The URL can be used to link to this page

04/12/2022 - Regular - PacketMayor: Rob Putaansuu Administrative Official Councilmembers: MarkTrenary E/D & Tourism Committee, Chair Utilities/Sewer Advisory Committee Transportation Committee KRCC-alt Shawn Cucciardi Finance Committee E/D & Tourism Committee Lodging Tax, Chair Fred Chang Economic Development & Tourism Committee Land Use Committee Transportation Committee Jay Rosa pepe Finance Committee, Land Use Committee KRCC, PSRC-alt, PSRCTranspol-alt, KRCCTranspol alt, KRCC Planpol-alt, John Clauson Finance Committee, Chair Utilities/Sewer Advisory Committee Kitsap Public Health District-alt Cindy Lucarelli (Mayor Pro-Tempore) Festival of Chimes & Lights Committee, Chair Utilities/Sewer Advisory Committee, Chair Kitsap Economic Development Alliance Scott Diener Land Use Committee, Chair Transportation Committee Department Directors: Nicholas Bond, AICP Development Director Mark Dorsey, P.E. Director of Public Works/City Engineer Tim Drury Municipal Court Judge Noah Crocker, M.B.A. Finance Director Matt Brown Police Chief Brandy Wallace, MMC, CPRO City Clerk Meeting Location: Council Chambers, V Floor 216 Prospect Street Port Orchard, WA 98366 Contact us: (360) 876-4407 cityhal I@cityofportorchard.us City of Port Orchard Council Meeting Agenda April 12, 2022 6:30 p.m. The City Council meeting is held remotely through Zoom. We have provided options for the public to attend through telephone, internet or other means of remote access, and also provides the ability for persons attending the meeting (not in - person) to hear each other at the some time. Therefore, Remote access only Link: https://us02web.zoom.us/J/84314249907 Zoom Webinar ID: 843 1424 9907 Zoom Call -In: 1 253 215 8782 Guiding Princioles • Are we raising the bar? • Are we honoring the past, but not living in the past? • Are we building connections with outside partners? • Is the decision -making process positively impacting diversity, equity, and inclusion? 1. CALL TO ORDER A. Pledge of Allegiance 2. APPROVAL OF AGENDA 3. CITIZENS COMMENTS (Please limit your comments to 3 minutes for items listed on the Agenda and that are not for a Public Hearing. Please keep your comments respectful and no personal attacks. This is a comment period and not a question -and -answer session. When recognized by the Mayor, please state your name for the official record. If you are attending remotely via telephone, enter *9 from your keypad to raise your hand. 4. CONSENT AGENDA (Approval of Consent Agenda passes all routine items listed below, which have been distributed to each Councilmember for reading and study. Consent Agenda items are not considered separately unless a Councilmember so requests. In the event of such a request, the item is returned to Business Items.) A. Approval of Vouchers and Electronic Payments B. Approval of Payroll and Direct Deposits C. Adoption of a Resolution Declaring a Certain Item as Surplus and Authorizing its Disposition (Wallace) Page 4 D. Adoption of a Resolution Approving the Purchase of Equipment for the Equipment Rental Revolving Fund 500 (Crocker) Page 7 E. Adoption of a Resolution Supporting the 2025-2026 Federal Transportation Funding Cycle Application for the SR166/Bay Street Improvement Project (Geiger to Frederick) (Bond) Page 35 F. Approval of the March 11, 2022, Council Retreat Minutes Page 45 G. Approval of the March 22, 2022, City Council Meeting Minutes Page 59 5. PRESENTATION 6. PUBLIC HEARING A. Continuation of Port Orchard Municipal Code Chapter 5.60 Fireworks Page 65 7. EXECUTIVE SESSION - Pursuant to RCW 42.30.110, the City Council will hold an executive session. The topic(s) and the session duration will be announced prior to the executive session. 8. BUSINESS ITEMS A. Adoption of an Ordinance Amending; Port Orchard Municipal Code Chapter 5.60 Fireworks (Bond) Page 66 B. Adoption of a Resolution Authorizing the Purchase of Kitsap County Tax Parcel No. 4027-023-017-0004 for the Bay Street Pedestrian Pathway Project (Archer) Page 74 C. Adoption of a Resolution Amending Resolution No. 042-20, Exhibit A -Procurement Policies and Procedures (Archer) Page 96 D. Approval of Amendment No. 6 to Contract No. 066-20 with Rice Fergus Miller, Inc. for the Design Development and Construction Drawings of the Port Orchard Community Events Center (Bond) Page 122 E. Adoption of a Resolution Approving a Contract with N.L. Olson & Associations, Inc for the Engineering Services for the Demolition and Removal of the Sidney Water Tower Protect (Lang) Page 150 F. Approval of an Interagency Agreement with the Washington State Department of Commerce to Adopt a Housing Action Plan (Bond) Page 165 G. Adoption of a Resolution Accepting the Lodging Tax Advisory Committee's Recommendation for Additional 2022 Funding Allocation (Wallace) Page 182 H. Adoption of a Resolution Approving Amendment No. 1 to Contract No. 074-21 with CodePros, LLC for Building Inspection and Plan Review Services (Bond) Page 185 I. Approval of a Contract with SAFEBuilt Consultants for Building/Fire Code Plan Review and Building Code Inspection Services (Bond) Page 204 J. Memorandum of Understanding Regarding In Re: National Prescription Opiate Litigation, Case No. 1:17-MD-2804, United States District Court (Archer) Page 219 K. Approval of a Road Closure for a Special Event: The Unforgotten Run to Tahoma (Wallace) Page 220 9. DISCUSSION ITEMS (No Action to be Taken) A. Continued: Veterans Park FS�1! :� Z�] :i ��1 Y��1�1 i, L�l L��] ►�i I � � 1 � � l�� 13. CITIZEN COMMENTS (Please limit your comments to 3 minutes for any items not up for Public Hearing. When recognized by the Mayor, please state your name for the official record. If you are attending remotely via telephone, enter *9 from your keypad to raise your hand.) 14. CITY COUNCIL GOOD OF THE ORDER 15. ADJOURNMENT Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned. The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required. Meeting materials are available on the City's website at: www.cityofportorchard.us or by contacting the City Clerk's office at (360) 876-4407. April 12, 2022, Meeting Agenda Page 2 of 3 COMMITTEE MEETINGS Date & Time Location Economic Development and Tourism Utilities Finance Transportation Remote Access April 18, 2022; 9:30am; 3rd Monday of each month April 12, 2022; 5:00pm Remote Access April 19, 2022; 5:00pm; 3rd Tuesday of each month Remote Access April 26; 2022; 4:30pm; 4ch Tuesday of each month Remote Access Festival of Chimes & Lights April 18, 2022; 3:30pm; 3rd Monday of each month Land Use April 20, 2022; 4:30pm — 3rd Wednesday of each month Lodging Tax Advisory TBD; 2022 Sewer Advisory May 18, 2022; 6:30pm --- --- ------------------ Outside Agency Committees Varies ----------------------------------------------------------- Remote Access Remote Access Remote Access Remote Access Varies Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned. The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required. Meeting materials are available on the City's website at: www.cityofportorchard.us or by contacting the City Clerk's office at (360) 876-4407. April 12, 2022, Meeting Agenda Page 3 of 3 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Consent Agenda 4C Subject: Adoption of a Resolution Declaring a Certain Item as Surplus and Authorizing its Disposition Back to Agenda Meeting Date: April 12, 2022 Prepared by: Brandy Wallace, MMC Atty Routing No. Atty Review Date City Clerk N/A N/A Summary: Assets of the City that are no longer useable, are no longer of value to the City, or are surplus to City needs may be removed from City ownership, sold, or in any other way disposed with a declaration of surplus by the City Council. Staff is asking the Council to surplus a 1989 Ford F800 dump truck and plow attachment, belonging to the street fund. The vehicle and attachment have reached the end of their useful life. The Finance department has estimated the current value of $0.00. Although the City's internal asset value of the items have been determined to be of no value, any money from the sale of surplus property is deposited into the Fund which owned the item. When disposal is to the general public through direct sale, sealed bid or auction, final determination of value shall be the highest responsible bid or offer. The City may transfer a surplus asset to another public agency upon written request and a determination that it is in the public interest. Staff will dispose the item in a manner that reflects the best interest of the City. Recommendation: Staff recommends adoption of a Resolution declaring the vehicle and attachment surplus and allowing for its disposition. Relationship to Comprehensive Plan: N/A Motion for consideration: I move to adopt a resolution declaring a 1989 Ford F800 dump truck and plow attachment surplus and authorizing its disposition. Fiscal Impact: Money received from the disposition of surplus item is deposited in the Fund of ownership. Alternatives: Do not adopt. Attachments: Resolution. Page 4 of 232 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, DECLARING CERTAIN ITEMS AS SURPLUS AND AUTHORIZING ITS DISPOSITION. WHEREAS, certain personal property owned by the Street Fund of the City of Port Orchard has become surplus to the needs of the City; and WHEREAS, the City Council has determined that the current asset value of the item to be $0.00; and WHEREAS, the City Council has, pursuant to the requirements of POMC 1.30.020, considered the possible future requirements of the City, the present value of the personal property, the likelihood of locating a buyer, possible intergovernmental cooperation, and the general welfare of the citizens of Port Orchard in determining whether it is in the best interest of the City to dispose of such personal property; and WHEREAS, the City Council desires to dispose a 1989 FORD Dump Truck F800 with plow attachment, in the best interest of the City; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The 1989 FORD Dump Truck F800 Vin # 1FDXF82KXLVA00293 with plow attachment is declared as surplus to the needs of the City. Staff is instructed to dispose of the item in a manner that reflects the best interest of the City. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage this 121" day of April 2022. ATTEST: Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 5 of 232 ORCHARD. MEMORANDUM TO: Gretchen Isaksson FROM: Mark Dorsey, P.E. DATE: 3/28/2022 REGARDING: 1989 Ford F800 Dump Truck & Plow ER&R# 1030 Back to Agenda The Public Works Department procured and purchased a new dump truck, plow, and sander to replace the 1989 Ford F800 dump truck and plow that has reached the end of its useful life. The Public Works Department wishes to surplus this dump truck and plow. Mark Dorsey, P.E. PUBLIC WORKS PHONE (360)876.49911 FAX (360) 876.4980 216 PROSPECT ST PORT ORCHARD, WA 98366 EMAIL: PUBLICWORKS@CITYOFPORTORCHARD.US Page 6 of 232 WWW.CITYOFPORTORCHARD.US ;W 4 a Agenda Item No.: Subject: City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Consent Agenda 4D Adoption of a Resolution Approving the Purchase of Equipment for the Equipment Rental Revolving Fund 500 Back to Agenda Meeting Date: April 12, 2022 Prepared by: Noah Crocker Finance Director Atty Routing No.: N/A Atty Review Date: N/A Summary: The City Council adopted the 2021-2022 Biennial Budget, which included $709,000 for the purchase of vehicles and equipment for the Equipment Rental and Revolving Fund 500. The Biennial Budget review identified the need for additional vehicles to be purchased. Ordinance 050-21 amended the budget to include the purchase of 6 additional vehicles and increase the fund by $343,630. The City is following RCW 43.19.648 which requires local governments, to the extent determined practicable by the rules adopted by the department of commerce, to satisfy the fuel usage for operating publicly owned vehicles from electricity and biofuels. The purchase of 4 Ford F150 Lightening (BEV) will meet this standard. The City's Procurement Policies require City Council approval for purchases costing $35,000 or more. The equipment listed in the proposed resolution is within the limits of the Biennial Budget and meets the City's fleet standardization policies. The proposed Resolution is to provide the City Council's approval of the vehicle purchases in accordance with the procurement procedures established by the City Council. Recommendation: Staff recommends approving the Resolution as proposed. Relationship to Comprehensive Plan: N/A Motion for consideration: "I move to adopt a resolution, providing City Council approval of the purchase of vehicles and equipment in accordance with the City's fleet standardization policies and the 2021-2022 Biennial Budget." Fiscal Impact: Estimate Cost: —$ 228,000 including sales taxes, outfitting of the vehicles and miscellaneous expenses. Alternatives: Do not approve resolution and provide alternative guidance. Attachment: Resolution. Page 7 of 232 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING THE PURCHASE OF VEHICLES FOR THE EQUIPMENT RENTAL REVOLVING FUND. WHEREAS, the City Council has approved Ordinance No. 035-20, approving the 2021-2022 Biennial Budget; and WHEREAS, the 2021-2022 Biennial Budget includes $709,000 for capital purchases of vehicles and equipment for the Equipment Rental and Revolving fund; and WHEREAS, the Biennial Budget review identified the need for additional vehicles to be purchased. Ordinance No. 050-21 amended the budget to include the purchase of 6 additional vehicles and increase the fund by $343,630; and WHEREAS, the City Council has approved procurement policies which require City Council authorization for purchasing items costing $35,000 or more; and WHEREAS, the attached purchase order is for the purchase of vehicles in an amount that exceeds the $35,000 authorization limit; and WHEREAS, the purchase orders are for vehicles that meet the fleet standardization policy as adopted by the City Council, and are consistent with the 2021-2022 Biennial Budget; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The City Council approves the purchase of all vehicles listed in the purchase order attached hereto in Exhibit A. The Mayor or his designee is authorized to take action consistent with this authorization. THAT: The Resolution shall take full force and effect upon passage and signatures hereon. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage this 12`" day of April 2022. ATTEST: Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 8 of 232 City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 (360) 876-4407 Bud Clary Ford/Hyundai 700 7th Avenue P.O. Box 127 Longview WA 98632 Bill To: Attn: Accounts Payable City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 ap@cityofportorchard.us PURCHASE Back to Agenda ORDE P.O. No. 021-22 Date: April 5, 2022 Ship To: City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 Ordered By: Authorized Signature: Tony Lang Public Works Department City Clerk or Authorized Representative Signature Qty Description Unit Price Total 4 2022 Ford F150 Lightning, Battery Electric Vehicle $45,182.00 $180,728.00 Procurement: Department of Enterprise Services (DES) *Please see attached for more information. Please note the Sales Tax is incorrect on the documents* IF TOTAL COST IS OVER $7,500.00 ATTACH PROCUREMENT DOCUMENTS THIS ORDER IS A CONFIRMATION Yes THIS ORDER IS NOT A CONFIRMATION ACCOUNT CODE: Varies. See attached docs. Subtotal Freight Tax (9.2%) Addit. Fees Bal Due $180,728.00 $16,626.98 $197,354.98 Page 9 of 232 Back to Agenda ipfive Return completed document by September 24, 2021 Date: 9/24/2021 Department: Finance Clkk an mN. Uw draw w n. menu to I—% aeran—m Reduction in Expense: Description: B.A.R.S. Coding Amount Total » Increase in Expense (Maior increase In Budgeted Expenditures) : Description: B.A.R.S. Coding Amount Mechanic Request for Additional Equipment & Tools Total 500A 0.548.30.30 15750 » Modifications (Mission Critical, Unforseen, Major Expenditures): Description: B.A.R.S. Coding Amount Public Works Additon to Fleet Water Truck 500.10.594.34.60 500.10.594.35.60 500.10.594.31.60 57,000.00 Public Works Additon to Fleet Sewer Truck 57,000.00 Public Works Additon to Fleet Storm Truck 57,000.00 Public Works Additon to Fleet Street Truck 500.10.594.42.60 57,000.00 Public Works Additon to Fleet Parks EV Max 500-10-594.76.60 45,500.00 Department of Community Development Addition to Fleet Truck 500.10.594.24.60 10,500.00 .Additional Mechanic - salaries 500.10.548.30.10 69,650.00 Additional Mechanic - benefits 500.10.548.30.20 40,550.00 Total 3!!!!!!!!94,200.00 Page 10 of 232 Back to Agenda f I ORCHARd Equipment Rental & Revolving Fund Purchase Request Form RCW 43.19.648 — Requires all local governments to convert their vehicle fleets to electricity or biofuel. Local governments are required to transition all vehicles to electricity or biofuels to the extent practicable. WAC 194-29-030 provides further guidance regarding this issue. If it is not practical for local governments to use electricity or biofuel for police, fire or emergency response vehicles, including utility vehicles frequently used for emergency response, it is encouraged to consider alternate fuels and vehicle technologies to displace gasoline and diesel fuel use. Please attach the quote for vehicle / equipment. Department Water ewer Storm Street Public Works DCD Police Admin Addition or replacement Addition to Fleet Replacemeni Vehicle / Equipment being replaced: Fleet Standardization Requested Vehicle / Equipment follows fleet standardizations listed below Requested Vehicle / Equipment DOES NOTfollow fleet standardizations listed below List items that are not fleet standard and reason for addition Cost 9,977, Fleet Standard cost 40 Additional cost for consideration Q 7 TOTAL J �oC�ftMtrrr = A If�rn�n-� o� �il�er �►5� s�/V%cef (�S� Page 1'1 of 232 Back to Agenda STANDARDS FOR VEHICLES Police Department Standard Vehicle Model Chassis Drive Train Color Graphics Accessories Ford Sedans Automatic Black City Decal Lights SUV 2WD Vehicle Number Radios 4WD I Antennas AWD Public Works and Planning Standard Truck Model Chassis Cab Size Drive Train Color Graphics Accessories Ford 1/2 Ton Regular Automatic White City Logo Lights 3/4 Ton Extended 2WD Truck Number Radios 1 Ton Crew Cab 4WD Antennas Tool Boxes Administration and Planning Standard Vehicle Type Chassis Drive Train Color Graphics Accessories Electric Sedans Automatic White City Logo Lights Biofuel SUV 2WD Vehicle Number Radios 4WD Antennas AWD I have reviewed the vehicles / equipment listed above and request al)provaI for purchase. Approved for purchase by: ER �Representat a Date Page 12 of 232 Back to Agenda Tony Lang From: NOREPLY@des.wa.gov Sent: Friday, March 18, 2022 11:33 AM To: Tony Lang Cc: sean.hoffert@des.wa.gov Subject: Vehicle Quote - 2022-3-230 - PORT ORCHARD, CITY OF - 21802 Vehicle Quote Number: 2022-3-230 Create Purchase Request View organization purchase requests This is a quote only. You must create a purchase request to order this vehicle(s) Contract & Dealer Information Contract #: 05916 Dealer: Bud Clary Ford/Hyundai (W403) 700 7th Avenue PO Box 127 Longview WA 98632 Organization Information Organization: PORT ORCHARD, CITY OF - 21802 Email: tlang@cityofportorchard.us Quote Notes: Vehicle Location: PORT ORCHARD Color Options & Qty Oxford White (YZ) - 4 Tax Exempt: N Vehicle Options Order Code Option Description 7n77-nR7r,-nn1 ?ng? Fnrd F1 rn I inhtninn Rattary Flarfrir Vahirla (RFV) Dealer Contact: Kathleen Brennan Dealer Phone: (360) 423-4321 Ext: 7183 Dealer Email: ford.orders@budclary.com Qty Unit Price Ext. Price 4 $38,240.00 $152,960.00 2022-0826-018 Tailgate Step (inc. Tailgate Work Surface) (63T) 2022-0826-204 Floor Mats, HD Rubber Molded, Front (Weather Tech) (DLR) 2022-0826-205 Floor Mats, HD Rubber Molded, Rear (Weather Tech) (DLR) 4 4 4 $456.00 $120.00 $100.00 $1,824.00 $480.00 $400.00 2022-0826-206 Mud flaps, Front (DLR) 4 $75.00 $300.00 2022-0826-207 Mud Flaps, Rear (DLR) 4 $75.00 $300.00 2022-0826-210 Undercoating (Wheel Wells Only) (DLR) 4 $125.00 $500.00 2022-0826-211 Service Manual, CD (DLR) 4 $221.00 $884.00 2022-0826-212 Service Wiring Diagram, Paper (DLR) 4 $87.00 $348.00 2022-0826-215 Spotlight, LED 6 inch, Clear Lens, Pillar Mounted, Driver Side (Unity) (DLR) 4 $560.00 $2,240.00 1 Page 13 of 232 Back to Agen 2022-0826-217 SPRAY -IN Bedliner (Line-X) (DLR) - 2,140.00 I 2022-0826-301 Crossbody toolbox - single lid (70L x 20W x 12.51D) (Adrian AD100) (TB301) 4 $884.00 $3,536.00 2022-0826-362 Cab Rack - flat perforated aluminum sheet screen insert (ALL CBGD) (TB362) 4 $858.00 $3,432.00 2022-0826-368 Cab Rack Option - Mini-Lightbar Mount, 10x15, installed centered on cab guard. (ALL CBGD-BP) 4 $75.00 $300.00 (TB368) 2022-0826-772 AMBER: Basic Warning Package (All F150 Models): Installation of 2 amber grill lights, 2 amber led 4 $2,375.00 $9,500.00 inserts in reverse lenses, and NROADS 17 inch amber lightbar mounted on roof, cabguard, or independent mount (below) and 8 button switch panel. (DWS-F150-A-2) (DW772) 2022-0826-791 Rear Work Lighting: Installed, (2) rear work lights attached to cabguard facing rear cargo area. Wired 4 $282.00 $1,128.00 to switch on dash or siren controller. (Requires Cabguard) (DW791) I- 2022-0826-792 Radio Prewire - Includes single antenna mount installed in roof and power wiring to center console area 4 $114.00 $456.00 (includes battery, ground, ignition) (DW792) Quote Totals Total Vehicles: 4 Sub Total: $180,728.00 8.4 % Sales Tax: $15,181.15 Quote Total: $195,909.15 2 Page 14 of 232 Vehicle: 2022 Ford F150 Lightning, Battery Electric Vehicle (BEV) 2022-082 Back to Agenda Contract #: 05916 - Pick-up Trucks ( 2WD - 4WD) Dealer: Bud Clary Ford/Hyundai Vehicle Standard Specifications And Additional Information Specification Description Specification PRO Trim Level, Crew Cab, 4WD, 145in Wheelbase, 5.5ft Bed ] I0A/l45WB Dual eMotors - Standard Battery (98 kWh Usable Capacity Standard Range High -Voltage Battery); front/rear transverse mounted; (2) inboard three-phase fixed magnet AC motors 99L w/ internal PMAC congtroller and trans axles Single -Speed Transmission 44L Mobile Power Cord (120V/24OV) STANDARD Vehicle Charge Capability [SAE J1772 CCS (Combo Connector System); Charge Port STANDARD capable of charging on 120V, 240V and Direct Current (DC Fast Charge)] Onboard Charger Power (input/output): 11.3 kw/l0.5kW w/ standard range battery; 19.2 STANDARD kw/17.6 kw w/ extended range battery 2.4kW Exportable Power [Includes (8) 120v outlets (8) USB outlets] Locations: [IN -CAB STANDARD (2) 120v and (6) USB; IN -BED (2) 120v; FRUNK: (4) 120v and (2) USB] Horsepower: Targeted Peak Power (hp/kW): 426/318 w/ standard range battery; 563/420 STANDARD w/ extended range battery Torque: Targeted Peak Torque (lb. - ft.): 775 w/ standard range battery; 775 w/ extended STANDARD range battery GVWR: 8250# GVWR w/ standard range battery; 8550# GVWR w/ extended range STANDARD battery Average eMPG (US Dept of Energy): Targeted: 230 miles w/ standard range battery; 300 INFO w/ extended range battery Front Door Lock Cylinders (Driver/Passenger) with (4) Integrated Flip Keys, Remote STD/DLR Keyless Entry Full-size spare tire, spare tire carrier, rear under frame STANDARD Tires & Wheels: 2275/65R 18in All -Terrain (A/T) Tires, 18in machined wheels w/ black STANDARD high gloss pockets Tire Chain/Traction Devise Compatible. Describe: TBD INFO Seating configuration: Vinyl Buckets w/ flow -through console and floor shifter, 2-way TTVS manual seats, 2nd row 60/40 flip -up split seat w/ elongated cushion Flooring material: black vinyl STANDARD Rear Axle Ratio: Rear eLocking Axle STANDARD Ground Clearance: TBD STANDARD Skid Plates: NO STANDARD Air Bags: Airbags: driver and passenger front airbags and seat -mounted side airbags, 1st STANDARD and 2nd row Safety Canopy side -curtain airbags Fleet deviations from retail: None STANDARD Ford Co-Pilot360 2.0 Technology (Includes Autolamp w/ auto on/off headlamps; Pre - collision assist w/ Automatic Emergency Braking, pedestrian detection, forward collision warning, dynamic brake support; BLIS w/ Cross -Traffic Alert; Lane -Keeping System; STANDARD rearview camera; auto high bearn; reverse sensing system; reverse brake assist; post - collision braking; cruise control) FordPass Connect: 4G LTE Wi-Fi Hotspot connects up to 10 devices (complimentary trial subscription of 3 months or 3 gigabytes); enables FordPass App features (remotely STANDARD start/lock/unlock vehicle, locate parked vehicle, check vehicle current state of charge and set departure times, schedule charge times, locate and pay for charging); FordPass Connect (continued): Also includes Ford Telematics and Data Services Prep which provides vehicle location, speed, idle time, fuel, vehicle diagnostics and STANDARD maintenance alerts, enables telematics services through Ford or authorized providers. AM/FM Stereo with (6) speakers STANDARD SYNC4 w/ Enhanced Voice Recognition (12in LCD capacitive touchscreen w/ swipe STANDARD capability, Information -On -Demand panel, wireless phone connection, Cloud connected, AppLink w/ App Catalog, 911 Assist, Wireless Apple CarPlay and Android Auto Page 15 of 232 compatibility, digital owners manual, conversational voice command recog connected built-in navigation (requires activation of FordPass member acco Electric Engine Cooling Fan STANDARD Electric Parking Brake (includes auto hold) STANDARD Power Up/Down Front Hood (includes large front trunk area) STANDARD LED projector w/ dynamic bending headlamps STANDARD 12-inch Digital Productivity Screen STANDARD Compass Display, Outside Temperature Display STANDARD Visors w/ driver and passenger covered mirrors STANDARD 4-wheel disc brakes with Anti -Locking Braking System (ABS) STANDARD Heavy-duty dual front shocks; front/rear coil springs; independent rear suspension, rear semi -trailing arm; front/rear stabilizer bars STANDARD Bumpers and front grille, black STANDARD LED center high -mounted stop lamp (CHMSL)(includes integrated cargo lamp) STANDARD Daytime running lights (DRL)(On/Off Cluster Controllable) STANDARD Class IV Hitch, (2) front tow hooks STANDARD Fully boxed steel frame STANDARD Pickup box tie -downs (4) STANDARD Power door locks and windows STANDARD Sideview Mirrors, manual -folding, manual glass with black skull caps STANDARD Tailgate w/ tailgate lift assist, removable with key lock STANDARD Trailer Sway Control STANDARD Windshield wipers with intermittent speed STANDARD Dual -zone Electronic Automatic Temperature Control STANDARD Rear window with fixed privacy glass STANDARD Rearview mirror, auto -dimming STANDARD Manual tilt/telescoping steering wheel STANDARD AdvanceTrac with Roll Stability Control (RSC) STANDARD Seat belts: Active Restraint System (ARS), three-point manual lap/shoulder belts with height adjusters, pretensioners and energy management retractors on outside front positions STANDARD SOS Post -Crash Alert System STANDARD Tire Pressure Monitoring System (TPMS) STANDARD Page 16 of 232 Back to Agenda F;i Y! ORCHARD Equipment Rental & Revolving Fund Purchase Request Form RCW 43.19.648 — Requires all local governments to convert their vehicle fleets to electricity or biofuel. Local governments are required to transition all vehicles to electricity or biofuels to the extent practicable. WAC 194-29-030 provides further guidance regarding this issue. If it is not practical for local governments to use electricity or biofuel for police, fire or emergency response vehicles, including utility vehicles frequently used for emergency response, it is encouraged to consider alternate fuels and vehicle technologies to displace gasoline and diesel fuel use. Please attach the quote for vehicle / equipment. Department Water Sewer Storm Street Public Works DCD Police Admin Addition or replacement X Addition to Fleet Replacement Vehicle / Equipment being replaced: Fleet Standardization Requested Vehicle / Equipment follows fleet standardizations listed below Requested Vehicle / Equipment DOES NOT follow fleet standardizations listed below List items that are not fleet standard and reason for addition Cost Fleet Standard cost Additional cost for consideration { TOTAL V) L � n1 (EL 4 � Page 17 of 232 Back to Agenda STANDARDS FOR VEHICLES Police Department Standard Vehicle Model Chassis Drive Train Color Graphics Accessories Ford Sedans Automatic Black City Decal Lights SUV 2WD Vehicle Number Radios 4WD Antennas AWD Public Works and Planning Standard Truck Model. Chassis Cab Size Drive Train Color Graphics Accessories Ford 1/2 Ton Regular Automatic White City Logo Lights 3/4 Ton Extended 2WD Truck Number Radios 1 Ton Crew Cab 4WD Antennas Tool Boxes Administration and Planning Standard Vehicle Type Chassis Drive Train Color Graphics Accessories Electric Sedans Automatic White City Logo Lights Biofuel SUV 2WD Vehicle Number Radios 4WD Antennas AWD I have reviewed the vehicles / equipment listed above and request Approved for purchase by: EAR Represe tative Date for purchase. Page 18 of 232 Back to Agenda Tony Lang From: NOREPLY@des.wa.gov Sent: Friday, March 18, 2022 11:33 AM To: Tony Lang Cc: sean.hoffert@des.wa.gov Subject: Vehicle Quote - 2022-3-230 - PORT ORCHARD, CITY OF - 21802 Vehicle Quote Number: 2022-3-230 Create Purchase Request View organization purchase requests This is a quote only. You must create a purchase request to order this vehicle(s) Contract & Dealer Information Contract #: 05916 Dealer: Bud Clary Ford/Hyundai (W403) 700 7th Avenue PO Box 127 Longview WA 98632 Organization Information Organization: PORT ORCHARD, CITY OF - 21802 Email: tlang@cityofportorchard.us Quote Notes: Vehicle Location: PORT ORCHARD Color Options & Qty Oxford White (YZ) - 4 Tax Exempt: N Vehicle Options Dealer Contact: Kathleen Brennan Dealer Phone: (360) 423-4321 Ext: 7183 Dealer Email: ford.orders@budclary.com Order Code Option Description Qty Unit Price Ext. Price 2022-0826-001 2022 Ford F150 Lightning, Battery Electric Vehicle (BEV) 4 $38,240.00 $152,960.00 2022-0826-018 Tailgate Step (inc. Tailgate Work Surface) (63T) 4 $456.00 $1,824.00 2022-0826-204 Floor Mats, HD Rubber Molded, Front (Weather Tech) (DLR) 4 $120.00 $480.00 2022-0826-205 Floor Mats, HD Rubber Molded, Rear (Weather Tech) (DLR) 4 $100.00 $400.00 2022-0826-206 Mud flaps, Front (DLR) 4 $75.00 $300.00 2022-0826-207 Mud Flaps, Rear (DLR) 4 $75.00 $300.00 2022-0826-210 Undercoating (Wheel Wells Only) (DLR) 4 $125.00 $500.00 2022-0826-211 Service Manual, CD (DLR) 4 $221.00 $884.00 2022-0826-212 Service Wiring Diagram, Paper (DLR) 4 $87.00 $348.00 2022-0826-215 Spotlight, LED 6 inch, Clear Lens, Pillar Mounted, Driver Side (Unity) (DLR) 4 $560.00 $2,240.00 1 Page 19 of 232 2022-0826-217 SPRAY -IN Bedliner (Line-X) (DLR) 2022-0826-301 Crossbody toolbox - single lid (70L x 20W x 12.51D) (Adrian AD100) (TB301) 40.00 4 $884.00 $3,536.00 2022-0826-362 Cab Rack - flat perforated aluminum sheet screen insert (ALL CBGD) (TB362) 4 $858.00 $3,432.00 2022-0826-368 Cab Rack Option - Mini-Lightbar Mount, 10x15, installed centered on cab guard. (ALL CBGD-BP) 4 $75.00 $300.00 (TB368) 2022-0826-772 AMBER: Basic Warning Package (All F150 Models): Installation of 2 amber grill lights, 2 amber led 4 $2,375.00 $9,500.00 inserts in reverse lenses, and NROADS 17 inch amber lightbar mounted on roof, cabguard, or independent mount (below) and 8 button switch panel. (DWS-F150-A-2) (DW772) 2022-0826-791 Rear Work Lighting: Installed, (2) rear work lights attached to cabguard facing rear cargo area. Wired 4 $282.00 $1,128.00 to switch on dash or siren controller. (Requires Cabguard) (DW791) 2022-0826-792 Radio Prewire - Includes single antenna mount installed in roof and power wiring to center console area 4 $114.00 $456.00 (includes battery, ground, ignition) (DW792) Quote Totals Total Vehicles: 4 Sub Total: $180,728.00 8.4 % Sales Tax: $15,181.15 Quote Total: $195,909.15 2 Page 20 of 232 Vehicle: 2022 Ford F150 Lightning, Battery Electric Vehicle (BEV) 2022-082 Contract #: 05916 - Pick-up Trucks ( 2WD - 4WD) Dealer: Bud Clary Ford/Hyundai Vehicle Standard Specifications And Additional Information Specification Description Specification PRO Trim Level, Crew Cab, 4WD, 145in Wheelbase, 5.5ft Bed 110A/145WB Dual eMotors - Standard Battery (98 kWh Usable Capacity Standard Range High -Voltage Battery); front/rear transverse mounted; (2) inboard three-phase fixed magnet AC motors 99L w/ internal PMAC congtroller and trans axles Single -Speed Transmission 44L Mobile Power Cord (120V/240V) STANDARD Vehicle Charge Capability [SAE J1772 CCS (Combo Connector System); Charge Port STANDARD capable of charging on 120V, 240V and Direct Current (DC Fast Charge)] Onboard Charger Power (input/output): 11.3 kw/10.5kW w/ standard range battery; 19.2 STANDARD kw/17.6 kw w/ extended range battery 2.4kW Exportable Power [Includes (8) 120v outlets (8) USB outlets] Locations: [IN -CAB STANDARD (2) 120v and (6) USB; IN -BED (2) 120v; FRUNK: (4) 120v and (2) USB] Horsepower: Targeted Peak Power (hp/kW): 426/318 w/ standard range battery; 563/420 STANDARD w/ extended range battery Torque: Targeted Peak Torque (lb. - ft.): 775 w/ standard range battery; 775 w/ extended STANDARD range battery GVWR: 8250# GVWR w/ standard range battery; 8550# GVWR w/ extended range STANDARD battery Average eMPG (US Dept of Energy): Targeted: 230 miles w/ standard range battery; 300 INFO w/ extended range battery Front Door Lock Cylinders (Driver/Passenger) with (4) Integrated Flip Keys, Remote STD/DLR Keyless Entry Full-size spare tire, spare tire carrier, rear under frame STANDARD Tires & Wheels: 2275/65R 18in All -Terrain (A/T) Tires, 18in machined wheels w/ black STANDARD high gloss pockets Tire Chain/Traction Devise Compatible. Describe: TBD INFO Seating configuration: Vinyl Buckets w/ flow -through console and floor shifter, 2-way TTVS manual seats, 2nd row 60/40 flip -up split seat w/ elongated cushion Flooring material: black vinyl STANDARD Rear Axle Ratio: Rear eLocking Axle STANDARD Ground Clearance: TBD STANDARD Skid Plates: NO STANDARD Air Bags: Airbags: driver and passenger front airbags and seat -mounted side airbags, 1 st STANDARD and 2nd row Safety Canopy side -curtain airbags Fleet deviations from retail: None STANDARD Ford Co-Pilot360 2.0 Technology (Includes Autolamp w/ auto on/off headlamps; Pre - collision assist w/ Automatic Emergency Braking, pedestrian detection, forward collision warning, dynamic brake support; BLIS w/ Cross -Traffic Alert; Lane -Keeping System; STANDARD rearview camera; auto high beam; reverse sensing system; reverse brake assist; post - collision braking; cruise control) FordPass Connect: 4G LTE Wi-Fi Hotspot connects up to 10 devices (complimentary trial subscription of 3 months or 3 gigabytes); enables FordPass App features (remotely STANDARD start/lock/unlock vehicle, locate parked vehicle, check vehicle current state of charge and set departure times, schedule charge times, locate and pay for charging); FordPass Connect (continued): Also includes Ford Telematics and Data Services Prep which provides vehicle location, speed, idle time, fuel, vehicle diagnostics and STANDARD maintenance alerts, enables telematics services through Ford or authorized providers. AM/FM Stereo with (6) speakers STANDARD SYNC4 w/ Enhanced Voice Recognition (12in LCD capacitive touchscreen w/ swipe STANDARD capability, Information -On -Demand panel, wireless phone connection, Cloud connected, AppLink w/ App Catalog, 911 Assist, Wireless Apple CarPlay and Android Auto Paqe 21 of 232 compatibility, digital owners manual, conversational voice command recogroffamET—to Agenda connected built-in navigation (requires activation of FordPass member accocn rr— Electric Engine Cooling Fan STANDARD Electric Parking Brake (includes auto hold) STANDARD Power Up/Down Front Hood (includes large front trunk area) STANDARD LED projector w/ dynamic bending headlamps STANDARD 12-inch Digital Productivity Screen STANDARD Compass Display, Outside Temperature Display STANDARD Visors w/ driver and passenger covered mirrors STANDARD 4-wheel disc brakes with Anti -Locking Braking System (ABS) STANDARD Heavy-duty dual front shocks; front/rear coil springs; independent rear suspension, rear semi -trailing arm; front/rear stabilizer bars STANDARD Bumpers and front grille, black STANDARD LED center high -mounted stop lamp (CHMSL)(includes integrated cargo lamp) STANDARD Daytime running lights (DRL)(On/Off Cluster Controllable) STANDARD Class IV Hitch, (2) front tow hooks STANDARD Fully boxed steel frame STANDARD Pickup box tie -downs (4) STANDARD Power door locks and windows STANDARD Sideview Mirrors, manual -folding, manual glass with black skull caps STANDARD Tailgate w/ tailgate lift assist, removable with key lock STANDARD Trailer Sway Control STANDARD Windshield wipers with intermittent speed STANDARD Dual -zone Electronic Automatic Temperature Control STANDARD Rear window with fixed privacy glass STANDARD Rearview mirror, auto -dimming STANDARD Manual tilt/telescoping steering wheel STANDARD AdvanceTrac with Roll Stability Control (RSC) STANDARD Seat belts: Active Restraint System (ARS), three-point manual lap/shoulder belts with height adjusters, pretensioners and energy management retractors on outside front positions STANDARD SOS Post -Crash Alert System STANDARD Tire Pressure Monitoring System (TPMS) STANDARD Page 22 of 232 If A Q CHARD Equipment Rental & Revolving Fund Purchase Request Form RCW 43.19.648 — Requires all local governments to convert their vehicle fleets to electricity or biofuel. Local governments are required to transition all vehicles to electricity or biofuels to the extent practicable. WAC 194-29-030 provides further guidance regarding this issue. If it is not practical for local governments to use electricity or biofuel for police, fire or emergency response vehicles, including utility vehicles frequently used for emergency response, it is encouraged to consider alternate fuels and vehicle technologies to displace gasoline and diesel fuel use. Please attach the quote for vehicle / equipment. Department Water Sewer Storm Street Public Works DCD Police Admin Addition or replacement Addition to Fleet Replacemeni Vehicle / Equipment being replaced: Fleet Standardization �( Requested Vehicle / Equipment follows fleet standardizations listed below Requested Vehicle / Equipment DOES NOT follow fleet standardizations listed below List items that are not fleet standard and reason for addition Cost ,171,11 Fleet Standard cost Additional cost for consideration (PAd;d, G fy 1oje, bewr ,,7) .M TOTAL �Jcfu ;on ao.�.2 red r/5o 1-441;(D"ev) P '� hot u (e "..ri VA rim m[ of 4! �;e f /f� Swice,r (dES) Page 23 of 232 STANDARDS FOR VEHICLES Police Department Standard Vehicle Model Chassis Drive Train Color Graphics Accessories Ford Sedans Automatic Black City Decal Lights SUV 2WD Vehicle Number Radios 4WD Antennas AWD Public Works and Planning Standard Truck Model Chassis Cab Size Drive Train Color Graphics Accessories Ford 1/2Ton Regular Automatic White City Logo Lights 3/4 Ton Extended 2WD Truck Number Radios 1 Ton Crew Cab 4WD Antennas Tool Boxes Administration and Planning Standard Vehicle Type Chassis Drive Train Color Graphics Accessories Electric Sedans Automatic White City Logo Lights Biofuel SUV 2WD Vehicle Number Radios Antennas 4WD AWD I have reviewed the vehicles / equipment listed above and request approval for purchase. Approved for purchase by: ER R Represen ative 3 la s-)aa Date 2 Page 24 of 232 Back to Agenda Tony Lang From: NOREPLY@des.wa.gov Sent: Friday, March 18, 2022 11:33 AM To: Tony Lang Cc: sean.hoffert@des.wa.gov Subject: Vehicle Quote - 2022-3-230 - PORT ORCHARD, CITY OF - 21802 Vehicle Quote Number: 2022-3-230 Create Purchase Request View-orgapfzption purchase requests This is a quote only. You must create a purchase request to order this vehicle(s) Contract & Dealer Information Contract #: 05916 Dealer: Bud Clary Ford/Hyundai (W403) 700 7th Avenue J PO Box 127 �+ Longview WA 98632 Organization Information Organization: PORT ORCHARD, CITY OF - 21802 Email: tlang@cityofportorchard.us Quote Notes: Vehicle Location: PORT ORCHARD Color Options & Qty Oxford White (YZ) - 4 Tax Exempt: N Vehicle Options Order Code Option Description 2022-0826-001 2022 Ford F150 Lightning, Battery Electric Vehicle (BEV) `2022-0826-018 Tailgate Step (inc. Tailgate Work Surface) (63T) 2022-0826-204 Floor Mats, HD Rubber Molded, Front (Weather Tech) (DLR) 2022-0826-205 Floor Mats, HD Rubber Molded, Rear (Weather Tech) (DLR) 2022-0826-206 Mud flaps, Front (DLR) 2022-0826-207 Mud Flaps, Rear (DLR) 2022-0826-210 Undercoating (Wheel Wells Only) (DLR) Dealer Contact: Kathleen Brennan Dealer Phone: (360) 423-4321 Ext: 7183 Dealer Email: ford.orders@budclary.com 2022-0826-211 Service Manual, CD (DLR) 2022-0826-212 Service Wiring Diagram, Paper (DLR) 2022-0826-215 Spotlight, LED 6 inch, Clear Lens, Pillar Mounted, Driver Side (Unity) (DLR) Qty Unit Price Ext. Price 4 $38,240.00 $152,960.00 4 $456.00 $1,824.00 4 $120.00 $480.00 4 $100.00 $400.00 4 $75.00 $300.00 4 $75.00 $300.00 4 $125.00 $500.00 4 $221.00 $884.00 4 $87.00 $348.00 4 $560.00 $2,240.00 1 Page 25 of 232 F22022-0826-217 SPRAY -IN Bedliner (Line-X) (DLR) Back to Agenda $2,140.00 2022-0826-301 Crossbody toolbox - single lid (70L x 20W x 12.5D) (Adrian AD100) (TB301) 4 $884.00 $3,536.00 2022-0826-362 Cab Rack - flat perforated aluminum sheet screen insert (ALL CBGD) (TB362) 4 $858.00 $3,432.00 2022-0826-368 Cab Rack Option - Mini-Lightbar Mount, 10x15, installed centered on cab guard. (ALL CBGD-BP) 4 $75.00 $300.00 (TB368) 2022-0826-772 AMBER: Basic Warning Package (All F150 Models): Installation of 2 amber grill lights, 2 amber led 4 $2,375.00 $9,500.00 inserts in reverse lenses, and NROADS 17 inch amber lightbar mounted on roof, cabguard, or ` independent mount (below) and 8 button switch panel. (DWS-F150-A-2) (DW772) 12022-0826-791 Rear Work Lighting: Installed, (2) rear work lights attached to cabguard facing rear cargo area. Wired 4 $282.00 $1,128.00 to switch on dash or siren controller. (Requires Cabguard) (DW791) 2022-0826-792 Radio Prewire - Includes single antenna mount installed in roof and power wiring to center console area 4 $114.00 $456.00 (includes battery, ground, ignition) (DW792) Total Vehicles: 4 Sub Total: $180,728.00 8.4 % Sales Tax: $15,181.15 Quote Total: $195,909.15 2 Page 26 of 232 Vehicle: 2022 Ford F150 Lightning, Battery Electric Vehicle (BEV) 2022-082 Contract #: 05916 - Pick-up Trucks ( 2WD - 4WD) Dealer: Bud Clary Ford/Hyundai Vehicle Standard Specifications And Additional Information Specification Description Specification PRO Trim Level, Crew Cab, 4WD, 145in Wheelbase, 5.5ft Bed 110A/145WB Dual eMotors - Standard Battery (98 kWh Usable Capacity Standard Range High -Voltage Battery); front/rear transverse mounted; (2) inboard three-phase fixed magnet AC motors 99L w/ internal PMAC congtroller and trans axles Single -Speed Transmission 44L Mobile Power Cord (120V/24OV) STANDARD Vehicle Charge Capability [SAE J1772 CCS (Combo Connector System); Charge Port STANDARD capable of charging on 120V, 240V and Direct Current (DC Fast Charge)] Onboard Charger Power (input/output): 11.3 kw/10.5kW w/ standard range battery; 19.2 STANDARD kw/17.6 kw w/ extended range battery 2.4kW Exportable Power [Includes (8) 120v outlets (8) USB outlets] Locations: [IN -CAB STANDARD (2) 120v and (6) USB; IN -BED (2) 120v; FRUNK: (4) 120v and (2) USB] Horsepower: Targeted Peak Power (hp/kW): 426/318 w/ standard range battery; 563/420 STANDARD w/ extended range battery Torque: Targeted Peak Torque (lb. - ft.): 775 w/ standard range battery; 775 w/ extended STANDARD range battery GVWR: 8250# GVWR w/ standard range battery; 8550# GVWR w/ extended range STANDARD battery Average eMPG (US Dept of Energy): Targeted: 230 miles w/ standard range battery; 300 INFO w/ extended range battery Front Door Lock Cylinders (Driver/Passenger) with (4) Integrated Flip Keys, Remote STD/DLR Keyless Entry Full-size spare tire, spare tire carrier, rear under frame STANDARD Tires & Wheels: 2275/65R 18in All -Terrain (A/T) Tires, 18in machined wheels w/ black STANDARD high gloss pockets Tire Chain/Traction Devise Compatible. Describe: TBD INFO Seating configuration: Vinyl Buckets w/ flow -through console and floor shifter, 2-way TTVS manual seats, 2nd row 60/40 flip -up split seat w/ elongated cushion Flooring material: black vinyl STANDARD Rear Axle Ratio: Rear eLocking Axle STANDARD Ground Clearance: TBD STANDARD Skid Plates: NO STANDARD Air Bags: Airbags: driver and passenger front airbags and seat -mounted side airbags, 1st STANDARD and 2nd row Safety Canopy side -curtain airbags Fleet deviations from retail: None STANDARD Ford Co-Pilot360 2.0 Technology (Includes Autolamp w/ auto on/off headlamps; Pre - collision assist w/ Automatic Emergency Braking, pedestrian detection, forward collision warning, dynamic brake support; BLIS w/ Cross -Traffic Alert; Lane -Keeping System; STANDARD rearview camera; auto high beam; reverse sensing system; reverse brake assist; post - collision braking; cruise control) FordPass Connect: 4G LTE Wi-Fi Hotspot connects up to 10 devices (complimentary trial subscription of 3 months or 3 gigabytes); enables FordPass, App features (remotely STANDARD start/lock/unlock vehicle, locate parked vehicle, check vehicle current state of charge and set departure times, schedule charge times, locate and pay for charging); FordPass Connect (continued): Also includes Ford Telematics and Data Services Prep which provides vehicle location, speed, idle time, fuel, vehicle diagnostics and STANDARD maintenance alerts, enables telematics services through Ford or authorized providers. AM/FM Stereo with (6) speakers STANDARD SYNC4 w/ Enhanced Voice Recognition (12in LCD capacitive touchscreen w/ swipe STANDARD capability, Information -On -Demand panel, wireless phone connection, Cloud connected, AppLink w/ App Catalog, 911 Assist, Wireless Apple CarPlay and Android Auto Pace 27 of 232 compatibility, digital owners manual, conversational voice command recog,�o Agenda connected built-in navigation (requires activation of FordPass member acco _MW Electric Engine Cooling Fan STANDARD Electric Parking Brake (includes auto hold) STANDARD Power Up/Down Front Hood (includes large front trunk area) STANDARD LED projector w/ dynamic bending headlamps STANDARD 12-inch Digital Productivity Screen STANDARD Compass Display, Outside Temperature Display STANDARD Visors w/ driver and passenger covered mirrors STANDARD 4-wheel disc brakes with Anti -Locking Braking System (ABS) STANDARD Heavy-duty dual front shocks; front/rear coil springs; independent rear suspension, rear semi -trailing arm; front/rear stabilizer bars STANDARD Bumpers and front grille, black STANDARD LED center high -mounted stop lamp (CHMSL)(includes integrated cargo lamp) STANDARD Daytime running lights (DRL)(On/Off Cluster Controllable) STANDARD Class IV Hitch, (2) front tow hooks STANDARD Fully boxed steel frame STANDARD Pickup box tie -downs (4) STANDARD Power door locks and windows STANDARD Sideview Mirrors, manual -folding, manual glass with black skull caps STANDARD Tailgate w/ tailgate lift assist, removable with key lock STANDARD Trailer Sway Control STANDARD Windshield wipers with intermittent speed STANDARD Dual -zone Electronic Automatic Temperature Control STANDARD Rear window with fixed privacy glass STANDARD Rearview mirror, auto -dimming STANDARD Manual tilt/telescoping steering wheel STANDARD AdvanceTrac with Roll Stability Control (RSC) STANDARD Seat belts: Active Restraint System (ARS), three-point manual lap/shoulder belts with height adjusters, pretensioners and energy management retractors on outside front positions STANDARD SOS Post -Crash Alert System STANDARD Tire Pressure Monitoring System (TPMS) STANDARD Page 28 of 232 Back to Agenda ORCHAIRD Equipment Rental & Revolving Fund Purchase Request Form RCW 43.19.648 — Requires all local governments to convert their vehicle fleets to electricity or biofuel. Local governments are required to transition all vehicles to electricity or biofuels to the extent practicable. WAC 194-29-030 provides further guidance regarding this issue. If it is not practical for local governments to use electricity or biofuel for police, fire or emergency response vehicles, including utility vehicles frequently used for emergency response, it is encouraged to consider alternate fuels and vehicle technologies to displace gasoline and diesel fuel use. Please attach the quote for vehicle / equipment. Department Water Sewer Storm Public Works DCD Police Admin Addition or replacement Addition to Fleet Replacemeni Vehicle / Equipment being replaced: Fleet Standardization Requested Vehicle / Equipment follows fleet standardizations listed below Requested Vehicle / Equipment DOES NOT follow fleet standardizations listed below List items that are not fleet standard and reason for addition Cost Fleet Standard cost 00 Additional cost for consideration (P440, TOTAL rise� %FV� Ro,t,ved: �rje�ln� d� 6i/aPris� Sayias �dES� Page 29 of 232 STANDARDS FOR VEHICLES Police Department Standard Vehicle Model Chassis Drive Train Color Graphics Accessories Ford Sedans Automatic Black City Decal Lights SUV 2WD Vehicle Number Radios 4WD Antennas AWD Public Works and Planning Standard Truck Model Chassis Cab Size Drive Train Color Graphics Accessories Ford 1/2 Ton Regular Automatic White City Logo Lights 3/4Ton Extended 2WD Truck Number Radios 1 Ton Crew Cab 4WD Antennas Tool Boxes Administration and Planning Standard Vehicle Type Chassis Drive Train Color Graphics Accessories Electric Sedans Automatic White City Logo Lights Biofuel SUV 2WD Vehicle Number Radios 4WD Antennas AWD I have reviewed the vehicles / equipment listed above and request pproval for purchase. Approved for purchase by: J"Jult-t 40'"em ERA Represeuta ve Date Page 30 of 232 Back to Agenda Tony Lang From: NOREPLY@des.wa.gov Sent: Friday, March 18, 2022 11:33 AM To: Tony Lang Cc: sean.hoffert@des.wa.gov Subject: Vehicle Quote - 2022-3-230 - PORT ORCHARD, CITY OF - 21802 Vehicle Quote Number: 2022-3-230 Create Purchase Request View organization purchase requests This is a quote only. You must create a purchase request to order this vehicle(s) Contract & Dealer Information Contract #: 05916 Dealer: Bud Clary Ford/Hyundai (W403) 700 7th Avenue PO Box 127 Longview WA 98632 Organization Information Organization: PORT ORCHARD, CITY OF - 21802 Email: tlang@cityofportorchard.us Quote Notes: Vehicle Location: PORT ORCHARD Color Options & Qty Oxford White (YZ) - 4 Tax Exempt: N Vehicle Options Dealer Contact: Kathleen Brennan Dealer Phone: (360) 423-4321 Ext: 7183 Dealer Email: ford.orders@budclary.com Order Code Option Description Qty Unit Price Ext. Price 2022-0826-001 2022 Ford F150 Lightning, Battery Electric Vehicle (BEV) 4 $38,240.00 $152,960.00 2022-0826-018 Tailgate Step (inc. Tailgate Work Surface) (63T) 4 $456.00 $1,824.00 2022-0826-204 Floor Mats, HD Rubber Molded, Front (Weather Tech) (DLR) 4 $120.00 $480.00 2022-0826-205 Floor Mats, HD Rubber Molded, Rear (Weather Tech) (DLR) 4 $100.00 $400.00 2022-0826-206 Mud flaps, Front (DLR) 4 $75.00 $300.00 2022-0826-207 Mud Flaps, Rear (DLR) 4 $75.00 $300.00 2022-0826-210 Undercoating (Wheel Wells Only) (DLR) 4 $125.00 $500.00 2022-0826-211 Service Manual, CD (DLR) 4 $221.00 $884.00 2022-0826-212 Service Wiring Diagram, Paper (DLR) 4 $87.00 $348.00 2022-0826-215 Spotlight, LED 6 inch, Clear Lens, Pillar Mounted, Driver Side (Unity) (DLR) 4 $560.00 $2,240.00 1 Page 31 of 232 2022-0826-217 SPRAY -IN Bedliner (Line-X) (DLR) $2,140.00 2022-0826-301 Crossbody toolbox - single lid (70L x 20W x 12.51)) (Adrian AD100) (TB301) 4 $884.00 $3,536.00 2022-0826-362 Cab Rack - Flat perforated aluminum sheet screen insert (ALL CBGD) (TB362) 4 $858.00 $3,432.00 2022-0826-368 Cab Rack Option - Mini-Lightbar Mount, 10x15, installed centered on cab guard. (ALL CBGD-BP) 4 $75.00 $300.00 2022-0826-772 AMBER: Basic Warning Package (All F150 Models): Installation of 2 amber grill lights, 2 amber led 4 $2,375.00 $9,500.00 inserts in reverse lenses, and NROADS 17 inch amber lightbar mounted on roof, cabguard, or independent mount (below) and 8 button switch panel. (DWS-F150-A-2) (DW772) 2022-0826-791 Rear Work Lighting: Installed, (2) rear work lights attached to cabguard facing rear cargo area. Wired 4 to switch on dash or siren controller. (Requires Cabguard) (DW791) 2022-0826-792 Radio Prewire - Includes single antenna mount installed in roof and power wiring to center console area 4 (includes battery, ground, ignition) (DW792) $282.00 $1,128.00 $114.00 $456.00 Quote Totals Total Vehicles: 4 Sub Total: $180,728.00 8.4 % Sales Tax: $15,181.15 Quote Total: $195,909.15 2 Page 32 of 232 Vehicle: 2022 Ford F150 Lightning, Battery Electric Vehicle (BEV) 2022-082 Contract #: 05916 - Pick-up Trucks ( 2WD - 4WD) Dealer: Bud Clary Ford/Hyundai Vehicle Standard Specifications And Additional Information Specification Description Specification PRO Trim Level, Crew Cab, 4WD, 145in Wheelbase, 5.5ft Bed 110A/145WB Dual eMotors - Standard Battery (98 kWh Usable Capacity Standard Range High -Voltage Battery); front/rear transverse mounted; (2) inboard three-phase fixed magnet AC motors 99L w/ internal PMAC congtroller and trans axles Single -Speed Transmission 44L Mobile Power Cord (120V/240V) STANDARD Vehicle Charge Capability [SAE J1772 CCS (Combo Connector System); Charge Port STANDARD capable of charging on 120V, 240V and Direct Current (DC Fast Charge)] Onboard Charger Power (input/output): 11.3 kw/10.5kW w/ standard range battery; 19.2 STANDARD kw/17.6 kw w/ extended range battery 2.4kW Exportable Power [Includes (8) 120v outlets (8) USB outlets] Locations: [IN -CAB STANDARD (2) 120v and (6) USB; IN -BED (2) 120v; FRUNK: (4) 120v and (2) USB] Horsepower: Targeted Peak Power (hp/kW): 426/318 w/ standard range battery; 563/420 STANDARD w/ extended range battery Torque: Targeted Peak Torque (lb. - ft.): 775 w/ standard range battery; 775 w/ extended STANDARD range battery STANDARD GVWR: 8250# GVWR w/ standard range battery; 8550# GVWR w/ extended range battery Average eMPG (US Dept of Energy): Targeted: 230 miles w/ standard range battery; 300 INFO w/ extended range battery Front Door Lock Cylinders (Driver/Passenger) with (4) Integrated Flip Keys, Remote STD/DLR Keyless Entry Full-size spare tire, spare tire carrier, rear under frame STANDARD Tires & Wheels: 2275/65R 18in All -Terrain (A/T) Tires, 18in machined wheels w/ black STANDARD high gloss pockets Tire Chain/Traction Devise Compatible. Describe: TBD INFO Seating configuration: Vinyl Buckets w/ flow -through console and floor shifter, 2-way TTVS manual seats, 2nd row 60/40 flip -up split seat w/ elongated cushion Flooring material: black vinyl STANDARD Rear Axle Ratio: Rear eLocking Axle STANDARD Ground Clearance: TBD STANDARD Skid Plates: NO STANDARD Air Bags: Airbags: driver and passenger front airbags and seat -mounted side airbags, 1 st STANDARD and 2nd row Safety Canopy side -curtain airbags Fleet deviations from retail: None STANDARD Ford Co-Pilot360 2.0 Technology (Includes Autolamp w/ auto on/off headlamps; Pre - collision assist w/ Automatic Emergency Braking, pedestrian detection, forward collision warning, dynamic brake support; BLIS w/ Cross -Traffic Alert; Lane -Keeping System; STANDARD rearview camera; auto high beam; reverse sensing system; reverse brake assist; post - collision braking; cruise control) FordPass Connect: 4G LTE Wi-Fi Hotspot connects up to 10 devices (complimentary trial subscription of 3 months or 3 gigabytes); enables FordPass App features (remotely STANDARD start/lock/unlock vehicle, locate parked vehicle, check vehicle current state of charge and set departure times, schedule charge times, locate and pay for charging); FordPass Connect (continued): Also includes Ford Telernatics and Data Services Prep which provides vehicle location, speed, idle time, fuel, vehicle diagnostics and STANDARD maintenance alerts, enables telematics services through Ford or authorized providers. AM/FM Stereo with (6) speakers STANDARD SYNC4 w/ Enhanced Voice Recognition (12in LCD capacitive touchscreen w/ swipe STANDARD capability, Information -On -Demand panel, wireless phone connection, Cloud connected, AppLink w/ App Catalog, 911 Assist, Wireless Apple CarPlay and Android Auto Panes T'A of 9,19 compatibility, digital owners manual, conversational voice command recog connected built-in navigation (requires activation of FordPass member ace Electric Engine Cooling Fan 77STANDARD Electric Parking Brake (includes auto hold) TANDARD Power Up/Down Front Hood (includes large front trunk area) TANDARD LED projector w/ dynamic bending headlamps STANDARD 12-inch Digital Productivity Screen STANDARD Compass Display, Outside Temperature Display STANDARD Visors w/ driver and passenger covered mirrors STANDARD 4-wheel disc brakes with Anti -Locking Braking System (ABS) STANDARD Heavy-duty dual front shocks; front/rear coil springs; independent rear suspension, rear semi -trailing arm; front/rear stabilizer bars STANDARD Bumpers and front grille, black STANDARD LED center high -mounted stop lamp (CHMSL)(includes integrated cargo lamp) STANDARD Daytime running lights (DRL)(On/Off Cluster Controllable) STANDARD Class IV Hitch, (2) front tow hooks STANDARD Fully boxed steel frame STANDARD Pickup box tie -downs (4) STANDARD Power door locks and windows STANDARD Sideview Minors, manual -folding, manual glass with black skull caps STANDARD Tailgate w/ tailgate lift assist, removable with key lock STANDARD Trailer Sway Control STANDARD Windshield wipers with intermittent speed STANDARD Dual -zone Electronic Automatic Temperature Control STANDARD Rear window with fixed privacy glass STANDARD Rearview mirror, auto -dimming STANDARD Manual tilt/telescoping steering wheel STANDARD AdvanceTrac with Roll Stability Control (RSC) STANDARD Seat belts: Active Restraint System (ARS), three-point manual lap/shoulder belts with height adjusters, pretensioners and energy management retractors on outside front positions STANDARD SOS Post -Crash Alert System STANDARD Tire Pressure Monitoring System (TPMS) STANDARD Page 34 of 232 Back to Agenda City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Consent Agenda 4E Meeting Date: April 12, 2022 Subject: Adoption of a Resolution Supporting the Prepared by 2025-2026 Federal Transportation Funding Cycle Application for the SR 166/ Atty Routing No.: Mark Dorsey, P.E. Public Works Director 366922-0009 - PW Bay Street Improvement Project (Geiger to Atty Review Date: April 7, 2022 Frederick) Summary: The City, acting through its Public Works Department, identified $2.3M in FHWA grant funding for the SR 166/Bay Street Improvement Project (Geiger to Frederick) potentially available to the City via a Countywide Funding Application with the Kitsap Regional Coordinating Council in 2022. As a requirement of the application, the City Council must evidence support for the application via a Resolution. This Resolution declares the City's intention to finance the Project through the acceptance of grants and by providing budget authority within the City's 2025/2026 Biennial Budget for the required 13.5% match. The required 13.5% funding match will be $358K. The City has already allocated $680K within the 6-year Transportation Improvement Plan for the Project's Design Phase. Relationship to Comprehensive Plan: Chapter 8 - Transportation Recommendation: Staff recommends that the City Council adopt Resolution No. 031-22, supporting the City's application for grant funding from the 2025-2026 Federal Transportation Funding Cycle for the SR 166/Bay Street Improvement Project, to meet a requirement to obtain grant funding for the Project. Motion for Consideration: I move to adopt Resolution No. 031-22, supporting the City's application for grant funding from the 2025-2026 Federal Transportation Funding Cycle Process for the SR 166/Bay Street Improvement Project. Fiscal Impact: Commitment to financially constrain $358K within the 2025 - 2026 Biennial Budget Alternatives: Do not seek FHWA funding Attachments: Resolution No. 031-22 PSRC Screening Form Finance Director Letter (dated 3/18/2022) Page 35 of 232 Back to Agenda RESOLUTION NO. 031-22 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, SUPPORTING THE 2025-2026 FEDERAL TRANSPORTATION FUNDING CYCLE APPLICATION PROCESS (KRCC COUNTYWIDE COMPETITION) FOR THE SR 166/13AY STREET IMPROVEMENT PROJECT (GEIGER TO FREDERICK). WHEREAS, the City identified potential grant funding for the SR 166/Bay Street Improvement Project (Geiger to Fredrick) through the 2025-2026 Federal Transportation Funding Cycle in conjunction with a countywide application coordinated by the Kitsap Regional Coordinating Council (KRCC); and WHEREAS, on February 7, 2022, KRCC conveyed that all for agencies serving as Project Sponsors must provide financial support documentation and a resolution evidencing support for the Project as part of the application submission for the 2025-2026 Federal Transportation Funding Cycle; and WHEREAS, on March 18, 2022, the City of Port Orchard's Finance Director provided a Funding Commitment Letter to satisfy the submittal requirements of the Puget Sound Regional Council (PSRC) Application Screening Form; and WHEREAS, the Council desires to evidence support for the City's application for grant funding through the 2025-2026 Federal Transportation Funding Cycle, and to authorize the City of Port Orchard Public Works Department to submit a Countywide Funding Application in conjunction with KRCC for the SR 166/Bay Street Improvement Project (Geiger to Frederick), whereby a 13.5% funding match is required; and WHEREAS, it is the intent of the City to exercise its constitutional and statutory authority to provide the required 13.5% funding match for the Study, and all expenditures will be memorialized through a budget amendment; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The City Council supports the City's application for grant funding through the 2025-2026 Federal Transportation Funding Cycle for the SR 166/Bay Street Improvement Project (Geiger to Frederick) and evidences the intent to finance the Construction Phase of the Project within the 2025-2026 Biennial Budget for the required 13.5% match. Page 36 of 232 Back to Agenda Page 2 of 2 THAT: The Resolution shall take full force and effect upon passage and signatures hereon. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage on this 1211 day of April 2022. ATTEST: Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 37 of 232 1 of 6 Back to Agenda PSRC Screening form Project Title: SR166/ Bay Street Improvements Competition Kitsap Countywide Status completed Submitted: N/A Accepted: N/A Introduction Please identify the competition to which you plan to apply for funding for this project. Kitsap Countywide Comments from PSRC TBD General project information Project Title SR166/ Bay Street Improvements Comments from PSRC TBD Regional Transportation Plan ID N.A. Comments from PSRC TBD Sponsoring Agency WSDOT Olympic Region in Kitsap County Comments from PSRC TBD Cosponsors WSDOT Comments from PSRC TBD Does the sponsoring agency have "Certification Acceptance" status from WSDOT? No Comments from PSRC TBD If not, which agency will serve as your CAg�I?pq§Rr? WSDOT Olympic Region in Kitsap County 2 of 6 Back to Agenda Comments from PSRC TBD Contact information Contact name K. Chris Hammer Contact email kchammer@cityofportorchard.us Contact phone 360-876-4991 Comments from PSRC TBD Project Description & Location Project Description Street improvements to SR166/ Bay Street from south of Geiger to North of Frederick. The proposed work provides for raising the roadwayfrom curb to curb, temporary sidewalk transitions, storm -water, streetlighting, and undergrounding dry utilities. Water and Sewer utility improvements may be tied to the project. Sidewalk improvement will be constructed by planned development. Comments from PSRC TBD Project Location SR166 Please identify the county(ies) in which the project is located. Kitsap Please identify the center this project is supporting - either a designated regional, countywide or local center. Downtown Port Orchard center Please identify the crossroad, milepost or landmark nearest the beginning and end of the project below. Enter 'N/A' if not applicable. Geiger Street Crossroad or milepost end Frederick Avenue Comments from PSRC TBD Federal Functional Classification Functional class name 14 Urban Principal Arterial Page 39 of 232 3 of 6 Comments from PSRC TBD Back to Agenda Bicycle and Pedestrian Accommodations Does the project include bicycle and/or pedestrian facilities and/or paved shoulders? No If yes, please select one or more of the classifications below that best reflects the scope of the project. N/A If you indicated above that the project does not include bike or pedestrian facilities, please explain why and indicate either: 1) there are existing facilities in the project area that will not be impacted by this project; 2) one or more of the USDOT exceptions identified in the resource document apply; or 3) this is not a new construction or reconstruction project. There are existing sidewalks. Bicycle users will be required to take the lane in this low speed section of the downtown main street. Comments from PSRC TBD Plan Consistency Is the project specifically identified in a local comprehensive plan? Yes If yes, please indicate the (1) plan name, (2) relevant section(s), and (3) page number where it can be found. The project is included in the City's 6 year Transportation Improvement Plan. Refer to project 1.16 in the TIP. If no, please describe how the project is consistent with the applicable local comprehensive plan, including specific local policies and provisions the project supports. In addition, please describe how the project is consistent with a transit agency plan or state plan, if applicable. N/A Comments from PSRC TBD Project Readiness Preliminary Engineering/Design Is preliminary engineering/design complete? No What is the actual or estimated start date for preliminary engineering/design? January, 2024 If no, what is the estimated completion date (month and year)? December, 2025 Page 40 of 232 4 of 6 Comments from PSRC TBD Environmental Documentation Back to Agenda What is the level (or anticipated level) of environmental documentation required under the National Environmental Policy Act (NEPA) for this project? Documented Categorical Exclusion (DCE) Has NEPA documentation been approved? No Please provide the date of NEPA approval, or the anticipated date of completion (month and year). August, 2025 Comments from PSRC TBD Right of Way Does the project require right of way? No What is the actual or estimated start date for right of way? N/A What is the estimated (or achieved) completion date for the right of way plan and funding estimate (month and year)? N/A Has right of way certification been completed? N/A If not, what is the estimated ROW certification date (month and year)? N/A Please describe the right of way needs of the project, including property acquisitions, temporary construction easements, and/or permits. N/A Comments from PSRC TBD PSRC Funding Request What is the PSRC funding source being requested? STP Has this project received PSRC funds previously? No If yes, please provide the project's PSRC TIP ID N/A Comments from PSRC TBD Amounts Requested Phase Year Amount Construction 2026 $2 291 000.00 Wage 41 of 232 Comments from PSRC TBD 5 of 6 Back to Agenda Total Estimated Project Cost and Schedule Planning Funding Source Secured/Unsecured Amount Local Secured $200,000.00 $200,000.00 Expected year of completion for this phase: 2023 PE Funding Source Secured/Unsecured Amount Local Unsecured $480,000.00 $480,000.00 Expected year of completion for this phase: 2025 ROW Funding Source Secured/Unsecured Amount $0.00 Expected year of completion for this phase: Construction Funding Source Secured/Unsecured Amount Local Unsecured $358,000.00 STP Unsecured $2,291,000.00 $2,649,000.00 Expected year of completion for this phase: 2026 Other Funding Source Secured/Unsecured Amount $0.00 Expected year of completion for this phase: Summary Total project cost $3,329,000.00 Estimated project completion date November, 2026 Comments from PSRC TBD Page 42 of 232 6 of 6 Back to Agenda Financial documentation Documents N/A Please enter your description of your financial documentation in the text box below. Project is included in the City's 6 year Transportation Improvement Plan. Referto project 1.16 in the TIP. Comments from PSRC TBD Page 43 of 232 CITY OF PORT ORCHARD Back to Agenda Finance Director 216 Prospect Street, Port Orchard, WA 98366 Voice: (360) 876-7023 • Fax: (360) 876-4980 ncrocker@cityofportorchard.us www.cityofportorchard.us March 18, 2022 Puget Sound Regional Council 101 1 Western Ave., Suite 500 Seattle, WA 98104 RE: City of Port Orchard grant application, funding commitment. The City of Port Orchard is submitting a grant application for construction phase of the SIR 166/ Bay Street Reconstruction Project. Total Project costs are estimated not to exceed $3,171,000. Note the costs for water and sewer reconstruction are not included, as those will be paid by the utilities. Total projects funds of $200K are included in the 2022-2027 TIP (See Attached). The City is accelerating the delivery of the project by allocating an additional $480,000 for design planned in the draft 2023-2028 TIP (See Attached). An additional $358K will be reasonably constrained in year 2026 in the TIP update this year. The City expects the enterprise utility fund balances to be adequate to fund the utility component of the work. The City Council will be passing a resolution in April to include the accelerated funding in the 2023-2028 TIP, to be included with the grant application. Sincerely, Noah Crocker Finance Director cc: Rob Putaansuu - Mayor Mark Dorsey - Public Works Director Page 44 of 232 1284 Back to Agenda ORCHARD City of Port Orchard: City Council Retreat Summary March 11, 2022 1 9:00 a.m. — 3:00 p.m. I Port Orchard City Hall ACTION ITEMS ResponsiblePerson , Mayor Putaansuu Contact Congressmember Kilmer --- regarding funding to address sea level rise on Bay Street. City Councilmembers Send Sophie Glass (Facilitator) Friday, March 18 the ranked list of budget items. Sophie Glass, Facilitator Compile ranked budget items Friday, March 25 and develop meeting summary. City Clerk Reformat City organizational --- chart. Mayor Putaansuu Reach out to animal control --- regarding responsiveness. PRESENTATION BY MAYOR Mayor Putaansuu welcomed the Port Orchard City Council to their 2022 Annual Retreat. He explained that the purpose of this retreat was to discuss key policy directives and prioritize budget requests for the 2022-2023 budget. He then provided status updates of existing projects within Port Orchard. Below is a summary of questions and answers. • Question: Will the new clock tower be digital? o Answer: Yes • Question: What is the status of Port Orchard merging police/sheriff facilities with Kitsap County? o Answer: This effort is not moving forward. • Question: How will the City handle the lack of office space in City Hall? o Answer: The City will rely on teleworking and will potentially use conference rooms to address office shortages. The Mayor is open to using the Community Center for City - related functions. o Discussion: There were concerns about shifting city meetings to the Community Center. • Question: How will the Marina Pump Retrofit affect parking downtown? And will it include shoreline restoration? o Answer: It will limit parking. No shoreline restoration as part of this Marina Pump Retrofit. • Question: When is WSDOT constructing the roundabouts? o Answer: Beginning in 2022. • Question: How is Crawford Road Abatement coming along? o Answer: It is paused. Page 1 of 3 Page 45 of 232 1284 Back to Agenda ORCHARD • Question: What is the status of Kitsap County's Courthouse remodel? o Answer: The County is rethinking the design based on the possibility of doing virtual hearings. The City Council also briefly discussed the following topics: • There was a discussion regarding the Bay Street sea level rise and whether the City can receive federal funds. Mayor Putaansuu is in touch with Sen. Murray and can reach out to Rep. Kilmer. • The status of RVs in Veterans Memorial Park. • The progress towards completing Mile Hill Shelter. • The status of the Heron's View project. • Concerns about reliance on Real Estate Excise Tax (REET) for funding City projects. • Concerns about mill and fills and whether they are good investments. POLICY DIRECTIVES AND BUDGET ITEMS Mayor Putaansuu reviewed a list of policy directives and potential budget items. Below is a summary of the City Council's discussion. No decisions were made during this retreat. .. Election process Upload the flyer used at the "Throw Your Hat in the Ring" event to the City's website. Reminder: Kitsap County oversees elections. Candidacy is determined by the RCW. Appeals are needed to challenge residency claims. Public Comment As part of Mayor's Report there will be a summary of the number of comments made at the previous meeting and whether staff have addressed those items. The Clerk can add a reminder to City Council meeting agendas about proper public comment protocols (comments, not Q&A). Public commenters can be encouraged (but not required) to share their name and if they live in Port Orchard. Body worn Develop policies for body worn cameras. cameras Utility taxes Increasing enterprise fund taxes by 3% and charging the taxes to Bremerton & West Sound customers yields $489,37S. This can help generate sufficient revenue for street preservation and maintenance ($1,S26,440). Property tax Disseminate an unbiased survey to Port Orchard residents to rank challenges levy facing the City and gauge interest in a parks levy. Note: If the City wants to create a parks levy, it needs to file by Aug. 2. Impact fees Compile a list of all impact fees that the City is charging. Transportation Hire a consultant to analyze a potential Transportation Benefit District sales tax Benefit District for Bethel (1/10th sales tax yields $1.6M per year; $32M over 20 years). Annexation Further explore the possibility of annexation via interlocal agreement (ILA). Conduct public outreach and distribute a survey to areas that will potentially be annexed via ILA. The City Council needs to reach agreement by summer 2022 about whether and how to move forward with annexation. Page 2 of 3 Page 46 of 232 1284 Back to Agenda ORCHARD TopicGeneral Potential Policy Communications Reinstate Mayor's quarterly newsletter Communications Customize utility statements to promote website and social media. Also promote website and social media on surveys. Homelessness Track homelessness funding opportunities from WA state. Homelessness Continue to invest in Homes of Compassion -type support. In -person vs. Work Study and committees can be held virtually into the future. Begin in - virtual meetings person City Council meetings when A/V hybrid technology is available and functional. Individual committees can decide to meet in person and adjust the time of their meeting if needed. BUDGET PRIORITIES Following the retreat, City Councilmembers sent their ranked priority items for the upcoming budget cycles, with 1 being the highest and 6 being the lowest. Below is the result of the ranking exercise. Item in Ranked Order 2021-2022 2023-2024 2025-2026 Total Funds Funds Funds P. 1. Hire 1-2 additional police officers TBD 13 2. 60% Design for Bay Street - Fredrick to $1M 16 Geiger (Schedule 74, Sewer, Water, & Storm) 3. Hire mid -level manager/supervisor for TBD 26 the Operations Department 4. Orchard Public Plaza $2M 29 5. New code enforcement officer with TBD 30 appropriate skills to support people experiencing homelessness 6. Body -worn cameras and associated $66K per 33 software/ hardware year; $330K over 5 years * The lower the point value, the higher it was ranked. WRAP UP AND ADJOURN Mayor Putaansuu closed the retreat by thanking City Councilmembers for their participation. The retreat adjourned at 3 PM. See Attachments A-E for materials provided during the retreat. Page 3 of 3 Page 47 of 232 Back to Agenda Retreat Topics Presentation by Mayor — Status of existing projects (60 Min) Exhibit 1 Break (15 Min) Discussion Items - Two buckets Policy Directives & Budget Items Election Requirements Public Comment at Council Meetings Staffing Shortages Global — Mid level management positions Police staffing analysis of needs — Puyallup Report Body worn cameras —5-year contract $66K per year, $330K over 5- years. Start the process now to implement in 2023. 60% Design for Bay Street — Fredrick to Geiger (Schedule 74, Sewer, Water & Storm) $1M (25% enterprise funds) Exhibit A Orchard Public Plaza $2M (50% RCO Grant) Park Impact Fees for local match 2025-2026 Budget Process Street paving and maintenance Exhibit E Utility Taxes Discussion Exhibit B The Transfer of Veterans Park to the City — Amend Parks Plan? Transportation Benefit District sales tax for Bethel and/or the creation of a Parks District (1/10t" sales $1.6M per year $32M over 20 years) Annexation via ILA Exhibit C Costs related to special events Exhibit D Page 48 of 232 Back to Agenda Communications Homeless Discussion Homeless encampments clean up funding $100K in abatement funds available in current budget (Daily operations & cleanup efforts) — Additional staff member in 2023 Growth In person and Zoom meetings City Council Priorities for the 2022 — 2023 Budget Process (60 Min) Page 49 of 232 Back to Agenda CITY OF PORT ORCHARD Department of Community Development Ahk 216 Prospect Street Port Orchard, WA 98366 Phone (36o) 874-5533 - Fax (36o) 876-498o Memorandum To: The City Council From: Nicholas Bond, AICP Date: February 15, 2022 Re: 2022 Department Activity and Projects 2022 Department of Community Development Outlook The Department of Community Development is currently seeing unprecedented permitting activity while managing a high number of projects. Over the next 3-6 years, the Department expects to see enough housing constructed to accommodate between 5,000 to 10,000 residents. Currently, 1,959 housing units are in active permit review, site development, or construction and another 2,589 units approaching an active phase of development. At the same time, the City is working on several other long range planning projects and is gearing up for the 2024 Comprehensive Plan Update. Department projects are described by DCD subgroup below. Permit Center Camino Software Rollout: Software purchased 01/22. Working with Camino to create online forms and rollout online submittals. Succession Planning: Permit Center Manager is planning to retire in the next 18-30 months. We are working to teach our permit tech how to do many of these tasks to prepare for the loss of this critical staff member. Addressing: We have added a 0.5 FTE to the Permit Center and have assigned responsibility for addressing to this position. Training is underway. Permitting Activity: The permit center is processing record permit volumes. tasks. Page 50 of 232 Page 1 of 3 Back to Agenda Planning South Kitsap Community Event Center: The management of the CEC project has been assigned to DCD including: Contract Amendment #5 Seawall Contract Amendment #6 Construction Drawings and Permitting KPFD Contract Amendments Bay Street Grants and Planning (Frederick to Robert Geiger) RCO Grants: The City will be submitting the recently approved parks plan for certification with the RCO and will be applying for grants this spring. McCormick Village Phase 3 Orchard Street Plaza/CEC related improvements Housing Action Plan Grant: The City has applied to the Department of Commerce to receive funds for a housing action plan. If successful, this work will form the basis of the housing element for the 2024 comprehensive plan. Comprehensive Plan Update Transportation Consultant — Under contract, work has commenced. 2022 Comprehensive Plan Amendments: Annual Amendments have been initiated including: Parks Plan TIP Update CFP Critical Areas Code Update: City to select consultant in mid-2022. May need to hire planning consultant to assist with plan update depending on continued volumes. Depending on legislation, significant funding for the 2024 Comprehensive Plan update may be provided by the State. KRCC Growth Targets: Work continues on target setting at KRCC. PRSC Regional Staff Committee: Port Orchard continues to attend regional staff committee meetings as a representative for Other Cities in Kitsap County. 2022 Subarea Plan — Bethel Lund: This project is funded in the 2022 budget but has not started. Hoping to start consultant selection process in mid-2022. Fireworks: Hearing tentatively scheduled for mid -March. MFTE Revisions: The state has changed the rules for MFTE. In addition, some additional revisions to the City's program may be needed. Work to commence in Q3 2022. Possible Annexation: The City continues to explore an annexation by ILA with Kitsap County. This issue is closely linked to the population growth target setting work. Page 51 of 232 2 Back to Agenda Utility Tax Ordinance: DCD has assisted the Finance Department with a review of the City's Utility Tax system. Contract Negotiations: DCD continues to assist/lead the following negotiations: Bremerton Franchise Agreement McCormick Water CFC Credit Agreement McCormick Woods Development Agreement McCormick West Development Agreement Haven Townhomes Development Agreement Crown Castle Lease Amendment and Extension Code Updates: DCD is currently working on the following code revisions: ADU Owner Occupancy Requirements Cell Phone Tower Zoning Streamlining Design Guidelines Code Enforcement Homelessness: The City's code enforcement officer continues to respond to a surge of new homelessness complaints. Veterans Park: The City's code enforcement officer continues to lead the effort to compel the County to clean up Veterans Park. Crawford Road Abatement: The City continues to work to clean up Crawford Road. Toolkit: The City's code enforcement officer is working to create a toolkit for code enforcement for situations where unhoused individuals are residing on property under code enforcement. Stormwater Enforcement: The code enforcement officer is spending significant time between September and February every year helping to enforce erosion control standards on development. Page 52 of 232 3 W n rt O > Citizens of Port Orchard W (D ROCHARD, 2) Employees: 98 Council Mayor [Supervises 6] Municipal Court Organization chart b Employees: 6 Legislative Executive Judicial Employees:2 Employees: 12 Employees:2 Employees: 12 1 1 1 I ICity Clerk Community Development Human Resources Manager Judge (0.6) Finance Director I Director [Supervises 71 I I [Supervises 2] Deputy City Clerk Human Resources Specialist Court Administrator Senior Planner (2) Lead Court Clerk Assistant Finance Director Network Administrator Associate Planner [Supervises 81 I Court Clerk (2.6) Accounting Assistant III/ IT Support Specialist Assistant Planner IT Specialist Accounting Assistant III (2) Code Enforcement Officer Accounting Assistant II (4) Building Official Permit Center Manager Accounting Assistant I Building Inspector Permit Technician Employees: 32 1 Permit Clerk (2) Public Works Director/ City Engineer [Supervises 5] Operations Manager Assistant City Engineer Utility Manager Office Assistant II [Supervises 20] [Supervises 4] [Supervises 2] Employees: 30 Procurement Specialist I Foreman Civil Engineer II Stormwater Program Manager Police Chief [Supervises 9] Coordinator (3) Civil Engineer I Utilities Compliance Specialist Mechanic (2) GIS Specialist/Development Community Health Navigator Deputy Police Chief Review Assistant {Supervises 41 Personnel (12) Project Coordinator/Inspector Parking Enforcement Officer (2 PT) Sergeants (4) Electrician Police Services Coordinator Patrol Officer (17) Laborer (2) Police Records/Evidence Reserve Police Officer Specialist (3.7) Seasonal Laborer Page 53 of 232 Back to Agenda Project FACILITIES City Hall Reskin Community Events Center \A/ATCQ Splash Pad Retrofit South Shed Water Tower Removal Well #11 Upgrades Well #12 - HOLD (Foster) Well #13 Upgrades - HOLD (Foster) 390 Zone PRV's - HOLD (Foster) McCormick 390-580 Intertie Glenwood 390-580 Intertie Melcher Booster Retrofit New 390 Booster Sroufe AC Water Main Replacement 580 Reservoir 660 Reservoir New 580 Water Main CC\A/CQ Marina Pump Station Retrofit Pump Station Controls Upgrades TRANSPORTATION Bay Street Pathway - RW Phase Notes Bid as Ph 1 Materials & Ph 2 Retrofit (Fall) DWSRF $8.5M Loans Awarded McCormick Communities - CFC Credits HOLD McCormick Communities - CFC Credits PWB PWB Emergency Repair McCormick Communities - CFC Credits McCormick Communities - CFC Credits McCormick Communities - CFC Credits PWB Bay Street Pathway 90 - 100% Incl. CN Permitting Bay Street Pathway - CN Phase Obligate $3M in Early 2023? Lippert Sidewalk & Pavement Repair CDBG Award $254.K Bethel & Lincoln RAB $1.5M HSIP & $1.11VI TIB Pottery Complete Street Old Clifton Non -Motorized Design by Staff Bay Stret - Geiger to Frederick Retreat Topic Bethel Phase 1 Design Total project cost $6.51VI Funded $470,000 $8.1M $ 13.8 million $8.2M $250,000 TBD $ 9 milion TBD TBD TBD TBD TBD $500,000 $650,000 $100K Unfunded Potential Funding Sources Debt Grants/Reet/Park Impact Fees/Debt lii�i7 TBD Developer Funded TBD DWSRF (will apply for $8.OM Loan in Fall 2022) TBD DWSRF (will apply for $8.OM Loan in Fall 2022) TBD TBD Developer Funded TBD TBD Water CFC Credit Water CFC Credit Water CFC Credit Water CFC Credit Water CFC Credit Water CFC Credit $15 million $800,000 $3,825,000 $500K $2,900,000 $2.11VI $556,000 $4,370,000 $750,000 $4.2M $250,000 $1M Water Operating Fund REET / Budget Amendment? REET/Park Impact Fees Grant funding for construction 2022 Grant Application Impact Fees Page 54 of 232 . . . . . . . . . . --------- lie A gigJ6 Ar W ki ff I , "m .. AOX—vio. Ss � r-7 r - - . 4 Ar. - - -- I �o FOP 46 s� G ja Igo momor, mmaill nos 20010 INN W _MMMMMMMBMM.,. 0 -mmmmmmmmm�: F NONE 110000. madiiImmmumba ISBN 1111- IBMNERP- : JERENNAZU BoosL C jBiimmilZ m' MEN vmm0LLASOMEMNSAMOMMOBBORL rwllafilumumms- AMOREMRUIMjL janommemamig 4L low 6 Ail A66k 19C 0 Downtown Port Orchard 1-07-2022 Back to Agenda RE Bay Street at Orchard Ave. ~R .I l IN Flooding at commercial business at 624 Bay St. .� — r gZA �• e MWM —Nzr' - - - -- - Page 56 of fh6 Bay Street, approaching Bethel Ave. Creek overflowed into road. Back to Agenda Page 57 of 232 Back to Agenda I i I ( i � -_ =W I SK COMMUNITY �. C-) / C P # EVENT CENTER CP 42-61111 LAJ Owl/ <<v \ L BAY STREET ST +\� i 16,. \ LA-1 W I. UDY STATE ROUTE 166 (SR-166) V ° ® 000 I RE -ALIGNMENT ANALYSIS F.F. _ I PORT ORCHARD, WA / \ \ \ 'APE P OPANE CON( T ANKS TYPE: CURVES W/ TANGENT o �� SPEED LIMIT - 20 MPH / CENTER LINE - 100 R 9 \ SUPER ELEVATED -YES 1oo v vL T DATE. 1/6/2022 \ / \ ,�� \ DRAWN BY: BJB/KPFF 01 \4 o \ , A \ \ / i - � / >� 7 / w W Dw ate, / I 2 I II \ I II \ ..z i OO WALK LANE LME LANE I W LK I \ — \ s 3v.0, N F Ei FCRB4 ------------- 11144.0' I I IIV� EXIST ROAD W 75.0' (ROW) W v o N oo \ Cw o I ASPH o � N °a w N s- �— ROBERT GEIGER - - - - _ ROAD ASPH t - n ASPH v i v �Cw r i i i 4 XHIBIT 1 1601 5th Avenue, Suite 1600 Seattle, WA 98101 206.622.5822 www.kpff.com Back to Agenda City of Port Orchard Council Meeting Minutes Regular Meeting of March 22, 2022 1. CALL TO ORDER AND ROLL CALL Mayor Putaansuu called the meeting to order at 6:30 p.m. Roll call was taken by the City Clerk as follows: Mayor Pro-Tem Lucarelli Councilmember Chang Councilmember Clauson Councilmember Cucciardi Councilmember Diener Councilmember Trenary Councilmember Rosapepe Mayor Putaansuu Present via Remote Access Present via Remote Access Present via Remote Access Present via Remote Access Present via Remote Access Present via Remote Access Present via Remote Access Present via Remote Access Staff present via remote access: Public Works Director Dorsey, HR Manager Lund, Finance Director Crocker, Police Chief Brown, Community Development Director Bond, City Attorney Archer, City Clerk Wallace and Deputy City Clerk Floyd. The meeting also streamed live on YouTube. A. PLEDGE OF ALLEGIANCE (Time Stamp: 0:00:26) Mayor Putaansuu led the audience and Council in the Pledge of Allegiance. 2. APPROVAL OF AGENDA (Time Stamp: 0:00:44) MOTION: By Councilmember Clauson, seconded by Councilmember Diener, to approve the agenda as published. The motion carried. 3. CITIZENS COMMENTS (Time Stamp: 0:01:48) Greg Krabbe spoke to the agreement with McCormick Communities, LLC regarding water credit reimbursements for water improvements and thanked staff and consulting groups for working on this. Page 59 of 232 Back to Agenda Minutes of March 22, 2022 PaRe2of6 4. CONSENT AGENDA (Time Stamp: 0:03:36) A. Approval of Voucher Nos. 83688 through 83776 and 83783 through 83812 including bank drafts in the amount of $357,394.05 and EFT's in the amount of $154,898.53 totaling $512,292.58. B. Approval of Payroll Check Nos. 83777 through 83782 including bank drafts and EFT's in the amount of $223,664.56 and Direct Deposits in the amount of $209,203.24 totaling $432,867.80. C. Approval of the March 8, 2022, City Council Meeting Minutes MOTION: By Councilmember Lucarelli, seconded by Councilmember Rosapepe, to approve the consent agenda as presented. The motion carried. 5. PRESENTATION There were no presentations. 6. PUBLIC HEARING (Time Stamp: 0:04:15) A. Draft Ordinance Amending Port Orchard Municipal Code Chapter 5.60 Fireworks Mayor Putaansuu opened the public hearing at 6:36 p.m. In response to Randy Jones, Mayor Putaansuu noted this public hearing is only for fireworks and the Zoom only meetings will hopefully end sometime in May. Dee C. with Real American Pageants said they use fireworks to raise money for social enrichment programs for low and no -income families and homeless youth. If Port Orchard takes that away, Kitsap youth with suffer. This could be the last year they could help assist the youth. In response to Councilmember Clauson, Dee C. explained they generate about $12,000 a season in Port Orchard, and scholarships for high school graduates. Randy Cearley Area Manager for TNT fireworks, said Rice University did a study on what causes the majority of fires, and noted fireworks/matches causes only 5% of fires. Also, the City of Tacoma banned fireworks a couple years ago, but they noticed there were as much, or more fireworks than before the ban. He explained why bans do not work and how it would create a huge pressure on the City to enforce the ban. Robert McGee questioned if the City has done an evaluation on what the net sales tax loss would be to the City and the sales going to the surrounding areas. In response to Cole Berdowski, Mayor Putaansuu noted this public hearing is only for fireworks. Mayor Putaansuu noted there is a fireworks survey on the City's website, and we will continue this public hearing to April 121" when we take more public testimony. Page 60 of 232 Back to Agenda Minutes of March 22, 2022 PaRe3of6 Councilmember Lucarelli asked which fireworks would be banned and what kind of penalties would we assign? Councilmember Diener called Point of Order and asked if this is the right time to discuss this. Mayor Putaansuu agreed this is not the time for deliberations, and we will wait until April 12tn Community Development Director Bond said several comments came in after the packet went out. Those comments have been emailed to all Councilmembers and the City Clerk added them to the record. In response to Franklin Rusk, Mayor Putaansuu explained the ban would be for all personal fireworks other than the public display. Mayor Putaansuu said Randy Jones was having technical difficulties earlier in the meeting during citizen comments and asked the Council if Mr. Jones could speak. Councilmembers had no objections. Randy Jones spoke to the purchase of Mr. Haynes property and voiced his concerns with the price valuation of the property. 7. BUSINESS ITEMS (Time Stamp: 0:24:08) A. Adoption of an Ordinance Amending the 2021-2022 Biennial Budget MOTION: By Councilmember Clauson, seconded by Councilmember Cucciardi, to adopt an ordinance, amending the 2021-2022 Biennial Budget, as adopted by Ordinance No. 035-20 and as amended. The motion carried. (Ordinance No. 011-22) B. Adoption of a Resolution Approving a Contract with McCormick Communities, LLC Regarding Credits for Water Capital Facility Charges (Time Stamp: 0:26:37) MOTION: By Councilmember Lucarelli, seconded by Councilmember Clauson, to adopt a resolution authorizing the Mayor to sign an Agreement between the City of Port Orchard and McCormick Communities, LLC, regarding credits for water capital facility charges. The motion carried. (Resolution No. 032-22 and Contract No. 048-22) Page 61 of 232 Back to Agenda Minutes of March 22, 2022 Page 4 of 6 C. Adoption of a Resolution Authorizing the Purchase of Kitsap County Tax Parcel No. 4027- 022-001-0004 for the Bay Street Pedestrian Pathway Project (Time Stamp 0:36:24) MOTION: By Councilmember Diener, seconded by Councilmember Clauson, to adopt Resolution No. 028-22, authorizing the purchase of Kitsap County Tax Parcel No. 4027-022-001-0004 for the Bay Street Pedestrian Pathway Project in the total acquisition payment of $520,899.25 plus the relocation payment in the amount of $386,118.03, the moving benefit payment in the amount of $5,000.00 and any additional associated closing costs -escrow fees as needed, and authorizing the Mayor to execute all documents necessary to effectuate this acquisition and relocation. The motion carried. D. Approval of Memorandums of Understanding with Teamsters Local 589 Representing Police Support Staff, Municipal Court Employees and Public Works Employees (Time Stamp 0:41:20) MOTION: By Councilmember Cucciardi, seconded by Councilmember Lucarelli, to authorize the Mayor to sign MOU's with each of the three bargaining units represented by Teamsters Local No. 589 to correct language in Appendix B of the collective bargaining agreements regarding payroll deductions in three paycheck months. The motion carried. (MOU No 1 to Contract No. 021-22, MOU No. 1 to Contract No. 022-22, and MOU 1 to Contract No. 023-22) 8. DISCUSSION ITEMS (No Action to be Taken) (Time Stamp: 0:44:10) A. Continued: Veterans Park Discussion was held which included monitoring actions being taken at the park, clearing out trash, cleanup events, continued trash accumulation within the encampments, signs of rodent infestation, scheduled removal of the RV, long term removal of the encampments, timeline from the County, and the Kitsap Sun article. Council Direction: No direction was given to staff. 9. REPORTS OF COUNCIL COMMITTEES (Time Stamp: 0:48:01) Mayor Putaansuu reported the Economic Development and Tourism Committee is scheduled to meet April 181". Utilities Committee is scheduled to meet April 121". Finance Committee is scheduled to meet April 191". The Land Use Committee is scheduled to meet April 201n Councilmember Chang and Mayor Putaansuu reported on the March 22"d Transportation Committee meeting which included the Bay Street design, Bethel Phase 1, Community Events Center, and Old Clifton pathway. Page 62 of 232 Back to Agenda Minutes of March 22, 2022 Paee 5 of 6 Mayor Putaansuu explained we learned that you can no longer buy gas trucks on the State's bid list. We are now required to order electric vehicles. We are pursuing a grant for a solar array and charging stations. Councilmember Lucarelli reported on the March 21St Festival of Chimes and Lights Committee meeting. City Clerk Wallace reported on the Lodging Tax Application process. Mayor Putaansuu reported that Kitsap Transit sent a letter stating every 4 years, they are required to review the composition of its board. We get 1 representative at that meeting. He is willing to do it, but it is up to Council. Councilmembers had no objections with Mayor Putaansuu sitting on this committee. Lastly, he gave a brief report on Housing Kitsap. 10. REPORT OF MAYOR (Time Stamp: 0:59:47) The Mayor reported on the following: • Community Events Center survey; • Phase 1 of the Bay Street Pedestrian Pathway project; and • Equipment install for the Council Chambers. 11. REPORT OF DEPARTMENT HEADS (Time Stamp 1:02:11) HR Manager Lund reported the City of Port Orchard has been awarded the 2022 WellCity Award. Community Development Director Bond reported on the 2021 Impact Fee Annual Report. Police Chief Brown reported on recruiting and interviews. 12. CITIZEN COMMENTS (Time Stamp: 1:06:19) There were no citizen comments. 13. GOOD OF THE ORDER (Time Stamp: 1:07:13) There were no good of the order comments. 14. EXECUTIVE SESSION No executive session was held. Page 63 of 232 Back to Agenda Minutes of March 22, 2022 PaRe6of6 15. ADJOURNMENT The meeting adjourned at 7:37 p.m. No other action was taken. Audio/Visual was successful. Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 64 of 232 City of Port Orchard 216 , Orchard, Prospect Street Port WA 98366 p 20� (360) 876-4407 • FAX (360) 895-9029 � Agenda Staff Report Agenda Item No.: Public Hearing 6A Subject: Continuation of Port Orchard Municipal Code Chapter 5.60 Fireworks Back to Agenda Meeting Date: April 12, 2022 Prepared by: Nick Bond Atty Routing No. Atty Review Date DCD Director N/A N/A Summary: The City of Port Orchard is considering revisions to the rules and regulations concerning the sale and use of fireworks in the City. Currently the City allows for fireworks sales and private use of approved fireworks in the City under Port Orchard Municipal Code Section 5.60. The City is not proposing any changes to its policies for public displays which will continue to occur. On March 22, 2022, the City Council opened, held, and continued a public hearing on an ordinance that proposed changes to POMC 5.60. The City Council heard public testimony during the public hearing and was provided with all written public comments received by the city. In addition, the City has been soliciting feedback on the fireworks issue through an online survey that remains open to the public through April 8, 2022. The survey results will be provided to the City Council once the survey has closed. The results will be made available to the public during the city council meeting. Recommendation: The City Council should hold the continued public hearing and consider public feedback received during that hearing. Attachments: The ordinance associated with this public hearing is attached to the staff report for this topic under the business items section of the agenda. The city has not received additional written public comments as of April 6, 2022, at noon, but written comments were included in the meeting materials for the March 22, 2022 Council meeting. Page 65 of 232 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 8A Subject: Adoption of an Ordinance Amending Port Orchard Municipal Code Chapter 5.60 Fireworks Back to Agenda Meeting Date: April 12, 2022 Prepared by: Nick Bond DCD Director Atty Routing No.: Development -Matter 11 Atty Review Date: April 7, 2022 Summary: The City of Port Orchard is considering revisions to the rules and regulations concerning the sale and use of fireworks in the City. Currently the City allows for fireworks sales and private use of approved fireworks in the City under Port Orchard Municipal Code Section 5.60. The City is not proposing any changes to its policies for public displays which will continue to occur. On March 22, 2022, the City Council opened, held, and continued a public hearing on an ordinance that proposed changes to POMC 5.60. The City Council heard public testimony during the public hearing and was provided with all written public comments received by the city. In addition, the City has been soliciting feedback on the issue through an online survey that remains open to the public through April 8, 2022. The survey results will be provided to the City Council once the survey has closed. The results will be made available to the public during the city council meeting. Recommendation: The City Council should consider and discuss the draft ordinance as presented along with all public feedback received on this topic. Relationship to the Comprehensive Plan: The Comprehensive Plan does not address the issue of fireworks. Motion for consideration: "I move to adopt an ordinance amending POMC 5.60 to ban the private sale and use of fireworks within City limits, as presented." Alternatives: Do not approve the proposed ordinance. Consider amendments to the proposed ordinance based on public input. Fiscal Impact: The City generated $900 in permit fees in 2021 from fireworks stands. Fireworks sales generates some sales tax. There are costs to the city that exceed $900 to permit and inspect firework stands including the inspection of temporary tents and structures and ensuring compliance with the International Fire Code. Attachments: Ordinance, Redline Version of Ordinance. Please note that an updated ordinance will be provided once the survey is closed. The ordinance will include additional findings based on the feedback received through the survey. Page 66 of 232 Back to Agenda ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO FIREWORKS; REPEALING PORT ORCHARD MUNICIPAL CODE SECTIONS 5.60.030, 5.60.040 AND 5.60.050; ADOPTING PORT ORCHARD MUNICIPAL CODE SECTION 5.60.025; AND AMENDING PORT ORCHARD MUNICIPAL CODE SECTIONS 5.60.010, 5.60.015, 5.60.020, AND 5.60.055; PROVIDING FOR SEVERABILITY AND PUBLICATION, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the State of Washington regulates the sale, discharge, and display of fireworks under Chapter 70.77 RCW; and WHEREAS, for many years the City and its elected officials have received numerous complaints regarding the discharge of both legal and illegal fireworks; and WHEREAS, on March 22, 2022, the City Council held a public hearing to receive public comment on the proposed prohibition of fireworks, and as further outreach, the City solicited public comment via a survey published on the City's website; and WHEREAS, chapter 70.77 RCW authorizes cities to adopt fireworks ordinances that are more restrictive than state law, but such ordinances may only become effective one year after their adoption; and [Additional findings to be inserted on 4/10 once the public survey has closed. A revised version of this ordinance will be provided to the City Council to reflect those findings] WHEREAS, the City Council believes that prohibiting fireworks, with a limited exception for large-scale display shows subject to a City -issued permit, would enhance the health, safety, and welfare of the public; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Port Orchard Municipal Code 5.60.010 is hereby amended to read as follows: 5.60.010 Sales, possession, use, and discharge of fireworks unlawful. It is unlawful for any person, firm or corporation to import, manufacture, transport (except as a public carrier delivering to a licensee), possess, store, sell or offer to sell at retail or wholesale or discharge fireworks inside the city limits of the city of Port Orchard; provided, that this prohibition shall not apply to duly authorized public displays. Any item of fireworks which does not meet the State of Washington Fire Marshal's approval in conformity with RCW Chapter 70.77, as amended, shall be deemed dangerous and is prohibited by this chapter. Page 67 of 232 Back to Agenda Page 2 of 4 SECTION 2. Port Orchard Municipal Code 5.60.015 is hereby amended to read as follows 5.60.015 Public display of fireworks permits required — Forms and deadlines. (1) It is unlawful for any person to hold, conduct, or engage in any public display of fireworks within the city without first having obtained and being the holder of a valid permit under the provisions of this chapter. (2) Applications for permits required by this chapter shall be submitted in such form and detail as prescribed by the City. A separate application shall be required for each site and activity. Applications shall include, at a minimum: (a) The application fee; (b) Copy of appropriate state licenses; (c) A site or discharge plan; (d) The names, addresses and telephone numbers of the applicant(s) and responsible party(ies); and (e) When applicable, a description of the proposed activity detailing how it satisfies the conditions set forth under POMC 5.60.020. (3) Permit applications shall be received by the DCD permit center for review by the City no later than 4:30 p.m. at least 40 business days prior to the date of an intended public display; and (4) Pursuant to RCW 70.77.280, the city council hereby designates the Director of the Department of Community Development or his or her designee as the person with the authority to grant or deny permits that are sought pursuant to this chapter. (5) Permits issued pursuant to this chapter are nontransferable. SECTION 3. Port Orchard Municipal Code 5.60.020 is hereby amended to read as follows 5.60.020 Conditions for public display — Permit issuance. A permit for the public display of fireworks shall be issued only upon the following terms and conditions: (1) The applicant shall have a valid and subsisting license issued by the state of Washington authorizing the holder thereof to engage in the fireworks business, a copy of which shall be filed with the DCD permit center. Page 68 of 232 Back to Agenda Page 3 of 4 (2) The applicant shall have and keep in full force and effect a policy of insurance approved by the city attorney saving the city harmless for any acts of the licensee in the following amounts: $500,000 or more for injury to any one person in one accident or occurrence, $1,000,000 for injury to more than one person for any one accident or occurrence, $300,000 for injury to property in any one accident or occurrence. Proof of insurance coverage shall be included with the application for a permit and shall be filed with the DCD permit center. (3) Public displays of fireworks shall comply with the provisions of RCW 70.77.280. SECTION 4. New Section 5.60.025 of the Port Orchard Municipal Code is hereby enacted to read as follows 5.60.025 Permit Fees. The annual fee for a "public display" permit for the public display of fireworks shall be set by resolution of the City Council, and shall be payable in advance. SECTION S. Port Orchard Municipal Code 5.60.030 is hereby repealed. SECTION 6. Port Orchard Municipal Code 5.60.040 is hereby repealed. SECTION 7. Port Orchard Municipal Code 5.60.050 is hereby repealed. SECTION 8. Port Orchard Municipal Code 5.60.055 is hereby amended to read as follows: 5.60.055 Prohibition due to extreme fire danger. The mayor, after consulting with a fire authority and other officials as may be deemed appropriate, may prohibit the discharge of all fireworks during periods of extreme fire danger. Such emergency limitations or prohibitions shall be temporary and the reasons necessitating the emergency limitations or prohibitions shall be clearly defined in the resolution. SECTION 9. Ratification. All acts taken pursuant to the authority of this Ordinance but prior to its effective date are hereby ratified. SECTION 10. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining parts of this ordinance. SECTION 11. Savings Clause. Those portions of Chapter 5.60 of the Port Orchard Municipal Code which are repealed by this ordinance shall remain in force and effect until the effective date of this ordinance. Such repeals shall not be construed as affecting any existing Page 69 of 232 Back to Agenda Page 4 of 4 right acquired under the laws repealed, nor as affecting any proceeding instituted thereunder, nor any rule, regulation or order promulgated thereunder. SECTION 12. Effective Date. This ordinance shall be in full force and effect twelve (12) months after posting and publication as required by law. A summary of this Ordinance may be published in lieu of the entire ordinance, as authorized by State Law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the City Clerk in authentication of such passage this 121" day of April 2022. ATTEST: Robert Putaansuu, Mayor SPONSOR: Brandy Wallace, MMC, City Clerk Scott Diener, Councilmember APPROVED AS TO FORM: Charlotte A. Archer, City Attorney PUBLISHED: EFFECTIVE DATE: Page 70 of 232 Back to Agenda Ordinance Relating to Fireworks — Redline of Existing Code 5.60.010 Ren,,,t-.d r4atp I+semse Keged— Fee Sales, possession, use, and discharge of fireworks unlawful. It is unlawful for any -No person, firm or corporation s4A to import, manufacture, transport (except as a public carrier delivering to a licensee), possess, store, sell or offer to sell at retail or wholesale or discharge fireworks inside the city limits of the city of Port Orchard ; provided, that this prohibition shall not apply to duly authorized public displays. Any item of fireworks which does not meet the State of Washington Fire Marshal's approval in conformity with RCW Chapter 70.77, as amended shall be deemed dangerous and is prohibited by this chapter. AA+"^„+ f;rSt a-citypeFmit shall 100.00-peF yeaF payable-i^advance. 5.60.015 Public display of fireworks mks permits required — Forms and deadlines. (1) It is unlawful for any person to hold, conduct, or engage in any public display of fireworks within the city without first having obtained and being the holder of a valid permit under the provisions of this chapter. {� 2) Applications for permits required by this chapter shall be submitted in such form and detail as prescribed by the ;fit 4p a4th^4y. A separate application shall be required for each site and activity. Applications shall include, at a minimum: (a) The application fee; (b) Copy of appropriate state licenses; (c) A site or discharge plan; (d) The names, addresses and telephone numbers of the applicant(s) and responsible party(ies); and (e) When applicable, a description of the proposed activity detailing how it satisfies the conditions set forth under POMC 5.60.020. Q4 3) Permit applications shall be received by the DCD permit center for review by the Page 71 of 232 Back to Agenda -Pie no later than 4:30 p.m. at least 40 business days prior to the date of an intended public display; and �} (4) Pursuant to RCW 70.77.280, the city council hereby designates the Director of the Department of Community Development P-h;,,f f+h fir +herit„ or his or her designee as the person with the authority to grant or deny permits that are sought pursuant to this chapter. �44 Permits issued pursuant to this chapter are nontransferable. 5.60.020 Conditions for public disalav — Permit issuance. A permit for the �Sa'^ .,f f;,e-,.ved(s eF fer public display of fireworks shall be issued only upon the following terms and conditions: (1) The applicant shall have a valid and subsisting license issued by the state of Washington authorizing the holder thereof to engage in the fireworks business, a copy of which shall be filed with the DCD permit center. M{� The applicant shall have and keep in full force and effect a policy of insurance approved by the city attorney saving the city harmless for any acts of the licensee in the following amounts: $500,000 or more for injury to any one person in one accident or occurrence, $1,000,000 for injury to more than one person for any one accident or occurrence, $300,000 for injury to property in any one accident or occurrence. Proof of insurance coverage shall be included with the application for a permit and shall be filed with the DCD permit center. the zeRiRgFdiRaRe s f the eit y. (3){� Public displays of fireworks shall comply with the provisions of RCW 70.77.2804R shall be filed vVith the PCD n mit Rt r Page 72 of 232 Back to Agenda 5.60.055 Prohibition due to extreme fire danger. The mayor, after consulting with at#e fire authority, and other officials as may be deemed appropriate, may prohibit the discharge of all fireworks during periods of extreme fire danger. IR Such emergency limitations or prohibitions shall be temporary and the reasons necessitating the emergency limitations or prohibitions shall be clearly defined in the resolution. Page 73 of 232 Back to Agenda r 4ui.9 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Item No.: Subject: Agenda Staff Report Business Item 8B Adoption of a Resolution Authorizing the Purchase of Kitsap Countv Tax Parcel No. Meeting Date Prepared by 4027-023-017-0004 for the Bay Street Atty Routing No: Pedestrian Pathway Project Atty Review Date April 12, 2022 Mark Dorsey, P.E. Charlotte Archer 366922-0009 - PW April 5, 2022 Summary: The City's Right of Way Acquisition and Relocation Consultant, Tierra Right of Way Services, Ltd., in conjunction with the City, identified Kitsap County Tax Parcel No. 4027-023-017-0004 (the "Property") as a necessary acquisition for the Bay Street Pedestrian Pathway Project. Accordingly, in accordance with the City's Relocation Assistance Program, the Uniform Relocation Act, 42 U.S.C. Ch. 61, Chapter 8.26 Revised Code of Washington (RCW), and Chapter 468-100 Washington Administrative Code (WAC), the City issued an offer and Notice of Relocation Eligibility, Entitlements and 90-Day Assurance - Personal Property Only for Relocation Assistance to the owners of the Property. The Property's owner has agreed to a voluntary move out of the Property and has submitted claims for relocation benefits in accordance with Resolution No. 033-22 (Right -of -Way Acquisition Procedures) and the City's Relocation Assistance Program. On February 16, 2022, the Public Works Director executed the Concurrence, the Agent Move Estimate Recommendation and the Move Expense Agreement Non -Residential and Authorized for Payments for the relocation benefits for moving benefits in the amount of $8,000. On April 4, 2022, the Public Works Director executed the Concurrence and Authorized for Payments for 12-month temporary storage relocation benefits in the amount of $4,440, payable in 3-month increments of $1,110 with proof of payment to the storage company and Relocation Voucher Number 1 for $8,000 for the total amount of $12,440, subject to City Council approval of the relocation benefit payments. Tierra recommends, and Staff have reviewed and concur, the Council authorize payment of the following relocation benefits for the Property's owners: (1) $8,000 in reimbursable moving costs (based on the Washington State Utilities and Transportation Commission Tariff guidelines and Personal Property Only section of the Washington State Department of Transportation Right of Way Manual); and (2) $4,400 for 12-month temporary storage relocation benefits, reimbursable in 3-month increments of $1,110 with proof of payment to the storage company. Please note: all expenditures associated with the Bay Street Pedestrian Pathway Project have been identified within the Project Funding Estimate (PFE) and are Grant eligible. Relationship to Comprehensive Plan: Chapter 8 - Transportation Recommendation: For the Ocean and Arlene Williams Personal Property Relocation and as needed for the Bay Street Pedestrian Pathway Project, Staff recommends that the City Council authorize the following: Page 74 of 232 S Back to Agenda Item 8B Page 2of2 1. Approve the Relocation Move Payment in the amount of $8,000.00 2. Approve the Moving Storage Benefit in the amount of $4,440.00 Motion for Consideration: I move to adopt Resolution No. 033-22, authorizing relocation benefits payments to the owners of Kitsap County Tax Parcel No. 4027-023-017-0004 for the Bay Street Pedestrian Pathway Project, and authorizing the Mayor to execute all necessary documents. Fiscal Impact: Grant and Local Match funding for this acquisition expenditure is allocated within the Project Funding Estimate (PFE) for the Project and the 2021-2022 Biennial Budget. Alternatives: None Attachments: Res. No. 033-22 Exhibit A to Res. No. 033-22 - Relocation Assistance Voucher 1 (PPO+ Storage) Courtesy copies of eligibility documentation: • Attachment 1— Tierra Memo re Move Estimate -Approved by PW Director 2/16/2022 • Attachment 2 — Tierra Memo re Storage Cost Estimate Recommendation -Approved by PW Director 4/4/2022 • Attachment 3 - Certificate of Eligibility/Lawfully Present in the United States • Attachment 4 - Moving Expense Agreement • Attachment 5 — Notice of Relocation Eligibility Page 75 of 232 Back to Agenda RESOLUTION NO. 033-22 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING RELOCATION BENEFITS FOR THE OWNERS OF KITSAP COUNTY TAX PARCEL NO. 4027-023-017-0004 FOR BAY STREET PEDESTRIAN PATHWAY PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE ALL NECESSARY DOCUMENTS TO EFFECTUATE PERSONAL PROPERTY RELOCATION PAYMENTS. WHEREAS, the City has identified the need to acquire real property to support the construction of the Bay Street Pedestrian Pathway Project (the "Project"); and WHEREAS, in accordance with the City's Relocation Assistance Program, the Uniform Relocation Act, 42 U.S.C. Ch. 61, Chapter 8.26 Revised Code of Washington (RCW), and Chapter 468-100 Washington Administrative Code (WAC), the City issued an offer and Notice of Relocation Eligibility, Entitlements and 90-Day Assurance -Personal Property Only for Relocation Assistance to the owners of real property located at 1763 Bay Street, Kitsap County Tax Parcel No. 4027-023-017-0004 (the "Property"); and WHEREAS, pursuant to the aforementioned authorities and notices issued to the owners of the Property, and in conjunction with the Washington State Department of Transportation, Local Programs, serving as Contract Administrator for the Project, the City's consulting Relocation Agent, Tierra Right of Way Services, Ltd., recommends payment of $8,000 for personal property only -moving expenses and up to $4,440 in personal property storage costs as eligible relocation expenses for the owners of the Property, payable upon the owners' completed move from the Property; and WHEREAS, the Port Orchard City Council finds it is in the best interest of the City to authorize all relocation payments identified herein, consistent with the City's Relocation Assistance Program and the aforementioned authorities; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The City Council authorizes a Relocation Payment to the owners of the Property in the amount of $8,000.00 for personal property -only moving expenses as identified on Exhibit A hereto and incorporated herein by this reference, pursuant to the Relocation Assistance Program, and authorizes the Mayor to execute all necessary documents to effectuate the payment; and THAT: The City Council authorizes the Moving Benefit Payment for Temporary Storage of personal property in the amount of $4,440.00 as set out Exhibit A hereto and Page 76 of 232 R Back to Agenda 2 Page 2 of 2 incorporated herein by this reference, pursuant to the Relocation Assistance Program, and authorizes the Mayor to execute all necessary documents to effectuate the payment; and PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage on this 1211 day of April 2022. ATTEST: Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 77 of 232 Relocation Assistance Voucher No. 1 Agency Name: Mark R. Dorsey, P.E., Public Works Director City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 I hereby certify under penalty of perjury that the items and amounts listed herein are proper charges against the Agency. That the same or any part thereof has not been paid, and that I am authorized to sign for the claimant. I further certify that I am a citizen of the United States of America or am an alien lawfully present in the United States of America. Displaced Person(s) or Claimant Ocean and Arlene Williams 1763 Bay Street Port Orchard, WA 98366 Signature (Blue ink) for each claimant x Date 4/4/2022 Ocean Williams x 4/4/2022 Arlene Williams Project Title: City of Port Orchard Pedestrian Enhancement Project (Mosquito Fleet Trail) Parcel No.: 4027-023 017-0004 Displacee No.: 2 Displacee Name: Ocean and Arlene Williams Date Parcel Vacated: 4/14/2022 Replacement Housing Payments $ Amounts Price Differential — 90-dayowner for amounts up to $31,000 $0.00 MIDP - Increased Mortgage Interest Payment $0.00 Incidentals JN75 / JN79 $0.00 Last Resort Housing — owner for amounts over $31,000 $0.00 Rental Supplement — 90-daytenants and certain others amounts up to $7,200 $0.00 Down Payment Assistance — 90-daytenants and certain others $0.00 Last Resort Housing — tenants amount over $7,200 $0.00 Comments / other (describe): $ Moving Expense Payments $ Amounts Self -Move / Schedule Payments — residential $0.00 Actual Expenses Commercial Move/Actual Cost Self Move — residential $0.00 Fixed Payment in lieu of all other moving expenses) - Non -Residential $0.00 Actual Costs / Self Move / Commercial - Non -Residential $0.00 Reestablishment Costs - Non -Residential $0.00 Personal Property Only -Move $8,000.00 Comments / Other (describe): Displacee is eligible for 12 months of storage in the amount of $4,440.00 (4) Four months of storage, one heated unit at $190.00 and one regular unit at $180.00= $1,110.00. DO NOT MAIL CHECK. HOLD FOR TIERRA'S AGENT TO PICK UP. CHECK TO BE DELIVER BY AGENT AT DISPLACEMENT SITE -MOVE -OUT INSPECTION AND WITH PROOF OF STORAGE PAID INVOICE 4/14/2022. $1,110.00 Deductions: -so.. 0 TOTAL A $9,110.00 Invoice No.: Date: Amount: $ ACCOUNT CLASSIFICATION JOB NUMBER ACCOUNT CONTROL TOTALS PARCEL WORK ORDER GRP WORK OP OBJ SUB SECTION ORG. NO. NON -PART DOLLARS TOTAL $ 9,110.00 RELOCATION SPECIALIST: Paula Ferrreira-Smith DATE: 4/4/2022 RELOCATION SUPERVISOR: Leslie Findlay or DATE:4/4/2022 MargeR. Bailey/PM / I, the undersigned, certify that the above information is correct, that the payment is necessary for the above relocation assistance, that it has been performed in accordance with prescribed procedures, and that this payment is not considered income or resources to a "DISPLACED PERSON" pursuant to Section 216 of Public Law 91-646 and RCW 8.26.115.: Warrant Register No.: Voucher No.: Mark R. Dorsey, P.E., Public Works Director DATE Page 78 of 232 RES-537 Rev. 6/2019 Page 79 of 232 TterP4 A C L S .I P A N Y MEMORANDUM To: Mark Dorsey, Director of Public Works/Engineering From: Leslie Findlay, ROW Operations Manager Mage Bailey, Project Manager Paula Ferreira -Smith, Relocation Agent Date: February 15, 2022 Back to Age Project Title: City of Port Orchard Pedestrian Enhancement Project (Mosquito Fleet Trail) Parcel No.: 4027-023-017-0004 Displacee: Ocean & Arlene Williams, Personal Property Only Relocation Federal Aid No: STPE-STPUS-0166(008) Displacee No. 02 Subject: Agent Move Estimate Recommendation Background Information Ocean and Arlene Williams purchased the displacement site in 2007. The dwelling, located at 1763 Bay St, Port Orchard, WA 98366, is a furnished house and is used as a vacation home. The Williams do not occupy the home as their main residence; therefore, they are only eligible for a Personal Property Only move to remove their personal property from the site. The two-story home contains a first floor with approximately 1,270 sq. ft., which includes a 396 sq. ft. garage that has been converted into a master bedroom/den, and a second floor with approximately 275 sq. ft. The property also has a deck, which is approximately 992 sq. ft., which has an assortment of wooden outdoor furniture, planters, art, BBQs, a propane tank, outdoor sporting equipment, and a kayak. The side deck also contains outdoor items including an outdoor moveable fireplace, wooden chairs, and a pedal boat. The property owner indicated that he stores four additional kayaks/boats under the house. Because the displacement site consists of a dwelling that is constructed on pilings over tidelands, those items could not be photograph for verification. Personal l'ro ert Inventory The attached inventory sheet dated June 4, 2021, gives a detailed description of the personal property that is located at the displacement site. All personal property at the displacement site is owned by Ocean and Arlene Williams. Because this has been determined to be a non-complex move, under $10,000, I have prepared an Agent Estimate using the Washington Utilities and Transportation Commission ()NUTC) Tariff 15-C rates for personnel, packing materials and equipment. For labor, the WUTC prices for a move of more than 3 hours range from $37.93 to $96.70 for truck and driver, and $29.63 to $84.03 for a helper, if the move were to take place Monday thought Friday, between 8:00 a.m. and 5:00 p.m. (WUTC Tariff 15-C-Household Goods, Section 3-Local Moves, Revised in Docket TV-190664, Effective, February 21, 2021). Tierra Right of Way Services, Ltd, Leslie Findlay, Designated [broker 8685 Martin Way East, Suite 203 Lacey, Washington 98516 a Phone: 206.363.1556 Right or Way a Cultural Resources m Environmental PI��n��of232 Toll Free: 800.887.0847 * www tierra-row_com As the Seattle housing frenzy continues and spills over into other vicinities, including the Kitsap peninsula, which has become a growing bottleneck with an increase in population, the current labor shortage is affecting the move industry. This change has disrupted the cost of moving and moving patterns. Taking those factors into consideration, I recommend the high range prices for the displacee to be competitive with the current moving cost market. This move would require four movers, one full 9-hour day, to pack, load and unload the personal property within 50 miles of the displacement site. I have estimated the cost of packing materials for these efforts. The larger items will require two movers and hand trucks. Accessibility and Road Frontages The displacement site is located westerly of Bay Street, along Sinclair Inlet. The site has approximately 75 feet of frontage along Bay Street and Sinclair Inlet. Bay Street is a two-lane asphalt paved street with one lane of traffic in each direction. Bay Street has sometimes heavy traffic volumes as there is very limited street parking. Due to parking issues, a special cargo van would be needed to transfer items to the moving truck at another location nearby. The cargo van would need to complete about 6 trips to the moving truck. All items would fit in one 26' foot moving truck with a low deck and easy to load/unload ramp and take one trip to accomplish. Recommendation is as follows: Description No. Truck/Driver/ Rate/ Labor/Material Hourly 1 $96.70 Time/Hours 9 Sub -Total Labor and equipment to move personal property items, pack, load, unload to truck $870.30 Labor and equipment to move personal property items, drive to destination, TBD 1 $96.70 2 $193.40 Additional labor/Person 4 $84.03 9 $3,025.08 Additional: Labor/Person/Unload/Destination, (TBD) 4 $84.03 4 $1,344.48 Total Labor $5,433.26 Packing Materials Cubic Foot Boxes 130 $10.67 n/a $1,387.10 Flat Screen Carton Art Collection) 4 $227.22 n/a $908.88 Mirror Carton 4 $22.66 n/a $90.64 Drum Pack 6 $28.81 n/a $172.86 Total Packing Materials $2,559.48 Total A ent Estimate Recommendation $7,992.74 Using the WUTC rates, the agent estimate calculation is less than the $10,000.00 threshold set forth in the WSDOT Right of Way Manual, Chapter 12.8.4. Therefore, I recommend the City of 2 Page 81 of 232 Back to Agenda Port Orchard offer to Mr. and Mrs. Williams a moving entitlement of $7,992.72, rounded to $8,000.00 as actual reasonable and necessary to move the residential displacee personal property. Sincerely, vrl_u �fA. �s slSl t rt� Paula Ferreira -Smith, RW-RAC Relocation Agent/Specialist Tierra Right of Way Services, Ltd. 8685 Martin Way E. #203, Lacey, WA 98516 206.363.1556 office 1800.887.0847 1 www.tierra-row.com The undersigned has reviewed and approves the above Agent Move Estimate Recommendations for Personal Property Only Relocation benefits determination. City of Port Orchard Mark Dorsey, Director of Public W Date Page 82 of 232 3 Back to Agenda Washington Utilities and Transportation Commission Tariff 15-C -- Household Goods Section 3 — Local Moves 2nd Revised Page No. 50* LTEM_230 - HOURLY RATES 1. Hourly rates apply during regular hours only. For other than regular hours, overtime charges will apply in addition to these hourly rates. 2. Time must be recorded to the nearest increment of 15 minutes. The carrier must require its employees to record breaks and interruptions. The customer must not be charged for breaks or interruptions caused by the carrier's personnel. 3. The minimum charge for a shipment moving under hourly rates is one hour. 4. When transporting a single shipment, the carrier may bill the customer either: a. The time beginning when the moving vehicle leaves the carrier's terminal or other location of the vehicle (whichever is closest) to the origin of the shipment, until the time the vehicle returns to the carrier's terminal or is dispatched to another job. b. Flat travel time for the time from the carrier's terminal or other location of the vehicle (whichever is closest) to the origin of the shipment and the time from the shipment's destination to the carrier's terminal. 5. When a single vehicle combines two or more shipments, the time charged to each customer must be the actual time spent conducting packing, loading, unloading and unpacking plus an equitable division of the total travel time. 6. Carriers will charge local moves at the following rates: a. Charge for truck and driver: i. For a move three hours or less induration, a minimum of $39.20 per hour and a maximum of $99.92 per hour. ii. For a move more than three hours induration, a minimum of $37.93 per hour and a maximum of $96.70 per hour. b. Additional charge for each additional worker: i. For a move three hours or less in duration, a minimum of $30.69 per hour and a maximum of $87.04 per hour. ii. For a move more than three hours in duration, a minimum of $29.63 per hour and a maximum of $84.03 per hour. Carriers will charge the following minimum charges: a. For service provided at the customer's request: i. A minimum of one hour, Monday through Friday, excluding state -recognized holidays, between 8:00 a.m. and 5:00 p.m. ii. A minimum of four hours on Monday through Friday, before 8:00 a.m. and after 5:00 p.m. or on a Saturday, Sunday or state -recognized holiday. *Revised in Docket TV-190664 Effective: February 21, 2020 Page 83 of 232 Back to Agenda Washington Utilities and Transportation Commission Tariff 15-C -- Household Goods Section 3 - Local Moves 4ch Revised Page No. 49" ITEM 225 - CONTAINER PRICES 1. Prices are for containers (packing materials) only. 2. If the customer requests delivery or pickup of containers, Item 230 (Hourly Rates) will apply. 3. When available, the customer may purchase used containers at 50 percent of the prices shown below. This does not include reusable plastic containers. 4. Carriers may rent reusable plastic containers to customers at the rates shown below. The carrier will provide the customer with a document outlining the terms and conditions for reusable plastic container rental, signed by the carrier and the customer. 5. Carriers may provide free de minimis use of wardrobe cartons and reusable plastic containers on the day of the move. Type of Container Charge per Container Minimum I Maximum DRUM, DISH PACK (drum, dish -pack, barrel, or other specially designed containers, not less than 5 cu. ft. capacity, used for packing glassware, chinaware table lamps or other similar fragile articles, with inserts or dividers) $10.05 $28.81 WASHER PACKING KIT $3.30 $9.49 FRONT LOAD WASHING MACHINE KIT tKit cost onl $60.00 $107.64 CARTONS (not less than 200 lb. test) Less than 3 cu. ft. T $2.08 $5.98 3 cu. ft. $3.10 $8.89 4 1/2 cu. ft. $3.72 $10.67 6 cu. ft. $4.38 $12.57 REUSABLE PLASTIC CONTAINERS (not less than 2.5 cu. ft.) Weekly rental $1.37 $7.17 DOLLIES (designed for stacking reusable plastic containers) _ Weekly rental $3.33 $8.97 WARDROBE CARTON not less than 10 cu. ft. $7.91 $23.05 MATTRESS CARTONS Crib mattress carton Twin mattress. carton $3.57 $10.27 $6.47 $18.55 Double mattress carton $8.05 $2110 Queen mattress carton $9.11 $26.13 Kin2 mattress carton $13.05 $37.42 King box spring carton $14.89 $42.71 MATTRESS COVERS Twin mattress single -use cover Double mattress single -use cover Queen mattress single -use cover King mattress single -use cover $4.95 $6.00 $7.80 $8.25 $11.36 $13.77 $17.90 $18.92 LAMP CARTON $4.38 $10.05 MIRROR CARTON (corrugated) $8.04 $22.66 FLAT SCREEN TV CARTON $28.75 $227.22 CRATES AND CONTAINERS (other than described above, designed for mirrors, paintings, glass or marble tops, and similar fragile articles) Price per cubic foot or fraction (gross measurement of crate or container) $1.86 $12.76 Crate (minimum) $6.35 $38.29 Revised in Docket TV-210035 Effective: February 12, 2021 Page 84 of 232 Back to Agenda 10 A (Fin) (Upper) 24 (24 1d Dk (K2 Page 85 of 232 TI"Ierr4 A C L S C 0 M P A N Y MEMORANDUM From: Leslie Findlay, ROW Operations Manager Mage Bailey, Project Manager Paula Ferreira -Smith, Relocation Agent Date: February 16, 2022 Back to Agenda Project Title: City of Port Orchard Pedestrian Enhancement Project (Mosquito Fleet Trail) Parcel No.: 4027-023-017-0004 Displacee: Ocean & Arlene Williams, Personal Property Only Relocation Federal Aid No: STPE-STPUS-0166(008) Displacee No. 02 Subject: Agent Storage Cost Estimate Recommendation Backpuound Information Ocean and Arlene Williams purchased the displacement site in 2007. The dwelling, located at 1763 Bay St, Port Orchard, WA 98366, is a furnished house and is used as a vacation home. The Williams do not occupy the home as their main residence; therefore, they are only eligible for a Personal Property Only move to remove their personal property from the site. The two-story home contains a first floor with approximately 1,270 sq. ft., which includes a 396 sq. ft. garage that has been converted into a master bedroom/den, and a second floor with approximately- 275 sq. ft. The property also has a deck, which is approximately 992 sq. ft., which has an assortment of wooden outdoor furniture, planters, art, BBQs, a propane tank, outdoor sporting equipment, and a kayak. The side deck also contains outdoor items including an outdoor moveable fireplace, wooden chairs, and a pedal boat. The property owner indicated that he stores four additional kayaksiboats under the house. Because the displacement site consists of a dwelling that is constructed on pilings over tidelands, those items could not be photographed for verification. Storage Cost Estimate The displacees, Ocean and Arlene Williams, have requested storage benefits for their personal property located at the displacement site and in anticipation of selling the property for the project. They are requesting two large storage units to store all the contents from the displacement site. Tierra Right of Way Services, Ltd. .eslie Findlay, Designated Broker 8685 Martin Way East, Suite 203 a Lacey, Washington 98516 9 Phone: 206.363.1556 P,iyht or Way 9 Cultural Resources 9 Fnvironmental PiPQ6186of232 Toll Free. 800.887,084 7 a wGv✓V,tierra- row, com Back to Agenda Two Units Storage Cost Analysis: Name of the Price/Mon No Details Facility Address City Size th Long Lake Storage 5230 SE Mile Port 1 Inside, heated 360) 895-8600 Long Lake Storage Hill Drive 5230 SE Mile Orchard Port 1Ox20 $190.00 2 Inside, re ular (360) 895-8600 Long Lake Storage Hill Drive Orchard l Ox20 $180.00 Inside, regular 5230 SE Mile Port 1000 $280.00 3 (360) 895-8600 Hill Drive Orchard Inside unit, Public Storage 1699 SE Mile Port 4 small unit 360 602-2450 Hill Drive Orchard IOx5 $92.00 Climate 4446 Bethel Port Extra- 5 Control Sound Storage Road SE Orchard Large $315.00 4446 Bethel Port 6 Regular Sound Storage Road SE Orchard Large $192.00 U-Haul Delridge Seattle 6403 Martin One- or 2- Storage of Othello Luther King Jr 7 bedroom size Station Way S Seattle 5xl8x6 $164.95 1 st Ave Self 8 Storage 2400 lst Ave S Seattle Medium $225.00 1 st Ave Self 9 Storage 2400 1st Ave S Seattle Large $568.00 10 Online price Public Storage 7133 Delrid a Seattle lOxl0 $279.00 11 Online price Public Storage 7133 Delrid e Seattle lOxl5 $304.00 The storage cost analysis investigation was conducted based on online research for storage facilities located in the vicinity of the displacement site vacation home located at 1763 Bay Street, Port Orchard, WA 98366, and within the vicinity of the displacees permanent home located at 3901 S Eddy Street, Seattle, WA 98118. The selected storage facilities locations are within the eligible transportation cost for moving expenses, for a distance up to a maximum of 50 miles. Based on a local storage cost analysis and visual inspection of the personal property inventory, storage is recommended for up to twelve months for two units, one 1 Ox20 heated unit at $190.00 per month, and one 1 Ox20 non heated unit at $180per month. The total estimated storage cost of $370per month or $4,440/year. 2 Page 87 of 232 ate.■ Description Monthly Estimated Months Total Storage Unit - Heated $190.00 12 $2,280.00 Storage Unit $180.00 12 Total/Year $2,160.00 1 , 4 440.00 Recommendation I recommend the City of Port Orchard approve storage for up to 12 months, to be reimbursed in quarterly increments, as actual reasonable and necessary reimbursable moving expense. This is per the request of the personal property only displacees and because they do not have room to store the personal property from their vacation home at their current home. They'd like to store it until they find a replacement vacation home. Reimbursement will be based on actual receipt amounts, but not to exceed 12 months, starting the date that the displacees vacate the displacement site. Agent will work with the displacees until claim period expires to submit claims in 3 months increments to the City of Port Orchard with the appropriate receipts to support reimbursement. Sincerely, Paula Ferreira -Smith, RW-RAC Relocation Agent/Specialist Tierra Right of Way Services, Ltd. 8685 Martin -Way E. #203, Lacey, WA-98516 - 206.363.1556 office 1800.887.0847 1 www.tiel,ra-row.com The undersigned has reviewed and approves the above Agent Storage Estimate Recommendations for Personal Property Only Relocation benefits determination. City of Port Orchard Mark Dorsey, Director of Public Works/Engineering Date Page 88 of 232 Back to Agenda Lawfully Present in the United States Certification Project Title: City of Port Orchard Pedestrian Enhancement Parcel No.: 4027-023-017-0004 Project (Mosquito Fleet Trail) Displaced Person(s): Ocean and Arlene Williams Displacee No.: 02 Federal law requires certification of residency status. Please fill out the appropriate category below with your occupancy status in the United States. Your signature constitutes certification. RESIDENTIAL 1) I certify that I am: 0 a citizen or national of the United States ❑ an alien lawfully present in the United States 2) 1 certify at there are 4 persons in my household, and that 4 are citizens or nationals of the United States and are aliens lawfully present in the United States. NON-RESIDENTIAL Unincorporated Business/Farm/Nonprofit Organization 1) 1 certify that I am: ❑ a citizen or national of the United States ❑ an alien lawfully present in the United States 2) 1 certify that there are owners in the organization, and that are citizens or nationals of the United States and are aliens lawfully present in the United States. 3) 1 certify that Incorporated Business/Farm/Nonprofit Organization (corporation) is authorized to conduct business in the United States. I certify that (corporation) is authorized to conduct business in the United States. PERSONAL PROPERTY ONLY (PPO) I certify that I am: © a citizen or national of the United States ❑ an alien lawfully present in the United States By signature below, I am certifying that the information provided is complete and accurate. A e Signature AVIA Date 03/31/2022 Signature /9Date 03/31/2022 LJW LPA-547 Page 89 of 232 Rev. 11/21 ate■ Move Expense Agreement Non -Residential Project Title: Parcel No.: City of Port Orchard Pedestrian Enhancement Project (Mosquito Fleet Trail 4027-023-017-0004 Type of Displacement: Displaced Person(s): Ocean and Arlene Displacee No.: 02 ❑ Business El ❑ Non Profit Org. ®PPO Williams I, the undersigned, hereby certify that I am the owner of certain personal property that is lawfully located upon real property acquired in connection with the foregoing public works project. As a result of the acquisition, said personal property must be moved from the acquired site. By initialing below, I hereby select the following type(s) of moving option(s), authorized under the Washington State Relocation Assistance Program: N/A Commercial Move. I will obtain the services of a qualified commercial mover to relocate all my personal property up to a maximum of 50 miles. Upon request, the City of Port Orchard (Agency) will make direct payment to said selected mover on my behalf. This amount is limited to the lowest acceptable bidder selected by the Agency. I estimate the value of my personal property to be $ . This amount will be used to determine the cost of my replacement value insurance (copy of insurance policy may be requested). N/A Self -Move. I will move all personal property owned by me in accordance with the attached moving specification (or on file). When the move has been completed and the property inspected by the Agency, I will claim the amount of $ C Self -Move, Actual Cost Move. I will move all personal property owned by me using my own resources and be reimbursed the actual and reasonable moving cost as documented by paid receipts, invoices, or other reasonable evidence of expense. N/A In Lieu, Fixed Payment. I will move all personal property owned by me from the acquired site. Upon satisfactory completion of the move, I will claim the amount of $ , which amount has been authorized by approval of my application for fixed payment, dated - . I understand that my acceptance of this payment is in lieu of any and all other moving and moving related expenses to which I would otherwise be entitled. Self -Move (PPO), Move Cost Schedule. I will move all personal property owned by me and when the i( move has been completed and inspected by the City of Port Orchard, I will claim the amount of $8,000.00. NOTE: Failure to comply with the terms and conditions of this agreement may result in denial of all or part of your claim for moving expenses. In the event that all personal property is not removed, appropriate action will be taken by the Agency, and you will be responsible for the cost associated with removing personal property left at the displacement site. This cost will be deducted from your moving claim/payment. 624e� 3.31.22 aced POcean Williams Date 3.31.22 Displaced Person: Arlene Williams Date LPA-540a Rev. 6/2019 Page 90 of 232 Back to Agenda Move Expense Agreement Non -Residential Project Title: Parcel No.: City of Port Orchard Pedestrian Enhancement Project (Mosquito Fleet Trail 4027-023-017-0004 Type of Displacement: Displaced Person(s): Ocean and Arlene Displacee No.: 02 ElBusiness El Farm ❑ Non Profit O . M PPO Williams Pam,. '�-,w►p inA.. Relocation Specialist: Paula Ferreira -Smith, RW-RAC Agency orizatio 2/11 /2022 Date Date LPA-540a Rev. 6/2019 Page 91 of 232 TIleAPP4 A C L S C O M P A N Y February 18, 2022 Ocean & Arlene Williams 3901 S Eddy St Seattle, WA 98118 Back to Agen Relocation Assistance Program Notice of Relocation Eligibility, Entitlements, & 90-Day Assurance -Personal Property Only Project Title: City of Port Orchard Pedestrian Enhancement Project (Mosquito Fleet Trail) Parcel No.: 4027-023-017-0004 Federal Aid No: STPE-STPUS-0166(008) Displacee No.: 02 Dear Mr. & Mrs. Williams: On February 18, 2022, the City of Port Orchard (City) offered to purchase your property located at 1763 Bay St. Port Orchard, WA 98366. According to information you provided, you have occupied the above property since November 2007. Relocation Notice of Eli ibility You are eligible to receive relocation assistance in accordance with the United States Code, 42 USC 4601 et seq., Public Law 91-646, the implementing regulations found in the Code of Federal Regulations, 49 CFR Part 24, the Revised Code of Washington, RCW 8.26, and the implementing regulations of the Washington Administrative Code, WAC 468-100. The purpose of this letter is to advise you of the relocation assistance and entitlements that may be available to you in accordance with the state and federal laws and regulations cited above. 90-Day Assurance You are not required to relocate immediately. You will not be required to vacate the property before May 19, 2022, which is at least 90 days from the date you receive this letter. Moving Entitlement You may select a commercial move, a negotiated cost self -move based on the successful move bid or a specialist move estimate, an actual cost self -move, or a combination of the options for moving your personal property. Tierra Right of Way Services, Ltd. Leslie Findlay, Designated Broker 8685 Martin Way East, Suite 203 . Lacey, Washington 98516 • Phone: 206.363.1556 Right of Way • Cultural Resources • Environmental PP%2@92gof232 Toll Free- 800 887,0847 • www tierra-row.com LPA-510 Rev. 2/2022 Due to the non-complex nature of your move, your entitlement has been calculated using a specialist move estimate based on the Washington State Utilities and Transportation Commission Tariff Guidelines and/or the move cost schedule provided in the Personal Property Only section of Chapter 12 of the Washington State Department of Transportation Right of Way Manual. (WUTC Tariff 15- C-Household Goods, Section 3-Local Moves, Revised in Docket TV-190664, Effective, February 21, 2021). If you choose to move yourself using your own forces and resources, the Agency will reimburse your actual and reasonable moving expenses not to exceed $8.0�Oa to move all your personal property. The payment will include all costs to disconnect, disassemble, pack, move, unpack, reassemble, and reconnect your personal property, as well as any applicable packing materials needed. If you choose a commercial move, the City of Port Orchard "Agency" will obtain estimates from professional movers to determine a reasonable amount to reimburse you for moving expenses. If you choose an actual cost self -move you will be reimbursed for labor and equipment used to move your personal property. You must submit acceptable supporting documentation, such as receipts and invoices, of actual cost incurred during your move. If you wish to select a combination of the move options noted above, you relocation specialist will work with you to determine the level of reimbursement for each portion of your move. Payment for a move is limited up to a maximum of 50 miles. Advisory Assistance Your relocation specialist will be available to answer any questions about your relocation entitlements. You will be provided with assistance in completing claim forms. If needed, the Agency will provide you with information on the availability, purchase prices, and/or rental costs for replacement sites. You should be aware that, ultimately, it is the business owner's responsibility to locate a replacement site. Claiming Your Entitlement You must notify your relocation specialist of the date you intend to move and sign a Move Expense Agreement prior to your move date. Once you have vacated the property completely you will need to schedule a vacate inspection with your relocation specialist. Once it has been verified that all personal property has been moved, your relocation specialist will prepare a claim, secure the appropriate signatures, and submit the claim for processing and payment. In the event that all personal property is not removed, appropriate action will be taken by the Agency and you will be responsible for the cost associated with removing any personal property left at the displacement site. This cost will be deducted from your moving claim/payment. Prior to processing claims for relocation entitlements, the Internal Revenue Service (IRS) requires the Agency to obtain your correct taxpayer identification number (TIN) or social security number (SSN). The Agency is required by the IRS to obtain a completed W-9 form from anyone to whom a payment is made. This is necessary even though relocation payments are considered non-taxable. Please let your relocation specialist know if you have already completed the form. If you need advice on how to complete the form, please contact an IRS office, accountant, or legal consultant. LPA-510 Rev. 2/2022 2 Page 93 of 232 You must file all claims for relocation payments with the Agency within 18 months from the date you move from the acquired property or the date you receive final payment for your property, whichever is later. Documentation is required on all claims submitted. Occupancy of Property Occupancy of the property beyond the date that the Agency takes possession of the property will require you to sign a lease agreement with the City of Port Orchard and to purchase Rental Liability Insurance. Relocation Appeal Process Pursuant to the Uniform Relocation Act and Washington's Relocation Assistance regulations (42 U.S.C. 4601 et seq., Ch. 8.26 RCW, and WAC 468-100), the City of Port Orchard established a relocation assistance appeals policy via Resolution No. 055-16 (copy available at https://www.cityofportorchard.us/electronic-records-libraKy This policy establishes a uniform appeals procedure for the fair and equitable treatment of persons displaced as a result of a City capital improvement(s) project. Under the policy, any aggrieved parry may file a written appeal to the City stating that the appellant believes that the City has failed to properly determine the appellant's eligibility for, or the method of determination of, or the amount of, a relocation payment required or authorized by 49 CFR 2410, Chapter 8.26 RCW, and Chapter 468-100 WAC. Appeals must be received by the City Clerk, with a copy to the Public Works Director, no later than sixty (60) days from the date the appellant receives written notification of the City's determination on the appellant's claim for relocation. All appeals must be in writing, must clearly state the date, the name and address of the appellant, and the basis or reasons for the appeal, including what issues are being claimed, the reason(s) why the appellant believes the claim should be allowed, and how the appellant believe he or she is aggrieved. The appeal must clearly identify the City's project title and the parcel number of the real property involved and should bear the signature, address, and telephone number of the appellant or the appellant's authorized representative. Appeals shall be submitted to the City Clerk and Public Works Director at the following address: City Clerk Brandy Rinearson, MMC, CPRO City Clerk/Assistant to the Mayor .City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 LPA-510 Rev. 2/2022 3 Page 94 of 232 With a copy to: Mark R. Dorsey, P.E., Public Works Director City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 If a claimant fails to timely submit an appeal that conforms with the City's requirements, the City may refuse to schedule any informal review or formal hearing on an appeal until these requirements have been complied with. The City may permit the appellant to supplement the filing, but the appellant must do so within fourteen (14) days or the City may issue an order dismissing the appeal. For additional information regarding the process to appeal, appeal decisions and timeline, please refers to the relocation brochure provided to you with this notice or Resolution No. 055-16. As previously stated, the purpose of this letter is to provide specific information on the calculation and claiming of your relocation entitlements. Please sign on the line provided below to acknowledge receipt of this letter. Please feel free to contact your relocation specialist with any questions you may have. Sincerely, Paula Ferreira -Smith, RW-RAC Relocation Agent/Specialist Tierra Right of Way Services, Ltd. 8685 Martin Way E., #203, Lacey, WA 98516 206.363.1556 office 1800.887.0847 1 www.tierra-row•.com Acicnowled ent of Receipt of Notice of Eli 'bili Signature: ' r Williams Date: 2- Z Z Signature: , JL Date: Arlene Wi lialms LPA-510 Rev. 2/2022 Page 95 of 232 Back to Agenda rk ON City City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 8C Subject: Adoption of a Resolution Amending Resolution No. 042-20, Exhibit A - Procurement Policies and Procedures Meeting Date: Prepared by: Atty Routing No.: Atty Review Date April 12, 2022 Charlotte Archer City Attorney 366922-0005 — Clerk April 8, 2022 Summary: By Resolution No. 042-20, the City Council adopted Procurement Policies and Procedures, consistent with Washington law pertaining to procurement of goods and services by municipalities, including but not limited to Chapter 39.04 RCW (Public Works), and Chapter 39.80 (Contracts for Architectural and Engineering Services). Staff have been working on a comprehensive update to the City's Procurement Policies and Procedures, scheduled for submission to Council in 2022. However, due to an expedited need pertaining to the procurement of contracts for professional services (non -architectural and engineering), Staff has submitted a targeted amendment to allow greater flexibility for the procurement of these types of contracts. Under Washington law, there are no statutory requirements for the City's procurement of professional services that do not fall into the category of Architectural and Engineering (A/E) professional services. However, as a steward of public funds, the City utilizes a competitive process to ensure the City obtains the most highly qualified professional consultants at a reasonable price. Existing language in the City's procurement policies requires that staff utilize the process for Public Works bidding when procuring non- A/E professional services —as a result, staff must select the lowest price without consideration of qualifications or expertise. The proposed amendment strikes a balance by allowing staff to ensure that selection occurs based both on qualifications and price for non-A/E professional services. Relationship to Comprehensive Plan: N/A Recommendation: Staff recommends the adoption of a Resolution amending Resolution No. 042-20, the City's Procurement Policies and Procedures. Motion for Consideration: I move to adopt a resolution amending Resolution No. 042-20, Exhibit A, the City's Procurement Policies and Procedures. Fiscal Impact: None anticipated. Alternative: Reject and provide alternative guidance. Attachment: Resolution, Resolution No. 042-20, Exhibit A — Redlined amendments. Page 96 of 232 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING RESOLUTION NO. 042-20, EXHIBIT A, PROCUREMENT POLICIES AND PROCEDURES, PERTAINING TO PROCUREMENT OF NON -ARCHITECTURAL AND ENGINEERING PROFESSIONAL SERVICES. WHEREAS, Staff is currently undertaking a review and update to the City's Procurement Policies and Procedures, adopted by the City Council via Resolution No. 042-20, with proposed submission to Council to occur in 2022; and WHEREAS, Staff have identified an urgent need to seek an amendment to the policies pertaining to the procurement of non -Architectural and Engineering Professional Services, which are currently subject to the same procurement parameters as formal bidding for the procurement of public works; and WHEREAS, existing policy limits staff's ability to consider qualifications when procuring non -Architectural and Engineering Professional Services; and WHEREAS, the City Council finds it in the best interest of the City and its residents to amend the City's Procurement Policies and Procedures to allow staff to evaluate qualifications, while ensuring the responsible use of public funds; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The City Council amends Resolution No. 042-20, Exhibit A, to read, in part, as follows: "Request for Proposal (RFP)" means a process that requests interested firms to submit a statement of their proposal for completing a project. Proposals may be evaluated based upon the suitability, practicality, quality of the proposal and experience and cost, provided. price is usually not the sole evaluation factor (unless required by law). The RFP process provides for the negotiation of all terms, including price, prior to contract award, and may include a provision for the negotiation of best and final offers. "Request for Qualifications (RFQ)" means a process that requests interested firms to submit a statement of their qualifications for completing a project. Statements may be evaluated based upon the qualifications, suitability, practicality, quality of the proposal and experience and cost, provided price is usually not the sole evaluation factor (unless required by law). The RFQ process provides for the negotiation of all terms, including price, prior to contract award, and may include a provision for the negotiation of best and final offers. Page 97 of 232 Back to Agenda Resolution No. Page 2 of 2 Non-A/E Professional Services Personal services involve technical expertise provided by a consultant to accomplish a specific study or project task. These activities and products are mostly intellectual in nature, but exclude architecture and engineering services, which have their own requirements. For example, comprehensive plans, legal services, and management analyses. The City has contracted with the Municipal Research and Services Center (MRSC) to host the City's Consultant Rosters, and where applicable will adhere to the requirement of RCW 39.04.190. Local and State: Estimated cost of $150,000 and under may solicit statements of qualifications from consultants utilizing the MRSC consultant rosters (where feasible, from three qualified consultants), minimal competition, seek written quotes (where feasible, from three qualified consultants), RFP, RFQ, or formal competitive bidding. Estimated cost of over $150,000 may issue an RFP, RFQ, solicit statements of qualifications from consultants utilizing the MRSC consultant rosters (where feasible, from three qualified consultants), or use formal competitive bidding. Federal: Estimated cost of $150,000 and under may use RFP, RFQ, or small purchase procedures. Estimated cost over $150,000 may use RFP, RFQ, or Sealed/Formal Bids. THAT: The Resolution shall take full force and effect upon passage and signatures hereon. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 12th day of April 2022. ATTEST: Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 98 of 232 IOftIt � ,me + aanF_ j a C C1G..1 CITY OF PORT ORCHARD Back to Agenda Resolution No. 042-20 Exhibit A Procurement Policies & Procedures Page 99 of 232 Procurement Policies & Procedures Back to Agenda Table of Contents PURPOSEOF POLICV................................................................................................................................................4 DEFINITIONS.............................................................................................................................................................4-6 GENERALPROVISIONS...........................................................................................................................................6-7 BUDGET SUFFICIENCY FINANCING FEDERAL AND STATE FUNDS SIGNATURE AUTHORITY COST PROCUREMENT OF GOODS AND SERVICES........................................................................................................7-8 LOCAL BUSINESS SOLICITING SPECIFIC BRAND PURCHASING LIMITATIONS GENERAL PURCHASES PUBLIC WORKS PUBLIC WORKS PROJECTS AND PREVAILING WAGE LAWS ARCHITECTURAL, ENGINEERING, LANDSCAPE ARCHITECTURE, OR SURVEYING SERVICES (A&E) PERSONAL SERVICES PURCHASED SERVICES BIDPROCEDURES...................................................................................................................................................9-II WRITTEN QUOTES VENDOR LIST SMALL WORKS ROSTER SMALL WORKS BID PROCEDURE LIMITED PUBLIC WORKS PROCESS FORMAL COMPETITIVE BID PROCEDURES EXEMPTIONS TO COMPETITIVE BIDDING......................................................................................................... 11-13 SOLE SOURCE PURCHASES PURCHASES INVOLVING SPECIAL FACILITIES OR MARKET CONDITIONS PURCHASES IN THE EVENT OF AN EMERGENCY INTERLOCAL AGREEMENTS COOPERATIVE PURCHASING (PIGGYBACKING) US COMMUNITIES SHARED PURCHASING TELECOMMUNICATIONS SYSTEMS/SERVICES CHANGEORDERS...................................................................................................................................................... 13 PURCHASEORDERS.................................................................................................................................................. 14 CONFLICTS OF INTEREST..........................................................................................................................................14 City of Port Orchard PPa�?0� oojProcurement Policies & Procedures Back to Agenda EXHIBITS................................................................................................................................................................. 15-20 BUDGET ADJUSTMENT REQUEST WASHINGTON STATE PREVAILING WAGE LAW PURCHASE QUOTATION SHEET SOLE SOURCE VENDOR STATEMENT PURCHASES THROUGH INTERLOCAL AGREEMENT CHECKLIST CHANGE ORDER PURCHASE ORDER City of Port Orchard PPa�?0� oojProcurement Policies & Procedures Back to Agenda 1.0 Purpose of the Policy This Policy establishes guidelines for employees when purchasing goods, equipment, supplies and materials, public works projects, architecture, engineering, landscape architecture, surveying services, personal services, purchased services and contracting for services. The procedures set forth in this manual are designed to assure the citizens and elected officials that the City of Port Orchard is receiving maximum value for each tax and utility dollar expended and ensure fiscal responsibility in the procurement process, while assuring compliance with State, Federal, and City regulations and rules. This policy is dated March 31, 2017, and supersedes all purchasing directives. All references to the Revised Code of Washington (RCW), Federal Code, and/or City Ordinances, Resolutions, and personnel policies shall be incorporated as part of this policy including all future amendments. 2.0 Definitions "Architectural services" means services rendered by any person, other than a city employee, to perform activities within the scope of the professional practice of architecture (RCW 18.08), professional practice of engineering and land surveying (RCW 18.43), and/or professional practice of landscape architecture (-RCW 18.96). "Bid splitting" means breaking a public works project or purchase of equipment, materials, or supplies into units. The city may not break a public works project into units to avoid compliance with bidding statutes. RCW 35.23.352. "Change order" means the authority to change the scope of service, time, and/or the amount of a contract. "Contract" means a contract in writing for the execution of a fixed or determinable amount duly awarded after advertisement and competitive bid, or a contract awarded under the small works roster process in RCW 39.04.155. "Emergency" means unforeseen circumstances beyond the control of the municipality that either: (a) Present a real, immediate threat to the proper performance of essential functions; or (b) will likely result in material loss or damage to property, bodily injury, or loss of life if immediate action is not taken. RCW 39.04.280. "Formal competitive bid" is the process of advertising and receiving sealed written bids from prospective vendors. The lowest responsible bidder is selected and awarded the contract. This is for largest and most complex contracts and purchases that reach the defined amounts. "Informal competition" is the process of using the small public works roster or vendor list. This is for medium sized purchases and contracts up to a certain amount. "Interlocal agreement" is -an agreement in which the city exercises its governmental powers in a joint or cooperative undertaking with another public agency. "Landscape architecture," as defined in RCW 18.96.030, means the rendering of professional services in connection with consultations, investigations, reconnaissance, research, planning, design, construction document preparation, construction administration, or teaching supervision in connection with the development of land areas where, and to the extent that, the dominant purpose of such services is the preservation, enhancement, or determination of proper land uses, natural land features, ground cover and planting, naturalistic and aesthetic values, the settings and approaches to structures or other improvements, or natural drainage and erosion control. This practice includes the location, design, and arrangement of such tangible objects as pools, walls, steps, trellises, canopies, and such features as are incidental and necessary to the purposes in this chapter. Landscape architecture involves the design and arrangement of land forms and the development of outdoor space including, but not limited to, the design of public parks, trails, playgrounds, cemeteries, home and school grounds, and the development of industrial and recreational sites. City of Port Orchard Ppaap—d oo�� Procurement Policies & Procedures Back to Agenda "Minimal Competition" means there is no requirement to seek multiple quotes below the established threshold, and competitive bidding is not required. Price quotes may be obtained from vendors that are obtained using a variety of mediums such as phone, fax, e-mail, or writing. If the department seeks quotes, the results should be documented. This is typically used for small contracts and purchases to a certain amount. "Ordinary maintenance" is work not performed by contract and that is performed on a regularly scheduled basis (e.g. daily, weekly, seasonally, semiannually, but not less frequently than once per year), to service, check or replace items that are not broken; or work not performed by contract that is not regularly scheduled but is required to maintain the asset so that repair does not become necessary. "Personal Services" are services that involve technical expertise provided by a consultant to accomplish a specific study, project, task, or other work statement, not including architecture and engineering. Examples include Graphic Design, Advertising, Consulting, Attorneys and Real Estate Services. "Piggybacking" means the use of other governmental agencies' purchasing contracts without going out for a formal competitive bid, as the other agency has already done it. "Practice of architecture," as defined in RCW 18.08.320, means the rendering of services in connection with the art and science of building design for construction of any structure or grouping of structures and the use of space within and surrounding the structures or the design for construction of alterations or additions to the structures, including but not specifically limited to predesign services, schematic design, design development, preparation of construction contract documents, and administration of the construction contract. "Procurement Officer" is the public works employee designated as the purchasing agent for public works procurements. The officer ensures that the department secures the best products and services within the bid specifications consistent with City policy, federal regulations and state statute. "Professional engineer," as defined in RCW 18.43.020, means a person who, by reason of his or her special knowledge of the mathematical and physical sciences and the principles and methods of engineering analysis and design, acquired by professional education and practical experience, is qualified to practice engineering as defined in this section, as attested by his or her legal registration as a professional engineer. "Professional land surveyor," as defined in RCW 18.43.020, means a person who, by reason of his or her special knowledge of the mathematical and physical sciences and principles and practices of land surveying, which is acquired by professional education and practical experience, is qualified to practice land surveying and as attested to by his or her legal registration as a professional land surveyor. "Public work," as defined in RCW 39.04.010, means all work, construction, alteration, repair, or improvement other than ordinary maintenance executed at the cost of the city or which is by law a lien or charge on any city property. Public works projects include the related materials, supplies, and equipment to complete the project. "Purchased Service" is a service provided by vendors for routine, necessary, and continuing functions of a local agency, mostly related to physical work. "Purchase Order" is a document which authorizes the delivery of specified merchandise or the rendering of certain services and the marking of a charge for them. The City of Port Orchard is guaranteeing payment when a purchase order is provided to a vendor. "Purchasing Agent" as designated in Resolution No. 1086 means the City Clerk who is authorized to execute City of Port Orchardagog ootf22 Procurement Policies & Procedures Back to Agenda requests for performance bonds, vouchers involving disbursement of funds, routine purchase orders, and routine correspondence on behalf of the City. "Request for Proposal (RFP)" means a process that requests interested firms to submit a statement of their proposal for completing a project. Proposals are —may be evaluated based upon the suitability, practicality, quality of the proposal and experience and cost, provided- price is usually not the sole evaluation factor (unless required by law). The RFP process provides for the negotiation of all terms, including price, prior to contract award, and may include a provision for the negotiation of best and final offers. "Request for Qualifications (RFQ)" means a process that requests interested firms to submit a statement of their qualifications for completing a project. Statements may be evaluated based upon the qualifications, suitability, practicality, quality of the proposal and experience and cost, provided price is usually not the sole evaluation factor (unless required by law). The RFQ process provides for the negotiation of all terms, including price, prior to contract award, and may include a provision for the negotiation of best and final offers. "Small Works Roster" is a roster of qualified contractors who can bid for an eligible project below $300,000. RCW 39.04.155 establishes the requirements for small works roster contracts. "Sole Source Supplier" occurs when competition among potential vendors is not possible for a particular procurement. If a purchase is clearly and legitimately limited to a single supplier, sole source procurement is appropriate. These situations often arise when an agency has specific technological requirements. 3.0 General Provisions Budget Sufficiency Each Department Director must ensure that purchases are initiated only when the departmental budget is sufficient to cover the anticipated cost. Expenditures that exceed departmental appropriations require a budget amendment approved by City Council. Requests for budget amendments must be submitted in writing, see Exhibit 1, and shall be forwarded to the Mayor and City Treasurer prior to seeking approval from the City Council. Financing Consistent with Resolution No. 022-12 Finance Policies, the City may finance capital equipment, vehicles, land, or infrastructure improvements. Financing recommendations shall be the responsibility of the Finance Director. Financing instruments or structures require authorization consistent with City practices and procedures prior to entering into any such arrangement. Federal or State Funds Procurement involving the expenditure of state or federal funds or grants, shall be conducted in accordance with the Code of Federal Regulations (CFR) Title 2: Grants and Agreements §200.318. General procurement standards require that the City must use its own documented procurement procedures which reflect applicable State, local, and tribal laws and regulations, provided that the procurements conform to applicable Federal law and the standards outlined in §200.318. Breaking Down or Bid Splitting Purchases Prohibited Purchases shall not be broken into multiple projects or purchases to avoid limitation requirements of State bidding statutes or City policy. Signature Authority The Mayor or designee shall sign all contracts upon approval by the City Council, consistent with RCW 35A.12.100, City of Port Orchard Pag q?0� 0 Procurement Policies & Procedures Back to Agenda RCW 35A.12.190 and RCW 35A.11.020. Purchase Cost Purchase cost includes sales tax, finance charges, delivery charges, set-up and assembly fees, and any other related miscellaneous charges. 4.0 Procurement of Goods and Services Local Business Local businesses should be encouraged to submit bids on city procurements that are open to everybody. Consistent with RCW 39.30.040, the City may award a contract to a bidder submitting the lowest bid after such tax revenue has been considered. Soliciting a Specific Brand The City may advertise for bids by specifying a particular brand name item as long as the responsible official has exercised their judgement and determined that a certain brand name is of higher quality or is better suited to the City's needs. There is no requirement that bid specifications naming a particular brand also include a phrase such as "or an equal brand." Contracting and Purchasing Limitations 1. Purchases and contracts greater than $35,000, require Council authorization. 2. Purchase limitations apply to the cost of individual items or the sum of the same items purchased at the same time to fulfill a specific business need, which are not part of a public works project as defined by RCW 39.04.010. 3. Expenditures are required to be within budgeted authority. 4. Contracts or purchases exceeding $7,500 and are not consistent with the adopted budget require Council approval. 5. No provision prevents seeking Council approval for purchases falling within the limitations. Purchasing Purchasing refers to purchase of goods, equipment, materials, and supplies not connected with a public works project. Local and State: $7,500 and under, may use minimal competition process, informal competition process, or formal competitive bidding. $7,501- $15,000, may use informal competition process or formal competitive bidding. Over $15,000, must use formal competitive bidding. Federal: $3,500 and under, micro purchase procedures (not competitive, distributed equitably) $3,501 - $150,000, small purchase procedures (price or rate quotations) Over $150,000, Sealed/Formal Bids Public Works City of Port Orchard Ppaaiq?J o°1? Procurement Policies & Procedures Public Works projects include all work, construction, building, renovation, remodeling, e'+^ +;^^ ^^^ ^ ;—orovement, other than ordinary maintenance, of real property; as defined in RCW 39.04.155{1) Back to Agenda Local and State: Over $350,000, must use formal competitive bidding. $75,500 and over (single craft) or $116,155 and over (multiple craft), up to $350,000, may use a small public works roster, or formal competitive bidding. Under $75,500 (single craft) or $116,155 (multiple craft), may use the above methods or day labor, informal competition, or may obtain three telephonic, electronic or written quotations. Under $50,000, may use the above methods or limited public works process Under $10,000, may use the above methods or may obtain a single telephonic, electronic or written quotation. Federal: $150,000 and under, small purchase procedures (price or rate quotations) Over $150,000, Sealed/Formal Bids Public Works Projects and Prevailing Wage Laws Public works projects (" ...all work, construction, alteration, repair, or improvement other than ordinary maintenance executed at the cost of the city..."), including maintenance when performed by contract, are governed by Chapter 39.12 RCW Prevailing Wages on Public Works requirements, regardless of contract amount. It is the responsibility of the contracting employee to notify the vendor of prevailing wage requirements and obtain compliance documentation prior to awarding any public works contract. Public works contracts will only be awarded to contractors who document compliance with the Washington State Prevailing Wage Law. The department head or designee managing the project is responsible for collecting compliance documents. Failure to follow prevailing wage laws will result in delayed or denied payment to the vendor. The City cannot pay for public works projects that are in violation of prevailing wage laws. (See Exhibit 2.) Architectural, Engineering. Landscape Architecture. or Surveying Services (A/E) Services Professional architecture and engineering (A&E) services are services provide by any person, other than an employee of the City, that fall under the general statutory definitions as set forth in Section 2 "Definitions" of this policy. These services must follow the same qualifications -based selection (QBS) process outlined in RCW 39.80. The City has contracted with the Municipal Research and Services Center (MRSC) to host the City's Consultant Roster and will adhere to the requirement of RCW 39.04.190. Local and State: The City may solicit competitive bids and evaluate them based on qualifications, without regard to cost. Federal: Over $150,000, Competitive Proposals Non-A/E Pefse44a4rofessional Services Personal services involve technical expertise provided by a consultant to accomplish a specific study or project task. These activities and products are mostly intellectual in nature, but exclude architecture and engineering services, which have their own requirements. For example, comprehensive plans, legal services, and management analyses. The City has contracted with the Municipal Research and Services Center (MRSC) to host the City's Consultant Rosters and where applicable will adhere to the requirement of RCW 39.04.190. City of Port Orchard Paaiq?08 0°1? Procurement Policies & Procedures Local and State: Estimated cost of $150,000 and under, may use RFP, RFQ, minimal competition, Back to Agenda leally from three potential vendors), use MRSC consultant rosters, or formal competitive bidding, provided evaluation and selection may be based on aualifications.- Estimated cost of Oover $150,000; must may issue an RFP, solicit statements of qualifications from consultants utilizing the MRSC consultant rosters (a request shall be submitted to at least three qualified consultants), or use formal competitive bidding, provided evaluation and selection may be based on qualifications without regard to cost where permissible under RCW 35.23.352. use forma' ^ petitive biddi ^ Federal: Estaimted cost of $150,000 and under, RFP, RFQ, or small purchase procedures (price or rate q etatiGRG) Estimated cost of Oover $150,000, RFP, RFQ, or Sealed/Formal Bids Purchased Services Purchased services are those provided by vendors for routine, necessary, and continuing functions mostly relating to physical activities. These services are usually repetitive, routine, or mechanical in nature, support the City's day-to- day operations, involve the completion of specific tasks or projects, and involve minimal decision -making. For example delivery/courier service, herbicide application, recycling/disposal/litter pickup service, vehicle inspection, lubricating and repair services. Local and State: $25,000 and under, may use minimal competition, seek written quotes, use consultant roster, or formal competitive bidding. Over $25,000, must use formal competitive bidding Federal: $150,000 and under, may use small purchase procedures (price or rate quotations) Over $150,000, Sealed/Formal Bids 5.0 Bid Procedures Written Quotes Small contracts or purchases requiring written quotes must be documented on a quote sheet. Quote sheet is included as Exhibit 3. Vendor List RCW 39.04.190 allows the use of informal vendor lists. A vendor list is a directory, maintained by a local government agency, of vendors who are interested in selling equipment, materials, and supplies to the agency. The City may create multiple vendor lists for different types of products. When using the vendor list, the city should secure quotes from at least three of the vendors on the list, if possible, and award the contract to the lowest responsible bidder. The City has contracted with the Municipal Research and Services Center (MRSC) to host the City's Vendor Roster and will adhere to the requirement of RCW 39.04.190. Small Works Roster Local and State: RCW 39.04.155(1) provides uniform small works roster provisions to award contracts for construction, building, renovation, remodeling, alteration, repair, or improvement of real property. The Small Works Roster may be used for public work projects valued at $350,000 and below in lieu of formal bidding. Use of the Small Works Roster allows the City to avoid the advertisement requirements of the formal competitive process. All other bidding requirements are the same. City of Port Orchardagog ootf22 Procurement Policies & Procedures The City has contracted with the Municipal Research and Services Center (MRSC) to h--1 ';"'- c.. 11 0,iblic Works Roster and will adhere to the requirement of RCW 39.04.190. Back to Agenda Federal: If any federal funds are used to pay for all or a portion of the cost, the City must use the formal bidding process at the federal threshold of $150,000. 1. Invitations for Quotations. Invitations for quotations shall include an estimate of the scope and nature of the work to be performed as well as materials and equipment to be furnished. However, detailed plans and specifications need not be included in the invitation. These requirements do not eliminate other requirements for architectural or engineering approvals as to quality and compliance with building codes. 2. Number of contractors invited. Quotations may be invited from all appropriate contractors on the appropriate small works roster. As an alternative, quotations may be invited from at least five contractors on the appropriate small works roster who have indicated the capability of performing the kind of work being contracted, in a manner that will equitably distribute the opportunity among the contractors on the appropriate roster. However, if the estimated cost of the work is from one hundred fifty thousand dollars ($150,000) to three hundred thousand dollars ($350,000), a state agency or local government that chooses to solicit bids from less than all the appropriate contractors on the appropriate small works roster must also notify the remaining contractors on the appropriate small works roster that quotations on the work are being sought pursuant to RCW 39.04.155 (2)(c) 3. Vendors/contractors selected from the Small Works Roster are not relieved from observing applicable legal requirements such as those relating to Performance Bonds, Prevailing Wages, Labor and Material Bonding, etc. 4. Immediately after an award is made, the bid quotations obtained shall be recorded, open to public inspection, and available by telephone inquiry. 5. As required by RCW 39.04.200, every even numbered month, the City must post a list of contracts awarded from the small works roster over at least the previous two months. The list must contain the name of the contractor, the amount of the contract, a brief description of the type of work performed, and the date of the award. For limited public work projects may award a contract for work, construction, alteration, repair, or improvement projects with an estimated cost of $50,000 or less, the city may use the limited public works process described below in lieu of the small works process. 1. Invitations for Quotations. Invitations for quotations shall include an estimate of the scope and nature of the work to be performed as well as materials and equipment to be furnished. However, detailed plans and specifications need not be included in the invitation. These requirements do not eliminate other requirements for architectural or engineering approvals as to quality and compliance with building codes. 2. Number of contractors invited. Electronic or written quotations shall be solicited from a minimum of three contractors from the appropriate small works roster and the city shall award the contract to the lowest responsible bidder as defined under RCW 39.04.010. 3. Notification of Award. City of Port Orchard rPeg ?OA0 22 Procurement Policies & Procedures After an award is made, the quotations shall be open to public inspection and available by electronic request. The city shall maintain a list of the contractors contacted and the contracts awarc Back to Agenda 3 twenty- four months under the limited public works process, including the name of the contractor, the contractor's registration number, the amount of the contract, a brief description of the type of work performed, and the date the contract was awarded. 4. Vendors/contractors selected using the Limited Public Works Process are required to comply with prevailing wage and insurance requirements. Formal Competitive Bid Procedures 1. Publication of Notice. The requesting department director (or designee) will publish the Call for Bids in the official newspaper or a newspaper of general circulation most likely to bring responsive bids, at least thirteen days prior to the last date upon which bids will be received. 2. Notice Contents. Notice (or advertisement) for bids should contain definite specifications and procedures for bidders to use to estimate their bids. At a minimum, a bid notice for public works must include: • Project title; • Nature and scope of work; • Where contract documents (plans and specifications) can be reviewed or obtained; • Cost to obtain a set of contract documents; • Place, date, and time that bids are due; • Statement that a bid bond must accompany the bid; • Statement that the City retains the right to reject any and all bids and to waive minor irregularities in the bidding process; • Statement that the contract involves "public work," and that workers shall receive the prevailing rate of wage pursuant to the Prevailing Wages on Public Works Act (Chapter 39.12 RCW); • List of the applicable prevailing wage rates; and • Statement that the City is an equal opportunity employer and invites responsive bids from all qualified responsible bidders. In addition, providing evaluation criteria; minimum qualifications; date, time, and location of pre -bid conference (if applicable); name, address, and telephone number of the project contact; and number of required copies will help bidders prepare responsive submittals. 3. Acceptance of Bids. Bids are submitted to the City Clerk, where they are time and date stamped and held until bid opening. 4. Bid Opening. City Clerk on the day the bids are due, will open all sealed bids and read each bid out loud. 5. Report on Bids. The City Clerk, or designee, will prepare the Bid tab sheet and provide it to the responsible department director. The responsible department director will provide a recommendation on all bids received. 6. Bid Award. The City may select the qualified vendor whose proposal is most advantageous to the City, with price and other factors considered. City of Port Orchard Ppa yagol 0��2 Procurement Policies & Procedures 7. Rejection of Bids. The City reserves the right to reject any bid not in substantial compliance w Back to Agenda s, or all prescribed public bidding procedures and requirements, and may reject for good cause any or all bids upon a finding of the City that it is in the public interest to do so. The following shall apply to bid solicitations: • Selection of a winning offer is based primarily on lowest responsive bid. Quality and expertise, however, must also be a consideration. • To ensure consistency and fair process, the City will use standard forms, documents, contracts, and terms and conditions, when practical. The Public Works Department will maintain templates for bid -related documents for use by departments. • Minimum qualifications are stated to ensure respondents are reasonably qualified. Minimum qualifications cannot be used to eliminate qualified vendors. Minimum qualifications should be tested against the marketplace to ensure they aren't overly restrictive. • When practical, the City will conduct a pre -bid conference to allow a thorough discussion of the City's intent, scope, specifications, and terms. Interested companies should be encouraged to attend. 6.0 Exemptions to Competitive Bidding Section 39.04.280 RCW provides uniform exemptions to competitive bidding requirements utilized by municipalities when awarding contracts for public works and contracts for purchases. Competitive bidding requirements may be waived for: Sole Source Purchases Purchases that are clearly and leaitimately limited to a single source of supply (Sole Source Vendor): If, after conducting a good faith review of available resources, the requesting department director determines that there is only one source of the required materials, supplies, or equipment, a purchase contract may be awarded without complying with established bid requirements. The requesting department director must complete the Sole Source Vendor Statement form, attached as Exhibit 4, and must be filed with the contract. Purchases Involving special facilities or market conditions The Mayor may waive established bidding requirements if an opportunity arises to purchase favorably -priced equipment at an auction, or supplies or used goods that will be sold before the City can conduct the bid process. Purchases in the event of an emergency If an emergency situation has been declared, the Mayor may waive competitive bidding requirements and the City may award all necessary contracts to purchase goods, materials, or services to address the emergency situation. Purchase order(s) must be properly documented as pertaining to an emergency as soon as possible following the event. If a contract is awarded without competitive bidding due to a declared emergency, the City Council must adopt a resolution certifying the emergency situation existed no later than two weeks following the award of the contract. The City may make purchases using another local, state, or federal agency's purchasing contract, a process known as "piggybacking". The host entity and the City of Port Orchard must follow the statutory contracting requirements and post solicitations online, as outlined in RCW 39.34. In addition, City staff should use the Purchases through Interlocal Agreements checklist, attached as Exhibit 5. Telecommunication Systems/Services The City may acquire electronic data processing or telecommunication equipment, software, or services through competitive negotiation rather than through competitive bidding as outlined in RCW 39.04.270. City of Port Orchard &g ?,a2o��2 Procurement Policies & Procedures 7.0 Change Orders Back to Agenda Upon recommendation of the department director, and demonstration that a Change Order is necessary and reasonable, the department director is authorized to approve any and all Change Orders that do not exceed 10% of either the legally authorized budget limit for the applicable project or either the contract amount established by the City Council, with a maximum approval amount of $50,000. The Mayor is authorized to approve any and all Change Orders that do not exceed either 10% of the legally authorized budget limit for the applicable project or either the contract amount established by the City Council, with a maximum approval amount of $100,000. A completed Change Order form, attached as Exhibit 6, must be filed with the contract. Change Orders in Excess of City Council Authorized Budget Appropriations. Upon recommendation of the department director, and demonstration that a Change Order is necessary, the responsible department director shall submit to the City Council a Change Order Request to include the amount of requested funds and a written justification describing why the additional funds are necessary and the benefits to be derived. A request for budget amendment shall accompany the Change Order. If the City Council approves the Change Order Request, the responsible department director shall take the necessary actions to enact the Change Order and complete the work in an expeditious manner in accordance with the City Council's direction. If the City Council denies the Change Order Request, the responsible department director shall report back to the Mayor and City Council with options as to how to accomplish the project/contract within the funds allocated. Consistent with RCW 39.04.280, in the event of an emergency or the need to take immediate or expeditious action necessary to protect or maintain the public health, safety, or welfare; or to prevent damage to public or private property, and with approval of the Mayor, department directors are authorized to enact Change Orders in excess of the legally authorized expenditure level. The responsible department director shall timely report such actions to the City Council. 8.0 Purchase Orders The City Clerk is authorized to execute requests for routine purchase orders as stated in Resolution No. 1086. Routine purchase orders are used to detail the terms of the purchase, including the items purchased, the price, delivery date, and terms of payment. Purchase Orders are available to vendors and suppliers when there is an agreement to deliver purchased items prior to payment, with the purchase order serving as a guarantee of future payment. Once a purchase order is generated, an in -progress purchase is created. The order remains in progress until the ordered items have been delivered and paid. Attached as Exhibit 7. 9.0 Conflicts of Interest City officers, employees, and agents may not participate in the selection, award, or administration of a contract if they have a real or apparent conflict of interest. This provision encompasses procurement expending federal, state, or local funds. Such officers, employees, and agents may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, subcontractors or other parties consistent with Chapter 42.52 RCW Ethics in Public Service. Unsolicited items of nominal value are restricted to the provisions of RCW 42.52.150. City of Port Orchard Page 13 of 22 Procurement Policies & Procedures Page 111 of 232 Employees violating these provisions are subject to disciplinary action commensurate Niifh fhc coxforif" of fho violation, ranging from a letter of reprimand to termination of employment. Disciplinary actions Back to Agenda Improper Governmental Action Policy Chapter 11 City of Port Orchard Personnel Policies consistent with applicable Federal law and the standards outlined in the Code of Federal Regulations Title 2; Grants and Agreements §200.318; and applicable state statutes. City of Port Orchard Page 14 of 22 Procurement Policies & Procedures Page 112 of 232 EXHIBITS Back to Agenda Budget Adjustment Reauest Exhibit 1 CITY OF PORT ORCHARD CURRENT VEAR BUDGET ADJUSTMENT REQUEST To: City Treasurer Date: Please transfer the following revenues and/or appropriations: Decrease from Increase to category acct. number amount category acct. number amount Reason: Requested By: (Department Director) 1. To: City Treasurer Comments: ---------------------------------------------------------------------------- Approved Not Approved Signature 2. To: Mayor Comments: Approved 3. To: Finance Department Adjustment Recorded: AJ#_ Prepared By: Not Approved Signature Date: Date: _ Date: _ Approved By: City of Port Orchard Page 15 of 22 Procurement Policies & Procedures Page 113 of 232 Back to Agenda Exhibit 2 Washington State Prevailing Wage Law CITY OF PORT ORCHARD WASHINGTON STATE PREVAILING WAGE LAW The Prevailing Wages on Public Works Act (Chapter 39.12 RCW) requires that employees of government contractors be paid prevailing wages for all public work. Agencies awarding public works contracts include state agencies, counties, municipalities and all political subdivisions of the state. All public agencies, contractors performing public work, and construction workers on public works construction should be aware of their rights and legal responsibilities. Failing to comply with the provisions of Chapter 39.12 RCW may subject contractors and/or public agencies to liability for all unpaid prevailing wages and penalties. The Department of Labor and Industries (L&I) administers the prevailing wage law. The Office of the Attorney General provides legal counsel to L&I and prosecutes violators. The State Auditor's Office ascertains if a public agency's policies, procedures and practices meet the requirements of the law. Do not rely on this plain language description without reading the laws and regulations. The informal discussions below are meant to be helpful when read in conjunction with the laws and WAC rules. They are not meant to be a substitute for reading and understanding the laws. After reading the laws and regulations, please do not hesitate to contact the Prevailing Wage Office with any questions you may have. The Prevailing Wages on Public Works Act Enacted in 1945, the Washington State Public Works Act, also known as the "prevailing wage law", is a worker protection act. It requires that workers be paid prevailing wages when employed on public works projects, and on public building service maintenance contracts. (RCW 39.04.010, RCW 39.12.010, and RCW 39.12.020) The Public Works Act is modeled after the federal Davis -Bacon Act, which was enacted to protect the employees of contractors performing public works construction from substandard earnings, and to preserve local wage standards. The Public Works Act regulates wages paid to workers, laborers and mechanics performing public work. It does not apply to work that is clerical, executive, administrative or professional in nature. For example, the Act does not apply to the work of a secretary, engineer or administrator, unless they are performing construction work, alteration work, repair work, etc. Prevailing Wage application depends on the work that is performed, regardless of the worker's job title. Any doubts or questions regarding the applicability of the prevailing wage law should be directed to the Prevailing Wage Office. (RCW 39.12.020 and WAC 296-128-510 through 530) What Is Public Work? Public work is all work, construction, alteration, repair or improvement that is executed at the cost of the state or any other local public agency. This includes, but is not limited to, demolition, remodeling, renovation, road construction, building construction, ferry construction and utilities construction. (RCW 39.04.010) What Is Prevailina Waae? Prevailing Wage is defined as the hourly wage, usual benefits and overtime, paid in the largest city in each county, to the majority of workers, laborers, and mechanics. Prevailing wages are established, by the Department of Labor and Industries, for each trade and occupation employed in the performance of public work. They are established separately for each county, and are reflective of local wage conditions. City of Port Orchard Page 16 of 22 Procurement Policies & Procedures Page 114 of 232 Back to Agenda Awarding Agencies' Responsibilities 1. Contracts for Public Work: Employers are not responsible for making the legal determination of whether a contract does or does not meet the definition of a "public works" contract. Public agencies, in awarding a contract, must make the determination of whether that contract involves "public work" and communicate it to the employers in the bid specifications and contracts. The law does not allow public agencies to place this burden upon the employer. For example, it is insufficient to state, "Contractors shall comply with the prevailing wage law, if applicable". Agencies should seek the advice of legal counsel regarding when a contract is for public work. Before acting on advice that a contract is not for public work, agencies should contact the Prevailing Wage Office for a determination of the applicability of the statute. (RCW 39.04.010, RCW 39.12.030, RCW 39.12.040, and RCW 39.12.042) 2. Prevailing Wage Provisions: Awarding agencies must stipulate in bid specifications and contracts for public work that workers shall receive the prevailing rate of wage. Those documents must also contain a list of the applicable prevailing wage rates. Compliance with the law is not met by referring contractors to the department or other sources to obtain wage rate information. RCW 39.12.030 3. Public Building Service Maintenance Contracts: Public building service maintenance (janitorial) contracts of more than one year duration must include wage language recognizing the potential for future variance in applicable prevailing wages each year after the first year of the contract. RCW 39.12.020 and WAC 296-127-023 4. Disbursal of Public Funds: Agencies may not make any payments where employers have not submitted an Intent form that has been approved by the Industrial Statistician. Agencies may not release retainage until all employers have submitted an Affidavit form that has been certified by the Industrial Statistician. The requirement to submit these forms should also be stated in the contract. RCW 39.12.030, RCW 39.12.040 and RCW 39.12.042 5. Turnkey Projects (lessee/lessor relationships between public and private parties): Prevailing wages must be paid for any work, construction, alteration, repair or improvement, other than ordinary maintenance, that the state or a municipality causes to be performed by a private party through a contract to rent, lease, or purchase at least fifty percent of the project by one or more state agencies or municipalities. RCW 39.04.260. It is the responsibility of the awarding agency to make an accurate determination as to whether the entire project falls within RCW 39.04.260 prior to entering into a lease relationship for space in a privately owned building. The determination is based on whether the awarding agency is causing the work to be performed and when at least fifty percent of the leased space is going to be occupied by one or more public agencies. If RCW 39.04.260 applies, all work performed in conjunction with the project is covered, not just the tenant improvements, and the project is subject to all provisions of RCW 39.12. Should the awarding agency fail to comply with all the provisions of RCW 39.04.260 and RCW 39.12.040, the awarding agency can be held responsible for any unpaid prevailing wages. 6. Contract Administration: Though not legally required, the following activities are recommended to ensure compliance with the Public Works Act. a. Job site inspections should be performed on a routine or periodic basis to verify compliance. These inspections should include checking to see that a copy of the Intent is posted at the job site. Workers should be randomly interviewed to verify that prevailing wages are received. Apprentice workers should be asked to show their registration cards. b. References should be checked when the agency is empowered to select the lowest responsible bidder. The department can advise an agency regarding an employer's history of wage claims. Check the Contractor Debarment List to find out if a contractor is debarred from bidding on public works projects. c. Verify Contractor Registration Status and Verify Workers' Compensation Premium Status. Find out whether a contractor or other employer has an industrial insurance (workers' compensation) account with L&I and that their premiums are up to date. City of Port Orchard Page 17 of 22 Procurement Policies & Procedures Page 115 of 232 Exhibit Back to Agenda Purchase Quotation Sheet CITY OF PORT ORCHARD PURCHASE QUOTATION SHEET Purchases of $7,500 or more require three (3) quotations which will become a part ofthe purchase request. Purchase Order Number: Quote Required By: (Date) (Time) Name of Person Requesting Commodity: Buyer: Required Delivery Date: Ship to Address: City State: Zip Code: ITE M NO. QTY UNIT SPECIFICATIONS BIDDER 1 BIDDER2 BIDDER3 Company Company: Company: Contact: State: Contact: State: Contact: State: Telephone Number: Telephone Number: Telephone Number: Fax Number: Fax Number: Fax Number: Quote Date Quote Date Quote Date: PRODUCT QUOTED Unit Price Total Price PRODUCT QUOTED Unit Price Total Price PRODUCT QUOTED Unit Price Total Price Total Price Total Price Total Price City of Port Orchard Page 18 of 22 Procurement Policies & Procedures Page 116 of 232 Back to Agenda Exhibit4 Sole Source Vendor Statement CITY OF PORT ORCHARD SOLE SOURCE VENDOR STATEMENT Date: To: City Clerk's Office to file with contract From: Fill - in department name and name of person signing this form To Whom It May Concern: This form justifies the proposed sole source purchase described below. In accordance with State of Washington regulations (RCW 39.04.280), City of Port Orchard must procure material, equipment, supplies and services by competitive means when the purchase is in excess of $7,500. However, in unusual circumstances the competitive process may be waived and sole source purchasing approved, provided the requesting party can adequately justify its use. Sole source purchases are defined as clearly and legitimately limited to a single supplier. Sole source purchases are normally not allowed except when based upon strong technological grounds such as operational compatibility with existing equipment and related parts or upon a clearly unique and cost effective feature requirement. The use of sole source purchases shall be limited only to those specific instances which are totally justified to satisfy compatibility or technical performance needs. If one of the reasons 1 through 3 below applies to this purchase, you need only to check the applicable reason and describe item being purchased below. If reason 4 apply, please provide the item description and explanation below. 1. 2. 3. 4. Licensed, copyrighted, or patented products or services that only one vendor provides. New equipment or products that must be compatible with existing equipment or products. Proprietary or custom-built software or information systems that only one vendor provides. Products or services where only one vendor meets the required certifications or satutaory requirements. Item Description: If explanations 4 is used, please provide an explanation below. Explain why the identified vendor is recommended: Signed Department Director or Designee City of Port Orchard Page 19 of 22 Procurement Policies & Procedures Page 117 of 232 Back to Agenda _xhibit S Purchases throuah Interlocal Aa'reements CITY OF PORT ORCHARD PURCHASES THROUGH INTERLOCAL AGREEMENTS City Contract No.: Interlocal Agreement with (government agency or Purchasing Co -Op name): Item Description: _ Do you have an Interlocal agreement signed with the Contract (host) Agency? D If yes, where is it filed: D If no, get a mutually signed Agreement in place before you continue. State OSP Contract No.#: If you have an Office of State Procuement (OSP) contract number you may skip the remainder of this test because the OSP contracts comply with remaining requirements and retain the documentation on hand for SAO to review in the OSP offices. Is this a technology contract? D If yes, do your own rules allow for technology contracts to be negotiated? D If your own rules allow for negotiated IT contracts, you can skip this test. Is this a services contract? D If yes, do your own rules allow services to be negotiated? D If your own rules allow for negotiated services, you can skip the remainder of the test. Are you using this as only one of multiple quotes, for a small purchase? D If yes, you can skip the remainder of the test. Your purchase will not mandate the sealed bid rules. Chmkl*t f4w Niq.mredC ompriance Does the host agency have a requirement ❑ Yes ❑No Federal and State contract rules usually don't to run a newspaper ad in their local paper require a newspaper ad. For others, attach the and did they comply ad or place into the file Did they list on a website? If so, state ❑ Yes ❑No Always required. Indicate date, address and/or when and the address. Attach proof if attach or place into the file. possible. Did the bid & award comply with the ❑ Yes ❑No If No, you cannot use the bid. Host agency's codes and statutes? Did bid contain any preference that is ❑ yes ❑ No If Yes, you cannot use the bid. illegal in your statutes such as WMBE points? City of Port Orchard Page 20 of 22 Procurement Policies & Procedures Page 118 of 232 Back to Agenda Exhibit Change Order Form CITY OF PORT ORCHARD Authorization for Change Order No. _ Date: Contractor: Project: Contract / Job Brief Description of Change Order work: Contract History Sales Amount Date Appvd by Tax Total Original Contract ChangOrder 1 Total Contract $0.00 I have reviewed the Change Order information above and certify that to the best of my knowledge descriptions and costs are true and accurate. Contractor Approval Signature Printed Name & Title Change Orders that do not exceed 10% or a maxium of $50,000 can be approved by the Public Works Director. Change Orders that do not exceed 10% or a maxium of $100,000 are to be approved by the Mayor Public Works Director/City Engineer Printed Name Change Orders over $100,000 or exceed a total of 10% require Council action. City of Port Orchard Page 21 of 22 Procurement Policies & Procedures Page 119 of 232 Back to Agenda Approved: Mayor Attest: City Clerk Council Approval Date City of Port Orchard Page 22 of 22 Procurement Policies & Procedures Page 120 of 232 Back to Agenda Exhibit 7 purchase Order Form CITY OF PORT ORCHARD PURCHASE ORDER P.O. No. Date: Bill To: Attn: Accounts Payable Ship To: City of Port Orchard City Of Port Orchard 216 216 Prospect Street Prospect Street Port Orchard, WA 98366 Port Orchard, WA 98366 A"fhnri7nrl Ainnnfiirn Ordered By: ........_ .....�.._.... City Clerk or Authorized Representative Signature 4ty Description Unit Price Total S u btota I A--------------- , :fax (9%) THIS ORDER IS A CONFIRMATION: Est Freight JHIS ORDER IS NOT A CONFIRMATION: !Shipping CCOUNT CODE: Bal Due City of Port Orchard Page 23 of 22 Procurement Policies & Procedures Page 121 of 232 Agenda Item No.: Subject: City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Business Item 8D Approval of Amendment No. 6 to Contract No. 066-20 with Rice Fergus Miller, Inc. for the Design Development and Construction Drawings of the Port Orchard Community Events Center Back to Agenda Meeting Date: April 12, 2022 Prepared by: Nicholas Bond, AICP DCD Director Atty Routing No.: Development -Matter 11 Atty Review Date: April 7, 2022 Summary: The City, in partnership with the Kitsap Public Facilities District (KPFD), is in the design process for a Community Event Center. The City and KPFD executed an Agreement to identify this 8-phase Project (C082- 19), and to memorialize KPFD's committed funding. Following a qualifications -based selection process consistent with Chapter 39.80 RCW and the City's Procurement Policies, on July 29, 2020, the City executed a Professional Services Contract Agreement with the selected firm, Rice Fergus Miller, Inc., for the Project ("Underlying Agreement"). The City and Consultant executed Amendment Nos. 1 through 5 to the Underlying Agreement during 2021 and early 2022. To date, the City and Consultant have completed three of the 8- phases for this Project. The proposed contract amendment before the City Council would complete tasks 4 and 5 as referenced in the Contract between the City and KPFD. Tasks 4 and 5 are described in the agreement between the city and KPFD as follows: Task 4: Prepare 60% Design Development, Cost Estimates, and Shoreline Permit Submittal. $600,000 Task 5: Shoreline Permits, 100% Ad -ready Construction Documents (PS&E), and Complete Applications for Development. $500,000. Rice Fergus Miller has provided a scope of work to be approved as Amendment #6 to Contract C066-20 totaling $1,389,500. This scope will complete tasks 4 and 5 under the Contract with KPFD, but exceeds the awarded grant amount by $289,500. KPFD has verbally agreed to provide the additional $289,500 needed to complete these two tasks. Amendment #3 to Contract C082-19 is being drawn up to provide this additional funding. Due to the time and effort involved in these tasks, the City has brought forward the contract with Rice Fergus Miller to resume work on the Community Event Center without delay. Amendment #3 will go to the KPFD board for approval on April 25, 2022 and will be brought forward for approval by the City Council on either April 26 or May 10, 2022. The original contract amount for C066-20 was $400,000. Previous Contract Amendments to C066-20 are as follows: Amendment #1: Frontage Improvement/CEC Plaza Concept Planning - $210,943.00 Amendment #2: Materials Testing - $2,672.00 Page 122 of 232 Back to Agenda Item 8D Page 2 of 2 Amendment #3: Frontage and Access Improvements, Additional Cost - $109,153.28 Amendment #4: Borings and materials testing - $12,200.00 Amendment #5: Contract Term Extension - $0.00 Relationship to Comprehensive Plan: This contract will provide plans and permits for a project identified in the City's Comprehensive Plan, Parks Plan, and Downtown Subarea Plan. Recommendation: Staff recommends authorizing the Mayor to execute Amendment No. 6 to Contract No. C066-20 with Rice Fergus Miller, Inc. for the South Kitsap Community Event Center Project in an amount of $1,389,500. Motion for consideration: I move to authorize the Mayor to execute Amendment No. 6 to Contract No. 066-20 with Rice Fergus Miller, Inc. for the South Kitsap Community Event Center Project in an amount of $1,389,500. Fiscal Impact: This contract is currently partly grant funded. A forthcoming amendment to Contract C082-19 will result in this project being fully grant funded. Alternatives: Revise the Scope of Work. Attachments: Amendment #2 to C082-19, Contract C066-20, Amendment #6 to C066-20, COPO Amendment Authorization. Page 123 of 232 1!ack to Agenda Amendment No. 6 to Contract No. C066-20 CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT WITH RICE FERGUS MILLER, INC. THIS AMENDMENT to Contract No. C066-20 ("Amendment") is made effective as of the 12th day of April, 2022, by and between the City of Port Orchard ("City), a municipal corporation, organized under the laws of the State of Washington, and Rice Fergus Miller, Inc., a corporation organized under the laws of the State of Washington, located and doing business at 275 51}i St. Bremerton, WA 98337 ("Consultant"). WHEREAS, on July 29, 2020, the City executed a Professional Services Agreement with Consultant for the South Kitsap Community Event Center Project (the "Project") ("Underlying Agreement"); and WHEREAS, on July 27, 2021, the City and Consultant executed Amendment No. I to the Underlying Agreement, increasing the contract amount and adding additional scope of work (work within the scope of the initial Request for Qualifications); and WHEREAS, on September 17, 2021, the City and Consultant executed Amendment No. 2 to the Underlying Agreement, adding additional scope of work (work within the scope of the initial Request for Qualifications); and WHEREAS, on October 12, 2021, the City and Consultant executed Amendment No. 3 to the Underlying Agreement, increasing the contract amount and adding additional scope of work (work within the scope of the initial Request for Qualifications); and WHEREAS, on January 25, 2022, the City and Consultant executed Amendment No. 4 to the Underlying Agreement, increasing the contract amount and adding additional scope of work due to unforeseen on -site conditions; and WHEREAS, on March 21, 2022, the City and Consultant executed Amendment No. 5 to the Underlying Agreement, extending the contract term to accommodate the scope of work; and WHEREAS, the City received funding from the Kitsap Public Facilities District ("KPFD") via an Agreement between the City and the PFD (C082-19) for this 8-phase Project, which will result in a Community Event Center; and WHEREAS, the Consultant was selected as the most qualified firm to perform all phases of the Project, and to date the Consultant and City and have completed phases 1-3 as set out in C082-19; and WHEREAS, the Consultant and the City have conferred and have negotiated a scope and fee for tasks 4 and 5 of C082-19; and WHEREAS, the parties wish to memorialize their agreement to so amend the Underlying Agreement; NOW, THEREFORE, In consideration of the mutual benefits accruing, it is agreed by and between the parties thereto as follows: Page 124 of 232 1. The Underlying Agreement, including previous Amendments Nos. 1-5, is amended as follows (amendment shown in legislative marks): a. The Scope of Work and total contract cost are amended as set out on Attachment 1 hereto (Amendment #6 Request). The new total contract cost shall not exceed $2,124,468.28. b. The contract term is extended to a new termination date of December 31, 2024, unless extended or earlier terminated in accordance with the terms of the Underlying Agreement. 2. In all other respects, the Underlying Agreement between the parties shall remain in full force and effect, amended as set forth herein, but only as set forth herein. IN WITNESS WHEREOF, the parties have executed this Amendment on the day and year set forth above. CITY OF PORT ORCHARD, CONSULTANT WASHINGTON Robert Putaansuu, Mayor ATTEST/AUTHENTICATED: Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: Charlotte A. Archer, City Attorney Signature Printed Name and Title Page 125 of 232 RIC§CeYgusmILLER 275 Fifth St. Suite 100 Bremerton, WA 98337 ARCHITECTURE INTERIORS PLANNING VIZLAB 360-377-8773 rfmarch.com March 23, 2022 Nick Bond Development Director City of Port Orchard 216 Prospect St Port Orchard, WA 98366 Re: South Kitsap Community Events Center Amendment 06 Request ILA Task 4 Design Development & Task 5 Construction Documents Plus Seawall Assessment RFM Project: 2020002.00 Dear Nick, Rice Fergus Miller (RFM) is pleased to present the following Letter of Proposal to amend our contract for the above referenced project based on Tasks 4 & 5 of the Regional Center Interlocal Agreement (ILA) between Kitsap Public Facilities District (KPFD) and the City of Port Orchard (PO) executed on September 15, 2021, for the South Kitsap Community Events Center (SKCEC) project. I. Project Description This is a continuation of our Phase 1 work that started with conceptual design in 2020 and schematic design in 2021; except, existing seawall evaluation previously excluded from Phase 1 will now be added to this scope of work. The following scope of services describe the next phases of our work. II. Scope of Services Phase 2: Our work is based on the referenced ILA Exhibit A Task 4 which includes: • Design Development Documents • SEPA Checklist • Traffic Impact and Parking Analysis • Application for Shoreline Substantial Development Permit (SSDP) • Cost Estimates based on Design Development drawings • Assist in estimating operations and maintenance costs • Assessment of existing seawall directly adjacent to the CEC site for structural capacity and remaining service life (see the attached map) Phase 3: Our work is based on the referenced ILA Exhibit A Task 5 which includes: • Shoreline Substantial Development Permit (SSDP) application and submittals. • 100% Ad Ready Construction Documents Page 126 of 232 Back to Agenda South Kitsap Community Events Center ILA Task 4 Design Development & ILA Task 5 Construction Documents Proposal March 23, 2022 • Application for building permits, land disturbing activity permits (LDAP), and stormwater drainage permits (SDP). • Prepare plans and permit application submittals for any off -site improvements only as required under SEPA, SSDP or as conditions of other permit approvals specific to SKCEC. ILA Exclusions: The following items noted in the ILA are excluded from our scope per City of Port Orchard direction: • Schematic Design thru Construction Documents Phase for: o Shoreline mitigation o Over -water structures • Geotechnical Engineering for over -water structures • Ecological Reports for critical areas, including: o Wetland Delineation and Report o Habitat/Shoreline Mitigation Report o Biological Assessment • Application for Shoreline Substantial Development Permit (SSDP) specific to shoreline mitigation and over -water structure • Prepare and file Joint Aquatic Resource Permit Application (DARPA) • Other permit applications and submittals related to shoreline mitigation and/or overwater structure(s) The following disciplines are included in this scope of work to provide the deliverables listed above: • Civil Engineer • Landscape Architect • Transportation Engineer • Structural Engineer • Mechanical, Electrical and Plumbing Engineers • Interior Designer • Food Service Designer III. Exclusions and Additional Services • Acoustical Consultant • Building Envelope Consultant • Cost Estimator • Hospitality Consultant • Promotions & Social Media Consultant • Audio/Video Consultant • Signage Consultant In addition to the ILA Exclusions noted above, the following services, though they could be provided by RFM and consultants, are excluded from our Scope of Basic Services and, if requested, will be billed as Additional Services. • Bidding through Construction Administration Phase • Off -site work beyond the attached site delineation map specific to SKCEC E Page 127 of 232 Back to Agenda South Kitsap Community Events Center ILA Task 4 Design Development & ILA Task 5 Construction Documents Proposal March 23, 2022 • Additional design and engineering consultants not listed, including but not limited to: o Furniture's, Fixtures, & Equipment (FFE) Design and Specifications, Procurement and Installation o LEED or other sustainability or green building certification • Marketing Materials and Photography • Design requirements, submittals and permits related to any Federal Funding Grants IV. Owner Responsibilities It is our understanding that City of Port Orchard will provide full information, including a program, setting forth its design objectives, constraints, and criteria; any available dimensioned drawings describing all existing improvements including existing buildings and structures; assistance in scheduling and accessing the existing seawall for assessment including structure beneath the existing Kitsap Bank building on site; and, the services of other consultants not included here when such services are deemed to be necessary. V. Schedule The ILA estimates 9 to 12 months for Task 4 (RFM Phase 2) and 6 to 12 months for Task 5 (RFM Phase 3). Seawall assessment will occur simultaneously with Task 4 (RFM Phase 2). We propose to start this work around April 2022, as soon as our contract is approved. We will develop the detailed milestones of the project schedule during the design process. VI. Compensation For the Scope of Services outlined above, compensation shall be a Fixed Fee as described below: Phase 2 - Design Development Phase $619,500 Phase 3 - Construction Documents Phase $770,000 TOTAL $1,389,500 Plus, reimbursable expenses and any applicable taxes. Consultant fees include RFM standard markup of 12%. Additional Services, when requested, will be billed on an hourly basis at our standard hourly rates, as listed in the attached Hourly Billing Rates or as agreed to prior to commencement of the Additional Services. VII. Terms of Agreement Please provide an amendment to our South Kitsap Community Events Center contract upon accepting this proposal. Vill. Summary Thank you for the opportunity to propose on your project. We look forward to discussing our proposal further and working with you. Please contact me if you have any questions. I• Page 128 of 232 Back to Agenda South Kitsap Community Events Center ILA Task 4 Design Development & ILA Task 5 Construction Documents Proposal March 23, 2022 Sincerely, Rice Fergus Miller, Inc. Dean Kelly, Pr cip Architect Attachment: Site Cost Delineation Map Hourly Billing Rates Page 129 of 232 Back to Agenda I03/23/22: EXTENTS OF EXISTING I SEAWALL ASSESSMENT (CIVIL AND LANDSCAPE TO COORDINATE FINAL I ROUTING OF THIS PEDESTRIAN PATHWAY CEC SITE SURFACE IMPROVEMENT COST DELINEATION: WEST BOUNDARY: INCLUDE PEDESTRIAN PATH SOUTH BOUNDARY: ENTIRE PORT ST ROW TO 7—ELEVEN BLDG EAST BOUNDARY: INCLUDE SIDEWALK AND CURB ALONG BAY ST. NORTHEAST BOUNDARY: CENTERLINE OF ORCHARD ST NORTH BOUNDARY: PROPERTY LINE ... _ CEC SITE GRADE ELEVATION TO 16.5 FT ;:...�LLQ.`.......LL....LL. _--::- —� — ... = ::::`_ BUILDING FINISHED FLOOR SHALL BE _::...r..........-.'.'.-.-.'.'....:. ...........� ...' ' : :. ..:.....LL. CALCULATED TO THE SITE PROPERTY LINE ,. J'.'.'.'. y p .. / S \. e� r [ 1 '. .. I :............. — LL.:.:. \' DECK ABOVE, -,.•-•- LL^DECK ABDVE, �_•{•, ��_ 1• b-71 0 SKCEC SITE COST ESTIMATE DELINEATION REVISED 03.23.2022 Page 130 of 232 Back to Agenda RIC eYgusmILLER ARCHITECTURE INTERIORS PLANNING VIZLAB 275 Fifth Street, Suite 100 Bremerton, WA 98337 Phone: (360) 377-8773 rfmarch.com 2022 Hourly Billing Rates Date of Proposal: January 25, 2022 Project: SKCEC Amendment 05 - Seawall Assessment Project No.: 2020002.00 The hourly billing rates shall be annually adjusted in accordance with normal salary review practices of Rice Fergus Miller. Principal in Charge: Senior Planner: Project Manager: Project Architect: Staff Architect: Project Designer: Staff Designer: Interior Designer: Technical Designer: Production Support: Graphics Visualization: Project Coordinator: Administrative Support Staff: $ 190.00 - $ 275.00 $ 175.00 - $ 275.00 $ 130.00 - $ 190.00 $ 120.00 - $ 190.00 $ 125.00 - $ 160.00 $ 115.00 - $ 190.00 $ 115.00 - $ 155.00 $ 100.00 - $ 170.00 $ 95.00 - $ 155.00 $ 85.00 - $ 155.00 $ 120.00 - $ 140.00 $ 140.00 $ 90.00 - $ 140.00 Page 131 of 232 CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT THIS Agreement is made effective as of the 29th day of July 2020, by and between the City of Port Orchard, a municipal corporation, organized under the laws of the State of Washington, whose address is: CITY OF PORT ORCHARD, WASHINGTON (hereinafter the "CITY") 216 Prospect Street Port Orchard, Washington 98366 Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029 and Rice Fergus Miller, Inc., a corporation, organized under the laws of the State of Washington, doing business at: 275 Fifth Street, Suite 100 Bremerton, WA 98337 (hereinafter the "CONSULTANT") Contact: Steven M. Rice Phone: 360-377-3778 Fax: for professional services in connection with the following Project: The Port Orchard Downtown Community Event Center Project TERMS AND CONDITIONS 1. Services by Consultant. A. The Consultant shall perform the services described in the Scope of Work attached to this Agreement as Exhibit "B." The services performed by the Consultant shall not exceed the Scope of Work without prior written authorization from the City. In performing such services, the Consultant shall at all times comply with all Federal, State, and local laws and regulations applicable to the performance of such services. The Consultant shall perform the services diligently and completely in accordance with professional standards of conduct and performance for Consultant's profession. B. The City may from time to time require changes or modifications in the Scope of Work. Such changes, including any decrease or increase in the amount of compensation, shall be agreed to by the parties and incorporated in written amendments to the Agreement. 2. Schedule of Work. A. The Consultant shall perform the services described in the Scope of Work in accordance with the tasks identified within Exhibit `B" and the terms of this Agreement. If delays beyond the Consultant's reasonable control occur, the parties will negotiate in good faith to determine whether an extension is appropriate. City of Port Orchard and Public Works Project No. Professional Service Agreement Contract No. S:A2020002 South Kitsap Community Event Center\2-AdminAContractARFM AgreementAMASTER 2018 Prof Svcs Agreement SEC 1.29.18 (with SEC edits) 7.18.19 - STAN EDITS (Charlotte A. Archer) FfNAL.docx Rev 7/18/2019 1 of 10 Page 132 of 232 B. The Consultant is authorized to proceed with services upon receipt of a written Notice to Proceed. 3. Terms. This Agreement shall commence on July 29, 2020 ("Commencement Date") and shall terminate March 31, 2022 unless extended or terminated in writing as provided herein. The City reserves the right to offer two (2) one-year extensions prior to contract expiration to retain the selected company's services. 4. Compensation. LUMP SUM. Compensation for these services shall be a Lump Sum of $400,000.00. 5. Payment. A. The Consultant shall maintain time and expense records and provide them to the City monthly after services have been performed, along with monthly invoices in a format acceptable to the City for work performed to the date of the invoice. B. All invoices shall be paid by City warrant within thirty (30) days of receipt of a proper invoice. If the City objects to all or any portion of any invoice, it shall so notify the Consultant of the same within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in dispute, and the parties shall immediately make every effort to settle the disputed portion. C. The Consultant shall keep cost records and accounts pertaining to this Agreement available for inspection by City representatives for three (3) years after final payment unless a longer period is required by a third -party agreement. Copies shall be made available on request. D. On the effective date of this Agreement (or shortly thereafter), the Consultant shall comply with all federal and state laws applicable to independent contractors, including, but not limited to, the maintenance of a separate set of books and records that reflect all items of income and expenses of the Consultant's business, pursuant to Revised Code of Washington (RCW) 51.08.195, as required by law, to show that the services performed by the Consultant under this Agreement shall not give rise to an employer - employee relationship between the parties, which is subject to Title 51 RCW, Industrial Insurance. E. If the services rendered do not meet the requirements of the Agreement, the Consultant will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 6. Discrimination and Compliance with Laws A. The Consultant agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide occupational qualification. B. Even though the Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure the satisfactory City of Port Orchard and Public Works Project No. Professional Service Agreement Contract No. S:A2020002 South Kitsap Community Event Center\2-AdminAContractARFM AgreementAMASTER 2018 Prof Svcs Agreement SEC 1.29.18 (with SEC edits) 7.18.19 - STAN EDITS (Charlotte A. Archer) FfNAL.docx Rev 7/18/2019 2of10 Page 133 of 232 completion thereof. The Consultant agrees to comply with all federal, state and municipal laws, rules and regulations that are now effective or become applicable within the term(s) of this Agreement to the Consultant's business, equipment and personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations. C. The Consultant shall obtain a City of Port Orchard business license prior to commencing work pursuant to a written Notice to Proceed. D. Violation of this Paragraph 6 shall be a material breach of this Agreement and grounds for cancellation, termination, or suspension of the Agreement by the City, in whole or in part, and may result in ineligibility for further work for the City. 7. Relationship of Parties. The parties intend that an independent contractor -client relationship will be created by this Agreement. As the Consultant is customarily engaged in an independently established trade which encompasses the specific service provided to the City hereunder, no agent, employee, representative or sub -consultant of the Consultant shall be or shall be deemed to be the employee, agent, representative or sub -consultant of the City. In the performance of the work, the Consultant is an independent contractor with the ability to control and direct the performance and details of the work, the City being interested only in the results obtained under this Agreement. None of the benefits provided by the City to its employees, including but not limited to compensation, insurance, and unemployment insurance, are available from the City to the employees, agents, representatives or sub -consultants of the Consultant. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents, employees, representatives and sub -consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work that the Consultant performs hereunder. 8. Suspension and Termination of Agreement A. Termination without cause. This Agreement may be terminated by the City at any time for public convenience, for the Consultant's insolvency or bankruptcy, or the Consultant's assignment for the benefit of creditors. B. Termination with cause. This Agreement may be terminated upon the default of the Consultant and the failure of the Consultant to cure such default within a reasonable time after receiving written notice of the default. C. Rights . Upon Termination. 1. With or Without Cause. Upon termination for any reason, all finished or unfinished documents, reports, or other material or work of the Consultant pursuant to this Agreement shall be submitted to the City, and the Consultant shall be entitled to just and equitable compensation for any satisfactory work completed prior to the date of termination, not to exceed the total compensation set forth herein. The Consultant shall not be entitled to any reallocation of cost, profit or overhead. The Consultant shall not in any event be entitled to anticipated profit on work not performed because of such termination. The Consultant shall use its best efforts to minimize the compensation payable under this Agreement in the event of such termination. Upon termination, the City may take over the work and prosecute the same to completion, by contract or otherwise. City of Port Orchard and Public Works Project No. Professional Service Agreement Contract No. S:A2020002 South Kitsap Community Event Center\2-AdminAContractARFM AgreementAMASTER 2018 Prof Svcs Agreement SEC 1.29.18 (with SEC edits) 7.18.19 - STAN EDITS (Charlotte A. Archer) FfNAL.docx Rev 7/18/2019 3of10 Page 134 of 232 2. Default. If the Agreement is terminated for default, the Consultant shall not be entitled to receive any further payments under the Agreement until all work called for has been fully performed. Any extra cost or damage to the City resulting from such default(s) shall be deducted from any money due or coming due to the Consultant. The Consultant shall bear any extra expenses incurred by the City in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained, by the City by reason of such default. D. Suspension. The City may suspend this Agreement, at its sole discretion. Any reimbursement for expenses incurred due to the suspension shall be limited to the Consultant's reasonable expenses, and shall be subject to verification. The Consultant shall resume performance of services under this Agreement without delay when the suspension period ends. E. Notice of Termination or Suspension. If delivered to the Consultant in person, termination shall be effective immediately upon the Consultant's receipt of the City's written notice or such date as stated in the City's notice of termination, whichever is later. Notice of suspension shall be given to the Consultant in writing upon one week's advance notice to the Consultant. Such notice shall indicate the anticipated period of suspension. Notice may also be delivered to the Consultant at the address set forth in Section 15 herein. 9. Standard of Care. The Consultant represents and warrants that it has the requisite training, skill and experience necessary to provide the services under this Agreement and is appropriately accredited and licensed by all applicable agencies and governmental entities. Services provided by the Consultant under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing in similar circumstances. 10. Ownership of Work Product. A. All data, materials, reports, memoranda, and other documents developed under this Agreement whether finished or not shall become the property of the City, shall be forwarded to the City at its request and may be used by the City as it sees fit. Upon termination of this Agreement pursuant to paragraph 8 above, all finished or unfinished documents, reports, or other material or work of the Consultant pursuant to this Agreement shall be submitted to the City. Any reuse or modification of such documents, reports or other material or work of the Consultant for purposes other than those intended by the Consultant in its scope of services under this Agreement shall be at the City's risk. B. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in the Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, the Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. The Consultant is permitted to disclose any such information only to the extent required by law, subpoena or other court order. 11. Work Performed at the Consultant's Risk. The Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents and sub -consultants in the performance of the work hereunder, and shall utilize all protection necessary for that purpose. All work shall be done at the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held by the Consultant for use in connection with the work. City of Port Orchard and Public Works Project No. Professional Service Agreement Contract No. S:A2020002 South Kitsap Community Event Center\2-AdminAContractARFM AgreementAMASTER 2018 Prof Svcs Agreement SEC 1.29.18 (with SEC edits) 7.18.19 - STAN EDITS (Charlotte A. Archer) FfNAL.docx Rev 7/18/2019 4of10 Page 135 of 232 12. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorneys' fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries or damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. The provisions of this section shall survive the expiration or termination of this Agreement. 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. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. 13. Insurance. The Consultant shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or a substitute form providing equivalent liability coverage and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named by endorsement as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance City of Port Orchard and Public Works Project No. Professional Service Agreement Contract No. S:A2020002 South Kitsap Community Event Center\2-AdminAContractARFM AgreementAMASTER 2018 Prof Svcs Agreement SEC 1.29.18 (with SEC edits) 7.18.19 - STAN EDITS (Charlotte A. Archer) FfNAL.docx Rev 7/18/2019 5of10 Page 136 of 232 Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 3. Workers' Compensation Employer's Liability each accident $1,000,000, Employer's Liability Disease each employee $1,000,000, and Employer's Liability Disease — Policy Limit $1,000,000. 4. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability (as to Sections C.2 and CA), and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. 3. The City will not waive its right to subrogation against the Consultant. The Consultant's insurance shall be endorsed acknowledging that the City will not waive their right to subrogation. The Consultant's insurance shall be endorsed to waive the right of subrogation against the City, or any self-insurance, or insurance pool coverage maintained by the City. 4. If any coverage is written on a "claims made" basis, then a minimum of a three (3) year extended reporting period shall be included with the claims made policy, and proof of this extended reporting period provided to the City. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage The Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. City of Port Orchard and Public Works Project No. Professional Service Agreement Contract No. S:A2020002 South Kitsap Community Event Center\2-AdminAContractARFM AgreementAMASTER 2018 Prof Svcs Agreement SEC 1.29.18 (with SEC edits) 7.18.19 - STAN EDITS (Charlotte A. Archer) FfNAL.doex Rev 7/18/2019 6of10 Page 137 of 232 Back to Agenda F. Personal Liability: Owner further agrees that, to the fullest extent permitted by law, no shareholder, officer, director, partner, principal or employee of Rice Fergus Miller shall have personal liability under this Indemnification provision, under any provision of the Agreement, or for any matter in connection with the services provided in connection with the Project. 14. Assigning or Subcontracting. The Consultant shall not assign, transfer, subcontract or encumber any rights, duties, or interests accruing from this Agreement without the express prior written consent of the City, which consent may be withheld in the sole discretion of the City. 15. Notice. Any notices required to be given by the City to the Consultant or by the Consultant to the City shall be in writing and delivered to the parties at the following addresses: Robert Putaansuu Mayor 216 Prospect Street Port Orchard, WA 98366 Phone: 360.876.4407 Fax: 360.895.9029 CONSULTANT Steve Rice, Principal Rice Fergus Miller, Inc. 275 5th Street, Suite 100 Bremerton, WA 98337 Phone: 360-377-8773 Fax: 16. Resolution of Disputes and Governing Law. A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the term or provision's true intent or meaning. The Mayor shall also decide all questions which may arise between the parties relative to the actual services provided or to the sufficiency of the performance hereunder. B. If any dispute arises between the City and the Consultant under any of the provisions of this Agreement which cannot be resolved by the Mayor's determination in a reasonable time, or if the Consultant does not agree with the Mayor's decision on a disputed matter, jurisdiction of any resulting litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington. C. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In any suit or action instituted to enforce any right granted in this Agreement, the substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorneys' fees from the other party. 17. General Provisions. A. Non -waiver of Breach. The failure of either party to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein contained in one or more instances, shall not be construed to be a waiver or relinquishment of said covenants, agreements, or options, and the same shall be in full force and effect. City of Port Orchard and Rice Fergus Miller Public Works Project No. n/a 066-20 Professional Service Agreement Contract No. SA2020002 South Kitsap Community Event Center\2-Admiu\Contract\RFM Agreement\MASTER 2018 Prof Svcs Agreement SEC 1.29.18 (with SEC edits) 7.18.19 - STAN EDITS (Charlotte A. Archer) FINAL. docx Rev 7/18/2019 7of10 Page 138 of 232 B. Modification. No waiver, alteration, modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Consultant. C. Severability. The provisions of this Agreement are declared to be severable. If any provision of this Agreement is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other provision. D. Entire Agreement. The written provisions of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner whatsoever, the Agreement or the Agreement documents. The entire agreement between the parties with respect to the subject matter hereunder is contained in this Agreement and the Exhibits attached hereto, which may or may not have been dated prior to the execution of this Agreement. All of the above documents are hereby made a part of this Agreement and form the Agreement document as fully as if the same were set forth herein. Should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, then this Agreement shall prevail. 18. Title VI The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, must affirmatively insure that its contracts comply with these regulations. Therefore, during the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The Consultant will comply with the Acts and the Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation, Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made a part of this Agreement. 2. Nondiscrimination: The Consultant, with regard to the work performed by it during this Agreement, will not discriminate on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Consultant will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in Appendix A, attached hereto and incorporated herein by this reference, including employment practices when this Agreement covers any activity, project, or program set forth in Appendix B of 49 C.F.R. part 21. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Consultant for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Consultant of the Consultant's City of Port Orchard and Public Works Project No. Professional Service Agreement Contract No. S:A2020002 South Kitsap Community Event Center\2-AdminAContractARFM AgreementAMASTER 2018 Prof Svcs Agreement SEC 1.29.18 (with SEC edits) 7.18.19 - STAN EDITS (Charlotte A. Archer) FINAL.doex Rev 7/18/2019 8of10 Page 139 of 232 Back to Agenda obligations under this Agreement and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP. 4. Information and Reports: The Consultant will provide all information and reports required by the Acts, the Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish the information, the Consultant will so certify to the City or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the Non- discrimination provisions of this Agreement, the City will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: 1. withholding payments to the Consultant under the Agreement until the contractor complies; and/or 2. cancelling, terminating, or suspending the Agreement, in whole or in part. 6. Incorporation of Provisions: The Consultant will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Consultant will take action with respect to any subcontract or procurement as the City or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Consultant becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Consultant may request the City to enter into any litigation to protect the interests of the City. In addition, the Consultant may request the United States to enter into the litigation to protect the interests of the. United States. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set forth above. CITY OF PORT ORCHARD, CONSULTANT WASHINGTON � By: By: Robert Putaansuu, Mayor Name: Steven M. Rice ATTEST/AUmrsotL ell Title: Principal By: r C City Clerk. APPP, V� FORM: By: Otte A. Archer, CityAttorney-,--__ City nf'Port Orchard and Kice i-ergus iwiier Public Works Project No. N A PrgfessionalService Agreement Contract No. 066-20 S:12020002 South Kitsap Community Evmt Cmtart2-AdmndC'ontractVtfAf AgrarnerAWASTER 2018 Prof Svcs Agreemaa SEC 129.18 (%ith SEC wile) 7 18,19 - STAN EDITS (Charlotte A. Archer) PENAL. docz Rev 7/ 18/2019 9of10 Page 140 of 232 APPENDIX A During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 C.F.R. Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC§ 471, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub - recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to -ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). City of Port Orchard and Public Works Project No. Professional Service Agreement Contract No. S:A2020002 South Kitsap Community Event Center\2-AdminAContractARFM AgreementAMASTER 2018 Prof Svcs Agreement SEC 1.29.18 (with SEC edits) 7.18.19 - STAN EDITS (Charlotte A. Archer) FINAL.docx Rev 7/18/2019 10 of 10 Page 141 of 232 RIC(ergusmILLER ARCHITECTURE INTERIORS PLANNING VIZLAB 275 Fifth Street, Suite 100 Bremerton, WA 98337 (360) 377-8773 rfmarch.com SOUTH KITSAP COMMUNITY EVENT CENTER DRAFT SCOPE OF WORK PREPARED BY RFM PRESENTED TO CITY OF PORT ORCHARD JULY 1, 2020 Back to Agenda EXHIBIT B - REVISED 7/29/20 This document is in response to TASK 1 and TASK 2 of the "PFD ILA Third Draft (with NB and SEC edits) 10.30.19 (2). ILA TASK 1 + ILA TASK 2 = "PHASE I" SCOPE OF WORK PER RFQ RFM PHASE 1A RFM PHASE 1B • Provides road map for logical sequence of scope pieces -- site selection, programming for space needs, and concept building design • Identifies logical midpoint of combined consultant -supplied design services in response to City's desire to proceed sequentially. • Provides the ability to explore and potentially augment space needs with beneficial uses not currently identified in ILA. • Tailors public outreach and acknowledges need for outreach to master plan stakeholders • Adds activities and deliverables desired by the City now: o Test multiple site options (up to three) with conceptual design for suitability and quality of outcomes at each site o Produce one schematic design (not three) based on agreed upon space program at selected site o Provide Preliminary CEC Monetary Operational Feasibility Report o Coordinate project attributes to City of Port Orchard's consultant performing Downtown Subarea Plan This draft scope does not (yet) address required deliverables for the purposes of this discussion but assumes they are pursuant to how activities are split between RFM Phase 1A and Phase 1 B 1of5 Page 142 of 232 Back to Agenda South Kitsap Community Center RFM Scope of Work -DRAFT July 2, 2020 RFM PHASE 1A: CONCEPTUAL DESIGN EXHIBIT B - REVISED 7/29/20 DEFINE THE PROJECT IN BASIC TERMS & REACH PRELIMINARY DESIGN PACKAGE (APPROX. 15% OVERALL; APPROX 30% SCHEMATIC DESIGN) Draft Management Plan • Assist City to produce Draft Management Plan. • Determine design team level of responsibility for project management; fit for City • Discuss preliminary project budget creation and responsibility for maintenance. • Discuss project timeline and milestone deliverables • Determine frequency of meetings and get them scheduled ahead on calendars Establish Goals and Objectives • City of Port Orchard (COPO) • Kitsap Regional Library (KRL) • Kitsap Public Facilities District (KPFD) • Other Key Stakeholders (Kitsap Bank, Port Of Bremerton, Sound West Group, Kitsap Transit, etc.) Public Outreach & Communication Initiate public outreach for site attributes and for space needs Restart continuous communication platforms Get public outreach meetings scheduled ahead on calendars Space Programming/Needs Assessment • Conduct space & site programming o With Kitsap Regional Library for library o With Columbia Hospitality for event center o With other identified key stakeholders (Kitsap Bank, City Of Port Orchard, etc.) o With public and user groups via outreach o For other uses the design team may promote Prepare Draft Space Programming Report Site Analysis & Selection • Identify approximately three sites for consideration • Conduct factfinding: utilities, preliminary geotechnical, preliminary environmental, zoning, shorelines, etc. Prepare comparison matrix: ownership, opportunities and restrictions, attributes for CEC program, developable envelope, ability to catalyze other development, ability to boost property values and merchant business, parking, access and transportation, etc. 2 of 5 Page 143 of 232 Back to Agenda South Kitsap Community Center RFM Scope of Work -DRAFT July 2, 2020 EXHIBIT B - REVISED 7/29/20 • Develop preliminary design scheme (building and site concept) in order to test each site; describe and contrast outcomes (performance vs. goals and objectives, layout, function, other benefits); determine preferred alternative. 3 of 5 Page 144 of 232 Back to Agenda South Kitsap Community Center RFM Scope of Work -DRAFT July 2, 2020 RFM PHASE 113: SCHEMATIC DESIGN EXHIBIT B - REVISED 7/29/20 FURTHER DEFINE THE PROJECT, PROVIDE PRELIMINARY OPERATIONAL FEASIBILITY & REACH SCHEMATIC DESIGN PACKAGE (APPROX. 25% OVERALL; xx% SCHEMATIC DESIGN) Market Analysis, Financial Viability, and Risk Assessment • Conduct event center analysis with market information and preliminary operational feasibility report • Produce City Of Port Orchard portion of the feasibility study report. Public Outreach & Communication • Continue public outreach for preferred alternative • Maintain continuous communication platforms Space Programming/Needs Assessment • Review Kitsap Public Facilities District feasibility study report findings; finalize space programing as needed. • Verify/confirm space needs and shared use scenarios with building users and key stakeholders. • Provide Preliminary CEC Monetary Operational Feasibility Report Site Analysis • Prepare technical report to inform architectural and site design. o Final geotechnical, final utilities capacity, preliminary storm drainage report o Level 2 environmental, if needed o Biological Evaluation o Topographic Survey o Archeological and Cultural Resources Report including inadvertent discovery plan • Provide shorelines mitigation and preliminary engineering report. Property Ownership/Master Plan • Assist City to work with public and private entities to determine ownership of the CEC property and proposed building. • Update proposed Master Plan (?) • Coordinate project attributes to City Of Port Orchard's consultant performing Downtown Subarea Plan. Schematic Design • Based on updated program information and feedback from the public and City Council, further develop preferred alternative preliminary design scheme (building and site) to approximate __% schematic level 4 of 5 Page 145 of 232 Back to Agenda South Kitsap Community Center RFM Scope of Work -DRAFT July 2, 2020 EXHIBIT B - REVISED 7/29/20 • Provide schematic level cost estimate and present to the City Council. Task 2 City Council Action. City to review preferred alternative with public entities and decide whether to accept additional $600,000 (estimated) for Task 3. Notes: Design Team fees support inherent management responsibilities, including meetings. 5 of 5 Page 146 of 232 Back to Agenda EXNltill ti SOUTH KITSAP COMMUNITY EVENT CENTER FEES PER KPFD-CPO INTERLOCAL AGREEMENT JULY 10, 2020 ILA RFQ RIM PROPOSED CONSULTANTS DURATION TASKS DELIVERABLES TASK TASK PHASE FEE CONCEPTUAL DESIGN ARCH TRANSPORTATION PROJECT PLANNING STRUCTURAL ESTABLISH GOALS AND OBJECTIVES PROFESSIONAL SERVICE CONTRACT CIVIL COORDINATE EXISTING MASTER DRAFT MANAGEMENT PLAN SURVEY PER ILA/RFQ PLANNING EFFORTS PUBLIC OUTREACH REPORT 1.1 SHORELINE 9-12 MONTHS REVIEW HISTORICAL PUBLIC INPUT SPACE PROGRAMMING REPORT 1 1.2.1 1A GEOTECH $200 000 PUBLIC OUTREACH (3) SITE ASSESSMENT ALTERNATIVES WITH 1.2.2 ENVIRONMENTAL PROPOSED SPACE PROGRAMMING DESIGN CONCEPT FOR EACH NEEDS ASSESSMENT HIGH LEVEL TRAFFIC, GEOTECH, STRUCTURAL, BIOLOGIST 7 MONTHS CONCEPT PLANNING SURVEY, SHORELINE, GEOTECH, HOSPITALITY HIGH LEVEL SITE ASSESSMENT ENVIRONMENTAL AND BIOLOGIST NARRATIVES FOR EACH SITE ALTERNATIVE 1.4 1.2.3 CITY COUNCIL & KPFD SITE SELECTION: MARKET ANALYSIS, FINANCIAL VIABILITY & RISK ASSESSMENT SCHEMATIC DESIGN ARCH INVESTIGATIVE REPORTS FOR SELECTED SITE: LANDSCAPE ENVIRONMENTAL ASSESSMENT STREETSCAPE PRELIM STORMWATER DRAINAGE REPORT TRANSPORTATION PRELIM GEOTECH REPORT STRUCTURAL BIOLOGICAL EVALUATION CIVIL TOPOGRAPHICAL SURVEY & CRITICAL AREAS SURVEY REVIEW KPFD'S FEASIBILITY REPORT SHORELINE CODE ANALYSIS 1.2.4 SHORELINE PER ILA/RFQ PUBLIC OUTREACH ARCHAEOLOGICAL & CULTURAL RESOURCES SPACE PROGRAMMING REPORT (INCLUDING INADVERTENT 1.2.5 GEOTECH 6-9 MONTHS 2 1.2.6 1 B HOSPITALITY $200 00� NEEDS ASSESSMENT DISCOVERY PLAN) 1.2.7 MECHANICAL PROPOSED INVESTIGATION OF SELECTED SITE PROPERTY OWNERSHIP/MASTER PLAN UTILITIES CAPACITY EVALUATION (WATER/SEWER) 1.2.8 ELECTRICAL 9 MONTHS SCHEMATIC DESIGN TRAFFIC REPORT ENVIRONMENTAL DETERMINE SCOPE FOR ILA TASK 3 PRELIMINARY SCHEMATIC DESIGN BIOLOGIST CONCEPT PLANS ARCHAEOLOGICAL COST ESTIMATE CULTURAL SPACE PROGRAMMING & PUBLIC OUTREACH COST ESTIMATING REPORT SCHEMATIC DESIGN AND SITE PLAN DRAFT SCOPE FOR ILA TASK 3 2 1.2.9 CITY COUNCIL ACTION: FEASIBILITY STUDY TO START ILA TASK 3 Page 147 of 232 RafergumILLER EXHIBIT B Back to Agenda ARCHITECTURE INTERIORS PLANNING VIZLAB 275 Fifth Street, Suite 100 Bremerton, WA 98337 Phone: (360) 377-8773 rfmarch.com 2020 Hourly Billing Rates Date of Proposal: Project: Project No.: The hourly billing rates shall be annually adjusted in accordance with normal salary review practices of Rice Fergus Miller. Principal in Charge: $ 275.00 Senior Planner: $ 175.00 - $ 275.00 Project Manager: $ 130.00 - $ 190.00 Project Architect: $ 120.00 - $ 190.00 Staff Architect: $ 125.00 - $ 160.00 Project Designer: $ 115.00 - $ 190.00 Staff Designer: $ 115.00 - $ 155.00 Interior Designer: $ 90.00 - $ 160.00 Technical Designer: $ 95.00 - $ 155.00 Production Support: $ 85.00 - $ 155.00 Graphics Visualization: $ 115.00 - $ 125.00 Project Coordinator: $ 80.00 - $ 120.00 Administrative Support Staff: $ 80.00 - $ 120.00 Page 148 of 232 Back to Agenda SOUTH KITSAP COMMUNITY EVENTS CENTER PHASE 1 PROPOSED SCHEDULE YEAR 2020 20: MONTH JUL AUG �SEPOCT NOV DEC JA WEEK STARTING DATE 6 13 20 21 3 10 17 24 31 7 14 21 23 5 12 19 26 2 9 16 z3 30 7 14 21 28 4 • MV- ILA RFQ RFM TASK TASK PHASE 1.1 PROJECT PLANNING 7/21 CITY STUDY SESSION -CONTRACT AMENDMENTS 7/28 CITY BUSINESS SESSION - CONTRACT APPROVAL 1 1A PUBLIC OUTREACH & 1.2.1 PROGRAMMING SITE ASSESSMENT & 12 2 CONCEPT PLAN 12/15 CONCEPT DESIGN PRESENTATION 1.4 1.2.3 CITY/KPFD SITE SELECTION F REVIEW KPFD L 1.2.4 FEASIBILITY REPORT L F ASSESS SITE c 1.2.5 ALTERNATIVES FOR L OWNERSHIP C 2 1.2.6 1B FINAL SITE INVESTIGATION PRELIMINARY 12 7 SCHEMATIC DESIGN COST ESTIMATES PUBLIC OUTREACH 1.2.8 SCHEMATIC DESIGN 2 1.2.9 CITY FEASIBILITY STUDY TO START ILA TASK 3 DESIGN MEETINGS EXHIBIT B Page 149 of 232 aw aw- M.H City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 8E Subject: Adoption of a Resolution Approving a Contract with N.L. Olson & Associates, Inc for the Engineering Services for the Demolition and Removal of the Sidnev Water Tower Proiect Back to Agenda Meeting Date: April 12, 2022 Prepared by: Mark Dorsey, P.E. Public Works Director Atty Routing No: Atty Review Date: 366922-0013 — Water April 6, 2022 Summary: The City's Public Works Department identified the operational need for the demolition and removal of the Sidney Water Tower, including necessary structural engineering work and the preparation of Ad Ready Plans, Specifications and Estimates (PS&E). Accordingly, on January 13, 2022, pursuant to RCW 39.04.155 and Chapter 39.80 RCW, the City's Public Works Department established a list of qualified contractors from the 2022 MRSC Consultant Roster for the Main Category — Engineering Services and Sub -Category — Structural Engineering by evaluating the statements of qualification on file with MRSC for firms listed on this Roster. On January 21, 2022, the City's Public Works Department solicited project -specific Statements of Qualification from five qualified firms selected from the MRSC Roster list. However, the City did not receive any project -specific Statements of Qualification by the February 4, 2022, 2:00 p.m. deadline. Consistent with RCW 39.80.040, RCW 35.23.352(1), and the City's Procurement Policies and Procedures for the procurement of engineering contracts, on February 7, 2022, Public Works Staff determined N.L. Olson and Associates, Inc, an engineering firm listed on the MRSC Roster, was the most highly qualified for the project. On February 8, 2022, City staff met with an N.L. Olson and Associates, Inc representative to discuss, clarify, negotiate, and develop an understanding of the project and proposed contract terms. On March 8, 2022, the City received a defined Scope of Work and Budget for the Project from N.L. Olson and Associates, Inc in an amount not to exceed $34,000.00. Recommendation: Staff recommends adoption of Resolution No. 030-22, thereby approving Contract No. C047-22 with N.L. Olson and Associates, Inc. for the preparation of Ad ready PS&E documents for the Demolition and Removal of the Sidney Water Tower Project in an amount not to exceed $34,000.00 and documenting the Professional Services procurement procedures. Relationship to Comprehensive Plan: Chapter 7- Utilities Motion for Consideration: I move to adopt Resolution No. 030-22, authorizing the Mayor to execute Contract No. C047-22 with N.L. Olson and Associates, Inc for engineering services for the Demolition and Removal of the Sidney Water Tower Project in an amount not to exceed $34,000.00, and documenting the Professional Services procurement procedures. Page 150 of 232 Back to Agenda J ,u„ -'-, Item 8E Page 2 of 2 Fiscal Impact: A budget amendment may be required, to be submitted following approval but prior to expenditure. Alternatives: Do not approve. Attachments: Resolution No. 030-22 Contract No. C047-22 N.L. Olson and Associates, Inc Proposal (dated March 8, 2022) Page 151 of 232 Back to Agenda RESOLUTION NO.030-22 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE CONTRACT NO. C047-22 WITH N.L. OLSON & ASSOCIATES, INC FOR ENGINEERING SERVICES FOR THE DEMOLITION AND REMOVAL OF THE SIDNEY WATER TOWER AND DOCUMENTING PROFESSIONAL CM:1,y1["i]39Z4111:79u[41,1 A WHEREAS, the City's Public Works Department identified the operational need for the demolition and removal of the Sidney Water Tower, including necessary structural engineering work and the preparation of Ad Ready Plans, Specifications and Estimates (PS&E); and WHEREAS, on January 13, 2022, pursuant to RCW 39.04.155 and Chapter 39.80 RCW, the City's Public Works Department established a list of qualified contractors from the 2022 MRSC Consultant Roster (see Resolution Exhibit A attached) for the Main Category — Engineering Services and Sub -Category — Structural Engineering, by evaluating the statements of qualification on file with MRSC for firms listed on the Roster; and WHEREAS, on January 21, 2022, the City's Public Works Department requested Statements of Qualification from five qualified firms selected from the MRSC Roster list; and WHEREAS, the City did not receive any project -specific Statements of Qualification by the February 4, 2022, 2:00 p.m. deadline; and WHEREAS, consistent with RCW 39.80.040, RCW 35.23.352(1), and the City's Procurement Policies and Procedures for the procurement of engineering contracts, on February 7, 2022, Public Works Staff determined N.L. Olson and Associates, Inc, an engineering firm listed on the MRSC Roster, was the most highly qualified for the project based on the statement of qualifications on file with MRSC; and WHEREAS, on February 8, 2022, City staff met with an N.L. Olson and Associates, Inc. representative to discuss, clarify, negotiate, and develop an understanding of the project and the associated contract terms; and WHEREAS, on March 8, 2022, the City received a defined Scope of Work and Budget for the Project from N.L. Olson & Associates, in an amount not to exceed $34,000.00; and WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State Auditor's Office, wishes to document their consultant selection process as described above for this particular contract by Resolution; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. Page 152 of 232 R Back to Agenda 2 Page 2 of 2 THAT: The City Council approves of and authorizes the Mayor to execute Contract No. C047-22 with N.L. Olson and Associates, Inc. for the preparation of Ad Ready PS&E documents for the Demolition and Removal of the Sidney Water Tower. THAT: The Resolution shall take full force and effect upon passage and signatures hereon. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 1211 day of April 2022. Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 153 of 232 CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT THIS Agreement is made effective as of the 12th day of April, 2022, by and between the City of Port Orchard, a municipal corporation, organized under the laws of the State of Washington, whose address is: CITY OF PORT ORCHARD, WASHINGTON (hereinafter the "CITY") 216 Prospect Street Port Orchard, Washington 98366 Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029 And N.L. Olson and Associates, Inc, a corporation, organized under the laws of the State of Washington, doing business at: N.L. Olson & Associates, Inc P.O. Box 637 2453 Bethel Avenue Port Orchard, WA 98366 Contact: Trish Walton (hereinafter the "CONSULTANT") Phone: 360.876.2284 Email: twalton&nlolson.com for professional services in connection with the following Project: Ad ready PS&E documents for the Demolition and Removal of the Sidney Water Tower TERMS AND CONDITIONS 1. Services by Consultant. A. The Consultant shall perform the services described in the Scope of Work attached to this Agreement as Exhibit "A." The services performed by the Consultant shall not exceed the Scope of Work without prior written authorization from the City. In performing such services, the Consultant shall at all times comply with all Federal, State, and local laws and regulations applicable to the performance of such services. The Consultant shall perform the services diligently and completely in accordance with professional standards of conduct and performance for Consultant's profession. B. The City may from time to time require changes or modifications in the Scope of Work. Such changes, including any decrease or increase in the amount of compensation, shall be agreed to by the parties and incorporated in written amendments to the Agreement. 2. Schedule of Work. A. The Consultant shall perform the services described in the Scope of Work in accordance with the tasks identified within Exhibit "A" and the terms of this Agreement. If delays beyond the Consultant's reasonable control occur, the parties will negotiate in good faith to determine whether an extension is appropriate. City of Port Orchard and N.L. Olson & Associates, Inc Professional Service Agreement Contract No. C047-22 \\PO-STORE\Shared Folders\Publicworks\1_Adminstration\E_Centralized Procu ement\PROCUREMENT\Procurements - Active\Sidney WA Tower\C047-22- NL Olson Associates -Sidney WA Tower.doc Rev 7/18/2019 1 of 10 Page 154 of 232 B. The Consultant is authorized to proceed with services upon receipt of a written Notice to Proceed. 3. Terms. This Agreement shall commence on April 12, 2022, ("Commencement Date") and shall terminate December 31, 2022, unless extended or terminated in writing as provided herein. The City reserves the right to offer two (2) one-year extensions prior to contract expiration to retain the selected company's services. 4. Compensation. TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed $34,000.00 without advance written authorization from the City, and will be based on the list of billing rates and reimbursable expenses attached hereto as Exhibit " A ." 5. Payment. A. The Consultant shall maintain time and expense records and provide them to the City monthly after services have been performed, along with monthly invoices in a format acceptable to the City for work performed to the date of the invoice. B. All invoices shall be paid by City warrant within thirty (30) days of receipt of a proper invoice. If the City objects to all or any portion of any invoice, it shall so notify the Consultant of the same within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in dispute, and the parties shall immediately make every effort to settle the disputed portion. C. The Consultant shall keep cost records and accounts pertaining to this Agreement available for inspection by City representatives for three (3) years after final payment unless a longer period is required by a third -party agreement. Copies shall be made available on request. D. On the effective date of this Agreement (or shortly thereafter), the Consultant shall comply with all federal and state laws applicable to independent contractors, including, but not limited to, the maintenance of a separate set of books and records that reflect all items of income and expenses of the Consultant's business, pursuant to Revised Code of Washington (RCW) 51.08.195, as required by law, to show that the services performed by the Consultant under this Agreement shall not give rise to an employer -employee relationship between the parties, which is subject to Title 51 RCW, Industrial Insurance. E. If the services rendered do not meet the requirements of the Agreement, the Consultant will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 6. Discrimination and Compliance with Laws A. The Consultant agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide occupational qualification. B. Even though the Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the City of Port Orchard and N.L. Olson & Associates, Inc Professional Service Agreement Contract No. C047-22 \\PO-STORE\Shared Folders\Publicworks\1_Adminstration\E_Centralized Procu ement\PROCUREMENT\Procurements - Active\Sidney WA Tower\C047-22- NL Olson Associates -Sidney WA Tower.doc Rev 7/18/2019 2of10 Page 155 of 232 approval of the City and shall be subject to the City's general right of inspection to secure the satisfactory completion thereof. The Consultant agrees to comply with all federal, state and municipal laws, rules and regulations that are now effective or become applicable within the term(s) of this Agreement to the Consultant's business, equipment and personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations. C. The Consultant shall obtain a City of Port Orchard business license prior to commencing work pursuant to a written Notice to Proceed. D. Violation of this Paragraph 6 shall be a material breach of this Agreement and grounds for cancellation, termination, or suspension of the Agreement by the City, in whole or in part, and may result in ineligibility for further work for the City. 7. Relationship of Parties. The parties intend that an independent contractor -client relationship will be created by this Agreement. As the Consultant is customarily engaged in an independently established trade which encompasses the specific service provided to the City hereunder, no agent, employee, representative or sub -consultant of the Consultant shall be or shall be deemed to be the employee, agent, representative or sub -consultant of the City. In the performance of the work, the Consultant is an independent contractor with the ability to control and direct the performance and details of the work, the City being interested only in the results obtained under this Agreement. None of the benefits provided by the City to its employees, including but not limited to compensation, insurance, and unemployment insurance, are available from the City to the employees, agents, representatives or sub - consultants of the Consultant. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents, employees, representatives and sub -consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work that the Consultant performs hereunder. 8. Suspension and Termination of Agreement A. Termination without cause. This Agreement may be terminated by the City at any time for public convenience, for the Consultant's insolvency or bankruptcy, or the Consultant's assignment for the benefit of creditors. B. Termination with cause. This Agreement may be terminated upon the default of the Consultant and the failure of the Consultant to cure such default within a reasonable time after receiving written notice of the default. C. Rights Upon Termination. 1. With or Without Cause. Upon termination for any reason, all finished or unfinished documents, reports, or other material or work of the Consultant pursuant to this Agreement shall be submitted to the City, and the Consultant shall be entitled to just and equitable compensation for any satisfactory work completed prior to the date of termination, not to exceed the total compensation set forth herein. The Consultant shall not be entitled to any reallocation of cost, profit or overhead. The Consultant shall not in any event be entitled to anticipated profit on work not performed because of such termination. The Consultant shall use its best efforts to minimize the compensation payable under this Agreement in the event of such termination. Upon termination, the City may take over the work and prosecute the same to completion, by contract or otherwise. City of Port Orchard and N.L. Olson & Associates, Inc Professional Service Agreement Contract No. C047-22 \\PO-STORE\Shared Folders\Publicworks\1_Adminstration\E_Centralized Procu ement\PROCUREMENT\Procurements - Active\Sidney WA Tower\C047-22- NL Olson Associates -Sidney WA Tower.doc Rev 7/18/2019 3of10 Page 156 of 232 2. Default. If the Agreement is terminated for default, the Consultant shall not be entitled to receive any further payments under the Agreement until all work called for has been fully performed. Any extra cost or damage to the City resulting from such default(s) shall be deducted from any money due or coming due to the Consultant. The Consultant shall bear any extra expenses incurred by the City in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained, by the City by reason of such default. D. Suspension. The City may suspend this Agreement, at its sole discretion. Any reimbursement for expenses incurred due to the suspension shall be limited to the Consultant's reasonable expenses, and shall be subject to verification. The Consultant shall resume performance of services under this Agreement without delay when the suspension period ends. E. Notice of Termination or Suspension. If delivered to the Consultant in person, termination shall be effective immediately upon the Consultant's receipt of the City's written notice or such date as stated in the City's notice of termination, whichever is later. Notice of suspension shall be given to the Consultant in writing upon one week's advance notice to the Consultant. Such notice shall indicate the anticipated period of suspension. Notice may also be delivered to the Consultant at the address set forth in Section 15 herein. 9. Standard of Care. The Consultant represents and warrants that it has the requisite training, skill and experience necessary to provide the services under this Agreement and is appropriately accredited and licensed by all applicable agencies and governmental entities. Services provided by the Consultant under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing in similar circumstances. 10. Ownership of Work Product. A. All data, materials, reports, memoranda, and other documents developed under this Agreement whether finished or not shall become the property of the City, shall be forwarded to the City at its request and may be used by the City as it sees fit. Upon termination of this Agreement pursuant to paragraph 8 above, all finished or unfinished documents, reports, or other material or work of the Consultant pursuant to this Agreement shall be submitted to the City. Any reuse or modification of such documents, reports or other material or work of the Consultant for purposes other than those intended by the Consultant in its scope of services under this Agreement shall be at the City's risk. B. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in the Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, the Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. The Consultant is permitted to disclose any such information only to the extent required by law, subpoena or other court order. 11. Work Performed at the Consultant's Risk. The Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents and sub -consultants in the performance of the work hereunder, and shall utilize all protection necessary for that purpose. All work shall be done at the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held by the Consultant for use in connection with the work. City of Port Orchard and N.L. Olson & Associates, Inc Professional Service Agreement Contract No. C047-22 \\PO-STORE\Shared Folders\Publicworks\1_Adminstration\E_Centralized Procu ement\PROCUREMENT\Procurements - Active\Sidney WA Tower\C047-22- NL Olson Associates -Sidney WA Tower.doc Rev 7/18/2019 4of10 Page 157 of 232 12. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorneys' fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries or damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. The provisions of this section shall survive the expiration or termination of this Agreement. 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. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. 13. Insurance. The Consultant shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or a substitute form providing equivalent liability coverage and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named by endorsement as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: City of Port Orchard and N.L. Olson & Associates, Inc Professional Service Agreement Contract No. C047-22 \\PO-STORE\Shared Folders\Publicworks\1_Adminstration\E_Centralized Procu ement\PROCUREMENT\Procurements - Active\Sidney WA Tower\C047-22- NL Olson Associates -Sidney WA Tower.doc Rev 7/18/2019 5of10 Page 158 of 232 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 3. Workers' Compensation Employer's Liability each accident $1,000,000, Employer's Liability Disease each employee $1,000,000, and Employer's Liability Disease — Policy Limit $1,000,000. 4. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. 3. The City will not waive its right to subrogation against the Consultant. The Consultant's insurance shall be endorsed acknowledging that the City will not waive their right to subrogation. The Consultant's insurance shall be endorsed to waive the right of subrogation against the City, or any self-insurance, or insurance pool coverage maintained by the City. 4. If any coverage is written on a "claims made" basis, then a minimum of a three (3) year extended reporting period shall be included with the claims made policy, and proof of this extended reporting period provided to the City. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage The Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. 14. Assigning or Subcontracting. The Consultant shall not assign, transfer, subcontract or encumber any rights, duties, or interests accruing from this Agreement without the express prior written consent of the City, which consent may be withheld in the sole discretion of the City. City of Port Orchard and N.L. Olson & Associates, Inc Professional Service Agreement Contract No. C047-22 \\PO-STORE\Shared Folders\Publicworks\1_Adminstration\E_Centralized Procu ement\PROCUREMENT\Procurements - Active\Sidney WA Tower\C047-22- NL Olson Associates -Sidney WA Tower.doc Rev 7/18/2019 6of10 Page 159 of 232 Back to Agenda 15. Notice. Any notices required to be given by the City to the Consultant or by the Consultant to the City shall be in writing and delivered to the parties at the following addresses: Robert Putaansuu Mayor 216 Prospect Street Port Orchard, WA 98366 Phone: 360.876.4407 Fax: 360.895.9029 CONSULTANT N.L. Olson & Associates 2453 Bethel Avenue Port Orchard, WA 98366 Phone: 360.876.2284 Email: twalton@nlolson.com 16. Resolution of Disputes and Governing Law. A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the term or provision's true intent or meaning. The Mayor shall also decide all questions which may arise between the parties relative to the actual services provided or to the sufficiency of the performance hereunder. B. If any dispute arises between the City and the Consultant under any of the provisions of this Agreement which cannot be resolved by the Mayor's determination in a reasonable time, or if the Consultant does not agree with the Mayor's decision on a disputed matter, jurisdiction of any resulting litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington. C. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In any suit or action instituted to enforce any right granted in this Agreement, the substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorneys' fees from the other parry. 17. General Provisions. A. Non -waiver of Breach. The failure of either party to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein contained in one or more instances, shall not be construed to be a waiver or relinquishment of said covenants, agreements, or options, and the same shall be in full force and effect. B. Modification. No waiver, alteration, modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Consultant. C. Severability. The provisions of this Agreement are declared to be severable. If any provision of this Agreement is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other provision. D. Entire Agreement. The written provisions of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner whatsoever, the Agreement or the Agreement documents. The entire agreement City of Port Orchard and N.L. Olson & Associates, Inc Professional Service Agreement Contract No. C047-22 \\PO-STORE\Shared Folders\Publicworks\1_Adminstration\E_Centralized Procu ement\PROCUREMENT\Procurements - Active\Sidney WA Tower\C047-22- NL Olson Associates -Sidney WA Tower.doc Rev 7/18/2019 7of10 Page 160 of 232 between the parties with respect to the subject matter hereunder is contained in this Agreement and the Exhibits attached hereto, which may or may not have been dated prior to the execution of this Agreement. All of the above documents are hereby made a part of this Agreement and form the Agreement document as fully as if the same were set forth herein. Should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, then this Agreement shall prevail. 18. Title VI The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, must affirmatively insure that its contracts comply with these regulations. Therefore, during the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The Consultant will comply with the Acts and the Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation, Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made a part of this Agreement. 2. Nondiscrimination: The Consultant, with regard to the work performed by it during this Agreement, will not discriminate on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Consultant will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in Appendix A, attached hereto and incorporated herein by this reference, including employment practices when this Agreement covers any activity, project, or program set forth in Appendix B of 49 C.F.R. part 21. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Consultant for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Consultant of the Consultant's obligations under this Agreement and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP. 4. Information and Reports: The Consultant will provide all information and reports required by the Acts, the Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish the information, the Consultant will so certify to the City or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the Non- discrimination provisions of this Agreement, the City will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: City of Port Orchard and N.L. Olson & Associates, Inc Professional Service Agreement Contract No. C047-22 \\PO-STORE\Shared Folders\Publicworks\1_Adminstration\E_Centralized Procu ement\PROCUREMENT\Procurements - Active\Sidney WA Tower\C047-22- NL Olson Associates -Sidney WA Tower.doc Rev 7/18/2019 8of10 Page 161 of 232 1. withholding payments to the Consultant under the Agreement until the contractor complies; and/or 2. cancelling, terminating, or suspending the Agreement, in whole or in part. 6. Incorporation of Provisions: The Consultant will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Consultant will take action with respect to any subcontract or procurement as the City or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Consultant becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Consultant may request the City to enter into any litigation to protect the interests of the City. In addition, the Consultant may request the United States to enter into the litigation to protect the interests of the United States. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set forth above. CITY OF PORT ORCHARD, CONSULTANT WASHINGTON Lo Robert Putaansuu, Mayor Name: ATTEST/AUTHENTICATE: Title: LN Brandy Wallace, MMC City Clerk APPROVED AS TO FORM: By: Charlotte A. Archer, City Attorney City of Port Orchard and N.L. Olson & Associates, Inc Professional Service Agreement Contract No. C047-22 \\PO-STORE\Shared Folders\Publicworks\1_Adminstration\E_Centralized Procu ement\PROCUREMENT\Procurements - Active\Sidney WA Tower\C047-22- NL Olson Associates -Sidney WA Tower.doc Rev 7/18/2019 9of10 Page 162 of 232 APPENDIX A During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 C.F.R. Part 27; • The Age Discrimination Act of 1975, as amended, (42 U .S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC§ 471, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub - recipients and contractors, whether such programs or activities are Federally funded or not); • Titles 11 and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to -ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). City of Port Orchard and N.L. Olson & Associates, Inc Professional Service Agreement Contract No. C047-22 \\PO-STORE\Shared Folders\Publicworks\1_Adminstration\E_Centralized Procu ement\PROCUREMENT\Procurements - Active\Sidney WA Tower\C047-22- NL Olson Associates -Sidney WA Tower.doc Rev 7/18/2019 10 of 10 Page 163 of 232 Back to Agenda (1) N.L. Olson & AssocWL-s, INC. Engineering, Planning &Land Surveying Civil Engineering Proposal - Scope of Work & Budget Sidney Reservoir Demolition 2061 Sidney Ave, Port Orchard, WA For Port Orchard Public Works Attn: Mark Dorsey March 8, 2022 The following is N.L. Olson & Associates' fee proposal to provide professional engineering services required to prepare the documents for advertising demolition of the Sidney water tower/reservoir. A site inspection was made on February 8t1i to discuss the scope of work. The proposed services and associated fee estimates are as follows: Task 1: Site Plan: A site plan will be prepared outlining the scope of work for the bidders. The site plan will show the existing utilities, access and staging areas, security requirements and structures/fencing that is to remain. The site plan will be included as part of the bid package. This task includes a topographic survey, as warranted, prepared by NLO. Task 1 Estimated Fee = $15,000.00 Task 2: Specifications: A set of specifications sufficient to advertise for the demolition and removal of the water reservoir and associated tower structure will be prepared. Specifications will require that the contractor engage a structural engineer with demolition experience to submit a demolition plan to the city before construction starts. The specifications will be provided in Word format and prepared in coordination with the City of Port Orchard Public Works staff. Specifications will be in the WSDOT format or another as requested by the City. The specifications will be sealed by the City Engineer. Task 2 Estimated Fee = $8,000.00 Task 3: Project Coordination & Meetings: N.L. Olson will help coordinate and assist the City preparation of the bid package and answering questions from contractors during the bid process. N.L. Olson will attend and represent the City at all meetings including the pre -bid meeting (if necessary). This fee is an estimate based on 32 man-hours of meetings. Task 3 Estimated Fee = $5,000.00 Task 4: Construction Administration & Project Closeout: N.L. Olson will provide engineering services to assist the client during construction and final closeout of the project. We will answer questions and review submittals. Approximately forty (40) hours of time is assumed for this task. Task 4 Estimated Fee = $6,000.00 Please note: 1.This proposal does not include construction staking or geotechnical monitoring. It is expected those services will be included with the contractor bid and N.L. Olson will provide estimated fees for those services if requested. 2. A geotechnical report has not been prepared for this project. It may be warranted to conduct a subsurface investigation and provide recommendations for construction. N.L. Olson can provide this service as well if requested. 2453 Bethel Avenue, Port Orchard, Washington 98366 Phone (360) 878*ofi3Ww.n1olson.com City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 8F Subject: Approval of an Interagency Agreement with the Washington State Department of Back to Agenda Meeting Date: April 12, 2022 Prepared by: Nicholas Bond, AICP Commerce to Adopt a Housing Action Plan Atty Routing No. Atty Review Date Development Director Development -Matter 11 March 31, 2022 Summary: On February 4, 2022, the City of Port Orchard applied for and successfully received a State - funded grant of $75,000 from the Washington State Department of Commerce under the authority granted by Chapter 39.4 RCW for the development of a Housing Action Plan (HAP). The grant funding is specifically for the development of a HAP encouraging the construction of additional affordable and market rate housing in a greater variety of housing types and at prices that are accessible to a greater variety of incomes. The HAP will include strategies directed at the for -profit single-family home market and quantify existing and projected housing needs for all income levels, analyze population and employment trends, consider strategies to minimize displacement of low-income residents, and provide for participation and input from community members and stakeholders. The HAP will review and evaluate the current housing element adopted pursuant to RCW 36.70A.070, including an evaluation of success in attaining planned housing types and units, achievement of goals and policies, and implementation of the schedule of programs and actions., and be incorporated into the City of Port Orchard Comprehensive Plan as part of the 2024 Comprehensive Plan periodic update. The total project cost estimate submitted by the Department of Community Development as part of the HAP application process was $75,000, excluding city staff time. The awarded grant amount of $75,000 is specifically for the development of the HAP and does not require a local match Recommendation: Staff recommends that the City Council authorize the execution of Washington State Department of Commerce Interagency Agreement with the City of Port Orchard through Growth Management Services for the Housing Action Plan Implementation Grant to adopt a Housing Action Plan. Relationship to Comprehensive Plan: Chapter 3 — Housing. In addition, the HAP will inform the 2024 update to the City's Housing Element of the Comprehensive Plan. Motion for consideration: I move to authorize the Mayor to execute the Washington State Department of Commerce Interagency Agreement with the City of Port Orchard through Growth Management Services for the Housing Action Plan Implementation Grant to adopt a Housing Action Plan in the amount of $75,000. Page 165 of 232 Back to Agenda Item 8F Page 2of2 Fiscal Impact: The grant program provides $75,000 in no -match funding to the City of Port Orchard. It is unlikely that a consultant contract for a HAP will exceed $75,000. Alternatives: Refuse Grant. Attachments: Washington State Department of Commerce Interagency Agreement. Page 166 of 232 Back to Agenda A, `►& Washington State f I 1pn7YTYYlOnT nr 1 V1. HU1 U 111.1 IL VI -��- poi erce Interagency Agreement with For City of Port Orchard through Growth Management Services Housing Action Plan Implementation (HAPI) Grant to Adopt a Housing Action Plan Start date: Date of Execution Page 167 of 232 [Back to Agenda TABLE OF CONTENTS Special Terms and Conditions 1. Authority...............................................................................................1 2. Contract Management........................................................................................... 1 3. Compensation........................................................................................................1 4. Billing Procedures and Payment............................................................................ 1 5. Use of Products...................................................................................................... 1 6. Insurance.............................................................................................2 7. Subcontractor Data Collection............................................................................... 2 8. Order of Precedence.............................................................................................. 2 General Terms and Conditions 1. Definitions.............................................................................................................. 3 2. All Writings Contained Herein................................................................................ 3 3. Amendments..........................................................................................................3 4. Assignment............................................................................................................3 5. Confidentiality and Safeguarding of Information.................................................... 3 6. Copyright................................................................................................................4 7. Disputes................................................................................................................. 4 8. Governing Law and Venue.................................................................................... 4 9. Indemnification....................................................................................................... 5 10. Licensing, Accreditation and Registration............................................................. 5 11. Recapture.............................................................................................................. 5 12. Records Maintenance............................................................................................5 13. Savings.................................................................................................................. 5 14. Severability............................................................................................................ 5 15. Subcontracting.......................................................................................................5 16. Survival..................................................................................................................6 17. Termination for Cause........................................................................................... 6 18. Termination for Convenience................................................................................. 6 19. Termination Procedures........................................................................................ 6 20. Treatment of Assets............................................................................................... 7 21. Waiver....................................................................................................................7 Attachment A, Scope of Work Attachment B, Budget Page 168 of 232 FACE SHEET Back to Agea Contract Number: 22-63314-136 Washington State Department of Commerce Local Government Division Growth Management Services Housing Action Plan Implementation (HAPI) Grant 1. Contractor 2. Contractor Doing Business As (optional) City of Port Orchard N/A 216 Prospect St Port Orchard, WA 98366 3. Contractor Representative 4. COMMERCE Representative Nick Bond Catherine McCoy PO Box 42525 Department of Community Development Director Senior Planner 1011 Plum Street SE 360.874.5533 360-280-3147 Olympia Washington nbond@cityofportorchard.us Catherine.mccoy@commerce.wa.gov 98504-2525 5. Contract Amount 6. Funding Source 7. Start Date 8. End Date $75,000 Federal: ❑ State: ® Other: ❑ N/A: ❑ Date of Execution June 30, 2023 9. Federal Funds (as applicable) Federal Agency: CFDA Number NA NA NA 10.Tax ED# 11.SWV# 12.UBI# 13.DUNS # NA SWV0025665-00 182000005 NA 14. Contract Purpose Implementation of RCW 36.70A.600 grant funding to address housing affordability through a housing action plan. 15. Signing Statement COMMERCE, defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept the terms of this Contract and Attachments and have executed this Contract on the date below and warrant they are authorized to bind their respective agencies. The rights and obligations of both parties to this Contract are governed by this Contract and the following documents hereby incorporated by reference: Attachment "A" — Scope of Work and Attachment `B" — Budget. FOR CONTRACTOR FOR COMMERCE Rob Putannsuu, Mayor Mark K. Barkley, Assistant Director City of Port Orchard Local Government Division Date Date APPROVED AS TO FORM ONLY BY ASSISTANT ATTORNEY GENERAL 08/22/2019. APPROVAL ON FILE. Page 169 of 232 SPECIAL TERMS AND CONDITIONS Back to Agenda INTERAGENCY AGREEMENT STATE FUNDS 1. AUTHORITY COMMERCE and Contractor enter into this Contract pursuant to the authority granted by Chapter 39.34 RCW. 2. CONTRACT 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 Contract. The Representative for COMMERCE and their contact information are identified on the Face Sheet of this Contract. The Representative for the Contractor and their contact information are identified on the Face Sheet of this Contract. 3. COMPENSATION COMMERCE shall pay an amount not to exceed seventy five thousand dollars ($75,000) for the performance of all things necessary for or incidental to the performance of work under this Contract as set forth in the performance -based Scope of Work (Attachment A) and Budget (Attachment B). 4. BILLING PROCEDURES AND PAYMENT COMMERCE will pay Contractor upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Representative for COMMERCE not more often than quarterly. The parties agree this is a performance -based contract intended to produce the deliverables identified in Scope of Work (Attachment A). Payment of any invoice shall be dependent upon COMMERCE'S acceptance of Contractor's performance and/or deliverable. The invoices shall describe and document, to COMMERCE's satisfaction, a description of the work performed, the progress of the project, and fees. The invoice shall include the Contract Number 22-63314-136. 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 Contractor. COMMERCE may, in its sole discretion, terminate the Contract or withhold payments claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of this Contract. No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall be made by COMMERCE. The grantees must invoice for all expenses by June 17, 2023. COMMERCE will pay Contractor for costs incurred prior to the start date of this Agreement, if such costs would have been allowable on or after July 1, 2021, the start date of the 2021-2023 biennium. To be allowable, such costs must be limited to the completion of tasks and deliverables outlined in the Scope of Work (Attachment A). Duplication of Billed Costs The Contractor shall not bill COMMERCE for services performed under this Agreement, and COMMERCE shall not pay the Contractor, if the Contractor is entitled to payment or has been or will be paid by any other source, including grants, for that service. Disallowed Costs The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subcontractors. 5. USE OF PRODUCTS State of Washington IRagaEgbMWA4Mement Updated August 2019 Department of Commerce Page 1 SPECIAL TERMS AND CONDITIONS Back to Agenda INTERAGENCY AGREEMENT STATE FUNDS Nothing in this Agreement, including this Section 6 or 20 of the General Terms and Conditions, prohibits or otherwise restricts the Contractor from fully utilizing any and all materials created under this Agreement, including adopting, publicizing, amending, publishing, using, etc. 6. INSURANCE Each party certifies that it is self -insured under the State's or local government self-insurance liability program, and shall be responsible for losses for which it is found liable. 7. SUBCONTRACTOR DATA COLLECTION Contractor 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 Agreement performed by subcontractors and the portion of 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. 8. ORDER OF PRECEDENCE In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order: • Applicable federal and state of Washington statutes and regulations • Special Terms and Conditions • General Terms and Conditions • Attachment A — Scope of Work • Attachment B — Budget State of Washington IRagaEgWIWA? 2ement Updated August 2019 Department of Commerce Page 2 GENERAL TERMS AND CONDITIONS Back to Agenda INTERAGENCY AGREEMENT STATE FUNDS 1. DEFINITIONS As used throughout this Contract, 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. "Contract" or "Agreement" means the entire written agreement between COMMERCE and the Contractor, including any attachments, documents, or materials incorporated by reference. E-mail or facsimile transmission of a signed copy of this contract shall be the same as delivery of an original. D. "Contractor" shall mean the entity identified on the face sheet performing service(s) under this Contract, and shall include all employees and agents of the Contractor. E. "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. F. "State" shall mean the state of Washington. G. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or part of those services under this Contract under a separate contract with the Contractor. The terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier. 2. ALL WRITINGS CONTAINED HEREIN This Contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 3. AMENDMENTS This Contract 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. 4. ASSIGNMENT Neither this Contract, work thereunder, nor any claim arising under this Contract, shall be transferred or assigned by the Contractor without prior written consent of COMMERCE. 5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION A. "Confidential Information" as used in this section includes All material provided to the Contractor by COMMERCE that is designated as "confidential" by COMMERCE; ii. All material produced by the Contractor that is designated as "confidential" by COMMERCE; and iii. All personal information in the possession of the Contractor that may not be disclosed under state or federal law. B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of COMMERCE or as may be required by law. The Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the Contractor shall provide COMMERCE with its policies and procedures on confidentiality. State of Washington Interagency Agreement Updated August 2019 Department of Commerce Page 172 of 232 Page 3 GENERAL TERMS AND CONDITIONS Back to Agenda INTERAGENCY AGREEMENT STATE FUNDS COMMERCE may require changes to such policies and procedures as they apply to this Contract whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time period specified by COMMERCE. Upon request, the Contractor shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably determines has not been adequately protected by the Contractor against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Contractor 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. 6. COPYRIGHT Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by 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 Contractor 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 Contract, but that incorporate pre-existing materials not produced under the Contract, the Contractor 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 Contractor warrants and represents that the Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE. The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials furnished under this Contract, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Contract. The Contractor shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the Contractor with respect to any Materials delivered under this Contract. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the Contractor. 7. DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, Agreement terms and applicable statutes and rules and make a determination of the dispute. The Dispute Board shall thereafter decide the dispute with the majority prevailing. The determination of the Dispute Board shall be final and binding on the parties hereto. As an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. 8. GOVERNING LAW AND VENUE This Contract shall be construed and interpreted in accordance with the laws of the state of Washington, and any applicable federal laws, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. State of Washington Interagency Agreement Updated August 2019 Department of Commerce Page 173 of 232 Page 4 GENERAL TERMS AND CONDITIONS Back to Agenda INTERAGENCY AGREEMENT STATE FUNDS 9. INDEMNIFICATION Each party shall be solely responsible for the acts of its employees, officers, and agents. 10. LICENSING. ACCREDITATION AND REGISTRATION The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract. 11. RECAPTURE In the event that the Contractor fails to perform this Contract in accordance with state laws, federal laws, and/or the provisions of this Contract, 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 Contractor 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 Contract. 12. RECORDS MAINTENANCE The Contractor shall maintain books, records, documents, data and other evidence relating to this contract and performance of the services described herein, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract. The Contractor shall retain such records for a period of six (6) years following the date of final payment. At no additional cost, these records, including materials generated under the contract, 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. 13. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Contract and prior to normal completion, COMMERCE may suspend or terminate the Contract under the "Termination for Convenience" clause, without the ten calendar day notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding limitations and conditions. 14. SEVERABILITY The provisions of this contract 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 contract. 15. SUBCONTRACTING The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written approval of COMMERCE. If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity; or (c) require the Contractor to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term or condition of this Contract. The Contractor shall appropriately monitor the activities of the State of Washington Interagency Agreement Updated August 2019 Department of Commerce Page 174 of 232 Page 5 GENERAL TERMS AND CONDITIONS Back to Agenda INTERAGENCY AGREEMENT STATE FUNDS Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any breach in the performance of the Contractor's duties. Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for claims or damages arising from a Subcontractor's performance of the subcontract. 16. SURVIVAL The terms, conditions, and warranties contained in this Contract that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Contract shall so survive. 17. TERMINATION FOR CAUSE In the event COMMERCE determines the Contractor has failed to comply with the conditions of this contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before suspending or terminating the contract, COMMERCE shall notify the Contractor in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be terminated or suspended. In the event of termination or suspension, the Contractor shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of the competitive bidding, mailing, advertising and staff time. COMMERCE reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Contractor or a decision by COMMERCE to terminate the contract. A termination shall be deemed a "Termination for Convenience" if it is determined that the Contractor: (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 contract are not exclusive and are in addition to any other rights and remedies provided by law. 18. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If this Contract is so terminated, COMMERCE shall be liable only for payment required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination. 19. TERMINATION PROCEDURES Upon termination of this contract, COMMERCE, in addition to any other rights provided in this contract, may require the Contractor to deliver to COMMERCE any property specifically produced or acquired for the performance of such part of this contract as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially 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 contract. COMMERCE may withhold from any amounts due the Contractor 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 contract. State of Washington Interagency Agreement Updated August 2019 Department of Commerce Page 175 of 232 Page 6 GENERAL TERMS AND CONDITIONS Back to Agenda INTERAGENCY AGREEMENT STATE FUNDS After receipt of a notice of termination, and except as otherwise directed by the Authorized Representative, the Contractor shall: A. Stop work under the contract on the date, and to the extent specified, in the notice; B. Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the contract that is not terminated; C. 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 Contractor under the orders and 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 subcontracts; D. 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 the Authorized Representative may require, which approval or ratification shall be final for all the purposes of this clause; E. 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 contract had been completed, would have been required to be furnished to COMMERCE; F. Complete performance of such part of the work as shall not have been terminated by the Authorized Representative; and G. 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 contract, which is in the possession of the Contractor and in which the Authorized Representative has or may acquire an interest. 20. TREATMENT OF ASSETS Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a direct item of cost under this contract, shall pass to and vest in COMMERCE upon delivery of such property by the Contractor. Title to other property, the cost of which is reimbursable to the Contractor under this contract, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the performance of this contract, or (ii) commencement of use of such property in the performance of this contract, 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 Contractor shall, unless otherwise provided herein or approved by COMMERCE, be used only for the performance of this contract. B. The Contractor shall be responsible for any loss or damage to property of COMMERCE that results from the negligence of the Contractor or which results from the failure on the part of the Contractor to maintain and administer that property in accordance with sound management practices. C. If any COMMERCE property is lost, destroyed or damaged, the Contractor shall immediately notify COMMERCE and shall take all reasonable steps to protect the property from further damage. D. The Contractor shall surrender to COMMERCE all property of COMMERCE prior to settlement upon completion, termination or cancellation of this contract All reference to the Contractor under this clause shall also include Contractor's employees, agents or Subcontractors. 21. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such in writing and signed by Authorized Representative of COMMERCE. State of Washington Interagency Agreement Updated August 2019 Department of Commerce Page 176 of 232 Page 7 Back to Agenda 4 Scope of Work Housing Action Plan RCW 36.70A.600(2) The goal of any such housing plan must be to encourage construction of additional affordable and market rate housing in a greater variety of housing types and at prices that are accessible to a greater variety of incomes, including strategies aimed at the for -profit single-family home market. The housing action plan should: (a) Quantify existing and projected housing needs for all income levels, including extremely low- income households, with documentation of housing and household characteristics, and cost - burdened households; (b) Develop strategies to increase the supply of housing, and variety of housing types, needed to serve the housing needs identified in (a) of this subsection; (c) Analyze population and employment trends, with documentation of projections; (d) Consider strategies to minimize displacement of low-income residents resulting from redevelopment; (e) Review and evaluate the current housing element adopted pursuant to RCW 36.70A.070, including an evaluation of success in attaining planned housing types and units, achievement of goals and policies, and implementation of the schedule of programs and actions; (f7 Provide for participation and input from community members, community groups, local builders, local realtors, nonprofit housing advocates, and local religious groups; and (g) Include a schedule of programs and actions to implement the recommendations of the housing action plan. Commerce will be monitoring the contracts biannually to review progress in meeting milestones, deliverables and invoicing. Page 177 of 232 Back to Agenda A Grant Objective: Develop a housing action plan to encourage construction of additional . ... . market rate housing in a greater variety of housing typesincluding -. -. at the for -profit single-family home market. Steps/ Description Start Date End Date Deliverable Action 1 Existing conditions review April 2022 Aug2022 Step 1.1 Analyze population and employment trends, April 2022 July 2022 with documentation of projections Step 1.2 Quantify existing and projected housing needs April 2022 July 2022 for all income levels, including extremely low- income households, with documentation of housing and household characteristics, and cost -burdened households Step 1.3 Collect data on type, size, cost, and age of April 2022 July 2022 housing in the city. Collect data on rental properties (e.g., type, size, cost, and age) and percentage of housing stock Step 1.4 Review and evaluate the current housing April 2022 July 2022 element and other policies regarding housing, including an evaluation of success in attaining planned housing types and units, achievement of goals and policies, and implementation of the schedule of programs and actions Step 1.5 Review the effectiveness of current programs, April 2022 July 2022 development regulations and permitting processes related to housing development Step 1.6 Review land capacity analysis and review April 2022 July 2022 ability of existing zoning to provide for housing needs and all income brackets Step 1.7 Identify areas that may be at higher risk of April 2022 July 2022 displacement from market forces Deliverable ting Conditions and Housing Needs July 29, � 1 gi6;1' ysis Report 2022 Provide for participation and input from April Action 2 community members, community groups, April 2022 2023 local builders, local realtors, nonprofit Page 178 of 232 113ack to Agenda 4 housing advocates and local religious groups Step 2.1 Identify groups that should be included in April 2022 June outreach 2022 Step 2.2 Conduct public outreach to develop goals and April 2022 Nov 2022 objectives Step 2.3 Conduct community survey to identify demand April 2022 Nov 2022 for housing types among current population Develop stakeholder groups to gather input from housing advocates, housing providers and Step 2.4 social service organizations. Stakeholders may April 2022 Dec 2022 include residents, developers, neighborhood associations, tenants, and religious organizations. Deliverable lan Public ...- P2a June 17, 2022 DeliverableAhl.mmary of Public Engagement Results Feb 17, 2023 valuation and Development of Policies and Aug 2022 Dec 2022 Action 37ools for Increasing Housing Diversity Step 3.1 Develop strategies to increase the supply of Aug 2022 Oct 2022 housing, and variety of housing types, needed to serve the housing needs identified above. Within urban growth area boundaries, develop strategies to accommodate moderate density housing options. Step 3.2 Develop anti -displacement strategies, including Aug 2022 Oct 2022 strategies to minimize displacement of low- income residents resulting from redevelopment Step 3.3 Review strategies to plan for and accommodate Aug 2022 Oct 2022 existing and projected needs of all economic segments of the community, including documenting programs and actions needed to achieve housing availability including gaps in local funding, barriers such as development regulations, and other limitations Page 179 of 232 Back to Agenda Step 3.4 Identify local policies and regulations that result Aug 2022 Oct 2022 in racially disparate impacts, displacement, and exclusion in housing and identify policies and regulations to address and begin to undo these impacts Step 3.5 Develop a schedule of programs and actions to Nov 2022 Dec 2022 implement the recommendations of the housing action plan Deliverable Draft Housing Action Plan Dec 15, 3 2022 Action 4 Project Adoption Jan 2023 June 2023 Step 4.1 Present draft HAP and public hearing before Jan 2023 Feb 2023 the Planning Commission, make changes as needed Step 4.2 Present draft HAP and public hearing before March April 2023 the City Council, make changes as needed 2023 Step 4.3 Prepare ordinance and/or resolution for Council May 2023 May 2023 adoption I dopted Housing Action Plan June 15, Deliverable 4 041" Page 180 of 232 Back to Agenda 3 Budget Deliverable 1. Existing Conditions Housing Needs Analysis $22,500 Deliverable 2a. Public Engagement Plan $7,500 Deliverable 2b Summary of Public Engagement Results $7,500 Deliverable 3. Draft Housing Action Plan $22,500 Deliverable 4. Adopted Housing Action Plan $15,000 Total: $75,000 NOTE: The final Deliverable(s) for this grant represents a minimum of twenty percent (20%) of the total grant award and payment is contingent upon submittal of a copy of the final deliverable(s). Page 181 of 232 Back to Agenda City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 ,00 'WrY,,,,,t + H ,AAA (360) 876 Ri-4407 9 FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 8G Meeting Date Subject: Adoption of a Resolution Accepting the Lodging Tax Advisory Committee's Recommendation for Additional 2022 Funding Allocation Prepared by Atty Routing No.; Atty Review Date April 12, 2022 Brandy Wallace, MMC City Clerk N/A N/A Summary: On March 9, 2022, the Lodging Committee reconvened to check the fund balance and to determine if the City is in a financial position to allow applicants that were not fully funded be given the opportunity to receive additional funds, as well as consider any new event applications. At that meeting staff was directed to open the Lodging Tax Funding application process to possibility award additional funds for 2022. On April 7, 2022, the Lodging Tax Advisory Committee met and heard presentations from applicants requesting additional funds for 2022, as well as discussing the applications. The Committee discussed the following: • Surplus of funds support the funding requests; • Disbursing the additional dollars will help bring in promotion to the City, due to not being able to the last few years; • Approving additional funds shows continual support to these events; • Supports organizations that have been hit hard with traffic control requirements; and • Having events downtown are invaluable to the community. The Committee is recommending the following fund allocations: Organization Funding Request Type Amount Requesting Amount Awarding Fathoms 0 Fun Marketing and Operations of Events $4,018 $4,018 Port Orchard Bay Street Association Marketing and Operations of Events $3,630 $3,630 Saints Car Club Marketing and Operations of Events $600 $600 Visit Kitsap Tourism Marketing $15,000 $15,000 Total $23,248 $23,248 Recommendation: Staff recommends adoption of a resolution approving the lodging tax recommendations for additional 2022 allocations, as presented. Relationship to Comprehensive Plan: None. Motion for consideration: I move to adopt a resolution, adopting the Lodging Tax Advisory Committee's recommendation for additional 2022 funding allocation, as presented. Page 182 of 232 Back to Agenda S,u„ —r,—, Item 8G Fiscal Impact: As of 2/1/2022 the Cash & Investment Fund balance is $278,296. Alternatives: N/A Attachments: Resolution. Page 2 of 2 Page 183 of 232 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, ADOPTING THE LODGING TAX ADVISORY COMMITTEE'S RECOMMENDATION FOR ADDITIONAL 2022 FUNDING ALLOCATION. WHEREAS, notice was given, stating the City was accepting proposals for additional Hotel/Motel Lodging Tax funding for 2022; and WHEREAS, proposals were due to the City Clerk no later than April 4, 2022; which 4 applications were received; and WHEREAS, on April 7, 2022, the Lodging Tax Advisory Committee met with each of the applicants who presented their proposals, as well as review the applications and provide their recommendations to City Council; and THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The City Council accepts the Lodging Tax Advisory Committee's additional 2022 lodging tax recommendations as follows: Organization Funding Request Type Amount Requesting Amount Awarding Fathoms O' Fun Festival Marketing and Operations of Events $4,018 $4,018 Port Orchard Bay Street Association Marketing and Operations of Events $3,630 $3,630 Saints Car Club Marketing and Operations of Events $600 $600 Visit Kitsap Tourism Marketing $15,000 $15,000 Total $23,248 $23,248 PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage this 12th day of April 2022. ATTEST: Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 184 of 232 ;W 4 a City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 8H Subject: Adoption of a Resolution Approving Amendment No. 1 to Contract No. 074-21 with CodePros, LLC for Building Inspection and Plan Review Services Back to Agenda Meeting Date: Prepared by: April 12, 2022 Nicholas Bond, AICP DCD Director Atty Routing No.: N/A Atty Review Date: N/A Summary: The City entered contract C074-21 with CodePros, LLC on July 13, 2021. Due to extremely high permitting and inspection volumes, the contract limit of $140,000 is close to exhaustion. The City has another on -call building consultant under contract, but that company does not have available inspectors to assist Port Orchard. The City is contracting with a third consultant to assist with building plan reviews, but that consultant also does not currently have inspectors available to assist Port Orchard. The City's procurement policies limit personal service contracts to $150,000 without going though a sealed bid process, a process that is not required under state law but is written into the City's adopted polies. According to the MRSC procurement guidelines, personal services are to be procured through a combination of price and qualifications. The City's sealed bid policy does not allow the City to consider qualifications when selecting a contractor. The City Council may, by resolution, waive its procurement policies for this contract amendment and is asked to do so to ensure that the department does not fall behind on building inspections. The City may not be able to fulfill all building inspection requests within a week of request unless this Resolution and contract amendment are approved. CodePros was selected in 2021 from the City's consultant roster and is able to continue providing building inspection and plan review services to the City. Relationship to Comprehensive Plan: N/A Recommendation: Staff recommends approval of a resolution waiving procurement policies and and authorizing the mayor to execute Amendment #1 to contract 074-21 with CodePros, LLC. Motion for consideration: "I move to adopt a resolution waiving the city's procurement policies and authorizing the mayor to execute Amendment #1 to Contract 074-21 with CodePros, LLC, raising the total contract amount to $350,000. Fiscal Impact: This contract will exceed the amount budgeted for building inspection services in the 2021- 2022 budget. However, building plan check and permit revenues have come in above budgeted amounts and ensure that the city can absorb this additional cost. Budgeted Actual 2021 Plan Check Fee Revenue $400,000 $507,053 2021 Building Permit Fee Revenue $749,300 $998,837 2022 YTD Plan Check Fee Revenue $150,000 $280,879 Page 185 of 232 Back to Agenda Item 8H Page 2 of 2 2022 YTD Building Permit Fee Revenue $375,000 $444,588 Total $1,674,300 $2,231,357 End of year 2021 and year to date 2022 revenues have exceeded budgeted revenues by $557,057. Alternatives: Do not approve the Resolution. Failing to approve this resolution will immediately increase wait times for building inspection services and could trigger overtime or cause significant backlog of plan review and inspection work. Attachments: Resolution, Contract Amendment #1, Contract 074-21. Page 186 of 232 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR OR DESIGNEE TO EXECUTE AMENDMENT NO. 1 TO CONTRACT NO. C074-21 WITH CODEPROS LLC FOR BUILDING DEPARTMENT PLAN REVIEW AND INSPECTION SERVICES. WHEREAS, the City identified the need for professional consultant services to support the City's Building Department for plan review and inspection services due to an influx of submissions to the Department; and WHEREAS, the City Department of Community Development utilized the MRSC Professional Services Rosters, main category Building Department Services and subcategory Building Inspection Services, for qualified consultants to provide Building Plan Review and Inspection Services; and WHEREAS, the City evaluated the statements of qualifications posted on the roster and selected CodePros LLC and the most highly qualified firm to provide these services; and WHEREAS, on July 13, 2021, the City Council authorized the Mayor to execute Contract C074-21 with CodePros LLC for these services in an amount not to exceed $140,000 for the two- year term of the contract; and WHEREAS, due to unanticipated permitting volumes and the City's targets for time periods in which to turn around building permit applications, the City desires to amend Contract C074-21 to increase the contract value to a not to exceed cap of $350,000, inclusive of monies paid under the contract to date; and WHEREAS, staff seeks a waiver of the City's procurement policies which require a formal, sealed bid process for professional services contracts that exceed a total value of $150,000, as the City would benefit from the continuity of services with CodePros LLC given CodePros LLC experience with the City's building code and permitting process and the delay that would be caused by re -starting with a new consultant during a peak period of application review; and WHEREAS, the City Council finds that it is in the best interests of the residents of Port Orchard to authorize the Mayor to execute an amendment with CodePros LLC as described herein and waive applicable City procurement policies; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. Page 187 of 232 Back to Agenda Page 2 of 2 THAT: The City Council authorizes the Mayor to execute Amendment No. 1 to Contract No. C074-21 with CodePros, LLC for Plan Review and Building Inspection Services as is attached hereto as Exhibit A and incorporated herein by this reference. THAT: The City Council authorizes a limited waiver of the City's Procurement Policies and Procedures, adopted via Resolution No. 042-20, for this contract and amendment for the reasons identified herein, and ratifies all actions previously taken consistent with this authorization. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage on this 1211 day of April 2022. ATTEST: Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 188 of 232 J!ack to Agenda Amendment No.1 to Contract No. C074-21 CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT WITH CodePros LLC THIS AMENDMENT to Contract No. C074-21("Amendment") is made effective as of the 12th day of April, 2022, by and between the City of Port Orchard ("City), a municipal corporation, organized under the laws of the State of Washington, and CodePros LLC, a limited liability company organized under the laws of the State of Washington, located and doing business at PO Box 185, Allyn, WA 98524 ("Consultant"). WHEREAS, on July 13, 2022, the City executed a Professional Service Agreement with Consultant, for the provision of Plan Review and Building Inspection Services ("Underlying Agreement'); and WHEREAS, due to an increased need for the services provided by the Consultant the City desires to increase the contract authority provide in Contract C074-21 to ensure that building plan review and inspection services may continue for the remaining term of the Underlying Agreement and are not disrupted; and WHEREAS, the Consultant and the City have conferred and have agreed to increase the total compensation limit for the current term; and WHEREAS, the parties wish to memorialize their agreement to so amend the Underlying Agreement; NOW, THEREFORE, In consideration of the mutual benefits accruing, it is agreed by and between the parties thereto as follows: 1. Section 3 of the Underlying Agreement (C074-21) between the parties is amended to increase the total not to exceed amount for the life of the Agreement from $140,000 to $350,000. 2. In all other respects, the Underlying Agreement between the parties shall remain in full force and effect, amended as set forth herein, but only as set forth herein. IN WITNESS WHEREOF, the parties have executed this Amendment on the day and year set forth above. Page 189 of 232 CITY OF PORT ORCHARD, CONSULTANT WASHINGTON Robert Putaansuu, Mayor ATTEST/AUTHENTICATED: Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: Charlotte A. Archer, City Attorney Signature Printed Name and Title Page 190 of 232 Back to Agenda CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT THIS Agreement is made effective as of the 13`' day of July 2021, by and between the City of Port Orchard, a municipal corporation, organized under the laws of the State of Washington, whose address is: CITY OF PORT ORCHARD, WASHINGTON (hereinafter the "CITY") 216 Prospect Street Port Orchard, Washington 98366 Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029 and CodePros, a limited liability company, organized under the laws of the State of Washington, doing business at: P.O. Box 185 Allyn, WA 98524 (hereinafter the "CONSULTANT") Contact: Michael Barth, M.P.C. Phone: 360-801-0543 E-mail: mbarth@codeproswa.com for professional, supplemental building department services. TERMS AND CONDITIONS 1. Services by Consultant. A. The Consultant shall perform the services described in the Scope of Work attached to this Agreement as Exhibit "A." The services performed by the Consultant shall not exceed the Scope of Work without prior written authorization from the City. In performing such services, the Consultant shall at all times comply with all Federal, State, and local laws and regulations applicable to the performance of such services. The Consultant shall perform the services diligently and completely in accordance with professional standards of conduct and performance for Consultant's profession. B. The City may from time to time require changes or modifications in the Scope of Work. Such changes, including any decrease or increase in the amount of compensation, shall be agreed to by the parties and incorporated in written amendments to the Agreement. 2. Schedule of Work. A. The Consultant shall perform the services described in the Scope of Work in accordance with the tasks identified within Exhibit "A" and the terms of this Agreement. If delays beyond the Consultant's reasonable control occur, the parties will negotiate in good faith to determine whether an extension is appropriate. B. As set out on Exhibit A, the City authorizes the Consultant to perform plan reviews and inspections of buildings and structures within the incorporated boundaries of the City based upon the Washington State Building Codes; and any other adopted codes and state and local amendments, or City Qf Port Orchard and CodePros. LLC Professional Service Agreement Contract No. 074-21 UAConrracts\2021\C074-21 CodePros\C074-21 CodePros.docx. lofll Rev 7/18/2019 Page 191 of 232 Back to Agenda applicable State and Federal requirements, and other City adopted regulations, standards, and requirements related to building construction (collectively, the "City's Codes"). 3. Terms. The initial term of this Agreement shall be for one year, beginning January 1, 2021 ("Initial Term"). The Agreement shall automatically renew for an additional one year term ("Renewal Term"), unless earlier terminated pursuant to the provisions of this Agreement. Prior to the expiration of the Renewal Term, the City and the Consultant may negotiate an additional extension of the Agreement, which may be executed as an amendment to this Agreement with City Council approval. 4. Compensation. ❑X OTHER. In consideration of the Consultant providing such services, the City shall pay the Consultant for the services performed in accordance with the fee schedule included herein as "Exhibit B — Fee Schedule for Building Department Services Provided by CodePros". Fees will be billed and submitted by the Consultant to the City on a monthly basis, as described in Section 5 below. The total compensation for services under this contract shall not exceed $140,000. Consistent with Exhibit B, plan review and permit fees shall be based on project valuation as determined by the City and shall be defined as the total value of all construction work for which the permit is issued and shall include but not be limited to: all finish work., painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire extinguishing systems, permanent equipment, architectural/engineering services and contractors profit. The valuation shall be, at a minimum, as determined by utilizing the most recently published "Square Foot Construction Costs" table published by the International Code Council in its "Building Safety Journal" magazine. Building permit fees are based on the fee schedule adopted by the City of Port Orchard in Resolution 034-20. Plan Review fees shall be established as 65% of the permit fee. The compensation set forth in Exhibit B is inclusive of all costs of any nature associated with the Company's efforts, including but not limited to salaries, benefits, expenses, overhead, administration, profits, expenses, and outside consultant or subcontractor fees. As the Company is an independent contractor, the Municipality shalt have no liability or responsibility for any direct payment of any salaries, wages, payroll taxes, or any and all other forms or types of compensation or benefits to any personnel performing inspection services for the Municipality under this Agreement. 5. Payment. A. The Consultant shall maintain time and expense records and provide them to the City monthly after services have been performed, along with monthly invoices in a format acceptable to the City for work performed to the date of the invoice. B. All invoices shall be paid by City warrant within thirty (30) days of receipt of a proper invoice. If the City objects to all or any portion of any invoice, it shall so notify the Consultant of the same within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in dispute, and the parties shall immediately make every effort to settle the disputed portion. City of Port Orchard and CodePros, LLC Professional Service Agreement Contract No. 074-2! UAContrwts\2021\C074-21 CodePros\074-21 CoddIrmdoex 2ofll Rev 7/18/2019 Page 192 of 232 C. The Consultant shall keep cost records and accounts pertaining to this Agreement available for inspection by City representatives for three (3) years after final payment unless a longer period is required by a third -party agreement. Copies shall be made available on request. D. On the effective date of this Agreement (or shortly thereafter), the Consultant shall comply with all federal and state laws applicable to independent contractors, including, but not limited to, the maintenance of a separate set of books and records that reflect all items of income and expenses of the Consultant's business, pursuant to Revised Code of Washington (RCW) 51.08.195, as required by law, to show that the services performed by the Consultant under this Agreement shall not give rise to an employer - employee relationship between the parties, which is subject to Title 51 RCW, Industrial Insurance. E. If the services rendered do not meet the requirements of the Agreement, the Consultant will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 6. Discrimination and Compliance with Laws A. The Consultant agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide occupational qualification. B. Even though the Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure the satisfactory completion thereof. The Consultant agrees to comply with all federal, state and municipal laws, rules and regulations that are now effective or become applicable within the term(s) of this Agreement to the Consultant's business, equipment and personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations. C. The Consultant shall obtain a City of Port Orchard business license prior to commencing work pursuant to a written Notice to Proceed. D. Violation of this Paragraph 6 shall be a material breach of this Agreement and grounds for cancellation, termination, or suspension of the Agreement by the City, in whole or in part, and may result in ineligibility for further work for the City. 7. Relationship of Parties. The parties intend that an independent contractor -client relationship will be created by this Agreement. As the Consultant is customarily engaged in an independently established trade which encompasses the specific service provided to the City hereunder, no agent, employee, representative or sub -consultant of the Consultant shall be or shall be deemed to be the employee, agent, representative or sub -consultant of the City. In the performance of the work, the Consultant is an independent contractor with the ability to control and direct the performance and details of the work, the City being interested only in the results obtained under this Agreement. None of the benefits provided by the City to its employees, including but not limited to compensation, insurance, and unemployment insurance, are available from the City to the employees, agents, representatives or sub -consultants of the Consultant. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents, City of Port Orchard and CodePros, LLC Professional Service Agreement Contract No. 074-21 ITAContraca\2021\C074-21 CodePros\ 074-21 CodePros.do" 3ofII Rev 7/18/2019 Page 193 of 232 employees, representatives and sub -consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work that the Consultant performs hereunder. 8. Suspension and Termination of Agreement A. Termination without cause. This Agreement may be terminated by the City at any time for public convenience, for the Consultant's insolvency or bankruptcy, or the Consultant's assignment for the benefit of creditors. B. Termination with cause. This Agreement may be terminated upon the default of the Consultant and the failure of the Consultant to cure such default within a reasonable time after receiving written notice of the default. C. Rights Upon Termination. 1. With or Without Cause. Upon termination for any reason, all finished or unfinished documents, reports, or other material or work of the Consultant pursuant to this Agreement shall be submitted to the City, and the Consultant shall be entitled to just and equitable compensation for any satisfactory work completed prior to the date of termination, not to exceed the total compensation set forth herein. The Consultant shall not be entitled to any reallocation of cost, profit or overhead. The Consultant shall not in any event be entitled to anticipated profit on work not performed because of such termination. The Consultant shall use its best efforts to minimize the compensation payable under this Agreement in the event of such termination. Upon termination, the City may take over the work and prosecute the same to completion, by contract or otherwise. D. Suspension or Termination. Either party to this Agreement may suspend or terminate this Agreement upon thirty (30) days written notice to the other party. Any reimbursement for expenses incurred due to a suspension shall be limited to the Consultant's reasonable expenses and shall be subject to verification. The Consultant shall resume performance of services under this Agreement without delay when a suspension period ends. E. Notice of Termination or Suspension. If delivered to the Consultant in person, termination shall be effective immediately upon the Consultant's receipt of the City's written notice or such date as stated in the City's notice of termination, whichever is later. Notice of suspension shall be given to the Consultant in writing upon one week's advance notice to the Consultant. Such notice shall indicate the anticipated period of suspension. Notice of suspension or termination shall be delivered to the Consultant, or to the City at the addresses set forth in Section 15 herein. 9. Standard of Care. The Consultant represents and warrants that it has the requisite training, skill and experience necessary to provide the services under this Agreement and is appropriately accredited and licensed by all applicable agencies and governmental entities. Services provided by the Consultant under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing in similar circumstances. 10. Ownership of Work Product. A. All data, materials, reports, memoranda, and other documents developed under this Agreement whether finished or not shall become the property of the City, shall be forwarded to the City at City of Por! Orchard and CodePros, LLC Professional Service Agreement Contract No. 074-21 U:\Cmtracts\2021\C074-21 Codefts\074-21 CodePros.docx 4 of 11 Rev 7/18/2019 Page 194 of 232 its request and may be used by the City as it sees fit. Upon termination of this Agreement pursuant to paragraph 8 above, all finished or unfinished documents, reports, or other material or work of the Consultant pursuant to this Agreement shall be submitted to the City. Any reuse or modification of such documents, reports or other material or work of the Consultant for purposes other than those intended by the Consultant in its scope of services under this Agreement shall be at the City's risk. B. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in the Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, the Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. The Consultant is permitted to disclose any such information only to the extent required by law, subpoena or other court order. 11. Work Performed at the Consultant's Risk. The Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents and sub -consultants in the performance of the work hereunder, and shall utilize all protection necessary for that purpose. All work shall be done at the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held by the Consultant for use in connection with the work. 12. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including al I legal costs and attorneys' fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries or damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. The provisions of this section shall survive the expiration or termination of this Agreement. If any cause, claim, or administrative proceeding is commenced in which the enforceability and/or validity of any City ordinance, rule or regulation is at issue, the City shall defend the claims at its sole expense and if judgment is entered or damages are awarded for those claims against the Consultant, the City shall satisfy the same, including all chargeable costs and attorney fees attributed to those claims, except for injuries or damages caused by the sole negligence of the Consultant. 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. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. 0. Insurance. The Consultant shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. City of Porl Orchard and CodePros, LLC Professional Service Agreement Contract No. 074-21 U'Tonvwm\202RC074-21 CodePros\C074-21 CodePros.docx 5of11 Rev 7/18/2019 Page 195 of 232 Back to Agenda A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non -owned, hired and ]eased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or a substitute form providing equivalent liability coverage and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named by endorsement as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 3. Workers' Compensation Employer's Liability each accident $1,000,000, Employer's Liability Disease each employee $1,000,000, and Employer's Liability Disease — Policy Limit $1,000,000. 4. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shal I not contribute with it. 2. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. City of Port Orchard and CodePros, LLC Professional Service Agreement Contract Alo. 074-21 UTontracrs\2021\C074-21 CodePros\C074-21 CodePros.doo 6 of 11 Rev 7/I8/2019 Page 196 of 232 Back to Agenda 3. The City will not waive its right to subrogation against the Consultant. The Consultant's insurance shall be endorsed acknowledging that the City will not waive their right to subrogation. The Consultant's insurance shall be endorsed to waive the right of subrogation against the City, or any self-insurance, or insurance pool coverage maintained by the City. 4. If any coverage is written on a "claims made" basis, then a minimum of a three (3) year extended reporting period shall be included with the claims made policy, and proof of this extended reporting period provided to the City. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage The Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. 14. Assigning or Subcontracting. The Consultant shall not assign, transfer, subcontract or encumber any rights, duties, or interests accruing from this Agreement without the express prior written consent of the City, which consent may be withheld in the sole discretion of the City. 15. Notice. Any notices required to be given by the City to the Consultant or by the Consultant to the City shall be in writing and delivered to the parties at the following addresses: Robert Putaansuu Mayor 216 Prospect Street Port Orchard, WA 98366 Phone: 360.876.4407 Fax: 360.895.9029 CONSULTANT CodePros, LLC, Attn: Michael Barth Building Official/Managing Member P.O. Box 185 Allyn, WA 98524 Phone: 360-801-0543 E-mait:mbarth@bcodeproswa.com 16. Resolution of Disputes and Governing Law. A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the term or provision's true intent or meaning. The Mayor shall also decide all questions which may arise between the parties relative to the actual services provided or to the sufficiency of the performance hereunder. B. If any dispute arises between the City and the Consultant under any of the provisions of this Agreement which cannot be resolved by the Mayor's determination in a reasonable time, or if the Consultant does not agree with the Mayor's decision on a disputed matter, jurisdiction of any resulting litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington. C. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In any suit or action instituted to enforce any right granted in this Agreement, the City of Port Orchard and CodePros. LLC Professional Service Agreement Contract No. UAStaff Reports GS50-05A-13\2021\20210713i7D 02 2020 MASTER Prof Svcs template CA Approved.docx Rev 7/ 18/2019 7ofII Page 197 of 232 substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorneys' fees from the other party. 17. General Provisions. A. Non -waiver of Breach. The failure of either party to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein contained in one or more instances, shall not be construed to be a waiver or relinquishment of said covenants, agreements, or options, and the same shall be in full force and effect. B. Modification. No waiver, alteration, modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Consultant. C. Severability. The provisions of this Agreement are declared to be severable. If any provision of this Agreement is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other provision. D. Entire Agreement. The written provisions of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner whatsoever, the Agreement or the Agreement documents. The entire agreement between the parties with respect to the subject matter hereunder is contained in this Agreement and the Exhibits attached hereto, which may or may not have been dated prior to the execution of this Agreement. All of the above documents are hereby made a part of this Agreement and form the Agreement document as fully as if the same were set forth herein. Should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, then this Agreement shall prevail. 18. Title VI The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, must affirmatively insure that its contracts comply with these regulations. Therefore, during the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The Consultant will comply with the Acts and the Regulations relative to Nondiscrimination in Federally -assisted programs of the U-S. Department of Transportation, Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made a part of this Agreement. 2. Nondiscrimination: The Consultant, with regard to the work performed by it during this Agreement, will not discriminate on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Consultant will not participate directly or City of Porl Orchard and CodePros, LLC Professional Service Agreement Contract No. 074-21 UACwcrscts12021%C074-21 CodePros\C074-21 CodePros.docx 8 of 1 1 Rev 7/18/2019 Page 198 of 232 Back to Agenda indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in Exhibit C, attached hereto and incorporated herein by this reference, including employment practices when this Agreement covers any activity, project, or program set forth in Appendix B of 49 C.F.R. part 21. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Consultant for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Consultant of the Consultant's obligations under this Agreement and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP. Information and Reports: The Consultant will provide all information and reports required by the Acts, the Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish the information, the Consultant will so certify to the City or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: in the event of the Consultant's noncompliance with the Non- discrimination provisions of this Agreement, the City will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: l . withholding payments to the Consultant under the Agreement until the contractor complies; and/or 2. cancelling, terminating, or suspending the Agreement, in whole or in part. 6. Incorporation of Provisions: The Consultant will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Consultant will take action with respect to any subcontract or procurement as the City or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Consultant becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Consultant may request the City to enter into any litigation to protect the interests of the City. In addition, the Consultant may request the United States to enter into the litigation to protect the interests of the United States. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set forth above. CITY OF PORT ORCHARD, CONSULTANT WASHINGTON By: By: Robert Putaansuu, Mayor Name: Michael Barth ATTEST/AUTHEN—TJQATE: City of Pori Orchard Professional Service, �* _ WContract5\2021TON-21 ('plePl6a(`R.1.11 Codepqkdw SEAL 3 "'91��'r:;MBE;R�; 11001TrilitiiS�µ`"� Title: Managing Member 9of11 Rev 7/1 K2019 Page 199 of 232 Brandy Rinearson, MMC City Clerk APPROV - 1jS TO FORM: By: J/ Otte A. Archer, City Attorney City of Port Orchard and CodePros, LLC Professional Service Agreement Contract No, 074-21 UACwtraas=IkC074-21 Co&Pms%C074-21 CodeProxdocx Rev 7/18/2019 10of11 Page 200 of 232 Exhibit C During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin), and 49 C.F.R. Part 2L • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 C.F.R. Part 27; • The Age Discrimination Act of 1975, as amended, (42 U S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC§ 471, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of I987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub - recipients and contractors, whether such programs or activities are Federally funded or not); • Titles I1 and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems; places of public accommodation, and certain testing entities (42 U.S.C. §§ 121.3I-12189) as implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race. color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations. which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to -ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). City of Port Orchard and CodePros, LLC Professional Service Agreement Contract No. 074-21 UACmtram\2021kC074-21 Codefts% 074-21 CodePros.doc. II of I[ Rev 7/18/2019 Page 201 of 232 Back to Agenda EXHIBIT A Scope of Work/List of Services Provided by CodePros, LLC for the City of Port Orchard, WA CodePros Professional Services Agreement dated 5u,,e C3 , 2021. Note: This list of services can be updated and amended as necessary to ensure the City's needs are met and the services provided satisfy the City, property owners, and the building community. Plan Review services provided as part of the agreement Perform plan review on select building projects in the City on a non-exclusive, as -needed basis as requested by the City's building official or administrator. These may include any type of construction project, such as, without limitation: single-family residential construction; multi -family residential construction; new commercial, industrial, and institutional construction; as well as tenant improvements and/or remodeling projects in any existing buildings. Building plan review will, as directed by City staff, include review of foundation systems, structural systems, plumbing and mechanical systems and energy code provisions to determine compliance with the Washington State Building Code, along with the Plumbing, Mechanical, Fuel -Gas and Energy Codes, and any local amendments adopted by the City of Port Orchard. Follow-up plan review of corrections of identified items is included. Plan Review turn -around time -frame_ Project Size based on Valuation: IRC Residential Projects IBC Small Commercial Project (Valuation less than $11VI) IBC Large Commercial Project (Valuation $1M to $10M) IBC Exceptionally Large Project (Valuation greater than $10M) ets are as follows Plan Review Turnaround time to first comments: Goal 10 working days 95% 15 working days 95% 20 working days 99% i i 25 working days I i 99% Other Services provided as part of the agreement: o Provide code interpretations and professional opinions as requested by the City o On -call building inspections as requested by the City (minimum 48 hours notice) o Communicate and coordinate efforts with professional partner employees, service providers, and other jurisdiction staff, elected officials and other agencies o Provide regular status and activity reports o Maintain proper legal records, provide document storage, and respond to public disclosure records requests By acceptance of the Professional Service Agreement and Exhibits A & B, the City hereby authorizes the Consultant to perform supplemental building plan review services and/or building and structure inspections services within the incorporated boundaries of the City on an as -needed, non-exclusive basis as directed by City staff based upon the Washington State Building Codes and any other adopted codes and state and local amendments, or applicable State and Federal requirements, and other City adopted regulations, standards, and requirements related to building construction (collectively, the "City's Codes"). CodePros. LLC, City of Port Orchard - Service Agreement Exhibit A Page 202 of 232 Back to Agenda EXHIBIT B Fee Schedule for Building Department Services by CodePros, LLC. for the City of Port Orchard. CodePros Services Agreement dated ALL,, 1, , 2021. CodePros' Plan Review Service Fees: o Building Plan Review Service Fee (Commercial > $1 M) 55% of City's review fee o Building Plan Review Service Fee (Commercial = < $1 M) 60% of City's review fee o Building Plan Review Service Fee (New 1-2 Family Residential) 65% of City's review fee o Building Plan Review Service Fee (Other Residential) 75% of City's review fee o Attendance of Pre-Ap conference for projects > $1 M valuation no charge o Attendance of Pre-Ap conference for projects =<$1 M valuation $50.00 per hour o Fire Code Plan Review $80.00 per hour (Plan review and permit fees that are the basis of this agreement shall be based on the fee schedule as adopted by the City of Port Orchard, utilizing the fee table as shown in the city's adopted fee resolution (034-20), as of the date of this agreement. Plan Review fees are established as 65% of the permit fee. Project valuations shall be defined as the total value of all construction work for which the permit is issued, and shall include but not be limited to: roofing, electrical, plumbing, heating, air conditioning, elevators, fire extinguishing systems, and permanent equipment. The valuation shall be, at a minimum, as determined by utilizing the most recently published "Square Foot Construction Costs" table published by the International Code Council in its "Building Safety Journal" magazine.) Other Fees: o Supplemental On -Call building inspections o Project Support (upon specific request of jurisdiction) o Inspections outside of business hours o Investigative Services and/or testimony o Code Enforcement Activities (as requested by City) o Code consultation and/or code interpretation, not associated with plan review services above o Analysis of alternate methods and/or materials o Structural engineering review by P.E. (projects<$4M) o Structural engineering review by P.E. (projects>$4M) Terms: $70.00 per hour 65% of City's review & permit fee $120.00 per hour, (2 hour minimum) $150.00 per hour $95.00 per hour $80.00 per hour $80.00 per hour (actual costs) no additional charge CodePros bills for the previous month, by the third business day of the month, payable within 30 days. Plan review: 60% of fee due upon first comments, the remaining 40% upon completion of the final review. If billing discrepancies are identified by the City, such discrepancy shall be brought to the attention of the Company prior to the payment due date. CodePros. LLC, City of Port Orchard - Service Agreement Exhibit B Page 203 of 232 City of Port Orchard 216 Prospect Street Port Orchard WA 98366 n oINYI _A�_ (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 81 Subject: Approval of a Contract with SAFEBuilt Consultants for Buildine/Fire Code Plan Review and Building Code Inspection Services Back to Agenda Meeting Date: April 12, 2022 Prepared by: Nick Bond DCD Director Atty Routing No.: N/A Atty Review Date: N/A Summary: The City relies on consultants to support the Building Department for plan review and inspection services under the City's building codes. On January 5, 2022, the City DCD used its consultant roster hosted by MRSC to select a consultant for personal services, under a main category of Building Department Services and a subcategory of Building Inspection Services. After reviewing statements of qualification posted on the roster, the City selected SafeBuilt and requested a scope and fee structure for Building Department services. A contract was negotiated for an amount not to exceed $140,000 through 2023. The scope provides for a variety of services and the fee structure varies depending on the service provided. The fee schedule is attached to the contract as Exhibit B. It is unlikely that the City will reach the contract amount prior to the end of 2023 but given permitting volumes and the City's targets for time periods in which to turn around building permit applications, the contract does provide flexibility to allow the City to maintain levels of service. There is currently a considerable backlog of building permits awaiting review with more coming in each day. The proposed resolution authorizing approval of the contract includes a limited waiver of procurement policies because a process that included qualifications and price was desired over seeking sealed bids. Using price and qualifications in allowed under state law and is consistent with MRSC guidance, but the city's adopted policies are more stringent. Recommendation: Staff recommends approval of a resolution authorizing the mayor to execute a contract with SafeBuilt as presented. Relationship to Comprehensive Plan: N/A Motion for consideration: "I move to approve resolution providing a limited procurement policy waiver and authorizing the mayor to execute a contract with SafeBuilt for fire code plan review and building code inspection services as presented." Fiscal Impact: The contract is not to exceed $140,000 during the 2022-2023 budget years. The City's building permit and plan check fee revenues are greatly above budgeted revenues. While a budget amendment is likely required, there are corresponding revenues to offset these new expenditures. Alternatives: Hire additional staff building inspectors and plan reviewers. Attachments: Resolution, Contract. Page 204 of 232 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH SAFEBUILT WASHINGTON LLC FOR BUILDING, PLANNING, AND MECHANICAL INSPECTION SERVICES, AND REMOTE PLAN REVIEW SERVICES. WHEREAS, the City's Department of Community Development identified the operational need for as -needed consulting building, planning, and mechanical inspection services, and remote plan review services to meet the current demand; and WHEREAS, on January 5, 2022, pursuant to the City's procurement policies and procedures, Staff established a list of qualified consultants from the 2022 MRSC Consultant Roster for the Main Category — Building Department Services and Sub -Category — Building Inspection Services, by evaluating the statements of qualification on file with MRSC for the firms listed on the Roster; and WHEREAS, the City utilizes two other building consultants, procured via the roster, as of January 5, 2022, but due to extremely high permitting volumes, and the need to supplement the availability of those providers, the City wishes to add an additional on -call building services consultant; and WHEREAS, Staff evaluated the statements of qualification available through the MRSC consultant roster, and determined that Safebuilt Washington, LLC was the most highly qualified firm not already under contract the city to perform these professional services; and WHEREAS, Staff negotiated a contract with Safebuilt Washington, LLC for the performance of these professional services and recommends Council approval of the selected consultant; and WHEREAS, staff seeks a waiver of the City's procurement policies which requires selection of a vendor based exclusively on cost, without consideration of the qualifications and expertise of the selected vendor, and staff identified that Consultant's qualifications, expertise and experience make Consultant the most highly qualified consultant, to the benefit of the City's ability to meet the needs of the community; and WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State Auditor's Office, wishes to document their consultant selection process as described above for this particular contract by Resolution; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. Page 205 of 232 Back to Agenda Page 2 of 2 THAT: The City Council approves of and authorizes the Mayor to execute a contract with Safebuilt Washington, LLC for as -needed consulting building, planning, and mechanical inspection services, and remote plan review services, in the amount of $140,000. THAT: The City Council authorizes a limited waiver of the City's Procurement Policies and Procedures, adopted via Resolution No. 042-20, for this contract and amendment for the reasons identified herein, and ratifies all actions previously taken consistent with this authorization. THAT: The Resolution shall take full force and effect upon passage and signatures hereon. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 121" day of April 2022. ATTEST: Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 206 of 232 CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT THIS Agreement is made effective as of the -day of , 20, ("Effective Date") by and between the City of Port Orchard, a municipal corporation, organized under the laws of the State of Washington, whose address is: CITY OF PORT ORCHARD, WASHINGTON (hereinafter the "CITY") 216 Prospect Street Port Orchard, Washington 98366 Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029 and, SAFEbuilt Washington, LLC a corporation, organized under the laws of the State of Delaware, doing business at: SAFEbuilt Washington, LLC 3755 Precision Drive, Suite 140 Loveland, Colorado 80538 Contact: Phone: 206.462.7030 (hereinafter the "CONSULTANT") for professional services in connection with the following Project: As -Requested Building, Planning, and Mechanical Inspection Services, and Remote Plan Review Services. TERMS AND CONDITIONS 1. Services by Consultant. A. The Consultant shall perform the services described in the Scope of Work attached to this Agreement as Exhibit "A" The services performed by the Consultant shall not exceed the Scope of Work without prior written authorization from the City. B. The City may from time to time require changes or modifications in the Scope of Work. Such changes, including any decrease or increase in the amount of compensation, shall be agreed to by the parties and incorporated in written amendments to the Agreement. 2. Schedule of Work. A. The Consultant shall perform the services described in the Scope of Work in accordance with the tasks identified within Exhibit "A" and the terms of this Agreement. If delays beyond the Consultant's reasonable control occur, the parties will negotiate in good faith to determine whether an extension is appropriate. B. The Consultant is authorized to proceed with services upon receipt of a written Notice to Proceed. City of Port Orchard and Professional Service Agreement Contract No. 1 of 10 Page 207 of 232 3. Terms. This Agreement shall commence upon the Effective Date stated above of the Agreement and shall terminate December 31, 2023 unless extended or terminated in writing as provided herein. The City reserves the right to offer two (2) one-year extensions prior to contract expiration to retain the selected company's services. 4. Compensation. TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed $ 140,000 without advance written authorization by the City and will be based on the list of billing rates and reimbursable expenses attached hereto as Exhibit "A" 5. Payment. A. The Consultant shall maintain time and expense records and provide them to the City monthly after services have been performed, along with monthly invoices in a format acceptable to the City for work performed to the date of the invoice. B. All invoices shall be paid by City warrant within thirty (30) days of receipt of a proper invoice. If the City objects to all or any portion of any invoice, it shall so notify the Consultant of the same within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in dispute, and the parties shall immediately make every effort to settle the disputed portion. C. The Consultant shall keep cost records and accounts pertaining to this Agreement available for inspection by City representatives for three (3) years after final payment unless a longer period is required by a third -party agreement. Copies shall be made available on request. D. On the effective date of this Agreement (or shortly thereafter), the Consultant shall comply with all federal and state laws applicable to independent contractors, including, but not limited to, the maintenance of a separate set of books and records that reflect all items of income and expenses of the Consultant's business, pursuant to Revised Code of Washington (RCW) 51.08.195, as required by law, to show that the services performed by the Consultant under this Agreement shall not give rise to an employer -employee relationship between the parties, which is subject to Title 51 RCW, Industrial Insurance. E. If the services rendered do not meet the requirements of the Agreement, the Consultant will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 6. Discrimination and Compliance with Laws A. The Consultant agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide occupational qualification. B. Even though the Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure the satisfactory City of Port Orchard and Professional Service Agreement Contract No. 2of10 Page 208 of 232 ck to A enda completion thereof The Consultant agrees to comply with all federal, state and municipal laws, rules and regulations that are now effective or become applicable within the term(s) of this Agreement to the Consultant's business, equipment and personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations. C. The Consultant shall obtain a City of Port Orchard business license prior to commencing work pursuant to a written Notice to Proceed. D. Violation of this Paragraph 6 shall be a material breach of this Agreement and grounds for cancellation, termination, or suspension of the Agreement by the City, in whole or in part, and may result in ineligibility for further work for the City. 7. Relationship of Parties. The parties intend that an independent contractor -client relationship will be created by this Agreement. As the Consultant is customarily engaged in an independently established trade which encompasses the specific service provided to the City hereunder, no agent, employee, representative or sub -consultant of the Consultant shall be or shall be deemed to be the employee, agent, representative or sub -consultant of the City. In the performance of the work, the Consultant is an independent contractor with the ability to control and direct the performance and details of the work, the City being interested only in the results obtained under this Agreement. None of the benefits provided by the City to its employees, including but not limited to compensation, insurance, and unemployment insurance, are available from the City to the employees, agents, representatives or sub - consultants of the Consultant. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents, employees, representatives and sub -consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work that the Consultant performs hereunder. 8. Suspension and Termination of Agreement A. Termination without cause. This Agreement may be terminated by the City at any time for public convenience, for the Consultant's insolvency or bankruptcy, or the Consultant's assignment for the benefit of creditors. Consultant may terminate this Agreement upon ninety (90) days written notice, with or without cause and with no penalty or additional cost. In case of such termination, Consultant shall be entitled to receive payment for work completed prior to the date of termination. Consultant's termination for convenience does not constitute a default or breach of this Agreement. B. Termination with cause. This Agreement may be terminated upon the default of the Consultant and the failure of the Consultant to cure such default within a reasonable time after receiving written notice of the default. C. Rights Upon Termination. 1. With or Without Cause. Upon termination for any reason, all finished or unfinished documents, reports, or other material or work of the Consultant pursuant to this Agreement shall be submitted to the City, and the Consultant shall be entitled to just and equitable compensation for any satisfactory work completed prior to the date of termination, not to exceed the total compensation set forth herein. The Consultant shall not be entitled to any reallocation of cost, profit or overhead. The Consultant shall not in any event be entitled to anticipated profit on work not performed because of such termination. The Consultant shall use its best efforts to minimize the compensation payable under this Agreement in the event of such City of Port Orchard and Professional Service Agreement Contract No. 3of10 Page 209 of 232 termination. Upon termination, the City may take over the work and prosecute the same to completion, by contract or otherwise. 2. Default. If the Agreement is terminated for default, the Consultant shall not be entitled to receive any further payments under the Agreement until all work called for has been fully performed. Any extra cost or damage to the City resulting from such default(s) shall be deducted from any money due or coming due to the Consultant. The Consultant shall bear any extra expenses incurred by the City in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained, by the City by reason of such default. D. Suspension. The City may suspend this Agreement, at its sole discretion. Any reimbursement for expenses incurred due to the suspension shall be limited to the Consultant's reasonable expenses, and shall be subject to verification. The Consultant shall resume performance of services under this Agreement without delay when the suspension period ends as long as such suspension does not exceed thirty (30) days. E. Notice of Termination or Suspension. If delivered to the Consultant in person, termination shall be effective immediately upon the Consultant's receipt of the City's written notice or such date as stated in the City's notice of termination, whichever is later. Notice of suspension shall be given to the Consultant in writing upon one week's advance notice to the Consultant. Such notice shall indicate the anticipated period of suspension. Notice may also be delivered to the Consultant at the address set forth in Section 15 herein. 9. Standard of Care. The Consultant represents and warrants that it has the requisite training, skill and experience necessary to provide the services under this Agreement and is appropriately accredited and licensed by all applicable agencies and governmental entities. Services provided by the Consultant under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing in similar circumstances. 10. Ownership of Work Product. A. All data, materials, reports, memoranda, and other documents developed under this Agreement whether finished or not shall become the property of the City, shall be forwarded to the City at its request and may be used by the City as it sees fit. Upon termination of this Agreement pursuant to paragraph 8 above, all finished or unfinished documents, reports, or other material or work of the Consultant pursuant to this Agreement shall be submitted to the City. Any reuse or modification of such documents, reports or other material or work of the Consultant for purposes other than those intended by the Consultant in its scope of services under this Agreement shall be at the City's risk. B. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in the Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, the Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. The Consultant is permitted to disclose any such information only to the extent required by law, subpoena or other court order. 11. Work Performed at the Consultant's Risk. The Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents and sub -consultants in the performance of City of Port Orchard and Professional Service Agreement Contract No. 4of10 Page 210 of 232 the work hereunder, and shall utilize all protection necessary for that purpose. All work shall be done at the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held by the Consultant for use in connection with the work. 12. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorneys' fees, to the extent arising out of or resulting from the negligent acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries or damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. The provisions of this section shall survive the expiration or termination of this Agreement. 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. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. 13. Insurance. The Consultant shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or a substitute form providing equivalent liability coverage and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named by endorsement as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. City of Port Orchard and Professional Service Agreement Contract No. 5of10 Page 211 of 232 B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 3. Workers' Compensation Employer's Liability each accident $1,000,000, Employer's Liability Disease each employee $1,000,000, and Employer's Liability Disease — Policy Limit $1,000,000. 4. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City will not waive its right to subrogation against the Consultant. The Consultant's insurance shall be endorsed acknowledging that the City will not waive their right to subrogation. The Consultant's insurance shall be endorsed to waive the right of subrogation against the City, or any self-insurance, or insurance pool coverage maintained by the City. 4. If any coverage is written on a "claims made" basis, then a minimum of a three (3) year extended reporting period shall be included with the claims made policy, and proof of this extended reporting period provided to the City. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage City of Port Orchard and Professional Service Agreement Contract No. 6of10 Page 212 of 232 The Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. 14. Assigning or Subcontracting. The Consultant shall not assign, transfer, subcontract or encumber any rights, duties, or interests accruing from this Agreement without the express prior written consent of the City, which consent shall not be unreasonably withheld.. 15. Notice. Any notices required to be given by the City to the Consultant or by the Consultant to the City shall be in writing and delivered to the parties at the following addresses: Robert Putaansuu Mayor 216 Prospect Street Port Orchard, WA 98366 Phone: 360.876.4407 Fax: 360.895.9029 CONSULTANT Joe DeRosa, CFO SAFEbuilt Washington, LLC 3755 Precision Drive #140 Loveland, CO 80538 Email: jderosa@safebuilt.com 16. Resolution of Disputes and Governing Law. A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the term or provision's true intent or meaning. The Mayor shall also decide all questions which may arise between the parties relative to the actual services provided or to the sufficiency of the performance hereunder. B. If any dispute arises between the City and the Consultant under any of the provisions of this Agreement which cannot be resolved by the Mayor's determination in a reasonable time, or if the Consultant does not agree with the Mayor's decision on a disputed matter, jurisdiction of any resulting litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington. C. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In any suit or action instituted to enforce any right granted in this Agreement, the substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorneys' fees from the other parry. 17. General Provisions. A. Non -waiver of Breach. The failure of either party to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein contained in one or more instances, shall not be construed to be a waiver or relinquishment of said covenants, agreements, or options, and the same shall be in full force and effect. B. Modification. No waiver, alteration, modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Consultant. C. Severability. The provisions of this Agreement are declared to be severable. If any provision of this Agreement is for any reason held by a court of competent jurisdiction to be invalid or City of Port Orchard and Professional Service Agreement Contract No. 7of10 Page 213 of 232 unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other provision. D. Entire Agreement. The written provisions of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner whatsoever, the Agreement or the Agreement documents. The entire agreement between the parties with respect to the subject matter hereunder is contained in this Agreement and the Exhibits attached hereto, which may or may not have been dated prior to the execution of this Agreement. All of the above documents are hereby made a part of this Agreement and form the Agreement document as fully as if the same were set forth herein. Should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, then this Agreement shall prevail. 18. Title VI The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, must affirmatively insure that its contracts comply with these regulations. Therefore, during the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The Consultant will comply with the Acts and the Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation, Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made a part of this Agreement. 2. Nondiscrimination: The Consultant, with regard to the work performed by it during this Agreement, will not discriminate on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Consultant will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in Appendix A, attached hereto and incorporated herein by this reference, including employment practices when this Agreement covers any activity, project, or program set forth in Appendix B of 49 C.F.R. part 21. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Consultant for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Consultant of the Consultant's obligations under this Agreement and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP. 4. Information and Reports: The Consultant will provide all information and reports required by the Acts, the Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of the Consultant is in the exclusive possession of City of Port Orchard and Professional Service Agreement Contract No. 8of10 Page 214 of 232 another who fails or refuses to furnish the information, the Consultant will so certify to the City or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the Non- discrimination provisions of this Agreement, the City will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: 1. withholding payments to the Consultant under the Agreement until the contractor complies; and/or 2. cancelling, terminating, or suspending the Agreement, in whole or in part. 6. Incorporation of Provisions: The Consultant will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Consultant will take action with respect to any subcontract or procurement as the City or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Consultant becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Consultant may request the City to enter into any litigation to protect the interests of the City. In addition, the Consultant may request the United States to enter into the litigation to protect the interests of the United States. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set forth above. CITY OF PORT ORCHARD, WASHINGTON Robert Putaansuu, Mayor Date: ATTEST/AUTHENTICATE: Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: Charlotte A. Archer, City Attorney CONSULTANT SAFEbuilt Washington, LLC By: Name: Avner Alkhas Date: Title: CFO City of Port Orchard and Professional Service Agreement Contract No. 9of10 Page 215 of 232 APPENDIX A During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 C.F.R. Part 27; • The Age Discrimination Act of 1975, as amended, (42 U .S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC§ 471, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub - recipients and contractors, whether such programs or activities are Federally funded or not); • Titles 11 and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to -ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). City of Port Orchard and Professional Service Agreement Contract No. 10of10 Page 216 of 232 Back to Agenda EXHIBIT A — SCOPE OF SERVICES AND FEE SCHEDULE 1. LIST OF SERVICES As -Requested Building, Plumbing, Mechanical Inspection Services ✓ Consultant utilizes an educational, informative approach to improve the customer's experience. ✓ Perform code compliance inspections to determine that construction complies with approved plans ✓ Meet or exceed agreed upon performance metrics regarding inspections ✓ Provide onsite inspection consultations to citizens and contractors while performing inspections ✓ Return calls and emails from permit holders in reference to code and inspection concerns ✓ Identify and document any areas of non-compliance ✓ Leave a copy or provide an electronic version of the inspection results and discuss inspection results with site personnel As-Reauested Remote Plan Review Services ✓ Provide plan review services electronically or in the traditional paper format ✓ Review plans for compliance with adopted building codes, local amendments or ordinances ✓ Be a resource to applicants on submittal requirements and be available throughout the process ✓ Provide feedback to keep plan review process on schedule ✓ Communicate plan review findings and recommendations in writing ✓ Return a set of finalized plans and all supporting documentation ✓ Provide review of plan revisions and remain available to applicant after the review is complete Remote Plan Conveyance ✓ Electronic plan submittals will be reviewed and returned electronically ✓ Applicant will submit number of hardcopies required by Municipality ✓ Consultant will return plans and supporting documents Reporting Services ✓ Consultant will work with Municipality to develop a mutually agreeable reporting schedule and format 2. MUNICIPAL OBLIGATIONS ✓ Municipality will issue permits and collect all fees ✓ Municipality will provide Consultant with a list of requested inspections and supporting documents ✓ Municipality will intake plans and related documents for pick up by Consultant or submit electronically TIME OF PERFORMANCE ✓ Consultant will perform Services during normal business hours excluding Municipal holidays ✓ Services will be performed on an as -requested basis ✓ Inspectors will be dispatched on an as -requested basis ✓ Consultant representative(s) will be available by phone and email Deliverables INSPECTION SERVICES Perform inspections received from the Municipality prior to 4:00 pm next business day PRE -SUBMITTAL MEETINGS Provide pre -submittal meetings to applicants by appointment PLAN REVIEW Provide comments within the following timeframes: TURNAROUND TIMES Day 1 = first full business day after receipt of plans and all supporting documents Proiect Type: First Comments Second Comments ✓ Single-family within 10 business days 5 business days or less ✓ Multi -family within 10 business days 5 business days or less ✓ Small commercial within 10 business days 5 business days or less (under $2M in valuation) ✓ Large commercial within 20 business days 10 business days or less Page 1 of 2 Page 217 of 232 Back to Agenda 4. FEE SCHEDULE ✓ Municipality and Consultant will review the Municipal Fee Schedule and valuation tables annually to discuss making adjustments to reflect increases in the costs incurred by Consultant to provide Services. ✓ Beginning January 01, 2023 and annually thereafter, the hourly rates listed shall be increased based upon the annual increase in the Department of Labor, Bureau of Labor Statistics or successor thereof, Consumer Price Index (United States City Average, All Items (CPI-U), Not Seasonally adjusted, All Urban Consumers, referred to herein as the "CPI") for the Municipality or, if not reported for the Municipality the CPI for cities of a similar size within the applicable region from the previous calendar year, such increase, however, not to exceed 4% per annum. The increase will become effective upon publication of the applicable CPI data. If the index decreases, the rates listed shall remain unchanged. ✓ Consultant fees for Services provided pursuant to this Agreement will be as follows: Service Fee Schedule: Inspection Services $105.00 per hour — one (1) hour minimum • Building, Mechanical, Plumbing Plan Review Services • Residential and Commercial 55% of Municipal Plan Check Fee as established by ordinance or resolution • Excludes fire review Fire Plan Review Services $150.00 per hour — one (1) hour minimum Pre -Submittal Meetings $125.00 per hour — one (1) hour minimum Structural Engineering Plan Review $150.00 per hour — one (1) hour minimum After Hours/Emergency Inspection Services $125.00 per hour —two (2) hour minimum Hourly time tracked will start when Consultant checks in at Municipality or first inspection site. Page 2 of 2 Page 218 of 232 0 .. I IV Back to Agenda r W City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 •FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 8J Meeting Date: April 12, 2022 Subject: Memorandum of Understanding Prepared by: Charlotte Archer Regarding In Re: National Prescription City Attorney Opiate Litigation, Case No. 1:17-MD-2804, Atty Routing No.: 366922-0005 — Clerk United States District Court Atty Review Date: April 8, 2022 Summary: In 2016 and 2017, a consortium of public agencies across the United States filed legal actions against the manufacturers and distributors of prescription opioids. These plaintiffs alleged that the manufacturers of prescription opioids grossly misrepresented the risks of long-term use of those drugs for persons with chronic pain, and distributors failed to properly monitor suspicious orders of those prescription drugs --all of which contributed to the current opioid epidemic. All litigation was consolidated by order of the Court into a class action; all cities in Washington with a population of over 10,000 were participating members of the class action. During the life of the litigation, the action has splintered. For example, Purdue Pharmaceuticals (one of the defendants) entered bankruptcy, and the claims against that defendant are proceeding through the bankruptcy court. A Plaintiffs' Executive Committee, acting on behalf of the Plaintiffs' class, reached resolution as to claims asserted against manufacturer Johnson & Johnson, and distributors AmerisourceBergen, Cardinal Health and McKesson as well as their subsidiaries, affiliates, officers, and directors. Relationship to Comprehensive Plan: N/A Recommendation: Receive briefing on litigation posture and take action, if necessary. Motion for Consideration: N/A Fiscal Impact: Unknown Alternative: N/A Attachment: The MOU is not a public document as it is a privileged litigation material; it is, therefore not attached. Page 219 of 232 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 8K Subject: Approval of a Road Closure for a Special Event: The Unforgotten Run to Tahoma Back to Agenda Meeting Date: April 12, 2022 Prepared by: Brandy Wallace, MMC Atty Routing No: Atty Review Date City Clerk 366922-0005 Clerk 04/08/2022 Summary: City staff received a Special Event application for The Unforgotten Run to Tahoma event scheduled for Saturday, May 28, 2022. The application states the following: EVENT: The Unforgotten: Run to Tahoma TYPE: Celebration of Life; Formal Processional DATE: Saturday, May 28, 2022 TIME: Open to public at 10:00 a.m. until 11:30 a.m. LOCATION: Kitsap County Administration Building on Division Street CLOSURE(S): Division Street, between Cline Avenue and Sidney Avenue. Pursuant to Port Orchard Municipal Code 5.94.050(4)—recently amended by Council --staff shall bring forward the special event application to the City council for approval when the event requires a street or highway closure. In last year's code revision, the expedited process for applications were removed and despite staff's effort to communicate this change to historical event organizers this event organizer was unaware of the change. Since there are no provisions to allow "grandfathered" event holders an exemption of time requirements, the applicant is asking Council to modify the permit requirement by waiving the time restriction of submitting an application 120 days before the date of the special event to take place, as outlined in POMC 5.94.030 (4). Due to the timing of adoption of this new deadline, there are no other events that Staff is aware of that a waiver would impact. Relationship to Comprehensive Plan: N/A Recommendation: Staff supports the application. Motion for consideration: I move to approve the road closure for the Unforgotten Run event taking place on Saturday, May 28, 2022, as presented, and to waive POMC 5.94.030(4) for this event. Fiscal Impact: None. Page 220 of 232 Back to Agenda J Item 8K Page 2 of 2 Alternatives: Deny the road closure and not modify the time submittal requirement. Attachments: Application, including maps and traffic flow map Page 221 of 232 Back to Agenda ORCHARD SPECIAL EVENT PERMIT APPLICATION (PORT ORCHARD MUNICIPAL CODE 5.94 AND 5.96) STANDARD PROCESSING FEE: $50AO ADDITIONAL EXPEDITED FEE (LESSTHAN90BUTNIORETHAN 30 DAYSBEFORE EVENT): $50.00 Event Overview Name of event:The Unforgotten: Run to Tahoma Location of event: Type of Event: estival alk/Run arad endor Fair lock Party Event or Organization Website: https://www.kitsapgov.com/hs/PagesN, Description of event: Each year, the Kitsap County Board of Commissioners, Kitsap County Coroner's Office, Kitsap County Veterans Advisory Board and Combat Veterans International host The Unforgotten, Run to Tahoma Celebration of Life Ceremony on Memorial Day weekend. The event includes Admission Fees: Does your event require a paid fee for participants and/or spectators? es o Does your event require minimum or suggested donation for participants and/or spectators? Yes ✓ Vo Admission/participation fee/ suggest donations amount(s): Event Details Set Up Starts: Take Down Complete: Start Day: Start Date: Start Time: End Day: End Date: End Time: Saturday 105/28/2022 8:OOam Saturday 05/28/2022 12:00pm Event Dates/Times: Indicate Dates/Times OPEN to attendees Expected Daily Attendance: Participants Spectators volunteers/staff Day: Date: Start Time: End Time: 250 300 ^� L Saturday 05/28/2022 10.00am 11:30am Day: Date: Start Time: End Time: Day: Date: Start Time: End Time: Additional details: (attach additional pages as needed for additional days or details) A brief ceremony will be held to honor the deceased veterans at the Kitsap County Administration building on Division Street. Immediately following the ceremony the remains will be escorted to the Tahoma National Cemetery. City of Port Orchard I Special Event Application Revised 31112022 Page 222 of 232 Page 3 of 10 Organization Information* Back to Agenda Name of Organization: Kitsap County Veterans Advisory Board Do you have an active City Business License? es V Vo What is your UBI number? Point of Contact Name: Richard Becker Street Address: 614 Division St. MS-23 Mailing Address: (if different from street address) City: Port Orchard State:WA zip:98366 City: State: Izip: Phone:360-337-4811 Alternate Phone:360-633-0202 I Email:rbecker@co.kitsap.wa.us *Please note the organization information provided may be shared for inquires made on event details Alcohol The sale, service and consumption of alcoholic beverages are subject to Washington State Liquor & Cannabis Board (WSLCB) regulations, licensing, and permit requirements. WSLCB Special Occasion and other Licenses and related fees for alcohol sales/service at events are not included in the City's Special Event Permit. Visit the WSLCB website, https://Icb.wa.igov/ for additional information and to apply for the appropriate license / Permit. Will alcohol be sold or consumed at your event?Yes* 00 *If yes, you must contact the Washington State Liquor and Cannabis Board fora special liquor license. Food You will need to reach out to the Kitsap Public Health District as they may require a temporary food establishment permit. Visit their website at https://kitsoppublichealth.ora/Feod5afetvlfood _v_endors.php or call (360) 728-2235 for information. Will your event have any food service and/or sales? Des Will your event have professional catering? ❑Yes Will your event have food trucks? ❑yes Will your event have food booths or food vendors? ❑yes Restrooms W)Vo If yes, how many: 7No If yes, how many: nNo If yes, how many: ZVo If yes, how many: Prove the number of restrooms that will be available to the public for your event: Required restrooms w Below is an example of the estimated amounts needed per the amount of users recommended in the FEMA Special Events Contingency Planning: Job Aids Manual. No. of users (50% male and 50%female) Minimum number of portable toilets Up to 240 3 250 to 499 4 500 to 900 6 1,000 to 1,999 12 2,000 to 2,999 25 3,000 to 3,999 38 4,000 to 4,999 50 Page 223 of 232 City of Port Orchard I Special Event Application Revised 31112022 Page 4 of 10 Garbage and Recycling Back to Age Collection Stations: How many bins are you providing as collection containers at your event? Recycle 1 Garbage 1 Will you manage your own recycling and garbage collection or will it be managed by a vendor? Self-Haul:Zkes No List vendor/company, if applicable: Detail your plan for waste management within the event area and surrounding neighborhood: Recycle and Trash recepticles will be available at the site of the ceremony in front of the Kitsap County Administration building. Event staff will assure the ceremony and surrounding areas on Division Street are clean before departing the site. Amplified Sound Does your event have any amplified sound? ZYes❑No Indicate dates/time of any amplified sound below: Day: Date: Start Time: End Time: Saturday 05/28/2022 9:30am 11:00am Day: Date: Start Time: End Time: Day: Date: Start Time: End Time: Describe what sound will be amplified, and at what hours (e.g., 7:00am announcements, 8:00am background music, etc.): 9:30am - background music and announcements will play as guests assemble. 10:00am - Speeches commence with patriotic music inserspersed through the one hour event. 11:00am - Ceremonies end. Describe what equipment will be used for amplified sound, and at what locations (show in maps): Amplifier, microphone, and two speakers on stands projecting from the front of the Kitsap County Administration Building toward the Court House across the street. Sound reflection from buildings is expected to keep volume levels low. Describe schematics and direction of amplified sound (show in maps, attach supporting documents as needed Amplification of sound will be minimal. Speakers will project from the front of the Administration Building toward the County Courthouse and Jail across the street. Noise levels generated shall not be in excess of allowable levels, consistent with POMC 9.24.050. For more information please contact the Port Orchard Police Department (360) 876-1700. Tents Does your event include a tent or membrane structure? Yes 7No[:]Vot Applicable If yes, what is the tent size: Does the tent have sides?[:]Yes7NcE:] NQt applicable May be required to obtain a permit per POMC 20.204.010 please contact Community Development (360) 874-5533, City of Port Orchard I Special Event Application Revised 31112022 Page 224 of 232 Page 5 of 10 Back to Agenda Use of City Right -of -Way and Parking Impacts Use of State Highway: Will this event require closure of a State Highway Street (Bay Street/SR166)? 7Yes ❑No For State Highway Closures (Bay Street), the sponsoring organization must submit the application to the city at least 120 calendar days before the event date. Upon city approval of the event, the sponsoring organization shall seek permission from the Washington State Department of Transportation (WSDOT) by completing an online application. Once permission is granted from WSDOT, a copy of the Letter of Acknowledgment or an Agreement will need to be provided to the city 45 days prior to the event WSDOT's online application is located at: https://www.wsdot.wa.gov/contact/ev_ents/special-events Use of Public Property (Right-of-way): Port Orchard Municipal Code 5.94.020(7) states "Right-of-way (ROW)" means any road, public parking lot, city street, highway, boulevard or place in the city open as a matter of right to public travel and shall include arterials, neighborhood streets, alleys, bicycle paths and pedestrian ways; including streets or portions thereof which are designated as portions of the state highway system." Will this event require closure of any of the below public property? ❑Yes 7No If yes, indicate what type of public property is requested to be closed and the location (select all that apply): City Parks: ❑Van Zee Park Paul Powers Park Parking Lots: Dot 1: between Orchard and Frederick streets on the north side of Bay Street ❑I.ot 2: between Frederick Street and Sidney Avenue, north of Bay St. McCormick Village Park ❑Central Park ❑Lot 3: five rows of parking west of Harrison Ave and east of and parallel to the library ❑ Lot 4: all parking east of Lot 3 and Harrison Ave and west of the Marina Park Dtta Turner Park Divens Park of 5: all parking on City all property in front of the Police department ❑Lot 6: abutting the landscaped area at the SW corner of the Bay St and Dekalb St intersection ❑� Sidewalks: Division Street between Sydney and Cline streets. Rockwell Park of 7: all parking spaced ocated on the library property which is limited to library staff only ❑Lot 8: employee parking lot east of City Hall adjacent to Prospect Alley which is between Kitsap Street and Prospect Street. Otreet(s) If requesting street closure, fill out the closure information below and provide a traffic control plan of the area impacted. Division, Sydney, and Tremont. Traffic Control Plan: Provide the name of the traffic control company you are using to direct traffic, manage road closures, and providing certified flaggers: We will use volunteers to direct visitors. City of Port Orchard I Special Event Application Revised 31112022 Page 6 of 10 Page 225 of 232 Back to Agenda Street Closure Details: Street Name: Divison Between (cross street): And (cross street): Start Date: Start Time: End Date: End Time: 11:00am Sydney Cline 05/28/20221 9:30am 05/28/2022 Sydney Division I Tremont 05/28/2022 11:00am 05/28/2022 11:15am Tremont Sydney SR16 05/28/2022 11:15am 05/28/2022 11:30am Additional details: (attach additional pages as needed for more streets and/or more details Elite riders will serve as intersection road guards. about use.) Parking Impacts Have parking impacts been coordinated with neighbors (residential/business)? 7Yes ❑No ❑Not Applicable If yes, how will parking be provided for participants and visitors (including handicapped parking)? The area of the ceremony is surrounded by Kitsap County owned builidings and parking area: Event Signage Are you planning to put up temporary signs' Yes W]Vo POMC 20.132.290 "Temporary sign" (which may include special event sign) means any sign that is used temporarily and is not permanently mounted, painted or otherwise affixed, excluding portable signs as defined by this chapter, including any poster, banner, placard, stake sign or sign not placed in the ground with concrete or other means to provide permanent support, stability and rot prevention. Temporary signs may only be made of nondurable materials including, but not limited to, paper, corrugated board, flexible, bendable or foldable plastics, foamcore board, vinyl canvas or vinyl mesh products of less than 20-ounce fabric, vinyl canvas and vinyl mesh products without polymeric plasticizers and signs painted or drawn with water soluble paints or chalks. Signs made of any other materials shall be considered permanent and are subject to the permanent sign regulations of this chapter. Please contact the Community Development Department at (360) 874-5533 if you have questions or if you need to apply for a sign permit. Vendors Does your event indicate vendors?❑Yes ZVo If so, will they be selling merchandise and/ or food? Des ❑No If so, how many anticipated exhibitors/vendors will be at your event? POMC 5.96, if your event has two or more vendors engaged in public property vending, you are required to have a Master Multi -Vendor Event License (MMVEL). The MMVEL fee is $15.00 per day or $200 per month. POMC 5.96.020(3)(a) states the City of Port Orchard I Special Event Application Revised 31112022 Page 7 of 10 Page 226 of 232 sponsor of the master event shall provide a list of participating vendors, their business names, i state Back to Agenda Tax Revenue Identification Numbers to the city clerk within three working days after the first &—, , , r...,...,,.. • No public vending is allowed within twenty-five (25) feet of any municipal building, monument, or fountain, OR within ten (10) feet of intersection sidewalks. • Vending devices must be removed from vending sites daily between the hours of 10:00 p.m. and 6:00 a.m. • Vending devices and vending sites must always be clean and orderly. The vendor must furnish a suitable refuse container and is responsible for the daily disposal of refuse deposited therein. Refuse containers must be removed each day along with vending devices. • Vendors may engage in public property vending only in the location specified in the public property license. The location shall be deemed the vending site. • Utility service connections are not permitted, except electrical when provided with written permission from the adjacent property owner. Electrical lines are not allowed overhead or lying in the pedestrian portion of the sidewalk. • No mechanical audio or noisemaking devices are allowed, and no hawking is allowed. ■ A vinyl or canvas umbrella may be added to the vending device, but its open diameter may not exceed eight and one- half feet. Any part of the umbrella must have a minimum of seven feet of vertical clearance to the area on which the vending device stands. • Individual vendor advertising signs may be placed only upon the vending device. Temporary master event advertising signs may be placed as approved by the city engineer; and • No conduct shall be permitted which violates any other section of the Port Orchard Municipal Code. Site Map A site map is required to be submitted which includes the following: Vendors: ❑ Yes ❑ No Not applicable Beer Garden: ❑ Yes ❑ No Not applicable Signage: ❑ Yes ❑ No Not applicable Tents: ❑Yes ❑ No W] Not applicable Public entrances and exits: Wl Yes ❑ No ❑ Not applicable Road closures and detours: ZlYes ❑ No ❑ Not applicable Traffic patterns: Zl es 1-1 No ❑ Not applicable Fire Lanes: ZlYes ❑ No ❑ Not applicable Garbage/Recycling: Z1 es ❑ No ❑ Not applicable Barricades: Yes ❑ No Not applicable ❑ First Aid: F Yes ❑ No ❑Not applicable Parking: 14 Yes ❑ No ❑ Not applicable Restrooms: � Yes ❑ No ❑ Not applicable if event is a run/walk, list start and stop locations and water/rest stations: ❑ Yes ❑ No 0 Not applicable City of Port Orchard I Special Event Application Revised 31112022 Page 8 of 10 Page 227 of 232 Back to Agen Insurance The sponsoring organization must provide an insurance certificate, with endorsements, at least 30 days prior to the event with the City of Port Orchard shown as Additional Named Insured with minimum coverage to be as follows: $1,000,000 Liability; $1,000,000 Bodily Injury Special Event Insurance for events held at city -owned facilities can be purchased at eventinsure.hubinternatlonal,com/. Release I certify that the event for which this permit is to be used will not be in violation of any City of Port Orchard ordinance. By applying for this special event permit, the organization or entity obtaining such permit agrees to defend, indemnify, and hold harmless the City, its officers, officials, employees and volunteers from all claims, injuries, damages, losses, or suits, including attorney fees and costs, arising out of or in conjunction with the activities or operations performed by the applicant or on the applicant's behalf resulting from the issuance of this permit, except for injuries and damages caused by the sole negligence of the City. The information on this form is considered a public record and is subject to public disclosure laws in Chapter 42.56 RCW. I, a e P ident or Chair of rganization, agree to the terms and conditions listed above. Signature of P dent/Chair of Organization Print Name Date Comments received by: Date final review sent: FOR CITY CLERK'S OFFICE USE ONLY Date $50 Permit Fee Received: ❑ Police ❑ Public Works ❑ Finance ❑ Community Development ❑ Kitsap Transit ❑ Clerk's Office ❑ Health District Date Insurance Certificate(s) Received: Does event require a Master Multi -Vendor License: ❑ Yes ❑ No If Yes: ❑ $15/day fee ❑ $200/monthly fee Number of days: Amount: Date fee paid: City of Port Orchard I Special Event Application Revised 31112022 Page 9 of 10 Page 228 of 232 Night St s Back to Agenda Dwight St tot c� a �Q T C1 C C ro a in 9 Kitsap County > a> Community Development _» D m Kitsap County Elections Kitsap County Personnel Department Kitsap County Auditor 19 Kitsap County Auto License Kitsap County Public Works 19 Division St Division St Division St Division St > Kitsap County w District Court c Kitsap County Sheriff's Office - Main Office 113 Kitsap County Superior Court Clerk Go_ :gle > Q Map data 1012022 United States Terms Privacy • aim 1 so iYVA4wks Page 229 of 232 ?e a ws%w� Back to Agenda Parking _ Attachment B 5latsreserved parking for veteran Jl; _- ❑rganization vans) PA Sound Man - 1 slot caring disabled ► ` �` Musician -1 slot __,a-4 j Missing plan formallon r� - FIRE LANE : I' " HEARSE Y i . Handicapped, O not going to + , Tahoma ,• a •. L- LJSO Mobile r � � rs±%31pi► Q I 4r rtege Parking for 4-wheel vehicles ...' Non -handicapped t •- LAW ri� . A . - � it • � � _ �iY' . ' Page 231 of 232 Attachment I I I• 1 .� T I t; Signs L= Pori Orchard 49, C;�3Riiti.rt ..� Direction°,Stgn�' 1 i _ 1 Qlf@ctl6fl Sign 1 I �r . r. • ��, a 4 D i t i n St . x oc� .hearth . �+�' �I , 3 ;• �., $1 .�. t•y iif L�s� 7 a - �. �� -7—