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09/26/2023 - 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 Denis Ryan 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 September 26, 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/m/82250222242 Zoom Webinar ID: 822 5022 2242 Zoom Call -In: 1 253 215 8782 Guiding Principles • Are we raising the bar? • Are we honoring the past, but not living in the past? • Are we building connections with outside partners? • Is the decision -making process positively impacting diversity, equity, and inclusion? 1. CALL TO ORDER A. Pledge of Allegiance 2. APPROVAL OF AGENDA 3. CITIZENS COMMENTS (Please limit your comments to 3 minutes for items listed on the Agenda and that are not for a Public Hearing. Please keep your comments respectful and no personal attacks. This is a comment period and not a question -and -answer session. When recognized by the Mayor, please state your name for the official record. If you are attending remotely via telephone, enter *9 from your keypad to raise your hand. 4. CONSENT AGENDA (Approval of Consent Agenda passes all routine items listed below, which have been distributed to each Councilmember for reading and study. Consent Agenda items are not considered separately unless a Councilmember so requests. In the event of such a request, the item is returned to Business Items.) A. Approval of Vouchers and Electronic Payments B. Approval of Payroll and Direct Deposits C. Adoption of a Resolution Approving After the Fact Change Order No. 1 to Contract No. 052-23 with County Line Construction, LLC for the Abatement of Code Violations Occurring at 1691 SE Crawford Road, Part of the Crawford Road Abatement Project (Bond) Page 4 D. Adoption of a Resolution Approving a Contract with Bureau Veritas for Building/Fire Code Plan Review and Inspection Services (Bond) Page 56 E. Adoption of a Resolution Approving a Contract with TMG Services, Inc. for Well No. 7 Chlorination Equipment (Hammer) Page 92 F. Approval of an Interlocal Grant Agreement with the Washington State Traffic Safety Commission (WTSC) for High -Visibility Safety Emphasis Patrols (M. Brown) Page 112 G. Approval of the September 12, 2023, City Council Meeting Minutes Page 131 5. PRESENTATION A. Legislative Update (GTH-GA Weiss) Page 137 B. Bethel Phase 1 Survey Results and Preferred Alternative (SCJ Alliance/Hammer) C. South Kitsap School Bond (Tim Winter) 7. BUSINESS ITEMS A. Adoption of an Ordinance Delegating Bond Authorization (Crocker) Page 146 B. Adoption of an Ordinance Designating the McCormick Development Corporation as Open Space and Approve the Current Use Assessment Request (Bond) Page 170 C. Adoption of a Resolution Approving a Preferred Design Alternative for the Bethel Phase 1 Proiect (Hammer) Page 177 D. Adoption of a Resolution Approving a Contract with He Development, LLC, for Payment in Lieu of Specific Performance of the Construction of Frontage and Sidewalk Improvements on SE Salmonberry Road (Bond) Page 179 E. Approval of Amendment No. 2 to Contract No. 083-22 with Shea Carr & Jewel, Inc. dba SCJ Alliance for Bethel Phase 1-Street Improvement Proiect (Hammer) Page 193 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 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. September 26, 2023, Meeting Agenda Page 2 of 3 Festival of Chimes & Lights Land Use Lodging Tax Advisory Sewer Advisory Outside Agency Committees September 25, 2023; 3:30pm October 4, 2023; 4:30pm October, 2023 October 4, 2023; 6:30pm Varies Remote Access Remote Access Remote Access City Hall with 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. September 26, 2023, Meeting Agenda Page 3 of 3 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.: Consent Agenda 4C Meeting Date: September 26, 2023 Subject: Adoption of a Resolution Approving After Prepared by: Nicholas Bond the Fact Change Order No. 1 to Contract DCD Director No. 052-23 with County Line Construction Atty Routing No.: N/A LLC, for the Abatement of Code Violations Atty Review Date: N/A Occurring at 1691 SE Crawford Road, Part of the Crawford Road Abatement Project Summary: Background, 1691 SE Crawford Road is private property (the Property) and the structures located on that property have been declared dangerous and ordered to be demolished. At the June 27, 2023, City Council meeting, City Council authorized the Mayor to execute Contract No. 052-23 (the Contract) with County Line Construction, LLC for the Crawford Road Abatement Project (the Project). The Property, removal of the nuisance condition and associated structures, is one portion of the Contract. The Project was scheduled to begin on August 7, 2023, however, on August 3, 2023, Code Enforcement staff found that the owner of the Property illegally and unsafely knocked down the structures leaving debris from those structures and all of the contents in large heaps. On August 7, 2023, County Line Construction, LLC began the abatement as contracted. However, due to the owner's illegal actions at the Property, it was discovered that the gas line had been damaged, the piles of debris included hazards (i.e.: used needles/syringes, propane tanks, etc.), requiring meticulous sorting and stoppages of work to bring in outside agencies, Kitsap County Health District and Cascade Natural Gas, to ensure the safety of the workers and the public. Additionally, due to the uncertainty of possible additional hazards (needles, etc.) that may be under the surface of the ground, Code Enforcement staff requested that County Line Construction, LLC install a perimeter fence to keep trespassers off the site once the project was finished. Due to the unforeseen circumstances cause by the property owners illegal actions, additional time and materials resulted in a change order request in the amount of $11,349.71. Original Contract 1691 SE Crawford Road original bid Change Order amount Total Contract after change order $76,510.57 $43,317.45 $11,349.71 86,894.57 Recommendation: Staff recommends that the City Council approve this amendment after the fact, authorizing the Mayor to approve the change order with County Line Construction, LLC for that portion of the Crawford Road Abatement contract identified as 1691 SE Crawford Road in the amount of $11, 349.71. Relationship to Comprehensive Plan: N/A Page 4 of 261 Back to Agenda Consent Agenda 4C Page 2 of 2 Motion for consideration: "I move to adopt a resolution ratifying an amendment to the contract with County Line Construction, LLC for that portion of the Crawford Road Abatement identified as 1691 SE Crawford Road in the amount of $11,349.71." Fiscal Impact: The cost of this action, including attorney fees, are chargeable to the property owner, and so may be reimbursed. Alternatives: Do not approve and provide alternative guidance. Attachments: Resolution, C052-23, Amendment #1 to contract C052-23 Page 5 of 261 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING AN AMENDMENT TO THE SMALL WORKS CONTRACT WITH COUNTY LINE CONSTRUCTION, LLC, FOR THE 2023 CITY OF PORT ORCHARD CRAWFORD ROAD ABATEMENT. WHEREAS, the City of Port Orchard commenced a code enforcement action pertaining to violations of the Port Orchard Municipal Code ("POMC") occurring on real property located at SE Crawford Rd, which is a private road, and real properties located at 1691 SE Crawford Rd, and 1743 SE Crawford Rd, with the code enforcement matter referred to by staff as the Crawford Road Abatement, Public Works Project No. CE17-0049 (the "Project"); and WHEREAS, on June 27, 2023, the City Council adopted Resolution No. 064-23, approving Contract No. CE17-0049 with Countyline Construction, LLC ("Contractor") for the Project, following the Contractor's selection consistent with the City's procurement policies and existing state law; and WHEREAS, the contract authorized the Project for a total not to exceed amount of $76,510.57, of which $43,317.45 was for the abatement of nuisance conditions and associated demolition of structures at 1691 Crawford Road SE (the "Property"); and WHEREAS, on August 3, 2023, the City's Department of Community Development discovered that illegal activities had occurred on the Property, creating additional hazardous conditions on the Property; and WHEREAS, the City's Department of Community Development authorized a change order in the amount of $11,318.56, to authorize the Contractor to clean-up and remediation said hazardous conditions to ensure the safety of the public, Contractor, and staff; and WHEREAS, the City's Procurement Policies, adopted at Resolution No. 036-22, as amended, cap delegated change order authority at 10% of the total contract amount, however 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, provided they shall timely report such actions to the City Council; and WHEREAS, the City Council finds that the change order and the additional remediation work at the Property was necessary for the complete abatement project and warranted to ensure the safety of the public, Contractor, and staff; now, therefore, Page 6 of 261 Back to Agenda Resolution No. Page 2 of 2 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 ratifies the Mayor's execution of an amendment to Contract No. CE17-0049 attached hereto as Exhibit A, with County Line Construction, LLC for $11,318.56, increasing the total amount to $87,829.13. That: The City Council finds that an emergency condition existed that warranted the execution of this change order, consistent with the City's Procurement Policies at Section 7.0, and ratifies a limited waiver of the City's Procurement Policies and all actions taken consistent with this finding. 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 26t" day of September 2023. ATTEST: Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 7 of 261 DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08 Back to Agenda Contract No. 052-23 CITY OF PORT ORCHARD SMALL WORKS OVER S3SK CONTRACT NO, CE17-0049 PUBLIC WORKS PROJECT NO. CE17�0049 THIS Agreement is made effective as of the 16th day of June 2023 by and between at CITY OF PORT ORCHARD, WASHINGTON, ("CITY"), a Washington municipal corporation located 216 Prospect Street Port Orchard, Washington 98366 Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895,9029 and County Line Construction, LLC ("CONTRACTOR"), a Washington limited liability company located at: 14085 Kimber Place 5E Qlalla, WA 98359 Contact: Marcus Hooper Phone: 253.514.9529 for the fallowing Project: Crawford Road Abatement ("PROJECT") SCOPE OF WORK: Exhibit A (Bid documents) Email: marcus@countylinecanstruction-us In consideration of the mutual benefits to both parties, both Parties agree to the following: AGREEMENT: 1. Contract Documents, The Contractor shafl complete the Work described in the Contract Documents for the Project. The following documents are collectively referred to as the "Contract Documents": a. This Agreement signed by the City and the Contractor; b. The attached Scope of Work; c. 2018 International Building Code (113C) and 2018 Energy Code Compliance; d. Written change orders or orders for minor changes in the Work issued after execution of this Agreement; e. Public Works Terms and Conditions; f- Insurance and Bonding Requirements; g. The Invitation to Bid, and bid proposal submitted bythe Contractor, except when inconsistent with Contract Documents a-g; h. Appendix A: Non -Discrimination Statutes and Authorities. The bid proposal submitted by the contractor, except when inconsistent with Contract documents a-j City of Port Orchard and County Line Construction, iiC Public Works ProjeetN❑_ C07.0049 Rev.IODRA-2022 Small Works Con tract No. CE17.0049 Page 8 of 261 Page 1 of 27 DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08 Back to Agenda All of the above listed Contract Documents are each made exhibits to this Agreement and are iincorpora ted into the Agreement as if set forth in full. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. These Contract Documents complement each other in describing a complete work. Any requirement In one document binds as if stated in all. The Contractor shall provide any work or materials clearly implied in the Contract even if the Contract does not mention it specifically. 2. Date of Commencement and Substantial Completion Date. The date of commencement shall be not later than July 31, 2023. The Contractor shall substantially complete the Work not later than September 30, 2023, subject to adjustment by change order. 3. The Contractor shall do all work and furnish all tools, materials, and equipment in accordance with the above -described Construction Contract Documents. The Contractor shall provide and bear the expense of all equipment, work, and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing of the work provided for in these Construction Contract Documents, except those items mentioned therein to be furnished by the City. Contractor represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. Subject to additions and deductions by change order, the construction maximum payment is the base bid amount of $76,510.57 (applicable sales tax included) (hereinafter "Contract Sum"). The construction Contract Sum shall include all items and services necessary for the proper execution and completion of the work. The City hereby promises and agrees with the Contractor to employ and does employ the Contractor to provide the materials and to do and cause to be done the work described in the Construction Contract Documents and to complete and finish the same according to the plans and specifications and the terms and conditions herein contained; and hereby contracts to pay for the same at the time and in the manner and upon the conditions provided for in this Contract. S. The Contractor agrees to comply with all state and federal laws relating to the employment of labor and wage rates to be paid. The Contractor agrees to furnish insurance of the types and in the amounts set forth in the Construction Contract Documents. The Contractor warrants that it is licensed and authorized to do business Under the laws of the State of Washington and has not been suspended or debarred in the past three (3) years. 6. The Contractor agrees to repair and replace all property of the City and all property of others damaged by Contractor, Contractor's employees, sub -contractors. 7. The Contractor does hereby agree to the full performance of all the covenants herein upon the part of the Contractor. Such agreement shall be binding upon Contractor's heirs, executors, administrators, successors, and assigns. S. It is further provided that no liability shall attach to the City of Port Orchard by reason of entering into this Construction Contract, except as expressly provided herein. 9. Title VI. The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, must affirmatively insure that its contracts comply with these regulations. City of Port Qrchord pnd County Line CUPStrucrion, LLC Public works Project No, CE17--0049 Rev. IBDR 4-2027 Small works Contract No. CE17-DO49 Page 2 of 27 Page 9 of 261 DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08 Back to Agenda Also, in accordance with Title Vl, the City is required to include the following clauses in every contract subject to Title V1 and its related regulations. Therefore, during the performance of this Agreement, the Contractor, for itself, its assignees, and successors in interest agrees as follows: a) Compliance with Regulations: The Contractor will comply with the Acts and the Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation, Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made a part of this Agreement. b) Nondi5crim;nation. The Contractor, with regard to the work performed by it during this Agreement, will not discriminate on the grounds of race, color, national origin, sex, age, disability, income -level, or LFP in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in Appendix A, attached hereto and incorporated herein by this reference, including employment practices when this Agreement covers any activity, project, or program set forth in Appendix B of 49 C.F.R. part 21, C) Solicitations for Subcontracts, including Procurement5 of Materials and Equipment. In all solicitations, either by competitive bidding, or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the Contractor's obligations under this Agreement and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, national origin, sex, age, disability, income - level, or LFP. d) Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and itsfacilities as may be determined by the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of the Contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the City or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. e) Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the Non- discrimination provisions of this Agreement, the City will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: 1. withholding payments to the Contractor under the Agreement until the contractor complies; and/or 2. cancelling, terminating, or suspending the Agreement, in whole or in part. f) Incorporation of Provisions: The Contractor will include the provisions of paragraphs 9.a through 9.f in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the City or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with City of PortOrchvrd and iounty Une Construction UC Public Works Project No. CE17.0049 Rev.18DR 4-2022 smofr Works Contract No. CEs 7.0049 Page 10 of 261 Page 3 of 27 DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08 Back to Agenda litigation by a subcontractor, or supplier because of such direction, the Contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. 10. Public Records Act Chapter 42.56 RCW. Contractor understands that her/his bid response documents, and any contract documents may be subject to release under the Public Records Act Chapter 42.56 RCW and the City may be required to disclose such documents upon a request. Contractor acknowledges that s/he has been advised to mark any records believed to be trade secrets or confidential in nature as "confidential," If records marked as "confidential" are found to be responsive to the request for records, the City as a courtesy to the Contractor, may elect to give notice to Contractor of the request so as to allow Contractor to seen a protective order from a Court. Contractor acknowledges and agrees that any records deemed responsive to a public records request may be released at the sole discretion of, and without notice by, the City. O r deteFFRRed by the eFiginal Azd P aFts Shall b e- used Feb U A 9F u6e d part5 wil 1 not be acceptable. When (Waved) 12. Indemnification. Contractor shall defend, indemnify, and bold the City, its officers, officials, employees, agents, and volunteers harmless from any and all claims, injuries, damages, lasses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the sole negligence of the City. The City's inspection or acceptance of anyof Contractor's work when completed shall notbe grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negllgence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THATTHE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THATTHEY HAVE MUTUALLY NEGOTIATED THIS WAVER. The provisions of this section shall survive the expiration or termination of this agreement. 13. Miscellaneous Provisions. City of Port orcAord and COu*ty tine [nn$tnrtdiorr, L!C PLrNic'Narks Protect No. CE27.0049 Smarr Works Contruct No, CE]7-0049 Rev. r8DR 4-2022 Page 4 of 27 Page 11 of 261 DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08 Back to Agenda a) Non -Waiver of Breoch. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. b) Resofution of Disputes and Governing tow. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. if the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this. Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the Kitsap County Superior Court, Kitsap County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's Tight to indemnification under Section Xil of this Agreement. c) Written Notice. All communications regarding this Agreement shaii be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given it sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. d) Assignment. Any assignment of this Agreement by either party without the written consent of the non -assigning party shall be void. If the non -assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. e) Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binning unless in writing and signed by a duly authorized representative of the City and Contractor. f) Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. g) Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. h) Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. City of Fort orchard and cotmty line Caristruction, iiC Auhirc Works Project No- CE17.0049 Small works Contract No, CEI7-D049 Page 12 of 261 Rev, ip,DR 4-2022 Page 5 c4 27 DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08 Back to Agenda IN WITNESS WHEREOF, the parties hereto have caused this contract to be duly executed on the date first written above. CITY OF PORT ORCHARD CONTRACTOR DocuSigned by: �b P� s 14 (1yKkkkbMj LLB - Robert Putaansuu, Mayor By; Its: ATTEST/AUTHENTICATE: DocuSigned byy::11�'�'� �"""" 6V'AJAJ. 0Jd L d,L Brandy Wallace MMC, City Clerk N�k"Q,oRT _0,9'fl,,,,,, 'SEAL APPROVED AS TO FORM: _ _ DocuSigned by: .�� •� •�MaER Charlotte A. Archer, City Attorney MY of ?art Orchard and County tine Con-ctrurVon, LLC PUblk ftfks Pfojec[ Ift CE17-01049 Rev.18DR 4-2022 Small Works Controct no. [F27--pp49 Page 6 of 27 Page 13 of 261 DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08 Back to Agenda CERTIFICATE AS TO CORPORATE PRINCIPAL 1, k (Corporate Officer (Not Controct5ignerl) certify that I am the OVAL( (Corporate ritie) of the corporation Aarned as the Contractor in the Agreement attached hereto; that C&&AM LAAe,antract Signer) who signed said Agreement on behalf of the Contractor, was 41en — 1oey (Corporate Title) of said corporation; that said Agreement was daily signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers. Corporate Seal Corp. officer si nature ('riot contract signer) Printed niAmexf IMI« State of } Ss County of P i'crce— ) (corporate officer (not contract signer)) being duly sworn, deposes and says that he/she is 0 W'r (Corporate Title) of r }f Lk�p C lM , UU C • (Nome of Corporation) Subscribed and sworn to before me this � day a 20_s DAMIEUF L OSTROA Notary Public: State of Washington CflrnrniSs1D0 Y 71029324 µy comm- Expires Sep 29, 2025 Crtyof p❑norchard and county Line Construcrien, LLC public Works Project No. CE1T--W49 Smaff Works Contract NO.CE17-13049 Notary Public (Signature) 0-,Y,I.C.R e- L- b Notary Public (Print) My commission expires .5 Page 14 of 261 Rev. IBDR 4-2022 Page 7 of 27 DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08 Back to Agenda CITY OF PORT ORCHARD PUBLIC WORK PROJECT TERMS AND CONDITIONS The faIIowingterm s and conditions shall be used in conjunction with the Standard Specifications for Road, Bridge and Municipal Construction, 2022 edition, together with the APWA Supplement (Section 1-99), as issued by the Washington State Department of Transportation and American Public Works Association, Washington State Chapter, hereinafter referred to as the "standard specifications". The standard specifications, except as they may be modified cr superseded by these provisions, shall govern all phases of work under this Contract, and they are by reference made an integral part of these Specifications and Contract as if herein fully set forth. When the provisions of the standard specification conflict with the terms and conditions as contained herein, the terms and conditions shall prevail., 1. BID PRICE: The bid price(s) shall include all necessary permits, fees and items of labor, material, equipment, tools, overhead and compensation, supplies, taxes, utilities, and other incidentals necessary to complete the work in a fully functional and operational state. All prices including bid prices are in US funds. 2, DEFINITIONS: The term "City" means Port Orchard, Washington, "successful bidder" means the apparent lowest and best responsible bidder to whom an award is made, and "Contractor" means the successful bidder who has satisfied the requirements for the award and who receives a contract executed by the City. "Bidder" means the person, firm or corporation that has made an offer in response to the invitation to bid. "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment, and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. 3. LICENSING AND REGISTRATION: The Contractor must have a Washington State certificate of registration per chapter 18.27 RC; a current state unified business identifier number; and if applicable, industrial insurance coverage for the bidder's employees working in Washington, an Employment Security Department number, and a state excise tax registration number. In addition, the bidder must not be disqualified from bidding on any public works contracts under RCW 39.06.010 or 39.12.065(3). 4. PUBLIC WORK REQUIREMENTS: This project constitutes a public work under state law. Bidders are warned to take into consideration statutory legal requirements, particularly, the payment of prevailing wages and fringe benefits, payment and performance bonds and sales tax implications in making their bids. it is the sole responsibility of the bidder to insure that the appropriate labor classification(s) are identified and that the applicable wage and benefit rates are taken into consideration when preparing their bid according to these specifications. The Contractor shall complete and file State of Washington, Department of Labor & Industries, Statement of intent to Pay Prevailing Wages and Affidavit of wages Paid forms and shall familiarize itself with their requirements. The Contractor shall also be responsible for and pay all costs pertaining to the processing of these forms. S. PREVAILING WAGES: The Contractor shall pay prevailing wages as required and shall comply with Chapters 39.12 and 49.28 RCW. Prior to beginning work under this Contract, the Contractor shall submit -- on behalf of itself and each and every Sub -Contractor -- a "Statement of Intent to Pay Prevailing Wages," which must be approved by the Department of Labor and Industries {See link C4 at Port Orchard arrd Co urlty i me Cans tnxtior, it c Pub fit Works Prayect No. CEJ7-0044 R". ISDR 4.2022 Smvif Warks contract No.CFJ 7.0049 Page 8 of 27 Page 15 of 261 & DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08 Back to Agenda below.) Ful lowing the final acceptance of the project, the Contractor must submit -- cn behalf of itself and every Sub -Contractor -- an "Affidavit of Wages Paid" for final payment. Final payments shall be made in accordance with the requirements of Chapter 39.12 RCW. Refer to htt www.Ini.wa.gov/Trad esU ce risi nPrev a e Wa eRates d efa ult. a sp for Washington State Prevailing Wage rates. 6. INSURANCE REQUIREMENT: The successful bidder will furnish insurance as stipulated in the Attachment entitled "Insurance Requirements." 7. RECEIPT OF ADDENDA: All official clarifications or interpretations of the bid documents will be by written addenda only. $. PROJECT COMPLIANCE: in Compliance with the request for quotation, Bidder hereby proposes to perform all work for this project in strict accordance with the Contract Documents, at the Contract Sum, and within the time set forth herein with the understanding that time is of the essence in the performance of this Contract. 9. TAXES: Proposals shall include all applicable taxes except sales tax, which is a separate bid item. It shall be the Bidder's responsibility to furnish Federal Excise Tax Exemption Certificate, when applicable. 10. ERROR IN EXTENSION: Unit price, when used, shall govern in case of extension error. If a discrepancy between the numerical unit price and the written (words) unit price is found, the written (words) unit price shall control. 11. PERMITS AND FEES, The Contractor shall furnish all permits, inspection fees, and fees required in the performance of this Contract, including those charged under RCW 39.12.070 bythe Department of Labor and Industries for the approval of statements of intent to pay prevailing wages and the certification of affidavits of wages paid, etc. The Department may also charge fees to persons or organizations requesting the arbitration of disputes under RCW 39.12.060, The Contractor is responsible for all fees resulting from these statutes. 12. CONTRACT: The Contract Documents ("Contract"), when properly signed, will be the only form that will be recognized by the City as an award. The executed Contract supersedes all previous communications and negotiations, except as referenced herein, and constitutes the entire agreement between the City and Contractor (parties), except as provided herein. The Contractor shall not make any changes, alterations, or variations in the terms of the Contract without the written consent of tine City. No terms stated by the Bidder in its proposai shall be binding on the City unless accepted in writing by the City. The successful bidder may not assign the Contract resulting from this invitation to bid without the City's prior written consent. No waiver by the City of a breach of any provision of the terms and conditions outlined in the invitation to bid shall constitute a waiver of any other breach of such provision or of any other provisioris. 13. CHANGES: The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the person listed in the Notice provision section of this Agreement, within fourteen (14) calendar days of the date Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to City of Port orchar4 and Couhfy line consvartion, t tc Public Works PrvjertNo. CE17-DD49 Rev. I6r1R 4-2022 5mPN work] Contract No.CE17.0049 Page 9 of 27 Page 16 of 261 N1 DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08 Back to Agenda reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. if the Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section 13 entitled, "Claims," below. The Contractor accepts all requirements of a change order by; (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of ail claims for contract time and for direct, indirect, and consequential costs, including costs of delays related to any work, either covered or affected by the change. 14. CLAIMS: If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claimswithin fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first. Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items I through S below_ FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVEiVTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Cfo m. Provide a signed written notice of claim that provides the fallowing information: 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and S. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. City of Port arrhard andCovnr[ Line Consrrucrlon, LEC Public Wv+ sPro)ectJVa.CI;17-0049 Rev. In R 4-2022 Smalj Works Contract Na. CE17-0049 Page 17 of 261 Page 10 of 27 DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08 Back to Agenda The City will evaluate all claims, provided the procedures in this section are followed, if the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Contractor's Duty to Complete Protested Work. in spite of any claim, the Contractor shall proceed promptJy to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). 15. LIMITATION OF ACTIONS: CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. 16. WORK PERFORMED AT CONTRACTOR'S RISK: Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work: shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tool$, or other articles used or held for use in connection with the work. 17. COMPLIANCE WITH LAWS AND REGULATIONS: The Contractor warrants full compliance with all applicable local, state, or federal laws and regulations and agrees to indernify and defend the City against any loss, cost, liability, or damage, including reasonable attorney's fees, by reason of successful bidder's violation of this paragraph. 18, EMPLOYMENT OF STATE RETIREES: The City is a "DRS-covered employer" which is an organization that employs one or more members of any retirement system administered by the Washington State Department of Retirement Systems (DRS). Pursuant to RCW 41.50.139(1) and WAC 415-02-325(1), the City is required to elicit on a written form if any of the Contractor's employees providing services to the City retired using the 2008 Early Retirement Factors (ERFs), or if the Contractor is owned by an individual who retired using the 2008 FRFs, and whether the nature of the service and compensation would result in a retirement benefit being suspended. Failure to make this determination exposes the Cityto significant liability for pension overpayments. As a result, before commencing work under this Agreement, Contractor shall determine whether any of its employees providing services to the City or any of the Contractor's owners retired using the 2008 ERFs, and shall immediately notify the City and shall promptly complete the form provided by the City after this notification is made. This notification to DRS could impact the payment of retirement benefits to employees and owners of Contractor. Contractor shall indemnify, defend, and hold harmless the City from any and all claims, damages, or other liability, including attorneys' fees and casts, relating to a claim by DRS of a pension overpayment caused by or resulting from Contractor's failure to comply with the terms of this provision. This provision shall survive termination of this Agreement. 19. TERMINATION: This Contract may be terminated in whole or in part, without penalty, under the following conditions: 1) by mutual written agreement; 2) by the City for breach by the Contractor of any Cky of Part Orchord arrd County Line Construction, LLC Public Works Project No. CE1 a 0049 Rev- IBDR 4-2022 5ma# Works Contract No. CEI7-0049 Page 18 of 261 Page 11 of 27 DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08 Back to Agenda of the obligations or requirements set forth in the Contract Documents which would, at the option of the City, require the Contractor to assume liability for any and all damages, including the excess of re - procuring similar products or service$; 3) for convenience of the City; or 4) by the City for non - appropriation of funds. a) Termination for Cause. The City may, upon 7 days written notice to Contractor and to its surety, terminate (without prejudice to any right or remedy of the City) the contract, or any part of it, for cause upon the occurrence of any one or more of the following events: Contractor fails to complete the work or any portion thereof with sufficient diligence to ensure substantial completion of the work within the contract time; Contractor is adjudged bankrupt, makes a general assignment for the benefit of its creditors, or a receiver is appointed on account of its insolvency; Contractor fails in a material way to replace or correct work not in conformance with the Contract Documents, Contractor repeatedly fails to supply skilled workers or proper materials or equipment; Contractor materially disregards or fails to comply with Iaws, ordinances, rules, regulations, or orders of any public authority having jurisdiction; or Contractor is otherwise in material breach of any provision of the contract. Upon termination, the City may, at its option, take possession of or use all documents, materials, equipment, too€s, and construction equipment and machinery thereon owned by Contractor to maintain the orderly progress of, and to finish, the work, and finish the work by whatever other reasonable method it deems expedient. b) Termination for Convenience. The City may, upon written notice, terminate (without prejudice to any right or remedy of the City) the contract, or any part of it, for the convenience of the City. c) Settlement of Costs. If the City terminates for convenience, Contractor shall be entitled to make a request for an equitable adjustment for its reasonable direct costs incurred prior to the effective date of the termination, plus a reasonable allowance for overhead and profit on work performed prior to termination, plus the reasonable administrative costs of the termination, but shall not be entitled to any other costs or damages, whatsoever, provided however, the total sum payable upon term ination shall not exceed the Contract Sum reduced by prior payments. 20. COMPLIANCE WITH TERMS: The City may at any time insist upon strict compliance with these terms and conditions, notwithstanding any previous custom, practice, or course of dealing to the contrary. 21. PAYMENT: Contractor shalt maintain time and expense records and provide them to the City along with monthly invoices in a format acceptable to the City for work performed to the date of the invoice. All invoices shall be paid by the City within 45 days of receipt of a proper invoice, If the services rendered to not meet the requirements of the Contract, Contractor will correct or modify the work to comply with the Contract. City may withhold payment for such work until the work meets the requirements of the Contract. 22. RETAINAGE: Unless the City waives the retainage requirement in accordance with RCW 39.04.155(2)(f , the City shall, pursuant to the requirements of RCW 60-28.011, retain five percent (5%) of the monies earned under this Contract, which shall be maintained by the City according to the Contractor's requested method. 23. DISPUTE RESOLUTION: In the event there is a dispute between the parties, the parties agree to resolve that dispute in the following manner: (a} The parties shall attempt in good faith to resolve any dispute promptly through negotiation, Either party may give the other party written notice that a dispute exists (a "Notice of Dispute"). The Notice of Dispute shall include a statement of such Party's position. Within ten (10) days of the delivery of the Notice of Dispute, the parties shall meet at a mutually acceptable time City of Fart Orchard and County Line Constriction, LLC Public Works PrajectNo. CE17-0049 ReV.lBDR 4.2OZ2 Small Works Contract No. CEI7-W43 Page 12 or 27 Page 19 of 261 DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08 Back to Agenda and place and attempt tore solve the dispute; (b) If the parties are unable to resolve the dispute, they may elect to submit the dispute to mediation. The cost of the mediation shall be home equally by the parties. The mediator shall be selected by the mutual agreement of the parties; (c) If the mediation does not result in a settlement of the dispute, the dispute shall be settled by binding arbitration by the Judicial Arbitration and Mediation Services ("JAMS") in accordance with the then operative construction rules of JAMS. The parties may select an arbitrator by mutual agreement, or if unable to agree, the arbitrator will be selected pursuant to the rules of JAMS. The parties shall be bound by the decision of such arbitrator. The arbitration shall be conducted in Kitsap County, Washington; provided, if JAMS is unable to conduct the arbitration in Kitsap County, then the arbitration shall be held in such location as the parties may agree after consulting with JAMS. City of Parr Orchard and County tine Conmur [ivn, UC PvNe'C Works Project No. Cf 17-0049 5ma11 Works Conrrarr No. CE17-M49 Page 20 of 261 Rev IDDR4-2422 Page 13 of 2l DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08 Back to Agenda CITY OF PORT ORCHARD INSURANCE REQUIREMENTS Insurance Term. The Contractor shall procure and maintain for the duration of the Contract with the City, insurance as described herein, without interruption from: commencement of the Contractor's work through the term of the contract and for thirty (30) days after the physical completion date, unless otherwise indicated herein. Such insurance shall be against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees and subcontractors and shall meetthe requirements herein. No Limitation. The Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. Minimum Scope of Insurance. The Contractor shall obtain insurance of the types described below: • Automobife Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. • Commercial General Liabifity insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop gap liability, independent contractors, products -completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 1185 or an equivalent endorsement. There shall be no endorsement or modification of the Commercial General Liability Insurance for liability arising from explosion, collapse, or underground property damage. The City shall be named by endorsement as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional insured endorsement CG 20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage, • Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. • Employers' Liability coverage to include bodily injury, and bodily injury by disease. Employers Liability coverage may be included in the Contractor's General Liability Coverage or as a stand- alone policy. • Builder5 Msk insurance covering interests of the City, the Contractor, Subcontractors, and Sub - subcontractors in the work. Builders Risk insurance shall be on an all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including flood, earthquake, theft, vandalism, malicious mischief, collapse, temporary buildings, and debris removal. The Builders Risk insurance covering the work will have a deductible of $5,000 for each occurrence, which will be the responsibility of the Contractor. Higher deductibles for flood and earthquake perils may be accepted by the City upon written request by the Contractor and written acceptance by the City. Any increased deductibles accepted by the City will remain the City of Port QrrhOrd and County fine Construction, !LC Pubic Works Project No. CEI7.0049 Rev. I BDR 4-2027 SmaN Works Contract No_ CEJ 7-oo49 Page 14 of 27 Page 21 of 261 6 DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08 Back to Agenda responsibility of the Contractor. The Builders Risk insurance shall be maintained until final acceptance of the work by the City. * Employer's Liability insurance limit of $1,000,000 each accident, Employer's Liability Disease each employee $1,000,000 and Employer's Liability Disease — policy limit $1,000.000. Minimum Amounts of Insurance. The Contractor shall maintain the following insurance limits: • Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000.000 per accident. • Camrr3erciof General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products -completed operations aggregate limit. • Builders Risk insurance shall be written in the amount of the compieted value of the project with no coinsurance provisions. • WOrkers'Compensation insurance as required by the State of Washington. • Employer's Liability insurance with Washington Stop Gap Employers' Liability minimum limits of $1,000,000 each accident, $1,000,O00 disease - each employee, $1,000,000 disease - policy limit. The City will not be responsible for payment of industrial insurance premiums or for any other claim or benefit for this Contractor or any sub -Contractor or employee of the Contractor which might arise under the industrial insurance laws during the performance of duties and services under this contract. If the Department of Labor and Industries, Upon audit, determines that industrial insurance payments are due and owing as a result of work performed under this contract, those payments shall be made by the Contractor; the Contractor shall indemnify the City and guarantee payment of such amounts. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance limits than the minimums shown above, the Public Entity shalt be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this contract or whether any certificate of insurance furnished to the Public Entity evidences limits of liability lower than those maintained by the Contractor. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the foflowing provisions for Automobile Liability, Commercial Generai Liability and Builders Risk insurance: * The Contractor'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 Contractor's insurance and shall not contribute with it. If any coverage is written on a "claims made" basis, then a minimum of three (3) year extended reporting period shall be included with the claims made policy, and proof of this extended reporting period shall be provided to the City. Contractor's Insurance for Other losses. The Contractor shall assume full responsibility for all foss or damage from any cause whatsoever to any tooiS, Contractor's employee -awned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences. City of Fort Orchard and Cot,rtty tine Constrwta,, 11C Pubfk Wags Project No. CE17-Wig Rev. IBDR 4.2022 Smaii Works Contract ,vo. CEI7-CO4g Page 22 of 261 page 15 of 27 DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08 Back to Agenda Waiver of 5ubro atian, The Cvntraeior waives all rights against the City, any of its Subcontractors, Sub - subcontractors, agents, and employees, for damages caused by fire or other perils to the extent covered by Builders Risk insurance or other property insurance obtained pursuant to this Insurance Requirements Section of the Contract or other property insurance applicable to the work. The Contractor's insurance shall be endorsed to waive the right of subrogation against the City, or any self-insurance, or insurance pool coverage maintained by the City. The City will not waive its right to subrogation against the Contractor. The Contractor's insurance shall be endorsed acknowledging that the City will not waive its right to subrogation. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANIL Verification of_C ra e. The Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. Before any exposure to lass may occur, the Contractor skull file with the City a copy cf the Builders frisk insurance policy that includes all applicable conditions, exclusions, definitions, terms, and endorsements related to this project, Subcontractors. Contractor shall ensure that each subcontractor of every tier obtain at a minimum the same insurance coverage and limits as stated herein for the Contractor (with the exception of Builders Risk insurance). Upon request the City, the Contractor shall provide evidence of such insurance. The Contractor shall ensure that the Public Entity is an additional insured on each and every Subcontractor's Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 Ot for completed operations. Notice of Cancellation. The Contractor's insurance shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been provided to the City. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. Failure to Maintain Insurance. The insurance required by this Section will not be canceled, materially changed or altered without forty-five (45) days prior written notice submitted to the City. Failure on the part of the Contractor to maintain insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days' notice to the Contractor to correct the breach, immediately terminate the Contract, or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset againstfunds due the Contractor from the City. city of Pon arch and and County Line Cnnsuur Ilan, UC Pjbl;c Works Projecrho. CE17-0049 im.p8 Words Canrrart No. CE17-0049 Page 23 of 261 Rev, I BDR 4-207 2 Page 36 of 27 DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08 Back to Agenda CITY OF PORT ORCHARD DECLARATION OF OPTION FOR PERFORMANCE AND PAYMENT BOND OR ADDITIONAL RETAINAG E APPLICABLE TO CONTRACTS OF $150,000 OR LESS —RCW 39.08.010) NOTE 1: This form must be submitted at the time the Contractor executes the Con troct, The Contractor shall designate the option desired by checking the appropriate spore. {VOTE 2. Regardless of choice under Section 2 of this forma, the C'ontroctor will be required to provide a worron tyjmointenance bond effective at project close out prior to either release of the performance bond or release of the 10% retoinoge. 1. The Contractor shall provide 5% retainage, pursuant to RCW 60.28.011(1)(a) 2. In addition, the Contractor elects to (select one): (1) Furnish a performance bond in the amount of the total contract sum. Are executed performance bond on the required farm is included with the executed contract documents. W (2) Have the City retain, in lieu of the performance and payment bonds, an additional 5% for a total of ten percent (10%) of the total contract amount for a period of thirty days after bate of final acceptance, or until receipt of all necessary releases from the department of revenue, the employment security department and the department of labor and industries and settlement of any liens filed under chapter 60.28 RCW, whichever is later. (RCW 39.08.010) In choosing option 2, the Contractor agrees that if the Contractor, its heirs, executors, administrators, successors, or assigns, shall in ail things stand to and abide by, and we11 and truly keep and perform the covenants, conditions and agreements in the Contract, and shall faithfully perform all the provisions of such Contract and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of the Contract that may hereafter be made, at the time and in the manner therein specified, and shall pay all laborers, mechanics, subcontractors, and rnate rialrnen, and all persons who shall supply,such person or persons, or subcontractors, with provisions and supplies for the carrying on of such work, on his or her part, and shall defend, indemnify, and save harmless the City of port Orchard, Washington, its officers and agents from any claim for such payment, then the funds retained in lieu of a performance bond shall be released at the time provided in said option 2; Otherwise, the funds shall be retained til the Can a or fulfills the said obligations. Contractor Signature Date Bond No.� 2� City of Port Oachard and County line £castruction, tic Public Works Prefect No. £EJ7--0049 Rev. ISbR 4-2022 Small works Con rract No.CE17-0049 Page 24 of 261 Rage 17 of 27 DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08 Back to Agenda PERFORMANCE AND PAYMENT BOND CITY OF PORT ORCHARD Crawford Road Abatement PUBLIC WORKS PROJECT NO. CE17-0049 Bond to City of Port Orchard, Washington Bond No.� 1, c�Ave Cww� We, , and rincipal) (Surety) a k Corporation, and as a surety corporation authorized to become a surety upon i3 nds of Contractors with municipal corporations in Washington State, are jointly and severall bound to the City of Port Orchard, Washington ("Owner"), in the penal sum of UloDo Dollars ($_ 1,000 —00 —J, the payment of which sum, on demand, we bind ourselves and our successors, heirs, administrators, executorS, or personal representatives, as the case may be. This Performance Bond is provided to secure the performance of Principal in connection with a contract dated 241L between Principal and Owner for a project entitled Crawford Road Abatement Project No. CE17-049 ("Project"). The initial penal sum shall equal 100 percent of the Total Bid Price, including sales tax, as specified in the Proposal submitted by Principal. NOW, THEREFORE, this Performance and Payment Bond shall be satisfied and released only upon the condition that Principal, its heirs, executors, administrators, successors, or assigns: • Faithfully performs all provisions of the? Contract and changes authorized by Owner in the manner and within the time specified as may be extended under the Contract; • Pays all laborers, mechanics, subcontractors, lower tier subcontractors, material persons, and all other persons or agents who supply labor, equipment, or materials to the Project; • Pays the taxes, increases and penalties incurred on the Project under Titles 50, 51 and 82 RCW on: (A) Projects referred to in RCW F0.28.011(1J(b); and/or (B) Projects for which the bond is conditioned on the payment of such taxes, increases and penalties; and Posts a two-year warranty/maintenance bond to secure the project. Such bond shall be in the amount of twenty percent (20%) of the project costs. Provided, further that this bond shall remain in full force and effect until released in writing by the City at the request of the Surety or Principal_ The surety shall indemnify, defend, and protect the Owner against any claim of direct or indirect loss resulting from the failure: • Of the Principal (or any of the employees, subcontractors, or lower tier subcontractors of the Principal) to faithfully perform the contract, or Of the Principal (or any subcontractor or lower tier subcontractor of the Principal) to pay all laborers, mechanics, subcontractors, lower tier subcontractors, material person, or any other person who provides supplies or provisions for carrying out tine work. city of Porr orchard and county tine Construction, UC Public Works Project No. CE37-0049 Rev. 18DR 4-2022 Small works Contract No. CEI7--0049 Page 25 of 261 Page 18 of 2i DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08 Back to Agenda The liability of Surety shall be Iirnited to the penal sum of this Performance and Payment Bond. Principle and Surety agree that if the owner is required to engage the services of an attorney in connection with enforcement of this bond each shall pay the Owner reasonable attorney's fees, whether or not suit is commenced, in addition to the penal sum. No change, extension of time, alteration, or addition to the terms of the Contract or to the Work to be performed underthe Contract shall in anyway affect Surety's obligation on the Performance Bond. Surety hereby waives notice of any change, extension of time, alteration, or addition to the terms of the Contract or the Work, with the exception that Surety shall be notified if the Contract time is extended by more than twenty percent (20%). If any modification or change increases the total amount to be paid under the Contract, Surety's obligation under this Performance and Payment Bong shall automatically increase in a like amount. Any such increase shall not exceed twenty-five percent {25%) of the original amount of the Performance and Payment Bond without the prior written consent of Surety. This Performance and Payment Bond shall be governed and construed by the laws of the State Of Washington, and venue shali be in Kitsap County, Washington. IN WITNESS WHEREOF, the parties have executed this instrument in two (2) identical counterparts this day of , 20 Principal Signature of Authorized Offidal By_ Printed Name and Title Name and address of local office of Agent and/or Surety Company: Surety Signature of Authorized Official By Attorney in Fact (Attach Power of Attorney) Surety companies executing bonds must appear on the current Authorized Insurance List in the State of Washington per Section 1-02.7 of the Standard Specifications. City of Port Orchard and Cozm+ tine Construction, I I C Public works Praiart No. CH7-0049 Rev. I8DR 4-2022 SmaN works Cfmtrnct No.CF17--0049 Page 26 of 261 Page 15of 27 DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08 Back to Agenda ACKNOWLEDGEMENT Corporation, Partnership, or individual STATE OF W &'�� ) }ss• COUNTY OF � {.Y ) On this ?� day of J LXriR- , 20,2, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn*, personally appeared ace to me Known to be the (check one of the following boxes): we)( of LVA UA t CW "he corporation, ❑ of , the partnership, ❑ individual, that executed the foregoing instrument to be the free and voluntary act and deed of said gcorporat' on, ❑ partnership, ❑ individual for the uses and purposes therein mentioned, and on oath stated that ❑ he ❑ she was authorized to execute said -instrument. WITNESS my hand and official sea] hereto affixed the day and year first above written. 0ANIELLE L OSTROM Notary Public State of Washington Commission N 21029324 My Comm, Expires Sep 29, 2025 Natw7 Seal with Ink Stamp Elated: A f- L__. D +' , Print or type name NOTARY PUBLIC, in and for the State of Washington Residing at: Qli56-'r-b My Commission expires: City of Port Orch cnd and County line Comtrmtivn, l l C publk Works Profecr No. CE27-W49 Rev. IBDR 4-2022 SFwll Works Controcr No. CEI7.0049 Page 27 of 261 Page 20 of 27 DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08 Back to Agenda SURETY ACKNOWLEDGEMENT STATE OF j 55- COUNTY OF 1 On this day of 120 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the of the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that ❑ he ❑ she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. Dated: Pfint or type name NOTARY PUBLIC, in and for the State of Washington Residing at: My Commission expires: Nvrat7 Seal twilh Ink Stump City of Port 0rehnrd and County Line Construction, LLC Public Works Peoject No- CFI7--0049 Rev. IRDR 4-7022 Small works Controct No. CEI7,0049 page 28 of 261 Page 21 of 27 DocuSign Envelope ID: 4D6FEF55-E997-4328-AO22-8A4EF4D14C08 Back to Agenda IRIa�11i�i�+f 1■. , W � a, a a 4E— iir nr+ hl-. VXXXV,)� i a • i. _ •■ ■ —ROMMIM.■ i . Abu • M7. 1 � ■ w Y { 1 ■ r - ■ 1 Cityof Port Orch aid and CCWnty tine ConWuct1un, UC Public works Project No. CEITOW9 Rev, IBDR4-2022 Small works Contract Na. CEI7-ppA9 Page 22 of 27 Page 29 of 261 DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08 Back to Agenda it 01111 mrsr.E>enrs::�s:�, MM City of Port prcfaard and County tine Construction, Lf C pubfic Works Pro)erf No. CH7-W49 Rev. IBDR4-2022 5mvi+ Works Con�roct No. CF17-W49 Page 30 of 261 page 23 of 27 DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08 Back to Agenda C4 of Fart otehard and County tine COF7sUlrEttoR, UC Public Works PrChi-t NO. Cf17-dU49 Smalf wm*s Contract NO Cf17-W49 Page 31 of 261 Rev_ I Q 6R 4.2022 Page 24 of 27 DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08 Back to Agenda . MOO.- Owz Cityaf port Orchard and County time Construction, !!C Public Works Prafect No. CE17--0049 Rev. l6DR 4-2022 Srnp f Works Contract No. CEI 7-W49 Page 32 of 261 Page 25 of 27 DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08 Back to Agenda City of Pori Orrherd and Courrty Une Comtnrrf oa, LIC pw.e Warts Profed No. Cf37-W9 Rev. I8pR 4-2022 small works Contract No-CE17-M49 Page 33 of 261 Page 26 of 21 DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08 Back to Agenda Western Surety Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That WESTERN SURETY COMPANY, a corporation organized and existing under tho laws of the State of South Dakota, and authorized and licensed to do business in the States of Alabama, Alaska, Arizona, Arkansas, California, Cetorado, Connecticut, Delaware, Distract cf Columbia, Florida, Georgia, Hawaii, Idaho, lilinois, Indiana, Iowa, Kansas, Kentucky. Louisiana. Melne. Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire. New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohlo, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virgiflia, Wisconsin, Wyoming, and the United States of America, does hereby make, consNute and appoint P ul T. Bruf lat of Sioux £ails State of Snurh Dakota its regularly elected d . as Attorney -in -Fact, with full power and authority hereby conferred upon him to sign, execule, acknowledge and deliver for and on Its behalf as Surety and as its act and dQed, the following bond: One contractors License bond with band number for Co--Construction.LLC as Principal in the penalty amount not to exceed: $12._4tau.. 4_tl Western Surety Company further certifies that the fallowing is a true and exact copy of Section 7 of the Maws of Western SunM y COmparty duty adopted and now in force, to -wit- Section 7. All bonds, pohbeS, undertakings. Powers of Attomay, or other obligations of the corporation shall be executed in the Corporate name of the Company by the President. Secretary, any Assistant Secristary. Treasurer, or any Vice President, or by such other officers as the Board of Directurs may authorize. The Presideot, any ViCe President, Secretary, any Assistant Secretary, or the Treasurer may appoint Aticrneys-In-Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Cornpany, The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of AUOrney or other Wig ations. of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile, In Witness Whereef, the said WESTERN SURETY COMPANY has iCausad these presents to be executed by its with the corporate seal affimed this _-- S ;. h day of Se errb r 2019 ATTEST WESTE IN U R E T COMPANY By ` L NeleOn. Assistant Secretary Paul Bruflat, Vice President STATE OF SOUTH DAKOTA �- ss COUNTY OF MINNEHAHA On this - lath day of SPRtember 2019 _ before me, a Notary Public, personally appeared Paul T. Bruflat and L. [nelson who. being by me duly swam, acknor+tifedged That they signed the above Power of Attorney as Vice President and Assistant Secretary, respec# vely, of the said ► ESTERN SURETY COMPANY. and arknowiedged said Instrument to be the voluntary act and deed of said Corporation. }Y Yhti YY44�4i44i44444w4444 # i J1 MOHR tdq�t� OTAFIY PUBLIC t i At SOUTH DAI OMA sEAI Notary Public +tiY44YiYYtiY4he44444b4i4Y� My Commission Expires June 23, 2021 To validate bond authenticity, go to www.enarsurety&pm > Ownerfobliges Services > Validato Hand Coverage. FCnn F1975r1-3019 Page 34 of 261 :1? DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08 Exhibit A Back to Agenda INVITATION TO BID CITY OF PORT ORCHARD CRAWFORD ROAD ABATEMENTS PUBLIC WORKS PROJECT NO. CE17-0049 May 12, 2023 Notice is hereby given that bids will be received for Crawford Road Abatements. Interested parties should submit their proposals to: City of Port Orchard Department of Community Development Code Enforcement 216 Prospect Street Port Orchard, WA 98366 Email: cciviletti@portorchardwa.gov RE: ITB —Crawford Road Abatements Proposals will be received until 3 P.M. on June 12, 2023. No proposals will be accepted after the above stated time Project Details Site(s): SE Crawford Road 1691 SE Crawford Road 1743 SE Crawford Road Scope of Work: The project consists of three public nuisance / dangerous building abatements under one contract. The location consists of two residential properties and one private road. (Full scope of work attached). This project consists of work to be performed within 60 working days from the contract date and consists of furnishing all materials, equipment, tools, labor and other work or items incidental theretofore. GENERAL TERMS AND CONDITIONS 1. Per RCW 39.12.030, this is a prevailing wage contract and workers shall receive the prevailing wage rate as established by Labor and Industries (L&I). The vendor is required to pay, at a minimum, the applicable prevailing wage rates to those employees performing services under the Contract. The applicable wage rates are set forth in the State of Washington Department of Labor and Industries Prevailing Wage Rate Schedule, RCW 39.12.020. The project site is located in Kitsap County. Project Name Crawford Road Abatement, Project No. CE17-0049, Contract No. TBD Page 1 of 11 001 Page 35 of 261 DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08 Back to Agenda The prevailing wage schedule in effect for the work under the Contract will be the one in effect upon the prime contractor's bid due date with these exceptions: o If the project is not awarded within six (6) months of the bid due date, the award date (the date the contract is executed) is the effective date. o If the project is not awarded pursuant to bids, the award date (the date the contract is executed) is the effective date. o Janitorial contracts follow WAC 296-127-023. The prime contractor bid due date is June 12, 2023. Except for janitorial contracts, the rates in effect on the bid due date shall apply for the duration of the contract (unless otherwise noted in the solicitation). It is the responsibility of the vendor to ensure the appropriate labor classification(s) are identified and that the applicable wage and benefit rates are taken into consideration when preparing their proposal according to these specifications. The selected vendor must submit to the Department of Labor and Industries, a "Statement of Intent to Pay Prevailing Wages". A copy of the certified Intent Statement must be submitted to the City prior to payment of the first invoice. The vendor will pay promptly, when due, all wages accruing to its employees. All invoice or payment applications are required to bear the following signed statement: "I certify that wages paid under this contract are equal to or greater than the applicable wage rates set forth in the Washington State Prevailing Wage Rates for Public Works Contracts issued by the State of Washington Department of Labor and Industries." The selected vendor must submit to the Department of Labor and Industries an "Affidavit of Wages Paid" and a copy of an approved Affidavit must be submitted at the end of the contract to the City before the last payment or any retained funds will be released. The cost of filing a Statement of Intent to Pay Prevailing Wages and Affidavit of Wages Paid with the Department of Labor and Industries shall be at no additional cost to the City. The Director of the Department of Labor and Industries shall arbitrate all disputes of the prevailing wage rate, RCW 39.12.060 and WAC 296-127-060. Look up the prevailing rates of pay, benefit, and overtime codes from this link: http://www.Ini.wa.gov/TradesLicensing/PrevWage/WageRates/defauIt.asp A copy of the prevailing wage rates is available for viewing at the City of Port Orchard Department of Public Works. A hard copy will be mailed upon request. For prevailing wage questions, contact the Department of Labor & Industries at PW1@Lni.wa.gov or 360-902-5335. 2. The company will submit the L&I approved Intent to Pay wlth the invoice. If there is more than one invoice, submit the Intent to Pay with the first invoice and submit the Affidavit with the last invoice. We will not accept the invoice without the approved Intent to Pay from L&I. Project Name Crawford Road Abatement, Project No. CE17-0049. Contract No. T13D— Page 2 of 11 002 Page 36 of 261 DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08 Back to Agenda 3. The successful bidder must have a City business license prior to award of contract and must be an active participant on the MRSC Small Works Roster for the City of Port Orchard. For more information regarding the MRSC roster, visit their website at www.mrscrosters.or . 4. A retainage of 5% will be held on all public improvement projects per RCW 60.28,011. The retainage will be released after the City is provided the Affidavit of Wages Paid and approval of the Department of Revenue. All expenses associated with the prevailing wage rules are the responsibility of the contractor. 5. Insurance Requirements: The successful bidder will furnish insurance as stipulated in the contract documents attachment entitled "Insurance Requirements" 6. A Performance & Payment Bond at 100% of the Contract Value. 7•Value, (Waved) 8. Contractor Disqualification A bidder will be deemed not responsible and the proposal rejected if the bidder does not meet the following responsibility criteria set forth in RCW 39.04.350: 1. Before award of a public works contract, a bidder must meet the following responsibility criteria to be considered a responsible bidder and qualified to be awarded a public works project. The bidder must: a. At the time of bid submittal, have a certificate of registration in compliance with chapter 18.27 RCW; b. Have a current state unified business identifier number; c. If applicable, have industrial insurance coverage for the bidder's employees working in Washington as required in Title 51 RCW; an employment security department number as required in Title 50 RCW; and a state excise tax registration number as required in Title 82 RCW; d. Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065j3y; e. If bidding on a public works project subject to the apprenticeship utilization requirements in RCW 39,04.320, not have been found out of compliance by the Washington state apprenticeship and training council for working apprentices out of ratio, without appropriate supervision, or outside their approved work processes as outlined in their standards of apprenticeship under chapter 49.04 RCW for the one-year period immediately preceding the date of the bid solicitation; f. Have received training on the requirements related to public works and prevailing wage under this chapter and chapter 39.12 RCW. The bidder must designate a person or persons to be trained on these requirements, The training must be provided by the department of labor and industries or by a training provider whose curriculum is approved by the department. The department, in consultation with the prevailing wage advisory committee, must determine the length of the training. Bidders that have completed three Project Name Crawford Road Abatement, Project No. CE17-0049. Contract No. TBD Page 3 of 11 003 Page 37 of 261 DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08 Back to Agenda or more public works projects and have had a valid business license in Washington for three or more years are exempt from this subsection. The department of labor and industries must keep records of entities that have satisfied the training requirement or are exempt and make the records available on its web site. Responsible parties may rely on the records made available by the department regarding satisfaction of the training requirement or exemption; and Within the three-year period immediately preceding the date of the bid solicitation, not have been determined bya final and binding citation and notice of assessment issued by the department of labor and industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of chapter 49.46, 49.48, or 49.52 RCW. A bidder may be deemed not responsible and the proposal rejected if: a. More than one proposal is submitted for the same project from a bidder under the same or different names; b. Evidence of collusion exists with any other bidder or potential bidder. Participants in collusion will be restricted from submitting further bids; c. The bidder, in the opinion of the Contracting Agency, is not qualified for the work or to the full extent of the bid, or to the extent that the bid exceeds the authorized prequalification amount as may have been determined by a prequalification of the bidder; d. An unsatisfactory performance record exists based on past or current Contracting Agency work or for work done for others, as judged from the standpoint of conduct of the work; workmanship; progress; affirmative action; equal employment opportunity practices; or Disadvantaged Business Enterprise, Minority Business Enterprise, or Women's Business Enterprise utilization; e. There is uncompleted work (Contracting Agency or otherwise) which might hinder or prevent the prompt completion of the work bid upon; f. The bidder failed to settle bills for labor or materials on past or current contracts; g. The bidder has failed to complete a written public contract or has been convicted of a crime arising from a previous public contract; h. The bidder is unable, financially or otherwise, to perform the work; or i. There are any other reasons deemed proper by the Contracting Agency. Americans with Disabilities Act (ADA) Information The City of Port Orchard in accordance with Section 504 of the Rehabilitation Act (Section 504) and the Americans with Disabilities Act (ADA), commits to nondiscrimination on the basis of disability, in all of its programs and activities. This material can be made available in an alternate format by emailing the Human Resources Department at dlund@cityofportorchard.us or by calling (360) 876-7014. Title VI Statement The City of Port Orchard in accordance with Title VI of the Civil Rights Act of 1964, 78 5tat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, subtitle A, Project Name Crawford Road Abatement, Project No. CE17-0049. Contract No. TBD Page 4 of 11 004 Page 38 of 261 DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08 Back to Agenda Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 26 will be afforded full opportunityto submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, or sex in consideration for an award." Notice is given to all potential bidders that any bid responses may be subject to release under the Public Records Act Chapter 42.56 RCW and the City may be required to disclose bid responses upon a request. Bidders are advised to mark any records believed to be trade secrets or confidential in nature as "confidential." If records marked as "confidential" are found to be responsive to the request for records, the City may elect to give notice to the bidder of the request so as to allow the bidder to seek a protective order from a Court. Please be advised, however, that any records deemed responsive to a public records request may be released at the sole discretion and without notice by the City. All questions or comments regarding the bid or to schedule a walk thru should be directed to Christine Civiletti at cciviletti@cityofportorchard.us or call 360-876.7016. Unauthorized contact regarding this notice with other City employees may result in disqualification. Any oral communications will be considered unofficial and non -binding on the City. The award of the Contract will go to the qualified bidder submitting the lowest responsible bid. The City reserves the right to reject any and all submittals and to waive irregularities and informalities in the submittal and evaluation process. This notice does not obligate the City to pay any costs incurred by bidders in the preparation and submission of their bids. Additional Terms and Conditions For the City's full terms and conditions for this project, please refer to the sample contract for this project attached to this ITB. By this reference, the terms and conditions in the contract are incorporated into this ITB. Submittal Checklist o Bid -Schedule of Contract Prices o Acknowledgements o Bidder's Qualification Form — the Owner reserves the right to check all statements and to judge the adequacy of the Bidders qualifications o Non -collusion Declaration SALES TAX In accordance with Section 1-07.2(2) State Sales Tax: The Contractor shall collect from the Contracting Agency retail sales tax on the full Contract amount. Project Name Crawford Road Abatement, Project No. CE17-0049, Contract No. iBb Page 5 of 11 005 Page 39 of 261 DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08 Back to Agenda ACKNOWLEDGEMENTS CITY OF PORT ORCHARD CRA WFORD ROAD ABATEMENTS PUBLIC WORKS PROJECT NO, CE17-0049 The undersigned Bidder hereby agrees to start construction on this project, if awarded, no later than fourteen (14) calendar days after Notice to Proceed and to complete the project within the time stipulated in the Contract. By signing below, Bidder acknowledges receipt of the following Addenda to the Bid Documents: Addendum No. Date of Receipt Addendum No Date of Receipt Addendum No, Date of Receipt Addendum No. Date of Receipt NOTE: Failure to acknowledge receipt of Addenda may be considered as an irregularity in the Bid Proposal and Owner reserves the right to determine whether the bid will be disqualified. By signing below, Bidder certifies that he/she has reviewed the insurance provisions of the Bid Documents and will provide the required coverage. The undersigned Bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date for this Project, the bidder is not a "willful' violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. OFFICIAL AUTHORIZED TO SIGN FOR BIDDER: "I certify (or declare) under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct." Signature: Date: 06/ 11 /2023 Printed Name and Title: Location or Place Executed (City, State): Rabecca Hooper Owner Olalla, WA Business Address: Business Telephone: 14085 Kimber PI SE Olalla, WA 98359 12535149529 NOTES: If the Bidder is a co -partnership, give firm name under which business is transacted; proposal must be executed by a partner. If the Bidder is a corporation, proposal must be executed in the corporate name by the president or vice-president (or any other corporate officer accompanied by evidence of authority to sign). Any signature must be notarized below. Project Name Crawford Road Abatement, Project No. CE17-0049, Contract No, T8D Page 6 of 11 006 Page 40 of 261 DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08 Back to Agenda STATE OF Washington )ss. COUNTY OF_ ) I certify that I know or have satisfactory evidence that Rabecca Hooper signed this proposal, on oath stated that he/she was authorized to execute the proposal and acknowledged it as the Owner (title) of County Line Construction, LLC. (name of party on behalf of whom proposal was executed) and acknowledged it to be his/her free and voluntary act for the uses and purposes mentioned in this proposal. Dated this 12 day of _JLLA-C AMBER NELSON NOTARY PUBLIC 122034354 STATE OF WASNINGTON COMMISSION EXPIRES . SEPTEMBER 21, 2026 2D 277, aAU6 4UUW Notary Public Ryber ,lei sw Printed Name My Commission Expires: 1 a(.]r.110 Project Name Crawford Road Abatement, Project No. _ CE17-0049, Contract No. Tel? Page 7 of 11 007 Page 41 of 261 DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08 Back to Agenda BIDDER'S QUALIFICATION FORM CITY OF PORT ORCHARD CRA WFORD ROAD ABATEMENTS 1. Name of Contractor: County Line Construction, LLC. Address: 14085 Kimber PI SE 01alla, WA 98359 2. Telephone No.( 253 ) 5149529 Fax No.: 3. Washington State Dept. of Labor and Industries Worker's Compensation Account No.: 693,966-01 4. Washington State Dept. of Licensing Contractor's Registration No. COUNTYLC81103 Expiration Date: 11i1812023 5. Washington State Uniform Business Identifier No. 604-510-247 (Must have U8f number before the contract is awarded.) 6. Number of years engaged in contracting business under above name: 3:5 years 7. At the time of bid submittal. did the contractor have a certificate of registration in compliance with Chapter 18.27 RCW? Yes 8. Does the contractor have industrial insurance coverage for its employees working in Washington as required in Title 51 RCW? Yes BLS60311224 9. Does the contractor have an employment security department number as required in Title 50 RCW? (provide number): Yes 000831248-00-2 10. Does the contractor have a state excise tax registration number as required in Title 82 RCW? (provide number): Yes 84-3009817 11. Has the contractor been disqualified from bidding on any public works contract under RCW 39,06.010 or 39.12.065(3)? No 12. Has the contractor received training on the requirements related to public works and prevailing wage under chapters 39.04 and 39.12 RCW, as required in RCW 39,04,350(1)(f) Yes 13. Within the three-year period immediately preceding the date of the bid solicitation, was the contractor (determined by a final and binding citation and notice of assessment issued by the department of labor and industries or through a civil judgment entered by a court of limited or general jurisdiction) to have willfully violated, as defined in RCW 49.48.082, any provision of chapter 49.46, 49.48, or 49,52 RCW? N Project Name Crawford Road Abatement, Project No. CE17-0049. Contract No. TOD Page 8 of 11 008 Page 42 of 261 DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08 Back to Agenda 14. Has the contractor violated the "Off -site Prefabricated Non -Standard Project Specific Items" reporting requirements more than one time as determined by the department of labor and industries? No 15. Particular types of construction performed by your company: Demolition, road building, trenching, drainage, retaining walls, site, prep, ditching, culvert installation Clearing, grubbing and grading 16. Gross amount of contracts now on hand: $ 287.000.00 17. List similar recent construction projects that your firm has done in the last 5 years: Amount Type Owner's Name Phone 9,686.00 Mobile Home Demolition Sharon Cain (360) 340-6235 8,655.00 Home Demolition Jaryn Reed (425) 736-3397 Project Name Crawford Road Abatement, Project No. CE17-0049. Contract No, T8a Page 9 of 11 009 Page 43 of 261 DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08 Back to Agenda 18. What is the construction experience of the principal individuals to be assigned to this project? Years of Construction Name Title Experience Availability Marcus Hooper Owner 15 Full time Adam Williams Foreman 2 Full time Terry Koester Tradesman 2 Full time Pursuant to RCW 39.06.020. the contractor further agrees to verify responsibility criteria for each of its subcontractors and to require each of its subcontractors to both verify responsibility criteria for its subcontractors and include instant condition for verification requirement. NOTE: Any bidder having current outstanding litigation with the City will not be considered responsible and will be rejected by the City. 6y; _ ezgCf'1'�&w'y ,_ {Authorized Signature Title: Owner Date: 06111 /2023 Project Name Crawford Road Abatement, Project No. ` CE17-0049. Contract No. TBD Page 10 of 11 010 Page 44 of 261 DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08 Back to Agenda NON -COLLUSION DECLARATION I, by signing the proposal, hereby declare, under penalty of perjury under the laws of the United States that the following statements are true and correct: 1. That the undersigned person(s), firm, association or corporation has (have) not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the project for which this proposal is submitted. 2. That by signing the signature page of this proposal, I am deemed to have signed and agreed to the provisions of this declaration. 13y: (Authorized Signature Title: Owner Project Name Crawford Road Abatement, Project No. CE17-0049, Contract No. TO Page 11 of 11 011 Page 45 of 261 DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08 Back to Agenda CITY OF PORT ORCHARD CRAWFORD ROAD ABATEMENT SCOPE OF WORK. The project consists of three public nuisance / dangerous building abatements under one contract. The location consists of two residential properties and one private road, as follows: 1691 SE Crawford Rd. Property description: — Single-family residential property containing a house and detached garage, dilapidated fences, vehicles, junk, and garbage. Scope of Work: • Obtain all required permits. • Demolish and lawfully dispose of all structures, including contents, except perimeter fences, which are to remain. • Remove and lawfully dispose of everything on the property, including but not limited to all vehicles, vehicle parts and components, junk, trash, and debris. 1743 SE Crawford Rd. Property description: — Single-family residential property containing a house and detached garage, numerous vehicles, vehicle parts and components, equipment, boats, scrap materials, junk, trash, and debris. Scope of Work: • Remove and lawfully dispose of all junk, trash, debris, scrap materials, vehicle parts and components, and all vehicles, boats, and equipment identified by the City as subject to abatement. SE Crawford Rd. Property description — Private road located in Port Orchard Washington containing approximately 20 junk or nuisance vehicles, vehicle parts and components, junk, scrap materials, and trash. Scope of Work: • Remove and lawfully dispose of all junk, trash, vehicle parts and components, and all vehicles identified by City staff as subject to abatement. The properties are all privately owned. The City of Port Orchard does not own or control the properties. The work shall be done on behalf of the City of Port Orchard under the authority of warrants issued by Kitsap County Superior Court. Bids shall be broken down according to the three properties and the scope of work for those properties. The contractor shall maintain separate accounting for the three properties and shall provide a final report showing costs and activities according to the three properties. Crawford Road must be kept open and accessible to residents and utility and emergency vehicles to the greatest extent possible during the cleanup. The contractor shall be responsible for traffic control on Crawford Road and Bethel Road. Obstruction of the road shall be limited to the least extent and shortest time practicable. City staff will provide Junk Vehicle Affidavits or other documentation for each vehicle, allowing for disposal of vehicles without impound storage. 1. The contractor shall act as general contractor and shall be responsible for all aspects of the job, including determining and following all legal and permitting requirements, hiring, managing, and paying any/all subcontractors and service providers, and for all associated documentation and reporting. Page 1 of 2 City of Port Orchard Abatement of Crawford Road -Scope of Work 012 Page 46 of 261 DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08 Back to Agenda On the property identified as 1691 Crawford Rd: a. Obtain all necessary permits and approvals, including but not limited to a City of Port Orchard demolition permit, prior to commencement of work. b. Have utilities located, disconnected, and properly capped, prior to commencement of work. *Decommission of any septic tank c. Have asbestos removed in a safe manner and in compliance with the regulations of the Puget Sound Clean Air Agency (PSCAA) prior to demolition. d. Demolish and completely remove all structures, including all associated foundations, slabs, concrete porch, fixtures, and utilities, except as follows: i. Perimeter fences are to remain. 2. Remove and legally dispose of all junk, trash, litter, scrap, demolition debris, and similar materials from the identified properties. Proof of legal disposal will be required. 3. The contractor will be responsible for the safety and security of the site and their equipment during the project. 4. At the completion of the project all of the work sites shall be left in a thoroughly clean, safe condition, free of debris, litter, holes, sharp drops, hazards or unsafe conditions. The project will not be considered complete until the site has been inspected and approved by an official of the City of Port Orchard. CONTRACTOR QUALIFICATIONS: 1. The winning contractor and all subcontractors must be properly licensed by the State of Washington, not debarred from bidding on state- and federally -funded contracts, and must have or obtain a current City of Port Orchard business license prior to commencing work. 2. Award of this contract will depend upon the contractor's ability to perform the work as specified and in a lawful and timely manner. 3. The contractor shall act as a general contractor and shall be responsible for hiring, managing, and paying any/all subcontractors and service providers and for all associated documentation and reporting. 4. The contractor shall be responsible for knowledge of and compliance with all federal, state, and local regulations, permit requirements, and costs applicable to the scope of work. * *Note: Conditions may change somewhat due to addition or removal of materials on site prior to completion of the work; however, the conditions at the time of this request for bids are typical of the expected site conditions at the time of cleanup. Significant changes in conditions may be subject to a change order.** Page 2 of 2 City of Port Orchard Abatement of Crawford Road -Scope of Work 013 Page 47 of 261 DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08 Back to Agenda COUNTY LINE 253-514-952Y Job Name: Proposal Provided To: Attention: Date Of Proposal: Proposal Expires: Site Address: Project Description: Included In Proposal: County Line Construction, LLC. 14085 Kimber Place SE, Olalla, WA 98359 Marcus Hooper (253) 514-9529 marcus@countylineconstruction.us SE Crawford Road Abatement Christine Civiletti Monday, June 12, 2023 30 days after submittal 1743 SE Crawford RD Port Orchard WA, remove all debris and junk from road • Provide equipment, labor and materials for the following: • equipment delivery and mobilizations • remove all junk, trash and vehicles as directed by port orchard Excluded From Proposal: any additional work not noted in goute, work in adverse weather conditions, work in wet weather conditions. Labor Materials Subs Comments Line Item 1: equipment deliveries $455.00 $0.00 $0.00 Line Item 2: remove and off haul all vehicles materials section is for dump fees and trucking $4,989.00 $2,166.00 $0.00 Line Item 3: remove and off haul all garbage, trash and debris as directed by port orchard $3,188.00 $898.00 $0.00 Line Item 4: $0.00 $0.00 $0.00 Line Item 5: $0.00 $0.00 $0.00 014 Page 48 of 261 DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08 Back to Agenda Line Item 6: $0.00 $0.00 $0.00 Line Item 7: $0.00 $0.00 $0.00 Line Item 8: $0.00 $0.00 $0.00 Line Item 9: $0.00 $0.00 $0.00 Line Item 10: $0.00 $0.00 $0.00 Line Item 11: $0.00 $0.00 $0.00 $8,632.00 $3,064.00 $0.00 Sub Total: $11,696.00 Tax:9.3 $1,269.54 Total: $12,965.54 Please know, in order to begin work, we ask for 50% of total project value once project is approved for construction and materials are on site. The remaining 50% will be due when project is complete and customer is 100% satisfied. By signing this document, the customer agrees to pay the total amount of $12,965.54 Print **Tax not included** Sign Thank you for considering County Line Construction, LLC. We look forward to making this an enjoyable experience for you. 015 Page 49 of 261 DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08 Back to Agenda County Line Construction, LLC. '4"� &14085 Kimber Place SE, LINTY LINE 01alla, WA 98359 CONSTRUCTION & EXCAVATION Marcus Hooper (253) 514-9529 253-514-9529 marcus@countylineconstruction.us Job Name: 16915E Crawford Road Abatement Proposal Provided To: Christine Civiletti Attention: Date Of Proposal: Monday, June 12, 2023 Proposal Expires: 30 days after submittal Site Address: 1743 SE Crawford RD Port Orchard WA, Project Description: Demo all structures at address, remove cars and junk from property. Included In Proposal: • Provide equipment, labor and materials for the following: • equipment delivery and mobilizations • remove and off haul all structures • remove and off haul all foundations and concrete • remove all vehicles • materials testing and abatement • remove all junk, trash garbage from property • provide permits and fees for permits Excluded From Proposal: any additional work not noted in qoute, work in adverse weather conditions, work in wet weather conditions. Labor Materials Subs Comments Line Item 1: equipment deliveries $1,366.00 $0.00 $0.00 Line Item 2: remove and off haul all structures materials section is for dump fees $8,485.00 $3,688.00 $0.00 Line Item remove and off haul all concrete foundations and slabs $4,589.00 $2,596.00 $0.00 Line Item 4: remove and dispose of all vehicles $3,688.00 $5,686.00 $0.00 Line Item 5: remove all trash and garbage from site and clean up $2,488.00 $986.00 $0.00 Line Item 6: provide permits $566.00 $1,599.00 $0.00 016 Page 50 of 261 DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08 Back to Agenda Line Item 7: materials testing and abatement $0.00 $2,655.00 $0.00 Line Item 8: disconnect utilites from structures $0.00 $1,355.00 $0.00 Line Item 9: $0.00 $0.00 $0.00 Line Item 10: $0.00 $0.00 $0.00 Line Item 11: $0.00 $0.00 $0.00 $21,182.00 $18,565.00 $0.00 Sub Total: $39,747.00 Tax:9.3 $3,570.45 Total: $43,317.45 Please know, in order to begin work, we ask for 50% of total project value once project is approved for construction and materials are on site. The remaining 50% will be due when project is complete and customer is 100% satisfied. By signing this document, the customer agrees to pay the total amount of $43,317.45 **Tax not included** Print Sign Thank you for considering County Line Construction, LLC. We look forward to making this an enjoyable experience for you. 017 Page 51 of 261 DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08 Back to Agenda Ad PNTYLINE CONSTRUCTION & EXCAVATION 253-514-9529 County Line Construction, LLC. 14085 Kimber Place SE, Olalla, WA 98359 Marcus Hooper (253) 514-9529 marcus@countylineconstruction.us Job Name: 1743 SE crawford Road Abatement Proposal Provided To: Christine Civiletti Attention: Date Of Proposal: Monday, June 12, 2023 Proposal Expires: 30 days after submittal Site Address: 1743 SE Crawford RD Port Orchard WA, Project Description: remove and off haul all debris, vehicles and garbage Included In Proposal: • Provide equipment, labor and materials for the following: • equipment delivery and mobilizations • remove all garbage boats and debris • remove vehicles and dispose of legally Excluded From Proposal: any additional work not noted in qoute, work in adverse weather conditions, work in wet weather conditions. Building removal and off haul Labor Materials Subs Comments Line Item 1: equipment deliveries $1,366.00 $0.00 $0.00 Line Item 2: remove and off haul garbage and debris boats materials section is for dump fees $5,966.00 $3,989.00 $0.00 Line Item 3: remove and off haul vehicles $4,589.00 $2,596.00 $0.00 Line Item 4: $0.00 $0.00 $0.00 Line Item 5: $0.00 $0.00 $0.00 018 Page 52 of 261 DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08 Back to Agenda Line Item 6: $0.00 $0.00 $0.00 Line Item 7: $0.00 $0.00 $0.00 Line Item 8: $0.00 $0.00 $0.00 Line Item 9: $0.00 $0.00 $0.00 Line Item 10: $0.00 $0.00 $0.00 Line Item 11: $0.00 $0.00 $0.00 $11,921.00 $6,585.00 $0.00 Sub Total: $18,506.00 Tax:9.3 $1,721.58 Total: $20,227.58 Please know, in order to begin work, we ask for 50% of total project value once project is approved for construction and materials are on site. The remaining 50% will be due when project is complete and customer is 100% satisfied. Rob Putaansuu By signing this document, the customer agrees to pay Print DocuSigned by: the total amount of $20,227.58 96 YJ SSW **Tax not included** Sign 1`� i tee... Thank you for considering County Line Construction, LLC. We look forward to making this an enjoyable experience for you. 019 Page 53 of 261 DocuSign Envelope ID: DFCFB138-7FD6-4C7F-BD10-989001065946 Back to Agenda CITY OF PORT ORCHARD Authorization for Change Order No. 1 Date: 08-15-2023 Contractor: County Line Construction Project: Crawford Road Abatement Contract / Job # C052-23 14085 Kimber Place SE Olalla, WA 98359 THIS CHANGE ORDER AUTHORIZES THE FOLLOWING CHANGES TO THE CONTRACT: 1. Install parameter fence around 1691 SE Crawford Road (City Request) 2. Time and materials for 1691 SE Crawford not anticipated due to illegal work done by property owner. a. Stoppage of work (hrs.) due to damaged gas line requiring inspection by outside agency (Cascade Natural Gas). b. Separating of debris materials due to unpermitted destruction of building without prior removal of contents Original Contract for 1691 SE Crawford Rd $39,747.00 $3,696.47 $43,443.47 Fence Installation (time and materials) $7,488.00 $696.38 $8,184.38 Down time and materials due to illegal work done by property owner $2,896.00 $269.33 $3,165.33 Total Contract for 1691 SE Crawford Rd $50,131.00 $4,662.18 $54,793.18 I have reviewed the Change Order information above and certify that to the best of my knowledge descriptions and costs are true and accurate. F�^ (rDocuS�iQg.,ned by: I 1 1/r7a Contractor Approval Signature Director of Community Development Marcus Hooper, Owner County Line Construction LLC. Printed Name & Title Change Orders that do not exceed 10%, with a maximum of $50,000, of either legally authorized budget limit or contract amount established by City Council can be approved by the Public Works Director. Nicholas Bond Printed Name Page 54 of 261 Change Orders that do not exceed 10%, with a maximum of DocuSign Envelope ID: DFCFB138-7FD6-4C7F-BD10-989001065946 Back to Agenda by: F�DOCUSIgned � �IMGIA,bt,SUdA. Approved: , o„ oRT poRC,�" �O.oRpORgr a moo... Ma or DocuSignedbyy::'1 IV. :SEALE Attest: �enscsn�sennan1P •.mom .��Q A9�� City Clerk FyyAN�`` i,u,m,nn„ n Council Approval Date Page 55 of 261 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Consent Agenda 4D Subject: Adoption of a Resolution Approving a Contract with Bureau Veritas for Building/Fire Code Plan Review and Inspection Services Back to Agenda Meeting Date: September 26, 2023 Prepared by: Nick Bond DCD Director Atty Routing No.: 366922-0011 Atty Review Date: September 19, 2023 Summary: Due to the volume of building and development permits and plans submitted to the City, the City utilizes consulting services to assist staff with plan review and building inspections to ensure that the need is timely met. Staff recently selected Bureau Veritas North America, Inc. as a qualified consultant to perform these services following the necessary procurement process consistent with state law and the City's Procurement Policies for professional services (solicitation of statements of qualifications and evaluation). By this Resolution the Council will authorize the Mayor to execute a Professional Services Agreement with the Consultant for these services for a two-year period. These services shall be billed hourly, with a not -to - exceed maximum for the term of $140,000. The City did recently authorize the creation of a new Plans Examiner/Inspector II position and we have a candidate that has accepted the position and will start in November. The Department plans to rely on Bureau Veritas until November when we are fully staffed, when staff absences require additional inspection support, and as special projects come up (such as the new Kitsap Bank or County Courthouse project). Recommendation: Staff recommends that the City Council authorize the Mayor to execute the Agreement with the Consultant. Relationship to Comprehensive Plan: N/A Motion for consideration: "I move to adopt a Resolution, authorizing the Mayor to execute a Contract with Bureau Veritas for building /fire code plan review and inspection services." Fiscal Impact: The City's building permit and plan check fee revenues are greatly above budgeted revenues. It is anticipated that corresponding revenues offset the expenditures for this service. Alternatives: Hire additional staff building inspectors and plan reviewers to meet the need. Attachments: Resolution, Exhibit A - Contract Page 56 of 261 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR OR DESIGNEE TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, CONTRACT NO. , WITH BUREAU VERITAS NORTH AMERICA INC. FOR BUILDING DEPARTMENT PLAN REVIEW AND INSPECTION SERVICES. WHEREAS, the City identified the need for additional professional consultant services to support the City's Building Department for plan review and inspection services due to an influx of submissions to the Department; and WHEREAS, the City Department of Community Development utilized the MRSC Professional Services Rosters, main category Building Department Services and subcategory Building Inspection Services, for qualified consultants to provide Building Plan Review and Inspection Services; and WHEREAS, the City evaluated the statements of qualifications posted on the roster and selected Bureau Veritas North America, Inc. and the most highly qualified firm to provide these services; and WHEREAS, the City Council finds that it is in the best interests of the residents of Port Orchard to authorize the Mayor to execute an Agreement with Consultant, as described herein; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The City Council authorizes the Mayor to execute a Contract with Bureau Veritas North America, Inc. for Plan Review and Building Inspection Services, as is attached hereto as Exhibit A and incorporated herein by this reference. 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 26t" day of September 2023. ATTEST: Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 57 of 261 Back to Agenda Port Orchard Contract #: XXXXX Authorized Amount: $140,000 Date Start: DATE Date End: DATE CONSULTANT SERVICES AGREEMENT THIS AGREEMENT is entered into by and between the City of Port Orchard, Washington, a Washington municipal corporation ("City"), and Bureau Veritas North America, Inc. ("Consultant"), a Delaware Corporation located and doing business at 2119 SE Columbia Way, STE 280, Vancouver, WA 98661. RECITALS: WHEREAS, the City desires to have certain services performed for its residents and does not have the expertise and staffing to perform these services using existing employees; and WHEREAS, the City has selected the Consultant to perform such services pursuant to certain terms and conditions; and WHEREAS, the City complied with the requirements for hiring Consultant contained in Chapter 062.11 l:Z��i�ii NOW, THEREFORE, in consideration of the mutual benefits and conditions set forth below, the parties agree as follows: AGREEMENT: 1. Scope of Services to be Performed by Consultant. The Consultant shall perform work as assigned by the City described in Exhibit "A" of this Agreement which is attached hereto and incorporated herein by this reference as if set forth in full. Additional work may be assigned by the City, however, this Agreement does not obligate the City to assign any specific work or any work to the Consultant. Upon issuance of an assignment to Consultant by the City hereunder, the Consultant shall perform in conformance with the assignment and the terms of this Agreement. In performing the services, the Consultant shall comply with all federal, state, and local laws and regulations applicable to the services. The Consultant shall perform the services diligently and completely and in accordance with professional standards of conduct and performance. If the services provided hereunder are funded in whole or in part under a Grant Funding Agreement, then Consultant will comply with the terms of such Grant Funding Agreement to ensure that the City is able to obtain the maximum funding under such Grant Funding Agreement. If this applies, the City will provide the Consultant with a copy of the Grant Funding Agreement. City of Port Orchard and Professional Service Agreement Contract No. Page 1 of 17 Updated 4/2022 IBDR 10739979.1 - 366922 - 0001 Page 58 of 261 Back to Agenda 2. Compensation. The City shall pay the Consultant for services rendered according to the rates and methods set forth below. TIME AND MATERIALS NOT TO EXCEED. Total compensation for these services shall not exceed $140,000 without advance written authorization from the City, and will be based on the list of billing rates and reimbursable expenses attached hereto as Exhibit "B." 3. Payment. A. The Consultant shall maintain time and expense records and provide them to the City monthly after services have been performed, along with monthly invoices in a format acceptable to the City for work performed to the date of the invoice. B. All invoices shall be paid by City warrant within thirty (30) days of receipt of a proper invoice. If the City objects to all or any portion of any invoice, it shall so notify the Consultant of the same within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in dispute, and the Parties shall immediately make every effort to settle the disputed portion. C. The Consultant shall keep cost records and accounts pertaining to this Agreement available for inspection by City representatives for three (3) years after final payment unless a longer period is required by a third -party agreement. Copies shall be made available on request. D. On the effective date of this Agreement (or shortly thereafter), the Consultant shall comply with all federal and state laws applicable to independent contractors, including, but not limited to, the maintenance of a separate set of books and records that reflect all items of income and expenses of the Consultant's business, pursuant to Revised Code of Washington (RCW) 51.08.195, as required by law, to show that the services performed by the Consultant under this Agreement shall not give rise to an employer -employee relationship between the parties, which is subject to Title 51 RCW, Industrial Insurance. If the services rendered do not meet the requirements of the Agreement, the Consultant will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. The City shall pay the Consultant for services rendered within ten (10) days after City Council voucher approval. However, if the City objects to all or any portion of an invoice, it shall notify Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the Parties will immediately make every effort to settle the disputed portion. F. The City reserves the right to direct the Consultant's compensated services before reaching the maximum amount. 4. Duration of Agreement. City of Port Orchard and Professional Service Agreement Contract No. Page 2 of 17 Updated 4/2022 IBDR 10739979.1 - 366922 - 0001 Page 59 of 261 Back to Agenda A. This Agreement shall be in full force and effect for a period commencing upon mutual execution hereof ("Effective Date") and ending two (2) years from the Effective Date unless sooner terminated under the provisions of this Agreement. The City reserves the right to offer two (2) one- year extensions prior to expiration of the Agreement to retain the Consultant's services without further action authorizing said amendment by the City Council. B. Time is of the essence of this Agreement in each and all of its provisions in which performance is required. If delays beyond the Consultant's reasonable control occur, the Parties will negotiate in good faith to determine whether an extension is appropriate. C. The Consultant shall obtain a City of Port Orchard business license prior to commencing work pursuant to a written Notice to Proceed. D. The Consultant is authorized to proceed with services upon receipt of a written Notice to Proceed. S. Standard of Care. The Consultant represents and warrants that it has the requisite training, skill, and experience necessary to provide the services under this Agreement and is appropriately accredited and licensed by all applicable agencies and governmental entities. Services provided by the Consultant under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing in similar circumstances. 6. Ownership and Use of Documents. A. Ownership. Any records, files, documents, drawings, specifications, data, or information, regardless of form or format, and all other materials produced by the Consultant in connection with the services provided to the City, shall be the property of the City whether the project for which they were created is executed or not. B. Records preservation. Consultant understands that this Agreement is with a government agency and thus all records created or used in the course of Consultant's work for the City are considered "public records" and are subject to disclosure by the City under the Public Records Act, Chapter 42.56 RCW ("the Act"). Consultant agrees to safeguard and preserve records in accordance with the Act. The City may be required, upon request, to disclose the Agreement, and the documents and records submitted to the City by Consultant, unless an exemption under the Public Records Act applies. If the City receives a public records request and asks Consultant to search its files for responsive records, Consultant agrees to make a prompt and thorough search through its files for responsive records and to promptly turn over any responsive records to the City's public records officer at no cost to the City. 7. Relationship of the Parties: Independent Consultant. City of Port Orchard and Professional Service Agreement Contract No. Page 3 of 17 Updated 4/2022 IBDR 10739979.1 - 366922 - 0001 Page 60 of 261 Back to Agenda The Parties intend that an independent contractor -client relationship will be created by this Agreement. As the Consultant is customarily engaged in an independently established trade which encompasses the specific service provided to the City hereunder, no agent, employee, representative or sub -consultant of the Consultant shall be or shall be deemed to be the employee, agent, representative or sub -consultant of the City. In the performance of the work, the Consultant is an independent contractor with the ability to control and direct the performance and details of the work, the City being interested only in the results obtained under this Agreement. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub - consultants of the Consultant. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents, employees, representatives, and sub -consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work that the Consultant performs hereunder. 8. Indemnification. Consultant shall defend, indemnify, and hold the City, its officers, officials, employees, agents, and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorneys' fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THIS WAIVER HAS BEEN MUTUALLY NEGOTIATED BY THE PARTIES. The provisions of this section shall survive the expiration or termination of this Agreement. 9. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. City of Port Orchard and Professional Service Agreement Contract No. Page 4 of 17 Updated 4/2022 IBDR 10739979.1 - 366922 - 0001 Page 61 of 261 Back to Agenda A. Minimum Scope of Insurance. Consultant shall obtain insurance of the types described below: limits: Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. ii. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent Consultants and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. iii. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. iv. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance. Consultant shall maintain the following insurance Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. ii. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. iii. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provision. The Consultant's Automobile Liability, Commercial General Liability, and Professional Liability insurance policies are to contain, or be endorsed to contain, that they shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANIL E. Verification of Coverage. The Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. City of Port Orchard and Professional Service Agreement Contract No. Page 5 of 17 Updated 4/2022 IBDR 10739979.1 - 366922 - 0001 Page 62 of 261 Back to Agenda F. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. G. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days' notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. H. No Limitation. Consultant's maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. 10. Record Keeping and Reporting. A. The Consultant shall maintain accounts and records, including personnel, property, financial, and programmatic records, which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed pursuant to this Agreement. The Consultant shall also maintain such other records as may be deemed necessary by the City to ensure proper accounting of all funds contributed by the City to the performance of this Agreement. B. The foregoing records shall be maintained for a period of seven (7) years after termination of this Agreement unless permission to destroy them is granted by the Office of the Archivist in accordance with Chapter 40.14 RCW and by the City. 11. City's Right of Inspection and Audit. A. Even though the Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure the satisfactory completion thereof. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or become applicable within the terms of this Agreement to the Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations. B. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by the City during the performance of this Agreement. All work products, data, studies, worksheets, models, reports, and other materials in support of the performance of the service, work products, or outcomes fulfilling the contractual obligations are the products of the City. City of Port Orchard and Professional Service Agreement Contract No. Page 6 of 17 Updated 4/2022 IBDR 10739979.1 - 366922 - 0001 Page 63 of 261 Back to Agenda 12. Work Performed at the Consultant's Risk. The Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub -consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held by the Consultant for use in connection with the work. 13. Termination. This Agreement may be terminated by the City at any time for any reason upon thirty (30) days advance notice. Upon termination for any reason, all finished or unfinished documents, reports, or other material or work of the Consultant pursuant to this Agreement shall be submitted to the City, and the Consultant shall be entitled to just and equitable compensation for any satisfactory work completed prior to the date of termination, not to exceed the total compensation set forth herein. The Consultant shall use its best efforts to minimize the compensation payable under this Agreement in the event of such termination. Upon termination, the City may takeover the work and prosecute the same to completion, by contract or otherwise. Nothing in this Subsection shall prevent the City from seeking any legal remedies it may otherwise have for the violation or nonperformance of any provisions of this Agreement. 14. Discrimination Prohibited. A. The Consultant agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide occupational qualification. B. Violation of this Section shall be a material breach of this Agreement and grounds for cancellation, termination, or suspension of the Agreement by the City, in whole or in part, and may result in ineligibility for further work for the City. 15. Force Maleure. Notwithstanding anything to the contrary in this Agreement, any prevention, delay or stoppage due to strikes, lockouts, labor disputes, acts of God, acts of war, terrorist acts, inability to obtain services, labor, or materials or reasonable substitutes therefor, governmental actions, governmental laws, regulations or restrictions, civil commotions, casualty, actual or threatened public health emergency (including, without limitation, epidemic, pandemic, famine, disease, plague, quarantine, and other significant public health risk), governmental edicts, actions, declarations or quarantines by a governmental entity or health organization, breaches in cybersecurity, and other causes beyond the reasonable control of the Party obligated to perform, regardless of whether such other causes are (i) foreseeable or unforeseeable or (ii) related to the specifically enumerated events in this paragraph City of Port Orchard and Professional Service Agreement Contract No. Page 7 of 17 Updated 4/2022 IBDR 10739979.1 - 366922 - 0001 Page 64 of 261 Back to Agenda (collectively, a "Force Majeure"), shall excuse the performance of such Party for a period equal to any such prevention, delay or stoppage. To the extent this Agreement specifies a time period for performance of an obligation of either Party, that time period shall be extended by the period of any delay in such Party's performance caused by a Force Majeure. Provided however, that the current COVID-19 pandemic shall not be considered a Force Majeure unless constraints on a Party's performance that result from the pandemic become substantially more onerous after the effective date of this Agreement. 16. Assignment and Subcontract. The Consultant shall not assign or subcontract any portion of the services contemplated by this Agreement without the prior written consent of the City. Any assignment made without the prior approval of the City is void. 17. Conflict of Interest. The Consultant represents to the City that it has no conflict of interest in performing any of the services set forth in Exhibit "A." In the event that the Consultant is asked to perform services for a project with which it may have a conflict, Consultant will immediately disclose such conflict to the City. 18. Confidentiali All information regarding the City obtained by the Consultant in performance of this Agreement shall be considered confidential. Breach of confidentiality by the Consultant shall be grounds for immediate termination. 19. Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will so notify the Consultant and shall not be obligated to make payments for services or amounts incurred after the end of the current fiscal period. This Agreement will terminate upon the completion of all remaining services for which funds are allocated. No penalty or expense shall accrue to the City in the event that the terms of the provision are effectuated. 20. Employment of State Retirees. The City is a "DRS-covered employer" which is an organization that employs one or more members of any retirement system administered by the Washington State Department of Retirement Systems (DRS). Pursuant to RCW 41.50.139(1) and WAC 415-02-325(1), the City is required to elicit on a written form if any of the Contractor's employees providing services to the City retired using the 2008 Early Retirement Factors (ERFs), or if the Contractor is owned by an individual who retired using the 2008 ERFs, and whether the nature of the service and compensation would result in a retirement benefit being suspended. Failure to make this determination exposes the City to significant liability for pension overpayments. As a result, before commencing work under this Agreement, Contractor shall determine City of Port Orchard and Professional Service Agreement Contract No. Page 8 of 17 Updated 4/2022 IBDR 10739979.1 - 366922 - 0001 Page 65 of 261 Back to Agenda whether any of its employees providing services to the City or any of the Contractor's owners retired using the 2008 ERFs, and shall immediately notify the City and shall promptly complete the form provided by the City after this notification is made. This notification to DRS could impact the payment of retirement benefits to employees and owners of Contractor. Contractor shall indemnify, defend, and hold harmless the City from any and all claims, damages, or other liability, including attorneys' fees and costs, relating to a claim by DRS of a pension overpayment caused by or resulting from Contractor's failure to comply with the terms of this provision. This provision shall survive termination of this Agreement. 21. Entire Agreement. This Agreement contains the entire agreement between the parties, and no other agreements, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind either of the parties. If there is a conflict between the terms and conditions of this Agreement and the attached exhibits, then the terms and conditions of this Agreement shall prevail over the exhibits. Either party may request changes to the Agreement. Changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. 22. Non -waiver of Breach. The failure of either party to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein contained in one or more instances, shall not be construed to be a waiver or relinquishment of said covenants, agreements, or options, and the same shall be in full force and effect. 23. Modification. No waiver, alteration, modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Consultant. 24. Notices. All notices or other communications required or permitted under this Agreement shall be in writing and shall be (a) personally delivered, in which case the notice or communication shall be deemed given on the date of receipt at the office of the addressee; (b) sent by registered or certified mail, postage prepaid, return receipt requested, in which case the notice or communication shall be deemed given three (3) business days after the date of deposit in the United States mail; or (c) sent by overnight delivery using a nationally recognized overnight courier service, in which case the notice or communication shall be deemed given one business day after the date of deposit with such courier. In addition, all notices shall also be emailed, however, email does not substitute for an official notice. Notices shall be sent to the following addresses: Notices to the City of Port Orchard shall be sent to the following address: City of Port Orchard and Professional Service Agreement Contract No. Page 9 of 17 Updated 4/2022 IBDR 10739979.1 - 366922 - 0001 Page 66 of 261 Back to Agenda City Clerk City of Port Orchard 216 Prospect Street Port Orchard, Washington 98366 cityclerk@portorchardwa.gov Phone:360.876.4407 Fax: 360.895.9029 Notices to the Consultant shall be sent to the following address: Phone No.: Email: 25. Resolution of Disputes; Governing Law. A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the term or provision's true intent or meaning. The Mayor shall also decide all questions which may arise between the parties relative to the actual services provided or to the sufficiency of the performance hereunder. B. If any dispute arises between the City and the Consultant under any of the provisions of this Agreement which cannot be resolved by the Mayor's determination in a reasonable time, or if the Consultant does not agree with the Mayor's decision on a disputed matter, jurisdiction of any resulting litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington. C. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In any suit or action instituted to enforce any right granted in this Agreement, the substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorneys' fees from the other Party. 26. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. 27. Title VI. The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation City of Port Orchard and Professional Service Agreement Contract No. Page 10 of 17 Updated 4/2022 IBDR 10739979.1 - 366922 - 0001 Page 67 of 261 Back to Agenda subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, must affirmatively insure that its contracts comply with these regulations. Therefore, during the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees as follows: A. Compliance with Regulations. The Consultant will comply with the Acts and the Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation, Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made a part of this Agreement. B. Nondiscrimination. The Consultant, with regard to the work performed by it during this Agreement, will not discriminate on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Consultant will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in Appendix A, attached hereto and incorporated herein by this reference, including employment practices when this Agreement covers any activity, project, or program set forth in Appendix B of 49 C.F.R. part 21. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding, or negotiation made by the Consultant for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Consultant of the Consultant's obligations under this Agreement and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP. D. Information and Reports. The Consultant will provide all information and reports required by the Acts, the Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish the information, the Consultant will so certify to the City or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance. In the event of the Consultant's noncompliance with the non- discrimination provisions of this Agreement, the City will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: i. withholding payments to the Consultant under the Agreement until the contractor complies; and/or ii. cancelling, terminating, or suspending the Agreement, in whole or in part. F. Incorporation of Provisions. The Consultant will include the provisions of paragraphs one City of Port Orchard and Professional Service Agreement Contract No. Page 11 of 17 Updated 4/2022 IBDR 10739979.1 - 366922 - 0001 Page 68 of 261 Back to Agenda through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Consultant will take action with respect to any subcontract or procurement as the City or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Consultant becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Consultant may request the City to enter into any litigation to protect the interests of the City. In addition, the Consultant may request the United States to enter into the litigation to protect the interests of the United States. 28. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. 29. Severability. Any provision or part of this Agreement held to be void or unenforceable under any law or regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon the City and the Consultant, who agree that the Agreement shall be reformed to replace such stricken provision or part with a valid and enforceable provision that comes as close as reasonably possible to expressing the intent of the stricken provision. IN WITNESS WHEREOF, the City and the Consultant have executed this Agreement as of the dates listed below. CONSULTANT In CITY OF PORT ORCHARD Robert Putaansuu, Mayor Title: Date: Date: ATTEST/AUTHENTICATE Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM Port Orchard City Attorney's Office City of Port Orchard and Professional Service Agreement Contract No. Page 12 of 17 Updated 4/2022 IBDR 10739979.1 - 366922 - 0001 Page 69 of 261 Back to Agenda EXHIBIT A Scope of Services to be Provided by Consultant. When requested by the City, the Consultant will provide services in accordance with the terms and conditions of this agreement. BUILDING OFFICIAL SERVICES At the request of the City's Building Official, services may be provided for code interpretation and administrative needs such as ordinance review and update, staffing needs and department budget development and review. MEETING ATTENDANCE The Consultant's staff is available to attend City -requested meetings such as pre -application, preconstruction or cooperative review meetings. PLAN REVIEW The City will determine which plans and building permit applications will be reviewed by the Consultant. The City will intake, track, and process the permit applications and all revisions per current building permit administration procedures. The Consultant will review such plans submitted with building permit applications for structural and nonstructural code compliance in accordance with the currently adopted construction codes as adopted and amended by the state of Washington and the City, except that the Consultant will confer with the City's Building Official and his/her agent on any portion of the review that specifically requires the approval of the Building Official as specified in the code(s). The Consultant will not design for the applicant, make any structural changes on the plans, or make any changes that directly contradict other information on the plans. Significant changes must be made by or under the direction of the applicant or design professional. When the plans and applications are consistent with the City's codes, the Consultant will indicate that the drawings have been reviewed and found to be in substantial compliance with applicable construction codes and ordinances. The reviewer's name and date of compliance will be affixed to each sheet in up to three sets of drawings including the cover sheet. Full Plan Review: Upon request by the City, the Consultant shall review all project documents which consist of plans, specifications and engineering. The Consultant will approve and return the plans to the City for additional permit processing; or a plan review correction letter will be drafted identifying corrections or requesting additional information and routed to the City. The Consultant will approve and return the plans to the City for additional permit processing; or a plan review correction letter will be drafted identifying corrections or requesting additional information and routed to the City. Review may include: • Structural Review • Architectural Review • Energy Review City of Port Orchard and Professional Service Agreement Contract No. Page 13 of 17 Updated 4/2022 IBDR 10739979.1 - 366922 - 0001 Page 70 of 261 Back to Agenda • Barrier Free Accessibility Review • Fire Code Review • Fire Sprinkler Review • Fire Alarm Review • Mechanical Review • Plumbing Review • Civil/Site Plan Review Deferred Review & Review After Permit Issuance: Upon request by the City, the Consultant shall review deferred submittal designs, approve and return plans to the City for additional permit processing; or a plan review correction letter will be drafted identifying corrections or requesting additional information. Review of deferred submittal items or revision to permits after approval or permit issuance are provided at an hourly rate included in Exhibit B. Additional Reviews: The Consultant shall perform additional reviews beyond (1) recheck when authorized by the City, at an hourly rate as described in Exhibit B. Turn -around Time: Plans will be reviewed using the Washington State Building and Energy Code as adopted by the City and will be processed using the Timeline Schedule for Plan Review listed below. Timeline commences upon delivery of a complete permit application and plans; and ends upon the delivery of a correction letter or return of the approved permit application and plans. The City's Building Official has sole authority to interpret and reject plans. • The review time may be negotiated based on the number and complexity of projects to be reviewed. The Consultant will not be held responsible for delays beyond the Consultant's control. During heavy workloads or schedule delays, the Consultant shall notify the City of revisions to estimated target dates. Timeline Schedule for Plan Review Project Type Initial Review (Business Days) Recheck (Business Days) Residential Projects (New Construction, Additions & Remodels) 105 New Multi -Family Projects 15 10 Commercial Projects 10-20 7-10 Commercial Additions, Tenant Improvements 10 5-7 *All turnaround times have been specified from the full day they are received in our offices. BUILDING INSPECTION Depending on staff availability the Consultant will provide a certified building inspector or equal to perform the following services on an as -needed, on -call basis: • Upon authorization by the City, the inspector will perform building inspection work for the City. City of Port Orchard and Professional Service Agreement Contract No. Page 14 of 17 Updated 4/2022 IBDR 10739979.1 - 366922 - 0001 Page 71 of 261 Back to Agenda • Generally advance notice of inspection requests are recommended and desired to assure confirmation of staffing needed to provide inspection services. This is generally possible for scheduled vacations, training events, and other known scheduling needs such as heavy workflow. In the case of heavy work flow a City provides notice that a set schedule, is requested (i.e., Tuesday /Thursday for the next 4 months starting March 1, etc.) while this method is desirable to assure adequate staffing, unscheduled inspection requests may be made. Consultant respectfully requests as much advance notice as possible and will work diligently to provide inspection staff meeting your needs. At the request by the City, the inspector shall be asked to perform one or more of the following inspection tasks: • non-structural fire and life safety inspections • structural inspections • energy code inspections • barrier free inspections • mechanical & plumbing inspections • building code compliance, compliance inspections • The inspector will provide building inspections in accordance with the currently adopted International Codes, Washington State Building Code (WAC 51-50 etc.), and Energy Code (WAC 51- 11), and the applicable City Building Codes. The inspector will confer with the City's Building Official or his/her agent on any portion of the review that specifically requires an approval of the Building Official under the applicable Code(s), or that involves an unusual interpretation. • Inspections will be done in accordance with all codes, ordinances and regulations in effect and will be performed in a courteous and professional manner. Up-to-date records of inspection status will be maintained on the job card in the field and on the office copy of the permit. • The City shall guarantee a minimum of 8 hours of inspection each work day that inspection services are provided, unless otherwise mutually agreed. • All inspections and re -inspections will be performed for compliance with the Washington Codes and all applicable State, Federal and local laws and City amendments under the direction of City staff using City procedures and methods. Consultant inspectors will confer with the Building Official and/or designated staff member on all discretionary decisions or requests for alternate materials or types of construction. Consultant inspectors will provide services as if they were regular members of the City inspection staff. Vehicles: City vehicles will not be used to perform City inspections unless specifically permitted and directed. If City vehicles are used, reimbursement charges for milage will not apply. Reimbursement charges will apply for use of private vehicles for inspection services. Office Equipment, Computers etc.: Consultant inspectors may (at the City's discretion) be assigned City office equipment such as computers, tablets, phones, iPads or printers and may have access to these tools while on -call. Consultant inspection staff will abide by the City policies and procedures regarding the use of all assigned equipment. City of Port Orchard and Professional Service Agreement Contract No. Page 15 of 17 Updated 4/2022 IBDR 10739979.1 - 366922 - 0001 Page 72 of 261 Back to Agenda ADDITIONAL SERVICES: Additional services may be provided as needed and as mutually agreed upon. Note that Consultant may be able to provide services which are not specifically listed below. The following services are available at the request of the City depending on Consultant staff availability. • Permit Technician Code Training and Coaching: Upon request by the City, the Consultant shall assist staff with knowledge and resources to enhance their skill level and efficiency. The Consultant will also help with a coaching plan to assist obtaining ICC certification. • Full day seminar style training sessions • One on one sessions with staff City of Port Orchard and Professional Service Agreement Contract No. Page 16 of 17 Updated 4/2022 IBDR 10739979.1 - 366922 - 0001 Page 73 of 261 Back to Agenda EXHIBIT B Rates for Services to be Provided by Consultant. The Consultant shall furnish the services in accordance with the rates specified below or attached hereto, as Exhibit B. The rates set out in this exhibit may be increased annually during the life of the contract upon a 60- day advance notice, provided the annual increase shall be no more than annual CPI from Engineering News Record (ENR). City of Port Orchard and Professional Service Agreement Contract No. Page 17 of 17 Updated 4/2022 IBDR 10739979.1 - 366922 - 0001 Page 74 of 261 Back to Agenda APPENDIX A During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 C.F.R. Part 27; • The Age Discrimination Act of 1975, as amended, (42 U S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC§ 471, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub- recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; City of Port Orchard and Professional Service Agreement Contract No. Page 18 of 17 Updated 4/2022 IBDR 10739979.1 - 366922 - 0001 Page 75 of 261 Back to Agenda • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to -ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). City of Port Orchard and Professional Service Agreement Contract No. Page 19 of 17 Updated 4/2022 IBDR 10739979.1 - 366922 - 0001 Page 76 of 261 Back to Agenda PRESENTED TO City of Pullman Attn: Jeromy Moore, CBO, ACO, Building Official 190 SE Crestview Street, Bldg. A Pullman, WA99163 E. jeromy.moore@pullman-wa.gov CONTACT REGARDING THIS SOQ Craig Baptista, MBA Vice President- Facilities Division, West Region Bureau Veritas North America, Inc. Regional HQ: 180 Promenade Circle, Suite 150, Sacramento, CA 95834 P. 916.514.4516 1 C. 916.291.9151 E. craig.baptista@bureauveritas.com Page 77 of 261 Back to Agenda TABLE OF CONTENTS 1. Cover Letter..................................................................................................................................03 2. Firm Introduction.........................................................................................................................04 3. Service Capabilities & Qualifications.............................................................................................06 4. Relevant Project Experience.........................................................................................................11 5. Fee Schedule................................................................................................................................13 6. Contact List..................................................................................................................................14 Proposal No. 6557690 Page 78 of 261 Back to Agenda 03 September 6, 2023 Angela Garcia CBO/CFM Deputy Director Community Development Building Official/Fire Code Official City of Port Orchard (360) 874-3130 agarcia@portorchardwa.gov RE: Statement of Qualifications to Provied Plan Review and Inspection Services Dear Ms. Garcia, Bureau Veritas North America, Inc. (BV) is pleased to submit our qualifications for Professional Plan Review and Inspection Services to the City of Port Orchard, WA (the City). We take great pride in our ability to provide exemplary services to our clients. Bureau Veritas is a multi -national corporation with a historywhich includes 195years of providing worldwide regulatory compliance service to industry and governmental agencies. BV is a highly qualified firm that provides plan review services to verify compliance with Washington State Building Code, specifically code requirements relating to IBC Chapters. BV has provided similar plan review services for over200 agencies throughout the western United States and Washington, including City of Dupont, City of Lacey, Pierce County, City of Vancouver, City of Winlock, and Fort Lewis. We are keenly aware of the desire for high -quality customer service, timely reviews, reliability, responsiveness and cost-effective solutions. Our commitment to provide accurate and appropriate solutions to our clients and our ability to quickly and efficiently meet the needs of the communities we serve makes BV an ideal partner for the City. We offer optimal solutions to deliver quality services: • Unparalleled plan review and inspection expertise • Established relationships to ensure timely reviews, transparency and responsiveness • Depth of resources and close proximity to maximize flexibility and deliver quality services • Licensed and certified professionals • Electronic review and web -based document control best practices to consistently meet turnaround schedules and streamline communication • Collaborative and solution oriented philosophy and culture BV looks forward to building a successful, professional relationship with the City of Port Orchard by augmenting the department's staff, promoting transparency in our work, improving efficiencies and exceeding your expectations. Our wide array of professional services, backed by many years of combined experience with public sector clients, allows BV to bring the City one integrated source to meetthe its needs. We strive to build long-term partnerships with agencies which expect and require quality, accuracy, efficiency, and integrity in all aspects of community services. We do this by offering the City demonstrated expertise in plan review and inspection, a commitment to reducing the City's turnaround times and accurate corrections based on the current adopted codes. Sincerely, r Craig Baptista, Vice President - Facilities Division, West Region P: 916.514.4516 E: craig.baptista@bureauveritas.com Page 79 of 261 Back to Agenda 04 Firm Background Founded in 1828, Bureau Veritas is a global leader in quality assurance, health, safety, and environmental (QHSE) solutions. Recognized and accredited by the largest national and international organizations, and with over 80,000 employees, Bureau Veritas has unparalleled expertise and resources to manage projects requiring a broad range of expertise across vast geographies. With operations in 140 countries and all continents, Bureau Veritas draws on the synergies between its local teams and dedicated technical centers throughout the world. Over the past number of years, Bureau Veritas has undergone several company acquisitions in order to grow our offerings. These acquisitions benefit our existing and future clients by increasing the level of support we can provide; diversifying our service offering; and enabling our teams to work together to cross train, tap into subject matter experts, and successfully support innovative and complex projects throughout the Western United States. Our combined team is excited to work together to better serve the built environment and to work towards safe solutions to new technology, building procedures, and alternate materials and methods. What Sets Us Apart We are ideally suited to provide plan review and inspection services because we possess: Unparalleled Expertise • Proven track record of providing services to 400+ agencies nationally • Building and fire life safety consultingto 200+ agencies in the Western United States • Municipal management and staff augmentation expertise • Key staff who have helped to establish and implement the latest codes Depth of Resources and Proximity to Meet Peak Workloads • 50+ offices throughout the United States, including11 in the Western United States • Registered Engineers and ICC certified staff dedicated to code compliance • No private sector design work = no conflict of interest Best Practices and State -of -the -Art Processes to Consistently Meet Turnaround Schedules • Comprehensive and formalized plan check procedures • Award -winning, web -based project tracking and controls • Electronic plan check to save time, money, and paper= a GREEN solution • 99%success rate meeting review turnaround schedules Putting the Right People to Work for You We have extensive resources and a large pool of licensed and certified experts who are equipped to handle all of your needs. Our professionals have extensive experience in educational, residential, commercial, industrial, and other related projects of all sizes and complexities, allowing them to tailor solutions specifically to your needs. Page 80 of 261 Back to Agenda Building Department Plan Review As the largest plan review firm in the United States, we provide full -service code consulting and plan review services for compliance with a variety of codes, including the International Building, Plumbing, Electrical, Mechanical, Fuel Gas, Energy Conservation, and Fire Codes, as well as the National Electric Codes as adopted by each jurisdiction. We have specific experience working through a variety of challenges, including (but not limited to) infill commercial development; adaptive reuse and change of occupancies of existing buildings; retrofit of un-reinforced masonry or soft -story buildings; large commercial shopping centers and mixed -use multi -family developments; live -work projects; and high tech, research, and development facilities. BV personnel have performed and managed plan review for thousands of projects. Project types include high-rise hotels and office buildings; institutional occupancies (including jails, shipping facilities, and room additions); single-family tract and custom homes; tilt -up shells; tenant improvements; and infrastructure (roads, wet and dry utilities). Our staff has considerable review experience of virtually any structure requiring permits, plan reviews, and inspections. Our large, licensed plan review staff enables us to manage numerous and complex projects simultaneously, as well as provide discipline - specific plan reviews (e.g., structural, mechanical/plumbing, electrical, fire, access, street, drainage, map, civil infrastructure). We offer the following plan review and inspection services: • Architectural, fire & life safety • Structural • Energy code • Accessibility requirements, including: - Barrierfree - Disabled access - ADA • Mechanical, electrical, and plumbing code • Review and approval of alternative materials, design, and methods of construction • Civil plans examination, including: 05 - Grading and drainage - NPDES/SWPPP - Development - Infrastructure - Water and wastewater - Sewer • Green building and LEED consulting Plan Review Time Schedule Atyour request, BV can provide plan review activities on a fast -track basis. Turnaround times foreach submittal will relate to the size and nature of the project and its impact on the construction schedule. To reduce turnaround times for plan review, we use electronic submittals, phased submittals, conference calling, and videoconferencing. BV has built long-term partnerships with agencies. We understand that accuracy, efficiency, and integrity in all aspects of professional services are required. Testimony to our professional excellence is the fact that we have provided services to many of our municipal clients since their incorporation. Because of our large pool of accessible resources, we can assemble experienced personnel in order to help with project schedule recovery when necessary. Our team maintains efficient turnaround times on all reviews as a key measurement of performance of our plan review services. BV will also accommodate preliminary reviews to facilitate fast -tracked, or accelerated, projects. This aids with timely turnaround and enhances public relations. If applicants include designs that do not conform to the prescriptive requirements of the codes, the jurisdiction's designee will have final approval over the plan being reviewed. If requested, our staff will make recommendations for the resolution. We are also available to meet with agency staff or others as needed to discuss our findings. Page 81 of 261 Back to Agenda 06 -r--rr". � P" Electronic Plan Reviewing Bureau Veritas provides an alternative solution to traditional plan checking. By utilizing Adobe Acrobat with electronic plan submittal and commenting, our plan reviewers can quickly and accurately review plans for compliance with applicable codes; this allows for economical movement of plans and quick turnaround, eliminating shipping time and costs. In this way, electronic plans with comments can be viewed and discussed with tenant, designer, and plans examiner as needed to resolve issues quickly and efficiently. As part of this process, plans are first submitted as PDF files via a secure and confidential FTP site in which the client also has access. Our staff then reviews these plans and places comments and redlines directly on the plans, corresponding to areas needing revisions. Next, redlined plans with comments are forwarded to, or placed on, the secure FTP site for the designers, engineers, and architects. Plans can then be revised and resubmitted via the same method described. Once all items are resolved, hard copy plans are sent to BV for approval stamps and signatures. Finally, these stamped and signed approved drawings are sent to the jurisdiction for permitting. Transmittal of Plans and Correction Lists BV assumes responsibility for the pickup and return of plans. All plans shall be picked up from thejurisdiction offices within 24 hours of notification. Should the volume of work be sufficient, we propose to establish regular pickup of plans on a consistent basis. We will also utilize shipping courier at no additional cost to the jurisdiction. Upon completion of each plan review, we will forward a copy of the correction list to both thejurisdiction and the applicant by mail. When corrected plans are resubmitted, we will either follow the previous procedure, or the applicant may schedule an office visit to go over any corrections in person. BV will forward completed plans once they are stamped and signed by BV staff. Our transmittal forms are customized for use unique to the specific jurisdiction. Page 82 of 261 Back to Agenda Building Inspection At Bureau Veritas, we are client -focused and customize the work according to your specific needs. We can provide inspection services for a single project that presents unique complexities due to its construction or size, orwe can provide enough staff to handle all inspection services for an entire jurisdiction. Our building inspection services can be adjusted to provide a high level of coordination specifically suited to the design -build concept. Our inspectors are ICC certified and have extensive experience in the construction trades. Fast -tracked projects may be built into small phases based on incremental design and fabrication steps. In such cases, our inspection team keeps daily logs to track corrections and plan review changes. BV's inspection teams also provide on -call building inspection services to cover staff vacation time, peak workloads, specialized inspection activities, and any other situations that may arise. These activities may include next - day inspections and same -day response to important or urgent requests. Bureau Veritas will provide the client with ICC certified personnel to provide the following services: 1. Read and study project specifications, plans, and drawings to become familiar with project prior to inspection, ensuring that structural or architectural changes have been stamped as approved by appropriate authority and recognizing the need for/ requiring of plan checks for electrical, plumbing, and mechanical code requirements. 2. Perform and document inspections on construction projects to determine that all aspects of the project, such as foundations, building, electrical, plumbing, and mechanical systems, conform to the applicable building codes, zoning ordinances, energy conservation, and accessibility requirements, including known local, city, state, and federal requirements. 3. Review plansfor building construction, plumbing, electrical, and mechanical details priorto making inspection. 4. Bring to the attention of the jurisdiction for approval of certain changes in building, plumbing, mechanical, electrical, and related work consistent with code and ordinance requirements. 5. Participate in reviews with fire, health, and other government agency inspectors, as well as owners. 6. Maintain a record of non -complying items and follow up to resolution of such items. Inspect existing buildings for substandard, unsafe conditions, upon request. Permit Technician Services BV staff will work with the jurisdiction staff to seamlessly staff the public counter, issue counter permits, answer plan review or inspection questions, and assist the public with a high level of customer service. Our staff will be trained and proficient in the policies, procedures, and administrative and technical regulations of the jurisdiction. All staff members are familiar with various software systems and are able to answer questions pertaining to inspections, plan approvals, business license approvals, and certificates of occupancy. Permit technician services may include: • Interfacing with the public, internal staff, and related departments • Review of permit applications for completeness • Acceptance and routing of plans • Calculation and/or fee collection • Issuance of permits • Review and issuance of counter permits, when authorized • Maintenance of permit records • Use of jurisdiction permitting programs and/or software, where applicable 07 Page 83 of 261 Back to Agenda Building Department Administration and Special Project Management Our experienced BVbuilding off icialstaff willworkwith the jurisdiction's management team toad minister the building and safety or community development divisions. Our staff is familiar with the day-to-day building department operations, financial budget management, and political environment of a jurisdiction department. Our experienced building officials will participate in the project's design review sessions and pre -plan check code compliance meetings with permit applicants, as well as attend other required meetings for different types of large, special developments and other projects on behalf of the jurisdiction. Fire Plan Review Our staff will consult closely with the Fire Chief/Fire Marshal or this person's designated representative on any areas which require code interpretation or where alternate methods are being proposed and considered. Our proposed fire plan review engineers have specific experience working within multiple types of facilities to ensure compliance with applicable codes, standards, and amendments. Our experience includes written comments and verbal communication with applicants to better understand requirements and provide direction for compliance, as well as close communication with fire departments to clarify policies, code interpretations, plan review status, and procedures. Bureau Veritas staff have reviewed hundreds of projects for fire safety components, including NFPA 13, NFPA 72, and NFPA 101, among others. All personnel assigned to your project will have the necessary materials, resources, and training available to conduct plan reviews, including copies of applicable local amendments, policies, procedures, and forms. Fire Inspections 08 inspect include (but are not limited to): • Fire sprinklers, including systems beginning at property line, as directed • Fire pumps • Fire alarm systems • Automatic suppression systems, including Halon, FM200, and CO2 • Hoods • Duct extinguishing systems • Exits • Emergency lighting • Voice evacuation systems • Fire permit inspections Additionally, we can provide regular inspections of all aspects of the fire permit requirements, whether annually, biannually, triennially, every five years, or any other length of time as mandated by the adopted codes. Engineering Plan Review Services As a result of our extensive experience providing development review and processing services to public agencies, we are able to evaluate those qualities which are essential to providing effective review services. Foremost among these are the following: Athorough command of the adopted design standards for drainage and streets, as well as NPDES-enhanced Clean Water Act requirements Clear, friendly, and articulate communication with the applicant BV has developed a successful approach to providing development review services to achieve these goals. Plan Review Compliance Standards BV can place an experienced fire inspector for a single As an initial step prior to beginning a review, our professional project or to augment existing staff to cover staff vacations staff familiarize themselves with all city, state, and federal and other leaves of absence. We can even provide all fire requirements applicable to the project. Requirements for inspection on a daily basis. Systems and components we Page 84 of 261 Back to Agenda civil infrastructure originate from multiple sources, including statutory requirements; local ordinances and design guidelines; federal requirements, includingADA and NPDES; state requirements, including Title 24; and the requirements of any affected utilities, districts, or agencies. Civil infrastructure and site plans are reviewed for conformity to the following quality standards: • Greenbook • Geotechnical Report recommendations • Conditions of Approval of the use permit ortentative map • Municipal Code and local ordinances • Jurisdiction's design guidelines and standard plans and specifications • ADA and Title 24 accessibility standards • NPDESC.3 requirements when applicable • Environmental mitigation requirements • Requirements of affected outside agencies and utility districts Our professional plan reviewers provide a comprehensive assessment of the conformity of submitted improvement plans to these quality standards. Improvement Plan Review Tasks The following outlines our typical scope of services for the review plans: • Check design for conformity to the approved tentative map and conditions of approval • Evaluate the layout for consistency with the final map • Review grading plans for consistency with the applicable drainage standards and grading ordinance • Review for erosion and sediment control provisions • Check Storm Water Pollution Prevention Plans and RWQCB N.O.I. • Review horizontal and vertical alignment of streets for conformity to the applicable street design standards • Check pavement structural section againstgeotechnical recommendations • Review storm and sanitary sewer systems and hydrology/hydraulic calculations • Review water distribution system for fire hydrant and valve spacing • Check streetlight spacing and location for potential conflicts • Review underground utilities for crossing clearances and conflicts • Review for compliance with outside agency requirements • Review quantities, estimates, and schedules Prompt turnaround of quality plan reviews is the hallmark of our service. Ideally, the review process involves no more than two plan submittals, perhaps three under extraordinary circumstances. To achieve this, it is important for the plan reviewer to see the "big picture" during the approval process and to expedite the review, while assuring adherence to all adopted standards and requirements. Development Review & Entitlement Processing Accurate, Timely Civil Engineering Plan & Final Map Reviews Facilitating land development projects requires a strong public - private partnership. Project momentum must be balanced with engineering, water quality, traffic, public safety, and final map plans that comply with applicable codes, requirements, and design standards. The various parties need impartial counsel from Registered Engineers and Land Surveyors, as well as quick turnaround review comments in a seamless manner. Development review and entitlement processing involves working seamlesslywith the public agency and developer in the preliminary planning stages to facilitate development agreements along with the review of civil engineering plans and maps for conformity with conditions of approval along with local and other applicable ordinances and standards. All work is performed underthe direction of Registered Civil Engineer or Land Surveyor. BV utilizes proven best practices, staff specialists, and comprehensive web -based tools to provide timely review, responsiveness, and accurate and detailed review comments. 09 Page 85 of 261 Back to Agenda 010 Map Review Final Maps and Parcel Maps Review final maps and parcel maps for conformity to the requirements of the Subdivision Map Act, the Land Surveyors Act, the Municipal Code and ordinances, the approved tentative map, and any conditions of approval which have been set by the Planning Commission. Reversions to Acreage Review reversions to acreage maps prepared pursuant to §66499.11 of the Subdivision Map Act. Lot Line Adjustments and Parcel Mergers Review legal descriptions prepared to affect lot line adjustments pursuant to §66412(d) and parcel mergers pursuant to §66451.10 of the Subdivision Map Act. Legal Descriptions and Plats Review and/or prepare legal descriptions and plats for right- of-way takes and easements or for other purposes when necessary. Certificates of Correction Review proposed map amendments and Certificates of Correction prepared pursuant to §66469 of the Subdivision Map Act. Flood/Floodplain Management BV provides comprehensive inspection and review of projects proposed within the designated floodplain. We review plans for compliance with federal, state, and local adopted regulations and practices. Plan review will consider FIRM map designations; Flood Plain Elevation Certificate review; and any LOMA, LOMR, or CLOMRs appropriately approved for the proposed project. Floodplain resistant construction will be plan checked and inspected in accordance with adopted regulations and standards as well as any pertinent FEMA technical bulletins. Page 86 of 261 Back to Agenda Relevant Experience Them ostimportantselection criteria for clients who choose Bureau Veritas North America, Inc., is expertise. Having provided building and safety services and International Building Code (IBC) plan review for over 48 years, BV is a foremost expert in the field. The firm's greatest asset is its reputation. This comes from the best experts in the industry, all acting with the utmost integrity and ethics. The following are representative projects demonstrating BV's experience providing similar on -call services to local government clients. BUILDING PLAN REVIEW AND INSPECTION SERVICES JOINT BASE LEWIS-MCCHORD, WA City Contact: Brian Brager, Construction Manager Address: 7916 Plant Road JBLM, WA 98433 Email: bbrager@lpsi.com Phone: 253.912.3454 Dates of Service: 2010 - Present BV has been providing plan review and building inspection services to the Joint Base Lewis-McChord since 2010. In 2010, the firm reviewed plans and provided building inspection forthe Fort Lewis Town Center- Buildings 23 and 24. These buildings are a 4-story, 14,119 sq. ft. mixed use commercial and residential structure. BV has also provided fire sprinkler system review for the McChord Family Housing Community Center. FIRE PLAN REVIEW SERVICES CITY OF VACOUVER, WA City Contact: Anna Vogel Address: 415 W 16th Street Vancouver, WA 98668 Email: anna.vogel@cityofvancouver.us Dates of Service: 2023 - Present BV was selected in April of 2023 to provide the City of Vancouver with Fire Plan Review Services within the Washington Building Code, specifically code requirements relating to IBC Chapters 9 and 34. Typically, work includes conducting plan reviews and providing written comments to the Building Department for areas within, but not limited to: •Performance based designs; specialized engineered processes and systems •High-rise structures design and review • Semiconductor fabrication / Hazardous materials / analysis of design and review • High -pile combustible storage design and review • Smoke control systems design, review • Interior finish / combustible decorations • Fire protection systems design and review Egress & life safety systems design and review BUILDING PLAN REVIEW AND INSPECTION SERVICES CITY OF FLAGSTAFF, AZ City Contact: Amy Palmer Address: 211 W. Aspen Avenue Flagstaff, AZ 86001 Email: apalmer@flagstaffaz.gov Phone: 928.213.2604 Dates of Service: 2018 - Present BV is currently providing on -call building plan review and building inspection servicesforthe Cityof Flagstaff. Projects have included, structural, mechanical, plumbing and electrical services for residential and commercial projects, new building construction, and industrial scale building projects. BV is proud to be a partner of the City of Flagstaff, providing a successful, professional relationship by augmenting the department's staff, promoting transparency in our work, improving efficiencies and exceeding expectations. Select projects include: Mission Linen Supply, The Joint Chiropractor, Flagstaff Mall (pictured), Flag Town Lofts, Circle K Stores, and Circle K Fuel. Oil Page 87 of 261 Back to Agenda 012 BUILDING PLAN REVIEW, CIVIL PLAN REVIEW, AND INSPECTION SERVICES CITY OF PHOENIX, AZ City Contact: Tom Wandrie, P.E., C.B.O., Deputy Director Building Official Email: tom.wandrie@phoenix.gov Phone: 602.534.5059 1 602.534.3274 Dates of Service: 2012 - Present BV is currently providing On -Call Planning and Development Department Residential, Commercial, and Fire Building Plan Review Services; On -Call Planning and Development Department Civil Plan Review; and On -Call Planning and Development Department Residential and Commercial Building Field Inspection Services to the City of Phoenix. Plan reviews are performed for new construction, alteration, and repairs for compliance with the Phoenix Building Construction Code which includes PLAN REVIEW AND INSPECTION SERVICES CITY OF RENO, NV City Contact: Daniel J. Birkel, Plans Examiner Supervisor Address: 1 E. First Street Reno, NV 89501 Email: birkeld@reno.gov Phone: 775.326.0654 Dates of Service: 2020 - Present In 2020, BV was selected to provide plan review and inspection services to the City of Reno. Within this scope BV has provide structural plan review to several high rise projects in the downtown area. Kimpton Wingfield Mixed -Use Development Foundation and Garage: Full plan review, including structural, for a 683,000 square foot mixed use high-rise with 24 stories and an additional basement level. Plans were reviewed under the 2018 editions of the International Building Code (IBC), Uniform Plumbing Code (UPC), Uniform Mechanical Code (UMC), International Mechanical Code, 2017 National Electrical Code (NEC), International Energy Code (IEC), and National Fire Protection Association (NFPA) Here Reno Apartments: Full plan review, including structural, for a new multi -level apartment building located just to the south of University of Nevada, Reno campus. The 2018 International Building Code, 2018 International Residential Code, 2018 International Energy Conservation Code, 2018 International Mechanical Code, 2018 International Fuel Gas Code, 2017 National Electric Code, 2018 Uniform Mechanical Code and the 2018 Uniform Plumbing Code, and/or the 2018 International Existing Building Code, 2009 Accessible and Us -able Buildings and Facilities and the 2018 No. NV Codes Amendments were the basis of the review. Page 88 of 261 Back to Agenda 013 Bureau Veritas' pricing reflects our commitment to the success of the City by helping you maintain significant quality and cost saving benefits moving forward. These Include: • Highly qualified staff familiar with the City's needs • Reduced plan review turnaround times • Implementation of electronic plan review processes to help improve efficiency and control costs • Confidence of working with a well -established consultant in operation for 195+year Percentage of City's Collected Fees Percentage of City's Collected Fees 60% Hourly Rates Personnel Classifications Project Manager Hourly Billing Rate $155.00 Structural Engineer/ Fire Protection Engineer/ Senior Plan Review Engineer $160.00 Plan Review Engineer/Sr. ICC Certified Plans Examiner $140.00 Fire Plan Reviewer $135.00 ICC Certified Plans Examiner $125.00 Sr. Building Inspector $115.00-$135.00 Building Inspector $95.00-$115.00 ICC Certified Permit Counter Technician $70.00-$85.00 Administrative/Clerical Support $60.00-$75.00 Pricing assumes that this contract is non -prevailing wage. For any prevailing wage projects, BV will discuss rates with the City to account for the California Prevailing Wage requirements. Fast track / Expedited plan reviews shall be an additional 1.5 times the fees shown above. All employees classified as "non-exempt" by the U.S. Department of Labor will be compensated at 1-1/2 times the hourly rate for overtime hours per State and Federal wage and hour laws. No overtime will be charged without prior consent. Rates and cost estimates shown above exclude per diem, prevailing wage and union rates. Should these be applicable, BV will discuss and negotiate fees to account for increased personnel costs. Mileage for employee -owned vehicles used in connection with the work will be at the current IRS rate. Hourly fees are subject to an annual adjustment in accordance with the CPI from Engineering News Record (ENR) with the City's prior approval. Plan review fees to be invoiced after initial review. Hourly services will be invoiced monthly. Page 89 of 261 Back to Agenda MANAGEMENT TEAM Gus Guerrero, P.E., PM P. LEED AP Chief Operating Officer 220 Technology Drive, Suite 100 Irvine, CA 92618 P 818.406.1495 E gus.guerrero@bureauveritas.com Craig Baptista, M.B.A. Vice President - West Region 180 Promenade Circle, Suite 150 Sacramento, CA 95834 P 916.514.4516 E craig.baptista@bureauveritas.com Leo DePaola, C.B.O. Vice President of Sales 180 Promenade Circle, Suite 150 Sacramento, CA 95834 P 279.204.9941 Eleonardo.depaola@bureauveritas.com Trang Huynh, P.E., C.B.O. Regional Manager 1940 E. Deere Street, Suite 210 Santa Ana, CA 92705 P 714.431.4100 E trang.huynh@bureauveritas.com Moe Heivand, P.E. Regional Manager 9988 Hilbert Street, Suite 100 San Diego, CA 92131 P 858.353.8058 E moe.heivand@bureauveritas.com Joe Chao, P.E. Regional Manager 250 N. Westlake Blvd., Suite 150 Westlake Village, CA 91362 P 805.230.2888 E joe.chao@bureauveritas.com OFFICE LOCATIONS - WEST REGION Washington Vancouver 2119 SE Columbia Way, Ste 280 Vancouver, WA 98661 P 888.357.7020 California Sacramento 180 Promenade Circle, Suite 150 Sacramento, CA 95834 P 916.725.4200 Santa Rosa 111 Santa Rosa Ave, Suite 406 Santa Rosa, CA 95404 P 707.757.6090 Atascadero 5905 Capistrano Avenue, Suite F Atascadero, CA 93422 P 805.792.1109 14 San Diego 9988 Hibert Street, Suite 100 San Diego, CA 92131 P 858.863.2000 Pasadena 600 N. Rosemead Blvd., Suite 205 Pasadena, CA 91107 P 626.325.9800 Los Angeles Metro 250 N. Westlake Blvd., Suite 150 West- lake Village, CA 91362 P 805.230.2888 Irvine 220 Technology Drive, Suite 100 I rvi ne, CA 92618 P 949.528.3099 Nevada Las Vegas 500 S. Rancho Drive, Suite 16 Las Vegas, NV 89106 P 702.473.7398 Page 90 of 261 (0) www.bvna.com Back to Agenda �_. City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 " (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Consent Agenda 4E Meeting Date: September 26, 2023 Subject: Adoption of a Resolution Approving Prepared by: Chris Hammer a Contract with TMG Services, Inc. City Engineer for Well No. 7 Chlorination Eauipment Atty Routing No. Atty Review Date 366922-0009 September 20, 2023 Summary: The City's Well No. 7 requires an Onsite Electrolytic Hypochlorite Generation System to efficiently and safely administer the chlorine to the system. By this Resolution, the City Council would authorize the Mayor to execute a contract with TMG Services, Inc for Chlorination Equipment to be installed at Well No. 7 (the "Project"). Staff's estimate for the Project involving multiple crafts was $80,000, which under the terms of the City's Procurement Policies (adopted by Resolution No. 073-23, as amended) requires the contract is procured through the use of the small works roster process or minimal competition through the solicitation of three (or more) quotes from qualified vendors. Consistent with these processes, on June 20, 2023, Public Works staff identified qualified vendors for this multiple craft project through the establishment of a roster of qualified companies from the 2023 MRSC Small Works Roster for the Main Category — Water Facility Construction, Repair and Maintenance and Sub -Category — Water/Wastewater Treatment. On July 13, 2023, the City's Public Works Department issued a Request for Proposals (RFP) to three qualified companies on the roster. No proposals were received by the 2:00 pm, July 31, 2023, due date. Under the City's Procurement Policies, staff is authorized to contact vendors directly to seek proposals for this type of Project, and RCW 358.23.352(1) also provides that if no bid is received on the first call the council may enter into a contract with a selected vendor. The City's Public Works Department identified TMG Services, Inc. as a qualified vendor for this multiple crafts Project, reached out to TMG Services, Inc., and on September 8, 2023 received a quote for equipment, including freight, installation, startup and training, in the amount of $85,848.00 plus Washington State sales tax, for a total amount of $93,503.96. On September 11, 2023, the City's Public Works Department completed the MRSC Mandatory Bidder Responsibility Checklist and after reviewing the proposal and verifying the contractor's information, Public Works Staff determined TMG Services, Inc. met the requirements and criteria as a responsive and qualified bidder for the project. The Public Works Department has confirmed that the bidding procedures for Public Works have been followed. Recommendation: Staff recommends that the City Council adopt a Resolution, authorizing the Mayor to execute a Contract with TMG Services, Inc. for Chlorination Equipment at Well No. 7 in the amount of $93,503.96. Relationship to Comprehensive Plan: Chapter 7 - Utilities Page 92 of 261 Back to Agenda Consent Agenda 4E Page 2of2 Motion for Consideration: I move to adopt a Resolution authorizing the Mayor to execute a Contract with TMG Services, Inc for Chlorination Equipment at Well No. 7. Fiscal Impact: There is funding available in the 2023-2024 Budget however this expense may exceed the budgeted amount. A budget amendment may be required for the 2023-2024 Budget. (GL 411.05.534.30.40) Alternatives: Do not authorize and provide alternative guidance. Attachments: Resolution Contract 074-23 & Quotes Page 93 of 261 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING A CONTRACT WITH TMG SERVICES, INC. FOR CHLORINATION EQUIPMENT FOR WELL NO. 7 AND DOCUMENTING THE PROCUREMENT PROCEDURES. WHEREAS, the City's water system is chlorinated to ensure disinfection of the groundwater that is pumped into the drinking water distribution system; and WHEREAS, the City's Well No. 7 requires an Onsite Electrolytic Hypochlorite Generation System to administer the chlorine efficiently and safely to the water system (the "Project"); and WHEREAS, staff's estimate for Project involving multiple crafts was $80,000, which — under the terms of the City's Procurement Policies (adopted by Resolution No. 073-23, as amended) requires the contract is procured through the use of the small works roster process or minimal competition through the solicitation of three (or more) quotes from qualified vendors; and WHEREAS, as performed annually since 2013, the Municipal Research and Services Center of Washington (MRSC) solicited on behalf of participating local government agencies within Washington State (including the City of Port Orchard) for the 2023 MRSC Small Public Works Roster; and WHEREAS, on June 20, 2023, pursuant to RCW 39.04.155 and the City's Procurement Policies ), the City's Public Works Department identified qualified vendors for this multiple craft Project by establishing a roster of qualified companies from the 2023 MRSC Small Works Roster for the Main Category — Water Facility Construction, Repair and Maintenance and Sub - Category — Water/Wastewater Treatment; and WHEREAS, on July 13, 2023, and pursuant to the City's Procurement Procedures, the City's Public Works Department issued a Request for Proposal (RFP) to three qualified companies from the selected Roster; and WHEREAS, no proposals were received by the 2:00 pm, July 31, 2023, due date; and WHEREAS, under the City's Procurement Policies, staff is authorized to contact vendors directly to seek proposals for this type of Project, and RCW 358.23.352(1) also provides that if no bid is received on the first call the City may readvertise and make a second call, or may enter into a contract without any further call; and WHEREAS, the City's Public Works Department identified TMG Services, Inc. as a qualified vendor for this multiple crafts Project, reached out to TMG Services, Inc., and on September 8, 2023, received a quote for equipment, including freight, installation, startup and training, in the amount of $85,848.00 plus Washington State sales tax, for a total amount of $93,503.96. Page 94 of 261 Back to Agenda Resolution No. Page 2 of 2 WHEREAS, on September 11, 2023, the City's Public Works Department completed the MRSC Mandatory Bidder Responsibility Checklist on TMG Services, Inc.; and WHEREAS, after reviewing the proposal and verifying the contractor's information, Public Works Staff determined TMG Services, Inc. met the requirements and criteria as described in the RFP and was a responsive and qualified bidder for the project; and WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State Auditor's Office, wishes to document their consultant selection process as described above for this particular contract by Resolution; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The City Council authorizes the Mayor to execute a Contract with TMG Services, Inc. for Well No. 7 Chlorination Equipment, as attached hereto as Exhibit A and incorporated herein by this reference. THAT: The Resolution shall take full force and effect upon passage and signatures hereon. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 26t" day of September 2023. ATTEST: Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 95 of 261 Back to Agenda Port Orchard Contract #:074-23 Authorized Amount:_ $93,503.96_ Date Start: —September 26 2023 Date End:_l�u� 77 GOODS AND SERVICES CONTRACT THIS AGREEMENT is entered into by and between the City of Port Orchard, Washington, a municipal corporation (hereinafter "City") and TMG Services, organized under the laws of the State of Washington, located and doing business at 3216 E Portland Avenue, Tacoma WA 98404, 253-779-4160, tmginc@tmgservicesi.net (hereinafter "Vendor"), (collectively, the "Parties"). RECITALS: WHEREAS, the City has determined it needs to have obtain certain goods or materials and needs to obtain certain services regarding those goods or materials; and WHEREAS, the City desires to have the Vendor provide such goods and services pursuant to certain terms and conditions; NOW, THEREFORE, in consideration of the mutual benefits and conditions hereinafter contained, the Parties hereto agree as follows: AGREEMENT: Goods, materials, and/or services to be delivered by Vendor. The Vendor shall provide the following goods and materials to and/or perform the following the services for the City as described on Exhibits A & B which are attached hereto and incorporated herein by this reference as if set forth in full. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. 1. Time of Completion. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by hu O h City of Port Orchard and TMG Services Goods and Services Contract No. C074-23 Updated 412022 IBDR 1577863.1 - 366922 -0039 Page 1 Page 96 of 261 Back to Agenda 2. Compensation and Method of Payment. The City shall pay the Vendor for goods and services rendered according to the rates and methods set forth below. LUMP SUM. Compensation for these services set forth in Exhibits A&B as described in Section 1 above, shall be a Lump Sum of $93,503.96 applicable Washington State Sales Tax included, for the services contemplated in this Agreement. ❑ TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed $ per year, including applicable Washington State Sales Tax, without written authorization and will be based on the list of billing rates and reimbursable expenses attached hereto as Exhibit "B." ❑ TIME AND MATERIALS. Compensation for these services shall be on a time and materials basis according to the list of billing rates and reimbursable expenses attached hereto as Exhibit "B." ❑ OTHER All invoices shall be paid by City warrant within thirty (30) days of receipt of a complete invoice. If the City objects to all or any portion of any invoice, it shall so notify the Vendor 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. 3. Prevailing Wags. The Vendor shall pay prevailing wages as required by law and shall comply with Chapters 39.12 and 49.28 RCW. Prior to beginning work under this Contract, the Vendor shall submit — on behalf of itself and each and every Sub -Vendor — a "Statement of Intent to Pay Prevailing Wages," which must be approved by the Department of Labor and Industries (See link below.) Following the final acceptance of the work, or termination of this Agreement, whichever occurs last, the Vendor must submit — on behalf of itself and every Sub - Vendor — an "Affidavit of Wages Paid" for final payment. Final payments shall be made in accordance with the requirements of Chapter 39.12 RCW. Refer to https://fortress.wa.goy/lnilwajgelookuplprvWagelookup.aspx for Washington State Prevailing Wage rates. 4. Ob'ection by Cily. If the City object to all or any portion of an invoice, it shall notify the Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the Parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserved its right to withhold payment from Vendor for any defective or unauthorized goods, materials, or services. If City of Port Orchard and TMG Services Goods and Services Contract No. C074-23 Updated 4/20221BDR 1577863.1- 366922 -0039 Page 2 Page 97 of 261 Back to Agenda Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorneys' fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME A REQUEST FOR FINAL PAYMENT IS MADE. 5. Termination. City may terminate this Agreement at any time if Vendor fails to perform any obligation described in this Agreement. Alternatively, City may terminate this Agreement without cause on at least fourteen (14) days' notice. Upon receipt of the notice, the Vendor shall acknowledge receipt to the City in writing and immediately commence to end the Work in a reasonable and orderly manner. Unless terminated for Vendor's breach, the Vendor shall be paid or reimbursed for all hours worked or for the goods or materials provided up to the termination date, less all payments previously made. The notice may be sent by any method reasonably believed to provide Vendor actual notice in a timely manner. 6. Changes. The City may issue a written amendment for any change in the goods, materials, or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the Notice section of this Agreement within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the Parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in Subsections A through E of Section 8 "Claims" below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final City of Port Orchard and TMG Services Goods and Services Contract No. C074-23 Updated 4/20221BDR 1577863.1- 366922 -0039 Page 3 Page 98 of 261 Back to Agenda settlement of all claims for contract time and materials and for direct, indirect, and consequential costs, including costs of delays related to any work, either covered or affected by the change. 7. Claims. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first. Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be City of Port Orchard and TMG Services Goods and Services Contract No. C074-23 Updated 4/2022 IBDR 1577863.1- 366922 -0039 Page 4 Page 99 of 261 Back to Agenda made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). 8. Limitation of Actions. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. 9. Duration of reement• Extensions. This Agreement shall be in full force and effect for a period commencing September 26, 2023 and ending t v._r 0+1' 2D2 unless sooner terminated under the provisions contained in Section 6 'T " inatio ". Time is of the essence of this Agreement in each and all of its provisions in which performance is required. The City reserves the rights to review the Agreement at regular intervals to assure the quality of services provided by the Vendor. This Agreement may be extended by the City up to two times each of a one-year duration (for a total of two years if both extensions are enacted). Such notice of extension shall be provided by the City to the Vendor prior to contract expiration. 10. Warranty. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any part of the goods are repaired, only original replacement parts shall be used —rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City of Port Orchard and TMG Services Goods and Services Contract No. C074-23 Updated 4/2022 IBDR 1577863.1- 366922 -0039 Page 5 Page 100 of 261 Back to Agenda City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. 11. Standard of Care. The Vendor represents and warrants that it, and the Vendor's employees, have the requisite training, skill and experience necessary to provide the services under this Agreement and are appropriately accredited and licensed by all applicable agencies and governmental entities. Vendor further warrants that it has or will have a valid Port Orchard business license during the entire time that this Agreement is in effect. Services provided by the Vendor and the Vendor's employees 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. The Vendor and the Vendor's employees shall conduct themselves in a professional manner at all times when on site. The Vendor's employees shall wear clothing and/or a uniform which clearly identifies them as an employee of the Vendor. The Vendor further represents and warrants that it shall provide proper supervision for any employees utilized to perform the services herein and shall ensure that all employees are properly trained and qualified. The Vendor shall ensure that all workplace safety requirements of state or federal law are strictly observed at all times. The Vendor warrants that all employees have been trained to comply with state and federal standards (including but not limited to standards for handling chemicals, WISHA and OSHA) relevant to the duties to be performed in accordance with the Scope of Work. 12. Indemnification. Vendor 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 attorney fees, arising out of or resulting from the acts, errors or omissions of the Vendor in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Vendor and the City, its officers, officials, employees, and volunteers, the Vendor's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Vendor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Vendor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. City of Port Orchard and TMG Services Goods and Services Contract No. C074-23 Updated 4/2022 IBDR 1577863.1 - 366922 -0039 Page 6 Page 101 of 261 Back to Agenda IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. 13. Insurance. The Vendor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with products and materials supplied to the City. No Limitation. Vendor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Vendor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance. Vendor shall obtain insurance of the type described below: Commercial General Liability ("CGL") insurance shall be written on ISO occurrence form CG 00 01 and shall cover products liability. The City shall be named as an insured under the Vendor's Commercial General Liability Insurance policy using ISO Additional Insured -Vendors Endorsement CG 20 15 or a substitute endorsement providing equivalent coverage. CGL insurance shall be written with limits no less than $1,000,000 each occurrence, $1,000,000 general aggregate, and a $2,000,000 products liability aggregate limit. Vendor's CGL insurance policies are to contain or be endorsed to contain that they shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Vendor's insurance and shall not contribute with it. The Vendor'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. ii. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. City of Port Orchard and TMG Services Goods and Services Contract No. C074-23 Updated 4/2022 IBDR 1577863.1 -366922-0039 Page 7 Page 102 of 261 Back to Agenda C. Verification of Coverage. Vendor 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 Vendor before goods, materials or supplies will be accepted by the City. Failure on the part of the Vendor to maintain the insurance as required shall constitute a material breach of contract. Vendor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Vendor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. 14. Force Majeure. Notwithstanding anything to the contrary in this Agreement, any prevention, delay or stoppage due to strikes, lockouts, labor disputes, acts of God, acts of war, terrorist acts, inability to obtain services, labor, or materials or reasonable substitutes therefor, governmental actions, governmental laws, regulations or restrictions, civil commotions, Casualty, actual or threatened public health emergency (including, without limitation, epidemic, pandemic, famine, disease, plague, quarantine, and other significant public health risk), governmental edicts, actions, declarations or quarantines by a governmental entity or health organization, breaches in cybersecurity, and other causes beyond the reasonable control of the party obligated to perform, regardless of whether such other causes are (i) foreseeable or unforeseeable or (ii) related to the specifically enumerated events in this paragraph (collectively, a "Force Majeure"), shall excuse the performance of such party for a period equal to any such prevention, delay or stoppage. To the extent this Agreement specifies a time period for performance of an obligation of either party, that time period shall be extended by the period of any delay in such party's performance caused by a Force Majeure. Provided however, that the current COVID-19 pandemic shall not be considered a Force Majeure unless constraints on a Party's performance that result from the pandemic become substantially more onerous after the effective date of this Agreement. 15. Other Provisions. A. Independent Contractor. Vendor and City agree that Vendor is an independent contractor with respect to the services provided pursuant to this Agreement. As the Vendor is customarily engaged in an independently established trade which encompasses the providing the specific goods, materials, and/or services provided to the City hereunder, no agent, employee, representative or sub -vendor of the Vendor shall be or shall be deemed to be the employee, agent, representative or sub -vendor of the City. In the performance of the work, the Vendor 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. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Vendor nor any employee of Vendor shall be entitled to any benefits accorded City employees by virtue of the services provided under this City of Port Orchard and TMG Services Goods and Services Contract No. C074-23 Updated 4/2022 IBDR 1577863.1- 366922 -0039 Page 8 Page 103 of 261 Back to Agenda Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Vendor, or any employee of the Vendor. B. Record Keeping and Reporting. Vendor shall maintain accounts and records, including personnel, property, financial, and programmatic records, which sufficiently and properly reflect and account for all direct and indirect costs of any nature expended, services performed, and funds paid by the City pursuant to this Agreement. These records shall be maintained for a period of seven (7) years after termination of this Agreement, unless permission to destroy them is granted by the Office of the Archivist in accordance with Chapter 40.14 RCW and by the City. C. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement are the property of the City, and shall be subject at all times to inspection, review or audit by the City during the performance of this Agreement and for the aforementioned retention period. D. Vendor to Maintain Records to Support Independent Contractor Status. On the effective date of this Agreement (or shortly thereafter), the Vendor 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 Vendor's business, pursuant to the Revised Code of Washington (RCW) Section 51.08.195, as required to show that the services performed by the Vendor under this Agreement shall not give rise to an employer -employee relationship between the Parties which is subject to RCW Title 51, Industrial Insurance. E. Work Performed at Vendor's Own Risk. The Vendor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub -vendors in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at the Vendor's own risk, and the Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held by the Vendor for use in connection with the work. F. Discrimination Prohibited. Vendor shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Vendor under this Agreement, on the basis of race, color, height and weight, religion, creed, sex (including pregnancy), sexual orientation (including gender identity), age, national origin, marital status, presence of any sensory, mental or physical disability (including use of a trained dog guide or service animal), honorably discharged veteran or military status, HIV/AIDS and Hepatitis C status, or other circumstance prohibited by federal, State or local law or ordinance, except for a bona fide occupational qualification. Violation of this City of Port Orchard and TMG Services Goods and Services Contract No. C074-23 Updated 4/2022 IBDR 1577863.1- 366922 -0039 Page 9 Page 104 of 261 Back to Agenda Section shall be a material breach of this Agreement and grounds for cancellation, termination, or suspension of the Agreement by the City, in whole or in part, and may result in ineligibility for further work for the City. G. Employment of State Retirees. The City is a "DRS-covered employer" which is an organization that employs one or more members of any retirement system administered by the Washington State Department of Retirement Systems (DRS). Pursuant to RCW 41.50.139(1) and WAC 415-02-325(1), the City is required to elicit on a written form if any of the Vendor's employees providing services to the City retired using the 2008 Early Retirement Factors (ERFs), or if the Vendor is owned by an individual who retired using the 2008 ERFs, and whether the nature of the service and compensation would result in a retirement benefit being suspended. Failure to make this determination exposes the City to significant liability for pension overpayments. As a result, before commencing work under this Agreement, Vendor shall determine whether any of its employees providing services to the City or any of the Vendor's owners retired using the 2008 ERFs, and shall immediately notify the City and shall promptly complete the form provided by the City after this notification is made. This notification to DRS could impact the payment of retirement benefits to employees and owners of Vendor. Vendor shall indemnify, defend, and hold harmless the City from any and all claims, damages, or other liability, including attorneys' fees and costs, relating to a claim by DRS of a pension overpayment caused by or resulting from Vendor's failure to comply with the terms of this provision. This provision shall survive termination of this Agreement. H. Assignment and Subcontract. Vendor shall not assign or subcontract any portion of the services contemplated by this Agreement without the prior written consent of the City. I. Media Rights. Vendor agrees to allow the City to photograph or record Vendor's activities and permits the use of such photographs or recordings or promotional purposes. J. Non -appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will so notify the Vendor and shall not be obligated to make payments for services or amounts incurred after the end of the current fiscal period. No penalty or expense shall accrue to the City in the event that the terms of the provision are effectuated. K. Applicable Law; Venue; Attorneys' Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington, and venue or any legal action to enforce this Agreement shall be exclusively in Kitsap County, Washington. The prevailing party in any such action shall be entitled to its attorneys' fees and costs of suit, which shall be fixed by the judge hearing the case and such fee shall be included in City of Port Orchard and TMG Services Goods and Services Contract No. C074-23 Updated 4/2022 IBDR 1577863.1 -366922-0039 Page 10 Page 105 of 261 Back to Agenda the judgment. L. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. M. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. N. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. O. Severability. Any provision or part of this Agreement held to be void or unenforceable under any law or regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon the City and the Vendor. P. Notices. Notices to the City of Port Orchard shall be sent to the following address: City Clerk City of Port Orchard 216 Prospect Street Port Orchard, Washington 98366 Bwallace@cilyofportorchard.us Notices to the Vendor shall be sent to the following address: VENnnR• BY: Titl Dal City of Port Orchard and TMG Services Goods and Services Contract No. C074-23 Updated 4/20221BDR 1577863.1- 366922 -0039 CITY OF PORT ORCHARD: BY - Date: Robert Putaansuu Mayor Page 11 Page 106 of 261 Back to Agenda ATTEST/AUTHENTICATE: Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: Port Orchard City Attorney's Office City of Port Orchard and TMG Services Goods and Services Contract No. C074-23 Updated 4/2022 IBDR 1577863.1- 366922 -0039 Page 12 Page 107 of 261 Back to Agenda EXHIBITS A&B Scope of Materials and Services to be Provided by Vendor. The Vendor shall furnish goods and services including, but not limited to, the following: (See Attached) City of Port Orchard and TMG Services Goods and Services Contract No. C074-23 Updated 4/20221BDR 1577863.1 -366922-0039 Page 13 Page 108 of 261 Back to Agenda T�MG V SERVICES Exhibit A Quality Products - Excellent Service Jacki Brown Port Orchard, City of — Water 1535 Vivian Ct Port Orchard, WA 98366 Reference: Well 7 — Chlorine Onsite Generation Chlorination equipment for Well 7 —based on site visit. 3216 E. Portland Avenue Tacoma, WA 98404 253-779-4160 tmginc@tmgservices.net September 8, 2023 QUOTATION Suggested layout: Brine tank upstairs. OSEC panel, softener, product tank & metering pump skid downstairs. This would require moving 230V power downstairs. Suggested vent through floor into existing roof vent (would require penetrating vent cap) — Electrical & vent penetrations BY OTHERS. At current flows (550gpm, the product tank will provide approximately 3.5 days of storage. Onsite Generation System 1 OSEC L On -Site Hypochlorite Generation System Panel (20 PPD) -Pre-piped and pre -wired system for wall mounting. Includes the following: -(4) 5 PPD Electrolyzer cartridges -Manifold rack -Dilution water apparatus with manual isolating valve and solenoid valve, flow meter with minimum contact, flow control valve -Peristaltic brine pump -Static mixer -Non return valve at manifold inlet -Sample valve -Drain valve -Level switch to detect filling level of electrolyzer cartridge(s) -Sensor to monitor temperature of sodium hypochlorite solution -(4) 540W DC power supply units -Power supply connection box with main switch -Electronic control module with HMI Power supply: 100 - 240 VAC, 50/60 Hz 1 GF Pressure Reducing Valve 1 Kinetico Water Softener w/ Parts Group & Check Valve 1 300 Gallon Product Tank, Crosslink, 1.9 specific gravity, tank adapters, approximately 42" D x 56" H -System components for the Hypochlorite tank: -Filling and degassing arrangement with hydrogen dilution blower and air flow monitor -Pressure Transducer with control cable -PVC ball valve as withdrawal unit -Includes seismic clips. Does NOT include WA stamp or calcs 1 100 Gallon Brine Tank w/Cover, Level Control and Brine Collector (800# Salt Capacity) 1 Evoqua/W&T OSEC L Annual Maintenance Kit 1 ATI Hydrogen Leak Detector TOTAL PRICE: $58,897(Includes Freight, Installation, Startup & Training) Notes -Requires 100-230V, 1 Phase input power. Other input power can be accommodated at extra cost -All labor is quoted at Prevailing Wage Recommended Or)tions 4--Set-of-+-EvogtraAHff-06EG+ 5PPf}t£-arfiridge9r,-*D@$6 N6 Page 14 Page 109 of 261 Back to Agenda Page 2 of 2 Quotation — Port Orchard — Well 7 OSEC L20 TMG Services, Inc. Metering Pumps 1 ProMinent Dual Pump Floor Skid, PVCNiton (1 inlet/1 outlet) consisting of the following, -(2) ProMinent Sigma/1 Motor -Driven Metering Pumps -Pump Capacity: 6.9 GPH @ 145 PSI -Liquid End Materials: w/Bleed Valve, w/o Valve Spring -Hydraulic Connections: '/" MPT -Relay: Fault + 4-20mA -Control: Manual + Pulse + 4-20mA -(1) 1/2" Back Pressure Valves, PVCNiton -(2) 1/2" Pressure Relief Valves, PVCNiton -(4) Pressure Gauges w/ Diaphragm Seals, PVC/PTFE -(1) 1,000mL Calibration Column -(2) Pulsation Dampeners, PVC/PTFE -(1) Chemical Inlet: 1/2" -(2) Chemical Outlet: 1/2" -(1) Lot of SCH 80 PVC Piping, Fittings & True Union Ball Valves (Vented) PRICE: $21,666 (Includes Freight, Installation, Startup & Training) TOTAL PRICE: $80,463 $80,463.00 7.483.06 9.3% WSST T-OTA1_-P-RIG&witir6pefe- et-ef-GeAe-7-263 $87,946.06 OSEC INSTALLATION -Installation of the On -Site Hypochlorite Generation System includes placing equipment in proposed location. All work to be performed within the confines of the proposed room layout. Limit of piping installation shall be from inlet of water softener through OSEC system components to discharge side of metering pumps. Installation excludes any concrete work, drilling penetrations through roof or walls, sub -grade work and drilling of metal pipe for sample/injection point connections. Also, excludes any electrical wiring and/or interconnects. However, TMG will assist electrician in locating wiring landing points if they are on site at time of installation. Contractor to assist TMG personnel in placement of the heavier equipment items. Terms & Conditions of Sale: -F.O.B.: Port Orchard, WA -Payment Terms: Net 30 Days — Our terms of payment are 100% payable 30 days after shipment. Since this is an agreement between Buyer and Seller, and Seller has no relationship with the third party owner, this agreement must be independent of any third party action or inaction. Payment will be due as indicated above without a dependency on the buyer being paid by the owner, with no further restriction or impediments, and regardless of any payment arrangement that may exist between contractor and owner. -This price is in effect for 60 days. -Customer is responsible for off-loading all merchandise at its point of destination. -Submittals, if required, will be provided 2-3 weeks after receipt of all technical data at T M G Services. -Delivery will be made in approx. 12-14 weeks after receipt of order and/or approvals and resolution of all necessary technical data at TMG. -Quotation prices do not include any sales taxes or any other taxes that may apply. -This quotation is limited to the products and/or services as listed and excludes any item or service not specifically listed. -Invoices $3,000 or more that are paid with a credit card will have a 3% credit card fee added to the invoice. Thank you, Jeff Harmon Territory Manager Page 15 Page 110 of 261 Exhibit B Back to Agenda Tkm Quality Products - Excellent Service SERVICES Jacki Brown Port Orchard, City of — Water 1535 Vivian Ct Port Orchard, WA 98366 Reference: Well 7 — Chlorine & pH Analyzer Jacki, Per your request, here is a quote for the Blue White chlorine analyzer. Blue White Online Chlorine + pH Analyzer - APFCL -Chlorine, pH, and Temperature — Chlorine Range: 0.1-5.0 ppm -Assembled Panel with Flowmeter (20" x 36" x 9.5") -Built-in Temperature and pH Compensation -Highly Accurate, Real -Time Measurement, Display, and Data -Logging -5" Display and Data -Logging Terminal -FCL700 Smart Sensor -Warranty: 13 Months 3216 E. Portland Avenue Tacoma, WA 98404 253-779-4160 tmginc@tmgservices.net September 8, 2023 QUOTATION PRICE: $5,085 (Freight included. No additional install or startup if purchased with OSEC L system) -Requires a water sample flow of 3.1-6.2 GPH Terms & Conditions of Sale: -F.O.B.: Prepay & Add -Payment Terms: Net 30 Days — Our terms of payment are 100% payable 30 days after shipment. Since this is an agreement between Buyer and Seller, and Seller has no relationship with the third party owner, this agreement must be independent of any third party action or inaction. Payment will be due as indicated above without a dependency on the buyer being paid by the owner, with no further restriction or impediments, and regardless of any payment arrangement that may exist between contractor and owner. -This price is in effect for 60 days. -Submittals, if required, will be provided 1-2 weeks after receipt of all technical data at T M G Services. -Delivery will be made in approximately 6-8 weeks after receipt of order and/or approvals and resolution of all necessary technical data at T M G Services. -Quotation prices do not include any sales taxes or any other taxes that may apply. -This quotation is limited to the products and/or services as listed and excludes any item or service not specifically listed. Thank you. Let me know if you have any further questions. Total includes shipping $5,085.00 WSST 9.3% 472.91 Sincerely, Total Exhibit B $5,557.91 Jeff Harmon TMG Services, Inc. Page 16 Page 111 of 261 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: Approval of an Interlocal Agreement with the Washington State Traffic Safetv Back to Agenda Meeting Date: September 26, 2023 Prepared by: Matt Brown Commission (WTSC) for High -Visibility Atty Routing No. Safety Emphasis Patrols Atty Review Date Chief of Police N/A N/A Summary: This Interlocal Agreement continues our cooperative participation in the Washington Traffic Safety Commission's Region 9 Target Zero Task Force. The Kitsap County Sheriff's Office administratively manages the program and provides access to funding for regional traffic safety campaigns and emphasis patrols. This ILA is a continuation of those previously signed. Recommendation: Staff recommends the Council approve the Mayor to sign the Interlocal Agreement with the Washington Traffic Safety Commission. Relationship to Comprehensive Plan: N/A. Motion for consideration: I move to authorize the Mayor to sign the Interlocal Agreement between the City and the Washington Traffic Safety Commission. Fiscal Impact: The annual contribution of $2500 per participating agency is included in the 2023-2024 Biennial Budget. Participation in the ILA also provides agencies with access to additional funding for traffic safety campaigns, equipment, and overtime reimbursement. Alternatives: Decline to sign the ILA and provide additional guidance. Attachments: Interagency Agreement Grant Acknowledgment Form for High Visibility Enforcement (HVE) Mobilizations Page 112 of 261 Back to Agenda WEMSM INTERAGENCY AGREEMENT BETWEEN THE Washington Traffic Safety Commission AND THIS AGREEMENT is made and entered into by and between the Washington Traffic Safety Commission, hereinafter referred to as "WTSC," and hereinafter referred to as "SUB -RECIPIENT." NOW THEREFORE, in consideration of the authority provided to WTSC in RCW 43.59 and RCW 39.34, terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof, the parties mutually agree as follows: 1. PURPOSE OF THE AGREEMENT: The purpose of this Agreement is to provide funding, provided by the United States Department of Transportation (USDOT) National Highway Traffic Safety Administration (NHTSA) and allowed under the Assistance Listings Catalog of Federal Domestic Assistance (CFDA) number 20.600 for traffic safety grant project 2024-HVE-5119-Region 9 Target Zero Task Force specifically to provide funding for the law enforcement agencies in WTSC Region 9 to conduct straight time or overtime enforcement activities (traffic safety emphasis patrols) as outlined in the Statement of Work (SOW), in support of Target Zero priorities. The Target Zero Manager (TZM) and/or the Law Enforcement Liaison (LEL) shall coordinate the SOW with the SUB -RECIPIENT with the goal of reducing traffic crashes. Grant 2024-HVE-5119-Region 9 Target Zero Task Force was awarded to the WTSC Region 9 to support collaborative efforts to conduct HVE activities. By signing this agreement, the SUB -RECIPIENT can seek reimbursement for straight time or overtime for approved law enforcement activity expenses incurred as a participant in the region's HVE grant. 2. PERIOD OF PERFORMANCE The period of performance of this Agreement shall commence upon the date of execution by both parties, but not earlier than October 1, 2023, and remain in effect until September 30, 2024 unless terminated sooner, as provided herein. 3. SCOPE OF WORK 3.1.1 Problem ID and/or Opportunity The main causes of serious injury and fatality collisions on Washington's roadways are driver impairment through drug and/or alcohol use, speeding, occupant restraint mis/nonuse, and distraction. Fatalities have increased almost 40 percent since 2019. Despite a very high seat belt use rate (greater than 90% for many years in a row), the number of unrestrained fatalities Page 113 of 261 page 1 of 16 Back to Agenda and serious injuries have increased to the highest number since before 2010. Since 2019, unrestrained fatalities have increased over 40 percent Motorcyclists also represent a high number of injured and killed because of unsafe and poorly trained riders and the challenges vehicle drivers face in observing motorcycles on the road. Washington has seen a drastic decrease in proactive enforcement of traffic laws. This decrease is due to a myriad of factors, include the COVID-19 pandemic, political actions to update laws that reduce an officer's ability to stop drivers, This project will fund locally coordinated enforcement mobilizations to address impaired driving, distracted driving, seat belt safety, speeding, and motorcycle safety. Funding and events will be organized by local Target Zero Managers (TZMs) & the statewide Law Enforcement Liaison networks and their local Target Zero Task Force. These patrols will also be coordinated with the Washington State Patrol (WSP). Target Zero Managers will establish or strengthen relationships with key WSP district personnel to improve interagency coordination. 3.1.2 Project Purpose and Strategies This project will fund High Visibility Enforcement (HVE) and Traffic Safety Enforcement Program (TSEP) patrols to prevent impaired driving, distracted driving, seat belt use, speeding, and motorcycle safety. High Visibility Enforcement (HVE) and Traffic Safety Enforcement Program (TSEP) patrols are designed to create deterrence by increasing the expectation of a citation/fine/arrest. Officers may also remove high risk (impaired) drivers when encountered. So together, this countermeasure works by preventing dangerous driving behaviors and stopping those who still decide to engage in those behaviors. Funding and events will be organized by local TZMs, LELs, and their local Target Zero Task Force. Task forces will use local data and professional judgement to determine enforcement priorities for their jurisdictions and will schedule and plan enforcement and outreach activities. Regional participation in the following National Campaigns is mandatory: • Impaired driving enforcement during the Holiday DUI campaign (December 2023). • Distracted driving enforcement during the Distracted Driving campaign (April 2024) • Seat belt enforcement during the Click It or Ticket campaign (May 2024). • Impaired driving enforcement during the Summer DUI campaign (August 2024). These patrols will also be coordinated with the Washington State Patrol (WSP). Target Zero Managers will establish or strengthen relationships with key WSP district personnel to improve interagency coordination with the WSP. 3.1.3 Requirements for National Mobilizations and Traffic Safety Enforcement Program (TSEP) 1. HVE events will be data informed; based on crash data, anecdotal evidence, and the professional judgement of task force members. WTSC strongly believes in the expertise of local officers to understand the highest priority areas in their communities to focus their efforts. 2. The SUB -RECIPIENT will ensure that all officers participating in these patrols are BAC certified and have received and passed the SFST refresher training. 3. SUB -RECIPIENT will ensure all officers participating in Impaired Driving patrols have also received Advanced Roadside Impaired Driving Enforcement (ARIDE) training. 4. SUB -RECIPIENT shall ensure all participating personnel will use the WEMS system provided by the WTSC to record all activities in digital activity logs conducted by their commissioned officers pursuant to the HVE events. Participating officers will fill out all applicable fields of the digital activity log and use the comments field to provide details on irregularities, challenges or other details that would help explain what was encountered during their shift. SUB - RECIPIENT will also ensure all supervisors and fiscal staff have the ability to review and edit those activity logs. Page 114 of 261 page 2 of 16 Back to Agenda 5. Activity conducted outside of the quarterly task force operational plans will not be reimbursed. 3.1.4 Project Intent and Best Practice 1. SUB -RECIPIENT is encouraged to help their Region Task Force fulfill the requirement to participate in the four mandatory National Campaigns. (Holiday DUI campaign in December 2023, Distracted Driving campaign in April 2024, Click It or Ticket campaign in May 2024, and Summer DUI campaign in August 2024). NOTE: Agencies must participate in speed or impaired driving enforcement under this agreement to be eligible to receive funding under the WASPC equipment grant. 2. SUB -RECIPIENT is strongly encouraged to participate in their task force to plan and execute enforcement events. 3. Regional task force will be submitting quarterly operational plans and SUB -RECIPIENT is encouraged to participate to the fullest extent possible. Quarterly operational plans are due October 15, December 15, March 15, and June 15. 4. WTSC encourages participating officers to prioritize violations that directly contribute to the injury and death of road users, such as impaired driving, speeding, distracted driving, non -restraint, etc. 5. SUB -RECIPIENT should promote patrol events through all earned, owned and, if funded, paid media that is available so that the public is made aware of the event before, during, and after the enforcement takes place. It is best practice to translate messages as needed and invite local media involvement in the effort to reach communities in which HVE will occur. 6. SUB -RECIPIENT should strive to actively enforce traffic safety laws focused on collision causing behaviors in priority areas throughout the year outside of HVE events. 7. When participating in motorcycle patrols SUB -RECIPIENT should focus on the illegal and unsafe driving actions of all motor vehicles interacting with motorcycles. This includes speeding, failure to yield to a motorcycle, following too closely to a motorcycle, distracted driving, etc. 8. When participating in motorcycle patrols SUB -RECIPIENT should ensure that enforcement will focus on the illegal and unsafe driving actions of motorcycles that are known to cause serious and fatal crashes. This includes impaired driving, speeding, and following too closely. 9. Performance will be monitored by the regional TZM, LEL, and Task Force, as well as WTSC. WTSC reserves the right to designate specific officers as ineligible for cost reimbursement. This will occur if an officer is determined to not have not met the purpose/intent of this grant in multiple emphasis patrols. 10. Funds can be used to support the mentoring of officers in traffic enforcement. This can be focused on impaired driving, or general traffic enforcement. For DUI mentorship, WTSC has found it to be best practice to include a mix of instruction and practical experience. The mentor should be a DIRE when possible, or a highly effective DUI emphasis patrol officer with a minimum of ARIDE training. Mentor/mentee activities will be pre -approved by the TZM or LEL after the mentee submits their interest. 11. Community outreach/collaboration: Funds can be used to pay for traffic safety focused community outreach and collaboration activities. The operational approach for regional community outreach and collaboration activities should be developed at the Task Force level and be approved by the WTSC. WTSC recommends that these activities include an opportunity for the audience to provide feedback on local traffic safety priorities and activities, which ideally will influence the region's plan for traffic safety programming. Page 115 of 261 page 3 of 16 Back to Agenda In order to receive funding from this grant, agencies must participate with the regional traffic safety task force/coalition in the planning efforts for these activities. WTSC also encourages all law enforcement agencies in Washington to utilize WTSC's data analysis resources, such as interactive dashboards and data from a statewide attitudinal survey, as well their regional Target Zero Manager to identify priorities for engaging with the community. WTSC will provide tools for documenting community collaboration activities, such as the WEMS activity log. 3.1.5 NATIONAL AND STATE-WIDE MOBILIZATIONS Not all agencies are required to participate in all of these, however the region has committed to participate as a region in all of these. Dates are tentative and may change when NHTSA publishes their FFY2024 mobilization calendar. Mobilization Dates Holiday DUI December 13, 2023 — January 1, 2024 U Drive. U Text. U Pay. April 1 — 14, 2024 Click It or Ticket May 13 — June 2, 2024 It's a Fine Line (optional if funded) July 5 — 21, 2024 DUI Drive Sober or Get Pulled Over August 12 — September 4, 2024 3.2 PROJECT GOALS Prevent traffic crashes to reduce traffic related deaths and serious injuries through active, visible, consistent, and targeted traffic law enforcement, law enforcement training, and community outreach. Law enforcement can have a profound effect on traffic safety and this project aims to increase participation to accomplish that. 3.3 COMPENSATION 3.3.1 The Compensation for the straight time or overtime work provided in accordance with this Agreement has been established under the terms of RCW 39.34. The cost of accomplishing the work described in the SOW will not exceed dollar total from amounts listed below. Payment for satisfactory performance shall not exceed this amount unless the WTSC and SUB -RECIPIENT mutually agree to a higher amount in a written Amendment to this Agreement executed by both the WTSC and SUB -RECIPIENT. Comp -time is not considered overtime and will not be approved for payment. All law enforcement agencies who are active members of the Region's traffic safety task force with a fully executed grant agreement are eligible to participate in this grant. 3.3.2 WTSC will reimburse for personnel straight time or overtime expenses at 150 percent of the officer's normal salary rate plus SUB-RECIPIENT's contributions to employee benefits, limited to the following: • FICA • Medicare • Any portion of L&I that is paid by the employer (SUB -RECIPIENT) • Retirement contributions paid by the employer (SUB -RECIPIENT) can be included if the contribution is based on a percentage of their hours worked. Health insurance, or any other benefits not listed above, are not eligible for reimbursement. The SUB -RECIPIENT will provide law enforcement officers with appropriate equipment (e.g., vehicles, radars, portable breath testers, etc.) to participate in the emphasis patrols. 3.3.3 Funding alterations are permitted as follows: Upon agreement by the regional TZM and all other parties impacted by a proposed budget alteration, the budget category amounts may be increased or decreased without amending this Page 116 of 261 page 4 of 16 Back to Agenda agreement, so long as the total grant award amount does not increase. HVE grant funds should be managed collaboratively by the SUB -RECIPIENT and the TZM. These alterations must be requested through email communication between the regional TZM and assigned WTSC Program Manager. This communication shall include details of the requested budget modifications and a description of why these changes are needed. The TZM will also send an updated quarterly Operations Plan to the WASPC representative monitoring the project if the budget modification will result in changes to the previously submitted plan. 3.3.4 These funds, designated for salaries and benefits, are intended to pay for the hourly straight time or overtime costs and proportional amounts of fringe benefits of commissioned staff pursuing the activities described in the statement of work. These funds may not be used for any other purpose for example any work required to maintain a law enforcement commission including recertification trainings like firearm qualification. This agreement is expressly designated to fund salaries and benefits. By signing this agreement, SUB -RECIPIENT agrees to supply all necessary equipment and vehicles needed to accomplish the work in the scope of work. WTSC is not responsible for any equipment that is lost, stolen, or destroyed in the execution of the scope of work. 3.3.5 Dispatch: WTSC will reimburse communications officers/dispatch personnel for work on this project providing SUB - RECIPIENT has received prior approval from their region's TZM. This activity must be overtime and only the expenses listed in section 3.2 and its subsections will be reimbursed. 3.3.6 Transport Officers: WTSC will reimburse transport officers for their work on this project providing SUB -RECIPIENT has received approval from their regions TZM. The TZM will work with the regional LEL to determine if need is warranted for the type of HVE activity. This activity must be overtime and only the expenses listed in section 3.2 and its subsections will be reimbursed. 3.3.7 The law enforcement agency involved will not schedule individual officer overtime shifts for longer than eight hours. WTSC understands there may be instances when more than eight hours are billed due to DUI processing or other reasons and an explanation should be provided on the WEMS Officer Activity Log. 3.3.8 The law enforcement agency involved will ensure that any reserve officer for whom reimbursement is claimed has exceeded his/her normal weekly working hours when participating in an emphasis patrol and is authorized to be paid at the amount requested. Reserve officers may only be paid at the normal hourly rate and not at the 150 percent overtime rate. 3.4 PROJECT COSTS The WTSC has awarded $115,000.00 to the WTSC Region 9 Traffic Safety Task Force for the purpose of conducting coordinated HVE enforcement and community outreach/collaboration activities. The funding must be used for traffic safety purposes in the areas of impaired driving, distracted driving, occupant restraint use, speeding, and motorcycle safety. See the project in WEMS for an updated distribution of funding by specific emphasis area. By signing this agreement, the SUB -RECIPIENT can seek reimbursement for approved straight time or overtime expenses incurred as a participant in this grant. Funds are expressly designated for staffing activities and may not be used for other expenses that may be incurred, such as vehicle damage, supply replacement, etc. All activity must be coordinated by the region's traffic safety task force and TZM to be eligible for reimbursement. APPLICABLE STATE AND FEDERAL TERMS AND CONDITIONS: 4. ACTIVITY REPORTS Page 117 of 261 page 5 of 16 Back to Agenda The SUB -RECIPIENT agrees to have all personnel who work HVE patrols submit a WEMS Officer Activity Log within 24 hours of the end of all shifts worked. These same logs will be associated with invoices as detailed in the "BILLING PROCEDURE" section. Use of the Officer Activity Log in the WTSC's online grant management system, WEMS, is required. Supervisor review and accuracy certification will also be done in WEMS. 5. ADVANCE PAYMENTS PROHIBITED No payments in advance of or in anticipation of goods or services to be provided under this Agreement shall be made by the WTSC. 6. AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the Parties in the form of a written request to amend this Agreement. Such amendments shall only be binding if they are in writing and signed by personnel authorized to bind each of the Parties. Changes to the budget, SUB -RECIPIENT'S Primary Contact, and WTSC Program Manager can be made through email communication and signatures are not required. 7. ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 8. ASSIGNMENT The SUB -RECIPIENT may not assign the work to be provided under this Agreement, in whole or in part, without the express prior written consent of the WTSC, which consent shall not be unreasonably withheld. The SUB -RECIPIENT shall provide the WTSC a copy of all third -party contracts and agreements entered into for purposes of fulfilling the SOW. Such third -party contracts and agreements must follow applicable federal, state, and local law, including but not limited to procurement law, rules, and procedures. If any of the funds provided under this Agreement include funds from NHTSA, such third -party contracts and agreements must include the federal provisions set forth in this Agreement in sections 32 through 40. 9. ATTORNEYS' FEES In the event of litigation or other action brought to enforce the Agreement terms, each party agrees to bear its own attorney fees and costs. 10. BILLING PROCEDURE All invoices for reimbursement of HVE activities will be done using the WTSC's grant management system, WEMS. WEMS Officer Activity logs will be attached to invoices, directly linking the cost of the activity to the invoice. Because the activity, approval, and invoicing are all done within WEMS, no back up documentation is required in most cases. Once submitted by the SUB -RECIPIENT, invoices are routed to the regional TZM for review and approval. The TZM will submit all approved invoices to the WTSC via WEMS within 10 days of receipt. Payment to the SUB -RECIPIENT for approved and completed work will be made by warrant or account transfer by WTSC within 30 days of receipt of such properly documented invoices acceptable to WTSC. Upon expiration of the Agreement, any claim for payment not already made shall be submitted within 45 days after the expiration date of this Agreement. All invoices for goods received or services performed on or prior to June 30, 2024, must be received by WTSC no later than August 10, 2024. All invoices for goods received or services performed between July 1, 2024 and September 30, 2024, must be received by WTSC no later than November 15, 2024. 11. CONFIDENTIALITY / SAFEGUARDING OF INFORMATION Page 118 of 261 page 6 of 16 Back to Agenda The SUB -RECIPIENT shall not use or disclose any information concerning the WTSC, or information which may be classified as confidential, for any purpose not directly connected with the administration of this Agreement, except with prior written consent of the WTSC, or as may be required by law. 12. COST PRINCIPLES Costs incurred under this Agreement shall adhere to provisions of 2 CFR Part 200 Subpart E. 13. COVENANT AGAINST CONTINGENT FEES The SUB -RECIPIENT warrants that it has not paid, and agrees not to pay, any bonus, commission, brokerage, or contingent fee to solicit or secure this Agreement or to obtain approval of any application for federal financial assistance for this Agreement. The WTSC shall have the right, in the event of breach of this section by the SUB -RECIPIENT, to annul this Agreement without liability. 14. DISPUTES 14.1. Disputes arising in the performance of this Agreement, which are not resolved by agreement of the parties, shall be decided in writing by the WTSC Deputy Director or designee. This decision shall be final and conclusive, unless within 10 days from the date of the SUB-RECIPIENT's receipt of WTSC's written decision, the SUB -RECIPIENT furnishes a written appeal to the WTSC Director. The SUB-RECIPIENT's appeal shall be decided in writing by the Director or designee within 30 days of receipt of the appeal by the Director. The decision shall be binding upon the SUB -RECIPIENT and the SUB -RECIPIENT shall abide by the decision. 14.2. Performance During Dispute. Unless otherwise directed by WTSC, the SUB -RECIPIENT shall continue performance under this Agreement while matters in dispute are being resolved. 14.3 In the event that either Party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this Agreement, the Parties hereto agree that any such action or proceedings shall be brought in the superior court situated in Thurston County, Washington. 15. GOVERNANCE 15.1. This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. 15.2. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: 15.2.1.Applicable federal and state statutes and rules 15.2.2.Terms and Conditions of this Agreement 15.2.3.Any Amendment executed under this Agreement 15.2.4.Any SOW executed under this Agreement 15.2.5.Any other provisions of the Agreement, including materials incorporated by reference 16. INCOME Any income earned by the SUB -RECIPIENT from the conduct of the SOW (e.g., sale of publications, registration fees, or service charges) must be accounted for, reported to WTSC, and that income must be applied to project purposes or used to reduce project costs. 17. INDEMNIFICATION Page 119 of 261 page 7 of 16 Back to Agenda 17.1. To the fullest extent permitted by law, the SUB -RECIPIENT shall indemnify and hold harmless the WTSC, its officers, employees, and agents, and process and defend at its own expense any and all claims, demands, suits at law or equity, actions, penalties, losses, damages, or costs of whatsoever kind ("claims") brought against WTSC arising out of or in connection with this Agreement and/or the SUB-RECIPIENT's performance or failure to perform any aspect of the Agreement. This indemnity provision applies to all claims against WTSC, its officers, employees, and agents arising out of, in connection with, or incident to the acts or omissions of the SUB -RECIPIENT, its officers, employees, agents, contractors, and subcontractors. Provided, however, that nothing herein shall require the SUB -RECIPIENT to indemnify and hold harmless or defend the WTSC, its agents, employees, or officers to the extent that claims are caused by the negligent acts or omissions of the WTSC, its officers, employees or agents; and provided further that if such claims result from the concurrent negligence of (a) the SUB -RECIPIENT, its officers, employees, agents, contractors, or subcontractors, and (b) the WTSC, its officers, employees, or agents, or involves those actions covered by RCW 4.24.115, the indemnity provisions provided herein shall be valid and enforceable only to the extent of the negligence of the SUB- RECIPIENT, its officers, employees, agents, contractors, or subcontractors. 17.2. The SUB -RECIPIENT agrees that its obligations under this Section extend to any claim, demand and/or cause of action brought by, or on behalf of, any of its employees or agents in the performance of this agreement. For this purpose, the SUB - RECIPIENT, by mutual negotiation, hereby waives with respect to WTSC only, any immunity that would otherwise be available to it against such claims under the Industrial Insurance provisions chapter 51.12 RCW. 17.3. The indemnification and hold harmless provision shall survive termination of this Agreement. 18. INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. 19. INSURANCE COVERAGE 19.1. The SUB -RECIPIENT shall comply with the provisions of Title 51 RCW, Industrial Insurance, if required by law. 19.2. If the SUB -RECIPIENT is not required to maintain insurance in accordance with Title 51 RCW, prior to the start of any performance of work under this Agreement, the SUB -RECIPIENT shall provide WTSC with proof of insurance coverage (e.g., vehicle liability insurance, private property liability insurance, or commercial property liability insurance), as determined appropriate by WTSC, which protects the SUB -RECIPIENT and WTSC from risks associated with executing the SOW associated with this Agreement. 20. LICENSING, ACCREDITATION, AND REGISTRATION The SUB -RECIPIENT shall comply with all applicable local, state, and federal licensing, accreditation, and registration requirements and standards necessary for the performance of this Agreement. The SUB -RECIPIENT shall complete registration with the Washington State Department of Revenue, if required, and be responsible for payment of all taxes due on payments made under this Agreement. 21. RECORDS MAINTENANCE 21.1. During the term of this Agreement and for six years thereafter, the SUB -RECIPIENT shall maintain books, records, documents, and other evidence that sufficiently and properly reflect all direct and indirect costs expended in the performance of the services described herein. These records shall be subject to inspection, review, or audit by authorized personnel of the WTSC, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents, and other material relevant to this Agreement will be retained for six years after expiration. The Office of the State Auditor, federal Page 120 of 261 page 8 of 16 Back to Agenda auditors, the WTSC, and any duly authorized representatives shall have full access and the right to examine any of these materials during this period. 21.2. Records and other documents, in any medium, furnished by one party to this Agreement to the other party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available this material to any third parties without first giving notice to the furnishing party and giving them a reasonable opportunity to respond. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. 22. RIGHT OF INSPECTION The SUB -RECIPIENT shall provide right of access to its facilities to the WTSC or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Agreement. The SUB -RECIPIENT shall make available information necessary for WTSC to comply with the right to access, amend, and receive an accounting of disclosures of their Personal Information according to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or any regulations enacted or revised pursuant to the HIPAA provisions and applicable provisions of Washington State law. The SUB - RECIPIENT shall upon request make available to the WTSC and the United States Secretary of the Department of Health and Human Services all internal policies and procedures, books, and records relating to the safeguarding, use, and disclosure of Personal Information obtained or used as a result of this Agreement. 23. RIGHTS IN DATA 23.1. WTSC and SUB -RECIPIENT agree that all data and work products (collectively called "Work Product") pursuant to this Agreement shall be considered works made for hire under the U.S. Copyright Act, 17 USC §101 et seq., and shall be owned by the state of Washington. Work Product includes, but is not limited to, reports, documents, pamphlets, advertisement, books, magazines, surveys, studies, computer programs, films, tapes, sound reproductions, designs, plans, diagrams, drawings, software, and/or databases to the extent provided by law. Ownership includes the right to copyright, register the copyright, distribute, prepare derivative works, publicly perform, publicly display, and the ability to otherwise use and transfer these rights. 23.2. If for any reason the Work Product would not be considered a work made for hire under applicable law, the SUB - RECIPIENT assigns and transfers to WTSC the entire right, title, and interest in and to all rights in the Work Product and any registrations and copyright applications relating thereto and any renewals and extensions thereof. 23.3. The SUB -RECIPIENT may publish, at its own expense, the results of project activities without prior review by the WTSC, provided that any publications (written, visual, or sound) contain acknowledgment of the support provided by NHTSA and the WTSC. Any discovery or invention derived from work performed under this project shall be referred to the WTSC, who will determine through NHTSA whether patent protections will be sought, how any rights will be administered, and other actions required to protect the public interest. 24. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to completion of the SOW under this Agreement, the WTSC may terminate the Agreement under the "TERMINATION FOR CONVENIENCE" clause, without the 30-day notice requirement. The Agreement is subject to renegotiation at the WTSC's discretion under any new funding limitations or conditions. 25. SEVERABILITY Page 121 of 261 page 9 of 16 Back to Agenda If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared to be severable. 26. SITE SECURITY While on WTSC premises, the SUB -RECIPIENT, its agents, employees, or sub -contractors shall conform in all respects with all WTSC physical, fire, or other security policies and applicable regulations. 27. TAXES All payments of payroll taxes, unemployment contributions, any other taxes, insurance, or other such expenses for the SUB - RECIPIENT or its staff shall be the sole responsibility of the SUB -RECIPIENT. 28. TERMINATION FOR CAUSE If the SUB -RECIPIENT does not fulfill in a timely and proper manner its obligations under this Agreement or violates any of these terms and conditions, the WTSC will give the SUB -RECIPIENT written notice of such failure or violation, and may terminate this Agreement immediately. At the WTSC's discretion, the SUB -RECIPIENT may be given 15 days to correct the violation or failure. In the event that the SUB -RECIPIENT is given the opportunity to correct the violation and the violation is not corrected within the 15- day period, this Agreement may be terminated at the end of that period by written notice of the WTSC. 29. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Agreement, either party may terminate this Agreement, without cause or reason, with 30 days written notice to the other party. If this Agreement is so terminated, the WTSC shall be liable only for payment required under the terms of this Agreement for services rendered or goods delivered prior to the effective date of termination. 30. TREATMENT OF ASSETS 30.1. Title to all property furnished by the WTSC shall remain property of the WTSC. Title to all property furnished by the SUB - RECIPIENT for the cost of which the SUB -RECIPIENT is entitled to be reimbursed as a direct item of cost under this Agreement shall pass to and vest in the WTSC upon delivery of such property by the SUB -RECIPIENT. Title to other property, the cost of which is reimbursable to the SUB -RECIPIENT under this Agreement, shall pass to and vest in the WTSC upon (i) issuance for use of such property in the performance of this Agreement, or (ii) commencement of use of such property in the performance of this Agreement, or (iii) reimbursement of the cost thereof by the WTSC in whole or in part, whichever first occurs. 30.2. Any property of the WTSC furnished to the SUB -RECIPIENT shall, unless otherwise provided herein or approved by the WTSC, be used only for the performance of this Agreement. 30.3. The SUB -RECIPIENT shall be responsible for any loss or damage to property of the WTSC which results from the negligence of the SUB -RECIPIENT or which results from the failure on the part of the SUB -RECIPIENT to maintain and administer that property in accordance with sound management practices. 30.4. If any WTSC property is lost, destroyed, or damaged, the SUB -RECIPIENT shall immediately notify the WTSC and shall take all reasonable steps to protect the property from further damage. Page 122 of 261 page 10 of 16 Back to Agenda 30.5. The SUB -RECIPIENT shall surrender to the WTSC all property of the WTSC upon completion, termination, or cancellation of this Agreement. 30.6. All reference to the SUB -RECIPIENT under this clause shall also include SUB-RECIPIENT's employees, agents, or sub- contractors. 31. WAIVER A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement. APPLICABLE CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS (23 CFR PART 1300 APPENDIX A): 32. BUY AMERICA ACT The SUB -RECIPIENT will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using federal funds. Buy America requires the SUB -RECIPIENT to purchase only steel, iron, and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use federal funds to purchase foreign produced items, the WTSC must submit a waiver request that provides an adequate basis and justification, and which is approved by the Secretary of Transportation. 33. DEBARMENT AND SUSPENSION Instructions for Lower Tier Certification 33.1. By signing this Agreement, the SUB -RECIPIENT (hereinafter in this section referred to as the "lower tier participant") is providing the certification set out below and agrees to comply with the requirements of 2 CFR part 180 and 23 CFR part 1200. 33.2. The certification in this section is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 33.3. The lower tier participant shall provide immediate written notice to the WTSC if at any time the lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 33.4. The terms covered transaction, civil judgement, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. 33.5. The lower tier participant agrees by signing this Agreement that it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by WTSC. 33.6. The lower tier participant further agrees by signing this Agreement that it will include the clause titled "Instructions for Lower Tier Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for Page 123 of 261 page 11 of 16 Back to Agenda lower tier covered transactions, and will require lower tier participants to comply with 2 CFR part 180 and 23 CFR part 1200. 33.7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/). 33.8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 33.9. Except for transactions authorized under paragraph 33.5. of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions 33.10. The lower tier participant certifies, by signing this Agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. 33.11. Where the lower tier participant is unable to certify to any of the statements in this certification, such participant shall attach an explanation to this Agreement. 34. THE DRUG -FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103) 34.1. The SUB -RECIPIENT shall: 34.1.1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the SUB-RECIPIENT's workplace, and shall specify the actions that will be taken against employees for violation of such prohibition. 34.1.2. Establish a drug -free awareness program to inform employees about the dangers of drug abuse in the workplace; the SUB- RECIPIENT's policy of maintaining a drug -free workplace; any available drug counseling, rehabilitation, and employee assistance programs; and the penalties that may be imposed upon employees for drug violations occurring in the workplace. 34.1.3. Make it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph 34.1.1. of this section. 34.1.4. Notify the employee in the statement required by paragraph 34.1.1. of this section that, as a condition of employment under the grant, the employee will abide by the terms of the statement, notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction, and notify the WTSC within 10 days after receiving notice from an employee or otherwise receiving actual notice of such conviction. Page 124 of 261 page 12 of 16 Back to Agenda 34.1.5. Take one of the following actions within 30 days of receiving notice under paragraph 34.1.3. of this section, with respect to any employee who is so convicted: take appropriate personnel action against such an employee, up to and including termination, and/or require such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency. 34.1.6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of all of the paragraphs above. 35. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) In accordance with FFATA, the SUB -RECIPIENT shall, upon request, provide WTSC the names and total compensation of the five most highly compensated officers of the entity, if the entity in the preceding fiscal year received 80 percent or more of its annual gross revenues in federal awards, received $25,000,000 or more in annual gross revenues from federal awards, and if the public does not have access to information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 or section 6104 of the Internal Revenue Code of 1986. 36. FEDERAL LOBBYING 36.1. The undersigned certifies, to the best of his or her knowledge and belief, that: 36.1.1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 36.1.2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. 36.1.3. The undersigned shall require that the language of this certification be included in the award documents for all sub - awards at all tiers (including sub -contracts, sub -grants, and contracts under grant, loans, and cooperative agreements), and that all sub- recipients shall certify and disclose accordingly. 36.2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 37. NONDISCRIMINATION (Title VI, 42 U.S.C. § 2000d et seq.) 37.1. During the performance of this Agreement, the SUB -RECIPIENT agrees: 37.1.1. To comply with all federal statutes and implementing regulations relating to nondiscrimination ("Federal Page 125 of 261 page 13 of 16 Nondiscrimination Authorities"). These include but are not limited to: Back to Agenda 37.1.1.1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252 37.1.1.2. 49 CFR part 21 37.1.1.3. 28 CFR section 50.3 37.1.1.4. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 37.1.1.5. Federal -Aid Highway Act of 1973, (23 U.S.C. 324 et seq.) 37.1.1.6. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.) 37.1.1.7. The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.) 37.1.1.8. The Civil Rights Restoration Act of 1987 37.1.1.9. Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) 37.1.1.10. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations 37.1.1.11. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency 37.1.1.12. Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities through the Federal Government 37.1.1.13. Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation 37.1.2. Not to participate directly or indirectly in the discrimination prohibited by any federal non-discrimination law or regulation, as set forth in Appendix B of 49 CFR Part 21 and herein. 37.1.3. To keep and permit access to its books, records, accounts, other sources of information, and its facilities as required by the WTSC, USDOT, or NHTSA in a timely, complete, and accurate way. Additionally, the SUB -RECIPIENT must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance 37.1.4. That, in the event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/funding Agreement, the WTSC will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient complies, and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part. 37.1.5. In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the SUB -RECIPIENT hereby gives assurance that it will promptly take any measures necessary to ensure that: "No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSX. 37.1.6. To insert this clause, including all paragraphs, in every sub -contract and sub -agreement and in every solicitation for a sub- contract or sub -agreement that receives federal funds under this program. 38. POLITICAL ACTIVITY (HATCH ACT) The SUB -RECIPIENT will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. Page 126 of 261 page 14 of 16 Back to Agenda 39. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE The SUB -RECIPIENT will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. This Agreement does not include any aspects or elements of helmet usage or checkpoints, and so fully complies with this requirement. 40. STATE LOBBYING None of the funds under this Agreement will be used for any activity specifically designed to urge or influence a state or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any state or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a state official whose salary is supported with NHTSA funds from engaging in direct communications with state or local legislative officials, in accordance with customary state practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. 41. CERTIFICATION ON CONFLICT OF INTEREST 41.1. No employee, officer or agent of the SUB -RECIPIENT who is authorized in an official capacity to negotiate, make, accept or approve, or to take part in negotiating, making, accepting or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. 41.2. Based on this policy: 41.2.1. The SUB -RECIPIENT shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. The code or standards shall provide that the SUB- RECIPIENT's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential sub-awardees, including contractors or parties to subcontracts and establish penalties, sanctions or other disciplinary actions for violations, as permitted by State or local law or regulation. 41.2.2. The SUB -RECIPIENT shall maintain responsibility to enforce the requirements of the written code or standards of conduct. 41.3. No SUB -RECIPIENT, including its officers, employees or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. 41.3.1. The SUB -RECIPIENT shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to WTSC. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict. 42. DESIGNATED CONTACTS The following named individuals will serve as designated contacts for each of the parties for all communications, notices, and reimbursements regarding this Agreement: Page 127 of 261 page 15 of 16 The Contact for the SUB- The Target Zero Manager for RECIPIENT is: Region 9 is: Back to Agenda The Contact ivy vv , o� mo. i Marsha Masters Kitsap county Sheriffs Office mmasters@kitsap.gov AUTHORITY TO SIGN Jerry Noviello WTSC Program Manager jnoviello@wtsc.wa.gov 360-725-9897 The undersigned acknowledge that they are authorized to execute this Agreement and bind their respective agencies or entities to the obligations set forth herein. IN WITNESS WHEREOF, the parties have executed this Agreement. SUB -RECIPIENT: Signature Printed Name Title Date WASHINGTON TRAFFIC SAFETY COMMISSION Signature Printed Name Title Date Page 128 of 261 page 16 of 16 Back to Agenda BWEMS Grant Requirements Acknowledgment Form for High Visibility Enforcement (HVE) Mobilizations WEMS ID: 2024-HVE-5119-Region 9 Target Zero Task Force Before beginning work on this grant project, the grantee Project Manager should thoroughly read and understand the terms of the Inter -agency Agreement (IAA). This Grant Requirements Acknowledgment Form provides an explanation of some key terms and highlights but is not comprehensive. If the Project Manager has questions after reviewing this document, please refer to the WTSC Grants Management Manual, or contact the WTSC Program Manager assigned to this grant. When you, the grant Project Manager, agree to this document, you certify that you understand the grant requirements and agree to fully comply with the terms and conditions set forth in the Agreement/Contract, as well as additional federal requirements outlined in the Code of Federal Regulations for Federal Grants and Agreements, as referenced below. If anything in this document conflicts with the Agreement/Contract, the Agreement/Contract takes precedence. Before you begin work, you must have: A fully executed IAA or contract signed by both parties. Attested to the Grant Requirements Acknowledgment Form (this document). Work cannot begin before the start date on the IAA, or before the IAA is signed by all parties. WTSC will only reimburse expenses incurred after the IAA is fully executed. Select Contract Provisions: • Statement of Work: This summarizes the worktobedone forthisgrant. Ifthis changes significantly, the grantee will need to request change in WEMS, and an IAAamendment maybe required. • High Visibility Enforcement (HVE) Operational Requirements: The specific HVE requirements listed in the Scope of Work are extremely important to the success of the high visibility enforcement strategy. ALL of these requirements must be followed. • WEMS Digital Activity Log: WTSC requires all agencies participating in high visibility enforcement to use the WEMS system to document the activity of all participating officers. An officer cannot participate if they do not have a WEMS account and do not input their activities into the WEMS digital activity log. • Officer Training Requirements: Any officer participating officer must document in WEMS that they have current qualifications for BAC and SFST. • Period of Performance: All work must be completed, and goods and services must be received, during the period of performance on the IAA. Page 129 of 261 Page 1 of 2 Back to Agenda • Compensation: o Comp time is not an allowable expense for reimbursement on a high visibility enforcement (HVE) campaign contract or other OT (Overtime) patrol projects. The funding for these types of projects are for the actual activity of patrolling and comp time or any other type of leave will not be reimbursed. o All expenses must be incurred during the period of performance on the IAA. o Expenses cannot exceed the total amount of the agreement and must fall within the amounts of each budget category as listed in the IAA. o Funds may be moved, with prior approval and within certain limits, between planned budget categories. A formal request must be submitted to the Target Zero Manager. • Advance Payments Prohibited: WTSC cannot pay for any costs prior to the work being completed or the goods being delivered. • Agreement Alterations and Amendments: If your agency wants to seek an exception to any of the HVE operational requirements, you must submit an exception request to the WTSC's primary contact listed in the in Interagency Agreement. • Billing Procedure: Your agency is required to utilize the Digital Activity Log in the WEMS system, supplied by the WTSC for all of your invoices. Your local TZM can give you training and support if you need assistance using this system. • Buy America Act: For any manufactured goods over $5,000, the grantee must provide written certification that the goods, including IT software and hardware, were produced in the USA. • Cost Principles: Grantee cannot use grant funds to replace routine and/or existing staff or expenditures. Must comply with 2 CFR Part 200 Subpart E. • Income: Any income generated with this grant must be accounted for and applied to project purposes or used to reduce project costs. • Lobbying/Political Activity: Because this grant uses federal funds, no work being funded by this grant can be used to lobby or otherwise influence state or federal officials, or support or oppose legislation; there is an allowance for "customary state practice." • Records Maintenance: Maintain records pertaining to this agreement for 6 years after expiration Other Requirements: • Promotional Item Purchase Restrictions: No promotional items can be purchased with these grant funds. • Single Audit Requirements: Required of an entity that expends $750,000 or more annually of federal funds, federal grants, or federal awards; usually performed annually. By checking this box and typing your name below, you certify that you agree to fully comply with the terms and conditions set forth in the Agreement, as well as the requirements listed in this document. Typing your name below constitutes your electronic signature on this document. ❑ I Agree (Name, Agency, Title) (Date) Page 130 of 261 Page 2 of 2 Back to Agenda City of Port Orchard Council Meeting Minutes Regular Meeting of September 12, 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 City Clerk as follows: Mayor Pro-Tem Trenary Present Councilmember Chang Present Councilmember Clauson Present Councilmember Cucciardi Present Councilmember Diener Present Councilmember Lucarelli Present Councilmember Rosapepe Present Mayor Putaansuu Present Staff present: Interim Public Works Director J. Brown, Finance Director Crocker, HR Director Lund, Community Development Director Bond, City Attorney Archer, HR Director Lund, Police Chief M. Brown, City Clerk Wallace, and Deputy City Clerk Floyd. The meeting streamed live on YouTube. A. PLEDGE OF ALLEGIANCE (Time Stamp 00:32) Mayor Putaansuu led the audience and Council in the Pledge of Allegiance. 2. APPROVAL OF AGENDA (Time Stamp: 00:54) MOTION: By Councilmember Cucciardi, seconded by Councilmember Clauson, to remove Consent Agenda 4J, Adoption of a Resolution Approving an Amended Memorandum of Understanding with the Port of Bremerton for Waterfront Parking, as more edits need to be made. The motion carried. MOTION: By Councilmember Clauson, seconded by Councilmember Trenary, to approve the agenda as amended. The motion carried. 3. CITIZENS COMMENTS (Time Stamp: 02:16) Page 131 of 261 Back to Agenda There were no citizen comments. 4. CONSENT AGENDA (Time Stamp: 03:11) A. Approval of Voucher Nos. 86454 through 86500 and 86509 through 86554 and 86559 through 86635 including bank drafts in the amount of $1,748,831.66 and EFT's in the amount of $938,236.71 totaling $2,687,068.37. B. Approval of Payroll Check Nos. 86501 through 86508 and 86555 through 86558 including bank drafts and EFT's in the amount of $410,043.57 and Direct Deposits in the amount of $473,532.95 totaling $883,576.52. C. Adoption of a Resolution Declaring Certain Personal Property as Surplus and Authorizing its Disposition Thereof (Resolution No. 086-23) D. Adoption of a Resolution Supporting the DWSRF 2023 Pre -Construction Loan Application for the Improvement of Well No. 7 (Resolution No. 087-23) E. Adoption of a Resolution Approving Agreements in Lieu of Assessment with Frederick Stephens for Water and Sewer Connections (Resolution No. 088-23 and Contract Nos. 069-23 and 071-23) F. Adoption of a Resolution Authorizing Contracts with Newalen LLC and Global Diving and Salvage Services for Derelict Vessel Removal and Acceptance of Department of Natural Resources Reimbursement through the Derelicts Vessel Removal Program (Resolution No. 089-23 and Purchase Order No. 071-23) G. Approval of Amendment No. 1 to Contract No. 001-17 with the Doctor's Clinic for Employment Related Medical Services H. Adoption of a Resolution Approving the Purchase of an Elgin Broom Bear Sweeper from the Equipment Rental Revolving Fund 500 (Resolution No. 090-23 and Purchase Order No. 073-23) I. Acceptance of a Grant from Kitsap Bank for the Festival of Chimes and Lights Event of BFemeFten fee WateFfFent PaFking K. Adoption of a Resolution Adopting Operating Policy Related to Employee Information Exemption from Public Records (Resolution No. 091-23) L. Approval of Amendment No. 3 to Contract No. 094-21 with West Coast Code Consultants (WC-3) for Building/Fire Code Plan Review and Inspection Services MOTION: By Councilmember Clauson, seconded by Councilmember Diener, to approve the Consent Agenda as amended. The motion moved. A. Association of Washington Cities-AWC (Time Stamp 03:39) Deanna Dawson, CEO of AWC, provided a presentation which included information about AWC, related corporations, involvement of Port Orchard, the AWC Board, strategic goals, Executive Committee, mission, Statement of Policy, advocacy, training and networking, Certificate of Municipal Leadership, resources, ways to get involved, engagement, and upcoming training. September 12, 2023, City Council Meeting Minutes Page 2of6 Page 132 of 261 Back to Agenda B. Introducing OneKitsap-KEDA (Time Stamp 26:47) Joe Morrison and Erin Leedham spoke about OneKitsap-KEDA including what it is, how we arrived and where we are going. C. Stormwater Comp Plan (Time Stamp 41:42) Matt Fontaine with Hererra Environmental Consultants, Inc. and Tage Aaker with FCS Group showed a video 'City of Port Orchard Stormwater and Watersheds Comprehensive Plan' which is about providing stormwater infrastructure to serve the existing and future community members and at the same time, protect environmental resources. 5. PUBLIC HEARING A. Public Hearing on Vacating City Right-of-ways, a Portion of an Alley off of Taylor Street and a Portion of Austin Avene Between Taylor Street and Smith Street; a Portion of Sweany Street off of Sidney Avenue and Most of the Alley Between Tayor Street and Divisions Street; and a Portion of an Alley off of Cline Street Between Sweany Street and Taylor Street (Time Stamp: 1:04:49) Mayor Putaansuu opened the public hearing at 7:41 p.m. John Lackey voiced his concerns with the street vacation and asked the City to consider adding these conditions if it is approved; Kitsap County shall not be exempt from City land use rules and development standards; Kitsap County shall remove or render habitable all derelict homes they own in the City of Port Orchard; the project shall not create narrow dead-end streets or alleys that will create a safety hazard for pedestrians, drivers, and residents; and consider the option of extending the alley in-between Sidney and Austin east toward Sidney to eliminate an unsafe dead-end. There being no more testimony, Mayor Putaansuu closed the public hearing at 7:46 p.m. 6. BUSINESS ITEMS A. Adoption of an Ordinance Amending the 2023-2024 Biennial Budget & Salary Table (Time Stamp 1:16:20) MOTION: By Councilmember Diener, seconded by Councilmember Clauson, to adopt an ordinance amending the 2023-2024 Biennial Budget, as adopted by Ordinance No. 046-22 and amended Ordinance No. 018-23. The motion carried. (Ordinance No. 022-23) B. Adoption of a Resolution Approving Mayoral Appointments to the Lodging Tax Advisory Committee (Time Stamp: 1:24:33) September 12, 2023, City Council Meeting Minutes Page 3of6 Page 133 of 261 Back to Agenda MOTION: By Councilmember Cucciardi, seconded by Councilmember Trenary, to adopt a resolution confirming the Mayor's appointment of a representative from Mrs. Howes Bed and Breakfast and Smitty's Coop, LLC, as businesses required to collect the tax and Port Orchard Bay Street Association and South Kitsap Chamber of Commerce as organizations involved in activities, to serve on the Lodging Tax Advisory Committee; and to re -confirm the appointment of Councilmember Cucciardi as Chair of the committee. The motion carried. (Resolution No. 092-23) C. Adoption of a Resolution Confirming Appointment of a Public Works Director (Time Stamp 1:28:08) MOTION: By Councilmember Diener, seconded by Councilmember Lucarelli, to adopt a resolution confirming the Mayor's appointment of Denis Ryan to the position of Public Works Director. Mr. Ryan introduced himself and said he is grateful and honored to serve the City of Port Orchard. The motion carried. (Resolution No. 093-23) D. Approval of the August 8, 2023, City Council Meeting Minutes (Time Stamp 1:31:38) MOTION: By Councilmember Lucarelli, seconded by Councilmember Clauson, to approve the minutes of August 81" as presented. The motion moved. Councilmembers Diener and Cucciardi abstained. 7. DISCUSSION ITEMS (No Action to be Taken) There were no discussion items. 8. REPORTS OF COUNCIL COMMITTEES (Time Stamp: 1:32:22) Councilmember Lucarelli reported on the September 12th Utilities Committee meeting. The next meeting is scheduled for November 141n Mayor Putaansuu reported the Finance Committee is scheduled to meet in October. The Transportation Committee is scheduled to meet September 261h. The Festival of Chimes and Lights Committee is scheduled to meet September 181". The Land Use Committee is scheduled to meet October 4t". The Sewer Advisory Committee is scheduled to meet October 41n September 12, 2023, City Council Meeting Minutes Page 4of6 Page 134 of 261 Back to Agenda Council member Cucciardi reported on an updated lodging tax tool that will benefit City staff and help manage the process. Also, the Lodging Tax Advisory Committee is scheduled to meet sometime in October. 9. REPORT OF MAYOR (Time Stamp 1:38:26) The Mayor reported on the following: • Update on splash pad. • 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 Police Records/Evidence Specialist and the Stormwater Coordinator. • Reported on YouTube analytics. • Reported on documents that staff is archiving which changed the City from a fourth class to a third class City. • Exit conference with State Auditor's office. This is the 3rd straight year of a clean audit. 10. REPORT OF DEPARTMENT HEADS (Time Stamp 1:42:40) Interim Public Works Director Brown reported on the Foster Pilot Project, Asset Management Tracking Program bids, an audit on the McCormick Woods Drinking Water System, and examination of Well No. 11 funding. Mayor Putaansuu reported on the construction at the top of the clock tower and the weathervane at City Hall. Finance Director Crocker reported on the clean audit and how City staff contributed, and City Hall bonds. Community Development Director Bond reported on a presentation he attended regarding homelessness, a proposed medical facility on Sedgwick Road, and a meeting is scheduled with Home Depot for the Bethel Road site. Police Chief Brown reported on current staffing. City Clerk Wallace reported on the new online process for lodging tax which streamlines the process for staff and organizations. HR Director Lund reported on the Employee Inclusion Commission. 11. CITIZEN COMMENTS (Time Stamp 2:00:44) David Cruz, Holly Cruz, and Andrea Jansen voiced their concerns about a new business, Aphrodesia Boutique. September 12, 2023, City Council Meeting Minutes Page 5 of 6 Page 135 of 261 Back to Agenda Dave Kimball spoke about the redwood tree on Mitchell and Taylor. He also voiced his concerns with Aphrodesia Boutique. 12. GOOD OF THE ORDER (Time Stamp 2:08:07) Councilmember Clauson shared the news about the passing of Dick Vlist. Councilmember Lucarelli spoke about City staff participating at the Farmers Market the past weekend to talk about changes to the Comprehensive Plan to the public and answer any questions. Mayor Putaansuu briefly spoke about City staff attending the Farmers Market the last three weekends. 13. EXECUTIVE SESSION There was no executive session. 14. ADJOURNMENT The meeting adjourned at 8:40 p.m. No other action was taken. Audio/Visual was successful. Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor September 12, 2023, City Council Meeting Minutes Page 6 of 6 Page 136 of 261 Back to Agenda CITY OF PORT ORCHARD 2024 LEGISLATIVE AGENDA DEVELOPMENT Page 137 of 261 Back to Agenda Overview of 2023 Outcomes What to Expect in 2024 Overview of Agenda Setting Process and Policy Document Discussion Page 138 of 261 Back to Agenda Foster Pilot Program — bill did not advance; City working on independent solution. Delegation prepared to help Vehicular Pursuits — SB 5352 Public Records Reform —AWC pursuing bill in 2024 session for vexatious litigants Housing Mandates/Local Control — HB 1110, middle housing, HB 1337,ADUs Sedgwick Roundabouts — little opportunity in Transportation budget ALEA Grant for Community Events Center Waterfront Enhancement - $500,000 Port of Bremerton Marina Breakwater - $ I million Homelessness, SUD, Mental Health — significant budget investments made Page 139 of 261 Back to Agenda • Less opportunity for significant capital and operating investments • The 2023-25 Capital Budget left just $127 Million in bond capacity for 2024 (=$2.6M per LD) • The 2023-35 Transportation Budget focused on implementing Move Ahead WA and existing projects • New Senate Operating budget lead with Sen. Rolfes resignation • New House Minority Leader and Deputy Minority Leader • Governor race • Other Statewide Offices (Attorney General, Insurance & Lands Commissioner) • Any bill introduced, but did not pass, in the 2023 session will be eligible for reconsideration + any new proposals • Returning items from 2023 agenda Page 140 of 261 Back to Agenda M � Supplemental "short" sessions are best for continuing priorities or emergent items Funding requests: Legislature likes to be "last dollar in" Most successful budget requests have buy -in from the delegation Require detailed information like pictures, maps and project budget Policy items: Does the City have a unique story to tell? Ex: Foster Pilot Are we adding to or differentiating from the efforts of other partners? Coordinate with delegation well in advance of session Page 141 of 261 Back to Agenda Public safety — officer recruitment and retention Public safety sales tax — councilmanic authority and flexibility Infrastructure investment Local transportation needs Behavioral health Revise the property tax cap Housing: Transit -oriented development REET 3 local option Page 142 of 261 Back to Agenda Sedgwick Roundabouts Port Orchard Community Events Center Prime request for construction funds in 2025 legislative session Bay Street Sea Level Rise — Resilience Funding Foster Pilot Program/Municipal Water Rights Vehicular Pursuits Amend statute to include vehicular theft Police Training Academy Funding for additional academy sites or classes offered locally Funding for Substance Use Disorder Treatment — Blake Page 143 of 261 Back to Agenda • Begin to brainstorm possible 2024 needs • Draft 2024 Legislative Agenda • Meet with delegation members to discuss possible priorities and ensure alignment • Develop final proposed priorities • City Council adopts priorities QUESTIONS? I I 11 Back to Agenda i E INYI l- 'Mai 40 -"Illus NNW 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 Meeting Date: September 26, 2023 Subject: Adoption of an Ordinance Prepared by: Noah D. Crocker Delegating Bond Authorization Finance Director Atty Routing No: N/A Atty Review Date: N/A Summary: The City Council adopted Resolution 059-23 on June 13, 2023 awarding contract C048-23 for construction improvements to the City Hall facility (including replacement of siding and windows, improvements to the HVAC system, minor interior renovations, and the acquisition and installation of solar power equipment and other related capital improvements and public amenities, all as deemed necessary and advisable by the City. The City Council adopted Resolution 065-23 on June 27, 2023 declaring its intent to be reimbursed from a future borrowing for capital expenditures in connection with the City Hall Construction Project. The City Council adopted Ordinance 018-23 on June 27, 2023 amending the 2023-2024 biennial budget to provide funding for contract C048-23 and to cashflow the City Hall Construction project until the future borrowing could be secured. The Ordinance being presented provides for the delegation of authority to issue bonds. • The Ordinance authorizes the Mayor and/or Finance Director to proceed with finalizing the bond issuance within certain parameters set out in the Ordinance. Finance expects to close the financing for the project before the end of 2023. However, the delegation expires after one year, in case additional time is needed due to bond market conditions or other factors. • The bonds will be "limited tax general obligation" bonds. This means that they are issued within the City's non -voted debt limitation and will be backed by the City's full faith and credit. Finance expects to use several general fund resources to repay the bonds, which will be reflected in annual budget appropriations for debt service. • The maximum amount that may be issued is not more than $11,120,000. Finance expects that the final par amount of the bonds will be less than this, but the higher amount allows for adjustments for pricing the bonds based on market conditions. It Page 146 of 261 Back to Agenda Business Item 7A Page 2 of 2 targets a deposit of money to the project fund of approximately $11 million, plus an estimated cushion sufficient to pay costs of issuing the bonds, such as payment to the underwriter, bond counsel, and rating agency, as well as costs of printing and posting disclosure documents and other related administrative expenses. • The Ordinance limits the borrowing cost. Interest rates will be determined on the "pricing" date, based on bond market conditions on that date. If the true interest cost available on that date exceeds 6.0%, the finance department may not proceed without seeking additional authorization from the City Council. Based on today's market conditions, finance would expect an interest rate just under 4.5%. However, the actual rates and true interest cost will be determined based on market conditions on the pricing date. • The maximum term of the financing will be 20 years. The finance team expects to reserve the City's right to refinance at lower rates after 10 years, The Ordinance assigns to the Finance Department certain administrative responsibilities. After issuing the bonds, the City will have a responsibility to monitor ongoing compliance with federal tax and securities laws after the Bonds are issued until they are fully repaid. Recommendation: The Finance Director recommends adoption of an Ordinance authorizing the Mayor and Finance Director to Finalize the issuance of the bonds. Relationship to Comprehensive Plan: Facility Plan Motion for consideration: I move to adopt an Ordinance authorizing the Mayor and Finance Director to Finalize the issuance of the bonds as identified in the Ordinance. Fiscal Impact:—$840,000/per year of debt service payments Alternatives: Do not authorize and provide alternative guidance Attachments: Ordinance Page 147 of 261 Back to Agenda CITY OF PORT ORCHARD, WASHINGTON ORDINANCE NO. AN ORDINANCE of the City of Port Orchard, Washington, relating to contracting indebtedness; providing for the issuance, sale and delivery of not to exceed $11,120,000 aggregate principal amount of limited tax general obligation bonds to provide funds (i) to pay for a portion of the costs of certain improvements to the existing City Hall building and other capital improvements, and (ii) to pay the costs of issuance and sale of the bonds; fixing or setting parameters with respect to certain terms and covenants of the bonds; appointing the City's designated representative to approve the final terms of the sale of the bonds; and providing for other related matters. Passed , 2023 This document prepared by STRADLING YOCCA CARLSON & RAUTH, PC Seattle, Washington (206) 829-3000 Page 148 of 261 4866-8690-2619 V 5/200681-0003 Back to Agenda TABLE OF CONTENTS* Page Section1. Definitions............................................................................................................... 1 Section 2. Findings and Determinations.................................................................................. 4 Section 3. Authorization of Bonds........................................................................................... 5 Section 4. Description of Bonds; Appointment of Designated Representative ....................... 5 Section 5. Bond Registrar; Registration and Transfer of Bonds .............................................. 5 Section 6. Form and Execution of Bonds................................................................................ 6 Section7. Payment of Bonds................................................................................................... 7 Section 8. Funds and Accounts; Deposit of Proceeds.............................................................. 7 Section 9. Redemption Provisions and Purchase of Bonds ..................................................... 8 Section10. Failure To Pay Bonds.............................................................................................. 9 Section11. Pledge of Taxes....................................................................................................... 9 Section 12. Tax Covenants; Designation of Bonds as "Qualified Tax Exempt Obligations."........................................................................................................... 9 Section 13. Refunding or Defeasance of the Bonds................................................................ 10 Section 14. Sale and Delivery of the Bonds............................................................................ 11 Section 15. Official Statement; Continuing Disclosure........................................................... 1 1 Section 16. Supplemental and Amendatory Ordinances.......................................................... 12 Section 17. General Authorization and Ratification................................................................ 12 Section18. Severability........................................................................................................... 12 Section 19. Effective Date of Ordinance................................................................................. 13 Exhibit A Parameters for Sale Terms Exhibit B Form of Undertaking to Provide Continuing Disclosure *The coverpage, table of contents and section headings of this ordinance are for convenience of reference only, and shall not be used to resolve any question of interpretation of this ordinance. Page 149 of 261 4866-8690-2619 V 5/200681-0003 Back to Agenda CITY OF PORT ORCHARD, WASHINGTON ORDINANCE NO. AN ORDINANCE of the City of Port Orchard, Washington, relating to contracting indebtedness; providing for the issuance, sale and delivery of not to exceed $11,120,000 aggregate principal amount of limited tax general obligation bonds to provide funds (i) to pay for a portion of the costs of certain improvements to the existing City Hall building and other capital improvements, and (ii) to pay the costs of issuance and sale of the bonds; fixing or setting parameters with respect to certain terms and covenants of the bonds; appointing the City's designated representative to approve the final terms of the sale of the bonds; and providing for other related matters. THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Definitions. As used in this ordinance, the following capitalized terms shall have the following meanings: (a) "Authorized Denomination" means $5,000 or any integral multiple thereof within a maturity of a Series. (b) "Beneficial Owner" means, with respect to a Bond, the owner of any beneficial interest in that Bond. (c) "Bond" means each bond issued pursuant to and for the purposes provided in this ordinance. (d) "Bond Counsel" means the firm of Stradling Yocca Carlson & Rauth, a Professional Corporation, its successor, or any other attorney or firm of attorneys selected by the City with a nationally recognized standing as bond counsel in the field of municipal finance. (e) "Bond Fund" means the Limited Tax General Obligation Bond Fund, of the City created for the payment of the principal of and interest on the Bonds and other general obligation bonds of the City. (f) "Bond Purchase Agreement" means an offer to purchase a Series of the Bonds, setting forth certain terms and conditions of the issuance, sale and delivery of those Bonds, which offer is authorized to be accepted by the Designated Representative on behalf of the City, if consistent with this ordinance. (g) "Bond Register" means the books or records maintained by the Bond Registrar for the purpose of identifying ownership of each Bond. (h) "Bond Registrar" means the Fiscal Agent, or any successor bond registrar selected by the City. Page td(�of 261 4866-8690-2619 V 5/200681-0003 Back to Agenda (i) "Book -Entry Form" means a fully registered form in which physical bond certificates are registered only in the name of the Securities Depository (or its nominee), as Registered Owner, with the physical bond certificates held by and immobilized in the custody of the Securities Depository (or its designee), where the system for recording and identifying the transfer of the ownership interests of the Beneficial Owners in those Bonds is neither maintained by nor the responsibility of the City or the Bond Registrar. 0) "City" means the City of Port Orchard, Washington, a municipal corporation duly organized and existing under the laws of the State. (k) "City Council" means the legislative authority of the City, as duly and regularly constituted from time to time. (1) "Code" means the United States Internal Revenue Code of 1986, as amended, and applicable rules and regulations promulgated thereunder. (m) "DTC" means The Depository Trust Company, New York, New York, or its nominee. (n) "Designated Representative" means the officer or officers of the City appointed in Section 4 of this ordinance to serve as the City's designated representative in accordance with RCW 39.46.040(2). (o) "Finance Officer" means the City Treasurer, or such other officer of the City who succeeds to substantially all of the responsibilities of that office, or his or her designee. (p) "Fiscal Agent" means the fiscal agent of the State, as the same may be designated by the State from time to time. (q) "Government Obligations" has the meaning given in RCW 39.53.010, as now in effect or as may hereafter be amended. (r) "Issue Date" means, with respect to a Bond, the date of initial issuance and delivery of that Bond to the Purchaser in exchange for the purchase price of that Bond. (s) "Letter of Representations" means the Blanket Issuer Letter of Representations between the City and DTC, authorized to be executed in connection with the issuance and sale of the Bonds authorized herein, and any successor or substitute letter relating to the operational procedures of the Securities Depository. (t) "MSRB" means the Municipal Securities Rulemaking Board. (u) "Official Statement" means an offering document, disclosure document, private placement memorandum or substantially similar disclosure document provided to purchasers and potential purchasers in connection with the initial offering of a Series of the Bonds in conformance with Rule 15c2-12 or other applicable regulations of the SEC. Page 4a1-of 261 4866-8690-2619 V 5/200681-0003 Back to Agenda (v) "Owner" means, without distinction, the Registered Owner and the Beneficial Owner. (w) "Project" includes improvements to the City Hall facility (including replacement of siding and windows, improvements to the HVAC system, minor interior renovations, and the acquisition and installation of solar power equipment) and other related capital improvements and public amenities, all as deemed necessary and advisable by the City. Incidental costs incurred in connection with carrying out and accomplishing the Project, consistent with RCW 39.46.070, may be included as costs of the Project. (x) "Project Fund" means the fund or account of the City designated by the Finance Officer to be used for the purpose of carrying out the Project. (y) "Purchaser" means D.A. Davidson & Co. of Seattle, Washington or such other corporation, firm, association, partnership, trust, bank, financial institution or other legal entity or group of entities selected by the Designated Representative to serve as purchaser in a private placement, or underwriter in a negotiated sale. (z) "Rating Agency" means any nationally recognized rating agency then maintaining a rating on the Bonds at the request of the City. (aa) "Record Date" means the Bond Registrar's close of business on the 15th day of the month preceding an interest payment date. With respect to redemption of a Bond prior to its maturity, the Record Date shall mean the Bond Registrar's close of business on the date on which the Bond Registrar sends the notice of redemption in accordance with Section 9. (bb) "Registered Owner" means, with respect to a Bond, the person in whose name that Bond is registered on the Bond Register. For so long as the City utilizes the book -entry only system for the Bonds under the Letter of Representations, Registered Owner shall mean the Securities Depository. (cc) "Rule I5c2-12" means Rule 15c2-12 promulgated by the SEC under the Securities Exchange Act of 1934, as amended. (dd) "SEC"' means the United States Securities and Exchange Commission. (ee) "Sale Terms" means the terms and conditions for the sale of a Series of the Bonds including the amount, date or dates, denominations, interest rate or rates (or mechanism for determining interest rate or rates), payment dates, final maturity, redemption rights, price, and other terms or covenants. (ff) "Securities Depository" means DTC, any successor thereto, any substitute securities depository selected by the City, or the nominee of any of the foregoing. Any successor or substitute Securities Depository must be qualified under applicable laws and regulations to provide the services proposed to be provided by it. (gg) "Series of the Bonds" or "Series" means a series of the Bonds issued pursuant to this ordinance. Page ta2-of 261 4866-8690-2619 V 5/200681-0003 Back to Agenda (hh) "State" means the State of Washington. (ii) "System of Registration" means the system of registration for the City's bonds and other obligations set forth in Ordinance No. 1732 of the City. 0j) "Term Bond" means each Bond designated as a Term Bond and subject to mandatory redemption in the years and amounts set forth in the Bond Purchase Agreement. (kk) "Undertaking" means the undertaking to provide continuing disclosure entered into pursuant to Section 15 of this ordinance. Section 2. Findings and Determinations. The City takes note of the following facts and makes the following findings and determinations: (a) Authority and Description of Project. In accordance with RCW 35A.11010 and other applicable law, the City is authorized to undertake the improvements to City Hall comprising the Project. The City is in need of funds to carry out the Project and the City Council finds that it is in the best interests of the City to issue the bonds authorized herein in order to finance the Project. (b) Plan of Financing. Pursuant to applicable law, including without limitation chapters 35.37, 35A.40, 39.36, 39.44, and 39.46 RCW, the City is authorized to issue general obligation bonds for the purpose of financing the Project, which is a municipal purpose. The total expected cost of the Project is approximately $11,120,000 million, which is expected to be made up of proceeds of the Bonds and other available money of the City, which may include state or federal loans and/or grants, if available. (c) Debt Capacity. The maximum amount of indebtedness authorized by this ordinance is $11,120,000. Based on the following facts, as of the date of this ordinance, the amount authorized herein is to be issued within the amount permitted to be issued by the City for general municipal purposes without a vote: (1) The assessed valuation of the taxable property within the City as ascertained by the last preceding assessment for City purposes (i.e., the assessed valuation for property taxes collected in the calendar year 2023) is $3,042,683,290. (2) The City has limited tax general obligation indebtedness, consisting of bonds and state loans outstanding in the principal amount of $3,740,000, which is incurred within the limit of up to 1'/2% of the value of the taxable property within the City permitted for general municipal purposes without a vote. (3) The City has no voter -approved unlimited tax general obligation indebtedness outstanding for general municipal purposes; for City -owned water, artificial light, and sewers; or for acquiring or developing open space, park facilities, and capital facilities associated with economic development. Page 1g-of 261 4866-8690-2619 V 5/200681-0003 Back to Agenda (d) The Bonds. For the purpose of providing the funds necessary to carry out the Project and to pay the costs of issuance and sale of the Bonds, the City Council finds that it is in the best interests of the City and its taxpayers to issue and sell the Bonds to the Purchaser, pursuant to the terms set forth in the Bond Purchase Agreement as approved by the City's Designated Representative consistent with this ordinance. Section 3. Authorization of Bonds. The City is authorized to borrow money on the credit of the City and issue negotiable limited tax general obligation bonds evidencing indebtedness in one or more Series in aggregate principal amount not to exceed $11,120,000 to provide funds necessary to carry out the Project and to pay the costs of issuance and sale of the Bonds (including, without limitation, the costs of a bond insurance premium or other credit enhancement, if any). The proceeds of the Bonds allocated to paying the cost of the Project shall be deposited as set forth in Section 8 of this ordinance and shall be used to carry out the Project, or a portion of the Project, in such order of time as the City determines is advisable and practicable. Section 4. Description of Bonds; Appointment of Designated Representative. The Finance Officer and the Mayor are each independently appointed and authorized to act as the Designated Representative of the City for purposes of this ordinance, to conduct the sale of the Bonds in the manner and upon the terms deemed most advantageous to the City, and to approve the Sale Terms of each Series of the Bonds, with such additional terms and covenants as the Designated Representative deems advisable, within the parameters set forth in Exhibit A, which is attached to this ordinance and incorporated by this reference. Section 5. Bond Registrar; Registration and Transfer of Bonds. (a) Registration of Bonds. Each Bond shall be issued only in registered form as to both principal and interest and the ownership of each Bond shall be recorded on the Bond Register. (b) Bond Registrar; Duties. Unless otherwise determined by the Finance Officer in the Bond Purchase Agreement, the Fiscal Agent shall be appointed as initial Bond Registrar. The Bond Registrar shall keep, or cause to be kept, sufficient books for the registration and transfer of the Bonds, which shall be open to inspection by the City at all times. The Bond Registrar is authorized, on behalf of the City, to authenticate and deliver Bonds transferred or exchanged in accordance with the provisions of the Bonds and this ordinance, to serve as the City's paying agent for the Bonds and to carry out all of the Bond Registrar's powers and duties under this ordinance and the System of Registration. The Bond Registrar shall be responsible for its representations contained in the Bond Registrar's Certificate of Authentication on each Bond. The Bond Registrar may become an Owner with the same rights it would have if it were not the Bond Registrar and, to the extent permitted by law, may act as depository for and permit any of its officers or directors to act as members of, or in any other capacity with respect to, any committee formed to protect the rights of Owners. (c) Bond Register; Transfer and Exchange. The Bond Register shall contain the name and mailing address of each Registered Owner and the principal amount and number of each Bond held by each Registered Owner. A Bond surrendered to the Bond Registrar may be Page 4!5kof 261 4866-8690-2619 V 5/200681-0003 Back to Agenda exchanged for a Bond or Bonds in any Authorized Denomination of an equal aggregate principal amount and of the same Series, interest rate and maturity. A Bond may be transferred only if endorsed in the manner provided thereon and surrendered to the Bond Registrar. Any exchange or transfer shall be without cost to the Owner or transferee. The Bond Registrar shall not be obligated to exchange any Bond or transfer registered ownership during the period between the applicable Record Date and the next upcoming interest payment or redemption date. (d) Securities Depository; Book -Entry Only Form. Unless otherwise determined by the City's Designated Representative, the Bonds initially shall be issued and held fully immobilized in Book -Entry Form by the Securities Depository in accordance with the provisions of the Letter of Representations. Neither the City nor the Bond Registrar shall have any responsibility or obligation to participants of the Securities Depository or the persons for whom they act as nominees with respect to the Bonds regarding the accuracy of any records maintained by the Securities Depository or its participants of any amount in respect of principal of or interest on the Bonds, or any notice which is permitted or required to be given to Registered Owners hereunder (except such notice as is required to be given by the Bond Registrar to the Securities Depository). Registered ownership of a Bond initially held in Book -Entry Form, or any portion thereof, may not be transferred except: (i) to any successor Securities Depository; (ii) to any substitute Securities Depository appointed by the City or such substitute Securities Depository's successor; or (iii) to any person if the Bond is no longer held in Book -Entry Form. If the Securities Depository resigns from its functions as depository, or upon a determination by the Finance Director to discontinue utilizing the then -current Securities Depository, the Finance Director may appoint a substitute Securities Depository. If the Securities Depository resigns from its functions as depository and no substitute Securities Depository can be obtained, or if the Finance Director determines not to utilize a Securities Depository, then the Bonds shall no longer be held in Book -Entry Form and ownership may be transferred only as provided herein. (e) Nothing in this ordinance shall prevent the Bond Sale Terms from providing that a Series of the Bonds shall be issued in certificated form without utilizing a Securities Depository, and that the Bonds of such Series shall be registered as of their Issue Date in the names of the Owners thereof, in which case ownership may be transferred only as provided in subsection (c), above. (f) DTC Eligibility. To induce DTC to accept bonds issued by the City as eligible for deposit at DTC, the City approves the form of DTC's Blanket Issuer Letter of Representations (as it may be amended from time to time, the "Letter of Representations"), a copy of which is on file with the Finance Officer, and authorizes the Designated Representative to execute the Letter of Representations and to take all other acts necessary to ensure that the City's bonds are DTC eligible. Section 6. Form and Execution of Bonds. (a) Form of Bonds; Signatures and Seal. Each Bond shall be prepared in a form consistent with the provisions of this ordinance and State law. Each Bond shall be signed by the Mayor and the City Clerk, either or both of whose signatures may be manual or in facsimile, and Page 4fi�of 261 4866-8690-2619 V 5/200681-0003 Back to Agenda the seal of the City or a facsimile reproduction thereof shall be impressed or printed thereon. If any officer whose manual or facsimile signature appears on a Bond ceases to be an officer of the City authorized to sign bonds before the Bond bearing his or her manual or facsimile signature is authenticated by the Bond Registrar, or issued or delivered by the City, that Bond nevertheless may be authenticated, issued and delivered and, when authenticated, issued and delivered, shall be as binding on the City as though that person had continued to be an officer of the City authorized to sign bonds. Any Bond also may be signed on behalf of the City by any person who, on the actual date of signing of the Bond, is an officer of the City authorized to sign bonds, although he or she did not hold the required office on its Issue Date. (b) Authentication. Only a Bond bearing a Certificate of Authentication in substantially the following form, manually signed by the Bond Registrar, shall be valid or obligatory for any purpose or entitled to the benefits of this ordinance: "Certificate Of Authentication. This Bond is one of the fully registered City of Port Orchard, Washington, Limited Tax General Obligation Bonds, 2023, described in the Bond Ordinance." The authorized signing of a Certificate of Authentication shall be conclusive evidence that the Bond so authenticated has been duly executed, authenticated and delivered and is entitled to the benefits of this ordinance. Section 7. Payment of Bonds. Principal of and interest on each Bond shall be payable in lawful money of the United States of America. Principal of and interest on each Bond held in Book -Entry Form shall be payable in the manner set forth in the Letter of Representations. Interest on each Bond not held in Book -Entry Form shall be payable by electronic transfer on the interest payment date, or by check or draft of the Bond Registrar mailed on the interest payment date to the Registered Owner at the address appearing on the Bond Register on the Record Date. However, the City is not required to make electronic transfers except pursuant to a request by a Registered Owner in writing received on or prior to the Record Date and at the sole expense of the Registered Owner, unless otherwise specified in the Bond Sale Terms. Principal of each Bond not held in Book -Entry Form is payable upon presentation and surrender of the Bond by the Registered Owner to the Bond Registrar. The Bonds are not subject to acceleration under any circumstances. Section 8. Funds and Accounts, Deposit of Proceeds. (a) Bond Fund. The Bond Fund has been previously created as a special fund of the City for the sole purpose of paying principal of and interest on the Bonds and other general obligation bonds of the City. The principal of and interest on the Bonds shall be paid out of the Bond Fund. All amounts allocated to the payment of the principal of and interest on the Bonds shall be deposited in the Bond Fund as necessary for the timely payment of amounts due with respect to the Bonds. Until needed to pay principal of and interest on the Bonds, the City may invest money in the Bond Fund temporarily in any legal investment. Any investment earnings shall be retained in the Bond Fund and used for the purposes of that fund. Bond proceeds in excess of the amounts needed to pay the costs of the Project and the costs of issuance, if any, shall be deposited into the Bond Fund. (b) Project Fund. The Finance Officer shall designate one or more Project Funds to be used for the purposes of paying the costs of the Project. Proceeds received from the sale and Page 1.5b-of 261 4866-8690-2619 V 5/200681-0003 Back to Agenda delivery of the Bonds shall be deposited into the Project Fund and used to pay the costs of the Project and costs of issuance of the Bonds. Until needed to pay such costs, the City may invest those proceeds temporarily in any legal investment, and the investment earnings shall be retained in the Project Fund and used for the purposes of that fund, except that earnings subject to a federal tax or rebate requirement (if applicable) may be withdrawn from the Project Fund and used for those tax or rebate purposes. Section 9. Redemption Provisions and Purchase of Bonds. (a) Optional Redemption. The Bonds shall be subject to redemption at the option of the City on terms acceptable to the Designated Representative, as set forth in the Bond Purchase Agreement, consistent with the parameters set forth in Exhibit A. (b) Mandatory Redemption. Each Bond that is designated as a Term Bond in the Bond Purchase Agreement shall be called for redemption at a price equal to the stated principal amount to be redeemed, plus accrued interest, on the dates and in the amounts as set forth in the Bond Purchase Agreement. If a Term Bond is redeemed under the optional redemption provisions, defeased or purchased by the City and surrendered for cancellation, the principal amount of the Term Bond so redeemed, defeased or purchased (irrespective of its actual redemption or purchase price) shall be credited against one or more scheduled mandatory redemption installments for that Term Bond. The City shall determine the manner in which the credit is to be allocated and shall notify the Bond Registrar in writing of its allocation prior to the earliest mandatory redemption date for that Term Bond for which notice of redemption has not already been given. (c) Selection of Bonds for Redemption; Partial Redemption. If fewer than all of the outstanding Bonds are to be redeemed at the option of the City, the City shall select the Series and maturities to be redeemed. If fewer than all of the outstanding Bonds of a maturity of a Series are to be redeemed, the Securities Depository shall select Bonds registered in Book -Entry Form to be redeemed in accordance with the Letter of Representations, and the Bond Registrar shall select all other Bonds to be redeemed randomly in such manner as the Bond Registrar shall determine. All or a portion of the principal amount of any Bond that is to be redeemed may be redeemed in any Authorized Denomination. If less than all of the outstanding principal amount of any Bond is redeemed, upon surrender of that Bond to the Bond Registrar, there shall be issued to the Registered Owner, without charge, a new Bond (or Bonds, at the option of the Registered Owner) of the same Series, maturity and interest rate in any Authorized Denomination in the aggregate principal amount to remain outstanding. (d) Notice of Redemption. Notice of redemption of each Bond held in Book -Entry Form shall be given in accordance with the Letter of Representations. Notice of redemption of each other Bond, unless waived by the Registered Owner, shall be given by the Bond Registrar not less than 20 nor more than 60 days prior to the date fixed for redemption by first-class mail, postage prepaid, to the Registered Owner at the address appearing on the Bond Register on the Record Date. The requirements of the preceding sentence shall be satisfied when notice has been mailed as so provided, whether or not it is actually received by an Owner. In addition, the redemption notice shall be mailed or sent electronically within the same period to the MSRB (if required), to each Rating Agency, and to such other persons and with such additional information Page 4filof 261 4866-8690-2619 V 5/200681-0003 Back to Agenda as the Finance Officer shall determine, but these additional mailings shall not be a condition precedent to the redemption of any Bond. (e) Rescission of Optional Redemption Notice. In the case of an optional redemption, the notice of redemption may state that the City retains the right to rescind the redemption notice and the redemption by giving a notice of rescission to the affected Registered Owners at any time prior to the scheduled optional redemption date. Any notice of optional redemption that is so rescinded shall be of no effect, and each Bond for which a notice of optional redemption has been rescinded shall remain outstanding. (f) Effect of Redemption. Interest on each Bond called for redemption shall cease to accrue on the date fixed for redemption, unless either the notice of optional redemption is rescinded as set forth above, or money sufficient to effect such redemption is not on deposit in the Bond Fund or in a trust account established to refund or defease the Bond. (g) Purchase of Bonds. The City reserves the right to purchase any or all of the Bonds offered to the City at any time at any price acceptable to the City plus accrued interest to the date of purchase. Section 10. Failure To Pay Bonds. If the principal of any Bond is not paid when the Bond is properly presented at its maturity or date fixed for redemption, the City shall be obligated to pay interest on that Bond at the same rate provided in the Bond from and after its maturity or date fixed for redemption until that Bond, both principal and interest, is paid in full or until sufficient money for its payment in full is on deposit in the Bond Fund, or in a trust account established to refund or defease the Bond, and the Bond has been called for payment by giving notice of that call to the Registered Owner. Section 11. Pledge of Taxes. The Bonds constitute a general indebtedness of the City and are payable from tax revenues of the City and such other money as is lawfully available and pledged by the City for the payment of principal of and interest on the Bonds. For as long as any of the Bonds are outstanding, the City irrevocably pledges that it shall, in the manner provided by law within the constitutional and statutory limitations provided by law without the assent of the voters, include in its annual property tax levy amounts sufficient, together with other money that is lawfully available, to pay principal of and interest on the Bonds as the same become due. The full faith, credit and resources of the City are pledged irrevocably for the prompt payment of the principal of and interest on the Bonds and such pledge shall be enforceable in mandamus against the City. Section 12. Tax Covenants; Designation of Bonds as "Qualified Tax Exempt Obligations." (a) Preservation of Tax Exemption for Interest on Bonds. The City covenants that it will take all actions necessary to prevent interest on the Bonds from being included in gross income for federal income tax purposes, and it will neither take any action nor make or permit any use of proceeds of the Bonds or other funds of the City treated as proceeds of the Bonds that will cause interest on the Bonds to be included in gross income for federal income tax purposes. The City also covenants that it will, to the extent the arbitrage rebate requirements of Section 148 Page Ah-of 261 4866-8690-2619 V 5/200681-0003 Back to Agenda of the Code are applicable to the Bonds, take all actions necessary to comply (or to be treated as having complied) with those requirements in connection with the Bonds. (b) Post -Issuance Compliance. The Finance Officer is authorized to approve and implement the City's written procedures to facilitate compliance by the City with the covenants in this ordinance, the continuing disclosure undertaking (if any), and the applicable requirements of the Code that must be satisfied after the Issue Date to prevent interest on the Bonds from being included in gross income for federal tax purposes. (c) Designation of a Series of the Bonds as "Qualified Tax -Exempt Obligations." The Designated Representative may designate any Series of the Bonds as "qualified tax-exempt obligations" for the purposes of Section 265(b)(3) of the Code, if the following conditions are met: (1) the Series does not constitute "private activity bonds" within the meaning of Section 141 of the Code; (2) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds and other obligations not required to be included in such calculation) that the City and any entity subordinate to the City (including any entity that the City controls, that derives its authority to issue tax-exempt obligations from the City, or that issues tax-exempt obligations on behalf of the City) will issue during the calendar year in which the Series is issued will not exceed $10,000,000; and (3) the amount of tax-exempt obligations, including the Series, designated by the City as "qualified tax-exempt obligations" for the purposes of Section 265(b)(3) of the Code during the calendar year in which the Series is issued does not exceed $10,000,000. Section 13. Refunding or Defeasance of the Bonds. The City may issue refunding bonds pursuant to State law or use money available from any other lawful source to carry out a refunding or defeasance plan, which may include (a) paying when due the principal of and interest on any or all of the Bonds (the "defeased Bonds"); (b) redeeming the defeased Bonds prior to their maturity; and (c) paying the costs of the refunding or defeasance. If the City sets aside in a special trust fund or escrow account irrevocably pledged to that redemption or defeasance (the "trust account"), money and/or Government Obligations maturing at a time or times and bearing interest in amounts sufficient to redeem, refund or defease the defeased Bonds in accordance with their terms, then all right and interest of the Owners of the defeased Bonds in the covenants of this ordinance and in the funds and accounts obligated to the payment of the defeased Bonds shall cease and become void. Thereafter, the Owners of defeased Bonds shall have the right to receive payment of the principal of and interest on the defeased Bonds solely from the trust account and the defeased Bonds shall be deemed no longer outstanding. In that event, the City may apply money remaining in any fund or account (other than the trust account) established for the payment or redemption of the defeased Bonds to any lawful purpose. Page-40-of 261 4866-8690-2619 V 5/200681-0003 Back to Agenda Unless otherwise specified by the City in a refunding or defeasance plan, notice of refunding or defeasance shall be given, and selection of Bonds for any partial refunding or defeasance shall be conducted, in the manner prescribed in this ordinance for the redemption of Bonds. Section 14. Sale and Delivery of the Bonds. (a) Manner of Sale of Bonds; Delivery of Bonds. The Designated Representative is authorized to sell each Series of the Bonds by negotiated sale or private placement, based on the assessment of the Designated Representative of market conditions, in consultation with appropriate City officials and staff, Bond Counsel and other advisors. In determining the method of sale of a Series and accepting the Sale Terms for that Series, the Designated Representative shall take into account, among other considerations, those factors that, in the judgment of the Designated Representative, may be expected to result in the lowest true interest cost to the City. (b) Procedure for Negotiated Sale or Private Placement. If the Designated Representative determines that a Series of the Bonds is to be sold by negotiated sale or private placement, the Designated Representative shall select one or more Purchasers with which to negotiate such sale. The Bond Purchase Agreement for each Series of the Bonds shall set forth the Sale Terms for that Series. The Designated Representative is authorized to execute a Bond Purchase Agreement for each Series of the Bonds on behalf of the City, so long as the terms provided therein are consistent with the terms of this ordinance. (c) Preparation, Execution and Delivery of the Bonds. Each Series of the Bonds will be prepared at City expense and will be delivered to the Purchaser of such Series in accordance with the applicable Bond Purchase Agreement, together with the approving legal opinion of Bond Counsel regarding that Series of the Bonds. Section 15. Official Statement; Continuing Disclosure. (a) Preliminary Official Statement Deemed Final. The Designated Representative shall review and, if acceptable to him or her, approve the preliminary Official Statement prepared in connection with each sale of a Series of the Bonds to the public or through a Purchaser as a placement agent. For the sole purpose of the Purchaser's compliance with paragraph (b)(1) of Rule 15c2-12, if applicable, the Designated Representative is authorized to deem that preliminary Official Statement final as of its date, except for the omission of information permitted to be omitted by Rule 15c2-12. The City approves the distribution to potential purchasers of the Bonds of a preliminary Official Statement that has approved by the Designated Representative and been deemed final, if applicable, in accordance with this subsection. (b) Approval of Final Official Statement. The City approves the preparation of a final Official Statement for each Series of the Bonds to be sold to the public in the form of the preliminary Official Statement that has been approved and deemed final in accordance with subsection (a), with such modifications and amendments as the Designated Representative deems necessary or desirable, and further independently authorizes each of the Designated Representative and the Mayor to execute and deliver such final Official Statement to the Page -46-of 261 4866-8690-2619 V 5/200681-0003 Back to Agenda Purchaser if required under Rule 15c2-12. The City authorizes and approves the distribution by the Purchaser of the final Official Statement so executed and delivered to purchasers and potential purchasers of a Series of the Bonds. (c) Undertaking to Provide Continuing Disclosure. If necessary to meet the requirements of paragraph (b)(5) of Rule 15c2-12, as applicable to the Purchaser acting as a participating underwriter for a Series of the Bonds, the Designated Representative is authorized to execute a written undertaking to provide continuing disclosure for the benefit of holders of a Series of the Bonds in substantially the form attached as Exhibit B. Section 16. Supplemental and Amendatory Ordinances. The City may supplement or amend this ordinance for any one or more of the following purposes without the consent of any Owners of the Bonds: (a) To add covenants and agreements that do not materially adversely affect the interests of Owners, or to surrender any right or power reserved to or conferred upon the City. (b) To cure any ambiguities, or to cure, correct or supplement any defective provision contained in this ordinance in a manner that does not materially adversely affect the interest of the Beneficial Owners of the Bonds. Section 17. General Authorization and Ratification. The Mayor, the Designated Representative and other appropriate officers of the City are severally authorized to take such actions and to execute such documents as in their judgment may be necessary or desirable to carry out the transactions contemplated in connection with this ordinance, and to do everything necessary for the prompt delivery of each Series of the Bonds to the Purchaser thereof and for the proper application, use and investment of the proceeds of the Bonds. All actions taken prior to the effective date of this ordinance in furtherance of the purposes described in this ordinance and not inconsistent with the terms of this ordinance are ratified and confirmed in all respects. Section 18. Severability. The provisions of this ordinance are declared to be separate and severable. If a court of competent jurisdiction, all appeals having been exhausted or all appeal periods having run, finds any provision of this ordinance to be invalid or unenforceable as to any person or circumstance, such offending provision shall, if feasible, be deemed to be modified to be within the limits of enforceability or validity. However, if the offending provision cannot be so modified, it shall be null and void with respect to the particular person or circumstance, and all other provisions of this ordinance in all other respects, and the offending provision with respect to all other persons and all other circumstances, shall remain valid and enforceable. Page-112-of 261 4866-8690-2619 V 5/200681-0003 Back to Agenda Section 19. Effective Date of Ordinance. This ordinance shall take effect and be in force from and after its passage and five days following its publication as required by law. PASSED by the City Council and APPROVED by the Mayor of the City of Port Orchard, Washington, at an open public meeting thereof, this day of , 2023. Mayor ATTEST: City Clerk APPROVED AS TO FORM: Bond Counsel Page-43-of 261 4866-8690-2619 V 5/200681-0003 Back to Agenda Exhibit A EXHIBIT A DESCRIPTION OF THE BONDS (a) Principal Amount. The Bonds may be issued in one or more Series and shall not exceed the aggregate principal amount of $11,120,000. (b) Date or Dates. Each Bond shall be dated its Issue Date, which date may not be later than one year after the effective date of this ordinance. (c) Denominations, Name, etc. The Bonds shall be issued in Authorized Denominations and shall be numbered separately in the manner and shall bear any name and additional designation as deemed necessary or appropriate by the Designated Representative. (d) Interest Rate(s). Unless otherwise provided for in connection with a private placement of the Bonds, each Bond shall bear interest at a fixed rate per annum (computed on the basis of a 360-day year of twelve 30-day months) from the Issue Date or from the most recent date for which interest has been paid or duly provided for, whichever is later. One or more rates of interest may be fixed for the Bonds such that the true interest cost to the City for each Series of the Bonds does not exceed 6.0%. (e) Payment Dates. Unless otherwise provided for in connection with a private placement of the Bonds, interest shall be payable semiannually on dates acceptable to the Designated Representative, and principal payments shall commence on a date acceptable to the Designated Representative and shall be payable at maturity or in mandatory redemption installments on dates acceptable to the Designated Representative. (f) Final Maturity. The final maturity of any Series of the Bonds shall be no later than December 1, 2044. (g) Redemption Rights. The Designated Representative may approve in the Bond Purchase Agreement provisions for the optional and mandatory redemption of Bonds, subject to the following: (1) Optional Redemption. Any Bond may be designated as being (A) subject to redemption at the option of the City prior to its maturity date on Page AG3lof 261 4866-8690-2619 V 5/200681-0003 Back to Agenda the dates and at the prices set forth in the Bond Purchase Agreement; or (B) not subject to redemption prior to its maturity date. If a Bond is subject to optional redemption prior to its maturity, it must be subject to such redemption on one or more dates occurring not more than 101/2 years after the Issue Date. (2) Mandatory Redemption. Any Bond may be designated as a Term Bond, subject to mandatory redemption prior to its maturity on the dates and in the amounts set forth in the Bond Purchase Agreement. (h) Price. The purchase price for each Series of the Bonds may not be less than 98% or more than 140% of the stated principal amount of that Series. (i) Other Terms and Conditions. (1) A Series of the Bonds may not be issued if it would cause the indebtedness of the City to exceed the City's legal debt capacity on the Issue Date. (2) The Designated Representative may determine whether it is in the City's best interest to provide for bond insurance or other credit enhancement; and may accept such additional terms, conditions and covenants as he or she may determine are in the best interests of the City, consistent with this ordinance. Page)NAZf 261 4866-8690-2619 V 5/200681-0003 Back to Agenda Exhibit B Form of UNDERTAKING TO PROVIDE CONTINUING DISCLOSURE City of Port Orchard, Washington Limited Tax General Obligation Bonds, 2023 The City of Port Orchard, Washington (the "City"), makes the following written Undertaking for the benefit of holders of the above -referenced bonds (the "Bonds"), for the sole purpose of assisting the Purchaser in meeting the requirements of paragraph (b)(5) of Rule 15c2- 12, as applicable to a participating underwriter for the Bonds. Capitalized terms used but not defined below shall have the meanings given in Ordinance No. of the City (the "Bond Ordinance"). (a) Undertaking to Provide Annual Financial Information and Notice of Listed Events. The City undertakes to provide or cause to be provided, either directly or through a designated agent, to the MSRB, in an electronic format as prescribed by the MSRB, accompanied by identifying information as prescribed by the MSRB: (i) Annual financial information and operating data of the type included in the final official statement for the Bonds and described in paragraph (b) ("annual financial information"). The timely filing of unaudited financial statements shall satisfy the requirements and filing deadlines pertaining to the filing of annual financial statements under subsection (b), provided that audited financial statements are to be filed if and when they are otherwise prepared and available to the City; (ii) Timely notice (not in excess of 10 business days after the occurrence of the event) of the occurrence of any of the following events with respect to the Bonds: (1) principal and interest payment delinquencies; (2) non-payment related defaults, if material; (3) unscheduled draws on debt service reserves reflecting financial difficulties; (4) unscheduled draws on credit enhancements reflecting financial difficulties; (5) substitution of credit or liquidity providers, or their failure to perform; (6) adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notice of Proposed Issue (IRS Form 5701 — TEB) or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds; (7) modifications to rights of holders of the Bonds, if material; (8) bond calls (other than scheduled mandatory redemptions of Term Bonds), if material, and tender offers; (9) defeasances; (10) release, substitution, or sale of property securing repayment of the Bonds, if material; (11) rating changes; (12) bankruptcy, insolvency, receivership or similar event of the City, as such "Bankruptcy Events" are defined in Rule 15c2-12; (13) the consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of the assets of the City other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; (14) appointment of a successor or additional trustee or the change of name of a trustee, if material; (15) default, event of Page H&f 261 4866-8690-2619 V 5/200681-0003 Back to Agenda acceleration, termination event, modification of terms or other similar events under the terms of a Financial Obligation (as such term is defined below) of the City, any of which reflect financial difficulties; and (16) incurrence of a Financial Obligation of the City or agreement to covenants, events of default, remedies, priority rights or other similar terms of a Financial Obligation of the City, any of which affect security holders. "Financial Obligation" means: (a) a debt obligation; (b) a derivative instrument entered into in connection with, or pledged as security or a source of payment for, an existing or planned debt obligation; or (c) guarantee of (a) or (b). The term "Financial Obligation" does not include municipal securities as to which a final official statement has been provided to the MSRB consistent with Rule 15c2-12 and the issuer thereof has entered into a continuing disclosure undertaking for such municipal securities. (iii) Timely notice of a failure by the City to provide required annual financial information on or before the date specified in paragraph (b). The City shall not be required to file a notice of failure to file its annual financial statements if it timely files unaudited financial statements and commits to the prompt filing of the audit if and when such audit becomes available. (b) Type of Annual Financial Information Undertaken to be Provided. The annual financial information that the City undertakes to provide in paragraph (a): (i) Shall consist of (1) annual financial statements of the City prepared in accordance with applicable generally accepted accounting principles applicable to governmental units such as the City (and with the exceptions noted therein), as such principles may be changed from time to time and as permitted by State law; ( (2) principal amount of general obligation bonds outstanding at the end of the applicable fiscal year; (3) assessed valuation for that fiscal year; and (4) property tax levy amounts and rates for that fiscal year; (ii) Shall be provided not later than the last day of the ninth month after the end of each fiscal year of the City (currently, a fiscal year ending December 31), as such fiscal year may be changed as required or permitted by State law, commencing with the City's fiscal year ending December 31, 20_; and (iii) May be provided in a single or multiple documents, and may be incorporated by specific reference to documents available to the public on the Internet website of the MSRB or filed with the SEC. (c) Amendment of Undertaking. This Undertaking is subject to amendment after the primary offering of the Bonds without the consent of any Owner or holder of any Bond, or of any broker, dealer, municipal securities dealer, participating underwriter, rating agency or the MSRB, under the circumstances and in the manner permitted by Rule 15c2-12, including: Page Hof 261 4866-8690-2619 V 5/200681-0003 Back to Agenda (i) The amendment may only be made in connection with a change in circumstances that arises from a change in legal requirements, change in law, or change in the identity, nature, or status of the City, or type of business conducted; (ii) The undertaking, as amended, would have complied with the requirements of the rule at the time of the primary offering, after taking into account any amendments or interpretations of the rule, as well as any change in circumstances; and (iii) The amendment does not materially impair the interests of holders, as determined either by parties unaffiliated with the City (e.g., bond counsel or other counsel familiar with federal securities laws), or by approving vote of bondholders pursuant to the terms of the Bond Ordinance at the time of the amendment. (d) Beneficiaries. This Undertaking shall inure to the benefit of the City and the holder of each Bond, and shall not inure to the benefit of or create any rights in any other person. (e) Termination of Undertaking. The City's obligations under this Undertaking shall terminate upon the legal defeasance of all of the Bonds. In addition, the City's obligations under this Undertaking shall terminate if the provisions of Rule 15c2-12 that require the City to comply with this Undertaking become legally inapplicable in respect of the Bonds for any reason, as confirmed by an opinion of Bond Counsel delivered to the City, and the City provides timely notice of such termination to the MSRB. (f) Remedy for Failure to Comply with Undertaking. As soon as practicable after the City learns of any failure to comply with this Undertaking, the City will proceed with due diligence to cause such noncompliance to be corrected. No failure by the City or other obligated person to comply with this Undertaking shall constitute a default in respect of the Bonds. The sole remedy of any holder of a Bond shall be to take action to compel the City or other obligated person to comply with this Undertaking, including seeking an order of specific performance from an appropriate court. (g) Designation of Official Responsible to Administer Undertaking. The Finance Officer or his or her designee is the person designated, in accordance with the Bond Ordinance, to carry out the Undertaking in accordance with Rule 15c2-12, including, without limitation, the following actions: (i) Preparing and filing the annual financial information undertaken to be provided; (ii) Determining whether any event specified in paragraph (a) has occurred, assessing its materiality, where necessary, with respect to the Bonds, and preparing and disseminating any required notice of its occurrence; (iii) Determining whether any person other than the City is an "obligated person" within the meaning of Rule 15c2-12 with respect to the Bonds, and obtaining from such person an undertaking to provide any annual financial information and notice of listed events for that person required under Rule 15c2-12; Page %7-%f 261 4866-8690-2619 V 5/200681-0003 Back to Agenda (iv) Selecting, engaging and compensating designated agents and consultants, including financial advisors and legal counsel, to assist and advise the City in carrying out this Undertaking; and (v) Effecting any necessary amendment of this Undertaking. Page f 261 4866-8690-2619V5/200681-0003 Back to Agenda CERTIFICATION I, the undersigned, City Clerk of the City of Port Orchard, Washington (the "City"), hereby certify as follows: 1. The attached copy of Ordinance No. (the "Ordinance") is a full, true and correct copy of an ordinance duly passed at a regular meeting of the City Council of the City held at the regular meeting place thereof on , 2023, as that ordinance appears on the minute book of the City. 2. The Ordinance will be in full force and effect five days after publication in the City's official newspaper, which publication date is , 2023. 3. A quorum of the members of the City Council was present throughout the meeting and at least four of the members of the Council voted in the proper manner for the passage of the Ordinance. Dated: , 2023. CITY OF PORT ORCHARD, WASHINGTON City Clerk Page 169 of 261 4866-8690-2619 V 5/200681-0003 Back to Agenda City of Port Orchard 216 Prospect Street Port Orchard WA 98366 n oINYI _A�_ (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 7B Subject: Adoption of an Ordinance Designating the McCormick Development Corporation as Open Space and Approve the Current Use Assessment Request Meeting Date: September 26, 2023 Prepared by: Nicholas Bond DCD Director Atty Routing No.: N/A Atty Review Date: N/A Summary: RCW 84.34.037 relates to the Open Space Taxation Act and the classification and taxation of lands designated as open space, timberland, or farm and agricultural land for property tax purposes. The act allows for reduced property tax assessments on these lands to incentivize their preservation for specific purposes, such as conservation, agriculture, forestry, or open space. The Open Space Taxation Act, established in 1970, permits private property owners to engage in voluntary resource conservation to safeguard open space resources, including buffers near streams, wetlands, ground water, and wildlife, in return for tax incentives. Kitsap County oversees this process, where both County and City legislative bodies in incorporated areas must affirm an application without modification or with identical modifications. The bodies can approve, approve with identical conditions, or deny the application. If approved, the tax benefits take effect in the subsequent year. McCormick Development Corporation applied to Kitsap County on March 28, 2023, to designate a one -acre parcel within the Amherst Plat (APN 5686-000-058-0001) with an Open Space Tax Classification. The parcel, Tract E, owned by McCormick Development Corp, is forested and designated Residential 2 on the City of Port Orchard 2023 Zoning Map. It is unencumbered by critical areas and was created as part of the Amherst Plat recorded in May 2021. Tract E, landlocked and adjacent to an open space tract, was retained for potential development, private open space, or transfer to an adjoining owner. The parcel is landlocked and offers little to no legal access for development opportunities. However, the property adjoins an open space tract associated with the Strathmore subdivision immediately east of the subject property. In determining whether an application made for classification or reclassification under RCW 84.34.020(1)(b) and (c) should be approved or disapproved, the granting authority may take cognizance of the benefits to the general welfare of preserving the current use of the property which is the subject of application, and shall consider the following: (a) The resulting revenue loss or tax shift; (b) Whether granting the application for land applying under RCW 84.34.020(1)(b) will (i) conserve or enhance natural, cultural, or scenic resources, (ii) protect streams, stream corridors, wetlands, natural shorelines and aquifers, (iii) protect soil resources and unique or critical wildlife and native plant habitat, (iv) promote conservation principles by example or by offering educational opportunities, (v) enhance the value of abutting or neighboring parks, forests, wildlife preserves, nature reservations, sanctuaries, or other open spaces, (vi) enhance recreation opportunities, Page 170 of 261 Back to Agenda Business Item 7B Page 2of2 (vii) preserve historic and archaeological sites, (viii) preserve visual quality along highway, road, and street corridors or scenic vistas, (ix) affect any other factors relevant in weighing benefits to the general welfare of preserving the current use of the property; and (c) Whether granting the application for land applying under RCW 84.34.020(1)(c) will (i) either preserve land previously classified under RCW 84.34.020(2) or preserve land that is traditional farmland and not classified under chapter 84.33 or 84.34 RCW, (ii) preserve land with a potential for returning to commercial agriculture, and (iii) affect any other factors relevant in weighing benefits to the general welfare of preserving the current use of property. The existing limitations on development opportunities for the parcel, primarily due to its subdivision layout, suggest that designating it as open space under the Current Use classification would not significantly impact revenue or cause a tax shift. The financial implications of designating it as open space are relatively minor. However, the advantage of this designation lies in its adjacency to the permanent open space associated with the Strathmore subdivision. By granting the open space designation, Tract E is essentially incorporated an existing open space tract and a more extensive and cohesive open space is formed. This larger open space offers several benefits including passive recreation opportunities, enhanced preservation, and aesthetic value. These benefits are consistent with the intent of the Open Space Taxation Act and the criteria for consideration of the benefits to the general welfare of preserving the current use of the property. At the September 5, 2023 Planning Commission meeting, a properly noticed public hearing was held in accordance with the requirements of POMC 20.25 to gather public testimony regarding the application for a current use assessment. The Planning Commission reviewed the application thoroughly and recommended approval of the accompanying Ordinance. Relationship to Comprehensive Plan: The proposed action implements the City of Port Orchard's Comprehensive Plan, Land Use Element Goal 5 benefits to protect, enhance, and maintain the values and functions of Port Orchard's natural areas, open spaces, and critical areas. Recommendation: Staff recommends approve an ordinance designating the McCormick Development Corporation property as Open Space and approve the Current Use Assessment request for Kitsap County Tax Parcel No. 5686-000-058-0001, as presented. Motion for consideration: "I move to approve an ordinance designating the McCormick Development Corporation property as Open Space and approve the Current Use Assessment request for Kitsap County Tax Parcel No. 5686-000-058-0001, as presented." Fiscal Impact: The City will forgo $139.87 its portion of the tax, levies and assessments for the 2023 Tax Year. The total tax, levies and assessments for the 2023 Tax Year are $ 1,049.44. Alternatives: Do not approve. Attachments: Ordinance, Map showing property location Page 171 of 261 Back to Agenda ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING THE APPLICATION OF MCCORMICK DEVELOPMENT CORPORATION FOR OPEN SPACE CLASSIFICATION; DIRECTING THE TRANSMITTAL OF THIS ORDINANCE TO THE COUNTY COMMISSIONERS FOR CONCURRENCE; AUTHORIZING THE MAYOR TO EXECUTE NECESSARY DOCUMENTS; SETTING FORTH THE APPLICANT'S OBLIGATIONS PRIOR TO THE EFFECTIVE DATE; PROVIDING FOR SEVERABILITY, CORRECTIONS, AND PUBLICATION; AND SETTING AN EFFECTIVE DATE. WHEREAS, McCormick Development Corporation applied for current use assessment of a portion of the property located in the City of Port Orchard, Kitsap County Tax Parcel No. 5686- 000-058-0001; and WHEREAS, McCormick Development Corporation submitted the application to Kitsap County and Kitsap County Assessor followed their internal procedure and reviewed the application and provided the application to the City of Port Orchard consistent with the requirements of WAC 458-30-230; and WHEREAS, RCW 84.34.037 requires that current use applications be processed in the "same manner" as a comprehensive plan amendment; and WHEREAS, pursuant to the City's comprehensive plan amendment process, a public meeting on this application was held by the City of Port Orchard Planning Commission on June 6, 2023; and WHEREAS, on September 5, 2023, the City of Port Orchard Planning Commission held a duly noticed public hearing on the application and took public comment; and WHEREAS, the City Council has received the staff report recommending approval of the Current Use Assessment request as limited and conditioned in the recommendations presented in the report generated by Kitsap County Assessor's staff; and WHEREAS, on September 26, 2023, the City Council held a public hearing on the application and took public comment; and WHEREAS, the City Council desires to approve the Current Use Assessment request of McCormick Development Corporation for Kitsap County Tax Parcel No. 5686-000-058-0001, subject to conditions as recommended by the Assessor; and WHEREAS, RCW Chapter 84.34.037 provides that Current Use Assessment requests shall Page 172 of 261 Back to Agenda Ordinance No. Page 2 of 4 be acted upon by the granting authority of three members of the County legislative body and three members of the City legislative body in which the land is located in a meeting where members may be physically absent but participating through telephonic connection, or, by separate affirmative acts by both the county and city legislative bodies where both bodies affirm the entirety of an application without modification or both bodies affirm an application with identical modifications; and WHEREAS, in determining whether an application made for classification or reclassification under RCW 84.34.020(1)(b) and (c) should be approved or disapproved, the granting authority may take cognizance of the benefits to the general welfare of preserving the current use of the property which is the subject of application, and shall consider the following: (a) The resulting revenue loss or tax shift; (b) Whether granting the application for land applying under RCW 84.34.020(1)(b) will (i) conserve or enhance natural, cultural, or scenic resources, (ii) protect streams, stream corridors, wetlands, natural shorelines and aquifers, (iii) protect soil resources and unique or critical wildlife and native plant habitat, (iv) promote conservation principles by example or by offering educational opportunities, (v) enhance the value of abutting or neighboring parks, forests, wildlife preserves, nature reservations, sanctuaries, or other open spaces, (vi) enhance recreation opportunities, (vii) preserve historic and archaeological sites, (viii) preserve visual quality along highway, road, and street corridors or scenic vistas, (ix) affect any other factors relevant in weighing benefits to the general welfare of preserving the current use of the property; and (c) Whether granting the application for land applying under RCW 84.34.020(1)(c) will (i) either preserve land previously classified under RCW 84.34.020(2) or preserve land that is traditional farmland and not classified under chapter 84.33 or 84.34 RCW, (ii) preserve land with a potential for returning to commercial agriculture, and (iii) affect any other factors relevant in weighing benefits to the general welfare of preserving the current use of property; and WHEREAS, the City Council having considered in the input of the Planning Commission and the public find that granting this designation is in the public interest and should be approved; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Adoption of Findings, Conclusions, and Recommendation. The City Council hereby adopts the findings, conclusions and recommendation as prepared by Kitsap County Assessor's staff for the McCormick Development Corporation Application for Current Use Open Space Classification for Kitsap County Tax Parcel No. 5686-000-058-0001. The Assessor's report is hereby incorporated by reference as if set forth in full. SECTION 2. Grant of Approval. The City Council hereby approves the designation of the McCormick Development Corporation property as Open Space and approves the Current Use Page 173 of 261 Back to Agenda Ordinance No. Page 3 of 4 Assessment request for Kitsap County Tax Parcel No. 5686-000-058-0001. SECTION 3. Transmittal to County Commissioners for Concurrence. City Council directs staff to present this ordinance to the Board of County Commissioners at the next available date for review and concurrence pursuant to RCW Chapter 84.34.037. SECTION 4. Authorization of Mayor. Subject to review by the City Attorney, the City Council authorizes the Mayor to execute all documents necessary to effectuate the approval of this application. SECTION S. Applicant's Obligation Prior to Effective Date. Upon request by the City, County, or State of Washington, the Applicant shall execute and record all documents necessary to effectuate the approval of this application. This approval shall not be effective until all necessary documents are executed and recorded with the County Auditor. SECTION 6. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. SECTION 7. Publication. This Ordinance shall be published by an approved summary consisting of the title. SECTION 8. Corrections. Upon the approval of the city attorney, the city clerk is authorized to make any necessary technical corrections to this ordinance, including but not limited to the correction of scrivener's/clerical errors, references, ordinance numbering, section/subsection numbers, and any reference thereto. SECTION 9. Effective Date. This Ordinance shall take effect and be in full force and effect five days after publication, as provided by law, provided, however, that this Ordinance shall not be effective as to the property until all of the following have occurred: the County Council has concurred in accordance with RCW Chapter 84.34.037, the City has executed all necessary documents, and such documents have been recorded by the Applicant. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 261" day of September 2023. Robert Putaansuu, Mayor Page 174 of 261 Back to Agenda Ordinance No. ATTEST: SPONSOR: Brandy Wallace, MMC, City Clerk Scott Diener, Councilmember APPROVED AS TO FORM: City Attorney PUBLISHED: EFFECTIVE DATE: Page 4 of 4 Page 175 of 261 167.00 098.00 3.004 .... 054-00 03i 025•1 129.00 0:. 015-00 027-; 4. . 04 055•00 023.0� 024•00 04I1.00. , 044.01 !' 075.00 025-00 09 00 + vk 049- 040.00 r 007.00 99.00 041.00 073.00 �r 043-L r - '" / 001-E s ti. 033.00 .. 045-00 r . 0 055 �1 lid* 9.0 Back to Agenda ;W 4 a Agenda Item No.: Subject: City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Business Item 7C Adoption of a Resolution Approving a Preferred Design Alterative for the Bethel Phase 1 Project Meeting Date: September 26. 2023 Prepared by: K. Chris Hammer City Engineer Atty Routing No.: 366922-0009 Atty Review Date: September 20, 2023 Summary: City staff and consultant SCJ Alliance have developed design alternatives for the Bethel Phase 1 street improvement project (the "Project"). Phase 1 consists of the segment of Bethel Avenue from Blueberry to Salmonberry, including improvements to both intersections. A corridor study was completed in 2018 and subsequently Bethel Corridor projects were programmed in the Transportation Improvement Plan ("TIP") adopted by the City Council. Surveying, environmental review, traffic analysis, and preliminary design have been undertaken to verify proof of concept and develop design alternatives consistent with the Project as set out in the TIP. The developed design alternatives were presented to the Transportation Committee on July 25, 2023, and the City Council on August 8, 2023. In addition to the Council presentation on August 811, further outreach was conducted using a story map and a survey posted on a Project's page on the City's website. The proposed design alternatives for the Project were also publicly disseminated using the City's e-mail list serve and social media accounts. Staff reviewed public input solicited from outreach received prior to September 18t" and Council's feedback from the July 25t" and August 8t" meetings. In response, the consultant and staff design team developed a recommendation for a preferred alternative. Staff requests Council input in the form of approval of a design alternative as the project moves forward, prior to the expenditure of funds for continuing design efforts. Relationship to Comprehensive Plan: Chapter 8—Transportation Recommendation: Approve the consultant and staff design team recommended approved alternative. Motion for consideration: I move to adopt a Resolution approving the design team's recommended preferred alternative as presented at tonight's Council meeting. Fiscal Impact: The project was previously budgeted, and the current design is within the budget identified in the current transportation improvement plan. Alternatives: Provide other direction for redesign. Attachments: Resolution (Exhibit A to be provided prior to the meeting) Page 177 of 261 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING A PREFERRED DESIGN ALTERNATIVE FOR THE BETHEL PHASE 1 PROJECT. WHEREAS, the City continues efforts on the Bethel Phase 1 Project, a priority project for Bethel Road as a critical transportation corridor in the City of Port Orchard included in the City's Transportation Improvement Plan (TIP) adopted by City Council; and WHEREAS, on August 9, 2022, the City Council adopted Resolution 063-22, to select and contract with SJC Alliance ("Consultant") to serve as the design engineer for design of the Project; and WHEREAS, the Consultant and staff have developed design alternatives for the Project and presented the alternatives to the Council Transportation Committee on July 25, 2023 and the full City Council at its regular meeting of August 8, 2023; and WHEREAS, the Consultant and staff engaged in additional public outreach to elicit feedback on design alternatives from August 6t" thru September 18t" through email, social media accounts, and the City's website; and WHEREAS, the City Council has considered public outreach on the design alternatives, as well as briefing from the Consultant and staff, and has identified a preferred alternative that is in the best interests of the residents of the City of Port Orchard; now, therefore; THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The City Council approves the preferred alternative for the Bethel Phase 1 Project as set out on Exhibit A hereto and incorporated herein by this reference and authorizes the Mayor to take all steps necessary to effectuate the preferred alternative. 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 26th day of September 2023. ATTEST: Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 178 of 261 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 7D Subject: Adoption of a Resolution Approving a Contract with He Development, LLC for Payment in Lieu of Specific Performance of the Construction of Frontage and Sidewalk Improvements on SE Salmonberry Road Back to Agenda Meeting Date: September 26, 2023 Prepared by: Nicholas Bond, AICP DCD Director Atty Routing No.: N/A Atty Review Date: N/A Summary: He Development, LCC has proposed to pay a fee in lieu of construction of required off -site improvements associated with the Hidden Hills Apartment project located along SE Salmonberry Road (Permit PW21-040). The Hidden Hills SEPA MDNS required construction of off -site three-quarter street improvements along a segment of SE Salmonberry Road from the project's northwest corner to a point approximately 600 feet west of the subject property. The improvements require 14 feet of pavement along the northern half of the segment's entirety and an 11-foot-wide travel lane, five-foot wide bicycle lane, curb and gutter, and a six-foot wide sidewalk along the entirety of the segment's southerly half. These improvements connect to the City's planned roundabout at Bethel Road and Salmonberry Road. Due to the project schedule for the Bethel/Salmonberry Roundabout, there are numerous challenges associated with designing and constructing the required improvements to mitigate the transportation impacts of the Hidden Hills project. Stormwater from the mitigation project needs to flow into the area of the Bethel/Salmonberry roundabout, but the receiving pipe is scheduled to be completed at date that is later than the mitigation project. In addition, the City has not yet selected a preferred alternative for the roundabout design which has delayed He Development from being able to complete their project engineering. Finally, if He Development was to construct their mitigation project first, it is likely that the road alignment would require the city to demolish and reconstruct developer funded improvements to align with the new roundabout. For these reasons, He Development has proposed, and City staff have negotiated a fee in lieu of construction agreement. This agreement, if approved, would integrate the projects in both timing and scope. He Development, LLC desires to provide the necessary funds, based on the City's Engineer's Estimate for the Hidden Hills mitigation work, of $326,015.00 and would authorize the City to use the funds to complete the required mitigation work as part of the Bethel Phase 1b project. The Agreement would require He Development LLC to provide $96,231 within 60 days of the execution of the Agreement (to pay for design work) and the remining $229,784 (for construction) to be deposited at the time of building permit issuance. In the absence of the Fee in Lieu of Construction Agreement the developer is required to construct the off - site improvements to Salmonberry Road prior to the issuance of a Certificate of Occupancy for the Hidden Page 179 of 261 Back to Agenda Business Item 7D Page 2 of 2 Hills project. The agreement provides the City with the opportunity to expand the Bethel Phase 1 design scope to include improvements to Salmonberry east toward the city limits. Essentially, the east leg of this roundabout could be designed as a complete street connecting Bethel to the east city boundary. This will increase the construction cost for the Bethel phase 1 project but would result in a complete street serving this neighborhood. It would also provide Kitsap County with an opportunity to apply for grants to make Salmonberry a complete street from the City limits east to Jackson. The City is currently negotiating an agreement with another developer on the North side of Salmonberry to pay a similarly structured fee in lieu of construction for their frontage improvements. This 2nd agreement will close some but not all the funding gap for constructing Salmonberry from Bethel to the east city limits. Relationship to Comprehensive Plan: The Payment in Lieu of Construction Agreement supplements the funding associated with Project 1.9 in the City's adopted Transportation Improvement Program (TIP), which is incorporated into the Comprehensive Plan by reference. Recommendation: Staff recommends approval of the Payment in Lieu of Construction Agreement of frontage and sidewalk improvements on SE Salmonberry Road as presented. Motion for consideration: "I move to adopt a resolution authorizing the Mayor to execute the Payment in Lieu of Construction Agreement as presented." Fiscal Impact: The agreement provides an additional $326,015 in funding for the implementation Project 1.9 in the City's adopted Transportation Improvement Program, but also adds to the City's total construction cost estimate. Alternatives: Do not approve the Agreement; request changes to the Agreement Attachments: Resolution, Payment In Lieu Of Specific Performance of the Construction of Frontage and Sidewalk Improvements on SE Salmonberry Road Page 180 of 261 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, TO AUTHORIZE THE MAYOR TO SIGN AN AGREEMENT BETWEEN HE DEVELOPMENT, LLC AND THE CITY RELATING TO ACCEPTING PAYMENT IN LIEU OF SPECIFIC PERFORMANCE OF THE CONSTRUCTION OF FRONTAGE AND SIDEWALK IMPROVEMENTS ON SOUTH-EAST SALMONBERRY ROAD. WHEREAS, He Development applied for, and the City issued a Land Disturbing Activity Permit (LDAP) for the Hidden Hills Apartment Project (PW21-040); and WHEREAS, in conjunction with the LDAP, the City issued a Mitigated Determination of Non - Significance (MDNS) on August 19, 2022 which was not appealed; and WHEREAS, the MDNS required the following transportation mitigation: Construction of a modified three-quarter street section from the northwest corner of the project site along SE Salmonberry Road heading east to the western property line of parcel number 012301-3-032-2003. The modified three-quarter street section shall at a minimum consist of: a. 14-foot of pavement on the non -project (northern) half of SE Salmonberry Road; b. 11-foot drive lane on the project (southern) half of SE Salmonberry Road; c. 5-foot bike lane on the project (southern) half of SE Salmonberry Road exclusive of gutter; d. Curb and gutter per City of Port Orchard Standards on the project (southern) half of SE Salmonberry Road; e. 6-foot sidewalk on the project (southern) half of SE Salmonberry Road; and WHEREAS, as part of the Bethel Road Project, the City previously identified a need for a roundabout on Bethel Road at Salmonberry Road. The development of this roundabout will be included in Phase 1 of the Bethel Road Project. This roundabout will be very close to the mitigation project that He Development is required to complete under the MDNS for the Hidden Hills project; and WHEREAS, in order to better integrate the projects in both timing and scope, He Development has offered to pay for the City to do the required Hidden Hills mitigation work so that it can be made part of the Phase 1 work on the Bethel Road Project. This will ensure that the public is only inconvenienced once, as the projects will be done together. This will also ensure better matching of materials and connections; and WHEREAS, in lieu of He Development constructing the mitigation set forth in the MDNS, He Development will transfer the necessary funds to the City in the amount of the City's Engineer's Estimate for the Hidden Hills mitigation work in the amount of $326,015.00 and the City may utilize those funds to do the mitigation work as part of the Phase 1 work on the Bethel Road Project; and Page 181 of 261 Back to Agenda Resolution No. Page 2 of 2 WHEREAS, the Port Orchard City Council has determined that this Agreement is in the public interest; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: 1. Recitals. The recitals set forth above are hereby incorporated by reference as if set forth in full herein. 2. Authorization for Signature. The City of Port Orchard hereby authorizes the Mayor to accept and sign the attached Agreement for payment in lieu of specific performance of the construction of frontage and sidewalk improvements on south-east salmonberry road. 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 26t" day of September 2023. ATTEST: Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 182 of 261 Back to Agenda PAYMENT IN LIEU OF SPECIFIC PERFORMANCE OF THE CONSTRUCTION OF FRONTAGE AND SIDEWALK IMPROVEMENTS ON SOUTH-EAST SALMONBERRY ROAD THIS AGREEMENT ("Agreement") is made this 0_�i day of 2023 between the City of Port Orchard, a municipal corporation ("City'), and He Development, LLC, a Washington limited liability company ("He Development"), organized under the laws of the State of Washington and doing business at 4631 SE Bakken Ct., Port Orchard, Washington 98366-9504, for the purposes set forth herein. RECITALS 1.1 He Development applied for, and the City issued a Land Disturbing Activity Permit (LDAP) for the Hidden Hills Apartment Project (PW21-040); and 1.2 In conjunction with the LDAP, the City issued a Mitigated Determination of Non -Significance (MDNS) on August 19, 2022 which was not appealed; and 1.3 That MDNS required the following mitigation: Construction of a modified three-quarter street section from the northwest corner of the project site along SE Salmonberry Road heading east to the western property line of parcel number 012301-3-032-2003. The modified three-quarter street section shall at a minimum consist of: a. 14-foot of pavement on the non -project (northern) half of SE Salmonberry Road; b. 11-foot drive lane on the project (southern) half of SE Salmonberry Road; c. 5-foot bike lane on the project (southern) half of SE Salmonberry Road exclusive of gutter; d. Curb and gutter per City of Port Orchard Standards on the project (southern) half of SE Salmonberry Road; e. 6-foot sidewalk on the project (southern) half of SE Salmonberry Road; and 1.4 The mitigation project is shown on Exhibit A which is attached hereto and incorporated by this reference as if set forth in full. 1.5 As part of the Bethel Road Project, the City previously identified a need for a roundabout on Bethel Road at Salmonberry Road. The development of this roundabout will be included in Phase 1 of the Bethel Road Project. This roundabout will be very close to the mitigation project that He Development is required to complete under the MDNS for the Hidden Hills project; and 1.6 After the MDNS issued, the City and He Development discussed the phasing of the improvements required by the MDNS and how those would correspond Agreement for Payment in Lieu of Mitigation Work Page 1 1698610.7 - 366922 -0021 1698610.8 - 366922 - 0021 Page 183 of 261 Back to Agenda with and may be integrated with the City's work on Phase 1 of the Bethel Road Project, and 1.7 In order to better integrate the projects in both timing and scope, He Development has offered to pay for the City to do the required Hidden Hills mitigation work so that it can be made part of the Phase 1 work on the Bethel Road Project. This will ensure that the public is only inconvenienced once, as the projects will be done together. This will also ensure better matching of materials and connections; and 1.8 Accordingly, in lieu of He Development constructing the mitigation set forth in Section 1.3 above, He Development desires to transfer the necessary funds to the City in the amount of the City's Engineer's Estimate for the Hidden Hills mitigation work in the amount of $326,015.00 and He Development desires to authorize the City to utilize those funds to do the mitigation work as part of the Phase 1 work on the Bethel Road Project; and 1.9 The City agrees that this payment in lieu of construction will satisfy the mitigation required under the August 19, 2022 MDNS; and 1.10 The mitigation project listed in Section 1.3 above does not include the frontage improvements which are required to be constructed adjacent to the Hidden Hills apartment project site. He Development is responsible for constructing those frontage improvements and nothing in this Agreement impacts that responsibility; NOW, THEREFORE, in consideration of the mutual covenants and conditions herein contained, the parties hereto agree as set forth above and as follows: 11. PERFORMANCE OBLIGATIONS 11.1 He Development shall deposit cash funds in the amount of Three Hundred Twenty Six Thousand and Fifteen Dollars ($326,015.00) ("Funds") to be paid as follows: $96,231.00 will be due to the City of Port Orchard within sixty (60) days of execution of this Agreement, with the balance of $229,784.00 due at issuance of the building permit for the Hidden Hills Apartment Project. 11.2 He Development authorizes and directs the City to utilize the Funds towards planning, design, permitting and/or construction of the Hidden Hills mitigation project components listed in Section 1.3 above, at the City's sole direction regarding timing, as referenced above. 11.3 The City agrees to accept the Funds as financial security in lieu of construction of the Hidden Hills mitigation project components listed in Section 1.3 above. Upon receipt of the Funds, the mitigation set forth in the MDNS is deemed fulfilled. He Development shall remain obligated to perform and comply with any and all other obligations and conditions required by the City for the Hidden Hills project and this Agreement shall not relieve He Development of those obligations and/or conditions. Agreement for Payment in Lieu of Mitigation Work Page 2 1698610.7 - 366922 -0021 1698610.8 - 366922 - 0021 Page 184 of 261 Back to Agenda 11.4 He Development acknowledges and accepts that the City may utilize the Funds for the purposes described herein at any time after the Funds are deposited with the City, at the City's sole discretion, and He Development affirmatively disclaims any interest in the Funds. 11.5 To the extent the City determines that planning, design, permitting and/or construction of the mitigation project listed in Section 1.3 requires additional cooperation from He Development, including but not limited to a temporary construction easement, He Development shall reasonably provide the City with the cooperation sought, provided the City is not entitled to further payment for the mitigation work beyond what is required in this Agreement. 11.6 If He Development dedicates real property to the City for a portion of the City's Phase 1 work on the Bethel Road Project ("Dedicated Property"), then the Parties shall agree on the area of such Dedicated Property and a fair market value for the same, using the methods set forth in Section 2.7 below. The value may be used by He Development as a credit towards all or a portion of the obligation set forth in Section 2.1 above, provided, however, that the use of the Dedicated Property value as a credit is limited such that the dedication and valuation of the Dedicated Property must be completed prior to the time of either the first or the second payment of the funds described in Section 2.1 above are due. If credit towards the obligation in Section 2.1 is not claimed prior to payments being made, then He Development may either apply the value of the Dedicated Property towards its obligation for payment of transportation impact fees for its project (if timely requested) or may receive payment from the City for such dedication. He Development will pay any Real Estate Excise Tax due on the transfer. 11.7 The area and valuation for Dedicated Property shall be determined as follows: (1) The Parties will agree as to the extent of the land needed by the City from He Development for the Phase I Bethel Road Project. If the Parties disagree, then the City shall determine the extent of the property to be dedicated. The City's determination shall be final. (2) Once the Dedicated Property area has been established, He Development will hire a certified property appraiser, pay for the appraisal, and provide a copy of that appraisal report to the City for the Dedicated Property. (3) The City shall use its best efforts to review the appraisal report and provide a response to He Development on the valuation within 30 days of receipt. (4) If both the City and the He Development agree that the appraisal is fair and reasonable, then the appraised value will be accepted as the value of the Dedicated Property. (5) If the City disagrees with the appraisal, then the City may hire its own appraiser to perform a second appraisal at He Development's expense. The date for valuation purposes shall be the same as used in He Development's appraisal. The City shall use its best efforts to obtain an appraisal report within 60 days of notice to He Development of its disagreement with He Development's appraisal. (6) The Parties will take the mid -point between the two appraisals and use that as the fair market value for the Dedicated Property. Agreement for Payment in Lieu of Mitigation Work Page 3 1698610.7 - 366922 -0021 1698610.8 - 366922 - 0021 Page 185 of 261 Back to Agenda III. GENERAL PROVISIONS 111.1 Applicable Law; Attorneys' Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Venue for any action arising out of or relating to this Agreement shall lie in Kitsap County Superior Court. The non -prevailing Party in any action brought to enforce this Agreement shall pay the other Parties' expenses and reasonable attorney's fees. 111.2 Effective Date. This Agreement shall be deemed effective upon mutual execution and approval by the Port Orchard City Council, which approval shall be attached hereto and adopted herein by this reference. This Agreement shall remain in full force and effect until such time as the underlying building permits for the Hidden Hills apartment projects have issued and any appeals thereof have been completed. 111.3 Entire Agreement. This Agreement embodies and constitutes the entire understanding between the Parties hereto with respect to the transactions contemplated herein, and all prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement. 111.4 No Third -Party Beneficiaries. Except as otherwise provided herein, this Agreement shall not create any rights enforceable by any party who is not a Party to this Agreement. 111.5 Binding on Successors. If He Development assigns or transfers the Hidden Hills property as a whole to a new developer, such assignee or transferee shall be obligated and bound by the terms and conditions of this Agreement, and shall be the beneficiary thereof and a Party thereto. Such purchaser, assignee or transferee shall observe and fully perform all of the duties and obligations of He Development as contained in this Agreement. 111.6 Severability. This Agreement does not violate any federal or state statute, rule, regulation or common law known; but any provision which is found to be invalid or in violation of any statute, rule, regulation or common law shall be considered null and void, with the remaining provisions in the Agreement remaining viable and in effect. 111.7 Non -Waiver of Breach. The failure of a Party to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred 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 and remain in full force and effect. 111.8 Written Notice. All written communications regarding enforcement or alleged breach of this Agreement shall be sent to the Parties in accordance with this Section. Notices, demands, correspondence to the City and/or He Development (as applicable) shall be sufficiently given if dispatched by pre -paid first-class mail to the addresses of the Parties as designated below. Notice to the City shall be to the attention of both the City Clerk and the City Attorney. Notices to successors -in -interest of He Agreement for Payment in Lieu of Mitigation Work Page 4 1698610.7 - 366922 -0021 1698610.8 - 366922 - 0021 Page 186 of 261 Back to Agenda Development shall be required to be given by the City only for those successors -in - interest who have given the City written notice of their address for such notice. The Parties hereto may, from time to time, advise the other of new addresses for such notices, demands or correspondence. Unless otherwise specified, any written notice hereunder shall become effective upon the date of both emailing and mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated below: HE DEVELOPMENT, LLC: Attn: He Zhi Lin He Development, LLC 4631 SE Bakken Ct. Port Orchard, WA 98366-9504 Email: zhilhea-.gmail. com CITY: Mayor City of Port Orchard 216 Prospect Street Port Orchard WA 98366 rputaansuu a(�cityofportorchard.us Copies shall also be transmitted to the City Clerk and City Attorney at the above address. 111.9 Time is of the essence. All time limits set forth herein are of the essence. The Parties agree to perform all obligations under this Agreement with due diligence. 111.10 Covenant of Good Faith and Cooperation. The Parties agree to take further actions and execute further documents, either jointly or within their respective power and authority, to implement the intent of this Agreement. Each Party covenants to use its best efforts and work cooperatively in order to secure the benefits and rights under this Agreement. The Parties shall not unreasonably withhold approvals or consents provided for in this Agreement. Each Party shall execute and deliver to the other all further documents as are reasonably necessary to carry out this Agreement as may be necessary to provide a Party with a full and complete enjoyment of its rights and privileges under this Agreement. 111.11 Interpretation. This Agreement has been reviewed and revised by legal counsel for both Parties, and no presumption or rule construing ambiguity against the drafter of the document shall apply to the interpretation or enforcement of this Agreement. 111.12 Counterparts. The Agreement may be signed in two or more counterpart copies with the same effect as if the signature of each counterpart copy were on a Agreement for Payment in Lieu of Mitigation Work Page 5 1698610.7 - 366922 -0021 1698610.8 - 366922 - 0021 Page 187 of 261 Back to Agenda single instrument. Each counterparty shall be deemed as an original as to the Party whose signature it bears, and all such counterparts shall constitute one document. IN WITNESS WHEREOF, the Parties have executed this Agreement on the dates set forth below. CITY OF PORT ORCHARD HE DEVELOPMENT, LLC ("City") ("He Development") By Bye Its Its a VIAM e Dated: Dated: 0jz0j' �z023 Agreement for Payment in Lieu of Mitigation Work Page 6 1698610.7 - 366922 -0021 1698610.8 - 366922 - 0021 Page 188 of 261 Back to Agenda CITY NOTARY BLOCK STATE OF WASHINGTON ss: COUNTY OF KITSAP I certify that I know or have satisfactory evidence that Robert Putaansuu 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, and acknowledged it as the Mayor of Port Orchard to be the free and voluntary act of such entity for the uses and purposes mentioned in the instrument. DATED: NAME: (Print Name) Notary Public in and for the State of Washington. Commission Expires: HE DEVELOPMENT NOTARY BLOCK STATE OF WASHINGTON ) ss: COUNTY OF ) I certify that I know or have satisfactory evidence that Zv,:, kAe is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument, and acknowledged it as the WV� of He Development, LLC to be the free and voluntary act of �p� �n�j filkje uses and purposes mentioned in the instrument. G . • EXP. Mo NOTARY tW PUBLIC �.: Z ° '� NAME: NO I� OF Y��"� rint Name) ��Q��WAtiS�� Notary Public in and for thotate of Washington. Agreement for Payment in Lieu of Mitigation Work Page 7 1698610.7 - 366922 -0021 1698610.8 - 366922 - 0021 Page 189 of 261 Back to Agenda Commission Expires: O Agreement for Payment in Lieu of Mitigation Work Page 8 1698610.7 - 366922 -0021 1698610.8 - 366922 - 0021 Page 190 of 261 Back to Agenda NO. I DATE KEY NOTES: O PROPOSED OFFSITE ROAD IMPROVEMENTS DO NOT ALIGN WITH PROPOSED FRONTAGE IMPROVEMENTS ALONG HIDDEN HILLS PROJECT SITE. AN APPROXIMATE 5' OFFSET BETWEEN PROPOSED ROAD CENTERLINES AND BIKE LANE LINES EXISTS. © PROPOSED OFFSITE ROAD IMPROVEMENTS DO NOT ALIGN WITH PROPOSED FRONTAGE IMPROVEMENTS ALONG THIMBLEBERRY PROJECT SITE. PROPOSED BIKE LANE ALONG THIMBLEBERRY FRONTAGE WILL ENCROACH ABOUT 6' INTO THE PROPOSED 11, DRIVE LANE. A 6' DETACHED SIDEWALK WITH PLANTER ARE PROPOSED ALONG THIMBLEBERRY PROJECT THAT DOES NOT MATCH THE REQUIRED OFFSITE ROAD SECTION. © PROPOSED OFFSITE ROAD IMPROVEMENTS DO NOT ALIGN WITH EXISTING SE SALMONBERRY ROAD ALIGNMENT. THE EXISTING 40' RIGHT-OF-WAY TO THE WEST OF THE PROPOSED OFFSITE ROAD IMPROVEMENTS IS SHIFTED APPROXIMATELY 20' NORTH. O ROAD CENTERLINE OF PROPOSED OFFSITE ROAD IMPROVEMENTS APPEARS TO BE THE CENTERLINE OF THE EXISTING 50' RIGHT-OF-WAY. CITY TO VERIFY/CONFIRM INTENTION. O EXISTING SURFACE IMPROVEMENTS, STORM CONVEYANCE, AND UTILITIES (ABOVE AND BELOW GROUND) WILL BE IMPACTED BY THE PROPOSED OFFSITE ROAD IMPROVEMENTS. STORMWATER MITIGATION IN PARTICULAR WILL BE EXTREMELY CHALLENGING AND PROBLEMATIC GIVEN RELATIVE ELEVATIONS OF THE RIGHT-OF-WAY COMPARED TO THE DOWNSTREAM AREA. DATUM 0 NAVD88 Scale: 1 "= 20' 11 1 1 41 Scale in Feet BY I DESCRIPTION REVISIONS NOTE THE APPROXIMATE LOCATION OF EXISTING UNDERGROUND UTILITIES ARE SHOWN ON THE PLANS. IT IS THE CONTRACTOR'S RESPONSIBILITY TO DETERMINE THE LOCATION OF EXISTING UTILITIES PRIOR TO COMMENCING WORK. THE CONTRACTOR SHALL BE RESPONSIBLE FOR DAMAGES THAT MIGHT BE OCCASIONED BY THE CONTRACTOR'S FAILURE TO LOCATE, PRESERVE AND PROTECT UNDERGROUND UTILITIES. CALL 48 HOURS BEFORE YOU DIG 811 HIDDEN HILLS OFFSITE ROAD IMPROVEMENTS SCALE: 1'=20' END STA. 16+02.50 CONNECTION TO EX. CC CAI A/lIAIDCDDV DnAn EX. FIRE & EX. 40' ROW � (APPROXIMATE LOCATION OF EX. ROAD CENTERLINE STRIPING) EX. EDGE OF PAVEMENT (APPROXIMATE LOCATION) HIDDEN HILLS SITE FRONTAGE IMPROVEMENTS SCALE: 1'=20' Ur KLLUUAILU POWER POLE WITH STREET LIGHT. SEE PLANS PREPARED ` BY PSE. F _ ,11m= � � SEE o ��' �'� �� BY DATE �o co a0 OFFSITE ROAD IMPROVEMENT EXHIBIT FOR: HE DEVELOPMENT, LLC SCALE: 1 "=20' Inc.DATE: August 29, 2022 DESIGNED JFK 8/22 ` , N.L.Olson & Associates, IAttn: James He PROJECT NUMBER: DRAWN AUE 8/22 � HIDDEN HILLS APARTMENTS Engineering, Planning and Surveying .6�p 37919 w4 LAND DEVELOPMENT ACTIVITY PERMIT 4631 SE Bakken Court 19-10959 CHECKED NLOII 8/22 (360) 876-2284 ��4 SroNTS EPort Orchard, WA 98366 APPROVED Portion of the Northwest Quarter of the Southeast Quarter Section 1, Phone: 360 874-9966 ACCEPTED 2453 Bethel Avenue, P.O. Box 637, Port Orchard, WA 98366 Township 23, Range 1 East, W.M. in Kitsap County, Washington iSHEET 1 OF 1 Back to Agenda C CO/ m m § 2B» %;: CO rq N m 0 9 9 9 } % \ & § m 00 / r : E § Q C13 ' e \ m Cn m \ m 0 2 0 \ § § 0 m 9 ~ o Ja« Ln § N Ln 9 m y . N m Cn § CO M 0 e 9 m N _ & e 6 9 N § / mr 0 ~ � 9 © 9 9 m (- 03 Ln m § m § G §m 9 § o Ln� _ _ § m 0 m u m o r, r, Ln N m m ` ' 9 00 § § > m m m . --- — m m ----_�------�--�9wama2-�---------- �- _ ---- § 0 o §ƒ§_ - ~ � ] S 9Cn El \L - _ � \ � ' - § - R f - m 2 - 9 ® 0 § N \ ( - V -R.7� » } § § \�/ LU § -j - § Cr 03 �eiw� 2 e § § _ \ N E _ 2 e c w,ma - - _ § ww g 2 _ tm t m § 9 9 9 ) : LM - - - m 9 _ \ § m - § m CO - 9 9 9 9 9 § § o_ - � «19 of 261 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.: Business Item 7E Meeting Date: September 26, 2023 Subject: Approval of Amendment No. 2 to Prepared by: Chris Hammer Contract No. 083-22 with Shea Carr & City Engineer Jewel, Inc dba SCJ Alliance for Bethel Phase 1-Street Improvement Project Atty Routing No. Atty Review Date 366922-0009 September 18, 2023 Summary: On August 9, 2022, following a procurement process consistent with Ch. 39.80 RCW and the City's Procurement Policies, the City executed Contract No. 083-22 with Shea Car & Jewell, Inc. dba SCJ Alliance for the Bethel Phase 1-Street Improvement Project (the "Agreement"). On February 10, 2023 Amendment No. 1 was approved, extending the Agreement's termination date to March 31, 2024. Consistent with the original procurement for this Project, the City now requires services to reach 60% design of the area east of the intersection of Salmonberry Rd for the Bethel Phase 1 Street Improvement Project which will exceed the current value of the Agreement, as amended. Before the Council for approval is Amendment No. 2 to the Agreement, which would increase the contract amount by an additional $96,230.93, for a new "not to exceed" total of $720,523.38, inclusive of all compensation paid after execution of the Contract and Amendment 1, but prior to this Amendment. Recommendation: Staff recommends the Council authorize the Mayor to execute Amendment No. 2 to Contract No. 083-22 with Shea Car & Jewell, Inc. dba SCJ Alliance, Inc for the Bethel Phase 1-Street Improvement Project to increase the total contract amount by $96,230.93, for a total not to exceed amount of $720,523.38. Relationship to Comprehensive Plan: Ch 8- Transportation Motion for Consideration: I move to authorize the Mayor to execute Amendment No. 2 to Contract No. 083-22 with Shea Car & Jewell, Inc. dba SCJ Alliance, Inc for Bethel Phase 1-Street Improvement Project. Fiscal Impact: The expense of this amendment will be reimbursed by the developer. This project is budgeted in the 2023-2024 Biennial Budget under GL Code 304.05.595.10.60. A budget amendment may be required. Alternatives: Do not approve and provide alternative guidance. Attachments: Amendment No. 2 Amendment Authorization Courtesy Copy of C083-22 and Amendment No. 1 Page 193 of 261 Back to Agenda CITY OF PORT ORCHARD Authorization for Amendment No. 2 Date: September 26, 2023 Project: Bethel Phase 1- Street Contractor: Shea Carr & Jewel. Inc dba SCJ Alliance 8730 Tallon Ln NE, Ste200 Improvement Project Lacey, WA 98516 Contract / Job # C083-22 THIS AMENDMENT AUTHORIZES THE FOLLOWING CHANGES TO THE AGREEMENT: A contract increase in the amount of $96,230.93, to incorporate 60% design of the area east of the intersection of Salmonberry Rd and Bethel Rd as described (see attached). C083-22, Section 2 Compensation is amended to read as follows: TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed $720,523.38 without written authorization and will be based on the list of billing rates and reimbursable expenses attached hereto as Exhibit "B." 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. Contract History Amount Sales Tax Total Date Appvd b Original Contract $624,292.45 $0.00 $624,292.45 09-Au -22 Council Amendment 1 $0.00 $0.00 $0.00 10-Feb-23 PW Director Amendment 2 $96,230.93 $0.00 $96,230.93 26-Sep-23 Interim PW Total Contract $720,523.38 $0.00 $720,523.38 have reviewed the Amendment information above and certify that to the best of my knowledge descriptions and c s are true and accura ' Z Consultant Approval Signature Pub c Works Director Scott Sawyer, Principal Jacki Brown Printed Name & Title Public Works Contracts Greater than $3S,000: Change Orders that do not exceed 10%, with a maximum of $50,000, of either legally authorized budget limit or contract amount established by City Council can be approved by the Public works Director. Total Contract Approved: Amount shall reset to reflect new Council -approved contract totals authorized prior to the requested change order. $50,000-$100,000 require Mayoral Approval. $100,000 and over require Council Approval. Public Works Contracts under $35,000, change orders that individually do not exceed Attest: $7,500 with an aggregate cap of $10,000. Public Works Contracts unbudgeted and under $7,500: All Change Orders that do not exceed an aggregate cap of $7,500 (Excluding underlying value), provided there are departmental funds available in the budget. All Departments: Mayor approves any and all Change orders that do not exceed 10% of either authorized budget limit or contract amount established by City Council. With a maximum aggregate amount of $100,000. Total Contract Amount shall reset to reflect new Council -approved contract totals authorized prior to the requested change order. Any individual Change order that is over $100,000 requires Council approval. Printed Name Mayor City Clerk Council Approval Date Page 1 of 16 Page 194 of 261 Back to Agenda Amendment No. 2 to Contract No. 083-22 CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT WITH Shea Carr & Jewell, Inc. dba SC./ Alliance THIS AMENDMENT No. 2 to Contract No. 083-22 ("Amendment") is entered into between the City of Port Orchard, a Washington municipal corporation ("City" or "Port Orchard") and Shea Car & Jewell, Inc. dba SCJ Alliance, a Washington corporation ("Consultant"). City and Consultant are each a "Party" and together "Parties" to this Amendment. RECITALS: WHEREAS, on the August 9, 2022, the City executed a Professional Services Agreement for Bethel Phase 1-Street Improvement Project with the Consultant ("Underlying Agreement"); and WHEREAS, on February 10, 2023, Amendment No. 1 was approved, extending the Underlying Agreement's termination date to March 31, 2024; and WHEREAS, continuing services for the Bethel Phase 1-Street Improvement Project are required by the City 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 2 (Compensation), of the agreement from $624,292.45 to $720,523.38 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: FOURTH AMENDMENT TO AGREEMENT: 1. Amendment. a. Section 2 Compensation of the Agreement is hereby amended to read as follows: TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed $720,523.38, inclusive of all amounts paid prior to the execution of Amendment No. 2 to this Agreement, without written authorization and will be based on the list of billing rates and reimbursable expenses attached hereto as Exhibit B. 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. Amendment No. 2 to Agreement between City of Port Orchard and Shea Car & Jewell, Inc. dba SO Alliance Contract No. C083-22 Updated 4/2022 IBDR Page 195 of 261 Page 2 of 16 Back to Agenda 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 September 26, 2023. DATED this 26th day of September, 2023. CITY OF PORT ORCHARD, WASHINGTON Robert Putaansuu, Mayor ATTEST/AUTHENTICATED: Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: Charlotte A. Archer, City Attorney CO ULTANT Signature Scott Sawyer, Principal Printed Name and Title Amendment No. 2 to Agreement between City of Port Orchard and Shea Car & Jewell, Inc. dba SCJ Alliance Contract No. C083-22 Updated 4/2022 IBDR Page 196 of 261 Page 3 of 16 Back to Agenda 1=� SCJ ALLIANCE CONSULTING SERVICES Exhibit A — Amendment 2 Scope of Work Bethel Road Port Orchard, WA Prepared For: Chris Hammer, PE, Assistant City Engineer Prepared By: Patrick Holm, PE, Project Manager Date Prepared: March 28, 2023 Overview Development is planned east of the intersection of Salmonberry Road and Bethel Road. The City is putting together a development agreement to plan for the design and construction of the frontage improvements needed for these developments. This amendment incorporates the 60% design of this area into the contract. The work will consist of the following Tasks: ♦ Task 11— Roadway Design ♦ Task 20 —Topographic Survey and Right of Way Mapping - (Parametrix) ♦ Task 21— Stormwater Design - (Parametrix) ♦ Task 22 — Utility and Illumination Design and Coordination - (Paramterix) Task 11 — Roadway Design 11.1 Data Collection 1) Data Collection: Collect available CITY as -built plans. 2) Photographs: Walk the site and provide photo documentation. 11.2 Roadway Layout 1) Horizontal Layout: ♦ Define alignment data (bearing and curve data) for the centerline and define alignment data (station/offset and curve data) for medians, curbs, and edges of pavement. ♦ Develop typical sections for Salmonberry Road. 2) Vertical Layout: ♦ Develop centerline profiles and flowline profiles for Salmonberry Road. Page 197 of 261 Page 4 of 16 Back to Agenda ... , - ��i SC.J ALLIANCE CONSULTING SERVICES Bethel Road March 28, 2022 Page 2 of 3 11.3 Frontage Design 1) Frontage Design: Profile proposed back of sidewalk or edge of pavement for each impacted parcel on Salmonberry Road to the east. Design each site to integrate proposed improvements with the existing conditions. 2) Frontage Exhibits: Create a frontage conformance exhibit for each impacted parcel (up to 16 parcels). Each exhibit will include sufficient detail to show the public what the site will look like. The exhibits will include a site plan showing the roadway, sidewalk, existing structures, parking, landscaping, and retaining walls. The exhibits may include cross sections and profiles as necessary to demonstrate how the site will be graded. Each exhibit will be at a scale to fit attractively on 11x17 inch paper. 3) Submit frontage conformance exhibits to the CITY for review. Incorporate revision from one CITY review. 4) Review Workshop with CITY: Part of Phase 6. 5) Technical Memorandum: Add to the memorandum prepared in Phase 6. ♦ Describe standards used to layout the roadway. Explain any variances from these standards. ♦ Discuss the features of the frontage designs. Attach frontage conformance exhibits and roundabout exhibits. 11.4 Channelization 1) Channelization: Review and revise conceptual channelization developed in the Bethel Road and Sedgwick Road Corridor Study. 2) Technical Memorandum: Add to the traffic technical memorandum prepared in Phase 6 11.5 Environmental Clearances 1) Area of Potential Effect: Coordinate with the City and CONSULTANT team to prepare an exhibit showing the Area of Potential Effect (APE) to be used in the permitting process. 2) Site Visit: Conduct a site visit to evaluate the project considering anticipated NEPA/SEPA documentation and permitting requirements 3) WSDOT Meeting: Conduct meeting with WSDOT Local Programs to review project and identify potential discipline reports if future project actions/funding required NEPA documentation. 11.6 60% Plans Prepare the following plan types at 1"=20' scale (unless noted otherwise). The number of plan sheets per plan type is shown in parentheses. ♦ Alignment Plans (1 sheet) ♦ Typical Roadway Sections (1 sheet) ♦ Removal Plans (1 sheet) ♦ Temporary Erosion and Sediment Control Plans (1 sheet) ♦ Right -of -Way Plan (1 sheet) (scoped as part of a different task) ♦ Roadway Plan and Profile Sheets (2 sheets) ♦ Stormwater Plans (2 sheets) (scoped as part of a different task) ♦ Sidewalk Ramp Details (1 sheets) Page 198 of 261 Page 5 of 16 Back to Agenda ... , - ��i SCJ ALLIANCE CONSULTING SERVICES ♦ Driveway Details (1 sheet) ♦ Paving Plans (1 sheet) ♦ Illumination Plans (1 sheets) (scoped as part of a different task) ♦ Signing and Pavement Marking Plans (1 sheets) ♦ Utility Removal/Relocation Plans (1 sheets) (scoped as part of a different task) ♦ Maintenance of Traffic/Staging Plans (2 sheets) 11.7 60% Cost Estimate 1) Cost Estimate ♦ Revise the cost estimate in Phase 6. 11.8 Basis for Design Report 1) Basis for Design Report: Revise the Basis of Design Report from Phase 6. Bethel Road March 28, 2022 Page 3 of 3 Task 11 Understanding ♦ The layout will follow the general layout from the Bethel Road and Sedgwick Road Corridor Study. ♦ The project will utilize traffic modeling from the Bethel Road and Sedgwick Road Corridor Study project. We will also use this data as a part of the pavement design in Task 3. Additional modeling is not required. ♦ There will be an over the shoulder review by the CITY prior to the 60% package is delivered. Task 11 Deliverables ♦ 60% plans, specials, and Engineer's estimate in PDF submitted via email. ♦ Basis for Design Report in PDF submitted via email. ♦ AG132 data files submitted via email. ♦ AutoCAD files including Civi13D in DWG format submitted via email. END OF PROPOSAL Page 199 of 261 Page 6 of 16 Back to Agenda Consultant Fee Determination Summary SCJ Alliance Client: City of Port Orchard Project: Bethel Road Job #: 21-P00836 File Name: Bethel Road Fee Estimate 60% 2023-0328.xism Consultant Fee Determination DIRECT SALARY COST Classification Hours Fully Burdened Rate Principal 0.0 $286.00 PM3 Project Manager 21.0 $184.00 E3 Engineer 87.0 $127.00 Senior Technician 105.0 $149.00 PM1 Project Manager 0.0 $149.00 Senior Planner 0.0 $154.00 T1 Technician 0.0 $100.00 TOTAL SALARY COST SUBCONSULTANTS Parametrix Parametrix Parametrix REIMBURSABLE EXPENSES PHASE 20 PHASE 21 PHASE 22 Subconsultant Fee Subtotal: $0 Subconsultant Markup: 10% SCJ ALLIANCE Template Version: 4/4/2022 Contract Type: Billing Rate Schedule Amount $0.00 $3,864.00 $11,049.00 $15,645.00 $0.00 $0.00 $0.00 Total Salary Cost $30,558.00 Topographic Survey and Right of W; Stormwater Design (PMX) Utility and Illumination Design and i $32,624 $18,175 $8,845 $59,643.57 $5,964.36 Copies, Printing, etc. 0.0% of the Total Salary Costs $0.00 Mileage 100 miles at $0.650 per mile $65.00 Expenses Subtotal: $65.00 Expenses Markup: 0% $0.00 SUBTOTAL (SALARY, SUBCONSULTANTS AND EXPENSES) Subtotal (Salary, Subconsultants and Expenses) $96,230.93 MANAGEMENT RESERVE FUND (MRF) Management Reserve: $0 $0.00 Total Estimated Budget: $96,230.93 Page 200 of 261 3/28/2023 Page 7 of 16Page 1 Back to Agenda Bethel Road PHASE SUMMARY TABLE SCJ ALLIANCE Project#: 21-P00836 Phase # Phase Title SO Hours SG Direct Labor Total Cost PHASE 11 Roadway Design 213.0 $30,558 $30,558 Subtotal 213.0 $30,558.00 $30,558.00 PHASE 20 PHASE 21 PHASE 22 Parametrix Parametrix Parametrix Subconsultant Markup: $32,624 $18,175 $8,845 $5,964 Subtotal $65,607.93 Phase 99 Reimbursable Expenses Reimbursable Markup: $65 $0 Subtotal $65.00 Total $96,230.93 Page 201 of 261 Page 8 of 16 Consultant Labor Hour Estimate SO Alliance Client: City of Port Orchard Project: Bethel Road Job a: 21-POO836 File Name: Bethel Road Fee Estimate 60% 2023-0328.xism Template version: 4/4/2022 Contract Type: Billing Rate Schedule Back to Agenda i� SCJ ALLIANCE Scott Sawyer Patrick Holm Sam Dunn W Matt h GTrent Ryan Shea Eva Ordonez Phase & Phase &Task Title Task No. Principal PM3 Project Manager E3 Engineer Senior Technician PM1 Project Manager Senior Planner T3 Technician Total Direct Labor Hours & Cost PHASE 11 Roadway Design Task 01 Data Collection 1 'Data Collection 2.0 2.0 2 Photographs 1.0 1.0 1.0 3.0 Subtotal Hours: 1.0 3.0 1.0 5.0 Task 02 Roadway Layout 1 Horizontal Layout 1.0 6.0 8.0 15.0 2 Vertical Layout 1.0 10.0 12.0 23.0 Subtotal Hours: 2.0 16.0 20.0 38.0 Task 03 Frontage Design 1 Frontage design 1.0 6.0 6.0 13.0 2 Frontage exhibits 1.0 1.0 3 Review workshop with City 4 Technical Memorandum 1.0 2.0 2.0 5.0 Subtotal Hours: 3.0 8.0 8.0 19.0 Task 04 Channelization 1 Channelization 1.0 3.0 6.0 10.0 2 Technical Memorandum 1.0 3.0 4.0 Subtotal Hours: 2.0 6.0 6.0 14.0 Task 05 Environmental Clearances 1 Area of Potential Effect 1.0 2.0 3.0 2 Site visit 1.0 1.0 3 WSDOT Meeting Subtotal Hours: 2.0 2.0 4.0 Task 06 Task Title 1 60% plans X Cover sheet X Alignment Plans (1 sheet) 1.0 2.0 2.0 5.0 X Typical Roadway sections (1 Sheet) 2.0 2.0 4.0 X Removal Plans (1 Sheet) 1.0 2.0 4.0 7.0 X TESC Plans (1 Sheet) 1.0 2.0 4.0 7.0 X Roadway Plan and Profile (1 Sheets) 1.0 8.0 10.0 19.0 X Sidewalk Ramp Details (1 Sheets) 1.0 8.0 10.0 19.0 X Driveway Details (1 Sheets) 1.0 8.0 8.0 17.0 X Paving Plans (1 Sheets) 1.0 4.0 8.0 13.0 X Signing and Pavement Marking Plans (1 Sheets) 1.0 2.0 4.0 7.0 X Maintenance of Traffic/Staging Plans (2 Sheets) 1.0 8.0 8.0 17.0 Subtotal Hours: 9.0 46.0 60.0 115.0 Task 07 60% Cost Estimate 1 60% Cost Estimate 1.0 4.0 4.0 9.0 Subtotal Hours: 1.0 4.0 4.0 9.0 Task 08 Basis for Design 1 Basis for Design Report 1.0 4.0 4.0 9.0 Subtotal Hours: 1.0 4.0 4.0 222.0 Total Phase Hours: 21.0 87.0 105.0 213.0 Total Phase Direct Labor: $3,864.00 $11,049.00 $15,645.00 $30,558.00 Page 202 of 261 1 of 2 Page 9 of 1 6/28/2023 Consultant Labor Hour Estimate Back to Agenda SO Alliance Client: City of Port Orchard Project: Bethel Road Job a: 21-POO836 File Name: Bethel Road Fee Estimate 60% 2023-0328.xism Template version: 4/4/2022 Contract Type: Billing Rate Schedule SCJ ALLIANCE Scott Sawyer Patrick Holm Sam Dunn Matt Trent Ryan Shea Eva Ordonez Weyrauch Gratham Total Direct Phase & Phase &Task Title Principal PM3 Project E3 Engineer Senior PMl Project Senior T1 Labor Hours & Task No. Manager Technician Manager Planner Technician Cost PHASE 20 Topographic Survey and Right of Way Mapping (PMX) PHASE 21 Stormwater Design (PMX) PHASE 22 Utility and Illumination Design and Coordination (PMX) Total Hours All Phases) 21.0 87.0 105.0 213.0 Total Direct Labor Estimate All Phases $3,864.00 $11,049.00 $15,645.00 $30,558.00 Page 203 of 261 2ar2 Page 10 of 16/28/2023 Back to Agenda ��-4981--4100- — 1 � SCJ ALLIANCE CONSULTING SERVICES Task 20 — Topographic Survey and Right of Way Mapping — Offsite Area (Parametrix) 20.1 Right of Way Determination The CONSULTANT will determine the right way along Salmonberry Road within the limits delineated out in Exhibit C as Offsite Area. The lateral boundary lines adjacent to the right of way lines will also be determined by obtaining title reports for the following Kitsap County tax parcel numbers (also graphically represented in Exhibit C), for a total of 19 parcels: 1. 012301-3-032-2003 1694 SE Salmonberry Road 2. 012301-3-029-2008 1720 SE Salmonberry Road 3. 012301-3-028-2009 1746 SE Salmonberry Road 4. 012301-3-023-2004 1776 SE Salmonberry Road S. 012301-3-022-2005 1804 SE Salmonberry Road 6. 012301-3-020-2007 1858 SE Salmonberry Road 7. 012301-3-019-2000 1880 SE Salmonberry Road 8. 012301-3-018-2001 1906 SE Salmonberry Road 9. 012301-2-079-2009 1601 SE Salmonberry Road 10. 012301-2-171-2006 No Address Found 11. 012301-2-099-2005 1637 SE Salmonberry Road 12. 012301-2-078-0200 1695 SE Salmonberry Road 13. 012301-2-077-2001 1805 SE Salmonberry Road 14. 012301-2-185-2000 No Address Found 1S. 8183-001-001-0009 3992 Thimbleberry Place SE 16. 012301-2-183-2002 No Address Found 17. 012301-2-074-2004 1935 SE Salmonberry Road 18. 012301-2-073-2005 2031 SE Salmonberry Road 19. 012301-3-132-2002 No Address Found A DRAFT right of way plan will be provided that details existing right of way limits and lateral parcel lines abutting the right of way along Salmonberry Road. Two iterations of updates to the right of way plan based on engineering design needs for additional right of way are included in this scope of work. 20.2 Topographic Survey and Base Map The limits of the topographic survey for this task are delineated in Exhibit C as Offsite Area. The CONSULTANT will perform field topographic survey depicting the following: ♦ Existing road centerlines ♦ Location and size of driveway cuts ♦ Sidewalk expansion joints at the project limits Page 204 of 261 Page 11 of 16 Back to Agenda SCJ ALLIANCE CONSULTING SERVICES ♦ Sidewalk, curb, median, and shoulder locations ♦ Edge of pavement and edge of gravel ♦ Grade breaks in pavement ♦ Channelization lines ♦ Buildings, structures, and improvements ♦ Retaining walls ♦ Fences, including size, type, and height ♦ Signs and sign structures including description, size, and post material ♦ Signal poles ♦ Light poles ♦ Tops/ toes of slopes ♦ Trees over 6-inch diameter measured at 4.5 feet above ground level ♦ Critical areas delineators/flags Bethel Road —Amendment 1 March 28, 2023 Page 2 of 4 ♦ Prominent landscape features (hedges, brush lines, boulders, etc.) ♦ Storm drainage structures, including Structures types, pipe sizes, and invert elevations ♦ Sanitary sewer structures, including Structures types, pipe sizes, invert elevations ♦ Water line structures ♦ Water valves, including measurement to top of nut, meters, blow offs, and hydrants ♦ Aboveground power and other franchise utility structures, including cabinets, pedestals, utility poles, guy anchors, risers and overhead wires ♦ Other below- and above- ground franchise utilities including vaults, junction boxes, and conduits CONSULTANT will perform survey data backup by downloading and backing up survey data daily. Survey data will be compiled into a digital AutoCAD base map. A field check of topographic survey map will occur and updates to the survey map will be completed based on field edits. Task 20 Understanding ♦ CONSULTANT has accounted for the cost of an independent utility locating service to identify the location of existing underground conductible utilities. ♦ Survey work will not require agency permits. ♦ Traffic control deemed necessary to complete survey work will be provided and coordinated by the City of Port Orchard. ♦ CONSULTANT personnel will not access any area/roadway that is deemed unsafe for any reason. ♦ City of Port Orchard will obtain right of entry within the project site. CONSULTANT will provide City of Port Orchard a list of properties for which right of entry needed. ♦ No field staking will be required. ♦ A Record of Survey is not required, this task does include setting of monuments at the property corners. ♦ This task does not include resolution of physical encroachments/occupations that may be disclosed by a field survey. ♦ Survey work will be performed under the supervision of a Professional Land Surveyor (PLS) licensed in the State of Washington. Page 205 of 261 Page 12 of 16 Back to Agenda Bethel Road —Amendment 1 SCJ ALLIANCE March 28, 2023 CONSULTING SERVICES Page 3 of 4 ♦ Project mapping limits are delineated in the attached Exhibit C. ♦ City of Port Orchard will provide available maps related to the existing right —of --way for roads described in the project limits. ♦ The horizontal control and vertical datum for the project will be: ♦ Horizontal — North American Datum 1983 with a Realization of 2011 (NAD83/11) ♦ Vertical — North American Vertical Datum of 1988 (NAVD 88) ♦ Units will be US survey feet. ♦ Aerial mapping survey will be contained within the project limits as delineated in Exhibit C. ♦ Base map will be developed using CONSULTANT survey mapping standards. ♦ Field measurements will be captured sufficient to generate a surface file at one -foot contours. ♦ City of Port Orchard will be responsible for the recording and fees associated with the right of way exhibits. ♦ Two revisions to the right of way plan (2 sheets total) are requested by Client. ♦ Up to 19 title reports will be obtained by the CONSULTANT to complete legal description and exhibit map work. Fees for obtaining title reports are included in the survey fee proposal. Parcels are based on preliminary right of way plan from the Bethel Road corridor study. ♦ The lateral property lines adjacent to the right of way will be determined; this does not include the entirety of the parcels. ♦ It is understood that any additional services beyond those included in this scope of work will be authorized in writing by the Client prior to commencement of the "additional service(s)," and the Client will compensate the CONSULTANT for said additional services Task 20 Deliverables ♦ AutoCAD file of topographic survey ♦ Existing surface TIN file ♦ DRAFT right of way plan detailing existing right of way limits and lateral parcel lines abutting the right of way along Salmonberry Road ♦ FINAL right of way plan following two iterations of updates on right of way plan based on engineering design needs for additional right of way and response to City comments Task 21 — Stormwater Design — Offsite Area (Parametrix) This task consists of the sizing and design of stormwater Best Management Practices (BMPs) within Offsite Area as delineated in Exhibit C. This additional project area will be included in all stormwater design calculations and deliverables associated with Task 7 of the initial contract as executed on August 30, 2022. The scope, understanding, and deliverables associated with Task 7 apply to this task. Up to two additional plan sheets will be included to capture this new area. There are no separate design deliverables that will be included as part of this task. The budget associated with this task accounts for the time needed to include this additional area into the overall project deliverables. Page 206 of 261 Page 13 of 16 Back to Agenda Bethel Road —Amendment 1 SCJ ALLIANCE March 28, 2023 CONSULTING SERVICES Page 4 of 4 Task 22 — Utility and Illumination Design and Coordination — Offsite Area (Parametrix) This task consists of coordinating with the utility purveyors to obtain as -built information for existing utilities within the project limits known as Offsite Area on Exhibit C, preparing a potholing plan, coordinating private utility relocation as necessary during the 60% design phase of the project, and developing 60% franchise utility removal/relocation plans for Bethel Road. This additional project area will be included in all illumination design calculations and deliverables associated with Task 8 of the initial contract as executed on August 30, 2022. The scope, understanding, and deliverables associated with Task 8 apply to this task. Up to two additional plan sheets will be included to capture this new area. There are no separate design deliverables that will be included as part of this task. The budget associated with this task accounts for the time needed to include this additional area into the overall project deliverables. Page 207 of 261 Page 14 of 16 Client: SCJ Alliance Project: Bethel Road Project No: 233-5491-029 Back to Agenda O c v f6 o v i c c — '� v N v > v O J on -0 en a o t m r m > J o O v E- U Y C Q m V V) O F Q O Y C 2 Q Y Q N N > uA U O -O C U v Q L Z C U N O v O Y v C C to O u_ O .� O aT+ 3 > v C E U v K N v Y N Y O o O o U v C N u v Q p- O Nai Q O N N O O y O C al C '� N O C a) U (Li p In a) '� m a) w tw w v on T (UC ;' O U a) a0 u al 'p T v a O w a) u 3 u) Vl W d N W In N W d t/1 N 1/) (/) O N $214.24 $108.44 $134.54 $260.09 $131.56 $130.29 $172.14 $188.95 $136.62 $119.20 $196.73 $141.83 $234.73 $94.86 $137.86 $142.60 Billing Rates: Task Subtask Description Labor Dollars Labor Hours 20 Topographic Survey and Right -of -Way Mapping - Offsite Area $19,055.27 133 0 0 0 0 0 34 0 0 0 0 17 4 0 4 46 28 20 01 Right of Way Determination $9,632.75 65 4 11 2 2 18 28 20 02 Topographic Survey and Base Map $9,422.51 68 30 6 2 2 28 21 Preliminary Stormwater Design - Offsite Area $18,175.27 122 0 24 5 0 38 0 2 35 6 6 0 0 6 0 0 0 21 01 Stormwater Management Plan $1,570.89 11 3 6 2 21 1 02 1 60% Plans $2,657.48 21 12 1 6 1 3 21 03 60% Cost Estimate $2,657.48 21 12 6 3 21 04 Specifications $2,300.94 14 6 8 21 05 Basis of Design Report $1,625.30 11 2 6 3 21 06 Task Management $7,363.18 44 8 2 16 6 6 6 22 Preliminary Utility and Illumination Design and Coordination - Offsite Area $8,844.73 40 34 0 0 6 0 0 0 0 0 0 0 0 0 0 0 0 22 01 Utility Coordination $1,713.93 8 8 22 02 Illumination Design $1,285.45 6 6 22 03 60% Plans $2,999.37 14 14 22 04 60% Cost Estimate $428.48 2 2 22 05 Specifications 1 $428.481 2 2 22 06 Basis of Design Report 1 $428.481 21 2 22 07 CA/QC 1 $1,560.541 61 1 1 1 6 Labor Totals: $46,075.271 2951 341 241 51 61 381 341 21 351 61 61 171 41 61 41 461 28 Totals: 1 $46,075.271 1 $7,284.191 $2,602.511 $672.701 $1,560.541 $4,999.431 $4,429.961 $344.291 $6,613.081 $819.701 $715.171 $3,344.341 $567.301 $1,408.391 $379.441 $6,341.42 $3,992.80 Subconsultants Applied Professional Services Inc $2,600.00 Title Reports $7,328.30 Subconsultants Total: $9,928.30 Other Direct Expenses Mileage $120.00 Survey Equipment ($160/Use) $3,520.00 Other Direct Expenses Total: $3,640.00 Project Total $59,643.57 3/28/2023 Page 208 of 261 BudgetReport_2335491029_Amendl.xlsx Page 15 of 16 Back to Agenda Exhibit C -_-_012301--1y-200'2 Page 209 of 261 Page 16 of 16 Back to Agenda CITY OF PORT ORCHARD Authorization for Amendment No. 1 Date: February 10, 2023 Project: Bethel Phase 1- Street Improvement Project Contract / Job # C083-22 Contractor: Shea Carr & Jewel, Inc dba SCJ Alliance 8730 Tallon Ln NE, Ste200 Lacey, WA 98516 THIS AMENDMENT AUTHORIZES THE FOLLOWING CHANGES TO THE AGREEMENT: A time only extension - extending the duration of the Agreement to March 31, 2024. C083-22, Section 4 Duration of Agreement is amended to read as follows: This Agreement shall be in full force and effect for a period commencing on August 9, 2022 and ending March 31, 2024 unless sooner terminated under the provisions of this Agreement. 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. This Time Only amendment is needed to allow work to proceed past conceptual design through 60% design and preliminary Right of Way. Contract History Amount Sales Tax Total Date Appvd b Original Contract $624,292.45 $0.00 $624,292.45 09-Au -22 Council Amendment 1 $0.00 $0.00 $0.00 10-Feb-23 PW Director Total Contract $624,292.45 $0.00 $624,292.45 I have reviewed the Amendment information above and certifv that to the best of my knowledee descriptions and costs are true and accurate. Consultant Approval Signature Scott Sawyer, Principal Printed Name & Title Ct,-' - %- 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 amount established by City Council can be approved by the Public Approved: Works Director. Change Orders that do not exceed 10%, with a maximum of $100,000, of either legally authorized budget limit or contract Attest: 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 SCJ Alliance -Bethel Phl.doc Page 210 of 261 DocuSign Envelope ID: 548F119A-66D9-454C-B279-8E10A7B7D3D2 Back to Agenda Port Orchard Contract #: 083-22 Authorized Amount: $624,292.45 Date Start: August 9, 2022 Date End: March 31, 2023 CONSULTANT SERVICES AGREEMENT Shea Carr & Jewell, Inc dba SCJ Alliance THIS AGREEMENT is entered into by and between the City of Port Orchard, Washington, a municipal corporation organized under the laws of the State of Washington ("City") and Shea Car & Jewell, Inc. dba SCJ Alliance ("Consultant") organized under the laws of the State of Washington, located and doing business at 8730 Tallon Ln NE, Ste 200 (hereinafter the "Consultant"). RECITALS: WHEREAS, the City desires to have certain services performed for its residents; and WHEREAS, the City has selected the Consultant to perform such services pursuant to certain terms and conditions; and WHEREAS, the City complied with the requirements for hiring Consultant contained in Chapter 062-11I11:Z��JiI NOW, THEREFORE, in consideration of the mutual benefits and conditions set forth below, the parties agree as follows: AGREEMENT: 1. Scope of Services to be Performed by Consultant. The Consultant shall perform those services described on Exhibit "A," which is attached hereto and incorporated herein bythis reference as if set forth in full. In performing such services, the Consultant shall at all times comply with all federal, state, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Consultant shall perform the services diligently and completely and in accordance with professional standards of conduct and performance. The Consultant shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. If the services provided hereunder are funded in whole or in part under a Grant Funding Agreement, then Consultant will comply with the terms of such Grant Funding Agreement to ensure that the City is able to obtain the maximum funding under such Grant Funding Agreement. If this applies, the City will provide the Consultant with a copy of the Grant Funding Agreement. City of Port Orchard and Shea Carr & Jewel, Inc dba SCJAlliance Public Works Project No.PW2021-002 Professional Service Agreement Contract No. C083-22 Updated 4/2022 IBDR Page 211 of 261 Page 1 of 51 DocuSign Envelope ID: 548F119A-66D9-454C-B279-8E10A7B7D3D2 Back to Agenda 2. Compensation. The City shall pay the Consultant for services rendered according to the rates and methods set forth below. ❑ LUMP SUM. Compensation for these services set forth in Exhibit A shall be a Lump Sum of $ 0 TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed $624,292.45 without written authorization and will be based on the list of billing rates and reimbursable expenses attached hereto as Exhibit "B." ❑ TIME AND MATERIALS. Compensation for these services shall be on a time and materials basis according to the list of billing rates and reimbursable expenses attached hereto as Exhibit ❑ OTHER 3. Payment. A. The Consultant shall maintain time and expense records and provide them to the City monthly after services have been performed, along with monthly invoices in a format acceptable to the City for work performed to the date of the invoice. B. All invoices shall be paid by City warrant within thirty (30) days of receipt of a proper invoice. If the City objects to all or any portion of any invoice, it shall so notify the Consultant of the same within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in dispute, and the Parties shall immediately make every effort to settle the disputed portion. C. The Consultant shall keep cost records and accounts pertaining to this Agreement available for inspection by City representatives for three (3) years after final payment unless a longer period is required by a third -party agreement. Copies shall be made available on request. D. On the effective date of this Agreement (or shortly thereafter), the Consultant shall comply with all federal and state laws applicable to independent contractors, including, but not limited to, the maintenance of a separate set of books and records that reflect all items of income and expenses of the Consultant's business, pursuant to Revised Code of Washington (RCW) 51.08.195, as required by law, to show that the services performed by the Consultant under this Agreement shall not give rise to an employer -employee relationship between the parties, which is subject to Title 51 RCW, Industrial Insurance. City of Port Orchard and Shea Carr & Jewel, Inc dba SCJAlliance Public Works Project No.PW2021-002 Professional Service Agreement Contract No. C083-22 Updated 4/2022 IBDR Page 212 of 261 Page 2 of 51 DocuSign Envelope ID: 548F119A-66D9-454C-B279-8E10A7B7D3D2 Back to Agenda E. If the services rendered do not meet the requirements of the Agreement, the Consultant will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. The City shall pay the Consultant for services rendered within ten (10) days after City Council voucher approval. However, if the City objects to all or any portion of an invoice, it shall notify Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the Parties will immediately make every effort to settle the disputed portion. F. The City reserves the right to direct the Consultant's compensated services before reaching the maximum amount. 4. Duration of Agreement. A. This Agreement shall be in full force and effect for a period commencing on August 9, 2022 and ending March 31, 2023 unless sooner terminated under the provisions of this Agreement. The City reserves the right to offer two (2) one-year extensions prior to expiration of the Agreement to retain the Consultant's services. B. Time is of the essence of this Agreement in each and all of its provisions in which performance is required. If delays beyond the Consultant's reasonable control occur, the Parties will negotiate in good faith to determine whether an extension is appropriate. C. The Consultant shall obtain a City of Port Orchard business license prior to commencing work pursuant to a written Notice to Proceed. D. The Consultant is authorized to proceed with services upon receipt of a written Notice to Proceed. 5. Standard of Care. The Consultant represents and warrants that it has the requisite training, skill, and experience necessary to provide the services under this Agreement and is appropriately accredited and licensed by all applicable agencies and governmental entities. Services provided by the Consultant under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing in similar circumstances. 6. Ownership and Use of Documents. A. Ownership. Any records, files, documents, drawings, specifications, data, or information, regardless of form or format, and all other materials produced by the Consultant in connection with the services provided to the City, shall be the property of the City whether the project for which they were created is executed or not. City of Port Orchard and Shea Carr & Jewel, Inc dba SCJAlliance Public Works Project No.PW2021-002 Professional Service Agreement Contract No. C083-22 Updated 4/2022 IBDR Page 213 of 261 Page 3 of 51 DocuSign Envelope ID: 548F119A-66D9-454C-B279-8E10A7B7D3D2 Back to Agenda B. Records preservation. Consultant understands that this Agreement is with a government agency and thus all records created or used in the course of Consultant's work for the City are considered "public records" and are subject to disclosure by the City under the Public Records Act, Chapter 42.56 RCW ("the Act"). Consultant agrees to safeguard and preserve records in accordance with the Act. The City may be required, upon request, to disclose the Agreement, and the documents and records submitted to the City by Consultant, unless an exemption under the Public Records Act applies. If the City receives a public records request and asks Consultant to search its files for responsive records, Consultant agrees to make a prompt and thorough search through its files for responsive records and to promptly turn over any responsive records to the City's public records officer at no cost to the City. 7. Relationship of the Parties; Independent Consultant. The Parties intend that an independent contractor -client relationship will be created by this Agreement. As the Consultant is customarily engaged in an independently established trade which encompasses the specific service provided to the City hereunder, no agent, employee, representative or sub -consultant of the Consultant shall be or shall be deemed to be the employee, agent, representative or sub -consultant of the City. In the performance of the work, the Consultant is an independent contractor with the ability to control and direct the performance and details of the work, the City being interested only in the results obtained under this Agreement. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub - consultants of the Consultant. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents, employees, representatives, and sub -consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work that the Consultant performs hereunder. 8. Indemnification. Consultant shall defend, indemnify, and hold the City, its officers, officials, employees, agents, and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorneys' fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. City of Port Orchard and Shea Carr & Jewel, Inc dba SCJAlliance Public Works Project No.PW2021-002 Professional Service Agreement Contract No. C083-22 Updated 4/2022 IBDR Page 214 of 261 Page 4 of 51 DocuSign Envelope ID: 548F119A-66D9-454C-B279-8E10A7B7D3D2 Back to Agenda IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THIS WAIVER HAS BEEN MUTUALLY NEGOTIATED BY THE PARTIES. The provisions of this section shall survive the expiration or termination of this Agreement. 9. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. A. Minimum Scope of Insurance. Consultant shall obtain insurance of the types described below: limits: Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. ii. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent Consultants and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. iii. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. iv. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance. Consultant shall maintain the following insurance Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. ii. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. iii. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. City of Port Orchard and Shea Carr & Jewel, Inc dba SCJAlliance Public Works Project No.PW2021-002 Professional Service Agreement Contract No. C083-22 Updated 4/2022 IBDR Page 215 of 261 Page 5 of 51 DocuSign Envelope ID: 548F119A-66D9-454C-B279-8E10A7B7D3D2 Back to Agenda C. Other Insurance Provision. The Consultant's Automobile Liability, Commercial General Liability, and Professional Liability insurance policies are to contain, or be endorsed to contain, that they shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A-VII. E. Verification of Coverage. The Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. G. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days' notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. H. No Limitation. Consultant's maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. 10. Record Keeping and Reporting. A. The Consultant shall maintain accounts and records, including personnel, property, financial, and programmatic records, which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed pursuant to this Agreement. The Consultant shall also maintain such other records as may be deemed necessary by the City to ensure proper accounting of all funds contributed by the City to the performance of this Agreement. B. The foregoing records shall be maintained for a period of seven (7) years after termination of this Agreement unless permission to destroy them is granted by the Office of the Archivist in accordance with Chapter 40.14 RCW and by the City. 11. City's Right of Inspection and Audit. A. Even though the Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must City of Port Orchard and Shea Carr & Jewel, Inc dba SCJAlliance Public Works Project No.PW2021-002 Professional Service Agreement Contract No. C083-22 Updated 4/2022 IBDR Page 216 of 261 Page 6 of 51 DocuSign Envelope ID: 548F119A-66D9-454C-B279-8E10A7B7D3D2 Back to Agenda meet the approval of the City and shall be subject to the City's general right of inspection to secure the satisfactory completion thereof. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or become applicable within the terms of this Agreement to the Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations. B. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by the City during the performance of this Agreement. All work products, data, studies, worksheets, models, reports, and other materials in support of the performance of the service, work products, or outcomes fulfilling the contractual obligations are the products of the City. 12. Work Performed at the Consultant's Risk. The Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub -consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held by the Consultant for use in connection with the work. 13. Termination. A. Termination without cause. This Agreement may be terminated by the City at any time for public convenience, for the Consultant's insolvency or bankruptcy, or the Consultant's assignment for the benefit of creditors. B. Termination with cause. This Agreement may be terminated upon the default of the Consultant and the failure of the Consultant to cure such default within a reasonable time after receiving written notice of the default. C. Rights Upon Termination. i. With or Without Cause. Upon termination for any reason, all finished or unfinished documents, reports, or other material or work of the Consultant pursuant to this Agreement shall be submitted to the City, and the Consultant shall be entitled to just and equitable compensation for any satisfactory work completed prior to the date of termination, not to exceed the total compensation set forth herein. The Consultant shall not be entitled to any reallocation of cost, profit or overhead. The Consultant shall not in any event be entitled to anticipated profit on work not performed because of such termination. The Consultant shall use its best efforts to minimize the compensation payable under this Agreement in the event of such termination. Upon termination, the City may take over the work and prosecute the same to completion, by contract or otherwise. City of Port Orchard and Shea Carr & Jewel, Inc dba SCJAlliance Public Works Project No.PW2021-002 Professional Service Agreement Contract No. C083-22 Updated 4/2022 IBDR Page 217 of 261 Page 7 of 51 DocuSign Envelope ID: 548F119A-66D9-454C-B279-8E10A7B7D3D2 Back to Agenda ii. Default. If the Agreement is terminated for default, the Consultant shall not be entitled to receive any further payments under the Agreement until all work called for has been fully performed. Any extra cost or damage to the City resulting from such default(s) shall be deducted from any money due or coming due to the Consultant. The Consultant shall bear any extra expenses incurred by the City in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained, by the City by reason of such default. D. Suspension. The City may suspend this Agreement, at its sole discretion. Any reimbursement for expenses incurred due to the suspension shall be limited to the Consultant's reasonable expenses, and shall be subject to verification. The Consultant shall resume performance of services under this Agreement without delay when the suspension period ends. E. Notice of Termination or Suspension. If delivered to the Consultant in person, termination shall be effective immediately upon the Consultant's receipt of the City's written notice or such date as stated in the City's notice of termination, whichever is later. Notice of suspension shall be given to the Consultant in writing upon one week's advance notice to the Consultant. Such notice shall indicate the anticipated period of suspension. Notice may also be delivered to the Consultant at the address set forth in the "Notices" Section herein. F. Nothing in this Subsection shall prevent the City from seeking any legal remedies it may otherwise have for the violation or nonperformance of any provisions of this Agreement. 14. Discrimination Prohibited. A. The Consultant agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide occupational qualification. B. Violation of this Section shall be a material breach of this Agreement and grounds for cancellation, termination, or suspension of the Agreement by the City, in whole or in part, and may result in ineligibility for further work for the City. 15. Force Maleure. Notwithstanding anything to the contrary in this Agreement, any prevention, delay or stoppage due to strikes, lockouts, labor disputes, acts of God, acts of war, terrorist acts, inability to obtain services, labor, or materials or reasonable substitutes therefor, governmental actions, governmental laws, regulations or restrictions, civil commotions, casualty, actual or threatened public health emergency (including, without limitation, epidemic, pandemic, famine, disease, plague, quarantine, and other significant public health risk), governmental edicts, actions, declarations or quarantines by a governmental entity or health organization, breaches in cybersecurity, and other causes beyond the reasonable control of the Party obligated to perform, regardless of whether such other causes are (i) City of Port Orchard and Shea Carr & Jewel, Inc dba SCJAlliance Public Works Project No.PW2021-002 Professional Service Agreement Contract No. C083-22 Updated 4/2022 IBDR Page 218 of 261 Page 8 of 51 DocuSign Envelope ID: 548F119A-66D9-454C-B279-8E10A7B7D3D2 Back to Agenda foreseeable or unforeseeable or (ii) related to the specifically enumerated events in this paragraph (collectively, a "Force Majeure"), shall excuse the performance of such Party for a period equal to any such prevention, delay or stoppage. To the extent this Agreement specifies a time period for performance of an obligation of either Party, that time period shall be extended by the period of any delay in such Party's performance caused by a Force Majeure. Provided however, that the current COVID-19 pandemic shall not be considered a Force Majeure unless constraints on a Party's performance that result from the pandemic become substantially more onerous after the effective date of this Agreement. 16. Assienment and Subcontract. The Consultant shall not assign or subcontract any portion of the services contemplated by this Agreement without the prior written consent of the City. Any assignment made without the prior approval of the City is void. 17. Conflict of Interest. The Consultant represents to the City that it has no conflict of interest in performing any of the services set forth in Exhibit "A." In the event that the Consultant is asked to perform services for a project with which it may have a conflict, Consultant will immediately disclose such conflict to the City. 18. Confidentiali All information regarding the City obtained by the Consultant in performance of this Agreement shall be considered confidential. Breach of confidentiality by the Consultant shall be grounds for immediate termination. 19. Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will so notify the Consultant and shall not be obligated to make payments for services or amounts incurred after the end of the current fiscal period. This Agreement will terminate upon the completion of all remaining services for which funds are allocated. No penalty or expense shall accrue to the City in the event that the terms of the provision are effectuated. 20. Employment of State Retirees. The City is a "DRS-covered employer" which is an organization that employs one or more members of any retirement system administered by the Washington State Department of Retirement Systems (DRS). Pursuant to RCW 41.50.139(1) and WAC 415-02-325(1), the City is required to elicit on a written form if any of the Contractor's employees providing services to the City retired using the 2008 Early Retirement Factors (ERFs), or if the Contractor is owned by an individual who retired using the 2008 ERFs, and whether the nature of the service and compensation would result in a retirement benefit being suspended. Failure to make this determination exposes the City to significant liability for pension City of Port Orchard and Shea Carr & Jewel, Inc dba SCJAlliance Public Works Project No.PW2021-002 Professional Service Agreement Contract No. C083-22 Updated 4/2022 IBDR Page 219 of 261 Page 9 of 51 DocuSign Envelope ID: 548F119A-66D9-454C-B279-8E10A7B7D3D2 Back to Agenda overpayments. Asa result, before commencing work under this Agreement, Contractor shall determine whether any of its employees providing services to the City or any of the Contractor's owners retired using the 2008 ERFs, and shall immediately notify the City and shall promptly complete the form provided by the City after this notification is made. This notification to DRS could impact the payment of retirement benefits to employees and owners of Contractor. Contractor shall indemnify, defend, and hold harmless the City from any and all claims, damages, or other liability, including attorneys' fees and costs, relating to a claim by DRS of a pension overpayment caused by or resulting from Contractor's failure to comply with the terms of this provision. This provision shall survive termination of this Agreement. 21. Entire Agreement. This Agreement contains the entire agreement between the parties, and no other agreements, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind either of the parties. If there is a conflict between the terms and conditions of this Agreement and the attached exhibits, then the terms and conditions of this Agreement shall prevail over the exhibits. Either party may request changes to the Agreement. Changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. 22. Non -waiver of Breach. The failure of either party to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein contained in one or more instances, shall not be construed to be a waiver or relinquishment of said covenants, agreements, or options, and the same shall be in full force and effect. 23. Modification. No waiver, alteration, modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Consultant. 24. Notices. All notices or other communications required or permitted under this Agreement shall be in writing and shall be (a) personally delivered, in which case the notice or communication shall be deemed given on the date of receipt at the office of the addressee; (b) sent by registered or certified mail, postage prepaid, return receipt requested, in which case the notice or communication shall be deemed given three (3) business days after the date of deposit in the United States mail; or (c) sent by overnight delivery using a nationally recognized overnight courier service, in which case the notice or communication shall be deemed given one business day after the date of deposit with such courier. In addition, all notices shall also be emailed, however, email does not substitute for an official notice. Notices shall be sent to the following addresses: City of Port Orchard and Shea Carr & Jewel, Inc dba SCJAlliance Public Works Project No.PW2021-002 Professional Service Agreement Contract No. C083-22 Updated 4/2022 IBDR Page 220 of 261 Page 10 of 51 DocuSign Envelope ID: 548F119A-66D9-454C-B279-8E10A7B7D3D2 Back to Agenda Notices to the City of Port Orchard shall be sent to the following address: City Clerk City of Port Orchard 216 Prospect Street Port Orchard, Washington 98366 BwaIlace@cityofportorchard.us Phone:360.876.4407 Fax: 360.895.9029 Notices to the Consultant shall be sent to the following address: Patrick Holm, PE, Project Manager 8730 Tallon Lane NE, Suite 200 Lacey, WA 98516 Phone No.: 360-352-1465 Email: patrick.holm@scjalliance.com 25. Resolution of Disputes; Governing Law. A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the term or provision's true intent or meaning. The Mayor shall also decide all questions which may arise between the parties relative to the actual services provided or to the sufficiency of the performance hereunder. B. If any dispute arises between the City and the Consultant under any of the provisions of this Agreement which cannot be resolved by the Mayor's determination in a reasonable time, or if the Consultant does not agree with the Mayor's decision on a disputed matter, jurisdiction of any resulting litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington. C. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In any suit or action instituted to enforce any right granted in this Agreement, the substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorneys' fees from the other Party. 26. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. City of Port Orchard and Shea Carr & Jewel, Inc dba SCJAlliance Public Works Project No.PW2021-002 Professional Service Agreement Contract No. C083-22 Updated 4/2022 IBDR Page 221 of 261 Page 11 of 51 DocuSign Envelope ID: 548F119A-66D9-454C-B279-8E10A7B7D3D2 Back to Agenda 27. Title VI. The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, must affirmatively insure that its contracts comply with these regulations. Therefore, during the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees as follows: A. Compliance with Regulations. The Consultant will comply with the Acts and the Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation, Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made a part of this Agreement. B. Nondiscrimination. The Consultant, with regard to the work performed by it during this Agreement, will not discriminate on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Consultant will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in Appendix A, attached hereto and incorporated herein by this reference, including employment practices when this Agreement covers any activity, project, or program set forth in Appendix B of 49 C.F.R. part 21. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding, or negotiation made by the Consultant for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Consultant of the Consultant's obligations under this Agreement and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP. D. Information and Reports. The Consultant will provide all information and reports required by the Acts, the Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish the information, the Consultant will so certify to the City or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance. In the event of the Consultant's noncompliance with the non- discrimination provisions of this Agreement, the City will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: withholding payments to the Consultant under the Agreement until the contractor complies; and/or City of Port Orchard and Shea Carr & Jewel, Inc dba SCJAlliance Public Works Project No.PW2021-002 Professional Service Agreement Contract No. C083-22 Updated 4/2022 IBDR Page 222 of 261 Page 12 of 51 DocuSign Envelope ID: 548F119A-66D9-454C-B279-8E10A7B7D3D2 Back to Agenda ii. cancelling, terminating, or suspending the Agreement, in whole or in part. F. Incorporation of Provisions. The Consultant will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Consultant will take action with respect to any subcontract or procurement as the City or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Consultant becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Consultant may request the City to enter into any litigation to protect the interests of the City. In addition, the Consultant may request the United States to enter into the litigation to protect the interests of the United States. 28. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. 29. Severability. Any provision or part of this Agreement held to be void or unenforceable under any law or regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon the City and the Consultant, who agree that the Agreement shall be reformed to replace such stricken provision or part with a valid and enforceable provision that comes as close as reasonably possible to expressing the intent of the stricken provision. IN WITNESS WHEREOF, the City and the Consultant have executed this Agreement as of the dates listed below. CONSULTANT By: Scott Sawyer 410 tL�� Title: Principal Date: 8/11/22 CITY OF PORT ORCHARD 1,y 110111'fitrrr/ `,� QORT Q�C ` GpFi7 O R4Y SEAT �cs' E10k 46�FINA'��,• City of Port Orchard and Shea Carr & Jewel, Inc dba SCJAlliance Public Works Project No.PW2021-002 Professional Service Agreement Contract No. C083-22 Updated 4/2022 IBDR DocuSigned by: I�otic,v� Pu�-A�c &SWs . By: eeeeseeE�4e .. Robert Putaansuu, Mayor 8/17/2022 Date: ATTEST/AUTHENTICATE aDocuSigned by: 1NAUAtt Brandy Wallace, MMC, City Clerk Page 223 of 261 Page 13 of 51 DocuSign Envelope ID: 548F119A-66D9-454C-B279-8E10A7B7D3D2 Back to Agenda APPROVED AS TO FORM Docu)Signed by: Port Orchard City Attorney's Office City of Port Orchard and Shea Carr & Jewel, Inc dba SCJAlliance Public Works ProjectNo.PW2021-002 Professional Service Agreement Contract No. C083-22 Updated 4/2022 IBDR Page 224 of 261 Page 14 of 51 DocuSign Envelope ID: 548F119A-66D9-454C-B279-8E10A7B7D3D2 Back to Agenda EXHIBIT A Scope of Services to be Provided by Consultant. The Consultant shall furnish services including, but not limited to, the following outlined below as Exhibit A. City of Port Orchard and Shea Carr & Jewel, Inc dba SCJAlliance Public Works Project No.PW2021-002 Professional Service Agreement Contract No. C083-22 Updated 4/2022 IBDR Page 225 of 261 Page 15 of 51 DocuSign Envelope ID: 548F119A-66D9-454C-B279-8E10A7B7D3D2 Back to Agenda 1�� SCJ ALLIANCE CONSULTING SERVICES Exhibit A Scope of Work Bethel Road Port Orchard, WA Prepared For: Mark Dorsey, PE, Director of Public Works/City Engineer Chris Hammer, PE, Assistant City Engineer Prepared By: Patrick Holm, PE, Project Manager Date Prepared: July 28, 2022 Overview Bethel Road SE connects Port Orchard north to SR166/ Bay Street, the waterfront, and south to SR160. This corridor forms a business loop connecting to SR16. It serves as the primary arterial for the Bethel/Sedgwick and Bethel/Lund countywide centers and provides a multitude of retail destinations for the community. The existing Bethel Road corridor between Sedgwick Road and Lund Avenue is generally one travel lane in either direction with no sidewalk or bike facilities. Development between Sedgwick Road and Lund Avenue is poised to increase the traffic volume on this portion of the corridor. The Bethel Road cross section is approximately two 11-foot travel lanes and 4-foot shoulders on either side. In 2018, SCJ Alliance consulted with the City of Port Orchard to prepare the Bethel Road and Sedgwick Road Corridor Plan to develop the character of the corridor and identify the roadway cross sections, potential right-of- way needs, and multimodal facilities. A central portion of the corridor was part of Phase 1 of the corridor plan. Phase 1 recommends roundabout intersections at Blueberry Road and Salmonberry Road to provide safer intersections and accommodate traffic growth. The construction of roundabouts will also provide the framework for future multimodal facilities with bike lanes and sidewalk along the corridor. The extent of the work is as identified for Phase 1 in the final draft of the Plan and includes stormwater conveyances north to planned facilities at City owned parcel 1-066 and south to wetland complex south of SR160/ Sedgwick. The goal of this project will be to progress design to plan for right of way acquisition and to position for future grant opportunities. The work will consist of the following Tasks: ♦ Task 1— Project Management ♦ Task 2 —Topographic Survey and Right of Way Mapping (by Parametrix) ♦ Task 3 — Geotechnical Exploration (by Olson) ♦ Task 4 — Permitting Scoping and Environmental Evaluation (GeoEngineers) ♦ Task S — Roadway Design Page 226 of 261 Page 16 of 51 DocuSign Envelope ID: 548F119A-66D9-454C-B279-8E10A7B7D3D2 Back to Agenda �� SC.J ALLIANCE CONSULTING SERVICES ♦ Task 6 — Stormwater Design (by Paramtrix) ♦ Task 7 — Utility Design and Coordination (by Paramterix) ♦ Task 8 — Public Involvement ♦ Task 9 —Preliminary Right -of -Way Review (by Tierra) Bethel Road July 28, 2022 Page 2 of 21 Task 1 — Project Management This Task includes Subtasks to plan, manage, and administer the work; attend project meetings and City Council study sessions; and provide quality assurance/quality control. 1.1 Project Planning 1.1.1 Project Management Plan 1) Prepare a Project Management Plan to document the elements listed below. Implementation of the plan elements is not included in this Subtask budget. ♦ Project Vision ♦ Project Objective ♦ Project Description ♦ Critical Success Factors ♦ Operating Guidelines ♦ Roles and Responsibilities ♦ Contact List ♦ Scope of Services ♦ Budget ♦ Schedule ♦ Project Reporting ♦ Document Management ♦ Change Management Plan ♦ QA/QC Management Plan 1.2 Management 1) Management: Manage the project by directing and supervising staff and reviewing work for the duration of the project. This management is for the overall work rather than specific Tasks/Subtasks. 2) Schedule and Budget: Develop a critical path project schedule to match the scope of work. Identify Subtask durations, predecessors, CITY reviews, deliverables, and milestones. Review and update the schedule monthly and submit to the City on the first of each month. Monitor earned value and actual costs on a bi-weekly basis. Provide monthly billing statements to the City including overall budget and schedule confirmation and review for each progress billing period. Page 227 of 261 Page 17 of 51 DocuSign Envelope ID: 548F119A-66D9-454C-B279-8E10A7B7D3D2 Back to Agenda _4111110- 40- Bethel Road SCJ ALLIANCE July 28, 2022 CONSULTING SERVICES Page 3 of 21 1.3 Administration 1) Monthly Progress Reports: Review and verify bi-weekly project charges. Prepare and submit a monthly progress report. Monthly progress reports will show: (1) work performed last month, (2) work planned this month, (3) schedule and budget status (including a 3-line earned value chart), (4) a summary of scope changes/added value, and (5) items needed from the CITY and/or others. 2) Progress Billings: Prepare a monthly progress bill with monthly progress reports attached. Bills will show staff hours for each Task (i.e., Task 1: Project Management). 3) Filing: Develop a project filing system and maintain project files in one centralized location. Periodically purge draft and redundant documents. 4) Subconsultant Administration: Execute and administer sub agreements. Review and approve monthly invoices. 1.4 Project Meetings 1) Weekly Conference Calls: Conduct bi-weekly 60-minute conference calls between the CITY Project Manager and the CONSULTANT Project Manager to review the monthly progress report. 1.5 Quality Assurance/Quality Control 1) Quality Control: Provide senior level review of Subtask deliverables before submittal to the CITY. Quality Assurance: Audit quality check activities and documentation on a periodic basis. Task 1 Understanding ♦ Project management will be provided over a 18-month time frame and the estimated number of meetings and project coordination is reflected in the budget. ♦ Progress billings will be submitted monthly to the City. Task 1 Deliverables ♦ Bi-weekly Progress Report submitted via email in PDF format. ♦ Progress billings submitted monthly submitted via email in PDF format and submitted via US Mail. ♦ MS Project schedule and updates submitted via email in PDF format. Submitted to City at first of each month. ♦ Minutes for Management Meetings submitted via e-mail in PDF format. ♦ Project Management Plan Task 2 — Topographic Survey and Right of Way Mapping (Parametrix) 2.1 Research 1) Research: Research existing survey control and survey monuments related to the rights -of -way and parcel lines. Page 228 of 261 Page 18 of 51 DocuSign Envelope ID: 548F119A-66D9-454C-B279-8E10A7B7D3D2 Back to Agenda 40- Bethel Road SCJ ALLIANCE July 28, 2022 CONSULTING SERVICES Page 4 of 21 2) ROW Review: Review right-of-way map developed in the Bethel Road and Sedgwick Road Corridor Study. 2.2 Survey Control Establish survey control using a combination of Static GPS, Real Time Kinematic (RTK), and conventional survey methods in accordance with industry standards. 1) Field Survey: Perform a field survey to establish horizontal and vertical survey control. Evaluate Survey Control: Evaluate survey control and adjust accordingly. 2) Monument Recovery: Recover existing survey monuments relevant to the re-establishment of existing right of way lines and parcel lines. 2.3 Topographic Survey and Base Map 2.3.1 Topographic Survey The limits of the topographic survey are delineated in Exhibit A. Field Topographic Survey depicting the following: ♦ Existing road centerlines. ♦ Location and size of driveway cuts ♦ Sidewalk expansion joints at the project limits. ♦ Sidewalk, curb, median and shoulder locations. ♦ Edge of pavement and edge of gravel. ♦ Grade breaks in pavement. ♦ Channelization lines. ♦ Buildings, structures, and improvements. ♦ Retaining walls. ♦ Fences, size, type, and height. ♦ Signs and sign structures including description, size, and post material ♦ Signal poles ♦ Light posts ♦ Top / Toe of slopes ♦ Trees over 6-inch diameter measured at 4.5 feet above ground level ♦ Critical Areas Delineators/Flags ♦ Prominent landscape features (hedges, brush lines, boulders, etc.) ♦ Storm drainage structures Structures types, pipe sizes, invert elevations ♦ Sanitary Sewer structures Structures types, pipe sizes, invert elevations ♦ Water line structures Water valves including measurement to top of nut, meters, blow offs and hydrants. ♦ Above ground power structures Page 229 of 261 Page 19 of 51 DocuSign Envelope ID: 548F119A-66D9-454C-B279-8E10A7B7D3D2 Back to Agenda �� SC.J ALLIANCE CONSULTING SERVICES Poles and anchor locations, vaults, and above ground structures. ♦ Signal controllers, service cabinets, transformers, junction boxes, and conductor runs. ♦ Survey underground utility locate markings presented by utility locate services. 2.3.2 Topographic Base Map 1) Survey Data Backup: Download and backup survey data daily. 2) Survey Compilation: Compile survey data into digital AutoCAD base map. 3) Draft Topographic Survey: Draft topographic survey map at 1" = 20' scale. 4) Field Check: Field check topographic survey map. 5) Topographic Update: Update topographic survey map based on field edits. 2.3.3 Ramsey Road Boundary and Topographic Survey 1) Ramsey Road Boundary and Topographic Survey: Bethel Road July 28, 2022 Page 5 of 21 The CONSULTANT will retrace the boundaries of the following nine (9) properties listed below with Kitsap County Tax parcel numbers and obtain title reports: 1. 022301-4-060-2005 1350 SE Salmonberry Rd, 2. 022301-4-101-2006 4100 Ramsey Rd SE, 3. 022301-4-021-2003 4164 Ramsey Rd SE, 4. 022301-4-022-2002 4262 Ramsey Rd SE, 5. 022301-4-016-2000 No site address, 6. 022301-4-017-2009 4145 Ramsey Rd SE, 7. 022301-4-020-2004, No Site Address, 8. 022301-4-048-2002 4513 Ramsey Rd SE, 9. 022301-4-042-2008 4525 Ramsey Rd SE, In addition, the CONSULTANT will perform a topographic survey of the roadway template of the existing Ramsey Road, to provide the width of paved traveled way and the centerline of ditch and to include one more ground shot to obtain the roadway template. The limits of the Ramsey Road topographic survey are delineated in Exhibit B. Field Topographic Survey depicting the following: ♦ Existing road centerlines. ♦ Location and size of driveway cuts ♦ Sidewalk expansion joints at the project limits. ♦ Sidewalk, curb, median and shoulder locations. ♦ Edge of pavement and edge of gravel. ♦ Grade breaks in pavement. ♦ Channelization lines. ♦ Buildings, structures, and improvements. ♦ Retaining walls. Page 230 of 261 Page 20 of 51 DocuSign Envelope ID: 548F119A-66D9-454C-B279-8E10A7B7D3D2 Back to Agenda �� SC.J ALLIANCE CONSULTING SERVICES ♦ Fences, size, type, and height. ♦ Signs and sign structures including description, size, and post material ♦ Signal poles ♦ Light posts ♦ Top / Toe of slopes ♦ Trees over 6-inch diameter measured at 4.5 feet above ground level ♦ Critical Areas Delineators/Flags ♦ Prominent landscape features (hedges, brush lines, boulders, etc.) ♦ Storm drainage structures ♦ Structures types, pipe sizes, invert elevations ♦ Sanitary Sewer structures ♦ Structures types, pipe sizes, invert elevations ♦ Water line structures ♦ Water valves including measurement to top of nut, meters, blow offs and hydrants. ♦ Above ground power structures 2.4 Right -of -Way Plan Bethel Road July 28, 2022 Page 6 of 21 Determine the right way along Bethel Road, Ramsey Rd, Salmonberry Rd and Blueberry Road within the limits delineated out in Exhibit A. The lateral boundary lines adjacent to the right of way lines (Bethel Road, Salmonberry Rd and Blueberry Road) will also be determined, which consist of the following Kitsap County tax parcel numbers (also graphically represented in Exhibit A) total of 32 (thirty parcels): 012301-3-057-0003; 012301-3-056-2004; 012301-3-055-2005; 012301-3-078-2008; 012301-3-077-2009; 012301-3-003-2008; 012301-3-051-2009; 022301-4-113-2002; 022301-4-111-2004; 022301-4-103-2004; 022301-4-025-2009; 022301-4-051-2006; 022301-4-019-2007; 022301-4-018-2008; 022301-4-047-2003; 022301-4-016-2000; 022301-1-002-2002; 012301-3-125-2001; 012301-3-041-2002; 012301-3-040-2003; 012301-3-036-2009; 012301-3-035-2000; 012301-2-096-2008; 012301-2-069-001; 012301-2-068-2002; 012301-2-083-2003; 012301-2-093-2001; 022301-1-004-2000; 022301-1-005-2009; 022301-1-006-2008; 012301-3-033-2002; 012301-2-099-2005 1) DRAFT ROW Plan Sheets: DRAFT right-of-way plan detailing existing right-of-way limits and lateral parcel lines abutting the right-of-way along (Bethel Road, Salmonberry Rd and Blueberry Road). 2) ROW Plan Update: one iteration of updates on right of way plan based on engineering design needs for additional right-of-way. 3) A total of 41 (41) title reports will be ordered on the parcels listed above in section 2.3.3 and 2.4 Task 2 Understanding ♦ The CONSULTANT Team has accounted for the cost of an independent utility locating service to identify the location of existing underground conductible utilities. ♦ Survey work will not require agency permits. ♦ Traffic control deemed necessary to complete survey work will be provided and coordinated by the City of Port Orchard. Page 231 of 261 Page 21 of 51 DocuSign Envelope ID: 548F119A-66D9-454C-B279-8E10A7B7D3D2 Back to Agenda _4111110- 40- Bethel Road SCJ ALLIANCE July 28, 2022 CONSULTING SERVICES Page 7 of 21 ♦ CONSULTANT Team personnel will not access any area/roadway that is deemed unsafe for any reason. ♦ City of Port Orchard will obtain right of entry within the project site. The CONSULTANT Team will provide City of Port Orchard with which properties right of entry is needed. ♦ No field staking will be required. ♦ A Record of Survey is not required, this task does include setting of monuments at the property corners. ♦ This task does not include resolution of physical encroachments/occupations that may be disclosed by a field survey. ♦ Survey work will be performed under the supervision of a Professional Land Surveyor (PLS) licensed in the State of Washington. ♦ Project mapping limits delineated in the attached Exhibit A. ♦ City of Port Orchard will provide maps available related to the existing right-of-way for roads described in the project limits. ♦ PRIOR TO ANY SURVEY WORK — verifv with the Citv EnLyineer the Horizontal Control and Vertical Datum for the project. Horizontal — Survey work to be established on Washington State Coordinate System NAD83/91 per WSDOT survey control monuments near the project vicinity. Vertical —The Vertical Datum for the survey work will reference North American Vertical Datum of 1988 (NAVD 88). ♦ Units will be US Survey Feet. ♦ Base map will be developed using the CONSULTANT Team Survey Mapping Standards. ♦ Field measurements will be captured sufficient to generate a surface file at one -foot contours. ♦ City of Port Orchard will be responsible for the recording and fees associated with the right-of-way exhibits. ♦ Two (2) revisions to the right-of-way plan (2 sheets total). ♦ Up to 41 title reports will be needed to complete legal description and exhibit map work. The City will order the title reports. Parcels are based on preliminary ROW plan from the Bethel Road Corridor Study. ♦ The lateral property lines adjacent to the right of way will be determined, this does not include the entirety of the parcels. Task 2 Deliverables ♦ AutoCAD file of topographic survey. ♦ Existing surface TIN file. ♦ Right of way plan (2 sheets). Task 3 — Geotechnical Exploration (Olson) 3.1 Site Reconnaissance & Explorations Field Locates 1) Gather Data: Gather and review readily available published geologic subsurface information. Utility Locates: Notify the Utility Notification Center ("One Call") for utility clearance and conduct utility locate follow-ups. A private utility locator will also be contracted to locate utilities not identified by the One - Call utility locate service. Page 232 of 261 Page 22 of 51 DocuSign Envelope ID: 548F119A-66D9-454C-B279-8E10A7B7D3D2 Back to Agenda �� Bethel Road SCJ ALLIANCE July 28, 2022 CONSULTING SERVICES Page 8 of 21 2) Drilling Coordination: Coordinate and prepare drilling and traffic control subcontracts and schedules. Traffic Control Support: Assist with generation of traffic control plans and obtain/secure permits for borings prior to starting work. Traffic control services will be scheduled in concert with drilling where traffic control services are necessary. 3.2 Exploration and Testing 1) Borings: Advance a total of 10 to 12 soil borings at agreed -upon target areas. 2) Decommission of Borings: Upon completion of drilling and sampling, the bore holes will be decommissioned in accordance with Washington Administrative Code 173-160. 3) Exploration Supervision: A geotechnical engineer or geologist will coordinate and supervise the explorations, obtain soil samples from the borings, and prepare field logs of conditions encountered. 4) Test Pits: Infiltration facilities may entail 1 to 2 test pits for verification of subsurface soil and ground water conditions and collect soil samples for gradations and other testing requirements. 5) Laboratory Testing: Complete geotechnical laboratory testing to help determine soil classification and pertinent soil properties. The budget includes up to 15 mechanical sieve analyses, 10 organic content (OC) tests, and 10 cation exchange capacity (CEC) tests. 6) Pavement Survey: Complete a general pavement survey while on site. We will look for areas of cracking and distress and attempt to note these, where practical, on our site plan. 3.3 Geotechnical Engineering Analysis 1) Analyze Data: Analyze the data obtained from the field exploration and laboratory testing program to develop geotechnical recommendations to support design and construction of the project. Prepare a draft and final geotechnical report summarizing the results of the field explorations and the engineering conclusions and recommendations. The report will include: ♦ A site map showing the approximate locations of the explorations. ♦ Descriptive logs of the explorations and a summary of the subsurface soil and groundwater conditions encountered in the explorations and results of our laboratory testing. ♦ A general description of pavement distress observed along the corridor. ♦ Recommendations for site grading, including clearing, grubbing, and stripping; temporary and permanent cut slopes; fill placement and compaction criteria; and subgrade preparation in general accordance with the 2020 Washington State Department of Transportation (WSDOT) Standard Specifications (WSDOT 2020). ♦ Recommendations for installation of new stormwater, water, and sewer pipes consisting of trench excavation and retention, a general discussion of construction dewatering requirements, pipe foundation support, pipe bedding and backfill materials, an assessment of the feasibility of utilizing the excavated soil for use as trench backfill, and trench backfill compaction criteria. ♦ Recommended preliminary stormwater infiltration rate and an assessment of preliminary stormwater infiltration based on sieve analysis results from samples obtained in the borings. ♦ Recommended new pavement section design in general accordance with AASHTO 1993 design method, including subbase and subgrade preparation and materials in general accordance with WSDOT Standard Specifications. Page 233 of 261 Page 23 of 51 DocuSign Envelope ID: 548F119A-66D9-454C-B279-8E10A7B7D3D2 Back to Agenda 40- Bethel Road SCJ ALLIANCE July 28, 2022 CONSULTING SERVICES Page 9 of 21 ♦ Luminary light pole design parameters for design of luminary light pole foundations. Our design parameters will be based on Chapter 17 of the WSDOT Geotechnical Design Manual (GDM). ♦ Parameters and soil conditions for retaining wall design. Task 3 Understanding ♦ The simplified method to determine infiltration rates is sufficient for preliminary design of infiltration facilities of samples obtained from the borings (note: a Pilot Infiltration Test will be required to determine actual tested design values). ♦ Preliminary infiltration rates will be provided for the future stormwater facilities in accordance with the 2019 Stormwater Management Manual for Western Washington. ♦ Handling or drilling into contaminated soil is not expected or boring locations will be situated so that potentially contaminated areas will be avoided. ♦ Diamond core drilling services are included and assumed to be satisfactory to advance through concrete underlying asphalt, where/if present. ♦ Along Bethel corridor, it should be planned to work within the City of Port Orchards operational hours Sam to 3pm. For the field work along the road ROW, three business days should be planned for. ♦ The four (4) pond areas should take one day each to complete or about four (4) days. NLO will need to be notified if water is available, fire hydrant, near the site or if a water truck will need to be subcontracted. ♦ Once the other smaller retention facilities have been identified, NLO can provide a better assessment of the time frame and other requirements associated with the scope of work of these facilities. ♦ Task 4 Deliverables ♦ Geotechnical Design Report(s) in PDF via email Task 3 Deliverables ♦ Geotechnical Design Report(s) in PDF via email Task 4 — Permitting Scoping and Environmental Evaluation (GeoEngineers) 4.1 Wetland and Stream Delineation 1) Gather Information: Gather known information regarding habitat conditions at the site, such as the mapped presence of potential wetlands that occur on or adjacent to the project area. We will compile soil, stream and wetland spatial data available from federal, state and local agencies. Additional information such as topographic maps, aerial photographs and street layers will also be reviewed prior to conducting field work and will be used to prepare report documentation as described below. 2) Site Visit: Conduct a site visit to assess the site for wetlands and streams, and mark the wetland boundaries and stream ordinary high water mark (OHWM). The boundaries will be marked in the field with flags and the flags surveyed by others. The CONSULTANT team will follow Port Orchard Municipal Page 234 of 261 Page 24 of 51 DocuSign Envelope ID: 548F119A-66D9-454C-B279-8E10A7B7D3D2 Back to Agenda �� Bethel Road SCJ ALLIANCE July 28, 2022 CONSULTING SERVICES Page 10 of 21 Code (POMC) Chapter 20.162 (Critical Areas Regulations) in identifying and collecting data on the subject wetlands and streams. 3) Delineation: The area of investigation for wetland and stream delineations will be located within the existing ROWS. However, the CONSULTANT Team will investigate areas within 300 feet of the work area and coordinate with the CITY to obtain rights of entries where applicable. The CONSULTANT Team will conduct over the fence observations for potential wetland and stream habitat within 300 feet of the work area but outside of the ROWs in areas where entry is denied. Offsite wetlands and streams will be sketched and locations approximated in areas where entry is denied. 4) Habitat Conservation Areas: Document existing conditions at habitat conservation areas (HCA) that are within the project alignment. 5) Wetland and Stream Delineation Report: Prepare a wetland and stream delineation report that includes elements required by POMC. The report will identify the presence and/or absence of wetland and stream features; clearly describe the wetland category, stream type and buffer requirements. The report will also describe the HCAs within the project area. Figures will be prepared using the surveyed flag locations and project computer aided drafting (CAD) files, that will depict the wetland and stream boundaries, and buffers. In addition, the report will also include an impacts analysis that will look for temporary, permanent and cumulative impacts to critical areas and buffers. A draft report will be prepared and submitted for review and comment. After comments are discussed and incorporated, the final report can be submitted for planning and eventually permit processing. The impact analysis will be completed with coordination from the CONSULTANT team and CITY and once impacts and design has been completed, the needs for the next phase of the project will be evaluated. Once impacts have been identified, level of effort for future permitting needs will also be identified and can be scoped at a future date. Future permitting will include tasks such as preparation of NEPA documentation needed such as Environmental Justice analysis, Hazmat review, ESA consultation and wetland and stream mitigation planning. 4.2 NEPA Project Review 1) NEPA Review: Once preliminary design plans and the wetland and stream delineation have been completed, the CONSULTANT will review the requirements of the Documented Categorical Exclusion (DCE) and identify potential additional assessments and level of effort for analysis that will be needed for the project. Additional assessments could include Endangered Species Act (ESA) consultation, hazmat analysis, environmental justice analysis, and public outreach. These additional assessments and requirements will be scoped at a later phase of the project once design has been completed and a construction timeline is known. 2) WSDOT Coordination: We will work with Washington State Department of Transportation (WSDOT) and the CITY to identify project requirements related to NEPA permitting efforts. It is assumed that we will participate in one conference call with WSDOT, the CITY and project team. 3) WDFW Coordination: Coordinate a meeting with Fish and Wildlife/Department of Natural Resources, Suquamish Tribe, Corps of Engineers and WSDOT to discuss scope of potential stream/wetland impacts. It is assumed that we will participate in one conference call with these regulatory agencies. Page 235 of 261 Page 25 of 51 DocuSign Envelope ID: 548F119A-66D9-454C-B279-8E10A7B7D3D2 Back to Agenda _4111110- 40- Bethel Road SCJ ALLIANCE July 28, 2022 CONSULTING SERVICES Page 11 of 21 4.3 Permit Planning 1) Permit Matrix: Develop a permitting plan and matrix that depicts potential permits needed to complete the project as well as estimated timeline and permit triggers. 2) Agency Coordination: Coordination and conference calls will be needed to coordinate with regulatory agencies and discuss next project steps with the CITY and project team. Understanding • The City of Port Orchard will provide access to the project area for the wetland and stream delineation field efforts and coordinate any rights of entry as needed. • There will be no more than three wetlands identified and two streams. If additional wetlands or streams are identified, a change of scope may be required. • The CITY is not ready to submit for permits at this time and a permitting plan to identify next steps will be sufficient at this phase of the project. • A total of three conference call meetings will be needed to complete this task. Deliverables • Critical Areas Report in PDF format submitted via email. • Permitting plan and matrix in PDF format submitted via email Task 5 — Traffic Validation 5.1 Traffic Analysis 1) Data Review: Collect traffic counts and review transportation -related backup materials and the 2018 Corridor Plan. 2) Volume Forecasts: Review the City's traffic model and evaluate traffic volume forecasts: • Collect and review current traffic volume data. Compare to previous existing count volumes. • Collect and review current City traffic model existing and future volume plots. • Prepare post -processed AM and PM peak hour traffic volume assignments for interim horizon and long- range (20-year) horizon. • Develop graphics showing the existing and future traffic volumes for the primary intersections (Salmonberry Ave and Blueberry Ave). 3) Operational Analysis: Validate Corridor Plan build recommendations. Prepare intersection operational analysis for current year and opening year with existing control and geometry as well as the opening year and 20-year horizon with improvements. Prepare 20-year horizon intersection sensitivity analysis for alternate configurations. We will evaluate Salmonberry Avenue and Blueberry Avenue. 4) Technical Memorandum: Prepare a technical memorandum describing the traffic volume forecast and operational analysis performed. Page 236 of 261 Page 26 of 51 DocuSign Envelope ID: 548F119A-66D9-454C-B279-8E10A7B7D3D2 Back to Agenda _4111110- 40- Bethel Road SCJ ALLIANCE July 28, 2022 CONSULTING SERVICES Page 12 of 21 Task 5 Understanding ♦ Corridor Improvements are assumed to be the build recommendations in the 2018 Corridor Plan with access control improvements between Salmonberry Avenue and Blueberry Avenue. ♦ The CITY will provide traffic model plots to evaluate traffic volumes. ♦ Traffic Counts will be provided by the CITY. Task 5 Deliverables ♦ Traffic Forecasting and Operational Analysis Technical Memorandum submitted via email in PDF format. Task 6 — Roadway Design 6.1 Data Collection 1) Data Collection: Collect available CITY as -built plans. 2) Photographs: Walk the site and provide photo documentation. 6.2 Concept Validation 1) Concept Refinement: Refine roundabout concepts based on Task 5 — Traffic Validation, constructability, and potential environmental impacts. ♦ Prepare final concepts for roundabouts at Salmonberry Avenue and Blueberry Avenue. 2) Ramsey Concept: Refine Ramsey Road concept based on Task 5 —Traffic Validation, constructability, and potential environmental impacts. 3) Basis of Design Memorandum: Prepare a basis of design memorandum that outlines design decisions informing the final roundabout and roadway concepts. Memo will address: ♦ Traffic ♦ Traffic Control/Construction Sequencing ♦ Environmental Impacts 6.3 Roadway Layout 1) Horizontal Layout: ♦ Review concept centerlines for Bethel Road from Salmonberry Road to Sedgwick Road. ♦ Review and refine conceptual roundabout layouts at Salmonberry Road and Blueberry Road and the corridor connecting the two intersections. ♦ Define alignment data (bearing and curve data) for the centerline and define alignment data (station/offset and curve data) for medians, curbs, and edges of pavement. ♦ Develop typical sections for Bethel Road, Salmonberry Road, and Blueberry Road. 2) Vertical Layout: Page 237 of 261 Page 27 of 51 DocuSign Envelope ID: 548F119A-66D9-454C-B279-8E10A7B7D3D2 Back to Agenda 40- Bethel Road SCJ ALLIANCE July 28, 2022 CONSULTING SERVICES Page 13 of 21 ♦ Develop centerline profiles for Bethel Road, Salmonberry Road, and Blueberry Road. ♦ Develop curb return profiles for the Salmonberry Road and Blueberry Road intersections. ♦ Design ADA ramps (type selection and preliminary grades) at the intersections below. 6.4 Roundabout Geometric Design Documentation - Salmonberry 1) Geometric Documentation: Prepare formal geometric design drawings of the following: ♦ Overall Layout Exhibit highlighting design features. ♦ Prepare a table summarizing the roundabout design details, including inscribed diameter, central island diameter, truck apron width, fastest path (radius and speed) for each approach, stopping and intersection sight distances for each approach, and super elevation of the circulating roadway. ♦ Travel Path Exhibits: Provide detailed drawings showing the travel paths for each movement. ♦ Sight Distance Exhibits: Provide detailed drawings showing stopping and intersection sight distance on each leg. ♦ AutoTurn Exhibits: Provide auto turn paths showing design vehicle movements. 2) Preliminary Lighting: Prepare preliminary lighting plans for the project limits. Includes lighting calculations using AG132 software. 3) Preliminary Signing: Prepare preliminary permanent signing plans. 4) Central Island Design: Prepare preliminary drawings of the central island landscaping. 6.5 Roundabout Geometric Design Documentation — Blueberry 1) Geometric Documentation: Prepare geometric design drawings of the following: ♦ Prepare a table summarizing the roundabout design details, including inscribed diameter, central island diameter, truck apron width, fastest path (radius and speed) for each approach, stopping and intersection sight distances for each approach, and super elevation of the circulating roadway. ♦ Travel Path Exhibits: Provide detailed drawings showing the travel paths for each movement. ♦ Sight Distance Exhibits: Provide detailed drawings showing stopping and intersection sight distance on each leg. ♦ Truck Turning Exhibits: Provide vehicle tracking paths showing design vehicle movements. Design vehicle coordination? Special Trucks? 2) Preliminary Lighting: Prepare preliminary lighting plans for the project limits. Includes lighting calculations using AG132 software. 3) Preliminary Signing: Prepare preliminary permanent signing plans. 4) Central Island Design: Prepare preliminary drawings of the central island landscaping. 6.6 Frontage Design 1) Frontage Design: Profile proposed back of sidewalk or edge of pavement for each impacted parcel on Bethel Road and intersection streets. Design each site to integrate proposed improvements with the existing conditions. Page 238 of 261 Page 28 of 51 DocuSign Envelope ID: 548F119A-66D9-454C-B279-8E10A7B7D3D2 Back to Agenda 40- Bethel Road SCJ ALLIANCE July 28, 2022 CONSULTING SERVICES Page 14 of 21 2) Frontage Exhibits: Create a frontage conformance exhibit for each impacted parcel (up to 35 parcels). Each exhibit will include sufficient detail to show the public what the site will look like. The exhibits will include a site plan showing the roadway, sidewalk, existing structures, parking, landscaping, and retaining walls. The exhibits may include cross sections and profiles as necessary to demonstrate how the site will be graded. Each exhibit will be at a scale to fit attractively on 11x17 inch paper. 3) Submit frontage conformance exhibits to the CITY for review. Incorporate revision from one CITY review. 4) Review Workshop with CITY: Submit documents prepared under Subtasks 6.3, 6.4, 6.5, 6.6, 6.7 and 6.8 for City review one week prior to the review workshop. Conduct one (1) design review workshop in Port Orchard with the CITY Project Manager, the CONSULTANT Project Manager and up to two CONSULTANT staff to review work in progress. Revise work according to the design review workshop comments. 5) Technical Memorandum: Prepare a draft technical memorandum and submit to the CITY for review. Revise once per CITY comments. The final memorandum will be included in the Basis of Design Report. The memorandum will describe roadway design including the following information: ♦ Describe standards used to layout the roadway. Explain any variances from these standards. ♦ Discuss the features of the frontage designs. Attach frontage conformance exhibits and roundabout exhibits. 6.7 Channelization 1) Channelization: Review and revise conceptual channelization developed in the Bethel Road and Sedgwick Road Corridor Study. 2) Technical Memorandum: Prepare a traffic technical memorandum describing the basis for design for striping. The technical memorandum shall be included in the Basis for Design Report. Revise the memorandum once per CITY comments. 6.8 Environmental Clearances 1) Area of Potential Effect: Coordinate with the City and CONSULTANT team to prepare an exhibit showing the Area of Potential Effect (APE) to be used in the permitting process. 2) Site Visit: Conduct a site visit to evaluate the project considering anticipated NEPA/SEPA documentation and permitting requirements 3) WSDOT Meeting: Conduct meeting with WSDOT Local Programs to review project and identify potential discipline reports if future project actions/funding required NEPA documentation. 6.9 60% Plans Prepare the following plan types at 1"=20' scale (unless noted otherwise). The number of plan sheets per plan type is shown in parentheses. ♦ Cover Sheet (1 sheet) ♦ Alignment Plans (6 sheet) ♦ Typical Roadway Sections (1 sheet) ♦ Removal Plans (8 sheets) ♦ Temporary Erosion and Sediment Control Plans (6 sheets) ♦ Right -of -Way Plan (8 sheets) (scoped as part of a different task) Page 239 of 261 Page 29 of 51 DocuSign Envelope ID: 548F119A-66D9-454C-B279-8E10A7B7D3D2 Back to Agenda �� SC.J ALLIANCE CONSULTING SERVICES ♦ Roadway Plan and Profile Sheets (16 sheets) ♦ Stormwater Plans (10 sheets) (scoped as part of a different task) ♦ Sidewalk Ramp Details (6 sheets) ♦ Driveway Details (2 sheets) ♦ Paving Plans (8 sheets) ♦ Illumination Plans (6 sheets) (scoped as part of a different task) ♦ Signing and Pavement Marking Plans (6 sheets) ♦ Utility Removal/Relocation Plans (6 sheets) (scoped as part of a different task) ♦ Maintenance of Traffic/Staging Plans (12 sheets) 6.10 Specifications Bethel Road July 28, 2022 Page 15 of 21 1) Project Specifications: Generate a list of specifications needed for the construction documents with identification of non-standard items. 6.11 60% Cost Estimate 1) Cost Estimate ♦ Develop quantities based on the preliminary plans. Bluebeam will be used for quantity backups. ♦ Assign unit costs for quantified items and assign lump sum costs to other items based on professional judgment. ♦ Develop a 60% level construction estimate that includes a 20% contingency. 6.12 Basis for Design Report 1) Draft Basis for Design Report: Prepare an executive summary to describe work completed and decisions made in the 60% design task. Attach technical memorandums, 60% plans, and cost estimates. Submit to the CITY for review. 2) Final Basis for Design Report: Revise the report once per CITY comments. Task 6 Understanding ♦ The layout will follow the general layout from the Bethel Road and Sedgwick Road Corridor Study. ♦ The center and inscribed diameter of the roundabouts have been determined during the Bethel Road and Sedgwick Road Corridor Study project and will not require revisions. ♦ The project will utilize traffic modeling from the Bethel Road and Sedgwick Road Corridor Study project. We will also use this data as a part of the pavement design in Task 3. Additional modeling is not required. ♦ There will be an over the shoulder review by the CITY prior to the 60% package is delivered. Task 6 Deliverables ♦ 60% plans, specials, and Engineer's estimate in PDF submitted via email. ♦ Basis for Design Report in PDF submitted via email. ♦ AG132 data files submitted via email. ♦ AutoCAD files including Civil3D in DWG format submitted via email. Page 240 of 261 Page 30 of 51 DocuSign Envelope ID: 548F119A-66D9-454C-B279-8E10A7B7D3D2 Back to Agenda _4111110- 40- Bethel Road SCJ ALLIANCE July 28, 2022 CONSULTING SERVICES Page 16 of 21 Task 7 — Stormwater Design (Parametrix) This task consists of the sizing and design of stormwater Best Management Practices (BMPs) along the project corridor. The CONSULTANT team will develop a stormwater management plan and 60% stormwater plans and cost estimate in accordance with the 2019 Department of Ecology Stormwater Management Manual for Western Washington (SWMMWW), the 2012 Puget Sound Partnership Low Impact Development Technical Guidance Manual for Puget Sound, and the CITY design and construction standards. 7.1 Stormwater Management Plan 1) Project Basin Delineation: Delineate project basin boundaries, calculate existing and proposed hard surface areas and determine the applicable minimum requirements on a project -wide level. The CONSULTANT team will begin with the basin delineations assumed in the Bethel Road and Sedgwick Road Corridor Study design and refine as necessary. 2) Threshold Discharge Area (TDA) Delineation: Delineate TDA specific boundaries and determine whether any of the TDAs are exempted from minimum requirements. One set of 11"x17" TDA figures for the Project will be generated. 3) Preliminary BMP Sizing & Design: An approved hydrologic model per the CITY Public Works and Engineering Standards Table 7.2.1 will be used to perform preliminary sizing for BMPs. BMPs will be designed to meet applicable standards for all TDAs within the project. 4) Conveyance Sizing & Design: Conveyance sizing and design including inlet spacing will be performed in accordance with the City Public Works and Engineering Standards Section 7.2. The conveyance design will be based on the roadway surface model prepared by the CONSULTANT team. 5) Drainage Memorandum: Prepare a technical memorandum and submit for CITY review. Revise the memorandum once per CITY comments. The memorandum will include: ♦ Basin & TDA delineation data and figures ♦ Identification of the applicable minimum requirements and plan to meet those requirements ♦ Preliminary BMP sizing calculations and modeling output for flow control and treatment BMPs ♦ The 60% stormwater plans prepared under Subtask 7.2 ♦ Conveyance calculations ♦ Additional research needs for potholing and existing conveyance 7.2 60% Plans 1) Prepare the following plan types at 1"=20' scale (unless noted otherwise). The number of plan sheets per plan type is shown in parentheses. ♦ Conveyance Plan & Profile Sheets (8 sheets) ♦ Stormwater BMP Plan Sheets (2 sheets) ♦ Stormwater Details (2 sheets) 7.3 60% Cost Estimate 1) Cost Estimate: Provide support for cost estimate developed in Task 6 including quantities and unit costs for all stormwater items. Bluebeam will be used for quantity backups. Page 241 of 261 Page 31 of 51 DocuSign Envelope ID: 548F119A-66D9-454C-B279-8E10A7B7D3D2 Back to Agenda _4111110- 40- Bethel Road SCJ ALLIANCE July 28, 2022 CONSULTING SERVICES Page 17 of 21 7.4 Specifications 1) Project Specifications: Generate a list of specifications needed for the construction documents with identification of non-standard items. This list will be combined with the overall list of specifications. No standalone deliverables will be created. 7.5 Basis of Design 1) Draft Basis of Design Report: Provide documentation from Stormwater Management Plan to support the Basis of Design. 2) Final Basis of Design Report: Provide documentation from Stormwater Management Plan to support the Basis of Design. Task 7 Understanding ♦ Drainage design for the project is based on section 20.150.060 of the City of Port Orchard Municipal Code which lists the following adopted manuals: 2019 Department of Ecology Stormwater Management Manual for Western Washington (SWMMWW) 2012 Puget Sound Partnership Low Impact Development Technical Guidance Manual for Puget Sound ♦ Appendix 1 of the Western Washington Phase II Municipal Stormwater Permit; and ♦ CITY design and construction standards. ♦ No effort is included for alternatives analysis of stormwater BMPs. The CONSULTANT team will work with the CITY to understand preferences and use engineering judgement to design the most cost effective, space saving, and efficient BMPS for the project. ♦ City comments received on the Draft drainage memorandum, sizing calculations, and figures will be incorporated into the Final version of the drainage memorandum. ♦ A standalone cost estimate or basis of design document will not be prepared for the stormwater utilities. PDFs for quantity backups and a Microsoft Excel spreadsheet with unit costs and quantities for the construction items will be provided to incorporate as part of the overall Basis of Design. ♦ There will be an over the shoulder review by the CITY prior to the 60% package is delivered. One iteration of review comments will be addressed and revisions will be included in the 60% design package. ♦ Conveyance plan & profile sheets will be separate from the roadway profile sheets. ♦ A Stormwater Pollution Prevention Plan (SWPPP) will not be prepared under this scope of work. This will part of the Final Plans package and as a future phase of work. Task 7 Deliverables ♦ DRAFT Drainage Memorandum in Microsoft Word format submitted via email. ♦ FINAL Drainage Memorandum in PDF format submitted via email. ♦ CITY review comment response documentation sheet in PDF format submitted via email. ♦ Stormwater modeling files submitted via email. ♦ Quantity Backups in PDF format submitted via email to SCJ. ♦ Quantities and unit costs in Microsoft Excel format submitted via email to SCJ. Page 242 of 261 Page 32 of 51 DocuSign Envelope ID: 548F119A-66D9-454C-B279-8E10A7B7D3D2 Back to Agenda Bethel Road SCJ ALLIANCE July 28, 2022 CONSULTING SERVICES Page 18 of 21 Task 8 — Utility and Illumination Design and Coordination (Parametrix) This Task consists of coordinating with the utility purveyors to obtain as -built information for existing utilities within the project limits, prepare a potholing plan, coordinate private utility relocation as necessary during the 60% design phase of the project, and develop 60% franchise utility removal/relocation (including undergrounding of power distribution lines and associated telecommunications lines) plans for Bethel Road. 8.1 Utility Coordination 1) Utility Mapping: a) Set up an initial utility coordination meeting during the 60% design phase. This meeting will introduce the project to all utility purveyors within the project limits, allow the team to obtain system maps and as -built drawings, and inform utilities of the project schedule. In addition, the CONSULTANT team will compare the as -built information to the survey base map from Task 2, visible appurtenances, and available GIS information to verify mapping completeness. b) The CONSULTANT team will identify mapping discrepancies with the CITY and utility providers. Utility Conflict Technical Memorandum: c) During this design phase, the CONSULTANT team will identify potential private utility impacts. From there a potholing plan will be prepared to determine which underground utilities require additional information to determine if a true conflict between the existing utility and proposed improvements exists. d) A utility conflict technical memorandum that summarizes the known and potential utility conflicts based on the 60% design for will be submitted for CITY review. e) The CONSULTANT team will revise the memorandum once per CITY comments. Utility Purveyor Coordination: f) This will include up to five (5) video conference call meetings with affected utilities that will take one (1) hour each and be attended by up to one (1) employee. g) The CONSULTANT team will maintain a utility coordination matrix documenting communication with all utilities within the project limits. h) Information obtained from utility purveyor coordination will be included in the utility conflict technical memorandum and used in the development of franchise utility removal/relocation Plans. 8.2 Illumination Design 1) Illumination design will meet the requirements of City of Port Orchard Public Works Engineering Standards (2019), Section 5.6. Per Section 5.6: a) The corridor will include continuous illumination where channelization accommodates additional lanes (including tapers) and at each intersection. Bethel Road is an arterial. b) The street lighting system(s) will conform to the lighting standards noted in Section 5.6.D and supplemented by IES RP-8-00 lighting standards for situations not covered in Section 5.6.D. c) The street lighting system(s) will be installed, owned and maintained by Puget Sound Energy (PSE). d) Fixtures, arms and poles will be as noted in Section 5.6.D.3. Page 243 of 261 Page 33 of 51 DocuSign Envelope ID: 548F119A-66D9-454C-B279-8E10A7B7D3D2 Back to Agenda _4111110- 40- Bethel Road SCJ ALLIANCE July 28, 2022 CONSULTING SERVICES Page 19 of 21 The illumination system(s) will be designed and analyzed for compliance using AGi32 software and .ies files obtained from PSE. Illumination design will include line -loss calculations and preliminary conduit sizing. Design areas for illumination will include roadways (where noted in Section 5.6), intersections and roundabouts. The limits of design areas will be based on the exhibits within WSDOT Design Manual Chapter 1040. The new illumination system(s) will generally replace existing PSE utility mounted fixtures. Since RP-8-00 and City Engineering Section 5.6.D do not cover roundabout illuminance and uniformity, IES RP-8-18 will be used for determining recommended values for roundabout design areas. Design Plans (60%) will be used for purposes of coordination with PSE and establishing a layout that meets City illumination requirements. 8.3 60% Plans 1) Prepare the following plan types at 1"=20' scale (unless noted otherwise). The number of plan sheets per plan type is shown in parentheses. ♦ Illumination Plans (6 sheets) ♦ Franchise Utility Removal/Relocation Plans (6 sheets) 8.4 60% Cost Estimate 1) Cost Estimate: Provide support for cost estimate developed in Task 6 including quantities and unit costs for all utility and illumination items. Bluebeam will be used for quantity backups. 8.5 Specifications 1) Project Specifications: Generate a list of specifications needed for the construction documents with identification of non-standard items. This list will be combined with the overall list of specifications prepared by SCJ. No standalone deliverables will be created. 8.6 Basis of Design 1) Draft Basis of Design Report: Provide utility and illumination documentation to support the Basis of Design. 2) Final Basis of Design Report: Provide utility and illumination documentation to support the Basis of Design. Task 8 Understanding ♦ CITY will provide CITY owned utility as-builts as available. ♦ Physical potholing of existing utilities will be completed at the 90% design stage. ♦ The utility coordination kickoff meeting described in Task 8.1.1 will be attended by up to two (2) staff and will require a total of two (2) hours. The utility coordination kickoff meeting will be held via video conference. A formal agenda and meeting notes will be prepared for this meeting. ♦ The utility purveyor coordination meetings described in Task 8.1.3 will be attended by up to one (1) staff member and require a total of one (1) hour each. These meetings will be held via video conference. A formal agenda and meeting notes will be prepared for this meeting. ♦ Any agreements required to complete utility coordination or relocation work will be prepared by and coordinated by the City Page 244 of 261 Page 34 of 51 DocuSign Envelope ID: 548F119A-66D9-454C-B279-8E10A7B7D3D2 Back to Agenda 40- Bethel Road SCJ ALLIANCE July 28, 2022 CONSULTING SERVICES Page 20 of 21 ♦ It is assumed that franchise Schedule 74 utility removal/relocation (undergrounding) will include all existing overhead franchise utilities except for the transmission lines. Limits will be from North of Salmonberry to somewhere between Sedgewick and Blueberry. For 60%, franchise utility undergrounding Plans will be limited to defining franchise utilities and City involvement, defining a typical cross section of the joint utility trench and lateral trenches, and identifying the general schematic location of the trench(es) on the Plans. No special provisions for franchise utility undergrounding will be submitted at 60%. ♦ Small wireless facility (5G) infrastructure will be assessed at the 60% design stage for potential incorporation in the design of the illumination system at 90%. Task 8 Deliverables ♦ DRAFT Utility Conflict Technical Memorandum in PDF format submitted via email. ♦ FINAL Utility Conflict Technical Memorandum in PDF format submitted via email. ♦ Potholing plan in PDF format submitted via email. ♦ Utility Coordination matrix in Microsoft Excel format submitted via email. ♦ Meeting agendas and notes in Microsoft Word format submitted via email. ♦ A draft illumination memorandum in PDF format outlining illumination design and AG132 data files submitted via email. ♦ AutoCAD files including Civil3D in DWG format submitted via email. Note: Illumination and utility removal/relocation Plans, special provisions, and estimate deliverables are included in Task 6 of this scope of work. Task 9 — Public Involvement 9.1 Public Involvement 1) Property Owner Meetings: Support the City with up to two focus meetings, one for each roundabout. Prepare one exhibit for each roundabout showing the project footprint overlayed on an aerial image. Prepare notes from the meeting to document key decisions and/or action items. 2) Council Meeting Support: Support the City with up to three council meetings (two Transportation Committee meetings and one Council Study session). Prepare exhibits for presentation. Task 9 Understanding ♦ The City will coordinate and arrange meetings and the CONSULTANT team will support. Task 9 Understanding ♦ Meetings summaries for focus meetings and public information meetings submitted in PDF via email. Task 10 — Preliminary Right -of -Way Review (Tierra) This task involves preparing draft right of way funding estimates for providing right-of-way acquisition consultation as the design is developed. Page 245 of 261 Page 35 of 51 DocuSign Envelope ID: 548F119A-66D9-454C-B279-8E10A7B7D3D2 Back to Agenda 40- Bethel Road SCJ ALLIANCE July 28, 2022 CONSULTING SERVICES Page 21 of 21 10.1 Right of Way Funding Estimate 1) Review site use and impacts for each parcel with right-of-way acquisition, up to 35 parcels. Develop a right of way funding estimate for right-of-way and temporary construction easements needed for the project. 10.1.1 Public Outreach Support 1) Attend up to two focus group meetings with impacted property owners. Task 10 Understanding Task 10 Deliverables ♦ Right of Way Funding Estimates in PDF submitted via email. END OF PROPOSAL Page 246 of 261 Page 36 of 51 DocuSign Envelope ID: 548F119A-66D9-454C-B279-8E10A7B7D3D2 Back to Agenda EXHIBIT B Rates for Services to be Provided bV Consultant. The Consultant shall furnish the services in accordance with the rates specified below as Exhibit B. City of Port Orchard and Shea Carr & Jewel, Inc dba SCJAlliance Public Works Project No.PW2021-002 Professional Service Agreement Contract No. C083-22 Updated 4/2022 IBDR Page 247 of 261 Page 37 of 51 DocuSign Envelope ID: 548F119A-66D9-454C-B279-8E10A7B7D3D2 Exhibit B Back to Agenda Consultant Fee Determination Summary Estimate for 2022 SCJ Alliance Client: City of Port Orchard Project: Bethel Road Job #: 21-P00836 File Name: Port Orchard Bethel Road 2022 Work Labor Estimate 2022-0607.xism Consultant Fee Determination DIRECT SALARY COST Classification Hours Fully Burdened Rate Principal 49.0 $286.00 PM3 Project Manager 154.0 $184.00 E3 Engineer 250.0 $127.00 Senior Technician 332.0 $149.00 PM1 Project Manager 0.0 $149.00 Senior Planner 40.0 $154.00 T1 Technician 36.0 $100.00 TOTAL SALARY COST SUBCONSULTANTS SC..J ALLIANCE Template Version: 4/4/2022 Contract Type: Billing Rate Schedule Amount $14,014.00 $28,336.00 $31,750.00 $49,468.00 $0.00 $6,160.00 $3,600.00 Total Salary Cost $133,328.00 Parametrix PHASE 02 Topographic Survey & Right of Way $98,332 Olson PHASE 03 Geotechnical Exploration (Olson) $34,582 GeoEngineers PHASE 04 Permitting Scoping and Environmer $27,471 Parametrix PHASE 07 Stormwater Design (Parametrix) $30,972 Parametrix PHASE 08 Utility and Illumination Design and I Tierra PHASE 10 Preliminary Right of Way Review (Ti Subconsultant Fee Subtotal: $0 $191,357.10 Subconsultant Markup: 10% $19,135.71 REIMBURSABLE EXPENSES Copies, Printing, etc. 0.5% of the Total Salary Costs $666.64 Mileage 500 miles at $0.650 per mile $325.00 Expenses Subtotal: $991.64 Expenses Markup: 0% $0.00 SUBTOTAL (SALARY, SUBCONSULTANTS AND EXPENSES) Subtotal (Salary, Subconsultants and Expenses) $344,812.45 MANAGEMENT RESERVE FUND (MRF) Management Reserve: $0 $0.00 Total Estimated Budget: $344,812.45 Page 248 of 261 Page 38 of 51 6/23/2022 Page 1 DocuSign Envelope ID: 548F119A-66D9-454C-B279-8E10A7B7D3D2 Consultant Labor Hour Estimate Back to Agenda SO Alliance Client: City of Port Orchard Template version: 4/4/2022 Project: Bethel Road Contract Type: Billing Rate Schedule Job x: 21-POO836 File Name: Port Orchard Bethel Road 2022 Work Labor Estimate 2022-0607.xism i� SCJ ALLIANCE Scott Sawyer Patrick Holm Sam Dunn Mreuch Trent Ryan Shea Eva Ordonez W Grathaatt Total Direct Phase & Phase &Task Title Principal PM3 Project E3 Engineer Senior PMl Project Senior T3 Labor Hours & Task No. Manager Technician Manager Planner Technician Cost PHASE O1 Project Management Task 01 Project Planning 1 Prepare a project management plan 1.0 4.0 4.0 9.0 Subtotal Hours: 1.0 4.0 4.0 9.0 Task 02 Management 1 Manage the project by directing a nd su pervising staff a nd reviewing work. 6.0 40.0 46.0 2 Develop critical path project schedule to match scope of work. 4.0 4.0 3 Provide monthly billings 4.0 9.0 13.0 Subtotal Hours: 6.0 48.0 9.0 63.0 Task 03 Administration 1 Monthly progress reports 4.0 4.0 2 Progress Billings 1.0 4.0 9.0 14.0 3 Filing 9.0 9.0 4 Subconsultant administration 9.0 9.0 Subtotal Hours: 1.0 8.0 27.0 36.0 Task 04 Project Meetings 1 Weekly confrerence calls 4.0 18.0 22.0 Subtotal Hours: 4.0 18.0 22.0 Task 05 Quality Assurance/Quality Control Total Phase Hours: 42.0 78.0 4.0 36.0 160.0 Total Phase Direct Labor: $12,012.00 $14,352.00 $508.00 $3,600.00 $30,472.00 PHASE 02 Topographic Survey & Right of Way Mapping (Parametrix) Task 01 Task Title 1 Su btask Title Subtotal Hours: Task 01 Geotechnical Exploration (Olson) 1 Subtask Title Subtotal Hours: Total Phase Hours: Total Phase Direct Labor: PHASE 04 Permitting Scoping and Environmental Evaluation (GeoEngineers) Task 01 Permitting Scoping and Environmental Evaluation (GeoEngineers) 1 Subtask Title Subtotal Hours: Total Phase Hours: Total Phase Direct Labor: PHASE 05 Traffic Validation Page 249 of 261 Page 39 of 51 1 of4 6/7/2022 DocuSign Envelope ID: 548F119A-66D9-454C-B279-8E10A7B7D3D2 Consultant Labor Hour Estimate SO Alliance Client: City of Port Orchard Template version: 4/4/2022 Project: Bethel Road Contract Type: Billing Rate Schedule Job a: 21-POO836 File Name: Port Orchard Bethel Road 2022 Work Labor Estimate 2022-0607.xism Back to Agenda i� SCJ ALLIANCE Scott Sawyer Patrick Holm Sam Dunn Matt Ryan Shea Eva Ordonez W h GTrent Total Direct Phase & Phase & Task Title Principal PM3 Project E3 Engineer Senior PMl Project Senior T3 Labor Hours & Task No. Manager Technician Manager Planner Technician Cost Task 01 Traffic Analysis 1 Data review 2.0 2.0 2 Volume Forecasts 10.0 10.0 3 Operational Analysis 14.0 14.0 4 Prepare Technical Memorandum 1.0 2.0 14.0 17.0 Subtotal Hours: 1.0 2.0 40.0 43.0 Total Phase Hours:1 1.0 2.0 40.0 43.0 Total Phase Direct Labor: $286.00 $368.00 $6,160.00 $6,814.00 PHASE 06 Roadway Design Task 01 Data Collection 1 Data Collection 2.0 2.0 2 Photographs 4.0 4.0 4.0 12.0 Subtotal Hours: 4.0 6.0 4.0 14.0 1 Concept Refinement 2.0 4.0 32.0 38.0 2 Ramsey Concept 4.0 8.0 32.0 44.0 3 Basis of Design Memorandum 2.0 8.0 8.0 18.0 Subtotal Hours: 2.0 10.0 16.0 72.0 100.0 68.0 124.0 192.0 1 2 Geometric Documentation Preliminary Lighting Preliminary Signing Central Island Design 4.0 24.0 40.0 68.0 3 4 Subtotal Hours: 4.0 24.0 40.0 68.0 Task 05 Roundabout Geometric Design Documentation - Blueberry 1 Geometric Documentation 4.0 24.0 40.0 68.0 2 Preliminary Lighting 3 Preliminary Signing 4 Central Island Design Subtotal Hours: 4.0 24.0 40.0 68.0 Task 06 Frontage Design 1 Frontage design 4.0 24.0 24.0 52.0 2 Frontage exhibits 2.0 2.0 3 Review workshop with City 4.0 4.0 4.0 12.0 4 Technical Memorandum 2.0 8.0 4.0 14.0 Subtotal Hours: 12.0 36.0 32.0 80.0 Task 07 Channelization 1 Channelization 2.0 8.0 16.0 26.0 2 Technical Memorandum 2.0 8.0 10.0 Subtotal Hours: 4.0 16.0 16.0 36.0 Task 08 Environmental Clearances 1 Area of Potential Effect 2.0 4.0 Page 250 of 261 2 or 4 6.0 Page 40 of 51 eL2L�o�z DocuSign Envelope ID: 548F119A-66D9-454C-B279-8E10A7B7D3D2 Consultant Labor Hour Estimate Back to Agenda SO Alliance Client: City of Port Orchard Template version: 4/4/2022 Project: Bethel Road Contract Type: Billing Rate Schedule Job x: 21-POO836 File Name: Port Orchard Bethel Road 2022 Work Labor Estimate 2022-0607.xism i� SCJ ALLIANCE Scott Sawyer Patrick Holm Sam Dunn Matt Trent Ryan Shea Eva Ordonez W y amh Gretham Total Direct Phase & Phase & Task Title Principal PM3 Project E3 Engineer Senior PM1 Project Senior T3 Labor Hours & Task No. Manager Technician Manager Planner Technician Cost 2 Site visit 4.0 4.0 3 WSDOTMeeting 2.0 2.0 4.0 Subtotal Hours: 2.0 8.0 4.0 14.0 Task 09 60% plans 1 60% plans x cover sheet (1 sheet) x Alignment Plans (6 sheets) x Typical Roadway sections (1 Sheet) x Removal Plans (8 Sheets) x TESC Plans (6 Sheets) x Roadway Plan and Profile (16 Sheets) x Sidewalk Ramp Details (6 Sheets) x Driveway Details (2 Sheets) x Paving Plans (8 Sheets) x Signing and Pavement Marking Plans (6 Sheets) x Maintenance of Traffic/Staging Plans (12 Sheets) Subtotal Hours: Task 30 Specifications 1 Project Specifications Subtotal Hours: Task 11 60% Cost Estimate 1 60% Cost Estimate 4.0 24.0 24.0 52.0 Subtotal Hours: 4.0 24.0 24.0 52.0 Task 12 Basis for Design Report 1 Draft Basis for Design Report 2 Final Basis for Design Report Subtotal Hours: Task 01 Stormwater Design (Parametrix) 1 Subtask Title Subtotal Hours: Total Phase Hours: Total Phase Direct Labor: PHASE 08 Utility and Illumination Design and Coordination (Parametrix) Task 01 Utility and Illumination Design and Coordination (Parametrix) 1 Subtask Title Subtotal Hours: Task 01 Public Involvement 1 Property Owner Meetings 2 Council Meeting Support 2.0 16.0 8.0 8.0 34.0 Page 251 of 261 Page 41 of 51 3.f4 6/)/2022 DocuSign Envelope ID: 548F119A-66D9-454C-B279-8E10A7B7D3D2 Back to Agenda Consultant Labor Hour Estimate _ SO Alliance SCJ ALLIANCE oo�eoc.eo seeva: Client: City of Port Orchard Template version: 4/4/2022 Project: Bethel Road Contract Type: Billing Rate Schedule Job a: 21-POO836 File Name: Port Orchard Bethel Road 2022 Work Labor Estimate 2022-0607.xism Scott Sawyer Patrick Holm Sam Dunn Matt Trent Ryan Shea Eva Ordonez Weyrauch Gratham Total Direct Phase & Phase &Task Title Principal PM3 Project E3 Engineer Senior PMl Project Senior T1 Labor Hours & Task No. Manager Technician Manager Planner Technician Cost Subtotal Hours: 2.0 16.0 8.0 8.0 34.0 Total Phase Hours: 2.0 16.0 8.0 8.0 34.0 Total Phase Direct Labor: $572.00 $2,944.00 $1,016.00 $1,192.00 $5,724.00 PHASE 10 Preliminary Right of Way Review (Tierra) Task 01 Preliminary Right of Way Review (Tierra) 1 Subtask Title Subtotal Hours: Total Phase Hours: Total Phase Direct Labor: Total Hours All Phases 49.0 154.0 250.0 332.0 40.0 36.0 861.0 Total Direct Labor Estimate All Phases $14,014.00 $28,336.00 $31,750.00 $49,468.00 $6,160.00 $3,600.00 $133,328.00 Page 252 of 261 Page 42 of 51 4 of 4 6/7/2022 DocuSign Envelope ID: 548F119A-66D9-454C-B279-8E10A7B7D3D2 Back to Agenda PHASE SUMMARY TABLE SCJ ALLIANCE Bethel Road Project#: 21-P00836 Phase # Phase Title SCJ Hours SCJ Direct Labor Total Cost PHASE 01 Project Management 160.0 $30,472 $30,472 PHASE 05 Traffic Validation 43.0 $6,814 $6,814 PHASE 06 Roadway Design 624.0 $90,318 $90,318 PHASE 09 Public Involvement 34.0 $5,724 $5,724 Subtotal 861.0 $133,328.00 $133,328.00 PHASE 02 Parametrix $98,332 PHASE 03 Olson $34,582 PHASE 04 GeoEngineers $27,471 PHASE 07 Parametrix $30,972 Subconsultant Markup: $19,136 Subtotal $210,492.81 Phase 99 Reimbursable Reimbursable Expenses Expenses $992 Reimbursable Markup: $0 Subtotal $991.64 Phase 98 $0 Total $344,812.45 Page 253 of 261 Page 43 of 51 DocuSign Envelope ID: 548F119A-66D9-454C-B279-8E10A7B7D3D2 Back to Agenda Consultant Fee Determination Summary Estimate for 2023 SCJ Alliance Client: City of Port Orchard Project: Bethel Road Job #: 21-P00836 File Name: Port Orchard Bethel Road 2023 Work Labor Estimate 2022-0607.xism Consultant Fee Determination DIRECT SALARY COST Classification Hours Fully Burdened Rate Principal 29.0 $286.00 PM3 Project Manager 129.0 $184.00 E3 Engineer 220.0 $127.00 Senior Technician 270.0 $149.00 PM1 Project Manager 48.0 $149.00 Senior Planner 0.0 $154.00 T1 Technician 36.0 $100.00 TOTAL SALARY COST SUBCONSULTANTS SC..J ALLIANCE Template Version: 4/4/2022 Contract Type: Billing Rate Schedule Amount $8,294.00 $23,736.00 $27,940.00 $40,230.00 $7,152.00 $0.00 $3,600.00 Total Salary Cost $110,952.00 Parametrix PHASE 02 Topographic Survey & Right of Way Olson PHASE 03 Geotechnical Exploration (Olson) GeoEngineers PHASE 04 Permitting Scoping and Environmer Parametrix PHASE 07 Stormwater Design (Parametrix) Parametrix PHASE 08 Utility and Illumination Design and I Tierra PHASE 10 Preliminary Right of Way Review (Ti Subconsultant Fee Subtotal: $0 Subconsultant Markup: 10% REIMBURSABLE EXPENSES $37,614 $38,881 $37,019 $38,598 $152,112.04 $15,211.20 Copies, Printing, etc. 0.5% of the Total Salary Costs $554.76 Mileage 1,000 miles at $0.650 per mile $650.00 Expenses Subtotal: $1,204.76 Expenses Markup: 0% $0.00 SUBTOTAL (SALARY, SUBCONSULTANTS AND EXPENSES) Subtotal (Salary, Subconsultants and Expenses) $279,480.00 MANAGEMENT RESERVE FUND (MRF) Management Reserve: $0 $0.00 Total Estimated Budget: $279,480.00 Page 254 of 261 Page 44 of 51 6/7/2022 Page 1 DocuSign Envelope ID: 548F119A-66D9-454C-B279-8E10A7B7D3D2 Back to Agenda Consultant Labor Hour Estimate _ SO Alliance SCJ ALLIANCE Client: City of Port Orchard Template version: 4/4/2022 oo�eoc.eo seeva: Project: Bethel Road Contract Type: Billing Rate Schedule Job x: 21-POO836 File Name: Port Orchard Bethel Road 2023 Work Labor Estimate 2022-0607.xism Scott Sawyer Patrick Holm Sam Dunn Matt Trent Ryan Shea Eva Ordonez Weyrauch Gratham Total Direct Phase & Phase &Task Title Principal PM3 Project E3 Engineer Senior PMl Project Senior Tl Labor Hours & Task No. Manager Technician Manager Planner Technician cost PHASE 01 Project Management Task 01 Project Planning 1 (Prepare a project management plan 1.0 4.0 4.0 9.0 Subtotal Hours: 1.0 1 4.0 4.0 9.0 Task 02 Management 1 Manage the project by directing a nd su pervising staff a nd reviewing work. 6.0 30.0 36.0 2 Develop critical path project schedule to match scope of work. 4.0 4.0 3 Provide monthly billings 4.0 9.0 13.0 Subtotal Hours: 6.0 38.0 9.0 53.0 Task 03 Administration 1 Monthly progress reports 4.0 4.0 2 Progress Billings 1.0 4.0 9.0 14.0 3 Filing 9.0 9.0 4 Subconsultant administration 9.0 9.0 Subtotal Hours: 1.0 8.0 27.0 36.0 Task 04 Project Meetings 1 Weekly confrerence calls 4.0 18.0 22.0 Subtotal Hours: 4.0 18.0 22.0 Task 05 Quality Assurance/Quality Control Total Phase Houml 27.0 68.0 4.0 36.0 135.0 Total Phase Direct Labor: $7,722.00 $12,512.00 $508.00 $3,600.00 $24,342.00 PHASE 02 Topographic Survey & Right of Way Mapping (Parametrix) Task 01 Task Title 1 Subtask Title Subtotal Hours: Task 01 Geotechnical Exploration (Olson) 1 Subtask Title Subtotal Hours: Total Phase Hours: Total Phase Direct Labor: PHASE 04 Permitting Scoping and Environmental Evaluation (GeoEngineers) Task 01 Permitting Scoping and Environmental Evaluation (GeoEngineers) 1 Subtask Title Subtotal Hours: Page 255 of 261 Page 45 of 51 1 of 4 b/7/2022 DocuSign Envelope ID: 548F119A-66D9-454C-B279-8E10A7B7D3D2 Consultant Labor Hour Estimate Back to Agenda SO Alliance Client: City of Port Orchard Template version: 4/4/2022 Project: Bethel Road Contract Type: Billing Rate Schedule Job a: 21-POO836 File Name: Port Orchard Bethel Road 2023 Work Labor Estimate 2022-0607.xism i� SCJ ALLIANCE Scott Sawyer Patrick Holm Sam Dunn Matt Ryan Shea Eva Ordonez W h GTrent Total Direct Phase & Phase & Task Title Principal PM3 Project E3 Engineer Senior PMl Project Senior T3 Labor Hours & Task No. Manager Technician Manager Planner Technician Cost Task 01 Traffic Analysis 1 Data review 2 Volume Forecasts 3 Operational Analysis 4 Prepare Technical Memorandum Subtotal Hours: PHASE 06 Roadwav Desien Task 01 Data Collection Task 02 Concept Validation 1 Concept Refinement 2 Basis of Design Memorandum Subtotal Hours: Task 03 Roadway Layout Task 04 Roundabout Geometric Design Documentation - Salmonberry 1 Geometric Documentation 2 Preliminary Lighting 2.0 12.0 14.0 3 Preliminary Signing Central Island Design 2.0 12.0 14.0 4 2.0 24.0 26.0 Subtotal Hours: 6.0 24.0 24.0 54.0 Task 05 Roundabout Geometric Design Documentation - Blueberry 1 Geometric Documentation Preliminary Lighting Preliminary Signing Central Island Design 2 2.0 12.0 14.0 3 2.0 12.0 14.0 4 2.0 24.0 26.0 Subtotal Hours: 6.0 24.0 24.0 54.0 Task 06 Frontage Design 1 Frontage design 2 Frontage exhibits 3 Review workshop with City 4 Technical Memorandum Subtotal Hours: Task 07 Channelization 1 Channelization 2 Technical Men Task 08 Environmental Clearances 1 Area of Potential Effect 2 Site visit Subtotal Hours: Page 256 of 261 Page 46 of 51 2 or 4 ei2i2022 DocuSign Envelope ID: 548F119A-66D9-454C-B279-8E1OA7B7D3D2 Consultant Labor Hour Estimate Back to Agenda SO Alliance Client: City of Port Orchard Project: Bethel Road Job a: 21-P00836 File Name: port Orchard Bethel Road 2023 Work Labor Estimate 2022-0607.xism Template version: 4/4/2022 Contract Type: Billing Rate Schedule Sawyer SCJ ALLIANCE Sam Dunn Weymuch I GTrentrathaRyan Shea Eva Ordonez Phase & Phase &Task Title Principal E3 Engineer PM3 Project Senior PI Project Senior Tl Total Direct Task No. Manager Technician Manager Planner Technician Labor Hours & Cost 3 WSDOT Meeting Subtotal Hours: Task 09 60% plans 1 60% plans cover sheet (1 sheet) Alignment Plans (6 sheets) Typical Roadway sections (1 Sheet) Removal Plans (8 Sheets) TESC Plans (6 Sheets) X 1.0 2.0 3.0 X 1.0 8.0 8.0 17.0 X 1.0 4.0 4.0 9.0 X 1.0 8.0 16.0 25.0 X 1.0 8.0 8.0 17.0 x Roadway Plan and Profile (16 Sheets) 4.0 40.0 40.0 84.0 X Sidewalk Ramp Details (6 Sheets) 4.0 24.0 24.0 52.0 x Driveway Details (2 Sheets) 2.0 12.0 16.0 30.0 X Paving Plans (8 Sheets) 4.0 8.0 16.0 28.0 X Signing and Pavement Marking Plans (6 Sheets) 2.0 8.0 16.0 26.0 x Maintenance of Traffic/Staging Plans (12 Sheets) 4.0 40.0 40.0 84.0 Subtotal Hours: 25.0 160.0 190.0 375.0 Task 10 Specifications 1 Project Specifications 4.0 4.0 8.0 Subtotal Hours: 4.0 4.0 8.0 Task 11 60% Cost Estimate 1 60% Cost Estimate Subtotal Hours: Task 12 Basis for Design Report Total Phase Houml 53.0 200.0 254.0 48.0 555.0 Total Phase Direct Labor: $9,752.00 $25,400.00 $37,846.00 $7,152.00 $80,150.00 PHASE 07 Stormwater Design (Parametrix) Task 01 Stormwater Design (Parametrix) 1 Su btask Title Subtotal Hours: Total Phase Hours: Total Phase Direct Labor: PHASE 08 Utility and Illumination Design and Coordination (Parametrix) Task 01 Utility and Illumination Design and Coordination (Parametrix) 1 Subtask Title Subtotal Hours: Total Phase Hours: Total Phase Direct Labor: PHASE 09 Public Involvement Task 01 Public Involvement 1 Property Owner Meetings 2.0 8.0 16.0 16.0 42.0 2 Council Meeting Support Subtotal Hours:l 2.0 8.0 16.0 16.0 142.0 Page 257 of 261 Page 47 of 51 3 of 4 6/7/2022 DocuSign Envelope ID: 548F119A-66D9-454C-B279-8E10A7B7D3D2 Consultant Labor Hour Estimate Back to Agenda SO Alliance Client: City of Port Orchard Template version: 4/4/2022 Project: Bethel Road Contract Type: Billing Rate Schedule Job a: 21-POO836 File Name: Port Orchard Bethel Road 2023 Work Labor Estimate 2022-0607.xism SCJ ALLIANCE Scott Sawyer Patrick Holm Sam Dunn Matt Trent Ryan Shea Eva Ordonez Weyrauch Gratham Total Direct Phase & Phase &Task Title Principal PM3 Project E3 Engineer Senior PMl Project Senior T1 Labor Hours & Task No. Manager Technician Manager Planner Technician Cost Total Phase Hours: 2.0 8.0 16.0 16.0 42.0 Total Phase Direct Labor: $572.00 $1,472.00 $2,032.00 $2,384.00 $6,460.00 PHASE 10 Preliminary Right of Way Review (Tierra) - Task 01 Preliminary Right of Way Review (Tierra) 1 Subtask Title Subtotal Hours: Total Phase Hours: Total Phase Direct Labor: Total Hours All Phases 29.0 129.0 220.0 270.0 48.0 36.0 732.0 Total Direct Labor Estimate All Phases $8,294.00 $23,736.00 $27,940.00 $40,230.00 $7,152.00 $3,600.00 $110,952.00 Page 258 of 261 Page 48 of 51 4 of 4 6,17,12022 DocuSign Envelope ID: 548F119A-66D9-454C-B279-8E10A7B7D3D2 Back to Agenda PHASE SUMMARY TABLE SCJ ALLIANCE Bethel Road Project#: 21-P00836 Phase # Phase Title SO Hours SG Direct Labor Total Cost PHASE 01 Project Management 135.0 $24,342 $24,342 PHASE 06 Roadway Design 555.0 $80,150 $80,150 PHASE 09 Public Involvement 42.0 Subtotal 732.0 $110,952.00 $110,952.00 PHASE 02 Parametrix $37,614 PHASE 07 Parametrix $38,881 PHASE 08 Parametrix PHASE 10 Tierra Subconsultant $37,019 $38,598 Subtotal $167,323.24 Reimbursable Expenses Phase 99 Reimbursable Expenses $1,205 Reimbursable Markup: $0 Subtotal $1,204.76 Management Reserve Fund (MRF) Phase 98 $0 Total $279,480.00 Page 259 of 261 Page 49 of 51 DocuSign Envelope ID: 548F119A-66D9-454C-B279-8E10A7B7D3D2 Back to Agenda APPENDIX A During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 C.F.R. Part 27; • The Age Discrimination Act of 1975, as amended, (42 U S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC§ 471, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub- recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; City of Port Orchard and Shea Carr & Jewel, Inc dba SCJAlliance Public Works Project No.PW2021-002 Professional Service Agreement Contract No. C083-22 Updated 4/2022 IBDR Page 260 of 261 Page 50 of 51 DocuSign Envelope ID: 548F119A-66D9-454C-B279-8E10A7B7D3D2 Back to Agenda • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to -ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). City of Port Orchard and Shea Carr & Jewel, Inc dba SCJAlliance Public Works Project No.PW2021-002 Professional Service Agreement Contract No. C083-22 Updated 4/2022 IBDR Page 261 of 261 Page 51 of 51