CITY OF SULTAN COUNCIL MEETING – COMMUNITY CENTER APRIL 22, 2021
REMOTE ATTENDANCE ONLY SEE PAGE 2 FOR INSTRUCTIONS ON HOW TO ATTEND VIA ZOOM IN PERSON LOCATION NOT ALLOWED - (PER GOVERNOR PROCLAMATION 20-28.14 DATED 12/8/2020 AND RUNNING CONCURRENT PER SCR8402 AS PROVIDED FOR IN RCW 43.06.220 UNTIL FURTHER NOTICE)
7:00 PM - CALL TO ORDER - Pledge of Allegiance and Roll Call
CHANGES/ADDITIONS TO THE AGENDA (Requires a motion)
COMMENTS FROM THE PUBLIC: Citizens are requested to keep comments to a 3 minute maximum to allow time for everyone to speak.
COUNCILMEMBER COMMENTS
MAYOR COMMENTS
CITY ADMINISTRATOR COMMENTS
STAFF REPORTS – Written Reports Submitted 1) Public Works 2) Planning 3) Police
CONSENT AGENDA: The following items are incorporated into the consent agenda and approved by a single motion of the Council. 1) Voucher & Payroll Approval 2) 3/18/2021 Council Special Meeting Minutes 3) 4/1/2021 Council Workshop Minutes 4) 4/8/2021 Council Meeting Minutes
ACTION ITEMS: 1)1 AB2 -34 Department of Commerce Grant Agreement – Generators 2) AB21-45 Generator Purchase (Startup/Index) – Power Systems West 3) AB21-46 Generator Purchase (Sultan) – Grainger 4) AB21-47 Contract Renewal – Transporation Solutions Inc. (TSI) 5) AB21-44 Task Order #1 with Transporation Solutions Inc. (TSI)
Adjournment - 10:00 PM or at the conclusion of Council business.
WRITTEN PUBLIC COMMENT SHOULD BE EMAILED TO THE CITY CLERK, TAMI PEVEY EMAIL: [email protected]
REMINDER TO STAFF AND VISITORS TO SPEAK INTO THE MICROPHONE
CM 4/22/2021 - Page 1 of 125 DIRECTIONS FOR ATTENDING THE COUNCIL MEETING AND INSTRUCTIONS ON PROVIDING REMOTE ORAL PUBLIC COMMENT:
1. At 7:00 p.m. (or shortly before or after) on Thursday, please join the meeting via computer or phone as shown below and enter the meeting ID to join the meeting. If using the website, the phone number given may be different, please follow prompts given:
• Via Computer: • https://us02web.zoom.us/j/89647468316 • Phone #: (253) 215-8782 • Meeting ID: 896-4746-8316 • After you enter the meeting ID, if it asks for a participant ID, just wait or press # and you will be added to the meeting.
Please note if you attend via computer, your computer may provide different options for connecting to audio to include different phone numbers. It is recommended to follow the zoom compute prompts to connect to the meeting
2. You will be muted upon entry to the meeting. When it is the portion of the meeting for Public Comment, your name will be called to speak, and the City Clerk will unmute you.
3. Please begin your comments by stating your name, city of residence, and any organization represented.
4. Please be advised that your comments are being recorded.
Each speaker is allotted 3 minutes and you will be notified when your time has expired.
ADA NOTICE: Accommodations for persons with disabilities will be provided upon request. Please make arrangements prior to the meeting by calling City Hall at 360-793-2231. For additional information please contact the City at [email protected] or visit our web site at www.ci.sultan.wa.us
CM 4/22/2021 - Page 2 of 125 SULTAN CITY COUNCIL
Staff Report No. 1
SUBJECT Public Works Monthly Report
DATE DEPARTMENT CONTACT PRESENTER ITEM
4/22/2021 Public Works Nate Morgan Nate Morgan Staff Report #1
Attachments: Attachment A Lake 16 vs. City of Everett Water Supply Attachment B Lake 16 Production for 2021 Attachment C Water Plant Production Attachment D Yearly Totals to Distribution System Attachment E 2021 Fire Hydrant Exercising Schedule Attachment F Everett Meter Readings for 2021 Attachment G Lake 16 Beaver Dam Control Attachment H Wastewater Treatment Plant Operational Report Attachment I Republic Services Report Attachment J Cemetery Report Attachment K Public Works Field Supervisor Report
SR-1 CM 4/22/2021 - Page 3 of 125 Page 1 of 27 LAKE 16 VS CITY OF EVERETT ATTACHMENT A
2018 2019 2020 2021
Lake 16 180,535,700 204,516,000 134,058,950 51,117,000
Everett 6,447,438 2,337,662 65,137,926 2,687,814
Total Gallons 186,983,138 206,853,662 199,198,896 53,804,814
% Everett 3% 1% 33% 5%
250,000,000
200,000,000
150,000,000 Everett
100,000,000 Lake 16
50,000,000
0 2018 2019 2020 2021
NOTE: ALL NUMBERS ARE IN GALLONS
SR-1 CM 4/22/2021 - Page 4 of 125 Page 2 of 27 LAKE 16 MONTHLY WATER PRODUCTION 2021 ATTACHMENT B
RUN TIME FILTER TO TOTAL TO CHLORINE FILTER COAGULANT CAUSTIC FLUORIDE SODA ASH MONTH FLOW FLUSHES BACKWASH HOURS WASTE TOWN POUNDS AID/POUNDS LBS LBS LBS LBS Jan-21 492.3 17,998,000 1,574,400 1,692,000 798,750 13,932,850 159.3 2.2 2,921 2,351 664.0 1946.0
Feb-21 421.2 16,751,000 1,344,000 1,452,000 686,250 13,268,750 135.0 1.8 2,434 1,945 769.0 2046.0
Mar-21 386.7 16,368,000 1,238,400 1,311,000 675,000 13,143,600 124.1 1.6 2,278 1,828 661.0 1863.0
Apr-21
May-21
Jun-21
Jul-21
Aug-21
Sep-21
Oct-21
Nov-21
Dec-21
TOTALS 1,300.2 51,117,000 4,156,800 4,455,000 2,160,000 40,345,200 418 6 7,633 6,124 2,094 5,855 AVERAGE 433.4 17039000.0 1385600.0 1485000.0 720000.0 13448400.0 139.5 1.9 2544.3 2041.3 698.0 1951.7
FLOW/FLUSHES/BACKWASH/FILTER TO WASTE/ TOTAL TO TOWN NUMBERS ARE ALL IN GALLONS
SR-1 CM 4/22/2021 - Page 5 of 125 Page 3 of 27 ATTACHMENT C CITY OF SULTAN Water Plant Production Past 6 years 2016 2017 2018 2019 2020 2021 JAN 13,753,000 14,927,000 13,739,250 13,972,100 12,082,050 13,932,850
FEB 12,102,000 14,222,000 10,425,950 12,597,850 7,434,350 13,268,750
MARCH 13,430,000 19,132,000 12,240,200 14,329,150 0 13,143,600
APRIL 12,951,000 14,570,000 11,855,650 12,337,600 10,610,900
MAY 8,542,000 17,324,000 13,683,000 15,540,200 15,102,750
JUNE 9,673,000 18,258,000 12,663,450 16,511,100 14,712,550
JUL 16,239,000 24,346,000 16,828,550 17,055,650 17,679,750
AUG 18,554,000 20,533,000 16,183,500 17,827,000 3,359,450
SEPT 14,405,000 18,552,000 13,288,150 14,022,450 0
OCT 11,982,000 12,830,500 12,396,900 12,929,000 7,964,950
NOV 14,468,000 10,250,000 12,093,152 12,209,400 14,798,600
DEC 14,502,250 14,502,500 11,563,550 14,929,950
AVG 13,281,727 16,620,563 13,325,021 14,241,254 9,889,608
TOTAL 146,099,000 199,446,750 159,900,252 170,895,050 118,675,300 40,345,200
SR-1 CM 4/22/2021 - Page 6 of 125 Page 4 of 27 YEARLY TOTALS FOR LAKE 16 PRODUCTION ATTACHMENT D
2018 2019 2020 2021 Jan 13,739,250 13,972,100 12,082,050 17,998,000 Feb 10,425,950 12,656,946 7,434,350 16,751,000 Mar 14,708,000 14,329,150 0 16,368,000 Apr 11,855,650 13,505,399 13,930,000 May 13,683,000 15,540,200 18,552,000 June 11,653,444 16,511,100 18,353,000 July 16,828,550 17,055,650 21,751,000 Aug 16,183,500 17,827,000 4,097,000 Sept 15,596,638 15,133,307 0 Oct 12,396,900 12,929,000 10,582,000 Nov 12,093,152 12,209,400 18,917,000 Dec 14,502,500 11,563,550 18,580,000
TOTAL 163,666,534 173,232,802 144278400 51117000
AVG 13,638,878 14,436,067 12023200 17039000
ALL NUMBERS ARE IN GALLONS
25,000,000
20,000,000
2018 15,000,000 2019 2020 10,000,000 2021
5,000,000
0 Jan Feb Mar Apr May June July Aug Sept Oct Nov Dec
SR-1 CM 4/22/2021 - Page 7 of 125 Page 5 of 27 Attachment E 2021 FIRE HYDRANT EXERCISING SCHEDULE
Actual # Remaining of FH's Program FH's at Month-Year Exercised Goal Month End Jan-21 0 0 0 Feb-21 0 0 Mar-21 0 0 Apr-21 0 0 May-21 0 0 Jun-21 0 0 Jul-21 0 0 Aug-21 0 0 Sep-21 0 0 Oct-21 0 0 Nov-21 0 0 Dec-21 0 0 TOTAL 0 0
SR-1 CM 4/22/2021 - Page 8 of 125 Page 6 of 27 Attachment F EVERETT METER READINGS 2021
PREVIOUS CURRENT TOTAL TOTAL AVERAGE DATE READING READING CUBIC FEET GALLONS PER DAY 1/6/2021 9,353,333 9,469,813 116,480 871,270 14,052 2/1/2021 9,469,813 9,550,560 80,747 604,030 2,692 3/1/2021 9,550,560 9,550,560 0 0 0 4/1/2021 9,550,560 9,829,874 279,314 2,089,414 9,310 5/1/2021 0 0 6/1/2021 0 0 7/1/2021 0 0 8/1/2021 0 0 9/1/2021 0 0 10/1/2021 0 0 11/1/2021 0 0 12/1/2021 0 0
TOTALS 476,541 3,564,714 2,171
SR-1 CM 4/22/2021 - Page 9 of 125 Page 7 of 27 LAKE 16 BEAVER DAM CONTROL ATTACHMENT G 2021 MONTH JANUARY 11/10/2020, beavers had moved in and large dams present, 12/2/2020 beavers still present and still a lot of beaver 1/6/21 activity today.
FEBRUARY 2/11/2021 beavers still there
MARCH 03/15/2021 still there
APRIL 4/14/2021 still around
MAY
JUNE
JLUY
AUGUST
SEPTEMBER
OCTOBER
NOVEMBER
DECEMBER
SR-1 CM 4/22/2021 - Page 10 of 125 Page 8 of 27 ATTACHMENT H CITY OF SULTAN Wastewater Treatment Plant Operational Report 2020 - 2021 Total Effluent PH Biological Oxygen Demand Avg Suspended Solids Sludge Hauled Influent Flow Rainfall (Range allowed (Range allowed 85% (Range allowed 85% Wasted (Max High allowed 0.72 MGD) 6.0 - 9.0) to 100%) to 100%) MONTH Total (MG) Avg (MGD) High (MGD) Low (MGD) Inches PH Low PH High Avg % Reduction Avg % Reduction Gallons Wet Tons Jan-20 14,778 0.477 0.713 0.325 15.56 6.4 6.8 97.3 96.2 75,827 49.31 Feb-20 18,157 0.626 2.300 0.215 14.17 6.4 6.9 95.5 95.2 65,653 40.00 Mar-20 8,413 0.271 0.400 0.200 7.06 6.5 7.0 98.3 98.2 58,110 43.90 Apr-20 7,783 0.248 0.353 0.194 3.51 6.6 7.0 98.5 99.1 102,750 38.00 May-20 8,702 0.281 0.384 0.224 4.75 6.7 7.0 98.8 99.0 92,816 48.07 Jun-20 9,035 0.301 0.427 0.190 4.21 7.1 6.6 99.0 99.1 92,007 35.94 Jul-20 6,654 0.215 0.249 0.186 0.12 7.0 6.8 99.0 99.1 106,471 44.83 Aug-20 6,042 0.195 0.231 0.161 0.83 6.9 6.6 99.2 98.7 121,478 36.26 Sep-20 6,400 0.213 0.374 0.157 3.90 6.2 6.8 99.2 98.8 109,996 51.5 Oct-20 9,496 0.306 0.528 0.181 7.33 6.3 7.0 98.8 98.5 71,522 41.69 Nov-20 12,319 0.411 0.627 0.260 8.74 6.3 7.0 98.7 99.0 80,913 27.66 Dec-20 13,421 0.433 0.981 0.283 8.88 6.2 6.7 98.1 99.6 101,205 39.73 Jan-21 17,240 0.556 0.92 0.317 5.38 6.1 6.9 96.7 93.5 49,473 40.26 Feb-21 11,975 0.428 0.601 0.331 8.49 6.2 7.1 97.6 94.4 32,794 19.14 Mar-21 10,584 0.341 0.406 0.28 16.8 6.3. 6.9 97.8 97.2 54,165 9.84
SR-1 CM 4/22/2021 - Page 11 of 125 Page 9 of 27 ATTACHMENT I
February 2021 Residential Service Breakdown 2,000 Total Garbage Customers Total Recycle 1,621 1,621 Customers Total Yardwaste Customers
1,000
422
-
2021 Residential Service Breakdown Garbage Customers 2,000 Recycle Customers 1,636 1,636 1,636 1,636 1,621 1,621 1,621 1,621 Yardwaste Customers
1,000 427 422 ------
SR-1 CM 4/22/2021 - Page 12 of 125 Page 10 of 27 ATTACHMENT I
February 2021 Commercial Service Breakdown Total Garbage 100 Customers 90 Total Recycle 90 Customers
80 Total Yardwaste Customers 70
60
50
40 37
30
20
10 4
-
2021 Commercial Service Breakdown
120 Garbage Customers Recycle Customers Yardwaste Customers
100 96 90
80
60 38 40 37
20 5 4 ------
SR-1 CM 4/22/2021 - Page 13 of 125 Page 11 of 27 ATTACHMENT I
February 2021 Multi Family Service Breakdown Garbage Customers 30 Recycle Customers
25 24 Yardwaste 22 Customers
20
15
10
5 4
-
2021 Multi Family Service Breakdown Garbage Customers 30 Recycle Customers 25
25 24 Yardwaste 22 22 Customers
20
15
10
5 4 2 ------
SR-1 CM 4/22/2021 - Page 14 of 125 Page 12 of 27 ATTACHMENT I
City of Sultan Residential Waste Stream Information
February 2021 February 2021 Residential Tonnage Residential Diversion Rate
120.00 106.50 100.00
80.00 36.28% Garbage Tonnage 60.00 49.21 Recycle Tonnage Garbage 40.00 63.72% Recycle/Yardwaste Yardwaste Tonnage 20.00 11.44
- Garbage Recycle Yardwaste Tonnage Tonnage Tonnage
YTD 2021 YTD 20212014 Residential Tonnage Residential Diversion Rate
250.00 224.14
200.00 Garbage Tonnage 35.38% 150.00 94.54 Garbage 1 100.00 Recycle Tonnage 2 64.62% Recycle/Yardwaste 50.00 28.20 Yardwaste Tonnage - Garbage Recycle Yardwaste Tonnage Tonnage Tonnage
SR-1 CM 4/22/2021 - Page 15 of 125 Page 13 of 27 ATTACHMENT I
City of Sultan Commercial Waste Stream Information
February 2021 February 2021 Commercial Tonnage Commercial Diversion Rate 50.00 45.91 45.00 9.27% 40.00 35.00 30.00 Garbage Tonnage 25.00 Garbage 20.00 Recycle Tonnage Recycle/Yardwaste 15.00 Yardwaste Tonnage 10.00 4.55 5.00 0.14 90.73% - Garbage Recycle Yardwaste Tonnage Tonnage Tonnage
YTD 2021 YTD 2021 Commercial Tonnage Commercial Diversion Rate
100.00 90.51 7.92% 90.00 80.00 70.00 60.00 Garbage Tonnage 50.00 Garbage Recycle Tonnage 40.00 92.08% 30.00 Recycle/Yardwaste Yardwaste Tonnage 20.00 7.38 0.40 10.00 - Garbage Recycle Yardwaste Tonnage Tonnage Tonnage
SR-1 CM 4/22/2021 - Page 16 of 125 Page 14 of 27 ATTACHMENT I
City of Sultan Multi Family Waste Stream Information
February 2021 February 2021 Multi Family Tonnage Multi Family Diversion Rate 12.00 9.65 11.55% 10.00
8.00 Garbage Tonnage 6.00 Garbage Recycle Tonnage 4.00 Recycle/Yardwaste Yardwaste Tonnage 2.00 1.12 0.14 - 88.45% Garbage Recycle Yardwaste Tonnage Tonnage Tonnage
YTD 2021 YTD 2021 Multi Family Tonnage Multi Family Diversion Rate 25.00 10.56% 19.49 20.00
15.00 Garbage Tonnage Garbage Recycle Tonnage 10.00 89.44% Recycle/Yardwaste Yardwaste Tonnage 5.00 2.07 0.23 - Garbage Recycle Yardwaste Tonnage Tonnage Tonnage
SR-1 CM 4/22/2021 - Page 17 of 125 Page 15 of 27 ATTACHMENT I
City of Sultan Single Family Residential Customer Information
Jan-21 Feb-21 Mar-21 Apr-21 May-21 Jun-21 Jul-21 Aug-21 Sep-21 Oct-21 Nov-21 Dec-21 Garbage 1 Can - - 2 Can - - 3 Can - - 4 Can - - 5 Can - - 20 gallon 15 17 32 gallon 1,364 1,350 64 gallon 257 254 96 gallon - - Every Other Week - - Once Per Month - - Total Garbage Customers 1,636 1,621 ------
Total Recycle Customers 1,636 1,621 ------Total Yardwaste Customers 427 422
Number of potential set-outs
Garbage Customers 7,084 7,019 ------Recycle Customers 7,084 7,019 ------Yardwaste Customers 1,849 1,827 ------
SR-1 CM 4/22/2021 - Page 18 of 125 Page 16 of 27 ATTACHMENT I
City of Sultan Commercial Customer Information
Jan-21 Feb-21 Mar-21 Apr-21 May-21 Jun-21 Jul-21 Aug-21 Sep-21 Oct-21 Nov-21 Dec-21 Garbage 10 gallon can - - 32 gallon toter 1 2 64 gallon toter 19 15 96 gallon toter 1 1 1 Yard 22 22 2 Yard 18 17 3 Yard 24 24 4 Yard 4 5 6 Yard 4 2 8 Yard - 1 10 Yard - - 20 Yard 1 1 25 Yard - - 30 Yard 1 - 40 Yard 1 - Total Garbage Customers 96 90 ------
Recycle 10 gallon can - - 32 gallon toter - - 64 gallon toter 11 10 96 gallon toter 8 9 1 Yard 6 5 2 Yard 7 7 3 Yard 1 1 4 Yard 3 3 6 Yard - - 8 Yard - - 10 Yard - - 20 Yard 1 1 25 Yard 1 1 30 Yard - - 40 Yard - - Total Recycle Customers 38 37 ------
Yardwaste 10 gallon can - - 32 gallon toter - - 64 gallon toter - - 96 gallon toter 5 4 1 Yard - - 2 Yard - - 3 Yard - - 4 Yard - - 6 Yard - - 8 Yard - - 10 Yard - - 20 Yard - - 25 Yard - - 30 Yard - - 40 Yard - - Total Yardwaste Customers 5 4 ------
SR-1 CM 4/22/2021 - Page 19 of 125 Page 17 of 27 ATTACHMENT I
City of Sultan Multi Family Customer Information
Jan-21 Feb-21 Mar-21 Apr-21 May-21 Jun-21 Jul-21 Aug-21 Sep-21 Oct-21 Nov-21 Dec-21 Garbage 32 gallon toter 1 4 64 gallon toter 9 4 96 gallon toter - - 1 Yard 3 3 2 Yard 6 7 3 Yard 5 5 4 Yard 1 1 Total Garbage Customers 25 24 ------
Recycle 32 gallon toter - - 64 gallon toter 12 12 96 gallon toter 9 9 1 Yard - - 2 Yard - - 3 Yard 1 1 4 Yard - - Total Recycle Customers 22 22 ------
Yardwaste 32 gallon toter - - 64 gallon toter - - 96 gallon toter 2 4 1 Yard - - 2 Yard - - 3 Yard - - 4 Yard - - Total Yardwaste Customers 2 4 ------
SR-1 CM 4/22/2021 - Page 20 of 125 Page 18 of 27 ATTACHMENT I
City of Sultan Tonnage Information
Jan-21 Feb-21 Mar-21 Apr-21 May-21 Jun-21 Jul-21 Aug-21 Sep-21 Oct-21 Nov-21 Dec-21 Total Residential Tonnage Garbage Tonnage 117.64 106.50 224.14 Recycle Tonnage 45.33 49.21 94.54 Yardwaste Tonnage 16.76 11.44 28.20 Total Residential Tonnage 179.73 167.15 ------346.88
Commercial Tonnage Garbage Tonnage 44.60 45.91 90.51 Recycle Tonnage 2.83 4.55 7.38 Yardwaste Tonnage 0.26 0.14 0.40 Total Commercial Tonnage 47.69 50.60 ------98.29
Multi Family Tonnage Garbage Tonnage 9.84 9.65 19.49 Recycle Tonnage 0.95 1.12 2.07 Yardwaste Tonnage 0.09 0.14 0.23 Total Multi Family Tonnage 10.88 10.91 ------21.79
Total Residential/Comm/MF Tonnage 238.30 228.66 ------466.96
Rolloff Tonnage Rolloff Garbage Tonnage 3.54 6.32 9.86 Rolloff Multi Family Garbage Tonnage - - - Total Rolloff Tonnage 3.54 6.32 ------9.86
Other Roll Off Tonnage Recycle Tonnage 4.42 - 4.42 Organics Tonnage - - - Total Other Rolloff Tonnage 4.42 ------4.42
Grand Total Rolloff Tonnage 7.96 6.32 ------14.28
Grand Total Tonnage 246.26 234.98 ------481.24
Diversion Rates Residential Garbage 65.45% 63.72% 64.62% Recycle/Yardwaste 34.55% 36.28% 35.38%
Commercial Diversion Rate Garbage 93.52% 90.73% 92.08% Recycle/Yardwaste 6.48% 9.27% 7.92%
Multi Family Diversion Rate Garbage 90.44% 88.45% 89.44% Recycle/Yardwaste 9.56% 11.55% 10.56%
SR-1 CM 4/22/2021 - Page 21 of 125 Page 19 of 27 ATTACHMENT I
City of Sultan Tonnage Information February 2021
RECYCLE Sector Commodity Pounds Tons Percent Residential Residential CARDBOARD 24,142.43 12.07 24.53% Tons Collected: MIX 31,779.82 15.89 32.29% 49.21 PET 2,086.50 1.04 2.12% HDPE MIXED 413.36 0.21 0.42% MIXED PLASTICS 1,023.57 0.51 1.04% ALM 1,604.25 0.80 1.63% TIN 1,387.72 0.69 1.41% METAL 206.68 0.10 0.21% GLASS 12,204.08 6.10 12.40% SHRINKAGE - - 0.00% TRASH 23,571.59 11.79 23.95% Total Residential 98,420.00 49.21 100.00% *Recycling breakdown is the average load percentages hauled to the MRF *Recycling breakdown does not include rolloff RECYCLE Sector Commodity Pounds Tons Percent Commercial Commercial CARDBOARD 2,730.00 1.37 30.00% Tons Collected: MIX 2,142.14 1.07 23.54% 4.55 PET 31.85 0.02 0.35% HDPE MIXED - - 0.00% MIXED PLASTICS 75.53 0.04 0.83% ALM - - 0.00% TIN 84.63 0.04 0.93% METAL 78.26 0.04 0.86% GLASS 182.91 0.09 2.01% SHRINKAGE - - 0.00% TRASH 3,774.68 1.89 41.48% Total Commercial 9,100.00 4.55 100.00%
RECYCLE Sector Commodity Pounds Tons Percent Multi Family Multi Family CARDBOARD 549.47 0.27 24.53% Tons Collected: MIX 723.30 0.36 32.29% 1.12 PET 47.49 0.02 2.12% HDPE MIXED 9.41 0.00 0.42% MIXED PLASTICS 23.30 0.01 1.04% ALM 36.51 0.02 1.63% TIN 31.58 0.02 1.41% METAL 4.70 0.00 0.21% GLASS 277.76 0.14 12.40% SHRINKAGE - - 0.00% TRASH 536.48 0.27 23.95% Total Commercial 2,240.00 1.12 100.00%
SR-1 CM 4/22/2021 - Page 22 of 125 Page 20 of 27 ATTACHMENT I
City of Sultan
Customers Managing Accounts on MY RESOURCES: 693
Customer Emails: 10
SR-1 CM 4/22/2021 - Page 23 of 125 Page 21 of 27 ATTACHMENT I
City of Sultan Phone Performance February 2021 Total Call Volume 138 138 Calls Answered 134 134 Average Speed of Answer 0:00:42 0:00:34 Abandoned Calls 4 4 Abandonment Rate 2.90% 2.90% Average Time to Abandon 0:00:17 0:04:34 Number of call Escalated 1 1 Average Hold Time 0:05:33
SR-1 CM 4/22/2021 - Page 24 of 125 Page 22 of 27 ATTACHMENT I
City of Sultan Bulky Waste
Customer Customer Date Material Collected Facility Account Charges January No bulky waste February No bulky waste March April May June July August September October November December TOTAL $ -
SR-1 CM 4/22/2021 - Page 25 of 125 Page 23 of 27 ATTACHMENT I
City of Sultan Reportable Accidents/Infractions
Date Explanation Citation Issued Jan-21 no accidents None Feb-21 no accidents None Mar-21 Apr-21 May-21 Jun-21 Jul-21 Aug-21 Sep-21 Oct-21 Nov-21 Dec-21
SR-1 CM 4/22/2021 - Page 26 of 125 Page 24 of 27 CEMETERY REPORT Attachment J BURIALS
103 Cemetery Operating Fund 2021 2021 Description BUDGET ACTUAL Revenue Beginning Balance 30,000 45,473 Cemetery Fees 25,000 11,741 Investment Interest 100 0 Transfers In 15,700 0 Total Resources 70,800 57,214
Expenditures Total Expenditures 70,800 18,350 Ending Fund Balance 0 38,864
2021 YTD Burials 5
Through March 2021
SR-1 CM 4/22/2021 - Page 27 of 125 Page 25 of 27 Attachment K
CITY COUNCIL AGENDA ITEM COVER SHEET
DATE: April 13, 2021
SUBJECT: Public Works Project - Update
CONTACT PERSON: Ben MacDicken, Public Works Field Supervisor
WATER: • Locates and customer service. • Inspections • Meter installations. • Replaced water services prior to paving 1st Street. • Replaced failed water service on 3rd Street. • Cleaned out backwash pond for engineering.
WASTEWATER: • Bio Solids handling/loading out. • Sewer back up at 600 block of Walnut Street.
STREETS: • Ongoing pothole patrols. • Street sweeping. • Street sign maintenance.
STORMWATER: • Culvert cleaning Sultan Basin Road.
FACILITY MAINTENANCE: • Records room preparation and assisting administrative department.
SR-1 CM 4/22/2021 - Page 28 of 125 Page 26 of 27 Attachment K
MISCELLANEOUS: • Flags at half-mast on multiple occasions. • New employee orientation for Utility Worker I.
CEMETERY: • Cemetery sales and viewings. • Ash burial.
PARKS: • Routine maintenance/park checks. • Trail maintenance. • Debris clean up. • Ball field maintenance. • Assembled all park signs and prepared for installation. • Prepared mowers for growing season. • Fired up irrigation at Osprey and Reese, preparation work only, watering has not begun. • Cleaned up homless camps. • Meet with citizen about possibly placing a memorial bench in the Osprey trail system.
GARBAGE: • Need to surplus the remainder of the dumpsters.
FLEET: • Serviced International dump truck. • Installed new rubber curtains on sweeper head. • Decals on New F-350 flat bed.
SR-1 CM 4/22/2021 - Page 29 of 125 Page 27 of 27 SULTAN CITY COUNCIL
Staff Report No. 2
SUBJECT Planning Department Monthly Report
DATE: DEPT: CONTACT: PRESENTER: ITEM:
4/22/2021 Planning Andy Galuska Andy Galuska Staff Report #2 / Dates Presented: 4/22/2021
Attachments: A. Project Updates/Long Range Planning Updates
REQUESTED ACTION: None
DESCRIPTION/BACKGROUND The Department is providing two attachments. The first summarizes the land use permitting actions that are currently being processed by the Planning Department. The second gives an update on all ongoing long range and code development projects the department is currently reviewing. Both tables will be updated monthly. If you want more information or an update on any of the projects listed, please feel free to contact the Planning Director.
SR-2 Page 1 of 3 CM 4/22/2021 - Page 30 of 125 Attachment A: Project Updates
Residential Projects
Project Name Location Update Next Step Cobble Hills (128 Lots) 31129 124th St SE Under civil construction Applicant will complete the required improvement and call for inspections as required Daisy Meadow (70 East of Sultan Road Final Plat Recorded Houses under Lots) North of Bryant construction Rd/135th St SE Daisy Crossing (FKA Southeast of Sultan Final plat recorded Houses under Green’s Estates) (79 Basin and 132nd St construction Lots) Skyridge Estates (258 31419 124th St SE (East Final plat expected to Houses under Lots) of City’s Water Plant) be completed soon on construction, phase 2 completing phase 2 improvements Wyndham Highlands 1 13104 Sultan Basin RD Civil plans approved Applicant will hold a (146 Lots) pre-con meeting and then can begin construction Wyndham Highlands 2 31831 135th St SE Under civil construction Complete required (30 Lots) improvements and submit final plat Wyndham Highlands 3 1308 9th St Under civil construction Complete required (14 Lots) improvements and submit final plat Daisy Grove (33 lots) 13409 Sultan Basin Rd Preliminary Plat Under review application received Daisy Brook (28 lots) 13527 Sultan Basin Rd Preliminary Plat Under review application received
Commercial Projects
Project Name Location Update Next Step Cascade RV Storage South East Corner of Under civil construction Applicant will complete US2 and Rice Rd the required improvement and call for inspections as required Fire Station 33021 Cascade View Nearing completion Project under Dr construction
SR-2 Page 2 of 3 CM 4/22/2021 - Page 31 of 125 O’Reilly Auto Parts 923 Main St Permits nearing Waiting for pre- (7,453 sq. ft. New Retail expiration construction meeting Building) request RV Campground 339th Ave SE and US 2 Applicant has Applicant is working to submitted a phasing complete Phase 1 plan to avoid impacts to wellhead area
Misc. Projects
Project Name Location Update Next Step Tortorice Annexation NE Corner of Sultan County hearing Waiting for Boundary Basin Rd and 132nd scheduled for May 6th. Review Board to hold a public hearing
Long Range Updates
Title Description Update HB 1923 – Residential City has received a grant to Public Hearing with the Development Improvements update its code to facilitate Planning Board was held 3/16 residential development. Citywide Visioning Project to analyze the City’s Interns hired, working on kick needs in relation to economic off meeting to begin public development and downtown outreach portion of project revitalization.
SR-2 Page 3 of 3 CM 4/22/2021 - Page 32 of 125 SULTAN CITY COUNCIL
Staff Report No. 3
SUBJECT Police Department Monthly Report
DATE: DEPT: CONTACT: PRESENTER: ITEM:
4/22/2021 Police Dept Lt. Mike Martin Lt. Mike Martin Staff Report #3
Dates Presented: 4/22/2021
Attachments: A. Monthly Report
REQUESTED ACTION: None
SR-3 CM 4/22/2021 - Page 33 of 125 Page 1 of 7 ATTACHMENT A
Sheriff Adam Fortney Mayor Russell Wiita
Notable Events of March 2021
Mission: Do the right thing, at the right time, for the right reason.
Vision: The Snohomish County Sheriff’s Office will prioritize public trust and community safety by reducing crime through professional policing and correctional services, founded on accountability and compassion.
Values: Integrity, Dignity, Commitment, and Pride in everything we do.
ACTIVITY REPORT: There were no burglary or fraud complaints reported in the month of March. We have been seeing a decline in these types of crimes. There was a slight increase in theft’s reported, from 7 to 9. We continue to see a rise in both domestic violence related calls for service and mental health calls for service. Domestic violence related calls went from 8 to 16 and mental health related calls went from 11 to 21. We are hoping that these calls for service start to go down as warmer weather approaches and more services open to the public.
The Office of Neighborhoods outreach team continues to spend time in the community on a monthly basis. Deputies also continue to work with the city on dealing with code issues that arise.
TRAFFIC REPORT: We staffed the Sultan Traffic Emphasis on two days in March. We are pausing the emphasis temporarily as we work with the city on a billing issue that arose. I am hopeful that the emphasis will resume in April. The emphasis continues to be of value and helps to make the community safer.
MISC: We will be hosting a National Prescription Drug Take Back Day on April 24th, 2021. The event will be held on Main Street in front of the Sultan Police Department, from 10 am to 2 pm. This will be a drive-thru event to limit contact with citizens. In addition to this we have now opened the Sultan Police Department for those wishing
Sultan Activity Page 1 of 6
SR-3 CM 4/22/2021 - Page 34 of 125 Page 2 of 7 ATTACHMENT A to drop off unwanted prescription medications. Our facility will only be open for this service on Wednesday’s from 1:30 pm to 4:30 pm.
We have scheduled a free mobile shredding event on May 22nd, from 9 am to 12 pm. We are asking for non- perishable food donations, but it’s not required. Each family is limited to 5 boxes of paper. This event will be held on Main Street in front of the Sultan Police Department. This will also be a drive-thru event to limit contact with citizens. Any food that is collected will be donated to the Sky Valley VOA.
Respectfully Submitted,
Lt. Mike Martin Sultan Police Chief
The following tables and charts compare incident types of service reported by the Sultan Police Department for the past three months. Data was obtained from a LERMS “Data Analysis and Mapping” query for incidents assigned the Originating Agency Identifier (ORI) of WA0311500. The Incident Call Source table shows ORI data for all beats. The remaining tables and charts show only SUL (within Sultan City Limits) data.
Sultan Activity Page 2 of 6
SR-3 CM 4/22/2021 - Page 35 of 125 Page 3 of 7 ATTACHMENT A Property Crimes/Domestic Violence/Mental Health Calls Last 3 Months - All Dispositions 25 21 20 16 15 11 10 9 8 10 7 7 4 3 3 5 2 2 0 0 0 Burglary Fraud Theft DV Mental Health Jan 2 3 4 10 2 Feb 3 7 7 8 11 March 0 0 9 16 21
Jan Feb March
Incident Call Source by Beat Beat & Call Source Jan Feb Mar Totals SUL 463 649 632 1744 911 249 395 381 1025 Officer-Initiated 214 283 272 769 Totals 926 1327 1285 4823
Tickets Reported – March Tickets Jan Feb Mar Totals SPEED 14 8 5 27 FAIL TO OBEY TRAFFIC DEVICE 8 0 0 8 NO INSURANCE 12 5 6 23 NO VALID OPERATORS LICENSE 4 2 2 8 NEGLIGENT DRIVING 0 0 0 0 FAILURE TO WEAR SEAT BELT 1 3 1 5 LANE VIOLATIONS 0 0 1 1 TEXT/PHONE USE WHILE DRIVING 0 1 1 2 FAIL TO STOP AT STOP SIGN 8 12 14 34 EXPIRED VEHICLE REGISTRATION 8 1 2 11 NO VEHICLE LICENSE PLATES 0 0 1 1 DEFECTIVE EQUIPMENT 0 1 2 3 Totals 55 33 35 123
Sultan Activity Page 3 of 6
SR-3 CM 4/22/2021 - Page 36 of 125 Page 4 of 7 ATTACHMENT A
Disposition Codes A: Arrest G: Gone On Arrival M: Misc. Report (not a case) O: Other Agency Referral P: Patrol Information R: Case Report S: Settled by Contact T: Ticket U: Unfounded W: Warning (Verbal/Written)
Traffic Incident Disposition – March Incident Type A: G: M: O: P: R: S: T: U: W: Totals Collision 0 0 6 0 0 2 2 0 2 0 12 DUI 1 4 0 3 2 0 0 0 3 0 13 Traffic 9 4 0 3 4 9 2 6 0 27 64 Totals 10 8 6 6 6 11 4 6 5 27 90
Incident Types – Past 3 Months Incident Type Jan Feb Mar Totals 911 26 48 36 110 Abandoned Vehicle 10 3 7 20 Alarm 8 17 4 29 Animal 5 3 10 18 Assault 2 7 6 15 Assist 6 6 9 21 Burglary 2 3 0 5 Civil 15 20 24 59 Collision 7 9 14 30 Death 0 3 0 3 Disturbance 9 27 20 56 DUI 8 11 13 32 DV 10 27 16 53 Follow Up 39 64 44 147 Fraud 3 7 0 10 Harassment 2 0 2 4 Malicious Mischief 3 2 1 6 Mental Health Call 2 11 21 34 Noise Complaint 2 12 13 27 Nuisance Complaint 2 6 8 16 Ordinance Violation 1 0 0 1 Paper Service 1 3 4 8
Sultan Activity Page 4 of 6
SR-3 CM 4/22/2021 - Page 37 of 125 Page 5 of 7 ATTACHMENT A Parking 12 14 13 39 Person Lost/Found 1 8 0 9 Property Lost/Found 1 5 4 10 Public Assist 20 25 15 60 School Security Checks 30 32 30 92 Security Check 63 57 69 189 Special Ops 2 8 4 14 Substance Abuse 4 15 13 32 Suspicious 57 91 92 240 Theft 4 7 9 20 Threats 2 2 5 9 Traffic 68 91 89 248 Trespass 3 0 6 9 Vehicle Recovery 2 0 0 2 Vehicle Theft 2 0 0 2 Warrant 3 3 6 12 Weapon Complaint 0 4 1 5 Welfare Check 9 14 21 44 Totals 446 665 629 1740
Court Case Dispositions Zachor & Thomas Case Filings 10 9 8 7 6 5 4 3 2 1 0 Assault 4 Violation Criminal Trespass Theft DWLS DUI Obstruction DV NCO Traffic Jan 0 0 2 1 0 0 0 0 Feb 0 0 3 2 0 0 1 0 Mar 0 0 9 1 0 1 2 1
Jan Feb Mar
Sultan Activity Page 5 of 6
SR-3 CM 4/22/2021 - Page 38 of 125 Page 6 of 7 ATTACHMENT A Zachor & Thomas Case Dispositions
February Obstructing A Law Enforcement Officer Dismissed without prejudice-NO PC found by court Assault in the Fourth Degree – Domestic Violence Declined Assault in the Fourth Degree – Domestic Violence Dismissed w/o prejudice-No contact with victim or victim unwilling to participate
Sultan Activity Page 6 of 6
SR-3 CM 4/22/2021 - Page 39 of 125 Page 7 of 7 SULTAN CITY COUNCIL
Consent Agenda No. 1
DATE: DEPT: CONTACT: PRESENTER: ITEM:
04/22/2021 Finance Julie Addington None Consent 1
Dates Presented: CM 04/22/2021 Attachments: A. Voucher Approval – Signature form B. Accounts Payable
REQUESTED ACTION: Voucher approval on the consent agenda
DESCRIPTION/BACKGROUND Attached are the April 22, 2021 vouchers for approval in the amount of $192,398.26 and Payroll 7 April 2021 in the amount of $93,311.12 to be drawn and paid on the proper accounts.
FISCAL IMPACTS $285,709.38
EXPENDITURE AMOUNT: $285,709.38 AMOUNT BUDGETED: $285,709.38
BUDGET MODIFICATION REQUIRED: YES OR NO
CM 4/22/2021 - Page 40 of 125 ATTACHMENT A City of Sultan Voucher Approval March 18, 2021
I, the undersigned, do hereby certify under penalty of perjury, that the materials have been furnished, the services rendered, or the labor performed as described hereon, and that the claim is just, due and an unpaid obligation against the City of Sultan, and that I am authorized to authenticate and certify to said claim.
Julie Addington, Deputy Treasurer We, the undersigned City Council of Sultan Washington, do hereby certify that the merchandise or services hereinafter specified have been received and the claims are approved for payment in the following amounts:
ITEM DOLLAR AMOUNT Payroll 7 – Check # 38989 $2,884.11 Direct Deposit – PR 7 04/07/2021 $50,005.73 Benefits Check #38991 – 38995 & Void 38946 $20,265.90 Tax Deposit – PR 7 04/07/2021 $20,155.38 Accounts Payable – Check # 38996 – 39044, 38988 $180,264.68 ACH Transactions – DOR $12,133.58 Bond Payments – Manual Checks Bank Fees – TOTAL $285,709.38
Bob McCarty, Councilmember Stephanie Aldrich, Councilmember
Rocky Walker, Councilmember Calei Vaughn, Councilmember
______Joe Neigel, Councilmember Christina Sivewright, Councilmember
______Jeffrey Beeler, Councilmember
CM 4/22/2021 - Page 41 of 125 SULTAN CITY COUNCIL
Consent Agenda No. 2
DATE: DEPT: CONTACT: PRESENTER: ITEM:
04/22/2021 Administration Tami Pevey None Consent 2
Dates Presented: CM 04/22/2021
Attachments: A. 3/18/2021 Council Special Meeting Minutes
REQUESTED ACTION: Approve the minutes of the March 18, 2021 Council Special Meeting
C-2 Page 1 of 2 CM 4/22/2021 - Page 42 of 125 ATTACHMENT A CITY OF SULTAN COUNCIL SPECIAL MEETING – March 18, 2021
Mayor Wiita called the special meeting to order at approximately 7:00 p.m. The meeting was held via Zoom Internet Conference Service with all members in attendance at remote locations via computer or phone. Mayor called roll and the following were in attendance:
Councilmembers in attendance: McCarty, Aldrich, Walker, Vaughn, Neigel. It was noted CM Sivewright joined shortly before going into executive session. Absent: Beeler, and Student Rep DeBock.
Staff in attendance: Administrator Ibershof, City Attorney Evans, and City Clerk Pevey.
PUBLIC COMMENT Conner Morgan, Westfield Drive: Thanked Mayor, Administrator, Public Works Director, and City Clerk for the information provided regarding the East-West Connector.
EXECUTIVE SESSION On a motion by Councilmember Walker, seconded by Councilmember Alderich, council entered executive Session for an initial period of 10 minutes pursuant to RCW 42.30.110(g) to review the performance of a public employee and RCW 42.30.110(1)(i) regarding potential litigation; Motion passed 5-0;
Council started executive session at approximately 7:13 pm with City Attorney Evans in attendance. All attendees not allowed in exective session were placed in Zoom conferencing waiting room status.
Clerk noted time lag between approving executive session versus going into executive session and with placing attendees in waiting room and again bringing attendees out of waiting room to announce at approximately 9:28 pm Executive Session was extended another 7 minutes.
Council ended executive session at approximately 7:13 pm.
ACTION ITEMS Separation Agreement of Finance Director Laura Koenig On a motion by Councilmember Walker, Seconded by Councilmember Beeler, council authorized the Mayor to sign the separation agreement with Finance Director Laura Koenig; Motion passed 6-0.
Appointment of Lisa Erdman as Interim Finance Director Lisa Erdman provided a background to include fourth generation Sultan resident; Associates Degree Specialized in Finance with a Minor in Economics. She provided a detailed background and her plans moving forward as the Interim Finance Director. On a motion by Councilmember Walker, Seconded by Councilmember McCarty, council authorized the Mayor to sign the agreement with Lisa Erdman as Interim Finance Director; Motion passed 7-0.
ADJOURNMENT On a motion by Councilmember Beeler, seconded by Councilmember Aldrich, the council meeting was adjourned at approximately 7:22 pm. Motion passed 7-0. The zoom meeting connection was disconnected shortly thereafter.
Russell Wiita, Mayor
Tami J. Pevey, City Clerk
C-2 Page 2 of 2 CM 4/22/2021 - Page 43 of 125 SULTAN CITY COUNCIL
Consent Agenda No. 3
DATE: DEPT: CONTACT: PRESENTER: ITEM:
04/22/2021 Administration Tami Pevey None Consent 3
Dates Presented: CM 04/22/2021
Attachments: A. 4/1/2021 Council Workshop
REQUESTED ACTION: Approve the minutes of the April 1, 2021 Council Workshop
C-3 Page 1 of 3 CM 4/22/2021 - Page 44 of 125 ATTACHMENT A CITY OF SULTAN COUNCIL WORKSHOP– April 1, 2021
Mayor Wiita called the workshop to order at approximately 7:00 p.m. The meeting was held via Zoom Internet Conference Service with all members in attendance at remote locations via computer or phone. Mayor called roll and the following were in attendance:
Councilmembers in attendance: Aldrich, Walker, Neigel, Vaughn, Sivewright, and Beeler; Absent: McCarty, and Student Rep DeBock.
Staff in attendance: Administrator Ibershof, Public Works Director Morgan, Planning Director Galuska, and City Clerk Pevey.
CHANGES/ADDITIONS TO THE AGENDA None Noted
DISCUSSION AB21-41 Staffing and Operational Reorganization Plan Administrator Ibershof addressed the items in the packet to include a draft salary based on salary surveys from AWC, current organizational chart, and proposed future organizational chart. Ibershof explained the needs of the community are changing due to new development and critical projects; the city is growing, and it is clear additional staff is required to grow with the needs; along with the changing roles required for a changing community. Suggestion to shift roles from Building Official to Building Inspector; Engineer to Construction Specialist; Community Service Officer to Senior Planner; and Field Supervisor to Operations Manager. This change is estimated to save the city $30,000 per year. Planning/Building Department is experiencing 20 new permits per week and the workload is much higher than expected. The city is predicting 220 to 250 building permits will be received in 2021.
Two options for growth presented as follows: #1) Reorganization in June with staffing to meet the city’s needs, current Building Official would remain on staff part time thru the transition, and immediate support for the Planning Director. Requires council support for an additional .5 FTE, additional wages/benefits with an increase of $30,000 in wages; or 2) Reorg in September would lower wages and benefits, but staff would be challenged keeping up with the work and Planning Director forced to wait for needed additional support.
Discussion regarding financial resources and cost differences between the two options; concern over how additional staffing would be handle when building influx declines; acknowledgement of one time funds and moving cautiously in the financial arena; and concern for current staff and possible burnout if staffing changes held until September.
Administrator Ibershof reviewed the growth targets with council and recapped that the city received an additional 149 building permits and 140% increase in sales tax revenue of 2020. All one time money and proposal being brought forward is conservative to make sure the city can keep the people that are brought on by planning sustainable events, projects, etc. that the city can keep going despite the ups and downs of one time revenues. He reiterated that the city is making, “Sustainable moves that would fill the needs short term as well as long term”.
Council also acknowledged the need to continue to focus on business development to attract new business as well. Council in agreement that the wage structure has recently been revamped to allow for growth and appreciation in seeing staff working to take advantage of the opportunities for advancement being offered to support long term employees.
C-3 Page 2 of 3 CM 4/22/2021 - Page 45 of 125 ATTACHMENT A Planning Director Galuska explained a boom of housing draws the attention of commercial developers to follow the growth of population. Already have had interactions with potential commercial customers and pre plat review of a few of those potential projects. Galuska explained the added Senior Planner position increases the capacity to allow a more thorough review of commercial code updates in preparation for anticipated development in this area.
Mayor Wiita confirmed that 2022 budget talks will look at the longer-term plan moving forward; and that the extra half FTE was needed to be able to keep the current building inspector on longer to handle the training transition. Discussion on projects in the works and anticipated timing of the projects coming online. Ibershof explained if council did not wish to keep the building official on part time; he would be coming back to council with a consultant contract at a much higher rate, as the transition position is a need in city staffing.
By Mayor’s count majority in favor moving forward sooner rather than later. Ibershof explained will bring forward for resolution approving this change to the process with job search for potential candidates moving forward in April. Plan to hire additional staff on board by June.
Mayor Wiita explained briefly that the City was anticipating additional Covid Refief Funds and asked council to bring forth potential ideas of how to utilize this money to staff to research for consideration at a future meeting.
PUBLIC COMMENT None noted
ADJOURNMENT On a motion by Councilmember Walker, seconded by Councilmember Sivewright, the council meeting was adjourned at approximately 8:00 pm, all ayes. The zoom meeting connection was disconnected shortly thereafter.
Russell Wiita, Mayor
Tami J. Pevey, City Clerk
C-3 Page 3 of 3 CM 4/22/2021 - Page 46 of 125 SULTAN CITY COUNCIL
Consent Agenda No. 4
DATE: DEPT: CONTACT: PRESENTER: ITEM:
04/22/2021 Administration Tami Pevey None Consent 4
Dates Presented: CM 04/22/2021
Attachments: A. 4/8/2021 Council Meeting Minutes
REQUESTED ACTION: Approve the minutes of the April 8, 2021 Council Meeting
C-4 Page 1 of 4 CM 4/22/2021 - Page 47 of 125 ATTACHMENT A CITY OF SULTAN COUNCIL MEETING – April 8, 2021
Mayor Wiita called the regular meeting to order at approximately 7:00 p.m. The meeting was held via Zoom Internet Conference Service with all members in attendance at remote locations via computer or phone. Mayor called roll and the following were in attendance:
Councilmembers in attendance: McCarty, Aldrich, Walker, Vaughn, Sivewright, Beeler. Absent Neigel and Student Rep DeBock.
Staff in attendance: Administrator Ibershof, Public Works Director Morgan, Interim Finance Director Erdman, and City Clerk Pevey.
CHANGES/ADDITIONS TO THE AGENDA Request by Councilmember Walker to move Action #1 Hammer Property Park Design to discussion; Mayor denied the request. On a motion by Councilmember Walker, seconded by Councilmember Aldrich, Consent Agenda Item 2 regarding the March 25, 2021 minutes was moved from consent agenda to action items; Motion passed 6-0.
PUBLIC COMMENT Genny Smith, Marguerite Lane: Addressed comments noted in the March 25 council meeting led her to believe she was misunderstood regarding her transparency comments about the park action item and attempted to let council know her thoughts that the any action should have been presented at a council meeting after a community meeting was held as this is a better way to show transparency with the residents of Sultan. Hopeful that the City is going to provide information of funding on upkeep and maintenance of new city parks; feel current parks are under utilized due to safety issues regarding lack of upkeep. Request plan to bring community members to the new proposed park as doesn’t feel is accessible due to lack of sidewalks and crosswalks. Concerned about safety and impact on neighborhoods near the park and request answers before a park is installed. Suggeting less is more when considering amenities for the location.
Dave Simons, Marguerite Lane: Feels park action item was tabled only after comments made that called it in question; addressed concerns to potential park to include safety concerns re traffic, lighting, police patrol, and issues with maintaining current parks and concerned that city is considering adding another park when current parks are in obvious disrepair.
Angela Simons, Marguerite Lane: stating already continual requests for lowered speed limits and speed bumps in the neighborhood to address traffic concerns with speeding; with the review of a potential park bringing more traffic to the area increases the need for traffic issues to be addressed; Agrees with suggestion of less amenities versus more when considering options for the property, but does like the idea of a dog park area for potential ideas.
COUNCILMEMBER COMMENTS McCarty: Attended Special Meeting for Centennial Trail running from Snohomish to Sultan. Planning Director Galuska attended this meeting as well. Reviewed right of ways in place for potential trail location. Galuska recognized the potential for the trail bringing visitor traffic in town when completed. Has a high school yearbook and has potential ideas to present to Student Rep DeBock about a pictorial display that could be implemented in the high school.
Walker: Thanked public comment; can’t help push back on comments about park disarray as city has installed new equipment with better access. Not in favor of a new park, but recognizing that the property is valuable and that the city won’t just sit on it. Warned public that something will happen on the property either way.
Page 2 of 4 CM 4/22/2021 - Page 48 of 125 ATTACHMENT A Vaughn: Acknowledged public comment, Osprey Park received new equipment; city acknowledges upkeep is an issue and unsure about how to handle in the budget but council will be reviewing. Questioned would it be more beneficial to the community to have overflow parking. Recognized that there are several options for the property that still need to be reviewed before a final decsion can be made. At the present time is not currenlty in favor of a park.
Sivewright: Attended the Community meeting on proposed park. Feels that concerns citizens are raising would be considered in the design of any park. Lives by Osprey Park and utilitizes the facility on a regular basis. Echoed previous councilmember comments that a lot of work and new equipment has been done in the parks and feels the current parks are not in disarray. Agreed there are many options for the property and feels if a park is not developed there, foresees a development instead. Feels the views from the property would make a beautiful park and continues to stand in favor of a park at the location and foresees at the city grows the need for a parks and recreation department will be needed in the future. Thanked citizens for their comments.
Beeler: Attended the park community meeting with twenty-three residences in attendance and noted his main comment was “traffic study first” and the impact a park would have on the area. Agreed there are several options and the city is still in review to make the right decision. Acknowledges the comments from citizens and hasn’t made a decision yet regarding the property. Acknowledged State Representative Eslick’s efforts to gather support and money for a study on the US 2 to address the traffic issues there. Eslick recently published a plea in the Seattle Times regarding her efforts.
MAYOR COMMENTS The Chamber of Commerce announced this week that the Shindig for 2021 has been cancelled again this year. The Chamber is going to attempt smaller scale events such as a farmer’s market/swap meet, and music in the park events. Chamber is also working on a cleanup event being planned for late May. University of Washington interns will be in town Friday to have boots on the ground in preparation for the start of work on the Visioning Project. Conversation regarding pedestrian bridge landing near the Chief Sultan statue to include a nice cedar fence and landscaping to create a nice backdrop for the statue and naming that area officially. Reiterated comments regarding hard work of staff who has been working diligently to clean up the parks. Encouraged community members to reach out to the city with issues and concerns in the parks. Addressed the timing of the action item for park design and the holding of the community meeting stating that community outreach was always planned to be involved and timing was not intended to leave it in question.
CITY ADMINISTRATOR COMMENTS The City is applying for two federal grants for a US 2 roundabout and Wastewater Treatment Plant upgrades. Thanked council for their input at the April workshop regarding staff reorganization and will be bringing action items forward at the next few council meetings. Finance department in final review of fourth quarter finances of 2020 as well as first quarter review of 2021 city financials.
STAFF REPORTS None noted
CONSENT AGENDA: Noted 3/25/2021 council minutes was moved from consent agenda to Action Item 7. On a motion by Councilmember Aldrich, seconded by Councilmember Beeler, council approved the consent agenda. Consent agenda items included: 1) Vouchers for approval in the amount of $165,071.54, Payroll 6 March 2021 in the amount of $130,582.96, and Bank fees in the amount of $2,486.47 to be drawn and paid on the proper accounts; Motion passed 6-0.
ACTION ITEMS AB21-36 KPG Task Order 2 Hammer Property Park Design.
Page 3 of 4 CM 4/22/2021 - Page 49 of 125 ATTACHMENT A Mayor suggested tabling the item for an unspecified period of time to allow time to work with staff to research and review the various input that has been provided by council and citizen comment. Also advised further council discussion on this topic is set for the council workshop on the First Thursday in May. Discussion amongst councilmembers expressing their thoughts, questions, and/or concerns. On a motion by Councilmember Beeler, seconded by Councilmember Walker, to let the discussion lie on the table. Motion passed 6-0.
AB21-42 Resolution 21-08: Cash Handling Policy Interim Finance Director Erdman explained the updates are to address internal controls issues identified in the recent Audit finding. On a motion by Councilmember Beeler, seconded by Councilmember Sivewright, council adopted Resolution 21-08 updating the City’s Cash Handling Policy; Motion passed 6-0.
AB21-43 Ordinance 1346-21: SMC 13.24 Solid Waste Management Plan Update Administrator Ibershof explained that in 2020 the City Council approved a service agreement with Republic Services that privatized the collection of solid waste within the City. Since the current City code reflected the City as the collection company, the update would reflect the change. On a motion by Councilmember Walker, seconded by Councilmember McCarty, council adopted Ordinance 1346-21 updating SMC 13.24 regarding the City’s Solid Waste Management Plan; Motion passed 6-0.
AB21-39 Resolution 21-07 Contract with Washington State Military Department On a motion by Councilmember Beeler, seconded by Councilmember Walker, council authorized the Mayor to sign contract 21-02 with the Washington Military Department; Motion passed 6-0.
On a motion by Councilmember Walker, seconded by Councilmember McCarty, council adopted Resolution 21-07 as written; Motion passed 6-0
AB21-40 Agreement with Sno Co PUD #1 for Pole Attachments On a motion by Councilmember Beeler, seconded by Councilmember Aldrich, council authorized the Mayor to sign the Pole Attachment License Agreement with Snohomish County PUD; Motion passed 6-0.
AB18-22 Snohomish County Emergency Management Interlocal Agreement Extension On a motion by Councilmember Walker, seconded by Councilmember McCarty, council authorized the Mayor to sign Addendum to the Interlocal Agreement with the Snohomish County Department of Emergency Services for assistance in training, planning and support for disaster preparedness; Motion passed 6-0.
March 25, 2021 Council Meeting Minutes City Clerk Pevey explained that it was noted that item AB21-36 Contract with KPG for park design on the Hammer Property vote was presented incorrectly and needed to be corrected as well as to record the split vote. Pevey presented the recommendation to have the final vote read, “Motion passed on a 4-3 vote. Councilmembers voted as follows - McCarty - aye, Aldrich - nay, Walker - aye, Vaughn - aye, Neigel - nay, Sivewright - nay, Beeler – aye. Following discussion and amendment on a motion by Councilmember Walker, seconded by Councilmember McCarty, council voted to amend the minutes of the March 25, 2021 council meeting as suggested; Motion passed 6-0.
ADJOURNMENT On a motion by Councilmember McCarty, seconded by Councilmember Aldrich, the council meeting was adjourned at approximately 8:04 pm. The zoom meeting connection was disconnected shortly thereafter.
Russell Wiita, Mayor
Tami J. Pevey, City Clerk
Page 4 of 4 CM 4/22/2021 - Page 50 of 125 SULTAN CITY COUNCIL Agenda Bill No. 21-34 (X-Reference AB20-81, & AB20-85)
SUBJECT Grant agreement with the Department of Commerce
DATE: DEPT: CONTACT: PRESENTER: ITEM:
4/22/2021 Administration Will Ibershof Will Ibershof Action #1
Discussion: CM 11/19/2021, CM 3/11/2021, 4/22/2021
Attachments: A. Agreement with State of Washington Commerce Department B. Staff report on the cost estimates for the project
REQUESTED ACTION: Authorize the Mayor to sign an agreement with Washington State Department of Commerce for an amount not to exceed of $72,750.00
DESCRIPTION/BACKGROUND In the 2020-2022 State supplemental budget, a grant of $72,750 was approved for the Sky Valley generator project. In previous meetings, staff has mentioned the project and what the City would like to purchase with the funds to meet the needs of the Sky Valley.
At the March 11, 2021 council meeting, council approved Ordinance 1345-21 designating funds to support of the project. These funds would be used to purchase items above what the grant allocation would be.
These funds would be used as follows.
• Startup Gym o Generator cost - $12,815.75 o Electrical install - $9,990.00 o LNG tank - $2,500.00 • Sultan Gyms o 75 kW 120/240 1phase generator - $0 repurpose Lift station generator o Upgrade and over hall the 75KW generator - $2,500.00 o Install Dry connection - $11,304.00 each location (school to cover cost) o 12 power distribution Boxes - $5,278.68 o 15 100’ 50 Amp cords - $9,547.20 o 6 – 50’ 50 amp cords - $2,252.16 o 24- Temporary lights @ 303.96= 7,295.04 o 24- Heater/ fan units - $3,068.88
• Sultan City hall o Installation of manual transfer switch - $8,691.00 o 75 kW 120/240 1phase generator - $0 repurpose Lift station generator
A-1/AB21-34 CM 4/22/2021 - Page 51 of 125 Page 1 of 41 • Index School Gym o Installation of a manual transfer switch - $4,362.00 (School to cover costs o purchase a 30kW, 120/ 240V, 1 phase towable generator - $31,112.80
Total Project Cost, not including tax - $94,960.76
By accepting the grant agreement, staff will be able to bring forward resolutions approving the purchase of the equipment.
Budget Amendment Staff will need to do a budget amendment for this amount as well as others, when we reconcile the 2021 budget.
A-1/AB21-34 CM 4/22/2021 - Page 52 of 125 Page 2 of 41 ATTACHMENT A
Grant to City of Sultan through
The Local and Community Projects Program
For Sky Valley Emergency Generators (Sultan)
Start date: July 1, 2020
Washington State Department of Commerce www.commerce.wa.gov A-1/AB21-34 CM 4/22/2021 - Page 53 of 125 Page 3 of 41 ATTACHMENT A
A-1/AB21-34 CM 4/22/2021 - Page 54 of 125 Page 4 of 41 ATTACHMENT A
Contents FACE SHEET ...... 1 DECLARATIONS ...... 3 SPECIAL TERMS AND CONDITIONS ...... 5 1. GRANT MANAGEMENT ...... 5 2. COMPENSATION ...... 5 3. CERTIFICATION OF FUNDS PERFORMANCE MEASURES ...... 5 4. PREVAILING WAGE LAW ...... 6 5. DOCUMENTATION AND SECURITY ...... 6 6. BASIS FOR ESTABLISHING REAL PROPERTY VALUES FOR ACQUISITIONS OF REAL PROPERTY PERFORMANCE MEASURES ...... 6 7. EXPENDITURES ELIGIBLE FOR REIMBURSEMENT ...... 6 8. BILLING PROCEDURES AND PAYMENT ...... 7 9. SUBCONTRACTOR DATA COLLECTION ...... 8 10. CERTIFIED PROJECT COMPLETION REPORT AND FINAL PAYMENT ...... 8 11. INSURANCE ...... 8 12. ORDER OF PRECEDENCE ...... 10 13. REDUCTION IN FUNDS ...... 10 14. OWNERSHIP OF PROJECT/CAPITAL FACILITIES ...... 10 15. CHANGE OF OWNERSHIP OR USE FOR GRANTEE-OWNED PROPERTY ...... 10 16. CHANGE OF USE FOR LEASED PROPERTY PERFORMANCE MEASURE ...... 11 17. SIGNAGE, MARKERS AND PUBLICATIONS ...... 11 18. HISTORICAL AND CULTURAL ARTIFACTS ...... 11 19. REAPPROPRIATION ...... 12 20. TERMINATION FOR FRAUD OR MISREPRESENTATION ...... 12 GENERAL TERMS AND CONDITIONS ...... 13 21. DEFINITIONS ...... 13 22. ACCESS TO DATA ...... 13 23. ADVANCE PAYMENTS PROHIBITED ...... 13 24. ALL WRITINGS CONTAINED HEREIN ...... 13 25. AMENDMENTS ...... 13 26. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, ALSO REFERRED TO AS THE “ADA” 28 CFR PART 35 ...... 14 27. ASSIGNMENT ...... 14 28. ATTORNEYS’ FEES ...... 14 29. AUDIT ...... 14 i
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30. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION ...... 15 31. CONFLICT OF INTEREST ...... 15 32. COPYRIGHT PROVISIONS ...... 16 33. DISPUTES ...... 16 34. DUPLICATE PAYMENT ...... 17 35. GOVERNING LAW AND VENUE ...... 17 36. INDEMNIFICATION...... 17 37. INDEPENDENT CAPACITY OF THE GRANTEE ...... 17 38. INDUSTRIAL INSURANCE COVERAGE ...... 17 39. LAWS ...... 17 40. LICENSING, ACCREDITATION AND REGISTRATION ...... 17 41. LIMITATION OF AUTHORITY...... 18 42. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS ...... 18 43. PAY EQUITY ...... 18 44. POLITICAL ACTIVITIES ...... 18 45. PUBLICITY ...... 18 46. RECAPTURE ...... 19 47. RECORDS MAINTENANCE ...... 19 48. REGISTRATION WITH DEPARTMENT OF REVENUE ...... 19 49. RIGHT OF INSPECTION ...... 19 50. SAVINGS ...... 19 51. SEVERABILITY ...... 19 52. SITE SECURITY...... 19 53. SUBGRANTING/SUBCONTRACTING ...... 19 54. SURVIVAL ...... 20 55. TAXES ...... 20 56. TERMINATION FOR CAUSE ...... 20 57. TERMINATION FOR CONVENIENCE...... 20 58. TERMINATION PROCEDURES ...... 20 59. TREATMENT OF ASSETS ...... 21 60. WAIVER...... 22 ATTACHMENT A - SCOPE OF WORK ...... 23 ATTACHMENT B - CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE PROJECT ...... 25 ATTACHMENT C- CERTIFICATION OF THE PAYMENT AND REPORTING OF PREVAILING WAGES...... 27
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ATTACHMENT D - CERTIFICATION OF INTENT TO ENTER THE LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN (LEED) CERTIFICATION PROCESS ..... 29
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FACE SHEET
Grant Number: 21-96633-115 Project Name: Sky Valley Emergency Generators (Sultan)
Washington State Department of Commerce Local Government Division Community Assistance and Research Unit
1. GRANTEE 2. GRANTEE Doing Business As (optional) City of Sultan N/A PO BOX 1199 SULTAN, WA 98294-1199
3. GRANTEE Representative 4. COMMERCE Representative Will Ibershof, Susan Butz, Grant Manager (360) 793-2231 PO Box 42525, Olympia, WA 98504 [email protected] (360) 764-9552 [email protected]
5. Grant Amount 6. Funding Source 7. Start Date 8. End Date $72,750.00 Federal: State:X Other: N/A: July 1, 2020 June 30, 2023 (subject to reappropriation) 9. Federal Funds (as applicable) Federal Agency CFDA Number N/A N/A N/A 10. Tax ID # 11. SWV # 12. UBI # 13. DUNS # XXXXXXXXXXXXXX SWV0007718-00 318000022 361443005 14. Grant Purpose The outcome of this performance-based Grant Agreement is to undertake a legislatively approved project that furthers the goals and objectives of Washington State Direct Appropriations Program as referenced in Attachment A – Scope of Work.
COMMERCE, defined as the Washington State Department of Commerce, and the GRANTEE, as defined above, acknowledge and accept the terms of this Grant and attachments and have executed this Grant on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this Grant are governed by this Grant and the following other documents incorporated by reference: Grant Terms and Conditions including Attachment “A” – Scope of Work, Attachment “B” – Certification of Availability of Funds to Complete the Project, Attachment “C” – Certification of the Payment and Reporting of Prevailing Wages, Attachment “D” – Certification of Intent to Enter LEED Process.
FOR GRANTEE FOR COMMERCE
Signature Mark K. Barkley, Assistant Director Local Government Division
Print Name Date
Title APPROVED AS TO FORM
Date Steve Scheele, Assistant Attorney General
9/16/2020 Date
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DECLARATIONS
GRANTEE INFORMATION
GRANTEE Name: City of Sultan Grant Number: 21-96633-115 State Wide Vendor Number: SWV0007718-00
PROJECT INFORMATION
Project Name: Sky Valley Emergency Generators (Sultan) Project City: SULTAN Project State: Washington Project Zip Code: 98294-1199
GRANT AGREEMENT INFORMATION
Grant Amount: $72,750.00 Appropriation Number: ESSB 6248 SL Section 1013 (2020 Regular Session) Re-appropriation Number (if applicable): N/A Grant End Date: June 30, 2023 (subject to reappropriation) Biennium: 2019-2021 Biennium Close Date: June 30, 2021 Earliest Date for Construction Reimbursement: July 1, 2016
ADDITIONAL SPECIAL TERMS AND CONDITIONS GOVERNING THIS AGREEMENT
N/A
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SPECIAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS
THIS GRANT AGREEMENT, entered into by and between the GRANTEE and COMMERCE, as defined on the Face Sheet of this Grant Agreement, WITNESSES THAT:
WHEREAS, COMMERCE has the statutory authority under RCW 43.330.050 (5) to cooperate with and provide assistance to local governments, businesses, and community-based organizations; and
WHEREAS, COMMERCE is also given the responsibility to administer state funds and programs which are assigned to COMMERCE by the Governor or the Washington State Legislature; and
WHEREAS, the Washington State Legislature has made an appropriation to support the Local and Community Projects Program, and directed COMMERCE to administer those funds; and
WHEREAS, the enabling legislation also stipulates that the GRANTEE is eligible to receive funding for design, acquisition, construction, or rehabilitation (a venture hereinafter referred to as the “Project”).
NOW, THEREFORE, in consideration of covenants, conditions, performances, and promises hereinafter contained, the parties hereto agree as follows:
1. GRANT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Grant. The Representative for COMMERCE and their contact information are identified on the Face Sheet of this Grant. The Representative for the GRANTEE and their contact information are identified on the Face Sheet of this Grant.
2. COMPENSATION COMMERCE shall pay an amount not to exceed the awarded Grant Amount as shown on the Face Sheet of this Grant Agreement, for the capital costs necessary for or incidental to the performance of work as set forth in the Scope of Work.
3. CERTIFICATION OF FUNDS PERFORMANCE MEASURES A. The release of state funds under this Grant Agreement is contingent upon the GRANTEE certifying that it has expended or has access to funds from non-state sources as set forth in ATTACHMENT B (CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE PROJECT), hereof. Such non-state sources may consist of a combination of any of the following: i) Eligible Project expenditures prior to the execution of this Grant Agreement. ii) Cash dedicated to the Project. iii) Funds available through a letter of credit or other binding loan commitment(s). iv) Pledges from foundations or corporations. v) Pledges from individual donors. vi) The value of real property when acquired solely for the purposes of this Project, as established and evidenced by a current market value appraisal performed by a licensed, professional real estate appraiser, or a current property tax statement. COMMERCE will not consider appraisals for prospective values of such property for the purposes of calculating the amount of non-state matching fund credit. vii) In-kind contributions, subject to COMMERCE’S approval.
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B. The GRANTEE shall maintain records sufficient to evidence that it has access to or has expended funds from such non-state sources, and shall make such records available for COMMERCE’s review upon reasonable request.
4. PREVAILING WAGE LAW The Project funded under this Grant may be subject to state prevailing wage law (Chapter 39.12 RCW). The GRANTEE is advised to consult the Industrial Statistician at the Washington Department of Labor and Industries to determine whether prevailing wages must be paid. COMMERCE is not responsible for determining whether prevailing wage applies to this Project or for any prevailing wage payments that may be required by law.
5. DOCUMENTATION AND SECURITY The provisions of this section shall apply to capital projects performed by nonprofit organizations and public benefit corporations that involve the expenditure of over $500,000 in state funds. Projects for which the grant award or legislative intent documents specify that the state funding is to be used for design only are exempt from this section. A. Deed of Trust. This Grant shall be evidenced by a promissory note and secured by a deed of trust or other appropriate security instrument in favor of COMMERCE (the “Deed of Trust”). The Deed of Trust shall be recorded in the County where the Project is located, and the original returned to COMMERCE after recordation within ninety (90) days of Grant Agreement execution. The Deed of Trust must be recorded before COMMERCE will reimburse the GRANTEE for any Project costs. The amount secured by the Deed of Trust shall be the amount of the Grant as set forth on the Face Sheet, hereof. B. Term of Deed of Trust. The Deed of Trust shall remain in full force and effect for a period of ten (10) years following the final payment of state funds to the GRANTEE under this grant. Upon satisfaction of the ten-year term requirement and all other grant terms and conditions, COMMERCE shall, upon written request of the GRANTEE, take appropriate action to reconvey the Deed of Trust. C. Title Insurance. The GRANTEE shall purchase an extended coverage lender’s policy of title insurance insuring the lien position of the Deed of Trust in an amount not less than the amount of the grant. D. Subordination. COMMERCE may agree to subordinate its deed of trust upon request from a private or public lender. Any such request shall be submitted to COMMERCE in writing, and COMMERCE shall respond to the request in writing within thirty (30) days of receiving the request.
6. BASIS FOR ESTABLISHING REAL PROPERTY VALUES FOR ACQUISITIONS OF REAL PROPERTY PERFORMANCE MEASURES When the grant is used to fund the acquisition of real property, the value of the real property eligible for reimbursement under this grant shall be established as follows: A. GRANTEE purchases of real property from an independent third-party seller shall be evidenced by a current appraisal prepared by a licensed Washington State commercial real estate appraiser, or a current property tax statement. B. GRANTEE purchases of real property from a subsidiary organization, such as an affiliated LLC, shall be evidenced by a current appraisal prepared by a licensed Washington State commercial real estate appraiser or the prior purchase price of the property plus holding costs, whichever is less.
7. EXPENDITURES ELIGIBLE FOR REIMBURSEMENT Payments to the Grantee shall be made on a reimbursement basis only. Costs incurred on or after the EARLIEST DATE FOR CONSTRUCTION REIMBURSEMENT as shown on the Declarations page are eligible for reimbursement under this Grant Agreement. The GRANTEE may be reimbursed for the following eligible costs related to the activities identified in the SCOPE OF WORK shown on Attachment A.
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A. Real property, and costs directly associated with such purchase, when purchased or acquired solely for the purposes of the Project; B. Design, engineering, architectural, and planning; C. Construction management and observation (from external sources only); D. Construction costs including, but not limited to, the following: Site preparation and improvements; Permits and fees; Labor and materials; Taxes on Project goods and services; Capitalized equipment; Information technology infrastructure; and Landscaping. E. Other costs authorized through the legislation
8. BILLING PROCEDURES AND PAYMENT COMMERCE shall reimburse the GRANTEE for eligible Project expenditures, up to the maximum payable under this Grant Agreement. When requesting reimbursement for expenditures made, the GRANTEE shall submit to COMMERCE a signed and completed Invoice Voucher (Form A-19), that documents capitalized Project activity performed for the billing period. The GRANTEE can submit all Invoice Vouchers and any required documentation electronically through COMMERCE’s Contracts Management System (CMS), which is available through the Secure Access Washington (SAW) portal.
The GRANTEE shall evidence the costs claimed on each voucher by including copies of each invoice received from vendors providing Project goods or services covered by the Grant Agreement. The GRANTEE shall also provide COMMERCE with a copy of the cancelled check or electronic funds transfer, as applicable, that confirms that they have paid each expenditure being claimed. The cancelled checks or electronic funds transfers may be submitted to COMMERCE at the time the voucher is initially submitted, or within thirty (30) days thereafter.
The voucher must be certified (signed) by an official of the GRANTEE with authority to bind the GRANTEE. The final voucher shall be submitted to COMMERCE within sixty (60) days following the completion of work or other termination of this Grant Agreement, or within fifteen (15) days following the end of the state biennium unless Grant Agreement funds are reappropriated by the Legislature in accordance with Section 19, hereof.
Each request for payment must be accompanied by a Project Status Report, which describes, in narrative form, the progress made on the Project since the last invoice was submitted, as well as a report of Project status to date. COMMERCE will not release payment for any reimbursement request received unless and until the Project Status Report is received. After approving the Invoice Voucher and Project Status Report, COMMERCE shall promptly remit a warrant to the GRANTEE. COMMERCE will pay GRANTEE upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Representative for COMMERCE not more often than monthly.
Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the GRANTEE.
COMMERCE may, in its sole discretion, terminate the Grant or withhold payments claimed by the GRANTEE for services rendered if the GRANTEE fails to satisfactorily comply with any term or condition of this Grant. No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall be made by COMMERCE.
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Duplication of Billed Costs The GRANTEE shall not bill COMMERCE for services performed under this Grant Agreement, and COMMERCE shall not pay the GRANTEE, if the GRANTEE is entitled to payment or has been or will be paid by any other source, including grants, for that service.
Disallowed Costs The GRANTEE is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subgrantees.
9. SUBCONTRACTOR DATA COLLECTION GRANTEE will submit reports, in a form and format to be provided by COMMERCE and at intervals as agreed by the parties, regarding work under this Grant performed by subcontractors and the portion of Grant funds expended for work performed by subcontractors, including but not necessarily limited to minority-owned, woman-owned, and veteran-owned business subcontractors. “Subcontractors” shall mean subcontractors of any tier.
10. CERTIFIED PROJECT COMPLETION REPORT AND FINAL PAYMENT The GRANTEE shall complete a Certified Project Completion Report when activities identified in the SCOPE OF WORK shown on Attachment A are complete.
The GRANTEE shall provide the following information to COMMERCE: A. A certified statement that the Project, as described in the SCOPE OF WORK shown on Attachment A, is complete and, if applicable, meets required standards. B. A certified statement of the actual dollar amounts spent, from all funding sources, in completing the project as described in the SCOPE OF WORK shown on Attachment A. C. Certification that all costs associated with the Project have been incurred and accounted for. Costs are incurred when goods and services are received and/or Grant work is performed. D. A final voucher for the remaining eligible funds, including any required documentation.
The GRANTEE will submit the Certified Project Completion Report together with the last Invoice Voucher for a sum not to exceed the balance of the Grant Amount.
11. INSURANCE The GRANTEE shall provide insurance coverage as set out in this section. The intent of the required insurance is to protect the state of Washington should there be any claims, suits, actions, costs, damages or expenses arising from any loss, or negligent or intentional act or omission of the GRANTEE, or Subgrantee, or agents of either, while performing under the terms of this Grant.
The insurance required shall be issued by an insurance company authorized to do business within the state of Washington. Except for Professional Liability or Errors and Omissions Insurance, the insurance shall name the state of Washington, its agents, officers, and employees as additional insureds under the insurance policy. All policies shall be primary to any other valid and collectable insurance. The GRANTEE shall instruct the insurers to give COMMERCE thirty (30) calendar days advance notice of any insurance cancellation or modification.
The GRANTEE shall submit to COMMERCE within fifteen (15) calendar days of the Grant start date, a certificate of insurance which outlines the coverage and limits defined in this insurance section. During the term of the Grant, the GRANTEE shall submit renewal certificates not less than thirty (30) calendar days prior to expiration of each policy required under this section. The GRANTEE shall provide insurance coverage that shall be maintained in full force and effect during the term of this Grant, as follows:
Commercial General Liability Insurance Policy. Provide a Commercial General Liability Insurance Policy, including contractual liability, written on an occurrence basis, in adequate quantity to protect against legal liability arising out of Grant activity but no less than $1,000,000 per occurrence.
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Additionally, the GRANTEE is responsible for ensuring that any Subgrantee/subcontractor provide adequate insurance coverage for the activities arising out of subgrants/subcontracts.
Automobile Liability. In the event that performance pursuant to this Grant involves the use of vehicles, owned or operated by the GRANTEE or its Subgrantee/subcontractor, automobile liability insurance shall be required. The minimum limit for automobile liability is $1,000,000 per occurrence, using a Combined Single Limit for bodily injury and property damage.
Professional Liability, Errors and Omissions Insurance. The GRANTEE shall maintain Professional Liability or Errors and Omissions Insurance. The GRANTEE shall maintain minimum limits of no less than $1,000,000 per occurrence to cover all activities by the GRANTEE and licensed staff employed or under contract to the GRANTEE. The state of Washington, its agents, officers, and employees need not be named as additional insureds under this policy.
Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act on behalf of the GRANTEE for the purpose of receiving or depositing funds into program accounts or issuing financial documents, checks, or other instruments of payment for program costs shall be insured to provide protection against loss: A. The amount of fidelity coverage secured pursuant to this Grant shall be $2,000,000 or the highest of planned reimbursement for the Grant period, whichever is lowest. Fidelity insurance secured pursuant to this paragraph shall name COMMERCE as beneficiary. B. Subgrantees/subcontractors that receive $10,000 or more per year in funding through this Grant shall secure fidelity insurance as noted above. Fidelity insurance secured by Subgrantees/subcontractors pursuant to this paragraph shall name the GRANTEE and the GRANTEE’s fiscal agent as beneficiary. C. The GRANTEE shall provide, at COMMERCE’s request, copies of insurance instruments or certifications from the insurance issuing agency. The copies or certifications shall show the insurance coverage, the designated beneficiary, who is covered, the amounts, the period of coverage, and that COMMERCE will be provided thirty (30) days advance written notice of cancellation.
GRANTEES and Local Governments that Participate in a Self-Insurance Program. Self-Insured/Liability Pool or Self-Insured Risk Management Program – With prior approval from COMMERCE, the GRANTEE may provide the coverage above under a self-insured/liability pool or self-insured risk management program. In order to obtain permission from COMMERCE, the GRANTEE shall provide: (1) a description of its self-insurance program, and (2) a certificate and/or letter of coverage that outlines coverage limits and deductibles. All self-insured risk management programs or self-insured/liability pool financial reports must comply with Generally Accepted Accounting Principles (GAAP) and adhere to accounting standards promulgated by: 1) Governmental Accounting Standards Board (GASB), 2) Financial Accounting Standards Board (FASB), and 3) the Washington State Auditor’s annual instructions for financial reporting. GRANTEE’s participating in joint risk pools shall maintain sufficient documentation to support the aggregate claim liability information reported on the balance sheet. The state of Washington, its agents, and employees need not be named as additional insured under a self-insured property/liability pool, if the pool is prohibited from naming third parties as additional insured.
GRANTEE shall provide annually to COMMERCE a summary of coverages and a letter of self insurance, evidencing continued coverage under GRANTEE’s self-insured/liability pool or self-insured risk management program. Such annual summary of coverage and letter of self insurance will be provided on the anniversary of the start date of this Agreement.
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12. ORDER OF PRECEDENCE In the event of an inconsistency in this Grant, the inconsistency shall be resolved by giving precedence in the following order: Applicable federal and state of Washington statutes and regulations Declarations page of this Grant Agreement Special Terms and Conditions General Terms and Conditions Attachment A – Scope of Work Attachment B – Certification of the Availability of Funds to Complete the Project Attachment C – Certification of the Payment and Reporting of Prevailing Wages Attachment D – Certification of Intent to Enter the Leadership in Energy and Environmental Design (LEED) Certification Process
13. REDUCTION IN FUNDS In the event state funds appropriated for the work contemplated under this Grant Agreement are withdrawn, reduced, or limited in any way by the Governor or the Washington State Legislature during the Grant Agreement period, the parties hereto shall be bound by any such revised funding limitations as implemented at the discretion of COMMERCE, and shall meet and renegotiate the Grant Agreement accordingly.
14. OWNERSHIP OF PROJECT/CAPITAL FACILITIES COMMERCE makes no claim to any real property improved or constructed with funds awarded under this Grant Agreement and does not assert and will not acquire any ownership interest in or title to the capital facilities and/or equipment constructed or purchased with state funds under this Grant Agreement; provided, however, that COMMERCE may be granted a security interest in real property, to secure funds awarded under this Grant Agreement. This provision does not extend to claims that COMMERCE may bring against the GRANTEE in recapturing funds expended in violation of this Grant Agreement.
15. CHANGE OF OWNERSHIP OR USE FOR GRANTEE-OWNED PROPERTY A. The GRANTEE understands and agrees that any and all real property or facilities owned by the GRANTEE that are acquired, constructed, or otherwise improved by the GRANTEE using state funds under this Grant Agreement, shall be held and used by the GRANTEE for the purpose or purposes stated elsewhere in this Grant Agreement for a period of at least ten (10) years from the date the final payment is made hereunder. B. This provision shall not be construed to prohibit the GRANTEE from selling any property or properties described in this section; Provided, that any such sale shall be subject to prior review and approval by COMMERCE, and that all proceeds from such sale shall be applied to the purchase price of a different facility or facilities of equal or greater value than the original facility and that any such new facility or facilities will be used for the purpose or purposes stated elsewhere in this Grant Agreement. C. In the event the GRANTEE is found to be out of compliance with this section, the GRANTEE shall repay to the state general fund the principal amount of the grant as stated on the Face Sheet, hereof, plus interest calculated at the rate of interest on state of Washington general obligation bonds issued most closely to the effective date of the legislation in which the subject facility was authorized. Repayment shall be made pursuant to Section 46 (Recapture provision).
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16. CHANGE OF USE FOR LEASED PROPERTY PERFORMANCE MEASURE A. The GRANTEE understands and agrees that any facility leased by the GRANTEE that is constructed, renovated, or otherwise improved using state funds under this Grant Agreement shall be used by the GRANTEE for the purpose or purposes stated elsewhere in this Grant Agreement for a period of at least ten (10) years from the date the final payment is made hereunder. B. In the event the GRANTEE is found to be out of compliance with this section, the GRANTEE shall repay to the state general fund the principal amount of the grant as stated on the Face Sheet, hereof, plus interest calculated at the rate of interest on state of Washington general obligation bonds issued most closely to the effective date of the legislation in which the subject facility was authorized. Repayment shall be made pursuant to Section 46 (Recapture Provision).
17. SIGNAGE, MARKERS AND PUBLICATIONS If, during the period covered by this Grant Agreement, the GRANTEE displays or circulates any communication, publication, or donor recognition identifying the financial participants in the Project, any such communication or publication must identify “The Taxpayers of Washington State” as a participant.
18. HISTORICAL AND CULTURAL ARTIFACTS Prior to approval and disbursement of any funds awarded under this Grant Agreement, GRANTEE shall complete the requirements of Governor’s Executive Order 05-05, where applicable, or GRANTEE shall complete a review under Section 106 of the National Historic Preservation Act, if applicable. GRANTEE agrees that the GRANTEE is legally and financially responsible for compliance with all laws, regulations, and agreements related to the preservation of historical or cultural resources and agrees to hold harmless COMMERCE and the state of Washington in relation to any claim related to such historical or cultural resources discovered, disturbed, or damaged as a result of the project funded by this Grant Agreement.
In addition to the requirements set forth in this Grant Agreement, GRANTEE shall, in accordance with Governor’s Executive Order 05-05, coordinate with COMMERCE and the Washington State Department of Archaeology and Historic Preservation (“DAHP”), including any recommended consultation with any affected tribe(s), during Project design and prior to construction to determine the existence of any tribal cultural resources affected by the Project. GRANTEE agrees to avoid, minimize, or mitigate impacts to the cultural resource as a continuing prerequisite to receipt of funds under this Grant Agreement.
The GRANTEE agrees that, unless the GRANTEE is proceeding under an approved historical and cultural monitoring plan or other memorandum of agreement, if historical or cultural artifacts are discovered during construction, the GRANTEE shall immediately stop construction and notify the local historical preservation officer and the state's historical preservation officer at DAHP, and the COMMERCE Representative identified on the Face Sheet. If human remains are uncovered, the GRANTEE shall report the presence and location of the remains to the coroner and local enforcement immediately, then contact DAHP and the concerned tribe's cultural staff or committee.
The GRANTEE shall require this provision to be contained in all subcontracts for work or services related to the Scope of Work attached hereto.
In addition to the requirements set forth in this Grant Agreement, GRANTEE agrees to comply with RCW 27.44 regarding Indian Graves and Records; RCW 27.53 regarding Archaeological Sites and Resources; RCW 68.60 regarding Abandoned and Historic Cemeteries and Historic Graves; and WAC 25-48 regarding Archaeological Excavation and Removal Permits.
Completion of the requirements of Section 106 of the National Historic Preservation Act shall substitute for completion of Governor’s Executive Order 05-05.
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In the event that the GRANTEE finds it necessary to amend the Scope of Work the GRANTEE may be required to re-comply with Governor's Executive Order 05-05 or Section 106 of the National Historic Preservation Act.
19. REAPPROPRIATION A. The parties hereto understand and agree that any state funds not expended by the BIENNIUM CLOSE DATE listed on the Declarations page will lapse on that date unless specifically reappropriated by the Washington State Legislature. If funds are so reappropriated, the state's obligation under the terms of this Grant Agreement shall be contingent upon the terms of such reappropriation. B. In the event any funds awarded under this Grant Agreement are reappropriated for use in a future biennium, COMMERCE reserves the right to assign a reasonable share of any such reappropriation for administrative costs.
20. TERMINATION FOR FRAUD OR MISREPRESENTATION In the event the GRANTEE commits fraud or makes any misrepresentation in connection with the Grant application or during the performance of this Grant Agreement, COMMERCE reserves the right to terminate or amend this Grant Agreement accordingly, including the right to recapture all funds disbursed to the GRANTEE under the Grant.
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GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS
21. DEFINITIONS As used throughout this Grant, the following terms shall have the meaning set forth below: A. “Authorized Representative” shall mean the Director and/or the designee authorized in writing to act on the Director’s behalf. B. “COMMERCE” shall mean the Department of Commerce. C. "GRANTEE" shall mean the entity identified on the Face Sheet performing service(s) under this Grant, and shall include all employees and agents of the GRANTEE. D. “Personal Information” shall mean information identifiable to any person, including, but not limited to, information that relates to a person’s name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers. E. ”State” shall mean the state of Washington. F. "Subgrantee/subcontractor" shall mean one not in the employment of the GRANTEE, who is performing all or part of those services under this Grant under a separate Grant with the GRANTEE. The terms “subgrantee/subcontractor” refers to any tier. G. “Subrecipient” shall mean a non-federal entity that expends federal awards received from a pass- through entity to carry out a federal program, but does not include an individual that is a beneficiary of such a program. It also excludes vendors that receive federal funds in exchange for goods and/or services in the course of normal trade or commerce. H. “Vendor” is an entity that agrees to provide the amount and kind of services requested by COMMERCE; provides services under the grant only to those beneficiaries individually determined to be eligible by COMMERCE and, provides services on a fee-for-service or per-unit basis with contractual penalties if the entity fails to meet program performance standards. I. “Grant Agreement” or “Agreement” means the entire written agreement between COMMERCE and the GRANTEE, including any Attachments, Exhibits, documents, or materials incorporated by reference.
22. ACCESS TO DATA In compliance with RCW 39.26.180, the GRANTEE shall provide access to data generated under this Grant to COMMERCE, the Joint Legislative Audit and Review Committee, and the Office of the State Auditor at no additional cost. This includes access to all information that supports the findings, conclusions, and recommendations of the GRANTEE’s reports, including computer models and the methodology for those models.
23. ADVANCE PAYMENTS PROHIBITED No payments in advance of or in anticipation of goods or services to be provided under this Grant shall be made by COMMERCE.
24. ALL WRITINGS CONTAINED HEREIN This Grant contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist or to bind any of the parties hereto.
25. AMENDMENTS This Grant may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties.
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26. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, ALSO REFERRED TO AS THE “ADA” 28 CFR PART 35 The GRANTEE 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.
27. ASSIGNMENT Neither this Grant, nor any claim arising under this Grant, shall be transferred or assigned by the GRANTEE without prior written consent of COMMERCE.
28. ATTORNEYS’ FEES Unless expressly permitted under another provision of the Grant, in the event of litigation or other action brought to enforce Grant terms, each party agrees to bear its own attorney’s fees and costs.
29. AUDIT A. General Requirements COMMERCE reserves the right to require an audit. If required, GRANTEEs are to procure audit services based on the following guidelines. The GRANTEE shall maintain its records and accounts so as to facilitate audits and shall ensure that subgrantees also maintain auditable records. The GRANTEE is responsible for any audit exceptions incurred by its own organization or that of its subgrantees. COMMERCE reserves the right to recover from the GRANTEE all disallowed costs resulting from the audit. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The GRANTEE must respond to COMMERCE requests for information or corrective action concerning audit issues within thirty (30) days of the date of request. B. State Funds Requirements In the event an audit is required, if the GRANTEE 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 GRANTEE. The GRANTEE shall include the above audit requirements in any subcontracts. In any case, the GRANTEE’s records must be available for review by COMMERCE. C. Documentation Requirements The GRANTEE must send a copy of the audit report described above no later than nine (9) months after the end of the GRANTEE’s fiscal year(s) by sending a scanned copy to [email protected] or a hard copy to:
Department of Commerce ATTN: Accounting Services 1011 Plum Street SE PO Box 42525 Olympia WA 98504-2525
In addition to sending a copy of the audit, when applicable, the GRANTEE must include: Corrective action plan for audit findings within three (3) months of the audit being received by COMMERCE. Copy of the Management Letter.
If the GRANTEE is required to obtain a Single Audit consistent with Circular A-133 requirements, a copy must be provided to COMMERCE; no other report is required.
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30. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION A. “Confidential Information” as used in this section includes: 1. All material provided to the GRANTEE by COMMERCE that is designated as “confidential” by COMMERCE; 2. All material produced by the GRANTEE that is designated as “confidential” by COMMERCE; and 3. All personal information in the possession of the GRANTEE that may not be disclosed under state or federal law. “Personal information” includes but is not limited to information related to a person’s name, health, finances, education, business, use of government services, addresses, telephone numbers, social security number, driver’s license number and other identifying numbers, and “Protected Health Information” under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). B. The GRANTEE shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The GRANTEE shall use Confidential Information solely for the purposes of this Grant and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of COMMERCE or as may be required by law. The GRANTEE 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 GRANTEE shall provide COMMERCE with its policies and procedures on confidentiality. COMMERCE may require changes to such policies and procedures as they apply to this Grant whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The GRANTEE shall make the changes within the time period specified by COMMERCE. Upon request, the GRANTEE shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably determines has not been adequately protected by the GRANTEE against unauthorized disclosure. C. Unauthorized Use or Disclosure. The GRANTEE shall notify COMMERCE 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.
31. CONFLICT OF INTEREST Notwithstanding any determination by the Executive Ethics Board or other tribunal, COMMERCE may, in its sole discretion, by written notice to the GRANTEE terminate this Grant Agreement if it is found after due notice and examination by COMMERCE that there is a violation of the Ethics in Public Service Act, Chapters 42.52 RCW and 42.23 RCW; or any similar statute involving the GRANTEE in the procurement of, or performance under this Grant Agreement.
Specific restrictions apply to contracting with current or former state employees pursuant to chapter 42.52 of the Revised Code of Washington. The GRANTEE and their subcontractor(s) must identify any person employed in any capacity by the state of Washington that worked on this Grant, or any matter related to the project funded under this Grant or any other state funded project, including but not limited to formulating or drafting legislation, participating in grant procurement, planning and execution, awarding grants, or monitoring grants, during the 24 month period preceding the start date of this Grant. 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 COMMERCE that a conflict of interest exists, the GRANTEE may be disqualified from further consideration for the award of a Grant.
In the event this Grant Agreement is terminated as provided above, COMMERCE shall be entitled to pursue the same remedies against the GRANTEE as it could pursue in the event of a breach of the Grant Agreement by the GRANTEE. The rights and remedies of COMMERCE 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 COMMERCE makes any determination under this clause shall be an issue and may be reviewed as provided in the “Disputes” clause of this Grant Agreement.
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32. COPYRIGHT PROVISIONS Unless otherwise provided, all Materials produced under this Grant shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE 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 GRANTEE hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE 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 Grant, but that incorporate pre-existing materials not produced under the Grant, the GRANTEE hereby grants to COMMERCE 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 GRANTEE warrants and represents that the GRANTEE has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE.
The GRANTEE shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials furnished under this Grant, 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 Grant. The GRANTEE shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the GRANTEE with respect to any Materials delivered under this Grant. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the GRANTEE.
33. DISPUTES Except as otherwise provided in this Grant, 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 COMMERCE, 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 GRANTEE's name, address, and Grant number; and be mailed to the Director and the other party’s (respondent’s) Grant Representative within three (3) working days after the parties agree that they cannot resolve the dispute.
The respondent shall send a written answer to the requestor’s statement to both the 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 Grant 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.
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34. DUPLICATE PAYMENT COMMERCE shall not pay the GRANTEE, if the GRANTEE has charged or will charge the State of Washington or any other party under any other Grant, subgrant/subcontract, or agreement, for the same services or expenses.
35. GOVERNING LAW AND VENUE This Grant 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.
36. INDEMNIFICATION To the fullest extent permitted by law, the GRANTEE shall indemnify, defend, and hold harmless the state of Washington, COMMERCE, agencies of the state and all officials, agents and employees of the state, from and against all claims. “Claim” as used in this Grant Agreement, means any financial loss, claim, suit, action, damage, or expense, including but not limited to attorney’s fees, attributable for bodily injury, sickness, disease, or death, or injury to or the destruction of tangible property including loss of use resulting therefrom.
The GRANTEE’s obligation to indemnify, defend, and hold harmless includes any claim by GRANTEE’s agents, employees, representatives, or any subgrantee/subcontractor or its employees. GRANTEE expressly agrees to indemnify, defend, and hold harmless the State for any claim arising out of or incident to GRANTEE’S or any subgrantee’s/subcontractor’s performance or failure to perform the Grant. GRANTEE’S obligation to indemnify, defend, and hold harmless the State shall not be eliminated or reduced by any actual or alleged concurrent negligence of State or its agents, agencies, employees and officials.
The GRANTEE 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.
37. INDEPENDENT CAPACITY OF THE GRANTEE The parties intend that an independent contractor relationship will be created by this Grant. The GRANTEE and its employees or agents performing under this Grant Agreement are not employees or agents of the state of Washington or COMMERCE. The GRANTEE will not hold itself out as or claim to be an officer or employee of COMMERCE or of the state of Washington by reason hereof, nor will the GRANTEE 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 GRANTEE.
38. INDUSTRIAL INSURANCE COVERAGE The GRANTEE shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If the GRANTEE fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, COMMERCE may collect from the GRANTEE the full amount payable to the Industrial Insurance Accident Fund. COMMERCE may deduct the amount owed by the GRANTEE to the accident fund from the amount payable to the GRANTEE by COMMERCE under this Grant Agreement, 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 GRANTEE.
39. LAWS The GRANTEE shall comply with all applicable laws, ordinances, codes, regulations and policies of local and state and federal governments, as now or hereafter amended.
40. LICENSING, ACCREDITATION AND REGISTRATION The GRANTEE shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Grant Agreement.
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41. LIMITATION OF AUTHORITY Only the Authorized Representative or Authorized Representative’s delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Grant Agreement. Furthermore, any alteration, amendment, modification, or waiver or any clause or condition of this Grant Agreement is not effective or binding unless made in writing and signed by the Authorized Representative.
42. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS During the performance of this Grant, the GRANTEE shall comply with all federal, state, and local nondiscrimination laws, regulations and policies. In the event of the GRANTEE’s non-compliance or refusal to comply with any nondiscrimination law, regulation or policy, this Grant may be rescinded, canceled or terminated in whole or in part, and the GRANTEE may be declared ineligible for further Grants with COMMERCE. The GRANTEE shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the “Disputes” procedure set forth herein.
The funds provided under this contract may not be used to fund religious worship, exercise, or instruction. No person shall be required to participate in any religious worship, exercise, or instruction in order to have access to the facilities funded by this grant.
43. PAY EQUITY The GRANTEE agrees to ensure that “similarly employed” individuals in its workforce are compensated as equals, consistent with the following: a. Employees are “similarly employed” if the individuals work for the same employer, the performance of the job requires comparable skill, effort, and responsibility, and the jobs are performed under similar working conditions. Job titles alone are not determinative of whether employees are similarly employed; b. GRANTEE may allow differentials in compensation for its workers if the differentials are based in good faith and on any of the following: (i) A seniority system; a merit system; a system that measures earnings by quantity or quality of production; a bona fide job-related factor or factors; or a bona fide regional difference in compensation levels. (ii) A bona fide job-related factor or factors may include, but not be limited to, education, training, or experience that is: Consistent with business necessity; not based on or derived from a gender-based differential; and accounts for the entire differential. (iii) A bona fide regional difference in compensation level must be: Consistent with business necessity; not based on or derived from a gender-based differential; and account for the entire differential.
This Grant Agreement may be terminated by COMMERCE, if COMMERCE or the Department of Enterprise services determines that the GRANTEE is not in compliance with this provision.
44. POLITICAL ACTIVITIES Political activity of GRANTEE employees and officers are limited by the State Campaign Finances and Lobbying provisions of Chapter 42.17a 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.
45. PUBLICITY The GRANTEE agrees not to publish or use any advertising or publicity materials in which the state of Washington or COMMERCE’s name is mentioned, or language used from which the connection with the state of Washington’s or COMMERCE’s name may reasonably be inferred or implied, without the prior written consent of COMMERCE.
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46. RECAPTURE In the event that the GRANTEE fails to perform this Grant in accordance with state laws, federal laws, and/or the provisions of this Grant, COMMERCE reserves the right to recapture funds in an amount to compensate COMMERCE for the noncompliance in addition to any other remedies available at law or in equity.
Repayment by the GRANTEE of funds under this recapture provision shall occur within the time period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments due under this Grant.
47. RECORDS MAINTENANCE The GRANTEE shall maintain books, records, documents, data and other evidence relating to this Grant and performance of the services described herein, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Grant.
GRANTEE shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the Grant, shall be subject at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement.
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.
48. REGISTRATION WITH DEPARTMENT OF REVENUE If required by law, the GRANTEE shall complete registration with the Washington State Department of Revenue.
49. RIGHT OF INSPECTION The GRANTEE shall provide right of access to its facilities to COMMERCE, 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 Grant.
50. 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 Grant and prior to normal completion, COMMERCE may terminate the Grant under the "Termination for Convenience" clause, without the ten calendar day notice requirement. In lieu of termination, the Grant may be amended to reflect the new funding limitations and conditions.
51. SEVERABILITY The provisions of this Grant are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Grant.
52. SITE SECURITY While on COMMERCE premises, GRANTEE, its agents, employees, or subcontractors shall conform in all respects with physical, fire or other security policies or regulations.
53. SUBGRANTING/SUBCONTRACTING Neither the GRANTEE nor any subgrantee/subcontractor shall enter into subgrants/subcontracts for any of the work contemplated under this Grant Agreement without obtaining prior written approval of COMMERCE. In no event shall the existence of the subgrant/subcontract operate to release or reduce
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the liability of the GRANTEE to COMMERCE for any breach in the performance of the GRANTEE’s duties. This clause does not include Grants of employment between the GRANTEE and personnel assigned to work under this Grant.
Additionally, the GRANTEE is responsible for ensuring that all terms, conditions, assurances and certifications set forth in this agreement are carried forward to any subgrants/subcontracts. GRANTEE and its subgrantees/subcontractors agree not to release, divulge, publish, transfer, sell or otherwise make known to unauthorized persons personal information without the express written consent of COMMERCE or as provided by law.
54. SURVIVAL The terms, conditions, and warranties contained in this Grant that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Grant shall so survive.
55. TAXES All payments accrued on account of payroll taxes, unemployment contributions, the GRANTEE’s income or gross receipts, any other taxes, insurance or expenses for the GRANTEE or its staff shall be the sole responsibility of the GRANTEE.
56. TERMINATION FOR CAUSE In the event COMMERCE determines the GRANTEE has failed to comply with the conditions of this Grant in a timely manner, COMMERCE has the right to suspend or terminate this Grant. Before suspending or terminating the Grant, COMMERCE shall notify the GRANTEE in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days, the Grant may be terminated or suspended.
In the event of termination or suspension, the GRANTEE shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original Grant and the replacement or cover Grant and all administrative costs directly related to the replacement Grant, e.g., cost of the competitive bidding, mailing, advertising and staff time.
COMMERCE reserves the right to suspend all or part of the Grant, withhold further payments, or prohibit the GRANTEE from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the GRANTEE or a decision by COMMERCE to terminate the Grant. A termination shall be deemed a “Termination for Convenience” if it is determined that the GRANTEE: (1) was not in default; or (2) failure to perform was outside of his or her control, fault or negligence. The rights and remedies of COMMERCE provided in this Grant are not exclusive and are, in addition to any other rights and remedies, provided by law.
57. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Grant, COMMERCE may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this Grant, in whole or in part. If this Grant is so terminated, COMMERCE shall be liable only for payment required under the terms of this Grant for services rendered or goods delivered prior to the effective date of termination.
58. TERMINATION PROCEDURES Upon termination of this Grant, COMMERCE, in addition to any other rights provided in this Grant, may require the GRANTEE to deliver to COMMERCE any property specifically produced or acquired for the performance of such part of this Grant as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. COMMERCE shall pay to the GRANTEE the agreed upon price, if separately stated, for completed work and services accepted by COMMERCE, and the amount agreed upon by the GRANTEE and COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially
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completed work and services, (iii) other property or services that are accepted by COMMERCE, and (iv) the protection and preservation of property, unless the termination is for default, in which case the AUTHORIZED REPRESENTATIVE shall determine the extent of the liability of COMMERCE. Failure to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this Grant. COMMERCE may withhold from any amounts due the GRANTEE such sum as the AUTHORIZED REPRESENTATIVE determines to be necessary to protect COMMERCE against potential loss or liability. The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Grant Agreement. After receipt of a notice of termination, and except as otherwise directed by the AUTHORIZED REPRESENTATIVE, the GRANTEE shall:
1. Stop work under the Grant on the date, and to the extent specified, in the notice; 2. Place no further orders or subgrants/subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the Grant that is not terminated; 3. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the AUTHORIZED REPRESENTATIVE, all of the rights, title, and interest of the GRANTEE under the orders and subgrants/subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subgrants/subcontracts; 4. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the AUTHORIZED REPRESENTATIVE to the extent AUTHORIZED REPRESENTATIVE may require, which approval or ratification shall be final for all the purposes of this clause; 5. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by the AUTHORIZED REPRESENTATIVE any property which, if the Grant had been completed, would have been required to be furnished to COMMERCE; 6. Complete performance of such part of the work as shall not have been terminated by the AUTHORIZED REPRESENTATIVE; and 7. Take such action as may be necessary, or as the AUTHORIZED REPRESENTATIVE may direct, for the protection and preservation of the property related to this Grant, which is in the possession of the GRANTEE and in which COMMERCE has or may acquire an interest.
59. TREATMENT OF ASSETS Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property furnished by the GRANTEE, for the cost of which the GRANTEE is entitled to be reimbursed as a direct item of cost under this Grant, shall pass to and vest in COMMERCE upon delivery of such property by the GRANTEE. Title to other property, the cost of which is reimbursable to the GRANTEE under this Grant, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the performance of this Grant, or (ii) commencement of use of such property in the performance of this Grant, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first occurs. A. Any property of COMMERCE furnished to the GRANTEE shall, unless otherwise provided herein or approved by COMMERCE, be used only for the performance of this Grant. B. The GRANTEE shall be responsible for any loss or damage to property of COMMERCE that results from the negligence of the GRANTEE or which results from the failure on the part of the GRANTEE to maintain and administer that property in accordance with sound management practices. C. If any COMMERCE property is lost, destroyed or damaged, the GRANTEE shall immediately notify COMMERCE and shall take all reasonable steps to protect the property from further damage. D. The GRANTEE shall surrender to COMMERCE all property of COMMERCE prior to settlement upon completion, termination or cancellation of this Grant All reference to the GRANTEE under this clause shall also include GRANTEE'S employees, agents or subgrantees/subcontractors.
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60. 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 Grant unless stated to be such in writing and signed by Authorized Representative of COMMERCE.
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ATTACHMENT A - SCOPE OF WORK
Funds awarded under this grant will be used for capital expenditures related to the purchase and installation of one permanently installed generator, and two mobile generators. The non-mobile generator will be installed at the Start Up Event Center. One mobile generator will be used at Index School, and the other mobile generator is for use at Sultan Middle School and Sultan City Hall. Index school is located at 436 Index Ave, Index, WA 98256. Start Up Event Center is located at 14315 366th Ave SE, Startup, WA, 98293. Sultan Middle School located at 301 High Ave Sultan, WA 98294 and Sultan City Hall is located at 319 Main Street Sultan, WA 98294.
Project activities include, but are not limited to: Purchase of two generators Installation of a generator, transfer switch and LNG tank at the Start Up Event Center Installation of transfer switches at Sultan Middle School, Sultan City Hall and Index School Purchase of power boxes, light poles and heaters for the two mobile generators
The project began in March 2021, and is expected to be complete by June 2021.
All project work completed with prior legislative approval. The “Copyright Provisions”, Section 32 of the General Terms and Conditions, are not intended to apply to any architectural and engineering design work funded by this grant.
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and approved by the GRANTEE’s governing body as of the date and year written below.
______GRANTEE
______TITLE
______DATE
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ATTACHMENT B - CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE PROJECT
Type of Funding Source Description Amount Grant Washington State Department of Commerce $72,750.00 Other Grants Grant #1 Snohomish County Emergency Management $3,500.00 Grant #2 $ Total Other Grants $3,500.00 Other Loans Loan #1 $
Loan #2 $
Total Loans $0.00 Other Local Revenue $15,000.00 - Source #1 $25,250.00 Total Local Revenue $25,250.00 Other Funds Source #1 $ Source #2 $ Total Other Funds $0.00 Total Project Funding $100,000.00
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that project funding from sources other than those provided by this Grant Agreement and identified above has been reviewed and approved by the GRANTEE’s governing body or board of directors, as applicable, and has either been expended for eligible Project expenses, or is committed in writing and available and will remain committed and available solely and specifically for carrying out the purposes of this Project as described in elsewhere in this Grant Agreement, as of the date and year written below. The GRANTEE shall maintain records sufficient to evidence that it has expended or has access to the funds needed to complete the Project, and shall make such records available for COMMERCE’s review upon reasonable request.
______GRANTEE
______TITLE
______DATE
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A-1/AB21-34 CM 4/22/2021 - Page 83 of 125 Page 33 of 41 ATTACHMENT A
ATTACHMENT C- CERTIFICATION OF THE PAYMENT AND REPORTING OF PREVAILING WAGES
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that all contractors and subcontractors performing work on the Project shall comply with prevailing wage laws set forth in Chapter 39.12 RCW, as applicable to the Project funded by this Grant Agreement, 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 GRANTEE shall maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and shall make such records available for COMMERCE’s review upon request.
If any state funds are used by the GRANTEE for the purpose of construction, applicable State Prevailing Wages must be paid.
The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and approved by the GRANTEE’s governing body as of the date and year written below.
______GRANTEE
______TITLE
______DATE
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A-1/AB21-34 CM 4/22/2021 - Page 84 of 125 Page 34 of 41 ATTACHMENT A
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A-1/AB21-34 CM 4/22/2021 - Page 85 of 125 Page 35 of 41 ATTACHMENT A
ATTACHMENT D - CERTIFICATION OF INTENT TO ENTER THE LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN (LEED) CERTIFICATION PROCESS
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that it will enter into the Leadership in Energy and Environmental Design certification process, as stipulated in RCW 39.35D, as applicable to the Project funded by this Grant Agreement. The GRANTEE shall, upon receipt of LEED certification by the United States Green Building Council, provide documentation of such certification to COMMERCE.
The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and approved by the GRANTEE’s governing body or board of directors, as applicable, as of the date and year written below.
EXEMPT: DO NOT SIGN
______GRANTEE
______TITLE
______DATE
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A-1/AB21-34 CM 4/22/2021 - Page 86 of 125 Page 36 of 41
ATTACHMENT B
SULTAN PUBLIC WORKS MEMO
SUBJECT Emergency Generator/ Shelter Plan
DATE: DEPT: CONTACT: PRESENTER: ITEM:
2/5/2021 Public Works Nate Morgan N/A N/A
DESCRIPTION/BACKGROUND During the January 2020 snow and windstorm, US 2 was shut down due to trees and snow covering the road. This trapped many people up in the town of Skykomish with limited supplies no power and no way out. After this event Mayor Wiita had the idea to ask our State legislators for a grant to purchase generators that would provide power to various shelter locations up through the Sky Valley.
In the 2020 session the city was successful in acquiring $75,000.00 in funding to purchase generator and the equipment needed to make this idea a reality.
In October 2020, Mayor Wiita called a meeting with all the cities, towns, school districts, fire districts, county emergency management, and the Snohomish County PUD #1. At this meeting there were discussions on possible shelter sites where these generators could be deployed if the need arise again.
This discussion was focused on trying to find locations in each city or town in the Sky Valley that would be large enough to support the community in a time of need. The group was hoping to purchase generators that would be able to power different locations. The group quickly thought of some of the larger public facilities in each of the cities and towns as listed Below:
Sultan • Sultan High School • Sultan Middle School • Sultan Elementary School • Sultan City Hall
Start Up • The Start Up Event Center
Index • The Index School
The group felt to set up a shelter location it made the most sense to use large facility’s
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ATTACHMENT B
that could support large numbers of people. The schools became the focus of the conversation because they have the largest open space building in the valley and there would also be the potential for food service because they have kitchens.
As the discussion continued, the PUD shared that the power voltage to almost all of locations were different from each other and this would pose a challenge to purchase generators that could be used at mutual locations because generators typically come set up for a specific voltage. The other challenge was going to be the size of the generator needed if we were to power the whole facility.
From October to January, Steve Yarborough from Titan Electric volunteered to go to each of the school sites and look at their wiring to determine if we will be able to just wire in a manual transfer switch and use the existing facilities wiring to power at a minimum, the heat, light and outlets in the gyms of all the schools and in the council chambers at Sultan City Hall. He also worked with a generator company to get quotes prepared for each location.
Unfortunately, when he looked at each of the locations, he found this would only work at the Startup Gym and at the Index School Gym. In the Sultan and Gold Bar locations, the lights were on one panel, the heat was on another panel and the outlets were on yet another panel. This made it extremely expensive in order to make this scenario work because we would have to get an electrical engineer involved and re-wire all of these elements in each of the school building so that they could be powered from one panel.
In January, Steve Yarborough and I met to determine the best course of action moving forward due to the challenges of the Sultan location having the lights, heat, and the electrical outlets on separate circuits.
We determined our best course of action would be to install a fixed generator at the Startup Event Center with its own fuel source. Install a manual transfer switch at the Index School Gym and purchase a 30kW, 120/240V, 1 phase towable generator that could be staged at the school.
We then had discussions about what to do in Sultan. After a while of brainstorming and talking through different options, we came to this recommendation. We recommend installing a set of panels, one inside and one outside of the gymnasium at the middle school. These panels would be installed as “Dry contacts” meaning they would not be connected to the school’s power system rather they would serve as a connection point for the generator on the outside of the buildings and it would also service as a distribution point for power inside of the gymnasium.
This will also make the required generator size go down because we control the voltage, and it will allow us to power city hall and the schools with the same generator. This will also save money because the city can repurpose the two generators we already have and are no longer using for the lift station for this project.
At the Gym’s, outside the building there would be a locked panel that the generator connection is in. Inside the building you would have a breaker panel that would supply power to 50amp plugs inside the gum. With this plan, we would have to purchase 12 mobile Power Distribution Boxes (PDB’s) and run 50-amp cables to each of the PDB’s (15 - 100’ cables and 6 - 50’ cables). each PDB comes with its own set of circuit breaks
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ATTACHMENT B
for 4 sets of 120-volt outlets. We also propose that at each of these Boxes we have an area light and a Heater/fan unit. This will give use the basic needs to set up a shelter, but know that at each of these boxes there is still enough power to run a microwave or coffee pot and still have outlets available.
At city hall we would install a manual transfer switch near the maintenance room on the back of the council chambers. This would be tied into Panel C that supplies power to all the light and outlets in the council chambers including the kitchen area, to provide a small shelter area or an emergency operation center (EOC).
Below are pictures of the different equipment that would go along with the repurposed generator.
Power Distribution Box
Proposed Heater fan unit Light Poles
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ATTACHMENT B
Possible layout
OTHER CONSIDERATIONS
Another benefit to going with this option is that this set up could be moved to a location with no building at all. Let us say the Culmback Dam fails, and we must evacuate the citizens up to the top of the Evac trail, the current plan is that once everyone is to the top of the hill, they are to gather at the Grace Fellowship Church because they have a large grass field and the Red Cross as a trailer of supplies there. The city could use this set up to supply power, lights, and heat to tents in that location.
NEED’S AND COST • Startup Gym o Generator cost - $12,815.75 o Electrical install - $9,990.00 o LNG tank - $2,500.00 • Sultan Gyms o 75 kW 120/240 1phase generator - $0 repurpose Lift station generator. o Upgrade and over hall the 75KW generator - $2,500.00 o Install Dry connection - $11,304.00 each location (school to cover cost) o 12 power distribution Boxes - $5,278.68 o 15 100’ 50 Amp cords - $9,547.20 o 6 – 50’ 50-amp cords - $2,252.16 o 24- Temporary lights @ 303.96= 7,295.04 o 24- Heater/ fan units - $3,068.88 • Sultan City hall o Installation of manual transfer switch - $8,691.00 o 75 kW 120/240 1phase generator - $0 repurpose Lift station generator.
A-1/AB21-34 CM 4/22/2021 - Page 90 of 125 Page 40 of 41
ATTACHMENT B • Index School Gym o Installation of a manual transfer switch - $4,362.00 (School to cover costs o purchase a 30kW, 120/ 240V, 1 phase towable generator - $31,112.80. Total Project Cost, not including tax - $94,960.76.
A-1/AB21-34 CM 4/22/2021 - Page 91 of 125 Page 41 of 41 SULTAN CITY COUNCIL
Agenda Bill No. 21-45
SUBJECT Purchasing two generators from Power Systems West
DATE: DEPT: CONTACT: PRESENTER: ITEM:
4/22/2021 Administration Will Ibershof Will Ibershof Action #2
Discussion: CM 3/11/2021, 4/22/2021
Attachments: A. Quote from Power Systems West for the Startup Event Center B. Quote from Power Systems West for the Index School District
REQUESTED ACTION: Authorize the Mayor to purchase two generators from Power Systems West for the amount of $47,882.12.
DESCRIPTION/BACKGROUND With Council’s approval of the grant with Commerce, we now need to purchase the two generators. The first generator is for the Startup Event Center. This generator will be a stationary unit wired to the building. The second generator will be a mobile unit located in Index. It will reside with the Index School District since their facility can store it and the district will have their building wired for the unit.
The funds to purchase these units is coming from the grant. The grant is for $72,750.00.
Budget Amendment Staff will need to do a budget amendment for this amount as well as others when we reconcile the 2021 budget.
A-2/AB21-45 CM 4/22/2021 - Page 92 of 125 Page 1 of 8 ATTACHMENT A
April 13th, 2021
City of Sultan (Sourcewell Member# 184604)
Attn: Will Ibershof
Quote: 26744814
Power Systems West is pleased to submit the following proposal for: Event Center - 24RCL
Qty-1 Kohler Standby Generator Model Number: 24RCL-QS8 (single phase) Generator Configuration: 24kW, 120/ 240V, 1 phase, 2 wire
General Exceptions and Clarifications 1. Off-loading and placement at the job site is excluded. 2. All fuel, fuel piping and connections are excluded. 3. No retainage is allowed. 4. Start-up testing and warranty validation includes one trip to jobsite during normal working hours. If equipment is not ready for start-up when we arrive at the jobsite, there may be additional charges for a return trip. 5. Kohler factory recommended field testing provided. NETA ATS testing, or any other 3rd party testing not included unless otherwise noted. 6. Training to be performed at start-up or subject to additional charges. 7. Additional O & M’s will be $150.00 net each. 8. All piping, wiring, anchoring, and permits are by others. 9. Equipment is shipped FOB factory, with freight prepaid and allowed to the job site unless otherwise noted. 10. Compliance with National Electrical Code, NFPA, IFC, and state and local fire codes is the responsibility of the installing contractor. Special fuel tank labeling and venting/ filling equipment may be required, but is excluded unless otherwise noted. 11. Breaker coordination studies excluded. 12. Local codes may require outdoor generators to have a Service Rated disconnect. We are not providing a Service Rated disconnect unless it is specifically noted in this quotation. 13. TVSS devices for the generator or transfer switch(es) are excluded unless otherwise noted. 14. IBC seismic certification excluded unless otherwise noted. 15. Prices do not include any applicable taxes. 16. All orders are subject to Power Systems West Terms and Conditions. 17. Shipments are subject to manufacturer’s lead times and transit times. Power Systems West assumes no responsibility for delays that are beyond our control and will not pay for liquidated damages.
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A-2/AB21-45 CM 4/22/2021 - Page 93 of 125 Page 2 of 8 ATTACHMENT A
Power Systems West (PSW) – Terms & Conditions
1. WARRANTIES. To the extent that the Goods may be covered by manufacturers’ warranty, PSW hereby assigns all rights & benefits under such to Buyer, if assignable, and undertakes to assist Buyer in the coordination of any claims under such warranties. Seller makes no further warranty of any kind with respect to the Goods. PSW DISCLAIMS ANY AND ALL WARRANTIES. THERE ARE NO EXPRESS WARRANTIES AND THERE ARE NO IMPLIED WARRANTIES INCLUDING THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THERE ARE NO OTHER IMPLIED OR EXPRESS WARRANTIES OF ANY NATURE WHATSOEVER.
2. LIMITATION OF PSW’S LIABILITY. Other than the remedy set forth in this paragraph, Customer agrees that no damages, direct, consequential, liquidated, incidental, or other damages or remedy of any kind arising by reason of or related to this Equipment whether arising out of contract, warranty, late or non-delivery, negligence, strict liability, or tort shall now or any time in the future be recoverable from PSW or any of its agents. Customer assumes all risks inherent in the possession or operation of the Equipment. Customer's right, now existing or arising at any time in the future, to recover such damages is hereby fully, finally, irrevocably and unconditionally waived, released and discharged. Notice of any defect in the Work or Equipment shall be made within 24 hours of the act or omission giving rise to the defect. The sole and exclusive remedy is replacement of the nonconforming goods or refund of that portion of Customer's payment attributable to such goods at PSW's sole option.
3. Payment Terms. Upon credit approval, full payment is due 30 days from invoice date, unless otherwise agreed to by both parties in writing. There shall be NO retainage. Payments not made on their due date shall accrue interest at the rate of 18% per annum. A cancellation charge of 20% of the price will be imposed if customer cancels order without prior written consent of PSW. PSW must receive 100% payment before start-up services will be performed (failure to complete proper, authorized startup procedures may void any manufacturer warranty). Terms may not be changed except by written agreement of the parties.
4. Shipping and Delivery. All Equipment shall be shipped F.O.B. manufacturer’s factory unless otherwise agreed in writing by PSW and Customer. PSW is not responsible for goods lost or damaged in transit. In the event PSW agrees to delay shipment at Customer’s request, Customer is responsible for payment of any storage costs. PSW does not agree, will not agree to and is not obligated to provide any specific goods or any delivery dates or times for any goods. All orders are subject to availability to PSW at its then existing locations, sources, suppliers and costs. All delivery dates and times which may be provided, if any, are estimates only and do not establish agreed delivery date(s).
5. Indemnity and Hold harmless. To the fullest extent permitted by law, Customer shall fully and forever indemnify, defend (with counsel reasonably acceptable to PSW) and hold PSW’s employees, directors, successors and assigns harmless from any damage, claim, loss, expense and attorney fees (including those prior to any action, in an action and on any appeal) related to the performance or non-performance of Customer's obligations under this Agreement; the ownership, performance or operation of the Equipment; or PSW's liability, if any, under CERCLA, RCRA, or any other federal or state statute related to toxic, hazardous or other dangerous substances.
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A-2/AB21-45 CM 4/22/2021 - Page 94 of 125 Page 3 of 8 ATTACHMENT A
Thank you for the opportunity to offer quality Kohler products and our service. For over 75 years, Kohler has been recognized as a leader in the manufacture of standby generator systems. By choosing a Kohler generator provided by Power Systems West, you can be assured you will receive the highest quality standby power system available. Power Systems West has specialized in providing and servicing generator systems in the Northwest for over 50 years. Power Systems West – your best choice for power. If you have any questions, please feel free to call or e-mail.
Wayne Sumar (253) 260-0155 Cell [email protected]
Freight to Sultan, WA …………………………………………………..……………………….. $ 750.00 Basic Start-Up Services ……………………………………………………………………………… $1,250.00
Total Customer Price: …………………………………………….…………….. $12,815.75 (Not Including Taxes) *This quote is valid for 30 days
Offer Acceptance I hereby authorize Power Systems West to use this form as a bona fide purchase order of the equipment listed on QUOTATION # 26744814, which establishes price and Bill of Materials. Acceptance of this offer is expressly limited to Power Systems West terms and conditions.
Proposed by: Accepted by:
Company: Power Systems West Company: ______
Sales Professional: Wayne Sumar Print Name: ______
Title: Power Generation Sales Title: ______
Signature: Wayne Sumar Signature: ______
Date: April 13th, 2021 Date: __ __ / __ __ / ______
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A-2/AB21-45 CM 4/22/2021 - Page 95 of 125 Page 4 of 8 ATTACHMENT B
April 13th, 2021
City of Sultan (Sourcewell Member# 184604)
Attn: Will Ibershof
Quote: 26744813
Power Systems West is pleased to submit the following proposal for: Index - 35REOZT4 Towable
Qty-1 Kohler Standby Generator Model Number: 35REOZT4 (single phase) Generator Configuration: 30kW, 120/ 240V, 1 phase, 2 wire, Tier 4 Final Set mounted Radiator 45-deg C (at Prime Power Rating) Electronic Governor Heavy Duty Air Cleaner w/restriction indicator DEC3500 Controller with digital meters and gauges, E-Stop Push button Starting battery, 12-V, rack and cables Battery charger: 10-Amp Cold Weather Package includes: Block Heater & Battery Heater pad & wrap Sound Attenuated enclosure, steel construction Internally mounted muffler, flex connector, rain cap Stainless steel hinges and lockable latches on doors Fuel Tank - 24-hour operation; dual wall for containment DEF Tank – 5.0-gal capacity Primary and Secondary Tank Emergency E-vent DOT Compliant - Single Axle Trailer with electric brake system; lighting system Lunette for Pintle Hitch & Mounting
Additional Items • 1-Set, Operation and Maintenance Manuals • 3-Year Kohler Limited Warranty • Factory Freight F.O.B. to Delivery Fife, WA (Customer collection after Start-Up) • Basic Start-Up Service
Approximate Factory Lead Times: • Towable Generator (14-16 weeks)
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A-2/AB21-45 CM 4/22/2021 - Page 96 of 125 Page 5 of 8 ATTACHMENT B
General Exceptions and Clarifications 1. Off-loading and placement at the job site is excluded. 2. All fuel, fuel piping and connections are excluded. 3. No retainage is allowed. 4. Start-up testing and warranty validation includes one trip to jobsite during normal working hours. If equipment is not ready for start-up when we arrive at the jobsite, there may be additional charges for a return trip. 5. Kohler factory recommended field testing provided. NETA ATS testing, or any other 3rd party testing not included unless otherwise noted. 6. Training to be performed at start-up or subject to additional charges. 7. Additional O & M’s will be $150.00 net each. 8. All piping, wiring, anchoring, and permits are by others. 9. Equipment is shipped FOB factory, with freight prepaid and allowed to the job site unless otherwise noted. 10. Compliance with National Electrical Code, NFPA, IFC, and state and local fire codes is the responsibility of the installing contractor. Special fuel tank labeling and venting/ filling equipment may be required, but is excluded unless otherwise noted. 11. Breaker coordination studies excluded. 12. Local codes may require outdoor generators to have a Service Rated disconnect. We are not providing a Service Rated disconnect unless it is specifically noted in this quotation. 13. TVSS devices for the generator or transfer switch(es) are excluded unless otherwise noted. 14. IBC seismic certification excluded unless otherwise noted. 15. Prices do not include any applicable taxes. 16. All orders are subject to Power Systems West Terms and Conditions. 17. Shipments are subject to manufacturer’s lead times and transit times. Power Systems West assumes no responsibility for delays that are beyond our control and will not pay for liquidated damages.
2 | Page
A-2/AB21-45 CM 4/22/2021 - Page 97 of 125 Page 6 of 8 ATTACHMENT B
Power Systems West (PSW) – Terms & Conditions
1. WARRANTIES. To the extent that the Goods may be covered by manufacturers’ warranty, PSW hereby assigns all rights & benefits under such to Buyer, if assignable, and undertakes to assist Buyer in the coordination of any claims under such warranties. Seller makes no further warranty of any kind with respect to the Goods. PSW DISCLAIMS ANY AND ALL WARRANTIES. THERE ARE NO EXPRESS WARRANTIES AND THERE ARE NO IMPLIED WARRANTIES INCLUDING THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THERE ARE NO OTHER IMPLIED OR EXPRESS WARRANTIES OF ANY NATURE WHATSOEVER.
2. LIMITATION OF PSW’S LIABILITY. Other than the remedy set forth in this paragraph, Customer agrees that no damages, direct, consequential, liquidated, incidental, or other damages or remedy of any kind arising by reason of or related to this Equipment whether arising out of contract, warranty, late or non-delivery, negligence, strict liability, or tort shall now or any time in the future be recoverable from PSW or any of its agents. Customer assumes all risks inherent in the possession or operation of the Equipment. Customer's right, now existing or arising at any time in the future, to recover such damages is hereby fully, finally, irrevocably and unconditionally waived, released and discharged. Notice of any defect in the Work or Equipment shall be made within 24 hours of the act or omission giving rise to the defect. The sole and exclusive remedy is replacement of the nonconforming goods or refund of that portion of Customer's payment attributable to such goods at PSW's sole option.
3. Payment Terms. Upon credit approval, full payment is due 30 days from invoice date, unless otherwise agreed to by both parties in writing. There shall be NO retainage. Payments not made on their due date shall accrue interest at the rate of 18% per annum. A cancellation charge of 20% of the price will be imposed if customer cancels order without prior written consent of PSW. PSW must receive 100% payment before start-up services will be performed (failure to complete proper, authorized startup procedures may void any manufacturer warranty). Terms may not be changed except by written agreement of the parties.
4. Shipping and Delivery. All Equipment shall be shipped F.O.B. manufacturer’s factory unless otherwise agreed in writing by PSW and Customer. PSW is not responsible for goods lost or damaged in transit. In the event PSW agrees to delay shipment at Customer’s request, Customer is responsible for payment of any storage costs. PSW does not agree, will not agree to and is not obligated to provide any specific goods or any delivery dates or times for any goods. All orders are subject to availability to PSW at its then existing locations, sources, suppliers and costs. All delivery dates and times which may be provided, if any, are estimates only and do not establish agreed delivery date(s).
5. Indemnity and Hold harmless. To the fullest extent permitted by law, Customer shall fully and forever indemnify, defend (with counsel reasonably acceptable to PSW) and hold PSW’s employees, directors, successors and assigns harmless from any damage, claim, loss, expense and attorney fees (including those prior to any action, in an action and on any appeal) related to the performance or non-performance of Customer's obligations under this Agreement; the ownership, performance or operation of the Equipment; or PSW's liability, if any, under CERCLA, RCRA, or any other federal or state statute related to toxic, hazardous or other dangerous substances.
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A-2/AB21-45 CM 4/22/2021 - Page 98 of 125 Page 7 of 8 ATTACHMENT B
Thank you for the opportunity to offer quality Kohler products and our service. For over 75 years, Kohler has been recognized as a leader in the manufacture of standby generator systems. By choosing a Kohler generator provided by Power Systems West, you can be assured you will receive the highest quality standby power system available. Power Systems West has specialized in providing and servicing generator systems in the Northwest for over 50 years. Power Systems West – your best choice for power. If you have any questions, please feel free to call or e-mail.
Wayne Sumar (253) 437-1623 Office (253) 260-0155 Cell [email protected]
Freight to Sultan, WA ………………………….....……………………….…………………….. $3,200.00 Basic Start-Up Services ……………………………………………………………………………… $1,800.00
Total Customer Price: …………………………………………….…………….. $31,112.80 (Not Including Taxes) *This quote is valid for 30 days
Offer Acceptance I hereby authorize Power Systems West to use this form as a bona fide purchase order of the equipment listed on QUOTATION # 26744813, which establishes price and Bill of Materials. Acceptance of this offer is expressly limited to Power Systems West terms and conditions.
Proposed by: Accepted by:
Company: Power Systems West Company: ______
Sales Professional: Wayne Sumar Print Name: ______
Title: Power Generation Sales Title: ______
Signature: Wayne Sumar Signature: ______
Date: April 13th, 2021 Date: __ __ / __ __ / ______
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A-2/AB21-45 CM 4/22/2021 - Page 99 of 125 Page 8 of 8 SULTAN CITY COUNCIL
Agenda Bill No. 21-46
Purchasing equipment from Granger for the Sky Valley emergency SUBJECT management project.
DATE: DEPT: CONTACT: PRESENTER: ITEM:
4/22/2021 Administration Will Ibershof Will Ibershof Action #3
Discussion: CM 11/19/2020, 3/11/2021, 4/22/2021
Attachments: A. Quote from Granger
REQUESTED ACTION: Authorize the Mayor and/or his designee to purchase equipment from granger for the not to exceed amount of $23,581.80
DESCRIPTION/BACKGROUND With Council’s approval of the grant with Commerce, we now need to purchase the equipment for the mobile generator located in Sultan. Either with the Sultan Middle School or Sultan City Hall. The equipment will be used with the 72KW generator that the City will repurpose for this use.
Due to the power needs of both facilities, it was too difficult to use one generator for both buildings. Staff determined that the best solution was to purchase equipment that will plug into a series of units that will used as nodes for heaters and lights. In addition, this system can be set up in any location.
Attachment B outlines the estimated costs and number of units that the City would like to purchase. Using the Washington State Department of Enterprise services, the City was able to secure a discount on the equipment. The list of items is below.
• Power cord 100’ quantity 15@ $7,738.20 • Power cord 50’ quantity 6@ $1,825.44 • Power Distribution box quantity 12@ $4,278.48 • Temporary lights quantity 12@ $6,451.92 • Temporary Heaters quantity 12@ $1,340.64
Total investment with tax: $23,581.80
Budget Amendment The funds for this purchase will come out of the investment the City will be making for this project.
Staff will need to do a budget amendment for this amount as well as others, when we reconcile the 2021 budget.
A-3/AB21-46 CM 4/22/2021 - Page 100 of 125 Page 1 of 3 ATTACHMENT A Quotation
1150 W Grove Parkway, Suite 101 Tempe, AZ 85283 Information www.grainger.com Grainger Quote Number 2047396204 (800)472-4643 Validity Start Date 04/15/2021 Validity End Date 05/15/2021 Creation Date 04/15/2021 Grainger EIN Number 36-1150280 PO # Customer Information PO Create Date CITY OF SULTAN PO Release # 319 MAIN ST Customer Number 810286583 SULTAN WA 98294-0000 Department Number Project/Job Number Requisitioner Name Attention Billing Information Caller WILL IBERSHOF Telephone Number 3607932231 CITY OF SULTAN Page 1 / 2 PO BOX 1199 SULTAN WA 98294-1199
Shipping Information CITY OF SULTAN Freight Forwarder 319 MAIN ST SULTAN WA 98294-0000
We will deliver according to the following terms and conditions: Incoterms® 2020: FOB ORIGIN Freight Terms: Prepaid Carrier: * See line item detail Payment Terms: Net 30 days after invoice date
Special Instructions:
Item Material Description Expected Qty Unit Price Total PO-Line Del Date in USD
10 3GUK4 Temporary Power 15.00 EA 515.88 7,738.20 Cord,50A,125/250VAC,3P Mfg Brand Name: CEP Manufacturer Part No: 6400S Carrier:
20 3GUK3 Temporary Power 6.00 EA 304.24 1,825.44 Cord,50A,125/250VAC,6364 Mfg Brand Name: CEP Manufacturer Part No: 6450S
XWXG031 A-3/AB21-46 CM 4/22/2021 - Page 101 of 125 Page 2 of 3 ATTACHMENT A Quotation
1150 W Grove Parkway, Suite 101 Information Tempe, AZ 85283 Grainger Quote Number 2047396204 www.grainger.com Creation Date 04/15/2021 (800)472-4643 Customer Number 810286583 Page 2 / 2
Item Material Description Expected Qty Unit Price Total PO-Line Del Date in USD
Carrier:
30 4MZX8 Power Distribution Box,50 AC,(4) 5-20R 12.00 EA 356.54 4,278.48 Mfg Brand Name: CEP Manufacturer Part No: 6508GU Carrier:
40 422V02 Temporary Job Site Light,15000 lm,Bk/Yl 12.00 EA 537.66 6,451.92 Mfg Brand Name: PROLIGHT Manufacturer Part No: 111509 Carrier:
50 32MY65 Prtbl Elct Job/Garage Heatr,14" L,120V 12.00 EA 111.72 1,340.64 Mfg Brand Name: PRO-TEMP Manufacturer Part No: PT-515-120 Carrier:
______Sub Total 21,634.68 Tax 1,947.12 ______Total USD $ 23,581.80
Please reference our Grainger Quote Number, your Grainger Customer Number, and method of payment when remitting payment.
These items are sold for domestic consumption in the United States. If exported, purchaser assumes full responsibility for compliance with US export controls.
This transaction is subject to W.W. Grainger, Inc. sales terms and conditions. For a copy, please visit the website at http://www.grainger.com or refer to the current catalog.
Thank you for the opportunity to provide this quotation. Please note that all the prices are based on products and quantities quoted. Any changes to the products and/or quantities may result in different pricing. The non-catalog freight policy applies unless freight amount is listed above. Please contact the Grainger office shown above if you have further questions or need to submit a new request.
XWXG031 A-3/AB21-46 CM 4/22/2021 - Page 102 of 125 Page 3 of 3 SULTAN CITY COUNCIL
Agenda Bill No. 21-47
Transportation Services Inc. (TSI) On-Call Transportation and SUBJECT Traffic Review contract renewal
DATE: DEPARTMENT CONTACT PRESENTER ITEM
4/22/2021 Public Works Nate Morgan Nate Morgan Action No. 4
Dates Presented: CM 12/05/19 and CM 04/22/21
Attachments: A) TSI Professional Services Agreement
REQUESTED ACTION: Authorize the Mayor to sign a Professional Services Agreement with Transportation Solutions, Inc.
DESCRIPTION/BACKGROUND With the recent increase in development in Sultan and growing concerns about the City’s transportation system, staff want to provide a more in-depth review of transportation related issues. This would include a more thorough analysis of new developments and better modeling to determine the efficacy of system improvements to include design services for construction projects.
Staff determined renewing the on-call contract with Transportation Solutions, Inc. (TSI) is the best option.
In 2019 a request for proposals (RFP) was publicized, and the City received one proposal. The lone responding firm, TSI successfully assisted the City with an update of the transportation element, development reviews, and remain in contact with WSDOT regarding the proposed US2 roundabout project and proposed east-west connector projector. TSI developed and maintain an invaluable local traffic model which addresses traffic issues. The firm will continue to be the on- call consultant and could assist City staff in a variety of tasks as outlined in this agreement.
TIME CONSTRAINTS: The original on-call contract expired December 31, 2020. A renewal of the contract is needed to continued working with TSI.
FISCAL IMPACTS Development related costs would be charged to permit applicants. Costs of City directed work would be budgeted under their respected funds.
EXPENDITURE AMOUNT: $0 AMOUNT BUDGETED: $0 BUDGET MODIFICATION REQUIRED: NO
A-4/AB21-47 CM 4/22/2021 - Page 103 of 125 Page 1 of 12 ATTACHMENT A CITY OF SULTAN CONTRACT NUMBER
319 Main Street #200 • Sultan, WA 98294 • Phone: (360)-793-2231 • Fax: (360) 793-3344 • Web: www.ci.sultan.wa.us
AGREEMENT FOR SERVICES
Yes No Insurance Required If Yes – See Attached Insurance Addendum, incorporated here by this reference
This Agreement (hereinafter “Agreement” or “Contract”) is made and entered, by and between the City of Sultan, Washington, a Washington municipal corporation, hereinafter referred to as the “City," and Transportation Solutions, Inc., hereinafter referred to as the “Consultant.”
Project Description: On-Call Transportation and Traffic Review Services
Commencing: April 23, 2021
Terminating: April 30, 2023
WHEREAS, the City desires to extend our contract with a Consultant who can support the City with Transportation and Traffic Review Services related to traffic review of development projects and long-range transportation, traffic analysis, and design engineering through an on-call agreement; and
WHEREAS, the City desires to have the transportation impacts of new developments thoroughly and accurately reviewed; and
WHEREAS, the Consultant is in the business of performing transportation and traffic review services; and
WHEREAS, the City has advertised for these services and have selected the Consultant to perform such services pursuant to certain terms and conditions;
NOW, THEREFORE, in consideration of the mutual benefits and conditions set forth below, the parties hereto agree as follows:
1. Scope of Services to be Performed by Consultant. The Consultant shall perform those services described in Exhibit “A” of this Agreement and may hereinafter by referred to as the “Work” subject to written notice to proceed by the City to the Consultant. In performing such services, the Consultant shall comply with all federal, state, and local laws and regulations applicable to the performance of such services. The Consultant shall perform services diligently and completely and in accordance with professional standards of conduct and performance.
2. Contract Documents. The Agreement consists of the following documents, which are all incorporated by reference: a. This Agreement and all exhibits attached thereto; b. The Request for Proposal, Request for Qualifications, Invitation to Bid, or other City-issued request for project submittals; c. The submitted project quote, bid, or proposal; d. All documents required under this Agreement, including but not limited to documentation evidencing insurance, if applicable; e. W-9 Request for Taxpayer Identification Number; and f. Scope of Work.
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The intent of these documents is to include all labor, materials, and services of every kind necessary for the proper execution of the Work, and the terms and conditions of payment therefore. The documents are to be considered as one, and whatever is called for by any one of the documents shall be as binding as if called for by all.
3. Payment. The City shall pay the Consultant for the Work rendered according to the following procedures and subject to the following requirements. Services provided by the Consultant will be billed on a time and material basis.
The City shall pay the Consultant: Fill in applicable method of payment YES NO According to the rates set forth in “Exhibit A”
3.1 The Consultant shall submit invoices for work performed using the form set forth in “Exhibit C – Request for Consultant Payment”.
3.2 The Consultant shall submit properly certified invoices to the City of Sultan Accounts Payable Department, for the Work performed. The City agrees to pay the Consultant for the actual work completed to the satisfaction of the City and in conformance with this Contract. The City shall pay the Consultant for services satisfactorily rendered within ten days after City Council approval of each such payment or as authorized by the City.
3.3 The Consultant shall complete and return the attached Form W-9, “Request for Taxpayer Identification Number” prior to or along with the first invoice submittal. In order for you to receive payment from the City of Sultan, the City must have either a Tax Identification Number or a Social Security Number. The Internal Revenue Service Code requires a Form 1099 for payments to every person or organization other than a corporation for services performed in the course of trade or business. Further, the law requires the City to withhold 20% on reportable amounts paid to unincorporated persons who have not supplied us with their correct Tax Identification Number or Social Security Number.
3.4 If, during the course of the Contract, the Work rendered does not meet the requirements set forth in the Contract, the Consultant shall correct or modify the required Work to comply with the requirements of the Contract. The City shall have the right to withhold payment for such Work until it meets the requirements of the Contract. No payment shall be made for any Work performed by the Consultant except for the Work identified and set forth in this Contract.
4. Termination.
4.1 This City reserves the right to terminate or suspend this Agreement at any time, with or without cause, upon seven days prior written notice. In the event of termination or suspension, all finished or unfinished documents, data, studies, worksheets, models, reports or other materials prepared by the Consultant pursuant to this Agreement shall promptly be submitted to the City.
4.2 In the event this Agreement is terminated or suspended, the Consultant shall be entitled to payment for all services performed and reimbursable expenses incurred to the date of termination.
4.3 This Agreement may be cancelled immediately if the Consultant's insurance coverage is canceled for any reason, or if the Consultant is unable to perform the services called for by this Agreement.
4.4 The Consultant reserves the right to terminate this Agreement with not less than fourteen days’ written notice, or in the event that outstanding invoices are not paid within sixty days.
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4.5 This provision shall not prevent the City from seeking any legal remedies it may otherwise have for the violation or nonperformance of any provisions of this Agreement.
5. Indemnification/Hold Harmless. Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney 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.
5.1 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.
5.2 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.
6. Independent Contractor. The Consultant and the City agree that the Consultant is an independent Consultant with respect to the services provided pursuant to this Agreement. The Consultant will solely be responsible for its acts and for the acts of its agents, employees, sub-consultants, or representatives during the performance of this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto.
7. Non-Discrimination. The Consultant shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Consultant under this Agreement, on the basis of race, color, religion, creed, sex, age, national origin, marital status, or presence of any sensory, mental, or physical handicap.
8. Non-Endorsement. As a result of the selection of a consultant to supply services to the City, the City does not endorse, support, acknowledge, nor agree, directly nor indirectly, with any reference made by the Consultant about the City in any literature, promotional material, brochures, sales presentation or the like, and shall hold the City harmless per Section 5 above.
9. Non-Collusion. By signature below, the Consultant acknowledges that the person, firm, association, co-partnership or corporation herein named, has not either directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in the preparation or submission of a proposal to the City for consideration in the award of a contract on the specifications contained in this Agreement.
10. Wages and Other Costs. The City assumes no responsibility for the payment of any compensation, wages, benefits or taxes owed by the Consultant by reason of this Agreement. The Consultant shall indemnify and hold the City, its officers, agents, and employees harmless against all liability and costs resulting from the Consultant’s failure to pay any compensation, wages, benefits, or taxes.
11. Waiver. Waiver by the City of any breach of any term or condition of this Agreement shall not be construed as a waiver of any other breach.
12. 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.
13. Conflict of Interest. The City insists on the highest level of professional ethics from its consultants. Consultant warrants that it has performed a due diligence conflicts check, and that there are no professional conflicts with the City. Consultant warrants that none of its officers, agents or employees is now working on a project for any entity engaged in litigation with the City. Consultant will not disclose any information obtained through the course of
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their work for the City to any third party, without written consent of the City. It is the Consultant's duty and obligation to constantly update its due diligence with respect to conflicts, and not the City's obligation to inquire as to potential conflicts. This provision shall survive termination of this Agreement.
14. Licenses. Consultant shall procure and maintain a City business license in accordance with Chapter 5.04 SMC, Business Licenses, prior to beginning work under this Agreement. Consultant assumes responsibility for and ensures that all contractors, subcontractors and suppliers shall also obtain a City business license.
15. 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.
16. 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. Either party may request changes to the Agreement. Changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement.
17. Record Keeping and Reporting. The Consultant at such times and in such forms as the City may require, shall furnish to the City such statements, records, reports, data, and information as the City may request pertaining to matters covered by this Agreement. All of the reports, information, data, and other related materials, prepared or assembled by the Consultant under this Agreement and any information relating to personal, medical, and financial data will be treated as confidential only as allowed by Washington State laws regarding disclosure of public information, Chapter 42.56 RCW
17.1 The Consultant shall at any time during normal business hours and as often as the City may deem necessary, make available for examination all of its records and data with respect to all matters covered, directly or indirectly, by this Agreement and shall permit the City or its designated authorized representative to audit and inspect other data relating to all matters covered by this Agreement. The City shall receive a copy of all audit reports made by the agency or firm as to the Consultant’s activities. The City may, at its discretion, conduct an audit, at its expense, using its own or outside auditors, of the Consultant’s activities which relate, directly or indirectly, to the Agreement.
17.2 Consultant will provide all original operation and maintenance manuals, along with all warranties, from the manufacturer for any equipment or items installed or supplied to the City has part of this contracted project.
17.3 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.
17.4 The foregoing records shall be maintained for a period of seven years after termination of this Agreement unless permission to destroy them is granted by the Office of the Archivist in accordance with RCW Chapter 40.14 and by the City.
18. Ownership of Documents. On payment to the Consultant by the City of all compensation due under this Contract, all finished or unfinished documents and material prepared by the Consultant with funds paid by the City under this Contract shall become the property of the City and shall be forwarded to the City. Any records, reports, information, data or other documents or materials given to or prepared or assembled by the Consultant under this Contract shall not be made available to any individual or organization by the Consultant without prior written approval of the City or by court order.
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19. Notices. Notices to the City of Sultan shall be sent to the following address: City of Sultan 319 Main Street #200 Sultan, WA 98294 Phone number: (360) 793-2231
Notices to the Consultant shall be sent to the following address: Company Name: Transportation Solutions, Inc Contact Name: Victor Salemann, PE Street Address: 8250 165th Ave NE, Suite 100, Redmond, WA 98052-6628 Phone Number: (425) 883-4134 Email: [email protected]
20. Applicable Law; Venue; Attorneys’ Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be exclusively in Snohomish County, Washington. The prevailing party in any such action shall be entitled to its attorneys’ fees and costs of suit, which shall be fixed by the judge hearing the case and such fee, shall be included in the judgment.
21. Severability. If any provision of this Agreement is held invalid, the remainder shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law, and shall continue in force and effect.
By signing below, you agree to all the terms and conditions herein.
CITY OF SULTAN, WASHINGTON:
By: Date:
Print Name: Russell Wiita Title: Mayor
CONSULTANT:
By: Date: Print Name:, Title:
ATTEST/AUTHENTICATED:
By: Date: Print Name: Tami Pevey City Clerk
APPROVED TO AS FORM:
By: Date:
Print Name: Hillary Evans Graber City Attorney
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EXHIBIT A Scope of Work
I. Background
The Sultan Planning Department does not have the internal capacity to provide detailed analysis of the traffic impacts of proposed developments and traffic improvements. The department would like to hire a consultant who can provide transportation, traffic planning, and professional engineering expertise. This would include analyzing the traffic impacts of new developments, determine the impacts to changes to the public road system, and maintain a traffic model to improve our understanding of how development will impact our community. This task will also include designing needed traffic improvements.
II. Anticipated Responsibilities and Tasks
1. Develop and implement a transportation concurrency management system. 2. Review and update the City’s traffic impact fee program. 3. Review the transportation impacts of proposed development permit applications to determine if they comply with the City’s adopted regulations and standards. 4. Prepare written findings and reports related to project reviews. 5. Represent the City in public hearings and meetings, related to permit submittals as required. 6. Work with City Staff to ensure efficient review of land use permit applications. 7. Prepare traffic analysis of intersections and/or corridor studies, and/or engineering design reports related to the City’s short- and long-term transportation system. 8. Design transportation projects.
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Exhibit B Professional Service Fees
Transportation Solutions, Inc.
2021 HOURLY BILLING RATES
Hourly Name Title Classification Billing Rate Victor L. Salemann Principal Engineer VIII $235.00 Kirk Harris Principal Engineer VIII $235.00 David D. Markley Sr. Engineer Engineer VII $235.00 Jeffrey P.K. Hee Sr. Traffic Engineer Engineer V $168.50 Andrew L. Bratlien Sr. Traffic Engineer Engineer V $168.50 Michelle L. Mach Sr. Traffic Engineer Engineer V $180.00 Sam Garcia Transportation Engineer Engineer II $105.00 Daniel Hodun Transportation Engineer Engineer I $100.00 Mike Schaefer Sr. Engineering Tech Drafting Technician 3 $155.00 Phil McDonald Sr. Engineering Tech Drafting Technician 3 $145.00 Eric Jackson Sr. Engineering Tech Drafting Technician 3 $130.00 Jennifer Salemann Transportation Planner Trans. Planning Specialist III $105.00 Jill Berberich Office Manager Administrative Assistant 5 $115.00
EXPENSES
Reimbursable Expenses No Markup Sub-consultant invoices No Markup
Billing rates are subject to change during the year to reflect staff changes.
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ADDENDUM FOR REQUIRED INSURANCE
1. Insurance. The Consultant shall procure and maintain insurance as required in this section, without interruption from commencement of the Consultant’s work through the term of the Contract and for thirty (30) days after the physical completion date, unless otherwise indicated herein. Any payment of deductible or self-insured retention shall be the sole responsibility of the Consultant.
2. No Limitation. Consultant’s maintenance of insurance, its scope of coverage and limits as required herein 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.
3. Minimum Scope of Insurance. Consultant required insurance shall be of the types and coverage as stated below:
a) Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 00 01.
b) Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-complete operations, stop gap liability, personal injury and advertising injury, liability assumed under an insured contract, blanket contractual, products/completed operations; broad form property damage, explosion, collapse and underground (XCU) if applicable, and employer’s liability. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit using ISO form CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The City shall be named as an additional insured under the Consultant’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad coverage.
c) Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington.
d) Professional Liability insurance appropriate to the Consultant’s profession (if applicable).
4. Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits:
a) Automobile Liability insurance with limits no less than $1,000,000.00 combined single limit per accident for bodily injury and property damage;
b) Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000.00 combined single limit per occurrence and $1,000,000.00 aggregate for personal injury, bodily injury, and property damage.
c) Worker’s Compensation insurance at the limits established by the State of Washington.
d) Professional Liability insurance (if any) shall be written with limits no less than $1,000,000.00 per claim and $1,000,000.00 policy aggregate limit.
5. City Full Availability of Consultant Limits. If the Consultant maintains higher insurance limits than the minimums shown above, the City shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Consultant, irrespective of whether such limits maintained by the Consultant are greater than those required by this contract or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by the Consultant.
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6. Other Insurance Provision. The Consultant’s Automobile Liability and Commercial General 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 self-insured pool coverage maintained by the City shall be excess of the Consultant’s insurance and shall not contribute with it.
7. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII.
8. Verification of Coverage. Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsements, evidencing the insurance requirements of the Consultant before commencement of the work. Upon request by the City, the Consultant shall furnish certified copies of all required insurance policies, including endorsements, required in the contract and evidence of all subcontractors’ coverage.
9. Subcontractors’ Insurance. The Consultant shall cause each and every Subcontractor to provide insurance coverage that complies with all applicable requirements of the Consultant-provided insurance as set forth herein, except the Consultant shall have sole responsibility for determining the limits of coverage required to be obtained by Subcontractors. The Consultant shall ensure that the City is an additional insured on each and every Subcontractors’ Commercial General liability insurance policy using an endorsement at least as broad as ISO Additional Insured endorsement CG 20 38 04 13.
10. Notice of Cancellation. The Consultant shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation within two business days of their receipt of such notice.
11. 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.
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Agreement for Services Revised 11/22/2019
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EXHIBIT C REQUEST FOR CONSULTANT PAYMENT
INVOICE # DATE OF INVOICE:
CONSULTANT: CONTRACT #:
MAILING ADRESS:
PHONE: EMAIL:
CONTRACT PERIOD: REPORTING PERIOD: to
REQUESTED AMOUNT THIS INVOICE: $
SPECIFIC PROGRAM:
______AUTHORIZED SIGNATURE PROJECT MANAGER/STAFF CONTACT
Attach Itemized Description of Services Provided
For Department Use Only
Total Contract Amount Authorization to Consultant $
Previous Payments BARS Code:
Current Request Date:
Balance Remaining
APPROVED FOR PAYMENT BY:
______
DATE:______
Agreement for Services Revised 11/22/2019
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Agenda Bill No. 21-44
SUBJECT Task Order # 1 with Transportation Solutions, Inc.
DATE DEPARTMENT CONTACT PRESENTER ITEM
04/22/2021 Public Works Nate Morgan Nate Morgan Action No. 5
Dates Presented: Council Workshop 02/04/2021, CM 04/22/2021
Attachments: A) Task Order #1
REQUESTED ACTION: Authorize the Mayor to sign Task Order #1 with Transportation Solutions, Inc.
DESCRIPTION/BACKGROUND On February 4th, 2021 staff presented to Council the transportation issues developing in Sultan due to the uptick in multiple new residential developments.
Staff discussed three transportation projects at that meeting: 1) Roundabout at Main Street and US-2 2) Intersection widening at 5th Street/Mann Road 3) A new east west connector
Task Order #1 is the first request staff will bring forward for approval to proceed with a 30% design of a new roundabout at US-2 and Main Street.
City staff recommended using money from the transportation impact fee fund. Design is estimated to take twelve to eighteen months. Beginning design work now will improve the City’s chances of obtaining grant funding.
FISCAL IMPACTS The City currently has $1.3 million in transportation impact fees that would cover the cost of this contract. Impact fees must be used to add capacity to the streets. We did not anticipate beginning this work when the 2021 budget was prepared so this project would require a budget amendment.
EXPENDITURE AMOUNT: $117,562.00 AMOUNT BUDGETED: $ 0 AMOUNT AVAILBLE IN THE TRANSPORTAION IMPACT FEE FUND $1,300,000.00 BUDGET MODIFICATION REQUIRED: YES
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TASK ORDER NO 1 AMENDMENT TO AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR THE CITY OF SULTAN, WASHINGTON
This Task Order No. 1 agreement dated _April 22 , 2021 is between the City of Sultan ("City") and Transportation solutions, Inc. ("Consultant") and amends the parties' Professional Services Agreement by and between the City of Sultan and Transportation solutions, Inc. dated April 22, 2021 ("Agreement").
RECITALS
1. The City and Consultant previously entered into the Agreement. 2. The parties now wish to amend the Agreement to provide professional engineering services for the Work entitled " SR 2/Main Street Roundabout 30% Design Services ".
TERMS AND CONDITIONS 1. Scope of Work The Scope of the Work is contained in Exhibit A, attached hereto and incorporated herein.
2. Compensation The City shall pay the Consultant on a time and expenses basis in accordance with the Agreement. City's total payment to the Consultant for this Task Order shall not exceed $117,562.00 without prior authorization of the City. The Fee Estimate is contained in Exhibit B.
3. Schedule The Consultant shall undertake the work tasks upon authorization to proceed and will diligently undertake and complete the work as data is available and with direction from the City.
4. Effect of Amendment Except as amended herein, the Agreement shall remain in full force and effect.
CITY OF SULTAN TRANSPORTATION SOLUTIONS INC.
By: By: Name: Russell Wiita Name: Victor Salemann, PE Title: Mayor Title: Owner
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Exhibit A
Scope of Services SR 2/Main Street Roundabout 30% Design Services
INTRODUCTION A. Project Description The objective of this project is to prepare Plans, Specifications, and Estimates necessary for the construction of a single lane roundabout with a raised central island and sidewalks at the intersection of SR 2/Main St in Sultan, Washington. The intersection is set in a principally commercial area yet is the intersection a key local street and regional highway. SR 2 is an east-west State Highway providing a key cross state route between western and eastern Washington and Main Street is also an east-west route at the downtown core of the city. Existing Conditions, Opportunities & Challenges • Surrounding land uses are commercial with driveways and parking lots accessing directly onto SR 2. The design will need to consider existing and future commercial access. • Main St is stop-controlled, and the intersection needs to address a significant skew between Main St and SR 2. The intersection operates at LOS F today and will further degrade in the future. • There is currently no marked pedestrian crossing of SR 2 at the intersection. • WSDOT has proposed safety improvements in the corridor that could be enhanced by the provision of a roundabout at this location.
Proposed Improvements The City of Sultan is proposing to construct a compact single lane roundabout to improve intersection LOS, reduce crashes, and provide a safe pedestrian crossing at the intersection. • The roundabout design will include pedestrian crossings for all legs. RRFB’s may be desirable on the SR 2 approaches. • The central island will be fully mountable to allow for trucks and cross-state oversized loads while maintaining a small inscribed circular diameter. • The roundabout design will be forward compatible with future improvements to SR 2. • The roundabout design will address safety for all modes. • The roundabout design will take a phased approach that provides benefits over time • The roundabout design will consider the draw on city's financial resources in selecting design solutions, as well as positioning future improvements for regional, state and federal investment • The roundabout design will protect natural environment and encourage low impact design
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approaches • The roundabout design will minimize impacts on neighboring properties (e.g., right-of- way, access, noise, visibility)
B. Project Coordination This scope of work uses the following references for project team members: CITY or the City is the Sultan WSDOT is the Washington State Department of Transportation. CONSULTANT is Transportation Solutions, Inc. or its subconsultants.
C. Design Criteria As part of the design effort on this project, design criteria will be developed and approved by the CITY. When developing this design criteria, WSDOT design standards will govern. Additionally the following Standards and guidelines will be used: • WSDOT Local Agency Guidelines June 2020 • WSDOT Design Manual September 2020 • NCHRP REPORT 672 Roundabouts, An Informational Guide, Second Edition 2010 • AASHTO's "A Policy on Geometric Design of Highways and Streets" 2011
D. Key Project Tasks and Schedule
Task Task Duration Task 1 Project Management and Quality Control April - November 2021 Task 2 Data Collection and Survey April - May 2021 Task 3 WSDOT Approvals/Preliminary (30%) Design April – November 2021 Task 4 Environmental Documentation Future Task Task 5 ROW Acquisition Future Task if required Task 6 Design (90%) Future Task Task 7 Final Design and PS&E (100%) Future Task Task 8 Landscape Design Future Task if required Task 9 Constructability Review Future Task Task 10 Geotechnical Future Task if required Task 11 Bid Support Future Task if required Task 12 Construction Management Support Services Future Task
E. Information, Responsibilities, and Services Provided by the CITY The following information will be provided by the CITY or obtained from WSDOT if available. This is not intended to be an exhaustive list and additional data to be provided by the CITY are included throughout the scope of work:
• WSDOT approved Channelization Plans for the existing intersection configuration. • Roadway and utility as-built drawings • Available geotechnical data, boring logs, and as-built drawings showing geotechnical information. • Typical pavement structural section recommendations based on other area projects (for cost
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estimating purposes). • Typical storm water infiltration rate recommendations based on other area projects • Planning and land use data. • Any available recent traffic counts. • 5 year crash data • Existing WSDOT right-of-way plans for the project area F. General Project Assumptions This Scope of Services is based upon certain assumptions and exclusions, identified below and under specific tasks. The following assumptions were used in the development of this scope of services: • AutoCAD 2016 or later will be utilized on the project. • AGI32 software will be used for illumination design • MS Excel will be utilized for spreadsheets. • MS Word will be utilized for word processing. • Roundabout LOS will be analyzed using SIDRA and WSDOT LOS procedures. • AutoTurn will be utilized to evaluate truck turning movements. • Construction bid estimates and other opinions of cost and schedule are estimates. Therefore, Consultant makes no warranty that actual project costs, financial aspects, economic feasibility, or schedules will not vary from Consultant's opinions, analyses, projections or estimates.
G. Change Management The Project Managers from the CITY and the CONSULTANT are responsible for managing changes to the scope and schedule. The CITY is responsible for the authorization of any changes to the scope, budget, and/or schedule. Team members must ensure that work within their areas remains within the defined project scope, schedule, and budget. When issues, actions, or circumstances occur that could cause a change in scope, personnel, cost, or schedule, team members must communicate potential changes to the Project Manager as early as possible. The Project Managers will determine whether the potential change issue will lead to a change in scope, cost, or schedule. Verified changes will be communicated to project stakeholders. The Project Manager will be prepared to explain the effect of the change to the team, so schedules and budgets can be adjusted. This is a time and materials contract with a not to exceed maximum. The level of effort for various tasks are estimates and may vary. The contract will be managed to the contract maximum, not the task level budgets.
Task 1.0 PROJECT MANAGEMENT AND QUALITY CONTROL
1.1 Project Management Project management will be on-going during the course of the project. The project manager will maintain communication with the CITY, will monitor the project’s scope, schedule, and budget, and other similar project management tasks. 1.2 Monthly Progress Reports and Invoices CONSULTANT will provide monthly progress reports and invoices in accordance with CITY standard procedure. We will coordinate the first invoice so that the format is acceptable to the CITY. Each progress report and invoice package will include the CONSULTANT invoice showing
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all labor and direct expenses included for the period, the monthly progress report, and breakdown of labor hours and direct expenses charged for the period for CONSULTANT and each subconsultant. Assumptions • The invoice format for this project will be one that is acceptable to the CITY. • Progress Report and Invoice packages will be prepared monthly for twelve (12) months. • For purposes of this scope it is assumed that project management will require 4 hours per month.
Deliverables • Monthly Progress Report and Invoice Packages
1.3 Progress Meetings Meetings (typically videoconference) will be scheduled weekly as needed to monitor the progress of the project, to coordinate with team members, and to maintain accountability between all members of the team including the CONSULTANT, subconsultants, and the CITY. 1.4 Quality Control/Quality Assurance Quality Control reviews will be completed prior to submittal of major deliverables. These will include: • Draft and Final Topographic Survey • Draft and Final WSDOT Submittals (ICE, BOD, Roadway Context and Modal Accommodation Report, and Channelization Plan) • Draft and Final 30% Submittals
Task 2.0 DATA COLLECTION AND SURVEY
Sources of information may include prior contract plans, WSDOT plans, as-builts, surveys, and field visits to collect information, City files and databases, design and policy manuals, transportation plans, previous studies, discussions with City, and other sources of information as needed. 2.1 Obtain As-Builts and Contract Plan Sheets CONSULTANT will request from the City and WSDOT any as-built construction documents and contract plans for improvements located in the project vicinity. Any existing area boring logs, roadway structural sections or area infiltration rates that were developed for other area projects will also be provided to the CONSULTANT team. 2.2 Review Relevant City Plans and Studies CONSULTANT will review available WSDOT plans and studies for SR 2 and the City’s Transportation Element of the Comprehensive Plan, and Six-year TIP. 2.3 Verify Environmental Constraints The CONSULTANT will review available critical areas mapping (steep slopes, streams, and buffers), and significant trees that may influence design. 2.4 Review Existing Utilities
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Utilizing the topographic survey and available files and information received from WSDOT, existing utility constraints will be identified and considered. 2.5 Site Visits to Obtain Additional Information Technical staff from the project team will perform a site visit to obtain additional project information not obtainable through electronic media. This may include confirming or reviewing existing surface features, topographical, utility, boundary, environmental and other constraints. 2.6 Topographic Survey CONSULTANT will utilize the topographic survey being prepared by WSDOT. Additional survey pickups may be required and will be requested from WSDOT or acquired by the Consultant up to the level of effort assumed in the fee estimate.
Task 3.0 WSDOT Approvals/Preliminary Design (30%) The intersection is on a State Route and therefore WSDOT approval is required for several design elements. Key WSDOT approvals include: • Intersection Control Evaluation (ICE) • Geometric Design Peer Review • Basis of Design (BOD) and Modal Accommodation Report • Channelization Plan for Approval 3.1 Intersection Control Evaluation (ICE) The CONSULTANT shall complete a WSDOT Intersection Control Evaluation, (ICE) formerly known as the Intersection Control Analysis. The ICE is a 5-step process meant to screen and evaluate alternatives to determine the best possible intersection type and design. Due to the safety and operational performance record, a roundabout is required to be evaluated. The ICE will follow the latest WSDOT guidance and generally include: • Summary of Background and Project Needs • Alternatives Feasibility • Operational and Safety Performance Analysis • Alternatives Evaluation • Additional Information to support Control Type Selection The CONSULTANT will rely upon previously completed traffic analyses for the data necessary to complete the ICE to the greatest extent feasible. The CONSULTANT assumes that the WSDOT review comment cycle will take up to three (3) cycles. Any revisions requested by WSDOT beyond three (3) review cycles is considered extra work. CONSULTANT assumes that WSDOT will require 2 to 4 weeks to create and return written comments to the CONSULTANT. 3.2 Basis of Design (BOD) and Modal Accommodation Report (MOR) The CONSULTANT shall complete WSDOT BOD and Modal Accommodation Report Forms for the project. The BOD and MOR will follow the latest WSDOT guidance and generally include:
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• A Summary of Community Engagement to Date • A General Project Description • Identification of Project Needs • Identification of Roadway Context • Identification of Design Controls • Alternatives Analysis • Identification of Design Elements Changed The CONSULTANT will rely upon previously completed traffic analyses for the data necessary to complete the BOD and MOR to the greatest extent feasible. The CONSULTANT assumes that the WSDOT review comment cycle will take up to three (3) cycles. Any revisions requested by WSDOT beyond three (3) review cycles is considered extra work. CONSULTANT assumes that WSDOT will require 2 to 4 weeks to create and return written comments to the CONSULTANT. 3.3 Geometric Design Peer Review The CONSULTANT shall coordinate a WSDOT Geometric Plan Review. WSDOT requires a Geometric Design Peer Review for new roundabouts on State Routes. The Peer review will be held soon after the conceptual roundabout layout is developed. The peer review should include the following WSDOT participants: • Region Traffic Office • Assistant State Traffic Engineer • Region Project Development Engineer or Engineering Manager • Assistant State Design Engineer The intent of this peer review is to review, discuss, evaluate, and provide feedback on the 2-D roundabout layout design in order to finalize the channelization plan. 3.4 WSDOT Channelization Plan for Approval The CONSULTANT will work with the CITY and WSDOT to prepare channelization plans and documentation necessary to obtain WSDOT Channelization Plan Approval. The limits of the Channelization Plan will include WSDOT proposed improvements to the intersection of SR 2/5th St/Mann Rd. There is an opportuity to integrate the two intersections reducing overall costs and providing enhanced safety benefits for both WSDOT and the City. This scope includes coordination of the two intersection projects. The Channelization Plans will be prepared in accordance with the latest version of the WSDOT NORTHWEST REGION CHANNELIZATION PLAN CHECKLIST. The Channelization Plans will include: • Channelization Plan Sheets • Detail Sheets • Typical Roadway Sections • Roundabout Details
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The channelization plan review process is typically an iterative process. The first submittal is reviewed by an Area Traffic Analyst, the Area Design Reviewer, and several operations groups within Traffic. The first review usually takes the longest time due to the number of groups reviewing the plans. The CONSULTANT will review the written comments from WSDOT. The CONSULTANT will make the required changes, document design decisions, and submit a revised submittal to WSDOT and the CITY. The CONSULTANT assumes that the WSDOT review comment cycle will take up to three (3) cycles. Any revisions requested by WSDOT beyond three (3) review cycles is considered extra work. CONSULTANT assumes that WSDOT will require 3 to 4 weeks to create and return written comments to the CONSULTANT. 3.5 Preliminary Paving and Grading Plans The CONSULTANT will prepare preliminary paving and grading plans based upon the WSDOT approved BOD and Channelization Plan. The preliminary paving and grading plans will include motorized and non-motorized elements of the project. Key design elements in the preliminary paving and grading plans include: • General roundabout geometry • Central island • Splitter islands • Circulating roadway • Curbing details • Pavement details including colors and textures • Non-motorized facilities • Sidewalks • Crossings • Required ADA facilities • Illumination • Signing and pavement markings 3.6 Drainage Report and Preliminary Drainage Plans It is assumed that the new plus replaced impervious surface area is less than 5,000 square feet, therefore a drainage report is not required. The CONSULTANT shall: • Determine and document the new and replaced pervious and impervious areas. • Determine and document the criteria for detention/retention and water quality design. • Develop and size drainage collection and conveyance tie-ins. It is assumed that new catch basins and storm drains will be tied into existing storm drains within 50 feet of the project site. • Drainage Plan and Profile will be included in the plan set 3.7 Preliminary WSDOT Right-of-Way Plans The CONSULTANT will prepare preliminary right-of-way plans in WSDOT format based upon the WSDOT approved Channelization Plan, Preliminary Paving and Grading Plans, and Preliminary Drainage Plans. The preliminary right-of-way plan will be the basis for initial property acquisition activities. 3.8 Utility Coordination Plan
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The CONSULTANT will prepare a utility coordination plan showing identifying CITY and Franchised utilities requiring adjustment or relocation due to the project. No potholing is anticipated at this time. If potholing is deemed necessary, it will be considered extra work. 3.9 Cost Estimate The CONSULTANT will develop a 30% cost estimate for the preliminary design. The cost estimate will use WSDOT Standard Bid Items. All major work items will be quantified. Miscellaneous items such as traffic control, landscaping, drainage, barrier, etc. will not quantified but will be included as a percentage of major work items. 3.10 Grant Application Support The CONSULTANT will support the City in the preparation of a Transportation Improvement Board Grant for the project. The grant application is due in mid-August 2021 and will require a cost estimate signed by licensed engineer.
Task 4.0 ENVIRONMENTAL DOCUMENTATION (Future work)
Task 5.0 RIGHT-OF-WAY ACQUISITION (Future work if Required)
Task 6.0 DESIGN (90%) (Future work)
Task 7.0 FINAL DESIGN AND PS&E (100%) (Future work)
Task 8.0 LANDSCAPE/URBAN DESIGN (Future work if Required)
Task 9.0 CONSTRUCTABILITY REVIEW (Future work)
Task 10.0 GEOTECHNICAL (Future work if Required)
Task 11.0 BID SUPPORT (Future work if Required)
Task 12.0 CONSTRUCTION MANAGEMENT SUPPORT SERVICES (Future Work)
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Exhibit B Fee Estimate SR 2/Main St Roundbaout 30% Design Services Sr. Engr Traffic Task Anticipated Work Tasks PM QA/QC Sr. Engr Tech Engr I Admin Task Cost Engr Hours CADD $ 235.00 235.00$ 180.00$ 168.50$ $ 155.00 $105$ 115.00 Task 1.0 PROJECT MANAGEMENT AND QUALITY CONTROL 72 00001890$18,990.00 Task 1.1 Project Management 48 6 54 $11,970.00 Task 1.2 Monthly Progress Reports and Invoices 12 6 18 $3,510.00 Task 1.3 Progress Meetings 12 6 18 $3,510.00 Task 1.4 Quality Control/Quality Assurance (with deliverables) 0 $0.00
Task 2.0 DATA COLLECTION AND SURVEY 22 0 0 4 16 4 0 46 $8,744.00 Task 2.1 Obtain As-Builts and Contract Plan Sheets 2 8 10 $1,710.00 Task 2.2 Review Relevant City Plans and Studies 2 4 4 10 $1,564.00 Task 2.3 Verify Environmental Constraints 4 4 $940.00 Task 2.4 Review Existing Utilities 4 4 $940.00 Task 2.5 Site Visits to Obtain Additional Information 8 8 $1,880.00 Task 2.6 Obtain Topographical Survey from WSDOT 2 8 10 $1,710.00
TASK 3.0 WSDOT APPROVALS/PRELIMINARY DESIGN (30%) 100 20 16 48 104 148 0 436 $70,828.00 Task 3.1 Intersection Control Evaluation (ICE) 4 2 4 16 40 66 $9,026.00 Task 3.2 Basis of Design and Modal Accommodation Report 8 2 40 50 $6,550.00 Task 3.3 Geometric Design Peer Review 8 2 4 12 26 $4,930.00 Task 3.4 WSDOT Channelization Plan for Approval 40 4 8 32 40 124 $23,372.00 Task 3.5 Preliminary Paving and Grading Plan 8 2 40 50 $8,550.00 Task 3.6 Drainage Report and Preliminary Drainage Plan 8 2 24 34 $4,870.00 Task 3.7 Preliminary WSDOT Right-of-Way Plan (Not included) 0 $0.00 Task 3.8 Utility Coordination Plan 8 2 8 12 30 $4,850.00 Task 3.9 Cost Estimate 8 2 2 24 36 $5,180.00 Task 3.10 Grant Application Support 8 2 2 8 20 $3,500.00
Totals 194 20 16 52 120 152 18 572 $98,562.00 Hours Tota Labor Total
Direct Expenses Survey Subconsultant $8,000.00 Roundabout Design Support - Roundabotix $6,000.00 ENV Subconsultant - Future Phases $0.00 GeoTech Subconsultant - Future Phases $0.00 CM/Constructibility Review Subconsultant - Future Phases $0.00 Landscape Subconsultant - Future Phases $0.00 Design Services Subtotal Total $112,562.00 Management Reserve Fund $5,000.00 30% Design Total Not to Exceed $117,562.00
ROW Acquisition Services ROW Subconsultant -Future Phases
30% Design Total Not to Exceed $117,562.00
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