10/08/2024 - Regular - Packet0�84
Meeting Location: Contact us:
ORCHARD
Council Chambers Phone (3potorchad
216 Prospect Street cityhall@portorchardwa.gov
Port Orchard, WA 98366 www.portorchardwa.gov
City Council
Regular Meeting
Tuesday, October 8, 2024
6:30 PM
Pursuant to the Open Public Meetings Act, Chapter 42.30 RCW, the City Council is conducting its public meeting
in a hybrid format with options for in -person attendance in the Council Chambers at City Hall or remote viewing
and participation via Zoom (link below). The meeting is streamed live on the City's YouTube channel, click here.
Remote Access
Link: https://us02web.zoom.us/j/88054208085
Zoom Meeting ID: 880 5420 8085
Zoom Call -In: 1 253 215 8782
Guiding Principles
Are we raising the bar in all of our actions?
Are we honoring the past, but not living in the past?
Are we building positive connections with our community and outside partners?
Is the decision -making process building a diverse, equitable, and inclusive community?
1. CALL TO ORDER
A. Pledge of Allegiance
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3. CITIZEN COMMENTS
(This is an opportunity for citizens to address the City Council on agenda items that are not associated with a
Public Hearing on this agenda. Comments are limited to 3 minutes. Please approach the podium or raise
your Zoom hand if viewing remotely and wait to be recognized by the Mayor. Then, state your name for the
official record. If you are attending remotely by Zoom via telephone, enter *9 from your keypad to raise
your hand.)
4. CONSENT AGENDA
(Items listed are to be considered routine in nature and are grouped together in a single motion. A
Councilmember may remove an item for separate consideration upon request. In the event of such request,
the item is placed under Business Items.)
A. Approval of Vouchers and Electronic Payments
B. Approval of Payroll and Direct Deposits
C. Adoption of a Resolution Confirming Mayoral Appointment to the Lodging Tax
October 8, 2024 Meeting Agenda
Committee Serving 2024/2025 (Wallace)
D. Adoption of a Resolution Granting an Easement to Puget Sound Energy for City Hall
(Ryan)
E. Adoption of a Resolution Authorizing the Purchase of Base Stations, Antennas and First
Year Software for Radio Read Meters from Ferguson Waterworks (Ryan)
F. Approval of an Interlocal Grant Agreement with the Washington State Traffic Safety
Commission (WTSC) for High -Visibility Safety Emphasis Patrols (M. Brown)
G. Approval to Accept a Special Event Application and Waive the Submittal Timeline:
Holiday on the Bay, Formally Festival of Chimes and Lights (Wallace)
5. PRESENTATION
6. PUBLIC HEARING
(Accepting public testimony from citizens limited to the specific item listed)
7. BUSINESS ITEMS
A. Adoption of a Resolution Approving a Professional Services Agreement with Consor
North America, Inc. for the Design and Permitting of the Ruby Creek Sewer Lift Station
Project (Ryan)
B. Adoption of a Resolution Authorizing the Mayor to Execute a Commercial Facilities
Contract with PSE for City Hall Improvement Project and Ratifying all Actions
Consistent with this Authorization (Ryan)
C. Adoption of a Resolution Approving a Contract with DOH for a Pre -Construction Loan
for Preliminary Engineering and Design for Well 7 (Ryan)
D. Adoption of a Resolution Authorizing the Mayor to Execute a Commercial Facilities
Contract with PSE for the Melcher Pump Station Rehab Project (Ryan)
E. Approval of the September 17, 2024, City Council Work Study Meeting
8. DISCUSSION ITEMS
(No Action to be Taken)
A. Vacant Commercial Property (Archer)
9. REPORTS OF COUNCIL COMMITTEES
A. Council Advisory Committees
10. REPORT OF MAYOR
11. REPORT OF DEPARTMENT HEADS
12. CITIZEN COMMENTS
(This is an opportunity for citizens to address the City Council on any items that are not associated with a Public
Hearing on this agenda. Comments are limited to 3 minutes. Please approach the podium or raise your Zoom hand
if viewing remotely and wait to be recognized by the Mayor. Then, state your name for the official record. If you
are attending remotely by Zoom via telephone, enter *9 from your keypad to raise your hand.)
13. GOOD OF THE ORDER
14. EXECUTIVE SESSION
Pursuant to RCW 42.30.110, the City Council may hold an executive session. The topic(s) and the
October 8, 2024 Meeting Agenda
K
session duration will be announced prior to the executive session.
15. ADJOURNMENT
ADA Requirements
In compliance with the American with Disabilities Act, if you need accommodations to participate in this meeting, please
contact the City Clerk's office at (360) 876-4407. Notification at least 48 hours in advance of meeting will enable the City
to make arrangements to assure accessibility to this meeting.
REMINDER: Please silence all electronic devices while City Council is in session.
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For current City Council member and contact information, please visit https://portorchardwa.gov/departments/city-
council/.
For Committee Membership please visit https://portorchardwa.gov/city-council-advisory-committees/.
October 8, 2024 Meeting Agenda
3
0�4 City of Port Orchard
ORCHARD 216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Consent Agenda: Adoption of a Resolution Confirming Mayoral Appointment to the Lodging Tax
Committee Serving 2024/2025 (Wallace)
Meeting Date: October 8, 2024
Prepared By: Brandy Wallace, MMC, CPRO, City Clerk
Presenter: Brandy Wallace, MMC, CPRO, City Clerk
Summary and Background: Pursuant to Port Orchard Municipal Code 2.22 and RCW 67.28, the City
Council shall review the membership of the Lodging Tax Advisory Committee (LTAC) annually and
make appropriate changes by recommendation of the Mayor. The Mayor has reviewed the committee
membership, and at the request of the Chair, is requesting the membership remain the same for one
more year.
As a reminder, the committee shall consist of at least five members and the membership shall include:
(a) At least two members who are representatives of businesses required to collect the tax; (b) at least
two members who are persons involved in activities authorized to be funded by revenue received
under this tax; and (c) One member shall be an elected official of the City, serving as the Chair.
Therefor, the Mayor is recommending a representative from the following to serve on the LTAC, upon
Council's acceptance:
A business required to collect the tax:
• Mrs. Howes Bed and Breakfast.
• Smitty's Coop, LLC (Air B&B)
An organization involved in activities:
• Port Orchard Bay Street Association.
• South Kitsap Chamber of Commerce.
On January 23, 2024, Council adopted Resolution 003-24, appointing Councilmember Morrissey as the
Chair of the committee.
Relationship to Comprenhensive Plan: N/A
Recommendation: Staff recommends confirming the Mayor's recommended appointments of
members, and the Chair, as presented.
Motion for Consideration: I move to adopt a resolution confirming the Mayor's appointment of a
representative from Mrs. Howes Bed and Breakfast and Smitty's Coop, LLC , as businesses required to
4
collect the tax and Port Orchard Bay Street Association and South Kitsap Chamber of Commerce as
organizations involved in activities, to serve on the Lodging Tax Advisory Committee; and to re -confirm
the appointment of Councilmember Morrissey as Chair of the committee.
Has item been presented to Committee/Work Study? If so, which one: N/A
Fiscal Impact: N/A
Alternatives: Deny the Mayor's recommendation and provide further direction.
Attachments:
RES 2024 Lodging Tax Committee.doc
HOTEL -MOTEL BOARD HISTORY 2023.xls
41
RESOLUTION NO.
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON CONFIRMING
MAYORAL APPOINTMENTS AND CHAIR TO THE LODGING TAX ADVISORY
COMMITTEE.
WHEREAS, the Mayor is authorized by RCW 67.28.1817 to review the membership of
the Lodging Tax Advisory Committee annually and to make changes as appropriate; and
WHEREAS, the committee shall consist of at least five members and the membership shall
include: (a) At least two members who are representatives of businesses required to collect the tax;
(b) at least two members who are persons involved in activities authorized to be funded by revenue
received under this tax; and (c) One member shall be an elected official of the City, serving as the
Chair.
WHERAS, the Mayor has reviewed the committee membership and recommends
representatives from Mrs. Howes Bed and Breakfast and Smitty's Coop, LLC as businesses
required to collect the tax; and Port Orchard Bay Street Association and South Kitsap Chamber
of Commerce as organizations involved in activities, and
WHEREAS, pursuant to Resolution No. 003-24, the City Council confirmed
Councilmember Morrissey to be the chair of the Lodging Tax Committee; now therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: The City Council of the City of Port Orchard confirms the Mayor's
recommendations for representatives from Mrs. Howes Bed and Breakfast and
Smitty's Coop, LLC as businesses required to collect the tax; and Port Orchard
Bay Street Association and South Kitsap Chamber of Commerce as organizations
involved in activities to serve on the Lodging Tax Advisory Committee.
THAT: Councilmember Morrissey is confirmed as the Chair of the committee.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the City Clerk in authentication of such passage this 8th day of October 2024.
Robert Putaansuu, Mayor
ATTEST:
Brandy Wallace, MMC, City Clerk
City of Port Orchard
Lodging Tax Advisory Committee Board Members
Group
2024-2025
2023-2024
2022-2023
2021-2022
2020-2021
2019-2020
2018-2019
2017-2018
2016-2017
2015-2016
Chair
Morrissey
Cucciardi
Cucciardi
Rosa e e
Rosa e e
Rosa e e
Rosa e e
Chang
Chang
Chan
Visit Kitsap
Beth Javens
Port Orchard Chamber
Matt Murphy
Matt Murphy
Matt Murphy
Matt Murphy
Matt Murphy
FathomsO'FUn
Sharron King
Jessie Turner
Jessie Turner
Sidney Art Museum
Chris Stansbury
Bay St Assn/ POBSA
Sam Smith
Coreen H a dock
Bobbie Stewart
Bobbi Stewart
Saints Car Club
Keith Wo shnis
Keith Wo shnis
Keith Wo shnis
Kitsap Mustang Club
Port of Bremerton
KathyGarcia
HolidayInn/Comfort Inn
RhGaOr
Chan Park
Chan Park
Chan Park
Days I nn
Marissa Sens
s
Marissa Siens
Jack Edwards
Jack Edwards
—
Vista Motel
Mrs. Howe'sB&B
Lorraine Olsen
Lorraine Olsen
en
Lorraine Olsen
Lorraine Olsen
ILorrain Olsen
Lorraine Olsen
Lorraine Olsen
Smitt 'sCoop, LLC
lAnnette Stewart
2014-2015
2013-2014
2012-2013
2011-2012
2010-2011
2009-2010
2008-2009
2007-2008ffDeDeTeeters
2005-2006
2004-2005
Chan
Chan
Chan
Chan
Chan
Chan
Chan
W att
Dilenno
Dilenno
Kim Punt
Diane Robinson
Grant GriffinGrant
Griffin
Grant Griffin
Desiree Steffens
Christine Daniels
Desiree Steffens
Sharon Pierceor
Coreen Ha dock
Sharon Pierce or
Coreen Ha dock
DeDeTeeters
Ruth Doveland
Jessie Turner
Jesse Turner
Jesse Turner
Al Mahane
Christine Stansbery
Mary Peterson
Pam Heinrich
Mary Peterson
Bobbi Stewart
Don Ryan
Kathleen Wilson
John Ready
John Ready
Amanda Rudd
Amanda Rudd or
Mallory Jackson
Amanda Rudd
Frank Graziani
Frank Graziani
Terry Bontra er
Brian Sauer
Brian Sauer
Chan Park
Chan Park
Chan Park
Chan Park
Chan Park
Chan Park
Chan Park
Chan Park
Maria Burns
Sharon Pierce
Sharon Pierce
Stephen SaffelI
Stephen Saffell
Stephen Saffell
Stephen Saffell
Stephen SaffelI
Andrea Hu es
Bryan Powell
John Miller
Dick Berg
Connie McGr or
Con nieMcGr or
Unknown
Seung Suh
Seung Suh
Lorraine Olsen
Lorraine Olsen
Lorraine Olsen
2003-2004
2002-2003
2001-2002
2000-2001
Dilenno
Watt
Watt
Watt
Grant Griffin
Grant Griffin
Grant Griffin
Grant Griffin
Mel odd Sapp
Melode' Sa
Melode' Sa
Melode'Sapp
Bob Morehouse
X
Phil McCormick
Sharon Pierce
Sharon Pierce
Sharon Pierce
Sharon Pierce
Brian Powell
Ken Parks
Seung Suh
Jasdip Sohal
Jasdip Sohal
Jasdip Sohal
0�4 City of Port Orchard
ORCHARD 216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Consent Agenda: Adoption of a Resolution Granting an Easement to Puget Sound Energy for City Hall
(Ryan)
Meeting Date: October 8, 2024
Prepared By: Heidi Draper, PW Procurement Specialist
Presenter: Denis Ryan, CPWP-M, CPRP, Public Works Director
Summary and Background:
The City Hall Improvement Project (the "Project") was identified as a priority task for the City. The
Port Orchard City Hall facility was constructed in 1999. Through the years, weather, normal wear and
tear, and increased staffing have triggered a need to update and renovate the building. The City
Council authorized a contract with a design consultant to prepare the design for the Project. On June
13, 2023, the City Council approved a contract with Lincoln Construction, Inc. for the construction of
the Project. The PSE portion of the project requires the removal of the existing 3 phase overhead
transformer and installation of an overhead to underground primary line extension to meet the power
requirements of the Project. The City Council authorized a Commercial Electric Facilities Contract for
PSE's required design and construction costs for the electrical improvements at the October 8, 2024,
regular meeting. In order to perform the work set forth in the contract and to maintain PSE's electric
infrastructure, the City must provide PSE with an easement across the City's property "to construct,
operate, maintain, repair, replace, improve, remove, upgrade and extend" the utility systems
associated with the Project.
Relationship to Comprenhensive Plan: Chapter 9 - Capital Facilities
Recommendation: Staff recommends approval of a Resolution authorizing an easement benefitting
PSE for these purposes to ensure completion of the City Hall Project.
Motion for Consideration: Motion for consideration: I move to adopt a Resolution authorizing the
grant of an easement to PSE for work associated with the City Hall Improvement Project.
Has item been presented to Committee/Work Study? If so, which one: N/A
Fiscal Impact: There is no cost associated with this easement, as it is necessary for PSE to perform the services
identified in the Commercial Electric Facilities Contract for the Project and to maintain its infrastructure.
10
Alternatives: Do not approve the resolution and provide alternative guidance.
Attachments:
CH-RW-135753 City of Port Orchard 101173311 UG Electric.pdf
RESOLUTION-PSE-City_Hall-Easement_F.doc
11
RETURN ADDRESS:
Puget Sound Energy, Inc.
Attn: ROW Department (MK)
3130 S. 3811 St.
Tacoma, WA 98409
* PUGET SOUND ENERGY
EASEMENT
REFERENCE #:
GRANTOR (Owner): CITY OF PORT ORCHARD
GRANTEE (PSE): PUGET SOUND ENERGY, INC.
SHORT LEGAL: LOTS 1,2,3, AND 4, BILK 8, S.M. STEVENS TOWN PLAT OF SIDNEY, VOL. 1, PG. 1 /
PTN E '/z 26-24N-01 E
ASSESSOR'S PROPERTY TAX PARCEL: 4650-008-001-0106
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, CITY OF PORT
ORCHARD, a Washington municipal corporation ("Owner"), hereby grants and conveys to PUGET SOUND
ENERGY, INC., a Washington corporation ("PSE"), for the purposes hereafter set forth, a nonexclusive perpetual
easement over, under, along, across and through the following described real property (the "Property" herein) in
KITSAP County, State of Washington:
LOTS 1, 2,3 AND 4, BLOCK 8, S.M. STEVENS TOWN PLAT OF SIDNEY, AS PER PLAT
RECORDED IN VOLUME 1 OF PLATS, PAGE 1, RECORDS OF KITSAP COUNTY,
WASHINGTON;
EXCEPT THE WEST 2 FEET OF THE SOUTH 15 FEET OF LOT 4;
TOGETHER WITH THAT PORTION OF SR 166 DEEDED TO CITY OF PORT ORCHARD
UNDER AUDITOR'S FILE NO. 3002253;
TOGETHER WITH THAT PORTION OF VACATED BANK STREET ADJOINING AS PER
CITY OF PORT ORCHARD ORDINANCE NO. 971, DATED APRIL 12, 1976.
SITUATE IN THE CITY OF PORT ORCHARD, STATE OF WASHINGTON.
Except as may be otherwise set forth herein PSE's rights shall be exercised upon that portion of the Property
("Easement Area" herein) described as follows:
AN EASEMENT AREA TEN (10) FEET IN WIDTH HAVING FIVE (5) FEET OF SUCH WIDTH ON EACH SIDE OF THE
CENTERLINE OF PSE'S FACILITIES AS NOW CONSTRUCTED OR TO BE CONSTRUCTED, EXTENDED OR
RELOCATED LYING WITHIN THE SOUTH TEN (10) FEET OF THE WEST TWENTY FIVE (25) FEET OF THE ABOVE
DESCRIBED PROPERTY, EXCEPT WHERE BUILDING FOOTINGS, FOUNDATIONS, AND/OR SUBSURFACE
STRUCTURES PRECLUDE. IN SUCH CASE, THE FOOTINGS, FOUNDATIONS, AND/OR SUBSURFACE
STRUCTURES WILL BECOME THE BOUNDARY OF THIS EASEMENT.
1. Purpose. PSE shall have the right to use the Easement Area to construct, operate, maintain, repair,
replace, improve, remove, upgrade and extend one or more utility systems for purposes of transmission, distribution
and sale of electricity. Such systems may include, but are not limited to:
PSE UG Electric Easement
RW-135753 / WO #101173311 / Not. #12024233
Page 1 of 3
`V,
Underground facilities. Conduits, lines, cables, vaults, switches and transformers for electricity; fiber optic
cable and other lines, cables and facilities for communications; semi -buried or ground -mounted facilities and
pads, manholes, meters, fixtures, attachments and any and all other facilities or appurtenances necessary or
convenient to any or all of the foregoing.
Following the initial construction of all or a portion of its systems, PSE may, from time to time, construct such
additional facilities as it may require for such systems.
2. Access. PSE shall have a reasonable right of access to the Easement Area over and across the Property
to enable PSE to exercise its rights granted in this easement.
3. Easement Area Clearing and Maintenance. PSE shall have the right to cut, remove and dispose of
any and all brush, trees or other vegetation in the Easement Area. PSE shall also have the right to control, on a
continuing basis and by any prudent and reasonable means, the establishment and growth of brush, trees or other
vegetation in the Easement Area.
4. Restoration. Following the initial installation, repair or extension of its facilities, PSE shall, to the extent
reasonably practicable, restore landscaping and surfaces and portions of the Property affected by PSE's work to the
condition existing immediately prior to such work. PSE shall use good faith efforts to perform its restoration obligations
under this paragraph as soon as reasonably possible after the completion of PSE's work.
5. Owner's Use of Easement Area. Owner reserves the right to use the Easement Area for any purpose
not inconsistent with the rights herein granted, provided, however, Owner shall not perform the following activities
without PSE's prior written consent: (1) excavate within or otherwise change the grade of the Easement Area; (2)
construct or maintain any buildings, structures or other objects on the Easement Area; and/or (3) conduct any blasting
within 300 feet of PSE's facilities.
6. Indemnity. PSE agrees to indemnify Owner from and against liability incurred by Owner as a result of
PSE's negligence, or the negligence of PSE's employees, agents or contractors in the exercise of the rights herein
granted to PSE, but nothing herein shall require PSE to indemnify Owner for that portion of any such liability attributable
to the negligence of Owner, its employees, agents or contractors or the negligence of third parties.
7. Attorneys' Fees. The prevailing party in any lawsuit brought to enforce or interpret the terms of this
Easement shall be entitled to recover its reasonable attorneys' fees and costs incurred in said suit, including on appeal.
8. Successors and Assigns. This Easement is binding upon and will inure to the benefit of the successors
and permitted assigns of the parties. PSE may not assign or otherwise transfer any of its rights, obligations or interest
under this Easement without the prior written consent of Owner, which consent may not be unreasonably withheld.
Notwithstanding the foregoing, PSE may assign this Easement to an affiliate or in connection with a merger, acquisition,
corporate reorganization, sale of assets or other change in control.
9. Complete Agreement; Amendment; Counterparts. This Easement contains the entire agreement of the
parties with respect to this subject matter and supersedes all prior writings or discussions relating to the Easement.
This Easement may not be amended except by a written document executed by the authorized representatives of
Owner and PSE. This Easement may be executed in counterparts, each of which shall be treated as an original for all
purposes and all executed counterparts shall constitute one agreement.
10. Warranty and Representation of Authority. The parties each represent to the other that the person or
persons executing this Easement have authority to do so and to bind the parties hereunder. All consents, permissions
and approvals related to this Easement, and the obligations hereunder, have been obtained. Owner further warrants
to PSE that it has the necessary right, title and interests in the Property to grant the easement rights set forth herein.
11. Severability. Invalidation of any of the provisions contained in this Easement, or of the application thereof
to any person, by judgment or court order, shall in no way affect any of the other provisions thereof or the application
thereof to any other person and the same shall remain in full force and effect. If a provision is found to be unenforceable
or invalid, that provision shall be modified or partially enforced to the maximum extent permitted by law to effectuate
the purpose of this agreement.
PSE UG Electric Easement
RW-135753 / WO #101173311 / Not. #12024233
Page 2of3
13
12. Non -Waiver. The failure of any party to insist upon strict performance of any of the terms, covenants or
conditions hereof shall not be deemed a waiver of any rights or remedies which that party may have hereunder or at
law or equity and shall not be deemed a waiver of any subsequent breach or default in any of such terms, covenants
or conditions.
DATED this day of , 20
OWNER: CITY OF PORT ORCHARD, a Washington municipal corporation
By:
(name)
Its:
(title)
STATE OF WASHINGTON )
) SS
COUNTY OF )
On this day of , 20 , before me, the undersigned, a Notary Public
in and for the State of Washington, duly commissioned and sworn, personally appeared
to me known to be the person(s) who signed
as of CITY OF PORT ORCHARD, a Washington
municipal corporation , the corporation that executed the within and foregoing instrument, and acknowledged said
instrument to be his/her/their free and voluntary act and deed and the free and voluntary act and deed of said
corporation for the uses and purposes therein mentioned; and on oath stated that he/she/they are authorized to execute
the said instrument on behalf of said corporation.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written.
(Signature of Notary)
(Print or stamp name of Notary)
NOTARY PUBLIC in and for the State of Washington, residing
at
My Appointment Expires:
Notary seal, text and all notations must be inside 1" margins
PSE UG Electric Easement
RW-135753 / WO #101173311 / Not. #12024233
Page 3 of 3
14
RESOLUTION NO.
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE AN EASEMENT BENEFITTING PUGET SOUND ENERGY
FOR THE CITY HALL IMPROVEMENT PROJECT
WHEREAS, the City Hall Improvement Project (the "Project") has been identified as a
priority task for the City; and
WHEREAS, on June 13, 2023, pursuant to the City's Procurement Policies and
Procedures, as amended, at Section 5 Bid Procedures, the City selected Lincoln Construction,
Inc. for construction of the Project, and the City Council approved a contract for that work; and
WHEREAS, the Project requires the removal of the Puget Sound Energy (PSE) existing 3
phase overhead transformer and installation of an overhead to underground primary line
extension to meet the power requirements of the Project; and
WHEREAS, the City Council authorized a Commercial Electric Facilities Contract for the
necessary work by PSE to design and construct the required electrical improvements; and
WHEREAS, the Project and Contract with PSE require the City to grant an easement to
PSE to effectuate the work; and
WHEREAS, the City Council finds it is in the best interests of the City in order to facilitate
the Project to grant an easement to PSE across the City's property for the installation and
maintenance of the necessary utilities; Now, Therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above
are hereby adopted and incorporated as findings in support of this Resolution.
THAT: The City Council authorizes the Mayor or designee to execute an easement in a
form that is acceptable to the City Attorney for Puget Sound Energy for the City Hall
improvement Project. The Mayor is authorized to take all actions necessary consistent with this
authorization to effectuate this approval.
THAT: The Resolution shall take full force and effect upon passage and signatures
hereon.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and
attested by the City Clerk in authentication of such passage on this 8th day of October, 2024.
15
Robert Putaansuu, Mayor
ATTEST:
Brandy Wallace, City Clerk, MMC
HEV
DqM City of Port Orchard
ORCHARD216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Consent Agenda: Adoption of a Resolution Authorizing the Purchase of Base Stations, Antennas and
First Year Software for Radio Read Meters from Ferguson Waterworks (Ryan)
Meeting Date: October 8, 2024
Prepared By: Heidi Draper, PW Procurement Specialist
Presenter: Denis Ryan, CPWP-M, CPRP, Public Works Director
Summary and Background: The Public Works and Finance Departments have jointly identified the
need to upgrade the water metering system and associated parts to provide more efficient and
accurate water measurement service to homes located within the City. The City of Port Orchard is
embarking on an exciting new project to enhance its water utility services by purchasing Sensus
equipment for Base Stations and antennas and a software program. This initiative is part of the City's
broader plan to implement Advanced Metering Infrastructure (AMI) radio read meters, which will
revolutionize how water usage data is collected and managed. Following a study, two strategic sites
were identified for the installation of these base stations and antennas. These locations were chosen
to ensure optimal radio coverage across the city, enabling seamless communication between the
meters and the central system. The primary motivation behind this investment is to improve
operational efficiency and customer service. Once the Sensus Base Stations and antennas are installed,
City staff will be able to remotely collect meter information. This means no more manual meter
readings, which are time-consuming and prone to human error. Instead, data will be transmitted
automatically and accurately, providing real-time insights into water usage.
This advanced system will offer several benefits:
1. Enhanced Accuracy: Automated readings will eliminate the discrepancies often found in manual
readings, ensuring customers are billed accurately for their water usage.
2. Operational Efficiency: Remote data collection will free up City staff to focus on other critical tasks,
improving overall productivity.
3. Customer Convenience: With real-time data, customers can monitor their water usage more
closely, helping them to manage their consumption and potentially reduce their bills.
4. Environmental Impact: By optimizing water usage and detecting leaks more quickly, the City can
contribute to water conservation efforts.
5. In summary, the purchase of Sensus Base Stations and antennas is a forward -thinking move by the
City of Port Orchard. It reflects a commitment to leveraging technology to provide better services,
enhance operational efficiency, and support sustainable water management practices.
City staff completed the Sole Source procurement process for this purchase. In accordance with State
of Washington regulations (RCW 39.04.280), City of Port Orchard must procure material, equipment,
supplies and services by competitive means when the purchase is in excess of $7,500. However, in
unusual circumstances the competitive process may be waived and sole source purchasing approved.
liF
The City must purchase new equipment that is compatible with our existing Sensus products. Ferguson
Waterworks is the only Sensus full line Water Distributor for the states of Washington, Oregon and
Idaho.
Public Works Department staff requested, and on September 16, 2024 received, a quote from
Ferguson Waterworks for base stations and software, which includes installation, training and 1st year
software support, in the amount of $148,666.30 (applicable tax included). In accordance with the
City's procurement policies adopted by Resolution No. 073-23, Public Works staff completed the Sole
Source Vendor Statement. The City's Procurement Policy requires Council approval for purchases in
excess of $35,000.00.
Relationship to Comprenhensive Plan: Chapter 7 - Utilities -Water
Recommendation:
Staff recommends that the City Council adopt a Resolution authorizing the purchase of base stations
and software, for radio read meters, from Ferguson Waterworks for a total purchase price of
$148,666.30 (applicable tax included)
Motion for Consideration:
I move to adopt a Resolution authorizing the purchase of base stations, antennas, and software for
radio read meters from Ferguson Waterworks.
Has item been presented to Committee/Work Study? If so, which one: N/A
Fiscal Impact: This purchase is budgeted in the 2023-2024 Budget in GL Code 411.05.534.20.30
Alternatives: Do not approve and provide further guidance.
Attachments:
B020798 PORT ORCHARD.pdf
Sol eSourceVendorStatementForm-FERG USON. pdf
Resolution_-Ferguson_Wtrwks-Radios_1_F.doc
18
Z FERGUSON° 12522 CANYON RD. E3156
WATERWORKS PUYALLUP, WA 98373-6022
11:34:51 SEP 17 2024
Phone: 253-538-8275
Fax: 253-531-9909
,er To:
I: Jeremiah Spencer
jeremy.spencerl@ferguson.com
ments:
Page 1 of 2
FERGUSON WATERWORKS #3156
Price Quotation
Phone: 253-538-8275
Fax: 253-531-9909
Bid No:
B020798
Cust Phone:
360-876-4407
Bid Date:
09/16/24
Terms:
NET 10TH PROX
Quoted By:
JES
Customer:
CITY OF PORT ORCHARD
Ship To:
CITY OF PORT ORCHARD
METER ACCOUNT
METER ACCOUNT
216 PROSPECT ST
216 PROSPECT ST
PORT ORCHARD, WA 98366
PORT ORCHARD, WA 98366
Cust PO#:
SENSUS FLEXNET
Job Name:
BASESTATION INSTAL
Item
Description
SIX SIXTY RES
SM400B
M400132 BSE STN UNIT
SP-ADDMOBILIZATION
ADDITIONAL MOBILIZATION
BACK HAUL MODEM
MORTIN 80 RES
SM400B
M40062 BSE STN UNIT
SP-ADDMOBILIZATION
ADDITIONAL MOBILIZATION
BACK HAUL MODEM
SENSUS ANALYTICS SOFTWARE
& TRAINING
S5396383700053
SAAS TRN RNI CORE LOGIC
YEAR-1
S5396383700108
SAAS INST & CONFIG LOGIC
(ONE TIME)
SP-SEDVARCERT
SENSUS ED VAR CERT
SP-PROMGMT
SENSUS PROJECT MANAGEMENT (MTH)
Quantity Net Price UM Total
1 43246.490 EA 43246.49
1 1750.000 EA 1750.00
1 43246.490 EA 43246.49
1 1750.000 EA 1750.00
1 17842.520
EA
17842.52
1 19731.250
EA
19731.25
1 4200.000
EA
4200.00
1 4250.000
EA
4250.00
Net Total: $136016.75
Tax: $12649.55
Freight: $0.00
Total: $148666.30
HOW ARE WE DOING? WE WANT YOUR FEEDBACK!
Scan the QR code or use the link below to
complete a survey about your bids:
0 https://survey.medallia.com/?bidsorder&fc=1604&on=987
19
♦v FERGUSON° FERGUSON WATERWORKS #3156
Page 2 of 2
WATERWORKS Price Quotation
Fax: 253-531-9909
11:34:51 SEP 17 2024
Reference No: B020798
Quoted prices are based upon receipt of the total quantity for immediate shipment (48 hours). SHIPMENTS BEYOND 48 HOURS SHALL BE
AT THE PRICE IN EFFECT AT TIME OF SHIPMENT UNLESS NOTED OTHERWISE. QUOTES FOR PRODUCTS SHIPPED FOR RESALE
ARE NOT FIRM UNLESS NOTED OTHERWISE.
CONTRACTOR CUSTOMERS: IF YOU HAVE DBE/MBE/WBE//VBE/SDVBE/SBE GOOD FAITH EFFORTS DIVERSITY GOALS/ REQUIREMENTS ON A
FEDERAL, STATE, LOCAL GOVERNMENT, PRIVATE SECTOR PROJECT, PLEASE CONTACT YOUR BRANCH SALES REPRESENATIVE
IMMEDIATELY PRIOR TO RECEIVING A QUOTE/ORDER.
Seller not responsible for delays, lack of product or increase of pricing due to causes beyond our control, and/or based upon
Local, State and Federal laws governing type of products that can be sold or put into commerce. This Quote is offered contingent upon the
Buyer's acceptance of Seller's terms and conditions, which are incorporated by reference and found either following this document, or
on the web at https://www.ferguson.com/content/website-info/terms-of-sale
Govt Buyers: All items are open market unless noted otherwise.
HOW ARE WE DOING? WE WANT YOUR FEEDBACK!
Scan the QR code or use the link below to
F complete a survey about your bids:
p https://survey.medallia.com/?bidsorder&fc=1604&on=987
20
CITY OF PORT ORCHARD
SOLE SOURCE VENDOR STATEMENT
Date:
To: City Clerk's Office to file with contract
From: Public Works Department — Denis Ryan, Public Works Director
To Whom It May Concern:
This form justifies the proposed sole source purchase described below. In accordance with State of
Washington regulations (RCW 39.04.280), City of Port Orchard must procure material, equipment,
supplies and services by competitive means when the purchase is in excess of $7,500. However, in
unusual circumstances the competitive process may be waived and sole source purchasing approved,
provided the requesting party can adequately justify its use.
Sole source purchases are defined as clearly and legitimately limited to a single supplier. Sole source
purchases are normally not allowed except when based upon strong technological grounds such as
operational compatibility with existing equipment and related parts or upon a clearly unique and
cost effective feature requirement. The use of sole source purchases shall be limited only to those
specific instances which are totally justified to satisfy compatibility or technical performance needs.
If one of the reasons 1 through 3 below applies to this purchase, you need only to check the
applicable reason and describe item being purchased below. If reason 4 apply, please provide the
item description and explanation below.
1. [X ] Licensed, copyrighted, or patented products or services that only one vendor provides.
2. [X ] New equipment or products that must be compatible with existing equipment or products.
3. [X ] Proprietary or custom-built software or information systems that only one vendor provides.
4. [ ] Products or services where only one vendor meets the required certifications or statutory requirements.
Item Description:
FERGUSON WATERWORKS - Sensus Water meters (SRII & iPerl) and related equipment/software and training (if
applicable), base station/electronics.
If explanations 4 is used, please provide an explanation below. Explain why the identified vendor is
recommended:
Signed Department Directo or Designee
21
RESOLUTION NO.
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON,
APPROVING THE SOLE SOURCE PURCHASE OF BASE STATIONS AND
FIRST YEAR SOFTWARE FOR RADIO READ METERS FROM FERGUSON
WATERWORKS AND DOCUMENTING PROCUREMENT PROCEDURES.
WHEREAS, the Public Works and Finance Departments identified the need to upgrade the water
metering system and associated parts to provide more efficient and accurate water measurement
service to customers located within the City; and
WHEREAS, to accomplish that upgrade, the City of Port Orchard is enhancing its water
utility services by purchasing Sensus Base Stations, antennas and a software program; and
WHEREAS, purchasing these items are an integral part of the City's broader plan to
implement Advanced Metering Infrastructure (AMI) radio read meters, which will revolutionize
the efficacy of how water usage data is collected and managed; and
WHEREAS, this upgrade will improve operational efficiency and customer service and
will allow City staff to remotely collect meter information; and
WHEREAS, pursuant to RCW 39.04.280 and the City's Procurement Policies, the City
must procure material, equipment, supplies and services by competitive means when the
purchase is in excess of $7,500, unless there is an exemption such as special market conditions
or the purchase is clearly and legitimately limited to a single supplier; and
WHEREAS, in order to meet the City's compatibility requirements and technological
specifications, the City must purchase new water meters and associated equipment that is
compatible with our existing SENSUS products; and
WHEREAS, Ferguson Waterworks is the only Sensus full line Water Distributor for the
states of Washington, Oregon, and Idaho; and
WHEREAS, on September 16, 2024, the City received a quote from Ferguson Waterworks for
the purchase of the base stations, antennas and software, including installation, training and
first year software support, in the amount of $148,666.30 (applicable tax included); and
WHEREAS, in accordance with the City's procurement policies adopted by Resolution
No. 073-23, Public Works staff completed the Sole Source Vendor Statement to confirm
Ferguson Waterworks was clearly and legitimately the single supplier of these items and met
the requirements for a sole source purchase; and
0+
Resolution No.
Page 2 of 2
WHEREAS, the City Council has approved procurement policies which require City Council
authorization for purchasing items that exceed $35,000; and
WHEREAS, the Ferguson Waterworks quote attached as Exhibit A is for the purchase of base
stations, antennas and software in an amount that exceeds the $35,000 authorization limit; and
WHEREAS, the Port Orchard City Council finds, based on market conditions and compatibility
requirements for this project, that the procurement of this purchase is clearly and legitimately limited to
a single supplier; and
WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State Auditor's
Office, wishes to document their selection/procurement process as described herein for this purchase
by Resolution; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby
adopted and incorporated as findings in support of this Resolution.
THAT: The City Council approves the purchase of base stations, antennas and software from
Ferguson Waterworks in the amount of $148,666.30 (applicable tax included). The Mayor or his
designee is authorized to take all actions necessary to effectuate the purchase consistent with this
authorization.
THAT: The Resolution shall take full force and effect upon passage and signatures hereon.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by
the City Clerk in authentication of such passage on this 8th day of October 2024.
Robert Putaansuu, Mayor
ATTEST:
City Clerk, Brandy Wallace, MMC
23
DqM City of Port Orchard
ORCHARD 216 Prospect Street, Port Orchard, WA 98366
�. (360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Consent Agenda: Approval of an Interlocal Grant Agreement with the Washington State Traffic Safety
Commission (WTSC) for High -Visibility Safety Emphasis Patrols (M. Brown)
Meeting Date: October 8, 2024
Prepared By: Matt Brown, Police Chief
Presenter: Matt Brown, Police Chief
Summary and Background: This Interlocal Agreement continues our cooperative participation in the
Washington Traffic Safety Commission's Region 9 Target Zero Task Force. The Kitsap County Sheriff's
Office administratively manages the program and provides access to funding for regional traffic safety
campaigns and emphasis patrols. This ILA is a continuation of those previously signed.
Relationship to Comprenhensive Plan: N/A
Recommendation: I move to authorize the Mayor to sign the Interlocal Agreement between the City
and the Washington Traffic Safety Commission.
Motion for Consideration: I move to authorize the Mayor to sign the Interlocal Agreement between
the City and the Washington Traffic Safety Commission.
Has item been presented to Committee/Work Study? If so, which one: N/A
Fiscal Impact: The annual contribution of $2500 per participating agency is included in the 2025-2026
Biennial Budget. Participation in the ILA also provides agencies with access to additional funding for
traffic safety campaigns, equipment, and overtime reimbursement.
Alternatives: Decline to sign the ILA and provide additional guidance.
Attachments:
Region 9_L3 GRAF_FFY2025.pdf
Region 9_L3 HVE IAA_FFY2025.pdf
24
BWEMS
Grant Requirements Acknowledgment Form for High Visibility
Enforcement (HVE) Mobilizations
WEMS ID: 2025-HVE-5438-Region 9 Target Zero Task Force
Before beginning work on this grant project, the grantee Project Manager should thoroughly read and
understand the terms of the Inter -agency Agreement (IAA). This Grant Requirements Acknowledgment
Form provides an explanation of some key terms and highlights but is not comprehensive. If the
Project Manager has questions after reviewing this document, please refer to the WTSC Grants
Management Manual, or contact the WTSC Program Manager assigned to this grant.
When you, the grant Project Manager, agree to this document, you certify that you understand the
grant requirements and agree to fully comply with the terms and conditions set forth in the
Agreement/Contract, as well as additional federal requirements outlined in the Code of Federal
Regulations for Federal Grants and Agreements, as referenced below.
If anything in this document conflicts with the Agreement/Contract, the Agreement/Contract takes
precedence.
Before you begin work, you must have:
• A fully executed IAA or contract signed by both parties.
• Attested totheGrant Requirements Acknowledgment Form (this document).
Work cannot begin before the start date on the IAA, or before the IAA is signed by all parties. WTSC will only
reimburse expenses incurred after the IAA is fully executed.
Select Contract Provisions:
• Statement of Work: This summarizes the worktobedone forthisgrant. Ifthis changes significantly,
the grantee will need to request change in WEMS, and an IAAamendment maybe required.
• High Visibility Enforcement (HVE) Operational Requirements: The specific HVE requirements listed
in the Scope of Work are extremely important to the success of the high visibility enforcement strategy.
ALL of these requirements must be followed.
• WEMS Digital Activity Log: WTSC requires all agencies participating in high visibility enforcement
to use the WEMS system to document the activity of all participating officers. An officer cannot
participate if they do not have a WEMS account and do not input their activities into the WEMS
digital activity log.
• Officer Training Requirements: Any officer participating officer must document in WEMS that they
have current qualifications for BAC and SFST.
• Period of Performance: All work must be completed, and goods and services must be received, during
the period of performance on the IAA.
Page 1 of 2
25
• Compensation:
o Comp time is not an allowable expense for reimbursement on a high visibility enforcement (HVE)
campaign contract or other OT (Overtime) patrol projects. The funding for these types of projects
are for the actual activity of patrolling and comp time or any other type of leave will not be
reimbursed.
o All expenses must be incurred during the period of performance on the IAA.
o Expenses cannot exceed the total amount of the agreement and must fall within the amounts of
each budget category as listed in the IAA.
o Funds may be moved, with prior approval and within certain limits, between planned budget
categories. A formal request must be submitted to the Target Zero Manager.
• Advance Payments Prohibited: WTSC cannot pay for any costs prior to the work being completed or the
goods being delivered.
• Agreement Alterations and Amendments: If your agency wants to seek an exception to any of the HVE
operational requirements, you must submit an exception request to the WTSC's primary contact listed
in the in Interagency Agreement.
• Billing Procedure: Your agency is required to utilize the Digital Activity Log in the WEMS system,
supplied by the WTSC for all of your invoices. Your local TZM can give you training and support if you
need assistance using this system.
• Buy America Act: For any manufactured goods over $5,000, the grantee must provide written
certification that the goods, including IT software and hardware, were produced in the USA.
• Cost Principles: Grantee cannot use grant funds to replace routine and/or existing staff or
expenditures. Must comply with 2 CFR Part 200 Subpart E.
• Income: Any income generated with this grant must be accounted for and applied to project purposes
or used to reduce project costs.
• Lobbying/Political Activity: Because this grant uses federal funds, no work being funded by this grant
can be used to lobby or otherwise influence state or federal officials, or support or oppose legislation;
there is an allowance for "customary state practice."
• Records Maintenance: Maintain records pertaining to this agreement for 6 years after expiration
Other Requirements:
• Promotional Item Purchase Restrictions: No promotional items can be purchased with these
grant funds.
• Single Audit Requirements: Required of an entity that expends $750,000 or more annually of
federal funds, federal grants, or federal awards; usually performed annually.
By checking this box and typing your name below, you certify that you agree to fully comply with the terms
and conditions set forth in the Agreement, as well as the requirements listed in this document. Typing your
name below constitutes your electronic signature on this document.
I Agree
(Name, Agency, Title) (Date)
Page 2 of 2
26
WEMSM
INTERAGENCY AGREEMENT
BETWEEN THE
Washington Traffic Safety Commission
AND
THIS AGREEMENT is made and entered into by and between the Washington Traffic Safety Commission, hereinafter
referred to as "WTSC," and
hereinafter referred to as "SUB -RECIPIENT."
NOW THEREFORE, in consideration of the authority provided to WTSC in RCW 43.59 and RCW 39.34, terms, conditions,
covenants, and performance contained herein, or attached and incorporated and made a part hereof, the parties mutually
agree as follows:
1. PURPOSE OF THE AGREEMENT:
The purpose of this Agreement is to provide funding, provided by the United States Department of Transportation (USDOT)
National Highway Traffic Safety Administration (NHTSA) and allowed under the Assistance Listings Catalog of Federal
Domestic Assistance (CFDA) number 20.600 for traffic safety grant project 2025-HVE-5438-Region 9 Target Zero Task Force
specifically to provide funding for the law enforcement agencies in WTSC Region 9 to conduct straight time or overtime
enforcement activities (traffic safety emphasis patrols) as outlined in the Statement of Work (SOW), in support of Target Zero
priorities. The Target Zero Manager (TZM) and/or the Law Enforcement Liaison (LEL) shall coordinate the SOW with the
SUB -RECIPIENT with the goal of reducing traffic crashes.
Grant 2025-HVE-5438-Region 9 Target Zero Task Force
was awarded to the WTSC Region 9 to support collaborative
efforts to conduct HVE activities. By signing this agreement, the SUB -RECIPIENT can seek reimbursement for straight time
or overtime for approved law enforcement activity expenses incurred as a participant in the region's HVE grant.
2. PERIOD OF PERFORMANCE
The period of performance of this Agreement shall commence upon the date of execution by both parties, but not earlier than
October 1, 2024, and remain in effect until September 30, 2025 unless terminated sooner, as provided herein.
3. SCOPE OF WORK
3.1.1 Problem ID and/or Opportunity
The main causes of serious injury and fatality collisions on Washington's roadways are driver impairment through drug and/or
alcohol use, speeding, occupant restraint mis/nonuse, and distraction. Fatalities have increased almost 40 percent since
2019. Despite a very high seat belt use rate (greater than 90% for many years in a row), the number of unrestrained fatalities
page 1 of 16
27
and serious injuries have increased to the highest number since before 2010. Since 2019, unrestrained fatalities have
increased over 40 percent Motorcyclists also represent a high number of injured and killed because of unsafe and poorly
trained riders and the challenges vehicle drivers face in observing motorcycles on the road.
Washington has seen a drastic decrease in proactive enforcement of traffic laws. This decrease is due to a myriad of factors,
include the COVID-19 pandemic, political actions to update laws that reduce an officer's ability to stop drivers,
This project will fund locally coordinated enforcement mobilizations to address impaired driving, distracted driving, seat belt
safety, speeding, and motorcycle safety. Funding and events will be organized by local Target Zero Managers (TZMs) & the
statewide Law Enforcement Liaison networks and their local Target Zero Task Force. These patrols will also be coordinated
with the Washington State Patrol (WSP). Target Zero Managers will establish or strengthen relationships with key WSP
district personnel to improve interagency coordination.
3.1.2 Project Purpose and Strategies
This project will fund High Visibility Enforcement (HVE) and Traffic Safety Enforcement Program (TSEP) patrols to prevent
impaired driving, distracted driving, seat belt use, speeding, and motorcycle safety.
High Visibility Enforcement (HVE) and Traffic Safety Enforcement Program (TSEP) patrols are designed to create deterrence
by increasing the expectation of a citation/fine/arrest. Officers may also remove high risk (impaired) drivers when
encountered. So together, this countermeasure works by preventing dangerous driving behaviors and stopping those who still
decide to engage in those behaviors.
Funding and events will be organized by local TZMs, LELs, and their local Target Zero Task Force. Task forces will use local
data and professional judgement to determine enforcement priorities for their jurisdictions and will schedule and plan
enforcement and outreach activities. Regional participation in the following National Campaigns is mandatory:
• Impaired driving enforcement during the Holiday DUI campaign (December 2024).
• Distracted driving enforcement during the Distracted Driving campaign (April 2025)
• Seat belt enforcement during the Click It or Ticket campaign (May 2025).
• Impaired driving enforcement during the Summer DUI campaign (August 2025).
These patrols will also be coordinated with the Washington State Patrol (WSP). Target Zero Managers will establish or
strengthen relationships with key WSP district personnel to improve interagency coordination with the WSP.
3.1.3 Requirements for National Mobilizations and Traffic Safety Enforcement Program (TSEP)
1. HVE events will be data informed; based on crash data, anecdotal evidence, and the professional judgement of task
force members. WTSC strongly believes in the expertise of local officers to understand the highest priority areas in
their communities to focus their efforts.
2. The SUB -RECIPIENT will ensure that all officers participating in these patrols are BAC certified and have received
and passed the SFST refresher training.
3. SUB -RECIPIENT will ensure all officers participating in Impaired Driving patrols have also received Advanced
Roadside Impaired Driving Enforcement (ARIDE) training.
4. SUB -RECIPIENT shall ensure all participating personnel will use the WEMS system provided by the WTSC to record
all activities in digital activity logs conducted by their commissioned officers pursuant to the HVE events. Participating
officers will fill out all applicable fields of the digital activity log and use the comments field to provide details on
irregularities, challenges or other details that would help explain what was encountered during their shift. SUB -
RECIPIENT will also ensure all supervisors and fiscal staff have the ability to review and edit those activity logs.
page 2 of 16
28
5. Activity conducted outside of the quarterly task force operational plans will not be reimbursed.
3.1.4 Project Intent and Best Practice
1. SUB -RECIPIENT is encouraged to help their Region Task Force fulfill the requirement to participate in the four
mandatory National Campaigns. (Holiday DUI campaign in December 2024, Distracted Driving campaign in April 2025,
Click It or Ticket campaign in May 2025, and Summer DUI campaign in August 2025).
NOTE: Agencies must participate in speed or impaired driving enforcement under this agreement to be eligible to
receive funding under the WASPC equipment grant.
2. SUB -RECIPIENT is strongly encouraged to participate in their task force to plan and execute enforcement events.
3. Regional task force will be submitting quarterly operational plans and SUB -RECIPIENT is encouraged to participate to
the fullest extent possible. Quarterly operational plans are due October 15, December 15, March 15, and June 15.
4. WTSC encourages participating officers to prioritize violations that directly contribute to the injury and death of road
users, such as impaired driving, speeding, distracted driving, non -restraint, etc.
5. SUB -RECIPIENT should promote patrol events through all earned, owned and, if funded, paid media that is available
so that the public is made aware of the event before, during, and after the enforcement takes place. It is best practice
to translate messages as needed and invite local media involvement in the effort to reach communities in which HVE
will occur.
6. SUB -RECIPIENT should strive to actively enforce traffic safety laws focused on collision causing behaviors in priority
areas throughout the year outside of HVE events.
7. When participating in motorcycle patrols SUB -RECIPIENT should focus on the illegal and unsafe driving actions of all
motor vehicles interacting with motorcycles. This includes speeding, failure to yield to a motorcycle, following too
closely to a motorcycle, distracted driving, etc.
8. When participating in motorcycle patrols SUB -RECIPIENT should ensure that enforcement will focus on the illegal and
unsafe driving actions of motorcycles that are known to cause serious and fatal crashes. This includes impaired
driving, speeding, and following too closely.
9. Performance will be monitored by the regional TZM, LEL, and Task Force, as well as WTSC. WTSC reserves the right
to designate specific officers as ineligible for cost reimbursement. This will occur if an officer is determined to not have
not met the purpose/intent of this grant in multiple emphasis patrols.
10. Funds can be used to support the mentoring of officers in traffic enforcement. This can be focused on impaired
driving, or general traffic enforcement.
For DUI mentorship, WTSC has found it to be best practice to include a mix of instruction and practical experience.
The mentor should be a DRE when possible, or a highly effective DUI emphasis patrol officer with a minimum of
ARIDE training. Mentor/mentee activities will be pre -approved by the TZM or LEL after the mentee submits their
interest.
11. Community outreach/collaboration: Funds can be used to pay for traffic safety focused community outreach and
collaboration activities. The operational approach for regional community outreach and collaboration activities should
be developed at the Task Force level and be approved by the WTSC. WTSC recommends that these activities include
an opportunity for the audience to provide feedback on local traffic safety priorities and activities, which ideally will
influence the region's plan for traffic safety programming.
page 3 of 16
29
In order to receive funding from this grant, agencies must participate with the regional traffic safety task force/coalition
in the planning efforts for these activities.
WTSC also encourages all law enforcement agencies in Washington to utilize WTSC's data analysis resources, such
as interactive dashboards and data from a statewide attitudinal survey, as well their regional Target Zero Manager to
identify priorities for engaging with the community.
WTSC will provide tools for documenting community collaboration activities, such as the WEMS activity log.
3.1.5 NATIONAL AND STATE-WIDE MOBILIZATIONS
Not all agencies are required to participate in all of these, however the region has committed to participate as a region in all of
these. Dates are tentative and may change when NHTSA publishes their FFY2025 mobilization calendar.
Mobilization
Dates
Holiday DUI
December 14, 2024 — January 1, 2025
U Drive. U Text. U Pay.
April 7 — 14, 2025
Click It or Ticket
May 12 — June 1, 2025
It's a Fine Line (optional if funded)
July 7 — 20, 2025
DUI Drive Sober or Get Pulled Over
August 13 — September 1, 2025
3.2 PROJECT GOALS
Prevent traffic crashes to reduce traffic related deaths and serious injuries through active, visible, consistent, and targeted traffic
law enforcement, law enforcement training, and community outreach. Law enforcement can have a profound effect on traffic
safety and this project aims to increase participation to accomplish that.
3.3 COMPENSATION
3.3.1 The Compensation for the straight time or overtime work provided in accordance with this Agreement has been
established under the terms of RCW 39.34. The cost of accomplishing the work described in the SOW will not exceed
dollar total from amounts listed below. Payment for satisfactory performance shall not exceed this amount unless the
WTSC and SUB -RECIPIENT mutually agree to a higher amount in a written Amendment to this Agreement executed
by both the WTSC and SUB -RECIPIENT. Comp -time is not considered overtime and will not be approved for payment.
All law enforcement agencies who are active members of the Region's traffic safety task force with a fully executed
grant agreement are eligible to participate in this grant.
3.3.2 WTSC will reimburse for personnel straight time or overtime expenses at 150 percent of the officer's normal salary
rate plus SUB-RECIPIENT's contributions to employee benefits, limited to the following:
• FICA
• Medicare
• Any portion of L&I that is paid by the employer (SUB -RECIPIENT)
• Retirement contributions paid by the employer (SUB -RECIPIENT) can be included if the contribution is based
on a percentage of their hours worked.
Health insurance, or any other benefits not listed above, are not eligible for reimbursement.
The SUB -RECIPIENT will provide law enforcement officers with appropriate equipment (e.g., vehicles, radars, portable
breath testers, etc.) to participate in the emphasis patrols.
3.3.3 Funding alterations are permitted as follows: Upon agreement by the regional TZM and all other parties impacted by a
proposed budget alteration, the budget category amounts may be increased or decreased without amending this
page 4 of 16
30
agreement, so long as the total grant award amount does not increase. HVE grant funds should be managed
collaboratively by the SUB -RECIPIENT and the TZM.
These alterations must be requested through email communication between the regional TZM and assigned WTSC
Program Manager. This communication shall include details of the requested budget modifications and a description
of why these changes are needed. The TZM will also send an updated quarterly Operations Plan to the WASPC
representative monitoring the project if the budget modification will result in changes to the previously submitted plan.
3.3.4 These funds, designated for salaries and benefits, are intended to pay for the hourly straight time or overtime costs
and proportional amounts of fringe benefits of commissioned staff pursuing the activities described in the statement of
work. These funds may not be used for any other purpose for example any work required to maintain a law
enforcement commission including recertification trainings like firearm qualification. This agreement is expressly
designated to fund salaries and benefits. By signing this agreement, SUB -RECIPIENT agrees to supply all necessary
equipment and vehicles needed to accomplish the work in the scope of work. WTSC is not responsible for any
equipment that is lost, stolen, or destroyed in the execution of the scope of work.
3.3.5 Dispatch: WTSC will reimburse communications officers/dispatch personnel for work on this project providing SUB -
RECIPIENT has received prior approval from their region's TZM. This activity must be overtime and only the expenses
listed in section 3.2 and its subsections will be reimbursed.
3.3.6 Transport Officers: WTSC will reimburse transport officers for their work on this project providing SUB -RECIPIENT
has received approval from their regions TZM. The TZM will work with the regional LEL to determine if need is
warranted for the type of HVE activity. This activity must be overtime and only the expenses listed in section 3.2 and
its subsections will be reimbursed.
3.3.7 The law enforcement agency involved will not schedule individual officer overtime shifts for longer than eight hours.
WTSC understands there may be instances when more than eight hours are billed due to DUI processing or other
reasons and an explanation should be provided on the WEMS Officer Activity Log.
3.3.8 The law enforcement agency involved will ensure that any reserve officer for whom reimbursement is claimed has
exceeded his/her normal weekly working hours when participating in an emphasis patrol and is authorized to be paid
at the amount requested. Reserve officers may only be paid at the normal hourly rate and not at the 150 percent
overtime rate.
3.4 PROJECT COSTS
The WTSC has awarded $
to the WTSC Region 9 Traffic Safety Task Force for the purpose of
conducting coordinated HVE enforcement and community outreach/collaboration activities. The funding must be used for
traffic safety purposes in the areas of impaired driving, distracted driving, occupant restraint use, speeding, and motorcycle
safety. See the project in WEMS for an updated distribution of funding by specific emphasis area.
By signing this agreement, the SUB -RECIPIENT can seek reimbursement for approved straight time or overtime expenses
incurred as a participant in this grant. Funds are expressly designated for staffing activities and may not be used for other
expenses that may be incurred, such as vehicle damage, supply replacement, etc. All activity must be coordinated by the
region's traffic safety task force and TZM to be eligible for reimbursement.
APPLICABLE STATE AND FEDERAL TERMS AND CONDITIONS:
4. ACTIVITY REPORTS
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The SUB -RECIPIENT agrees to have all personnel who work HVE patrols submit a WEMS Officer Activity Log within 24
hours of the end of all shifts worked. These same logs will be associated with invoices as detailed in the "BILLING
PROCEDURE" section. Use of the Officer Activity Log in the WTSC's online grant management system, WEMS, is required.
Supervisor review and accuracy certification will also be done in WEMS.
5. ADVANCE PAYMENTS PROHIBITED
No payments in advance of or in anticipation of goods or services to be provided under this Agreement shall be made by the
WTSC.
6. AGREEMENT ALTERATIONS AND AMENDMENTS
This Agreement may be amended by mutual agreement of the Parties in the form of a written request to amend this
Agreement. Such amendments shall only be binding if they are in writing and signed by personnel authorized to bind each of
the Parties. Changes to the budget, SUB -RECIPIENT'S Primary Contact, and WTSC Program Manager can be made through
email communication and signatures are not required.
7. ALL WRITINGS CONTAINED HEREIN
This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise,
regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto.
8. ASSIGNMENT
The SUB -RECIPIENT may not assign the work to be provided under this Agreement, in whole or in part, without the express
prior written consent of the WTSC, which consent shall not be unreasonably withheld. The SUB -RECIPIENT shall provide the
WTSC a copy of all third -party contracts and agreements entered into for purposes of fulfilling the SOW. Such third -party
contracts and agreements must follow applicable federal, state, and local law, including but not limited to procurement law,
rules, and procedures. If any of the funds provided under this Agreement include funds from NHTSA, such third -party
contracts and agreements must include the federal provisions set forth in this Agreement in sections 32 through 40.
9. ATTORNEYS' FEES
In the event of litigation or other action brought to enforce the Agreement terms, each party agrees to bear its own attorney
fees and costs.
10. BILLING PROCEDURE
All invoices for reimbursement of HVE activities will be done using the WTSC's grant management system, WEMS. WEMS
Officer Activity logs will be attached to invoices, directly linking the cost of the activity to the invoice. Because the activity,
approval, and invoicing are all done within WEMS, no back up documentation is required in most cases.
Once submitted by the SUB -RECIPIENT, invoices are routed to the regional TZM for review and approval. The TZM will
submit all approved invoices to the WTSC via WEMS within 10 days of receipt.
Payment to the SUB -RECIPIENT for approved and completed work will be made by warrant or account transfer by WTSC
within 30 days of receipt of such properly documented invoices acceptable to WTSC. Upon expiration of the Agreement, any
claim for payment not already made shall be submitted within 45 days after the expiration date of this Agreement. All invoices
for goods received or services performed on or prior to June 30, 2025, must be received by WTSC no later than August
10, 2025. All invoices for goods received or services performed between July 1, 2024 and September 30, 2025, must be
received by WTSC no later than November 15, 2025.
11. CONFIDENTIALITY / SAFEGUARDING OF INFORMATION
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The SUB -RECIPIENT shall not use or disclose any information concerning the WTSC, or information which may be classified
as confidential, for any purpose not directly connected with the administration of this Agreement, except with prior written
consent of the WTSC, or as may be required by law.
12. COST PRINCIPLES
Costs incurred under this Agreement shall adhere to provisions of 2 CFR Part 200 Subpart E.
13. COVENANT AGAINST CONTINGENT FEES
The SUB -RECIPIENT warrants that it has not paid, and agrees not to pay, any bonus, commission, brokerage, or contingent
fee to solicit or secure this Agreement or to obtain approval of any application for federal financial assistance for this
Agreement. The WTSC shall have the right, in the event of breach of this section by the SUB -RECIPIENT, to annul this
Agreement without liability.
14. DISPUTES
14.1. Disputes arising in the performance of this Agreement, which are not resolved by agreement of the parties, shall be
decided in writing by the WTSC Deputy Director or designee. This decision shall be final and conclusive, unless within 10 days
from the date of the SUB-RECIPIENT's receipt of WTSC's written decision, the SUB -RECIPIENT furnishes a written appeal to
the WTSC Director. The SUB-RECIPIENT's appeal shall be decided in writing by the Director or designee within 30 days of
receipt of the appeal by the Director. The decision shall be binding upon the SUB -RECIPIENT and the SUB -RECIPIENT shall
abide by the decision.
14.2. Performance During Dispute. Unless otherwise directed by WTSC, the SUB -RECIPIENT shall continue performance
under this Agreement while matters in dispute are being resolved.
14.3 In the event that either Party deems it necessary to institute legal action or proceedings to enforce any right or obligation
under this Agreement, the Parties hereto agree that any such action or proceedings shall be brought in the superior court
situated in Thurston County, Washington.
15. GOVERNANCE
15.1. This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington
and any applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws.
15.2. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or
rule, the inconsistency shall be resolved by giving precedence in the following order:
15.2.1.Applicable federal and state statutes and rules
15.2.2.Terms and Conditions of this Agreement
15.2.3.Any Amendment executed under this Agreement
15.2.4.Any SOW executed under this Agreement
15.2.5.Any other provisions of the Agreement, including materials incorporated by reference
16. INCOME
Any income earned by the SUB -RECIPIENT from the conduct of the SOW (e.g., sale of publications, registration fees, or
service charges) must be accounted for, reported to WTSC, and that income must be applied to project purposes or used to
reduce project costs.
17. INDEMNIFICATION
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17.1. To the fullest extent permitted by law, the SUB -RECIPIENT shall indemnify and hold harmless the WTSC, its officers,
employees, and agents, and process and defend at its own expense any and all claims, demands, suits at law or equity,
actions, penalties, losses, damages, or costs of whatsoever kind ("claims") brought against WTSC arising out of or in
connection with this Agreement and/or the SUB-RECIPIENT's performance or failure to perform any aspect of the Agreement.
This indemnity provision applies to all claims against WTSC, its officers, employees, and agents arising out of, in connection
with, or incident to the acts or omissions of the SUB -RECIPIENT, its officers, employees, agents, contractors, and
subcontractors. Provided, however, that nothing herein shall require the SUB -RECIPIENT to indemnify and hold harmless or
defend the WTSC, its agents, employees, or officers to the extent that claims are caused by the negligent acts or omissions of
the WTSC, its officers, employees or agents; and provided further that if such claims result from the concurrent negligence of
(a) the SUB -RECIPIENT, its officers, employees, agents, contractors, or subcontractors, and (b) the WTSC, its officers,
employees, or agents, or involves those actions covered by RCW 4.24.115, the indemnity provisions provided herein shall be
valid and enforceable only to the extent of the negligence of the SUB- RECIPIENT, its officers, employees, agents,
contractors, or subcontractors.
17.2. The SUB -RECIPIENT agrees that its obligations under this Section extend to any claim, demand and/or cause of action
brought by, or on behalf of, any of its employees or agents in the performance of this agreement. For this purpose, the SUB -
RECIPIENT, by mutual negotiation, hereby waives with respect to WTSC only, any immunity that would otherwise be
available to it against such claims under the Industrial Insurance provisions chapter 51.12 RCW.
17.3. The indemnification and hold harmless provision shall survive termination of this Agreement.
18. INDEPENDENT CAPACITY
The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be
employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party.
19. INSURANCE COVERAGE
19.1. The SUB -RECIPIENT shall comply with the provisions of Title 51 RCW, Industrial Insurance, if required by law.
19.2. If the SUB -RECIPIENT is not required to maintain insurance in accordance with Title 51 RCW, prior to the start of any
performance of work under this Agreement, the SUB -RECIPIENT shall provide WTSC with proof of insurance coverage (e.g.,
vehicle liability insurance, private property liability insurance, or commercial property liability insurance), as determined
appropriate by WTSC, which protects the SUB -RECIPIENT and WTSC from risks associated with executing the SOW
associated with this Agreement.
20. LICENSING, ACCREDITATION, AND REGISTRATION
The SUB -RECIPIENT shall comply with all applicable local, state, and federal licensing, accreditation, and registration
requirements and standards necessary for the performance of this Agreement. The SUB -RECIPIENT shall complete
registration with the Washington State Department of Revenue, if required, and be responsible for payment of all taxes due
on payments made under this Agreement.
21. RECORDS MAINTENANCE
21.1. During the term of this Agreement and for six years thereafter, the SUB -RECIPIENT shall maintain books, records,
documents, and other evidence that sufficiently and properly reflect all direct and indirect costs expended in the performance
of the services described herein. These records shall be subject to inspection, review, or audit by authorized personnel of the
WTSC, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents, and other
material relevant to this Agreement will be retained for six years after expiration. The Office of the State Auditor, federal
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auditors, the WTSC, and any duly authorized representatives shall have full access and the right to examine any of these
materials during this period.
21.2. Records and other documents, in any medium, furnished by one party to this Agreement to the other party, will remain
the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available this
material to any third parties without first giving notice to the furnishing party and giving them a reasonable opportunity to
respond. Each party will utilize reasonable security procedures and protections to assure that records and documents
provided by the other party are not erroneously disclosed to third parties.
22. RIGHT OF INSPECTION
The SUB -RECIPIENT shall provide right of access to its facilities to the WTSC or any of its officers, or to any other authorized
agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate
performance, compliance, and/or quality assurance under this Agreement. The SUB -RECIPIENT shall make available
information necessary for WTSC to comply with the right to access, amend, and receive an accounting of disclosures of their
Personal Information according to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or any regulations
enacted or revised pursuant to the HIPAA provisions and applicable provisions of Washington State law. The SUB -
RECIPIENT shall upon request make available to the WTSC and the United States Secretary of the Department of Health
and Human Services all internal policies and procedures, books, and records relating to the safeguarding, use, and disclosure
of Personal Information obtained or used as a result of this Agreement.
23. RIGHTS IN DATA
23.1. WTSC and SUB -RECIPIENT agree that all data and work products (collectively called "Work Product") pursuant to this
Agreement shall be considered works made for hire under the U.S. Copyright Act, 17 USC §101 et seq., and shall be owned
by the state of Washington. Work Product includes, but is not limited to, reports, documents, pamphlets, advertisement, books,
magazines, surveys, studies, computer programs, films, tapes, sound reproductions, designs, plans, diagrams, drawings,
software, and/or databases to the extent provided by law. Ownership includes the right to copyright, register the copyright,
distribute, prepare derivative works, publicly perform, publicly display, and the ability to otherwise use and transfer these rights.
23.2. If for any reason the Work Product would not be considered a work made for hire under applicable law, the SUB -
RECIPIENT assigns and transfers to WTSC the entire right, title, and interest in and to all rights in the Work Product and any
registrations and copyright applications relating thereto and any renewals and extensions thereof.
23.3. The SUB -RECIPIENT may publish, at its own expense, the results of project activities without prior review by the
WTSC, provided that any publications (written, visual, or sound) contain acknowledgment of the support provided by
NHTSA and the WTSC. Any discovery or invention derived from work performed under this project shall be referred to
the WTSC, who will determine through NHTSA whether patent protections will be sought, how any rights will be
administered, and other actions required to protect the public interest.
24. 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 Agreement and prior to completion of the SOW under this Agreement, the WTSC may terminate the Agreement under
the "TERMINATION FOR CONVENIENCE" clause, without the 30-day notice requirement. The Agreement is subject to
renegotiation at the WTSC's discretion under any new funding limitations or conditions.
25. SEVERABILITY
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If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such
invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such
remainder conforms to the requirements of applicable law and the fundamental purpose of this Agreement, and to this end
the provisions of this Agreement are declared to be severable.
26. SITE SECURITY
While on WTSC premises, the SUB -RECIPIENT, its agents, employees, or sub -contractors shall conform in all respects with
all WTSC physical, fire, or other security policies and applicable regulations.
27. TAXES
All payments of payroll taxes, unemployment contributions, any other taxes, insurance, or other such expenses for the SUB -
RECIPIENT or its staff shall be the sole responsibility of the SUB -RECIPIENT.
28. TERMINATION FOR CAUSE
If the SUB -RECIPIENT does not fulfill in a timely and proper manner its obligations under this Agreement or violates any of
these terms and conditions, the WTSC will give the SUB -RECIPIENT written notice of such failure or violation, and may
terminate this Agreement immediately. At the WTSC's discretion, the SUB -RECIPIENT may be given 15 days to correct the
violation or failure. In the event that the SUB -RECIPIENT is given the opportunity to correct the violation and the violation is
not corrected within the 15- day period, this Agreement may be terminated at the end of that period by written notice of the
WTSC.
29. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Agreement, either party may terminate this Agreement, without cause or reason, with 30
days written notice to the other party. If this Agreement is so terminated, the WTSC shall be liable only for payment required
under the terms of this Agreement for services rendered or goods delivered prior to the effective date of termination.
30. TREATMENT OF ASSETS
30.1. Title to all property furnished by the WTSC shall remain property of the WTSC. Title to all property furnished by the SUB -
RECIPIENT for the cost of which the SUB -RECIPIENT is entitled to be reimbursed as a direct item of cost under this
Agreement shall pass to and vest in the WTSC upon delivery of such property by the SUB -RECIPIENT. Title to other property,
the cost of which is reimbursable to the SUB -RECIPIENT under this Agreement, shall pass to and vest in the WTSC upon (i)
issuance for use of such property in the performance of this Agreement, or (ii) commencement of use of such property in the
performance of this Agreement, or (iii) reimbursement of the cost thereof by the WTSC in whole or in part, whichever first
occurs.
30.2. Any property of the WTSC furnished to the SUB -RECIPIENT shall, unless otherwise provided herein or approved
by the WTSC, be used only for the performance of this Agreement.
30.3. The SUB -RECIPIENT shall be responsible for any loss or damage to property of the WTSC which results from the
negligence of the SUB -RECIPIENT or which results from the failure on the part of the SUB -RECIPIENT to maintain and
administer that property in accordance with sound management practices.
30.4. If any WTSC property is lost, destroyed, or damaged, the SUB -RECIPIENT shall immediately notify the WTSC and
shall take all reasonable steps to protect the property from further damage.
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30.5. The SUB -RECIPIENT shall surrender to the WTSC all property of the WTSC upon completion, termination, or
cancellation of this Agreement.
30.6. All reference to the SUB -RECIPIENT under this clause shall also include SUB-RECIPIENT's employees, agents, or
sub- contractors.
31. WAIVER
A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of
such rights and shall not constitute a waiver of any other rights under this Agreement.
APPLICABLE CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS (23 CFR PART 1300 APPENDIX
A):
32. BUY AMERICA ACT
The SUB -RECIPIENT will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using federal
funds. Buy America requires the SUB -RECIPIENT to purchase only steel, iron, and manufactured products produced in the
United States, unless the Secretary of Transportation determines that such domestically produced items would be
inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that
inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use
federal funds to purchase foreign produced items, the WTSC must submit a waiver request that provides an adequate basis
and justification, and which is approved by the Secretary of Transportation.
33. DEBARMENT AND SUSPENSION
Instructions for Lower Tier Certification
33.1. By signing this Agreement, the SUB -RECIPIENT (hereinafter in this section referred to as the "lower tier
participant") is providing the certification set out below and agrees to comply with the requirements of 2 CFR part 180
and 23 CFR part 1200.
33.2. The certification in this section is a material representation of fact upon which reliance was placed when this transaction
was entered into. If it is later determined that the lower tier participant knowingly rendered an erroneous certification, in
addition to other remedies available to the federal government, the department or agency with which this transaction originated
may pursue available remedies, including suspension and/or debarment.
33.3. The lower tier participant shall provide immediate written notice to the WTSC if at any time the lower tier participant
learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
33.4. The terms covered transaction, civil judgement, debarment, suspension, ineligible, participant, person, principal, and
voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200.
33.5. The lower tier participant agrees by signing this Agreement that it shall not knowingly enter into any lower tier
covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred,
suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized
by WTSC.
33.6. The lower tier participant further agrees by signing this Agreement that it will include the clause titled "Instructions for
Lower Tier Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
- Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for
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lower tier covered transactions, and will require lower tier participants to comply with 2 CFR part 180 and 23 CFR part 1200.
33.7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered
transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is
responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered
transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each
participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/).
33.8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to
render in good faith the certification required by this clause. The knowledge and information of a participant is not required
to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
33.9. Except for transactions authorized under paragraph 33.5. of these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9,
subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other
remedies available to the Federal government, the department or agency with which this transaction originated may pursue
available remedies, including suspension or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions
33.10. The lower tier participant certifies, by signing this Agreement, that neither it nor its principals are presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any
federal department or agency.
33.11. Where the lower tier participant is unable to certify to any of the statements in this certification, such participant shall
attach an explanation to this Agreement.
34. THE DRUG -FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
34.1. The SUB -RECIPIENT shall:
34.1.1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of
a controlled substance is prohibited in the SUB-RECIPIENT's workplace, and shall specify the actions that will be taken
against employees for violation of such prohibition.
34.1.2. Establish a drug -free awareness program to inform employees about the dangers of drug abuse in the workplace; the
SUB- RECIPIENT's policy of maintaining a drug -free workplace; any available drug counseling, rehabilitation, and employee
assistance programs; and the penalties that may be imposed upon employees for drug violations occurring in the workplace.
34.1.3. Make it a requirement that each employee engaged in the performance of the grant be given a copy of the
statement required by paragraph 34.1.1. of this section.
34.1.4. Notify the employee in the statement required by paragraph 34.1.1. of this section that, as a condition of employment
under the grant, the employee will abide by the terms of the statement, notify the employer of any criminal drug statute
conviction for a violation occurring in the workplace no later than five days after such conviction, and notify the WTSC within
10 days after receiving notice from an employee or otherwise receiving actual notice of such conviction.
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34.1.5. Take one of the following actions within 30 days of receiving notice under paragraph 34.1.3. of this section, with
respect to any employee who is so convicted: take appropriate personnel action against such an employee, up to and
including termination, and/or require such employee to participate satisfactorily in a drug abuse assistance or rehabilitation
program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency.
34.1.6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of all of the
paragraphs above.
35. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA)
In accordance with FFATA, the SUB -RECIPIENT shall, upon request, provide WTSC the names and total compensation of
the five most highly compensated officers of the entity, if the entity in the preceding fiscal year received 80 percent or more of
its annual gross revenues in federal awards, received $25,000,000 or more in annual gross revenues from federal awards,
and if the public does not have access to information about the compensation of the senior executives of the entity through
periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 or section 6104 of the Internal
Revenue Code of 1986.
36. FEDERAL LOBBYING
36.1. The undersigned certifies, to the best of his or her knowledge and belief, that:
36.1.1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract,
the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative
agreement.
36.1.2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying, in accordance with its
instructions.
36.1.3. The undersigned shall require that the language of this certification be included in the award documents for all sub -
awards at all tiers (including sub -contracts, sub -grants, and contracts under grant, loans, and cooperative agreements), and
that all sub- recipients shall certify and disclose accordingly.
36.2. This certification is a material representation of fact upon which reliance was placed when this transaction was made
or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by
Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of
not less than $10,000 and not more than $100,000 for each such failure.
37. NONDISCRIMINATION (Title VI, 42 U.S.C. § 2000d et seq.)
37.1. During the performance of this Agreement, the SUB -RECIPIENT agrees:
37.1.1. To comply with all federal statutes and implementing regulations relating to nondiscrimination ("Federal
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Nondiscrimination Authorities"). These include but are not limited to:
37.1.1.1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252
37.1.1.2. 49 CFR part 21
37.1.1.3. 28 CFR section 50.3
37.1.1.4. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
37.1.1.5. Federal -Aid Highway Act of 1973, (23 U.S.C. 324 et seq.)
37.1.1.6. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.)
37.1.1.7. The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.)
37.1.1.8. The Civil Rights Restoration Act of 1987
37.1.1.9. Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189)
37.1.1.10. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income
Populations
37.1.1.11. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency
37.1.1.12. Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities through the Federal
Government
37.1.1.13. Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual
Orientation
37.1.2. Not to participate directly or indirectly in the discrimination prohibited by any federal non-discrimination law or
regulation, as set forth in Appendix B of 49 CFR Part 21 and herein.
37.1.3. To keep and permit access to its books, records, accounts, other sources of information, and its facilities as
required by the WTSC, USDOT, or NHTSA in a timely, complete, and accurate way. Additionally, the SUB -RECIPIENT
must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in
program guidance
37.1.4. That, in the event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this
contract/funding Agreement, the WTSC will have the right to impose such contract/agreement sanctions as it or NHTSA
determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient under the
contract/agreement until the contractor/funding recipient complies, and/or cancelling, terminating, or suspending a contract or
funding agreement, in whole or in part.
37.1.5. In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or
guidance, the SUB -RECIPIENT hereby gives assurance that it will promptly take any measures necessary to ensure that: "No
person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied
the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives
Federal financial assistance from DOT, including NHTSX.
37.1.6. To insert this clause, including all paragraphs, in every sub -contract and sub -agreement and in every solicitation for a
sub- contract or sub -agreement that receives federal funds under this program.
38. POLITICAL ACTIVITY (HATCH ACT)
The SUB -RECIPIENT will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limit the political activities of
employees whose principal employment activities are funded in whole or in part with federal funds.
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39. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE
The SUB -RECIPIENT will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create
checkpoints that specifically target motorcyclists. This Agreement does not include any aspects or elements of helmet usage
or checkpoints, and so fully complies with this requirement.
40. STATE LOBBYING
None of the funds under this Agreement will be used for any activity specifically designed to urge or influence a state or local
legislator to favor or oppose the adoption of any specific legislative proposal pending before any state or local legislative body.
Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not
preclude a state official whose salary is supported with NHTSA funds from engaging in direct communications with state or
local legislative officials, in accordance with customary state practice, even if such communications urge legislative officials
to favor or oppose the adoption of a specific pending legislative proposal.
41. CERTIFICATION ON CONFLICT OF INTEREST
41.1. No employee, officer or agent of the SUB -RECIPIENT who is authorized in an official capacity to negotiate, make, accept
or approve, or to take part in negotiating, making, accepting or approving any subaward, including contracts or subcontracts, in
connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a
financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or
her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or
personal interest in or a tangible personal benefit from an entity considered for a subaward.
41.2. Based on this policy:
41.2.1. The SUB -RECIPIENT shall maintain a written code or standards of conduct that provide for disciplinary actions to be
applied for violations of such standards by officers, employees, or agents. The code or standards shall provide that the SUB-
RECIPIENT's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from
present or potential sub-awardees, including contractors or parties to subcontracts and establish penalties, sanctions or other
disciplinary actions for violations, as permitted by State or local law or regulation.
41.2.2. The SUB -RECIPIENT shall maintain responsibility to enforce the requirements of the written code or standards of
conduct.
41.3. No SUB -RECIPIENT, including its officers, employees or agents, shall perform or continue to perform under a grant or
cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest,
financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by
NHTSA activities.
41.3.1. The SUB -RECIPIENT shall disclose any conflict of interest identified as soon as reasonably possible, making an
immediate and full disclosure in writing to WTSC. The disclosure shall include a description of the action which the recipient has
taken or proposes to take to avoid or mitigate such conflict.
42. DESIGNATED CONTACTS
The following named individuals will serve as designated contacts for each of the parties for all communications, notices, and
reimbursements regarding this Agreement:
page 15 of 16
41
The Contact for the SUB-
The Taraet Zero Manager for
RECIPIENT is:
Region 9 is:
The Contact for WTSC is:
Jerry Noviello
WTSC Program Manager
jnoviello@wtsc.wa.gov
360-725-9897
AUTHORITY TO SIGN
The undersigned acknowledge that they are authorized to execute this Agreement and bind their respective agencies or
entities to the obligations set forth herein.
IN WITNESS WHEREOF, the parties have executed this Agreement.
SUB -RECIPIENT:
Signature
Printed Name
Title
Date
WASHINGTON TRAFFIC SAFETY COMMISSION
Signature
Printed Name
Title
Date
page 16 of 16
42
DqM City of Port Orchard
ORCHARD 216 Prospect Street, Port Orchard, WA 98366
�. (360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Consent Agenda: Approval to Accept a Special Event Application and Waive the Submittal Timeline:
Holiday on the Bay, Formally Festival of Chimes and Lights (Wallace)
Meeting Date: October 8, 2024
Prepared By: Brandy Wallace, MMC, CPRO, City Clerk
Summary and Background: City staff received a Special Event application for a series of Holiday on the
Bay, to take place on Saturday, December 7, 2024. Since this application was received less than the
required 180 days it requires Council approval to allow staff to accept and process the application. The
application states the following:
EVENT: 2024 Holiday on the Bay
TYPE: Festival
DATE: Saturday, December 7, 2024
TIME: Setup starts at 2:30pm, open to public at 3:30pm until 8:00pm, cleanup to be completed by
8:30pm
LOCATION: Port of Bremerton Parking Lot, Water Street Boat Launch and Kitsap Bank Drive-Thru
located next to Orchard Avenue, and SR166/Bay Street
CLOSURE(S): SR166/Bay Street from Kitsap Street to Sidney Avenue, Frederick Avenue, Robert Geiger,
and Orchard Street
Staff and outside agencies will still need to review the application, including Washington State
Department of Transportation. Staff will work towards ensuring safety measures are in place.
Relationship to Comprenhensive Plan: N/A
Recommendation: Staff supports the application, upon the event meeting the required necessary
public safety and traffic control provisions.
Motion for Consideration: I move to approve the Holiday on the Bay, application be accepted and
processed by staff, as presented, and to waive POMC 5.94.030(3) for this event.
Has item been presented to Committee/Work Study? If so, which one: N/A
Fiscal Impact: None.
Alternatives: Not modify the time submittal requirement.
43
Attachments:
Holiday on the Bay Special Event Application 2024.pdf
44
ORCHARD
SPECIAL EVENT PERMIT APPLICATION
(PORT ORCHARD MUNICIPAL CODE 5.94 AND 5.96)
STANDARD PROCESSING FEE: $50.00
Event Information
Event Name:
Type of Event: ❑ Festival ❑ Walk/Run ❑ Parade ❑ Vendor Fair ❑ Concert
❑ Block Party ❑ Other:
Event or Organization Website:
Description of event:
Event Date and Time
Event Dates: Indicate Dates/Times OPEN to attendees
Hours: Open until closing
each day
Expected Daily
Attendance:
Day 1
Day:
Date:
Start Time:
End Time:
Day 2
Day:
Date:
Start Time:
End Time:
Day 3
Day:
Date:
Start Time:
End Time:
Day 4
Day:
Date:
Start Time:
End Time:
Day 5
Day:
Date:
Start Time:
End Time:
Event Setup Starts:
Event Take Down Complete:
Total
Start Day/Date:
Start Time:
End Day/Date:
End Time:
Attendance:
(add all rows and
columns)
Event Location:
Describe the location that your event will be located at. Include street names and/or
parks. Attached required map.
City of Port Orchard I Special Event Application
Revised 1211212023 45
Page 1 of 13
Applicant Information*
Sponsoring Organization Name:
Do you have an active City Business License? ❑Yes ONO What is your UBI number?
Applicant Contact Name:
Title:
Physical Address:
Mailing Address: (if different from street address)
City:
State:
Zip:
City:
State:
Zip:
Phone:
Alternate Phone:
Email:
*Please note the applicant information provided may be shared for inquires made on event details
Admission Fees:
Does your event require a paid fee for participants and/or spectators? Dyes ONO
Does your event require minimum or suggested donation for participants and/or spectators? Dyes ONO
Admission/participation fee/ suggest donations amount(s):
Use of City Streets and/or State Highway
STATE HIGHWAY:
Will this event require closure of a State Highway (most common is Bay Street/SR166)? ❑ Yes ❑ No
If yes, which highway: ❑ Bay Street/SR 166 ❑ Sedgwick Road ❑ Mile Hill Drive
For State Highway Closures, the sponsoring organization must submit the application to the city at least 120 calendar days before the
event date. Upon city approval of the event, the sponsoring organization shall seek permission from the Washington State Department
of Transportation (WSDOT) by completing an online application. Once permission is granted from WSDOT, a copy of the Letter of
Acknowledgment or an Agreement will need to be provided to the city 45 days prior to the event. WSDOT's online application is located
at: https://www.wsdot.wa.gov/contact/events/special-events
CITY PROPERTY/STREETS (Right-of-way): Port Orchard Municipal Code 5.94.020(7) states "Right-of-way (ROW)" means any road,
public parking lot, city street, highway, boulevard or place in the city open as a matter of right to public travel and shall include arterials,
neighborhood streets, alleys, bicycle paths and pedestrian ways; including streets or portions thereof which are designated as portions
of the state highway system."
City of Port Orchard I Special Event Application
Revised 1211212023 46
Page 2 of 13
Will this event require closure of any of the below public property/ right-of-way? ❑ Yes ❑ No
If yes, indicate what type of public property is requested to be closed and the location (select all that apply):
A. City Park(s):
O Van Zee Park
O Paul Powers Park
B. Parking Lot(s):
O McCormick Village O Central Park O Givens Park
Park
Etta Turner Park O Rockwell Park
O Lot 2, which lies between Frederick Street and Sidney Avenue, north of Bay Street.
O Lot 5: all parking on City Hall property in front of the Police department
O Lot 8: employee parking lot east of City Hall adjacent to Prospect Alley which is between Kitsap Street and Prospect Street.
C. Sidewalk(s) describe the location of the sidewalk being closed:
D. Street(s): please fill out the "Details of Closure" section below and provide a traffic control plan of the area
impacted.
1) Details of Closure(s):
Street Name:
Between
(cross street):
And
(cross street):
Start Date:
Start Time:
End Date:
End Time:
Example
Sidney Ave
Kitsap Street
Division Street
00/00/0000
00:00 am
00/00/0000
00:00 pm
Additional details: (attach additional pages as needed for more streets and/or more details about use.)
2) Traffic Control Plan:
A traffic control plan is required for all street and highway closures and must be submitted with this application.
See example Site Plan. The following is required to be on the plan(s):
❑ Detour route(s) ❑ Pedestrian and Bicycle routes ❑ Volunteers: how many, where, how long, etc.
❑ Signs/Barriers: How many, what kind of signs, were will they be located, who is putting them up, who will be taking
them down, etc.
City of Port Orchard I Special Event Application
Revised 1211212023 4%
Page 3 of 13
❑ Certified flaggers: how many will there be, where will they be stationed, what time will they be there, what time
will they be gone, etc.
Should your event require traffic control and certified flaggers to manage the road closures, provide the following
information:
Name of the Traffic Control company:
Point of Contact Name:
Phone: Alternate Phone: Email:
Public Works and Police Services
Special events may require the use of public works and police officers for public safety. This may result in additional costs to the
organizer. The organizer will be notified if coordination with the Public Works and Police is required.
The following are services that will be required to be charged to the organizer:
Public Works: Police:
Setting up street closure signs Setting up command center on event site
Setting up barricades Officers providing security
Please provide who the invoice should be sent to:
Name company:
Name:
Address:
Phone:
Alternate Phone:
Email:
Parking Impacts
Have parking impacts been coordinated with neighbors (residential/business)? ❑ Yes ❑ No
If yes, how will parking be provided for participants and visitors (including handicapped parking)? You may submit a map to show the
available parking for this event in place of providing a written description below.
City of Port Orchard I Special Event Application
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Page 4 of 13
48
*The City of Port Orchard cannot grant permission for the use of private property for parking. It is the event sponsor's responsibility to
contact property owner (business, residential, schools) if you want permission to park on their property.
Neighborhood — Business Notification
The city clerk's office shall notify the public of each special event proposed to allow citizens to provide written
comments regarding how allowing the special event will impact their property, business or quality of life. The city
clerk will consider any information provided and may deny the special event permit application if a showing is made
of severe financial impact or other undue hardship on a citizen's property, business or quality of life.
Alcohol Sales/Services
The sale, service and consumption of alcoholic beverages are subject to Washington State Liquor & Cannabis Board (WSLCB)
regulations, licensing, and permit requirements. WSLCB Special Occasion and other Licenses and related fees for alcohol
sales/service at events are not included in the City's Special Event Permit. Visit the WSLCB website, https://Icb.wa.gov/ for
additional information and to apply for the appropriate license / Permit.
Will alcohol be sold or consumed at your event? ❑Yes* ❑No
*If yes, you must contact the Washington State Liquor and Cannabis Board for a special liquor license.
Food Sales/Service
You will need to reach out to the Kitsap Public Health District as they may require a temporary food establishment permit.
Visit their website at https.Ilkitsappublichealth.orgIFoodSafetvlfood vendors.php or call (360) 728-2235 for information.
Will your event have any food service and/or sales? ❑Yes ❑No If yes, how many:
Will your event have professional catering? ❑Yes ❑No If yes, how many:
Will your event have food truck(s)? ❑Yes ❑No If yes, how many:
Washington State Fire Code section 105.6.30 Mobile food preparation vehicles is defined as:
An operational permit is required for mobile food preparation vehicles equipped with appliances that
produce smoke or grease -laden vapors or utilize LP -gas systems or CNG systems. Contact Community
Development.
• Food Truck Safety Handout
• Mobile Food Preparation Vehicle Permit Application
Garbage and Recycling
Collection Stations: How many bins are you providing as collection containers at your event?
Recycle Garbage
City of Port Orchard I Special Event Application
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49
Will you manage your own recycling and garbage collection or will it be managed by a vendor?
Self -Haul: ❑Yes ❑No List vendor/company, if applicable:
Detail your plan for waste management within the event area and surrounding neighborhood:
Restrooms
Prove the number of restrooms that will be available to the public for your event: Males Females Handicap
Below is an example of the estimated amounts needed per number of users recommended in the FEMA Special Events
Contingency Planning: Job Aids Manual March 2005 (updated May 2010).
Toilet facilities for events where alcohol is not available
Males
Females
Patrons
Toilets
Urinals
Sinks
Toilets
Sinks
<500
1
2
2
6
2
1,000
2
4
4
9
4
<2,000
4
8
6
12
6
<3,000
6
1 15
1 10
1 18
10
r<5,000
8
1 25
1 17
1 30
17
Toilet facilities for events where alcohol is available
Males
Females
Patrons
Toilets
Urinals
Sinks
Toilets
Sinks
<500
3
8
2
13
2
1,000
5
10
4
16
4
C2,000
9
15
7
18
7
<3,000
10
20
14
22
14
<5,000
12
30
20
40
20
City of Port Orchard I Special Event Application
Revised 121512023
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50
These figures may be reduced for shorter duration events as follows:
Duration of event
Quantity required
More than 8 hours
1000/0
6-8 hours
800/0
4-6 hours
75%
Less than 4 hours
70%
Master Multi -Vendor Event License
Will your event have vendors? El Yes ❑No
If so, how many anticipated exhibitors/vendors will be at your event?
If so, will they be selling merchandise and/or food? ❑Yes El No — If you indicated Yes, please see the Food section on
Page 4 of this application.
POMC 5.96, if your event has two or more vendors engaged in public property vending, you are required to have a Master Multi -
Vendor Event License (MMVEL). The MMVEL fee is $15.00 per day or $200 per month. POMC 5.96.020(3)(a) states the
sponsor of the master event shall provide a list of participating vendors, their business names, their addresses and their State
Tax Revenue Identification Numbers to the city clerk within three working days after the first day of the operation.
• No public vending is allowed within twenty-five (25) feet of any municipal building, monument, or fountain, OR within
ten (10) feet of intersection sidewalks.
• Vending devices must be removed from vending sites daily between the hours of 10:00 p.m. and 6:00 a.m.
• Vending devices and vending sites must always be clean and orderly. The vendor must furnish a suitable refuse container
and is responsible for the daily disposal of refuse deposited therein. Refuse containers must be removed each day
along with vending devices.
• Vendors may engage in public property vending only in the location specified in the public property license. The location
shall be deemed the vending site.
• Utility service connections are not permitted, except electrical when provided with written permission from the
adjacent property owner. Electrical lines are not allowed overhead or lying in the pedestrian portion of the sidewalk.
• No mechanical audio or noisemaking devices are allowed, and no hawking is allowed.
• A vinyl or canvas umbrella may be added to the vending device, but its open diameter may not exceed eight and one-
half feet. Any part of the umbrella must have a minimum of seven feet of vertical clearance to the area on which the
vending device stands.
• Individual vendor advertising signs may be placed only upon the vending device. Temporary master event advertising
signs may be placed as approved by the city engineer; and
• No conduct shall be permitted which violates any other section of the Port Orchard Municipal Code.
Tents
Does your event include a tent or membrane structure? ❑ Yes
If yes, what is the tent size:
❑ No ❑ Not Applicable
Does the tent have sides? ❑ Yes ❑ No ❑ N/A
May be required to obtain a permit per POMC20.200.016.Pplease contact Community Development (360) 874-5533.
City of Port Orchard I Special Event Application
Revised 121512023
Page 7 of 13
51
Event Signage
Are you planning to put up temporary signs? ❑Yes ❑ No
POMC20.132.290 "Temporary sign" (which may include special event sign) means any sign that is used temporarily and is not
permanently mounted, painted or otherwise affixed, excluding portable signs as defined by this chapter, including any poster,
banner, placard, stake sign or sign not placed in the ground with concrete or other means to provide permanent support,
stability and rot prevention. Temporary signs may only be made of nondurable materials including, but not limited to, paper,
corrugated board, flexible, bendable or foldable plastics, foamcore board, vinyl canvas or vinyl mesh products of less than 20-
ounce fabric, vinyl canvas and vinyl mesh products without polymeric plasticizers and signs painted or drawn with water
soluble paints or chalks. Signs made of any other materials shall be considered permanent and are subject to the permanent
sign regulations of this chapter. Please contact the Community Development Department at (360) 874-5533 if you have
questions or if you need to apply for a sign permit.
Amplified Sound
Does your event have any amplified sound? ❑ Yes ❑ No
Indicate dates/time of any amplified sound below:
Day:
Date:
Start Time:
End Time:
Day:
Date:
Start Time:
End Time:
Day:
Date:
Start Time:
End Time:
Describe what sound will be amplified, and at what hours (e.g., 7:00am announcements, 8:00am background music, etc.):
Describe what equipment will be used for amplified sound, and at what locations (show in maps):
Describe schematics and direction of amplified sound (show in maps, attach supporting documents as needed
Noise levels generated shall not be in excess of allowable levels, consistent with POW 9.24.050. For more information
please contact the Port Orchard Police Department (360) 876-1700.
Site Map
A site map is required to be submitted to include the following when applicable:
• Vendors
• Beer Garden
• Signage
• Canopies/Tents
• Public entrances and exits
• Road closures and detours
• Traffic patterns with directional arrows/routes
• Fire Lanes
City of Port Orchard I Special Event Application
Revised 121512023
Page 8 of 13
52
• Surrounding street names
• Garbage/Recycling
• Barricades
• Food trucks
• Generators
• Cooking areas
• First Aid
• Parking
• Restrooms
• Wash stations
• If event is a run/walk, list start and stop locations and water/rest stations:
Insurance
The sponsoring organization must submit proof of liability insurance naming the City of Port Orchard as an additional insurec by
endorsement. Coverage shall remain in force throughout the event. The policy shall have primary coverage limits of at least the
following:
$1,000,000 Liability and $1,000,000 Bodily Injury
Additional insurance may be required where alcohol is bing served. Special Event Insurance for events held at city -owned facilities
can be purchased at eventinsure.hubinternational.com/.
Release
I certify that the event for which this permit is to be used will not be in violation of any City of Port Orchard ordinance.
By applying for this special event permit, the organization or entity obtaining such permit agrees to defend, indemnify, and hold
harmless the City, its officers, officials, employees and volunteers from all claims, injuries, damages, losses, or suits, including
attorney fees and costs, arising out of or in conjunction with the activities or operations performed by the applicant or on the
applicant's behalf resulting from the issuance of this permit, except for injuries and damages caused by the sole negligence of the
City.
The information on this form is considered a public record and is subject to public disclosure laws in Chapter 42.56 RCW.
I, as the President or Chair of my organization, agree to the terms and conditions listed above.
City: POBSA:
Signature of President/Chair of Organization Print Name Date
FOR CITY CLERK'S OFFICE USE ONLY
Date Special Event Fee Paid ($50): Receipt No.:
Insurance Certificate(s) Received:
City of Port Orchard I Special Event Application
Revised 121512023
Page 9 of 13
53
Does event require a Master Multi -Vendor License: ❑ Yes ❑ No
If Yes: ❑ $15/day fee ❑ $200/monthly fee
Number of days: Total Amount: Date paid: Receipt No.:
Department/Agency Routing:
❑ Police ❑ Public Works ❑ Finance ❑ Community Development ❑ Kitsap Transit ❑ Clerk's Office ❑ Health District
Public Notice Dates:
Council Action Date:
ORCHARD
SPECIAL EVENT PERMIT APPLICATION INSTRUCTIONS
PORT ORCHARD MUNICIPAL CODE 5.94 AND 5.96)
Thank you for your interest in holding a special event in the City of Port Orchard. This application contains information
you need to apply for a special event permit. Included is a checklist designed to help you when submitting this
application, and tips for a successful event.
What are the fees associated with a special event?
• There is a $50 non-refundable administrative fee to process each application.
• If two or more vendors are engaged in public property vending, you are required to have a master multi -vendor
event license. The fee is $15 per event day.
• Closure of Lots 3 and 4 commonly known as waterfront parking, during a weekday and excluding federal
holidays, the applicant shall compensate the city for lost revenue for use of the parking lots.
When should the special event application be submitted to the City?
• The application shall be filed with the city clerk's office no less than 90 calendar days, nor more than one
calendar year, before the date when the proposed special event is to take place. A Special Event Reservation
Form can be submitted by February 1st of each year to reserve your proposed special event, if the event was
held on the same day and location as the previous year. Please note that it provides no guarantee that your
event will be approved.
• If your event requires any road closures, the application must be submitted at least 120 calendar days before
the event date.
What is a special event?
A special event is defined in the Port Orchard Municipal Code (POMC) as "any organized formation of an activity
proposed to occur that affects the public's ordinary use of rights -of -way or public parks, including but not limited to
runs, street dances, block parties and parades".
Can 1 hold a special event in a City owned park?
City of Port Orchard I Special Event Application
Revised 121512023
Page 10 of 13
54
City parks are available on a first -come, first -served basis. The City does not reserve parks for events. However, POMC
9.60'Park Rules' states in part that no person can solicit, or offer for sale any article or thing, or use any stand, cart or
vehicle for the sale or display without authorization from the City Council. In addition, no animals are allowed in City
parks other than dogs or cats.
What types of events are considered special events?
• Parades
• Community awareness events
• Runs/Walks
• Outdoor movies
• Festivals
• Street dances
• Block Parties
• Other similar event
• Car Shows
• Vendor Fairs
• Concerts
ORCHARD
What if my event is outside Port Orchard Citv limits or on aroaerty not owned by the Citv?
If your event is outside Port Orchard city limits, you will need to contact Kitsap County at 360.337.5777. If your event
is on private property, you will need to contact the property owner and Port Orchard Department of Community
Development to learn if the event triggers permitting requirements under the adopted fire code. If your event is
utilizing the property of the Port of Bremerton, you will need to contact the Port of Bremerton. If your event is utilizing
both City property and property that is NOT owned/leased by the City, written approval is required by the
owner/manager of the private property and must be included with your application.
Can 1 ask for road closures or detours for a SK run/walk or similar event?
If the event is a parade or run, the following information and/or documentation are required:
A traffic control plan.
Provide evidence that the appropriate number of Certified flaggers described in the traffic control plan will
be provided.
What is the special event application process?
• Submit to the City Clerk's office a Special Event Reservation form (if applicable).
• Submit the completed application to the City Clerk's office with required fee(s), 90 days before the event. If
the application and/or additional documents are not completed or submitted, the application will not be
accepted until fully completed.
The City will forward the event application to other departments and agencies for review and comment.
o If the event requires closure of City streets, the application is also required to be brought
before the City Council during a regular City Council meeting. The applicant will be notified
of the date of the meeting and the City Council's decision.
o If the event requires closure of a State Highway, POMC 5.94.030(4) states a completed
application shall be filed no less than 120 days before the proposed special event is to take
place. POMC 5.94.040(13) states upon council approval, the applicant must provide to the
City Clerk's office, no more than 45 days after submitting the application, at least one of the
following three documents: (a) event agreement with WSDOT; (b) letter of
acknowledgement from WSDOT; or (c) written proof that the event organizer has submitted
the completed application to WSDOT.
City of Port Orchard I Special Event Application
Revised 121512023
Page 11 of 13
61.1
o If the event requires closure of City streets, a traffic control plan may be required.
o If your event is utilizing the downtown parking lots (lots 3 and 4), commonly known as
waterfront parking, for two or more consecutive days it will require council approval and the
applicant shall compensate the city for lost revenue for use of the parking lots.
o If there are questions or concerns by the other departments or jurisdictions, the applicant
will be contacted to address these concerns.
Depending upon the event, other licenses or permits may be required.
The City will notify the public of the event and ask if there are any concerns regarding impact to
property, business, or quality of life.
ORCHARD
Special Event Permit Application Checklist
Please use this list to ensure you have included all supporting documentation with your special event
application.
❑ If your event coincides with another organizations event in the same location, please provide written approval
from the event organizer that indicates their approval of your event.
❑ Reviewed Special Event Tool Kit
❑ Written approval from property owner if location is on non -City owned property (if applicable) (Page 2)
❑ Special Event Fee (Check, Cash, Credit Card) (Page 3)
❑ Insurance Certificate, with endorsement, provided at least 30 days prior to event date (Page 4)
❑ If there are road closures, have you attached a traffic control plan (Page 6)
❑ Special Liquor License (if applicable) (Page 7)
❑ Contact Department of Community Development for sign permit or food trucks (if applicable) (Page 7 and 9)
❑ Master Multi -Vendor Event License fee (if applicable) (Page 8)
❑ Contact Department of Community Development for tent permit (if applicable) (Page 9)
❑ Completed site map (Page 10)
❑ Special Event Application/Release is completed and signed by the President or Chair of organization (Page 10)
City of Port Orchard I Special Event Application
Revised 121512023
Page 12 of 13
56
❑ Upon event approval, use of State Highway Letter of Acknowledgment or an Agreement that is received
from the Department of Transportation if State Highway is requested to be closed (Page 5)
Tips for a successful event
❖ Contact the local media (Kitsap Sun, Port Orchard Independent, etc.).
❖ Post information on your social media site.
❖ Contact the Port Orchard Chamber of Commerce or Port Orchard Bay Street Association.
❖ Attend a City Council meeting to speak during citizen comments letting council and public know of your event.
City of Port Orchard I Special Event Application
Revised 121512023
Page 13 of 13
57
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ORCHARD 216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Business Items: Adoption of a Resolution Approving a Professional Services Agreement with Consor
North America, Inc. for the Design and Permitting of the Ruby Creek Sewer Lift Station Project (Ryan)
Meeting Date: October 8, 2024
Prepared By: Heidi Draper, PW Procurement Specialist
Presenter: Denis Ryan, CPWP-M, CPRP, Public Works Director
Summary and Background: Kitsap Transit is constructing a park and ride facility known as the Ruby
Creek Park and Ride ("Project") which is located within the City of Port Orchard at SW Sedgwick Rd.
and Sidney Rd. SW. The Project will require Kitsap Transit to construct sewer improvements to
support the development ("Sewer Improvements"), which must be designed and constructed to City
standards, and will be dedicated to the City once completed, approved, and accepted. On December
12, 2023, City Council approved Interlocal Agreement No. 102-23 with Kitsap Transit in which the City
will provide design work for Sewer Improvements and permitting applications to reduce duplicative
review work and to ensure the Project conforms with City design standards. Kitsap Transit will
reimburse the City for all design and permitting costs. On July 5, 2024 and July 12, 2024, the City
Public Works Department published a Request for Qualifications (RFQ) seeking submissions from
qualified Architecture and Engineering Professional Services Consultants with expertise in sewer lift
station design. The City also posted the RFQ on its website. By the July 26 2024 deadline the City
received one (1) Statement of Qualification (SOQ) from Consor North America, Inc (the "Consultant").
Based upon the SOQ, and upon reviewing the overall qualifications of the submitting firm, the Public
Works staff determined Consor North America, Inc., met the requirements and criteria as described in
the RFQ and was the most qualified, responsible and responsive consultant to provide the
architectural and engineering services for the Project. Public Works Staff then met with the
Consultant to discuss the project scope and the associated contract terms. On September 5, 2024, the
Consultant provided a defined Scope of Work (consistent with the initial RFQ), Budget, Project
Timeline and fee proposal for the Project, in an amount not to exceed $469,966.
Relationship to Comprenhensive Plan: Chapter 7-Utilities
Recommendation: Staff recommends adoption of a Resolution authorizing the Mayor to execute a
Professional Services Agreement with Consor North America, Inc for the design of the Ruby Creek Lift
Station Sewer Project in the amount of $469,966.
Motion for Consideration: I move to adopt a Resolution authorizing the Mayor to execute a
Professional Services Agreement with Consor North America, Inc for the design and permitting of the
Ruby Creek Lift Station Sewer Project in the amount of $469,966.
62
Has item been presented to Committee/Work Study? If so, which one: N/A
Fiscal Impact: Kitsap Transit will reimburse the City for the design and permitting costs.
Alternatives: Do not approve and provide alternative guidance.
Attachments:
AGREEMENT-Consor_Ruby Creek Lift Station_EKS_.pdf
RESOLUTION_-Agreement-Ruby_Creek_Sewer F.doc
63
Port Orchard Contract #:
Authorized Amount: $469,966.00
Date Start: September 24, 2024
Date End: September 30, 2025
CONSULTANT SERVICES AGREEMENT
THIS AGREEMENT is entered into by and between the City of Port Orchard, Washington,
a municipal corporation organized under the laws of the State of Washington ("City") and Consor North
America, Inc., ("Consultant") organized under the laws of the State of Washington, located and doing
business at 400 E Mill Plain Blvd, STE 400 Vancouver WA 98660-3491 (hereinafter the "Consultant").
RECITALS:
WHEREAS, the City desires to have certain services performed for its residents; and
WHEREAS, the City has selected the Consultant to perform such services pursuant to certain
terms and conditions; and
WHEREAS, the City complied with the requirements for hiring Consultant contained in Chapter
39.80 RCW;
NOW, THEREFORE, in consideration of the mutual benefits and conditions set forth below, the
parties agree as follows:
AGREEMENT:
1. Scope of Services to be Performed by Consultant.
The Consultant shall perform those services described on Exhibit "A," which is attached hereto and
incorporated herein by this reference as if set forth in full. In performing such services, the Consultant shall
at all times comply with all federal, state, and local statutes, rules and ordinances applicable to the
performance of such services and the handling of any funds used in connection therewith. The Consultant
shall perform the services diligently and completely and in accordance with professional standards of
conduct and performance. The Consultant shall request and obtain prior written approval from the City
if the scope or schedule is to be modified in any way.
If the services provided hereunder are funded in whole or in part under a Grant Funding
Agreement, then Consultant will comply with the terms of such Grant Funding Agreement to ensure that
the City is able to obtain the maximum funding under such Grant Funding Agreement. If this applies, the
City will provide the Consultant with a copy of the Grant Funding Agreement.
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2. Compensation.
The City shall pay the Consultant for services rendered according to the rates and methods set forth
below.
LUMP SUM. Compensation for these services set forth in Exhibit A shall be a Lump Sum
�7f of $
IJ TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed
$469,966.00 without written authorization and will be based on the list of billing rates and
reimbursable expenses attached hereto as Exhibit "A."
❑ TIME AND MATERIALS. Compensation for these services shall be on a time and materials
basis according to the list of billing rates and reimbursable expenses attached hereto as Exhibit
„g
OTHER
3. Payment.
A. The Consultant shall maintain time and expense records and provide them to the City
monthly after services have been performed, along with monthly invoices in a format acceptable to
the City for work performed to the date of the invoice.
B. All invoices shall be paid by City warrant within thirty (30) days of receipt of a proper
invoice. If the City objects to all or any portion of any invoice, it shall so notify the Consultant of the
same within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in
dispute, and the Parties shall immediately make every effort to settle the disputed portion.
C. The Consultant shall keep cost records and accounts pertaining to this Agreement
available for inspection by City representatives for three (3) years after final payment unless a longer
period is required by a third -party agreement. Copies shall be made available on request.
D. On the effective date of this Agreement (or shortly thereafter), the Consultant shall
comply with all federal and state laws applicable to independent contractors, including, but not limited
to, the maintenance of a separate set of books and records that reflect all items of income and expenses
of the Consultant's business, pursuant to Revised Code of Washington (RCW) 51.08.195, as required by
law, to show that the services performed by the Consultant under this Agreement shall not give rise to
an employer -employee relationship between the parties, which is subject to Title 51 RCW, Industrial
Insurance.
E. If the services rendered do not meet the requirements of the Agreement, the Consultant
will correct or modify the work to comply with the Agreement. The City may withhold payment for such
work until the work meets the requirements of the Agreement. The City shall pay the Consultant for
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services rendered within ten (10) days after City Council voucher approval. However, if the City objects
to all or any portion of an invoice, it shall notify Consultant and reserves the option to only pay that
portion of the invoice not in dispute. In that event, the Parties will immediately make every effort to
settle the disputed portion.
F. The City reserves the right to direct the Consultant's compensated services before
reaching the maximum amount.
4. Duration of Agreement.
A. This Agreement shall be in full force and effect for a period commencing on September
24, 2024 and ending September 30, 2025 unless sooner terminated under the provisions of this
Agreement. The City reserves the right to offer two (2) one-year extensions prior to expiration of the
Agreement to retain the Consultant's services.
B. Time is of the essence of this Agreement in each and all of its provisions in which
performance is required. If delays beyond the Consultant's reasonable control occur, the Parties will
negotiate in good faith to determine whether an extension is appropriate.
C. The Consultant shall obtain a City of Port Orchard business license prior to commencing
work pursuant to a written Notice to Proceed.
D. The Consultant is authorized to proceed with services upon receipt of a written Notice
to Proceed.
5. Standard of Care.
The Consultant represents and warrants that it has the requisite training, skill, and experience
necessary to provide the services under this Agreement and is appropriately accredited and licensed
by all applicable agencies and governmental entities. Services provided by the Consultant under this
Agreement will be performed in a manner consistent with that degree of care and skill ordinarily
exercised by members of the same profession currently practicing in similar circumstances.
6. Ownershio and Use of Documents.
A. Ownership. Any records, files, documents, drawings, specifications, data, or
information, regardless of form or format, and all other materials produced by the Consultant in
connection with the services provided to the City, shall be the property of the City whether the project
for which they were created is executed or not.
B. Records preservation. Consultant understands that this Agreement is with a government
agency and thus all records created or used in the course of Consultant's work for the City are
considered "public records" and are subject to disclosure by the City under the Public Records Act,
Chapter 42.56 RCW ("the Act"). Consultant agrees to safeguard and preserve records in accordance
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with the Act. The City may be required, upon request, to disclose the Agreement, and the documents
and records submitted to the City by Consultant, unless an exemption under the Public Records Act
applies. If the City receives a public records request and asks Consultant to search its files for responsive
records, Consultant agrees to make a prompt and thorough search through its files for responsive
records and to promptly turn over any responsive records to the City's public records officer at no cost
to the City.
7. Relationship of the Parties; Independent Consultant.
The Parties intend that an independent contractor -client relationship will be created by this
Agreement. As the Consultant is customarily engaged in an independently established trade which
encompasses the specific service provided to the City hereunder, no agent, employee, representative
or sub -consultant of the Consultant shall be or shall be deemed to be the employee, agent,
representative or sub -consultant of the City. In the performance of the work, the Consultant is an
independent contractor with the ability to control and direct the performance and details of the work,
the City being interested only in the results obtained under this Agreement. None of the benefits
provided by the City to its employees, including, but not limited to, compensation, insurance, and
unemployment insurance are available from the City to the employees, agents, representatives, or sub -
consultants of the Consultant. The City shall not be responsible for withholding or otherwise deducting
federal income tax or social security or contributing to the State Industrial Insurance Program, or
otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the
Consultant. The Consultant will be solely and entirely responsible for its acts and for the acts of its
agents, employees, representatives, and sub -consultants during the performance of this Agreement.
The City may, during the term of this Agreement, engage other independent contractors to perform
the same or similar work that the Consultant performs hereunder.
8. Indemnification.
Consultant shall defend, indemnify, and hold the City, its officers, officials, employees, agents, and
volunteers harmless from any and all claims, injuries, damages, losses or suits including attorneys' fees,
arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this
Agreement, except for injuries and damages caused by the sole negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,
then, in the event of liability for damages arising out of bodily injury to persons or damages to property
caused by or resulting from the concurrent negligence of the Consultant and the City, its officers,
officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend,
hereunder shall be only to the extent of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED
HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE,
TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THIS WAIVER HAS BEEN
MUTUALLY NEGOTIATED BY THE PARTIES.
The provisions of this section shall survive the expiration or termination of this Agreement.
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9. Insurance.
The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims
for injuries to persons or damage to property which may arise from or in connection with the
performance of the work hereunder by the Consultant, its agents, representatives, or employees.
A. Minimum Scope of Insurance. Consultant shall obtain insurance of the types
described below:
limits:
Automobile Liability insurance covering all owned, non -owned, hired and leased
vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01
or a substitute form providing equivalent liability coverage. If necessary, the policy
shall be endorsed to provide contractual liability coverage.
ii. Commercial General Liability insurance shall be written on ISO occurrence form CG
00 01 and shall cover liability arising from premises, operations, independent
Consultants and personal injury and advertising injury. The City shall be named as
an insured under the Consultant's Commercial General Liability insurance policy
with respect to the work performed for the City.
iii. Workers' Compensation coverage as required by the Industrial Insurance laws of the
State of Washington.
iv. Professional Liability insurance appropriate to the Consultant's profession.
B. Minimum Amounts of Insurance. Consultant shall maintain the following insurance
i. Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of $1,000,000 per accident.
ii. Commercial General Liability insurance shall be written with limits no less
than $1,000,000 each occurrence, $2,000,000 general aggregate.
iii. Professional Liability insurance shall be written with limits no less than
$1,000,000 per claim and $1,000,000 policy aggregate limit.
C. Other Insurance Provision. The Consultant's Automobile Liability, Commercial
General Liability, and Professional Liability insurance policies are to contain, or be endorsed to contain,
that they shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance
pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not
contribute with it.
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D. Acceptability of Insurers. Insurance is to be placed with insurers with a current
A.M. Best rating of not less than A-VII.
E. Verification of Coverage. The Consultant shall furnish the City with original
certificates and a copy of the amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of the Consultant before
commencement of the work.
F. Notice of Cancellation. The Consultant shall provide the City with written notice
of any policy cancellation, within two business days of their receipt of such notice.
G. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain
the insurance as required shall constitute a material breach of contract, upon which the City may, after
giving five business days' notice to the Consultant to correct the breach, immediately terminate the
contract or, at its discretion, procure or renew such insurance and pay any and all premiums in
connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole
discretion of the City, offset against funds due the Consultant from the City.
H. No Limitation. Consultant's maintenance of insurance as required by the
Agreement shall not be construed to limit the liability of the Consultant to the coverage provided by
such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity.
10. Record Keeping and Reporting.
A. The Consultant shall maintain accounts and records, including personnel,
property, financial, and programmatic records, which sufficiently and properly reflect all direct and
indirect costs of any nature expended and services performed pursuant to this Agreement. The
Consultant shall also maintain such other records as may be deemed necessary by the City to ensure
proper accounting of all funds contributed by the City to the performance of this Agreement.
B. The foregoing records shall be maintained for a period of seven (7) years after
termination of this Agreement unless permission to destroy them is granted by the Office of the
Archivist in accordance with Chapter 40.14 RCW and by the City.
11. City's Right of Inspection and Audit.
A. Even though the Consultant is an independent contractor with the authority to control
and direct the performance and details of the work authorized under this Agreement, the work must
meet the approval of the City and shall be subject to the City's general right of inspection to secure the
satisfactory completion thereof. The Consultant agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or become applicable within the terms of this
Agreement to the Consultant's business, equipment, and personnel engaged in operations covered by
this Agreement or accruing out of the performance of such operations.
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B. The records and documents with respect to all matters covered by this Agreement shall
be subject at all times to inspection, review or audit by the City during the performance of this
Agreement. All work products, data, studies, worksheets, models, reports, and other materials in
support of the performance of the service, work products, or outcomes fulfilling the contractual
obligations are the products of the City.
12. Work Performed at the Consultant's Risk.
The Consultant shall take all precautions necessary and shall be responsible for the safety of its
employees, agents, and sub -consultants in the performance of the work hereunder and shall utilize all
protection necessary for that purpose. All work shall be done at the Consultant's own risk, and the
Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or
held by the Consultant for use in connection with the work.
13. Termination.
A. Termination without cause. This Agreement may be terminated by the City at any time
for public convenience, for the Consultant's insolvency or bankruptcy, or the Consultant's assignment
for the benefit of creditors.
B. Termination with cause. This Agreement may be terminated upon the default of the
Consultant and the failure of the Consultant to cure such default within a reasonable time after
receiving written notice of the default.
C. Rights Upon Termination.
i. With or Without Cause. Upon termination for any reason, all finished or
unfinished documents, reports, or other material or work of the Consultant pursuant to this
Agreement shall be submitted to the City, and the Consultant shall be entitled to just and
equitable compensation for any satisfactory work completed prior to the date of termination,
not to exceed the total compensation set forth herein. The Consultant shall not be entitled to
any reallocation of cost, profit or overhead. The Consultant shall not in any event be entitled to
anticipated profit on work not performed because of such termination. The Consultant shall use
its best efforts to minimize the compensation payable under this Agreement in the event of
such termination. Upon termination, the City may take over the work and prosecute the same
to completion, by contract or otherwise.
ii. Default. If the Agreement is terminated for default, the Consultant shall
not be entitled to receive any further payments under the Agreement until all work called for
has been fully performed. Any extra cost or damage to the City resulting from such default(s)
shall be deducted from any money due or coming due to the Consultant. The Consultant shall
bear any extra expenses incurred by the City in completing the work, including all increased
costs for completing the work, and all damage sustained, or which may be sustained, by the
City by reason of such default.
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D. Suspension. The City may suspend this Agreement, at its sole discretion. Any
reimbursement for expenses incurred due to the suspension shall be limited to the Consultant's
reasonable expenses, and shall be subject to verification. The Consultant shall resume performance of
services under this Agreement without delay when the suspension period ends.
E. Notice of Termination or Suspension. If delivered to the Consultant in person,
termination shall be effective immediately upon the Consultant's receipt of the City's written notice or
such date as stated in the City's notice of termination, whichever is later. Notice of suspension shall be
given to the Consultant in writing upon one week's advance notice to the Consultant. Such notice shall
indicate the anticipated period of suspension. Notice may also be delivered to the Consultant at the
address set forth in the "Notices" Section herein.
F. Nothing in this Subsection shall prevent the City from seeking any legal remedies it may
otherwise have for the violation or nonperformance of any provisions of this Agreement.
14. Discrimination Prohibited.
A. The Consultant agrees not to discriminate against any employee or applicant for
employment or any other person in the performance of this Agreement because of race, creed, color,
national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state,
or local law or ordinance, except for a bona fide occupational qualification.
B. Violation of this Section shall be a material breach of this Agreement and grounds for
cancellation, termination, or suspension of the Agreement by the City, in whole or in part, and may
result in ineligibility for further work for the City.
15. Force Majeure.
Notwithstanding anything to the contrary in this Agreement, any prevention, delay or stoppage due to
strikes, lockouts, labor disputes, acts of God, acts of war, terrorist acts, inability to obtain services,
labor, or materials or reasonable substitutes therefor, governmental actions, governmental laws,
regulations or restrictions, civil commotions, casualty, actual or threatened public health emergency
(including, without limitation, epidemic, pandemic, famine, disease, plague, quarantine, and other
significant public health risk), governmental edicts, actions, declarations or quarantines by a
governmental entity or health organization, breaches in cybersecurity, and other causes beyond the
reasonable control of the Party obligated to perform, regardless of whether such other causes are (i)
foreseeable or unforeseeable or (ii) related to the specifically enumerated events in this paragraph
(collectively, a "Force Majeure"), shall excuse the performance of such Party for a period equal to any
such prevention, delay or stoppage. To the extent this Agreement specifies a time period for
performance of an obligation of either Party, that time period shall be extended by the period of any
delay in such Party's performance caused by a Force Majeure. Provided however, that the current
COVID-19 pandemic shall not be considered a Force Majeure unless constraints on a Party's
performance that result from the pandemic become substantially more onerous after the effective
date of this Agreement.
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16. Assignment and Subcontract.
The Consultant shall not assign or subcontract any portion of the services contemplated by this
Agreement without the prior written consent of the City. Any assignment made without the prior
approval of the City is void.
17. Conflict of Interest.
The Consultant represents to the City that it has no conflict of interest in performing any of the services
set forth in Exhibit "A." In the event that the Consultant is asked to perform services for a project with
which it may have a conflict, Consultant will immediately disclose such conflict to the City.
18. Confidentiality.
All information regarding the City obtained by the Consultant in performance of this Agreement shall
be considered confidential. Breach of confidentiality by the Consultant shall be grounds for immediate
termination.
19. Non -Appropriation of Funds.
If sufficient funds are not appropriated or allocated for payment under this Agreement for any future
fiscal period, the City will so notify the Consultant and shall not be obligated to make payments for
services or amounts incurred after the end of the current fiscal period. This Agreement will terminate
upon the completion of all remaining services for which funds are allocated. No penalty or expense
shall accrue to the City in the event that the terms of the provision are effectuated.
20. Entire Agreement.
This Agreement contains the entire agreement between the parties, and no other agreements, oral or
otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind either of
the parties. If there is a conflict between the terms and conditions of this Agreement and the attached
exhibits, then the terms and conditions of this Agreement shall prevail over the exhibits. Either party
may request changes to the Agreement. Changes which are mutually agreed upon shall be
incorporated by written amendments to this Agreement.
21. Non -waiver of Breach.
The failure of either party to insist upon strict performance of any of the covenants and agreements
contained herein, or to exercise any option herein contained in one or more instances, shall not be
construed to be a waiver or relinquishment of said covenants, agreements, or options, and the same
shall be in full force and effect.
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22. Modification.
No waiver, alteration, modification of any of the provisions of this Agreement shall be binding unless
in writing and signed by a duly authorized representative of the City and the Consultant.
23. Notices.
All notices or other communications required or permitted under this Agreement shall be in writing
and shall be (a) personally delivered, in which case the notice or communication shall be deemed given
on the date of receipt at the office of the addressee; (b) sent by registered or certified mail, postage
prepaid, return receipt requested, in which case the notice or communication shall be deemed given
three (3) business days after the date of deposit in the United States mail; or (c) sent by overnight
delivery using a nationally recognized overnight courier service, in which case the notice or
communication shall be deemed given one business day after the date of deposit with such courier. In
addition, all notices shall also be emailed, however, email does not substitute for an official notice.
Notices shall be sent to the following addresses:
Notices to the City of Port Orchard shall be sent to the following address:
City Clerk
City of Port Orchard
216 Prospect Street
Port Orchard, Washington 98366
BwaIlace@cityofportorchard.us
Phone:360.876.4407 Fax: 360.895.9029
Notices to the Consultant shall be sent to the following address:
Erika Schuyler, PE, PMP - Consor
600 University St., Ste 300, Seattle, WA 98101
Phone No.:206-462-7030
Email: erika.schuyler@consoreng.com
24. Resolution of Disputes; Governing Law.
A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions
contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the
term or provision's true intent or meaning. The Mayor shall also decide all questions which may arise
between the parties relative to the actual services provided or to the sufficiency of the performance
hereunder.
B. If any dispute arises between the City and the Consultant under any of the provisions
of this Agreement which cannot be resolved by the Mayor's determination in a reasonable time, or if
the Consultant does not agree with the Mayor's decision on a disputed matter, jurisdiction of any
resulting litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington.
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C. This Agreement shall be governed by and construed in accordance with the laws of the
State of Washington. In any suit or action instituted to enforce any right granted in this Agreement,
the substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable
attorneys' fees from the other Party.
25. Compliance with Laws.
The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that
are now effective or in the future become applicable to Consultant's business, equipment, and
personnel engaged in operations covered by this Agreement or accruing out of the performance of
those operations.
26. Title VI.
The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42
U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation
subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the
Department of Transportation issued pursuant to such Act, must affirmatively insure that its contracts
comply with these regulations.
Therefore, during the performance of this Agreement, the Consultant, for itself, its assignees, and
successors in interest agrees as follows:
A. Compliance with Regulations. The Consultant will comply with the Acts and the
Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of
Transportation, Federal Highway Administration (FHWA), as they may be amended from time to time,
which are herein incorporated by reference and made a part of this Agreement.
B. Nondiscrimination. The Consultant, with regard to the work performed by it during this
Agreement, will not discriminate on the grounds of race, color, national origin, sex, age, disability,
income -level, or LEP in the selection and retention of subcontractors, including procurements of
materials and leases of equipment. The Consultant will not participate directly or indirectly in the
discrimination prohibited by the Acts and the Regulations as set forth in Appendix A, attached hereto
and incorporated herein by this reference, including employment practices when this Agreement
covers any activity, project, or program set forth in Appendix B of 49 C.F.R. part 21.
C. Solicitations for Subcon tracts, Including Procurements of Materials and Equipment. In all
solicitations, either by competitive bidding, or negotiation made by the Consultant for work to be
performed under a subcontract, including procurements of materials, or leases of equipment, each
potential subcontractor or supplier will be notified by the Consultant of the Consultant's obligations
under this Agreement and the Acts and the Regulations relative to Non-discrimination on the grounds
of race, color, national origin, sex, age, disability, income -level, or LEP.
D. Information and Reports. The Consultant will provide all information and reports
required by the Acts, the Regulations and directives issued pursuant thereto and will permit access to
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its books, records, accounts, other sources of information, and its facilities as may be determined by
the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and
instructions. Where any information required of the Consultant is in the exclusive possession of
another who fails or refuses to furnish the information, the Consultant will so certify to the City or the
FHWA, as appropriate, and will set forth what efforts it has made to obtain the information.
E. Sanctions for Noncompliance. In the event of the Consultant's noncompliance with the
non- discrimination provisions of this Agreement, the City will impose such contract sanctions as it or
the FHWA may determine to be appropriate, including, but not limited to:
i. withholding payments to the Consultant under the Agreement until the contractor
complies; and/or
ii. cancelling, terminating, or suspending the Agreement, in whole or in part.
F. Incorporation of Provisions. The Consultant will include the provisions of paragraphs one
through six in every subcontract, including procurements of materials and leases of equipment, unless
exempt by the Acts, the Regulations and directives issued pursuant thereto. The Consultant will take
action with respect to any subcontract or procurement as the City or the FHWA may direct as a means
of enforcing such provisions including sanctions for noncompliance. Provided, that if the Consultant
becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such
direction, the Consultant may request the City to enter into any litigation to protect the interests of the
City. In addition, the Consultant may request the United States to enter into the litigation to protect
the interests of the United States.
27. Counterparts.
This Agreement may be executed in any number of counterparts, each of which shall constitute an
original, and all of which will together constitute this one Agreement.
28. Severability.
Any provision or part of this Agreement held to be void or unenforceable under any law or regulation
shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon the
City and the Consultant, who agree that the Agreement shall be reformed to replace such stricken
provision or part with a valid and enforceable provision that comes as close as reasonably possible to
expressing the intent of the stricken provision.
IN WITNESS WHEREOF, the City and the Consultant have executed this Agreement as of the
dates listed below.
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CONSULTANT
CV
Title: Vice President
CITY OF PORT ORCHARD
0
Robert Putaansuu, Mayor
Date: September 18, 2024 Date:
ATTEST/AUTHENTICATE
Brandy Wallace, MMC, City Clerk
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Port Orchard City Attorney's Office
City of Port Orchard and Consor North America, Inc.
Public Works Project: Ruby Creek Lift Station Design
Updated 412022 ISDR
76
APPENDIX A
During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in
interest agrees to comply with the following non-discrimination statutes and authorities; including
but not limited to:
Pertinent Non -Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been
acquired because of Federal or Federal -aid programs and projects);
• Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the
basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 C.F.R. Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 USC§ 471, Section 4 7123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms
"programs or activities" to include all of the programs or activities of the Federal -aid
recipients, sub- recipients and contractors, whether such programs or activities are Federally
funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the
basis of disability in the operation of public entities, public and private transportation systems,
places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as
implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123)
(prohibits discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low -Income Populations, which ensures discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high
and adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes
City of Port Orchard and Consor North America, Inc.
Public Works Project: Ruby Creek Lift Station Design
Updated 4120221BDR
77
discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI,
you must take reasonable steps to -ensure that LEP persons have meaningful access to your
programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
City of Port Orchard and Consor North America, Inc.
Public Works Project: Ruby Creek Lift Station Design
Updated 412022 IBDR
78
EXHIBIT A
Scope of Services to be Provided by Consultant. The Consultant shall furnish services including, but
not limited to, the following outlined here.
Rates for Services to be Provided by Consultant. The Consultant shall furnish the services in accordance
with the rates specified below.
City of Port Orchard and Consor North America, Inc.
Public Works Project: Ruby Creek Lift Station Design
Updated 412022 ISDR
79
EXHIBIT A
SCOPE OF SERVICES
RUBY CREEK LIFT STATION
CITY OF PORT ORCHARD
Introduction
Consor North America Inc. (Consor) has developed this Scope of Services and accompanying fee estimate
to provide final design engineering services for the Ruby Creek Lift Station project (Project) for the City of
Port Orchard (City). The scope and fee have been developed based on Consor's understanding of the
Project through delivery of 30% design and the City's decision to move forward with a duplex lift station,
valve and meter vaults, and a control building.
The consultant team is led by Consor and includes sub -consultants Industrial Systems (IS) for electrical
engineering services, CG Engineering for structural engineering services, Landau Associates for
environmental permitting services, Sage Geotechnical for geotechnical services, AES Consultants for
surveying services, and ASM Affiliates for cultural resource services.
Project Understanding and Assumptions
A lift station is to be designed and constructed in conjunction with a Kitsap Transit park -and -ride facility
near the intersection of Sidney Road SW and SW Sedgewick Road, just west of State Route 16. In addition
to servicing the park -and -ride, the lift station will also serve Basin 7 and the portion of Basin 7a south of
Ruby Creek. The lift station and project site are to include:
➢ 10-foot diameter wet well, with duplex solids -handling submersible pump arrangement.
➢ Valve and meter vaults.
➢ Control building housing all electrical equipment.
➢ Standby generator with automatic transfer switch.
➢ Backup diesel pump.
➢ Site lighting to aid maintenance during nighttime hours.
➢ Site fencing with rolling slide gate and personnel gate.
➢ Yard piping connecting the lift station to the future gravity sewer system and force main in Sidney Road.
The project includes final design of the lift station.
The following are not included in this Scope of Services because Kitsap Transit will oversee the project once
design is complete: bid period services, engineering services during construction, and construction
management services.
Consor • August 2024 • Ruby Creek Lift Station Final Design • City of Port Orchard
Scope of Services • 1 80
Scope of Services
To maximize the available information and consequently to minimize costs associated with the Project, all
tasks include the following four (4) components:
➢ Objective: Summary of the goals that will be achieved by each task.
➢ Activities: The specific project elements and efforts that will be completed by the Consor project team.
➢ Deliverables: The interim and final products to be delivered to the City.
➢ Assumptions: The assumptions used to develop each task.
Task 1 - Project Management
Objective
Provide overall leadership and team strategic guidance aligned with City staff objectives. Coordinate,
monitor, and control the project resources to meet the technical, communication, and contractual
obligations required for developing and implementing the project scope.
Activities
1.1 Project Management Plan
Create a Project Management Plan (PMP). The PMP will include the approved scope and budget, project
schedule, contact list, quality management plan, and health and safety plan. Develop the baseline schedule
as part of the PMP.
1.2 Invoices/Status Reports
Prepare monthly invoices, including expenditures by task, hours worked by project personnel, and other
direct expenses with the associated backup documentation. Monthly status reports to accompany each
invoice and include comparisons of monthly expenditures and cumulative charges to budget by Task, and
sub -consultant participation. Monthly status reports to include schedule updates.
1.3 Project Kickoff Meeting
Prepare for and lead project kickoff meeting with staff and key team members. Prepare meeting agenda
and distribute before the kickoff meeting for City review. Prepare and distribute notes after the meeting.
1.4 Coordination with City Staff
Coordinate with City staff through bi-weekly emailed status reports, monthly status meetings, weekly
telephone communication, and email during the project. City PM to be copied on email communications
with City staff.
1.4 Coordination with Subconsultants
Coordinate with subconsultants on specific tasks, scope, and budget. Conduct progress meetings.
1.5 Decision Log
Develop, maintain, and monitor a decision log to document major project decisions.
Consor • August 2024 • Ruby Creek Lift Station Final Design • City of Port Orchard
Scope of Services • 2
81
1.6 Quality Management
Perform quality management at key milestones and on project deliverables.
Task Deliverables
➢ Monthly invoice and status report covering:
o Work on the project performed during the previous month.
o Meetings attended.
o Problems encountered and actions taken for their resolution.
o Potential impacts to submittal dates, budget shortfalls or optional services.
o Updated monthly schedule, when applicable.
o Issues requiring project team action.
➢ Kickoff meeting agenda and notes.
➢ Decision log.
Assumptions
➢ Notice to Proceed date by October 2024.
➢ Project duration is anticipated to be twelve (12) months.
➢ Kickoff meeting will be virtual and will be attended by three (3) members of the Consor team.
➢ City reviews:
o Review period for deliverables is ten (10) working days.
o City review comments will be compiled into a single document before submitting to Consor.
➢ Monthly one -hour meetings will be held with Consor's Project Manager and Project Engineer, pertinent
to the topic project team staff, and the City Project Manager; twelve (12) meetings are assumed.
Meetings will occur virtually via telephone or Microsoft Teams.
➢ Assume twelve (12) monthly invoices/status reports.
➢ Decision log will be a Microsoft Excel file with access provided to the consulting team and City staff.
Task 2 — Permitting
Objective
Develop supporting documentation for permit applications required for project construction.
Consor • August 2024 • Ruby Creek Lift Station Final Design • City of Port Orchard
Scope of Services • 3 82
Activities
2.1 Permitting Matrix
Prepare a permitting matrix of anticipated permits and approvals required for the Project
2.2 SEPA Checklist
Prepare and submit SEPA Checklist following 75% design submittal.
2.3 Stormwater Drainage Permit
Prepare and submit Stormwater Drainage Permit, including stormwater drainage report and stormwater
pollution prevention plan (SWPPP).
2.4 Major Land Disturbing Activity Permit (LDAP)
Prepare and submit LDAP.
2.5 Right of Way (ROW) Permit
Prepare and submit ROW Permit.
Task Deliverables
➢ Permit Matrix
➢ Draft and final SEPA Checklist
➢ Draft and final Stormwater Drainage permit, including stormwater drainage report and SWPPP
➢ Draft and final LDAP
➢ Draft and final ROW permit
Assumptions
➢ Permits will be submitted to the City for review and routing.
➢ Wetlands, streams, and their buffers are not anticipated to conflict with the Ruby Creek Lift Station
30% design configuration.
➢ The SEPA Checklist will receive a Determination of Non -Significance.
➢ Additional permitting activities are associated with subconsultant services in Task 4, including building
permit and electrical service application.
➢ Electrical permit will be obtained by the contractor during construction.
Consor • August 2024 • Ruby Creek Lift Station Final Design • City of Port Orchard
Scope of Services • 4 83
Task 3 — Final Design
Objective
Develop the Ruby Creek Lift Station preliminary design to 75%, 100%, and bid document levels of
completion. Anticipated drawings for the final design plan set are provided as Exhibit C.
Activities
3.1 Pump Comparison Memorandum Amendment
Revisit and revise the Pump Comparison Memorandum prepared by Consor during the preliminary design
portion of the project to reflect current City Staff preferences.
3.2 75% Design
Develop the Ruby Creek Lift Station preliminary design from 30% level to approximately 75% completion.
Provide approximately 26 of 54 construction drawings in the 75% Design Submittal for the General, Erosion
Control, Civil, Structural, Mechanical, Process and Instrumentation Diagrams (P&IDs), and Electrical and
Instrumentation and Controls (E&IC) design disciplines. The 75% Design Submittal to include construction
drawings, specifications, 75% Engineer's Opinion of Probable Construction Cost (OPCC) (AACE International
Class 2 with an expected accuracy range of -5% to +20%), and updated project schedule.
3.3 100% Design
Develop the Ruby Creek Lift Station 75% design to 100% completion. Provide 54 of 54 construction
drawings in the 100% Design Submittal for the General, Erosion Control, Civil, Structural, Mechanical,
P&IDs, E&IC design disciplines. The 100% Design Submittal to include construction drawings, specifications,
100% Engineer's OPCC (AACE International Class 1 with an expected accuracy range of -3% to +15%), and
updated project schedule.
3.4 Final Contract Documents
Develop the Ruby Creek Lift Station 100% design to final Contract Documents to be used for bidding. The
Contract Documents to include construction drawings, specifications, and final Engineer's OPCC.
Deliverables
➢ Meeting agendas, notes, and supporting materials, draft and final in PDF format.
➢ Updated version of the Pump Comparison memorandum (delivered during 30% design) detailing
pump options for the Ruby Creek Lift Station, draft and final in PDF format.
➢ The 75% submittal includes design plans, technical specifications for major equipment, OPCC and
construction schedule in PDF format.
➢ The 100% submittals include design plans, contract documents, OPCC and construction schedule
in PDF format.
➢ Final Contract Documents include design plans, contract documents, and OPCC in PDF format.
Assumptions
➢ City Involvement:
Consor • August 2024 • Ruby Creek Lift Station Final Design • City of Port Orchard
Scope of Services • 5 84
o Review design deliverables, workshop agendas and meeting notes.
o City will provide a single set of consolidated review comments on deliverables within two
(2) weeks of submittal.
o Coordinate site access for field reconnaissance with Consor and subconsultants.
➢ Provide Washington Professional Engineer's Stamp with signature and date on final bid ready
edition of the contract documents.
➢ Consor will conduct up to two (2) design development meetings with the City staff over the course
of the Final Design task. These meetings will be held to discuss key concepts and review the 75%
and 100% deliverables. These meetings will be held virtually. These meetings are assumed to be
one (1) hour each and will review the consolidated City review comments.
➢ City distributes all design review packages and bid documents for the project.
➢ The current CSI MasterFormat specifications to be used.
➢ Architectural services for the building are not included in the project.
Task 4 — Subconsultants
Objective
Provide for the specialty services provided by Consor subconsultants for the project.
Activities
4.1 Electrical, Instrumentation, and Controls Engineering Services
See attached Exhibit D for electrical, instrumentation, and controls engineering services provided by
Industrial Systems.
4.2 Structural Engineering Services
See attached Exhibit E for structural engineering services provided by CG Engineering.
4.3 Environmental Permitting Services
See attached Exhibit F for environmental permitting services provided by Landau Associates.
4.4 Geotechnical Engineering Services
See attached Exhibit G for geotechnical engineering services provided by Sage Geotechnical.
4.5 Surveying Services
See attached Exhibit H for surveying services provided by AES Consultants.
4.6 Cultural Resource Services
See attached Exhibit I for cultural resource services provided by ASM Affiliates.
Consor • August 2024 • Ruby Creek Lift Station Final Design • City of Port Orchard
Scope of Services • 6 85
Deliverables
➢ See attached subconsultant Scopes of Services.
Assumptions
➢ See attached subconsultant Scopes of Services.
Task 5 — Unanticipated Services
Objective
Unanticipated services authorized under this task are at the City's discretion. Consor will provide scope and
fee estimate for additional services requested by the City and will commence work only when written
authorization is provided by the City.
Project Schedule
Consor will begin work on the project upon receiving Notice to Proceed. A preliminary project schedule is
shown in the following table. Bid Period and Construction Period services are outside of Consor's scope;
timelines for Bid Period and Construction Periods given are estimates and contingent upon Kitsap Transit
project schedules.
Notice to Proceed October 2024
Supplemental Survey, Supplemental
Geotechnical Investigation, and October— November 2024
Supplemental Cultural Resources Study
75% Design
November 2024 — February 2025
Permitting
February 2025 — October 2025
Final Design
February 2025 — November 2025
Bid Period
November 2025
Contractor Award
December 2025
Construction
January 2026 — December 2026
Budget
Payment will be made at the Billing rates for personnel working directly on the project, which will be made
at the Consultant's Hourly Rates, plus Direct Expenses incurred. Billing rates are as shown in the following
table. Subconsultants will be charged at actual costs plus a 10 percent fee to cover administration and
overhead. Direct expenses will be paid at the rates shown in the table below. The detailed Fee Estimate is
included as Exhibit B.
Consor • August 2024 • Ruby Creek Lift Station Final Design • City of Port Orchard
Scope of Services • 7 86
ZC24 SCHEDULE OF CHARGES
Personnel:
Labor will be invoiced by staff tlassificatlon at the following hourly rakes, which are valid from January 1, 2424
through December 31, 2024. After this period, the rates are subject to adjustment.
Billing Classifications
2024 Rates
Billing Classifications
2024 Rates
Principal Engineer VI
$3SS
Construction Mar q& X
$314
Principal Engineer V
$134
Construction Manager IX
$292
Principal Engineer IV
$316
Construction Manager VI II
$276
Principal Engineer III
$298
Construction Manager VI 1
$266
Principal Engineer II
$281
Construction Manager Vf
$247
Prindpai Engineer I
$267
Construction Manager V
$228
Professional Engineer 1X
$257
Construction Manager IV
$216
Engineering Designer 1X
$249
Construction Manager III
$197
ProfessJonal Engineer Vill
$244
Construction Manager II
$182
Engineering Designer Vill
$237
Construction Mawger 1
$154
Professional Engineer Vil
$233
Qua I ity Control Compliance Specialist
$190
Engineering Designer VII
S225
Inspector VII
$228
Professionai Engineer VI
$222
lnspector VI
$210
Engineering Designer VI
$211
inspector V
$190
Professional Engineer V
$21D
Inspector IV
$176
Engineering Designer V
$203
Inspector 111
$156
Professional Engineer IV
$198
Inspector 11
$142
Engineering Designer IV
$194
Inspector 1
$122
Professional Engineer III
5191
Technician IV
$191
Engineering Designer 111
$191
Technician III
$174
Engineering Designer II
$la0
Technician 11
$151
Engineering Designer 1
$169
Technician 1
$133
Principal III
$361
Project Coordinator IV
$185
Principal It
$323
Project Coordinator IIf
$158
Principal 1
$287
Protect Coordinator 11
$151
Project Manager IV
$271
Project Coordinator 1
$139
Project Manager III
$254
Administrative III
$139
Project Manager II
$226
Administrative II
$122
Project Manager I
$19$
Administrative 1
$114
Cost E$tiMatar 111
$301
Cost Estimator II
$244
Cost Estimator 1
$185
Project Expenses:
Expenses incurred that are directly attributable to the project will he invoiced at actual cast. These expenses
include the following:
CADD Hardware/Software $18,UO/hour
Mode ing and 015 ttardwarej5oftware 51 U01hour
Mileage Current IRS Rate
Postage and Delivery Services At Cost
Printing and Repfoduction At Cost
Travel, Lodging, and Subsistence At Cost
Outside Services:
outside technical, professional, and other services will be Invoiced at actual cost-plus 10 percent to Cover
administration and overhead.
Consor • August 2024 • Ruby Creek Lift Station Final Design • City of Port Orchard
Scope of Services • 8
87
I
M.
EXHIBIT C - PRELIMINARY DRAWING LIST
75% Design
100% Design
Bid Documents
26
54
54
SHEET NO.
SHEET
GENERAL
1
G-001
COVER SHEET
X
X
X
2
G-002
SHEET INDEX AND AREA DESIGNATIONS
X
X
3
G-003
SYMBOLS AND LEGEND
X
X
4
G-004
ABBREVIATIONS
X
X
5
G-005
GENERAL NOTES AND DESIGN CRITERIA
X
X
X
6
G-006
EXISTING SITE PLAN
X
X
X
EROSION CONTROL
7
E-001
TESC NOTES AND PLAN
X
X
X
8
E-002
TESC DETAILS
X
X
CIVIL
9
C-001
CIVIL NOTES
X
X
X
10
C-002
SITE AND YARD PIPING PLAN - 1
X
X
X
11
C-003
SITE AND YARD PIPING PLAN - 2
X
X
12
C-004
INFLUENT SEWER PLAN AND PROFILE-1
X
X
X
13
C-005
INFLUENT SEWER PLAN AND PROFILE-2
X
X
14
C-006
FORCE MAIN PLAN AND PROFILE -1
X
X
X
15
C-007
FORCE MAIN PLAN AND PROFILE - 2
X
X
16
C-008
CIVIL DETAILS-1
X
X
17
C-009
CIVIL DETAILS-2
X
X
18
C-010
CIVIL DETAILS-3
X
X
STRUCTURAL
19
5-001
ABBREVIATIONS, GENERAL NOTES & SYMBOLS
X
X
X
20
5-002
STRUCTURAL NOTES
X
X
21
5-003
STRUCTURAL PLAN - 1
X
X
X
22
5-004
STRUCTURAL PLAN - 2
X
X
X
23
5-005
STRUCTURAL SECTIONS-1
X
X
24
5-006
STRUCTURAL SECTIONS-2
X
X
25
5-007
STRUCTURAL DETAILS-1
X
X
26
5-008
STRUCTURAL DETAILS-2
X
X
PROCESS
27
D-001
ABBREVIATIONS, GENERAL NOTES & SYMBOLS
X
X
X
28
D-002
MECHANICAL EQUIPMENT SCHEDULES
X
X
29
D-003
MECHANICAL PLAN - 1
X
X
X
30
D-004
MECHANICAL PLAN - 2
X
X
X
31
D-005
MECHANICAL SECTIONS
X
X
X
32
D-006
MECHANICAL DETAILS-1
X
X
33
D-007
MECHANICAL DETAILS-2
X
X
34
D-007
MECHANICAL DETAILS-2
X
X
ELECTRICAL
35
E-001
ELECTRICAL SYMBOLS AND ABBREVIATIONS
X
X
X
36
E-002
EI&C NOTES
X
X
X
37
E-003
ONE -LINE DIAGRAM
X
X
X
38
E-004
ELECTRICAL PLAN
X
X
X
39
E-005
CABLE SCHEDULE
X
X
40
E-006
LIFT STATION ELEVATION
X
X
41
E-007
DISCONNECT PANEL
X
X
42
E-008
ELECTRICAL DETAILS-1
X
X
X
43
E-009
ELECTRICAL DETAILS-2
X
X
X
44
E-010
MCC DIAGRAM
X
X
X
INSTRUMENTATION
45
I-001
SYMBOLS AND ABBREVIATIONS
X
X
X
46
I-002
P&ID
X
X
X
47
I-003
CONTROL PANEL LAYOUT-1
X
X
X
48
I-004
CONTROL PANEL LAYOUT-2
X
X
X
49
I-005
CONTROL PANEL WIRING AND NETWORK DIAGRAM
X
X
50
I-006
DISCRETE INPUT 1 WIRING DIAGRAM
X
X
51
I-007
DISCRETE INPUT WIRING DIAGRAM
X
X
52
I-008
DISCRETE OUTPUT WIRING DIAGRAM
X
X
53
I-009
ANALOG INPUT WIRING DIAGRAM
X
X
54
I-010
ANALOG OUTPUT WIRING DIAGRAM
X
X
89
EXHIBIT D
Erika Schuyler August 27, 2024
Consor
600 University Street, Suite #300
Seattle, WA 98101
Subject: Port Orchard Ruby Creek Lift Station Final Design — Rev 1.0
Dear Erika,
Industrial Systems, Inc. is pleased to provide you with the following proposal for Electrical and
Control System Design Services. As always, we look forward to working with you on this
project.
Summary:
Consor and Industrial Systems have recently completed a preliminary design for the Ruby Creek
Lift Station for the City of Port Orchard, WA. The plan is to now move to 75% design, followed by
100% design and bid documents.
This scope of work seeks to define the electrical and control system design required for a final
design. This includes drawing and specification preparation. It also includes utility coordination
and an opinion of cost to construct. The preliminary design will be used as a basis for completing
this design.
Scope of Work:
1. Coordination with Puget Sound Energy for a new electrical service.
2. Provide electrical and controls system design to support the new lift station. This
effort will produce a 100% signed design for the electrical and control system.
This design includes a new electrical service, site electrical, building electrical and
site/building lighting, instrumentation, and control system design.
Deliverables:
1. Electrical and Control Drawings at 75% and Final
2. Division 26 and 40 Specifications, at 75% and Final
3. Opinion of cost to construct 75% and Final
12119 NE 99th St. Suite 2090 Vancouver, WA 98682
Voice: (360) 718-7267 Fax: (360) 952-8958
OR CCB# 196597 • WA #INDUSS1880K9
AK #1018436
90
August 27, 2024
P24.74: Port Orchard Ruby Creek Lift Station Final Design — Rev 1.0
Page 2 of 4
Assumptions:
1. The design approach will be based on the preliminary design.
2. A mutually agreeable schedule will be negotiated for completion of this work.
3. Drawings and specifications will be submitted at 75% and 100% in PDF format.
4. Specifications to be provided in 50 division CSI format.
5. All required backgrounds will be provided in DWG format.
6. Any fading, shading or lightening of information on drawings to serve as
backgrounds will be completed by the client prior to providing such drawings for
our use.
7. Modifications required to DWG files make them suitable for use as backgrounds
for our work will be completed on a T&M basis in addition to the fee estimated
herein.
Exclusions:
1. Services during bidding
2. Services during construction
3. Deliverables not defined herein
4. Multiple iterations of the E, I&C system design
5. Services not specifically listed herein
6. Site visits other than listed above
Fee Proposal:
Industrial Systems, Inc. proposes to provide the services and materials listed above on a T&M
basis. The fees shall be as listed in the summary below and include an estimate for Travel &
Expenses.
EstimatedCost............................................................................................................ $32,372.00
Terms shall be as stated in the November 22, 2022, Master Services Subconsultant Agreement
No. W22064068 between Consor and Industrial Systems, Inc.
For the purpose of time and material work and any hourly work agreed to beyond this scope, the
enclosed billing rates shall be considered as our standard rates. Our standard rates shall be
subject to annual revision.
Multi -year projects are subject to annual rate increases and contract amount escalations of up to
5% per year. Please feel free to call with any questions that you might have. Again, we look
91
August 27, 2024
P24.74: Port Orchard Ruby Creek Lift Station Final Design — Rev 1.0
Page 3 of 4
forward to working with you on this project.
?le ZUa&& 8/27/2024
Mike Wallis Date Consor Date
Enclosures: Rate Schedule
12119 NE 991h Street
Suite #2090
Vancouver, WA 98682
Phone: (360) 718-7267 Fax: (360) 952-8958
Email: is(r is-inc.com
2024 RATE SCHEDULE
PRINCIPAL........................................................................$220 /HR
PROJECT MANAGER.........................................................$199 /HR
SENIOR DESIGN/PROGRAMMING STAFF.............................$176 /HR
DESIGN / PROGRAMMING STAFF........................................$163 /HR
JUNIOR DESIGN/PROGRAMMING STAFF..............................$134 /HR
TECHNICIAN....................................................................$117 /HR
DRAFTING..........................................................................$88 /HR
CLERICAL...........................................................................$70 /HR
MILEAGE AND OTHER EXPENSES............................................COST PLUS 20%
(The 2024 IRS allowable mileage rate is assumed to be $0.67/mile)
Expires: 12/31/24 - Subject to revision after this date
RATE SHEET 93
C �
ENGINEERING
August 27, 2024
EXHIBIT E
civil & structural
engineering & planning
Consor
Erika Schuyler, PE, PMP, Vice President, Water
600 University Street, Suite 300
Seattle, WA 98101
206.462.7030
erika.schuyler@consoreng.com
Project
City of Port Orchard
Ruby Creek Lift Station
Port Orchard, WA 98367
Scope of Work
CG Engineering previously provided preliminary structural engineering design for the Ruby Creek Lift
Station. This current scope of work includes the final design, as well as building permit procurement.
The proposed structures include a 11'-4" x 17'-4" control building, a generator support slab, and a diesel
pump support slab. The above -grade control building will consist of CMU perimeter walls, a wood rafter
roof, and a concrete foundation. The support slabs will consist of reinforced concrete slabs on grade.
As part of final design, CG Engineering will provide structural drawings consisting of structural notes,
schedules, plans, sections, and details of the structural conditions. In addition, structural specifications
and cost estimates will be provided for the 75%, 100%, and bid set submittals. We have included time in
the scope of work for up to (2) virtual team meetings.
CG Engineering will prepare, coordinate, and manage the building permit application process for the on -
site structures. We assume that non-structural elements, such as energy code and ventilation
calculations, will be supplied by other members of the design team as part of a coordinated submittal.
We will respond to the building department comments as required to obtain a building permit. We
assume that permit fees will be paid by the client or owner.
Structural Design Fee = $14,790.00 (NTE)
Assumptions
• Construction support services are not included in this scope of work.
• Bid support services are not included in this scope of work.
• AutoCad compatible floor and site plans will be provided for our use.
Shoring, if required, will be the contractor's responsibility as part of bidder design. Shoring design and
drawings are not part of this scope of work.
The design of site walls, detention vaults, or other site structures are not included in this scope of
work unless specifically noted.
250 4th Avenue South, Suite 200
Edmonds, WA 98020
ph.425.778.8500 1 f.425.778.553C
www.cgengineering.com 94
City of Port Orchard Ruby Creek LS
CG Engineering
August 28, 2024
Page 2 of 2
2024 Schedule of Charges
Personnel Charges
Hourly Rate
Managing Principal
$250.00
Principal
$235.00
Associate Principal
$220.00
Project Manager
$205.00
Structural Engineer III
$175.00
Structural Engineer II
$155.00
Structural Engineer 1
$115.00
Civil Engineer III
$175.00
Civil Engineer II
$145.00
Civil Engineer 1
$115.00
Planner III
$175.00
Planner II
$145.00
Planner 1
$115.00
CAD Drafter III
$135.00
CAD Drafter II
$115.00
CAD Drafter 1 $95.00
Clerical $90.00
These rates are subject to change on a yearly basis.
C 4CM
ENGINEERING
250 4th Avenue South, Suite 200
Edmonds, WA 98020
ph.425.778.8500 1 f.425.778.5536
www.cgengineering.com
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EXHIBIT F
LALANDAU
A S S O C I A T E S
August 27, 2024
Transmitted via email to: erika.schuyler@consoreng.com
Consor
600 University Street, Suite 300
Seattle, Washington 98101
Attn: Erika Schuyler, PE
Re: Proposed Scope of Services and Cost Estimate
Environmental Permitting Support
Ruby Creek Lift Station
City of Port Orchard, Washington
Dear Erika:
Landau Associates, Inc. (Landau) is pleased to provide Consor with this proposal for environmental
permitting support for the above -referenced project. This proposal has been developed based on
discussions with and information provided by Consor, as well as Landau's experience with similar
projects.
BACKGROUND INFORMATION
Landau understands that the City of Port Orchard (City) is proposing a new sewer lift station adjacent
to Sidney Road south of Ruby Creek. The lift station is needed to provide for a new Kitsap Transit Park
and Ride facility and other developments in the area. The station is envisioned to include a wet well
with two submersible pumps, a backup diesel powered pump, a generator, instrumentation and
controls housed in a block building with metal roof, and sewer piping, including a section of 10-inch
force main in Sidney Road. A wetland and stream report has been completed for the site by
Confluence Environmental Company in support of other proposed site improvements by Kitsap
Transit.
PROPOSED SCOPE OF SERVICES
The following tasks define Landau's proposed scope of services regarding environmental permitting
support for the proposed project.
Task 1. Wetland/Waterway Critical Areas Report
Landau will prepare a wetland/waterway critical areas report detailing proposed impacts and required
mitigation. Landau will conduct a site reconnaissance to document existing site conditions and
SEATTLE
155 NE 100th Street, Ste 302, Seattle, WA 98125 T 206.631.8680
landauinc.com
97
Proposal: Consor/ City of Pt Orchard Ruby Creek Lift Station
August 27, 2024
calculate impacts to wetland/waterway buffers based on the 60 percent project plans. Impacts will be
calculated in AutoCAD and summarized in the critical areas report described below.
Landau will determine adequate impact avoidance measures and will develop a conceptual
compensatory mitigation plan for unavoidable impacts to wetland/waterway buffers. A conceptual
mitigation plan will be developed by Landau to compensate for impacts to wetland/waterway buffers
in accordance with the City of Port Orchard Critical Areas Ordinance. The conceptual mitigation will be
limited to a restoration planting plan, as necessary.
Landau will prepare a draft critical areas report in accordance with the standards of the City and other
applicable regulatory agencies. The report will include information from the wetland and waterway
delineation completed by Confluence Environmental Company and incorporate any necessary
mitigation. This will include the following:
• The size and rating of each wetland and waterway
• A scaled site map showing the locations of wetland/waterway boundaries and buffers, locations
of wetland data plots, and site topography
• A description of potential impacts to wetland/waterway buffers
• A conceptual mitigation planting plan (equivalent to 60 percent design level), including
mitigation goals, objectives, and performance standards, a timeline for mitigation monitoring
and reporting, and contingency plans, as necessary.
The draft critical areas report will be provided for review and comment by Consor and the City.
Comments will be reviewed and incorporated into a final critical areas report.
Assumptions
• Wetland and waterway survey files will be provided to Landau; no additional delineation efforts
are included in this scope of work.
• Project impacts are limited to temporary wetland/waterway buffer impacts; direct impacts to
wetlands and waterways will be avoided.
• Consor will coordinate with the City to review and provide input regarding the potential impact
avoidance and minimization measures identified by Landau.
• Technical specifications will not be required as part of the critical areas report and/or
conceptual design.
• Mitigation can be accommodated onsite, within the project limits.
• Sixty percent design plans, provided by Consor, will contain sufficient detail for Landau to
calculate impacts to wetland/waterway buffers and to develop conceptual mitigation plans.
Deliverables
Landau will provide electronic copies of the draft and final wetland/waterway critical areas
report.
landauinc.com
W.
Proposal: Consor/ City of Pt Orchard Ruby Creek Lift Station
August 27, 2024
Task 2. SEPA Checklist Support
Landau will assist Consorduring preparation of the SEPA Checklist for the project. Our budget for this
task assumes a relatively limited level of effort to support Consor during preparation of the SEPA
Checklist and to review/comment on the project's effects on elements of the environment.
Assumptions
• The SEPA checklist will be provided to Landau in Microsoft Word format
Deliverables
• Landau will return the SEPA checklist with comments and edits saved in track changes.
Task 3. Agency Coordination
Landau will request a pre -application meeting with representatives from the City. During the meeting,
Landau will describe the proposed project, potential impacts, and mitigation measures, and work with
the City to determine project -specific application/permitting requirements. This task includes
attendance by two Landau scientists at one 1-hour meeting. Following the pre -application meeting,
Landau will prepare a meeting summary and provide it to attendees.
When the agency returns comments on the project application, Landau will help Consor and the City
prepare responses as requested.
Assumptions
• Representatives from Consor will be available to attend the pre -application meeting and address
technical/engineering elements of the project.
• Meetings will be held virtually or via teleconference. Onsite meetings are not included in this
task.
• Onsite meetings are not included in this task; agency coordination will be limited to
email/teleconference.
• Agency coordination is limited to 8 hours of Senior Associate time.
Deliverables
• An electronic (PDF, Microsoft Word, or email) copy of draft and final meeting summary.
• Landau will provide agency coordination via email and teleconference.
COST ESTIMATE
Landau estimates the cost for the proposed scope of services described herein will be $21,200, in
general accordance with the following breakdown:
3
landauinc.com
Proposal: Consor/ City of Pt Orchard Ruby Creek Lift Station
August 27, 2024
Task Estimate
Task 1. Wetland/Waterway Critical Areas Report $15,800
Task 2. SEPA Checklist Support 1 $1,800
Task 3. Agency Coordination 1 $3,600
Total Estimated Fee 1 $21,200
Landau proposes to provide the above -described services on a time -and -expenses basis according to
the budget set forth above and the attached compensation schedule. It is possible that the level of
effort actually required to complete a specific scope item will differ from that currently assumed and
Landau may need to reallocate authorized budget among the various tasks or request additional
budget to meet the needs of the project. In the event that project requirements change, or
unexpected conditions are disclosed that appear to require further field effort, study, or analysis,
Landau will bring these to your attention and seek your written approval for an addendum to the
scope of services and costs prior to performing additional services.
AUTHORIZATION
To authorize Landau's services, please prepare a subconsultant services agreement consistent with
previous agreements between Consor and Landau.
CLOSING
We appreciate the opportunity to work with Consor and the City of Port Orchard on this project. If
you have questions, please contact the undersigned.
LANDAU ASSOCIATES, INC.
Steven J. Quarterman
Senior Associate Ecologist
SJQ/BMB/tmh
[\\EDMDATA02\PROPOSALS\C_PORT ORCHARD\2024-07 RUBY CREEK FINAL DESIGN\PRO\LANDAU C_PTORCHARD RUBYCK PROPOSAL.DOCX]
Attachment: Compensation Schedule
4
landauinc.com
100
LALANDAU
A S S O C I A T E S
COMPENSATION SCHEDULE-2024
Personnel Labor
Hourly Rate
Senior Principal
365
Principal
335
Senior Associate
300
Associate
275
Senior
250
Senior Project
230
Project
210
GIS Analyst / CAD Designer
210
Senior Staff
190
Staff / Senior Technician II
175
Data Specialist
175
CAD / GIS Technician
160
Project Coordinator
145
Assistant /Senior Technician 1
130
Technician
115
Support Staff
100
Expert professional testimony or the preparation thereof for court, deposition, declaration, mediation,
arbitration, or public testimony is charged at 1.5 times the hourly rate.
Rates apply to all labor, including overtime.
Equipment
Field, laboratory, and office equipment used in the direct performance of authorized work is charged at unit
rates. A rate schedule will be provided on request.
Subcontractor Services and Other Expenses
Subcontractor billing and other project expenses incurred in the direct performance of authorized routine
services will normally be charged at a rate of cost plus a twelve percent (12%) handling charge. A higher
handling charge for technical subconsultants and for high -risk field operations may be negotiated on an
individual project basis; similarly, a lower handling charge may be negotiated on projects requiring
disproportionally high subconsultant involvement.
Invoices
Invoices for Landau Associates' services will be issued monthly. Interest of 1%2 percent per month (but not
exceeding the maximum rate allowable by law) will be payable on any amounts not paid within 30 days.
Term
Unless otherwise agreed, Landau Associates reserves the right to make reasonable adjustments to our
compensation rates over time (e.g., long-term continuing projects).
T: Templates\Contracts\2024 Compensation Sc he dule I andau i nc.com
101
EXHIBIT G
k9AG.h
GLOTECHNICAL
August 27, 2024
Transmitted via email to: erika.schuyler(&consoreni!.com
Consor North America, Inc.
600 University Street, Suite 300
Seattle, WA 98101
Attn: Mrs. Erika Schuyler, PE, PMP, Vice President
Re: Proposal for Geotechnical Engineering Services
Ruby Creek Lift Station
Port Orchard, Washington
Dear Mrs. Schuyler:
Sage Geotechnical, LLC (Sage) is pleased to submit this proposal for geotechnical engineering
services in support of the Ruby Creek Lift Station project in Port Orchard, Washington (site). This
proposal was prepared with information provided by Consor North America, Inc. (Consor, project
civil engineer).
PROJECT UNDERSTANDING
The City of Port Orchard (City, project owner) proposes to construct a lift station directly across
the street from 5142 Sidney Road Southwest. The lift station will consist of an approximately 25-
foot-deep wet well, a control building, and valve and meter vaults. An approximately 140-ft-long
segment of gravity sewer line and a 150-ft-long force main will connect the proposed lift station to
a sewer line within Sidney Road Southwest. Other proposed site improvements include an access
road and parking area.
Sage understands that the site is likely underlain by impermeable alluvium; stormwater runoff will
most likely be detained and routed to an appropriate system.
PROPOSED SCOPE OF SERVICES
Sage's proposed scope of services includes the following tasks.
Task 1. Project Management and Administration
Task 1 includes general project management services, such as project startup, progress reporting,
coordination with the City and/or Consor, and meeting attendance.
Assumptions
• Sage has budgeted 4 hours for meeting attendance. Sage assumes that meetings can be
attended via teleconference.
Olympia, WA Sage Geotechnical.com
102
Ruby Creek Lift Station
August 27, 2024
Task 2. Field Investigation and Laboratory Testing
Task 2 includes completion of geotechnical field explorations and laboratory testing. Sage will:
• Review readily available geologic and geotechnical data for the site and the surrounding area.
• Contact the Washington Utilities Coordinating Council's "One Call" locating service to
identify underground utilities at the proposed exploration locations. Sage will also
subcontract a private utility -locating service to identify conductible utilities located outside of
public easements.
• Explore subsurface soil and groundwater conditions at the site by advancing two borings.
One of the borings will be advanced near the proposed wet well to 50 ft below ground
surface (bgs). The second boring will be advanced near the proposed gravity sewer line and
will extend 25 ft bgs. Sage will monitor the explorations, collect representative soil samples,
and maintain detailed logs of the subsurface conditions observed. Sage will subcontract the
drill rig and operator.
• Install a groundwater monitoring well as deep as 30 ft bgs in the boring near the proposed
wet well. Sage will install a pressure transducer to monitor groundwater levels for up to 6
months, downloading groundwater data and collecting manual measurements monthly.
• Perform geotechnical laboratory testing on select soil samples obtained from the
explorations. Sage has budgeted for 14 combined grain size analyses and hydrometer tests
and 14 moisture content determinations.
Assumptions
• Consor or the City will provide Sage with access to the site.
• City right-of-way permits will be waived or provided at no cost to Sage.
• The field exploration program can be completed during standard business hours (i.e., no
weekend and/or nighttime drilling will be required).
• The site is free from hazardous soil, groundwater, and other materials.
• Decommissioning of the monitoring well is excluded from this scope of services. If needed,
decommissioning by a licensed driller should be included as a bid item in the project plans
and specifications.
Task 3. Geotechnical Analysis and Reporting
Task 3 includes geotechnical analysis and preparation of a technical memorandum and
geotechnical data report. Sage will:
• Discuss near -surface soil and groundwater conditions at the site.
• Provide grain size data that the contractor can use to design a dewatering system.
• Provide recommendations for earthwork and grading, including criteria for temporary
excavations, subgrade preparation, reuse of site materials as structural fill, and structural fill
placement and compaction.
• Recommend lateral earth pressures that can be used to design new underground structures.
Sage Geotechnical.com
103
Ruby Creek Lift Station
August 27, 2024
• Discuss uplift concerns for buried structures installed below the groundwater table and
provide recommendations for resisting uplift.
• Provide recommendations for shallow foundation support, including allowable soil bearing
pressure and settlement estimates.
• Provide a seismic site class that can be used to complete seismic design.
• Discuss potential seismic risks at the site, including soil liquefaction, lateral spreading, and
surface fault rupture.
• Provide recommendations for standard- and heavy-duty, impervious asphalt pavement
sections.
• Assess if geologically hazardous areas are present at the site and address related Kitsap
County Municipal Code requirements.
A draft memorandum will be submitted for the design team's review and comment. Comments will
be addressed, and following the completion of groundwater monitoring, Sage will issue a final
memorandum, signed and sealed by the project engineer. A geotechnical data report for inclusion
in construction bid documents will be submitted alongside the final memorandum.
Assumptions
• Design of ground improvement or deep foundation support to mitigate potential seismic risks
at the site are excluded.
• Highly compressible soils (e.g., peat) are not present at the site.
COST ESTIMATE
Services will be provided on a time -and -materials basis for a not -to -exceed budget of $35,016, as
detailed in the attached budget breakdown. Sage will not exceed its budget without Consor's
written approval.
SCHEDULE
Drilling can be completed within 6 weeks of receiving written notice to proceed. The proposed
drilling schedule will depend on subcontractor availability. The draft technical memorandum will
be issued 4 weeks after drilling has been completed. Sage will submit the final memorandum and
geotechnical data report within 1 week of receiving final comments on the draft.
AUTHORIZATION
To authorize Sage's services, please prepare a subconsultant agreement for review and approval.
Sage Geotechnical.com
104
Ruby Creek Lift Station
August 27, 2024
CLOSING
We appreciate the opportunity to submit this proposal and anticipate its favorable review. If you
have questions or comments, please contact Calvin McCaughan at 253.306.2362 or at
calvinm@sagegeotechnical.com.
SAGE GEOTECHNICAL, LLC
C��
Calvin McCaughan, PE
Principal Engineer
Annabel Irwin, PE
Senior Engineer
AMUCAM
[HTTPS://SAGEGEOTECHNICAL.SHAREPOINT.COWSITES/SAGEGEOTECHNICAL/SHARED DOCUMENTS/PROPOSALS/CITY OF PORT ORCHARD/2024-07_RUBY CREEK
LIFT STATION/RUBY CREEK LIFT STATION PROPOSAL FOR GEOTECHNICAL SERVICES 8.27.24.DOCX]
Attachment: Budget Breakdown
Sage Geotechnical.com
105
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106
EXHIBIT H
A E S
CONSULTANTS, INC. PROFESSIONAL LAND SURVEYORS
P.O. BOX 930 • 3472 N.W. LOWELL "OLD TOWNE"
SILVERDALE, WASHINGTON 98383
360-692.6400 • FAX 360-692.8927
August 23, 2024
Erik Schuyler
Consor
888 SW 5ch Ave, Suite 1170
Portland, OR 97204
RE: City of Port Orchard Ruby Creek Lift Station Final Design
Erika
We are pleased to submit the following scope of work and cost proposal for the above
referenced project. We appreciate the opportunity to work with your firm again and look
forward to being a member of the design team. Please feel free to give me a call if you
have any questions.
Sincerely,
Gary Chapman, PLS
President
107
A E S
CONSULTANTS, INC. PROFESSIONAL LAND SURVEYORS
P.O. BOX 930 • 3472 N.W. LOWELL "OLD TOWNE"
SILVERDALE, WASHINGTON 98383
360-692.6400 • FAX 360-692.8927
Prepare Topographic Survey
Understanding
There is an existing topographic survey of the site location prepare by LDC from 2022
which has been utilized as the basis for the 30% design. Our task will be to supplement
this initial survey to pick up additional topography details within the proposed lift station
site.
Datums
The horizontal Datum proposed is NAD83/91, Washington State Plane, North Zone.
Vertical Datum will be North American Vertical Datum 1988, NAVD88. To provide a
seamless transition of topography data we will utilized the survey control shown on the
LDC survey. We will verify the project datum proposed and adjust to the existing
survey control to reduce/eliminate data errors.
Topography limits
The topography will be limited to the immediate area proposed as the Lift Station site and
will extend at least 25 feet beyond the proposed site locations. Along the frontage road
of Sidney Road the topography will extend at least 50 feet North and South of the
proposed lift station site to incorporate potential piping connections.
Topography data
Prepare a topographic survey of the site and road right of ways fronting the site. The
topography will include F contour elevations, existing improvements such as buildings,
paving, walls, fences, trees 8" dbh, surface utilities and underground utility paint
markings.
Assumptions
The survey will be based upon the previous LDC survey utilizing the site control points
identified on this survey to ensure the project survey transitions completely.
Underground utilities will be located by private utility locating contractor utilizing radio
frequency devices for conductible utilities. Those utilities not locatable by this method
will not be located.
108
A E S
�� CONSULTANTS, INC.
PROFESSIONAL LAND SURVEYORS
P.O. BOX 930 • 3472 N.W. LOWELL "OLD TOWNE"
SILVERDALE, WASHINGTON 98383
360-692.6400 • FAX 360-692.8927
The survey will not relocate Wetlands or Stream ordinary high water lines. This
information is on the existing survey and will be utilized to determine the setback lines
which will become the limits of the project survey.
Deliverables
Pdf copies of the completed survey along with the AutoCAD Civil3D drawing file.
Costs
Our cost to complete this survey is $4,800.
109
EXHIBIT I
ASURNM A fim �4 IL OL
M
.
Archaeokogy • History • Ethnography • Architectural History
Proposal to Conduct a Cultural Resource
Assessment
Ruby Creek Lift Station Project
September 3, 2024
Prepared bar:.
ASM Affiliates
26231 72nd Ave NW
Stanwood, WA 98292
Prepared for:
Erika Schuyler, PE, PMP
Vice President, Water
Consor
600 University Street, Suite #300
Seattle, WA 98101
Dave Iversen, Director
diversen@asmaffiliates.com
110
September 3, 2024
Erika Schuyler
Page 2 of 3
Project Introduction
ASM Affiliates (ASM) will conduct a cultural resources assessment for the Ruby Creek Lift Station Project,
Port Orchard, Kitsap County, Washington. All services will be provided in accordance with the Washington
State Department of Archaeology and Historic Preservation (DAHP) guidelines, and managed by ASM's
archaeologists, architectural historians, and/or historians who exceed the Secretary of the Interior's Professional
Qualification Standards. All services will be provided on a fixed -fee basis after receipt of signed contract.
Scope of Work
Project Kickoff — ASM will participate in one kickoff call to discuss project requirements and confirm project
schedule. Additionally, prior to commencement of fieldwork ASM will coordinate with the cultural
representative of the Suquamish Tribe concerning the project.
Background Research — Prior to the initiation of fieldwork, ASM will conduct records searches of site forms
and previous cultural resources reports on file at the DAHP, as well as archival review of other existing
documentation that may be useful to determine cultural resources concerns or historical properties located within
1-mi. of the project area. Library and online resources will also be consulted to check historic land survey and
patent maps, topographic maps, and other pertinent historical documents.
Field Survey — Fieldwork will include an intensive survey to examine all exposed ground surfaces for
archaeological resources. Subsurface excavation will be conducted using a judgmental method. Shovel test probe
(STP) excavations will be used to determine the presence, extent, and structure of subsurface deposits, and assist
in the determination of the nature of any identified site boundaries. ASM will excavate STPs at variable intervals
in accessible areas. Additionally, delineation subsurface excavations will be conducted at all newly identified
and previously recorded archaeologic sites. If necessary, auger probes will be excavated at the base of STPs in
areas where project excavation is planned to extend greater than three feet below surface. Sediment from
excavations will be screened through '/4-in. hardware mesh. Results will be documented on ASM forms, which
include provenience location, artifact inventory, information on sediment type and color, termination depth, and
general observations. The locations of excavations and all identified cultural resources will be documented with
submeter accuracy global positioning systems (GPS) handheld devices and included on report quality figures
within the technical report.
Technical Report Preparation — ASM will prepare a technical report containing the requisite written
documentation in compliance with the DAHP processes. The report will include a historic overview,
methodology, survey findings, identification of known historical resources, recommended mitigation and/or
provide recommendations for any further work required for compliance.
Schedule
ASM will conduct fieldwork for the project within 90 days of notice to proceed. A draft report will be submitted
within 60 days of fieldwork completion. The final report will be completed within two (2) weeks of receipt of
comments to the draft.
Cost
The estimated fixed -fee cost to complete the scope of work described above is $17,200.00.
111
September 3, 2024
Erika Schuyler
Page 3 of 3
Assumptions
• A maximum of 25 STP excavations will be conducted for the fieldwork;
• No cultural resources will be identified;
• Indirect impacts analysis is not required;
• Deliverables will be provided electronically via email;
• ASM will address one consolidated round of comments to the draft technical report;
• If further revisions or additions to the report are requested, ASM will bill you above the contract limits
on a time and materials basis to address those comments, per our standard billing rates.
• NRHP evaluation, data recovery, historic property inventory, and/or on -site monitoring for any cultural
resources identified will be performed under a separate contract.
Proposal Acceptance
Title: Proposal to Conduct a Cultural Resource Assessment - Ruby Creek Lift Station Project
Cost: $17,200.00
Accepted by:
Signature
Title
Company Name
Billing Address
Email Address
Phone
Print Name
Date
iIFIA
RESOLUTION NO.
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH
CONSOR NORTH AMERICA, INC. FOR THE DESIGN AND PERMITTING OF THE
RUBY CREEK LIFT STATION SEWER PROJECT
WHEREAS, Kitsap Transit is constructing a park and ride facility known as the Ruby Creek
Park and Ride ("Project") for public benefit, which is located within the City of Port Orchard at
SW Sedgwick Rd. and Sidney Rd. SW; and
WHEREAS, the Project will require Kitsap Transit to construct sewer improvements to
support the facility ("Sewer Improvements"), which must be designed and constructed to City
standards and will be dedicated to the City once completed, approved, and accepted; and
WHEREAS, on December 12, 2023, City Council approved Interlocal Agreement No. 102-
23 with Kitsap Transit in which the City will provide design work for sewer improvements and
permitting applications to eliminate duplicative review and inspections and the associated
costs, and in exchange, Kitsap Transit will reimburse the City for all design and permitting costs;
and
WHEREAS, pursuant to Ch. 39.80 RCW and the City's Procurement Procedures Policies
adopted as Resolution No. 073-23, as amended, the City published a Request for Qualifications
(RFQ) for Architectural and Engineering Services for the Project, in the Kitsap Sun and the Daily
Journal of Commerce on July 5, 2024, and July 12, 2024; and
WHEREAS, by the July 26 2024 deadline the City received one (1) Statement of
Qualification (SOQ) from Consor North America, Inc (the "Consultant"), and based upon the
SOQ, and upon reviewing the overall qualifications of the submitting firm, the Public Works
staff determined Consor North America, Inc., met the requirements and criteria as described in
the RFQ and was the most qualified, responsible and responsive consultant to provide the
Architectural and Engineering services for the Project; and
WHEREAS, Public Works Staff then met with the Consultant to discuss the project scope
and the associated contract terms, and on September 5, 2024, the City received a defined
scope of work (consistent with the initial RFQ), Budget, Project Timeline and fee proposal from
Consor North America, Inc.; and
WHEREAS, the Port Orchard City Council believes Consor North America, Inc. to be a
highly qualified consulting firm for this Project; and
WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State
113
Auditor's Office, wishes to document their consultant selection process as described above for
this particular contract by Resolution; Now, Therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above
are hereby adopted and incorporated as findings in support of this Resolution.
THAT: The City Council authorizes the Mayor to sign the Professional Services
Agreement with Consor North America, Inc. (attached hereto as Exhibit A and incorporated
herein with this reference) for the Ruby Creek Lift Station Sewer Project.
THAT: The Resolution shall take full force and effect upon passage and signatures
hereon.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested
by the Clerk in authentication of such passage this 8th day of October, 2024.
Robert Putaansuu, Mayor
ATTEST:
Brandy Wallace, City Clerk, MMC
114
DqM City of Port Orchard
ORCHARD216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Business Items: Adoption of a Resolution Authorizing the Mayor to Execute a Commercial Facilities
Contract with PSE for City Hall Improvement Project and Ratifying all Actions Consistent with this
Authorization (Ryan)
Meeting Date: October 8, 2024
Prepared By: Heidi Draper, PW Procurement Specialist
Presenter: Denis Ryan, CPWP-M, CPRP, Public Works Director
Summary and Background: The City Hall Improvement Project (the "Project") was identified as a
priority task for the City of Port Orchard's Public Works Department. On June 13, 2023, pursuant to
the City's Procurement Policies and Procedures, as amended, at Section 5 Bid Procedures, the City
selected Lincoln Construction, Inc. for construction of the Project and the City Council approved a
contract for that work. The Project requires the removal of the existing three-phase overhead
transformer and installation of an overhead -to -underground primary line extension to meet the
power requirements of the Project, and PSE, as the utility provider for this region, is the sole vendor to
provide these necessary services and connection.
PSE has provided the City with a Commercial Electric Facilities Contract that includes design and
construction costs for the required electrical improvements in the amount of $50,035.28, and states
that PSE may assess additional costs as they execute the project, depending on site conditions.
Although the work is performed by PSE and not the City, the Project —inclusive of the work being
performed by PSE—Is a public work, subject to the bidding requirements set out at RCW 35.23.352. In
order to access power for the Project, the City is required to utilize the services of PSE as the sole
available electrical utility provider in the area.
The City has included the costs associated with this portion of the Project in the total Project cost. The
contract from PSE has an estimate of total costs for this work, but the final cost will depend on the
work PSE determines is necessary for the connection. Staff recommends a "not to exceed"
authorization of $60,000, which staff believes will cover the full amount of work necessary by PSE.
In order to avoid delay of this project, the Mayor executed the agreement with PSE in August. Staff
recommends the Council authorize the contract and ratify the Mayor's execution of same.
Relationship to Comprenhensive Plan: N/A
Recommendation: Staff recommends adoption of a Resolution authorizing the Mayor's execution of a
Commercial Electric Facilities Contract in the amount not to exceed $60,000, with Puget Sound Energy,
115
to design and install electrical infrastructure for the City Hall Improvement Project, with additional
costs to be identified by PSE.
Motion for Consideration: I move to adopt a Resolution authorizing the Mayor's execution of a
Commercial Electric Facilities Contract in an amount not to exceed $60,000, with Puget Sound Energy
to design and install electrical infrastructure for the City Hall Improvement Project, and ratifying all
actions taken consistent with this authorization.
Has item been presented to Committee/Work Study? If so, which one: N/A
Fiscal Impact: This amount is included in the City Hall Improvement Project budget.
Alternatives: Do not approve the resolution and provide alternative guidance.
Attachments:
1-Commercial Electric Facilities Contract.pdf
2-Electric Grade Letter.pdf
3-Customer Trenching.pdf
RESOLUTION-PSE-City_Hall_10927271.1_.doc
116
Docusign Envelope ID: 550957D8-B2D2-43B1-96FD-B53D94BC1415
rvur l COMMERCIAL ELECTRIC FACILITIES CONTRACT
' SOUND
ENERGY
Date
08/26/2024
Contract is subject to revision after
90 days
CUSTOMER (OWNER) NAME CITY OF PT. ORCHARD, PUBLIC WORKS DEPT.
CO-OWNER NAME (IF APPLICABLE)
SERVICE ADDRESS 216 PROSPECT ST
CITY PORT ORCHARD
STATE
ZIP 98366
WA
BILLING ADDRESS 216 PROSPECT ST
CITY PORT ORCHARD
STATE WA
ZIP 98366
PHONE 360.876.4991
EMAIL KCHAMMER@PORTORCHARDWA.
n WORKORDER NO. 101173311
Summary of Charges:
Construction Costs: $ 33,784.26
Transformation Charges: $ 15,190.31
Less Applicable Margin Allowance: $ 0
Sub -Total (Potential Refundable Costs): $ 48,974.57
Permitting Fees*: $ 48,974.57
Relocation/Removal of Existing Facilities: $ 0
Other Non -Refundable Construction Charges: $ 824.77
Sub -Total (Non -Refundable Costs): $ 1,060.71
Less Deposit Paid in Advance: $ 0
Total Amount to be Billed Under This C eat: $ 50,035.28
Customer Initials UL
Brief Description of Work:
REMOVE EXISTING 3 PHASE OVERHEAD
TRANSFORMER. INSTALL OVERHEAD TO
UNDERGROUND PRIMARY LINE EXTENSION.
Brief Description of Other Costs:
MATERIALS, LABOR & FLAGGING.
*If the above Permitting Fees are associated with service work only, those costs will be billed with the applicable service
charges below after the service is energized.
SECONDARY SERVICE CHARGES (PERMANENT AND TEMPORARY) ARE NOT INCLUDED IN THE SUMMARY OF CHARGES
ABOVE Any applicable Secondary Service Type charges listed below will be billed after your service line installation, based on the actual
work performed. Base Costs, in the table below, are based on the current tariff pricing as of the date of installation and include the
Schedule 87 tax effect. These charges also do not include permitting fees, trenching and other excavation related work that is your
responsibility. The Secondary Service Type charges from the list below that apply to your project will be invoiced on a second bill.
Secondary Service Tyl2e 1480 Voltage or Below
Cost w/Schedule 87 tax effect
Single wire run to handhole or transformer
$912.07
Each additional run of wire(per circuits)
$189.92
Each additional trip beyond 1st trip due to customer needs
$564.25 per trip
Hourly rate for additional engineering at customer's request
$246.24
Underground Temporary Service Charge
$230.00
Overhead Temporary Service Charge
$474.00
Overhead to Overhead Permanent Service Charge
$914.28
Underground to Underground Permanent Service Charge
$749.75
Overhead to Underground Permanent Service Charge
$1,401.23
Customer
itwis:
By signing this contract you are authorizing PSE to continue with all the needed elements to complete your project. Upon
receipt of a signed contract, PSE will bill you for the amount indicated on the "Total Amount to Be Billed Under This Contract'
line. The bill will sent to the billing address listed on this contract. PSE requires payment of these line extension charges
prior to scheduling construction. Payments can be made via pse.com (fees may apply), by mail, or at a PSE Pay Station.
Delaying payment may result in a construction delay for your project. Customer requested changes in the scope of the
project may result in additional charges, and/or delays to your project.
Signed by.
Signature: U11Q ts UU Name: ROBERT PUTAANSUU Title: Mayor Date: 08/27/20,224
BB33268C70F6499...
Docusign Envelope ID: 550957D8-B2D2-43B1-96FD-B53D94BC1415
TERMS AND CONDITIONS
PROJECT INFORMATION
1. The PSE drawing shows the proposed scope of your project including the location of permanent, above ground
electrical facilities required to provide electrical service to your project. Fault current information for transformers
associated with your project is noted on the work sketch drawing. Please review this drawing as soon as possible
to ensure there are no unforeseen conflicts between PSE's design and your project. If you determine there are
conflicts or if you identify a discrepancy while reviewing the drawing for your project, please contact me at the
number below. This is attached as Exhibit A.
2. Additional construction -related information and information on metering and service entrance requirements
areprovided in PSE's Electric Service handbook for commercial projects. If you would like a copy of the
handbook please contact me at the number below. It is your responsibility to provide your project manager, site
superintendent, and/or subcontractors with any relevant information from this correspondence that apply to their
work in support of your project.
3. The Excavation Requirements & Final Grade Certification must be signed by the project owner or designee and
returned to me along with a signed copy of this contract. This is attached as Exhibit B.
4. Transformers have been sized for diversified commercial loads only, and shall not be used for high load factor
(continuous) temporary power uses, such as electric heaters for dry -out. Fault currents for non- residential
transformers in your project are noted on the attached PSE design drawing. Please notify the PSE representative
listed on this contract immediately if you believe there are conflicts between this design and your project. It is
your responsibility to provide your project manager, site superintendent, and subcontractors with any information
from this correspondence and it's attachments that apply to their work.
5. The requirements for trenching by customers on public right-of-ways and/or on Puget Sound Energy easements
must be signed by the project owner or designee and returned along with a signed copy of this contract. This is
attached as Exhibit C.
POTENTIAL REFUNDS
Margin Allowance:
If PSE has not provided a Margin Allowance or if your Margin Allowance exceeds $75,000, PSE agrees to calculate and
refund the Margin Allowance, subject to Schedule 85. Refund requests must be made within six (6) years of the date on
which the facilities installed under this contract are energized. Customers are responsible for making the one-time refund
request.
DIM Refund:
Other refunds associated with the line extension charge may be available if additional permanent service hook-ups are
made to your line extension. These service hook-ups must be made within five (5) years of the date on which your project
is initially energized Customers are responsible for making all refund requests. A refund may be requested one (1) time
within six (6) years of the date on which your line extension is initially energized. It is the customer's responsibility to
make the refund request. Your refund request should be directed to PSE's Customer Accounting Coordinators at
Schedule85refundrequests@pse.com.
RATE SCHEDULE 85
All terms and conditions, costs, and refunds are in accordance with PSE's Rate Schedule 85, and any discrepancies
between this contract and the Rate Schedule will be resolved in favor of the Rate Schedule. Rate Schedule 85 contains
more detailed information covering costs, refunds, rights, and obligations than is reflected in this contract. The entirety of
Rate Schedule 85 can be viewed at PSE's website www.pse.com.
This cost information is valid for 90 days from the Date Issued, and is subject to being updated after that time. I have read
both pages and agree to the terms and conditions outlined in this contract and its attachments.
The amount noted on this contract is an estimated cost; however PSE's Schedule 85 line extension tariff requires
customers to pay the actual cost of construction. PSE will determine the actual cost of the job once construction is
complete. If the actual cost of the job is more than 10% above or below the estimated cost, an additional billing or refund
will result to account for the difference. 225
Docusign Envelope ID: 550957D8-B2D2-43B1-96FD-B53D94BC1415
PV CJt
' SOUND
ENERGY
PSE ELECTRICAL FACILITIES
EXCAVATION REQUIREMENTS AND FINAL GRADE CERTIFICATION
PURPOSE
This document is an agreement between Puget Sound Energy (PSE) and the Owner/Developer (Developer) who is
providing excavation for the installation of PSE's facilities. This document does not provide an easement for operating
rights. If PSE determines that a recordable easement on the Developer's property or other property is necessary, it shall be
the Developer's responsibility to obtain such easements in a form acceptable to PSE prior to construction.
EXCAVATION REQUIREMENTS
The requirements and conditions outlined below apply when you provide the excavation for PSE's electrical facilities as a
condition of receiving electrical service for your project. If you need additional information, please call the PSE contact
person listed below.
Developer is responsible for acquiring utility locates by calling One -Call, 1-800-424-5555 at least 48 hours (two full
working week days) prior to digging. The excavation must meet the requirements of the Washington Administrative
Code and Safety Standards.
2. Developer shall call the PSE contact person noted below for trench and route approval prior to starting excavation.
3. The electrical primary trench shall be excavated to provide a minimum of 36 inches of facility coverage, to a maximum
trench depth of 48 inches. The electric service trench shall be excavated to provide a minimum of 24 inches of facility
coverage, to a maximum trench depth of 36 inches. A 12 inch horizontal separation is required between PSE electrical
facilities and other utilities within a joint trench.
4. All back fill must be free of sharp objects and construction debris. Developer shall provide and install sand bedding and
shading for electrical facility protection as directed by PSE's contact person. Developer is responsible for any damages
caused by improper backfill or compaction.
5. Developer agrees to maintain a minimum of 2 feet of horizontal clearance between PSE conduit, pipe or conductors and
any foundation on Developer's property.
6. The vault excavation shall be dug to the dimensions noted on the attached work sketch. Vault holes shall have a solid
level bottom with a 6 inch deep layer of crushed rock bedding.
7. Developer shall provide the excavation for PSE electrical facilities within the designed location. Developer shall identify
and provide final grade, property lines, and utility easements prior to installation of PSE's electrical facilities.
8. Developer will be financially liable for the relocation of PSE's facilities which are inadequately covered, located outside
the area where PSE has adequate operating rights, improperly graded inhibiting standard access and/or any damages
resulting from dig -ins due to changes or variations in grade that are made after the installation of PSE's facilities.
FINAL GRADE CERTIFICATION
By my signing below, I certify that the electrical facilities work area shall be at final grade prior to excavation. I assume full
responsibility for my excavation work and the resulting location of these facilities. I also agree to indemnify, defend, and hold
harmless Puget Sound Energy from all liability arising out of, or in connection with my work, including but not limited to all
claims, losses, damages, and expenses, including reasonable attorney's fees, which result from my failure to excavate
within easement areas or rights -of -way, or from digging without adequate rights on adjoining properties.
Service Address: 216 PROSPECT ST
Signed by:
Signature: 06f,0101196sou
BB33268C70F6499...
PORT ORCHARD 98366
Name: ROBERT PUTAANSUU
Work Order Number: 101173311
Title: Mayor
Date: 08/27/2024
223
2806 08/15
Docusign Envelope ID: 550957D8-B2D2-43B1-96FD-B53D94BC1415
VCV UC 1
SOUND
ENERGY
REQUIREMENTS FOR TRENCHING BY CUSTOMERS ON PUBLIC RIGHT-OF-WAYS AND/OR ON PUGET
SOUND ENERGY, INC. EASEMENTS
The following outlines most local governmental guidelines and company standards for trenching on a public right-of-way
or Puget Sound Energy, Inc. (PSE) easement. Any trenching performed by the customer, or their contractor, under a PSE
permit or easement must comply with these requirements.
1. All trench construction must be performed by a Washington State licensed and bonded contractor.
2. Trench excavation, backfill, restoration, and facility placement must be coordinated with a PSE designated
representative, and receive on -site approval by that representative, and local jurisdiction.
3. Right-of-way easement trenching and backfill must be performed during normal business hours, Monday through
Friday. Same day excavation and backfill is required for all trenching. Job start notification to the local jurisdiction
is the responsibility of Potelco, Inc. Customer shall notify Potelco Project Manager three working days prior to
trenching. Penalties for failure to comply with this requirement will be borne by the customer.
4. If the job scope requires excavation beyond a single day, fencing and barricading must be installed around utility
facilities exposed above the trench, if allowed, must be in accordance with local regulatory requirements.
5. PSE, all participating utilities, and One -Call Locate, must be notified a minimum of 72 hours in advance of the
date and time for right-of-way trenching and facility placement. The One -Call Locate number is 1-800-424-5555.
State law requires locating service notification.
6. Excavated material must remain clear of the roadway whenever possible. Excavation material, spoils, and debris
shall be removed off -site each day, in accordance with local regulatory requirements. All erosion control
requirements in accordance with local regulatory requirements are the responsibility of the customer.
7. Material excavated from the shoulder of the right-of-way shall be properly disposed, and replaced with select
backfill material in accordance with local regulatory requirements.
8. Proper compaction is required to comply with local regulatory specifications. If the permit requires compaction
testing, the cost of said testing is the responsibility of the customer.
9. All permit requirements, traffic control plans, traffic control and flagging shall meet local regulatory specifications
and satisfaction.
10. In the event of failure to abide by the above requirements, PSE reserves the right, at its sole discretion, to assume
trenching. In the event of delays due to equipment failure, PSE may assume trenching to meet regulatory and
joint construction requirements. The customer is responsible for all trenching costs, and will reimburse the
company for costs should PSE perform the trenching.
Initial
Customer Initials: r�
11. The customer agrees to indemnify, defend and hold harmless PSE from all liability (including reasonable
attorneys' fees) arising out of, or in connection with, the above mentioned trenching activities.
Initial
Customer Initials:
I AGREE TO ADHERE TO THE ABOVE CONDITIONS
Service Address: 216 PROSPECT ST
PORT ORCHARD 98366 Work Order Number: 101173311
Signed by:
Signature: puff nirll(l Name: ROBERTPUTAANSUU Title: Mayor Date: 08/27/20,222
6633268C70F6499... ��'�l
RESOLUTION NO.
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
AND RATIFYING THE MAYOR'S EXECUTION OF A COMMERCIAL ELECTRIC
FACILITIES CONTRACT WITH PUGET SOUND ENERGY FOR THE CITY HALL
IMPROVEMENT PROJECT
WHEREAS, the City Hall Improvement Project (the "Project") has been identified as a
priority task for the City of Port Orchard's Public Works Department; and
WHEREAS, on June 13, 2023, pursuant to the City's Procurement Policies and
Procedures, as amended, at Section 5 Bid Procedures, the City selected Lincoln Construction,
Inc. for construction of the Project and the City Council approved a contract for that work; and
WHEREAS, the Project requires the removal of the existing three-phase overhead
transformer and installation of an overhead to underground primary line extension to meet the
power requirements of the Project; and
WHEREAS, Puget Sound Energy (PSE), as the sole state -authorized electrical utility
provider for this region, is the sole vendor to provide these necessary services and connection;
and
WHEREAS, PSE has provided the City with a Commercial Electric Facilities Contract that
includes an design and construction costs for the required electrical improvements in the
amount of $50,035.28, with additional costs associated with the work dependent on PSE's site
analysis; and
WHEREAS, in order to avoid delay and associated costs for the Project, on August 27,
2024, the Mayor executed the contract with PSE; and
WHEREAS, the City Council finds it is in the best interests of the City and its residents to
approve the contract with PSE and ratify the Mayor's signature thereupon; Now, Therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above
are hereby adopted and incorporated as findings in support of this Resolution.
THAT: The City Council finds that this work is necessary for the Project and that PSE is
the sole provider for this work and therefore waives procurement requirements that apply to
this work, if any.
10927271.1 - 366922 - 0001 121
THAT: The City Council approves of and ratifies the Mayor's execution of a Commercial
Facilities Contract with Puget Sound Energy for the City Hall Improvement Project, in an amount
to not exceed $60,000. The Mayor is authorized to take all actions necessary consistent with
this authorization to effectuate this approval. The City Council ratifies all actions taken prior to
this authorization that are consistent with this authorization.
THAT: The Resolution shall take full force and effect upon passage and signatures
hereon.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and
attested by the City Clerk in authentication of such passage on this 24th day of September,
2024.
Robert Putaansuu, Mayor
ATTEST:
City Clerk, Brandy Wallace, MMC
2
10927271.1 - 366922 - 0001 122
0�4 City of Port Orchard
ORCHARD 216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Business Items: Adoption of a Resolution Approving a Contract with DOH for a Pre -Construction Loan
for Preliminary Engineering and Design for Well 7 (Ryan)
Meeting Date: October 8, 2024
Prepared By: Heidi Draper, PW Procurement Specialist
Presenter: Denis Ryan, CPWP-M, CPRP, Public Works Director
Summary and Background: Improvements to the City of Port Orchard's Well No. 7 were identified as a
priority task for the City. In furtherance of that priority, on March 28, 2023, the Utilities Committee
discussed the recommended improvements and funding opportunities. On September 12, 2023, the
City Council adopted Resolution 087-23 supporting the City's application for the 2023 Drinking Water
State Revolving Fund Loan for a Pre -Construction loan for preliminary design for Well 7, including but
not limited to a new settling basin, well house, disinfection, and to develop plan to decommission an
existing artesian well. On January 22, 2024, the City was approved for a Pre -Construction loan in the
amount of $510,000 (Loan Fee included), from the Drinking Water State Revolving Fund (DWSRF)
managed by the DOH.
DOH has awarded the City of Port Orchard the following:
• DOH Contract 2021-4186 Pre -Construction Loan No. PCL 29176-0
• Loan Amount $510,000
• City Share $500,000
• Loan Fee $10,000
• Loan Term 10-years
• Interest Rate 0%
• Payment Month October 1st Annually
These improvements to Well #7 in the City of Port Orchard Water System are a priority for the City and
acceptance of this loan and execution of the associated contract with DOH is necessary to complete
this project.
Relationship to Comprenhensive Plan:
Chapter 7 - Utilities
Recommendation:
Staff recommends adoption of a Resolution, approving a Contract with the Washington State
123
Department of Health and accepting a DWSRF Construction Loan in the amount $510,000 pursuant to
the Terms and Conditions.
Motion for Consideration: I move to adopt a Resolution, authorizing the Mayor to execute a contract
with the Washington State Department of Health, accepting a DWSRF Construction Loan in the
amount $510,000.
Has item been presented to Committee/Work Study? If so, which one: N/A
Fiscal Impact: There will be debt service in future fiscal years. This project is budgeted in the 2025-
2026 Biennial budget.
Alternatives: Decline this loan, and provide alternative guidance.
Attachments:
CONTRACT-PreCn Loan -PCL29176-06 Port Orchard Well # 7 #2023-418-Unsigned.doc.pdf
Resolution-Pre-CN_Loan_Award_Acceptance_Well_7.doc
124
September 5, 2024
City of Port Orchard
Rob Putaansuu, Mayor
216 Prospect Street
Port Orchard, WA 98366
rputaansuu(@portorchardwa.gov
RE: Loan Contract Number: PCL29176-0
Dear Mayor Putaansuu;
Washington State Dey
O*Heal
Enclosed is the Drinking Water State Revolving Fund Pre Construction Loan Contract Number identified above for your
signature. The Loan Contract details the terms and conditions that will govern the agreement between us, which includes
the project's Scope of Work and an Attorney's Certification as formal attachments. Failure to return the contracts within 60
calendar days of the date of this letter may result in your loan offer being withdrawn.
You may sign electronically by following the instructions of the email. Note, if you're not the authorized signer do not
forward, click on the delegated button in the email. Once signed the document will be sent back to DOH automatically. If
you prefer, print and sign a hard copy, scan and return by email to dohcon.mgmt(cD_doh.wa.gov or print and sign a hard
copy, and return the originals to us for full execution.
Please note that the U.S. Environmental Protection Agency is the funding source for this program and the Catalog of
Federal Domestic Assistance (CFDA) number is 66.468. Consequently, the loan funds are federal and subject to both
state and federal requirements.
A non-refundable two -percent loan administration fee will be collected at contract execution, including any subsequent
amendments where funds are added. The loan amount may be modified to include an amount sufficient to cover the two
percent loan administration fee. In most cases, the fee will be collected in full at contract execution. Please review the
terms and conditions of the Loan Contract and all attachments carefully for details.
A requirement of the DWSRF program is that you must maintain updated project records and yearly renewal of your
registration in the System for Award Management at www.sam.gov.
Another requirement of the DWSRF program is that all entities are required to verify that the federal government has not
suspended or debarred them from receiving federal funds. This includes, but is not limited to, project contractors,
subcontractors, engineers, architects, consultants, and equipment vendors. The Exclusion Report can be accessed at
www.sam.gov. Failure to provide this required certification may result in termination of your loan contract.
After the Loan Contracts have been signed by the Department or its designee, one fully executed original will be returned
to you for your files. Instructions for drawing the loan funds will be returned to you with the executed Loan Contract, as
well as the necessary forms. The Loan Contract specifies that draws may be made for costs that have been incurred
within the contract period of performance, and which have supporting documentation such as receipts or bills.
We are looking forward to working with you over the course of this project. If you have any questions about this Loan
Contract, please contact me.
Sincerely,
Brittany Cody-Pinkney
DOH Contract Manager
360.236.2037
Brittany.Cody-Pinkney@doh.wa.gov
Enclosures:
ATTACHMENT I: ATTORNEY'S CERTIFICATION
ATTACHMENT ll: FEDERAL AND STATE REQUIREMENTS
ATTACHMENT III: DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS
ATTACHMENT IV: CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS
ATTACHMENT V: DWSRF ELIGIBLE PROJECT COSTS
ATTACHMENT VI: LABOR STANDARD PROVISIONS FOR SUBRECIPIENTS THAT ARE GOVERNMENTAL ENTITIES
125
Washington State Department of Health
DWSRF Municipal
Pre Construction
Loan Boilerplate
July 2019
City of Port Orchard Page 1 of 34 DWSRF NT Preconstruction Loan Contract
PCL29176-0 (Municipal 126
1. CONTRACT FACE SHEET
2023-4186 Pre -Construction Loan Number: PCL 29176-0
Washington State Department of Health (DOH)
Drinking Water State Revolving Fund (DWSRF)
Municipal
1. Borrower
2. Borrower Doing Business As (optional)
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
3. Borrower Type
4. Borrower's Statutory Authority
Pre -Construction Loan
5. Borrower Contract Mana er Information
6. DOH Contract Manager
Contact Name 360 876-4991
Brittany Cody-Pinkney
360.236.3047
Rob Putaansuu, Mayor rputaansuu@portorchardwa.
P.O. Box 47822
Brittany.Cody-
ov
Olympia, WA 98504-7822
Pinkney@doh.wa.gov
7. Project Name Well #7Treatment and Pumping Station
8. Loan Amount 9. Funding Source 10. Start Date 11. End Date
Amount: $510,000.00 Federal: ❑ State: ® DOE October 1, 2034
Loan Fee: $10,000.00 Other:❑
Interest Rate: 0%
12. Federal Funding Agency Environmental Protection Agency
Catalogue of Federal Assistance (CFDA) Number 66.468
13. Borrower Tax ID # 14. Borrower 15. Borrower UBI # 16. Borrower UEI #
91-6001487 Statewide Vendor # 182-000-005 C12QPGL3JE64
0025665-00
17. Contract Purpose
DOH and the party identified above as Borrower, hereafter referred to as BORROWER, have entered into this contract to
fund the project identified above that furthers the goals and objectives of the DOH DWSRF Program. The project will be
done by the BORROWER as described in the scope of work and this contract. The rights and obligations of the parties are
governed by this contract and the following documents incorporated by reference: General Terms and Conditions including
Declarations; .Section 2.6: Scope of Work (Project); Attachment I: Attorney's Certification; Attachment II: Federal and State
Requirements; Attachment III: Disadvantaged Business Enterprise Requirements; Attachment IV: Certification Regarding
Debarment, Suspension, and Other Responsibility Matters; Attachment V: DWSRF Eligible Project Costs; and Attachment
VI: Labor Standard Provisions for Subrecipients that are Governmental Entities. By the signature below, the parties
acknowledge and accept the terms of this contract.
FOR CONTRACTOR
FOR DOH
SIGNATURE and DATE
SIGNATURE and DATE
NAME AND TITLE
NAME AND TITLE
APPROVED AS TO FORM ONLY
Mark Calkins, AAG Signature on File
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2. DECLARATIONS
2.1 BORROWER INFORMATION
Legal Name: Port Orchard
Loan Number: PCL29176-0
Award Year: 2024
SWV#:00265665-00
2.2 PROJECT INFORMATION
Project Title: Well 7 Treatment and Pumping Station Pre Construction
Project Location (City or County): Kitsap County
Project State: Washington
Project Zip Code: 98366-5326
Project Scope of Work (PROJECT) Section 2.6, attached hereto and incorporated by reference.
2.3 LOAN INFORMATION
Loan Amount: $510,000.00
Loan Fee (Included in loan amount if applicable) $10,000.00
Loan Term: 10 years
Interest Rate: 0%
Payment Month: October 1st Annually
Earliest Date for Preconstruction Reimbursement: 12 months from contract execution to project completion
Time of Performance: 24 months from contract execution date to project completion date
2.4 SPECIAL TERMS AND CONDITIONS GOVERNING THIS LOAN AGREEMENT
NA
2.5 LOAN SECURITY CONDITION GOVERNING THIS LOAN AGREEMENT
If Applicable:
Pursuant to RCW 35.51.050, the CONTRACTOR pledges to repay this loan from assessments collected from a Local
Improvement District, Local Utility District or other similar special assessment district in which the improvements financed by
this loan are located. The name of the special assessment district is Project Name.
2.6 Scope of Work
Scope of Work:
Project to include:
1. Submit project engineering report and preliminary design to Southwest Regional Office for review and
approval for Well 7 new settling basin, well house, disinfection, and fluoridation, and develop plan to
decommission an existing artesian well. Submit approval letter.
2. Complete SEPA and submit determination and publication affidavit.
3. Complete cultural and historical review process.
In addition to costs of construction, costs may include (but are not limited to): engineering, design, hydrogeologic
assessment, permits, public involvement, preparation of bid documents, fees, taxes, legal, administrative and audit.
City of Port Orchard Page 2 of 34 DWSRF NT Preconstruction Loan Contract
PCL29176-0 (Municipal 128
APPLICATION #2023-4186, PORT ORCHARD WATER DEPT, WELL 7 TREATMENT AND PUMPING STATION
Project Costs by Cost Category:
COST CATEGO9
Engineering Report (Preliminary Engineering)
CURRENT ESTIMATES
$420,000
Environmental Review
$50,000
Historical Review/Cultural Review
Planning Document
Permits
$25,000
$0
$0
Public Involvement/information
Bid Documents (Design Engineering)
Asset Management
DOH Review/Approval Fees:
Other Fees (sales or use tax)
Audit:
Legal:
Other:
$5,000
$
$0
$0
$0
$0
$0
$0
Other:
$0
TOTAL ESTIMATED PROJECT COSTS (before Loan Fee)
$500,000
DWSRF Loan Origination Fee (2%)
DWSRF Planning and Engineering Loan Award
$10,0001
510 000
City of Port Orchard Page 2 of 34 DWSRF NT Preconstruction Loan Contract
PCL29176-0 (Municipal 129
APPLICATION #2023-4186, PORT ORCHARD WATER DEPT, WELL 7 TREATMENT AND PUMPING STATION
Project Funding:
TYPE OF FUNDING ISOURCE
Grants and Other Non -Matching Funds
Grant #1
CURRENT STATUS
$
Grant #2
$
Other Grants
$
New Grants
$
Total Grants and Other Non -Matching Funds
a) $
LoansAh
This Loan Request
DWSRF loan (PCL29176-0)
$510,000
Other Loan #1
$
Other Loan #2
$
$
$
b) $510,000
$
$
Other Loans
New Loans
Total Loans
Local Revenue
Source #1
Source #2
Other Local Revenue
$
New Local Revenue
$
Total Local Revenue
c) $
Other Funds
Other Funds
$
Other Funds $
Total Other Funds d) $
TOTAL PROJECT FUNDING e) $510,000
City of Port Orchard Page 2 of 34 DWSRF NT Preconstruction Loan Contract
PCL29176-0 (Municipal 130
TABLE OF CONTENTS
CONTRACT TERMS AND CONDITIONS
3
1. DEFINITIONS............................................................................................................................................3
2. AUTHORITY..............................................................................................................................................3
3. PURPOSE.................................................................................................................................................4
4. ORDER OF PRECEDENCE...........................................................................................................................4
5. AMOUNT OF LOAN..................................................................................................................................4
6. LOAN FEE.................................................................................................................................................4
7. TERM OF LOAN........................................................................................................................................4
8. RATE........................................................................................................................................................4
9. DISBURSEMENT OF LOAN PROCEEDS AND REQUIRED DOCUMENTATION..................................................4
10. TIME OF PERFORMANCE..........................................................................................................................5
11. PROJECT COMPLETION AMENDMENT AND THE PRE -CONSTRUCTION COMPLETION REPORT......................5
12. REPAYMENT............................................................................................................................................6
13. DEFAULT IN REPAYMENT..........................................................................................................................6
14. LOAN SECURITY.......................................................................................................................................6
15. HISTORICAL AND CULTURAL ARTIFACTS....................................................................................................6
16. FEDERAL AND STATE REQUIREMENTS.......................................................................................................7
17. COMPETITIVE BIDDING REQUIREMENTS...................................................................................................7
18. PAYMENT TO CONSULTANTS....................................................................................................................7
19. ELIGIBLE PROJECT COSTS..........................................................................................................................8
20. PREVAILING WAGE...................................................................................................................................8
21. REGISTRATION WITH CENTRAL CONTRACTOR REGISTRATION (CCR)..........................................................8
22. RECORDKEEPING AND ACCESS TO RECORDS.............................................................................................8
23. REPORTS..................................................................................................................................................9
24. RECOGNITION OF EPA FUNDING...............................................................................................................9
25. DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS........................................................................9
26. NONDISCRIMINATION PROVISION............................................................................................................9
27. PROHIBITION STATEMENT......................................................................................................................10
28. FALSE, INCORRECT, OR INCOMPLETE INFORMATION OR CLAIM...............................................................10
29. LITIGATION............................................................................................................................................10
30. ESTABLISHMENT OF ADEQUATE RATES AND RESERVES...........................................................................10
31. SPECIAL CONDITIONS.............................................................................................................................10
32. INVESTMENT GRADE AUDIT...................................................................................................................10
33. AMERICAN IRON AND STEEL...................................................................................................................10
34. ADMINISTRATIVE COST ALLOCATION......................................................................................................11
35. ALLOWABLE COSTS................................................................................................................................11
36. ALL WRITINGS CONTAINED HEREIN........................................................................................................11
37. AMENDMENTS, MODIFICATIONS, ASSIGNMENTS, AND WAIVERS............................................................11
38. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, ALSO REFERRED TO AS THE
"ADA" 28
CFRPART 35................................................................................................................................................11
39. APPROVAL.............................................................................................................................................12
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40. ATTORNEYS' FEES...................................................................................................................................12
41. AUDIT....................................................................................................................................................12
42. CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR INELIGIBILITY AND VOLUNTARY EXCLUSION -
PRIMARY AND LOWER TIER COVERED TRANSACTIONS..................................................................................13
43. CODE REQUIREMENTS............................................................................................................................14
44. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION............................................................................14
45. CONFORMANCE.....................................................................................................................................15
46. COPYRIGHT PROVISIONS........................................................................................................................15
47. DISALLOWED COSTS...............................................................................................................................15
48. DISPUTES...............................................................................................................................................15
49. DUPLICATE PAYMENT............................................................................................................................16
50. ETHICS/CONFLICTS OF INTEREST.............................................................................................................16
51. GOVERNING LAW AND VENUE...............................................................................................................16
52. INDEMNIFICATION.................................................................................................................................16
53. INDEPENDENT CAPACITY OF THE CONTRACTOR......................................................................................16
54. INDUSTRIAL INSURANCE COVERAGE.......................................................................................................16
55. LAWS.....................................................................................................................................................17
56. LICENSING, ACCREDITATION AND REGISTRATION...................................................................................19
57. LIMITATION OF AUTHORITY...................................................................................................................19
58. LOCAL PUBLIC TRANSPORATION COORDINATION...................................................................................19
59. NOTIFICATION OF TENANT RIGHTS/RESPONSIBILITIES............................................................................19
60. POLITICAL ACTIVITIES.............................................................................................................................19
61. PROCUREMENT STANDARDS FOR FEDERALLY FUNDED PROGRAMS.........................................................20
62. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISION................................................................20
63. PUBLICITY..............................................................................................................................................20
64. RECAPTURE...........................................................................................................................................21
65. REGISTRATION WITH DEPARTMENT OF REVENUE...................................................................................21
66. RIGHT OF INSPECTION............................................................................................................................21
67. SAVINGS................................................................................................................................................21
68. SEVERABILITY........................................................................................................................................21
69. SUBCONTRACTING.................................................................................................................................21
70. SURVIVAL..............................................................................................................................................21
71. TAXES....................................................................................................................................................21
72. TERMINATION FOR CAUSE/SUSPENSION................................................................................................21
73. TERMINATION FOR CONVENIENCE.........................................................................................................22
74. CONFLICT OF INTEREST..........................................................................................................................22
75. TERMINATION PROCEDURES..................................................................................................................22
76. WAIVER.................................................................................................................................................23
77. WORK HOURS AND SAFETY STANDARDS................................................................................................23
ATTACHMENT I: ATTORNEY'S CERTIFICATION
24
ATTACHMENT II: FEDERAL AND STATE REQUIREMENTS
25
1. ENVIRONMENTAL AUTHORITIES.............................................................................................................25
2. ECONOMIC AND MISCELLANEOUS AUTHORITIES....................................................................................25
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3. SOCIAL POLICY AUTHORITIES..................................................................................................................25
4. STATE LAWS..........................................................................................................................................25
ATTACHMENT III: DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS 27
1. GENERAL COMPLIANCE, 40 CFR, PART 33................................................................................................27
2. FAIR SHARE OBJECTIVES, 40 CFR, PART 33, SUBPART D...........................................................................27
3. SIX GOOD FAITH EFFORTS, 40 CFR, PART 33, SUBPART C.........................................................................27
4. MBE/WBE REPORTING, 40 CFR, PART 33, SECTIONS33.502 AND 33.503...................................................28
5. CONTRACT ADMINISTRATION PROVISIONS, 40 CFR, SECTION 33.302......................................................28
6. BIDDERS LIST, 40 CFR, SECTION 33.501(b) AND(C)...................................................................................28
ATTACHMENT IV: CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS 29
ATTACHMENT V: DWSRF ELIGIBLE PROJECT COSTS 30
ATTACHMENT VI: LABOR STANDARD PROVISIONS FOR SUBRECIPIENTS THAT ARE
GOVERNMENTAL ENTITIES 31
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3. GENERAL TERMS AND CONDITIONS
DRINKING WATER STATE REVOLVING FUND
(MUNICIPAL)
1. DEFINITIONS
As used throughout this Contract, the following terms shall have the meaning set forth below:
1.1. "Authorized Representative" shall mean the DOH ODW Director and/or the designee authorized in writing to act
on the Director's behalf.
1.2. AWARD YEAR shall mean the calendar year in which the funds were awarded to the Department for use in
making loans under this program.
1.3. "Contract" shall mean this Drinking Water State Revolving Fund Loan.
1.4. "Contractor" shall mean the entity identified on the face sheet performing service(s) under this Contract, and
shall include all employees and agents of the Contractor.
1.5. The "Contract End Date" shall mean the date the contract expires. This date shall occur in the final year of the
LOAN TERM unless otherwise amended, as counted from the AWARD YEAR. The actual date of contract
execution shall have no effect on the Contract End Date.
1.6. "Department" and "DOH" shall mean the Washington State Department of Health, Office of Drinking Water, who
is the recipient of the Drinking Water State Revolving Fund grant and regulates drinking water systems in the
State of Washington.
1.7. "Iron and steel products" are the following products made primarily of iron or steel: lined or unlined pipes and
fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints,
valves, structural steel, reinforced precast concrete, and construction materials.
1.8. "Lender" shall mean the Washington State Department of Health
1.9. "Modified Total Direct Costs (MTDC)" shall mean all direct salaries and wages, applicable fringe benefits,
materials and supplies, services, travel, and up to the first $25,000 of each subaward (regardless of the period
of performance of the subawards under the award). MTDC excludes equipment, capital expenditures, charges
for patient care, rental costs, tuition remission, scholarships and fellowships, participant support costs and the
portion of each subaward in excess of $25,000.
1.10. "Payment Month" shall mean the day and month of the year in which payments are due.
1.11. "Personal Information" shall mean information identifiable to any person, including, but not limited to,
information that relates to a person's name, health, finances, education, business, use or receipt of
governmental services or other activities, addresses, telephone numbers, social security numbers, driver
license numbers, other identifying numbers, and any financial identifiers.
1.12. "Pre -Construction" shall include planning, engineering, and project design necessary to a drinking water
infrastructure project.
1.13. "State" shall mean the state of Washington.
1.14. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or part of those
services under this Contract under a separate contract with the Contractor. The terms "subcontractor" and
"subcontractors" mean subcontractor(s) in any tier.
2. AUTHORITY
Acting under the authority of RCW 70.119A.170 and RCW 43.155.040, the Department has awarded the Contractor a
Drinking Water State Revolving Fund loan for an approved project. The Contractor will be a sub -recipient of funds
provided by the United States Environmental Protection Agency, CFDA Number 66.468, Title: Safe Drinking Water
State Revolving Fund, award year of this contract.
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3. PURPOSE
The Department and the Contractor have entered into this Contract to undertake a local project that furthers the goals
and objectives of the Drinking Water State Revolving Fund Loan Program. The project will be undertaken by the
Contractor and will include the activities described in the SCOPE OF WORK shown on the Declarations page. The
project must be undertaken in accordance with the loan Program Special Terms and Conditions and all applicable
federal, state and local laws and ordinances, including but not limited to those specifically enumerated in Attachment
II: Federal and State Requirements, which by this reference are incorporated into this Contract as though set forth
fully herein.
4. ORDER OF PRECEDENCE
In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the
following order:
• Applicable federal and State of Washington statutes and regulations.
• Special Terms and Conditions including attachments.
• Contract Terms and Conditions.
5. AMOUNT OF LOAN
The Department, using funds appropriated from the Drinking Water Assistance Account, shall loan the Contractor a
sum not to exceed the amount shown as LOAN AMOUNT on the attached Declarations Page. This loan amount
includes a loan fee, if applicable, which is shown on the Declarations Page as LOAN FEE.
6. LOAN FEE
If the loan fee applies, it will be assessed at loan execution, including loan funds added via amendment to this
contract.
The amount of the loan fee (if applicable) represents one percent (1 %) of the loan request and shall not be reduced,
regardless of the actual final loan amount at project completion. If the loan fee applies and the total loan amount is
increased by amendment, an additional loan fee equal to one percent (1 %) of the additional loan amount will be
assessed at amendment execution. The amount of any loan fee will be displayed on the Declarations Page as LOAN
FEE.
7. TERM OF LOAN
Unless otherwise amended, the term of the loan shall not exceed the period shown on the Declarations Page as
LOAN TERM.
Except as herein provided, under no circumstances shall the loan repayment period exceed 6 years from the contract
execution year.
8. INTEREST RATE
The interest rate shall be the declared INTEREST RATE (declarations) per annum on the outstanding principal
balance, based on a three hundred and sixty (360) day year composed of twelve (12) thirty (30) day months.
9. DISBURSEMENT OF LOAN PROCEEDS AND REQUIRED DOCUMENTATION
If funding or appropriation is not available at the time the Contractor submits a request for a loan disbursement, the
issuance of a warrant will be delayed or suspended until such time funds become available. Subject to availability of
funds, warrants shall be issued to the Contractor for payment of allowable expenses incurred by the Contractor while
undertaking and administering approved project activities in accordance with the declared SCOPE OF WORK.
The loan funds will be disbursed to the Contractor as follows:
9.1. Ten percent (10%) of loan proceeds will be held until project completion. The total Drinking Water State
Revolving Fund Loan shall not exceed one hundred percent (100%) of the actual eligible project costs.
9.2. When requesting reimbursement for costs incurred, the Contractor shall submit a signed and completed Invoice
Voucher (Form A19), referencing the declared SCOPE OF WORK project activity performed, and any
appropriate documentation such as bills, invoices, and receipts. The purchase of any land necessary and
integral to the project must be included in the declared SCOPE OF WORK and be documented with an
appraisal or other market valuation and a valid purchase and sale agreement. The Invoice Voucher must be
certified by an official of the Contractor with authority to bind the Contractor.
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9.3. Each A19 Reimbursement Voucher must be accompanied by a Project Status Report, which describes, in
narrative form, the progress made on the project since the last invoice was submitted, as well as a report of
project status to date. The Department of Health (DOH) will not release payment for any reimbursement
request received until the Project Status Report is received. After approving the Voucher and the Project Status
Report, DOH shall promptly release funds to the Contractor.
9.4. Pre -construction expenses incurred after the date shown as EARLIEST DATE FOR CONSTRUCTION
REIMBURSEMENT on the Declarations Page are eligible for reimbursement. Requests for reimbursements for
costs related to construction activities will not be accepted until the Contractor has met the following conditions:
• Issued a Notice to Proceed which follows the formal award of a construction contract;
• Completed the State Environmental Review Process;
• Complied with all provisions of Section 106 of the National Historic Preservation Act of 1966;
• Complied with Section 20: Prevailing Wage;
• Obtained approval from the Department of Health of the project report and related documents for all
applicable activities described in the declared SCOPE OF WORK; and
• Complied with any other loan conditions required by Department of Health.
An electronic copy (emailed PDF or a FAX) of a signed Al Reimbursement Voucher and other required
documentation is the preferred method for requesting reimbursement. Submit the electronic requests to your DOH
Loan Officer or fax to 360-236-2252. This electronic submittal may be 25 pages or less. If you choose to send your
vouchers and backup documentation electronically, please DO NOT mail in the original. You will receive email
notification from your DOH Loan Officer that the electronic request has been received.
DOH will pay the Contractor upon acceptance of the work performed and receipt of properly completed invoices.
Invoices may be submitted to DOH not more often than monthly.
Payment shall be considered timely if made by DOH within thirty (30) calendar days after receipt of properly
completed invoices. Payment shall be sent to the address designated by the Contractor.
The Department may, at its sole discretion, withhold payments claimed by the Contractor for services rendered if the
Contractor fails to satisfactorily comply with any term or condition of this contract.
No payments in advance or in anticipation of services or supplies to be provided under this contract shall be made by
the Department.
In the event that the Contractor receives reimbursement for costs that are later determined by the Department to be
ineligible, these funds shall be repaid to the Drinking Water Assistance Account by payment to the Department of
Health, or its successor, together with the submission of the Project Completion Amendment.
At the time of project completion, the Contractor shall submit to the Department a Pre -Construction Completion
Report certifying the total actual project costs, and a final voucher for any remaining eligible funds.
10. TIME OF PERFORMANCE
The Contractor shall begin the activities identified within the declared SCOPE OF WORK no later than thirty (30) days
after Contract execution.
The Contractor must reach project completion within the period specified on the Declarations Page as TIME OF
PERFORMANCE.
Failure to meet Time of Performance within the time frame described in this section shall constitute default under this
Contract, and as a result, this Contract may be terminated. In the event of extenuating circumstances, the Contractor
may request, in writing, at least 90 days prior to the expiration of project completion date that the Department extend the
deadline for project completion. The Department may extend the time of project completion.
11. PROJECT COMPLETION AMENDMENT AND THE PRE -CONSTRUCTION COMPLETION REPORT
The Contractor shall initiate a Project Completion Amendment by submitting a Pre -Construction Completion Report
when activities identified in the declared SCOPE OF WORK are complete and the Contractor agrees that no
additional eligible costs will be reimbursed.
In the Project Completion Amendment, the Contractor will provide the following information to the Department:
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• A certified statement of the actual dollar amounts spent, from all fund sources, in completing the project as
described in the declared SCOPE OF WORK.
• Certification that all costs associated with the project have been incurred. Costs are incurred when goods
and services are received and/or contract work is performed.
• A copy of the Department of Health Pre Construction Completion Report as submitted to Department of
Health.
• Evidence documenting compliance with audit requirements as referenced in Section 44.
• A final voucher for the remaining eligible funds.
The Project Completion Amendment shall serve as an amendment to this Contract determining the final loan amount
and term of the loan.
12. REPAYMENT
An assistance recipient begins annual repayment of the loan no later than one year after contract execution. The first
repayment installment is due on the first day of the month shown as PAYMENT MONTH on the Declarations Page.
Interest only will be charged for this first payment if a draw is made prior to this date. All subsequent payments shall
consist of principal and accrued interest due that month of each year during the remaining term of the loan.
Repayment of the loan under this Contract shall include the declared INTEREST RATE per annum. Interest will begin
to accrue from the date each payment is issued to the Contractor. The final payment shall be on or before the
completion of the declared LOAN TERM, payable on or before the declared PAYMENT MONTH of an amount
sufficient to bring the loan balance to zero.
The Contractor has the right to repay the unpaid balance of the loan in full at any time or make accelerated payments
without penalty.
The Contractor will repay the loan in accordance with the preceding conditions through the use of a check, money order,
or equivalent means made payable to the Washington State Department of DOH, or its successor.
13. DEFAULT IN REPAYMENT
Loan repayments shall be made in accordance with Section 12 of this Contract. A payment not received within thirty
(30) days of the due date shall be declared delinquent. Delinquent payments shall be assessed a monthly penalty
beginning on the first (1st) day past the due date. The penalty will be one percent (1%) per month or twelve percent
(12%) per annum of the delinquent payment amount. These same penalty terms shall apply if the repayment of loan
funds determined to be ineligible costs are not repaid within thirty (30).days.
The Contractor acknowledges and agrees to the Department's right, upon delinquency in the payment of any annual
installment, to notify any other entity, creditors, or potential creditors of the Contractor of such delinquency. Contractor
shall be responsible for all legal fees incurred by the Department in any action undertaken to enforce its rights under this
section.
14. LOAN SECURITY
Loan Security may be required as a performance condition of this contract. If such performance condition is required
it shall be indicated on the attached Declarations Page and identified therein as LOAN SECURITY CONDITION.
The Department grants the Contractor the right to issue future bonds and notes that constitute a lien and charge on
the revenue source superior to the lien and charge of this Loan Contract. Nothing in this section shall absolve the
Contractor of its obligation to make loan repayments when due, and to adjust rates, fees, or surcharges, if necessary,
to meet its obligations under this Contract.
15. HISTORICAL AND CULTURAL ARTIFACTS
The Contractor acknowledges that any construction activities necessary to complete the activities funded by this
contract are subject to Section 106 of the National Historic Preservation Act of 1966.
Contractor agrees that Contractor is legally and financially responsible for compliance with all laws, regulations, and
agreements related to the preservation of historical or cultural artifacts and agrees to hold harmless the State of
Washington in relation to any claim related to such historical or cultural artifacts discovered, disturbed, or damaged as a
result of Contractor's public works project funded under this Contract.
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The Contractor shall not conduct or authorize destructive project planning activities before completing compliance with
Section 106 of the National Historic Preservation Act of 1966, as amended.
In addition, the Contractor agrees that no construction activities, ground disturbance, or excavation of any sort will begin
until the Contractor has complied with all provisions of Section 106 of the National Historic Preservation Act of 1966, as
amended.
If historical or cultural artifacts are discovered during destructive project planning activities or construction, the Contractor
shall immediately stop the activity and implement reasonable measures to protect the discovery site from further
disturbance, take reasonable steps to ensure confidentiality of the discovery site, restrict access to the site, and notify
the concerned tribe's cultural staff or committee, Tribal Historical Preservation Officer (THPO), the Washington State
Department of Health project manager, and the State's Historical Preservation Officer (SHPO) at the Washington State
Department of Archaeology and Historic Preservation (DAHP). If human remains are uncovered, the Contractor shall
report the presence and location of the remains to the coroner and local enforcement immediately, then contact the
concerned tribe's cultural staff or committee and DAHP.
The Contractor shall require the above provisions to be contained in all contracts for work or services related to the
declared SCOPE OF WORK. In no case shall construction activities begin until the Contractor has complied with all
provisions of Section 106 of the National Historic Preservation Act of 1966.
In addition to the requirements set forth in this Contract, the Contractor agrees to comply with Native American Graves
Protection and Repatriation Act, Archaeological Resources Protection Act, Revised Code of Washington (RCW) 27.44
regarding Indian Graves and Records; RCW 27.53 regarding Archaeological Sites and Resources; RCW 68.60
regarding Abandoned and Historic Cemeteries and Historic Graves; and Washington Administrative Code (WAC) 25-48
regarding Archaeological Excavation and Removal Permits.
16. FEDERAL AND STATE REQUIREMENTS
The Contractor assures compliance with all applicable federal, state and local laws, requirements, and ordinances as
they pertain to the design, implementation, and administration of the approved project, including but not limited to those
listed in Attachments II, III, and IV.
17. COMPETITIVE BIDDING REQUIREMENTS
Pursuant to 40 CFR, Section 33.501(b) and (c), the Contractor also agrees to create and maintain a bidders list for
both Disadvantaged Business Enterprises (DBE) and Non -Disadvantaged Business Enterprises (non -DBE). The
purpose of a bidders list is to provide the recipient and entities receiving identified loans who conduct competitive
bidding with as accurate a database as possible about the universe of DBE and non -DBE prime and subcontractors.
The list must include all firms that bid or quote on prime contracts or bid or quote subcontracts on Environmental
Protection Agency assisted projects, including both DBE and non -DBE. The bidders list must be kept at least until the
grant project period has expired and the recipient is no longer receiving Environmental Protection Agency funding
under the grant. For entities receiving identified loans, the bidders list must only be kept until the project period for the
identified loan has ended. The following information must be obtained from all prime and subcontractors: entity's
name with point of contact; entity's mailing address, telephone number, and e-mail address; the procurement on
which the entity bid or quoted, and when; and, entity's status as a DBE or non -DBE.
The Contractor agrees to provide Environmental Protection Agency Form 6100-2 DBE Subcontractor Participation
and Environmental Protection Agency Form 6100-3 DBE Subcontractor Performance to all its Disadvantaged
Business Enterprise subcontractors.
The Contractor shall require Disadvantaged Business Enterprise provisions are contained in all contracts with any
subcontractors for work or services related to the declared SCOPE OF WORK.
18. PAYMENT TO CONSULTANTS
EPA participation in the salary rate (excluding overhead) paid to individual consultants retained by recipients or by a
recipient's contractors or subcontractors shall be limited to the maximum daily rate for Level IV of the Executive
Schedule (formerly GS-18), to be adjusted annually. This limit applies to consultation services of designated
individuals with specialized skills who are paid at a daily or hourly rate. This rate does not include transportation and
subsistence costs for travel performed (the recipient will pay these in accordance with their normal travel
reimbursement practices).
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Sub agreements with firms for services which are awarded using the procurement requirements in 40 CFR Parts 30 or
31, are not affected by this limitation unless the terms of the contract provide the recipient with responsibility for the
selection, direction, and control of the individuals who will be providing services under the contract at an hourly or
daily rate of compensation. See 40 CFR 30.27(b) or 40 CFR 31.360), as applicable, for additional information.
Contractor may find the annual salary for Level IV of the Executive Schedule on the following Internet site:
http://www.opm.gov/oca. Select "Salary and Wages," and select "Rates of Pay for the Executive Schedule" is annual
salary divided by 2087 hours to determine the maximum hourly rate, which is then multiplied by 8 to determine the
maximum daily rate.
As of January 1, 2019, the limit is $638.24 per day $79.78 per hour.
NOTE: For future years' limits, the recipient may find the annual salary for Level IV of the Executive Schedule on the
following Internet site: https://www.opm.gov/policy-data-oversight/pay-leave/.
Select "Salary and Wages", and select "Rates of Pay for the Executive Schedule." The annual salary is divided by
2087 hours to determine the maximum hourly rate, which is then multiplied by 8 to determine the maximum daily rate.
19. ELIGIBLE PROJECT COSTS
The Contractor assures compliance with Attachment V: DWSRF Eligible Project Costs, which identifies eligible costs for
projects funded by Drinking Water State Revolving Fund loans.
20. PREVAILING WAGE
All contractors and subcontractors performing work on a construction project funded through this Contract shall
comply with prevailing wage laws by paying the higher of state or federal prevailing wages according to:
• State Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable to the Project funded by this
contract, including but not limited to the filing of the "Statement of Intent to Pay Prevailing Wages" and
"Affidavit of Wages Paid" as required by RCW 39.12.040. The Contractor shall maintain records sufficient
to evidence compliance with Chapter 39.12 RCW, and shall make such records available for Department's
review upon request; or,
• The Davis Bacon Act, 40 USC 276a-276a-5 and related federal acts provide that all laborers and
mechanics employed by contractors or subcontractors in the performance shall be paid wages at rates not
less than those prevailing on similar construction in the locality as determined by the Secretary of Labor.
The Contractor agrees that the Contractor is legally and financially responsible for compliance with the prevailing
wage requirements. Contractor is advised to consult the United States Department of Labor and Washington State
Department of Labor and Industries websites to determine the federal and State prevailing wages that must be paid
The Contractor shall ensure that all contractors, subcontractors, engineers, vendors, and any other entity for work or
services listed in the declared SCOPE OF WORK shall insert in full, in any contract, the labor standards provisions
listed in Attachment VI: Labor Standard Provisions for Subrecipients That Are Governmental Entities. Contractor shall
report to the Department and/or the Department of Health that this requirement has been met as stated in this
Contract.
21. REGISTRATION WITH CENTRAL CONTRACTOR REGISTRATION (CCR)
By signing this Contract, the Contractor accepts the requirements stated in 48 CFR 52.204-7 to register with the Central
Contractor Registration (CCR) database at the System for Awards Management (SAM) website. To register in SAM, a
valid Data Universal Numbering System (DUNS) Number is required. The Contractor is responsible for the accuracy and
completeness of the data within the SAM database and for any liability resulting from the Government's reliance on
inaccurate or incomplete data. The Contractor must remain registered in the SAM database after the initial registration.
The Contractor is required to review and update on an annual basis from the date of initial registration or subsequent
updates its information in SAM to ensure it is current, accurate and complete. The Contractor shall provide evidence
documenting registration and renewal of SAM registration to the Department.
In the event of the Contractor's noncompliance or refusal to comply with the requirement stated above, the Department
reserves the right to suspend payment until the Contractor cures this noncompliance.
22. RECORDKEEPING AND ACCESS TO RECORDS
The Department, the Department's agents, and duly authorized officials of the state and federal governments shall have
full access and the right to examine, copy, excerpt, or transcribe any pertinent documents, papers, records, and books of
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the Contractor and of persons, firms, or organizations with which the Contractor may contract, involving transactions
related to this project and this Contract.
The Contractor shall maintain all books, records, documents, data and other evidence relating to this Contract and
performance of the services described herein, including but not limited to accounting procedures and practices which
sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this
Contract. Contractor shall retain such records for a period of six years following the date of final payment.
The Contractor agrees to retain these records for a period of six (6) years from the date that the debt is retired. This
includes but is not limited to financial reports. If any litigation, claim or audit is started before the expiration of the six (6)
year period, the records shall be retained until all litigation, claims or audit findings involving the records have been
resolved.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained
until all litigation, claims, or audit findings involving the records have been finally resolved.
23. REPORTS
The Contractor, at such times and on such forms as the Department may require, shall furnish the Department with
such periodic reports as it may request pertaining to the activities undertaken pursuant to this Contract including, but
not limited to:
• Prevailing Wage decisions and/or changes
• Disadvantaged Business Enterprises utilization
• Project Status Reports with each Invoice Voucher
• Pre -Construction Completion Report at project completion (as described in Section 11)
• Other reports as the Department may require
In the event of the Contractor's noncompliance or refusal to comply with the requirement stated above, the
Department reserves the right to suspend payment until the Contractor cures this noncompliance.
24. RECOGNITION OF EPA FUNDING
Reports, documents, signage, videos, or other media, developed as part of projects funded by this
assistance agreement shall contain the following statement:
"This project has been funded wholly or in part by the United States Environmental Protection Agency. The contents
of this document do not necessarily reflect the views and policies of the Environmental Protection Agency, nor does
mention of trade names or commercial products constitute endorsement or recommendation for use.
25. DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS
As mandated by the Environmental Protection Agency, the Contractor agrees to comply with the requirements of the
Environmental Protection Agency's Program for Utilization of Small, Minority, and Women's Business Enterprises in
procurement under this Contract. The Contractor is required to follow the requirements identified in Attachment III:
Disadvantaged Business Enterprise Requirements.
By signing this Contract, the Contractor accepts the applicable MBE/WBE fair share objectives/goals negotiated with
Environmental Protection Agency by the Washington State Office of Minority and Women's Business Enterprises. The
Contractor attests to the fact that it is purchasing the same or similar construction, supplies, services and equipment,
in the same or similar relevant geographic buying market as Washington State Office of Minority and Women's
Business Enterprises. The goals for the utilization of disadvantaged businesses are stated in Attachment III:
Disadvantaged Business Enterprise Requirements.
The Contractor is required to furnish the Department of Health with such periodic reports as the Department may
request pertaining to the utilization of disadvantaged businesses.
26. NONDISCRIMINATION PROVISION
During the performance of this contract, the Contractor shall comply with all federal and state nondiscrimination laws,
including, but not limited to Chapter 49.60 RCW, Washington's Law Against Discrimination, and 42 USC 12101 et seq,
the Americans with Disabilities Act (ADA).
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In the event of the Contractor's noncompliance or refusal to comply with any applicable nondiscrimination law,
regulation, or policy, this contract may be rescinded, canceled, or terminated in whole or in part, and the Contractor may
be declared ineligible for further contracts with the Department. The Contractor shall, however, be given a reasonable
time in which to cure this noncompliance.
The Contractor must also include the following terms and conditions in contracts with all contractors, subcontractors,
engineers, vendors, and any other entity for work or services listed in the declared SCOPE OF WORK:
• "The Contractor shall not discriminate on the basis of race, color, national origin or sex in the performance
of this Contract. The Contractor shall carry out applicable requirements of 40 CFR Part 33 in the award and
administration of contracts awarded under Environmental Protection Agency financial agreements. Failure
by the Contractor to carry out these requirements is a material breach of this Contract which may result in
termination of this Contract."
27. PROHIBITION STATEMENT
Pursuant to Section 106 of the Trafficking Victims Protection Act of 2000, as amended, the Contractor 's contractors,
subcontractors, engineers, vendors, and any other entity shall comply with and include the following terms and
conditions in all contracts for work or services listed in the declared SCOPE OF WORK:
• "All forms of trafficking in persons, illegal sex trade, or forced labor practices are prohibited in the
performance of this award or subawards under the award, or in any manner during the period of time that
the award is in effect. This prohibition applies to you as the recipient, your employees, subrecipients under
this award, and subrecipients' employees."
If any term of this section is violated, this contract may be terminated.
28. FALSE, INCORRECT, OR INCOMPLETE INFORMATION OR CLAIM
The Contractor warrants that the Contractor neither has submitted nor shall submit any information that is materially
false, incorrect, or incomplete to the Department.
The Contractor is advised that providing false, fictitious, or misleading information with respect to the receipt and
disbursements of Environmental Protection Agency funds is basis for criminal, civil, or administrative fines and/or
penalties.
29. LITIGATION
The Contractor warrants that there is no threatened or pending litigation, investigation, or legal action before any
court, arbitrator, or administrative agency that, if adversely determined, would have a materially adverse effect on the
Contractor's ability to repay the loan.
30. ESTABLISHMENT OF ADEQUATE RATES AND RESERVES
The Contractor agrees to provide a resolution adopting rate increases, capital assessments, or both, for the services
of the system that shall be sufficient to provide funds which, along with other revenues of the system, will pay all
operating expenses and debt repayments during the term of the loan. In addition, the Contractor shall create, fund,
and maintain reserves at least as required by the Water System Plan or Small Water System Management Plan. The
Department reserves the right, at any time, to request proof of compliance of these requirements from the Contractor.
31. SPECIAL CONDITIONS
If SPECIAL CONDITIONS are listed on the Contract Declarations Page then these conditions are herein
incorporated as part of the terms and requirements of this contract.
32. INVESTMENT GRADE AUDIT
For projects involving repair, replacement, or improvement of a wastewater treatment plant, or other public works
facility for which energy efficiency is obtainable, Contractor must undertake an investment grade audit per ESHB
1497.
Costs incurred as part of the investment grade audit are eligible project costs.
33. AMERICAN IRON AND STEEL
None of the funds made available to the Contractor shall be used for a project for the construction, alteration,
maintenance, or repair of a public water system or treatment works unless all of the iron and steel products used in
the project are produced in the United States. This requirement applies to the entire project receiving a loan
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agreement executed after January 17, 2014. Buy American does not apply to a project if the Department of Health
approves the engineering plans and specifications for the project, in that agency's capacity to approve such plans and
specifications prior to a project requesting bids, prior to January 17, 2014.
Waiver of the Buy American requirement may be considered if: 1) compliance would be inconsistent with the public
interest; or 2) the particular iron and steel products are not produced in the United States in sufficient and reasonably
available quantities and/or the particular iron and steel products are not of a satisfactory quality; or 3) inclusion of iron
and steel products produced in the United States will increase the cost of the overall project by more than 25 percent.
For consideration, a request for a waiver must be submitted to the Environmental Protection Agency (EPA).
Contractors shall submit the waiver request to DOH, which will then submit the request to EPA. EPA will post the
waiver request and any other information available to EPA concerning the waiver request, on EPA's public Internet
website and allow for informal public input on the request for at least 15 days prior to making a finding based on the
request. The full text of the American Iron and Steel requirements appear at H.R. 3547, Consolidated Appropriations
Act, 2014.
34. ADMINISTRATIVE COST ALLOCATION
Administrative costs that may be allowed are set forth in the Special Terms and Conditions. Administrative services
shared by other programs shall be assigned to this Contract based on an allocation plan that reflects allowable
administrative costs that support services provided under each Contract administered by the Contractor. An approved
current federal indirect cost rate may be applied up to the maximum administrative budget allowed.
35. ALLOWABLE COSTS
Costs allowable under this Contract are actual expenditures according to an approved budget up to the maximum
amount stated on the Contract Award or Amendment Face Sheet.
36. ALL WRITINGS CONTAINED HEREIN
This Contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or
otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto.
37. AMENDMENTS, MODIFICATIONS, ASSIGNMENTS, AND WAIVERS
Amendments, modifications, assignments, and waivers to any of the terms of this contract supersede those terms as
found in the original contract.
The Contractor may request an amendment of this Contract for the purpose of modifying the declared SCOPE OF
WORK or for extending the time of performance as provided for in Section 10. Any revision to the SCOPE OF WORK
or location of the project must be approved by the Department of Health. No modification or amendment resulting in
an extension of time shall take effect until a request has been received and approved by the Department in
accordance with Section 1.10.
During the term of this loan, any change in ownership of the water system(s) improved with funds received
by the Contractor under this Contract must be approved in writing by the Department. As a condition of
approval, the Department reserves the right to demand payment in full of the outstanding principal balance of
the loan.
No conditions or provisions of this Contract may be waived unless approved by the Department in writing. No waiver of
any default or breach by any party shall be implied from any failure to take action upon such default or breach if the
default of breach persists or repeats.
Neither this Contract, nor any claim arising under this Contract, shall be transferred or assigned by the Contractor
without prior written consent of the Department.
38. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, ALSO REFERRED TO AS THE
"ADA" 28 CFR PART 35
The Contractor must comply with the ADA, which provides comprehensive civil rights protection to individuals with
disabilities in the areas of employment, public accommodations, state and local government services, and
telecommunications.
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39. APPROVAL
This contract shall be subject to the written approval of the Department's Authorized Representative and shall not be
binding until so approved. The contract may be altered, amended, or waived only by a written amendment executed
by both parties.
40. ATTORNEYS' FEES
Unless expressly permitted under another provision of the Contract, in the event of litigation or other action brought to
enforce Contract terms, each party agrees to bear its own attorney's fees and costs.
41. AUDIT
The Department reserves the right to require an audit of this project. The Contractor is responsible for correcting any
audit findings. The Contractor agrees to refund to the Department all disallowed costs resulting from the audit. Audit
costs are allowable expenses within this Contract.
Municipal and Not -For -Profit entities:
Audits of the Contractor's project activities may be conducted by the State Auditor Office (SAO). Audit costs are
eligible project costs. The Contractor shall maintain its records and accounts so as to facilitate the audit requirements
of the Department or its successor. The Contractor is responsible for any audit findings incurred by its own
organization. The Department reserves the right to recover from the Contractor all disallowed costs resulting from the
audit.
For audits of fiscal years beginning after December 26, 2014, Contractors expending $750,000 or more in any fiscal
year in federal funds from all sources, direct and indirect, are required to have an audit conducted in accordance with
2 CFR §200.501 — Audit Requirements."
For audits of fiscal years beginning prior to December 26, 2014, Contractors expending $500,000 or more in any
fiscal year in federal funds from all sources, direct and indirect, are required to have an audit conducted in accordance
with existing Federal audit requirements.
For -Profit entities:
Audits must include a report on the internal control related to the federal program, which should describe the scope of
testing of the internal control and the results of the tests.
The audit also must include a report on compliance, which includes an opinion (or disclaimer of opinion) on whether
the auditee complied with laws, regulations and the provisions of the award agreement that could have a direct and
material effect on the federal program.
The Contractor must send a copy of any required audit Reporting Package as described in existing Federal audit
requirements for audits of fiscal years beginning prior to December 26, 2014, or 2 CFR §200.512 — Report
Submission, for audits of fiscal years beginning after December 26, 2014, no later than nine (9) months after the end
of the Contractor's fiscal year(s) to:
Department of Health
Office of Drinking Water
ATTN: Drinking Water State Revolving Fund
243 Israel Road SE
Olympia, WA 98504
In addition to sending a copy of the audit, when applicable, the Contractor must include:
• Corrective action plan for audit findings within three (3) months of the audit being received by the
Department.
• Copy of the Management Letter.
Contractors are to procure audit services based on the following guidelines.
The Contractor shall maintain its records and accounts so as to facilitate the audit requirement and shall ensure that
Subcontractors also maintain auditable records.
The Contractor is responsible for any audit exceptions incurred by its own organization or that of its Subcontractors.
The Department reserves the right to recover from the Contractor all disallowed costs resulting from the audit.
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As applicable, Contractors required to have an audit must ensure the audits are performed in accordance with
Generally Accepted Auditing Standards (GAAS); Government Auditing Standards (the Revised Yellow Book)
developed by the Comptroller General.
Responses to any unresolved management findings and disallowed or questioned costs shall be included with the
audit report. The Contractor must respond to the Department requests for information or corrective action concerning
audit issues within thirty (30) days of the date of request.
• FEDERAL FUNDS REQUIREMENTS — 2 CFR 200 AUDITS OF STATES, LOCAL GOVERNMENTS AND
NON-PROFIT ORGANIZATIONS
Grantees expending $750,000 or more in a fiscal year (that begins after December 26, 2014) in federal funds from all
sources, direct and indirect, are required to have an audit conducted in accordance with 2 CFR Part 200. For fiscal
years beginning prior to December 26, 2014, Grantees are required to have an audit conducted in accordance with
Federal audit requirements. When state funds are also to be paid under this Agreement a Schedule of State Financial
Assistance as well as the required schedule of Federal Expenditure must be included. Both schedules include:
• Grantor agency name
• Federal agency
• Federal program name
• Other identifying contract numbers
• Catalog of Federal Domestic Assistance (CFDA) number (if applicable)
• Grantor contract number
• Total award amount including amendments (total grant award)
• Current year expenditures
If the Contractor is a state or local government entity, the Office of the State Auditor shall conduct the audit. Audits of
non-profit organizations are to be conducted by a certified public accountant selected by the Contractor in accordance
with 2 CFR 200 "UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT
REQUIREMENTS FOR FEDERAL AWARDS."
The Contractor shall include the above audit requirements in any subcontracts.
In any case, the Contractor's financial records must be available for review by the Department.
• DOCUMENTATION REQUIREMENTS
The Contractor must send a copy of any required audit Reporting Package as described in 2 CFR 200.515, by
sending a scanned copy to auditreview(a)DOH.wa.gov or by sending a hard copy to:
Department of Health
ATTN: Audit Review and Resolution Office
243 Israel Road SE
PO Box 47822
Olympia, WA 98504-7822
In addition to sending a copy of the audit, when applicable, the Contractor must include:
• Corrective action plan for audit findings within three (3) months of the audit being received by the
Department.
• Copy of the Management Letter.
42. CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR INELIGIBILITY AND VOLUNTARY EXCLUSION —
PRIMARY AND LOWER TIER COVERED TRANSACTIONS
• Contractor, defined as the primary participant and it principals, certifies by signing these General Terms and
Conditions that to the best of its knowledge and belief that they:
■ Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency.
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■ Have not within a three-year period preceding this contract, been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public or private agreement or transaction, violation of Federal or
State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, tax evasion, receiving stolen property, making false
claims, or obstruction of justice;
■ Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal,
state, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this section;
and,
■ Have not within a three-year period preceding the signing of this contract had one or more public
transactions (federal, state, or local) terminated for cause of default.
• Where the Contractor is unable to certify to any of the statements in this contract, the Contractor shall
attach an explanation to this contract.
• The Contractor agrees by signing this contract that it shall not knowingly enter into any lower tier covered
transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from
participation in this covered transaction, unless authorized by the Department.
• The Contractor further agrees by signing this contract that it will include the clause titled "Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction,"
as follows, without modification, in all lower tier covered transactions and in all solicitations for lower tier
covered transactions:
LOWER TIER COVERED TRANSACTIONS
• The lower tier contractor certifies, by signing this contract that neither it nor its principals is presently
debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation
in this transaction by any Federal department or agency.
• Where the lower tier contractor is unable to certify to any of the statements in this contract, such contractor
shall attach an explanation to this contract.
■ The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, person,
primary covered transaction, principal, and voluntarily excluded, as used in this section, have the
meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order
12549. You may contact the Department for assistance in obtaining a copy of these regulations.
The Contractor also agrees to access the Federal Exclusion List at www.sam.gov and provide Federal Exclusion
documentation to the Department and to keep a copy on file with the Contractor's project records.
43. CODE REQUIREMENTS
All construction and rehabilitation projects must satisfy the requirements of applicable local, state, and federal
building, mechanical, plumbing, fire, energy and barrier -free codes. Compliance with the Americans with Disabilities
Act of 1990, 28 C.F.R. Part 35 will be required, as specified by the local building Department.
44. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
• "Confidential Information" as used in this section includes:
■ All material provided to the Contractor by the Department that is designated as "confidential" by the
Department;
■ All material produced by the Contractor that is designated as "confidential" by the Department; and
■ All personal information in the possession of the Contractor that may not be disclosed under state or
federal law. "Personal information" includes but is not limited to information related to a person's name,
health, finances, education, business, use of government services, addresses, telephone numbers,
social security number, driver's license number and other identifying numbers, and "Protected Health
Information" under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA).
• The Contractor shall comply with all state and federal laws related to the use, sharing, transfer, sale, or
disclosure of Confidential Information. The Contractor shall use Confidential Information solely for the
purposes of this Contract and shall not use, share, transfer, sell or disclose any Confidential Information to
any third party except with the prior written consent of the Department or as may be required by law. The
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Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to prevent
unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or
federal laws related thereto. Upon request, the Contractor shall provide the Department with its policies
and procedures on confidentiality. The Department may require changes to such policies and procedures
as they apply to this Contract whenever the Department reasonably determines that changes are necessary
to prevent unauthorized disclosures. The Contractor shall make the changes within the time period
specified by the Department. Upon request, the Contractor shall immediately return to the Department any
Confidential Information that the Department reasonably determines has not been adequately protected by
the Contractor against unauthorized disclosure.
• Unauthorized Use or Disclosure. The Contractor shall notify the Department within five (5) working days of
any unauthorized use or disclosure of any confidential information, and shall take necessary steps to
mitigate the harmful effects of such use or disclosure.
45. CONFORMANCE
If any provision of this contract violates any statute or rule of law of the state of Washington, it is considered modified
to conform to that statute or rule of law.
46. COPYRIGHT PROVISIONS
Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire" as defined
by the U.S. Copyright Act and shall be owned by the Department. The Department shall be considered the author of
such Materials. In the event the Materials are not considered "works for hire" under the U.S. Copyright laws, the
Contractor hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property
rights, moral rights, and rights of publicity to the Department effective from the moment of creation of such Materials.
"Materials" means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets,
advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions.
"Ownership" includes the right to copyright, patent, register and the ability to transfer these rights.
For Materials that are delivered under the Contract, but that incorporate pre-existing materials not produced under the
Contract, the Contractor hereby grants to the Department a nonexclusive, royalty -free, irrevocable license (with rights
to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly
perform, and publicly display. The Contractor warrants and represents that the Contractor has all rights and
permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a
license to the Department.
The Contractor shall exert all reasonable effort to advise the Department, at the time of delivery of Materials furnished
under this Contract, of all known or potential invasions of privacy contained therein and of any portion of such
document which was not produced in the performance of this Contract. The Contractor shall provide the Department
with prompt written notice of each notice or claim of infringement received by the Contractor with respect to any
Materials delivered under this Contract. The Department shall have the right to modify or remove any restrictive
markings placed upon the Materials by the Contractor.
47. DISALLOWED COSTS
The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of
its Subcontractors.
48. DISPUTES
Except as otherwise provided in this Contract, when a dispute arises between the parties and it cannot be resolved by
direct negotiation, either party may request a dispute hearing with the Director of the Department, who may designate
a neutral person to decide the dispute.
The request for a dispute hearing must:
• be in writing;
• state the disputed issues;
• state the relative positions of the parties;
• state the Contractor's name, address, and Contract number; and,
• be mailed to the Director and the other party's (respondent's) Contract Representative within three (3)
working days after the parties agree that they cannot resolve the dispute.
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The respondent shall send a written answer to the requestor's statement to both the Director or the Director's
designee and the requestor within five (5) working days.
The Director or designee shall review the written statements and reply in writing to both parties within ten (10) working
days. The Director or designee may extend this period if necessary by notifying the parties.
The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding.
The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal.
Nothing in this Contract shall be construed to limit the parties' choice of a mutually acceptable alternate dispute
resolution (ADR) method in addition to the dispute hearing procedure outlined above.
49. DUPLICATE PAYMENT
The Contractor certifies that work to be performed under this contract does not duplicate any work to be charged
against any other contract, subcontract, or other source.
50. ETHICS/CONFLICTS OF INTEREST
In performing under this Contract, the Contractor shall assure compliance with the Ethics in Public Service Act
(Chapter 42.52 RCW) and any other applicable state or federal law related to ethics or conflicts of interest.
51. GOVERNING LAW AND VENUE
This Contract shall be construed and interpreted in accordance with the laws of the state of Washington, and the
venue of any action brought hereunder shall be in the Superior Court for Thurston County.
52. INDEMNIFICATION
To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the state of
Washington, the Department, all other agencies of the state and all officers, agents and employees of the state, from
and against all claims or damages for injuries to persons or property or death arising out of or incident to the
Contractor's performance or failure to perform the Contract. The Contractor's obligation to indemnify, defend, and
hold harmless includes any claim by the Contractor's agents, employees, representatives, or any Subcontractor or its
agents, employees, or representatives.
The Contractor's obligation to indemnify, defend, and hold harmless shall not be eliminated by any actual or alleged
concurrent negligence of the state or its agents, agencies, employees and officers.
Subcontracts shall include a comprehensive indemnification clause holding harmless the Contractor, the Department,
the state of Washington, its officers, employees and authorized agents.
The Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold
harmless the state and its agencies, officers, agents or employees.
53. INDEPENDENT CAPACITY OF THE CONTRACTOR
The parties intend that an independent contractor relationship will be created by this Contract. The Contractor and its
employees or agents performing under this Contract are not employees or agents of the State of Washington or the
Department. The Contractor will not hold itself out as or claim to be an officer or employee of the Department or of
the State of Washington by reason hereof, nor will the Contractor make any claim of right, privilege or benefit which
would accrue to such officer or employee under law. Conduct and control of the work will be solely with the
Contractor.
54. INDUSTRIAL INSURANCE COVERAGE
The Contractor shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If the Contractor fails
to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be
required by law, The Department may collect from the Contractor the full amount payable to the Industrial Insurance
Accident Fund. The Department may deduct the amount owed by the Contractor to the accident fund from the
amount payable to the Contractor by the Department under this Contract, and transmit the deducted amount to the
Department of Labor and Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I's
rights to collect from the Contractor.
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55. LAWS
The Contractor shall comply with all applicable laws, ordinances, codes, regulations, and policies of local, state, and
federal governments, as now or hereafter amended, including, but not limited to:
• UNITED STATES LAWS, REGULATIONS AND CIRCULARS (FEDERAL)
o Audits
■ Office of Management and Budget (OMB) Revised Circular A-133 "Audits of States, Local
Governments, and Non -Profit Organizations."
o Environmental Protection and Review
■ Coastal Zone Management Act of 1972, 16 USC.§§1451-1464HUD's implementing regulations at 24
CFR parts 50 or 58, as appropriate.
■ Lead Based Paint Poisoning Prevention Act, 42 USC 4821-4846 also 24 CFR 982.401(j).
■ National Environmental Policy Act of 1969, 42 USC4321 et seq. and the Implementing Regulations of
24 CFR 58 (HUD) and 40 CFR 1500-1508 (Council on Environmental Quality) Residential Lead -Based
Paint Hazard Reduction Act of 1992, 42 USC 4851-4856.
o Flood Plains
■ Flood Disaster Protection Act of 1973, 42 USC 4001-4128.
o Labor and Safety Standards
■ All Rental Units Assisted with Federal Funds Must Meet the Section 8 Housing Quality Standards
(HQS) and Local Housing Code Requirements for the duration of the Affordability Period.
■ Convict Labor, 18 USC 751, 752, 4081, 4082.
■ Davis Bacon Act, 40 USC 276a-276a-5.
■ Drug -Free Workplace Act of 1988, 41 USC 701 et seq.
■ Federal Fair Labor Standards Act, 29 USC 201 et seq.
■ Work Hours and Safety Act of 1962, 40 USC 327-330 and Department of Labor Regulations, 29 CFR
Part 5.
■ Title IV of the Lead Based Paint Poisoning Prevention Act, 42 USC 4831, 24 CFR Part 35.
o Laws against Discrimination
■ Age Discrimination Act of 1975, Public Law 94-135, 42 USC 6101-07, 45 CFR Part 90
Nondiscrimination in Federally Assisted Programs.
■ Americans with Disabilities Act of 1990, Public Law 101-336.
■ Equal Employment Opportunity, Executive Order 11246, as amended by Executive Order 11375 and
supplemented in U.S. Department of Labor Regulations, 41 CFR Chapter 60.
■ Executive Order 11246, as amended by EO 11375, 11478, 12086 and 12102.
■ Fair Housing Act (42 USC 3601-19) and implementing regulations at 24 CFR part 100.Section 504 of
the Rehabilitation Act of 1973 and implementing regulations at 24 CFR part 8.
■ Fair Housing, Title VIII of the Civil Rights Act of 1968, Public Law 90-284, 42 USC 3601-19.
■ Handicapped Employees of Government Contractors, Rehabilitation Act of 1973, Section 503, 29 USC
793.
■ Handicapped Recipients of Federal Financial Assistance, Rehabilitation Act of 1973, Section 504, 29
USC 794.
■ Minority Business Enterprises, Executive Order 11625, 15 USC 631.
■ Minority Business Enterprise Development, Executive Order 12432, 48 FIR 32551.
■ Nondiscrimination and Equal Opportunity, 24 CFR 5.105(a).
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■ Nondiscrimination in Benefits, Title VI of the Civil Rights Act of 1964, Public Law 88-352, 42 USC 2002d
et seq, 24 CFR Part 1.
■ Nondiscrimination in Employment, Title VII of the Civil Rights Act of 1964, Public Law 88-352.
■ Nondiscrimination in Federally Assisted Programs.
■ Nondiscrimination in Federally Assisted Construction Contracts, Executive Order 11246, 42 USC
2000e, as amended by Executive Order 11375, 41 CFR Chapter 60.
■ Section 3, Housing and Urban Development Act of 1968, 12 USC 1701 u (See 24 CFR 570.607(b)).
o Office of Management and Budget Circulars
■ Cost Principles for State, Local and Indian Tribal Governments, OMB Circular A-87, 2 CFR, Part 225.
■ Cost Principles for Nonprofit Organizations, OMB Circular A-122, (if the Contractor is a nonprofit
organization).
■ Grants and Cooperative Agreements with State and Local Governments, OMB Circular A-102, (if the
Contractor is a local government or federally recognized Indian tribal government).
■ Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher
Education, Hospitals and Other Nonprofit Organizations, OMB Circular A-110.
o Other
■ Anti -Kickback Act, 18 USC 874; 40 USC 276b, 276c; 41 USC 51-54.
■ H.R. 3547, Consolidated Appropriations Act, 2014.
■ Governmental Guidance for New Restrictions on Lobbying; Interim Final Guidance, Federal Register 1,
Vol. 54, No. 243\Wednesday, December 20, 1989.
■ Hatch Political Activity Act, 5 USC 1501-8.
■ Lobbying and Disclosure, 42 USC 3537a and 3545 and 31 USC 1352 (Byrd Anti -Lobbying
Amendment). 31 USC 1352 provides that Contractors who apply or bid for an award of $100,000 or
more must file the required certification. Each tier certifies to the tier above that it will not and has not
used Federal appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, officer or employee of
Congress, or an employee of a member of Congress in connection with obtaining any Federal contract,
grant or other award covered by 31 USC 1352. Each tier must disclose any lobbying with non -Federal
funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded
from tier to tier up to the recipient.
■ Non -Supplanting Federal Funds.
■ Section 8 Housing Assistance Payments Program.
o Privacy
■ Privacy Act of 1974, 5 USC 522a.
o Relocation
Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970 and implementing
regulations at 49 CFR part 24.
■ Section 104(d) of the Housing and Community Development Act of 1974 and the implementing
regulations at 24 CRF part 570.
• WASHINGTON STATE LAWS AND REGULATIONS
o Affirmative Action, RCW 41.06.020 .
o Departments of Directors or Officers of Non -Profit Corporations — Liability - Limitations, RCW 4.24.264.
o Disclosure -Campaign Finances -Lobbying, Chapter 42.17 RCW.
o Discrimination -Human Rights Commission, Chapter 49.60 RCW.
o Ethics in Public Service, Chapter 42.52 RCW.
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o Affordable Housing Program, Chapter 43.185 RCW
o Interlocal Cooperation Act, Chapter 39.34 RCW.
o Noise Control, Chapter 70.107 RCW.
o Office of Minority and Women's Business Enterprises, Chapter 39.19 RCW and Chapter 326-02 WAC.
o Open Public Meetings act, Chapter 42.30 RCW.
o Prevailing Wages on Public Works, Chapter 39.12 RCW.
o Public Records Act, Chapter 42.56 RCW.
o Relocation Assistance - Real Property Acquisition Policy, Chapter 8.26 RCW.
o Shoreline Management Act of 1971, Chapter 90.58 RCW.
o State Budgeting, Accounting, and Reporting System, Chapter 43.88 RCW.
o State Building Code, Chapter 19.27 RCW and Energy -Related Building Standards, Chapter 19.27A RCW,
and Provisions in Buildings for Aged and Handicapped Persons, Chapter 70.92 RCW.
o State Coastal Zone Management Program Section 309 Assessment and Strategy (Publication 01-06-
003), Shorelands and Environmental Assistance Program, Washington State Department of Ecology.
o State Environmental Policy, Chapter 43.21 C RCW.
o State Executive Order 05-05, Archeological and Cultural Resources.
56. LICENSING, ACCREDITATION AND REGISTRATION
The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration
requirements or standards necessary for the performance of this Contract.
57. LIMITATION OF AUTHORITY
Amendments must be mutually negotiated. Only the Authorized Representative or Authorized Representative's
designee by writing (designation to be made prior to action) shall have the express, implied, or apparent authority to
negotiate alterations, amendments, modifications, or waivers to any clause or condition of this Contract.
58. LOCAL PUBLIC TRANSPORATION COORDINATION
Where applicable, Contractor shall participate in local public transportation forums and implement strategies designed
to ensure access to services.
59. NOTIFICATION OF TENANT RIGHTS/RESPONSIBILITIES
The Contractor shall provide all tenants, if any, with information outlining tenant rights and responsibilities under the
Washington State Landlord Tenant laws, Title 59, Revised Code of Washington.
The Contractor shall also provide all occupants of property acquired with U.S. Department of Housing and Urban
Development (HUD) funds notice regarding their eligibility for relocation assistance. Such notices will be provided as
required by the Uniform Relocation Assistance and Real Property Acquisition Act of 1970, as amended and
referenced in 49 CFR part 24 and Section 104(d) of the Housing and Community Development Act of 1974, as
amended and referenced in 24 CFR 570 and noted in HUD's Handbook No. 1378. Notifications will include but not be
limited to:
• General Information Notice
• Notice of Displacement/Non-Displacement
60. POLITICAL ACTIVITIES
Political activity of Contractor employees and officers are limited by the State Campaign Finances and Lobbying
provisions of Chapter 42.17 RCW and the Federal Hatch Act, 5 USC 1501 - 1508.
No funds may be used for working for or against ballot measures or for or against the candidacy of any person for
public office.
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61. PROCUREMENT STANDARDS FOR FEDERALLY FUNDED PROGRAMS
A Contractor which is a local government or Indian Tribal government must establish procurement policies and
procedures in accordance with OMB Circulars A-102, Uniform Administrative Requirements for Grants in Aid for State
and Local Governments, for all purchases funded by this Contract.
A Contractor which is a nonprofit organization shall establish procurement policies in accordance with OMB Circular
A-110, Uniform Administrative Requirements for Grants and Agreements with Nonprofit Agencies, for all purchases
funded by this Contract.
The Contractor's procurement system should include at least the following:
• A code or standard of conduct that shall govern the performance of its officers, employees, or agents
engaged in the awarding of contracts using federal funds.
• Procedures that ensure all procurement transactions shall be conducted in a manner to provide, to the
maximum extent practical, open and free competition.
• Minimum procedural requirements, as follows:
o Follow a procedure to assure the avoidance of purchasing unnecessary or duplicative items.
o Solicitations shall be based upon a clear and accurate description of the technical requirements of the
procured items.
o Positive efforts shall be made to use small and minority -owned businesses.
o The type of procuring instrument (fixed price, cost reimbursement) shall be determined by the
Contractor, but must be appropriate for the particular procurement and for promoting the best interest of
the program involved.
o Contracts shall be made only with reasonable subcontractors who possess the potential ability to
perform successfully under the terms and conditions of the proposed procurement.
o Some form of price or cost analysis should be performed in connection with every procurement action.
o Procurement records and files for purchases shall include all of the following:
■ Contractor selection or rejection.
■ The basis for the cost or price.
■ Justification for lack of competitive bids if offers are not obtained.
• A system for contract administration to ensure Contractor conformance with terms, conditions and
specifications of this Contract, and to ensure adequate and timely follow-up of all purchases.
• Contractor and Subcontractor must receive prior approval from the Department for using funds from this
Contract to enter into a sole source contract or a contract where only one bid or proposal is received
when value of this contract is expected to exceed $5,000.
Prior approval requests shall include a copy of proposed contracts and any related procurement documents and
justification for non-competitive procurement, if applicable.
62. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISION
The funds provided under this Contract shall not be used in payment of any bonus or commission for the purpose of
obtaining approval of the application for such funds or any other approval or concurrence under this Contract
provided, however, that reasonable fees or bona fide technical consultant, managerial, or other such services, other
than actual solicitation, are not hereby prohibited if otherwise eligible as project costs.
63. PUBLICITY
The Contractor agrees not to publish or use any advertising or publicity materials in which the state of Washington or
the Department's name is mentioned, or language used from which the connection with the state of Washington's or
the Department's name may reasonably be inferred or implied, without the prior written consent of the Department.
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64. RECAPTURE
In the event that the Contractor fails to perform this contract in accordance with state laws, federal laws, and/or the
provisions of this contract, The Department reserves the right to recapture funds in an amount to compensate the
Department for the noncompliance in addition to any other remedies available at law or in equity.
Repayment by the Contractor of funds under this recapture provision shall occur within the time period specified by
the Department. In the alternative, The Department may recapture such funds from payments due under this contract.
65. REGISTRATION WITH DEPARTMENT OF REVENUE
If required by law, the Contractor shall complete registration with the Washington State Department of Revenue.
66. RIGHT OF INSPECTION
At no additional cost all records relating to the Contractor's performance under this Contract shall be subject at all
reasonable times to inspection, review, and audit by the Department, the Office of the State Auditor, and federal and
state officials so authorized by law, in order to monitor and evaluate performance, compliance, and quality assurance
under this Contract. The Contractor shall provide access to its facilities for this purpose.
67. SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the
effective date of this Contract and prior to normal completion, The Department may terminate the Contract under the
"Termination for Convenience" clause, without the ten business day notice requirement. In lieu of termination, the
Contract may be amended to reflect the new funding limitations and conditions.
68. SEVERABILITY
If any provision of this Contract or any provision of any document incorporated by reference shall be held invalid, such
invalidity shall not affect the other provisions of this Contract that can be given effect without the invalid provision, if
such remainder conforms to the requirements of law and the fundamental purpose of this Contract and to this end the
provisions of this Contact are declared to be severable.
69. SUBCONTRACTING
The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written approval of
the Department.
If the Department approves subcontracting, the Contractor shall maintain written procedures related to subcontracting,
as well as copies of all subcontracts and records related to subcontracts. For cause, the Department in writing may
(a) require the Contractor to amend its subcontracting procedures as they relate to this Contract; (b) prohibit the
Contractor from subcontracting with a particular person or entity; or (c) require the Contractor to rescind or amend a
subcontract.
Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The Contractor is
responsible to the Department if the Subcontractor fails to comply with any applicable term or condition of this
Contract. The Contractor shall appropriately monitor the activities of the Subcontractor to assure fiscal conditions of
this Contract. In no event shall the existence of a subcontract operate to release or reduce the liability of the
Contractor to the Department for any breach in the performance of the Contractor's duties.
Every subcontract shall include a term that the Department and the State of Washington are not liable for claims or
damages arising from a Subcontractor's performance of the subcontract.
70. SURVIVAL
The terms, conditions, and warranties contained in this Contract that by their sense and context are intended to
survive the completion of the performance, cancellation or termination of this Contract shall so survive.
71. TAXES
All payments accrued on account of payroll taxes, unemployment contributions, the Contractor's income or gross
receipts, any other taxes, insurance or expenses for the Contractor or its staff shall be the sole responsibility of the
Contractor.
72. TERMINATION FOR CAUSE/SUSPENSION
If the Department concludes that the Contractor has failed to comply with the terms and conditions of this Contract, or
has failed to use the loan proceeds only for those activities identified in the declared SCOPE OF WORK, or has
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PCL29176-0 (Municipal 152
otherwise materially breached one or more of the covenants in this Contract, the Department may at any time, at its
discretion, upon notice to the Contractor, terminate the Contract and/or its attached agreements in whole or in part
and declare the entire remaining balance of the loan, together with any interest accrued, immediately due and payable
in full. Such Notice of Termination for Cause shall be in writing, shall state the reason(s) for such termination, and
shall specify the effective date of the termination. The effective date of the termination will be determined by the
Department. Such notice shall inform the Contractor of the breach of the relevant covenant and shall allow the
Contractor at least thirty (30) business days to cure such breach, if curable. The notice shall instruct the Contractor
that, if the breach is not cured or cannot be cured within thirty (30) business days, the outstanding balance of the loan
shall be due and payable. If this Contract is so terminated, the Department shall be liable only for payment required
under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination.
Nothing in this section shall affect the Contractor's obligations to immediately repay the unpaid balance of the loan as
prescribed in the Washington Administrative Code (WAC) 246-296-150.
73. TERMINATION FOR CONVENIENCE
The Department may terminate this Contract in the event that federal or state funds are no longer available to the
Department, or are not appropriated for the purpose of meeting the Department's obligations under this Contract. The
Department shall notify the Contractor in writing of its determination to terminate and the reason for such termination.
The effective date of the termination will be determined by the Department. If this Contract is so terminated, the
Department shall be liable only for payment required under the terms of this Contract for services rendered or goods
delivered prior to the effective date of termination. Nothing in this section shall affect Contractor's obligations to repay
the unpaid balance of the loan.
74. CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Ethics Board or other tribunal, Department of Health may, in its
sole discretion, by written notice to the Contractor terminate this contract if it is found after due notice and examination
by Department of Health that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or any
similar statute involving the Contractor in the procurement of, or performance under this contract.
Specific restrictions apply to contracting with current or former state employees pursuant to chapter 42.52 of the
Revised Code of Washington. The Contractor and their subcontractor(s) must identify and state of Washington
employees for former state employees employed or on the firm's governing board during the past 24 months. Identify
the individual by name, the agency previously or currently employed by, job title or position held, and separation date.
If it is determined by the Department of Health that a conflict of interest exists, the Contractor may be disqualified from
further consideration for the award of a contract.
In the event this contract is terminated as provided above, the Department shall be entitled to pursue the same
remedies against the Contractor as it could pursue in the event of a breach of the contract by the Contractor. The
rights and remedies of the department provided for in this clause shall not be exclusive and are in addition to any
other rights and remedies provided by law. The existence of facts upon which the Department makes any
determination under this clause shall be an issue and may be reviewed as provided in the "Disputes" clause of this
contract.
75. TERMINATION PROCEDURES
After receipt of a notice of termination, except as otherwise directed by the Department, the Contractor shall:
• Stop work under the Contract on the date, and to the extent specified, in the notice;
• Place no further orders or subcontracts for materials, services, or facilities related to the Contract;
• Assign to the Department all of the rights, title, and interest of the Contractor under the orders and
subcontracts so terminated, in which case the Department has the right, at its discretion, to settle or pay
any or all claims arising out of the termination of such orders and subcontracts. Any attempt by the
Contractor to settle such claims must have the prior written approval of the Department; and
• Preserve and transfer any materials, contract deliverables and/or the Department property in the
Contractor's possession as directed by the Department.
Upon termination of the Contract, the Department shall pay the Contractor for any service provided by the Contractor
under the Contract prior to the date of termination. The Department may withhold any amount due as the Department
reasonably determines is necessary to protect the Department against potential loss or liability resulting from the
termination. The Department shall pay any withheld amount to the Contractor if the Department later determines that
loss or liability will not occur.
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The rights and remedies of the Department under this section are in addition to any other rights and remedies
provided under this Contract or otherwise provided under law.
76. WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver
shall not be construed to be a modification of the terms of this Contract unless stated to be such in writing and signed
by Authorized Representative of the Department.
77. WORK HOURS AND SAFETY STANDARDS
The Contract Work Hours and Safety Standards Act (40 USC 327-333)-Where applicable, all contracts awarded by
recipients in excess of $100,000 for construction and other purposes that involve the employment of mechanics or
laborers must include a provision for compliance with Section 102 and 107 of the Contract Work Hours Safety
Standards Act (40 USC 327-333), as supplemented by Department of Labor regulations (29 CFR part 5). Under
Section 102 of the Act, each subcontractor is required to compute the wages of every mechanic and laborer on the
basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that
the worker is compensated at a rate of not less than 1 '/2 times the basic rate of pay for all hours worked in excess of
40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or
mechanic is required to work in surroundings or under working conditions which are unsanitary, hazardous, or
dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available
on the open market, or contracts for transportation or transmission of intelligence.
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ATTACHMENT I: ATTORNEY'S CERTIFICATION
DRINKING WATER STATE REVOLVING FUND
(MUNICIPAL)
City of Port Orchard
PCL29176-0
I, , hereby certify:
I am an attorney at law admitted to practice in the State of Washington and the duly appointed attorney of the
Contractor identified on the Declarations Page of the Contract identified above; and
I have also examined any and all documents and records, which are pertinent to the Contract, including the
application requesting this financial assistance.
Based on the foregoing, it is my opinion that:
a) The Contractor is a public body, properly constituted and operating under the laws of the State of
Washington, empowered to receive and expend federal, state and local funds, to contract with the State
of Washington, and to receive and expend the funds involved to accomplish the objectives set forth in
their application.
b) The Contractor is empowered to accept the Drinking Water State Revolving Fund financial assistance
and to provide for repayment of the loan as set forth in the loan agreement.
c) There is currently no litigation in existence seeking to enjoin the commencement or completion of the
above -described public facilities project or to enjoin the Contractor from repaying the Drinking Water
State Revolving Fund loan extended by the DOH with respect to such project. The Contractor is not a
party to litigation, which will materially affect its ability to repay such loan on the terms contained in the
loan agreement.
d) Assumption of this obligation would not exceed statutory and administrative rule debt limitations
applicable to the Contractor.
Signature of Attorney
Name
Address
Date
City of Port Orchard Page 24 of 34 Attachment I: Attorney's Certification
PCL29176-0 DWSRF NT Preconstruction Loan Contract
(Municipal 155
ATTACHMENT II: FEDERAL AND STATE REQUIREMENTS
1. ENVIRONMENTAL AUTHORITIES
• Archeological and Historic Preservation Act of 1974, Public Law 86-523 as amended
• Clean Air Act, Public Law 84-159 as amended
• Coastal Zone Management Act, Public Law 92-583 as amended
• Endangered Species Act, Public Law 93-205 as amended
• Environmental Justice, Executive Order 12898
• Floodplain Management, Executive Order 11988 as amended by Executive Order 12148
• Protection of Wetlands, Executive Order 11990
• Farmland Protection Policy Act, Public Law 97-98
• Fish and Wildlife Coordination Act, Public Law 85-624 as amended
• National Historic Preservation Act of 1966, Public Law 89-665 as amended
• Safe Drinking Water Act, Public Law 93-523 as amended
• Wild and Scenic Rivers Act, Public Law 90-542 as amended
2. ECONOMIC AND MISCELLANEOUS AUTHORITIES
• Demonstration Cities and Metropolitan Development Act of 1996, Public Law 89-754 as amended, Executive
Order 12372
• Procurement Prohibitions under Section 306 of the Clean air Act and Section 508 of the Clean Water Act,
including Executive Order 11738, Administration of the Clean Air Act and the Federal Water Pollution Control Ac
with Respect to Federal Contracts, Grants, or Loans
• Uniform Relocation and Real Property Policies Act, Public Law 91-646 as amended
• Debarment and Suspension, Executive Order 12549
• H.R. 3547, Consolidated Appropriations Act, 2014.
3. SOCIAL POLICY AUTHORITIES
• Age Discrimination Act of 1975, Public Law 94-135
• Title VI of the Civil Rights Act of 1964, Public Law 88-352
• Section 13 of the Federal Water Pollution Control Act Amendments of 1972, Public Law 92-500 (the Clean Water
Act)
• Section 504 of the Rehabilitation Act of 1973, Public Law 93-112 (including Executive Orders 11914 and 11250)
• Equal Employment Opportunity, Executive Order 11246
• Disadvantaged Business Enterprise, Public Law 101-549 (the Clean Air Act), and Public Law 102-389 (the Clean
Water Act)
• Section 129 of the Small Business Administration Reauthorization and Amendment Act of 1988, Public Law 100-
590
4. STATE LAWS
• Chapter 36.70A RCW, Growth Management Act
• Chapter 39.80 RCW, Contracts for Architectural and Engineering Services
• Chapter 39.12 RCW, Washington State Public Works Act
• Chapter 43.20 RCW, State Department of Health
• Chapter 43.70 RCW, Department of Health
• Chapter 43.155 RCW, Public Works Project
• Chapter 70.116 RCW, Public Water Systems Coordination Act of 1977
• Chapter 70.119 RCW, Public Water Supply Systems Certification and Regulation of Operations
• Chapter 70.119A RCW, Public Water Systems, Penalties & Compliances
• Chapter 246-290 WAC, Group A Public Water Systems
• Chapter 246-291 WAC, Group B Public Water Systems
• Chapter 246-292 WAC, Waterworks Operator Certification Regulations
• Chapter 246-293 WAC, Water Systems Coordination Act
• Chapter 246-294 WAC, Drinking Water Operating Permits
• Chapter 246-295 WAC, Satellite System Management Agencies
• Chapter 246-296 WAC Drinking Water State Revolving Fund Loan Program
• Chapter 173-160 WAC, Minimum Standards for Construction & Maintenance of Wells
City of Port Orchard Page 25 of 34 Attachment III: DBE Requirements
PCL29176-0 DWSRF NT Preconstruction Loan Contrac+
(Municipal 156
• Title 173 WAC, Department of Ecology Rules
• Title 40 Part 141 Code of Federal Regulations, Federal National Primary Drinking Water Regulations (Section
Adopted by Reference)
City of Port Orchard Page 26 of 34 Attachment III: DBE Requirements
PCL29176-0 DWSRF NT Preconstruction Loan Contrac+
(Municipal 157
ATTACHMENT III: DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS
1. GENERAL COMPLIANCE, 40 CFR, PART 33
The Contractor agrees to comply with the requirements of Environmental Protection Agency's Program for Utilization
of Small, Minority and Women's Business Enterprises (MBE/WBE) in procurement under this Contract, contained in
40 CFR, Part 33.
2. FAIR SHARE OBJECTIVES, 40 CFR, PART 33, SUBPART D
The following are exemptions from the fair share objective Requirements:
Grant and loan recipients receiving a total of $250K or less in EPA financial assistance in a given fiscal year.
Tribal recipients of Performance Partnership Eligible grants under 40 CFR Part 35, Subpart B.
o There is a 3-year phase in period for the requirement to negotiate fair share goals for Tribal and Insular Area
recipients.
Recipients of Technical Assistance Grants.
The Fair Share Objectives or goals for the utilization of disadvantaged businesses negotiated with EPA by the WA
Office of Minority Women Business are stated below.
Construction
10% MBE
6% WBE
Supplies
8% MBE
4% WBE
Equipment
8% MBE
4% WBE
Purchased Services
10% MBE
4% WBE
By signing this Contract, the Contractor is accepting the fair share objectives/goals stated above and attests to
the fact that it is purchasing the same or similar construction, supplies, services and equipment, in the same or
similar relevant geographic buying market as WA Office of Minority Women Business goal is being adopted.
3. SIX GOOD FAITH EFFORTS, 40 CFR, PART 33, SUBPART C
Pursuant to 40 CFR, Section 33.301, the Contractor agrees to make the following good faith efforts whenever
procuring construction, equipment, services and supplies under an EPA financial assistance agreement, and to
ensure that sub -recipients, loan recipients, and prime contractors also comply.
Records documenting compliance with the six good faith efforts shall be retained. The six good faith efforts shall
include:
• Ensure Disadvantaged Business Enterprises are made aware of contracting opportunities to the fullest extent
practicable through outreach and recruitment activities. For Indian Tribal, State and Local Government recipients,
this will include placing the Disadvantaged Business Enterprises on solicitation lists and soliciting them whenever
they are potential sources.
• Make information on forthcoming opportunities available to Disadvantaged Business Enterprises and arrange time
frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages
and facilitates participation by Disadvantaged Business Enterprises in the competitive process. This includes,
whenever possible, posting solicitations for bids or proposals for a minimum of thirty (30) calendar days before the
bid or proposal closing date.
• Consider in the contracting process whether firms competing for large contracts could subcontract with
Disadvantaged Business Enterprises. For Indian Tribal, State and Local Government recipients, this will include
dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum
participation by Disadvantaged Business Enterprises in the competitive process.
• Encourage contracting with a consortium of Disadvantaged Business Enterprises when a contract is too large for
one of these firms to handle individually.
• Use the services and assistance of the Small Business Administration and the Minority Business Development
Agency of The Department of Health.
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• If the prime contractor awards subcontracts, also require the prime contractor to take the five good faith efforts in
paragraphs A through E above.
4. MBE/WBE REPORTING, 40 CFR, PART 33, SECTIONS33.502 AND 33.503
Contractor is required to submit MBE/WBE participation reports to the Department and/or the Department of Health,
on a quarterly basis, beginning with the Federal fiscal year reporting period the Contractor receives the award and
continuing until the project is completed.
5. CONTRACT ADMINISTRATION PROVISIONS, 40 CFR, SECTION 33.302
The Contractor agrees to comply with the contract administration provisions of 40 CFR, Section 33.302.
The Contractor agrees to require all general contractors to provide forms: EPA Form 6100-2 DBE Subcontractor
Participation Form and EPA Form 6100-3 DBE Subcontractor Performance Form to all its Disadvantaged Business
Enterprise subcontractors, engineers, vendors, and any other entity for work or services listed in the declared
SCOPE OF WORK. These two (2) forms may be obtained from the EPA Office of Small Business Program's website
on the internet at httD://www.eDa.aov/osbD/arants.htm.
The Contractor agrees to require all general contractors to complete and submit to the Contractor and Environmental
Protection Agency EPA Form 6100-4 DBE Subcontractor Utilization Form beginning with the Federal fiscal year
reporting period the Contractor receives the award and continuing until the project is completed. Only procurements
with certified MBE/WBEs are counted toward a Contractor's MBE/WBE accomplishments.
6. BIDDERS LIST, 40 CFR, SECTION 33.501(b) AND (c)
The Contractor is also required to create and maintain a bidders list if the Contractor of the loan is subject to, or
chooses to follow, competitive bidding requirements. Please see 40 CFR, Section 33.501 (b) and (c) for specific
requirements and exemptions.
Section 33.501(b) of the rule is as follows
A recipient of a Continuing Environmental Program Grant or other annual grant must create and maintain a bidders
list. In addition, a recipient of an EPA financial assistance agreement to capitalize a revolving loan fund also must
require entities receiving identified loans to create and maintain a bidders list if the recipient of the loan is subject to,
or chooses to follow, competitive bidding requirements. The purpose of a bidders list is to provide the recipient and
entities receiving identified loans who conduct competitive bidding with as accurate a database as possible about the
universe of MBE/WBE and non-MBE/WBE prime and subcontractors. The list must include all firms that bid or quote
on prime contracts or bid or quote on subcontracts under EPA assisted projects, including both MBE/WBEs.
The bidders list must be kept until the grant project period has expired and the recipient is no longer receiving EPA
funding under the grant. For entities receiving identified loans, the bidders list must be kept until the project period for
the identified loan has ended. The following information must be obtained from all prime and subcontractors:
• Entity's name with point of contact;
• Entity's mailing address, telephone number, and e-mail address;
• The procurement on which the entity bid or quoted, and when; and
• Entity's status as a MBE/WBE1 or non-MBE/WBE.
The exemption found at § 33.501(c) is as follows:
A recipient of an EPA financial assistance agreement in the amount of $250,000 or less for any single assistance
agreement, or of more than one financial assistance agreement with a combined total of $250,000 or less in any one
fiscal year, is exempt from the paragraph (b) of this section requirement to create and maintain a bidders list. Also, a
recipient under the CWSRF, DWSRF, or BCRLF Program is not required to apply the paragraph (b) of this section
bidders list requirement of this subpart to an entity receiving an identified loan in an amount of $250,000 or less, or to
an entity receiving more than one identified loan with a combined total of $250,000 or less in any one fiscal year.
This exemption is limited to the paragraph (b) of this section bidders list requirements of this subpart.
Qualified Women and Minority business enterprises may be found on the Internet at www.omwbe.wa.gov or by contacting the Washington State Office
of Minoritv and Women's Enterprises at 360-704-1181.
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ATTACHMENT IV: CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND
OTHER RESPONSIBILITY MATTERS
&EPAUnited States
Envir-onmental Protection Agency
United States Environmental Protection Agency EPA Project Control Number
Washington, DC 20460
The prospective participant certifies to the best of its knowledge and belief that it and the principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
covered transactions by any Federal department or agency;
(b) Have not within a three year period preceding this proposal been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or
performing a public (Federal, State, or local) transaction or contract under a public transaction: violation of Federal or
State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
(c) Are not presently indicted for otherwise criminally or civilly charged by a government entity (Federal, State, or local)
with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal,
State, or local) terminated for cause or default.
I understand that a false statement on this certification may be ground for rejection of this proposal or termination of the
award. In addition, under 18 USC Sec. 1001, a false statement may result in a fine of up to $10,000 or imprisonment for
up to 5 years, or both.
Typed Name & Title of Authorized Representative
Signature of Authorized Representative Date
1-1 1 am unable to certify to the above statements. My explanation is attached.
EPA Form 5700-49 (11-88)
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ATTACHMENT V: DWSRF ELIGIBLE PROJECT COSTS
Must be directly attributable to the project.
1. The costs for complying with the Uniform Relocation
Assistance and Real Property Acquisition Policies
Act of 1970.
2. DWSRF loan fees.
3. The purchase of a portion of another system's
capacity, if it is the most cost effective solution
(limited to publicly owned (municipal) systems).
4. Construction of reservoirs (clear wells) that are part
of the treatment process and are collocated with the
treatment facility.
5. Construction of distribution reservoirs (finished
water).
6. Cost associated with restructuring or consolidation of
existing water systems by publicly owned water
systems.
7. Main extensions to connect to safe and reliable
sources of drinking water.
8. Cost associated with collecting and preparing
environmental assessment documents to obtain local
permits.
9. Direct labor including related employee benefits:
9.1. Salaries and wages (at actual or average rates)
covering productive labor hours of employees of
the borrower (excluding the administrative
organization of the operating unit involved) for
periods of time actively or incidentally engaged
in pre -design engineering, design engineering,
construction engineering, acquisition of rights of
way, and the cleaning, sterilization or
bacteriological testing of water system
components prior to public use. The costs of
services rendered by employees generally
classified as administration/project management
of the loan are considered a direct cost only
when such employees are assigned the types of
services described above and shall be limited to
3% or less of the project loan amount.
9.2. Employee benefits relating to labor are
considered a direct cost of construction projects.
The following items may be included as
employee benefits:
• F.I.C.A. (Social Security) —employer's
share.
• Retirement benefits.
• Hospital, health, dental, and other
welfare insurance.
• Life insurance.
• Industrial and medical insurance.
• Vacation.
• Holiday.
• Sick leave.
• Military leave and jury duty.
Employee benefits must be calculated as a
percentage of direct labor dollars. The
computation of predetermined percentage
rates to be applied to current labor costs
must be based on the average of total
employee benefits and total labor costs for
the prior fiscal year and adjusted by known
current year variations.
• Other than work identified in Number
9.1, no costs associated with labor
performed by the borrower's
employees, including force account
work, are eligible for financing
assistance.
10. Contract engineering, planning, design, legal, and
financial planning services. The Department reserves
the right to declare ineligible legal costs that are
unreasonable and disproportionate to the project.
11. Contract preconstruction work.
12. Direct vehicle and equipment charges at the actual
rental cost paid for the equipment or, in the case of
city or county -owned equipment, at the rental rates
established by the local government's "equipment
rental and revolving fund" following the methods
prescribed by the division of municipal corporations.
However, such costs must be charged on a uniform
basis to equipment used for all projects regardless of
the source of funding. Cities with a population of
eight thousand or less not using this type of fund are
allowed the same rates as used by the State
Department of Transportation.
13. Direct materials and supplies.
14. Other direct costs incurred for materials or services
acquired for a specific project are eligible costs and
may include, but are not limited to such items as:
14.1.Telephone charges.
14.2.Reproduction and photogrammetry costs.
14.3.Video and photography for project
documentation.
14A.Computer usage.
14.5.Printing and advertising.
15. Other project related costs include:
15.1. Competitive Bidding.
15.2. Audit.
15.3. Insurance.
15.4. Prevailing wages.
15.5. Attorney fees.
15.6. Environmental Review.
15.7. Archaeological Survey.
Water system plan and Small water system management
program and plan amendments costs are eligible for
reimbursement.
Projects may be designed to accommodate reasonable
growth. This is generally the 20-year projection included
in the system's water system plan or small water system
management program.
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ATTACHMENT VI: LABOR STANDARD PROVISIONS FOR SUBRECIPIENTS THAT ARE
GOVERNMENTAL ENTITIES
Wage Rate Requirements Under The Consolidated and Further Continuing Appropriations Act, 2015 (P.L. 113-
235)
For Subrecipients That Are Governmental Entities:
The following terms and conditions specify how recipients will assist EPA in meeting its Davis -Bacon (DB) responsibilities
when DB applies to EPA awards of financial assistance under the FY 2015 appropriations act with respect to State
recipients and subrecipients that are governmental entities. If a subrecipient has questions regarding when DB applies,
obtaining the correct DB wage determinations, DB provisions, or compliance monitoring, it may contact Department of
Health. If a State recipient needs guidance, they may obtain additional guidance from DOL's web site at
http://www.dol.gov/whd/.
1. Applicability of the Davis- Bacon (DB) prevailing wage requirements.
Under the FY 2015 Consolidated and Further Continuing Appropriations Act, DB prevailing wage requirements apply to
the construction, alteration, and repair of treatment works carried out in whole or in part with assistance made available by
a State water pollution control revolving fund and to any construction project carried out in whole or in part by assistance
made available by a drinking water treatment revolving loan fund. If a subrecipient encounters a unique situation at a site
that presents uncertainties regarding DB applicability, the subrecipient must discuss the situation with the recipient State
before authorizing work on that site.
2. Obtaining Wage Determinations.
(a) Subrecipients shall obtain the wage determination for the locality in which a covered activity subject to DB will take
place prior to issuing requests for bids, proposals, quotes or other methods for soliciting contracts (solicitation) for
activities subject to DB. These wage determinations shall be incorporated into solicitations and any subsequent contracts.
Prime contracts must contain a provision requiring that subcontractors follow the wage determination incorporated into the
prime contract.
(i) While the solicitation remains open, the subrecipient shall monitor www.wdol.gov weekly to ensure that the
wage determination contained in the solicitation remains current. The subrecipients shall amend the
solicitation if DOL issues a modification more than 10 days prior to the closing date (i.e. bid opening) for the
solicitation. If DOL modifies or supersedes the applicable wage determination less than 10 days prior to the
closing date, the subrecipients may request a finding from the State recipient that there is not a reasonable
time to notify interested contractors of the modification of the wage determination. The State recipient will
provide a report of its findings to the subrecipient.
(ii) If the subrecipient does not award the contract within 90 days of the closure of the solicitation, any
modifications or supersedes DOL makes to the wage determination contained in the solicitation shall be
effective unless the State recipient, at the request of the subrecipient, obtains an extension of the 90 day
period from DOL pursuant to 29 CFR 1.6(c)(3)(iv). The subrecipient shall monitor www.wdol.gov on a weekly
basis if it does not award the contract within 90 days of closure of the solicitation to ensure that wage
determinations contained in the solicitation remain current.
(b) If the subrecipient carries out activity subject to DB by issuing a task order, work assignment or similar instrument to
an existing contractor (ordering instrument) rather than by publishing a solicitation, the subrecipient shall insert the
appropriate DOL wage determination from www.wdol.gov into the ordering instrument.
(c) Subrecipients shall review all subcontracts subject to DB entered into by prime contractors to verify that the prime
contractor has required its subcontractors to include the applicable wage determinations.
(d) As provided in 29 CFR 1.6(f), DOL may issue a revised wage determination applicable to a subrecipient's contract
after the award of a contract or the issuance of an ordering instrument if DOL determines that the subrecipient has failed
to incorporate a wage determination or has used a wage determination that clearly does not apply to the contract or
ordering instrument. If this occurs, the subrecipient shall either terminate the contract or ordering instrument and issue a
revised solicitation or ordering instrument or incorporate DOL's wage determination retroactive to the beginning of the
contract or ordering instrument by change order. The subrecipient's contractor must be compensated for any increases in
wages resulting from the use of DOL's revised wage determination.
3. Contract and Subcontract provisions.
(a) The Recipient shall insure that the subrecipient(s) shall insert in full in any contract in excess of $2,000 which is
entered into for the actual construction, alteration and/or repair, including painting and decorating, of a treatment work
under the CWSRF or a construction project under the DWSRF financed in whole or in part from Federal funds or in
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accordance with guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal
agency to make a loan, grant or annual contribution (except where a different meaning is expressly indicated), and which
is subject to the labor standards provisions of any of the acts listed in § 5.1 or the FY 2015 appropriations act, the
following clauses:
(1) Minimum wages.
(i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less
often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as
are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of
wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than
those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof,
regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and
mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon
Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the
provisions of paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly
period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are
deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the
appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed,
without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each classification for the time actually worked therein:
Provided that the employer's payroll records accurately set forth the time spent in each classification in which work is
performed. The wage determination (including any additional classification and wage rates conformed under paragraph
(a)(1)(ii) of this section) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the contractor and its
subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
Subrecipients may obtain wage determinations from the U.S. Department of Labor's web site, www.dol.gov.
(ii)(A) The subrecipient(s), on behalf of EPA, shall require that any class of laborers or mechanics, including helpers,
which is not listed in the wage determination and which is to be employed under the contract shall be classified in
conformance with the wage determination. The State award official shall approve a request for an additional classification
and wage rate and fringe benefits therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage
determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates
contained in the wage determination.
(B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and the subrecipient(s) agree on the classification and wage rate (including the amount designated for
fringe benefits where appropriate), documentation of the action taken and the request, including the local wage
determination shall be sent by the subrecipient (s) to the State award official. The State award official will transmit the
request, to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of
Labor, Washington, DC 20210 and to the EPA DB Regional Coordinator concurrently. The Administrator, or an
authorized representative, will approve, modify, or disapprove every additional classification request within 30 days of
receipt and so advise the State award official or will notify the State award official within the 30-day period that additional
time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives,
and the subrecipient(s) do not agree on the proposed classification and wage rate (including the amount designated for
fringe benefits, where appropriate), the award official shall refer the request and the local wage determination, including
the views of all interested parties and the recommendation of the State award official, to the Administrator for
determination. The request shall be sent to the EPA DB Regional Coordinator concurrently. The Administrator, or an
authorized representative, will issue a determination within 30 days of receipt of the request and so advise the contracting
officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii)(B) or (C) of
this section, shall be paid to all workers performing work in the classification under this contract from the first day on which
work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe
benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage
determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
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(iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the
wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits
under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the contractor, that
the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set
aside in a separate account assets for the meeting of obligations under the plan or program.
(2) Withholding. The subrecipient(s), shall upon written request of the EPA Award Official or an authorized representative
of the Department of Labor, withhold or cause to be withheld from the contractor under this contract or any other Federal
contract with the same prime contractor, or any other federally -assisted contract subject to Davis -Bacon prevailing wage
requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the
contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any
laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of
the wages required by the contract, the (Agency) may, after written notice to the contractor, sponsor, applicant, or owner,
take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds
until such violations have ceased.
(3) Payrolls and basic records.
(i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and
preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such
records shall contain the name, address, and social security number of each such worker, his or her correct classification,
hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash
equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours
worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)
that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits
under a plan or program described in section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records
which show that the commitment to provide such benefits is enforceable, that the plan or program is financially
responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and
records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing
apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship
programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage
rates prescribed in the applicable programs.
(ii)(A) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to
the subrecipient, that is, the entity that receives the sub -grant or loan from the State capitalization grant recipient. Such
documentation shall be available on request of the State recipient or EPA. As to each payroll copy received, the
subrecipient shall provide written confirmation in a form satisfactory to the State indicating whether or not the project is in
compliance with the requirements of 29 CFR 5.5(a)(1) based on the most recent payroll copies for the specified week.
The payrolls shall set out accurately and completely all of the information required to be maintained under 29 CFR
5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on the weekly payrolls.
Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four
digits of the employee's social security number). The required weekly payroll information may be submitted in any form
desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at
http://www.dol.-gov/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the
submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social
security number and current address of each covered worker, and shall provide them upon request to the subrecipient(s)
for transmission to the State or EPA if requested by EPA, the State, the contractor, or the Wage and Hour Division of the
Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a
violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers
to the prime contractor for its own records, without weekly submission to the subrecipient(s).
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or
subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and
shall certify the following:
(1) That the payroll for the payroll period contains the information required to be provided under § 5.5 (a)(3)(ii) of
Regulations, 29 CFR part 5, the appropriate information is being maintained under § 5.5 (a)(3)(i) of Regulations, 29 CFR
part 5, and that such information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the
payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no
deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as
set forth in Regulations, 29 CFR part 3;
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(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash
equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into
the contract.
(C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347
shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (a)(3)(ii)(B) of this
section.
(D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal
prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for
inspection, copying, or transcription by authorized representatives of the State, EPA or the Department of Labor, and shall
permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor
fails to submit the required records or to make them available, the Federal agency or State may, after written notice to the
contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further
payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make
such records available may be grounds for debarment action pursuant to 29 CFR 5.12.
(4) Apprentices and trainees—
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed
when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the
U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and
Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her
first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually
registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor
Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an
apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater
than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a
payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less
than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any
apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not
less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is
performing construction on a project in a locality other than that in which its program is registered, the ratios and wage
rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered
program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program
for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable
wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship
program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of
fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a
different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that
determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State
Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no
longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an
acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined
rate for the work performed unless they are employed pursuant to and individually registered in a program which has
received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training
Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan
approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified
in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate
specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of
the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of
fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that
there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination
which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is
not registered and participating in a training plan approved by the Employment and Training Administration shall be paid
not less than the applicable wage rate on the wage determination for the classification of work actually performed. In
addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be
paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the
Employment and Training Administration withdraws approval of a training program, the contractor will no longer be
City of Port Orchard Page 34 of 34 Attachment VI: Labor Standards Provisions
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(Municipal 165
permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable
program is approved.
(iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in
conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part
30.
(5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3,
which are incorporated by reference in this contract.
(6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR
5.5(a)(1) through (10) and such other clauses as the EPA determines may by appropriate, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5.
(7) Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of
the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
(8) Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis -Bacon and
Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract.
(9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not
be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the
procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause
include disputes between the contractor (or any of its subcontractors) and Subrecipient(s), State, EPA, the U.S.
Department of Labor, or the employees or their representatives.
(10) Certification of eligibility.
(i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an
interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a)
of the Davis -Bacon Act or 29 CFR 5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by
virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 USC 1001.
4. Contract Provision for Contracts in Excess of $100,000.
(a) Contract Work Hours and Safety Standards Act. The subrecipient shall insert the following clauses set forth in
paragraphs (a)(1), (2), (3), and (4) of this section in full in any contract in an amount in excess of $100,000 and subject to
the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition
to the clauses required by Item 3, above or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics
include watchmen and guards.
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may
require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all
hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in
paragraph (a)(1) of this section the contractor and any subcontractor responsible therefore shall be liable for the unpaid
wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under
contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such
liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and
guards, employed in violation of the clause set forth in paragraph (a)(1) of this section, in the sum of $10 for each
calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the clause set forth in paragraph (a)(1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The subrecipient, upon written request of the EPA Award
Official or an authorized representative of the Department of Labor, shall withhold or cause to be withheld, from any
moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other
Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work
Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be
necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as
provided in the clause set forth in paragraph (b)(2) of this section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph
(a)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier
City of Port Orchard Page 35 of 34 Attachment VI: Labor Standards Provisions
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(Municipal 166
subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in paragraphs (a)(1) through (4) of this section.
(b) In addition to the clauses contained in Item 3, above, in any contract subject only to the Contract Work Hours and
Safety Standards Act and not to any of the other statutes cited in 29 CFR 5.1, the Subrecipient shall insert a clause
requiring that the contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the
work and shall preserve them for a period of three years from the completion of the contract for all laborers and
mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address
of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly
number of hours worked, deductions made, and actual wages paid. Further, the Subrecipient shall insert in any such
contract a clause providing hat the records to be maintained under this paragraph shall be made available by the
contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the (write the name of
agency) and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview
employees during working hours on the job.
5. Compliance Verification
(a) The subrecipient shall periodically interview a sufficient number of employees entitled to DB prevailing wages
(covered employees) to verify that contractors or subcontractors are paying the appropriate wage rates. As provided in 29
CFR 5.6(a)(6), all interviews must be conducted in confidence. The subrecipient must use Standard Form 1445 (SF
1445) or equivalent documentation to memorialize the interviews. Copies of the SF 1445 are available from EPA on
request.
(b) The subrecipient shall establish and follow an interview schedule based on its assessment of the risks of
noncompliance with DB posed by contractors or subcontractors and the duration of the contract or subcontract.
Subrecipients must conduct more frequent interviews if the initial interviews or other information indicated that there is a
risk that the contractor or subcontractor is not complying with DB.
Subrecipients shall immediately conduct interviews in response to an alleged violation of the prevailing wage
requirements. All interviews shall be conducted in confidence."
(c) The subrecipient shall periodically conduct spot checks of a representative sample of weekly payroll data to verify that
contractors or subcontractors are paying the appropriate wage rates. The subrecipient shall establish and follow a spot
check schedule based on its assessment of the risks of noncompliance with DB posed by contractors or subcontractors
and the duration of the contract or subcontract. At a minimum, if practicable, the subrecipient should spot check payroll
data within two weeks of each contractor or subcontractor's submission of its initial payroll data and two weeks prior to the
completion date the contract or subcontract. Subrecipients must conduct more frequent spot checks if the initial spot
check or other information indicates that there is a risk that the contractor or subcontractor is not complying with DB. In
addition, during the examinations the subrecipient shall verify evidence of fringe benefit plans and payments thereunder
by contractors and subcontractors who claim credit for fringe benefit contributions.
(d) The subrecipient shall periodically review contractors and subcontractors use of apprentices and trainees to verify
registration and certification with respect to apprenticeship and training programs approved by either the U.S Department
of Labor or a state, as appropriate, and that contractors and subcontractors are not using disproportionate numbers of,
laborers, trainees and apprentices. These reviews shall be conducted in accordance with the schedules for spot checks
and interviews described in Item 5(b) and (c) above.
(e) Subrecipients must immediately report potential violations of the DB prevailing wage requirements to the Department
of Health and to the appropriate DOL Wage and Hour District Office listed at https://www.dol.aov/whd/local/.
City of Port Orchard Page 36 of 34 Attachment VI: Labor Standards Provisions
PCL29176-0 DWSRF NT Preconstruction Loan Contrac`
(Municipal 167
RESOLUTION NO.
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, ACCEPTING THE
DRINKING WATER STATE REVOLVING FUND (DWSRF) (2023-4186 DWSRF PRE -
CONSTRUCTION LOAN NO. PCL 29176-0), AS MANAGED BY THE WASHINGTON
STATE DEPARTMENT OF HEALTH (DOH), AND APPROVING A CONTRACT WITH
DOH FOR THE WELL NO. 7 TREATMENT AND PUMPING STATION PROJECT.
WHEREAS, improvements to the City of Port Orchard's Well No. 7 were identified as a
priority task for the City; and
WHEREAS, on September 12, 2023, the City Council adopted Resolution 087-23
supporting the City's application for the 2023 Drinking Water State Revolving Fund Loan for a
Pre -Construction loan for preliminary design for necessary improvements to Well 7, including
but not limited to a new settling basin, well house, and disinfection, and to develop a plan to
decommission an existing artesian well (the "Project"); and
WHEREAS on January 22, 2024, the City was approved for a Pre -Construction loan in the
amount of $510,000 (Loan Fee included), from the Drinking Water State Revolving Fund
(DWSRF) managed by the Department of Health (DOH); and
WHEREAS, as a condition of receipt of the loan, DOH requires the City to execute a
contract that governs the terms and conditions of loan acceptance for this Project; and
WHEREAS, the City Council has determined it to be in the best interests of the City to
accept the loan and enter into a Contract with the DOH for the loan for the Well No. 7 Treatment
and Pumping Station Project; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above
are hereby adopted and incorporated as findings in support of this Resolution.
THAT: The City Council hereby accepts the Loan from the DOH and authorizes the
Mayor to execute all documents necessary to effectuate the loan, including but not limited to
the Contract with the DOH for the Well No. 7 Treatment And Pumping Station Project, and the
City agrees to be bound by the terms and conditions thereof.
THAT: The Resolution shall I take full force and effect upon passage and signatures hereon.
168
Resolution No.
Page 2 of 2
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested
by the City Clerk in authentication of such passage this 8th day of October, 2024.
Robert Putaansuu, Mayor
ATTEST:
Brandy Wallace, MMC, City Clerk
169
DqM City of Port Orchard
ORCHARD216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Business Items: Adoption of a Resolution Authorizing the Mayor to Execute a Commercial Facilities
Contract with PSE for the Melcher Pump Station Rehab Project (Ryan)
Meeting Date: October 8, 2024
Prepared By: Heidi Draper, PW Procurement Specialist
Presenter: Denis Ryan, CPWP-M, CPRP, Public Works Director
Summary and Background:
The City identified the need for the Melcher Pump Station Rehabilitation Project (the "Project"). The
Melcher Pump Station is currently the only booster station between the City's 260 and 390 pressure
zones. It has passed its useful life and is badly in need of rehabilitation. Replacing the aged and failing
components of the pump station will extend the useful life of the pump station into the next 50 years.
The City applied for and received a loan through the Washington State Public Works Board (PWB)
Traditional Fund Loan Program. On October 12, 2021, the Port Orchard City Council committed to the
Project by accepting the Washington State Public Works Board (PWB) Traditional Fund Loan which
provided funding for the Project. On May 24, 2022, following a procurement process that complied
with State law and the City's procurement policy, the City Council authorized a contract with a design
consultant to prepare the design for the Project. The Melcher Pump Station Rehabilitation
Construction Project is expected to go out to bid this fall. The Project requires the removal of Puget
Sound Energy's idle three phase transformer bank, replacing a pole and relocating the primary spans.
PSE, as the utility provider for this region, is the sole vendor to provide these necessary services. PSE
has provided the City with a Commercial Electric Facilities Contract that includes an approved design
and construction costs for the required electrical improvements in the amount of $43,728.48 with
additional costs to be identified by PSE. Although the work is performed by PSE and not the City, the
Project —inclusive of the work being performed by PSE—Is a public work, subject to the bidding
requirements set out at RCW 35.23.352. In order to access power for the Project, the City is required
to utilize the services of PSE as the sole available power provider in the area. The City has included the
costs associated with this portion of the Project in the total Project cost. The contract from PSE has an
estimate of total costs for this work, but the final cost will depend on the work PSE determines is
necessary for the connection.
Relationship to Comprenhensive Plan: Chapter 7 - Utilities
Recommendation:
Staff recommends adoption of a Resolution authorizing the Mayor to execute a Commercial Electric
170
Facilities Contract with Puget Sound Energy, to install and maintain electrical infrastructure for the
Melcher Pump Station Rehabilitation Project, with additional costs to be identified by PSE.
Motion for Consideration: Staff recommends adoption of a Resolution authorizing the Mayor to
execute a Commercial Electric Facilities Contract with Puget Sound Energy, to install and maintain
electrical infrastructure for the Melcher Pump Station Rehabilitation Project.
Has item been presented to Committee/Work Study? If so, which one: No
Fiscal Impact: This amount is included in the Melcher Pump Station Rehabilitation Project budget.
Alternatives: Do not approve and provide alternative guidance
Attachments:
PSE_ Commercial _ Electric _ Facilities _Contract_2024-09-05.pdf
RESOLUTION-PSE-Melcher-f.doc
171
Docusign Envelope ID: 6B065EE4-8197-488C-A902-457553691083
ruuc l COMMERCIAL ELECTRIC FACILITIES CONTRACT
' SOUND
ENERGY
Date
08/19/2024
Contract is subject to revision after
90 days
CUSTOMER (OWNER) NAME CITY OF PORT ORCHARD
CO-OWNER NAME (IF APPLICABLE)
SERVICE ADDRESS 1201 SIDNEY AVE
CITY PORT ORCHARD
STATE
ZIP 98366
WA
BILLING ADDRESS 216 PROSPECT ST
CITY PORT ORCHARD
STATE WA
ZIP 98366
PHONE 360-876-7048
EMAIL jbrown@portorchardwa.gov
PSE WORKORDER NO. 101176603
Summary of Charges:
Construction Costs: $ 27,737.58
Transformation Charges: $ 9,083.77
Less Applicable Margin Allowance: $ 0
Sub -Total (Potential Refundable Costs): $ 36,821.35
Permitting Fees*: $ 235.94
Relocation/Removal of Existing Facilities: $ 3,041.81
Other Non -Refundable Construction Charges: $ 3,629.38
Sub -Total (Non -Refundable Costs): $ 6,907.13
Less Deposit Paid in Advance: $ 0
Total Amount to be Billed Under This Contract: $ 43,728.48
Customer Initials
Brief Description of Work:
REMOVE IDLE THREE PHASE TRANSFORMER BANK,
REPLACE POLE, RELOCATE PRIMARY SPANS.
Brief Description of Other Costs:
FLAGGING, MATERIALS & LABOR
*If the above Permitting Fees are associated with service work only, those costs will be billed with the applicable service
charges below after the service is energized.
SECONDARY SERVICE CHARGES (PERMANENT AND TEMPORARY) ARE NOT INCLUDED IN THE SUMMARY OF CHARGES
ABOVE Any applicable Secondary Service Type charges listed below will be billed after your service line installation, based on the actual
work performed. Base Costs, in the table below, are based on the current tariff pricing as of the date of installation and include the
Schedule 87 tax effect. These charges also do not include permitting fees, trenching and other excavation related work that is your
responsibility. The Secondary Service Type charges from the list below that apply to your project will be invoiced on a second bill.
Secondary Service Tyl2e 1480 Voltage or Below
Cost w/Schedule 87 tax effect
Single wire run to handhole or transformer
$912.07
Each additional run of wire(per circuits)
$189.92
Each additional trip beyond 1st trip due to customer needs
$564.25 per trip
Hourly rate for additional engineering at customer's request
$246.24
Underground Temporary Service Charge
$230.00
Overhead Temporary Service Charge
$474.00
Overhead to Overhead Permanent Service Charge
$914.28
Underground to Underground Permanent Service Charge
$749.75
Overhead to Underground Permanent Service Charge
$1,401.23
Customer
Initials:
By signing this contract you are authorizing PSE to continue with all the needed elements to complete your project. Upon
receipt of a signed contract, PSE will bill you for the amount indicated on the "Total Amount to Be Billed Under This Contract'
line. The bill will sent to the billing address listed on this contract. PSE requires payment of these line extension charges
prior to scheduling construction. Payments can be made via pse.com (fees may apply), by mail, or at a PSE Pay Station.
Delaying payment may result in a construction delay for your project. Customer requested changes in the scope of the
project may result in additional charges, and/or delays to your project.
Signature: Name: ROBERT PUTAANSUU Title: Date: 172
Docusign Envelope ID: 6B065EE4-8197-488C-A902-457553691083
TERMS AND CONDITIONS
PROJECT INFORMATION
1. The PSE drawing shows the proposed scope of your project including the location of permanent, above ground
electrical facilities required to provide electrical service to your project. Fault current information for transformers
associated with your project is noted on the work sketch drawing. Please review this drawing as soon as possible
to ensure there are no unforeseen conflicts between PSE's design and your project. If you determine there are
conflicts or if you identify a discrepancy while reviewing the drawing for your project, please contact me at the
number below. This is attached as Exhibit A.
2. Additional construction -related information and information on metering and service entrance requirements
areprovided in PSE's Electric Service handbook for commercial projects. If you would like a copy of the
handbook please contact me at the number below. It is your responsibility to provide your project manager, site
superintendent, and/or subcontractors with any relevant information from this correspondence that apply to their
work in support of your project.
3. The Excavation Requirements & Final Grade Certification must be signed by the project owner or designee and
returned to me along with a signed copy of this contract. This is attached as Exhibit B.
4. Transformers have been sized for diversified commercial loads only, and shall not be used for high load factor
(continuous) temporary power uses, such as electric heaters for dry -out. Fault currents for non- residential
transformers in your project are noted on the attached PSE design drawing. Please notify the PSE representative
listed on this contract immediately if you believe there are conflicts between this design and your project. It is
your responsibility to provide your project manager, site superintendent, and subcontractors with any information
from this correspondence and it's attachments that apply to their work.
5. The requirements for trenching by customers on public right-of-ways and/or on Puget Sound Energy easements
must be signed by the project owner or designee and returned along with a signed copy of this contract. This is
attached as Exhibit C.
POTENTIAL REFUNDS
Margin Allowance:
If PSE has not provided a Margin Allowance or if your Margin Allowance exceeds $75,000, PSE agrees to calculate and
refund the Margin Allowance, subject to Schedule 85. Refund requests must be made within six (6) years of the date on
which the facilities installed under this contract are energized. Customers are responsible for making the one-time refund
request.
DIM Refund:
Other refunds associated with the line extension charge may be available if additional permanent service hook-ups are
made to your line extension. These service hook-ups must be made within five (5) years of the date on which your project
is initially energized Customers are responsible for making all refund requests. A refund may be requested one (1) time
within six (6) years of the date on which your line extension is initially energized. It is the customer's responsibility to
make the refund request. Your refund request should be directed to PSE's Customer Accounting Coordinators at
Schedule85refundrequests@pse.com.
RATE SCHEDULE 85
All terms and conditions, costs, and refunds are in accordance with PSE's Rate Schedule 85, and any discrepancies
between this contract and the Rate Schedule will be resolved in favor of the Rate Schedule. Rate Schedule 85 contains
more detailed information covering costs, refunds, rights, and obligations than is reflected in this contract. The entirety of
Rate Schedule 85 can be viewed at PSE's website www.pse.com.
This cost information is valid for 90 days from the Date Issued, and is subject to being updated after that time. I have read
both pages and agree to the terms and conditions outlined in this contract and its attachments.
The amount noted on this contract is an estimated cost; however PSE's Schedule 85 line extension tariff requires
customers to pay the actual cost of construction. PSE will determine the actual cost of the job once construction is
complete. If the actual cost of the job is more than 10% above or below the estimated cost, an additional billing or refund
will result to account for the difference. 173
Docusign Envelope ID: 6B065EE4-8197-488C-A902-457553691083
VCV UC 1
SOUND
ENERGY
REQUIREMENTS FOR TRENCHING BY CUSTOMERS ON PUBLIC RIGHT-OF-WAYS AND/OR ON PUGET
SOUND ENERGY, INC. EASEMENTS
The following outlines most local governmental guidelines and company standards for trenching on a public right-of-way
or Puget Sound Energy, Inc. (PSE) easement. Any trenching performed by the customer, or their contractor, under a PSE
permit or easement must comply with these requirements.
1. All trench construction must be performed by a Washington State licensed and bonded contractor.
2. Trench excavation, backfill, restoration, and facility placement must be coordinated with a PSE designated
representative, and receive on -site approval by that representative, and local jurisdiction.
3. Right-of-way easement trenching and backfill must be performed during normal business hours, Monday through
Friday. Same day excavation and backfill is required for all trenching. Job start notification to the local jurisdiction
is the responsibility of Potelco, Inc. Customer shall notify Potelco Project Manager three working days prior to
trenching. Penalties for failure to comply with this requirement will be borne by the customer.
4. If the job scope requires excavation beyond a single day, fencing and barricading must be installed around utility
facilities exposed above the trench, if allowed, must be in accordance with local regulatory requirements.
5. PSE, all participating utilities, and One -Call Locate, must be notified a minimum of 72 hours in advance of the
date and time for right-of-way trenching and facility placement. The One -Call Locate number is 1-800-424-5555.
State law requires locating service notification.
6. Excavated material must remain clear of the roadway whenever possible. Excavation material, spoils, and debris
shall be removed off -site each day, in accordance with local regulatory requirements. All erosion control
requirements in accordance with local regulatory requirements are the responsibility of the customer.
7. Material excavated from the shoulder of the right-of-way shall be properly disposed, and replaced with select
backfill material in accordance with local regulatory requirements.
8. Proper compaction is required to comply with local regulatory specifications. If the permit requires compaction
testing, the cost of said testing is the responsibility of the customer.
9. All permit requirements, traffic control plans, traffic control and flagging shall meet local regulatory specifications
and satisfaction.
10. In the event of failure to abide by the above requirements, PSE reserves the right, at its sole discretion, to assume
trenching. In the event of delays due to equipment failure, PSE may assume trenching to meet regulatory and
joint construction requirements. The customer is responsible for all trenching costs, and will reimburse the
company for costs should PSE perform the trenching.
Customer Initials:
11. The customer agrees to indemnify, defend and hold harmless PSE from all liability (including reasonable
attorneys' fees) arising out of, or in connection with, the above mentioned trenching activities.
Customer Initials:
I AGREE TO ADHERE TO THE ABOVE CONDITIONS
Service Address: 1201 SIDNEY AVE PORT ORCHARD 98366 Work Order Number: 101176603
Signature: Name: ROBERT PUTAANSUU Title: Date: 174
Docusign Envelope ID: 6B065EE4-8197-488C-A902-457553691083
PUC IL: l
' SOUND
ENERGY
PSE ELECTRICAL FACILITIES
EXCAVATION REQUIREMENTS AND FINAL GRADE CERTIFICATION
PURPOSE
This document is an agreement between Puget Sound Energy (PSE) and the Owner/Developer (Developer) who is
providing excavation for the installation of PSE's facilities. This document does not provide an easement for operating
rights. If PSE determines that a recordable easement on the Developer's property or other property is necessary, it shall be
the Developer's responsibility to obtain such easements in a form acceptable to PSE prior to construction.
EXCAVATION REQUIREMENTS
The requirements and conditions outlined below apply when you provide the excavation for PSE's electrical facilities as a
condition of receiving electrical service for your project. If you need additional information, please call the PSE contact
person listed below.
Developer is responsible for acquiring utility locates by calling One -Call, 1-800-424-5555 at least 48 hours (two full
working week days) prior to digging. The excavation must meet the requirements of the Washington Administrative
Code and Safety Standards.
2. Developer shall call the PSE contact person noted below for trench and route approval prior to starting excavation.
3. The electrical primary trench shall be excavated to provide a minimum of 36 inches of facility coverage, to a maximum
trench depth of 48 inches. The electric service trench shall be excavated to provide a minimum of 24 inches of facility
coverage, to a maximum trench depth of 36 inches. A 12 inch horizontal separation is required between PSE electrical
facilities and other utilities within a joint trench.
4. All back fill must be free of sharp objects and construction debris. Developer shall provide and install sand bedding and
shading for electrical facility protection as directed by PSE's contact person. Developer is responsible for any damages
caused by improper backfill or compaction.
5. Developer agrees to maintain a minimum of 2 feet of horizontal clearance between PSE conduit, pipe or conductors and
any foundation on Developer's property.
6. The vault excavation shall be dug to the dimensions noted on the attached work sketch. Vault holes shall have a solid
level bottom with a 6 inch deep layer of crushed rock bedding.
7. Developer shall provide the excavation for PSE electrical facilities within the designed location. Developer shall identify
and provide final grade, property lines, and utility easements prior to installation of PSE's electrical facilities.
8. Developer will be financially liable for the relocation of PSE's facilities which are inadequately covered, located outside
the area where PSE has adequate operating rights, improperly graded inhibiting standard access and/or any damages
resulting from dig -ins due to changes or variations in grade that are made after the installation of PSE's facilities.
FINAL GRADE CERTIFICATION
By my signing below, I certify that the electrical facilities work area shall be at final grade prior to excavation. I assume full
responsibility for my excavation work and the resulting location of these facilities. I also agree to indemnify, defend, and hold
harmless Puget Sound Energy from all liability arising out of, or in connection with my work, including but not limited to all
claims, losses, damages, and expenses, including reasonable attorney's fees, which result from my failure to excavate
within easement areas or rights -of -way, or from digging without adequate rights on adjoining properties.
Service Address: 1201 SIDNEY AVE
PORT ORCHARD 98366
Work Order Number: 101176603
Signature
Name: ROBERT PUTAANSUU Title:
Date:
175
2806 08/15
Docusign Envelope ID: 6B065EE4-8197-488C-A902-457553691083
Sq. Footage: 420 SQ. PUMP STATION
Panel Size: 400 AMPS
Heat Type: N/A
Est. Demand: 126 KW
LRC: 359A
% V. Drop: 2.4%
% Flicker: 5.5%
1104
150kVA 277/480v w
Fault Current: 10,600
R/X:0.6 %Z:1.70
1112
13
�1123
M
27-1133
I X
M 1137
M 139
114
I � � 709
1128
1132
1136
619883
02 155486
15 kVA (C)
25T
13-477
SROUFE
1025
EPO
Q U 16
o ' —
2 2 II
2 2II
� co
c°h' `i cl / 1111-1113
I"-
v�1115
w
Q
M 1129
II
z I
619898
Poll155487
to
75 kVA 480V (ABC
SLAG1237
d0
\ ^ ^ 33
1P
P03 619876
155485
MELCHER ST
7
SWING 3PH OH PRI FROM
\ P03 TO NEW PO4R
� �b0
619864
P05 155481
706 1306 GPQj
'A - � Z_
103
226 /
1230
SITE PLAN
SCALE: 1" = 100'
813
8J
6/826
812
M
M 1141
w
M 01
PO4 _ M
BUSH TRIM REQ'D
61987:
155501
619872 04
155486
3X 50KVA, 277/480V
TRANSFORMER REMOVAL
Removed at site: Po l
Grid Number: 619898-155487
kVA Rating: 25
Foreman to redline the following information
Company ID#:
Primary phase connected to:
Tested Secondary Voltage
TRANSFORMER REMOVAL
Removed at site: PD l
Grid Number: 619898-155487
kVA Rating: 25
Foreman to redline the following information
Company ID#:
Primary phase connected to:
Tested Secondary Voltage
TRANSFORMER REMOVAL
Removed at site: Po l
Grid Number: _619898-155487
kVA Rating: 25
Foreman to redline the following information
Company ID#:
Primary phase connected to:
Tested Secondary Voltage
619875 PO
155511
SITE SPECIFIC NOTES
P01 GRID #619898-155487: (EXISTING)
-EXIST (1988) 45' CL1 POLE TO REMAIN
-REMOVE 3PH 75KVA, 277/480V OH XFMR BANK
P02 GRID #619883-155486: (EXISTING)
-EXIST (2005) 45' CL2 POLE TO REMAIN
P03 GRID #619876-155485: (EXISTING)
-EXIST (2008) 45' CL1 TO REMAIN
PO4R GRID #619872-155486: (6° LINE ANGLE)
-REPL EXIST (1995) 30' CL4 SEC POLE W/ 45' CL3 POLE W/ GRND (AS STAKED)
PD453 6010.1000
**POLE MUST BE INSTALL WITHIN 10' WEST OF THE EXIST POLE**
**BUSH TRIM REQUIRED FROM PO4R-P06 (±108')**
-INST 12kV 3PH SINGLE WINGARM, 397 AAC
TASW313 6033.4012
-INST (1) 11' 8P SINGLE ARM
-INST PINS & INSUL (3)
INDBSA
-INST RIGID CLEVIS (E)
INDNRC
-CONNECT EXIST (2) OH SEC SPANS FROM P06 TO NEW XFMR BANK
-INST (3) 50kVA OH XFMR 277/480v WYE-WYE BANK
BNKRXI 6025.3000
-INST (3) L/B CUTOUT ON WOOD ARM, FUSE @15T
-INST (3) STIRRUPS & HOT CLAMPS
-REMOVE EXIST NEUT DWN GUY & ANCHOR
-INST (2) 3/8" DWN GUYS (PRI & NEUT) GYD3SA,
GYD3SAN 6013.0100
-INST 24" PLATE ANCHOR L=10' (NW)
ANDP24 6012.1000
-RECONNECT EXIST CUSTOMER OH-UG SVC (M01)
-NO COMMS HERE
P05 GRID #619864-155481: (EXISTING)
-EXIST (2016) 50' CL-H1 POLE TO REMAIN
P06 GRID #619873-155501: (EXISTING)
-EXIST (1993) 35' CL5 SEC POLE TO REMAIN
P07 GRID #619875-155511: (EXISTING)
-EXIST (1977) 25' CL5 SPAN GUY POLE TO REMAIN
M01: (EXIST METER #P171644490)
-EXISTING 2 RUNS OF CUSTOMER OWNED UG SVC WIRE TO A 400A CT PANEL
SPAN SPECIFIC NOTES:
P03-P05-PO4R:
-DISCONNECT EXIST 3PH PRIMARY OH WIRES AT P03 AND SWING UNTO NEW PO4R
-SEE TABLE FOR ADDITIONAL SPAN NOTES
WIRE REMOVAL TABLE
Location
Wire Size & Type
Quantity
Length
(per
conductor)
Remarks
From
To
P01
P03
1/0 TPLX OH SEC
2
480'
Total Feet (Wire Size & Type) Removed
POLE TABLE (NEW)
2-20A
Site
Pole Data
#
Grid #
Height
Class
Year
Remarks / Location Ref.
PO4R
619872-155486
45'
3
PSE Equip #
WIRE STRINGING PRIMARY
Location
Pri
Wire Size & Type
Quantity
Length
(Per conductor)
Total
Actual
From
To
PO4R
P03
X
397 MCMTW
3/1
60'
240'
2-15
2-24(2)
3-10
POLE RETIREMENT TABLE
TEMP TRANSFERS
ST. LIGHT TRANSFERS
SITE
POLE DATA
POLE
#
TEL
TV
FIBER
TRAIN
ID NUMBER
GRID #
HEIGHT
CLASS
YEAR
TOPPED
RMVD
PO4
619872-155486
30
5
1995
❑
❑
❑
❑
❑
❑
❑
TRANSFORMER BANK INSTALLATION
Foreman to redline field changes
Installed at site: PO4R
Grid Number: 619872-155486
Bank Configuration:
®WYE/WYE ❑WYE/DELTA ❑OPEN WYE/OPEN DELTA ❑WYE/WYE 120/208v W/10 120/240v
Secondary Voltage:
0120/208v I@ 277/480v 0120/208v W/120/240v 10 0 120/240v 0 240/480v
AO Xfmr MID # 6214200 kVA 50KVA, 277/480V
BO Xfmr MID # 6214200 kVA 50KVA, 277/480V
CO Xfmr MID # 6214200 kVA 50KVA, 277/480V
Foreman to redline the following information
AO Xfmr Company ID#:
BO Xfmr Company ID#:
CO Xfmr Company ID#:
Tested Secondary Voltage
NOTE: The foreman should record one phase -to -neutral and one phase -to -phase
voltage. if the bank is a combination 120/208V with single phase 120/240V,
record the tested voltage of the 240V connection in addition to the voltage of the
120/208 transformer connections.
I
03 619876 1
155485
619864
05 155481
1306
OH MAP: AFTER
SCALE: NONE
619�
155487
SLAG1237
619883 PO
155486
15 kVA (C)
25T
13-477
619873 P06
155501
619875 P07
155511
619872 04
155486
3X 50KVA, 277/480V
Excavated or Place straw mulch
Augered Hole on disturbed area
Install silt fence around Secure bottom of fence
pole excavation Pole with gravel bags
SLOPE �� SLOPE
1 1
FLOWING DITCH or BODY OF WATER
TOP VIEW
UTILITY POLE EROSION CONTROL DETAIL
Not to scale Adjacent to flowing ditches or bodies of water
;o.
I ...
B
•..
1CDLO I
40T
11 I n 3-664
TBM4
�I
15T rohp`� 25T
I I ,ti _wE67,
>I�
I I �� X77518Tt"
OVERHEAD CIRCUIT MAP
SCALE: 6" = 1 Mi
C
POWER GENERAL NOTES - COMMERCIAL PROJECT
1. All materials to be installed in accordance with Puget Sound Energy's (PSE) standards. Any deviation from
this work sketch must be AUTHORIZED by PSE's Project Manager and NOTED on the Foremans' Copy.
2. All switching arrangements and/or outage arrangements are to be made with the Project Manager at least
three (3) working days in advance.
CUSTOMER NOTES
Customer is responsible for all trenching, select backfill, compaction & restoration per Puget Sound Energy
Standards & Local Municipality (See PSE Electric Service Handbook for more details).
1. Contact the Utilities Underground Location Center (1-800-424-5555) at least 48 hours prior to
commencing work to get the underground facilities located.
2. STAKING: The customer will provide all staking (transformer, handhole, trench, grade, lot, pole,
sidewalk, etc.). See sketch and details for locations. Equipment locations must be approved by the
Project Manager.
3. SITE PREPARATION: The work area will be at or near finished grade, clear of trench spoils or
construction materials which would restrict construction and/or equipment access, before work can begin.
4. Roads shall be paved or have a compacted , crushed rock base in place.
5. CLEARANCES: Transformers require a minimum of 6 feet from fire fighting equipment, 10 feet from
combustible walls, overhangs, doors, and windows, and a minimum of 5 feet from the back of curb (or
guard posts will be required per PSE standards). All conduits and vaults are to be at least 5 feet away
from water, storm and sewer lines when paralleling them in the right of way, and at least 1 foot when
crossing them.
6. All work is to be done in accordance with local municipal and county permit requirements as applicable.
7. Inclement weather conditions may cause delays in construction times and dates.
8. EXCAVATION: The customer is to provide all trenching, backfill, vault excavations, compaction and
restoration per this sketch and per PSE standards. A minimum protective cover of 36" is required over
PSE's primary voltage equipment and 24" is required of PSE's secondary voltage equipment. The
customer will provide any and all shoring or they will side slope the trench to 1:1.
9. EROSION & SEDIMENT CONTROL: Erosion & sediment control shall be per PSE standard practice
0150.3200 techniques for temporary erosion & sediment control & any additional local jurisdiction
requirements. (Local jurisdiction may have additional requirements including notes detailing where
erosion or sediment control structures are to be installed, cross section details of the typical erosion
structures, & special requirements for work in sensitive areas.)
10. Customer is required to have meter inspected and approved by L&I/City prior to construction.
CIRCUIT LOADING TABLE
CIRCUIT: EPO-16
AS OF 7/29/2024
A PHASE B PHASE C PHASE
EXIST. PEAK LOAD
203
221
210
EST. NEW LOAD
7
7
7
TOTAL 210 228 21
FOREMAN (CHECK BOX WHEN COMPLETED)
❑ PSE Equipment LOCKED/SECURED & Work Area left in CLEAN/SAFE Condition.
ElGrid, Cable, and Switch numbers INSTALLED & VERIFIED.
ElField Changes RED -LINED on As -built.
E]Material VERIFIED and CHANGES noted on Paperwork.
ElTotal PRIMARY Cable noted on As -built.
❑ Company ID#'s RECORDED in correct location on As -built.
E]Indicate correct FUSE SIZE on As -built & VERIFY proper PHASE.
ElDeviations noted on the As -built and their reason.
❑ I certify that the work performed meets PSE's standards and procedures
and that all quality requirements are met.
Foreman's Signature
Print Name Date
PROJECT PHASE
NOTIF#
ORDER#
PWR Superior
Pole & Wire Retire
OH Misc
Xfmr Retire
Temporary
Job Order
514874623
101176603
108157657
593259483
583077451
N/A
N/A
N/A
N/A
GAS Distribution
Service Stubs
HP Svc/MSA
N/A
N/A
N/A
N/A
N/A
N/A
CABLE TV
PHONE
Project Manager Contact Information:
Manager: Shonda Abercrombie
Cell Phone: 360-443-0013
E-Mail: shonda.abercrombie@pse.com
PSE Locates Required YES
Customer Locates Required NO
Vicinity Map
l
�
o
w
a
0
m
_o
m
MELC ER ST
o
O
d
SITF35
J
/
T EMONT ST
E
SF
A E
�Gtio
�
Owner / Developer Contact Info
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
ATTN: Jacki Brown 360-876-7048 office
For contacts below dial 1-888-CALL PSE (225-5773)
CALL 811 TWO BUSINESS DAYS BEFORE YOU DIG
THIS SKETCH NOT TO BE RELIED UPON FOR EXACT LOCATION OF EXISTING FACILITIES
Outages Required YES
Flagging Required YES
REAL ESTATE/EASEMENT
N/A
PERMIT
PT. ORCHARD
3
FUNCTION
CONTACT
PHONE NO
DATE
2
PROJECT MGR
S. Abercrombie
360-443-0013
7/26/24
1
ENGR - POWER
Helene Sparks
360-475-7001
7/26/24
REV#
DATE
BY
DESCRIPTION
ENGR - GAS
N/A
N/A
N/A
COUNTY
KITSAP
Emer Sect
N/A
Gas Wk Ctr
N/A
POWER WK CTR
QSSPE
DRAWN BY
Helene Sparks
360-475-7001
7/26/24
CHECKED BY
S. ABERCROMBIE
360.443.0013
8/5/24
1/4 SEC
SE SEC35 T24 R1 E
OP MAP
N/A
PLAT MAP
N/A
APPROVED BY
253-468-2392
8/14/24
FOREMAN #1
U-MAP NO (POWER)
2401E140
OH CKT MAP
2401E137
JUG CKT MAP
1906E011
CIRCUIT NO
EPO-16
FOREMAN #2
MAPPING
JOINT FACILITIES ARRANGEMENTS
UTILITIES
N/A
N/A
N/A
N/A
CONTACT
N/A
N/A
N/A
N/A
PHONE#
N/A
N/A
N/A
N/A
PUGET MELCER PUMP STATION
SOUND REMOVE IDLE 3PH XFMR BANK, REPL POLE & RELOC PRI SPANS
ENERGY 1201 SIDNEY AVE PORT ORCHARD, WA 98366
PSE
INCIDENT
N/A
MAOP
N/A
Gas Order
N/A
Elect Order
101176603
SCALE
AS NOTED
PAGE
1/1
a
J
RESOLUTION NO.
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE A COMMERCIAL ELECTRIC FACILITIES CONTRACT
WITH PUGET SOUND ENERGY FOR THE MELCHER PUMP STATION
REHABILITATION PROJECT
WHEREAS, the City identified the need for the Melcher Pump Station Rehabilitation
Project, to make necessary improvements to this key piece of infrastructure (the "Project"); and
WHEREAS, in furtherance of this Project, the City applied for and received a loan
through the Washington State Public Works Board (PWB) Traditional Fund Loan Program to
fund the Project, and on October 12, 2021, the Port Orchard City Council committed to the
Project by accepting the Washington State Public Works Board (PWB) Traditional Fund Loan ;
and
WHEREAS, on May 24, 2022, following a competitive procurement process, the City
Council authorized a contract with a design consultant to prepare the design for the Project;
and
WHEREAS, as designed, the Project requires removal of Puget Sound Energy's idle three
phase transformer bank, replacing a pole and relocating the primary spans to meet the power
requirements of the Project; and
WHEREAS, Puget Sound Energy (PSE), as the sole state -authorized electrical utility
provider for this region, is the sole vendor to provide these necessary services and connection;
and
WHEREAS, PSE has provided the City with a Commercial Electric Facilities Contract that
includes an approved design and construction costs for the required electrical improvements in
the amount of $43,728.48, with additional costs associated with the work dependent on PSE's
site analysis; and
WHEREAS, based on the aforementioned reasons, the City Council finds that the
procurement of these services and items is clearly and legitimately limited to a single supplier,
PSE; and
WHEREAS, the City Council finds it is in the best interests of the City and its residents to
approve the contract with PSE; Now, Therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
177
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above
are hereby adopted and incorporated as findings in support of this Resolution.
THAT: The City Council finds that this work is necessary for the Project and that PSE is
the sole provider for this work and therefore waives procurement requirements that apply to
this work, if any.
THAT: The City Council approves of the Mayor's execution of a Commercial Facilities
Contract with Puget Sound Energy for the Melcher Pump Station Rehabilitation Project, in an
amount to not exceed $50,000. The Mayor is authorized to take all actions necessary consistent
with this authorization to effectuate this approval.
THAT: The Resolution shall take full force and effect upon passage and signatures
hereon.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and
attested by the City Clerk in authentication of such passage on this 8th day of October, 2024.
ATTEST:
City Clerk, Brandy Wallace, MMC
Robert Putaansuu, Mayor
2 178
DqMORCHARP
Meeting Location:
Council Chambers
216 Prospect Street
Port Orchard, WA 98366
City Council
Minutes
Contact us:
Phone (360) 876-4407
cityhall@portorchardwa.gov
www.portorchardwa.gov
Work Study Session of Tuesday, September 17, 2024
Roll Call was taken by the City Clerk as follows:
Present: John Morrissey, Councilmember, Position At -Large
Heidi Fenton, Councilmember, Position No. 5
Robert Putaansuu, Mayor
Eric Worden, Councilmember, Position No. 4
Fred Chang, Mayor Pro-Tempore, Position No. 6
Jay Rosapepe, Councilmember, Position No. 2
Mark Trenary, Councilmember, Position No. 1
Absent: Scott Diener, Councilmember, Position No. 3
Staff present via Zoom: Public Works Director Ryan, Community Development Director Bond,
Deputy Police Chief Iwashita, HR Manager Lund, City Clerk Wallace and Deputy City Clerk
Floyd.
The meeting live streamed to YouTube and Audio/Visual was successful.
1. CALL TO ORDER
Mayor Putaansuu called the meeting to order at 6:31 p.m.
A. Pledge of Allegiance
MOTION: Moved by Jay Rosapepe; seconded by Mark Trenary to Add a discussion item on
civility and decorum.
A brief discussion was held on the proposed new agenda item for civility and decorum and
a majority of the Council felt it was not necessary to add to the agenda.
Motion Failed: 2 - 4
Voting For: Mark Trenary, Jay Rosapepe
Voting Against: Fred Chang, Eric Worden, Heidi Fenton, John Morrissey
Minutes of September 17, 2024
179
2. DISCUSSION ITEMS
A. 2024 Comprehensive Plan
Community Development Director Bond spoke about the 2024 Comprehensive Plan and
provided a presentation which included the comprehensive planning overview, 2024
Periodic Update and progress, significant changes for 2024, Bethel/Lund and
Sedgwick/Bethel Subarea Plans, Kitsap County Countywide Policies, Puget Sound Regional
Council (PSRC) Vision 2050, WA State Growth Management Act (GMA), GMA Goals,
Growth Management Mandates and New Legislation, PSRC Regional Growth Strategy,
KRCC Countywide Planning Policies, KRCC Countywide Planning Policies Growth Targets
and Housing Targets, Kitsap Countywide Planning Policies Centers and Centers Policies,
Port Orchard's Designated Centers, Port Orchard Comprehensive Plan and Elements, Land
Use, Housing, Parks and Recreation, Natural Systems, Economic Development, Utilities,
Transportation, Capital Facilities, Climate, Appendices, Bethel Lund Subarea Plan, Bethel
Sedgwick Subarea Plan, and next steps.
Additional discussion was held regarding metro cities, core cities, high capacity transit
communities, goals and policies, community development staffing, zoning, area median
income (AMI) groups, capacity for housing types, affordable housing, countywide and
local centers, funding, and timelines.
Direction: No direction was given to staff.
B. Vacant Commercial Property
Due to the absence of City Attorney Archer, this item was not discussed.
3. GOOD OF THE ORDER
Councilmember Morrissey thanked Community Development Director Bond for his
presentation.
In response to Councilmember Fenton, Community Development Director Bond
explained the documents for his presentation will be available shortly as part of the
packet, but in the meantime, they can visit the City's website to review them.
4. ADJOURNMENT
The meeting adjourned at 7:58 p.m. No other action was taken.
Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor
Minutes of September 17, 2024
I
180
DqM City of Port Orchard
ORCHARD216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Discussion Items: Vacant Commercial Property (Archer)
Meeting Date: October 8, 2024
Prepared By: Charli Archer, City Attorney
Presenter: Charli Archer, City Attorney
Summary and Background: The City Council identified the revitalization of the City's downtown as a
policy priority. In furtherance of that goal, the City Council requested information regarding regulatory
options for encouraging revitalization, with a particular emphasis on addressing concerns with vacant
commercial properties.
Washington municipalities, including Port Orchard, utilize a variety of methods to combat the negative
impacts that vacant buildings have on the community as an exercise of their police powers to protect
public health, safety, and welfare pursuant to the Washington State Constitution at article 11, section
11. Often vacant buildings can perpetuate neighborhood blight, from visual impacts of boarded -up
buildings to increased public safety burdens to respond to increased criminal activity occurring in
unsecured, vacant structures. The City of Port Orchard currently utilizes its code enforcement powers
to ensure that vacant structures are adequately secured from intruders and are adequately
maintained in conformance with the Washington State Building Code to avoid collapse and other
nuisance conditions, such as vermin. This is the most common approach taken by Washington's
municipalities.
A few cities in Washington have adopted additional programs and associated regulations to track and
regulate vacant properties. These programs require additional staffing and budgetary resources. Here
are a few examples of these programs:
1. Vacant Building Registration and Inspection Programs.
Many cities in Washington have adopted programs that require the registration and regular inspection
of vacant buildings, and some charge an associated administrative fee to cover the costs of the
program.
The City of Seattle has a vacant building registration and inspection program, as well as adopted
standards for maintenance of vacant structures. Buildings that fail to meet the maintenance
requirements are added to the City's Vacant Building Monitoring Program and charged a monthly
181
inspection fee ranging from $271.85 to $542.60 per month depending on the condition of the building.
All vacant buildings must be "secured and maintained to prevent unauthorized entry and deterioration
from the weather." Notably, there is no requirement that the property be used or occupied; rather,
the program is designed to prevent deterioration of the structure and access by unauthorized
occupants.
The City of Everett enacted a program that requires registration of all vacant commercial space, with
an associated annual registration fee ranging from $250 to $1,000. As a component of the program, all
vacant commercial space must utilize a display that is visually appealing, rather than merely boarding
up the windows. The City of Aberdeen recently created a similar program to revitalize its downtown.
The program mirrors Everett's program, including the associated registration fee.
2. Local Amendments to Building Code and Public Nuisance.
Some cities utilize building code local amendments to enact local requirements for vacant structures
that encourage redevelopment. Similarly, many cities identify vacant structures with associated
deterioration as public nuisance properties and authorize nuisance abatement proceedings.
The City of Spokane has adopted a local amendment to the building code that classifies a "boarded -up
building," defined as closed or boarded up for at least one year, as an "unfit building." The Building
Official is vested with the ability to require the demolition of unfit buildings, following a public hearing
process.
The City of Lynnwood defines a "nuisance" to include vacant, unused, or unoccupied buildings that
have not been properly secured. Nuisance properties can then be abated through a hearing process
set out in the code.
3. Utility Fee for Vacant Properties.
Water utility "stand-by" or "availability" fees for properties that are connected to water/sewer,
despite requesting service shut off. For example, the City of Sequim charges a monthly stand-by fee for
properties connected to City utility infrastructure but without an active account. According to the City,
"Stand-by fees allow the City to identify any unexpected activity, such as a leak, as well as maintain the
infrastructure that delivers services to your property and allows you to continue to reserve capacity in
our system."
4. Redevelopment Tax Incentive Programs.
The City of Yakima created a tax incentive program, as authorized by Chapter 84.14 RCW, for New and
Rehabilitated Multiple -Unit Dwellings in Urban Centers, focused on the development of multi -unit
housing in the city's urban centers.
5. Public / Private Partnerships for Redevelopment.
A few of the larger cities have utilized public / private partnerships to effectuate the redevelopment of
areas that may be underserved. For example, the City of Kennewick partnered with a private
developer to construct the Tri-Cities Coliseum in the 1990s. More recently, the City of Sammamish
partnered with the YMCA to fund the construction of the Sammamish Community and Aquatic Center,
182
which is currently operated by the YMCA pursuant to a management contract.
The City of Port Orchard's Community Event Center, which is a collaboration with Kitsap Regional
Library and Kitsap Public Facilities District, is the result of a similar arrangement although all parties
are public agencies.
6. Acquire Vacant Properties for a Public Purpose.
Pursuant to RCW 35.23.452, the City Council is empowered to purchase, lease, or otherwise acquire
real estate "necessary or proper for municipal purposes." The City may utilize its power to purchase
vacant properties where there is an identified public purpose for the property.
Relationship to Comprenhensive Plan: Chapter 2: Land Use and Chapter 6: Economic Development
Recommendation: Council discussion.
Alternatives: There are a wide variety of tools available for discussion. This discussion focuses on
some of the more common tools utilized by municipalities in Washington.
Attachments:
Spokane Regulations.pdf
Yakima.pdf
Sequim.pdf
Chapter 16.08 LMC.pdf
Chapter 15.40 AMC.pdf
Chapter 16.16 EMC.pdf
Vacant Buildings - SDCI _ seattle.gov.pdf
183
9/13/24, 10:05 AM Spokane Municipal Code - Section 17F.070.040: Boarded -up Building Defined
Spokane Municipal Code
***Note: Many local criminal codes can now be located under Chapter 10.60 SMC while others are now cited under the Revised Code of
Washington (RCW), which was incorporated into the municipal code in 2022. (See SMC 10.58.010). Code Enforcement, including Noise Control
and Animal Regulations are located in Chapters 10.62 through 10.74.
Search
Home Title 17F Chapter 17F.070 Section 17F.070.040
Highlight Word
Title 17F Construction Standards
Chapter 17F.070 Existing Building and Conservation Code
Section 17F.070.040 Boarded -up Building Defined
A "boarded -up building" is a building any exterior opening of which is closed by any extrinsic device or in any manner
designed or calculated to be permanent and which gives to the building the appearance of nonoccupancy or nonuse
for an indefinite period of time. After one year a boarded -up building becomes an unfit building as provided in SMC
17F.070.410.
Date Passed: Monday, July 18, 2005
Effective Date: Saturday, August 20, 2005
LORD C33687 Section 3
https://my.spokanecity.org/smc/?Section=17F.070.040 184
9/13/24, 10:05 AM Spokane Municipal Code - Section 17F.070.040: Boarded -up Building Defined
https://my.spokanecity.org/smc/?Section=17F.070.040 185
9/13/24, 10:06 AM Spokane Municipal Code - Section 17F.070.400: Substandard Buildings
Spokane Municipal Code
***Note: Many local criminal codes can now be located under Chapter 10.60 SMC while others are now cited under the Revised Code of
Washington (RCW), which was incorporated into the municipal code in 2022. (See SMC 10.58.010). Code Enforcement, including Noise Control
and Animal Regulations are located in Chapters 10.62 through 10.74.
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Home L Title 17F Chapter 17F.070 Section 17F.070.400
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Title 17F Construction Standards
Chapter 17F.070 Existing Building and Conservation Code
Section 17F.070.400 Substandard Buildings
In determining whether a building is a substandard or unfit for human habitation so as to require its owner to repair
and rehabilitate the building, the building official and the hearing examiner consider the number and extent of the
following factors:
A. Dilapidation: Exterior decay, water damage.
B. Structural defects: Foundation, wall and roof framing.
C. Unsanitary conditions: Waste accumulation, health hazards.
D. Defective/inoperable plumbing.
E. Inadequate weatherproofing: Siding, roofing and glazing.
F. No activated utility service for one year.
G. Inoperable or inadequate heating system.
H. Hazardous electrical conditions.
I. Structure has been boarded more than one year and no approved rehabilitation plan.
J. Structure used in the manufacture of methamphetamine or any other illegal drugs and has been condemned by
the Spokane county health district and the owner has failed to abate the nuisance condition.
K. Fire -damaged structure.
L. Defects increasing the hazards of fire, accident or other calamity.
Date Passed: Monday, March 12, 2007
Effective Date: Monday, March 12, 2007
ORD C33989 Section 1
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Spokane Municipal Code - Section 17F.070.410: Unfit Buildings
,. Spokane Municipal Code
***Note: Many local criminal codes can now be located under Chapter 10.60 SMC while others are now cited under the Revised Code of
Washington (RCW), which was incorporated into the municipal code in 2022. (See SMC 10.58.010). Code Enforcement, including Noise Control
and Animal Regulations are located in Chapters 10.62 through 10.74.
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Home Title 17F Chapter 17F.070 Section 17F.070.410
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Title 17F Construction Standards
Chapter 17F.070 Existing Building and Conservation Code
Section 17F.070.410 Unfit Buildings
The building official or hearing examiner may determine that the building/structure is unfit for human habitation and
orders demolition if any of the substandard conditions listed in SMC 17F.070.400 are found to exist to such an extent
as to be dangerous or injurious to the health or safety of the buildings occupants or community.
Date Passed: Monday, July 18, 2005
Effective Date: Saturday, August 20, 2005
ORD C33687 Section 5
L
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Spokane Municipal Code - Section 17F.070.410: Unfit Buildings
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Yakima Municipal Code Chapter 11.63 DOWNTOWN REDEVELOPMENT TAX INCENTIVE Page 1 of 5
PROGRAM
Chapter 11.63
DOWNTOWN REDEVELOPMENT TAX INCENTIVE PROGRAM
Sections:
11.63.010 Purpose.
11.63.020 Short title.
11.63.025 Duly authorized administrative official.
11.63.030 Statutes adopted.
11.63.040 Residential target area designation and standards.
11.63.042 Project eligibility.
11.63.045 Application —Procedures.
11.63.100 Appeals.
11.63.010 Purpose.
The purpose of this chapter is to provide for increased residential opportunities in the city of Yakima within urban
centers where the Yakima city council determines there are insufficient housing opportunities. It is further the
purpose of this chapter to stimulate the construction of new multiple -unit housing and the rehabilitation of
existing vacant and underutilized buildings for multiple -unit housing in urban centers having insufficient housing
opportunities that will increase and improve residential opportunities within these urban centers. To achieve
these purposes this chapter provides special valuations for eligible improvements associated with multiple -unit
housing in residentially deficient urban centers. It is intended that this chapter meet all required provisions and
procedures set forth in Chapter 84.14 RCW to comport with state law. (Ord. 2017-001 § 2 (part), 2017).
11.63.020 Short title.
The following sections shall be known and may be cited as the "downtown redevelopment incentive." (Ord. 2017-
001 § 2 (part), 2017).
11.63.025 Duly authorized administrative official.
The duly authorized administrative official of the city will be the city's department economic development or an
authorized designee. (Ord. 2017-001 § 2 (part), 2017).
11.63.030 Statutes adopted.
The following Revised Code of Washington (RCW) sections, as currently enacted or as hereafter amended or
recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if
The Yakima Municipal Code is current through Ordinance 2024-021, passed August 5, 2024.
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PROGRAM
set forth herein in full:
RCW
84.14.005 Findings.
84.14.010 Definitions.
84.14.020 Exemption —Duration —Valuation.
84.14.030 Application —Requirements.
84.14.060 Approval —Required findings.
84.14.070 Processing —Approval —Denial —Appeal.
84.14.090 Filing requirements for owner upon completion —Determination by city or county —Notice of intention
by city or county not to file —Extension of deadline —Appeal.
84.14.100 Report —Filing.
84.14.110 Cancellation of exemption —Notice by owner of change in use —Additional tax —Penalty —Interest —
Lien —Notice of cancellation —Appeal —Correction of tax rolls.
(Ord. 2017-001 § 2 (part), 2017).
11.63.040 Residential target area designation and standards.
A. Criteria. Following a public hearing, the city council may, in its sole discretion, designate one or more
residential target areas. Each designated target area must meet the following criteria, as determined by the city
council:
1. The target area is located within a designated urban center;
2. The target area lacks sufficient available, desirable, and convenient residential housing to meet the
needs of the public who would likely live in the urban center if desirable, attractive, and livable places were
available; and
3. The provision of additional housing opportunities in the target area will assist in achieving the following
purposes:
(a) Encourage increased residential opportunities within the target area;
(b) Stimulate the construction of new multiple -unit housing and the rehabilitation of existing vacant
and underutilized buildings for multifamily housing;
(c) Stimulate the historically sensitive reuse of vacant and underutilized upper floors of urban center
commercial space for permanent residential living;
(d) Encourage mixed -use development or redevelopment of buildings in the identified areas of the
urban center presently containing retail and commercial uses that would support downtown residential
living on the ground floors and would provide permanent residential housing on the upper floors.
The Yakima Municipal Code is current through Ordinance 2024-021, passed August 5, 2024.
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PROGRAM
In designating a residential target area, the city council may also consider other factors, including, but not limited
to: whether additional housing in the target area will attract and maintain a significant increase in the number of
permanent residents; whether an increased residential population will help alleviate detrimental conditions and
social liability in the target area; and whether an increased residential population in the target area will help to
achieve the planning goals mandated by the Growth Management Act under RCW 36.70A.020. The city council
may, by ordinance, amend or rescind the designation of a residential target area at any time pursuant to the
same procedure as set forth in this chapter for original designation.
B. Target Area Standards and Guidelines. For each designated residential target area within an urban center
the city council shall adopt standards and guidelines, as required by RCW 84.14.040(5), for both new
construction and rehabilitation, including any area -specific application procedures that may be required in
addition to the standard application process described herein. The requirements for a particular development
plan (hereinafter "project") shall be relative to the size of the proposed development and the tax benefit to be
obtained. In addition to the specific guidelines set forth in YMC 11.63.042, the city council adopts the following
guidelines applicable to the specific projects at issue in this chapter:
Minimum Investment. Each project must represent an investment of a minimum of twenty-five
thousand dollars per unit.
2. Relocation. The project shall not result in residential displacement and shall not be considered for
approval unless all relocation obligations required by state and federal law are satisfied.
3. Ground Floor Space. The program is not available for projects that plan to convert existing ground floor
commercial space (occupied or vacant) to housing, unless approved by way of specific waiver from city
council. The city council encourages the use of ground floor spaces for retail and commercial uses that are
supportive of downtown residential living in urban center residential projects approved under this program.
4. Reuse and Conversion. The program encourages the conversion and rehabilitation of the upper stories
of urban center buildings for residential use.
C. Designated Target Areas. The boundary of the "residential target area" subject to this chapter is the
boundary of that portion of the urban center set forth below and indicated on the map identified as Exhibit "A,"
attached to the ordinance codified in this chapter and incorporated herein by this reference, which are on file in
the city clerk's office.
Beginning at the intersection of East Martin Luther King Jr. Blvd and North 6th Street; then south to
the intersection of South 6th Street and East Walnut Street; then west to the alignment of the BNSF
railroad tracks; then north to the alignment of West Chestnut Street; then west along the alignment of
West Chestnut Avenue to South 7th Avenue; then north to East A Street; then east along the
The Yakima Municipal Code is current through Ordinance 2024-021, passed August 5, 2024.
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PROGRAM
alignment of West A Street to the alignment of the BNSF railroad tracks; then north to the alignment of
East Martin Luther King Boulevard; then east to point of beginning.
(Ord. 2017-010 § 1, 2017: Ord. 2017-001 § 2 (part), 2017).
11.63.042 Project eligibility.
A proposed project must meet the following requirements for consideration for a property tax exemption:
Location. The project must be located within a residential target area, as designated in YMC 11.63.040(C).
2. Tenant Displacement Policy. Existing dwelling units proposed for rehabilitation must have been unoccupied
for a minimum of twelve months prior to submission of an application and must have one or more violations of
the city's minimum housing code, or the project shall not displace existing residential tenants of structures that
are proposed for redevelopment prior to a demonstration that all relocation obligations set forth in and required
by state and federal laws have been complied with. Applications for new construction cannot be submitted for
vacant property upon which an occupied residential rental structure previously stood, unless a minimum of
twelve months has elapsed from the time of most recent occupancy.
3. Size. The project must include at least four units of multiple -unit housing within a residential structure or as
part of a mixed -use development. A minimum of four new units must be constructed or at least four additional
multiple -units must be added to existing occupied multiple -unit housing. Existing multiple -unit housing that has
been vacant for twelve months or more shall not be required to provide additional units so long as the project
provides at least four units of new, converted, or rehabilitation multifamily housing.
4. Permanent Residential Housing. One hundred percent of the space designated for multiple -unit housing
must be provided for permanent residential occupancy, as defined in RCW 84.14.010(13).
5. Proposed Completion Date. New construction multiple -unit housing and rehabilitation improvements must be
scheduled to be completed within three years from the date of application approval.
6. Compliance with Guidelines and Standards. The project must be designed to comply with the city's
comprehensive plan, building, housing, and zoning codes, and any other applicable regulations in effect at the
time the application is approved. Rehabilitation and conversion improvements must comply with the city's
minimum housing code. New construction must comply with the International Building Code (IBC). The project
must also comply with any other standards and guidelines adopted by the city council for the residential target
area in which the project will be developed. (Ord. 2017-010 § 2, 2017: Ord. 2017-001 § 2 (part), 2017).
11.63.045 Application —Procedures.
A property owner who wishes to propose a project for a tax exemption under this chapter shall complete the
following procedures:
The Yakima Municipal Code is current through Ordinance 2024-021, passed August 5, 2024.
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PROGRAM
An applicant desiring to make use of this program shall file with the city's planning and development
services department the required application, together with the required fees. The initial application fee to the city
shall consist of a base fee of zero dollars, plus zero dollars per multiple -unit, up to a maximum total fee to the
city of zero dollars. An additional one -hundred -dollar fee to cover the Yakima County assessor's administrative
costs shall also be paid to the city. If the application shall result in a denial by the city, the city shall retain that
portion of the fee attributable to its own administrative costs and refund the balance to the applicant.
2. A complete application shall include:
(a) A completed city of Yakima application form setting forth the grounds for the exemption;
(b) Preliminary floor and site plans of the proposed project;
(c) A statement acknowledging the potential tax liability when the project ceases to be eligible under this
chapter; and
(d) Verification by oath or affirmation of the accuracy and completeness of the information submitted.
For rehabilitation projects, the applicant shall also submit an affidavit that existing dwelling units have been
unoccupied for a period of twelve months prior to filing the application, or verifiable evidence that all state and
federal laws regarding residential displacement have been complied with, and shall secure from the city written
verification of property noncompliance with the city's minimum housing code. (Ord. 2017-001 § 2 (part), 2017).
11.63.100 Appeals.
A. An appeal denying an application filed under this chapter may be appealed by the applicant by requesting a
hearing before the city's hearing examiner, as provided by RCW 84.14.070(4).
B. Within thirty days of receipt of the director's denial of a final certificate of tax exemption, the applicant may
request an open record appeal before the city's hearing examiner, as provided in YMC 16.08.020 and RCW
84.14.090, at which all affected parties may be heard and all competent evidence received. The hearing
examiner will affirm, modify, or repeal the decision to deny the issuance of a final certificate of tax exemption
based on the evidence received.
C. Within thirty days of receipt of a cancellation of exemption, the applicant may request an open record
appeal before the city's hearing examiner, as provided in YMC 16.08.020 and RCW 84.14.110, at which all
affected parties may be heard and all competent evidence received. (Ord. 2017-010 § 3, 2017).
The Yakima Municipal Code is current through Ordinance 2024-021, passed August 5, 2024.
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Sequim Municipal Code Chapter 13.16 WATER SERVICE REGULATIONS Page 1 of 2
Chapter 13.16
WATER SERVICE REGULATIONS
Sections:
13.16.010 Acceptance of application —Contract.
13.16.020 Additional contracts.
13.16.030 Rates, rules and regulations subject to change.
13.16.040 Notice of vacation of premises.
13.16.050 Water to be used only for stated purposes.
13.16.060 Right of city to make special contracts.
13.16.010 Acceptance of application — Contract.
In case the premises of the applicant for water service are connected as a result of his application being
accepted, the application given in writing shall be considered as a contract in which the applicant agrees to abide
by such rates, rules and regulations as are in effect at the time of signing the application or as may be adopted
thereafter by the city, and to pay all bills promptly. (Ord. 164 § 3, 1953)
13.16.020 Additional contracts.
When a customer's requirements for water are unusual or large or necessitate special or reserve equipment or
special consideration, the city may require a contract for an extended period and may also require the person or
customer to furnish security satisfactory to the city to protect the city against loss and to guarantee the
performance of the provisions of the contract. (Ord. 164 § 3, 1953)
13.16.030 Rates, rules and regulations subject to change.
Except for special contracts, which specify the length of time to which the contract rate shall be extended, all
rates, rules and regulations are subject to change or modification by the city without notice. (Ord. 164 § 3, 1953)
13.16.040 Notice of vacation of premises.
Each customer about to vacate any premises supplied with water service by the city shall give notice of his
intended removal at least two days prior thereto, specifying the date and hour service is desired to be
discontinued; otherwise he will be responsible for all water supplied to the premises until the city water
department shall have notice of such removal. No remission of rates will be made for a period of less than 20
days from the date such notice is given. (Ord. 164 § 3, 1953)
13.16.050 Water to be used only for stated purposes.
No person supplied water from the city mains shall be entitled to use it for any other purpose than stated in the
The Sequim Municipal Code is current through Ordinance 2024-029, passed July 22, 2024.
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Sequim Municipal Code Chapter 13.16 WATER SERVICE REGULATIONS Page 2 of 2
application, or supply in any way other persons or premises. (Ord. 164 § 3, 1953)
13.16.060 Right of city to make special contracts.
The city reserves the right to make special contracts, the provisions and conditions of which may be different
from or have exceptions to the regular published schedules. Such special contracts shall be in writing and
signed by the proper customer and the city. (Ord. 164 § 3, 1953)
The Sequim Municipal Code is current through Ordinance 2024-029, passed July 22, 2024.
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Ch. 16.08 Regulation and Abatement of Unsafe and Unsanitary Structures I Lynnwood Municipal Code Page 1 of 10
Chapter 16.08
REGULATION AND ABATEMENT OF UNSAFE AND UNSANITARY
STRUCTURES
Sections:
16.08.200
Purpose and findings.
16.08.210
Definitions.
16.08.220
Duties of the director.
16.08.230
Unfit buildings.
16.08.240
Substandard buildings.
16.08.250
Nuisances.
16.08.260
Complaint.
16.08.270
Hearings before the hearing examiner.
16.08.290
Enforcement.
16.08.300
Costs.
16.08.310
Permit required.
16.08.320
Rules and regulations.
16.08.330
Violations.
16.08.340
Emergencies.
16.08.200 Purpose and findings.
The city council of the city of Lynnwood finds that unkempt, unsafe, unsanitary, and otherwise improperly
maintained premises and structures, sidewalks, and easements within the city of Lynnwood, in addition to the
obvious hazards which these conditions pose to the public health, safety, and welfare, adversely affect the value,
utility, and habitability of the property within the city as a whole and specifically cause substantial damage to
adjoining and nearby property. A property which is merely unkempt may substantially reduce the value of
adjoining and nearby property and there are sufficient properties which are unkempt, unsightly and dangerous,
that the habitability and economic well-being of the city are materially and adversely affected. This chapter
conveys to the city administration, in accordance with the procedures set out below, all necessary and proper
powers to abate nuisances as they are described or found to exist and to charge the costs of their abatement to
those responsible, the owners and occupants of the property upon which nuisances exist, and those properties
themselves. This chapter is an exercise of the city's police power, and it shall be liberally construed to effect this
purpose. (Ord. 3006 § 8 (Exh. H), 2013; Ord. 2012 § 1, 1994)
The Lynnwood Municipal Code is current through Ordinance 3464, passed July 22, 2024.
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16.08.210 Definitions.
Unless specifically defined below or unless context clearly requires a different meaning, terms used in this chapter
have the meaning given them by the currently adopted edition of the International Building Code. Gender and
number are interchangeable. Defined terms or concepts from this title generally apply to this chapter.
A. "Abandoned" means any property, real or personal, which is unattended and either open or unsecured so
that admittance may be gained without damaging any portion of the property, or which evidences indicate that no
person is presently in possession, e.g., disconnected utilities, accumulated debris, uncleanliness, disrepair and, in
the case of chattels, location. Length of time or any particular state of mind of the owner or person entitled to
possession is not conclusive in determining that property is abandoned.
B. "Boarded -up building" means any building the exterior openings of which are closed by extrinsic devices or
some other manner designed or calculated to be permanent, giving to the building the appearance of
nonoccupancy or nonuse for an indefinite period of time.
C. "Building" means any building, dwelling, structure, or mobile home, factory -built house, or part thereof, built
for the support, shelter or enclosure of persons, animals, chattels, or property of any kind.
D. "Director" means the applicable director of a city department, that director's authorized deputies and
representative.
E. "Health officer" means the head of the Snohomish District health department, his authorized deputies or
representatives.
F. "Nuisance" includes:
A nuisance defined by statute or ordinance;
2. A nuisance at common law either public or private;
3. An attractive nuisance, whether in or on a building, a building premises or an unoccupied lot and
whether realty, fixture or chattel, which might reasonably be expected to attract children of tender years and
constitute a danger to them; including, but not limited to, abandoned wells, ice boxes or refrigerators with
doors and latches, shafts, basements or other excavations, abandoned or inoperative vehicles or other
equipment, structurally unsound fences or other fixtures, lumber, fencing, vegetation or other debris;
4. Uncleanliness or whatever is dangerous to human life or detrimental to health; or
5. Abandonment or vacancy.
G. "Owner" means any person having any interest in the real estate in question as shown upon the records of
the office of the Snohomish County auditor, or who establishes his interest before the director or hearing
examiner. For the purpose of giving notice, the term "owner" also includes any person in physical possession.
(Ord. 3006 § 8 (Exh. H), 2013; Ord. 2012 § 1, 1994)
The Lynnwood Municipal Code is current through Ordinance 3464, passed July 22, 2024.
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16.08.220 Duties of the director.
The director is the chief administrative officer for the purposes of this chapter, whose duties and powers include:
A. Investigation of all buildings and premises for which there are reasonable grounds to believe such may be
unfit, substandard, boarded up, or a nuisance;
B. Preparation, service and posting of complaints against buildings or premises believed to be in violation; and
C. Doing all things necessary and proper to carry out and enforce this chapter. (Ord. 3006 § 8 (Exh. H), 2013;
Ord. 2012 § 1, 1994)
16.08.230 Unfit buildings.
A. In reaching a judgment that a building is unfit for human habitation, the director or the hearing examiner
shall consider:
1. Dilapidation;
2. Disrepair;
3. Structural defects;
4. Defects increasing the hazards of fire, accidents or other calamities, such as parts standing or attached in
such manner as to be likely to fall and cause damage or injury;
5. Inadequate ventilation;
6. Uncleanliness;
7. Inadequate light;
8. Inadequate sanitary facilities;
9. Inadequate drainage;
10. Substandard conditions.
B. If these or other conditions are found to exist to an extent dangerous or injurious to the health or safety of
the building's occupants, or the occupants of neighboring buildings or of other residents of the city of Lynnwood,
and if:
1. Structural deterioration is of such degree that:
a. Vertical members list, lean or buckle to the extent that a plumb line passing through the center of
gravity falls outside the middle third of its base; or
The Lynnwood Municipal Code is current through Ordinance 3464, passed July 22, 2024.
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b. Thirty-three percent of the supporting members show damage or deterioration; or
2. The cost of restoration exceeds 60 percent of the value of the building; or
3. The building has been damaged by fire or other calamity, the cost of restoration exceeds 30 percent of
the value of the building and it has remained vacant for six months or more; the director or the hearing
examiner shall order the building or premises demolished and the land suitably filled and cleared, or shall
order the property immediately vacated and secured as completely as possible pending demolition. (Value
shall be determined by reference to a current edition of "Building Valuation Data" published by the
International Conference of Building Officials or, if not published, as determined by the director. Cost of
restoration is the actual estimated cost, which may be determined in the same manner as "value.")
C. An undertaking entered into at or prior to the hearing by a party in interest creates a presumption that the
building or premises can be reasonably repaired. The failure to accomplish such an undertaking is grounds for the
director or the hearing examiner to order demolition. If by reason of any of the above conditions a building is
unfit, but no public necessity is found for its immediate demolition, the director or the hearing examiner may take
other action, such as causing the property to be cleaned, cleared, vacated, secured or otherwise repaired, which
will promote the public health, safety or general welfare. (Ord. 3006 § 8 (Exh. H), 2013; Ord. 2010 § 1, 1994)
16.08.240 Substandard buildings.
A. In reaching a judgment that a building or premises is substandard, the director and the hearing examiner
shall be guided by such factors as:
1. Structural unsoundness;
2. Improper sanitation;
3. Improper safety;
4. Improper weatherproofing;
5. Defective or hazardous wiring, including wiring which:
a. Did not conform with law applicable at the time of installation; or
b. Has not been maintained in good condition; or
C. Is not being used in a safe manner;
6. Defective or hazardous plumbing, including plumbing which:
a. Did not conform with law applicable at the time of installation; or
b. Has not been maintained in good condition; or
The Lynnwood Municipal Code is current through Ordinance 3464, passed July 22, 2024.
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C. Is not being used in a safe manner;
7. Defective or hazardous heating or ventilating equipment, including equipment, vents and piping which:
a. Did not conform with law applicable at the time of installation; or
b. Has not been maintained in good and safe condition;
8. Fire hazard, including any building, device, apparatus, equipment, combustible waste or debris, or
vegetation which may cause fire or explosion or provide ready fuel to augment the spread or intensity
thereof,
9. Nuisance.
B. Upon a finding by the director or hearing examiner that a building or premises is substandard, the director or
hearing examiner shall order the building or premises repaired, cleaned, cleared or otherwise brought into
compliance with current codes, and may order the property vacated and secured as completely as possible
pending such repair or other action. (Ord. 3006 § 8 (Exh. H), 2013; Ord. 2012 § 1, 1994)
16.08.250 Nuisances.
A. In determining that a nuisance exists, the director and the hearing examiner will consider whether the
conditions:
Injure, endanger or unreasonably annoy the comfort, repose, health or safety of others;
2. Offend decency;
3. Offend the senses;
4. Unlawfully interfere, obstruct, tend to obstruct or endanger the passage of any stream, park, parkway,
square, street, sidewalk, easement or way;
5. Render others insecure in life or use of property;
6. Obstruct the full use of property so as to essentially interfere with the comfortable enjoyment of life or
property;
7. Constitute a weed hazard;
8. Violate any provision of this code, especially LMC Titles 7, 10, and 16; or
9. Are unlawful or illegal.
B. If the director or hearing examiner finds a nuisance to exist, they shall order it abated and may order the
property otherwise secured pending abatement. (Ord. 3006 § 8 (Exh. H), 2013; Ord. 2012 § 1, 1994)
The Lynnwood Municipal Code is current through Ordinance 3464, passed July 22, 2024.
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16.08.260 Complaint.
If, after a preliminary investigation of any building or premises, the director finds that it is unfit, substandard,
boarded -up, required to be boarded -up, or a nuisance, he or she shall cause the owners to be served, either
personally or by first class and certified mail with return receipt requested, and shall post in a conspicuous place
on such property a complaint stating in what respect such building is unfit for human habitation or other use or is
substandard or that it is or should be a boarded -up building or that the premises is a nuisance. If the whereabouts
of such person is unknown and cannot be ascertained by the director in the exercise of reasonable diligence, he or
she shall make an affidavit to that effect, then the serving of such complaint or order upon such person may be
made either by personal service or by mailing a copy of the notice and orders by certified mail, postage prepaid,
return receipt requested, to each person at the address appearing on the last equalized tax assessment roll of the
county, or at the address known to the county assessor. A copy of the notice and order shall also be mailed,
addressed to each person or party having a recorded right, title, estate, lien, or interest in the property. Such
complaint shall contain a notice that a hearing will be held before the hearing examiner at a place therein fixed,
not less than 10 days nor more than 30 days after the service of such complaint; that all parties in interest shall be
given the right to file an answer to the complaint, and to appear in person or otherwise and give testimony at the
time and place fixed in the complaint. A copy of such complaint shall also be filed with the auditor of Snohomish
County, and such filing of the complaint and order shall have the force and effect of lis pendens. (Ord. 3006 § 8
(Exh. H), 2013; Ord. 2012 § 1, 1994)
16.08.270 Hearings before the hearing examiner.
A. Unless, prior to the time fixed for hearing in the complaint issued by the hearing examiner, arrangements
satisfactory to the hearing examiner for the repair, demolition, vacation or reoccupancy of the building or
premises are made, including the proper application for permits, or abatement of the nuisance, the hearing
examiner shall hold a hearing in accordance with Process II, LMC 1.35.200 et seq., and this chapter for the purpose
of determining the immediate disposition of the building or premises. The hearing examiner shall determine
whether or not the building is an unfit building as defined by LMC 16.08.230, or whether the building is a
substandard or boarded -up building as defined by LMC 16.08.230 and 16.08.240, or if the condition is a nuisance
under LMC 16.08.250. The rules of evidence prevailing in courts of law or equity shall not be controlling at the
hearing before the hearing examiner. Evidence, including hearsay evidence, is admissible if in the judgment of the
hearing examiner it is the kind of evidence on which reasonably prudent persons are accustomed to rely in the
conduct of their affairs.
B. The hearing examiner shall determine whether or not the building should be repaired or vacated in the event
that it fails to comply with any provision or provisions of LMC 16.08.230 or 16.08.240, whether or not the building
should be demolished based upon the specific requirements of LMC 16.08.230, whether an annual inspection fee
is due or a building should be boarded -up or whether or not a nuisance should be abated under LMC 16.08.250.
C. If, after the required hearing, the hearing examiner determines that the building is unfit, substandard or
boarded -up, or the condition of the building or premises is a nuisance, the examiner shall state in writing his or
her findings of fact in support of such determination, and shall issue and cause to be served upon the owner and
The Lynnwood Municipal Code is current through Ordinance 3464, passed July 22, 2024.
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other appearing a copy of such findings in the manner provided in LMC 16.08.260. The examiner shall cause to be
posted an order in a conspicuous place on said property:
1. Requiring the owner or party in interest, within the time specified in the order, to repair, alter or improve
such building to render it fit for human habitation or for other use, and to vacate and close the building; or
2. Requiring the owner or party in interest, within the time specified in the order, to repair, alter or improve
such building to render it fit for human habitation or for other use, or to vacate and close the building; or
3. Stating that an annual inspection fee has been assessed against the building until such time as it is
reoccupied or demolished; or
4. Requiring the owner or party in interest to abate the nuisance and setting out generally those steps
necessary to abate it, including boarding -up an abandoned or vacant building. In addition, such order shall
state that the owner has the right to appeal to the superior court in accordance with RCW 1.35.260 and,
unless he does appeal or comply with the order, the city shall have the power, without further notice or
proceedings, to vacate and secure the building or premises and do any act required of the owner in the order
of the hearing examiner, and to charge any expenses incurred thereby to the owner and assess them against
the property; provided, that if an annual inspection fee is the only order made by the hearing examiner, the
addition to the notice need only state that unless the fee is paid or arrangements for payment are made or an
appeal filed, that amount will be assessed against the property.
D. If no appeal is filed, a copy of such order shall be filed with the auditor of Snohomish County and shall be a
final order. (Ord. 3006 § 8 (Exh. H), 2013; Ord. 2012 § 1, 1994)
16.08.290 Enforcement.
A. The order of the director or the hearing examiner may prescribe times within which demolition shall be
commenced or completed. If the action is not commenced or completed within the prescribed time, or if no time
is prescribed within the time for appeal, the director may cause the building to be demolished and the premises to
be suitably filled and cleared. If satisfactory progress has been made and sufficient evidence is presented that the
work will be completed within a reasonable time, the director or the hearing examiner may extend the time for
completion of the work. If satisfactory or substantial progress has not been made, the director or the hearing
examiner may cause the building to be demolished and the premises suitably filled and cleared.
B. If other action ordered by the director or the hearing examiner is not taken within the time prescribed, or if
no time is specified within the time for appeal, the director or the hearing examiner may cause the action to be
taken by the city.
C. If the director or the hearing examiner deems it necessary to have the building secured as an interim
measure for the protection of the public health and welfare while pending action, they may so order. If the owner
is unable or unwilling to secure the building within 48 hours, the director or the hearing examiner may order the
building secured by the city.
The Lynnwood Municipal Code is current through Ordinance 3464, passed July 22, 2024.
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D. If the owner is unable to comply with the director or hearing examiner's order within the time required, and
the time for petition to the superior court has passed, the owner may, for good and sufficient cause beyond his or
her control, request in writing an extension of time. The director or the hearing examiner may grant a reasonable
extension of time after a finding that the delay was for good and sufficient cause. There shall be no appeal or
petition from the director's or the hearing examiner's ruling on an extension of time. (Ord. 3006 § 8 (Exh. H), 2013;
Ord. 2012 § 1, 1994)
16.08.300 Costs.
A. 1. The costs of abatement, repair, alteration or improvements, or vacating and closing, or removal or
demolition, when borne by the city, shall be assessed against the real property upon which such costs were
incurred unless paid. The director or the hearing examiner shall forward such costs to the city treasurer, who
shall certify them to the county treasurer for assessment on the tax rolls in accordance with Chapter 35.80
RCW.
2. When necessary, bids for demolition shall be let only to a licensed contractor. All contract documents
shall provide that the value of the materials and other salvage of the property shall be credited against the
costs of the demolition. The contract documents may require the contractor to estimate the salvage value of
the property and, by claiming the salvage, reduce the amount of his price accordingly. The contract price fixed
by acceptance of the contract shall not be adjusted to reflect the actual salvage value. Such contracts may be
let prior to the time for compliance or appeal, but shall not be binding or accepted until the order for
demolition is final. The director shall have the authority to sign the contract on behalf of the city.
3. There shall be charged against the owner and assessed against the property of any boarded -up building
an annual inspection fee as shown in Chapter 3.104 LMC.
a. Such fee shall be payable at the time the building becomes a boarded -up building. The hearing
examiner or director shall order a refund of the proportional amount not due if the building is
reoccupied or demolished. Subsequent annual fees shall be payable on or before the preceding annual
fee has been exhausted.
b. The director or the hearing examiner may waive the inspection fee if the building does not remain a
boarded -up building for more than six months. In other cases, the director or hearing examiner may
reduce or modify the time and method of payment of the fee as the condition of the property or the
circumstances of the owner may warrant.
B. 1. Whenever a building is found to be unfit or substandard or a premises to be a nuisance and the cost of
demolition, repair or abatement must be borne by the city, there shall be charged against the owner and
assessed against the property the costs for all administrative proceedings before the director and the hearing
examiner including salaries, wages, material and other expenses incurred for inspecting, conducting hearings,
or otherwise determining the status of the property.
The Lynnwood Municipal Code is current through Ordinance 3464, passed July 22, 2024.
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2. The director or the hearing examiner may modify the time or methods of payment of such expenses as
the condition of the property and the circumstances of the owner may warrant. In cases of extreme hardship,
such expenses may be waived. (Ord. 3006 § 8 (Exh. H), 2013; Ord. 2656 §§ 1, 2, 2006; Ord. 2012 § 1, 1994)
16.08.310 Permit required.
Any work including construction, repairs or alterations under this chapter to rehabilitate any building or structure
may require a permit in accord with the provisions of this code. (Ord. 3006 § 8 (Exh. H), 2013; Ord. 2012 § 1, 1994)
16.08.320 Rules and regulations.
The director may make and promulgate such rules and regulations as will effectuate the purposes of this chapter
and do substantial justice. (Ord. 3006 § 8 (Exh. H), 2013; Ord. 2012 § 1, 1994)
16.08.330 Violations.
It shall be unlawful and a violation of this chapter to knowingly:
A. Occupy or suffer to be occupied any building or premises ordered vacated;
B. Fail to comply with any order issued pursuant to this chapter; or
C. Obstruct any officer or agent of the city of Lynnwood or other governmental unit in the enforcement of this
chapter. Violation of this section is a gross misdemeanor. (Ord. 3006 § 8 (Exh. H), 2013; Ord. 2012 § 1, 1994)
16.08.340 Emergencies.
The provisions of this chapter shall not prevent the director or any other officer of the city of Lynnwood or other
governmental unit from taking any other action, summary or otherwise, necessary to eliminate or minimize an
imminent danger to the health or safety of any person or property. (Ord. 3006 § 8 (Exh. H), 2013; Ord. 2012 § 1,
1994)
The Lynnwood Municipal Code is current through Ordinance 3464, passed July 22, 2024.
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The Lynnwood Municipal Code is current through Ordinance 3464, passed July 22, 2024.
Disclaimer: The city clerk's office has the official version of the Lynnwood Municipal Code. Users should contact the
city clerk's office for ordinances passed subsequent to the ordinance cited above.
City Website: www.lynnwoodwa.gov
Hosted by General Code.
The Lynnwood Municipal Code is current through Ordinance 3464, passed July 22, 2024.
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Ch. 15.40 Maintenance of Vacant Buildings in the Downtown Parking and Business Improvement District I Page 1 of
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Chapter 15.40
MAINTENANCE OF VACANT BUILDINGS IN THE DOWNTOWN PARKING
AND BUSINESS IMPROVEMENT DISTRICT
Sections:
15.40.010
Scope.
15.40.020
Administration.
15.40.030
Definitions.
15.40.040
General minimum maintenance requirements.
15.40.050
Vacant commercial space registration.
15.40.060
Window displays for commercial buildings not occupied for thirty (30) days.
15.40.070
Fees for vacant commercial space registration.
15.40.080
Delinquent registration fees —Collection.
15.40.090
Duty to amend registration statement.
15.40.100
Inspections.
15.40.110
Enforcement.
15.40.120
Annual report.
15.40.130
Severability.
15.40.010 Scope.
The provisions of this chapter apply to all structures in the downtown parking and business improvement district
boundary, extending west to Park Street. All responsible persons (as defined in Section 15.40.030) shall comply
with the requirements of this chapter.
(Ord. 6700 § 1, Added, 07/12/2023)
15.40.020 Administration.
This chapter will be administered by the community development department, who may adopt administrative
rules and regulations consistent with its terms. The community development director (and his or her designee) are
authorized to enforce this chapter.
(Ord. 6700 § 1, Added, 07/12/2023)
The Aberdeen Municipal Code is current through Ordinance 6711, passed July 31, 2024.
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15.40.030 Definitions.
For purposes of this chapter, the following words or phrases shall have the meaning prescribed below:
A. "City" means the city of Aberdeen, its officers, employees, and agents.
B. "Commercial space" means any commercial building within the downtown parking and business
improvement district.
C. "Occupied" means a commercial building with a permitted use physically located and lawfully operating in the
space for at least six (6) consecutive months in the previous two (2) years.
D. "Responsible person" means any person, firm, association, corporation, or any agent or subsidiary thereof
owning, leasing, renting or otherwise having lawful possession or ownership of a structure in the downtown
parking and business improvement district.
E. "Downtown parking and business improvement district" means the DPBID in the city of Aberdeen as defined
in Chapter 3.100.
F. "Vacant commercial buildings" means any portion of a street -level commercial space that, on or after July 1,
2023, is not occupied and has not been occupied.
(Ord. 6700 § 1, Added, 07/12/2023)
15.40.040 General minimum maintenance requirements.
All responsible persons shall perform the following with respect to each structure they own, lease, rent or lawfully
possess:
A. Maintain all exterior surfaces, including but not limited to doors, windows, door and window frames, cornices,
porches, trim, balconies, decks, and fences, in good condition, free of missing fence posts, holes or gaps, missing
pieces, etc.
B. If a window glass or door glass is broken or missing or doors and locks are not secure, building owners must
install plywood to secure the structure. Plywood may not remain in place for more than seventy-two (72) hours or
as such extension that may be granted by the community development director. Building owners are required to
replace broken glass with new glass or a hardened polycarbonate covering. Building owners may show proof of
purchase for an extension of time if needed.
C. Protect exterior wood surfaces, other than decay -resistant woods, from the elements and decay with paint or
other protective covering or treatment. If protection of the surface is compromised, restore adequate protection
within a reasonable time; for example, remove peeling, flaking or chipped paint and repaint the compromised
surface.
The Aberdeen Municipal Code is current through Ordinance 6711, passed July 31, 2024.
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D. Cause all siding and masonryjoints and joints between building envelopes and perimeters of windows, doors,
and skylights to be weather -resistant and watertight.
E. Coat all metal surfaces subject to rust or corrosion, except those designed to be stabilized by oxidation, to
inhibit rust and corrosion; after first stabilizing any existing rust and corrosion and remove oxidation stains from
exterior surfaces.
F. Maintain all exterior walls free from graffiti, moss, algae, dirt, grime, holes, breaks and loose or decaying
materials. Weatherproof and properly coat the surface of all exterior walls when required to prevent deterioration.
G. Maintain roofs and flashing of all structures in a fashion that is sound, tight, and free of moss, algae or
defects that admit rain, attract pests, or create a public nuisance. Maintain adequate roof drainage to prevent
dampness and deterioration in the walls and inside the structure, maintain roof drains, gutters and downspouts in
good repair and free from obstructions.
(Ord. 6700 § 1, Added, 07/12/2023)
15.40.050 Vacant commercial space registration.
A. At least one (1) responsible person for each vacant commercial building must register that building with the
city within ten (10) calendar days of the date the space becomes a vacant commercial building, as that term is
defined in Section 15.40.030, unless:
1. The space is the subject of a current, valid building permit for repair or rehabilitation and the responsible
person provides proof, such as receipts, invoices or executed contracts, that the repair or rehabilitation is
proceeding without significant delay; or
2. The space meets all applicable codes and regulations that apply to a permitted use, and the responsible
person is actively attempting to sell, lease or rent the property (which is evidenced, in part, by appropriate
signage); or
3. The property the commercial building is located on is the subject of a land use application for
redevelopment for which approval has been granted but building permits have yet to be issued.
B. A space will be considered registered on the date the city received, on a form provided by the community
development department and properly completed and signed by a responsible person, the following information:
The street address and parcel number of the vacant commercial building;
2. The name, address, email and daytime and evening telephone numbers of each responsible person for
the vacant commercial building, including any owner or tenant;
3. The period of time the vacant commercial building is expected to remain vacant; and
4. Any other information requested by the director for the administration of this chapter.
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C. A responsible person must post a notice as provided by the community development department in a
conspicuous spot inside every vacant commercial building so as to be clearly visible to all potential tenants,
lessees, renters or buyers upon entering the space but not visible from outside the space.
D. A responsible person must renew the registration of each vacant commercial building on or before January
1 st of each year that the space remains vacant. A responsible person must submit the renewal application to the
city on forms provided by the community development department.
E. Upon satisfactory proof to the director that the vacant commercial building is occupied as defined in Section
15.40.030, the vacant commercial building will be unregistered. Proof of physical occupation may include, but is
not limited to, usable furniture, office equipment, retail inventory or other equipment and inventory in the space
that is consistent with the building's intended use, and persons regularly present at and using the building for its
intended use. Proof of physical occupancy must also include documentation, which may include, but is not limited
to, a current, executed lease agreement, paid utility receipts reflecting payments for six (6) consecutive months
from the month the space is occupied, or valid state and local business licenses, federal income tax or city
business and occupation tax statements indicating the subject space is the official business address of the person
or business address of the person or business claiming occupancy.
(Ord. 6700 § 1, Added, 07/12/2023)
15.40.060 Window displays for commercial buildings not occupied for thirty
(30) days.
When commercial buildings are not occupied for more than thirty (30) days, a responsible person must take steps
to maintain a vibrant streetscape and avoid adverse impacts on neighborhood character by applying at least one
(1) of the following measures to all ground -floor windows that face sidewalks, streets or public open space:
A. Paint windows with visually appealing scenes depicting or suggesting business or cultural activities;
B. Display works of art or provide other displays of cultural or educational value, using background panels or
other methods to screen views from the street; or
C. Other measures consistent with these examples approved by the director.
(Ord. 6700 § 1, Added, 07/12/2023)
15.40.070 Fees for vacant commercial space registration.
At least one (1) responsible person shall pay an annual registration fee for each registered vacant commercial
building. At least one (1) responsible person must pay the fee to the city at the time the space is registered and on
January 1 st of each year that the space remains vacant. All fees are set by resolution.
The Aberdeen Municipal Code is current through Ordinance 6711, passed July 31, 2024.
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(Ord. 6700 § 1, Added, 07/12/2023)
15.40.080 Delinquent registration fees —Collection.
If a responsible person fails to pay the registration and inspection fees by the due date, the city is authorized to
take action to collect all fees, including filing civil actions or turning the matter over to collection, in which cases
costs incurred by the city because of the collection process will be assessed to the responsible person or
responsible persons in addition to the registration and inspection fees.
(Ord. 6700 § 1, Added, 07/12/2023)
15.40.090 Duty to amend registration statement.
Responsible persons for any registered vacant commercial building shall advise the director, in writing, of any
changes to the information on the registration form within thirty (30) days of the occurrence of the change.
(Ord. 6700 § 1, Added, 07/12/2023)
15.40.100 Inspections.
The building official and his or her designees are authorized to conduct inspections to enforce the provisions of
this chapter.
(Ord. 6700 § 1, Added, 07/12/2023)
15.40.110 Enforcement.
A. Enforcement of the provisions of this chapter will be performed in accordance with Section 15.10.050.
B. No responsible person may violate or fail to comply with any provisions of this chapter. Each responsible
person commits a separate offense for each and every day a violation is committed in violation of any provision of
this chapter.
C. All responsible persons for a commercial building are jointly and severally responsible with respect to that
commercial building for compliance with the provisions of this chapter and for any payments that they may be
required to make to the city under this chapter. If the commercial building is subject to a lease, the city shall have
the discretion to determine whether to enforce this chapter against the commercial building owner, the tenant or
both.
(Ord. 6700 § 1, Added, 07/12/2023)
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15.40.120 Annual report.
The director shall make an annual report to the city council in January of every odd year on the status of the
vacant commercial building registration program.
(Ord. 6700 § 1, Added, 07/12/2023)
15.40.130 Severability.
The provisions of this chapter are declared to be severable and if any section, sentence, clause or phrase of this
chapter shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of
the remaining sections, sentences, clauses or phrases of this chapter, and they shall remain in effect, it being the
legislative intent that this chapter shall stand notwithstanding the invalidity of any part.
(Ord. 6700 § 1, Added, 07/12/2023)
The Aberdeen Municipal Code is current through Ordinance 6711, passed July 31, 2024.
Disclaimer: The city clerk's office has the official version of the Aberdeen Municipal Code. Users should contact the
city clerk's office for ordinances passed subsequent to the ordinance cited above.
City Website: www.aberdeenwa.gov
City Telephone: (360) 537-3231
Hosted by General Code.
The Aberdeen Municipal Code is current through Ordinance 6711, passed July 31, 2024.
4 PA
Ch. 16.16 Maintenance of Vacant Commercial Space in the Central Business District I Everett Municipal Code Page 1 of 6
Chapter 16.16
MAINTENANCE OF VACANT COMMERCIAL SPACE IN THE CENTRAL
1*11101 :14SIFUlklIX41
Sections:
16.16.010
Scope.
16.16.020
Administration.
16.16.030
Definitions.
16.16.040
General minimum maintenance requirements.
16.16.050
Vacant commercial space registration.
16.16.060
Window displays for commercial spaces not occupied for thirty days.
16.16.070
Fees for vacant commercial space registration.
16.16.080
Delinquent registration fees —Collection.
16.16.090
Duty to amend registration statement.
16.16.100
Inspections.
16.16.110
Enforcement.
16.16.120
Annual report.
16.16.010 Scope.
The provisions of this chapter apply to all structures in the urban mixed zone (UM zone), unless otherwise stated.
All responsible persons (as defined in Section 16.16.030) shall comply with the requirements of this chapter. (Ord.
3617-18 § 7, 2018; Ord. 3127-09 § 1, 2009.)
16.16.020 Administration.
This chapter will be administered by the building official, who may adopt administrative rules and regulations
consistent with its terms. The building official (and the building official's designee), or code enforcement officers,
or both are authorized to enforce this chapter. (Ord. 3127-09 § 2, 2009.)
16.16.030 Definitions.
For the purposes of this chapter:
"City" means the city of Everett, its officers, employees, and agents.
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Ch. 16.16 Maintenance of Vacant Commercial Space in the Central Business District I Everett Municipal Code Page 2 of 6
"Commercial space" means any portion of a structure in the urban mixed zone that is not intended for residential
use.
Occupied. A commercial space is considered occupied if a permitted, nonresidential use is physically located and
lawfully operating in the space for at least six consecutive months.
"Responsible person" means any person, firm, association, corporation or any agent thereof owning, leasing,
renting or having lawful possession of a structure in the urban mixed zone.
"Urban mixed zone" means the UM zone in the city of Everett as defined by the Everett zoning code, Title 19.
"Vacant commercial space" means any portion of a street -level commercial space that, on or after September 1,
2009, is not occupied and has not been occupied during the preceding ninety days. (Ord. 3617-18 § 8, 2018; Ord.
3127-09 § 3, 2009.)
16.16.040 General minimum maintenance requirements.
All responsible persons shall perform the following with respect to each structure they own, lease, rent or lawfully
possess:
A. Maintain all exterior surfaces, including but not limited to doors, windows, door and window frames, cornices,
porches, trim, balconies, decks, and fences, in good condition.
B. Protect exterior wood surfaces, other than decay -resistant woods, from the elements and decay with paint or
other protective covering or treatment. If protection of the surface is compromised, restore adequate protection
within a reasonable time; for example, remove peeling, flaking or chipped paint and repaint the compromised
surface.
C. Cause all siding and masonryjoints and joints between the building envelope and the perimeter of windows,
doors, and skylights to be weather -resistant and watertight.
D. Coat all metal surfaces subject to rust or corrosion, except those designed to be stabilized by oxidation, to
inhibit rust and corrosion, after first stabilizing any existing rust and corrosion. Remove oxidation stains from
exterior surfaces.
E. Maintain all exterior walls free from moss, algae, dirt, grime, holes, breaks, and loose or decaying materials.
Weatherproof and properly coat the surface of all exterior walls when required to prevent deterioration.
F. Maintain the roof and flashing of all structures so that they are sound, tight, free of moss, algae or defects
that admit rain, attract pests or create a public nuisance. Maintain adequate roof drainage to prevent dampness
and deterioration in the walls and inside the structure. Maintain roof drains, gutters, and downspouts in good
repair and free from obstructions. (Ord. 3127-09 § 4, 2009.)
The Everett Municipal Code is current through Ordinance 4031-24, passed May 22, 2024.
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Ch. 16.16 Maintenance of Vacant Commercial Space in the Central Business District I Everett Municipal Code Page 3 of 6
16.16.050 Vacant commercial space registration.
A. At least one responsible person for each vacant commercial space must register that space with the city
within 10 calendar days of the date the space becomes vacant commercial space, as that term is defined in Section
16.16.030, unless:
1. The space is the subject of a current, valid building permit for repair or rehabilitation and the responsible
person provides proof, such as receipts, invoices or executed contracts, that the repair or rehabilitation is
proceeding without significant delay; or
2. The space meets all applicable codes and regulations that apply to a permitted nonresidential use, and
the responsible person is actively attempting to sell, lease, or rent the property (which is evidenced, in part, by
appropriate signage); or
3. The property the commercial space is located on is the subject of a land use application for
redevelopment for which approval has been granted, but building permits have yet to be issued.
B. A space will be considered to be registered on the date the city receives, on a form provided by the building
official and properly completed and signed by a responsible person, the following information:
The street address and parcel number of the vacant commercial space;
2. The name, address, and daytime and evening telephone numbers of each responsible person for the
vacant commercial space, including any owner or tenant;
3. The period of time the vacant commercial space is expected to remain vacant;
4. Any other information requested by the building official for the administration of this chapter.
C. For every registered vacant commercial space, a responsible person must record a notice that the space is
registered with the city as a vacant commercial space with the Snohomish County auditor. The notice must be
approved by the building official, and a copy of the recorded notice must be received by the city no later than
thirty days from the date the space is registered.
D. A responsible person must post the following notice inside every vacant commercial space so as to be clearly
visible to all potential tenants, lessees, renters or buyers upon entering the space but not visible from outside the
space:
This Vacant Commercial Space is registered with the City of Everett.
This Vacant Commercial Space may not meet all applicable codes and regulations, which may include
codes and regulations required to occupy the space for a permitted use in the Urban Mixed Zone.
The Vacant Commercial Space was registered on [date]
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E. A responsible person must renew the registration of each vacant commercial space on or before January 1st
of each year that the space remains vacant. A responsible person must submit the renewal application to the city
on forms provided by the building official.
F. Upon satisfactory proof to the building official that the vacant commercial space is occupied as defined in
Section 16.16.030, the vacant commercial space will be unregistered. Proof of physical occupation may include,
but is not limited to, usable furniture, office equipment, retail inventory or other equipment and inventory in the
space that are consistent with the unit's intended use, and persons regularly present at and using the space for its
intended use. Proof of physical occupancy must also include documentation, which may include, but is not limited
to, a current, executed lease agreement, paid utility receipts reflecting payments for six consecutive months from
the month the space is occupied, or valid state and local business licenses, federal income tax or city business and
occupation tax statements indicating the subject space is the official business address of the person or business
claiming occupancy.
G. The determination of the number of vacant commercial spaces a structure contains will be at the reasonable
discretion of the building official. (Ord. 3617-18 § 9, 2018; Ord. 3127-09 § 5, 2009.)
16.16.060 Window displays for commercial spaces not occupied for thirty
days.
When commercial space is unoccupied for more than thirty days, a responsible person must take steps to
maintain a vibrant streetscape and avoid adverse impacts on neighborhood character by applying at least one of
the following measures to all ground -floor windows that face sidewalks, streets, or public open space:
A. Paint windows with visually appealing scenes depicting or suggesting business or cultural activities;
B. Display works of art or provide other displays of cultural or educational value, using background panels or
other methods to screen views from the street of the unoccupied space;
C. Other measures consistent with these examples approved by the building official. (Ord. 3127-09 § 6, 2009.)
16.16.070 Fees for vacant commercial space registration.
A. At least one responsible person shall pay an annual registration fee for each registered vacant commercial
space. At least one responsible person must pay the fee to the city at the time the space is registered and on
January 1 st of each year that the space remains vacant. The fee will be based on the duration of the vacancy as
determined by the following scale:
Two hundred fifty dollars for each space vacant for less than one year;
2. Five hundred dollars for each space vacant for at least one year but less than two years;
The Everett Municipal Code is current through Ordinance 4031-24, passed May 22, 2024.
216
Ch. 16.16 Maintenance of Vacant Commercial Space in the Central Business District I Everett Municipal Code Page 5 of 6
3. Seven hundred fifty dollars for each space vacant for at least two years but less than three years;
4. One thousand dollars for each space vacant for at least three years and for each year thereafter until the
building is occupied.
B. The fees are intended to defray the costs of administering this section through Section 16.16.120 and may be
changed by resolution of the council to meet these costs. (Ord. 3127-09 § 7, 2009.)
16.16.080 Delinquent registration fees —Collection.
If a responsible person fails to pay the registration fee by the due date, the city is authorized to take action to
collect the registration fee, including filing civil actions or turning the matter over to collection, in which case costs
incurred by the city as a result of the collection process will be assessed to the responsible person or responsible
persons in addition to the registration fee. (Ord. 3127-09 § 8, 2009.)
16.16.090 Duty to amend registration statement.
Responsible persons for any registered vacant commercial space shall advise the building official, in writing, of any
changes to the information on the registration form within thirty days of the occurrence of the change. (Ord.
3127-09 § 9, 2009.)
16.16.100 Inspections.
The building official (and the building official's designee), or code enforcement officers, or both are authorized to
conduct inspections to enforce the provisions of this chapter. (Ord. 3127-09 § 10, 2009.)
16.16.110 Enforcement.
A. Enforcement of the provisions of this chapter will be performed in accordance with Chapter 1.20.
B. No responsible person may violate or fail to comply with any provisions of this chapter. Each responsible
person commits a separate offense for each and every day they commit, continue or permit a violation of any
provision of this chapter.
C. All responsible persons for a commercial space are jointly and severally responsible with respect to that
commercial space for compliance with the provisions of this chapter and for any payments that they may be
required to make to the city under this chapter. If the commercial space is subject to a lease, the city shall have
discretion to determine whether to enforce this chapter against the commercial space owner, the tenant or both
The Everett Municipal Code is current through Ordinance 4031-24, passed May 22, 2024.
217
Ch. 16.16 Maintenance of Vacant Commercial Space in the Central Business District I Everett Municipal Code Page 6 of 6
of them, but the city shall consider in this determination whether the lease provides that the compliance with this
chapter is the responsibility of the commercial space owner or the tenant. (Ord. 3127-09 § 11, 2009.)
16.16.120 Annual report.
The building official shall make a report to the city council in January of every odd year on the status of the vacant
commercial space registration program. (Ord. 3127-09 § 12, 2009.)
The Everett Municipal Code is current through Ordinance 4031-24, passed May 22, 2024.
Disclaimer: The City Clerk's Office has the official version of the Everett Municipal Code. Users should contact the
City Clerk's Office for ordinances passed subsequent to the ordinance cited above.
City Website: www.everettwa.gov
Hosted by General Code.
The Everett Municipal Code is current through Ordinance 4031-24, passed May 22, 2024.
218
9/13/24, 10:04 AM Vacant Buildings - SDCI I seattle.gov
Seattle Department of Construction & Inspections
/ Home / Codes / Common Code Questions / Vacant Buildings
Vacant Buildings
See also: Vacant Building Standards, Weeds & Vegetation Code
What Is It?
Vacant buildings in Seattle must be secured and maintained to prevent unauthorized entry and
deterioration from the weather. Our Housing and Building Maintenance Code contains the A
City's Vacant Building Maintenance standards. ,
We may add vacant buildings to our Vacant Building Monitoring Program if. C°
• The owner does not bring them into compliance after a complaint
• The vacant building has multiple complaints
• The vacant building is in the development process
• We receive a complaint by SPD or SFD
We inspect these buildings on a monthly basis and charge owners fees ranging from $271.85 to $542.60 per month depending on the condition
of the building. Properties must have no violations for three consecutive monthly inspections to be removed from the program. We encourage
owners to explore ways to keep buildings occupied while waiting for their permits to be issued.
If a vacant building becomes so deteriorated that it poses a danger to the public, we may seek an order allowing abatement — a court order
granting us permission to enter onto the property and demolish the building. Before asking for a court order, we send a notice to the property
owner and provide an opportunity for a hearing.
o Need Help With a Vacant Building?
o Vacant Building Options
o Vacant Building Monitoring Program
What It Isn't
This ordinance does not cover:
• Unauthorized or criminal activity, squatters, or vagrants in vacant buildings; contact the Seattle Police Department at ,(206) 625-5011
(non -emergency) or 911
• Graffiti; contact Seattle Public Utilities graffiti prevention and removal program
• Rodent (e.g., rat) infestation; contact the Seattle -King CounV Health Department at (206) 296-0100
• Vacant commercial buildings are handled first by the Seattle Fire Department; contact us if the Fire Department doesn't have the
authority to address an issue
Rules to Follow
Our ordinance requires that you:
• Keep your vacant building in good repair, secured from unauthorized entry, and protected from the weather
• Keep the grounds free of junk, parked cars, and overgrown vegetation
• Remove deteriorating or unsafe building parts, such as staircases that may pose a danger to firefighters or other city personnel
o Tip 601, Unsafe and Vacant Buildings: SDCI's Inspection Program/SFD's Inspection Program
o Tip 605, City Regulations for Maintaining Vacant Buildings
o Tip 608, Regulations Affecting Buildings Unfit for Human Habitation or Other Use
Read the Code
Read the Seattle Municipal Code (SMC) sections on the vacant building standards SMC 22.206.200 and unfit building standards SMC 22.208.
Fines
Violations of the code may result in fines starting at $150 per day. Our vacant building monitoring fees range from $271.85 to $542.60 per
month. If we have to board up or demolish a vacant building at the City's expense, we will seek reimbursement and a tax lien may be placed on
your property to recover those costs.
219
https://www.seaftle.gov/sdci/codes/common-code-questions/vacant-buildings
9/13/24, 10:04 AM
What Do You Want To Do?
Vacant Buildings - SDCI I seattle.gov
Make a Property or Building Complaint
Check Status
Enter a record number I Find it on a map
Example:6703106-CN Go
Still Need Help?
Ask Us
Call us at (206) 615-0808
M, W, F: 9:00 a.m. - 3:00 p.m.
T, Th: 10:30 a.m. - 3:00 p.m.
Most services are available online through our Applicant Services Center.
https://www.seaftle.gov/sdci/codes/common-code-questions/vacant-buildings 220
+CITY COUNCIL ADVISORY COMMITTEE MEETING DATES
STANDING COMMITTEE
Date & Time
Location
Economic Development and Tourism
October 14, 2024; 9:30am
Remote Access
Utilities
October 8; 5:00pm — 2"d Tuesday of the month
Remote Access
Finance
October 15, 2024; 3:0013M
Remote Access
Transportation
October 22, 2024; 4:30pm- 4th Tuesday of the month
Remote Access
Land Use
October 16, 2024; 4:30pm
Remote Access
Lodging Tax Advisory
October 30, 2024
Remote Access
Sewer Advisory
October 8, 2024, 3:00pm
WSUD
Outside Agency Committees
Varies
Varies
**Dates subject to change
I►virX191:1
Robert (Rob) Putaansuu
Mayor
Administrative Official
CITY COUNCIL
Fred Chang
Councilmember Position 6
(Mayor Pro-Tempore)
E/D &Tourism Committee
Finance Committee
Eric Worden
Councilmember Position 4
Land Use Committee
Utilities/Sewer Advisory Committee
K RCC-a It
41:7-111AI1T/L4Z19 ]I.4141l9l►4-1
Mark Trenary
Councilmember Position 1
Finance Committee, Chair
Transportation Committee, Chair
KRCC
PSRC-alt
Heidi Fenton
Councilmember Position 5
Utilities/Sewer Advisory Committee
E/D &Tourism Committee
Transportation Committee
Jay Rosapepe
Councilmember Position 2
Utilities/Sewer Advisory Committee, Chair
Land Use Committee, Chair
KEDA-alt
John Morrissey
Councilmember Position At -Large
Finance Committee
E/D & Tourism Committee
Lodging Tax, Chair
Kitsap Economic Development Alliance
PSRC EDD-alt
Tim Drury Debbie Lund, CEBS SPHR SHRM-SCP Noah Crocker, M.B.A.
Municipal Court Judge Human Resources Director Finance Director
Matt Brown Nicholas Bond, AICP Denis Ryan, CPWP-M, CPRP
Police Chief Community Development Director Public Works Director
Scott Diener
Councilmember Position 3
Land Use Committee
Transportation Committee
Kitsap Public Health District
Brandy Wallace, MMC, CPRO
City Clerk
221
Docusign Envelope ID: 550957D8-B2D2-43B1-96FD-B53D94BC1415
VCV UC 1
SOUND
ENERGY
REQUIREMENTS FOR TRENCHING BY CUSTOMERS ON PUBLIC RIGHT-OF-WAYS AND/OR ON PUGET
SOUND ENERGY, INC. EASEMENTS
The following outlines most local governmental guidelines and company standards for trenching on a public right-of-way
or Puget Sound Energy, Inc. (PSE) easement. Any trenching performed by the customer, or their contractor, under a PSE
permit or easement must comply with these requirements.
1. All trench construction must be performed by a Washington State licensed and bonded contractor.
2. Trench excavation, backfill, restoration, and facility placement must be coordinated with a PSE designated
representative, and receive on -site approval by that representative, and local jurisdiction.
3. Right-of-way easement trenching and backfill must be performed during normal business hours, Monday through
Friday. Same day excavation and backfill is required for all trenching. Job start notification to the local jurisdiction
is the responsibility of Potelco, Inc. Customer shall notify Potelco Project Manager three working days prior to
trenching. Penalties for failure to comply with this requirement will be borne by the customer.
4. If the job scope requires excavation beyond a single day, fencing and barricading must be installed around utility
facilities exposed above the trench, if allowed, must be in accordance with local regulatory requirements.
5. PSE, all participating utilities, and One -Call Locate, must be notified a minimum of 72 hours in advance of the
date and time for right-of-way trenching and facility placement. The One -Call Locate number is 1-800-424-5555.
State law requires locating service notification.
6. Excavated material must remain clear of the roadway whenever possible. Excavation material, spoils, and debris
shall be removed off -site each day, in accordance with local regulatory requirements. All erosion control
requirements in accordance with local regulatory requirements are the responsibility of the customer.
7. Material excavated from the shoulder of the right-of-way shall be properly disposed, and replaced with select
backfill material in accordance with local regulatory requirements.
8. Proper compaction is required to comply with local regulatory specifications. If the permit requires compaction
testing, the cost of said testing is the responsibility of the customer.
9. All permit requirements, traffic control plans, traffic control and flagging shall meet local regulatory specifications
and satisfaction.
10. In the event of failure to abide by the above requirements, PSE reserves the right, at its sole discretion, to assume
trenching. In the event of delays due to equipment failure, PSE may assume trenching to meet regulatory and
joint construction requirements. The customer is responsible for all trenching costs, and will reimburse the
company for costs should PSE perform the trenching.
Initial
Customer Initials: r�
11. The customer agrees to indemnify, defend and hold harmless PSE from all liability (including reasonable
attorneys' fees) arising out of, or in connection with, the above mentioned trenching activities.
Initial
Customer Initials:
I AGREE TO ADHERE TO THE ABOVE CONDITIONS
Service Address: 216 PROSPECT ST
PORT ORCHARD 98366 Work Order Number: 101173311
Signed by:
Signature: puff nirll(l Name: ROBERTPUTAANSUU Title: Mayor Date: 08/27/20,222
6633268C70F6499... ��'�l
Docusign Envelope ID: 550957D8-B2D2-43B1-96FD-B53D94BC1415
PV CJt
' SOUND
ENERGY
PSE ELECTRICAL FACILITIES
EXCAVATION REQUIREMENTS AND FINAL GRADE CERTIFICATION
PURPOSE
This document is an agreement between Puget Sound Energy (PSE) and the Owner/Developer (Developer) who is
providing excavation for the installation of PSE's facilities. This document does not provide an easement for operating
rights. If PSE determines that a recordable easement on the Developer's property or other property is necessary, it shall be
the Developer's responsibility to obtain such easements in a form acceptable to PSE prior to construction.
EXCAVATION REQUIREMENTS
The requirements and conditions outlined below apply when you provide the excavation for PSE's electrical facilities as a
condition of receiving electrical service for your project. If you need additional information, please call the PSE contact
person listed below.
Developer is responsible for acquiring utility locates by calling One -Call, 1-800-424-5555 at least 48 hours (two full
working week days) prior to digging. The excavation must meet the requirements of the Washington Administrative
Code and Safety Standards.
2. Developer shall call the PSE contact person noted below for trench and route approval prior to starting excavation.
3. The electrical primary trench shall be excavated to provide a minimum of 36 inches of facility coverage, to a maximum
trench depth of 48 inches. The electric service trench shall be excavated to provide a minimum of 24 inches of facility
coverage, to a maximum trench depth of 36 inches. A 12 inch horizontal separation is required between PSE electrical
facilities and other utilities within a joint trench.
4. All back fill must be free of sharp objects and construction debris. Developer shall provide and install sand bedding and
shading for electrical facility protection as directed by PSE's contact person. Developer is responsible for any damages
caused by improper backfill or compaction.
5. Developer agrees to maintain a minimum of 2 feet of horizontal clearance between PSE conduit, pipe or conductors and
any foundation on Developer's property.
6. The vault excavation shall be dug to the dimensions noted on the attached work sketch. Vault holes shall have a solid
level bottom with a 6 inch deep layer of crushed rock bedding.
7. Developer shall provide the excavation for PSE electrical facilities within the designed location. Developer shall identify
and provide final grade, property lines, and utility easements prior to installation of PSE's electrical facilities.
8. Developer will be financially liable for the relocation of PSE's facilities which are inadequately covered, located outside
the area where PSE has adequate operating rights, improperly graded inhibiting standard access and/or any damages
resulting from dig -ins due to changes or variations in grade that are made after the installation of PSE's facilities.
FINAL GRADE CERTIFICATION
By my signing below, I certify that the electrical facilities work area shall be at final grade prior to excavation. I assume full
responsibility for my excavation work and the resulting location of these facilities. I also agree to indemnify, defend, and hold
harmless Puget Sound Energy from all liability arising out of, or in connection with my work, including but not limited to all
claims, losses, damages, and expenses, including reasonable attorney's fees, which result from my failure to excavate
within easement areas or rights -of -way, or from digging without adequate rights on adjoining properties.
Service Address: 216 PROSPECT ST
Signed by:
Signature: 06f,0101196sou
BB33268C70F6499...
PORT ORCHARD 98366
Name: ROBERT PUTAANSUU
Work Order Number: 101173311
Title: Mayor
Date: 08/27/2024
223
2806 08/15
Docusign Envelope ID: 550957D8-B2D2-43B1-96FD-B53D94BC1415
rvur l COMMERCIAL ELECTRIC FACILITIES CONTRACT
' SOUND
ENERGY
Date
08/26/2024
Contract is subject to revision after
90 days
CUSTOMER (OWNER) NAME CITY OF PT. ORCHARD, PUBLIC WORKS DEPT.
CO-OWNER NAME (IF APPLICABLE)
SERVICE ADDRESS 216 PROSPECT ST
CITY PORT ORCHARD
STATE
ZIP 98366
WA
BILLING ADDRESS 216 PROSPECT ST
CITY PORT ORCHARD
STATE WA
ZIP 98366
PHONE 360.876.4991
EMAIL KCHAMMER@PORTORCHARDWA.
n WORKORDER NO. 101173311
Summary of Charges:
Construction Costs: $ 33,784.26
Transformation Charges: $ 15,190.31
Less Applicable Margin Allowance: $ 0
Sub -Total (Potential Refundable Costs): $ 48,974.57
Permitting Fees*: $ 48,974.57
Relocation/Removal of Existing Facilities: $ 0
Other Non -Refundable Construction Charges: $ 824.77
Sub -Total (Non -Refundable Costs): $ 1,060.71
Less Deposit Paid in Advance: $ 0
Total Amount to be Billed Under This C eat: $ 50,035.28
Customer Initials UL
Brief Description of Work:
REMOVE EXISTING 3 PHASE OVERHEAD
TRANSFORMER. INSTALL OVERHEAD TO
UNDERGROUND PRIMARY LINE EXTENSION.
Brief Description of Other Costs:
MATERIALS, LABOR & FLAGGING.
*If the above Permitting Fees are associated with service work only, those costs will be billed with the applicable service
charges below after the service is energized.
SECONDARY SERVICE CHARGES (PERMANENT AND TEMPORARY) ARE NOT INCLUDED IN THE SUMMARY OF CHARGES
ABOVE Any applicable Secondary Service Type charges listed below will be billed after your service line installation, based on the actual
work performed. Base Costs, in the table below, are based on the current tariff pricing as of the date of installation and include the
Schedule 87 tax effect. These charges also do not include permitting fees, trenching and other excavation related work that is your
responsibility. The Secondary Service Type charges from the list below that apply to your project will be invoiced on a second bill.
Secondary Service Tyl2e 1480 Voltage or Below
Cost w/Schedule 87 tax effect
Single wire run to handhole or transformer
$912.07
Each additional run of wire(per circuits)
$189.92
Each additional trip beyond 1st trip due to customer needs
$564.25 per trip
Hourly rate for additional engineering at customer's request
$246.24
Underground Temporary Service Charge
$230.00
Overhead Temporary Service Charge
$474.00
Overhead to Overhead Permanent Service Charge
$914.28
Underground to Underground Permanent Service Charge
$749.75
Overhead to Underground Permanent Service Charge
$1,401.23
Customer
itwis:
By signing this contract you are authorizing PSE to continue with all the needed elements to complete your project. Upon
receipt of a signed contract, PSE will bill you for the amount indicated on the "Total Amount to Be Billed Under This Contract'
line. The bill will sent to the billing address listed on this contract. PSE requires payment of these line extension charges
prior to scheduling construction. Payments can be made via pse.com (fees may apply), by mail, or at a PSE Pay Station.
Delaying payment may result in a construction delay for your project. Customer requested changes in the scope of the
project may result in additional charges, and/or delays to your project.
Signed by.
Signature: U11Q ts UU Name: ROBERT PUTAANSUU Title: Mayor Date: 08/27/20,224
BB33268C70F6499...
Docusign Envelope ID: 550957D8-B2D2-43B1-96FD-B53D94BC1415
TERMS AND CONDITIONS
PROJECT INFORMATION
1. The PSE drawing shows the proposed scope of your project including the location of permanent, above ground
electrical facilities required to provide electrical service to your project. Fault current information for transformers
associated with your project is noted on the work sketch drawing. Please review this drawing as soon as possible
to ensure there are no unforeseen conflicts between PSE's design and your project. If you determine there are
conflicts or if you identify a discrepancy while reviewing the drawing for your project, please contact me at the
number below. This is attached as Exhibit A.
2. Additional construction -related information and information on metering and service entrance requirements
areprovided in PSE's Electric Service handbook for commercial projects. If you would like a copy of the
handbook please contact me at the number below. It is your responsibility to provide your project manager, site
superintendent, and/or subcontractors with any relevant information from this correspondence that apply to their
work in support of your project.
3. The Excavation Requirements & Final Grade Certification must be signed by the project owner or designee and
returned to me along with a signed copy of this contract. This is attached as Exhibit B.
4. Transformers have been sized for diversified commercial loads only, and shall not be used for high load factor
(continuous) temporary power uses, such as electric heaters for dry -out. Fault currents for non- residential
transformers in your project are noted on the attached PSE design drawing. Please notify the PSE representative
listed on this contract immediately if you believe there are conflicts between this design and your project. It is
your responsibility to provide your project manager, site superintendent, and subcontractors with any information
from this correspondence and it's attachments that apply to their work.
5. The requirements for trenching by customers on public right-of-ways and/or on Puget Sound Energy easements
must be signed by the project owner or designee and returned along with a signed copy of this contract. This is
attached as Exhibit C.
POTENTIAL REFUNDS
Margin Allowance:
If PSE has not provided a Margin Allowance or if your Margin Allowance exceeds $75,000, PSE agrees to calculate and
refund the Margin Allowance, subject to Schedule 85. Refund requests must be made within six (6) years of the date on
which the facilities installed under this contract are energized. Customers are responsible for making the one-time refund
request.
DIM Refund:
Other refunds associated with the line extension charge may be available if additional permanent service hook-ups are
made to your line extension. These service hook-ups must be made within five (5) years of the date on which your project
is initially energized Customers are responsible for making all refund requests. A refund may be requested one (1) time
within six (6) years of the date on which your line extension is initially energized. It is the customer's responsibility to
make the refund request. Your refund request should be directed to PSE's Customer Accounting Coordinators at
Schedule85refundrequests@pse.com.
RATE SCHEDULE 85
All terms and conditions, costs, and refunds are in accordance with PSE's Rate Schedule 85, and any discrepancies
between this contract and the Rate Schedule will be resolved in favor of the Rate Schedule. Rate Schedule 85 contains
more detailed information covering costs, refunds, rights, and obligations than is reflected in this contract. The entirety of
Rate Schedule 85 can be viewed at PSE's website www.pse.com.
This cost information is valid for 90 days from the Date Issued, and is subject to being updated after that time. I have read
both pages and agree to the terms and conditions outlined in this contract and its attachments.
The amount noted on this contract is an estimated cost; however PSE's Schedule 85 line extension tariff requires
customers to pay the actual cost of construction. PSE will determine the actual cost of the job once construction is
complete. If the actual cost of the job is more than 10% above or below the estimated cost, an additional billing or refund
will result to account for the difference. 225