017-20 - Department of Health - ContractGVL24702Grant AgreementbetweenDepartment of HealthandCity of Port Orchard
TABLE OF CONTENTSFace Sheet..................................................................................................................... 1Special Terms and Conditions ........................................................................................21. Contract Management and Communications ...........................................22. Compensation.........................................................................................^3. Expenses...................................................................................-.-.......^4. Billing Procedures and Payment.............................................................^5. SUBCONTRACTOR Data Coilection ...................................................... 36. Historical or Cultura! Artifacts................................................................... 37. Insurance................................................................................................. 38. Order of Precedence................................................................................ 3General Terms and Conditions ....................................................................................... 41. Definitions...............................................................................................^2. Allowable Costs....................................................................................... 43. All Writings Contained Herem.................................................................. 44. Amendments...........................................................................................^5. Americans with Disabilities Act (ADA)...................................................... 46. Assignment.............................................................................................^7. Attorney's Fees........................................................................................ 58. Code Requirements.................................................................................59. Conformance...........................................................................................510. Conflict of Interest.................................................................................... 511. Disallowed Costs .....................................................................................512. Disputes................................................................................................... 513. Duplicate Payment................................................................................... 614. Governing Law and Venue....................................................................... 615. Indemnification......................................................................................... 616. Independent Capacity of the CONTRACTOR .......................................... 617. Industrial Insurance Coverage................................................................. 618. Laws........................................................................................................ 619. Licensing, Accreditation and Registration ................................................620. Limitation of Authority ..............................................................................721. Noncompiiance With Nondiscrimination Laws........................................../22. Prevailing Wage Law............................................................................... 723. Prohibition Against Payment of Bonus or Commission............................. 724. Publicity..................................................................................-...............?25. Recapture................................................................................................?26. Records Maintenance..............................................................................?27. Registration With Department of Revenue............................................... 728. Right of Inspection.............................................................................-....?
FACE SHEETWashington State Department of Health on behalf ofFinancial Services DivisionOffice of Drinking WaterDrinking Water System Repairs and ConsolidationContract Number: CB0247021. CONTRACTORCity of Port Orchard2. CONTRACTOR Doing Business As (optional)Address doing Business as3. CONTRACTOR RepresentativeJacki BrownUtility Manager360-876-4991publ[cworks(%citvofportorchard,us4. DOH RepresentativeEloise RudolphGrants and Loan Officer360-236-3124E]oise.Rudolph(a)doh.wa.govPO BOX 47822Olympia, WA 98504-78225. Contract Amount$30,0006. Funding SourceFederal: |_| State:Other: D N/A: D7. Start DateDOE8. End Date6/30/20219. Federal Funds (as applicable)N/A10. Federal AgencyN/A11. CFDA Number:N/A12. Tax ID #91-600148713.SWV#00265665-0014.UBI#182-000-00515. DUNS ft08.193.279016. Contract PurposeThe purpose of this contract is to fund a study for the consolidation ofMcCormick Woods's water system (PWSID 40529) withPort Orchard,DOH and CONTRACTOR acknowledge and accept the terms of this Contract and have executed this Contract on the date below tostart as of the date and year referenced above. The rights and obligations of the parties are governed by the Contract Special Termsand Conditions, General Terms and Conditions, Attachment "A" — Scope of Work, and Attachment "B" — Budget,FOR CONTRACTORv\v^^<j.x <\^\(<a^\i^\^.\-\\\Mr\Date Signed:FOR DOH...--ri-^[T.J.^..6^.Department of Health Contracting Officer Signature ,lff 12-1 "^ ~L.C>DatJ Signed:Frank WebleyContract SpeeialisfIECAPPROVED AS TO FORM ONLYBY ASSISTANT ATTORNEY GENERALAPPROVAL ON FILEContract # GVL24702Page 1 of 12
TABLE OF CONTENTS29. Savings.................................................................................................... 830. Severability.............................................................................................. 831. Subcontracting......................................................................................... 832. Survival.................................................................................................... 833. Taxes....................................................................................................... 834. Termination for Cause ............................................................................. 835. Termination Procedures...........................................................................936. Waiver..................................................................................................... 9Attachment A, Scope of WorkAttachment B, BudgetJAN 02
SPECIAL TERMS AND CONDITIONSCAPITALSTATE FUNDS1. CONTRACT MANAGEMENT AND COIVHVIUNICATIONSCommunication regarding Contract performance is delegated by each party to its ContractRepresentative. Either party may change its Representative by giving prior express notice to theother party. Either party may identify on an as-needed basis an alternate Representative to serveduring the stated temporary absence of its primary Representative.Notices between the parties regarding Contract performance must be by written connmunicationbetween the Representatives. Written communication includes email but not voice mail. Notices arepresumed received by the other party's Representative upon evidence of delivery between the hoursof 8:00 am to 5:00 pm except for state holidays and weekends.2. COIVIPENSATIONDOH shall pay an amount not to exceed $30,000 for the performance of all things necessary for orincidental to the performance of work as set forth in the Scope of Work and Budget. CONTRACTOR'Scompensation for services rendered shall be based on the following rates or in accordance with thefollowing terms:3. EXPENSESCONTRACTOR may receive reimbursement for travel and other expenses if provided for under theScope of Work or Budget. Any expense reimbursements are inciuded in the Contract not to exceedamount.Such expenses may include airfare (economy or coach class only), other transportation expenses,and lodging and subsistence necessary during periods of required travel. Compensation for travelexpenses will be made at current state travel reimbursement rates.4. BILLING PROCEDURES AND PAYMENTDOH will pay CONTRACTOR upon acceptance of properiy completed invoice voucher (Form A-19)submitted to the DOH Representative. Invoices may not be submitted more frequently than monthly.The invoices must describe and document, to DOH's satisfaction, a description of the workperformed, and the progress of the project under the Scope of Work. Each invoice must include theContract Number GVL24702. If expenses are invoiced, CONTRACTOR must provide a detailedbreakdown of each type. A receipt must accompany any single expense in the amount of $50.00 ormore to qualify for reimbursement.Payments are timely if made by DOH within thirty (30) calendar days after receipt of properlycompleted invoices. Payment will be sent to the address designated by the CONTRACTOR if otherthan to the CONTRACTOR Representative.No payments in advance or in anticipation of performance to be provided under the Scope of Workwili be made by DOH.Duplication of Billed CostsThe CONTRACTOR may not bill DOH for services performed under this Agreement, and DOH shallnot pay the CONTRACTOR, if the CONTRACTOR is entitled to payment or has been or will be paidby any other source, including grants, for that service.Disallowed CostsThe CONTRACTOR is responsible for any audit exceptions or disallowed costs incurred by its ownorganization or that of its SUBCONTRACTORS.DOH will withhold ten percent (10%) of grant funds until DOH confirms that RECIPIENT hassuccessfully completed all steps for PROJECT COMPLETION. The 10% holciback will be available toRECIPIENT as part of the last grant disbursement.Contract # GVL24702-0 Page 2 of 12
SPECIAL TERMS AND CONDITIONSCAPITALSTATE FUNDS5. SUBCONTRACTOR DATA COLLECTIONCONTRACTOR will submit reports, in a form and format to be provided by DON and at intervals asagreed by the parties, regarding work under this Grant performed by SUBCONTRACTORS and theportion of Grant funds expended for work performed by SUBCONTRACTORS, including but notnecessarily limited to minority-owned, woman-owned, and veteran-owned businessSUBCONTRACTORS. "SUBCONTRACTORS" shall mean SUBCONTRACTORS of any tier.6. HISTORICAL OR CULTURAL ARTIFACTSCertain capital construction projects may be subject to the requirements of Washington StateExecutive Order 05-05 "Archaeological and Cultural Resources." CONTRACTOR will cooperate withDOH as may be required, to fulfil! the requirements of EO-05-05. In the event that historical or culturalartifacts are discovered at the Project site during construction or rehabilitation, the CONTRACTOR orSUBCONTRACTOR shall immediately stop work and notify the local historical preservation officerand the state historic preservation officer at the Department of Archaeology and Historic Preservationat (360) 586-3065. If human remains are discovered, the CONTRACTOR shall immediately stopwork and report the presence and location of the remains to the coroner and local enforcement, thencontact DAMP and any concerned tribe's cultural staff or committee.7. INSURANCEThe CONTRACTOR shall maintain coverage for the duration of the project and shall provide proof ofcoverage and scope of coverage upon request from DOH. Coverage must include comprehensivetiabiiity, personal injury, errors and omissions, and contractual liability.8. ORDER OF PRECEDENCEIn the event of an inconsistency in this Contract, the inconsistency shall be resolved by givingprecedence in the following order: The order of precedence for terms and conditions under categoriesB through E is subject to the proviso that when a Contract term or condition appears in more than oneContract section, the more specific Contract term or condition shall control if the different provisionscannot be harmonized.A. Applicable federal and state of Washington statutes and regulationsB. Special Terms and ConditionsC. General Terms and ConditionsD. Attachment A - Scope of WorkE. Attachment B - BudgetContract # GVL24702-0 Page 3 of 12
GENERAL TERMS AND CONDITIONSCAPITALSTATE FUNDS1. DEFINITIONSAs used throughout this Contract, the following terms shall have the meaning set forth below:A. "DOH Representative" shall mean the identified designee authorized to act on behaff of DOH in themanagement of the Contract.B. "DOH" shall mean the Washington State Department of Health.C. "Contract" or "Agreement" means the entire written agreement between DOH and theCONTRACTOR, including Attachments, documents, or materials incorporated by reference. E-mail or Facsimile transmission of a signed copy of this contract shall be the same as delivery ofan original.D. "CONTRACTOR" shall mean the entity identified on the face sheet performing service(s) underthis Contract, and shall include all employees and agents of the CONTRACTOR.E. "CONTRACTOR Representative" shall mean the identified designee authorized to act on behalfof CONTRACTOR in the management of the Contract.F. "Persona! Information" shall mean information identifiable to any person, including, but not limitedto, information that relates to a person's name, DOH, finances, education, business, use orreceipt of governmental services or other activities, addresses, telephone numbers, socialsecurity numbers, driver license numbers, other identifying numbers, and any financial identifiers.G. "State" shall mean the state of Washington.H. "SUBCONTRACTOR" shall mean one not in the employment of the CONTRACTOR, who isperforming all or part of those services under this Contract under a separate contract with theCONTRACTOR. The terms "SUBCONTRACTOR" and "SUBCONTRACTORS" meanSUBCONTRACTOR(S) in any tier.2. ALLOWABLE COSTSCosts allowable under this Contract are actual expenditures according to the Contract Budget up to themaximum amount stated on the Contract Face Sheet. Staff time reimbursement direct labor cost limitedto 3.0% of contract amount.3. ALL WRITINGS CONTAINED HEREINThis Contract contains all the terms and conditions agreed upon by the parties. No otherunderstandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed toexist or to bind any of the parties hereto.4. AMENDMENTSThis Contract may be amended by mutual agreement of the parties. Such amendments shall not bebinding unless they are in writing and signed by personnel authorized to bind each of the parties.5. AMERICANS WITH DISABILITIES ACT fADAl OF 1990. PUBLIC LAW 101-336. also referred toas the "ADA" 28 CFR Part 35The CONTRACTOR must comply with the ADA, which provides comprehensive civil rights protectionto individuafs with disabilities in the areas of employment, public accommodations, state and localgovernment services, and telecommunications.6. ASSIGNMENTNeither this Contract, nor any claim affecting the Contract terms and conditions may be transferred orassigned by the CONTRACTOR without prior written consent of DOH.7. ATTORNEYS'FEESUnless expressly permitted by statute or under another provision of the Contract, In the event offitigation or other action brought to enforce Contract terms, each party agrees to bear its ownattorney's fees and costs.Contract # GVL24702 Page 4 of 12
GENERAL TERMS AND CONDITIONSCAPITALSTATE FUNDS8. CODE REQUIREMENTSAll construction and rehabilitation projects must satisfy the requirements of applicable local, state, andfederal building, mechanical, plumbing, fire, energy and barrier-free codes. Compliance with theAmericans with Disabilities Act of 1990 28 C.F.R. Part 35 will be required, as specified by the localbuilding Department.9. CONFORMANCEif any provision of this contract violates any statute or rule of law of the state of Washington, it isconsidered modified to conform to that statute or rule of law.10. CONFLICT OF INTERESTNotwithstanding any determination by the Executive Ethics Board or other tribunal, DOH may, in itssole discretion, by written notice to the CONTRACTOR, terminate this Contract if it is found after duenotice and examination by DOH that there is a vioiation of the Ethics in Public Service Act, Chapters42.52 ROW, 42.23 ROW; or any similar statute involving the CONTRACTOR in the procurement of,or performance under this contract.11. DISALLOWED COSTSThe CONTRACTOR is responsible for any audit exceptions or disallowed costs incurred by its ownorganization or that of its SUBCONTRACTORS.12. DISPUTESExcept as otherwise provided in this Contract, when a dispute arises between the parties and itcannot be resolved by direct negotiation, either party may request a dispute hearing with the DONDirector of the Office of Drinking Water (Director), who may designate a neutral person to decide thedispute. The parties will be equalty responsible for any reasonable costs incurred by the neutral.The request for a dispute hearing must:• be in writing;• state the disputed issues;• state the relative positions of the parties;• state the requesting party's name, address, and Contract number; and• be mailed to the other party's (respondent's) Representative within three (3) working daysafter the parties agree that they cannot resolve the dispute.The respondent shall send a written answer to the requester's statement to both the Director or theDirector's designee and the requester within five (5) working days.The Director or designee shall review the written statements and reply in writing to both parties withinten (10) working days. The Director or designee may extend this period if necessary by notifying theparties.The decision shall not be admissibie in any succeeding judicial or quasi-judicial proceeding.The parties agree that this dispute process shall precede any action in a judicial or quasi-judicialtribunal.Nothing in this Contract is intended to limit the parties' choice of a mutually acceptable alternatedispute resolution (ADR) method as an alternative to or in addition to the dispute hearing procedureoutlined above.13. DUPLICATE PAYMENTThe CONTRACTOR certifies that work to be performed under this Contract does not duplicate anywork to be charged against any other contract, subcontract, or other source.Contract # GVL24702 Page 5 of 12
GENERAL TERMS AND CONDITIONSCAPITALSTATE FUNDS14. GOVERNING LAW AND VENUEThis Contract shall be construed and interpreted in accordance with the laws of the state ofWashington, and the venue of any action brought hereunder shaif be in the Superior Court forThurston County.15. INDEMNIFICATIONCONTRACTOR agrees to defend, indemnify, and hold harmless DOH and the state of Washingtonfor claims arising out of or incident to CONTRACTOR'S or CONTRACTOR'S SUBCONTRACTOR'Sacts or emissions in the performance of the Contract. CONTRACTOR'S obligation to defend,indemnify, and hold harmless DOH and the state of Washington shall not be eliminated or reduced byany actual or alleged concurrent negligence of the state of Washington and DOH, including theiragents, agencies, employees and officials. CONTRACTOR'S obligation to defend, indemnify, andhold harmless DOH and the state of Washington includes any claim by CONTRACTOR'S agents,employees, officers, SUBCONTRACTORS, or SUBCONTRACTORS' employees.The CONTRACTOR waives its immunity under Title 51 RCW to the extent it is required to defend,indemnify, and hold harmless the state and its agencies, officers, agents or employees.16. INDEPENDENT CAPACITY OF THE CONTRACTORThe parties intend that an independent CONTRACTOR relationship will be created by this Contract.The CONTRACTOR and its employees, agents, or SUBCONTRACTORS performing under thisContract are not employees or agents of the state of Washington or DOH. The CONTRACTOR maynot hold itself out as or claim to be an officer or employee of DOH or of the state of Washington byreason hereof, nor may the CONTRACTOR make any claim of right, privilege or benefit which wouldaccrue to such officer or employee under law. Conduct and control of the work will be solely with theCONTRACTOR.17. INDUSTRIAL INSURANCE COVERAGEThe CONTRACTOR must 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 orpenalties on behalf of its employees as may be required by law, DON may collect from theCONTRACTOR the full amount payable to the Industrial Insurance Accident Fund. DON may deductthe amount owed by the CONTRACTOR to the accident fund from the amount payable to theCONTRACTOR by DOH under this Contract, and transmit the deducted amount to the Department ofLabor and Industries, (L&l) Division of Insurance Services. This provision does not waive any of L&l'srights to coliect from the CONTRACTOR.18. LAWSThe CONTRACTOR shall comply with al! applicable laws, ordinances, codes, regulations and policiesof locai, state, and federal governments, as now or hereafter amended. Ail construction projects mustbe bid and awarded per RCW 39.04.19. LICENSING, ACCREDITATION AND REGISTRATIONThe CONTRACTOR shall comply with all applicable local, state, and federal licensing, accreditationand registration requirements or standards necessary for the performance of this Contract.20. LIMITATION OF AUTHORITYOnly a party's Representative or the Representative's designee (designation to be made in writingprior to action) shail have the express, implied, or apparent authority to communicate with the otherparty regarding performance of the Contract. Changes to the Contract must be done by writtenamendment.21. NONCOMPLIANCE WITH NONDISCRIMINATION LAWSDuring the performance of this Contract, the CONTRACTOR shall comply with all federal, state, andlocal nondiscrimination laws, reguiations and policies. In the event of the CONTRACTOR'S non-compliance or refusal to comply with any nondiscrimination law, regulation or policy, this contract mayContract # GVL24702 Page 6 of 12
GENERAL TERMS AND CONDITIONSCAPITALSTATE FUNDSbe rescinded, canceled or terminated in whole or in part, and the CONTRACTOR may be declaredineligible for further contracts with DOH. The CONTFiACTOR shall, however, be given a reasonabletime in which to cure this noncompliance. Any dispute may be resolved in accordance with the"Disputes" procedure set forth herein.22. PREVAILING WAGE LAWThe CONTRACTOR certifies that all CONTRACTORS and SUBCONTRACTORS performing work onthe Project shail comply with state Prevailing Wages on Public Works, Chapter 39.12 RCW, asapplicable 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 byRCW 39.12.040. The CONTRACTOR shall maintain records sufficient to evidence compliance withChapter 39.12 RCW, and shall make such records available for DOH's review upon request.23. PROHIBITION AGAINST PAYMENT OF BONUS OR COIVIMISSIONThe funds provided under this Contract shall not be used in payment of any bonus or commission forthe purpose of obtaining approval of the application for such funds or any other approval orconcurrence under this Contract provided, however, that reasonable fees or bona fide technicalconsultant, managerial, or other such services, other than actual solicitation, are not prohibited ifotherwise eligible as project costs.24. PUBLICITYThe CONTRACTOR agrees not to publish or use any advertising or publicity materials In which thestate of Washington or DOH's name is mentioned, or language used from which the connection withthe state of Washington's or DOH's name may reasonably be inferred or implied, without the priorwritten consent of DON.25. RECAPTUREIn the event that the CONTRACTOR fails to perform this contract in accordance with state laws,federal !aws, and/or the provisions of this contract, DOH reserves the right to recapture funds in anamount to compensate DON for the noncompliance in addition to any other remedies available at lawor in equity.Repayment by the CONTRACTOR of funds under this recapture provision shall occur within the timeperiod specified by DOH. In the alternative, DOH may recapture such funds from payments dueunder this Contract.26. RECORDS MAINTENANCEThe CONTRACTOR must maintain books, records, documents, data and other evidence relating tothis contract and performance of the services described herein, including but not limited to accountingprocedures and practices that sufficiently and properly reflect all direct and indirect costs of anynature expended In the performance of this Contract.CONTRACTOR will retain such records for a period of six (6) years following the date of finalpayment.If any litigation, ciaim or audit is started before the expiration of the six (6) year period, the recordsshall be retained unti! all litigation, claims, or audit findings involving the records have been resolved.27. REGISTRATION WITH DEPARTMENT OF REVENUEIf required by law, the CONTRACTOR will complete registration with the Washington StateDepartment of Revenue.28. RIGHT OF INSPECTIONAt no additional cost, all records works relating to the CONTRACTOR'S performance under thisContract shall be subject at all reasonable times to inspection, review, and audit by DOH, the Officeof the State Auditor, and federal and state officials so authorized by law, in order to monitor andevaluate performance, compliance, and quality assurance under this Contract. The CONTRACTORshall provide access to its facilities for this purpose.Contract # GVL24702 Page 7 of 12
GENERAL TERMS AND CONDITIONSCAPITALSTATE FUNDS29. SAVINGSIn the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any wayafter the effective date of this Contract and prior to normal completion, DOH may suspend orterminate the Contract under the "Termination for Convenience" clause, without the ten (10) businessday notice requirement, in lieu of termination, the Contract may be amended to reflect the newfunding limitations and conditions.30. SEVERABILITYThe provisions of this contract are intended to be severabie. if any term or provision is illegal orinvalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of theremainder of the contract.31. SUBCONTRACTINGThe CONTRACTOR shali maintain written procedures related to subcontracting, as well as copies ofall subcontracts and records related to subcontracts. For cause. DOH in writing may: (a) require theCONTRACTOR to amend its subcontracting procedures as they relate to this Contract; (b) prohibitthe CONTRACTOR from subcontracting with a particular person or entity; or (c) require theCONTRACTOR to rescind or amend a subcontract.Every subcontract shaf! bind the SUBCONTRACTOR to follow al! applicable terms of this Contract.The CONTRACTOR is responsible to DOH if the SUBCONTRACTOR fails to comply with anyapplicable term or condition of this Contract. The CONTRACTOR shall appropriately monitor theactivities of the SUBCONTRACTOR to assure conformity with the Scope of Work and Budget. In noevent shall the existence of a subcontract operate to release or reduce the liability of theCONTRACTOR to DOH for any breach in the performance of the CONTRACTOR'S duties.Every subcontract entered into by CONTRACTOR must include a term that the state of Washingtonand DOH are not liable for claims or damages arising from CONTRACTOR'S orSUBCONTRACTOR'S performance or omissions.32. SURVIVALThe terms, conditions, and warranties contained in this Contract that by their sense and context areintended to survive the completion of the performance, cancellation or termination of this Contractshall so survive.33. TAXESAil payments accrued on account of payroll taxes, unemployment contributions, the CONTRACTOR'Sincome or gross receipts, any other taxes, insurance or expenses for the CONTRACTOR or its staffshal! be the sole responsibility of the CONTRACTOR.34. TERMINATION FOR CAUSEIn the event DOH determines the CONTRACTOR has failed to comply with any material term orcondition of this Contract in a timely manner, DOH may suspend or terminate this Contract. Beforesuspending or terminating the Contract, DOH shall notify the CONTRACTOR in writing of the need totake corrective action. If corrective action is not taken within the time period stated in the DOH notice,which shall be no less than twenty (20) calendar days in the absence of good cause for a lesserperiod, the Contract may be terminated or suspended.DOH reserves the right to suspend all or part of the contract, withhold further payments, or prohibitthe CONTRACTOR from incurring additional obligations of funds during investigation of the allegedcompliance breach and pending corrective action by the CONTRACTOR or a decision by DOH toterminate the contract.35. TERMINATION PROCEDURESThe rights and remedies of DON provided in this section shall not be exclusive and are in addition toany other rights and remedies provided by law or under this contract.Contract # GVL24702 Page 8 of 12
GENERAL TERMS AND CONDITIONSCAPITALSTATE FUNDSAfter receipt of a notice of termination, and except as otherwise directed by the DOH Representative,the CONTRACTOR shall:1. Stop work under the contract on the date, and to the extent specified, in the notice;2. Place no further orders or subcontracts for materials, services, or facilities except as may benecessary for completion of such portion of the work under the contract that is not terminated;3. Assign to DOH, in the manner, at the times, and to the extent directed by the DOH Representative,all of the rights, title, and interest of the CONTRACTOR under the orders and subcontracts soterminated, in which case DOH has the right, at its discretion, to settle or pay any or al! claimsarising out of the termination of such orders and subcontracts;4. Settle all outstanding liabilities and all claims arising out of such termination of orders andsubcontracts, with the approval or ratification of the DOH Representative to the extent the DONRepresentative may require, which approval or ratification shall be final for all the purposes of thisciause;5. Transfer title to DOH and deliver in the manner, at the times, and to the extent directed by the DOHRepresentative any property which, if the contract had been completed, would have been requiredto be furnished to DOH;6. Complete performance of such part of the work as shall not have been terminated by the DOHRepresentative; and7. TaRe such action as may be necessary, or as the DOH Representative may direct, for the protectionand preservation of the property related to this contract, which is in the possession of theCONTRACTOR and in which DOH has or may acquire an interest.36. WAIVERWaiver of any default or breach shall not be deemed to be a waiver of any subsequent default orbreach. Any waiver shall not be construed to be a modification of the terms of this Contract unlessstated to be such in writing and signed by Authorized Representative of DOH.Contract # GVL24702 Page 9 of 12
Attachment ASCOPE OF WORK2019 Consolidation Feasibility GrantProject Title: Port Orchard-McCormick Woods Consolidation Feasibility Study,2019-3712PURPOSE:The purpose of this grant is to fund a study for consolidation of McCormickWoods'swater system (PWS1D 40529) with Port Orchard.Backaroynd/GeneraUnformation:The City of Port Orchard purchased the McCormick Woods Water System in 1998 andhas been operating it as a satellite water system. Providing increased resiiiency as wellas redundancy to the McCormick Woods Water System is of utmost importance to theCity of Port Orchard.The central objectives of the project are to review the current situation and determinethe various opportunities to intertie the two systems. Once this has been accomplished,analyses of those opportunities and estimated costs associated with each shall beprovided to the City of Port Orchard. This intertie will give both water systems anincreased ability to withstand and recover from natural and man-made disturbances totheir functioning. This grant will fund a preliminary engineering report for Port Orchardto consider intertie options.Funding for this project will not be used for any construction or grounddisturbing activities.Contract Administratipn:The funding in this grant is to fund a study for consolidation of McCormick Woods'swater system (PWSID 40529) with Port Orchard.Contract # GVL24702 Page 10 of 12
Attachment AThe project's scope of work is comprised of the following activities:TASK/ACTIVITY:Task 1: PreliminaryEngineering Report. Tasksinclude assessing existinginfrastructure, intertieoptions, cost estimates, andfunding opportunities.PAYMENT:DELIVERABLES:Preliminary engineering report thatincludes assessment of existinginfrastructure, identification ofintertieoptions, cost estimate of intertie options,and funding opportunities for proposedimprovements. Report to be reviewedand approved by Southwest RegionaiOffice of Drinking Water staff.Submit quarterly reports to EioiseRudolph. The quarterly progress reportsshould document projectaccomplishments, existing and potentialproblem areas, suggestions forimprovements, and any desiredoutcomes achieved. Reports should bea few paragraphs long with sufficientdetail for DOH to understand the relativeprogress of the project since the lastreporting period. The last quarterlyreport serves as the final report andshould include summary informationabout the project.Quarterly reports are due the lastworking day of each quarter.ESTIMATED DUEDATE:March 31, 2021DOH will provide reimbursement to Port Orchard based on approval ofquarterly reports and required deliverables. Port Orchard will providean hourly accounting of time spent for each task in support of invoice.The contractor is responsible for tracking ail project expenditures asrelated to this contract, and for maintaining these records.DOH will withhold 10 percent of the total funding amount ($3,000) untilthe project is successfully completed and all deliverables are receivedand approved by DOH.Total Consideration for this contract not to exceed: $30,000.00Contract # GVL24702Page 11 of 12
Attachment BBudget Project Cost by Cost Category:COST CATEGORYEngineering Report (Preliminary Engineering)Environmental ReviewHistorical Review/Cultural ReviewLand/ROW AcquisitionPermitsPublic Involvement/lnformationFeasibility StudyDOH Review/Approva! Fees:Other: (Sales or Use Taxes)Construction Engineering/lnspectionTOTAL ESTIMATED PROJECT COSTSCURRENT ESTIMATES$20,000$10,000$30,000The project will be considered complete when all the activities identified in the above scope ofwork are complete.Project Performance Measures:• Preliminary engineering report with Southwest Regional Office of Drinking WaterapprovalProject End Date: All deliverabtes needs to be submitted by May 1. 2021 for review andapproval. Work performed after June 30, 2021 is not eligible for reimbursement.Contract # GVL24702Page 12 of 12