Loading...
09-068.00 WA CTED: Discovery PlaygroundI R E O = U . ED Washington State Department of Community, Trade, and Economic D velopl t2 7 2009 Local Government Division Community Development Programs Unit Commlinitvoeveiopr,rertrrugrams Capital Programs CONTRACT FACE SHEET 1. GRANTEE NAME /ADDRESS: 2. CONTRACT NUMBER: 3. CONTRACT AMOUNT: City of Spokane Valley 11707 E Sprague Ste 106 08- 96105 -084 $790,000.00 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 _ _� ing 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: 16. SUBRECIPIENT OR PARTICIPATING ENTITIES: REDACTS 17. PURPOSE FOR AWARDED FUNDS: Funds for this grant will be used for the construction of the new Discovery Playground. The playground will be located at 2426 North Discovery Place in Spokane Valley. The playground will be approximately 2 acres (90,000 sq.ft.) in size and will consist of over eleven different areas or experiences. These include: Sun Gateway and Basalt Boulder Play; Fossil Maze; Secret Garden; Big Horn Sheep Challenge Steps, Double Slide and Sensory Garden; Palouse Rolling Hills; Elk Valley Picnic Plaza; Eagle's Nest Observation Deck; Steelhead Trout River Bed (water play); Outdoor Classroom; Sand Play with Mammoth Fossil Find; Discovery Pavers and Hidden Walk. There will also be a restroom and a variety of landscape features. The design work began in January 2009, and is scheduled to be completed in May 2009. Construction will begin in July 2009, and is expected to be completed in May 2010. 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 DEP TMENT: FOR THE GRANTEE: Kar In, A nt ctor Local G ernment Di is' David Merci r' City Manager DATE: �(f °J City of Sp ane Valley APPROVED AS TO FORM: DATE: r- This document contains confidential tax information and Assistant Attorney General has been redacted pursu to RCW 82.32.330. DATE: y131oC/ You may petition for a review of our findings pertaining to any i redacted or withheld documents pursuant to Spolcane valley Municipal Code (SVMQ 2.75.080; and obtain judicial review pursuant to RCW 42.56.550. C-1 — ��� t STATE OF WASHINGTON DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT LOCAL AND COMMUNITY PROJECTS PROGRAM CAPITAL CONTRACT NUMBER 08- 96105 -084 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 administer 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 2007, Chapter 520, Section 1041, made an appropriation to support the Local and Community Projects 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, perfonnances, and promises hereinafter contained, the parties hereto agree as follows: 1. FUNDING The funds awarded to the CONTRACTOR hereunder shall be a sum up to, but not to exceed $790,000.00. The DEPARTMENT has retained the amount of $10,000.00 for costs directly associated with managing the completion of this contract. 1 2. SERVICE PROVISIONS a) Funds awarded under this contract shall be used solely and specifically for capital construction- costs associated with the Mirabeau Point Children's Universal Park, as contemplated in Laws of 2007; Chapter 520, Section 1041. b) The CONTRACTOR shall perform in accordance with the terms and conditions of this contract and the following attachments which, by this reference, are made a part of this contract: 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 Certification Process) 3. SPECIAL CONDITION(S) None. 4. CONTRACT PERIOD a) The effective date of this contract shall be the date of the last signature of the contracting parties. b) Unless terminated earlier pursuant to Section 9, 12, or 29, hereof, the termination date shall be June 30, 2011. 5. CERTIFICATION OF FUNDS a) The release of state funds under this contract is contingent upon the CONTRACTOR certifying that it has expended or has access to funds from non - state sources as set forth in ATTACHMENT B (CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE PROJECT), hereof. Such non -state sources may consist of a combination of any of the following: i) Eligible Project t expenditures prior to the execution of this contract. ii) Cash dedicated to the Project. iii) Funds available through a letter of credit or other binding loan commitment(s). iv) Pledges from foundations or corporations. 2 V) Pledges from individual donors. vi) The value of real property when acquired solely for the purposes of this Project 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 management 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; Information technology infrastructure; and Landscaping. 7. REIMBURSEMENT PROVISIONS 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 within thirty (30) days. b) The DEPARTMENT shall reimburse the CONTRACTOR for one - hundred percent (100 %) of eligible Project expenditures, up to the maximum payable under this contract. When requesting reimbursement for costs incurred or 3 expenditures made, the CONTRACTOR shall submit to the DEPARTMENT a signed and completed Invoice Voucher (Form A -19), referencing the Project activity performed, and any appropriate documentation. The voucher must be certified by an official of the CONTRACTOR with authority to bind the CONTRACTOR. The final voucher shall be submitted to the DEPARTMENT within fifteen (15) days following the completion of work or other termination of this contract. C) Each request for payment must be accompanied by a Project Status Report, which describes, in narrative form, the progress made on the Project since the last invoice was submitted, as well as a report of Project status to date. The DEPARTMENT will not release payment for any reimbursement request received unless and until the Project Status Report is received. d) After approving the Invoice Voucher and Project Status Report, the DEPARTMENT shall promptly remit a warrant to the CONTRACTOR. e) The CONTRACTOR shall not submit invoices more than once monthly. 8. EVALUATION AND MONITORING a) The CONTRACTOR shall cooperate with and freely participate in any monitoring or evaluation activities conducted by the DEPARTMENT that are pertinent to the intent of this contract, including periodic site inspections. b) The CONTRACTOR shall provide the DEPARTMENT with photographs, either hard copy or electronically, which depict visually the progress made on the Project. Such photographs shall be submitted to the DEPARTMENT at the inception of the Project, upon 50 percent of completion, and upon completion, as applicable. C) The DEPARTMENT or the State Auditor and any of their representatives shall have full access to and the right to examine during normal business hours and as often as the DEPARTMENT or the State Auditor may deem necessary, all the CONTRACTOR'S records with respect to all matters covered in this contract. Such representatives shall be permitted to audit, examine, and make excerpts or transcripts from such records and to snake audits of all contracts, invoices, materials, payrolls, and records of matters covered by this contract. Such rights last for six (6) years from the date final payment is made hereunder. A. . . ." w 9. NONDISCRIMINATION PROVISION a) During the performance of this contract, the CONTRACTOR shall abide by all applicable 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 may be resolved 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 terms of this contract shall be valid unless made in writing and 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 CONTRACTOR may, at its discretion, make modifications not to exceed fifteen percent (15 %) of each line item in the Project Budget (Attaclunent A), hereof. 5 b) The CONTRACTOR shall notify the DEPARTMENT in writing when making any budget modification or modifications that would exceed fifteen percent (15 %) of any budget line item. Any such request shall require the written approval of the .DEPARTMENT, 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 snail 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 within twenty (20) days after the DEPA'RTMENT'S submitting written notice to the CONTRACTOR describing such default or violation; Provided, that if more than Mrenty (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) days 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 determines. 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 P.R.OISION The DEPARTMENT' S failure to insist upon the strict performance of arty ,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 contract. 14. _ HOLD HARMLESS a) It is understood and agreed that this contract is solely for the benefit of the parties hereto and gives no right to any other party. No joint venture or partnership is formed as a result of this contract. Each party hereto agrees to be responsible and assume liability for its own negligent acts or omissions, or those of its officers, agents, or employees to the fullest extent required by law, and agrees to save, indemnify, 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 employees 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 CONTRACTOR 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 attorney's fees. 16. OWNERSHIP OF PROJECT /CAPITAL FACILITIES The DEPARTMENT makes no claim to any real property improved or constructed with funds awarded under this contract and does not assert and will not acquire any ownership interest in or title to the capital facilities and/or 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. RELATIONSHIP BETWEEN THE PARTIES The CONTRACTOR and its employees or agents performing 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 themselves out as nor claim to be officers or 7 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. 18. GOVERNING LAW AND VENUE This contract shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws of the state of Washington. Venue of any action at law between the parties arising out of this contract shall be the superior court of Thurston County, Washington. 19. SEVERABILITY In the event any term or condition of this contract or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this contract that can be given effect without the invalid term, condition, or application. To this end the terms and conditions of this contract are declared severable. 20. REDUCTION IN FUNDS In the event state funds appropriated for the work contemplated under this contract are withdrawn, reduced, or limited in any way by the Governor or the Washington State Legislature during the contract period, the parties hereto shall be bound by any such revised funding limitations as implemented at the discretion of the DEPARTMENT, and shall meet and renegotiate the contract accordingly. 21. ENTIRE AGREEMENT This contract and all attachments hereto contain all the terms and conditions agreed upon by the parties: No other understandings, oral or otherwise, regarding the subject matter of this contract and attachments shall be deemed to exist or to bind any of the parties hereto. 22. SIGNAGE, MARKERS AND PUBLICATIONS If, during the period covered by this contract, the CONTRACTOR displays or circulates any communication, publication, or donor recognition identifying the financial participants in the Project, any such communication or publication must identify "The State of Washington" as a participant. 23. DISPUTES Except as otherwise provided in this contract, when a bona fide dispute arises between the parties and it cannot be resolved through discussion and negotiation, either party may request a dispute hearing. The parties shall select a dispute resolution team to resolve the dispute. The dispute resolution team shall consist of a representative appointed by the DEPARTMENT, a representative appointed by the CONTRACTOR, and a third party 0 mutually agreed upon by both parties. The dispute resolution team shall attempt, by majority vote, to resolve the dispute. The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial setting. 24. REGULATION COMPLIANCE The CONTRACTOR shall be responsible for obtaining all necessary licenses and permits, and for complying with 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 determine 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 payments that may be required by law. 26. CHANGE OF OWNERSHIP OR USE F OR 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 construed 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 that any such 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 effective date of the legislation in which the subject facility was authorized. Repayment shall be made pursuant to Section 15 (Recapture provision). A] 27. CHANGE OF USE FOR LEASED PROPERTY a) The CONTRACTOR understands and agrees that any facility leased by the CONTRACTOR that is constructed, renovated, or otherwise improved using state funds under this contract shall be 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) 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 made pursuant to Section 15 (Recapture Provision). 28. HISTORICAL AND CULTURAL ARTIFACTS In the event that historical or cultural artifacts discovered at the Project site during construction, the CONTRACTOR shall immediately stop construction and notify the local historical preservation officer and the state historical preservation officer at the Washington State Department of Archaeology and Historic Preservation. 29. REAPPROPRIATION a) The parties hereto understand and agree that any state funds not expended by June 30, 2009, will lapse on that date unless specifically reappropriated by the Washington State Legislature. If funds are so reappropriated, the state's obligation under the terms of this contract shall be contingent upon the terms of such reappropriation. b) In the event any funds awarded under this contract are reappropriated for use in a future biennium, the DEPARTMENT reserves the right to assign a reasonable share of any such reappropriation for administrative costs. 30. SURVIVAL a) The terms and conditions contained in this contract that by their sense and context are intended to survive the termination of this contract, including Sections 14 (Hold Harmless), 15 (Recapture Provision), 18 (Governing Law and Venue), 22 (Signage, Markers and Publications), 23 (Disputes), 26 (Change of Ownership or Use for Contractor -Owned Property) and 27 (Change of Use for Leased Property), shall so survive. 31. ADMINISTRATION a) The CONTRACTOR'S representative shall be Michael Stone. b) The DEPARTMENT'S representative shall be Daniel Aarthun. 10 ATTACHMENT A PROJECT BUDGET Line Item Amount Architecture & Engineering $150 Construction $830,000.00 Construction Management $20,000.00 Total Contracted Amount: $1,000, 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 applicable, as of the date and year written below. CONT CTOR TITLE oy DATE 11 ATTACHMENT B OERTIFWA' ION OF THE AVAILABILITY OF FUND TO COMPLETE THE PROJECT Non -State Funds Amount Total City of Spokane Valley $210,000.00 Total Non -State Funds $210,000.00 $210 State Funds 2007 -2009 State Capital Budget $79000.00 $790 Total Non -State and State Sources 51,000 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 upended for eligible Project expenses, or is committed in writing and available and will remain committed and available solely and specifically for earrying out the purposes of this Project as described in elsewhere in this contract, as of the date and year written below. The CONTRACTOR 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, CONTRACTOR T ITLE DATE 12 ATTACHMENT C PROJECT SCOPE OF WORK PROJECT SUMMARY Funds for this grant will be used for the construction of the new Discovery Playground. The playground will be located at 2426 North Discovery Place in Spokane Valley. The playground will be approximately 2 acres (90,000 sq.ft.) in size and will consist of over eleven different areas or experiences. These include: Sun Gateway and Basalt Boulder Play; Fossil Maze; Secret Garden; Big Horn Sheep Challenge Steps, Double Slide and Sensory Garden; Palouse Rolling Hills; Elk Valley Picnic Plaza; Eagle's Nest Observation Deck; Steelhead Trout River Bed (water play); Outdoor Classroom; Sand Play with Mammoth Fossil Find; Discovery Pavers and Hidden Walk. There will also be a restroom and a variety of landscape features. The design work began in January 2009, and is scheduled to be completed in May 2009. Construction will begin in July 2009, and is expected to be completed in May 2010. 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. CONTRACTOR TITLE �{ D DATE 13 ATTACHMENT D C'ERTIF'ICATION OF THE PAYMENT AND REPORTING OF 'PREVAILING WAGES CERTIFICATION The CONTRACTOR, by its signature, certifies that all contractors and subcontractors performing work on the Project shall comply with prevailing wage taws set forth in Chapter 39.12 RCW, as applicable to the ;Project funded by this contract, including but not limited to the filing of the "Statement of Intent to Pay P reval I ing'W ages "' and "Affidavit of Wages Paid" as required by RCW 39.12.040. The CONTRACTOR shall maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and shall make such records available for the DEPARTMENT' review upon 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. CONTRACTOR TITLE DATE 14 ATTACHMENT E CERTIFICATION OF INTENT TO ENTER THE LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN (LEER) CERTIFICATION PROCESS CERTIFICATION The CONTRACTOR, by its signature, certifies that 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 CONTRACTOR'S governing body or board of directors, as applicable, as of the date and year written below. CONTRACTOR �G TITLE Q DATE 15