04/09/2024 - Regular - PacketCity of Port Orchard City Council
Regular Meeting Agenda
April 9, 2024
6:30 p.m.
Pursuant to the Open Public Meetings Act, Chapter 42.30 RCW, the City Council is conducting its public meeting in a hybrid
format with options for in-person attendance in the Council Chambers at City Hall or remote viewing and participation via
Zoom (link below). The meeting is streamed live on the City’s YouTube channel, click here.
Remote access
Link: https://us02web.zoom.us/J/87656159851
Zoom Meeting ID: 876 5615 9851
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 ON AGENDA ITEMS
(This is an opportunity for citizens to address the City Council on agenda items that are not associated with a Public Hearing
on this agenda. Comments are limited to 3 minutes. Please approach the podium or raise your Zoom hand if viewing remotely
and wait to be recognized by the Mayor. Then, state your name for the official record. If you are attending remotely by Zoom
via telephone, enter *9 from your keypad to raise your hand.)
4.CONSENT AGENDA
(Items listed are to be considered routine in nature and are grouped together in a single motion. A Councilmember may
remove an item for separate consideration upon request. In the event of such request, the item is placed under Business
Items.)
A.Approval of Vouchers and Electronic Payments
B.Approval of Payroll and Direct Deposits
C.Approval of Amendment No. 5 to Contract No. 002-21 with AtWork! Commercial Enterprise, LLC for Tremont
Landscaping Maintenance (Ryan) Page 4
D.Approval of Amendment No. 5 to Contract No. 007-21 with AtWork! Commercial Enterprise, LLC for Various
Areas Landscaping Maintenance (Ryan) Page 38
E.Approval of Road Closures for a Special Event: The Unforgotten: Run to Tahoma (Wallace) Page 61
F.Approval of the March 19, 2024, City Council Work Study Minutes Page 71
5.PRESENTATION
Contact us:
Phone (360) 876-4407
cityhall@portorchardwa.gov
www.portorchardwa.gov
Meeting Location:
Council Chambers, 3rd Floor
216 Prospect Street
Port Orchard, WA 98366
April 9, 2024, Regular Meeting Agenda Page 2 of 3
A. Kitsap County Affordable Housing Task Force (Ives)
6. PUBLIC HEARING
(Accepting public testimony from citizens limited to the specific item listed)
7. BUSINESS ITEMS
A. Adoption of a Resolution Approving the Purchase of Furniture for the 2nd and 3rd Floor from One Workspace,
formerly Opensquare for the City Hall Renovation (Ryan) Page 73
B. Adoption of a Resolution Certifying Emergency Situation and Waiving Procurement for Repair Work for Marina
Pump Station Improvement Project (Ryan) Page 92
C. Approval of the March 26, 2024, City Council Regular Meeting Minutes Page 98
8. DISCUSSION ITEMS (No Action to be Taken)
A. Parks (Bond/Ryan) Page 103
B. 2023 Annual Impact Fee Report (Bond/Crocker) Page 121
9. REPORTS OF COUNCIL COMMITTEES
10. REPORT OF MAYOR
11. REPORT OF DEPARTMENT HEADS
12. CITIZEN COMMENTS ON ANY ITEM
(This is an opportunity for citizens to address the City Council on any items that are not associated with a Public Hearing on this
agenda. Comments are limited to 3 minutes. Please approach the podium or raise your Zoom hand if viewing remotely and wait
to be recognized by the Mayor. Then, state your name for the official record. If you are attending remotely by Zoom via
telephone, enter *9 from your keypad to raise your hand.)
13. CITY COUNCIL GOOD OF THE ORDER
14. EXECUTIVE SESSION: Pursuant to RCW 42.30.110, the City Council may hold an executive session. The topic(s)
and the session duration will be announced prior to the executive session.
15. ADJOURNMENT
CITY COUNCIL ADVISORY COMMITTEES
(Three council members serve on the committee with staff to make collaborative recommendations about work
product. Staff then prepares the items for full Council consideration based on the Committee’s discussion.)
STANDING COMMITTEE Date & Time Location
Economic Development and Tourism April 8, 2024; 9:30am Remote Access
Utilities TBD Remote Access
Sewer Advisory June 11, 2024; 3:00pm *WSUD
Finance April 16, 2024; 4:00pm Remote Access
Transportation April 23, 2024; 4:30pm Remote Access
Land Use April 17, 2024; 4:30pm Remote Access
Lodging Tax Advisory TBD 2024 Remote Access
Council Retreat April 12, 2024; 9AM Council Chambers
Outside Agency Committees Varies Varies
*West Sound Utility District, 2924 SE Lund Avenue, Port Orchard
April 9, 2024, Regular Meeting Agenda Page 3 of 3
ADA Requirements: In compliance with the Americans with Disabilities Act, if you need accommodations to
participate in this meeting, please contact the City Clerk's office at (360) 876-4407. Notification at least
48 hours in advance of meeting will enable the City to make arrangements to assure accessibility to this meeting.
REMINDER: Please silence all electronic devices while City Council is in session.
To subscribe to our general news & public notices click the link: https://portorchardwa.gov/subscribe
Robert (Rob) Putaansuu
Mayor
Administrative Official
Mark Trenary
Councilmember Position 1
Finance Committee
Transportation Committee
KRCC
PSRC-alt
Jay Rosapepe
Councilmember Position 2
Utilities/Sewer Advisory Committee
Land Use Committee
KEDA-alt
Scott Diener
Councilmember Position 3
Land Use Committee
Transportation Committee
Kitsap Public Health District
Eric Worden
Councilmember Position 4
Land Use Committee
Utilities/Sewer Advisory Committee
KRCC-alt
Heidi Fenton
Councilmember Position 5
Utilities/Sewer Advisory Committee
E/D & Tourism Committee
Transportation Committee
Fred Chang
Councilmember Position 6
(Mayor Pro-Tempore)
E/D & Tourism Committee
Finance Committee
John Morrissey
Councilmember Position At-Large
Finance Committee
E/D & Tourism Committee
Lodging Tax, Chair
Kitsap Economic Development Alliance
PSRC EDD-alt
Brandy Wallace, MMC, CPRO
City Clerk
Debbie Lund, CEBS SPHR SHRM-SCP
Human Resources Director
Noah Crocker, M.B.A.
Finance Director
Tim Drury
Municipal Court Judge
Matt Brown
Police Chief
Nicholas Bond, AICP
Community Development Director
Denis Ryan, CPWP-M, CPRP
Public Works Director
Agenda Staff Report
Agenda Item No.: Consent Agenda 4C Mee�ng Date: April 9, 2024
Subject: Prepared By: Denis Ryan
Public Works Director
Summary: The City u�lizes the services of a landscaping contractor for the purposes of maintaining
public property, including but not limited to Tremont Street. On November 24, 2020, following a
procurement process consistent with City of Port Orchard Procurement Policies, the City selected
AtWork! Commercial Enterprise, LLC and executed Purchased Service Agreement No. C002-21 for
the Tremont Landscaping Maintenance. On November 29, 2021, December 13, 2022, and
November 27, 2023, and March 27, 2024, respec�vely, Amendments 1, 2, 3 and 4 were executed,
extending the Underlying Agreement’s termina�on date, and increasing the Agreement Time and
Materials Not to Exceed to $79,837.81.
A�er careful review of the City’s needs for the landscaping for various areas within the City, the City
wishes to extend the dura�on of the Agreement to December 31, 2024, and update the annual
rates consistent with the Agreement (which authorizes an annual rate increase, within parameters).
Public Works Staff has also nego�ated an amendment to the Scope of Services of the Agreement
to expand exis�ng services (but within the scope of the ini�al procurement) to meet the current
needs of the City. In conjunc�on with this extension, the City has required the vendor to provide a
monthly report of services to beter allow staff to audit the contracted services. The Amendment
increases the contract from $79,837.81 to $112,278.05.
Before Council for approval is Amendment No. 5 to the Agreement, which would extend the
dura�on of the Agreement and increase the amount by $32,440.24, for a new not to exceed total
of $112,278.05 (applicable tax included), inclusive of all compensa�on paid a�er execu�on of the
Agreement and Amendments 1 through 3, but prior to this Amendment.
Recommenda�on: Staff recommends the Council authorize the Mayor to execute Amendment No.
5 to Agreement No. C002-21 with AtWork! Commercial Enterprise, LLC for Tremont Landscaping
Maintenance, extending the Agreement to December 31, 2024, and increasing the contract amount
for the extension period.
City of Port Orchard
216 Prospect Street Port Orchard, WA 98366
cityhall@portorchardwa.gov | (360) 876-4407
www.portorchardwa.gov
Approval of Amendment No. 5 to
Contract No. 002-21 with AtWork!
Commercial Enterprise, LLC for Tremont
Landscaping Maintenance
Page 4 of 126
Staff Report 4C
Page 2 of 2
Rela�onship to Comprehensive Plan: N/A
Mo�on for considera�on: I move to authorize the Mayor to execute Amendment No. 5 to
Agreement No. C002-21 with AtWork! Commercial Enterprise, LLC for Tremont Landscaping
Maintenance.
Fiscal Impact: This work is budgeted in the 2023-2024 budget (GL 002.05.542.70.40).
Alterna�ves: Do not approve and provide further guidance.
Atachments: Amendment No. 5, Exhibits, Copy of Contract C002-21
Page 5 of 126
CITY OF PORT ORCHARD
Authorization for Amendment No. 5
Date: April 9, 2024
Project: Tremont Landscaping
Maintenance
Contractor: AtWork! Commercial Enterprise, LLC
1935 152nd Pl NE
Contract / Job # coo2-21 --------------
Bellevue,WA 98007
This Amendment Authorizes the following changes to Purchased Service Agreement C002-21, as amended: Section lC.-
Services by Vendor. is amended to read as follows: This Agreement shall commence on January 1, 2021 ("Commencement
Date") and shall terminate December 31, 2024,
Section 3. Compensation. TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed
$112,278.05 (applicable tax included) without written authorization and will be based on billing rates and
reimbursable expenses attached hereto as Exhibit A (revised), inclusive of all compensation paid after execution of
the Contract and Amendments 1,2,3 & 4 but prior to this Amendment.
This change order extends the dates and increases the annual contract amount to capture the increased material costs due to
inflation. In all other respects the Underlying agreement between the parties shall remain in full force and effect, amended as
set forth herein. but onlv as set forth herein.
Contract History
Amount Sales Tax Total Date Appvd bv
Orhdnal Contract-2021 $24,939.20 $0.00 $24,939.20 24-Nov-20 Council
Amendment 1-2022 $24,939.20 $0.00 $24,939.20 29-Nov-21 PW Director
Amendment 2-2023 $29,959.41 $0.00 $29,959.41 13-Dec-22 Council
Amendment 3 $0.00 $0.00 $0.00 27-Nov-23 PW Director
Amendment4 $0.00 $0.00 $0.00 27-Mar-24 PW Director
Amendment 5-2024 $32,440.24 $0.00 $32,440.24 09-Apr-24 Council
Total Contract $112,278.05 $0.00 $112,278.05
I have reviewed the Amendment information above and certify that to the best of my knowledge
descriptions and costs are true and accurate.
f)tl):q:.,.,,�
Public Works Contracts Greater than $35,000: Change Orders that do not exceed
10%, with a maximum of $50,000, of either legally authorized budget limit or contract
amount established by City Council can be approved by the Public Works Director.
Total Contract Amount shall reset to reflect new Council-approved contract totals
authorized prior to the requested change order. $50,000-$100,000 require Mayoral
Approval. $100,000 and over require Council Approval
Public Works Contracts under $35,000. change orders that individually do not exceed
$7,500 with an aggregate cap of $10,000.
Public Works Contracts unbudgeted and under $7,500: All Change Orders that do
not exceed an aggregate cap of $7,500 (Excluding underlying value), provided there
are departmental funds available in the budget.
All Departments: Mayor approves any and all Change orders that do not exceed 10%
of either authorized budget limit or contract amount established by City Council.
With a maximum aggregate amount of $100,000. Total Contract Amount shall reset
to reflect new Council-approved contract totals authorized prior to the requested
change order. Any individual Change order that is over $100,000 requires Council
approval,
Page 1 of 20
Approved:
Attest:
Public Works Director
Printed Name
----------------Mayor
City Clerk
Council Approval Date
II
Denis Ryan
Page 6 of 126
Page 7 of 126
Page 8 of 126
Page 9 of 126
Exhibit B
Scope of Services
Schedule A
Location Description of Work
Tremont and surrounding areas
(Exhibit A)
1. Mowing/weed eating
2. Edging
3. Weeding
4. Fertilize Grass
5. Migration prevention of
surrounding vegetation into right of
way
6.Pruning
7. Blow/clean sidewalks
8. Debris/garbage clean-up
Scope of Services Details (Each description of work to be performed per the Schedule
of Contract Pricing monthly interval schedule. All invoices shall include the dates, location and
description of work performed.)
1.Mowing/Weed Eating- Grass areas shall be mowed and edged per the schedule of
pricing frequency for the corresponding month. If mowing is not feasible due to uneven
terrain conditions, then weed eating is acceptable for those areas. Clippings shall be
hauled away by the contractor.
2.Edging- Grass areas shall be edged, as needed, keep the grass from growing into barked
areas or onto sidewalks. Clippings shall be hauled away by the contractor.
3.Weeding- All barked/mulched areas shall be weeded per the schedule of pricing
frequency for the corresponding month. Weeds shall be hauled away by the contractor.
4.Fertilize grass- All grass areas shall be fertilized 2times per year.
5.Migration prevention of surrounding vegetation- All areas in Exhibit A that abut
neighboring property or woodland buffers shall be maintained, as needed, to prohibit
encroachment into the landscaped area/right of way. This shall include weed eating,
spraying of vegetation killer (glyphosate free), and pruning if needed. Care must be
taken to avoid damage to homeowners landscaping. Trimmings shall be hauled away by
the contractor.
6.Pruning- See Exhibit C for pruning requirements/time of year for associated
plants/shrubs/trees. Pruning of shrubs/trees shall keep the sidewalks and street clear
for pedestrian/vehicle travel. Pruning shall also keep the curbs, sidewalks, and street
Page 10 of 126
Exhibit B
clear from groundcover encroachment. Trimming to remove ground cover
encroachment may be done outside of the timeline detailed in EXHIBIT C Trimmings
shall be hauled away by the contractor.
7.Blow/Clean Sidewalks- All sidewalks shall be blown to keep sidewalks clear of leaves
and associated landscaping debris. Debris shall be hauled away by the contractor.
8.Debris/Garbage Clean-up- Sticks/branches/leaves/and litter (garbage) through the
landscaped areas shall be cleared and hauled away by the contractor.
Page 11 of 126
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EXHIBIT C
Page 12 of 126
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NOTES:
1.SEE VG-1 A FOR GENERAL PLANTING NOTES.
2.SEE VG-1 B FOR PLANTING SCHEDULES.
3.SEE VG-15 AND VG-16 FOR PLANTING
DETAILS.
TREE LOCATION TABLE
POINT NO. STATION OFFSET
Al 13+80.00 26.99 LT
A2 14+35.00 26.99 LT
A3 14+75.00 26.99 LT
A4 15+15.00 26.99 LT
AS 15+54.99 26.99 LT
A6 15+95.00 26.99 LT
A7 16+40.00 27.12 LT
A8 17+15.45 31 LT
TREE LOCATION TABLE
POINT NO. STATION OFFSET
Cl 16+35.00 2.41 C
C2 16+75.00 0.56 C
C3 17+14.99 0.35 C
40
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TOP MULCH
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EXHIBIT C
Page 13 of 126
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2.SEE VG-1 B FOR PLANTING SCHEDULES.
3.SEE VG-15 AND VG-16 FOR PLANTING
DETAILS.
TREE LOCATION TABLE
POINT NO. STATION OFFSET
A9 21+36.15 36
TREE LOCATION TABLE
POINT NO.
B8
LEGEND
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STATION OFFSET
21+36.14 31.54
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TOP MULCH
RT
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Page 14 of 126
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TREE LOCATION TABLE
POINT NO. STATION OFFSET
AlO 22+66.15 36 LT
All 23+1.15 36 LT
A12 23+37.88 36 LT
A13 23+74.60 36 LT
A14 24+48.06 36 LT
TREE LOCATION TABLE
POINT NO. STATION OFFSET
B9 21+76.14 36 RT
B10 22+16.15 36 RT
B11 23+74.61 36 RT
B12 24+11.33 36 RT
B13 24+48.06 36 RT
TREE LOCATION TABLE
POINT NO. STATION OFFSET
C4 21+76.15 0 C
cs 23+37.88 0 C
C6 23+74.60 0 C
C7 24+11.33 0 C
CB 24+48.06 0 C
C9 24+82.95 0 C
LEGEND
--CG--CLEARING LIMIT
RESTORATION AREAS
TOP MULCH ///////////
///////////
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EXHIBIT C
Page 15 of 126
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feet
LEGEND
--CG--CLEARING LIMIT
RESTORATION AREAS
TOP MULCH ///////////
///////////
J PREVIOUSLY APPLIED J SEEDING PER TESC PLANS
NOTES: 1.SEE VG-1 A FOR GENERAL PLANTING NOTES.2.SEE VG-1 B FOR PLANTING SCHEDULES.3.SEE VG-15 AND VG-16 FOR PLANTINGDETAILS.
TREE LOCATION TABLE
POINT NO. STATION OFFSET
A15 25+23.06 36 LT
A16 25+63.06 35.99 LT
A17 26+29.95 36.03 LT
A18 27+19.99 36 LT
A19 27+54.99 36 LT
A20 27+94.99 36 LT
A21 28+34.99 36 LT
TREE LOCATION TABLE
POINT NO. STATION OFFSET
B14 25+23.06 36.01 RT
B15 27+20.07 35.94 RT
B16 27+30.92 35.95 RT
B17 27+94.99 36 RT
B18 28+34.96 36 RT
TREE LOCATION TABLE
POINT NO. STATION OFFSET
ClO 25+23.06 0 C
C11 25+63.08 0 C
C12 27+54.99 0 C
C13 27+94.99 0 C
C14 28+34.99 0 C
CJlC.. STATE OF '""' WASHINGTON KEY PLAN �� ��Ed 1 "' ERIC PAUL SCHMIDT CONFORMED SET ;:: � CERTIFICATE NO. 273 /-s �,1--------------------------------------------r--------------r--------"T""--------r-----------,r--------------------------------.--------------, u.J .. E 6 CALL 48 HOURS BEFORE YOU DIG
• DRAWN BY JK CITY OF PORT ORCHARD DRAWING NO. VG-6
�D :-,�,l ,__-___ ....... -+-______________ 1=-8
=
0
=
0 -=4=24=-5
=
5
=
55
=========== '--� BergerAB' A � A"TREMONT sTREET w1DEN1NG �: __ ;, !/"\.l.Vl DESIGN BY JK SR 16 TO PORT ORCHARD BLVD PROJECT NO. FAPWT-06-036i i1----+------------------+---+---+-----t 33301 9th Avenue South, Suite 300 CHECK BY ES DATE: Apr 27, 2017
�]1-----4------------------+--+-----+----1 Federa 1 Way,Washin gton98003-2600 ES PLANTING PLAN -SHEET 5
�� 1----+-------------------,----;-----,-----, (206)431-2300 Fax: (206) 431-2250 PROJ MGR SHEET NO. ----=2=2=0_.o,.,_f-=2=3=0 __
��L.:M�A�R�K�-----�R�E�V�IS�IO�N:..::,;DE�S�C�Rl�P�Tl �ON�----L...:B�Y ..J..:A�P�P�.l....:D�A�TE:;_L-_______________ ...1.. ____________ __. _______ _,J"----------JL----------...L..-------------------------------...._------------�
EXHIBIT C
5
--
-
-
-
-
-
V
G
-
7
Page 16 of 126
-�C. 0 ()
...J E �I �r--.
(I)� .4= w-...J <I>_ "u.. 8" f-ow ..., w ::, I <� st(.') "."!:S:r--Cl":': i:::
(X) zr--0 _:;;; ow"! 0:: ... !:::
;:: :j
r--..:=
I U..
C)
>::;; c,,o._ '""'-q"' QM
I r--� Q I N - rir--�
\
--
I I
I
\ I I
-'"'------// -
M M
r
PLAN 20 0 20
SCALE: 1 "=20' scale
"t
,+.. · C\l ·.·.
CV) co-I;:.. C) /4'= > 32+ o I� I-
C/) tH llJ J: � z Cl) �---1 llJ ,-., -------I J: llJ _,o cn... I-.. · ...
feet
LEGEND
. ·.·.
40
I<(' u�
--CG--
///////////
///////////
CLEARING LIMIT
RESTORATION AREAS
TOP MULCH
I w w w J PREVIOUSLY APPLIED �. ����J SEEDING PER TESC PLANS
STATE OF
WASHINGTON
REGISTERED �51:d' ERIC PAUL SCHMIDT CERTIFICATE NO. 273
NOTES: 1.SEE VG-1 A FOR GENERAL PLANTING NOTES.2.SEE VG-1 B FOR PLANTING SCHEDULES.3.SEE VG-15 AND VG-16 FOR PLANTINGDETAILS.
TREE LOCATION TABLE
POINT NO. STATION OFFSET
A22 28+74.99 36 LT
A23 29+19.99 36 LT
A24 29+59.99 36 LT
A25 30+0.00 36 LT
A26 30+39.99 36 LT
A27 30+79.99 36 LT
TREE LOCATION TABLE
POINT NO. STATION OFFSET
B19 28+74.99 36 RT
B20 29+59.99 36 RT
B21 30+39.99 36 RT
B22 30+79.99 36 RT
TREE LOCATION TABLE
POINT NO. STATION OFFSET
C15 28+74.99 0 C
C16 29+19.99 0 C
C17 29+59.99 0 C
C18 30+0.00 0 C
C19 30+40.00 0 C
C20 30+80.00 0 C
C21 31+43.99 0 C
C22 31+83.99 0 C
KEY PLAN
CONFORMED SET /-s ��I------------------------------T"'""-----------------"T"""--------------,---------,---------"T"------------,r-----------------------------------,---------------1 u.J .. E 6 CALL 48 HOURS BEFORE YOU DIG s--"' .I� DRAWN BY �J=K� ff :===========1=-s=o=o =-4=24=-=ss=s=s=========== ,...._� BergerABAM DESIGN BY �JK_
CITY OF PORT ORCHARD
TREMONT STREET WIDENING
SR 16 TO PORT ORCHARD BLVD
DRAWING NO. VG-7
PROJECT NO. FAPWT-06-036i i1----+-------------------+---+---+-------1 33301 9th Avenue South, Suite 300 CHECK BY -=E=S�DATE: Apr 27, 2017 �] 1-------+--------------------+----+---+-----1 Federal Way, Washington 98003-2600 PROJ MGR ES
�� 1----+--------------------.-----;-----,-----,(206)431-2300 Fax: (206) 431-2250 SHEET NO. ----=2=2..,_1_.o,.,_f-=2=3=0 __��L=M�AR�K.:.,_1..,_ _____ �R�E�V�IS�IO�N:...::D�E�SC�R�IP�T�IO�N.:.,_ ____ ..J...�B�Y...J..�A�PP� . .J...�D�A�TE:;_,L_ _________________ .1... _____________ ....,1 ________ ...1. ________ ....... __________ ___.1,,_ __________________________________ .,_ ____________ ___,
PLANTING PLAN -SHEET 6
EXHIBIT C
Page 17 of 126
Q)
Q)
SEE SHEET VG-14
MATCHLINE STA "P" 77+20
<(
<( CD
Q)
Q) CD
@
·.:::
UJ z
I
l I
TREMONT ST
C23
-// -
--
-M ---M
•
\ \ \
�\ \ \ \ \
\ ,!: \
\ I I \
I -
,!:
-...�-u-�-u ----u"r---
...J E �I �r--.
(I)� .4= w-...J <I>_ "u.. 8" f-ow ..., w ::, I <�
en(.')"':'::;:r----Cl "':': i:::(X) z,-...0 _:;;; ow "! 0::
-
_I __ _ v� ---����'-"'------·---'' ;::� MATCHLINE STA "P" 73+91 (X) =
I U..
35+oo
"'--20 0 20 40
NOTES:
1.SEE VG-1 A FOR GENERAL PLANTING NOTES.
2.SEE VG-1 B FOR PLANTING SCHEDULES.
3.SEE VG-15 AND VG-16 FOR PLANTING
DETAILS
TREE LOCATION TABLE
POINT NO.
C23
LEGEND
--CG--
///////////
///////////
STATION OFFSET
32+23.99 0
CL EARING LIMIT
RESTORATION AREAS
TOP MULCH
C
J PREVIOUSLY APPLIED ���-�J SEEDING PER TESC PLANS
:,� SEE SHEET VG-13 scale feet
STATE oF '""'WASHINGTON KEY PLAN �� PLAN ��E1r
::-1;SCALE: 1"=20'ERICPAULSCHMIDT CONFORMED SET ' - •CERTIFICATE NO. 273/-s �,1-------------------------------------------"T"'""------------,r-------""'T-------"T""---------"T""-------------------------------.------------, u.J ..
E ! CALL 48 HOURS BEFORE YOU DIG
• DRAWN BY JK CITY OF PORT ORCHARD DRAWING NO. VG-8
�D �,�>l ..... ,__==========1=-8
=
0
=
0 -=4=24=-5
=
5
=
55
=========== '--� BergerAB' A � A" TREMONT sTREET w1DEN1NG �: __ ;, !/"\1.Vl DESIGN BY JK SR 16 TO PORT ORCHARD BLVD PROJECT NO. FAPWT-06-036 i i1----+------------------+----+---+-----1 33301 9th Avenue South, Suite 300 CHECK BY ES DATE: Apr 27, 2017 �j,__ _ ____._ ______________ --+--+-----+---1 Federa1Way,Washington98003-2600 ES PLANTING PLAN -SHEET 7� � (206)431-2300 Fax: (206) 431-2250 PROJ MGR 222 f 230 _'.::;---1-----1-------------------,.----i----,------, SHEET NO. ----===-=o.:...==-=---� � L..:M�A�R�K...J... _____ �RE�V�IS�IO�N:..::.:DE�S�C�Rl �P T�IO�N�---__,!_�B�Y...J...A�P�P�-1......:D�A�TE;;....J'-------------------'--------------L-------J.----------'.,_-----------'.,_--------------------------------------------'
EXHIBIT C
Page 18 of 126
"Cr---------------------------------------------------------------------------------------------------------------------------------NOTES: 1. SEE VG-1 A FOR GENERAL PLANTING NOTES . 2.SEE VG-1 B FOR PLANTING SCHEDULES.
<( � � ';!; Q)
Q) Cl]
@
-�C. 0 ()
-f
...J E �1 �r--.
(I)� .4= w -...J <I>_ "u.. 8" f-ow ..., w::, I <� en(.') '?. :;: co Cl ":': i::: co z ,.._ 0 _:;;; ow"! 0::... !:::
;:: :j
O'):=
I-')(;
•
�STOR rf'oNr \ I ,28 sf)
{',(:
B IX 2
__.-::.....:.TR.-::'EMONT
C24 --• • •
u
Q c:. s
__,..-----FC25-�------------
0
0
� \
:,, \ � \I \
\' *
PLAN SCALE: 1 "=20'
\
I
\
I
I
20
scale
\ I
0 20
LP 6
feet
I U..
C) >::;; c,,o,_'""' -q"' QM
1 ,.._
STATE OF
:':; 0
WASHINGTON
\
40
3.SEE VG-15 AND VG-16 FOR PLANTINGDETAILS.
TREE LOCATION TABLE
POINT NO. STATION OFFSET
A28 36+47.04 36
A29 37+65.51 36
A30 38+5.50 36
A31 38+39.50 36
TREE LOCATION TABLE
POINT NO. STATION OFFSET
B23 36+54.35 43.34
B24 36+98.98 39.31
B25 38+6.11 37.09
B26 38+40.11 36.8
B27 39+50.00 36
TREE LOCATION TABLE
POINT NO. STATION OFFSET
C24 37+25.82 1.71
C25 37+65.82 1.38
C26 38+79.82 1.19
LEGEND
--CG--CLEARING LIMI T
RESTORATION AREAS
/////////// /////////// TOP MULCH
LT
LT
LT
LT
RT
RT
RT
RT
RT
C
C
C
1 PREVIOUSLY APPLIED SEEDING PER TESC PLANS
I N
REGISTERED
ERIC PAUL SCHMIDT co N FORM
�� CALL 48 HOURS BEFORE YOU DIG
ema�uo. m ED SET
!D� ;_
i
_ r----,-____ 1_-a_o_o-_4_24.:....-s=-=s-=-ss=-------,------.------.--J f I BergerABAM DRAWN BY JK CITY OF PORT ORCHARD
� -
-DESIGN BY JK TREMONT STREET WIDENING
� j ti-_-_-_-_-1
1 _-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_----+-I---_-_tf-_-_-j_+-_-_-__ _J_J
33301 9th Avenue South, Suite 300 CHECK BY ES
SR 16 TO PORT ORCHARD BLVD
"' 00
Federal Way, Washington 98003-2600
�� IIM�A"R"'K�------R;:;;E::-;-V;;-;:IS:;-;IO:;-;-N�DE;:-::S:-;;C:;:::-R:-::IP-=r1-=-0N:-:------I---B-Y----I-A-P_P _. +-D-A-TE_J (206)431-2300 Fax: (206) 431-2250 p R OJ MGR ES PLANTING PLAN -SHEET 8
DRAWING NO. VG-9
PROJECT NO. FAPWT-06-036
DATE: Apr27,2017
SHEET NO. 223 of230
EXHIBIT C
Page 19 of 126
n
ci
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0 iii -= I lJ_
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[l_ --' 0 I N - rir-- -/-s
[/")--, u.J i::C: 0 e--"' u.J a, u.J,5= :r:-[/") a, ,,.... ::, C)8"� ., D--, ,,.... ..e- >, z .c 0 "C ::s � u.J ., "' en ,'.::;--.. "' ::, ., _J
CALL 48 HOURS BEFORE YOU DIG _____ 1_-s_oo_-4 _24_-s _ss_s_--.--.......----.-----fJ BergerABAM
MARK REVISION DESCRIPTION BY APP. DATE
33301 9th Avenue South, Suite 300
Federal Way, Washington 98003-2600
(206)431-2300 Fax: (206) 431-2250
PLAN
SCALE: 1 "=20'
DRAWN BY JK
DESIGN BY JK
CHECK BY
PROJ MGR
ES
ES
FLICT WITH
U ILITY PIPE. ADJUST
OCATION OF TREES IN FIEL D.
20
scale
0
STATE OF
WASHINGTON
REGISTERED
20
�51:d' ERIC PAUL SCHMIDT CERTIFICATE NO. 273
40
feet
CITY OF PORT ORCHARD TREMONT STREET WIDENING SR 16 TO PORT ORCHARD BLVD
PLANTING PLAN -SHEET 9
NOTES:
1.SEE VG-1 A FOR GENERAL PLANTING NOTES.
2.SEE VG-1 B FOR PLANTING SCHEDULES.
3.SEE VG-15 AND VG-16 FOR PLANTING
DETAILS.
TREE LOCATION TABLE
POINT NO. STATION OFFSET
A32 40+80.00 36.02
A33 41+31.73 35.98
A34 41+90.00 36
A35 42+25.00 36
A36 43+45.00 36
TREE LOCATION TABLE
POINT NO.
B28
B29
B30
B31
B32
B33
LEGEND
--CG--
///////////
///////////
STATION OFFSET
41+0.00 35.92
41+89.96 36
42+25.00 36
42+60.00 36
43+5.00 36
43+45.00 36
CLEARING LIMIT
RESTORATION AREAS
TOP MULCH
LT
LT
LT
LT
LT
RT
RT
RT
RT
RT
RT
I "' I PREVIOUSL y AP PLIED
�-"'-"'--�"' SEEDING PER TESC PLANS
KEY PLAN
CONFORMED SET
DRAWING NO. VG-10
PROJECT NO. FAPWT-06-036
DATE: Apr 27, 2017
SHEET N 0. _ _,2=2 ..... 4_.o,.,_f =23=0.___
EXHIBIT C
Page 20 of 126
,--<
ci
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Cl z i= z :"i"-rn �
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�...J s-u::: of-,w ::,W<CI en .,,-st(.') .. :;: �Cl <O i::: z r--0 ;; :;;; NW- 0:::": f--�r---iii-= I lJ_
C) >::;;
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I ,.._
[l_ --' 0 I N - rir-- -/-s
[/')-, u.J i::C: 0
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/ ::, C) 8'� ., D-,
/ .. >- >, z .c 0 'C ::s �u.J ., "' en _'.::;--.. "' ::, ., ...J
T
CALL 48 HOURS BEFORE YOU DIG _____ 1_-s_oo_-4 _24_-s _ss_s_--.--.......----.-----fJ BergerABAM
MARK REVISION DESCRIPTION BY APP. DATE
33301 9th Avenue South, Suite 300
Federal Way, Washington 98003-2600
(206)431-2300 Fax: (206) 431-2250
ANU t-'LAl,t.U mr1,M1 ,
ETAIL ON DRAWING -p
'v-----,�
SHRUB MIX 1 (6,397 sf)
TOP MULCH, TYP.
"
. � . ,:;,_ ..
w w w
'---RESTORATION SHRUB MIX 2 (1,725 sf)
PLAN
SCALE: 1 "=20'
DRAWN BY JK
DESIGN BY JK
CHECK BY
PROJ MGR
ES
ES
"'
w w
w w OHP,,
w w w w
"' "' "'
w w
w
w w w w w
"' "' "' w
20 0
scale
20 40
feet
STATE OF
WASHINGTON
REGISTERED �51:d' ERIC PAUL SCHMIDT CERTIFICATE NO. 273
CITY OF PORT ORCHARD TREMONT STREET WIDENING SR 16 TO PORT ORCHARD BLVD
PLANTING PLAN -SHEET 10
NOTES: 1.SEE VG-1 A FOR GENERAL PLANTING NOTES.2.SEE VG-1 B FOR PLANTING SCHEDULES.3.SEE VG-15 AND VG-16 FOR PLANTINGDETAILS.
TREE LOCATION TABLE
POINT NO. STATION OFFSET
A37 43+85.00 36 LT
A38 44+20.00 36 LT
A39 44+70.00 36 LT
A40 45+10.00 36 LT
TREE LOCATION TABLE
POINT NO. STATION OFFSET
B34 43+85.00 36 RT
B35 44+20.00 36 RT
B36 44+70.00 36 RT
B37 45+10.00 36 RT
LEGEND
--CG--CLEARING LIMI T
RESTORA TION AREAS
TOP MULCH ///////////
/////////// I ., w ., J PREVIOUSLY APPLIED
�---��J SEEDING PER TESC PLAN S
KEY PLAN
CONFORMED SET
DRAWING NO. VG-11
PROJECT NO. FAPWT-06-036
DATE: Apr 27, 2017
SHEET N 0. _ _,2=2=5_.o,.,_f =23=0.___
EXHIBIT C
Page 21 of 126
ci
z <( u: Cl "-m.0 a 3l �-m .e .,,�C' u .e,,
':f <( U>
"' ,--< 0 ;;, ,--< ;:::
,--<. ,--< .... w w :r: U>
z :"i"-
Cl z i= z :"i"-rn �
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Cl -�C.0 ()
Cl � ""! -0'
E -' ,_ I ,,,_,.._ ,,--� 00-w
�...J s-u:::of-,w
::,W <CI en ..... -'° (.') .. :;: �Cl <O i::: z r--0 ;; :;;; NW • 0:::": f--� r--::,
N iii -= I u..
C) >::;;c,,a_ '""' ""! "' QM
I ,.._
D.. --' 0 I N - rir-- -/-s
[/')-, u.J i:: C: 0
e--"' u.J a, u.J,5= :r:-[/') a,
/ ::, C) 8'� ., D-,
/ .. e- >, z .c 0 'C ::s � u.J ., "' en ,'.::;--.. "' ::, ., ...J
I
I _____ l�
PLAN
SCALE: 1 "=20' 20
scale
0 20 40
feet
CALL 48 HOURS BEFORE YOU DIG _____ 1_-s_oo_-4 _24_-s _ss_s_--.--.....,......-...,......---fJ BergerABAM
MARK REVISION DESCRIPTION BY APP. DATE
33301 9th Avenue South, Suite 300
Federal Way, Washington 98003-2600
(206)431-2300 Fax: (206) 431-2250
SE 1/4, SEC 34, T. 24 N., R. 1 E, W.M.
/
DRAWN BY JK
DESIGN BY JK
CHECK BY ES
PROJ MGR ES
STATE OF
WASHINGTON
REGISTERED �51:d' ERIC PAUL SCHMIDT CERTIFICATE NO. 273
PLAN
SCALE: 1 "=20'
CITY OF PORT ORCHARD
TREMONT STREET WIDENING
SR 16 TO PORT ORCHARD BLVD
PLANTING PLAN -SHEET 11
20 0- -- -
scale
NOTES:
20 40
feet
1.SEE VG-1 A FOR GENERAL PLANTING NOTES.
2.SEE VG-1 B FOR PLANTING SCHEDULES.
3.SEE VG-15 AND VG-16 FOR PLANTING
DETAILS.
LEGEND
--CG--
///////////
///////////
CLEARING LIMIT
RESTORATION AREAS
TOP MULCH
J PREVIOUSLY APPLIED �����J SEEDING PER TESC PLANS
KEY PLAN
CONFORMED SET
DRAWING NO. VG-12
PROJECT NO. FAPWT-06-036
DATE: Apr 27, 2017
SHEET NO. _ __,2=2=6'--"o,.,_f =23=0.____
EXHIBIT C
Page 22 of 126
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Cl zi=z �"-rn �
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E -' ,_ I ,,,_,.._ ,,--� 00-w �...J s-u:::of-,w�w<CI �-(.')":C :s: �Cl <O i::: zr--0;; :;;;NW- 0:::": f--�r--.,., iii-= I lJ_
C) >::;; C,,Q_ '""'""!"'QM I ,.._ [l_ --' 0 I N - rir-- -/-s[/')-, u.J i::C: 0
e--"' u.J a,u.J,5=:r:-[/') a,/ ::, C) 8' � .,D-, / .. e- >, z .c 0 'C � �u.J .,"' rJ) _'.::;--.. "' ::, ., ...J
[ I I Q_ I
I
I I I I
I L __
• • i
---w-------w-------w---------w-----70+00 71+00
-------------- -�-=-:_..-=�-, ------7 x--I
CALL 48 HOURS BEFORE YOU DIG _____ 1 _-s_oo_-4 _24_-s _ss_s_--.--....------.-----fJ BergerABAM
MARK REVISION DESCRIPTION BY APP. DATE
33301 9th Avenue South, Suite 300
Federal Way, Washington 98003-2600
(206)431-2300 Fax: (206) 431-2250
..,.._,_f--------\-M -72+00 -M ---�:--:A��----->\-M --\--M __ ___,._ __ -++--+-
VE
� --• • ' .
73+ D0
\
DRAWN BY JK
DESIGN BY JK
CHECK BY ES
PROJ MGR ES
PLAN
SCALE: 1 "=20'
20
scale
STATE OF WASHINGTON REGISTERED
0
�51:d' ERIC PAUL SCHMIDT CERTIFICATE NO. 273
20 40
feet
CITY OF PORT ORCHARD TREMONT STREET WIDENING SR 16 TO PORT ORCHARD BLVD
PLANTING PLAN -SHEET 12
\
\
\
NOTES: 1.SEE VG-1 A FOR GENERAL PLANTING NOTES.2.SEE VG-1 B FOR PLANTING SCHEDULES.3.SEE VG-15 AND VG-16 FOR PLANTINGDETAILS.
LEGEND
--CG--CLEARING LIMIT
RESTORATION AREAS
TOP MULCH //////////// ///////////
"' "' "' "'I PREVIOUSLY APPLIED
. SEEDING PER TESC PLANS
KEY PLAN
CONFORMED SET
DRAWING NO. VG-13
PROJECT NO. FAPWT-06-036
DATE: Apr 27, 2017
SHEET N 0. _ _,2=2..,_7_.o,.,_f =23=0.___
EXHIBIT C
Page 23 of 126
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MARK REVISION DESCRIPTION BY APP. DATE
33301 9th Avenue South, Suite 300
Federal Way, Washington 98003-2600
(206)431-2300 Fax: (206) 431-2250
/
/ / /
DRAWN BY JK
DESIGN BY JK
CHECK BY ES
PROJ MGR ES
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SCALE: 1 "=20'
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STATE OF WASHINGTON REGISTERED �51:d' ERIC PAUL SCHMIDT CERTIFICATE NO. 273
CITY OF PORT ORCHARD TREMONT STREET WIDENING SR 16 TO PORT ORCHARD BLVD
PLANTING PLAN -SHEET 13
NOTES: 1.SEE VG-1 A FOR GENERAL PLANTING NOTES.2.SEE VG-1 B FOR PLANTING SCHEDULES.3.SEE VG-15 AND VG-16 FOR PLANTINGDETAILS.
LEGEND
--CG--CLEARING LIMIT
--RESTORATION AREAS
/////////// /////////// TOP MULCH
PREVIOUSLY APPLIED SEEDING PER TESC PLANS
KEY PLAN
CONFORMED SET
DRAWING NO. VG-14
PROJECT NO. FAPWT-06-036
DATE: Apr 27, 2017
SHEET N 0. _ _,2=2=8"-"o,.,_f =23=0.___
EXHIBIT C
Page 24 of 126
Page 25 of 126
CITY OF PORT ORCHARD PURCHASED SERVICE AGREEMENT
THIS Agreement ("Agreement") is made effective as of the 20 day of November, 2020, by and
between the City of Port Orchard, a municipal corporation, organized under the laws of the State of
Washington, whose address is:
CITY OF PORT ORCHARD, WASHINGTON (hereinafter the "CITY")
216 Prospect Street
Port Orchard, Washington 98366
Contact: Mayor Robert Putaansuu Phone: 360. 876.4407 Fax: 360.895.9029
And AtWork! Commercial Enterprise LLC a Limited Liability Company (describe the type of
organization, whether corporation, sole proprietorship, etc.), organized under the laws of the State of
Washington, doing business at:
Atwork! Commercial Enterprise LLC (hereinafter the "VENDOR")
1935 152nd PINE
Bellevue, WA 98007
Contact: John Song Phone: 206.434.6623 Email: johnsI@workwa.org
for purchased services performed in connection with the following:
2021 Tremont Landscaping Maintenance
TERMS AND CONDITIONS
1. Services by Vendor.
A. The Vendor shall perform the services described in the Scope of Work attached to this
Agreement as Exhibit "A." The services performed by the Vendor shall not exceed the Scope of Work
without prior written authorization from the City.
B. The City may from time to time require changes or modifications in the Scope of Work.
Such changes, including any decrease or increase in the amount ofcompensation, shall be agreed to by the
parties and incorporated in written amendments to the Agreement.
C. This Agreement shall commence on January 111, 2021, ("Commencement Date") and shall
terminate December 31", 2021, unless extended or terminated in writing as provided herein. Additionally,
the City reserves the rights to review the Agreement at regular intervals to assure the quality of
services provided by the Vendor and to offer two (2) one-year extensions prior to contract expiration
to retain the Vendor's services.
D. Unless otherwise specified in the attached Scope of Work, all tools, equipment, supplies,
chemicals or any other materials necessary for the completion of the services described in the Scope of
Work shall be provided by the Vendor.
City of Port Orchard and Atwork! Commercial Enterprise LLC
Purchased Service Contract No. C002-21
Public Works Project No. PW2021-001
U:\Contracts\2021\C002-21 AtWork!\C002-21 AtWork! Commercial Enterprise, LLC.docx
1 of 11
Rev 4/ 10/2020
Page 26 of 126
E. The Vendor shall report any damage or potential hazard involving City property
immediately to the City of Port Orchard Public Works Department or in the case ofan emergency by calling
911. Hazardous conditions shall be immediately remedied or secured by the Vendor to prevent further
damage and/or to protect the public from injury.
F. Any incidents, accidents, or altercations with members of the public or with City staff shall
be immediately reported to the City of Port Orchard Public Works Department. The City's Public Works
Director may require a written report describing the incident or accident.
G. The Vendor shall remedy, in a timely manner, and at its expense, any damage to City
property due to the negligence of the Vendor or the Vendor's employees.
2. Schedule of Work.
A. The Vendor shall perform the services described in the scope of work in accordance with
the Schedule attached to this contract as Exhibit "A." If delays beyond the Vendor's reasonable control
occur, the parties will negotiate in good faith to determine whether an extension is appropriate.
B. The Vendor is authorized to proceed with services upon receipt of a written Notice to
Proceed.
3. Compensation.
LUMP SUM. Compensation for these services shall be a Lump Sum of $
X TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed
24,939.20 (applicable tax included) without written authorization and will be based on billing
rates and reimbursable expenses attached hereto as Exhibit "A".
TIME AND MATERIALS. Compensation for these services shall be on a time and materials basis
according to the list of billing rates and reimbursable expenses attached hereto as Exhibit " "
OTHER.
4. Payment.
A. The Vendor shall maintain time and expense records and provide them to the City monthly
after services have been performed, along with monthly invoices in a format acceptable to the City for work
performed to the date of the invoice.
B. All invoices shall be paid by City warrant within thirty (30) days of receipt of a complete
invoice. If the City objects to all or any portion of any invoice, it shall so notify the Vendor of the same
within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in dispute, and
the parties shall immediately make every effort to settle the disputed portion.
C. The Vendor shall keep cost records and accounts pertaining to this Agreement available
for inspection by City representatives for six (6) years after final payment unless a longer period is required
by a third -party agreement. Copies shall be made available on request.
City of Port Orchard and Atwork! Commercial Enterprise LLC
Purchased Service Contract No. C002-21
Public Works Project No. PW2021-001 Rev 4/ 10/2020
U:\Contracts\2021\C002-21 AtWork!\C002-21 AtWork! Commercial Enterprise, LLC.docx
2of11Page 27 of 126
D. If the services rendered do not meet the requirements of this Agreement, the Vendor will
correct or modify the work to comply with this Agreement. The City may withhold payment for such work
until the work meets the requirements of the Agreement.
5. Discrimination and Compliance with Laws
A. The Vendor agrees not to discriminate against any employee or applicant for employment
or any other person in the performance of this Agreement because of race, creed, color, national origin,
marital status, sex, age, disability, or other circumstance prohibited by federal, state, or local law or
ordinance, except for a bona fide occupational qualification.
B. Even though the Vendor is an independent contractor with the authority to control and
direct the performance and details of the work authorized under this Agreement, the work must meet the
approval of the City and shall be subject to the City's general right of inspection to secure the satisfactory
completion thereof.
C. The Vendor agrees to comply with all federal, state and municipal laws, rules and
regulations, including but not limited to all health and safety regulations applicable to the work that are now
effective or become applicable within the term(s) of this Agreement to the Vendor's business, equipment
and personnel engaged in operations covered by this Agreement or accruing out of the performance of such
operations. The Vendor shall comply with all federal and state laws applicable to independent contractors,
including, but not limited to, the Washington State Worker's Compensation and Unemployment Insurance
laws, and maintenance of a separate set of books and records that reflect all items of income and expenses
of the Vendor's business, pursuant to Revised Code of Washington (RCW) 51.08.195, as required by law,
to show that the services performed by the Vendor under this Agreement shall not give rise to an employer -
employee relationship between the parties, which is subject to Title 51 RCW, Industrial Insurance.
D. The Vendor shall comply with prevailing wage requirements under Washington law. See,
Prevailing Wage Addendum to this Agreement.
E. The Vendor shall obtain a City of Port Orchard business license prior to commencing work
pursuant to a written Notice to Proceed.
F. Violation of this Paragraph 5 shall be a material breach of this Agreement and grounds for
cancellation, termination, or suspension of this Agreement by the City, in whole or in part, and may result
in ineligibility for further work for the City.
6. Relationship ofParties. The parties intend that an independent contractor -client relationship will
be created by this Agreement. As the Vendor is customarily engaged in an independently established trade
which encompasses the specific service provided to the City hereunder, no agent, employee or
representative of the Vendor shall be or shall be deemed to be the employee, agent or representative of the
City. In the performance of the work, the Vendor is an independent contractor with the ability to control
and direct the performance and details of the work, the City being interested only in the results obtained
under this Agreement. None of the benefits provided by the City to its employees, including but not limited
to compensation, insurance, and unemployment insurance, are available from the City to the employees,
agents or representatives of the Vendor. The Vendor will be solely and entirely responsible for its acts and
for the acts of its agents, employees, representatives and sub -consultants during the performance of this
City of Port Orchard and Atwork! Commercial Enterprise LLC
Purchased Service Contract No. C002-21
Public Works Project No. PW2021-001 Rev 4/ 10/2020
U:\Contracts\2021\C002-21 AtWork!\C002-21 AtWork! Commercial Enterprise, LLC.docx
3of11Page 28 of 126
Agreement. The City may, during the term(s) of this Agreement, engage other independent contractors to
perform the same or similar work that the Vendor performs hereunder.
7. Suspension and Termination of Agreement
A. Termination without cause. This Agreement may be terminated by the City at any time for
public convenience, for the Vendor's insolvency or bankruptcy, or the Vendor's assignment for the benefit
of creditors.
B. Termination with cause. The Agreement may be terminated upon the default ofthe Vendor
and the failure of the Vendor to cure such default within a reasonable time after receiving written notice of
the default.
C. Rights Upon Termination.
1. With or Without Cause. Upon termination for any reason, all finished or unfinished
documents, reports, or other material or work of the Vendor pursuant to this Agreement shall be
submitted to the City, and the Vendor shall be entitled to just and equitable compensation for any
satisfactory work completed prior to the date of termination, not to exceed the total compensation
set forth herein. The Vendor shall not be entitled to any reallocation of cost, profit or overhead.
The Vendor shall not in any event be entitled to anticipated profit on work not performed because
of such termination. The Vendor shall use its best efforts to minimize the compensation payable
under this Agreement in the event of such termination. Upon termination, the City may take over
the work and prosecute the same to completion, by contract or otherwise.
2. Default. Ifthe Agreement is terminated for default, the Vendor shall not be entitled
to receive any further payments under the Agreement until all work called for has been fully
performed. Any extra cost or damage to the City resulting from such default(s) shall be deducted
from any money due or coming due to the Vendor. The Vendor shall bear any extra expenses
incurred by the City in completing the work, including all increased costs for completing the work,
and all damage sustained, or which may be sustained, by the City by reason of such default.
D. Suspension. The City may suspend this Agreement, at its sole discretion. Any
reimbursement for expenses incurred due to the suspension shall be limited to the Vendor's reasonable
expenses, and shall be subject to verification. The Vendor shall resume performance of services under this
Agreement without delay when the suspension period ends.
E. Notice of Termination or Suspension. If delivered to the Vendor in person, termination
shall be effective immediately upon the Vendor's receipt of the City's written notice or such date as stated
in the City's notice of termination, whichever is later. Notice of suspension shall be given to the Vendor
in writing upon one week's advance notice to the Vendor. Such notice shall indicate the anticipated period
of suspension. Notice may also be delivered to the Vendor at the address set forth in Section 14 herein.
8. Standard of Care.
City of Port Orchard and Atwork! Commercial Enterprise LLC
Purchased Service Contract No. C002-21
Public Works Project No. PW2021-001 Rev 4/ 10/2020
U:\Contracts\2021\C002-21 AtWork!\C002-21 AtWork! Commercial Enterprise, LLC.docx
4ofIIPage 29 of 126
The Vendor represents and warrants that it, and the Vendor's employees, have the requisite training, skill
and experience necessary to provide the services under this Agreement and are appropriately accredited
and licensed by all applicable agencies and governmental entities. Services provided by the Vendor and the
Vendor's employees under this Agreement will be performed in a manner consistent with that degree of
care and skill ordinarily exercised by members of the same profession currently practicing in similar
circumstances.
The Vendor and the Vendor's employees shall conduct themselves in a professional manner at all times
when on site. The Vendor's employees shall wear clothing and/or a uniform which clearly identifies them
as an employee of the Vendor.
The Vendor further represents and warrants that it shall provide proper supervision for any employees
utilized to perform the services herein and shall ensure that all employees are properly trained and qualified.
The Vendor shall ensure that all workplace safety requirements of state or federal law are strictly observed
at all times. The Vendor warrants that all employees have been trained to comply with state and federal
standards (including but not limited to standards for handling chemicals, WISHA and OSHA) relevant to
the duties to be performed in accordance with the Scope of Work.
9. Ownership and Use of Documents. All records, files, documents, drawings, specifications, data
or information, regardless of form or format, and all other materials produced by the Vendor in connection
with the services provided to the City, shall be the property of the City whether finished or not and also
whether the project for which they were created is executed or not.
10. Work Performed at the Vendor's Risk. The Vendor shall take all precautions necessary and
shall be responsible for the safety of its employees, agents and representatives in the performance of the
work hereunder, and shall utilize all protection necessary for that purpose. All work shall be done at the
Vendor's own risk, and the Vendor shall be responsible for any loss or damage to materials, tools, or other
articles used or held by the Vendor for use in connection with the work.
11. Indemnification. The Vendor shall defend, indemnify and hold the City, its officers, officials,
employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits,
including all legal costs and attorneys' fees, arising out of or in connection with the performance of this
Agreement, except for injuries and damages caused by the sole negligence ofthe City. The City's inspection
or acceptance of any of the Vendor's work when completed shall not be grounds to avoid any of these
covenants of indemnification. Nothing in this Agreement shall be construed as creating a liability or right
of indemnification in any third party.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then,
in the event of liability for damages arising out of bodily injury to persons or damages to property caused
by or resulting from the concurrent negligence of the Vendor and the City, its officers, officials, employees,
agents and volunteers, the Vendor's liability hereunder shall be only to the extent of the Vendor's
negligence. The provisions of this section shall survive the expiration or termination of this Agreement.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES
OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE
MUTUALLY NEGOTIATED THIS WAIVER. THE VENDOR'S WAIVER OF IMMUNITY UNDER
City of Port Orchard and Atwork! Commercial Enterprise LLC
Purchased Service Contract No. C002-21
Public Works Project No. PW2021-001 Rev 4/ 10/2020
U:\Contracts\2021\C002-21 AtWork!\C002-21 AtWork! Commercial Enterprise, LLC.docx
5of11Page 30 of 126
THE PROVISIONS OF THIS SECTION DOES NOT INCLUDE, OR EXTEND TO, ANY CLAIMS BY
THE VENDOR'S EMPLOYEES DIRECTLY AGAINST THE VENDOR.
12. Insurance. The Vendor shall procure and maintain for the duration of this Agreement, insurance
against claims for injuries to persons or damage to property which may arise from or in connection with the
performance of the work hereunder by the Vendor, its agents, representatives, or employees.
A. Minimum Scope of Insurance
Vendor shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non -owned, hired and leased
vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01
or a substitute form providing equivalent liability coverage. If necessary, the policy
shall be endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO occurrence form CG
00 01 or a substitute form providing equivalent liability coverage and shall cover
liability arising from premises, operations, independent contractors and personal injury
and advertising injury. The City shall be named by endorsement as an additional
insured under the Vendor's Commercial General Liability insurance policy with
respect to the work performed for the City.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the
State of Washington.
4. Professional Liability insurance appropriate to the Vendor's profession if applicable.
B. Minimum Amounts of Insurance
Vendor shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of $1,000, 000 per accident.
2. Commercial General Liability insurance shall be written with limits no less than
1,000,000 each occurrence, $2,000, 000 general aggregate.
Workers' Compensation Employer's Liability each accident $1,000, 000. Employer's
Liability Disease each employee $1,000,000, and Employer's Liability Disease —
Policy Limit $1,000.00.
4. Professional Liability insurance shall be written with limits no less than $1,000,000
per claim and $1,000,000 policy aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions for
Automobile Liability, Professional Liability and Commercial General Liability insurance (as
applicable to each line of coverage):
City of Port Orchard and Atwork! Commercial Enterprise LLC
Purchased Service Contract No. C002-21
Public Works Project No. PW2021-001 Rev 4/ 10/2020
U:\Contracts\2021\C002-21 AtWork!\C002-21 AtWork! Commercial Enterprise, LLC.docx
6of11Page 31 of 126
1. The Vendor's insurance coverage shall be primary insurance as respect the City. Any
insurance, self-insurance, or insurance pool coverage maintained by the City shall be
excess of the Consultant's insurance and shall not contribute with it.
2. The Vendor shall provide thirty (30) days written notice by certified mail, return
receipt requested, to the City prior to the cancellation or alteration of coverage.
The City will not waive its right to subrogation against the Vendor. The Vendor's
insurance shall be endorsed to waive the right of
subrogation against the City, or any self-insurance, or insurance pool coverage
maintained by the City.
4. If coverage is written on a "claims made" basis, then a minimum of a three (3) year
extended reporting period shall be included with the claims made policy, and proof
of this extended reporting period provided by the City.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII.
E. Verification of Coverage
The Vendor shall furnish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured endorsement,
evidencing the insurance requirements of the Vendor before commencement of the work.
13. Assigning or Subcontracting. The Vendor shall not assign, transfer, subcontract or encumber any
rights, duties, or interests accruing from this Agreement without the express prior written consent of the
City, which consent may be withheld in the sole discretion of the City.
14. Notice. Any notices required to be given by the City to the Vendor or by the Vendor to the City shall
be in writing and delivered to the parties at the following addresses:
Robert Putaansuu
Mayor
216 Prospect Street
Port Orchard, WA 98366
Phone: 360.876.4407
Fax: 360.895.9029
VENDOR
Attn: Atwork Commercial Enterprises LLC
1935 152nd PL NE
Bellevue, WA 98807
Phone: 206-434-6623
Fax: 425-274-4060
15. Resolution of Disputes and Governing Law.
A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions
contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the term
or provision's true intent or meaning. The Mayor shall also decide all questions which may arise between
the parties relative to the actual services provided or to the sufficiency of the performance hereunder.
City of Port Orchard and Atwork! Commercial Enterprise LLC
Purchased Service Contract No. C002-21
Public Works Project No. PW2021-001 Rev 4/ 10/2020
U:\Contracts\2021\C002-21 AtWork!\C002-21 AtWork! Commercial Enterprise, LLC.docx
7of11Page 32 of 126
B. If any dispute arises between the City and the Vendor under any of the provisions of this
Agreement which cannot be resolved by the Mayor's determination in a reasonable time, or if the Vendor
does not agree with the Mayor's decision on a disputed matter, jurisdiction of any resulting litigation shall
be filed in Kitsap County Superior Court, Kitsap County, Washington.
C. This Agreement shall be governed by and construed in accordance with the laws of the
State of Washington. In any suit or action instituted to enforce any right granted in this Agreement, the
substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorneys'
fees from the other party.
16. General Provisions.
A. Non -waiver of Breach. The failure of either party to insist upon strict performance of any
of the covenants and agreements contained herein, or to exercise any option herein contained in one or more
instances, shall not be construed to be a waiver or relinquishment of said covenants, agreements, or options,
and the same shall be in full force and effect.
B. Modification. No waiver, alteration, modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative ofthe City and
the Vendor.
C. Severability. The provisions of this Agreement are declared to be severable. If any
provision of this Agreement is for any reason held by a court of competent jurisdiction to be invalid or
unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of
any other provision.
D. Entire Agreement. The written provisions of this Agreement, together with any Exhibits
and Addenda attached hereto, shall supersede all prior verbal statements of any officer or other
representative of the City, and such statements shall not be effective or be construed as entering into or
forming a part of or altering in any manner whatsoever, the Agreement or the Agreement documents. The
entire agreement between the parties with respect to the subject matter hereunder is contained in this
Agreement, the Exhibits and Addenda attached hereto, which may or may not have been dated prior to the
execution of this Agreement. All of the above documents are hereby made a part of this Agreement and
form the Agreement document as fully as if the same were set forth herein. Should any language in any of
the Exhibits or Addenda to this Agreement conflict with any language contained in this Agreement, then
this Agreement shall prevail.
17. Title VI
The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252,
42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation
subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the
Department of Transportation issued pursuant to such Act, must affirmatively insure that its contracts
comply with these regulations.
Therefore, during the performance of this Agreement, the Vendor, for itself, its assignees, and successors
in interest agrees as follows:
City of Port Orchard and Atwork! Commercial Enterprise LLC
Purchased Service Contract No. C002-21
Public Works Project No. PW2021-001 Rev 4/ 10/2020
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1. Compliance with Regulations: The Vendor will comply with the Acts and the Regulations
relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of
Transportation, Federal Highway Administration (FHWA), as they may be amended from time to
time, which are herein incorporated by reference and made a part of this Agreement.
2. Nondiscrimination: The Vendor, with regard to the work performed by it during this Agreement,
will not discriminate on the grounds of race, color, national origin, sex, age, disability, income -
level, or LEP in the selection and retention of subcontractors, including procurements of materials
and leases of equipment. The Vendor will not participate directly or indirectly in the
discrimination prohibited by the Acts and the Regulations as set forth in Appendix A, attached
hereto and incorporated herein by this reference, including employment practices when this
Agreement covers any activity, project, or program set forth in Appendix B of 49 C.F.R. part 21.
Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all
solicitations, either by competitive bidding, or negotiation made by the Vendor 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 Vendor of the Vendor's obligations
under this Agreement and the Acts and the Regulations relative to Non-discrimination on the
grounds of race, color, national origin, sex, age, disability, income -level, or LEP.
4. Information and Reports: The Vendor will provide all information and reports required by the
Acts, the Regulations and directives issued pursuant thereto and will permit access to its books,
records, accounts, other sources of information, and its facilities as may be determined by the
City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and
instructions. Where any information required of the Vendor is in the exclusive possession of
another who fails or refuses to furnish the information, the Vendor will so certify to the City or
the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of the Vendor's noncompliance with the Non-
discrimination provisions of this Agreement, the City will impose such contract sanctions as it or
the FHWA may determine to be appropriate, including, but not limited to:
1. withholding payments to the Vendor under the Agreement until the Vendor complies;
and/or
2. cancelling, terminating, or suspending the Agreement, in whole or in part.
6. Incorporation of Provisions: The Vendor 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 Vendor will take
action with respect to any subcontract or procurement as the City or the FHWA may direct as a
means of enforcing such provisions including sanctions for noncompliance. Provided, that if the
Vendor becomes involved in, or is threatened with litigation by a subcontractor, or supplier
because of such direction, the Vendor may request the City to enter into any litigation to protect
the interests of the City. In addition, the Vendor may request the United States to enter into the
litigation to protect the interests of the United States.
City of Port Orchard and Atwork! Commercial Enterprise LLC
Purchased Service Contract No. C002-21
Public Works Project No. PW2021-001 Rev 4/ 10/2020
U:\Contracts\2021\C002-21 AtWork!\C002-21 AtWork! Commercial Enterprise, LLC.docx
9of11Page 34 of 126
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year setforthabove.
CITY OF PORT ORCHARD, VENDOR")
WASHINGTON
By: a [r'
T
t(I tnZ
B
Name: s,_ _ til 7r SU
Title:
Robert Put;;;;esu,, Mayor -
A -I —MST( ICATE -
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L>U' YIC,. By: U
Brandy Rinearson, M , City Clerk
APPROVED AS TO FORM;
13y: -
Charlotte A. Archer, City Attorney
PORT p'•',
A
2Cj
SEAL:=
City of Pori Orchard and Atwork I Commercial Enterprise LLC
Purchased Service Contract No. C002.21
Public Works Project No, PW2021.001
utENdxe tr+[nannxs. hxnaenras aM,y ba.m'.a.mzaamu a rmWcW nglBlddAfWork Co02.41(mul ed) don
10oflI
Rev 4/10/2020
Page 35 of 126
APPENDIX A
During the performance of this Agreement, the Vendor, for itself, its assignees, and successors in interest
agrees to comply with the following non-discrimination statutes and authorities; including but not limited
to:
Pertinent Non -Discrimination Authorities:
Title VI ofthe Civil Rights Act of 1964 (42 U S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21.
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been
acquired because of Federal or Federal -aid programs and projects);
Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the
basis of sex);
Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 C.F.R. Part 27;
The Age Discrimination Act of 1975, as amended, (42 U .S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
Airport and Airway Improvement Act of 1982, (49 USC§ 471, Section 4 7123), as amended,
prohibits discrimination based on race, creed, color, national origin, or sex);
The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs
or activities" to include all of the programs or activities ofthe Federal -aid recipients, sub -
recipients and contractors, whether such programs or activities are Federally funded or not);
Titles 11 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
ofpublic accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as
implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38;
The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low -Income Populations, which ensures discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high and
adverse human health or environmental effects on minority and low-income populations;
Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes discrimination
because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take
reasonable steps to -ensure that LEP persons have meaningful access to your programs (70 Fed.
Reg. at 74087 to 74100);
Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
City of Port Orchard and Atwork! Commercial Enterprise LLC
Purchased Service Contract No. C002-21
Public Works Project No. PW2021-001 Rev 4/ 10/2020
U:\Contracts\2021\C002-21 AtWork!\C002-21 AtWork! Commercial Enterprise, LLC.docx
11 of 11Page 36 of 126
Ex A
Schedule of Contract Prices
Tremont Landscaping Maintenance
NOTE: If a discrepancy between the numerical unit price and the written (words) unit price is found, the written
words) unit price shall control.
The City of Port Orchard reserves the right to award a contract for all or any combination of schedules, based upon
the overall lowest responsible bidder,
Schedule of Contract Prices
Tremont Landscaping Maintenance
Number of
Per Visit Visits Per
Description Charge Month Amount Per Month
Schedule A
WINTER MONTHS
January, February, November,
December Landscaping Services
Tremont and Surrounding 1Areas (Exhibit A)
Per Month Total for Winter Months d —
Total for Winter Months (4)
SPRING & SUMMER MONTHS
March, April, May, June, July,
August, September, October
Landscaping Services
Tremont and Surrounding V ® 4
C__
Areas (Exhibit A)
Per Month Total for Spring Summer 0'3 0 ^— Months
Total for Spring/Summer Months (8) g
Total for Year
Sales Tax 9% Zr o7-- Total
Schedule A Lai 3q zo
Monthly
Billing Total (Total of Schedule Z9 ZA/12) 0 SALES
TAX In
accordance with Section 1-07.2(2) State Sales Tax: The Contractor shall collect from the contracting Agency retail salestaxonthefullcontractprice.
Page 37 of 126
Agenda Staff Report
Agenda Item No.: Consent Agenda 4D Mee�ng Date: April 9, 2024
Subject: Prepared By: Denis Ryan
Public Works Director
Summary: The City u�lizes the services of a landscaping contractor for the purposes of maintaining
public property, including but not limited to landscaping of City parks. On December 15, 2020,
following a procurement process consistent with City of Port Orchard Procurement Policies, the City
selected AtWork! Commercial Enterprise, LLC and executed Purchased Service Agreement No.
C007-21 for the Various Areas Landscaping Maintenance. On November 29, 2021, December 13,
2022, November 27, 2023 and March 27, 2024 respec�vely, Amendments 1, 2, 3 and 4 were
executed extending the Underlying Agreement’s termina�on date, and increasing the Agreement
Time and Materials “Not to Exceed” to $97,679.45. A�er careful review of the City’s needs for the
landscaping for various areas within the City, the City wishes to extend the dura�on of the
Agreement to December 31, 2024. Public Works Staff also nego�ated an amendment to the Scope
of Services to meet current the needs of the City. The Amendment increases the contract from
$97,679.45 to $132,375.64.
Before Council for approval is Amendment No. 5 to the Agreement, which would extend the
dura�on of the Agreement and increase the amount by $34,696.19 for 2024 work, for a new not to
exceed total of $132,375.64 (applicable tax included), inclusive of all compensa�on paid a�er
execu�on of the Agreement and Amendments 1 through 4, but prior to this Amendment.
Recommenda�on: Staff recommends the Council authorize the Mayor to execute Amendment No.
5 to Agreement No. C007-21 with AtWork! Commercial Enterprise, LLC for Various Areas
Landscaping Maintenance, extending the Agreement to December 31, 2024, and increasing the
contract amount for the extension period.
Rela�onship to Comprehensive Plan: N/A
Mo�on for considera�on: I move to authorize the Mayor to execute Amendment No. 5 to
Agreement No. C007-21 with AtWork! Commercial Enterprise, LLC for Various Areas Landscaping
Maintenance.
City of Port Orchard
216 Prospect Street Port Orchard, WA 98366
cityhall@portorchardwa.gov | (360) 876-4407
www.portorchardwa.gov
Approval of Amendment No. 5 to
Contract No. 007-21 with AtWork!
Commercial Enterprise, LLC for Various
Areas Landscaping Maintenance
Page 38 of 126
Staff Report 4D
Page 2 of 2
Fiscal Impact: This work is budgeted in the 2023-2024 budget (GL 002.05.542.70.40).
Alterna�ves: Do not approve and provide further guidance.
Atachments: Amendment No. 5, Exhibits, Copy of Contract C007-21
Page 39 of 126
Denis Ryan
Page 40 of 126
Page 41 of 126
Page 42 of 126
EXHIBIT A
Page 43 of 126
Page 44 of 126
EXHIBIT B
Scope of Services
Schedule A
Location Description of Work
ALL PLANTERS HAVE DRIP LINE IRRIGATION. USE CAUTION WHEN TRIMMING
1. Etta Turner Memorial Park 1.Mowing/Edging
2.Weeding
3.Fertilize Grass X 2*
4.Pruning
5.Deadhead to remove old growth and seed heads from
plants and shrubs
6.Blowing
7.Leaves/Debris clean-up
3.Rockwell Park 1.Mowing/Edging
2.Weeding
3.Pruning
4.Deadhead to remove old growth and seed heads from
plants and shrubs
5.Fertilize Grass X 2*
6.Blow path and beach access
7.Leaves/Debris clean-up
4. Roundabout Park & Surrounding ROW 1.Mowing/Edging
2.Weeding
3.Pruning
4.Deadhead to remove old growth and seed heads from
plants and shrubs
5.Fertilize Grass X 2*
6.Blow stamped concrete walkway
7.Exterior ROW vegetative maintenance between curb and
sidewalk at the roundabout entrances & exits.
8.Leaves/Debris clean-up
5. Flagpole Triangle on Bay Street 1.Weeding
2.Pruning
3.Leaves/Debris clean-up
6. Arnold & Beach Parking Lot/Planter 1.Weeding
2.Pruning
3.Leaves/Debris clean-up
7. Westbay - Bay Street Pedestrian Pathway
(including bridge) Sections 4 & 5/ Blackjack
Point
1.Blow/clean trail
2.Weed Control
3.Pruning
4.Leaves/Debris clean-up
8. Grounds Maintenance Waterfront Dock -
Dekalb Pier Head
1.Weed Control
2.Pruning
3.Blow/Clean dock & sidewalkPage 45 of 126
4.Leaves/Debris clean-up
9. Planter Bed on Bay Street (510 Plaza)1.Weed Control
2.Pruning
3.Blow/Clean sidewalk & parking area
4.Leave/Debris clean-up
*Apply a 20-0-18 fertilizer once in early Spring and once at the end of Summer.
Page 46 of 126
EXHIBIT C
Schedule of Landscape Maintenance
Visits Per Month
Schedule A
Location January February March April May June July August September October November December Total
1. Etta Turner Memorial Park 2 2 4 4 4 4 4 4 4 4 2 2 40
3. Rockwell Park 2 2 4 4 4 4 4 4 4 4 2 2 40
4. Roundabout Park & Surrounding ROW 2 2 4 4 4 4 4 4 4 4 2 2 40
5. Flagpole Triangle on Bay Street 1 1 2 2 2 2 2 2 2 2 1 1 20
6. Arnold & Beach Parking Lot/Planter 1 1 2 2 2 2 2 2 2 2 1 1 20
7. Westbay Sections 4 & 5/ Blackjack
Point 2 2 4 4 4 4 4 4 4 4 2 2 40
8. Grounds Maintenance WaterfrontDock 1 1 2 2 2 2 2 2 2 2 1 1 20
9. Planter Bed on Bay Street (510 Plaza) 1 1 2 2 2 2 2 2 2 2 1 1 20
Total Visits to Locations per month 12 12 24 24 24 24 24 24 24 24 12 12 240
Page 47 of 126
Page 48 of 126
Page 49 of 126
Page 50 of 126
Page 51 of 126
Page 52 of 126
Page 53 of 126
Page 54 of 126
Page 55 of 126
Page 56 of 126
Page 57 of 126
Page 58 of 126
Page 59 of 126
Page 60 of 126
Agenda Staff Report
Agenda Item No.: Consent Agenda 4E Mee�ng Date: April 9, 2024
Subject: Prepared By: Brandy Wallace, MMC
City Clerk
Summary: Staff received a special event applica�on for The Unforgoten: Run to Tahoma, as
celebra�on of life, scheduled for Saturday, May 25, 2024. The applica�on state’s the following:
EVENT: The Unforgoten: Run to Tahoma
TYPE: Celebra�on of Life Ceremony
DATE: Saturday, May 25, 2024
TIME: Setup starts at 9:00am, open to public at 9:30am un�l 11:00am, cleanup to be completed
by 11:30am
LOCATION: Kitsap County Administra�ve Building, 614 Division Street
CLOSURE(S): Division St, from Sidney Ave to Cline Ave; Aus�n Ave, from Dwight St to Division St; and
Dwight St, from Aus�n Ave to Cline Ave.
The required no�ce, pursuant to POMC 5.96.050(3), allowing ci�zens to provide writen comments
regarding how allowing the special event will impact their property, business, or quality of life has
been published. As of today, the City has received no writen concerns regarding this event taking
place.
Staff and outside agencies have reviewed the applica�on and are working towards ensuring safety
measures and traffic control are in place. The applicant will have Kitsap County Sheriff’s office
control traffic from Sidney to SR166 for a funeral procession upon depar�ng from Division Street,
a�er the Ceremony.
Staff are in support of the road closures as presented and will con�nue to ensure the event meets
all safety and traffic control standards outlined in City, State, and Federal codes.
Recommenda�on: Staff recommends the approval of the road closures, as presented.
Rela�onship to Comprehensive Plan: N/A
City of Port Orchard
216 Prospect Street Port Orchard, WA 98366
cityhall@portorchardwa.gov | (360) 876-4407
www.portorchardwa.gov
Approval of Road Closures for a Special
Event: The Unforgoten: Run to Tahoma
Page 61 of 126
Staff Report 4E
Page 2 of 2
Mo�on for considera�on: I move to approve the road closures for The Unforgoten: Run to
Tahoma event, scheduled for Saturday, May 25, 2024, as presented.
Fiscal Impact: None.
Alterna�ves: Deny the road closures and provide direc�on to staff.
Atachments: Applica�on
Page 62 of 126
Sprcnl Evsrur Prnur
(Ponr OncxnRo Mururcrpnl Coor 5.94 nruo 5.961
sTANDARD PRocEssrNc rer: 550.00
Event Overview
Event Details
Name of event: The Unforgotten: Run to Tahoma
Location of event: Kitsap County Administration Building_
Type of Event:lk/Run Fair
tr Block Party tr other Funeral
Event or Organization Website:
https: //www. kitsapgov. com/hs/PagesA/AB-Ru n-to-Tahoma. aspx
Description of event:
The Kitsap County Commissioners, Medical Examiner, and Veterans Advisory Board host The
Unforgotten: Run to Tahoma Ceremony on the Saturday of Memorial Day Weekend each year.
Following a 90 minute memorial ceremony at the County Administration Building, the unclaimed
Veteran cremains are escorted with motorcycles in a funeral procession to Tahoma National
/^^ma$an,
Set Up Startsr Take Down Complete:
Start Day:
Saturday
Start Date:
5t2512024
Start Time:
0900
End Day:
Saturday
End Date:
512512024
End Time:
1 100
Event Datesfimes: lndicate Datesfiimes OPEN to attendees
5t2512024 0930 - 1100
Expected Daily Attendance:
Participants Spectators volunteers/staff
Day:
Saturday
Date
5t2512024
Start Time:
0900
End Time:
1 100 250 300 25
Day:Date Start Tlme:End Time:
Day Date Start Time:End Time:
Additional details: (attach additional pages as needed for additlonal days or details)
A brief memorial ceremony will be held to honor the deceased veterans at the Kitsap County
Administration building on Division Street. lmmediately after the ceremony the cremains will be
escorted in a funeral procession to the Tahoma National Cemetery.
City of Port Orchard I Special Event Application
Revised 7/7O/2023
Page 3 of 12Page 63 of 126
Does your event require a paid fee for participants and/or spectators?lves I rlo
Does your event require minimum or suggested donation for participants and/or spectators?lt"t ,/No
Admission/participation fee/ suggest donations amount(s)
Admission Fees:
Organization I nformation*
*Pleose note the organization informatlon provided may be shared for inquires mode on event details
lnsurance
The sponsoring organization must provide an insurance certificate, with endorsements, at least 30 days prior to the event with the
City of Port Orchard shown as Additional Named lnsured with minimum coverage to be as follows:
$1,ooo,o0o tiability; $1,000,000 Bodily lnjury
Special Event lnsurance for events held at city-owned facilities can be purchased at eventinsure.hubinternational.com/.
Porking lmpacts
Have parking impacts been coordinated with neighbors (residential/business)?ruo|7lruot rpplicable
lf yes, how will parking be provided for participants and visitors (including handicapped parking)? You may submit a map to
show the available parking for this event in place of providing a written description below.
Ample parking is available at county owned lots surrounding the Administration building.
The preponderance of attendees will be riding motorcycles and parked in designated spaces
City of Port Ochard I Special Event Application
Revised il7A/2023
Page 4 of L2
Name of Organization Kitsap County Veterans Advisory Board
Do you have an active City Business License?-l"t ,/No What is your UBI number?
Point of Contact Name: RiChard BeCker
Street Address:
614 Division Street, MS-23
Mailing Address: (if different from street address)
citY: porl orchard State: yyn Zip:9966 City:State zip:
Phone:36-937-481 1 Alternate Phone:Email: rg".p"r@kitsap.gov
Page 64 of 126
Use of City Streets and/or Stote Highwoy
STATE HIGHWAY:
Will this event require closure of a State Highway (most common is Bay Street/SR166)?
[t", street/SR 166
I;::l
Parking tot(s):
Ml"'
lf yes, which highway:Sedgwick Road HillDrive
For Stote Highway Closures, the sponsoring organlzotion must submit the application to the city at leost 720 calendor days
before the event date, Ilpon city appravol of the event, the sponsoring organlzation sholl seek permission from the Washington
State Department of Transportation (WSDOT) by completing an online opplicotion. Once permission is granted from WSDOT,
o copy ol the Letter of Acknowledgment il on Agreement will need to be provided to the city 45 doys prior to the event.
WSDOTs onllne opplication is located at' https://www.wsdot.wa.gov/contact/events/special-events
CITY PROPERTY/STREETS (Risht-of-wavl: Port orchard Municipal Code 5,94.020(7) states "Right-of-way (RoWy' means
any road, public parking lot, city street, highway, boulevard or place in the city open as a matter of right to public travel and
shall include arterials, neighborhood streets, alleys, bicycle paths and pedestrian ways; including streets or portions thereof
which are designated as portions of the state highway system,"
Will this event require closure of any of the below public property/ right-of-way?
lf yes, indicate what type of public property is requested to be closed and the location {select all that apply)
City Park(s):
f]rn.r,,.n".
Zh* [*"
n Zee Park McCormick Rockwell Park
Park
Powers
Park ivens Park
Lot 1: between Orchard and Frederick streets on the north side of Bay Street
Lot 2: between Frederick Street and Sidney Avenue, north of Bay 5t.
Lot 3: five rows of parking west of Harrison Ave and east of and parallel to the library
Lot 4: all parking east of Lot 3 and Harrison Ave and west of the Marina Park
Lot 5: all parking on City Hall property in front of the Police department
Lot 6: abutting the landscaped area at the SW corner of the Bay St and Dekalb St intersection
Lot 7: all parking spaced located on the library property which is limited to library staff only
Lot 8: emplayee parking lot east of City Hall adjacent to Prospect Alley which is between Kitsap Street and Prospect
Street.
Sidewalk(s):
Irr
City of Port Orchard I Special Event Application
Revised 7/70/2023
Page 5 of 12Page 65 of 126
Street(s):Division Street between Sidney and Cline as well as Dwight and Austin streets for a
period of about t hour.
ll requestlng street or highway closure, fill out the "Details of Closure" section below and provide a trdffic control plon of
the area impaded.
Traffic Control Plan:
A traffic control plan is required for all street and highway closures and must be submitted with this application
See example Site Plan. The following is required to be on the plan(s):
Detour route(s)and Bicycle routes how many, where, how long, etc.
Signs/Barriers: How many, what kind of signs, were will they be located, who is putting them up, who will be taking them
down, etc,
Certified flaggers: how many will there be, where willthey be stationed, what time will they be there, what time will
they be gone, etc.
Should your event require traffic control and certified flaggers to manage the road closures, provide the following
information:
Details of Closure(s):
Name of the Traffic Control company: KitSap COUnty Sheriff (CitizenS on Patrol)
Point of Contact Name:
Sheriff Schon Montigue
Phone:
+1 (360) 5094473
Alternate Phone:Email:
SMontagu@kitsap.gov
Street Name:Between
lrroqq qtreet):
And
lnracc <trcct\'
Start Date:Start Time:End Date:End Time:
Division Sydney Cline ast2512024 0930 0512512024 1 100
Dwight CIine Austin 05t2512024 0930 05t2s12024 1 100
Austin Dwight Division a512512024 0930 0512512024 1 100
Additional details: (attach additional pages as needed for more streets and/or more details about use.)
Volunteers and Sheriffs Citizens on Patrol will staff the road barriers to guide drivers to
parking and detours if needed.
City of Port Orchard I Special Event Application
Revised 1/7O/2O23
Page 6 of 12
Page 66 of 126
Alcohol Sales/Seruices
The sale, service and consumption of alcoholic beverages are subject to Washington State Liquor & Cannabis Board (WSLCB)
regulations, licensing, and permit requirements. WSLCB Special Occasion and other Licenses and related fees for alcohol
sales/service at events are not included in the City's Special Event Permit. Visit the WSLCB website, httos://lcb.wa.sov/ for
additional information and to apply for the appropriate license / Permit.
Will alcohol be sold or consumed at your event?{.
*lf yes, you must contact the Washington State Liquor qnd Connabis Boord for a speciol llquor license.
Food Sales/Seruice
You will need to resch ant to the Kitsop Public Heafth Distrlct as they moy require a temparory food establishment permit,
Wsit their website st https://kigqopublicheqlth.ora/FoodSofetv/food vendors.php or call (3@) 728-2235 for informotlon.
M]*o
Will your event have any food service and/or sa
Will your event have professional catering?
mu"
m*'
mu'
lf yes, how many:
lf yes, how many:
lf yes, how many:Will your event have food truck(s)?
Washington State Fire Code section 105.6.30 Mobile food preparation vehicles is defined as;
An operational permit is requlred for mobile food preparation vehicles equipped with applionces thdt
produce smoke or grease-laden vopors or utilize LP-gas systems or CNG systems. Contqct Community
Development.
o Food Truck SafeW Handout
a
Garbage and Recycling
Collection Stations: How many bins are you providing as collection containers at your event?
Recycle 11Garba
Will you manage your own recycling and garbage collection or wlll it be managed by a vendor?
Kitsap CountySelf-Haul List vendor/com pany, if applicable:
Detail your plan for waste management within the event area and surrounding neighborhood:
Recepticles are provided by Kitsap County and serviced by Kitsap County staff.
Kitsap County staff will "police" Division Street for any debris, if any.
City of Port Orchard I Speclal Event Application
Revised 1/10/2023
PageT ol L2
Page 67 of 126
Restrooms
Prove the number of restrooms that will be available to the public for your event:lnside Admin Buil
Below is an example of the estimated amounts needed per the amount of users recommended in the FEMA Special Events
Contingency Planning: Job Aids Manual.
No, of users (50% male and 50% female)Minimum number of portable toilets
Up to 240 3
250 to 499 4
500 to 900 6
1,000 to 1,999 t2
2,000 to 2,999 25
3.000 to 3,999 38
4,000 to 4,999 50
Master Multi-Vendor Event License
will your event have vendors?flv"t firuo
lf so, how many anticipated exhibitors/vendors will be at your event?
-
lf so, will they be selling merchandise and/ or food? Des fho - lf you indicated Yes, please see the Food section on Page
4 of this application.
POMC 5,96, if your event hss lwo or more vendorc engaged in public propefi vending, you are required to have s Moster
Mufti-Vendor Event License (MMVEL). The MMVELfee is $ZS.OO per day or $ZO0 per month, POMC 5.96.020(3)(a) stotes the
sponsor of the mdster event sholl provide a list of participating vendorc, thelr business nqmeg their addresses ond their State
Tsx Revenue tdentification Numberc to the city clerk wlthin three working doys after the first day of the operation.
o No public vending is allowed within twenty-five (25) feet of any municipal building, monument, or fountain, OR within
ten (10) feet of intersection sidewalks.
r Vending devices must be removed from vending sites daily between the hours of 10:00 p.m. and 6:00 a,m,
r Vending devices and vending sites must always be clean and orderly. The vendor must furnish a suitable refuse
container and is responsible for the daily disposal of refuse deposited therein. Refuse containers must be removed
each day along with vending devices.
r Vendors may engage in public property vending only in the location specified in the public property license' The
location shall be deemed the vending site.
o Utility service connections are not permitted, except electrical when provided with written permission from the
adjacent property owner. Electrical lines are not allowed overhead or lying in the pedestrian portion of the
sidewalk.
o No mechanical audio or noisemaking devices are allowed, and no hawking is allowed.
r A vinyl or canvas umbrella may be added to the vending device, but its open diameter may not exceed eight and one-
half feet. Any part of the umbrella must have a minimum of seven feet of vertical clearance to the area on which
the vending device stands.
o lndividual vendor advertising signs may be placed only upon the vending device. Temporary master event advertising
signs may be placed as approved by the city engineer; and
o No conduct shall be permitted which violates any other sec'tion of the Port Orchard Municipal Code'
City of Port Orchard I Special Event Application
Revised 7/7o/2o23
Page 8 of 12
Page 68 of 126
Site Map
A site map is required to be submitted which includes the followinguVendors:
Beer Garden:
Signage:
Tents:
Public entrances and exits:
Road closures and detours:
Traffic patterns:
Fire Lanes:
Garbage/Recycling:
Barricades:
First Aid:
Parking:
Restrooms:Mr",n
Notapplicable
Not applicable
Not applicable
Not applicable
Not applicable
Not applicable
Not applicable
Not applicable
Not applicable
Not appllcable
Not applicable
Not applicable
Not applicable
V
V
m
V
m
l-1,",
u
Yes
Yes
Yes
Yes
Yes
Yes
Yer
Yes
Yes
Yes
n
Vf
tr
No
No
No
No
No
No
No
No
No
No
No
No
No
Yes
lf event is a run/walk, list start and stop locations and water,/rest stations:
No n Not applicable
Release
I certify that the event for which this permit is to be used will not be in violation of any City of Port Orchard ordinance.
By applying for this special event permit, the organization or entity obtaining such permit agrees to defend, indemnifo, and hold
harmless the City, its officers, officials, employees and volunteers from all claims, injuries, damages, losses, or suits, including
attorney fees and costs, arising out of or in conjunction with the activities or operations performed by the applicant or on the
applicant's behalf resulting from the issuance of thls permit, except for injuries and damages caused by the sole negligence of the
City.
The information on this form is considered o public record and is subjed to publlc disclosure lows in Chopter 42.56 RCW.
l, as the President or Chair of my organization, agree to the terms and conditions listed above.
Ri chard Becker Bytr's;yl!xl',?i![",i1 i?"{sr Ri ch a rd Be cke r os/03/2023
Date
Yes
Signature of President/Chair of Organization Print Name
City of Port Orchard I Special Event Application
Revised 1/70/2023
Page 10of12
Page 69 of 126
Road Closed Barrier 1
volunteer.
2024 The Unforgotten: Run to Tahoma Site Map (9:(Dam to 11:00am)
9 V
Dwight St
Auto Parking
Kitsap County Auditor"
\sion St
District Court IIKitsap County Shei'iff s
Offrce - Main Offrce
Kitsap Count5r
Superior Court Clerk
U'
(D
Living Art Kor
Kitsap Couittv
Personnei DepartmeniI
c Kitsap County
Public \y';or"ks
GI DDivision St
argePcirrt
Auto Parking
o.goa5fm
Ceremony Area
First Aid, Trash and recycle
receptacles are located here.
Access to restrooms available
inside the Administration
building.
Road Closed Barrier l-
volunteer.
Road Closed Barrier l-
volunteer.
Ci:arginc Staticn
Go ole
Kits"an RecrcrtalPage 70 of 126
City of Port Orchard
Council Meeting Minutes
Work Study Session of March 19, 2024
1. CALL TO ORDER AND ROLL CALL
Mayor Pro-Tem Chang called the meeting to order at 6:30 p.m.
Roll call was taken by the City Clerk as follows:
Mayor Pro-Tem Chang Present
Councilmember Diener Present
Councilmember Fenton Present
Councilmember Morrissey Present
Councilmember Rosapepe Present
Councilmember Trenary Present
Councilmember Worden Present
Mayor Putaansuu Absent
Staff present: Public Works Director Ryan, Finance Director Crocker, City Attorney Archer, City Clerk
Wallace, and Deputy City Clerk Floyd.
Staff present via Zoom: Community Development Director Bond
The meeting streamed live on YouTube.
PLEDGE OF ALLEGIANCE (Time Stamp 00:35)
Councilmember Diener led the audience and Council in the Pledge of Allegiance.
Staff and Council briefly discussed the process of a work study meeting and stating there is no public
testimony during work study meetings.
1. Bay Street Pedestrian Pathway Project (Time Stamp: 04:43)
Public Works Director Ryan provided a presentation which included a current drone video of the
pathway, upcoming property lease renewal near Bruce Titus Ford, over the water structures,
Mosquito Fleet Trail, Downtown Subarea Plan and Redevelopment, Port Orchard waterfront,
Community Events Center, Public Library, Waterfront Plaza, Bay Street Reconstruction, next steps
including completing the path/trail, connecting the downtown plaza and Port Orchard ferry facility
to the Annapolis ferry facility, benefits and users, economic benefits, community enhancement, and
guiding principles.
Page 71 of 126
March 26, 2024, City Council Meeting Minutes
Page 2 of 2
Finance Director Crocker provided a presentation which included the timeline-historical to current
funding and funding sources.
Additional discussion was held regarding the Annapolis Ferry dock, alternative pathway options,
pilings, driveways of property owners, access, funding, mitigation, design options, public outreach,
and pathway size.
Council direction: No direction was given to staff.
CITY COUNCIL GOOD OF THE ORDER (Time Stamp: 1:13:26)
Councilmember Fenton asked to add the discussion and possible update of the Guiding Principles to
the Council Retreat.
Councilmember Rosapepe would like staff to look into Port Orchard Municipal Code (2.04 Council
Meetings) and possibly form a committee to look into updating and codifying this information.
City Attorney Archer mentioned she is happy to work with City Clerk Wallace on this matter.
Council and staff briefly discussed the Council Retreat, and the work study meetings.
Council direction: No direction was given to staff.
MOTION: By Councilmember Rosapepe, seconded by Councilmember Fenton, to adjourn the
meeting.
The motion carried.
The meeting adjourned at 7:58 p.m. No other action was taken. Audio/Visual was successful.
Brandy Wallace, MMC, City Clerk Fred Chang, Mayor Pro-Tem
Page 72 of 126
Agenda Staff Report
Agenda Item No.: Business Item 7A Mee�ng Date: April 9, 2024
Subject: Prepared By: Denis Ryan
Public Works Director
Summary: The Port Orchard City Hall facility was constructed in 1999, and through the years, weather,
normal wear and tear, and increased staffing have triggered a need to update and renovate the building.
On December 19, 2023, Port Orchard City Council approved design services for furniture in the newly
renovated areas on the 1st, 2nd and 3rd floor of City Hall (some of which have and can occur prior to
delivery of furniture). On January 9, 2024, the City Council approved the purchase of furniture for the
first floor. The furniture design for the 2nd and 3rd floor in City Hall is now complete and the City is now
seeking to purchase furniture for these floors in parallel to the structural renova�on project currently
underway.
The City is a member of purchasing coopera�ve Sourcewell (via City Contract No. C075-14) which allows
the City to u�lize contracts procured by Sourcewell for services and purchases, so long as the City
confirms the contract complies with all applicable statutory procurement requirements for the purchase
or service, per RCW 39.34.030. Consistent with City Contract No. C075-14 and the City’s Procurement
Procedures Policies, adopted as Resolu�on No. 073-23, as amended, the City’s Public Works Department
iden�fied One Workspace, formerly Opensquare, as an authorized vendor for the furniture, awarded
via Sourcewell Contract No. 091423-STI (“Sourcewell Contract”).
Staff requested a quote from the vendor for the purchase of furniture. On March 22, 2024 the City
received a quote from One Workspace for the purchase of the furniture in the amount of $43,590.42
(applicable tax included). Staff confirmed the quote was consistent with the Sourcewell Contract pricing.
The City Public Works Department completed the Interlocal Agreement Purchase Checklist and
reviewed the procurement process u�lized by Sourcewell for the Sourcewell Contract and confirmed
the applicable procurement requirements were met and obtained all necessary documenta�on from
Sourcewell and the vendor regarding procurement.
City of Port Orchard
216 Prospect Street Port Orchard, WA 98366
cityhall@portorchardwa.gov | (360) 876-4407
www.portorchardwa.gov
Adop�on of a Resolu�on Approving the
Purchase of Furniture for the 2nd and 3rd
Floor from One Workspace, formerly
Opensquare for the City Hall Renova�on
Page 73 of 126
Staff Report 7A
Page 2 of 2
The City’s Procurement Policies require City Council authoriza�on for purchasing budgeted items
that cost $35,000 or more. The cost of the furniture will exceed $35,000.
Recommenda�on: Staff recommends adop�ng a Resolu�on authorizing the purchase of furniture
for the 2nd and 3rd floors of City Hall from One Workspace for the City Hall Renova�on Project in
accordance with the City’s procurement policies.
Rela�onship to Comprehensive Plan: N/A
Mo�on for considera�on: I move to adopt a Resolu�on authorizing the purchase of furniture for
the City Hall Renova�ons Project from vendor One Workspace.
Fiscal Impact: A budget amendment may be required.
Alterna�ves: Do not approve and provide alterna�ve guidance.
Atachments: Resolu�on, Exhibit A-Quote, Interlocal Agreement Checklist
Page 74 of 126
RESOLUTION NO. _______-24
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING
THE PURCHASE OF FURNITURE FOR THE 2nd and 3rd FLOOR OF CITY HALL FROM
ONE WORKSPACE, FORMERLY OPENSQUARE FOR THE CITY HALL RENOVATION
PROJECT AND DOCUMENTING PROCUREMENT PROCEDURES.
WHEREAS, the Port Orchard City Hall facility was constructed in 1999, and through the
years, weather, normal wear and tear, and increased staffing have triggered a need to update
and renovate the building; and
WHEREAS, on December 19, 2023, Port Orchard City Council approved design services
for furniture in the newly renovated areas on the 1st, 2nd and 3rd floors of City Hall; and
WHEREAS, the City is seeking to purchase furniture for the 2nd and 3rd floor in City Hall in
parallel to the structural renovation project currently underway; and
WHEREAS, as authorized by City Contract No. C075-14, the City is a member of the
purchasing cooperative Sourcewell, formally known as the National Joint Power Alliance (NJPA),
a Minnesota Public Agency; and
WHEREAS; consistent with City Contract No. C075-14 and the City’s Procurement
Procedures Policies, adopted as Resolution No. 073-23, as amended, the City’s Public Works
Department identified One Workspace, formerly Opensquare as an approved vendor for the
desired furniture purchase through Sourcewell Contract No. 091423-STI (Sourcewell Contract);
and
WHEREAS, staff reviewed the procurement process utilized by Sourcewell for the
Sourcewell Contract, confirmed the statutory procurement requirements were met, and
obtained all necessary documentation from Sourcewell and One Workspace regarding
procurement; and
WHEREAS, Public Works staff requested a quote for the purchase of furniture from One
Workspace and on March 22, 2024, received a quote from the vendor and confirmed that the
pricing was consistent with the Sourcewell Contract; and
WHEREAS, upon receipt of the quote, the City’s Public Works Department completed
the Interlocal Agreement Purchase Checklist for the selected vendor and confirmed the quote
was consistent with the Sourcewell Contract; and
WHEREAS, the City’s Procurement Policies require City Council authorization for
purchasing budgeted items that cost $35,000 or more and for unbudgeted purchases, and
because staff is phasing this project into multiple purchases the total cost will exceed $35,000;
and
Page 75 of 126
Resolution No. **
Page 2 of 2
WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State
Auditor's Office, wishes to document their selection/procurement process as described herein
for this purchase 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 the purchase of furniture from One Workspace in an
amount not to exceed $43,590.42 (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 9th day of April 2024.
____________________________________
Robert Putaansuu, Mayor
ATTEST:
____________________________
Brandy Wallace, MMC, City Clerk
Page 76 of 126
Quotation 331168
Quote Date 03/27/24
Customer Order ROM NOT FOR ORDER
Project 21373
Customer 255131
Terms Net 30
Account Representative Cameron Hood
Patti Saltsgaver
CITY OF PORT ORCHARD
216 PROSPECT ST
Port Orchard WA 98366-5326
Patti Saltsgaver
CITY OF PORT ORCHARD
216 Prospect St
Port Orchard WA 98366
Ship ToQuote To
PhonePhone+1 360-876-4407 +1 360-876-4407
ap@portorchardwa.gov,WDinvoicesoracle@wks-de
v.com
ap@portorchardwa.gov,WDinvoicesoracle@wks-de
v.com
21373--ROM PortOrch City Hall LV2 & LV3
THIS QUOTATION IS FOR ROM BUDGETARY PRICING ONLY- AN ORDER CANNOT BE PLACED USING THIS QUOTATION.
PRICING PER SOURCEWELL CONTRACT: #091423-STI
QUESTIONS:
Contact: Cameron Hood
Workspace Consultant Manager
chood@oneworkplace.com
+1 (206) 934-5967
OR
Contact: Heather Webb
Client Experience Specialist
hwebb@oneworkplace.com
+1 (509) 217-9002
Extended PriceQuantityUnit Price
Sell/List/Disc
Description
LVL02
482.00
53.12%
1 T 2 225.94 451.88REVIUNDERMOUNT - AMQ Revi Undermount
Storage Finish: F3 - Black
Door: Left Hinged
Swing Door Finish: F3 - Black
Shelf: with Shelf
Shelf Finish: F3 - Black
Bag Hook: No Bag Hook
File Pocket: No File Pocket
AMQSolutio
Tag For LVL02
PSCL
Page 77 of 126
Quotation 331168
Page 2 / 14 (cont'd)
Extended PriceQuantityUnit Price
Sell/List/Disc
Description
731.00
52.30%
2 T 1 348.69 348.69DSPOWER - Powerstrip-Desktop
Power Configuration: 2 Power, 1 USB A, 1 USB C 20W
Power Finish: Plastic - PG1 6527 - MERLE
Power Mount: C-Clamp
Utility Power: 2 Utility, 1 Female Plug, Tray
Power Plug Type: STANDARD NEMA 5-15 3-PRONG
Power Cord: 8' Standard Cord
Cord Color: Black
PVC: With PVC
Steelcase
Tag For LVL02
PS/2P/2UP-8S
130.00
52.30%
3 T 2 62.01 124.02DSTRAYLG - Tray-Cable Management, Smart straps, 30W
Steelcase
Tag For LVL02
TS
129.00
63.03%
4 T 5 47.69 238.45TS730THF - Frame-Horizontal package, Thin, 30W
BASIC: 7360 MERLE
TC OPT: *OPT:TOP CAP OPTIONS
STD CAP: STD:Std Top Cap
CABLEOPT: *OPT:CABLE TRAY OPTION
NO TRAY: NO CABLE TRAY
BASE OPT: *OPT:BASE TRIM OPTIONS
KO BOTH: STD:KNOCKOUT BASE BOTH SIDES
TRAY OPT: *OPT:BASE TRAY OPTION
NO TRAY: NO BASE TRAY
Steelcase
Tag For LVL02
30/66
155.00
63.03%
5 T 2 57.30 114.60TS766TEPJ - Junction-End of run, Thin, 66H
TRIM: *OPT:TRIM PACKAGE
PAINT: PAINTED TRIM PKG
UPRIGHT: UPRIGHT
TEXT PNT: *UPRIGHT:TEXTURED PAINT
7360: MERLE
Steelcase
Tag For LVL02
E66
Page 78 of 126
Quotation 331168
Page 3 / 14 (cont'd)
Extended PriceQuantityUnit Price
Sell/List/Disc
Description
110.00
63.03%
6 T 1 40.67 40.67TS766TIPJ - Junction-In line, Thin, 66H
Steelcase
Tag For LVL02
I66
242.00
63.03%
7 T 1 89.47 89.47TS766TLPJ - Junction-L, Thin, 66H
TRIM: *OPT:TRIM PACKAGE
PAINT: PAINTED TRIM PKG
UPRIGHT: UPRIGHT
TEXT PNT: *UPRIGHT:TEXTURED PAINT
7360: MERLE
Steelcase
Tag For LVL02
L66
242.00
63.03%
8 T 1 89.47 89.47TS766TTPJ - Junction-T, Thin, 66H
TRIM: *OPT:TRIM PACKAGE
PAINT: PAINTED TRIM PKG
UPRIGHT: UPRIGHT
TEXT PNT: *UPRIGHT:TEXTURED PAINT
7360: MERLE
Steelcase
Tag For LVL02
T66
323.00
63.03%
9 T 1 119.41 119.41TS766WPJ - Junction-Wall start, 66H
Steelcase
Tag For LVL02
WS66
346.00
63.03%
10 T 10 127.92 1,279.20TS74830TK - Panel skin-Tackable acoustical, 48H x 30W
SURFACE: 5H21 GUNMETAL
FAB DIR: *OPT:FABRIC DIRECTION
HORZ: STD:HORIZONTAL APPLICATION
Steelcase
Tag For LVL02
695.00
63.03%
11 T 5 256.94 1,284.70TS71230SPW - Window-Single pane, 12H x 30W
GLASS: 6500 CLEAR GLASS
TRIM: 7360 MERLE
Steelcase
Tag For LVL02
Page 79 of 126
Quotation 331168
Page 4 / 14 (cont'd)
Extended PriceQuantityUnit Price
Sell/List/Disc
Description
3,102.00
51.95%
12 T 2 1,490.51 2,981.02OLELRQ - Ology; Desk-Rectangle, Extended height
Size Option: Modular
Depth: 29.00000
Width: 58.00000
Top Surface Finish: Woodgrain HPL 2412 - NATURAL
CHERRY
Edge Finish: Plastic - PG1 6034 - NATURAL CHERRY
Base Finish: Textured Paint 7207 - BLACK
Corner: Square Corner
Controller: Active Touch Controller
Integrated Rail: No Rail
Power Access: No Power Access
Soft Edge: No Soft Edge
Overhang: No Overhang
Grommet: No Grommet
Glides: 1/2" Glide
Power: NA 120V, NEMA 1-15 Type A - D
Steelcase
Tag For LVL02
29/58/EXT-AT
190.00
63.03%
13 T 2 70.24 140.48UPL - Post leg, Glides, 28 1/2H
LEGS: 7207 BLACK
Steelcase
Tag For LVL02
PL
582.00
63.03%
14 T 1 215.17 215.17USWS - Worksurface-Straight, Laminate, Plastic edge profile
Size Option: Modular
Depth: 24.00000
Width: 72.00000
Top Surface Finish: Woodgrain HPL 2412 - NATURAL
CHERRY
Grain Direction: Long Grain
Edge Finish: Plastic - PG1 6034 - NATURAL CHERRY
Power Access: No Power Access
Scallop: With Scallop
Grommet: No Grommet
Cord Drop: With Cord Drop
Depth with Cord Drop: 23.50000
Page 80 of 126
Quotation 331168
Page 5 / 14 (cont'd)
Extended PriceQuantityUnit Price
Sell/List/Disc
Description
14 Steelcase
Tag For LVL02
24/72
572.00
51.84%
15 T 2 275.48 550.96CFINTRODSLIDE - CF Series Intro Dual Monitor Arm
Arm Finish: Smooth Paint PG2 0835 - BLACK
Bracket Type: Dual C-Clamp
Steelcase
Tag For LVL02
CFI-D-C
256.00
51.95%
16 T 2 123.01 246.02OLCR - Ology; Cable riser
Connection Type: Leg Connection
Steelcase
Tag For LVL02
CRX
1,697.00
63.25%
17 T 1 623.65 623.65RLF24302F - Universal; Lateral file, 2 drawers, Flush steel front, 24D
x 30W x 28H
BASIC: 7207 BLACK
LOCK: 9250 EMBER CHROME
KEYS: SK PLUG
TOP OPT: *OPT:TOP OPTIONS
NO TOP: NO TOP
LOCK OPT: *OPT:DRAWER LOCK OPTIONS
CENTRAL: STD:CENTRAL LOCKING DWR
DWR ACC: *OPT:FILE DWR ACCESSORIES
RAIL: STD:DRAWERS WITH RAILS
CNTRWT: *OPT:COUNTERWEIGHT PKG
UNIV: UNIVERSAL COUNTERWEIGHT
BASE OPT: *OPT:BASE OPTIONS
UNIVBASE: UNIVERSAL BASE
Steelcase
Tag For LVL02
LF/2/30
8,937.86Sub Total
Estimated Tax Rate - 9.300% 831.22
Total 9,769.08
LVL03
Page 81 of 126
Quotation 331168
Page 6 / 14 (cont'd)
Extended PriceQuantityUnit Price
Sell/List/Disc
Description
155.00
63.03%
18 T 1 57.30 57.30TS736TEPJ - Junction-End of run, Thin, 36H
TRIM: *OPT:TRIM PACKAGE
PAINT: PAINTED TRIM PKG
UPRIGHT: UPRIGHT
TEXT PNT: *UPRIGHT:TEXTURED PAINT
7360: MERLE
Steelcase
Tag For LVL03
E36
110.00
63.03%
19 T 1 40.67 40.67TS736TIPJ - Junction-In line, Thin, 36H
Steelcase
Tag For LVL03
I36
242.00
63.03%
20 T 1 89.47 89.47TS736TLPJ - Junction-L, Thin, 36H
TRIM: *OPT:TRIM PACKAGE
PAINT: PAINTED TRIM PKG
UPRIGHT: UPRIGHT
TEXT PNT: *UPRIGHT:TEXTURED PAINT
7360: MERLE
Steelcase
Tag For LVL03
L36
323.00
63.03%
21 T 1 119.41 119.41TS736WPJ - Junction-Wall start, 36H
Steelcase
Tag For LVL03
WS36
731.00
52.30%
22 T 4 348.69 1,394.76DSPOWER - Powerstrip-Desktop
Power Configuration: 2 Power, 1 USB A, 1 USB C 20W
Power Finish: Plastic - PG1 6527 - MERLE
Power Mount: C-Clamp
Utility Power: 2 Utility, 1 Female Plug, Tray
Power Plug Type: STANDARD NEMA 5-15 3-PRONG
Power Cord: 8' Standard Cord
Cord Color: Black
PVC: With PVC
Steelcase
Tag For LVL03
PS/2P/2UP-8S
Page 82 of 126
Quotation 331168
Page 7 / 14 (cont'd)
Extended PriceQuantityUnit Price
Sell/List/Disc
Description
130.00
52.30%
23 T 4 62.01 248.04DSTRAYLG - Tray-Cable Management, Smart straps, 30W
Steelcase
Tag For LVL03
TS
136.00
63.03%
24 T 1 50.28 50.28TS736THF - Frame, Horizontal package, Thin, 36W
BASIC: 7360 MERLE
TC OPT: *OPT:TOP CAP OPTIONS
STD CAP: STD:Std Top Cap
CABLEOPT: *OPT:CABLE TRAY OPTION
NO TRAY: NO CABLE TRAY
BASE OPT: *OPT:BASE TRIM OPTIONS
KO BOTH: STD:KNOCKOUT BASE BOTH SIDES
TRAY OPT: *OPT:BASE TRAY OPTION
NO TRAY: NO BASE TRAY
Steelcase
Tag For LVL03
36/36
157.00
63.03%
25 T 1 58.04 58.04TS742THF - Frame, Horizontal package, Thin, 42W
BASIC: 7360 MERLE
TC OPT: *OPT:TOP CAP OPTIONS
STD CAP: STD:Std Top Cap
CABLEOPT: *OPT:CABLE TRAY OPTION
NO TRAY: NO CABLE TRAY
BASE OPT: *OPT:BASE TRIM OPTIONS
KO BOTH: STD:KNOCKOUT BASE BOTH SIDES
TRAY OPT: *OPT:BASE TRAY OPTION
NO TRAY: NO BASE TRAY
Steelcase
Tag For LVL03
42/36
129.00
63.03%
26 T 1 47.69 47.69TS730THF - Frame-Horizontal package, Thin, 30W
BASIC: 7360 MERLE
TC OPT: *OPT:TOP CAP OPTIONS
STD CAP: STD:Std Top Cap
CABLEOPT: *OPT:CABLE TRAY OPTION
NO TRAY: NO CABLE TRAY
BASE OPT: *OPT:BASE TRIM OPTIONS
KO BOTH: STD:KNOCKOUT BASE BOTH SIDES
Page 83 of 126
Quotation 331168
Page 8 / 14 (cont'd)
Extended PriceQuantityUnit Price
Sell/List/Disc
Description
26 TRAY OPT: *OPT:BASE TRAY OPTION
NO TRAY: NO BASE TRAY
Steelcase
Tag For LVL03
30/36
805.00
53.61%
27 T 2 373.44 746.88PSPM - SARTO Screen; Privacy / modesty
Size Option: Modular
Height: 24.00000
Privacy Height: 9.00000
Width: 60.00000
Screen Type: Rear Screen
Worksurface Type: Without Scallop
Surface Finish: Billiard 5H21 - GUNMETAL
Bracket Finish: Textured Paint 7360 - MERLE
Steelcase
Tag For LVL03
PMS/60/24/9.0
306.00
63.03%
28 T 2 113.13 226.26TS73036TK - Panel skin-Tackable acoustical, 30H x 36W
SURFACE: 5H21 GUNMETAL
FAB DIR: *OPT:FABRIC DIRECTION
HORZ: STD:HORIZONTAL APPLICATION
Steelcase
Tag For LVL03
326.00
63.03%
29 T 2 120.52 241.04TS73042TK - Panel skin-Tackable acoustical, 30H x 42W
SURFACE: 5H21 GUNMETAL
FAB DIR: *OPT:FABRIC DIRECTION
HORZ: STD:HORIZONTAL APPLICATION
Steelcase
Tag For LVL03
286.00
63.03%
30 T 2 105.73 211.46TS73030TK - Panel skin-Tackable acoustical, 30W x 30H
SURFACE: 5H21 GUNMETAL
FAB DIR: *OPT:FABRIC DIRECTION
HORZ: STD:HORIZONTAL APPLICATION
Steelcase
Tag For LVL03
Page 84 of 126
Quotation 331168
Page 9 / 14 (cont'd)
Extended PriceQuantityUnit Price
Sell/List/Disc
Description
4,909.00
51.95%
31 T 1 2,358.77 2,358.77OLELL3 - Ology; Desk-90 degree, 3 legs, Extended height
Size Option: Modular
Depth - Left: 29.00000
Depth - Right: 23.00000
Width - Left: 70.00000
Width - Right: 70.00000
Top Surface Finish: Woodgrain HPL 2412 - NATURAL
CHERRY
Edge Finish: Plastic - PG1 6034 - NATURAL CHERRY
Base Finish: Textured Paint 7207 - BLACK
Corner: Square Corner
Controller: Active Touch Controller
Integrated Rail: No Rail
Power Access: No Power Access
Grommet: No Grommet
Glides: 1/2" Glide
Power: NA 120V, NEMA 1-15 Type A - D
Steelcase
Tag For LVL03
29/70/70/23/EXT-AT
3,010.00
51.95%
32 T 1 1,446.30 1,446.30OLELRQ - Ology; Desk-Rectangle, Extended height
Size Option: Modular
Depth: 29.00000
Width: 52.00000
Top Surface Finish: Woodgrain HPL 2412 - NATURAL
CHERRY
Edge Finish: Plastic - PG1 6034 - NATURAL CHERRY
Base Finish: Textured Paint 7207 - BLACK
Corner: Square Corner
Controller: Active Touch Controller
Integrated Rail: No Rail
Power Access: No Power Access
Soft Edge: No Soft Edge
Overhang: No Overhang
Grommet: No Grommet
Glides: 1/2" Glide
Power: NA 120V, NEMA 1-15 Type A - D
Steelcase
Page 85 of 126
Quotation 331168
Page 10 / 14 (cont'd)
Extended PriceQuantityUnit Price
Sell/List/Disc
Description
32 Tag For LVL03
29/52/EXT-AT
3,196.00
51.95%
33 T 2 1,535.68 3,071.36OLELRQ - Ology; Desk-Rectangle, Extended height
Size Option: Modular
Depth: 29.00000
Width: 64.00000
Top Surface Finish: Woodgrain HPL 2412 - NATURAL
CHERRY
Edge Finish: Plastic - PG1 6034 - NATURAL CHERRY
Base Finish: Textured Paint 7207 - BLACK
Corner: Square Corner
Controller: Active Touch Controller
Integrated Rail: No Rail
Power Access: No Power Access
Soft Edge: No Soft Edge
Overhang: No Overhang
Grommet: No Grommet
Glides: 1/2" Glide
Power: NA 120V, NEMA 1-15 Type A - D
Steelcase
Tag For LVL03
29/64/EXT-AT
190.00
63.03%
34 T 1 70.24 70.24UPL - Post leg, Glides, 28 1/2H
LEGS: 7207 BLACK
Steelcase
Tag For LVL03
PL
760.00
63.03%
35 T 1 280.97 280.97UPL4 - Post leg, Package quantity 4, Glides, 28 1/2H
LEGS: 7207 BLACK
Steelcase
Tag For LVL03
PL
868.00
63.03%
36 T 1 320.90 320.90USWS - Worksurface-Straight, Laminate, Plastic edge profile
Size Option: Modular
Depth: 24.00000
Width: 84.00000
Top Surface Finish: Woodgrain HPL 2412 - NATURAL
CHERRY
Grain Direction: Long Grain
Page 86 of 126
Quotation 331168
Page 11 / 14 (cont'd)
Extended PriceQuantityUnit Price
Sell/List/Disc
Description
36 Edge Finish: Plastic - PG1 6034 - NATURAL CHERRY
Power Access: No Power Access
Scallop: With Scallop
Grommet: No Grommet
Cord Drop: No Cord Drop
Steelcase
Tag For LVL03
24/84
572.00
51.84%
37 T 4 275.48 1,101.92CFINTRODSLIDE - CF Series Intro Dual Monitor Arm
Arm Finish: Smooth Paint PG2 0835 - BLACK
Bracket Type: Dual C-Clamp
Steelcase
Tag For LVL03
CFI-D-C
256.00
51.95%
38 T 4 123.01 492.04OLCR - Ology; Cable riser
Connection Type: Leg Connection
Steelcase
Tag For LVL03
CRX
76.00
63.03%
39 T 1 28.10 28.10TS7WKSPT72 - Reinforcing channel, 72W
Steelcase
Tag For LVL03
RC/72
1,358.00
63.03%
40 T 3 502.05 1,506.15RPM2421CF - Pedestal-Mobile, 1 box / 1 file, Flush steel front, 22
5/8D
BASIC: 7207 BLACK
LOCK: 9250 EMBER CHROME
KEYS: SK PLUG
TOP OPT: *OPT:TOP OPTIONS
1/8 IN STL: STD:1/8 INCH HIGH STEEL
DWR OPT: *OPT:DRAWER FEATURE OPTIONS
FULL DWR: STD:FULL DRAWER
DWR ACC: *OPT:FILE DWR ACCESSORIES
RAIL: DRAWERS WITH RAILS
PULLS: *OPT:PULL OPTIONS
INT PULL: STD:INTEGRAL J, PULL
Steelcase
Tag For LVL03
BF
Page 87 of 126
Quotation 331168
Page 12 / 14 (cont'd)
Extended PriceQuantityUnit Price
Sell/List/Disc
Description
3,694.00
63.25%
41 T 1 1,357.54 1,357.54HDSTGV - High density; Cabinet-Value package
Width: 15.00000
Depth: 30.00000
Case Height: 48.00000
Front Color Scheme: Non Contrasting Front
Case Finish: Woodgrain HPL 2412 - NATURAL CHERRY
Grain Direction: Vertical
Inner Finish: Textured Paint 7360 - MERLE
Lock Finish: Ember Chrome 9250 - EMBER CHROME
Keys: Key Plug
Pull: Nile Pull
Pull Finish: Smooth Paint PG2 0835 - BLACK
Handedness: Left Hand
Interior Configuration: Shelf
Coat Closet: No Coat Closet
Steelcase
Tag For LVL03
HDC/48/LH-V
0.00
0.00%
42 T 5 N/CN/CLOCK9201FR - Lock Cylinder-FR Series, Polished Chrome
LOCK: 9201 POLISHED CHROME
KEYS: SK RAND
Steelcase
Tag For LVL03
HDC/48/LH-V
15,565.59Sub Total
Estimated Tax Rate - 9.300% 1,447.60
Total 17,013.19
0.00
0.00%
43 T 1 5,536.00 5,536.00CONTINGENCY - Contigency for product and specification changes
WorkspaceD
0.00
0.00%
44 T 1 9,842.00 9,842.00ESTIMATED SERVICES - Estimated services for project
WorkspaceD
Quotation Totals
Sub Total 39,881.45
Estimated Tax Rate - 9.300% 3,708.97
43,590.42Grand Total
Page 88 of 126
Quotation 331168
Page 13 / 14 (cont'd)
End of Quotation
Page 89 of 126
Quotation 331168
Page 14 / 14 (cont'd)
Page 90 of 126
CITY OF PORT ORCHARD
PURCHASES THROUGH INTERLOCAL AGREEMENTS
City Contract No.: 075-14
Interlocal Agreement with the Host Agency (government agency or Purchasing Co-Op name): Sourcewell
Item Description: _______ Office Furniture_______
Do you have an Interlocal agreement signed with the Contract (host) Agency?
☒ If yes, where is it filed: __City Clerk______
If no, get a mutually signed Agreement in place before you continue.
State OSP Contract No.#: Sourcewell #091423-STI
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 Required Compliance
Is the Host agency a public agency1? ☒ Yes ☐ No If Yes, what state laws apply to Host Agency: Minnesota
Does the host agency have a requirement to run a newspaper ad in their local paper and did they comply
☒ Yes ☐ No Federal and State contract rules usually don’t require a newspaper ad. For others, attach the ad or place into the file
Did they list on the public agency’s website? ☒ Yes ☐ No If Yes, state when and the address, and proof 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 Host agency’s state procurement laws? ☒ Yes ☐ No If Yes, obtain documentation to support answer 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 91 of 126
Agenda Staff Report
Agenda Item No.: Business Item 7B Mee�ng Date: April 9, 2024
Subject: Prepared By: Denis Ryan
Public Works Director
Summary: In 2020, the City iden�fied the need for capacity and redundancy/reliability improvements
at the Marina Pump Sta�on, a key facility that receives all the City’s wastewater and pumps it to a joint-
use wastewater treatment plan. The Public Works Staff then iden�fied a scope of work to address these
issues, referred to as the Marina Pump Sta�on Improvement Project (the “Project”). On July 28, 2020,
the City Council authorized design work for the Project by a design Consultant. On August 8, 2023,
following a procurement process consistent with state law and the City’s Procurement Policies adopted
by Resolu�on 073-23, as amended, the City executed Contract No. 059-23 with Stellar J Corpora�on for
construc�on of the Project. Stellar J mobilized and construc�on commenced in Winter 2023.
During construc�on, the contractor removed soil as a part of the project and exposed a compromised
por�on of the eighteen-inch pressure sewer main that carries all of Port Orchard’s wastewater to the
South Kitsap Water Reclama�on Facility. In par�cular, the por�on of main was found to lack proper
restraint, which poses a significant risk to the infrastructure's integrity. The loca�on of the thrust block
le� it vulnerable, especially considering the undermining poten�al from the shoring. Given the
importance of this infrastructure to the city, and the imminent emergency posed by a lack of
remedia�on, immediate ac�on was necessary to address this issue. Reconstruc�on was impera�ve to
ensure the main is appropriately constrained and can func�on as intended. Failure to act promptly could
have resulted in severe consequences, including risks to public health, catastrophic sea wall failure, and
severe environmental harm through the discharge of sewage into Puget Sound. Therefore, it was crucial
to allocate resources and priori�ze the reconstruc�on of this sec�on of the sewer main. Swi� ac�on
was required to mi�gate the risks and prevent further complica�ons. Further, the City, its contractor
and its engineering consultants, worked closely with representa�ves from the Washington Department
of Ecology and the Office of Wastewater Management for the U.S. Environmental Protec�on Agency to
evaluate and determine that this situa�on cons�tuted an emergency condi�on that warranted
immediate ac�on.
City of Port Orchard
216 Prospect Street Port Orchard, WA 98366
cityhall@portorchardwa.gov | (360) 876-4407
www.portorchardwa.gov
Adop�on of a Resolu�on Cer�fying
Emergency Situa�on and Waiving
Procurement for Repair Work for Marina
Pump Sta�on Improvement Project
Page 92 of 126
Staff Report 7B
Page 2 of 3
The es�mate of the costs for the labor, equipment and materials necessary to perform the
emergency work exceeded the Mayor’s designated authority, and was not strictly within the scope
of the exis�ng contract for construc�on services with Stellar J. As the contractor was mobilized on
site, staff reasonably concluded that the costs associated with having Stellar J perform the work
were less than the cost to procure and mobilize a new contractor for this emergency repair work.
Similarly, the emergency condi�on did not afford the �me to procure and mobilize a new contractor
for this work.
Pursuant to RCW 39.04.280, Port Orchard Municipal Code 2.80.210, and the City’s Procurement
Policies at Sec�on 6.0,
If an emergency situation has been declared, the Mayor may waive
competitive bidding requirements and the City may award all
necessary contracts to purchase goods, materials, or services to
address the emergency situation. Purchase order(s) must be
properly documented as pertaining to an emergency as soon as
possible following the event. If a contract is awarded without
competitive bidding due to a declared emergency, the City Council
must adopt a resolution certifying the emergency situation existed
no later than two weeks following the award of the contract.
Consistent with these authori�es and the reported emergency condi�ons, on March 29, 2024, the
Mayor declared an emergency necessita�ng the waiver of procurement procedures for this
emergency work to commence. The work commenced and was completed by Friday, April 5, 2024.
The work performed included the following:
• Marina LS bypass pumping to remove thrust block and restrain 18” force main to get the Project
back on cri�cal path, including labor, equipment and materials to perform the following:
• AA Drilling Service, install hot tap and line stop;
• Installa�on of 18 inch gate valve;
• Installa�on of 2 inch corp stop;
• Installa�on of 18 inch plug valve plus 18” sleeves with MJ fi�ngs and mega lugs;
• Bypass pumping 3 Godwin pumps plus setup;
• Mega lug 45 on 18 inch force main 18 inch MJ fi�ngs and 18 inch sleeves; and
• Suspension days for �me to evaluate emergency condi�on (not worked 8 lots of
equipment on site including crane)
Before the Council for adop�on is a Resolu�on cer�fying the existence of the emergency condi�on
as set forth in the Mayor’s declara�on of emergency, and ra�fying the emergency purchases made
to remediate the emergency condi�on. The es�mated work prior to commencement was for four
weeks of labor and wai�ng �me for necessary equipment and materials; however, the contractor
was able to complete the work in four (4) days. The City con�nues to nego�ate the final terms of
Page 93 of 126
Staff Report 7B
Page 3 of 3
Change Order No. 3, and it is es�mated that Change Order No. 3 will not exceed $300,000. Upon
comple�on of Change Order No. 3, staff will present the finalized Change Order to the City Council.
Recommenda�on: Staff recommends the City Council adopt a Resolu�on cer�fying the emergency
situa�on pertaining to the Marina Pump Sta�on Improvement Project and authorizing and ra�fying
the Mayor execu�on of a change order to Contract No. C059-23 with Stellar J Corpora�on for
emergency purchases in an amount not to exceed $300,000 (applicable taxes included).
Rela�onship to Comprehensive Plan: Chapter 7 U�li�es
Mo�on for considera�on: I move to adopt a Resolu�on cer�fying the emergency situa�on
pertaining to the Marina Pump Sta�on Improvement, and ra�fying all ac�ons taken consistent
with the emergency situa�on.
Fiscal Impact: Project funding is budgeted in the 2023-2024 Biennial Budget. The City received a
Washington State Department of Ecology Loan in the amount of $13M addi�onal funding has been
budgeted from Sewer Capital Projects and Sewer Opera�ng. A Budget Amendment may be
required.
Alterna�ves: Do not approve and provide further guidance.
Atachments: Resolu�on
Exhibit A – Declara�on of Local Emergency
Courtesy Copy-Contract
Page 94 of 126
RESOLUTION NO. _____-24
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, CERTIFYING
EMERGENCY SITUATION AND ASSOCIATED WAIVER OF PROCUREMENT FOR
MARINA PUMP STATION IMPROVEMENT PROJECT.
WHEREAS, the City identified the need for capacity and redundancy/reliability
improvements at the Marina Pump Station, a key facility that receives all the City’s wastewater
and pumps it to a joint-use wastewater treatment plant; and
WHEREAS, the City, with the assistance of consultants, designed the Marina Pump Station
Improvement Project (the “Project”) to address these needs, including necessary work to
upgrade the essential wastewater pump station increase pumping capacity and add emergency
wastewater storage that is necessary to prevent a catastrophic sea wall failure; and
WHEREAS, the City was successful in obtaining funding for the project through the U.S.
Environmental Protection Agency’s Clean Water State revolting Fund, a federal-state partnership
that assists communities with water quality infrastructure projects; and
WHEREAS, following a sealed, competitive bidding process, the construction for the
Project commenced in Winter 2023; and
WHEREAS, in March 2024, during construction of the Project, the City’s contractor
identified a compromised portion of a pre-existing eighteen-inch pressure sewer main that
carries all of Port Orchard’s wastewater to the South Kitsap Water Reclamation Facility; and
WHEREAS, the City, consulting engineer, and contractor, in consultation with the
Washington State Department of Ecology and the Office of Wastewater Management for the U.S.
Environmental Protection Agency, determined that, without immediate repair, the compromised
main poses an imminent danger to public health and safety as a failure would create an
environmental catastrophe as the wastewater would enter Puget Sound; and
WHEREAS, the necessary repair requires both additional unforeseen labor, as well as the
purchase of additional materials, including but not limited to a tapping sleeve and hot tap, and
the amount of the associated change order requires City Council approval pursuant to the City’s
Procurement Policies; and
WHEREAS, the use of the existing contractor, Stellar J, for this work is in the best interests
of the City as the contractor is currently mobilized on site and able to make the necessary repairs
via a change order to the Project’s contract, allowing for this emergency to be timely addressed
by a qualified contractor; and
WHEREAS, due to the danger posed by the deteriorated condition of the pipe, on March
29, 2024, the Mayor utilized the emergency purchasing power vested in the position of the
Mayor pursuant to Port Orchard Municipal Code 2.80.210, RCW 39.04.280, and the City’s
Procurement Policies at Section 6.0, to waive competitive bidding requirements and execute the
Page 95 of 126
Resolution No. **
Page 2 of 2
necessary change order to purchase the materials and services necessary to address this
emergency situation; and
WHEREAS, if a contract is awarded without competitive bidding due to a declared
emergency, the City Council must adopt a resolution certifying the emergency situation existed no
later than two weeks following the award of the contract; and
WHEREAS, the Mayor authorized the contractor to proceed and the work was completed
during the week of April 1, 2024; and
WHEREAS, Council certifies that an emergency condition exists as set forth herein and now
desires to ratify the Mayor’s emergency acts as consistent with the aforementioned authority and
necessary to redress this public health emergency; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: The recitals set forth above are hereby adopted and incorporated as findings in
support of this Resolution.
THAT: The City Council hereby certifies the emergency proclamation attached hereto as
Exhibit A, and authorizes and ratifies the waiver of applicable procurement
requirements for the procurement of the goods, materials, and services to address the
public health emergency described herein and the Mayor’s execution of all documents
necessary to effectuate this work, as consistent with the authority set out herein and
necessary, in an amount not to exceed $300,000.
THAT: The Council hereby ratifies and affirms any act consistent with the authority set
herein and prior to the effective date of this Resolution.
THAT: This Resolution shall take full force and effect upon passage and signatures
hereon.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested
by the City Clerk in authentication of such passage this 9th day of April 2024.
Robert Putaansuu, Mayor
ATTEST:
Brandy Wallace, MMC, City Clerk
Page 96 of 126
CITY OF PORT ORCHARD DECLARATION OF LOCAL EMERGENCY AND AUTHORIZATION FOR EMERGENCY PURCHASE
WHEREAS, during construction of the Marina Pump Station Improvement Project (the
“Project”), the City’s contractor identified a compromised portion of an existing eighteen-inch pressure sewer main that carries all of Port Orchard’s wastewater to the South Kitsap Water Reclamation Facility; and WHEREAS, without immediate repair, the compromised main poses an imminent danger to public health and safety as a failure would create an environmental catastrophe as the wastewater would enter Puget Sound; and WHEREAS, the City has moved quickly to assess the deficiencies and associated risk, as well as the necessary repairs and required materials and equipment; and WHEREAS, the contractor for the Project is mobilized and able to make the necessary repairs via a change order to the Project’s contract, allowing for this emergency to be timely addressed by a qualified contractor;
NOW, THEREFORE, IT IS DECLARED BY THE MAYOR OF THE CITY OF PORT ORCHARD that an emergency condition exists because of the aforementioned conditions and, therefore:
Section 1. Pursuant to Port Orchard Municipal Code 2.80.210, RCW 39.04.280, and the City’s Procurement Policies and Procedures, I find that the above conditions constitute unforeseen circumstances beyond the control of the City that present a real, immediate threat to the proper
performance of essential functions and will likely result in material loss or damage to property and the environment if immediate action is not taken.
Section 2. Consistent with this finding, I am executing the necessary change order for
construction services and will submit this to the City Council for certification at the next regular Council Meeting. Section 3. A copy of this shall be disseminated via the City’s regular means for official notices and shall be made available to the media and general public.
Issued by the Mayor of Port Orchard on this 29th day of March 2024.
Robert Putaansuu, Mayor
ATTEST: Brandy Wallace, MMC, City Clerk
DocuSign Envelope ID: FF7490CA-993B-4187-8FDF-075F6B3246AD
Page 97 of 126
City of Port Orchard
Council Meeting Minutes
Regular Meeting of March 26, 2024
1. CALL TO ORDER AND ROLL CALL
Mayor Putaansuu called the meeting to order at 6:30 p.m.
Roll call was taken by the City Clerk as follows:
Mayor Pro-Tem Chang Present
Councilmember Diener Absent
Councilmember Fenton Present
Councilmember Morrissey Present
Councilmember Rosapepe Present
Councilmember Trenary Present
Councilmember Worden Present
Mayor Putaansuu Present
Staff present: Public Works Director Ryan, Finance Director Crocker, Deputy Police Chief Brandon,
City Attorney Archer, City Clerk Wallace, and Deputy City Clerk Floyd.
Staff present via Zoom: Community Development Director Bond
The meeting streamed live on YouTube.
A. PLEDGE OF ALLEGIANCE (Time Stamp 01:06)
Mayor Putaansuu led the audience and Council in the Pledge of Allegiance.
2. APPROVAL OF AGENDA (Time Stamp: 01:26)
MOTION: By Councilmember Trenary, seconded by Councilmember Morrissey, to add the excusal of
Councilmember Diener Due to Business Reasons to the Consent Agenda.
The motion carried.
MOTION: By Councilmember Chang, seconded by Councilmember Rosapepe, to add Kitsap County
Affordable Housing Task Force under Discussion Items.
The motion carried.
Page 98 of 126
March 26, 2024, City Council Meeting Minutes
Page 2 of 5
MOTION: By Councilmember Rosapepe, seconded by Councilmember Trenary, to approve the
agenda as amended.
The motion carried.
3. CITIZENS COMMENTS ON AGENDA ITEMS (Time Stamp 04:02)
There were no citizen comments.
4. CONSENT AGENDA (Time Stamp: 04:25)
A. Approval of Voucher Nos. 87476 through 87538 including bank drafts in the amount of
$897,398.65 and EFT’s in the amount of $198,943.95 totaling $1,096,342.60.
B. Approval of Payroll Check Nos. 87469 through 87475 including bank drafts and EFT’s in the
amount of $260,377.20 and Direct Deposits in the amount of $268,209.77 totaling $528,586.97.
C. Approval of Amendment No. 5 to Contract No. 053-19 with Terraphase Engineering, Inc. for the
ESSB 6091 Foster Pilot Project Services
D. Approval of the March 12, 2024, City Council Regular Meeting Minutes
E. NEW: Excusal of Councilmember Diener Due to Work Reasons
MOTION: By Councilmember Morrissey, seconded by Councilmember Rosapepe, to approve the
Consent Agenda as amended.
The motion carried.
5. PRESENTATION
A. Representative Derek Kilmer (Time Stamp 05:14)
Representative Kilmer thanked the Mayor and Council for their leadership and provided an update
on legislative items.
Mayor Putaansuu and Councilmembers Morrissey, Rosapepe, Chang, and Trenary thanked him for
his service and support to the City and the community.
6. PUBLIC HEARING
There were no public hearings.
7. BUSINESS ITEMS
A. Adoption of an Ordinance Delaying Effective Date for Updated Storm Drainage Service Charges
and Capital Facilities Charges to June 1, 2024 (Time Stamp 15:16)
Page 99 of 126
March 26, 2024, City Council Meeting Minutes
Page 3 of 5
MOTION: By Councilmember Rosapepe, seconded by Councilmember Trenary, to adopt an
ordinance amending Ordinance No. 038-23 by delaying the effective date of the updated stormwater
utility rates and charges to June 1, 2024.
The motion carried.
(Ordinance No. 004-24)
8. DISCUSSION ITEMS (No Action to be Taken)
A. Kitsap County Affordable Housing Task Force (Time Stamp 28:43)
Tony Ives, Executive Director of Kitsap Community Resources, provided information on housing,
funding, and the WA State Chamber of Commerce, noting there are two Commerce grants the City
could apply for.
9. REPORTS OF COUNCIL COMMITTEES (Time Stamp 47:34)
Councilmember Morrissey reported the Economic Development and Tourism Committee is
scheduled to meet April 8th.
Councilmember Rosapepe reported on the March 12th Utilities Committee meeting. He also reported
on the Sewer Advisory Committee and tour of the wastewater treatment plant, and the March 20th
Land Use Committee meeting.
Councilmember Trenary reported on the March 19th Finance Committee meeting.
Mayor Putaansuu reported on the March 26th Transportation Committee meeting and the upcoming
April 12th Council Retreat and topics.
Mayor, Council, and staff briefly discussed the Bay Street Pedestrian Pathway project, the Pottery
Avenue Non-Motorized project, and the Comprehensive Plan Update.
10. REPORT OF THE MAYOR (Time Stamp: 1:14:26)
The Mayor reported on:
• March 27th Kitsap Economic Development Alliance Annual Meeting and Economic Forecast.
• Association of Washington Cities Annual Conference in June.
• The City of Port Orchard has an opportunity to be an alternate on the Puget Sound Regional
Council Economic Board. Councilmember Morrissey accepted this position.
• April 27th Community Clean Up Day.
• Naloxone training.
11. REPORT OF DEPARTMENT HEADS (Time Stamp 1:18:59)
Public Works Director Ryan reported the NPDES Western Washington Stormwater permit has been
submitted and an update on the Asset Management system.
Page 100 of 126
March 26, 2024, City Council Meeting Minutes
Page 4 of 5
City Clerk Wallace reported a broken link has been fixed on the City’s website [the Bay Street
Pedestrian Pathway page].
12. CITIZEN COMMENTS ON ANY ITEM (Time Stamp 1:20:33)
Robert McGee voiced concerns with raising his hand during the Transportation Committee meeting
and not being called on, comments made by the City regarding his property, and lack of
communication with the City and the right-of-way agent.
At 7:53 p.m., Mayor Putaansuu noted the 3-minute timeline for someone providing testimony during
Citizen Comments had passed.
MOTION: By Councilmember Chang, seconded by Councilmember Fenton, to allow Robert McGee
to finish his testimony.
The motion moved. Councilmember Rosapepe voted no.
Robert McGee said he is disappointed with the way things are and does not like the adversarial
relationship he has with the City. He does like the amenities that would be provided, but questions
the process. All he wants is to have a respectful, meaningful conversation.
13. CITY COUNCIL GOOD OF THE ORDER (Time Stamp: 1:28:43)
Councilmember Rosapepe reminded everyone Coffee with Council is April 6th and said don’t forget
to file your F-1 with the PDC [Public Disclosure Commission].
Councilmember Morrissey said the cruise lines are going back to the Port of Bremerton this year.
Councilmember Trenary reported Senator Murray’s budget provided funding for $1.755 million to
the South Kitsap Helpline food distribution bank and was a judge for the new Fathoms O’ Fun court
who will be before the Council soon.
Councilmember Worden reported on a fundraiser he attended for the South Kitsap High School
basketball coach who was shot on I-5 and on April 6th, the high school baseball team is playing at
Cheney Stadium for ‘Salute to the Troops’. There is no charge to attend the game.
14. EXECUTIVE SESSION
At 8:02, Mayor Putaansuu recessed the meeting for a 15-minute executive session pursuant to RCW
42.30.110(1)(i) regarding proposed legal risks of a proposed action when public discussion may have
adverse legal or financial consequences. City Attorney Archer, Finance Director Crocker and Public
Works Director Ryan were invited to attend, and City Attorney Archer announced no action would
be taken.
At 8:17 p.m., Mayor Putaansuu extended the executive session for an additional 5-minutes.
Page 101 of 126
March 26, 2024, City Council Meeting Minutes
Page 5 of 5
At 8:23 p.m., Mayor Putaansuu extended the executive session for an additional 5-minutes.
At 8:27 p.m., Mayor Putaansuu extended the executive session for an additional 5-minutes.
At 8:32 p.m., Mayor Putaansuu reconvened the meeting back into session.
15. ADJOURNMENT
The meeting adjourned at 8:32 p.m. No other action was taken. Audio/Visual was successful.
Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor
Page 102 of 126
City of Port Orchard
Parks Planning
April 9, 2024
Page 103 of 126
Department Roles
Department of Community Development
The Comprehensive Plan
The Parks, Recreation, and Open Space
(PROS) Plan (joint)
Grant Applications (joint)
Park Master Plans (joint)
Park Improvement Design and Permitting
(joint)
Department of Public Works
Park Operation and Maintenance
Project Bidding
Construction Management for Park Capital
Improvements
The Parks, Recreation, and Open Space
(PROS) Plan (joint)
Grant Applications (joint)
Park Master Plans (joint)
Park Improvements Design and Permit (joint)
Page 104 of 126
The
Comprehensive
Plan – Parks
Element
Update underway – Deadline
December 31, 2024
Serves as the foundation for the
Parks Impact Fee program
Draws from the Park,
Recreation, and Open Space
(PROS) Plan Adopted in 2022
Page 105 of 126
The Parks, Recreation, and Open Space Plan
2022 (PROS Plan)
•Adopted into the Comprehensive Plan in 2022.
•Accepted and certified by the Washington State Recreation Conservation Office (RCO) and valid until February 2028 (6-year certification).
•The City will need to begin updating its PROS Plan
again in 2026 to remain eligible for RCO grants.
•PROS Plan update will be a 2026/2027 budget item.
•RCO grants provide a 50% match for parks projects.
•Park impact fee calculation included in appendix to
PROS Plan.
Page 106 of 126
Park Impact
Fees
•Current fee schedule adopted July 26, 2022, and increased on March 1 for CPI thereafter. March 1, 2024, table is shown:
•Fee schedule is based on persons per household data for building types from Office of Financial Management
•The fee is calculated based on levels of services and on project list in Appendix D to the PROS Plan
•Park impact fees may only be spent on capital projects that add parks capacity to the city. You can’t use impact fees to maintain existing facilities.
Page 107 of 126
Parks
Projects –
Near Term
•Port Orchard Community Event Center
•Library and Community Event Center Building
•Waterfront Plaza Shoreline Restoration and Enhancement Project
•Orchard Street Plaza
•Port Street Plaza
•Givens Park Sport Court Remodel
•McCormick Village Phase 3
•McCormick West Trail Phase 1:McCormick
Village Drive Multi-Modal Pathway
•McCormick West Trail Phase 2: Telford Way
Multi-Modal Pathway
•Sherman Avenue Stormwater Park
Page 108 of 126
Park Grants Received
•Waterfront Plaza Shoreline Restoration and Enhancement Project
•RCO ALEA funds: $500,000
•Givens Park Sport Court Remodel
•RCO Youth Athletic Facilities: $176,400
•Rotary Club: $100,000 (target for fundraising)
•Community Event Center
•Public Facilities District Funding
•Bay Street Pedestrian Pathway
•Federal Funding
Page 109 of 126
Park Grant Applications
•2024
•WWRP Water Access Grant – Orchard Street Plaza
•Funding Requested $500,000
•Application Due May 1st
•RCO Park Maintenance Grant - Marina Park
•Port of Bremerton is Lead
•Letter of Support Requested from Port Orchard
•2026
•Sherman Avenue Stormwater Park
•Givens Park?
•Ruby Creek Park?
Page 110 of 126
Parks Impact Fee Credit Agreements
•McCormick Park Agreement: Contract C110-22
•Previous Credit for dedication of land used for McCormick Village Park: $643,743.00
•New Credit for the following projects:
•McCormick Village Park Phase 3: $1,250,000
•St. Andrews Multi-Modal Trail: $979,012
•McCormick West Multi-Modal Trail Phase 1: $1,468,518
•McCormick West Multi-Modal Trail Phase 2: $979,012
•Sidney Road Apartments (Haven) Development Agreement: Contract C076-21
•Dedication of land along Ruby Creek for Ruby Creek Regional Park in exchange for park impact fee credit: $126,144
Page 111 of 126
McCormick
Village Park
Phase 3
•Contract C110-22
•Impact fee credits in exchange for construction east park entrances and amenities
•Parking, Trail Heads, Trail, Pickleball Courts, Signage, and Landscaping
•Maximum Credit: $1,250,000
Page 112 of 126
McCormick West
Multi-Modal Trails
•Contract C110-22
•Impact Fee Credits in Exchange
for Construction of Trail
Page 113 of 126
St. Andrews Multi-
Modal Pathway
•Contract C110-22
•Impact Fee Credits in Exchange
for Construction of Trail
Page 114 of 126
Sidney Road Apartments
– Park Dedication
•Contract C076-21
•Developer will pay impact fee or dedicate land.
•This property will form part of a Ruby Creek Regional Park.
•Parcel to be dedicated highlighted in green in the
aerial photo.
Page 115 of 126
Parks Projects – Long Term
•Ruby Creek Regional Park
•Johnson Creek Estuary
•Etta Turner Park Expansion
•Mitchell Point (West Bay Waterfront)
•Bay Street Pedestrian Pathway
•New Park Site Acquisition (3 Parks needed in East Port Orchard)
•St. Andrews Multimodal Trail
•Ross Point/Creek
•Givens Park Rehabilitation and Enhancement
•Clayton Park
•Various multimodal pathway projects to implement non-motorized plan
•Other miscellaneous park property acquisitions to maintain LOS for facilities
Page 116 of 126
Ruby Creek Regional Park
Page 117 of 126
Johnson Creek
Estuary
•WSDOT Culvert Replacement –
Grant Funding Secured
•Site Acquisition – WSDOT Funding Secured
•Roundabout at Port Orchard
BLVD
•Estuary Restoration Project and Park Improvements
Page 118 of 126
Etta Turner Park
Expansion
•Blackjack Creek Estuary
Enhancement
•Expand park on west
side of creek as part of
redevelopment.
Page 119 of 126
Mitchell
Point
(Westbay
Center)
Create Waterfront Park as
part of redevelopment
along Bay Street
Pedestrian Pathway.
Page 120 of 126
Agenda Staff Report
Agenda Item No.: Discussion Item 8B Mee�ng Date: April 9, 2024
Subject: Prepared By: Nick Bond, AICP
DCD Director
Summary: Pursuant to POMC 20.182.130 (5), the South Kitsap School District and the Director of the
Department of Community Development are to provide an annual report on the impact fee accounts
showing the source and amount of all monies collected, earned or received and system improvements
that were financed in whole or in part by impact fees. Pursuant to the Interlocal Agreement (035-22)
between Port Orchard and the South Kitsap School District, the District has transmited its annual impact
fee report to the City. The District and City’s required reports are atached to this staff report for City
Council review.
Recommenda�on: Review the annual impact fee reports.
Rela�onship to Comprehensive Plan: Impact fees are authorized in the Growth Management Act and
are based on projects iden�fied in the City’s Comprehensive Plan.
Mo�on for considera�on: N/A
Fiscal Impact: N/A
Alterna�ves: None
Atachments: Impact Fee Report from the Director of Community Development, Impact Fee Report
from South Kitsap School District
City of Port Orchard
216 Prospect Street Port Orchard, WA 98366
cityhall@portorchardwa.gov | (360) 876-4407
www.portorchardwa.gov
2023 Annual Impact Fee Report
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Date: March 6, 2024
To: Nick Bond, City of Port Orchard
From: Monica Hunsaker, Assistant Superintendent Re: 2023 Impact Fee Annual Report The purpose of this memo is to provide an annual report to the City of Port Orchard to comply with Port Orchard municipal code section 20.182.130 (5) regarding the Impact Fee revenues and expenditures
of the South Kitsap School District. Background: School impact fees are assessed against all residential development and the fee amount is based on housing type. Impact fees are spent within a 6-10 year period of being collected for projects
that align with our school district capital plan.
Financial Overview: The following table represents the revenue and expense activity for Calendar Year 2023 and previous Year. In addition to city impact fees, South Kitsap School District collects County impact fees. The table below breaks out these revenues since they are tracked separately within our financial system:
2022 2023
Balance Carryforward $ 1,274,943.36 $ 1,673,582.14
City Impact Fee Revenue $ 433,454.10 $ 550,286.54
County Impact Fee Revenue $ 236,407.02 $ 272,967.55
Expenditures ($ 271,222.34) ($1,484,417.77)
Impact Fee Balance $ 1,673,582.14 $ 1,012,418.46
The above fee revenue and expenditures are based on a calendar year. South Kitsap School District
has a fiscal that starts on September 1st and ends on August 31st. South Kitsap has a capital plan that was last updated in the Spring of 2023. This plan is contingent about a revenue source, some of that source is impact fees. Impact fees are expended for projects identified within our capital plan but also for expenses pursuant to county code 4.110.100 for county
impact fees. In 2022, expenditures were limited to debt repayment for our stadium project at South Kitsap High School. In 2023, expenditures are for work at Marcus Whitman Middle school which includes track modifications/enhancement.
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CITY OF PORT ORCHARD
Department of Community Development
216 Prospect Street
Port Orchard, WA 98366
Phone (360) 874-5533 Fax (360) 876-4980
Memorandum
To: The City Council
From: Nicholas Bond AICP, DCD Director
Date: April 09, 2024
Re: 2023 Impact Fee Annual Report (Per POMC 16.70.130 E)
Port Orchard Municipal Code Section 20.182.130 (5) requires the DCD Director and the South Kitsap
School District to provide an annual report on the collection of park, transportation, and school impact
fees. This memo is written to satisfy the reporting requirement for the City’s park and transportation
impact fees. The School District’s report is to be provided separately pursuant to the Interlocal
Agreement (C035-22) between the District and the City concerning the collection of school impact fees.
Park Impact Fee:
Background: Park impact fees are assessed against all residential development and the fee amount is
based on housing type. Impact fees are intended to be spent within a 10-year period of being collected
for appropriate projects.
10-Year Tracking: The city tracks the total amount of park impact fee revenue collected each year and
when those revenues were spent on park eligible projects. As of the end of 2023, the City has expended
all revenues collected from 2012-2022. See the below table for current revenue received eligible for
projects by fiscal year. Pursuant to RCW 82.02.070 (3) impact fees must be spent within 10 years of
collection. The table below demonstrates $1.945 million must be spent by 2033
2023 Financial Overview: On January 1, 2023, there was a parks impact fee balance of $808,518.
Revenue received during the year included park impact fees of $2,046,801 and interest of $73,042 for
a total revenue received of $2,119,842. Park impact fees were used to pay towards the McCormick
Village Park Splash Pad Retrofit Project in 2023 in the amount of $774,747, Community Events Center
of $142,325 and the Orchard Street Plaza for $66,196 leaving an ending balance of $1,872,050.
Tracking 2019 2020 2021 2022 2023
Revenues 79,059 173,546 248,995 373,215 2,119,842
Applied Expenses (79,059) (173,546) (248,995) (373,215) (174,750)
Balance Available to Spend By Year Collected - - - - 1,945,092
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The follow table represents the revenue and expense activity:
Park Impact Fee Detail History
Transportation Impact Fee:
Background: Prior to 2021, the City had two separate areas for the collection of impact fees due to the
2005 development agreement for transportation between the Kitsap County (assumed by Port Orchard)
and McCormick Communities. In 2015, the City adopted transportation impact fees (effective January
1, 2026) for all areas of the City other than the areas of McCormick woods governed by the 2005
agreement. In 2021, the City approved Ordinance 007-21 and a new Development Agreement for
Transportation between the City and McCormick Communities (C035-21). These two actions
consolidated the City into a single transportation impact fee assessment area and provided for the
combination of McCormick specific transportation impact fees and the non-McCormick specific impact
funds. However, pursuant to the 2005 and 2021 development agreements for transportation, the
McCormick specific impact fees that had been collected are not subject to RCW 82.02.070 requiring
that the funds be spent within 10 years. As such, these funds are and will continue to be tracked and
accounted for separately in annual reports until the funds have been spent in full.
Since Ordinance 007-21 took effect, transportation impact fees are assessed against all new
development in the city and are based on the peak PM trip generation of a project. Impact Fees, other
than those collected pursuant to the 2005 McCormick development agreement for transportation, are
intended to be spent within a 10-year period of being collected for appropriate projects.
Parks Impact Fee 2021 2022 2023
Beginning Balance 255,009 472,322 808,518
Revenue 248,244 362,607 2,046,801
Interest 751 10,608 73,042
Expenses (31,682) (37,019) (983,269)
Ending Balance 472,322 808,518 1,945,092
Developer
Credits Issued
Developer
Credits Issued
2012-2018 2019-2022 2023 FY 2022 FY 2023
MW Parks Impact Fee's- McCormick Village Park 622,011$
McCormick Village Park 368,700$ -$
McCormick Village Splash Pad -$ 110,743$ 774,747$
Community Events Center 142,325$
Orchard Street Plaza 66,196$
McCormick Village Park Lump Sum per KC/PO ILA:
C110-22 22,088$ 273,088$ 643,743$ 348,567$
McCormick Village Phase 3: C110-22 1,250,000$ 1,250,000$
St. Andrews Mulit-Modal Trail: C110-22 979,012$ 979,012$
McCormick West Mulit-Modal Trail PH 1: C110-22 1,468,518$ 1,468,518$
McCormick West Mulit-Modal Trail PH 2: C110-22 979,012$ 979,012$
Ruby Creek Regional Park (PK4)-Ord. 034-21: C076-
21: Haven Apartments 126,144$ 126,144$
Total 990,711$ 110,743$ 983,269$ 22,088$ 273,088$ 5,446,429$ 5,151,253$
Parks Impact Fees - Projects City Expenses Paid DA Maximum
Credit Allowed
Remaining
Available Credits
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10-Year Tracking (non-McCormick Woods Transportation Impact Fees): The city tracks the total
amount of transportation impact fee revenue collected each year and when those revenues were spent
on eligible projects. As of the end of 2023, the City has expended all revenues collected from 2016-
2019. See the below table for current revenue received eligible for projects by fiscal year. Pursuant to
RCW 82.02.070 (3) impact fees must be spent within 10 years of collection. The table below
demonstrates $44,269 must be spent by 2030, $1,205,887 by 2031, $1,845,686 by 2032 and,
$2,317,602 by 2033
2023 Financial Overview (Non-McCormick Transportation Impact Fees): On January 1, 2023 there was
a balance of $3,472,431. Revenue received during the year included impact fees of $2,115,701 and
interest of $201,901 for a total of $2,317,602 in transportation impact fee revenue. Transportation
impact fees were used as follows:
1) TIP 1.7 Bethel-Lincoln Corridor project (TIF 2.04E): $306,893
2) TIP 1.14 Sidney Road Non- Motorized (TIF 2.05): $221
3) TIP 1.15 Pottery Ave Non- Motorized (TIF 2.14): $69,475
The total expenses paid for 2023 was $376,588. Transportation impact fees ended the year with a
balance of $5,413,445.
The follow table represents the revenue and expense activity:
2023 Financial Overview (McCormick Transportation Impact Fees): In the following table, McCormick
Woods impact fees are accounted for separately from the citywide transportation impact fees. Pursuant
to a 2021 Development Agreement for Transportation (035-21), these funds may be spent on any
eligible impact fee project. On January 1, 2023 there was a balance of $691,644 for McCormick Woods
Transportation Fees. The City no longer collects McCormick specific transportation impact fees.
Revenue received during the year included interest of $28,178. In 2023 McCormick Woods impact fees
in the amount of $111,871 were used to reimburse McCormick Land Co. (as assigned) for previously
constructed improvements pursuant to the 2005 Development Agreement for Transportation between
McCormick Communities LLC and the City. Additionally, $188,484 was used to for TIP 1.18
Salmonberry Round About designs. The total expenses paid for 2023 was $300,356. The result of these
activities is an ending balance of $419,466
10-Year Tracking 2020 2021 2022 2023
Revenues 498,544 1,205,887 1,845,686 2,317,602
Applied Expenses (454,275) - - -
Balance Available to Spend By Year Collected 44,269 1,205,887 1,845,686 2,317,602
Transportion Impact Fee 2020 2021 2022 2023
Beginning Balance 702,981 944,142 1,731,882 3,472,431
Revenue 492,001 1,203,166 1,800,222 2,115,701
Interest 6,543 2,721 45,464 201,901
Expenses (257,383) (418,147) (105,138) (376,588)
Ending Balance 944,142 1,731,882 3,472,431 5,413,445
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The follow table represents the revenue and expense activity:
Restated Transportation Impact Fees:
In 2021 the McCormick Woods Transportation Impact Fees were merged with the City transportation
fee through a new agreement (C035-21). The following table restates the combined transportation
impact fee balances for 2021,2022 and 2023.
Transportation Impact Fee Detail History
MW Transportion Impact Fee 2021 2022 2023
Beginning Balance 785,820 788,899 691,644
Revenue 29,244 - -
Interest 1,946 11,232 28,178
Expenses (28,111) (108,487) (300,356)
Ending Balance 788,899 691,644 419,466
2021*2022*2023*
Beginning Balance 1,729,962 2,520,781 4,164,074
Revenue 1,237,077 1,856,918 2,345,780
Expenditure (446,258) (213,625) (676,944)
Ending Balance 2,520,781 4,164,074 5,832,910
*2021,2022,2023 Re-stated to reflect New McCormick Agreement
Transportation Impact
2021 Project Description TIF
Developer
Credits
Developer
Credits issued
Developer
Credits issued Growth Share Certified
2021 2008-2015 2016-2021 2022 2023 FY 2021 FY 2022 FY 2023 Remaining Project Cost
Glenwood Connector Roadway (C035-21)DA 2,225,432$ 391,612$ 291,228$ 103,640$ 111,872$ 1,225,471$ 2,123,823$ -$
Tremont St Widening CN Phase 1.1 2,060,367$ 47,000$ 2,013,367$ -$
Bethel/Sedgwick Corridor Ph. 1 Design 1.3 326,570$ 326,570$ -$
Old Clifton Rd/Anderson Hill Rd Roundabout 1.4 874,719$ 147,685$ 727,034$ -$
Old Clifton Rd Design - 60%1.5A 625,346$ 4,847$ 620,499$ -$
Old Clifton Rd/Campus Pkwy Roundabout (C035-21)DA-1.5C 1,780,346$ 81,360$ 144,849$ 155,205$ 1,320,636$ 1,702,051$ 1,702,051$ 1,320,636$
Vallair Ct Connector 1.7 107,596$ 107,596$ -$
Sidney Ave (N) Widening 2.01 3,498,873$ 3,498,873$ -$
Sedgwick Rd West Design/ROW 2.02 803,381$ 803,381$ -$
Sedgwick Rd West Construction 2.03 2,409,586$ 2,409,586$ -$
Bethel/Sedgwick Corridor Ph. 1 ROW/Construction 2.04A 1,663,342$ 188,484$ 1,474,858$ -$
Bethel/Sedgwick Corridor Ph. 1 ROW/Construction- (C039-23) DA-2.04A 272,888$ 272,888$ 245,245$ 245,245$
Bethel/Sedgwick Corridor Ph. 2 2.04B 1,629,357$ 1,629,357$ -$
Bethel/Sedgwick Corridor Ph. 3 2.04C 108,797$ 108,797$ -$
Bethel/Sedgwick Corridor Ph. 4 2.04D 2,301,069$ 2,301,069$ -$
Bethel/Sedgwick Corridor Ph. 5 2.04E 6,152,763$ 602,384$ 96,089$ 306,893$ 5,147,397$ -$
Sidney Rd (S) Widening 2.05 2,011,365$ 221$ 2,064,099$ -$
Sidney Rd (S) Widening (C076-21)DA-2.05 522,754$ 469,800$ -$ 580,085$ 469,800$ -$
Sidney Rd (S) Widening (C070-22)DA-2.05 351,561$ 351,561$ 315,949$ 315,949$
Pottery Ave (N) Widening 2.06 308,779$ 308,779$ -$
Old Clifton Rd Shoulder & Ped Improvements 2.07 1,876,039$ 86,630$ 1,789,409$ -$
Old Clifton Rd/McCormick Woods Dr Roundabout (C035-21) DA-2.08 1,780,346$ 1,780,346$ -$
Melcher St Widening 2.09 28,128$ 28,128$ -$
Fireweed Rd Widening 2.1 13,019$ 13,019$ -$
Sherman Ave Widening 2.12 18,249$ 18,249$
Tremont St Widening Ph. 2- PO Blvd 2.13 5,944,129$ 5,944,129$
Pottery Ave (S) Widening 2.14 461,910$ 9,049$ 69,475$ 383,386$
Blueberry Rd Widening 2.16 89,594$ 89,594$
Geiger Rd Widening 2.17 13,019$ 13,019$
Salmonberry Rd Widening 2.18 32,050$ 32,050$
Piperberry Way Extension 2.19 28,558$ 28,558$
Old Clifton Rd/Feigley Rd Roundabout 2.21 34,661$ 34,661$
DA Feigley Rd Improvements*DA 85,094$ 76,474 -$ 76,474$ -$
Totals 40,439,686$ 468,086$ 1,174,927$ 213,625$ 676,945$ 81,360$ 614,649$ 155,205$ 36,866,365$ 4,482,432$ 2,733,045$ 1,881,830$
City Expenses Paid Remaining
Available Credits
2021 TIF Growth
Share (Adjusted for
Annual Inflation)
DA Allowed
Maximum
Credit
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