Pursuant to Washington’s Public Records Act, Chapter 42.56 RCW, I respectfully request the following public records from the Port of Tacoma (“Port”):
- Public records relating to the public works contract for the Alexander Avenue Wetlands Restoration EB-1B (069703) (“Project), including but not limited to, the Project’s file, the Project’s bid, the Project’s financing and/or the award of the Project.
- Public records relating to any Port communications (internal or external) regarding the Project.
- Public records relating to all contract documents for the Project, including but not limited to the public works contract, project manual, addenda or modifications, specifications, or special provisions.
- Public records relating to any Port communications (internal or external) regarding Buckley Nursery Company (“Contractor”) related to the Project.
- Public records relating to any pre-award comments, communications, or documents concerning Contractor.
- Public records relating to any post-award comments, communications, or documents concerning Contractor
- Public records relating to any project meetings, meeting notes, or internal or external Port meetings concerning the Project or the Contractor.
- Public records relating to the work performed by the Contractor at the Project.
For the purpose of these requests, a “public record” includes any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics. Such records include, but are not limited to, documents, notes, memoranda, electronic mail (internal and external), letters, reports, calendar appointments, agendas, and text messages.
I request that electronic documents be either (1) emailed to firstname.lastname@example.org, (2) loaded on a compact disc or thumb drive and mailed to Cathy Biro, 1420 Fifth Avenue, Suite 3400, Seattle, WA 98101, or (3) loaded to a secure cloud-based application for download. Please contact me by email or telephone with an estimate of any charges associated with these requests. I will authorize costs in advance up to $100.00. If the responsive records are voluminous, and the costs exceed $100.00, I reserve the right to inspect and copy any non-electronic records at the appropriate Port office.
If the Port chooses to deny any portion of these requests, please provide a written explanation of the denial, including a reference to the specific statutory exemption(s) upon which the Port relies. The law requires a prompt response to these requests, and a written statement of the specific reasons for a denial, subject to judicial review and the imposition of statutory costs, attorneys’ fees, and civil penalties for wrongful denial. If the Port intends to withhold any document on the basis of an exemption, but does not provide a brief explanation of how the exemption applies to the record being withheld, such action can be considered an aggravating factor when computing any appropriate sanction. See Sanders v. State, 169 Wn.2d 827, 863–64, 240 P.3d 120 (2010).
Please do not hesitate to contact me if you have any questions regarding this Public Records Request.