HomeMy WebLinkAbout01-02-2024 N Baker Ave Emergency Stormwater RepairsCONTRACT FACE SHEET
Contract Number: PE24-96103-004
PUBLIC WORKS BOARD
EMERGENCY FUNDING CONTRACT
1. Contractor 2. Contractor Doing Business As (optional)
City of East Wenatchee
271 9th St NE
East Wenatchee, WA 98802-4438
N/A
3. Contractor Representative 4. Public Works Board Representative
N/A N/A
5. Contract Amount 6. Funding Source 7. Contract Start Date 8. Contract End Date
$175,000.00 Federal:State:
Other: N/A:
Contract Execution Date June 1, 2043
9. Federal Funds (as applicable)
N/A
Federal Agency
N/A
CFDA Number
N/A
10. Tax ID # 11. SWV # 12. UBI # 13. UEI #
N/A SWV0003756-00 601-140-637 N/A
14. Contract Purpose
Fund a project of a local government for the planning, acquisition, construction, repair, reconstruction,
replacement, rehabilitation, or improvement of streets, roads, bridges, drinking water systems, stormwater
systems, sanitary sewage systems, or solid waste facilities, including recycling facilities.
The Board, defined as the Washington State Public Works Board and Contractor acknowledge and accept the
terms of this Contract and attachments and have executed this Contract on the date below to start as of the
date and year last written below. The rights and obligations of both parties to this Contract are governed by
this Contract and the following other documents incorporated by reference: Contract Terms and Conditions
including Declarations Page, and Attachment I: Attorney’s Certification.
FOR THE CONTRACTOR FOR PUBLIC WORKS BOARD
Signature
Print Name
Title
Date
Kathryn A. Gardow, Public Works Board Chair
Date
APPROVED AS TO FORM ONLY
09-14-2023
Dawn Cortez
Assistant Attorney General
Signature on file
DocuSign Envelope ID: 06B547B3-AFDB-4359-9A9D-04FD7600E1D2
Mayor
1/16/2024 | 8:57 AM PST
Jerrilea Crawford 1/17/2024 | 8:56 AM PST
2
DECLARATIONS
CLIENT INFORMATION
Legal Name: City of East Wenatchee
Contract Number:PC24-96103-004
PROJECT INFORMATION
Project Title: N Baker Ave Emergency Stormwater Repairs
Project City: East Wenatchee
Project State: Washington
Project Zip Code: 98802
Project Area: 900-1500 Block of N Baker Ave
FUNDING INFORMATION
LOAN FUNDING
Loan Amount: $148,750.00
Loan Term, if applicable: 20 years
Interest Rate: 1.38%
Payment Month: June 1
GRANT FUNDING
Grant Amount: $26,250.00
PROJECT TOTALS
Total Estimated Funding:$175,000.00
Total Estimated Cost:$175,000.00
Contract Earliest Date for Construction
Reimbursement: October 2, 2023
Contract Time of Performance: 12 months from Execution Date of this Contract to Project
Completion.
ADDITIONAL SPECIAL TERMS AND CONDITIONS GOVERNING THIS CONTRACT
n/a
LOAN SECURITY CONDITION GOVERNING THIS CONTRACT
This loan is a general obligation of the CONTRACTOR.
SCOPE OF WORK
The project will remove 600 linear feet of failed stormwater pipe, replace an existing brick manhole, reroute the
water flow to another storm line that runs parallel to the failed pipe, backfill and compact the trench, and repave
the street.
The project costs may include but are not limited to: engineering, cultural and historical resources, environmental
documentation, review, permits, public involvement, bid documents and construction. The project needs to meet
all applicable Local, State, and/or Federal standards.
DocuSign Envelope ID: 06B547B3-AFDB-4359-9A9D-04FD7600E1D2
3
This page is intentionally blank
DocuSign Envelope ID: 06B547B3-AFDB-4359-9A9D-04FD7600E1D2
TABLE OF CONTENTS
CONTRACT TERMS AND CONDITIONS ................................................................................. 1
Part 1.SPECIAL TERMS AND CONDITIONS ........................................................................ 1
1.1 Definitions .............................................................................................................................1
1.2 Authority ................................................................................................................................1
1.3 Purpose .................................................................................................................................1
1.4 Order of Precedence ............................................................................................................1
1.5 Competitive Bidding Requirements ...................................................................................1
1.6 Default in Repayment ...........................................................................................................2
1.7 Sub-Contractor Data Collection ..........................................................................................2
1.8 Eligible Project Costs ...........................................................................................................2
1.9 Historical and Cultural Resources ......................................................................................2
1.10 Project Completion Amendment and Certified Project Completion Report ...................3
1.11 Rate and Term of Loan .........................................................................................................3
1.12 Recapture ..............................................................................................................................3
1.13 Reimbursement Procedures and Payment ........................................................................3
1.14 Repayment ............................................................................................................................5
1.15 Reports ..................................................................................................................................5
1.16 Termination for Cause .........................................................................................................5
1.17 Termination for Convenience ..............................................................................................5
1.18 Time of Performance ............................................................................................................5
1.19 Contract Suspension ...........................................................................................................6
1.20 Special Conditions ...............................................................................................................6
1.21 Loan Security ........................................................................................................................6
Part 2.GENERAL TERMS AND CONDITIONS ...................................................................... 7
2.1 DEFINITIONS ..........................................................................................................................7
2.2 ALLOWABLE COSTS ............................................................................................................7
2.3 ALL WRITINGS CONTAINED HEREIN .................................................................................7
2.4 AMENDMENTS .......................................................................................................................7
2.5 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also
referred to as the “ADA” 28 CFR Part 35 .....................................................................................7
2.6 APPROVAL .............................................................................................................................7
2.7 ASSIGNMENT .........................................................................................................................7
2.8 ATTORNEYS’ FEES ...............................................................................................................8
2.9 AUDIT ......................................................................................................................................8
2.10 CODE REQUIREMENTS .......................................................................................................8
2.11 CONFIDENTIALITY/SAFEGUARDING OF INFORMATION ................................................8
2.12 CONFORMANCE ...................................................................................................................9
2.13 COPYRIGHT PROVISIONS ...................................................................................................9
2.14 DISALLOWED COSTS ..........................................................................................................9
2.15 DISPUTES ..............................................................................................................................9
2.16 DUPLICATE PAYMENT ..................................................................................................... 10
2.17 ETHICS/CONFLICTS OF INTEREST ................................................................................. 10
2.18 GOVERNING LAW AND VENUE ....................................................................................... 10
2.19 INDEMNIFICATION ............................................................................................................ 10
2.20 INDEPENDENT CAPACITY OF THE CONTRACTOR ...................................................... 10
2.21 INDUSTRIAL INSURANCE COVERAGE ........................................................................... 11
2.22 LAWS .................................................................................................................................. 11
2.23 LICENSING, ACCREDITATION AND REGISTRATION .................................................... 11
2.24 LIMITATION OF AUTHORITY ............................................................................................ 12
2.25 LOCAL PUBLIC TRANSPORTATION COORDINATION .................................................. 12
2.26 NONCOMPLIANCE WITH NONDISCRIMINATION LAWS ............................................... 12
DocuSign Envelope ID: 06B547B3-AFDB-4359-9A9D-04FD7600E1D2
2.27 PAY EQUITY ....................................................................................................................... 12
2.28 POLITICAL ACTIVITIES ..................................................................................................... 12
2.29 PREVAILING WAGE LAW ................................................................................................. 12
2.30 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION .............................. 13
2.31 PUBLICITY .......................................................................................................................... 13
2.32 RECAPTURE ...................................................................................................................... 13
2.33 RECORDS MAINTENANCE ............................................................................................... 13
2.34 REGISTRATION WITH DEPARTMENT OF REVENUE .................................................... 13
2.35 RIGHT OF INSPECTION .................................................................................................... 13
2.36 SAVINGS ............................................................................................................................ 13
2.37 SEVERABILITY .................................................................................................................. 14
2.38 SUBCONTRACTING .......................................................................................................... 14
2.39 SURVIVAL .......................................................................................................................... 14
2.40 TAXES ................................................................................................................................. 14
2.41 TERMINATION FOR CAUSE / SUSPENSION................................................................... 14
2.42 TERMINATION FOR CONVENIENCE ............................................................................... 15
2.43 TERMINATION PROCEDURES ......................................................................................... 15
2.44 WAIVER .............................................................................................................................. 15
ATTACHMENT I: ATTORNEY’S CERTIFICATION ................................................................ 18
DocuSign Envelope ID: 06B547B3-AFDB-4359-9A9D-04FD7600E1D2
1
CONTRACT TERMS AND CONDITIONS
PUBLIC WORKS BOARD
EMERGENCY FUNDING PROGRAM
SPECIAL TERMS AND CONDITIONS
1.1 Definitions
As used throughout this Emergency Funding Contract the following terms shall have the meaning set forth
below:
A. “Contract” shall mean this Emergency Funding Contract.
B. “Contractor” shall mean the local government identified on the Contract Face Sheet receiving either a
loan or a grant of funds to complete the project described in the scope of work described in this Contract
and who is a Party to the Contract, and shall include all employees and agents of the Contractor.
C. “The Board” shall mean the Washington State Public Works Board created in Revised Code of
Washington (RCW) 43.155.030, and who is a Party to the Contract.
D. "Declarations " and "Declared" shall refer to the project information, loan terms and conditions as stated
on the Declarations Page of this Funding Contract, displayed within the Contract in THIS STYLE for easier
identification.
1.2 Authority
Acting under the authority of RCW 43.155, the Board has awarded the Contractor Public Works Board
emergency funding for an approved public works project.
1.3 Purpose
The Board and the Contractor have entered into this Contract to provide funds to enable the Contractor to
undertake a local public works project that furthers the goals and objectives of the Washington State Public
Works 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 Contract terms and conditions, and all applicable federal, state and local laws and ordinances,
which by this reference are incorporated into this Contract as though set forth fully herein.
1.4 Order of Precedence
In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence
in the following order:
A. Applicable federal and state of Washington statutes and regulations.
B. Special Terms and Conditions including attachments.
C. General Terms and Conditions.
1.5 Competitive Bidding Requirements
The Contractor shall comply with the provisions of RCW 43.155.060 regarding competitive bidding
requirements for projects assisted in whole or in part with money from the Public Works Program.
DocuSign Envelope ID: 06B547B3-AFDB-4359-9A9D-04FD7600E1D2
2
1.6 Default in Repayment
If the funding under this Contract constitutes a loan, loan repayments shall be made on the loan in accordance
with Section 1.18 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 (1st) day
past the due date. The penalty will be assessed on the entire payment amount. The penalty will be one percent
(1%) per month or twelve percent (12%) per annum. The same penalty terms shall apply at project completion
if the repayment of loan funds in excess of eligible costs are not repaid at the time the Project Completion
Amendment is submitted, as provided for in Section 1.13.
The Contractor acknowledges and agrees to the Board’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.
The Contractor shall be responsible for all legal fees incurred by the Board in any action undertaken to enforce
its rights under this section.
1.7 Sub-Contractor Data Collection
Contractor will submit reports, in a form and format to be provided by Commerce and at intervals as agreed
by the parties, regarding work under this Contract performed by sub-contractors and the portion of the
Contract funds expended for work performed by sub-contractors, including but not necessarily limited to
minority-owned, women-owned, and veteran-owned business sub-contractors. “Sub-Contractors” shall
mean sub-contractors of any tier.
1.8 Eligible Project Costs
The Eligible project costs must consist of expenditures eligible under Washington Administrative Code
(WAC) 399-30-030 and be related only to project activities described in declared SCOPE OF WORK.
Eligible costs for reimbursement shall be construed to mean expenditures incurred and paid, or incurred
and payable within thirty (30) days of the reimbursement request. Only costs that have been incurred on or
after the Start Date shown in the Declarations are eligible for reimbursement under this Contract.
The Contractor assures compliance with WAC 399-30-030, which identifies eligible costs for projects
assisted with Public Works Board loans.
These terms supersede the terms in Section 2.2. Allowable Costs.
1.9 Historical and Cultural Resources
Prior to approval and disbursement of any funds awarded under this Contract, Contractor shall cooperate
with COMMERCE to complete the requirements of Governor’s Executive Order 21-02 or Contractor shall
complete a review under Section 106 of the National Historic Preservation Act, if applicable. Contractor
agrees that the Contractor is legally and financially responsible for compliance with all laws, regulations,
and agreements related to the preservation of historical or cultural resources and agrees to hold harmless
COMMERCE and the state of Washington in relation to any claim related to such historical or cultural
resources discovered, disturbed, or damaged as a result of the project funded by this Contract.
In addition to the requirements set forth in this Contract, Contractor shall, in accordance with Governor’s
Executive Order 21-02 as applicable, coordinate with Commerce and the Washington State Department of
Archaeology and Historic Preservation (“DAHP”), including any recommended consultation with any
affected tribe(s), during Project design and prior to construction to determine the existence of any tribal
cultural resources affected by Project. Contractor agrees to avoid, minimize, or mitigate impacts to the
cultural resource as a continuing prerequisite to receipt of funds under this Contract.
The Contractor agrees that, unless the Contractor is proceeding under an approved historical and cultural
monitoring plan or other memorandum of agreement, if historical or cultural artifacts are discovered during
construction, the Contractor shall immediately stop construction and notify the local historical preservation
officer and the state's historical preservation officer at DAHP, and the Commerce Representative identified
on the Face Sheet. If human remains are uncovered, the Contractor shall report the presence and location
DocuSign Envelope ID: 06B547B3-AFDB-4359-9A9D-04FD7600E1D2
3
of the remains to the coroner and local enforcement immediately, then contact DAHP and the concerned
tribe's cultural staff or committee.
The Contractor shall require this provision to be contained in all subcontracts for work or services related to
the Scope of Work attached hereto.
In addition to the requirements set forth in this Contract, Contractor agrees to comply with RCW 27.44
regarding Indian Graves and Records; RCW 27.53 regarding Archaeological Sites and Resources; RCW
68.60 regarding Abandoned and Historic Cemeteries and Historic Graves; and WAC 25-48 regarding
Archaeological Excavation and Removal Permits.
Completion of the requirements of Section 106 of the National Historic Preservation Act shall substitute for
completion of Governor’s Executive Order 21-02.
In the event that the Contractor finds it necessary to amend the Scope of Work the Contractor may be
required to re-comply with Governor's Executive Order 21-02 or Section 106 of the National Historic
Preservation Act.
1.10 Project Completion Amendment and Certified Project Completion Report
The Contractor shall complete a Certified Project Completion Report when all activities identified in the
SCOPE OF WORK are complete. The Board will supply the Contractor with the Certified Project Completion
Report form, which shall include:
A. A certified statement that the project, as described in the declared SCOPE OF WORK, is complete and,
if applicable, meets required standards.
B. A certified statement of the actual dollar amounts spent, from all funding sources, in completing the
project as described in the SCOPE OF WORK.
C. Certification that all costs associated with the project have been incurred and have been accounted for.
Costs are incurred when goods and services are received and/or contract work is performed.
D. A final voucher for the remaining eligible funds.
E. Pictures of Completed Project, as appropriate.
The Contractor will submit the Certified Project Completion Report together with the last Invoice Voucher for
a sum not to exceed the balance of the loan amount. The final Invoice Voucher payment shall not occur
prior to the completion of all project activities identified in the SCOPE OF WORK and the Board's receipt
and acceptance of the Certified Project Completion Report.
The Project Completion Amendment shall serve as an amendment to this Contract determining the final
loan amount, local share, term, and interest rate.
1.11 Rate and Term of Loan
If the Contractor is awarded a loan, the BOARD shall fund Contractor sum not to exceed the LOAN
AMOUNT shown on the Contract Face Sheet and declared on the Contract Declarations Page. The
interest rate shall be the declared INTEREST RATE per annum on the outstanding principal balance. The
length of the loan shall not exceed the declared LOAN TERM in years, with the final payment due by the
CONTRACT END DATE as shown on the Contract Face Sheet.
1.12 Recapture
The right of recapture Section 2.32. Recapture, shall exist for a period not to exceed six (6) years following
Contract termination. In the event that the Board is required to institute legal proceedings to enforce the
recapture provision, the Board shall be entitled to its costs thereof, including attorney’s fees.
1.13 Reimbursement Procedures and Payment
If funding or appropriation is not available at the time, the invoice is submitted, or when this Contract is
executed, the issuance of warrants will be delayed or suspended until such time as funds or appropriations
DocuSign Envelope ID: 06B547B3-AFDB-4359-9A9D-04FD7600E1D2
4
become available. Therefore, subject to the availability of funds, warrants shall be issued to the Contractor
for reimbursement of allowable expenses incurred by the Contractor while undertaking and administering
approved project activities in accordance with the declared SCOPE OF WORK.
The Board shall reimburse the Contractor for eligible project expenditures up to the maximum loan amount
under this Contract, as identified in Section 1.10.
The CONTRACTOR shall submit all Invoice Vouchers and all required documentation per guidance in the
BOARD Traditional Program Policy Handbook.
When requesting reimbursement for expenditures made, CONTRACTOR shall submit all Invoice Vouchers
and any required documentation electronically through COMMERCE’s Contracts Management System
(CMS), which is available through the Secure Access Washington (SAW) portal. If the CONTRACTOR has
constraints preventing access to COMMERCE’s online A-19 portal, a hard copy A-19 form may be provided
by the BOARD Project Manager upon request.
The BOARD will pay the CONTRACTOR upon acceptance of the work performed and receipt of properly
completed invoices. Invoices shall be submitted to the BOARD.
Requests for reimbursements for costs related to construction activities will not be accepted until the
Contractor provides:
Proof of compliance with Governor’s Executive Order 21-02 or Section 106 of the National Historic
Preservation Act, as described in Section 1.9, and
Signed Public Works Board Notice of Contract Award and Notice to Proceed, which follows the
formal award of a construction contract.
If the CONTRACTOR receives funding in the form of both a grant and a loan, the CONTRACTOR shall bill
to the loan and grant proportionally until and if funds are exhausted.
The Board will pay the Contractor upon acceptance of the work performed and receipt of properly
completed invoices. Invoices shall be submitted to the Board not more often than monthly nor less than
quarterly.
Payment shall be considered timely if made by the Board within thirty (30) calendar days after receipt of
properly completed invoices. Payment shall be sent to the address designated by the Contractor.
The Board may, at its sole discretion, terminate the Contract or withhold payments claimed by the
Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of
this Contract.
No payments in advance or in anticipation of services or supplies to be provided under this Contract shall
be made by the Board.
Duplication of Billed Costs. If the Contractor is entitled to payment or has been or will be paid by another
source for an eligible project cost, then the Contractor shall not be reimbursed by the Board for that cost.
Disallowed Costs. The Contractor is responsible for any audit exceptions or disallowed costs incurred by its
own organization or that of its subcontractors.
In no event shall the total Public Works funding exceed 100% of the eligible actual project costs. At the
time of project completion, the Contractor shall submit to the Board a Project Completion Amendment
certifying the total actual project costs and local share. The final Public Works funding disbursement shall
bring the total funding to the lesser of 100% of the eligible project costs or the total declared funding under
this CONTRACT. The Project Completion Amendment shall serve as an amendment to this Contract
determining the final funding amount, local share, and interest rate.
In the event that the final costs identified in the Project Completion Amendment indicate that the Contractor
has received Public Works Board monies in excess of 100.00%of eligible costs, all funds in excess of
100.00% shall be repaid to the Public Works Board by payment to the Department of Commerce, or its
successor, together with the submission of the Project Completion Amendment.
DocuSign Envelope ID: 06B547B3-AFDB-4359-9A9D-04FD7600E1D2
5
1.14 Repayment
If the Contract is for a loan, loan repayment installments are due on the day and month identified under the
term: PAYMENT MONTH on the Declarations Page. Payments are due each year during the term of the
loan beginning one year from the date of Contract execution. Interest only will be charged for this payment
if a warrant is issued prior to this date. All subsequent payments shall consist of principal and accrued
interest due on the specified PAYMENT MONTH date of each year during the remaining term of the loan.
Repayment of a loan under this Contract shall include the declared INTEREST RATE per annum based on a
three hundred and sixty (360) day year of twelve (12) thirty (30) day months. Interest will begin to accrue
from the date each warrant is issued to the Contractor. The final payment shall be on or before the
CONTRACT END DATE shown on the Declarations page, of an amount sufficient to bring the loan balance
to zero.
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 Commerce, or its
successor.
1.15 Reports
The Contractor shall furnish the Board with:
A. Project progress reports per guidance in the BOARD Traditional Program Policy Handbook;
B. Estimated Quarterly Expenditures Report;
C. Certified Project Completion Report at project completion (as described in Section 1.13);
D. Pictures and short videos of various stages of the project; and
E. Other reports as the Board may require.
1.16 Termination for Cause
If the Contractor fails to comply with the terms of this Contract, or fails to use the funds only for those
activities identified in the SCOPE OF WORK, the Board may terminate the Contract in whole or in part at
any time. The Board shall notify the Contractor in writing of its determination to terminate, the reason for
such termination, and the effective date of the termination. Nothing in this section shall affect the
Contractor's obligation to repay the unpaid balance of a loan.
These terms supersede the terms in Section 2.41 Termination for Cause/Suspension.
1.17 Termination for Convenience
Notwithstanding anything in, Section 2.42 Termination for Convenience the Board may suspend or
terminate this Contract in the event that federal or state funds are no longer available to the Board, or are
not appropriated for the purpose of meeting the Board’s obligations under this Contract. Termination will be
effective when the Board sends written notice of termination to the Contractor. Nothing in this section shall
affect the Contractor’s obligation to repay the unpaid balance of the loan.
1.18 Time of Performance
No later than twelve (12) months after the date of Contract execution, the Contractor must reach project
completion.
Failure to meet Time of Performance shall constitute default of this Contract. In the event of extenuating
circumstances, the Contractor may request, in writing, that the Board extend the deadline for project
completion. The Board may extend the deadline.
The term of this Contract shall be for the entire term stated in Section 8 of the Contract Face Sheet,
regardless of actual project completion, unless terminated in writing sooner.
DocuSign Envelope ID: 06B547B3-AFDB-4359-9A9D-04FD7600E1D2
6
1.19 Contract Suspension
In the event that the Washington State Legislature fails to pass and the Governor does not authorize a
Capital Budget by June 30 of each biennium, the Washington State Constitution Article 8 and RCW
43.88.130 and RCW 43.88.290 prohibit expenditures or commitments of state funds in the absence of
appropriation.
In such event, all work will be suspended effective July 1. The Contractor shall immediately suspend work
and take all reasonable steps necessary to minimize the cost of performance directly attributable to such
suspension until the suspension is cancelled.
THE BOARD shall notify the Contractor immediately upon lifting of the Contract suspension.
1.20 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.
1.21 Loan Security
Loan Security payments shall be made as stated on the attached Declarations Page, and identified as
LOAN SECURITY.
DocuSign Envelope ID: 06B547B3-AFDB-4359-9A9D-04FD7600E1D2
7
GENERAL TERMS AND CONDITIONS
2.1 DEFINITIONS
As used throughout this Contract, the following terms shall have the meaning set forth below:
A. “Authorized Representative” shall mean the Public Works Board Chair and/or the designee
authorized in writing to act on the Chair’s behalf.
B. "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.
C. “BOARD” shall mean the Washington State Public Works Board created in Revised Code of
Washington (RCW) 43.155.030, and which is a Party to the Contract
D. “Personal Information” shall mean information identifiable to any person, including, but not limited
to, information that relates to a person’s name, health, finances, education, business, use or receipt
of governmental services or other activities, addresses, telephone numbers, social security
numbers, driver license numbers, other identifying numbers, and any financial identifiers.
E. ”State” shall mean the state of Washington.
F. "Subcontractor" shall mean one not 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.
2.2 ALLOWABLE COSTS
Costs allowable under this Contract are actual expenditures according to an approved budget up to the
maximum amount stated on the Contract Award or Amendment Face Sheet.
2.3 ALL WRITINGS CONTAINED HEREIN
This Contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral
or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the
parties hereto.
2.4 AMENDMENTS
This Contract may be amended by mutual agreement of the parties. Such amendments shall not be binding
unless they are in writing and signed by personnel authorized to bind each of the parties.
2.5 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also referred to as
the “ADA” 28 CFR Part 35
The Contractor must comply with the ADA, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations, state and local government
services, and telecommunications.
2.6 APPROVAL
This Contract shall be subject to the written approval of the Board’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.
2.7 ASSIGNMENT
Neither this Contract, nor any claim arising under this Contract, shall be transferred or assigned by the
Contractor without prior written consent of the Board.
DocuSign Envelope ID: 06B547B3-AFDB-4359-9A9D-04FD7600E1D2
8
2.8 ATTORNEYS’ FEES
Unless expressly permitted under another provision of the Contract, in the event of litigation or other action
brought to enforce Contract terms, each party agrees to bear its own attorney’s fees and costs.
2.9 AUDIT
A. General Requirements
Contractors are to procure audit services based on the following guidelines.
The Contractor shall maintain its records and accounts so as to facilitate 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 Board reserves the right to recover from the Contractor all disallowed costs resulting from the audit.
Responses to any unresolved management findings and disallowed or questioned costs shall be
included with the audit report. The Contractor must respond to the Board’s requests for information or
corrective action concerning audit issues within thirty (30) days of the date of request.
B. State Funds Requirements
In the event an audit is required, if the Contractor is a local government entity, the Office of the State
Auditor shall conduct the audit. Audits of non-profit organizations are to be conducted by a certified
public accountant selected by the Contractor.
The Contractor shall include the above audit requirements in any subcontracts.
In any case, the Contractor’s financial records must be available for review by the Board.
2.10 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.
2.11 CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
A. “Confidential Information” as used in this section includes:
1. All material provided to the Contractor by the Board that is designated as “confidential” by the Board;
2. All material produced by the Contractor that is designated as “confidential” by the Board; and
3. All personal information in the possession of the Contractor that may not be disclosed under state or
federal law. “Personal information” includes but is not limited to information related to a person’s
name, health, finances, education, business, use of government services, addresses, telephone
numbers, social security number, driver’s license number and other identifying numbers, and
“Protected Health Information” under the federal Health Insurance Portability and Accountability Act of
1996 (HIPAA).
B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer, sale, or
disclosure of Confidential Information. The Contractor shall use Confidential Information solely for the
purposes of this Contract and shall not use, share, transfer, sell or disclose any Confidential Information
to any third party except with the prior written consent of the Board or as may be required by law. The
Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to
prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of
DocuSign Envelope ID: 06B547B3-AFDB-4359-9A9D-04FD7600E1D2
9
any state or federal laws related thereto. Upon request, the Contractor shall provide the Board with its
policies and procedures on confidentiality. The Board may require changes to such policies and
procedures as they apply to this Contract whenever the Board reasonably determines that changes are
necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time
period specified by the Board. Upon request, the Contractor shall immediately return to the Board any
Confidential Information that the Board reasonably determines has not been adequately protected by
the Contractor against unauthorized disclosure.
C. Unauthorized Use or Disclosure. The Contractor shall notify the Board 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.
2.12 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.
2.13 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 Board. The Board 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 Board 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 Board 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 Board.
The Contractor shall exert all reasonable effort to advise the Board, 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 Board 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 Board shall have the right to
modify or remove any restrictive markings placed upon the Materials by the Contractor.
2.14 DISALLOWED COSTS
The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization
or that of its Subcontractors.
2.15 DISPUTES
Except as otherwise provided in this Contract, when a dispute arises between the parties and it cannot be
resolved by direct negotiation, either party may request a dispute hearing with the Chair of the Board, who
may designate a neutral person to decide the dispute.
The request for a dispute hearing must:
be in writing;
DocuSign Envelope ID: 06B547B3-AFDB-4359-9A9D-04FD7600E1D2
10
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 Chair and the other party’s (respondent’s) Representative within three (3)
working days after the parties agree that they cannot resolve the dispute.
The respondent shall send a written answer to the requestor’s statement to both the Chair or the Chair’s
designee and the requestor within five (5) working days.
The Chair or designee shall review the written statements and reply in writing to both parties within ten (10)
working days. The Chair 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.
2.16 DUPLICATE PAYMENT
The Contractor certifies that work to be performed under this Contract does not duplicate any work to be
charged against any other contract, subcontract, or other source.
2.17 ETHICS/CONFLICTS OF INTEREST
In performing under this Contract, the Contractor shall assure compliance with the Ethics in Public Service
Act, RCW 42.52 and any other applicable state or federal law related to ethics or conflicts of interest.
2.18 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.
2.19 INDEMNIFICATION
To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the state of
Washington, the Board, 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
Board, 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.
2.20 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 Board. The Contractor will not hold itself out as or claim to be an officer or
employee of the Board 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.
DocuSign Envelope ID: 06B547B3-AFDB-4359-9A9D-04FD7600E1D2
11
2.21 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 Board may collect from the Contractor the full amount
payable to the Industrial Insurance Accident Fund. The Board may deduct the amount owed by the
Contractor to the accident fund from the amount payable to the Contractor by the Board 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.
2.22 LAWS
The Contractor shall comply with all applicable laws, ordinances, codes, regulations and policies of local
and state and federal governments, as now or hereafter amended including, but not limited to:
Washington State Laws and Regulations
A. Affirmative Action, RCW 41.06.020 (11).
B. Boards of Directors or Officers of Non-profit Corporations – Liability - Limitations, RCW 4.24.264.
C. Disclosure-Campaign Finances-Lobbying, RCW 42.17.
D. Discrimination-Human Rights Commission, RCW 49.60.
E. Ethics in Public Service, RCW 42.52.
F. Housing Assistance Program, RCW 43.185.
G. Interlocal Cooperation Act, RCW 39.34.
H. Noise Control, RCW 70.107.
I. Office of Minority and Women’s Business Enterprises, RCW 39.19 and WAC 326-02.
J. Open Public Meetings Act, RCW 42.30.
K. Prevailing Wages on Public Works, RCW 39.12.
L. Public Records Act, RCW 42.56.
M. Relocation Assistance - Real Property Acquisition Policy, RCW 8.26.
N. Shoreline Management Act of 1971, RCW 90.58.
O. State Budgeting, Accounting, and Reporting System, Chapter 43.88 RCW.
P. State Building Code, Chapter 19.27 RCW and Energy-related building standards, RCW 19.27A,
and Provisions in buildings for aged and handicapped persons, RCW 70.92.
Q. State Coastal Zone Management Program, Publication 01-06-003, Shorelands and
Environmental Assistance Program, Washington State Department of Ecology.
R. State Environmental Policy, RCW 43.21C.
S. State Executive Order 21-02 Archeological and Cultural Resources.
2.23 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.
DocuSign Envelope ID: 06B547B3-AFDB-4359-9A9D-04FD7600E1D2
12
2.24 LIMITATION OF AUTHORITY
Only the Authorized Representative or Authorized Representative’s designee by writing (designation to be
made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive
any clause or condition of this Contract.
2.25 LOCAL PUBLIC TRANSPORTATION COORDINATION
Where applicable, the Contractor shall participate in local public transportation forums and implement
strategies designed to ensure access to services.
2.26 NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
During the performance of this Contract, the Contractor shall comply with all federal, state, and local
nondiscrimination laws, regulations and policies. In the event of the Contractor’s, non-compliance or refusal
to comply with any nondiscrimination law, regulation or policy, this Contract may be rescinded, canceled or
terminated in whole or in part, and the Contractor may be declared ineligible for further contracts with the
Board. The Contractor shall, however, be given a reasonable time in which to cure this noncompliance.
Any dispute may be resolved in accordance with the “Disputes” procedure set forth herein.
2.27 PAY EQUITY
The Contractor agrees to ensure that “similarly employed” individuals in its workforce are compensated as
equals, consistent with the following:
A. Employees are “similarly employed” if the individuals work for the same employer, the performance of
the job requires comparable skill, effort, and responsibility, and the jobs are performed under similar
working conditions. Job titles alone are not determinative of whether employees are similarly
employed;
B. Contractor may allow differentials in compensation for its workers if the differentials are based in good
faith and on any of the following:
1. A seniority system; a merit system; a system that measures earnings by quantity or quality of
production; a bona fide job-related factor or factors; or a bona fide regional difference in
compensation levels.
2. A bona fide job-related factor or factors may include, but not be limited to, education, training, or
experience that is: Consistent with business necessity; not based on or derived from a gender-based
differential; and accounts for the entire differential.
3. A bona fide regional difference in compensation level must be: Consistent with business necessity;
not based on or derived from a gender-based differential, and account for the entire differential.
This Contract may be terminated by the BOARD, if the Department of Commerce or the Department of
Enterprise Services determines that the Contractor is not in compliance with this provision.
2.28 POLITICAL ACTIVITIES
Political activity of Contractor employees and officers are limited by the State Campaign Finances and
Lobbying provisions of RCW 42.17 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.
2.29 PREVAILING WAGE LAW
The Contractor certifies that all contractors and subcontractors performing work on the Project shall comply
with state Prevailing Wages on Public Works, RCW 39.12, 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
DocuSign Envelope ID: 06B547B3-AFDB-4359-9A9D-04FD7600E1D2
13
to evidence compliance with RCW 39.12, and shall make such records available for the Board’s review
upon request.
2.30 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The funds provided under this Contract shall not be used in payment of any bonus or commission for the
purpose of obtaining approval of the application for such funds or any other approval or concurrence under
this Contract provided, however, that reasonable fees or bona fide technical consultant, managerial, or
other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project
costs.
2.31 PUBLICITY
The Contractor agrees not to publish or use any advertising or publicity materials in which the state of
Washington or the Board’s name is mentioned, or language used from which the connection with the state
of Washington’s or the Board’s name may reasonably be inferred or implied, without the prior written
consent of the Board.
2.32 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 Board reserves the right to recapture funds in an amount to
compensate the Board 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 Board. In the alternative, the Board may recapture such funds from payments due under
this Contract.
2.33 RECORDS MAINTENANCE
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.
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.
2.34 REGISTRATION WITH DEPARTMENT OF REVENUE
If required by law, the Contractor shall complete registration with the Washington State Department of
Revenue.
2.35 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 Board, 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.
2.36 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 Board may terminate the Contract
DocuSign Envelope ID: 06B547B3-AFDB-4359-9A9D-04FD7600E1D2
14
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.
2.37 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 Contract are declared to be severable.
2.38 SUBCONTRACTING
The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written
approval of the Board.
If the Board 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
Board 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 Board 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 Board for any breach in the performance of the Contractor’s duties.
Every subcontract shall include a term that the Board and the State of Washington are not liable for claims
or damages arising from a Subcontractor’s performance of the subcontract.
2.39 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.
2.40 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.
2.41 TERMINATION FOR CAUSE / SUSPENSION
In event the Board determines that the Contractor failed to comply with any term or condition of this
Contract, the Board may terminate the Contract in whole or in part upon written notice to the Contractor.
Such termination shall be deemed “for cause.” Termination shall take effect on the date specified in the
notice.
In the alternative, the Board upon written notice may allow the Contractor a specific period of time in which
to correct the non-compliance. During the corrective-action time period, the Board may suspend further
payment to the Contractor in whole or in part, or may restrict the Contractor’s right to perform duties under
this Contract. Failure by the Contractor to take timely corrective action shall allow the Board to terminate
the Contract upon written notice to the Contractor.
“Termination for Cause” shall be deemed a “Termination for Convenience” when the Board determines that
the Contractor did not fail to comply with the terms of the Contract or when the Board determines the failure
was not caused by the Contractor’s actions or negligence.
DocuSign Envelope ID: 06B547B3-AFDB-4359-9A9D-04FD7600E1D2
15
If the Contract is terminated for cause, the Contractor shall be liable for damages as authorized by law,
including, but not limited to, any cost difference between the original contract and the replacement contract,
as well as all costs associated with entering into the replacement contract (i.e., competitive bidding, mailing,
advertising, and staff time).
2.42 TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Contract the Board may, by ten (10) business days written notice,
beginning on the second day after the mailing, terminate this Contract, in whole or in part. If this Contract is
so terminated, the Board 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.
2.43 TERMINATION PROCEDURES
After receipt of a notice of termination, except as otherwise directed by the Board, the Contractor shall:
A. Stop work under the Contract on the date, and to the extent specified, in the notice;
B. Place no further orders or subcontracts for materials, services, or facilities related to the Contract;
C. Assign to the State all of the rights, title, and interest of the Contractor under the orders and
subcontracts so terminated, in which case the Board 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 Board; and
D. Preserve and transfer any materials, Contract deliverables and/or the Board property in the Contractor’s
possession as directed by the Board.
Upon termination of the Contract, the Board shall pay the Contractor for any service provided by the
Contractor under the Contract prior to the date of termination. The Board may withhold any amount due as
the Board reasonably determines is necessary to protect the Board against potential loss or liability
resulting from the termination. The Board shall pay any withheld amount to the Contractor if the Board later
determines that loss or liability will not occur.
The rights and remedies of the Board under this section are in addition to any other rights and remedies
provided under this Contract or otherwise provided under law.
2.44 WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach.
Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such
in writing and signed by Authorized Representative of the Board.
DocuSign Envelope ID: 06B547B3-AFDB-4359-9A9D-04FD7600E1D2
16
ATTACHMENT I: ATTORNEY’S CERTIFICATION
PUBLIC WORKS BOARD
EMERGENCY PROGRAM
City of East Wenatchee
PE24-96103-004
I, ________________________________________________, hereby certify:
I am an attorney at law admitted to practice in the State of Washington and the duly appointed attorney of the
City of East Wenatchee (the Contractor); 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:
1. 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.
2. The Contractor is empowered to accept the Public Works Board funding and to provide for any required
repayment of the loan as set forth in the Contract.
3. 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 and requirement to repay the loan
extended by the Public Works Board with respect to such project. The Contractor is not a party to litigation,
which will materially affect any requirement to repay such loan on the terms contained in the Contract.
4. Assumption of any obligation to repay would not exceed statutory and administrative rule debt limitations
applicable to the Contractor.
__________________________________ _____________________________
Signature of Attorney Date
__________________________________
Name
_______________________________________________________________________
Address
DocuSign Envelope ID: 06B547B3-AFDB-4359-9A9D-04FD7600E1D2
271 Pth St. NE, East Wenatchee, WA 98802
Sean Lewis
1/10/2024 | 7:40 AM PST
Certificate Of Completion
Envelope Id: 06B547B3AFDB43599A9D04FD7600E1D2 Status: Completed
Subject: Complete with DocuSign: FY24_EastWenatchee_PWB_Emergency_Contract.pdf
Division:
Local Government
Program: Public Works Board
ContractNumber: PE24-96103-004
DocumentType: Contract
Source Envelope:
Document Pages: 21 Signatures: 3 Envelope Originator:
Certificate Pages: 5 Initials: 0 Ava Gombosky
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
1011 Plum Street SE
MS 42525
Olympia, WA 98504-2525
ava.gombosky@commerce.wa.gov
IP Address: 198.239.106.180
Record Tracking
Status: Original
12/13/2023 5:36:30 PM
Holder: Ava Gombosky
ava.gombosky@commerce.wa.gov
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: Washington State Department of Commerce Location: DocuSign
Signer Events Signature Timestamp
Sean Lewis
slewis@eastwenatcheewa.gov
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 66.172.102.228
Sent: 1/9/2024 5:57:27 PM
Viewed: 1/10/2024 7:39:36 AM
Signed: 1/10/2024 7:40:54 AM
Electronic Record and Signature Disclosure:
Accepted: 1/10/2024 7:39:35 AM
ID: 1a66108d-18b0-41b0-86c0-0b3bf4b32383
Jerrilea Crawford
jcrawford@eastwenatcheewa.gov
Mayor
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 66.172.102.228
Sent: 1/10/2024 7:40:55 AM
Viewed: 1/16/2024 8:57:12 AM
Signed: 1/16/2024 8:57:21 AM
Electronic Record and Signature Disclosure:
Accepted: 10/14/2021 12:52:15 PM
ID: 9ed53d26-d384-4c45-95d7-66fbdecefc84
Kathryn Gardow
pwbgardowk@gmail.com
Security Level: Email, Account Authentication
(None)
Signature Adoption: Uploaded Signature Image
Using IP Address: 75.172.123.240
Sent: 1/16/2024 8:57:23 AM
Viewed: 1/17/2024 8:56:17 AM
Signed: 1/17/2024 8:56:30 AM
Electronic Record and Signature Disclosure:
Accepted: 1/17/2024 8:56:17 AM
ID: cb580264-e6b2-418c-b627-feaf78fb4efe
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Garren Melton
GMelton@eastwenatcheewa.gov
Security Level: Email, Account Authentication
(None)
Sent: 1/17/2024 8:56:31 AM
Viewed: 1/17/2024 9:18:12 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 1/9/2024 5:57:27 PM
Certified Delivered Security Checked 1/17/2024 8:56:17 AM
Signing Complete Security Checked 1/17/2024 8:56:30 AM
Completed Security Checked 1/17/2024 8:56:31 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, Washington State Department of Commerce (we, us or Company) may be
required by law to provide to you certain written notices or disclosures. Described below are the
terms and conditions for providing to you such notices and disclosures electronically through the
DocuSign system. Please read the information below carefully and thoroughly, and if you can
access this information electronically to your satisfaction and agree to this Electronic Record and
Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to
‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the
DocuSign system.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. You will have the ability to download and print documents we send
to you through the DocuSign system during and immediately after the signing session and, if you
elect to create a DocuSign account, you may access the documents for a limited period of time
(usually 30 days) after such documents are first sent to you. After such time, if you wish for us to
send you paper copies of any such documents from our office to you, you will be charged a
$0.15 per-page fee. You may request delivery of such paper copies from us by following the
procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to
receive required notices and consents electronically from us or to sign electronically documents
from us.
All notices and disclosures will be sent to you electronically
Electronic Record and Signature Disclosure created on: 8/11/2020 4:44:12 PM
Parties agreed to: Sean Lewis, Jerrilea Crawford, Kathryn Gardow
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through the DocuSign system all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or made
available to you during the course of our relationship with you. To reduce the chance of you
inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact Washington State Department of Commerce:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: docusign@commerce.wa.gov
To advise Washington State Department of Commerce of your new email address
To let us know of a change in your email address where we should send notices and disclosures
electronically to you, you must send an email message to us at docusign@commerce.wa.gov and
in the body of such request you must state: your previous email address, your new email
address. We do not require any other information from you to change your email address.
If you created a DocuSign account, you may update it with your new email address through your
account preferences.
To request paper copies from Washington State Department of Commerce
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an email to docusign@commerce.wa.gov and in
the body of such request you must state your email address, full name, mailing address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with Washington State Department of Commerce
To inform us that you no longer wish to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your signing session, and on the subsequent page,
select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an email to docusign@commerce.wa.gov and in the body of such request you must
state your email, full name, mailing address, and telephone number. We do not need any other
information from you to withdraw consent.. The consequences of your withdrawing consent for
online documents will be that transactions may take a longer time to process..
Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The
current system requirements are found here: https://support.docusign.com/guides/signer-guide-
signing-system-requirements.
Acknowledging your access and consent to receive and sign documents electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please confirm that you have
read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for
your future reference and access; or (ii) that you are able to email this ERSD to an email address
where you will be able to print on paper or save it for your future reference and access. Further,
if you consent to receiving notices and disclosures exclusively in electronic format as described
herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before
clicking ‘CONTINUE’ within the DocuSign system.
By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm
that:
You can access and read this Electronic Record and Signature Disclosure; and
You can print on paper this Electronic Record and Signature Disclosure, or save or send
this Electronic Record and Disclosure to a location where you can print it, for future
reference and access; and
Until or unless you notify Washington State Department of Commerce as described
above, you consent to receive exclusively through electronic means all notices,
disclosures, authorizations, acknowledgements, and other documents that are required to
be provided or made available to you by Washington State Department of Commerce
during the course of your relationship with Washington State Department of Commerce.