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08/09/2022 - Regular - PacketMayor: Rob Putaansuu Administrative Official Councilmembers: MarkTrenary E/D & Tourism Committee, Chair Utilities/Sewer Advisory Committee Transportation Committee KRCC-alt Shawn Cucciardi Finance Committee E/D & Tourism Committee Lodging Tax, Chair Fred Chang Economic Development & Tourism Committee Land Use Committee Transportation Committee Jay Rosa pepe Finance Committee, Land Use Committee KRCC, PSRC-alt, PSRCTranspol-alt, KRCCTranspol alt, KRCC Planpol-alt, John Clauson Finance Committee, Chair Utilities/Sewer Advisory Committee Kitsap Public Health District-alt Cindy Lucarelli (Mayor Pro-Tempore) Festival of Chimes & Lights Committee, Chair Utilities/Sewer Advisory Committee, Chair Kitsap Economic Development Alliance Scott Diener Land Use Committee, Chair Transportation Committee Department Directors: Nicholas Bond, AICP Development Director Chris Hammer -Interim Director of Public Works/City Engineer Tim Drury Municipal Court Judge Noah Crocker, M.B.A. Finance Director Matt Brown Police Chief Brandy Wallace, MMC, CPRO City Clerk Meeting Location: Council Chambers, V Floor 216 Prospect Street Port Orchard, WA 98366 Contact us: (360) 876-4407 cityhal I@cityofportorchard.us City of Port Orchard Council Meeting Agenda August 9, 2022 6:30 p.m. Pursuant to the Open Public Meetings Act, the City Council is conducting its public meeting in the Council Chambers at City Hall. Members of the public may view and provide public comment during the meeting in person at City Hall, via the online platform zoom (link below), or via telephone (number below). The public may also view the meeting live on the City's YouTube channel. Remote access only Link: https://us02web.zoom.us/J/88171269350 Zoom Webinar ID: 8817126 9350 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. Approval of a Grant from Kitsap Bank for the Festival of Chimes and Lights Event (Wallace) Page 4 D. Adoption of a Resolution Declaring Certain Items as Surplus and Authorizing its Disposition Thereof (Wallace) Page 8 E. Approval of the July 19, 2022, City Council Work Study Session Meeting Minutes Page 11 5. PRESENTATION A. Introduction to the 2022/2023 Fathoms 0' Fun Royalty Court B. Community Center (Rice Ferguson Miller) Page 14 C. Water Rate Update (J. Brown) 6. PUBLIC HEARING 7. EXECUTIVE SESSION Pursuant to RCW 42.30.110(1)(i), the City Council WILL hold a 15-minute executive session regarding potential litigation. 8. BUSINESS ITEMS A. Adoption of an Ordinance Amending POMC Sections 2.16.030 and 10.12.010 and Chapter 10.04, Pertaining to Parking Enforcement (Archer) Page 28 B. Adoption of an Ordinance Authorizing Positions of Public Works Director and Information Technology Manager and Setting Salary for Public Works Director (Lund) Page 43 C. Adoption of Ordinance No. 032-22, Amending POMC Chapter 2.75 Modifying Occupancy Limits for the Active Club Building (Lang) Page 50 D. Adoption of a Resolution Adopting Updated Right of Way Acquisition Procedures (Archer) Page 60 E. Adoption of a Resolution ADDrovine a Contract with Shea Carr & Jewell. Inc. dba SCJ Alliance for the Bethel Phase 1-Intersection Improvement Protect (Hammer) Page 82 F. Adoption of a Resolution Approving a Contract with K&K Construction, LLC for the DCD Building Repairs South Face Protect (Hammer) Page 136 G. Adoption of a Resolution Approving an Application for Grant Funding from the State Recreation and Conservation Office for Culvert Removal Projects (Hammer) Page 181 H. Adoption of a Resolution Approving a Contract with Excel Business Systems, Inc. for the Maintenance of the Public Words Admin. Copier (Wallace) Page 188 I. Adoption of a Resolution Approving a Contract with KCI Technologies, Inc. for Asset Management Strategic Planning (J. Brown) Page 192 J. Adoption of a Resolution Authorizing the Rental of Two (2) Portable Bypass Pumps for Eldon Trails Lift Station from Sunbelt Rentals, Inc. (Lang) Page 222 K. Approval of a Memorandum of Understanding with the Police Guild Representing Sergeants for the Voluntary Reversion of an Employee to Sergeant Rank (Lund) Page 233 L. Approval of a Memorandum of Understanding with the Police Guild Representing Sergeants for Wages and Benefits for Sergeant Assignment to Detective Unit (Lund) Page 234 M. Approval of an Agreement with Teamsters Local 589 Representing Public Works Employees Regarding Calculation of Overtime (Lund) Page 235 N. Approval of Participation in Settlement of Opioid Litigation State of Washington v. McKeeson Corp., Cardinal Health, Inc., and Amerisource Bergen Drug Corp., Kitsap County Cause No. 19-2-0975-9 SEA (Archer) Page 236 O. Approval of the July 26, 2022, City Council Meeting Minutes Page 286 9. DISCUSSION ITEMS (No Action to be Taken) A. 1/10th Ordinance Transportation Benefit District (Mayor) Page 292 10. REPORTS OF COUNCIL COMMITTEES 11. REPORT OF MAYOR 12. REPORT OF DEPARTMENT HEADS 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.citvofportorchard.us or by contacting the City Clerk's office at (360) 876-4407. August 9, 2022, Meeting Agenda Page 2 of 3 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. EXECUTIVE SESSION: Pursuant to RCW 42.30.110, the City Council may hold an executive session. The topic(s) and the session duration will be announced prior to the executive session. 15. CITY COUNCIL GOOD OF THE ORDER 16. ADJOURNMENT COMMITTEE MEETINGS Date & Time Economic Development and August 15, 2022; 9:30am Tourism Utilities September 13, 2022; 5:00pm Finance TBD; 2022 Transportation September 26, 2022; 4:30pm; 4t" Tuesday of each month Festival of Chimes & Lights August 15, 2022; 3:30pm Land Use August 17, 2022; 4:30pm Lodging Tax Advisory September; 2022 Sewer Advisory August 17, 2022; 6:30pm Outside Agency Committees Varies *South Kitsap Reclamation Facility, 1165 Beach Drive Port Orchard Location Remote Access Remote Access Remote Access Remote Access Remote Access Remote Access Remote Access SKWRF* Varies Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned. The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required. Meeting materials are available on the City's website at: www.citvofportorchard.us or by contacting the City Clerk's office at (360) 876-4407. August 9, 2022, Meeting Agenda Page 3 of 3 Back to Agenda ;W 4 a Agenda Item No. City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Consent Agenda 4C Agenda Staff Report Subject: Acceptance of a Grant from Kitsap Bank for the Chimes and Lights Event Meeting Date Prepared by Atty Routing No.: Atty Review Date st 9, 2022 Brandy Wallace, MMC City Clerk N/A N/A Summary: Each year, Kitsap Bank seeks applications for the Kitsap Bank Community Connections Grant. For the last several years the City has applied, and received, funding for the Festival of Chimes and Lights event. The grant funds are used to purchase lights, decorations and/or other various items needed for the event. However, pursuant to RCW 35A.11.040, acceptance of any grant requires council approval. In addition, a grant is a contract, and under RCW 35A.11.010, the city council is the contracting authority for the City. This year the funds will be spent on purchasing of additional lights for decorating downtown and City Hall, as well as to purchase prizes for winners of the downtown Bay Street tree decorating contest. Recommendation: Staff recommends approval of the grant as presented. Relationship to Comprehensive Plan: N/A. Motion for consideration: "I move to accept the grant from Kitsap Bank for the Festival of Chimes and Lights event, as presented. Fiscal Impact: $1,000 will be deposited into the General Fund. Alternatives: Not approve and provide direction to staff. Attachments: Kitsap Bank approval letter. Page 4 of 295 Back to Agenda From: Brandy Rinearson To: Jenine Floyd Subject: FW: 2022 Kitsap Bank Community Connections Date: Monday, December 27, 2021 11:05:29 AM Attachments: imaae001.Dno ACH Vendor Agreement and Authorization.Ddf KB StandardsGuide6.odf Kitsao Bank Photooraoh Release.docx KitsaoBank Primary 2CLRJoa Statement Message Request Form.doc ra Best Wishes, Brandy Rinearson, MMC, CPRO City Clerk/Assistant to the Mayor City of Port Orchard Direct (360) 876-7030 Fax (360) 895-9029 www.cityofportorchard.us City Hall is open to the public, Monday through Friday Sam to 4:30pm. Emergency services are available 24 hours a day by calling 911. Please consider the environment before printing this e-mail. Please be aware that e-mails which pertain to City business may be considered public records and may be subject to public disclosure laws. If you think that you have received this e-mail message in error, please notify the sender via e-mail or telephone at (360) 876-7030. From: KB -Marketing <marketing@kitsapbank.com> Sent: Thursday, December 23, 2021 9:15 AM To: Brandy Rinearson <brinearson@cityofportorchard.us> Subject: 2022 Kitsap Bank Community Connections Dear Brandy, Thank you for your application to Kitsap Bank's Community Partner Program. Our committee has reviewed your application for funding, and we are pleased to inform you that your 2022 request on behalf of the City of Port Orchard has been approved for the Festival of Chimes & Lights in the amount of $1,000. This payment will be sent to you in October. Important Information and Next Steps: • Event Date Please email marketingCcDkitsapbank.com no later than a month prior to your estimated event date with confirmation of event. Due to the current environment, please contact us as soon as possible if your event is postponed, canceled, or has been moved to virtual; we will work with Page 5 of 295 you to determine the best use of the allotted sponsorship funds in 2022. • Sponsorship Payment Your event date will determine when the sponsorship payment is made (typically 90 days in advance). Attached is our ACH Vendor Agreement, for us to process sponsorship payment please complete and return it to marketing0kitsapbank.com. • Logo Kitsap Bank's logo files are attached for your use. When using our logo, please refer to the attached Standards Guide for guidance in usage. • Photos We love what you're doing, and we want to hear (and see) your stories! We request that you provide a minimum of three photographs, which we may feature on our Kitsap Bank website, in advertisements, or in print materials. The attached release form will need to be signed by all persons appearing in your selected photos, and returned to marketing(@ kitsapbank.com. • Social Media We encourage you to share photos and event posts with us on social media using the hashtags #causegood and #kitsapbank. • Statement Messages/Event Promotion As a Kitsap Bank Community Partner, we offer the added benefit of announcing your event on a space -available basis in our monthly statements, as well as listing your organization on our web site. A form is attached with instructions for submitting your announcement to our Marketing Department. • Sponsor Ads If our sponsorship comes with an advertisement, please email marketing(@kitsapbank.com with the ad dimensions, color requirements, file type and deadline. We require a minimum two week notice so that we can prepare the ad. • 2023 Application Deadline — Sept. 16, 2022 The 2023 Community Connections Application must be completed and received no later than Friday, September 16, 2022. Should you wish to apply next year, please apply online at https://www.kitsapbank.com/about-us/community ig ving/community-connections/ . Like you, Kitsap Bank is committed to supporting our neighbors and enriching our community. We thank you for your commitment to make a difference, and look forward to supporting your efforts over the coming year. Sincerely, Amber Amber Burton Marketing Officer Page 6 of 295 P 360.876.7883 f 360.876.7885 619 Bay Street Port Orchard, WA 98366 To send me documents please use this secure upload link: https://kitsapbank.sharefile.com/r- rb04c035633a9420e9f8b944be62482d4 Kitsap Bank continues to monitor the rapidly evolving COVID-19 situation. Please be assured that we are committed to supporting you, our employees and our community through this situation. For up-to-date information, please refer to bttps://www.kitsapbank.com/about-us/covid-19-update/ and follow us on social media. *** PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS EMAIL. *** This message (including any attachments) contains confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient, please: (i) delete the message and all copies; (ii) do not disclose, copy, distribute or use the message in any manner; and (iii) notify the sender immediately. In addition, please be aware that any message addressed to our domain is subject to archiving and review by persons other than the intended recipient. The above does not represent an electronic signature for the purposes of E-SIGN. When sending sensitive financial information to me, please use the Zix Secure Message Center. This free service uses state- of-the-art encryption technology to ensure that both the email and all attachments are fully protected. To access Zix click here; https://secure-kitsapbank.com. To send me documents please visit our Secure File Transfer Site at: htWs://www.kitsapbank.com/ft This message was secured by Zix®. Page 7 of 295 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Consent Agenda 4D Subject: Adoption of a Resolution Declaring Certain Back to Agenda Meeting Date: August 9, 2022 Prepared by: Brandy Wallace, MMC Items as Surplus and Authorizing its Disposition Thereof Atty Routing No. Atty Review Date City Clerk N/A N/A Summary: Pursuant to Port Orchard Municipal Code Section 1.30.020, 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 the following items: Asset tag WS-4013325-09 Description GPS unit Make/model Trible Geo Explorer 2008 series Value $0.00 Reason to surplus obsolete/ not working Asset tag 99017-16 Description Flow tracker Make/ Model Flow tracker Value $0.00 Reason to surplus obsolete/ not working Asset tag TBD Description Compact Track Loader (Skid Steer) Make/ Model 2011 323D/JD Value $16,292.94 Reason to surplus not salvageable after fire All items have reached the end of their useful life. The Finance department and the City's insurer have estimated the current value to be approximately $16,292.94. RCW 35.94.040 (2) requires a public hearing prior to disposal of equipment originally acquired for public utility purposes, if the estimated value of the property is more than $50,000, therefore a public hearing is not required. Page 8 of 295 Back to Agenda consent Agenda 41) Page 2 of 2 The value of the Compact Track Loader was determined by the City's insurer as a result of the City's insurance claim, when the item caught fire mid -June. As for the remaining items, although the City's internal asset value is $0, any money from the sale of the surplus property is deposited into the Fund which owned the item. Keep in mind, when disposal is to the general public through direct sale, sealed bid, or auction the 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 best 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 items presented for surplus and allowing for its disposition. Relationship to Comprehensive Plan: N/A Motion for consideration: 1 move to adopt a resolution declaring the items presented for surplus and authorizing its disposition. Fiscal Impact: Money received from the disposition of surplus item will be deposited in the Fund of ownership. Alternatives: Do not adopt and provide direction to staff. Attachments: Resolution. Page 9 of 295 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, DECLARING CERTAIN ITEMS AS SURPLUS AND AUTHORIZING ITS DISPOSITION THEREOF. WHEREAS, certain personal property owned by a utility proprietary fund (water, sewer, and stormwater) 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 $16,292.94; 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 property; and WHEREAS, RCW 35.94.040 (2) requires a public hearing prior to disposal of equipment originally acquired for public utility purposes, if the estimated value of the property is more than $50,000, therefore a public hearing is not required; and WHEREAS, the City Council desires to dispose a Trible GEO Explorer 2008 series, Flow Tracker, and a 2011 323D Compact Track Loader 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 Trible GEO Explorer 2008 series, Flow Tracker, and a 2011 323D Compact Track Loader 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 91" day of August 2022. ATTEST: Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 10 of 295 Back to Agenda City of Port Orchard Council Meeting Minutes Work Study Session Meeting of July 19, 2022 CALL TO ORDER AND ROLL CALL Mayor Putaansuu called the meeting to order at 6:31 p.m. Roll call was taken by the City Clerk as follows: Mayor Pro-Tem Lucarelli Councilmember Chang Councilmember Clauson Councilmember Cucciardi Councilmember Diener Councilmember Trenary Councilmember Rosapepe Mayor Putaansuu Present via Remote Access Present Present Present Present Present Present Present via Remote Access Staff present: Community Development Director Bond, Finance Director Crocker, Police Chief M. Brown, City Clerk Wallace, and Deputy City Clerk Floyd. Staff present via Zoom: Utilities Manager J. Brown The meeting also streamed live on YouTube. Pledge of Allegiance (Time Stamp 0:00:22) Councilmember Clauson led the audience and Council in the Pledge of Allegiance. 1. Water Rates (Time Stamp 0:00:58) Utilities Manager Brown explained this water rate discussion has been worked on by the Public Works, Community Development, and Finance departments. She then introduced the City's consultant, Katy Isaksen. Katy Isaksen with Katy Isaksen and Associates provided a presentation, "City of Port Orchard Water Rate Study", which included water rate study summary, state of the water industry executive summary, rate study goals, water revenue, six -year water expense, Water Capital Program (CIP), six - year water outlook, rates to promote conservation, residential rate structure, comparable 2022 water bills, larger meter sizes, non-residential base by meter size, and next steps. Page 11 of 295 Back to Agenda Minutes of July 19, 2022 Page 2 of 3 Additional discussion was held regarding base rates, time frame of new rate structure, moving to conservation rates, public comments, and a franchise agreement to collect utility tax from service areas serviced by Bremerton. Council Direction: No direction was given to staff. 2. Utility Taxes (Time Stamp 36:18) Mayor Putaansuu noted he spoke about utility taxes during the last discussion item. Council Direction: No direction given to staff. 3. Parks Impact Fee Schedule (Time Stamp 36:25) Community Development Director Bond reported the City currently charges park impact fees on residential development. The City adopted a new parks plan on June 28, 2022, and in that parks plan is a hefty capital improvement program. We don't expect to build all $120 million worth of projects in the six -year term, but we identified a couple projects that are likely to move forward in the next six -year period. A major funding source for those projects would be impact fees. In the staff report, there are six projects, four which relate to, or are surrounding, the community events center. The other projects are a portion of the Bay Street Pedestrian Pathway project and the stormwater park at Sherman. These six projects require a total of $15,138,350 in park impact fee funding. At the 57% impact fee funded proposal, and based on current development activity, the total projected revenue through 2029 would be around $10 million. There are three alternatives; set the park impact fee at 57% growth supported effective September 11t; set the park impact fee at 35% effective September 1st then increase it to 57% on March 1, 2023; or set the park impact fee per SFR at 35% effective September 1st then increase it to 46% on March 1, 2023, and 57% on March 1, 2024. These were discussed at the Finance Committee meeting, and their recommendation is to set the initial six-month step at 45% and increase to 57% on March 1, 2023. Additional discussion was held regarding the costs of these alternatives and the revenue impacts of each, expected development within the next six -years, total revenue costs, and school impact fees. Council Direction: Staff was directed to bring forward an ordinance in which the initial increase would occur on September 1, 2022; the second increase would occur on February 27, 2022. The steps are proposed at 45% development funded and 57% development funded, respectively. The steps for a single-family house would be that the current fee of $811 per dwelling would increase to $4,280 on September 1, 2022, and $5,421 on the following February 27tn 4. Public Works Structure (Time Stamp 54:45) Page 12 of 295 Back to Agenda Minutes of July 19, 2022 Page 3 of 3 Mayor Putaansuu explained with the recent departure of the Director of Public Works/Engineering, it allowed the City to take a step back and look at the structure of things. We are a growing City, and an Organizational Assessment Survey was completed with our last salary survey. The survey recommended a different structure in the Public Works department. Mayor Putaansuu said as we talked about a new organizational chart, the Finance Director brought up concerns related to cost allocations, particularly related to the Engineering Department. The Planning Department can't be paid with enterprise funds, but our engineers do a lot of work on our utilities. Our concern is we don't want to have any unattended consequences from these changes. Next week, two new job descriptions are being brought forth that will split the Director of Public Works/Engineering position to two different positions and make interim appointments with two existing employees. The Assistant City Engineer becoming the interim City Engineer, and the Public Works Supervisor will become the interim Public Works Director. We will then take the next sixty - days to make sure we don't have any unattended consequences with this change. The only thing undecided, is where, or who, the engineering group would report to. More discussion was held on required certifications, right-of-way acquisitions and pathway purchases, maintaining the current structure, and promotions and jobs of the current Planning Department employees. Council Direction: No direction was given to staff. GOOD OF THE ORDER (Time Stamp 1:03:33) Councilmember Clauson reported on the July 14t" USS Lewis and Clark 50-year reunion at Clayton Park. Mayor Putaansuu, Councilmember Clauson, and Councilmember Diener reported on the July 16tn walking tour of Port Orchard. Councilmember Rosapepe said the Seattle Times had a full page of things to do in Port Orchard. ADJOURNMENT The meeting adjourned at 7: 45 p.m. No other action was taken. Audio/Visual was successful. Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 13 of 295 Back to Agenda Overall Design Th The overall area is being designed as a community destination for daily informal gatherings and larger formal weekly, monthly and annual events. Flexibility and shared use of the outdoor spaced is key to being able to activate the spaces. Site Activation and Proarammina include: • POCEC events • Library Children s space • Library Teen space • Seating Edge • Flexible event space • Food trucks • Retail/Entry • Stage • Waterfront viewing, limited shoreline access Vision t7-. - PORT- .� ORCHARD- - OBSERVATION'''''_. FUTURE r•• r oo tLIFT < . � • ,�* STATION -3 F, FUTURE POCEC nRCHARD *AVE \. RT,F PLAZA 777 p� 11 I 11i E T r _ Lr4 PORT ORCHARD YACHT SALES r ■49 \ I NV�4,;.•.1�r f � F L •+r 0<�> FUTURE KITSAP BANK r x 14 -. 7 r jiliq C FUTURE DEVELOPMENT ---- i i46 L r ; ..r �. i r 4% �s r 'i ....� r n� r ORT ORCHARD .A. EXISTING BUILDING A r r Page 14 of 295 Back to Agenda Overall Design Site Activation and The overall area is being designed as a community destination for daily informal gatherings and larger formal weekly, monthly and annual events. 4 � t Flexibility and shared use of the outdoor spaced is key to being able to activate the w,,t1 • =�� v* rr��• _ r spaces. Site Activation and Programming include: POCEC events � • Programm • Library Children's space _ • Library Teen space S T • Seating Edge 7_1 1 � P� • Flexible event space \ Food trucks • Retail/Entry • Stage i PORT • Waterfront viewing, limited shoreline WORCHARDc access LEGEND flexible event plaza space seating and gathering building entrance space service/functional space food truck plaza drop off zone Shoreline restoration area. Demolish or restore existing seawall. pedestrian, bike and service access routes J i n g P0R ' ORCHARD " OBSERVATION STATION POCEC 0 rR RD I- _4 f 7 FUTURE DEVELOPMENT U � J � - 1 f t: r �3, u FUTURE KITSAP BANK s� PORT A bRCHARD MAR!NA ]' 60 1 inch = 30 feet •A A • v 1 Page 15 of 295 Back to Agenda POCEC Site Plan I Landscape Architecture & Urban Design Concepts removal of seawall shoreline restoration, with limited access to water Waterfront esplanade Service vehicular access Book drop parking space playful pavement inlays that provide a sense of discovery and tell the story of Port Orchard _ swings with a view C a FORT •PLAZ ' • . ��' _• _• WIN ■ice �� ■ ��* ■ram w ■ ■■■■■■■■■■■■■■■r Ag! 7r, ............... . f iconic beacon public art sculpture, potentially commission in partnership with the Suquamish Tribe paver pattern to reflect historic shoreline with metal inlay to show contour lines rediscovering the BEACH TO BAY ST NATURAI ENVIRONMENT natural shoreline sand seaglass logs and driftwood rock and boulders native grasses water / waves FOCAL HISTORY & INDUSTRY Suquamish tribe exploration ferries/marine Page 16 of 295 Back to Agenda POCEC Site Plan c stumps provide a variety fo seating and oportunit for play. Tops can be decorated with pops of color. cargo net hammocks provide a fun play element and lounger mosiac rock and/or shell edge provides a fun texture and pattern yi -4 Landscape Architecture & Urban Design Concepts rainwater rills / water play y JL w � r - -.. .. - t-:rS►.s�4['�>` r�� ►.,� �r� dS�iiM�LS�.,l3��Q�� i _ �ti�. , .?'lkS .r.:�7�i :i:..:. coastal plantings with local industry art large seesaw for adults and children playful windmill with a pop of color sealife play sculpture KIP'r% Pl AY AREA A natural play area inspired by nature with elements that provide connection to the shore and water nearby. The area is inspired by the shoreline environment as well as acknowledging the history of indigenous peoples, encouraging the sense of exploration, learning and surprise. NATURAL ENVIRONMENT natural shoreline sand sea glass logs and driftwood rock and boulders native grasses water / waves PLAY sense of discovery whimsy fun pops of color creativity environmental education Page 17 of 295 Back to Agenda POCEC Site Plan I Landscape Architecture & Urban Design Concepts e e0000000 TEEN ARE= A dynamic teen area inspired by nature with materials that connect to the shore and water nearby. The hardscape will reflect patterns found in baskets and art of the Suquamish Tribe, creating a beautiful rug to make the space feel like an outdoor living room. Seating provides options to read, visit with friends, relax or people watch. NATURAL ENVIRONMENT natural shoreline sand sea glass logs and driftwood water / waves TEEN SPACE inclusive educational flexible comfortable protected Page 18 of 295 Back to Agenda NOTES & LEGEND - SITE PLAN iticEfergusmiLLER ARCHITECTURE INTERIORS PLANNING VIZLAB Q ti CV ti CV CV C:) CV N 00 W H Z_ ry a_ Lu LLJ H Q I ►i SITE PLAN 1" = 20'-0" 0 10, 20' 40' KEY NOTES - SITE PLAN # NOTE DESCRIPTION 01 SAMPLE SITE PLAN KEYNOTE PARKING STALLS STALL TYPE CITY COMMENTS 9' x 18' 10' x 18' 4 3 ACCESSIBLE VAN 9' x 18' (8' AISLE) TOTAL 1 8 1. REFERENCE CIVIL DRAWINGS FOR ADDITIONAL INFORMATION. 2. LANDSCAPING DRIVEWAY/ SIDEWALK, CONTROL JOINTS PER PLAN PAVERS -'0000000< D 0 0 0 < DETECTABLE �0000000< WARNING SURFACE -- PROPERTY LINE — — — — — BUILDING SETBACK BUILDING OUTLINE ROOF OVERHANG SECOND FLOOR OVERHANG SITE SCOPE BOUNDARY SHORELINE SETBACK r-------------------I SEWER EASEMENT 275 FIFTH STREET, SUITE 100 BREMERTON, WA 98337 360-377-8773 RFMARCH.COM Q � M z M W U O z ry Q V W O U � V � O OC U) of Q O o- =z n V OC Lu > LL O Lu � Ow F- U) � � m � O U r.� PROJECT # (YYYY000.00) DESIGN DEVELOPMENT ISSUE DATE (MONTH DD, YYYY) I%*] I I a v W.11 0 SHEET # Al 1 mOl Page 19 of 295 IBack to Agenda . ■ ■ ■ .... ■ ■ ■ ... ■ ■ ■ ■ Li I m m m m m m m m m m R 3E m m m m m m m m m m m m m 9°BBABBBA96®A99®AAABA9ABAA6BBA9BBBo9 LEVEL 2 PLAN NTs ---- - T i� T n Tr — — — _ T n T T i_ T r 7r r r-I - - - - - - - - UP STAIR 2 I I I I I I I I I I I I I I I IIIIIII 146SF IIIIIIIIIIIIIII —i L LJ L LIB L LI1 LILJ I � I I I I I I � r— — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — T — — — — — — — — — — — I i I I Q----------------------------I-------------- 1 I `------- -----------------------------I--------- T 1------------------------- STAIR 4 140 SF OUTDOOR KIDS AREA I 1 UP I II I I I II I STAFF WORK OFFICE ROOM 121SF -- i ■ ■ ■ ■ ■ ■ ----- II w KIDS READING LIBRARY STACKS 469 SF -_ _ BREAK ROOM LIBRARY STACKS♦ ♦ \ AREA 359 SF ADULT READING 184 SF 181 SF . ♦ AREA / 466 SF O r� READING �I LOFT � ■ 468 SF D I- - - - - — LJ S ro li I o o PERIODICALS ■ flc] O IC �� 0 ■ OFFICE — — II II �� I I i I El 121SF STOR I I ■ I�---�� I 1 43 SF li li i LOUD WORK SELF CHECK l ROOM �� ■ ■ i� STAIR 1 310 SF ■ — — 205 SF I �Ic1 L - _ � GENERAL ` PROGRAM READING AREA LIBRARY LEX STORAGE SPACE IC ■ - - - 1,959 SF 60 SF TWEEAREA DING --- ■ 954 S - -34-SH v �� 136 SF �� °�� ■ mu - � o0 00 00 00 oa oo I IMDF --� DAR 1 - - - 71DA RR JAN - 7�DA RR ■ SHAREDSPRINKLER ELEV 2 42 SF - - � RESTROOMS75 Sk 43 SF 75 SF� o0 0o 00 00 0o 0o LIBRARY ASSISTANCE DESK-- 100 SF 113 SF 408 SFm Ell - � - - L�I�L ' j�SJA TORAGE � L� � o0 00 � ■ � � II = = SELF CHECK ■ ■ I ♦ � I I 1 ELEC ROOM 261 SF SHARED BUILDING VESTIBULE CORRIDOR ----- ♦ ♦ ■ ■ ■ ■ ■ ■ ■ ■ ♦ LOBBY 166 SF 175 SF li 554 SF li TENANT SPACE OFFICE `, / 1.139SF 132SF RECEPTION-------- L\ / 105SF L----� TEEN READING ............................ - - - J \ 1 AREA PARTNER OFFICE } 694 SF 246 SFrl T 00 00 00 111 IIIIIIIIIIIII ELEV 1 U 5TAIR 3 I_ FRIENDS 'COLLECTION I 1bs1SF I I I I I I I I I I I I I I I I OUTDOOR 109 SF 264 SF TEEN AREA-�1LL1L1L------J w 1 ------------------------------ / \ - I I — — — — — — — — — — — — — — — — — I I I I LEVEL 1 PLAN NTs I I ____________ --- MEETING SPACE .SUMMARY DESIGN DEVELOPMENT POCEC AUGUST09, 2022 C u E F ■ +OPEN (535 SF) ENCLOSED 21260SF (1) EXTRA LARGE EVENT / MEETING Rounds: 108 - 130 people Presentation: 90-115 people ................... +OPEN (535 SF) ENCLOSED ENCLOSED ' 11050 SF 19260 SF LARGE MEETING LARGE MEETING Rounds: 36 people Rounds: 72 people Presentation: 54 people Presentation: 72 people ■ ENCLOSED +OPEN (535 SF) 485 SF ENCLOSED MEDIUM MEETING Conference: 26-30 people Presentation: 20-25 people SMALL MEETING 170 SF 325 SF 170 SF Conference: 4-6 people Conference: 12-18 people COWORKI NG/LITE LAB ENCLOSED Space Accomodates: 16-25 people 19200 SF UNENCLOSED MEETING SPACE Lecture: 36-45 people Page 20 of 295 RIC OgZI.SNILLER Back to Agenda Mau F • A. i s. = � - rL A. _ ` F.A C 1.1k a F I w k— — VIEW FROM ORCHARD STREET PLAZA - MAIN ENTRY DESIGN DEVELOPMENT POCEC I AUGUST 09, 2022 Page 21 of 295 RIC(ergZI,SMILLER f; - - ems' _ ACL • ' 1 III��I!!!Il�lllllllllllll�u�� 1 1 • ■ h - L • _. r 1 RIC 1 1 � i ti L k 1 1 ti � 7 'i L I• • -1 r �' '•• J, r � � 1 1 • ' r- r IF % S r T ET rY 10 Ir — — — • lab Opp m ar 1 ' J 6 L 7 1 JL L f - • r Fr.16 VIEW FROM PORT STREET PLAZA DESIGN DEVELOPMENT POCEC I AUGUST 09, 2022 Page 22 of 295 RIC(ergZI,SMILLER � 1 ■ Tr L� T ■ + ph �� b S -eI� J 7mr,+ •. ' I I i s 1 :i�] Ji 90 Back to Agenda i F� a 1 IL 1 f k _ I---q=hwT- -1 1 L i -r P2 �i r - J �T _ L KEENS PORTAL - BAY STREET SIDE DESIGN DEVELOPMENT POCEC AUGUST 09, 2022 Page 24 of 295 RIC(ergZI,SMILLER Back to Agenda i I ■- r r Sir 6r �' I a u ■ �1 L71�w W-w- !'r 4 J 7 � T •f' 1 ■ - a � - Z Aw y J r I 1 r ' Z yy 1 m r -lip qw y •i r f t r 4 & 9� a * W. � ¢ r b F "md rEENS PORTAL - BAY STREET SIDE DESIGN DEVELOPMENT POCEC AUGUST 09, 2022 Page 25 of 295 RICF(ergZI,SMILLER i 1 i R L M. � L r L � _ • - I % ; •, i _ _ { ' -JL- L I m ILI ' ~ L . r �y1 J rtj LI y■ % 41 . :�N , frh r ppppopw- mmiloldo I A 2; ML f _ 1 F kb- h %*' r� r4 1- • Lf � Jr ••r r •L G+ ; -pi r. � � �� rti � � N' _ �,�r�,,, ��,'j• � •�'` r � • , i ,r . �r� L L� 1 ti 1 `,1 r . 1 r' •'• - I z-4 Li , of .[ irr . -1 L 1 • Ty� r 'r J j' ' 1 _ 1 • •�. L. � � .1 1 [ L �•� i ri ,r•, fr 4 1 5. •1 , ti ■rrrfL K. r r ti `Ll+r: E • r+r�•'r , 1 • r L rr 1 , 1 _ '� • L' ' •�� 9 ti "•C ri 4 ,' r ,•f 1 'o- �r Y r .1 • I . 1 T• i �T�•I ,• �. ' J L 1 ti N. •1 •1 i` 7 '1 ti•' 1 1 ! T i • r ti• ' {. rkr 1 1, ti h f r: • Pr IN IN EMERV • _ ' LrF - II ' � ' --�• ' iS r � r J •� ' 1' . . . '' ' Lr . � F 1- f �• r r• � � •� 7 1 I. ti Tyr : � 1 . ti '•� �1 ti , �' , 1 •L J 1 , D3.'f 101 It \I7:J7:10 11 L7ElMC//PUF/ 1// / L UMME 0 CC Back to Agenda :=jw � W�m r .&A t Jf 1 J r rr INN . �rV� IF J � 5� 1 i J J _ • •1 JJ- r ii k �r7l� Now -= LL JL J • Z - - Jr mir KIDS PORTAL - WATERFRONT SIDE DESIGN DEVELOPMENT POCEC I AUGUST 09, 2022 Page 27 of 295 RIC(ergZI,SMILLER Back to Agenda 'rM■ awsM'sw' 9[ 7n l,m a ;l ,+.1 Agenda Item No.: Subject: City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Business Item 8A Adoption of an Ordinance Amending POMC Sections 2.16.030 and 10.12.010, and Chapter 10.04, Pertaining to Parkine Enforcement Meeting Date: Prepared by: Atty Routing No: Atty Review Date: August 9, 2022 Charlotte Archer, Atty 366922-0011— DCD N/A Summary: The City Council recently adopted Ordinance No. 057-21, amending Port Orchard Municipal Code Chapters 10.12 and 2.16 to clarify the authority of non-commissioned members of the police department to issue civil infractions related to violations of the City's parking code. Due to the continued operational challenges of recruiting and retaining members of the Police Department to serve in these positions, the City Council then adopted Ordinance No. 029-22, further amending POMC Chapter 10.12 to reflect that the non-commissioned parking enforcement officers are employees of the Department of Community Development. This Ordinance further amends POMC Chapters 10.04, 10.12, and 2.16 to make further clarifications as to the authority of the non-commissioned parking enforcement officers, authorized to issue civil infractions related to violations of the City's parking code. Recommendation: Staff recommends the City Council approve an Ordinance amending Section 2.16.030, Chapter 10.04, and Section 10.12.010 of the Port Orchard Municipal Code, pertaining to parking enforcement. Relationship to Comprehensive Plan: N/A Motion for consideration: "I move to approve an Ordinance amending Chapter 10.04, and Sections 2.16.030 and 10.12.010 of the Port Orchard Municipal Code, pertaining to parking enforcement." Fiscal Impact: N/A. Alternatives: Do not approve ordinance and provide alternative guidance. Attachments: Ordinance Tracked code provisions (copy) Page 28 of 295 Back to Agenda ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, PERTAINING TO PARKING ENFORCEMENT; AMENDING PORT ORCHARD MUNICIPAL CODE SECTION 2.16.030, CHAPTER 10.04, AND SECTION 10.12.010; PROVIDING FOR SEVERABILITY AND PUBLICATION; AND SETTING AN EFFECTIVE DATE. WHEREAS, in 2021, the City of Port Orchard adopted Ordinance No. 057-21 in response to Engrossed Substitute Senate Bill 5051, which required limited commission members of the Port Orchard Police Department to qualify as reserve officers of the commissioning law enforcement agency; and WHEREAS, the Criminal Justice Training Commission, a state agency that oversees the training and certification of reserve officers, no longer provides said training and certification due to a lack of appropriation of funds for these efforts by the state; and WHEREAS, by Ordinance No. 057-21, the City Council amended Chapters 10.12 and 2.16 of the Port Orchard Municipal Code (POMC) to clarify the authority of non-commissioned members of the police department to issue civil infractions related to violations of the City's parking code; and WHEREAS, by Ordinance No. 029-22, the City Council further amended POMC Chapter 10.12 to reflect that the non-commissioned parking enforcement officers are employees of the Department of Community Development, due to the operational challenges of recruiting and retaining members of the Police Department to serve in these positions; and WHEREAS, by this Ordinance, the City Council further amends Chapters 10.04, 10.12 and 2.16 of the POMC to clarify the authority of the non-commissioned parking enforcement officers, authorized to issue civil infractions related to violations of the City's parking code; and WHEREAS, it remains the intent of the City that commissioned members of the Police Department retain concurrent authority to issue civil infractions for traffic and parking violations, and to work collaboratively with the Department of Community Development when certain parking violations are identified by non-commissioned staff members, subject to all relevant federal, state and local laws; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: Page 29 of 295 Back to Agenda Ordinance ivo. Page 2 of 7 SECTION 1. Amendment. Section 2.16.030 of the Port Orchard Municipal Code is hereby amended to read as follows: 2.16.030 Positions designated. In addition to the chief of police, the police department shall be staffed by regular commissioned personnel in such numbers and ranks as shall be deemed necessary by the city council pursuant to its adopted budget. The department may be supplemented by such support personnel as would be required to aid in the everyday operations of a police department. Such support personnel shall not be commissioned officers. (Ord. 057-21 § 1; Ord. 002-20 § 2). SECTION 2. Amendment. Chapter 10.04 of the Port Orchard Municipal Code is hereby amended to read as follows: Chapter 10.04 STATUTES ADOPTED Sections: 10.04.010 Adoption by reference. 10.04.020 Additional provisions adopted. 10.04.030 Sections not adopted. 10.04.010 Adoption by reference. The "Washington Model Traffic Ordinance," Chapter 308-330 WAC, except as identified in POMC 10.04.030 and as amended in POMC 10.04.040, is adopted by reference as the traffic ordinance of the city of Port Orchard as if set forth in full. (Ord. 005-11 § 1; Ord. 1605 § 1, 1994). 10.04.020 Additional provisions adopted. The following sections of the Washington Administrative Code (WAC) and the Revised Code of Washington (RCW) are adopted by reference, with any amendments thereto, and are included in the traffic ordinance of this city as if fully set forth herein: RCW 46.20.710. (Ord. 005-11 § 2; Ord. 1605 § 2, 1994). 10.04.030 Sections not adopted. The following sections of the Washington Model Traffic Ordinance are not adopted by reference and are expressly deleted: WAC 308-330-250 Police Department to administer bicycle licenses WAC 308-330-255 Police Department to regulate parking meters WAC 308-330-275 Traffic safety commission — Powers and duties Page 30 of 295 Back to Agenda Ordinance ivo. Page 3 of 7 WAC 308-330-500 Bicycle license required WAC 308-330-505 Bicycle license application WAC 308-330-510 Issuance of bicycle license WAC 308-330-515 Attachment of bicycle license plate or decal WAC 308-330-520 Inspection of bicycles WAC 308-330-525 Renewal of bicycle license WAC 308-330-530 Bicycle transfer of ownership WAC 308-330-535 Bicycle rental agencies WAC 308-330-540 Bicycle dealers WAC 308-330-825 RCW sections adopted —Littering 10.04.040 Model Traffic Ordinance, local amendments. WAC 308-330-320 is amended to read as follows: The following sections of the Revised Code of Washington (RCW) pertaining to vehicle size, weight, and load as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.44.010, 46.44.013, 46.44.020, 46.44.030, 46.44.034, 46.44.036, 46.44.037, 46.44.041, 46.44.042, 46.44.043, 46.44.047, 46.44.050, 46.44.060, 46.44.070, 46.44.105, 46.44.170, 46.44.173, 46.44.175, 46.44.180, and 46.44.190. WAC 308-330-187 is amended to read as follows: Traffic division. "Traffic division" means the traffic division of the City of Port Orchard, staffed by noncommissioned members of the Community Development Department authorized to issue civil infractions pursuant to the Port Orchard Municipal Code, provided, commissioned members of the police department retain concurrent jurisdiction to issue civil infractions pursuant to Chapter 46.63 RCW and this Title. SECTION 3. Amendment. Section 10.12.010 of the Port Orchard Municipal Code is hereby amended to read as follows: 10.12.010 Definitions. (1) "Bicycle" means every device propelled solely by human power upon which a person or persons may ride, having two tandem wheels either of which is 16 inches or more in diameter, Page 31 of 295 Back to Agenda Ordinance ivo. Page 4 of 7 or three wheels either of which is more than 20 inches in diameter. (RCW 46.04.071) (2) "Bus" means every motor vehicle designed for carrying more than 10 passengers and used for transportation of persons, and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation. (WAC 308-330-109) (3) "Bus stop" means a fixed portion of the highway parallel and adjacent to the curb to be reserved exclusively for buses for layover in operating schedules or while waiting for, loading, or unloading passengers; provided, that such bus provides regularly scheduled service within the jurisdiction of the local authority. (WAC 308-330-112) (4) "Crosswalk" means the portion of the roadway between the intersection area and a prolongation or connection of the farthest sidewalk line or in the event there are no sidewalks then between the intersection area and a line 10 feet therefrom, except as modified by a marked crosswalk. (RCW 46.04.160) (5) "Department" means the Department of Licensing unless otherwise specified in this chapter. (WAC 308-330-121) (6) "Director" means the Director of Licensing unless the director of a different department of government is specified. (WAC 308-330-123) (7) "Holidays" include the first day of January, commonly called New Year's Day; the third Monday in January, commonly called Martin Luther King Jr. day; the third Monday of February, being celebrated as the anniversary of the birth of George Washington; the thirtieth day of May, commonly known as Memorial Day; the nineteenth day of June, commonly known as Juneteenth; the fourth day of July, being the anniversary of the Declaration of Independence; the first Monday in September, to be known as Labor Day; the fourth Thursday in November, to be known as Thanksgiving Day; the twenty-fifth day of December, commonly called Christmas Day; and any other day specified by ordinance by the city of Port Orchard to be a holiday. Whenever any holiday falls upon a Sunday, the following Monday shall be a holiday. (WAC 308- 330-127) (8) "Legal owner" means a person having a security interest in a vehicle perfected in accordance with Chapter 46.12 RCW or the registered owner of a vehicle unencumbered by a security interest or the lessor of a vehicle unencumbered by a security interest. (RCW 46.04.270) (9) "Loading zone" means a space reserved for the exclusive use of vehicles during the loading or unloading of property or passengers. (WAC 308-330-133) (10) "Motor vehicle" shall mean every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. (RCW 46.04.320) Page 32 of 295 Back to Agenda Ordinance ivo. Page 5 of 7 (11) "Official time standard" means, whenever certain hours are named, standard time or daylight saving time as may be in current use within the jurisdiction of the local authority. (WAC 308-330-136) (12) "Park or parking" means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading property or passengers. (RCW 46.04.381) (13) "Passenger loading zone" means a place reserved for the exclusive use of vehicles while receiving or discharging passengers. (WAC 308-330-151) (14) "Planting strips" means that portion of a highway lying between the constructed curb, or edge of the roadway, and the property line exclusive of the sidewalk area. (WAC 308-330-154) (15) "Parking Enforcement officer" means a nonsworn, non-commissioned employee of the Department of Community Development as authorized to issue the non -criminal, civil infractions set out in this title. (16) "Police or police officer" includes the police officers of a city, a town marshal, or the sheriff and his/her deputies of a county, whichever is applicable, but when the term "sheriff" is used in this chapter, it shall only mean the sheriff. (WAC 308-330-157) (17) "Police chief or chief of police" includes the police chief or chief police officer of a city, a town marshal, or the sheriff of a county, whichever is applicable, but when the term "sheriff" is used in this chapter, it shall only mean the sheriff. (WAC 308-330-160) (18) "Police department" includes the police department of a city or town or the sheriff's office of a county, whichever is applicable, but when the term "sheriff" is used in this chapter, it shall only mean the sheriff. (WAC 308-330-163) (19) "Private road or driveway" includes every way or place in private ownership and used for travel of vehicles by the owner or those having express or implied permission from the owner, but not by other persons. (RCW 46.04.420) (20) "School bus zone" means a designated portion of the highway along the curb reserved for loading and unloading school buses during designated hours. (WAC 308-330-169) (21) "Service parking" means the use of a parking meter space while rendering service in cleaning, painting, adjusting, or making minor repairs or replacements in or to buildings or building equipment or to public utilities. (WAC 308-330-172) (22) "Sidewalk" means that property between the curb lines or the lateral lines of a roadway and the adjacent property, set aside and intended for the use of pedestrians or such portion of private property parallel and in proximity to a public highway and dedicated to use by Page 33 of 295 Back to Agenda Ordinance ivo. Page 6 of 7 pedestrians. (RCW 46.04.540) (23) "Stand or standing" means the halting of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers. (RCW 46.04.555) (24) "Street" means a "city street." (WAC 308-330-175) (25) "Taxicab" means a motor vehicle for hire used for the transportation of persons or compensation, and not operated exclusively over a fixed route or between fixed termini. (WAC 308-330-178) (26) "Taxicab stand" means a fixed portion of a highway set aside for taxicabs to stand or wait for passengers. (WAC 308-330-181) (27) "Tow truck operator' means a person, firm, partnership, association, or corporation which, in its course of business, provides towing services for vehicles and automobile hulks. (WAC 308- 330-184) (28) "Traffic division" means the traffic division of the City of Port Orchard, staffed by noncommissioned members of the Community Development Department authorized to issue civil infractions pursuant to the Port Orchard Municipal Code, provided, commissioned members of the police department retain concurrent jurisdiction to issue civil infractions pursuant to Chapter 46.63 RCW and this Title. (29) "Trailer or semitrailer" includes every vehicle without motive power designed to be drawn by a vehicle, motor vehicle, or truck tractor and so constructed that an applicable part of its weight rests upon or is carried by such motor vehicle, but does not include a municipal transit vehicle or recreational vehicle. (30) "Vehicle" includes every device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway, excepting devices moved by human or animal power or used exclusively upon stationary rails or tracks. (RCW 46.04.670) (31) "U-turn" means turning a vehicle so as to proceed in the opposite direction on the same roadway. (WAC 308-330-190) (Ord. 018-22 § 3; Ord. 018-18 § 1; Ord. 1650 § 2, 1996). SECTION 4. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. SECTION S. Publication. This Ordinance shall be published by an approved summary Page 34 of 295 Back to Agenda Ordinance ivo. Page 7 of 7 consisting of the title. SECTION 6. Savings Clause. Those portions of the Port Orchard Municipal Code which are amended by this ordinance shall remain in force and effect as set out prior to this ordinance until the effective date of this ordinance. Such amendments shall not be construed as affecting any existing right acquired under the laws repealed, nor as affecting any proceeding instituted thereunder, nor any rule, regulation or order promulgated thereunder. SECTION 7. Effective Date. This Ordinance shall take effect and be in full force and effect five days after publication, as provided by law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 911 day of August 2022. Robert Putaansuu, Mayor ATTEST: Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: SPONSOR: Charlotte A. Archer, City Attorney Scott Diener, Councilmember PUBLISHED: EFFECTIVE DATE: Page 35 of 295 Ordinance No. XX Tracked version of amended code Chapter 2.16 POLICE DEPARTMENT Sections: 2.16.010 Establishment. 2.16.020 Chief of police — Appointment and civil service exclusion. 2.16.030 Positions designated. 2.16.040 Members — Appointment and commissioning. 2.16.050 Police powers. 2.16.060 Oath of office. 2.16.010 Establishment. There is established and created a police department to be operated under the direction and control of the city's chief law enforcement officer, the chief of police, subject to the supervision of the city mayor. (Ord. 002-20 § 2). 2.16.020 Chief of police — Appointment and civil service exclusion. The chief of police shall be appointed by the city mayor, subject to approval by the city council, and may be removed by the city mayor. Removal shall be in accordance with the law and the policies of the city of Port Orchard. Pursuant to RCW 41.12.050, the position of police chief is excluded from civil service for city police. (Ord. 002-20 § 2). 2.16.030 Positions designated. In addition to the chief of police, the police department shall be staffed by regular commissioned personnel in such numbers and ranks as shall be deemed necessary by the city council pursuant to its adopted budget. The department may be supplemented by such support personnel, and r,.ns..,,...., p..fkiag ea f ..,.ome fft stafP, as would be required to aid in the everyday operations of a police department. Such support personnel and r,.ns..,,...., p..,.kiag ea f-eement stag shall not be commissioned officers. (Ord. 057-21 § 1; Ord. 002-20 § 2). 2.16.040 Members — Appointment and commissioning. All persons hired as law enforcement officers for the Port Orchard police department shall be commissioned as police officers for the city of Port Orchard prior to being assigned to law enforcement duties. All personnel below the rank of chief shall be appointed and commissioned by the chief in accordance with the applicable law, ordinance, rule, or regulation relating to civil service except as exempted in accordance with RCW 41.12.050 and may be removed by the chief subject to any applicable law, ordinance, rule, or regulation then in force and effect. No police commission, regular, temporary or honorary, shall be issued to any person until such person has been certified for a regular or provisional appointment to fill an authorized personnel vacancy by the civil service commission in accordance with such rules and regulations relating to civil service then in force and effect. (Ord. 002-20 § 2). 2.16.050 Police powers. The chief of police and all commissioned police personnel shall have the powers granted to them by state and local law and shall be responsible for those duties imposed by the laws of the state relating to chief of police and law enforcement personnel for code cities. The chief and all law enforcement personnel shall have the power and duty to enforce the ordinances of the city and to perform other such services as the laws of the state or the ordinances of the city may now or hereafter require including acts authorized pursuant to the Inter -Local Cooperation Act, the Mutual Aid Peace Officers Powers Act, and pursuant to Chapters 10.93 and 39.34 RCW. (Ord. 002-20 § 2). 2.16.060 Oath of office. All commissioned personnel, to include the chief of police, shall be sworn in to enforce the ordinances of the city of Port Orchard, state and federal law, to protect the public peace and safety within the city of Port Orchard, and to abide by the code of professional conduct and responsibility for peace officers. Page 36 of 295 Ba Ordinance No. XX Tracked version of amended code Prior to assuming a police commission, persons hired for a position that requires a commission will take an oath of office to enforce the law, uphold the Constitutions of the United States and the state of Washington, and shall make such oath before the mayor or a designee. (Ord. 002-20 § 2). Page 37 of 295 Ordinance No. XX Tracked version of amended code Chapter 10.04 STATUTES ADOPTED Sections: 10.04.010 Adoption by reference. 10.04.020 Additional provisions adopted. 10.04.030 Sections not adopted. 10.04.010 Adoption by reference. The "Washington Model Traffic Ordinance," Chapter 308-330 WAC, except as identified in POMC 10.04.030 and amended in POMC 10.04.040, v' 41, —4', Amendments the fete, is adopted by reference as the traffic ordinance of the city of Port Orchard as if set forth in full �. (Ord. 005-11 § 1; Ord. 1605 § 1, 1994). 10.04.020 Additional provisions adopted. The following sections of the Washington Administrative Code (WAC) and the Revised Code of Washington (RCW) are adopted by reference, with any amendments thereto, and are included in the traffic ordinance of this city as if fully set forth herein in this RCW 46.20.710. (Ord. 005-11 § 2; Ord. 1605 § 2, 1994). 10.04.030 Sections not adopted. The following sections of the Washington Model Traffic Ordinance are not adopted by reference and are expressly deleted: WAC 308-330-250 Police Department to administer bicycle licenses WAC 308-330-255 Police Department to regulate parking meters WAC 308-330-275 Traffic safety commission — Powers and duties WAC 308-330-500 Bicycle license required WAC 308-330-505 Bicycle license application WAC 308-330-510 Issuance of bicycle license WAC 308-330-515 Attachment of bicycle license plate or decal WAC 308-330-520 Inspection of bicycles WAC 308-330-525 Renewal of bicycle license WAC 308-330-530 Bicycle transfer of ownership WAC 308-330-535 Bicycle rental agencies WAC 308-330-540 Bicycle dealers WAC 308-330-825 RCW sections adopted —Littering 10.04.040 Model Traffic Ordinance, local amendments. WAC 308-330-320 is amended to read as follows: The following sections of the Revised Code of Washin tg on (RCW) pertaining to vehicle size, weight, and load as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.44.010, 46.44.013, 46.44.020, 46.44.030, 46.44.034, 46.44.036, Page 38 of 295 Ordinance No. XX Tracked version of amended code 46.44.037, 46.44.041, 46.44.042, 46.44.043, 46.44.047, 46.44.050, 46.44.060, 46.44.070, 46.44.105, 46.44.170 46.44.173, 46.44.175, 46.44.180, and 46.44.190. WAC 308-330-187 is amended to read as follows: Traffic division. "Traffic division" means the traffic division of the City of Port Orchard, staffed by noncommissioned members of the Community Development Department authorized to issue civil infractions pursuant to the Port Orchard Municipal Code, provided, commissioned members of the police department retain concurrent jurisdiction to issue civil infractions pursuant to Chapter 46.63 RCW and this Title. (Ord. 005-11 § 3; Ord. 1605 § 3, 1994). Page 39 of 295 Ordinance No. XX Tracked version of amended code 10.12.010 Definitions. (1) "Bicycle" means every device propelled solely by human power upon which a person or persons may ride, having two tandem wheels either of which is 16 inches or more in diameter, or three wheels either of which is more than 20 inches in diameter. (RCW 46.04.071) (2) "Bus" means every motor vehicle designed for carrying more than 10 passengers and used for transportation of persons, and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation. (WAC 308-330-109) (3) "Bus stop" means a fixed portion of the highway parallel and adjacent to the curb to be reserved exclusively for buses for layover in operating schedules or while waiting for, loading, or unloading passengers; provided, that such bus provides regularly scheduled service within the jurisdiction of the local authority. (WAC 308-330-112) (4) "Crosswalk" means the portion of the roadway between the intersection area and a prolongation or connection of the farthest sidewalk line or in the event there are no sidewalks then between the intersection area and a line 10 feet therefrom, except as modified by a marked crosswalk. (RCW 46.04.160) (5) "Department" means the Department of Licensing unless otherwise specified in this chapter. (WAC 308-330- 121) (6) "Director" means the Director of Licensing unless the director of a different department of government is specified. (WAC 308-330-123) (7) "Holidays" include the first day of January, commonly called New Year's Day; the third Monday in January, commonly called Martin Luther King Jr. day; the third Monday of February, being celebrated as the anniversary of the birth of George Washington; the thirtieth day of May, commonly known as Memorial Day; the nineteenth day of June, commonly known as Juneteenth; the fourth day of July, being the anniversary of the Declaration of Independence; the first Monday in September, to be known as Labor Day; the fourth Thursday in November, to be known as Thanksgiving Day; the twenty-fifth day of December, commonly called Christmas Day; and any other day specified by ordinance by the city of Port Orchard to be a holiday. Whenever any holiday falls upon a Sunday, the following Monday shall be a holiday. (WAC 308-330-127) (8) "Legal owner" means a person having a security interest in a vehicle perfected in accordance with Chapter 46.12 RCW or the registered owner of a vehicle unencumbered by a security interest or the lessor of a vehicle unencumbered by a security interest. (RCW 46.04.270) (9) "Loading zone" means a space reserved for the exclusive use of vehicles during the loading or unloading of property or passengers. (WAC 308-330-133) (10) "Motor vehicle" shall mean every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. (RCW 46.04.320) (11) "Official time standard" means, whenever certain hours are named, standard time or daylight saving time as may be in current use within the jurisdiction of the local authority. (WAC 308-330-136) (12) "Park or parking" means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading property or passengers. (RCW 46.04.381) (13) "Passenger loading zone" means a place reserved for the exclusive use of vehicles while receiving or discharging passengers. (WAC 308-330-151) (14) "Planting strips" means that portion of a highway lying between the constructed curb, or edge of the roadway, and the property line exclusive of the sidewalk area. (WAC 308-330-154) Page 40 of 295 Ordinance No. XX Tracked version of amended code (15) "Parking Enforcement officer" means a nonsworn, non-commissioned employee of the Department of Community Development as authorized to issue the non -criminal, civil infractions set out in this title. (166) "Police or police officer" includes the police officers of a city, a town marshal, or the sheriff and his/her deputies of a county, whichever is applicable, but when the term "sheriff' is used in this chapter, it shall only mean the sheriff. (WAC 308-330-157) (116) "Police chief or chief of police" includes the police chief or chief police officer of a city, a town marshal, or the sheriff of a county, whichever is applicable, but when the term "sheriff' is used in this chapter, it shall only mean the sheriff. (WAC 308-330-160) (18�) "Police department" includes the police department of a city or town or the sheriff s office of a county, whichever is applicable, but when the term "sheriff' is used in this chapter, it shall only mean the sheriff. (WAC 308-330-163) (128) "Private road or driveway" includes every way or place in private ownership and used for travel of vehicles by the owner or those having express or implied permission from the owner, but not by other persons. (RCW 46.04.420) (20+1) "School bus zone" means a designated portion of the highway along the curb reserved for loading and unloading school buses during designated hours. (WAC 308-330-169) (210) "Service parking" means the use of a parking meter space while rendering service in cleaning, painting, adjusting, or making minor repairs or replacements in or to buildings or building equipment or to public utilities. (WAC 308-330-172) (224-) "Sidewalk" means that property between the curb lines or the lateral lines of a roadway and the adjacent property, set aside and intended for the use of pedestrians or such portion of private property parallel and in proximity to a public highway and dedicated to use by pedestrians. (RCW 46.04.540) (232-) "Stand or standing" means the halting of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers. (RCW 46.04.555) (24-) "Street" means a "city street." (WAC 308-330-175) (254) "Taxicab" means a motor vehicle for hire used for the transportation of persons or compensation, and not operated exclusively over a fixed route or between fixed termini. (WAC 308-330-178) (265) "Taxicab stand" means a fixed portion of a highway set aside for taxicabs to stand or wait for passengers. (WAC 308-330-181) (216) "Tow truck operator" means a person, firm, partnership, association, or corporation which, in its course of business, provides towing services for vehicles and automobile hulks. (WAC 308-330-184) (28) "Traffic division" means the traffic division of the City of Port Orchard, staffed by noncommissioned members of the Community Development Department authorized to issue civil infractions pursuant to the Port Orchard Municipal Code, provided, commissioned members of the police department retain concurrent jurisdiction to issue civil infractions pursuant to Chapter 46.63 RCW and this Title. (229) "Trailer or semitrailer" includes every vehicle without motive power designed to be drawn by a vehicle, motor vehicle, or truck tractor and so constructed that an applicable part of its weight rests upon or is carried by such motor vehicle, but does not include a municipal transit vehicle or recreational vehicle. Page 41 of 295 Ba Ordinance No. XX Tracked version of amended code (30-1) "Vehicle" includes every device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway, excepting devices moved by human or animal power or used exclusively upon stationary rails or tracks. (RCW 46.04.670) (310) "U-turn" means turning a vehicle so as to proceed in the opposite direction on the same roadway. (WAC 308- 330-190) (Ord. 018-22 § 3; Ord. 018-18 § 1; Ord. 1650 § 2, 1996). Page 42 of 295 Agenda Item No.: Subject: City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Business Item 8B Adoption of an Ordinance Authorizing Positions of Public Works Director and Back to Agenda Meeting Date: August 9, 2022 Prepared by: Debbie Lund Information Technology Manager and Atty Routing No. Setting Salary for Public Works Director Atty Review Date HR Manaizer 366922-0008 — HR August 2, 2022 Summary: The recent resignation of long -tenured Public Works Director/City Engineer Mark Dorsey has created an opportunity for the City to evaluate its current organizational structure and determine the appropriate staffing to meet the needs of our growing City. Staff is proposing to separate the duties of City Engineer from the Public Works Director. The City desires to recruit to fill the newly formed Public Works Director position. Therefore, City Council must establish the duties and responsibilities of the position and set the salary. The Ordinance being presented tonight, if approved, will give staff the essential information to begin the recruitment. If the recruitment efforts for Public Works Director are successful, staff will then propose a job description and salary for the position of City Engineer and any necessary budget amendments. Additionally, at the July 26, 2022, City Council meeting, the Council authorized a salary for the position of Information Technology Manager. The proposed Ordinance for consideration at this meeting also provides for the duties and responsibilities of the Information Technology Manager so that staff can begin that recruitment in preparation for a pending retirement in the IT division. The City Council previously adopted Ordinance 008-20, which delegates authority to the Mayor to establish and amend job descriptions, provided they are consistent with the general qualifications and duties assigned by the Council. Therefore, attached to this proposed Ordinance for Council's consideration is a summary of qualifications and duties for each of the newly proposed positions. Recommendation: Staff recommends approval of the attached Ordinance which includes provisions for approval of the salary for Public Works Director, and general qualifications and duties assigned for the new positions of Public Works Director and Information Technology Manager. Relationship to Comprehensive Plan: N/A Motion for consideration: "I move to adopt an ordinance authorizing the creation of two new positions, Public Works Director and Information Technology Manager, establishing general qualifications and duties for these positions, and setting the salary range for the position of Public Works Director." Page 43 of 295 Back to Agenda ,)tart Keport 6b Page 2 of 2 Fiscal Impact: To be included in future budget amendment. Alternatives: Do not approve the position summaries and proposed salary and provide alternative guidance. Attachments: Ordinance and Appendix A, position summaries for Public Works Director and Information Technology Manager. Page 44 of 295 Back to Agenda ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, TO AUTHORIZE POSITIONS OF PUBLIC WORKS DIRECTOR AND INFORMATION TECHNOLOGY MANAGER, TO ESTABLISH GENERAL QUALIFICATIONS AND DUTIES OF POSITIONS, AND SET THE SALARY RANGE FOR PUBLIC WORKS DIRECTOR; PROVIDING FOR SEVERABILITY AND PUBLICATION; AND SETTING AN EFFECTIVE DATE. WHEREAS, the current Public Works Director/City Engineer has resigned, effective August 5, 2022; and WHEREAS, in light of the current market, the City anticipates significant difficulty in recruiting for the combined role of both Public Works Director and City Engineer; and WHEREAS, the roles of both the Public Works Director and City Engineer are critical to the operations of the City; and WHEREAS, it has been determined that separating the duties of City Engineer from the Public Works Director will be beneficial to the City; and WHEREAS, the City must set the salary range for the proposed new position of Public Works Director; and WHEREAS, based on a review of comparable positions it has been determined that a Public Works Director without a Professional Engineering license would receive a salary five percent (5%) less than a Public Works Director/City Engineer; and WHEREAS, on the 2022 City of Port Orchard pay scale, a salary of 5% less than the current Public Works Director/City Engineer pay range equates to $61.91 to $71.81 per hour or $128,772 to $149,365 per year; and WHEREAS, the Network Administrator in the Information Technology division of the Finance Department has announced a retirement date of December 31, 2022; and WHEREAS, it has been determined that the needs of the City's Information Technology Division will be best met by the creation of an Information Technology Manager position; and WHEREAS, by the amendment to the 2021-2022 Biennial Budget, adopted on July 26, 2022, contained the addition of the newly created position of Information Technology Manager and sets the range of pay for that position; and WHEREAS, Ordinance 008-20 delegates authority to the Mayor to establish and amend job Page 45 of 295 Back to Agenda Orainance ivo. Page 2 of 3 descriptions provided they are consistent with the general qualification and duties assigned by the council; and WHEREAS, a statement of the general qualifications and duties of the two new positions is attached hereto as Appendix A, and incorporated herein by reference; Now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. The City Council hereby authorizes the creation of the position of Public Works Director with qualifications and duties as generally provided for in Appendix A. SECTION 2. The City Council hereby authorizes the creation of the position of Information Technology Manager with qualifications and duties as generally provided for in Appendix A. SECTION 3. The City Council hereby sets a salary range for the position of Public Works Director between $61.91 and $71.81 per hour on the 2022 pay scale, to be reflected in a forthcoming amendment to the 2021-2022 budget. SECTION 4. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. SECTION 5. Publication. This Ordinance shall be published by an approved summary consisting of the title. SECTION 6. Effective Date. This Ordinance shall take effect and be in full force and effect five days after publication as provided by law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 91" day of August 2022. Robert Putaansuu, Mayor Page 46 of 295 Back to Agenda Orainance ivo. ATTEST: Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: SPONSORED BY: Charlotte A. Archer, City Attorney John Clauson, Councilmember PUBLISHED: EFFECTIVE DATE: Page 3 of 3 Page 47 of 295 Back to Agenda Appenaix A Proposed New Positions Position Public Works Director Department Public Works Mayor Job Function and Purpose This position is responsible for the overall leadership and management of the construction, maintenance and operations of the following municipal activities: water, sanitary sewer, and storm drainage utilities; streets; parks and City property; vehicle maintenance; municipal facilities (including City Hall, and other municipal buildings); and coordination of procurement for Public Works projects. Develops and implements department policies, planning and executing both short and long-range programs and goals. General Function Directs and manages the planning, scheduling and execution of operations of the department. Establishes public works strategies for addressing the needs of the city in collaboration with city management, staff and consultants. Manages personnel, materials, facilities, equipment, time and other resources to achieve organization and department goals. Coordinates with other departments, managers private or civic organizations on projects related to City utilities, facilities, streets and infrastructure. Prepares and manages the department's budget. Minimum Qualifications Include* Associate's degree is required. Bachelor's degree in construction management, Business Administration or related field is preferred. Eight (8) years of experience in utilities, roadway construction, and facilities maintenance and three (3) years of supervisory experience is required. Must possess a valid Washington State driver's license. Preferred qualifications include Water Distribution Manager II certification; Water Treatment Plant Operator I certification, and Cross Connection Control Specialist certification. Certification as a Certified Public Works Professional -Management by the American Public Works Association is desirable. Ordinance 008-20 delegates authority to the Mayor to establish and amend job description as needed provided they are consistent with general qualifications and duties assigned by the City Council at the time the position is created by Council. Page 48 of 295 Back to Agenda Appendix A Page 2 Position Information Technology Manager Department Finance Major Job Function and Purpose The position provides highly technical, professional and operating support for the City's information technology system. Ensures the function and reliability of the information technology system while keeping the system appropriately updated, modernized, and secure. Works with leadership to develop innovative solutions to information services challenges. General Function Under the general supervision of the Finance Director, manage the development and implementation of information technology systems and strategies to meet the City's goals and objectives. Ensure the integrity, security and effective performance of the City's information technology systems. Direct the division's planning, budgeting, purchasing, development, innovation, and software and hardware implementation. Provides ongoing information technology support for all City departments. Minimum Qualifications Include* A Bachelor's degree in Information Technology or related field; five (5) years of experience related to the area of assignment; and demonstrated supervisory skills are required. A valid WA driver's license is required. * All position descriptions allow the hiring manager to consider any combination of experience and training that provides the desired skills, knowledge and abilities. Page 49 of 295 Agenda Item No.: Subject: City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Business Item 8C Adoption of Ordinance No. 032-22, Amending POMC Chapter 2.75 Modifying Occupancy Limits for the Active Club Building Back to Agenda Meeting Date: August 9, 2022 Prepared by: Tony Lang PW Operations Manager Atty Routing No: 366922-0009 — PW Atty Review Date: August 3, 2022 Summary: In approximately 1959, the Port Orchard Active Club donated to the City of Port Orchard the building located at 1027 Tacoma Avenue known at the time as the Youth Activity Club Building, with the stipulation that the facilities be available to the community but for youth groups of the community at no charge. In accordance with the terms of the donation, the City of Port Orchard owns and maintains the Port Orchard Active Club Building for use by youth, non-profit groups and private citizens. The City Council adopted guidelines for use of the facility via Resolution No. 025-08, and on March 23, 2010, the City Council codified those guidelines at Ordinance No. 004-10, establishing fees and rules for the Active Club at Chapter 2.75 "Active Club Building" of the Port Orchard Municipal Code (POMC). On August 24, 2010, the Council amended POMC Chapter 2.75 by Ordinance No. 018-10. The City Council deems it in the best interest of the City of Port Orchard to periodically review and update such policies. On June 29, 2022, Public Works Staff met with the City's Building/Fire Code Official to inspect the facility's fire code compliance regarding emergency exit requirements. On July 12, 2022, the City's Building/Fire Code Official issued a Memorandum to the Public Works Department requesting that the occupancy limit for "Room 1" be changed from a maximum occupancy of 100 to 49, and "Room 2" be changed from a maximum occupancy of 50 to a maximum occupancy of 49 to eliminate the need for additional structural modifications to the existing facility. By this ordinance the stated maximum occupancy at POMC 2.75.010 would be amended in accordance with the request from the City's Building/Fire Code Official. If approved by the City Council, Public Works staff will appropriately placard Room 1 and Room 2 to notify the public of the change. Relationship to Comprehensive Plan: None Recommendation: Staff recommends adoption of Ordinance No. 032-22, amending POMC Chapter 2.75.010 regarding maximum occupancy limits for Room 1 and Room 2 of the Activity Club Building. Motion for Consideration: I move to adopt Ordinance No. 032-22, amending POMC Chapter 2.75.010 regarding maximum occupancy limits for Room 1 and Room 2 of the Activity Club Building. Fiscal Impact: None Alternatives: Do not approve and provide further direction to staff. Page 50 of 295 Back to Agenda 5tatt Report 8C Page 2 of 2 Attachments: Ordinance No. 032-22, Amending POMC 2.75.010, POMC 2.75.010 (Redline to assist with review), Memorandum from Building Official/Fire Code Official. Page 51 of 295 Back to Agenda ORDINANCE NO. 032-22 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO CITY FACILITIES; AMENDING PORT ORCHARD MUNICIPAL CODE SECTION 2.75.010, ACTIVE CLUB BUILDING; PROVIDING FOR SEVERABILITY AND PUBLICATION, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in approximately 1959, the Port Orchard Active Club donated to the City of Port Orchard the building located at 1027 Tacoma Avenue known at the time as the Youth Activity Club Building, with the stipulation that the facilities be available to all but to youth groups of the community at no charge; and WHEREAS, in accordance with the terms of the donation, the City of Port Orchard owns and maintains the Port Orchard Active Club Building for use by youth, non-profit groups and private citizens; and WHEREAS, the City Council established use guidelines via Resolution No. 025-08, and on March 23, 2010, the City Council adopted Ordinance No. 004-10, codifying at Chapter 2.75 of the Port Orchard Municipal Code (POMC) the fees and rules for renting the Active Club; and WHEREAS, on August 24, 2010, by Ordinance No. 018-10 the City Council amended POMC Chapter 2.75; and WHEREAS, the City Council deems it in the best interest of the City of Port Orchard to periodically review and update the rules and policies that govern the use of the Active Club; and WHEREAS, on June 29, 2022, Public Works Staff met with the City's Building Official/Fire Code Official to inspect the Active Club's fire code compliance regarding emergency exit requirements; and WHEREAS, on July 12, 2022, the City's Building/Fire Code Official issued a Memorandum to the Public Works Department requesting that the occupancy limit for "Room 1" and "Room 2" be changed to a maximum occupancy of 49 for each room, to eliminate the need for additional structural modifications; and WHEREAS, Public Works staff will appropriately placard Room 1 and Room 2 if the proposed maximum occupancy are approved by City Council; and WHEREAS, the City Council has reviewed the proposed amendments and believes it to be in the best interests of the City and its residents to enact the proposed amendments; now, therefore THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: Page 52 of 295 Back to Agenda Orainance ivo. usz-zz Page 2 of 4 SECTION 1. Port Orchard Municipal Code Section 2.75.010 is hereby amended to read as follows: Chapter 2.75 ACTIVE CLUB BUILDING Sections: 2.75.010 Active Club Building facilities use policy. 2.75.010 Active Club Building facilities use policy. (1) Rooms available for use are: (a) Room 1, which accommodates up to 49 people; (b) Room 2, which accommodates up to 49 people; and (c) Room 3, which accommodates up to 20 people. (2) The following groups shall be charged the room rental fee set forth in subsection (3) of this section. (a) Youth groups, including but not limited to Boy and Girl Scouts, Campfire Girls, Cub Scouts, youth sports leagues, and 4-H; (b) Senior groups, which must consist of 51 percent or more of the group being 55 years of age or older; and (c) All other groups. (3) Rental fee(s) shall be set as follows: (a) Youth groups — Free of charge; (b) Senior groups — 50 percent discount of regularly charged fees; (c) All other regularly scheduled groups — $4.00 per hour in 2010 and then $8.00 per hour in 2011 and thereafter; (d) All other one-time users — $25.00 for up to four hours; and $50.00 for more than four hours and up to eight hours; and (e) A cleaning deposit of $75.00, which shall be refunded to all one-time users upon staff verification that the facility has been cleaned. If the facility is not cleaned after a one-time use, the user forfeits their deposit in its entirety. Page 53 of 295 Back to Agenda Orainance ivo. usz-zz Page 3 of 4 (4) A completed application must accompany all building use requests and must be submitted to the Port Orchard public works office prior to the event date. Applicable fees and/or deposits must be made at time of application. (5) Cancellation of reservations must be made five working days prior to scheduled date of use. Failure to do so forfeits the rental fee and/or deposit. (6) User groups who use the facility on a regular basis (i.e., daily, weekly, monthly) must reapply annually. Facility reservations will be valid from January to December. (7) The organization and/or the person in charge of the organization shall notify city staff of any changes pertaining to the current contract(s) or scheduling. A new application may be required at the time of such changes. (8) Active Club Building keys must be picked up at the public works office prior to use and returned immediately after usage. Users scheduled for weekday evenings must pick up key(s) prior to 4:30 p.m. on the day of use. Weekend users must pick up key(s) prior to Friday at 4:30 p.m. (9) If a regular user group fails to pick up key(s) to the facility for three consecutively scheduled dates, without notifying the public works office, the reservation will be canceled and the deposit will be forfeited. (10) No group or user is authorized to retain keys for the building or any individual room. Keys shall not be duplicated. There is a drop box located at the Prospect Street entrance where keys may be returned after hours. (11) Adequate supervision and/or chaperons must be provided by the applicant. (12) No alcoholic beverages are allowed on city property (POMC 9.26.100). (13) Youth groups, nonprofit groups, and citizen groups are allowed to bring their animals to the Active Club Building as part of their meetings. The following conditions will apply to all groups who bring animals to the Active Club Building: (a) Animal groups shall clean up after their pets and ensure the room is clean of all feathers and/or animal feces prior to leaving the facility; (b) Any complaints received regarding animal groups shall be investigated by the public works director and/or his/her designee; and (c) Upon a finding that a group has failed to clean up after its animal(s), the group shall be barred from bringing its animals to the Active Club Building facility. (14) Cooking or food preparation is not allowed in the Active Club Building. Reheating of previously prepared items is allowed. Users are required to clean all dishes, the sink, countertops, stove, and microwave areas. Failure to keep kitchen area clean may cause group privileges to be revoked and the deposit forfeited. Page 54 of 295 Back to Agenda Orainance ivo. usz-zz Page 4 of 4 (15) There is no smoking within 25 feet of Active Club Building entrances (POMC 9.44.070). (16) Meetings are to end, no exceptions, as follows: (a) Monday through Thursday: 10:00 p.m. (b) Friday through Sunday: 11:00 p.m. (Ord. 018-10 § 1; Ord. 004-10 § 3). SECTION 2. 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 3. Effective Date. This ordinance shall be in full force and effect five (5) days 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 9t" day of August 2022. Robert Putaansuu, Mayor ATTEST: Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: SPONSOR: Charlotte A. Archer, City Attorney Scott Diener, Councilmember PUBLISHED: EFFECTIVE DATE: Page 55 of 295 Back to Agenda illYi leer. . €irt'f n. CITY OF PORT ORCHARD Department of Community Development Memorandum To: Tony Lang, Public Works From: Angela Garcia, DCD Date: July 12, 2022 Re: Activity Club On June 29, 2022, Marc Fournier and I met at his request to walk the City of Port Orchard Activity Club at 1025 Tacoma Ave. Marc asked me to provide fire/building code input on the meeting areas within the building. I recommend that the following temporary measures be put in place until a permanent solution is found. 1. Reduce the occupant load from 108 to 49 (change the placard) main floor meeting room on the north end of the building. 2. Post an occupant load placard for the basement (Pee Wee's) room limiting the occupant load to 49 and covering the existing exit signs that are currently in place, so as not to direct occupants to use these doors, but to use the main entry door that opens directly to the exterior. Install approved hardware on this door as there is currently residential grade doorknobs, these do not meet accessibility requirements as they require tight grasping and twisting of the wrist to operate. Panic hardware can be installed but is only required when the occupant load exceeds 49 people. Below is a more in-depth explanation of the issues observed. In the meeting room on the main floor in the north end of the building: There is currently one exit from this room the maximum occupant load permitted is 49, the posted occupant load placard shows 108. There is another door leading directly to the exterior, however this door and the existing exit door are not spaced far enough apart to meet the requirements for a second exit. The minimum distance between two exit doors must be at least one-half of the length of the diagonal distance of the room in a non-sprinklered building. I didn't measure the room, but it appears that this front exterior door is too close to the exit door in use now to allow for an occupant load of more than 49 for this space. Page 56 of 295 Page 1 of 3 The following observations were made in the basement space/room used by the Pee Wee's: Exit doors leading from the main room in the basement to the corridor: Exit doors are located at opposite ends of the room, they meet the minimum separation distance. Exit signs and emergency lighting is above the doors. These doors do not open directly to the exterior of the building, but open into a very dark corridor that provides access to the exterior exit doors (exit discharge). These doors swing in the wrong direction for an occupant load of more than 49 people, the doors also do not operate properly, and they have residential grade doorknobs. Panic hardware is required when the occupant load exceeds 49 people. The door on the south end of the room is nonoperational currently as it catches on the floor and is very difficult to open. Corridors: There is no emergency lighting in the corridors, the exit signs above the doors are not visible. No storage is permitted in these areas. Exit doors from corridor to the exterior of the building: The hardware on these exterior exit doors (exit discharge) appears to be residential grade doorknobs, panic hardware is required when the occupant load exceeds 49. Doorknobs are not an approved type of hardware in public buildings, regardless of occupant load as they do not meet accessibility requirements. Sincerely, Angela Garcia CBO, CFM Building Official/Fire Code Official DCD I City of Port Orchard 1 (360) 874-5533 Page 57 of 295 2 Port Orchard Municipal Code Chapter 2.75 ACTIVE CLUB BUILDING Chapter 2.75 ACTIVE CLUB BUILDING Sections: 2.75.010 Active Club Building facilities use policy. 2.75.010 Active Club Building facilities use policy. (1) Rooms available for use are: (a) Room 1, which accommodates up to 4-00 49 people; (b) Room 2, which accommodates up to -50 49 people; and (c) Room 3, which accommodates up to 20 people. Back to Agenda rage iia (2) The following groups shall be charged the room rental fee set forth in subsection (3) of this section. (a) Youth groups, including but not limited to Boy and Girl Scouts, Campfire Girls, Cub Scouts, youth sports leagues, and 4-H; (b) Senior groups, which must consist of 51 percent or more of the group being 55 years of age or older; and (c) All other groups. (3) Rental fee(s) shall be set as follows: (a) Youth groups — Free of charge; (b) Senior groups — 50 percent discount of regularly charged fees; (c) All other regularly scheduled groups — $4.00 per hour in 2010 and then $8.00 per hour in 2011 and thereafter; (d) All other one-time users — $25.00 for up to four hours; and $50.00 for more than four hours and up to eight hours; and (e) A cleaning deposit of $75.00, which shall be refunded to all one-time users upon staff verification that the facility has been cleaned. If the facility is not cleaned after a one-time use, the user forfeits their deposit in its entirety. (4) A completed application must accompany all building use requests and must be submitted to the Port Orchard public works office prior to the event date. Applicable fees and/or deposits must be made at time of application. (5) Cancellation of reservations must be made five working days prior to scheduled date of use. Failure to do so forfeits the rental fee and/or deposit. (6) User groups who use the facility on a regular basis (i.e., daily, weekly, monthly) must reapply annually. Facility reservations will be valid from January to December. (7) The organization and/or the person in charge of the organization shall notify city staff of any changes pertaining to the current contract(s) or scheduling. A new application may be required at the time of such changes. (8) Active Club Building keys must be picked up at the public works office prior to use and returned immediately after usage. Users scheduled for weekday evenings must pick up key(s) prior to 4:30 p.m. on the day of use. Weekend users must pick up key(s) prior to Friday at 4:30 p.m. The Port Orchard Municipal Code is current through Ordinance 026-22, passed June 28, 2022. Page 58 of 295 Port Orchard Municipal Code Chapter 2.75 ACTIVE CLUB BUILDING (9) If a regular user group fails to pick up key(s) to the facility for three consecutively scheduled dates, without notifying the public works office, the reservation will be canceled and the deposit will be forfeited. (10) No group or user is authorized to retain keys for the building or any individual room. Keys shall not be duplicated. There is a drop box located at the Prospect Street entrance where keys may be returned after hours. (11) Adequate supervision and/or chaperons must be provided by the applicant. (12) No alcoholic beverages are allowed on city property (POMC 9.26.100). (13) Youth groups, nonprofit groups, and citizen groups are allowed to bring their animals to the Active Club Building as part of their meetings. The following conditions will apply to all groups who bring animals to the Active Club Building: (a) Animal groups shall clean up after their pets and ensure the room is clean of all feathers and/or animal feces prior to leaving the facility; (b) Any complaints received regarding animal groups shall be investigated by the public works director and/or his/her designee; and (c) Upon a finding that a group has failed to clean up after its animal(s), the group shall be barred from bringing its animals to the Active Club Building facility. (14) Cooking or food preparation is not allowed in the Active Club Building. Reheating of previously prepared items is allowed. Users are required to clean all dishes, the sink, countertops, stove, and microwave areas. Failure to keep kitchen area clean may cause group privileges to be revoked and the deposit forfeited. (15) There is no smoking within 25 feet of Active Club Building entrances (POMC 9.44.070). (16) Meetings are to end, no exceptions, as follows: (a) Monday through Thursday: 10:00 p.m. (b) Friday through Sunday: 11:00 p.m. (Ord. 018-10 § 1; Ord. 004-10 § 3). The Port Orchard Municipal Code is current through Ordinance 026-22, passed June 28, 2022. Page 59 of 295 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 8D Subject: Adoption of a Resolution Adopting Updated Right of Way Acquisition Procedures Meeting Date: Prepared by: Atty Routing No Atty Review Date Back to Agenda August 9, 2022 Charlotte Archer City Attorney 366922-0009 — PW N/A Summary: The Washington State Department of Transportation (WSDOT), acting through its Local Programs Right of Way group, has overall responsibility to the Federal Highway Administration (FHWA) for the acquisition, management, and disposal of real property on all FHWA funded transportation projects in the state. In this capacity, WSDOT's Local Programs ROW team serves as contract administrator for the City of Port Orchard when a City project requires the City acquire right of way for federally funded transportation project. The City is required to adopt and maintain Right -of -Way Acquisition Procedures, pursuant to the Uniform Relocation Assistance and Real Property Acquisition Policies Act (49 CFR Part 24), Chapter 8.26 RCW, Chapter 468-100 WAC, and the WSDOT Local Agency Guidelines (LAG) Manual, Chapter M 26-01, to govern the City's right-of-way acquisitions on federally funded projects. On March 22, 2016, the City adopted Resolution No. 028-16, establishing Right of Way Acquisition Procedures, and replacing the previous procedures established by Resolution 031-07. Due to the departure of the City's long tenured Public Works Director, the City is required to update the Right - of -Way Acquisition Procedures. By this Resolution, the City Council would adopt updated ROW Acquisition Procedures, replacing the Public Works Director as Program Administrator with the Director of Community Development and the City Engineer, and repeal the previous procedures. Relationship to Comprehensive Plan: Chapter 8: Transportation Recommendation: Staff recommends that the City Council adopt a Resolution adopting updated Right - of -Way Acquisition Procedures and repealing the previous procedures. Motion for Consideration: I move to adopt a Resolution adopting updated Right -of -Way Acquisition Procedures. Fiscal Impact: None. Alternatives: Do not approve and provide further direction to staff. Attachments: Resolution, Exhibit A — Right of Way Acquisition Procedures, Courtesy Copy of Resolution No. 028-16. Page 60 of 295 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, ADOPTING UPDATED RIGHT-OF-WAY ACQUISITION PROCEDURES AND REPEALING RESOLUTION NO. 028-16. WHEREAS, the Washington State Department of Transportation (WSDOT), acting through its Local Programs Right of Way group, has overall responsibility to the Federal Highway Administration (FHWA) for the acquisition, management, and disposal of real property on all FHWA funded transportation projects in the state, and in this capacity, WSDOT's Local Programs ROW group serves as contract administrator for the City of Port Orchard when the city acquires right of way for federally funded transportation project; and WHEREAS, the City is required to adopt and maintain Right -of -Way Acquisition Procedures, pursuant to the Uniform Relocation Assistance and Real Property Acquisition Policies Act (49 CFR Part 24), Chapter 8.26 RCW, Chapter 468-100 WAC, and the WSDOT Local Agency Guidelines (LAG) Manual, Chapter M 26-01, to govern the City's right-of-way acquisitions on federally funded projects; and WHEREAS, on March 22, 2016, the City adopted Resolution No. 028-16, establishing Right of Way Acquisition Procedures, replacing the previous procedures established by Resolution 031- 07; and WHEREAS, due to the departure of the City's long tenured Public Works Director, the City is required to update the Right -of -Way Acquisition Procedures; and WHEREAS, the City Council finds it is in the best interest of the City and its residents to adopt amended procedures, consistent with guidance from WSDOT; 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: Resolution No. 028-16 is hereby repealed in its entirety. THAT: The City Council adopts the Right -of -Way Acquisition Procedures, as attached. The Mayor or designee is authorized to execute all documents necessary to effectuate this Resolution. THAT: The Resolution shall take full force and effect upon passage and signatures hereon. Page 61 of 295 Back to Agenda Resolution No. Page 2 of 2 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 91" day of August 2022. ATTEST: Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 62 of 295 Back to Agenda City of Port Orchard Right of Way Procedures The CITY OF PORT ORCHARD (Agency), needing to acquire real property (obtain an interest in and/or possession of) in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act and applicable federal regulations (49 CFR Part 24) and state law (Ch. 8.26 RCW), and state regulations (Ch. 468-100 WAC) hereby adopts the following procedures to adhere to all applicable laws, statutes, and regulations. The Agency is responsible for the real property acquisition and relocation activities on projects administered by the Agency and must acquire right of way (ROW) in accordance with the policies set forth in the Washington State Department of Transportation Right of Way Manual M 26-01 and Local Agency Guidelines (LAG). Below is a list of Agency staff, by names and position titles, that are qualified to perform specific ROW functions. Attached to these procedures are resumes for everyone listed within these procedures, which provides a summary of their qualifications. The procedures shall be updated whenever staffing changes occur. 1. The Agency has the staff with the knowledge and experience to accomplish the following ROW Disciplines: i. PROGRAM ADMINISTRATION: Oversee delivery of the ROW Program on federal aid projects for the Agency. Ensures ROW functions are carried out in compliance with federal and state laws, regulations, policies, and procedures. Responsibilities/Expectations: • Ensures Agency's approved ROW Procedures are current, including staff qualifications, and provides copies to consultants and Agency staff; Oversight of ROW consultants; o use of consultant contract approved by WSDOT o management of ROW contracts o management of ROW files o reviews and approves actions and decisions recommended by staff & consultants o Overall responsibility for decisions that are outside the purview of consultant functions • Sets Just Compensation prior to offers being made; • Oversight and approval of Administrative Offer Summaries (AOS) per policy; • Oversight and approval of Administrative Settlements per policy; • Ensure Agency has a relocation appeal process in place prior to starting relocation activities; • Obligation authority for their Agency; • Obtain permits (Non -Uniform Relocation Act (URA)); • Ensures there is a separation of functions to avoid conflicts of interest. • Verifies whether ROW is needed, and that the property rights and/or interests needed are sufficient to construct, operate and maintain the proposed projects (see LAG Appendix 25.174, 25.175, & 25.176). LPA-001 Adopted via Resolution No. XX, August 9, 2022 Page 63 of 295 Back to Agenda Director of Community Development: Nick Bond, AICP City Engineer: Kenneth C. Hammer, P.E., P.M. P. Note: Staff included under Program Administration must have completed the el -earning Administrative Settlement and No ROW Verification training available at http://www.wsdot.wa.gov/LocalPrograms/ROWServices/Training.htm ii. APPRAISAL Prepare and deliver appraisals on federal aid projects for the Agency. Ensures that appraisals are consistent and in compliance with state and federal laws, regulations, policies, and procedures. Responsibilities/Expectations: • Use only qualified agency staff approved by WSDOT to perform appraisal work; • Use Appraiser from WSDOT's Approved Consultant List if Agency does not have qualified staff; • Prepare ROW Funding Estimate (not required to be completed by an appraiser & only when there are federal funds in the ROW Phase); • Prepare AOS; • Obtain specialist reports; • Coordinate with engineering, program administration, acquisition, relocation, and/or property management as necessary. Consultant: The City of Port Orchard will retain the services of a consultant selected from WSDOT's list of approved Appraisers iii. APPRAISAL REVIEW: Review appraisals on federal aid projects for the Agency to make sure they are adequate, reliable, have reasonable supporting data, and approve appraisal reports. Ensures appraisals are adequately supported and represent fair market value and applicable costs to cure and are completed in compliance with state and federal laws, regulations, policies, and procedures. Responsibilities/Expectations: • Use only qualified agency staff approved by WSDOT to perform appraisal review work; • Use review appraiser from WSDOT's Approved Consultant List if agency does not have qualified staff; • Ensures project wide consistency in approaches to value, use of market data, and costs to cure; • Coordinate with engineering, program administration, acquisition, relocation, and/or property management as necessary. Consultant: The City of Port Orchard will retain the services of a consultant selected from WSDOT's list of approved Review Appraisers LPA-001 Adopted via Resolution No. XX, August 9, 2022 Page 64 of 295 Back to Agenda iv. ACQUISITION: Acquire, through negotiation with property owners, real property, or real property interests (rights) on federal aid projects for the Agency. Ensures acquisitions are completed in compliance with federal and state laws, regulations, policies, and procedures. Responsibilities/Expectations: • Use only qualified staff to perform acquisition activities for real property or real property interests, including donations; • To avoid a conflict of interest, when the acquisition function prepares an AOS, only acquires property valued at $10,000 or less; • Provide and maintain a comprehensive written account of acquisition activities for each parcel; • Prepare AOS justification and obtain approval; • Prepare Administrative Settlement and obtain approval; • Prepare Right of Way Funding Estimate (when there are federal funds in the ROW Phase); • Review title, and recommend and obtain approval for acceptance of encumbrances; • Ensure acquisition documents are consistent with ROW plans, valuation, and title reports; • Provide a negotiator disclaimer; • Maintain a complete, well organized parcel file for each acquisition; • Coordinate with engineering, program administration, appraisal, relocation, and/or property management as necessary. Consultant: The City of Port Orchard will retain the services of a qualified consultant or another agency with qualified staff. Note: Staff included under Acquisition must have completed the el -earning Administrative Settlement training available at http://www.wsdot.wa.gov/LocalPrograms/ROWServices/Training.htm V. RELOCATION: Provide relocation assistance to occupants of property considered displaced by a federally funded projects for the Agency. Ensures relocations are completed in compliance with federal and state laws, regulations, policies, and procedures. Responsibilities/Expectations: • Prepare and obtain approval of relocation plan prior to starting relocation activities; • Confirm relocation appeal procedure is in place; • Provide required notices and advisory services; • Make calculations and provide recommendations for Agency approving authority prior to making payment; LPA-001 Adopted via Resolution No. XX, August 9, 2022 Page 65 of 295 Back to Agenda • Provide and maintain a comprehensive written account of relocation activities for each parcel; • Maintain a complete, well organized parcel file for each displacement; • Ensure occupants and personal property is removed from the ROW; • Coordinate with engineering, program administration, appraisal, acquisition, and/or property management as necessary. Consultant: The City of Port Orchard will retain the services of a qualified consultant or another agency with qualified staff. vi. PROPERTY MANAGEMENT: Establish property management policies and procedures that will assure control and administration of ROW, excess lands, and improvements acquired on federal aid projects for the Agency. Ensures property management activities are completed in compliance with federal and state laws, regulations, policies, and procedures. Responsibilities/Expectations: • Account for use of proceeds from the sale/lease of property acquired with federal funds on other title 23 eligible activities; • Keep ROW free of encroachments; • Obtain WSDOT/FHWA approval for change in access control along interstate; • Maintain property records; • Ensure occupants and personal property is removed from the ROW; • Maintain a complete, well organized property management file; • Coordinate with engineering, program administration, appraisal, acquisition, and/or property management as necessary. Director of Community Development: Nick Bond, AICP City Engineer: Kenneth C. Hammer, P.E., P.M. P. b. Any functions for which the Agency does not have qualified staff, the Agency will contract with another local agency with approved procedures, a qualified consultant, or the WSDOT. An Agency that proposes to use qualified consultants for any of the above functions will need to work closely with their ROW Local Agency Coordinator (LAC) and Local Programs to ensure all requirements are met. When the Agency proposes to have staff approved to negotiate who have limited experience in negotiation for FHWA funded projects, the LAC must be given an opportunity to review all offers and supporting data prior to offers being made to the property owners. c. The Agency's Administrative Settlement Procedures indicating the approval authorities and the procedures involved in making administrative settlement needs to be included with these procedures (see Exhibit A). LPA-001 Adopted via Resolution No. XX, August 9, 2022 Page 66 of 295 Back to Agenda d. An Agency wishing to take advantage of the AOS process, properties valued up to $25,000 or less, need to complete Exhibit B of these procedures. 2. All projects shall be available for review by the FHWA and WSDOT at any time and all project documents shall be retained and available for inspection during the plan development, ROW, construction stages, and for a three-year period following acceptance of the projects by WSDOT. 3. Approval of the Agency's procedures by WSDOT Local Programs may be rescinded at any time the Agency is found to no longer have qualified staff or is found to be in non-compliance with the regulations. The rescission may be applied to all or part of the functions approved. Robert Putaansuu, Mayor City of Port Orchard Washington State Department of Transportation Approved By: Date Local Programs Right of Way Manager Date LPA-001 Adopted via Resolution No. XX, August 9, 2022 Page 67 of 295 Back to Agenda EXHIBIT A City of Port Orchard's Administrative Settlement Policy The AGENCY shall make every reasonable effort to expeditiously acquire real property by negotiation. Negotiation implies an honest effort by the AGENCY to resolve differences with property owners. Offers can be flexible and negotiations should recognize the inexact nature of the process by which just compensation is determined. The AGENCY shall endeavor to expedite the acquisition of real property by agreements with owners and to avoid litigation and relieve congestion in the courts. 1. The AGENCY shall carefully consider and maximize the use of administrative settlements in appropriate situations. An administrative settlement or stipulated settlement is a negotiated settlement of a right- of-way acquisition case in which the AGENCY has administratively approved payment in excess of the AGENCY's offer of just compensation. The AGENCY shall carefully consider and maximize the use of administrative settlements in appropriate situations. 2. Administrative settlements may be approved when it is determined that such action Is reasonably supported and in the public interest. In arriving at a determination to approve an administrative settlement, the following nonexclusive factors may be considered: a. All available appraisals, including the owner's, comparable sales not included in an appraisal, and the probable range of testimony in a condemnation trial. b. Ability of the City to acquire the property, or possession, through the condemnation process to meet the construction schedule. c. Impact of construction delay pending acquisition. d. The negotiators recorded information, including parcel details and the owner's rationale for increased compensation. e. Recent court awards in cases involving similar acquisition and appraisal problems. f. Likelihood of obtaining an impartial jury in local jurisdiction, opinion of legal counsel where appropriate. g. Estimate of trial cost weighed against other factors. 3. The authority granted to AGENCY officials to provide Administrative Settlement Offers is as follows: a. The Community Development Director can authorize up to $20,000 over the amount offered as just compensation. b. The City Administrator can authorize $20,001 up to $50,000 over the amount offered as just compensation. c. Settlements exceeding $50,000 over the amount offered as just compensation must be authorized by City Council. LPA-001 Adopted via Resolution No. XX, August 9, 2022 Page 68 of 295 Back to Agenda Robert Putaansuu, Mayor City of Port Orchard Washington State Department of Transportation Approved By: Date Local Programs Right of Way Manager Date LPA-001 Adopted via Resolution No. XX, August 9, 2022 Page 69 of 295 Back to Agenda EXHIBIT B Waiver of Appraisal Agency's Administrative Offer Summary (AOS) The City of Port Orchard , hereinafter (Agency), desiring to acquire Real Property according to 23 CFR, Part 635, Subpart C and State directives, and desiring to take advantage of the $25,000.00 appraisal waiver process approved by the Federal Highway Administration (FHWA) for Washington State, hereby agrees to follow the procedure approved for the Washington State Department of Transportation (WSDOT) as follows: Rules A. The Agency may elect to waive the requirement for an appraisal if the acquisition is simple and the compensation estimate indicated on the ROW Funding Estimate is $25,000.00 or less including cost -to cure items. A True Cost Estimate shall not be used with this procedure. B. The Agency must make the property owner(s) aware that an appraisal has not been completed on the property for offers $10,000 or less. C. The Agency must make the property owner(s) aware that an appraisal has not been completed on the property for offers over $10,000 and up to $25,000, and that an appraisal will be prepared if requested by the property owner(s). D. Special care should be taken in the preparation of the AOS as no review is mandated, the preparer needs to assure that the compensation is fair and that all the calculations are correct. Procedures A. An AOS is prepared using comparable sales found at the time of preparation. B. The AOS is submitted to Program Administration for approval. Upon signature a first offer to the property owner(s) is authorized. Robert Putaansuu, Mayor Date City of Port Orchard Washington State Department of Transportation Approved By: Local Programs Right of Way Manager Date LPA-001 Adopted via Resolution No. XX, August 9, 2022 Page 70 of 295 Back to Agenda EXHIBIT C Program Administration and Property Management City of Port Orchard staff currently filling the positions of "Program Administration" and "Property Management", and a brief summary of their qualifications pertaining to the specific right-of-way function(s) for which they are listed are shown below. Program Administration and Property Management: 1. Nick Bond, AICP Mr. Bond is the Director of the Department of Community Development for the City of Port Orchard. He has assisted Port Orchard (2013 to present) and previously the Town of Eatonville (2005 to 2013) with a variety of planning, transportation, utility, transportation, real estate acquisition, economic development, and building projects. Mr. Bond has a Masters in Urban Planning from the University of Washington and a Bachelors in Planning and Environmental Policy from Western Washington University. He has 17 years' experience as a professional planner has a unique interdisciplinary approach to planning and has been very involved in projects outside of the planning department throughout his career. Mr. Bond has completed the requires WSDOT trainings and has assisted with multiple projects including but not limited to the Tremont Street Reconstruction (FHWA, STP, TIB), and the Bay Street Pedestrian Pathway (Federal). 2. Kenneth "Chris" Hammer, P.E., P.M.P. Mr. Hammer is the City Engineer for the City of Port Orchard. He has assisted Port Orchard (2020 to present) and previously the City of Bainbridge Island (2005 to 2019) with a variety of transportation projects, studies and plans. Mr. Hammer has a Bachelors of Science in Civil Engineering from the University of the Pacific and is a Washington State Licensed Civil Professional Engineer. He has over 25 years' experience as a professional engineer, including extensive experience with federally funded transportation projects. Mr. Hammer has completed the requires WSDOT trainings and has assisted with multiple projects including but not limited to the Bay Street Pedestrian Pathway (Federal). LPA-001 Adopted via Resolution No. XX, August 9, 2022 Page 71 of 295 Back to Agenda RESOLUTION NO. 028-16 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, UPDATING THE REQUIRED RIGHT-OF-WAY ACQUISITION PROCEDURES AND REPEALING IN ITS ENTIRITY, RESOLUTION NO. 031-07 WHEREAS, on November 26, 2007, the Port Orchard City Council adopted Resolution No. 031-2007, thereby creating Right -of -Way Acquisition Procedures; including Appraisal, Appraisal Review, Acquisition, Relocation and Property Management; and WHEREAS, it is the City's desire to repeal Resolution 031-07 in its entirety; and WHEREAS, Right -of -Way Acquisition Procedures, pursuant to the Uniform Relocation Assistance and Real Property Acquisition Policies Act (49 CFR Part 24), Chapter 8.26 RCW, Chapter 468-100 WAC and WSDOT Local Agency Guidelines (LAG) Manual Chapter M 26-01, are required for right-of-way acquisitions on federally funded projects; and WHEREAS, the City of Port Orchard is being required by WSDOT to update the Right -of - Way Acquisition Procedures now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: Resolution No. 031-07, is hereby repealed in its entirety. THAT: The City Council adopts Resolution No. 028-16, thereby updating the Right -of -Way Acquisition Procedures, as attached. 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 22nd day of March 2016. ATTEST: !s City Clerk, Brandy Rinearson, CMC Robert Putaansuu, Mayor Page 72 of 295 Back to Agenda City of Port Orchard Right of Way Procedures The City of Port Orchard, hereinafter referred to as "AGENCY", desiring to acquire Real Property in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act and applicable federal regulations (49 CFR Part 24) and state law (Ch. 8.26 RCW), and state regulations (Ch. 468-100 WAC) hereby adopts the following procedures to implement the above statutes and Washington Administrative Code. The AGENCY is responsible for the real property acquisition and relocation activities on projects administered by the AGENCY. To fulfill the above requirements the AGENCY will acquire right-of-way in accordance with the policies set forth in the Right of Way Manual M 26-01 and Local Agency Guidelines. The AGENCY has the following expertise and personnel capabilities to accomplish these functions: 1. The following relate to the AGENCY's request. a. Below is a list of responsible AGENCY positions, for which the AGENCY has qualified staff to perform the specific right-of-way function(s). See attached "Exhibit C" listing AGENCY staff who currently fill those positions below, and a brief summary of their qualifications pertaining to the specific right-of- way function(s) for which they are listed. This list shall be updated whenever staffing changes occur. The AGENCY will be approved to acquire based upon staff qualifications. PROGRAM ADMINISTRATION: Oversee delivery of the R/W Program on federal aid projects for the agency. Ensures R/W functions are carried out in compliance with federal and state laws, regulations, policies and procedures. Responsibilities/Expectations: • Ensures agency's approved R/W Procedures are current, including staff qualifications, and provides copies to consultants and agency staff; • Oversight of R/W consultants; I. use of consultant contract approved by WSDOT (under construction) II. management of ROW contracts III. management of R/W files IV. reviews and approves actions and decisions recommended by consultants V. Overall responsibility for decisions that are outside the purview of consultant functions • Sets Just Compensation prior to offers being made; • Approves administrative offer summaries per policy; • Ensure agency has a relocation appeal process in place prior to starting relocation activities; • Oversight of Administrative Settlements (see attached with approval authority limits); • Obligation authority for their agency; • Obtain permits (Non -Uniform Relocation Act (URA)); • Ensures there is a separation of functions to avoid conflicts of interest. Public Works Director/City Engineer: Mark R. Dorsey, P.E. Title of AGENCY Position (employee name & qualifications attached) ii. APPRAISAL: Prepare and deliver appraisals on federal aid projects for the agency. Ensures that appraisals are consistent and in compliance with state and federal laws, regulations, policies and procedures. Responsibilities/Expectations: • Use only qualified agency staff approved by WSDOTto perform appraisal work; • Use appraiser from WSDOT's Approved Appraiser List if agency does not have qualified staff; • Prepare Project Funding Estimates (PFE) or, when applicable, True Cost Estimates (TCE); 1 of 7 SUR.iRC'T TO REQUIREMENTS LISTED IN RIGHT UN WAY PROCEDURES APPROVAL LETTER Page 73 of 295 Back to Agen7ra • Prepare Administrative Offer Summaries (AOS or Appraisal Waiver); • Obtain specialist reports; • Coordinate with engineering, program administration, acquisition, relocation, and/or property management as necessary. Consultant: The City of Port Orchard will retain the services of a consultant selected from WSDOT's list of approved Appraisers Title of AGENCY Position (employee name & qualifications attached) APPRAISAL REVIEW: Review appraisals on federal aid projects for the agency to make sure they are adequate, reliable, and have reasonable supporting data, and approve appraisal reports. Ensures appraisals are adequately supported and represent fair market value and applicable costs to cure and are completed in compliance with state and federal laws, regulations, policies and procedures. Responsibilities/Expectations: • Use only qualified agency staff approved by WSDOTto perform appraisal review work; • Use review appraiser from WSDOT's Approved Appraiser List if agency does not have qualified staff; • Ensures project wide consistency in approaches to value, use of market data and costs to cure; • Coordinate with engineering, program administration, acquisition, relocation, and/or property management as necessary. Consultant: The City of Port Orchard will retain the services of a consultant selected from WSDOT's list of approved Review Appraisers Title of AGENCY Position (employee name & qualifications attached) iv. ACQUISITION: Acquire, through negotiation with property owners, real property or real property interests (rights) on federal aid projects for the agency. Ensures acquisitions are completed in compliance with federal and state laws, regulations, and policies and procedures. Responsibilities/Expectations: • Use only qualified staff to perform acquisition activities for real property or real property interests, including donations; • To avoid a conflict of interest, when the acquisition function prepares an AOS, only acquires property valued at $10,000 or less; • Provide and maintain a comprehensive written account of acquisition activities for each parcel; • Prepare administrative settlement justification and obtain approval; • Prepare Project Funding Estimates (PFE) or, when applicable, True Cost Estimates (TCE); • Prepare Administrative Offer Summaries (AOS or Appraisal Waiver); • Review title, and recommend and obtain approval for acceptance of encumbrances; • Ensure acquisition documents are consistent with R/W plans, valuation, and title reports; • Provide a negotiator disclaimer; • Coordinate with engineering, program administration, appraisal, relocation, and/or property management as necessary; • Maintain a complete, well organized parcel file for each acquisition. Consultant: The City of Port Orchard will retain the services of a qualified consultant or another agency with qualified staff. Title of AGENCY Position (employee name & qualifications attached) 2of7 SUBJECT TO REQUIREMENTS LISTED IN RIGHT UN WAY PROCEDURES APPROVAL LETTER Page 74 of 295 Back to Agenda V. RELOCATION: Provide relocation assistance to occupants of property considered displaced by a federally funded projects for the agency. Ensures relocations are completed in compliance with federal and state laws, regulations, policies and procedures. Responsibilities/Expectations: • Prepare and obtain approval of relocation plan prior to starting relocation activities; • Confirm relocation appeal procedure is in place; • Provide required notices and advisory services; • Make calculations and provide recommendations for agency approving authority prior to making payment; • Provide and maintain a comprehensive written account of relocation activities for each parcel; • Coordinate with engineering, program administration, appraisal, acquisition, and/or property management as necessary; • Maintain a complete, well organized parcel file for each displacement; • Ensure occupants and personal property is removed from the ROW. Consultant. The City of Port Orchard will retain the services of a qualified consultant or another agency with qualified staff. Title of AGENCY Position (employee name & qualifications attached) vi. PROPERTY MANAGEMENT: Establish property management policies and procedures that will assure control and administration of ROW, excess lands, and improvements acquired on federal aid projects for the agency. Ensures property management activities are completed in compliance with federal and state laws, regulations, policies and procedures. Responsibilities/Expectations: • Account for use of proceeds from the sale/lease of property acquired with federal funds on other title 23 eligible activities; • Keep R/W free of encroachments; • Obtain WSDOT/FHWA approval for change in access control along interstate; • Maintain property records; • Coordinate with engineering, program administration, appraisal, acquisition, and/or property management as necessary; • Maintain a complete, well organized parcel file for each displacement; • Ensure occupants and personal property is removed from the R/W. Public Works Director/City of Engineer: Mark R. Dorsey, P.E. Title of AGENCY Position (employee name & qualifications attached) b. Any functions for which the AGENCY does not have qualified staff, the Agency will contract with another local agency with approved procedures, an outside contractor, or the Washington State Department of Transportation (WSDOT). An AGENCY that proposes to use outside contractors for any of the above functions will need to work closely with the WSDOT Local Agency Coordinator (LAC) and Local Programs to ensure all requirements are met. When the AGENCY proposes to have a staff person approved to negotiate who is not experienced in negotiation for FHWA funded projects, the LAC must be given a reasonable opportunity to review all offers and supporting data before they are presented to the property owners. SUBJECT TO REQUIREMENTS LISTED IN 3 of 7 RIGHTOF WAY PROCEDURES APPROVAL LETTER Page 75 of 295 Back to Agenda c. An AGENCY wishing to take advantage of an Appraisal Waiver (aka Administrative Offer Summary or AOS) procedure on properties valued up to $25,000 or less should make their proposed waiver procedure a part of these procedures. The procedure outlined in LAG manual has already been approved using form LPA- 003. The AGENCY may submit a procedure different than that shown and it will be reviewed and approved if it provides sufficient information to determine value. d. Attached is a copy of the AGENCY's administrative settlement procedure showing the approving authority(s) and the procedure involved in making administrative settlements. 2. All projects shall be available for review by the FHWA and WSDOT at any time and all project documents shall be retained and available for inspection during the plan development, right-of-way and construction stages, and for a three year period following acceptance of the projects by WSDOT. 3. Approval of the AGENCY's procedures by WSDOT may be rescinded at any time the AGENCY is found to no longer have qualified staff or is found to be in non-compliance with the regulations. The rescission may be applied to all or part of the functions approved. CITY OF PORT ORCHARD Attest: ity Clerk Brandy Rinearson, CIVIC Approved as to form: it A orney )j� -3 1 L �111, Mayor Robert Pu aansuu Date WASHINGTON STATE DEPARTMENT OF TRANSPORTATION Appro ed By: Local Programs Right of tNay Manager• 4of7 �liz li � Date SUBJECT TO REQUIREMENTS LISTED IN RIGHT OF WAY PROCEDURES APPROVAL LETTER Page 76 of 295 Back to Agenda EXHIBIT A WAIVER OF APPRAISAL PROCEDURE The City of Port Orchard, hereinafter referred to as "AGENCY", desiring to acquire Real Property according to 23 CFR, Part 635, Subpart C and State directives, and desiring to take advantage of the $25,000.00 appraisal waiver process approved by the Federal Highway Administration (FHWA) for Washington State, hereby agrees to follow the procedure approved for the Washington State Department of Transportation (WSDOT) LPA003 as follows: Rules A. The AGENCY may elect to waive the requirement for an appraisal if the acquisition is simple and the compensation estimate indicated on the Project Funding Estimate (PFE) is $25,000.00 or less including cost -to cure items. A True Cost Estimate shall not be used with this procedure. B. The AGENCY must make the property owner(s) aware that an appraisal has not been completed on the property for offers $10,000 or less. C. The AGENCY must make the property owner(s) aware that an appraisal has not been completed on the property for offers over $10,000 and up to $25,000, and that an appraisal will be prepared if requested by the property owner(s). D. Special care should be taken in the preparation of the waiver. As no review is mandated, the preparer needs to assure that the compensation is fair and that all the calculations are correct. Procedures A. An Administrative Offer Summary (AOS) is prepared using data from the PFE. B. The AOS is submitted to the City's Public Works Director for approval. C. The City's Public Works Director signs the AOS authorizing a first offer to the property owner(s). CITY OF PORT ORCHARD Approved By: 01 //,y BY Public s Director Local Programs Right of Way Manager SUR TF.CT TO REQUIREMENTS LISTED IN s°f' RIGHT Ur WAY PROCEDURES APPROVAL LETTER Page 77 of 295 Back to Agenda EXHIBIT B ADMINISTRATIVE SETTLEMENT POLICY The AGENCY shall make every reasonable effort to expeditiously acquire real property by negotiation. Negotiation implies an honest effort by the AGENCY to resolve differences with property owners. Offers can be flexible and negotiations should recognize the inexact nature of the process by which just compensation is determined, The AGENCY shall endeavor to expedite the acquisition of real property by agreements with owners and to avoid litigation and relieve congestion in the courts. 1. The AGENCY shall carefully consider and maximize the use of administrative settlements in appropriate situations. An administrative settlement or stipulated settlement is a negotiated settlement of a right-of-way acquisition case in which the AGENCY has administratively approved payment in excess of the AGENCY's offer of just compensation. The AGENCY shall carefully consider and maximize the use of administrative settlements in appropriate situations. 2. Administrative settlements may be approved when it is determined that such action is reasonably supported and in the public interest. In arriving at a determination to approve an administrative settlement, the following nonexclusive factors may be considered: A. All available appraisals, including the owner's, comparable sales not included in an appraisal, and the probable range of testimony in a condemnation trial. B. Ability of the City to acquire the property, or possession, through the condemnation process to meet the construction schedule. C. Impact of construction delay pending acquisition. D. The negotiators recorded information, including parcel details and the owner's rationale for increased compensation. E. Recent court awards in cases involving similar acquisition and appraisal problems. F. Likelihood of obtaining an impartial jury in local jurisdiction, opinion of legal counsel where appropriate. G. Estimate of trial cost weighed against other factors. The authority granted to AGENCY officials to provide Administrative Settlement Offers is as follows: A. The Public Works Director can authorize up to $20,000 over the amount offered as just compensation. B. The City Administrator can authorize $20,001 up to $50,000 over the amount offered as just compensation. C. Settlements exceeding $50,000 over the amount offered as just compensation must be authorized by City Council. 6 of 7 SUR iFCT TO REQUIREMENTS LISTED IN RIGHT Ur 4VAY PROCEDURES APPROVAL LETTER Page 78 of 295 Back to Agenda EXHIBIT C AGENCY staff currently filling the positions of "Program Administration" and "Property Management", and a brief summary of their qualifications pertaining to the specific right -of- way functions) for which they are listed are shown below. Program Administration: Mark R. Dorsey, P.E., Public Works Director/City Engineer 35 years of total Civil Engineering experience (8 years municipal experience.) Managed and directed all aspects of Public Works capital improvement Projects Project Manager for 3 FHWA-funded projects where ROW acquisitions required Project Manager of 3 Commerce -funded projects where ROW acquisitions required Property Management: Mark R. Dorsey, P.E., Public Works Director/City Engineer 35 years of total Civil Engineering experience (8 years municipal experience.) Managed and directed all aspects of Public Works capital improvement Projects Project Manager for 3 FHWA-funded projects where ROW acquisitions required Project Manager of 3 Commerce -funded projects where ROW acquisitions required Ongoing Property Management for the Tremont Street Widening Project SURJFCT TO REQUIREMENTS LISTED IN 7 of 7 RIGHT OF WAY PROCEDURES APPROVAL LETTER Page 79 of 295 i` Washington State V, Department of Transportation April 14, 2016 Mr. Mark Dorsey City Engineer City of Port Orchard 216 Prospect Street Port Orchard, Washington 98366 Transportation Building 310 Napie Park Avenue S.E. P.O. Box 47300 OI mpia. VIA 98504-7300 360-705-7000 TTY:1-800-833-6388 % rw. sdot.wa.gov City of Port Orchard Updated Right of Way Procedures Dear Mr. Dorsey: On March 24, 2016, the Local Programs Right of Way Section received the City's updated Right of Way (ROW) Procedures. These updated ROW procedures are approved, and supersede and replace the previous procedures subject to the following requirements: Mark Dorsey, PE, Public Works Director/City Engineer is approved to perform the Program Administration function, which includes oversight of hired ROW consultants, review and approval of recommended actions and payments, review and preliminary approval of administrative settlements, and authorization of just compensation including approval of Administrative Offer Summaries (AOS). 2. Appraisals and appraisal reviews must be contracted for with the Washington State Department of Transportation (WSDOT) or consultant on WSDOT's approved qualified appraiser/reviewer list. All acquisition work must be contracted for with qualified consultants, other agencies with qualified staff or WSDOT. Since the City has no experienced staff to oversee the acquisition process, the City must have direct supervision from the LAC. At a minimum, the LAC must be provided the opportunity to review all parcel files prior to first offers being made to the property owners. To avoid a conflict of interest, acquisition agents are only approved to acquire property valued at $10,000 or less if they also prepare the Administrative Offer Summary (AOS). 4. All relocations must be contracted for with qualified consultants, other agencies with qualified staff or WSDOT. Any relocation consultant must be monitored by the LAC. For any projects involving relocation, the City must provide confirmation they have an approved relocation appeal procedure in place prior to starting relocation activities. Page 80 of 295 Mr. Mark Dorsey City of Port Orchard April 14, 2016 Page 2 5. The City is approved to use the Federal Highway Administration approved waiver process of $25,000 or less, including cost to cure items in which you are not required to offer appraisals for values at $10,000 or less. 6. Mark Dorsey, PE, Public Works Director/City Engineer is approved to perform Property Management functions. 7. It is requested that the City work closely with the region LAC early and throughout the right of way process to ensure that all necessary procedures are followed on any federal -aid projects. In particular, the City must notify the Region LAC prior to contracting with consultants to initiate the process. When staffing changes occur, an updated list must be submitted for approval prior to commencement of any right of way work. If you have any questions regarding the requirements, please contact Dawn Fletcher, Olympic Region LAC at (360) 705-7325, or Neal Campbell, Olympic Region Local Programs Engineer at (360) 357-2666. Sincerely, Dianna Nausley Right of Way Manager Local Programs DN:ac Enclosures cc: Dawn Fletcher, Olympic Region Local Agency Coordinator Neal Campbell, Olympic Region Local Programs Engineer, MS 47440 Page 81 of 295 Back to Agenda �_. City of Port Orchard °Y1 ' 216 Prospect Street, Port Orchard, WA 98366 n `IN. del i' (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 8E Subject: Adoption of a Resolution Approving a Contract with Shea Carr & Jewell, Inc. dba SCJ Alliance for the Bethel Phase 1- Intersection Improvement Project Meeting Date: August 9, 2022 Prepared by: Chris Hammer, PE, PMP Interim Public Works Atty Routing No. Atty Review Date Director /City Engineer 36922-0009 August 2, 2022 Summary: Staff identified the need for professional architectural and engineering services for the Bethel Phase 1 Intersection Improvements Project. Accordingly, on October 1, and October 8, 2021, the City's Public Works Department published a Request for Qualifications (RFQ) seeking submissions from qualified Architecture and Engineering Professional Services Consultants with expertise in street design, right of way, and construction phase consulting for the Project. By the October 20, 2021, deadline the City received three (3) Statements of Qualification (SOQ). Upon review by staff of the SOQ's received, all three (3) qualified firms were interviewed on October 25, 2021. Based upon overall qualifications, including interview scoring, Staff recommends the selection of Shea Carr & Jewell, Inc. dba SCJ Alliance, as the most qualified consultant for the Project. Public Works Staff met with Shea Carr & Jewell, Inc. to negotiate the terms of an agreement for the Project. On July 28, 2022, Shea Carr & Jewell, Inc. provided a viable Scope of Work, Budget, and Project Timeline for the Project, in an amount not to exceed $624,292.45. Relationship to Comprehensive Plan: Chapter 8 — Transportation Recommendation: Staff recommends adoption of Resolution No. 063-22, authorizing the Mayor to execute Contract No. C083-22 with Shea Carr & Jewell, Inc. dba SCJ Alliance for the Bethel Phase 1- Intersection Project in an amount of $624,292.45. Motion for Consideration: I move to adopt Resolution No. 063-22, authorizing the Mayor to execute Contract No. C083-22 with Shea Carr & Jewell, Inc. dba SCJ Alliance for the Bethel Phase 1- Intersection Project in an amount of $624,292.45. Fiscal Impact: $350,000 included in the 2021-2022 Budget ($234,000 Developer funded for Blueberry TIP 1.8, $116,000 REET Funding). $274,292.45 will be funded in the 2023-2024 Budget. Attachments: Resolution No. 063-22 Contract No. C083-22 Exhibit A Shea Carr & Jewel Proposal Exhibit B Shea Carr & Jewell Rates for Services Page 82 of 295 Back to Agenda RESOLUTION NO.063-22 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE CONTRACT NO. C083-22 WITH SHEA CARR & JEWELL, INC., DBA SCJ ALLIANCE, FOR ARCHITECTUAL AND ENGINEERING SERVICES FOR THE BETHEL PHASE 1 - STREET IMPROVEMENT PROJECT, AND DOCUMENTING I]39Z4111:74uh11,1A�:Z�Z WHEREAS, the City is in need of professional architectural and engineering services for the design work necessary for the Bethel Phase 1 Street Improvement Project; and WHEREAS, on October 1 and October 8, 2021, the City of Port Orchard Public Works Department published a Request for Qualifications (RFQ) for Architectural and Engineering Services for the Bethel Phase 1— Street Improvement Project; and WHEREAS, by the October 20, 2021, deadline the City's Public Works Department received three (3) Statements of Qualification (SOQ) from qualified firms; and WHEREAS, after staff reviewed the SOQs received, the City's Public Works Department interviewed all three (3) qualified firms on October 25, 2021; and WHEREAS, based upon overall qualifications inclusive of interviewing scoring, the City's Public Works Department selected Shea Carr & Jewell, Inc. dba SCJ Alliance for the Project award and then met to negotiate a contract and the Project Understanding (Scope, Budget and Timeline); and WHEREAS, on July 28, 2022, Shea Carr & Jewell, Inc. dba SCJ Alliance provided the City's Public Works Department with a viable Proposal; and WHEREAS, upon completion of the Bidder's Checklist on November 10, 2021, the City's Public Works Department recommends the City Council approve of Shea Carr & Jewell, Inc. dba SCJ Alliance, for the Bethel Phase -1- Street Improvement Project; 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. THAT: The City Council approves of and authorizes the Mayor to execute Contract No. C083-22 with Shea Carr & Jewell, Inc. dba SCJ Alliance for the Bethel Phase -1- Street Improvement Project. Page 83 of 295 Back to Agenda Resolution No. 063-22 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 Clerk in authentication of such passage this 91" day of August 2022. ATTEST: Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 84 of 295 Back to Agenda Port Orchard Contract #: 083-22 Authorized Amount: $624,292.45 Date Start: August 9, 2022 Date End: March 31, 2023 CONSULTANT SERVICES AGREEMENT Shea Carr & Jewell, Inc dba SCJ Alliance THIS AGREEMENT is entered into by and between the City of Port Orchard, Washington, a municipal corporation organized under the laws of the State of Washington ("City") and Shea Car & Jewell, Inc. dba SCJ Alliance ("Consultant") organized under the laws of the State of Washington, located and doing business at 8730 Tallon Ln NE, Ste 200 (hereinafter the "Consultant"). RECITALS: WHEREAS, the City desires to have certain services performed for its residents; and WHEREAS, the City has selected the Consultant to perform such services pursuant to certain terms and conditions; and WHEREAS, the City complied with the requirements for hiring Consultant contained in Chapter 062-11I11:Z��JiI NOW, THEREFORE, in consideration of the mutual benefits and conditions set forth below, the parties agree as follows: AGREEMENT: 1. Scope of Services to be Performed by Consultant. The Consultant shall perform those services described on Exhibit "A," which is attached hereto and incorporated herein bythis reference as if set forth in full. In performing such services, the Consultant shall at all times comply with all federal, state, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Consultant shall perform the services diligently and completely and in accordance with professional standards of conduct and performance. The Consultant shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. If the services provided hereunder are funded in whole or in part under a Grant Funding Agreement, then Consultant will comply with the terms of such Grant Funding Agreement to ensure that the City is able to obtain the maximum funding under such Grant Funding Agreement. If this applies, the City will provide the Consultant with a copy of the Grant Funding Agreement. City of Port Orchard and Shea Carr & Jewel, Inc dba SCJAlliance Public Works Project No.PW2021-002 Professional Service Agreement Contract No. C083-22 Updated 4/2022 IBDR Page 85 of 295 Page 1 of 51 Back to Agenda 2. Compensation. The City shall pay the Consultant for services rendered according to the rates and methods set forth below. ❑ LUMP SUM. Compensation for these services set forth in Exhibit A shall be a Lump Sum of $ 0 TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed $624,292.45 without written authorization and will be based on the list of billing rates and reimbursable expenses attached hereto as Exhibit "B." ❑ TIME AND MATERIALS. Compensation for these services shall be on a time and materials basis according to the list of billing rates and reimbursable expenses attached hereto as Exhibit ❑ OTHER 3. 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. City of Port Orchard and Shea Carr & Jewel, Inc dba SCJAlliance Public Works Project No.PW2021-002 Professional Service Agreement Contract No. C083-22 Updated 4/2022 IBDR Page 86 of 295 Page 2 of 51 Back to Agenda 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. The City shall pay the Consultant for services rendered within ten (10) days after City Council voucher approval. However, if the City objects to all or any portion of an invoice, it shall notify Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the Parties will immediately make every effort to settle the disputed portion. F. The City reserves the right to direct the Consultant's compensated services before reaching the maximum amount. 4. Duration of Agreement. A. This Agreement shall be in full force and effect for a period commencing on August 9, 2022 and ending March 31, 2023 unless sooner terminated under the provisions of this Agreement. The City reserves the right to offer two (2) one-year extensions prior to expiration of the Agreement to retain the Consultant's services. B. Time is of the essence of this Agreement in each and all of its provisions in which performance is required. If delays beyond the Consultant's reasonable control occur, the Parties will negotiate in good faith to determine whether an extension is appropriate. C. The Consultant shall obtain a City of Port Orchard business license prior to commencing work pursuant to a written Notice to Proceed. D. The Consultant is authorized to proceed with services upon receipt of a written Notice to Proceed. 5. 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. 6. Ownership and Use of Documents. A. Ownership. Any records, files, documents, drawings, specifications, data, or information, regardless of form or format, and all other materials produced by the Consultant in connection with the services provided to the City, shall be the property of the City whether the project for which they were created is executed or not. City of Port Orchard and Shea Carr & Jewel, Inc dba SCJAlliance Public Works Project No.PW2021-002 Professional Service Agreement Contract No. C083-22 Updated 4/2022 IBDR Page 87 of 295 Page 3 of 51 Back to Agenda B. Records preservation. Consultant understands that this Agreement is with a government agency and thus all records created or used in the course of Consultant's work for the City are considered "public records" and are subject to disclosure by the City under the Public Records Act, Chapter 42.56 RCW ("the Act"). Consultant agrees to safeguard and preserve records in accordance with the Act. The City may be required, upon request, to disclose the Agreement, and the documents and records submitted to the City by Consultant, unless an exemption under the Public Records Act applies. If the City receives a public records request and asks Consultant to search its files for responsive records, Consultant agrees to make a prompt and thorough search through its files for responsive records and to promptly turn over any responsive records to the City's public records officer at no cost to the City. 7. Relationship of the Parties; Independent Consultant. 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 City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Consultant, or any employee 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. Indemnification. 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 attorneys' fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. City of Port Orchard and Shea Carr & Jewel, Inc dba SCJAlliance Public Works Project No.PW2021-002 Professional Service Agreement Contract No. C083-22 Updated 4/2022 IBDR Page 88 of 295 Page 4 of 51 Back to Agenda IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THIS WAIVER HAS BEEN MUTUALLY NEGOTIATED BY THE PARTIES. The provisions of this section shall survive the expiration or termination of this Agreement. 9. Insurance. The Consultant shall procure and maintain for the duration of the 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: limits: 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. ii. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent Consultants and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. iii. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. iv. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance. Consultant shall maintain the following insurance Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. ii. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. iii. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. City of Port Orchard and Shea Carr & Jewel, Inc dba SCJAlliance Public Works Project No.PW2021-002 Professional Service Agreement Contract No. C083-22 Updated 4/2022 IBDR Page 89 of 295 Page 5 of 51 Back to Agenda C. Other Insurance Provision. The Consultant's Automobile Liability, Commercial General Liability, and Professional Liability insurance policies are to contain, or be endorsed to contain, that they shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 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. F. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. G. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days' notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. H. No Limitation. Consultant's maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. 10. Record Keeping and Reporting. A. The Consultant shall maintain accounts and records, including personnel, property, financial, and programmatic records, which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed pursuant to this Agreement. The Consultant shall also maintain such other records as may be deemed necessary by the City to ensure proper accounting of all funds contributed by the City to the performance of this Agreement. B. The foregoing records shall be maintained for a period of seven (7) years after termination of this Agreement unless permission to destroy them is granted by the Office of the Archivist in accordance with Chapter 40.14 RCW and by the City. 11. City's Right of Inspection and Audit. A. 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 City of Port Orchard and Shea Carr & Jewel, Inc dba SCJAlliance Public Works Project No.PW2021-002 Professional Service Agreement Contract No. C083-22 Updated 4/2022 IBDR Page 90 of 295 Page 6 of 51 Back to Agenda meet the approval of the City and shall be subject to the City's general right of inspection to secure the satisfactory completion thereof. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or become applicable within the terms 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. B. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by the City during the performance of this Agreement. All work products, data, studies, worksheets, models, reports, and other materials in support of the performance of the service, work products, or outcomes fulfilling the contractual obligations are the products of the City. 12. 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. 13. Termination. 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. i. With or Without Cause. Upon termination for any reason, all finished or unfinished documents, reports, or other material or work of the Consultant pursuant to this Agreement shall be submitted to the City, and the Consultant shall be entitled to just and equitable compensation for any satisfactory work completed prior to the date of termination, not to exceed the total compensation set forth herein. The Consultant shall not be entitled to any reallocation of cost, profit or overhead. The Consultant shall not in any event be entitled to anticipated profit on work not performed because of such termination. The Consultant shall use its best efforts to minimize the compensation payable under this Agreement in the event of such termination. Upon termination, the City may take over the work and prosecute the same to completion, by contract or otherwise. City of Port Orchard and Shea Carr & Jewel, Inc dba SCJAlliance Public Works Project No.PW2021-002 Professional Service Agreement Contract No. C083-22 Updated 4/2022 IBDR Page 91 of 295 Page 7 of 51 Back to Agenda ii. 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 the "Notices" Section herein. F. Nothing in this Subsection shall prevent the City from seeking any legal remedies it may otherwise have for the violation or nonperformance of any provisions of this Agreement. 14. Discrimination Prohibited. 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. Violation of this Section 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. 15. Force Maleure. Notwithstanding anything to the contrary in this Agreement, any prevention, delay or stoppage due to strikes, lockouts, labor disputes, acts of God, acts of war, terrorist acts, inability to obtain services, labor, or materials or reasonable substitutes therefor, governmental actions, governmental laws, regulations or restrictions, civil commotions, casualty, actual or threatened public health emergency (including, without limitation, epidemic, pandemic, famine, disease, plague, quarantine, and other significant public health risk), governmental edicts, actions, declarations or quarantines by a governmental entity or health organization, breaches in cybersecurity, and other causes beyond the reasonable control of the Party obligated to perform, regardless of whether such other causes are (i) City of Port Orchard and Shea Carr & Jewel, Inc dba SCJAlliance Public Works Project No.PW2021-002 Professional Service Agreement Contract No. C083-22 Updated 4/2022 IBDR Page 92 of 295 Page 8 of 51 Back to Agenda foreseeable or unforeseeable or (ii) related to the specifically enumerated events in this paragraph (collectively, a "Force Majeure"), shall excuse the performance of such Party for a period equal to any such prevention, delay or stoppage. To the extent this Agreement specifies a time period for performance of an obligation of either Party, that time period shall be extended by the period of any delay in such Party's performance caused by a Force Majeure. Provided however, that the current COVID-19 pandemic shall not be considered a Force Majeure unless constraints on a Party's performance that result from the pandemic become substantially more onerous after the effective date of this Agreement. 16. Assienment and Subcontract. The Consultant shall not assign or subcontract any portion of the services contemplated by this Agreement without the prior written consent of the City. Any assignment made without the prior approval of the City is void. 17. Conflict of Interest. The Consultant represents to the City that it has no conflict of interest in performing any of the services set forth in Exhibit "A." In the event that the Consultant is asked to perform services for a project with which it may have a conflict, Consultant will immediately disclose such conflict to the City. 18. Confidentiali All information regarding the City obtained by the Consultant in performance of this Agreement shall be considered confidential. Breach of confidentiality by the Consultant shall be grounds for immediate termination. 19. Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will so notify the Consultant and shall not be obligated to make payments for services or amounts incurred after the end of the current fiscal period. This Agreement will terminate upon the completion of all remaining services for which funds are allocated. No penalty or expense shall accrue to the City in the event that the terms of the provision are effectuated. 20. Employment of State Retirees. The City is a "DRS-covered employer" which is an organization that employs one or more members of any retirement system administered by the Washington State Department of Retirement Systems (DRS). Pursuant to RCW 41.50.139(1) and WAC 415-02-325(1), the City is required to elicit on a written form if any of the Contractor's employees providing services to the City retired using the 2008 Early Retirement Factors (ERFs), or if the Contractor is owned by an individual who retired using the 2008 ERFs, and whether the nature of the service and compensation would result in a retirement benefit being suspended. Failure to make this determination exposes the City to significant liability for pension City of Port Orchard and Shea Carr & Jewel, Inc dba SCJAlliance Public Works Project No.PW2021-002 Professional Service Agreement Contract No. C083-22 Updated 4/2022 IBDR Page 93 of 295 Page 9 of 51 Back to Agenda overpayments. Asa result, before commencing work under this Agreement, Contractor shall determine whether any of its employees providing services to the City or any of the Contractor's owners retired using the 2008 ERFs, and shall immediately notify the City and shall promptly complete the form provided by the City after this notification is made. This notification to DRS could impact the payment of retirement benefits to employees and owners of Contractor. Contractor shall indemnify, defend, and hold harmless the City from any and all claims, damages, or other liability, including attorneys' fees and costs, relating to a claim by DRS of a pension overpayment caused by or resulting from Contractor's failure to comply with the terms of this provision. This provision shall survive termination of this Agreement. 21. Entire Agreement. This Agreement contains the entire agreement between the parties, and no other agreements, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind either of the parties. If there is a conflict between the terms and conditions of this Agreement and the attached exhibits, then the terms and conditions of this Agreement shall prevail over the exhibits. Either party may request changes to the Agreement. Changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. 22. 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. 23. 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. 24. Notices. All notices or other communications required or permitted under this Agreement shall be in writing and shall be (a) personally delivered, in which case the notice or communication shall be deemed given on the date of receipt at the office of the addressee; (b) sent by registered or certified mail, postage prepaid, return receipt requested, in which case the notice or communication shall be deemed given three (3) business days after the date of deposit in the United States mail; or (c) sent by overnight delivery using a nationally recognized overnight courier service, in which case the notice or communication shall be deemed given one business day after the date of deposit with such courier. In addition, all notices shall also be emailed, however, email does not substitute for an official notice. Notices shall be sent to the following addresses: City of Port Orchard and Shea Carr & Jewel, Inc dba SCJAlliance Public Works Project No.PW2021-002 Professional Service Agreement Contract No. C083-22 Updated 4/2022 IBDR Page 94 of 295 Page 10 of 51 Back to Agenda Notices to the City of Port Orchard shall be sent to the following address: City Clerk City of Port Orchard 216 Prospect Street Port Orchard, Washington 98366 BwaIIace@cityofportorchard.us Phone:360.876.4407 Fax: 360.895.9029 Notices to the Consultant shall be sent to the following address: Phone No.: Email: 25. Resolution of Disputes; 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. 26. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. City of Port Orchard and Shea Carr & Jewel, Inc dba SCJAlliance Public Works Project No.PW2021-002 Professional Service Agreement Contract No. C083-22 Updated 4/2022 IBDR Page 95 of 295 Page 11 of 51 Back to Agenda 27. 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: A. 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. B. 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. C. 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. D. 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. E. 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: withholding payments to the Consultant under the Agreement until the contractor complies; and/or City of Port Orchard and Shea Carr & Jewel, Inc dba SCJAlliance Public Works Project No.PW2021-002 Professional Service Agreement Contract No. C083-22 Updated 4/2022 IBDR Page 96 of 295 Page 12 of 51 Back to Agenda ii. cancelling, terminating, or suspending the Agreement, in whole or in part. F. 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. 28. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. 29. Severability. Any provision or part of this Agreement held to be void or unenforceable under any law or regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon the City and the Consultant, who agree that the Agreement shall be reformed to replace such stricken provision or part with a valid and enforceable provision that comes as close as reasonably possible to expressing the intent of the stricken provision. IN WITNESS WHEREOF, the City and the Consultant have executed this Agreement as of the dates listed below. CONSULTANT By: Title: Date: Cal 11 V991 2I01:4 KQ :141: /_1:u; City of Port Orchard and Shea Carr & Jewel, Inc dba SCJAlliance Public Works Project No.PW2021-002 Professional Service Agreement Contract No. C083-22 Updated 4/2022 IBDR 0 Robert Putaansuu, Mayor Date: ATTEST/AUTHENTICATE Brandy Wallace, MMC, City Clerk Page 97 of 295 Page 13 of 51 Back to Agenda APPROVED AS TO FORM Port Orchard City Attorney's Office City of Port Orchard and Shea Carr & Jewel, Inc dba SCJAlliance Public Works ProjectNo.PW2021-002 Professional Service Agreement Contract No. C083-22 Updated 4/2022 IBDR Page 98 of 295 Page 14 of 51 Back to Agenda EXHIBIT A Scope of Services to be Provided by Consultant. The Consultant shall furnish services including, but not limited to, the following outlined below as Exhibit A. City of Port Orchard and Shea Carr & Jewel, Inc dba SCJAlliance Public Works Project No.PW2021-002 Professional Service Agreement Contract No. C083-22 Updated 4/2022 IBDR Page 99 of 295 Page 15 of 51 Back to Agenda SCJ ALLIANCE CONSULTING SERVICES Exhibit A Scope of Work Bethel Road Port Orchard, WA Prepared For: Mark Dorsey, PE, Director of Public Works/City Engineer Chris Hammer, PE, Assistant City Engineer Prepared By: Patrick Holm, PE, Project Manager Date Prepared: July 28, 2022 Overview Bethel Road SE connects Port Orchard north to SR166/ Bay Street, the waterfront, and south to SR160. This corridor forms a business loop connecting to SR16. It serves as the primary arterial for the Bethel/Sedgwick and Bethel/Lund countywide centers and provides a multitude of retail destinations for the community. The existing Bethel Road corridor between Sedgwick Road and Lund Avenue is generally one travel lane in either direction with no sidewalk or bike facilities. Development between Sedgwick Road and Lund Avenue is poised to increase the traffic volume on this portion of the corridor. The Bethel Road cross section is approximately two 11-foot travel lanes and 4-foot shoulders on either side. In 2018, SCJ Alliance consulted with the City of Port Orchard to prepare the Bethel Road and Sedgwick Road Corridor Plan to develop the character of the corridor and identify the roadway cross sections, potential right-of- way needs, and multimodal facilities. A central portion of the corridor was part of Phase 1 of the corridor plan. Phase 1 recommends roundabout intersections at Blueberry Road and Salmonberry Road to provide safer intersections and accommodate traffic growth. The construction of roundabouts will also provide the framework for future multimodal facilities with bike lanes and sidewalk along the corridor. The extent of the work is as identified for Phase 1 in the final draft of the Plan and includes stormwater conveyances north to planned facilities at City owned parcel 1-066 and south to wetland complex south of SR160/ Sedgwick. The goal of this project will be to progress design to plan for right of way acquisition and to position for future grant opportunities. The work will consist of the following Tasks: ♦ Task 1— Project Management ♦ Task 2 —Topographic Survey and Right of Way Mapping (by Parametrix) ♦ Task 3 — Geotechnical Exploration (by Olson) ♦ Task 4 — Permitting Scoping and Environmental Evaluation (GeoEngineers) ♦ Task S — Roadway Design Page 100 of 295 Page 16 of 51 Back to Agenda Bethel Road SCJ ALLIANCE July 28, 2022 CONSULTING SERVICES Page 2 of 21 ♦ Task 6 — Stormwater Design (by Paramtrix) ♦ Task 7 — Utility Design and Coordination (by Paramterix) ♦ Task 8 — Public Involvement ♦ Task 9 —Preliminary Right -of -Way Review (by Tierra) Task 1 — Project Management This Task includes Subtasks to plan, manage, and administer the work; attend project meetings and City Council study sessions; and provide quality assurance/quality control. 1.1 Project Planning 1.1.1 Project Management Plan 1) Prepare a Project Management Plan to document the elements listed below. Implementation of the plan elements is not included in this Subtask budget. ♦ Project Vision ♦ Project Objective ♦ Project Description ♦ Critical Success Factors ♦ Operating Guidelines ♦ Roles and Responsibilities ♦ Contact List ♦ Scope of Services ♦ Budget ♦ Schedule ♦ Project Reporting ♦ Document Management ♦ Change Management Plan ♦ QA/QC Management Plan 1.2 Management 1) Management: Manage the project by directing and supervising staff and reviewing work for the duration of the project. This management is for the overall work rather than specific Tasks/Subtasks. 2) Schedule and Budget: Develop a critical path project schedule to match the scope of work. Identify Subtask durations, predecessors, CITY reviews, deliverables, and milestones. Review and update the schedule monthly and submit to the City on the first of each month. Monitor earned value and actual costs on a bi-weekly basis. Provide monthly billing statements to the City including overall budget and schedule confirmation and review for each progress billing period. Page 101 of 295 Page 17 of 51 Back to Agenda SC.J ALLIANCE CONSULTING SERVICES 1.3 Administration Bethel Road July 28, 2022 Page 3 of 21 1) Monthly Progress Reports: Review and verify bi-weekly project charges. Prepare and submit a monthly progress report. Monthly progress reports will show: (1) work performed last month, (2) work planned this month, (3) schedule and budget status (including a 3-line earned value chart), (4) a summary of scope changes/added value, and (5) items needed from the CITY and/or others. 2) Progress Billings: Prepare a monthly progress bill with monthly progress reports attached. Bills will show staff hours for each Task (i.e., Task 1: Project Management). 3) Filing: Develop a project filing system and maintain project files in one centralized location. Periodically purge draft and redundant documents. 4) Subconsultant Administration: Execute and administer sub agreements. Review and approve monthly invoices. 1.4 Project Meetings 1) Weekly Conference Calls: Conduct bi-weekly 60-minute conference calls between the CITY Project Manager and the CONSULTANT Project Manager to review the monthly progress report. 1.5 Quality Assurance/Quality Control 1) Quality Control: Provide senior level review of Subtask deliverables before submittal to the CITY. Quality Assurance: Audit quality check activities and documentation on a periodic basis. Task 1 Understanding ♦ Project management will be provided over a 18-month time frame and the estimated number of meetings and project coordination is reflected in the budget. ♦ Progress billings will be submitted monthly to the City. Task 1 Deliverables ♦ Bi-weekly Progress Report submitted via email in PDF format. ♦ Progress billings submitted monthly submitted via email in PDF format and submitted via US Mail. ♦ MS Project schedule and updates submitted via email in PDF format. Submitted to City at first of each month. ♦ Minutes for Management Meetings submitted via e-mail in PDF format. ♦ Project Management Plan Task 2 — Topographic Survey and Right of Way Mapping (Parametrix) 2.1 Research 1) Research: Research existing survey control and survey monuments related to the rights -of -way and parcel lines. Page 102 of 295 Page 18 of 51 Back to Agenda Bethel Road SCJ ALLIANCE July 28, 2022 CONSULTING SERVICES Page 4 of 21 2) ROW Review: Review right-of-way map developed in the Bethel Road and Sedgwick Road Corridor Study. 2.2 Survey Control Establish survey control using a combination of Static GPS, Real Time Kinematic (RTK), and conventional survey methods in accordance with industry standards. 1) Field Survey: Perform a field survey to establish horizontal and vertical survey control. Evaluate Survey Control: Evaluate survey control and adjust accordingly. 2) Monument Recovery: Recover existing survey monuments relevant to the re-establishment of existing right of way lines and parcel lines. 2.3 Topographic Survey and Base Map 2.3.1 Topographic Survey The limits of the topographic survey are delineated in Exhibit A. Field Topographic Survey depicting the following: ♦ Existing road centerlines. ♦ Location and size of driveway cuts ♦ Sidewalk expansion joints at the project limits. ♦ Sidewalk, curb, median and shoulder locations. ♦ Edge of pavement and edge of gravel. ♦ Grade breaks in pavement. ♦ Channelization lines. ♦ Buildings, structures, and improvements. ♦ Retaining walls. ♦ Fences, size, type, and height. ♦ Signs and sign structures including description, size, and post material ♦ Signal poles ♦ Light posts ♦ Top / Toe of slopes ♦ Trees over 6-inch diameter measured at 4.5 feet above ground level ♦ Critical Areas Delineators/Flags ♦ Prominent landscape features (hedges, brush lines, boulders, etc.) ♦ Storm drainage structures Structures types, pipe sizes, invert elevations ♦ Sanitary Sewer structures Structures types, pipe sizes, invert elevations ♦ Water line structures Water valves including measurement to top of nut, meters, blow offs and hydrants. ♦ Above ground power structures Page 103 of 295 Page 19 of 51 Back to Agenda SC.J ALLIANCE CONSULTING SERVICES Poles and anchor locations, vaults, and above ground structures. ♦ Signal controllers, service cabinets, transformers, junction boxes, and conductor runs. ♦ Survey underground utility locate markings presented by utility locate services. 2.3.2 Topographic Base Map 1) Survey Data Backup: Download and backup survey data daily. 2) Survey Compilation: Compile survey data into digital AutoCAD base map. 3) Draft Topographic Survey: Draft topographic survey map at 1" = 20' scale. 4) Field Check: Field check topographic survey map. 5) Topographic Update: Update topographic survey map based on field edits. 2.3.3 Ramsey Road Boundary and Topographic Survey 1) Ramsey Road Boundary and Topographic Survey: Bethel Road July 28, 2022 Page 5 of 21 The CONSULTANT will retrace the boundaries of the following nine (9) properties listed below with Kitsap County Tax parcel numbers and obtain title reports: 1. 022301-4-060-2005 1350 SE Salmonberry Rd, 2. 022301-4-101-2006 4100 Ramsey Rd SE, 3. 022301-4-021-2003 4164 Ramsey Rd SE, 4. 022301-4-022-2002 4262 Ramsey Rd SE, 5. 022301-4-016-2000 No site address, 6. 022301-4-017-2009 4145 Ramsey Rd SE, 7. 022301-4-020-2004, No Site Address, 8. 022301-4-048-2002 4513 Ramsey Rd SE, 9. 022301-4-042-2008 4525 Ramsey Rd SE, In addition, the CONSULTANT will perform a topographic survey of the roadway template of the existing Ramsey Road, to provide the width of paved traveled way and the centerline of ditch and to include one more ground shot to obtain the roadway template. The limits of the Ramsey Road topographic survey are delineated in Exhibit B. Field Topographic Survey depicting the following: ♦ Existing road centerlines. ♦ Location and size of driveway cuts ♦ Sidewalk expansion joints at the project limits. ♦ Sidewalk, curb, median and shoulder locations. ♦ Edge of pavement and edge of gravel. ♦ Grade breaks in pavement. ♦ Channelization lines. ♦ Buildings, structures, and improvements. ♦ Retaining walls. Page 104 of 295 Page 20 of 51 Back to Agenda SC.J ALLIANCE CONSULTING SERVICES ♦ Fences, size, type, and height. ♦ Signs and sign structures including description, size, and post material ♦ Signal poles ♦ Light posts ♦ Top / Toe of slopes ♦ Trees over 6-inch diameter measured at 4.5 feet above ground level ♦ Critical Areas Delineators/Flags ♦ Prominent landscape features (hedges, brush lines, boulders, etc.) ♦ Storm drainage structures ♦ Structures types, pipe sizes, invert elevations ♦ Sanitary Sewer structures ♦ Structures types, pipe sizes, invert elevations ♦ Water line structures ♦ Water valves including measurement to top of nut, meters, blow offs and hydrants. ♦ Above ground power structures 2.4 Right -of -Way Plan Bethel Road July 28, 2022 Page 6 of 21 Determine the right way along Bethel Road, Ramsey Rd, Salmonberry Rd and Blueberry Road within the limits delineated out in Exhibit A. The lateral boundary lines adjacent to the right of way lines (Bethel Road, Salmonberry Rd and Blueberry Road) will also be determined, which consist of the following Kitsap County tax parcel numbers (also graphically represented in Exhibit A) total of 32 (thirty parcels): 012301-3-057-0003; 012301-3-056-2004; 012301-3-055-2005; 012301-3-078-2008; 012301-3-077-2009; 012301-3-003-2008; 012301-3-051-2009; 022301-4-113-2002; 022301-4-111-2004; 022301-4-103-2004; 022301-4-025-2009; 022301-4-051-2006; 022301-4-019-2007; 022301-4-018-2008; 022301-4-047-2003; 022301-4-016-2000; 022301-1-002-2002; 012301-3-125-2001; 012301-3-041-2002; 012301-3-040-2003; 012301-3-036-2009; 012301-3-035-2000; 012301-2-096-2008; 012301-2-069-001; 012301-2-068-2002; 012301-2-083-2003; 012301-2-093-2001; 022301-1-004-2000; 022301-1-005-2009; 022301-1-006-2008; 012301-3-033-2002; 012301-2-099-2005 1) DRAFT ROW Plan Sheets: DRAFT right-of-way plan detailing existing right-of-way limits and lateral parcel lines abutting the right-of-way along (Bethel Road, Salmonberry Rd and Blueberry Road). 2) ROW Plan Update: one iteration of updates on right of way plan based on engineering design needs for additional right-of-way. 3) A total of 41 (41) title reports will be ordered on the parcels listed above in section 2.3.3 and 2.4 Task 2 Understanding ♦ The CONSULTANT Team has accounted for the cost of an independent utility locating service to identify the location of existing underground conductible utilities. ♦ Survey work will not require agency permits. ♦ Traffic control deemed necessary to complete survey work will be provided and coordinated by the City of Port Orchard. Page 105 of 295 Page 21 of 51 Back to Agenda Bethel Road SCJ ALLIANCE July 28, 2022 CONSULTING SERVICES Page 7 of 21 ♦ CONSULTANT Team personnel will not access any area/roadway that is deemed unsafe for any reason. ♦ City of Port Orchard will obtain right of entry within the project site. The CONSULTANT Team will provide City of Port Orchard with which properties right of entry is needed. ♦ No field staking will be required. ♦ A Record of Survey is not required, this task does include setting of monuments at the property corners. ♦ This task does not include resolution of physical encroachments/occupations that may be disclosed by a field survey. ♦ Survey work will be performed under the supervision of a Professional Land Surveyor (PLS) licensed in the State of Washington. ♦ Project mapping limits delineated in the attached Exhibit A. ♦ City of Port Orchard will provide maps available related to the existing right-of-way for roads described in the project limits. ♦ PRIOR TO ANY SURVEY WORK — verifv with the Citv EnLyineer the Horizontal Control and Vertical Datum for the project. Horizontal — Survey work to be established on Washington State Coordinate System NAD83/91 per WSDOT survey control monuments near the project vicinity. Vertical —The Vertical Datum for the survey work will reference North American Vertical Datum of 1988 (NAVD 88). ♦ Units will be US Survey Feet. ♦ Base map will be developed using the CONSULTANT Team Survey Mapping Standards. ♦ Field measurements will be captured sufficient to generate a surface file at one -foot contours. ♦ City of Port Orchard will be responsible for the recording and fees associated with the right-of-way exhibits. ♦ Two (2) revisions to the right-of-way plan (2 sheets total). ♦ Up to 41 title reports will be needed to complete legal description and exhibit map work. The City will order the title reports. Parcels are based on preliminary ROW plan from the Bethel Road Corridor Study. ♦ The lateral property lines adjacent to the right of way will be determined, this does not include the entirety of the parcels. Task 2 Deliverables ♦ AutoCAD file of topographic survey. ♦ Existing surface TIN file. ♦ Right of way plan (2 sheets). Task 3 — Geotechnical Exploration (Olson) 3.1 Site Reconnaissance & Explorations Field Locates 1) Gather Data: Gather and review readily available published geologic subsurface information. Utility Locates: Notify the Utility Notification Center ("One Call") for utility clearance and conduct utility locate follow-ups. A private utility locator will also be contracted to locate utilities not identified by the One - Call utility locate service. Page 106 of 295 Page 22 of 51 Back to Agenda Bethel Road SCJ ALLIANCE July 28, 2022 CONSULTING SERVICES Page 8 of 21 2) Drilling Coordination: Coordinate and prepare drilling and traffic control subcontracts and schedules. Traffic Control Support: Assist with generation of traffic control plans and obtain/secure permits for borings prior to starting work. Traffic control services will be scheduled in concert with drilling where traffic control services are necessary. 3.2 Exploration and Testing 1) Borings: Advance a total of 10 to 12 soil borings at agreed -upon target areas. 2) Decommission of Borings: Upon completion of drilling and sampling, the bore holes will be decommissioned in accordance with Washington Administrative Code 173-160. 3) Exploration Supervision: A geotechnical engineer or geologist will coordinate and supervise the explorations, obtain soil samples from the borings, and prepare field logs of conditions encountered. 4) Test Pits: Infiltration facilities may entail 1 to 2 test pits for verification of subsurface soil and ground water conditions and collect soil samples for gradations and other testing requirements. 5) Laboratory Testing: Complete geotechnical laboratory testing to help determine soil classification and pertinent soil properties. The budget includes up to 15 mechanical sieve analyses, 10 organic content (OC) tests, and 10 cation exchange capacity (CEC) tests. 6) Pavement Survey: Complete a general pavement survey while on site. We will look for areas of cracking and distress and attempt to note these, where practical, on our site plan. 3.3 Geotechnical Engineering Analysis 1) Analyze Data: Analyze the data obtained from the field exploration and laboratory testing program to develop geotechnical recommendations to support design and construction of the project. Prepare a draft and final geotechnical report summarizing the results of the field explorations and the engineering conclusions and recommendations. The report will include: ♦ A site map showing the approximate locations of the explorations. ♦ Descriptive logs of the explorations and a summary of the subsurface soil and groundwater conditions encountered in the explorations and results of our laboratory testing. ♦ A general description of pavement distress observed along the corridor. ♦ Recommendations for site grading, including clearing, grubbing, and stripping; temporary and permanent cut slopes; fill placement and compaction criteria; and subgrade preparation in general accordance with the 2020 Washington State Department of Transportation (WSDOT) Standard Specifications (WSDOT 2020). ♦ Recommendations for installation of new stormwater, water, and sewer pipes consisting of trench excavation and retention, a general discussion of construction dewatering requirements, pipe foundation support, pipe bedding and backfill materials, an assessment of the feasibility of utilizing the excavated soil for use as trench backfill, and trench backfill compaction criteria. ♦ Recommended preliminary stormwater infiltration rate and an assessment of preliminary stormwater infiltration based on sieve analysis results from samples obtained in the borings. ♦ Recommended new pavement section design in general accordance with AASHTO 1993 design method, including subbase and subgrade preparation and materials in general accordance with WSDOT Standard Specifications. Page 107 of 295 Page 23 of 51 Back to Agenda Bethel Road SCJ ALLIANCE July 28, 2022 CONSULTING SERVICES Page 9 of 21 ♦ Luminary light pole design parameters for design of luminary light pole foundations. Our design parameters will be based on Chapter 17 of the WSDOT Geotechnical Design Manual (GDM). ♦ Parameters and soil conditions for retaining wall design. Task 3 Understanding ♦ The simplified method to determine infiltration rates is sufficient for preliminary design of infiltration facilities of samples obtained from the borings (note: a Pilot Infiltration Test will be required to determine actual tested design values). ♦ Preliminary infiltration rates will be provided for the future stormwater facilities in accordance with the 2019 Stormwater Management Manual for Western Washington. ♦ Handling or drilling into contaminated soil is not expected or boring locations will be situated so that potentially contaminated areas will be avoided. ♦ Diamond core drilling services are included and assumed to be satisfactory to advance through concrete underlying asphalt, where/if present. ♦ Along Bethel corridor, it should be planned to work within the City of Port Orchards operational hours Sam to 3pm. For the field work along the road ROW, three business days should be planned for. ♦ The four (4) pond areas should take one day each to complete or about four (4) days. NLO will need to be notified if water is available, fire hydrant, near the site or if a water truck will need to be subcontracted. ♦ Once the other smaller retention facilities have been identified, NLO can provide a better assessment of the time frame and other requirements associated with the scope of work of these facilities. ♦ Task 4 Deliverables ♦ Geotechnical Design Report(s) in PDF via email Task 3 Deliverables ♦ Geotechnical Design Report(s) in PDF via email Task 4 — Permitting Scoping and Environmental Evaluation (GeoEngineers) 4.1 Wetland and Stream Delineation 1) Gather Information: Gather known information regarding habitat conditions at the site, such as the mapped presence of potential wetlands that occur on or adjacent to the project area. We will compile soil, stream and wetland spatial data available from federal, state and local agencies. Additional information such as topographic maps, aerial photographs and street layers will also be reviewed prior to conducting field work and will be used to prepare report documentation as described below. 2) Site Visit: Conduct a site visit to assess the site for wetlands and streams, and mark the wetland boundaries and stream ordinary high water mark (OHWM). The boundaries will be marked in the field with flags and the flags surveyed by others. The CONSULTANT team will follow Port Orchard Municipal Page 108 of 295 Page 24 of 51 Back to Agenda Bethel Road SCJ ALLIANCE July 28, 2022 CONSULTING SERVICES Page 10 of 21 Code (POMC) Chapter 20.162 (Critical Areas Regulations) in identifying and collecting data on the subject wetlands and streams. 3) Delineation: The area of investigation for wetland and stream delineations will be located within the existing ROWS. However, the CONSULTANT Team will investigate areas within 300 feet of the work area and coordinate with the CITY to obtain rights of entries where applicable. The CONSULTANT Team will conduct over the fence observations for potential wetland and stream habitat within 300 feet of the work area but outside of the ROWs in areas where entry is denied. Offsite wetlands and streams will be sketched and locations approximated in areas where entry is denied. 4) Habitat Conservation Areas: Document existing conditions at habitat conservation areas (HCA) that are within the project alignment. 5) Wetland and Stream Delineation Report: Prepare a wetland and stream delineation report that includes elements required by POMC. The report will identify the presence and/or absence of wetland and stream features; clearly describe the wetland category, stream type and buffer requirements. The report will also describe the HCAs within the project area. Figures will be prepared using the surveyed flag locations and project computer aided drafting (CAD) files, that will depict the wetland and stream boundaries, and buffers. In addition, the report will also include an impacts analysis that will look for temporary, permanent and cumulative impacts to critical areas and buffers. A draft report will be prepared and submitted for review and comment. After comments are discussed and incorporated, the final report can be submitted for planning and eventually permit processing. The impact analysis will be completed with coordination from the CONSULTANT team and CITY and once impacts and design has been completed, the needs for the next phase of the project will be evaluated. Once impacts have been identified, level of effort for future permitting needs will also be identified and can be scoped at a future date. Future permitting will include tasks such as preparation of NEPA documentation needed such as Environmental Justice analysis, Hazmat review, ESA consultation and wetland and stream mitigation planning. 4.2 NEPA Project Review 1) NEPA Review: Once preliminary design plans and the wetland and stream delineation have been completed, the CONSULTANT will review the requirements of the Documented Categorical Exclusion (DCE) and identify potential additional assessments and level of effort for analysis that will be needed for the project. Additional assessments could include Endangered Species Act (ESA) consultation, hazmat analysis, environmental justice analysis, and public outreach. These additional assessments and requirements will be scoped at a later phase of the project once design has been completed and a construction timeline is known. 2) WSDOT Coordination: We will work with Washington State Department of Transportation (WSDOT) and the CITY to identify project requirements related to NEPA permitting efforts. It is assumed that we will participate in one conference call with WSDOT, the CITY and project team. 3) WDFW Coordination: Coordinate a meeting with Fish and Wildlife/Department of Natural Resources, Suquamish Tribe, Corps of Engineers and WSDOT to discuss scope of potential stream/wetland impacts. It is assumed that we will participate in one conference call with these regulatory agencies. Page 109 of 295 Page 25 of 51 Back to Agenda Bethel Road SCJ ALLIANCE July 28, 2022 CONSULTING SERVICES Page 11 of 21 4.3 Permit Planning 1) Permit Matrix: Develop a permitting plan and matrix that depicts potential permits needed to complete the project as well as estimated timeline and permit triggers. 2) Agency Coordination: Coordination and conference calls will be needed to coordinate with regulatory agencies and discuss next project steps with the CITY and project team. Understanding • The City of Port Orchard will provide access to the project area for the wetland and stream delineation field efforts and coordinate any rights of entry as needed. • There will be no more than three wetlands identified and two streams. If additional wetlands or streams are identified, a change of scope may be required. • The CITY is not ready to submit for permits at this time and a permitting plan to identify next steps will be sufficient at this phase of the project. • A total of three conference call meetings will be needed to complete this task. Deliverables • Critical Areas Report in PDF format submitted via email. • Permitting plan and matrix in PDF format submitted via email Task 5 — Traffic Validation 5.1 Traffic Analysis 1) Data Review: Collect traffic counts and review transportation -related backup materials and the 2018 Corridor Plan. 2) Volume Forecasts: Review the City's traffic model and evaluate traffic volume forecasts: • Collect and review current traffic volume data. Compare to previous existing count volumes. • Collect and review current City traffic model existing and future volume plots. • Prepare post -processed AM and PM peak hour traffic volume assignments for interim horizon and long- range (20-year) horizon. • Develop graphics showing the existing and future traffic volumes for the primary intersections (Salmonberry Ave and Blueberry Ave). 3) Operational Analysis: Validate Corridor Plan build recommendations. Prepare intersection operational analysis for current year and opening year with existing control and geometry as well as the opening year and 20-year horizon with improvements. Prepare 20-year horizon intersection sensitivity analysis for alternate configurations. We will evaluate Salmonberry Avenue and Blueberry Avenue. 4) Technical Memorandum: Prepare a technical memorandum describing the traffic volume forecast and operational analysis performed. Page 110 of 295 Page 26 of 51 Back to Agenda SC.J ALLIANCE CONSULTING SERVICES Task 5 Understanding Bethel Road July 28, 2022 Page 12 of 21 ♦ Corridor Improvements are assumed to be the build recommendations in the 2018 Corridor Plan with access control improvements between Salmonberry Avenue and Blueberry Avenue. ♦ The CITY will provide traffic model plots to evaluate traffic volumes. ♦ Traffic Counts will be provided by the CITY. Task 5 Deliverables ♦ Traffic Forecasting and Operational Analysis Technical Memorandum submitted via email in PDF format. Task 6 — Roadway Design 6.1 Data Collection 1) Data Collection: Collect available CITY as -built plans. 2) Photographs: Walk the site and provide photo documentation. 6.2 Concept Validation 1) Concept Refinement: Refine roundabout concepts based on Task 5 — Traffic Validation, constructability, and potential environmental impacts. ♦ Prepare final concepts for roundabouts at Salmonberry Avenue and Blueberry Avenue. 2) Ramsey Concept: Refine Ramsey Road concept based on Task 5 —Traffic Validation, constructability, and potential environmental impacts. 3) Basis of Design Memorandum: Prepare a basis of design memorandum that outlines design decisions informing the final roundabout and roadway concepts. Memo will address: ♦ Traffic ♦ Traffic Control/Construction Sequencing ♦ Environmental Impacts 6.3 Roadway Layout 1) Horizontal Layout: ♦ Review concept centerlines for Bethel Road from Salmonberry Road to Sedgwick Road. ♦ Review and refine conceptual roundabout layouts at Salmonberry Road and Blueberry Road and the corridor connecting the two intersections. ♦ Define alignment data (bearing and curve data) for the centerline and define alignment data (station/offset and curve data) for medians, curbs, and edges of pavement. ♦ Develop typical sections for Bethel Road, Salmonberry Road, and Blueberry Road. 2) Vertical Layout: Page 111 of 295 Page 27 of 51 Back to Agenda SC.J ALLIANCE CONSULTING SERVICES ♦ Develop centerline profiles for Bethel Road, Salmonberry Road, and Blueberry Road. ♦ Develop curb return profiles for the Salmonberry Road and Blueberry Road intersections. ♦ Design ADA ramps (type selection and preliminary grades) at the intersections below. 6.4 Roundabout Geometric Design Documentation - Salmonberry 1) Geometric Documentation: Prepare formal geometric design drawings of the following: Bethel Road July 28, 2022 Page 13 of 21 ♦ Overall Layout Exhibit highlighting design features. ♦ Prepare a table summarizing the roundabout design details, including inscribed diameter, central island diameter, truck apron width, fastest path (radius and speed) for each approach, stopping and intersection sight distances for each approach, and super elevation of the circulating roadway. ♦ Travel Path Exhibits: Provide detailed drawings showing the travel paths for each movement. ♦ Sight Distance Exhibits: Provide detailed drawings showing stopping and intersection sight distance on each leg. ♦ AutoTurn Exhibits: Provide auto turn paths showing design vehicle movements. 2) Preliminary Lighting: Prepare preliminary lighting plans for the project limits. Includes lighting calculations using AG132 software. 3) Preliminary Signing: Prepare preliminary permanent signing plans. 4) Central Island Design: Prepare preliminary drawings of the central island landscaping. 6.5 Roundabout Geometric Design Documentation — Blueberry 1) Geometric Documentation: Prepare geometric design drawings of the following: ♦ Prepare a table summarizing the roundabout design details, including inscribed diameter, central island diameter, truck apron width, fastest path (radius and speed) for each approach, stopping and intersection sight distances for each approach, and super elevation of the circulating roadway. ♦ Travel Path Exhibits: Provide detailed drawings showing the travel paths for each movement. ♦ Sight Distance Exhibits: Provide detailed drawings showing stopping and intersection sight distance on each leg. ♦ Truck Turning Exhibits: Provide vehicle tracking paths showing design vehicle movements. Design vehicle coordination? Special Trucks? 2) Preliminary Lighting: Prepare preliminary lighting plans for the project limits. Includes lighting calculations using AG132 software. 3) Preliminary Signing: Prepare preliminary permanent signing plans. 4) Central Island Design: Prepare preliminary drawings of the central island landscaping. 6.6 Frontage Design 1) Frontage Design: Profile proposed back of sidewalk or edge of pavement for each impacted parcel on Bethel Road and intersection streets. Design each site to integrate proposed improvements with the existing conditions. Page 112 of 295 Page 28 of 51 Back to Agenda SC.J ALLIANCE CONSULTING SERVICES Bethel Road July 28, 2022 Page 14 of 21 2) Frontage Exhibits: Create a frontage conformance exhibit for each impacted parcel (up to 35 parcels). Each exhibit will include sufficient detail to show the public what the site will look like. The exhibits will include a site plan showing the roadway, sidewalk, existing structures, parking, landscaping, and retaining walls. The exhibits may include cross sections and profiles as necessary to demonstrate how the site will be graded. Each exhibit will be at a scale to fit attractively on 11x17 inch paper. 3) Submit frontage conformance exhibits to the CITY for review. Incorporate revision from one CITY review. 4) Review Workshop with CITY: Submit documents prepared under Subtasks 6.3, 6.4, 6.5, 6.6, 6.7 and 6.8 for City review one week prior to the review workshop. Conduct one (1) design review workshop in Port Orchard with the CITY Project Manager, the CONSULTANT Project Manager and up to two CONSULTANT staff to review work in progress. Revise work according to the design review workshop comments. 5) Technical Memorandum: Prepare a draft technical memorandum and submit to the CITY for review. Revise once per CITY comments. The final memorandum will be included in the Basis of Design Report. The memorandum will describe roadway design including the following information: ♦ Describe standards used to layout the roadway. Explain any variances from these standards. ♦ Discuss the features of the frontage designs. Attach frontage conformance exhibits and roundabout exhibits. 6.7 Channelization 1) Channelization: Review and revise conceptual channelization developed in the Bethel Road and Sedgwick Road Corridor Study. 2) Technical Memorandum: Prepare a traffic technical memorandum describing the basis for design for striping. The technical memorandum shall be included in the Basis for Design Report. Revise the memorandum once per CITY comments. 6.8 Environmental Clearances 1) Area of Potential Effect: Coordinate with the City and CONSULTANT team to prepare an exhibit showing the Area of Potential Effect (APE) to be used in the permitting process. 2) Site Visit: Conduct a site visit to evaluate the project considering anticipated NEPA/SEPA documentation and permitting requirements 3) WSDOT Meeting: Conduct meeting with WSDOT Local Programs to review project and identify potential discipline reports if future project actions/funding required NEPA documentation. 6.9 60% Plans Prepare the following plan types at 1"=20' scale (unless noted otherwise). The number of plan sheets per plan type is shown in parentheses. ♦ Cover Sheet (1 sheet) ♦ Alignment Plans (6 sheet) ♦ Typical Roadway Sections (1 sheet) ♦ Removal Plans (8 sheets) ♦ Temporary Erosion and Sediment Control Plans (6 sheets) ♦ Right -of -Way Plan (8 sheets) (scoped as part of a different task) Page 113 of 295 Page 29 of 51 Back to Agenda SC.J ALLIANCE CONSULTING SERVICES ♦ Roadway Plan and Profile Sheets (16 sheets) ♦ Stormwater Plans (10 sheets) (scoped as part of a different task) ♦ Sidewalk Ramp Details (6 sheets) ♦ Driveway Details (2 sheets) ♦ Paving Plans (8 sheets) ♦ Illumination Plans (6 sheets) (scoped as part of a different task) ♦ Signing and Pavement Marking Plans (6 sheets) ♦ Utility Removal/Relocation Plans (6 sheets) (scoped as part of a different task) ♦ Maintenance of Traffic/Staging Plans (12 sheets) 6.10 Specifications Bethel Road July 28, 2022 Page 15 of 21 1) Project Specifications: Generate a list of specifications needed for the construction documents with identification of non-standard items. 6.11 60% Cost Estimate 1) Cost Estimate ♦ Develop quantities based on the preliminary plans. Bluebeam will be used for quantity backups. ♦ Assign unit costs for quantified items and assign lump sum costs to other items based on professional judgment. ♦ Develop a 60% level construction estimate that includes a 20% contingency. 6.12 Basis for Design Report 1) Draft Basis for Design Report: Prepare an executive summary to describe work completed and decisions made in the 60% design task. Attach technical memorandums, 60% plans, and cost estimates. Submit to the CITY for review. 2) Final Basis for Design Report: Revise the report once per CITY comments. Task 6 Understanding ♦ The layout will follow the general layout from the Bethel Road and Sedgwick Road Corridor Study. ♦ The center and inscribed diameter of the roundabouts have been determined during the Bethel Road and Sedgwick Road Corridor Study project and will not require revisions. ♦ The project will utilize traffic modeling from the Bethel Road and Sedgwick Road Corridor Study project. We will also use this data as a part of the pavement design in Task 3. Additional modeling is not required. ♦ There will be an over the shoulder review by the CITY prior to the 60% package is delivered. Task 6 Deliverables ♦ 60% plans, specials, and Engineer's estimate in PDF submitted via email. ♦ Basis for Design Report in PDF submitted via email. ♦ AG132 data files submitted via email. ♦ AutoCAD files including Civil3D in DWG format submitted via email. Page 114 of 295 Page 30 of 51 Back to Agenda Bethel Road SCJ ALLIANCE July 28, 2022 CONSULTING SERVICES Page 16 of 21 Task 7 — Stormwater Design (Parametrix) This task consists of the sizing and design of stormwater Best Management Practices (BMPs) along the project corridor. The CONSULTANT team will develop a stormwater management plan and 60% stormwater plans and cost estimate in accordance with the 2019 Department of Ecology Stormwater Management Manual for Western Washington (SWMMWW), the 2012 Puget Sound Partnership Low Impact Development Technical Guidance Manual for Puget Sound, and the CITY design and construction standards. 7.1 Stormwater Management Plan 1) Project Basin Delineation: Delineate project basin boundaries, calculate existing and proposed hard surface areas and determine the applicable minimum requirements on a project -wide level. The CONSULTANT team will begin with the basin delineations assumed in the Bethel Road and Sedgwick Road Corridor Study design and refine as necessary. 2) Threshold Discharge Area (TDA) Delineation: Delineate TDA specific boundaries and determine whether any of the TDAs are exempted from minimum requirements. One set of 11"x17" TDA figures for the Project will be generated. 3) Preliminary BMP Sizing & Design: An approved hydrologic model per the CITY Public Works and Engineering Standards Table 7.2.1 will be used to perform preliminary sizing for BMPs. BMPs will be designed to meet applicable standards for all TDAs within the project. 4) Conveyance Sizing & Design: Conveyance sizing and design including inlet spacing will be performed in accordance with the City Public Works and Engineering Standards Section 7.2. The conveyance design will be based on the roadway surface model prepared by the CONSULTANT team. 5) Drainage Memorandum: Prepare a technical memorandum and submit for CITY review. Revise the memorandum once per CITY comments. The memorandum will include: ♦ Basin & TDA delineation data and figures ♦ Identification of the applicable minimum requirements and plan to meet those requirements ♦ Preliminary BMP sizing calculations and modeling output for flow control and treatment BMPs ♦ The 60% stormwater plans prepared under Subtask 7.2 ♦ Conveyance calculations ♦ Additional research needs for potholing and existing conveyance 7.2 60% Plans 1) Prepare the following plan types at 1"=20' scale (unless noted otherwise). The number of plan sheets per plan type is shown in parentheses. ♦ Conveyance Plan & Profile Sheets (8 sheets) ♦ Stormwater BMP Plan Sheets (2 sheets) ♦ Stormwater Details (2 sheets) 7.3 60% Cost Estimate 1) Cost Estimate: Provide support for cost estimate developed in Task 6 including quantities and unit costs for all stormwater items. Bluebeam will be used for quantity backups. Page 115 of 295 Page 31 of 51 Back to Agenda SC.J ALLIANCE CONSULTING SERVICES 7.4 Specifications Bethel Road July 28, 2022 Page 17 of 21 1) Project Specifications: Generate a list of specifications needed for the construction documents with identification of non-standard items. This list will be combined with the overall list of specifications. No standalone deliverables will be created. 7.5 Basis of Design 1) Draft Basis of Design Report: Provide documentation from Stormwater Management Plan to support the Basis of Design. 2) Final Basis of Design Report: Provide documentation from Stormwater Management Plan to support the Basis of Design. Task 7 Understanding ♦ Drainage design for the project is based on section 20.150.060 of the City of Port Orchard Municipal Code which lists the following adopted manuals: 2019 Department of Ecology Stormwater Management Manual for Western Washington (SWMMWW) 2012 Puget Sound Partnership Low Impact Development Technical Guidance Manual for Puget Sound ♦ Appendix 1 of the Western Washington Phase II Municipal Stormwater Permit; and ♦ CITY design and construction standards. ♦ No effort is included for alternatives analysis of stormwater BMPs. The CONSULTANT team will work with the CITY to understand preferences and use engineering judgement to design the most cost effective, space saving, and efficient BMPS for the project. ♦ City comments received on the Draft drainage memorandum, sizing calculations, and figures will be incorporated into the Final version of the drainage memorandum. ♦ A standalone cost estimate or basis of design document will not be prepared for the stormwater utilities. PDFs for quantity backups and a Microsoft Excel spreadsheet with unit costs and quantities for the construction items will be provided to incorporate as part of the overall Basis of Design. ♦ There will be an over the shoulder review by the CITY prior to the 60% package is delivered. One iteration of review comments will be addressed and revisions will be included in the 60% design package. ♦ Conveyance plan & profile sheets will be separate from the roadway profile sheets. ♦ A Stormwater Pollution Prevention Plan (SWPPP) will not be prepared under this scope of work. This will part of the Final Plans package and as a future phase of work. Task 7 Deliverables ♦ DRAFT Drainage Memorandum in Microsoft Word format submitted via email. ♦ FINAL Drainage Memorandum in PDF format submitted via email. ♦ CITY review comment response documentation sheet in PDF format submitted via email. ♦ Stormwater modeling files submitted via email. ♦ Quantity Backups in PDF format submitted via email to SCJ. ♦ Quantities and unit costs in Microsoft Excel format submitted via email to SCJ. Page 116 of 295 Page 32 of 51 Bethel Road SCJ ALLIANCE July 28, 2022 CONSULTING SERVICES Page 18 of 21 Task 8 — Utility and Illumination Design and Coordination (Parametrix) This Task consists of coordinating with the utility purveyors to obtain as -built information for existing utilities within the project limits, prepare a potholing plan, coordinate private utility relocation as necessary during the 60% design phase of the project, and develop 60% franchise utility removal/relocation (including undergrounding of power distribution lines and associated telecommunications lines) plans for Bethel Road. 8.1 Utility Coordination 1) Utility Mapping: a) Set up an initial utility coordination meeting during the 60% design phase. This meeting will introduce the project to all utility purveyors within the project limits, allow the team to obtain system maps and as -built drawings, and inform utilities of the project schedule. In addition, the CONSULTANT team will compare the as -built information to the survey base map from Task 2, visible appurtenances, and available GIS information to verify mapping completeness. b) The CONSULTANT team will identify mapping discrepancies with the CITY and utility providers. Utility Conflict Technical Memorandum: c) During this design phase, the CONSULTANT team will identify potential private utility impacts. From there a potholing plan will be prepared to determine which underground utilities require additional information to determine if a true conflict between the existing utility and proposed improvements exists. d) A utility conflict technical memorandum that summarizes the known and potential utility conflicts based on the 60% design for will be submitted for CITY review. e) The CONSULTANT team will revise the memorandum once per CITY comments. Utility Purveyor Coordination: f) This will include up to five (5) video conference call meetings with affected utilities that will take one (1) hour each and be attended by up to one (1) employee. g) The CONSULTANT team will maintain a utility coordination matrix documenting communication with all utilities within the project limits. h) Information obtained from utility purveyor coordination will be included in the utility conflict technical memorandum and used in the development of franchise utility removal/relocation Plans. 8.2 Illumination Design 1) Illumination design will meet the requirements of City of Port Orchard Public Works Engineering Standards (2019), Section 5.6. Per Section 5.6: a) The corridor will include continuous illumination where channelization accommodates additional lanes (including tapers) and at each intersection. Bethel Road is an arterial. b) The street lighting system(s) will conform to the lighting standards noted in Section 5.6.D and supplemented by IES RP-8-00 lighting standards for situations not covered in Section 5.6.D. c) The street lighting system(s) will be installed, owned and maintained by Puget Sound Energy (PSE). d) Fixtures, arms and poles will be as noted in Section 5.6.D.3. Page 117 of 295 Page 33 of 51 Back to Agenda SC.J ALLIANCE CONSULTING SERVICES Bethel Road July 28, 2022 Page 19 of 21 The illumination system(s) will be designed and analyzed for compliance using AGi32 software and .ies files obtained from PSE. Illumination design will include line -loss calculations and preliminary conduit sizing. Design areas for illumination will include roadways (where noted in Section 5.6), intersections and roundabouts. The limits of design areas will be based on the exhibits within WSDOT Design Manual Chapter 1040. The new illumination system(s) will generally replace existing PSE utility mounted fixtures. Since RP-8-00 and City Engineering Section 5.6.D do not cover roundabout illuminance and uniformity, IES RP-8-18 will be used for determining recommended values for roundabout design areas. Design Plans (60%) will be used for purposes of coordination with PSE and establishing a layout that meets City illumination requirements. 8.3 60% Plans 1) Prepare the following plan types at 1"=20' scale (unless noted otherwise). The number of plan sheets per plan type is shown in parentheses. ♦ Illumination Plans (6 sheets) ♦ Franchise Utility Removal/Relocation Plans (6 sheets) 8.4 60% Cost Estimate 1) Cost Estimate: Provide support for cost estimate developed in Task 6 including quantities and unit costs for all utility and illumination items. Bluebeam will be used for quantity backups. 8.5 Specifications 1) Project Specifications: Generate a list of specifications needed for the construction documents with identification of non-standard items. This list will be combined with the overall list of specifications prepared by SCJ. No standalone deliverables will be created. 8.6 Basis of Design 1) Draft Basis of Design Report: Provide utility and illumination documentation to support the Basis of Design. 2) Final Basis of Design Report: Provide utility and illumination documentation to support the Basis of Design. Task 8 Understanding ♦ CITY will provide CITY owned utility as-builts as available. ♦ Physical potholing of existing utilities will be completed at the 90% design stage. ♦ The utility coordination kickoff meeting described in Task 8.1.1 will be attended by up to two (2) staff and will require a total of two (2) hours. The utility coordination kickoff meeting will be held via video conference. A formal agenda and meeting notes will be prepared for this meeting. ♦ The utility purveyor coordination meetings described in Task 8.1.3 will be attended by up to one (1) staff member and require a total of one (1) hour each. These meetings will be held via video conference. A formal agenda and meeting notes will be prepared for this meeting. ♦ Any agreements required to complete utility coordination or relocation work will be prepared by and coordinated by the City Page 118 of 295 Page 34 of 51 Back to Agenda SC.J ALLIANCE CONSULTING SERVICES Bethel Road July 28, 2022 Page 20 of 21 ♦ It is assumed that franchise Schedule 74 utility removal/relocation (undergrounding) will include all existing overhead franchise utilities except for the transmission lines. Limits will be from North of Salmonberry to somewhere between Sedgewick and Blueberry. For 60%, franchise utility undergrounding Plans will be limited to defining franchise utilities and City involvement, defining a typical cross section of the joint utility trench and lateral trenches, and identifying the general schematic location of the trench(es) on the Plans. No special provisions for franchise utility undergrounding will be submitted at 60%. ♦ Small wireless facility (5G) infrastructure will be assessed at the 60% design stage for potential incorporation in the design of the illumination system at 90%. Task 8 Deliverables ♦ DRAFT Utility Conflict Technical Memorandum in PDF format submitted via email. ♦ FINAL Utility Conflict Technical Memorandum in PDF format submitted via email. ♦ Potholing plan in PDF format submitted via email. ♦ Utility Coordination matrix in Microsoft Excel format submitted via email. ♦ Meeting agendas and notes in Microsoft Word format submitted via email. ♦ A draft illumination memorandum in PDF format outlining illumination design and AG132 data files submitted via email. ♦ AutoCAD files including Civil3D in DWG format submitted via email. Note: Illumination and utility removal/relocation Plans, special provisions, and estimate deliverables are included in Task 6 of this scope of work. Task 9 — Public Involvement 9.1 Public Involvement 1) Property Owner Meetings: Support the City with up to two focus meetings, one for each roundabout. Prepare one exhibit for each roundabout showing the project footprint overlayed on an aerial image. Prepare notes from the meeting to document key decisions and/or action items. 2) Council Meeting Support: Support the City with up to three council meetings (two Transportation Committee meetings and one Council Study session). Prepare exhibits for presentation. Task 9 Understanding ♦ The City will coordinate and arrange meetings and the CONSULTANT team will support. Task 9 Understanding ♦ Meetings summaries for focus meetings and public information meetings submitted in PDF via email. Task 10 — Preliminary Right -of -Way Review (Tierra) This task involves preparing draft right of way funding estimates for providing right-of-way acquisition consultation as the design is developed. Page 119 of 295 Page 35 of 51 Back to Agenda SC.J ALLIANCE CONSULTING SERVICES Bethel Road July 28, 2022 Page 21 of 21 10.1 Right of Way Funding Estimate 1) Review site use and impacts for each parcel with right-of-way acquisition, up to 35 parcels. Develop a right of way funding estimate for right-of-way and temporary construction easements needed for the project. 10.1.1 Public Outreach Support 1) Attend up to two focus group meetings with impacted property owners. Task 10 Understanding Task 10 Deliverables ♦ Right of Way Funding Estimates in PDF submitted via email. END OF PROPOSAL Page 120 of 295 Page 36 of 51 Back to Agenda EXHIBIT B Rates for Services to be Provided bV Consultant. The Consultant shall furnish the services in accordance with the rates specified below as Exhibit B. City of Port Orchard and Shea Carr & Jewel, Inc dba SCJAlliance Public Works Project No.PW2021-002 Professional Service Agreement Contract No. C083-22 Updated 4/2022 IBDR Page 121 of 295 Page 37 of 51 Exhibit B Consultant Fee Determination Summary Estimate for 2022 SCJ Alliance Client: City of Port Orchard Project: Bethel Road Job #: 21-P00836 File Name: Port Orchard Bethel Road 2022 Work Labor Estimate 2022-0607.xism Consultant Fee Determination DIRECT SALARY COST Classification Hours Fully Burdened Rate Principal 49.0 $286.00 PM3 Project Manager 154.0 $184.00 E3 Engineer 250.0 $127.00 Senior Technician 332.0 $149.00 PM1 Project Manager 0.0 $149.00 Senior Planner 40.0 $154.00 T1 Technician 36.0 $100.00 SC..J ALLIANCE Template Version: 4/4/2022 Contract Type: Billing Rate Schedule Amount $14,014.00 $28,336.00 $31,750.00 $49,468.00 $0.00 $6,160.00 $3,600.00 TOTAL SALARY COST Total Salary Cost $133,328.00 SUBCONSULTANTS Parametrix PHASE 02 Topographic Survey & Right of Way $98,332 Olson PHASE 03 Geotechnical Exploration (Olson) $34,582 GeoEngineers PHASE 04 Permitting Scoping and Environmer $27,471 Parametrix PHASE 07 Stormwater Design (Parametrix) $30,972 Parametrix PHASE 08 Utility and Illumination Design and I Tierra PHASE 10 Preliminary Right of Way Review (Ti Subconsultant Fee Subtotal: $0 $191,357.10 Subconsultant Markup: 10% $19,135.71 REIMBURSABLE EXPENSES Copies, Printing, etc. 0.5% of the Total Salary Costs $666.64 Mileage 500 miles at $0.650 per mile $325.00 Expenses Subtotal: $991.64 Expenses Markup: 0% $0.00 SUBTOTAL (SALARY, SUBCONSULTANTS AND EXPENSES) Subtotal (Salary, Subconsultants and Expenses) $344,812.45 MANAGEMENT RESERVE FUND (MRF) Management Reserve: $0 $0.00 Total Estimated Budget: $344,812.45 Page 122 of 295 Page 38 of 51 6/23/2022 Page 1 Consultant Labor Hour Estimate SO Alliance Client: City of Port Orchard Template version: 4/4/2022 Project: Bethel Road Contract Type: Billing Rate Schedule Job x: 21-POO836 File Name: Port Orchard Bethel Road 2022 Work Labor Estimate 2022-0607.xism 'Back to Agenall i� i SCJ ALLIANCE Scott Sawyer Patrick Holm Sam Dunn Mreuch Trent Ryan Shea Eva Ordonez W Grathaatt Total Direct Phase & Phase &Task Title Principal PM3 Project E3 Engineer Senior PMl Project Senior T3 Labor Hours & Task No. Manager Technician Manager Planner Technician Cost PHASE O1 Project Management Task 01 Project Planning 1 Prepare a project management plan 1.0 4.0 4.0 9.0 Subtotal Hours: 1.0 4.0 4.0 9.0 Task 02 Management 1 Manage the project by directing a nd su pervising staff a nd reviewing work. 6.0 40.0 46.0 2 Develop critical path project schedule to match scope of work. 4.0 4.0 3 Provide monthly billings 4.0 9.0 13.0 Subtotal Hours: 6.0 48.0 9.0 63.0 Task 03 Administration 1 Monthly progress reports 4.0 4.0 2 Progress Billings 1.0 4.0 9.0 14.0 3 Filing 9.0 9.0 4 Subconsultant administration 9.0 9.0 Subtotal Hours: 1.0 8.0 27.0 36.0 Task 04 Project Meetings 1 Weekly confrerence calls 4.0 18.0 22.0 Subtotal Hours: 4.0 18.0 22.0 Task 05 Quality Assurance/Quality Control Total Phase Hours: 42.0 78.0 4.0 36.0 160.0 Total Phase Direct Labor: $12,012.00 $14,352.00 $508.00 $3,600.00 $30,472.00 PHASE 02 Topographic Survey & Right of Way Mapping (Parametrix) Task 01 Task Title 1 Su btask Title Subtotal Hours: Task 01 Geotechnical Exploration (Olson) 1 Subtask Title Subtotal Hours: Total Phase Hours: Total Phase Direct Labor: PHASE 04 Permitting Scoping and Environmental Evaluation (GeoEngineers) Task 01 Permitting Scoping and Environmental Evaluation (GeoEngineers) 1 Subtask Title Subtotal Hours: Total Phase Hours: Total Phase Direct Labor: PHASE 05 Traffic Validation Page 123 of 295 Page 39 of 51 1 of4 6/7/2022 Consultant Labor Hour Estimate SO Alliance Client: City of Port Orchard Project: Bethel Road Job a: 21-POO836 File Name: Port Orchard Bethel Road 2022 Work Labor Estimate 2022-0607.xism Template version: 4/4/2022 Contract Type: Billing Rate Schedule 'Back to Agenall i� i SCJ ALLIANCE Scott Sawyer Patrick Holm Sam Dunn Matt Ryan Shea Eva Ordonez W h GTrent Total Direct Phase & Phase & Task Title Principal PM3 Project E3 Engineer Senior PM1 Project Senior T3 Labor Hours & Task No. Manager Technician Manager Planner Technician Cost Task 01 Traffic Analysis 1 Data review 2.0 2.0 2 Volume Forecasts 10.0 10.0 3 Operational Analysis 14.0 14.0 4 Prepare Technical Memorandum 1.0 2.0 14.0 17.0 Subtotal Hours: 1.0 2.0 40.0 43.0 Total Phase Hours:1 1.0 2.0 40.0 43.0 Total Phase Direct Labor: $286.00 $368.00 $6,160.00 $6,814.00 PHASE 06 Roadway Design Task 01 Data Collection 1 Data Collection 2.0 2.0 2 Photographs 4.0 4.0 4.0 12.0 Subtotal Hours: 4.0 6.0 4.0 14.0 1 Concept Refinement 2.0 4.0 32.0 38.0 2 Ramsey Concept 4.0 8.0 32.0 44.0 3 Basis of Design Memorandum 2.0 8.0 8.0 18.0 Subtotal Hours: 2.0 10.0 16.0 72.0 100.0 68.0 124.0 192.0 1 2 Geometric Documentation Preliminary Lighting Preliminary Signing Central Island Design 4.0 24.0 40.0 68.0 3 4 Subtotal Hours: 4.0 24.0 40.0 68.0 Task 05 Roundabout Geometric Design Documentation - Blueberry 1 Geometric Documentation 4.0 24.0 40.0 68.0 2 Preliminary Lighting 3 Preliminary Signing 4 Central Island Design Subtotal Hours: 4.0 24.0 40.0 68.0 Task 06 Frontage Design 1 Frontage design 4.0 24.0 24.0 52.0 2 Frontage exhibits 2.0 2.0 3 Review workshop with City 4.0 4.0 4.0 12.0 4 Technical Memorandum 2.0 8.0 4.0 14.0 Subtotal Hours: 12.0 36.0 32.0 80.0 Task 07 Channelization 1 Channelization 2.0 8.0 16.0 26.0 2 Technical Memorandum 2.0 8.0 10.0 Subtotal Hours: 4.0 16.0 16.0 36.0 Task 08 Environmental Clearances 1 Area of Potential Effect 2.0 4.0 Page 124 of 295 2 & 4 6.0 Page 40 of 51 6/2R0�2 Consultant Labor Hour Estimate SO Alliance Client: City of Port Orchard Template version: 4/4/2022 Project: Bethel Road Contract Type: Billing Rate Schedule Job x: 21-POO836 File Name: Port Orchard Bethel Road 2022 Work Labor Estimate 2022-0607.xism 'Back to Agenall i� i SCJ ALLIANCE Scott Sawyer Patrick Holm Sam Dunn Matt Trent Ryan Shea Eva Ordonez W y amh Gretham Total Direct Phase & Phase & Task Title Principal PM3 Project E3 Engineer Senior PM1 Project Senior T3 Labor Hours & Task No. Manager Technician Manager Planner Technician Cost 2 Site visit 4.0 4.0 3 WSDOTMeeting 2.0 2.0 4.0 Subtotal Hours: 2.0 8.0 4.0 14.0 Task 09 60% plans 1 60% plans x cover sheet (1 sheet) x Alignment Plans (6 sheets) x Typical Roadway sections (1 Sheet) x Removal Plans (8 Sheets) x TESC Plans (6 Sheets) x Roadway Plan and Profile (16 Sheets) x Sidewalk Ramp Details (6 Sheets) x Driveway Details (2 Sheets) x Paving Plans (8 Sheets) x Signing and Pavement Marking Plans (6 Sheets) x Maintenance of Traffic/Staging Plans (12 Sheets) Subtotal Hours: Task 30 Specifications 1 Project Specifications Subtotal Hours: Task 11 60% Cost Estimate 1 60% Cost Estimate 4.0 24.0 24.0 52.0 Subtotal Hours: 4.0 24.0 24.0 52.0 Task 12 Basis for Design Report 1 Draft Basis for Design Report 2 Final Basis for Design Report Subtotal Hours: Task 01 Stormwater Design (Parametrix) 1 Subtask Title Subtotal Hours: Total Phase Hours: Total Phase Direct Labor: PHASE 08 Utility and Illumination Design and Coordination (Parametrix) Task 01 Utility and Illumination Design and Coordination (Parametrix) 1 Subtask Title Subtotal Hours: Task 01 Public Involvement 1 Property Owner Meetings 2 Council Meeting Support 2.0 16.0 8.0 8.0 34.0 Page 125 of 295 Page 41 of 51 3.f4 6/)/2022 Consultant Labor Hour Estimate SO Alliance Client: City of Port Orchard Project: Bethel Road Job a: 21-POO836 File Name: Port Orchard Bethel Road 2022 Work Labor Estimate 2022-0607.xism Template version: 4/4/2022 Contract Type: Billing Rate Schedule 'Back to Agenall i� i SCJ ALLIANCE Scott sawyer Patrick Holm Sam Dunn Matt Trent Ryan Shea Eva Ordonez W y amh Gretham Total Direct Phase & Phase & Task Title Principal PM3 Project E3 Engineer Senior PM1 Project Senior T1 Labor Hours & Task No. Manager Technician Manager Planner Technician Cost Subtotal Hours: 2.0 16.0 8.0 8.0 34.0 Total Phase Hours: 1 2.0 16.0 8.0 8.0 34.0 Total Phase Direct Labor: $572.00 $2,944.00 $1,016.00 $1,192.00 $5,724.00 PHASE 10 Preliminary Right of Way Review (Tierra) Task 01 Preliminary Right of Way Review (Tierra) 1 Subtask Title Subtotal Hours: Total Phase Hours: Total Phase Direct Labor: Total Hours All Phasesl 49.0 154.0 250.0 332.0 40.0 36.0 861.0 Total Direct Labor Estimate All Phases $14,014.00 $28,336.00 $31,750.00 $49,468.00 $6,160.00 $3,600.00 $133,328.00 Page 126 of 295 Page 42 of 51 4 & 4 6/7/2022 PHASE SUMMARY TABLE SCJ ALLIANCE Bethel Road Project#: 21-P00836 Phase # Phase Title SCJ Hours SCJ Direct Labor Total Cost PHASE 01 Project Management 160.0 $30,472 $30,472 PHASE 05 Traffic Validation 43.0 $6,814 $6,814 PHASE 06 Roadway Design 624.0 $90,318 $90,318 PHASE 09 Public Involvement 34.0 $5,724 $5,724 Subtotal 861.0 $133,328.00 $133,328.00 PHASE 02 Parametrix $98,332 PHASE 03 Olson $34,582 PHASE 04 GeoEngineers $27,471 PHASE 07 Parametrix $30,972 Subconsultant Markup: $19,136 Subtotal $210,492.81 Phase 99 Reimbursable Reimbursable Expenses Expenses $992 Reimbursable Markup: $0 Subtotal $991.64 Phase 98 $0 Total $344,812.45 Page 127 of 295 Page 43 of 51 Consultant Fee Determination Summary Estimate for 2023 SCJ Alliance Client: City of Port Orchard Project: Bethel Road Job #: 21-P00836 File Name: Port Orchard Bethel Road 2023 Work Labor Estimate 2022-0607.xism Consultant Fee Determination DIRECT SALARY COST Classification Hours Fully Burdened Rate Principal 29.0 $286.00 PM3 Project Manager 129.0 $184.00 E3 Engineer 220.0 $127.00 Senior Technician 270.0 $149.00 PM1 Project Manager 48.0 $149.00 Senior Planner 0.0 $154.00 T1 Technician 36.0 $100.00 TOTAL SALARY COST SUBCONSULTANTS Parametrix Olson GeoEngineers Parametrix Parametrix Tierra REIMBURSABLE EXPENSES PHASE 02 PHASE 03 PHASE 04 PHASE 07 PHASE 08 PHASE 10 Subconsultant Fee Subtotal: Subconsultant Markup: SC..J ALLIANCE Template Version: 4/4/2022 Contract Type: Billing Rate Schedule Amount $8,294.00 $23,736.00 $27,940.00 $40,230.00 $7,152.00 $0.00 $3,600.00 Total Salary Cost $110,952.00 Topographic Survey & Right of Way $37,614 eo cal Exploration (Olson) Permitting g Scoping and Environmer Stormwater Design (Parametrix) $38,881 Utility and Illumination Design and 1 $37,019 Preliminary Right of Way Review (Ti $38,598 $0 $152,112.04 10% $15,211.20 Copies, Printing, etc. 0.5% of the Total Salary Costs $554.76 Mileage 1,000 miles at $0.650 per mile $650.00 Expenses Subtotal: $1,204.76 Expenses Markup: 0% $0.00 SUBTOTAL (SALARY, SUBCONSULTANTS AND EXPENSES) Subtotal (Salary, Subconsultants and Expenses) $279,480.00 MANAGEMENT RESERVE FUND (MRF) Management Reserve: $0 $0.00 Total Estimated Budget: $279,480.00 Page 128 of 295 Page 44 of 51 6/7/2022 Page 1 Consultant Labor Hour Estimate SO Alliance Client: City of Port Orchard Template version: 4/4/2022 Project: Bethel Road Contract Type: Billing Rate Schedule Job x: 21-POO836 File Name: Port Orchard Bethel Road 2023 Work Labor Estimate 2022-0607.xism 'Back to Agenall i� i SCJ ALLIANCE Scott Sawyer Patrick Holm Sam Dunn Mreuch Trent Ryan Shea Eva Ordonez W Grathaatt Total Direct Phase & Phase &Task Title Principal PM3 Project E3 Engineer Senior PM1 Project Senior T3 Labor Hours & Task No. Manager Technician Manager Planner Technician Cost PHASE O1 Project Management Task 01 Project Planning 1 Prepare a project management plan 1.0 4.0 4.0 9.0 Subtotal Hours: 1.0 4.0 4.0 9.0 Task 02 Management 1 Manage the project by directing a nd su pervising staff a nd reviewing work. 6.0 30.0 36.0 2 Develop critical path project schedule to match scope of work. 4.0 4.0 3 Provide monthly billings 4.0 9.0 13.0 Subtotal Hours: 6.0 38.0 9.0 53.0 Task 03 Administration 1 Monthly progress reports 4.0 4.0 2 Progress Billings 1.0 4.0 9.0 14.0 3 Filing 9.0 9.0 4 Subconsultant administration 9.0 9.0 Subtotal Hours: 1.0 8.0 27.0 36.0 Task 04 Project Meetings 1 Weekly confrerence calls 4.0 18.0 22.0 Subtotal Hours: 4.0 18.0 22.0 Task 05 Quality Assurance/Quality Control Total Phase Houml 27.0 68.0 4.0 36.0 135.0 Total Phase Direct Labor: $7,722.00 $12,512.00 $508.00 $3,600.00 $24,342.00 PHASE 02 Topographic Survey & Right of Way Mapping (Parametrix) i Task 01 Task Title 1 Su btask Title Subtotal Hours: Task 01 Geotechnical Exploration (Olson) 1 Subtask Title Subtotal Hours: Total Phase Hours: Total Phase Direct Labor: PHASE 04 Permitting Scoping and Environmental Evaluation (GeoEngineers) Task 01 Permitting Scoping and Environmental Evaluation (GeoEngineers) 1 Subtask Title Subtotal Hours: Page 129 of 295 Page 45 of 51 1 of 4 b/7/2022 Consultant Labor Hour Estimate SO Alliance Client: City of Port Orchard Project: Bethel Road Job a: 21-POO836 File Name: Port Orchard Bethel Road 2023 Work Labor Estimate 2022-0607.xism Template version: 4/4/2022 Contract Type: Billing Rate Schedule 'Back to Agenall i� i SCJ ALLIANCE Scott Sawyer Patrick Holm Sam Dunn Matt Ryan Shea Eva Ordonez W h GTrent Total Direct Phase & Phase & Task Title Principal PM3 Project E3 Engineer Senior PM1 Project Senior T3 Labor Hours & Task No. Manager Technician Manager Planner Technician Cost Task 01 Traffic Analysis 1 Data review 2 Volume Forecasts 3 Operational Analysis 4 Prepare Technical Memorandum Subtotal Hours: PHASE 06 Roadwav Desien Task 01 Data Collection Task 02 Concept Validation 1 Concept Refinement 2 Basis of Design Memorandum Subtotal Hours: Task 03 Roadway Layout Task 04 Roundabout Geometric Design Documentation - Salmonberry 1 Geometric Documentation 2 Preliminary Lighting 2.0 12.0 14.0 3 Preliminary Signing Central Island Design 2.0 12.0 14.0 4 2.0 24.0 26.0 Subtotal Hours: 6.0 24.0 24.0 54.0 Task 05 Roundabout Geometric Design Documentation - Blueberry 1 Geometric Documentation Preliminary Lighting Preliminary Signing Central Island Design 2 2.0 12.0 14.0 3 2.0 12.0 14.0 4 2.0 24.0 26.0 Subtotal Hours: 6.0 24.0 24.0 54.0 Task 06 Frontage Design 1 Frontage design 2 Frontage exhibits 3 Review workshop with City 4 Technical Memorandum Subtotal Hours: Task 07 Channelization 1 Channelization 2 Technical Men Task 08 Environmental Clearances 1 Area of Potential Effect 2 Site visit Subtotal Hours: Page 130 of 295 Page 46 of 51 2 & 4 6/7/2022 Consultant Labor Hour Estimate SO Alliance Client: City of Port Orchard Project: Bethel Road Job a: 21-POO836 File Name: port Orchard Bethel Road 2023 Work Labor Estimate 2022-0607.xism Template version: 4/4/2022 Contract Type: Billing Rate Schedule 'Back to Agenall i� i SCJ ALLIANCE att Trent Sam Dunn I W M auch I Gretham I Ryan Shea Eva Ordonez Phase & Phase &Task Title Principal E3 Engineer PM3 Project Senior PMl Project Senior T3 Total Direct Task No. Manager Technician Manager Planner Technician Labor Hours & Cost 3 WSDOT Meeting Subtotal Hours: Task 09 60% plans 1 60% plans X cover sheet (1 sheet) 1.0 2.0 3.0 X Alignment Plans (6 sheets) 1.0 8.0 8.0 17.0 X Typical Roadway sections (1 Sheet) 1.0 4.0 4.0 9.0 X Removal Plans (8 Sheets) 1.0 8.0 16.0 25.0 X TESC Plans (6 Sheets) 1.0 8.0 8.0 17.0 x Roadway Plan and Profile (16 Sheets) 4.0 40.0 40.0 84.0 X Sidewalk Ramp Details (6 Sheets) 4.0 24.0 24.0 52.0 x Driveway Details (2 Sheets) 2.0 12.0 16.0 30.0 X Paving Plans (8 Sheets) 4.0 8.0 16.0 28.0 X Signing and Pavement Marking Plans (6 Sheets) 2.0 8.0 16.0 26.0 x Maintenance of Traffic/Staging Plans (12 Sheets) 4.0 40.0 40.0 84.0 Subtotal Hours: 25.0 160.0 190.0 375.0 Task 10 Specifications 1 Project Specifications 4.0 4.0 8.0 Subtotal Hours: 4.0 4.0 8.0 Task 11 60% Cost Estimate 1 60% Cost Estimate Subtotal Hours: Task 12 Basis for Design Report Total Phase Houml 53.0 200.0 254.0 48.0 555.0 Total Phase Direct Labor: $9,752.00 $25,400.00 $37,846.00 $7,152.00 $80,150.00 PHASE 07 Stormwater Design (Parametrix) Task 01 Stormwater Design (Parametrix) 1 Su btask Title Subtotal Hours: Total Phase Hours: Total Phase Direct Labor: PHASE 08 Utility and Illumination Design and Coordination (Parametrix) Task 01 Utility and Illumination Design and Coordination (Parametrix) 1 Subtask Title Subtotal Hours: Total Phase Hours: Total Phase Direct Labor: PHASE 09 Public Involvement Task 01 Public Involvement 1 Property Owner Meetings 2.0 8.0 16.0 16.0 42.0 2 Council Meeting Support Subtotal Hours:l 2.0 8.0 16.0 16.0 142.0 Page 131 of 295 Page 47 of 51 3 of 4 6/7/2022 Consultant Labor Hour Estimate SO Alliance Client: City of Port Orchard Project: Bethel Road Job a: 21-POO836 File Name: Port Orchard Bethel Road 2023 Work Labor Estimate 2022-0607.xism Template version: 4/4/2022 Contract Type: Billing Rate Schedule 'Back to Agenall i� i SCJ ALLIANCE Scott Sawyer Patrick Holm Sam Dunn Mreuch Trent Ryan Shea Eva Ordonez W Gatt Total Direct Phase & Phase & Task Title Principal PM3 Project E3 Engineer Senior PM1 Project Senior T3 Labor Hours & Task No. Manager Technician Manager Planner Technician Cost Total Phase Hours: 2.0 8.0 16.0 16.0 42.0 Total Phase Direct Labor: $572.00 $1,472.00 $2,032.00 $2,384.00 $6,460.00 PHASE 10 Preliminary Right of Way Review (Tierra) Task 01 Preliminary Right of Way Review (Tierra) 1 Subtask Title Subtotal Hours: Total Phase Hours: Total Phase Direct Labor: Total Hours All Phases) 29.0 129.0 220.0 270.0 48.0 36.0 732.0 Total Direct Labor Estimate All Phases $8,294.00 $23,736.00 $27,940.00 $40,230.00 $7,152.00 $3,600.00 $110,952.00 Page 132 of 295 Page 48 of 51 4 of 4 6,17,12022 PHASE SUMMARY TABLE SCJ ALLIANCE Bethel Road Project#: 21-P00836 Phase # Phase Title SO Hours SG Direct Labor Total Cost PHASE 01 Project Management 135.0 $24,342 $24,342 PHASE 06 Roadway Design 555.0 $80,150 $80,150 PHASE 09 Public Involvement 42.0 $6,460 $6,460 Subtotal 732.0 $110,952.00 $110,952.00 PHASE 02 Parametrix $37,614 PHASE 07 Parametrix $38,881 PHASE 08 Parametrix $37,019 PHASE 10 Tierra $38,598 Subconsultant Markup: $15,211 Subtotal $167,323.24 MONK Phase 99 - Reimbursable Expenses $1,205 Reimbursable Markup: $0 Subtotal $1,204.76 Phase 98 Management Reserve Fund (MRF) $0 Total $279,480.00 Page 133 of 295 Page 49 of 51 Back to Agenda 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; City of Port Orchard and Shea Carr & Jewel, Inc dba SCJAlliance Public Works Project No.PW2021-002 Professional Service Agreement Contract No. C083-22 Updated 4/2022 IBDR Page 134 of 295 Page 50 of 51 Back to Agenda • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to -ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). City of Port Orchard and Shea Carr & Jewel, Inc dba SCJAlliance Public Works Project No.PW2021-002 Professional Service Agreement Contract No. C083-22 Updated 4/2022 IBDR Page 135 of 295 Page 51 of 51 Agenda Item No City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Business Item 8F Meeting Date: Subject: Adoption of a Resolution Approving a Contract with K&K Construction, LLC for the DCD Building Repairs South Face Project Prepared by: Atty Routing No: Atty Review Date: Back to Agenda August 9, 2022 K. Chris Hammer, PE, PMP Interim Public Works Director/City Engineer 366922-0009 — PW August 3, 2022 Summary: The City identified the need for building repairs on the south face of the Department of Community Development (DCD) building located at 720 Prospect St. By this Resolution, the City Council would authorize the Mayor to execute a contract with K & K Construction LLC for the DCD Building Repairs South Face Project ("Project"). To select K & K Construction, LLC for this Project, on July 12, 2022, Public Works staff established a list of qualified contractors from the 2022 MRSC Small Works Roster for the Main Category — Facility Construction, Repair and Maintenance, and Sub -Category — Doors -Pedestrian Automatic and Manual, Painting -Exterior Siding. A copy of that list of qualified contractors created by staff is attached to the Resolution as Exhibit A. On July 13, 2022, and pursuant to the City's Procurement Policies adopted by Resolution No. 036-22, as amended (see Section 5 — Bid Procedures), the City's Public Works Department issued an email Invitation to Bid to for the Project to all the contractors on the on the selected roster. Three (3) bids were received by the July 28, 2022, 12:00pm deadline, at which time staff determined K & K Construction LLC was the presumed responsive and qualified low bidder. Final bid amounts were as follows: Name of Contractor Bid Total In Time Renovations LLC $28,905.24 K & K Construction LLC $23,680.02 Westmark Construction $47,665.80 On August 1, 2022, the City's Public Works Department Staff completed the MRSC Mandatory Bidder Responsibility Checklist and determined that the K & K Construction LLC bid of $23,680.02 (applicable tax included) was the lowest responsive and responsible qualified bid. The Public Works Department has confirmed that the bidding procedures for Public Works have been followed. This project was not budgeted in the 2021-2022 Budget, The Public Works Department seeks Council approval for this repair project. Recommendation: Staff recommends that the City Council adopt Resolution No. 067-22, authorizing the Mayor to execute Contract No. C091-22 with K & K Construction LLC, Inc for the DCD Building Repairs South Face Project in the amount of $23,680.02. Page 136 of 295 Back to Agenda Starr Keport 8F Page 2of2 Relationship to Comprehensive Plan: Chapter 9-Capital Facilities Motion for Consideration: I move to adopt Resolution No. 067-22, authorizing the Mayor to execute Contract No. C091-22 with K & K Construction LLC for the DCD Building Repairs South Face Project in the amount of $23,680.02. Fiscal Impact: This project is not budgeted in the 2021-2022 Budget. A budget amendment may be required. Alternatives: Do not authorize and provide alternative guidance. Attachments: Resolution No. 067-22 Ex. A — MRSC Roster Ex. B - Small Works Contract No. C091-22 Page 137 of 295 Back to Agenda RESOLUTION NO. 067-22 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING SMALL WORKS CONTRACT NO. C091-22 WITH K & K CONSTRUCTION, LLC FOR THE DCD BUILDING REPAIRS, SOUTH FACE PROJECT, AND DOCUMENTING THE SMALL PUBLIC WORKS ROSTER PROCUREMENT PROCEDURES. WHEREAS, the City identified the need for building repairs on the south face of the Department of Community Development (DCD) building located at 720 Prospect St (the "Project"); and WHEREAS, for 2022 the Municipal Research and Services Center of Washington (MRSC) solicited on behalf of participating local government agencies within Washington State (including the City of Port Orchard, a member of MRSC's Rosters) for the 2022 MRSC Small Public Works Roster for projects of this size and type; and WHEREAS, on July 12, 2022, pursuant to RCW 39.04.155, the City's Public Works Department established a roster of qualified contractors for the Project from the 2022 MRSC Small Works Roster, a copy of which is attached hereto as Exhibit A, for the Main Category — Facility Construction, Repair and Maintenance, and Sub -Category— Doors -Pedestrian Automatic and Manual, Painting -Exterior Siding; and WHEREAS, on July 13, 2022, and pursuant to the City's Procurement Policies adopted by Resolution No. 036-22, as amended, at Section 5.0 Bid Procedures, the City's Public Works Department issued an email Invitation to Bid for the Project to all of the contractors on the on the selected roster; and WHEREAS, on July 28, 2022, the City's Public Works Department received three (3) bids by the 12:00pm deadline, and staff determined K & K Construction LLC submitted the apparent lowest, qualified bid for the Project; and WHEREAS, on August 1, 2022, the City's Public Works Department completed the MRSC Mandatory Bidder Responsibility Checklist and confirmed K & K Construction LLC as the lowest, responsive and responsible bidder; and WHEREAS, this project was not anticipated and thus not included in the 2021-2022 Budget Cycle; and WHEREAS, the Public Works Department seeks Council approval for this necessary repair project; and Page 138 of 295 Back to Agenda Resolution No. Ube-LL Page 2 of 2 WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State Auditor's Office, wishes to document their selection/procurement 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. THAT: The City Council authorizes the Mayor to execute Contract No. C091-22 with K & K Construction LLC, Inc for the DCD Building Repairs South Face Project, a copy of which is attached hereto as Exhibit B and incorporated herein by this reference. 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 9t" day of August 2022. ATTEST: Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 139 of 295 7/12/22, 2:24 PM Public Agency Name: Roster Type: Date: Time: Main Category: Sub -Category: A+ PROFESSIONAL COATINGS, INC. A.C.E. Improvements A Action Group Utilities, Inc. Able General Contracting ABM Industry Groups, LLC Action Services Corporation AlarmPro, LLC Alba Painting & Coatings AM Hardware Apex Chimney Co., Inc. Architectural Sheet Metal, Inc. Armadillo Painting, LLC Artus Construction Company Axthelm Construction, Inc Axum General Construction, Inc. Barclay Dean Architecural Products Bear Wood Windows, Inc Beisley Enterprises LLC Belfor USA Group Inc. BFC Construction, Inc Black Rock Construction & Development LLC BlumBeck Commercial Painting & Wall Covering LLC. Boomtown Services, LLC MRSC Rosters City of Port Orchard Back to Agenda Small Works Roster 07/12/2022 02:24 pm Facility Construction, Repair, and Maintenance Doors - Pedestrian Automatic and Manual, Painting - Exterior, Siding Cadence Construction Page 140 of 295 https://members.mrscrosters.org/public-agency/rosters/result?rt=czoxMToic2l hbGwgd29ya3MiOw%3D%3D 1/7 7/12/22, 2:24 PM MRSC Rosters Back to Agenda Cascade Industrial Services LLC Chet's Roofing & Construction Inc. Chinook Contractors Chown, Inc. Christensen Inc. General Contractor Clarity Construction Inc. Coastal Services Inc Coatings Northwest LLC Coating Specialty LLC Coatings Unlimited Columbia Industrial Coatings Combined Construction, Inc. Commercial Entry Systems, Inc. Confederated Construction Company Copper Mechanical LLC Core Tap Construction LLC CORLISS PAINTING INCORPORATED Creative Custom Construction LLC Cressy Door Company D & D Construction Inc DARDAN ENTERPRISES, INC Davis Construction Services Deacon Construction LLC DH Pace Door Services Dirt Boys Wash LLC DP Wain Construction, Inc. Edgewood Security & Lock Inc EIB Group LLC Elite Construction & Development, LLC Page 141 of 295 https://members.mrscrosters.org/public-agency/rosters/result?rt=czoxMToic2l hbGwgd29ya3MiOw%3D%3D 2/7 7/12/22, 2:24 PM MRSC Rosters Back to Agenda Empire Well Drilling LLC EMTech LLC Extreme Coatings, Inc. F.D. Thomas, Inc. First OnSite Property Restoration FORMA Construction Company G.A. Jorgensen Company Inc. General Mechanical, Inc GeoTest Services, Inc. Glacier Industries LLC Glacier Works, LLC Glass Doctor of Western Washington Guardian Roofing & Exteriors Hanson Excavation Hanson Tree Service LLC HCI Industrial & Marine Coatings, Inc. Hunnicutt's Inc Hutch -Con Construction Inc. HYTECH ROOFING, INC. Industrial Access, Inc. INTERSTATE SHEET METAL INC. In Time Renovations LLC INW Builders LLC Iron Creek Construction LLC J. Linder Painting, LLC J. SWANSON CONSTRUCTION J A Morris Construction JMS MASONRY RESTORATION LLC. John Lupo Construction, Inc. Page 142 of 295 https://members.mrscrosters.org/public-agency/rosters/result?rt=czoxMToic2l hbGwgd29ya3MiOw%3D%3D 3/7 7/12/22, 2:24 PM MRSC Rosters Back to Agenda JTI Commercial Services K&K Construction K-5 Contracting. Inc. K-A General Construction Contractor LLC Key Peninsula Construction, LLC Lamb Contracting LLC Lauckhart Painting & Drywall Legionary Handyman, LLC Long Painting Company Martinson Painting LLC Masonry Restoration Consulting llc Matthews Construction Services, Inc. Mattila Painting, Inc Maverick Construction and Demo MBI Construction Services, Inc Metro Glass Company, Inc. Metro Overhead Door, Inc. Mills General LLC Mink Enterprises LLC Modern Construction & Consulting Services, LLC Modern Painting Group Molecular Inc MONTES CONSTUCTION MONTGOMERY PAINTING LLC MSNW, LLC Newton Building & Development, LLC Nordland Construction Nw North American Substation Services, LLC Northwest Remodel & Design Page 143 of 295 https://members.mrscrosters.org/public-agency/rosters/result?rt=czoxMToic2l hbGwgd29ya3MiOw%3D%3D 4/7 7/12/22, 2:24 PM MRSC Rosters Back to Agenda N P M Construction Co. Olympia Painting Company LLC Olympic Peninsula Construction, Inc. ONE CALL DEMOLITION & EXCAVATION Uc: Paasche Construction Inc Pacific General Builders, LLC Pacific Tech Construction Paintcrafters-Plus, Inc. Paintmaster Services Inc. Pease & Sons, Inc. Perimeter Security Group Precision Door Service Precision Striping Purcell P & C, LLC Quality Coating Enterprises Quality Painting NW LLC RAESON CONSTRUCTION LLC RailWorks Track Systems Rainproof Contracting, LLC Randal Industries Inc Raptor Excavating and Contracting LLC R C Walsh & Company LLC RC Zeigler Company Inc Realfine Painting LLC Regency NW Construction Rhizorspainting llc Ridgeline Sheet Metal, LLC ROGNLINS INC. Roland Construction Company, LLC Page 144 of 295 https://members.mrscrosters.org/public-agency/rosters/result?rt=czoxMToic2l hbGwgd29ya3MiOw%3D%3D 5/7 7/12/22, 2:24 PM MRSC Rosters Back to Agenda Roose Paint & Restoration LLC S&S COATINGS, INC. Sabelhaus West, Inc. Sandvik Builders Incorporated Saxon Construction LLC SERVPRO Disaster Recovery Team Signature General Construction Inc. Sky Northwest, Inc. Smallworks Pro Stan's Construction and Son, LLC Sterling Telecommunications & Construction, Inc. Stumpy Tree Service Sustainable Northwest Construction, LLC Talakai Construction, LLC TEC Construction Inc The BJC Group, Inc. The Franklin Corporation The Metal Surgeons, LLC THE ROOF DOCTOR INC. The Westsound Company LLC Tighten Construction inc Transblue Trinity Remodel and excavating Valdez Construction, Inc Vet Industrial, Inc. VP Peri Painting Company Welwest Construction Inc. West Coast Concrete Restoration, LLC Western States Construction, Inc. Page 145 of 295 https://members.mrscrosters.org/public-agency/rosters/result?rt=czoxMToic2l hbGwgd29ya3MiOw%3D%3D 6/7 7/12/22, 2:24 PM MRSC Rosters Back to Agenda Western United Civil Group LLC Western Ventures Construction Inc Western Washington Construction Ltd Westmark Construction Inc. Westwood Company LLC Ziva Enterprises Inc. Page 146 of 295 https://members.mrscrosters.org/public-agency/rosters/result?rt=czoxMToic2l hbGwgd29ya3MiOw%3D%3D 7/7 Back to Agenda CITY OF PORT ORCHARD SMALL WORKS 35K AND UNDER DCD BUILDING REPAIRS SOUTH FACE CONSTRUCTION CONTRACT NO. C091-22 PUBLIC WORKS PROJECT NO. PW2022-016 THIS AGREEMENT is made effective as of the 9th day of August, 2022, by and between CITY OF PORT ORCHARD, WASHINGTON, ("CITY"), a Washington municipal corporation located at: 216 Prospect Street Port Orchard, Washington 98366 Contact: Mayor Robert Putaansuu Phone:360.876.4407 Fax: 360.895.9029 and K & K Construction, LLC, ("CONTRACTOR"), a Washington limited liability company located at: 6696 Richards Ave SE Port Orchard, WA 98367 Contact: Gregory Bergemann Phone:360 204-6742 Email: kandkconstructors@gmail.com for the following Project: DCD Building Repairs South Face ("PROJECT") In consideration of the mutual benefits to both parties, both Parties agree to the following: I-,TCI.MAlIAZ15 1. Contract Documents. The Contractor shall complete the Work described in the Contract Documents for the Project. The following documents are collectively referred to as the "Contract" and/or "Contract Documents": a. This Agreement signed by the City and the Contractor; b. Division 1 of WSDOT Standard Specifications for Road, Bridge and Municipal Construction, 2022 edition, together with APWA Supplement (1-99), subject to specific provisions contained within the Public Works Terms and Conditions; c. The attached Special Provisions, Plans and Specifications; City of Port Orchard and K&K Construction LLC_ Rev. IBDR 4-2022 Public Works Project No. PW2022-016 Small Works Contract No. C091-22 Page 147 of 295 Back to Agenda d. 2018 International Building Code (IBC) and 2018 Energy Code Compliance. e. Written change orders or orders for minor changes in the Work issued after execution of this Agreement; f. Public Works Terms and Conditions; g. Insurance and Bonding Requirements; h. The Invitation to Bid, and bid proposal submitted by the Contractor, except when inconsistent with Contract Documents a-g; i. 2019 Public Works Engineering Standards j. Appendix A: Non -Discrimination Statutes and Authorities; and k. The bid proposal submitted by the Contractor, except when inconsistent with Contract Documents a-j. I. IF A GRANT APPLIES TO THIS AGREEMENT, THE GRANT AGREEMENT BETWEEN THE CITY AND THE FUNDING AGENCY SHOULD BE MADE PART OF THE CONTRACT DOCUMENTS. All of the above listed Contract Documents are each made exhibits to this Agreement and are incorporated into the Agreement as if set forth in full. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. These Contract Documents complement each other in describing a complete work. Any requirement in one document binds as if stated in all. The Contractor shall provide any work or materials clearly implied in the Contract even if the Contract does not mention it specifically. 2. Date of Commencement and Substantial Completion Date. The date of commencement shall be no later than 14 days after the notice to proceed is issued. The Contractor shall substantially complete the Work not later than October 31, 2022 subject to adjustment by change order. 3. The Contractor shall do all work and furnish all tools, materials, and equipment in accordance with the above -described Construction Contract Documents. The Contractor shall provide and bear the expense of all equipment, work, and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing of the work provided for in these Construction Contract Documents, except those items mentioned therein to be furnished by the City. Contractor represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. City of Port Orchard and K&K Construction LLC_ Rev. IsDR 4-2022 Public Works Project No. PW2022-016 Small Works Contract No. C091-22 Page 148 of 295 Back to Agenda 4. Subject to additions and deductions by change order, the construction maximum payment is the base bid amount of $23,680.02 (applicable sales tax included) (hereinafter "Contract Sum"). The construction Contract Sum shall include all items and services necessary for the proper execution and completion of the work. The City hereby promises and agrees with the Contractor to employ and does employ the Contractor to provide the materials and to do and cause to be done the work described in the Construction Contract Documents and to complete and finish the same according to the plans and specifications and the terms and conditions herein contained; and hereby contracts to pay for the same at the time and in the manner and upon the conditions provided for in this Contract. S. The Contractor agrees to comply with all state and federal laws relating to the employment of labor and wage rates to be paid. The Contractor agrees to furnish insurance of the types and in the amounts set forth in the Construction Contract Documents. The Contractor warrants that it is licensed and authorized to do business under the laws of the State of Washington and has not been suspended or debarred in the past three (3) years. 6. The Contractor agrees to repair and replace all property of the City and all property of others damaged by Contractor, Contractor's employees, sub -contractors, and agents. 7. The Contractor does hereby agree to the full performance of all the covenants herein upon the part of the Contractor. Such agreement shall be binding upon Contractor's heirs, executors, administrators, successors, and assigns. 8. It is further provided that no liability shall attach to the City of Port Orchard by reason of entering into this Construction Contract, except as expressly provided herein. 9. 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. Also, in accordance with Title VI, the City is required to include the following clauses in every contract subject to Title VI and its related regulations. Therefore, during the performance of this Agreement, the Contractor, for itself, its assignees, and successors in interest agrees as follows: a. Compliance with Regulations: The Contractor 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 City of Port Orchard and K&K Construction LLC_ Rev. 1BDR 4-2022 Public Works Project No. PW2022-016 Small Works Contract No. C091-22 Page 149 of 295 Back to Agenda amended from time to time, which are herein incorporated by reference and made a part of this Agreement. b. Nondiscrimination: The Contractor, 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 Contractor 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. c. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Contractor 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 Contractor of the Contractor'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. d. Information and Reports: The Contractor 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 Contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the City or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. e. Sanctions for Noncompliance: In the event of the Contractor'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 Contractor under the Agreement until the Contractor complies; and/or 2. cancelling, terminating, or suspending the Agreement, in whole or in part. f. Incorporation of Provisions: The Contractor will include the above provisions of paragraphs 9.a through 9.f in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Contractor 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 Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such City of Port Orchard and K&K Construction LLC_ Rev. IsDR 4-2022 Public Works Project No. PW2022-016 Small Works Contract No. C091-22 Page 150 of 295 Back to Agenda direction, the Contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. 10. Public Records Act Chapter 42.56 RCW. Contractor understands that her/his bid response documents, and any contract documents may be subject to release under the Public Records Act Chapter 42.56 RCW and the City may be required to disclose such documents upon a request. Contractor acknowledges that s/he has been advised to mark any records believed to be trade secrets or confidential in nature as "confidential." If records marked as "confidential" are found to be responsive to the request for records, the City as a courtesy to the Contractor, may elect to give notice to Contractor of the request so as to allow Contractor to seek a protective order from a Court. Contractor acknowledges and agrees that any records deemed responsive to a public records request may be released at the sole discretion of, and without notice by, the City. 11. Warranty. Upon acceptance of the contract work, Contractor must provide the City a two- year warranty bond in the amount of twenty percent (20%) of the contract price a form and amount acceptable to the City. The Contractor shall correct all defects in workmanship and materials within two (2) years from the date of the City's acceptance of the Contract work, including replacing vegetation that fails to thrive. In the event any parts are repaired or replaced, only original replacement parts shall be used —rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) additional year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 12. Indemnification. Contractor 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 attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the sole negligence of the City. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 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 Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. City of Port Orchard and K&K Construction LLC_ Rev. 1BDR 4-2022 Public Works Project No. PW2022-016 Small Works Contract No. C091-22 Page 151 of 295 Back to Agenda IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'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. The provisions of this section shall survive the expiration or termination of this agreement. 13. Miscellaneous Provisions. a) Non -Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. b) Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the Kitsap County Superior Court, Kitsap County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XII of this Agreement. c) Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. d) Assignment. Any assignment of this Agreement by either party without the written consent of the non -assigning party shall be void. If the non -assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. e) Modification. No waiver, alteration, or 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 Contractor. City of Port Orchard and K&K Construction LLC_ Rev. IsDR 4-2022 Public Works Project No. PW2022-016 Small Works Contract No. C091-22 Page 152 of 295 Back to Agenda f) Entire Agreement. The written provisions and terms 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 this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. g) Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. h) Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS WHEREOF, the parties hereto have caused this contract to be duly executed on the date first written above. Robert Putaansuu, Mayor By: Its: ATTEST/AUTHENTICATE: Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: Charlotte A. Archer, City Attorney City of Port Orchard and K&K Construction LLC_ Rev. IsDR 4-2022 Public Works Project No. PW2022-016 Small Works Contract No. C091-22 Page 153 of 295 Back to Agenda CERTIFICATE AS TO CORPORATE PRINCIPAL I, (Corporate Officer (Not Contract Signer)) certify that I am the (Corporate Title) of the corporation named as the Contractor in the Agreement attached hereto; that , (Contract Signer) who signed said Agreement on behalf of the Contractor, was then (Corporate Title) of said corporation; that said Agreement was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers. Corporate Seal Corp. officer signature (not contract signer) Printed Title State of County of ss , (corporate officer (not contract signer)) being duly sworn, deposes and says that he/she is (Corporate Title) of (Name of Corporation) Subscribed and sworn to before me this day of 120 Notary Public (Signature) Notary Public (Print) My commission expires City of Port Orchard and K&K Construction LLC_ Rev. IsDx 4-2022 Public Works Project No. PW2022-016 Small Works Contract No. C091-22 Page 154 of 295 Back to Agenda CITY OF PORT ORCHARD PUBLIC WORK PROJECT TERMS AND CONDITIONS The following terms and conditions shall be used in conjunction with the Standard Specifications for Road, Bridge and Municipal Construction, 2022 edition, together with the APWA Supplement (Section 1-99), as issued by the Washington State Department of Transportation and American Public Works Association, Washington State Chapter, hereinafter referred to as the "standard specifications". The standard specifications, except as they may be modified or superseded by these provisions, shall govern all phases of work under this Contract, and they are by reference made an integral part of these specifications and Contract as if herein fully set forth. When the provisions of the standard specification conflict with the terms and conditions as contained herein, the terms and conditions shall prevail. 1. BID PRICE: The bid price(s) shall include all necessary permits, fees and items of labor, material, equipment, tools, overhead and compensation, supplies, taxes, utilities, and other incidentals necessary to complete the work in a fully functional and operational state. All prices including bid prices are in US funds. 2. DEFINITIONS: The term "City" means Port Orchard, Washington, "successful bidder" means the apparent lowest and best responsible bidder to whom an award is made, and "Contractor" means the successful bidder who has satisfied the requirements for the award and who receives a contract executed by the City. "Bidder" means the person, firm or corporation that has made an offer in response to the invitation to bid. "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment, and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. 3. LICENSING AND REGISTRATION: The Contractor must have a Washington State certificate of registration per chapter 18.27 RCW; a current state unified business identifier number; and if applicable, industrial insurance coverage for the bidder's employees working in Washington, an Employment Security Department number, and a state excise tax registration number. In addition, the bidder must not be disqualified from bidding on any public works contracts under RCW 39.06.010 or 39.12.065(3). 4. PUBLIC WORK REQUIREMENTS: This project constitutes a public work under state law. Bidders are warned to take into consideration statutory legal requirements, particularly, the payment of prevailing wages and fringe benefits, payment and performance bonds and sales tax implications in making their bids. It is the sole responsibility of the bidder to ensure that the appropriate labor classification(s) are identified and that the applicable wage and benefit rates are taken into consideration when preparing their bid according to these specifications. The Contractor shall complete and file State of Washington, Department of Labor & Industries, Statement of Intent to Pay Prevailing Wages and Affidavit of Wages Paid forms and shall familiarize itself with their City of Port Orchard and K&K Construction LLC_ Rev. IsDR 4-2022 Public Works Project No. PW2022-016 Small Works Contract No. C091-22 Page 155 of 295 Back to Agenda requirements. The Contractor shall also be responsible for and pay all costs pertaining to the processing of these forms. 5. PREVAILING WAGES: The Contractor shall pay prevailing wages as required and shall comply with Chapters 39.12 and 49.28 RCW. Prior to beginning work under this Contract, the Contractor shall submit -- on behalf of itself and each and every Sub -Contractor — a "Statement of Intent to Pay Prevailing Wages," which must be approved by the Department of Labor and Industries (See link below.) Following the final acceptance of the project, the Contractor must submit -- on behalf of itself and every Sub -Contractor -- an "Affidavit of Wages Paid" for final payment. Final payments shall be made in accordance with the requirements of Chapter 39.12 RCW. Refer to https://fortress.wa.gov/ini/wagelookup/prvWagelookup.aspx for Washington State Prevailing Wage rates. 6. INSURANCE REQUIREMENT: The successful bidder will furnish insurance as stipulated in the Attachment entitled "Insurance Requirements." 7. RECEIPT OF ADDENDA: All official clarifications or interpretations of the bid documents will be by written addenda only. 8. PROJECT COMPLIANCE: In compliance with the request for quotation, Bidder hereby proposes to perform all work for this project in strict accordance with the Contract Documents, at the Contract Sum, and within the time set forth herein with the understanding that time is of the essence in the performance of this Contract. 9. TAXES: Proposals shall include all applicable taxes except sales tax, which is a separate bid item. It shall be the Bidder's responsibility to furnish Federal Excise Tax Exemption Certificate, when applicable. 10. ERROR IN EXTENSION: Unit price, when used, shall govern in case of extension error. If a discrepancy between the numerical unit price and the written (words) unit price is found, the written (words) unit price shall control. 11. PERMITS AND FEES: The Contractor shall furnish all permits, inspection fees, and fees required in the performance of this Contract, including those charged under RCW 39.12.070 by the Department of Labor and Industries for the approval of statements of intent to pay prevailing wages and the certification of affidavits of wages paid, etc. The Department may also charge fees to persons or organizations requesting the arbitration of disputes under RCW 39.12.060. The Contractor is responsible for all fees resulting from these statutes. 12. CONTRACT: The Contract, when properly signed, will be the only form that will be recognized by the City as an award. The executed Contract supersedes all previous communications and negotiations, except as referenced herein, and constitutes the entire agreement between the City and Contractor (Parties), except as provided herein. The Contractor shall not make any City of Port Orchard and K&K Construction LLC_ Rev. IsDR 4-2022 Public Works Project No. PW2022-016 Small Works Contract No. C091-22 Page 156 of 295 Back to Agenda changes, alterations, or variations in the terms of the Contract without the written consent of the City. No terms stated by the Bidder in its proposal shall be binding on the City unless accepted in writing by the City. The successful bidder may not assign the Contract resulting from this invitation to bid without the City's prior written consent. No waiver by the City of a breach of any provision of the terms and conditions outlined in the invitation to bid shall constitute a waiver of any other breach of such provision or of any other provisions. 13. CHANGES: The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the person listed in the Notice provision section of this Agreement, within fourteen (14) calendar days of the date Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section 13 entitled, "Claims," below. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect, and consequential costs, including costs of delays related to any work, either covered or affected by the change. 14. CLAIMS: If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first. Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below. City of Port Orchard and K&K Construction LLC_ Rev. IsDx 4-2022 Public Works Project No. PW2022-016 Small Works Contract No. C091-22 page 157 of 295 Back to Agenda FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). 15. LIMITATION OF ACTIONS: CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. City of Port Orchard and K&K Construction LLC_ Rev. IsDR 4-2022 Public Works Project No. PW2022-016 Small Works Contract No. C091-22 Page 158 of 295 Back to Agenda 16. WORK PERFORMED AT CONTRACTOR'S RISK: Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. 17. COMPLIANCE WITH LAWS AND REGULATIONS: The Contractor warrants full compliance with all applicable local, state, or federal laws and regulations and agrees to indemnify and defend the City against any loss, cost, liability, or damage, including reasonable attorney's fees, by reason of successful bidder's violation of this paragraph. 18. EMPLOYMENT OF STATE RETIREES: The City is a "DRS-covered employer" which is an organization that employs one or more members of any retirement system administered by the Washington State Department of Retirement Systems (DRS). Pursuant to RCW 41.50.139(1) and WAC 415-02-325(1), the City is required to elicit on a written form if any of the Contractor's employees providing services to the City retired using the 2008 Early Retirement Factors (ERFs), or if the Contractor is owned by an individual who retired using the 2008 ERFs, and whether the nature of the service and compensation would result in a retirement benefit being suspended. Failure to make this determination exposes the City to significant liability for pension overpayments. As a result, before commencing work under this Agreement, Contractor shall determine whether any of its employees providing services to the City or any of the Contractor's owners retired using the 2008 ERFs, and shall immediately notify the City and shall promptly complete the form provided by the City after this notification is made. This notification to DRS could impact the payment of retirement benefits to employees and owners of Contractor. Contractor shall indemnify, defend, and hold harmless the City from any and all claims, damages, or other liability, including attorneys' fees and costs, relating to a claim by DRS of a pension overpayment caused by or resulting from Contractor's failure to comply with the terms of this provision. This provision shall survive termination of this Agreement. 19. TERMINATION: This Contract may be terminated in whole or in part, without penalty, under the following conditions: 1) by mutual written agreement; 2) by the City for breach by the Contractor of any of the obligations or requirements set forth in the Contract Documents which would, at the option of the City, require the Contractor to assume liability for any and all damages, including the excess of re -procuring similar products or services; 3) for convenience of the City; or 4) by the City for non -appropriation of funds. A. Termination for Cause. The City may, upon 7 days written notice to Contractor and to its surety, terminate (without prejudice to any right or remedy of the City) the contract, or any part of it, for cause upon the occurrence of any one or more of the following events: Contractor fails to complete the work or any portion thereof with sufficient diligence to ensure substantial completion of the work within the contract time; Contractor is adjudged bankrupt, makes a general assignment for the benefit of its creditors, or a receiver is City of Port Orchard and K&K Construction LLC_ Rev. IsDR 4-2022 Public Works Project No. PW2022-016 Small Works Contract No. C091-22 Page 159 of 295 Back to Agenda appointed on account of its insolvency; Contractor fails in a material way to replace or correct work not in conformance with the Contract Documents, Contractor repeatedly fails to supply skilled workers or proper materials or equipment; Contractor materially disregards or fails to comply with laws, ordinances, rules, regulations, or orders of any public authority having jurisdiction; or Contractor is otherwise in material breach of any provision of the contract. Upon termination, the City may, at its option, take possession of or use all documents, materials, equipment, tools, and construction equipment and machinery thereon owned by Contractor to maintain the orderly progress of, and to finish, the work, and finish the work by whatever other reasonable method it deems expedient. B. Termination for Convenience. The City may, upon written notice, terminate (without prejudice to any right or remedy of the City) the contract, or any part of it, for the convenience of the City. C. Settlement of Costs. If the City terminates for convenience, Contractor shall be entitled to make a request for an equitable adjustment for its reasonable direct costs incurred prior to the effective date of the termination, plus a reasonable allowance for overhead and profit on work performed prior to termination, plus the reasonable administrative costs of the termination, but shall not be entitled to any other costs or damages, whatsoever, provided however, the total sum payable upon termination shall not exceed the Contract Sum reduced by prior payments. 20. COMPLIANCE WITH TERMS: The City may at any time insist upon strict compliance with these terms and conditions, notwithstanding any previous custom, practice, or course of dealing to the contrary. 21. PAYMENT: Contractor shall maintain time and expense records and provide them to the City along with monthly invoices in a format acceptable to the City for work performed to the date of the invoice. All invoices shall be paid by the City within 45 days of receipt of a proper invoice. If the services rendered to not meet the requirements of the Contract, Contractor will correct or modify the work to comply with the Contract. City may withhold payment for such work until the work meets the requirements of the Contract. 22. DISPUTE RESOLUTION: In the event there is a dispute between the parties, the parties agree to resolve that dispute in the following manner: (a) The parties shall attempt in good faith to resolve any dispute promptly through negotiation. Either party may give the other party written notice that a dispute exists (a "Notice of Dispute"). The Notice of Dispute shall include a statement of such party's position. Within ten (10) days of the delivery of the Notice of Dispute, the parties shall meet at a mutually acceptable time and place and attempt to resolve the dispute; (b) If the parties are unable to resolve the dispute, they may elect to submit the dispute to mediation. The cost of the mediation shall be borne equally by the parties. The mediator shall be selected by the mutual agreement of the parties; (c) If the mediation does not result in a settlement of the dispute, the dispute shall be settled by binding arbitration by the Judicial Arbitration and Mediation Services ("JAMS") in accordance with the then operative construction City of Port Orchard and K&K Construction LLC_ Rev. IsDR 4-2022 Public Works Project No. PW2022-016 Small Works Contract No. C091-22 Page 160 of 295 Back to Agenda rules of JAMS. The parties may select an arbitrator by mutual agreement, or if unable to agree, the arbitrator will be selected pursuant to the rules of JAMS. The parties shall be bound by the decision of such arbitrator. The arbitration shall be conducted in Kitsap County, Washington; provided, if JAMS is unable to conduct the arbitration in Kitsap County, then the arbitration shall be held in such location as the Parties may agree after consulting with JAMS. City of Port Orchard and K&K Construction LLC_ Rev. IsDx 4-2022 Public Works Project No. PW2022-016 Small Works Contract No. C091-22 Page 161 of 295 Back to Agenda CITY OF PORT ORCHARD INSURANCE REQUIREMENTS Insurance Term. The Contractor shall procure and maintain for the duration of the Contract with the City, insurance as described herein, without interruption from commencement of the Contractor's work through the term of the contract and for thirty (30) days after the physical completion date, unless otherwise indicated herein. Such insurance shall be 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 Contractor, their agents, representatives, employees, and subcontractors and shall meet the requirements herein. No Limitation. The Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. Minimum Scope of Insurance. The Contractor shall obtain insurance of the types described below: • 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. • Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop gap liability, independent contractors, products -completed operations, personal injury and advertising injury and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 1185 or an equivalent endorsement. There shall be no endorsement or modification of the Commercial General Liability Insurance for liability arising from explosion, collapse, or underground property damage. The City shall be named by endorsement as an additional insured underthe Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG or substitute endorsements providing equivalent coverage. • Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. • Employers' Liability coverage to include bodily injury, and bodily injury by disease. Employers Liability coverage may be included in the Contractor's General Liability Coverage or as a stand-alone policy. City of Port Orchard and K&K Construction LLC_ Rev. IsDR 4-2022 Public Works Project No. PW2022-016 Small Works Contract No. C091-22 Page 162 of 295 Back to Agenda • Builders Risk insurance covering interests of the City, the Contractor, Subcontractors, and Sub -subcontractors in the work. Builders Risk insurance shall be on an all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including flood, earthquake, theft, vandalism, malicious mischief, collapse, temporary buildings, and debris removal. The Builders Risk insurance covering the work will have a deductible of $5,000 (or less) for each occurrence, which will be the responsibility of the Contractor. Higher deductibles for flood and earthquake perils may be accepted by the City upon written request by the Contractor and written acceptance by the City. Any increased deductibles accepted by the City will remain the responsibility of the Contractor. The Builders Risk insurance shall be maintained until final acceptance of the work by the City. • Employer's Liability insurance limit of $1,000,000 each accident, Employer's Liability Disease each employee $1,000,000 and Employer's Liability Disease — Policy limit $1,000.000. Minimum Amounts of Insurance. The Contractor shall maintain the following insurance limits: • Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000.000 per accident. • Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products - completed operations aggregate limit. • Builders Risk insurance shall be written in the amount of the completed value of the project with no coinsurance provisions. • Workers' Compensation insurance as required by the State of Washington. • Employer's Liability insurance with Washington Stop Gap Employers' Liability minimum limits of $1,000,000 each accident, $1,000,000 disease - each employee, $1,000,000 disease - policy limit. The City will not be responsible for payment of industrial insurance premiums or for any other claim or benefit for this Contractor or any sub -Contractor or employee of the Contractor which might arise under the industrial insurance laws during the performance of duties and services under this contract. If the Department of Labor and Industries, upon audit, determines that industrial insurance payments are due and owing as a result of work performed under this contract, those payments shall be made by the Contractor; the Contractor shall indemnify the City and guarantee payment of such amounts. City of Port Orchard and K&K Construction LLC_ Rev. 1BDR 4-2022 Public Works Project No. PW2022-016 Small Works Contract No. C091-22 Page 163 of 295 Back to Agenda Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance limits than the minimums shown above, the Public Entity shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this contract or whether any certificate of insurance furnished to the Public Entity evidences limits of liability lower than those maintained by the Contractor. Other Insurance Provisions. The Contractor's Automobile Liability, Commercial General Liability and Builders Risk insurance policies are to contain or be endorsed to contain that they shall be primary insurance as respects the City. Any insurance, self-insurance or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. If any coverage is written on a "claims made" basis, then a minimum of three (3) year extended reporting period shall be included with the claims made policy, and proof of this extended reporting period shall be provided to the City. Contractor's Insurance for Other Losses. The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, including but not limited to the Contractor's employee -owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers, or contractors as well as any temporary structures, scaffolding and protective fences. Waiver of Subrogation. The Contractor waives all rights against the City, any of its Subcontractors, Sub -subcontractors, agents, and employees, for damages caused by fire or other perils to the extent covered by Builders Risk insurance or other property insurance obtained pursuant to this Insurance Requirements Section of the Contract or other property insurance applicable to the work. The Contractor'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. The City will not waive its right to subrogation against the Contractor. The Contractor's insurance shall be endorsed acknowledging that the City will not waive its right to subrogation. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANIL Verification of Coverage. The Contractor 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 Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. Before any exposure to loss may occur, the Contractor shall file with the City a copy of the Builders Risk insurance policy that includes all applicable conditions, exclusions, definitions, terms, and endorsements related to this project. Subcontractors. The Contractor shall cause each and every Subcontractor to provide insurance coverage that complies with all applicable requirements of the Contractor -provided insurance as set forth herein (with the exception of Builders Risk insurance. The Contractor shall ensure that City of Port Orchard and K&K Construction LLC_ Rev. IsDR 4-2022 Public Works Project No. PW2022-016 Small Works Contract No. C091-22 Page 164 of 295 Back to Agenda the Public Entity is an additional insured on each and every Subcontractor's Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. Notice of Cancellation. The Contractor'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. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. Failure to Maintain Insurance. The insurance required by this Section will not be canceled, materially changed, or altered without forty-five (45) days prior written notice submitted to the City. Failure on the part of the Contractor to maintain insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days' notice to the Contractor to correct the breach, immediately terminate the Contract, or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. City of Port Orchard and K&K Construction LLC_ Rev. 1BDx 4-2022 Public Works Project No. PW2022-016 Small Works Contract No. C091-22 Page 165 of 295 Back to Agenda CITY OF PORT ORCHARD DECLARATION OF OPTION FOR PERFORMANCE AND PAYMENT BOND OR ADDITIONAL RETAINAGE (APPLICABLE TO CONTRACTS OF $150,000 OR LESS — RCW 39.08.010) Note 1: This form must be submitted at the time the Contractor executes the Contract. The Contractor shall designate the option, where applicable, desired by checking the appropriate space. Note 2: Regardless of choice under Section 2 of this form, the Contractor will be required to provide a warranty/maintenance bond effective at project close out prior to either release of the performance bond or release of the 10% retainage. 1. The Contractor shall provide 5% retainage, pursuant to RCW 60.28.011(1)(a). 2. The Contractor elects to (select one): (1) Furnish a performance and payment bond in the amount of the total contract sum. An executed performance and payment bond on the required form is included with the executed contract documents. (2) Have the City retain, in lieu of the performance and payment bonds, ten percent (10%) of the total contract amount for a period of thirty days after date of final acceptance, or until receipt of all necessary releases from the department of revenue and the department of labor and industries and settlement of any liens filed under chapter 60.28 RCW, whichever is later. RCW Ic1:l[i1-3113[i71 In choosing option 2, the Contractor agrees that if the Contractor, its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract, and shall faithfully perform all the provisions of such Contract and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of the Contract that may hereafter be made, at the time and in the manner therein specified, and shall pay all laborers, mechanics, subcontractors, and materialmen, and all persons who shall supply such person or persons, or subcontractors, with provisions and supplies for the carrying on of such work, on his or her part, and shall defend, indemnify, and save harmless the City of Port Orchard, Washington, its officers and agents from any claim for such payment, then the funds retained in lieu of a performance bond shall be released at the time City of Port Orchard and K&K Construction LLC_ Rev. IsDR 4-2022 Public Works Project No. PW2022-016 Small Works Contract No. C091-22 Page 166 of 295 Back to Agenda provided in said option 2; otherwise, the funds shall be retained until the Contractor fulfills the said obligations. Contractor Signature, Date_ Bond No. City of Port Orchard and K&K Construction LLC_ Rev. IBDx 4-2022 Public Works Project No. PW2022-016 Small Works Contract No. C091-22 page 167 of 295 Back to Agenda PERFORMANCE AND PAYMENT BOND CITY OF PORT ORCHARD DCD Building Repairs South Face CONTRACT NO. C091-22 Bond to City of Port Orchard, Washington Bond No. We, , and , (Principal) (Surety) a Corporation, and as a surety corporation authorized to become a surety upon Bonds of Contractors with municipal corporations in Washington State, are jointly and severally bound to the City of Port Orchard, Washington ("Owner"), in the penal sum of Dollars ($ ), the payment of which sum, on demand, we bind ourselves and our successors, heirs, administrators, executors, or personal representatives, as the case may be. This Performance Bond is provided to secure the performance of Principal in connection with a contract dated , 20_, between Principal and Owner for a project entitled DCD Building Repairs South Face Contract No. C091-22 ("Contract"). The initial penal sum shall equal 100 percent of the Total Bid Price, including sales tax, as specified in the Proposal submitted by Principal. NOW, THEREFORE, this Performance and Payment Bond shall be satisfied and released only upon the condition that Principal, its heirs, executors, administrators, successors, or assigns: • Faithfully performs all provisions of the Contract and changes authorized by Owner in the manner and within the time specified as may be extended under the Contract; • Pays all laborers, mechanics, subcontractors, lower tier subcontractors, material persons, and all other persons or agents who supply labor, equipment, or materials to the Project; • Pays the taxes, increases and penalties incurred on the Project under Titles 50, 51 and 82 RCW on: (A) Projects referred to in RCW 60.28.011(1)(b); and/or (B) Projects for which the bond is conditioned on the payment of such taxes, increases and penalties; and • Posts a two-year warranty/maintenance bond to secure the project. Such bond shall be in the amount of twenty percent (20%) of the project costs. Provided, further that this bond shall remain in full force and effect until released in writing by the City at the request of the Surety or Principal. The Surety shall indemnify, defend, and protect the Owner against any claim of direct or indirect loss resulting from the failure: City of Port Orchard and K&K Construction LLC_ Rev. IsDR 4-2022 Public Works Project No. PW2022-016 Small Works Contract No. C091-22 Page 168 of 295 Back to Agenda • Of the Principal (or any of the employees, subcontractors, or lower tier subcontractors of the Principal) to faithfully perform the contract; or • Of the Principal (or any subcontractor or lower tier subcontractor of the Principal) to pay all laborers, mechanics, subcontractors, lower tier subcontractors, material person, or any other person who provides supplies or provisions for carrying out the work. The liability of Surety shall be limited to the penal sum of this Performance and Payment Bond. Principle and Surety agree that if the Owner is required to engage the services of an attorney in connection with enforcement of this bond each shall pay the Owner reasonable attorney's fees, whether or not suit is commenced, in addition to the penal sum. No change, extension of time, alteration, or addition to the terms of the Contract or to the Work to be performed under the Contract shall in any way affect Surety's obligation on the Performance Bond. Surety hereby waives notice of any change, extension of time, alteration, or addition to the terms of the Contract or the Work, with the exception that Surety shall be notified if the Contract time is extended by more than twenty percent (20%). If any modification or change increases the total amount to be paid under the Contract, Surety's obligation under this Performance and Payment Bond shall automatically increase in a like amount. Any such increase shall not exceed twenty-five percent (25%) of the original amount of the Performance and Payment Bond without the prior written consent of Surety. This Performance and Payment Bond shall be governed and construed by the laws of the State of Washington, and venue shall be in Kitsap County, Washington. IN WITNESS WHEREOF, the parties have executed this instrument in two (2) identical counterparts this day of , 20 Principal Signature of Authorized Official By Printed Name and Title Name and address of local office of Agent and/or Surety Company: Surety Signature of Authorized Official By Attorney in Fact (Attach Power of Attorney) Surety companies executing bonds must appear on the current Authorized Insurance List in the State of Washington per Section 1-02.7 of the Standard Specifications. City of Port Orchard and K&K Construction LLC_ Rev. 1BDR 4-2022 Public Works Project No. PW2022-016 Small Works Contract No. C091-22 Page 169 of 295 Back to Agenda STATE OF 1416111HWK61I On this _ for the appeared boxes): 0 ACKNOWLEDGEMENT Corporation, Partnership, or Individual )ss. _ day of , 20 , before me, the undersigned, a Notary Public in and State of Washington, duly commissioned and sworn, personally , to me known to be the (check one of the following of corporation, of partnership, the the ❑ individual, that executed the foregoing instrument to be the free and voluntary act and deed of said ❑ corporation, ❑ partnership, ❑ individual for the uses and purposes therein mentioned, and on oath stated that ❑ he ❑ she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. Print or type name NOTARY PUBLIC, in and for the State of Washington Residing at My Commission expires: Notary Seal with Ink Stamp City of Port Orchard and K&K Construction LLC_ Rev. lsDx 4-2022 Public Works Project No. PW2022-016 Small Works Contract No. C091-22 Page 170 of 295 Back to Agenda SURETY ACKNOWLEDGEMENT STATE OF ) )ss. COUNTY OF ) On this day of , 20 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be the of , the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that ❑ he ❑ she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. Print or type name NOTARY PUBLIC, in and for the State of Washington Residing at: My Commission expires: Notary Seal with Ink Stamp City of Port Orchard and K&K Construction LLC_ Rev. lsDx 4-2022 Public Works Project No. PW2022-016 Small Works Contract No. C091-22 Page 171 of 295 Back to Agenda CITY OF PORT ORCHARD MAINTENANCE/WARRANTY BOND (Note: Contractor will be required to provide a warranty/maintenance bond effective at project close out prior to either release of the performance bond or release of the 10% retainage.) PROJECT#, PERMIT#, PW2022-016 CONTRACT # C091-22 SURETY BOND #: DATE POSTED: EXPIRATION DATE: RE: Project Name: DCD Building Repairs South Face Owner/Developer/Contractor Project Address: KNOW ALL PERSONS BY THESE PRESENTS: That we, (hereinafter called the "Principal"), and , a corporation organized under the laws of the State of and authorized to transact surety business in the State of Washington (hereinafter called the "Surety"), are held and firmly bound unto the City of Port Orchard, Washington, in the sum of dollars ($ ) 20% Total Contract Amount, lawful money of the United States of America, for the payment of which sum we and each of us bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. THE CONDITIONS of the above obligation are such that: WHEREAS, the above -named Principal has constructed and installed certain improvements on public property in connection with a project as described above within the City of Port Orchard; and WHEREAS, the Principal is required to post a bond for the twenty-four (24) months following written and final acceptance of the project in order to provide security for the obligation of the Principal to repair and/or replace said improvements against defects in workmanship, materials or installation during the twenty-four (24) months after written and final approval/acceptance of the same by the City; NOW, THEREFORE, this Maintenance Bond has been secured and is hereby submitted to the City. It is understood and agreed that this obligation shall continue in effect until released in writing by the City, but only after the Principal has performed and satisfied the following conditions: A. The work or improvements installed by the Principal and subject to the terms and conditions of this Bond are as follows: (insert complete description of work here) City of Port Orchard and K&K Construction LLC_ Rev. IBDR 4-2022 Public Works Project No. PW2022-016 Small Works Contract No. C091-22 Page 172 of 295 Back to Agenda B. The Principal and Surety agree that the work and improvements installed in the above - referenced project shall remain free from defects in material, workmanship and installation (or, in the case of landscaping, shall survive,) fora period oftwenty-four (24) months after written and final acceptance of the same and approval by the City. Maintenance is defined as acts carried out to prevent a decline, lapse or cessation of the state of the project or improvements as accepted by the City during the twenty-four (24) month period after final and written acceptance, and includes, but is not limited to, repair or replacement of defective workmanship, materials or installations. C. The Principal shall, at its sole cost and expense, carefully replace and/or repair any damage or defects in workmanship, materials or installation to the City -owned real property on which improvements have been installed, and shall leave the same in as good condition as it was before commencement of the work. D. The Principal and the Surety agree that in the event any of the improvements or restoration work installed or completed by the Principal as described herein, fail to remain free from defects in materials, workmanship or installation (or in the case of landscaping, fail to survive), for a period of twenty-four (24) months from the date of approval/acceptance of the work by the City, the Principal shall repair and/replace the same within ten (10) days of demand by the City, and if the Principal should fail to do so, then the Surety shall: 1. Within twenty (20) days of demand of the City, make written commitment to the City that it will either: a). remedy the default itself with reasonable diligence pursuant to a time schedule acceptable to the City; or b). tender to the City within an additional ten (10) days the amount necessary, as determined by the City, for the City to remedy the default, up to the total bond amount. Upon completion of the Surety's duties under either of the options above, the Surety shall then have fulfilled its obligations under this bond. If the Surety elects to fulfill its obligation pursuant to the requirements of subsection 1)(1)(b), the City shall notify the Surety of the actual cost of the remedy, upon completion of the remedy. The City shall return, without interest, any overpayment made by the Surety, and the Surety shall pay to the City any actual costs which exceeded the City estimate, limited to the bond amount. 2. In the event the Principal fails to make repairs or provide maintenance within the City of Port Orchard and K&K Construction LLC_ Rev. IsDx 4-2022 Public Works Project No. PW2022-016 Small Works Contract No. C091-22 Page 173 of 295 Back to Agenda time period requested by the City, then the City, its employees and agents shall have the right at the City's sole election to enter onto said property described above for the purpose of repairing or maintaining the improvements. This provision shall not be construed as creating an obligation on the part of the City or its representatives to repair or maintain such improvements. Corrections. Any corrections required by the City shall be commenced within ten (10) days of notification by the City and completed within thirty (30) days of the date of notification. If the work is not performed in a timely manner, the City shall have the right, without recourse to legal action, to take such action under this bond as described in Section D above. Extensions and Changes. No change, extension of time, alteration or addition to the work to be performed by the Principal shall affect the obligation of the Principal or Surety on this bond, unless the City specifically agrees, in writing, to such alteration, addition, extension or change. The Surety waives notice of any such change, extension, alteration or addition thereunder. G. Enforcement. It is specifically agreed by and between the parties that in the event any legal action must be taken to enforce the provisions of this bond or to collect said bond, the prevailing party shall be entitled to collect its costs and reasonable attorney fees as a part of the reasonable costs of securing the obligation hereunder. In the event of settlement or resolution of these issues prior to the filing of any suit, the actual costs incurred by the City, including reasonable attorney fees, shall be considered a part of the obligation hereunder secured. Said costs and reasonable legal fees shall be recoverable by the prevailing party, not only from the proceeds of this bond, but also over and above said bond as a part of any recovery (including recovery on the bond) in any judicial proceeding. The Surety hereby agrees that this bond shall be governed by the laws of the State of Washington. Venue of any litigation arising out of this bond shall be in Kitsap County Superior Court. H. Bond Expiration. This bond shall remain in full force and effect until the obligations secured hereby have been fully performed and until released in writing by the City at the request of the Surety or Principal. DATED this day of SURETY COMPANY (Signature must be notarized) JN Its Business Name: , 20_ DEVELOPER/OWNER (Signature must be notarized) By Its Business Name: City of Port Orchard and K&K Construction LLC_ Rev. IsDR 4-2022 Public Works Project No. PW2022-016 Small Works Contract No. C091-22 Page 174 of 295 Back to Agenda Business Address: City/State/Zip Code: Telephone Number: CITY OF PORT ORCHARD 0 Its: Interim Public Works Director/City Engineer Business Address: City/State/Zip Code: Telephone Number: Date: CHECK FOR ATTACHED NOTARY SIGNATURE Individual (Form P-1) Corporation (Form P-2) Surety Company (Form P-2) City of Port Orchard and K&K Construction LLC_ Rev. 1BDR 4-2022 Public Works Project No. PW2022-016 Small Works Contract No. C091-22 Page 175 of 295 Back to Agenda FORM P-1 / NOTARY BLOCK (Use For Individual/Sole Proprietor Only) STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: City of Port Orchard and K&K Construction LLC_ Rev. IsDR 4-2022 Public Works Project No. PW2022-016 Small Works Contract No. C091-22 Page 176 of 295 Back to Agenda FORM P-2 / NOTARY BLOCK (Use For Partnership or Corporation Only) (Developer/Owner) STATE OF WASHINGTON ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged as the of that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: City of Port Orchard and K&K Construction LLC_ Rev. IsDR 4-2022 Public Works Project No. PW2022-016 Small Works Contract No. C091-22 Page 177 of 295 Back to Agenda (Surety Company) STATE OF WASHINGTON ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged as the of that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: City of Port Orchard and K&K Construction LLC_ Rev. IsDR 4-2022 Public Works Project No. PW2022-016 Small Works Contract No. C091-22 Page 178 of 295 Back to Agenda APPENDIX A During the performance of this Agreement, the Contractor, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to the following 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); and • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). City of Port Orchard and K&K Construction LLC_ Rev. IsDR 4-2022 Public Works Project No. PW2022-016 Small Works Contract No. C091-22 Page 179 of 295 I Back to Agenda SCHEDULE OF CONTRACT PRICES DM Bullding Repairs South Face MM Lump Sum total amount shall be concurrent with Work To be Performed definitions in Appendix A an shall include mobilization, materials, labor costs, and dump fees. If a discrepancy between the numerical unit pri and the written (words) unit price is found, the written (words) unit price shall control. le meted 111MIft QMft SP/STD DaMINNAI n of RM unk Pros Amount PFSFMTMN 1. Lump Sum STD Exterior Building Repairs Nineteen Thousand One Hundred eighty-five dollar zero cent L S $ 19,185.00 (Words) Per Lump Sum 2. CALC EST Force Account for Structure Framing Repairs $ Two Thousand Five Hundred & no./100 $ 1.00 $ 2.500 (Words) SALES TAX (9.2%): # 1, 995. 02 TOTAL BID: 23,680.02 $ICES TAX In accordance with Section 1-07.2(2) State Sales Tax: The Contractor shall collect from the Contracting sales tax on the full Contract amount. ay reta i I Page 6 of 47 Page 180 of 295 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 8G Subject: Adoption of a Resolution Approving an Application for Grant Funding from the State Recreation and Conservation Office for Culvert Removal Projects Back to Agenda Meeting Date: August 9, 2022 Prepared by: Chris Hammer Atty Routing No.: Atty Review Date: Interim PW/Eng Dir. 366922-0009 — PW July 26, 2022 Summary: The City of Port Orchard Public Works Department proposes to replace an existing drainage culvert on Bay Street (RCO Project Number 21-1496). The culvert is located near the intersection of Bay Street and Arnold Avenue. The existing wooden culvert has had some structural failures, resulting in sink holes on Bay Street and is also a known barrier to salmon migration. While the city has done some repairs to fix the sinkholes and prevent further degradation, a more permanent solution is needed for replacing the structure. In 2018 the City conducted a 30% design analysis for this project to determine roughly what it would cost to replace the structure. Currently, estimates fall between $1,300,000 and $4,700,000 for total design and construction. In addition to this project, the City of Port Orchard Public Works Department proposes to remove an existing drainage culvert located along Sidney Road at Ruby Creek (RCO Project Number 21-1498). This culvert is located approximately 850 feet south of the intersection of SW Hovde Road and Sidney Road. City staff have conducted a preliminary design analysis and have determined that the culvert will need to be replaced with a 30- ft span bridge. The Ruby Creek culvert supports water and sanitary sewer infrastructure and is also a known barrier to salmon migration. The City identified two Recreation and Conservation Office (RCO) grants through the Brian Abbott Fish Barrier Removal Board (BAFBRB) Program available to fund 100% design of the Annapolis Creek culvert replacement project and design/build for the Ruby Creek Culvert Replacement Project. If awarded, the funds would be available to the City on July 1, 2023. If awarded, design, due diligence assessments and permitting are anticipated to begin September 30, 2023, for both projects. Ruby Creek Bridge removal construction anticipated to begin May 30, 2024. The cost estimate for the Annapolis Creek Culvert Design project is $500,000. A grant match of 15% ($75,000) is required from the City if this grant is awarded. For Ruby Creek, the costs are estimated at $2,179,816 with a 15% grant match from the City ($326,973). With Council's authorization to proceed with these projects, match funding is available in the Storm Drainage Budget for the 2023-2024 biennial budget cycle. Recommendation: Staff recommends that the City Council adopt a Resolution, thereby authorizing the Mayor and designees within the Public Works Department to apply for grant funding from the BAFBRB Program managed by the RCO, to commit to a grant match from the City for each project, and to execute all documentation necessary to effectuate the grant and pursue these projects. Page 181 of 295 Back to Agenda ,)tart Keport 8G Page 2of2 Relationship to Comprehensive Plan: N/A Motion for Consideration: I move to adopt a Resolution authorizing the Mayor to execute all documentation necessary to apply for and effectuate a grant from RCO to fund 100% design of the culvert replacement for the Bay Street/Annapolis Creek culvert repair, and to commit to a grant match of 15% from the City. Fiscal Impact: If authorized, the 2023-2024 Biennial budget will allocate $75,000 for the Annapolis Creek Culvert Design and $326,973 for the Ruby Creek Culvert Removal Project. Alternatives: None Attachments: Resolution and RCO Resolution/Authorization signed by AAG. Page 182 of 295 Back to Agenda A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR OR DESIGNEE TO APPLY FOR AND ACCEPT RCO GRANT FUNDING AND TO EXECUTE ALL NECESSARY DOCUMENTS TO EFFECTUATE THE GRANT. WHEREAS, this Resolution authorizes the person(s) identified herein to act as the authorized representative/agent on behalf of our organization and to legally bind our organization with respect to the Annapolis Creek Culvert Removal 100% design at Bay St. and Arnold Ave. Project (RCO # 21- 1496) and the Ruby Creek Culvert Removal at Sidney Rd. Project (RCO # 21-1498) (hereinafter, the "Projects") for which we seek grant funding assistance managed through the Recreation and Conservation Office (Office); and WHEREAS, grant assistance is requested by our organization to aid in financing the cost of the Project(s) referenced above; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: Our organization has applied for or intends to apply for funding assistance managed by the Office for the above "Project." Our organization authorizes the following persons or persons holding specified titles/positions (and subsequent holders of those titles/positions) to execute the following documents binding our organization on the above projects: Grant application (submission ther( Project contact (day-to- day administering of the grant and communicating with the RCO) RCO Grant Agreement Zack Holt Zack Holt Robert Putaansuu, Mayor Agreement amendments Robert Putaansuu, Mayor Authorizing property and Robert Putaansuu, Mayor real estate documents (Notice of Grant, Deed of Right or Assignment of Rights if applicable). These are items that are typical recorded on the property with the countv. Page 183 of 295 Back to Agenda Kesowtion ivo. Page 2 of 2 The above persons are considered an "authorized rep resentative(s)/agent(s)" for purposes of the documents indicated. Our organization shall comply with a request from the RCO to provide documentation of persons who may be authorized to execute documents related to the grant. The City Council further authorizes the persons or persons holding specified titles/positions (and subsequent holders of those titles/positions) identified on these attachments hereto to execute documents binding our organization on the above Projects. THAT: this Resolution, including all attachments hereto, are deemed to be part of the formal grant application to the Office. THAT: our organization warrants and certifies that this authorization was properly and lawfully adopted following the requirements of our organization and applicable laws and policies and that our organization has full legal authority to commit our organization to the warranties, certifications, promises and obligations set forth herein. 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 911 day of August 2022. ATTEST: Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 184 of 295 Back to Agenda WASHINGTON STATE Recreation and Conservation Office Applicant Resolution/Authorization Organization Name (sponsor) City of Port Orchard Resolution No. or Document Na Project(s) Number(s), and Name(s) Annapolis Creek (#21-1496) and Ruby Creek (#21-1498) This resolution/authorization authorizes the person(s) identified below (in Section 2) to act as the authorized representative/agent on behalf of our organization and to legally bind our organization with respect to the above Project(s) for which we seek grant funding assistance managed through the Recreation and Conservation Office (Office). WHEREAS, grant assistance is requested by our organization to aid in financing the cost of the Project(s) referenced above; NOW, THEREFORE, BE IT RESOLVED that: Our organization has applied for or intends to apply for funding assistance managed by the Office for the above "Project(s)." Our organization authorizes the following persons or persons holding specified titles/positions (and subsequent holders of those titles/positions) to execute the following documents binding our organization on the above projects: DocumentGrant Grant application (submission thereof) Zack Holt Project contact (day-to-day Zack Holt administering of the grant and with the RCO) _communicating RCO Grant Agreement (Agreement) Robert Putaansuu, Mayor amendments Robert Putaansuu, Mayor _Agreement Authorizing property and real estate Robert Putaansuu, Mayor documents (Notice of Grant, Deed of Right or Assignment of Rights if applicable). These are items that are typical recorded on the property with the county. The above persons are considered an "authorized rep resentative(s)/ag ent(s) " for purposes of the documents indicated. Our organization shall comply with a request from the RCO to provide documentation of persons who may be authorized to execute documents related to the grant. Page 185 of 295 Back to Agenda Our organization has reviewed the sample RCO Grant Agreement on the Recreation and Conservation Office's WEB SITE at: https://rco.wa.goy/wp-content/uploads/2019/06/SamplePro*Agreement.pdf. We understand and acknowledge that if offered an agreement to sign in the future, it will contain an indemnification and legal venue stipulation and other terms and conditions substantially in the form contained in the sample Agreement and that such terms and conditions of any signed Agreement shall be legally binding on the sponsor if our representative/agent enters into an Agreement on our behalf. The Office reserves the right to revise the Agreement prior to execution. 4. Our organization acknowledges and warrants, after conferring with its legal counsel, that its authorized representative(s)/agent(s) have full legal authority to act and sign on behalf of the organization for their assigned role/document. Grant assistance is contingent on a signed Agreement. Entering into any Agreement with the Office is purely voluntary on our part. 6. Our organization understands that grant policies and requirements vary depending on the grant program applied to, the grant program and source of funding in the Agreement, the characteristics of the project, and the characteristics of our organization. Our organization further understands that prior to our authorized representative(s)/agent(s) executing any of the documents listed above, the RCO may make revisions to its sample Agreement and that such revisions could include the indemnification and the legal venue stipulation. Our organization accepts the legal obligation that we shall, prior to execution of the Agreement(s), confer with our authorized representative(s)/agent(s) as to any revisions to the project Agreement from that of the sample Agreement. We also acknowledge and accept that if our authorized representative(s)/agent(s) executes the Agreement(s) with any such revisions, all terms and conditions of the executed Agreement shall be conclusively deemed to be executed with our authorization. Any grant assistance received will be used for only direct eligible and allowable costs that are reasonable and necessary to implement the project(s) referenced above. 9. [for Recreation and Conservation Funding Board Grant Programs Only] If match is required for the grant, we understand our organization must certify the availability of match at least one month before funding approval. In addition, our organization understands it is responsible for supporting all non -cash matching share commitments to this project should they not materialize. 10. Our organization acknowledges that if it receives grant funds managed by the Office, the Office will pay us on only a reimbursement basis. We understand reimbursement basis means that we will only request payment from the Office after we incur grant eligible and allowable costs and pay them. The Office may also determine an amount of retainage and hold that amount until all project deliverables, grant reports, or other responsibilities are complete. 11. [for Acquisition Projects Only] Our organization acknowledges that any property acquired with grant assistance must be dedicated for the purposes of the grant in perpetuity unless otherwise agreed to in writing by our organization and the Office. We agree to dedicate the property in a signed "Deed of Right" for fee acquisitions, or an "Assignment of Rights" for other than fee acquisitions (which documents will be based upon the Office's standard versions of those documents), to be recorded on the title of the property with the county auditor. Our organization acknowledges that any property Page 186 of 295 Back to Agenda acquired in fee title must be immediately made available to the public unless otherwise provided for in policy, the Agreement, or authorized in writing by the Office Director. 12. [for Development, Renovation, Enhancement, and Restoration Projects Only —If our organization owns the project property] Our organization acknowledges that any property owned by our organization that is developed, renovated, enhanced, or restored with grant assistance must be dedicated for the purpose of the grant in perpetuity unless otherwise allowed by grant program policy, or Office in writing and per the Agreement or an amendment thereto. 13. [for Development, Renovation, Enhancement, and Restoration Projects Only —If your organization DOES NOT own the property] Our organization acknowledges that any property not owned by our organization that is developed, renovated, enhanced, or restored with grant assistance must be dedicated for the purpose of the grant as required by grant program policies unless otherwise provided for per the Agreement or an amendment thereto. 14. [Only for Projects located in Water Resources Inventory Areas 1-19 that are applying for funds from the Critical Habitat, Natural Areas, State Lands Restoration and Enhancement, Riparian Protection, or Urban Wildlife Habitat grant categories; Aquatic Lands Enhancement Account; or the Puget Sound Acquisition and Restoration program, or a Salmon Recovery Funding Board approved grant] Our organization certifies the following: the Project does not conflict with the Puget Sound Action Agenda developed by the Puget Sound Partnership under RCW 90.71.310. 1 S. This resolution/authorization is deemed to be part of the formal grant application to the Office. 16. Our organization warrants and certifies that this resolution/authorization was properly and lawfully adopted following the requirements of our organization and applicable laws and policies and that our organization has full legal authority to commit our organization to the warranties, certifications, promises and obligations set forth herein. This resolution/authorization is signed and approved on behalf of the resolving body of our organization by the following authorized member(s): Signed Title Mayor Date On File at: Public Works Dept., City Hall This Applicant Resolution/Authorization was adopted by our organization during the meeting held: (Local Governments and Nonprofit Organizations Only): Location: Port Orchard City Council Meeting, City Hall Washington State Attorney General's Office Approved as to form��- 2/13/2020, Assistant Attorney Genera( Date You may reproduce the above language in your own format; however, text may not change. Page 187 of 295 Agenda Item No. City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Business Item 8H Agenda Staff Report Subject: Adoption of a Resolution Approving a Contract with Excel Business Systems, Inc. for the Maintenance of the Public Works Admin. Copier Meeting Date: Prepared by: Atty Routing No: Atty Review Date Back to Agenda August 9, 2022 Brandy Wallace, MMC City Clerk N/A N/A Summary: The City recently purchased the Public Works Administrative copier from Canon. It is standard practice to have a maintenance agreement on copiers. The vendor has agreed to a one year maintenance agreement. However, pursuant to RCW 42.23.030 (6)(a) limits the amount a municipal officer can benefit from a contract in which the total amount received under the contract or contracts to $1,500 in any calendar month. Because a councilmember does not meet that threshold, the City is interested in continuing to have Excel Business Systems, Inc. proved the maintenance on this copier. Relationship to Comprehensive Plan: N/A Recommendation: Staff recommends adopting a resolution and authorizing the Mayor to execute a maintenance agreement with Excel Business Systems, Inc. for the Public Works Admin copier. Motion for consideration: I move to adopt a resolution and authorize the Mayor to execute a 1-year maintenance agreement with the Excel Business Systems, Inc. for the Public Works Admin copier, as presented. Fiscal Impact: Funds have been designated as part of the 2021/2022 Biennial Budget. Alternatives: Do not approve and provide direction to staff. Attachments: Resolution and maintenance agreement. Page 188 of 295 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING A CONTRACT WITH EXCEL BUSINESS SYSTEMS FOR MAINTENANCE ON THE PUBLIC WORKS ADMIN COPIER. WHEREAS, the City recently purchased the Public Works Admin copier and is in need of a maintenance agreement; and WHEREAS, Excel Business Systems, has provided an agreement for a 1-year maintenance agreement; and WHEREAS, pursuant to RCW 42.23.030 (6)(a) limits the amount a municipal officer can benefit from a contract in which the total amount received under the contract or contracts to $1,500 in any calendar month. Because the councilmember does not meet that threshold, the City is interested in continuing the maintenance agreement on the copiers with the same vendor; and WHEREAS, city council authorizes the mayor to execute an agreement with Excel Business Systems for a 1-year maintenance agreement; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: Authorize the Mayor to execute the copier maintenance agreement for the Public Works Administration copier. 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 91h day of August 2022. ATTEST: Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 189 of 295 Back to Agenda EXFEL " BUSINESS SYSTEMS, INC. 360.443.2220 ■ 253.473.9663 w 800.922.9449 www.excelbusinesssystems.net Service Contract Client: CITY OF PORT ORCHARD Address: PUBLIC WORKS DEPARTMENT 216 PROSPECT STREET PORT ORCHARD, WA 98366 CUSTOMER #: P1008 Contact: BRANDY WALLACE Phone: 360-876-7030 Email: bwallace@cityofportorchard.us Equipment: CANON IR ADV C5550I Serial Number: WXD06192 Condition: USED Surge Protectors: YES Contract: imageCARE Gold Plus Please see imageCARE programs for complete details Billing Cycle: MONTHLY START: AUGUST 15, 2022 END: AUGUST 14, 2023 Black Color Scan Start Meter ** ** N/A Covered 1700 1800 N/A Additional images .00979 .06981 N/A RATE PER BILLING CYCLE: $142.30 *Does not include tax, overages and/or billing fees if applicable **METERS TO BE TAKEN ON 8115122 Please see back for complete Terms & Conditions Client Acceptance Signature: _ Date: AUGUST 15, 2022 Sales Rep: Mark Trenary Print Name: Page 190 of 295 Your Locally Owned Imaging Partner Excel Business Systems, Inc. imageCARE Service Contract General Terms and Conditions PURPOSE: This contract covers the cost for adjustments, repairs, and replacements of parts and supplies items, excluding staples and paper, necessitated by normal use of the equipment. All damages or losses resulting from accident, misuse, or other events such as fire, theft, water damage or ANY OTHER CAUSE EXTERNAL to the machine are not covered. The use of unauthorized parts, components, modifications, or personnel to effect repairs or changes will be considered misuse and repairs will be billed at the current billable rate. This contract does not cover loss of use or production. Services under this contract do not assure uninterrupted operation of the machine. Excel is not responsible for failure to render services due to causes beyond our control. TERMS: This Service Contract is effective for 36 months or as specified under Additional Terms as to each unit of newly purchased Equipment. The contract will be automatically renewed at 1 year terms unless written notice is received by Excel at least 30 days prior to the expiration date. The customer then agrees to pay the then current annual cost rate for the new contract. If the contract is not renewed, the Customer is responsible for returning all unused supplies to Excel's office at the Customer's expense. If supplies are not returned within 30 days of non -renewal of contract, Excel will invoice Customer for full retail value of supplies. If you cancel at anytime other than at least 30 days prior to the expiration date, we are not obligated to issue any credit invoice or refund. Additionally, Excel reserves the right to bill customer pro -rated usage for any maintenance kits, imaging units, or fuser units installed in customers equipment in the previous 60 days. PAYMENT DEFAULT OR BREACH OF CONTRACT: Failure to pay within 30 days of invoice for any payment due will put this contract on a credit hold. All parts and service rendered during that time period will be charged separately. If the Customer does not pay all charges, billed under the terms of this Contract, promptly when due, or in the event of a breach of any of the other terms of the Agreement, Excel may (1) refuse to service the equipment until remittance is made, (2) provide service on "Per Call" billable rates, (3) require C.O.D. payment in full at the time of service (and any supplies) at Excel's "Per Call" billable rates, and (4) take any and all other actions as provided by law. Such remedies shall be cumulative, and the waiver of any one breach by customer shall not be deemed a waiver or any other or subsequent breach. AMENDMENTS: Verbal agreements are not part of this contract. No one is authorized to change, alter, or amend the terms and conditions of this contract unless agreed to in writing by officers of Excel. This contract is nontransferable by the customer. MAINTENANCE: Execution of a contract service call will be made during normal business hours (8:30 to 5:00 Monday thru Friday) on the equipment specified on this contract. Work requested to be done outside Excel's normal working hours WILL BE CHARGED FOR at the current billable rate with a 4 hour MINIMUM charge. Periodic inspections for the purpose of rendering preventative maintenance (PM's) and servicing will be made on dates specified by Excel. These inspections will be based on a calendar year or meter schedule depending on the operating conditions of the equipment. All PM's will be performed as per FACTORY specified intervals. CUSTOMER OBLIGATIONS: Throughout the term of this contract you shall (1) monitor the machine operation and notify us if you determine that the equipment is in need of repair; (2) permit Excel to enter the property where the equipment is located to inspect it an any reasonable time; (3) provide Excel with a reasonable amount of space to make necessary inspections or repairs; (4) supply required electrical power; (5) take responsibility for the daily maintenance of equipment, to include (a) replacing toner and waste toner bottles as needed, (b) keeping the glass clean, (c) having proper supply inventory, (d) removal of occasional paper miss -feeds, and (e) provide Excel with accurate meter readings for billing. If you do not supply meters readings to Excel when requested, Excel reserves the right to estimate your meters, or send an Excel representative to your location at your expense. EXCLUSIONS: The following services are not covered under this contract and may cause this contract to be null and void without refund: (1) repair of damage or the replacement of maintenance parts caused by accident, disaster, neglect, abuse or misuse of the machine; (2) the use of parts, supplies, components, modifications or personnel to effect repairs on the machine not approved by Excel as 'suitable' for your particular machine(s); (3) transportation or relocation; (4) relocation of machine(s) outside of Excel's authorized servicing area; (5) circuit board repairs or replacement costs when you do not have your machine connected to an Excel approved surge protection device; (6) service calls caused by any additions to, or changes to the customer's computer or network environment. Customer's network is defined as anything on the network side of the cable connecting the machine to the local area network. If customer network service is required, those services can be provided by Excel on a billable basis at the current billable rate. If your customer account is current the billable rate maybe discounted by 30%. Page 191 of 295 Agenda Item No.: Subject: City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Business Item 81 Adoption of a Resolution Approving a Meeting Date: Prepared by: Back to Agenda August 9, 2022 Jacki Brown Contract with KCI Technologies, Inc. for Utility Manager Asset Management Strategic Planning Atty Routing No.: 366922-0009 — PW Atty Review Date: August 2, 2022 Summary: The City has identified a need for an Asset Management Plan to document and track the City's infrastructure. The City desires the assistance of a consultant with expertise in asset management plans to help develop an Asset Management Plan, and to assist in determining the type of asset management software program that best meet the needs of the City. Accordingly, staff utilized the procurement process for this professional service set out in state law and in the City's Procurement Policies Resolution No. 036-22, as amended. On May 27, 2022, the City's Public Works Department established a list of qualified consultants for the project from the MRSC 2022 Consultant Roster for the Main Category — Financial Services -Information Technology Services and Sub -Category — Asset Management, Data Infrastructure Management. On June 8, 2022, the City's Public Works Department issued an email Request for Proposals (RFP) to four (4) qualified consultants selected from the roster. Note that one of the identified, qualified consultants, formed a new consulting firm during the pendency of the call for proposals —both firms received a copy of the RFP. By the due date of June 28, 2022, the City received one (1) Statement of Qualifications from KCI Technologies, Inc. After reviewing the Statement of Qualifications and verifying the Consultant's information, Public Works Staff determined KCI Technologies, Inc. met the requirements and criteria as described in the RFP and was a responsible and responsive consultant for the project. On July 7, 2022, Public Works Staff met with KCI Technologies, Inc. to discuss, clarify and develop the project understanding and the associated contract terms. On August 1, 2022, the City received a defined Scope of Work, Budget and Project Timeline from KCI Technologies, Inc for the project, in an amount not to exceed $99,932.80. Recommendation: Staff recommends adoption of Resolution No. 077-22, authorizing the Mayor to execute Contract No. C079-22 with KCI Technologies, Inc for the Asset Management Program Strategic Planning Phase in an amount not to exceed $99,932.80 and documenting the Professional Services procurement procedures. Relationship to Comprehensive Plan: Utilities Motion for Consideration: I move to adopt Resolution No. 077-22, authorizing the Mayor to execute Contract No. C079-22 with KCI Technologies, Inc for the Asset Management Program Strategic Planning Project in an amount not to exceed $99,932.80. Page 192 of 295 Back to Agenda 5tatt Report 81 Page 2 of 2 Fiscal Impact: There is funding available in the 2021-2022 Budget. (002.05.543.30.40-25%, 411.05.534.10.40-25%, 421.05.531.10.40-25%, 431.05.535.10.40-25%) Alternatives: Do not authorize and provide alternative guidance. Attachments: Resolution No. 077-22 Contract No.0079-22 Exhibits A and B KCI Technologies, Inc Scope of Work and Fees (dated 0810112022) Page 193 of 295 Back to Agenda RESOLUTION NO.077-22 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE CONTRACT NO. C079-22 WITH KCI TECHNOLOGIES, INC. FOR CONSULTANT SERVICES FOR ASSET MANAGEMENT PROGRAM STRATEGIC PLANNING PHASE AND DOCUMENTING PROFESSIONAL SERVICES I]39Z4111:44Al141,1A�:Z�Z WHEREAS, the City has identified a need for an Asset Management Plan to document and track the City's infrastructure; and WHEREAS, the City desires the assistance of a consultant with expertise in asset management programs to help develop an Asset Management Plan, and to plan for the type of asset management software program that would best meet the needs of the City; and WHEREAS, on May 27, 2022, pursuant to the City's Procurement Policies Resolution No. 036-22, as amended, the City's Public Works Department established a list of qualified consultants for the project from the MRSC 2022 Consultant Roster for the Main Category — Financial Services -Information Technology Services and Sub -Category — Asset Management, Data Infrastructure Management; and WHEREAS, on June 8, 2022, the City's Public Works Department issued an email Request for Proposals (RFP) to four (4) qualified consultants selected from the MRSC 2022 Consultant Roster; and WHEREAS, by the due date of June 28, 2022, the City received one (1) Statement of Qualifications from KCI Technologies, Inc.; and WHEREAS, after reviewing the Statement of Qualifications and verifying the Consultants information, Public Works Staff determined KCI Technologies, Inc., met the requirements and criteria as described in the RFP and was a responsible and responsive consultant for the project; and WHEREAS, on July 7, 2022, Public Works Staff met with KCI Technologies, Inc., to discuss, clarify and develop the project understanding and the associated contract terms; and WHEREAS, on August 1, 2022, the City received a defined Scope of Work, Budget and Project Timeline for the Project, in an amount not to exceed $99,932.80; and WHEREAS, the Port Orchard City Council believes KCI Technologies, Inc. to be the most highly qualified consulting firm for this Project; 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, Page 194 of 295 Back to Agenda Resolution ivo. uii-1z Page 2of2 THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES FIX1IT9]KO]TiTI-Is 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 and authorizes the Mayor to execute Contract No. C079-22 with KCI Technologies, Inc. for the Asset Management Program Strategic Planning Phase Consultant. 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 91" day of August 2022. ATTEST: Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 195 of 295 Back to Agenda Port Orchard Contract #: C079-22 Authorized Amount: $99,932.80 Date Start: August 9, 2022 Date End: February 28, 2023 CONSULTANT SERVICES AGREEMENT ASSET MANAGEMENT PROGRAM STRATEGIC PLANNING PHASE CONSULTANT THIS AGREEMENT is entered into by and between the City of Port Orchard, Washington, a municipal corporation organized under the laws of the State of Washington ("City") and KCI Technologies, Inc., ("Consultant") organized under the laws of the State of Delaware, located and doing business at 936 Ridgebrook Road, Sparks, MD 21152-9390, Contact: Heidi Hammel Principal -in -Charge, Phone: (410) 527-4415, Email: heidi.hammel@kci.com (hereinafter the "Consultant"). RECITALS: WHEREAS, the City desires to have certain services performed for its residents; and WHEREAS, the City has selected the Consultant to perform such services pursuant to certain terms and conditions; and NOW, THEREFORE, in consideration of the mutual benefits and conditions set forth below, the parties agree as follows: AGREEMENT: 1. Scope of Services to be Performed by Consultant. The Consultant shall perform those services described on Exhibit "A," which is attached hereto and incorporated herein bythis reference as if set forth in full. In performing such services, the Consultant shall at all times comply with all federal, state, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Consultant shall perform the services diligently and completely and in accordance with professional standards of conduct and performance. The Consultant shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. If the services provided hereunder are funded in whole or in part under a Grant Funding Agreement, then Consultant will comply with the terms of such Grant Funding Agreement to ensure that the City is able to obtain the maximum funding under such Grant Funding Agreement. If this applies, the City will provide the Consultant with a copy of the Grant Funding Agreement. City of Port Orchard and KCI Technologies, Inc Professional Service Agreement Contract No. C079-22 Asset Management Program Strategic Planning Phase Consultant Page 1 of 17 Updated 4/2022 IBDR Page 196 of 295 Back to Agenda 2. Compensation. The City shall pay the Consultant for services rendered according to the rates and methods set forth below. [Check all applicable payment terms] ❑ LUMP SUM. Compensation for these services set forth in Exhibit A shall be a Lump Sum of $ 0 TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed $99,932.80 without written authorization and will be based on the list of billing rates and reimbursable expenses attached hereto as Exhibit "B." ❑ TIME AND MATERIALS. Compensation for these services shall be on a time and materials basis according to the list of billing rates and reimbursable expenses attached hereto as Exhibit „B ❑ OTHER 3. 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. City of Port Orchard and KCI Technologies, Inc Professional Service Agreement Contract No. C079-22 Asset Management Program Strategic Planning Phase Consultant Page 2 of 17 Updated 4/2022 IBDR Page 197 of 295 Back to Agenda 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. The City shall pay the Consultant for services rendered within ten (10) days after City Council voucher approval. However, if the City objects to all or any portion of an invoice, it shall notify Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the Parties will immediately make every effort to settle the disputed portion. F. The City reserves the right to direct the Consultant's compensated services before reaching the maximum amount. 4. Duration of Agreement. A. This Agreement shall be in full force and effect for a period commencing on August 9, 2022 and ending February 28, 2023 unless sooner terminated under the provisions of this Agreement. The City reserves the right to offer two (2) one-year extensions prior to expiration of the Agreement to retain the Consultant's services. B. Time is of the essence of this Agreement in each and all of its provisions in which performance is required. If delays beyond the Consultant's reasonable control occur, the Parties will negotiate in good faith to determine whether an extension is appropriate. C. The Consultant shall obtain a City of Port Orchard business license prior to commencing work pursuant to a written Notice to Proceed. D. The Consultant is authorized to proceed with services upon receipt of a written Notice to Proceed. 5. 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. 6. Ownershio and Use of Documents. A. Ownership. Any records, files, documents, drawings, specifications, data, or information, regardless of form or format, and all other materials produced by the Consultant in City of Port Orchard and KCI Technologies, Inc Professional Service Agreement Contract No. C079-22 Asset Management Program Strategic Planning Phase Consultant Page 3 of 17 Updated 4/2022 IBDR Page 198 of 295 Back to Agenda connection with the services provided to the City, shall be the property of the City whether the project for which they were created is executed or not. B. Records preservation. Consultant understands that this Agreement is with a government agency and thus all records created or used in the course of Consultant's work for the City are considered "public records" and are subject to disclosure by the City under the Public Records Act, Chapter 42.56 RCW ("the Act"). Consultant agrees to safeguard and preserve records in accordance with the Act. The City may be required, upon request, to disclose the Agreement, and the documents and records submitted to the City by Consultant, unless an exemption under the Public Records Act applies. If the City receives a public records request and asks Consultant to search its files for responsive records, Consultant agrees to make a prompt and thorough search through its files for responsive records and to promptly turn over any responsive records to the City's public records officer at no cost to the City. 7. Relationship of the Parties; Independent Consultant. 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 City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Consultant, or any employee 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. Indemnification. 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 attorneys' fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the negligence of the City. City of Port Orchard and KCI Technologies, Inc Professional Service Agreement Contract No. C079-22 Asset Management Program Strategic Planning Phase Consultant Page 4 of 17 Updated 4/2022 IBDR Page 199 of 295 Back to Agenda Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THIS WAIVER HAS BEEN MUTUALLY NEGOTIATED BY THE PARTIES. The provisions of this section shall survive the expiration or termination of this Agreement. 9. Insurance. The Consultant shall procure and maintain for the duration of the 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: 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. ii. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent Consultants and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. iii. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. iv. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits: City of Port Orchard and KCI Technologies, Inc Professional Service Agreement Contract No. C079-22 Asset Management Program Strategic Planning Phase Consultant Page 5 of 17 Updated 4/2022 IBDR Page 200 of 295 Back to Agenda Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. ii. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. iii. 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 Provision. The Consultant's Automobile Liability, Commercial General Liability, and Professional Liability insurance policies are to contain, or be endorsed to contain, that they shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 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. F. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. G. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days' notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. H. No Limitation. Consultant's maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. 10. Record Keeping and Reporting. A. The Consultant shall maintain accounts and records, including personnel, property, financial, and programmatic records, which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed pursuant to this Agreement. The City of Port Orchard and KCI Technologies, Inc Professional Service Agreement Contract No. C079-22 Asset Management Program Strategic Planning Phase Consultant Page 6 of 17 Updated 4/2022 IBDR Page 201 of 295 Back to Agenda Consultant shall also maintain such other records as may be deemed necessary by the City to ensure proper accounting of all funds contributed by the City to the performance of this Agreement. B. The foregoing records shall be maintained for a period of seven (7) years after termination of this Agreement unless permission to destroy them is granted by the Office of the Archivist in accordance with Chapter 40.14 RCW and by the City. 11. City's Right of Inspection and Audit. A. Even though the Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure the satisfactory completion thereof. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or become applicable within the terms 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. B. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by the City during the performance of this Agreement. All work products, data, studies, worksheets, models, reports, and other materials in support of the performance of the service, work products, or outcomes fulfilling the contractual obligations are the products of the City. 12. 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. 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. 13. Termination. 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. City of Port Orchard and KCI Technologies, Inc Professional Service Agreement Contract No. C079-22 Asset Management Program Strategic Planning Phase Consultant Page 7 of 17 Updated 4/2022 IBDR Page 202 of 295 Back to Agenda i. 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. ii. 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 the "Notices" Section herein. F. Nothing in this Subsection shall prevent the City from seeking any legal remedies it may otherwise have for the violation or nonperformance of any provisions of this Agreement. 14. Discrimination Prohibited. 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. City of Port Orchard and KCI Technologies, Inc Professional Service Agreement Contract No. C079-22 Asset Management Program Strategic Planning Phase Consultant Page 8 of 17 Updated 4/2022 IBDR Page 203 of 295 Back to Agenda B. Violation of this Section 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. 15. Force Majeure. Notwithstanding anything to the contrary in this Agreement, any prevention, delay or stoppage due to strikes, lockouts, labor disputes, acts of God, acts of war, terrorist acts, inability to obtain services, labor, or materials or reasonable substitutes therefor, governmental actions, governmental laws, regulations or restrictions, civil commotions, casualty, actual or threatened public health emergency (including, without limitation, epidemic, pandemic, famine, disease, plague, quarantine, and other significant public health risk), governmental edicts, actions, declarations or quarantines by a governmental entity or health organization, breaches in cybersecurity, and other causes beyond the reasonable control of the Party obligated to perform, regardless of whether such other causes are (i) foreseeable or unforeseeable or (ii) related to the specifically enumerated events in this paragraph (collectively, a "Force Majeure"), shall excuse the performance of such Party for a period equal to any such prevention, delay or stoppage. To the extent this Agreement specifies a time period for performance of an obligation of either Party, that time period shall be extended by the period of any delay in such Party's performance caused by a Force Majeure. Provided however, that the current COVID-19 pandemic shall not be considered a Force Majeure unless constraints on a Party's performance that result from the pandemic become substantially more onerous after the effective date of this Agreement. 16. Assignment and Subcontract. The Consultant shall not assign or subcontract any portion of the services contemplated by this Agreement without the prior written consent of the City. Any assignment made without the prior approval of the City is void. 17. Conflict of Interest. The Consultant represents to the City that it has no conflict of interest in performing any of the services set forth in Exhibit "A." In the event that the Consultant is asked to perform services for a project with which it may have a conflict, Consultant will immediately disclose such conflict to the City. 18. Confidentiali All information regarding the City obtained by the Consultant in performance of this Agreement shall be considered confidential. Breach of confidentiality by the Consultant shall be grounds for immediate termination. 19. Non -Appropriation of Funds. City of Port Orchard and KCI Technologies, Inc Professional Service Agreement Contract No. C079-22 Asset Management Program Strategic Planning Phase Consultant Page 9 of 17 Updated 4/2022 IBDR Page 204 of 295 Back to Agenda If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will so notify the Consultant and shall not be obligated to make payments for services or amounts incurred after the end of the current fiscal period. This Agreement will terminate upon the completion of all remaining services for which funds are allocated. No penalty or expense shall accrue to the City in the event that the terms of the provision are effectuated. 20. Employment of State Retirees. The City is a "DRS-covered employer" which is an organization that employs one or more members of any retirement system administered by the Washington State Department of Retirement Systems (DRS). Pursuant to RCW 41.50.139(1) and WAC 415-02-325(1), the City is required to elicit on a written form if any of the Contractor's employees providing services to the City retired using the 2008 Early Retirement Factors (ERFs), or if the Contractor is owned by an individual who retired using the 2008 ERFs, and whether the nature of the service and compensation would result in a retirement benefit being suspended. Failure to make this determination exposes the City to significant liability for pension overpayments. As a result, before commencing work under this Agreement, Contractor shall determine whether any of its employees providing services to the City or any of the Contractor's owners retired using the 2008 ERFs, and shall immediately notify the City and shall promptly complete the form provided by the City after this notification is made. This notification to DRS could impact the payment of retirement benefits to employees and owners of Contractor. Contractor shall indemnify, defend, and hold harmless the City from any and all claims, damages, or other liability, including attorneys' fees and costs, relating to a claim by DRS of a pension overpayment caused by or resulting from Contractor's failure to comply with the terms of this provision. This provision shall survive termination of this Agreement. 21. Entire Agreement. This Agreement contains the entire agreement between the parties, and no other agreements, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind either of the parties. If there is a conflict between the terms and conditions of this Agreement and the attached exhibits, then the terms and conditions of this Agreement shall prevail over the exhibits. Either party may request changes to the Agreement. Changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. 22. Non -waiver of Breach. The failure of either party to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein contained in one or more instances, shall not be construed to be a waiver or relinquishment of said covenants, agreements, or options, and the same shall be in full force and effect. City of Port Orchard and KCI Technologies, Inc Professional Service Agreement Contract No. C079-22 Asset Management Program Strategic Planning Phase Consultant Page 10 of 17 Updated 4/2022 IBDR Page 205 of 295 Back to Agenda 23. 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. 24. Notices. All notices or other communications required or permitted under this Agreement shall be in writing and shall be (a) personally delivered, in which case the notice or communication shall be deemed given on the date of receipt at the office of the addressee; (b) sent by registered or certified mail, postage prepaid, return receipt requested, in which case the notice or communication shall be deemed given three (3) business days after the date of deposit in the United States mail; or (c) sent by overnight delivery using a nationally recognized overnight courier service, in which case the notice or communication shall be deemed given one business day after the date of deposit with such courier. In addition, all notices shall also be emailed, however, email does not substitute for an official notice. Notices shall be sent to the following addresses: Notices to the City of Port Orchard shall be sent to the following address: City Clerk City of Port Orchard 216 Prospect Street Port Orchard, Washington 98366 BwaIIace@cityofportorchard.us Phone:360.876.4407 Fax: 360.895.9029 Notices to the Consultant shall be sent to the following address: KCI Technologies Inc. Ridgebrook Kd. Sparks, MD 21152 Phone No.: 443-534-2908 Email: Heidi. Hammel@kci.com 25. Resolution of Disputes; 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 City of Port Orchard and KCI Technologies, Inc Professional Service Agreement Contract No. C079-22 Asset Management Program Strategic Planning Phase Consultant Page l l of 17 Updated 4/2022 IBDR Page 206 of 295 Back to Agenda 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. 26. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or become applicable during the term of this Agreement to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations. 27. 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: A. 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. B. 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. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all City of Port Orchard and KCI Technologies, Inc Professional Service Agreement Contract No. C079-22 Asset Management Program Strategic Planning Phase Consultant Page 12 of 17 Updated 4/2022 IBDR Page 207 of 295 Back to Agenda 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. D. 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. E. 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: i. withholding payments to the Consultant under the Agreement until the contractor complies; and/or ii. cancelling, terminating, or suspending the Agreement, in whole or in part. F. 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. 28. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. 29. Severability. Any provision or part of this Agreement held to be void or unenforceable under any law or regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon the City and the Consultant, who agree that the Agreement shall be reformed to replace such stricken City of Port Orchard and KCI Technologies, Inc Professional Service Agreement Contract No. C079-22 Asset Management Program Strategic Planning Phase Consultant Page 13 of 17 Updated 4/2022 IBDR Page 208 of 295 Back to Agenda provision or part with a valid and enforceable provision that comes as close as reasonably possible to expressing the intent of the stricken provision. IN WITNESS WHEREOF, the City and the Consultant have executed this Agreement as of the dates listed below. CONSULTANT KCI Technologies, Inc. By: Title: Vice President Date: 8/4/2022 CITY OF PORT ORCHARD City of Port Orchard and KCI Technologies, Inc Professional Service Agreement Contract No. C079-22 Asset Management Program Strategic Planning Phase Consultant M Robert Putaansuu, Mayor Date: ATTEST/AUTHENTICATE Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM Port Orchard City Attorney's Office Page 14 of 17 Updated 4/2022 IBDR Page 209 of 295 Back to Agenda EXHIBIT A Scope of Services to be Provided by Consultant. The Consultant shall furnish services including, but not limited to, the following outlined here or attached separately. City of Port Orchard and KCI Technologies, Inc Professional Service Agreement Contract No. C079-22 Asset Management Program Strategic Planning Phase Consultant Page 15 of 17 Updated 4/2022 IBDR Page 210 of 295 Exhibit A Back to Agenda ASSET MANAGEMENT PROGRAM STRAi r_uiu rLHlvw llvu Scope of Services Our team is committed to fostering a collaborative work environment to maintain an open and efficient project delivery environment. This scope of services assumes the City's project manager will serve as the central coordinator for scheduling meetings, workshops, etc., and will secure adequate meeting space and resources as needed. Our scope of services is organized into the following tasks: • Task 1: Project Initiation, Data Request, and Coordination • Task 2: Asset Management (AM) Current Practices, AM Policy, and AM Objectives Development • Task 3: Asset Management Strategic Plan (SAMP) • Task 4: Asset Management Software Research and Technical Requirements The following describes the proposed tasks necessary to complete the scope of work and schedule: TASK 1: PROJECT INITIATION, DATA REQUEST, AND COORDINATION U: PROJECT INITIATION This task will begin with a formal kickoff meeting with the Project Manager and key stakeholders within the City. The meeting agenda will include: • Introductions: The KCI project team and the City's attendees. • Administrative details: Communication protocols; points of contact; invoicing, etc. • Review project scope and schedule: Review the plan and identify key City staff to engage in each workshop/meeting/interview. • Data request: KCI will facilitate a discussion of the availability of existing information/documentation that supports project task delivery. Examples include existing performance measures, the City's Strategic Plan, organization chart, etc. The project initiation task focuses on identifying the City's Asset Management (AM) project team and the City providing enough introductory information of team members to bring everyone to a collective understanding of strategic asset management planning and the associated development process. The KCI team will provide an asset management "kick-start" session for the City's AM project team to lay the foundation for the rest of the project. Core topics to be covered include: • Strategic Asset Management Plan (SAMP) definition "What is included in a SAMP?" • Asset Management Plan (AMP) Overview "What does an AMP look like?" • An overview of what the development process looks like for the City's AM project team. KCI TECHNOLOGIES, INC. - PROJECT APPROACH Page 211 of 295 � W-W—� ASSET MANAGEMENT PROGRAM STR 1.2: DATA REQUEST The KCI team will begin with a review of business and planning documents requested of and provided by the City such as: • Strategic plans • Performance Measures documentation • Operational & Maintenance plans • Organizational charts • SOPs • Monthly performance reports • Other documentation of existing information systems and business processes relevant to the project. The documents listed above provide KCI with a clearer picture of how the City operates, how the City delivers services to customers/citizens, and the stewardship of its asset investments. 1.3: PROJECT COORDINATION KCI's project manager will work closely with both the City's project manager and the KCI team members to confirm all tasks are completed on schedule, within budget, and of high quality. The project manager is responsible for submitting project deliverables and will perform these key activities: • Prepare monthly progress reports and submit to the City monthly. The report documents work accomplishments, percent complete, planned activity, issues for resolution, and the project's financial status. • Conduct Bi-Weekly meetings with the City's project manager and appropriate stakeholders. • Maintain the project schedule and update only after discussion of the project schedule with the City's project manager and submit the updated project schedule to the City's project manager. • Coordination of various workshops, interviews, and review sessions. Deliverables • Kickoff meeting and meeting minutes (MS Word) • SAMP definition presentation (MS PowerPoint) • AMP Overview presentation (MS PowerPoint) • Invoice and Progress monthly reports (PDF) KCI TECHNOLOGIES, INC. - PROJECT APPROACH Page 212 of 295 M lac c�to Agenda ASSET MANAGEMENT PROGRAM STRA i E_uiu rLFANIN llvu TASK 2: AM CURRENT PRACTICES, AM POLICY, AND AM OBJECTIVES 2.1: CURRENT ASSET MANAGEMENT PRACTICES To understand where you are going, you first need to know what your intended destination is. Therefore, in a workshop setting, the KCI team will facilitate discussions centered around the City's managers and staff current understanding of asset management principles and concepts. The KCI team will ask AM relevant questions, document the discussion, and identify AM maturity gaps. 2.2: ASSET MANAGEMENT POLICY AND AM OBJECTIVES DEVELOPMENT The KCI team develops and documents the following foundational elements of a SAMP: an asset management policy, objectives, and strategies. The AM Policy is typically a one -to -three -page document that lays out priorities, commitments, and support required by City directors and elected officials. The AM Policy is critical to the development and continued support and funding required to sustain the development of an Asset Management Program. KCI will facilitate workshops to review the City's and Management's vision and AM goals. The objectives and strategies are more tactical and begin unfolding how the City will meet the vision for the AM Program. Examples will be shared with the City to foster conversation, AM policy, objectives, and strategies defined by the City will guide development of the AM framework. During this work session, the group will also discuss potential barriers and roadblocks, which can influence asset management decision -making. 411Ali 4CII]&I4;tl11143 KCI will facilitate levels of service (LOS) workshops consisting of key stakeholder groups from each of the City's RFP defined "Service Profiles'; an informational LOS presentation will kick off each of the workshops. KCI will compile and organize the input from each workshop to produce draft Levels of Service. KCI and the management team will review and adjust as needed to align with the City's vision. Deliverables • Stakeholder interview notes (MS Word) • Draft AM Policy and presentation (MS PowerPoint) • Draft AM Objectives and presentation (MS PowerPoint) • Draft Levels of Service and presentation (MS Word) TASK 3: STRATEGIC ASSET MANAGEMENT PLAN (SAMP) 3.1: ASSET MANAGEMENT FRAMEWORK This task aims to build upon the current way of doing business and envelop it in a strategic, written framework. The Institute of Asset Management (IAM) provides suggested content guidelines for SAMPs, which will be used to guide the development of the AM Framework for the City. The KCI team will work collaboratively with the City's project team to build upon the work performed in previous tasks to produce an initial framework in line with IAM guidelines. The KCI team will step through the process of developing the framework over the course of four work sessions. Existing documentation, GIS information, and institutional knowledge within the KCI team will be leveraged to prepare materials in advance of the work sessions. Each session's focus will align with core framework elements: KCI TECHNOLOGIES, INC. - PROJECT APPROACH Page 213 of 295 ASSET MANAGEMENT PROGRAM STR uit rLHiviviivu Current asset management maturity and asset management capabilities (enablers) Current state of assets Performance measures aligned Lwith Levels of Service Meetings KCI observation notes focused on the 2-hour information management and technology business area and elements and identified baseline score. Summary of the asset portfolio, identified 2-hour feature classes, field characteristics, asset attribution (quantity and quality) for each of the existing GIS feature classes. LOS and Performance Measures Framework 2-hour including performance measure examples. • Stakeholder interviews (3, 2-hour) • Asset portfolio discussion meeting (2 hours) Deliverables • Stakeholder interview notes (MS Word) • LOS and Performance Measure Framework (MS Excel) 3.2: ASSET INVENTORY KCI will reference observations from the "Asset portfolio summary' document as a starting point for this task. KCI will review asset data to gain understanding the current state of the assets as it relates to inventory, condition, and attribute completeness/accuracy. The inventory of record for the City is stored in Asset Panda's database. In addition, SeeClickFix is currently being used for public engagement and contains some work order data, which will be leveraged to assess asset performance and past maintenance costs. Asset data that resides in non -conforming ODBC data formats will be summarized in the narrative summary. KCI will assess the various GIS data sources with the goal of identifying attribution gaps, however, if a data source shows inconsistent data attribution and or is void of valid proportional attribution, KCI may not have the ability to identify all the asset -specific data gaps. This task aims to answer the core question of What do I own? And where is it? Deliverables • Asset Inventory narrative overview (MS Word) • Summary Table of GIS data assessment and gaps (MS Word) 3.3: OVERVIEW CONDITION ASSESSMENT AND REMAINING USEFUL LIFE KCI's methodology aligns with industry standards and is used as the basis for quantifying remaining useful life. KCI will make a request to the City's project manager for all relevant existing documentation related to inspection and condition procedures. KCI will review and analyze documents provided by the City and include relevant examples in the Condition Workshop. KCI will facilitate a 2-hour Condition Overview Workshop to inform management and staff on AM best practices as they relate to the condition. KCI will also include the steps to performing a "desktop" condition assessment. The workshop will include an overview presentation, City examples, and other examples from other organizations, and collaboratively develop initiatives to prepare and close the City's gaps. KCI TECHNOLOGIES, INC. - PROJECT APPROACH Page 214 of 295 'Back to Age ASSET MANAGEMENT PROGRAM STRA i r-viu rLHivi77 Deliverables • Condition Overview Presentation (MS PowerPoint) • Documentation of the draft initiatives developed in the workshop (MS Word) 3.4: LIFECYCLE MANAGEMENT STRATEGY KCI will facilitate a 3-hour workshop on Lifecycle Management Strategy. KCI will provide an overview of what a Lifecycle Management Strategy is and how they apply to the City. Typical Iifecycle management strategies are: Run to failure, Routine inspection, Preventive, Risk -Based, etc. In a workshop setting, we will identify the City's current Iifecycle management as well as identify the City's preferred strategy. This will help guide KCI in developing a plan that will move the City from its current state to a more proactive state. KCI will also provide guidance on default attributes for an asset. Deliverables • Workshop Agenda • Overview Presentation (MS PowerPoint) • Current and Future Identified Lifecycle Management Strategies by Asset (MS Word) 3.5: STRATEGIC INITIATIVES AND ROADMAP Over the course of this project all types of information and data were collected, through interviews, document requests, observation data, and City staff input. The KCI team will draft a series of implementation initiatives to share, discuss, and refine with the City. KCI will facilitate this strategically focused workshop to review and prioritize. Initiatives will be evaluated based on expected short and near -term benefits (i.e., cost, efficiency, levels of service, regulatory compliance, and stewardship) to the City, as well as alignment with asset management best practices, vision, and the City's strategic goals. The Roadmap will include the initiatives, initiative description, priority, qualitative planning time, and level of effort. Implementation initiatives documented at the end of the SAMP will also guide the City in the next steps of the asset management journey, progressing toward a data -driven, defensible, and sustainable City-wide improvement in data accuracy. Meetings: • Framework workshops (4, 2-hour) • Review Session 0 hour) Deliverables • Roadmap - Final Initiatives List (MS Word) 3.6: SAMP DEVELOPMENT A culmination of all previous work will be reflected in the SAMP, KCI will develop a Draft and Final Strategic Asset Management Plan (SAMP)for the City. The table of contents is anticipated to include the following sections: 1. Introduction to Asset Management 2. The Asset Management Program KCI TECHNOLOGIES, INC. - PROJECT APPROACH Page 215 of 295 � W_W� ASSET MANAGEMENT PROGRAM STR a. Purpose, goals, and objectives b. Stakeholders 3. Levels of Service and Performance Management 4. Asset Inventory 5. Current State of the Assets 6. Lifecycle Management Strategies 7. Roadmap Initiatives KCI will deliver a draft SAMP document for City review. A review session will be facilitated to walk through the document and solicit feedback from the City. A final SAMP will be developed incorporating feedback and delivered to the City. Deliverables • Draft SAMP (MS Word) • Working SAMP review session(s) • Strategic Asset Management Plan (SAMP) document (MS Word) TASK 4: ASSET MANAGEMENT SOFTWARE REQUIREMENTS 4.1: ASSET MANAGEMENT SOFTWARE TECHNICAL REQUIREMENTS The implementation of Asset Management Software will affect many users within the City, whether they work with it on a day-to-day basis, provide inputs to the system, or receive reports from the system. In addition, there are capabilities and functions that could improve current business practices and provide data to improve decision -making. It is important to not only capture existing requirements, but also explore those "nice to have" items that would help users in performing their job functions. By interviewing staff and leveraging lessons learned from other municipalities, KCI will develop a set of core software requirements that categorizes and prioritizes the requirements. Cataloging requirements in an Excel spreadsheet with tabs for each category is the easiest method to review, reference, and augment them. In addition, columns may be added for the software vendors to directly respond to each functionality and the vendor scoring may be performed directly in the spreadsheet, which provides a single source for requirements, vendor responses, and scoring matrix for evaluation. Candidate functional requirement categories include: • Work Order Management • Service Requests • Mobile • Inspections • Warehousing • Preventive Maintenance • Reporting / Dashboarding • GIS / Mapping • Lifecycle Management Technical requirements refer to those requirements related to the system such as system architecture, database, authentication, cloud versus on -premises, disaster recovery, integration patterns, service level agreements, software version compatibility, etc. If the City does not prefer cloud hosted versus an on -premises implementation, then tabs could be created for each option KCI TECHNOLOGIES, INC. - PROJECT APPROACH Page 216 of 295 Back to Agenda ASSET MANAGEMENT PROGRAM STRA i r-viu r- LAN 1'41ivu and the relevant requirements. The KCI team has several versions of starting requirements to use for discussion to leverage previous lessons learned. KCI will facilitate two 2-hour work sessions to identify requirements for an Asset Management System. From these meetings, a list of requirements will be developed and reviewed with City stakeholders. Once the requirements are finalized, KCI will assist with the identification of 2-3 software candidates for the City to consider further reviewing, arranging for demonstrations and ultimately selecting for implementation. Deliverables • Stakeholder interviews (2, 2-hour) • AM Software Requirements document (MS Excel) • Review session • 2-3 Asset Management System software candidates Schedule The KCI team estimates this project to be five (5) months in duration depending upon City availability and schedule. The graphic below gives the City an idea of the sequencing and duration of tasks. Task 1: Project Initiation and Coordination 135 8/15/22 12/31/22 1.1 Project Initiation Kickoff Meeting onsite 1.2 Data Request 1.3 Project Management, Coordination & Reporting Task 2: AM Current Practices, AM Policy, and AM Objectives 36 8/24/22 9/30/22 2.1 Asset Management Current Practices 2.2 Draft Asset Management Policy & AM Objectives 2.3 Levels of Service Task 3: Asset Management Strategic Plan (SAMP) 75 1013/22 12/15/22 3.1 Asset Management Framework 3.2 Asset Inventory 3.3 Overview Condition Assessment and Remail useful Life 3.4 Lifec cle Management Strategy 3.5 Strategic Iniativies and Roadma 3.65AMP Development 4.1 Asset Management Software Technical Requirements 1 Cost The fee for the scope of services is as follows: Task 1: Project Initiation and Coordination $13,923.20 Task 2: AM Current Practices, AM Policy, and AM Objectives $19,994.60 Task 3: Asset Management Strategic Plan (SAMP) $55,377.80 Task 4: Asset Management Software Requirements $10,637.20 Cost Estimate Total $99,932.80 KCI TECHNOLOGIES, INC. - PROJECT APPROACH Page 217 of 295 Ni Back to Agenda EXHIBIT B Rates for Services to be Provided bV Consultant. The Consultant shall furnish the services in accordance with the rates specified below or attached hereto, as Exhibit B. City of Port Orchard and KCI Technologies, Inc Professional Service Agreement Contract No. C079-22 Asset Management Program Strategic Planning Phase Consultant Page 16 of 17 Updated 4/2022 IBDR Page 218 of 295 Exhibit B Back to Agenda Consultant Fee Determination Summary Company: KCI Technologies, Inc. Client: City of Port Orchard Project: Project: Asset Management Program Strategic Planning Job #: Date: August 2, 2022 File Name: Contract Type: Billing Rate Schedule Consultant Fee Determination DIRECT SALARY COST Classification -Job Title Hours Hourly Rate Amount Sr. Project Manager 219 $176.40 $ 38,631.60 Business Analyst 203 $133.00 $ 26,999.00 Data & Analytics Manager 70 $166.60 $ 11,662.00 Sr. Data Analyst 83 $144.20 $ 11,968.60 Sr. Business Analyst 34 $162.40 $ 5,521.60 TOTAL SALARY COST REIMBURSEABLE EXPENSES Total Salary Cost: $ 94,782.80 Reimbursable Expenses Amount Copies, Printing, etc.: $ 0.00 Mileage: $ 0.00 Airfare: $ 525.00 Lodging: $ 1,912.00 Meals $ 798.00 Rental Car $ 1540.00 Rental Car Gas $ 375.00 Expense Subtotal: $ 5,150.00 SUBTOTAL (SALARY AND EXPENSES) $ 99,932.80 Total Estimated Budget: $ 99,932.80 Page 219 of 295 Back to Agenda 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; City of Port Orchard and KCI Technologies, Inc Professional Service Agreement Contract No. C079-22 Asset Management Program Strategic Planning Phase Consultant Page 17 of 17 Updated 4/2022 IBDR Page 220 of 295 Back to Agenda • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to -ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). City of Port Orchard and KCI Technologies, Inc Professional Service Agreement Contract No. C079-22 Asset Management Program Strategic Planning Phase Consultant Page 18 of 17 Updated 4/2022 IBDR Page 221 of 295 Agenda Item No Subject City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Business Item 8J Adoption of a Resolution Authorizing the Rental of Two (2) Portable Bypass Pumps for Eldon Trails Lift Station from Sunbelt Rentals, Inc. Meeting Date: Prepared by: Back to Agenda August 9, 2022 Tony Lang PW Operations Manager Atty Routing No.: 366922-0009 — PW Atty Review Date: August 2, 2022 Summary: Public Works staff have identified the need to upgrade the supervisory control and data acquisition (SCADA) communications at Eldon Trails lift station from copper leased lines to cellular/radio communications due to ongoing issues with the current copper leased line communication system. Staff has determined that the lift station will need to have utility power disconnected for approximately one (1) week for Public Works staff and the City's SCADA integrator, Technical Systems Inc. (TSI), to accomplish replacing and integrating the needed SCADA equipment in the master control cabinet (MCC). The lift station must remain operational during this upgrade process to serve the city's citizens. Two (2) temporary bypass pumps will be required to keep the lift station operational during the SCADA upgrades, one as the primary pump and the other as an emergency backup. The City does not own this type of portable bypass pumping equipment. On July 19, 2022, pursuant to RCW 39.04.190, the City's Public Works Department established a list of qualified vendors from the 2022 MRSC Vendor Roster (see Resolution Exhibit A attached), for the Main Category — Equipment and Sub -Category — Pumping Equipment. On July 21, 2022, and again on July 26, 2022, pursuant to City of Port Orchard Procurement Policy, adopted by Resolution 036-22, as amended, the Public Works Staff contacted three (3) vendors selected from the roster. After review of the pricing and options received, the City identified Sunbelt Rentals, Inc as an approved, qualified vendor for the bypass pump rentals. On July 26, 2022, Public Works Department staff requested a quote from Sunbelt Rentals, Inc. On July 26, 2022, Sunbelt Rentals, Inc provided a quote of $7,635.55, plus applicable tax, for a total rental price of $8,334.32. The amount of the rental exceeds the amount budgeted in the 2021-2022 Budget, the Public Works Department seeks Council approval. Relationship to Comprehensive Plan: Chapter 7: Utilities. Recommendation: Staff recommends that the City Council adopt a Resolution authorizing the rental of two (2) portable bypass pumps from Sunbelt Rentals, Inc. for a total rental price of $8,334.32 (applicable tax included.) Motion for Consideration: I move to adopt a Resolution authorizing the Mayor or designee to execute all documentation necessary to rent two (2) portable bypass pumps from Sunbelt Rentals, Inc. for a total rental price of $8,334.32 (applicable tax included). Fiscal Impact: This is a budgeted expense in the 2021-2022 budget though a budget amendment may be needed Page 222 of 295 Back to Agenda ,3tarr Keport 8.1 Page 2 of 2 Alternatives: Do not approve and provide further direction to staff. Attachments: Resolution No 076-22, MRSC Roster (Exhibit A), Sunbelt Rentals, Inc Quote, Purchase Quotation Sheet Page 223 of 295 Back to Agenda RESOLUTION NO. 076-22 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING THE RENTAL OF TWO (2) PORTABLE BYPASS PUMPS FOR ELDON TRAILS LIFT STATION, AND DOCUMENTING PROCUREMENT PROCEDURES. WHEREAS, Public Works staff have identified the need to upgrade the supervisory control and data acquisition (SCADA) communications at Eldon Trails lift station from copper leased lines to cellular/radio communications due to ongoing issues with the current copper leased line communication system; and WHEREAS, staff has determined that the lift station will need to have utility power disconnected for approximately one (1) week for Public Works staff and the city's SCADA integrator, Technical Systems Inc. (TSI), to accomplish replacing and integrating the needed SCADA equipment in the master control cabinet (MCC); and WHEREAS, the lift station must remain operational during this upgrade process to serve the city's residents; and WHEREAS, two (2) temporary bypass pumps are required to keep the lift station operational during the SCADA upgrades, one as the primary pump and the other as an emergency backup; and WHEREAS, the City does not own this type of portable bypass pumping equipment; and WHEREAS, on July 19, 2022, pursuant to RCW 39.04.190, the City's Public Works Department established a list of qualified vendors from the 2022 MRSC Vendor Roster (see Resolution Exhibit A attached), for the Main Category — Equipment and Sub -Category — Pumping Equipment; and WHEREAS, on July 21, 2022, and again on July 26, 2022, pursuant to City of Port Orchard Procurement Policy, adopted by Resolution 036-22, as amended, the Public Works Staff contacted three (3) qualified vendors selected from the roster, and WHEREAS, after reviewing the pricing from these vendors, the City identified Sunbelt Rentals, Inc as an approved, qualified vendor for the bypass pump rentals; and WHEREAS, on July 26, 2022, Public Works Department staff requested a quote from Sunbelt Rentals, Inc.; and WHEREAS, on July 26, 2022, Sunbelt Rentals, Inc provided a quote of $7,635.55, plus applicable tax, for a total rental price of $8,334.32; and WHEREAS, the amount of the rental exceeds the amount budgeted in the 2021-2022 Budget; and Page 224 of 295 Back to Agenda Resolution No.076-22 Page 2 of 2 WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State Auditor's Office, wishes to document their selection/procurement process as described herein for this purchase (rental) 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. THAT: The City Council authorizes the rental of two (2) bypass pumps, from Sunbelt Rentals, Inc. in the amount of $8,334.32 (applicable tax included). The Mayor or his designee is authorized to execute all documentation necessary to effectuate the rental, 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 on this 9t" day of August 2022. ATTEST: Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 225 of 295 Back to Agenda Public Agency Name: City of Port Orchard Roster Type: Vendor Roster Date: 07/19/2022 Time: 02:03 pm Main Category: Equipment Sub -Category: Pumping Equipment AMB Tools & Equipment American Onsite Services Apex Hydrovac Tools LLC Apsco, LLC Aqua Dive Services, LLC Aqua Tech LLC Beckwith & Kuffel Bioterra Environmental Engineering Inc CAMCAL Incorporated CESSCO Inc. Clear Water Services Columbia Engineering Group Correct Equipment Don Small and sons oil distributor co. Empire Well Drilling LLC FuelCare-The Clean Tank Granite Construction Company Graymar Environmental Services, Inc GRUNDFOS CBS INC H&N Electric HD SUPPLY FACILTIES MAINTENANCE d/b/a USABLUEBOOK Heimburger & Company Inc Hurley Engineering Co Mascott Equipment Mid Mountain Boiler and Steam Inc North Coast Electric Northwest Aquatic Eco-Systems Northwest Lift & Equipment LLC NWFF Environmental Orca Pacific, Inc. Osburn Farms LLC Prestige WorldWide Technologies PumpTech LLC Seattle Pump and Equipment co Page 226 of 295 Sunbelt Rentals inc Talco Fire Systems, Inc. TMG Services, Inc Traffic Safety Supply Triangle Pump & Equipment, Inc. True North Equipment, Inc. Utilities Service Co., Inc. Vac-Tec Septic & Water LLC. Ventilation Power Cleaning, Inc. Western State Design, Inc. Western Systems & Fabrication Whitney Equipment Company Inc WMS Aquatics Page 227 of 295 Back to Agenda RENTALS v SERVICES Date: 7/26/22 Time: 14:33 Email SUNBELT RENTALS, INC. Contract #.. 127906088 To: PATTI SALTSGAVER-360-876-7019 RICK.JACOBS@SUNBELTRENTALS. COM Company: CITY OF PORT ORCHARD M essage: From: RICK JACOBS PC1348 Location: SEATTLE PUMP SOLUTIONS PC1348 Phone: 253 922 6995 Fax #: 253 922 6973 Page 228 of 295 * * WWW.SUNBELTRENTALS.COM * * RNTOUTE (Rev 02/28/22) SUNBELT. RENTALS PUMP & POWER PC#: 1348 SERVICES 2102 S 341 ST PL FEDERAL WAY, WA 98003 253-620-4947 Job Site: CITY OF PORT ORCHARD 4888 CASTLETON RD SW PORT ORCHARD, WA 98367 C#: 360-876-4407 J#: 360-535-2490 Customer: 655822 CITY OF PORT ORCHARD 216 PROSPECT ST PORT ORCHARD, WA 98366 5326 "---e 1 of 2 nda SUNBELT RENTALS, INC. Salesman: 134800 PC1348 HOUSE ACCOUNT 2 Typed By: RJACOBS1 Contract #.. 127906088 Contract dt. 7/06/22 Date out.... 7/26/22 9:59 AM Est return.. 8/02/22 9:59 AM Job Loc..... 4888 CASTLETON RD SW, PORT ORCHA Job No...... 3 - CITY OF PORT ORC P.O. #...... QUOTE Ordered By.. LANG, TONY NET 30 QTY EQUIPMENT # Min Day Week 4 Week Amount 1.00 6X4X8 CHOPPER VENT QF PUMP 425.00 403.75 868.50 2409.75 868.50 0410118 1.00 6X4X8 CHOPPER VENT QF PUMP 425.00 403.75 868.50 2409.75 868.50 0410118 1.00 REMOTE MONITOR XR50 4G 12VDC 88.00 83.60 265.50 629.00 265.50 0460025 #### call out box high level alarm ### 7.00 4X10 BLK RBR WATER SUC/DIS BAU 15.00 14.25 40.50 114.75 283.50 2.00 6X10 ORANGE/CLEAR SUC BAUER HO 24.00 22.80 60.30 153.00 120.60 2.00 6X20 ORANGE/CLEAR SUC BAUER HO 41.00 38.95 85.50 242.25 171.00 5.00 41' 45-DEG ELB BAUER 14.00 13.30 42.30 102.00 211.50 1.00 41' ADAPTOR FLG X F BAUER 5.00 4.75 14.40 26.35 14.40 ### 4" female b x 4" female cam ##### 4.00 41' 90-DEG ELB BAUER 19.00 18.05 48.60 119.00 194.40 1.00 41' WYE BAUER F X F X M 5.00 4.75 13.50 38.25 13.50 3.00 41' CHECK VALVE FLG 14.00 13.30 32.40 89.25 97.20 2.00 SUB LEVEL TRANSDUCER 0-10PSIG 25.00 23.75 49.50 144.50 99.00 *** EQP MSG *** 8 Hrs/Day 40 Hrs/Wk = 1.0x Rate 9-16 Hrs/Day 41-80 Hrs/Wk = 1.5x Rate 17+ Hrs/Day 81+ Hrs/Wk = 2.Ox Rate SALES ITEMS: Qty Item number Unit Price 03rtanopnA ebmre4iressdieMedRwErtiveMairte-am 9AAt F�alswill acitcrthec}offdicntin-eaxlpafamFMsavioeesrecoredinaooa-dxm\ ith nardafdrresspedficatiars. Q.sta. a shall bedhergedfor each RVlsi vioepafarreddoingrertal pffW 1. IF THE EQUIPMENT DOES NOT WORK MULTIPLE PROPERLY,DAMAGES The total charges are an estimate based an the estimated rental period and other information provided by Customer. SHIFTS OR CUSTOMER IS RESPONSIBLE FOR 2. Customer assumes all risks associated with the Equipment during the Rental Period, including injury and damage to persons, property and the Equipment. 3. Customer is responsible for and shall only permit properly trained, Authorized Individuals to use the Equipment. 4. If the Equipment does not operate properly, is not suitable for Customer's intended use, does not have operating and safety instructions or Customer has any questions regarding use of the Equipment, Customer shall not use the Equipment and shall contact Sunbelt immediately. 5. Equipment misuse or using damaged or malfunctioning Equipment may result in serious bodily injury or death and Customer agrees that Customer (i) assumes all risk associated thereunder, and (ii) indemnifies Sunbelt Entities for all claims or damages as a result of misuse or use of damaged or malfunctioning Equipment. 6. Customer has received, read, understands and agrees to the estimated charges and all the terms on this page, plus all sections an the reverse side of this Contract ("Sections'), including Release and Indemnification in Section 8 and Environmental Fee in Section 16, which can also be found at www.sunbeltrentals.comlrentalcontract.'Delivery)Pickup Surcharge fee explanation is available at www.sunheltrentals.comisurcharge. 7. Customer must contact Sunbelt to request pickup of Equipment, retain the Pick -Up Number given by Sunbelt and will he responsible for Equipment until actually retrieved by Sunbelt. 8. Customer waives its right to a jury trial in any dispute as set forth in Section 19. 9. At the election of Sunbelt or Customer, Customer agrees to submit every dispute to arbitration and waives any right to bring a class action as set forth in Section 20. ontinued on the next page... www.sunoeitreniais.com _ _ mry i uu i ❑ kmev uucot-) RENTALS ^--e 2 of 2 Back to Agenda PUMP & POWER PC#: 1348 SERVICES 2102 S 341 ST PL FEDERAL WAY, WA 98003 253-620-4947 Job Site: CITY OF PORT ORCHARD 4888 CASTLETON RD SW PORT ORCHARD, WA 98367 C#: 360-876-4407 J#: 360-535-2490 Customer: 655822 CITY OF PORT ORCHARD 216 PROSPECT ST PORT ORCHARD, WA 98366 5326 SUNBELT RENTALS, INC. Salesman: 134800 PC1348 HOUSE ACCOUNT 2 Typed By: RJACOBS1 Contract #.. 127906088 Contract dt. 7/06/22 Date out.... 7/26/22 9:59 AM Est return.. 8/02/22 9:59 AM Job Loc..... 4888 CASTLETON RD SW, PORT ORCHA Job No...... 3 - CITY OF PORT ORC P.O. #...... QUOTE Ordered By.. LANG, TONY NET 30 QTY EQUIPMENT # Min Day Week 4 Week Amount SALES ITEMS: Qty Item number Unit Price 8 DLABOR EA 125.000 2218XXX050 DLABOR 1 DLPKSRCHG EA 370.000 TRANSPORTATION SURCHARGE 12 ELABOR EA 125.000 2218XXX050 1 ENVIRONMENTAL EA 37.840 ENVIRONMENTAL/HAZMAT FEE 2133XXX0000 1 WAHERS EA 40.110 WA 1.25% HEAVY EQUIP RENTAL SURCHARGE DELIVERY CHARGE PICKUP CHARGE Sub -total: Tax: Total: All amounts are in USD 1000.00 370.00 1500.00 37.84 40.11 740.00 740.00 7635.55 698.77 8334.32 Cartan equpnifft do a recpre; sched_ied Re,tentive Maintawm Sxbdt Pertals will rrmito- the opaatim tirre and pafcm FM savice as recored in arordmmwith rremladu-ers spedficaltias Clstara shall bedwgedfor each RVl savioeperfam3d dung re to period 1. The total charges are an estimate based an the estimated rental period and other information provided by Customer. 2. Customer assumes all risks associated with the Equipment during the Rental Period, including injury and damage to persons, property and the Equipment. 3. Customer is responsible for and shall only permit properly trained, Authorized Individuals to use the Equipment. 4. If the Equipment does not operate properly, is not suitable for Customer's intended use, does not have operating and safety instructions or Customer has any questions regarding use of the Equipment, Customer shall not use the Equipment and shall contact Sunbelt immediately. 5. Equipment misuse or using damaged or malfunctioning Equipment may result in serious bodily injury or death and Customer agrees that Customer (i) assumes all risk associated thereunder, and (ii) indemnifies Sunbelt Entities for all claims or damages as a result of misuse or use of damaged or malfunctioning Equipment. 6. Customer has received, read, understands and agrees to the estimated charges and all the terms an this page, plus all sections an the reverse side of this Contract ("Sections'), including Release and Indemnification in Section 8 and Environmental Fee in Section 16, which can also be found at www.sunbeltrentals.com(rentalcontract. *Delivery)Pickup Surcharge fee explanation is available at www.sunbeltrentals.comisurcharge. 7. Customer must contact Sunbelt to request pickup of Equipment, retain the Pick -Up Number given by Sunbelt and will be responsible for Equipment until actually retrieved by Sunbelt. 8. Customer waives its right to a jury trial in any dispute as set forth in Section 19. 9. At the election of Sunbelt or Customer, Customer agrees to submit every dispute to arbitration and waives any right to bring a class action as set forth in Section 20. Customer is declining Rental Protection Plan (see reverse side for details) (Customer Initials) ___________ ________ __ Pale 230 of 295 ___________ Customer Signature Date Name Printed Delivered By Date * * www.sunbeltrentals.com * * RNTOUTE (Rev 02/28/22) SUNBELT RENTALS TERMS AND CONDITIONS l* ery �� to Agenda 1) DEFINITIONS. "Authorized Indiyduels' are those Individuals that Customer directly or indirectly allows to use the Equipment, who must be properly shall cooperate with, assign Sunbelt all claims and proceeds arising fr �, ��..� �d deliver to Sunbelt trained to use the Equipment, at least 18 years old or the legal age of majority mine state, whlchever is greater and are not under the Influence of any whatever documents are required and take all other necessary steps to secure In Sunbelt such rights, M Customer s expense. drugs, alcohol, substances or othenNse impaired.'Custom Is Identified earlier and includes any of your representatives, agents, officers, employees 11) RENTAL RATES. The total charges specified in this Contract are: (a) estimated based upon Customers representation of the estimated Rental anyone signing this Contract on your behalf. 'Environmental Sernces Charge' Is the charge described in Section 17.'Egio umenr is the equipment Period Itlentifietl herein (rental rates beyond the estimated Rental Period may change) and other information conveyed by Customer to Sunbelt; and (D) and/or services identified on the other pages provided, together with replacements, repairs, additions, attachments and acces and all future for the Equipment's use for One Shift, unless othewise noted. Weekly and 4 week rental rates shall not be prorated. Rental charges accrue during Equipment rented. "Incident" Is any fine, citation, theft, accident casualty, loss, vandalism, injury, death or damage to person or property, claimed by Saturdays, Sundays and holidays. The rental rates do not include and Customer Is responsible tor, (I) all consumaDlas, fees, licenses, present and any person or entity Net appears to have occurred in connection with the Equipment. 'Lost' means the Equipment is either stolen, its location is future taxes and any other governmental charges based on Customer s possession anclor use of the Equipment, including additional fees for more than unknown, or Customer is unable to recover it for a period of 30 days 'FMV' Is the Equipment's fair market value on or about the data of the Incident One Shift use; (if) delivery and pickup charges to and from the Store, including but not limited to any freight, transportation, delivery, pickup and relating tothe Equipment, plus any etlmints native fees and expenses .'One Shift' means not more than 8 hours per day, 40 hours per week and 150 surcharge fees listed In this Contract; (ill) maintenance, repairs and replacements to the Equipment as provided herein; (iv} a cleaning fee if required; IV) hours every 4-week period, provided that double shift mil be 150% and triple shift mil be200% of lne rental charge on Equipment with hour meters, scellaneous charges, such as fees for lost keys, RPP, costs to recover Equipment, emergency mobilization or store opening; (v) fuel used during the Ordmary Weer and Tear means normal deterioration considered reasonable In the equipment rental Industry for One Rental Period and for refueling Equipment as described below; (vii) fines for use of dyed diesel fuel in on -road Equipment', and (vii) an EnNronmental Shift use. "�' means Sunbelt or Customer and together both are the 'Paris,'.'Plck-Uo Number' is the number Customer obtains from Sunbelt Services Charge (see w sunbeltrentais.comm-ronmentaifeel and (Ix) Transportation Surcharge (see www. sunbel[renlals.conVsurchergel. The evidencing the Customer s call to pick up Equipment. 'Rental Period' commences when the Equipment Is tlebvere l to Customer or the Site Address a charge for off road diesel fuel does not include governmental motor fuel taxes or charges. Sunbelt collects these fees as revenue and uses and continues until the Equipment is returned to the Store or picked up by Sunbelt during normal business hours, provided Customer has otherwise theme(gtliitsscrehon. complied Min this Contract.'RPP' is the rental protection plan described In Section 10.'Sit. Address' Is the location that Customer represents the 12) PAYMENT. Customer shall pay for the rental of Equipment, sale of Equipment, materials and all other items and services Itlentifietl in this Contract Equipment mll be located during the Rental Period Identified Barber. 'Store' Is the Sunbelt location Itlentifietl earlier. 'Sunbelt" is Sunbelt and its and all other amounts due, without any offsets, in full, in advance at the time of rental, unless Sunbelt approves Customers executed commerclal credit affiliated companies, their respective officers, directors, employees and agents.-Telemafics Date' Is data collected within the Equipment or vie Software application. Commercial customers who are approved for Sunbelt's extended payment terms must pay, in arrears, upon receipt of SunDelrs invoice, relating to the Equipment, Its performance, location, or operators. Transportation Surcharge' Is a charge intended to defray a wide range of either by cash, check or ACH. Customer must notify Sunbelt In writing of any disputed amounts, including credit card charges, within 15 days after the transportation expenses (both direct and Indirect), which are not always fully recovered by other transportation charges. receipt of (vie invoice/contract or Customer shall be deemed to have irrevocably waived Its right to dispute such amounts. At 2) TERMS. Customer's execution of this Contract or taking possession of the Equipment (whichever occurs first) shall be Sunbelt s discretion, any account with a delinquent balance may be placed on a cash basis, deposits may be required and the Equipment may De deemed acceptance of the terms herein for this and all past and future contracts between Sunbelt and Customer upon picked up without notice. Due to the difficulty in fixing actual damages caused by late payment. Customer agrees that a service charge equal to h Customer's receipt of Sunbelt's Equipment under those contracts. Customer rents the Equipment from Sunbelt pursuant lesser of 1.5% per month or the maximum rate permitted by law shall be assessed on all delinquent accounts, until paid in full. Customer shall to this Contract, which is a true lease. The Equipment (a) is and shall remain the personal property of Sunbelt and (b) eimbursa Sunbelt for all costs incurred in collecting any late payments, Including, mthou( limitation, attorneys' fees. Payment of any late charge does shall not be affixed to any other property. Customer shall not pledge or encumber the Equipment in any manner. not excuse Customer of any default under this Contract. Customer shall pay a fee of $75 for each check returned for lack of sufficient funds to 3) PERMITTED USE. Customer agrees and warrants that (a) Sunbelt has no control over the manner In which the Equipment Is operated during the compensate Sunbelt for Its overhead for processing missed payment. Deposits will only be returned after all amounts are paid in full. CUSTOMER Rental Period by Customer or any third party that Customer Implicitly or explicitly permits, (D) prior to each use and Its return to Sunbelt, Customer shall AGREES THAT IF A CREDIT OR DEBIT CARD IS PRESENTED TO PAY FOR CHARGES OR TO GUARANTEE PAYMENT, CUSTOMER Inspect the Equipment to confirm Nat the Equipment Is In good condition, without defects, readable decals are on the Equipment, and the Equipment Is AUTHORIZES SUNBELT TO CHARGE THE CREDIT OR DEBIT CARD ALL AMOUNTS SHOWN ON THIS CONTRACT AND CHARGES suitable for Customers intended use; (c) Customer has access to and reviews the operating and safety Instructions and will operate the Equipment in SUBSEQUENTLY INCURRED BY CUSTOMER, INCLUDING BUT NOT LIMITED TO, LOSS OF OR DAMAGE TO THE accordance with the manufacturers instructions and with applicable safety equipment; (d) any apparent agent M the Site Ad= Is authorized to EQUIPMENT AND EXTENSION OF THE RENTAL PERIOD. Effective June 1, 2021 and where permitted by law, Sunbelt accept delivery of the Equipment (and if Customer requests, Customer authorizes Sunbelt to leave the Equipment M the Site Address without may impose a surcharge of 2 % (minimum $3) for credit card payments on charge accounts. This surcharge is not greater requirement of wmlen receipt); (a) Customer shah immediately stop use and notify Sunbelt if the Equipment is damaged, unsafe, disabled, than Sunbelt's merchant discount rate for credit card transactions and is subject to sales tax in some jurisdictions. malfunction'ng, wammg lights come on, levied upon, threatened with seizure. Lost, or if any Incident occurs; (f) Customer has received from Sunbelt all 13) RETURN OF EQUIPMENT. Sunbelt may terminate this Contract at any time, for any reason. The Equipment shall be returned to Sunbelt (when information neetletl or requested regarding the operation of the Equipment; (g) Sunbelt is not responsible for providing operator or other training unless needed for Inspections, maintenance and at the end of the Rental Period) In the same condition it was received, less Ordinary Wear and Tear and free Customer specifically requests in writing and Sunbelt agrees to provide such training (Customer being responsible to obtain all training that Customer of any hazardous materials and contaminants. Customer will return the Equipment at the and of the Rental Period, but will continue to be responsible for desires prior l0 the Equipment's use); M) Sunbelt Is not responsible for Customers obligation to provide reasonable accommodabon(s) to any (disabled) rental and other charges after the Rental Period if the Equipment is not returned in the condition required herein. If Sunbelt delivered the Equipment to Authorized Indivduel(s); (I) only Authorized Individuals shall use and operate the Equipment, however Customer is responsible for the Equipment and Customer. Customer shall notify Sunbelt that the Equipment is ready to be picked up at the Site Address and obtain a Pick -Up Number, which Pick -Up its use during the Rental Period regardless of the user; U) the Equipment shall be used and mat n[ained In a careful manner, within the Equipment's Number Customer should keep as proof of the cell; provided Customer remains liable for any loss, theft, damage to or destruction of the Equipment until capacity and In compliance with all applicable laws, regulations, as well as all operating and safety instructions provided on, in with the Equipment Sunbelt confirms (het the Equipment is returned in the condition required herein. Customer will not be charged the rental charges after the date the and all applicable federal, state and local laws, permits and licenses, including but not limited to, OSHA and ADA, as revised', (k) the Equipment shall be Pick -Up Number is given, provided Customer has otherwise complied with this Contract. No pickups occur on Sundays or statutory holidays and kept In a secure location; and (p Customer shall provide Sunbelt mth accurate and complete Information, which Sunbelt relies upon to provide the Saturday pickups are dependent on specific Store hours. If Customer picked up Equipment, Customer shall return appropriate Equipment to Customer. Equipment to the same Store during that Store's normal business hours. If the Equipment is not returned by the estimated end of the 4) PROHIBITED USE. Customer shall not (a) attar or cover up any decals or insignia on the Equipment, remove any operating or safety equipment or Rental Period specified earlier, Customer agrees to pay the applicable rental rate for the Equipment until the end of the Rental Period. Instructions or alter or tamper with the Equipment; (D) assign its rights under this Contract; (c) move the Equipment from the Site 14) PURCHASES. If this Contract identifies any Equipment, materials or other items that is to be purchased Address without Sunbelt's written consent (d) use the Equipment in a negligent. illegal, unauthorized or abusive manner ; or (a) publicize use of the by Customer, Sunbelt sells and delivers such items to Customer on an "AS IS, WHERE IS" basis, with all faults and Equipment in any manner (including, without limitation, porn, audiomsual or electronic); or (p allow the use at the Equipment by anyone other than without any warranties (other than manufacturer warranties, if any) in consideration for Customer's payment to Sunbelt of Authorized Indimauals {Customer acknowledging that the Equipment may De dangerous it used Improperly or by untrained patties). the full purchase price of the item, Sunbelt retains title to the item until Customer has pai1111 n full. 5) MAINTENANCE. Customer shall perform routine maintenance on the Equipment, including routine inspections and maintenance of fuel and oil 15) DEFAULT. Customer shall be In default If Sunbelt deems Itself Insecure or If Customer'. (a) fails to pay sums when due; (D) levels, grease, cooling and fluid systems, batteries, [ireaAracks cutting edges, and cleaning in accordance mth the manufacturer s specifications, as Drenches any Section of this Contract (c) becomes a debtor In a bankruptcy proceeding, goes Into receivership, lakes protection from its creditors applicable. All other maintenance or repairs may only be performed by Sunbelt or Its agents, but Sunbelt has no responsibility during the Rental Period under any Insolvency legislation, ceases to tarty on business, or has Its assets seized by any creditor; (tl) fails to insure the Equipment as required, to Inspect or perform any maintenance or repairs unless Customer requests a service call. If Sunbelt determines that repairs to the Equipment ere or otherwise places the Equipment M risk; (a) fails to return Equipment Immediately upon Sunbelt's tlemantl; or (f) is in default under any other contract needed, other than Ordinary Weer and Tear, Customer shell pay the full repair charges, additional fees, if any, and rental of the Equipment until the with Sunbelt. If a Customer tlemult occurs, Sunbelt shall have, in addition to all rights and remedies M law or in equity, the right to repossess the repairs are completed. If Equipment is stolen or tlamagetl In excess of 40%of the Equipment's FMV, Customer will De responsible for the FMV of the Equipment without judicial process or prior notice. Customer shall pay all of Sunbelt's costs, Including reasonable costs of collection, court costs, Equipment, including sales lax, as appbceDle. Sunbelt has the right to inspect the Equipment wherever located. Customer vies the authority to and attorneys and legal fees, Incurred In exercising any of its rights or remedies herein. Sunbelt shall not be liable due to seizure of Equipment by order of hereby grants Sunbelt and Its agents the right [o enter the physical location of the Equipment for the purposes set forth herein. Sunbelt shall be governmental authority. CUSTOMER WAIVES ANY RIGHT OF ACTION AGAINST SUNBELT ENTITIES FOR SUCH REPOSSESSION. responsible for repairs needed because of Ordinary Wear and Tear. Customer agrees that repair or replacement of the Equipment Is 16) CRIMINAL WARNING. The use of false Identification to obtain Equipment or the failure to return Equipment by the end of the Customer's exclusive remedy for Sunbelt's breach of this Section. Notwithstanding Sunbelt's service commitment, if Rental Period may be considered theft, Subject to criminal prosecution and eml liability where permitted, pursuant to applicable laws. Customer breaches this Contract, Sunbelt shall have no obligation to stop the Rental Period, commence repairs or rent 17) ENVIRONMENTAL SERVICES CHARGE. To promote a clean and sustainable environment Sunbelt takes various measures to other equipment to Customer until Customer or its agent agrees to pay for such charges. comply with applicable environmental regulations, as well as with Sunbelts own policies. Sunbelt also Incurs a was range of environmental related 6) CUSTOMER LIABILITY. DURING THE RENTAL PERIOD, CUSTOMER ASSUMES ALL RISK ASSOCIATED WITH THE expenses (both direct and Indirect). These expenses may Include sevices such as waste disposal, construction and maintenance of cleaning facilities, POSSESSION, CONTROL OR USE OF THE EQUIPMENT, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, RENTAL acquisition of more fuel -efficient equipment, as well as, labor costs, administration costs, etc. To help offset these and other costs, CHARGES, THEFT, LOSSES, DAMAGES AND DESTRUCTION, INCLUDING CUSTOMER TRANSPORTATION, LOADING AND UNLOADING, Sunbelt assesses an Environmental Services Charge, plus applicable taxes thereon In connection with certain rentals. The WHETHER OR NOT THE CUSTOMER IS AT FAULT. After an Incident, Customer Shall (a) Immediately notify Sunbelt, the police, If necessary, and Environmental Services Charge is not a tax or governmentally mandated charge and is not designated for any particular use or placed Customer's insurance carriers; (D) secure and maintain the Equipment and the surrounding premises in the condition existing at the time of such in an escrow account, but is a charge that Sunbelt collects as revenue and uses at its discretion. Incident, until Sunbelt or its agents investigate, (c) immediately submit copies of all police or other third party reports to Sunbelt; and (tl) as applicable, 16) FUEL. For Equipment that uses fuel, Customer has three options'. (a) Prepay Fuel Option -Customer may purchase a full tank of fuel for the pay Sunbelt In addition to other sums due herein, the rental rate for Equipment until the repairs are completed or Equipment replaced plus either (I) the Equipment at the start of the rental, In which case a "convenience charge" will appear on this Contract (calculated by multiplying the estimated fuel FMV or 00 the full charges of recovery and repairs of damaged Equipment. Accrued rental charges shall not be applied against these amounts. Sunbelt capacity of Equipment by the Prepay per gallon rate). As an added benefit, Customer may return the Equipment full of fuel and the convenience charge shall have the Immediate right, but not obligation, to reclaim any Equipment Involved In any Incident. will berefunded (however, if not returned full. Customer will not cot in any credit for fuel left In the Equipment upon return)', (b) Pay on Return Option- if 7) NO WARRANTIES. SUNBELT DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH Customer returns Equipment with less fuel than when received, Customer shall pay a refueling charge (calculated by multiplying gallons required to refill RESPECT TO THE EQUIPMENT, ITS DURABILITY, CONDITION, MERCHANTABILITY, NON -INFRINGEMENT, OR FITNESS FOR ANY tank with fuel to level when received, by the Pay on Return per gallon rate); and (c) Return Full Option —if Customer returns the Equipment with at least PARTICULAR PURPOSE. CUSTOMER ACKNOWLEDGES ACCEPTANCE OF THE EQUIPMENT ON AN "AS IS, WHERE IS" BASIS, WITH "ALL mucM1 fuel as when It was received (most Sunbelt Equipment comes with a full tank of fuel, but not alp, no fuel charge will be assessed. The cost of FAULTS" AND WITHOUT ANY RECOURSE WHATSOEVER AGAINST SUNBELT ENTITIES. CUSTOMER ASSUMES ALL RISKS ASSOCIATED Customer refueling Equi Amen[ Itself will generally be lower than the Prepay Fuel Option or the Pay on Return Option', however these options each allow WITH THE EQUIPMENT AND RELEASES SUNBELT ENTITIES FROM ALL LIABILITIES AND DAMAGES (INCLUDING LOST PROFITS, for the convenience of not refueling. Customer agrees that none of these options are a retail sale of fuel. PERSONAL INJURY, AND SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH 19) LIMITATION OF SUNBELT'S LIABILITY. IN CONSIDERATION OF THE RENTAL OF EQUIPMENT, CUSTOMER AGREES DAMAGES) IN ANY WAY CONNECTED WITH THE EQUIPMENT, ITS INSTALLATION, OPERATION OR USE OR ANY DEFECTOR FAILURE THAT SUNBELT'S LIABILITY UNDER THIS CONTRACT, INCLUDING ANY LIABILITY ARISING FROM SUNBELT'S, SUNBELT ENTITIES, OR THEREOF, A BREACH OF SUNBELT'S OBLIGATIONS HEREIN OR ERRORS OR INACCURACIES IN INFORMATION OBTAINED FROM ANY THIRD PARTY's COMPARATIVE, CONCURRENT, CONTRIBUTORY, PASSIVE OR ACTIVE NEGLIGENCE OR THAT ARISES AS A CUSTOMER OR THIRD PARTIES, UPON WHICH SUNBELT RELIES; PROVIDED HOWEVER, IF CUSTOMER IS A CONSUMER UNDER RESULT OF ANY STRICT OR ABSOLUTE LIABILITY, SHALL NOT EXCEED THE TOTAL RENTAL CHARGES PAID BY CUSTOMER UNDER APPLICABLE LAW, THEN NO CONSEQUENTIAL DAMAGES LIMITIATION OF INJURIES TO PERSONS SHALL APPLY. THIS CONTRACT. 8) RELEASE AND INDEMNIFICATION. TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER INDEMNIFIES, 20) JURY TRIAL WAIVER. IN ANY DISPUTE ARISING OUT OF, IN CONNECTION WITH, OR IN ANYWAY PERTAINING TO RELEASES, HOLDS SUNBELT ENTITIES HARMLESS AND AT SUNBELT'S REQUEST, DEFENDS SUNBELT ENTITIES (WITH COUNSEL THIS CONTRACT, CUSTOMER AND SUNBELT HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT TO ATRIAL APPROVED BY SUNBELT), FROM AND AGAINST ALL LIABILITIES, CLAIMS, LOSSES, DAMAGES, AND EXPENSES (INCLUDING BY JURY, THIS WAIVER BEING A MATERIAL INDUCEMENT TO ENTERING INTO THIS CONTRACT. ATTORNEY'S AND/OR LEGAL FEES AND EXPENSES) HOWEVER ARISING OR INCURRED, RELATED TO ANY INCIDENT, DAMAGE TO 21) ARBITRATION AGREEMENTS, CLASS ACTION WAIVER. AT THE ELECTION OF CUSTOMER OR SUNBELT, ANY PROPERTY, INJURY OR DEATH OF ANY PERSON, CONTAMINATION OR ALLEGED CONTAMINATION, OR VIOLATION OF LAW OR DISPUTE ARISING OUT OF, IN CONNECTION WITH OR IN ANY WAY PERTAINING TO THIS CONTRACT SHALL BE SETTLED BY REGULATION CAUSED BY OR CONNECTED WITH THE (a) ACCESS, USE, POSSESSION OR CONTROL OF THE EQUIPMENT BY ARBITRATION BROUGHT IN THE PARTY's INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF IN A PURPORTED CLASS OR CUSTOMER OR ANY THIRD PARTY THAT CUSTOMER IMPLICITLY OR EXPLICITLY PERMITS TO ACCESS, USE, POSSESS OR CONTROL REPRESENTATIVE CAPACITY, ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL THE EQUIPMENT DURING THE RENTAL PERIOD OR (b) BREACH OF THIS CONTRACT, WHETHER OR NOT CAUSED IN PART BY THE ARBITRATION RULES OR BY JAMS PURSUANT TO ITS STREAMLINED ARBITRATION RULES AND PROCEDURES AND JUDGEMENT ON ACTIVE OR PASSIVE NEGLIGENCE OR OTHER FAULT OF ANY PARTY INDEMNIFIED HEREIN AND ANY OF THE FOREGOING ARISING OR THE AWARD RENDERED BY THE ARBITRATORS) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THERE SHALL IMPOSED IN ACCORDANCE WITH THE DOCTRINE OF STRICT OR ABSOLUTE LIABILITY. CUSTOMER ALSO AGREES TO WAIVE ITS BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR TRIED ON A CLASS ACTION BASIS. WORKERS' COMPENSATION IMMUNITY, TO THE EXTENT APPLICABLE. CUSTOMER'S INDEMNITY OBLIGATIONS SHALL SURVIVE THE 22) COMPLIANCE WITH EXPORT AND IMPORT LAWS. Removal of the Equipment from the United Slates ("U.S.") Is prohibited under Nis Contract. If EXPIRATION OR TERMINATION OF THIS CONTRACT. All of Customer's Indemnification obligations under this paragraph shall bejoint and several. Customer desires or causes the transport anNor operation of the Equipment outside of the U.S., Customer must (a) obtain 9) INSURANCE. During the Rental Period, Customer shall maintain, at its own expense, the following minimum insurance coverage:Sunberrs consent prior to taking such action, including approval of established customs broker, and (b) execute an amendment to this Contract which (a) for Customers using Equipment for non personal use, general liability Insurance of not less then $1,000,000 per occurrence, including coverage for amendment Is Incorporated herein. If Customer exports or re-exports without complying with the above sentence, Customer agrees that (i) the Customers contractual liabilities herein such as the release and Indemnification clause contained In Section 8; (b) for Customers using Equipment for Equipment Is subject to and must comply with all applicable export laws, including but not limited to the Export Administration Regulations; and (n) on personal use, property Insurance against loss by all asks to the Equipment, in an amount at least equal to the FMV thereof, unless RPP Is elected Customer, as the exporterrimporter of record, Is responsible for: (A) determining whether and obtaining if necessary, export or re-export licenses or M the time of rental and paid for prior to any Incident; (c) workers compensation insurance as required by law; and (d) automobile liability Insurance other allhorizMions as required prior to expori or re-exporting the Equipment, IS) obtaining any required documentation necessary for return of the (including comprehensive and colbslon coverage, and urnn mWundennsured motonst coverage), In the some amounts set forth in subsections (a) and Equipment, and (C) ensuring no unauthorized transfers or diversions of the Equipment occur. Refer to wwrcLib tloc.gov for Information. (D), if the Equipment is to beused on any roadway. such policies shall be primary, non-contributory, o occurrence basis, contain a waiver of 23) COLLECTION OF DATA. Customer consents fo the collection, use and disclosure of the data and information subrogation, name Sunbelt and its agents as an additional insured (including an addtonal insured endorsement) and loss payee, and provide for Customer voluntarily provides to Sunbelt, including personal identifiable information and financial information, as well as the Telematics Sunbelt to receive at least 30 days prior written notice of any cancellation or material onenge. Any insurance that excludes Doom damage or overturns Data collected from the Equipment, as described in our Privacy Policy found at www.sunbeltrentals.com/privacypolicy. i e breach. Customer shall provide Sunbelt with certificates of insurance to insurenc tin cates;sundelfrentels.com evidencing the coverages 24) GOVERNING LAW. The Parties expressly and irrevocably agree: (a) this Contract, including any related tort claims, had.red above onerto any rental and any time upon Su beffs request. To the extent Sunbelt Entities carry any insurance, Sunbelt Entitiesinsurance shall be governed by the laws of South Carolina, without regard to any conflicts of law principles and (b) if any Section of this Contract nil be considered excess insurance. The insurance required harem does not relieve Customer of its responsibilities, indemnification, or Omer is prohibited by any law, such Section shall be ineffective to the extent of such prohibition without invalidating the remaining Sections. obligations provided herein, or for which Customer may be liable by law or othemse. 25) FORCE MAJEURE. Sunbelt shall not be liable or responsible to the Customer, nor be bee ad to have defaulted under or 10) RENTAL PROTECTION PLAN. Customers repair or replacement responsibility In Sections 5 and 5 of this Contract is modified by the RPP, if breached this Contract, for any failure or tleiay In fulfilling or performing any term of this Contract when end to the extent such failure or delay Is caused offered on the Equipment, and Sunbelt shall limit the amount Sunbelt collects from Customer for the Equipment loss, damage or destruction to the by or results from acts beyond Sunbelt's control, (nclutling, without limitation, the following force majeure events ("Force Majeure Event(s)"): following amounts for each piece of Equipment, per each occurrence: (a) 10%of the FMV for Lost Equipment, up to maximum of $500 per piece of (a) acts of God, (b) flood, fire, earthquake, epidemics, pandemics or explosion; (c) war, invasion, hostilities (whether war, is declared or not), terrorist Equipment; (b) 10% of the repair charges for incidental or accidental damage to Equipment, up to a maximum of $500 per piece of Equipment; (c) threats or acts, riot or other civil unrest, (d) government order, law, regulations, shutdowns, or actions; (a) embargoes or blockades in effect on or after charges in excess of $50 per lire for tine repairs; and (d) nothing farina rental charges which would otherwise accrue during the period when damage tl the date of this Contract; M national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; M) shortage of or destroyed Equipment Is being repaired or replaced by Sunbelt or Lost Equipment Is being repiacetl; provided however, the foregoing RPP liability adequate power or transportation facilities; and (I) other events beyond the control of Sunbelt. reduction only applies if the Conditions (defined below) are satisfied and an Exclusion (defined below) does not apply. The RPP Is NOT INSURANCE 25) MISCELLANEOUS. This Contract together with any Customer executed commercial credit application, if any, constitutes the entire agreement of and does NOT protect Customer from liability to Sunbelt or others arising out of possession, control or use of the Equipment Inclutling injury or damage the Parties regarding the Equipment and may not be motlifietl except by wntten amendment signed by the Pelves. Any reference in Customer's to persons or property. THE RPP IS A CONTRACTUAL MODIFICATION OF CUSTOMER'S LIABILITY. All of the following "Conditions" must be purchase order or other Customer document to other terms that shall control this transaction shall be void. This Contract benefits solely the Parties and satisfied for the RPP and the corresponding liability reduction to apply'. (I) Customer accepts the RPP In advance of the rental; (ill Customer pays 15% their respective permitted successors and assigns and nothing in this Contract express or implied, confers on any other person any legal or equitable of the gross rental charges as the fee for the RPP (plus applicable (axes); (ill) Customer fully complies with the terms of this Contract; Irv) Customer s right, benefit or remedy of any nature whatsoever under or by reason of this Contract. Customers obligations hereunder shall survive the termination of count Is current at the time of the loss, theft, damage or destruction of the Equipment', and (v) none of the Exclusions apply. Customer assumes the this Contract. If any term is invalid, illegal, or unenforceable, such invalidity, illegality, or unentorceabili[y shall not affect any other term or invebdam or Exclusion risks, m ning In. If any Exclusion occurs, the RPP does NOT reduce the Ii abili ty of Customer to Sunbelt for the loss, theft, damage or render unenforceable such term. This Contract and all of Customers rights in and to the Equipment are subordinate to all rights, title and Interest of all destruction resulting from such Exclusion. "Exclusions" shall mean loss, theft, damage or destruction of the Equipment: (A) due to intentional misuse; persons (including Sunbelt's lenders) who haw rights in the Equipment. Headings are for convenience only. To the extern that any terms in this (B) caused by Lost Equipment not reported by Customer to the police within 48 hours of clscowry. and substantiated by a wriften police report Contract conflict, the Partagree that the more specific terms control. A copy of this Contract shall be valid as the original. Any failure by Sunbelt to Parties agree (promptly delivered to Sunbelt); (C) due to floods, water level changes, wind, storms, earthquaor Acts of God: and (D) accessories or Equipment for insist upon Met performance of any Section of this Contract shall not be construed as a waiver of the right to demand stud performance in the future. Mich Customer Is not charged the RPP fee. THE EXCLUSIONS REMAIN THE LIABILITY OF Customer and the person signing this Contract agree, represent and wartant that: (a) the person executing Is 18 or the legal age of majority In the date, CUSTOMER AND ARE NOT MODIFIED BY THE RPP. RPP IS REFLECTED ON THIS CONTRACT AS PART OF CUSTOMER'S ESTIMATED whichever is greater and they both have full authority to exccWe, deliver and perform this Contract; and CHARGES UNLESS CUSTOMER HAS ELECTED TO DECLINE RPP IN WRITING, FAILS TO PAY THE RPP FEE OR MADE OTHER (D) this Contract constitutes a legal, what and binding obligation of Customer, enforceable in accordance with its terms. If the Parties have a fully CONTRACTUAL ARRANGEMENTS WITH SUNBELT. Notwithstanding anything to the contrary In this Contract If Lost Equipment is later recovered, executed, active agreement, intended to govern over conflicting terms and conditions, such agreement shall take precedence over the terms herein. Sunbelt retains ownership of the Equipment regardless of any payments made by Customer or Customer s insurance company with respect to such Equipment, all of which payments are nor -refundable. Customer agrees to promptly return any Equipment that is recovered. Sunbelt shall be Additional terms and conditions for Shoring can be found at ropA/A sunbeltrentals.coWabouVshonng-DnOQIncta00jtionaFtermse condibonY subrogated to Customer's rights to recover against any person or entity relating to any loss, theft, damage or destruction to the Equipment. CuPN§e 231 of 295 Rev Data 06/162021 RNTOUTE (Rev 02/28122) CITY OF PORT ORCHARD Public Works Department 216 Prospect Street, Port Orchard, WA 98366 Voice: (36o) 876-4991 + Fax: (36o) 876-498o dphipps@cityofportorchard.us www.cityofportorchard.us REQUEST FOR TELEPHONE QUOTE Back to Agenda � crA1✓��e � gj*A ?ri+;lt LAI AAA #A &f9(Ad#, /v bj' Ite-11 M vn►cA';�r►f Purchase Order Number: Quote Required By: (Date) (Time) Name of Person Requesting: -- j �-5N-P ,t-e I lie Commodity' l mqy�( L�u 5 tv�er by f1SS pun.��;escj) 4sso�lcC 4fiQ'r9 , s��nr.+ Buyer: C; D �1 Dr�®t`U�rA' Required Deli ery Da Ship to Address: City: State: Zip Code: w trey.15C.M k l e� NA 4 fSt-P a lit 98 C J. !�)o A d 'r'e-�\a j ITEM NO. QTY UNIT SPECIFICATIONS �• 1 � ;•n• Ct r 0. �e�ikv.� c�� pstl 9Du+�.r�Cc� 1PY?Q. ;15 r''p3l 09 R-5 ) Cn v-' z-'0 S u y 4M [7e O W 1"1 '% r^ 9 " � � A L ;i'vto W�n►\,L E 1 JovN l0 g Ll,' (q- 5A-4+i ❑V-\ C o w v\ 1�o r Co r. ,o G Y\.el N g ►"Q . BIDDER 1 BIDDER 2 BIDDER 3 Company: T't � P ri, �,� -1- nC. Company: >� nc - r� � S e �`i c -4 W4, e' Companyyn� 4 Contact. State: Contact � A Statp: 1AJ]] Contact: d+ r 4 i t Teleph e �� $�� ti s 3 � Telepho �Num r: � � � I 1 � � �J Teleph ne um er: AM Fax Number: Fax Number: Fax Number: Quote Date: I / / Quote Date: —7 `0 l 1 �aa Quote Date: PRODUCT QUOTED Unit Price Total Price PRODUCT QUOTED Unit Price Total Price PRODUCT QUOTED Unit Price Total Price Cl v,�. j 5 i 1 Sewer `��. 0.v Q V cl` -hn.. "fir S '� ?Yf PtJ1t'I b� �aSS a 3.r� a e r� ��w�r u e S) !- 5 0 �' u,rr• > o b o�m e S �o'� e r�`t- r �a v C' ReA 1A� �7��5 nd� d 0 .w. Sewer b� ASS p uw.� S e 4#'1 Total Price Total Price Total Price . f.2 U:\Admin Support\Public Works\pubwks shop forms, water,sewer, etc\Telephone Quote Form.doc Page 232 of 295 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 8K Subject: Approval of a Memorandum of Understanding with the Police Guild Representing Sergeants for the Voluntary Reversion of an Employee to Sergeant Rank Back to Agenda Meeting Date: August 9, 2022 Prepared by: Debbie Lund HR Manaeer Atty Routing No.: 366922-0008 - HR Atty Review Date: August 2, 2022 Summary: In January 2021, Sergeant Donna Main was promoted to Deputy Chief. Recently, Deputy Chief Main has informed the City that she misses the field work and her interests lie in serving our citizens by working with her fellow officers and Sergeants patrolling and responding to calls. As a result, on June 28, 2022, the Council approved an additional Sergeant position in the Police Department. In order to facilitate Ms. Main's reversion to her previous rank of Sergeant, the City entered into negotiations with the Police Guild representing Sergeants to address some contractual issues related to the reversion. The Guild and the City have agreed to the terms for this reversion, subject to Council approval. Recommendation: Staff recommends the City Council authorize the Mayor to sign a Memorandum of Understanding with the Police Guild representing Sergeants relating to the voluntary reversion of Donna Main to the rank of Sergeant in a form acceptable to the City Attorney. Relationship to Comprehensive Plan: N/A Motion for consideration: "I move to authorize the Mayor to sign a Memorandum of Understanding with the Police Guild representing Sergeants relating to the voluntary reversion of Donna Main to the rank of Sergeant." Fiscal Impact: Additional costs are likely offset by savings in overtime. Alternatives: Do not approve the proposed Memorandum of Understanding and provide alternative guidance. Attachments: The MOU under consideration tonight is not a public document until approved by Council and signed by the parties; it is, therefore, not attached. Page 233 of 295 Agenda Item No. Subject City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Business Item 8L Approval of a Memorandum of Understandine with the Police Guild Back to Agenda Meeting Date: August 9, 2022 Prepared by: Debbie Lund HR Manaeer Representing Sergeants for Wages and Atty Routing No.: 366922-0008 — HR Benefits for Sergeant Assignment to Atty Review Date: August 2, 2022 Detective Unit Summary: Earlier this year the Police Guild representing Sergeants asked to bargain wages and benefits associated with the potential assignment of one of their members to Detective. This is the first time a Sergeant will be assigned to detective; therefore, the existing union contract was silent on this matter. The parties have agreed that the pay differential and the clothing allowance provided for in the Patrol contract is appropriate for the Sergeant assigned to detectives. Recommendation: Staff recommends the City Council authorize the Mayor to sign a Memorandum of Understanding with the Police Guild representing Sergeants relating to wages and benefits for a Sergeant assigned to the Detective unit in a form acceptable to the City Attorney. Relationship to Comprehensive Plan: N/A Motion for consideration: "I move to authorize the Mayor to sign a Memorandum of Understanding with the Police Guild representing Sergeants relating to wages and benefits for a Sergeant assigned to Detectives." Fiscal Impact: Additional costs are likely offset by savings in overtime. Alternatives: Do not approve the proposed Memorandum of Understanding and provide alternative guidance. Attachments: The MOU under consideration tonight is not a public document until approved by Council and signed by the parties; it is, therefore, not attached. Page 234 of 295 Agenda Item No.: Subject: City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Business Item 8M Approval of an Agreement with Teamsters Meeting Date: Prepared by: Local 589 Representing Public Works Employees Regarding Calculation of Atty Routing No. Overtime Atty Review Date Back to Agenda August 9, 2022 Debbie Lund HR Manager 366922-0008 — HR August 2, 2022 Summary: The City regularly and routinely reviews and audits its payroll practices. During one audit the City identified an issue with payments for premium pay for standby and SCADA for public works employees, as well as medical insurance opt out incentive payments. Payroll staff implemented a process to address the issue. In addition, payroll staff researched and identified wages owed to affected employees. The Teamsters and the City have agreed to payment to all affected members, totaling $3,447.97, pending Council approval. Recommendation: Staff recommends the City Council authorize the Mayor to sign an Agreement with Teamsters Local 589 representing Public Works Employees regarding the calculation of overtime. Relationship to Comprehensive Plan: N/A Motion for consideration: "I move to authorize the Mayor to sign an Agreement with Teamsters Local No. 589 representing Public Works Employees regarding calculation of overtime." Fiscal Impact: None; this amount was included in the budget as authorized wages. Alternatives: None. Attachments: The MOU under consideration tonight is not a public document until approved by Council and signed by the parties; it is, therefore, not attached. Page 235 of 295 Agenda Item No.: Subject: City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Business Item 8N Approval of Participation in Settlement of Back to Agenda Meeting Date: August 9, 2022 Prepared by: Opioid Litigation State of Washington v. McKeeson Corp., Cardinal Health, Inc., and Atty Routing No.: Amerisource Bergen Drug Corp., King County Atty Review Date: Cause No. 19-2-0975-9 SEA Charlotte Archer City Attorney 366922-0005 — Clerk N/A Summary: In 2019, Attorney General Bob Ferguson filed a lawsuit against the three largest distributors of prescription opioids in Washington state, arguing that they failed to alert law enforcement of suspicious opioid orders, and illegally shipped those orders into Washington for years, and contributed to the illegal supply of opioids, fueling the state's opioid epidemic. A lengthy trial was held in the matter in King County Superior Court, culminating in a negotiated settlement between these distributors and Washington state in the amount of $518 million. The settlement is not effective until all litigating Washington jurisdictions and at least 90% of non -litigating jurisdictions with populations over 10,000 agree to its terms, and the King County Superior Court judge approves. The Attorney General's office summarizes the settlement as follows: If approved, Washington state will receive $518 million. These resources will be paid out over a period of 17 years. This is the same time period for payment as the national settlement that virtually every attorney general agreed to earlier this year. More than $476 million must be used to combat the opioid epidemic through a range of approved strategies. These strategies are consistent with the states Opioid Response Plan. Approved strategies for addressing the opioid epidemic include: • Improving and expanding treatment for opioid use disorder, • Supporting individuals in treatment and recovery, including providing comprehensive wrap- around services to individuals with opioid use disorder, including housing, transportation, education, job placement, job training or childcare; • Addressing the needs of pregnant women and their families, including those with babies with neonatal disorder, • Preventing opioid misuse, overprescribing and overdoses through, among other strategies, school -based and youth focused programs, public education campaigns, increased availability and distribution of naloxone and other drugs that treat overdoses, additional training and enhancements to the prescription drug monitoring program; and • Supporting first responders. The remainder will cover the costs of litigation, including direct trial expenses of more than $10 million, and approximately $11 million for legal expenses of all litigating local governments. Local governments can Page 236 of 295 Back to Agenda 5tatt Report 8N Page 2 of 2 allocate additional resources for legal expenses if they choose. Relationship to Comprehensive Plan: N/A Recommendation: Receive briefing on litigation posture and take action, if necessary. Motion for Consideration: I move to authorize the City's participation in the Distributors Washington Settlement in the matter of State of Washington v. McKeeson Corp., et al., and authorize the Mayor to execute the Participation Form and all documents necessary to effectuate the settlement. Fiscal Impact: The City of Port Orchard will be allocated a percentage of the awarded funds, based on population, to be pooled with neighboring jurisdictions to use for opioid treatment and abuse prevention. Alternative: N/A Attachment: Letter from Attorney General to Non -Litigating Jurisdictions Participation Form Distributors Washington Settlement Agreement AGO Press Release regarding Settlement Page 237 of 295 Bob Ferguson ATTORNEY GENERAL OF WASHINGTON 1125 Washington Street SE — PO Box 40100 — Olympia, WA 98504-0100 July 14, 2022 RE: Opioid Settlement Dear Local Elected Leaders: One of my highest priorities as Attorney General has been to address the opioid crisis that has devastated so many communities and families throughout our state. I know you are already familiar with how destructive the opioid epidemic has been for Washington, and I am grateful for all you've already done to confront the many challenges it presents. After two years of litigation and a lengthy trial against the three largest pharmaceutical distributors in the nation, my office recently entered into a settlement agreement in which the defendants have agreed to pay $518 million over 17 years if all conditions are met. These funds will provide much needed resources and assistance to deal with this crisis. You and your colleagues will have discretion to earmark a significant portion of this settlement to combat the opioid epidemic in your communities. For the distributor settlement agreement to become effective, we must have sign on to the settlement from (1) all jurisdictions in our state that filed a lawsuit against the distributors and (2) 90% of jurisdictions with a population of over 10,000 that did not file a lawsuit. This structure is similar to the arrangement that 48 other states and local governments have entered into with opioid distributors. Importantly, no group of litigating or non -litigating jurisdictions has decided not to approve the national settlement, and this resolution will bring tens of millions more to our communities. As a non -litigating jurisdiction, your participation in the settlement agreement is crucial to ensure we receive the funding necessary to provide additional resources to providers and treatment to individuals who desperately need our help. If we do not receive the requisite participation by the local governments, we will not receive the $518 million to help Washington combat the opioid epidemic. Your jurisdiction can sign on by executing and returning the enclosed Participation Form. We have a deadline of Friday, September 23, 2022 for local government approval. Please return the completed Participation Form to: comopioidscases(c-r�,at_g wa.gov Page 238 of 295 ATTORNEY GENERAL OF WASHINGTON Local Elected Leaders July 14, 2022 Page 2 Thank you for all you have already done to address the opioid crisis in our state. I urge you to sign on to the settlement agreement as soon as possible to allow us to begin distributing these funds promptly and get additional treatment and support to those who need it most. Here are links to Washington's settlement with the distributors and the national distributor settlement, which is an exhibit to Washington's settlement: • Washington Distributor settlement • National Distributor Settlement Our office has recovered a total of more than $730 million from opioid litigation, including $183 million in recoveries from Purdue Pharma, more than $18 million from Mallinckrodt, and $13.5 million from McKinsey to address harms from the opioid crisis. This includes $159 million in additional resources because we rejected national settlements involving Purdue Pharma and the distributors and took those corporations to court. If you have any questions, please contact Jeff Rupert, Chief of my Complex Litigation Division at 206-389-2116 or Jeffrey.Rupert&atg wa.gov. Sincerely, BOB FERGUSON Attorney General RWF/jlg Encl. Page 239 of 295 Exhibit F Subdivision Settlement Participation Form Governmental Entity: State: Authorized Official: Address 1: Address 2: City, State, Zip: Phone: Email: The governmental entity identified above ("Governmental Entity"), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement dated May 2, 2022 ("Distributors Washington Settlement"), and acting through the undersigned authorized official, hereby elects to participate in the Distributors Washington Settlement, release all Released Claims against all Released Entities, and agrees as follows. The Governmental Entity is aware of and has reviewed the Distributors Washington Settlement, including the Distributor Global Settlement Agreement dated July 21, 2021 ("Global Settlement") attached to the Distributors Washington Settlement as Exhibit H, understands that all terms in this Participation Form have the meanings defined therein, and agrees that by signing this Participation Form, the Governmental Entity elects to participate in the Distributors Washington Settlement and become a Participating Subdivision as provided therein. 2. The Governmental Entity shall, within 14 days of October 1, 2022 and prior to the filing of the Consent Judgment, secure the dismissal with prejudice of any Released Claims that it has filed. 4. The Governmental Entity agrees to the terms of the Distributors Washington Settlement pertaining to Subdivisions as defined therein. 5. By agreeing to the terms of the Distributors Washington Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after December 1, 2022. 6. The Governmental Entity agrees to use any monies it receives through the Distributors Washington Settlement solely for the purposes provided therein. 7. The Governmental Entity submits to the jurisdiction of the Washington Consent Judgment Court for purposes limited to that court's role as provided in, and for resolving disputes to the extent provided in, the Distributors Washington Settlement. The Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel as provided in, and for resolving disputes to the extent otherwise provided in the Distributors Washington Settlement. F-1 Page 240 of 295 Back to Agenda 8. The Governmental Entity has the right to enforce the Distributors Washington Settlement as provided therein. 9. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Distributors Washington Settlement, including, but not limited to, all provisions of Section XI of the Global Settlement, and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Distributors Washington Settlement are intended by the Agreement Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Distributors Washington Settlement shall be a complete bar to any Released Claim. 10. The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision as set forth in the Distributors Washington Settlement. 11. In connection with the releases provided for in the Distributors Washington Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads: General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party. A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the date the Distributors Washington Settlement becomes effective pursuant to Section II.B of the Distributors Washington Settlement, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities' decision to participate in the Distributors Washington Settlement. F-2 Page 241 of 295 12. Nothing herein is intended to modify in any way the terms of the Distributors Washington Settlement, to which Governmental Entity hereby agrees. To the extent this Participation Form is worded differently from Exhibit F to the Distributors Washington Settlement or interpreted differently from the Distributors Washington Settlement in any respect, the Distributors Washington Settlement controls. I have all necessary power and authorization to execute this Participation Form on behalf of the Governmental Entity. Signature: Name: Title: Date: F-3 Page 242 of 295 Back to Agenda DISTRIBUTORS WASHINGTON SETTLEMENT AGREEMENT Page 243 of 295 Back to Agenda Table of Contents I. Overview..............................................................................................................................1 II. Conditions to Effectiveness of Agreement.......................................................................... I III. Participation by Subdivisions..............................................................................................3 IV. Settlement Payments............................................................................................................3 V. Plaintiffs' Attorneys' Fees and Costs..................................................................................4 VI. Release.................................................................................................................................6 VII. Miscellaneous......................................................................................................................6 Exhibit A Primary Subdivisions................................................................................................. A-1 Exhibit B Litigating Subdivisions................................................................................................B-1 Exhibit C ABC IRS Form 1098-F...............................................................................................C-1 Exhibit D Cardinal Health IRS Form 1098-F............................................................................. D-1 Exhibit E McKesson IRS Form 1098-F.......................................................................................E-1 Exhibit F Subdivision Settlement Participation Form................................................................. F-1 Exhibit G Consent Judgment and Stipulation of Dismissal with Prejudice ................................ G-1 Exhibit H Distributor Global Settlement Agreement.................................................................. H-1 Page 244 of 295 DISTRIBUTORS — WASHINGTON SETTLEMENT AGREEMENT I. Overview This Distributors Washington Settlement Agreement ("Agreement") sets forth the terms and conditions of a settlement agreement between and among the State of Washington, McKesson Corporation ("McKesson"), Cardinal Health, Inc. ("Cardinal") and AmerisourceBergen Corporation ("Amerisource") (collectively, the "Agreement Parties") to resolve opioid-related Claims against McKesson, Cardinal, and/or Amerisource (collectively, "Settling Distributors"). By entering into this Agreement, the State of Washington and its Participating Subdivisions agree to be bound by all terms and conditions of the Distributor Global Settlement Agreement dated July 21, 2021 (including its exhibits) ("Global Settlement"), which (including its exhibits) is incorporated into this Agreement as Exhibit H.1 By entering this Agreement, and upon execution of an Agreement Regarding the State of Washington and the Distributor Global Settlement Agreement ("Enforcement Committee Agreement"), unless otherwise set forth in this Agreement, the Settling Distributors agree to treat the State of Washington for all purposes as if it were a Settling State under the Global Settlement and its Participating Subdivisions for all purposes as if they were Participating Subdivisions under the Global Settlement. Unless stated otherwise in this Agreement, the terms of this Agreement are intended to be consistent with the terms of the Global Settlement and shall be construed accordingly. Unless otherwise defined in this Agreement, all capitalized terms in this Agreement shall be defined as they are in the Global Settlement. The Settling Distributors have agreed to the below terms for the sole purpose of settlement, and nothing herein, including in any exhibit to this Agreement, may be taken as or construed to be an admission or concession of any violation of law, rule, or regulation, or of any other matter of fact or law, or of any liability or wrongdoing, or any misfeasance, nonfeasance, or malfeasance, all of which the Settling Distributors expressly deny. No part of this Agreement, including its statements and commitments, and its exhibits, shall constitute or be used as evidence of any liability, fault, or wrongdoing by the Settling Distributors. Unless the contrary is expressly stated, this Agreement is not intended for use by any third party for any purpose, including submission to any court for any purpose. II. Conditions to Effectiveness of Agreement A. Global Settlement Conditions to Effectiveness. 1. The Agreement Parties acknowledge that certain deadlines set forth in Section VIII of the Global Settlement passed before the execution of this Agreement. For ' The version of the Global Settlement as updated on March 25, 2022 is attached to this Agreement as Exhibit H. Further updates to the Global Settlement shall be deemed incorporated into this Agreement and shall supersede all earlier versions of the updated provisions. 1 Page 245 of 295 that reason, (i) Settling Distributors agree to treat the State of Washington as satisfying the deadlines set forth in Section VIII of the Global Settlement provided that the State of Washington satisfies its obligations set forth in this Section II and (ii) the State of Washington agrees to treat Settling Distributors as having satisfied all notice obligations under Section VIII.B of the Global Settlement as to the State of Washington. 2. The State of Washington shall deliver all signatures and releases required by the Agreement to be provided by the Settling States to the Settling Distributors by September 30, 2022. This Section II.A.2 supersedes the deadline for delivering those signatures and releases set forth in Section VIII.A.I of the Global Settlement. B. Agreement with Enforcement Committee. This Agreement shall not become effective unless the Enforcement Committee and the Settling Distributors execute the Enforcement Committee Agreement. If the Enforcement Committee Agreement is not executed by June 1, 2022, the State of Washington and Settling Distributors will promptly negotiate an agreement that mirrors the Global Settlement to the extent possible and with a credit of $1,000,000 to Settling Distributors to account for possible credits the Settling Distributors would have received under Section V of this Agreement from the State Cost Fund and the Litigating Subdivision Cost Fund of the Global Settlement and to be deducted from the Year 7 payment described in Section V.B.1 and Section V.C.g of this Agreement. C. Participation by Subdivisions. If the condition in Section II.B has been satisfied, this Agreement shall become effective upon one of the following conditions being satisfied: 1. All Litigating Subdivisions in the State of Washington and ninety percent (90%) of Non -Litigating Primary Subdivisions (calculated by population pursuant to the Global Settlement) in the State of Washington must become Participating Subdivisions by September 23, 2022. 2. If the condition set forth in Section II.C.1 is not met, the Settling Distributors shall have sole discretion to accept the terms of this Agreement, which shall become effective upon notice provided by the Settling Distributors to the State of Washington. If the condition set forth by Section II.C.1 is not met and Settling Distributors do not exercise discretion to accept this Agreement, this Agreement will have no further effect and all releases and other commitments or obligations contained herein will be void. D. Dismissal of Claims. Provided that the conditions in Sections II.B and II.0 have been satisfied, the State of Washington shall file the Consent Judgment described in Section I.N of the Global Settlement and attached hereto as Exhibit G ("Washington Consent Judgment") with the King County Superior Court ("Washington Consent Judgment Court") on or before November 1, 2022. This Section II.C.2 supersedes the deadline for submitting a Consent Judgment set forth in Section VIII.B of the Global Settlement. In the event that the Court declines to enter the Washington Consent Judgment, each Settling Distributor shall be entitled to terminate the Agreement as to itself and shall be excused from all obligations under the Agreement, and if a Settling Distributor terminates the Agreement as to itself, all releases and other commitments or obligations contained herein with respect to that Settling Distributor will be null and void. The date of the entry of the Washington Consent Judgment shall be the effective date of this Agreement 2 Page 246 of 295 ("Washington Effective Date"). Within the later of forty-five (45) days after the Washington Effective Date or December 31, 2022, each Settling Distributor will certify to the State that all medical claims data provided to it during the litigation (including Medicaid, PMP, LNI claims, and PEBB data) has been destroyed by the party and its agents, including all retained experts. III. Participation by Subdivisions A. Notice. The Office of the State of Washington Attorney General in consultation with the Settling Distributors shall send individual notice of the opportunity to participate in this Agreement and the requirements for participation to all Subdivisions eligible to participate who have not returned an executed Subdivision Settlement Participation Form within fifteen (15) days of the execution of this Agreement. The Office of the State of Washington Attorney General may also provide general notice reasonably calculated to alert Subdivisions, including publication and other standard forms of notification. Nothing contained herein shall preclude the State of Washington from providing further notice to, or from contacting any of its Subdivision(s) about, becoming a Participating Subdivision. B. Trigger Date for Later Litigating Subdivisions. Notwithstanding Sections I.EE and I.GGGG of the Global Settlement, as to the State of Washington, Settling Distributors and the State of Washington agree to treat the Trigger Date for Primary Subdivisions as September 23, 2022 and the Trigger Date for all other Subdivisions as May 3, 2022. C. Initial and Later Participating Subdivisions. Notwithstanding Sections I.BB, I.CC, I.FF and Section VII.D and E of the Global Settlement, any Participating Subdivision in Washington that meets the applicable requirements for becoming a Participating Subdivision set forth in Section VII.B or Section VII.0 of the Global Settlement on or before September 23, 2022 shall be considered an Initial Participating Subdivision. Participating Subdivisions that are not Initial Participating Subdivisions but meet the applicable requirements for becoming Participating Subdivisions set forth in Section VII.B or Section VII.0 of the Global Settlement after September 23, 2022 shall be considered Later Participating Subdivisions. D. Subdivision Settlement Participation Forms. Each Subdivision Settlement Participation Form submitted by a Participating Subdivision from the State of Washington shall be materially identical to Exhibit F to this Agreement. Nothing in Exhibit F is intended to modify in any way either the terms of this Agreement or the terms of the Global Settlement, both of which the State of Washington and Participating Subdivisions agree to be bound. To the extent that any Subdivision Settlement Participation Form submitted by any Participating Subdivision is worded differently from Exhibit F to this Agreement or interpreted differently from the Global Agreement and this Agreement in any respect, the Global Agreement and this Agreement control. IV. Settlement Payments A. Schedule. Annual Payments under this Agreement shall be calculated as if the State of Washington were a Settling State under the Global Settlement and shall be made pursuant to the terms of Section IV of the Global Settlement except that, as to the State of Washington, the Payment Date for Payment Year 1 shall be December 1, 2022 and the Payment Date for Payment 3 Page 247 of 295 Year 2 shall be December 1, 2022. For the avoidance of doubt, the sole component of the State of Washington's Annual Payment is the portion of the Net Abatement Amount allocated to the State of Washington under the Global Settlement ("Washington Abatement Amount"). The maximum possible Washington Abatement Amount is $430,249,769.02. B. Use of Payment. The Washington Abatement Amount paid under this Agreement shall be used as provided for in Section V of the Global Settlement. C. Nature of Payment. The State of Washington and its Participating Subdivisions agree that payments made to the State of Washington and its Participating Subdivisions under this Agreement are properly characterized as described in Section V.F of the Global Settlement. V. Plaintiffs' Attorneys' Fees and Costs A. Interaction with Global Settlement. Notwithstanding any contrary provision in the Global Settlement, payments to cover attorneys' fees and costs under this Agreement ("Washington Fees and Costs") shall be made pursuant to this Section V. B. Amounts. The total amount to cover of all Washington Fees and Costs is $87,750,230.98. That total consists of the categories of attorneys' fees and costs set forth in this Section V.B and shall be paid on the schedule set forth in Section V.C. 1. State Outside and Inside Counsel Fees and Costs. Settling Distributors shall pay $76,829,316.21 to cover in-house fees and costs and outside counsel fees and costs to the Washington Attorney General's Office, which shall be used for any lawful purpose in the discharge of the Attorney General's duties at the sole discretion of the Attorney General. The amount shall be paid in increments as specified in Section V.0 (Payment Year 1 — 20%, Payment Year 2 — 20%, Payment Year 3 — 15%, Payment Year 4 — 15%, Payment Year 5 — 15%, Payment Year 6 — 10%, Payment Year 7— 5%.) 2. Fees and Costs for Participating Litigating Subdivisions' Attorney. Settling Distributors shall pay $10,920,914.70 to Participating Litigating Subdivisions' attorneys for fees and costs into a single account as directed by the Washington Attorney General's Office, which then shall be paid as agreed between the State of Washington and attorneys for Participating Litigating Subdivisions. Participating Litigating Subdivisions' attorneys shall be paid in accordance with the schedule in Section V.0 and V.D.5 of this Agreement. C. Schedule. Washington Fees and Costs shall be paid according to the following schedule: a. Payment Year 1: Twenty percent (20%) of the total Washington Fees and Costs amount ($17,550,046.20), to be paid on or before December 1, 2022. 4 Page 248 of 295 b. Payment Year 2: Twenty percent (20%) of the total Washington Fees and Costs amount ($17,550,046.20), to be paid on or before December 1, 2022. C. Payment Year 3: Fifteen percent (15%) of the total Washington Fees and Costs amount ($13,162,534.65), to be paid on or before July 15, 2023. d. Payment Year 4: Fifteen percent (15%) of the total Washington Fees and Costs amount ($13,162,534.65), to be paid on or before July 15, 2024. e. Payment Year 5: Fifteen percent (15%) of the total Washington Fees and Costs amount ($13,162,534.65), to be paid on or before July 15, 2025. f. Payment Year 6: Ten percent (10%) of the total Washington Fees and Costs amount ($8,775,023.10), to be paid on or before July 15, 2026. g. Payment Year 7: Five percent (5%) of the total Washington Fees and Costs amount ($4,387,511.55), to be paid on or before July 15, 2027. D. Remittance. So that Settling Distributors do not pay the same fees and costs under both the Global Settlement and this Agreement, Washington and its Participating Litigating Subdivisions and their respective counsel shall do as follows: 1. Participating Litigating Subdivisions in Washington and their counsel shall apply to the Attorney Fee Fund and the Litigating Subdivision Cost Fund created pursuant to Exhibit R of the Global Settlement for all fees, costs and expenses for which they may be eligible and shall instruct the Fee Panel and the Cost and Expense Fund Administrator to remit to Settling Distributors the full amount awarded to such Participating Litigating Subdivision, with each Settling Distributor receiving the percentage of that amount corresponding to the allocation set forth in Section IV.I of the Global Settlement. 2. Counsel for Participating Subdivisions shall instruct the Fee Panel created by the MDL Court pursuant to Exhibit R of the Global Settlement to remit to Settling Distributors the Contingency Fee Amount for their Participating Subdivisions in the State of Washington, with each Settling Distributor receiving the percentage of that amount corresponding to the allocation set forth in Section IV.I of the Global Settlement. 3. The State of Washington shall instruct the Fee Fund Administrator selected pursuant to Exhibit S of the Global Settlement that the Settling Distributors shall not pay the Fixed Amount for the State of Washington, and the State of Washington will not be eligible to receive funds from the State Outside Counsel Fee Fund under the Global Settlement. 4. The State of Washington shall submit documented costs, as provided for in Exhibit T of the Global Settlement, to the Global Settlement State Cost Fund created pursuant to Exhibit T of the Global Settlement for all costs and expenses for which it may be eligible and shall instruct the State Cost Fund Administrator to remit to Settling Distributors the full amount awarded to the State of Washington, with each Settling 5 Page 249 of 295 Distributor receiving the percentage of that amount corresponding to the allocation set forth in Section IV.I of the Global Settlement. 5. No Participating Litigating Subdivision shall receive any payment due under this Agreement, including but not limited to the portion of the Washington Abatement Amount allocable to the Participating Subdivision, until it and/or its outside counsel, as applicable, fulfill their obligations under Sections V.D. 1-2. VI. Release A. Scope. As of the Washington Effective Date, Section XI of the Global Settlement is fully binding on, and effective with respect to, all Releasors under this Agreement. Accordingly, as of the Washington Effective Date, the Released Entities are hereby released and forever discharged from all Released Claims of Releasors, including the State of Washington and its Participating Subdivisions. VII. Miscellaneous A. No Admission. The Settling Distributors do not admit liability, fault, or wrongdoing. Neither this Agreement nor the Washington Consent Judgment shall be considered, construed or represented to be (1) an admission, concession or evidence of liability or wrongdoing or (2) a waiver or any limitation of any defense otherwise available to the Settling Distributors. It is the understanding and intent of the Agreement Parties that no portion of the Agreement shall be entered into evidence in any other action against the Settling Distributors, among other reasons, because it is not relevant to such action. For the avoidance of any doubt, nothing herein shall prohibit a Settling Distributor from entering this Agreement into evidence in any litigation or arbitration concerning a Settling Distributor's right to coverage under an insurance contract. B. Tax Cooperation and Reporting. The State of Washington and its Participating Subdivisions will be bound by Section V.F and Section XIV.F of the Global Settlement, except (i) as set forth in the final sentence of this Section VII.B and (ii) that the State of Washington shall be its own Designated State and shall designate its own "appropriate official" within the meaning of Treasury Regulations Section 1.6050X-l(f)(1)(ii)(B) (the "Appropriate Official"). The IRS Forms 1098-F to be filed with respect to this Agreement are attached as Exhibit C, Exhibit D, and Exhibit E. The State of Washington and its Participating Subdivisions agree that any return, amended return, or written statement filed or provided pursuant to Section XIV.F.4 of the Global Settlement with respect to this Agreement, and any similar document, shall be prepared and filed in a manner consistent with reporting each Settling Distributor's portion of the aggregate amount of payments paid or incurred by the Settling Distributors hereunder as the "Total amount to be paid" pursuant to this Agreement in Box 1 of IRS Form 1098-F, each Settling Distributor's portion of the amount equal to the aggregate amount of payments paid or incurred by the Settling Distributors hereunder less the Compensatory Restitution Amount as the "Amount to be paid for violation or potential violation" in Box 2 of IRS Form 1098-F and each Settling Distributor's portion of the Compensatory Restitution Amount as "Restitution/remediation amount" in Box 3 of IRS Form 1098-F, as reflected in Exhibit C, Exhibit D, and Exhibit E. 6 Page 250 of 295 C. No Third -Party Beneficiaries. Except as expressly provided in this Agreement, no portion of this Agreement shall provide any rights to, or be enforceable by, any person or entity that is not the State of Washington or a Released Entity. The State of Washington may not assign or otherwise convey any right to enforce any provision of this Agreement. D. Cooperation. Each Agreement Party and each Participating Subdivision agrees to use its best efforts and to cooperate with the other Agreement Parties and Participating Subdivisions to cause this Agreement to become effective, to obtain all necessary approvals, consents and authorizations, if any, and to execute all documents and to take such other action as may be appropriate in connection herewith. Consistent with the foregoing, each Agreement Party and each Participating Subdivision agrees that it will not directly or indirectly assist or encourage any challenge to this Agreement or the Washington Consent Judgment by any other person, and will support the integrity and enforcement of the terms of this Agreement and the Washington Consent Judgment. E. Enforcement. All disputes between Settling Distributors and the State of Washington and/or the Participating Subdivisions in the State of Washington shall be handled as specified in Section VI of the Global Settlement, including the referral of relevant disputes to the National Arbitration Panel. F. No Violations of Applicable Law. Nothing in this Agreement shall be construed to authorize or require any action by Settling Distributors in violation of applicable federal, state, or other laws. G. Modification. This Agreement may be modified by a written agreement of the Agreement Parties. For purposes of modifying this Agreement or the Washington Consent Judgment, Settling Distributors may contact the Washington Attorney General for purposes of coordinating this process. The dates and deadlines in this Agreement may be extended by written agreement of the Agreement Parties, which consent shall not be unreasonably withheld. H. No Waiver. Any failure by any Agreement Party to insist upon the strict performance by any other party of any of the provisions of this Agreement shall not be deemed a waiver of any of the provisions of this Agreement, and such party, notwithstanding such failure, shall have the right thereafter to insist upon the specific performance of any and all of the provisions of this Agreement. I. Entire Agreement. This Agreement, including the Global Settlement (and its exhibits), represents the full and complete terms of the settlement entered into by the Agreement Parties, except as provided herein. In any action undertaken by the Agreement Parties, no prior versions of this Agreement and no prior versions of any of its terms may be introduced for any purpose whatsoever. J. Counterparts. This Agreement may be executed in counterparts, and a facsimile or .pdf signature shall be deemed to be, and shall have the same force and effect as, an original signature. K. Notice. All notices or other communications under this Agreement shall be provided to the following via email and overnight delivery to: 7 Page 251 of 295 Copy to AmerisourceBergen Corporation's attorneys at: Michael T. Reynolds Cravath, Swaine & Moore LLP 825 8th Avenue New York, NY 10019 mreynolds@cravath.com Copy to Cardinal Health, Inc. 's attorneys at: Elaine Golin Wachtell, Lipton, Rosen & Katz 51 West 52nd Street New York, NY 10019 epgolin@wlrk.com Copy to McKesson Corporation's attorneys at: Thomas J. Perrelli Jenner & Block LLP 1099 New York Avenue, NW, Suite 900 Washington, DC 20001-4412 TPerrelli@jenner.com Copy to the State of Washington at: Shane Esquibel Jeffrey Rupert Laura Clinton Washington Attorney General's Office 1125 Washington Street SE PO Box 40100 Olympia, WA 98504-0100 Shane.Esquibel@atg.wa.gov Jeffrey.Rupert@atg.wa.gov Laura.Clinton@atg.wa.gov [Signatures begin on next page.] 8 Page 252 of 295 Back to Agenda Authorized and agreed to by: r-- Dated: ROBERT W. FERGUSON Attc LM Title: Division Chief Page 93 of 295 Authorized and agreed to by: Dated: May 2, 2022 AMERISOURCEBERGEN CORPORATION By: Elizabeth Campbell Executive Vice President and Chief Legal Officer Page 254 of 295 Authorized and agreed to by: Dated: 04/29/2022 CARDINAL HEALTH, INC. By: Name: Jessica Mayer Title: Chief Legal and Compliance Officer Page 255 of 295 Back to Agenda Authorized and agreed to by: Dated: 4 Z! Z2' MCKESSON CORPORATION By: Name: Scxf-oat-JA C- Ora v Title: Qff rpe rak Page 256 of 295 Exhibit A Primary Subdivisions2 No. Subdivision Name 1. Aberdeen city 2. Adams County 3. Anacortes City 4. Arlington City 5. Asotin County 6. Auburn City* 7. Bainbridge Island City 8. Battle Ground City 9. Bellevue City* 10. Bellingham City* 11. Benton County* 12. Bonney Lake City 13. Bothell City* 14. Bremerton City* 15. Burien City* 16. Camas City 17. Centralia City 18. Chelan County* 19. Cheney City 20. Clallam County* 21. Clark County* 22. Covington City 23. Cowlitz County* 24. Des Moines City* 25. Douglas County* 26. East Wenatchee City 27. Edgewood City 28. Edmonds City* 29. Ellensburg City 30. Enumclaw City 31. Everett City* 32. Federal Way City* 33. Ferndale City 34. Fife City 35. Franklin County* 36. Gig Harbor City 37. Grandview City 38. Grant County* 2 Entities denoted with an asterisk (*) indicate a population of greater than 30,000 for purposes of the definition of Primary Subdivision as it relates to Incentive Payment C. A-1 Page 257 of 295 39. Grays Harbor County* 40. Island County* 41. Issaquah City* 42. Jefferson County* 43. Kelso City 44. Kenmore City 45. Kennewick City* 46. Kent City* 47. King County* 48. Kirkland City* 49. Kitsap County* 50. Kittitas County* 51. Klickitat County 52. Lacey City* 53. Lake Forest Park City 54. Lake Stevens City* 55. Lakewood City* 56. Lewis County* 57. Liberty Lake City 58. Lincoln County 59. Longview City* 60. Lynden City 61. Lynnwood City* 62. Maple Valley City 63. Marysville City* 64. Mason County* 65. Mercer Island City 66. Mill Creek City 67. Monroe City 68. Moses Lake City 69. Mount Vernon City* 70. Mountlake Terrace City 71. Mukilteo City 72. Newcastle City 73. Oak Harbor City 74. Okanogan County* 75. Olympia City* 76. Pacific County 77. Pasco City* 78. Pend Oreille County 79. Pierce County* 80. Port Angeles City 81. Port Orchard City 82. Poulsbo City 83. Pullman City* 84. Puyallup City* A-2 Page 258 of 295 85. Redmond City* 86. Renton City* 87. Richland City* 88. Sammamish City* 89. San Juan County 90. Seatac City 91. Seattle City* 92. Sedro-Woolley City 93. Shelton City 94. Shoreline City* 95. Skagit County* 96. Skamania County 97. Snohomish City 98. Snohomish County* 99. Snoqualmie City 100. Spokane City* 101. Spokane County* 102. Spokane Valley City* 103. Stevens County* 104. Sumner City 105. Sunnyside City 106. Tacoma City* 107. Thurston County* 108. Tukwila City 109. Tumwater City 110. University Place City* 111. Vancouver City* 112. Walla Walla City* 113. Walla Walla County* 114. Washougal City 115. Wenatchee City* 116. West Richland City 117. Whatcom County* 118. Whitman County* 119. Woodinville City 120. Yakima City* 121. Yakima County* A-3 Page 259 of 295 Exhibit B Liti!atin2 Subdivisions No. Subdivision Name 1. Anacortes City 2. Bainbridge Island City 3. Burlington City 4. Chelan County 5. Clallam County 6. Clark County 7. Everett City 8. Franklin County 9. Island County 10. Jefferson County 11. Kent City 12. King County 13. Kirkland City 14. Kitsap County 15. Kittitas County 16. La Conner School District 17. Lakewood City 18. Lewis County 19. Lincoln County 20. Mount Vernon City 21. Mount Vernon School District 22. Olympia City 23. Pierce County 24. San Juan County 25. Seattle City 26. Sedro-Woolley City 27. Sedro-Woolley School District 28. Skagit County 29. Snohomish County 30. Spokane City 31. Spokane County 32. Tacoma City 33. Thurston County 34. Vancouver City 35. Walla Walla County 36. Whatcom County 37. Whitman County B-1 Page 260 of 295 Exhibit C ABC IRS Form 1098-F This Exhibit C will be appended to the Agreement prior to the Effective Date pursuant to Section VII.B. C-1 Page 261 of 295 Exhibit D Cardinal Health IRS Form 1098-F This Exhibit D will be appended to the Agreement prior to the Effective Date pursuant to Section VII.B. D-1 Page 262 of 295 Exhibit E McKesson IRS Form 1098-F This Exhibit E will be appended to the Agreement prior to the Effective Date pursuant to Section VII.B. E-1 Page 263 of 295 Exhibit F Subdivision Settlement Participation Form Governmental Entity: State: Authorized Official: Address 1: Address 2: City, State, Zip: Phone: Email: The governmental entity identified above ("Governmental Entity"), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement dated May 2, 2022 ("Distributors Washington Settlement"), and acting through the undersigned authorized official, hereby elects to participate in the Distributors Washington Settlement, release all Released Claims against all Released Entities, and agrees as follows. The Governmental Entity is aware of and has reviewed the Distributors Washington Settlement, including the Distributor Global Settlement Agreement dated July 21, 2021 ("Global Settlement") attached to the Distributors Washington Settlement as Exhibit H, understands that all terms in this Participation Form have the meanings defined therein, and agrees that by signing this Participation Form, the Governmental Entity elects to participate in the Distributors Washington Settlement and become a Participating Subdivision as provided therein. 2. The Governmental Entity shall, within 14 days of October 1, 2022 and prior to the filing of the Consent Judgment, secure the dismissal with prejudice of any Released Claims that it has filed. 4. The Governmental Entity agrees to the terms of the Distributors Washington Settlement pertaining to Subdivisions as defined therein. 5. By agreeing to the terms of the Distributors Washington Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after December 1, 2022. 6. The Governmental Entity agrees to use any monies it receives through the Distributors Washington Settlement solely for the purposes provided therein. 7. The Governmental Entity submits to the jurisdiction of the Washington Consent Judgment Court for purposes limited to that court's role as provided in, and for resolving disputes to the extent provided in, the Distributors Washington Settlement. The Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel as provided in, and for resolving disputes to the extent otherwise provided in the Distributors Washington Settlement. F-1 Page 264 of 295 Back to Agenda 8. The Governmental Entity has the right to enforce the Distributors Washington Settlement as provided therein. 9. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Distributors Washington Settlement, including, but not limited to, all provisions of Section XI of the Global Settlement, and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Distributors Washington Settlement are intended by the Agreement Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Distributors Washington Settlement shall be a complete bar to any Released Claim. 10. The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision as set forth in the Distributors Washington Settlement. 11. In connection with the releases provided for in the Distributors Washington Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads: General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party. A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the date the Distributors Washington Settlement becomes effective pursuant to Section II.B of the Distributors Washington Settlement, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities' decision to participate in the Distributors Washington Settlement. F-2 Page 265 of 295 12. Nothing herein is intended to modify in any way the terms of the Distributors Washington Settlement, to which Governmental Entity hereby agrees. To the extent this Participation Form is worded differently from Exhibit F to the Distributors Washington Settlement or interpreted differently from the Distributors Washington Settlement in any respect, the Distributors Washington Settlement controls. I have all necessary power and authorization to execute this Participation Form on behalf of the Governmental Entity. Signature: Name: Title: Date: F-3 Page 266 of 295 Exhibit G Consent Judgment and Stipulation of Dismissal with Prejudice The Honorable Michael Ramsey Scott Trial Date: November 15, 2021 STATE OF WASHINGTON KING COUNTY SUPERIOR COURT STATE OF WASHINGTON, Plaintiff, 0 MCKESSON CORPORATION, CARDINAL HEALTH INC., and AMERISOURCEBERGEN DRUG CORPORATION, Defendants. NO. 19-2-06975-9 SEA FINAL CONSENT JUDGMENT AND DISMISSAL WITH PREJUDICE FINAL CONSENT JUDGMENT AND DISMISSAL WITH PREJUDICE The State of Washington ("State") and McKesson Corporation, Cardinal Health, Inc., AmerisourceBergen Drug Corporation and AmerisourceBergen Corporation, together with the subsidiaries thereof (collectively, the "Settling Distributors," and each a "Settling Distributor") (together with the State, the "Parties," and each a "Party") have entered into a consensual resolution of the above -captioned litigation (the "Action") pursuant to a settlement agreement entitled Distributors Washington Settlement Agreement, dated as of May 2, 2022 (the "Washington Agreement"), a copy of which is attached hereto as Exhibit A. The Washington Agreement shall become effective by its terms upon the entry of this Final Consent Judgment (the "Judgment") by the Court without adjudication of any contested issue of fact or law, and without finding or admission of wrongdoing or liability of any kind. By entering into the Washington Agreement, the State of Washington agrees to be bound by all terms and conditions G-1 Page 267 of 295 of the Distributor Settlement Agreement, dated as of July 21, 2021 (as subsequently updated) (the "Global Agreement"), a copy of which is attached hereto as Exhibit B (together with the Washington Agreement, the "Agreements") unless stated otherwise in the Washington Agreement. Unless stated otherwise in the Washington Agreement, the terms of the Washington Agreement are intended to be consistent with the terms of the Global Settlement and shall be construed accordingly. I. RECITALS: 1. Each Party warrants and represents that it engaged in arm's-length negotiations in good faith. In hereby executing the Agreements, the Parties intend to effect a good -faith settlement. 2. The State has determined that the Agreements are in the public interest. 3. The Settling Distributors deny the allegations against them and that they have any liability whatsoever to the State, its Subdivisions, and/or (a) any of the State's or Subdivisions' departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, including its Attorney General, and any person in his or her official capacity whether elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, (b) any public entities, public instrumentalities, public educational institutions, unincorporated districts, fire districts, irrigation districts, and other Special Districts, and (c) any person or entity acting in a parens patriae, sovereign, quasi - sovereign, private attorney general, qui tam, taxpayer, or other capacity seeking relief on behalf of or generally applicable to the general public. 4. The Parties recognize that the outcome of the Action is uncertain and a final resolution through the adversarial process likely will require protracted litigation. 5. The Parties agree to the entry of the injunctive relief terms pursuant to Exhibit P of the Global Agreement. 6. Therefore, without any admission of liability or wrongdoing by the Settling Distributors or any other Released Entities (as defined in the Global Agreement), the Parties now mutually consent to the entry of this Judgment and agree to dismissal of the claims with prejudice pursuant G-2 Page 268 of 295 to the terms of the Agreements to avoid the delay, expense, inconvenience, and uncertainty of protracted litigation. NOW THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT: In consideration of the mutual promises, terms, and conditions set forth in the Agreements, the adequacy of which is hereby acknowledged by all Parties, it is agreed by and between the Settling Distributors and the State, and adjudicated by the Court, as follows: 1. The foregoing Recitals are incorporated herein and constitute an express term of this Judgment. 2. The Parties have entered into a full and final settlement of all Released Claims of Releasors against the Settling Distributors (including but not limited to the State) and the Released Entities pursuant to the terms and conditions set forth in the Agreements. 3. The "Definitions" set forth in Section I of the Global Agreement are incorporated by reference into this Judgment. The State is a "Settling State" within the meaning of the Global Agreement. Unless otherwise defined herein, capitalized terms in this Judgment shall have the same meaning given to them in the Global Agreement, or, if not defined in the Global Agreement, the same meaning given to them in the Washington Agreement. 4. The Parties agree that the Court has jurisdiction over the subject matter of the Action and over the Parties with respect to the Action and this Judgment. This Judgment shall not be construed or used as a waiver of any jurisdictional defense the Settling Distributors or any other Released Entity may raise in any other proceeding. 5. The Court finds that the Agreements were entered into in good faith. 6. The Court finds that entry of this Judgment is in the public interest and reflects a negotiated settlement agreed to by the Parties. The Action is dismissed with prejudice, subject to a retention of jurisdiction by the Court as provided herein and in the Agreements. G-3 Page 269 of 295 7. By this Judgment, the Agreements are hereby approved by the Court, and the Court hereby adopts their terms as its own determination of this matter and the Parties' respective rights and obligations. 8. The Court shall have authority to resolve disputes identified in Section VI.F.1 of the Global Agreement, governed by the rules and procedures of the Court. 9. The Parties have satisfied the Conditions to Effectiveness of Agreement set forth in Section II.B of the Washington Agreement as follows: a. The Enforcement Committee and the Settling Distributors executed the Enforcement Committee Agreement by June 1, 2022. b. All Litigating Subdivisions in the State of Washington and ninety percent (90%) of Non -Litigating Primary Subdivisions (calculated by population pursuant to the Global Settlement) in the State of Washington became Participating Subdivisions by September 23, 2022. 10. The Parties have satisfied the Condition to Effectiveness of Agreement set forth in Section VIII of the Global Agreement and the Release set forth in Sections XI.A, F, and G of the Global Agreement, as follows: a. The Attorney General of the State exercised the fullest extent of his or her powers to release the Settling Distributors and all other Released Entities from all Released Claims pursuant to the release attached hereto as Exhibit C (the "AG Release"). b. The Settling Distributors have determined that there is sufficient State participation and sufficient resolution of the Claims of the Litigating Subdivisions in the Settling States to proceed with the Agreements. C. The Participation Form for each Initial Participating Subdivision in the State has been delivered to the Settling Distributors. As stated in the Participation Form, and for the avoidance of doubt, nothing in the Participation Form executed by the Participating Subdivisions is intended to modify in any way the terms of the G-4 Page 270 of 295 Agreements to which the Participating Subdivisions agree. As stated in the Participation Form, to the extent the executed version of the Participation Form differs from the Global Agreement in any respect, the Global Agreement controls. d. Pursuant to Section VIII.B of the Global Agreement, each Participating Subdivision in the State is dismissing with prejudice any Released Claims that it has filed against the Settling Distributors and the Released Entities. 11. Release. The Parties acknowledge that the AG Release, which is incorporated by reference herein, is an integral part of this Judgment. Pursuant to the Agreements and the AG Release and without limitation and to the maximum extent of the power of the State's Attorney General, the Settling Distributors and the other Released Entities are, as of the Effective Date, hereby released from any and all Released Claims of (a) the State and its Participating Subdivisions and any of their departments, agencies, divisions, boards, commissions, Subdivisions, districts, instrumentalities of any kind and attorneys, including the State's Attorney General, and any person in his or her official capacity whether elected or appointed to serve any of the foregoing, and any agency, person, or other entity claiming by or through any of the foregoing, (b) any public entities, public instrumentalities, public educational institutions, unincorporated districts, fire districts, irrigation districts, and other Special Districts in the State, and (c) any person or entity acting in a parens patriae, sovereign, quasi -sovereign, private attorney general, qui tam, taxpayer, or other capacity seeking relief on behalf of or generally applicable to the general public with respect to the State or any Subdivision in the State, whether or not any of them participate in the Agreements. Pursuant to the Agreements and the AG Release and to the maximum extent of the State's power, the Settling Distributors and the other Released Entities are, as of the Effective Date, hereby released from any and all Released Claims of (1) the State, (2) all past and present executive departments, state agencies, divisions, boards, commissions and instrumentalities with the regulatory authority to enforce state and federal controlled substances acts, and (3) any of the State's past and present executive departments, agencies, divisions, boards, commissions and instrumentalities that have the authority to bring Claims related to Covered Conduct seeking G-5 Page 271 of 295 money (including abatement and/or remediation) or revocation of a pharmaceutical distribution license. For the purposes of clause (3) above, executive departments, agencies, divisions, boards, commissions, and instrumentalities are those that are under the executive authority or direct control of the State's Governor. Further, the provisions set forth in Section XI of the Global Agreement are incorporated by reference into this Judgment as if fully set forth herein. The Parties acknowledge, and the Court finds, that those provisions are an integral part of the Agreements and this Judgment, and shall govern the rights and obligations of all participants in the settlement. Any modification of those rights and obligations may be made based only on a writing signed by all affected parties and approved by the Court. 12. Release of Unknown Claims. The State expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads: General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. 13. The State may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but the State expressly waived and fully, finally, and forever settled, released and discharged, through the Agreements and AG Release, any and all Released Claims that may exist as of the Effective Date but which the State does not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would have materially affected the State's decision to enter into the Agreements. 14. Costs and Fees. The Parties will bear their own costs and attorneys' fees except as otherwise provided in the Agreements. G-6 Page 272 of 295 15. No Admission of Liability. The Settling Distributors are consenting to this Judgment solely for the purpose of effectuating the Agreements, and nothing contained herein may be taken as or construed to be an admission or concession of any violation of law, rule, or regulation, or of any other matter of fact or law, or of any liability or wrongdoing, all of which the Settling Distributors expressly deny. None of the Settling Distributors or any other Released Entity admits that it caused or contributed to any public nuisance, and none of the Settling Distributors or any other Released Entity admits any wrongdoing that was or could have been alleged by the State, its Participating Subdivisions, or any other person or entity. No part of this Judgment shall constitute evidence of any liability, fault, or wrongdoing by the Settling Distributors or any other Released Entity. The Parties acknowledge that payments made under the Agreements are not a fine, penalty, or payment in lieu thereof and are properly characterized as described in Section V.F of the Global Agreement. 16. No Waiver. This Judgment is entered based on the Agreements without adjudication of any contested issue of fact or law or finding of liability of any kind. This Judgment shall not be construed or used as a waiver of any Settling Distributor's right, or any other Released Entity's right, to defend itself from, or make any arguments in, any other regulatory, governmental, private individual, or class claims or suits relating to the subject matter or terms of this Judgment. Notwithstanding the foregoing, the State may enforce the terms of this Judgment as expressly provided in the Agreements. 17. No Private Right of Action. This Judgment is not intended for use by any third party for any purpose, including submission to any court for any purpose, except pursuant to Section VI.A of the Global Agreement. Except as expressly provided in the Agreements, no portion of the Agreements or this Judgment shall provide any rights to, or be enforceable by, any person or entity that is not a Settling State or Released Entity. The State shall allow Participating Subdivisions in the State to notify it of any perceived violations of the Agreements or this Judgment. No Settling State, including the State of Washington, may assign or otherwise convey any right to enforce any provision of the Agreements. G-7 Page 273 of 295 18. Admissibility. It is the intent of the Parties that this Judgment not be admissible in other cases against the Settling Distributors or binding on the Settling Distributors in any respect other than in connection with the enforcement of this Judgment or the Agreements. For the avoidance of doubt, nothing herein shall prohibit a Settling Distributor from entering this Judgment or the Agreements into evidence in any litigation or arbitration concerning (1) a Settling Distributor's right to coverage under an insurance contract or (2) the enforcement of the releases provided for by the Agreements and this Judgment. 19. Preservation of Privilege. Nothing contained in the Agreements or this Judgment, and no act required to be performed pursuant to the Agreements or this Judgment, is intended to constitute, cause, or effect any waiver (in whole or in part) of any attorney -client privilege, work product protection, or common interest/joint defense privilege, and each Party agrees that it shall not make or cause to be made in any forum any assertion to the contrary. 20. Mutual Interpretation. The Parties agree and stipulate that the Agreements were negotiated on an arm's-length basis between parties of equal bargaining power and was drafted jointly by counsel for each Party. Accordingly, the Agreements are incorporated herein by reference and shall be mutually interpreted and not construed in favor of or against any Party, except as expressly provided for in the Agreements. 21. Retention of Jurisdiction. The Court shall retain jurisdiction of the Parties for the limited purpose of the resolution of disputes identified in Section VI.F.1 of the Global Agreement. The Court shall have jurisdiction over Participating Subdivisions in the State for the limited purposes identified in the Agreements. 22. Successors and Assigns. This Judgment is binding on each of the Settling Distributor's successors and assigns. 23. Modification. This Judgment shall not be modified (by the Court, by any other court, or by any other means) without the consent of the State and the Settling Distributors, or as provided for in Section XIV.0 of the Global Agreement. G-8 Page 274 of 295 So ORDERED this day of 2022. THE HONORABLE JUDGE MICHAEL. R. SCOTT APPROVED, AGREED TO AND PRESENTED BY: ROBERT W. FERGUSON Attorney General s/ MARTHA RODRIGUEZ LOPEZ, WSBA No. 35466 ANDREW R.W. HUGHES, WSBA No. 49515 NATHAN K. BAYS, WSBA No. 43025 BRIAN H. ROWE, WSBA No. 56817 SPENCER W. COATES, WSBA No. 49683 KELSEY E. ENDRES, WSBA No. 39409 LAURA K. CLINTON, WSBA No. 29846 JONATHAN J. GUSS, WSBA No. 57663 SUSAN E. LLORENS, WSBA No. 38049 LIA E. PERNELL, WSBA No. 50208 MOTLEY RICE LLC s/ LINDA SINGER, pro hac vice ELIZABETH SMITH, pro hac vice DAVID I. ACKERMAN, pro hac vice JAMES LEDLIE, pro hac vice DON MIGLIORI, pro hac vice REBECCA FONSECA, pro hac vice MICHAEL J. QUIRK, pro hac vice ANNIE KOUBA, pro hac vice MICHAEL J. PENDELL, pro hac vice CHRISTOPHER MORIARTY, pro hac vice LISA M. SALTZBURG, pro hac vice NATALIA DEYNEKA, pro hac vice MICHAEL E. ELSNER, pro hac vice ANDREW P. ARNOLD, pro hac vice MIMI LIU, pro hac vice STOEL RIVES LLP s/ VANESSA SORIANO POWER, WSBA No. 30777 JENNA M. POLIGO, WSBA No. 54466 RACHEL C. LEE, WSBA No. 48245 S. JULIA LITTELL, WSBA No. 54106 PER RAMFJORD, pro hac vice CHRIS C. RIFER, pro hac vice WILLIAMS & CONNOLLY LLP s/ LORYN HELFMANN, pro hac vice A. JOSHUA PODOLL, pro hac vice SUZANNE SALGADO, pro hac vice NEELUM J. WADHWANI, pro hac vice PAUL E. BOEHM, pro hac vice ELEANOR J.G. WASSERMAN, pro hac vice DAVID J. PARK, pro hac vice JOSHUA D. TULLY, pro hac vice STEVEN PYSER, pro hac vice ENU A. MAINIGI, pro hac vice JENNIFER G. WICHT, pro hac vice JOSEPH S. BUSHUR, pro hac vice COLLEEN MCNAMARA, pro hac vice MATTHEW P. MOONEY, pro hac vice ASHLEY W. HARDIN, pro hac vice J. ANDREW KEYES, pro hac vice EMILY R. PISTILLI, pro hac vice BRAD MASTERS, pro hac vice G-9 Page 275 of 295 ANN RITTER, pro hac vice WILLIAM F. HAWKINS, pro hac vice SARA AGUINGUA, pro hac vice DAVID BURNETT, pro hac vice Attorneys for Defendant Cardinal Health Inc. VINCENT GREENE, pro hac vice Attorneys for Plaintiff State of Washington GORDON TILDEN THOMAS & CORDELL LLP FRANKLIN D. CORDELL, WSBA No. 26392 JEFFREY M. THOMAS, WSBA No. 21175 KASEY HUEBNER, WSBANo. 32890 COVINGTON & BURLING CHISTOPHER EPPICH, pro hac vice ANDREW STANNER, pro hac vice KEVIN KELLY, pro hac vice AMBER CHARLES, pro hac vice MEGHAN MONAGHAN, pro hac vice ISAAC CHAPUT, pro hac vice DANIEL EAGLES, pro hac vice MEGAN MCLAUGHLIN, pro hac vice DEVON L. MOBLEY RITTER, pro hac vice MEGAN RODGERS, pro hac vice SONYA D. WINNER, pro hac vice CLAYTON L. BAILEY, pro hac vice JAMES A. GOOLD, pro hac vice EMILY KVESELIS, pro hac vice PAUL W. SCHMIDT, pro hac vice ALEXANDER SETZEPFANDT, pro hac vice CHRISTIAN J. PISTILLI, pro hac vice LAUREN DORRIS, pro hac vice NICHOLAS GRIEPSMA, pro hac vice ALISON DICIURCIO, pro hac vice SARA J. DENNIS, pro hac vice PHYLLIS A. JONES, pro hac vice DALE A. RICE, pro hac vice Attorneys for Defendant McKesson Corp. LANE POWELL PC s/ JOHN S. DEVLIN III, WSBA No. 23988 PILAR FRENCH, WSBA No. 33300 REED SMITH LLP G-10 Page 276 of 295 ROBERT A. NICHOLAS, pro hac vice KIM M. WATTERSON, pro hac vice STEVEN BORANIAN, pro hac vice ELIZABETH BRANDON, pro hac vice Attorneys for Defendant AmerisourceBergen Drug Corporation and AmerisourceBergen Corporation G-11 Page 277 of 295 DECLARATION OF SERVICE I declare that I caused a copy of the foregoing document to be electronically served using the Court's Electronic Filing System, which will serve a copy of this document upon all counsel of record. CARDINAL Vanessa S. Power, Atty vanessa. ower stoel.com Jenna Poli o, Atty jenna.poligo(&,stoel.com Per A. Ramfjord, Atty per.ramfjordAstoel.com Rachel C. Lee, Atty rachel.lee stoel.com Christopher C. Rifer, Atty christopher.rifer@stoel.com Loryn Helfmann, Atty Ihelfinann@wc.com A. Joshua Podoll, Atty apodoll@wc.com Suzanne Salgado, Atty ssalgado@wc.com Neelum J. Wadhwani, Atty nwadhwani wc.com Paul E. Boehm, Atty pboehm@wc.com Eleanor J. G. Wasserman, Atty easserman wc.com David J. Park, Atty dpark@wc.com Joshua D. Tully, Atty jtullypwc.com Steven P ser, Atty spyserAwc.com Enu A. Maini i, Atty emainigi@wc.com Jennifer G. Wicht, Atty jwicht(&wc.com Joseph S. Bushur, Atty jbushurAwc.com Colleen McNamara, Atty cmcnamara wc.com Ashley W. Hardin, Atty ahardin@wc.com J. Andrew Keyes, Atty akeyes@wc.com Emily R. Pistilli, Atty epistilli@wc.com William F. Hawkins, Atty whawkins@wc.com Stoel Docketing docketclerk stoel.com Leslie Lomax, Legal Assistant leslie.lomax stoel.com WA Action cardinalwashin tonaction wc.com MCKESSON Franklin D. Cordell fcordell ordontilden.com Jeffrey M. Thomas jthomasggordontilden.com Kasey Huebner khuebner ordontilden.com Christopher Eppich, Atty ceppichAcov.com Andrew Stanner, Atty astanner cov.com Kevin Kelly, Atty kkellyAcov.com Amber Charles, Atty acharles cov.com Me han Monaghan, Atty mmona han cov.com Isaac Cha ut, Atty icha ut cov.com Daniel Eagles, Atty dea les cov.com Megan McLaughlin, Atty mmclau hlin cov.com Devon L. Mobley -Ritter, Atty dmobleyritterAcov.com Megan Rodgers, Atty mrod ers cov.com Sonya D. Winner, Atty swinner cov.com Clayton L. Bailey, Aft cbaile cov.com G-12 Page 278 of 295 Back to Agenda James A. Goold, Atty igoold@cov.com Emily Kveselis, Atty eveselis cov.com Paul W. Schmidt, Atty pschmidt(&,cov.com Alexander Setze fandt, Atty asetze fandt cov.com Christian J. Pistilli, Atty c istilli cov.com Lauren Dorris, Atty ldorris cov.com Nicholas Grie sma, Atty ngriepsmaAcov.com Alison DiCiurcio, Atty adiciurcio cov.com Sara J. Dennis, Atty sdennis cov.com Phyllis A. Jones, Atty pajones@cov.com Dale A. Rice, Atty drice@cov.com Nicole Antoine, Atty nantoine@cov.com Timothy Hester, Atty thester@cov.com Gregory L. Halperin, Atty ghalperin@cov.com Stephen Petkis, Atty s etkis cov.com Alice Phillips Atty a hilli s cov.com Ellen Evans, Legal Assistant eevansAgordontilden.com Jacqueline Lucien Legal Assistant jlucienggordontilden.com Courtney Caryl Garth, Paralegal ccar 1 ordontilden.com Electronic Mailing Inbox mckessonwa cov.com AMERISOURCEBERGEN Pilar French, Aft frenchpglanepowell.com John S. Devlin III, Atty devlin' lane owell.com Katie Bass, Atty bassk lane owell.com Elizabeth Brandon, Atty ebrandon reedsmith.com Sarah Johansen, Atty sjohansen@reedsmith.com Rachel B. Weil, Atty rweil reedsmith.com Steven Boranian, Atty sboranian reedsmith.com Adam D. Brownrout, Atty abrownrout reedsmith.com Nicole S. Soussan, Atty nsoussan reedsmith.com Brian T. Himmel, Atty bhimmel reedsmith.com Shannon E. McClure, Atty smcclure reedsmith.com Michael J. Salimbene, Atty msalimbene reedsmith.com Robert A. Nicholas, Atty micholas reedsmith.com Thomas H. Suddath, Jr., Atty tsuddath reedsmith.com Thomas J. McGarri le, Atty tmc arri le reedsmith.com Courtland C. Chillingworth, Atty cchillin orth reedsmith.com Christina M. Vitale, Atty cvitale reedsmith.com Brian T. Kiolbasa, Atty kiolbasab lane owell.com Abigail M. Pierce, Atty abi ail. fierce reedsmith.com Joseph Mahad , Atty jmahady(q-,)reedsmith.com Jeffrey R. Melton, Atty jmeltongreedsmith.com Anne E. Rollins, Atty arollins reedsmith.com Eric J. Buhr, Atty ebuhr reedsmith.com Brent R. Gary, Atty b a reedsmith.com Kim M. Watterson, Aft KWatterson reedsmith.com Jeffrey M. Weimer, Aft JWeimer reedsmith.com E-Mailbox Docketin -SEA lane owell.com E-Mailbox Docketin -PDX lane owell.com E-Mailbox ABDCWA LanePowell.com G-13 Page 279 of 295 DATED day of 2022, at Seattle, Washington. s_/ ANDREW R.W. HUGHES, WSBA No. 49515 G-14 Page 280 of 295 Back to Agenda [See attachment.] Exhibit H Distributor Global Settlement Agreement H-1 Page 281 of 295 8/4/22, 2:20 PM AG Ferguson: Opioid distributors to pay $518 million to Washington Back to Agenda Published on Washington State (https://www.atg.wa.gov) Home > AG Ferguson: Opioid distributors to pay $518 million to Washington AG Ferguson: Opioid distributors to pay $518 million to Washington FOR IMMEDIATE RELEASE: May 3 2022 Ferguson's decision to reject national settlement and take distributors to trial results in approximately $46 million in additional resources to address the opioid epidemic SEATTLE — Six months after taking the three largest distributors of prescription opioids to trial, Attorney General Bob Ferguson announced a resolution -in -principle that will deliver approximately a half -billion dollars to Washington to combat the opioid epidemic. The Washington Attorney General's trial against McKesson Corp., Cardinal Health Inc. and AmerisourceBergen Drug Corp. began in King County Superior Court on November 15 — more than two years after Ferguson filed a lawsuit against the three large corporations for helping to fuel the opioid epidemic. As a result of today's announced resolution, these three opioid distributors will pay a total of $518 million. More than $476 million will be directed toward addressing the opioid epidemic. Ferguson rejected a national settlement between the three opioid distributors in order to take these entities to trial. Ferguson's decision will result in Washington receiving $46 million in additional resources from the distributors to provide substance abuse treatment and support other strategies to address the opioid crisis, including housing and other wrap -around services. "We could have joined the overwhelming majority of states and settled with the the largest opioid distributors, but we chose to fight them in court instead," Ferguson said. "That decision to take them to court will result in significant additional resources for Washington to combat the opioid epidemic. These resources will increase prevention efforts and help Washingtonians in need, including providing necessary wrap -around services for those experiencing homelessness as a result of their substance abuse disorder. This is a historic resolution — one of the largest in state history. We forced these companies to stand trial for their conduct. Washingtonians will receive approximately one half billion dollars to combat the opioid epidemic — including $46 million more than Washington would have received if we had accepted the national settlement last year." This is part of a wider effort by Ferguson to combat the opioid epidemic and recover resources to address the ongoing crisis. It is the second time Ferguson's rejection of a national settlement led to a better deal for Washingtonians. In March, Ferguson announced that Washington will receive $183 million to Page 282 of 295 https://www.atg.wa.gov/print/14403 1 /4 8/4/22, 2:20 PM AG Ferguson: Opioid distributors to pay $518 million to Washingt Back to Agenda address the opioid crisis as a result of his office successfully leading the challenge to the ruraue bankruptcy plan — $113 million more than Washington would have received under the original deal. As part of his strategy of rejecting national settlements and choosing to litigate, Ferguson also declined to settle with Johnson & Johnson last year. The Washington Attorney General's Office has a trial scheduled against opioid manufacturer Johnson & Johnson in September. Ferguson's legal team is conducting multiple ongoing investigations into conduct by other entities that helped fuel the epidemic. In recent years, the Washington Attorney General's Office has recovered a total of $714.5 million from opioid litigation. This total includes $183 million in recoveries from Purdue Pharma and $13.5 million from McKinsey to address harms from the opioid crisis. Opioid • • - • • WA Resolution vs. National $500 M WA resolution nets additional $500 M $46 million for resources to address opioid epidemic $400 M — $300 M $200 M — $ l 0D M $0 Washington Proposed Resolution National Settlement EReiroci s rrtfar Litigation Costs 0 Resources to Address Opioid Epidemic Terms of the Proposed Resolution WA combat the 5ackler will receive an additional the opiold epidemic family and opioid $159 million to as a result of taking distributors to court :11 11 M o a• $183 Million � � 11 MILLION (tot• 11 m $70 Million $476 Million 411 M$430 Million 11 11 11 1 Washington Proposed Resolutions National Settlements 0 Purdue rase Distributors Case Today's announced resolution is not final until all litigating Washington jurisdictions and at least 90% of non -litigating jurisdictions with populations over 10,000 agree to its terms, and the King County Superior Court judge approves. This is similar to the structure of the national resolution. If approved, Washington state will receive $518 million. These resources will be paid out over a period of 17 years. This is the same time period for payment as the national settlement that virtually every attorney general agreed to earlier this year. More than $476 million must be used to combat the opioid epidemic through a range of approved strategies. These strategies are consistent with the state's Opioid Response Plan. Approved strategies for addressing the opioid epidemic include: Page 283 of 295 https://www.atg.wa.gov/print/14403 2/4 8/4/22, 2:20 PM AG Ferguson: Opioid distributors to pay $518 million to Washington • Improving and expanding treatment for opioid use disorder; Back to Agenda • Supporting individuals in treatment and recovery, including providing comprehensive wrap- around services to individuals with opioid use disorder, including housing, transportation, education, job placement, job training or childcare; • Addressing the needs of pregnant women and their families, including those with babies with neonatal disorder; • Preventing opioid misuse, overprescribing and overdoses through, among other strategies, school -based and youth -focused programs, public education campaigns, increased availability and distribution of naloxone and other drugs that treat overdoses, additional training and enhancements to the prescription drug monitoring program; and • Supporting first responders. The remainder will cover the costs of litigation, including direct trial expenses of more than $10 million, and approximately $11 million for legal expenses of all litigating local governments. Local governments can allocate additional resources for legal expenses if they choose. Allegations Ferguson's lawsuit against McKesson, Cardinal Health and AmerisourceBergen asserted that the three Fortune 15 companies made billions of dollars feeding the opioid epidemic, shipping huge amounts of oxycodone, fentanyl, hydrocodone and other prescription opioids into the state even when they knew or should have known those drugs were likely to end up in the hands of drug dealers and those suffering from substance use disorder. Opioid distributors are legally required to monitor the size and frequency of prescription opioid orders to identify suspicious orders that could be diverted into the illegal drug market. Distributors are required to stop these suspicious shipments and report them to the federal Drug Enforcement Agency (DEA). Instead, McKesson, Cardinal Health and AmerisourceBergen faced repeated actions from the DEA for continuously failing to stop and report suspicious opioid shipments, paying hundreds of millions in fines for their failure to follow the rules. Prescriptions and sales of opioids in Washington skyrocketed more than 500% between 1997 and 2011. In 2011, at the peak of overall sales in Washington, more than 112 million daily doses of all prescription opioids were dispensed in the state — enough for a 16-day supply for every woman, man and child in Washington. In 2015, there were eight counties with more prescriptions than population, led by Asotin, with nearly 1 % prescriptions per person. The other counties were Clallam, Grays Harbor, Columbia, Garfield, Pend Oreille, Lewis and Benton. In 2008, there were 16 counties with more prescriptions than people. Ferguson asserted that McKesson, Cardinal Health and AmerisourceBergen violated the law by filling thousands of suspicious orders in Washington state without adequately identifying them or reporting them. -30- Page 284 of 295 https://www.atg.wa.gov/print/14403 3/4 8/4/22, 2:20 PM AG Ferguson: Opioid distributors to pay $518 million to Washington Back to Agenda Washington's Attorney General serves the people and the state of Washington. As the state's largest law firm, the Attorney General's Office provides legal representation to every state agency, board, and commission in Washington. Additionally, the Office serves the people directly by enforcing consumer protection, civil rights, and environmental protection laws. The Office also prosecutes elder abuse, Medicaid fraud, and handles sexually violent predator cases in 38 of Washington's 39 counties. Visit www.atg.wa.gov to learn more. Media Contact: Brionna Aho, Communications Director, (360) 753-2727; Brionna.aho@atg.wa.gov General contacts: Click here Distributors Press Conference Page 285 of 295 https://www.atg.wa.gov/print/14403 4/4 Back to Agenda City of Port Orchard Council Meeting Minutes Regular Meeting of July 26, 2022 1. CALL TO ORDER AND ROLL CALL Mayor Putaansuu called the meeting to order at 6:31 p.m. Roll call was taken by the City Clerk as follows: Councilmember Lucarelli Present Councilmember Chang Present Councilmember Clauson Present Councilmember Cucciardi Present Councilmember Diener Absent Councilmember Trenary Present Councilmember Rosapepe Present Mayor Putaansuu Present Staff present: Finance Director Crocker, Police Chief M. Brown, Community Development Director Bond, Assistant City Engineer Hammer, City Attorney Archer, City Clerk Wallace, and Deputy City Clerk Floyd. The meeting also streamed live on YouTube. A. PLEDGE OF ALLEGIANCE (Time Stamp: 00:41) Mayor Putaansuu led the audience and Council in the Pledge of Allegiance. 2. APPROVAL OF AGENDA (Time Stamp: 01:02) MOTION: By Councilmember Cucciardi, seconded by Councilmember Clauson, to remove Business Item 7E [Adoption of a Resolution Supporting the TIB 2022 Urban Arterial Program Funding Application for the Bethel Corridor Phase 1 Project], add a Business Item 7A [Adoption of an Ordinance Repealing and Replacing POMC Chapter 9.18, Domestic Violence Protection Orders], and add to the Consent Agenda the personal excusal of Councilmember Diener. The motion carried. 3. CITIZENS COMMENTS (Time Stamp: 02:33) Page 286 of 295 Back to Agenda Minutes of July 26, 2022 Paee 2 of 6 4. CONSENT AGENDA (Time Stamp: 04:33) A. Approval of Voucher Nos. 84367 through 84426 and 84434 through 84466 including bank drafts in the amount of $1,883,951.86 and EFTS in the amount of $135,177.61 totaling $2,019,129.47. B. Approval of Payroll Check Nos. 84427 through 84433 including bank drafts and EFTS in the amount of $228,787.90 and Direct Deposits in the amount of $226,607.46 totaling $455,395.36. C. Adoption of a Resolution Declaring an Item as Surplus and Authorizing its Disposition (Resolution No. 073-22) D. Approval of the July 12, 2022, City Council Meeting Minutes E. NEW: Excusal of Councilmember Diener from Tonight's Meeting Due to Personal Reasons MOTION: By Councilmember Clauson, seconded by Councilmember Cucciardi, to approve the consent agenda as amended. The motion carried. S. PRESENTATION A. Housing Action Plan (Time Stamp: 4:59) Community Development Director Bond introduced Scott Bonjukian and Marcus Johnson with Makers Architecture and Urban Design. Their firm has been hired to create a Port Orchard Housing Action Plan under a Department of Commerce grant the City received last year. Mr. Bonjukian and Mr. Johnson provided a presentation which included introduction of the consultant team, project background, challenges in housing diversity, missing middle housing examples, comprehensive plan -key housing goals, housing stock, affordability, rental market vacancy rates, project scope and schedule, community engagement, key research questions, and next steps. Additional discussion was held regarding home ownership and affordability, rental affordability, target size of a starter home, comparison to other cities, is there a need for smaller homes, multi- family tax exemption, and including the last couple years of growth. Council direction: No direction was given to staff. B. Police Department Annual Report (Time Stamp 27:43) Police Chief Brown presented the Annual Report which included crime reporting, Group A and Group B offenses, statewide crime profile, Port Orchard -crimes against persons, property, and society, trend since 2012, state profile compared to Port Orchard, case clearance rate, calls for service, service due to the COVID-19 pandemic, takeaways, and next steps. Additional discussion was held regarding the school resource officer, legislative changes, crime for city residents versus non -city residents, and police staffing. Page 287 of 295 Back to Agenda Minutes of July 26, 2022 PaRe3of6 Council direction: No direction was provided to staff. 6. PUBLIC HEARING A. Surplus of Certain Proprietary Funds (Sewer) Utility Equipment (Time Stamp 51:18) Mayor Putaansuu opened the public hearing, and there being no testimony, closed the public hearing at 7:25 p.m. 7. BUSINESS ITEMS A. ADDED ITEM: Adoption of an Ordinance Repealing and Replacing POMC Chapter 9.18, Domestic Violence Protection Orders MOTION: By Councilmember Clauson, second by councilmember Trenary, to adopt an ordinance repealing and replacing Port Orchard Municipal Code Chapter 9.18, domestic violence protection orders. City Attorney Archer noted a typo was shown in the ordinance provided under the fourth Whereas clause. The ordinance should state 'Chapter 20.50 RCW' and not 'Chapter 20.10 RCW'. The motion carried. (Ordinance No. 031-22) B. Continued: Adoption of an Ordinance Amending POMC Chapter 20.182 and Adopting an Updated Parks Impact Fee Rate Schedule (Time Stamp: 53:46) MAIN MOTION: By Councilmember Diener, seconded by Councilmember Rosapepe, to adopt an ordinance amending POMC 20.182 and establishing a new Park Impact Fee rate schedule as presented. AMENDED MOTION: By Councilmember Rosapepe, seconded by Councilmember Clauson, to amend the prior motion on the floor to the stepped approach starting at 45%, effective September 1- 2022, and then increases to 57% on February 27, 2023. The amended motion carried. The main motion, as amended, carried. (Ordinance No. 013-22) C. Adoption of an Ordinance Amending the Biennial Budget (Time Stamp: 1:03:30) Page 288 of 295 Back to Agenda Minutes of July 26, 2022 Page 4 of 6 MOTION: By Councilmember Cucciardi, seconded by Councilmember Clauson, to adopt an ordinance amending the 2021-2022 Biennial Budget, as adopted by Ordinance No. 035-20, and as previously amended. The motion carried. (Ordinance No. 030-22) D. Adoption of a Resolution Declaring Certain Proprietary Funds (Sewer) Utility Equipment as Surplus (Time Stamp 1:06:41) MOTION: By Councilmember Trenary, seconded by Councilmember Lucarelli, to adopt a resolution declaring the utility equipment as surplus and authorizing its disposition, as presented. The motion carried. (Resolution No. 074-22) E. Adoption of a Resolution Approving a Purchase with Axon for Interview Room Recording System for the Police Department (Time Stamp 1:09:05) MOTION: By Councilmember Chang, seconded by Councilmember Rosapepe, to adopt a resolution authorizing the purchase and installation of an interview room recording system, including associated hardware and software, from Axon Enterprise, Inc. through Sourcewell Contract No. 010720-AXN for a total purchase price of $29,500.14 (applicable tax included). The motion carried. (Resolution No. 075-22 and Contract No. 097-22) F. Adoption of a Resolution Approving a Contract with Ceccanti, Inc. for the McCormick Village Park Splash Pad Treatment Facility Installation Project (Time Stamp 1:14:25) MOTION: By Councilmember Lucarelli, seconded by Councilmember Clauson, to adopt Resolution No. 071-22, thereby approving Contract No. C075-22 with Ceccanti, Inc. for the McCormick Village Park Splash Pad Treatment Facility Installation project contract in the amount of $590,386.52 (applicable taxes included). Councilmember Chang voiced his concerns with the cost of the project and water conservation. The motion passed. Councilmember Chang voted no. G. Adoption of a Resolution Approving an Agreement with Washington State Department of Transportation for Bridge Rail Repairs (Time Stamp 1:20:43) Page 289 of 295 Back to Agenda Minutes of July 26, 2022 Paee 5 of 6 MOTION: By Councilmember Clauson, seconded by Councilmember Lucarelli, to adopt a resolution authorizing the Mayor to sign the agreement with Washington State Department of Transportation for Lund Avenue Bridge Rail repairs. Councilmember Chang noted he works for the Washington State Department of Transportation and would recuse himself if anyone had concerns. No once voiced concerns. The motion carried. (Resolution No. 072-22 and Contract No. 084-22) 8. DISCUSSION ITEMS (No Action to be Taken) There were no discussion items. 9. REPORTS OF COUNCIL COMMITTEES (Time Stamp: 1:22:50) Councilmember Trenary reported on the July 18tn Economic Development and Tourism Committee meeting. The next meeting is scheduled for August 15tn A brief discussion was held regarding lodging tax funding. Councilmember Clauson reported on the July 19tn Finance Committee meeting. Councilmember Chang reported on the July 261n Transportation Committee meeting which included Bethel Phase 1. Mayor Putaansuu reported the Festival of Chimes and Lights Committee is scheduled to meet August 15tn. The Land Use Committee is scheduled to meet August 17tn Councilmember Lucarelli reported on utility inserts for the 2022 Chimes and Lights event. She also reported the Sewer Advisory Committee is scheduled to meet August 17tn 10. REPORT OF MAYOR (Time Stamp 1:35:01) The Mayor reported on the following: • Participation in the Joint Transportation Committee; • Missing middle housing work group; and • Public Works staffing, responsibilities, and job descriptions. 11. REPORT OF DEPARTMENT HEADS (Time Stamp 1:41:02) Assistant City Engineer Hammer reported a professional services agreement for Bethel Phase 1 project will be going before Council on August 9tn Page 290 of 295 Back to Agenda Minutes of July 26, 2022 Paae 6 of 6 Finance Director Crocker reported on a plan for an IT server replacement, closing this week on the purchase on Bay Street, and provided a presentation on the Transportation Benefit District Sales Tax timeframe. Community Development Director Bond reported on a new interactive zoning map that will be posted on the City's website. 12. CITIZEN COMMENTS (Time Stamp: 1:54:15) There were no citizen comments. 13. GOOD OF THE ORDER (Time Stamp 1:55:00) Councilmember Clauson would like paper copies of presentations, or to have them included in the packet. Councilmember Rosapepe urged everyone to follow CDC recommendations for COVID-19. 14. EXECUTIVE SESSION There was no executive session. 15. ADJOURNMENT The meeting adjourned at 8:30 p.m. No other action was taken. Audio/Visual was successful. Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 291 of 295 Back to Agenda ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, IMPOSING AN ADDITIONAL SALES AND USE TAX OF ONE -TENTH OF ONE PERCENT WITHIN THE BOUNDARIES OF THE PORT ORCHARD TRANSPORTATION BENEFIT DISTRICT FOR THE PURPOSE OF FINANCING THE COSTS ASSOCIATED WITH TRANSPORTATION IMPROVEMENTS IN THE TRANSPORTATION BENEFIT DISTRICT AS AUTHORIZED BY RCW 36.73.040; PROVIDING FOR SEVERABILITY AND CORRECTIONS, AND ESTABLISHING AN EFFECTIVE DATE AND EXPIRATION DATE. WHEREAS, on December 8, 2015 the Port Orchard City Council established a Transportation Benefit District (hereinafter "TBD") pursuant to Chapter 36.73 RCW by adoption of Ordinance No. 027-15; and WHEREAS, the boundaries for the City of Port Orchard Transportation Benefits District which are coterminous with the boundaries of the City of Port Orchard City Limits; and WHEREAS, Ordinance No. 027-15 provided all Council members would serve as the TBD Board members and would take on all rights, powers, functions, and obligations of the TBD; and WHEREAS, on June 14, 2016 by adoption of Ordinance No. 010-16, the City of Port Orchard assumed the rights, powers, immunities, functions, and obligations of the Port Orchard Transportation Benefit District, pursuant to Second Engrossed Substitute Senate Bill 5987 (2015), which amended Chapter 36.73 RCW to allow for such assumption; and WHEREAS, on July 16, 2016 Ordinance No. 010-16 was later repealed in error by Ordinance No. 020-16 which was itself repealed by Ordinance 020-17 on July 27, 2016 under which the City of Port Orchard again assumed the rights, powers, immunities, functions, and obligations of the Port Orchard Transportation Benefit District; and WHEREAS, on July 12, 2016 the City Council adopted Ordinance No. 019-16 which imposed a $20 license fee on vehicles registered in Port Orchard; and WHEREAS, the City's necessary transportation improvement projects are identified in the City of Port Orchard's Comprehensive Plan Transportation Element and the City's Six- and Twenty -Year Transportation Improvement Programs; and WHEREAS, City of Port Orchard Ordinance No. 027-15 provides that funds generated by the City of Port Orchard Transportation Benefit District shall be used for transportation improvements that preserve, maintain, operate, construct, and reconstruct the planned and/or existing transportation infrastructure of the City/District, consistent with the requirements of Chapter 36.73 RCW; and 1647384.4 - 366922 -0007 Page 292 of 295 Back to Agenda Urainance ivo. Page 2 of 4 WHEREAS, RCW 36.73.040(3)(a) authorizes transportation benefit districts to impose a sales and use tax subject to the provisions of RCW 36.73.065; and WHEREAS, RCW 36.73.065(4)(a)(v) authorizes transportation benefit districts to impose a sales and use tax in accordance with RCW 82.14.0455 in an amount not exceeding one -tenth of one percent (0.1%) for a period of 10 years upon a majority vote of the governing board for the purpose of financing certain transportation improvements; and WHEREAS, the City Council held a public hearing on the imposition of the imposition of the 0.01%TBD sales and use tax on September 13, 2022; and WHEREAS, the City Council considered this matter at the following regular Council meetings which included public comment periods: September 13th and September 27th, 2022; and WHEREAS, the City of Port Orchard has identified the sales and use tax authorized by RCW 82.14.0455, as well as any other lawful funding sources available to the TBD pursuant to RCW 36.73.040, as funding sources available to the TBD; and WHEREAS, a sales and use tax will be used for the purpose of acquiring, investing in, constructing, improving, providing, operating, preserving, maintaining and/or funding transportation improvements within the City of Port Orchard Transportation Benefit District, which are coterminous with the City of Port Orchard City limits, and which are identified in the City of Port Orchard's Comprehensive Plan Transportation Element and the City's Six- and twenty- Year Transportation Improvement Programs; and WHEREAS, a sales and use tax will apply to all persons who shop and thereby use streets and roadways in the City of Port Orchard; and WHEREAS, such sales and use tax will be effective on January 1, 2022 and be in effect for a period of 10 years as permitted by law; and WHEREAS, the City Council as the governing board of the City of Port Orchard Transportation Benefit District has considered this matter during a regular City Council meeting of said Council, has given this matter careful review and consideration, and finds that the best interests of the City of Port Orchard and the Transportation Benefit District will be served by passage of this ordinance; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DOES HEREBY �] :Z 7_1 I ► I_F� 7�] ��1�i�E� Section 1. Findings. The findings and recitals set forth above are hereby adopted and incorporated herein by this reference. 1647384.4 - 366922 -0007 Page 293 of 295 Back to Agenda Urainance ivo. Page 3 of 4 Section 2. Imposition of additional 0.1% sales tax. The City Council as the governing board of the City of Port Orchard Transportation Benefit District finds that it is in the best interest of the City and the Transportation Benefit District to impose a sales and use tax of one -tenth of one percent (0.1%) pursuant to Sections 36.73.040(3)(a), 36.73.065(4)(v), and 82.14.0455 of the Revised Code of Washington. Such sales and use tax is for the purpose of raising revenue to acquire, invest in, construct, improve, provide, operate, preserve, maintain and/or fund transportation improvements in the Transportation Benefit District. The sales and use tax shall be imposed for a period not exceeding ten (10) years. The tax shall be in addition to any other taxes authorized by law and shall be collected from those persons who are taxable by the state under Chapters 82.08 and 82.12 of the Revised Code of Washington, as amended, upon the occurrence of any taxable event within the boundaries of the City of Port Orchard Transportation Benefit District which is conterminous with the City of Port Orchard City limits. Section 3. Description of transportation improvements. The revenues from a sales and use tax may be used to acquire, invest in, construct, improve, provide, operate, preserve, maintain and/or fund the following described transportation improvements: A. Projects in the TBD identified in the City of Port Orchard's Comprehensive Plan Transportation Element and the City of Port Orchard's Six- and Twenty Year Transportation Improvement Programs; B. Expanded projects identified in accordance with Section 36.73.160 RCW, as amended. The cost of all construction, maintenance, preservation, operation, design, engineering, construction management, financial, legal, and other consulting services, inspection and testing, administrative and relocation expenses, and other costs incurred in connection with the foregoing described transportation benefit district projects shall be deemed to be part of the transportation improvements. Section 4. Notice to Department of Revenue. The City Clerk is instructed to submit this Ordinance to the Washington Department of Revenue (DOR), and to direct DOR to take all steps necessary to immediately implement and collect the tax imposed by this Ordinance. Section S. Severability. If any section, sentence, clause, or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of constitutionality of any other section, sentence, clause, or phrase of this ordinance. Section 6. Corrections. Upon the approval of the city attorney, the city clerk is authorized to make any necessary technical corrections to this ordinance, including but not limited to the correction of scrivener's/clerical errors, references, ordinance numbering, section/subsection numbers, and any reference thereto. 1647384.4 - 366922 -0007 Page 294 of 295 Back to Agenda Urainance ivo. Page 4 of 4 Section 7. Effective Date. This ordinance shall be in full force and effect five (5) days after publication as provided by law, provided that the additional sales and use tax imposed by Section 2 shall only apply to taxable events occurring on and after 12:01 AM on January 1, 2023. A summary of this ordinance in the form of the ordinance title may be published in lieu of publishing the ordinance in its entirety. Section 8. Expiration. This ordinance and the sales and use tax imposed herein shall automatically expire without further action of the City Council of the City of Port Orchard ten (10) years after the effective date of the tax as set forth in Section 7 above at midnight on December 31, 2032. 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 _ day of , 2022. Robert Putaansuu, Mayor ATTEST: Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: Sponsored by: Charlotte A. Archer, City Attorney *****, Council Member PUBLISHED: EFFECTIVE DATE: 1647384.4 - 366922 -0007 Page 295 of 295