HomeMy WebLinkAbout04/12/2022 - Regular - PacketCity 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 same 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 Principles
•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
Mayor:
Rob Putaansuu
Administrative Official
Councilmembers:
Mark Trenary
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 Rosapepe
Finance Committee,
Land Use Committee
KRCC, PSRC-alt, PSRC Transpol-alt, KRCC Transpol
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, 3rd Floor
216 Prospect Street
Port Orchard, WA 98366
Contact us:
(360) 876-4407
cityhall@cityofportorchard.us
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
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 Project (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
10.REPORTS OF COUNCIL COMMITTEES
11.REPORT OF MAYOR
12.REPORT OF DEPARTMENT HEADS
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 3 of 3
COMMITTEE MEETINGS Date & Time Location
rd
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
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
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 12th day of April 2022.
Robert Putaansuu, Mayor
ATTEST:
Brandy Wallace, MMC, City Clerk
Page 5 of 232
H R D
MEMORANDUM
TO: Gretchen Isaksson
FROM: Mark Dorsey, P.E.
DATE: 3/z9lzozz
REGARDING: r9B9 Ford FBoo Dump Truck & Plow
ER&R# 1o3o
The Public Works Department procured and purchased a new dump truck, plow, and
sander to replace the r9B9 Ford FBoo 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.
X
PUBLIC WORKS
216 PROSPECT ST PORT ORCHARD, WA 98366
PHONE (360)876.4e9r- | FAX (360) 876.4980
EMAIL: PUBLICWORKS@CIWOFP0RTORCHARD.US
WWW,CITYOFPORTORCHAR D.USPage 6 of 232
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
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
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 12th day of April 2022.
Robert Putaansuu, Mayor
ATTEST:
Brandy Wallace, MMC, City Clerk
Page 8 of 232
City of Port Orchard
216 Prospect Street Port Orchard, WA 98366 (360) 876-4407
purchase order
Bill To:
Attn: Accounts Payable City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 ap@cityofportorchard.us
P.O. No. 021-22
Date: April 5, 2022
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
Ordered By: Authorized Signature:
Tony Lang Public Works Department
City Clerk or Authorized Representative Signature
Subtotal $180,728.00
Freight
Tax (9.2%) $16,626.98
Addit. Fees
Bal Due $197,354.98
THIS ORDER IS A CONFIRMATION Yes
THIS ORDER IS NOT A CONFIRMATION
ACCOUNT CODE: Varies. See attached docs.
Ship To:
City of Port Orchard 216 Prospect Street Port Orchard, WA 98366
Bud Clary Ford/Hyundai 700 7th Avenue P.O. Box 127 Longview WA 98632
Page 9 of 232
202! - 2O22 Biennial Review Narrative
9l24l2O2L
Finance
Date:
Department:
Return completed document by September 24,2021
Reduetioolnlxpense:
Description B.A.R.S. Coding Amount
g
Total
lngea e iLolxpense (Maior increase in Budeeledllpetditwesli
Description:B.A.R.S. Coding Amount
Mechanic Request for Additional Equipment & Tools 500.1 0.548.30.30 15750
Total
Modifications (Mission Critical, Unforseen, Maior Expenditures):
Description:B.A.R.S. Coding Amount
Public Works Additon to Fleet Water Truck 500.10.594.34.60 s7,000.00
Public Works Additon to Fleet Sewer Truck s00.10.s94.35.60 57,000.00
Public Works Additon to Fleet Storm Truck 500.10.594.31 .60 57,000.00
Public Works Additon to Fleet Street Truck 500.10.594.42.60 s7,000.00
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.'l 0 69,6s0.00
Additional Mechanic - benefits
Total
500.10.s48.30.20 40,550.00
394,200.00
Page 10 of 232
Qoat
_0!gllABD-
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.
t
{
tsu,pl;on: aote 6,1 ft? L;itlh;t &ev)
ftu"t,tmrlt lyerfuul of hlnTria fuvirrt &l
Department
Water Sewer Storm Street Public Works DCD Police Admin
v
Addition or replacement
Addition to Fleet
Replacemenl Vehicle / Equipment being replaced
Fleet Standardization
X lRequested Vehicle / Equipment follows fleet standardizations listed below
lRequested Vehicle / Equipment DOES NOTfollow fleet standardizations listed below
List items that are not fleet standard and reason for addition
Cost
Fleet Standard cost
Additional cost for consideration (Qil,o,eily lf , lio^nng)
Page 11 of 232
STANDARDS FOR VEHICLES
Police Standard Vehicle
Public Works and Standard Truck
Administration and Standard Vehicle
I have reviewed the vehicles / equipment listed above and uest
Approved for by:
for purchase.
e/r; l>*
Date
Model Chassis Drive Train Color Graphics Accessories
Automatic Black City Decal LightsFordSeda ns
Vehicle Number RadiosSUV2WD
4WD Antennas
AWD
Model Chassis Cab Size Drive Train Color Graphics Accessories
7/2ron Regular Automatic White City Logo LightsFord
2WD Truck Number Radios3/4Ton Extended
1 Ton Crew Cab 4WD Antennas
Tool Boxes
Tvpe Chassis Drive Train Color Graphics Accessories
Seda ns Automatic White City Logo LightsElectric
Vehicle Number RadiosBiofuelSUV2WD
4WD Antennas
AWD
Page 12 of 232
Tony Lang
From:
Sent:
To:
Cc:
Subject:
NOREPLY@des.wa.gov
Friday, March 18, 2022 1 1:33 AM
Tony Lang
sean.hoffert@des.wa.gov
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
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
Contract #: 05916
Dealer: Bud Clary Ford/Hyundai (W403)
700 7th Avenue
PO Box 127
Longview WA 98632
Dealer Contact: Kathleen Brennan
Dealer Phone: (360) 423-432I Ext: 7183
Dealer Email: ford.orders@budclary.com
Order Code Option Description
2022-0826-0U 2022Ford F150 Lightning, Baftery Electric Vehicle (BEV)
Qty Unit Price Ext. Price
4 $38,240.00$152,960.00
2022-0826-018 Tailgate Step (inc. Tailgate Work Suface) (63T)4 $4s6.00 $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 $7s.00 $300.00
2022-0826-207 Mud Flaps, Rear (DLR)4 $7s.00 $300.00
2022-0826-2L0 Undercoating (Wheel Wells Only) (DLR)4 $12s.00 $s00,00
2022-0826-2IL Service Manual, CD (DLR)4 fi22r.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
Page 13 of 232
2022-0826-217 SPMY-IN Bed I i ner ( Li ne-X) (DLR)4 $s3s.00 $2,140.00
2022-0826-30t Crossbody toolbox - single lid (701x 20W x 12.5D) (Adrian AD100) (T8301)4 $884.00 $3,s36.00
2022-0826-362 Cab Rack - flat peforated aluminum sheet screen insert (ALL CBGD) (T8362)4 $858.00 $3,432.00
2022-0826-368 Cab Rack Option - Mini-Lightbar Mount, 10x15, installed centered on cab guard. (ALL CBGD-BP)
(T8368)
4 $7s.00 $300.00
2022-0826-772 AMBER: Basic Warning Package (All F150 Models): Installation of 2 amber grill lights, 2 amber led
inserts in reverse lenses, and NROADS 17 inch amber lightbar mounted on roof, cabguard, or
independent mount (below) and B button switch panel. (DWS-F150-A-2) (DW772)
4 $2,375.00 $9,500.00
2022-0826-79L 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
(includes battery, ground, ignition) (DW792)
$114.00 $4s6.00
Quote Totals
Total Vehicles: 4
Sub Total: $180,728.00
8.4 o/o Sales Taxl $15,181.15
Quote Total: $195,909.15
2Page 14 of 232
SpecilicationSpecification Description
l10A/145W8PRO Trirn Level, Cler.v Cab, 4WD, i45in Wheelbase, 5.5ft Bed
99L
Dual eMotors - Standard Battery (98 kWh Usable Capacity Standard Range High-Voltage
Battery); front/rear transverse rnounted; (2) inboard thlee-phase ftxed magnet AC tnotors
w/ internal PMAC congh'oller aud trans axles
44LSingle-Speed Tlansmission
STANDARDMobile Powel Cord (120V1240V)
STANDARDVehicle Charge Capability ISAE J1772 CCS (Combo Connector Systern); Charge Port
capable of chalging on 120V, 240Y and Direct Curent (DC Fast Charge)l
STANDARDOnboard Chalger Power (inpuVoutput): 11.3 kw/l0.5kW w/ standatd range battery; 19.2
kwl17.6 kw w/ extended range battery
STANDARD2.4kW Exportable Power [Includes (8) 120v outlets (8) USB outlets] Locations: IIN-CAB
(2) I20v and (6) USB; IN-BED (2) 120v; FRUNK: (4) 120v and (2) USBI
STANDARDHorsepower: Targeted Peak Power (hp&W): 4261318 w/ standard range battery; 5631420
w/ extended range battery
STANDARDTolque: Targeted Peak Torque (lb. - ft.): 775 w/ standald range battery; 775 w/ extended
range batiery
STANDARDGVWR: 8250# GVWR w/ standatd range battery; 8550# GVWR w/ extended range
battery
INFOAverage eMPG (US Dept of Energy): Targeted: 230 miles w/ standard range battery; 300
d extended range battety
STD/DLRFlont Door Lock Cylinders (Driver'/Passenger) with (4) Integrated Flip Keys, Remote
Keyless Entry
STANDARDFull-size spare tire, spare tire carrier, rear uuder frame
STANDARDTires & Wheels: 2215/65R l8in All-Terain (A/T) Tires, 18in machined wheels w/ black
high gloss pockets
INFOTire Chain/Traction Devise Cornpatible. Describe: TBD
TTVSSeating configuration: Vinyl Buckets w/ flow-through console and floor shifter, 2-way
manual seats, 2nd row 60/40 flip-up split seat d elongated cushion
STANDARDFlooring material: black vinyl
STANDARDRear Axle Ratio: Rear eLocking Axle
STANDARDGlound Clearance: TBD
STANDARDSkid Plates: NO
STANDARDAir Bags: Airbags: driver and passenger fi'ont airbags and seat-urounted side airbags, lst
and 2nd row Safety Canopy side-curtaiu airbags
STANDARDFleet deviations from retail: None
STANDARD
Ford Co-Pilot360 2.0 Technology (Includes Autolarnp w/ auto on/off headlamps; Pre-
collision assist d Automatic Emelgency Braking, pedestrian detection, forward collision
waming, dynarnic brake support; BLIS w/ Cross-Traffic Alert; Lane-Keeping System;
rearview camera; auto high beam; reverse sensitrg systen; Leverse brake assist; post-
collision braking; cruise control)
STANDARD
FordPass Cbnnect: 4G UIE Wi-Fi Hotspot collnects up to 10 devices (complimentary trial
subscliptior.r of 3 months or' 3 gigabytes); enables FordPass App features (rernotely
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);
STANDARD
FordPass Connect (continued): Also includes Ford Telematics and Data Services Prep
which provides vehicle location, speed, idie time, fuel, vehicle diagnostics and
maintenance alerts, enables telernatics services through Ford or autholized providers.
STANDARDAM/FM Stereo with (6) speakers
Vehicle: 2022Ford F150 Lightning, Battery Electric Vehicle (BEV) 2022-0826-001
Contract #: 05916 - Pick-up Trucks ( 2WD - 4WD)
Dealer': Bud Clary Ford/Hyundai
Vehicle Standard Specifications And Additional lnformation
SYNC4 w/ Enhanced Voice Recognition (12in LCD capacitive tonchscreen w/ swipe
capability, Lrfolmation-On-Dernand panel, wireless phone connection, Cloud connected,
Applink w/ App Catalog, 911 Assist, Wireless Apple CalPlay and Android Auto
STANDARD
Page 15 of 232
compatibilily, digital owners manual, conversational voice cornmand recognition,
connected built-in navigation (requires activation ofFordPass rnember account)
STANDARDElectlic Engine Cooling Fan
STANDARDElectlic Pall<ing Brake (includes auto hold)
Power Up/Down Front Hood (includes large flout hunk area)STANDARD
LED plojector w/ dynamic bending headlan'rps STANDARD
1 2-inch Digital Productivity Screen STANDARD
Compass Display, Outside Ternperature Display STANDARD
Visors w/ driver and passel'lger covered rnirrors STANDARD
4-wheel disc brakes with Anti-Locking Blaking Systern (ABS)STANDARD
Heavy-duty dual fi'ont shocks; fi'ont/rear coil springs; independent rear suspension, r'ear'
semi-trailing arm; front/rear stabilizer bars STANDARD
Bumpers and front grille, black STANDARD
LED centel high-rnounted stop lamp (CHMSl)(includes integrated cargo lanrp)STANDARD
Daytime running lights (DRL)(On/Off ClLrstel Contlollable)STANDARD
Class IV Hitch, (2) front tow hooks STANDARD
Fully boxed steei frame STANDARD
Pickup box tie-downs (4)STANDARD
Powel door locks and windows STANDARD
Sideview Mirlols, manual-folding, rnanual glass with black skull caps STANDARI)
Tailgate w/ tailgate lift assist, r'ernovable with key tock STANDARD
Trailel Sway Control STANDARD
Windshield wipers with intermittent speed STANDARD
Dual-zone Electlonic Automatic Tetnpet'ature Control STANDARD
Rear window rvith fixed plivacy glass STANDARD
Rearview mirror, auto-dirnrning 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 rvith
height adjusters, pletensioners and enelgy management retractors on outside fl'ont positions STANDARD
SOS Post-Clash Alert System STANDARD
Tire Plessure Monitoling Systern (TPMS)STANDARD
Page 16 of 232
Qont
,QB$HAru_
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.
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Department
Water Sewer Storm Street Public Works DCD Police Admin
x
Addition or replacement
Addition to Fleet
Replacemenl Vehicle / Equipment being replaced
Fleet Standardization
X lRequested Vehicle / Equipment follows f leet standardizations listed below
lRequested Vehicle / Equipment DOES NOTfollow fleet standardizations listed below
List items that are not fleet standard and reason for addition
Cost
Additional cost for consideratio n ((n/;a, Ci/7 /a70, /ri-iry)
TOTAL
Fleet Standard cost
Page 17 of 232
STANDARDS FOR VEHICLES
Police Standard Vehicle
Public Works and Standard Truck
Administration and Standard Vehicle
I have reviewed the vehicles / equipment listed above and request for purchase
Approved for purchase by:
B/"'/*a
VE Date
Model Chassis Drive Train Color Graphics Accessories
Ford Seda ns Automatic Black City Decal Lights
2WDSUV Vehicle Number Radios
4WD Antennas
AWD
Model Chassis Cab Size Drive Train Color Graphics Accessories
Ford t/2Ion Regular Automatic White City Logo Lights
2WD3/4Ion Extended Truck Number Radios
l- Ton Crew Cab 4WD Antennas
Tool Boxes
TYpe Chassis Drive Train Color Graphics Accessories
Electric Seda ns Automatic White City Logo Lights
SUV 2WD Vehicle NumberBiofuel Radios
4WD Antennas
AWD
Page 18 of 232
Tony Lanq
From:
Sent:
To:
Cc:
Subject:
NOREPLY@des.wa.gov
Friday, March 18, 2022 1 1:33 AM
Tony Lang
sean.hoffert@des.wa.gov
Vehicle Quote - 2022-3-230 - PORT ORCHARD, CITY OF - 21802
Vehicfe 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
Organization Information
Organization: PORT ORCHARD, CITY OF - 21802
Email : tlang@cityofpoftorchard.us
Quote Notes:
Vehicle Location: PORT ORCHARD
Color Options & Qty
Oxford White (YZ) - 4
Tax Exempt: N
Vehicle Options
Contract #: 05916
Dealer: Bud Clary Ford/Hyundai (W403)
700 7lh Avenue
PO Box L27
Longview WA 98632
Dealer Contact: Kathleen Brennan
Dealer Phone: (360) 423-432L Ext: 7183
Dealer Email: ford.orders@budclary.com
Order Code Option Description
2022-0826-001 2022Ford F150 Lightning, Battery Electric Vehicle (BEV)
Qty Unit Price Ext. Price
4 $38,240.00$152,960.00
2022-0826-018 Tailgate Step (inc. Tailgate Work Suface) (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 (WeatherTech) (DLR)4 $100.00 $400.00
2022-0826-206 Mud flaps, Front (DLR)4 $7s.00 $300.00
2022-0826-207 Mud Flaps, Rear (DLR)4 $7s.00 $300.00
2022-0826-210 Undercoating (Wheel Wells Only) (DLR)4 $12s.00 $s00.00
2022-0826-2LI Service Manual, CD (DLR)4 $22r.00 $884.00
2022-0826-2L2 Service Wiring Diagram, Paper (DLR)4 $87.00 $348.00
2022-0826-2L5 Spotlight, LED 6 inch, Clear Lens, Pillar Mounted, Driver Side (Unity) (DLR)4 $560.00 $2,240.00
Page 19 of 232
2022-0826-301Crossbody toolbox - single lid (701x 20W x 12.5D) (Adrian AD100) (TB301)4 $884.00 $3,536.00
2022-0826-2L7 SPMY-IN Bedli ner ( Li ne-X) (DLR)4 $535.00 $2,140.00
2022-0826-362 Cab Rack - flat perforated aluminum sheet screen insert (ALL CBGD) (T8362)4 $858.00 $3,432.00
2022-0826-368 Cab RackOption - Mini-Lightbar Mount, 10x15, installed centered on cab guard. (ALLCBGD-BP)
(TB368)
4 $7s.00 $300.00
2022-0826-772 AMBER: Basic Warning Package (All F150 Models): Installation of 2 amber grill lights, 2 amber led
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)
4 $2,37s.00 $9,s00.00
2022-0826-79I 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
(includes battery, ground, ignition) (DW792)
$114.00 $4s6.00
Quote Totals
Total Vehicles: 4
Sub Total: $180,728.00
8.4 o/o Sales Tax: $15,181.15
Quote Total: $195,909.15
2
Page 20 of 232
Vehicle: 2022Ford Fl50 Lightning, Battery Electric Vehicle (BEV) 2022-0826-001
Contract #: 059 16 - Pick-up Trucks ( 2WD - 4WD)
Dealer: Bud Clary Ford/Hyundai
Vehicle Standard Specifications And Additional lnformation
SYNC4 w/ Enhanced Voice Recognition (12in LCD capacitive touchscleen w/ swipe
capability, Infolmation-On-Demand panel, wireless phone connection, Cloud connected,
Applink w/ App Catalog, 911 Assist, Wileless Apple CarPlay and Android Auto
Specifi cation Description Specification
PRO Trim Level, Clew Cab, 4WD, 145in Wheelbase, 5.5ft Bed r 10A/145WB
Dual eMotors - Standard Battery (98 kwh Usable Capacity Standard Range High-Voltage
Battery); fi'out/rear transverse mounted; (2) inboard ttu'ee-phase ftxed magnet AC motors
w/ intelnal PMAC congtroller and trans axles
99L
Single-Speed Tlansmission 44L
Mobile Power Cord (120V1240V)STANDARD
Vehicle Charge Capability [SAE J1772 CCS (Combo Connector Systern); Charge Port
capable of chalging on 120V, 240Y and, Direct Cturent (DC Fast Charge)l STANDARD
Onboard Charger Power (input/output): 1 1 .3 kw/10.5kW w/ standald range battery; 19.2
kwll'7.6 kw w/ extended range battery STANDARD
2.4kW Exportable Power flncludes (8) l20v outlets (8) USB outlets] Locations: IIN-CAB
(2) l20v and (6) USB; IN-BED (2) 120v; FRUNK: (4) 120v and (2) USBI STANDARD
Horsepower: Targeted Peak Power (hp/kW): 4261318 il standard range battery; 5631420
w/ extended range battery STANDARD
STANDARDTorque: Targeted Peak Tolque (lb. - ft.): 775 w/ standard range battery; 775 w/ extended
range battery
STANDARDGVWR: 8250# GVWR w/ standard range battery; 8550# GVWR w/ extended lange
battery
Average eMPG (US Dept of Energy): Targeted: 230 miles w/ standard range battery; 300
w/ extended l'ange battery INFO
Flont Door Lock Cylindels (Driver'/Passenger) with (4) Integrated Flip Keys, Remote
Keyless Entry STD/DLR
Full-size spale tire, spare tire canier, rear under frame STANDARD
Tiles & Wheels: 227 5165R 18in All-Terrain (A/T) Tires, 18in machined wheels w/ black
high gloss pockets STANDARD
INFOTire Chain/Traction Devise Cornpatible. Desclibe: TBD
Seating configuration: Vinyl Buckets w/ flow-through console and floor shifter, 2-way
manual seats, 2nd row 60/40 flip-up split seat w/ elongated cushion TTVS
Flooring material: black vinyl STANDARD
STANDARDRear Axle Ratio: Rear elocking Axle
STANDARDGlound Clearance: TBD
STANDARDSkid Plates: NO
Air Bags: Airbags: driver and passenger fi'ont airbags and seat-mounted side airbags, 1st
and 2nd low Safety Canopy side-curtain airbags STANDARD
STANDARDFleet deviations from retail: None
Ford Co-Pilot360 2.0 Technology (Includes Autolarnp w/ auto on/off headlarnps; Pre-
collision assist w/ Automatic Emergency Braking, pedestrian detection, folward collision
warning, dynarnic brake support; BLIS w/ Cross-Traffic Alert; Lane-Keeping Systern;
realiew canera; auto high bearn; revelse sensing system; reverse brake assist; post-
collision braking; cruise control)
STANDARD
STANDARD
FoldPass Cbnnect: 4G LTE Wi-Fi Hotspot connects up to 10 devices (cornplimentary trial
subscription of 3 months or'3 gigabytes); enables FordPass App features (rernotely
start/lock/unlock vehicle, locate palked vehicle, check vehicle current state of chat'ge and
set deparhrre times, schedule charge tirnes, 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
maintenance alerts, enables telernatics services through Ford or authorized providers.
STANDARD
AM/FM Stereo with (6) speakers STANDARD
STANDARD
Page 21 of 232
compatibilify, digital owners manual, conveLsational voice command recognition,
connected built-in navigation (requires activation ofFordPass tnetnber account)
STANDARDElectric Engine Cooling Fan
STANDARDElectlic Palking Brake (includes auto hold)
STANDARDPower Up/Down Front Hood (includes large front hunk area)
STANDARDLED projector w/ dynamic bending headlamps
STANDARD12-inch Digital Productivity Scleen
Corrpass Display, Outside Temperature Display STANDARD
Visors il driver and passengel'covered tninors STANDARD
4-wheel disc blakes with Anti-Locking Braking System (ABS)STANDARD
STANDARDHeavy-duty dual front shocks; fi'ont/rear coil springs; independent rear snspension, rear
semi-trailing arm; front/rear stabilizer bars
STANDARDBumpers and front grille, black
STANDARDLED center high-rnounted stop lamp (CHMSl)(includes integrated cargo lamp)
STANDARDDaytirne funning lights (DRL)(On/Off Clustel Controllable)
STANDARDClass IV Hitch, (2) fi'ont tow hooks
Fully boxed steel frame STANDARD
STANDARDPickup box tie-downs (4)
Power door locks and windows STANDARD
STANDARDSideview Mirrors, manual-folding, manual glass with black skull caps
STANDARDTailgate w/ tailgate lift assist, rernovable with key lock
Tlailer Sway Control STANDARD
Windshield wipers with interrnittent speed STANDARD
Dual-zone Electronic Autotnatic Temperature Control STANDARD
Rear window with fixed privacy glass STANDARD
Rearview mirror, auto-dimrning STANDARD
Manual tilt/telescoping steering wheel STANDARD
AdvanceTrac with Roll Stability Control (RSC)STANDARD
Seat belts: Active Restraint System (ARS), three-point manual laplshoulder belts with
height adjusters, pretensioners and energy management retractors on outside fi'ont positions STANDARD
SOS Post-Clash Alert System STANDARD
Tire Pressure Monitoring System (TPMS)STANDARD
Page 22 of 232
Qont"olsrtABp_
Equipment Rentat & 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
X
Addition or re placement
Addition to Fleet
Replacemenl Vehicle / Equipment being replaced
Fleet Standardization
lRequested Vehicle / Equipment follows fleet standardizations listed below
lRequested Vehicle / Equipment DOES NOTfollow fleet standardizations listed below
List items that are not fleet standard and reason for addition
Cost
Fleet Standard cost
Additional cost for consideration
TOTAL
(Ail;o, dt.1 Ly, tirnri"l)
{
bcrc;pliolt: auLz 6r/ Ftgo h'yVning @A
Prrupt vol : lEtrtnul ,f GloViru Sen)c"r 6es)
Page 23 of 232
STANDARDS FORVEHICLES
Police Standard Vehicle
Public Works and Standard Truck
Administration and Standard Vehicle
I have reviewed the vehicles / equipment listed above and
Approved for purchase by:
for purchase.
z
3 />r/>a
Date
Drive Train Color Graphics AccessoriesModelChassis
Black City Decal LightsFordSeda ns Automatic
RadiosSUV2WDVehicle Number
4WD Antennas
AWD
Chassis Cab Size Drive Train Color Graphics AccessoriesModel
Automatic White City Logo LightsFordt/2Ton Regular
Truck Number Radios3/4Ton Extended 2WD
1 Ton Crew Cab 4WD Antennas
Tool Boxes
Chassis Drive Train Color Graphics AccessoriesTvpe
Automatic White City Logo LightsElectricSeda ns
Vehicle Number RadiosBiofuelSUV2WD
4WD Antennas
AWD
Page 24 of 232
Tony Lang
From:
Sent:
To:
Cc:
Subject:
NOREPLY@des.wa.gov
Friday, March 18,2022 1 1:33 AM
Tony Lang
sea n.hoffert@des.wa.gov
Vehicle Quote - 2022-3-230 - PORT ORCHARD, CITY OF - 21802
Vehicfe Quote Number: 2022-3-230 Create Purchase Request View organization purchase reouests
This is a quote only. You must create a purchase request to order this vehicle(s)
Contract & Dealer Information
Organization Information
Organization: PORT ORCHARD, CITY OF - 21802
Email : tlang@cityofpoftorchard. us
Quote Notes:
Vehicle Location: PORT ORCHARD
Color Options & Qty
Oxford White (YZ) - 4
Tax Exempt: N
Vehicle Options
Contract #: 05916
Dealer: Bud Clary Ford/Hyundai (W403)
700 7th Avenue
PO Box 127
Longview WA 98632
Dealer Contact: Kathleen Brennan
Dealer Phone: (360) 423-432I Ext: 7183
Dealer Email: ford.orders@budclary.com
Order Code Option Description
2022-0826-0n 2022Ford F150 Lightning, Baftery Electric Vehicle (BEV)
Qty Unit Price Ext. Price
4 $38,240.00 $152,960.00
2022-0826-0LB Tailgate Step (inc. Tailgate Work Suface) (63T)4 $4s6.00 $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 $7s.00 $300.00
2022-0826-207 Mud Flaps, Rear (DLR)4 $7s.00 $300.00
2022-0826-210 Undercoating (Wheel Wells Only) (DLR)4 $12s.00 $s00.00
2022-0826-2LI Service Manual, CD (DLR)4 $22L.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 (UniW) (DLR)4 $560.00 $2,240.00
1Page 25 of 232
2022-0826-2L7 SPRAY-IN Bed I i ner ( Li ne-X) (DLR)4 $535.00 $2,140.00
2022-0826-301 Crossbody toolbox - single lid (701x 20W x 12.5D) (Adrian AD100) OB301)4 $884.00 $3,s36.00
2022-0826-362 Cab Rack - flat perforated aluminum sheet screen insert (ALL CBGD) (T8362)4 $858.00 $3,432.00
2022-0826-368 Cab Rack Option - Mini-Lightbar Mount, 10x15, installed centered on cab guard. (ALL CBGD-BP)
(r8368)
4 $7s.00 $300.00
2022-0826-772 AMBER: Basic Warning Package (All F150 Models): Installation of 2 amber grill lights, 2 amber led
inserts in reverse lenses, and NROADS 17 inch amber lightbar mounted on roof, cabguard, or
independent mount (below) and B button switch panel. (DWS-FI50-A-2) (Dw772)
4 $2,375.00 $9,500.00
2022-0826-79I 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
(includes battery, ground, ignition) (DW792)
$114.00 $4s6.00
Quote Totals
Total Vehicles: 4
Sub Total: $180,728.00
8.4 o/o Sales Tax: $15,181.15
Quote Total: $195,909.15
2
Page 26 of 232
Vehicle: 2022 Ford. Fl50 Lightning, Battery Electric Vehicle (BEV) 2022-0826-001
Contract #: 05916 - Pick-up Trucks ( zWD - 4WD)
Dealer: Bud Clary Ford/Hyundai
Vehicle Standard Specifications And Additional Information
SYNC4 w/ Enhanced Voice Recognition (12in LCD capacitive touclrscreen w/ swipe
capability, Iufolmation-Ou-Demand panel, wireless phone comectiou, Cloud connected,
Applink w/ App Catalog, 911 Assist, Wileless Apple CarPlay and Android Auto
SpecificationSpecifi cation Description
PRO Trim Level, Crerv Cab,4WD, 145in Wheelbase, 5.5ft Bed I l0A/145W8
Dual eMotors - Standard Battery (98 kwh Usable Capacity Standard Range High-Vottage
Battery); fi'ont/real transverse rnounted; (2) inboard thlee-phase fixed rnagnet AC urotors
w/ internal PMAC congtrollel and trans axles
99L
Single-Speed Transmission 44L
Mobile Power Cord (120V1240V)STANDARD
Vehicle Charge Capability ISAE 11772 CCS (Combo Comector Systern); Charge Port
capable of charging on 120V, 240Y and, Direct Cunent (DC Fast Charge)l STANDARD
STANDARDOnboald Clralger Power (input/output): 11.3 kw/10.5kW wl standard rangebatlery;19.2
kwllT .6 kw w/ extended range battery
STANDARD2.4kW Exportable Power [Includes (8) 120v outlets (8) USB outlets] Locations: IIN-CAB
(2) l20v and (6) USB; IN-BED (2) 120v; FRUNK: (4) 120v and (2) USBI
STANDARDHolsepower: Targeted Peak Power (hp/kW): 4261318 w/ standatd range battery; 5631420
w/ extended range battery
Torque: Talgeted Peak Torque (1b. - ft.): 775 w/ standard range battery; 77 5 wl extended
range battery STANDARD
STANDARDGVWR: 8250# GVWR d standatd lange battery; 8550# GVWR w/ extended range
battery
Average eMPG (US Dept of Energy): Targeted: 230 miles w/ standald range battery; 300
w/ extended range battery INFO
Flont Door Lock Cylinders (Driver'/Passenger') with (4) Integrated Flip Keys, Remote
Keyless Entry STD/DLR
Full-size spare tire, spare tire canier', rear under frame STANDARD
Tiles & Wheels: 2275/65R 18in AII-Tenain (A/T) Tires, 18in machined wheels w/ black
high gloss pockets STANDARD
Tire Chain/Traction Devise Cornpatible. Describe: TBD INFO
Seating configuration: Vinyl Buckets w/ flow-through console and floor shifter, 2-way
manual seats, 2nd row 60/40 flip-up split seat w/ elongated cushion TTVS
Flooring material: black vinyl STANDARD
Rear Axle Ratio: Rear eLocking Axle STANDARD
Glound Clearance: TBD STANDARD
Skid Plates: NO STANDARD
Air Bags: Airbags: driver and passenger front airbags and seat-moltnted side ailbags, 1st
and 2nd row Safety Canopy side-curtain airbags STANDARD
Fleet deviations from retail; None STANDARD
STANDARD
Ford Co-Pilot360 2.0 Technology (Includes Autolarnp w/ auto on/off headlarnps; Pre-
collision assist w/ Autonratic Emergency Braking, pedestrian detection, forward collision
warning, dynarnic brake support; BLIS w/ Cross-Traffic Alert; Lane-Keeping System;
rearview canera; auto high beam; reverse seusing system; reverse brake assist; post-
collision braking; cruise control)
FordPass Cbnnect: 4G LTE Wi-Fi Hotspot connects up to 10 devices (complimentary tlial
subscription of3 months or 3 gigabytes); enables FordPass App features (rernotely
start/lock/unlock vehicle, locate parked vehicle, check vehicle culrent state of charge and
set departure times, schedule charge tirres, locate and pay for charging);
STANDARD
STANDARD
FordPass Connect (continued): Also includes Ford Telematics and Data Services Prep
which provides vehicle location, speed, idle time, ftiel, vehicle diagnostics and
maintenance alerts, enables telematics services through Ford or autholized providers.
STANDARDAMIFM Stereo with (6) speakers
STANDARD
Page 27 of 232
compatibility, digital owuers manual, conversationai voice command recognition,
connected built-in navigation (requires activation of FordPass tnember account)
Electric Engine Cooling Fan STANDARD
Electric Parking Blake (includes auto hold)STANDARD
Power Up/Down Front Hood (includes large front hunk area)STANDARD
LED projector w/ dynamic bending headlarnps STANDARD
1 2-inch Digital Ploductivity Scleen STANDARD
Cornpass Display, Outside Ternperature Display STANDARD
Msors w/ driver and passenger covered mirrors STANDARD
4-wheel disc brakes with Anti-Locking Braking Systern (ABS)STANDARD
Heavy-duty duai fi'ont shocks; fi'ont/reat'coil springs; independent rear suspension, rear
semi-tlailing arm; front/rear stabilizer bars STANDARD
Bumpers and front grille, black STANDARD
LED center high-rnounted stop lamp (CHMSL)(includes integrated cargo lan.rp)STANDARD
Daytime running lights (DRL)(On/off Cluster Controllable)STANDARD
Class IV Hitch, (2) fi'ont tow hooks STANDARD
Fully boxed steel frame STANDARD
Pickup box tie-downs (4)STANDARD
Power door locks and windows STANDARD
Sideview Mirlors, manual-folding, manual glass with black sknl1 caps STANDARD
Tailgate W tailgate lift assist, rernovable with key lock STANDARD
Trailer Sway Conhoi STANDARD
Windshield wipers with intermittent speed STANDARD
Dual-zone Electronic Automatic Temperature Conhol STANDARD
STANDARDRear window with fixed plivacy glass
Rearview mirror, auto-dirnrning STANDARD
Manual tilt/telescoping steering wheel STANDARD
STANDARDAdvanceTrac with Roll Stability Control (RSC)
STANDARDSeat belts: Active Restraint System (ARS), three-point manual lap/shoulder belts rvith
height adjusters, pretensioners and energy managelnent retractors on outside fi'ont positions
STANDARDSOS Post-Crash Alert Systern
STANDARDTire Pressure Monitodng System (TPMS)
Page 28 of 232
Qoat
g.BgUABL
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
x
Addition or replace ment
Addition to Fleet
Replacemenl Vehicle / Equipment being replaced
Fleet Standardization
X lRequested 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
TOTAT
&tlio, etly loy, tirrlsirt)
U;u;/"n: 2023 6d fift /$Al'r;7GeA
ft*r.n-/: furnr{rw,l "l *tbTorc fe'vicet (^1
Page 29 of 232
STANDARDS FOR VEHICLES
Police Standard Vehicle
Public Works and Plann Standard Truck
Administration and Standard Vehicle
I have reviewed the vehicles / equipment listed above and request for purchase.
Approved for by:
s lasl>,
Date
Model Chassis Drive Train Color Graphics Accessories
Ford Seda ns Automatic Black City Decal Lights
SUV 2WD Vehicle Number Radios
Antennas4WD
AWD
Model Chassis Cab Size Drive Train Color Graphics Accessories
Ford 1,/2Ton Regu lar Automatic White City Logo Lights
3/4ron Extended 2WD Truck Number Radios
Crew Cab 4WD AntennasL Ton
Tool Boxes
Tvpe Chassis Drive Train Color Graphics Accessories
Electric Seda ns Automatic White City Logo Lights
Biofuel SUV 2WD Vehicle Number Radios
4WD Antennas
AWD
Page 30 of 232
Tony Lang
From:
Sent:
To:
Cc:
Subject:
NOREPLY@des.wa.gov
Friday, March 18, 2022 1 1:33 AM
Tony Lang
sea n.hoffert@ des.wa.gov
Vehicle Quote - 2022-3-230 - PORT ORCHARD, CITY OF - 21802
Vehicfe 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
Organization Information
Organization: PORT ORCHARD, CITY OF - 21802
Email : tlang@cityofpoftorchard.us
Quote Notes:
Vehicte 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)
Qty Unit Price Ext, Price
4 $38,240.00$152,960.00
Contract #: 05916
Dealer: Bud Clary Ford/Hyundai (W403)
700 7th Avenue
PO Box 127
Longview WA 98632
Dealer Contact: Kathleen Brennan
Dealer Phone: (360) 423-432L Ext: 7183
Dealer Email: ford.orders@budclary.com
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 (WeatherTech) (DLR)4 $100.00 $400.00
2022-0826-206 Mud flaps, Front (DLR)4 $7s.00 $300.00
2022-0826-207 Mud Flaps, Rear (DLR)4 $7s.00 $300.00
2022-0826-210 Undercoating (Wheel Wells Only) (DLR)4 $12s.00 $s00.00
2022-0826-2LL Service Manual, CD (DLR)4 $221.00 $BB4.o0
2022-0826-212 Service Wiring Diagram, Paper (DLR)
2022-0826-215 Spotlight, LED 6 inch, Clear Lens, Pillar Mounted, Driver Side (Unity) (DLR)
4 $87.00 $348.00
1
4 $s60.00 $2,240.00
Page 31 of 232
2022-0826-217 SPMY'IN Bedli ner (Li ne-X) ( DLR)
2022-0826-301Crossbody toolbox - single lid (701 x 20W x 12.5D) (Adrian AD100) (T8301)
2022-0826-362 Cab Rack - flat perforated aluminum sheet screen insert (ALL CBGD) (T8362)
2022-0826-368 Cab Rack Option - Mini-Lightbar Mount, 10x15, installed centered on cab guard. (ALL CBGD-BP)
(r8368)
4 $535.00 $2,140.00
4 $884.00 $3,536.00
4 $858.00 $3,432.00
4 $7s.00 $300,00
2022-0826-772 AMBER: Basic Warning Package (All F150 Models): Installation of 2 amber grill lights, 2 amber led
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)
4 $2,375.00 $9,500.00
2022-0826-79I 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
(includes battery, ground, ignition) (DW792)
$114.00 $4s6.00
Quote Totals
Total Vehicles: 4
Sub Total: $180,728.00
8.4 o/o Sales Tax: $15,181.15
Quote Total: $195,909, 15
2
Page 32 of 232
Vehicle: 2022Ford F150 Lightning, Battery Electric Vehicle (BEV) 2022-0826-001
Contract #: 05916 - Pick-up Trucks ( 2WD - 4WD)
Dealer: Bud Clary Ford/Hyundai
Vehicle Standard Specifications And Additional Information
SYNC4 w/ Enhanced Voice Recognition (12in LCD capacitive touchscreen w/ swipe
capability, Information-On-Demand panel, wireless phone connection, Cloud connected,
Applink w/ App Catalog, 911 Assist, Wireless Apple CarPlay and Android Auto
Specifi cation Description Specification
t 10A/t45WBPRO Trirn Level, Crew Cab, 4WD, 145in Wheelbase, 5.5ft Bed
Dual eMotors - Standard Battery (98 kwh Usable Capacity Standard Range High-Voltage
Battery); fi'ont/rear transverse rnounted; (2) inboard thlee-phase fixed magnet AC motors
w/ internal PMAC congtloller and trans axles
99L
Single-Speed Transmission 44L
Mobile Power Cord (120V 1240V)STANDARD
Vehicle Charge Capability [SAE J1772 CCS (Combo Connector System); Charge Port
capable of charging on I 20V, 240Y and Direct Current (DC Fast Charge)l STANDARD
OnboardChargerPower(input/output): .l l.3kw/l0.5kWilstandardrangebattery;19.2
kwl17 .6 kw w/ extended range battery STANDARD
2.4kW Exportable Power flncludes (8) l20v outlets (8) USB outlets] Locations: IIN-CAB
(2) t20v and (6) USB; IN-BED (2) 120v; FRUNK: (4) l20v and (2) USBI STANDARD
Horsepower: Targeted Peak Power (hp/kW): 4261318 d standard range battery; 5631420
w/ extended range battery STANDARD
STANDARDTorque: Targeted Peak Torque (lb. - ft.): 775 wl slandald range battery; 775 w/ extended
range battery
GVWR: 8250# GVWR d standard range battery; 8550# GVWR w/ extended range
battery STANDARD
Average eMPG (US Dept of Energy): Targeted: 230 miles w/ standard range battery; 300
w/ extended range battery INFO
STD/DLRFront Door Lock Cylinders (Ddver/Passenger) with (4) Integrated Flip Keys, Remote
Keyless Entry
Full-size spare tire, spare tire carrier, rear under frame STANDARD
STANDARDTires & Wheels: 2275165P. l8in All-Tenain (A/T) Tires, l8in machined wheels w/ black
high gloss pockets
INFOTire Chain/Traction Devise Compatible. Desuibe: TBD
TTVSSeating configuration: Vinyl Buckets w/ flow-through console and floor shifter, 2-way
manual seats, 2nd row 60/40 flip-up split seat w/ elongated cushion
STANDARDFlooring material: black vinyl
STANDARDRear Axle Ratio: Rear elocking Axle
Ground Clearance: TBD STANDARD
Skid Plates: NO STANDARD
STANDARDAir Bags: Airbags: driver and passenger front airbags and seat-mounted side airbags, 1st
and 2nd row Safety Canopy side-curtain airbags
Fleet deviations from retail: None STANDARD
Ford Co-Pilot360 2.0 Technology (Includes Autolarnp 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;
rearview camera; auto high beam; reverse sensing system; revel'se brake assist; post-
collision braking; cruise control)
STANDARD
FordPass Connect: 4G LTE Wi-Fi Hotspot connects up to l0 devices (complimentary trial
subscription of 3 months or 3 gigabytes); enables FordPass App features (remotely
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);
STANDARD
STANDARD
FordPass Connect (continued): Also includes Ford Telernatics and Data Services Prep
which provides vehicle location, speed, idle time, fuel, vehicle diagnostics and
maintenance alerts, enables telernatics services through Ford or authorized providers.
STANDARDAM/PM Stereo with (6) speakers
STANDARD
Page 33 of 232
compatibility, digital owners manual, conversational voice command recognition,
connected built-in navigation (requires activation of FordPass member account)
Electric Engine Cooling Fan STANDARD
Electlic Parking Brake (includes auto hold)STANDARD
Power Up/Down Front Hood (includes large front trunk area)STANDARD
STANDARDLED projector w/ dynarnic bending headlamps
l2-inch Digital Productivity Screen STANDARD
Compass Display, Outside Temperature Display STANDARD
Visors w/ driver and passenger covered rnirrors 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 fiont grille, black STANDARD
LED center high-mounted stop lamp (CHMSl)(includes integrated cargo lamp)STANDARD
Daytime running lights (DRLXOn/Off Cluster Controllable)STANDARD
Class IV Hitch, (2) fi'ont 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
STANDARDDual-zone Electronic Automatic Temperature Control
Rear window with fixed privacy glass STANDARD
Rearview mirror, auto-dirnming 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
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
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
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/BAY 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
Resolution No. __
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 12th day of April 2022.
____________________________________
Robert Putaansuu, Mayor
ATTEST:
____________________________
Brandy Wallace, MMC, City Clerk
Page 37 of 232
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Page 43 of 232
fr
rft.
Crrv oF PoRT Oncuann
Finance Director
z16 Prospect Street, Port Orchard, WA g8g66
Voice: (S6o)826-2023. Fax' (g6o) 826-+g8o
ncrocker@ cityofportorchard.us
www. cityofportorchard.us
Morch 18,2022
Pugei Sound Regionol Council
lOl I Western Ave., Suite 500
Seottle, WA 98104
RE: City of Port Orchord gront opplicotion, funding commitmenl.
The City of Port Orchord is submitting o gront opplicotion for construction phose of
the SRI 661 Boy Street Reconstruction Project. Totol Project cosls ore estimoted not
to exceed $3,,l21,000. Note the costs for woter ond sewer reconstruction ore not
included, os those will be poid by the utilities.
Totol projects funds of $200K ore included in the 2022-2027 TIP (See Attoched). The
City is occeleroting the delivery of the project by ollocoting on odditionol $480,000
for design plonned in the droft 2023-2028I|P (See Attoched). An odditionol $358K
will be reosonobly constroined in yeor 2026in the TIP updote this yeor. The City
expects the enterprise utility fund bolonces to be odequote to fund ihe utility
component of the work.
The City Councilwill be possing o resolution in April to include the occeleroted
funding in lhe 2023-2028 TlP, to be included with the gront opplicotion.
Sincerely,/ / &"2,-oe
Nooh Crocker
Finonce Director
cc Rob Putoonsuu - Moyor
Mork Dorsey - Public Works Director
Page 44 of 232
Page 1 of 3
City of Port Orchard: City Council Retreat Summary
March 11, 2022 | 9:00 a.m. – 3:00 p.m. | Port Orchard City Hall
ACTION ITEMS
Mayor Putaansuu Contact Congressmember Kilmer
regarding funding to address sea
---
the ranked list of budget items.
and develop meeting summary.
chart.
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 45 of 232
Page 2 of 3
• 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.
General Topic Potential Policy Directive
website. Reminder: Kitsap County oversees elections. Candidacy is determined
by the RCW. Appeals are needed to challenge residency claims.
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
cameras
West Sound customers yields $489,375. This can help generate sufficient
revenue for street preservation and maintenance ($1,526,440).
levy facing the City and gauge interest in a parks levy. Note: If the City wants to
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
Page 46 of 232
Page 3 of 3
General Topic Potential Policy Directive
promote website and social media on surveys.
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
Funds Funds Funds Points*
1. Hire 1-2 additional police officers TBD 13
2. 60% Design for Bay Street - Fredrick to
Geiger (Schedule 74, Sewer, Water, &
the Operations Department
appropriate skills to support people
experiencing homelessness
software/ hardware year;
$330K
over 5
* 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 47 of 232
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 (1/10th 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
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
Page 1 of 3
CITY OF PORT ORCHARD
Department of Community Development
216 Prospect Street
Port Orchard, WA 98366
Phone (360) 874-5533 Fax (360) 876-4980
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
2
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 u pdate 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.
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3
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 hel ping to enforce erosion control
standards on development.
Page 52 of 232
Legislative Executive Judicial
Organization chart
Citizens of Port Orchard
Municipal Court Council Mayor [Supervises 6]
Judge (0.6)
Court Administrator
Lead Court Clerk
Court Clerk (2.)
Police Chief
[Su ervises 9
Public Works Director/
City Engineer [Supervises 5]
Human Resources Manager City Clerk
Finance Director
[Supervises 2]
Employees: 12
Human Resources Specialist
Accounting Assistant III/
IT S ecialist
Accounting Assistant III (2)
Accounting Assistant II (4)
Accounting Assistant I
Network Administrator
IT Support Specialist
Deputy Police Chief
{Su ervises 4
Patrol Officer (17)
Reserve Police Officer
Police Services Coordinator
Police Records/Evidence
Specialist (3.)
Community Health Navigator
Parking Enforcement Officer
(2 PT
Permit Center Manager
Permit Technician
Permit Clerk (2)
Senior Planner (2)
Associate Planner
Assistant Planner
Building Official
Code Enforcement Officer
Office Assistant II Assistant City Engineer
[Supervises 4]
Civil Engineer II
Civil Engineer I
GIS Specialist/Development
Review Assistant
Procurement Specialist
Operations Manager
[Supervises 20]
Stormwater Program Manager
Utilities Compliance Specialist
Foreman
Coordinator (3)
Mechanic (2)
Personnel (12)
Electrician
Laborer (2)
Seasonal Laborer
Community Development
Director [Su ervises 7
Building Inspector
Assistant Finance Director
[Su ervises 8
Deputy City Clerk
Employees: 2 Employees: 12
Employees: 6
Employees: 2
Employees: 32
Employees: 30
Sergeants (4) Project Coordinator/Inspector
Utility Manager
[Supervises 2]
Employees: 98
Page 53 of 232
Project Notes
FACILITIES Funded Unfunded Potential Funding Sources
City Hall Reskin $470,000 $8.1M Debt
Community Events Center $ 13.8 million $8.2M Grants/Reet/Park Impact Fees/Debt
WATER
Splash Pad Retrofit Bid as Ph 1 Materials & Ph 2 Retrofit (Fall)$250,000
South Shed Water Tower Removal TBD TBD
Well #11 Upgrades DWSRF $8.5M Loans Awarded $ 9 milion
Well #12 - HOLD (Foster)McCormick Communities - CFC Credits TBD TBD Developer Funded
Well #13 Upgrades - HOLD (Foster)TBD TBD DWSRF (will apply for $8.0M Loan in Fall 2022)
390 Zone PRV's - HOLD (Foster)TBD TBD DWSRF (will apply for $8.0M Loan in Fall 2022)
McCormick 390-580 Intertie HOLD TBD TBD
Glenwood 390-580 Intertie McCormick Communities - CFC Credits TBD TBD Developer Funded
Melcher Booster Retrofit PWB $500,000
New 390 Booster PWB $650,000 $100K Water Operating Fund
Sroufe AC Water Main Replacement Emergency Repair TBD TBD
580 Reservoir McCormick Communities - CFC Credits Water CFC Credit Water CFC Credit
660 Reservoir McCormick Communities - CFC Credits Water CFC Credit Water CFC Credit
New 580 Water Main McCormick Communities - CFC Credits Water CFC Credit Water CFC Credit
SEWER
Marina Pump Station Retrofit $15 million
Pump Station Controls Upgrades PWB $800,000
TRANSPORTATION
Bay Street Pathway - RW Phase $3,825,000
Bay Street Pathway 90 - 100%Incl. CN Permitting $500K REET / Budget Amendment?
Bay Street Pathway - CN Phase Obligate $3M in Early 2023?$2,900,000 $2.1M REET/Park Impact Fees
Lippert Sidewalk & Pavement Repair CDBG Award $254.K $556,000
Bethel & Lincoln RAB $1.5M HSIP & $1.1M TIB $4,370,000
Pottery Complete Street $750,000
Old Clifton Non-Motorized Design by Staff Grant funding for construction
Bay Stret - Geiger to Frederick Retreat Topic $4.2M 2022 Grant Application
Bethel Phase 1 Design Total project cost $6.5M $250,000 $1M Impact Fees
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Page 55 of 232
Downtown Port Orchard 1-07-2022
Bay Street at Orchard Ave. Flooding at commercial business at 624 Bay St.
Bay Street at Orchard Ave, looking East 1216 Bay Street,approaching Bethel Ave. Creek overflowed into road.Page 56 of 232
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1601 5th Avenue, Suite 1600
Seattle, WA 98101
206.622.5822
www.kpff.com
Page 58 of 232
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 Present via Remote Access
Councilmember Chang Present via Remote Access
Councilmember Clauson Present via Remote Access
Councilmember Cucciardi Present via Remote Access
Councilmember Diener Present via Remote Access
Councilmember Trenary Present via Remote Access
Councilmember Rosapepe Present via Remote Access
Mayor Putaansuu 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
Minutes of March 22, 2022
Page 2 of 6
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 12th when we take more public testimony.
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Minutes of March 22, 2022
Page 3 of 6
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 12th.
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
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 18th. Utilities Committee is scheduled to meet April 12th. Finance Committee is scheduled to
meet April 19th. The Land Use Committee is scheduled to meet April 20th.
Councilmember Chang and Mayor Putaansuu reported on the March 22nd Transportation Committee
meeting which included the Bay Street design, Bethel Phase 1, Community Events Center, and Old
Clifton pathway.
Page 62 of 232
Minutes of March 22, 2022
Page 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.
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Minutes of March 22, 2022
Page 6 of 6
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 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
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
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
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
Ordinance No. _______
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
Ordinance No. _______
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 5. 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
Ordinance No. _______
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 12th day of April 2022.
______________________________
Robert Putaansuu, Mayor
ATTEST: 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
Ordinance Relating to Fireworks – Redline of Existing Code
5.60.010 Permit and state license required – Fee Sales, possession, use, and
discharge of fireworks unlawful.
It is unlawful for any No person, firm or corporation shall 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. without first
obtaining a permit from the city and a license from the state of Washington. The fee for obtaining
a city permit shall be $100.00 per year payable in advance.
5.60.015 Public display of fireworks 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.
(1) (2) Applications for permits required by this chapter shall be submitted in such form
and detail as prescribed by the Cityfire authority. 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.
(2) (3) Permit applications shall be received by the DCD permit center for review by the
Cityfire authority:
(a) No later than 4:30 p.m. on the last official city work day in May for retail sales;
Page 71 of 232
(b) No no later than 4:30 p.m. at least 40 business days prior to the date of an intended
public display; and
(c) Prior to commencing a permitted activity for all other uses.
(3) (4) Pursuant to RCW 70.77.280, the city council hereby designates the Director of the
Department of Community Development chief of the fire authority or his or her designee as the
person with the authority to grant or deny permits that are sought pursuant to this chapter.
(4) (5)Permits issued pursuant to this chapter are nontransferable.
5.60.020 Conditions for sales of fireworks and public display – Permit issuance.
A permit for the sale of fireworks or for 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.
(2) For sales of fireworks, the applicant shall obtain a business license from the city.
(2)(3) 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.
(4) For sales of fireworks, the location of the proposed place of business shall comply with
the zoning ordinances of the city.
(5) Applicant shall post a $50.00 deposit conditioned upon the prompt removal of the
temporary stand and/or the cleaning up of all debris from the site. If the applicant removes such
temporary stand and cleans up all the debris before the tenth day of July each year, he shall be
entitled to the return of his $50.00 deposit.
(3)(6) Public displays of fireworks shall comply with the provisions of RCW 70.77.280 in
that the fire authority shall determine whether the proposed display would pose a hazard to
property or a danger to persons. The fire authority shall prepare a written report detailing the
findings and recommendations for or against the issuance of the permit. The fire authority report
shall be filed with the DCD permit center.
Page 72 of 232
5.60.055 Prohibition due to extreme fire danger.
The mayor, after consulting with athe fire authority, and other officials as may be deemed
appropriate, may prohibit the discharge of all fireworks during periods of extreme fire danger. In
addition, the city council may, after conducting a public hearing, adopt by resolution emergency
limitations or prohibitions on the sale of 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.
Page 73 of 232
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
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
Staff Report Business Item 8B
Page 2 of 2
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
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
Resolution No. 033-22
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 12th day of April 2022.
____________________________________
Robert Putaansuu, Mayor
ATTEST:
____________________________
Brandy Wallace, MMC, City Clerk
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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-day owner 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-day tenants and certain others amounts up to $7,200 $0.00
Down Payment Assistance – 90-day tenants 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: - $0.00
TOTAL $9,110.00
Invoice No.: Date: Amount: $
ACCOUNT CLASSIFICATION
PARCEL
JOB NUMBER
WORK OP
ACCOUNT CONTROL
SECTION
ORG. NO.
NON-PART
TOTALS
DOLLARS WORK ORDER GRP OBJ SUB
$
TOTAL $ 9,110.00
RELOCATION SPECIALIST: Paula Ferrreira-Smith DATE: 4/4/2022
RELOCATION SUPERVISOR: Leslie Findlay or
Marge R. Bailey/PM
DATE:4/4/2022
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.:
___________________________________________________ ________________
Mark R. Dorsey, P.E., Public Works Director DATE
Warrant Register No.:
Voucher No.:
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RES-537
Rev. 6/2019
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4 4
0
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X
3.31.22
3.31.22
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City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
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
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
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 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.
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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.
Robert Putaansuu, Mayor
ATTEST:
Brandy Wallace, MMC, City Clerk
Page 98 of 232
Resolution No. 042-20
Exhibit A
CITY OF PORT ORCHARD
Procurement Policies & Procedures
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Procurement Policies & Procedures
Table of Contents
PURPOSE OF POLICV ................................................................................................................................................ 4
DEFINITIONS ............................................................................................................................................................. 4-6
GENERAL PROVISIONS ........................................................................................................................................... 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
BID PROCEDURES ................................................................................................................................................. ..9-ll
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
CHANGE ORDERS ...................................................................................................................................................... 13
PURCHASE ORDERS .................................................................................................................................................. 14
CONFLICTS OF INTEREST .......................................................................................................................................... 14
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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
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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.
"lnterlocal 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.
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"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
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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,
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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
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Public Works projects include all work, construction, building, renovation, remodeling, alteration, repair, or improvement,
other than ordinary maintenance, of real property; as defined in RCW 39.04.155{1)
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 Personalrofessional 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.
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Local and State:
Estimated cost of $150,000 and under, may use RFP, RFQ, minimal competition, seek written quotes (ideally from
three potential vendors), use MRSC consultant rosters, or formal competitive bidding, provided evaluation and
selection may be based on qualifications..
Qualifications based selection
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 formal competitive bidding
Federal:
Estaimted cost of $150,000 and under, RFP, RFQ, or small purchase procedures (price or rate quotations)
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.
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The City has contracted with the Municipal Research and Services Center (MRSC) to host the City's Small Public Works
Roster and will adhere to the requirement of RCW 39.04.190.
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.
Small Works Bid Procedure
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.
Limited Public Works Process (RCW 39.04.155(3))
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.
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City of Port Orchard Page 11 of 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 awarded during the previous 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.
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City of Port Orchard Page 12 of 22 Procurement Policies & Procedures
7. Rejection of Bids.
The City reserves the right to reject any bid not in substantial compliance with the bid documents, 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 legitimately 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.
Intergovernmental Purchases and Piggybacking
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 lnterlocal 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.
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Procurement Policies & Procedures City of Port Orchard Page 13 of 22
7.0 Change Orders
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.
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Procurement Policies & Procedures City of Port Orchard Page 14 of 22
Employees violating these provisions are subject to disciplinary action commensurate with the severity of the violation,
ranging from a letter of reprimand to termination of employment. Disciplinary actions shall be governed by 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.
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Procurement Policies & Procedures City of Port Orchard Page 15 of 22
EXHIBITS
Budget Adjustment Request 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 Date: _
Comments:
Approved Not Approved Signature _
3. To: Finance Department Date: _
Adjustment Recorded: AJ# _ Date: _
Prepared By: Approved By:
Page 113 of 232
Procurement Policies & Procedures City of Port Orchard Page 16 of 22
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 Prevailing Wage?
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.
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Procurement Policies & Procedures City of Port Orchard Page 17 of 22
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.
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Procurement Policies & Procedures City of Port Orchard Page 18 of 22
Exhibit 3
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.
Requesting:
Commodity: Buyer:
Required Delivery Date: Ship to Address: City: State: Zip
Code:
ITE
M QTY UNIT SPECIFICATIONS
Company: Company: Company:
State:
PRODUCT QUOTED PRODUCT QUOTED PRODUCT QUOTED
Page 116 of 232
Procurement Policies & Procedures City of Port Orchard Page 19 of 22
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. [ l_ Licensed, copyrighted, or patented products or services that only one vendor provides.
2. [ ]
I
3. [ ]
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.
4. [ ] 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
Page 117 of 232
Procurement Policies & Procedures City of Port Orchard Page 20 of 22
Exhibit S
Purchases through lnterlocal Ag'reements
CITY OF PORT ORCHARD
PURCHASES THROUGH INTERLOCAL AGREEMENTS
City Contract No.: _
lnterlocal Agreement with (government agency or Purchasing Co-Op name): _
Item Description: _
Do you have an lnterlocal 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.
eq.mredC ompriance ec IS
Does the host agency have a requirement
to run a newspaper ad in
and did they comply
□ Yes □No require a newspaper ad. For others, attach the
ad or place into the file
If
when and the address. Attach proof if
possible.
□ Yes □No attach or place into the file.
Host agency's codes and statutes? □ Yes □No
Did bid contain any preference that is
illegal in your statutes such as WMBE □ Yes □ No If
Page 118 of 232
Procurement Policies & Procedures City of Port Orchard Page 21 of 22
Exhibit 6
Change Order
Form
CITY OF PORT ORCHARD
Authorization for Change Order No. _
Date:
Project:
Contract / Job
#
Contractor:
Brief Description of Change Order work:
Amount
Contract History Sales
Date
Appvd by
ChangOrder 1
1 I -
-
.
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 Public Works Director/City Engineer
Printed Name & Title Printed Name
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.
Change Orders over $100,000 or exceed a total of 10% require Council action.
Page 119 of 232
Procurement Policies & Procedures City of Port Orchard Page 22 of 22
Approved:
Mayor
Attest:
City Clerk
Council Approval Date
Page 120 of 232
Procurement Policies & Procedures City of Port Orchard Page 23 of 22
�---------------
I - - - - . - - - -( '
Est. Freight
!Shipping
Bal Due
·······
CCOUNT CODE:
JHIS ORDER IS NOT A CONFIRMATION:
rHIS ORDER IS A CONFIRMATION:
Exhibit 7
purchase Order Form
CITY OF PORT ORCHARD
PURCHASE ORDER
P.O. No. _
Date: _
Bill To:
Attn: Accounts Payable
City Of Port Orchard 216
Prospect Street
Port Orchard, WA 98366
Ordered By:
Ship To: City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
Authorized Signature:
Qty Description Unit Price Total
City Clerk or Authorized Representative Signature
Page 121 of 232
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
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
Staff Report Business 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
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 5th 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. 1 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.
WASHINGTON
_______________________________
Robert Putaansuu, Mayor
ATTEST/AUTHENTICATED:
_______________________________
Brandy Wallace, MMC, City Clerk
APPROVED AS TO FORM:
_______________________________
_______________________________
Signature
_______________________________
Printed Name and Title
Page 125 of 232
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
South Kitsap Community Events Center
ILA Task 4 Design Development & ILA Task 5 Construction Documents Proposal
March 23, 2022
2
· 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 (JARPA)
· 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
· Acoustical Consultant
· Building Envelope Consultant
· Cost Estimator
· Hospitality Consultant
· Promotions & Social Media
Consultant
· Audio/Video Consultant
· Signage Consultant
III. Exclusions and Additional Services
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
Page 127 of 232
South Kitsap Community Events Center
ILA Task 4 Design Development & ILA Task 5 Construction Documents Proposal
March 23, 2022
2
· 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.
VIII. 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.
Page 128 of 232
South Kitsap Community Events Center
ILA Task 4 Design Development & ILA Task 5 Construction Documents Proposal
March 23, 2022
3
Sincerely,
Architect
Attachment: Site Cost Delineation Map
Hourly Billing Rates
Rice Fergus Miller, Inc.
Dean Kelly, Principal
Architect
Page 129 of 232
S 31°55'39" E
206.57'
S 46°37'30" W
225.15'
N 31°55'39" W
49.89'
S 88°20'17" E
47.80'
S 57°08'40" W197.49'
S 24°00'32" W
27.00'
S 01°41'27" W
58.16'
105.29'
92.20'
N 09°41'01" E
114.27'
S 65°59'28" E
76.00'
N 84°36'30" W
89.51'
86.46'
N 57°08'40" E200.22'
N 24°00'32" E
54.85'
N 01°41'27" E
62.53'
N 88°20'17" W
168.06'
S 57°08'40" W181.42'
KITSAP BANK
4650-011-001-0001
619 BAY STREET
10'
10'
13
12
12
12
13
13
13
14
13
13
14
12
13
14
16
15
16
15
16
17
16
17
15
16
15
14
13
13
10
1 2
3
456789
1
5
10
-2-1
5
-2
14
10
5
-2 -1
1
2
3
4
CP #5
CP #4
CP #3
CP #2
CP #1
CP #6
CP #7
37.5'
17.5'
20'
17.5'
37.5'
23'
10'
33'
33'
37.5'
17.5'
20'
33'
F.F. = 17.10'
F.F. = 17.01'PROPANE
TANKS
MEANDER
LINE
MEANDER
LINE
INNER HARBOR
LINE
INNER HARBOR
LINE
DNR LEASE
LINE
DNR LEASE
LINE
3.05'
MONUMENTLINE
BAY STREET
ORCHARD STREET
PORT STREET
DEC4"
DEC6"
DEC10"
DEC
12"
DEC8"
DEC8"
DEC
6"
DEC8"
14"
CON
12"
CONW
W
W
T
SS
S
S
S
S
S
S
S
S
S
S
S
S
P
P
P
PP
WW
W
W
WW
SEWER EASMENT
DECK ABOVE
5' - 0"
5' - 0"
10' - 0"
10' - 0"
10' - 0"
MARINA LIFT STATION ACCESS
MARINA LIFT STATION
PROPERTY LINE
DECK ABOVE
03/23/22: EXTENTS OF EXISTING
SEAWALL ASSESSMENT
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
BUILDING FINISHED FLOOR SHALL BE
CALCULATED TO THE SITE PROPERTY LINE
CIVIL AND LANDSCAPE TO COORDINATE FINAL
LOCATION OF THIS SIDEWALK AND CURB,
INCLUDING LIBRARY BOOK DROP-OFF
CIVIL AND LANDSCAPE TO COORDINATE FINAL
ROUTING OF THIS PEDESTRIAN PATHWAY
SKCEC
SITE COST ESTIMATE
DELINEATION
REVISED 03.23.2022
Page 130 of 232
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:
Page 131 of 232
City of Port Orchard and __________
Public Works Project No. _________
Professional Service Agreement Contract No. ________
S:\2020002 South Kitsap Community Event Center\2-Admin\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
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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.
Page 132 of 232
City of Port Orchard and __________
Public Works Project No. _________
Professional Service Agreement Contract No. ________
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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
Page 133 of 232
City of Port Orchard and __________
Public Works Project No. _________
Professional Service Agreement Contract No. ________
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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.
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City of Port Orchard and __________
Public Works Project No. _________
Professional Service Agreement Contract No. ________
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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.
Page 135 of 232
City of Port Orchard and __________
Public Works Project No. _________
Professional Service Agreement Contract No. ________
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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
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City of Port Orchard and __________
Public Works Project No. _________
Professional Service Agreement Contract No. ________
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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 C.4), 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.
Page 137 of 232
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City of Port Orchard and __________
Public Works Project No. _________
Professional Service Agreement Contract No. ________
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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
Page 139 of 232
Page 140 of 232
City of Port Orchard and __________
Public Works Project No. _________
Professional Service Agreement Contract No. ________
S:\2020002 South Kitsap Community Event Center\2-Admin\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
10 of 10
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).
Page 141 of 232
275 Fifth Street, Suite 100 Bremerton, WA 98337
(360) 377-8773 rfmarch.com
1 of 5
SOUTH KITSAP COMMUNITY EVENT CENTER
DRAFT SCOPE OF WORK PREPARED BY RFM
PRESENTED TO CITY OF PORT ORCHARD JULY 1, 2020
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 1” 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 1B
EXHIBIT B - REVISED 7/29/20
Page 142 of 232
South Kitsap Community Center
RFM Scope of Work_DRAFT
July 2, 2020
2 of 5
RFM PHASE 1A:
CONCEPTUAL DESIGN
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.
EXHIBIT B - REVISED 7/29/20
Page 143 of 232
South Kitsap Community Center
RFM Scope of Work_DRAFT
July 2, 2020
3 of 5
· 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.
EXHIBIT B - REVISED 7/29/20
Page 144 of 232
South Kitsap Community Center
RFM Scope of Work_DRAFT
July 2, 2020
4 of 5
RFM PHASE 1B:
SCHEMATIC DESIGN
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
EXHIBIT B - REVISED 7/29/20
Page 145 of 232
South Kitsap Community Center
RFM Scope of Work_DRAFT
July 2, 2020
5 of 5
· 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.
EXHIBIT B - REVISED 7/29/20
Page 146 of 232
SOUTH KITSAP COMMUNITY EVENT CENTER JULY 10, 2020
FEES PER KPFD-CPO INTERLOCAL AGREEMENT
ILA
TASK
RFQ
TASK
RFM
PHASE CONSULTANTS PROPOSED
FEE DURATION TASKS DELIVERABLES
ARCH
TRANSPORTATION
STRUCTURAL
CIVIL
SURVEY
SHORELINE
GEOTECH
ENVIRONMENTAL
BIOLOGIST
HOSPITALITY
1.4 1.2.3
ARCH
LANDSCAPE
STREETSCAPE
TRANSPORTATION
STRUCTURAL
CIVIL
SURVEY
SHORELINE
GEOTECH
HOSPITALITY
MECHANICAL
ELECTRICAL
ENVIRONMENTAL
BIOLOGIST
ARCHAEOLOGICAL
CULTURAL
2 1.2.9
$200,000
PER ILA/RFQ
9-12 MONTHS
PROPOSED
7 MONTHS
$200,000
PER ILA/RFQ
6-9 MONTHS
PROPOSED
9 MONTHS
CITY COUNCIL & KPFD SITE SELECTION: MARKET ANALYSIS, FINANCIAL VIABILITY & RISK ASSESSMENT
CITY COUNCIL ACTION: FEASIBILITY STUDY TO START ILA TASK 3
CONCEPTUAL DESIGN
SCHEMATIC DESIGN
PROFESSIONAL SERVICE CONTRACT
DRAFT MANAGEMENT PLAN
PUBLIC OUTREACH REPORT
SPACE PROGRAMMING REPORT
(3) SITE ASSESSMENT ALTERNATIVES WITH
DESIGN CONCEPT FOR EACH
HIGH LEVEL TRAFFIC, GEOTECH, STRUCTURAL,
SURVEY, SHORELINE, GEOTECH,
ENVIRONMENTAL AND BIOLOGIST
NARRATIVES FOR EACH SITE ALTERNATIVE
INVESTIGATIVE REPORTS FOR SELECTED SITE:
ENVIRONMENTAL ASSESSMENT
PRELIM STORMWATER DRAINAGE REPORT
PRELIM GEOTECH REPORT
BIOLOGICAL EVALUATION
TOPOGRAPHICAL SURVEY & CRITICAL AREAS
SHORELINE CODE ANALYSIS
ARCHAEOLOGICAL & CULTURAL RESOURCES
REPORT (INCLUDING INADVERTENT
DISCOVERY PLAN)
UTILITIES CAPACITY EVALUATION
(WATER/SEWER)
TRAFFIC REPORT
PRELIMINARY SCHEMATIC DESIGN
CONCEPT PLANS
COST ESTIMATE
SPACE PROGRAMMING & PUBLIC OUTREACH
REPORT
SCHEMATIC DESIGN AND SITE PLAN
DRAFT SCOPE FOR ILA TASK 3
1
1.1
1.2.1
1.2.2
2
1.2.4
1.2.5
1.2.6
1.2.7
1.2.8
1A
1B
PROJECT PLANNING
ESTABLISH GOALS AND OBJECTIVES
COORDINATE EXISTING MASTER
PLANNING EFFORTS
REVIEW HISTORICAL PUBLIC INPUT
PUBLIC OUTREACH
SPACE PROGRAMMING
NEEDS ASSESSMENT
CONCEPT PLANNING
HIGH LEVEL SITE ASSESSMENT
REVIEW KPFD'S FEASIBILITY REPORT
PUBLIC OUTREACH
SPACE PROGRAMMING
NEEDS ASSESSMENT
INVESTIGATION OF SELECTED SITE
PROPERTY OWNERSHIP/MASTER PLAN
SCHEMATIC DESIGN
DETERMINE SCOPE FOR ILA TASK 3
EXHIBIT B
Page 147 of 232
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
EXHIBIT B
Page 148 of 232
SOUTH KITSAP COMMUNITY EVENTS CENTER
PHASE 1 PROPOSED SCHEDULE
YEAR
MONTH JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR
WEEK STARTING DATE 6 13 20 27 3 10 17 24 31 7 14 21 28 5 12 19 26 2 9 16 23 30 7 14 21 28 4 11 18 25 1 8 15 22 1 8 15 22 29 5 12 19 26 3 10 17 24 31 7 14 21 28 5 12 19 26 2 9 16 23 30 7 14 21 28 5 12 19 26 2 9 16 23 30 7 14 21 28 4 11 18 25 1 8 15 22 1 8 15 22 29
ILA
TASK
RFQ
TASK
RFM
PHASE
1.1 PROJECT PLANNING
7/21 CITY STUDY SESSION - CONTRACT AMENDMENTS
7/28 CITY BUSINESS SESSION - CONTRACT APPROVAL
1.2.1 PUBLIC OUTREACH &
PROGRAMMING
1.2.2 SITE ASSESSMENT &
CONCEPT PLAN
12/15 CONCEPT DESIGN PRESENTATION
1.4 1.2.3
1.2.4 REVIEW KPFD
FEASIBILITY REPORT
1.2.5
ASSESS SITE
ALTERNATIVES FOR
OWNERSHIP
1.2.6 FINAL SITE
INVESTIGATION
1.2.7 PRELIMINARY
SCHEMATIC DESIGN
COST ESTIMATES
PUBLIC OUTREACH
1.2.8 SCHEMATIC DESIGN
2 1.2.9
DESIGN MEETINGS
2020 2021 2022
RFM PHASE 1A
CONCEPTUAL DESIGN
RFM PHASE 1B
SCHEMATIC DESIGN MAXIMUM SCHEDULE VARIANCE
CI
T
Y
/
K
P
F
D
S
I
T
E
S
E
L
E
C
T
I
O
N
1/
1
2
C
O
U
N
C
I
L
M
E
E
T
I
N
G
CI
T
Y
/
K
P
F
D
F
E
A
S
I
B
I
L
I
T
Y
TO
S
T
A
R
T
I
L
A
T
A
S
K
3
1 1A
CITY/KPFD SITE SELECTION
2 1B
CITY FEASIBILITY STUDY TO START ILA TASK 3
EXHIBIT B
Page 149 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 8E Meeting Date:
April 12, 2022
Subject: Adoption of a Resolution Approving a Prepared by: Mark Dorsey, P.E.
Contract with N.L. Olson & Associates, Public Works Director
Inc for the Engineering Services for the Atty Routing No: 366922-0013 – Water
Demolition and Removal of the Sidney Atty Review Date: April 6, 2022
Water Tower Project
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
Staff Report Business 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
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
SERVICES PROCUREMENT PROCEDURES.
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
Resolution No. 030-22
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 12th day of April 2022.
Robert Putaansuu, Mayor
ATTEST:
Brandy Wallace, MMC, City Clerk
Page 153 of 232
City of Port Orchard and N.L. Olson & Associates, Inc
Professional Service Agreement Contract No. C047-22
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WA Tower.doc Rev 7/18/2019
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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 (hereinafter the “CONSULTANT”)
P.O. Box 637
2453 Bethel Avenue
Port Orchard, WA 98366
Contact: Trish Walton 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.
Page 154 of 232
City of Port Orchard and N.L. Olson & Associates, Inc
Professional Service Agreement Contract No. C047-22
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WA Tower.doc Rev 7/18/2019
2 of 10
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
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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.
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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.
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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:
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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.
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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:
Mayor
216 Prospect Street
Port Orchard, WA 98366
Phone: 360.876.4407
Fax: 360.895.9029
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 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
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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:
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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
By: _______________________________
Robert Putaansuu, Mayor
ATTEST/AUTHENTICATE:
By:
_______________________________
Brandy Wallace, MMC
City Clerk
APPROVED AS TO FORM:
By: _______________________________ Charlotte A. Archer, City Attorney
CONSULTANT
By: _______________________________
Name: _______________________________
Title: _______________________________
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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).
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2453 Bethel Avenue, Port Orchard, Washington 98366
Phone (360) 876-2284 • www.nlolson.com
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 8th 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.
Exhibit A
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City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
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.
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Staff Report Business Item 8F
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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.
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Interagency Agreement with
City of Port Orchard
through
Growth Management Services
For
Housing Action Plan Implementation (HAPI) Grant
to Adopt a Housing Action Plan
Start date:
Date of Execution
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ii
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
iii
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
216 Prospect St
Port Orchard, WA 98366
N/A
3. Contractor Representative 4. COMMERCE Representative
Nick Bond
Department of Community Development Director
360.874.5533
nbond@cityofportorchard.us
Catherine McCoy
Senior Planner
360-280-3147
Catherine.mccoy@commerce.wa.gov
PO Box 42525
1011 Plum Street SE
Olympia Washington
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)
NA
Federal Agency:
NA
CFDA Number
NA
10. Tax ID # 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
City of Port Orchard
Date
Mark K. Barkley, Assistant Director
Local Government Division
Date
APPROVED AS TO FORM ONLY BY ASSISTANT
ATTORNEY GENERAL 08/22/2019.
APPROVAL ON FILE.
Page 169 of 232
SPECIAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
State of Washington Interagency Agreement Updated August 2019
Department of Commerce Page 1
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
Page 170 of 232
SPECIAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
State of Washington Interagency Agreement Updated August 2019
Department of Commerce Page 2
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
Page 171 of 232
GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
State of Washington Interagency Agreement Updated August 2019
Department of Commerce Page 3
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:
i. 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.
Page 172 of 232
GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
State of Washington Interagency Agreement Updated August 2019
Department of Commerce Page 4
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.
Page 173 of 232
GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
State of Washington Interagency Agreement Updated August 2019
Department of Commerce Page 5
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
Page 174 of 232
GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
State of Washington Interagency Agreement Updated August 2019
Department of Commerce Page 6
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.
Page 175 of 232
GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
State of Washington Interagency Agreement Updated August 2019
Department of Commerce Page 7
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.
Page 176 of 232
Attachment A
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;
(f) 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
Attachment A
Grant Objective: Develop a housing action plan 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.
Steps/
Deliverable Description Start Date End Date
Action 1 Existing conditions review April 2022 Aug 2022
Step 1.1 Analyze population and employment trends,
with documentation of projections
April 2022 July 2022
Step 1.2 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
April 2022 July 2022
Step 1.3 Collect data on type, size, cost, and age of
housing in the city. Collect data on rental
properties (e.g., type, size, cost, and age) and
percentage of housing stock
April 2022 July 2022
Step 1.4 Review and evaluate the current housing
element and other policies regarding housing,
including an evaluation of success in attaining
planned housing types and units, achievement
schedule of programs and actions
April 2022 July 2022
Step 1.5 Review the effectiveness of current programs,
development regulations and permitting
processes related to housing development
April 2022 July 2022
Step 1.6 Review land capacity analysis and review
ability of existing zoning to provide for housing
needs and all income brackets
April 2022 July 2022
Step 1.7 Identify areas that may be at higher risk of
displacement from market forces
April 2022 July 2022
Deliverable
1
Existing Conditions and Housing Needs
Analysis Report
July 29,
2022
Action 2 Provide for participation and input from
community members, community groups,
local builders, local realtors, nonprofit
April 2022 April
2023
Page 178 of 232
Attachment A
housing advocates and local religious
groups
Step 2.1 Identify groups that should be included in
outreach April 2022 June
2022
Step 2.2 Conduct public outreach to develop goals and
objectives April 2022 Nov 2022
Step 2.3 Conduct community survey to identify demand
for housing types among current population April 2022 Nov 2022
Step 2.4
Develop stakeholder groups to gather input
from housing advocates,
social service organizations. Stakeholders may
include residents, developers, neighborhood
associations, tenants, and religious
organizations.
April 2022 Dec 2022
Deliverable
2a Public Engagement Plan June 17,
2022
Deliverable
2b Summary of Public Engagement Results Feb 17,
2023
Action 3
Tools for Increasing Housing Diversity
Aug 2022 Dec 2022
Step 3.1 Develop strategies to increase the supply of
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.
Aug 2022 Oct 2022
Step 3.2 Develop anti-displacement strategies, including
strategies to minimize displacement of low-
income residents resulting from redevelopment
Aug 2022 Oct 2022
Step 3.3 Review strategies to plan for and accommodate
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
Aug 2022 Oct 2022
Page 179 of 232
Attachment A
Step 3.4 Identify local policies and
in racially disparate impacts, displacement, and
exclusion in housing and identify policies and
regulations to address and begin to undo these
impacts
Aug 2022 Oct 2022
Step 3.5 Develop a schedule of programs and actions to
implem
action plan
Nov 2022 Dec 2022
Deliverable
3
Draft Housing Action Plan Dec 15,
2022
Action 4 Project Adoption Jan 2023 June
2023
Step 4.1 Present draft HAP and public hearing before
the Planning Commission, make changes as
needed
Jan 2023 Feb 2023
Step 4.2 Present draft HAP and public hearing before
the City Council, make changes as needed
March
2023
April 2023
Step 4.3
adoption
May 2023 May 2023
Deliverable
4
Adopted Housing Action Plan June 15,
2023
Page 180 of 232
Attachment B
Budget
Deliverables
Commerce
Funds
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
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
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
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
Staff Report Business Item 8G
Page 2 of 2
Fiscal Impact: As of 2/1/2022 the Cash & Investment Fund balance is $278,296.
Alternatives: N/A
Attachments: Resolution.
Page 183 of 232
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 Amount
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
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.
Robert Putaansuu, Mayor
ATTEST:
Brandy Wallace, MMC, City Clerk
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City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
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.
Page 185 of 232
Staff Report Business 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
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
Resolution No. ___
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 12th day of April 2022.
____________________________________
Robert Putaansuu, Mayor
ATTEST:
____________________________
Brandy Wallace, MMC, City Clerk
Page 188 of 232
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,
WASHINGTON
_______________________________
Robert Putaansuu, Mayor
ATTEST/AUTHENTICATED:
_______________________________
Brandy Wallace, MMC, City Clerk
APPROVED AS TO FORM:
_______________________________
CONSULTANT
_______________________________
Signature
_______________________________
Printed Name and Title
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Page 203 of 232
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
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
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
Resolution No. ___
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 12th day of April 2022.
Robert Putaansuu, Mayor
ATTEST:
Brandy Wallace, MMC, City Clerk
Page 206 of 232
City of Port Orchard and _____________________
Professional Service Agreement Contract No.____________
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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 (hereinafter the “CONSULTANT”)
3755 Precision Drive, Suite 140
Loveland, Colorado 80538
Contact: Phone: 206.462.7030
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.
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City of Port Orchard and _____________________
Professional Service Agreement Contract No.____________
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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
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City of Port Orchard and _____________________
Professional Service Agreement Contract No.____________
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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
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Professional Service Agreement Contract No.____________
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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
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City of Port Orchard and _____________________
Professional Service Agreement Contract No.____________
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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.
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Professional Service Agreement Contract No.____________
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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
Page 212 of 232
City of Port Orchard and _____________________
Professional Service Agreement Contract No.____________
7 of 10
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:
Mayor
216 Prospect Street
Port Orchard, WA 98366
Phone: 360.876.4407
Joe DeRosa, CFO
SAFEbuilt Washington, LLC
3755 Precision Drive #140
Loveland, CO 80538
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.
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
Page 213 of 232
City of Port Orchard and _____________________
Professional Service Agreement Contract No.____________
8 of 10
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
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
Page 214 of 232
City of Port Orchard and _____________________
Professional Service Agreement Contract No.____________
9 of 10
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.
WASHINGTON
By: _______________________________
Robert Putaansuu, Mayor
Date: __________________
ATTEST/AUTHENTICATE:
By: _______________________________
Brandy Wallace, MMC, City Clerk
APPROVED AS TO FORM:
By: _______________________________
SAFEbuilt Washington, LLC
By: _______________________________
Name: Avner Alkhas
Date: ________________
Title: CFO
Page 215 of 232
City of Port Orchard and _____________________
Professional Service Agreement Contract No.____________
10 of 10
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).
Page 216 of 232
Page 1 of 2
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-Requested 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
3. 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
INSPECTION SERVICES
PRE-SUBMITTAL MEETINGS
PLAN REVIEW
TURNAROUND TIMES
Single-family within
Multi-family within
Small commercial within
(under $2M in valuation)
Large commercial within
First Comments
10 business days
10 business days
10 business days
5 business days or less
5 business days or less
5 business days or less
Page 217 of 232
Page 2 of 2
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:
• $105.00 per hour – one (1) hour minimum
• Residential and Commercial
•
55% of Municipal Plan Check Fee as established by
ordinance or resolution
Page 218 of 232
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
In Re: National Prescription
Opiate Litigation
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
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
Business 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
Qotfr
ORCHARD
Spscnl Evsrur PeRurr Appt-rcRnoru
(Ponr Oncnnno Mururcrpnl Coor 5.94 nno 5.96)
sTANDARD PRocEssrNG rrr: 550.00
ADDrno NAL ExpEDrrED rrr (uss runru 90 BUr MoRE rHAN 30 DAys BEFone werur) : $SO.OO
Event Overview
Admission Fees:
Does your event require a paid fee for participants and/or spectators?o
Does your event require minimum or suggested donation for participants and/or spectators?lves ,/!o
Admission/participation fee/ suggest donations amount(s):
Event Details
Set Up Starts:Take Down Complete:
Start Day:
Saturday
Start Date:
0512812022
Start Time:
8:00am
End Day:
Saturday
End Date:
05128t2022
End Time:
12:00pm
Event Dates/Times: lndicate Dates/Times OPEN to attendees Expected Daily Attendance:
Participants Spectators volunteers/staff
Day:
Saturday
Date:
0512812022
Sta rt Time:
10.00am
End Time:
11:30am 250 300 25
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. lmmediately following the ceremony the remains will
be escorted to the Tahoma National Cemetery,
City of Port Orchard I Special Event Application
Revised 3/1/2O22
Page 3 of 10
Name of event:The UnfOrOOtten: Run tO TahOma
Location ofevent:
Type of Event:estival Jwatk/Run
-laraa{Jendor Fairl plock Partv /pttre
Event or organization Website: httpS://www.kitSapgOv.COm/hS/pageSA/AB-LAIS
Description of event:
Each year, the Kitsap County Board of Commissioners, Kitsap County Coroner's Office, Kitsap
County Veterans Advisory Board and Combat Veterans lnternational host The Unforgotten,
Run to Tahoma Celebration of Life Ceremony on Memorial Day weekend. The event includes
Page 222 of 232
Name of Organization: Kitsap County Veterans Advisory Board
Do you have an active City Business License?'es J rlo What is your UBI number?
Point of Contact Name: plg6ard Begkef
Street Address:
614 Division St. MS-23
Mailing Address: (if different from street address)
citv:P6p1 Orchard State:WA zin:99366 City:State zip
Phone:$$Q-337 -4811 Alternate Pho ne: 360-63 3-0202 Email : rbecker@co.kitsap.wa.us
Organization I nformation*
*Pleose note the orgonizotion information provided moy be shared for inquires mdde 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://lcb.wa.eov/ for
additional information and to apply for the appropriate license / Permit.
Will alcohol be sold or consumed at your event?f]v",* mu.
*lf yes, you must contqct the Washington State Liquor ond Cqnnqhis Boord for o special liquor license.
Food
You will need to reach out to the Kitsap Public Heslth District qs they may require a temporory food establishment permit,
Visit their website dt https://kitsappublichealth.ora/FoodSofetv/food vendors.php or coll (360) 728-2235 for informqtion.
Will your event have any food service and/or sale
Will your event have professional catering?
Will your event have food trucks?
Will your event have food booths or food vendors?
m','
Mt"
flr'r.
m.
lf yes, how many:
lf yes, how many:
lf yes, how many:
lf yes, how many:
Restrooms
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
25O to 499 4
500 to 900 6
1,000 to 1,999 t2
2,OOO lo 2,999 25
3,000 to 3,999 38
4,000 to 4,999 50
City of Port Orchard I Special Event Application
Revised 3/1/2o22
Page 4 of L0Page 223 of 232
Collection Stations: How many bins are you providing as collection containers at your event?
1
Recycle G.rb.g" 1
Will you manage your own recycling and garbage collection or will it be managed by a vendor?
self-naul:fres o List vendor/com pany, 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.
Garbage and Recycling
Amplified Sound
Does your event have any amplified sound? fZv"t No
Noise levels generoted sholl not be in excess of allowoble levels, consistent with POMC 9.24.050. For more informdtion
pleose contact the Port Orchard Police Department (360) 87&7700.
Tents
Does your event include a tent or membrane structure?
lf yes, what is the tent size Does the tent have sides?lves applicable
Moy be required to obtain o permit per POMC 20,204,070 please contqct Community Development (3ffi) 874-5533,
nr", M*.DotApplicabte
City of Port Orchard I Special Event Application
Revised 3/1/2022
Page 5 of 10
lndicate dates/time of any amplified sound below
Day:
Saturday
Date;
0512812022
Sta rt Time:
9:30am
End Time:
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.
Desoibe 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.
Page 224 of 232
Use of City Right-of-Woy dnd Parking lmpocts
Use of State Highway:
Will this event require closure of a State Highway Street (Bay Street/SR166)?
For Stqte Highway Closures (Bay Street), the sponsoring organizdtion must submit the opplicotion to the city at leqst 72O
colendor doys before the event dqte. Upon city approval of the event, the sponsoring organization sholl seek permission
from the Woshington Stote Deportment of Tronsportotion (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 opplicotion is locoted af.' https://www.wsdot,wa.sov/contact/events/special-events
Use of Public Property (Right-of-way): eort 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."
Mv"' fI No
Yes EttWill this event require closure of any of the below public property?
lf yes, indicate what type of public property is requested to be closed and the location (select all that apply):
City Parks:
Zee Park
I Powers Park
Parking Lots:
rmick Village Park
Park
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
Turner Park
ivens Park
5: all parking on City
all property in front of
the Police department
l--lrot 6: abutting the
Ulandscaped area at the
SW corner of the Bay St
and Dekalb St
intersection
ockwell Park
7: all parking spaced
ocated on the library
property which is limited to
library staff only
8: employee parking lot
of City Hall adjacent to
Prospect Alley which is
between Kitsap Street and
Prospect Street.
[,*ano
1: between Orchard
Frederick streets on
the north side of Bay
Street
2: between
Street and
Sidney Avenue, north of
Bay St.
lZsid"","tk'Division Street between Sydney and Cline streets.
fZbtr""t1 sl tf requesting street closure, fill out the closure informotion below ond provide o troffic control plan of the
areo impacteo' Diuirion, sydney, and rremont.
Traffic Control Plan:
Provide the name of the traffic control company you are using to direct traffic, manage road closures, and providing certified
fl a gge rs:
We will use volunteers to direct visitors.
City of Port Orchard I Special Event Application
Revised 3/1/2O22
Page 6 of 10Page 225 of 232
Street Closure Details:
Parking lmpacts
Have parking impacts been coordinated with neighbors (residential/business)? Mt",Not Applicable
lf 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 areas
Event Signoge
Are you planning to put up temporary signs Yes m"
POMC 20,732.29O "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?!t", ffiuo
lf so, will they be selling merchandise and/ or food?llr"t f]ruo
lf so, how many anticipated exhibitors/vendors will be at your event?
-
POMC 5.96, if your event hos two or more vendors engoged in public property vending, you are required to hove a Mqster
Multi-Vendor Event License (MMVEL). The MMVEL fee is $75.00 per doy or $200 per month. POMC 5.96.020(S)(d) states the
City of Port Orchard I Special Event Application
Revised j/1/2022
Page 7 of 10
Street Name:Between
(cross street)
And
(cross street)
Start Date Start Time:End Date End Time:
Divison Sydney Cline 05t2812022 9:30am a5t2812022 11:00am
Sydney Division Tremont 05t2812022 11:00am 0512812022 1 1:1Sam
Tremont Sydney SR1 6 0512812A22 1 1:15am 05t2812022 11:30am
Additional details: (attach additional pages as needed for more streets and/or more details about use.)
Elite riders will serve as intersection road guards.
Page 226 of 232
sponsor ol the moster event shall provide a list of porticipating vendors, their business nomes, their addresses and their Stqte
Tax Revenue ldentificotion Numbers to the city clerk within three working doys after the first doy of the operotion.
e 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.
o Vending devices must be removed from vending sites daily between the hours of 10:00 p.m. and 6:00 a.m.
r 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.
o 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,
o 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.
r No mechanicalaudio or noisemaking devices are allowed, and no hawking is allowed.
r 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,
r 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
r Noconductshall bepermittedwhichviolatesanyothersectionofthePortorchardMunicipal Code.
Site Map
A site map is required to be submitted which includes the following:
n YesVendors
Beer Garden
Signage:
Tents:
Public entrances and exits:
Road closures and detours
Traffic patterns:
Fire Lanes:
Ga rbage/Recycling:
Barricades:
First Aid:
Parking:
Restrooms:
Yes
Yes
Yes
Yes
Yes
Yes
Yes
m
n
V
V
f,
No
No
No
No
No
No
No
No
No
No
No
No
No
Not applicable
Not applicable
Not applicable
Not applicable
Not applicable
Not applicable
Not applicable
Not applicable
Not applicable
Not applicable
Not applicable
Not applicable
Not applicable
Not applicable
M v"'
mY*
EY*
mt*
El'"'
lf event is a run/walk, list start and stop locations and water/rest stations:
Yes No V
City of Port Orchard I Special Event Application
Revised 3/1/2022
Page 8 of 10
Page 227 of 232
lnsurdnce
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 lnsured with minimum coverage to be as follows:
51,000,000 Liability; S1,000,000 Bodily lnjury
Special Event lnsurance for events held at city-owned facilities can be purchased at eventinsure.hubinternational.coml,
Releose
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, indemnifli, 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 ond is subjed to public disclosure lqws in Chopter 42.56 RCW.
or Chair of , agree to the terms and conditions listed above.1,
Signature ent/Chair of Organizati onP Print Name Date
FOR CITY CLERK'S OFFICE USE ONLY
Comments received by:
Date final review sent:
Date 550 Permit Fee Received:
I police ! puUtic Works n Finance n Community Development I ritsap Transit n clerk's office f] Health District
Date lnsurance Certificate(s) Received
Does event require a Master Multi-Vendor License: I Yes n ruo lf Yes: [ $15/day fee I S2O0/monthly fee
Number of days:Amount Date fee paid
City of Port Orchard I Special Event Application
Revised 3/7/2O22
Page 9 of 10
Page 228 of 232
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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
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not going to
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Page 231 of 232
Attachment
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I• 1 .� T I t;
Signs
L= Pori Orchard
49,
C;�3Riiti.rt ..� Direction°,Stgn�' 1 i _ 1
Qlf@ctl6fl Sign
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�r . r. • ��, a 4 D i t i n St
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oc� .hearth . �+�' �I , 3 ;• �., $1
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