07/11/2023 - Regular - PacketMayor:
Rob Putaansuu
Administrative Official
Councilmembers:
Mark Trenary (Mayor Pro-Tempore)
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
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
Tony Lang
Public Works Director
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
cityhall@portorchardwa.gov
City of Port Orchard Council Meeting Agenda
July 11, 2023
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
Link: https://us02web.zoom.us/J/82201033169
Zoom Webinar ID: 822 0103 3169
Zoom Call -In: 1 253 215 8782
Guiding Principles
• Are we raising the bar?
• Are we honoring the past, but not living in the past?
• Are we building connections with outside partners?
• Is the decision -making process positively impacting diversity, equity, and
inclusion?
1. CALL TO ORDER
A. Pledge of Allegiance
2. APPROVAL OF AGENDA
3. CITIZENS COMMENTS
(Please limit your comments to 3 minutes for items listed on the Agenda and that are not for a
Public Hearing. Please keep your comments respectful and no personal attacks. This is a
comment period and not a question -and -answer session. When recognized by the Mayor, please
state your name for the official record. If you are attending remotely via telephone, enter *9
from your keypad to raise your hand.
4. CONSENT AGENDA
(Approval of Consent Agenda passes all routine items listed below, which have been distributed
to each Councilmember for reading and study. Consent Agenda items are not considered
separately unless a Councilmember so requests. In the event of such a request, the item is
returned to Business Items.)
A. Approval of Vouchers and Electronic Payments
B. Approval of Payroll and Direct Deposits
C. Adoption of an Ordinance Amending Port Orchard Municipal Code
Chapter 10.12 Related to Parking, Stopping, or Standing in Certain Areas
of the City (Lang) Page 4
D. Adoption of a Resolution Authorizing the Mayor to Sign a Release of
Deed Restriction for Lots 1, 2, and 3 of Port Orchard Industrial Park
Division 2 (Lang) Page 51
E. Adoption of a Resolution Approving a Decrease from State Approved
Maximum Speed Limits on City Streets (Lang) Page 61
F. Adoption of a Resolution Declaring Certain Personal Prope
Thereof (Wallace) Page 67
5. PRESENTATION
A. Downtown Projects and Funding (Bond)
B. Association of Washington Cities Update (Deanna Dawson)
as Surplus and Authorizing; its Disaosition
6. PUBLIC HEARING
A. South Kitsap Fire and Rescue Levy Ballot Measure (Archer) Page 69
7. BUSINESS ITEMS
A. South Kitsap Fire and Rescue Levy Ballot Measure (Archer) Page 76
B. Adoption of an Ordinance Adopting New Port Orchard Municipal Code Chapters 13.05 (Fats, Oil and
Grease) and 13.07 (Cross Connection Control) (Lang) Page 84
C. Adoption of a Resolution Amending the Procurement Policy to Increase Delegated Authority for Public
Works Change Orders and Contract Amendments (Lang) Page 123
D. Approval of Amendment No. 5 to Contract No. 048-20 with Consor North America, Inc. for Well No. 11
Site Improvement Protect (Lang) Page 153
E. Approval of the June 13, 2023, City Council Meeting Minutes Page 194
F. Approval of the June 20, 2023, City Council Work Study Meeting Minutes Page 200
8. DISCUSSION ITEMS (No Action to be Taken)
9. REPORTS OF COUNCIL COMMITTEES
10. REPORT OF MAYOR
11. REPORT OF DEPARTMENT HEADS
12. 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.)
13. 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.
14. CITY COUNCIL GOOD OF THE ORDER
15. ADJOURNMENT
COMMITTEE MEETINGS
Date & Time
Location
> Economic Development and Tourism
TBD
Remote Access <
> Utilities
TBD, 2023; S:OOpm
Access
> Finance
July 18, 2023; 5:00��[jEAccess
>
> Transportation
July 25, 2023; 4:30pm
Access <
> Festival of Chimes &Lights
July 17, 2023; 3:30pm
Access
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.
July 11, 2023, Meeting Agenda
Page 2 of 3
Land Use July 19, 203; 4:30pm Remote Access
Lodging Tax Advisory T� D, 2023Remote Access
Sewer Advisory
Outside Agency Committees
September 20, 2023; 5:00pm
Varies
Remote Access
Varies
Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned.
The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required.
July 11, 2023, Meeting Agenda Page 3 of 3
Back to Agenda
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Consent Agenda 4C Meeting Date: July 11, 2023
Subject: Adoption of an Ordinance Amending Prepared by: Tony Lang
Port Orchard Municipal Code Chapter 10.12
Related to Parking, Stopping, or Standing
Public Works Director
Atty Routing No: 366922-0009
In Certain Areas of the City Atty Review Date: July 5, 2023
Summary: The City has codified regulations for parking at Port Orchard Municipal Code (POMC) Chapter
10.12. As a continued housekeeping measure, working in conjunction with the City's Parking Enforcement
staff, the City's Public Works Department inventories existing parking signage on a continual basis and has
compiled corrections, revisions, and modifications to current POMC Chapter 10.12 at Sections 10.12.460,
10.12.490, 10.12.500, 10.12.510, and 10.12.520 to reflect existing needs and conditions for parking within
the City and to make grammatical and typographical corrections to these sections. By this Ordinance, the
Council would adopt the recommended amendments (see attached redline of the Ordinance to assist with
review).
Relationship to Comprehensive Plan: None
Recommendation: Staff recommends adoption of an Ordinance, amending POMC Chapter 10.12 Sections
10.12.460, 10.12.490, 10.12.500, 10.12.510, and 10.12.520 regarding Parking, Stopping or Standing in Certain
Areas of the City.
Motion for Consideration: I move to adopt an Ordinance amending POMC Chapter 10.12, regarding Parking,
Stopping or Standing in the City.
Fiscal Impact: None
Alternatives: Do not approve and provide further direction to staff
Attachments: Ordinance Amending POMC 10.12.460, 10.12.490, 10.12.500, 10.12.510, 10.12.520
(clean, for adoption)
Municipal Code Modifications: POMC 10.12.460, 10.12.490, 10.12.500, 10.12.510,
10.12.520 (redline to assist with review)
Page 4 of 202
Back to Agenda
ORDINANCE NO. -23
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO
PARKING, STANDING, AND STOPPING; AMENDING SECTIONS 10.12.460,
10.12.490, 10.12.500, 10.12.510, AND 10.12.520 OF THE PORT ORCHARD
MUNICIPAL CODE; PROVIDING FOR SEVERABILITY; ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, WAC 308-330-270 authorizes the City to adopt regulations to prohibit,
regulate or limit stopping, standing or parking of vehicles in areas of the City; and
WHEREAS, in accordance with that authority, the City's regulations for this topic are
codified at Port Orchard Municipal Code (POMC) Chapter 10.12, and POMC Section
10.12.050(1) authorizes the City Council to from time to time, establish parking prohibitions
and restrictions on portions of certain specified streets, with those prohibitions and restrictions
codified at POMC 10.12.460 through 10.12.530; and
WHEREAS, the City Council deems it in the best interest of the City of Port Orchard to
periodically review and update such regulations; and
WHEREAS, the City Council chooses to codify any updates to the parking regulations in
order to aid the public in its ability to access and review said regulations; and
WHEREAS, staff audited the existing regulations and identified necessary, specific
revisions to POMC Section 10.12.460, Parking prohibited at all times, Section 10.12.490, Parking
time limited on certain streets, Section 10.12.500, Parking time limited on certain city parking
lots, and Section 10.12.510, Parking passes, Section 10.12.520, Parking passes- Rules; and
WHEREAS, the City Council has reviewed the proposed amendments and believes it to
be in the best interests of the City to enact the proposed amendments; Now, Therefore
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. Section 10.12.460 of the Port Orchard Municipal Code is hereby amended
to read as follows:
10.12.460 Parking prohibited at all times.
(1) When signs or markings are installed giving notice thereof, no person shall park a vehicle at
any time upon any of the streets or parts of streets described as follows:
1. Advantage on the west side of the
Avenue: north 350 feet of roadway
and on the left-hand side,
Page 5 of 202
Back to Agenda
Ordinance No. -23
Page 2 of 23
as the traffic flows, of the
remainder of the street.
2. SW Alava on the north side of the
Court: street.
3. Amherst Way on both sides of the
SW: street.
4. Andasio Loop on the outside curb along
SE: the entire loop.
5. Arnold along the west side of
Avenue E: Arnold Avenue E, from
the Lawrence Street
intersection, to the
northeast towards Bay
Street, 100 feet.
6. Arnold along the east side of
Avenue E: Arnold Avenue E, from
the Bay Street
intersection, to the south
66 feet.
7. Bay Street: at the intersection with
Wharf Street (Mitchell
Point), along the outside
radius of the existing road
as delineated by the
established guardrail.
8. Bay Street: on the south side from
Tracy Avenue, westerly
for a distance of 200 feet.
9. Bay Street: on the north side, from
the DeKalb Street
pedestrian pier westerly
for 70 feet and in front of
501 Bay Street.
10. Bay Street: at the southwest corner
of the intersection with
Arnold Avenue E, from
the point of curvature to
the point of tangency of
the curve radius.
11. Bay Street: on the south side from
Page 6 of 202
Back to Agenda
Ordinance No. -23
Page 3 of 23
Dekalb Street, 130 feet to
the east.
12. Becky
on both sides of street,
Avenue:
from Dallas Street south
to dead end.
13. Bethel
on the west side from the
Avenue:
driveway at 1130 Bethel
Avenue, 245 feet north.
14. SW Bigler
on the south side of the
Way:
street.
15. Bittern Lane:
on both sides of the street
from McCormick Village
Drive to Wandering Way.
16. SW
on the south side of the
Blackburn Lane:
street.
17. Bristol Lane
on the east side of the
SE:
street.
18. SW Cardiff
on the south side of the
Street:
street.
19. Castleton
on both sides of the
Road SW:
street.
20. Cedar
on both sides of the street
Canyon:
within 100 feet of the
Tremont Street right-of-
way.
21. Chanting
on both sides of street,
Circle SW:
from Old Clifton Road 260
feet. Then on the east
side to Chanting Circle.
Then along the inside
curb of the remaining part
of Chanting Circle.
22. Chatterton
on the west side of street.
Avenue SW:
23. Chowchilla on the south side of
Way: street.
24. SW Colbert on left-hand side of street
Way: as the traffic flows, from
Pickford Place SW to
Page 7 of 202
Back to Agenda
Ordinance No. -23
Page 4 of 23
Chatterton Avenue SW.
25. Currant Lane
on the west side of the
SW:
street.
26. Dallas Street:
on the right-hand side, as
the traffic flows.
27. DeKalb
on south side from Cline
Street:
Avenue easterly to dead
end.
28. DeKalb
on the south side, from
Street:
Sidney Avenue westerly
for a distance of 100 feet.
29. DeKalb
on the north side, from
Street:
Tracy Avenue easterly to
the end of DeKalb Street.
30. DeKalb
on the south side, from
Street:
Mitchell Avenue to the
east side of Tracy Avenue.
31. Donna
on the south side of
Street:
street.
32. Donnegal
on both sides of the
Circle SW:
street.
33. Egret Street:
on the south side of the
street.
34. Explorer Ave:
on the inside radius of the
street.
35. Fantail Place:
on the east side of the
street.
36. Farragut
on both sides, from
Avenue:
DeKalb Street to Morton
Street; except, on the east
side, 160 feet north of
DeKalb Street.
37. SW Fielder
on the west side including
Place:
the cul-de-sac.
38. Fiscal Street:
on the south side of the
street.
39. Forest Park
on both sides of the
Street:
street.
Page 8 of 202
Back to Agenda
Ordinance No. -23
Page 5 of 23
40. Glenmore
on the inside radius of the
Loop:
entire loop.
41. Glenwood
on the north side, from
Road SW:
Sidney Road 350 feet
west.
42. Great Glen
on the south side, from
Road SW:
Telford Way SW easterly
for a distance of 200 feet.
From this point, on the
west side of the street to
SW Alava Court.
43. Great Glen
on the east side, from SW
Road SW:
Alava Court to Gleneagle
Avenue SW.
44. Grebe Way:
on the north side, from
Siskin Circle to Swift
Avenue.
45. Guy Wetzel
on both sides from Bay
Street:
Street to Perry Avenue.
46. Hales Court
on both sides of the
SW:
street.
47. Hibiscus
on the outside radius of
Circle SW:
the entire circle.
48. Huntington
on both sides from Olney
Street:
Avenue to Glenmore Loop
and the north side from
Glenmore Loop to west
end terminus.
49. Jabirin Way:
on the north side of
street.
50. Keppel Loop
on both sides of the
SW:
street.
51. Kinross Road
on the east side of the
SW:
street.
52. Koda Circle:
along fire lanes where
marked/posted.
53. Ladd Court
on both sides of the
SW:
street.
Page 9 of 202
Back to Agenda
Ordinance No. -23
Page 6 of 23
54. Landis Court on the northeast side.
SW:
55. Lawrence on both sides of the
Street: street.
56. Lazuli Street: on the south side, from
Wigeon Avenue to Siskin
Circle.
57. Limerick
on both sides of the
Drive SW:
street.
58. Lippert
on both sides, from
Drive:
Pottery Avenue to
Advantage Street.
59. Lloyd
on both sides from SW
Parkway:
Old Clifton Road to
Lumsden Road.
60. Lone Bear
on both sides from Feigley
Drive:
Road to 100 feet west of
Chatterton Avenue SW.
61. Longview
on east side of street.
Avenue:
62. Lowren
on the right-hand side, as
Street:
the traffic flows on the
one-way portion of the
street.
63. Lumsden
on both sides of the
Road:
street.
64. SE Markwick
on both sides of the
Road:
street.
65. Marymere
on the south side,
Road SW:
between Telford Way SW
and Marymere Road SW.
66. Marymere
on the west side, from SW
Road SW:
Alava Court to Great Glen
Road SW.
67. Mitchell
on both sides, from Bay
Avenue:
Street to Kitsap Street.
68. Murrelet
on both sides, from Old
Avenue:
Clifton Road to Siskin
Page 10 of 202
Back to Agenda
Ordinance No. -23
Page 7 of 23
Circle.
69. SE
on the outside curb of the
Nordmann Loop:
entire loop.
70. SW Old
on both sides from
Clifton Road:
Chanting Circle SW to
Campus Parkway.
71. Olivine Drive
on both sides of the
SW:
street.
72. SW on the south side of the
Pendleton Way: street.
73. Perry
on the west side of the
Avenue:
street.
74. SW Perth
on the south side of the
Place:
street.
75. Pickford
on the left-hand side as
Place SW:
the traffic flows on the
street, from SW Colbert
Way to end of cul-de-sac.
76. Plisko
on both sides, from
Avenue:
Mitchell Avenue to Mile
Hill Drive.
77. Pottery
on both sides of the
Avenue:
street, within 100 feet of
the Tremont Street right-
of-way.
78. Prospect
on the inside radius of the
Street:
curve between Robert
Geiger Street and
Frederick Avenue.
79. Retsil Road:
on the west side, from the
north corporate limits to
the south property line of
982 Retsil Road.
80. Robert other than official city
Geiger Street: vehicles, parking is
prohibited at all times
along the south side, from
Bay Street to Prospect
Street.
Page 11 of 202
Back to Agenda
Ordinance No. -23
Page 8 of 23
81. Rockwell on both sides, from Bay
Avenue:
Street to Kitsap Street.
82. Ross Street:
on the south side of the
400 block.
83. Sage Court:
on both sides of street.
84. Sage Street:
on both sides from
Pottery Avenue east for a
distance of 70 feet and on
the left-hand side, as the
traffic flows, on the
remainder of the street.
85. Seattle
on the east side, from Bay
Avenue:
Street southerly for a
distance of 82 feet.
86. SW Sedge St:
On the north side of the
street including the cul-
de-sac.
87. Sherman
on the east side of the
Avenue:
1200-1300 block from the
dead end 980 feet north.
88. Sidney
on the west side from Bay
Avenue:
Street to Prospect Street.
89. Siskin Circle:
on the inside curb of
Siskin Circle throughout
the circle.
90. Snowridge
on the left-hand side, as
Avenue:
the traffic flows on the
street.
91. Sprague
on the right-hand side, as
Street:
the traffic flows on the
one-way portion of the
street.
92. Sroufe
on the south side, from
Street:
Sidney Avenue to
Portland Avenue.
93. SW Stanwick
on the right-hand side of
Way:
street as the traffic flows,
from Lone Bear Drive to
Pickford Place SW.
Page 12 of 202
Back to Agenda
Ordinance No. -23
Page 9 of 23
94. Strathmore on outside of circle
Circle SW:
traveling either direction.
95. SW
on the south side of the
Sunnyside
street.
Street:
96. Sweany
on the north side, from
Street:
Cline Avenue westerly for
a distance of 340 feet.
97. Sweany
on the south side, from
Street:
Sidney Avenue westerly
for a distance of 200 feet.
98. Swift
on west side, from Siskin
Avenue:
Circle to Lazuli Street.
99. Thornhill
on the south side of the
Avenue SW:
street.
100. Tremont
on both sides of street
Place:
from 233 Tremont Place
driveway to end of road
guardrail.
101. Tremont on both sides of the
Street:
street, within 100 feet of
Pottery Avenue right-of-
way.
102. Vardon
on both sides of the
Circle SW:
street.
103. Viridian
on both sides of the
Avenue SW:
street.
104. Wandering
on the outside radius of
Way:
the street.
105. Warbler
on both sides of street
Way:
from Old Clifton Road to
Siskin Circle.
106. Warbler from Siskin Circle to curve
Way: (park) on south side and
on east side from curve
(park) to Grebe Way.
107. Waverly Rd on the west side of the
SW: street.
Page 13 of 202
Back to Agenda
Ordinance No. -23
Page 10 of 23
108. Wilkins on both sides, from the
Drive: west terminus, eastward
350 feet.
(2) Violation of this section is a Class A infraction.
SECTION 2. Section 10.12.490 of the Port Orchard Municipal Code is hereby amended
to read as follows:
10.12.490 Parking time limited on certain streets.
(1) When signs are erected by the city engineer in each block giving notice thereof, no person
shall park a vehicle for longer than the time specified in this section, on the days specified in
this section, upon any of the streets described as follows except vehicles complying with the
residential parking permit program:
1. Ada Street: on both sides of Ada
Street, from Sidney
Avenue to Harrison
Avenue. There will be
two-hour parking from
8:00 a.m. to 5:00 p.m., on
any day except Saturday,
Sunday, and federal
holidays.
2. Arnold on the west side of Arnold
Avenue E: Avenue E, south of Bay
Street. There will be two-
hour parking from 8:00
a.m. to 5:00 p.m., on any
day except Saturday,
Sunday, and federal
holidays.
3. Austin on both sides, from
Avenue: Division Street to Dwight
Street. There will be two-
hour parking from 8:00
a.m. to 5:00 p.m., on any
day except Saturday,
Sunday, and federal
holidays.
4. Bay Street: on both sides, from
Page 14 of 202
Back to Agenda
Ordinance No. -23
Page 11 of 23
Orchard Avenue to
Harrison Avenue. There
will be two-hour parking
from 8:00 a.m. to 5:00
p.m., on any day except
Saturday, Sunday, and
federal holidays. Vehicles
with residential parking
permits are not exempt
from the parking
restrictions specified
within this subsection.
5. Bay Street: on the north side from
the DeKalb Street
pedestrian pier easterly
for 110 feet. There will be
15-minute loading and
unloading only.
6. Bay Street: on the south side from
Port Orchard Boulevard to
DeKalb Street and 130
feet east of DeKalb Street
to Kitsap Street there will
be four-hour parking from
8:00 a.m. to 5:00 p.m., on
any day except Saturday,
Sunday and federal
holidays.
7. Bay Street: on west side of the 1500
and 1600 block. There will
be four-hour parking from
8:00 a.m. to 5:00 p.m., on
any day except Saturday,
Sunday, and federal
holidays.
8. Bay Street: on the north side at Ross
Point (SR 166). There will
be four-hour parking.
9. Bay Street: on the south side of Bay
Street, west of Arnold
Avenue E. There will be
Page 15 of 202
Back to Agenda
Ordinance No. -23
Page 12 of 23
two-hour parking from
8:00 a.m. to 5:00 p.m., on
any day, except Saturday,
Sunday, and federal
holidays.
10. Bravo on the east side, from the
Terrace: Bravo Terrace
intersection south to the
end of cul-de-sac. There
will be two-hour parking
at all times.
11. Cline on both sides, from Kitsap
Avenue: Street to Dwight Street.
There will be four-hour
parking from 8:00 a.m. to
5:00 p.m., on any day
except Saturday, Sunday,
and federal holidays.
12. Cline from the northeast corner
Avenue: of Kitsap Street and Cline
Avenue northerly along
the east line of Cline
Avenue to Bay Street.
There will be two-hour
parking from 8:00 a.m. to
5:00 p.m., on any day
except Saturday, Sunday,
and federal holidays.
13. Cline on both sides, from Taylor
Avenue: Street to Division Street.
There will be two-hour
parking from 8:00 a.m. to
5:00 p.m., on any day
except Saturday, Sunday,
and federal holidays.
14. DeKalb on both sides, from
Street: Seattle Avenue to Sidney
Avenue. There will be
four-hour parking from
8:00 a.m. to 5:00 p.m., on
any day except Saturday,
Page 16 of 202
Back to Agenda
Ordinance No. -23
Page 13 of 23
Sunday, and federal
holidays; except for a
space on the south side of
DeKalb Street beginning
105 feet east of Harrison
Avenue and continuing
easterly for 175 feet. The
175 feet as described
shall be designated all day
parking.
15. DeKalb on the north side, from
Street: Sidney Avenue westerly
for a distance of 120 feet.
There will be four-hour
parking from 8:00 a.m. to
5:00 p.m., on any day
except Saturday, Sunday,
and federal holidays.
16. DeKalb on the south side, from
Street: Tracy Avenue easterly to
the end of DeKalb Street.
There will be two-hour
parking from 8:00 a.m. tc
5:00 p.m., on any day
except Saturday, Sunday,
and federal holidays.
17. DeKalb on both sides, from
Street: Mitchell Avenue westerly
for a distance of 340 feet.
There will be two-hour
parking from 8:00 a.m. to
5:00 p.m., on any day
except Saturday, Sunday,
and federal holidays.
18. DeKalb on the north side, from
Street: Mitchell Avenue to Tracy
Avenue. There will be
two-hour parking from
8:00 a.m. to 5:00 p.m., on
any day except Saturday,
Sunday, and federal
holidays.
Page 17 of 202
Back to Agenda
Ordinance No. -23
Page 14 of 23
19. Division on both sides, from
Street: Sidney Avenue to Seattle
Avenue. There will be
two-hour parking from
8:00 a.m. to 5:00 p.m., on
any day except Saturday,
Sunday, and federal
holidays.
20. Division on both sides, from Cline
Street: Avenue to Sidney Avenue.
There will be two-hour
parking from 8:00 a.m. to
5:00 p.m., on any day
except Saturday, Sunday,
and federal holidays.
21. Division on both sides from Cline
Street: Avenue westerly to dead
end. There will be four-
hour parking from 8:00
a.m. to 5:00 p.m., on any
day except Saturday,
Sunday and federal
holidays.
22. Dwight on both sides, from
Street: Sidney Avenue to Seattle
Avenue. There will be
four-hour parking from
8:00 a.m. to 5:00 p.m., on
any day except Saturday,
Sunday, and federal
holidays.
23. Dwight on both sides, from
Street: Mitchell Avenue westerly
for a distance of 250 feet.
There will be two-hour
parking from 8:00 a.m. to
5:00 p.m., on any day
except Saturday, Sunday,
and federal holidays.
24. Dwight on both sides, from Austin
Street: Avenue to Cline Avenue.
Page 18 of 202
Back to Agenda
Ordinance No. -23
Page 15 of 23
There will be two-hour
parking from 8:00 a.m. tc
5:00 p.m., on any day
except Saturday, Sunday,
and federal holidays.
25. Farragut on the east side, 160 feet
Avenue: north of DeKalb Street.
There will be two-hour
parking from 8:00 a.m. to
5:00 p.m., on any day
except Saturday, Sunday,
and federal holidays.
26. Frederick on both sides, from
Avenue: waterfront parking lot to
Prospect Street. There will
be two-hour parking from
8:00 a.m. to 5:00 p.m., on
any day except Saturday,
Sunday, and federal
holidays.
27. Harrison on the east side, from Bay
Avenue: St northerly for a distance
of 80 feet. There will be
one -hour parking from
8:00 a.m. to 5:00 p.m., on
any day except Saturday,
Sunday, and federal
holidays.
28. Harrison on both sides, from
Avenue: DeKalb Street to Dwight
Street. There will be four-
hour parking from 8:00
a.m. to 5:00 p.m., on any
day except Saturday,
Sunday, and federal
holidays.
29. Harrison on both sides, from
Avenue: Dwight Street to Division
Street. There will be two-
hour parking from 8:00
a.m. to 5:00 p.m., on any
Page 19 of 202
Back to Agenda
Ordinance No. -23
Page 16 of 23
day except Saturday,
Sunday, and federal
holidays.
30. Harrison on both sides from Ada
Avenue: Street to dead end. There
will be two-hour parking
from 8:00 a.m. to 5:00
p.m., on any day except
Saturday, Sunday, and
federal holidays.
31. Kitsap Street: on both sides, from Cline
Avenue to Rockwell
Avenue. There will be
four-hour parking from
8:00 a.m. to 5:00 p.m., on
any day except Saturday,
Sunday, and federal
holidays.
32. Kitsap Street: on both sides, from
Mitchell Avenue westerly
for a distance of 150 feet.
There will be two-hour
parking from 8:00 a.m. to
5:00 p.m., on any day
except Saturday, Sunday,
and federal holidays.
33. Mitchell on the east side, from
Avenue: DeKalb Street northerly
for a distance of 70 feet.
There will be two-hour
parking from 8:00 a.m. tc
5:00 p.m., on any day
except Saturday, Sunday,
and federal holidays.
34. Mitchell on the west side, from
Avenue: Kitsap Street to Taylor
Street. There will be two-
hour parking from 8:00
a.m. to 5:00 p.m., on any
day except Saturday,
Sunday, and federal
Page 20 of 202
Back to Agenda
Ordinance No. -23
Page 17 of 23
holidays.
35. Mitchell on the east side, from
Avenue: DeKalb Street southerly to
the bus loading access
road, shall be designated
all day parking except for
the revetment area which
is two-hour parking from
8:00 a.m. to 5:00 p.m., on
any day except Saturday,
Sunday, and federal
holidays.
36. Morton on both sides, from
Street: Rockwell Avenue westerly
for a distance of 230 feet
on both sides. There will
be four-hour parking from
8:00 a.m. to 5:00 p.m., on
any day except Saturday,
Sunday, and federal
holidays.
37. Morton on both sides, from
Street: Rockwell Avenue easterly
for a distance of 230 feet
on both sides. There will
be four-hour parking from
8:00 a.m. to 5:00 p.m., on
any day except Saturday,
Sunday, and federal
holidays.
38. Prospect on both sides, from
Street: Sidney Avenue to Robert
Geiger Street. There will
be four-hour parking from
8:00 a.m. to 5:00 p.m.
(except where posted as
one -hour parking for the
City Permit Center located
at 720 Prospect Street;
holders of residential
parking permits are not
exempt from this
Page 21 of 202
Back to Agenda
Ordinance No. -23
Page 18 of 23
restriction), on any day
except Saturday, Sunday,
and federal holidays, and
the inside radius of the
curve between Robert
Geiger Street and
Frederick Avenue.
39. Prospect on both sides, from Kitsap
Street: Street to Robert Geiger
Street. There will be two-
hour parking from 8:00
a.m. to 5:00 p.m., on any
day except Saturday,
Sunday, and federal
holidays, except where
30-minute zone is
delineated.
40. Prospect along the green curb, in
Street: front of City Hall at 216
Prospect Street. There is
30-minute parking from
8:00 a.m. to 5:00 p.m., on
any day except Saturday,
Sunday, and federal
holidays.
41. Robert on the north side, from
Geiger Street: Prospect Street to Bay
Street. There will be four-
hour parking from 8:00
a.m. to 5:00 p.m., on any
day except Saturday,
Sunday, and federal
holidays.
42. Seattle on both sides, from Kitsap
Avenue: Street to Dwight Street.
There will be four-hour
parking from 8:00 a.m. to
5:00 p.m., on any day
except Saturday, Sunday,
and federal holidays.
43. Seattle on both sides from
Page 22 of 202
Back to Agenda
Ordinance No. -23
Page 19 of 23
Avenue: Dwight Street to Division
Street. There will be two-
hour parking from 8:00
a.m. to 5:00 p.m., on any
day except Saturday,
Sunday, and federal
holidays.
44. Sidney on both sides from Bay
Avenue: Street to the waterfront.
There will be two-hour
parking from 8:00 a.m. tc
5:00 p.m., on any day
except Saturday, Sunday,
and federal holidays.
45. Sidney on the east side from Bay
Avenue: Street to Prospect Street.
There will be two-hour
parking from 8:00 a.m. to
5:00 p.m., on any day
except Saturday, Sunday,
and federal holidays.
46. Sidney on both sides, from
Avenue: Prospect to Kitsap Street.
There will be four-hour
parking from 8:00 a.m. tc
5:00 p.m., on any day
except Saturday, Sunday,
and federal holidays.
47. Sidney on both sides, from Kitsap
Avenue: Street to DeKalb Street.
There will be four-hour
parking from 8:00 a.m. to
5:00 p.m., on any day
except Saturday, Sunday,
and federal holidays.
48. Sidney on both sides, from
Avenue: DeKalb Street to Ada
Street. There will be two-
hour parking from 8:00
a.m. to 5:00 p.m., on any
day except Saturday,
Page 23 of 202
Back to Agenda
Ordinance No. -23
Page 20 of 23
Sunday, and federal
holidays.
49. Sweany on the south side, from
Street: Cline Avenue westerly for
a distance of 300 feet.
There will be two-hour
parking from 8:00 a.m. to
5:00 p.m., on any day
except Saturday, Sunday,
and federal holidays.
50. Sweany on the north side, from
Street: Sidney Avenue westerly
for a distance of 200 feet.
There will be two-hour
parking from 8:00 a.m. to
5:00 p.m., on any day
except Saturday, Sunday,
and federal holidays.
51. Tracy on both sides, from
Avenue: DeKalb Street to Guy
Wetzel Street. There will
be two-hour parking from
8:00 a.m. to 5:00 p.m., on
any day except Saturday,
Sunday, and federal
holidays.
52. Tracy abutting 219 Tracy
Avenue: Avenue. There will be
four-hour parking from
8:00 a.m. to 5:00 p.m., on
any day except Saturday,
Sunday, and federal
holidays.
53. Water from Bay Street to
Street: waterfront on the west
side. There will be four-
hour parking from 8:00
a.m. to 5:00 p.m., on any
day except Saturday,
Sunday, and federal
holidays.
Page 24 of 202
Back to Agenda
Ordinance No. -23
Page 21 of 23
54. SW Yarrow on the south side, from
St: Explorer Avenue westerly
for a distance of 360 feet
and easterly for a distance
of 390 feet. There will be
four-hour parking from
8:00 a.m. to 5:00 p.m., on
any day except Saturday,
Sunday, and federal
holidays.
(2) Violation of this section is a Class A infraction.
SECTION 3. Section 10.12.500 of the Port Orchard Municipal Code is hereby amended
to read as follows:
10.12.500 Parking time limited on certain city parking lots.
(1) The city parking lots are identified as follows:
(a) Lot 2, which lies between Frederick Street and Sidney Avenue, north of Bay Street.
Parking in Lot 2 shall be allowed for a maximum period of four hours, including two car
charging stalls limited to four hours maximum, and one motorcycle stall.
(b) Lot 5, which is all parking spaces on City Hall property (first floor entry). Parking in Lot 5
shall be for City Hall ADA parking patrons and official vehicles only. The police chief or their
designate may authorize deviations to this policy for Lot 5, if necessary. No monetary
charge.
(c) Lot 6, which is all parking spaces abutting the landscaped area at the southwest corner
of the intersection of Bay Street and DeKalb Street (Bayside Plaza). Parking in Lot 6 shall be
allowed for a maximum period of two hours. No monetary charge.
(d) Lot 7, which is all parking spaces located on the library property. Parking in Lot 7 shall be
limited to library staff only. Access to Lot 7 and parallel parking stalls via the adjacent parcel
to the south pursuant to easement AF# (8903310122). No monetary charge.
(e) Lot 8, which lies east of City Hall, north of and adjacent to Prospect Alley (between
Kitsap Street and Prospect Street). Lot 8 is for designated city vehicles and city employees
via pass Monday through Friday. No monetary charge.
(f) Lot 9, 720 Prospect Street, which lies east of Lot 8, north of and adjacent to Prospect
Alley (between Kitsap Street and Prospect Street). Lot 9 is for designated vehicles and city
employees via pass Monday through Friday. No monetary charge.
Page 25 of 202
Back to Agenda
Ordinance No. -23
Page 22 of 23
(g) Lot 10, which lies on the east side of McCormick Village Drive between SW Old Clifton
Road and SW Yarrow Street. Parking in Lot 10 shall be allowed for a maximum period of
four hours, enforced on a 24-hour basis.
(h) Paul Powers Park, which lies north and east of the public works department "south
shed" located at 2051 Sidney Avenue. Paul Powers Park parking is limited to dawn -to -dusk
parking only.
(i) Van Zee Park, which lies south of Tremont Street and west of Sidney Avenue, located at
300 Tremont Street. Van Zee Park parking is limited to dawn -to -dusk parking only.
(j) Rockwell Pocket Park will be limited to two-hour parking from dawn to dusk.
(2) Parking restrictions in Lots 2, 5, 6, 7, 8 and 9 shall be enforced on a 24-hour basis, except
Saturday, Sunday, and federal holidays within the city.
(3) Violation of this section is a Class A infraction.
SECTION 4. Section 10.12.510 of the Port Orchard Municipal Code is hereby amended
to read as follows:
10.12.510 Parking passes.
Parking passes are established for city parking lots defined in POMC 10.12.500 and are subject
to sales and use tax defined in RCW 82.14.020(3).
(1) Daily Contractor's Parking Pass. A contractor's parking pass shall be $8.00 per day per
parking space per 24-hour period. The purpose of this pass is to accommodate a temporary
need of parking, as determined by the city engineer.
(2) City Employee Parking Pass. Each employee may receive one employee parking pass at no
cost to the employee upon request to the finance department. The pass must be relinquished
to the city on the employee's last day of employment or at any time upon request by the city.
SECTION 5. Section 10.12.520 of the Port Orchard Municipal Code is hereby amended
to read as follows:
10.12.520 Parking passes — Rules.
The following rules apply to the use of city parking passes as defined in POMC 10.12.510 as
follows:
(1) Posting of Passes. Passes for carpool, city employee, and contractor's passes must be affixed
to the bottom portion of the hangtag provided and then hung from the rearview mirror located
on the vehicle's front windshield. If no rearview mirror exists, the hangtag shall be placed face
up on the middle of the dash and made clearly visible from outside of the front of the vehicle. It
is the responsibility of the pass holder to place the parking pass as described above.
Page 26 of 202
Back to Agenda
Ordinance No. -23
Page 23 of 23
(2) Enforcement. The city -issued parking pass allows the specified vehicle to park in a city -
designated parking lot. The parking pass does not allow the vehicle to park in excess of the
posted hours or be exempt from any posted parking rules in any other location. Violation of this
section is a Class A infraction.
SECTION 6. Authorization to Post Signs. The City Engineer is hereby directed to post
the signs as required by this Ordinance and as a result of the amendment of POMC Sections
10.12.460, 10.12.490, 10.12.500, 10.12.510, and 10.12.520 upon the effective date of this
Ordinance.
SECTION 7. 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 8. 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 11th day of July 2023.
Robert Putaansuu, Mayor
ATTEST:
Brandy Wallace, MMC, City Clerk
APPROVED AS TO FORM: SPONSORED BY:
Charlotte A. Archer, City Attorney Scott Diener, Councilmember
PUBLISHED:
EFFECTIVE DATE:
Page 27 of 202
Back to Agenda
Ordinance No. XXX-23 —Tracked POMC Chapter 10.12
10.12.460 Parking prohibited at all times.
(1) When signs or markings are installed giving notice thereof, no person shall park a vehicle at
any time upon any of the streets or parts of streets described as follows:
1. Advantage
on the west side of the
Avenue:
north 350 feet of roadway
and on the left-hand side,
as the traffic flows, of the
remainder of the street.
2. SW Alava
on the north side of the
Court:
street.
3�. Amherst
on both sides of the
Way SW:
street.
4-. Andasio Loop
on the outside curb along
SE:
the entire loop.
54. Arnold
along the west side of
Avenue E:
Arnold Avenue E, from
the Lawrence Street
intersection, to the
northeast towards Bay
Street, 100 feet.
6§. Arnold
along the east side of
Avenue E:
Arnold Avenue E, from
the Bay Street
intersection, to the south
66 feet.
765. Bay Street:
at the intersection with
Wharf Street (Mitchell
Point), along the outside
radius of the existing road
as delineated by the
established guardrail.
8-7. Bay Street:
on the south side from
Tracy Avenue, westerly
for a distance of 200 feet.
29. Bay Street:
on the north side, from
the DeKalb Street
pedestrian pier westerly
for 70 feet and in front of
501 Bay Street.
109. Bay Street:
at the southwest corner
Page 28 of 202
Back to Agenda
Ordinance No. XXX-22
Page 2 of 2`1
of the intersection with
Arnold Avenue E, from
the point of curvature to
the point of tangency of
the curve radius.
119. Bay Street:
on the south side from
Dekalb Street, 130 feet to
the east.
121. Becky
on both sides of street,
Avenue:
from Dallas Street south
to dead end.
13-2. Bethel
on the west side from the
Avenue:
driveway at 1130 Bethel
Avenue, 245 feet north.
14. SW Bigler
on the south side of the
Way:
street.
153. Bittern
on both sides of the street
Lane:
from McCormick Village
Drive to Wandering Way.
16. SW
on the south side of the
Blackburn Lane:
street.
174. Bristol Lane
on the east side of the
SE:
street.
18. SW Cardiff
on the south side of the
Street:
street.
19-. Castleton
on both sides of the
Road SW:
street.
2016. Cedar on both sides of the street
Canyon: within 100 feet of the
Tremont Street right-of-
way.
2117. Chanting on both sides of street,
Circle SW: from Old Clifton Road 260
feet. Then on the east
side to Chanting Circle.
Then along the inside
curb of the remaining part
of Chanting Circle.
2219. Chatterton on the west side of street.
Page 29 of 202
Back to Agenda
Ordinance No. XXX-22
Page I of 2`1
Avenue SW:
2349. Chowchilla
on the south side of
Way:
street.
249. SW Colbert
on left-hand side of street
Way:
as the traffic flows, from
Pickford Place SW to
Chatterton Avenue SW.
25-1. Currant
on the west side of the
Lane SW:
street.
26-2. Dallas
on the right-hand side, as
Street:
the traffic flows.
27-. DeKalb
on south side from Cline
Street:
Avenue easterly to dead
end.
284. DeKalb
on the south side, from
Street:
Sidney Avenue westerly
for a distance of 100 feet.
29-5. DeKalb
on the north side, from
Street:
Tracy Avenue easterly to
the end of DeKalb Street.
302-6. DeKalb
on the south side, from
Street:
Mitchell Avenue to the
east side of Tracy Avenue.
3127. Donna
on the south side of
Street:
street.
32-2-9. Donnegal
on both sides of the
Circle SW:
street.
3329. Egret
on the south side of the
Street:
street.
349. Explorer
on the inside radius of the
Ave:
street.
35-1. Fantail
on the east side of the
Place:
street.
36-2. Farragut
on both sides, from
Avenue:
DeKalb Street to Morton
Street; except, on the east
side, 160 feet north of
DeKalb Street.
Page 30 of 202
Back to Agenda
Ordinance No. XXX-22
Paee a of 2s
37-3. SW Fielder
on the west side including
Place:
the cul-de-sac.
384. Fiscal
on the south side of the
Street:
street.
39-5. Forest Park
on both sides of the
Street:
street.
40-3-6. Glenmore
on the inside radius of the
Loop:
entire loop.
41-3-7. Glenwood
on the north side, from
Road SW:
Sidney Road 350 feet
west.
42. Great Glen
on the south side, from
Road SW:
Telford Way SW easterly
for a distance of 200 feet.
From this point, on the
west side of the street to - Formatted: Not Highlight
SW Alava Court.
43. Great Glen
on the east side, from SW
Road SW:
Alava Court to Gleneagle Formatted: Nt Highlight
Avenue SW. - Formatted: Highlight
44-39. Grebe
on the north side, from
Way:
Siskin Circle to Swift
Avenue.
453-4. Guy
on both sides from Bay
Wetzel Street:
Street to Perry Avenue.
469. Hales Court
on both sides of the
SW:
street.
474. Hibiscus
on the outside radius of
Circle SW:
the entire circle.
48-. Huntington
on both sides from Olney
Street:
Avenue to Glenmore Loop
and the north side from
Glenmore Loop to west
end terminus.
49-. Jabirin Way:
on the north side of
street.
5044. Keppel
on both sides of the
Loop SW:
street.
51. Kinross Road on the east side of the
Page 31 of 202
Back to Agenda
Ordinance No. XXX-22
Page S of 2`1
SW:
street.
5245. Koda
along fire lanes where
Circle:
marked/posted.
5346. Ladd Court
on both sides of the
SW:
street.
5447. Landis
on the northeast side.
Court SW:
55. Lawrence
on both sides of the
Street:
street.
5649. Lazuli
on the south side, from
Street:
Wigeon Avenue to Siskin
Circle.
574-9. Limerick
on both sides of the
Drive SW:
street.
589. Lippert
on both sides, from
Drive:
Pottery Avenue to
Advantage Street.
59-1. Lloyd
on both sides from SW
Parkway:
Old Clifton Road to
Lumsden Road.
60-5-2. Lone Bear
on both sides from Feigley
Drive:
Road to 100 feet west of
Chatterton Avenue SW.
615-3. Longview
on east side of street.
Avenue:
6254. Lowren
on the right-hand side, as
Street:
the traffic flows on the
one-way portion of the
street.
6355. Lumsden
on both sides of the
Road:
street.
64. SE Markwick
on both sides of the Formatted: Not Highlight
Road:
street.
65,Marymere
on the south side, - Formatted: root Highlight
Road SW:
between Telford Way SW
and Marymere Road SW.
66,Marymere
on the west side, from SW - Formatted: Not Highlight
Road SW:
Alava Court to Great Glen
Page 32 of 202
Back to Agenda
Ordinance No. XXX-22
Paee 6 of 2`1
Road SW.
6766. Mitchell
on both sides, from Bay
Avenue:
Street to Kitsap Street.
685-7. Murrelet
on both sides, from Old
Avenue:
Clifton Road to Siskin
Circle.
69-5$. SE
on the outside curb of the
Nordmann Loop:
entire loop.
70-59. SW Old
on both sides from
Clifton Road:
Chanting Circle SW to
Campus Parkway.
7169. Olivine
on both sides of the
Drive SW:
street.
7261. SW
on the south side of the
Pendleton Way:
street.
73. SW Perth
on the south side of the -Formatted: Not Highlight
Place:
street.
746;1. Pickford
on the left-hand side as
Place SW:
the traffic flows on the
street, from SW Colbert
Way to end of cul-de-sac.
7563. Plisko
on both sides, from
Avenue:
Mitchell Avenue to Mile
Hill Drive.
7664. Pottery
on both sides of the
Avenue:
street, within 100 feet of
the Tremont Street right-
of-way.
7765. Prospect
on the inside radius of the
Street:
curve between Robert
Geiger Street and
Frederick Avenue.
7866. Retsil
on the west side, from the
Road:
north corporate limits to
the south property line of
982 Retsil Road.
796-7. Robert other than official city
Geiger Street: vehicles, parking is
prohibited at all times
Page 33 of 202
Back to Agenda
Ordinance No. XXX-22
Page 7 of 2`1
along the south side, from
Bay Street to Prospect
Street.
80&9. Rockwell
on both sides, from Bay
Avenue:
Street to Kitsap Street.
816-9. Ross
on the south side of the
Street:
400 block.
82-79. Sage
on both sides of street.
Court:
8374. Sage
on both sides from
Street:
Pottery Avenue east for a
distance of 70 feet and on
the left-hand side, as the
traffic flows, on the
remainder of the street.
8474. Seattle
on the east side, from Bay
Avenue:
Street southerly for a
distance of 82 feet.
857-3. SW Sedge
On the north side of the
St:
street including the cul-
de-sac.
86-74. Sherman
on the east side of the
Avenue:
1200-1300 block from the
dead end 980 feet north.
877-5. Sidney
on the west side from Bay
Avenue:
Street to Prospect Street.
8876. Siskin
on the inside curb of
Circle:
Siskin Circle throughout
the circle.
8977. Snowridge
on the left-hand side, as
Avenue:
the traffic flows on the
street.
907-8. Sprague
on the right-hand side, as
Street:
the traffic flows on the
one-way portion of the
street.
917-9. Sroufe
on the south side, from
Street:
Sidney Avenue to
Portland Avenue.
Page 34 of 202
Back to Agenda
Ordinance No. XXX-22
Page 8 of 2`1
9289. SW
on the right-hand side of
Stanwick Way:
street as the traffic flows,
from Lone Bear Drive to
Pickford Place SW.
9391.
on outside of circle
Strathmore
traveling either direction.
Circle SW:
94. SW
on the south side of the
Sunnyside
street.
Street:
95K. Sweany
on the north side, from
Street:
Cline Avenue westerly for
a distance of 340 feet.
9688. Sweany
on the south side, from
Street:
Sidney Avenue westerly
for a distance of 200 feet.
9784. Swift
on west side, from Siskin
Avenue:
Circle to Lazuli Street.
98. Thornhill
on the south side of the
Avenue SW:
street.
9985. Tremont
on both sides of street
Place:
from 233 Tremont Place
driveway to end of road
guardrail.
100966. Tremont
on both sides of the
Street:
street, within 100 feet of
Pottery Avenue right-of-
way.
1018-7. Vardon
on both sides of the
Circle SW:
street.
10288. Viridian
on both sides of the
Avenue SW:
street.
10389.
on the outside radius of
Wandering Way:
the street.
10490. Warbler
on both sides of street
Way:
from Old Clifton Road to
Siskin Circle.
10594. Warbler
from Siskin Circle to curve
Way:
(park) on south side and
Page 35 of 202
Back to Agenda
Ordinance No. XXX-22
Paee 9 of 2`1
on east side from curve
(park) to Grebe Way.
10694. Waverly on the west side of the
Rd SW: street.
10793. Wilkins on both sides, from the
Drive: west terminus, eastward
350 feet.
(2) Violation of this section is a Class A infraction. (Ord. 005-23 § 1; Ord. 049-22 § 2; Ord. 029-22
§ 1 (Exh. A)).
10.12.490 Parking time limited on certain streets.
(1) When signs are erected by the city engineer in each block giving notice thereof, no person
shall park a vehicle for longer than the time specified in this section, on the days specified in
this section, upon any of the streets described as follows except vehicles complying with the
residential parking permit program:
1. Ada Street: on both sides of Ada
Street, from Sidney
Avenue to Harrison
Avenue. There will be
two-hour parking from
8:00 a.m. to 5:00 p.m., on
any day except Saturday,
Sunday, and federal
holidays.
2. Arnold on the west side of Arnold
Avenue E: Avenue E, south of Bay
Street. There will be two-
hour parking from 8:00
a.m. to 5:00 p.m., on any
day except Saturday,
Sunday, and federal
holidays.
3. Austin on both sides, from
Avenue: Division Street to Dwight
Street. There will be two-
hour parking from 8:00
a.m. to 5:00 p.m., on any
day except Saturday,
Page 36 of 202
Back to Agenda
Ordinance No. XXX-22
Page 10 of 2`1
Sunday, and federal
holidays.
4. Bay Street: on both sides, from
Orchard Avenue to
Harrison Avenue. There
will be two-hour parking
from 8:00 a.m. to 5:00
p.m., on any day except
Saturday, Sunday, and
federal holidays. Vehicles
with residential parking
permits are not exempt
from the parking
restrictions specified
within this subsection.
5. Bay Street: on the north side from
the DeKalb Street
pedestrian pier easterly
for 110 feet. There will be
15-minute loading and
unloading only.
6. Bay Street: on the south side from
Port Orchard Boulevard to
DeKalb Street and 130
feet east of DeKalb Street
to Kitsap Street there will
be four-hour parking from
8:00 a.m. to 5:00 p.m., on
any day except Saturday,
Sunday and federal
holidays.
7. Bay Street: on west side of the 1500
and 1600 block. There will
be four-hour parking from
8:00 a.m. to 5:00 p.m., on
any day except Saturday,
Sunday, and federal
holidays.
8. Bay Street: on the north side at Ross
Point (SR 166). There will
be four-hour parking.
Page 37 of 202
Back to Agenda
Ordinance No. XXX-22
Page 11 of 2`1
9. Bay Street: on the south side of Bay
Street, west of Arnold
Avenue E. There will be
two-hour parking from
8:00 a.m. to 5:00 p.m., on
any day, except Saturday,
Sunday, and federal
holidays.
10. Bravo on the east side, from the
Terrace: Bravo Terrace
intersection south to the
end of cul-de-sac. There
will be two-hour parking
firenn. 9-90 tog.nn
d exeept
gawFday, Sunday, and
f deFal holidays.at all
times.
11. Cline on both sides, from Kitsap
Avenue: Street to Dwight Street.
There will be four-hour
parking from 8:00 a.m. to
5:00 p.m., on any day
except Saturday, Sunday,
and federal holidays.
12. Cline from the northeast corner
Avenue: of Kitsap Street and Cline
Avenue northerly along
the east line of Cline
Avenue to Bay Street.
There will be two-hour
parking from 8:00 a.m. to
5:00 p.m., on any day
except Saturday, Sunday,
and federal holidays.
13. Cline on both sides, from Taylor
Avenue: Street to Division Street.
There will be two-hour
parking from 8:00 a.m. to
5:00 p.m., on any day
except Saturday, Sunday,
and federal holidays.
Page 38 of 202
Back to Agenda
Ordinance No. =-22
Page 12 of 2`1
14. DeKalb on both sides, from
Street:
Seattle Avenue to Sidney
Avenue. There will be
four-hour parking from
8:00 a.m. to 5:00 p.m., on
any day except Saturday,
Sunday, and federal
holidays; except for a
space on the south side of
DeKalb Street beginning
105 feet east of Harrison
Avenue and continuing
easterly for 175 feet. The
175 feet as described
shall be designated all day
parking.
15. DeKalb
on the north side, from
Street:
Sidney Avenue westerly
for a distance of 120 feet.
There will be four-hour
parking from 8:00 a.m. to
5:00 p.m., on any day
except Saturday, Sunday,
and federal holidays.
16. DeKalb
on the south side, from
Street:
Tracy Avenue easterly to
the end of DeKalb Street.
There will be two-hour
parking from 8:00 a.m. to
5:00 p.m., on any day
except Saturday, Sunday,
and federal holidays.
17. DeKalb
on both sides, from
Street:
Mitchell Avenue westerly
for a distance of 340 feet.
There will be two-hour
parking from 8:00 a.m. to
5:00 p.m., on any day
except Saturday, Sunday,
and federal holidays.
18. DeKalb
on the north side, from
Street:
Mitchell Avenue to Tracy
Page 39 of 202
Back to Agenda
Ordinance No. XXX-22
Page 1.1 of 23
Avenue. There will be
two-hour parking from
8:00 a.m. to 5:00 p.m., on
any day except Saturday,
Sunday, and federal
holidays.
19. Division on both sides, from
Street: Sidney Avenue to Seattle
Avenue. There will be
two-hour parking from
8:00 a.m. to 5:00 p.m., on
any day except Saturday,
Sunday, and federal
holidays.
20. Division on both sides, from Cline
Street: Avenue to Sidney Avenue.
There will be two-hour
parking from 8:00 a.m. to
5:00 p.m., on any day
except Saturday, Sunday,
and federal holidays.
21. Division on both sides from Cline
Street: Avenue westerly to dead
end. There will be four-
hour parking from 8:00
a.m. to 5:00 p.m., on any
day except Saturday,
Sunday and federal
holidays.
22. Dwight on both sides, from
Street: Sidney Avenue to Seattle
Avenue. There will be
four-hour parking from
8:00 a.m. to 5:00 p.m., on
any day except Saturday,
Sunday, and federal
holidays.
23. Dwight on both sides, from
Street: Mitchell Avenue westerly
for a distance of 250 feet.
There will be two-hour
parking from 8:00 a.m. to
Page 40 of 202
Back to Agenda
Ordinance No. XXX-22
Page 14 of 2`1
5:00 p.m., on any day
except Saturday, Sunday,
and federal holidays.
24. Dwight on both sides, from Austin
Street: Avenue to Cline Avenue.
There will be two-hour
parking from 8:00 a.m. to
5:00 p.m., on any day
except Saturday, Sunday,
and federal holidays.
25. Farragut on the east side, 160 feet
Avenue: north of DeKalb Street.
There will be two-hour
parking from 8:00 a.m. to
5:00 p.m., on any day
except Saturday, Sunday,
and federal holidays.
26. Frederick on both sides, from
Avenue: waterfront parking lot to
Prospect Street. There will
be two-hour parking from
8:00 a.m. to 5:00 p.m., on
any day except Saturday,
Sunday, and federal
holidays.
27. Harrison on the east side, from Bay
Avenue: St northerly for a distance
of 80 feet. There will be
one -hour parking from
8:00 a.m. to 5:00 p.m., on
any day except Saturday,
Sunday, and federal
holidays.
28. Harrison on both sides, from
Avenue: DeKalb Street to Dwight
Street. There will be four-
hour parking from 8:00
a.m. to 5:00 p.m., on any
day except Saturday,
Sunday, and federal
holidays.
Page 41 of 202
Back to Agenda
Ordinance No. XXX-22
Page i-, of 2`1
29. Harrison on both sides, from
Avenue: Dwight Street to Division
Street. There will be two-
hour parking from 8:00
a.m. to 5:00 p.m., on any
day except Saturday,
Sunday, and federal
holidays.
30. Harrison on both sides from Ada
Avenue: Street to dead end. There
will be two-hour parking
from 8:00 a.m. to 5:00
p.m., on any day except
Saturday, Sunday, and
federal holidays.
31. Kitsap Street: on both sides, from Cline
Avenue to Rockwell
Avenue. There will be
four-hour parking from
8:00 a.m. to 5:00 p.m., on
any day except Saturday,
Sunday, and federal
holidays.
32. Kitsap Street: on both sides, from
Mitchell Avenue westerly
for a distance of 150 feet.
There will be two-hour
parking from 8:00 a.m. to
5:00 p.m., on any day
except Saturday, Sunday,
and federal holidays.
33. Mitchell on the east side, from
Avenue: DeKalb Street northerly
for a distance of 70 feet.
There will be two-hour
parking from 8:00 a.m. to
5:00 p.m., on any day
except Saturday, Sunday,
and federal holidays.
34. Mitchell on the west side, from
Avenue: Kitsap Street to Taylor
Street. There will be two -
Page 42 of 202
Back to Agenda
Ordinance No. =-22
Page 16 of 2`1
hour parking from 8:00
a.m. to 5:00 p.m., on any
day except Saturday,
Sunday, and federal
holidays.
35. Mitchell on the east side, from
Avenue: DeKalb Street southerly to
the bus loading access
road, shall be designated
all day parking except for
the revetment area which
is two-hour parking from
8:00 a.m. to 5:00 p.m., on
any day except Saturday,
Sunday, and federal
holidays.
36. Morton on both sides, from
Street: Rockwell Avenue westerly
for a distance of 230 feet
on both sides. There will
be four-hour parking from
8:00 a.m. to 5:00 p.m., on
any day except Saturday,
Sunday, and federal
holidays.
37. Morton on both sides, from
Street: Rockwell Avenue easterly
for a distance of 230 feet
on both sides. There will
be four-hour parking from
8:00 a.m. to 5:00 p.m., on
any day except Saturday,
Sunday, and federal
holidays.
38. Prospect on both sides, from
Street: Sidney Avenue to Robert
Geiger Street. There will
be four-hour parking from
8:00 a.m. to 5:00 p.m.
(except where posted as
one -hour parking for the
City Permit Center located
Page 43 of 202
Back to Agenda
Ordinance No. XXX-22
Page 17 of 2`1
at 720 Prospect Street;
holders of residential
parking permits are not
exempt from this
restriction), on any day
except Saturday, Sunday,
and federal holidays, and
the inside radius of the
curve between Robert
Geiger Street and
Frederick Avenue.
39. Prospect on both sides, from Kitsap
Street: Street to Robert Geiger
Street. There will be two-
hour parking from 8:00
a.m. to 5:00 p.m., on any
day except Saturday,
Sunday, and federal
holidays, except where
30-minute zone is
delineated.
40. Prospect along the green curb, in
Street: front of City Hall at 216
Prospect Street. There is
30-minute parking from
8:00 a.m. to 5:00 p.m., on
any day except Saturday,
Sunday, and federal
holidays.
41. Robert on the north side, from
Geiger Street: Prospect Street to Bay
Street. There will be four-
hour parking from 8:00
a.m. to 5:00 p.m., on any
day except Saturday,
Sunday, and federal
holidays.
42. Seattle on both sides, from Kitsap
Avenue: Street to Dwight Street.
There will be four-hour
parking from 8:00 a.m. to
5:00 p.m., on any day
Page 44 of 202
Back to Agenda
Ordinance No. XXX-22
Page 18 of 2`1
except Saturday, Sunday,
and federal holidays.
43. Seattle on both sides from
Avenue: Dwight Street to Division
Street. There will be two-
hour parking from 8:00
a.m. to 5:00 p.m., on any
day except Saturday,
Sunday, and federal
holidays.
44. Sidney on both sides from Bay
Avenue: Street to the waterfront.
There will be two-hour
parking from 8:00 a.m. to
5:00 p.m., on any day
except Saturday, Sunday,
and federal holidays.
45. Sidney on the east side from Bay
Avenue: Street to Prospect Street.
There will be two-hour
parking from 8:00 a.m. to
5:00 p.m., on any day
except Saturday, Sunday,
and federal holidays.
46. Sidney on both sides, from
Avenue:
Prospect to Kitsap Street.
There will be four-hour
parking from 8:00 a.m. to
5:00 p.m., on any day
except Saturday, Sunday,
and federal holidays.
47. Sidney
on both sides, from Kitsap
Avenue:
Street to DeKalb Street.
There will be four-hour
parking from 8:00 a.m. to
5:00 p.m., on any day
except Saturday, Sunday,
and federal holidays.
48. Sidney
on both sides, from
Avenue:
DeKalb Street to Ada
Street. There will be two -
Page 45 of 202
Back to Agenda
Ordinance No. XXX-22
Page 19 of 2`1
hour parking from 8:00
a.m. to 5:00 p.m., on any
day except Saturday,
Sunday, and federal
holidays.
49. Sweany on the south side, from
Street: Cline Avenue westerly for
a distance of 300 feet.
There will be two-hour
parking from 8:00 a.m. to
5:00 p.m., on any day
except Saturday, Sunday,
and federal holidays.
50. Sweany on the north side, from
Street: Sidney Avenue westerly
for a distance of 200 feet.
There will be two-hour
parking from 8:00 a.m. to
5:00 p.m., on any day
except Saturday, Sunday,
and federal holidays.
51. Tracy on both sides, from
Avenue: DeKalb Street to Guy
Wetzel Street. There will
be two-hour parking from
8:00 a.m. to 5:00 p.m., on
any day except Saturday,
Sunday, and federal
holidays.
52. Tracy abutting 219 Tracy
Avenue: Avenue. There will be
four-hour parking from
8:00 a.m. to 5:00 p.m., on
any day except Saturday,
Sunday, and federal
holidays.
53. Water from Bay Street to
Street: waterfront on the west
side. There will be four-
hour parking from 8:00
a.m. to 5:00 p.m., on any
day except Saturday,
Page 46 of 202
Back to Agenda
Ordinance No. XXX-22
Page 20 of 2`1
Sunday, and federal
holidays.
54. SW Yarrow on the south side, from
St: Explorer Avenue westerly
for a distance of 360 feet
and easterly for a distance
of 390 feet. There will be
four-hour parking from
8:00 a.m. to 5:00 p.m., on
any day except Saturday,
Sunday, and federal
holidays.
(2) Violation of this section is a Class A infraction. (Ord. 005-23 § 2; Ord. 049-22 § 3; Ord. 029-22
§ 1 (Exh. A)).
10.12.500 Parking time limited on certain city parking lots.
(1) The city parking lots are identified as follows:
(a) Let 1 ..hieh "P; h..t......... Qreha..d @Rd. C..,.deFirL StFeEAS .. the .....th of Bay Street
l�ii
(ala) Lot 2, which lies between Frederick Street and Sidney Avenue, north of Bay Street.
Parking in Lot 2 shall be allowed for a maximum period of four hours, including two car
charging stalls limited to four hours maximum, and one motorcycle stall.
(c) Let 3, which is the five rews E)f parking area under Gity jUFi5d0rA0A_.n I.vert Af 14.
th...e west..Fl y Fews of Let 3 shall he ;II....,...d fee a FnaXiMWFA periedof fear hell Fs at ..
menetary charge. Parking in the easterly two rows is paid parking and shall require a paid
(d) Lot 4, which is all parking area under city jurisdiction v.fhkh lies east of Parking Lot 3 and
shall FequiFe a aid .Daily P@FkiRg pass as establiShe d O., onnnr 1012 520 Parking
..hihite d at RII time-'s AR sate I..dayS fFGFR 5 ... to 5.00 p ' .. A f....ffil !St th...0 gh
04ghpr Al #
Page 47 of 202
Back to Agenda
Ordinance No. XXX-22
Page 21 of 2`1
(be) Lot 5, which is all parking spaces on City Hall property (first floor entry). Parking in Lot 5
shall be for City Hall ADA parking patrons and official vehicles only. The police chief or their
designate may authorize deviations to this policy for Lot 5, if necessary. No monetary
charge.
(c€) Lot 6, which is all parking spaces abutting the landscaped area at the southwest corner
of the intersection of Bay Street and DeKalb Street (Bayside Plaza). Parking in Lot 6 shall be
allowed for a maximum period of two hours. No monetary charge.
(dg) Lot 7, which is all parking spaces located on the library property. Parking in Lot 7 shall
be limited to library staff only. Access to Lot 7 and parallel parking stalls via the adjacent
parcel to the south pursuant to easement AF# (8903310122). No monetary charge.
(e4) Lot 8, which lies east of City Hall, north of and adjacent to Prospect Alley (between
Kitsap Street and Prospect Street). Lot 8 is for designated city vehicles and city employees
via pass Monday through Friday. No monetary charge.
(fl) Lot 9, 720 Prospect Street, which lies east of Lot 8, north of and adjacent to Prospect
Alley (between Kitsap Street and Prospect Street). Lot 9 is for designated vehicles and city
employees via pass Monday through Friday. No monetary charge.
(gj) Lot 10, which lies on the east side of McCormick Village Drive between SW Old Clifton
Road and SW Yarrow Street. Parking in Lot 10 shall be allowed for a maximum period of
four hours, enforced on a 24-hour basis.
(hk) Paul Powers Park, which lies north and east of the public works department "south
shed" located at 2051 Sidney Avenue. Paul Powers Park parking is limited to dawn -to -dusk
parking only.
(il) Van Zee Park, which lies south of Tremont Street and west of Sidney Avenue, located at
300 Tremont Street. Van Zee Park parking is limited to dawn -to -dusk parking only.
(jre) Rockwell Pocket Park will be limited to two-hour parking from dawn to dusk
(2) Parking restrictions in Lots -1-,-2, 3 4; 5, 6, 7, 8 and 9 shall be enforced on a 24-hour basis,
except Saturday, Sunday, and federal holidays within the city.
(3-S) Violation of this section is a Class A infraction. (Ord. 005-23 § 3; Ord. 049-22 § 4; Ord. 029-
22 § 1 (Exh. A)).
Page 48 of 202
Back to Agenda
Ordinance No. XXX-22
Page 22 of 2`1
Page 49 of 202
Back to Agenda
Ordinance No. XXX-22
Page 2. of 2`1
(1g) Daily Contractor's Parking Pass. A contractor's parking pass shall be $8.00 per day per
parking space per 24-hour period. The purpose of this pass is to accommodate a temporary
need of parking, as determined by the city engineer.
(2-7) City Employee Parking Pass. Each employee may receive one employee parking pass at no
cost to the employee upon request to the finance department. The pass must be relinquished
to the city on the employee's last day of employment or at any time upon request by the city.
(Ord. 005-23 § 4; Ord. 029-22 § 1 (Exh. A)).
10.12.520 Parking passes — Rules.
The following rules apply to the use of city parking passes as defined in POMC 10.12.510 as
follows:
(1-) Posting of Passes. The ,.;ty issued ..aFki..g PaSSeS 44 hE)UFI., and daily PaFl(dRg Must I@
_affixed .... the ,d.d-e f. th . ye h-0 GI e's .d. iye.J,; .J...).... 4...J eW (REA the f r e Rr .. Rd 5 h ie 1 d ) . Passes for
monthlyFneFeh 44t carpool, city employee, and contractor's passes must be affixed to the
bottom portion of the hangtag provided and then hung from the rearview mirror located on the
vehicle's front windshield. If no rearview mirror exists, the hangtag shall be placed face up on
the middle of the dash and made clearly visible from outside of the front of the vehicle. It is the
responsibility of the pass holder to place the parking pass as described above.
(24) Enforcement. The city -issued parking pass allows the specified vehicle to park in a city -
designated paW-parking lot. The parking pass does
not allow the vehicle to park in excess of the posted hours or be exempt from any posted
parking rules in any other location. Violation of this section is a Class A infraction. (Ord. 005-23
§ 5; Ord. 029-22 § 1 (Exh. A)).
Page 50 of 202
Agenda Item No
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Consent Agenda 4D Meeting Date
Subject: Adoption of a Resolution Authorizing the Mayor Prepared by
to Sign a Release of Deed Restriction for Lots
1, 2, and 3 of Port Orchard Industrial Park Atty Routing No:
Division 2 Atty Review Date
Back to Agenda
July 11, 2023
Tony Lang
Public Works Director
366922-0009
July 5, 2023
Summary: In 2005, the then owners of real property identified as Kitsap County Tax Parcel No. 342401-3-033-
2002, commonly referred to as Lots 1, 2, and 3 of the Port Orchard Industrial Park Division 2 Plat (the
"Property"), executed and recorded a Deed Restriction at the direction of the City of Port Orchard. The Deed
Restriction prohibits the issuance of any building permits for Lots 1, 2, and 3 of Port Orchard Industrial Park
Division 2 until certain improvements were completed pursuant to City Permit No. 9236 and accepted by the
City. Public Works Staff has reviewed and accepted the required improvements, and confirmed they are
complete.
Recommendation: Staff recommends that the City Council adopt a Resolution, authorizing the Mayor to sign
a Release of Deed Restriction for Lots 1, 2, & 3 of Port Orchard Industrial Park Division 2.
Relationship to Comprehensive Plan: Chapter 2: Land use
Motion for Consideration: I move to adopt a Resolution authorizing the Mayor to sign a Release of Deed
Restriction for Lots 1, 2, & 3 of Port Orchard Industrial Park Division 2.
Fiscal Impact: None.
Alternatives: Do not approve and provide further guidance
Attachments: Resolution
Release, Discharge and Termination of Deed Restrictions on Plat
Courtesy copy of Deed Restriction
Page 51 of 202
Back to Agenda
RESOLUTION NO.
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
THE MAYOR TO SIGN A RELEASE OF DEED RESTRICTION FOR LOTS 1, 2 AND 3
OF PORT ORCHARD INDUSTRIAL PARK DIVISION 2.
WHEREAS, in 2005, the then owners of real property identified as Kitsap County Tax
Parcel No. 342401-3-033-2002, commonly referred to as Lots 1, 2, and 3 of the Port Orchard
Industrial Park Division 2 Plat, executed and recorded a Deed Restriction at the direction of the
City of Port Orchard; and
WHEREAS, the Deed Restriction prohibits the issuance of any building permits for Lots 1,
2, and 3 of Port Orchard Industrial Park Division 2 until certain improvements were completed
pursuant to City Permit No. 9236 and accepted by the City; and
WHEREAS, Public Works staff has reviewed and recommends acceptance of the
required improvements and confirmed they are complete; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
THAT: The City Council authorizes the Mayor to sign a Release of Deed Restriction for
Lots 1, 2, & 3 of Port Orchard Industrial Park Division 2, hereby attached as Exhibit A,
and to take all action consistent with this authorization to effectuate the same.
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 11th day of July 2023.
ATTEST:
Brandy Wallace, MMC, City Clerk
Robert Putaansuu, Mayor
Page 52 of 202
IBack to Agenda
RECORDING REQUESTED BY,
AND WHEN RECORDED RETURN TO:
CITY OF PORT ORCHARD
Attn: City Clerk, Brandy Wallace
216 Prospect Street
Port Orchard, WA 98366
DOCUMENT TITLE:
REFERENCE NUMBER(S) OF
RELATED DOCUMENTS:
GRANTOR:
ABBREVIATED LEGAL
DESCRIPTION:
ASSESSOR'S PROPERTY TAX
PARCEL/ACCOUNT NUMBER(S):
Release of Deed Restriction
200505190055;200505050045;3106119
CITY OF PORT ORCHARD
SEE EXHIBIT A
5491-000-001-0004;5491-000-002-0003;
5491-000-003-0002
RELEASE, DISCHARGE AND TERMINATION OF
DEED RESTRICTIONS ON PLAT
This Release, Discharge and Termination of Deed Restrictions on Plat (this
"Release") is made, executed and given effective this day of July 2023.
WHEREAS, in 2005, the then owners of real property identified as Kitsap
County Tax Parcel No. 342401-3-033-2002, legally described as set forth on Exhibit A
hereto and commonly referred to as Lots 1, 2, and 3 of the Port Orchard Industrial Park
Division 2 Plat (the "Property"), executed and recorded a Deed Restriction at the
direction of the City of Port Orchard, a copy of which is attached hereto as Exhibit B and
incorporated herein by this reference; and
WHEREAS, the Deed Restriction (Exhibit B) prohibits the issuance of any
building permits for Lots 1, 2 and 3 of Port Orchard Industrial Park Division 2, until
certain improvements were completed pursuant to City Permit No. 9236 and accepted by
the City; and
WHEREAS, the City has reviewed and accepted the required improvements; and
WHEREAS, the Deed Restriction (Exhibit B) instructs that the Deed Restriction
shall be released and building permits shall be issued upon review and acceptance of the
required improvements; and
-1-
630949.1- 362330 -0014
10700619.1- 366922 - 0001
Page 53 of 202
WHEREAS, as a consequence of the foregoing, the Deed Restrictions on the Plat
are no longer relevant to or needed for the purposes for which imposed and should be
formally released of record, now, therefore:
1. Each of the foregoing recitals is true and incorporated into and made a part
of the terms of this Release.
2. The City confirms that all required improvements have been constructed,
inspected and accepted by the City. Accordingly, the Deed Restrictions set on Exhibit B
hereto are hereby unconditionally, irrevocably and forever fully waived, released,
discharged, terminated and canceled and are of no further force or effect.
DATED AND EFFECTIVE the day and year first written above.
CITY OF PORT ORCHARD
By:
Robert Putaansuu, Mayor
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 signed this
instrument, on oath stated that he was authorized to execute the instrument as the
on behalf of the City of Port Orchard and
acknowledged it to be the free and voluntary act for the uses and purposes mentioned in
the instrument.
DATED:
NAME:
(Print Name)
Notary Public in and for the State of Washington
Commission Expires:
-2-
630949.1- 362330 -0014
10700619.1- 366922 - 0001
Page 54 of 202
Back to Agenda
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
PARCEL NO. 5491-000-001-0004
LOT 001, PORT ORCHARD INDUSTRIAL PARK DIV. 2, ACCORDING TO THE
PLAT RECORDED IN VOLUME 31 OF PLATS, PAGE(S) 200-202, INCLUSIVE,
RECORDS OF KITSAP COUNTY, WASHINGTON; SITUATE IN KITSAP
COUNTY, WASHINGTON.
PARCEL NO. 5491-000-002-0003
LOT 002, PORT ORCHARD INDUSTRIAL PARK DIV. 2, ACCORDING TO THE
PLAT RECORDED IN VOLUME 31 OF PLATS, PAGE(S) 200-202, INCLUSIVE,
RECORDS OF KITSAP COUNTY, WASHINGTON; SITUATE IN KITSAP
COUNTY, WASHINGTON.
PARCEL NO. 5491-000-003-0002
LOT 003, PORT ORCHARD INDUSTRIAL PARK DIV. 2, ACCORDING TO THE
PLAT RECORDED IN VOLUME 31 OF PLATS, PAGE(S) 200-202, INCLUSIVE,
RECORDS OF KITSAP COUNTY, WASHINGTON; SITUATE IN KITSAP
COUNTY, WASHINGTON.
-3-
630949.1- 362330 -0014
10700619.1- 366922 - 0001
Page 55 of 202
Back to Agenda
630949.1- 362330 -0014
10700619.1- 366922 - 0001
EXHIBIT B
COPY OF RELEASED DEED RESTRICTION
me
Page 56 of 202
N. L. OLSON & ASSOCIATES, INC.
2453 Bethel Avenue
P.O. Box 637
PORT ORCHARD, WASHINGTON 98366
(360) 876-2284
CAV /9GM 07L 1A07
TO
WE ARE SENDING YOU
• Shop drawing
❑ Copy of letter
Attached ❑ Under separate cover via
s ❑ Prints ❑ Plans
❑ Change order LJ
dIAVVIgQ Back to Agenda 'LZI
J
DA I E-..--
JOEI NO.
ATTENTION
I
RF.
the following items:
❑ Samples ❑ Specifications
COPIES
DATE
NO.
DESCRIPTION
THESE ARE TRANSMITTED as checked below:
❑ For approval or y Four use
❑ As requested
❑ For review and comment
❑ FORBIDS DUE
REMARKS
❑ Approved as submitted
❑ Approved as noted
❑ Returned for corrections
u _
❑ Resubmit copies for approval
❑ Submit copies for distribution
❑ Return corrected prints
20 ❑ PRINTS RETURNED AFTER LOAN TO US
COPY TO
Page 57 of 2CMGNED:
M encioaures are not as noted, kindly notify us at once.
20, Back to Agenda
1 of -
NORNAN L OLSON DEED t2i.00 Kitsal:, Co.. IJAi` 14F'
200505050045
Page: 1 of 3
05/65/2005 12: 03P
NORNRN L OLSON DEED $21.00 Kitsap Co, WA
EXCISE TAX EXEW T 14 A Y a 2 005
After Recording Please Return To:
Norman L. Olson II PE
NL Olson & Associates -��� ���
P.O. Box 637 %�
Port Orchard, WA 98366,��
DOCUMENT TITLE: DEED RESTRICTION
REFERENCE NUMBER(S) OF RELATED DOCUMENTS: 3106119
GRANTOR(S): WARREN E. LUMSDEN / f
GRANTEE(S):
LEGAL DESCRIPTION (abbreviated form): S34 T24 R1E L1,2,3
ASSESSOR'S PROPERTY TAX PARCEL/ACCOUNT NUMBER: 342401-3-033-
2002
KNOW ALL PERSONS PRESENT AS FOLLOWS:
Warren E. Lumsden is the owner of certain real property legally described as Lots 1,
2, and 3 of the Port Orchard Industrial Park Division 2. The plat for Divisions 1 and 2
of Port Orchard Industrial Park is recorded under Auditor's File No. 3106119, records
of Kitsap County, Washington.
A copy of the plat for the Port Orchard Industrial Park is attached as Exhibit A to this
document and incorporated herein by reference as though fully set forth.
The City of Port Orchard has issued Lumsden and/or his agents an
excavation/stormwater permit that requires Lumsden to make certain improvements
on Lots 1, 2, and 3. The City has requested that this deed restriction be put in place
Page 58 of 202
Back to Agenda
on Lots 1, 2, and 3 of Division 2 of Port Orchard Industrial Park prohibiting the
issuance of any building permits for said lots until the improvements described in the
excavation/stormwater permit have been completed pursuant to City Permit No. 9236
and accepted by the City.
NOW, THEREFORE,
Warren E. Lumsden by his signature hereto restricts the title of Lots 1, 2, and 3 of
Division 2 of the Port Orchard Industrial Park plat to prohibit the issuance of any
building permits until the excavation and stormwater improvements on these
properties are completed per City Permit No. 9236 and accepted by the City. Upon
the recording on these Lots 1, 2, and 3 of Division 2 of the Port Orchard Industrial
Park plat of the final acceptance by the City of Port Orchard that the improvements
required by City Permit No. 9236 have been completed, this deed restriction shall be
released and building permits shall issue.
Dated this `(' Ct f M , 2005.
Warren E. Lumsden
STATE OF WASHINGTON
ss.
County of Kitsap )
.On this day personally appeared before me, Warren E. Lumsden, to me
krin to be the individual described in and who executed the within and foregoing
'1DUWnt and acknowledged that he signed the same as his free and voluntary act
4.
y 0 r- -
�ftojor the uses and purposes therein mentioned.
LV N under my hand and official seal this day of .2005.
200505050045
Page: 2 of 3
I:\DOCS\P\20766\026-05\deedrestrict.doc NORMAN L OLSON DEED 1.00 Kits5/2005 12:03P
p Co, WA
200505190055
Page LO of 3
14F'
NORMANF aA-Wbf 202 DEED VI OO K ii-sal'i C �; 11A1c
Back to Agenda
SE[11ON LINE
„ ill+:f• .. .. _.._._—.__.._virori l•E :MR 11'
a r-
fV3?.
a Shawn Rd 5W
V; r'E u.W Road
ssw :s. >r
1 I �n14
rw---^-116W--4 -
Yea 1 3s r,Trlre �►�' ssvrlrr � `"a g�� I Nd S V1
I ply �% iMl ���� IOI.YI'-a-• l 'o `3 �i t:
- N m O
V rsnl'C " I ',flMtl l'8 " Nn.-!
�, LiGr , I IhV Igor I
b I 19'-4 1 ! AIM I ^ I ! f9
�
—�—•-•�•-•� ll l��•A'LHoIReWMt'R�
—•••• , �_i__ pWldln a¢a it -i i M I= 0.0
ir7m'"'- In•r user I z.
F 3 srs 1'w+vY:Y it I p p, li
B¢
7 Z N eJ Vivian Court
m
A r/1
---�-1W2ar SIror1N IN I I i� I G fT�9 Vl
E— a
o
v .�C-.
! � 19I R
f
4n i I I I I
9¢
`__ NoOY ziolr
Ldmsden Rvad f� o
O
W O ro
tin A
7
OQ
�Wu
rr 4�n
W
W w
W
200505190055
Page 3 of 3
05r'19,'2005 1� 14P
NORMAN L ALSOH DEED r,1.LHi Ki►.;.,p Co, ldA
Page 60 of 202
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Consent Agenda 4E
Subject: Adoption of a Resolution Approving a
Decrease from State Approved
Maximum Speed Limits on City Streets
Back to Agenda
Meeting Date: July 11, 2023
Prepared by: Tony Lang
Atty Routing No:
Atty Review Date:
PW Director
366922-0009
July 6, 2023
Summary: The State of Washington establishes the maximum speed limits for city and town streets, county
roads, and state highways to ensure uniformity statewide. See RCW 46.61.400. The procedures to alter speed
limits, in conformance with state law, were adopted by the City at Ordinance No. 1479. Consistent with that
ordinance, the City Council adopted Resolution No. 047-23, which altered the maximum speed limit on some
City streets.
By this Resolution, the City Council would repeal and replace the previous resolution modifying the maximum
speed limit on some city streets and intersections.
Recommendation: Staff recommends that the City Council adopt a Resolution, repealing the previous
legislation and establishing modified speed limits on some city streets and intersections.
Relationship to Comprehensive Plan: Chapter 8 - Transportation
Motion for Consideration: I move to adopt a Resolution repealing Resolution 047-23 and establishing
modified speed limits on some city streets and intersections.
Fiscal Impact: N/A.
Alternatives: Do not approve and provide alternative guidance.
Attachments: Resolution
Page 61 of 202
Back to Agenda
RESOLUTION NO.
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, REPEALING
AND REPLACING RESOLUTION NO. 047-23, ESTABLISHING INCREASES AND/OR
DECREASES OF SPEED LIMITS ON CITY STREETS AND INTERSECTIONS.
WHEREAS, RCW 46.61.415, as adopted by the City of Port Orchard at Ordinance No.
1479, sets forth the procedure for a municipality such as the City to alter the maximum speed
permitted by state law on city arterials, streets, and other rights -of -way; and
WHEREAS, pursuant to RCW 46.61.415(1), a city may raise or lower the maximum speed
limit on city streets based on an engineering and traffic investigation, within certain established
limits; and
WHEREAS, pursuant to Ordinance No. 1479, the raising or lowering of the maximum
posted speed limit shall be adopted by Council Resolution; and
WHEREAS, the default speed limit established in RCW 46.61.400 for city streets is 25
MPH; and
WHEREAS, over time, the City acquires streets through new development where the
engineer -approved speed limit is over or under the default speed limit of 25 MPH; and
WHEREAS, the modifications to the default speed limit set forth herein are supported
by engineering, traffic investigations, and approved development plans on file with the City's
Public Works Department and/or Department of Community Development; and
WHEREAS, the City Council of the City of Port Orchard finds that it is necessary and
appropriate to alter the vehicular speeds permitted by state law on certain designated streets
in the city by resolution and the posting of appropriate signs; 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. 047-23 is hereby repealed.
THAT: The City Council authorizes the alteration of the maximum speed permitted by
state law on City streets or intersections as follows:
Page 62 of 202
Back to Agenda
Resolution No.
Page 2 of 5
Section 1. DECREASE OF SPEED LIMIT. When signs are erected by the City
Engineer giving notice thereof, the speed permitted by state law within those streets
and intersections described in this section should be decreased during the times
specified:
(A) Addison Road SW, twenty miles per hour at all times;
(B) SW Alava Court, twenty miles per hour at all times;
(C) SW Bigler Way, twenty miles per hour at all times;
(D) SW Blackburn Lane, twenty miles per hour at all times;
(E) SW Cardiff Street, twenty miles per hour at all times;
(F) Dunmore Lane SW, twenty miles per hour at all times;
(G) SW Fielder Place, twenty miles per hour at all times;
(H) Great Glen Road SW, twenty miles per hour at all times;
(1) Kinross Road SW, twenty miles per hour at all times;
0) Ladd Court SW, twenty miles per hour at all times;
(K) Marymere Road SW, twenty miles per hour at all times;
(L) SW Pendleton Way, twenty miles per hour at all times;
(M) SW Perth Place, twenty miles per hour at all times;
(N) Rebel Road SW, twenty miles per hour at all times;
(0) SW Sedge Street, twenty miles per hour at all times;
(P) SW Sunnyside Street, twenty miles per hour at all times;
(Q) SW Sylvia Court, twenty miles per hour at all times;
(R) Thornhill Ave SW, twenty miles per hour at all times;
(S) Waverly Road SE, twenty miles per hour at all times;
Page 63 of 202
Back to Agenda
Resolution No.
Page 3 of 5
(T) Dwight Street from Seattle Avenue to Harrison Avenue, twenty miles per
hour at all times;
(U) DeKalb Street from Seattle Avenue to Harrison Avenue, twenty miles per
hour at all times;
(V) Pottery Avenue from State Highway 16 to a point 300 feet north of the
intersection of Lippert Drive, twenty miles per hour, when the beacon is
flashing;
(W) Lippert Drive/West Lippert Drive from a point 300 feet west of Pottery
Avenue to a point 300 feet east of Pottery Avenue, twenty miles per hour
at all times;
(X) Mitchell Avenue from a point 300 feet south of Wolves Ln Pvt. to a point
300 feet north of DeKalb Street, twenty miles per hour, when the beacon
is flashing;
(Y) Sidney Road SW from a point 300 feet north of SW Birch Road to a point
80 feet south of Glenwood Road, twenty miles per hour, when the
beacon is flashing;
(Z) Lawrence Street from Tracy Avenue N to Perry Avenue N, twenty miles
per hour at all times;
(AA) Perry Avenue N from Guy Wetzel Street to Lawrence Street, twenty miles
per hour at all times;
(BB) Sprague Street, entire length, twenty miles per hour at all times;
(CC) Alleys and other narrow roads not otherwise listed, entire length, ten
miles per hour at all times.
Section 2. INCREASE OF SPEED LIMIT. When signs are erected by the City
Engineer giving notice thereof, the speed permitted by state law within those streets
and intersections described in this section should be increased during the times
specified:
(A) Tremont Street, entire length, thirty-five miles per hour at all times;
(B) Sidney Avenue from Tremont Street to primary State Highway 16, thirty
miles per hour at all times;
Page 64 of 202
Back to Agenda
Resolution No.
Page 4 of 5
(C) Port Orchard Boulevard, on all that portion five hundred feet from its
intersection with primary State Highway 166 to its intersection with
Tremont Street, thirty-five miles per hour at all times;
(D) On Bay Street (State Highway 166), beginning at the west city limits,
easterly to a point 1.4 miles east of the west city limits, fifty miles per
hour at all times;
(E) On Bay Street (State Highway 166), beginning at a point 1.4 miles east of
the west city limits, to a point 0.29 miles west of the intersection of West
Avenue and Bay Street (State Highway 166), thirty-five miles per hour at
all times;
(F) Old Clifton Road, entire length, thirty-five miles per hour at all times;
(G) On Mile Hill Drive (State Highway 166), beginning at the east city limits,
westerly to the intersection of Bethel Avenue, thirty-five miles per hour
at all times;
(H) Bethel Avenue/Road, beginning at the south city limits to a point 600 feet
south of the intersection of Bay Street (State Highway 166), thirty-five
miles per hour at all times;
(1) Olney Avenue, from the Beach Drive E to its intersection with Mile Hill
Drive (State Highway 166), thirty miles per hour at all times;
(J) Sidney Road SW from SW Sedgwick Rd to the south city limits, thirty
miles per hour at all times;
(K) SW Sedgwick Road from the east city limit to Sidney Road SW, thirty-five
miles per hour at all times;
(L) SW Sedgwick Road from Sidney Road SW to Glenwood Road SW, thirty-
five miles per hour at all times;
(M) Glenwood Road SW from the west city limit to SW Sedgwick Road, thirty-
five miles per hour at all times;
(N) SE Salmonberry Road from Bethel Road SE to east city limit, thirty miles
per hour at all times;
(0) Lund Avenue, entire length, thirty-five miles per hour at all times;
Page 65 of 202
Back to Agenda
Resolution No.
Page 5 of 5
(P) Anderson Hill Road SW from SW Old Clifton Road to north city limit,
thirty-five miles per hour at all times;
(Q) Feigley Road SW from SW Old Clifton Road to north city limit, thirty miles
per hour at all times;
(R) Mitchell Road SE from Bethel Road SE to Melcher Street, thirty miles per
hour at all times; and
(S) McCormick Woods Drive SW from Glenwood Road SW to SW Dunraven
Place, thirty miles per hour at all times.
THAT: EFFECTIVE DATE. Pursuant to RCW 46.61.415(5), the altered speed limits set
forth in this Resolution shall take effect when appropriate signs giving notice
thereof are erected.
THAT: SAVINGS CLAUSE. The Resolutions which are repealed by this Resolution shall
remain in force and effect as set out prior to this Resolution until the effective date
of this Resolution. 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.
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 11t" day of July 2023.
ATTEST:
Brandy Wallace, MMC, City Clerk
Robert Putaansuu, Mayor
Page 66 of 202
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 4F
Subject: Adoption of a Resolution Declaring Certain
Personal Propertv as Surplus and
Authoriziniz its Disposition Thereof
Back to Agenda
Meeting Date: July 11, 2023
Prepared by: Brandy Wallace, MMC
Atty Routing No.
Atty Review Date
City Clerk
N/A
N/A
Summary: Assets of the City that are no longer useable, are no longer of value to the City, or are surplus to
City needs, may be removed from City ownership, sold, or in any other way disposed with a declaration of
surplus by the City Council.
Staff is asking the Council to surplus a Kubota Riding Mower F2560 belonging to the General Fund. The item
has reached the useful life for the department but is still in working condition. The Finance department has
estimated the current value of the property to be $500. As this item was not acquired for public utility
purposes, a public hearing is not required, pursuant to RCW 35.94.040(2).
Although the City's internal asset value of the item has been determined to be of low value, any monies
from the sale of surplus property will be deposited into the Fund(s) which owned the item. When disposal is
to the general public through direct sale, sealed bid or auction, final determination of value shall be the
highest responsible bid or offer. The City may transfer a surplus asset to another public agency upon written
request and a determination that it is in the public interest. Staff will dispose the item in a manner that
reflects the best interest of the City.
Recommendation: Staff is recommending adoption of a resolution declaring personal property as surplus
and allowing for its disposition.
Relationship to Comprehensive Plan: N/A
Motion for consideration: I move to adopt a resolution declaring personal property, Kubota Riding Mower
F2560 belonging to the General Fund, as surplus and authorizing its disposition.
Fiscal Impact: Money received from the disposition of surplus item will be deposited into the Fund of
ownership.
Alternatives: Do not adopt.
Attachments: Resolution
Page 67 of 202
Back to Agenda
RESOLUTION NO.
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, DECLARING
CERTAIN PERSONAL PROPERTY AS SURPLUS AND AUTHORIZING ITS
DISPOSITION THEREOF
WHEREAS, certain personal property owned by the General Fund of the City of Port
Orchard has become surplus to the needs of the City; and
WHEREAS, the City Council has determined that the current asset value of the item
to be $500; and
WHEREAS, the item was not acquired for public utility purposes, therefore no public
hearing is required, pursuant to RCW 35.94.040(2); and
WHEREAS, the City Council has, pursuant to the requirements of POMC 1.30.020,
considered the possible future requirements of the City, the present value of the personal
property, the likelihood of locating a buyer, possible intergovernmental cooperation, and the
general welfare of the citizens of Port Orchard in determining whether it is in the best interest
of the City to dispose of such personal property; and
WHEREAS, the City Council desires to dispose the Kubota Riding Mower F2560 belonging to
the General Fund, in the best interest of the City; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
THAT: Personal property Kubota Riding Mower F2560 belonging to the General Fund 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 11' day of July 2023.
ATTEST:
Brandy Wallace, MMC, City Clerk
Robert Putaansuu, Mayor
Page 68 of 202
Back to Agenda
rk
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Public Hearing 6A Meeting Date: July 11, 2023
Subject: Public Hearing on South Kitsap Fire and Prepared by: Charlotte Archer
Rescue Levy Ballot Measure City Attorney
Atty Routing No.: 366922-0005
Atty Review Date: N/A
Summary: At the regular meeting on June 27, 2023, the City Council requested a public hearing on a ballot measure
pending before the voters of Kitsap County for the August 1, 2023 election. Proposition No. 1 is described as follows:
Regular Property Tax Levy Lid Lift for Fire Protection & Emergency Medical
Services. The Board of Commissioners of South Kitsap Fire and Rescue
adopted Resolution No. 2023-02 proposing an increase in the fire district's
regular property tax levy. To fund fire protection and emergency medical
services for six years, this proposition authorizes restoring the previous
maximum levy rate of $1.50 per $1,000.00 of assessed valuation for collection
in 2024 and sets the limit factor for each subsequent year at 100% plus the
annual percentage change in the Consumer Price Index (see the Resolution),
or 101%, whichever is greater. The final year's levy dollar amount would be
used to compute limitations for subsequent levies.
RCW 42.17A.555 prohibits an elected official from using a public facility, including a public meeting, for the purpose
of promoting or opposing a pending ballot proposition. However, an elected council may vote to support or oppose
a ballot proposition during an open meeting so long as the vote follows a duly -noticed public hearing where
members of the public are afforded an opportunity to expression an "opposing view." RCW 42.17A.555.
The City Council would like to conduct a public hearing to hear from the public on Proposition No. 1.
Recommendation: N/A
Relationship to Comprehensive Plan: N/A
Fiscal Impact: None.
Alternatives: Not hold the hearing and provide alternative guidance.
Attachments: Resolution 2023-02 and Proposition No. 1
Page 69 of 202
Back to Agenda
South Kitsa Fire and Rescue
1974 Fircrest DR SE', Port Orchard WA; 98366 Phone: 360- 871-2411 Website: www.sklr.org
i�
RESOLUTION 2023-02 — PROVIDING FOR THE SUBMISSION OF LEVY
(Multi Year)
A resolution of the board of commissioners of South Kitsap Fire and Rescue providing
for the submission to the qualified electors of the district at the general election to be
held within the district on August 1, 2023, in conjunction with the state election to be
held on the same date, of a proposition authorizing renewal of a levy of a property tax
not to exceed $1.50 per $1,000.00 of true and assessed valuation and establishing a
six year limit factor subject to otherwise applicable statutory limitations.
WHEREAS, the Board of Commissioners ("Board") of South Kitsap Fire and Rescue ("District'
or "SKFR") has adopted a strategic plan, capital plan and mission statement to provide timely and
professional fire and emergency medical services to the community it serves; and
WHEREAS, in the judgment of the District Commissioners it is essential and necessary for the
protection of life and property that the District recruit and retain properly trained and equipped
personnel provided with appropriate equipment, vehicles, facilities, and administrative services in order
to provide fire protection, prevention, and emergency medical services to the community; and
WHEREAS, all District career Firefighters are either Emergency Medical Technicians or
Paramedics; and
WHEREAS, the District's responses have grown to approximately 12,708 emergency calls for
help each year which is an increase of 28% from 2017, with approximately 68% of those calls being
emergency medical service calls; and
WHEREAS, the District minimum staffing levels have not increased since 2013; and
WHEREAS, the recent attempt to restore the Fire Levy to $1.50 did not pass by the voters of
the District; and
WHEREAS, the District moved district staffing from Station 10 — Banner to Station 11 — Bethel
as a result of higher call volumes and unit demand for services, leaving a portion of the Olalla
community without a twenty-four staffed fire station and re -staffing it with twenty-four hour service is
not possible without additional funding; and
Page 70 of 202
Back to Agenda
WHEREAS, the District's daily staffing does not meet the National Fire Protection Agency
(NFPA) staffing standards for a predominantly career fire district; and
WHEREAS, increases in 911 emergency call responses and population have occurred during
the past several years, and are forecasted to continue into the future; and
WHEREAS, the fire levy, which was last renewed for $1.50 per $1,000 of assessed value 2017,
has fallen to $1.09 per $1,000 of assessed value; and
WHEREAS, the District has determined it will not be able to maintain its present service levels
to its citizens without re-establishing the $1.50 fire levy amount; and
WHEREAS, continued employment and future expansion of - the current workforce of
Firefighter/Emergency Medical Technicians and FirefighterlParamedics is necessary to maintain
adequate response personnel at the District's staffed fire stations, without an additional increase in
such response time, for the Advanced/Basic Life Support, and fire and rescue emergency services it
provides; and
WHEREAS, the continued employment and future expansion of the current workforce of
Firefighter/Emergency Medical Technicians and Firefighter/Paramedics is beyond the District's
financial capabilities without a successful public vote to renew the levy lid lift; and,
WHEREAS, the expansion of the current workforce is necessary to improve 9-1-1 response
times that are increasing due to inadequate staffing and increased call volume; and
WHEREAS, the Board of Commissioners has determined that the accelerated demands for, and
increasing costs of, providing services will necessitate the expenditure of revenues for improved capital
facilities, additional staffing, apparatus maintenance and operations in excess of those which can be
provided by the District's regular tax revenue; and
WHEREAS, the Board of Commissioners has determined that the continued application of the
one percent limit factor established by RCW 84,55.010 will not be sufficient to provide for the expected
cost increases required to maintain and increase the level of services currently provided by the District;
and
WHEREAS, the funds generated by this levy will not supplant existing funds used for the
delivery of fire and emergency medical services in the South Kitsap community; and
WHEREAS, the Board of Commissioners has determined that it is in the best interest of the
District that the maximum allowable levy in the sixth year of the levy authorized by this Resolution
serve as the levy base for purposes of applying the limit factor established by RCW 84.55.010 in
subsequent years.
Page 71 of 202
Back to Agenda
NOW, THEREFORE IT IS HEREBY RESOLVED AS FOLLOWS.,
Section 1. In order to maintain and increase the level of fire protection, prevention,
emergency medical services and the protection of life and property in the District, it is necessary for
the District to operate and maintain emergency fire and medical service vehicles, to acquire and
improve station and other capital facilities and to acquire and retain properly trained personnel
equipped with proper firefighting and emergency medical equipment.
Section 2. In order to provide the revenue adequate to pay the costs of maintaining and
providing the services described in Section 1 and to assure the continuation and improvement of
such services the District shall, in accordance with RCW 84.55.050, remove the limitation on regular
property taxes imposed by RCW 84.55.010 and levy beginning in 2023 and collect beginning in
2024, pursuant to RCW 52.16.130 and RCW 52.16.140 general tax on taxable property within the
District at a rate of $1.50 per $1,000.00 of assessed valuation. The District has previously levied at
the $1.09 per $1,000.00 rate.
Section 3. In order to provide the revenue adequate to pay the costs of maintaining and
providing the services described in Section 1 and to maintain reserve funds sufficient to assure the
continuation of such services beyond 2023, the District has determined that the limit factor for each
of the following five years shall be 100% of the first-half to first-half Consumer Price Index for Urban
Wage Earners and Clerical Workers (CPI-W) for the Seattle -Tacoma -Bremerton metropolitan area
but shall be no lower than or the amount authorized under RCW 84.55.0101. Such percentage shall
be used to determine the actual levy rate, subject to a limit of $1.50 per $1,000.00 of assessed
valuation, in 2024-2029. The funds raised under this levy shall not supplant existing funds used for
the purposes described in Section 1.
Section 4. The dollar amount levied in 2028 for collection in 2029 shall serve as the District's
tax levy base for purposes of applying the limit factor established by RCW 84,55.010 in subsequent
years.
Section 5. the District's attorney is authorized to make such minor adjustments to the
wording of such proposition as deemed appropriate or as may be recommended by the Kitsap
County Prosecuting Attorney's Office or the Kitsap County Auditor and its Supervisor of Elections,
as long as the intent of the proposition remains clear and as approved by the Board of
Commissioners.
Section 6. There shall be submitted to the qualified electors of the District for their ratification
or rejection, at the general election on August 1, 2023, in conjunction with the state election to be
held on the same date the question of whether or not the regular property tax levy of the District
should be established at $1.50 per $1,000.00 of true and assessed valuation in 2023
Page 72 of 202
Back to Agenda
and be adjusted by the amount authorized under RCW 84.55.0101 or 100% of the first-half to first-
half Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) for the Seattle -
Tacoma -Bellevue metropolitan area, whichever is greater, for each of the following five years,
subject to a limit of $1.50 and otherwise applicable statutory limitations. The Board of
Commissioners hereby requests the auditor of Kitsap County, as ex-offcio Supervisor of Elections,
to call such election, and to submit the following proposition at such election, in the form of a ballot
title substantially as follows:
South Kitsap Fire and Rescue
Proposition No. 1
Regular Property Tax Levy Lid Lift for Fire Protection & Emergency Medical Services
The Board of Commissioners of South Kitsap Fire and Rescue adopted Resolution No. 2023-02
concerning an increase to restore the regular property tax levy rate.
If approved, Proposition No. 1 would fund fire protection and emergency medical services by
restoring the previously voter approved levy to the rate of $1.50 per $1,000.00 of assessed valuation
for collection in 2024 and establishes the limit factor for the following 5 years at 100% plus the
annual percentage change in the Consumer Price Index (as described in the Resolution), or 1%,
whichever is greater. The final year's levy dollar amount would be used to compute limitations for
subsequent levies.
Should this proposition be approved?
Approved
Rejected
Page 73 of 202
Back to Agenda
This resolution was adopted at a regularly scheduled meeting of the Board of Fire
Commissioners of South Kitsap Fire and Rescue on April 27, 2023.
SOUTH KITSAP FIRE AND RESCUE
r
by: Chairman Dust
by: Commissioner Paul Golnik
by: C
Atte
ner
by:Pommissioner
er Gerald Preuss
Michael Eslava
Kenneth Bagwell
Page 74 of 202
Back to Agenda
Appendix A
South Kitsap Fire and Rescue
Proposition No. 1
Regular Property Tax Levy Lid Lift for Fire Protection & Emergency Medical Services
The Board of Commissioners of South Kitsap Fire and Rescue adopted Resolution No. 2023-02
concerning an increase to restore the regular property tax levy rate.
If approved, Proposition No. 1 would fund fire protection and emergency medical services by
restoring the previously voter approved levy to the rate of $1.50 per $1,000.00 of assessed valuation
for collection in 2024 and establishes the limit factor for the following 5 years at 100% plus the
annual percentage change in the Consumer Price Index (as described in the Resolution), or 1 %,
whichever is greater. The final year's levy dollar amount would be used to compute limitations for
subsequent levies.
Should this proposition be approved?
Approved
Rejected
Page 75 of 202
Back to Agenda
rk
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 7A
Subject: South Kitsap Fire and Rescue Levy Ballot
Measure
Meeting Date:
July 11, 2023
Prepared by:
Charlotte Archer
City Attorney
Atty Routing No.:
366922-0005
Atty Review Date:
N/A
Summary: At the regular meeting on June 27, 2023, the City Council requested a public hearing on a ballot
measure pending before the voters of Kitsap County for the August 1, 2023 election. Proposition No. 1 is
described as follows:
Regular Property Tax Levy Lid Lift for Fire Protection & Emergency
Medical Services. The Board of Commissioners of South Kitsap Fire and
Rescue adopted Resolution No. 2023-02 proposing an increase in the
fire district's regular property tax levy. To fund fire protection and
emergency medical services for six years, this proposition authorizes
restoring the previous maximum levy rate of $1.50 per $1,000.00 of
assessed valuation for collection in 2024 and sets the limit factor for
each subsequent year at 100% plus the annual percentage change in the
Consumer Price Index (see the Resolution), or 101%, whichever is
greater. The final year's levy dollar amount would be used to compute
limitations for subsequent levies.
RCW 42.17A.555 prohibits an elected official from using a public facility, including a public meeting, for
the purpose of promoting or opposing a pending ballot proposition. However, an elected council may vote
to support or oppose a ballot proposition during an open meeting so long as the vote follows a duly -noticed
public hearing where members of the public are afforded an opportunity to expression an "opposing
view." RCW 42.17A.555.
Earlier in this meeting, the City Council conducted a public hearing to hear from the public on Proposition
No. 1. Pursuant to RCW 42.17A.555, following the public hearing the City Council may discuss the
Proposition and may elect to take a vote in support or opposition to Proposition No. 1. Alternatively, the
Council may direct the City Attorney to prepare a Resolution of support or opposition of Proposition No.
1 for the next Council meeting.
Recommendation: N/A
Relationship to Comprehensive Plan: N/A
Page 76 of 202
Back to Agenda
Business Item 7A
Page 2 of 2
Motion for consideration: I move to express the City Council's support/opposition on Proposition No.
1, a Regular Property Tax Levy Lid Lift for Fire Protection & Emergency Medical Services.
Fiscal Impact: None.
Alternatives: Not take action.
Attachments: Resolution 2023-02 and Proposition No. 1
Page 77 of 202
Back to Agenda
South Kitsa Fire and Rescue
1974 Fircrest DR SE', Port Orchard WA; 98366 Phone: 360- 871-2411 Website: www.sklr.org
i�
RESOLUTION 2023-02 — PROVIDING FOR THE SUBMISSION OF LEVY
(Multi Year)
A resolution of the board of commissioners of South Kitsap Fire and Rescue providing
for the submission to the qualified electors of the district at the general election to be
held within the district on August 1, 2023, in conjunction with the state election to be
held on the same date, of a proposition authorizing renewal of a levy of a property tax
not to exceed $1.50 per $1,000.00 of true and assessed valuation and establishing a
six year limit factor subject to otherwise applicable statutory limitations.
WHEREAS, the Board of Commissioners ("Board") of South Kitsap Fire and Rescue ("District'
or "SKFR") has adopted a strategic plan, capital plan and mission statement to provide timely and
professional fire and emergency medical services to the community it serves; and
WHEREAS, in the judgment of the District Commissioners it is essential and necessary for the
protection of life and property that the District recruit and retain properly trained and equipped
personnel provided with appropriate equipment, vehicles, facilities, and administrative services in order
to provide fire protection, prevention, and emergency medical services to the community; and
WHEREAS, all District career Firefighters are either Emergency Medical Technicians or
Paramedics; and
WHEREAS, the District's responses have grown to approximately 12,708 emergency calls for
help each year which is an increase of 28% from 2017, with approximately 68% of those calls being
emergency medical service calls; and
WHEREAS, the District minimum staffing levels have not increased since 2013; and
WHEREAS, the recent attempt to restore the Fire Levy to $1.50 did not pass by the voters of
the District; and
WHEREAS, the District moved district staffing from Station 10 — Banner to Station 11 — Bethel
as a result of higher call volumes and unit demand for services, leaving a portion of the Olalla
community without a twenty-four staffed fire station and re -staffing it with twenty-four hour service is
not possible without additional funding; and
Page 78 of 202
Back to Agenda
WHEREAS, the District's daily staffing does not meet the National Fire Protection Agency
(NFPA) staffing standards for a predominantly career fire district; and
WHEREAS, increases in 911 emergency call responses and population have occurred during
the past several years, and are forecasted to continue into the future; and
WHEREAS, the fire levy, which was last renewed for $1.50 per $1,000 of assessed value 2017,
has fallen to $1.09 per $1,000 of assessed value; and
WHEREAS, the District has determined it will not be able to maintain its present service levels
to its citizens without re-establishing the $1.50 fire levy amount; and
WHEREAS, continued employment and future expansion of - the current workforce of
Firefighter/Emergency Medical Technicians and FirefighterlParamedics is necessary to maintain
adequate response personnel at the District's staffed fire stations, without an additional increase in
such response time, for the Advanced/Basic Life Support, and fire and rescue emergency services it
provides; and
WHEREAS, the continued employment and future expansion of the current workforce of
Firefighter/Emergency Medical Technicians and Firefighter/Paramedics is beyond the District's
financial capabilities without a successful public vote to renew the levy lid lift; and,
WHEREAS, the expansion of the current workforce is necessary to improve 9-1-1 response
times that are increasing due to inadequate staffing and increased call volume; and
WHEREAS, the Board of Commissioners has determined that the accelerated demands for, and
increasing costs of, providing services will necessitate the expenditure of revenues for improved capital
facilities, additional staffing, apparatus maintenance and operations in excess of those which can be
provided by the District's regular tax revenue; and
WHEREAS, the Board of Commissioners has determined that the continued application of the
one percent limit factor established by RCW 84,55.010 will not be sufficient to provide for the expected
cost increases required to maintain and increase the level of services currently provided by the District;
and
WHEREAS, the funds generated by this levy will not supplant existing funds used for the
delivery of fire and emergency medical services in the South Kitsap community; and
WHEREAS, the Board of Commissioners has determined that it is in the best interest of the
District that the maximum allowable levy in the sixth year of the levy authorized by this Resolution
serve as the levy base for purposes of applying the limit factor established by RCW 84.55.010 in
subsequent years.
Page 79 of 202
Back to Agenda
NOW, THEREFORE IT IS HEREBY RESOLVED AS FOLLOWS.,
Section 1. In order to maintain and increase the level of fire protection, prevention,
emergency medical services and the protection of life and property in the District, it is necessary for
the District to operate and maintain emergency fire and medical service vehicles, to acquire and
improve station and other capital facilities and to acquire and retain properly trained personnel
equipped with proper firefighting and emergency medical equipment.
Section 2. In order to provide the revenue adequate to pay the costs of maintaining and
providing the services described in Section 1 and to assure the continuation and improvement of
such services the District shall, in accordance with RCW 84.55.050, remove the limitation on regular
property taxes imposed by RCW 84.55.010 and levy beginning in 2023 and collect beginning in
2024, pursuant to RCW 52.16.130 and RCW 52.16.140 general tax on taxable property within the
District at a rate of $1.50 per $1,000.00 of assessed valuation. The District has previously levied at
the $1.09 per $1,000.00 rate.
Section 3. In order to provide the revenue adequate to pay the costs of maintaining and
providing the services described in Section 1 and to maintain reserve funds sufficient to assure the
continuation of such services beyond 2023, the District has determined that the limit factor for each
of the following five years shall be 100% of the first-half to first-half Consumer Price Index for Urban
Wage Earners and Clerical Workers (CPI-W) for the Seattle -Tacoma -Bremerton metropolitan area
but shall be no lower than or the amount authorized under RCW 84.55.0101. Such percentage shall
be used to determine the actual levy rate, subject to a limit of $1.50 per $1,000.00 of assessed
valuation, in 2024-2029. The funds raised under this levy shall not supplant existing funds used for
the purposes described in Section 1.
Section 4. The dollar amount levied in 2028 for collection in 2029 shall serve as the District's
tax levy base for purposes of applying the limit factor established by RCW 84,55.010 in subsequent
years.
Section 5. the District's attorney is authorized to make such minor adjustments to the
wording of such proposition as deemed appropriate or as may be recommended by the Kitsap
County Prosecuting Attorney's Office or the Kitsap County Auditor and its Supervisor of Elections,
as long as the intent of the proposition remains clear and as approved by the Board of
Commissioners.
Section 6. There shall be submitted to the qualified electors of the District for their ratification
or rejection, at the general election on August 1, 2023, in conjunction with the state election to be
held on the same date the question of whether or not the regular property tax levy of the District
should be established at $1.50 per $1,000.00 of true and assessed valuation in 2023
Page 80 of 202
Back to Agenda
and be adjusted by the amount authorized under RCW 84.55.0101 or 100% of the first-half to first-
half Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) for the Seattle -
Tacoma -Bellevue metropolitan area, whichever is greater, for each of the following five years,
subject to a limit of $1.50 and otherwise applicable statutory limitations. The Board of
Commissioners hereby requests the auditor of Kitsap County, as ex-offcio Supervisor of Elections,
to call such election, and to submit the following proposition at such election, in the form of a ballot
title substantially as follows:
South Kitsap Fire and Rescue
Proposition No. 1
Regular Property Tax Levy Lid Lift for Fire Protection & Emergency Medical Services
The Board of Commissioners of South Kitsap Fire and Rescue adopted Resolution No. 2023-02
concerning an increase to restore the regular property tax levy rate.
If approved, Proposition No. 1 would fund fire protection and emergency medical services by
restoring the previously voter approved levy to the rate of $1.50 per $1,000.00 of assessed valuation
for collection in 2024 and establishes the limit factor for the following 5 years at 100% plus the
annual percentage change in the Consumer Price Index (as described in the Resolution), or 1%,
whichever is greater. The final year's levy dollar amount would be used to compute limitations for
subsequent levies.
Should this proposition be approved?
Approved
Rejected
Page 81 of 202
Back to Agenda
This resolution was adopted at a regularly scheduled meeting of the Board of Fire
Commissioners of South Kitsap Fire and Rescue on April 27, 2023.
SOUTH KITSAP FIRE AND RESCUE
r
by: Chairman Dust
by: Commissioner Paul Golnik
by: C
Atte
ner
by:Pommissioner
er Gerald Preuss
Michael Eslava
Kenneth Bagwell
Page 82 of 202
Back to Agenda
Appendix A
South Kitsap Fire and Rescue
Proposition No. 1
Regular Property Tax Levy Lid Lift for Fire Protection & Emergency Medical Services
The Board of Commissioners of South Kitsap Fire and Rescue adopted Resolution No. 2023-02
concerning an increase to restore the regular property tax levy rate.
If approved, Proposition No. 1 would fund fire protection and emergency medical services by
restoring the previously voter approved levy to the rate of $1.50 per $1,000.00 of assessed valuation
for collection in 2024 and establishes the limit factor for the following 5 years at 100% plus the
annual percentage change in the Consumer Price Index (as described in the Resolution), or 1 %,
whichever is greater. The final year's levy dollar amount would be used to compute limitations for
subsequent levies.
Should this proposition be approved?
Approved
Rejected
Page 83 of 202
Back to Agenda
rk
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Resort
Agenda Item No.: Business Item 7B
Meeting Date:
July 11, 2023
Subject: Adoption of an Ordinance Adopting New
Prepared by:
Tony Lang
Port Orchard Municipal Code Chapters
PW Director
13.05 (Fats, Oil and Grease) and 13.07
Atty Routing No.:
366922-0009
(Cross Connection Control)
Atty Review Date:
June 22, 2023
Summary: The City of Port Orchard seeks to enhance the tools available for the protection of the public
water and sewerage systems from contamination via cross -connections and the negative impacts of facts,
oil, and grease. This Ordinance proposes new chapters to Title 13, Public Utilities, for Cross Connection
Control (new Chapter 13.07) and Fats, Oil and Grease (new Chapter 13.05) to provide expanded, updated
regulations in this arena.
In conformance with Washington State Department of Health regulations, the City currently monitors and
regulates all actual or potential physical connection between the public water system or a customer's
water system and any source of non -potable liquid, solid, or gas that could contaminate the potable water
supply by backflow. However, the City desires to expand those regulations to match industry standard and
to ensure necessary cross -connection controls are in place to protect the water system. Similarly, large
quantities of fats, oil and grease that are discharged from commercial and residential kitchens contribute
to blockages in the City's sewerage system. The resulting clogs in sewer pipes cost the City money each
year in grease removal and sewer repair costs, and result in the overall degradation of the City's sewer
infrastructure. The City desires to adopt enhanced regulations to govern the use of tools to limit the
discharge of fats, oil and grease to the City's sewerage system.
During the SEPA comment period, the City received comments on the draft Ordinance from Kitsap Public
Health that triggered minor modifications to: (1) the title of the Kitsap Public Health Officer (pg. 4); and (2)
the provisions for the cleaning of floor mats and kitchen appliances (pgs. 10 and 11).
Recommendation: Staff recommends the Council approve the Ordinance as presented.
Relationship to Comprehensive Plan: Chapter 7 - Utilities
Motion for consideration: I move to adopt an Ordinance adopting new Chapters 13.05 and 13.07,
establishing regulations for the discharge of Fats, Oil and Grease and Cross Connection Control within the
City.
Fiscal Impact: None.
Alternatives: Not approve as presented and provide alternative guidance.
Page 84 of 202
Back to Agenda
Business Item 7B
Page 2 of 2
Attachments: Ordinance Adopting Cross Connection Control and FOG
Exhibit A — POMC Chapter 13.05 — Fats, Oil and Grease (modified on June 30, 2023)
Exhibit B — POMC Chapter 13.07 — Cross Connection Controls.
Page 85 of 202
Back to Agenda
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
RELATING TO THE CITY WATER AND SEWERAGE SYSTEMS; ADOPTING
PORT ORCHARD MUNICIPAL CODE CHAPTER 13.05, CONTROL OF FATS,
OILS AND GREASE; AND ADOPTING PORT ORCHARD MUNICIPAL CODE
CHAPTER 13.07, CROSS CONNECTION CONTROL; PROVIDING FOR
SEVERABILITY AND PUBLICATION, AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, the City of Port Orchard operates water and sanitary sewerage systems and
has adopted regulations for the operation and use of these utilities, codified at Title 13 of the
Port Orchard Municipal Code (POMC); and
WHEREAS, the City desires to enhance existing regulations and requirements for the
control of the discharge of fats, oils and grease to the City's sewerage system, as quantities of
fats, oil and grease that are discharged from commercial and residential kitchens can contribute
to blockages in the City's sewerage system, with the resulting clogs in sewer pipes cost the City
money each year in grease removal and sewer repair costs, and result in the overall degradation
of the City's sewer infrastructure; and
WHEREAS, the City also desires to enhance existing regulations and requirements for the
protection of the public water systems from contamination via cross -connections and backflow
incidents; and
WHEREAS, accordingly, staff have developed a new Chapter 13.04 of the POMC, which
establishes a comprehensive pollution prevention program to keep fats, oils and grease out of
the City's sewer system, remain compliant with the City's current Clean Water Act National
Pollutant Discharge Elimination System (NPDES) permit, as well as to enhance the City's
compliance with the Clean Water Act, and reduce the potential for system back-ups in the sewer
system; and
WHEREAS, similarly, staff have developed a new Chapter 13.07 POMC to provide for the
permanent abatement or control of cross -connections to the potable water systems of the city
of Port Orchard; and
WHEREAS, this Ordinance is enacted as an exercise of the police power authority of the
City of Port Orchard to protect and preserve the public health and welfare; and
WHEREAS, the City sent notice of the proposed code amendments to the Washington
State Department of Commerce pursuant to RCW 36.70A.106; and
WHEREAS, on June 13, 2023, the City's SEPA official issued a determination of non -
significance for the proposed code amendments and there have been no appeals; and
Page 86 of 202
Back to Agenda
Ordinance No.
Page 2 of 3
WHEREAS, the City Council, after careful consideration of the proposed code language
and all public comments and testimony, finds that the proposed code language is consistent with
the City's Comprehensive Plan and development regulations, the Growth Management Act,
Chapter 36.70A RCW, and that adoption of the code language herein is in the best interests of
the residents of the City; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
to]JI [OBTIE&1
SECTION 1. Adoption. Port Orchard Municipal Code Chapter 13.05, CONTROL OF
FATS, OILS AND GREASE, is hereby adopted to read as set out in Exhibit A hereto and incorporated
herein by this reference.
SECTION 2. Adoption. Port Orchard Municipal Code Chapter 13.07, CROSS
CONNECTION CONTROL, is hereby adopted to read asset out in Exhibit B hereto and incorporated
herein by this reference.
SECTION 3. 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 4. Corrections. Upon approval of the city attorney, the city clerk and the
codifiers of this ordinance are authorized to make necessary technical corrections to this
ordinance, including, without limitation, the correction of clerical errors; references to other
local, state, or federal laws, codes, rules, or regulations; or section/subsection numbering.
SECTION S. Effective Date. This Ordinance shall take effect and be in full force and
effect five days after adoption and publication of this ordinance, as provided by 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 11t" day of July 2023.
ATTEST:
Robert Putaansuu, Mayor
SPONSOR:
Brandy Wallace, MMC, City Clerk Cindy Lucarelli, Councilmember
Page 87 of 202
Back to Agenda
Ordinance No.
APPROVED AS TO FORM:
Charlotte A. Archer, City Attorney
PUBLISHED:
EFFECTIVE DATE:
Page 3 of 3
Page 88 of 202
IBack to Agenda
Exhibit A to Ordinance No. XX
CHAPTER 13.05
CONTROL OF FATS, OILS AND GREASE
Sections:
13.05.010
Purpose.
13.05.020
Definitions.
13.05.030
Powers and Authority of the Director and Building Official.
13.05.040
Prohibitions.
13.05.050
Grease Capturing Equipment — General Requirements.
13.05.060
Grease Capturing Equipment — Installation and Maintenance.
13.05.070
Grease Capturing Equipment — Required Reporting.
13.05.080
Enforcement.
13.05.090
Penalties.
13.05.100
Indemnification.
13.05.010 Purpose.
This Chapter contains the City's requirements for the control of the discharge of fats, oils and
grease to the City's sewerage system. Large quantities of fats, oil and grease that are discharged
from commercial and residential kitchens contribute to blockages in the City's sewerage system.
The resulting clogs in sewer pipes cost the City money each year in grease removal and sewer
repair costs, and result in the overall degradation of the City's sewer infrastructure.
The City utilizes a comprehensive pollution prevention program to keep fats, oils and grease out
of the City's sewer system, and remain compliant with the City's current Clean Water Act National
Pollutant Discharge Elimination System (NPDES) permit. The City's control of fats, oils and
grease is intended to enhance its compliance with the Clean Water Act, and also reduce the
potential for system back-ups in the sewer system.
The provisions in this Chapter shall apply to all food processing establishments, food sales
establishments, and food service establishments, commercial businesses, and any other facility
("facility") that discharges fats, oil and grease to the sanitary sewer collection system and is located
within the municipal boundaries of the City of Port Orchard Sanitary Sewer Service Area.
The objectives of the program are:
1. To Provide standards for the types of grease capturing equipment that must be installed
by food service establishments to reduce fats, oils and grease discharges from local food
service establishments into the City's sewerage system;
2. To provide for the effective long-term use of grease capturing equipment through
related operational requirements and prohibitions, and periodic inspections;
Pg. 1 of 20
10701217.1 - 366922 - 0001
Page 89 of 202
= Z.T. .. IT.r.1 T;
3. To increase opportunities for recovering both food solids (which can be composted)
and waste grease (which can be recycled, and may also be able to be converted to
biofuel) from wastewater discharge conveyances;
4. To aid in preventing sanitary sewer blockages and obstructions from contributions and
accumulation of fats, oils and grease in the sanitary sewerage system;
5. To prevent the uncontrolled introduction of fats, oils and grease into the sewage system
that will interfere with its operation; and
6. To facilitate City compliance with applicable federal and state laws regarding
sewerage system operations.
13.05.020 Definitions
The definitions provided in section POMC 20.162.044 and the following definitions are applicable
to the discharge and control of fats, oils and grease shall apply to this Chapter, provided if there is
a conflict between this chapter and POMC 20.162.044 as to a defined term, the definition set out
in this chapter applies.
(1) Best Management Practices (BMPs). Operational activities, prohibitions, maintenance
procedures, and other management activities that implement the requirements of this Chapter, state
and federal law, and City rules, regulations, permits or authorizations.
(2) Director. As used in this Chapter, Director shall refer to the Director of Public Works, or
any duly authorized delegate or agent of the Director. Those portions of this chapter that invoke
the plumbing code or other building improvements are delegated to the Building Official.
(3) Facility. Any food processing establishment, food sales establishment, food service
establishment, laundry, car wash, automotive fueling, commercial garage, quick-lube stations, auto
detail, automotive and equipment repair, automotive service shop, businesses using steam or
pressure washers, or any other business that routinely discharges fats, oil or grease into the sanitary
sewer system as part of a business operation.
(4) Fats, Oils and Grease (FOG). Organic polar compounds derived from vegetable/plant or
animal/dairy sources composed of long -chain triglycerides that are used in, or are byproducts of,
the cooking or food preparation process. A wide range of food preparation activities, including but
not limited to the following, can generate fats, oils or grease: cooking by frying, baking, grilling,
sauteing, rotisserie cooking, broiling, boiling, blanching, roasting, toasting, poaching, infrared
heating, searing, barbequing, or any other food preparation activity that produces a hot food
product in or on a receptacle that requires washing.
Pg. 2 Of 20
10701217.1 - 366922 - 0001
Page 90 of 202
(5) First Certificate of Occupancy. A temporary certificate of occupancy or a Certificate of
Final Completion and Occupancy, as defined in POMC, Section 20.200, whichever is issued first.
(6) Food. Any raw, cooked, or processed edible substance, or ingredient used or intended for
use or sale in whole or in part for consumption.
(7) Food grinder. Any device in the plumbing or sewage system of the facility for the purpose
of grinding food waste or food preparation by-products for the purpose of disposing in the sewer
system.
(8) Food processing establishment. A commercial establishment in which food is
manufactured or packaged for consumption.
(9) Food sales establishment. Any retail and wholesale grocery stores, retail seafood stores,
food processing establishment, bakeries, confectioneries, fruit, nuts and vegetable stores and
places of business and similar establishments, mobile or permanent, engaged in the sale of food
primarily for consumption off premises.
(10) Food Service Establishment (FSE). A non-residential wastewater discharger that engages
in activities of preparing, serving, or otherwise making available food for consumption by the
public or on the premises, including restaurants, commercial kitchens, caterers, hotels and motels,
schools, hospitals, prisons, correctional facilities, nursing homes, care institutions, and any other
facility preparing and serving food for public consumption.
(11) Governing agency. The City of Port Orchard Sanitary Sewer Utility, which provides
sanitary sewer service to the facility.
(12) Gravity Grease Interceptor (GGI/Interceptor). A plumbing appurtenance or appliance that
is installed in a sanitary drainage system to intercept non -petroleum fats, oils and grease from a
wastewater discharge and is identified primarily by gravity separation and a minimum total volume
of 300 gallons.
(13) Grease. Rendered animal fat, vegetable shortening, and other such oily matter used for the
purposes of and resulting from preparing and/or cooking food.
(14) Grease Capturing Equipment. A plumbing appurtenance or appliance that is installed in a
sanitary drainage system to separate fats, oils and grease from a wastewater discharge. Grease
capturing equipment include gravity grease interceptors, hydromechanical grease interceptors,
grease removal devices and any other grease capturing equipment authorized by the Utilities
Compliance Specialist or the City.
(15) Grease Capturing Equipment Waste. Material collected in and from grease capturing
equipment, including any solids resulting from dewatering processes.
Pg. 3 of 20
10701217.1 - 366922 - 0001
Page 91 of 202
(16) Grease interceptor. An appurtenance or appliance that is installed in a sanitary drainage
system to intercept nonpetroleum fats, oil, and grease (FOG) from wastewater. There are two types
of grease interceptors: gravity grease interceptors and hydromechanical grease interceptors.
(17) Grease Removal Device (GRD/Automatic Grease Removal Device). Any
hydromechanical grease interceptor that automatically, mechanically removes non -petroleum fats,
oils and grease from the interceptor, the control of which are either automatic or manually initiated.
(18) Hydromechanical Grease Interceptor (HGI/Trap). A plumbing appurtenance or appliance
that is installed in a sanitary drainage system to intercept non -petroleum fats, oils and grease from
a wastewater discharge and is identified primarily by a design that incorporates hydromechanical
separation. The design incorporates air entrainment, hydromechanical separation, interior baffling,
and/or barriers in combination or separately, and one of the following:
A. External flow control, with air intake (vent), directly connected.
B. External flow control, without air intake (vent), directly connected.
C. Without external flow control, directly connected.
D. Without external flow control, indirectly connected.
Sizing criteria set forth in the current adopted plumbing code. HGIs are generally installed inside.
(19) Less -Significant Grease Discharger. A FSE that, in the process of preparing and making
food available to the public or on the premises, generates FOG that is discharged into the City's
sewerage system, and has been determined by the City to pose a less significant risk of discharging
FOG to the sewerage system.
(20) Limited Food Preparation Establishment. A FSE that engages only in reheating, hot
holding, or assembly of ready to eat food products.
(21) Non-FSE FOG Discharger (NFD). Any establishment, such as a church, synagogue,
worship hall, banquet facility, or meeting space, with a commercial -style kitchen that is used for
preparing, serving, or otherwise making available for consumption foodstuffs in or on a receptacle
that requires washing two days a week or less and that discharges to the Sanitary Sewer System.
(22) Nonpolar. Any water or waste of petroleum or mineral origin which contains more than
100 parts per million by weight of fat, oil or grease as measured using analytical procedures
established in 40 CFR Part 136.
(23) Polar. Any water or waste of animal or vegetable origin which has visible fats, oils or
grease floating on the surface or adhering to the sides of the sample containers.
Pg. 4 of 20
10701217.1 - 366922 - 0001
Page 92 of 202
" rm►1T. Mr-j C1
(24) Public Sanitary Sewer. A Sewer owned and operated by a governmental body or public
utility in which all owners of abutting properties have equal rights of access in accordance with
the provisions of this Chapter, and which conveys wastewater through the Sanitary Sewer
System.
(25) Publicly Owned Treatment Works (POTW). A treatment works which is owned by a
municipality (as defined by section 502(4) of the Clean Water Act), a state, an intermunicipal or
interstate agency, or any department, agency, or instrumentality of the federal government. This
definition includes any intercepting sewers, outfall sewers, sewage collection systems, pumping,
power, and other equipment. The wastewater treated by these facilities is generated by industrial,
commercial, and domestic sources.
(26) Remodel. Any modification to an existing facility that involves an expansion of the
kitchen area or change in kitchen plumbing or drainage fixture units, as set forth in Chapter
20.200 POMC.
(27) Rendering/disposal company. A business that possesses a Kitsap County pumper
certification.
(28) Sanitary Sewage. Domestic and commercial wastewater including flushed toile water,
water from dishwashers, clothes washing machines, and any other used water that general is
disposed of down interior drains.
(29) Sanitary Sewer System. A conveyance, or system of conveyances, that is designed to
convey domestic and commercial wastewater away from Premises through a Public Sanitary
Sewer to a collection location for treatment by a governmental body or public utility.
(30) Stormwater System. Facilities through which stormwater is collected, conveyed, or
treated, including without limitation: inlets, conveyance pipes, pumping facilities, retention and
detention basins, bio-infiltration facilities, drainage channels, or other drainage structures.
(31) Twenty -Five Percent Rule. Requirement for grease interceptor to be cleaned when 25
percent of its volume is occupied by accumulated grease and solids.
(32) Uniform Plumbing Code (UPC). Governs the requirements for the installation, alteration,
removal, replacement, repair, or construction of all plumbing, as adopted under Chapter 20.200
POMC.
(33) User. Any person who contributes, causes, or permits the contribution of wastewater into
the governing agency's sanitary sewer system.
(34) Utilities Compliance Specialist. A designee of the Director tasked with the enforcement
of this Chapter.
Pg. 5 of 20
10701217.1 - 366922 - 0001
Page 93 of 202
jack to Agenda
(35) Wastewater. Liquid and water -carried industrial wastes and sanitary sewage from
residential dwellings, commercial buildings, industrial and manufacturing facilities, institutions
or any other Premises, whether treated or untreated, which are contributed or conveyed through
the Public Sanitary Sewer.
13.05.030 Powers and Authority of the Director and Building Official.
(A) Administration. This Chapter shall be administered by the Director of Public Works or
designee.
(B) Access to Facilities. The City shall have the right and access to set up on the Food Service
Establishment's property any devices necessary for conducting wastewater sampling inspection,
compliance monitoring and/or metering operations. All Food Service Establishments shall permit
the Public Works Director or duly appointed designee, Utilities Compliance Specialist, and
Building Official, with proper identification credentials, to enter upon any and all premises at all
reasonable times for the purpose of inspection, observation, measurement, sampling and testing of
the wastewater discharge for compliance with regulations regarding the control and elimination of
Fats, Oils and Grease from the City's sanitary sewer system, including but not limited to
inspections pursuant to the Uniform Plumbing Code Sections 1009.6 and 1014.1.2. No consent,
warrant, or court order is required to enter those areas open tot eh public generally or to which no
reasonable expectation of privacy exists.
(C) Director discretion. In applying, interpreting, and enforcing this Chapter, the Director has
the authority to impose additional conditions, to waive or alter the application of any requirement
in any situation under the facts then -existing, or to alter any performance required under this
Chapter where the Director determines such departure is necessary to mitigate identified or
potentially negative impacts to the Sanitary Sewer System or public health, safety, or welfare.
This delegated authority is intended to operate concurrently with, and does not supersede or in
any way alter, the authority vested in the City's Building Official set out at POMC Chapter
20.200.
13.05.040 Prohibitions.
The following shall be prohibited for any Facility with a connection to the City's sanitary sewer
system:
(1) Disposal of Fats, Oils and Grease or any food waste containing Fats, Oils and Grease
directly into drains leading connected to the sewer system is prohibited. Disposal of waste cooking
oil into sanitary sewer and drainage pipes is prohibited. All waste cooking oils shall be collected
and stored properly in drums or tallow bin for recycling or other acceptable methods of disposal.
Pg. 6 of 20
10701217.1 - 366922 - 0001
Page 94 of 202
(2) The direct addition into the grease waste line, or grease interceptor of enzymes, bacteria,
chemicals, solvents, additives, or other agents designed to emulsify the grease compounds is
prohibited. Any attempt to modify the trap into a biological reactor by adding bacterial or microbial
agents is also prohibited.
(3) Discharges to the sanitary sewer system that include polar fats, oils and greases in amounts
that cause a visible sheen in the discharge or in the public sewer system, a build-up of grease in
any public sewer facility, or any water or waste which contains more than 100 parts per million by
weight of nonpolar fats, oils and grease at the point where the wastewater is discharged from
Grease Capturing Equipment, as measured using analytical procedures established in 40 CFR Part
136.
(4) Installation of food grinders in the plumbing systems of a new food service, food sales, or
food processing establishment is prohibited. If a food sales, food service, or food processing
establishment is sold or leased, and the new owners must apply for a business license, they shall
be required to remove the existing food grinder.
(5) Food grinders in existing Food Service Establishments shall be removed or rendered
permanently inoperative within 30 days of notification.
(6) Discharge of water closets, urinals, and other plumbing fixtures conveying human waste
to or through any type of Grease Capturing Equipment is prohibited.
(7) Discharge of wastewater with a temperature higher than 140 degrees Fahrenheit to or
through a grease interceptor.
13.05.050 Grease Capturing Equipment — Requirements.
(A) General Requirements. All Facilities, with the exception of Limited Food Preparation
Establishments, shall install, operate, maintain and service Grease Capturing Equipment and
implement specified Best Management Practices, in accordance with this Chapter, any permits,
authorizations, rules and regulations issued by the City in accordance with this Chapter and
applicable City building codes and regulations. The owner of a facility with one or more fats, oil
or grease generating activities shall be responsible for the installation of Grease Capturing
Equipment. All Grease Capturing Equipment shall be installed on the premises where fats, oil and
grease are used or generated. These facilities are required to install, operate, and maintain an
approved type and adequately sized grease interceptor necessary to maintain compliance with the
objectives of these regulations. The Grease Capturing Equipment shall be adequate to separate and
remove fats, oil and grease contained in wastewater discharges prior to the sanitary sewer system.
All Grease Capturing Equipment shall be installed in accordance with this Chapter, any permits,
Pg. 7 of 20
10701217.1 - 366922 - 0001
Page 95 of 202
authorizations, rules and regulations issued by the City, and applicable City building codes and
regulations.
Facilities shall properly store and recycle or dispose of Fats, Oils and Grease diverted from their
liquid waste streams in accordance with all laws and regulations applicable to such storage,
recycling and disposal. Facility kitchen fixtures connected to drainage pipes that lead to grease
capturing equipment or sewer laterals shall have small -mesh food strainers that are intact and
functional. Facilities shall ensure that all pots, pans, dishware and work areas are wiped prior to
washing of such utensils, equipment or areas, and shall implement any other Best Management
Practices deemed appropriate by the City.
Facility wastewater dischargers must at all times comply with the provisions of this Chapter, all
other applicable local, state and federal laws, including but not limited to, applicable provisions of
the Health Code (WAC 246-215) and Building and Plumbing Codes, and applicable rules,
regulations, permits and authorizations issued by the City.
(B) New Facilities. Newly proposed or constructed Facilities, including tenant improvements
that change the use classification to a food service establishment, food sales establishment, food
processing establishment, or a new mixed -use development with the potential to generate fats, oil,
and grease shall:
1. Be required to install, operate, and maintain an approved type and adequately sized
gravity grease interceptor to maintain compliance with the requirements as described in
this chapter, and as necessary to prevent a condition of prohibited discharge; or
2. A hydromechanical grease interceptor may be utilized instead of a gravity grease
interceptor if it is demonstrated to the satisfaction of the Director that the installation of a
gravity grease interceptor is physically impracticable. For the purposes of this
determination, "physically impracticable" shall include (a) the lack of available space on
the premises, (b) unavoidable interference from underground utilities or structures, or (c)
topographical conditions such as slope that unavoidably prevent installation of a gravity
grease interceptor.
3. A hydromechanical grease interceptor may be utilized instead of a gravity grease
interceptor if the gravity grease interceptor sizing in the currently adopted plumbing code
results in an interceptor volume (gallons) 750 gallons or less.
4. A separate gravity grease interceptor may be provided for each individual unit of a
building structure that is proposed for, or could be potentially converted in the future into,
a food service, food sales, or food processing establishment. The City may allow the
separate gravity grease interceptors to be installed at a later date, when food service, food
sales, or food processing establishments are added through tenant improvements; provided,
Pg. 8 of 20
10701217.1 - 366922 - 0001
Page 96 of 202
'Back to Agenda
that the side sewer lines leaving the building are designed to functionally accommodate the
installation of future interceptors at accessible locations.
5. One or more Facilities may comply with the requirements of this chapter by use of a
shared gravity grease interceptor; provided, however, that the food service establishment
seeking to establish compliance by means of this section shall demonstrate to the
satisfaction of the Director that (a) it has enforceable rights to utilize shared gravity grease
interceptor pursuant to an easement; declaration; covenants, conditions, and restrictions; or
similar instrument; and (b) the shared gravity grease interceptor is sized as necessary to
accommodate the discharges of all food service establishments enjoying rights to use such
interceptor; and (c) there is a mechanism providing continued maintenance of such shared
gravity grease interceptor.
6. Any food service, food sales, or food processing establishment undertaking a remodel,
as defined herein, will be reviewed, and may be considered a new facility for the purposes
of this chapter.
7. Implement best management practices to reduce the quantity of fats, oil and grease
discharged to the sanitary sewer collection system.
(C) Existing Facilities. Existing facilities shall:
1. Implement best management practices to reduce the quantity of fats, oil and grease
discharged to the sanitary sewer collection system.
2. Be permitted to operate and maintain existing grease interceptors; provided, that the
equipment is properly sized and in efficient operating condition.
3. Any Facility not meeting subsection (13)(2) of this section is required to meet the
currently adopted plumbing code if undertaking a remodel as defined in this chapter.
4. Food Service Establishments (FSEs)shall install a properly sized and functioning grease
interceptor designed to meet the grease control requirements in this chapter if the facility
is known to cause a build-up of grease in any public sewer facility, is the result of a sanitary
sewer overflow, or is otherwise causing a prohibited discharge. Installation must be
completed within 180 calendar days from notification by the City.
(D) Permits. Site and building modifications needed to install a grease interceptor are subject
to the permitting requirements of the City's construction code (POMC Title 20), and other codes
as applicable.
(E) Variance. A Food Service Establishment may file a request to the City for a variance from
the Grease Capturing or Removal Device installation requirements of this Chapter if the FSE can
demonstrate that it is not feasible for a Grease Capturing or Removal Device to be installed due to
Pg. 9 of 20
10701217.1 - 366922 - 0001
Page 97 of 202
lack of physical space. The Food Service Establishment requesting such a variance shall bear the
burden of demonstrating that the installation of a Grease Capturing or Removal Device is not
feasible. The determination as to whether a FSE qualifies for a variance for the reasons detailed in
this subsection shall be at the sole discretion of the City.
43.05.060 Grease Capturing Equipment —Installation and Maintenance.
(A) Installation Requirement — Any existing FSE or NFD without a functional Grease
Removal System shall be required to install one. The type of Grease Capturing Equipment
required will be determined by the Director, taking into account cost, available space and
gradient, whether the user is in a grease impact area, and any other pertinent information. Where
feasible, all kitchen drains and any other drains that may carry grease -laden waste shall be
connected to this Grease Capturing Equipment (except the dishwasher if a trap -style Grease
Removal System is installed.) If a trap -style Grease Removal System is installed, the kitchen
shall not have a garbage disposal/garbage grinder/macerator or similar unit installed.
(B) Operation and Maintenance.
1. Kitchen best management practices shall be implemented to minimize the discharge of
fats, oil and grease to the sanitary sewer system and prevent non-stormwater discharges
from entering the stormwater sewer system (as applicable):
a. Drain Screens. Drain screens shall be installed on all drainage pipes in food
preparation areas.
b. Licensed waste haulers or an approved recycling facility must be used to
dispose of waste cooking oil.
c. Tallow bins or used waste oil drums shall be kept clean and covered.
2. Disposal of Food Waste. All food waste shall be disposed of directly in garbage or
compost collection bins, and not sinks. Bagging food waste that has the potential to
leak in trash containers is recommended. Scrape or dry wipe pots, pans, dishware and
work areas before washing to remove grease. Wash only in a sink connected to a grease
control device.
3. Maintenance of Kitchen Exhaust Filters. Filters and other exhaust hood equipment shall
be cleaned as frequently as necessary to maintain good operating condition. The
wastewater generated from cleaning shall be disposed of properly and cleaned in sinks
connected to a grease removal device.
4. Kitchen Signage. Informational signs on waste minimization practices in the food
preparation and dishwashing areas shall be posted at all times.
Pg.10 of 20
10701217.1 - 366922 - 0001
Page 98 of 202
5. Oil and Grease Spills. Dry methods including rags and absorbents such as sawdust or
kitty litter shall be used to clean up oil and grease spills.
6. Employee Training. Training shall be conducted for all new kitchen staff and every 6
months. Training shall be documented with employee signatures retained indicating
employee attendance. Training records shall be made available for review at any
reasonable time to the governing agency. The governing agency shall provide training
materials upon request.
7. No wastewater, fluids or other substances from commercial and industrial operations
containing hazardous wastes, heavy metals, or other prohibited discharge shall enter
the sewer system per POMC 13.04.130.
8. Dry cleanup procedures shall be implemented to clean up spills. Wipe up liquids or
grease with rags or absorbents, such as kitty litter or sawdust.
9. Do not allow detergents or other emulsifying cleaning compounds to enter an Grease
Removal System as this will make the system ineffective.
(C) Gravity Grease Interceptors (GGI).
1. Each facility is solely responsible for the cost of the grease interceptor installation,
inspection, cleaning and maintenance.
2. Gravity grease interceptor sizing and installation shall conform to the requirements
contained in the current edition of the Uniform Plumbing Code (UPC) or other criteria
as determined on a case -by -case basis based on review or relevant information,
including, but not limited to grease interceptor performance, waste stream
characteristics, facility location, maintenance needs, and/or inspection needs.
Supporting sizing calculations shall be submitted to the governing agency.
3. Gravity grease interceptors shall be designed by a mechanical engineer using standard
engineering principles for sedimentation and flotation in gravity separators. The grease
interceptor shall have a minimum of 2 compartments with fittings designed for grease
retention.
4. Gravity grease interceptors shall be installed at an outdoor location where it is easily
accessible for sample collection, inspection, and cleaning and removal of retained
grease. The grease interceptor may not be installed inside a building and the location
must meet the approval of the governing agency.
5. Gravity grease interceptors shall be located in the lateral line between all fixtures which
may introduce grease into the sanitary sewer and the connection to the sanitary sewer
collection system. Such fixtures shall include but not be limited to sinks, dishwashers,
Pg. 11 of 20
10701217.1 - 366922 - 0001
Page 99 of 202
floor drains for food preparation and storage areas, mop sinks, and any other fixture
which is determined to be a potential source of grease.
6. Gravity grease interceptors must be vented.
7. Gravity grease interceptors shall be equipped with a sampling port at the outlet of the
interceptor. Inspection tees and manholes must enable the utility to monitor and test the
discharge for compliance with utility requirements or to allow monitoring and testing
in accordance with the rules and regulations of other Federal, State or local agency
having governmental or contractual jurisdiction within the utility service area.
8. Access manholes, with a minimum diameter of 24 inches, shall be provided over each
chamber and sanitary tee. The access manholes shall extend at least to finished grade
and be designed to prevent water inflow or infiltration. The manholes shall also have
readily removable covers to facilitate inspection, cleaning and removal of retained
grease and sample collection. Riser maximum shall not exceed 16 inches in the City of
Port Orchard.
9. Sanitary wastes shall not be introduced into the gravity grease interceptor.
(D) Hydromechanical Grease Interceptor (HGI).
1. Each facility is solely responsible for the cost of the HGI installation, inspection,
cleaning and maintenance.
2. HGI sizing and installation shall conform to the requirements contained in the current
edition of the Uniform Plumbing Code or other criteria as determined on a case -by -
case basis based on review or relevant information, including, but not limited to grease
trap performance, waste stream characteristics, facility location, maintenance needs,
and/or inspection needs.
3. HGIs shall be designed using standard engineering principles by a licensed Washington
State mechanical engineer for sedimentation and flotation in gravity separators.
Complete plumbing plans and isometric or riser diagrams are required at time of plan
check submittal. The plans must be stamped by the mechanical engineer of record.
4. HGIs shall be installed at a location where it is easily accessible for sample collection,
inspection, and cleaning and removal of retained grease.
5. The HGI shall be equipped with a device to control the rate of flow through the unit.
The rate of flow shall not exceed the manufacturer's rated capacity recommended in
gallons per minute for the unit.
6. Sanitary wastes cannot be introduced into the HGI.
Pg. 12 Of 20
10701217.1 - 366922 - 0001
Page 100 of 202
Back to Agenda
(E) Required GGI/HGI Pumping Frequency.
I. Unless otherwise specified by the City, each interceptor (GGI/HGI) in active use shall
be cleaned as specified in the individual operational permit. At a minimum, GGIs shall
be cleaned at least once every 90 days and HGIs cleaned at least once per week. These
required frequencies may be extended with the approval of the Director. Each
GGI/HGI is reviewed on a case -by -case basis. The frequency may increase or decrease
depending upon the need to prevent carry over of grease into the Sanitary Sewer System
and the POTW. The City may specify cleaning more frequently when the current
pumping schedule is shown to be inadequate. Additional pumping may be required
during time periods where increased loading is anticipated. Any grease generator
desiring a schedule less frequent than established shall submit a request to the City
along with testing (as required by the City) and copies of the cleaning records for the
last four interceptor (GGI/HGI) cleanings, including measurements of the thickness of
the surface scum/grease layer and sediment.
2. At any time if an inspection finds the interceptor (GGI/HGI) having solids occupying
25 percent or more of the interceptor's liquid capacity, immediate steps shall be taken
by the grease generator to pump out and clean the interceptor. The inspector shall make
an evaluation of the advisability of allowing discharge to continue, and may at his or
her discretion order an immediate cessation of all discharge from the facility and notify
the health district. In any case, the certificate of occupancy may be rescinded so as to
compel more frequent pumping and cleaning of the interceptor (GGI/HGI).
3. All interceptors (GGIs/HGIs) shall be maintained by the grease generator at the grease
generator's expense. If the generator fails to comply with its cleaning schedule or is not
adhering to the requirements of this Chapter the City shall have the interceptor
(GGI/HGI) cleaned and bill the generator for all costs associated with its cleaning and
an additional fifteen percent (15%).
4. Requirement for Increased Pumping or Servicing. If the City finds that a change in
pumping or servicing of an interceptor (GGI/HGI) is necessary for an existing facility
to meet the discharge limits stated in this chapter, the City may order a change in
pumping or servicing of an interceptor (GGI/HGI). If the City orders a change in the
pumping or servicing, then the City shall inform the facility's owner of the new
schedule and their responsibility to adhere to the new schedule.
(F) Grease Capturing Equipment (GGI/GRD/HGI) Maintenance Log and Record Keeping.
1. Every Facility having a GGI, GRD, or HGI shall maintain a Fats, Oil and Grease
Interceptor maintenance log indicating each pumping or cleaning for the previous 12
months. This log shall include: date, time, capacity of Grease Capturing Equipment,
grease/solids depth (% of normal Liquid Depth), total gallons pumped (removed),
hauler and disposal site, and maintenance and repairs noted. and shall be kept in a
conspicuous location on the premises of the facility for inspection. Said log shall be
made immediately available to any authorized city inspector.
Pg. 13 of 20
10701217.1 - 366922 - 0001
Page 101 of 202
2. Every FSE shall maintain records or receipts for the recycling or solid waste removal
of food waste and Fats, Oil and Grease that is not discharged to the Grease Capturing
Equipment.
3. Every FSE shall maintain records documenting the frequency of cleaning of exhaust
system filters.
4. A copy of the information required in the maintenance log must be available to the
inspector at the time of inspection to be removed and become the city's record. The
inspection period shall run from January 1st through December 31 st of each year.
Regular inspections will occur annually or as required by the Utilities Compliance
Program. Repeat inspections for those interceptors (GGIs/HGIs) not meeting
maintenance requirements will be done approximately 30 days from initial inspection.
(G) GGI/HGI Cleaning Procedures.
1. The owner or an employee of the FSE shall supervise the interceptor (GGI/HGI)
cleaning, and shall be physically present and observe the entire cleaning operation and
sign the maintenance log as proof.
2. An FSE fats, oils and grease generator shall cause the liquid waste hauler, transporter,
or any other person cleaning or servicing an interceptor (GGI/HGI) to completely
evacuate all contents, including grease, floating materials, wastewater, and bottom
sludges and solids. Skimming the surface layer of waste material and other partial
cleaning of the interceptor (GGI/HGI) or use of any method that does not remove the
entire contents of the collection device is prohibited. Removal of the floating materials
shall be done prior to removal of other contents. After complete evacuation, the walls,
top, and bottom of the interceptor (GGI/HGI) shall then be thoroughly cleaned and the
residue removed. Upon completion of the servicing, the person responsible for
compliance with these requirements shall make an inspection of the interior of the
interceptor (GGI/HGI). If repairs are required, they shall be performed within 7 days
of notice from the City, unless an extension has been granted by approval of the
Director. The interceptor shall be refilled with water prior to being placed back into
operation. The person responsible for compliance with these requirements shall make
an appropriate entry in the FSE interceptor maintenance log, and leave a copy of the
hauler/transporter manifest with the log for the City to retrieve at the next inspection.
Food service establishments shall keep all records maintenance logs and
hauler/transporter manifests. Said manifests and maintenance logs shall be made
immediately available to any authorized City staff.
3. In addition to the maintenance required above, Grease Removal Devices shall be
maintained in accordance with the manufacturer's guidelines.
4. The Facility shall prohibit the discharge of liquid, semi -solids, or solids back into an
interceptor (GGI/HGI) during and/or after servicing. Decanting or discharging of
Pg. 14 of 20
10701217.1 - 366922 - 0001
Page 102 of 202
removed waste back into the interceptor (GGI/HGI) from which the waste was removed
or any other interceptor, for the purpose of reducing the volume to be disposed, is
prohibited.
5. Each gravity interceptor (GGI) pumped shall be fully evacuated unless the interceptor
volume is greater than the tank capacity on the vacuum truck, in which case the
transporter shall arrange for additional transportation capacity so that the interceptor is
fully evacuated within a 24-hour period following the transporter's inability to fully
evacuate the interceptor.
(H) Disposal of Interceptor (GGI/HGI) Waste. All waste removed from each interceptor
(GGI/HGI) shall be disposed of at a facility permitted and authorized to receive such waste in
accordance with all applicable federal, state, and local regulations. In no way shall the waste be
returned to any private or public portion of the publicly owned treatment works (POTW), without
prior written approval from the supervisor, nor may it be returned to any portion of the POTW not
specifically designated by the wastewater collections/treatment supervisor. Additionally, grease
removed from an interceptor (GGI/HGI) shall not be recycled so as to become a food product or
part of a food product for animal or human consumption.
(I) Vacuum Truck Cleaning Service for GGI/HGI. It shall be unlawful for a Facility to allow
grease waste to be removed from the premises by a transporter who does not have all applicable
federal, state, or local permits or registrations including a Washington State waste hauler's permit
and city business license.
(K) Grease Capturing Equipment System Additives. No user may use an additive of any type
for the interceptor without the approval of the Director. The Director will adopt procedures for
the approval of additives.
No vendor may sell, attempt to sell or otherwise distribute any additive in the City of Port Orchard
without prior approval of the additive by the Director. Any vendor selling, or attempting to sell,
or otherwise distributing any additive intended for use in an interceptor that has not been approved
for use by the Director is in violation of this ordinance and is subject to all enforcement actions
contained herein.
13.05.070 Grease Capturing Equipment — Required Reporting.
All Facilities shall, at a frequency and time determined by the City, but in no case less than once
per year, make available to the City:
(A) Copies of all hauler/transporter manifests made by liquid waste transporters servicing their
GGI/HGI during the reporting period;
(B) A copy of the gravity grease interceptor/hydromechanical grease interceptor maintenance
log; and
Pg. 15 of 20
10701217.1 - 366922 - 0001
Page 103 of 202
(C) Any other information required by the City, including analysis of the discharge to a public
sewer system of such waste as the City may require. Such analysis shall be in accordance with
requirements this Chapter.
13.05.080 Enforcement.
(A) It is unlawful for any grease generator to discharge into the POTW in any manner that is
in violation of this chapter or of any condition set forth in this chapter. Additionally, a person
commits an offense if the person causes or permits the plugging or blocking of, or otherwise
interferes with or permits the interference of, a grease interceptor (GGI/HGI), including alteration
or removal of any flow constricting devices so as to cause flow to rise above the design capacity
of the interceptor (GGI/HGI).
(B) A Facility shall be considered out of compliance if any of the following conditions exist:
1. A required grease interceptor has not been installed or required maintenance of a grease
interceptor has not been performed, resulting in a prohibited discharge, accumulation of
grease within the public sewer system, a sewer blockage, or sanitary sewer overflow.
2. Maintenance cleaning has not been accomplished when the total accumulations of fats, oil
and grease exceeding 25 percent of the overall liquid depth has not been met.
3. Failure to submit records to the governing agency or to make records available upon
request.
4. Inspection hindrance.
5. Failure to maintain on -site records of maintenance.
6. Falsification of records.
7. Discharges to the sanitary sewer system that include polar fats, oils and greases in amounts
that cause a visible sheen in the discharge or in the public sewer system, a build-up of
grease in any public sewer facility, or any water or waste which contains more than 100
parts per million by weight of nonpolar fats, oils and grease as measured using analytical
procedures established in 40 CFR Part 136.
(C) Routine compliance will be evaluated based on review of maintenance records. The owner
or operator of the facility is responsible for maintaining the required records and make them
available to the governing agency. Compliance can also be initiated by observations and reports
of potential noncompliance that comes from governing agency staff, other agencies, the public, or
other documented sources.
(D) Inspections of facilities may be conducted by the Director at any time during normal
business hours to verify compliance with this chapter. Facilities shall allow the Director access to
all parts of the premises for the purpose of inspection, records examination, measurement,
Pg. 16 of 20
10701217.1 - 366922 - 0001
Page 104 of 202
Alck to Agelft
sampling and testing, or other activities in accordance with the provisions of this chapter. The
governing agency shall have the right and access to set up on the facility property any devices
necessary for conducting wastewater sampling inspection, compliance monitoring and/or metering
operations.
(E) If an obstruction of the sanitary sewer collection system occurs that causes a sanitary sewer
backup and/or overflow and such overflow can be attributed in part or in whole to an accumulation
of fats, oil and grease in the sanitary sewer main line, the governing agency will take appropriate
enforcement actions against the generator or contributor of such fats, oil and grease. In addition,
those responsible for generating or contributing to unlawful discharge of fats, oil and grease to the
sanitary sewer system must take immediate steps to bring the grease interceptor or other grease
removal device into compliance, plus any additional actions necessary to bring the facility into
compliance with this chapter. Failure to respond to corrective measures outlined in any
enforcement notice will result in termination of water service which is owned, operated and
maintained by the governing agency.
(F) Violations of any provision of this chapter, or an order issued hereunder, are hereby
declared to be public nuisances. In addition to any other provisions of the Port Orchard Municipal
Code pertaining to abatement of public nuisances, and in addition to any other enforcement
methods authorized by an ordinance of the City or local or state law, these violations may be
subject to abatement and enforcement through any of the following methods (at the discretion of
the Director or designee):
I . Notice of Violation. Whenever the city finds that any customer has violated or is continuing
to violate any provision of this chapter, or an order issued hereunder, the city may serve
upon such customer a written notice of the violation that will include a minimum of an
additional 10 days to comply and notification that water services will be terminated on the
next business day following the specified due date. Nothing in this section shall limit the
authority of the city to take any action, including emergency actions or any other
enforcement action, without first issuing a notice of violation.
2. Compliance Orders. Whenever the city finds that a customer has violated, or continues to
violate, any provision of this chapter, or order issued hereunder, the city may issue a
compliance order to the customer responsible for the violation. This order shall direct that
the cross -connection be eliminated or protected with an approved backflow prevention
assembly and that the assembly be installed and properly operated and maintained. The
order shall specify that water services shall be discontinued and/or applicable penalties
imposed unless, following a specified time period, the directed actions are taken. A
compliance order may not extend the deadline for compliance beyond any applicable state
or federal deadlines, nor does a compliance order release the customer from liability from
any past, present, or continuing violation(s). Issuance of a compliance order shall not be a
prerequisite to taking any other action against the customer. Failure to comply with any
terms or requirements of a compliance order by a customer shall be an additional and
independent basis for termination of water services or any other enforcement action
authorized under this chapter and deemed appropriate by the city.
Pg. 17 of 20
10701217.1 - 366922 - 0001
Page 105 of 202
3. Cease and Desist Orders. The city may issue a cease and desist order upon finding a
customer has or is violating this chapter. The decision to issue a cease and desist order shall
consider the likelihood that a customer's violations could cause a severe threat to the public
water system. The order issued by the city will direct the customer to cease and desist all
such violations and to: (a) immediately cease such actions creating a cross -connection; (b)
comply with all applicable cross -connection control standards and requirements; (c) take
such appropriate action as may be needed to properly address a continuing or threatened
violation, including halting operations. Issuance of a cease and desist order shall not be a
bar against, or prerequisite for, taking any other action against the customer.
4. Injunctive Relief. When the city finds that a customer has violated (or continues to violate)
any provision of this chapter or order issued hereunder, or any other fats, oils, and/or grease
control standard or requirement, they may petition the superior court of Kitsap County
through the city attorney for the issuance of a temporary or permanent injunction, as
appropriate. Such injunction shall restrain or compel specific compliance with an order, or
other requirement imposed by this chapter on activities of the customer. The city may also
seek such other action as is appropriate for legal and/or equitable relief. A petition for
injunctive relief shall not be a bar against, or a prerequisite for, taking any other action
against a customer.
5. This section are not exclusive remedies. The city reserves the right to take any, all, or any
combination of these actions concurrently or sequentially against a noncompliant user or
to take other actions as warranted by the circumstances.
13.05.090 Penalties.
(A) Noncompliance Fines. Notwithstanding any other section of this chapter, any customer
found by the city to have violated any provision of this chapter, or orders issued hereunder, shall
be fined in an amount not to exceed $1,000 per violation. Each day on which noncompliance shall
occur or continue shall be deemed a separate and distinct violation. Such assessments will be billed
separately from the utility billing for services. Unpaid charges, fines, and penalties shall be sent to
collections. Issuance of an administrative fine shall not be a prerequisite for taking any other action
against the customer. Each day upon which a violation occurs or continues shall constitute a
separate violation. In the case of noncompliance, penalties shall accrue for each day during the
period of such noncompliance. In addition to the penalty amounts assessable above, the director
may recover reasonable attorneys' fees, court costs, and other expenses associated with
compliance and enforcement activities authorized under this chapter. This shall include recovery
of costs for sampling and monitoring, and the cost of any actual damages incurred by the city. The
city shall petition the superior court of Kitsap County to impose, assess, and recover such sums.
When recommending the amount of civil liability, the public works director shall consider all
relevant circumstances, including, but not limited to, the extent of harm caused by the violation,
the magnitude and duration, any economic benefit gained through the customer's violation,
corrective actions by the customer, the compliance history of the customer, and any other factor
as justice requires, and shall present this analysis as evidence in support of the recommended
penalty. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any
other action against a customer.
Pg. 18 of 20
10701217.1 - 366922 - 0001
Page 106 of 202
(B) Termination of Water Services. The city shall have authority to terminate water services to
any customer upon determining that such customer has: (a) refused access allowed by this chapter
thereby preventing the implementation of any purpose of this chapter; (b) violated any provision
of this chapter; or (c) violated any lawful order of the city issued with respect to this chapter. The
city will attempt to provide reasonable notice to tenants and owners prior to water service being
terminated, but if the city determines the violation of this code presents an imminent and serious
threat to the public water system, the city may immediately terminate the customer's water service,
the notice and appeal rights set forth herein notwithstanding. Service will be restored after the
customer has made arrangements to come into compliance and paid a disconnect/connect charge,
as established in POMC 13.04.050. If a customer makes arrangements for compliance and payment
after 4:30 p.m., the water will not be reconnected until the next morning. If a customer wishes to
have their water reconnected after 4:30 p.m., they will be charged after-hours rates per POMC
13.04.055.
(C) Recovery of Expenses. All expenses incurred by the city in correcting the violation shall
be billed to the property owner and/or person responsible for the violation and shall become due
and payable to the city within 10 calendar days. Such costs may include, but are not limited to, the
following:
1. "Legal expenses," which shall include, but are not limited to:
(a) Personnel costs, both direct and indirect, including attorney's fees and all costs
incurred by the city attorney's office or its designee;
(b) Actual and incidental expenses and costs incurred by the city in preparing
notices, contracts, court pleadings, and all other necessary documents; and
(c) All costs associated with retention and use of expert witnesses or consultants;
2. "Abatement expenses," which shall include, but are not limited to:
(a) Costs incurred by the city for preparation of notices, contracts, and related
documents;
(b) All costs associated with inspection of the abated property and monitoring of
said property consistent with orders of compliance issued by the city's hearing
examiner or a court of competent jurisdiction;
(c) All costs incurred by the city for hauling, storage, disposal, or removal of
vegetation, trash, debris, dangerous structures or structures unfit for occupancy,
potential vermin habitat or fire hazards, junk vehicles, obstructions to public rights -
of -way, and setback obstructions;
(d) All costs incurred by law enforcement or related enforcement agencies;
Pg. 19 of 20
10701217.1 - 366922 - 0001
Page 107 of 202
Back to AgA"
(e) All costs incurred by the city during abatement of code violations may include
interest in an amount as prescribed by law; and
(D) The city shall have a lien for any monetary penalty imposed, the cost of any abatement
proceedings under this chapter, and all other related costs including attorney and expert witness
fees, against the real property on which the monetary penalty was imposed or any of the work of
abatement was performed. The lien shall be subordinate to all previously existing special
assessment liens imposed on the same property and shall be superior to all other liens, except for
state and county taxes, with which it shall be on parity.
A Facility is liable to the City for any expense, loss, or damage occasioned by the City for reason
of appropriate cleanup and proper disposal of said waste materials.
(E) Remedies Nonexclusive. The provisions in this section are not exclusive remedies. The city
reserves the right to take any, all, or any combination of these actions concurrently or sequentially
against a noncompliant user or to take other actions as warranted by the circumstances.
13.05.100 Indemnification.
The city of Port Orchard will not be held liable for any or all water pressure loss, flow loss, head
loss, friction loss, or other costs or damages associated with the requirements of this chapter and
associated enforcement, including but not limited to interruption of service. In all cases, the
customer shall indemnify and hold harmless the city for all contamination of the customer's system
or the city's water or sewerage systems that result from a violation of this chapter within the
customer's premises. Under no circumstances shall the city's granting of an exception from the
requirements herein consistent with this chapter be construed to mean that the city assumes
responsibility or liability for any occurrence on the customer's premises. This indemnification
shall pertain to all conditions that may arise from the city's suspension of water supply, water main
breaks, or reduction of water pressure. Any customer violating any of the provisions of this
program when said violation results in damage to or impairs the city's water or sewerage system,
including, but not limited to, allowing contamination, pollution, any other substances, or non -
potable water to enter the city's water or sewerage system, shall be liable to the city for all
expenses, loss, or damages caused by such violation. Such costs may include, but are not limited
to, cleaning, purifying, repairing, or replacement work in the city's water or sewerage system
caused by the violation.
Pg. 20 of 20
10701217.1 - 366922 - 0001
Page 108 of 202
Back to Agenda
Chapter 13.07
CROSS -CONNECTION CONTROL
Sections:
13.07.010
Purpose.
13.07.020
Definitions.
13.07.030
Code authority and enforcement.
13.07.040
Policy.
13.07.050
Minimum protection.
13.07.060
Risk assessment survey.
13.07.070
New construction.
13.07.080
Existing buildings, structures and grounds.
13.07.090
Records and reports.
13.07.100
Enforcement.
13.07.110
Other remedies.
13.07.120
Indemnification.
13.07.010 Purpose.
The purpose of the city of Port Orchard cross -connection control program is to protect the public
water system from contamination via cross -connections and backflow incidents.
13.07.020 Definitions.
Except where specifically designated herein, all words used in this chapter and the cross -
connection control program shall carry their customary meanings. Words used in the present
tense include the future, and plural includes the singular. The word "shall" is always mandatory;
the word "may" denotes a use of discretion in making a decision. Any definition not found in this
section will take its meaning from the Washington Administrative Code (WAC) (Chapter 246-
290 WAC), as amended, or the most recent edition of the Manual of Cross -Connection Control
published by the Foundation for Cross -Connection Control and Hydraulic Research, University
of Southern California.
(1) "Air gap" means a physical separation between the free -flowing end of a potable water
supply pipeline and the overflow rim of an open or non -pressurized receiving vessel. To qualify
as an air gap approved by the city, the separation must be at least:
(a) Twice the diameter of the supply piping measured vertically from the overflow rim of the
receiving vessel, and in no case be less than one inch, when unaffected by vertical surfaces
(sidewalls); or
(b) Three times the diameter of the supply piping if the horizontal distance between the
supply pipe and a vertical surface (sidewall) is less than or equal to three times the diameter
of the supply pipe, or if the horizontal distance between the supply pipe and intersecting
vertical surfaces (sidewalls) is less than or equal to four times the diameter of the supply pipe
and in no case less than one and one-half inches.
10680515.2 - 366922 - 0001
Page 109 of 202
IBack to Agenda
(2) "Authorized agent" means any person who:
(a) Makes decisions regarding the operation and management of the public water system
whether or not engaged in the physical operation of the system;
(b) Makes decisions whether to improve, expand, purchase, or sell the system; or
(c) Has discretion over the finances of the system or is designated by an authorized agent as
described above.
(3) "Backflow" means the undesirable reversal of flow of water or other substances through a
cross -connection into the public water system or customer's potable water system.
(4) `Backflow assembly tester" means a person holding a valid backflow assembly tester (BAT)
certificate issued in accordance with WAC 246-292-490.
(5) "Backflow preventer" means an air gap, backflow prevention assembly, or atmospheric
vacuum breaker.
(6) `Backflow prevention assembly" means a device, combination of devices, or equipment of
make, model, and size that is approved by the city for use to prevent backflow to the city's public
water system. Backflow prevention assemblies include, but may not be limited to:
RPBA — Reduced pressure backflow
assembly;
RPDA — Reduced pressure detector
assembly;
DCVA — Double check valve assembly;
DCDA — Double check detector assembly;
PVBA — Pressure vacuum breaker
assembly;
SVBA — Spill -resistant vacuum breaker
assembly;
AVB — Atmospheric vacuum breaker.
(7) "Back -pressure" means pressure caused by a pump, elevated tank or piping, boiler, or other
means on the customer's side of the service connection that is greater than the pressure provided
by the public water system, and which may cause backflow.
(8) "Back-siphonage" means backflow due to a reduction in system pressure in the city's
distribution system and/or customer's water system.
(9) "Combination fire protection system" means a fire sprinkler system that:
(a) Is supplied only by the city's water system; and
(b) Does not have a fire department pumper connection; and
10680515.2 - 366922 - 0001
Page 110 of 202
,ack to Agenda
(c) Is constructed of approved potable water piping and materials that serve both the fire
sprinkler system and the customer's potable water system.
(10) "Contaminant" means a substance present in drinking water that may adversely affect the
health of the customer or the aesthetic qualities of the water.
(11) "Cross -connection" means any actual or potential physical connection between the public
water system or the customer's water system and any source of non -potable liquid, solid, or gas
that could contaminate the potable water supply by backflow.
(12) "Cross -connection control program" means the administrative and technical procedures the
city implements to protect the public water system from contamination via cross -connections, as
required in WAC 246-290-490.
(13) "Cross -connection control specialist (CCS)" means a person holding a valid Washington
State cross -connection control specialist certificate issued in accordance with Chapter 246-292
WAC.
(14) "Cross -connection control summary report" means the annual report required by the
Washington State Department of Health, Office of Drinking Water, that describes the status of
the city's cross -connection control program.
(15) "Customer" means any person receiving water from a public water system from either the
meter, or the point where the service line connects with the distribution system, if no meter is
present. For purposes of cross -connection control, "customer" means the owner or operator of a
water system connected to a public water system through a service connection.
(16) "Customer's water system," as stated in WAC 246-290-490, means any potable and/or
industrial water system that begins at the public water system point of delivery; that is, at the
immediate downstream side of the water meter or connection, and is located on the customer's
premises. The customer's water system includes all auxiliary sources of supply, storage,
treatment, and distribution facilities, piping, plumbing, and fixtures under the control of the
customer.
(17) "Department" means the Washington State Department of Health, Office of Drinking
Water, or health officer as identified in a joint plan of operation in accordance with WAC 246-
290-030.
(18) "Direct service connection" means a service hookup to a property that is contiguous to a
water distribution main and where additional mains or extensions are not needed to provide
service.
(19) "Distribution system" means all piping components of a public water system that serve to
convey water from transmission mains linked to source, storage and treatment facilities to the
customer, excluding individual services.
(20) "City" means the City of Port Orchard or the City of Port Orchard water utility.
(21) "Flow -through fire protection system" means a fire sprinkler system that:
10680515.2 - 366922 - 0001
Page 111 of 202
IBack to Agenda
(a) Is supplied only by the city's water; and
(b) Does not have a fire department pumper connection; and
(c) Is constructed of approved potable water piping and materials to which sprinkler heads
are attached; and
(d) Terminates at a connection to a toilet or other plumbing fixture that provides regular use
to prevent the water from becoming stagnant.
(22) "Health hazard" means any condition, device, or practice in a water supply system and/or its
operation that creates or may create a danger to the health and well-being of a customer.
(23) "Health officer" means the health officer of the Kitsap County health department, or an
authorized representative.
(24) "High health cross -connection hazard" means a cross -connection that could impair the
quality of potable water and create an actual public health hazard through poisoning or spread of
disease by sewage, industrial liquids or waste.
(25) "In -premises protection" means a method of protecting the health of customers served by
the customer's potable water system, located within the property lines of the customer's premises
by the installation of an approved air gap or backflow prevention assembly at the point of hazard,
which is generally a plumbing fixture.
(26) "Local administrative authority" means the local official, board, department, or agency
authorized to administer and enforce the provisions of the Uniform Plumbing Code as adopted
under Chapter 19.27 RCW (WAC 51-46-0603).
(27) "Low health cross -connection hazard" means a cross -connection that could cause an
impairment of the quality of potable water to a degree that does not create a hazard to the public
health but does adversely and unreasonably affect the aesthetic qualities of such potable water
for domestic use.
(28) "Potable" means water suitable for drinking by the public and meeting the requirements of
the Safe Drinking Water Act and state of Washington Department of Health.
(29) "Premises isolation" means a method of protecting a public water system by installation of
approved air gaps or approved backflow prevention assemblies at or near the service connection
or alternative location acceptable to the city to isolate the customer's water system from the
city's public water system.
(30) "Plumbing hazard" means a cross -connection in a customer's potable water system that may
permit back-siphonage in the event of a negative pressure in the supply line.
(31) "Public water system" means as defined and referenced under WAC 246-290-020.
(32) "Purchased source" means water a purveyor purchases from a public water system not under
the control of the city for distribution to the city's customers.
10680515.2 - 366922 - 0001
Page 112 of 202
'Back to Agenda
(33) "Purveyor" means an agency, subdivision of the state, municipal corporation, firm,
company, mutual or cooperative association, institution, partnership, person, or other entity
owning or operating a public water system. "Purveyor" also means the authorized agents of such
entities.
(34) "Regional public water supplier" means a water system that provides drinking water to one
or more public water systems.
(35) "Resident" means an individual living in a dwelling unit served by a public water system.
(36) "Service connection" means a connection to a public water system designed to provide
potable water to a single-family residence, or other residential or nonresidential population.
(37) "System hazard" means a threat to the physical properties of the public or the customer's
potable water system by a material not dangerous to health but aesthetically objectionable that
would have a degrading effect on the quality of the potable water in the system.
(38) "Unapproved auxiliary water supply" means a water supply (other than the city's water
supply) on or available to the customer's premises that is either not approved for human
consumption by the health agency having jurisdiction, or is not otherwise acceptable to the city.
(39) "Used water" means water that has left the control of the city, typically through a service
connection meter or use from a city hydrant.
13.07.030 Code authority and enforcement.
Enforcement of this cross -connection control program in the area served by the city water utility
will be in accordance with this chapter and WAC 246-290-490, as amended. For water utility
customers outside of Port Orchard city limits, the provisions of this chapter shall be enforced as
water utility policy, to the extent allowed by law.
13.07.040 Policy.
This policy shall provide for the permanent abatement or control of cross -connections to the
potable water system of the city of Port Orchard. Where it is infeasible to find, eliminate, or
permanently control cross -connections to the water system, and when it is mandated by WAC
246-290-490 or deemed necessary by a city CCS, there shall be installed at the city water service
connection and prior to any branch connections an approved backflow preventer commensurate
with the degree of hazard posed by the customer's water system upon the public water system.
13.07.050 Minimum protection.
(1) All backflow preventers used for cross -connection control to protect the city of Port Orchard
water system shall be identified on the current list of approved backflow prevention assemblies
developed by the Washington State Department of Health, Office of Drinking Water, as
amended. Backflow prevention assemblies not identified on the Office of Drinking Water list of
approved assemblies, but approved by another public water system in the state of Washington,
may be considered for approval on a case -by -case basis by the city, who shall have the sole
discretion to approve or disapprove use of the proposed backflow prevention assembly.
10680515.2 - 366922 - 0001
Page 113 of 202
,ack to Agenda
(2) All backflow preventers used to protect the public water system from potential premises
hazards shall be installed downstream of connections to the public water system and prior to any
branch connections, as determined by the city CCS.
(3) The following methods of cross -connection control are the minimum protection required at
the water service connection at the property line to protect the public water system from potential
hazards on the premises:
(a) All premises listed under WAC 246-290-490(4)(b)(i), (ii), (iii) and (Table 13, formerly
codified as Table 9) shall require installation of an air gap or a reduced pressure backflow
assembly.
(b) All premises on which material that may be dangerous to health is stored, handled, or
processed, and which, in the assessment of a city CCS, poses a potential high health cross -
connection hazard to the public water system, shall require installation of an air gap or a
reduced pressure backflow assembly.
(c) All premises where entry is restricted such that inspection for cross -connections cannot
be made with sufficient frequency or at sufficient short notice to assure that cross -
connections do not exist and the risk of cross -connection hazards is low shall require an air
gap or a reduced pressure backflow assembly.
(d) All premises having a repeated history of cross -connections being established or re-
established shall require an air gap or a reduced pressure backflow assembly.
(e) All premises that have an auxiliary water supply on or available to the customer's
premises shall require an air gap or a reduced pressure backflow assembly.
(f) All premises that have internal cross -connections that are not correctable or which have
complex plumbing arrangements that make it impractical to ascertain whether or not cross -
connections exist shall require an air gap or a reduced pressure backflow assembly.
(g) All premises that have a heat exchanger or a solar hot water system shall require a risk
assessment inspection by a city CCS to determine the level of backflow protection required.
(h) All fire systems that may contain chemical additives, including food -grade additives,
shall require a reduced pressure backflow assembly or reduced pressure detector assembly.
(i) All premises that pose a high probability of changes in the use of water by tenants, such
as but not limited to shopping malls or strip malls, shall require a backflow assembly
commensurate with the degree of hazard.
0) All fire systems with no chemical additives shall require a double check valve assembly
or double check detector assembly.
(k) All premises where cross -connections are unavoidable or not correctable, such as but not
limited to tall buildings (over 30 feet) or water booster pump systems, shall require a double
check valve assembly unless other hazards on the premises require a higher level of
backflow protection.
10680515.2 - 366922 - 0001
Page 114 of 202
IBack to Agenda
(4) The control of cross -connections requires cooperation between the water purveyor, the local
administrative authority, the health officer and the customer (consumer).
(a) WAC 246-290-490(1)(d): The purveyor's responsibility for cross -connection control
shall begin at the water supply source, include all the public water treatment, storage, and
distribution facilities, and end at the point of delivery to the customer's water system, which
begins at the downstream end of the service connection or water meter located on the public
right-of-way or utility -held easement.
(b) WAC 246-290-490(1)(e): Under the provisions of this section, purveyors are not
responsible for eliminating or controlling cross -connections within the customer's water
system. Under Chapter 19.27 RCW, the responsibility for cross -connections within the
customer's water system, i.e., within the property lines of the customer's premises, falls
under the jurisdiction of the local administrative authority.
(c) WAC 246-290-490(2)(d): The purveyor shall coordinate with the local administrative
authority in all matters concerning cross -connection control. The purveyor shall document
and describe such coordination, including delineation of responsibilities, in the written cross -
connection control program required in WAC 246-290-490(2)(e).
(5) A city CCS shall make available to all local administrative authorities information
maintained in the city cross -connection control program files, which may include, but is not
limited to:
(a) A master list of all premises that have been isolated from the city water system in
accordance with the city's cross -connection control program;
(b) Information concerning any internal cross -connections that come to the attention of a city
CCS during risk assessment evaluations of premises; and
(c) Notification of any termination of water service for failure to comply with the
requirements of WAC 246-290-490 or the city's cross -connection control program.
13.07.060 Risk assessment survey.
(1) A risk assessment survey for cross -connections and sanitary hazards requires a water use
evaluation of new and existing buildings, structures, and grounds to determine the degree of
potential health hazard risk to the public water system. While assessing the risk of contamination
of the public water system, if the degree of hazard posed by a substance or process is unknown,
the city must assume the hazard is high. Almost all substances other than potable water under the
city's control are considered to be a health hazard to some degree.
(2) Factors to consider while determining the level of probability that a cross -connection may
occur include:
(a) The probability increases that an existing cross -connection will go undetected as the
complexity of a piping system increases.
(b) Piping changes will create new cross -connections or change the operating risk from
back-siphonage to back -pressure conditions.
10680515.2 - 366922 - 0001
Page 115 of 202
I&ck to Agenda
(c) A backflow preventer could be bypassed or removed from service.
(d) A material stored, handled, or processed could be changed or increased in strength.
(e) A material stored or handled may deteriorate, thus becoming a health hazard.
(f) A material, when combined with the chemicals in the potable water supply or when
exposed to certain piping material, may react and form a compound that poses a health
hazard, such as CO2 mixing with water to form carbolic acid, an acid that leaches copper
from service pipes.
(g) A material that, if it contains a bacteriological contaminant, could become a health
hazard long after it enters the potable water supply, through bacteria regrowth. (Ord. 3208 §
1, 2012).
13.07.070 New construction.
(1) Risk assessments for new construction shall be conducted as outlined below: Upon
application for a water service connection, a city CCS shall review the application and determine
the risk posed to the public water system by the customer's water system. A city CCS shall
classify the water service connection as either a high health hazard cross -connection, a low
health hazard cross -connection, or no health hazard cross -connection, and shall specify the need
for and identify the type of backflow protection required (if applicable) for premises isolation
backflow protection. When deemed necessary, a city CCS shall request the city's engineering
division or local administrative authority to require a detailed plan and specification for the
plumbing installation in order to facilitate risk assessment review of the water use at the
property.
(2) A city CCS shall review all water system related plans and specifications to:
(a) Assess the actual or potential health hazard or contamination risk to the public water
system.
(b) Assess the complexity of any existing and/or proposed water piping system.
(c) Assess the probability of cross -connections within a customer's water system.
(d) Determine what cross -connections might constitute acceptable risks.
(e) Determine the reliability required of any backflow prevention assembly utilized within a
facility or mandated for premises isolation.
(f) Assess the actual or potential use and/or availability of any unapproved auxiliary water
supply systems.
(g) Assess the storage and handling of material dangerous to health and toxic substances
that, if introduced into the water system, would constitute a water system, plumbing, or
health hazard.
(3) If it is determined that any of these conditions will exist, a city CCS shall advise the customer
in writing that such cross -connections exist and may, as a courtesy, offer technical guidance in
10680515.2 - 366922 - 0001
Page 116 of 202
M r- J. Mr-j C1
eliminating or controlling such cross -connections. If a city CCS determines that the customer's
water system represents a potential health hazard risk to the city water system, such as, but not
limited to, WAC 246-290-490(4)(b)(Table 13, formerly codified as Table 9) facilities and/or
systems, a backflow preventer commensurate with the assessed degree of hazard shall be
required for premises isolation at the water service connection, notwithstanding any point of
hazard, point of use, or fixture protection existing or proposed within the property lines of the
premises.
(4) Backflow preventers, when required, shall be installed and tested before the water service is
activated. A city CCS shall advise the customer that it is the customer's responsibility to install
the backflow preventer and have it tested by a Washington State certified backflow assembly
tester (BAT) prior to use of the water service, and that annual testing and documentation is
required thereafter. A city CCS shall attend and witness the initial test of all backflow assemblies
installed for premises protection. It is the responsibility of the customer to contact a city CCS
and coordinate an appointment time for a city CCS to attend and witness the required test of a
backflow assembly (24-hour advance notice is required). (Ord. 3208 § 1, 2012).
13.07.080 Existing buildings, structures and grounds.
(1) A city CCS shall evaluate all high health hazard premises, all commercial and/or industrial
premises, all premises with fire systems, all premises with water systems using booster pumps,
and all premises with buildings 30 feet or more in height to ensure premises isolation backflow
protection has been provided at the water service connection. Premises to be evaluated shall be
selected in order from an established list prioritized by expected degree of health hazard and/or
risk of contamination. Premises not on the established priority list that come to the attention of a
city CCS, and upon evaluation are determined deficient in required premises isolation backflow
protection, shall be brought into current compliance without regard to any established priority
list. Residential properties will not be routinely inspected unless those properties come to the
attention of a city CCS and are identified to pose a potential health hazard risk to the city water
system.
(2) The initial evaluation of existing facilities shall proceed according to the following steps:
(a) A priority list shall be established using existing water service records, telephone
directory yellow page listings, and other resources as beneficial.
(b) Beginning with the highest rated health hazard on the program's priority list, a city CCS
shall make a risk assessment evaluation of each property for actual or potential cross -
connections and/or any conditions that might tend to contaminate the city water system.
(c) Upon completion of the risk assessment evaluation, a city CCS shall determine whether
premises isolation backflow protection is required, and shall determine the level of
protection required commensurate with the assessed degree of hazard.
(d) A city CCS shall prepare an evaluation that includes, but is not limited to, the following:
(i) A list of all cross -connections found, their locations, and any optional methods of
elimination or control.
(ii) Any applicable drawings, sketches, blueprints, or photos.
10680515.2 - 366922 - 0001
Page 117 of 202
I&ck to Agenda
(iii) A summary of the findings, recommendations and requirements for corrective
actions.
(e) A city CCS shall notify the customer, in writing, of the city's requirement for premises
isolation backflow protection. The letter shall include the requirements for corrective actions
and a corrective action completion date.
(f) Corrective action by the customer must be completed within 30 days in most cases.
Where existing cross -connections pose an immediate threat to public health and the city's
water system, a city CCS may require immediate corrective action and may terminate water
service until required backflow prevention is installed and tested. For cross -connections that
are complex and may require additional time to design and install, a city CCS may allow up
to 90 days to complete corrective action.
(3) On the specified corrective action completion date, a city CCS shall inspect the customer's
facility to determine if the corrective actions have been completed. If the corrective actions have
been completed, a city CCS shall inspect each required premises isolation backflow assembly
located at the city water service connections to the property. If the corrective actions are in
progress but more time is required for completion, a new completion date may be set by a city
CCS. If corrective actions have been disregarded, the city shall take appropriate corrective action
within its authority, up to and including denying or discontinuing water service to a customer's
premises until the cross -connection hazard is eliminated or controlled to the satisfaction of the
city.
(4) The city's corrective action may include, but is not limited to:
(a) Denying or discontinuing water service to a customer's premises until the cross -
connection hazard is eliminated or controlled to the satisfaction of a city CCS.
(b) Requiring the customer to install an approved backflow preventer for premises isolation
commensurate with the degree of hazard.
(c) Contracting with a properly licensed and certified company or individual to install an
approved backflow preventer for premises isolation commensurate with the degree of
hazard. The cost of installation and testing, plus a 20 percent administrative fee, shall be
added to the customer's water bill.
(5) Reinspection of premises isolation for each premises subject to corrective action may be
performed annually, or more often if the degree of hazard so indicates, or whenever there is a
change in the use of the premises.
(6) The city shall ensure that inspections and/or tests of backflow prevention facilities are
conducted:
(a) At the time of installation.
(b) Annually after installation, or more frequently, if required by the city for connections
serving premises or systems that pose a high health cross -connection hazard or for
assemblies that repeatedly fail.
10680515.2 - 366922 - 0001
Page 118 of 202
Back to Agenda
(c) After a backflow incident.
(d) After an assembly is repaired, reinstalled, or relocated or an air gap is replumbed.
13.07.090 Records and reports.
(1) The City of Port Orchard's cross -connection control program files shall include files for each
customer requiring the installation of a premises isolation backflow prevention assembly. A
computer software database may be utilized for compiling and extracting information required
for tracking compliance as well as Department of Health annual reporting.
(2) The following information shall be maintained in each file:
(a) Copies of all correspondence with customer relative to cross -connection control.
(b) Copies of evaluation reports, complete with field drawings (if applicable).
(c) Copies of all completed backflow assembly test report forms.
(d) Copies of all reports or correspondence pertaining to enforcement action, cross -
connections, or backflow incidents. (Ord. 3208 § 1, 2012).
13.07.100 Enforcement.
Unprotected cross -connections which are declared by this Chapter to be unlawful, whether
presently existing or hereinafter installed, as well as any customer who has violated or is
continuing to violate any provision of this chapter, or an order issued hereunder, are hereby
declared to be public nuisances. In addition to any other provisions of the Port Orchard
Municipal Code pertaining to abatement of public nuisances, and in addition to any other
enforcement methods authorized by an ordinance of the City or local or state law, these
violations may be subject to abatement and enforcement through any of the following methods
(at the discretion of the Director or designee):
(1) Notice of Violation. Whenever the city finds that any customer has violated or is continuing
to violate any provision of this chapter, or an order issued hereunder, the city may serve upon
such customer a written notice of the violation that will include a minimum of an additional 10
days to comply and notification that water services will be terminated on the next business day
following the specified due date. Nothing in this section shall limit the authority of the city to
take any action, including emergency actions or any other enforcement action, without first
issuing a notice of violation.
(2) Compliance Orders. Whenever the city finds that a customer has violated, or continues to
violate, any provision of this chapter, or order issued hereunder, the city may issue a compliance
order to the customer responsible for the violation. This order shall direct that the cross -
connection be eliminated or protected with an approved backflow prevention assembly and that
the assembly be installed and properly operated and maintained. The order shall specify that
water services shall be discontinued and/or applicable penalties imposed unless, following a
specified time period, the directed actions are taken. A compliance order may not extend the
deadline for compliance beyond any applicable state or federal deadlines, nor does a compliance
order release the customer from liability from any past, present, or continuing violation(s).
Issuance of a compliance order shall not be a prerequisite to taking any other action against the
10680515.2 - 366922 - 0001
Page 119 of 202
customer. Failure to comply with any terms or requirements of a compliance order by a customer
shall be an additional and independent basis for termination of water services or any other
enforcement action authorized under this chapter and deemed appropriate by the city.
(3) Cease and Desist Orders. The city may issue a cease and desist order upon finding a customer
has or is violating this chapter. The decision to issue a cease and desist order shall consider the
likelihood that a customer's violations could cause a severe threat to the public water system.
The order issued by the city will direct the customer to cease and desist all such violations and
to: (a) immediately cease such actions creating a cross -connection; (b) comply with all
applicable cross -connection control standards and requirements; (c) take such appropriate action
as may be needed to properly address a continuing or threatened violation, including halting
operations. Issuance of a cease and desist order shall not be a bar against, or prerequisite for,
taking any other action against the customer.
(4) Recovery of Costs Incurred by the City. Any customer violating any of the provisions of this
chapter or who creates or maintains a cross -connection without an approved, operational
backflow prevention assembly shall be liable to the city for any expense, loss, fines, or damage
caused by such violation or backflow incident. The city will bill the customer for the cost
incurred by the city for any cleaning, repair, replacement work, or other damages caused by the
cross -connection. Refusal to pay the assessed costs shall constitute a violation of this chapter
enforceable under the provisions of this section and POMC Chapter 20.02.
(5) Noncompliance Fines. Notwithstanding any other section of this chapter, any customer found
by the city to have violated any provision of this chapter, or orders issued hereunder, shall be
fined in an amount not to exceed $1,000 per violation. Each day on which noncompliance shall
occur or continue shall be deemed a separate and distinct violation. Such assessments will be
billed separately from the utility billing for services. Unpaid charges, fines, and penalties shall be
sent to collections. Issuance of an administrative fine shall not be a prerequisite for taking any
other action against the customer.
(6) Termination of Water Services. The city shall have authority to terminate water services to
any customer upon determining that such customer has: (a) refused access allowed by this
chapter thereby preventing the implementation of any purpose of this chapter; (b) violated any
provision of this chapter including failure to install or test a backflow assembly; or (c) violated
any lawful order of the city issued with respect to this chapter. The city will attempt to provide
reasonable notice to tenants and owners prior to water service being terminated, but if the city
determines the cross -connection or other violation of this code presents an imminent and serious
threat to the public water system, the city may immediately terminate the customer's water
service, the notice and appeal rights set forth herein notwithstanding. Service will be restored
after the customer has made arrangements to come into compliance and paid a
disconnect/connect charge, as established in POMC 13.04.050. If a customer makes
arrangements for compliance and payment after 4:30 p.m., the water will not be reconnected
until the next morning. If a customer wishes to have their water reconnected after 4:30 p.m., they
will be charged after-hours rates per POMC 13.04.055.
13.07.110 Other remedies.
10680515.2 - 366922 - 0001
Page 120 of 202
M r- J. 'T.F.J C1
(1) Injunctive Relief. When the city finds that a customer has violated (or continues to violate)
any provision of this chapter or order issued hereunder, or any other cross -connection control
standard or requirement, they may petition the superior court of Kitsap County through the city
attorney for the issuance of a temporary or permanent injunction, as appropriate. Such injunction
shall restrain or compel specific compliance with an order, or other requirement imposed by this
chapter on activities of the customer. The city may also seek such other action as is appropriate
for legal and/or equitable relief. A petition for injunctive relief shall not be a bar against, or a
prerequisite for, taking any other action against a customer.
(2) Civil Penalties. A customer who has violated or continues to violate any provision of this
chapter, an order issued hereunder, or any other cross -connection control standard shall be liable
to the city for a civil penalty of at least $1,000 per violation but not more than $10,000 per
violation. Each day upon which a violation occurs or continues shall constitute a separate
violation. In the case of noncompliance, penalties shall accrue for each day during the period of
such noncompliance. In addition to the penalty amounts assessable above, the director may
recover reasonable attorneys' fees, court costs, and other expenses associated with compliance
and enforcement activities authorized under this chapter. This shall include recovery of costs for
sampling and monitoring, and the cost of any actual damages incurred by the city. The city shall
petition the superior court of Kitsap County to impose, assess, and recover such sums. When
recommending the amount of civil liability, the public works director shall consider all relevant
circumstances, including, but not limited to, the extent of harm caused by the violation, the
magnitude and duration, any economic benefit gained through the customer's violation,
corrective actions by the customer, the compliance history of the customer, and any other factor
as justice requires, and shall present this analysis as evidence in support of the recommended
penalty. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any
other action against a customer.
(3) Remedies Nonexclusive. The provisions in this section are not exclusive remedies. The city
reserves the right to take any, all, or any combination of these actions concurrently or
sequentially against a noncompliant user or to take other actions as warranted by the
circumstances.
13.07.120 Indemnification.
The city of Port Orchard will not be held liable for any or all water pressure loss, flow loss, head
loss, friction loss, or other costs or damages associated with the use and operation of backflow
prevention assemblies including but not limited to interruption of service. For continuous
service, it is recommended that at least two assemblies be installed in parallel to prevent total
flow loss due to testing and repairs. In cases where the customer has successfully obtained
approval from the city for an exception to premises isolation, the customer side of the water
meter chamber shall continue to be the beginning of the customer's system and the customer
shall retain the associated responsibilities and liabilities described in this chapter. In all cases, the
customer shall indemnify and hold harmless the city for all contamination of the customer's
system or the city's water distribution system that results from an unprotected or inadequately
protected cross -connection within the customer's premises. Under no circumstances shall the
city's granting of an exception from premises isolation be construed to mean that the city
assumes responsibility or liability for any cross -connection incident on the customer's premises.
This indemnification shall pertain to all backflow conditions that may arise from the city's
10680515.2 - 366922 - 0001
Page 121 of 202
IF -7,73►1T. 'T.F.1 C1
suspension of water supply, water main breaks, or reduction of water pressure. Any customer
violating any of the provisions of this program when said violation results in damage to or
impairs the city's water system, including, but not limited to, allowing contamination, pollution,
any other substances, or non -potable water to enter the city's water system, shall be liable to the
city for all expenses, loss, or damages caused by such violation. Such costs may include, but are
not limited to, cleaning, purifying, repairing, or replacement work in the city's water system
caused by the violation.
10680515.2 - 366922 - 0001
Page 122 of 202
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 7C
Adoption of a Resolution Amendiniz the
Back to Agenda
Meeting Date: July 11, 2023
Prepared by: Tony Lang
Procurement Policy to Increase Delegated
Authority for Public Works Change Orders and Atty Routing No:
Contract Amendments Atty Review Date:
Public Works Director
366922-0009
July 5, 2023
Summary: Pursuant to the City's Procurement Policies and Procedures (Resolution No. 042-20, Exhibit A, as
amended) at Section 7, all change orders to existing contracts require Council's approval if the change order:
(1) exceeds 10% of the legally authorized budget limit for the applicable project; or
(2) exceeds 10% of the contract amount established by the City Council.
However, the delegated authority is capped at a maximum approval amount of $50,000 (for Directors) and
$100,000 (for the Mayor). Staff has historically interpreted this provision to aggregate the total of all change
orders — for example, for a $500,000 project, the Mayor may execute one $50,000 change order but from then
on all change orders (regardless of size) must be approved by the Council. This can lead to project delays, as
contractors remain in standby status until approval can be obtained from Council. Notably, the Council
sometimes elects to cancel its August meeting —during the high construction season —meaning change orders
sit idle for over a month.
Staff previously recommended a limited modification to the City's Procurement Policies to increase the
delegated authority to increase the change order authority to respond to an emergency. Due to covid,
suggested modifications did not move forward as a proposed amendment to the Policies. At the June 2023
Finance Committee Meeting, Staff proposed modifications to the Procurement Policies to increase delegated
authority under certain conditions. By this resolution, staff requests the following modifications to allow for
timely resolution of change orders:
Consistent with the Council's previous delegation of authority to execute agreements with a value of
under $7,500, allow for additional delegated authority to execute change orders on small (less than
$35,000) agreements where the individual change order does not exceed $7,500 up to an aggregate cap of
$10,000.
For contracts with an initial value of $35,000, modify the 10% cap by re -setting the contract total following
all Council -approved change orders.
Recommendation: Staff recommends that the City Council adopt a Resolution modifying the Procurement
Policies to increase delegated authority to staff for execution of change orders and contract amendments for
Public Works projects.
Page 123 of 202
Back to Agenda
Business Item 7C
Page 2 of 2
Relationship to Comprehensive Plan: Chapters 7, 8 and 9
Motion for Consideration: I move to adopt a Resolution amending the City's Procurement Policies
pertaining to delegation of authority for Public Works Change Orders and Contract Amendments
Fiscal Impact: This would increase delegated authority within budget authority.
Alternatives: Do not approve and provide further guidance
Attachments: Resolution, Courtesy Copy of Procurement Policies
Page 124 of 202
Back to Agenda
RESOLUTION NO.
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING
RESOLUTION NO. 042-20, EXHIBIT A, AS AMENDED, PROCUREMENT POLICIES
AND PROCEDURES, PERTAINING TO CHANGE ORDER AND AMENDMENT
AUTHORITY.
WHEREAS, staff continues to review and update to the City's Procurement Policies and
Procedures, adopted by the City Council via Resolution No. 042-20 and amended by Resolution
No. 036-22, as needed; and
WHEREAS, Staff have identified an urgent need to seek an amendment to the policies
pertaining to the delegation of signatory authority to staff for change orders and contract
amendments for public works projects, which currently require the submission of minor change
orders for all contracts —including small contracts —to Council, leading to delay of projects and
increased associated costs; and
WHEREAS, the City Council previously authorized a limited waiver of the procurement
policies to increase the delegated amount; and
WHEREAS, the City Council finds it in the best interest of the City and its residents to
amend the City's Procurement Policies and Procedures to provide an increase in the cap of
delegated authority to staff for execution of change orders, while ensuring the responsible use
of public funds; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above
are hereby adopted and incorporated as findings in support of this Resolution.
THAT: The City Council amends Resolution No. 042-20, Exhibit A, as amended, to read,
in part, as follows:
7.0 Change Orders and Amendments
A. Public Works. Upon recommendation of the department director, and demonstration
that a Change Order or contract amendment is necessary and reasonable, the department
director is authorized to approve any Change Order or contract amendment as follows:
For all contracts greater than $35,000, the change order does not exceed the greater of:
1. 10% of the legally authorized budget limit for the applicable project; or
2. 10% of the contract amount established by the City Council, provided for
the purposes of this calculation the total contract amount shall be reset
Page 125 of 202
Back to Agenda
Resolution No.
Page 2 of 2
to reflect new Council -approved contract totals authorized prior to the
requested change order.
Any individual change order that is between $50,000 and $100,000 requires
Mayoral approval, per Section 7.0. Any individual change order that is over
$100,000 requires Council approval.
For contracts with an initial budgeted value under $35,000, all change orders that
individually do not exceed $7,500 and an aggregate cap of $10,000.
For contracts with an initial unbudgeted value under $7,5000, all change orders that do
not exceed an aggregate cap of $7,500 (excluding the underlying value), provided there
are sufficient departmental funds available in the applicable budget. For example: the
director may authorize a change order in the amount of $500 for a contract that had an
initial value of $2,000 without Council action.
B. All Departments. The Mayor is authorized to approve any and all Change Orders and
contract amendments that do not exceed either 10% of the legally authorized budget limit for
the applicable project or 10% of the contract amount established by the City Council, with a
maximum aggregate amount of $100,000, provided for the purposes of this calculation the
contract amount shall be reset to reflect new Council -approved contract totals authorized prior
to the requested change order or contract amendment.
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 111" day of June 2023.
ATTEST:
Brandy Wallace, MMC, City Clerk
Robert Putaansuu, Mayor
Page 126 of 202
Back to Agenda
7.0 Change Orders and Amendments
A. Public Works. Upon recommendation of the department director, and demonstration
that a Change Order or contract amendment is necessary and reasonable, the department
director is authorized to approve any and Change ^rd'^rs that de ^^t exce ' Order or
contract amendment as follows:
A. For all contracts greater than $35,000, the change order does not exceed the
greater of:
1. 10% of either the legally authorized budget limit for the applicable project-
or ^
ethpr
2. 10% of the contract amount established by the City Council, with a
provided for the purposes of this calculation the total
contract amount efshall be reset to reflect new Council -approved contract
totals authorized prior to the reauested change order.
Any individual change order that is between $50,000— and $100,000 requires
Mayoral approval, per Section 7.0. Any individual change order that is over
$100,000 requires Council approval.
B. For contracts with an initial budgeted value under $35,000, all change orders that
individually do not exceed $7,500 and an aggregate cap of $10,000.
C. For contracts with an initial unbudgeted value under $7,5000, all change orders
that do not exceed an aggregate cap of $7,500 (excluding the underlying value),
provided there are sufficient departmental funds available in the applicable
budeet. For example: the director may authorize a chanee order in the amount of
$500 for a contract that had an initial value of $2,000 without Council action.
A-B. All Departments. The Mayor is authorized to approve any and all Change Orders
and Contract Amendments that do not exceed either 10% of the legally authorized budget
limit for the applicable project or e+ther10% of the contract amount established by the
City Council, with a maximum a eva4ggg elate amount of $100,000. " eempl^t^^'
Gh@Rge nrdeF fE)FR-, attach^,Iaws G.,h;h;t 6, must h^ filed- ,.,;th, provided for the purposes
of this calculation the contract.. amount shall be reset to reflect new Council -approved
contract totals authorized prior to the requested change order or contract amendment.
Change Orders in Excess of City Council Authorized Budget Appropriations.
Upon recommendation of the department director, and demonstration that a Change Order is
necessary, the responsible department director shall submit to the City Council a Change Order
Request to include the amount of requested funds and a written justification describing why the
additional funds are necessary and the benefits to be derived. A request for budget amendment
shall accompany the Change Order.
10701222.1 - 366922 - 0001
Page 127 of 202
Back to Agenda
If the City Council approves the Change Order Request, the responsible department director shall
take the necessary actions to enact the Change Order and complete the work in an expeditious
manner in accordance with the City Council's direction.
If the City Council denies the Change Order Request, the responsible department director shall
report back to the Mayor and City Council with options as to how to accomplish the
project/contract within the funds allocated.
Consistent with RCW 39.04.280, in the event of an emergency or the need to take immediate or
expeditious action necessary to protect or maintain the public health, safety, or welfare; or to
prevent damage to public or private property, and with approval of the Mayor, department
directors are authorized to enact Change Orders in excess of the legally authorized expenditure
level. The responsible department director shall timely report such actions to the City Council.
10701222.1 - 366922 - 0001
Page 128 of 202
DocuSign Envelope ID: CF201BD7-89F9-4B9C-BE9A-A5E34BC53958
Back to Agenda
RESOLUTION NO.036-22
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING
RESOLUTION NO. 042-20, EXHIBIT A, PROCUREMENT POLICIES AND
PROCEDURES, PERTAINING TO PROCUREMENT OF NON -ARCHITECTURAL AND
ENGINEERING PROFESSIONAL SERVICES.
WHEREAS, Staff is currently undertaking a review and update to the City's Procurement
Policies and Procedures, adopted by the City Council via Resolution No. 042-20, with proposed
submission to Council to occur in 2022; and
WHEREAS, Staff have identified an urgent need to seek an amendment to the policies
pertaining to the procurement of non -Architectural and Engineering Professional Services,
which are currently subject to the same procurement parameters as formal bidding for the
procurement of public works; and
WHEREAS, existing policy limits staff's ability to consider qualifications when procuring
non -Architectural and Engineering Professional Services; and
WHEREAS, the City Council finds it in the best interest of the City and its residents to
amend the City's Procurement Policies and Procedures to allow staff to evaluate qualifications,
while ensuring the responsible use of public funds; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above
are hereby adopted and incorporated as findings in support of this Resolution.
THAT: The City Council amends Resolution No. 042-20, Exhibit A, to read, in part, as
follows:
"Request for Proposal (RFP)" means a process that requests interested firms to submit a
statement of their proposal for completing a project. Proposals may be evaluated based
upon the suitability, practicality, quality of the proposal and experience and cost,
provided. price is usually not the sole evaluation factor (unless required by law). The RFP
process provides for the negotiation of all terms, including price, prior to contract
award, and may include a provision for the negotiation of best and final offers.
"Request for Qualifications (RFQ)" means a process that requests interested firms to
submit a statement of their qualifications for completing a project. Statements may be
evaluated based upon the qualifications, suitability, practicality, quality of the proposal
and experience and cost, provided price is usually not the sole evaluation factor (unless
required by law). The RFQ process provides for the negotiation of all terms, including
price, prior to contract award, and may include a provision for the negotiation of best
and final offers.
Page 129 of 202
DocuSign Envelope ID: CF201BD7-89F9-4B9C-BE9A-A5E34BC53958
Back to Agenda
Resolution No. 036-22
Page 2 of 24
Non-A/E Professional Services
Personal services involve technical expertise provided by a consultant to accomplish a
specific study or project task. These activities and products are mostly intellectual in nature, but
exclude architecture and engineering services, which have their own requirements. For
example, comprehensive plans, legal services, and management analyses.
The City has contracted with the Municipal Research and Services Center (MRSC) to host
the City's Consultant Rosters, and where applicable will adhere to the requirement of RCW
39.04.190.
Local and State:
Estimated cost of $150,000 and under may solicit statements of qualifications from
consultants utilizing the MRSC consultant rosters (where feasible, from three qualified
consultants), minimal competition, seek written quotes (where feasible, from three qualified
consultants), RFP, RFQ, or formal competitive bidding.
Estimated cost of over $150,000 may issue an RFP, RFQ, solicit statements of
qualifications from consultants utilizing the MRSC consultant rosters (where feasible, from
three qualified consultants), or use formal competitive bidding.
Federal:
Estimated cost of $150,000 and under may use RFP, RFQ, or small purchase procedures.
Estimated cost over $150,000 may use RFP, RFQ, or Sealed/Formal Bids.
THAT: The Resolution shall take full force and effect upon passage and signatures
hereon.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested
by the Clerk in authentication of such passage this 121" day of April 2022.
Lt
uSigned y:
*f �t vain suu
Robert Putaansuu, Mayor
ATTEST: , "o`RT:o"
DocuSigned by: Q. OR",,, G
Brandy Wallace, MMC, City Clerk ::SEAL
Page 130 ofs MBE..-
DocuSign Envelope ID: CF201BD7-89F9-4B9C-BE9A-A5E34BC53958
Back to Agenda
CITY OF PORT ORCHARD
Procurement Policies & Procedures
216 Prospect Street
Port Orchard, WA 98366
www.cityofportorcha rd. us
Revised 3/28/2022
Page 131 of 202
DocuSign Envelope ID: CF201BD7-89F9-4B9C-BE9A-A5E34BC53958
Back to Agenda
Procurement Policies & Procedures
Table of Contents
PURPOSEOF POLICY............................................................................................................................................4
DEFINITIONS.........................................................................................................................................................................4-6
GENERALPROVISIONS........................................................................................................................................................6-7
BUDGET SUFFICIENCY
FINANCING
FEDERAL AND STATE FUNDS
SIGNATURE AUTHORITY
COST
PROCUREMENT OF GOODS AND SERVICES.........................................................................................................7-8
LOCAL BUSINESS
SOLICITING SPECIFIC BRAND
PURCHASING LIMITATIONS
GENERAL PURCHASES
PUBLIC WORKS
PUBLIC WORKS PROJECTS AND PREVAILING WAGE LAWS
ARCHITECTURAL, ENGINEERING, LANDSCAPE ARCHITECTURE, OR SURVEYING SERVICES (A&E)
PERSONAL SERVICES
PURCHASED SERVICES
BIDPROCEDURES..............................................................................................................................................9-11
WRITTEN QUOTES
VENDOR LIST
SMALL WORKS ROSTER
SMALL WORKS BID PROCEDURE
LIMITED PUBLIC WORKS PROCESS
FORMAL COMPETITIVE BID PROCEDURES
EXEMPTIONS TO COMPETITIVE BIDDING.................................................................................................................11-13
SOLE SOURCE PURCHASES
PURCHASES INVOLVING SPECIAL FACILITIES OR MARKET CONDITIONS
PURCHASES IN THE EVENT OF AN EMERGENCY
INTERLOCAL AGREEMENTS
COOPERATIVE PURCHASING (PIGGYBACKING)
US COMMUNITIES SHARED PURCHASING
TELECOMMUNICATIONS SYSTEMS/SERVICES
CHANGEORDERS.................................................................................................................................................13
PURCHASEORDERS.......................................................................................................................................................14
CONFLICTS OF INTEREST...............................................................................................................................................14
City of Port Orchard Page 2 of 22 Procurement Policies & Procedures
Page 132 of 202
DocuSign Envelope ID: CF201BD7-89F9-4B9C-BE9A-A5E34BC53958
Back to Agenda
EXHIBITS.................................................................................................
BUDGET ADJUSTMENT REQUEST
WASHINGTON STATE PREVAILING WAGE LAW
PURCHASE QUOTATION SHEET
SOLE SOURCE VENDOR STATEMENT
PURCHASES THROUGH INTERLOCAL AGREEMENT CHECKLIST
CHANGE ORDER
PURCHASE ORDER
.............................................15-20
City of Port Orchard Page 3 of 22 Procurement Policies & Procedures
Page 133 of 202
DocuSign Envelope ID: CF201BD7-89F9-4B9C-BE9A-A5E34BC53958
Back to Agenda
1.0 Purpose of the Policy
This Policy establishes guidelines for employees when purchasing goods, equipment, supplies and materials,
public works projects, architecture, engineering, landscape architecture, surveying services, personal services,
purchased services and contracting for services. The procedures set forth in this manual are designed to assure
the citizens and elected officials that the City of Port Orchard is receiving maximum value for each tax and utility
dollar expended and ensure fiscal responsibility in the procurement process, while assuring compliance with
State, Federal, and City regulations and rules.
This policy is dated March 31, 2017 and supersedes all purchasing directives. All references to the Revised Code
of Washington (RCW), Federal Code, and/or City Ordinances, Resolutions, and personnel policies shall be
incorporated as part of this policy including all future amendments.
2.0 Definitions
"Architectural services" means services rendered by any person, other than a city employee, to perform
activities within the scope of the professional practice of architecture ( RCW 18.08), professional practice of
engineering and land surveying ( RCW 18.43), and/or professional practice of landscape architecture ( RCW
18.96).
"Bid splitting" means breaking a public works project or purchase of equipment, materials, or supplies into
units. The city may not break a public works project into units to avoid compliance with bidding statutes.
RCW 35.23.352.
"Change order" means the authority to change the scope of service, time, and/or the amount of a contract.
"Contract" means a contract in writing for the execution of a fixed or determinable amount duly awarded
after advertisement and competitive bid, or a contract awarded under the small works roster process in RCW
39.04.155.
"Emergency" means unforeseen circumstances beyond the control of the municipality that either: (a) Present a real,
immediate threat to the proper performance of essential functions; or (b) will likely result in material loss or damage
to property, bodily injury, or loss of life if immediate action is not taken. RCW 39.04.280.
"Formal competitive bid" is the process of advertising and receiving sealed written bids from prospective
vendors. The lowest responsible bidder is selected and awarded the contract. This is for largest and most complex
contracts and purchases that reach the defined amounts.
"Informal competition" is the process of using the small public works roster or vendor list. This is for medium
sized purchases and contracts up to a certain amount.
"Interlocal agreement" isan agreement in which the city exercises its governmental powers in a joint or
cooperative undertaking with another public agency.
"Landscape architecture," as defined in RCW 18.96.030, means the rendering of professional services in
connection with consultations, investigations, reconnaissance, research, planning, design, construction
document preparation, construction administration, or teaching supervision in connection with the
development of land areas where, and to the extent that, the dominant purpose of such services is the
City of Port Orchard Page 4 of 22 Procurement Policies & Procedures
Page 134 of 202
DocuSign Envelope ID: CF201BD7-89F9-4B9C-BE9A-A5E34BC53958 Back to Agenda
preservauun, ennancernenL, ur Ut!Lerrninauun Uf proper land uses, natural land fearurea, Vruunu cover and
planting, naturalistic and aesthetic values, the settings and approaches to structures or other improvements, or
natural drainage and erosion control. This practice includes the location, design, and arrangement of such
tangible objects as pools, walls, steps, trellises, canopies, and such features as are incidental and necessary to
the purposes in this chapter. Landscape architecture involves the design and arrangement of land forms and the
development of outdoor space including, but not limited to, the design of public parks, trails, playgrounds,
cemeteries, home and school grounds, and the development of industrial and recreational sites.
"Minimal Competition" means there is no requirement to seek multiple quotes below the established threshold,
and competitive bidding is not required. Price quotes may be obtained from vendors that are obtained using a
variety of mediums such as phone, fax, e-mail, or writing. If the department seeks quotes, the results should be
documented. This is typically used for small contracts and purchases to a certain amount.
"Ordinary maintenance" is work not performed by contract and that is performed on a regularly scheduled basis
(e.g. daily, weekly, seasonally, semiannually, but not less frequently than once per year), to service, check or
replace items that are not broken; or work not performed by contract that is not regularly scheduled but is
required to maintain the asset so that repair does not become necessary.
"Personal Services" are services that involve technical expertise provided by a consultant to accomplish a specific
study, project, task, or other work statement, not including architecture and engineering. Examples include
Graphic Design, Advertising, Consulting, Attorneys and Real Estate Services.
"Piggybacking" means the use of other governmental agencies' purchasing contracts without going out for a
formal competitive bid, as the other agency has already done it.
"Practice of architecture," as defined in RCW 18.08.320, means the rendering of services in connection with the
art and science of building design for construction of any structure or grouping of structures and the use of space
within and surrounding the structures or the design for construction of alterations or additions to the structures,
including but not specifically limited to predesign services, schematic design, design development, preparation
of construction contract documents, and administration of the construction contract.
"Procurement Officer" is the public works employee designated as the purchasing agent for public works
procurements. The officer ensures that the department secures the best products and services within the bid
specifications consistent with City policy, federal regulations and state statute.
"Professional engineer," as defined in RCW 18.43.020, means a person who, by reason of his or her special
knowledge of the mathematical and physical sciences and the principles and methods of engineering analysis
and design, acquired by professional education and practical experience, is qualified to practice engineering as
defined in this section, as attested by his or her legal registration as a professional engineer.
"Professional land surveyor," as defined in RCW 18.43.020, means a person who, by reason of his or her special
knowledge of the mathematical and physical sciences and principles and practices of land surveying, which is acquired
by professional education and practical experience, is qualified to practice land surveying and as attested to by his or
her legal registration as a professional land surveyor.
"Public work," as defined in RCW 39.04.010, means all work, construction, alteration, repair, or improvement
other than ordinary maintenance executed at the cost of the city or which is by law a lien or charge on any
city property. Public works projects include the related materials, supplies, and equipment to complete the
project.
City of Port Orchard Page 5 of 22 Procurement Policies & Procedures
Page 135 of 202
DocuSign Envelope ID: CF201BD7-89F9-4B9C-BE9A-A5E34BC53958
Back to Agenda
"Purchased Service" is a service provided by vendors for routine, necessary, and continuing functions of a
local agency, mostly related to physical work.
"Purchase Order" is a document which authorizes the delivery of specified merchandise or the rendering of
certain services and the marking of a charge for them. The City of Port Orchard is guaranteeing payment
when a purchase order is provided to a vendor.
"Purchasing Agent" as designated in Resolution No. 1086 means the City Clerk who is authorized to execute
requests for performance bonds, vouchers involving disbursement of funds, routine purchase orders, and
routine correspondence on behalf of the City.
"Request for Proposal (RFP)" means a process that requests interested firms to submit a statement of their
proposal for completing a project. Proposals may be evaluated based upon the suitability, practicality,
quality of the proposal and experience and cost, provided. price is usually not the sole evaluation factor
(unless required by law). The RFP process provides for the negotiation of all terms, including price, prior to
contract award, and may include a provision for the negotiation of best and final offers.
"Request for Qualifications (RFQ)" means a process that requests interested firms to submit a statement of their
qualifications for completing a project. Statements may be evaluated based upon the qualifications, suitability,
practicality, quality of the proposal and experience and cost, provided price is usually not the sole evaluation
factor (unless required by law). The RFQ process provides for the negotiation of all terms, including price, prior
to contract award, and may include a provision for the negotiation of best and final offers.
"Small Works Roster" is a roster of qualified contractors who can bid for an eligible project below $300,000.
RCW 39.04.155 establishes the requirements for small works roster contracts.
"Sole Source Supplier" occurs when competition among potential vendors is not possible for a particular
procurement. If a purchase is clearly and legitimately limited to a single supplier, sole source procurement is
appropriate. These situations often arise when an agency has specific technological requirements.
3.0 General Provisions
Budget Sufficiency
Each Department Director must ensure that purchases are initiated only when the departmental budget is sufficient
to cover the anticipated cost. Expenditures that exceed departmental appropriations require a budget amendment
approved by City Council. Requests for budget amendments must be submitted in writing, see Exhibit 1, and shall
be forwarded to the Mayor and City Treasurer prior to seeking approval from the City Council.
Financing
Consistent with Resolution No. 022-12 Finance Policies, the City may finance capital equipment, vehicles, land, or
infrastructure improvements. Financing recommendations shall be the responsibility of the Finance Director.
Financing instruments or structures require authorization consistent with City practices and procedures prior to
entering into any such arrangement.
Federal or State Funds
Procurement involving the expenditure of state or federal funds or grants, shall be conducted in accordance with the
Code of Federal Regulations (CFR) Title 2: Grants and Agreements §200.318. General procurement standards require
that the City must use its own documented procurement procedures which reflect applicable State, local, and tribal laws
City of Port Orchard Page 6 of 22 Procurement Policies & Procedures
Page 136 of 202
DocuSign Envelope ID: CF201BD7-89F9-4B9C-BE9A-A5E34BC53958
dIIU IC%UIdUUrIJ, PIL)VIUCU UIdl uie Pl UUMUIT)UHLJ conform to applicable Federal law and the standards outlined in
§200.318.
Back to Agenda
Breaking Down or Bid Splitting Purchases Prohibited
Purchases shall not be broken into multiple projects or purchases to avoid limitation requirements of State bidding
statutes or City policy.
Signature Authority
The Mayor or designee shall sign all contracts upon approval by the City Council, consistent with RCW 35A.12.100,
RCW 35A.12.190 and RCW 35A.11.020. .
Purchase Cost
Purchase cost includes sales tax, finance charges, delivery charges, set-up and assembly fees, and any other related
miscellaneous charges.
4.0 Procurement of Goods and Services
Local Business
Local businesses should be encouraged to submit bids on city procurements that are open to everybody. Consistent
with RCW 39.30.040, the City may award a contract to a bidder submitting the lowest bid after such tax revenue has
been considered.
Soliciting a Specific Brand
The City may advertise for bids by specifying a particular brand name item as long as the responsible official has
exercised their judgement and determined that a certain brand name is of higher quality or is better suited to the
City's needs. There is no requirement that bid specifications naming a particular brand also include a phrase such as
"or an equal brand."
Contracting and Purchasing Limitations
1. Purchases and contracts greater than $35,000, require Council authorization.
2. Purchase limitations apply to the cost of individual items or the sum of the same items purchased at the same
time to fulfill a specific business need, which are not part of a public works project as defined by RCW 39.04.010.
3. Expenditures are required to be within budgeted authority.
4. Contracts or purchases exceeding $7,500 and are not consistent with the adopted budget require Council
approval.
5. No provision prevents seeking Council approval for purchases falling within the limitations.
Purchasing
Purchasing refers to purchase of goods, equipment, materials, and supplies not connected with a public works project.
Local and State:
$7,500 and under, may use minimal competition process, informal competition process, or formal competitive
bidding.
$7,501- $15,000, may use informal competition process or formal competitive bidding.
City of Port Orchard Page 7 of 22 Procurement Policies & Procedures
Page 137 of 202
DocuSign Envelope ID: CF201BD7-89F9-4B9C-BE9A-A5E34BC53958
VVCI i71D,VVV, IIIUbL UbC IVIIIIdI W[11f t::L1LIVC UIUding.
Federal:
Back to Agenda
$3,500 and under, micro purchase procedures (not competitive, distributed equitably)
$3,501 - $150,000, small purchase procedures (price or rate quotations)
Over $150,000, Sealed/Formal Bids
Public Works
Public Works projects include all work, construction, building, renovation, remodeling, alteration, repair, or
improvement, other than ordinary maintenance, of real property; as defined in RCW 39.04.155(1)
Local and State:
Over $350,000, must use formal competitive bidding.
$75,500 and over (single craft) or $116,155 and over (multiple craft), up to $350,000, may use a small public works
roster, or formal competitive bidding.
Under $75,500 (single craft) or $116,155 (multiple craft), may use the above methods or day labor, informal
competition, or may obtain three telephonic, electronic or written quotations.
Under $50,000, may use the above methods or limited public works process
Under $10,000, may use the above methods or may obtain a single telephonic, electronic or written quotation.
Federal:
$150,000 and under, small purchase procedures (price or rate quotations)
Over $150,000, Sealed/Formal Bids
Public Works Projects and Prevailing Wage Laws
Public works projects ("...all work, construction, alteration, repair, or improvement other than ordinary maintenance
executed at the cost of the city..."), including maintenance when performed by contract, are governed by Chapter
39.12 RCW Prevailing Wages on Public Works requirements, regardless of contract amount.
It is the responsibility of the contracting employee to notify the vendor of prevailing wage requirements and obtain
compliance documentation prior to awarding any public works contract. Public works contracts will only be awarded
to contractors who document compliance with the Washington State Prevailing Wage Law. The department head
or designee managing the project is responsible for collecting compliance documents. Failure to follow prevailing
wage laws will result in delayed or denied payment to the vendor. The City cannot pay for public works projects that
are in violation of prevailing wage laws. (See Exhibit 2.)
Architectural, Engineering, Landscape Architecture, or Surveying Services (A/E) Services
Professional architecture and engineering (A&E) services are services provide by any person, other than an employee
of the City, that fall under the general statutory definitions as set forth in Section 2 "Definitions" of this policy. These
services must follow the same qualifications -based selection (QBS) process outlined in RCW 39.80.
The City has contracted with the Municipal Research and Services Center (MRSC) to host the City's Consultant Roster
and will adhere to the requirement of RCW 39.04.190.
Local and State:
The City may solicit competitive bids and evaluate them based on qualifications, without regard to cost.
Federal:
Over $150,000, Competitive Proposals
City of Port Orchard Page 8 of 22 Procurement Policies & Procedures
Page 138 of 202
DocuSign Envelope ID: CF201BD7-89F9-4B9C-BE9A-A5E34BC53958 Back to Agenda
IVVfI-H/C I'I VICJJI VI I d I JCI VIGCJ
Personal services involve technical expertise provided by a consultant to accomplish a specific study or project task.
These activities and products are mostly intellectual in nature, but exclude architecture and engineering services,
which have their own requirements. For example, comprehensive plans, legal services, and management analyses.
The City has contracted with the Municipal Research and Services Center (MRSC) to host the City's Consultant Rosters,
and where applicable will adhere to the requirement of RCW 39.04.190.
Local and State:
Estimated cost of $150,000 and under may solicit statements of qualifications from consultants utilizing the MRSC
consultant rosters (where feasible, from three qualified consultants), minimal competition, seek written quotes
(where feasible, from three qualified consultants), RFP, RFQ, or formal competitive bidding.
Estimated cost of over $150,000 may issue an RFP, RFQ, solicit statements of qualifications from consultants
utilizing the MRSC consultant rosters (where feasible, from three qualified consultants), or use formal competitive
bidding.
Federal:
Estimated cost of $150,000 and under may use RFP, RFQ, or small purchase procedures.
Estimated cost over $150,000 may use RFP, RFQ, or Sealed/Formal Bids.
Purchased Services
Purchased services are those provided by vendors for routine, necessary, and continuing functions mostly relating to
physical activities. These services are usually repetitive, routine, or mechanical in nature, support the City's day-to-
day operations, involve the completion of specific tasks or projects, and involve minimal decision -making. For example
delivery/courier service, herbicide application, recycling/disposal/litter pickup service, vehicle inspection, lubricating
and repair services.
Local and State:
$25,000 and under, may use minimal competition, seek written quotes, use consultant roster, or formal
competitive bidding.
Over $25,000, must use formal competitive bidding
Federal:
$150,000 and under, may use small purchase procedures (price or rate quotations)
Over $150,000, Sealed/Formal Bids
5.0 Bid Procedures
Written Quotes
Small contracts or purchases requiring written quotes must be documented on a quote sheet. Quote sheet is
included as Exhibit 3.
Vendor List
RCW 39.04.190 allows the use of informal vendor lists. A vendor list is a directory, maintained by a local government
agency, of vendors who are interested in selling equipment, materials, and supplies to the agency. The City may create
multiple vendor lists for different types of products. When using the vendor list, the city should secure quotes from
at least three of the vendors on the list, if possible, and award the contract to the lowest responsible bidder.
The City has contracted with the Municipal Research and Services Center (MRSC) to host the City's Vendor Roster and
will adhere to the requirement of RCW 39.04.190.
City of Port Orchard Page 9 of 22 Procurement Policies & Procedures
Page 139 of 202
DocuSign Envelope ID: CF201BD7-89F9-4B9C-BE9A-A5E34BC53958
Small Works Roster
Back to Agenda
Local and State:
RCW 39.04.155(1) provides uniform small works roster provisions to award contracts for construction, building,
renovation, remodeling, alteration, repair, or improvement of real property. The Small Works Roster may be used for
public work projects valued at $350,000 and below in lieu of formal bidding. Use of the Small Works Roster allows the
City to avoid the advertisement requirements of the formal competitive process. All other bidding requirements are
the same.
The City has contracted with the Municipal Research and Services Center (MRSC) to host the City's Small Public Works
Roster and will adhere to the requirement of RCW 39.04.190.
Federal:
If any federal funds are used to pay for all or a portion of the cost, the City must use the formal bidding process at the
federal threshold of $150,000.
Small Works Bid Procedure
1. Invitations for Quotations.
Invitations for quotations shall include an estimate of the scope and nature of the work to be performed as well as
materials and equipment to be furnished. However, detailed plans and specifications need not be included in the
invitation. These requirements do not eliminate other requirements for architectural or engineering approvals as to
quality and compliance with building codes.
2. Number of contractors invited.
Quotations may be invited from all appropriate contractors on the appropriate small works roster. As an alternative,
quotations may be invited from at least five contractors on the appropriate small works roster who have indicated the
capability of performing the kind of work being contracted, in a manner that will equitably distribute the opportunity
among the contractors on the appropriate roster. However, if the estimated cost of the work is from one hundred
fifty thousand dollars ($150,000) to three hundred thousand dollars ($350,000), a state agency or local government
that chooses to solicit bids from less than all the appropriate contractors on the appropriate small works roster must
also notify the remaining contractors on the appropriate small works roster that quotations on the work are being
sought pursuant to RCW 39.04.155 (2)(c)
3. Vendors/contractors selected from the Small Works Roster are not relieved from observing applicable legal
requirements such as those relating to Performance Bonds, Prevailing Wages, Labor and Material Bonding, etc.
4. Immediately after an award is made, the bid quotations obtained shall be recorded, open to public inspection, and
available by telephone inquiry.
5. As required by RCW 39.04.200, every even numbered month, the City must post a list of contracts awarded from
the small works roster over at least the previous two months. The list must contain the name of the contractor, the
amount of the contract, a brief description of the type of work performed, and the date of the award.
Limited Public Works Process (RCW 39.04.155(3))
For limited public work projects may award a contract for work, construction, alteration, repair, or improvement
projects with an estimated cost of $50,000 or less, the city may use the limited public works process described
below in lieu of the small works process.
1. Invitations for Quotations.
City of Port Orchard Page 10 of 22 Procurement Policies & Procedures
Page 140 of 202
DocuSign Envelope ID: CF201BD7-89F9-4B9C-BE9A-A5E34BC53958
111VILauu11s iu[ yuuLauuris Snail iriauue ari estimate of the scope and nature of the work to be performed
as well as materials and equipment to be furnished. However, detailed plans and specifications need not
be included in the invitation. These requirements do not eliminate other requirements for architectural
or engineering approvals as to quality and compliance with building codes. Back to Agenda
2. Number of contractors invited.
Electronic or written quotations shall be solicited from a minimum of three contractors from the
appropriate small works roster and the city shall award the contract to the lowest responsible bidder
as defined under RCW 39.04.010.
3. Notification of Award.
After an award is made, the quotations shall be open to public inspection and available by electronic
request. The city shall maintain a list of the contractors contacted and the contracts awarded during the
previous twenty-four months under the limited public works process, including the name of the
contractor, the contractor's registration number, the amount of the contract, a brief description of the
type of work performed, and the date the contract was awarded.
4. Vendors/contractors selected using the Limited Public Works Process are required to comply with
prevailing wage and insurance requirements.
Formal Competitive Bid Procedures
1. Publication of Notice.
The requesting department director (or designee) will publish the Call for Bids in the official newspaper or a
newspaper of general circulation most likely to bring responsive bids, at least thirteen days prior to the last date
upon which bids will be received.
2. Notice Contents.
Notice (or advertisement) for bids should contain definite specifications and procedures for bidders to use to
estimate their bids. At a minimum, a bid notice for public works must include:
• Project title;
• Nature and scope of work;
• Where contract documents (plans and specifications) can be reviewed or obtained;
• Cost to obtain a set of contract documents;
• Place, date, and time that bids are due;
• Statement that a bid bond must accompany the bid;
• Statement that the City retains the right to reject any and all bids and to waive minor irregularities
in the bidding process;
• Statement that the contract involves "public work," and that workers shall receive the prevailing
rate of wage pursuant to the Prevailing Wages on Public Works Act (Chapter 39.12 RCW);
• List of the applicable prevailing wage rates; and
• Statement that the City is an equal opportunity employer and invites responsive bids from all
qualified responsible bidders.
In addition, providing evaluation criteria; minimum qualifications; date, time, and location of pre -bid conference (if
applicable); name, address, and telephone number of the project contact; and number of required copies will help
bidders prepare responsive submittals.
3. Acceptance of Bids.
Bids are submitted to the City Clerk, where they are time and date stamped and held until bid opening.
City of Port Orchard Page 11 of 22 Procurement Policies & Procedures
Page 141 of 202
DocuSign Envelope ID: CF201BD7-89F9-4B9C-BE9A-A5E34BC53958 Back to Agenda
1F. DIU Upt.1111%.
City Clerk on the day the bids are due, will open all sealed bids and read each bid out loud.
5. Report on Bids.
The City Clerk, or designee, will prepare the Bid tab sheet and provide it to the responsible department director.
The responsible department director will provide a recommendation on all bids received.
6. Bid Award.
The City may select the qualified vendor whose proposal is most advantageous to the City, with price and other
factors considered.
7. Rejection of Bids.
The City reserves the right to reject any bid not in substantial compliance with the bid documents, or all prescribed
public bidding procedures and requirements, and may reject for good cause any or all bids upon a finding of the
City that it is in the public interest to do so.
The following shall apply to bid solicitations:
• Selection of a winning offer is based primarily on lowest responsive bid. Quality and expertise, however, must
also be a consideration.
• To ensure consistency and fair process, the City will use standard forms, documents, contracts, and terms and
conditions, when practical. The Public Works Department will maintain templates for bid -related documents
for use by departments.
• Minimum qualifications are stated to ensure respondents are reasonably qualified. Minimum qualifications
cannot be used to eliminate qualified vendors. Minimum qualifications should be tested against the
marketplace to ensure they aren't overly restrictive.
• When practical, the City will conduct a pre -bid conference to allow a thorough discussion of the City's intent,
scope, specifications, and terms. Interested companies should be encouraged to attend.
6.0 Exemptions to Competitive Bidding
Section 39.04.280 RCW provides uniform exemptions to competitive bidding requirements utilized by municipalities
when awarding contracts for public works and contracts for purchases. Competitive bidding requirements may be
waived for:
Sole Source Purchases
Purchases that are clearly and legitimately limited to a single source of supply (Sole Source Vendor):
If, after conducting a good faith review of available resources, the requesting department director determines that
there is only one source of the required materials, supplies, or equipment, a purchase contract may be awarded
without complying with established bid requirements. The requesting department director mustcomplete the Sole
Source Vendor Statement form, attached as Exhibit 4, and must be filed with the contract.
Purchases involvine saecial facilities or market conditions
The Mayor may waive established bidding requirements if an opportunity arises to purchase favorably -priced
equipment at an auction, or supplies or used goods that will be sold before the City can conduct the bid process.
Purchases in the event of an emergency
If an emergency situation has been declared, the Mayor may waive competitive bidding requirements and the City
may award all necessary contracts to purchase goods, materials, or services to address the emergency situation.
Purchase order(s) must be properly documented as pertaining to an emergency as soon as possible following the
event. If a contract is awarded without competitive bidding due to a declared emergency, the City Council must
City of Port Orchard Page 12 of 22 Procurement Policies & Procedures
Page 142 of 202
DocuSign Envelope ID: CF201BD7-89F9-4B9C-BE9A-A5E34BC53958
duUPL d IUbUIUUUII l.Cl 111 yll lr' LIM. CI I ICI rt=[It y biLuatlon existed no later than two weeks following the award of the
contract.
Back to Agenda
Intergovernmental Purchases and Piggybacking
The City may make purchases using another local, state, or federal agency's purchasing contract, a process known
as "piggybacking". The host entity and the City of Port Orchard must follow the statutory contracting requirements
and post solicitations online, as outlined in RCW 39.34. In addition, City staff should use the Purchases through
Interlocal Agreements checklist, attached as Exhibit 5.
Telecommunication Systems/Services
The City may acquire electronic data processing or telecommunication equipment, software, or services through
competitive negotiation rather than through competitive bidding as outlined in RCW 39.04.270.
7.0 Change Orders
Upon recommendation of the department director, and demonstration that a Change Order is necessary and
reasonable, the department director is authorized to approve any and all Change Orders that do not exceed 10% of either
the legally authorized budget limit for the applicable project or either the contract amount established by the City Council, with
a maximum approval amount of $50,000. The Mayor is authorized to approve any and all Change Orders that do not exceed
either 10% of the legally authorized budget limit for the applicable project or either the contract amount established by the
City Council, with a maximum approval amount of $100,000. A completed Change Order form, attached as Exhibit 6, must
be filed with the contract.
Change Orders in Excess of City Council Authorized Budget Appropriations.
Upon recommendation of the department director, and demonstration that a Change Order is necessary, the
responsible department director shall submit to the City Council a Change Order Request to include the amount of
requested funds and a written justification describing why the additional funds are necessary and the benefits to be
derived. A request for budget amendment shall accompany the Change Order.
If the City Council approves the Change Order Request, the responsible department director shall take the necessary
actions to enact the Change Order and complete the work in an expeditious manner in accordance with the City
Council's direction.
If the City Council denies the Change Order Request, the responsible department director shall report back to the
Mayor and City Council with options as to how to accomplish the project/contract within the funds allocated.
Consistent with RCW 39.04.280, in the event of an emergency or the need to take immediate or expeditious action
necessary to protect or maintain the public health, safety, or welfare; or to prevent damage to public or private
property, and with approval of the Mayor, department directors are authorized to enact Change Orders in excess of
the legally authorized expenditure level. The responsible department director shall timely report such actions to the
City Council.
8.0 Purchase Orders
The City Clerk is authorized to execute requests for routine purchase orders as stated in Resolution No. 1086. Routine
purchase orders are used to detail the terms of the purchase, including the items purchased, the price, delivery date,
and terms of payment. Purchase Orders are available to vendors and suppliers when there is an agreement to deliver
purchased items prior to payment, with the purchase order serving as a guarantee of future payment. Once a purchase
order is generated, an in -progress purchase is created. The order remains in progress until the ordered items have
been delivered and paid. Attached as Exhibit 7.
City of Port Orchard Page 13 of 22 Procurement Policies & Procedures
Page 143 of 202
DocuSign Envelope ID: CF201BD7-89F9-4B9C-BE9A-A5E34BC53958
Back to Agenda
9.0 Conflicts of Interest
City officers, employees, and agents may not participate in the selection, award, or administration of a contract if they
have a real or apparent conflict of interest. This provision encompasses procurement expending federal, state, or local
funds. Such officers, employees, and agents may neither solicit nor accept gratuities, favors, or anything of monetary
value from contractors, subcontractors or other parties consistent with Chapter 42.52 RCW Ethics in Public Service.
Unsolicited items of nominal value are restricted to the provisions of RCW 42.52.150.
Employees violating these provisions are subject to disciplinary action commensurate with the severity of the
violation, ranging from a letter of reprimand to termination of employment. Disciplinary actions shall be governed by
Improper Governmental Action Policy Chapter 11 City of Port Orchard Personnel Policies consistent with applicable
Federal law and the standards outlined in the Code of Federal Regulations Title 2; Grants and Agreements §200.318;
and applicable state statutes.
City of Port Orchard Page 14 of 22 Procurement Policies & Procedures
Page 144 of 202
DocuSign Envelope ID: CF201BD7-89F9-4B9C-BE9A-A5E34BC53958
EXHIBITS
Budget Adjustment Reauest
CITY OF PORT ORCHARD
CURRENT YEAR
BUDGET ADJUSTMENT REQUEST
To: City Treasurer Date:
Please transfer the following revenues and/or appropriations:
Back to Agenda
Exhibit 1
Decrease (from)
Increase (to)
category
acct. number
amount
category
acct. number
amount
Reason:
Requested By:
(Department Director)
1. To: City Treasurer
Comments:
Approved
2. To: Mayor
Comments:
Approved
3. To: Finance Department
Adjustment Recorded: AJ#_
Prepared By:
Not Approved Signature
Not Approved
Signature
Date:
Date:
Date:
Approved By:
City of Port Orchard Page 15 of 22 Procurement Policies & Procedures
Page 145 of 202
DocuSign Envelope ID: CF201BD7-89F9-4B9C-BE9A-A5E34BC53958 Back to Agenda J Exhibit 2
Washington State Prevailing Wage Law
CITY OF PORT ORCHARD
WASHINGTON STATE PREVAILING WAGE LAW
The Prevailing Wages on Public Works Act (Chapter 39.12 RCW) requires that employees of government contractors be
paid prevailing wages for all public work. Agencies awarding public works contracts include state agencies, counties,
municipalities and all political subdivisions of the state.
All public agencies, contractors performing public work, and construction workers on public works construction should be
aware of their rights and legal responsibilities. Failing to comply with the provisions of Chapter 39.12 RCW may subject
contractors and/or public agencies to liability for all unpaid prevailing wages and penalties.
The Department of Labor and Industries (L&I) administers the prevailing wage law. The Office of the Attorney General
provides legal counsel to L&I and prosecutes violators. The State Auditor's Office ascertains if a public agency's policies,
procedures and practices meet the requirements of the law.
Do not rely on this plain language description without reading the laws and regulations. The informal discussions below
are meant to be helpful when read in conjunction with the laws and WAC rules. They are not meant to be a substitute
for reading and understanding the laws. After reading the laws and regulations, please do not hesitate to contact the
Prevailing Wage Office with any questions you may have.
The Prevailing Wages on Public Works Act
Enacted in 1945, the Washington State Public Works Act, also known as the "prevailing wage law", is a worker protection
act. It requires that workers be paid prevailing wages when employed on public works projects, and on public building
service maintenance contracts. (RCW 39.04.010, RCW 39.12.010, and RCW 39.12.020)
The Public Works Act is modeled after the federal Davis -Bacon Act, which was enacted to protect the employees of
contractors performing public works construction from substandard earnings, and to preserve local wage standards.
The Public Works Act regulates wages paid to workers, laborers and mechanics performing public work. It does not apply
to work that is clerical, executive, administrative or professional in nature. For example, the Act does not apply to the
work of a secretary, engineer or administrator, unless they are performing construction work, alteration work, repair
work, etc. Prevailing Wage application depends on the work that is performed, regardless of the worker's job title. Any
doubts or questions regarding the applicability of the prevailing wage law should be directed to the Prevailing Wage
Office. (RCW 39.12.020 and WAC 296-128-510 through 530)
What Is Public Work?
Public work is all work, construction, alteration, repair or improvement that is executed at the cost of the state or any
other local public agency. This includes, but is not limited to, demolition, remodeling, renovation, road construction,
building construction, ferry construction and utilities construction. (RCW 39.04.010)
What Is Prevailing Wage?
Prevailing Wage is defined as the hourly wage, usual benefits and overtime, paid in the largest city in each county, to the
majority of workers, laborers, and mechanics. Prevailing wages are established, by the Department of Labor and
Industries, for each trade and occupation employed in the performance of public work. They are established separately
for each county, and are reflective of local wage conditions.
City of Port Orchard Page 16 of 22 Procurement Policies & Procedures
Page 146 of 202
DocuSign Envelope ID: CF201BD7-89F9-4B9C-BE9A-A5E34BC53958 Back to Agenda
mwaraine mgencies Kesponsi )mEies
1. Contracts for Public Work: Employers are not responsible for making the legal determination of whether a contract
does or does not meet the definition of a "public works" contract. Public agencies, in awarding a contract, must make
the determination of whether that contract involves "public work" and communicate it to the employers in the bid
specifications and contracts. The law does not allow public agencies to place this burden upon the employer. For
example, it is insufficient to state, "Contractors shall comply with the prevailing wage law, if applicable". Agencies
should seek the advice of legal counsel regarding when a contract is for public work. Before acting on advice that a
contract is not for public work, agencies should contact the Prevailing Wage Office for a determination of the
applicability of the statute. (RCW 39.04.010, RCW 39.12.030, RCW 39.12.040, and RCW 39.12.042)
2. Prevailing Wage Provisions: Awarding agencies must stipulate in bid specifications and contracts for public work that
workers shall receive the prevailing rate of wage. Those documents must also contain a list of the applicable prevailing
wage rates. Compliance with the law is not met by referring contractors to the department or other sources to obtain
wage rate information. RCW 39.12.030
3. Public Building Service Maintenance Contracts: Public building service maintenance (janitorial) contracts of more than
one year duration must include wage language recognizing the potential for future variance in applicable prevailing
wages each year after the first year of the contract. RCW 39.12.020 and WAC 296-127-023
4. Disbursal of Public Funds: Agencies may not make any payments where employers have not submitted an Intent form
that has been approved by the Industrial Statistician. Agencies may not release retainage until all employers have
submitted an Affidavit form that has been certified by the Industrial Statistician. The requirement to submit these
forms should also be stated in the contract. RCW 39.12.030, RCW 39.12.040 and RCW 39.12.042
5. Turnkey Projects (lessee/lessor relationships between public and private parties): Prevailing wages must be paid for
any work, construction, alteration, repair or improvement, other than ordinary maintenance, that the state or a
municipality causes to be performed by a private party through a contract to rent, lease, or purchase at least fifty
percent of the project by one or more state agencies or municipalities. RCW 39.04.260. It is the responsibility of the
awarding agencyto make an accurate determination as to whetherthe entire projectfalls within RCW 39.04.260 prior
to entering into a lease relationship for space in a privately owned building. The determination is based on whether
the awarding agency is causing the work to be performed and when at least fifty percent of the leased space is going
to be occupied by one or more public agencies. If RCW 39.04.260 applies, all work performed in conjunction with the
project is covered, not just the tenant improvements, and the project is subject to all provisions of RCW 39.12. Should
the awarding agency fail to comply with all the provisions of RCW 39.04.260 and RCW 39.12.040, the awarding agency
can be held responsible for any unpaid prevailing wages.
6. Contract Administration: Though not legally required, the following activities are recommended to ensure compliance
with the Public Works Act.
Job site inspections should be performed on a routine or periodic basis to verify compliance. These
inspections should include checking to see that a copy of the Intent is posted at the job site. Workers
should be randomly interviewed to verify that prevailing wages are received. Apprentice workers should
be asked to show their registration cards.
References should be checked when the agency is empowered to select the lowest responsible bidder.
The department can advise an agency regarding an employer's history of wage claims. Check the
Contractor Debarment List to find out if a contractor is debarred from bidding on public works projects.
Verify Contractor Registration Status and Verify Workers' Compensation Premium Status. Find out
whether a contractor or other employer has an industrial insurance (workers' compensation) account
with L&I and that their premiums are up to date.
City of Port Orchard Page 17 of 22 Procurement Policies & Procedures
Page 147 of 202
DocuSign Envelope ID: CF201BD7-89F9-4B9C-BE9A-A5E34BC53958
Purchase Quotation Sheet
Exhibit 3
Back to Agenda
CITY OF PORT ORCHARD
PURCHASE QUOTATION SHEET
Purchases of $7,500 or more require three (3) quotations which will become a part of the purchase request.
Purchase Order Number:
Commodity:
Required Delivery Date:
ITEM QTY I UNIT
NO.
Quote Required By: (Date) (Time) Name of Person Requesting:
Buyer:
Ship to Address:
SPECIFICATIONS
City:
State: I Zip Code:
BIDDER 1
BIDDER 2
BIDDER 3
Company:
Company:
Company:
Contact:
State:
Contact:
State:
Contact:
State:
Telephone Number:
Telephone Number:
Telephone Number:
Fax Number:
Fax Number:
Fax Number:
Quote Date:
Quote Date:
Quote Date:
PRODUCT QUOTED
Unit
Price
Total
Price
PRODUCT QUOTED
Unit
Price
Total
Price
PRODUCT QUOTED
Unit
Price
Total
Price
Total Price I I Total Price I I Total Price
City of Port Orchard Page 18 of 22 Procurement Policies & Procedures
Page 148 of 202
DocuSign Envelope ID: CF201BD7-89F9-4B9C-BE9A-A5E34BC53958
Back to Agenda
Exhibit 4
Sole Source Vendor Statement
CITY OF PORT ORCHARD
SOLE SOURCE VENDOR STATEMENT
Date
To: City Clerk's Office to file with contract
From: Fill — in department name and name of person signing this form
To Whom It May Concern:
This form justifies the proposed sole source purchase described below. In accordance with State of Washington
regulations (RCW 39.04.280), City of Port Orchard must procure material, equipment, supplies and services by
competitive means when the purchase is in excess of $7,500. However, in unusual circumstances the competitive
process may be waived and sole source purchasing approved, provided the requesting party can adequately justify its
use.
Sole source purchases are defined as clearly and legitimately limited to a single supplier. Sole source purchases are
normally not allowed except when based upon strong technological grounds such as operational compatibility with
existing equipment and related parts or upon a clearly unique and cost effective feature requirement. The use of sole
source purchases shall be limited only to those specific instances which are totally justified to satisfy compatibility or
technical performance needs.
If one of the reasons 1 through 3 below applies to this purchase, you need only to check the applicable reason and
describe item being purchased below. If reason 4 apply, please provide the item description and explanation below.
1.
[
]
Licensed, copyrighted, or patented products or services that only one vendor provides.
2.
[
]
New equipment or products that must be compatible with existing equipment or products.
3.
[
]
Proprietary or custom-built software or information systems that only one vendor provides.
4.
[
1
Products or services where only one vendor meets the required certifications or satutaory requirements.
Item Description:
If explanations 4 is used, please provide an explanation below. Explain why the identified vendor is recommended:
Signed Department Director or Designee
City of Port Orchard Page 19 of 22 Procurement Policies & Procedures
Page 149 of 202
DocuSign Envelope ID: CF201BD7-89F9-4B9C-BE9A-A5E34BC53958
Back to Agenda
Exhibit 5
Purchases through Interlocal Agreements
CITY OF PORT ORCHARD
PURCHASES THROUGH INTERLOCAL AGREEMENTS
City Contract No.:
Interlocal Agreement with (government agency or Purchasing Co -Op name):
Item Description:
Do you have an Interlocal agreement signed with the Contract (host) Agency?
❑ If yes, where is it filed:
❑ If no, get a mutually signed Agreement in place before you continue.
State OSP Contract No.#:
If you have an Office of State Procuement (OSP) contract number you may skip the remainder of this test
because the OSP contracts comply with remaining requirements and retain the documentation on hand for
SAO to review in the OSP offices.
Is this a technology contract?
❑ If yes, do your own rules allow for technology contracts to be negotiated?
❑ If your own rules allow for negotiated IT contracts, you can skip this test.
Is this a services contract?
❑ If yes, do your own rules allow services to be negotiated?
❑ If your own rules allow for negotiated services, you can skip the remainder of the test.
Are you using this as only one of multiple quotes, for a small purchase?
❑ If yes, you can skip the remainder of the test. Your purchase will not mandate the sealed bid rules.
Checklist for Required Compliance
Does the host agency have a requirement
0 Yes
0 No
Federal and State contract rules usually don't
to run a newspaper ad in their local paper
require a newspaper ad. For others, attach the
and did they comply
ad or place into the file
Did they list on a website? If so, state
13 Yes
E3 No
Always required. Indicate date, address and/or
when and the address. Attach proof if
attach or place into the file.
possible.
Did the bid & award comply with the
13 Yes
E3 No
If No, you cannot use the bid.
Host agency's codes and statutes?
Did bid contain any preference that is
13 Yes
E3 No
If Yes, you cannot use the bid.
illegal in your statutes such as WMBE
points?
City of Port Orchard Page 20 of 22 Procurement Policies & Procedures
Page 150 of 202
DocuSign Envelope ID: CF201BD7-89F9-4B9C-BE9A-A5E34BC53958
Back to Agenda
Exhibit 6
Change Order Form
CITY OF PORT ORCHARD
Authorization for Change Order No.
Date:
Project:
Contract / Job #
Brief Description of Change Order work:
Contractor:
Contract History
Amount Sales Tax Total Date Appvd by
Original Contract
Change Order 1
Total Contract $0.00
I have reviewed the Change Order information above and certify that to the best of my knowledge descriptions and costs
are true and accurate.
Contractor Approval Signature
Printed Name & Title
Change Orders that do not exceed 10% or a
maxium of $50,000 can be approved by the
Public Works Director.
Change Orders that do not exceed 10% or a
maxium of $100,000 are to be approved by the
Mayor.
Change Orders over $100,000 or exceed a total
of 10% require Council action.
Public Works Director/City Engineer
Printed Name
Approved:
Mayor
Attest:
City Clerk
Council Approval Date
City of Port Orchard Page 21 of 22 Procurement Policies & Procedures
Page 151 of 202
DocuSign Envelope ID: CF201BD7-89F9-4B9C-BE9A-A5E34BC53958
Back to Agenda
Exhibit 7
Purchase Order Form
Bill To:
Attn: Accounts Payable
City Of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
Ordered By:
Qty
CITY OF PORT ORCHARD
PURCHASE ORDER
P.O.
Date:
Ship To: City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
Authorized Signature:
City Clerk or Authorized Representative Signature
Description
Unit Price Total
----------------- ----
Subtotal
r--------------------
,Tax (9%)
HIS ORDER IS A CONFIRMATION:
HIS ORDER IS NOT A CONFIRMATION:
CCOUNT CODE:
----------------------
Est. Freight
--------------------y
Shipping
--------------------
Bal Due
----------------
City of Port Orchard Page 22 of 22 Procurement Policies & Procedures
Page 152 of 202
Back to Agenda
�_. City of Port Orchard
°Y1 ' 216 Prospect Street, Port Orchard, WA 98366
n `IN.
hi -1 (360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Business Item 7D Meeting Date:
Subject: Approval of Amendment No. 5 to Prepared by:
Contract 048-20 with Consor North
America, Inc. for Well No. 11 Site
Improvement Project
Atty Routing No.
Atty Review Date
July 11, 2023
Tony Lang
Public Works Director
366922-0009
July 5, 2023
Summary: The City is currently undertaking the McCormick Woods Well No. 11 Site Improvement
Project to make improvements to needed utility infrastructure (the "Project"). On May 26, 2020,
following a procurement process that complied with state and federal law and the City's procurement
policies, the City Council approved Contract No. C048-20 with engineering and consulting firm Consor
North America, Inc., formerly Murraysmith, Inc. (the "Consultant") for the Project (the "Agreement").
The Project was identified as a priority task for the Public Works Department, utilizing a phased
approach. On November 25, 2020, July 27, 2021, September 1, 2021, and November 17, 2022,
respectively, Amendments 1, 2, 3 and 4 were approved, ultimately extending the Agreement's
termination date to December 31, 2024, and increasing the Agreement's Time and Materials Not to
Exceed total to $723,406. Staff has determined that continued engineering services are required
through construction to support the continuation of the Project. The City and the Consultant have
conferred and agreed to an increased fee for the necessary continued work. As amended by this
proposed Amendment No. 5, the "Not to Exceed" amount of the Agreement will be increased by
$291,100 to a new total of $1,014,506, inclusive of all work performed and compensated to date. The
2023-2024 Budget includes funding for the continuation of service.
Recommendation: Staff recommends the Council authorize the Mayor to execute Amendment No. 5
to Contract No. C048-20 with Consor North America, Inc. for the McCormick Woods Well No. 11 Site
Improvement Project increasing the contract amount by $291,100, for a total amended contract
amount of $1,014,506.
Relationship to Comprehensive Plan: Chapter 7: Utilities
Motion for Consideration: I move to authorize the Mayor to execute Amendment No. 5 to Contract
No. C048-20 with Consor North America, Inc. for the McCormick Woods Well No. 11 Site Improvement
Project.
Fiscal Impact: The 2023-2024 Biennial Budget includes funding for the Project. Budgeted under GL
Code 413.05.594.34.60.
Alternative: Do not approve and provide alternative guidance.
Attachments: Amendment No. 5, Amendment Authorization, Exhibit A & B (revised), Courtesy Copy
of Agreement 048-20
Page 153 of 202
Back to Agenda
CITY OF PORT ORCHARD
Authorization for Amendment No. 5
Date: July 11, 2023
Project: McCormick Woods Well No. 11
Site Improvement Project
Contract / Job # C048-20
Contractor: Consor North America, Inc
600 University Street, Suite 300
Seattle, WA 98101
THIS CHANGE ORDER AUTHORIZES THE FOLLOWING CHANGES TO THE AGREEMENT:
Section 4 Compensation of the Agreement is hereby amended to read as follows:
TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed $1,014,506, inclusive of all
amounts paid prior to the execution of Amendment No. 5 to this Agreement, without written authorization and
will be based on the list of billing rates and reimbursable expenses attached hereto as Exhibit B (as revised)
In all other respects the Underlying Agreement between the parties shall remain in full force and effect, amended
as set forth herein, but only as set forth herein.
The amendment provides engineering services during construction for the McCormick Woods Well 11 Site
Improvements Project.
Contract History
Amount Sales Tax Total Date Appvd b
Original Contract
$94,673.00
$0.00
$94,673.00
26-Ma -20
Council
Amendment 1
$0.00
$0.00
$0.00
25-Nov-20
PW Director
Amendment 2
$628,733.00
$0.00
$628,733.00
27-Jul-21
Council
Amendment 3
$0.00
$0.00
$0.00
01-Se -21
PW Director
Amendment 4
$0.00
$0.00
$0.00
17-Nov-22
PW Director
Amendment 5
$291,100.00
$0.00
$291,100.00
11-Jul-23 Council
Total Contract $1,014,506.00 $0.00 $1,014,506.00
I have reviewed the Amendment information above and certifv that to the best of my knowledge
descriptions and costs are true and accurate.
Contractor Approval Signature
Printed Name & Title
%--
Public Works Director
Tony Lang
Printed Name
Change Orders that do not exceed 10%, with a maximum of
$50,000, of either legally authorized budget limit or contract Approved:
amount established by City Council can be approved by the Public
Works Director.
Change Orders that do not exceed 10%, with a maximum of Attest:
$100,000, of either legally authorized budget limit or contract
amount established by City Council are to be approved by the
Mayor.
Change Orders over $100,000 or exceed a total of 10% require
Council Action.
Mayor
City Clerk
Council Approval Date
PRjEg6514off'02
Back to Agenda
Amendment No. 5 to Contract No. C048-20
CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT WITH
Consor North America, Inc
THIS AMENDMENT No. 5 to Contract No. C048-20 ("Amendment") is entered into between the City of Port
Orchard, a Washington municipal corporation ("City" or "Port Orchard") and Consor North America, Inc, an
Oregon corporation ("Consultant"). City and Consultant are each a "Party" and together "Parties" to this
Amendment.
RECITALS:
WHEREAS, on the May 26, 2020, the City executed a Professional Services Agreement for Well 11
Site Improvements ("Underlying Agreement"); and
WHEREAS, on November 25, 2020, July 27, 2021, September 1, 2021, and November 17, 2022
respectively, Amendments 1, 2, 3 and 4 were approved, extending the Underlying Agreement's termination
date to December 31, 2024, and increasing the Agreement Time and Materials Not to Exceed to $723,406;
and
WHEREAS, continued engineering services through construction of the McCormick Woods Well 11
Site Improvements are required by the City, as described in Exhibit A attached hereto, that will exceed the
current value of the Underlying Agreement; and
WHEREAS, the Consultant and the City have conferred and agreed to increase the "Time and
Materials Not to Exceed" amount, Section 4 (Compensation), of the agreement, as amended, from
$723,406 to $1,014,506 in anticipation of the additional work; and
WHEREAS, the parties wish to memorialize their agreement and so modify the Underlying
Agreement;
NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and between
the parties thereto as follows:
FIFTH AMENDMENT TO AGREEMENT:
1. Amendment.
a. Section 4 Compensation of the Agreement is hereby amended to read as follows:
TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed
$1,014,506, inclusive of all amounts paid prior to the execution of Amendment No. 5 to this
Agreement, without written authorization and will be based on the list of billing rates and
reimbursable expenses attached hereto as Exhibit B (as revised).
Amendment No. 5 to Agreement between City of Port Orchard and Consor North America Inc.
Contract No. C048-20
Updated 4/2022 IBDR
PS4-*j655 affT29D2
Back to Agenda
2. Severability. The provisions of this Amendment are declared to be severable. If any provision
of this Amendment is, for any reason, held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other provision.
3. Entire Agreement. The written provisions and terms of this Amendment shall supersede all
prior verbal statements of any officer or other representative of the parties, and such statements shall not
be effective or be construed as entering into or forming a part of or altering in any manner whatsoever, this
Amendment. The entire agreement between the Parties with respect to the subject matter hereunder is
contained in the Agreement and exhibits thereto, any prior executed amendments and this Amendment.
Should any language in any of the Exhibits to the Agreement or prior amendments conflict with any
language contained in this Amendment, then this Amendment shall prevail. Except as modified by this
Amendment, all other provisions of the original Agreement and any amendments thereto not inconsistent
with this Amendment shall remain in full force and effect.
4. Effective date. This Amendment shall be effective as of July 11, 2023.
DATED this 11th day of July, 2023.
CITY OF PORT ORCHARD, WASHINGTON CONSULTANT
Robert Putaansuu, Mayor Signature
ATTEST/AUTHENTICATED: Printed Name and Title
Brandy Wallace, MMC, City Clerk
APPROVED AS TO FORM:
Charlotte A. Archer, City Attorney
Amendment No. 5 to Agreement between City of Port Orchard and Consor North America Inc.
Contract No. C048-20
Updated 4/2022 IBDR
PS4-*j6aoff T29D2
Back to Agenda
EXHIBIT A
SCOPE OF SERVICES
McCORMICK WOODS WELL 11 SITE IMPROVEMENTS
ENGINEERING SERVICES DURING CONSTRUCTION
(ESDC)
CITY OF PORT ORCHARD
Background
This Scope of Services includes engineering services during construction (ESDC) for the City of Port
Orchard's (City) McCormick Woods Well 11 Improvements project, which was designed by Consor North
America, Inc. (Connor). The scope and fee estimate have been developed based on Consor's understanding
of the project needs.
Consor services are expected to commence in July 2023. ESDC as part of this contract are expected to be
completed by July 2024.
Scope of Services
The Scope of Services consists of the following major tasks.
➢ Task 1— Project Management and Coordination
➢ Task 2 — Engineering Services During Construction
➢ Task 3 — Contingency
A detailed breakdown of the tasks and subtasks that comprise the Scope of Services follows and aligns with
the tasks included in the Fee Estimate (Exhibit B).
Task 1 — Project Management and Coordination
Provide team guidance aligned with City objectives. Coordinate, monitor, and control the project resources
to meet the technical, communication, and contractual obligations required for providing the engineering
support service activities included in this contract.
Subtask 1.1 Coordination with City
Coordinate with City staff regarding construction work activities, project needs and issues through e-mails
and phone calls.
Subtask 1.2 Invoices and Budget Oversight
Prepare invoice and monthly progress reports that include work completed, costs incurred, budget status,
amendments, variances between planned and actual performance, tasks issues, approved out of scope
items and associated costs, and issues that may result in an increase in the total Consor contract price.
PRjEjd5Ac[f1R)2 Consor • May 2023 • City of Port Orchard
Well 11 ESDC • 1
Back to Agenda
Subtask 1.3 Pre -Construction Meeting
Attend the Pre -Construction Meeting with up to four (4) consultant team members in attendance. Provide
input on meeting notes following the meeting.
Assumptions
➢ Coordinate with the City via phone for up to ten (10), 30-minute coordination calls
➢ Contractor's schedule governs the work performed
➢ Anticipated construction notice -to -proceed is July 2023
➢ Up to twelve (12) months of invoicing and progress reporting are included
➢ Two (2) consultant staff members to attend Pre -Construction Meeting
➢ Pre -Construction Meeting will be up to six (6) hours in duration, including travel
Deliverables
➢ Monthly invoice with project status reports
➢ Correspondence, e-mails, and other documentation
➢ Pre -Construction Meeting Notes Review and Input
Task 2 — Engineering Services During Construction (ESDC)
Work under this task includes engineering services to support the construction phase of the project.
Subtask 2.1 Construction Meetings
Attend up to ten (10) virtual construction meetings when requested by the City's Construction
Management (CM) Representative.
Subtask 2.2 Design Modifications
Provide up to four (4) design modifications and accompanying plan changes to support required field
modifications to maintain design intent and functionality.
Subtask 2.3 Submittal Reviews
Review and comment on up to one hundred -twenty (120) total submittals, shop drawings, and other
technical submittals from the Contractor for general conformance with the requirements of the Contract
Documents.
Subtask 2.4 Requests for Information
Prepare responses for up to fifty (50) Contractor requests for information (RFls).
Subtask 2.5 Change Order Review
Provide review of up to four (4) Contractor proposed change orders.
Consor • May 2023 • City of Port Orchard
Well 11 ESDC • 2 PRjEge5Baff1H)2
H:\EVT_Projects\20\2839.01- Port Orchard -Well 11 Amendment 2\_Project Management\ESDC Scope and Fee\Exhibit A -Port Orchard Well 11 ESDC Scope_V3.docx
Back to Agenda
Subtask 2.6 Construction Observation Site Visits
Attend up to ten (10) construction observation site visits.
Subtask 2.7 Review of Operations and Maintenance (O&M) Manuals
Review equipment C&M Manuals.
Subtask 2.8 Commissioning Site Visit
Attend one (1) commissioning site visit with City operations staff.
Subtask 2.9 Record Drawings
Prepare record drawings based on Contractor and field inspector markups.
Subtask 2.10 Construction Special Inspections
Provide materials testing and special inspections during construction.
Assumptions
➢ Meetings will be attended virtually by up to two (2) Consultant team members and will be up to
one (1) hour in duration
➢ Meeting notes will be produced by the City's CM Representative
➢ An average design modification is anticipated to require up to four (4) hours of effort for the project
engineer, with up to two hours of review for QA/QC
➢ Not all submittals will require Consor review; submittals will be sent to Consor by the City's CM
Representative when design engineer input is desired
➢ An average of four (4) hours of review time is assumed per submittal (three hours for first round
review, and one hour for resubmittal review). Up to one re -submittal is anticipated per submittal.
Submittals requiring more than one resubmittal review require additional effort beyond this scope
of services and will require additional budget.
➢ Submittal review comments will be submitted to the City's CM Representative.
➢ Not all RFls will require Consor input, RFls will be sent to Consor by the City's CM Representative
when design engineer input is desired.
➢ An average of two (2) hours will be required to respond to each RFI
➢ RFI responses will be submitted to the City's CM Representative.
➢ Not all change orders will require Consor input; change orders will be sent to Consor by the City's
CM Representative when design engineer input is desired.
➢ An average of four (4) hours will be required per change order review
➢ Change order review comments will be submitted to the City's CM Representative
➢ Each site visit will be up to four (4) hours in duration, including travel time
Consor • May 2023 • City of Port Orchard
PRjq16Saff1ZD2 Well 11 ESDC • 3
H:\EVT_Projects\20\2839.01 -Port Orchard -Well 11 Amendment 2\Project Management\ESDC Scope and Fee\Exhibit A - Port Orchard Well 11 ESDC Scope_V3.docx
Back to Agenda
➢ Site visit observation report will be developed in Word or similar format and will be submitted to
the City's CM Representative.
➢ 0&M Manual review will take up to forty-eight (48) hours in duration
➢ Commissioning site visit will take up to twelve (12) hours in duration, including travel time, and
does not include any commissioning services
➢ Record drawing markups will be provided to Consor by the City in a single, consolidated set. Record
drawings will be prepared in AutoCAD format using the latest version of Civil 3D.
➢ Special inspections and material testing will include the following:
Foundation & Slab Subgrade Compaction I VS]
Utility Tr=ch C ompai.tion
Site Subgrade & Rock Course Compaction- all paved areas and
Proof Rolls
Asphalt Paving includes IZOW work
Sarnplc Pickup if Required (AIjowance)
Footings
StemwalIs and CIP Nulls
Interior Slab on Grade and Pads
Structural Masonry & Brick Veneer Anchorage
Structural Wood Framing - Seismic Resistant Construction
Epoxy &. Expansion Anchors Allowance
Moisture Density Relationship/Proctor with Sieve
Rice Density
Conorete Compression Test Cylinders - 4" x V - Sets of
Masonry Prism Compression Test
Deliverables
➢ Design modifications, stamped by a Professional Engineer licensed in the state of Washington
➢ Submittal reviews
➢ RFI responses
➢ Change order reviews
➢ Site visit observation report documenting conditions, activities, and summary of discussions and
any issues noted.
➢ As -built plan markups
➢ O&M Manuals review
➢ Commissioning site visit report
➢ Record drawings
Consor • May 2023 • City of Port Orchard
Well 11 ESDC • 4 PRjEge6Dadf18D2
H:\EVT_Projects\20\2839.01- Port Orchard -Well 11 Amendment 2\_Project Management\ESDC Scope and Fee\Exhibit A -Port Orchard Well 11 ESDC Scope_V3.docx
'Back to Agenda
➢ Inspection and testing reports
Task 3 — Contingency
Project contingency includes budget for additional, unanticipated labor and/or expenses not specifically
identified in the scope of services defined above. Such work items will be undertaken only after written
authorization has been provided by the City's Project Manager.
Assumptions
To be determined.
Deliverables
To be determined.
Proposed Schedule
Work will begin upon receipt of a signed contract and notice to proceed, or other agreeable written
authorization. The project duration is based on the contractor's schedule and an anticipated completion
date twelve (12) months from notice to proceed is assumed.
Fee Estimate
The detailed fee estimate is provided as Exhibit B.
Payment will be made at the Billing rates for personnel working directly on the project, which will be made
at the Consultant's Hourly Rates, plus Direct Expenses incurred. Subconsultants, when required by the
Consultant, will be at actual costs plus a 10 percent fee to cover administration and overhead. Direct
expenses will be paid at the rates shown in the table below.
Direct Expenses
Expenses incurred in-house that are directly attributable to the project will be invoiced at actual cost. These
expenses include the following.
Computer Aided Design and Drafting $18.00/hour
GIS and Hydraulic Modeling $10.00/hour
Mileage Current IRS Rate
Postage and Delivery Services At Cost
Printing and Reproduction At Cost
Travel, Lodging, and Subsistence At Cost
Consor • May 2023 • City of Port Orchard
PFgM611affM)2 Well 11 ESDC • 5
H:\EVT_Projects\20\2839.01- Port Orchard -Well 11 Amendment 2\_Project Management\ESDC Scope and Fee\Exhibit A -Port Orchard Well 11 ESDC Scope_V3.docx
Back to Agenda
C �
ENGINEERING
May 01, 2023
civil & structural
engineering & planning
Consor
Erika Schuyler, PE, PMP, Vice President
600 University Street, Suite 300
Seattle, WA 98101
206.462.7030
erika.schuyler@consoreng.com
Proiect
City of Port Orchard Well 11 Facility Improvements
Port Orchard, WA 98378
Scope of Work
CG Engineering provided the structural engineering design of a single -story CMU building with a light framed
roof. The proposed building will house pumps, a filtration system, mechanical and electrical equipment, and
chemical storage.
For this scope of work, CG Engineering will provide construction support related to the structural engineering
documents. We anticipate this effort to include the review of shop drawings and submittals (such as rebar
drawings), substitution requests, instruction and interpretation of the drawings, periodic site visits, and
responses to contractor's questions & RFI's. At the end of construction, we will prepare as -built drawings
based on red -lines from the contractor. We have included participation in the preconstruction meeting,
attendance at up to (5) virtual construction meetings, and up to (3) site visit during construction.
Structural CA Fee = $16,320.00 (NTE)
250 4th Avenue South, Suite 200
Edmonds, WA 98020
PRjEgNP df129D2 ph. 425.778.8500 1 f. 425.778.5536
www.cgengineering.com
Back to Agenda
City of Port Orchard Well 11 Facility Improvements May 1, 2023
CG Engineering Page 2 of 2
2023 Schedule of Charges
Personnel Charges
Hourly Rate
Managing Principal
$250.00
Principal
$230.00
Associate Principal
$205.00
Project Manager
$185.00
Structural Engineer III
$155.00
Structural Engineer II
$135.00
Structural Engineer 1
$115.00
Civil Engineer 111
$155.00
Civil Engineer 11
$135.00
Civil Engineer 1
$115.00
Planner
$145.00
CAD Drafter 111
$120.00
CAD Drafter II
$105.00
CAD Drafter 1 $90.00
Clerical $90.00
Rates are subject to change on a yearly basis.
250 4th Avenue South, Suite 200
Edmonds, WA 98020
ENGINEERING ph.425.778.8500 1 f.425.778.5536
Pggge160 of 292 www.cgengineering.com
tack to Agenda Exhibit A
CITY OF PORT ORCHARD WELL 11 IMPROVEMENTS
STRUCTURAL ENGINEERING CA
LEVEL OF EFFORT
CG ENGINEERING
LABOR CLASSIFICATION (HOURS)
ESTIMATED FEES
Principal
SE III
SE II
CAD
Drafter II
Clerical
Total Hours
Total Cost
$230
$155
$135
$105
$90
Construction Support
Preconstruction Meeting / Site Visits (Assume 3)
4
16
20
$3,400.00
Virtual Construction Meetings (Assume 5)
6
6
12
$2,310.00
Submittal Review (Assume 6)
1
2
18
21
$2,970.00
Response to RFI's (Assume 6)
1
2
12
15
$2,160.00
Clarification Sketches (Assume 2)
1
2
4
6
13
$1,710.00
Structural Observation Reports (Assume 3)
1 1
1 2
1 6
1
1
1 9
$1,350.00
Preparation of Record Drawings
2
2
6
8
18
$2,420.00
OTAL ANTICIPATED CA EFFORT
16
32
14
0
108
$16,320.00
PlRggelM of 292
Back to Agenda
INDUSTRIAL SYSTEMS, Inc.
PROJECT DESIGN ESTIMATE Industrial
PROJECT NO.: CLIENT: Consor Systems Inc.
DATE: May 4, 2023 ROJECT: Port Orchard PS CA
PREPARED BY: T.Collison FEE CALCULATIONS AND SUMMARY
MANHOURS
STAFF
CLASS HOURS RATE COSTS
PROJECT TASKS
P
PM
SE
E
El
T
D
CL
TOTAL
(P) $210.00
(PM) 32.5 $190.00 $6,175.00
(SE) 99 $168.00 $16,632.00
(E) $156.00
(EI) $128.00
(T) $112.00
(D) 12 $84.00 $1,008.00
(CL) 22.5 $67.00 $1,507.50
TOTAL FEE: $25,322.50
MISC. EXPENSES: 5.0 % $1,266.13
AIR:
mileage 1280 0.655 $838.40
hotel 4 $250.00 $1,000.00
rental car
meals 8 $25.00 $200.00
OTHER:
OTHER:
OTHER:
SUBTOTAL EXPENSES: $3,304.53
TOTAL COSTS: $28,627.03
CONTINGENCY: 5.00% $1,431.35
TOTAL BUDGET: $30,060.00
PRINT DATE: 5/4/2023
Submittal Reviews
3
18
4.5
$3,896
RFIs (3 ea)
3
9
9
$2,685
In person pre con
1
16
$2,878
In person site visit (3)
16
32
$8,416
Virtual progress meetings (5 ea)
7.5
5
$1,760
Record Drawings
1
12
12
$3,214
O&M Manual Review
1
12
4
$2,474
TOTALS:
32.5
99
12
22.5
STAFF CLASSIFICATIONS:
P: PRINCIPAL
PM: PROJECT
SE: SENIOR
E: ENGINEER/SENIOR
T: TECHNICIAN
D: DRAFTING
CL: CLERICAL
MANAGER
ENGINEER
TECHNICIAN
IS Estin ate-PoxtC=haad PS -CA -Rev 1.0 ;T" I
PIRgge169 of 292
Erika Schuyler, P.E.
Consor
600 University Street — Suite #300
Seattle, WA 98101
Subject: City of Port Orchard — Well #11 — E, I&C CA - Rev 1.0 — 21.55.01
Dear Ms. Schuyler,
Back to Agenda
May 4, 2023
Industrial Systems, Inc. is pleased to provide you with the following proposal for Electrical and
Control System Design Services. As always, we look forward to working with you on this project.
Summary:
Consor and Industrial Systems recently completed design of a reservoir, well and booster pump
station for the City of Port Orchard, WA. This project was initially scoped a little over two years
ago and was expected to be completed in short order but was for various reasons delayed
repeatedly. The project scope underwent many changes during design and was finally issued for
bid within the past month.
Our scope in 2021 included a nominal scope and fee for services during construction; however,
those services were struck from the Task Order issued at that time. We have now been asked to
provide more involved scope that provides a significant amount of time onsite and ongoing
participation in construction coordination in addition to the traditional submittal reviews and RFI
responses.
This proposed scope of services is to provide the electrical, instrumentation and control design
construction services for the subject project as requested last week via email.
Scope of Work:
Provide construction services for the subject project. This includes submittal
reviews and RFI responses but does not include reissuance of any design
components to accommodate changes to the project.
2. Participate in an onsite pre -construction coordination meeting
3. Participate in occasional site visits to observe progress and workmanship with an
eye toward contract document compliance.
4. Participate in ongoing virtual coordination meetings as defined herein.
5. Provide project closeout assistance with updating drawings to include contractor
marks and review of submitted O&M Manuals.
12119 NE 991h St. Suite 2090 Vancouver, WA 98682
Voice: (360) 718-7267 Fax: (360) 952-8958
OR CCB# 1%Mo1��USS1880K9
May 4, 2023 Back to Agenda
P20.28: City of Port Orchard — Well #11 — E, I&C CA - Rev 1.0
21.55.01
Page 2 of 4
Deliverables:
1. Submittal Reviews of electrical and instrumentation related components.
a. No more than 2 reviews for any one product
2. Respond to RFIs (3 ea.)
3. Attend in -person preconstruction meeting.
4. Participate in up to 3 in -person site visits during construction.
a. Site visits are anticipated to provide approximately 4 hours on site for each.
5. Participate in periodic virtual construction progress and coordination meetings. (5
ea.)
6. Prepare Record Drawings
a. Based on contractor marks
7. Review and comment on O&M Manual
Assumptions:
1. A mutually agreeable schedule will be negotiated for completion of this work.
2. Where end user contract with Consor requires insurance beyond the current
certificate Industrial Systems has on file with Consor, Consor will notify us of
additional requirements prior to submitting an estimated fee.
Exclusions:
1. PLC and SCADA programming.
2. Photometric calculations and plan drawings.
3. Permitting assistance.
4. Utility coordination.
5. Deliverables not defined herein.
6. Services not specifically listed herein.
7. Site visits other than listed above.
Pgggel64 of 292
May 4, 2023 Back to Agenda
P20.28: City of Port Orchard — Well #11 — E, I&C CA - Rev 1.0
21.55.01
Page 3 of 4
Fee Proposal:
Industrial Systems, Inc. proposes to provide the services and materials listed above on a T&M —
basis. The fees shall be as listed in the summary below and include an estimate for Travel &
Expenses.
Estimated Cost........................................................................................ $ 30,060.00
Terms shall be as stated in the November 22, 2022, Master Services Subconsultant Agreement
No. W22064068 between Consor and Industrial Systems, Inc.
For the purpose of time and material work and any hourly work agreed to beyond this scope, the
enclosed billing rates shall be considered as our standard rates. Our standard rates shall be
subject to annual revision.
Multi -year projects are subject to annual rate increases and contract amount escalations of up to
5% per year.
Please feel free to call with any questions that you might have. Again, we look forward to working
with you on this project.
V" 2 gww'd 5/4/2023
Minh Q. Huynh Date
Enclosures: Rate Schedule & Estimated Hours
PIRggo168 of 202
Back to Agenda
12119 NE 991h Street
Suite #2090
Vancouver, WA 98682
Phone: (360) 718-7267 Fax: (360) 952-8958
Email: is(@is-inc.com
2023 RATE SCHEDULE
PRINCIPAL........................................................................$210 /HR
PROJECT MANAGER.........................................................$190 /HR
SENIOR DESIGN/PROGRAMMING STAFF.............................$168 /HR
DESIGN / PROGRAMMING STAFF........................................$156 /HR
JUNIOR DESIGN/PROGRAMMING STAFF..............................$128 /HR
TECHNICIAN....................................................................$112 /HR
DRAFTING..........................................................................$84 /HR
CLERICAL...........................................................................$67 /HR
MILEAGE AND OTHER EXPENSES............................................COST PLUS 20%
(The 2023 IRS allowable mileage rate is assumed to be $0.655/mile)
Expires: 12/31/23 - Subject to revision after this date
1�1Na
Back xhibit A
JL& 11AIMIAhilmmsmft
MATERIALS TESTING & CONSULTING, INC.
Date: May 22, 2023
Client Name: Consor Contact: Erika Schuyler, PE, PMP
Address: 600 University Street, Suite #300, Seattle, WA 98101 Phone: in: +1.206.354.7353
Email: Erika. Schuyler(&consoreng com Geotech of Record: NA
ENG. CG Based on Plans Dated: Mar 01, 2023
Project: Name / City of Port Orchard Well 11-5171 St.Andrews Drive, Port Orchard, WA 98367
Materials Testing & Consulting, Inc. (MTC) thanks you for the opportunity, and respectfully submits the following proposal to provide materials
testing and special inspection services during construction of the above -referenced project. Combined with our past experience with projects of
similar size and scope, we estimate the total cost of our services for this project to be:
gill Code
Item / Description
Unit
Quantity
Rate
Total
'DS
Foundation & Slab Subgrade Compaction / VSI
Hour
24
$
80.00
$ 1,920.00
3DS
Utility Trench Compaction
Hour
18
$
80.00
$ 1,440.00
Site Subgrade & Rock Course Compaction- all paved areas and
14
80.00
1,120.00
?DS
Proof Rolls
Hour
$
$
?DA
Asphalt Paving includes ROW work
Hour
18
$
80.00
$ 1,440.00
AMPU
Sample Pickup if Required (Allowance)
Hour
1
$
80.00
$ 80.00
.0
Footings
Hour
18
$
85.00
$ 1,530.00
.0
Stemwalls and CIP Walls
Hour
24
$
85.00
$ 2,040.00
.0
Interior Slab on Grade and Pads
Hour
15
$
85.00
$ 1,275.00
M
Structural Masonry & Brick Veneer Anchorage
Hour
60
$
85.00
$ 5,100.00
WD
Structural Wood Framing - Seismic Resistant Construction
Hour
12
$
95.00
$ 1,140.00
A
Epoxy & Expansion Anchors Allowance
Hour
12
$
85.00
$ 1,020.00
Subtotal - Special & Construction Inspection:
$ 18,105.00
,aboratory
gill Code
Item / Description
Unit
Quantity
Rate
Total
ROC
Moisture Density Relationship/Proctor with Sieve
Each
2
$
320.00
$ 640.00
.ICE
Rice Density
Each
3
$
100.00
$ 300.00
'ONC
Concrete Compression Test Cylinders - 4" x 8" - Sets of 5
Each
55
$
30.00
$ 1,650.00
RISM
Masonry Prism Compression Test
Each
3
$
105.00
$ 315.00
Subtotal -
Laboratory Testing:
S 2,905.00
Code Item / Description Unit Quantity Rate Total
- STR Project Management Hour 11 $ 95.00 $ 1,045.00
Subtotal - Project Management & Consulting Services: $ 1,045.00
• Soils inspection and testing services are proposed to measure compliance with project documents, including drawings, specifications and the recommendation of the
soils report. In the event that a test or tests fail to meet the soils report's recommendations or if project conditions differ from approved project documents, it shall be
referred to the Geotechnical Engineer of Record for resolution.
• Prices are subject to change if this agreement is not executed within 90 days from the date of the bid.
• All services will be provided on a time and materials basis. The total is an estimate and the actual construction cost will be based on the project schedule and
sequencing. The estimate is not a guaranteed price. A four hour minimum charge applies to all work performed, billing is also based on a portal to portal basis. A
premium rate of 1.5 times the regular rate will be charge for overtime and 2 times the regular charge for Sunday's and holidays.
• MTC will utilize the laboratory based closest to the project site. MTC offers additional services upon request which will be billed at our regular fee schedule.
Acceptance of this proposal will constitute agreement to MTC standard general terms and conditions.
Environmental • Geotechnical Engineering • Special Inspection • Non -Destructive Testing • Materials Testing
Burlington • Olympia • Bellingham • Silverdale • Tukwila
p: 360.755.1990 • £ 360 5�5. 0 • www.mtc-inc.net
ge o
Back .xhibit A
ALk ftfl T - t IlAlmldhidb 01111mamil
MATERIALS TESTING & CONSULTING, INC.
Date: May 22, 2023
Client Name: Consor
Address: 600 University Street, Suite #300, Seattle, WA 98101
Email: Erika. Schuyler(cDconsoreng corn
Contact:
Phone:
Erika Schuyler, PE, PMP
Geotech of Record:
ENG. CG Based on Plans Dated.
Project: Name / City of Port Orchard Well 11-5171 St.Andrews Drive, Port Orchard, WA 98367
in: +1.206.354.7353
NA
Mar 01, 2023
• Invoices are due and payable upon receipt. Any invoice not paid within thirty (30) days of the date rendered may be assessed a finance charge of one -and -one-half
(1'/2%) percent per month, for each month beyond thirty (30) days past due. Invoices not paid within sixty (60) days of the date rendered may result in MTC stopping
work until such invoices are paid in full. Invoices not paid within ninety (90) days of the date rendered may be referred to an independent company for collection.
Client will be responsible for all expenses incurred by MTC for the collection of any unpaid invoice(s), including collection fees, actual attorneys' fees, and costs for
legal counsel as stated in RCW 19.16.250.21. Furthermore, Client acknowledges that MTC may elect to withhold a Final Letter of Compliance for the project, and/or
place a lien on any real property until all outstanding invoices and/or fees have been paid in full.
• As a mutual protection to clients, the public and ourselves, all reports are submitted as the confidential property of clients, and authorization for publication of
statements, conclusions or extracts from or regarding our reports is reserved pending our written approval.
• In closing, our experienced inspection staff will ensure the highest level of quality is brought to your project. We believe that our local staff and vast experience on
projects of similar size and scope make MTC the clear team member of choice for this project. We look forward to working with you.
Respectfully Submitted,
DeaneRamsdell
360-508-6336
DHR2mtc-inc.net
Client Authorized Signature
Printed Name & Title
Environmental • Geotechnical Engineering • Special Inspection • Non -Destructive Testing • Materials Testing
Date
Burlington • Olympia • Bellingham • Silverdale • Tukwila
p: 360.755.1990 • £ 360.755.1980 0 • www.mtc-inc.net
PONd ge 0
black to Agenda Exhibit B
M<CORMICK WOODS WELL 11 SITE IMPROVEMENTS - ENGINEERING SERVICES DURING CONSTRUCTION
CITY OF PORT ORCHARD
PROPOSED FEE ESTIMATE
VI
In&
------------------
------------------
PBggd 79 of 292
Back to Agenda
CITY OF PORT ORCHARD PROFFSSIONAI, SERVICES AGREEMENT
THIS Agreement is made effective as of the 26" day of May 2020, by and between the City of
Port Orchard, a municipal corporation, organized under the laws of the State of Washington, whose address
is:
CITY OF PORT ORCHARD, WASHINGTON (hereinafter the "CITY")
216 Prospect Street
Port Orchard, Washington 98366
Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029
and, Murraysmith, Inc. a corporation, organized under the laws of the State of Oregon, doing
business at:
600 University Street, Suite 300 (hereinafter the "CONSULTANT")
Seattle, WA 98I01
Contact: Erika Schuyler, PE, PMP Phone: 206.462.7030
Principal Engineer
for professional services in connection with the following Project:
2020-2021 McCormick Woods Well No. I1Phase I - Site Improvement {Schematic 30YQ Project
TERMS AND CONDITIONS
1. Services by Consultant.
A. The Consultant shall perform the services described in the Scope of Work attached to this
Agreement as Exhibit "A." The services performed by the Consultant shall not exceed the Scope of Work
without prior written authorization from the City.
B. The City may from time to time require changes or modifications in the Scope of Work.
Such changes, including any decrease or increase in the amount of compensation, shall be agreed to by the
parties and incorporated in written amendments to the Agreement.
2. Schedule of Work.
A. The Consultant shall perform the services described in the Scope of Work in accordance
with the tasks identified within Exhibit "A" and the terms of this Agreement. If delays beyond the
Consultant's reasonable control occur, the parties will negotiate in good faith to determine whether an
extension is appropriate.
B. The Consultant is authorized to proceed with services upon receipt of a written Notice to
Proceed.
City of Port Orchard and Murraysmiik Inc.
Professional Service Agreement Contract No.0048-20
UAUulity Mmegc6Wa1eAWe13s%Wc11 iI1Admi.%Mumy SmAhIMS PhlC 47aa - WtiI I i Six $rnprar -i%do
Rev 7118/20L9
1 of 10
Page 173 of 202
Back to Agenda
3. Terms. This Agreement shall commence on May 26, 2020 ("Commencement Date") and shall
terminate December 31, 2020 unless extended or terminated in writing as provided herein. The
City reserves the right to offer two (2) one-year extensions prior to contract expiration to
retain the selected company's services.
4. Compensation.
❑ LUMP SUM. Compensation for these services shall he a Lump Sum of
X TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed
S94,673.00 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
f OTHER.
5. Payment.
A. The Consultant shall maintain time and expense records and provide them to the City
monthly after services have been performed, along with monthly invoices in a format acceptable to the City
for work performed to the date of the invoice.
B. All invoices shall be paid by City warrant within thirty (30) days of receipt of a proper
invoice. If the City objects to all or any portion of any invoice, it shall so notify the Consultant of the same
within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in dispute, and
the parties shall immediately make every effort to settle the disputed portion.
C. The Consultant shall keep cost records and accounts pertaining to this Agreement available
for inspection by City representatives for three (3) years after final payment unless a longer period is
required by a third -party agreement. Copies shall be made available on request.
D. On the effective date of this Agreement (or shortly thereafter), the Consultant shall comply
with all federal and state laws applicable to independent contractors, including, but not limited to, the
maintenance of a separate set of books and records that reflect all items of income and expenses of the
Consultant's business, pursuant to Revised Code of Washington (RCW) 51.08.195, as required by law, to
show that the services performed by the Consultant under this Agreement shall not give rise to an employer -
employee relationship between the parties, which is subject to Title 51 RCW, Industrial Insurance.
E. If the services rendered do not meet the requirements of the Agreement, the Consultant will
correct or modify the work to comply with the Agreement. The City may withhold payment for such work
until the work meets the requirements of the Agreement.
6. Discrimination and Compliance with Laws
Ciro of fort Orchard and Murraysmith. Inc.
Professional Service agreement Contract No.0048-20
U'0141ity M*"WT%WaWAWe NM011 t lWminWlur y 5mith%MS Ph[ Conlymn - WdE 11 Sic Impwements Aua
Rev 711V2019
2 of 10
Page 174 of 202
Back to Agenda
A. The Consultant agrees not to discriminate against any employee or applicant for
employment or any other person in the performance of this Agreement because of race, creed, color,
national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or
local law or ordinance, except for a bona fide occupational qualification.
B. Even though the Consultant is an independent contractor with the authority to control and
direct the performance and details of the work authorized under this Agreement, the work must meet the
approval of the City and shall be subject to the City's general right of inspection to secure the satisfactory
completion thereof. The Consultant agrees to comply with all federal, state and municipal laws, rules and
regulations that are now effective or become applicable within the term(s) of this Agreement to the
Consultant's business, equipment and personnel engaged in operations covered by this Agreement or
accruing out of the performance of such operations.
C. The Consultant shall obtain a City of Port Orchard business license prior to commencing
work pursuant to a written Notice to Proceed.
D. Violation of this Paragraph 5 shall be a material breach of this Agreement and grounds for
cancellation, termination, or suspension of the Agreement by the City, in whole or in part, and may result
in ineligibility for further work for the City.
7. Relationship of Parties. The parties intend that an independent contractor -client relationship will
be created by this Agreement. As the Consultant is customarily engaged in an independently established
trade which encompasses the specific service provided to the City hereunder, no agent, employee,
representative or sub -consultant of the Consultant shall be or shall be deemed to be the employee, agent,
representative or sub -consultant of the City. In the performance of the work, the Consultant is an
independent contractor with the ability to control and direct the performance and details of the work, the
City being interested only in the results obtained under this Agreement. None of the benefits provided by
the City to its employees, including but not limited to compensation, insurance, and unemployment
insurance, are available from the City to the employees, agents, representatives or sub -consultants of the
Consultant. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents,
employees, representatives and sub -consultants during the performance of this Agreement. The City may,
during the term of this Agreement, engage other independent contractors to perform the same or similar
work that the Consultant performs hereunder.
S. Suspension and Termination of Agreement
A. Termination without cause. This Agreement may be terminated by the City at any time for
public convenience, for the Consultant's insolvency or bankruptcy, or the Consultant's assignment for the
benefit of creditors.
B. Termination with cause. This Agreement may be terminated upon the default of the
Consultant and the failure of the Consultant to cure such default within a reasonable time after receiving
written notice of the default.
C. Rights Upon Termination.
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
City of fort Orchard and Murraysmith, Inc.
Professional Service ,4greer'nent Contract No.CO48-20
L1:L[JtiEity ManagnLWuerlWellslWpll I MciminWiur y Smi1MMS Phi Contras • W41 11 Site Smproy M"4 dv
Rory 7/19/2019
3 of 10
Page 175 of 202
Back to Agenda
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.
2. Default. If the Agreement is terminated for default, the Consultant shall not be
entitled to receive any further payments under the Agreement until all work called for has been
fully performed. Any extra cost or damage to the City resulting from such default(s) shall be
deducted from any money due or coming due to the Consultant. The Consultant shall bear any extra
expenses incurred by the City in completing the work, including all increased costs for completing
the work, and all damage sustained, or which may be sustained, by the City by reason of such
default.
D. Suspension. The City may suspend this Agreement, at its sole discretion. Any
reimbursement for expenses incurred due to the suspension shall be limited to the Consuitant's reasonable
expenses, and shall be subject to verification. The Consultant shall resume performance of services under
this Agreement without delay when the suspension period ends.
E. Notice of Termination or Suspension. If delivered to the Consultant in person, termination
shall be effective immediately upon the Consultant's receipt of the City's written notice or such date as
stated in the City's notice of termination, whichever is later. Notice of suspension shall be given to the
Consultant in writing upon one week's advance notice to the Consultant. Such notice shall indicate the
anticipated period of suspension. Notice may also be delivered to the Consultant at the address set forth in
Section 15 herein.
9. Standard of Care. The Consultant represents and warrants that it has the requisite training, skill
and experience necessary to provide the services under this Agreement and is appropriately accredited and
licensed by all applicable agencies and governmental entities. Services provided by the Consultant under
this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily
exercised by members of the same profession currently practicing in similar circumstances.
10. Ownership of Work Product.
A. All data, materials, reports, memoranda, and other documents developed under this
Agreement whether finished or not shall become the property of the City, shall be forwarded to the City at
its request and may be used by the City as it sees fit. Upon termination of this Agreement pursuant to
paragraph 8 above, all finished or unfinished documents, reports, or other material or work of the Consultant
pursuant to this Agreement shall be submitted to the City. Any reuse or modification of such documents,
reports or other material or work of the Consultant for purposes other than those intended by the Consultant
in its scope of services under this Agreement shall be at the City's risk.
B. All written information submitted by the City to the Consultant in connection with the
services performed by the Consultant under this Agrecment will be safeguarded by the Consultant to at
least the same extent as the Consultant safeguards like information relating to its own business. if such
information is publicly available or is already in the Consultant's possession or known to it, or is rightfully
obtained by the Consultant from third parties, the Consultant shall bear no responsibility for its disclosure,
City of Fort Orchard and Murraysmah. Inc.
Professional Service Agreement Contract No.0048-20
LP-Wli City Ma gerlWawlWellslWO I ILAdminWtw*iy smithWS Phl Cartirwh - Well I I Site Empvnvmwe 341ace
Rev 7118/2019
4of10
Page 176 of 202
Back to Agenda
inadvertent or otherwise. The Consultant is permitted to disclose any such information only to the extent
required by law, subpoena or other court order.
11, Work Performed at the Consultant's Risk, The Consultant shall take all precautions necessary
and shall be responsible for the safety of its employees, agents and sub -consultants in the performance of
the work hereunder, and shall utilize all protection necessary for that purpose. All work shall be done at
the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to materials,
tools, or other articles used or held by the Consultant for use in connection with the work.
12. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials,
employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits,
including all legal costs and attorneys' fees, arising out of or resulting from the acts, errors or omissions of
the Consultant in performance of this Agreement, except for injuries or damages caused by the sole
negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4,24.1 15, then,
in the event of liability for damages arising out of bodily injury to persons or damages to property caused
by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials,
employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the
Consultant's negligence. The provisions of this section shall survive the expiration or termination of this
Agreement.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES
OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE
MUTUALLY NEGOTIATED THIS WAIVER.
13. Insurance. The Consultant shall procure and maintain for the duration of this Agreement,
insurance against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Consultant, its agents, representatives, or
employees.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non -owned, hired and leased
vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 40 01
or a substitute form providing equivalent liability coverage. If necessary, the policy
shall be endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO occurrence form CG
04 Ul or a substitute form providing equivalent liability coverage and shall cover
liability arising from premises, operations, independent contractors and personal injury
and advertising injury. The City shall be named by endorsement as an additional
insured under the Consultant's Commercial General Liability insurance policy with
respect to the work performed for the City.
City of Pori Orchard and Murraysmith, Inc_
Professional Service Agreement Coniract No.0048-20
[! Wclily MWtageAWRM1We1 iAWakl I IlAdm inWur ay SmithlMS Ph] Contract - Wdl 11 Silt ImpVv[1nw13 doe.
Key 7/1 MO 19
5of10
Page 177 of 202
Back to Agenda
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the
State of Washington.
4. Professional Liabi[iri insurance appropriate to the Consultant's profession.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of $1,000,000 per accident.
2. Commercial General Li4hifty insurance shall be written with limits no less than
$1,000,000 each occurrence, $2,000,000 general aggregate.
3. Workers' Compensation Employer's Liability each accident $1,000,000, Employer's
Liability Disease each employee $1,000,000, and Employer's Liability Disease —
Policy Limit $1,000,000.
4. ProfessionaI Liability insurance shall be written with Iimits no less than $1,000,000
per claim and $1,000,000 policy aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions for
Automobile Liability, Professional Liability and Commercial General Liability insurance:
1. The Consultant's insurance coverage shall be primary insurance as respect the City.
Any insurance, self-insurance, or insurance pool coverage maintained by the City shall
be excess of the Consultant's insurance and shall not contribute with it.
2. The Consultant's insurance shall be endorsed to state that coverage shall not be
cancelled by either party, except after thirty (30) days prior written notice by certified
mail, return receipt requested, has been given to the City.
3. The City will not waive its right to subrogation against the Consultant. The
Consultant's insurance shall be endorsed acknowledging that the City will not waive
their right to subrogation. The Consultant's insurance shall be endorsed to waive the
right of subrogation against the City, or any self-insurance, or insurance pool coverage
maintained by the City.
4. If any coverage is written on a "claims made" basis, then a minimum of a three (3) year
extended reporting period shall be included with the claims made policy, and proof of
this extended reporting period provided to the City.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII.
City of Port Orchard and Murraysmith. Inc.
Professional Service Agreemew Contract No.0048-20
UMA lily MuugelWuertWell*\Wd] I [WmiakMunay Sm OWS Phi Cwtut - Wd] F ] Si[e Improvcmmis Coca
Rev 7/1812019
6of10
Page 178 of 202
Back to Agenda
E. Verification of Coverage
The Consultant shall furnish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured endorsement,
evidencing the insurance requirements of the Consultant before commencement of the work.
14. Assigning or Subcontracting. The Consultant shall not assign, transfer, subcontract or encumber
any rights, duties, or interests accruing from this Agreement without the express prior written consent of
the City, which consent may be withheld in the sole discretion of the City.
15. Notice. Any notices required to be given by the City to the Consultant or by the Consultant to the City
shall be in writing and delivered to the parties at the following addresses:
Robert Putaansuu
Mayor
216 Prospect Street
Port Orchard, WA 98366
Phone: 360.876.4407
Fax: 360.895.9029
Ca�i]►��if 1y 17.��11�
Munraysmith, Inc.
Adam Schuyler, PE, PMP
600 University Street Suite 300
Seattle, WA 98101
Phone: 206.462.7030
16. Resolution of Disputes and Governing Law.
A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions
contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the term
or provision's true intent or meaning. The Mayor shall also decide all questions which may arise between
the parties relative to the actual services provided or to the sufficiency of the performance hereunder.
B. If any dispute arises between the City and the Consultant under any of the provisions of
this Agreement which cannot be resolved by the Mayor's determination in a reasonable time, or if the
Consultant does not agree with the Mayor's decision on a disputed matter, jurisdiction of any resulting
litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington.
C. This Agreement shall be governed by and construed in accordance with the laws of the
State of Washington, In any suit or action instituted to enforce any right granted in this Agreement, the
substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorneys'
fees from the other party.
17. General Provisions.
A. Non -waiver of Breach. The failure of either party to insist upon strict performance of any
of the covenants and agreements contained herein, or to exercise any option herein contained in one or more
instances, shall not be construed to be a waiver or relinquishment of said covenants, agreements, or options,
and the same shall be in full force and effect.
Ciry of Port Orchard and Murraysmith, Inc.
Professional Service agreement Contract No.0048-20
MUOLy MmWerlWata\Well t%Well I ilAdmi nWumy SmlchWS Phi Contract - Well i I Site Improv wzclocx
Rev 711812019
7of10
Page 179 of 202
Back to Agenda
B. Modification. No waiver, alteration, modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and
the Consultant.
C. Severability. The provisions of this Agreement are declared to be severable. If any
provision of this Agreement is for any reason held by a court of competent jurisdiction to be invalid or
unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of
any other provision.
D. Entire Agreement. The written provisions of this Agreement, together with any Exhibits
attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City,
and such statements shall not be effective or be construed as entering into or forming a part of or altering
in any manner whatsoever, the Agreement or the Agreement documents. The entire agreement between
the parties with respect to the subject matter hereunder is contained in this Agreement and the Exhibits
attached hereto, which may or may not have been dated prior to the execution of this Agreement. All of
the above documents are hereby made a part of this Agreement and form the Agreement document as fully
as if the same were set forth herein. Should any language in any of the Exhibits to this Agreement conflict
with any language contained in this Agreement, then this Agreement shall prevail,
18. Title VI
The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252,
42 U.S.C. 2000d to 20OOd-4 and Title 49, Code of Federal Regulations, Department of Transportation
subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the
Department of Transportation issued pursuant to such Act, must affirmatively insure that its contracts
comply with these regulations.
Therefore, during the performance of this Agreement, the Consultant, for itself, its assignees, and
successors in interest agrees as follows:
1. Compliance with Regulations: The Consultant will comply with the Acts and the Regulations
relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of
Transportation, Federal Highway Administration (FHWA), as they may be amended from time to
time, which are herein incorporated by reference and made a part of this Agreement.
2. Nondiscrimination: The Consultant, with regard to the work performed by it during this
Agreement, will not discriminate on the grounds of race, color, national origin, sex, age,
disability, income -level, or LEP in the selection and retention of subcontractors, including
procurements of materials and leases of equipment. The Consultant will not participate directly or
indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in
Appendix A, attached hereto and incorporated herein by this reference, including employment
practices when this Agreement covers any activity, project, or program set forth in Appendix B of
49 C.F.R. part 21.
3. Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all
solicitations, either by competitive bidding, or negotiation made by the Consultant for work to be
performed under a subcontract, including procurements of materials, or leases of equipment, each
potential subcontractor or supplier will be notified by the Consultant of the Consultant's
City of Port Orchard and Murraysmah, Inc.
Professional Service Agreement Contract No.0048-20
U%U lily MmageflWAMAWCII AWd I I I1Adml nWl Ay SmilhW9 Phi CmGaul- Wdl I I Situ Im pr menu do
Rev 7/1&2019
8 of 10
Page 180 of 202
Back to Agenda
obligations under rhis Agreement and the Art-, and the Regulations relative to Non-discrimination
on the grounds of race, color, national Origin, sex, age, disability, income -level, or LF.P.
4. Information and Reports: The Consultant will provide all information and reports required by
the Acts, the Regulations and directives issued pursuant thereto and will permit access to its
books, records, accounts, other sources of information, and its facilities as may be determined by
the City or the FHWA to he 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 F I I W A, as appropriate, and wi € I set forth what efforts it has made to obtain the in form anon.
Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the Non-
discrimination provisions of this Agreement, the City will impose such contract sanctions as it or
the FHWA may determine to be appropriate, including, but not limited to:
l . withholding payments to the Consultant under the Agreement until the contractor
complies; and/or
2. cancelling, terminating, or suspending the Agreement, in whole or in part.
incorporation of Provisions: The Consultant will include the provisions of paragraphs one
through six in every subcontract, including procurements of materials and leases ofcquipment,
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 Fl-1 WA may
direct as a means of enforcing such provisions including sanctions for noncompliance. Provided,
that if the Consultant becomes involved in, or is threatened with litigation by a subcontractor, or
supplier because of such direction, the Consultant may request the City to enter into any litigation
to protect the interests of the City. In addition, the Consultant may request the [united States to
enter into the litigation to protect the interests of the United States.
IN WITNESS WIII :REOF, the parties have executed this Agreement on the day and year set Forth
above.
CITY OF PORT ORCHARD, CONSULTANT
WASHING`I'ON
By: _. � By:
Robert Putaansuu, yor
Name: Adam Schuyler, PE, PMP
ATTES TFi . ATE:
Title: Regional Manager
E3y. B rt y Rtnearson, MMC
Cite Clerk
APPROVES] CO FORM:
SAL _
By -
loft A. Archer, City
•.q�'� �77zER .
�Cj
''�f�• � Z.°'`�
wnS\N
City of Port Orchard and 1Nurrayamuh, Inc.
PrafPvsional Sarvice Agreement C'onrrace No-0048-20
U UJ5139Y MrNWW4WV',WV1 %V90 I I4," a S Wjh'M%FW r rr d Wdl 1 i Seeff i iperee.enw dollar
Rev 7/18f2019
9of10
Page 181 of 202
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 Il 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. §§ 12131-12199) as
implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
■ Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-income Populations, which ensures discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high and
adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes discrimination
because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take
reasonable steps to -ensure that LEP persons have meaningful access to your programs (70 Fed.
Reg, at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
City of Port Orchard and Murrayemith, Inc.
Professional Service Agreement Contract No,C048-20
U:WlRay MeiaFgur Wua d slWeiE I RAdmi Mumy SmithWS Ph! Cmttrut - Well I I Site gmpmvemmts do
Rev 711&2019
10 of 10
Page 182 of 202
Back to Agenda
EXHIBIT A
SCOPE OF SERVICES
MCCORMICK WOODS WELL 11 SITE
IMPROVEMENTS — PHASE I
CITY OF PORT ORCHARD, WASHINGTON
Project Understanding
The City of Port Orchard (City) drilled Well 11 in the McCormick Woods Development in 2011 and
now wants to improve the site. The City has requested Murraysmith, Inc. (Murraysmith) provide
conceptual design engineering for the McCormick Woods Well 11 Site Improvements project
(Project) that includes:
■ Monitoring well house to protect the well head.
■ New Well 11 facility, including:
❑ CMU Building
❑ Booster pumps
o On -site power generation
❑ Onsite water treatment system with filtration backwash system, sodium hypochlonte
generation and dosing, and fluoridation system
o Electrical and instrumentation equipment for the Well 11 site
■ Decommissioning of up to three (3) existing onsite Wells {Wells 1, 2, and 3); Well 3 may
remain as a monitoring well
■ Repurposing, decommissioning, or removal of two (2) existing 60,000-gallon concrete
tanks
■ Yard piping connecting to existing water System
■ Site development, including:
o Grading
❑ Access road improvements and parking
o Stormwater management
o Security, including lighting and fencing
❑ Landscaping.
City of Port Orchard MURRAYSMITH McCormick Woods Well 11 Site
Improvements— Phase I
May 2020 1
Page 183 of 202
Back to Agenda
The Scope of Services is based on our understanding of the tasks required to meet the goals and
complete the Project as recommended in the Well 12 Water Campus and Well 11 Design
Guidelines (Well 11 Guidelines) and Well 11 Campus Improvements Design, Bid Assistance, and
Construction Management t0E and QPCC (Well 11 Memo) memoranda prepared by BHC
Consultants in August 2018 and August 2019, respectively.
This scope includes:
■ Reviewing existing information and data collection
■ Conceptual design engineering
Final design services and engineering support during construction are not included in this Scope
of Services. At the City's discretion, this contract may be amended to include design services
and/or engineering support during construction, or additional items identified by the City.
Scope of Services
The Scope of Services consists of six tasks.
■ Task 1— Project Management
■ Task 2 — Survey/Easement Documents
■ Task 3 — Hydrogeology
■ Task 4 — Water Quality
■ Task 5 — Conceptual Design
■ Task 6 — Contingency
Each phase consists of five components.
1. Objective: Purpose of the task
2. Activities: Specific project elements and efforts that will be completed by the Murraysmith
project team
I City Responsibilities: Elements that will be provided by the City
4. Deliverables: The finished product that will be delivered to the City via electronic and/or
hard copy
5. Assumptions: Assumptions used to develop each Work Task
City of Port Orchard
McCormick Woods Well 11 Site
Improvements — Phase I
May 2020 2
[i �P Q%_Fdm�n�Aynxm�Nc nnA [ryyl,lancc�Prrrrr Cnrtcu:tanl�f:i�n�c)Poll [ Ml ld, ❑ry QISWeq 11%P rh A - %NeIJ i 1 .SWD& Pha- I Plede.W.d—
M U RRAYSMITH
Page 184 of 202
Back to Agenda
Task 1— Project Management
Objective
Provide management of the project team, schedule, and budget. Murraysmith's project manager
(PM) will maintain communication with the City and the team throughout the duration of the
project, lead meetings and workshop discussions, keep the City up to date on project issues, and
incorporate the City's input into the work product as appropriate.
Activities
Task 1.1 — Project Kirk -Off Meeting
Prepare agenda and attend the Project kick-off meeting at City Hall, or via video conference due
to coronavirus, to introduce key members of the project team, establish project objectives, review
communication protocols, discuss the project scope and schedule, and tour the Well 11 site to
review the initial field investigations in greater detail with City staff (if possible). Prepare meeting
minutes for City review and comment. Incorporate City review comments and submit final
minutes.
Task 1.2 — Project Management Plan
Prepare a Project Management Plan that includes the signed contract, scope of work and budget,
contact list, baseline project schedule, quality assurance/quality control plan, and other project
management procedures.
Task I.3 — Monthly Project Status Reports
Prepare invoices and monthly reports using Earned Value Management (EVM) to include work
completed, costs incurred, budget status (budget vs. estimated balance to complete),
amendments, project schedule, any variance between planned and actual project performance,
issues that may result in completion of any task beyond the established schedule or task budget,
and issues that may result in an increase in Total Price. Schedule updates will be prepared using
M5 Project software.
Task 1.4 — Coordination with the City
Coordinate with the City via phone and email communication, including weekly 30 minutes project
status phone calls between the Murraysmith and City project managers. Follow-up decision -
making phone conversations with a recap via email. Manage and coordinate the Project technical
and scope issues.
City of Port Orchard
McCormick Woods Well 11 Site
Improvements — Phase
May 2020 3
n-\Pp AdwnVV"n enu and Inw n(r\Prhme Consukan[ldhen I%Wa l Orchard, CAV 0%Wd II\F ud A- WON I scope Phase h Prede4n dm
M URRAYSMITH
Page 185 of 202
Back to Agenda
Task I.S — Consultant Team Coordination
Coordinate project team efforts, including sub -consultants, to monitor project progress,
coordinate project team activities to keep the project on schedule, identify external coordination
items with City staff or regulatory agencies and identify potential budget challenges. Internal team
coordination to include one -hour, bi-weekly team conference calls with discipline leads and key
team members.
City Responsibilities
1. Review project status reports, invoices, and schedule.
2. Review meeting agenda and minutes and provide comments to Murraysmith.
Deliverables
1. One electronic (PDF) copy of monthly project updates and invoices.
2. One electronic (PDF) copy of the Agenda and Minutes from the Project Kick-off Meeting.
Assumptions
1. The Project kick-off meeting will be attended by up to five (5) Murraysmith team members,
including the project manager, design leads, and discipline leads.
2. Project duration is assumed to be 4 months; therefore 4 Monthly Progress Reports are
included in the Scope of Work.
Task 2 — Survey/Easement Documents
Objective
Provide surveying and topographic mapping of the Well 11 site. Provide legal description and
exhibit map for easement acquisition for new sewer line connection.
Activities
2.1 - Survey and Mapping
Provide control survey and boundary determination and coordinate with private utility locating
service to identify underground utilities as part of topographic survey. Topographic survey work
includes locations and elevations of existing, visible physical surface features, edges of pavement,
gravel access road, visible surface utilities and marked underground utilities, wells, and trees 10-
inches diameter at breast height (DBH) and greater. Coordinate with surveyor on work required
to complete survey to City standards and requirements of the project. Perform final review and
City of Port Orchard
McCormick Woods Well 11 Site
improvements -- Phase I
May 2020 4
c WOx �5dsnmVipeernenu.nd ins�,sre�anrnr rn.wa��+nur,MP�n orchard, ory dlwd 11�Eds � wd! ii xwe arose i aedrvpn dnsx
MURRAYSMITH
Page 186 of 202
Back to Agenda
formatting of AutoC4D files of survey, develop base map suitable for design for use in the layout
of site improvements on the site.
2.2 — Easement Documentation
Prepare legal description and exhibit map for connection to existing sewer main.
City Responsibilities
1. City to provide available as-builts and documents for project site, facilities, and utilities.
2. City to complete utility potholing as needed.
3. Review and comment on consultant deliverables.
Deliverables
1. Electronic copies of formal "Request for Information"
2. Electronic copies of draft and final base map.
I Electronic copies of legal description and base map for easement.
Assumptions
1. The boundary of the site is already well established based on the neighboring subdivisions
which the well site was created from.
2. Horizontal surveying and mapping will be referenced to Washington State Plane
Coordinate system NAD83(11). Vertical information will be referenced to NAVD88 datum.
3. City review period is ten (1O) working days.
4. City comments will be consolidated into one file before submitting to project team.
5. The sanitary sewer from the Well 11 site will flow west through the McCormick Woods
Golf Course maintenance facility.
Task 3 — Hydrogeology
Objective
Develop a well testing program for Well 11, considering additional water rights allocated for the
well. Coordinate efforts with Department of Health (Health) and Department of Ecology (Ecology).
Test the well and provide a well rating based on the test results.
City of Pert Orchard
McCormick Woods Well 115Ite
Improvements — Phase I
May 2020 5
(-,.WX_AditWAA8r—n [s and "-t ntAPt1w [mwkan%VI-++tefM CW614Fd, pry AWOf ] 11JA A • We§ 11 Srape Ptma E Pied&-W dna
M URRAYSM ITH
Page 187 of 202
Back to Agenda
Activities
3.1 - Review Data and Information
Review data and information provided by the City and extract relevant information for the project
Obtain available information from the City regarding the project, including but not limited to DOH
Permit for well capacity.
3.2 - Hydrogeology
Coordinate with Robinson Noble, the City's hydrogeologist, for Well 11 development and
decommissioning of Wells 1, 2, and 3. Review the previous Well 11 construction and testing report
for information pertinent to the project. Provide recommendations should a well cleanout or
redevelopment effort be warranted prior to testing and well modifications. Conduct and observe
step -rate and constant -rate testing of the well. Equip Well 11 with a pressure transducer and data
logger to collect background data seven days prior to testing as required by the Preliminary Permit.
Use the step rate test to determine if the efficiency of the well has changed or whether the well
can support a rate of 1,150 gpm during the constant rate test. Based on the results of the step
rate test, recommend a rate for the constant rate test. Collect at least 24 hours of recovery rate
data to allow the contractor to remove the test pump. Following the pumping tests, analyze test
results and provide a technical memorandum describing the well modifications, test procedures,
and test results; provide a well rating based on these results. Memorandum will include aquifer
test reporting requirements listed in the Preliminary Permit.
City Responsibilities
1. Review and comment on consultant deliverables.
Deliverables
1. Electronic copies of formal "Request for Information."
2. Workshop agendas and summaries.
3. Well Modifications Technical Memorandum.
4. Well Decommissioning Technical Specifications.
S. Well Decommissioning Technical Memorandum.
Assumptions
1. City review period is ten (10) working days.
2. City comments will be consolidated into one file before submitting to project team.
City of Port Orchard MURfiAYSMITH McCormick Woods Well 11 Site
Improvements — Phase I
May 2020 6
G 1 W_Adm P\AAneements and Inw/iflCelpfime [oeewkanljCyclhlpael Orchard, Gey rAWO i11ERh A • well ] I Scope Ftua I Amlestwdase
Page 188 of 202
Back to Agenda
Task 4 — Water Quality
Objective
Well 11 water quality was evaluated in 2010 during the well installation and testing. While the
water quality was good in 2011, it is unlikely that the Washington State Department of Health
(Health) will accept the previous evaluation for source approval due to the age of the previous
testing. Therefore, this task incudes updated water quality analysis and reporting prior to pump
testing.
Activities
4.1 - Water Quality Analysis
Coordinate with Robinson Noble, the City's hydrogeologist for Well 11 water quality analysis.
Obtain available information from the City regarding the project, including but not limited to,
water quality data for:
• Well 11,
• Other City wells,
• City of Bremerton supply.
Confirm baseline water quality, water treatment needs, and performance goals. Collect water
quality samples from Well 11. Samples will be analyzed for standard inorganic, VOC, SOC,
bacteriological, and radionuclide constituents. Present the results of the water quality analysis in
a technical memorandum. Fallowing the installation of the permanent well pump, collect and
analyze a bacteriological sample.
City Responsibilities
1. Review and comment on consultant deliverables.
Deliverables
1. Water Quality Technical Memorandum.
Assumptions
1. City review period is ten (10) working days.
2. City comments will be consolidated into one file before submitting to project team.
City of Port Orchard MURRAYSMITH McCormick Woods Well 11 Site
Improvements — Phase I
May 2020 7
G.\PDX and Inw ,nr Ah~ Ord—d, CI1y rAWA I I\F h A wet 11 Scope Whxe 1 wedeMr d—
Page 189 of 202
Back to Agenda
Task 5 — Conceptual Design
Objective
Develop a conceptual design and report that incorporates the City's preferences, requirements,
and constraints for input and refinement. This task is the start of the project's detailed design
process and key design discipline leads begin their development of the design concept. The
developed schematic design establishes the general scope, conceptual design, scale, and
relationships among the project components, and includes discipline specific design ideas so that
major process decisions such as equipment spacing, process type/configuration, redundancy, and
❑&M preferences can be made by the City. Initial coordination with the Department of Health
(DOH) is included in Task 5.
Another objective of this task is to identify the permitting requirements and outline the
preliminary permitting schedule.
Activities
5.1 - Review Data and lnforn7otion
Review data and information provided by the City and extract relevant information for the project.
Obtain available information from the City regarding the project, including but not limited to:
+ Perm itting/5ensitive Areas issues,
■ Verify and coordinate on connection to distribution system,
■ City's planned Capital and Transportation Improvement Projects and known development
that may impact project,
• As -built drawings.
5.2 - Geotechnical5tudy
Review readily available sources for existing geotechnicaI information at the project site, including
the existing well construction and testing report for Well 11 prepared by Robinson Noble, and
dated March 2011. Visit the project site and complete a visual reconnaissance of the development
area. Provide a discussion of soil and groundwater conditions anticipated at the site. Provide
preliminary seismic design criteria based on the 2018 International Building Code (IBC), including
site class, site coefficients, ground accelerations, and a discussion on liquefaction potential for the
site, based on available data reviewed. Provide a discussion of appropriate options for foundation
support. Prepare a report which will include a discussion of conventional spread footings and
alternative foundation support methods that could be employed, if necessary. Provide preliminary
earth -pressure parameters for design of retaining walls and below -grade elements. Provide a
discussion of stormwater infiltration feasibility. Provide preliminary recommendations for asphalt
concrete pavement design based on our experience. Provide a discussion of earthwork practices
suitable for the site including site grading, fill placement and compaction, fill materials, and the
City of Port Orchard MURRAYSMITH McCormick Woods Well II Site
Improvements — Phase I
May 2020 g
GAPD%_AdminlRg --k and hwn APnmc n.quFd. Clry nllwd IAE eA A - WeN I] Scope eha e I P&&-s an do
Page 190 of 202
Back to Agenda
feasibility of reusing on -site soils as fill and backfill. Comment on construction challenges that are
identified in our paper study. Provide recommendations for additional geotechnical studies that
should be completed at the site. Prepare a brief letter report summarizing our findings and
conclusions, for support of planning and conceptual design. This letter report is not be intended
for final design.
5.3 — Conceptual Design and Report
Prepare a Conceptual Design Report utilizing DOH Project Report requirements to streamline
submittal of the DOH Project Report in future phases that documents the following:
■ Project background,
• Design criteria,
■ Proposed improvements including one (1) demolition plan, one (1.) site layout, one (1)
process flow diagram, and one (1) pump station building layout,
• Summary of the required permits and regulatory approvals,
• Opinion of probable project cost (OPPC) with and without federal funding, and
• Project schedule.
Submit draft report to City for review and comment. Modify draft report based on City review
comments and submit final copies to the City.
City Responsibilities
1. Provide available as-builts and documents for project site, facilities, and utilities.
2. Review and comment on consultant deliverables.
Deliverables
1. Electronic copies of formal "Request for Information."
2. Workshop agendas and summaries.
3. Draft and final Geotechnical letter report in PDF format.
4. Draft and final Conceptual Design Report.
Assumptions
1. City review period is ten (10) working days.
2. City comments will be consolidated into one file before submitting to project team.
City of Port Orchard
McCormick Woods Well 11 Site
Improvements — Phase I
May 2020 9
C Lpq%_AdminlA�rremmhandfnsuance�Pnnr [oenulunt�pentslPart O.rlurd, qry aAWN I I1E#r A - WMI 11 kapo nas I PmlesW door
M URRAYSM ITH
Page 191 of 202
Back to Agenda
Task 6--Contingency
Objective
Provide project contingency budget for the project.
Activities
Task 6.1 — Project Contingency
Project contingency includes budget for additional, unanticipated labor and/or expenses not
specifically identified in the scope of work tasks defined above. Such work items will be
implemented on a work order basis and will be undertaken only after written authorization from
the City's Project Manager.
Deliverables
1. To be determined.
Assumptions
1. Task 6.1 is based on 10% of Murraysmith total direct labor and sub -consultant fees.
Schedule
Work will begin upon receipt of a signed contract and notice to proceed, or other agreeable
written authorization. We will begin our work and proceed in a timely manner with an anticipated
completion of conceptual design within four (4) months of notice to proceed. This schedule is
based on timely input and information from City staff and others including the collection of
requisite information and documentation, staff input, and feedback regarding design documents)
or other project matters. A baseline schedule will be provided at the Kick-off Meeting. This
schedule shall be equitably adjusted as the project progresses, allowing for changes in scope or
for delays beyond M u rraysmith's control.
Fee Estimate
An engineering fee estimate has been prepared (Exhibit 9) based on the detailed scope of services
contained herein.
City of Port Orchard
McCormick Woods Well 11 Site
Improvements — Phase I
May 2020 10
G Vnx_ Orchard. CHy ORWA I I%Cxh R WeR 115cape Phase I Predesin dnu
MURRAYSMITH
Page 192 of 202
Back to Agenda
d
�I�II
.n�
16�REYIE0�111�
�NHIEEdI�AYI�11E
Page 193 of 202
Back to Agenda
City of Port Orchard
Council Meeting Minutes
Regular Meeting of June 13, 2023
1. CALL TO ORDER AND ROLL CALL
Mayor Putaansuu called the meeting to order at 6:30 p.m.
Roll call was taken by the Deputy City Clerk as follows:
Mayor Pro-Tem Trenary
Present
Councilmember Chang
Present
Councilmember Clauson
Present
Councilmember Cucciardi
Present
Councilmember Diener
Absent
Councilmember Lucarelli
Present
Councilmember Rosapepe
Present
Mayor Putaansuu
Present
Staff present: Public Works Director Lang, Community Development Director Bond, Police Chief
Brown, City Attorney Archer, HR Manager Lund, Deputy City Clerk Floyd, and Intern Kelly.
Staff present via Zoom: Utilities Manager J. Brown and Finance Director Crocker.
The meeting streamed live on YouTube.
A. PLEDGE OF ALLEGIANCE (Time Stamp 00:43)
Mayor Putaansuu led the audience and Council in the Pledge of Allegiance.
2. APPROVAL OF AGENDA (Time Stamp: 01:08)
MOTION: By Councilmember Clauson, seconded by Councilmember Trenary, to approve the agenda
as published.
The motion carried.
3. CITIZENS COMMENTS (Time Stamp: 01:41)
Jeff Dailey and Dave Kimball spoke to the upcoming South Kitsap Fire and Rescue fire levy and voiced
their concerns.
Page 194 of 202
Back to Agenda
4. CONSENT AGENDA (Time Stamp: 08:35)
A. Approval of Voucher Nos. 86090 through 86150 and 86158 through 86204 including bank drafts
in the amount of $546,930.82 and EFT's in the amount of $276,911.45 totaling $823,842.27.
B. Approval of Payroll Check Nos. 86083 through 86089 and 86151 through 86157 including bank
drafts and EFT's in the amount of $499,653.00 and Direct Deposits in the amount of $479,426.22
totaling $979,079.22.
C. Adoption of an Ordinance Delaying the Effective Date of Ordinance No. 013-23 Due to Action
Taken by the State Building Code Council to Delay the Effective Date for the 2021 Codes
(Ordinance No. 015-23)
D. Adoption of a Resolution Adopting Personnel Policies Related to Military Family Leave and the
Washington Family Care Act (Resolution No. 052-23)
E. Adoption of a Resolution Declaring Certain Personal Property as Surplus and Authoring its
Disposition Thereof (Resolution No. 053-23)
F. Adoption of an Ordinance Amending Port Orchard Municipal Code Chapter 2.20 Planning
Commission (Ordinance No. 016-23)
G. Adoption of a Resolution Approving Amendment No. 4 to Contract No. 024-15 with Waste
Management of Washington Inc. for Solid Waste Disposal Services (Resolution No. 054-23)
H. Approval of Amendment No. 3 to Contract No. 036-20 with Krazan & Associates, Inc. for On -Call
Professional Materials Testing, Inspection, and Geotechnical Services
I. Adoption of a Resolution Authorizing the Mayor to Execute a Nonexclusive Perpetual Easement
with Puget Sound Energy for the East Fifteen (15) feet of a City -Owned Property, Kitsap County
Tax Parcel No. 4625-000-003-0103 (Resolution No. 055-23)
J. Adoption of a Resolution Approving the Purchase of a Towmaster Trailer for the Equipment
Rental Revolving Fund 500 (Resolution No. 056-23)
K. Adoption of a Resolution Authorizing an Interlocal Agreement with Kitsap County Fire Marshal
for Fireworks Display Permitting and Inspection Services (Resolution No. 057-23 and Contract
No. 047-23)
L. Approval of a Change Order No. 4 to Contract No. 125-22 with KR Homes, LLC for the Sroufe
Water Main Replacement Project
M. Excusal of Councilmember Diener due to a Personal Obligation
MOTION: By Councilmember Trenary, seconded by Councilmember Lucarelli, to approve the
Consent Agenda.
The motion carried.
5. PRESENTATION
A. Citizen Award (Time Stamp 09:05)
Police Chief Brown presented a Citizen Award to Colin Stewart for his work towards helping to
remove the derelict boats in Sinclair Inlet and providing safety in the community.
B. Proposed Kitsap Bank Headquarters Building Located at 625 Bay Street (Time Stamp 12:59)
June 13, 2023, City Council Meeting Minutes
Page 2of6
Page 195 of 202
Back to Agenda
Jeff Foster with GGLO provided a presentation on the new Kitsap Bank building which included the
2021 downtown subarea plan diagram, Kitsap Bank site plan, concept view from Bay Street and
Orchard Avenue, concept view from Bay Street and Frederick Avenue, and concept view of the north
fagade.
C. South Kitsap Fire and Rescue Services and Levy (Time Stamp 18:57)
Fire Chief Faucett spoke to the upcoming fire levy which included levy key components, impacts, and
growth challenges.
6. PUBLIC HEARING
A. An Ordinance Authorizing the Mayor to Execute a Development Agreement with Kitsap Bank
for a New Headquarters Building in Downtown Port Orchard (Time Stamp 29:47)
Mayor Putaansuu opened the public hearing, and there being no testimony, closed the public hearing
at 7:03 p.m.
7. BUSINESS ITEMS
A. Adoption of an Ordinance Authorizing the Mayor to Execute a Development Agreement with
Kitsap Bank for Development Agreement (Time Stamp 33:37)
MOTION: By Councilmember Clauson, seconded by Councilmember Lucarelli, to adopt an ordinance
authorizing the Mayor to execute a development agreement with Kitsap Bank as presented.
The motion carried.
(Ordinance No. 014-23 and Contract No. 051-23)
B. Adoption of a Resolution Accepting a Housing Action Plan (Time Stamp: 37:50)
MOTION: By Councilmember Chang, seconded by Councilmember Cucciardi, to adopt a resolution
accepting the Housing Action Plan dated May 24, 2023, as presented.
The motion carried.
(Resolution No. 058-23)
C. Adoption of a Resolution Approving a Contract with Lincoln Construction, Inc. for the City Hall
Renovations Project (Time Stamp 48:03)
MOTION: By Councilmember Cucciardi, seconded by Councilmember Clauson, to adopt a resolution
authorizing the Mayor to execute a contract in a form that is acceptable to the City Attorney with
Lincoln Construction, Inc. for the City Hall Renovations Project for the base bid amount and the
following alternate(s): 1, 2, 3, & 4, for a total cost of $9,012,913.51 (applicable tax included).
June 13, 2023, City Council Meeting Minutes
Page 3of6
Page 196 of 202
Back to Agenda
The motion carried.
(Resolution No. 059-23 and Contract No. 048-23)
D. Adoption of a Resolution Approving a Contract with KCI Technologies, Inc. for Asset
Management Program Development and On -Call Consulting Support (Time Stamp 55:58)
MOTION: By CouncilmemberTrenary, seconded by Councilmember Rosapepe, to adopt a resolution,
authorizing the Mayor to execute a contract with KCI Technologies, Inc., for Asset Management
Program Development and On -Call Consulting Support.
The motion carried.
(Resolution No. 060-23 and Contract No. 049-23)
E. Adoption of a Resolution Authoring the Mayor to Sign a Sublease Agreement with the Port of
Bremerton for the Marina Pump Station (Time Stamp 58:13)
MOTION: By Councilmember Clauson, seconded by Councilmember Lucarelli, to adopt a resolution,
authorizing the Mayor to execute a sublease with the Port of Bremerton for the Marina Pump
Station project.
The motion carried.
(Resolution No. 061-23 and Contract No. 050-23-23)
F. Approval of Amendment No. 11 to Contract No. 066-20 with Rice Fergus Miller, Inc. for the
Community Event Center Project (Time Stamp: 1:01:37)
MOTION: By Councilmember Clauson, seconded by Councilmember Cucciardi, to approve contract
amendment #11 to Contract C066-20 as presented.
The motion carried.
G. Approval of Amendment No. 4 to Contract No. 053-19 with Robinson Noble, Inc. for the 2019-
2020 ESSB 6091 Foster Pilot Project Services (Time Stamp 1:05:41)
MOTION: By Councilmember Lucarelli, seconded by Councilmember Rosapepe, to authorize the
Mayor to execute Amendment No. 4 to Contract No. C053-19 with Robinson Noble, Inc. for the 2019-
2020 ESSB 6091 Foster Pilot Project Services.
The motion carried.
8. DISCUSSION ITEMS (No Action to be Taken)
There were no discussion items.
June 13, 2023, City Council Meeting Minutes
Page 4of6
Page 197 of 202
Back to Agenda
9. REPORTS OF COUNCIL COMMITTEES (Time Stamp: 1:11:50)
Councilmember Lucarelli reported on the June 13t" Utilities Committee meeting. The next meeting
is scheduled for July 11tn
Mayor Putaansuu reported the Finance Committee is scheduled to meet June 14tn
10. REPORT OF MAYOR (Time Stamp 1:13:51)
The Mayor reported on the following:
• Citywide paving update.
• Building update at the old Cheer's site.
• Marina Pump Station bid.
• In accordance with Ordinance 008-20 Delegating Authority to the Mayor for Creating and
Modification of Job Descriptions, he reported his approval of the revised job descriptions for
Sewer System Coordinator, Stormwater Coordinator, Water System Coordinator, IT Support
Specialist, and Police Sergeants.
• In compliance with Resolution 007-11 Establishing a Process for Future Amendments to the
City's Personnel Policies and Procedures, he reported his approval of policy revisions to
holidays and personal holidays.
• Read into record a portion of minutes from 50 years ago.
11. REPORT OF DEPARTMENT HEADS (Time Stamp 1:16:38)
Public Works Director Lang reported on Well 11 and provided totem pole updates.
Community Development Director Bond reported on a permit with Kentucky Fried Chicken.
City Attorney Archer reported on a case law for Sacket vs. the Environmental Protection Agency and
drug paraphernalia and the Blake decision.
Police Chief Brown reported on hiring within the police department.
Finance Director Crocker said they have filed the annual report and will be starting the audit soon.
12. CITIZEN COMMENTS (Time Stamp 1:23:39)
Jeff Dailey and Dave Kimball spoke to the upcoming South Kitsap Fire and Rescue fire levy and voiced
their concerns.
13. EXECUTIVE SESSION
There was no executive session.
June 13, 2023, City Council Meeting Minutes
Page 5 of 6
Page 198 of 202
Back to Agenda
14. GOOD OF THE ORDER (Time Stamp 1:29:38)
Discussion was held regarding the City taking a position of support, or opposition of the fire levy. The
City may also hold a public hearing to take testimony from the public.
15. ADJOURNMENT
The meeting adjourned at 8:07 p.m. No other action was taken. Audio/Visual was successful.
Jenine Floyd, CIVIC, Deputy City Clerk Robert Putaansuu, Mayor
June 13, 2023, City Council Meeting Minutes
Page 6 of 6
Page 199 of 202
Back to Agenda
City of Port Orchard
Council Meeting Minutes
Work Study Session Meeting of June 20, 2023
CALL TO ORDER AND ROLL CALL
Mayor Pro-Tem Tern Lucarelli called the meeting to order at 6:31 p.m.
Roll call was taken by the City Clerk as follows:
Mayor Pro-Tem Trenary
Absent
Councilmember Chang
Present
Councilmember Clauson
Absent
Councilmember Cucciardi
Present
Councilmember Diener
Present
Councilmember Lucarelli
Present
Councilmember Rosapepe
Present
Mayor Putaansuu
Absent
Staff present: Utilities Manager J. Brown, City Clerk Wallace, and Deputy City Clerk Floyd.
Staff present via Zoom: Community Development Director Bond
The meeting also streamed live on YouTube.
Pledge of Allegiance (Time Stamp 01:13)
Mayor Pro-Tem Tern Lucarelli led the audience and Council in the Pledge of Allegiance.
1. Kitsap County Housing Grants (Time Stamp 01:35)
Joel Warren and Bonnie Tufts with the Kitsap County Department of Human Resources provided a
presentation on the Kitsap County 2024 Coordinated Grant Application Process which included an
overview, CIAH funding, Block Grant funding, key dates, process flow, review committees, Capital
Grant Review Committee, and website content.
Additional discussion was held regarding rental assistance, federal funds, opioid settlement,
application review process, and the City's application for funding to purchase a lot through Housing
Kitsap.
Council Direction: No direction was given.
Page 200 of 202
Back to Agenda
Minutes of June 20, 2023
Paee 2 of 3
2. Kitsap Transit Port Orchard Transit Center Presentation (Time Stamp 21:30)
Zach Gray with KPFF and Ed Coviello and Christopher Browning with Kitsap Transit provided a
presentation which included the project purpose and need, key considerations relative to transit
center siting study, downtown Port Orchard study area, downtown Port Orchard subarea plan, and
current site options.
Additional discussion was held regarding population and growth, looking at different sites, having a
pedestrian friendly waterfront, park and ride lots, downtown transfer station, providing other
potential transfer station locations and conversations with the Port of Bremerton.
Council Direction: No direction was given.
3. Community Needs Assessment (Time Stamp 46:32)
Tony Ivers with Kitsap Community Resources provided a presentation on results from the KCR
Community Survey & Focus Group Discussions which included who participated in the survey and
focus groups, what did they hear, challenges meeting basic needs, disconnect between services and
the people they serve, barriers to accessing healthcare, what can be done, outreach strategy, Kitsap
County Affordable Housing Task Force, and what's next strategic plan.
Additional discussion was held regarding how the pandemic affected services, shortage of doctors
and affordable housing.
Council Direction: No direction given.
4. Cross Connection Control and Fats, Oils and Grease Plan (Time Stamp 1:16:18)
Utilities Manger J. Brown explained the City is in compliance with the Department of Ecology. This
program is to help businesses, and some residences, get in compliance with the City's regulations.
The utilities perspective of cross connection is once water goes through a meter, we do not want it
back as we don't know what happens to it on the other side. The Department of Community
Development's perspective is once water goes out of the fixture, they don't want it back as there
could be contamination.
Additionally, there is FOG (fats, oils, and grease) which is specifically directed at food service
establishments as they create this which can clog or damage collection systems.
Additional discussion was held regarding enforcement, the City's Utility Compliance staff member
who is developing materials to help with this program, education, cross connection risk survey,
tracking cross connection control assembly's, fees, McCormick Woods residents, contamination
issues, and how the City is monitoring the program.
Page 201 of 202
Back to Agenda
Minutes of June 20, 2023
Page 3 of 3
Council Direction: No direction given to staff.
GOOD OF THE ORDER (Time Stamp 1:33:23)
In response to Councilmember Diener's question about non -political signs, Community Development
Director Bond said there was a decision back in 2014 that said sign regulations had to be content
neutral, however, there was a separate case that said you can't regulate speech within a traditional
public forum. The City's conclusion is the lowest risk path, which is to allow temporary signs and not
differentiate between political and non -political speech. Since then, the 91" Circuit has issued a
decision that stated there is some ability to distinguish between commercial and non-commercial
speech. This has been brought to the attention of the Planning Commission, and the
recommendation from the City Attorney is to document the problem over a period of time. We
started this in the fall and have been gathering documentation with the hope of bringing this back
to the Planning Commission for review. The Council may then see an ordinance restricting temporary
signage only to non-commercial speech.
ADJOURNMENT
The meeting adjourned at 8:06 p.m. No other action was taken. Audio/Visual was successful.
Brandy Wallace, MMC, City Clerk Cindy Lucarelli Mayor Pro-Tem Tern
Page 202 of 202