Comptroller General. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The Contractor must respond to the Department requests for information or corrective action concerning audit issues within thirty (30) days of the date of request. • FEDERAL FUNDS REQUIREMENTS —2 CFR 200 AUDITS OF STATES, LOCAL GOVERNMENTS AND NON-PROFIT ORGANIZATIONS Grantees expending $750,000 or more in a fiscal year (that begins after December 26, 2014) in federal funds from all sources, direct and indirect, are required to have an audit conducted in accordance with 2 CFR Part 200. For fiscal years beginning prior to December 26, 2014, Grantees are required to have an audit conducted in accordance with Federal audit requirements. When state funds are also to be paid under this Agreement a Schedule of State Financial Assistance as well as the required schedule of Federal Expenditure must be included. Both schedules include: • Grantor agency name • Federal agency • Federal program name • Other identifying contract numbers • Catalog of Federal Domestic Assistance (CFDA) number (if applicable) • Grantor contract number • Total award amount including amendments (total grant award) • Current year expenditures If the Contractor is a state or local government entity, the Office of the State Auditor shall conduct the audit. Audits of non-profit organizations are to be conducted by a certified public accountant selected by the Contractor in accordance with 2 CFR 200 "UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS." The Contractor shall include the above audit requirements in any subcontracts. In any case, the Contractor's financial records must be available for review by the Department. • DOCUMENTATION REQUIREMENTS The Contractor must send a copy of any required audit Reporting Package as described in 2 CFR 200.515, by sending a scanned copy to auditreview(o)DOH.wa.gov or by sending a hard copy to: Department of Health ATTN: Audit Review and Resolution Office 243 Israel Road SE PO Box 47822 Olympia, WA 98504-7822 In addition to sending a copy of the audit, when applicable, the Contractor must include: • Corrective action plan for audit findings within three (3) months of the audit being received by the Department. • Copy of the Management Letter. 42. CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR INELIGIBILITY AND VOLUNTARY EXCLUSION — PRIMARY AND LOWER TIER COVERED TRANSACTIONS • Contractor, defined as the primary participant and it principals, certifies by signing these General Terms and Conditions that to the best of its knowledge and belief that they: ■ Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency. City of Port Orchard PCL26349 DWSRF NT Preconstruction Loan Contract (Municipal) ■ Have not within a three-year period preceding this contract, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction, violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice; ■ Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this section; and, ■ Have not within a three-year period preceding the signing of this contract had one or more public transactions (federal, state, or local) terminated for cause of default. • Where the Contractor is unable to certify to any of the statements in this contract, the Contractor shall attach an explanation to this contract. • The Contractor agrees by signing this contract that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the Department. • The Contractor further agrees by signing this contract that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," as follows, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions: LOWER TIER COVERED TRANSACTIONS • The lower tier contractor certifies, by signing this contract that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. • Where the lower tier contractor is unable to certify to any of the statements in this contract, such contractor shall attach an explanation to this contract. ■ The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, person, primary covered transaction, principal, and voluntarily excluded, as used in this section, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the Department for assistance in obtaining a copy of these regulations. The Contractor also agrees to access the Federal Exclusion List at www.sam.gov and provide Federal Exclusion documentation to the Department and to keep a copy on file with the Contractor's project records. 43. 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. 44. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION • "Confidential Information" as used in this section includes: ■ All material provided to the Contractor by the Department that is designated as "confidential" by the Department; ■ All material produced by the Contractor that is designated as "confidential" by the Department; and ■ 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). • 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 the Department or as may be required by law. The City of Port Orchard DWSRF NT Preconstruction Loan Contract PCL26349 (Municipal) 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 the Department with its policies and procedures on confidentiality. The Department may require changes to such policies and procedures as they apply to this Contract whenever the Department reasonably determines that changes are necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time period specified by the Department. Upon request, the Contractor shall immediately return to the Department any Confidential Information that the Department reasonably determines has not been adequately protected by the Contractor against unauthorized disclosure. • Unauthorized Use or Disclosure. The Contractor shall notify the Department 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. 45. 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 46. COPYRIGHT PROVISIONS 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 the Department. The Department 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 the Department 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 the Department 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 the Department. The Contractor shall exert all reasonable effort to advise the Department, 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 the Department with prompt written notice of each notice or claim of infringement received by the Contractor with respect to any Materials delivered under this Contract. The Department shall have the right to modify or remove any restrictive markings placed upon the Materials by the Contractor. 47. DISALLOWED COSTS The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its Subcontractors. 48. 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 the Department, 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. City of Port Orchard DWSRF NT Preconstruction Loan Contract PCL26349 (Municipal) The respondent shall send a written answer to the requestor's statement to both the Director or the Director's designee and the requestor within five (5) working days. The Director or designee shall review the written statements and reply in writing to both parties within ten (10) working days. The Director or designee may extend this period if necessary by notifying the parties. The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding. The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal. Nothing in this 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. 49. 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. 50. ETHICS/CONFLICTS OF INTEREST In performing under this Contract, the Contractor shall assure compliance with the Ethics in Public Service Act (Chapter 42.52 RCW) and any other applicable state or federal law related to ethics or conflicts of interest. 51. 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. 52. INDEMNIFICATION To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the state of Washington, the Department, all other agencies of the state and all officers, agents and employees of the state, from and against all claims or damages for injuries to persons or property or death arising out of or incident to the Contractor's performance or failure to perform the Contract. The Contractor's obligation to indemnify, defend, and hold harmless includes any claim by the Contractor's agents, employees, representatives, or any Subcontractor or its agents, employees, or representatives. The Contractor's obligation to indemnify, defend, and hold harmless shall not be eliminated by any actual or alleged concurrent negligence of the state or its agents, agencies, employees and officers. Subcontracts shall include a comprehensive indemnification clause holding harmless the Contractor, the Department, the state of Washington, its officers, employees and authorized agents. 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. 53. 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 the Department. The Contractor will not hold itself out as or claim to be an officer or employee of the Department 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. 54. 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, The Department may collect from the Contractor the full amount payable to the Industrial Insurance Accident Fund. The Department may deduct the amount owed by the Contractor to the accident fund from the amount payable to the Contractor by the Department 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. City of Port Orchard DWSRF NT Preconstruction Loan Contract PCL26349 (Municipal) 55. 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, including, but not limited to: ■ UNITED STATES LAWS, REGULATIONS AND CIRCULARS (FEDERAL) o Audits ■ Office of Management and Budget (OMB) Revised Circular A-133 "Audits of States, Local Governments, and Non -Profit Organizations." o Environmental Protection and Review ■ Coastal Zone Management Act of 1972, 16 USC.§§1451-1464HUD's implementing regulations at 24 CFR parts 50 or 58, as appropriate. ■ Lead Based Paint Poisoning Prevention Act, 42 USC 4821-4846 also 24 CFR 982.401(j). ■ National Environmental Policy Act of 1969, 42 USC4321 et seq. and the Implementing Regulations of 24 CFR 58 (HUD) and 40 CFR 1500-1508 (Council on Environmental Quality) Residential Lead -Based Paint Hazard Reduction Act of 1992, 42 USC 4851-4856. o Flood Plains ■ Flood Disaster Protection Act of 1973, 42 USC 4001-4128. o Labor and Safety Standards • All Rental Units Assisted with Federal Funds Must Meet the Section 8 Housing Quality Standards (HQS) and Local Housing Code Requirements for the duration of the Affordability Period. ■ Convict Labor, 18 USC 751, 752, 4081, 4082. ■ Davis Bacon Act, 40 USC 276a-276a-5. ■ Drug -Free Workplace Act of 1988, 41 USC 701 et seq. ■ Federal Fair Labor Standards Act, 29 USC 201 et seq. • Work Hours and Safety Act of 1962, 40 USC 327-330 and Department of Labor Regulations, 29 CFR Part 5. ■ Title IV of the Lead Based Paint Poisoning Prevention Act, 42 USC 4831, 24 CFR Part 35. o Laws against Discrimination ■ Age Discrimination Act of 1975, Public Law 94-135, 42 USC 6101-07, 45 CFR Part 90 Nondiscrimination in Federally Assisted Programs. ■ Americans with Disabilities Act of 1990, Public Law 101-336. ■ Equal Employment Opportunity, Executive Order 11246, as amended by Executive Order 11375 and supplemented in U.S. Department of Labor Regulations, 41 CFR Chapter 60. • Executive Order 11246, as amended by EO 11375, 11478, 12086 and 12102. • Fair Housing Act (42 USC 3601-19) and implementing regulations at 24 CFR part 100.Section 504 of the Rehabilitation Act of 1973 and implementing regulations at 24 CFR part 8. • Fair Housing, Title VIII of the Civil Rights Act of 1968, Public Law 90-284, 42 USC 3601-19. ■ Handicapped Employees of Government Contractors, Rehabilitation Act of 1973, Section 503, 29 USC 793. ■ Handicapped Recipients of Federal Financial Assistance, Rehabilitation Act of 1973, Section 504, 29 USC 794. • Minority Business Enterprises, Executive Order 11625, 15 USC 631. ■ Minority Business Enterprise Development, Executive Order 12432, 48 FIR 32551. ■ Nondiscrimination and Equal Opportunity, 24 CFR 5.105(a). City of Port Orchard PCL26349 DWSRF NT Preconstruction Loan Contract (Municipal) ■ Nondiscrimination in Benefits, Title VI of the Civil Rights Act of 1964, Public Law 88-352, 42 USC 2002d et seq, 24 CFR Part 1. ■ Nondiscrimination in Employment, Title VII of the Civil Rights Act of 1964, Public Law 88-352. ■ Nondiscrimination in Federally Assisted Programs. ■ Nondiscrimination in Federally Assisted Construction Contracts, Executive Order 11246, 42 USC 2000e, as amended by Executive Order 11375, 41 CFR Chapter 60. ■ Section 3, Housing and Urban Development Act of 1968, 12 USC 1701 u (See 24 CFR 570.607(b)). o Office of Management and Budget Circulars • Cost Principles for State, Local and Indian Tribal Governments, OMB Circular A-87, 2 CFR, Part 225. • Cost Principles for Nonprofit Organizations, OMB Circular A-122, (if the Contractor is a nonprofit organization). ■ Grants and Cooperative Agreements with State and Local Governments, OMB Circular A-102, (if the Contractor is a local government or federally recognized Indian tribal government). ■ Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Nonprofit Organizations, OMB Circular A-110. o Other ■ Anti -Kickback Act, 18 USC 874; 40 USC 276b, 276c; 41 USC 51-54. ■ H.R. 3547, Consolidated Appropriations Act, 2014. ■ Governmental Guidance for New Restrictions on Lobbying; Interim Final Guidance, Federal Register 1, Vol. 54, No. 243\Wednesday, December 20, 1989. ■ Hatch Political Activity Act, 5 USC 1501-8. ■ Lobbying and Disclosure, 42 USC 3537a and 3545 and 31 USC 1352 (Byrd Anti -Lobbying Amendment). 31 USC 1352 provides that Contractors who apply or bid for an award of $100,000 or more must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or other award covered by 31 USC 1352. Each tier must disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. ■ Non -Supplanting Federal Funds. ■ Section 8 Housing Assistance Payments Program. o Privacy ■ Privacy Act of 1974, 5 USC 522a. o Relocation Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970 and implementing regulations at 49 CFR part 24. ■ Section 104(d) of the Housing and Community Development Act of 1974 and the implementing regulations at 24 CRF part 570. ■ WASHINGTON STATE LAWS AND REGULATIONS o Affirmative Action, RCW 41.06.020. o Departments of Directors or Officers of Non -Profit Corporations — Liability - Limitations, RCW 4.24.264. o Disclosure -Campaign Finances -Lobbying, Chapter 42.17 RCW. o Discrimination -Human Rights Commission, Chapter 49.60 RCW. o Ethics in Public Service, Chapter 42.52 RCW. City of Port Orchard DWSRF NT Preconstruction Loan Contract PCL26349 (Municipal) o Affordable Housing Program, Chapter 43.185 RCW o Interlocal Cooperation Act, Chapter 39.34 RCW. o Noise Control, Chapter 70.107 RCW. o Office of Minority and Women's Business Enterprises, Chapter 39.19 RCW and Chapter 326-02 WAC. o Open Public Meetings act, Chapter 42.30 RCW. o Prevailing Wages on Public Works, Chapter 39.12 RCW. o Public Records Act, Chapter 42.56 RCW. o Relocation Assistance - Real Property Acquisition Policy, Chapter 8.26 RCW. o Shoreline Management Act of 1971, Chapter 90.58 RCW. o State Budgeting, Accounting, and Reporting System, Chapter 43.88 RCW. o State Building Code, Chapter 19.27 RCW and Energy -Related Building Standards, Chapter 19.27A RCW, and Provisions in Buildings for Aged and Handicapped Persons, Chapter 70.92 RCW. o State Coastal Zone Management Program Section 309 Assessment and Strategy (Publication 01-06- 003), Shorelands and Environmental Assistance Program, Washington State Department of Ecology. o State Environmental Policy, Chapter 43.21 C RCW. o State Executive Order 05-05, Archeological and Cultural Resources. 56. 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. 57. LIMITATION OF AUTHORITY Amendments must be mutually negotiated. 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 negotiate alterations, amendments, modifications, or waivers to any clause or condition of this Contract. 58. LOCAL PUBLIC TRANSPORATION COORDINATION Where applicable, Contractor shall participate in local public transportation forums and implement strategies designed to ensure access to services. 59. NOTIFICATION OF TENANT RIGHTS/RESPONSIBILITIES The Contractor shall provide all tenants, if any, with information outlining tenant rights and responsibilities under the Washington State Landlord Tenant laws, Title 59, Revised Code of Washington. The Contractor shall also provide all occupants of property acquired with U.S. Department of Housing and Urban Development (HUD) funds notice regarding their eligibility for relocation assistance. Such notices will be provided as required by the Uniform Relocation Assistance and Real Property Acquisition Act of 1970, as amended and referenced in 49 CFR part 24 and Section 104(d) of the Housing and Community Development Act of 1974, as amended and referenced in 24 CFR 570 and noted in HUD's Handbook No. 1378. Notifications will include but not be limited to: • General Information Notice • Notice of Displacement/Non-Displacement 60. POLITICAL ACTIVITIES Political activity of Contractor employees and officers are limited by the State Campaign Finances and Lobbying provisions of Chapter 42.17 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. City of Port Orchard PCL26349 DWSRF NT Preconstruction Loan Contract (Municipal) 61. PROCUREMENT STANDARDS FOR FEDERALLY FUNDED PROGRAMS A Contractor which is a local government or Indian Tribal government must establish procurement policies and procedures in accordance with OMB Circulars A-102, Uniform Administrative Requirements for Grants in Aid for State and Local Governments, for all purchases funded by this Contract. A Contractor which is a nonprofit organization shall establish procurement policies in accordance with OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with Nonprofit Agencies, for all purchases funded by this Contract. The Contractor's procurement system should include at least the following: • A code or standard of conduct that shall govern the performance of its officers, employees, or agents engaged in the awarding of contracts using federal funds. • Procedures that ensure all procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free competition. • Minimum procedural requirements, as follows: o Follow a procedure to assure the avoidance of purchasing unnecessary or duplicative items. o Solicitations shall be based upon a clear and accurate description of the technical requirements of the procured items. o Positive efforts shall be made to use small and minority -owned businesses. o The type of procuring instrument (fixed price, cost reimbursement) shall be determined by the Contractor, but must be appropriate for the particular procurement and for promoting the best interest of the program involved. o Contracts shall be made only with reasonable subcontractors who possess the potential ability to perform successfully under the terms and conditions of the proposed procurement. o Some form of price or cost analysis should be performed in connection with every procurement action. o Procurement records and files for purchases shall include all of the following: • Contractor selection or rejection. ■ The basis for the cost or price. ■ Justification for lack of competitive bids if offers are not obtained. • A system for contract administration to ensure Contractor conformance with terms, conditions and specifications of this Contract, and to ensure adequate and timely follow-up of all purchases. • Contractor and Subcontractor must receive prior approval from the Department for using funds from this Contract to enter into a sole source contract or a contract where only one bid or proposal is received when value of this contract is expected to exceed $5,000. Prior approval requests shall include a copy of proposed contracts and any related procurement documents and justification for non-competitive procurement, if applicable. 62. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISION 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. 63. PUBLICITY The Contractor agrees not to publish or use any advertising or publicity materials in which the state of Washington or the Department's name is mentioned, or language used from which the connection with the state of Washington's or the Department's name may reasonably be inferred or implied, without the prior written consent of the Department. City of Port Orchard PCL26349 DWSRF NT Preconstruction Loan Contract (Municipal) 64. 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, The Department reserves the right to recapture funds in an amount to compensate the Department 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 the Department. In the alternative, The Department may recapture such funds from payments due under this contract. 65. REGISTRATION WITH DEPARTMENT OF REVENUE If required by law, the Contractor shall complete registration with the Washington State Department of Revenue. 66. 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 the Department, 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. 67. 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, The Department may 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. 68. SEVERABILITY If any provision of this Contract or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Contract that can be given effect without the invalid provision, if such remainder conforms to the requirements of law and the fundamental purpose of this Contract and to this end the provisions of this Contact are declared to be severable. 69. SUBCONTRACTING The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written approval of the Department. If the Department 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, the Department 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 the Department 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 the Department for any breach in the performance of the Contractor's duties. Every subcontract shall include a term that the Department and the State of Washington are not liable for claims or damages arising from a Subcontractor's performance of the subcontract. 70. 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. 71. 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. 72. TERMINATION FOR CAUSE/SUSPENSION If the Department concludes that the Contractor has failed to comply with the terms and conditions of this Contract, or has failed to use the loan proceeds only for those activities identified in the declared SCOPE OF WORK, or has City of Port Orchard DWSRF NT Preconstruction Loan Contract PCL26349 (Municipal) otherwise materially breached one or more of the covenants in this Contract, the Department may at any time, at its discretion, upon notice to the Contractor, terminate the Contract and/or its attached agreements in whole or in part and declare the entire remaining balance of the loan, together with any interest accrued, immediately due and payable in full. Such Notice of Termination for Cause shall be in writing, shall state the reason(s) for such termination, and shall specify the effective date of the termination. The effective date of the termination will be determined by the Department. Such notice shall inform the Contractor of the breach of the relevant covenant and shall allow the Contractor at least thirty (30) business days to cure such breach, if curable. The notice shall instruct the Contractor that, if the breach is not cured or cannot be cured within thirty (30) business days, the outstanding balance of the loan shall be due and payable. If this Contract is so terminated, the Department 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. Nothing in this section shall affect the Contractor's obligations to immediately repay the unpaid balance of the loan as prescribed in the Washington Administrative Code (WAC) 246-296-150. 73. TERMINATION FOR CONVENIENCE The Department may terminate this Contract in the event that federal or state funds are no longer available to the Department, or are not appropriated for the purpose of meeting the Department's obligations under this Contract. The Department shall notify the Contractor in writing of its determination to terminate and the reason for such termination. The effective date of the termination will be determined by the Department. If this Contract is so terminated, the Department 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. Nothing in this section shall affect Contractor's obligations to repay the unpaid balance of the loan. 74. CONFLICT OF INTEREST Notwithstanding any determination by the Executive Ethics Board or other tribunal, Department of Health may, in its sole discretion, by written notice to the Contractor terminate this contract if it is found after due notice and examination by Department of Health that there is a violation of the Ethics in Public Service Act, Chapter 42.52 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 and state of Washington employees for former state employees employed or on the firm's governing board during the past 24 months. 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 the Department of Health that a conflict of interest exists, the Contractor may be disqualified from further consideration for the award of a contract. In the event this contract is terminated as provided above, the Department 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 the department 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 the Department makes any determination under this clause shall be an issue and may be reviewed as provided in the "Disputes" clause of this contract. 75. TERMINATION PROCEDURES After receipt of a notice of termination, except as otherwise directed by the Department, the Contractor shall: • Stop work under the Contract on the date, and to the extent specified, in the notice; • Place no further orders or subcontracts for materials, services, or facilities related to the Contract; • Assign to the Department all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case the Department has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts. Any attempt by the Contractor to settle such claims must have the prior written approval of the Department; and • Preserve and transfer any materials, contract deliverables and/or the Department property in the Contractor's possession as directed by the Department. Upon termination of the Contract, the Department shall pay the Contractor for any service provided by the Contractor under the Contract prior to the date of termination. The Department may withhold any amount due as the Department reasonably determines is necessary to protect the Department against potential loss or liability resulting from the termination. The Department shall pay any withheld amount to the Contractor if the Department later determines that loss or liability will not occur. City of Port Orchard DWSRF NT Preconstruction Loan Contract PCL26349 (Municipal) The rights and remedies of the Department under this section are in addition to any other rights and remedies provided under this Contract or otherwise provided under law. 76. 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 the Department. 77. WORK HOURS AND SAFETY STANDARDS The Contract Work Hours and Safety Standards Act (40 USC 327-333)-Where applicable, all contracts awarded by recipients in excess of $100,000 for construction and other purposes that involve the employment of mechanics or laborers must include a provision for compliance with Section 102 and 107 of the Contract Work Hours Safety Standards Act (40 USC 327-333), as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 102 of the Act, each subcontractor is required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than 1 '/Z times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic is required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. City of Port Orchard DWSRF NT Preconstruction Loan Contract PCL26349 (Municipal) Charlotte A. Archer ATTACHMENT I: ATTORNEY'S CERTIFICATION DRINKING WATER STATE REVOLVING FUND (MUNICIPAL) City of Port Orchard PCL26349 hereby certify: I am an attorney at law admitted to practice in the State of Washington and the duly appointed attorney of the Contractor identified on the Declarations Page of the Contract identified above; and I have also examined any and all documents and records, which are pertinent to the Contract, including the application requesting this financial assistance. Based on the foregoing, it is my opinion that: a) The Contractor is a public body, properly constituted and operating under the laws of the State of Washington, empowered to receive and expend federal, state and local funds, to contract with the State of Washington, and to receive and expend the funds involved to accomplish the objectives set forth in their application. b) The Contractor is empowered to accept the Drinking Water State Revolving Fund financial assistance and to provide for repayment of the loan as set forth in the loan agreement. c) There is currently no litigation in existence seeking to enjoin the commencement or completion of the above -described public facilities project or to enjoin the Contractor from repaying the Drinking Water State Revolving Fund loan extended by the DOH with respect to such project. The Contractor is not a party to litigation, which will materially affect its ability to repay such loan on the terms contained in the loan agreement. d) Assumption of this obligation would not exceed statutory and administrative rule debt limitations applicable to the Contractor. Signature of Attorney Charlotte A. Archer Name 7/28/2021 Date 10900 NE 4th Street, Suite 1500, Bellevue, WA 98004 Address City of Port Orchard Attachment I: Attorney's Certification PCL26349 DWSRF NT Preconstruction Loan Contract (Municipal) ATTACHMENT II: FEDERAL AND STATE REQUIREMENTS 1. ENVIRONMENTAL AUTHORITIES • Archeological and Historic Preservation Act of 1974, Public Law 86-523 as amended • Clean Air Act, Public Law 84-159 as amended • Coastal Zone Management Act, Public Law 92-583 as amended • Endangered Species Act, Public Law 93-205 as amended • Environmental Justice, Executive Order 12898 • Floodplain Management, Executive Order 11988 as amended by Executive Order 12148 • Protection of Wetlands, Executive Order 11990 • Farmland Protection Policy Act, Public Law 97-98 • Fish and Wildlife Coordination Act, Public Law 85-624 as amended • National Historic Preservation Act of 1966, Public Law 89-665 as amended • Safe Drinking Water Act, Public Law 93-523 as amended • Wild and Scenic Rivers Act, Public Law 90-542 as amended 2. ECONOMIC AND MISCELLANEOUS AUTHORITIES • Demonstration Cities and Metropolitan Development Act of 1996, Public Law 89-754 as amended, Executive Order 12372 • Procurement Prohibitions under Section 306 of the Clean air Act and Section 508 of the Clean Water Act, including Executive Order 11738, Administration of the Clean Air Act and the Federal Water Pollution Control Ac with Respect to Federal Contracts, Grants, or Loans • Uniform Relocation and Real Property Policies Act, Public Law 91-646 as amended • Debarment and Suspension, Executive Order 12549 • H.R. 3547, Consolidated Appropriations Act, 2014. 3. SOCIAL POLICY AUTHORITIES • Age Discrimination Act of 1975, Public Law 94-135 • Title VI of the Civil Rights Act of 1964, Public Law 88-352 • Section 13 of the Federal Water Pollution Control Act Amendments of 1972, Public Law 92-500 (the Clean Water Act) • Section 504 of the Rehabilitation Act of 1973, Public Law 93-112 (including Executive Orders 11914 and 11250) • Equal Employment Opportunity, Executive Order 11246 • Disadvantaged Business Enterprise, Public Law 101-549 (the Clean Air Act), and Public Law 102-389 (the Clean Water Act) • Section 129 of the Small Business Administration Reauthorization and Amendment Act of 1988, Public Law 100- 590 4. STATE LAWS • Chapter 36.70A RCW, Growth Management Act • Chapter 39.80 RCW, Contracts for Architectural and Engineering Services • Chapter 39.12 RCW, Washington State Public Works Act • Chapter 43.20 RCW, State Department of Health • Chapter 43.70 RCW, Department of Health • Chapter 43.155 RCW, Public Works Project • Chapter 70.116 RCW, Public Water Systems Coordination Act of 1977 • Chapter 70.119 RCW, Public Water Supply Systems Certification and Regulation of Operations • Chapter 70.119A RCW, Public Water Systems, Penalties & Compliances • Chapter 246-290 WAC, Group A Public Water Systems • Chapter 246-291 WAC, Group B Public Water Systems • Chapter 246-292 WAC, Waterworks Operator Certification Regulations • Chapter 246-293 WAC, Water Systems Coordination Act • Chapter 246-294 WAC, Drinking Water Operating Permits ■ Chapter 246-295 WAC, Satellite System Management Agencies • Chapter 246-296 WAC Drinking Water State Revolving Fund Loan Program • Chapter 173-160 WAC, Minimum Standards for Construction & Maintenance of Wells City of Port Orchard PCL26349 Attachment III: DBE Requirements DWSRF NT Preconstruction Loan Contract (Municipal) • Title 173 WAC, Department of Ecology Rules • Title 40 Part 141 Code of Federal Regulations, Federal National Primary Drinking Water Regulations (Section Adopted by Reference) City of Port Orchard Attachment III: DBE Requirements PCL26349 DWSRF NT Preconstruction Loan Contract (Municipal) ATTACHMENT III: DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS 1. GENERAL COMPLIANCE, 40 CFR, PART 33 The Contractor agrees to comply with the requirements of Environmental Protection Agency's Program for Utilization of Small, Minority and Women's Business Enterprises (MBE/WBE) in procurement under this Contract, contained in 40 CFR, Part 33. 2. FAIR SHARE OBJECTIVES, 40 CFR, PART 33, SUBPART D The following are exemptions from the fair share objective Requirements: Grant and loan recipients receiving a total of $250K or less in EPA financial assistance in a given fiscal year. Tribal recipients of Performance Partnership Eligible grants under 40 CFR Part 35, Subpart B. o There is a 3-year phase in period for the requirement to negotiate fair share goals for Tribal and Insular Area recipients. Recipients of Technical Assistance Grants. The Fair Share Objectives or goals for the utilization of disadvantaged businesses negotiated with EPA by the WA Office of Minority Women Business are stated below. Construction 10% MBE 6% WBE Supplies 8% MBE 4% WBE j Equipment 8% MBE 4% WBE Purchased Services 10% MBE 4% WBE By signing this Contract, the Contractor is accepting the fair share objectives/goals stated above and attests to the fact that it is purchasing the same or similar construction, supplies, services and equipment, in the same or similar relevant geographic buying market as WA Office of Minority Women Business goal is being adopted. 3. SIX GOOD FAITH EFFORTS, 40 CFR, PART 33, SUBPART C Pursuant to 40 CFR, Section 33.301, the Contractor agrees to make the following good faith efforts whenever procuring construction, equipment, services and supplies under an EPA financial assistance agreement, and to ensure that sub -recipients, loan recipients, and prime contractors also comply. Records documenting compliance with the six good faith efforts shall be retained. The six good faith efforts shall include: • Ensure Disadvantaged Business Enterprises are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local Government recipients, this will include placing the Disadvantaged Business Enterprises on solicitation lists and soliciting them whenever they are potential sources. • Make information on forthcoming opportunities available to Disadvantaged Business Enterprises and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by Disadvantaged Business Enterprises in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of thirty (30) calendar days before the bid or proposal closing date. • Consider in the contracting process whether firms competing for large contracts could subcontract with Disadvantaged Business Enterprises. For Indian Tribal, State and Local Government recipients, this will include dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by Disadvantaged Business Enterprises in the competitive process. • Encourage contracting with a consortium of Disadvantaged Business Enterprises when a contract is too large for one of these firms to handle individually. • Use the services and assistance of the Small Business Administration and the Minority Business Development Agency of The Department of Health. City of Port Orchard PCL26349 Attachment III: DBE Requirements DWSRF NT Preconstruction Loan Contract (Municipal) • If the prime contractor awards subcontracts, also require the prime contractor to take the five good faith efforts in paragraphs A through E above. 4. MBE/WBE REPORTING, 40 CFR, PART 33, SECTIONS33.502 AND 33.503 Contractor is required to submit MBE/WBE participation reports to the Department and/or the Department of Health, on a quarterly basis, beginning with the Federal fiscal year reporting period the Contractor receives the award and continuing until the project is completed. 5. CONTRACT ADMINISTRATION PROVISIONS, 40 CFR, SECTION 33.302 The Contractor agrees to comply with the contract administration provisions of 40 CFR, Section 33.302. The Contractor agrees to require all general contractors to provide forms: EPA Form 6100-2 DBE Subcontractor Participation Form and EPA Form 6100-3 DBE Subcontractor Performance Form to all its Disadvantaged Business Enterprise subcontractors, engineers, vendors, and any other entity for work or services listed in the declared SCOPE OF WORK. These two (2) forms may be obtained from the EPA Office of Small Business Program's website on the internet at http://www.epa.gov/osbp/grants.htm. The Contractor agrees to require all general contractors to complete and submit to the Contractor and Environmental Protection Agency EPA Form 6100-4 DBE Subcontractor Utilization Form beginning with the Federal fiscal year reporting period the Contractor receives the award and continuing until the project is completed. Only procurements with certified MBE/WBEs are counted toward a Contractor's MBE/WBE accomplishments. 6. BIDDERS LIST, 40 CFR, SECTION 33.501(b) AND (c) The Contractor is also required to create and maintain a bidders list if the Contractor of the loan is subject to, or chooses to follow, competitive bidding requirements. Please see 40 CFR, Section 33.501 (b) and (c) for specific requirements and exemptions. Section 33.501(b) of the rule is as follows: A recipient of a Continuing Environmental Program Grant or other annual grant must create and maintain a bidders list. In addition, a recipient of an EPA financial assistance agreement to capitalize a revolving loan fund also must require entities receiving identified loans to create and maintain a bidders list if the recipient of the loan is subject to, or chooses to follow, competitive bidding requirements. The purpose of a bidders list is to provide the recipient and entities receiving identified loans who conduct competitive bidding with as accurate a database as possible about the universe of MBE/WBE and non-MBE/WBE prime and subcontractors. The list must include all firms that bid or quote on prime contracts or bid or quote on subcontracts under EPA assisted projects, including both MBEM/BEs. The bidders list must be kept until the grant project period has expired and the recipient is no longer receiving EPA funding under the grant. For entities receiving identified loans, the bidders list must be kept until the project period for the identified loan has ended. The following information must be obtained from all prime and subcontractors: • Entity's name with point of contact; • Entity's mailing address, telephone number, and e-mail address; • The procurement on which the entity bid or quoted, and when; and • Entity's status as a MBE/WBE1 or non-MBE/WBE The exemption found at § 33.501(c) is as follows: A recipient of an EPA financial assistance agreement in the amount of $250,000 or less for any single assistance agreement, or of more than one financial assistance agreement with a combined total of $250,000 or less in any one fiscal year, is exempt from the paragraph (b) of this section requirement to create and maintain a bidders list. Also, a recipient under the CWSRF, DWSRF, or BCRLF Program is not required to apply the paragraph (b) of this section bidders list requirement of this subpart to an entity receiving an identified loan in an amount of $250,000 or less, or to an entity receiving more than one identified loan with a combined total of $250,000 or less in any one fiscal year. This exemption is limited to the paragraph (b) of this section bidders list requirements of this subpart. Qualified Women and Minority business enterprises may be found on the Internet at www omwbe.wa.gov or by contacting the Washington State Office of Minority and Women's Enterprises at 360-704-1181. City of Port Orchard Attachment III: DBE Requirements PCL26349 DWSRF NT Preconstruction Loan Contract (Municipal) ATTACHMENT IV: CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS �� United States Environmental Protection Agency United States Environmental Protection Agency Washington, DC 20460 EPA Project Control Number The prospective participant certifies to the best of its knowledge and belief that it and the principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction: violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. I understand that a false statement on this certification may be ground for rejection of this proposal or termination of the award. In addition, under 18 USC Sec. 1001, a false statement may result in a fine of up to $10,000 or imprisonment for up to 5 years, or both. A. Typed Name & Title of Authorized Representative Signature of Authorized Representative Date 17 1 am unable to certify to the above statements. My explanation is attached. EPA Form 5700-49 (11-88) City of Port Orchard PCL26349 Attachment IV: Certification Regarding Debarment DWSRF NT Preconstruction Loan Contract (Municipal) ATTACHMENT V: DWSRF ELIGIBLE PROJECT COSTS Must be directly attributable to the project. 1. The costs for complying with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. 2. DWSRF loan fees. 3. The purchase of a portion of another system's capacity, if it is the most cost effective solution (limited to publicly owned (municipal) systems). 4. Construction of reservoirs (clear wells) that are part of the treatment process and are collocated with the treatment facility. 5. Construction of distribution reservoirs (finished water). 6. Cost associated with restructuring or consolidation of existing water systems by publicly owned water systems. 7. Main extensions to connect to safe and reliable sources of drinking water. 8. Cost associated with collecting and preparing environmental assessment documents to obtain local permits. 9. Direct labor including related employee benefits: 9.1. Salaries and wages (at actual or average rates) covering productive labor hours of employees of the borrower (excluding the administrative organization of the operating unit involved) for periods of time actively or incidentally engaged in pre -design engineering, design engineering, construction engineering, acquisition of rights of way, and the cleaning, sterilization or bacteriological testing of water system components prior to public use. The costs of services rendered by employees generally classified as administration/project management of the loan are considered a direct cost only when such employees are assigned the types of services described above and shall be limited to 3% or less of the project loan amount. 9.2. Employee benefits relating to labor are considered a direct cost of construction projects. The following items may be included as employee benefits: • F.I.C.A. (Social Security) —employer's share. • Retirement benefits. • Hospital, health, dental, and other welfare insurance. • Life insurance. • Industrial and medical insurance. • Vacation. • Holiday. • Sick leave. • Military leave and jury duty. City of Port Orchard PCL26349 Employee benefits must be calculated as a percentage of direct labor dollars. The computation of predetermined percentage rates to be applied to current labor costs must be based on the average of total employee benefits and total labor costs for the prior fiscal year and adjusted by known current year variations. • Other than work identified in Number 9.1, no costs associated with labor performed by the borrower's employees, including force account work, are eligible for financing assistance. 10. Contract engineering, planning, design, legal, and financial planning services. The Department reserves the right to declare ineligible legal costs that are unreasonable and disproportionate to the project. 11. Contract preconstruction work. 12. Direct vehicle and equipment charges at the actual rental cost paid for the equipment or, in the case of city or county -owned equipment, at the rental rates established by the local government's "equipment rental and revolving fund" following the methods prescribed by the division of municipal corporations. However, such costs must be charged on a uniform basis to equipment used for all projects regardless of the source of funding. Cities with a population of eight thousand or less not using this type of fund are allowed the same rates as used by the State Department of Transportation. 13. Direct materials and supplies. 14. Other direct costs incurred for materials or services acquired for a specific project are eligible costs and may include, but are not limited to such items as: 14.1.Telephone charges. 14.2.Reproduction and photogrammetry costs. 14.3.Video and photography for project documentation. 14.4.Computer usage. 14.5.Printing and advertising. 15. Other project related costs include: 15.1. Competitive Bidding. 15.2. Audit. 15.3. Insurance. 15.4. Prevailing wages. 15.5. Attorney fees. 15.6. Environmental Review. 15.7. Archaeological Survey. Water system plan and Small water system management program and plan amendments costs are eligible for reimbursement. Projects may be designed to accommodate reasonable growth. This is generally the 20-year projection included in the system's water system plan or small water system management program. Attachment V: DWSRF Eligible Project Costs DWSRF NT Preconstruction Loan Contract (Municipal) ATTACHMENT VI: LABOR STANDARD PROVISIONS FOR SUBRECIPIENTS THAT ARE GOVERNMENTAL ENTITIES Wage Rate Requirements Under The Consolidated and Further Continuing Appropriations Act, 2015 (P.L. 113- 235) For Subrecipients That Are Governmental Entities: The following terms and conditions specify how recipients will assist EPA in meeting its Davis -Bacon (DB) responsibilities when DB applies to EPA awards of financial assistance under the FY 2015 appropriations act with respect to State recipients and subrecipients that are governmental entities. If a subrecipient has questions regarding when DB applies, obtaining the correct DB wage determinations, DB provisions, or compliance monitoring, it may contact Department of Health. If a State recipient needs guidance, they may obtain additional guidance from DOL's web site at http: //www.dol.00v/whdl. 1. Applicability of the Davis- Bacon (DB) prevailing wage requirements. Under the FY 2015 Consolidated and Further Continuing Appropriations Act, DB prevailing wage requirements apply to the construction, alteration, and repair of treatment works carried out in whole or in part with assistance made available by a State water pollution control revolving fund and to any construction project carried out in whole or in part by assistance made available by a drinking water treatment revolving loan fund. If a subrecipient encounters a unique situation at a site that presents uncertainties regarding DB applicability, the subrecipient must discuss the situation with the recipient State before authorizing work on that site. 2. Obtaining Wage Determinations. (a) Subrecipients shall obtain the wage determination for the locality in which a covered activity subject to DB will take place prior to issuing requests for bids, proposals, quotes or other methods for soliciting contracts (solicitation) for activities subject to DB. These wage determinations shall be incorporated into solicitations and any subsequent contracts. Prime contracts must contain a provision requiring that subcontractors follow the wage determination incorporated into the prime contract. (i) While the solicitation remains open, the subrecipient shall monitor www.wdol,clov weekly to ensure that the wage determination contained in the solicitation remains current. The subrecipients shall amend the solicitation if DOL issues a modification more than 10 days prior to the closing date (i.e. bid opening) for the solicitation. If DOL modifies or supersedes the applicable wage determination less than 10 days prior to the closing date, the subrecipients may request a finding from the State recipient that there is not a reasonable time to notify interested contractors of the modification of the wage determination. The State recipient will provide a report of its findings to the subrecipient. (ii) If the subrecipient does not award the contract within 90 days of the closure of the solicitation, any modifications or supersedes DOL makes to the wage determination contained in the solicitation shall be effective unless the State recipient, at the request of the subrecipient, obtains an extension of the 90 day period from DOL pursuant to 29 CFR 1.6(c)(3)(iv). The subrecipient shall monitor www.wdol.gov on a weekly basis if it does not award the contract within 90 days of closure of the solicitation to ensure that wage determinations contained in the solicitation remain current. (b) If the subrecipient carries out activity subject to DB by issuing a task order, work assignment or similar instrument to an existing contractor (ordering instrument) rather than by publishing a solicitation, the subrecipient shall insert the appropriate DOL wage determination from www.wdol.gov into the ordering instrument. (c) Subrecipients shall review all subcontracts subject to DB entered into by prime contractors to verify that the prime contractor has required its subcontractors to include the applicable wage determinations. (d) As provided in 29 CFR 1.6(f), DOL may issue a revised wage determination applicable to a subrecipient's contract after the award of a contract or the issuance of an ordering instrument if DOL determines that the subrecipient has failed to incorporate a wage determination or has used a wage determination that clearly does not apply to the contract or ordering instrument. If this occurs, the subrecipient shall either terminate the contract or ordering instrument and issue a revised solicitation or ordering instrument or incorporate DOL's wage determination retroactive to the beginning of the contract or ordering instrument by change order. The subrecipient's contractor must be compensated for any increases in wages resulting from the use of DOL's revised wage determination. 3. Contract and Subcontract provisions. (a) The Recipient shall insure that the subrecipient(s) shall insert in full in any contract in excess of $2, 000 which is entered into for the actual construction, alteration and/or repair, including painting and decorating, of a treatment work under the CWSRF or a construction project under the DWSRF financed in whole or in part from Federal funds or in City of Port Orchard PCL26349 Attachment VI: Labor Standards Provisions DWSRF NT Preconstruction Loan Contract (Municipal) accordance with guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal agency to make a loan, grant or annual contribution (except where a different meaning is expressly indicated), and which is subject to the labor standards provisions of any of the acts listed in § 5.1 or the FY 2015 appropriations act, the following clauses: (1) Minimum wages. (i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under {Mans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. Subrecipients may obtain wage determinations from the U.S. Department of Labor's web site, www.dol.gov. (ii)(A) The sLibrecipient(s), on behalf of EPA, shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The State award official shall approve a request for an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the subrecipient(s) agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), documentation of the action taken and the request, including the local wage determination shall be sent by the subrecipient (s) to the State award official. The State award official will transmit the request, to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210 and to the EPA DB Regional Coordinator concurrently. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification request within 30 days of receipt and so advise the State award official or will notify the State award official within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the subrecipient(s) do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the award official shall refer the request and the local wage determination, including the views of all interested parties and the recommendation of the State award official, to the Administrator for determination. The request shall be sent to the EPA DB Regional Coordinator concurrently. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt of the request and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii)(B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. City of Port Orchard Attachment VI: Labor Standards Provisions PCL26349 DWSRF NT Preconstruction Loan Contract (Municipal) (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (2) Withholding. The subrecipient(s), shall upon written request of the EPA Award Official or an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the (Agency) may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to the subrecipient, that is, the entity that receives the sub -grant or loan from the State capitalization grant recipient. Such documentation shall be available on request of the State recipient or EPA. As to each payroll copy received, the subrecipient shall provide written confirmation in a form satisfactory to the State indicating whether or not the project is in compliance with the requirements of 29 CFR 5.5(a)(1) based on the most recent payroll copies for the specified week. The payrolls shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on the weekly payrolls. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http:llwww.dol.goviwhdfforms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the subrecipient(s) for transmission to the State or EPA if requested by EPA, the State, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the subrecipient(s). (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under § 5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under § 5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; City of Port Orchard PCL26349 Attachment VI: Labor Standards Provisions DWSRF NT Preconstruction Loan Contract (Municipal) (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (a)(3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the State, EPA or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency or State may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and trainees— (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be City of Port Orchard PCL26349 Attachment VI: Labor Standards Provisions DWSRF NT Preconstruction Loan Contract (Municipal) permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. (5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the EPA determines may by appropriate, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7) Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and Subrecipient(s), State, EPA, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility. (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 USC 1001. 4. Contract Provision for Contracts in Excess of $100,000. (a) Contract Work Hours and Safety Standards Act. The subrecipient shall insert the following clauses set forth in paragraphs (a)(1), (2), (3), and (4) of this section in full in any contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by Item 3, above or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (a)(1) of this section the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (a)(1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (a)(1) of this section. (3) Withholding for unpaid wages and liquidated damages. The subrecipient, upon written request of the EPA Award Official or an authorized representative of the Department of Labor, shall withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (a)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier City of Port Orchard PCL26349 Attachment VI: Labor Standards Provisions DWSRF NT Preconstruction Loan Contract (Municipal) subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (a)(1) through (4) of this section. (b) In addition to the clauses contained in Item 3, above, in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other statutes cited in 29 CFR 5.1, the Subrecipient shall insert a clause requiring that the contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Further, the Subrecipient shall insert in any such contract a clause providing hat the records to be maintained under this paragraph shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the (write the name of agency) and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. 5. Compliance Verification (a) The subrecipient shall periodically interview a sufficient number of employees entitled to DB prevailing wages (covered employees) to verify that contractors or subcontractors are paying the appropriate wage rates. As provided in 29 CFR 5.6(a)(6), all interviews must be conducted in confidence. The subrecipient must use Standard Form 1445 (SF 1445) or equivalent documentation to memorialize the interviews. Copies of the SF 1445 are available from EPA on request. (b) The subrecipient shall establish and follow an interview schedule based on its assessment of the risks of noncompliance with DB posed by contractors or subcontractors and the duration of the contract or subcontract. Subrecipients must conduct more frequent interviews if the initial interviews or other information indicated that there is a risk that the contractor or subcontractor is not complying with DB. Subrecipients shall immediately conduct interviews in response to an alleged violation of the prevailing wage requirements. All interviews shall be conducted in confidence." (c) The subrecipient shall periodically conduct spot checks of a representative sample of weekly payroll data to verify that contractors or subcontractors are paying the appropriate wage rates. The subrecipient shall establish and follow a spot check schedule based on its assessment of the risks of noncompliance with DB posed by contractors or subcontractors and the duration of the contract or subcontract. At a minimum, if practicable, the subrecipient should spot check payroll data within two weeks of each contractor or subcontractor's submission of its initial payroll data and two weeks prior to the completion date the contract or subcontract. Subrecipients must conduct more frequent spot checks if the initial spot check or other information indicates that there is a risk that the contractor or subcontractor is not complying with DB. In addition, during the examinations the subrecipient shall verify evidence of fringe benefit plans and payments thereunder by contractors and subcontractors who claim credit for fringe benefit contributions. (d) The subrecipient shall periodically review contractors and subcontractors use of apprentices and trainees to verify registration and certification with respect to apprenticeship and training programs approved by either the U.S Department of Labor or a state, as appropriate, and that contractors and subcontractors are not using disproportionate numbers of, laborers, trainees and apprentices. These reviews shall be conducted in accordance with the schedules for spot checks and interviews described in Item 5(b) and (c) above. (e) Subrecipients must immediately report potential violations of the DB prevailing wage requirements to the Department of Health and to the appropriate DOL Wage and Hour District Office listed at tittps-//www.dol.govlwhdllocal/. City of Port Orchard Attachment VI: Labor Standards Provisions PCL26349 DWSRF NT Preconstruction Loan Contract (Municipal) PCL26349 Kr signed Port Orchard Final Audit Report 2021-07-29 Created: 2021-07-29 By: Shannon May (shannon. may@doh.wa.gov) Status: Signed Transaction ID: CBJCHBCAABAAWic5EwgQ3kP2_-B_7WLwfWOLJbnceVR8 "PCL26349 Kr signed Port Orchard" History Document created by Shannon May (shannon.may@doh.wa.gov) 2021-07-29 - 3:53:12 PM GMT- IP address: 192.230.13.106 Document emailed to WA Department of Health Contracts Office (dohcon.mgmt@doh.wa.gov) for signature 2021-07-29 - 3:54:14 PM GMT Email viewed by WA Department of Health Contracts Office (dohcon.mgmt@doh.wa.gov) 2021-07-29 - 9:23:57 PM GMT- IP address: 192.230.13.106 dp Document e-signed by WA Department of Health Contracts Office (dohcon.mgmt@doh.wa.gov) Signature Date: 2021-07-29 - 9:26:42 PM GMT - Time Source: server- IP address: 192.230.13.106 Agreement completed. 2021-07-29 - 9:26:42 PM GMT �4PHealth Adobe Sip