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09-072.00 WA CTED: Greenacres Neighborhood Park Washing)State Department of Community, Trade, and Economi vel IS/ED } Local Government Division Community Development Programs Unit MAY ©5 7009 . Capital Programs CONTRACT FACE SHEET Community Development Programs 1. GRANTEE NAME/ADDRESS: 2. CONTRACT NUMBER: 3. CONTRACT AMOUNT: City of Spokane Valley • 11707 E Sprague Avenue Ste 106 08-96114-167 $296,250.00 Spokane Valley,WA 99206 4. GRANTEE CONTACT PERSON, NAME/TITLE, PHONE: 5. CDBG STAFF CONTACT, NAME: Mike Stone Michael Kendall (509)688-0040 6. DATE APPLICATION SUBMITTED: 7. CONTRACT START DATE: 8. CONTRACT END DATE: N/A 6/30/2011 9. FUNDING AUTHORITY: Washington State Department of Community, Trade and Economic Development (hereinafter known as the "DEPARTMENT") 10. STATE AND FEDERAL"BARS"CODE: 11. CATALOG OF FEDERAL DOMESTIC ASSISTANCE(CFDA): N/A N/A 12. SERVICE AREA: 13. COUNTIES: 14. NUMBER OF PAGES IN (BY LEGISLATIVE DISTRICT): 4 CONTRACT DOCUMENT: Spokane 16 15: TIN: REDACTED 16. SUBRECIPIENT OR PARTICIPATING ENTITIES: • • 17. PURPOSE FOR AWARDED FUNDS: Funds awarded under this grant shall be used for the design and construction costs of Greenacres Neighborhood.Park. The park will be located on 8.3 acres at the corners of Long and Boone in Spokane Valley. The project will include design and construction of site work,utilities,play equipment,shelter,parking,lighting,landscaping,and other park amenities. • Design will begin June 2009 and will be completed December 2009. • -Construction is scheduled to begin June 2010 and anticipated to be completed by August 2011. The DEPARTMENT and CONTRACTOR acknowledge and accept the terms of this CONTRACT and attachments and have executed this CONTRACT on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this CONTRACT are governed by this CONTRACT and the following other documents incorporated by reference,where applicable: CONTRACT Terms and Conditions including Attachment"A"Project Budget,Attachment"B"Certification of the Availability of Funds to Complete the Project,Attachment"C"Project Scope of Work,Attachment"D"Certification of the Payment and Reporting of Prevailing Wages,Attachment"E"Certification of Intent to Enter the Leadership in Energy and Environmental Design(LEED)Certification Process. FOR THE DEPA ENT: • FOR THE GRANTEE: Kare rki , rector 6-- Local G vernment ' sion • Dave M rcier , City Manager DATE Lp /� City of Spokane V Iley • APPROVED AS TO FORM: • DATE 1/,1I DI( a ' I �%p�� This document contains confidential tax information and c �� G has been redacted pursuant to RCW 82.32.330. • Assistant Attorney General You may petition for a review of our findings pertaining to any DATE 7/a72 °y redacted or withheld documents pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review /t ocl—o72- pursuant to RCW 42.56.550. . , . , ~ STATE OF WASHINGTON DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT LOCAL AND COMMUNITY PROJECTS 2008 PROGRAM - CAPITAL CONTRACT NUMBER 08-96114-167 THIS CONTRACT, entered into by and between the City of Spokane Valley (a unit of local government hereinafter referred to as the CONTRACTOR), and the Washington State Department of Community, Trade and Economic Development (hereinafter referred to as the DEPARTMENT), WITNESSES THAT: WHEREAS, the DEPARTMENT has the statutory authority under RCW 43.330.050 (5) to cooperate with and provide assistance to local governments, businesses, and . community-based organizations; and WHEREAS, the DEPARTMENT is also given the responsibility to adininister state funds and programs which are assigned to the DEPARTMENT by the Governor or the Washington State Legislature; and WHEREAS, the Washington State Legislature has, in Laws of 2008, Chapter 328, Section 1019; made an appropriation to support the Local and Community Projects 2008 Program, and directed the DEPARTMENT to administer those funds; and WHEREAS, the enabling legislation also stipulates that the CONTRACTOR is eligible to receive funding for acquisition, construction, or rehabilitation (a venture hereinafter referred to as the "Project"). NOW, THEREFORE, in consideration of covenants, conditions, performances, and promises hereinafter contained, the parties hereto agree as follows: 1. FUNDING The f'unds awarded to the CONTRACTOR hereunder shall be a sum up to, but not to exceed $296,250.00. The DEPARTMENT has retained the amount of $3,750.00 for costs directly associated with managing the completion of this contract. 1 ` , 2. SERVICE PROVISIONS a) Funds awarded under this contract'sha.ll be used solely and specifically for capital construction costs associated with the Greenacres Neighborhood Pa.rk 'Development project, as cantemplated in Laws of 2008, Chapter 328, Section 1019, b} The CONTRACTOR shall perform in accardance with the ternns and canditions ofthis contxact and Yhe following attachments which, by this reference, a.re made a part of this contract. ATTACHMENT" A (Prnject Budget) ATTACHNTENT B(Certification of the Availability of F'unds -to Complete the Proj ect) , ATTACHMENT ~ (Project Scape of Work) . . • AT'F`A+CHMENT D(Certification of #he Fayrnent and Reporting of ;Prevailing Wa,ges) ATTACHMENT E(Certification of Zntent to Enter the Leadership in - Energy and Enviranmenta1 Design Certification Process) 3. 5PECIAL CONDITION(S) ' . None. 4. CDNTRACT PERIDL7 a) The effective da-te rafthis c-antract shall be the date of the last signature ofthe - contracting parties. b) Unless tenninated earlier pursuant to Section 9, 12, vr 29, hereaf, the terrninativ-n date s-ball be June 30, 2011. - 5, CERTIFICATION OF FUNDS - a} The release of state funds under this contract is contingent upon the CO7VTRACTOR certifying that it has expended or has access ta funds from nan- state sources as set fvrth in ATT'ACNM,ENT B(C:ERTIFICATION OF THE ' AVAILABILITY OF FUNDS T~ COMPLETE THE PROJECT), hereof. Such _ i1Qn-State SOLl1"CeS l27ay cp17siSt of a Comb1I7aC1oi7 of atly of the ffJllOW1I'1g: , i} Ehaible Praiect expendi#ures prior to the executian of fihis contracfi. . ii} Cash dedicated ta the Praject. iii} fund~ availahle throu2h a letter of credit ar other bindine. loan commitment{s}. - 2 iv) Pledizes from foundations or coraorations. v) Pled2es from individual donors. vi) The value of real propertv when acauired solelv for the pumoses of this Proiect, as established and evidenced by a current market-value appraisal performed by a licensed, professional real estate appraiser, or a current property tax statement. The DEPARTMENT will not consider appraisals for prospective values of such property for the purposes of calculating the amount of non-state matching fund credit. . vii) In-kind contributions, subject to the DEPARTMENT'S approval. b) The CONTRACTOR shall maintain records sufficient to evidence that it has access to or has expended funds from such non-state sources, and shall make such records available for the DEPARTMENT'S review upon reasonable request. 6. EXPENDITURES ELIGIBLE FOR REIMBURSEMENT The CONTRACTOR may be reimbursed, at the rate set forth elsewhere in this contract, for Project expenditures in the following cost categories: a) Real property, and costs directly associated with such purchase, when purchased or acquired solely for the purposes of the Project; b) Design, engineering, architectural, and planning; c) Construction ma.nagement and observation (from external sources only); d) Construction costs including, but not limited to, the following: Site preparation and improvements; Permits and fees; Labor and materials; Taxes on Project goods and services; Capitalized equipment; lnfoi-mation technology infrastl-uctuc-e; 1nd Landscaping. 7. REIMBURSEMENT PROV1S10NS . a) Payments to the CONTRACTOR shall be made on a reimbursement basis only. For the purposes of this contract, reimbursement shall be construed to mean costs incurred and paid, or costs incurred and payable withiil thirty (30) days. 3 . + _ b} The DEPARTMENT sha11 reimburse the ~ONTRAC7`OR for on,e-hundred ' percent (100°lo) afeligible Project expenditures, up to the maxirnum payable - under fhis contract. When requesting reimbursernent for costs incurred ar expenditures made, the CONTRACTOR shall submit ta the DEPARTMENT a signed and campleted Invoice Vaucher (Forrn A-1 9), referencing the Project activi-ty perfonned, and any appropriate documentation. The vaucher must be ce-r#ified by an official of the CONTRACTQR witli authority to bind the CONTRACTO'R. The final voucher shall be su'bmitted to the DEPARTMENT within -fifteen (15) days following'the completion of work or other terr-nination of this contract. . c) Each request for payment must be accampanied by a Froject Status Report, which - describes, in narrative fortn, the progress made, on the Project since #he last . invoice was submitted, as we11 as a report of Praject status tv date. The , DEPARTMENT wi11 not release payment for any reimbursement request received _ unless and until the Prflject Status Report is received. d} After approving thc Invoice Voucher and Praject Status Report, fihe ' DEPARTMENT shall p-romptly rernit a warrant to the CON'7'R.ACTOR. e) The CONTRACTOR shall not subrnit anvoices rrrore t.han ance manthly. 8. IEVALUATIQN AND MO-NTTOR.JNG a} The CONTRACTOR sha11 cooperate with and -fi-eely participate in any monitoring or evaluakion activities conducted by the DEPARTMENT that are pert¢nciit to t1le ` intent ofthis contract, including periadic site inspections. _ -b) The CONTRACTOR shall provide the DEPARTM.ENT with photogr~phs, either hard copy or electronically, which depict visually t.he progress made on the Project. Such ph.otagraphs shall be submitted to #he DEPARTIVIENT at the inception ofthe ,Project, upoii 50 percent of campletion, and upon campletion, as apPlicabte. c} The DEPARTMENT or the State Auditar and any oftheir representatives shall have fall access to ar7d the right ko exarniiie during norma~ busiaiess hours and as - often as the _DEPA-R,TMENT ar the State Auditar may deem necessary, a11 the CONTRACTOR'S records with respect to a11 matters covcred in this contract. Such representatives sha11 be perrnitted to audit, examine, and Tnake excerpts flr . tT'aC7SCC1ptS fI"o177 Sl]Ch reCOCdS aI1d to 1-n~~~ audIt5 of a11 C[]Iltra[:tSY invoices, , materials, payralls, and records of rnattcrs covered by this cantract. Such rights last for six (6) years fi-om the date firEal payment is made hereunder. . - 4 . 9. NONDTSCRIMINATION PROVISION a) During the performance of this contract, the CONTRACTOR shall.abide by all . applicahle federal and state nondiscrimination laws and regulations; including, but not limited to Chapter 49.60 RCW (Washington's Law Against Discrimination) and 42 U.S.C. 12101 et. seq. (the Americans With Disabilities Act [ADA]). b) The CONTRACTOR shall make the Project facilities available to the public in a manner that assures fair, equal, and non-discriminatory treatment to all persons without regard to race, color, religion, sex, age, or national origin. No person shall be refused service, be given discriminatory treatment, be denied any • privilege, use of facilities, or participation in activities on account of race, color, religion, sex, or the presence of a sensory, mental, or physical handicap, or be required to participate in any religious worship, exercise or instruction. The funds provided under this contract shall not be used to fund religious worship, exercise, or instruction. c) In the event of the CONTRACTOR' S noncompliance 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 DEPARTMENT. The CONTRACTOR shall, however, be given a reasonable time in which to remedy any such noncompliance. Any dispute inay be re5olved in accordance with the "Disputes" procedure set forth in Section 23 of this contract. 10. CONTRACT MODIFICATIONS The DEPARTMENT and the CONTRACTOR may, from time to time, desire to make changes to this contract. Any such changes that are mutually agreed upon by the DEPARTMENT and the CONTRACTOR shall be incorporated herein by written amendment. It is mutually agreed and understood that, except for the budget modifications described in Section 11 of this contract, no alteration or variation of the terins of this contract shall be valid unless made in writing atld signed by the parties hereto, and that any oral understanding or agreements not incorporated herein shall not be binding. 11. MODIFICATIONS TO THE PROJECT BUDGET a) Notwithstanding any other provision of this contract, the CONTR.ACTOR may, at its discretion, make modifications not to exceed fifteen percent (15%) of each line item in the Project Budget (Attachment A), hereof. b) The CONTRACTOR shall notify the DEPARTMENT in writing when making any budget modification or moditications that would exceed fiffieen percent (15%) of any budget line item. Any such request shall require the written approval of the 5 DEPART-MENT, and any such modifications shall be made in writing and signed by both parties, and attached to the Project Budget (Attachment A), hereof. c) Nothing in this section shall be construed to permit an increase in the amount of funds available for the Project, as set forth in Section 1 of this contract. . 12. TERMINATION OF CONTRACT . a) If, through any cause, the CONTRACTOR shall fail to fulfill in a timely and proper manner its obligations under this contract or if the CONTRACTOR shall violate any of its covenants, agreements or stipulations of this contract, the DEPARTMENT shall thereupon have the right to terminate this contract and withhold the remaining allocation if such default or violation is not corrected witlun twenty (20) days after the DEPARTMENT'S submitting written notice to the CONTRACTOR describing such default or violation; Provided, that if more than twenty (20) days are required to correct any such default or violation and the CONTRACTOR has initiated appropriate corrective measures as reasonably determined by the DEPARTMENT, the DEPARTMENT will not terminate this CONTRACT for such default or violation. b) Notwithstanding any provisions of this contract, either party may terminate this contract by providing the other party with written notice of such termination, specifying the effective date thereof, at least thirty (30) ciays prior to such date. c) In the event this contract is terminated, the CONTRACTOR shall be reimbursed for eligible expenses incurred prior to the effective date of such termination and not otherwise paid for by the DEPARTMENT, as the DEPARTMENT reasonably detertnines. d) In the event funds are not reappropriated for this Project in the 2009 - 2011 biennial budget, this contract shall terminate on June 30, 2009. 13. SPECIAL PROVISION The DEPARTMENT'S failure to insist upon the strict performance of any provision of this contract or to exercise any right based upon a breach thereof or the acceptance of any performance during such breach, shall not constitute a waiver of any right under this cotitract. 14. HOLD HARMLESS a) It is understood and agreed that this contract is solely for the benefit of the parties hereto and gives no i-ight to any other party. No joint venture or partnership is fori-ned as a i-esult of this contract. Each party hereto agrees to be responsible and assume liability for its own negligent acts or oinissions, oi- those of its officers, agents, or employees to the fullest extent required by law, and agrees to save, 6 . indemiufy, defend, and hold the other party harmless from any such liability. In the case of negligence of more than one party, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each party, and each party shall have the right to seek contribution from the other party in proportion to the percentage of negligence attributable to the other party. b) This indemnification clause shall also apply to any and all causes of action arising out of the performance of work activities under this contract. Each contract for services or activities utilizing funds provided in whole or in part by this contract shall include a provision that the DEPARTMENT and the state of Washington are not liable for damages or claims from damages arising from any subcontractor's performance or activities under the terms of the contracts. * c) The CONTRACTOR shall defend, indemnify and save the DEPARTMENT, its officers, and employees harmless, from and against any and all claims, including reasonable attorney fees, made by the CONTRACTOR, its subcontractors, their ernployees and subcontractors, and any other persons, relating to the payment or reporting of prevailing wages under RCW 39.04 or RCW 39.12. 15. RECAPTURE PROVISION In the event that the CONTR.ACTOR fails to expend state funds in accordance with state law and/or the provisions of this contract, the DEPARTMENT reserves the right to recapture state funds in an amount equivalent to the extent of noncompliance. Repayment by the CONTRACTOR of state funds under this recapture provision shall occur within thirty (30) days of demand. In the event that the DEPARTMENT is required . to institute proceedings to enforce this recapture provision, the DEPARTMENT shall be entitled to its cost thereof, including reasonable attoniey's fees. 16. OWNERSHIP OF PROJECT/CAPITAL FACILITIES The DEPARTMENT makes no claim to any real property improved or constructed with funds awarcied under this contract and does not assert and will not acquire any ownership interest in or title to,the capital facilities andlor equipment constructed or purchased with state funds under this contract. This provision does not extend to claims that the DEPARTMENT may bring against the CONTRACTOR in recapturing funds expended in violation of this contract. 17. RELAT[ONSHIP BETWEEN THE PARTIES - The CONTRACTOR and its employees or agents perfoi-ming under this contract are not deemed to be employees of the DEPARTMENT nor agents of the DEPARTMENT in any manner whatsoever, nor will they hold thetnselves out as nor claim to be officers or employees of the DEPARTMENT or of the state of Washington hereof and will not make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the DEPARTMENT or of the state of Washington. 7 , - t 1$ . COVERNING LAW AND VENUE - This contract shatt be constrrxed and enfarced in accordance wi,th, and the validity and _ - perfarmance hereof shall be govemecl by, the laws of the skate of Wasbington. 'Venue of any action at law between the parties arising aut of this contract shall be the superior caurt of TM-u.rston County, Washfington. 19. SEVERABILITY - In the event any term or condition of this contract or application thereo# to any persan or , circumstances is held inva.lid, such invalidity shall not affect other tenns, canditions, or applications of this contract that can be given effect,without the invalici term, coiidition, - or applicatian. FI'o this end the terrns and conditions of t-his contrac# are declared ~everable. - 20. REDUCTION IN FLTNDS ln the event state funds appropriated for the work conternpla~ed under this contract are wi#hdrawn, reduced, or limited in any way by the Governor or the Washingtorr State Legisla#ure during the contractperiod, the parties hereto_ sha.ll be bound by arxy such revised fundxng lixnitations as implerriented at the discretion of the DEPA,R.TMENT, and shatl rneet atYd renegotia#e the contract accordingly, 21. ENTIRE AGREEMENT _ This contract and all attachments hereto contain all the terms and conditians agreed upon by tN parties. No ottier -understandings, oral or atherwise, regarding the subject matter af this contract and attachments shall be deerned to exist or to bind any of the parties hereto. 22. S1GNAGE, MARICERS AND PUSLICATIONS . Yf, during the period cavered by this contract, the ~ONTRACTOR displays or circulates any conununication, publication, or donor recognition identifying the financial participants in the Proaect, any such communicatton or publicatian must identi.fy :`The State o#' Washington=' as a participant. 23. DISPLJTES - Except as other-wise,pravidecf in this contract, vvhen a bona fide dispute axises between • the parties and it caniiot be resolved #'hrough discussion a.nd negotiatiort, ei#her party may request a dispute hearing. The parties shall select a dispute resaluti4n tcatri to resalve the dispute. The dispute resolutian #earn sha11 cvnsist of a representati-ve appoiiited by t'lle DEFARTMENT, a representa#ive appainted by th~ ~ONTRACTOR, mid a third party . - mutually agreed upon by both parties. 'I'he dispute resoluti,on teaai-i sha1l attempt, by , majority vote, to resolve the dispute. The parties agree that this dispute process shall p1"ECede any 7Ct1Qt1 1Tl d aud1Cia1 or qL1as1-JUd1c1a1 sett1T1g. - ~ 24. REGULATION COMPLIANCE . The CONTRACTOR shall be responsible for obtaining all necessary licenses and permits, and for complying wit11 any federal, state and municipal laws, codes, and regulations applicable to the project funded by this contract. 25. PREVAILING WAGE LAW The Project funded under this contract may be subject to state prevailing wage law (Chapter 39.12 RCW). The CONTRACTOR is advised to consult the Industrial Statistician at the Washington Department of Labor and Industries to detennille whether prevailing wages must be paid. The DEPARTMENT is not responsible for determining whether prevailing wage applies to this Project or for any prevailing wage payinents that may be required by law. 26. CHANGE OF OWNERSHIP OR USE FOR CONTRACTOR-OWNED PROPERTY a) The CONTRACTOR understands and agrees that any and all real property or facilities owned by the CONTRACTOR that are acquired, constructed, or otherwise improved by the CONTRACTOR using state funds under this contract shall be held and used by the CONTRACTOR for the purpose or purposes stated elsewhere in this contract for a period of at least ten (10) years from the date the final payment is made hereunder. . b) This provision shall not be cotistrued to prohibit the CONTRACTOR from selling any property or properties described in this section; Provided, that any such sale shall be subject to prior review and approval by the DEPARTMENT, and that all proceeds from such sale shall be applied to the purchase price of a different facility or facilities of equal or greater value than the original facility and tliat any suc11 new facility or facilities will be used for the purpose or purposes stated elsewhere in this contract. . c) In the event the CONTRACTOR is found to be out of compliance with this section, the CONTRACTOR shall repay to the state general fund the principal amount of the grant as stated in Section 1, hereof, plus interest calculated at the rate of interest on state of Washington general obligation bonds issued most closely to the effective date of the legislation in which the subject facility was authorized. Repayment shall be tnade pursuant to Section 15 (Recapture provision). 27. CHANGE OF USE FOR LEASED PROPERTY a) The CONT'RACTOR understands and agrees that any facility leased by the CONfiRACTOR that is constructed, renovated, or otherwise improved using state funds under this contract shall be used by the CONTRACTOR for the purpose or 9 - purposes stated elsewhere in this cantract for a period of at least ten (10) years from the date the f,inal payment is made hereunder. . b) In the event the CONFI'RAGTOR is found ta be out o-f compliance with this section, the CONTRACTOR shall repay to the state generai fund the principal ~ amount ❑f the grant as stated in Section 1, hereof, plus interest ca1cuIated at #he _ rate of interest on state of Washizagton general obligation bonds issued rnast closely to the effective date of the legislatian in which the subject facility was authorized. Repayrnent shall be made pursuant to Section 15 (Reeaptu.re Pravision). 28. FIISTOR,ICAL AND CLTLTLTRA.L A.RTIFACTS In the evenfi thax historical or cu1tura1 artifacts are discovered at the Project site during constructian, the CONTRACTOR sha11 irnmediately stop construckion and notify the local historical preservation officer and the~ state historical preserv,ation officer at the Washirrgtan State Departrnent of. Archaeology and :Historic Preservation. 29. 'REA:PPROPRIAT"IO1V ' a} The ;parties hereta understand and agree thafi any sta#e funds not expended by June 30, 2009, will lapse on that date unless specifically reapprapriated by -the . . Washington Sta,te Legislature. i.f funds are so reappropriated, the s#ate's obligation under the terms of this contract sha1l be contingent upon the terms o-f s-uch reappropriation. b} In the event any funds awarded under this contract are reappropriated far use in a . - fiuture biennium, the DEPARTMENT reserves the right to assign a reasanable share ofany such reappropriation for admiiiistrative casts. 30. SLJR.VIVAL a) The tet`tT7s atld COnd1ti4115 GontalI1ed lIl th15 CO17tT'aCfi tll~~ the1I` SeF1Se and cOI1teXt are intended to survive the terrnination of this contra,ct, ineluding Sections 14 ' (Hold Harmless), 15 (Recapture Provisiora), 18 (Gaveming Laur and Venue), 22 (Signage, Markers an,d Publications), 23 (Disputes), 26 (Chaiige of Ownership or Use for CQntractor-Dv4rned Property) and 27 (Cha.nge of Use for Leascd Praperty), shall so survive. - 31. ADl1!1IN1STRLATION a} The CONTRACTOR'S rQpresentative shall be Michael D. Stnne. ' b} The DEPARTMENT'S representative shall be Daniel Aarthun. - J. 4 • r ATTACHMENT A PROJECT BUDGET Line Item ~ Amount Architecture & Engineering ~ $50,000.00 Construction ~ $450,000.00 Total Contracted Amount: ~ $500,000.00 The CONTRACTOR, by its signature, certifies that the Project Budget set forth above has been reviewed and approved by the CONTRACTOR' S governing body or board of directors, as applicabl , as of the date and year written below. . ~ CONTRACTO . ~ ` TITLE . DATE ~ , 11 ATTACHMENT B . CERTIFICATION OF THE AVAILABILITY OF FUNDS ~ TO COMPLETE THE PROJECT a Non-State Funds ~ Amount ~ Total City of Spokane Valley ~ $203,750.00 ~ Total Non-State Funds ~ $203,750.00 ~$203,750.00 State Funds 2007-2009 State Capital Budget ~ $296,250.00 ~S296,250.00 Total Non-State and State Sources ~ ~$5009000.00 CERTIFICATION The CONTRACTOR, by its signature, certifies that project funding from sources other than those provided by this contract and identified above has been reviewed and approved by the CONTRACTOR' S governing body or board of directors, as applicable, and has either been expended for eligible Project expenses, or is committed in writing and available and will remain committed and available solely and specifically for carrying out the purposes of this Project as described in elsewhere in this contract, as of the date and year written below. The CONTR.ACTOR shall maintain records sufficient to evidence that it has expended or has access . to the funds needed to complete the Project, and shall make such records available for the DEPARTMENT' S review upon reasonable request. , CONT CTOR . TITLE ` DATE 12 ATTACHMENT C PROJECT SCOPE OF WORK PROJECT SUMMARY Funds awarded under this grant shall be used for the design and construction costs of Greenacres Neighborhood Park. The park will be located on 8.3 acres at the corners of Long and Boone in Spokane Valley. The project will include design and construction of site work, utilities, play equipment, shelter, parking, lighting, landscaping, and other park amenities. Design will begin June 2009 and will be completed December 2009. . Construction is scheduled to begin June 2010 and anticipated to be completed by August 2011. The CONTRACTOR shall make all plans and documents funded in whole or in part by this contract available to the Department upon reasonable request. The CONTRACTOR, by its signature, certifies that the declaration set forth above has been reviewed and approved by the CONTRACTOR' S governing body as of the date and year written below. ` G'~ • CONT CTOR TITL DATE 13 , w ATTA►CI3M:ENT D CERTTFICATION OF 7'HE PAYMENT AN:D- REPORTING OF PREVA.XLCNG WAGES CERTIFICATION The CONTRACTOR, by its signature, certifies that al] contractors and subcan#ractars performing work on the Project shall coinply with prevailing wage laws set forth in Chapter 39.12 RCW, as applicable ta the I'roject funded by this contract, including but not limited to the filing of the "Statement of Intent to 'Pay Frevailing Wages" and "'Affidavit of Wages Paid" as required by RCW 39.1 2.040. The CONTRACTOR sha11 maintain records su-fificient to evideiiee compliance vvi#h Chapter 39. 121~CW , and shall rnake such records available for the - I]EPARTMENT=S review upon request, . The CONTRACT[7R, by its signature, certifies that t'he declaration set farth above has been revievved and approverl by the CONTRACTOR'S governiiig body as af#he date and year writ#en belau€. CO1VT~CT . . ~ - TITLE ~ ~ //0)1 17ATE ~ 14 - ATTACHMENT E CERTIFICATION OF INTENT TO ENTER THE LEADERSHIP IN ENERGY AND ENVTRUNMENTAL DESIGN (LEED) CERTIFICATION PROCESS CERTIFICATION The CONTR.ACTOR, by its signature, certifies fihat it will enter into the Leadership in Energy and Environmental Design certification process, as stipulated in RCW 39.35D, as applicable to the Project funded by this contract. The CONTRACTOR shall, upon receipt of LEED certification by the United States Green Building Council, provide documentation of such certification to the DEPARTMENT. The CONTRACTOR, by its signature, certifies that the declaration set forth above has been reviewed and approved by the CONTR.ACTOR' S governing body or board of directors, as applicable, as of the date and year written below. CONTRACTOR~; ~ TITLE . DATE ,15