11/28/2023 - 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
November 28, 2023
6:30 p.m.
Pursuant to the Open Public Meetings Act, the City Council is conducting its public
meeting in the Council Chambers at City Hall. Members of the public may view and
provide public comment during the meeting in person at City Hall, via the online
platform zoom (link below), or via telephone (number below). The public may also view
the meeting live on the City's YouTube channel.
Remote access
Link: https://us02web.zoom.us/J/83778990173
Zoom Meeting ID: 837 7899 0173
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 Authorizing the Purchase of Water Meters and
Associated Parts from Ferguson Waterworks Via DES Contract No. 01118
( Ryan) Page 4
D. Adoption of a Resolution Adopting the 2024 Legislative Agenda
(Wallace) Page 9
E. Approval of an Interlocal Agreement with Kitsap County for the
Provision of Juvenile Detention Facilities (Wallace) Page 13
F. Adoption of a Resolution Granting Final Plat Approval for McCormick
Woods North Phase III, Division 4 (Bond) Page 26
G. Approval of an Amendment to Contract No. 072-22 with Axon Enterprise, Inc. for Body -worn Cameras
(M. Brown) Page 47
H. Excusal of Councilmembers Clauson and Trenary from Council Meeting for Personal Reasons
5. PRESENTATION
6. PUBLIC HEARING
A. Ordinance Amending Port Orchard Municipal Code Chapter 5.60 Fireworks (Bond) Page 55
7. BUSINESS ITEMS
A. Adoption of an Ordinance Amending Port Orchard Municipal Code Chapter 5.60 Fireworks (Bond) Page
61
B. Adoption of an Ordinance Adopting the 2023 Comprehensive Plan Amendments (Bond) Page 67
C. Adoption of a Resolution Approving a Contract with KPFF Consulting Engineers for the SR166/Bay
Street Reconstruction (Ryan) Page 96
D. Adoption of a Resolution Adopting the City of Port Orchard 2023 Stormwater and Watersheds
Comprehensive Plan (Ryan) Page 190
E. Adoption of a Resolution Accepting the Lodging Tax Advisory Committee's Recommendation for the
2024 Funding Allocation (Wallace) Page 193
F. Approval of a Purchase and Sale Agreement for Kitsap County Tax Parcel No. 4650-015-006-0007 for
Additional Staffing Needs (Wallace) Page 199
8. DISCUSSION ITEMS (No Action to be Taken)
:19I01.4&T9191d0111L1L4lL414L01►viI►ViI1119t"I
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
mlw_1bfell] :1,11IIFAMill llI
COMMITTEE MEETINGS Date & Time Location
Economic Development and Tourism December 18, 2023; 9:30am Remote Access
Utilities TBD; 5:00pm Remote Access
Finance December 12, 2023; 5:00pm Remote Access
Transportation November 28, 2023; 4:30pm Remote Access
Festival of Chimes & Lights TBD Remote Access
Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned.
The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required.
November 28, 2023, Meeting Agenda Page 2 of 3
Land Use December 20, 2023; 4:30pm
Lodging Tax Advisory TBD, 2024
Sewer Advisory February 21, 2024; 6:30pm
Outside Agency Committees Varies
---------------
*West Sound Utility District, 2924 SE Lund Ave Port Orchard
Remote Access
City Hall with Remote Access
West Sound Utility*
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.
November 28, 2023, Meeting Agenda Page 3 of 3
awaw-
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 Item 4C
Back to Agenda
Meeting Date: November 28, 2023
Subject: Adoption of a Resolution Authorizing the Prepared by: Denis Ryan
Purchase of Water Meters and Associated Public Works Director
Parts from Ferguson Waterworks via
DES Contract No. 01118
Atty Routing No: N/A
Atty Review Date: N/A
Summary: The Public Works and Finance Departments have jointly identified the need to upgrade the
water metering system and associated parts to provide more efficient and accurate water measurement
service to homes located within the City. Pursuant to Chapter 39.34 RCW, the City executed an interlocal
agreement with the Washington State Department of Enterprise Services (DES) (City Contract No. C057-13)
to allow the City to utilize the contracts hosted by DES for services and purchases, so long as the City
confirms the contract complies with all applicable statutory procurement requirements for the particular
purchase or service, per RCW 39.34.030.
The Public Works Department identified Ferguson Waterworks as an approved vendor for the water
meters, awarded via WA DES Contract #01118. Staff reviewed the procurement process utilized by DES for
this contract to confirm the procurement requirements were met and obtained necessary documentation
from DES and the vendor regarding procurement. On November 1, 2023 Public Works Department staff
requested a quote from Ferguson Waterworks for IPERL water meters and associated parts. On November
15, 2023, Ferguson Waterworks provided a quote of $38,765.70 (plus applicable tax) for a total purchase
price of $42,370.91, and staff verified this is consistent with the DES Contract pricing. The City's
Procurement Policy requires Council approval for purchase prices in excess of $35,000.00. On November
21, 2023 the City's Public Works Department completed the City's Interlocal Agreement Purchase Checklist
for the selected vendor.
Relationship to Comprehensive Plan: Ch 7: Utilities -Water
Recommendation: Staff recommends that the City Council adopt a Resolution authorizing the purchase of
water meters and associated parts from Ferguson Waterworks through WA DES Contract #01118 for a total
purchase price of $42,370.91 (applicable tax included.)
Motion for Consideration: I move to adopt a Resolution authorizing the purchase of water meters and
equipment from Ferguson Waterworks for a total purchase price of $42,370.91.
Fiscal Impact: The meters will be reimbursed through connection fees; a budget amendment may be
needed.
Alternatives: Do not approve and provide further guidance.
Attachments: Resolution
Ferguson Waterworks Quote
Interlocal Agreement Purchase Checklist
Page 4 of 199
Back to Agenda
RESOLUTION NO.
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON,
APPROVING THE PURCHASE OF WATER METERS AND ASSOCIATED
PARTS FOR THE PUBLIC WORKS DEPARTMENT AND DOCUMENTING
PROCUREMENT PROCEDURES.
WHEREAS, the Public Works and Finance Departments have jointly identified the need to
upgrade the water metering system and associated parts to provide more efficient and
accurate water measurement service to homes located within the City; and
WHEREAS, as authorized by the City's Procurement Policies adopted by Resolution No. 073-23,
the City entered into an interlocal agreement with Washington State Department of Enterprise (DES)
(City Contract No. C057-13) which allows the City to utilize the contracts hosted by DES for services and
purchases, so long as the City confirms the contract complies with all applicable statutory procurement
requirements for the particular purchase or service, per RCW 39.34.030; and
WHEREAS; the Public Works Department identified Ferguson Waterworks as an approved,
qualified vendor for the desired brand of meters that are required to integrate with the City's existing
system, awarded via WA DES Contract #01118; and
WHEREAS, staff reviewed the procurement process utilized by DES for this contract to confirm
the applicable procurement requirements were met, and staff obtained necessary documentation from
DES and the vendor regarding procurement; and
WHEREAS, on November 1, 2023, Public Works Department staff requested a quote from
Ferguson Waterworks, and on November 15, 2023, Ferguson Waterworks provided a quote of
$38,765.70 (plus applicable tax) for a total purchase price of $42,370.91, and staff verified this is
consistent with the DES Contract pricing; and
WHEREAS, on November 21, 2023, the City's Public Works Department completed the Interlocal
Agreement Purchase Checklist for the selected vendor; and
WHEREAS, the City Council has approved procurement policies which require City Council
authorization for purchasing items costing $35,000 or more; and
WHEREAS, the Ferguson Waterworks quote attached as Exhibit A is for the purchase of water
meters in an amount that exceeds the $35,000 authorization limit; and
WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State Auditor's
Office, wishes to document their selection/procurement process as described herein for this purchase
by Resolution; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Page 5 of 199
Back to Agenda
Resolution No.
Page 2 of 2
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby
adopted and incorporated as findings in support of this Resolution.
THAT: The City Council approves the purchase of water meters, from Ferguson Waterworks in the
amount of $42,370.91 (applicable tax included). The Mayor or his designee is authorized to take
all actions necessary to effectuate the purchase, consistent with this authorization.
THAT: The Resolution shall take full force and effect upon passage and signatures hereon.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by
the City Clerk in authentication of such passage on this 28th day of November 2023.
ATTEST:
City Clerk, Brandy Wallace, MMC
Robert Putaansuu, Mayor
Page 6 of 199
Z FERGUSON° 2042 SOUTOH 122TH ST156
WATERWORKS TACOMA, WA 98444-0000
Deliver To:
From: D(
Comments: Back t0 Agenda
17:32:12 NOV 15 2023
Phone: 253-538-8275
Fax: 253-531-9909
FERGUSON WATERWORKS #3156
Price Quotation
Phone: 253-538-8275
Fax: 253-531-9909
Bid No:
B005738
Cust Phone:
360-876-4407
Bid Date:
09/18/23
Terms:
NET 10TH PROX
Quoted By:
DGS
Customer:
CITY OF PORT ORCHARD
Ship To:
CITY OF PORT ORCHARD
METER ACCOUNT
METER ACCOUNT
216 PROSPECT ST
216 PROSPECT ST
PORT ORCHARD, WA 98366
PORT ORCHARD, WA 98366
Cust PO#:
SENSUS
Job Name:
520M & UNIPRO
Item Description Quantity Net Price UM Total
S5396353752201MI M520M-F1-TC-X-E-MI 1P PIT W-ID/LD 120 178.500 EA 21420.00
S15S1 FDXX LF 5/8X3/4 IPERL 1CF SM 6 2W 48 175.680 EA 8432.64
PROGRAMMED TO 1000 GAL
S5396353752201MI M520M-F1-TC-X-E-MI 1P PIT W-ID/LD 48 178.500 EA 8568.00
S5191016200003 COMM TOOL UNIPRO2 USB CON R2 100A 1 345.060 EA 345.06
PRICING PER STATE
CONTRACT 01118
Net Total:
$38765.70
Tax:
$3605.21
Freight:
$0.00
Total:
$42370.91
Quoted prices are based upon receipt of the total quantity for immediate shipment (48 hours). SHIPMENTS BEYOND 48 HOURS SHALL BE
AT THE PRICE IN EFFECT AT TIME OF SHIPMENT UNLESS NOTED OTHERWISE. QUOTES FOR PRODUCTS SHIPPED FOR RESALE
ARE NOT FIRM UNLESS NOTED OTHERWISE.
Page 1 of 1
CONTRACTOR CUSTOMERS: IF YOU HAVE DBE/MBE/WBE//VBE/SDVBE/SBE GOOD FAITH EFFORTS DIVERSITY GOALS/ REQUIREMENTS ON A
FEDERAL, STATE, LOCAL GOVERNMENT, PRIVATE SECTOR PROJECT, PLEASE CONTACT YOUR BRANCH SALES REPRESENATIVE
IMMEDIATELY PRIOR TO RECEIVING A QUOTE/ORDER.
Seller not responsible for delays, lack of product or increase of pricing due to causes beyond our control, and/or based upon
Local, State and Federal laws governing type of products that can be sold or put into commerce. This Quote is offered contingent upon the
Buyer's acceptance of Seller's terms and conditions, which are incorporated by reference and found either following this document, or
on the web at https://www.ferguson.com/content/website-info/terms-of-sale
Govt Buyers: All items are open market unless noted otherwise.
HOW ARE WE DOING? WE WANT YOUR FEEDBACK!
Scan the QR code or use the link below to
r corpQ@tp,�.ftArvey about your bids:
!] https://survey.medallia.com/?bidsorder&fc=1604&on=987
CITY OF PORT ORCHARD Back to Agenda
PURCHASES THROUGH INTERLOCAL AGREEMENTS
City Contract No.: C057-13
Interlocal Agreement with the Host Agency (government agency or Purchasing Co -Op name):
Deaartment of Enterarise Services (DES)
Item Description: IPERL Water Meters and Associated Parts
Do you have an Interlocal agreement signed with the Contract (host) Agency?
® If yes, where is it filed: Clerk's office
❑ If no, get a mutually signed Agreement in place before you continue.
State OSP Contract No.#: 01118
If you have an Office of State Procurement (OSP) contract number you may skip the remainder of this test
because the OSP contracts comply with remaining requirements and retain the documentation on hand for
SAO to review in the OSP offices.
Is this a technology contract?
❑ If yes, do your own rules allow for technology contracts to be negotiated?
❑ If your own rules allow for negotiated IT contracts, you can skip this test.
Is this a services contract?
❑ If yes, do your own rules allow services to be negotiated?
❑ If your own rules allow for negotiated services, you can skip the remainder of the test.
Are you using this as only one of multiple quotes, for a small purchase?
❑ If yes, you can skip the remainder of the test. Your purchase will not mandate the sealed bid rules.
Checklist for Re wired Compliance
Is the Host agency a public agencyi .
❑ Yes
❑ No
If Yes, what state laws apply to Host Agency:
Does the host agency have a requirement
❑ Yes
❑ No
Federal and State contract rules usually don't
to run a newspaper ad in their local paper
require a newspaper ad. For others, attach the
and did they comply
ad or place into the file
Did they list on the public agency's
❑ Yes
❑ No
If Yes, state when and the address, and proof
website?
of date, address shall be attached or placed into
the file. If No, you cannot use the bid.
Did the bid & award comply with the
❑ Yes
❑ No
If Yes, obtain documentation to support answer
Host agency's state procurement laws?
from Host Agency. If No, you cannot use the
bid.
1 RCW 39.34.020 (1), "public agency' means any agency, political subdivision, or unit of local government of this state including, but
not limited to, municipal corporations, quasi municipal corporations, special purpose districts, and local service districts; any agency
of the state government; any agency of the United States; any Indian tribe recognized as such by the federal government; and any
political subdivision of another state
Page 8 of 199
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 Adopting the
2024 Legislative Agenda
Back to Agenda
Meeting Date: November 28, 2023
Prepared by: Brandy Wallace, MMC
City Clerk
Atty Routing No: N/A
Atty Review Date: N/A
Summary: In order to lay a foundation for success for legislative action and/or funding, it is crucial that
the City adopt a legislative agenda with ample time for the Mayor, Councilmembers, and GTH-GA
lobbyists to communicate with the City legislative delegation prior to the start of the session.
On September 26, 2023, Josh Weiss and Annika Vaughn, with Gordon Thomas Honeywell -Governmental
Affairs, the City's Lobbyists, provided a presentation on the 2023 Legislative Session, as well as a few
potential legislative priorities. Discussion was held regarding Foster Pilot Program, Vehicular Pursuits,
Housing Mandates/Local Control, Sedgwick Roundabouts, ALEA Grant, Port of Bremerton Breakwater
Project, and Homelessness. On November 21, 2023, they presented a draft 2024 Legislative Agenda for
consideration. Therefore, the 2024 Legislative Agenda has been prepared and ready for consideration.
Recommendation: Staff recommend adoption of a Resolution, adopting the 2024 Legislative Agenda, as
presented.
Relationship to Comprehensive Plan: N/A
Motion for Consideration: I move to adopt a Resolution, thereby approving the 2024 Legislative Agenda,
as presented.
Fiscal Impact: N/A
Alternatives: Do not adopt Resolution or modify.
Attachments: Resolution and Legislative Priorities.
Page 9 of 199
Back to Agenda
RESOLUTION NO.
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, ADOPTING
THE 2024 LEGISLATIVE AGENDA.
WHEREAS, since 2011, the City has hired Gordon Thomas Honeywell Government Affairs
to provide benefit to the citizens by having expertise and guidance of a lobbying firm that would
assist the Mayor and staff in accomplishing the goals and objectives of the City to State legislators;
and
WHEREAS, each year, the firm continues to advocate for important legislative priorities
of the City; and
WHEREAS, on September 26, 2023, Josh Weiss and Annika Vaughn, with Gordon
Thomas Honeywell -Governmental Affairs, the City's Lobbyists, provided a presentation on the
2023 Legislative Session; and
WHEREAS, on November 21, 2023, at the City Council Work Study meeting a draft was
presented with some suggested items for the 2024 legislative item, therefore attached, labeled
as Exhibit A, lists the legislative items, now, therefore;
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: The City of Port Orchard hereby adopts the 2024 Legislative Agenda, attached as
Exhibit A.
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 28th day of November 2023.
ATTEST:
Brandy Wallace, MMC, City Clerk
Robert Putaansuu, Mayor
Page 10 of 199
ORCHARD=
CITY OF PORT 0RCHr_1BJL,%A_.1 Agenda
216 Prospect Street, Port Orchard, WA 98366
(36o) 876-4407 • Fax: (36o) 895-9029
ci , ht all0portorchardwa.gov
www.portorchardwa.gov
2024 Legislative Priorities
Port Orchard Community Event Center
The City received $1.2 million in the 2021 Capital budget to begin work on the Port Orchard Community Event
Center. This master -planned project will feature an indoor events space, space for the Kitsap Library, new
headquarters for Kitsap Bank, opportunities for residential/mixed use development, and a flexible community
plaza allowing for outdoor concerts, events, and other community gatherings centered around a revitalized
waterfront, in addition to parking and pedestrian improvements. With this state investment, competitive grant
funding, private and local match, the City has made significant headway on the project, which is well into the
design phase. The City anticipates completing design, planning, and pre -construction by the end of 2024 and will
seek state investment for construction in the 2025 Legislative Session.
Bay Street Sea Level Rise — Resilience Funding
The City is working to mitigate the impacts of sea -level rise in downtown Port Orchard. With existing
infrastructure, sea -level rise could prevent access to existing businesses, the waterfront, and inhibit pedestrian and
automobile mobility through one of the City's main thoroughfares. The City has received federal funding for
design and partial construction to raise Bay Street, utilities, and adjacent businesses, which runs East-West along
the City waterfront, to ensure public access is maintained. The City is likely to seek state funding for the remainder
of construction costs for this project in the 2025 Legislative Session, when design is complete.
Vehicular Pursuits
The City supports revision of the state vehicular pursuits statute to ensure cities can address rising public safety
concerns in their jurisdictions, including clarifying that officers are able to pursue wrong -way drivers, and adding
vehicular theft to the list of crimes for which an officer may pursue.
Police Training Academy and BLEA
The City appreciates recent state investment towards addressing shortages of public safety personnel in local
jurisdictions. The City asks the Legislature to continue funding additional regional Law Enforcement Training
Academies, such as what was funded in Vancouver, Skagit County, and Pasco in the 2023 Legislative Session,
and asks for continued investment in additional Basic Law Enforcement Academy Classes to reduce the shortage
of law enforcement officers statewide.
Funding for Substance Use Disorder Treatment and Blake Implementation
Cities are beginning to experience increased public safety costs associated with implementing Senate Bill 5536,
responding to the State v. Blake decision, enacted in the 2023 Legislative Session and effective August 2023. The
City of Port Orchard joins other cities in requesting the State adequately fund increased costs passed down to
cities, including costs of ramping up substance use disorder (SUD) treatment, funding for therapeutic and other
alternative courts, and costs associated with additional simple possession caseload in municipal courts.
Page 11 of 199
Back to Agendaa��r�iorities
., 6rchard
Page 2 of 2
Foster Pilot Program
The City of Port Orchard was chosen by the state for a water resource mitigation pilot project to address municipal
water supply challenges after the Foster decision. The City has invested over $1 million in City funds for this
pilot project, which to -date has not resulted in Ecology -approved water supply. The Foster Legislative Task Force
published recommendations to the Legislature prior to the 2023 Legislative Session, but the Legislature did not
advance any policy related to municipal water rights. The Legislature must adopt solutions providing
municipalities a path to sustainable water permitting and usage, as required to accommodate growth under the
Growth Management Act, and if necessary, provide a pathway for approval of the City's mitigated water supply
project.
Sedgwick Roundabouts at SR-16/SR-160 Intersections
Though the Legislature made significant investments in the Move Ahead Washington package, much of this
funding did not address ongoing transportation needs for local governments, including maintenance and
preservation, fish passage, and projects improving highway safety and congestion relief. Sedgwick Road (State
Route 160) and State Route 16, traverse the City and serve as both regional and local thoroughfares. To mitigate
congestion along these state routes, the City proposes two compact roundabouts at the SR-16 and SR-160
interchanges. Prior to current inflation rates, the project was estimated to cost $6 million. The City has funded
temporary improvements to these intersections to provide short-term relief; however, the City requires additional
investment to complete long-term improvements. Port Orchard asks the State to look for opportunities to fund
this important project.
The City of Port Orchard supports the Association of Washington Cities' legislative agenda.
Page 12 of 199
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Consent Agenda 4E
Subject: Approval of an Interlocal Agreement with
Kitsap County for the Provision of Juvenile
Detention Facilities
Back to Agenda
Meeting Date: November 28, 2023
Prepared by: Brandy Wallace
Atty Routing No.
Atty Review Date
City Clerk
N/A
N/A
Summary: The current contract is set to expire on December 31, 2023. Before you is an interlocal agreement
with Kitsap County to provide for the secure custody of juvenile criminal offenders. The agreement will be for
one year starting January 1, 2024, with 3 options for renewal. The rates are set out in the agreement based
on the need of bed -days.
Recommendation: Staff recommends the council approve this contract.
Relationship to Comprehensive Plan: N/A
Motion for consideration: I move to authorize the Mayor execute an interlocal agreement with Kitsap
County to provide for the secure custody of juvenile criminal offenders, as presented.
Fiscal Impact: Services have been included in the 2023/2024 Biennial Budget.
Alternatives: Not approve the contract and lose the ability to house juvenile criminal offenders.
Attachments: KC-070-24 Contract
Page 13 of 199
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KC-070-24 �c
AGREEMENT FOR PROVISION OF JUVENILE DETENTION FACIL11
BETWEEN KITSAP COUNTY AND THE CITY OF PORT ORCHAR m
This AGREEMENT FOR THE PROVISION OF JUVENILE DETENTION FACILITIES
("Agreement") is entered into by and between Kitsap County ("County"), a political subdivision of
Washington State, and the City of Port Orchard, a municipal corporation of Washington State ("City").
RECITALS
WHEREAS, the County is authorized by law to operate the Kitsap County Juvenile Detention Facility
("Detention Facility") to confine juvenile offenders;
WHEREAS, the City does not possess sufficient facilities to confine juvenile offenders;
WHEREAS, the County has space available in its Detention Facility and is amenable to making such space
available to confine the City's juvenile offenders, pursuant to the lawful authority of the City, for a rate of
compensation as mutually agreed to by the parties; and
WHEREAS, the County and the City have determined that it would be mutually beneficial to the parties to
enter into this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals which are incorporated herein by this
reference, the parties agree as follows:
SECTION 1 DEFINITIONS
1.1 "Admitted" or" Admission" of the Juvenile by Kitsap County will occur when the Detention
Facility staff has advised City's Representative that the Juvenile presented to the Detention Facility
for confinement has been accepted for admission by the Detention Facility, the booking process
completed, and Kitsap County has taken physical control of the Juvenile.
1.2 "Additional Health Care Services" means any medical, mental health, dental or other form of
health care and/or treatment provided to a Juvenile not routinely provided by Kitsap County's in-
house health care provider in the Detention Facility, regardless of where such services are
provided including, without limitation, emergency medical services, prescriptions, laboratory
tests, medical imaging services, necessary durable medical equipment, and any in -patient or out-
patient treatment or referral.
1.3 "Bed -Day" means any consecutive period of time exceeding 12 hours during which a Juvenile is
in the custody of the Kitsap County Juvenile Department Detention Facility, which includes
booking.
1.4 "Booking" means the process in which the Juvenile's personal data is recorded, the City's
Representative confirms the Juvenile's identity and the lawful basis for confinement, and any
other screening process routinely required by the Detention Facility prior to Admission.
1.5 "City Representative" means an authorized member of the City of Poet Orchard Police
Department or other authorized representative of the City.
Page I of 11
Page 14 of 199
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1.6 "Detention Facility" means Kitsap County Juvenile Department Detention Facili _�e
v
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1.7 "Detention Manager" means the Manager of the Kitsap County Juvenile Detentii m ucility or
his/her designee.
1.8 "Gravely Disabled" means a person who, as a result of a mental disorder, is in danger of serious
physical harm resulting from a failure to provide for his/her essential human needs of health or
safety; or manifests severe deterioration in routine functioning evidenced by repeated and
escalating loss of cognitive or volitional control over his/her actions and is not receiving such
care as is essential for his/her health or safety.
1.9 "Juvenile" means a youth under the chronological age of eighteen years of age arrested on a Port
Orchard warrant or by the City's law enforcement officers for violation of a law for which
confinement of a juvenile is lawful.
1.10 "Partial Bed -Day" means any consecutive period of time of 12 hours or less during which a
Juvenile is in the custody of the Kitsap County Juvenile Detention Facility, which includes
Booking.
SECTION 2 SERVICES
2.1 This Agreement is limited to the detention of juveniles for offenses which are within the
jurisdiction of, and charged within, the Port Orchard Municipal Court under RCW
13.040.030(1)(e)(iii).
2.2 The County agrees to accept Juveniles for confinement in the Detention Facility and the City
agrees to compensate the County for such services as provided in this Agreement.
2.3 Confinement of a Juvenile will not exceed thirty (30) consecutive calendar days, unless otherwise
agreed to by the County on a case -by -case basis.
2.4 The County will provide the Juveniles confined in the Detention Facility with access to the same
education, medical, dental, and other services provided to other juveniles confined in the Detention
Facility as required by law and County policy and procedures.
2.5 Juvenile. Compliance, All Juveniles confined in the Detention facility shall be subject to and
expected to comply with all Detention Facility rules, including those related to discipline,
emergency, safety and security rules.
2.6 Juveniles Exceeding 18 gears. Upon the prior written request from the City, the County may
continue to confine the City's Juveniles in the Detention Facility beyond the age of 18 years, but
in no event older than 21 years of age.
2.7 Right of Refusal. The County at all tinges and for all purposes under this Agreement retains the
absolute right in its sole discretion to reject, limit, or revoke the acceptance of any or all
Juvenile(s), or any other person, for confinement in the Detention Facility at any time and for any
reason whatsoever.
2.8 Non -Detention Services. Court services, probation services, or the like, shall continue to be the
sole responsibility of the City and are not subject to this Agreement.
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SECTION 3 TERM
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This Agreement shall commence on January 1, 2024, and terminate on December m., 2024, unless
terminated or extended. This Agreement may be extended for additional consecutive one (1) year periods
at the mutual written agreement of the parties, not to exceed a total of three (3) years. Neither party has an
obligation to extend this Agreement.
SECTION 4 TERMINATION
This Agreement may be terminated by either party, at the mutual convenience of the party, upon 60 days
prior written notice to the Contract Representative of the other party. The notice shall identify the specific
plan for accommodating the removal of the Juveniles affected by the termination. In the event of
termination, the City shall at its own expense, transport the Juveniles from the Detention Facility on or
before the effective date of the termination.
SECTION 5 COMPENSATION AND BILLING
5.1 Bed -Day Rate/Housing. The City shall pay the County a basic fee of One Hundred Fifty Dollars
($150.00) per bed -day for every Juvenile confined in the Detention Facility,
5.2 Partial Bed -Day Rate. The City shall pay the County a partial bed -day fee of Seventy-five
Dollars ($75.00) per partial bed -day for every Juvenile confined in the Detention Facility.
5.3 Method_ of Billing. County will invoice the City monthly for amounts due the County under this
Agreement for services provided in the previous month. Such fees shall be due and payable by the
City within thirty (30) days from the billing date. Account balances overdue 30 days or more will
be subject to a service charge of 1% per month (12% per annum). Should collection become
necessary, the City shall be responsible for the payment of all collection costs, including reasonable
attorney fees, associated with the collection of late payments.
5.4 Annual Increase. The bed -day and partial bed -day rate shall be increased annually by one hundred
percent (100%) of that percentage increase set forth in the All Urban Consumers Index (CPI-U)
(1982-1984=100) for the Seattle -Tacoma -Bremerton area as is specified by the Bureau of Labor
Statistics, United States Department of Labor for the prior 12-month period ending in December;
provided, however, the increase shall not be more than six percent (6%) of the amount for the
prior year.
5.5 Other Costs. The City shall promptly pay all other costs, including those for Additional Health
Care Services to the County or third parties as provided herein.
SECTION 6 PRESENTATION AND ADMISSION
6.1 Prior Verification. Prior to presenting a Juvenile for confinement, the City's Representative shall
contact the Detention Facility and obtain verification from the Detention Manager that the Detention
Facility may Admit the Juvenile for confinement and ensure the order authorizing confinement
contains a provision authorizing the Detention Manager to provide emergency medical treatment to
the Juvenile. Prior verification does not guarantee Admission by the Detention Facility.
6.2 Presentation. When presenting a Juvenile to the County for confinement, the City Representative
shall remain at the Detention Facility with the Juvenile and comply with all requirements of this
Section and all Detention Facility procedures and rules until the Juvenile has been admitted.
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6.3 Prohibitions
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A. Any Juvenile who is unconscious, under the influence of alcohol m 'or drugs (as
determined by Kitsap County), or Gravely Disabled may not be Admitted into the
Detention Facility.
B. Any Juvenile with significant injuries, or who reports that he/she is currently
experiencing significant medical or mental health issues, may be Admitted in the
Detention Facility only when the Juvenile has been medically cleared for confined
Detention by a medical doctor, nurse practitioner, or other equivalent medical personnel, and
approved by Kitsap County.
6.4 Certification, The City is at all times solely responsible for determining that all Juveniles
presented by City Representatives to the County for confinement are lawfully detained and
confined, and certifies the same by the act of presenting the Juvenile for confinement to the
Detention Facility. The City shall defend, indemnify and hold the County harmless as provided
herein for any claim or action resulting from the detention of a Juvenile wrongfully presented by
the City, or its representative, to the County for confinement.
6.5 Intake Assessment. When presenting a Juvenile to the Detention Facility for confinement, the
City's Representative shall provide the Detention Facility staff with the following:
A. Duration/Conditions - provide copies of all records in the possession pertaining to the
Juvenile's confinement, which includes without limitation, all relevant court orders which
identify the duration and other terms of confinement.
B. Emergency Medical Treatment - ensure the order of confinement contains authorization
for Director of Kitsap County Juvenile Detention Facility to provide the Juvenile
emergency medical treatment.
C. Intake Assessment - provide all information requested on the Detention Facility Intake
Assessment attached hereto as Exhibit A.
D. Parental Consent Medical Treatment - provide a signed copy of the Parental Consent
for Medical Treatment and a copy of any medical insurance coverage information for the
Juvenile in the event the Juvenile requires medical treatment while in the Detention
Facility. See Exhibit B - Parental Consent for Medical Treatment. The City is and
remains responsible for obtaining all consents and providing medical insurance coverage
information.
E. Medical/Mental Health Status - provide a copy of the Juvenile's medical records in the
City's possession and advise the Detention Facility staff of all information known about a
Juvenile's medical and mental health status (current and historical), including the
Juvenile's psycho -sexual history.
F. Drugs/Alcohol - inform the Detention Facility staff of all information known about the
Juvenile's alcohol and drug usage (current and historical).
G. ADA Accommodations - inform the Detention Facility staff of any known
accommodation needs of the Juvenile consistent with the requirements of the Americans
with Disabilities Act.
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H. Information - provide all relevant information available regarding the v mile and such
other information/documentation routinely required by the Detention Fai m
6.6 Admission. The City's Representative transporting the Juvenile to the Detention Facility shall
remain at the Detention Facility with the Juvenile until advised by the Detention Facility staff that
the preliminary portion of the booking procedure has been completed and the Juvenile has been
admitted into the Detention Facility.
6.7 Personal Property. Upon Admission of the Juvenile for confinement, County agrees to accept and
store the Juvenile's personal belongings in an amount not to exceed a day pack or equivalent in
volume. Any personal belongings exceeding this amount will require approval from County, Any
personal property not removed from the Detention Facility by the Juvenile upon the Juvenile's
release from the Detention Facility will be deemed to be abandoned and automatically become
the property of the County without the requirement of further court action.
6.8 Notice. The County will use reasonable efforts to advise the City if a Juvenile is being detained
by another law enforcement agency on a warrant issued by the City.
SECTION 7 LEGAL REPRESENTATION- JUVENILE
The City shall be responsible for responding to requests for legal assistance or legal representation made by
the Juvenile confined in the Detention Facility. The County will notify the City of any requests for legal
assistance or legal representation made by a Juvenile to a County detention officer.
SECTION 8 TRANSFER AND RELEASE
8.1 Release. The Juvenile may be released from confinement from the Detention Facility as provided
below:
A. Request by City. The Juvenile may be released to the City's Representative upon written
direction or verified verbal direction from the City's Representative.
B. Court Order/Bail. The Juvenile may be released by valid court order or posting of bail.
C. Treatment. The Juvenile may be released due to medical, mental health, dental treatment
or any other health care services not available within the Detention Facility.
D. Emergency/Catastrophe. The Juvenile may be released in the event of any emergency or
catastrophic condition occurring that poses a reasonably imminent danger to the safety of
the Juvenile or County personnel. The decision to release or remove persons from the
Detention Facility will be at the sole discretion of the County. In such cases, the County
will provide the City reasonable notice of the removal and shall exercise reasonable care
for the safekeeping and custody of the Juvenile(s) so removed.
8.2 Resumption of Custod . The City shall be deemed to have resumed custody of the Juvenile upon
the County's presentation of the Juvenile to the City, or upon the City's Representative taking
physical control of the Juvenile.
SECTION 9 TRANSPORTATION AND SECURITY
9.1 Transportation. Unless otherwise agreed, the City shall be responsible for all transportation of
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Juveniles, which includes the delivery and pickup of the Juveniles for all pt v ;es under this
Agreement. c�
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9.2 Release. A City Representative shall be promptly available to pick up the Juvenile when released
from the Detention Facility, regardless of the basis of the release. Promptly available means
immediately available, and in no event longer than four (4) hours after the City receives notice
from the County of the Juvenile's release. Notice for this purpose may be a written or oral notice
from the Detention Facility to the City.
9.3 Reimbursement — Transportation/Security. In the event that Kitsap provides the transportation,
regardless of the reason, the City shall be required to reimburse Kitsap for all costs of
transportation and associated security incurred by Kitsap to secure emergent medical evaluations,
emergency treatment and to support the reasonable necessary operational needs of the Detention
Facility. The cost for transportation and custodial security time performed by Kitsap staff shall
be the Internal Revenue Service mileage rate in effect at the time of the service performed and the
current cost to provide a detention officer (currently $40.14 per officer per hour).
SECTION 10 HEATH CARE
10.1 Services Provided. Upon County's Admission of the Juvenile, the County will provide the
Juvenile at no additional charge the routine medical services that are readily available to other
detainees from the County's in-house third -party health care provider for which the health care
provider does not render a separate billing for providing such service to a detainee. Services for
which a separate billing is provided are considered Additional Health Care Services.
10.2 Reimbursement. The City shall reimburse County for its proportion of all Additional Health Care
Services and associated costs and expenses in providing such services to a Juvenile.
Reimbursement shall be paid directly to the County or third patties, as directed by the County.
10.3 Hospitalization. In the event a Juvenile is hospitalized, the County will advise the City. The City's
Representative will advise the County if the City will be providing the security or requests the
County to do so. If the City is to provide the custodial security, the Juvenile shall be released to
the custody of the City. If the County agrees to provide the custodial security for the Juvenile, the
City shall be responsible for reimbursing the County for all costs associated with the
transportation and custodial security, as provided in Section 9.
10.4 Emer cne /Non-einer ent Care outside Facili — Notification. The County will use reasonable
efforts to notify the City within fora- (4) business hours of transport (Monday- Friday, 9ain- Spin)
of emergent care for a Juvenile outside the Detention Facility. For non -emergent care outside of
the facility, the County will use reasonable efforts to notify the City before noon on the next
business day after the transport occurs. Lack of notice will not relieve the City of its
reimbursement obligations to Kitsap County.
10.5 No Waiver of Right to Seek Reimbursement. Nothing in this Agreement shall be construed to
waive the rights of either party to seek reimbursement for costs from the Department of Social
and Health Services, or from the Juvenile, his or her parent/guardian, or any other responsible
third -party.
SECTION I 1 INSURANCE AND INDEMNIFICATION
11.1 Insurance. The County and City shall maintain, throughout the term of this Agreement,
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insurance adequate to protect both parties against claims that may arise � -�e result of the
performance of this Agreement. Such insurance shall be placed with resl M ible insurers,
self -insured, or carried through participation in an insurance pool at le, m of coverage
adequate to protect the County and the City against loss, and as ordinarily carried by
municipalities engaged in similar operations. Upon request of the other party, the County and
City shall provide evidence of liability coverage.
11.2 Indemnification. The City agrees to defend, indemnify and hold harmless the County, its
appointed and elected officials, employees and agents from and against all liability, loss,
cost, damage and expense whatsoever, including costs and attorney's fees in defense thereof
because of actions, claims or lawsuits alleging damages sustained by any person or property
including death at any time resulting thereof, arising from or alleged to have arisen from: i) the
City's performance under this Agreement or as a consequence of any wrongful or negligent
acts or omission of the City, its appointed and elected officials, employees and agents; ii) the
wrongful detention of a Juvenile as a result of the City's actions or failure to act; and/or iii)
failure or refusal to timely release a Juvenile as a result of the City's actions or failure to act.
11.3 To the extent the claim, damages, losses and expenses are cause by intentional acts of or by the
concurrent negligence of Kitsap County, its officers, agents, or employees, the City's
indemnification obligation hereunder shall be limited to the City's proportionate share of
liability as agreed to by the parties to this Agreement or determined by a court of competent
jurisdiction.
11.4 Kitsap County agrees to defend, indemnify and hold harmless the City, its appointed and elected
officials, employees and agents from and against all liability, loss, cost, damage and expense
including costs and attorney's fees in defense thereof because of actions, claims or lawsuits
alleging damages sustained by any person or property including death at any time resulting
thereof, arising from, or alleged to have arisen from: i) Kitsap County's performance under this
Agreement or as a consequence of any wrongful or negligent acts or omission of Kitsap County,
its appointed and elected officials, employees and agents; ii) wrongful detention of a Juvenile as a
result of Kitsap County's actions or failure to act; and/or iii) Kitsap County's failure or refusal to
timely release a Juvenile.
11.5 To the extent the claim, damages, losses and expenses are caused by intentional acts of or by the
concurrent negligence of the City, its officers, agents, or employees, Kitsap County's
indemnification obligation hereunder shall be limited to Kitsap County's proportionate share of
liability as agreed to by the parties to this Agreement or determined by a court of competent
jurisdiction.
11.6 Solely for the purposes of this indemnification provision, the City expressly waives any
immunity derived from Title 51 (Industrial Insurance) of the Revised Code of Washington or
the City's equivalent thereof, and acknowledges that this waiver was mutually agreed upon
by the parties.
11.7 Obligations/Notice of Claim. County will provide the City notice of the assertion of liability by
a third party that may give rise to a Claim by County against the City based on the indemnity
contained herein. City shall promptly advise County in writing, which shall in no event
exceed 14 calendar days from the notice date, whether City accepts or denies tender of the
claim. City shall reimburse County for all fees and costs of defense whether incurred before or
after the notice of claim. City shall keep County timely and filly informed through all stages of
the defense and promptly respond to and comply with County's requests for information. The
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County at all times reserves the right, but not the obligation, to participate in thi v ense and such
participation shall not constitute a waiver of City's indemnity and defense obl m ons under the
Contract.
SECTION 12 GOVERNING LAW
Governing Law/Venue. The Agreement, and the Juvenile(s) confined under this Agreement, shall be made
under, construed in accordance with, and governed by the laws of the State of Washington, without regard
to conflicts of law or choice of law provisions. Any action arising out of, related to or in connection with
this Agreement shall be instituted and maintained only in a court of competent jurisdiction in Kitsap
County, Washington or as provided by RCW 36.01.050.
SECTION 13 CONTRACT REPRESENTATIVES
Unless otherwise provided herein, any required notice will be in writing and deemed given and received
either on the date personally served to the other party's Contract Representative or on the third day after the
date of the postmark of deposit by registered or certified first-class U.S. mail, postage prepaid and
properly addressed to the Contract Representative as follows:
Coun
Michael S. Merringer, Director
Kitsap County Juvenile and Family Court Services
1338 SW Old Clifton Road
Port Orchard, WA 98367
SECTION 14 NON-DISCRIMINATION
city
Matt Brown, Chief of Police
Port Orchard Police Dept,
546 Bay Street
Port Orchard, WA 98366
The parties in the performance of this Agreement shall not discriminate against any person on the basis of
race, color, creed, religion, national origin, age, sex, marital status, sexual orientation, veteran status,
disability, or other circumstance prohibited by federal, state, or local law, and shall comply with Title VI of
the Civil Rights Act of 1964, P.L. 88 354 and Americans with Disabilities Act of 1990.
SECTION 15 INDEPENDENT CONTRACTOR
For all proposes, each party will act in its individual capacity and not as an agent, employee, partner, joint
venture, or associate of the other. An employee, agent, or subcontractor of one party shall not be deemed
or construed to be the employee, agent or subcontractor of the other for any purpose whatsoever
including responsibility for any federal or state tax, industrial insurance or social security liability.
SECTION 16 ACCESS AND RECORDS
16.1 Access - Detention Facility. The City shall have the right to inspect, at mutually agreeable times,
the Detention Facility in order to confirm the County maintains standards acceptable to the City and
that its detainees are treated appropriately. The County agrees to manage, maintain and operate its
Detention Facility consistent with applicable federal, state and local laws.
16.2 Access to Juveniles. City law enforcement shall have the right to interview Juveniles at any
reasonable time within the Detention Facility and the option to use the Detention Facility
interview rooms.
16.3 Records. The County agrees to maintain a system of record keeping relative to the booking and
confinement of each Juvenile consistent with the record keeping by the County for all other
detainees. The County will keep records of all medical, mental health or dental services it
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provides to a Juvenile as required by law. The County agrees to share all infoi v ion, including
insurance information, regarding a Juvenile with the City as authorized by law. M
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SECTION 17 GENERAL PROVISIONS
17.1 Force Majeure. Neither party shall be in default by reason of any failure in performance of this
Agreement if such failure arises out of causes beyond their reasonable control and without the
fault or negligence of said party including acts of God, terrorism and other acts of public enemy,
war, epidemics or quarantine restrictions.
17.2 No Waiver. No waiver of any right under this Agreement shall be effective unless made in writing
by an authorized representative of the party to be bound thereby. Failure to insist upon full
performance on any occasion shall not constitute consent to or waiver of any continuation of
nonperformance or any later nonperformance; nor does payment of a billing or continued
performance, after notice of a deficiency in performance, constitutes acquiescence thereto.
17.3 Priority. The Detention Facility policies and rules shall apply for all purposes, unless they conflict
with the terms and conditions of this Agreement. In the event of conflict, this Agreement will
control.
17.4 Modification. No supplement, modification, or amendment of any term of this Agreement will be
deemed binding or effective unless in writing and signed by both parties.
17.5 Ass i nment/Dele ation. Neither party may assign or delegate its rights, nor its responsibilities
under this Agreement to a third party, without the prior written consent of the other party. Any
purported assignment or delegation in violation of the subsection is void.
17.6 Severability. The provisions of this Agreement are severable. Any term or condition of the
Agreement or application thereof deemed to be illegal, invalid or unenforceable, in whole or in
part, shall not affect any other term or condition of the Agreement and the parties' rights and
obligations will be construed and enforced as if the Agreement did not contain the particular
provision.
17.7 Third -Party Beneficiary. Nothing under this Agreement shall be construed to give any rights or
benefits in the Agreement to anyone other than the County and the City, and all duties and
responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit
of the County and the City, and not for the benefit of any other party.
17.8 No Waiver. Either parry's failure to insist on strict performance of any term or condition of the
Agreement shall not be deemed a waiver of that term or condition even if the party accepting or
acquiescing in the nonconforming performance knows of the nature of the performance and fails
to object to it.
17.9 Entire Agreement. The parties acknowledge that this Agreement is the product of negotiation
between the parties and represents the entire agreement of the parties with respect to its subject
matter. All previous agreements and representations, whether oral or written, entered into prior- to
this Agreement are hereby revoked and superseded.
17.1 Q Provisions Required _by L. Each and every provision of law and any clause required by law to
be in the Agreement shall be read and enforced as though it were included herein and if through
mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the
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application of either party the Agreement shall forthwith be physically amen+ v to make such
insertion or correction.
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17.11 Counterparts/Electronic Signatures. This Agreement may be executed by the parties in any
number of separate counterparts, each of which when executed and delivered shall be deemed an
original, and all such counterparts shall together constitute one original document. All signatures
need not be on the same counterpart. A facsimile, email, or other electronically delivered
signatures of the parties shall be deemed to constitute original signatures and deemed to constitute
duplicate originals.
17.12 Survival. Those provisions of the Agreement that by their sense and purpose should survive
expiration or termination of the Agreement shall so survive such as references to compensation
and indemnification. Those provisions include, but are not limited to, Sections 5 (Compensation
and Billing), 6 (Presentation and Admission), 9 (Transportation and Security), 10 (Health Care),
11 (Insurance and Indemnification), 12 (Governing Law), 15 (Independent Contractor), and 17
(General Provisions).
17.13 Authorization. Any authorizations, actions required, or permitted to be taken, and any document
required or pennitted to be executed under this Agreement will be taken or executed only by a
duly authorized representative of the party. Each party warrants and represents to the other that
the person signing below has been properly authorized and empowered to execute this Agreement
on behalf of the Party for whom they sign.
Approved and Executed this — of , 2023
CITY OF PORT ORCHARD
ROB PUTAANSUU, Mayor
ATTEST:
Brandy Wallace, City Clerk
Approved and Executed this of , 2023
BOARD OF COUNTY COMMISSIONERS
KITSAP COUNTY, WASHINGTON
CHARLOTTE GARRIDO, Chair
KATHERINE T. WALTERS, Commissioner
CHRISTINE ROLFES, Commissioner
ATTEST:
Dana Daniels, Clerk of the Board
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DETI;;NTION r'ACILITY INTAfEC ASSESSMENT
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Juvenile Name:
Dpl3:
JC5 Q
Pho �
Address
t�
LGIm:
Legal Guardian:
Address:
LG Phone:
txaminews Utaservations
Vitals:
Temp: Height Weight
1.
Consciousness concerns (e.g. unable to speak smoothly 1 with coherent thought)
Yes
No
DescrlbD:
2.
Signs of drug or alcohol withdrawals (e.g. seizure, shakes, pinpoint pupils, vomiting)
Yes
No
Last alcohol or substance use what/when :
3.
Injury 1 trauma concerns (e,g. sign of head injury or open wounds)
Yes
No
Describe:
4.
Breathing concerns (e.g. unable to complete sentences, or alters posture to breath)
Yes
No
Describe:
5.
infection concerns (no fever, night sweats, weight loss, cough, vomiting, diarrhea)
Yes
No
Descrlbs:
B.
Acute skin concerns (e.g. spreading rash, swelling, discharge, needle marks)
Yes
No
Describe:
7.
Currently pregnant
Yes
No
First da dflast eriod.-
-7 it res -co any, ronow r-m protocol ana lnrorm on -call PGHS medical provider that da�r
8.
Acute behavioral concerns (e.g. suicidal ideation or assaultive)
Yes
No
Describe:
Iulluw C11 FJ,T010vol all lnrorm U011nW 0011aVIM l Health eroviaer that daV
S. PHYSICAL HEALTH CONCERNS: (Circle any/all that apply) Yes No
Asthma Diabetes, Seizures, Kidney 1 Liver roblems, HIV, TB, hepatitis)
10 MENTAL HEALTH CONCERNS: (Circle anylall that apply) Yes No
(Bipolar, Eating disorder, PTSD, Psychosis, Overdose history, Suicidal ideation
11, Food, Drug, Latex Allergies (llstbelow) Yes : No
Alier : Reaction
Allerav: Bann+inn
12. Medications (listbelow) Yes No
ivarrie: nose: Freq:
Name; Dose: Freq:
Name: Dose: Freq:
Call MIS at time o hooldn f detalhee has medications butNf`l ipith thend
Detention Officer: I Date: I Time:
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PARENTAL CONSENT FOR MEDICAL TRI ATMENT
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K.ITSAP COUNTY JUVENILE DFFFNTION CENTER Q
HEALTI4 SERVICES C
Parental Consent for Medical Treatment
t�
paremtllegal guardian of
fb
a detainee at the Kitsap County Juvenile Detention facility (KC)DF), do hereby give my consent for routine and/o argent medical or dental
care and/or immunizations, as decried necessary by the Health Servicesstaff or the Detention Specialist staff.
- in the event niy child develops a medical or dental problem beyond the capabilities of the KCJDF Health Services, I authorize the medical or
dental facility and the medical or dental provider to which my child is referred, to evaluate and treat as indicated.
- l furthcr authorize the medical or dental facility and the medical or dental provider to release such information as may be needed for the
completion of hospital claims, to any insurer or to the KCJDF and Health Services staff for the determination of follow-up treatment.
I also agree to be financially responsible for any and all medical and dental care, including prescriptions that may be necessary for my child.
- I further authorize the KCjDF staff, under the direction of the Health Services staff, to administer any approved prescription or over-the-
counter medications, to my child pursuant to the prescribed medical indications and directions on the container. All approved medications
given my child shall be appropriately recorded.
*PARENT NOTIrICATION:
HJPAA xights notification available online and/or available for print upon request
Visitation times and procedure have been explained
Court time and/or probable -cause weekend procedure has been explained
Medical Insurance:
Group:
CARE TEAM:
Primary care provider (PCP): Name:
Specialists; Name:
Case manager (DSHS, school, etc)? Name;
Policy #:
Phone:
Phone:
Phone:
*Ifealth Services staff to nofify / coordinate efforts ►vith care lean) outside detention center as able / appropriate.
Other information we should know about your child?
This authorization is valid from this date of this authorization until the minor has completed all detention time under this Cause
Number as ordered by the Court, or until the minor has reached the age of consent.
Parent / Guardian / Other
DOf#
Detention Officer/Probation Officer
Date Tune
Date Tune
VERBAL Consent
Verbal consent given by , parent and/or legal guardian of named
juvenile, for the medical and/or dental care listed above by telephone conference with the Detention Intake Ofticer(s).
(TNvo Detention Officers' signatures are required when receiving verbal medical consent)
Detention Officer #1
Detention Officer #2
Updated for use effective 12/01 /2023
DO# Date: Time:
DO# Date: Thne
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City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Consent Item 4F
Subject: Adoption of Resolution Granting
Final Plat Approval for McCormick
Woods North Phase III, Division 4
Back to Agenda
Meeting Date:
November 28, 2023
Prepared by:
Nick Bond, AICP
DCD Director
Atty Routing No.:
N/A
Atty Review Date:
N/A
Summary: On September 19, 2023, McCormick Development Corporation, LLC, a successor owner to Doug
Skrobut and GEM 1, LLC, of property identified as McCormick Woods North Phase III, Division 4 (a portion of
McCormick North Phase III), submitted an application for final plat approval for the McCormick Woods North
Phase III, Division 4 project. The City of Port Orchard Hearing Examiner granted preliminary plat approval with
conditions on October 20, 2010. Subsequently, the Hearing Examiner approved a request for preliminary plat
modification on December 20, 2021. A Determination of Non -Significance for McCormick Village was issued on
October 15, 2021.
The final plat for the McCormick Woods North Phase III, Division 4 subdivision creates 54 single-family
residential lots and three tracts, consisting of common open space, recreational space and shared access which
is consistent with the conditions established by the December 21, 2021 Preliminary Plat Modification Decision.
The applicant has installed or bonded for roadway illumination, roads, sidewalks, landscaping, water and sewer,
and storm drainage improvements, and the City has received acceptable bonds guaranteeing completion of any
improvements not yet completed. Streets within this final plat are for public use and will be accepted into the
City's road system.
Recommendation: Adoption of a resolution, granting approval of the final plat of Plat of McCormick Woods
North Phase III, Division 4.
Motion for consideration: I move to adopt a resolution, as presented, granting final plat approval for
McCormick Woods North Phase III, Division 4.
Fiscal Impact: Income from building permit fees, ongoing maintenance of public infrastructure.
Alternatives: Approval with added conditions.
Attachments: Resolution, Plat map, Department of Community Development Approval Letter, Public Works
Approval Letter, Landscaping Performance Bond, and Bill of Sale
Page 26 of 199
Back to Agenda
RESOLUTION NO.
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, GRANTING FINAL PLAT
APPROVAL FOR A 54-LOT AND THREE -TRACT PLAT KNOWN AS MCCORMICK WOODS NORTH
PHASE III, DIVISION 4
WHEREAS, property owner McCormick Development Corporation, LLC (hereinafter
"Applicant"), has submitted an application for final plat approval of the project known as
McCormick Woods North Phase III, Division 4 on undeveloped property located in the City of Port
Orchard (hereinafter "the Property'); and
WHEREAS, in 2010, the Applicant submitted an application for preliminary plat approval
for the McCormick North Phase III to subdivide 129 acres into 159 single-family lots and related
tracts, including the McCormick Village phase; and
WHEREAS, on October 10, 2010, after a duly -noticed public hearing to review the
proposed development, the City of Port Orchard Hearing Examiner approved the Preliminary
Plat for the McCormick North Phase III; and
WHEREAS, the Property is subject to a Development Agreement vesting the property to
certain development standards, recorded on December 21, 2010; and
WHEREAS, the Property is subject to a Development Agreement for traffic, recorded on
October 21, 2005 as modified and recorded on February 19, 2021; and
WHEREAS, on December 20, 2021, the City of Port Orchard Hearing Examiner approved
a Major Plat Amendment to the McCormick North Phase III preliminary plat; and
WHEREAS, on September 19, 2023the Applicant submitted an application seeking final
plat approval for a portion of the McCormick North Phase III preliminary plat known as
McCormick Woods North Phase III, Division 4, for the subdivision of 54 single-family residential
lots, three tracts, and public right-of-way; and
WHEREAS, City staff has reviewed the proposed final plat for compliance with the Port
Orchard Municipal Code, and recommends approval subject to adequate bonding/securities in
place to ensure the completion of remaining work in the event the Applicant should fail to
comply with the terms of the preliminary plat approval; and
WHEREAS, the Director of Public Works has determined that the proposed means of
sewage disposal and water supply are adequate as constructed or bonded, and recommends
approval of the final plat; and
WHEREAS, the City Engineer recommends approval of the final plat; and
WHEREAS, the City Community Development Director recommends approval of the final
Page 27 of 199
Back to Agenda
Resolution No.
Page 2 of 2
plat; and
WHEREAS, the Applicant has secured bonds guaranteeing completion of certain
improvements required by the Preliminary Plat Approval; and
WHEREAS, the City Council finds that the McCormick Woods North Phase III, Division 4
Final Plat conforms to all terms and conditions of the preliminary plat approval, as approved by
the Hearing Examiner, and that said subdivision meets the requirements of Chapter 58.17 RCW
and other applicable state laws and local ordinances; and
WHEREAS, the City Council finds that the McCormick Woods North Phase III, Division 4
Final Plat conforms to the applicable zoning requirements and Port Orchard's Comprehensive
Plan; 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 Port Orchard City Council approves the final plat for McCormick Woods
North Phase III, Division 4, as illustrated and as legally described in Exhibit A, attached
hereto; and
THAT: The McCormick Woods North Phase III, Division 4 subdivision shall be
governed by the terms of approval of the final plat, and the statutes, ordinances, and
regulations in effect at the time of approval for a period of five years after final plat approval,
unless the City Council finds that a change in conditions has created a serious threat to the
public health or safety in the subdivision.
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 281" day of November 2023.
ATTEST:
Brandy Rinearson, MMC, City Clerk
Robert Putaansuu, Mayor
Page 28 of 199
Back to Agenda
McCORMICK WOODS NORTH PHASE III, DIVISION 4
A PORTION OF THE NW 1/4 OF THE SW 1/4 OF SEC. 04 AND
A PORTION OF THE NE 1/4 OF THE SE 1/4 OF SEC. 05 TWP. 23N., RNG.
CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON
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DEDICATION: APPROVAL
KNOW ALL MEN BY THESE PRESENTS THAT WE, THE UNDERSIGNED OWNERS IN THE
1 E. W. M.
SHEET 1 OF 4
FEE SIMPLE OR CONTRACT PURCHASER AND MORTGAGE HOLDER OF THE LAND HEREBY C ITY ENGINEER
PLATTED, HEREBY DECLARE THIS PLAT AND DEDICATE TO THE USE OF THE PUBLIC
FOREVER ALL STREETS AND AVENUES SHOWN THEREON AND USE THEREOF FOR ALL
PUBLIC PURPOSES NOT INCONSISTENT WITH THE USE THEREOF FOR PUBLIC HIGHWAY I HEREBY CERTIFY THAT THIS FINAL PLAT IS CONSISTENT WITH ALL APPLICABLE
PURPOSES; ALSO THE RIGHT TO MAKE ALL NECESSARY SLOPES FOR CUTS AND FILLS CITY IMPROVEMENT STANDARDS AND REQUIREMENTS IN FORCE ON THE DATE
UPON THE LOTS AND BLOCKS SHOWN ON THIS PLAT IN THE ORIGINAL REASONABLE OF PRELIMINARY/SHORT PLAT APPROVAL. I HAVE APPROVED THIS FINAL PLAT AS
GRADING OF THE STREETS AND AVENUES SHOWN HEREON. THE UNDERSIGNED TO THE LAYOUT OF STREETS, ALLEYS AND OTHER RIGHTS -OF -WAY, DESIGN OF BRIDGES,
OWNERS HEREBY WAIVE ALL CLAIMS FOR DAMAGES AGAINST ANY GOVERNMENTAL SEWAGE AND WATER SYSTEMS AND OTHER STRUCTURES. EXAMINED AND APPROVED
AUTHORITY WHICH MAY BE OCCASIONED TO THE ADJACENT LAND BY THE ESTABLISHED
CONSTRUCTION, DRAINAGE AND MAINTENANCE OF SAID ROAD. THIS SUBDIVISION
HAS BEEN MADE WITH OUR FREE CONSENT AND IN ACCORDANCE WITH OUR DESIRES. BY ME THIS DAY OF 2023.
THE BREMERTON WATER AND PORT ORCHARD SEWER UTILITIES LOCATED WITHIN THE PUBLIC RIGHT-
OF-WAY OR PUBLIC EASEMENTS, SHOWN HEREON, ARE TO BE DEDICATED TO THE CITY OF
BREMERTON AND CITY OF PORT ORCHARD, RESPECTIVELY.
CITY ENGINEER.
THE STORM CONVEYANCE SYSTEM LOCATED WITHIN THE PUBLIC RIGHT-OF-WAY OR PUBLIC
EASEMENTS, SHOWN HEREON, ARE TO BE DEDICATED TO THE CITY OF PORT ORCHARD.
THE UNDERSIGNED OWNERS OF THE INTEREST IN THE REAL ESTATE DESCRIBED HEREIN
HEREBY DECLARE THIS MAP AND DEDICATE THE SAME FOR A COMMON INTEREST COMMUNITY CITY COUNCIL
NAMED THE MCCORMICK WOODS ASSOCIATION(HOA), A PLAT COMMUNITY, AS THAT TERM IS
DEFINED IN THE WASHINGTON UNIFORM COMMON INTEREST OWNERSHIP ACT, SOLELY TO
MEET THE REQUIREMENTS OF THE WASHINGTON UNIFORM COMMON INTEREST OWNERSHIP ACT APPROVED BY THE CITY COUNCIL OF THE CITY OF PORT ORCHARD THIS
AND NOT FOR ANY PUBLIC PURPOSE. THIS MAP AND ANY PORTION THEREOF IS RESTRICTED
BY LAW AND THE DECLARATION FOR THE MCCORMICK WOODS ASSOCIATION(HOA),
RECORDED UNDER KITSAP COUNTY RECORDING NO. DAY OF 2023.
IN WITNESS WHEREOF, WE HAVE HEREUNTO SET OUR HANDS AND SEALS THIS DAY ATTEST:
In^TW77qvV ILE A 1D OF .2023.
• 1"=1000'
PLAT NOTE:
ALL LOTS ARE HEREBY SUBJECT TO AN EASEMENT 2.50 FEET IN WIDTH PARALLEL
WITH AND ABUTTING ALL INTERIOR LOT LINES AND 5.0 FEET IN WIDTH PARALLEL
WITH AND ABUTTING ALL FRONT AND REAR LOT LINES FOR THE PURPOSE OF
INSTALLATION, REPAIR AND MAINTENANCE OF WALLS, STORM DRAINS AND OTHER
UNDERGROUND PRIVATE UTILITIES. IN THE EVENT A LOT LINE ADJUSTMENT IS
APPROVED BY THE CITY AFTER THE RECORDING OF THIS PLAT, THE EASEMENT
SHALL MOVE WITH THE ADJUSTED LOT LINES. MAINTENANCE OF THESE
EASEMENTS AND THE WALLS AND UTILITIES WITHIN THEM SHALL BE THE
RESPONSIBILITY OF THE OWNERS OF THE LOT(S) AND/OR TRACT(S) DERIVING
BENEFIT FROM SAID EASEMENT. UPON COMPLETION OF ANY WORK DONE WITHIN
THESE EASEMENTS THEY SHALL BE FULLY AND IMMEDIATELY RESTORED BY THOSE
RESPONSIBLE FOR THE WORK TO THEIR ORIGINAL OR BETTER CONDITION. THESE
EASEMENTS HAVE NOT BEEN DEPICTED HEREIN AND ARE HEREBY GRANTED TO
THE MCCORMICK WOODS ASSOCIATION(HOA), THEIR CONTRACTOR(S) AND/OR ASSIGNS.
UTILITY EASEMENT:
AN EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO CASCADE NATURAL
GAS, ANY WATER COMPANY, US POSTAL SERVICE, QWEST COMMUNICATIONS
COMPANY, PUGET SOUND ENERGY, INC., ANY CABLE TELEPHONE COMPANY,
ANY CITY, KITSAP COUNTY, ANY OTHER PUBLIC OR PRIVATE UNDERGROUND
UTILITY SERVICE (INCLUDING, BUT NOT LIMITED TO, PRIVATE ROOF
DRAINS) AND OTHER UTILITIES, AND THEIR RESPECTIVE SUCCESSORS AND
ASSIGNS, UNDER AND UPON THE EXTERIOR TEN (10) FEET OF FRONT
BOUNDARY LINES OF ALL LOTS AND TRACTS, IN WHICH TO INSTALL, LAY,
CONSTRUCT, RENEW, OPERATE, MAINTAIN AND REMOVE UTILITY SYSTEMS,
LINES, FIXTURES AND APPURTENANCES ATTACHED THERETO, FOR THE
PURPOSE OF PROVIDING UTILITY SERVICES TO THE SUBDIVISION AND
OTHER PROPERTY, TOGETHER WITH THE RIGHT TO ENTER UPON THE LOTS
AND TRACTS AT ALL TIMES FOR THE PURPOSES STATED, WITH THE
UNDERSTANDING THAT ANY GRANTEE SHALL BE RESPONSIBLE FOR ALL
UNNECESSARY DAMAGE IT CAUSES TO ANY REAL PROPERTY OWNER IN THE
SUBDIVISION BY EXERCISE OF RIGHTS AND PRIVILEGES HEREIN GRANTED.
SURVEYOR'S NOTES:
1) THE MONUMENT CONTROL SHOWN FOR THIS SITE WAS ACCOMPLISHED BY FIELD TRAVERSE
UTILIZING A ONE (1) SECOND THEODOLITE WITH INTEGRAL ELECTRONIC DISTANCE
MEASURING METER (GEODIMETER 600) AND REAL TIME KINEMATIC (RTK) / STATIC
GLOBAL POSITIONING SYSTEM (GPS). LINEAR AND ANGULAR CLOSURE OF THE TRAVERSES
MEET THE STANDARDS OF WAC 332-130-090.
2) UTILITIES OTHER THAN THOSE SHOWN MAY EXIST ON THIS SITE. ONLY THOSE WHICH ARE
VISIBLE OR HAVING VISIBLE EVIDENCE OF THEIR INSTALLATION ARE SHOWN HEREON.
3) THIS SURVEY REPRESENTS PHYSICAL IMPROVEMENT CONDITIONS AS THEY EXISTED
MAY 22, 2017, THE DATE OF THIS FIELD SURVEY.
4) FULL RELIANCE FOR LEGAL DESCIPTIONS AND RECORDED EASEMENTS HAVE BEEN
PLACED ON THE TITLE REPORT FROM FIRST AMERICAN TITLE INSURANCE COMPANY
SUBDIVISION GUARANTEE NUMBER 5003353-OOOBB24E, DATED SEPTEMBER 7, 2023.
NO ADDITIONAL RESEARCH HAS BEEN ATTEMPTED.
5) OFFSET DIMENSIONS SHOWN HEREON ARE MEASURED PERPENDICULAR TO PROPERTY LINES.
6) SHOULD A PRIVATE ROAD SERVE MORE THAN TWO DWELLINGS PER THE CITY
OF PORT ORCHARD FIRE CODE, THE NEW DWELLING UNITS WILL BE REQUIRED
TO BE PROVIDED WITH A FIRE SPRINKLER SYSTEM IN ALL HOUSES BUILT.
7) ALL LOTS SHALL ACCESS FROM INTERIOR ROADS ONLY.
BASIS OF BEARING:
MCCORMICK WOODS NORTH PHASE III, DIVISION 3, ACCORDING TO THE PLAT THEREOF,
RECORDED IN VOLUME 36 OF PLATS, PAGES 122 THROUGH 130, INCLUSIVE, RECORDS OF
KITSAP COUNTY, WASHINGTON.
LEGAL DESCRIPTION:
TRACT FD-7 AND TRACT Pi, MCCORMICK WOODS NORTH PHASE III, DIVISION 3, ACCORDING
TO THE PLAT THEREOF, RECORDED IN VOLUME 36 OF PLATS, PAGES 122 THROUGH 130,
INCLUSIVE, RECORDS OF KITSAP COUNTY, WASHINGTON.
NW
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MCCORMICK DEVELOPMENT CORP.,
A WASHINGTON CORPORATION
BY:
ITS:
ACKNOWLEDGEMENTS:
STATE OF WASHINGTON )
)SS
COUNTY OF I
ON THIS DAY OF 20— BEFORE ME,
THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON,
DULY COMMISSIONED AND SWORN, PERSONALLY APPEARED TO ME
PERSONALLY KNOWN (OR PROVEN ON THE BASIS OF SATISFACTORY EVIDENCE) TO
BE THE OF MCCORMICK DEVELOPMENT CORP., A WASHINGTON
CORPORATION , THE COMPANY THAT EXECUTED THE WITHIN AND FOREGOING
INSTRUMENT, AND ACKNOWLEDGED 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 WAS AUTHORIZED TO EXECUTE
SAID INSTRUMENT AND THAT THE SEAL AFFIXED, IF ANY, IS THE CORPORATE
SEAL OF SAID CORPORATION.
WITNESS MY HAND AND SEAL HERETO AFFIXED THE DAY AND YEAR IN THIS
CERTIFICATE ABOVE WRITTEN.
NOTARY PUBLIC IN AND FOR THE STATE
OF WASHINGTON, RESIDING IN
MY COMMISSION EXPIRES:
PRINT NOTARY NAME
TITLE REPORT ITEM NOTES:
1) ITEM CONCERNING A DEVELOPMENT AGREEMENT, RECORDED UNDER RECORDING
NO. 201012210340. NON -SURVEY RELATED.
2) ITEM CONCERNING AN ASSIGNMENT OF AGREEMENTS, EASEMENTS, COVENANTS
AND RECORDED INTERESTS IN PROPERTY, RECORDED UNDER RECORDING
NO. 201512310228. NON -SURVEY RELATED.
3) ITEM CONCERNING MEMORANDUM OF RIGHT OF FIRST OFFER, RECORDED
UNDER RECORDING NO. 202001150206. NON -SURVEY RELATED.
4) ITEM CONCERNING A DEVELOPMENT AGREEMENT, RECORDED UNDER
RECORDING NO. 202102190203. NON -SURVEY RELATED.
5) ITEM CONCERNING A DEVELOPMENT AGREEMENT, RECORDED UNDER RECORDING
NO. 202210050135. NON -SURVEY RELATED.
6) ITEM CONCERNING AN EASEMENT FOR ELECTRIC TRANSMISSION AND/OR
DISTRIBUTION SYSTEM, RECORDED UNDER RECORDING NO. 202301050021.
THIS IS AN AS -CONSTRUCTED EASEMENT, THEREFORE AN EXACT LOCATION
CANNOT BE SHOWN.
7) ITEM CONCERNING PLAT OF MCCORMICK WOODS NORTH PHASE III,
DIVISION 3, RECORDED IN VOLUME 36 OF PLATS AT PAGES 122-130, SAID
PLAT CREATING TRACT FO-7.
8) ITEM CONCERNING A DEED OF TRUST, RECORDED UNDER RECORDING
NO. 202203280226. NON -SURVEY RELATED.
TRACT NOTE:
1) TRACT RO-C IS A PRIVATE ACCESS AND UTILITY TRACT, TO BE OWNED/MAINTAINED
BY THE MCCORMICK WOODS ASSOCIATION(HOA), FOR THE BENEFIT OF
LOTS 80 AND 81.
2) TRACT P1 IS DESIGNATED AS A PARK TRACT, TO BE OWNED/MAINTAINED
BY THE MCCORMICK WOODS ASSOCIATION(HOA).
CITY CLERK
MAYOR
CITY FINANCE DIRECTOR
I HEREBY CERTIFY THAT ALL TAXES AND DELINQUENT ASSESSMENTS FOR
WHICH THE PROPERTY MAY BE LIABLE AS OF THE DATE OF CERTIFICATION
HAVE BEEN DULY PAID, SATISFIED OR DISCHARGED.
EXECUTED THIS _ DAY OF , 2023.
FINANCE DIRECTOR
AUDITOR'S CERTIFICATE
FILED AT THE REQUEST OF STEPHEN H WOODS, PLS, THIS DAY OF
2023, AND RECORDED IN VOLUME OF PLATS, PAGE (S)
RECORDS OF KITSAP COUNTY, WASHINGTON.
KITSAP COUNTY AUDITOR
FEE:
COUNTY TREASURER
THIS IS TO CERTIFY THAT ALL TAXES HERETOFORE LEVIED AND WHICH HAS
BECOME A LIEN UPON THE LANDS HEREIN DESCRIBED, HAVE BEEN FULLY PAID
AND DISCHARGED, ACCORDING TO THE RECORDS OF MY OFFICE, UP TO AND
INCLUDING THE YEAR
EXECUTED THIS _ DAY OF _ , 2023.
COUNTY TREASURER
COMMUNITY DEVELOPMENT DIRECTOR
I HEREBY CERTIFY THAT THIS FINAL PLAT IS CONSISTENT WITH ALL APPLICABLE
TOWN/CITY IMPROVEMENT STANDARDS AND REQUIREMENTS IN FORCE ON THE DATE
OF PRELIMINARY PLAT APPROVAL. I HAVE APPROVED THIS FINAL PLAT AS TO THE
LAYOUT OF STREETS, ALLEYS AND OTHER RIGHTS -OF -WAY, DESIGN OF BRIDGES,
SEWAGE AND WATER SYSTEMS AND OTHER STRUCTURES. EXAMINED AND APPROVED
THIS DAY OF , 2023.
COMMUNITY DEVELOPMENT DIRECTOR DATE
LAND SURVEYOR'S CERTIFICATE:
THIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY ME OR UNDER MY DIRECTION
IN CONFORMANCE WITH THE REQUIREMENTS OF THE SURVEY RECORDING ACT AT THE
REQUEST OF MCCORMICK DEVELOPMENT CORP., A WASHINGTON CORPORATION, IN
SEPTEMBER, 2023. I HEREBY CERTIFY THAT THIS MAP FOR MCCORMICK WOODS NORTH
PHASE III, DIVISION 4 PLAT, IS BASED UPON AN ACTUAL SURVEY OF THE PROPERTY
HEREIN DESCRIBED; THAT THE BEARINGS AND DISTANCES ARE CORRECTLY SHOWN;
THAT ALL INFORMATION REQUIRED BY THE WASHINGTON UNIFORM COMMON INTEREST
OWNERSHIP ACT IS SUPPLIED HEREIN: ALL MONUMENTS AND LOT CORNERS ARE SET OR
BONDED WITH THE CITY AND WILL BE SET PRIOR TO RELEASE OF THE BOND. THAT THIS
PLAT CONFORMS TO THE APPROVED PRELIMINARY PLAT AND THE CONDITIONS OF
APPROVAL THEREOF.
4 L
I I!7/23
STEPHEN H. WOODS, P.L.S. 38965 DATE
Job No. 21-111
Fj
E N G I N E E R I N G L L
CIVIL ENGINEERS -SURVEYORS LAND PLANNERS
4706 97th Street NW, Suite #100, Gig Harbor, WA 98335
Phone: 253-857-5454 Fax: 253-509-0044 info@contourpllc.com
SHEET 1 OF 4
LU23-Plat Final-03
Back to Agenda
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LEGEND: 4,:
= MONUMENT FOUND. A t os o(pj q.? 2 19
(P) = MCCORMICK WOODS NORTH PHASE III, DIVISION 3 Soo ° (�J�10)
(C) = CALCULATED
3K = CITY OF PORT ORCHARD STANDARD MONUMENT TO BE SET.
p = SET TACK IN LEAD WITH WASHER STAMPED "PLS 38965"
AT THE EXTENSION OF LOT LINE AT TOP OF CURB SEE EXISTING AND PROPOSED
EASEMENT ON SHEET 4 OF 4
SHEET 2 OF 4
CURVE TABLE
CURVE
ARC
DELTA
I RADIUS
Cl
135.16'
24'00'48"
322.50'
C2
126.15'
24'00'48"
301.00'
C3
0.91'
0'01'58"
1589.20'
C4
15.29'
10'07'46"
86.50'
C5
26.76'
17'43'28"
86.50'
C6
0.87'
0'34'41"
86.50'
C71
6.69'
1'06'51"
344.00'
C81
36.66'1
75-00'59"1
28.00'1
LINE TABLE
CURVE
L11
I BEARING
N51'04'33"E
IDISTANCEI
13.13'
L2
N51*53'05"W
18.15'
L3
N51'04'33"E
13.13'
L4
S51'04'33"W
13.13'
15
L61
S17'38'An "W
N04'02'18"E
27.46'
49.23'
L7
N85'57'42"W
19.94'
L8
SO4'10'34"W
25.00'
L9
SO4'15'59"W
73.07'
1 10
Si7'38'40"W
45.97'
�r_*- D
0 50 100
SCALE: 1" = 50'
LOT ADDRESS
LOT NO.
ADDRESS
LOT NO.
ADDRESS
64
4170
REEF ROAD
SW
125
3286
SW
PIER
LANE
65
4160
REEF ROAD
SW
126
3296
SW
PIER
LANE
66
4150
REEF ROAD
SW
127
3304
SW
PIER
LANE
67
4140
REEF ROAD
SW
128
3314
SW
PIER
LANE
68
4130
REEF ROAD
SW
129
3324
SW
PIER
LANE
69
4120
REEF ROAD
SW
130
3334
SW
PIER
LANE
70
4100
REEF ROAD
SW
131
3344
SW
PIER
LANE
71
4090
REEF ROAD
SW
132
3354
SW
PIER
LANE
72
4080
REEF ROAD
SW
133
3364
SW
PIER
LANE
73
4070
REEF ROAD
SW
134
3374
SW
PIER
LANE
74
4060
REEF ROAD
SW
135
3353
SW
PIER
LANE
75
4050
REEF ROAD
SW
136
3343
SW
PIER
LANE
76
4040
REEF ROAD
SW
137
3333
SW
PIER
LANE
77
4030
REEF ROAD
SW
138
3321
SW
PIER
LANE
78
4020
REEF ROAD
SW
139
3311
SW
PIER
LANE
79
4010
REEF ROAD
SW
140
3301
SW
PIER
LANE
80
4041
WANDERING
WAY
141
3291
SW
PIER
LANE
81
4051
WANDERING
WAY
142
3281
SW
PIER
LANE
82
4071
WANDERING
WAY
143
3371
SW
PIER
LANE
83
4091
WANDERING
WAY
144
3261
SW
PIER
LANE
84
4101
WANDERING
WAY
145
4009
SW
PIER
LANE
85
4111
WANDERING
WAY
146
4019
SW
PIER
LANE
86
4131
WANDERING
WAY
147
4029
SW
PIER
LANE
87
4151
WANDERING
WAY
148
4039
SW
PIER
LANE
88
4171
WANDERING
WAY
149
4049
SW
PIER
LANE
123
3266
SW PIER LANE
150
4059
SW
PIER
LANE
124
3276
SW PIER LANE
151
4069
SW
PIER
LANE
Job No. 21-111
CIVIL ENGINEERS -SURVEYORS LAND PLANNERS
4706 97th Street NW, Suite #100, Gig Harbor, WA 98335
Phone: 253-857-5454 Fax: 253-509-0044 info@contourpllc.com
SHEET 2 OF 4
LU23-Plat Final-03
Back to Agenda
CD
LO
CD
w
m
m
0
m
co
m
m
3
w
co
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LEGEND:
Q5 = MONUMENT FOUND.
McCORMICK WOODS NORTH PHASE III, DIVISION 4
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(P) = MCCORMICK WOODS NORTH PHASE III, DIVISION 3
(C) = CALCULATED
3K = CITY OF PORT ORCHARD STANDARD MONUMENT
SHEET 3 OF 4
o
3j V'
F 2g0 l
Job No. 21-111
F.
E N G I N E E P I N G L L
CIVIL ENGINEERS -SURVEYORS LAND PLANNERS
4706 97th Street NW, Suite #100, Gig Harbor, WA 98335
Phone: 253-857-5454 Fax: 253-509-0044 info@contourpllc.com
SHEET 3 OF 4
LU23-Plat Final-03
Back to Agenda
McCORMICK WOODS NORTH PHASE III, DIVISION 4
EASEMENTS LAYOUT
I
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1
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rl-
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SCALE: 1" = 50'
co
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Q
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=3 LJJ
Cl LLL
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410
LO
co
02
co
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SHEET 4 OF 4
CURVE TABLE
CURVE
ARC
DELTA
RADIUS
C9
11.04'
22'35'56"
28.00'
C10
10.05'
20'34'23"
28.00'
Cii
23.66'
48'25'28"
28.00'
C12
C13
27.40'
10.02'
36'05'35"
13'12'02"
43.50'
43.50'
C14
34.77'
45'47'55"
43.50'
C15
26.84'
27'27'51"
56.00'
C16
10.01'
10'14'42"
56.00'
C17l
33.71'
34'29'40"
56.00'
LINE TABLE
LINE
BEARING
DISTANCE
L11
S88'22'38"E
10.00'
L12
N01'37'22"E
10.00'
L13
L14
S88'22'38"E
N51'20'41"E
1 10.00'
10.00'
L15
N38'39'19"W
10.00'
L16
N51'20'41"E
10.00'
L17
S23'19'14"E
10.00'
L18
N66'40'46"E
10.00'
L19
N23'19'14"W
10.00'
L20
N17*38'40"E
27.46'
L21
N04'02'18"E
12.36'
f—
I
I
o O
CO11
Lo
co �
.-�
y
� '171
CIO
—
DETAIL
"A"
1" =
20
r- — — — — — — — — — — — —�
1 I
Iti \�
c� LO 9p �qOf
11 I
DETAIL "B"
1" = 20
Cn
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s18
01
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I
DETAIL "C"
1" = 20
Job No. 21-111
E N G I N E E R I N G- L L C
CIVIL ENGINEERS -SURVEYORS LAND PLANNERS
4706 97th Street NW, Suite #100, Gig Harbor, WA 98335
Phone: 253-857-5454 Fax: 253-509-0044 info@contourpllc.com
SHEET 4 OF 4
LU23-Plat Final-03
CITY OF PORT ORCHARD Back to Agenda
Development Director
Office Located at 720 Prospect Street
Mailing Address: 216 Prospect Street, Port Orchard, WA 98366
Phone: (36o) 874-5533 • planning@portorchardwa.gov
November 21, 2023
City Council
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
Re: Recommendation of Approval of Final Plat for McCormick Woods North Phase III Division
4 (LU23-PLAT FINAL-03)
Dear City Council:
In accordance with RCW 58.17.150(2), 1 hereby state that I have reviewed the subdivision
documents for conformance to applicable land use regulations and to the conditions in the City
of Port Orchard Hearing Examiner Decision dated October 20, 2010, and the subsequent major
plat amendment decision issued by the City of Port Orchard Hearing Examiner on December 20,
2021. The City of Port Orchard SEPA Responsible Official issued a Determination of Non -
significance for the project on October 15, 2021. The subdivision complies with all terms and
conditions of the approved preliminary plat that are within the authority of the Department of
Community Development. I therefore recommend approval of the final plat.
Sincerely,
Nicholas Bond, AICP
City Development Director
Page 33 of 199
Back to Agenda
CITY OF PORT ORCHARD
City Engineer
216 Prospect Street, Port Orchard, WA 98366
Voice: (36o) 876-4991 • Fax: (36o) 876-4980
khammer@portorchardwa.gov
www.portorchardwa.gov
November 20, 2023
Port Orchard City Council
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
Re: Recommendation of Approval of Final Plat for McCormick Woods North Phase III Division 4 (LU23-
PLAT FINAL-03)
Dear City Council:
In accordance with RCW 58.17.150(2), 1 hereby state that I have reviewed the subdivision documents for
conformance to applicable land use regulations and to the Conditions and Mitigation Measures within the
City of Port Orchard Hearing Examiner decision dated October 20, 2010, and the subsequent major plat
amendment decision issued by the City of Port Orchard Hearing Examiner on December 20, 2021. The
subdivision as presented complies with all terms and conditions of the approved preliminary plat that are
within the authority of the Public Works Department.
I also state that the City of Port Orchard has confirmed that it has sufficient sewage disposal and water
supply, pursuant to the completion of the McCormick Sewerage Lift Stations No. 1 and No. 2 Agreement
as outlined in the 2018 City of Port Orchard McCormick Woods Lift Stations No. 1 and No.2 Agreement.
With regard to water supply capacity, the development is located within the City of Bremerton's Retail
Water Service Area.
Finally, the final plat documents have been reviewed, and I have confirmed that all working drawings and
specifications for the improvements have been prepared in conformance with City standards and that all
required improvements are either complete and accepted, or that a Performance Bond has been
established for all unfinished/or unaccepted work. I therefore recommend approval of the final plat for
Phase 3. If you should have any questions, or need additional information, please feel free to contact me
at this office.
Sincerely,
K. Chris Hammer, PE, PMP
City Engineer
Page 34 of 199
Back to Agenda
BILL OF SALE
THIS BILL OF SALE is made and executed this Pf
day of 20X3,
by and between _McCormick Development Corp , a Washington Limited Liability
Corporation, hereinafter called the "Grantor" and the City of Port Orchard, a Municipal
Corporation, hereinafter called the "Grantee."
WITNESSETH:
That the Grantor, for good and valuable consideration, the receipt of which is hereby
acknowledged, hereby conveys, sets over, assigns, transfers and delivers and warrants to the
City of Port Orchard ownership in the following described personal property situated in Kitsap
County, State of Washington, and installed by the Grantor to date, TO WIT:
Public sewer mains and public road and storm improvements and associated appurtenances
constructed on -site at the McCormick North Phase III Division 4 project located on parcel 5718--
00-173-0003. These improvements are further described in Exhibit A and itemized in Exhibit
B both of which are attached hereto and incorporated herein by this reference.
The Grantor hereby warrants that it is the lawful and sole owner of all the personal property
above conveyed, that such items are free from all liens and encumbrances, that the Grantor
has the full power to convey and transfer the same, and that the Grantor will defend the same
against the claims and demands of any and all persons lawfully making claims thereto. The
Grantor further warrants that the execution of this Bill of Sale is an authorized act of said
Grantor.
Dated at Washington, this ;Zyrfi day of $> , 20,-�3
GRA R: cC rriick evelopment Corp)
By:
Its: ut rized Signatory
Print Nam James N Tosti
PASurety forms\Bill of Sale\approved by Interim Atty\Bill of Sale -- Master Form
Page 35 of 199
Back to Agenda
[Remainder of page intentionally left blank]
PASurety forms\Bill of Sale\approved by Interim Atty\Bill of Sale -Master Form
Page 36 of 199
Back to Agenda
STATE OF WASHINGTON
)ss
COUNTY OF /C'ZNG
On this 2 LI day of Oe7zdc:2 , 20E, before me personally appeared
J IAN 4"S 7-51- , to me known to be the managing member for
h�cor2Mrck_ ►iCzy'ryoPMCA-T c-Izp , a limited liability corporation, that executed the within
and 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.
Given under my hand and official seal this L Y " day of 04'M3-e2 , 20 9 .
Mlilarn Hizzey
Notary Public �, (.,���to,.� N�zC•y
State of Washington No is in and for the State of Washington,
My Appointment Expires 4/18/2026 residing in 1N--iZ -v rkt-
Commission Number 22017366
My commission expires 4{/(6- ZC
Dated at Port Orchard, Washington, this day of , 20_
CITY OF PORT ORCHARD
By:
Rob Putaansuu, Mayor
STATE OF WASHINGTON
)ss
COUNTY OF KITSAP )
On this day and year above personally appeared before me, Rob Putaansuu, who
executed the foregoing instrument, and acknowledged the said instrument to be the free and
voluntary act and deed of the City of Port Orchard for the uses and purposes therein mentioned,
and on oath states he is authorized to execute the said instrument.
Given under my hand and official seal this day of , 20_
Notary Public in and for the State of Washington,
residing in
My commission expires
P:\Surety fortes\Bill of Sale\approved by Interim Atty\Bill of Sale —Master Form
Page 37 of 199
Back to Agenda
Exhibit A
List of Required Improvements
The following provides a general description of the improvements conveyed under
this Bill of Sale related to the "McCormick Woods North Phase III Division 4" project
as shown in the approved construction plans prepared by Contour Engineering LLC
with the City approval dated 4.11.22.
1.) Specific improvements conveyed under this Bill of Sale include the following elements found
within this approved construction drawings set as follows.
a. Public sewer main extension, associated manholes and appurtenances within the plat
as shown on below plan sheets
i. C50-C69
b. Public road and storm improvements associated structures and appurtenances within
the plat as shown on below plan sheets.
i. C27-C44.1
The items, quantity and value of the improvements described above and conveyed
under this Bill of Sale are presented in Exhibit B and are associated with City of Port
Orchard Permit #s PW21-050 and PW21-051.
Page 38 of 199
108 West Stewart
Puyallup, WA 9837.1
r I OL
EXHIBIT B
Office 0521 A0y-7?A0
CI1111 CONTRACTOR
Fax (2. Back to Agenda
WWW.rI+.,.., v,.,'.............."`
To:
The Cordillera Group
Engineer: Contour Engineering LLC
Attn:
Mr. Nick Tosti
Permit #: PW21-051
805 Kirkland Ave, Suite 200
Plans: Civil: Plans dated 4-11-22
Kirkland, WA 98033
Date:
23-Oct-23
Project:
McCormick North Phase III: Div. 4
Project #:
29140
Addendums:
N/A
Revision #:
Geotech Report: N/A
McCormick North III - DIV. 4
Code Description Quan Units Price Total:
Road Grading & Construction- Public
80
Sawcut & Demo Existing Asphalt
60
LF
$8.00
$480.00
82
Fine Grade Roadway
48,000
SF
$0.15
$7,200.00
84
Fine Grade Sidewalks/Driveways/Path
19,650
SF
$1.15
$22,597.50
86
Fine Grade Curb
3,275
LF
$3.25
$10,643.75
90
Concrete Rolled Curb and Gutter
3,275
LF
$18.85
$61,733.75
92
Concrete Driveways (6")
19,650
SF
$6.55
$128,707.50
94
Handicap/Transition Ramps
4
EA
$985.00
$3,940.00
96
Fine Grade & Place Gravel Base
1,335
TON
$32.00
$42,720.00
98
Fine Grade & Place CSTC
1,750
TON
$30.00
$52,500.00
100
Asphalt Paving- 3" HMA Cl 1/2"
960
TON
$110.00
$105,600.00
102
Survey Monuments
11
EA
$525.00
$5,775.00
104
Channelization & Signage
1
LS
$9,500.00
$9,500.00
Total Road Grading & Construction- Public
$451,397.50
Sanitary Sewer System
* 126
Connect To Existing
3
EA
$3,500.00
$10,500.00
* 127
Demo/Abandon Existing Side Sewers
3
EA
$845.00
$2,535.00
* 128
4" PVC SDR-35 Side Sewer
755
LF
$33.25
$25,103.75
* 130
6" PVC SDR-35 Side Sewer
1,438
LF
$36.80
$52,918.40
' 132
8" PVC SDR-35 Sewer
1,265
LF
$44.10
$55,786.50
* 134
48" SSMH (W/ GU Liner)
11
EA
$7,800.00
$85,800.00
* 136
Side Sewer Cleanouts
54
EA
$490.00
$26,460.00
138
Raise Manhole To Final Grade (1-Lift)
16
EA
$625.00
$10,000.00
Total Sanitary Sewer System
$269,103.65
Storm System- Public
154
Connect To Existing
8
EA
$3,500.00
$28,000.00
156
8" DIP C1-50 Storm
276
LF
$72.00
$19,872.00
158
8" ADS CPEP Storm
29
LF
$37.00
$1,073.00
160
12" DIP C1-50 Storm
83
LF
$80.00
$6,640.00
162
12" ADS CPEP Storm
735
LF
$47.90
$35,206.50
164
18" ADS CPEP Storm
473
LF
$76.85
$36,350.05
166
Catch Basin Type 1
15
EA
$1,100.00
$16,500.00
168
Catch Basin Type IL
11
EA
$1,400.00
$15,400.00
170
Catch Basin Type II 48"
1
EA
$2,925.00
$2,925.00
172
Replace CB Casting W/ Vaned Grate
13
EA
$350.00
$4,550.00
Total Storm System- Public
$166,516.55
BILL OF SALE: SUB -TOTAL --
SA 11,.S TAX - 9. 3% »»>
BILL OF SALE: TOTAL »»>
Items marked * are taxable
$887,017.70
$24,219.33
$911,237.03
Page 39 of 199
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CITY OF PORT ORCHARD
PERFORMANCE BOND FOR PRIVATE SECTOR PROJECTS
(Note: City must receive the two years Maintenance/Warranty Bond prior to releasing Performance Bond)
PROJECT or PERMIT # PW21-050, 051 DIV 3 Trees
CONTRACT #
SURETY BOND #: 0825455
DATE ACCEPTED:
PROJECT COMPLETION DATE:
RE: Project Name: McCormick North DIV 4 Street Trees
Owner/Developer/Contractor: McCormick Development Corp.
Project Location: Port Orchard WA
KNOW ALL PERSONS BY THESE PRESENTS: That we, McCormick Development Corp.
(hereinafter called the "Principal"), and Harco National Insurance Company a corporation organized
under the laws of the State of Illinois , and authorized to transact surety business
in the State of Washington (hereinafter called the "Surety"), are held and firmly bound unto the City of Port
Orchard, Washington, in the sum of Forty -Seven Thousand Five Hundred Twenty and 00/100
($ 47,520.00 ), 150% of the total construction amount for Private Developers, lawful
money of the United States of America, for the payment of which sum we and each of us bind ourselves, our
heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. THE
CONDITIONS of the above obligation are such that:
WHEREAS, the above named Principal has entered into a certain agreement with the City, to perform
the following project within the City: McCormick North DIV 4 Street Trees
: and
WHEREAS, the agreement with the City requires that certain improvements be made as part of the
project; and that such improvements be constructed in full compliance with City standards, and the plans and
specifications as required by the City; and
WHEREAS, the agreement with the City requires that the improvements are to be made or constructed
within a certain period of time, unless an extension is granted in writing by the City; and
NOW, THEREFORE, it is understood and agreed that this obligation shall continue in effect until
released in writing by the City of Port Orchard, but only after the Principal has performed and satisfied the
following conditions:
A. Conditions.
The improvements to be constructed by the Principal include: (Insert complete description here or
add summary here and refer to a separate detailed description attached as Exhibit A)
Installation of Street Trees
Page 1 of 6
Surety Forms\PW Civil\Approved by Lighthouse Atty\SEC 6-27-`i§4604fgf 199
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2. The Principal must construct the improvements to conform to the design, location, materials and
other specifications for the indicated site improvements, as required by the City in the above -
referenced project. In addition, the Principal must construct the improvements according to the
applicable ordinances and standards of the City and/or state statutes, as the same now exist or are
hereafter amended.
The Principal must have completed all improvements required by the above -referenced conditions,
plans and City file by unless an extension is granted by the City.
4. The Principal must have paid all sums owing to laborers, contractors, mechanics, subcontractors,
material -men and suppliers or others as a result of such work for which a lien against any City
property has arisen or may arise. The Principal shall indemnify and hold harmless the City of Port
Orchard, its officers, officials and agents from any claim for such payment.
5. The Principal must obtain acceptance by the City of the work completed, all on or before thirty
(30) days after the completion date set forth in Section A(3) above. Therefore, a Performance
Bond in the amount of 150% of the anticipated construction costs to guarantee the Work to be
completed shall be provided prior to the commencement of Work and will be released upon
completion and acceptance of all Work and upon receipt of the 2-year Maintenance/Warranty
Bond. All bonds must be in a form approved by the City.
6. The Principal shall indemnify and hold harmless the City of Port Orchard, its officers, officials
and agents from any claims relating to defect(s) in any of the workmanship entering into any part
of the work or designated equipment covered by the contract between the Principal and the City.
Once the work has been completed and accepted by the City, and all other conditions of this Bond
have been satisfied, this Performance bond will be released and replaced with a two (2) year
Maintenance Bond, not to exceed the sum of Six Thousand Three Hundred Thirty -Six and 60/100 dollars
($ 6,336.00 ), 20% of the total contract amount. This hold harmless and
indemnification agreement shall survive the expiration of this Bond.
B. Default.
1. If the Principal defaults and does not perform the above conditions within the time specified, then
the Surety shall, within twenty (20) days of demand of the City, make a written commitment to
the City that it will either:
a). remedy the default itself with reasonable diligence pursuant to a time schedule
acceptable to the City; or
b). tender to the City within an additional ten (10) days the amount necessary, as
determined by the City, for the City to remedy the default, up to the total bond amount.
Upon completion of the Surety's duties under either of the options above, the Surety shall then
have fulfilled its obligations under this bond. If the Surety elects to fulfill its obligation pursuant
to the requirements of subsection B(1)(b), the City shall notify the Surety of the actual cost of the
remedy, upon completion of the remedy. The City shall return, without intcrest, any overpayment
made by the Surety, and the Surety shall pay to the City any actual costs, which exceeded the City's
estimate, limited to the bond amount.
2. In the event the Principal fails to complete all of the above referenced improvements within the
time period specified by the City, then the City, its employees and agents shall have the right at
the City's sole election to enter onto said property described above for the purpose of completing
the improvements. This provision shall not be construed as creating an obligation on the part of
the City or its representatives to complete such improvements.
l Q Page 2 of 6
Surety Forms\PW Civil\Approved by Lighthouse Atty\SEC 6-27-Pa\ge �1 of 199
Back to Agenco
C. Corrections. Any corrections required by the City shall be commenced within seven (7) days of
notification by the City and completed within thirty (30) days of the date of notification. If the work is
not performed in a timely manner, the City shall have the right, without recourse to legal action, to take
such action under this Bond as described in Section B above.
D. Extensions and Changes. No change, extension of time, alteration or addition to the terms of the
contract or to the work to be performed by the Principal or the specifications accompanying_ the same
shall in any way affect the obligation of the Principal or Surety on this bond, unless the City specifically
agrees, in writing, to such alteration, addition, extension or change. The Surety waives notice of any
such change, extension, alteration or addition thereunder. The Surety hereby agrees that modification
and changes may be made in the terms and provisions of the aforesaid contract without notice to Suxety
and any such modifications or changes increasing the total amount to be paid the Principal shall
automatically increase the obligation on this Performance Bond in a like amount.
E. Enforcement. It is specifically agreed by and between the parties that in the event any legal action must
be taken to enforce the provisions of this bond or to collect said bond, the prevailing party shall be
entitled to collect its costs and reasonable attorney fees as a part of the reasonable costs of securing the
obligation hereunder. In the event of settlement or resolution of these issues prior to the filing of any
suit, the actual costs incurred by the City, including reasonable attorney fees, shall be considered a part
of the obligation hereunder secured. Said costs and reasonable legal fees shall be recoverable by the
prevailing party, not only from the proceeds of this bond, but also over and above said bond as a part
of any recovery (including recovery on the bond) in any judicial proceeding. The Surety hereby agrees
that this Agreement shall be governed by the laws of the State of Washington. Venue of any litigation
arising out of this Agreement shall be in Kitsap County Superior Court.
F. Bond Expiration. This bond shall remain in full force and effect until the obligations secured hereby
have been fully performed and a Maintenance Bond as described in Section A(6) of this Bond has
been submitted to the City, in a form suitable to the City and until released in writing by the City.
Page 3 of 6
Surety Forms\PW Civil\Approved by Lighthouse Atty\SEC 6-27-16Q42?&f 199
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DATED this 8th day of November 20 23
SURETY COMPANY
(Signature must be notarized)
By:.--`_
Its hey -in -fact
Print Name: Jim S. Kuich
Business Name: Harco National Insurance Company
Business Address: 11900 NE 1st Street, Suite 105
City/State/Zip Code: Bellevue, WA 98005
Telephone Number: (509)846-4164
PRINCIPAL
( Signature =-M,be ax tarized)
By:
Its
Print Name: _.S
Business Name: McCormick Development Corp.
Business Address: 805 Kirkland Ave., #200
City/State/Zip Code: Kirkland, WA 98033
Telephone Number: (425)894-6382
CITY OF PORT ORCHARD
ACCEPTED DATE:
BY- '
PRINTED NAME: Dgni5 -RAQY\
ITS:
BUSINESS NAME: CITY OF PORT ORCHARD
ADDRESS: 216 PROSPECT STREET
CITY/STATE/ZIP: PORT ORCHARD. WA 98366
PHONE NUMBER: 360-876-4991
Page 4 of 6
Surety Forms\PW Civil\Approved by Lighthouse Atty\SEC 6-27-"AW 0 y9f 199
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FORM P-1 NOTARY BLOCK
(Use for Individual/Sole Proprietor Only)
STATE OF WASHINGTON )
ss.
COUNTY OF )
I certify that I know or have satisfactory evidence that is the
person who appeared before me, and said person acknowledged that (he/she) signed this instrument, and
acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument.
Dated:
signature
print name
NOTARY PUBLIC in and for the
State of Washington, residing
at:
My Commission expires:
FORM P-2 NOTARY BLOCK
(Use for Partnership or Corporation Only)
STATE OF WASHINGTON )
ss.
COUNTY OF & r Ai )
I certify that I know or have satisfactory evidence that ,SA- C 5 7-0s7' is the
person who appeared before me, and said person acknowledged as the /ak s t+a zc� S;16.-n roxy
of m Gu (t"Tck. 00161 "t'Mr wY wiz p that (he/she) signed this instrument, on oath stated that
(he/she) was authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary
act for the uses and purposes mentioned in the instrument.
11am Hizzey
Notary Public
State of Washington
My Appointment Expires 4/18/2026
[_ Commission Number 22017368
Dated: i t / t (� / 2J
signature
GvjLLiq f_azty
print name
NOTARY PUBLIC in and for the
State of Washington, residing
at: (NX DIN VIEZt,
My Commission expires: Ll /tV1 t,G
Page 5 of 6
Surety Forms\PW Civil\Approved by lighthouse Atty\SEC 6-27-16\05-01-20
Page 44 of 199
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FORM P-3 NOTARY BLOCK
(Use for Surety Company Only)
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Jim S. Kuich is the
person who appeared before me, and said person acknowledged as the Attorney -in -fact
of Harco National Insurance Company that (he/she) signed this instrument, on oath stated that
(he/she) was authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary
act for the uses and purposes mentioned in the instrument.
Dated: 11 /8/2023
signature
Emma C. Doleshel
print name
NOTARY PUBLIC in and for the
State of Washington, residing
at: Lake Stevens. WA
My Commission expires: 12/l/2025
Page 6 of 6
Surety Forms\PW Civil\Approved by Lighthouse Atty\SEC 6-27-16\05-01-20
Page 45 of 199
POWER OF ATTORNEY Back to Agenda
HARCO NATIONAL INSURANCE COMPANY
INTERNATIONAL FIDELITY INSURANCE COMPANY
Member companies of [AT Insurance Group, Headquartered: 4200 Six Forks Rd, Suite 1400, Raleigh, NC 27609
KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of
the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New
Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and
appoint
ANNETTE M. TROSETH, TED BARAN, AMANDA IVEY, JIM S. KUICH, SARAH H. BEHRENS, EMMA C. DOLESHEL, NATALIE C. CHAU, HEATHER
L. ALLEN, ANDY PRILL, THERESA A. LAMB, STEVE WAGNER, MICHAEL A. MURPHY, JIM W. DOYLE, CHAD M. EPPLE
Bothell, WA
their true and lawful attomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of
indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract
or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL
INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had
been duly executed and acknowledged by their regularly elected officers at their principal offices.
This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of HARCO NATIONAL INSURANCE COMPANY
and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of
Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of
Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018.
"RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the
Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited
in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings,
recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation
may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute
waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed
by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written
obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the
Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same
force and effect as though manually affixed."
IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL
FIDELITY INSURANCE COMPANY have each executed and attested these presents
on this 31st day of December, 2022
STATE OF NEW JERSEY STATE OF ILLINOIS
Or County of Essex County of Cook
SEAL
19041
Kenneth Chapman
Executive Vice President, Harco National Insurance Company
and International Fidelity Insurance Company
On this 31st day of December, 2022 , before me came the individual who executed the preceding instrument, to me personally known, and,
being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and
INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the
said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies.
HY "'
CR�''IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark,
'Gp5
F New Jersey the day and year first above written.
r +►:..i. m. A
14 ,, . oFNrw �,,' Cathy Cruz a Notary Public of New Jersey
'7a.,,,:��.•,'. My Commission Expires April 16, 2024
CERTIFICATION
I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify
that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as yet
forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the
whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.
IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, v h ,
A01083
Page 46 of 199 Irene Martins, Assistant Secretary
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 4G
Subject: Approval of an Amendment to Contract
No. 072-22 with Axon Enterprise, Inc. for
Bodv-worn Cameras
Back to Agenda
Meeting Date:
November 28, 2023
Prepared by:
Matt Brown
Chief of Police
Atty Routing No.:
N/A
Atty Review Date:
N/A
Summary: The City has a contract with Axon Enterprise, Inc. (C072-22) to provide body -worn cameras,
conducted energy devices, and associated hardware and software. The five-year contract has forty-four
months remaining and all costs are paid annually for the life of the contract.
The department recently increased the FTE count to twenty-seven commissioned peace officers. To properly
equip these additional peace officers, it is necessary to purchase three (3) additional body -worn cameras,
conducted energy devices, plus associated hardware and software. This purchase further ensures that the
police department is capable of immediate replacement should any hardware or software be damaged by
normal use or other factors.
Recommendation: Staff recommends that the City Council approve the amendment to Contract C072-22 for
the purchase of three (3) additional body -worn cameras, conducted energy devices, plus associated hardware
and software, for a total purchase price of $28,052.29.
Relationship to Comprehensive Plan: N/A.
Motion for consideration: I move to amend Contract C072-22 for the purchase of
Fiscal Impact: The 2023-2024 biennial budget has capacity for this additional expense.
Alternatives: Do not approve the amended contract and offer additional guidance.
Attachments: Contract C072-22/Vendor Quote
Page 47 of 199
Axon Enterprise, Inc.
17800 N 85th St.
Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic: (800) 978-2737
International: +1.800.978.2737
SHIP TO
BILL TO
Port Orchard Police Dept.-546 Bay St
Port Orchard Police Dept. - WA
546 Bay St
546 Bay St
Port Orchard,
Port Orchard
WA
WA
98366-5339
98366-5339
USA
USA
Email:
Quote Summary
Program Length 44 Months
TOTAL COST $25,875.00
ESTIMATED TOTAL W/ TAX $28.052.29
Payment Summary
Date
Nov 2023
Jul 2024
Jul 2025
Jul 2026
Total
Back to Agenda
Q-526201-45230.881 KH
Quote Expiration: 11/01/2023
Account Number: 106987
Payment Terms: N30
Delivery Method:
SALES REPRESENTATIVE
PRIMARY CONTACT
Kyle Hunt
Matt Brown
Phone:
Phone:3608761700
Email: huntk@axon.com
Email: mbrown@portorchardwa.gov
Fax: (480) 930-4484
Fax: (360) 876-5546
Discount Summary
Average Savings Per Year
TOTAL SAVINGS
$2,413.80
$8,850.60
Subtotal
Tax
Total
$6,468.75
$544.25
$7,013.00
$6,468.75
$544.25
$7,013.00
$6,468.75
$544.25
$7,013.00
$6,468.75
$544.54
$7,013.29
25,875.00
$2,177.29
$28,052.29
Page 1 Page 48 of 199 Q-526201.45230.881 KH
Back to Agenda I Price:
wume List Price:
Quote Subtotal:
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal
$34,725.60
$25,875.00
$25,875.00
Item Description
Qty Term Unbundled List Price Net Price Subtotal
Tax
Total
Program
CoreBundle Core Bundle
3 44 $246.05 $179.00 $179.00 $23,628.00
$1,968.32
$25,596.32
A la Carte Hardware
AB3C AB3 Camera Bundle
3 $749.00 $749.00 $2,247.00
$208.97
$2,455.97
Total
$25,875.00
$2,177.29
$28,052.29
Page 2 Page 49 of 199 Q-526201.45230.881 KH
Back to Agenda
Delivery Schedule
Hardware
Bundle
Item
Description
QTY
Estimated Delivery Date
AB3 Camera Bundle
11507
MOLLE MOUNT, SINGLE, AXON RAPIDLOCK
4
11/15/2023
AB3 Camera Bundle
11534
USB-C to USB-A CABLE FOR AB3 OR FLEX 2
4
11/15/2023
AB3 Camera Bundle
73202
AXON BODY 3 - NA10 - US - BLK - RAPIDLOCK
3
11/15/2023
Core Bundle
100681
SIGNAL SIDEARM SENSOR
3
11/15/2023
Core Bundle
20008
TASER 7 HANDLE, YLW, HIGH VISIBILITY GREEN LASER), CLASS 3R
3
11/15/2023
Core Bundle
20018
TASER BATTERY PACK, TACTICAL
3
11/15/2023
Core Bundle
20160
TASER 7 HOLSTER - SAFARILAND, RH+CART CARRIER
3
11/15/2023
Core Bundle
22175
TASER 7 LIVE CARTRIDGE, STANDOFF 3.5-DEGREE NS
9
11/15/2023
Core Bundle
22175
TASER 7 LIVE CARTRIDGE, STANDOFF 3.5-DEGREE NS
6
11/15/2023
Core Bundle
22176
TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS 12-DEGREE NS
9
11/15/2023
Core Bundle
22176
TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS 12-DEGREE NS
6
11/15/2023
Core Bundle
22177
TASER 7 HOOK -AND -LOOP TRN HALT CARTRIDGE, STANDOFF NS
6
11/15/2023
Core Bundle
22178
TASER 7 HOOK -AND -LOOP TRN HALT CARTRIDGE, CLOSE QUART NS
6
11/15/2023
Core Bundle
22179
TASER 7 INERT CARTRIDGE, STANDOFF 3.5-DEGREE NS
3
11/15/2023
Core Bundle
22181
TASER 7 INERT CARTRIDGE, CLOSE QUARTERS 12-DEGREE NS
3
11/15/2023
Core Bundle
70033
WALL MOUNT BRACKET, ASSY, EVIDENCE.COM DOCK
1
11/15/2023
Core Bundle
71019
NORTH AMER POWER CORD FOR AB3 8-BAY, AB21-BAY / 6-BAY DOCK
1
11/15/2023
Core Bundle
71044
BATTERY, SIGNAL SIDEARM, CR2430 SINGLE PACK
6
11/15/2023
Core Bundle
74200
TASER 6-BAY DOCK AND CORE
1
11/15/2023
Core Bundle
80087
TASER TARGET, CONDUCTIVE, PROFESSIONAL RUGGEDIZED
1
11/15/2023
Core Bundle
80090
TARGET FRAME, PROFESSIONAL, 27.5 IN. X 75 IN., TASER 7
1
11/15/2023
Core Bundle
22175
TASER 7 LIVE CARTRIDGE, STANDOFF 3.5-DEGREE NS
6
11/15/2024
Core Bundle
22176
TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS 12-DEGREE NS
6
11/15/2024
Core Bundle
22175
TASER 7 LIVE CARTRIDGE, STANDOFF 3.5-DEGREE NS
6
11/15/2025
Core Bundle
22176
TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS 12-DEGREE NS
6
11/15/2025
Core Bundle
22177
TASER 7 HOOK -AND -LOOP TRN HALT CARTRIDGE, STANDOFF NS
6
11/15/2025
Core Bundle
22178
TASER 7 HOOK -AND -LOOP TRN HALT CARTRIDGE, CLOSE QUART NS
6
11/15/2025
Core Bundle
73309
AXON CAMERA REFRESH ONE
3
05/15/2026
Core Bundle
22175
TASER 7 LIVE CARTRIDGE, STANDOFF 3.5-DEGREE NS
6
11/15/2026
Core Bundle
22175
TASER 7 LIVE CARTRIDGE, STANDOFF 3.5-DEGREE NS
6
11/15/2026
Core Bundle
22176
TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS 12-DEGREE NS
6
11/15/2026
Core Bundle
22176
TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS 12-DEGREE NS
6
11/15/2026
Core Bundle
73310
AXON CAMERA REFRESH TWO
3
11/15/2026
Software
Bundle
Item
Description Iff
QTY Estimated Start Date
Estimated End Date
Core Bundle
20248
TASER 7 EVIDENCE.COM LICENSE
3 11/15/2023
07/14/2027
Core Bundle
20248
TASER 7 EVIDENCE.COM LICENSE
1 11/15/2023
07/14/2027
Core Bundle
73449
RESPOND DEVICE LICENSE
3 11/15/2023
07/14/2027
Page 3 Page 50 of 199 0-526201-45230.881KH
Software
Back to AgendaW
Bundle
Item
Description
QTY
Estimated Start Date
Estimated End Date
Core Bundle
73682
AUTO TAGGING LICENSE
3
11/15/2023
07/14/2027
Core Bundle
73683
10 GB EVIDENCE.COM A -LA -CART STORAGE
9
11/15/2023
07/14/2027
Core Bundle
73686
EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE
3
11/15/2023
07/14/2027
Core Bundle
73746
PROFESSIONAL EVIDENCE.COM LICENSE
3
11/15/2023
07/14/2027
Services
Bundle Item Description QTY
Core Bundle 20246 TASER 7 DUTY CARTRIDGE REPLACEMENT ACCESS PROGRAM 3
Warranties
Bundle
Item
Description
QTY
Estimated Start Date
Estimated End Date
Core Bundle
80374
EXT WARRANTY, TASER 7 BATTERY PACK
3
11/15/2024
07/14/2027
Core Bundle
80395
EXT WARRANTY, TASER 7 HANDLE
3
11/15/2024
07/14/2027
Core Bundle
80396
EXT WARRANTY, TASER 7 SIX BAY DOCK
1
11/15/2024
07/14/2027
Core Bundle
80464
EXT WARRANTY, CAMERA TAP
3
11/15/2024
07/14/2027
Page 4 Page 51 of 199 Q-526201.45230.881 KH
Payment Details
Back to Agenda
Nov 2023
Invoice Plan
Item
Description
Oty Subtotal
Tax
Total
Year 1
AB3C
AB3 Camera Bundle
3 $561.75
$52.24
$613.99
Year 1
CoreBundle
Core Bundle
3 $5,907.00
$492.01
$6,399.01
Invoice Upon Fulfillment
CoreBundle
Core Bundle
3 $0.00
$0.00
$0.00
Total
$6,468.75
$544.25
$7,013.00
Jul 2024
Invoice Plan Ite Description
MY Subtotal
Tax
Total
Year 2 AB3C AB3 Camera Bundle
3 $561.75
$52.24
$613.99
Year 2 CoreBundle Core Bundle
3 $5,907.00
$492.01
$6,399.01
Total
$6,468.75
$544.25
$7,013.00
Jul 2025
Invoice Plan Item Description
Oty Subtotal
Tax
Total
Year 3 AB3C AB3 Camera Bundle
3 $561.75
$52.24
$613.99
Year 3 CoreBundle Core Bundle
3 $5,907.00
$492.01
$6,399.01
Total
$6,468.75
$544.25
$7,013.00
Jul 2026
Invoice Plan Item Description
Oty Subtotal
Tax
Total
Year 4 AB3C AB3 Camera Bundle
3 $561.75
$52.25
$614.00
Year 4 CoreBundle Core Bundle
3 $5,907.00
$492.29
$6,399.29
Total
$6,468.75
$544.54
$7,013.29
Page 5 Page 52 of 199 Q-526201.45230.881 KH
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Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit
prior to invoicing.
Standard Terms and Conditions
Axon Master Services and Purchasing Agreement:
ACEIP
Axon Enterprise Inc. Sales Terms and Conditions
This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon's Master Services and Purchasing Agreement
(posted at www.axon.com/legal/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room
purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the
extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as
described below.
The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de -identified segments of Agency Content with Axon to
develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by
reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program.
Acceptance of Terms:
Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you
are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency
for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote.
Page 6 Page 53 of 199 Q-526201.45230.881 KH
Signature
10/31 /2023
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Date Signed
Page 7 Page 54 of 199 Q-526201-45230.881KH
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Public Hearing 6A
Subject: Ordinance Amending Port Orchard Municipal
Code Chapter 5.60 Fireworks
Back to Agenda
Meeting Date:
November 28, 2023
Prepared by:
Nick Bond
DCD Director
Atty Routing No.:
NA
Atty Review Date:
NA
Summary: On September 12, 2017, the City Council adopted an amendment to POMC 5.60 Fireworks by Ord.
No. 032-17 for permit applications for fireworks sales and fireworks display to be received by the DCD Permit
Center. On June 28, 2023, the City entered into an Interlocal Agreement with Kitsap County, Contract No.
047-23, to utilize the Kitsap County Fire Marshal's specific expertise regarding the permitting and inspection
requirements of the public display of fireworks. It was subsequently recognized that the permit fees in POMC
5.60 are limited to $100.00, as regulated in RCW 70.77.555(1), and are specifically for fireworks retail sales.
RCW 70.77.555(2) limits fireworks display permit processing, issuance and inspection fees to actual costs but
not to exceed $5,000.00. This amendment is intended to address the pass-thru costs as established per
C047-23, as invoiced by the county for their time spent for review and inspection of fireworks display.
Once the DCD Permit Center staff began to receive and process fireworks permits, it became evident that the
fee for fireworks sales as limited by the RCW is insufficient for capturing the costs associated with collecting a
debris deposit, scheduling and performing an inspection for the site clean-up, and processing the return to
the deposit. Collecting a debris deposit is not a requirement. The amendment removes this uncompensated
work from the code.
On February 10, 2022, the City Council approved an Interlocal Agreement (C019-22) with South Kitsap Fire
and Rescue (SKFR), to no longer include the review of permit applications for compliance with International
Fire Code (IFC). The city hired a Building Official / Fire Official around that same time, so we now have City
Staff who is fully certified by International Code Council, and performs the city's plan reviews and inspections
for fire code compliance. The language in POMC 5.60 had designated the SKFR as the fire authority. This
ordinance updates the code to acknowledge the City's Fire Official as the fire authority.
Public notice for the tonight's public hearing was properly noticed on November 14, 2023. As of the date of
Report preparation, the Department of Community Development has not received any public comments
regarding the proposed code amendment.
Recommendation: City staff recommends that the City Council hold a public hearing regarding the proposed
changes to POMC 5.60 as presented in the draft ordinance.
Attachments: Draft Ordinance
Page 55 of 199
Back to Agenda
ORDINANCE NO. -23
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
ADOPTING REVISIONS TO PORT ORCHARD MUNICIPAL CODE (POMC)
5.60 REGARDING FIREWORKS DISPLAY FEES, FIREWORKS SALES DEBRIS
DEPOSIT, DESIGNATING THE FIRE AUTHORITY, AND PROVIDING FOR
SEVERABILITY, CORRECTIONS, AND PUBLICATION; AND ESTABLISHING
AN EFFECTIVE DATE.
WHEREAS, on December 13, 2016, the City Council approved the City's 2017 — 2018
biennial budget, which established the Department of Community Development (DCD) Permit
Center as the City's primary permit application and processing center; and
WHEREAS, the City Council adopted Ordinance No. 032-17 delegating the DCD Permit
Center to receive and process permit applications for Fireworks sales and display in accordance
with Chapter 5.60 (Fireworks) of the Port Orchard Municipal Code (POMQ and
WHEREAS, the City Council desires to amend POMC Chapter 5.60.010 in order to
provide timely updates to fees for Fireworks Display through the city's Fee Schedules for
Departments of Community Development and Public Works; and
WHEREAS, the City Council desires to rescind POMC Chapter 5.60.020(5) due to the
uncompensated city staff time required to effectively carry out the requirements stipulated
under the debris deposit and inspection; and
WHEREAS, the City Council desires to amend the definition of Fire Authority in POMC
Chapter 5.60.005(6) to mean the City of Port Orchard Department of Community
Development's Fire Official;
WHEREAS, the City Council, after careful consideration approves the amendments to
Chapter 5.60 POMC as presented; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. The City Council adopts all of the "Whereas" sections of this ordinance as
findings in support of this ordinance.
SECTION 2. Section 5.60.005(6) of the Port Orchard Municipal Code is hereby amended
to read as follows:
5.60.005 Definitions.
(6) "Fire authority" means the City of Port Orchard Department of Community
10770076.1 - 366922 - 0001
Page 56 of 199
Back to Agenda
Page 2 of 5
Development's Fire Code Official fi;rre-hTefvf the Seu "teap FiFe and Rescue District
or their designee for the purposes of this chapter.
SECTION 3. Section 5.60.010 of the Port Orchard Municipal Code is hereby amended to
read as follows:
5.60.010 Permit and state license required — Fee.
No person, firm or corporation shall import, manufacture, transport (except as a public
carrier delivering to a licensee), possess, store, sell or offer to sell at retail or wholesale
eF d;se"arge fireworks inside the city limits of the city of Port Orchard without first
obtaining a permit from the city and a license from the state of Washington. The fee for
obtaining a city permit for fireworks sales shall be $100.00 per year payable in advance.
The fee for fireworks display shall be set by City Council Resolution in the Fee Schedules
for Departments of Community Development and Public Works.
SECTION 4. Section 5.60.015 of the Port Orchard Municipal Code is hereby amended to
read as follows:
5.60.015 Fireworks permits — Forms and deadlines.
(1) Applications for permits required by this chapter shall be submitted to the city in
such form and detail as prescribed by the city's, ;R GRS ltatien with the fire code official
autheFity. A separate application shall be required for each site and activity.
Applications shall include, at a minimum:
(a) The application fee;
(b) Copy of appropriate state licenses;
(c) A site or discharge plan;
(d) The names, addresses and telephone numbers of the applicant(s) and responsible
party(ies); and
(e) When applicable, a description of the proposed activity detailing how it satisfies the
conditions set forth under POMC 5.60.020.
(2) Permit applications shall be received by the DCD permit center for review by the fire
authority:
(a) No later than 4:30 p.m. on the last official city work day in May for retail sales;
(b) No later than 4:30 p.m. at least 40 business days prior to the date of an intended
public display; and
(c) Prior to commencing a permitted activity for all other uses.
(3) Permits issued pursuant to this chapter are nontransferable.
SECTION S. Section 5.60.020 of the Port Orchard Municipal Code is hereby amended to
read as follows:
5.60.020 Conditions for sales of fireworks and public display — Permit issuance.
10770076.1 - 366922 - 0001
Page 57 of 199
Back to Agenda
Page 3 of 5
A permit for the sale of fireworks or for public display shall be issued only upon the
following terms and conditions:
(1) The applicant shall have a valid and subsisting license issued by the state of
Washington authorizing the holder thereof to engage in the fireworks business, a copy
of which shall be filed with the DCD permit center.
(2) For sales of fireworks, the applicant shall obtain a business license from the city.
(3) The applicant shall have and keep in full force and effect a policy of insurance
approved by the city attorney saving the city harmless for any acts of the licensee in the
following amounts: $500,000 or more for injury to any one person in one accident or
occurrence, $1,000,000 for injury to more than one person for any one accident or
occurrence, $300,000 for injury to property in any one accident or occurrence. Proof of
insurance coverage shall be included with the application for a permit and shall be filed
with the DCD permit center.
(4) For sales of fireworks, the location of the proposed place of business shall comply
with the zoning ordinances of the city.
151{� Public displays of fireworks shall comply with the provisions of RCW 70.77.280 in
that the city's , O^ eRS Y'tat*A-^ v. -h the fire code official autheFity, shall determine
whether the proposed display would pose a hazard to property or a danger to persons.
The city's , in consultation with the fire code officialawtheFitj, shall prepare a written
report detailing the findings and recommendations for or against the issuance of the
permit. The fire authority report shall be filed with the DCD permit center.
SECTION 6. Section 5.60.030 of the Port Orchard Municipal Code is hereby amended to
read as follows:
5.60.030 Temporary stands.
All safe and sane consumer fireworks shall be sold only from temporary stands and must
conform to the written rules and regulations of the city's apd-fire code official may.
SECTION 6. Section 5.60.070 of the Port Orchard Municipal Code is hereby amended to
read as follows:
10770076.1 - 366922 - 0001
Page 58 of 199
Back to Agenda
Page 4 of 5
5.60.070 Violations — Penalty.
(1) Any person failing to comply with Chapter 70.77 RCW or any rules or regulations of
the State Fire Marshal; or the city's—,4r-#e fire code official autheFity shall be guilty of a
violation of this chapter.
(2) Any person violating any of the provisions or failing to comply with the mandatory
requirements of this chapter shall be guilty of a misdemeanor. Any person convicted of
a misdemeanor shall be punished by a fine not to exceed $1,000 or by imprisonment
not to exceed 90 days, or by both such fine and imprisonment. Each such person shall
be guilty of a separate offense for each and every day during any portion of which any
violation or any provision of this chapter is committed, continued or permitted by any
such person.
SECTION 7. Section 5.60.080 of the Port Orchard Municipal Code is hereby amended to
read as follows:
5.60.070 Enforcement.
The city fire code official or duly authorized representative is designated as the
enforcing officer of this chapter.
SECTION 8. 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 9. Corrections. Upon the approval of the city attorney, the city clerk and/or
code publisher 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 10. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
SECTION 11. Effective Date. This Ordinance shall take effect and be in full force and
effect five days after publication, as provided by law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 28th day of November 2023.
Robert Putaansuu, Mayor
10770076.1 - 366922 - 0001
Page 59 of 199
ATTEST:
SPONSOR:
Back to Agenda
Page 5 of 5
Brandy Wallace, MMC, City Clerk Scott Diener, Councilmember
APPROVED AS TO FORM:
Charlotte A. Archer, City Attorney
PUBLISHED:
EFFECTIVE DATE:
10770076.1 - 366922 - 0001
Page 60 of 199
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Business Item 7A
Subject: Adoption of an Ordinance Amendin
Port Orchard Municipal Code Chapter
5.60 Fireworks
Back to Agenda
Meeting Date:
November 28, 2023
Prepared by:
Nicholas Bond, AICP
DCD Director
Atty Routing No.:
NA
Atty Review Date:
NA
Summary: The City of Port Orchard is considering revisions to POMC 5.60 Fireworks to identify the Fire Authority as
the City's Fire Official within the Department of Community Development, to move the fireworks display permit fees to
the Community Development and Public Works fee schedules, and to remove the reference to the debris deposit and
refund. On November 28, 2023, the City Council held a public hearing on an ordinance addressing the proposed
changes.
This public hearing was noticed on November 14, 2023. As of the date of this report, neither the Department
of Community Development nor the City Clerk's Office has received any comment regarding the code change.
Recommendation: Staff recommends approval of an ordinance authorizing the revisions to POMC 5.60 as
presented.
Motion for consideration: "I move to approve an Ordinance authorizing the revisions to POMC 5.60 as
presented."
Fiscal Impact: None foreseen.
Alternatives: Do not approve the Ordinance; request changes to the Ordinance.
Attachments: Ordinance.
Page 61 of 199
Back to Agenda
ORDINANCE NO. -23
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
ADOPTING REVISIONS TO PORT ORCHARD MUNICIPAL CODE (POMC)
5.60 REGARDING FIREWORKS DISPLAY FEES, FIREWORKS SALES DEBRIS
DEPOSIT, DESIGNATING THE FIRE AUTHORITY, AND PROVIDING FOR
SEVERABILITY, CORRECTIONS, AND PUBLICATION; AND ESTABLISHING
AN EFFECTIVE DATE.
WHEREAS, on December 13, 2016, the City Council approved the City's 2017 — 2018
biennial budget, which established the Department of Community Development (DCD) Permit
Center as the City's primary permit application and processing center; and
WHEREAS, the City Council adopted Ordinance No. 032-17 delegating the DCD Permit
Center to receive and process permit applications for Fireworks sales and display in accordance
with Chapter 5.60 (Fireworks) of the Port Orchard Municipal Code (POMQ and
WHEREAS, the City Council desires to amend POMC Chapter 5.60.010 in order to
provide timely updates to fees for Fireworks Display through the city's Fee Schedules for
Departments of Community Development and Public Works; and
WHEREAS, the City Council desires to rescind POMC Chapter 5.60.020(5) due to the
uncompensated city staff time required to effectively carry out the requirements stipulated
under the debris deposit and inspection; and
WHEREAS, the City Council desires to amend the definition of Fire Authority in POMC
Chapter 5.60.005(6) to mean the City of Port Orchard Department of Community
Development's Fire Official;
WHEREAS, the City Council, after careful consideration approves the amendments to
Chapter 5.60 POMC as presented; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. The City Council adopts all of the "Whereas" sections of this ordinance as
findings in support of this ordinance.
SECTION 2. Section 5.60.005(6) of the Port Orchard Municipal Code is hereby amended
to read as follows:
5.60.005 Definitions.
(6) "Fire authority" means the City of Port Orchard Department of Community
10770076.1 - 366922 - 0001
Page 62 of 199
Back to Agenda
Page 2 of 5
Development's Fire Code Official fi;rre-hTefvf the Seu "teap FiFe and Rescue District
or their designee for the purposes of this chapter.
SECTION 3. Section 5.60.010 of the Port Orchard Municipal Code is hereby amended to
read as follows:
5.60.010 Permit and state license required — Fee.
No person, firm or corporation shall import, manufacture, transport (except as a public
carrier delivering to a licensee), possess, store, sell or offer to sell at retail or wholesale
eF d;se"arge fireworks inside the city limits of the city of Port Orchard without first
obtaining a permit from the city and a license from the state of Washington. The fee for
obtaining a city permit for fireworks sales shall be $100.00 per year payable in advance.
The fee for fireworks display shall be set by City Council Resolution in the Fee Schedules
for Departments of Community Development and Public Works.
SECTION 4. Section 5.60.015 of the Port Orchard Municipal Code is hereby amended to
read as follows:
5.60.015 Fireworks permits — Forms and deadlines.
(1) Applications for permits required by this chapter shall be submitted to the city in
such form and detail as prescribed by the city's, ;R GRS ltatien with the fire code official
autheFity. A separate application shall be required for each site and activity.
Applications shall include, at a minimum:
(a) The application fee;
(b) Copy of appropriate state licenses;
(c) A site or discharge plan;
(d) The names, addresses and telephone numbers of the applicant(s) and responsible
party(ies); and
(e) When applicable, a description of the proposed activity detailing how it satisfies the
conditions set forth under POMC 5.60.020.
(2) Permit applications shall be received by the DCD permit center for review by the fire
authority:
(a) No later than 4:30 p.m. on the last official city work day in May for retail sales;
(b) No later than 4:30 p.m. at least 40 business days prior to the date of an intended
public display; and
(c) Prior to commencing a permitted activity for all other uses.
(3) Permits issued pursuant to this chapter are nontransferable.
SECTION S. Section 5.60.020 of the Port Orchard Municipal Code is hereby amended to
read as follows:
5.60.020 Conditions for sales of fireworks and public display — Permit issuance.
10770076.1 - 366922 - 0001
Page 63 of 199
Back to Agenda
Page 3 of 5
A permit for the sale of fireworks or for public display shall be issued only upon the
following terms and conditions:
(1) The applicant shall have a valid and subsisting license issued by the state of
Washington authorizing the holder thereof to engage in the fireworks business, a copy
of which shall be filed with the DCD permit center.
(2) For sales of fireworks, the applicant shall obtain a business license from the city.
(3) The applicant shall have and keep in full force and effect a policy of insurance
approved by the city attorney saving the city harmless for any acts of the licensee in the
following amounts: $500,000 or more for injury to any one person in one accident or
occurrence, $1,000,000 for injury to more than one person for any one accident or
occurrence, $300,000 for injury to property in any one accident or occurrence. Proof of
insurance coverage shall be included with the application for a permit and shall be filed
with the DCD permit center.
(4) For sales of fireworks, the location of the proposed place of business shall comply
with the zoning ordinances of the city.
151{� Public displays of fireworks shall comply with the provisions of RCW 70.77.280 in
that the city's , O^ eRS Y'tat*A-^ v. -h the fire code official autheFity, shall determine
whether the proposed display would pose a hazard to property or a danger to persons.
The city's , in consultation with the fire code officialawtheFitj, shall prepare a written
report detailing the findings and recommendations for or against the issuance of the
permit. The fire authority report shall be filed with the DCD permit center.
SECTION 6. Section 5.60.030 of the Port Orchard Municipal Code is hereby amended to
read as follows:
5.60.030 Temporary stands.
All safe and sane consumer fireworks shall be sold only from temporary stands and must
conform to the written rules and regulations of the city's apd-fire code official may.
SECTION 6. Section 5.60.070 of the Port Orchard Municipal Code is hereby amended to
read as follows:
10770076.1 - 366922 - 0001
Page 64 of 199
Back to Agenda
Page 4 of 5
5.60.070 Violations — Penalty.
(1) Any person failing to comply with Chapter 70.77 RCW or any rules or regulations of
the State Fire Marshal; or the city's—,4r-#e fire code official autheFity shall be guilty of a
violation of this chapter.
(2) Any person violating any of the provisions or failing to comply with the mandatory
requirements of this chapter shall be guilty of a misdemeanor. Any person convicted of
a misdemeanor shall be punished by a fine not to exceed $1,000 or by imprisonment
not to exceed 90 days, or by both such fine and imprisonment. Each such person shall
be guilty of a separate offense for each and every day during any portion of which any
violation or any provision of this chapter is committed, continued or permitted by any
such person.
SECTION 7. Section 5.60.080 of the Port Orchard Municipal Code is hereby amended to
read as follows:
5.60.070 Enforcement.
The city fire code official or duly authorized representative is designated as the
enforcing officer of this chapter.
SECTION 8. 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 9. Corrections. Upon the approval of the city attorney, the city clerk and/or
code publisher 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 10. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
SECTION 11. Effective Date. This Ordinance shall take effect and be in full force and
effect five days after publication, as provided by law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 28th day of November 2023.
Robert Putaansuu, Mayor
10770076.1 - 366922 - 0001
Page 65 of 199
ATTEST:
SPONSOR:
Back to Agenda
Page 5 of 5
Brandy Wallace, MMC, City Clerk Scott Diener, Councilmember
APPROVED AS TO FORM:
Charlotte A. Archer, City Attorney
PUBLISHED:
EFFECTIVE DATE:
10770076.1 - 366922 - 0001
Page 66 of 199
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 7B
Adoption of an Ordinance Adopting the
2023 Comprehensive Plan Amendments
Back to Agenda
Meeting Date: November 28, 2023
Prepared by: Nicholas Bond, AICP
Atty Routing No.
Atty Review Date
DCD Director
NA
NA
Summary: The proposed 2023 Comprehensive Plan Amendments relate to the City of Port Orchard Transportation
Improvement Program (TIP) and Capital Facilities Element (CFE). These amendments are essential to ensuring that the
City's long-term planning remains responsive to the community's evolving needs.
The Comprehensive Plan amendments under consideration are permitted through exceptions provided in Port Orchard
Municipal Code 20.04.020, which allow for revisions to the Comprehensive Plan and associated documents through the
City's budget process. After a duly noticed public hearing, the Planning Commission recommended approval of the
Comprehensive Plan amendments as presented on October 3, 2023. As of the date of this report, no public comments
have been received.
The TIP serves as a critical component of the City of Port Orchard Comprehensive Plan. It is designed to advance
transportation infrastructure projects that align with the Comprehensive Plan's goals, specifically those related to
traffic flow, safety, and sustainable development.
The CFE is another integral part of the Comprehensive Plan, focusing on the City's physical development. It outlines the
strategic acquisition, construction, and maintenance of public facilities to support the City's growth while maintaining a
high quality of life for its residents.
Summary of Proposed TIP Amendments:
The City of Port Orchard initiated these amendments to the 2022-2041 Transportation Improvement Program (TIP) in
conjunction with the City budget adoption process. The amendments are summarized as follows:
1. TIP 1.18 Tremont Phase 2 and 3: This project was moved from the outer years into the 6-year TIP due
to the City receiving grant funding (no match) for study and design.
2. TIP 1.2 BSPP Segments 6 to 11 CN: The program year for CN was delayed to 2024 due to design and
permitting issues.
3. TIP 1.4 Old Clifton/ Anderson Hill Intersection: The project schedule was modified, giving it less
priority compared to other funded projects.
4. TIP 1.8 and 1.9 Bethel Phase 1: Due to the City passing a sales tax measure, the project schedule has
been accelerated.
5. TIP 1.13 Lippert Sidewalk Retrofit and Road Repair: This project was completed and has been
removed from the TIP.
Page 67 of 199
Back to Agenda
6. TIP 1.14 Sidney Road Sidewalk: The project received a grant, and funding sections have been updated
accordingly.
7. TIP 1.16 SR166/ Bay Street Reconstruction: Grants were received for this project, resulting in updated
funding allocations.
8. TIP 1.17 Street Lighting Improvements: This project received a grant for some of the programmed
work. The schedule was updated to program awarded dollars in the near term and other work at future
dates eligible for additional grant funding.
9. TIP 1.19 SR160/ Sedgwick Phase 2a: This project was added to acquire right of way for a future RAB
that is needed to support development along the corridor.
Description of Capital Facilities Element Amendment:
In addition to the TIP amendments, a new amendment is proposed for the Capital Facilities Element related to property
acquisition. This amendment involves the allocation of $4 million for the acquisition of property intended for future City
of Port Orchard facilities. The purpose of this amendment is to allow the City of Port Orchard to proactively acquire
properties within its corporate limits for future development of essential public facilities. This strategic approach will
support the city's long-term planning and development goals to accommodate the City's anticipated growth and service
needs, as outlined in the City of Port Orchard Comprehensive Plan.
Relationship to Comprehensive Plan: These amendments support the Comprehensive Plan's goals related to
transportation and capital facilities.
Recommendation: Staff recommends approval of the 2023 Comprehensive Plan Amendments as presented.
Motion for consideration: "I move to approve the 2023 Comprehensive Plan Amendments as presented."
Fiscal Impact: The Amendments allow the City to direct funds to capital projects and property acquisition for
public facilities.
Alternatives: Do not approve the amendments
Attachments: Ordinance, Proposed Comprehensive Plan Amendments - Transportation Improvement
Program and Capital Facilities Element
Page 68 of 199
Back to Agenda
ORDINANCE NO. ***
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
RELATING TO THE PORT ORCHARD COMPREHENSIVE PLAN ADOPTED
UNDER THE STATE OF WASHINGTON'S GROWTH MANAGEMENT ACT,
CHAPTER 36.70A RCW; ADOPTING AN AMENDMENT TO THE
TRANSPORATION IMPROVEMENT PROGRAM AND THE CAPITAL
FACILITIES ELEMENT OF THE PORT ORCHARD COMPREHENSIVE PLAN;
PROVIDING FOR SEVERABILITY, CORRECTIONS, AND PUBLICATION; AND
SETTING AN EFFECTIVE DATE.
WHEREAS, with the passage of the Washington State Growth Management Act in 1990
(GMA), Chapter 36.70A RCW, local governments are required to adopt a comprehensive plan that
outlines strategies to accommodate the needs of a growing population; and
WHEREAS, in June 1995, the City Council adopted a Comprehensive Plan for the City of
Port Orchard and its urban growth area pursuant to the requirements set forth in the GMA; and
WHEREAS, the City of Port Orchard completed its most recent periodic update of its
Comprehensive Plan in June 2016, as required by the GMA; and
WHEREAS, on May 9, 2023 the City adopted amendments to the City's Comprehensive
Plan pursuant to RCW 36.70A.470 and 36.70A.106; and
WHEREAS, the City may consider and adopt amendments to the City's Comprehensive
Plan more frequently than once annually in accordance with RCW 36.70A.130(2)(a)(iv); and
WHEREAS, the City initiated an amendment of the capital facilities element of the
comprehensive plan occurring concurrently with the adoption of the city's budget; and
and
WHEREAS, the amendment submittal affects the Transportation Improvement Program;
WHEREAS, the amendment submittal affects the Capital Facilities Element; and
WHEREAS, on September 15, 2023, notice of the proposed amendments to the City's
Comprehensive Plan was sent to the Washington State Department of Commerce at least sixty
days before the amendments were adopted, in accordance with RCW 36.70A.106; and
WHEREAS, on September 28, 2023, a SEPA Determination of Non -Significance was issued,
and provided to the public, agencies, and other interested parties in accordance with the
requirements of POMC Chapter 20.04.080, and published in the newspaper of record and on the
City website, and emailed to the Washington Department of Ecology; and
10765479.1 - 366922 - 0021
Page 69 of 199
Back to Agenda
Ordinance No. ***
Page 2 of 3
WHEREAS, on September 19, 2023, a Notice of Hearing was published in the City's
newspaper of record advertising a public hearing to be held by the Planning Commission on the
proposed 2023 Comprehensive Plan amendment, and the notice was provided to the public,
agencies, and other interested parties in accordance with the requirements of POMC Chapter
20.04.080; and
WHEREAS, the Department of Community Development did not receive comments
regarding the proposal; and
WHEREAS, on October 3, 2023, the Planning Commission held a public hearing and took
public testimony on the 2023 Comprehensive Plan amendments; and voted unanimously to
recommended approval of the amendments to City Council; and
WHEREAS, on November 28, 2023, the City Council held a Regular Meeting, considered all
public testimony received, considered the Planning Commission's recommendation, and finds it in
the public interest to adopt the proposed amendments to the City's Comprehensive Plan; NOW,
THEREFORE
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. The City Council hereby adopts the above recitals as findings in support
of this Ordinance.
SECTION 2. The City Council finds that the amendments adopted by this Ordinance are
consistent with the goals and policies of the City's adopted 2016 Comprehensive Plan and are
consistent with the state Growth Management Act and other applicable law.
SECTION 3. The City Council finds that the amendments adopted by this Ordinance will
not, individually, or cumulatively, result in adverse effects to the public health, safety, or welfare.
SECTION 4. The City Council finds that no adverse impacts to the environment are
anticipated to result from the amendments adopted by this Ordinance.
SECTION S. The City Council finds that the amendments adopted by this Ordinance
are consistent with the land uses and growth projects which were the basis of the adopted
Comprehensive Plan, are compatible with neighboring land uses and surrounding
neighborhoods, and are not anticipated to cause adverse impacts to public services or facilities.
SECTION 6. Adoption of Amendments to Comprehensive Plan. In accordance with
the above -described Findings and Conclusions, the City Council hereby amends the Port
Orchard Comprehensive Plan by approving and adopting the 2023 amendments to the Port
Orchard Comprehensive Plan. Such amendments are attached to this Ordinance as Exhibit 1 and
incorporated herein by this reference as if set forth in full. The amendments include revisions to
10765479.1 - 366922 - 0021
Page 70 of 199
Back to Agenda
Ordinance No. ***
Page 3 of 3
the update to the Capital Facilities Element of the Port Orchard Comprehensive Plan and the City
Transportation Improvement Program.
SECTION 7. Severability. If any sentence, section, provision, or clause of this
Ordinance or its application to any person, entity or circumstance is for any reason held invalid
or unconstitutional, the remainder of the Ordinance, or the application of the provision to
other persons, entities, or circumstances is not affected.
SECTION 8. Corrections. Upon the approval of the city attorney, the city clerk and/or
code publisher 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. Publication and Effective Date. This Ordinance shall be in full force and
effect five (5) days after posting and publication as required by law. A summary of this
Ordinance may be published in lieu of the entire Ordinance, as authorized by state law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 28t" day of November 2023.
ATTEST:
Brandy Wallace, MMC, City Clerk
APPROVED AS TO FORM:
Charlotte A. Archer, City Attorney
PUBLISHED:
EFFECTIVE DATE:
ATTACHMENTS:
Robert Putaansuu, Mayor
Sponsored by:
Scott Diener, Councilmember
Exhibit 1: 2023 Amendments to the Comprehensive Plan including:
1. Transportation Improvement Program
2. Capital Facilities Element
10765479.1 - 366922 - 0021
Page 71 of 199
City of Port Orchard Six -Year Transportation Improvement Program
For 2024-2029 TIER 1 (Reasonably Constrained)
Proj#
Road Name
Back to Agenda_
Total
Federal State
(TIF
Begin Termini
Project
Total Est.
Spent Prior to
Future
Phase
Funding
Fund Fund
Proj#) Project Title/Project Description
End Termini
Length
Cost
2023 2023
Expenditures 2024
2025 2026 2027 2028 2029 Start Year
Status Phase
Code Federal Funds Code State Funds Local Funds
Capital Projects
1.1 Bay Street Ped. Pathway ROW Phase
PO Shoreline:
Add 14-ft Multi -Modal (bikes & pedestrians)
Sidney Ave. Foot
1.2
2,280,000
1,140,000 1,140,000
0 0
0 0 0 0 0 2013
S ROW
STP(U) 1,923,590 0 300,212
waterfront pathway & cantilevered retaining wall
Ferry to Annapolis
3,000,000
3,000,000
0 0
0 0 0 0 0 2018
P ROW
0 581,000
following historic Mosquito Fleet trail and pedestrian
Foot Ferry
N/A bridge across Black Jack Creek.
1.2 Bay Street Pedestrian Pathway Construction (S#1, S#6-11)
The CN phase for the 14-ft Multi -Modal (bike & ped) 1.2 1,115,000 650,000 465,000 0 0 0 0 0 0 0 2018 S CN
waterfront pathway/cantilevered retailing wall 3,000,000 0 3,000,000 0 0 0 0 0 0 0 2024 S CN
following the historic Mosquito Fleet trail. Includes
the demolition/removal of (5) overwater structures.
N/A Inrli irioc Cco tR Ari Roariu r)nr Pron
1.3 Bay Street Pedestrian Pathway West Port Orchard Blvd
Situational study and Bay St: Ft Ferry 1.5 566,474 0 2023 490,000 0 76,474
to Tremont 0 566,474 0 0 0 0 0 0 P PL
N/A
1.4 Old Clifton/ Anderson Hill Intersection Improvements Old Clifton Rd /
Intersection Improvements (roundabout) as identified Anderson Hill Rd. 0 258,000 0 0 258,000 0 258,000 0 0 2027 S PE 0 258,000
in the McCormick Urban Village Trans Plan and Intersection 1,738,000 0 0 1,738,000 0 0 0 1,738,000 0 2028 P CN Grant? 1,213,000 525,000
TIF 1.4 partially funded by Bayside Mit Funds.
1.5 Old Clifton Rd Non -Motorized Improvements
Old Clifton Road:
Rodway Improvements identified in the McCormick
Campus PKWY to 0.75 450,000 150,000 0 450,000 0 450,000 0
0 0 2026 P
PE 0 450,000
Urban Village Trans Plan. Design and Construction.
Anderson Hill Rd. 2,000,000 2,700,000
2027 P
CN STP(U), TIB/CS
TIF 1.5, 2.07 Seperated pathway and shoulder facilities.
RCO
1.7 Bethel/Sedgwick Phase 5a - Bethel/Lincoln RAB
Bethel/Lincoln/Lunb
Safety and capacity improvements to intersection and
erg/ Mitchell 0 3,674,000 326,000 474,000
2021 S
PE 800,000
reconfiguration of approaches.
0 0 3,200,000 3200000
2022 S
CN HSP 1,500,000 TIB UAP 1,100,000 700,000
TIF 2.04e
1.8
Bethel/ Sedgwick Cooridor Phase la - Blueberry RAB
Bethel Road:
blueberry
Phase la. Bethel/ Blueberry RAB 60% PE in 2022
0
3,341,000
0
250,000
285,000
160,000
125,000
2022
S
PE
0
0
535,000
and start ROW for Phase la/b.
Intersection
268,000
134,000
134,000
2024
S
ROW
0
268,000
2,788,000
2788000
2026
P
CN
TIB/
0
2,788,000
UAP/CS
IF 2.04a
I
I
I
et e
e gwrc orrr or ase - a mon erry
Bethel Road:
Salmonberry
intersection
Phase 1b. Bethel/ Salmonberry RAB Round and
roadway segment design from Blueberry to
Salmonberry. 60% PE in 2022.
0
11,467,000
0
375,000
891,000
497,000
394,000
2023
P
PE
0
0
1,272,000
3,206,000
1,603,000
1,603,000
0
2024
P
ROW
0
3,206,000
7,370,000
7,370,000
2026
P
CN
TIB/UAP/
0
7,370,000
rlF 2.04a
CS
1.10 Val lair Ct Connector Bethel Road /
Road extension and intersection improvements Walmart Drive 0.25 1,000,000 0 0 1,000,000 0 0 0 0 1,000,000 0 2027 P PE & ROW 0 0 1,000,000
previously included in the Bethel Road Corridor ROW Intersection 1,000,000 0 0 1,000,000 0 0 0 0 0 1,000,000 2028 P CN 0 TIB 0 1,000,000
TIF 1.7 & Construction project.
1.11
Sidney Road SW Design - 60%
Sedgwick Rd. to
Berry Lake Rd.
Sidney Avenue is currently two lanes wide, it needs to
be widened to three lanes (additional TWTL) including
0.95
500,000
0
0
500,000
0
0
0
0
0
500,000
2027
p
pL
0
0
500,000
TIB
bike lanes, sidewalks, traffic calming, and stormwater
TIF 2.05
system improvements. (COMPLETE STREET).
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City of Port Orchard Six -Year Transportation Improvement Program
For 2024-2029 TIER 1 (Reasonably Constrained)
Proj# Road Name Total Back to Agenda_ Federal State
(TIF Begin Termini Project Total Est. Spent Prior to Future Phase Funding Fund Fund
Proj#) ProiectTitle/Project Description End Termini Length Cost 2023 2023 Expenditures 2024 2025 2026 2027 2028 2029 Start Year Status Phase Code Federal Funds Code State Funds Local Funds
1.12
Sedgwick
Road West Study - 30% Design
SR16 to Sidney Rd.
Establish alignments and cross sections. Develop
mitigation alternatives and identify right-of-way
300,000
0
0
300,000
300,000
2023
P
Study
BuildAm
300,000
TIF
needs for roadway and identify potential sites to
accommodate stormwater run off and mitigation for
TIF 2.02,2.03
filling wetlands. Include stormwater element for
1.13 Lippert Sidewalk Retrofit and Pavement Repair Sidney Rd. S. to
ADA ramp and driveway retrofits, sidewalk reparis, Pottery 0.95 35,000 0 35,000 0 2021 S PE 35,000
pavement repairs, stormwater retrofit. In house des 778,000 0 2022 S CN CDBP 244,000 544,000
with consulted survey & basemap
N/A 788,000
1.14
Sidney Road Sidewalk
Sidney Glen
Elementary Sidewalk
Address gap in sidewalk along school frontage
0.95
1,895,000
0
0
0
235,000
2023
P
PE
173,000
62,000
1,660,000
2024
P
CN
SRTS
1,222,000
438,000
TIF 2.05
1.15
Pottery
Avenue Non Motorized Improvements
SR16 to Lippert Dr.
Address sidewalk gap from Sunset to Clay near
Tremont. Road diet and road widening to provide
bikeable shoulders and sidewalk improvements.
0.95
840,000
0
35,000
0
2022
P
PE
35,000
150,000
2022
P
150,000
655,000
655,000
2024
S
CN
TIB CS
644,000
0
Safety enhancement at Pottery Lippert Intersection
TIF 2.14
and School Crossing.
1.16
SR166/
Bay Street Reconstruction
SR166 from Geiger
to Frederick
Raise street to address sea level rise and improve to
current standard in accordance with redevelopment
plans. Amount shown does not include water and
3,891,000
200,000
0
1,135,000
1,135,000
0
0
2022
P
PE
CDS
1,000,000
135,000
2,649,000
2,649,000
2026
P
CN
KRCC
2,000,000
649,000
sewer utility improvments.
N/A
City wide corridors,
1.17
Street Lighting Improvements
highest priority
locatoins
Currently funded work includePottery, Sidney Rd.
Future applications to be submitted for Tremont
1,100,000
0
0
100,000
0
100
2023
P
PE
HSIP
0
0
210,000
1,000,000
0
0
1,000,000
2024
P
CN
HSIP
210,000
0
N/A
1.18
Tremont Phase 2 and 3
Port Orchard Blvd to
Sidney Ave.
Non motorized connectivity study and design of
elements for future ROW and/or CN application
732,000
0
0
732,000
732,000
2023
P
PE
Ped Bike
732,000
0
P
ROW
0
2.12 & 2.30
1.19
SR160/Sedgewick Phase 2a
New Intersection
New Round About mid way between SR16 and Bethel
Rd. Needed to support development on the corridor.
City to compelte 60% DN and ROW acquisition for two
1,550,000
0
0
600,000
600,000
2027
P
PE
BuildAm
600,000
950,000
950,000
2028
P
ROW
BuildAm
950,000
TIF
lane RAB that will be innitially constructed as one
2.046
Total Capital 44biU4/4 L4bb000 1U4CP54/4 JJU/buuu 6J51000 4bbb10U 1bW/0U0 E55ES000 Sbk5C000 1500000 1UIJB!IUU LSISUUU LbbZ/bub
Maintenance Projects Total 2,023 Future Exp 2024 2025 2026 2027 2028 2029
1.51 Annual Pavement Maintenance
Includes patching, crack -sealing, striping, and other 666,000 53,000 56,500 556,500 56,500 100,000 100,000 100,000 100,000 100,000 On going S CN 556,500
activities
1.52 * Annual Sidewalk & ADA Upgrade Program
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Proj# Road Name
(TIF Begin Termini
Proj#) End Termini
Project Title/Project Description
Repair and replace concrete sidewalks and curb
ramps as identified in the program
1.53 ** Annual Pavement Management System Paving Projects
Pavement replacement projects as identified in the
pavement management system program
City of Port Orchard Six -Year Transportation Improvement Program
For 2024-2029 TIER 1 (Reasonably Constrained)
Total ` Back to Agenda Federal State
Project Total Est. Spent Prior to Future Phase Funding Fund Fund
Length Cost 2023 2023 Expenditures 2024 2025 2026 2027 2028 2029 Start Year Status Phase Code Federal Funds Code State Funds Local Funds
976,000 38,000 38,000 900,000 180,000 180,000 180,000 180,000 180,000 0 On going S CN 900,000
2,935,000 300,000 535,000 2,100,000 350,000 350,000 350,000 350,000 350,000 350,000 On going 5 CN
1.55 Overlay
Pavement preparation and overlay. Tremont: PO Tremont Str./ Lund 1.2 1,000,000 0 0 1,000,000 0 0 1,000,000 0 0 0
Blvd. to Bridge, Old Clifton: SR16 to City Limits, Old Ave./ Old Clifton Rd.
Clifton Anderson Hill to McCormick Woods Dr.
Total Maintenance Projects 5,577,000 391,000 629,500 4,556,500 586,500 630,000 1,630,000 630,000 630,000 450,000
* Per 2016 ADA transition plan: $180,000 annually over 20 years to comply on arterial streets.
** Per 2016 Pavement Management Analysis Report: $1.45 million annually to maintain network condition (PCI of 70), $500k to keep network PCI above 65 after 5 years.
2025 P PE,CN KRCC 865,000
865,000
2,100,000
135,000
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City of Port Orchard Transportation Improvement Program (TIP)
For 2030-2043 TIER 2 (Unconstrained)
Road Nam Back to Agenda
Phase
Priority
Begin Termini
Nroiect
Start
Funding
Federal
State Fund
Number
Project Title/Project Description
End Termini
Length Total Est. Cost
2029-2034
2035-2042
Year
Status
Phase
Fund Code
Federal Funds Code
State Funds
Local Funds
Capital Projects
2.01
Sidney Avenue (North of SR 16)
Tremont Street to
1
3,750,000
3,750,000
0
2029
P
PE/RW
STP(U)
0
0
3,750,000
The design, permitting, right-of-way acquisition
Fireweed
6,750,000
6,750,000
0
2031
P
CN
STP(U)
0
0
6,750,000
and construction for this project with bike lanes,
storm drainage and sidewalks. (COMPLETE
TIF 2.01
STREET)
2.02A
Sedgwick Road West - Design, Permitting & ROW
SR 16 Interchange to
0.4
462,428
462,428
0
2029
P
PE
STP(U)
400,000
0
62,428
The design, permitting and right-of-way
Sidney Avenue
693,642
693,642
0
2030
P
RW
STP(U)
600,000
0
93,642
acquisition phase for this widening project with 3
lanes (continuous TWTL), bike lanes, sidewalks
and box culvert across Blackjack Creek.)
TIF 2.02
2.02B
Sedgwick Road West - Construction
SR 16 Interchange to
0.4
3,468,208
3,468,208
0
2031
P
CN
STP(U)
3,000,000
0
468,208
The construction phase for this widening project
Sidney Rd.
with 3 lanes (continuous TWTL), bike lanes,
sidewalks and box culvert across Blackjack Creek.)
TIF 2.02
2.04A.2
Ramsey Road Widening
Sedgwick Road to
Widen road to two travel lanes with bike lanes,
Salmonberry Road
0.5
2,500,000
0
21500,000
2029
P
ALL
0
0
0
sidewalks and stormwater system improvements.
TIF 2.04A
Bethel/Sedgwick Corridor Phase 2 - Design,
Sedgwick Road: SR-16
2.0413
ROW and Construction
interchange to Bethel
1,110,000
1,110,000
0
2030
P
PE
0
0
1,110,000
Design, ROW acquisition and construction of the
0.7
2,802,000
2,802,000
0
2031
P
RW
0
0
2,802,000
second phase of the street improvements per the
12,757,000
12,757,000
0
2032
P
CN
12,725,000
0
0
Bethel/Sedgwick Corridor Plan (2018).
TIF 2.04E
Bethel/Sedgwick Corridor Phase 3 - Design,
Bethel Road: Blueberry
2.04C
ROW and Construction
to Sedgwick
422,000
422,000
0
2032
P
PE
0
0
422,000
Design, ROW acquisition and construction of the
0.25
541,000
541,000
0
2033
P
RW
0
0
541,000
third phase of the street improvements per the
4,859,000
4,859,000
0
2034
P
CN
4,859,000
0
0
Bethel/Sedgwick Corridor Plan (2018).
TIF 2.04C
Bethel/Sedgwick Corridor Phase 4 - Design,
Bethel Road: Lund to
2.04D
ROW and Construction
Salmonberry
616,000
0
616,000
2034
P
PE
0
0
616,000
Design, ROW acquisition and construction of the
0.5
1,041,000
0
1,041,000
2035
P
RW
0
0
1,041,000
fourth phase of the street improvements per the
7,087,000
0
7,087,000
2036
P
CN
7,087,000
0
0
Bethel/Sedgwick Corridor Plan (2018).
TIF 2.04D
Bethel/Sedgwick Corridor Phase 5 - Design,
Bethel Road: Mile Hill
2.04E
ROW and Construction
Drive to Lund
720,000
0
720,000
2036
P
PE
0
0
720,000
Design, ROW acquisition and construction of the
1.1
1,532,000
0
1,532,000
2037
P
RW
0
0
1,532,000
fifth phase of the street improvements per the
8,283,000
0
8,283,000
2038
P
CN
8,283,000
0
0
Bethel/Sedgwick Corridor Plan (2018).
TIF 2.04E
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City of Port Orchard Transportation Improvement Program (TIP)
For 2030-2043 TIER 2 (Unconstrained)
Road Nam Back to Agenda
Phase
Priority
Begin Termini
Nroiect
Start
Funding
Federal
State Fund
Number
Project Title/Project Description
End Termini
Length Total Est. Cost
2029-2034
2035-2042
Year
Status
Phase
Fund Code
Federal Funds Code
State Funds
Local Funds
2.05
Sidney Road SW Widening
Sidney Road SW:
Sidney Avenue is currently two lanes wide, it
SR 16 Overpass to
0.95
500,000
500,000
0
2028
P
PE
0
0
500,000
needs to be widened to three lanes (additional
Sedgwick Road
5,761,850
5,761,850
0
2029
P
CN
STP(U)
3,600,000 TIB
1,600,000
561,850
TWTL) including bike lanes, sidewalks, traffic
calming, and stormwater system improvements.
TIF 2.05
(COMPLETE STREET).
2.06
Pottery Avenue Widening
Pottery Avenue:
Widen road to two travel lanes with bike lanes,
Tremont Place to
0.22
1,600,000
1,600,000
0
2029
P
ALL
0
0
1,600,000
sidewalks and stormwater system improvements.
Melcher Street
TIF 2.06
2.07
Old Clifton Rd Shoulder & Pedestrian Improvements
Old Clifton Road:
Design and construction of shoulder widening,
Anderson Hill to
1.35
2,700,000
2,700,000
0
2028
P
CN
0
0
2,000,000
street lighting, watermain extension and grade-
Westerly City Limits
seperated Pedestrian Path as identified in the
TIF 2.07
McCormick Urban Village Trans Plan.
2.08
O. Clifton Rd & McC. Woods Dr. Intersection
Old Clifton Rd/
Design and construction of intersecion
McCormick Woods Dr.
0
250,000
0
250,000
2032
P
PE
0
0
250,000
(roundabout) improvements including street
Intersection
750,000
0
750,000
2033
P
CN
0
0
750,000
lighting, as identified in the McCormick Urban
TIF 2.08
Village Trans Plan.
2.09
Melcher Street Widening
Melcher Street West is currently a narrow two-
Melcher Street:
0.4
600,000
0
600,000
2032
P
ALL
0
0
750,000
lane road. The reconstruction would widen the
Pottery Avenue to
road to allow two safe travel lanes, bike lanes,
Sherman Avenue
sidewalks and a stormwater system.
TIF 2.09
2.10
Fireweed Road Widening
Fireweed is currently a narrow two lane road. The
Fireweed Road:
0.25
375,000
0
375,000
2035
P
ALL
0
0
750,000
reconstruction would widen the road to allow for
Sidney Avenue to
safe travel lanes, bike lanes, sidewalks and a
South Flower Avenue
TIF 2.10
stormwater system.
2.11
Sherman Avenue Widening
Sherman Avenue:
Sherman Avenue is currently a narrow two-lane
Fireweed Road to
0.35
525,000
0
525,000
2032
P
ALL
0
0
750,000
road. The reconstruction would widen the road to
Terminus at SR 16
allow two safe travel lanes, bike lanes, sidewalks
and a stormwater system.
TIF 2.12
2.12
Tremont St Widening - Port Orchard Blvd (Ph. 2)
Port Orchard Blvd.
Construct roundabouts at Tremont Street/PO Blvd.
Tremont Street to
1.1
and Bay Street (SR166)/PO Blvd. and curb, gutter,
Ba Street SR166
Y ( )
809,250
0
809,250
2033
P
PE
STP(U)
700,000
0
109,250
bike lanes, sidewalks, street lighting, storm
520,231
0
520,231
2035
P
RW
STP(U)
450,000
0
70,231
drainage and Schedule 74 Undergrounding.
7,225,434
0
7,225,434
2037
P
CN
STP(U)
6,250,000
0
975,434
TIF 2.13
2.13
Pottery Avenue Widening Tremont to SR16
Pottery Avenue
Pottery is currently a two-lane road, it needs to be
Tremont Street
0.95
500,000
500,000
0
2030
P
PE
STP(U)
432,500
67,500
widened to a four -lane road, with sidewalks,
SR 16 Overpass
traffic calming and upgrades to the stormwater
750,000
750,000
0
2031
P
RW
STP(U)
648,750
101,250
TIF 2.14
system.
2,950,000
2,950,000
0
2033
P
CN
STP(U)
2,292,250
0
657,750
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City of Port Orchard Transportation Improvement Program (TIP)
For 2030-2043 TIER 2 (Unconstrained)
Road Nam Back to Agenda
Phase
Priority
Begin Termini
Nroiect
Start
Funding
Federal State Fund
Number
Project Title/Project Description
End Termini
Length Total Est. Cost
2029-2034
2035-2042
Year
Status
Phase
Fund Code Federal Funds Code
State Funds
Local Funds
2.14
Old Clifton Berry Lake Road Intersection
0
0
0
0
0
0
0
Intersection Improvement by Kitsap County
2.15
Blueberry Road Widening
Geiger Road to Bethel
Widen road to two travel lanes with bike lanes,
Road
0.4
600,000
0
600,000
2036
P
ALL
0
0
0
sidewalks and stormwater system improvements.
TIF 2.16
2.16
Geiger Road Widening
Sedgwick Road to
Widen road to two travel lanes with bike lanes,
Blueberry Road
0.25
375,000
0
375,000
2034
P
ALL
0
0
0
sidewalks and stormwater system improvements.
TIF 2.17
2.17
Salmonberry Road Widening
Ramsey Road to Bethel
Widen road to two travel lanes with bike lanes,
Road
0.15
225,000
0
225,000
2028
P
ALL
0
0
0
sidewalks and stormwater system improvements.
TIF 2.18
2.18
Piperberry Way Extention
Geiger Road to Ramsey
Provide an extetion of Piperberry from Ramsey to
Road
0.25
575,000
0
575,000
2034
P
ALL
0
0
0
Geiger and a new street connection to the
proposed round about on Sedgwick.
TIF 2.19
2.19
Old Clifton & Feilgly Intersection
Feigly intersection
Complete streets improvemets indentified in the
0
2,800,000
0
21800,000
2040
P
ALL
0
0
0
McCormicks Urban Village Transportation Plan.
Continuation of 1.5A
TIF 2.21
2.20
Bay Street Pathway - West
Tremont to Footferry
Continuation of project following study in 1.8
0
4,000,000
4,000,000
0
2030
P
ALL
0
0
0
2.21
Walmart to Salmonberry Connector
Salmonberry
Complete roadway connnection
0
800,000
0
800,000
2040
P
ALL
0
0
0
TIF 2.04A
2.22 Downtown Bay Street Study Port Orchard Blvd to
Study main street in downtown port orchard for Mile Hill Dr intersection 0 1,000,000 0 11000,000 2033 P ALL 0 0 0
complete streets with bikelanes and streetscape with Bay Street.
for pedestrians and storefronts. Study to address
traffic cirulcation and raising streets for seal level
rise and assocated stormwater and other utility
imnrnvpmantc
2.23 Bay Street Improvements Port Orchard Blvd to
Complete Street and utlitiy improvements. Refer Mile Hill Dr intersection 0 10,000,000 0 10,000,000 2040 P ALL 0 0 0
to Study. with Bay Street.
2.24 Bay St. & Port Orchard Blvd Intersection Bay Street at Port
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City of Port Orchard Transportation Improvement Program (TIP)
For 2030-2043 TIER 2 (Unconstrained)
Road Nam Back to Agenda
Phase
Priority
Begin Termini
Nroiect
Start
Funding
Federal State Fund
Number
Project Title/Project Description
End Termini
Length Total Est. Cost
2029-2034
2035-2042
Year
Status
Phase
Fund Code Federal Funds Code
State Funds
Local Funds
Single Lane Round About to address safety and
Orchard Bulivard
0
3,000,000
0
31000,000
2040
P
ALL
0
0
0
capacity. Bay Street Pathway crossing. Assumed
creek is not impacted by project/ no major
mitigation.
2.25
Bay St. & Kitsap Street Intersection Improvement
Bay Street at Kitsap
Re -align Kitsap intersection to addres safety and
Street
0
2,000,000
0
2,000,000
2040
P
ALL
0
0
0
capacity. Cline to end at Kitsap. Relocate flag
pole. Signalized Intersection?
2.26
Bay St. & Mitchell and Wetzil
Bay Street at Mitchell
Reconfigure intersections to address safety and
Avenue and Guy Wetzil
0
2,500,000
0
2,500,000
2040
P
ALL
0
0
0
capacity.
Rd.
2.27
Sidney Avenue Improvements
Prospect St. to the
Sidewalk and streetscape improvements.
Waterfront
0
1,500,000
0
1,500,000
2040
P
ALL
0
0
0
Developer Imrpovements?
2.28
Harrison Avenue Improvements
Bay Street to the
Sidewalk and streetscape improvements. Signal
Waterfront
0
1,000,000
0
1,000,000
2040
P
ALL
0
0
0
replacement? Developer Project?
2.28
Fredrickson Ave Impr.
Cline St. to Sidney Ave.
Convert to two way street with angled parking.
0
1,500,000
0
1,500,000
2040
P
ALL
0
0
0
Provide sidewalk and streetscape impr.
2.29
New Waterfront Street
Cline Street to Harrson
Sidewalk and streetscape improvements. "Shared
Avenue
0
2,500,000
0
21500,000
2040
P
ALL
0
0
0
Street" concept. Developer Improvement?
Port Orchard Blvd. to
2.30
Tremont St Widening - Port Orchard Blvd (Ph. 3)
Sidney Ave.
Center median, bike lane, sidewalk, and
0
5,000,000
0
51000,000
2041
P
ALL
STP(U) 0 FIB, Ped Biki
0
0
streetscape improvements on Tremont and
Sidney. Round about at the Tremont/ Sidney
intersection for non -motorized safety.
Total Tier 2 Capital Projects 86,986,043 52,377,128 34,608,915 51,327,500 1,600,000 29,801,543
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City of Port Orchard Transportation Improvement Program (TIP)
For 2030-2043 TIER 2 (Unconstrained)
Road Nam Back to Agenda Phase
Priority Begin Termini Nroject Start Funding Federal State Fund
Number Project Title/Project Description End Termini Length Total Est. Cost 2029-2034 2035-2042 Year Status Phase Fund Code Federal Funds Code State Funds Local Funds
Maintenance Project
2.51 Cline Avenue Repairs
Replace sidewalk and parking strip. Cline Avenue: 0.13 200,000 0 0 P ALL 200,000
Kitsap Street to
Dwight Street
Total Tier 2 Maintenance Projects 200,000 0 0 0 0 200,000
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Chapter 9: Capital Facilities
Chapter 9. Capital Facilities
9.1. Introduction
This Capital Facilities Element of the 2016 Comprehensive Plan provides information about the City's
existing public facilities, and the need for future facilities to address the requirements of a growing
population. The Capital Facilities Element, in conjunction with the City's Capital Facilities Plan (CFP) and
Capital Improvements Program (CIP), provide guidance for the City to achieve its goals of providing the
appropriate public facilities and desirable levels of public services to its residents and businesses.
Capital Facilities Vision
Provide outstanding community
facilities that serve the needs of a
growing and changing city. Maintain
existing community facilities and
develop additional facilities to address
the city'sgrowth and evolving needs.
New facilities should address multiple
objectives, such as creating new open
space and enhancing neighborhood
Ensuring that public facilities are available when
growth occurs is critical to the quality of life for Port
Orchard's residents. The implementation of the
Capital Facilities Element and related plans will help
realize the community's vision for outstanding
community facilities, as well as the vision and goals of
the Land Use Element. This Element also functions in
coordination with the Comprehensive Plan's Utilities,
Parks and Transportation elements and functional
system plans for water, wastewater and stormwater.
These are discussed in more detail in Section 9.3.
character, even as they serve basic The state requires the City to demonstrate that all
functional requirements. capital facilities serving its population have been
considered and that planning is done in a coordinated
and comprehensive fashion. The Public Facilities and
Services Goal of the Growth Management Act (GMA) requires that the level of service ("LOS") of public
facilities and services necessary to support development shall be adequate to serve the development at
the time the development is available for occupancy and use, without decreasing current service levels
below locally established minimum standards ("the concurrency requirement"). Kitsap County's
Countywide Planning Policies also require the City to ensure that its growth plans are consistent with
the CIP and that adequate public facilities and services are or will be available to serve the City's
population allocation through the planning period. If limited funding or other circumstances would
prevent the city from providing adequate facilities and services, the Growth Management Act requires
the city to re-evaluate the Land Use Element and make sure that capital facilities plans and land use
plans are consistent.
The City of Port Orchard owns and manages a variety of capital facilities, including roads, parks, utility
systems, police facilities, and administrative buildings. In addition to the facilities owned and managed
by the City, there are publicly -owned capital facilities managed by other entities which meet some of Port
Orchard's capital facility needs. These include, but are not limited to, schools, library, sewage treatment,
and public transit. Privately owned utilities (electrical, natural gas, and telecommunications) conduct
their own planning processes and maintain their own system plans. The City influences private system
Port Orchard Comprehensive Plan
2013November 2023
Adopted: June 2016 Revised: ***, 2021JF;T
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Chapter 9: Capital Facilities
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planning through its authority to regulate land uses and its obligation to develop and maintain a
Comprehensive Plan.
The City uses its capital facilities and functional plans, with guidance from the Comprehensive Plan, to
make planning and budgetary decisions about the need and timing for construction of new facilities,
improvements to existing facilities, the levels of service provided by those facilities, and how to fund and
maintain these needs. Planning decisions should also address the evolving and adaptive role of
technology in the provision of capital facilities.
The complete list of capital facility improvements planned in the next seven years is provided in the
City's Capital Improvements Program (CIP), which is described in Section 9.3. The CIP and the functional
plans provide a complete facility inventory, as well as needs, projected costs, and funding sources.
9.2. Inventory and Identified Needs
9.2.1 Administration and Service Facilities
Facility Location Size (sq ft)
City Hall (includes Police Station
and Municipal Court)
216 Prospect Street
28,370
Public Works Shop
1535 Vivian Court
6,000
South Shed
2051 Sidney Avenue
3,811
Active Club
1026 Tacoma Avenue
7,500
Police Shooting Range
1278 Lloyd Parkway
N/A
Library
87 Sidney Avenue
8,586
Community Development
Department Building
720 Prospect Street
2,925
Property Acquisition for City
Various
Administration Offices and Public
and City Employee Parking
Port Orchard Comprehensive Plan Adopted: June 2016 Revised: ***, 20211july
2MNovember 2023
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Chapter 9: Capital Facilities
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The City's Capital Facilities Plan provides a detailed description and analysis of the City's current capital
facilities, as summarized below:
A
City Hall
The primary municipal building is the City Hall, which
was built in 1999. It contains all of the City's
departments and staff, except for the Public Works
crew.
The UP established the level of service for
administrative space (including police and courts) at ---
2,408 sq ft per 1,000 residents. The state's Office of
Financial Management estimated the City's 2015 population at 9,950. The City's 2036 target population
allocation is 20,558. City Hall also requires some maintenance and improvements, as identified in the
CFP. In 2016, the City contracted with Rice Fergus Miller, Inc to prepare a facilities space analysis for the
City Hall. This analysis, which has been included in Appendix B of the City's Comprehensive Plan (Plans
Adopted by Reference), found that the Port Orchard City Hall's net usable area was approximately 64%
of the area provided in the city halls for Gig Harbor and Poulsbo, which are smaller cities. The analysis
recommended that approximately 10,592 gross square feet be added to City Hall through 2025, based
on the City's projected population growth, in order to maintain and improve work space and customer
service. Parking should also be provided for an expansion.
The Police Department currently occupies approximately 5,500 sq ft on the ground floor of City Hall.
The Police Department has indicated that it requires approximately 10,000-15,000 additional square
feet of office space with 3,000-5,000 sq ft of storage to meet its needs for the next 20 years. The City
should review options for providing the additional space needed to maintain an appropriate level of
police services.
Public Works — Shop and South Shed
The Public Works shop houses this department's
foreman and crew and a majority of the City's
maintenance vehicles and equipment.
The shop has sufficient capacity to support staff
throughout the capital facilities planning period. There
is a current level of service for enclosed maintenance
facilities of 833 sq ft per 1,000 residents. However, there
is not enough covered parking for City vehicles and
equipment, and the City has identified the need for a
second four -bay carport to cover and protect City
vehicles and equipment from the elements.
The south shed is anticipated to continue being used as
a storage facility and staging area through the planning
period. No construction, remodeling or expansion need is anticipated.
Port Orchard Comprehensive Plan
in 29a-3November 2023
Adopted: June 2016 Revised: ****,'z
Page 82 of 199
Chapter 9: Capital Facilities
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Active Club
The Active Club is the only community recreational building owned by the City. It provides space for a
number of recreational, sports and civic organizations to conduct activities.
Police Shooting Range
The police shooting range provides a convenient and safe location for officers to train and practice with
firearms.
Library
The library building is owned by the City and houses the local branch of the Kitsap Public Library.
9.2.2 Parks and Recreational Facilities
The City has a number of parks and recreational facilities, listed below.
Current Parks Facilities
Park Name Size Facilities
Van Zee
8.3 Acres
Picnic Areas and shelters, trails, two baseball diamonds, playground,
sports field, lighted tennis courts, horseshoe court, restroom
Clayton Park
1.4 Acres
Picnic tables, playground, sports field, basketball court, picnic shelter
Givens Field
6.7 Acres
2 Baseball Diamonds (under lease, not available for public use),
lighted tennis courts, lighted horseshoe courts, restrooms, picnic
area, playground, Active Club
Lundberg Park
4.8 Acres
Not open to the public, no facilities
Paul Powers, Jr.
3.75 Acres
Field, playground, basketball court
Park
Boat Ramp
0.3 Acres
Municipal boat ramp, restroom, parking
DeKalb
4.1 Acres
169 feet of pier, 359 feet of floats, picnic tables
Pedestrian Pier
Etta Turner Park
0.6 Acres
Gazebo, benches, view of Sinclair Inlet, trail connection
McCormick
28.6 Acres
Trails, restrooms
Village Park
Seattle Ave
1.88 Acres
Trail connection
Waterway
*tidelands
Property
included
Waterfront Park
1.9 Acres
Sidewalks, picnic table, bench, viewing platform
Westbay
N/A
Trail connection, beach access
Easements
Port Orchard Comprehensive Plan Adopted: June 2016 Revised: ****,'z
2MNovember 2023
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Chapter 9: Capital Facilities
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Bethel South 5.3 Acres Not open to the public, no facilities; a portion planned for
Property construction of dog park
In addition to the properties in the above table, which are owned and operated by the City, Port Orchard
residents also have a number of non -City parks and private facilities that are available for public
recreational use.
The City's Parks Plan provides a comparison of current recreational facilities and services within the City
against the recommended levels of service used by the state's Interagency Council for Outdoor
Recreation and by Kitsap County. This comparison is
used to establish the LOS for recreational needs of
the City's existing and future population. City -owned,
non -City publicly owned, and private recreational
facilities are all considered by the City when
determining levels of service.
In general, the City has adequate park and
recreational facilities to serve the population during
the planning period, with existing deficits in bike
paths, boat launches and pedestrian trails, and
projected deficits in community and neighborhood
parks. Additional information on the City's parks and
more detailed planning strategies can be found in the
City's Parks Plan and in the Parks Element of this Comprehensive Plan.
9.2.3 Utilities and Transportation
The City owns, maintains and manages its water system and wastewater collection system. It is also
responsible for City roads and other aspects of the City's transportation system. More information on
these facilities is provided in the City's functional plans and other Elements of the Comprehensive Plan
(Utilities, Transportation).
Port Orchard Comprehensive Plan Adopted: June 2016 Revised: ****,'z
2MNovember 2023
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Chapter 9: Capital Facilities
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9.3. Planning and Policy Connections
A complete list of capital facility improvements planned in the
next seven years is included in the city's Capital Improvements
Program (CIP), which is described in this section. The CIP and the
functional plans listed in the following table identify facility
inventories, needs, projected costs, and funding sources.
Capital improvement recommendations are drawn primarily
from functional plans specific to each capital facility or City
department. Utilities such as water, sewer, and stormwater have
specific requirements according to state and federal law. Each
City department forecasts needed improvements for at least a
twenty-year. Each plan contains an inventory of the system and
a forecast of system demand and capacity based on population
and regulatory mandates. The functional plans identify capital
investments required to meet future demand and to replace or
maintain existing facilities for continued service. The plans also
define the customer service level for each facility provide and system -specific operating policies.
The CIP uses many revenue sources to fund the capital improvement projects identified in the plan,
including sales tax, business and occupation tax, utility rates, state revenues, bonds, and grants. Impact
feesl and other specific revenues allowed under the Growth Management Act also offer potential
funding sources.
Coordinating City Functional Plans and Capital Improvements Program
Capital Improvements Program
Funding: plan updated biennially.
This is the city's seven-year financing and
implementation plan in which needed capital
improvements to the city's public facilities and
infrastructure are identified and prioritized.
Water System Plan
Functional Plan: updated on a 6-10 year cycle, as
This plan provides a basis for capital improvement
needed.
planning for six years and forecasts anticipated needs
to a 20-year planning horizon.
Wastewater System Plan
Functional Plan: updated on a 6-10 year cycle, as
This plan addresses aging infrastructure, system
needed.
expansion to accommodate development, revised
policies and practices, data, finances, revised growth
forecasting, and recommended improvements.
Storm and Surface Water System Plan
Functional Plan: updated on a 6-10 year cycle, as
This plan establishes the city's storm and surface water
needed.
policy.
Port Orchard Comprehensive Plan Adopted: June 2016 Revised: ***, 20211oF;T
2MNovember 2023
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Chapter 9: Capital Facilities
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Parks Plan
Functional Plan: updated on a 6-10 year cycle, as
This plan is the primary tool to guide the long-term
needed.
growth and development of R^"�^',; Port Orchard's
parks and open space system. The core of the plan is a
set of 20-year capital project recommendations, which
are reviewed and updated approximately every six
years.
Transportation Plan
Functional Plan: updated every two years.
This six -year plan indicates needs for maintenance and
improvement of the City's transportation network.
9.4. Future Needs
A key feature of the capital facilities planning process is asset management, which continually monitors
the condition of existing facilities and infrastructure, identifies the levels of maintenance needed, and
determines when facilities need to be replaced. The city's capital facilities policies ensure that the city
plans in advance for maintenance and infrastructure replacement to maintain levels of service. These
policies also tie capital facilities planning to land use, making sure that assumptions about future growth
are consistent.
The City of Port Orchard owns, operates, and maintains over $3.5 billion of infrastructure to provide
drinking water, wastewater, and stormwater and surface water services to its residents and businesses.
Continued investment in this infrastructure is necessary for continued delivery of utility services that are
critical for human health and safety, economic development, as well as supporting a sustainable, healthy
environment. Capital facility investment helps to ensure that the City can continue to deliver the high
quality municipal utility services customers expect.
The City of Port Orchard has a rapidly growing population. To provide adequate capital facilities, the City
is working to address substandard infrastructure and comply with new regulations.
While there are unique challenges to specific capital facility services, several issues apply broadly to Port
Orchard:
Accommodating Increased Demand. Increased demand will require investment for building and
maintaining facilities for services like water, wastewater, stormwater, parks, fire, police, transportation,
and municipal buildings. Non -city providers, such as school districts, libraries and solid waste processors,
will also experience increased demand for services and will need to plan for new or improved facilities.
Aging Infrastructure. Some of Port Orchard's capital facilities are aging or inadequate for current service
needs, and will require repairs and replacement over the next twenty years. The costs of replacing utility
infrastructure and roads are substantial and take years for planning and implementation. Likewise,
facilities such as parks and municipal buildings require ongoing maintenance, improvements, or
replacement. City departments maintain plans and strategies for funding and building necessary
improvements, which are scheduled and assigned funding in the city's seven-year CIP.
Port Orchard Comprehensive Plan Adopted: June 2016 Revised: ***,'-- 2021 July
2MNovember 2023
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Chapter 9: Capital Facilities
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Compliance with New Laws and Regulations. Changing state and federal mandates governing
capital facilities systems require the city to monitor and review its systems to ensure compliance. For
example, compliance with the city's National Pollutant Discharge Elimination System Municipal
Stormwater Permit (NPDES), a Federal Clean Water Act mandate that affects programs citywide, will
have significant long-term impacts on the way the city does business, on city expenses, and on private
development costs. In February 2010, stormwater regulations were significantly expanded under the
NPDES Phase II permit. These new regulations, along with associated stormwater requirements that
must be incorporated into City code by 2017, places significant additional requirements on the City's
planning and regulatory functions.
The City of Port Orchard benefits from its proximity to centers for recreation, open space, and sports
fields outside City Limits and/or held by other agencies or groups, such as the South Kitsap School District
and Kitsap County. Creating and strengthening regional partnerships will enable Port Orchard and its
partners to provide greater facilities and opportunities than would be possible alone. The City of Port
Orchard is already working with Kitsap County and other nearby jurisdiction to create and expand a
regional water trail including shoreline access with launch points, rest areas, parking facilities.
9.5. Goals and Policies
Goal I. Provide an efficient distribution and mixture of public facilities,
including parks, parking areas, non -motorized transportation
connections, and other facilities and services.
Policy CF-1 The City should explore opportunities for acquisition of surface parking areas within
the downtown core to serve the general public and municipal purposes.
Policy CF-2 The City should consider development of multi -use facilities that can serve more than
one public need. The City should coordinate with other jurisdictions and agencies that
also provide public facilities, such as Kitsap County, Kitsap Transit and the Port of
Bremerton, to encourage cooperative planning of future facilities and reduce
redundancy. The City should also explore opportunities for public/private partnerships
and funding sources that could provide a mix of public facilities and other uses such as
commercial and residential within the same development, where appropriate.
Policy CF-3 Encourage public awareness and consider public input when considering the need for
and proposed locations of new public facilities. Develop public facilities according to
the specific needs, locations and levels of service identified in the City's functional
plans and capital improvements program.
Policy CF-4 Encourage thejoint use of utility corridors for open space and non -motorized pathways
and trails, provided that such joint use is consistent with limitations prescribed by
applicable law and prudent utility practice.
Port Orchard Comprehensive Plan
2MNovember 2023
Adopted: June 2016 Revised: ******, 2021jul
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Chapter 9: Capital Facilities
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Policy CF-5 Encourage private property owners and developers to donate public trail access and
parcels for park development in areas identified for future municipal parks and trail
connections.
Goal 2. The City shall establish minimum levels of service for provision of
urban services (i.e. fire, police, garbage disposal, parks, library, and
other appropriate services).
Policy CF-6 It is the City's intent that adequate school facilities be provided for the community.
Individual school levels of service should be maintained as adopted and funded by
the South Kitsap School District School Board.
Goal 3. Ensure that infrastructure, facilities, and services are adequate to
serve new projects at the time buildings are available for occupancy
and use, without decreasing service levels below locally established
minimum standards.
Policy CF-7 Require that urban level facilities and services are provided priorto or concurrent with
development. These services include, but are not limited to, transportation
infrastructure, parks, potable water supply, sewage disposal, stormwater and surface
water management, and solid waste management.
Policy CF-8 Facilitate adequate planning for services and facilities by coordinating with utility
providers on annual updates of population, employment and development
projections.
Policy CF-9 Regularly monitor and update LOS standards for public facilities to reflect community
preferences for quality of service delivery.
Policy CF-10 Encourage providers to improve accessibilityto public services by making information
available, convenient and complete.
Policy CF-11 Maintain an inventory of existing capital facilities owned by public entities.
Policy CF-12 The City should acquire property sufficient to provide capital facility services at
established levels of service, according to the identified deficiencies and future needs
for such services as provided in the City's functional plans.
Port Orchard Comprehensive Plan
2MNovember 2023
Adopted: June 2016 Revised: ******, 20211jul
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Chapter 9: Capital Facilities
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Goal 4. Ensure that the provision of capital facilities meets the needs of the
present without compromising the ability of future generations to
meet their own needs.
Policy CF-13 Provide public facilities and services conveniently and equitably throughout the
community and do not unduly affect any one group of people or geographic area by
the siting or expansion of essential public facilities.
Policy CF-14 Ensure that the provision of capital facilities is environmentally sensitive, safe and
reliable, aesthetically compatible with surrounding land uses, and economical to
consumers.
Policy CF-15 Ensure that new growth and development pay a fair, proportionate share of the cost
of new facilities needed to serve such growth and development.
Policy CF-16 Direct growth within the community where adequate public facilities exist or can be
efficiently provided.
Policy CF-17 Seek to reduce the per unit cost of public facilities and services by encouraging
urban intensity development within the City and adjacent Urban Growth Areas.
Policy CF-18 Coordinate the construction of public facility improvements such as utility and
road improvements to help minimize project costs.
Policy CF-19 Ensure the efficient and equitable siting of capital facilities through cooperative
and coordinated planning.
Policy CF-20 Coordinate and cooperate with other jurisdictions in the implementation of
multijurisdictional utility facility expansions and improvements.
Policy CF-21 Provide meaningful opportunities for community involvement in the planning of
capital facilities.
Goal 5: Support provision of adequate, timely and efficient fire protection and
emergency medical service within the City.
Policy CF-22 Coordinate with South Kitsap Fire and Rescue on planning for the location of new
fire stations to ensure that they are dispersed throughout the City and located
near areas of high population concentration.
Policy CF-23 Encourage consolidation of duplicate services between Fire Districts to use
resources more effectively.
Port Orchard Comprehensive Plan
2MNovember 2023
Adopted: June 2016 Revised: ****,'ply
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Chapter 9: Capital Facilities
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Goal 6: Reduce crime risks within the City.
Policy CF-24 Design and locate capital facility improvements to optimize public safety through
increased visibility at joint use facilities (e.g., streets, public buildings, etc.)
Policy CF-25 Ensure that there are enough commissioned officers and support staff to support the
established LOS in the City.
Goal 7. Coordinate land use and school district capital facilities planning.
Policy CF-26 Recognize that schools provide a unifying social and physical amenity that are key
foci for successful neighborhoods. Encourage elementary schools to be located in or
near neighborhood centers and middle schools, junior high schools and senior high
schools to be located near community centers.
Policy CF-27 Coordinate with the South Kitsap School District to develop strategies to ensure that
students are not forced to attend a school outside their neighborhood.
Policy CF-28 Coordinate with the South Kitsap School District to develop strategies to provide and
enhance safe multi -modal access to the schools.
Policy CF-29 Review and update school impact fees at least every 4 years.
Policy CF-30 Explore opportunities to develop joint use facilities with the South Kitsap School
District, such as recreational and community center facilities.
Goal 8: Develop and maintain adequate and convenient parks, recreation, and
open space areas and facilities for all age groups to serve both the
existing and future population of Port Orchard and surrounding
areas.
Policy CF-31 Preserve open space considered scenic in value by
a. enhancing and expanding park facilities
b. discouraging obstructions of scenic views.
Policy CF-32 Increase the size and number of parks and open spaces by:
a. establishing partnerships with other agencies to jointly utilize public
facilities.
Port Orchard Comprehensive Plan
2MNovember 2023
Adopted: June 2016 Revised: ****,'ply
Page 90 of 199
Chapter 9: Capital Facilities
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b. promoting through public and private investments, the acquisition of
open space facilities and assuring proper maintenance thereof.
c. providing for public input when developing plans for public parks.
d. providing for a mixture of active and passive open spaces within
residential and commercial areas with consideration of nearby public
facilities.
e. providing input on development plans for public parks within Port
Orchard's Urban Growth Boundary.
Policy CF-33 Monitor and maintain the LOS for park facilities as established in the City's
comprehensive Parks Plan.
Policy CF-34 The Active Club should continue to be maintained and improved.
Policy CF-35 Reevaluate the City's established park impact fee at least every four years to ensure
that the fee is appropriate based on the City's LOS for parks acquisition, improvement
and maintenance.
Policy CF-36 Correct LOS deficiencies in park facilities through capital improvements.
Policy CF-37 Collaborate with Kitsap Countyto explore formation of a Municipal Parks District to help
fund and develop community and neighborhood scale parks throughout the city and the
Urban Growth Area.
Policy CF-38 Develop neighborhood parks adjacent to school sites whenever possible in order to
promote facility sharing. Facilities on the neighborhood park site should supplement
uses that the school does not provide such as trails, open space, picnic areas, playground
equipment, and multi -purpose paved sport courts.
Policy CF-39 Encourage implementation of the County's Greenways Plan that outlines a citywide
system of trails that will serve park, recreation, and open space needs. Link a system of
trails between neighborhoods and parks, school sites, and other public property. Utilize
public lands and existing rights -of -way for trail purposes whenever feasible.
Policy CF-40 Place interpretive signs along trails to encourage community, historical, and
environmental awareness and place distance markers along the trail for walkers and
runners.
Policy CF-41 The City should maximize the use of state and federal grants for future parks
improvements whenever possible.
Policy CF-42 Create new parks in recently annexed areas or update existing parks within newly
annexed portions of the City.
Port Orchard Comprehensive Plan Adopted: June 2016 Revised: ***, 2021 JF;T
2MNovember 2023
Page 91 of 199
Chapter 9: Capital Facilities
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Policy CF-43 In conjunction with partners, develop the South Kitsap Community Events Center as a
recreational and civic amenities hub for Port Orchard and the South Kitsap region.
Goal 9. Ensure that an adequate water supply is available to support the level
of population growth and land development projected within the
City.
Policy CF-44 Maintain drinking water quality in accordance with State and Federal standards
to ensure the quality of drinking water delivered to customers of the water system.
Policy CF-45 Provide high quality domestic and fire protection service to all areas within the retail
service area.
Policy CF-46 Utilize City -owned and operated sources of supply to maximize efficiency and cost
effectiveness of the water system.
Policy CF-47 Maintain water system facilities to ensure a high level of service is provided to all
customers and maximize the life of facilities to protect the investment of ratepayers.
Policy CF-48 Construct new facilities as required to serve the existing and future populations of the
established water service area and South Kitsap Urban Growth Area.
Policy CF-49 Interconnect the City's main water system with the independent facilities serving the
City's 580 and 660 Pressure Zones (McCormick Woods System). This will allow for
combining the two existing systems under one water system identification number.
Policy CF-50 Implement and maintain water use efficiency and conservation programs to discourage
water waste, promote the prudent use of water resources and support protection of
habitat and the environment.
Policy CF-51 Work with neighboring water utilities, participate in regional water planning efforts to
establish common goals of uniform water system standards and facilitate coordination
of efforts toward the adequate provision of water service throughout the region.
Policy CF-52 Conduct water system operations in a manner that insures high quality service in
accordance with all applicable rules and regulations, at the lowest reasonable cost.
Policy CF-53 Encourage land uses and programs that promote water conservation.
Policy CF-54 Revise water service boundaries in cases where the designated water service provider
cannot provide timely or reasonable service.
Port Orchard Comprehensive Plan Adopted: June 2016 Revised: ***, 2021 JF;T
2MNovember 2023
Page 92 of 199
Chapter 9: Capital Facilities
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Policy CF-55 Ensure that land uses permitted in aquifer recharge areas do not lead to contamination
of water resources.
Policy CF-56 Encourage new developments adjacent to properties with private wells or existing septic
systems to connect to the City's water system or, if not feasible, ensure that adverse
impacts to existing wells or septic systems from new development is avoided or
mitigated.
Goal 10. Provide safe, reliable and timely sewer service to consumers at a fair
and reasonable price.
Policy CF-57 Coordinate construction of sewage improvements with other utilities.
The City shall require all new development to connect to public sewer and water
systems, unless physically or financially infeasible.
Goal 11. Ensure that all utility infrastructure expansion provides an adequate
level of public service to support new development consistent with the
City's policies, criteria, and standards. In addition, utility expansion
should also be consistent with current land use plans and development
regulations of the State of Washington, Kitsap County, and
appropriate local planning agencies.
Policy CF-58 Utilize best construction methods and practices and innovative techniques in the
design and construction of utilities.
Policy CF-59 Whenever possible, utility construction should be scheduled to minimize disruption
of access to area residences and businesses.
Policy CF-60 Schedule utility construction activities to avoid sensitive times in the lifecycle of fish
and wildlife, such as spawning, nesting, and migration.
Goal 12. Minimize development related impacts to existing hydrologic
conditions and functions, and strive to correct current deficiencies
resulting from past development practices such as stormwater-related
flooding.
Policy CF-61 Identify areas within and adjacent to the City and its UGA which are highly sensitive
to changes in hydrologic conditions and functions. Within these highly sensitive
areas, establish standards that provide for near zero change in hydraulic and
Port Orchard Comprehensive Plan
2MNovember 2023
Adopted: June 2016 Revised: ***, 2021 JF;T
Page 93 of 199
Chapter 9: Capital Facilities
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hydrologic function on a property, such as no net increase in the peak flow or volume
of runoff or erosion products leaving a site post- development.
Policy CF-62 Ensure development regulations adequately prevent new development from
increasing flooding and minimize the possibility of damage from flooding events.
Policy CF-63 Encourage Low Impact Development (LID) strategies for stormwater management
through incentives and flexibility in application of regulatory requirements.
Policy CF-64 Utilize new inventories of flood hazard -prone properties in the decision making
process to prioritize stormwater system improvements.
Policy CF-65 Coordinate the basin planning process with the community planning process to
address surface water runoff and flooding issues.
Policy CF-66 Integrate public regional stormwater detention and retention facilities into the
natural environment.
Policy CF-67 Recognize that regional facilities can provide aesthetics, recreation, and fish and
wildlife habitat in a community park -like or open space setting.
Policy CF-68 Implement planned activities and continue current activities in the 2014
Stormwater Management Plan.
Port Orchard Comprehensive Plan
2MNovember 2023
Adopted: June 2016 Revised: ****, 2021ju'7
Page 94 of 199
Appendix B: Plans Adopted by Ref Back toAgenda
PLAN OR DOCUMENT
South Kitsap School District 2014-2019 Capital Facilities Plan
West Sound Utility District / Joint Wastewater Treatment Facility 2009 Capital Facilities Plan
West Sound Utility District 2007 Sewer Plan
West Sound Utility District 2013 Water Plan
Kitsap County 2003 South Kitsap UGA/ULID#6 Sub -Area Plan & EIS
Kitsap County 2012 Port Orchard/South Kitsap Sub -Area Plan
2016 Kitsap County Comprehensive Plan 10-Year Update
Blackjack Creek Watershed Assessment and Protection & Restoration Plan (2017)
City of Port Orchard 1994 Ross Creek Comprehensive Management Plan
City of Port Orchard 2005 Economic Development Plan
City of Port Orchard 2010 McCormick Village Park Plan
City of Port Orchard 2012 Shoreline Master Program
City of Port Orchard 2013 Public Art Program
City of Port Orchard 2014 — 2021 Capital Facilities Plan
City of Port Orchard 2020 Water System Plan
City of Port Orchard 2020 Comprehensive Sanitary Sewer Plan Update
City of Port Orchard 2016 Transportation Plan Update
City of Port Orchard 2016 Transportation Impact Fee Project List
City of Port Orchard 2022 Parks, Recreation, & Open Space (PROS) Plan
City of Port Orchard 2023-2028/2029-2042 — 6 Year/20 Year Transportation Improvement
Plan
City of Port Orchard Bethel/Sedgwick Corridor Plan and Appendices A-F
City of Port Orchard 2020 City Hall Space Analysis
Appendix B-1 Port Orchard Comprehensive Plan Adopted: June 2016 Revised: June 2022
Page 95 of 199
filth City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
" (360) 876-4407 • FAX (360) 895-9029
Back to Agenda
Agenda Staff Report
Agenda Item No.: Business Item 7C Meeting Date:
Subject: Adoption of a Resolution Approving a Prepared by:
Contract with KPFF Consulting Engineers
for the SR166/ Bay Street Reconstruction
Atty Routing No:
Atty Review Date
November 28, 2023
Denis Ryan
Public Works Director
366922-0009
10/17/2023
Summary: The City of Port Orchard's Public Works Department identified a need for reconstruction of
a portion of SR166/Bay Street in the area south of Geiger Street to north of Frederick Avenue (the
"Project"). The Public Works Department applied for and received a grant from Federal Highway
Administration (FHWA) FFY 2023 Congressionally Directed Spending (Earmarks) funding through the
Washington State Department of Transportation (WSDOT) for the Project. On April 25, 2023, the Port
Orchard City Council adopted a Resolution accepting the grant to fund the Project. The Project and
associated grant include a 13.5% local match. The assistance of a consultant with professional
architecture and engineering expertise in street design, right-of-way, and construction phase
consulting is vital to the Project.
Pursuant to Ch. 39.80 RCW and the City's Procurement Procedures Policies adopted as Resolution No.
073-23, as amended, Public Works Department staff published a Request for Qualifications (RFQ) for
Architectural and Engineering Services for the Project in the Kitsap Sun on July 14, 2023, and July 21,
2023, and in the Daily Journal of Commerce on July 19, 2023, and July 26, 2023. By the August 11,
2023, deadline, the Public Works Department received one (1) Statement of Qualifications (SOQ) from
a qualified firm. After reviewing the SOQ received and based upon overall qualifications of the
submitting firm, the Public Works staff determined KPFF Consulting Engineers (KPFF) met the
requirements and criteria as described in the RFQ and was a responsible and responsive consultant to
provide the Architectural and Engineering services for the Project. Public Works Staff met with KPFF to
discuss, clarify, and develop the project understanding and the associated contract terms. On
November 6, 2023, the City received a defined scope of work, budget, and fees from KPFF in an
amount not to exceed $1,307,006.59. Washington State Department of Transportation (WSDOT) has
approved the contract, and it has been sent to the Federal Highway Administration (FHWA) for
concurrence. The City is waiting on concurrence from WSDOT/FHWA and the Mayor will sign the
Contract once concurrence is given.
Relationship to Comprehensive Plan: Chapter 8—Transportation
Recommendation: Staff recommends adoption of a Resolution approving and authorizing the Mayor
to execute a Contract (Once concurrence is received from FHWA) with KPFF Consulting Engineers for
the SR166/13ay Street Reconstruction Project in an amount of $1,307,006.59.
10756219.1 - 366922 - 0001
Page 96 of 199
Back to Agenda
Motion for Consideration: I move to adopt a Resolution, approving and authorizing the Mayor to
execute a Contract (Once concurrence is received from FHWA) with KPFF Consulting Engineers for the
SR166/Bay Street Reconstruction Project in an amount of $1,307,006.59 and documenting the
procurement procedures.
Fiscal Impact: A FHWA/WSDOT grant has been awarded for the "Project" with a local match of 13.5%.
The Project is budgeted in the 2023-2024 Biennial Budget 304.05.595.10.60.
Attachments: Resolution
Agreement
10756219.1 - 366922 - 0001 2
Page 97 of 199
Back to Agenda
RESOLUTION NO.
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE A CONTRACT WITH KPFF CONSULTING ENGINEERS
FOR ARCHITECTUAL AND ENGINEERING SERVICES FOR THE SR166 / BAY STREET
RECONSTRUCTION PROJECT AND DOCUMENTING PROCUREMENT
PROCEDURES
WHEREAS, the City of Port Orchard's Public Works Department identified a need for
reconstruction of a portion of SR166/13ay Street in the area south of Geiger Street to north of
Frederick Avenue (the "Project"); and
WHEREAS, the Public Works Department applied for and received a grant from Federal
Highway Administration (FHWA) FFY 2023 Congressionally Directed Spending (Earmarks)
funding for the Project through the Washington State Department of Transportation (WSDOT);
and
WHEREAS, on April 25, 2023, the Port Orchard City Council accepted a grant from
Federal Highway Administration (FHWA) FFY 2023 Congressionally Directed Spending
(Earmarks) funding through the Washington State Department of Transportation (WSDOT) to
fund the Project; and
WHEREAS, the assistance of a consultant with professional architecture and engineering
expertise in street design, right-of-way, and construction phase consulting is vital to the Project;
and
WHEREAS, pursuant to Ch. 39.80 RCW and the City's Procurement Procedures Policies
adopted as Resolution No. 073-23, as amended, Public Works Department staff published a
Request for Qualifications (RFQ) for Architectural and Engineering Services for the Project in the
Kitsap Sun on July 14, 2023, and July 21, 2023, and in the Daily Journal of Commerce on July 19,
2023, and July 26, 2023; and
WHEREAS, by the August 11, 2023, deadline, the Public Works Department received one
(1) Statement of Qualifications (SOQ) from a qualified firm; and
WHEREAS, after reviewing the SOQ received and based upon overall qualifications of
the submitting firm, the Public Works Staff determined KPFF Consulting Engineers (KPFF) met
the requirements and criteria as described in the RFQ and was a responsible and responsive
consultant to provide the Architectural and Engineering services for the Project; and
WHEREAS, Public Works Staff met with KPFF to discuss, clarify and develop the project
understanding and the associated contract terms, and on November 6, 2023, the City received
10756220.1 - 366922 - 0001
Page 98 of 199
Back to Agenda
a defined scope of work, budget, and fees from KPFF; and
WHEREAS, the Port Orchard City Council believes KPFF to be a highly qualified
consulting firm for this Project; and
WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State
Auditor's Office, wishes to document their consultant selection process as described above for
this particular contract by Resolution; Now, Therefore,
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 and authorizes the Mayor to sign a contract (Once
concurrence is received from FHWA) with KPFF Consulting Engineers for the SR166/Bay Street
Reconstruction Project in a form acceptable to the City Attorney.
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 28th day of November 2023
ATTEST:
City Clerk, Brandy Wallace, MMC
10756220.1 - 366922 - 0001
Robert Putaansuu, Mayor
Page 99 of 199
Local Agency A&E A Back to Agenda 'ervices
Cost Plus Fixed Fee Consultant Agreement
Agreement Number:
Firm/Organization Legal Name (do not use dba's):
KPFF, Inc.
Address
Federal Aid Number
1601 5th Ave, Suite 1600, Seattle WA 98101
UBI Number
Federal TIN or SSN Number
578063612
91-0755897
Execution Date
Completion Date
12/31 /2026
1099 Form Required
Federal Participation
❑ Yes ❑ No
❑� Yes ❑ No
Project Title
SR166/Bay Street Reconstruction
Description of Work
Improvements are proposed for SR166/Bay Street from Robert Geiger Street to Frederick Avenue including
intersections within the City of Port Orchard. The roadway is being raised and reconstructed to address sea
level rise. Street reconstruction includes new roadway pavements, sidewalks, and stormwater systems. The
project improvements trigger utility replacement / relocations. The project will underground power and
communications within the project limits and reconstruct the street lighting.
Street and stormwater design and construction includes federally funding with local funding participation.
Utility design and construction shall be locally funded.
❑i Yes ❑ No DBE Participation
Total Amount Authorized: $1,194,636.19
FT Yes ❑ No MBE Participation
Management Reserve Fund: $112,370.40
❑i Yes ❑ No WBE Participation
FT Yes ❑ No SBE Participation
Maximum Amount Payable: $1,307,006.59
Index of Exhibits
Exhibit A
Scope of Work
Exhibit B
DBE Participation
Exhibit C
Preparation and Delivery of Electronic Engineering and Other Data
Exhibit D
Prime Consultant Cost Computations
Exhibit E
Sub -consultant Cost Computations
Exhibit F
Title VI Assurances
Exhibit G
Certification Documents
Exhibit H
Liability Insurance Increase
Exhibit I
Alleged Consultant Design Error Procedures
Exhibit J
Consultant Claim Procedures
Agreement Number:
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 1 of 14
Revised 0210112021
THIS AGREEMENT, made and entered into as shown in the "Execution Date" 0 Back to Agendffthis
AGREEMENT, between the City of Port Orchard ,
hereinafter called the "AGENCY," and the "Firm / Organization Name" referenced on page one (1) of this
AGREEMENT, hereinafter called the "CONSULTANT."
WHEREAS, the AGENCY desires to accomplish the work referenced in "Description of Work" on page one (1)
of this AGREEMENT and hereafter called the "SERVICES;" and does not have sufficient staff to meet the required
commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide
the necessary SERVICES; and
WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating
to professional registration, if applicable, and has signified a willingness to furnish consulting services to
the AGENCY.
NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein,
or attached and incorporated and made a part hereof, the parties hereto agree as follows:
I. General Description of Work
The work under this AGREEMENT shall consist of the above -described SERVICES as herein defined, and
necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor,
and related equipment and, if applicable, sub -consultants and subcontractors necessary to conduct and complete the
SERVICES as designated elsewhere in this AGREEMENT.
II. General Scope of Work
The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit "A" attached
hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was developed
utilizing performance based contracting methodologies.
III. General Requirements
All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall
receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or
individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress,
and presentation meetings with the AGENCY and/or such State, Federal, Community, City, or County officials,
groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT
sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days'
notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "A."
The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will
outline in written and graphical form the various phases and the order of performance of the SERVICES in
sufficient detail so that the progress of the SERVICES can easily be evaluated.
The CONSULTANT, any sub -consultants, and the AGENCY shall comply with all Federal, State, and local laws,
rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under
this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State
of Washington.
Agreement Number:
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 2 of 14
Revised 0210112021
Participation for Disadvantaged Business Enterprises (DBE) or Small Business Back to Agend�required, per
49 CFR Part 26, shall be shown on the heading of this AGREEMENT. 1 1,1,L 111111Z5 Qic ilized at the
commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will be
shown on Exhibit `B" attached hereto and by this reference made part of this AGREEMENT. If the Prime
CONSULTANT is a DBE certified firm they must comply with the Commercial Useful Function (CUF)
regulation outlined in the AGENCY's "DBE Program Participation Plan" and perform a minimum of 30% of the
total amount of this AGREEMENT. It is recommended, but not required, that non -DBE Prime CONSULTANTS
perform a minimum of 30% of the total amount of this AGREEMENT.
In the absents of a mandatory DBE goal, a voluntary SBE goal amount of ten percent of the Consultant Agreement
is established. The Consultant shall develop a SBE Participation Plan prior to commencing work. Although the
goal is voluntary, the outreach efforts to provide SBE maximum practicable opportunities are not.
The CONSULTANT, on a monthly basis, shall enter the amounts paid to all firms (including Prime)
involved with this AGREEMENT into the wsdot.diversitycompliance.com program. Payment information
shall identify any DBE Participation.
All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned.
All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C —
Preparation and Delivery of Electronic Engineering and other Data."
All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared
by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for
these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or
on behalf of the AGENCY of any such instruments of service, not occurring as a part of this SERVICE, shall
be without liability or legal exposure to the CONSULTANT.
Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other
party by (i) certified mail, return receipt requested, or (ii) by email or facsimile, to the address set forth below:
If to AGENCY:
Name: Chris Hammer
Agency: City of Port Orchard
Address: 216 Prospect Street
City: Port Orchard State: WA Zip: 98366
Email: kchammer@portorchardwa.gov
Phone: 360-876-4991
Facsimile:
IV. Time for Beginning and Completion
If to CONSULTANT:
Name: John McMillan
Agency: KPFF Consulting Engineers
Address: 1601 5th Ave, Suite 1600
City: Seattle State: WA Zip: 98101
Email: john.mcmillan@kpff.com
Phone: 206-622-5822
Facsimile: 206-622-8130
The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by
the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this
AGREEMENT titled "Completion Date."
The established completion time shall not be extended because of any delays attributable to the CONSULTANT,
but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of
unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the
CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the
established completion time.
Agreement Number:
Local Agency A&E Professional Services Cost Plus Fixed FeeeConsultant Page 3 of 14
Agreement Revised 0210112021
V. Payment Provisions i Back to AgencE
The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT
as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES
rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES,
specified in Section II, "Scope of Work". The CONSULTANT shall conform to all applicable portions of 48 CFR
Part 31 (www.ecfr.gov). The estimate in support of the Cost Plus Fixed Fee amount is attached hereto as Exhibits
"D" and "E" and by this reference made part of this AGREEMENT.
A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the
CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost, indirect cost rate,
and direct non -salary costs.
Direct (RAW) Labor Costs: The Direct (RAW) Labor Cost is the direct salary paid to principals,
professional, technical, and clerical personnel for the time they are productively engaged in work necessary
to fulfill the terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify the
direct salary costs billed to the AGENCY.
2. Indirect Cost Rate (ICR) Costs: ICR Costs are those costs, other than direct costs, which are included as such
on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments shall
be made at the ICR rates shown in attached Exhibits "D" and "E" of this AGREEMENT. Total
ICR payment shall be based on Actual Costs. The AGENCY agrees to reimburse the CONSULTANT
the actual ICR costs verified by audit, up to the Maximum Total Amount Payable, authorized under this
AGREEMENT, when accumulated with all other Actual Costs.
A summary of the CONSULTANT'S cost estimate and the ICR percentage is shown in Exhibits "D" and
"E", attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT (prime and
all A&E sub -consultants) will submit to the AGENCY within six (6) months after the end of each firm's
fiscal year, an ICR schedule in the format required by the AGENCY (cost category, dollar expenditures, etc.)
for the purpose of adjusting the ICR rate for billings received and paid during the fiscal year represented by
the ICR schedule. It shall also be used for the computation of progress payments during the following year
and for retroactively adjusting the previous year's ICR cost to reflect the actual rate. The ICR schedule will
be sent to Email: ConsultantRates@wsdot.wa.gov.
Failure to supply this information by either the prime CONSULTANT or any of their A&E sub -consultants
shall cause the AGENCY to withhold payment of the billed ICR costs until such time as the required
information is received and an overhead rate for billing purposes is approved.
The AGENCY's Project Manager and/or the Federal Government may perform an audit of the
CONSULTANT'S books and records at any time during regular business hours to determine the actual ICR
rate, if they so desire.
3. Direct Non -Salary Costs: Direct Non -Salary Costs will be reimbursed at the Actual Cost to the
CONSULTANT. (excluding Meals, which are reimbursed at the per diem rates identified in this section)
These charges may include, but are not limited to, the following items: travel, printing, long distance
telephone, supplies, computer charges and fees of sub -consultants. Air or train travel will be reimbursed
only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall
comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in
accordance with WSDOT's Accounting Manual M 13-82, Chapter 10 — Travel Rules and Procedures, and
revisions thereto. Air, train, and rental car costs shall be reimbursed in accordance with 48 Code of Federal
Regulations (CFR) Part 31.205-46 "Travel Costs." The billing for Direct Non -Salary Costs shall include an
itemized listing of the charges directly identifiable with the PROJECT. The CONSULTANT shall maintain
the original supporting documents in their office. Copies of the original supporting documents shall be
supplied to the AGENCY upon request. All above charges must be necessary for the services provided
under this AGREEMENT.
Agreement Number:
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 4 of 14
Revised 02101/2021
4. Fixed Fee: The Fixed Fee, which represents the CONSULTANT'S profit Back to Agenda Exhibits "D"
and "E" of this AGREEMENT. This fee is based on the Scope of Work ,UIIIP.;u III MUM ,,i.,LiMENT and
the estimated person -hours required to perform the stated Scope of Work. In the event the CONSULTANT
enters into a supplemental AGREEMENT for additional work, the supplemental AGREEMENT may
include provisions for the added costs and an appropriate additional fee. The Fixed Fee will be prorated
and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported
in the Monthly Progress Reports accompanying the billings. Any portion of the Fixed Fee earned but not
previously paid in the progress payments will be covered in the final payment, subject to the provisions of
Section IX entitled "Termination of Agreement."
5. Management Reserve Fund (MRF): The AGENCY may desire to establish MRF to provide the Agreement
Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable
unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in
this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $100,000 or
10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included
for the MRF is shown in the heading of this AGREEMENT. This fund may not be replenished. Any
changes requiring additional costs in excess of the MRF shall be made in accordance with Section XIII,
"Extra Work."
6. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the
CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this
AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and
the MRF. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in
Section XIII, "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT.
B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of
Actual Costs plus the ICR and calculated fee on a monthly basis during the progress of the work. Such billings
shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under
Section III, "General Requirements" of this AGREEMENT. The billings will be supported by an itemized
listing for each item including Direct (RAW) Labor, Direct Non -Salary, and allowable ICR Costs to which will
be added the prorated Fixed Fee. To provide a means of verifying the billed Direct (RAW) Labor costs for
CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of
recording the names, titles, Direct (RAW) Labor rates, and present duties of those employees performing work
on the PROJECT at the time of the interview.
C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made
promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT,
contingent, if applicable, upon receipt of all PS&E, plans, maps, notes, reports, electronic data and other related
documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by
the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have
against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by
the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that
the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect
to such claims.
The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time
of final audit; all required adjustments will be made and reflected in a final payment. In the event that such
final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to
the AGENCY within thirty (30) calendar days of notice of the overpayment. Such refund shall not constitute
a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of
overpayment. The CONSULTANT has twenty (20) working days after receipt of the final POST AUDIT to
begin the appeal process to the AGENCY for audit findings.
Agreement Number:
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Revised 0210112021
D. Inspection of Cost Records: The CONSULTANT and their sub -consultants sI
Back to Agendll inspection
by representatives of the AGENCY and the United States, for a period of sixkv) ycain, alLci IL of final
payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon
these records with the following exception: if any litigation, claim or audit arising out of, in connection with,
or related to this AGREEMENT is initiated before the expiration of the six (6) year period, the cost records and
accounts shall be retained until such litigation, claim, or audit involving the records is completed.
An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be performed by the
State Auditor, WSDOT's Internal Audit Office and/or at the request of the AGENCY's Project Manager.
VI. Sub -Contracting
The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit "A" attached hereto and by
this reference made part of this AGREEMENT.
The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without
prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY
and sub -consultant, any contract or any other relationship.
Compensation for this sub -consultant SERVICES shall be based on the cost factors shown on Exhibit "E" attached
hereto and by this reference made part of this AGREEMENT.
The SERVICES of the sub -consultant shall not exceed its maximum amount payable identified in each sub -
consultant cost estimate unless a prior written approval has been issued by the AGENCY.
All reimbursable direct labor, indirect cost rate, direct non -salary costs and fixed fee costs for the sub -consultant
shall be negotiated and substantiated in accordance with section V "Payment Provisions" herein and shall be
memorialized in a final written acknowledgement between the parties.
All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require
each sub -consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With
respect to sub -consultant payment, the CONSULTANT shall comply with all applicable sections of the STATE's
Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011.
The CONSULTANT, sub -recipient, or sub -consultant shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the
CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the
termination of this AGREEMENT or such other remedy as the recipient deems appropriate.
VII. Employment and Organizational Conflict of Interest
The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona
fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or
agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any
fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the
award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul
this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price or consideration
or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work
or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the
CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's
Agreement Number:
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 6 of 14
Revised 0210112021
Compensation Act on behalf of said employees or other persons while so engaged Back to Agenda ims made
by a third party as a consequence of any act or omission on the part of the CON�,L.L,-,l-41 z�, %,,jL vy%,es or other
persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation
and responsibility of the CONSULTANT.
The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this
AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this
AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly
retired employees, without written consent of the public employer of such person if he/she will be working on this
AGREEMENT for the CONSULTANT.
VIII. Nondiscrimination
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub -consultants,
subcontractors and successors in interest, agrees to comply with the following laws and regulations:
• Title VI of the Civil Rights Act of 1964
(42 U.S.C. Chapter 21 Subchapter V § 2000d
through 2000d-4a)
• Federal -aid Highway Act of 1973
(23 U.S.C. Chapter 3 § 324)
• Civil Rights Restoration Act of 1987
(Public Law 100-259)
• American with Disabilities Act of 1990
(42 U.S.C. Chapter 126 § 12101 et. seq.)
• 23 CFR Part 200
• Rehabilitation Act of 1973 • 49 CFR Part 21
(29 U.S.C. Chapter 16 Subchapter V § 794) • 49 CFR Part 26
• Age Discrimination Act of 1975 • RCW 49.60.180
(42 U.S.C. Chapter 76 § 6101 et. seq.)
In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "F"
attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "F" in
every sub -contract, including procurement of materials and leases of equipment, unless exempt by the Regulations
or directives issued pursuant thereto.
IX. Termination of Agreement
The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten
(10) days written notice to the CONSULTANT.
In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the
CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged and any appropriate
fixed fee percentage at the time of termination of this AGREEMENT, plus any direct non -salary costs incurred up to
the time of termination of this AGREEMENT.
No payment shall be made for any SERVICES completed after ten (10) days following receipt by the
CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice
of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2) of this
section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for
any excess paid.
If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT,
the above formula for payment shall not apply.
In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the
AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES
to the date of termination, the amount of SERVICES originally required which was satisfactorily completed to
Agreement Number:
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Revised 0210112021
date of termination, whether that SERVICE is in a form or a type which is usablI Back to Agenda 1e time of
termination, the cost to the AGENCY of employing another firm to complete the oLl.v jL%,LlmiL%,�and the
time which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES
performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the
amount, which would have been made using the formula set forth in paragraph two (2) of this section.
If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT's failure to
perform is without the CONSULTANT's or its employee's fault or negligence, the termination shall be deemed to
be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed
for actual costs and appropriate fixed fee percentage in accordance with the termination for other than default
clauses listed previously.
The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any member,
partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT's supervisory and/or
other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT employee.
The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50% or
more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The
CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT
unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s)
of this AGREEMENT. If termination for convenience occurs, final payment will be made to the CONSULTANT
as set forth in the second and third paragraphs of this section.
Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of
any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the
CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY.
Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights
with respect to any future act or omission by the CONSULTANT.
X. Changes of Work
The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as
necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY find
it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof changed or
revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered
as Extra Work and will be paid for as herein provided under section XIII "Extra Work."
XI. Disputes
Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within
10 days to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and
binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the
Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to judicial review. If the
parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under
the procedures found in Exhibit "J". In the event that either party deem it necessary to institute legal action or
proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in the Superior
Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto
agree that all questions shall be resolved by application of Washington law and that the parties have the right of
appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The
CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington,
situated in the county in which the AGENCY is located.
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XII. Legal Relations ` Back to Agendjg
The CONSULTANT, any sub -consultants, and the AGENCY shall comply with all Federal, State, and local laws,
rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed under this
AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of
Washington.
The CONSULTANT shall defend, indemnify, and hold The State of Washington (STATE) and the AGENCY and
their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part
from the negligence of, or the breach of any obligation under this AGREEMENT by, the CONSULTANT or the
CONSULTANT's agents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons
for whom the CONSULTANT may be legally liable; provided that nothing herein shall require a CONSULTANT
to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless
the STATE and the AGENCY and their officers and employees from claims, demands or suits based solely upon
the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the AGENCY, their
agents, officers, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom
the STATE and/or the AGENCY may be legally liable; and provided further that if the claims or suits are caused
by or result from the concurrent negligence of (a) the CONSULTANT or the CONSULTANT's agents, employees,
sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legally
liable, and (b) the STATE and/or AGENCY, their agents, officers, employees, sub -consultants, subcontractors and or
vendors, of any tier, or any other persons for whom the STATE and or AGENCY may be legally liable, the defense
and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT's negligence or
the negligence of the CONSULTANT's agents, employees, sub -consultants, subcontractors or vendors, of any tier,
or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any
AGREEMENT between CONSULTANT and any sub -consultant, subcontractor and vendor, of any tier.
The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers
and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the
alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents,
proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the CONSULTANT's
agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the
CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any
use in connection with the AGREEMENT of methods, processes, designs, information or other items furnished or
communicated to STATE and/or the AGENCY, their agents, officers and employees pursuant to the AGREEMENT;
provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly
improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or
inventions resulting from STATE and/or AGENCY'S, their agents', officers' and employees' failure to comply
with specific written instructions regarding use provided to STATE and/or AGENCY, their agents, officers and
employees by the CONSULTANT, its agents, employees, sub -consultants, subcontractors or vendors, of any tier, or
any other persons for whom the CONSULTANT may be legally liable.
The CONSULTANT's relation to the AGENCY shall be at all times as an independent contractor.
Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its sole
discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and
examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or
any similar statute involving the CONSULTANT in the procurement of, or performance under, this AGREEMENT.
The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT's own
employees or its agents against the STATE and /or the AGENCY and, solely for the purpose of this indemnification
and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51
RCW. This waiver has been mutually negotiated between the Parties.
Agreement Number:
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Revised 0210112021
Unless otherwise specified in this AGREEMENT, the AGENCY shall be respons� Back to Agenda n of
construction contracts, if any, on the project. Subject to the processing of a new „il, z.„uL,,%:;;, „1 an a%,%,eptable
supplemental AGREEMENT, the CONSULTANT shall provide On -Call assistance to the AGENCY during contract
administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper
construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance
with the contract documents.
The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise
required, the following insurance with companies or through sources approved by the State Insurance
Commissioner pursuant to Title 48 RCW.
Insurance Coverage
A. Worker's compensation and employer's liability insurance as required by the STATE.
B. Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with minimum
limits of one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) in the
aggregate for each policy period.
C. Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage for
any "Auto" (Symbol 1) used in an amount not less than a one million dollar ($1,000,000.00) combined single
limit for each occurrence.
Excepting the Worker's Compensation Insurance and any Professional Liability Insurance, the STATE and
AGENCY, their officers, employees, and agents will be named on all policies of CONSULTANT and any sub -
consultant and/or subcontractor as an additional insured (the "AIs"), with no restrictions or limitations concerning
products and completed operations coverage. This coverage shall be primary coverage and non-contributory and
any coverage maintained by the AIs shall be excess over, and shall not contribute with, the additional insured
coverage required hereunder. The CONSULTANT's and the sub -consultant's and/or subcontractor's insurer shall
waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with
verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to
require complete, certified copies of all required insurance policies at any time.
All insurance shall be obtained from an insurance company authorized to do business in the State of Washington.
The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the
execution of this AGREEMENT to:
Name: Chris Hammer
Agency: City of Port Orchard
Address: 216 Prospect Street
City: Port Orchard State: WA Zip: 98366
Email: kchammer@portorchardwa.gov
Phone: 360-876-4991
Facsimile:
No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY.
The CONSULTANT's professional liability to the AGENCY, including that which may arise in reference to
section IX "Termination of Agreement" of this AGREEMENT, shall be limited to the accumulative amount of the
authorized AGREEMENT amount or one million dollars ($1,000,000.00), whichever is greater, unless the limit of
liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT's professional
liability to third parties be limited in any way.
Agreement Number:
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Revised 0210112021
The parties enter into this AGREEMENT for the sole benefit of the parties, and j,�!ck to Agend,* third party,
and no third party beneficiary is intended or created by the execution of this AGv1L� 1.
The AGENCY will pay no progress payments under section V "Payment Provisions" until the CONSULTANT has
fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is
available to it under other provisions of this AGREEMENT, or otherwise in law.
XIII. Extra Work
A. The AGENCY may at any time, by written order, make changes within the general scope of this AGREEMENT
in the SERVICES to be performed.
B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance
of any part of the SERVICES under this AGREEMENT, whether or not changed by the order, or otherwise
affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an equitable adjustment
in the: (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms
and shall modify this AGREEMENT accordingly.
C. The CONSULTANT must submit any "request for equitable adjustment," hereafter referred to as "CLAIM,"
under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY
decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final
payment of this AGREEMENT.
D. Failure to agree to any adjustment shall be a dispute under the section XI "Disputes" clause. However, nothing
in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed.
E. Notwithstanding the terms and conditions of paragraphs (A.) and (B.) above, the maximum amount payable for
this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement
to this AGREEMENT.
XIV. Endorsement of Plans
If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering
data furnished by them.
XV. Federal Review
The Federal Highway Administration shall have the right to participate in the review or examination of the
SERVICES in progress.
XVI. Certification of the Consultant and the Agency
Attached hereto as Exhibit "G-1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit
"G-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered
Transactions, Exhibit "G-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
and Exhibit "G-4" Certificate of Current Cost or Pricing Data. Exhibit "G-3" is required only in AGREEMENT's
over one hundred thousand dollars ($100,000.00) and Exhibit "G-4" is required only in AGREEMENT's over
five hundred thousand dollars ($500,000.00.) These Exhibits must be executed by the CONSULTANT, and
submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III "General
Requirements" prior to its performance of any SERVICES under this AGREEMENT.
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XVII. Complete Agreement ` Back to Agend,
This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the
parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or
be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or
modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement
to this AGREEMENT.
XVIII. Execution and Acceptance
This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed
to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements,
representations, warranties, covenants, and AGREEMENT's contained in the proposal, and the supporting material
submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and
conditions thereof.
XIX. Protection of Confidential Information
The CONSULTANT acknowledges that some of the material and information that may come into its possession
or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt
from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state
or federal statutes ("State's Confidential Information"). The "State's Confidential Information" includes, but is
not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles,
credit card information, driver's license numbers, medical data, law enforcement records (or any other information
identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security
data, non-public Specifications, STATE and AGENCY non -publicly available data, proprietary software, State
security data, or information which may jeopardize any part of the project that relates to any of these types of
information. The CONSULTANT agrees to hold the State's Confidential Information in strictest confidence
and not to make use of the State's Confidential Information for any purpose other than the performance of this
AGREEMENT, to release it only to authorized employees, sub -consultants or subcontractors requiring such
information for the purposes of carrying out this AGREEMENT, and not to release, divulge, publish, transfer,
sell, disclose, or otherwise make it known to any other party without the AGENCY's express written consent
or as provided by law. The CONSULTANT agrees to release such information or material only to employees,
sub -consultants or subcontractors who have signed a nondisclosure AGREEMENT, the terms of which have
been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and
managerial safeguards to prevent unauthorized access to the State's Confidential Information.
Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the AGENCY's
option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State's Confidential
Information; or (ii) returned all of the State's Confidential Information to the AGENCY, or (iii) take whatever other
steps the AGENCY requires of the CONSULTANT to protect the State's Confidential Information.
As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following:
the State's Confidential Information received in the performance of this AGREEMENT; the purpose(s) for which
the State's Confidential Information was received; who received, maintained and used the State's Confidential
Information; and the final disposition of the State's Confidential Information. The CONSULTANT's records shall
be subject to inspection, review, or audit upon reasonable notice from the AGENCY.
The AGENCY reserves the right to monitor, audit, or investigate the use of the State's Confidential Information
collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or
investigating may include, but is not limited to, salting databases.
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Violation of this section by the CONSULTANT or its sub -consultants or subcon� Back to Agenda ermination of
this AGREEMENT and demand for return of all State's Confidential Informatio , 111U1 cLaiy uaLiiarc,�, or penalties.
It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information which
is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the
confidentiality of such information during the term of this AGREEMENT and afterwards. All materials containing
such proprietary and/or confidential information shall be clearly identified and marked as "Confidential" and shall
be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT.
The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidential
and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT; or (b) as soon as such
confidential or proprietary material is developed. "Proprietary and/or confidential information" is not meant to
include any information which, at the time of its disclosure: (i) is already known to the other party; (ii) is rightfully
disclosed to one of the parties by a third parry that is not acting as an agent or representative for the other party;
(iii) is independently developed by or for the other party; (iv) is publicly known; or (v) is generally utilized by
unaffiliated third parties engaged in the same business or businesses as the CONSULTANT.
The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure
laws. As such, the AGENCY shall maintain the confidentiality of all such information marked proprietary and/
or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a
public disclosure request is made to view materials identified as "Proprietary and/or confidential information" or
otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that such
records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent
jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure, the
AGENCY will release the requested information on the date specified.
The CONSULTANT agrees to notify the sub -consultant of any AGENCY communication regarding disclosure that
may include a sub -consultant's proprietary and/or confidential information. The CONSULTANT notification to the
sub -consultant will include the date that such records will be released by the AGENCY to the requester and state
that unless the sub -consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure
the AGENCY will release the requested information. If the CONSULTANT and/or sub -consultant fail to obtain
a court order or other judicial relief enjoining the AGENCY by the release date, the CONSULTANT shall waive
and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages,
liabilities, or costs associated with the AGENCY's said disclosure of sub -consultants' information.
XX. Records Maintenance
During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6) years
from the date of final payment to the CONSULTANT, the CONSULTANT shall keep, retain and maintain all
"documents" pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all "documents"
pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT's place
of business during normal working hours. If any litigation, claim or audit is commenced, the CONSULTANT shall
cooperate with AGENCY and assist in the production of all such documents. "Documents" shall be retained until
all litigation, claims or audit findings have been resolved even though such litigation, claim or audit continues past
the six (6) year retention period.
For purposes of this AGREEMENT, "documents" means every writing or record of every type and description,
including electronically stored information ("ESI"), that is in the possession, control, or custody of the
CONSULTANT, including, without limitation, any and all correspondences, contracts, AGREEMENT `s,
appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten
notes, reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records,
work sheets, charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings,
Agreement Number:
'1112Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 13 of 14
Revised 0210112021
tabulations, computations, summaries, inventories, and writings regarding confe� Back to Agenda or
telephone conversations, and any and all other taped, recorded, written, printed gyp,;. matuciz .,. aA� kind or
description; every copy of the foregoing whether or not the original is in the possession, custody, or control of the
CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an original,
or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original.
For purposes of this AGREEMENT, "ESI" means any and all computer data or electronic recorded media of any
kind, including "Native Files", that are stored in any medium from which it can be retrieved and examined, either
directly or after translation into a reasonably useable form. ESI may include information and/or documentation
stored in various software programs such as: Email, Outlook, Word, Excel, Access, Publisher, PowerPoint, Adobe
Acrobat, SQL databases, or any other software or electronic communication programs or databases that the
CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup
tapes, smart phones, thumb drives, CDs, DVDs, floppy disks, work computers, cell phones, laptops or any other
electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any
personal devices used by the CONSULTANT or any sub -consultant at home.
"Native files" are a subset of ESI and refer to the electronic format of the application in which such ESI is normally
created, viewed, and /or modified.
The CONSULTANT shall include this section XX "Records Maintenance" in every subcontract it enters into in
relation to this AGREEMENT and bind the sub -consultant to its terms, unless expressly agreed to otherwise in
writing by the AGENCY prior to the execution of such subcontract.
In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the
"Execution Date" box on page one (1) of this AGREEMENT.
Signature
Signature
Date
Date
Any modification, change, or reformation of this AGREEMENTshall require approval as to form by the Office
of the Attorney General.
Agreement Number:
'1113Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 14 of 14
Revised 0210112021
Back to Agenda xhlbl t A
See Attached.
Scope of Work
Project No.
Agreement Number:
Exhibit A - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Page 1 of 1
Back to Agenda
EXHIBIT A
PORT ORCHARD SR166 RECONSTRUCTION
FINAL DESIGN SCOPE OF WORK
Contents
ProjectDescription................................................................................................................................... 3
Introduction..........................................................................................................................................
3
ProjectScope
Includes........................................................................................................................
3
Services provided by the Consultant shall include: .......................................................................
4
Information
/ Resources Provided by the City...............................................................................
5
Task 1:
Project Management..................................................................................................................6
1.1
Contract Administration.................................................................................................
6
1.2
Project Management Plan...............................................................................................
6
1.3
Subconsultant Management...........................................................................................
6
1.4
Coordination Meetings...................................................................................................
7
Task2:
Data Collection...........................................................................................................................
8
2.1
Data Collection.................................................................................................................
8
2.2
Survey................................................................................................................................9
Task 3:
Community Outreach..............................................................................................................10
3.1
Public Outreach Engagement Plan..............................................................................10
3.2
Project Steering Committee..........................................................................................11
3.3
Virtual Engagement.......................................................................................................11
3.4
Project Advertising and Public Engagement.............................................................12
Task 4:
SR 166 PS&E Design................................................................................................................12
4.1
Basis of Design................................................................................................................12
4.2
30% Concept Design......................................................................................................12
4.3
SR 166 PS&E....................................................................................................................13
4.4
Quality Management.....................................................................................................16
4.5
Stormwater Report.........................................................................................................17
4.6
Bid Support Services......................................................................................................18
Task 5:
Utility Relocation PS&E..........................................................................................................18
5.1
Utility Basis of Design...................................................................................................18
5.2
Utility Relocation Coordination...................................................................................18
5.3
Utility Concept Design..................................................................................................19
5.4
Early Utility Relocation PS&E......................................................................................19
Task 6:
Early Utility Relocation Environmental Services..............................................................
20
6.1
Cultural Resource Services...........................................................................................
20
6.2
SEPA Documents...........................................................................................................
22
6.3
Permitting Support........................................................................................................
22
Task 7:
SR 166 Environmental Services.............................................................................................
24
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7.1
Cultural Resource Services...........................................................................................
24
7.2
NEPA Documentation...................................................................................................
26
7.3
Permitting Support........................................................................................................
27
Task 8:
Geotech and Soil Evaluation Services..................................................................................
29
8.1
Geotechnical Services....................................................................................................
29
8.2
Hazardous Materials Review.......................................................................................
32
Task 9:
Traffic and Illumination.........................................................................................................34
9.1
Traffic Analysis..............................................................................................................
34
9.2
Illumination Evaluation and Coordination................................................................
34
9.3
Illumination PS&E.........................................................................................................
35
Task10:
WSDOT Coordination...........................................................................................................
35
10.1
WSDOT Coordination...................................................................................................35
10.2
WSDOT Channelization Plans for Approval(PFA)..................................................
36
Task 11:
Landscape Architecture.........................................................................................................
36
11.1
Landscape Design..........................................................................................................
36
11.2
Urban Design..................................................................................................................
37
Task12:
Real Estate Services................................................................................................................
37
12.1
Preliminary Right -of -Way Services.............................................................................
37
12.2
Temporary Construction Easements and Right of Entry .........................................
37
12.3
Acquisition Services.......................................................................................................
38
Task 13:
Construction Management...................................................................................................
39
13.1
Reserved..........................................................................................................................
39
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Project Description
Introduction
Improvements are proposed for SR166/Bay Street from Robert Geiger Street to
Frederick Avenue including intersections within the City of Port Orchard. The
roadway is being raised and reconstructed to address sea level rise. Street
reconstruction includes new roadway pavements, sidewalks, and stormwater systems.
The project improvements trigger utility replacement / relocations. The project will
underground power and communications within the project limits and reconstruct the
street lighting.
Gas, water, and sewer utility improvements may be constructed in advance of or tied to
the project. Street and utility work is being undertaken to support planned
redevelopment in Port Orchard's downtown area and to replace infrastructure that has
reached the end of its life or address community needs.
Street and stormwater design and construction is Federally funded with Local match.
Construction is funded by Congressional Directed Spending/ Highway Improvement
Program. Construction is funded by Surface Transportation Program. Utility work is
locally funded.
Project schedule will target beginning of construction for the utility relocations by Q4
2024-Q12025 and beginning construction for the roadway project by Q3-Q4 2025.
Schedule will be dependent on permitting and approvals, but summary below includes
additional buffer to address potential review cycles.
The CONSULTANT team shall support the City's project delivery as outlined in this
scope of work.
Schedule
• NTP October 2023
• NEPA completed September 2024
• Utility Design completed Q2 2024
• Utility Package Relocation Construction Q3-Q4 of 2024
• Roadway Design completed Q4 2024
• Roadway Reconstruction Summer of 2025 or Summer of 2026 if NEPA approval
is delayed
Key Stakeholders
City of Port Orchard, local residents, local businesses, Port of Bremerton, WSDOT, Port
Orchard Fire Department, Local Bicycle Community, and Local Tribes.
Project Scope Includes
1. Reconstruction and raising of SR166/Bay Street from Robert Geiger Street to
Frederick Avenue including intersections.
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2. Utility Relocation and reconstruction work to facility roadway reconstruction,
including potential utility relocations outside the pavement reconstruction area.
The limits of work are shown on Figure 1 - Project Limits below.
3. Construction activities will likely require contractor access to private property
within the project corridor, but no permanent easements or full right-of-way
(ROW) acquisitions are needed for this project.
Port Orchard SR166 Reconstruction Project Project Limits -An— Ammidib- '
Early Utility Package and Utility
Undergrounding Project Limits
Extension of Early Utility Package ""."""".""
Project Limits for Looped Water Main .••••.........
SR166 Reconstruction Project Limits $ ,
r '/ice■■■ >
• /f T
City Well
Proposed Water Main 4:A W,� V
Possible Water Main Loop Extension ........... Robo r' A;qo: sa
Stormwater
Sanitary Sewer
Power Undergrounding/Joint Utility Trench
Future WSDOT Estuary Project Limits
r.�- �Sb ♦ �. ! ins•
Xftt
Figure 1- Project Limits
Services provided by the Consultant shall include:
1. Refinement of the project improvements through a limited engagement process
with a project steering committee, stakeholders, and City staff.
2. Consultant shall develop PS&E packages assuming an "early work" utility
relocation package is constructed one year before a larger SR166 roadway
reconstruction project is constructed.
3. The CONSULTANT shall utilize the concept design for SR166/ Bay Street
already developed for Community Events Center as a starting point advancing
the concept design (30% PS&E package) for SR166 reconstruction work.
4. Development of a 60 %, 90 %,100 %, Final (PS&E) SR166 reconstruction work
package.
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5. Power and communication utilities will be undergrounded within the project
limits. Undergrounding may be extended west of the SR 166 Roadway
reconstruction project limits to the limits of future WSDOT Estuary Restoration
project, located just east of the intersection of SR166/ Bay Street and Port
Orchard Boulevard. Relocation and/or undergrounding will be funded by
utilities through City/Utility franchise agreements and supplemental City Funds
with design support provided by the CONSULTANT.
6. Right of Way consultant services including Temporary Construction Easement
acquisition services and right of way plan certification support with WSDOT.
Information 1 Resources Provided by the City
1. Record drawings for roadway, water, sewer, and stormwater.
2. City CADD PS&E standards and survey standards for use by the
CONSULTANT, unless authority for plan and survey standards are delegated to
the CONSULTANT.
3. Utility agencies and contact person within the project limits.
4. Identification of known critical areas and issues relevant to implementation
within the project's limits.
5. Project Manual boilerplate specifications and standard City contracting material
for inclusion in bid document preparation.
6. Requirements of any grant funding that need to be met by the project or the
future Project Contractor.
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Task 1: Project Management
The CONSULTANT shall provide overall project administration and management for
the duration of the project.
1.1 Contract Administration
The CONSULTANT shall develop and manage the project scope, schedule, and budget
and execute contract administration activities as needed to complete the scope of work.
Monthly invoices for work completed to date shall be submitted to the City with cost
tracking at the Task Level with an assumed project duration of 24 months.
The CONSULANT may re -allocate budget between tasks and sub -consultants at the
approval of the City to meet project needs.
Deliverable(s):
1. Scope, schedule, and budget updates as warranted (electronic PDF).
2. Monthly progress report summary (electronic PDF).
3. Monthly invoices (electronic PDF).
1.2 Project Management Plan
The CONSULTANT shall develop and maintain a simplistic Project Management Plan.
The Project management plan shall include:
1. Project Team Org Chart and Contact List
2. Work Breakdown Structure
3. Quality Management Plan
4. Federal Funding Coordination procedures and critical path schedule
A Risk Registry, schedule, and design issue log shall be maintained by the
CONSULTANT.
Deliverable(s):
1. Project Management Plan (living document) (electronic PDF or DOCX).
2. Risk Registry (living document) (electronic PDF or DOCX).
3. Design issue log (living document) electronic PDF or DOCX).
1.3 Subconsultant Management
The CONSULTANT shall prepare SUBCONSULTANT contracts and manage
SUBCONSULTANTS to ensure accurate and timely implementation of the work plan
and the appropriate coordination of work activities, including the review of all
SUBCONSULTANTS' work on various project elements. In addition, the
CONSULTANT shall conduct reviews of SUBCONSULTANTS' progress and invoices.
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1.4 Coordination Meetings
The CONSULTANT shall schedule, attend, and host project meetings to support the
project and facilitate communication.
Project Management Meetings
The CONSULTANT Project Manager (PM) and the City PM shall have a monthly virtual
meeting to discuss project issues, current status, and upcoming work for the duration of
the project design phase, with an expected duration of 60 minutes. The CONSULTANT
PM shall also attend five two-hour face-to-face meetings with various City staff to
support the project between design milestones, with virtual meetings assumed.
Design Milestone Meetings
CONSULTANT will schedule meetings with the City at project milestones noted below
to coordinate the design process. Meetings are assumed virtual and last ninety minutes
each.
• Kickoff
• Concept 30% design
• Review of 60% design
• Review of 90% design
• Review of bid package (if needed for addendums)
The project kickoff meeting shall be attended by the CONSULTANT PM, Consultant
Project Coordinator, the Lead Engineer, the Landscape/Urban Design lead, and the
Outreach Lead.
All other milestone meetings will be attended by the CONSULTANT PM, Project
Coordinator and Lead Engineer.
Third -Party Project Technical Coordination Meetings
The CONSULTANT will attend up to eight (8) 90-minute meetings with third parties
relevant to the project to coordinate technical issues on the project, such as access issues,
permitting coordination and coordination needs not identified elsewhere. Third parties
may include transit service providers, port operators, and emergency service providers
in the corridor.
Assumption(s):
1. Meetings shall be technical in nature and require one CONSULTANT staff
member per meeting.
2. The CONSULTANT shall develop exhibits and supporting material for each
meeting.
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3. City staff shall be invited to all technical coordination meetings.
Deliverable(s):
1. Meeting presentation/coordination materials.
2. Meeting draft and final notes.
Internal team coordination shall occur with budgets from other tasks.
Task 2: Data Collection
2.1 Data Collection
The CONSULTANT shall review existing data, document the major findings, determine
what additional data is needed, and conduct a site visit to review existing conditions. In
addition, the CONSULTANT shall complete the following activities:
1. Collect and review utility GIS information.
2. Collect and review collision history data.
3. Coordinate with the City and private utilities to obtain existing utility
information.
4. Collect existing record drawings within the project vicinity.
5. Perform an existing conditions site visit after survey has been collected.
Assumption(s):
1. City will provide information in electronic PDF format, including traffic counts,
transit information, and background records.
Deliverable(s):
1. Tech memo summary of project existing condition site visit.
2. Tech memo summary of utility coordination data revisions or updates.
3. Electronic publication of collected records.
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2.2 Survey
The CONSULTANT shall provide survey services to support the project including
collection of surface topo survey within the project vicinity, verifying existing survey
collected on previous projects within the project limits, and production of survey
basemaps and right of way survey plans.
(See Attachment A - Survey Collection Figure).
The CONSULTANT shall
1. collect right-of-way survey within the project vicinity and supplement
previously collected survey. Monuments shall be located and used to establish
rights -of -way for SR166/Bay Street and side streets for a distance of 100 feet
beyond SR166/ Bay Street rights -of -way.
2. collect surface visual utility survey, including drainage and sewer utility
measure -downs of accessible catch basins, manholes, inlets, and other drainage
structures within the project vicinity. Information on non -visual underground
utilities shall be collected by the CONSULTANT using GIS information, record
drawings, or other means.
3. develop a Civil 3D basemap of the existing conditions per the City Standards and
a Civil 3D existing condition Digital Terrain Model. Civil 3D 2020 shall be the
project's existing condition file format.
4. develop survey control sheets for the project based on collected topographical
survey, providing horizontal and vertical control for the project.
5. Produce survey work in conformance with City standards provided by City or as
mutually acceptable to the CONSULTANT and the City. Survey basemaps will
be provided in U.S. Survey Feet NAD 83/91horizontal9l and NAVD 88 vertical
datums, unless otherwise directed.
6. use a private 3rd party utility locator to field verify accuracy and completeness of
existing utility information. CONSULANT shall collect data of field marked
utility locates, as warranted, during survey data collection.
7. Survey trees within the project limit and label trees with trunk and dripline
diameter and will be classified as coniferous or deciduous on the basemap
survey.
8. CONSULTANT shall not collect survey requiring confined space entry, but shall
note in the basemap locations where information is was uncollected due to
confined space restrictions.
Assumption(s)
Establishment of parcel limits will not be made beyond GIS limits. If a TCE or
right-of-way need is established in the 30% design submittal, the CONSULTANT
and the City shall negotiate services in a future amendment, with possible
utilization of the management reserve fund.
Deliverable(s):
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1. Existing Conditions survey in Civil 3D 2020 format in 2D and 3D with right-of-
way limits.
2. Existing Surface DTM in Civil 3D 2020 format.
3. Horizontal and Vertical Control Drawings.
Task 3: Community Outreach
3.1 Public Outreach Engagement Plan
The CONSULTANT shall support City led public engagement efforts for this project.
Extensive outreach has already been completed by the City to guide this project, and
related public infrastructure projects, and the CONSULTANT shall not perform
redundant outreach efforts. Public engagement efforts shall be streamlined to be
compliant with Federal Funding requirements and provide the public project
notifications and updates.
A simplistic Public Outreach Engagement Plan will be developed by the Consultant to
identify a schedule for public involvement, key stakeholders, messaging, and intended
outcomes.
As part of this task, the CONSULTANT will review documentation of the previous City
proposed work in the SR166/Bay Street corridor to assess past concerns and relevant
issues.
The Plan will focus on notifying the public of upcoming construction activities and
project updates.
The CONSULTANT PM and outreach lead will participate in two public engagement
check -ins with the City.
Assumption(s):
1. City staff will participate in development of the Public Engagement Plan.
2. The City shall lead, and be responsible for, all public noticing and hearing
requirements related to funding obligations.
3. The City shall confirm with the lead NEPA agency proposed public engagement
is acceptable to the lead agency to obtain NEPA compliance before executing the
public engagement plan.
Deliverable(s):
1. Draft and Final Public Engagement Plan.
2. Meeting agendas and meeting summaries.
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3.2 Project Steering Committee
An advisory group shall be formed by the City to support project delivery and increase
engagement opportunities with stakeholders and improve communication between the
design team, City staff, and stakeholders. The Steering committee is planned to include
the Port Orchard Council Transportation Committee.
The project steering committee shall provide stakeholders opportunities for
collaboration on the project design and serve as a resource for the design team to vet
concepts and approaches to project delivery.
The design team shall formally engage the Steering Committee on up to two times
including:
• One meeting before the 30% concept design is submitted
• After the 90 % submittal
Informal communication between the CONSULTANT and the Steering Committee may
occur with approval of the City.
The CONSULTANT PM will also attend one City Council presentation to brief the full
council on project status.
Assumption(s):
1. The Steering Committee has an advisory role.
2. The City shall contact Steering Committee members and schedule all meetings.
Deliverable(s):
1. Steering Committee Meeting Materials.
2. Council Presentation Materials
3.3 Virtual Engagement
CONSULTANT shall support project virtual engagement through development of
graphic and written materials for posting on the City's project website throughout the
course of the project.
The CONSULTANT will prepare one fact sheet about the project that will serve as an
attachment for email communications and will be posted on the City's website.
Assumption(s):
1. City will maintain and host the project website.
Deliverable(s):
1. Virtual Engagement materials and graphics
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3.4 Project Advertising and Public Engagement
The CONSULTANT will provide language and graphics to City staff to distribute
information on social media and via email listservs.
The CONSULTANT will write up to two press releases to be shared with various media
in Port Orchard and distributed using City social media and website communication
methods.
Assumption(s):
1. City staff will lead social media outreach and distribute notice via its contact
email distribution list and other established notification channels.
2. Port Orchard communications staff will share the press release with appropriate
media outlets.
Deliverable(s):
1. Public outreach graphics and press releases.
Task 4: SR 166 PS&E Design
4.1 Basis of Design
The CONSULTANT shall prepare a basis of design documenting design decisions,
standards, and guidelines used in the design work and key assumptions in coordination
with the City.
Deliverable(s):
1. Basis of Design (living document).
4.2 30% Concept Design
The CONSULANT shall develop a 30% level concept design of the corridor, building on
the previous concept design developed under the Community Events Center project
concept phase and provide a recommendation for major project elements to move into
final design to the City. The concept design phase shall:
1. Evaluate raising the SR166/ Bay St roadway profile within the project limits to
address flooding mitigation issues.
2. Evaluate opportunities to address stakeholder requests and concerns.
3. Identify design challenges and solutions.
4. Identify solutions to improve the quality of the walking and biking environment
and provide traffic calming treatments.
5. Identify potential utility impacts and necessary utility relocations and
undergrounding opportunities.
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Develop a simplistic drainage memo identifying the stormwater requirements
for the project based on the new plus replaced hard surface area tabulations
within the project limits. Stormwater mitigation solutions shall utilize Low
Impact Development (LID) BMPs where feasible. CONSULTANT shall
coordinate and propose stormwater mitigation solutions that are in -line with the
City's Stormwater Plan for downtown Port Orchard.
7. Evaluate on -street parking configurations.
8. Conceptually define landscape treatments and areas for potential LID
techniques.
9. Identify temporary / interim grading issues and develop alternative solutions.
10. Establish construction cost range.
11. Present concept design to WSDOT with the goal of obtaining support for future
implementation and any potential design deviations.
Assumption(s):
Design speed reduction to 20 MPH in the corridor shall be approved by WSDOT,
or the roadway jurisdictional authority.
Deliverable(s):
1. 30% Concept Design Plans.
2. 30% Concept level cost estimate technical memo.
3. 30% Concept level Drainage Memorandum.
4.3 SR 166 ME
The CONSULTANT shall prepare plans, specifications, and cost estimates for the
reconstruction of SR 166 and adjoining side streets.
Sheet scale for full civil drawings will be 1:20, unless additional detail or clarity is
needed.
Submittals shall be electronic. Advanced Utility Relocation work shall be shown in
another PS&E package.
Deliverable(s):
1. 60%, 90%,100%, Final, and Ad -Ready PS&E packages.
4.3.1 General Plans
The CONSULTANT shall develop and update a cover sheet and drawings index. The
CONSULTANT shall document general notes, abbreviations, and symbols.
General plans shall include survey control drawings produced in other tasks.
Deliverable(s):
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1. Cover sheet.
2. General notes and legend sheet.
3. Survey control sheets (within all submittals)
4.3.2 Site Prep/TESC
The CONSULTANT shall identify demolition activities, including items to be
abandoned, salvaged, recycled, or removed, and facilities that need to be protected
during construction. Demolition plans shall include surface feature items, such as
pavements by type, sidewalk, curbs, walls, building structures and foundations, and
miscellaneous structures. Demolition required for utilities, drainage features, signing,
striping, signalization, and illumination shall not be included in these drawings and
shall be shown on the relevant discipline drawings.
Temporary erosion and sediment control plans shall be shown on the Site Preparation
Plans or as a stand-alone set depending on the Consultant's opinion on plan clarity.
Deliverable(s):
1. Site Preparation/TESC.
4.3.3 Roadway/ROW Plans
The CONSULTANT shall produce roadway plans, alignment control drawings and
Right of Way Plans. The alignment control drawings and right of way plans may be
combined into a single set at the option of the CONSULTANT.
Plan sheets and profile sheets may be on separate plan sheets.
Alternative methods of showing vertical control information, such spot elevation
grading details or curb profiles, may be used in place of traditional vertical profile plans
with super elevation tables if it simplifies the design and construction effort.
Up to twenty curb ramps will be designed by the CONSULTANT.
Assumption(s):
Pavement sections depths for inclusion into the project shall be provided to the
CONSULTANT by the City.
Deliverable(s):
1. Horizontal Alignment/ROW Plans and Vertical Profile or Vertical Control Plans.
2. Paving Plans and Typical Sections Plans.
3. Driveway Plans and Paving Details.
4. Intersection Plans and Ramp Details.
4.3.4 Channelization and Signage Plans
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The CONSULTANT shall develop a channelization and signage plans for the project.
Wayfinding shall be included within this plan set.
Assumption(s):
1. City roadway signage within the corridor shall be replaced.
2. Other agency or private signage will be reused unless otherwise provided by
their respective owner(s).
Deliverable(s):
1. Channelization and Signage Plans.
4.3.5 Construction Phasing Plans
The CONSULTANT shall develop Construction Phasing Plans for the project to confirm
feasibility of construction. Construction Phasing Plans shall identify high-level traffic
phasing approach, such as detours and contractual access requirements.
Assumption(s):
1. The Contractor shall produce Traffic Control Plans for review by the City.
2. City shall provide MUTCD edition or City criteria for use by the CONSULTANT.
Deliverable(s):
1. Construction Phasing Plans.
4.3.6 Stormwater Plans
The CONSULTANT shall perform an engineering analysis and design a stormwater
system within the project limits to meet current stormwater requirements. The
drawings shall show removals and abandonment of existing stormwater features by the
project.
Assumption(s):
1. Stormwater design will meet the requirements of the City of Port Orchard
(COPO) Municipal Code 20.150 and the COPO 2023 Stormwater Management
Program Plan (SWMP) contained in chapters 7-12, and the 2019 Stormwater
Management Manual for Western Washington (SWMMWW).
2. Conveyance design will only include stormwater systems within the limits of the
project. The CONSULTANT will review the recently completed Downtown
Basin Stormwater Plan, date December 16, 2002, and incorporate
recommendations for downtown stormwater improvements if feasible and
under advisement from the City.
3. Flow control and water quality treatment may be included in the project. The
stormwater requirements for the project new plus replaced hard surface will be
evaluated by the CONSULTANT.
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Infiltration will be evaluated, under the recommendation for feasibility provided by the
CONSULTANT Geotechnical Engineer based on the on -site soil investigations and
Report.
Deliverable(s):
1. Stormwater plans, profiles, and details.
4.3.7 Engineer's Estimate and Project Specifications
The CONSULTANT shall deliver an opinion of cost using the standard of care of the
profession for construction costs at all milestones broken out into funding categories as
direct by the City. The estimate shall be submitted in Microsoft Excel (XLSX) format and
shall include a basis of estimate, documenting key assumptions and cost estimating
methodology.
Basis of estimate shall be limited to an executive summary of four pages maximum, with
supporting appendix material as needed.
Quantity backup shall be submitted for City review in leu of quantity tabulation
summary sheets within the PS&E Package submittals.
The CONSULTANT shall deliver a project manual and technical specifications for the
project per WSDOT/APWA standard specifications using City Standards.
Assumption(s):
City shall confirm appropriate contingency factors to account for project
uncertainties that cannot be explicitly accounted for at the project's various
engineering stages. Risks that have been identified shall be listed along with
potential cost and schedule impacts.
2. All "soft costs' to be included within the cost estimate, such as City -procured
items, and City self -preformed work will be provided to the CONSULTANT two
weeks before the estimate due date.
3. City shall provide direction on what edition of WSDOT Standard Specifications
to use in project manuals developed by the CONSULTANT
Deliverable(s):
1. Estimate submittals at 30%, 60%, 90%, Final and Ad -Ready milestones.
2. 60 % Specification Outline
3. Project Manual at the 90%, Final and Ad -Ready submittals.
4.4 Quality Management
The CONSULTANT shall prepare a quality management plan, and conduct thorough
quality reviews and checks for each submittal. This task covers senior reviews of major
work deliverables, including the concept design work. The project quality manager
shall be responsible for ensuring that they are completed and documented. Such
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reviews shall be performed after deliverables are assembled and before their submittal
to the City.
Quality Management efforts and reviews shall encompass the work performed by the
CONSULTANT and its SUBCONSULTANTS. Routine checking of calculations, plan
sheets, and other work, done as peer review on the various discipline items, is included
in the scope of the individual task.
Consultant shall provide Comment Responses and verification of action taken with
major milestone submittals.
Deliverable(s):
1. Quality Records (electronic PDF).
2. Submittal comment responses with notes of action taken and responses.
4.5 Stormwater Report
The CONSULTANT shall prepare a draft Stormwater Report that evaluates the Project
for compliance with the City Stormwater Requirements. The draft stormwater report
shall include the following:
1. Project description.
2. Project site basin and sub -basin delineation.
3. Quantify land cover changes created by the project including new and replaced
impervious surfaces.
4. Determine stormwater minimum requirements applicable to project.
5. Proposed stormwater system and associated design criteria, calculations, and
assumptions.
6. Figures to include but not limited to project vicinity maps and drainage basin
delineation maps.
7. Appendix to include emails, meeting minutes, etc. that document drainage
direction from City.
The focus of the report shall be technical and the narrative is expected to be brief,
utilizing tables, maps, schematic sketches/details, and bullets whenever possible. The
draft stormwater report shall be turned in after the 30% submittal milestone.
Upon receiving City comments, the CONSULTANT shall formally reply to received
comments via written response. A final report shall be produced and submitted to the
City with the 90 % plan set.
Deliverable(s):
1. Draft and Final stormwater report.
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2. Draft stormwater report comment responses.
4.6 Bid Support Services
The CONSULTANT shall support the City during the bidding period as needed.
Support may include addressing bidding questions, addendum production, and
evaluation of bid results for up to 40 CONSULTANT hours.
Deliverable(s):
1. Deliverables as requested by the City.
Task 5: Utility Relocation PS&E
Due to the Federal funding on the project, and the anticipated permit review period for
the SR166 roadway reconstruction design, an early utility/undergrounding design
package will be prepared in coordination with the roadway project but delivered as a
stand-alone design package. The utility construction and undergrounding within the
project limits will potentially be bid and constructed ahead of the SR166 project in
calendar year 2024. Scope of utility work shall be determined in coordination with the
City, but is assumed to include undergrounded power and domestic water connection to
a Kitsap Bank development in 2025.
5.1 Utility Basis of Design
The CONSULTANT shall prepare a utility basis of design documenting design
decisions, standards, and guidelines used in the design work and key assumptions in
coordination with the City.
5.2 Utility Relocation Coordination
The Consultant shall support City coordination on 3rd party utility relocation. The
CONSULTANT shall develop relocation exhibits, coordinate relation plans, evaluate
alternatives and track 3rd party utility relocation progress.
Assumption(s):
1. City will provide a list of utility provider names, contact person, and phone
number for each utility that is within the project limits which may be impacted
by the project improvements.
2. City shall lead all communications with all utilities within this corridor.
3. With the exception of the City owned utilities, all overhead existing utilities and
underground franchise utilities in the corridor are under a franchise agreement.
Relocation costs will not be borne by the project or the CONSULTANT.
4. The City will provide, generate, and/or process any required agrees required to
be prepared with the utility company.
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5. All existing utility poles within the project vicinity require evaluation for future
Publicly Accessible Route (PAR) needs and 15 existing poles will be relocated for
the project.
6. Four Utility Relocation meetings and 20 pdf exhibits will be needed.
Deliverable(s):
1. Utility Relocation Exhibits.
2. Coordination Tracking
5.3 Utility Concept Design
The CONSULANT shall develop a 30% level utility concept design for the corridor, and
provide a recommendation for delivery to the City. The concept design phase shall:
1. Identify utility infrastructure scope, design challenges and solutions.
2. Identify potential utility impacts and necessary utility relocation alignments and
undergrounding.
3. Identify 3rd party utilities requiring relocation.
Drainage infrastructure improvements will include flood mitigation treatments,
including a potential tide gate installation.
The design team shall develop a 30% level plan set plot identifying recommended
project elements to move into final design.
A workshop shall be held with the design team and the City to review the
recommended project elements and phasing.
A planning -level utility work cost estimate shall be developed for utility relocation and
installation work.
Known 3rd party utility relocations to be done by others will be noted in the plans.
Deliverable(s):
1. 30% Concept Utility Design Plans.
2. 30% Concept level Utility cost estimate technical memo.
5.4 Early Utility Relocation ME
The CONSULTANT shall prepare plans, specifications, and cost estimates for Early
Utility Relocation work to be contracted through the City. Early Utility Relocation shall
occur one year before the full SR 166 reconstruction project enters construction.
Submittals shall be electronic and full civil drawings will be 1:20, unless additional detail
or clarity is needed.
PS&E set shall include water utility work, 3rd party utility relocates, PSE duct bank
construction to underground power service, sewer utility work and stormwater work
the City wishes to advance into an early construction package.
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3rd party relocations done by others will be noted in the plans.
Assumption(s):
PSE will self -deliver electrical systems installation into duct banks and vaults
constructed by the City.
2. PSE will be responsible for customer service connections, reconnections and shut
offs/ transfers.
Deliverable(s):
1. 60%, 90%,100%, Final, and Ad -Ready Utility PS&E packages.
Task 6: Early Utility Relocation
Environmental Services
6.1 Cultural Resource Services
The CONSULTANT will prepare a cultural resources assessment and Inadvertent
Discovery Plan (IDP) for the early utility relocation work utilizing findings from the Bay
Street Pathway West situational study cultural resource literature review, as feasible,
with supplemental research for areas outside the previous study area and incorporating
an additional recorded resources since preparation of the Bay Street Pathway West
literature review. This task will also include a subsurface archaeological survey,
required public utility locate coordination, and a technical report. The following will be
addressed:
Background research: The CONSULTANT will conduct a search on Washington
Department of Archaeology and Historic Preservations (DAHP) WISAARD
system to identify recorded historic built environment, historic register listed
properties, archaeological sites, cemeteries, and previously completed cultural
resources assessment within a 1-mile radius "Study Area' of the project location.
The CONSULTANT will send a request via emailed letter to the Suquamish
Tribe for any tribal knowledge of the area that the Tribe may wish to share with
the City and have incorporated into the report. The CONSULTANT will review
pertinent environmental, archaeological, ethnographic, and historical
information appropriate to the project location from a variety of available
resources. The CLIENT will provide the CONSULTANT with any existing
geotechnical exploration data and relevant documentation of current subsurface
conditions or modifications known to be present within the proposed project
footprint, if available.
2. Archaeological survey: The CONSULTANT will conduct a surface and
subsurface archaeological survey of the project area to identify any unrecorded
archaeological resources that may be present. This task includes filing a state -
required public utility locate prior to digging. Up to ten shovel probes will be
conducted, to a target depth of 1 meter or less should glacial deposits be
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encountered, and screened through 1/4-inch mesh. Cursory review of
archaeological predictive modelling, managed by DAHP, indicates the project is
in an area considered very high risk for containing archaeological resources.
3. Cultural Resources Assessment Report: The CONSULTANT will prepare a
technical report describing background research, survey findings, and
management recommendations. The report will provide supporting
documentation of findings, including maps and photographs, and will conform
to DAHP reporting standards. Report and support materials will be provided
electronically in PDF format. This task includes one round of consolidated
comments from the client prior to the submission of the final report to DAHP.
The CONSULTANT will assist the client in submitting the report DAHP, via
their WISAARD system.
4. CONSULTANT shall prepare an Inadvertent Discovery Plan (IDP) for the City to
use during Project implementation.
Should this task occur simultaneously with Task 7.1, which is a separate project area and
a federal undertaking with WSDOT as lead agency, the CONSULTANT will assist the
City in discussing with WSDOT the feasibility and appropriateness of conducting the
Task 6.1 archaeological survey as part of Task 7.1 survey work.
Assumption(s):
1. The Early Utility Relocation work is not receiving any state funding or federal
funding, permits, or approvals and is not subject to compliance with the National
Historic Preservation Act or Washington State Executive Order 21-02. Should
this change, an amendment will be necessary to follow the requirements of the
applicable regulation.
2. No meetings with clients and/or stakeholders will be required.
3. The CONSULTANT assumes the project boundaries will be consistent with those
at the time of this scope (including Tugboat Alley). Should boundaries change,
an amendment may be necessary.
4. CONSULTANT will conduct a surface survey of the entire Tugboat Alley project
area and a subsurface survey of the portions not occupied by road infrastructure,
marked utilities, or prohibitive conditions, such as slopes in excess of 10% or
active water channels. The coverage of the subsurface archaeological survey will
be based on the anticipated footprint of project disturbance and the results of the
surface survey and utility locate. It is assumed that the subsurface survey will be
conducted using up to 10 hand -dug shovel probes advanced to: 1) 3 feet (-1
meter), 2) until glacial deposits are encountered, or 3) until impassable
conditions (whichever occurs first). Probes will be excavated opportunistically
within the proposed disturbance footprint. Spoils will be screened through 1/4--
inch hardware mesh. A hand auger may be used to extend the shovel probes to a
greater depth to determine the potential for deeply buried archaeological
deposits where soils other than glacial material are identified. Probes will be
photographed, and their locations recorded using GPS. Probes will be backfilled
immediately upon termination. Information gathered during this task will be
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incorporated into the Cultural Resources Assessment report. This task includes
filing a public utility locate per State law.
5. No archaeological sites or isolates will be identified during the survey. If
archaeological sites or isolates are identified, an amendment will be necessary.
6. No human remains will be encountered. If human remains are identified, the
CONSULTANT will immediately notify the City.
7. The CONSULTANT assumes no historic properties (built environment resources
50 years or older) will be identified and documented on DAHP historic property
inventory forms. If identified and documentation is requested by the City, an
amendment will be necessary.
8. The CONSULTANT will not conduct survey in areas containing hazardous
materials, such as industrial or human waste, or in areas occupied by individuals
other than the landowner or their designee.
Fieldwork may be delayed or impacted by natural events, such as fire, smoke,
flood, or snow.
Deliverable(s):
1. Draft and Final Cultural Resources Assessment Report provided electronically.
2. Draft and Final Inadvertent Discovery Plan (IDP) provided electronically.
6.2 SEPA Documents
The CONSULTANT will prepare formal documentation for a project Categorical
Exemption with respect to the State Environmental Policy Act (SEPA). The proposed
project is anticipated to meet a Categorical Exemption (WAC 197-11-800 adoption by
reference) under SMC 20.160.080.
Assumption(s):
1. The City shall be the lead agency and concur with the SEPA exemption rationale.
2. No new background studies will be prepared for this task.
Deliverable(s):
1. SEPA Exemption Letter (electronic draft and final)
6.3 Permitting Support
The CONSULTANT will prepare City of Port Orchard applications for the early utility
relocation project to meet City Land Use permitting requirements triggered by the
proposed work. The CONSULTANT will research site -specific permit requirements that
will be summarized in a Permit Matrix, in consultation with the project team and the
City of Port Orchard.
The CONSULTANT will coordinate compiling information for each permit application,
reviewing applicable municipal code, monitoring each application through permit
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issuance, assist with coordination of addressing comments and resubmitting, and
attending any pre -application meetings for the following permits:
1. Master Application Form
2. Floodplain Development Permit Application
3. Critical Areas Exception (Type III) with a Critical Areas Report
4. Shoreline Permit Exemption
5. Major Land Disturbing Activity Permit
6. Hydraulic Project Approval (due to a tide gate installation)
Assumption(s)•
1. City permitting fees will be waived or reimbursed by City funds outside the
Consultant fee.
2. The City shall submit permits.
3. City will concur a Stormwater Drainage permit is not required due to utility
work as noted in POMC 20.140.070 (2).
4. The City shall provide the contractor permits for the following:
NPDES permit for Construction
5. The permitting efforts will not require a hydrogeological report as defined in
Table 20.162.086 of POMC20.162.
6. The following types of permits or approvals are not anticipated at this time,
and are therefore not included in this scope:
■ Corps of Engineers, Section 10 or 404
■ Coastal Zone Management Certification
■ State Waste Discharge Permit
■ Section 401 Water Quality Permit
7. The floodplain development application and report development will be
based on a review of available data and information. Hydrologic and
hydraulic analysis, hydraulic modeling, and no rise analysis are not included,
as the project is not within an identified floodway and therefore not
anticipated to be required.
8. One round of review of permit applications is included in this scope.
9. Information and data needed for permit applications (e.g., design plans,
grading volumes) will be provided by others or completed as part of other
tasks.
Deliverable(s):
1. Permit matrix
2. Draft and Final permit applications.
3. Critical Areas Report for Wetlands and Fish and Wildlife Habitat
Conservation Areas
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Task 7: SR 166 Environmental Services
7.1 Cultural Resource Services
The CONSULTANT will assist the City with National Historic Preservation Act
(hereafter Section 106) compliance for the SR 166 project, which is a separate federal
undertaking with WSDOT as lead federal agency. This will include preparing a cultural
resources assessment specific to the SR 166 construction work's Area of Potential Effects
(APE). The report will utilize findings from the Bay Street Pathway West situational
study cultural resource literature review and cultural resources assessment completed
for the Early Utility Relocation cultural resources review, as feasible. The
CONSULTANT will conduct archaeological survey specific to the APE, prepare a
required technical report, and a Monitoring and Inadvertent Discovery Plan (MIDP).
The following will be addressed:
Regulatory coordination: The CONSULTANT will assist in the initiation of the
Section 106 consultation process by preparing a draft Area of Potential Effects
(APE) map and letter. The letter will include the proposed field investigation
methodology. After one set of consolidated comments are received from the
CLIENT and the PROPONENT, the CONSULTANT will prepare a Revised Draft
for submittal to the AGENCY by the PROPONENT. The correspondence will be
submitted to the AGENCY by the PROPONENT. The AGENCY will submit the
correspondence to the Washington State Department of Archaeology and
Historic Preservation (DAHP) and potentially affected Tribes to initiate
consultation and define the APE for the project pursuant to 36 CFR 800.4(a)(1).
Following the City's submittal of Section 106 consultation initiation and APE
definition request letter to the AGENCY, consulting parties will have a 30-day
period to provide feedback, comment, or request additional information.
2. Background research: The CONSULTANT will conduct supplemental research
on Washington Department of Archaeology and Historic Preservation's (DAHP)
WISAARD system to identify recorded historic built environment, historic
register listed properties, archaeological sites, cemeteries, and previously
completed cultural resources assessment within a 1-mile radius "Study Area" of
the project location. The CONSULTANT will review relevant correspondence
between the project proponent, stakeholders, and DAHP. The CONSULTANT
will send a request via emailed letter to the Suquamish Tribe for any tribal
knowledge of the area that the Tribe may wish to share with the City and have
incorporated into the report. The CONSULTANT will review pertinent
environmental, archaeological, ethnographic, and historical information
appropriate to the project location from a variety of available resources. The
CLIENT will provide the CONSULTANT with any existing geotechnical
exploration data and relevant documentation of current subsurface conditions or
modifications known to be present within the proposed project footprint, if
available. Background research will build upon the existing draft cultural
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resources literature review previously prepared by ESA for the Bay Street Trail
Project (Hannah et al. 2023).
3. Surface Survey: The CONSULTANT will conduct a pedestrian (surface) survey
of the project APE to document existing conditions. Cursory review of
archaeological predictive modelling, managed by DAHP, indicates the project is
in an area considered very high risk for containing archaeological resources. As
such, the field survey will be conducted in order to understand the extent of
prior disturbance; to assess the landform for its archaeological potential; and to
identify suitable locations for standard archaeological subsurface survey
investigation, if such areas are present. Areas suitable for subsurface
investigation will be investigated on a follow-up visit after state -required public
utility locates have been filed..
4. Cultural Resources Assessment report: The CONSULTANT will prepare a
technical report describing background research, field methods, results of
investigations, and management recommendations. The report will provide
supporting documentation of findings, including maps and photographs, and
will conform to DAHP reporting standards and the appropriate requirements
based on Section 106 requirements. Report and support materials will be
provided electronically in PDF format. This task includes one Draft Report for
client review, one Revised Draft Report for AGENCY review, and one Final
Report for submission to DAHP. The CONSULTANT will assist the client and
AGENCY in submitting the Final Report and any associated documentation to
DAHP, via their WISAARD system.
5. Subsurface Survey: The CONSULTANT will conduct a subsurface survey of the
portions of the project APE not occupied by road infrastructure, utilities, or
prohibitive conditions, such as slopes in excess of 10% or active water channels.
The coverage of the subsurface archaeological survey will be based on the
anticipated footprint of project disturbance, and the results of the surface survey.
It is assumed that the subsurface survey will be conducted using up to 10 hand -
dug shovel probes advanced to: 1) 3 feet (-1 meter), 2) until glacial deposits are
encountered, or 3) until impassable conditions (whichever occurs first). Machine
Testing may be used in lue of hand shovel work. Probes will be excavated
opportunistically within the proposed disturbance footprint. Spoils will be
screened through 1/4--inch hardware mesh. A hand auger may be used to extend
the shovel probes to a greater depth to determine the potential for deeply buried
archaeological deposits where soils other than glacial material are identified.
Probes will be photographed, and their locations recorded using GPS. Probes
will be backfilled immediately upon termination. Information gathered during
this task will be incorporated into the Cultural Resources Assessment report.
This task includes filing a public utility locate per State law.
6. Based on the high probability of the project to encounter archaeological
materials, the CONSUTLANT will prepare an Archaeological Resources
Monitoring and Inadvertent Discovery Plan (MIDP) for the project, meeting
regulatory requirements.
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Assumption(s):
1. The City will provide the CONSULTANT with all regulatory correspondence
they have received regarding cultural resources.
2. No meetings with clients and/or stakeholders will be required.
3. The CONSULTANT will not conduct survey in areas containing hazardous
materials, such as industrial or human waste, or in areas occupied by individuals
other than the landowner or their designee.
4. The CONSULTANT assumes the project conditions and boundaries will be
consistent with those at the time of this scope. Should conditions or boundaries
change, an amendment may be necessary.
5. The CONSULTANT assumes no historic properties requisite of formal
documentation will be identified within the project location during the field
reconnaissance. If such historic properties are identified as a result of the field
reconnaissance, an amendment will be necessary.
6. Prior to conducting the subsurface survey, the CLIENT will provide notice to
Section 106 consulting parties. Subsurface survey will be conducted by a team of
2 staff working up to 210-hour days, including travel time.
7. No archaeological sites or isolates will be identified during the survey. If
archaeological sites or isolates are identified, an amendment will be necessary.
8. No human remains will be encountered. If human remains are identified during
the Field Survey, the CONSULTANT will immediately notify the City and
AGENCY.
9. Fieldwork may be delayed or impacted by natural events, such as fire, smoke,
flood, or snow.
Deliverable(s):
Draft and Final Section 106 consultation initiation and APE definition request
letter (Word format).
2. Draft and Final Cultural Resources Assessment report provided electronically.
3. Draft and Final Archaeological Resources Monitoring and Inadvertent Discovery
Plan (MIDP).
7.2 NEPA Documentation
The CONSULTANT will prepare documentation for project compliance with the
National Environmental Protection Act (NEPA) and applicable regulations and laws.
The Consultant shall provide multi -disciplinary expertise and personnel to support a
Documented Categorical Exclusion (anticipated). WSDOT Local Programs (LP) will
serve as the NEPA lead agency. It is assumed the City has adopted "WAC 197-11610,
Use of NEPA Documents" to support a determination of nonsignificance; therefore, a
separate SEPA checklist is not expected to be required. The Consultant shall provide the
following:
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Coordination with the City's environmental lead to address and respond to
project team questions, keep the project team informed of the project status, and
identify potential environmental issues. Coordination with the City's
environmental lead shall include emails, phone calls, and online or in -person
meetings.
2. Attendance at a NEPA Kick-off Meeting with WSDOT Local Programs
environmental staff.
3. Evaluation of potential impacts in and near the project sites and document in
WSDOT LP's NEPA Categorial Exclusion form.
4. Analysis and research for a Floodplain Discipline Memo
5. Analysis and research for a Biological Assessment
Assumption(s)•
1. It is assumed that WSDOT NEPA Categorical Exclusion form is the appropriate
level of documentation to comply with NEPA for this project.
2. Any mailing list distributions, the distribution of hard copies, and/or CDs will
be provided by the City.
3. No background or technical reports will be prepared other than the Floodplain
Discipline Memo and Biological Assessment.
4. City shall utilize NEPA approval to satisfy any SEPA permitting.
Deliverable(s):
WSDOT Local Programs NEPA Categorical Exclusion Documentation form
(draft and final)
2. Floodplain Discipline Memo (draft and final) per WSDOT's Guidebook for Local
Agencies
3. Biological Assessment per WSDOT's Guidebook for Local Agencies
For all reports there will be a draft, final, with 1 review from WSDOT and 1 review from
the City; all comments from agencies will be consolidated before sending to Consultant)
Electronic copies of the internal review drafts in Word with figures in PDF. Final files in
PDF.
7.3 Permitting Support
The CONSULTANT will prepare City of Port Orchard applications for the SR166 project
to meet City Land Use permitting requirements triggered by the proposed work. The
CONSULTANT will research site -specific permit requirements that will be summarized
in a Permit Matrix, in consultation with the project team and the City of Port Orchard.
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The CONSULTANT will coordinate compiling information for each permit application,
reviewing applicable municipal code, monitoring each application through permit
issuance, assist with coordination of addressing comments and resubmitting, and
attending any pre -application meetings for the following permits:
1. Master Application Form
2. Floodplain Development Permit Application
3. Critical Areas Exception (Type III) with a Critical Areas Report
4. Shoreline Substantial Development Permit
5. Major Land Disturbing Activity Permit
6. Stormwater Drainage Permit
Assumption(s)•
1. City permitting fees will be waived or reimbursed by City funds outside the
Consultant fee.
2. The City shall submit permits.
3. The City shall provide the contractor permits for the following:
0 NPDES permit for Construction.
4. The permitting efforts will not require a hydrogeological report as defined in
Table 20.162.086 of POMC20.162.
5. The following types of permits or approvals are not anticipated at this time,
and are therefore not included in this scope:
■ Corps of Engineers, Section 10 or 404
■ Coastal Zone Management Certification
■ Hydraulic Project Approval
■ State Waste Discharge Permit
■ Section 401 Water Quality Permit
6. The floodplain development application and report development will be
based on a review of available data and information. Hydrologic and
hydraulic analysis, hydraulic modeling, and no rise analysis are not included,
as the project is not within an identified floodway and therefore not
anticipated to be required.
7. One round of review of permit applications is included in this scope.
8. Information and data needed for permit applications (e.g., design plans,
grading volumes) will be provided by others or completed as part of other
tasks.
Deliverable(s):
1. Draft and Final permit applications.
2. Critical Areas Report for Wetlands and Fish and Wildlife Habitat
Conservation Areas
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3. Biological Assessment
Task 8: Geotech and Soil Evaluation Services
8.1 Geotechnical Services
The CONSULTANT shall evaluate the existing geotechnical conditions within the
corridor and execute an exploration plan to support the project's design efforts. Key
tasks include:
1. Review of available geotechnical data and identification of known issues.
2. Perform a geotechnical site reconnaissance.
Develop a Subsurface Exploration Work Plan to be completed before the 30%
design milestone. The Consultant will prepare a Subsurface Exploration Plan
memoranda for the proposed exploration program. The work plan will be
submitted to the City for review and approval. The work plan will detail the
type, location, and extent (depth, sampling interval, in -situ testing, and
instrumentation installation) of proposed field explorations along with logistics
necessary to perform the work. The work plans will also be used for utility
locating clearances and for permitting that may be necessary to access the
exploration locations.
4. Coordinate public and private utility locates for planned areas of exploration.
5. Plan and execute a field exploration program to develop recommendations for
luminaire foundation design, retaining wall design, and infiltration feasibility at
three (3) drilled borehole locations; completed to a depth of up to 30 feet below
ground surface (bgs). One (1) groundwater monitoring well will be installed at a
selected boring location upon completion of the exploration. The results of
laboratory testing on selected soil samples will be used to assess infiltration
feasibility. If infiltration potential is considered feasible, the Consultant shall
recommend Pilot Infiltration Testing (PIT) to the City.
6. Perform environmental soil and groundwater testing from geotechnical borehole
locations to evaluate potential contamination from gasoline, diesel, and oil -range
total petroleum hydrocarbons, benzene, and lead. Test results shall be
communicated to the City and included within geotechnical testing reports.
7. Based the proposed locations of the geotechnical borings and review of
Washington State Department of Ecology (Ecology) documents available online
for the property where the proposed borings are to be located, potential
contaminants of concern (PCOC) that could be encountered during drilling
include total petroleum hydrocarbons, volatile organic compounds (VOCs), and
metals. During drilling of the geotechnical borings, The Consultant shall field
screen soils for organic vapors by headspace analysis using a photoionization
detector (PID), a water sheen test, and visual and olfactory methods (i.e., stained
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or discolored soils and/or adverse odors). One environmental soil sample will
be collected from each of the geotechnical borings. Groundwater samples will
be collected from two of the boring locations via temporary wells installed
during drilling activities. The geotechnical boring that is completed as a
monitoring well will be developed by the drillers after the construction of the
well has been completed. A separate site visit will be conducted the day after to
one week of the well development to collect a groundwater sample from this
permanent well. All soil and groundwater samples will be collected following
regulatory agency standard operating procedures. Soil and groundwater
samples collected will be submitted to the chemical laboratory for standard
turnaround time analysis (7 to 10 business days) of the following PCOC:
a. Petroleum hydrocarbons - diesel, oil via Ecology test method NWTPH-
Dx,
b. Petroleum hydrocarbons - gasoline via Ecology test method NWTPH-Gx,
c. VOCs via EPA test method EPA 8260D, and
d. RCRA 8 Metals (Ag, As, Ba, Cd, Cr, Hg, Pb & Se) via Environmental
Protection Agency (EPA) test method EPA # 6010/ 7000.
Based on initial analytical results, select soil samples may also be analyzed for
the following:
e. Hexavalent chromium via EPA test method 7196A
f. Toxicity Characteristic Leaching Procedure (TCLP) via EPA test method
1311/1312.
8. Perform laboratory testing of geotechnical samples including moisture content,
grain -size distribution, and Atterberg Limits. Testing will be performed in
general accordance with the following laboratory schedule:
TEST ID
ASTM
QTY
Method
Water
D2216
6
Content
Atterberg
D4318
3
Limits
Particle Size
D6913
6
Analysis
Hydrometer
D7928
3
California
D1883
1
Bearing Ratio
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Place investigation derived waste (IDW) including soil cuttings, purged
groundwater, and decontamination water from the borings in steel 55-gallon
drums. These IDW drums will be stored onsite, or at an adjacent location as
directed by the City, pending chemical analysis. Once laboratory results for the
environmental samples are obtained, the CONSULTANT will coordinate the
disposal of drummed IDW utilizing a waste disposal subcontractor after the
waste profile documentation required for disposal of the IDW has been signed
by the property owner or a City representative.
10. Evaluate drilled borehole and laboratory data.
11. Evaluate potential roadway settlement issues on SR 166 and provide mitigation
recommendations, if warranted.
12. Evaluate environmental conditions of the areas investigated and provide:
a. Written specifications for excavation and handling of contaminated soils
and groundwater that may be encountered during construction,
b. Engineering cost estimates for addressing contaminated soils,
13. Prepare a draft Geotechnical Engineering Report with geotechnical
recommendations for new luminaire foundations, over -excavation, roadway
stabilization treatments and infiltration feasibility. Recommendations for
geoenvironmental considerations (e.g., infiltration feasibility, construction
considerations, health and safety, etc.) will also be included in the Geotechnical
Engineering report.
14. Respond to draft Geotechnical Engineering Report Comments.
15. Prepare a Final Geotechnical Engineering Report near the 90% milestone.
Following submittal of the draft geotechnical report, all soil samples will be disposed. If
contaminated soils are identified from environmental laboratory analysis of soil
samples, geotechnical soil samples will be returned to the City for disposal.
All field work including site reconnaissance, utility locates, drilling, and groundwater
monitoring will be accomplished during normal daylight workdays and hours, with at
least a minimum 8 hours available per day.
Assumption(s):
1. City staff shall identify locations with known potential soil infiltration.
2. Field Exploration Work Plan will be reviewed by the City.
3. Retaining walls are assumed to consist of block walls or structural earth walls
with heights of no more than 4 feet.
4. The geotechnical explorations proposed herein will NOT be used to assess site
environmental conditions of the entire project area (i.e., no environmental
assessment of areas not sampled). Geoenvironmental considerations will be
based on the results of the sampling conducted from the geotechnical boring
locations only.
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5. All IDW waste profile documentation must be signed by a property owner or
City representative. Estimated labor and subcontractor costs for IDW disposal
are for non -hazardous waste IDW disposal. If analytical results indicate
hazardous wastes are present, IDW disposal may require disposal as a
hazardous waste at a Subtitle C landfill, which may incur additional labor and
subcontracting costs.
6. The project contractor shall
a. Decommission monitoring wells installed by the Consultant.
b. Design any project dewatering systems.
7. Boring locations will be accessible by truck- or truck -mounted drill rigs and
boring locations will be located using handheld GPS and measurement from
existing know features.
Utility locates via the One -Call Utility Locate Center will be comprehensive and
accurate enough to allow reliable and safe location of borings. Vacuum extraction
of borings is not included. CONSULTANT will not be held liable for damage to
utilities or other underground structures not defined by the utility locate
services.
Deliverable(s):
Subsurface Explorations Plan which includes a site specific health and safety
plan (PDF format).
2. Draft and Final Geotechnical Engineering Reports (PDF format).
8.2 Hazardous Materials Review
The CONSULTANT shall provide planning level environmental strategy support for the
program with a moderate -level environmental hazardous materials risk -evaluation of
the project vicinity not already evaluated within work produced in the Bay Street West
Situational Study Hazardous materials investigation to identify and evaluate the
potential presence of subsurface contaminants that may be encountered during the
various stages of project development and construction.
Results of the hazardous materials environmental assessment shall be presented in a
technical memo. The memo shall include the following:
Obtain and review readily accessible environmental records for the project
corridor and adjacent properties. The search includes the project corridor and
other properties within an eighth of a mile to a mile radius from the Project Area,
based on type of regulatory database listing, WSDOT guidance, and ASTM
standards.
• Obtain and review historical aerial photographs, topographic maps, and Sanborn
Fire Insurance maps for the project vicinity, and city directories for the streets
included in the project corridor itself.
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Review existing technical documents and reports available from Ecology and
EPA, or as provided by the City or KPFF, concerning previous environmental
investigations for the project site and/or adjacent properties.
Conduct a visual reconnaissance of the project site to observe current land uses
and activities pertaining to the potential for subsurface contaminants to
adversely impact the project site. If there are properties being considered for
right-of-way acquisition, these will be included as part of the visual
reconnaissance. However, the reconnaissance will be limited to features readily
observed from public access corridors and shall not include entering private
properties or viewing conditions within buildings. The site reconnaissance will
include noting the presence and approximate locations of environmental
conditions or associated physical features identified during the environmental
records review.
Evaluate the resulting data with respect to potential impacts of subsurface
contaminants on development, construction, and potential property acquisitions
of the corridor project.
Prepare a technical memorandum in accordance with the local agency and
WSDOT requirements for a "mid -level" hazardous materials environmental
assessment.
Assumption(s):
1. Hazardous materials environmental assessments are not considered to be a
Phase I Environmental Site Assessment (ESA) that adheres to the American
Society for Testing and Materials (ASTM) standards. If the hazardous materials
environmental assessment reveals issues that could impact the project site, more
detailed investigations, which may include Phase I ESAs or Phase I1 ESAs, may
be recommended.
2. The hazardous materials technical memo will not include assessment of existing
conditions for environmental resources such as: cultural and built environment
historic resources, land use, natural resources and critical areas, sensitive
receptors for air quality and noise, parks and recreation areas, visual resources,
Tribal Boundaries, Tribal owned parcels along the corridor, and/or general
demographic information.
3. The site reconnaissance conducted will be limited to features readily observed
from public access corridors, and shall not include entering private properties or
viewing conditions within buildings (i.e., "windshield survey").
4. The hazardous materials technical assessment shall be an internal planning
document for the City and will not be submitted to any state or federal agency.
5. One round of review of the hazardous materials environmental assessment will
be required.
Deliverable(s):
1. Draft and Final Hazardous Materials Assessment Technical Memo
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Task 9: Traffic and Illumination
9.1 Traffic Analysis
The CONSULTANT shall evaluate existing and future traffic operations within the
corridor and develop recommendations, if any, to improve safety and traffic operations.
The CONSULTANT shall conduct a speed study for the evaluation within the corridor.
The CONSULTANT shall review crash data analysis within the corridor.
The CONSULANT shall utilize available information from the Bay Street pathway West
Situational Study to support analysis efforts.
Consultant shall evaluate Rectangular Rapid Flashing Beacons (RRFB) installation
within the corridor and provide a recommendation for installation.
The CONSULTANT shall develop a draft and final traffic analysis evaluation report,
including an evaluation of mainline traffic speed reduction to 20 MPH within the
technical memo.
Assumption(s):
1. City and WSDOT shall provide traffic data and growth assumptions.
Deliverable(s):
1. Draft and Final Traffic Analysis Evaluation Report
9.2 Illumination Evaluation and Coordination
The CONSULTANT shall evaluate illumination within the corridor using applicable
WSDOT illumination analysis guidelines. The analysis will be completed using AGi 32
software.
The CONSULTANT shall develop a concept lighting plan for the corridor. A concept
design shall be produced with removals and abandonment of existing lighting elements
by the project and installation of all new lighting elements, including potential
pedestrian lighting elements. Consultant shall provide a planning level cost estimate for
the concept design.
Upon City acceptance of the concept design, the CONSUTANT will coordinate power
needs with applicable utilities, including service applications and confirmation of those.
CONSULTANT design effort is limited to ten street illumination pole installations, ten
pedestrian scale lighting fixtures/poles and five service applications.
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CONSULTANT shall develop foundation designs based on recommendations provided
by a geotechnical investigation and utilize WSDOT Standard Plan foundations if
feasible. CONSULTANT shall notify the City if WSDOT Standard Plan foundations are
not feasible based on geotechnical evaluation.
Assumption(s):
1. City shall provide lighting fixture information and illumination standards and
specifications.
2. Puget Sound Energy will be operator of the street light system and PSE
standards will apply to the project illumination.
Deliverable(s):
1. Lighting analysis memo with Light -level exhibits.
2. Concept illumination design and cost estimate
3. Utility Service Applications and Permits
9.3 Illumination ME
The CONSULTANT shall prepare illumination plans, specifications, and cost estimates
for the project. Lighting plans shall show franchise utility relocations by others.
Deliverable(s):
1. 60%, 90%,100%, Final, and Ad -Ready Light and Signal PS&E packages.
Task 10: WSDOT Coordination
10.1 WSDOT Coordination
The CONSULANT will assist the City with WSDOT coordination and completion of the
project approval process.
Support shall include coordination with WSDOT on future WSDOT project work
directly west of the project corridor. Up to five coordination meetings will be held
between the City, WSDOT and the CONSULTANT staff.
Assumption(s):
1. City of Port Orchard shall formally submit all project submittals, required by the
WSDOT Local Agency Guidelines directly to WSDOT.
Deliverable(s)
1. Meeting agendas, figures and meeting materials to support the coordination
effort between the City and WSDOT project, and meeting notes.
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10.2 WSDOT Channelization Plans for Approval (PFA)
The CONSULTANT shall prepare channelization plans for WSDOT review and
approval. Submittals shall be electronic and work will include up to three design
submittal iterations to WSDOT.
Channelization plans will follow WSDOT design standards and requirements as defined
in the WSDOT Design Manual and the LAG manual.
Consultant shall produce design documentation to support a mainline design speed of
20 miles per hour.
Assumption(s):
1. City shall review and provide any comments on Chan Plans for approval before
preliminary submittal to WSDOT
2. WSDOT and the City of Port Orchard will accept a mainline design speed of 20
miles per hour.
Deliverable(s):
1. Preliminary and Final Channelization Plans for approval.
Task 11: Landscape Architecture
11.1 Landscape Design
The CONSULTANT shall develop landscape design plans including:
• Planting plans
• Photo cut sheets for street trees, shrubs, and groundcover options.
• Coordination with and integration of Stormwater/LID design.
• Coordination with and integration of decorative street lighting.
• Permanent landscape irrigation plans.
• WSDOT special provisions for Planting, Irrigation, Site Furnishings, and
decorative pavement treatments.
Assumption(s):
1. The City shall provide information on preferred irrigation components.
Deliverables:
1. 60 %, 90 %, Final and Ad -Ready Documents
o Planting plans (1" = 20' full size - four sheets).
o Planting schedule, details, and notes (three sheets).
o Irrigation plans (1" = 20' full size - four sheets).
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o Irrigation schedule, details, and notes (two sheets).
o Special provisions & Cost Estimates
11.2 Urban Design
The CONSULTANT shall develop urban design plans and coordinate delivery with
other nearby projects including:
Urban design elements, including traffic calming options.
Urban design plans and enlargement details to include sidewalk paving patterns,
decorative raised intersection, finish treatments, and location of site furnishings.
Grading and adjustment to seat wall/planters for the Community Event Center.
Bay Street Pedestrian Path West implementation
Cost estimate development
r)P1 ivarahl ac-
1. 60%, 90%, Final and Ad -Read/ Documents:
o Urban design plans (1" = 20' full size - four sheets)
o Urban design schedule, paving enlargements, details, and notes (two sheets)
o WSDOT special provisions
Task 12: Real Estate Services
12.1 Preliminary Right -of -Way Services
The CONSULTANT shall prepare a ROW Funding Estimate for all impacted parcels
following at completion of concept design work.
The CONSULTANT shall utilize a third party appraisal specialist to develop right-of-way
appraisal information in compliance with WSDOT standards. CONSULTANT shall
prepare an AOS for acquisitions valued under $25,000.
All forms and documents shall comply with WSDOT standards and in accordance with
statutory requirements.
12.2 Temporary Construction Easements and Right of Entry
The CONSULTANT shall develop up to ten Temporary Construction Easements (TCE)
and up to 5 right of entry exhibits to support the project and shall be submitted to the City
near the 60 % Milestone for review and comment. Temporary Construction easements
are anticipated along the right of way limits for property conformance needs.
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12.3 Acquisition Services
CONSULTANT will assist the Agency in developing all right-of-way documents/offer
letters in accordance with the Agency's right-of-way procedures manual for acquisition
of impacted properties. CONSULTANT will draft the acquisition documents using City
approved forms or QC any forms that are created directly by City staff for pre -
acquisition review by the WSDOT LPA coordinator before any offers are made to
property owners.
CONSULTANT agents will act in good faith at all times and never coerce owners.
Consultant shall begin the negotiation process with each owner with an in -person
presentation of all offers, when feasible. CONSULTANT shall identify property owner
issues, concerns and differences early on and document that information in the
individual parcel negotiation diaries.
CONSULTANT will work with Agency staff throughout the negotiation process with
the property owner until settlement is reached on each parcel or an impasse is reached.
If it becomes apparent that negotiations have reached an impasse and sufficient time has
passed for the property owner to make a settlement decision, CONSULTANT shall
provide written notice to City staff of the impasse in negotiations.
The CONSULTANT shall
1. conduct a minimum of three (3) significant and meaningful contacts with each
property owner before recommendation of impasse in negotiations for up to six
property owners.
2. Set up and maintain complete real property acquisition files for each impacted
tax parcel or larger parcel.
3. Prepare Administrative Settlement Justification statements for up to ten (10)
properties.
4. assemble the project's final parcel files and draft the supporting certification
memo and property interest's summary. CONSULTANT will maintain constant
contact with the local WSDOT Local Agency Ccoordinator throughout the
project, follow the WSDOT LAG manual and Uniform Act guidelines, and use
the prescribed right-of-way documents with as little deviation as possible.
5. transmit the signed conveyance documents and payment requests to the City for
approval and processing.
6. do due diligence in obtaining and researching last recorded vesting to verify
ownership for each parcel.
7. Make a recommendation for appraisal consultants to the City, if needed.
Assumption(s):
No title reports will be required for this work and escrow will not be required at
closing.
2. The City will establish and communicate just compensation to the
CONSULTANT.
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3. The City will record conveyance documents and make payment for any and all
compensation payments to property owners. The City will pay for all fees
charged by trustees, and/or beneficiaries to clear encumbrances of record and
other closing costs such as title policies, recording fees, and escrow fees if
applicable.
4. Contractors working on City projects are not required to have rights of entry or
temporary easements to work within City Right of way or Property.
Deliverable(s)
1. ROW Funding Estimate
2. Up to fifteen (10) Temporary Construction Easement Exhibits
3. Up to five (5) right of entry exhibits
4. Property owner contact list, monthly summaries, initial schedule and updates on
review and issuance status.
5. Meeting notes from pre -application meetings or inquiries from the City of
Port Orchard planning department. One (1) electronic copy of complete real
property acquisition files for the project and up to fifteen (15) parcels as well as
all original, signed conveyance documents required for recording and any other
original documents required to comprise a complete property acquisition record.
6. Written counteroffer(s) and acceptances from property owners including
supporting documentation and the CONSULTANT's recommendation with
regard to justification for administrative settlements.
Task 13: Construction Management
13.1 Reserved
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39
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Page 154 of 199
Back to Agenda exhibit B
DBE Participation
This project has a stated DBE goal for the consultant agreement of 16%.
See attached DBE/UDBE inclusion plan prepared by KPFF Consulting Engineers.
Agreement Number:
Exhibit B - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Page 1 of 1
Back to Agenda
KPFF Consulting Engineers
DBE PARTICPATION / INCLUSION PLAN
Agency - City of Port Orchard
Project - SR166/Bay Street Reconstruction
1- Voluntary Participation Targets
This project, which has been awarded to CONSULTANT, has a DBE goal of
16.0% documented within the City of Port Orchard's SR166/Bay Street
Reconstruction Request for A&E professional Services Qualifications. This goal is
based on a percentage of the total contract value of this project, inclusive of
subsequent changes, of the assumed scope of work. This project has federal
funding.
2 - Diverse Business Subcontractors
CONSULTANT anticipates utilizing the following certified small and
diverse firms as subcontractors/suppliers on this project with good
faith efforts to share work as noted below:
Est D
Work
ml
Concord
Traffic and Illumination 6.9%
X
X
Engineering Inc
Engineering
Equinox Research
Cultural Resources
1.8%
X
X
X
and Consulting
International, Inc.
HWA GeoSciences,
Geotechnical Engineering
8.0%
X
x
X
Inc
RES Group NW, LLC
Real Estate Services
5.9%
X
x
x
Stepherson &
Outreach and Public Engagement
1.9%
X
X
Associates
Communications
Inc
Total DBE
Participation
Plan
24.5
CONSULTANT will utilize the following efforts to meet or exceed the DBE
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Participation goal:
• Provide opportunities for the above listed firms to perform all services
required by the project related to the scope of work and qualifications noted
in the table above
• Provide other consultants who qualify for small and diverse firms
opportunities for work related to the project not currently identified within
the project scope or request qualifications information.
3 - Strategies
In general, CONSULTANT will work to meet the goal by utilizing the
following methods:
Provide opportunities for the above listed firms to perform all services
required by the project related to the scope of work and qualifications noted
in the table above
If additional opportunities arise not currently identified within the project
scope, we will reach out to qualified small and diverse firms for any
additional services before reaching out to other firms.
4 - Mentoring and Training
CONSULTANT will work to further mentoring, training, and capacity
building programs by utilizing the following methods:
Provide sub consultants leadership roles within the project, including
significant face to face relationship building opportunities with the City of
Port Orchard, WSDOT, other stakeholders and KPFF team members
Provide opportunities for the above listed firms to perform all services
required by the project related to the scope of work and qualifications noted
in the table above
5 - Prompt Payment and Dispute Resolution
CONSULTANT will ensure prompt payment of all subcontractors and
return retainage by using the following methods:
• KPFF's utilizes the commercial accounting software BST-10, a fully
integrated accounting platform. Once KPFF receives and processes
payments from a client, BST will automatically initiate payment for all sub -
consultants on the next Friday.
• KPFF's Chief Financial Officer is responsible for ensuring prompt payment
on all contracts and ensuring our accounting and automatic payment
process is performing as expected.
• KPFF's project manager is responsible for contacting sub consultants who
report outstanding invoices if prompt payments have been made by KPFF
but not received or reported as received by sub consultants.
If payment is contested or other disputes arise, CONSULTANT will
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resolve disputes by utilizing the following methods:
• All disputes between sub consultants and KPFF are addressed in face-to-
face communications, with a goal of resolving issues fairly. We want to
treat others as we would like to be treated. If this effort does not resolve a
topic, non -binding mediation will be used. Our proposed dispute handling
process with sub consultants is noted below.
The Subconsultant shall make no claim against KPFF without first
providing KPFF with a written notice of damages and providing KPFF
thirty (30) days to cure before an action is commenced. KPFF shall make
no claim against Subconsultant without first providing Subconsultant with
a written certification from an independent professional, licensed and
practicing in the field of Subconsultant and in the state where the Project
is located, stating the basis for the alleged claim. This certificate shall be
provided by KPFF not less than thirty (30) days prior to the presentation
of any claim.
6 — MSVWBE Outreach
To date, CONSULTANT has utilized the following methods to perform
outreach to the DBE community and inform firms of the opportunity
to work as subcontractors/subconsultants on the project:
KPFF contacted over four professional service firms directly via phone and
email when developing a proposal to the City issued project RFP once an
opportunity for collaboration was identified. Firms who meet the
professional qualifications with the availability to meet the project needs in
terms of staffing and who confirmed an interest to join a KPFF primed team
joined our team.
KPFF has long term relationships with many DBE firms and continues to
reach out to this community through several networking events,
participation in ASCE, APWA and ACEC community events and uses these
events as opportunities to build relationships within the UDBE community.
In the future, CONSULTANT anticipates utilizing the following
methods to perform outreach to UDBE
subcontractors/subconsultants and inform them of upcoming
opportunities on the project:
KPFF participates in various industry meet and greets and networking
opportunities, including UDBE inclusion events to develop new teaming
opportunities with potential new sub -consultants met at these events. We
encourage UDBE firms that are new to us to reach out with potential
opportunities and place value in fostering these new relationships.
KPFF also regularly utilizes the local (City of Seattle, King County), State
(Washington State Office of Minority and Women's Business Enterprises),
and federal tools (dsbs.sba.gov) to identify qualified firms and contacts
firms directly when a client needs additional services.
KPFF has long term relationships with many UDBE firms and continues to
reach out to this community through several networking events,
participation in ASCE, APWA and ACEC community events and uses these
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events as opportunities to build relationships within the MSVWBE
community.
CONSULTANT anticipates utilizing the following methods to ensure
that small businesses have enough time and information to provide it
with bids or statements of qualifications:
• KPFF participates in various industry meet and greets and networking
opportunities, including UDBE inclusion events to develop new teaming
opportunities with potential new sub -consultants and existing sub -
consultants at these events. We encourage UDBE firms that are new to us
to reach out with potential opportunities and place value in fostering these
new relationships.
• KPFF regularly meets with new and existing qualified sub -consultants to
identify opportunities for partnership and strengthen relationships.
CONSULTANT anticipates utilizing the following methods to ensure
small businesses understand the schedule and project processes
and can learn ways to enhance their capabilities:
• We share contract information, such as Request for Proposals, directly with
our sub consultants when forming a teaming arrangement, and go over
schedule requirements, expectations, and project roles.
CONSULTANT anticipates utilizing the following methods to create
subcontract packages that create opportunities and allow for the
participation of small and diverse businesses:
• Provide opportunities for the above listed firms to perform all services
required by the project related to the scope of work and qualifications noted
in the table above
• Provide opportunities for potential additional work outside the current scope
of work to other qualified UDBE firms before reaching out to other UDBE
firms.
7 — Diversity Expert
CONSULTANT will utilize the following individuals as experts on
diverse businesses and to help manage the processes listed in this
plan:
CONSULTANT offers the following diversity expert resources:
A KPFF project coordinator with diverse business participation reporting experience
and experience in Diversity Compliance Management Systems (DCMS) reporting.
The project coordinator will have the support of other project coordinators also
familiar in diversity business processes and practices. This project coordinator is
Carinna Lee currently who has experience reporting participation on similar projects
with similar sized agencies.
8 — Past Performance
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CONSULTANT has completed the following projects that achieved
diverse business participation in the past five years.
A few examples below.
The table below shows our inclusion performance on current public agency projects.
Table 1 — MSVWBE Inclusion Performance on Current WSDOT Contracts
Project Name
Owner
% of
Final Contract
Total MWBE
Utilization
Amount
Dollars Spent
Mercer Avenue West
Seattle Department
o
14/oDBE
$12,373,900
$1,732,346
of Transportation
Greenlake AAC
Seattle Department
19% WMBE
$436,239
$81,914
of Transportation
Montlake Hub Capital
Seattle Department
47% WMBE
$696,111
$328,629
Improvements
of Transportation
Rainier Transit Plus
Seattle Department
25% WMBE
$197,189
$50,914
Multimodal Corridor
of Transportation
Federal Way Transit
Sound Transit
20% S/DBE
$1,780,000
$356,000
Center
Achieved
NAVFAC NW Land/
US Navy
39.2% DBE
$4,356,273
$1,707,659
Water Interface
Page 160 of 199
Back to Agenda 'Xhibit C
Preparation and Delivery of Electronic Engineering and Other Data
In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is
to use in preparing electronic files for transmission to the agency. The format and standards to be provided may
include, but are not limited to, the following:
I. Surveying, Roadway Design & Plans Preparation Section
A. Survey Data
AutoCAD 2020
Civil 3d 2020
Horizontal Control: Washington State Plane Coord NAD 83/11
Vertical Control: North American Vertical Datum of 1988 (NAVD-88)
Survey data shall be provided using a Computer Aided Drafting (CAD) File submittal.
B. Roadway Design Files
AutoCAD/Civil 3d 2020 file format
Upon request, Roadway design files shall be electronically submitted using an "e-transmit" submittal
process.
C. Computer Aided Drafting Files
AutoCAD/Civil 3d 2020 file format
Agreement Number:
Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Page 1 of 4
D. Specify the Agency's Right to Review Product with the Consultant I Back to Agenda
The Agency reserves the right to review Consultant work at milestone submittal dates, as noted in the
project scope of work and other mutually agreeable times.
E. Specify the Electronic Deliverables to Be Provided to the Agency
Electronic versions of deliverables (reports, plans, drawings) shall be provided to the agency as noted in the
scope of work.
F. Specify What Agency Furnished Services and Information Is to Be Provided
As noted in the project scope.
Agreement Number:
Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Page 2 of 4
IL Any Other Electronic Files to Be Provided
Back to Agenda
As needed to support project delivery
III. Methods to Electronically Exchange Data
Data shall be transfered via a file sharing site, such as Microsoft Sharepoint as a first preference. Email, while
not preferred, shall be acceptable if time is of the essence.
Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Page 3 of 4
A. Agency Software Suite
Back to Agenda
City of Port Orchard software suite is Microsoft Office.
Operating system shall be Windows platform.
PDF review sessions shall be on Bluebeam Revu.
B. Electronic Messaging System
The City of Port Orchard shall uses Microsoft outlook email. All emails are subject to public records
request.
C. File Transfers Format
See previous entries above.
Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Page 4 of 4
Back to Agenda exhibit D
See Attached
Prime Consultant Cost Computations
Agreement Number:
Exhibit D - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Page 1 of 1
Back to Agenda
Fee Proposal
Port Orchard SR166 Reconstruction
KPFF Consulting Engineers and Subconsultants
Description
KPFF
KPFF - Surve
Concord
ESA
Equinox
HWA
KPG Psomas
RES
Stephenson
Total Cost
Task 1
Project Management
$ 69,121.99
$ -
$ 7,208.44
$ 5,784.93
$ 9,621.62
$ 8,798.54
$ -
$ 5,090.72
$ 105,626.25
1.1
Contract Admin
$ 23,991.97
$ -
$ 4,874.56
$ 4,323.54
$
$ 8,368.42
$ 6,860.03
$ -
$ 4,414.53
$ 52,833.05
1.2
Project Management Plan
$ 7,339.88
$ -
$ 1,004.46
$
$
$ -
$ -
$ -
$ 225.40
$ 8,569.74
1.3
Subconsultant Management
$ 8,335.91
$
$
$
$
$
$
$
$
$ 8,335.91
1.4
Coordination Meetings
$ 29,454.23
$ -
$ 1,329.43
$ 1,461.39
$
$ 1,253.20
$ 1,938.51
$ -
$ 450.80
$ 35,887.56
Task 2
Data Collection
$ 7,340.90
$ 45,466.28
$ 3,190.62
$
$
$ •
$
$
$ 55,997.81
2.1
Data Collection
$ 7,340.90
$ -
$ 3,190.62
$
$
$ -
$ -
$ -
$ -
$ 10,531.52
2.2
Survey
$ -
$ 45,466.28
$ -
$
$
$ -
$ -
$ -
$ -
$ 45,466.28
Task 3
Community Outreach
$ 10,185.70
$
$
$
$ -
$ 4,485.47
$ -
$ 14,859.57
$ 29,530.74
3.1
Public Outreach Engagement Plan
$ 2,589.87
$ -
$ -
$
$
$ -
$ -
$ -
$ 3,576.18
$ 6,166.05
3.2
Project Steering Committee
$ 5,777.66
$ -
$ -
$
$
$ -
$ 923.91
$ -
$ 1,352.39
$ 8,053.96
3.3
Virtual Engagement
$ 1,818.17
$ -
$ -
$
$
$ -
$ 3,561.57
$ -
$ 6,346.53
$ 11,726.26
3.4
Project Advertising and Public Engagement
$ -
$ -
$ -
$
$
$ -
$ -
$ -
$ 3,584.47
$ 3,584.47
Task 4
PS & E Design
$ 426,157.82
$
$ 3,899.65
$
$
$ 11,796.16
$
$
$ 441,853.64
4.1
Basis of Design
$ 6,702.16
$ -
$ 2,304.34
$
$
$ -
$ 712.31
$ -
$
$ 9,718.82
4.2
30%Concept Design
$ 105,878.38
$ -
$ -
$
$
$ -
$ 10,467.91
$ -
$ -
$ 116,346.29
4.3
SR 116 PS&E
$ 256,703.88
$ -
$ -
$
$
$ -
$ -
$ -
$ -
$ 256,703.88
4.4
Quality Management
$ 15,383.57
$ -
$ -
$
$
$ -
$ -
$ -
$ -
$ 15,383.57
4.5
Stormwater Report
$ 36,333.40
$ -
$ -
$
$
$ -
$ -
$ -
$ -
$ 36,333.40
4.6
Bid Support Services
$ 5,156.44
$ -
$ 1,595.31
$
$
$ -
$ 615.94
$ -
$
$ 7,367.69
Task 5
Utility Relocation PS&E
$ 81,781.43
$
$
$
$
$
$
$
$ 1.43
5.1
Utility Basis of Design
$ 4,690.62
$ -
$ -
$
$
$ -
$ -
$ -
$
$ 4,690.62
5.2
Utility Relocation Coordination
$ 11,665.85
$ -
$ -
$
$
$ -
$ -
$ -
$ -
$ 11,665.85
5.3
Utility Concept Design
$ 16,504.50
$ -
$ -
$
$
$ -
$ -
$ -
$ -
$ 16,504.50
5.4
Early Utility Relocation PS&E
$ 48,920.46
$ -
$ -
$
$
$ -
$ -
$ -
$ -
$ 48,920.46
Task 6
Early Utility Relocation Environmental Services
$ 21,439.45
$
$
$ 18,499.78
$ 8,206.47
$
$
$
$
$ 48,145.71
6.1
Cultural Resource Services
$ -
$ -
$ -
$
$ 8,206.47
$ -
$ -
$ -
$
$ 8,206.47
6.2
SEPA Documents
$ -
$ -
$ -
$ 3,721.40
$
$ -
$ -
$ -
$
$ 3,721.40
6.3
Permitting Support
$ 21,439.45
$ -
$ -
$ 14,778.38
$
$ -
$ -
$ -
$ -
$ 36,217.84
0
Task 7
Environmental Services
$ 23,074.56
$
$
$ 54,312.16
$ 6,998.90
$
$
$
$ -
$ 84,385.61
7.1
Cultural Resource Services
$ -
$ -
$ -
$
$ 6,998.90
$ -
$ -
$ -
$
$ 6,998.90
7.2
NEPA Documents
$ .
$ -
$ -
$ 44,649.29
$
$ -
$ -
$ -
$ -
$ 44,649.29
7.3
Permitting Support
$ 23,074.56
$ -
$ -
$ 9,662.87
$
$ -
$ -
$ -
$ -
$ 32,737.42
0
Task 8
Geotechnicel Evaluation Services
$
$
$
$ 59,421.94
$ -
$
$
$ 59,421.84
8.1
Geotechnical Services
$ -
$ -
$ -
$
$
$ 50,461.81
$ -
$ -
$ -
$ 50,461.81
8.2
Hazardous Materials Review
$ -
$ -
$ -
$
$
$ 8,960.03
$ -
$ -
$
$ 8,960.03
Task 9
Traffic and Illumination
$
$ 61,449.02
$
$
$ 615.94
$
$
$ 62,064.96
9.1
Traffic Analysis
$ -
$ -
$ 4,165.53
$
$
$ -
$ .
$ -
$
$ 4,165.53
9.2
Illumination Evaluation and Coordination
$ -
$ -
$ 20,089.10
$
$
$ -
$ 615.94
$ -
$ -
$ 20,705.04
9.3
Illumination PS&E
$ -
$ -
$ 37,194.39
$
$
$ -
$ -
$ -
$
$ 37,194.39
Task 10
10.1
WSDOT Coordination
WSDOT Coordination
$ 34,198.07
$
$
$ -
$ -
$ -
$
$ 34,198.07
$ 5,341.37
$ -
$ -
$
$
$ -
$ -
$ -
$
$ 5,341.37
10.2
WSDOT Chan Plan for Approval
$ 28,856.70
$ -
$ -
$
$
$ -
$ -
$ -
$ -
$ 28,856.70
Task 11
Landscape Architecture
$
$
$
$ -
$ 58,580.82
$ -
$
$ 58,580.82
11.1
Landscape Design
$
$ -
$ -
$
$
$ -
$ 28,379.49
$ -
$ -
$ 28,379.49
11.2
Urban Design
$ -
$ -
$ -
$
$
$ -
$ 30,201.33
$ -
$ -
$ 30,201.33
Task12
Real Estate Services
$ 14,420.24
$ -
$
$ -
$ -
$ 54,358.82
$
$ 68,779.06
12.1
Preliminary ROW Services
$ -
$ -
$ -
$
$
$ -
$ -
$ 7,156.48
$
$ 7,156.48
12.2
Temporary Construction Easements
$ 14,420.24
$ -
$ -
$
$
$ -
$ -
$ -
$ -
$ 14,420.24
12.3
Acquisition Services
$ -
$ -
$ -
$
$
$ -
$ -
$ 47,202.34
$ -
$ 47,202.34
Task 13
Construction Management
$
$
$
$
$
$
$
$
13.1
RESERVED
$
$
S
$
$ -
$ -
$ -
$
$
Total Labor Cost by Firm $ 687,720.17
$ 45,466.28
1 $ 75,747.74
1 $ 78,596.87
1 $ 15,205.37
$ 69,043.45
$ 84,276.94
$ 54,358.82
1 $ 19,950.29
1 $ 1,130,365.93
Reimbursable Costs by Firm 1 $ 655.00 1 $ 6,000.00 1 $ 6,117.90 1 $ 587.20 1 $ 6,128.80 1 $ 26,256.36 1 $ $ 16,345.00 1 $ 2,180.00 $ 64,270.26
Management Reserve
Project Budget with Reserve
1,194,636.19
$ 112,370.40
- - $ 1,307,006.59
Page 166 of 199
Page 1 of 1
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$ e
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$ et
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$ 89
$ 6
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$ 2
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$ 5
$ 0
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$ 213654.56
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$ 2885
$ 43,]304]
$ ]2589]5
$ 819158
$ et,ie1.43
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$ 4
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$ 43
$ 9
$ 469
UN0 Re
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40M
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J
$ 6
17263 20
3 5
26,15893
3 1
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3 1,864bB
$ 1.4%31
$ 18,509,W
$ 48,-46
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153
$ 7,56662
$ 11,464.18
$ 19,02980
$ 2,40965
$ 21,439,45
6.1
CulWral Resource Servlces
$
3
$
$
$
$
$
$
$
$
18n Suenon10D
00
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$ s2
$ e
3 e0
$ 65
$
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7.1
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Cultural Resource Servlces
161
$ 8,14262
$
$ 12,33851
$
$ 2C461,13
$
$ 2,59342
$
$ 23,074,%
$
IBn�Suenon
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$
8 14262
$
1233851
$
$ 3
$
$ 2 42
$
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0
$
$
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$
$
$
$
$
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$
3
$
$
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$
$
$
$
$
9.1
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$
$
$
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$
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$
3
n PSBE
$
$
$
3
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T«k 10
10.1
W800T CoaMlna9on
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$ 12,06792
$ 18.e
$ 18.28652
$ 2856 16
$ 30,354,44
$ 4 741 04
$ 3,61863
$ NO 33
$ 34,198,0]
$ 534137
WS—CM1an Plan kr
$ 04
$ 1543036
$ 2561340
$ 3 243a0
$
T«k 11
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0
$
3
$
$
$
$
$
3
$
3
$
$
$
S
$
T«k 12
RW Ea semlo«
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2
$ 108886
$
$ ]1085
$
$ 12]89,51
$
$ 1,62074
$
$ 14,42024
$
121
123
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$ 5
$ 6
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$ e
$ 12,]98,51
$
$ 1,82074
$
$ 1/,42021
$
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0
$
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$
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4,412.00
$ 235,119,18
$ JSQ2]809
$ 591,3952fi
$ 74,885.46
$ 682,720.17
Toml Hours er 86 1)d STO 171 101 SM 201 ]1fi M 74 fi9J 274 $4,565.00
rso
Curt«1 Hold $ 3 $ 80.20 $ 8828 $ 53.00 $ 53.68 $ 4789 $ 7212 $ U08 $ 7674 $ 3946 $ 41]1 $ 33.44
OireM Sala Cos10SC $ e $ 13,954.80 $ 47,433.65 $ 2628100 $ 37.74981 $ 26,05216 $ 1471248 $ 28A07.68 $ 1534.80 $ 2,B6044 $ 2890603 $ 9,162.56 1 24
Ovcm«a cost t5153 of OSC sax $ 1 s $ 11 3 ] 22 $ 3 a0 3 17,20121 $ 3 ea 3 22,293.82 $ 4 6 $ 232668 $ 4,043.49 $ /3,]89 ]9 $ t a $ as
OSGon $ 1 3 $ 1 $ 1t e] $ s 0 $ 94,95210 $ 6 0 $ a o0630 $ ] 84 $ 3,86048 $ 6,I11,93 $ 72,]0482 $ 2a,0<s.059 $ st
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Page 167 of 199
Page 2 of 13
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$ 53.11
$ 1,2]368
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$ 2,85600
$ d3.50
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$ 11W
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$ 2,8ww
$
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$ 3,4369
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Page 168 of 199
Page 3 of 13
Back to Agenda :xhibit E
Sub -consultant Cost Computations
If no sub -consultant participation at this time. The CONSULTANT shall not sub -contract for the
performance of any work under this AGREEMENT without prior written permission of the AGENCY.
Refer to section VI "Sub -Contracting" of this AGREEMENT.
See Attached
Agreement Number:
Exhibit E - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Page 1 of 1
0
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Page 170 of 199
Page 4 of 13
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Page 171 of 199
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Page 172 of 199
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Page 174 of 199
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47
$ 21IM.00
$ 3,384.00
$ 21,45].10
$ 232 A
$ 4).181.70
$ 620.
$ 7,19].12
$ 94].52
$ 54,350.82
$ 7,15649
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$ 18,832.]/
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0.8348 Total Project Costs $ 70,704
Page 175 of 199
Page 9 of 13
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605.T0 $ 191911 $ 92112 $ ]21.011169.11%$
1,0244 $ 3,3A689 $ 1,55IT1 $ 6DSC•OH$ 1,63B0p $ 1 $ 2pi683 $2]of
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Mllea a 1000 I$ S.69 $ 655.00
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umikb k�np6ae -nun s66 s ozs $ 12600
$
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1]686 TPtel Prpe6t C.M. 3 33,130
Page 176 of 199
Exhibit F - Title VI ASSUran Back to Agenda ix A & E
APPENDIX A
During the performance of this contract, the contractor, for itself, its assignees, and successors in
interest (hereinafter referred to as the "contractor") agrees as follows:
1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts
and the Regulations relative to Non-discrimination in Federally -assisted programs of the U.S. Department of
Transportation, (Title of Modal Operating Administration), as they may be amended from time to time, which
are herein incorporated by reference and made a part of this contract.
2. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not
discriminate on the grounds of race, color, or national origin 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, including employment practices
when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21.
[Include Modal Operating Administration specific program requirements.]
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations,
either by competitive bidding, or negotiation made by the contractor for work to be performed under a
subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or
supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and
the Regulations relative to Non-discrimination on the grounds of race, color, or national origin. [Include
Modal Operating Administration specific program requirements.]
4. Information and Reports: The contractor will provide all information and reports required by the Acts, the
Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other
sources of information, and its facilities as may be determined by the Recipient or the (Title of Modal
Operating Administration) to be pertinent to ascertain compliance with such Acts, Regulations, and
instructions. Where any information required of a contractor is in the exclusive possession of another who fails
or refuses to furnish the information, the contractor will so certify to the Recipient or the (Title of Modal
Operating Administration), as appropriate, and will set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non- discrimination
provisions of this contract, the Recipient will impose such contract sanctions as it or the (Title of Modal
Operating Administration) may determine to be appropriate, including, but not limited to:
a. withholding payments to the contractor under the contract until the contractor complies; and/or
b. cancelling, terminating, or suspending a contract, in whole or in part.
6. Incorporation of Provisions: The contractor 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 contractor will take action with respect to any
subcontract or procurement as the Recipient or the (Title of Modal Operating Administration) may direct as a
means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor
becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction,
the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In
addition, the contractor may request the United States to enter into the litigation to protect the interests of the
United States.
Local Agency A&E Professional Services Cost Page 177 of 199 Agreement Number
Plus Fred Fee Consultant Agreement Revised 0210112021
Exhibit F - Title VI Assurani Back to Agenda x A & E
APPENDIX E
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the "contractor") 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 CFR 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 CFR 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 47123), 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.F.R. parts 37 and 38;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and
Low -Income Populations, which ensures discrimination against minority populations by discouraging
programs, policies, and activities with disproportionately high and adverse human health or
environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency,
and resulting agency guidance, national origin discrimination includes discrimination because of limited
English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to
ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating
because of sex in education programs or activities (20 U.S.C. 1681 et seq).
Local Agency A&E Professional Services Page 178 of 199 Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 0210112021
Back to Agenda khibit G
Certification Documents
Exhibit G-1(a)
Certification of Consultant
Exhibit G-1(b)
Certification of
Exhibit G-2
Certification Regarding Debarment, Suspension and Other Responsibility Matters -
Primary Covered Transactions
Exhibit G-3
Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
Exhibit G-4
Certificate of Current Cost or Pricing Data
Agreement Number:
Exhibit G - Local Agency A&E Professional Services Cost Pius Fixed Fee Consultant Agreement Revised 0210112021 Page 1 of 1
Exhibit G-1(a) Certification of Consultant
Back to Agenda
I hereby certify that I am the and duly authorized representative of the firm of
KPFF, Inc.
whose address is
1601 Fifth Avenue, Suite 1600, Seattle, WA 98101
and that neither the above firm nor I have:
a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration,
any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT)
to solicit or secure this AGREEMENT;
b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of
any firm or person in connection with carrying out this AGREEMENT; or
c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely
for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in
connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any);
I acknowledge that this certificate is to be furnished to the City of Port Orchard
and the Federal Highway Administration, U.S. Department of Transportation in connection with this
AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and
Federal laws, both criminal and civil.
KPFF, Inc
Consultant (Firm Name)
Signature (Authorized Official of Consultant)
Date
Agreement Number:
Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021
Exhibit G-1(b) Certification of City of Port Orchard
Back to Agenda
I hereby certify that I am the:
❑, To be filled in by the City Staff
❑ Other
of the City of Port Orchard
, and City of Port Orchard
or its representative has not been required, directly or indirectly as an express or implied condition in connection
with obtaining or carrying out this AGREEMENT to:
a) Employ or retain, or agree to employ to retain, any firm or person; or
b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration
of any kind; except as hereby expressly stated (if any):
I acknowledge that this certificate is to be furnished to the
and the Federal Highway Administration, U.S. Department of Transportation, in connection with this
AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and
Federal laws, both criminal and civil.
Signature
Date
Agreement Number:
e o
Exhibit G - Local Agency A&E Professional Services Cost a us Fixed Fee Consultant Agreement Revised 0210112021
Exhibit G-2 Certification Regarding Debarment, SuspenO Back to Agendl
Responsibility Matters - Primary Covered Transactions
I. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals:
A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
B. Have not within a three (3) year period preceding this proposal been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under
a public transaction; violation of Federal or State anti-trust statues or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving
stolen property;
C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b)
of this certification; and
D. Have not within a three (3) year period preceding this application / proposal had one or more public
transactions (Federal, State and local) terminated for cause or default.
II. Where the prospective primary participant is unable to certify to any of the statements in this certification,
such prospective participant shall attach an explanation to this proposal.
KPFF, Inc.
Consultant (Firm Name)
S' nature (Authorized Official of Consultant)
11 /2/2023
Date
Agreement Number:
Ma e o
Exhibit G -Local Agency A&E Professional Services Cost us Fixed Fee Consultant Agreement Revised 0210112021
Exhibit G-3 Certification Regarding the Restrictions of th' Back to Agendul Funds
for Lobbying
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
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 Federal agency, a Member
of Congress, an officer or employee of Congress, or any 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 Federal contract, grant, loan or cooperative AGREEMENT.
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 Federal 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.
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 $10,000.00, and not more than $100,000.00,
for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require
that the language of this certification be included in all lower tier sub -contracts, which exceed $100,000,
and that all such sub -recipients shall certify and disclose accordingly.
KPFF, Inc.
Consultant (Firm Name)
Q rn`
Signature (Authorized Official of Consultant)
11 /2/2023
Date
Agreement Number:
Ma e o
Exhibit G -Local Agency A&E Professional Services Cost us Fixed Fee Consultant Agreement Revised 0210112021
Exhibit G-4 Certificate of Current Cost or Pricing Data ` Back to Agenda
This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section
2.101 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted,
either actually or by specific identification in writing, to the Contracting Officer or to the Contracting Officer's
representative in support of SR166/13ay Street Reconstruction * are accurate, complete, and current
as of November 2nd, 2023 **.
This certification includes the cost or pricing data supporting any advance AGREEMENT's and forward pricing
rate AGREEMENT's between the offer or and the Government that are part of the proposal.
Firm: KPFF, Inc.
1M c
Signature
Date of Execution***:
Associate
Title
*Identify the proposal, quotation, request for pricing adjustment, or other submission involved, giving the appropriate identifying number (e.g. project title.)
**Insert the day, month, and year, when price negotiations were concluded and price AGREEMENT was reached.
***Insert the day, month, and year, of signing, which should be as close as practicable to the date when the price negotiations were concluded and the
contract price was agreed to.
Agreement Number:
Exhibit G - Local Agency A&E Professional Services Cost Aus ViketiMe Consultant Agreement Revised 0210112021
Back to Agenda exhibit H
Liability Insurance Increase
To Be Used Only If Insurance Requirements Are Increased
The professional liability limit of the CONSULTANT to the AGENCY identified in Section XII, Legal Relations
and Insurance of this Agreement is amended to $
The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the
amount of $
Such insurance coverage shall be evidenced by one of the following methods:
• Certificate of Insurance.
• Self-insurance through an irrevocable Letter of Credit from a qualified financial institution.
Self-insurance through documentation of a separate fund established exclusively for the payment of professional
liability claims, including claim amounts already reserved against the fund, safeguards established for payment
from the fund, a copy of the latest annual financial statements, and disclosure of the investment portfolio for
those funds.
Should the minimum Professional Liability insurance limit required by the AGENCY as specified above exceed
$1 million per occurrence or the value of the contract, whichever is greater, then justification shall be submitted
to the Federal Highway Administration (FHWA) for approval to increase the minimum insurance limit.
If FHWA approval is obtained, the AGENCY may, at its own cost, reimburse the CONSULTANT for the additional
professional liability insurance required.
Notes: Cost of added insurance requirements: $
• Include all costs, fee increase, premiums.
• This cost shall not be billed against an FHWA funded project.
• For final contracts, include this exhibit.
Agreement Number:
Exhibit H - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Page 1 of 1
Back to Agenda Exhibit I
Alleged Consultant Design Error Procedures
The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a
nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution
and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage
due to the alleged error by the consultant.
Step 1 Potential Consultant Design Error(s) is Identified by Agency's Project Manager
At the first indication of potential consultant design error(s), the first step in the process is for the Agency's
project manager to notify the Director of Public Works or Agency Engineer regarding the potential design
error(s). For federally funded projects, the Region Local Programs Engineer should be informed and
involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an
agency staff person other than the project manager, who has not been as directly involved in the project,
to be responsible for the remaining steps in these procedures.)
Step 2 Project Manager Documents the Alleged Consultant Design Error(s)
After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the
Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed
documentation than is normally required on the project. Examples include: all decisions and descriptions
of work; photographs, records of labor, materials and equipment.
Step 3 Contact the Consultant Regarding the Alleged Design Error(s)
If it is determined that there is a need to proceed further, the next step in the process is for the project
manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged
error(s). The project manager and other appropriate agency staff should represent the agency and the
consultant should be represented by their project manager and any personnel (including sub -consultants)
deemed appropriate for the alleged design error(s) issue.
Step 4 Attempt to Resolve Alleged Design Error with Consultant
After the meeting(s) with the consultant have been completed regarding the consultant's alleged design
error(s), there are three possible scenarios:
• It is determined via mutual agreement that there is not a consultant design error(s). If this is the case,
then the process will not proceed beyond this point.
It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case,
then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement
with the consultant. The settlement would be paid to the agency or the amount would be reduced from
the consultant's agreement with the agency for the services on the project in which the design error
took place. The agency is to provide LP, through the Region Local Programs Engineer, a summary
of the settlement for review and to make adjustments, if any, as to how the settlement affects federal
reimbursements. No further action is required.
• There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may
request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency
Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal
counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5.
Agreement Number:
Exhibit I - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Page 1 of 2
Step 5 Forward Documents to Local Programs g�►genda
For federally funded projects all available information, including costs, s ., Waiu%.0 «trough the
Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet
with representatives of the agency and the consultant to review the alleged design error(s), and attempt
to find a resolution to the issue. If necessary, LP will request assistance from the Attorney General's Office
for legal interpretation. LP will also identify how the alleged error(s) affects eligibility of project costs
for federal reimbursement.
• If mutual agreement is reached, the agency and consultant adjust the scope of work and costs
to reflect the agreed upon resolution. LP, in consultation with FHWA, will identify the amount
of federal participation in the agreed upon resolution of the issue.
• If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration
or by litigation.
Agreement Number:
Exhibit I - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Page 2 of 2
Back to Agenda :Xhibit J
Consultant Claim Procedures
The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following
procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total
of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the
Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s)
that total $1,000 or less.
This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential
claim by the consultant.
Step 1 Consultant Files a Claim with the Agency Project Manager
If the consultant determines that they were requested to perform additional services that were outside
of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed
is the request for consideration of the claim to the Agency's project manager.
The consultant's claim must outline the following:
• Summation of hours by classification for each firm that is included in the claim;
• Any correspondence that directed the consultant to perform the additional work;
• Timeframe of the additional work that was outside of the project scope;
• Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with
the additional work; and
• Explanation as to why the consultant believes the additional work was outside of the agreement
scope of work.
Step 2 Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation
After the consultant has completed step 1, the next step in the process is to forward the request to the
Agency's project manager. The project manager will review the consultant's claim and will met with the
Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the
FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's
recommendation for federal participation in the claim to the WSDOT Local Programs through the Region
Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from
agency funds.
If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs
(if applicable), and FHWA (if applicable) agree with the consultant's claim, send a request memo, including
backup documentation to the consultant to either supplement the agreement, or create a new agreement
for the claim. After the request has been approved, the Agency shall write the supplement and/or new
agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for
the agreement is subject to audit. No further action in needed regarding the claim procedures.
If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures.
Agreement Number:
Exhibit J - Local Agency A&E Professional Services Cost PluseFixed Fee Consultant Agreement Revised 0210112021 Page 1 of 2
Step 3 Preparation of Support Documentation Regarding Consultant's Clai` Back to AgendAM
If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary
for the Director of Public Works or Agency Engineer that included the following:
• Copy of information supplied by the consultant regarding the claim;
• Agency's summation of hours by classification for each firm that should be included in the claim;
• Any correspondence that directed the consultant to perform the additional work;
• Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated
with the additional work;
• Explanation regarding those areas in which the Agency does/does not agree with the consultant's
claim(s);
• Explanation to describe what has been instituted to preclude future consultant claim(s); and
• Recommendations to resolve the claim.
Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation
The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove
the claim, or portions thereof, which may include getting Agency Council or Commission approval (as
appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain
concurrence from WSDOT Local Programs and FHWA regarding final settlement of the claim. If the claim
is not eligible for federal participation, payment will need to be from agency funds.
Step 5 Informing Consultant of Decision Regarding the Claim
The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final
decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim(s)
and rationale utilized for the decision.
Step 6 Preparation of Supplement or New Agreement for the Consultant's Claim(s)
The agency shall write the supplement and/or new agreement and pay the consultant the amount
of the claim. Inform the consultant that the final payment for the agreement is subject to audit.
Agreement Number:
Exhibit J - Local Agency A&E Professional Services Cost PluseFixed Fee Consultant Agreement Revised 0210112021 Page 2 of 2
rh= City of Port Orchard Back to Agenda
216 Prospect Street, Port Orchard, WA 98366
" (360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Business Item 7D Meeting Date: November 28, 2023
Subject: Adoption of a Resolution Adopting the
City of Port Orchard 2023 Stormwater
and Watersheds Comprehensive Plan
Prepared by: Denis Ryan
Public Works Director
Atty Routing No;
Atty Review Date
N/A
N/A
Summary: The City of Port Orchard first established a storm drainage utility in 2008. In 2021 following
a competitively -bid selection process Herrera Environmental Consultants was retained to assist in the
development of the City of Port Orchard Stormwater and Watersheds Comprehensive Plan (the
"Plan"). Over the past two years Port Orchard and Herrera, Inc. have been in the process of preparing
the "Plan". This is the first ever Stormwater and Watersheds Comprehensive Plan for the City of Port
Orchard and will set applicable stormwater and watershed standards, capital projects, and levels of
service for stormwater and watersheds in the City. The "Plan" is designed to address the evolving
needs of the City in managing stormwater and protecting watersheds. the "Plan" introduces a three -
tiered approach to service levels, highlighting the key components of each level to guide decision -
making and resource allocation. On February 2, 2023 the SEPA Responsible Official issued a DNS for
adoption of the Stormwater and Watersheds Comprehensive Plan and no appeals were issued. On
February 2, 2023 the Stormwater and Watersheds Comprehensive Plan was submitted to the
Department of Commerce for review, however, Commerce indicated review was not required for this
Plan. The City Council reviewed and discussed the Stormwater and Watersheds Comprehensive Plan on
September 12, 2023, and November 21, 2023. The City has studied the current and projected
conditions, the current state and local regulations, and the projected growth for the City and has
developed a comprehensive plan to meet the City's stormwater and watershed needs through the year
2043.
Recommendation: Staff recommends that the City Council approve a Resolution adopting the City of
Port Orchard Stormwater and Watersheds Comprehensive Plan.
Relationship to Comprehensive Plan: 7-Utilities
Motion for Consideration: I move to approve a Resolution adopting the City of Port Orchard
Stormwater and Watersheds Comprehensive Plan.
Fiscal Impact: None
Alternatives: Do not approve and provide further guidance.
Attachments: City of Port Orchard Stormwater and Watersheds Comprehensive Plan. Available on
line at: https://storage.googleapis.com/proudcity/portorchardwa/uploads/2023/11/2023-Port-Orchard-
Stormwater-and-Watersheds-Comprehensive-Plan.pdf
Page 190 of 199
Back to Agenda
RESOLUTION NO. *** -23
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, ADOPTING THE
CITY OF PORT ORCHARD STORMWATER AND WATERSHEDS COMPREHENSIVE
PLAN.
WHEREAS, Port Orchard first established a storm drainage utility in 2008; and
WHEREAS, over the past two years Port Orchard has been in the process of preparing its
first Stormwater and Watershed Comprehensive Plan with Herrera Environmental Consultants,
Inc.; and
WHEREAS, this is the first ever Stormwater and Watersheds Comprehensive Plan for the
City of Port Orchard and will set applicable stormwater and watershed standards, capital
projects, and levels of service for stormwater and watersheds in the City; and
WHEREAS, the Stormwater and Watersheds Comprehensive Plan is designed to address
the evolving needs of the city in managing stormwater and protecting watersheds; and
WHEREAS, the plan introduces a three -tiered approach to service levels, highlighting the
key components of each level to guide decision -making and resource allocation; and
WHEREAS, on February 2, 2023 the SEPA Responsible Official issued a DNS for adoption
of the Stormwater and Watersheds Comprehensive Plan and no appeals were issued; and
WHEREAS, on February 2, 2023 the Stormwater and Watersheds Comprehensive Plan
was submitted to the Department of Commerce for review, however, Commerce indicated
review was not required for this Plan; and
WHEREAS, the City Council reviewed and discussed the Stormwater and Watersheds
Comprehensive Plan on September 12, 2023, November 21, 2023, and November 28, 2023; and
WHEREAS, the City has studied the current and projected conditions, the current state
and local regulations, and the projected growth for the City and has developed a comprehensive
plan to meet the City's stormwater and watershed needs through the year 2043; Now, Therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS
FOLLOWS:
THAT: The above recitals are adopted as findings for this Resolution.
THAT: The attached 2023 Stormwater and Watersheds Comprehensive Plan is hereby
adopted as the official Stormwater and Watersheds Comprehensive Plan for the
City of Port Orchard.
10776377.2 - 366922 - 0009
Page 191 of 199
Back to Agenda
THAT: This Resolution shall take effect and be in full force and effect upon passage and
signatures hereon.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested
by the City Clerk in authentication of such passage this 28th day of November, 2023.
ATTEST:
Brandy Wallace, MMC
City Clerk
10776377.2 - 366922 - 0009
Robert Putaansuu, Mayor
Page 192 of 199
v1i INIYI � � �
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
Subject: Adoption of a Resolution Accepting the
Lodging Tax Advisory Committee's
Recommendation for 2023 Funding
Allocation
Back to Agenda
Meeting Date: November 28, 2023
Prepared by: Brandy Wallace, MMC
City Clerk
Atty Routing No.:
Atty Review Date
N/A
N/A
Summary: On October 11, 2023, the Lodging Tax Advisory Committee heard presentations from
applicants requesting funds for 2024. On October 27, 2023, the Committee deliberated and came to a
consensus on the allocation.
The Committee discussed the following:
• Knowing the City has a healthy Lodging Tax fund balance, the Chair confirmed the fund balance
and at the recommendation of the Mayor and Finance Director added an additional $25,000 to
the already budgeted $100,000.
• There are significant concerns with the end product of marketing Port Orchard from Visit Kitsap
with regards to the value being provided and their efforts over the past few years. In addition,
the changeover in staff at the organization has raised concerns. The Committee felt the
organization should take time to restructure, then reapply for funds.
• The committee felt it is important to recognize that contribution by attending events and/or
shopping help with the economic component of bringing "heads to beds" and awarding funds to
organizations that put on events is appropriate.
• The committee will reconvene in February 2024 to re-evaluate the current application and rating
process to determine if there needs to be different questions asked.
The Committee is recommendiniz the funding be distributed as follows:
Organization
Funding Request Type
Amount
Requesting
Amount
Awarding
South Kitsap Chamber of Commerce
Visitor Center and Marketing
$34,962
$27,450
South Kitsap Chamber of Commerce
Cornhole & Ax Throwing
$6,000
$5,490
Port Orchard Bay Street Association
Tourism Marketing
$12,337
$10,065
Port Orchard Bay Street Association
Marketing and Operations of Events
$36,233
$29,280
Port Orchard Historic Theatre Foundation
Marketing and Operations of Events
$5,000
$5,000
Kitsap Mustang Club
Marketing and Operations of Events
$3,000
$3,000
Visit Kitsap Peninsula
Tourism Marketing
$75,580
$0
Saints Car Club
Marketing and Operations of Events
$5,000
$5,000
Sidney Museum and Arts Association
Tourism Marketing
$5,000
$5,000
Grays Harbor Historical Seaport
Marketing and Operations of Events
$8,750
$5,000
Fathoms 0' Fun
Marketing and Operations of Events
$32,500
$29,715
Total
$224,362
$125,000
Page 193 of 199
Back to Agenda less Item 7E
Page 2of2
Recommendation: Staff recommends adoption of a resolution approving the lodging tax
recommendations for 2024, as presented.
Relationship to Comprehensive Plan: N/A
Motion for consideration: I move to adopt a resolution, adopting the Lodging Tax Advisory Committee's
recommendation for the 2024 funding allocation, as presented.
Fiscal Impact: $100,000 has been budgeted in the 2024 expenditure portion of the 2023/2024 Biennial
Budget. A budget amendment may be needed for the additional $25,000.
Alternatives: N/A
Attachments: Resolution and historical allocation
Page 194 of 199
Back to Agenda
RESOLUTION NO.
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, ADOPTING
THE LODGING TAX ADVISORY COMMITTEE'S RECOMMENDATION FOR 2024
FUNDING ALLOCATION.
WHEREAS, notice was published in the City's official newspaper, Kitsap Sun, on August
31, 2023 and September 14, 2023. Notices stated the City was accepting proposals for Hotel/Motel
Lodging Tax funding applications for 2024; and
WHEREAS, proposals were due to the City Clerk no later than 4:00pm on September
25, 2023, in which 11 applications were received; and
WHEREAS, at the September 13, 2023, City Council meeting the Council adopted
Resolution No. 092-23, confirming the Mayor's appointment to the Committee; and
WHEREAS, on October 11, 2023, the Lodging Tax Advisory Committee met with each of
the applicants who presented their proposals of funding being requested; and
WHEREAS, on October 27, 2023, the committee reviewed the applications and came to a consensus on
the recommended allocation for the Council to consider; and
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS
FOLLOWS:
THAT: The City Council accepts the Lodging Tax Advisory Committee's 2024 lodging
tax recommendations as follows:
Organization
Funding Request Type
Amount
Requesting
Amount
Awarding
South Kitsap Chamber of Commerce
Visitor Center and Marketing
$34,962
$27,450
South Kitsap Chamber of Commerce
Cornhole & Ax Throwing
$6,000
$5,490
Port Orchard Bay Street Association
Tourism Marketing
$12,337
$10,065
Port Orchard Bay Street Association
Marketing and Operations of Events
$36,233
$29,280
Port Orchard Historic Theatre
Foundation
Marketing and Operations of Events
$5,000
$5,000
Kitsap Mustang Club
Marketing and Operations of Events
$3,000
$3,000
Visit Kitsap Peninsula
Tourism Marketing
$75,580
$0
Saints Car Club
Marketing and Operations of Events
$5,000
$5,000
Sidney Museum and Arts Association
Tourism Marketing
$5,000
$5,000
Grays Harbor Historical Seaport
Marketing and Operations of Events
$8,750
$5,000
Fathoms O' Fun
Marketing and Operations of Events
$32,500
$29,715
Total
$224,362
$125,000
Page 195 of 199
Back to Agenda
Page 2 of 2
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 281" day of November 2023.
F-AIS .115
Brandy Wallace, MMC, City Clerk
Robert Putaansuu, Mayor
Page 196 of 199
FV 2024 Funds
Funds
FY' 2023 Funds
Funds
'Back to Ag ds
Wted
FY 2021 Funds
Funds
FY 202o Funds
Funds
FY 2019 Funds
Funds
Organization/Event
Requested
Allocated
Requested
'llocated
Requested
Allocated
Requested
Allocated
Requested
Allocate
Fathoms O 'Fun Festival-
Events/Marketing
$32,500
$33,500
$33,500
$29,114
$25,096
$25,560
$25,560
$32,500
$21,000
$34,500
$21,532
Kitsap Mustang Club
$3,000
$3,000
$3,000
$27500
$27500
$27500
$2,500
$2,500
$27500
Port Orchard Historic Theatre
Foundation
$57000
N/A
$0
$2,500
$2,500
POBSA-Marketin /Events
$36,233
$37,900
�25,000
$22,035
$197079
$9,000
$9,000
$28,345
$15,000
$27,013
$15,38c
POBSA-Events - Tourism
Marketing
$127337
$8,960
8,96o
$10,700
$97095
$12,450
$8,000
$10,700
$7,500
$107925
$7,69c,
Port Orchard Chamber of
Commerce - Tourism Marketing,
Visitor Center Operations,
Seagull Calling Festival
N/A
$30,203
$22,.
Port Orchard Chamber of
Commerce -Explore Port Orchard
Coalition - Tourism Marketing
$34,962
$21,100
$21,100
$15,800
$137430
$10,000
$6,000
$12,500
$12,500
Port Orchard Chamber of
Commerce -Seagull Calling
Festival/KC Cornhole Event
$6,000
$5,000
$5,000
$2,000
$2,000
$3,000
$3,000
Port Orchard Chamber of
Commerce -Visitor Center
N/A
$14,000
$10,000
$10,000
$10,000
Saints Car Club ( The Cruz)
$5,000
$5,000
$5,0
$3,500
$3,500
$3,500
$3,500
$3,000
$3,000
$2400
$2,400
Sidney Museum & Arts
Association -Marketing
$5,000
$5,000
$5,000
$5,000
$5,000
$5,000
$5,000
$6,460
$5,000
$5,070
$5,070
Sidney Museum & Arts
Association -Hwy Sign
N/A
Visit Kitsap-Tourism Marketing
$75,580
$27,000
$15,000
$18,000
$15,300
$24,000
$20,000
$18,000
$18,000
$24,000
$16,918
Visit Kitsap-Ride the Tide Event
and Passport Marketing
N/A
N/A
N/A
$2,500
$27500
$12,000
$o
Grays Harbor Historical Society
$8,750
Reserve
Grand Total of Requests
$224,362
$0
$146,460
$121,560
$113,649
$100,000
$115,510
$87,060
$134,005
$100,000
$143,111
$100,000
FY' 2024 Budgeted Amount: $100,00o
FY'2o16 Projected Revenues: $84,000
FY' 2023 Budgeted Amount: $100,00o
FY'2015 Projected Revenues: $76,000
FY' 2022 Projected Revenues: $100,00o
FY'2014 Projected Revenues: $64,000
FY' 2021 Projected Revenues: $100,00o
FY'2013 Projected Revenues: $87,000
FY' 2020 Projected Revenues: $100,00o
FY'2012 Projected Revenues: $71,000
FY' 2019 Projected Revenues: $100,00o
FY'2011 Projected Revenues: $71,000
FY's 2018 Remaining Revenues: $91,00o
FY'2010 Projected Revenues: $59,785
FY'2017/2018 Projected Revenues: $190,000 (2017 Allocations- $ioi,000)
Page 197 of 199
FY' 2oi8 Funds
Requested
Funds
Allocated
FY' 2017 Funds
Requested
Funds
Allocated
$30,000
$2o,814
$24,000
$22,000
$1,500
$1,314
$24,533
$13,814
$17,100
$15,100
$10,533
$5,913
$0
$2,000
$i8,995
$13,814
$24,515
$16,000
$3,200
$3,014
$2,000
$1,620
$8,463
$8,277
$11,432.61
$6,250
$2,300
$2,113
$1,850
$1,850
$5,070
$2,813
$7,o8o
$5,o8o
$12,000
$12,000
$12,000
$12,000
$124,594
$90,186
$156,409
$99,000
Page 198 of 199
v1i INIYI � � �
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 7F
Subject: Approval of a Purchase and Sale
Agreement for Kitsap County Tax Parcel
No. 4650-015-006-0007 for Additional
Staffing Needs
Back to Agenda
Meeting Date: November 28, 2023
Prepared by: Brandy Wallace, MMC
City Clerk
Atty Routing No.:
Atty Review Date
N/A
N/A
Summary: Due to the growth in City staffing, the City has made an offer to purchase an office building
adjacent to our Department of Community Development building. Staff is asking the Council to approve
a Purchase and Sale agreement for the purchase of Kitsap County Tax Parcel No. 4650-015-006-0007,
730 Prospect Street. Staff is performing environmental testing and an appraisal as part of our due
diligence before the final purchase. Per the terms of the PSA the expected closing date is expected to be
on or before January 5, 2024, but the closing date will likely be extended.
Recommendation: Staff recommends Council authorize the Mayor to execute the Purchase and Sale
agreement and authorize the deposit of $10,000 in earnest money.
Relationship to Comprehensive Plan: N/A
Motion for consideration: I move to authorize the Mayor to execute the Purchase and Sale agreement
and authorize the deposit of $10,000 in earnest money.
Fiscal Impact: The Council approved $1.950 million for the purchase during the 2023-2024 Mid -Biennial
Review Budget Amendment.
Alternatives: N/A
Attachments: Purchase and Sale agreement to be provided by Attorney, as privileged.
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