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04/23/2024 - Regular - PacketT.Q9RCHARD. Meeting Location: Contact us: Council Chambers, 311 Floor Phone (360) 876-4407 216 Prospect Street citvhall@portorchardwa.gov Port Orchard, WA 98366 www.portorchardwa.gov City of Port Orchard City Council Regular Meeting Agenda April 23, 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/o/85455847481 Zoom Meeting ID: 854 5584 7481 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. Adoption of a Resolution Confirming Mayoral Appointment to the Planning Commission (Wallace) Page 4 D. ADDroval to Accent a Special Event ADplication and Waive the Submittal Timeline: Port Orchard Niaht Market (Wallace) Page 6 E. Approval of the April 12, 2024, City Council Retreat Minutes Page 19 F. Excusal of Councilmember Worden for Personal Obligation 5. PRESENTATION A. Introducing the Fathoms O' Fun 2024 Royalty Court 6. PUBLIC HEARING (Accepting public testimony from citizens limited to the specific item listed) 7. BUSINESS ITEMS A. Adoption of an Ordinance Amending POMC 13.06 Pertaining to Storm Drainage Services Charges and Capital Facilities Charges (Archer) Page 40 B. Adoption of a Resolution ADDrovina a Contract with Miles Resources. LLC for the Bethel Ave. Bethel Rd SE, Lincoln Ave SE, and Mitchell Rd SE Protect (Ryan) Page 58 C. Approval of Change Order No. 1 to Contract No. 063-23 with JMG Constructors, Inc. for the McCormick Woods -Well 11 Site Improvements (Ryan) Page 102 D. ADDroval of a Memorandum of Understanding with the Teamsters Rearesentina Municiaal Court Employees Regarding Part-time Employee Benefits (Lund) Page 151 8. DISCUSSION ITEMS (No Action to be Taken) A. Retreat Outcomes (Mayor) Page 153 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. EXECUTIVE SESSION: Pursuant to RCW 42.30.110, the City Council may hold an executive session. The topic(s) and the session duration will be announced prior to the executive session. 14. CITY COUNCIL GOOD OF THE ORDER 15. ADJOURNMENT 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 May 13, 2024; 9:30am — 2nd Monday of the month Remote Access Utilities May 14, 2024; 5:00pm — 2"d Tuesday of the month Remote Access Sewer Advisory June 11, 2024; 3:00pm WSUD Finance May 21; 2024; 4:00pm — 3rd Tuesday of the month Remote Access Transportation April 23; 4:30pm- 4th Tuesday of the month Remote Access Land Use April 24, 2024; 9:30pm Remote Access April 23, 2024, Regular Meeting Agenda Page 2 of 3 Lodging Tax Advisory TBD 2024 Remote Access Community Cleanup Day April 27, 2024; 9:00am Various Locations Outside Agency Committees Varies Varies 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 Eric Worden Councilmember Position 4 Land Use Committee Utilities/Sewer Advisory Committee KRCC-alt Brandy Wallace, MMC, CPRO City Clerk Matt Brown Police Chief Mark Trenary Councilmember Position 1 Finance Committee, Chair Transportation Committee KRCC PSRC-alt Heidi Fenton Councilmember Position 5 Utilities/Sewer Advisory Committee E/D & Tourism Committee Transportation Committee Debbie Lund, CEBS SPHR SHRM-SCP Human Resources Director Nicholas Bond, AICP Community Development Director Jay Rosapepe Councilmember Position 2 Utilities/Sewer Advisory Committee, Chair Land Use Committee, Chair KEDA-alt Fred Chang Councilmember Position 6 (Mayor Pro-Tempore) E/D & Tourism Committee Kitsap Community Resource Finance Committee Noah Crocker, M.B.A. Finance Director Denis Ryan, CPWP-M, CPRP Public Works Director Scott Diener Councilmember Position 3 Land Use Committee Transportation Committee Kitsap Public Health District John Morrissey Councilmember Position At -Large Finance Committee E/D & Tourism Committee Lodging Tax, Chair Kitsap Economic Development Alliance PSRC EDD-alt Tim Drury Municipal Court Judge April 23, 2024, Regular Meeting Agenda Page 3 of 3 Back to Agenda City of Port Orchard OW216 Prospect Street Port Or1 (36 , 87 -4407 ORCHARD. cityhall ar portorchardwa.gov � (360) 876-4407 www. ortorchardwa. ov- 77�� Agenda Staff Report Agenda Item No.: Consent Agenda 4C Subject: Adoption of a Resolution Confirming Mayoral Appointment to the Planning Commission Meeting Date: April 23, 2024 Prepared By: Brandy Wallace, MMC City Clerk Summary: On March 1, 2024, the Mayor received the resignation of Planning Commissioner Bek Ashby. Therefore, Position No. 6 is a vacant position. The Mayor is seeking to appoint Paul Fontenot, upon confirmation of the City Council. The position will serve the remainder of the term, which ends December 31, 2027. Recommendation: Adoption of a Resolution confirming his appointment of Paul Fontenot to the Planning Commission to fill a vacant position. Relationship to Comprehensive Plan: N/A Motion for consideration: "I move to adopt a resolution confirming the Mayor's appointment to the Planning Commission, as set forth in the Resolution presented." Fiscal Impact: None. Alternatives: Not confirm the Mayor's appointment and provide further direction. Attachments: Resolution Page 4 of 154 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON CONFIRMING MAYORAL APPOINTMENT TO THE PLANNING COMMISSION. WHEREAS, the Mayor is authorized to appoint volunteers to fill expired or vacant terms on various boards, committees, and commissions, upon confirmation of the City Council; and WHEREAS, on March 1, 2024, the Mayor received the resignation of Planning Commissioner Bek Ashby, leaving Position No. 6 vacant; and WHEREAS, the Mayor is seeking to appoint Paul Fontenot, to serve the remainder of the term, which ends December 31, 2027; now therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The City Council of the City of Port Orchard does hereby confirm the appointment of Paul Fontenot to fill vacant position No. 6 for the remainder of the term, which ends on December 31, 2027. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the City Clerk in authentication of such passage this 23rd day of April 2024. ATTEST: Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 5 of 154 Back to Agenda City of Port Orchard OW216 Prospect Street Port Or1 (36 , 87 -4407 ORCHARD. cityhall ar portorchardwa.gov � (360) 876-4407 www. ortorchardwa. ov- 77�� Agenda Staff Report Agenda Item No.: Consent Agenda 4D Subject: Approval to Accept a Special Event Application and Waive the Submittal Timeline: Port Orchard Night Market Meeting Date: April 23, 2024 Prepared By: Brandy Wallace, MMC City Clerk Summary: City staff received a Special Event application for a series of Night Markets to take place on Saturdays, June 15, July 13, August 17, and September 14, 2024. Since this application was received less than the required 180 days it requires Council approval to allow staff to accept and process the application. The application states the following: EVENT: Port Orchard Night Market TYPE: Vendor Fair DATE: Saturdays, June 15, July 13, August 17, and September 14, 2024 TIME: Open to the public at 3:00 p.m. until 11:00 p.m. LOCATION: Sidney Parkway, Parking Lot #2 between Sidney Avenue and Frederick Street CLOSURE: Parking Lot #2, between Sidney Avenue and Frederick Street and Frederick Street The required notice, pursuant to POMC 5.94.050(3), allowing citizens to provide written comments regarding how allowing the special event will impact their property, business, or quality of life will still be noticed upon council accepting the application. Staff and outside agencies will still need to review the application and will work towards ensuring safety measures are in place. Relationship to Comprehensive Plan: N/A Recommendation: Staff supports the application, upon the event meeting the required necessary public safety and traffic control provisions. Page 6 of 154 Back to Agenda Staff Report 4D Page 2 of 2 Motion for consideration: I move to approve the Port Orchard Night Market application be accepted and processed by staff, as presented, and to waive POMC 5.94.030(3) for this event. Fiscal Impact: None. Alternatives: Not modify the time submittal requirement. Attachments: Application Page 7 of 154 Back to Agenda SPECIAL EVENT PERMIT APPLICATION (PORT ORCHARD (MUNICIPAL CODE 5.94 AND 5.96) STANDARD PROCESSING FEE: $50.00 Event Information qp I V�D �'a� R 0 9 2024 ��KS°RCN Event Name: kk Type of Event: ❑Festival Walk/Run Parade Dovendor Fair Concert Block Party Other: Event or Organization Website: WWw . ?V GSA . 6)pn Description of event: jj,�� 11�� ll ,, -- .. 6,.vtntU,Uc. 4,. V�i[90iu A pool, � l.t-Lw . 4t Event Date and Time Event Dates: Indicate Dates/Times OPEN to attendees Hours: Open until closing each day Expected Daily Attendance: Day 1 Day 2 Day: Date: f _ Start Time: End Time: Day: AIA Date: 7/.,- 1 Start Time: G. End Time: )Q Day 3 Day: Date: V/. Start Time: End Tim�j " S-0 Day �4 Day: � Date:Ctj 11 Start Time End Ti � _7SD Day 5 Day: Date: Start Time: End Time: Event Setup Starts: Event Take Down Complete: Total Start Day/Date: C` ,ta� 3 l� Start Time: N� End Day/Date: End Time: / / I A'L, Attendance: (add at/ rows and cciumns) Event Location: Describe the location that your event will be located at. Include street names and/or parks. Attached required map. City of Port Orchard 15pecial Event Application Page 8 of 154 Revised 1211212023 Page 1 of 13 Back to Agenda Applicant Information* Sponsoring Organization Name: 'Pb r1L A 0 C_ Do you have an active City Business License? es jNo is your UBi number? Applicant Contact Name: Title: :What Physical Address:-7O1 8_ _, (� Mailing Address: (if different from street address) City: O D State Zip: 98 City: �G t�i Stat Zip Phone:340, 1 3 Alternate Phone: Email: *Please note the applicant information provided may be shared for inquires made an event details Admission Fees: Does your event require a paid fee for participants and/or spectators? Does your event require minimum or suggested donation for participants and Admission/participation fee/ suggest donations amount(s): MIA Use of City Streets and/or State Highway STATE HIGHWAY: No Spectators? es �40 Will this event require closure of a State Highway (most common is Bay Street/SR166)? Des 1XINo If yes, which highway: Bay Street/SR 166 Sedgwick Road Mile Hill Drive For State Highway Closures, the sponsoring organization must submit the application to the city at least 120 calendar days before the event date. Upon city approval of the event, the sponsoring organization shall seek permission from the Washington State Department of Transportation (WSDOT) by completing an online application. Once permission is granted from WSDOT, a copy of the Letter of Acknowledgment or an Agreement will need to be provided to the city 45 days prior to the event. WSDOT's online application is located at: hfi.�.>�T ents CITY PROPERWSTREETS (Right-of-way): Port Orchard Municipal Code 5.94.020(7) states "Right-of-way (ROW)" 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." City of Port Orchard I Special Event Application Revised 1211212023 Page 2 of 13 Page 9 of 154 Will this event require closure of any of the below public property/ right-of-way? Pes F-1No Back to Agenda If yes, indicate what type of public property is requested to be closed and the location (select all that apply): A. City Park(s): ❑Van Zee Park ❑Paul Powers Park B. Parking Lot(s): ❑McCormick Village Park Dentral Park ❑Etta Turner Park 11 Givens Park ❑ Rockwell Park Lot 2, which lies between Frederick Street and Sidney Avenue, north of Bay Street. Lot 5: all parking on City Hall property in front of the Police department ❑Lot 8: employee parking lot east of City Hail adjacent to Prospect Alley which is between Kitsap Street and Prospect Street. C. Sidewalk(s) describe the location of the sidewalk being closed: D. Street(s): please fill our the "Details of Closure" section below and provide a traffic control plan of the area impacted. 1) Details of Closure(s): Street Name: Between And Start Date: Start Time: End Date: End Time: (cross street): (cross street): Example Kitsap Street Division Street 00/00/0000 00:00 am 00/00/0000 00.00 pm Sidney Ave g !� �q � m Additional details: (attach additional pages as needed for more streets and/or more details about use.) J)rl� All 70l 6a4--J S l( �rti� J A—k Z) Traffic Control Plan: A traffic control plan is required for all street and highway closures and must be submitted with this application. See hth1*iySite_ Plan. The following is required to be on the plan(s): Detour route(s) Pedestrian and Bicycle routes Volunteers: 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 hem down. etc. I JCitV of Port Orchard I Special Event Application 10 of 154 Revised 1211212023 Page 3 of 13 Back to Agenda Certified flaggers: how many will there be, where will they 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: Name of the Traffic Control company: i Point of Contact Name: Phone: Alternate Phone: Email: j Public Works and Police Services Special events may require the use of public works and police officers for public safety. This may result in additional costs to the organizer. The organizer will be notified if coordination with the Public Works and Police is required. The following are services that will be required to be charged to the organizer: Public Works: Police: Setting up street closure signs Setting up command center on event site Setting up barricades Officers providing security Please provide who the invoice should be sent to: Name company: Name: Address: Phone: Alternate Phone: Email: Parking Impacts Have parking impacts been coordinated with neighbors (residential/business)?J � Yes❑ No If 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. r City of Port orchard I Special Event Application Revised I21512023 Page 4 of 13 Page 11 of 154 Back to Agenda Will you manage your own recycling and garbage collection or will it be managed by a vendor? Self-HauL�Yes ❑No List vendor/company, if applicable: Detail your plan for waste management within the event area and surrounding neighborhood: LkL I Restrooms Prove the number of restrooms that will be available to the public for your event: 3 Males 3 Females —j— Handicap Below is an example of the estimated amounts needed per number of users recommended in the FEMA Special Events Contingency Planning: Jab Aids Manual March 2005 (updated May 2010). Toilet facilities for events where alcohol is not available Males Females Patrons Toilets Urinals Sinks Toilets Sinks �500 1 2 2 6 2 < 1,000 2 4 4 9 4 <2,000 4 8 6 12 6 <3,000 6 15 10 18 10 * 5,000 8 25 17 30 17 Toilet facilities for events where alcohol is available Males Females Patrons Toilets Urinals Sinks Toilets Sinks <500 3 8 2 13 2 < 1,000 5 10 4 16 4 <2,000 9 15 7 18 7 <3,000 10 20 14 22 14 <5,000 12 30 20 40 20 City of Port Orchard I Special Event Application Revised 121512023 Page 6 of 13 Page 12 of 154 Back to Agenda *The City of Port Orchard cannot grant permission for the use of private property for parking. It is the event sponsor's responsibility to contact property owner (business, residential, schools) if you want permission to park on their property. Neighborhood — Business Notification The city clerk's office shall notify the public of each special event proposed to allow citizens to provide written comments regarding how allowing the special event will impact their property, business or quality of life. The city clerk will consider any information provided and may deny the special event permit application if a showing is made of severe financial impact or other undue hardship on a citizen's property, business or quality of life. Alcohol Sales/Services 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, h //1itb.wa,90_y1 for additional information and to apply for the appropriate license / Permit. Will alcohol be sold or consumed at your event? Ikes* ❑No *If yes, you must contact the Washington State Liquor and Cannabis Board for a special liquor license. Food Sales/Service You will need to reach out to the Kitsap Public Health District as they may require a temporaryfood establishment permit. Visit their website at t ors. h or call (360) 728-2235 for information. Will your event have any food service and/or sales?5Yes Do If yes, how many: Will your event have professional catering? []Yes �No If yes, how many: Will your event have food truck(s)? Yes RNo If yes, how many: �J Washington State Fire Code section 105.6.30 Mobile food preparation vehicles is defined as: An operational permit is required for mobile food preparation vehicles equipped with appliances that produce smoke or grease -laden vapors or utilize LP -gas systems or CNG systems. Contact Community Development. U ►:G.-" :iSCSu ■:: _il _.ls_ r - •Ji�i �f...�r : L:.z Garbage and Recycling Collection Stations: How many bins are you providing as collection containers at your event? Recycle 3 Garbage & City of port orchard I Special Event Application Revised 121512023 'age 5 of 13 Page 13 of 154 Back to Agenda These figures may he reduced for shorter duration events as follows: Duration of event Quantity required More than 8 hours 100% 6-8 hours 80% 4-6 hours 75% Less than 4 hours 70% Master Multi -Vendor Event License Will your event have vendors? Yes E]No L� if so, how many anticipated exhibitors/vendors will be at your event? qo if so, will they be selling merchandise and/ or food? M1fes ENo — If you indicated Yes, please see the Food section on Page 4 of this application. POMC 5.96, if your event has two or more vendors engaged in public property vending, you are required to have a Master Multi - Vendor Event License (MMVEL). The MMVEL fee is $15.00 per day or $200 per month. POMC 5.96.020(31(a) states the sponsor of the master event shall provide a list of participating vendors, their business names, their addresses and their State Tax Revenue Identification Numbers to the city clerk within three working days after the first day of the operation. • 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. • Vending devices must be removed from vending sites daily between the hours of 10:00 p.m. and 6:00 a.m. • 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. • 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. • 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. • No mechanical audio or noisemaking devices are allowed, and no hawking is allowed. • 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. • Individual 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 • No conduct shall be permitted which violates any other section of the Port Orchard Municipal Code. Tents Does your event include a tent or membrane structure? ® Yes 1:1No ❑Not Applicable If yes, what is the tent size: I 0X iu Does the tent have sides? 11 Yes T1 No 11 N/A May be required to obtain a permit per POMC 20.200.016.Pplease contact Community Development (360) 874-5533. :ity of Port Orchard I Special Event Application Revised 121512023 Page 7 of 13 Page 14 of 154 Back to Agenda Event Signage Are you planning to put up temporary signs? 12Yes E]No POW 20.132.290 "Temporary sign" (which may include special event sign) means any sign that is used temporarily and is not permanently mounted, painted or otherwise affixed, excluding portable signs as defined by this chapter, including any poster, banner, placard, stake sign or sign not placed in the ground with concrete or other means to provide permanent support, stability and rot prevention. Temporary signs may only be made of nondurable materials including, but not limited to, paper, corrugated board, flexible, bendable or foldable plastics, foamcore board, vinyl canvas or vinyl mesh products of less than 20- ounce fabric, vinyl canvas and vinyl mesh products without polymeric plasticizers and signs painted or drawn with water soluble paints or chalks. Signs made of any other materials shall be considered permanent and are subject to the permanent sign regulations of this chapter. Please contact the Community Development Department at (360) 874-5533 if you have questions or if you need to apply for a sign permit. Amplified Sound N Does your event have any amplified sound?Yes No Indicate dates/time of any amplified sound below: j Day: kcA v V{ Date: Start Time: (I End Time: Day: Date: Start Time: End Time: Day: Date: Start Time: End Time: Describe what sound will be amplified, and at what hours (e.g., 7:00am announcements, 8:00am background music, etc.): i Describe what equipment will be used for amplified sound, and at what locations (show in maps): Describe schematics and direction of amplified sound (show in maps, attach supporting documents as needed Norse levels generated shall not be in excess of allowable levels, consistent with POW 9.24.050. For more information pleose contact the Port Orchard Police Department (360) 876-1700. Site Map A site map is required to be submitted to include the following when applicable: • Vendors • Beer Garden • Signage • Canopies/Tents • Public entrances and exits • Road closures and detours • Traffic patterns with directional arrows/routes • Fire Lanes City of Port Orchard I Special Event Application Revised I21512023 Page 8 of 13 Page 15 of 154 Back to Agenda • Surrounding street names • Garbage/Recycling • Barricades • Food trucks • Generators • Cooking areas • First Aid • Parking • Restrooms • Wash stations • If event is a run/walk, list start and stop locations and water/rest stations: Insurance The sponsoring organization must submit proof of liability insurance naming the City of Port Orchard as an additional insurec by endorsement. Coverage shall remain in force throughout the event. The policy shall have primary coverage limits of at least the following: $1,000,000 Liability and $1,000,000 Bodily Injury Additional insurance may be required where alcohol is bing served. Special Event insurance for events held at city -owned facilities can be purchased at Wsure.hubinternational.com . atirnn}inci irc hi iKinforrn�finr% Release I certify that the event for which this permit is to be used will not be in violation of any City of Port Orchard ordinance. By applying for this special event permit, the organization or entity obtaining such permit agrees to defend, indemnify, and hold harmless the City, its officers, officials, employees and volunteers from all claims, injuries, damages, losses, or suits, including attorney fees and costs, arising out of or in conjunction with the activities or operations performed by the applicant or on the applicant's behalf resulting from the issuance of this permit, except for injuries and damages caused by the sole negligence of the City. The information on this form is considered a public record and is subject to public disclosure laws in Chapter 42.56 RCW. 1, as,e President or Chair of my organization, agree to the terms and conditions listed above. 1A,= Lk Si nature of Preside i/ ha r of Organization Print Name Date FOR CITY CLERK'S OFFICE USE ONLY Date Special Event Fee Paid ($SO): Receipt No.: Insurance Certificate(s) Received: City of Port Orchard I Special Event Application 3evised 121512023 Gage 4 of 13 Page 16 of 154 Back to Agenda Does event require a Master Multi -Vendor License: �5 Yes ❑ No If Yes: ❑ $15/day fee ❑ $200/monthly fee Number of days: Total Amount: Date paid: Receipt No.: Department/Agency Routing: ❑ Police ❑ Public Works ❑ Finance ❑ Community Development ❑ Kitsap Transit ❑ Clerk's Office ❑ Health District Public Notice Dates: Council Action Date: I A. ORCHARD SPECIAL EVENT PERMIT APPLICATION INSTRUCTIONS (PORT ORCHARD MUNICIPAL CODE 5.94 AND 5.96) Thank you for your interest in holding a special event in the City of Port Orchard. This application contains information you need to apply for a special event permit. Included is a checklist designed to help you when submitting this application, and tips for a successful event. What are thefees associated with a special event? • There is a $50 non-refundable administrative fee to process each application. • If two or more vendors are engaged in public property vending, you are required to have a master multi -vendor event license. The fee is $15 per event day. • Closure of Lots 3 and 4 commonly known as waterfront parking, during a weekday and excluding federal holidays, the applicant shall compensate the city for lost revenue for use of the parking lots. When should the special event application be submitted to the City? • The application shall be filed with the city clerk's office no less than 90 calendar days, nor more than one calendar year, before the date when the proposed special event is to take place. A Special Event Reservation Form can be submitted by February 1" of each year to reserve your proposed special event, if the event was held on the same day and location as the previous year. Please note that it provides no guarantee that your event will be approved. • If your event requires any road closures, the application must be submitted at least 120 calendar days before the event date. What is a special event? A special event is defined in the Port Orchard Municipal Code (POMC) as "any organized formation of an activity proposed to occur that affects the public's ordinary use of rights -of -way or public parks, including but not limited to runs, street dances, block parties and parades". Can 1 hold a special event in a City_owned_ park? City of Port Orchard I special Event Application Revised 121512023 Page 10 of 13 Page 17 of 154 cr' _i PA WO ' `�► tiww _'. 4 Back to Agenda Back to Agenda �Ofi� ORCHARD City of Port Orchard: City Council Retreat Summary April 12, 2024 1 9:00 a.m. — 3:00 p.m. I Port Orchard City Hall Draft v. 4-15-24 Purpose: The 2024 City Council retreat focused on prioritizing items for the 2025-2026 City of Port Orchard budget. Welcome Sophie Glass, facilitator, welcomed the City Council and Mayor Putaansuu to their 2024 retreat. Below is a list of City Council members in attendance (listed alphabetically by first name): • Eric Worden • John Morrissey • Fred Chang, Mayor Pro-Tem • Mark Trenary • Heidi Fenton • Scott Diener • Jay Rosapepe Councilmembers made the following process recommendations for next year's retreat: • Send agenda and all meeting materials in advance of the retreat. • Send the 2024 retreat summary in advance of the 2025 retreat. • Bring the 2024 "future/planning efforts" to the 2025 retreat. • Conduct initial prioritization and preparation ahead of the 2025 retreat, perhaps during study sessions. Presentation by the Mayor Mayor Rob Putaansuu provided updates on the status of existing projects. See Attachment A for information about Comprehensive Planning, Parks/Facilities/Master Planning, water and capital projects, sewer capital projects, transportation capital projects, street lighting projects, development agreements, and other miscellaneous planning efforts. As a result of this presentation, councilmembers made the following requests: • Hear an update from Kitsap County on the Fee of in Lieu of Construction effort for Hidden Hills. • Receive information about the cost of the Public Works charging stations. • Provide a list of city -owned properties to City Councilmembers. Timing of Priorities Sophie Glass facilitated a discussion about the timing of the various topics recommended by City Councilmembers, Mayor Putaansuu, and department directors. Councilmembers and the 1 Page 19 of 154 Back to Agenda ORCHARD Mayor had the opportunity to elaborate on the various topics. Mayor Putaansuu provided the following reference documents to accompany this discussion: • Asset Management Specialist Job Description (Attachment B) • Debt Capacity Table (Attachment C) • Memo re: Flock Safety (Attachment D) • Quote re: Flock Safety (Attachment E) • Public Works Assistant Job Description (Attachment F) • Sound Cities Associate Guiding Principles (Attachment G) Then councilmembers divided the topics into the following timing buckets: "Now," "2025-2026 Budget", and "Future/Planning." Now: • Hold an online parliamentary training and roles and responsibilities training. • Increase summer hire staff from 4 to 6 and explore increasing the salary for competitiveness. • Hire an Asset Management Specialist. • Promote Office Assistant II to an Office Assistant III to perform the administrative side of stormwater, sewer & water permits. • Change stormwater FTE into an entry level engineer. • Update the City's Traffic Impact Study. • When the City Attorney has capacity, focus on the following: o Update processes re: ordinance and resolution sponsors. o Explore adding ground rules to City Council members. o Change the public comment process to include one public comment period at the beginning of the meeting. o Add ground rules for public participation during council meetings. • Hold a work study session on the City's Guiding Principles. • Have the City Attorney draft a white paper on options for the Myhre's building. • Discuss 1406 funds — Non -Profit Partners needed. • Create a road clean-up program (see existing work with Kitsap County). • Discuss the plans and vision for the public library property. 2025-2026 Budget: • Hire additional police officers (one in 2025, and another in 2026). • $1 M or more in funding for street preservation work. • Hire one new FTE parks personnel. • Hire a right of way agent. • Complete the Anderson Hill Roundabout Design — Construction 2026-2027 2 Page 20 of 154 Back to Agenda ORCHARD • Hire a part-time Public Information Officer to focus on the City's website, social media, and signage/reader board for City activities. • Construct a Public Works Building for equipment storage. Future/Planning Efforts: • Create an Arts Commission focused on public art. Start conversation with Bremerton and Poulsbo and then send the topic to a committee. • Explore a Parks and Recreation Levy. • Complete 60% design and right of way for the remaining segments of Bethel. • Explore obtaining Public Safety Cameras. • Pursue a stormwater grant for the Downtown Basin or Sidny South. • Discuss future space needs including a new police station, potentially moving Council meetings to the Community Center, and a Public Works building. • Fund a staff member for a downtown main street organization if there is support from the downtown merchants. • Plat industrial land in the City's business park. — Grant Pending • Hire a City Administrator. • Explore creating city dashboards to display data analytics and expose areas for greater efficiency. • Explore plaza funding with debt. • Develop a Master Plan for Givens Park. • Hire a Safety Officer. • Explore annexation via an interlocal agreement(s). The only topic that was removed from consideration was a Citywide Facilities Condition Assessment. See Attachment H for expanded list including cost estimates and the Councilmember who recommended the topic. Mayor Putaansuu committed to bring the items listed under "Now" and "Future/Planning" to the department directors to develop a timeline for implementation. 2025-2026 Budget Process Prioritization Each Councilmember ranked the items slated for the 2025-2026 budget on a 1-7 point scale, with 7 points being the highest priority. Sophie Glass collected all the individual rankings and compiled the scores for each budget item, as shown below. Street Paving + Preservation - $1 M or more for internal and contracted work 40 (adjusted) (Gas Tax & General Fund) Scott & Mark 3 Page 21 of 154 Back to Agenda �Ofit ORCHARD Additional Police Officers -1 plus 1 (General Fund) Chief Brown -Mark J37 One new parks personnel (full time employee). (General Fund) Eric/Scott/Mark PIO (part time FTE) + website + signage reader board - Scott/Fred 34 Staff right of way agent. $120K (General Fund but largely offset from 18 consultant costs) Anderson Hill Roundabout Construction ($2M project mostly impact 17 fees w/$2001( from general fund or REET) 2025 100% design / 2026 construction. Public Works Shop Space ($500K) - Equipment Storage 14 Councilmembers reviewed the outcome of this collective ranking exercise. No major questions or concerns were raised. Wrap Up and Adjourn Mayor Putaansuu thanked the City Council for their excellent work. Councilmembers expressed appreciation for the collaboration throughout the retreat. The meeting was adjourned at approximately 2:45 PM. 4 Page 22 of 154 1284 ORCHARD r Attachment A: Status of Current City Projects Comprehensive Planning: Water System Comprehensive Plan- • Approval through November 30, 2023 for McCormick -OVERDUE • Need to update capacity and hydraulic analysis to seek approval till 2029 • Council will need to adopt updated WSP plan • Plan to go to State by Q2 2024 Sewer Rates • Consultant Procured —Work to commence Q1 2024 Storm Drainage Comprehensive Plan • Downtown Basin underway & Uplands study • Storm Comp Plan- o Finance and DCD need to coordinate CFC implementation o Outreach needed for rate increase ■ Content for webpage, Utility bills, Facebook post • OTHER STORM DRAINAGE o Regional Storm Facilities ■ Pursuing grant opportunities for regional storm water facilities (2024) ■ Design Storm facility for Sidney Avenue South — pursuing grants ■ Awarded $130,000 SW capacity grant (council approval needed) Parks, Facilities, and Master Planning • Regional Storm Drainage Park -Sidney Avenue South o Future Park Project? 2027 o RCO Grant Funding? 2026 application 0 30% concept design —2025 in-house design • 640 Bay Street / Master Planned Project o Working on marketing materials (Nick & Rob) • Community Events Center o AMD 12 DNR lease support -Nick will follow up with Charli o AMD 13 100% Plaza design —award January 2024 o Orchard St Plaza Project: (Not eligible for PFD funding) 5 Page 23 of 154 1284 ORCHARD ■ Schematic Design @ $140k--Underway ■ Final Bid Docs — $600k-Underway o Construction 2027 • Givens Park Pickleball Court and Basketball Rehabilitation o Project cost $310,000 o Design Q2 2024-Consultant o Construction June 2024 o RCO grant approved $186,000 — grant agreement in place o Local match $124,000—Rec Reserve & Rotary o Rotary-MOU (Nick/Charli) January 2024 • Old Clifton Multi -Modal Pathway o Parks plan and TIP o Project Cost $1.6 million o Internal Design Q3 2024, Construction TBD o Review McCormick credit Agreement and Contract for Bayside SEPA funding o Potentially swapping Anderson Hill RAB for McCormick RAB Sewer Comprehensive Plan • GSP Scheduled to be updated in Q2 2024 o Under Contract with Consor • Sewer Rates to be update late Q2 2024 • May have UGA and legislative changes could impact Facilities/Buildings Comprehensive Plan Update • Comprehensive Plans Updates o Expand Public Outreach o Broad language for Office Space expansion and parking o Complete by Dec. 2024 • City Hall Reskin-Construction Underway • South Shed (TBD - Lead) o Bid removal of water tank Q2 2024 • 730 Prospect building purchase o Negotiation to continue 6 Page 24 of 154 Back to Agenda ORCHARD Miscellaneous Planning Water Capital/Projects: Well 13- will cover Final design, mitigation, and construction to complete this treatment, pumping and PRV's • Looking into proceeding with the 90 to 100% design o On hold until Foster is resolved • Pressure Reducing Valves (PRV) o Evaluating 260 and 390 (12 inch from Melcher station) meet requirements o Requesting clarification of which pipes are in each area Well #11 • Under construction — estimated completion Q3 2024 Well #12 • McCormick Communities pilot hole is done at (1500 feet) • McCormick Contracted with Robinson Noble o Well #12 has less of an impact on surrounding streams than Well #11 • Needs to get water rights but cannot guarantee until Foster is complete • McCormick Agreement- to construct pending foster approval Foster Pilot Program • ECY issued a position paper on the Foster Decision and the work involved, trying to open the municipal water law • Estimated to be done with RN & Pors by the end of Q4 2024 • Report of Examination (ROE) is anticipated to be submitted by Q4 2023 for ECY review • Potentially buy a water service from Bremerton to augment Gorst Creek • Pursuing Adaptive management plan (Issue water rights, and as water demand increases the City will increase Stream augmentation • Squaxin Island Tribe preliminary agreement in principles • Still negotiating with Suquamish 7 Page 25 of 154 Back to Agenda �Ofit ORCHARD Water Intertie- (Port Orchard McCormick Intertie)-Old Clifton • Design estimated at $1 mil • On hold McCormick 660 Reservoir • Under construction estimated completion Q4 2024 SR166/Bay Street Water Main replacement • Maintenance Project (M&O) Fund 411 • Design awarded to KPFF, waiting on WSDOT for approval • Design budgeted for 2024 • Construction Q2 2025 Melcher Pump Station • Design 100% complete — PWB to review • Out to bid Q2 2024 Sewer Capital/Protects: Marina Pump Station • Estimated cost for project is $17.6 million o Including Design, Construction, and Construction Administration o $13 million loan approved by ECY — ARPA for balance ■ Project Complete 09.30.2025 ■ Operational by 2026 MW Pump Station #1— Construction Report • Water intrusion and main movement issues are still problematic — Original Performance Bond released and Maintenance Bond in place for accepted work • City will need to update our Capital Assets after acceptance Ruby Creek Lift Station (Sidney South) • Negotiate development agreement and • Negotiate latecomer with Kitsap Transit • Procure consultant for 100% design April 2024 Bay St Lift Station 8 Page 26 of 154 Back to Agenda �Ofit ORCHARD • $1M grant/loan agreement to council for acceptance Q1 2024 • Procure design Q1 2024 Lift Station Controls Upgrade • Ordering generator as separate item • Plans are 100% complete — PWB need to reviewed • Out to bid Q1 2024 Stormwater Capital/Projects: • No Update, No Projects Budgeted • Pursuing grants for Annapolis Creek Design & Ruby Creek • SR166/Bay Street engineering with Storm water comp plan • Johnson Creek estuary restoration -$5 million State grant partnership joint grant application with WSDOT Facilities Capital/Protects: Security Improvements • 720 -$11k (Sean found solutions) Q2 2024 o Funded and evaluating scope of project Transportation Capital/Projects: TIB $680k complete Street Award — TIP 1.15 Pottery Ave (Complete Street) • Construction Q2 2024-council need to approve • $2.2 million —total project TIP 1.8/TIP 1.9 Blueberry & Salmon RAB Bethel Corridor Phase 1-Design • SCJ Alliance-Design-60% • Design-100% contract to council Q2 2024 • ROW Acquisition Q3 2024 • Construction by Q1 2027 • 2025 including developer funding, future TBD funds, and TIB grant Bethel Corridor Phase 5 -Bethel-Lincoln-Mitchel Round About TIP 2.04 • Skilling is working to break into two different projects • Coordinating Utilities — Utility Construction Q2 2024 • Bethel Lincoln -Project to be funded from $1.5 federal grant for construction 9 Page 27 of 154 Back to Agenda ORCHARD • Project Local portion to be provided from $1.3 TIF • TIB-awarded 38.8575% up to $1.170 max for Bethel/Mitchel Construction • Includes the Bethel -Mitchel RAB rather than (Mitchel Y and Mitchel -Lincoln) three-way • TIB board has reinstated funding- $1.17M • Advertise Phase I in Q1 2024 • Local TIF funding available up to $2.67 million • Engineer estimate for 15t roundabout - $950k -$1.2 million Anderson Hill Roundabout 0 Developer SEPA Funding eligible uses —$300K 0 Evaluating Developer proposal Bay Street Path- West Situational Study (Federal grant) • Final plan Q1 2024 -will need council approval • Transportation committee — February 2024 • City council approval — March 2024 TIP 1.Sa Old Clifton Rd -Design (Non -motorized Improvements) • Segment 1— 60% between McCormick Woods Drive and McCormick Village Park • Survey work —expected soon • Design delayed until Q2 2024 Bay Street Path — ROW & Design (Chris on Point) • TIP 1.1—ROW Acquisition --Tierra o Offers for property acquisitions to start Q2 2024 • TIP 1.2—Design o Under Contract for 90 to 100% design-Skillings o Public Works to Design Concepts/Renderings (under $5k) o NEPA revision to be completed and new shoreline permit o Joint Aquatic Resource Permit Application (DARPA) McCormick Woods Drive Round About -ROW • ROW consultant procured — On Hold • Need to work with the HOA for the ROW purchase • ROW needs to be purchased by 2024 • Transportation Credit needs to be updated as project is completed • Evaluating Developer proposal 10 Page 28 of 154 1284 ORCHARD McCormick Village Drive Round About • Working on punch list SR166/BAY STREET- TIP 2.23 (Ord. 067-21) • Need grant agreements for 2 federal sources of money • $ 1 million -Confirm-design contract award March 2024 • $2.2 million-PSRC TIP No. 1.14 Sidney Road Sidewalk • Safe Routes to School (grant)- 06.27.2023 • Match + Local • ROW annexation Kitsap County • Development Agreement Fee in Lieu- On Hold TIP No. 2.xx Tremont Phase 2-3 • Design WSDOT Ped Bike Program (grant)- 06.27.2023 • 100% grant funded • Procurement Q2 2024 Downtown Street Tree and Sidewalk Project • Remove and plant trees Q2 2024 Sedgwick Hwy 160 ROW • ROW acquisition — Multicare (On Hold) • 60% design — procure Q3 2024 Miscellaneous Capital/Projects: • Asset Management o Sewer module live March 2024 • Smart Meters o Installing Iperl meters and radios o Waiting for proposal for antennas • Public Works Charging stations 11 Page 29 of 154 1284 ORCHARD o Waiting for transformer and trucks Capital Assets Franchise Agreement Street Lighting Projects • HSIP street lighting o $220k Budget for 2024 o Construction in 2024 • TIB Conversion to LED- waiting for PSE o TIB agreement term end of 2023-Extend agreement?? o TIB & PSE Under contract—TIB reimbursement est. $200k o City to Pay PSE and seek reimbursement from TIB —Finance research • City properties — On Hold (ROW agent) o Who has the list of City Property- (Arnold Ave) o What properties do we own? o How do we surplus property? Development Agreements • Blueberry Apartments Development Agreement o tracking • Fee of in Lieu of Construction -Hidden Hills o Pay a fee est. $150k rather than build frontage improvements - waiting for payment o tracking • Kitsap Transit Agreement o Federal Funding, Park, Transportation, Sewer Fees o tracking • Salmonberry Apartments o ROW for Traffic Impact Fee Credit o Fee in -lieu for construction • Home Depot Agreement o Bethel phase 4 construction-TIF Credit • Haven Town Homes o Fee in lieu of sidewalks 12 Page 30 of 154 1284 ORCHARD o TIF credits • Haven Apartments o Resolve Park impact fees o TIF credits o Sewer agreement — done o tracking • Diaz Meadows — Council Approved o Water CFC credit 0 580-390 zone o tracking • Kitsap County Courthouse Agreement o Frontage improvements o Vesting to land use codes • Kitsap Helpline Agreement o Stormwater fee in lieu of construction 13 Page 31 of 154 Back to Agenda IF-W ORCHARD Attachment B: Asset Management Specialist job description 1. Asset Management Specialist The Asset Management Specialist reports to the GIS Coordinator/Asset Management Coordinator. The primary functions of this position are to verify record accuracy between GIS, record drawings, and field verification, investigating system discrepancies. Review and provide feedback to GIS /Asset Management Coordinator and Public Works Operations work groups. Create Cartegraph work orders and tasks for field verification of assets through investigation from record drawings, field data, and other verifiable sources. Update inaccuracies in systems for the purpose of maintaining and ensuring the City's utility map quality. Provides support to the GIS /Asset Management Coordinator and Public Works Operations. ESSENTIAL DUTIES AND RESPONSIBILITIES: • Verify and correct record accuracy between Cartegraph and field installation of Port Orchard infrastructure. • Research and investigate discrepancies discovered during operational activities. • Review and provide feedback for CIP and Developmental Services. • Coordinates with CIP, Developmental Services, and other work groups involving contracted services on Gilbert Infrastructure during design. • Coordinate asset management workflow. • Manage video inspection schedules and integrate inspection data into workflow. • Integrate historical as-builts drawings into Cartegraph. • Verify historical easements through investigation and record review. • Other duties as assigned. 14 Page 32 of 154 1284 ORCHARD Attachment C: Debt Capacity Table Table 141. Computation of Debt Capacity (as of August 1, 2023) 2023 Collection Year Assessed Valuer'} S 3,042,683,290 {general Purposes Non -Voted Debt Capacity (I.5%) ' 45,640,249 Less: Outstanding ikon -Voted Debt 3,740,000 Less: The Bonds 10,715,000 R,cmaining Non-VoIrd Debt Capacity $ 31,185,249 Percentage of Non -Voted Debt Capacity Used 31.7% Total (Voter -Approved and Non -Voted) DeE t Capacity (15%) S 76,067,092 Less: OuWanding Voter -Approved Debt 0 Less: Outstanding Non -bated Debt 3,740,000 Less: The Bonds 10,715.000 Total Remaining (Voter -Approved and Ikon -Voted) Debt Capacity S 61,612,092 Percentage of Tow Debt Capacity Used 19.(r/a Utility Purposes Voter -Approved Debt Capacity (2,3 ) S 76,067,082 Less: Outstanding Voter -Approved Debt 0 Remaining Voter -Approved Debt Capacity 5 76,067,082 Percentage of Voter-Appmved Debt Capacity Used ()%u Parks, Open Space and Economic Development Purposes Voter -Approved Debt Capacity (15%) S 76,067,092 Lc.%s: Outstanding Voter -Approved Dcbt 0 Remaining Voter -Approved Debt Capacity S 76,067,082 Percentage of doter -Approved Debt Capacity Used 0% (1) See "GENERAL AND GOVERNMENTAL FUNDS REVENUE SOURCES —Property Tax Assessment and Collection Pr xvJurrs—A.usesaed Value Del -+macron." Sarrrev: City -of Pori Orchard Debt Service Requirements The following table provides the debt service schedule for the City's outstanding limited tax general obligation bonds and the Sands_ 15 Page 33 of 154 1284 ORCHARD Attachment D: Memo re: Flock Safety 16 Page 34 of 154 1284 ORCHARD Attachment E: Quote re: Flock Safety 17 Page 35 of 154 1284 ORCHARD Attachment F: Public Works Assistant Job Description 18 Page 36 of 154 1284 ORCHARD Attachment G: Sound Cities Associate Guiding Principles • Assume that others are acting with good intent • No surprises! • Have each other's backs • Think about who is not at the table • Be candid, but kind • once a decision is made, work together to make it work • Show up to meetings prepared • Be fully present and engaged during meetings • Extend grace to others — cut them some slack • Remain open-minded • Respect differing views 19 Page 37 of 154 Back to Agenda R 0 CHARD Attachment H: List of Retreat Topics Retreat Topics 1. Parliamentary Training - May 21,t. 2. Arts Commission - Public Art (New Fee or Tax) John 3. Additional Police Officers - 1 plus 1 (General Fund) Chief Brown - Mark 4. Street Paving - $1M (Gas Tax & General Fund) Scott & Mark 5. One new parks personnel. (General Fund) Eric/Scott/Mark 6. Increase summer hire staff from 4 to 6. (Mostly General Fund) Eric/Scott/Mark 7. Asset Management Specialist - $75K Enterprise Funds - Denis 8. Promote Office Assistant II to an Office Assistant III - to perform the administrative side of stormwater, sewer & water permits. PW Crew to perform field work. Use Stormwater FTE to hire an entry level Engineer. We continue to try and recruit an Assistant City Engineer. We're going to relook at the salary range. Should these difficult to recruit positions be an average of our comps. 9. Staff right of way agent. $120K (General Fund but largely offset from consultant costs) 10. 60% Design and ROW for the remaining segments of Bethel. (TIF) 11. Anderson Hill Roundabout Construction ($2M project mostly impact fees w/$200K from general fund or REET) 2025 100% design / 2026 construction. 12. Public Safety Cameras 22 Cameras $150K for two years (General Fund) Chief Brown 13. Pursue a stormwater grant for the Downtown Basin or Sidny South (Match from Stormwater Funds) 14. Future space needs - New police station - Moving Council meetings to the Community Center - Public Works building (Short & Long term planning) 15. Fund a staff member for a downtown main street organization. (General Fund but needs the support of the downtown merchants) John 16. Plat industrial land in our business park. (General Fund) Grant Pending 17. Update Traffic Impact Study - 2024 ($35K General Fund) Bond 18. Ordinance & Resolution Sponsors and other outdated code (Process improvement) Bond 19. City Administrator - $180K - $220K - Scott/Eric 20. PIO - $150K - Scott 21. Plans for downtown - Myhre's discussion - Scott 22. Discussion of 1406 Funds & current year funding - Fred 23. Governance Etiquette -Show Example 24. Guiding Principles - Heidi 25. Create a road clean-up program - Mark. (In the works with Kitsap County) 26. Improve public information process & improved public perception - Mark. 27. Public Comment - Mayor 28. City Dash Boards -John 29. Bonding Capacity & Debt - Fred 30. Website - Fred 20 Page 38 of 154 Back to Agenda 1Oh4 ORCHARD 31. Plazza funding with debt — $2M Park Impact Fees — REET - Nick 32. Library Property Plans— Fred 33. Citywide Facilities Condition Assessment $150K General Fund — Denis 34. Master Plan Givens Park $150K Parks? Denis & Nick 35. Public Works Shop Space — Equipment Storage 36. Roles & Responsibilities Training — City Attorney 21 Page 39 of 154 Back to Agenda City of Port Orchard OW216 Prospect Street Port Or1 (36 , 87 -4407 ORCHARD. cityhall ar portorchardwa.gov � (360) 876-4407 www. ortorchardwa. ov- 77�� Agenda Staff Report Agenda Item No.: Business Item 7A Meeting Date: April 23, 2024 Subject: Adoption of an Ordinance Amending Prepared By: Denis Ryan POMC 13.06 Pertaining to Storm Public Works Director Drainage Services Charges and Capital Facilities Charges Summary: In 2023, the City Council adopted the City's 2023 Stormwater and Watersheds Comprehensive Plan following a multi -year collaborative effort to evaluate the City's stormwater drainage system and its impact on the community. Concurrently with the development of the Comprehensive Plan, the City commissioned a rate study conducted by FCS Group to evaluate the City's existing monthly base rate for storm drainage, as well as the need for a capital facility charge to fund the construction of additional facilities to support growth. The results of this effort were memorialized in Ordinance No. 038-23, which was adopted by the City Council in late 2023. The Ordinance adopted a capital facility charge, as well as updated the base charge into the future, based on the evaluated needs set forth in the rate study. The Ordinance set an effective date of April 1, 2024, for the implementation of the updated base rate and the capital facilities charge. Port Orchard Municipal Code Chapter 13.06 contains all codified regulations governing the City's Storm Drainage Utility. Following adoption and in preparing to implement Ordinance No. 038-23, staff identified three issues for remediation prior to implementation: 1. An error in Section 4 of Ordinance No. 038-23, wherein one portion of the section adopted the Capital Facility Charge in the code chapter for Storm Drainage Utility (at POMC 13.06.160), while another sentence purported to adopt the Capital Facility Charge into the existing fee schedule embedded in the POMC chapter for the City's Water/Sewer Utilities (at POMC 13.04.025). To remedy this confusion, staff propose to repeal and replace POMC 13.06.160 and Section 4 of Ordinance No. 038-23 and re -adopt the language in the correct location: POMC 13.06.160. 2. An inspection fee and procedures for an inspection to occur at the time the capital facility charge is paid was included in both amended POMC 13.06.160 and POMC 13.06.150, but staff determined that the inspection and associated fee was not necessary. The associated inspections occur as a component of existing permitting; thus the inspection added at POMC 13.06.150 and the associated fee added at POMC 13.06.160 were duplicative and unnecessary. Page 40 of 154 Back to Agenda Staff Report 7A Page 2 of 2 To remedy this duplication, staff propose to remove the language referencing the inspection in POMC 13.06.150 and remove the associated fee through the repeal and replacement of POMC 13.06.160 and Section 4 of Ordinance No. 038-23 (discussed above). 3. A requested clarification regarding the measurement of "Impervious surface unit (ISU)" for residential structures containing more than one dwelling unit. Under the existing regulations, the City charges for storm drainage is based on the ISU count for the parcel for the purposes of calculating the monthly utility service charge. An ISU is defined as "3,000 square feet of impervious ground cover and is the measure of impervious ground cover to be used by the utility in assessing service charges." The City utilizes a flat rate charge for single-family residential (which is presumed to be one ISU), multiplied the flat rate charge by the number of dwelling units for duplexes and triplexes, and calculated the number of ISUs for multi -family (defined as and commercial accounts based on the measured impervious surface area of those particular uses. In order to ensure that duplex, triplex, as well as single-family residential with ADU(s) were charged in accordance with their impervious surface area, the recommendation was to utilize the measurement approach for all non -single-family residential properties, rather than a multiplier of the base rate. Staff identified less than 100 potentially impacted accounts. If this ordinance is adopted, staff will utilize the measurement methodology to evaluate the ISU count for these properties and assign a new base rate for these properties. It is estimated that the base rate is likely to reduce for many of these accounts, based on initial review of impacted parcel sizes. This calculation method is utilized by neighboring jurisdictions, including Kitsap County. The ordinance makes the necessary amendments to the definitions applicable to this chapter (at POMC 13.06.060), as well as amendments to the calculation methodology set out in POMC 13.06.080 and POMC 13.06.100. Recommendation: Staff recommends adoption of an ordinance repealing and replacing Port Orchard Municipal Code Section 13.06.160, and amending POMC Sections 13.06.060, 13.06.080, and 13.06.100. Relationship to Comprehensive Plan: Chapter 7: Utilities Motion for consideration: I move to adopt an Ordinance repealing and replacing Port Orchard Municipal Code Section 13.06.160, and amending POMC Sections 13.06.060, 13.06.080, and 13.06.100. Fiscal Impact: The amendments may have a de minimus impact on the collection of fees. Alternatives: Do not approve and provide alternative guidance. Attachments: Draft Ordinance Repealing and Replacing Port Orchard Municipal Code Section 13.06.160, and Amending POMC Sections 13.06.060, 13.06.080, and 13.06.100; Redline of proposed POMC amendments; and (3) copy of Ordinance No. 038-23; Ordinance; Courtesy copy of Ordinance No. 038-23, as adopted. 10854772.1 - 366922 - 0001 Page 41 of 154 Back to Agenda ORDINANCE NO. **-24 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO THE STORM DRAINAGE RATES AND CAPITAL FACILITY CHARGES (CFC); REPEALING AND REPLACING A PORT ORCHARD MUNICIPAL CODE (POMC) SECTION 13.06.160; AMENDING POMC SECTIONS 13.06.060, 13.06.080, AND 13.06.100; PROVIDING FOR SEVERABILITY AND PUBLICATION; AND SETTING AN EFFECTIVE DATE. WHEREAS, the City Council recently amended the City's utility rates and fees via Ordinance No. 038-23; and WHEREAS, in the process of implementing the amendments set out in Ordinance No. 038-23, staff identified additional necessary amendments to refine and clarify the City's implementation of the recently amended rates and fees; and WHEREAS, this effort also identified additional amendment to enables more accurate and equitable measurement of the base rate for the monthly service charge; and WHEREAS, the City Council finds that that the amendments herein are consistent with goals and policies of the City's 2023 Stormwater and Watersheds Comprehensive Plan and related regulations, and serve the public health, safety, and general welfare of the citizens of Port Orchard; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Repealer. Section 13.06.160, as adopted by Ordinance No. 038-23 at Section 4, is hereby repealed. SECTION 2. Adoption. New Section 13.06.160 of the Port Orchard Municipal Code is hereby adopted to read as follows: 13.06.160 Fee schedule. (1) The fees set forth below are referenced in POMC 13.06.150. Storm Drainage Capital Facility Charge See POMC 13.06.150 Per ISU $3,087 Page 42 of 154 Back to Agenda Ordinance No. ** Page 2 of 6 SECTION 3. Amendment. Section 13.06.060 of the Port Orchard Municipal Code is hereby amended to read as follows: 13.06.060 Definitions. The following words when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise: (1) "City" shall mean the city of Port Orchard, Washington, a municipal corporation created and existing under the laws of the state of Washington. (2) "Commercial/multifamily" shall mean all property which is not defined as single-family residential in subsection (6) of this section, including but not limited to those residential structures accommodating two, three or four dwelling units. (3) "Developed" shall mean that condition of real property altered from its natural state by the addition to or construction on such property of impervious ground cover or other manmade physical improvements (such as clearing or grading) such that the hydrology of the property or portion thereof is materially affected. (4) "Impervious ground cover" shall mean those hard surfaces which either prevent or retard the entry of water into the soil in the manner that such water entered the soil under natural conditions preexistent to development, or which cause water to run off the surface in greater quantities or at an increased rate of flow than that present under natural conditions preexistent to development, including, without limitation, such surfaces as rooftops, asphalt or concrete sidewalks, paving, driveways and parking lots, walkways, patio areas, storage areas, and gravel, oiled macadam or other surfaces which similarly affect the natural infiltration or runoff patterns existing prior to development. Excluded, however, are all lawns, agricultural areas, and landscaped areas. (5) "Impervious surface unit (ISU)" shall mean 3,000 square feet of impervious ground cover and is the measure of impervious ground cover to be used by the utility in assessing service charges. (6) "Single-family residential" shall mean any residential structure designated for occupancy by one dwelling unit. Single-family residential includes "home business" pursuant to POMC Title 20; provided, that the commercial activity remains incidental to the residential use and does not interfere with the residential character of the neighborhood through noise, traffic, safety hazards, or other public nuisances that may be generated by the commercial activity. (7) "Service charge" shall mean the monthly fee levied by the utility. Page 43 of 154 Back to Agenda Ordinance No. ** Page 3 of 6 (8) "Undeveloped" shall mean that condition of real property unaltered by the construction on or addition to such property of impervious ground cover or physical manmade improvements of any kind that change the hydrology of the property from its natural state. (9) "Utility" means the storm drainage utility established by Ordinance No. 036-08, passed on October 14, 2008. SECTION 4. Amendment. Section 13.06.080 of the Port Orchard Municipal Code is hereby amended to read as follows: (1) Three thousand square feet of impervious ground cover shall be equal to one impervious surface unit (ISU). (2) All single-family residential uses are deemed to contain one equivalent ISU for purposes of the monthly storm drainage utility service charge. (3) The utility shall determine the actual number of ISUs contained on all other property, including but not limited to duplex, single-family residential with accessory dwelling unit(s), triplex, multifamily, and commercial properties and these accounts shall pay a service charge to be calculated as follows: actual impervious ground cover/3,000 square feet multiplied by the single-family residential rate. In making the calculation of the actual number of ISUs, fractions shall be rounded to the nearest whole number but not less than one. SECTION 5. Amendment. Section 13.06.100 of the Port Orchard Municipal Code is hereby amended to read as follows: 13.06.100 Storm drainage service charges. In accordance with the basis for a rate structure set forth in POMC 13.06.070 and 13.06.080, there is levied upon all developed real property within the boundaries of the utility the following service charges which shall be collected from the owners of such properties: (1) Effective June 1, 2024, the storm drainage charges are shown below: (a) For all single-family residential uses, including mobile homes, the monthly service charge shall be $18.34. (b) For all other developed property, including but not limited to duplex, single- family residential with accessory dwelling unit(s), triplex, multifamily, and commercial accounts, the monthly service charge shall be $18.34, multiplied by the number of ISUs determined by the utility to be contained in such parcel pursuant to POMC 13.06.080. (2) Effective January 1, 2025, the storm drainage charges are shown below: Page 44 of 154 Back to Agenda Ordinance No. ** Page 4 of 6 (a) For all detached house accounts, including mobile homes, the monthly service charge shall be $24.03. (b) For all other developed property, including but not limited to duplex, single- family residential with accessory dwelling unit(s), triplex, multifamily and commercial accounts, the monthly service charge shall be $24.03, multiplied by the number of ISUs determined by the utility to be contained in such parcel pursuant to POMC 13.06.080. (3) Effective January 1, 2026, the storm drainage charges are shown below: (a) For all detached houses accounts, including mobile homes, the monthly service charge shall be $31.47. (b) For all other developed property, including but not limited to duplex, single- family residential with accessory dwelling unit(s), triplex, multifamily and commercial accounts, the monthly service charge shall be $31.47, multiplied by the number of ISUs determined by the utility to be contained in such parcel pursuant to POMC 13.06.080. (4) Effective January 1, 2027, the storm drainage charges are shown below: (a) For all detached houses, including mobile homes, the monthly service charge shall be $32.42. (b) For all other developed property, including but not limited to duplex, single- family residential with accessory dwelling unit(s), triplex, multifamily and commercial accounts, the monthly service charge shall be $32.42, multiplied by the number of ISUs determined by the utility to be contained in such parcel pursuant to POMC 13.06.080. (5) Effective January 1, 2028, the storm drainage charges are shown below: (a) For all detached houses, including mobile homes, the monthly service charge shall be $33.39. (b) For all other developed property, including but not limited to duplex, single- family residential with accessory dwelling unit(s), triplex, multifamily and commercial accounts, the monthly service charge shall be $33.39, multiplied by the number of ISUs determined by the utility to be contained in such parcel pursuant to POMC 13.06.080. SECTION 6. Amendment. Section 13.06.150 of the Port Orchard Municipal Code is hereby amended to read as follows: 13.06.150 Storm drainage capital facilities charge. (1) The storm drainage capital facility charge is designed to mitigate the impact of new demands on the existing storm drainage system and to require new or expanded development Page 45 of 154 Back to Agenda Ordinance No. ** Page 5 of 6 to pay its fair share of the value of the storm drainage system including, but not limited to, storm drainage transmission, storage, management, filtration, and dispersal facilities in compliance with the City's NPDES permit. The storm drainage capital facility charge applies to new construction, changes in use, and building modifications which modify the ISU count for the property. Prior to constructing any impervious surface and obtaining either a land disturbing activity permit/stormwater drainage permit and/or building permit, the property owner shall pay, in addition to other applicable charges, the applicable stormwater drainage capital facility charge. The storm drainage capital facility charge for a residential or nonresidential connection is based on a set fee per ISU which is set forth in POMC 13.06.160. (2) Storm drainage Capital Facility Charge - Exception for Redevelopment or Change of Use. Property owners may apply to receive a partial or a full exception to the assessment of the storm drainage capital facility charge, provided all of the following requirements are met: (a) Property owners must submit an application for a partial or a full exception on the city's application form prior to the issuance of any land use or development permits which change the use or development of the property; and (b) A nonresidential or residential account has continuously paid a minimum base fee as applicable; and (c) The property owner decides to construct a new building, change the original use, or modify the original building; and (d) For a full exception, after the building improvements are completed, or new use implemented, the total calculated ISU for the account will be equal to or less than the ISU number calculated by the city under the prior use or development consistent with this section. A partial exception is applicable when the new ISU calculation is larger than the existing ISU calculation. In such case the city will establish the prior calculated ISU which will be used as the basis for a credit toward the storm drainage capital facility charge. SECTION 7. Severability. Should any portion of this ordinance be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. SECTION 8. Savings Clause. Those portions of the Port Orchard Municipal Code which are amended by this ordinance shall remain in force and effect as set out prior to this ordinance until the effective date of this ordinance. Such amendments shall not be construed as affecting any existing right acquired under the laws repealed, nor as affecting any proceeding instituted thereunder, nor any rule, regulation or order promulgated thereunder. Page 46 of 154 Back to Agenda Ordinance No. ** Page 6 of 6 SECTION 9. Publication. This Ordinance shall be published by an approved summary consisting of the title. SECTION 10. Effective Date. This Ordinance shall take effect and be in full force and effect five days after publication, as provided by law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 23rd day of April 2024. ATTEST: Robert Putaansuu, Mayor SPONSOR: Brandy Wallace, MMC, City Clerk Jay Rosapepe, Councilmember APPROVED AS TO FORM: Charlotte A. Archer, City Attorney PUBLISHED: EFFECTIVE DATE: Page 47 of 154 Back to Agenda Ordinance No. XXX-24 — Redline of Code Amendments 13.06.060 Definitions. The following words when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise: (1) "City" shall mean the city of Port Orchard, Washington, a municipal corporation created and existing under the laws of the state of Washington. (2) "Commercial/multifamily' shall mean all property which is not defined as single-family residential in subsection (6) of this section, including but not limited to those residential structures accommodating two. three or four dwelling units. (3) "Developed" shall mean that condition of real property altered from its natural state by the addition to or construction on such property of impervious ground cover or other manmade physical improvements (such as clearing or grading) such that the hydrology of the property or portion thereof is materially affected. (4) "Impervious ground cover" shall mean those hard surfaces which either prevent or retard the entry of water into the soil in the manner that such water entered the soil under natural conditions preexistent to development, or which cause water to run off the surface in greater quantities or at an increased rate of flow than that present under natural conditions preexistent to development, including, without limitation, such surfaces as rooftops, asphalt or concrete sidewalks, paving, driveways and parking lots, walkways, patio areas, storage areas, and gravel, oiled macadam or other surfaces which similarly affect the natural infiltration or runoff patterns existing prior to development. Excluded, however, are all lawns, agricultural areas, and landscaped areas. (5) "Impervious surface unit (ISU)" shall mean 3,000 square feet of impervious ground cover and is the measure of impervious ground cover to be used by the utility in assessing service charges. (6) "Single-family residential" shall mean any residential structure designated for occupancy by one dwelling unit. fhr,,,, r 1 « family hr usehel.ds (SiRgle family, ,duplex aR d triplex) G!61 d* - +hr,�S '-S S Whgeh may Single-family residential includes "home business" pursuant to POMC Title 20; provided, that the commercial activity remains incidental to the residential use and does not interfere with the residential character of the neighborhood through noise, traffic, safety hazards, or other public nuisances that may be generated by the commercial activity. (7) "Service charge" shall mean the monthly fee levied by the utility. (8) "Undeveloped" shall mean that condition of real property unaltered by the construction on or addition to such property of impervious ground cover or physical manmade improvements of any kind that change the hydrology of the property from its natural state. (9) "Utility" means the storm drainage utility established by Ordinance No. 036-08, passed on October 14, 2008. 10816528.1 - 366922 - 0001 Page 48 of 154 Back to Agenda Ordinance No. XXX-24 — Redline of Code Amendments POMC 13.06.080 Storm drainage service charge calculation is hereby amended as follows: (1) Three thousand square feet of impervious ground cover shall be equal to one impervious surface unit (ISU). (2) All single-family residential aeeewnts uses (including mobile homes) are deemed to contain one equivalent ISU for purposes of the monthly storm drainage utility service charge. (3) The utility shall determine the actual number of ISUs contained on all other property, including but not limited to duplex, single-family residential with accessory dwelling unit(s), triplex, multifamily and commercial properties and these accounts shall pay a service charge to be calculated as follows: actual impervious ground cover/3,000 square feet multiplied* by the single-family residential rate. In making the calculation of the actual number of ISUs, fractions shall be rounded to the nearest whole number but not less than one. POMC 13.06.100 Storm drainage service charges. In accordance with the basis for a rate structure set forth in POMC 13.06.070 and 13.06.080, there is levied upon all developed real property within the boundaries of the utility the following service charges which shall be collected from the owners of such properties: (1) Effective June 1, 2024, the storm drainage charges are shown below: (a) For all detached houses, including mobile homes, the monthly service charge shall be $18.34. (bd) For all other developed property, including but not limited to duplex, single- family residential with accessory dwelling unit(s), triplex, multifamily and commercial accounts, the monthly service charge shall be $18.34, multiplied by the number of ISUs determined by the utility to be contained in such parcel pursuant to POMC 13.06.080. (2) Effective January 1, 2025, the storm drainage charges are shown below: (a) For all detached house accounts, including mobile homes, the monthly service charge shall be $24.03. 10816528.1 - 366922 - 0001 Page 49 of 154 Ordinance No. XXX-24 — Redline of Code Amendments (bd) For all other developed property, including but not limited to duplex, single- family residential with accessory dwelling unit(s), triplex, multifamily and commercial accounts, the monthly service charge shall be $24.03, multiplied by the number of ISUs determined by the utility to be contained in such parcel pursuant to POMC 13.06.080. (3) Effective January 1, 2026, the storm drainage charges are shown below: (a) For all detached houses accounts, including mobile homes, the monthly service charge shall be $31.47. (b) FeF all duplexes, r feF detached heuses with a accesseFy .Dwelling unit, the m•vTrcFFIy s eivi ce charge shall be 15.-rper —residential r-aTrr� (bd) For all other developed property, including but not limited to duplex, single- family residential with accessory dwelling unit(s), triplex, multifamily and commercial accounts, the monthly service charge shall be $31.47, multiplied by the number of ISUs determined by the utility to be contained in such parcel pursuant to POMC 13.06.080. (4) Effective January 1, 2027, the storm drainage charges are shown below: (a) For all detached houses, including mobile homes, the monthly service charge shall be $32.42. (b) PeF all duplexes, nr fer detar,hnr! ...i+h-AG-C--'--S5GFY.J....,IliRg WRi+ the rMe rthly se%rEe eharge shall be $16.21 p ssi.J.,.,+i I (bd) For all other developed property, including but not limited to duplex, single- family residential with accessory dwelling unit(s), triplex, multifamily and commercial accounts, the monthly service charge shall be $32.42, multiplied by the number of ISUs determined by the utility to be contained in such parcel pursuant to POMC 13.06.080. (5) Effective January 1, 2028, the storm drainage charges are shown below: 10816528.1 - 366922 - 0001 Page 50 of 154 Back to Agenda Ordinance No. XXX-24 — Redline of Code Amendments (a) For all detached houses, including mobile homes, the monthly service charge shall be $33.39. ..In- IMMMZTMMI� (bd) For all other developed property, including but not limited to duplex, single- family residential with accessory dwelling unit(s), triplex, multifamily and commercial accounts, the monthly service charge shall be $33.39, multiplied by the number of ISUs determined by the utility to be contained in such parcel pursuant to POMC 13.06.080. 13.06.150 Storm drainage capital facilities charge. (1) The storm drainage capital facility charge is designed to mitigate the impact of new demands on the existing storm drainage system and to require new or expanded development to pay its fair share of the value of the storm drainage system including, but not limited to, storm drainage transmission, storage, management, filtration, and dispersal facilities in compliance with the City's NPDES permit. The storm drainage capital facility charge applies to new construction, changes in use, and building modifications which modify the ISU count for the property. Prior to constructing any impervious surface and obtaining either a land disturbing activity permit/stormwater drainage permit and/or building permit, the property owner shall pay, in addition to other applicable charees. the apDlicable stormwater drainage capital facilitv charge. t#capmE-A-hle ster ge Ea ital faedity The storm drainage capital facility charge for a residential or nonresidential connection is based on a set fee per ISU which is set forth in POMC 13.06.160. (2) Storm drainage Capital Facility Charge - Exception for Redevelopment or Change of Use. Property owners may apply to receive a partial or a full exception to the assessment of the storm drainage capital facility charge, provided all of the following requirements are met: (a) Property owners must submit an application for a partial or a full exception on the city's application form prior to the issuance of any land use or development permits which change the use or development of the property; and (b) A nonresidential or residential account has continuously paid a minimum base fee as 10816528.1 - 366922 - 0001 Page 51 of 154 Back to Agenda Ordinance No. XXX-24 — Redline of Code Amendments applicable; and (c) The property owner decides to construct a new building, change the original use, or modify the original building; and (d) For a full exception, after the building improvements are completed, or new use implemented, the total calculated ISU for the account will be equal to or less than the ISU number calculated by the city under the prior use or development consistent with this section. A partial exception is applicable when the new ISU calculation is larger than the existing ISU calculation. In such case the city will establish the prior calculated ISU which will be used as the basis for a credit toward the storm 1110111 Wy _. POW 13.06.160 Fee schedule. (1) The fees set forth below are referenced in POW 13.06.150. Storm Drainage Capital Facility Charge POMC 13.06.150 Per ISU $3,087 10816528.1 - 366922 - 0001 Page 52 of 154 Back to Agenda DocuSign Envelope ID: 4332D489-5BB9-4060-98BC-BF5F7C565C39 ORDINANCE NO. 038-23 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO THE STORM DRAINAGE RATES AND CAPITAL FACILITY CHARGES (CFC); AMENDING PORT ORCHARD MUNICIPAL CODE (POMC) SECTION 13.06.100TO UPDATE STORM DRAINAGE RATESTHROUGH 2O28; ADDING NEW SECTIONS 13.06.1S0 AND 13.06.160 TO THE POMC TO ADOPT STORM DRAINAGE CAPITAL FACILITY CHARGES AND INSPECTION FEES; PROVIDING FOR SEVERABILITY AND CORRECTIONS; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City has been in the process of updating its Stormwater and Watersheds Comprehensive Plan; and WHEREAS, on November 28, 2023, the City Council adopted the 2023 Stormwater and Watersheds Comprehensive Plan by resolution; and WHEREAS, in coordination with the 2023 Stormwater and Watersheds Comprehensive Plan, the City reviewed storm drainage rates and the need for a capital facilities fee for new or expanded buildings and/or development that impact the storm drainage system; and WHEREAS, in order to implement these rate changes and fees, amendments to Chapter 13.06 "Storm Drainage Utility" are needed; and WHEREAS, the City Council finds that the amendments herein are consistent with goals and policies of the City's 2023 Stormwater and Watersheds Comprehensive Plan and related regulations, and serve the public health, safety, and general welfare of the citizens of Port Orchard; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. The above recitals are adopted as findings for this Ordinance. SECTION 2. Section 13.06.100 of the Port Orchard Municipal Code is hereby amended to read as follows: 13.06.100 Storm drainage service charges. In accordance with the basis for a rate structure set forth in POMC 13.06.070 and 13.06.080, there is levied upon all developed real property within the boundaries of the utility the following service charges which shall be collected from the owners of such properties: (1) (a)PeF all single l id tial reau n ORG161diRg P,..i,ile h0 ffle5, the Rie Rthl__e Page 53 of 154 DocuSign Envelope ID: 4332D489-5BB9-4060-98BC-BF5F7C565C39 Back to Agenda ■ 1 Ordinance No. 038-23 Page 2 of 5 .., M_ . ......... IN . . .. {-3} Effective June 1, 20152024, the storm drainage charges are shown below: (a) For all single-family residential accounts, including mobile homes, the monthly service charge shall be $14-BA18.34. (b) For all duplexes and triplexes, the monthly service charge shall be $44:-001 . 4 for each residential unit. (c) For all other developed property, including but not limited to multifamily and commercial accounts, the monthly service charge shall be $44-.-8918.34, multiplied by the number of ISUs determined by the utility to be contained in such parcel pursuant to POW 13.06.080. (2) Effective January 1. 2025, the storm drainage charges are shown below: la) For all single-family residential accounts, including mobile homes, the monthly service charge shall be 524.03. (b) For all duplexes and triplexes, the monthly service charge shall be S24.03 for each residential unit. c For all other developed property,including but not limited to multifamil n commercial accounts., monthly service charge shall be 24.03 m Iti lied by the number of ISUs determined by the utility to be contained in such parcel pursuant to POMC 13.06.080. (3) Effective January 1. 2026, the storm drainage charges are shown below: (a) For all single-family residential accounts, including mobile homes, the monthly service charge shall be 531.47. (b) For all duplexes and triplexes, the monthly service -charge shall be $31.47 for each residential unit. (c) For all other developed property. including but not limited to multifamily and Commercial accounts. the monthly service charge shall be 531.47, multiplied by the number of ISLIs determined by the utility to be contained in such parcel pursuant to POMC 13.06.080. Page 54 of 154 DocuSign Envelope ID: 4332D489-5BB9-4060-98BC-BF5F7C565C39 Back to Agenda Ordinance No. 038-23 Page 3 of 5 (4) Effective January 1. 2027, the storm drainage charges are shown below: (a) For all single-family residential accounts, including mobile homes. the monthly service charge shall be 532.42. (b) For all duel xes and triplexes, the monthly service charge_ shall be_a32.42 for each residential unit. (c) For all ether developed property, including but not limited to multifamily and commercial accounts, the monthly service charge shall be 532.42, multiplied by the number of ISUs determined by the utility to be contaiml irtsuch parcel pursuant to POMC 13.06.080. i5) Effectivejanuary 1 2028, the storm drainage charges are shown below, a For all single-family residential accounts, including mobit h m s he monthl service charge shall be $33.39. b For all duplexes and triplexes, the monthly service charge shall be $33,39 for each residential unit. c For all other developed property, includingjLULrjgt limited to multifamily and commercial accounts, the monthly service charge shall be S33 39 multiplied by the number of ISUs determined by the utility to be contained in such parcel pursuant to POMC 13.06.080. SECTION 3. A new Section 13.06.150 is hereby added to the Port Orchard Municipal Code to read as follows: 13.06.150 Storm drainage capital facilities charge. (1) The storm drainage capital facility charge is designed to mitigate the impact of new demands on the existing storm drainage system and to require new or expanded development to pay its fair share of the value of the storm drainage system including, but not limited to, storm drainage transmission, storage, management, filtration, and dispersal facilities in compliance with the City's NPDES permit. The storm drainage capital facility charge applies to new construction, changes in use, and building modifications which modify the ISU count for the property. Prior to connecting to the city's storm drainage system and obtaining either a building permit or certificate of occupancy, the property owner shall pay, in addition to other applicable charges, the applicable storm drainage capital facility charge. The storm drainage capital facility charge for a residential or nonresidential connection is based on a set fee per ISU which is set forth in POMC 13.06.160. (2) Storm drainage Capital Facility Charge — Exception for Redevelopment or Change of Use. Property owners may apply to receive a partial or a full exception to the assessment of the storm drainage capital facility charge, provided all of the following requirements are met: (a) Property owners must submit an application for a partial or a full exception on the city's application form prior to the issuance of any land use or Page 55 of 154 DocuSign Envelope ID: 4332D489-5BB9-4060-98BC-BF5F7C565C39 Back to Agenda Ordinance No. 038-23 Page 4 of 5 development permits which change the use or development of the property; and (b) A nonresidential or residential account has continuously paid a minimum base fee as applicable; and (c) The property owner decides to construct a new building, change the original use, or modify the original building; and (d) For a full exception, after the building improvements are completed, or new use implemented, the total calculated ISU for the account will be equal to or less than the ISU number calculated by the city under the prior use or development consistent with this section. A partial exception is applicable when the new ISU calculation is larger than the existing ISU calculation. In such case the city will establish the prior calculated ISU which will be used as the basis for a credit toward the storm (3) At the time the storm drainage capital facility charge is paid, a storm drainage inspection fee shall be paid. The storm drainage inspection fee is set forth in POMC 13.06.160. SECTION 4. A new Section 13.06.160 is hereby added to the Port Orchard Municipal Code to read as follows: 13.04.025 Fee schedule. (1) The fees set forth below are referenced in POMC 13.06.160. Storm Drainage Fees Storm Drainage POMC 13.06.150 Capital Facility Charge Per ISU $3,087 Storm Drainage Inspection Fee POMC 13.06.155 Per Connection $111.37 Page 56 of 154 DocuSign Envelope ID: 4332D489-5BB9-4060-98BC-BF5F7C565C39 Back to Agenda Ordinance No. 038-23 Page 5 of 5 SECTION 5. Severability. If any section, sentence, clause, or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of constitutionality of any other section, sentence, clause, or phrase of this ordinance. SECTION 6. Corrections. Upon the approval of the city attorney, the city clerk and/or code publisher is authorized to make any necessary technical corrections to this Ordinance, including but not limited to the correction of scrivener's/clerical errors, references, Ordinance numbering, section/subsection numbers, and any reference thereto. SECTION 7. Effective Date. This ordinance shall be posted and published as required by law and shall be effective and in full force five (5) days following publication, provided, however, that the rates and fees described in Sections 2 through 4 above, shall be effective April 1, 2024. A summary of this ordinance may be published in lieu of publishing the ordinance in its entirety., PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor Pro -Tern and attested by the Clerk in authentication r age this 12T" day of December 2023. Mark Trenary, Mayor Pro-Tem ATTEST: 1e me Floyd, C , Deputy City Clerk APPROVED AS TO FORM: UocuSigned by: Charlotte A. Archer, City Attorney PUBLISHED: December 15, 2023 EFFECTIVE DATE: December 20, 2023 SPONSOR: Cindy carelli, Councilmember .NSEAL 10FWAV'17"'� Page 57 of 154 City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 citvhall&portorchardwa.gov 1 (360) 876-4407 www.portorchardwa.gov Agenda Staff Report Agenda Item No.: Business Item 7B Subject: Adoption of a Resolution Approving a Contract with Miles Resources, LLC for the Bethel Ave, Bethel Rd SE, Lincoln Ave SE, and Mitchell Rd SE Project ORCHARD. Meeting Date: April 23, 2024 Prepared By: Denis Ryan Public Works Director Summary: The City identified the need for the Bethel Ave, Bethel Rd SE, Lincoln Ave SE, Mitchell Rd SE Project (the "Project"). This project includes improvement of Lincoln Ave SE and Mitchell Rd SE through the construction of a roundabout at the intersection of Lincoln Ave SE and Mitchell Rd SE, and will include partial reconstruction of roadways approaching the intersection. Roadway and sidewalk improvements are also included on Lincoln Ave SE and Mitchell Rd SE. The Work will also include ADA ramps, Driveway grading, storm drainage improvements, street lighting, modular block walls, signing, striping, overhead franchise utility, undergrounding coordination, and other work. On December 14, 2021, the Port Orchard City Council committed to the Project by accepting a 2022 Urban Arterial Program grant award from Washington State Transportation Improvement Board (TIB) which provided funding for the Project. Pursuant to state law and the City's Procurement Policies, as adopted by Resolution No. 072-23, the City's Public Works Department utilized formal bidding and published an Invitation to Bid (ITB) for the Project. The ITB was published in the Kitsap Sun and Daily Journal of Commerce on February 23, 2024 and March 1, 2024. On February 23, 2024, staff uploaded the bid documents to the Washington Builder's Exchange and the City's Webpage. On March 26, 2024, by the 10:00 am bid deadline, the City Clerk received six (6) sealed bids. After confirming that there were no objections made and that there were no challenges to the Public Opening process, the six (6) sealed bids were opened and read aloud by the City Clerk. The City Clerk then prepared a Bid Tabulation form, and the Public Works Department prepared a Bid Evaluation form (including applicable taxes, labor, equipment, material, and fees), resulting in the initial determination that Miles Resources, LLC, was the presumed lowest qualified, responsible, and responsive bid. The final bid amounts were as follows: Name of Contractor Bid Total Active Construction, Inc $1,365,365.00 Page 58 of 154 Back to Agenda Staff Report 7B Page 2 of 2 Ceccanti, Inc $1,121,200.00 Miles Resources, LLC $1,089,176.20 Northwest Cascade, Inc. $1,120,925.00 Pacific Civil & Infrastructure, Inc. $1,340,838.00 Pat Hall Construction, Inc. $1,154,630.24 The Public Works Department reviewed all materials and confirmed that the bidding requirements for this public work have been followed. On March 29, 2024, the City's Public Works Department Staff completed the MRSC Mandatory Bidder Responsibility Checklist and confirmed that Miles Resources, LLC's bid was the lowest qualified, responsible, and responsive bid. Recommendation: Staff recommends that the City Council adopt a Resolution Authorizing the Mayor to execute a contract with Miles Resources, LLC for the Bethel Ave, Bethel Rd SE, Lincoln Ave SE, Mitchell Rd SE Project in the amount of $1,089,176.20 (applicable tax included). Relationship to Comprehensive Plan: Chapter 7: Utilities, and Chapter 8: Transportation Motion for consideration: I move to adopt a Resolution authorizing the Mayor to execute a contract with Miles Resources, LLC for the Bethel Ave, Bethel Rd SE, Lincoln Ave SE, Mitchell Rd SE Project in the amount of $1,089,176.20 (applicable tax included). Fiscal Impact: The City received the 2022 Urban Arterial Program grant award from Washington State Transportation Improvement Board (TIB)in the amount of $985,493. Additional local funding from Transportation Impact Fees will also be included in the funding packet. The project is budgeted in the 2023-2024 Biennial budget. Alternatives: Do not approve and provide further guidance. Attachments: Resolution Contract Page 59 of 154 Back to Agenda RESOLUTION NO. **-24 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH MILES RESOURCES, LLC FOR THE BETHEL AVE, BETHEL RD SE, LINCOLN AVE SE, MITCHELL RD SE PROJECT AND DOCUMENTING PROCUREMENT PROCEDURES. WHEREAS, the City identified the need for the Bethel Ave, Bethel Rd SE, Lincoln Ave SE, Mitchell Rd SE Project, to construct a new roundabout to alleviate traffic congestion and make additional improvements to the roadways in this area (the "Project"); and WHEREAS, on December 14, 2021, the Port Orchard City Council accepted a 2022 Urban Arterial Program grant award from Washington State Transportation Improvement Board (TIB) which provided funding for the Project; and WHEREAS, pursuant to the City's Procurement Policies, as adopted by Resolution No. 072-23, the City's Public Works Department published an Invitation to Bid (ITB) for the project; and WHEREAS, the ITB was published in the Kitsap Sun and Daily Journal of Commerce on February 23, 2024, and March 1, 2024, and on February 23, 2024, staff uploaded the bid documents to the Washington Builder's Exchange and the City's Webpage; and WHEREAS, on March 26, 2024, by the 10:00 am bid deadline, the City Clerk received six (6) sealed bids; and WHEREAS, confirming that there were no objections made and that there were no challenges to the Public Opening process, the six (6) sealed bids were opened and read aloud; and WHEREAS, the City Clerk then prepared a Bid Tabulation form, and the Public Works Department prepared a Bid Evaluation form (including applicable taxes, labor, equipment, material, and fees); and WHEREAS, the Public Works Department also reviewed all materials and confirmed that the bidding requirements for this public work have been followed; and WHEREAS, on March 29, 2024, the City's Public Works Department Staff completed the MRSC Mandatory Bidder Responsibility Checklist; and WHEREAS, Miles Resources, LLC is found to be the lowest responsible, qualified, and responsive bidder; and Page 60 of 154 Back to Agenda 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 above for this particular contract by Resolution; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The City Council authorizes the Mayor to execute a Contract with Miles Resources, LLC for the Bethel Ave, Bethel Rd SE, Lincoln Ave SE, Mitchell Rd SE project in a form acceptable to the City Attorney in the amount of $1,089,176.20 (applicable sales tax included). 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 23rd day of April 2024. ATTEST: Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 61 of 154 CONTRACT NO. CITY OF PORT ORCHARD BETHEL AVE, BETHEL RD SE, LINCOLN AVE SE MITCHELL RD SE Public Works Project No. 2024-003 THIS CONTRACT ("Contract") is made and entered into this 23rd day of April, 2024, by and between the City of Port Orchard, a municipality incorporated and existing under the laws of the State of Washington, hereinafter called the "City," and Miles Resources, LLC, hereinafter called the "Contractor." WITNESSETH: I. General Provisions. A. Description of Work. The Contractor, in consideration of the covenants, agreements and payments to be performed and made by the City, hereby covenants and agrees to furnish all labor, tools, materials, equipment and supplies required for, and to execute, construct and finish in full compliance with the Contract Documents, Bethel Ave Bethel Rd SE. Lincoln Ave SE Mitchell Rd SE Project. The Contractor further agrees to perform all such work for the Contract Price stated in the Contractor's Bid Proposal dated March 26, 2024, attached hereto and incorporated herein by this reference as if set forth in full. Contractor further represents that the services furnished under this Agreement will be performed in accordance with and as described in the attached plans and specifications and with the Port Orchard Municipal Code, the City's Public Works Standards, which includes (but is not limited to) the 2021 edition of the WSDOT Standard Specifications for Road, Bridge, and Municipal Construction (which shall apply except where noted otherwise). All of these standards are by this reference incorporated herein and made a part hereof. Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time such services are performed. The Contract Documents include: Exhibit A -a confirmed copy of the Proposal made by the Contractor on March 26, 2024, together with the Instructions to Bidders. Exhibit B — The Project Manual for the Bethel Ave, Bethel Rd SE, Lincoln Ave SE, Mitchell Rd SE Project. Exhibit C — Retainage Options All Exhibits to this Contract are by this reference incorporated herein and made a part hereof as if set forth in full. City of Port Orchard and Miles Conslructton, LLC Bethel Ave, Bethel Rd SE, Lincoln Ave SE, Mitchell Rd SE Project. PW Project No. PW2024-003 Page 1 Page 62 of 154 Q O CO B. Time of Completion. Time is of the essence of this Contract. It is agreed that the work covered by this Contract shall start within 14 calendar days after Notice to Proceed is issued and that all construction shall be complete within 70 working days after the Notice to Proceed Date. C. Liquidated Damages. It is further agreed that the City will suffer damage and be put to additional expense in the event that the Contractor shall not have the specified portions of the work completed in all its parts in the time specified, and as it may be difficult to accurately compute the amount of such damage, the Contractor expressly covenants and agrees to pay to the City liquidated damages, the sum as calculated by the equation shown in Section 1-08.9 of the WSDOT Standard Specifications, for each and every working day said work is not complete beyond the time shown in the Proposal. II. Non -Discrimination. During the performance of this Contract, the Contractor, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to compliance with the following Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 C.F.R. Part 27; • The Age Discrimination Act of 1975, as amended, (42 U -S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC§ 471, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub- recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 City ojPort Orchard and Miles Construction, LLC Bethel Ave, Bethel RdSE, Lincoln Ave SE, Mitchell Rd SE Project PW Project No PW2024-003 Page 2 Page 63 of 154 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). Title VI of the Civil Rights Act of 1964 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 ensure that its contracts comply with these regulations. Also, in accordance with Title VI, the City is required to include the following clauses in every contract subject to Title VI and its related regulations. Therefore, during the performance of this Contract, the Contractor, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The Contractor will comply with the Acts and the regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation, Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made a part of this Contract. 2. Nondiscrimination: The Contractor, with regard to the work performed by it during this Contract, will not discriminate on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations as set forth herein, including employment practices when this Contract covers any activity, project, or program set forth in Appendix B of 49 C.F.R. part 21. City of Port Orchard and Miles Construction, LLC Bethel Ave, Bethel Rd SE. Lincoln Ave SE, Mitchell Rd SE Project PW Project No. PW2024-003 Page 3 Page 64 of 154 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the Contractor's obligations under this Contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP. 4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of the Contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the City or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the Non-discrimination provisions of this Contract, the City will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: 1. withholding payments to the Contractor under the Contract until the Contractor complies; and/or 2. cancelling, terminating, or suspending the Contract, in whole or in part. 6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the City or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. III. Public Records Act Chapter 42.56 RCW Contractor understands that her/his bid response documents, and any contract documents may be subject to release under the Public Records Act Chapter 42.56 RCW and the City may be required to disclose such documents upon a request. Contractor acknowledges that they have been advised to mark any records believed to be trade secrets or confidential in nature as "confidential." If records marked as "confidential" are found to be responsive to the request for records, the City as a courtesy to the Contractor, may elect to give notice to Contractor of the City of Port Orchard and Miles Construction, LLC Bethel Ave, Bethel Rd SE, Lincoln Ave SE, Mitchell Pd SE Project PW Projeci No PW2024 003 Page 4 Page 65 of 154 request so as to allow Contractor to seek a protective order from a Court. Contractor acknowledges and agrees that any records deemed responsive to a public records request may be released at the sole discretion of, and without notice by, the City. IV. Termination The City may terminate this contract for cause or for convenience. 1. Termination for Cause. The City may, upon 7 days written notice to Contractor and to its surety, terminate (without prejudice to any right or remedy of the City) the contract, or any part of it, for cause upon the occurrence of any one or more of the following events: Contractor fails to complete the work or any portion thereof with sufficient diligence to ensure substantial completion of the work within the contract time; Contractor is adjudged bankrupt, makes a general assignment for the benefit of its creditors, or a receiver is appointed on account of its insolvency; Contractor fails in a material way to replace or correct work not in conformance with the Contract Documents, Contractor repeatedly fails to supply skilled workers or proper materials or equipment; Contractor materially disregards or fails to comply with laws, ordinances, rules, regulations, or orders of any public authority having jurisdiction; or Contractor is otherwise in material breach of any provision of the contract. Upon termination, the City may, at its option, take possession of or use all documents, materials, equipment, tools, and construction equipment and machinery thereon owned by Contractor to maintain the orderly progress of, and to finish, the work, and finish the work by whatever other reasonable method it deems expedient. 2. Termination for Convenience. The City may, upon written notice, terminate (without prejudice to any right or remedy of the City) the contract, or any part of it, for the convenience of the City. 3. Settlement of Costs. If the City terminates for convenience, Contractor shall be entitled to make a request for an equitable adjustment for its reasonable direct costs incurred prior to the effective date of the termination, plus a reasonable allowance for overhead and profit on work performed prior to termination, plus the reasonable administrative costs of the termination, but shall not be entitled to any other costs or damages, whatsoever, provided however, the total sum payable upon termination shall not exceed the Contract Sum reduced by prior payments. V. Corporate Surety Bond With this Contract, Contractor is furnishing a Corporate Surety Bond in the amount of One Million eighty nine thousand one hundred seventy six dollars and twenty cents Dollars ($ 1,089,176.20 ) with Liberty Mutual Insurance Company as Surety, to ensure full compliance, execution and performance of this Contract by the Contractor in accordance with all its terms and provisions. City ojPort Orchard and Miles Construction, LLC Bethel Ave, Bethel Rd SE, Lincoln Ave SE, Machell Rd SE Project. PW Project No. PW2024-003 Page 5 Page 66 of 154 Q O v M W VI. Independent Contractor. The parties intend that an Independent Contractor -Employer Relationship will be created by this Agreement and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. VII. Changes. The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the person listed in the Notice provision section of this Agreement, within fourteen (14) calendar days of the date Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section IX entitled, "Claims," below. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. Vill. Claims. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first. Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. City of Port Orchard and Miles Construction, LLC Bethel Ave, Bethel Rd SE, Lincoln Ave SE, Mitchell Rd SE Project. PW Project No PW2024-003 Page 6 Page 67 of 154 At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). City of Por[ Orchard and Miles Construction, LLC Bethel Ave, Bethel Rd SE, Lincoln Ave SE, Mitchell Rd SE Project PW Project No. PW2024-003 Page 7 Page 68 of 154 IX. Limitation Of Actions. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITYTO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. X. Warranty. Upon acceptance of the contract work, Contractor must provide the City a two-year warranty bond in the amount of twenty percent (20%) of the contract price a form and amount acceptable to the City. The Contractor shall correct all defects in workmanship and materials within two (2) years from the date of the City's acceptance of the Contract work, including replacing vegetation that fails to thrive. In the event any parts are repaired or replaced, only original replacement parts shall be used —rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) additional year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. XI. Indemnification. Contractor shall defend, indemnify, and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the sole negligence of the City. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. The parties further acknowledge that they have mutually negotiated this waiver. City of Port Orchard and Miles Construction, LLC Bethel Ave, Bethel Rd SE, Lincoln Ave SE, Mitchell Rd SE Project. PW Project No. PW2024-003 Page 8 Page 69 of 154 Q O v M W THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. XII. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representative, employees or subcontractors. No Limitation. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance. Contractor 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 and shall cover liability arising from premises, operations, stop gap liability, independent contractors, products -completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 1185. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Builders Risk insurance covering interests of the City, the Contractor, Subcontractors, and Sub -subcontractors in the work. Builders Risk insurance shall be on a all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including flood and earthquake, theft, vandalism, malicious mischief, collapse, temporary buildings and debris removal. This Builders Risk insurance covering the work will have a deductible of $5,000 for each occurrence, which will be the responsibility of the Contractor. Higher deductibles for flood and earthquake perils may City of Port Orchard and Miles Constractton, LLC Bethel Ave. Bethel Rd SE, Lincoln Ave SE, Mitchell Rd SE Project. PW Project No. PW2024..003 Page 9 Page 70 of 154 Q O v M W be accepted by the City upon written request by the Contractor and written acceptance by the City. Any increased deductibles accepted by the City will remain the responsibility of the Contractor. The Builders Risk insurance shall be maintained until final acceptance of the work by the City. B. Minimum Amounts of Insurance. Contractor 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 and a $2,000,000 products - completed operations aggregate limit. 3. Builders Risk insurance shall be written in the amount of the completed value of the project with no coinsurance provisions. C. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Commercial General Liability and Builders Risk insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. D. Contractor's Insurance for Other Losses. The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor's employee -owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences. E. Waiver of Subrogation. The Contractor and the City waive all rights against each other any of their Subcontractors, Sub -subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extend covered by Builders Risk insurance or other property insurance obtained pursuant to the Insurance Requirements Section of this Contract or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise. F. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANIL City of Port Orchard and Miles Constrwtion, LLC Bethel Ave, Bethel Rd SE, Lincoln Ave SE. Mitchell Rd SE Project. PW Project No. PW2024-003 Page 10 Page 71 of 154 G. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. Before any exposure to loss may occur, the Contractor shall file with the City a copy of the Builders Risk insurance policy that includes all applicable conditions, exclusions, definitions, terms and endorsements related to this Project. H. Subcontractors. Contractor shall ensure that each subcontractor of every tier obtain at a minimum the same insurance coverage and limits as stated herein for the Contractor (with the exception of Builders Risk insurance). Upon request the City, the Contractor shall provide evidence of such insurance. XIII. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. Miscellaneous Provisions. A. Non -Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. B. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the Kitsap County Superior Court, Kitsap County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XII of this Agreement. C. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the City of Port Orchard and Miles Constriction, LLC Bethel Ave, Bethel Rd SE. Lincoln Ave SE, Mitchell Rd SE Project. PW Project No. PW2024-003 Page 11 Page 72 of 154 addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. D. Assignment. Any assignment of this Agreement by either party without the written consent of the non -assigning party shall be void. If the non -assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. E. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. F. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. G. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. H. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement.IN WITNESS WHEREOF the parties hereto have caused these presents to be duly executed. CITY OF PORT ORCHARD By: CON By: Title Robert Putaansuu, Mayor Address: 400 valley Aveneue Puyallup, WA 98732 City of Port Orchard and Miles Construction, LLC Bethel Ave, Bethel Rd SE, Lincoln Ave SE, Mitchell Rd SE Project PW Project No, PW2024-003 Page 12 Page 73 of 154 ATTEST: Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: Charlotte Archer, City Attorney NOTICES TO BE SENT TO: CONTRACTOR: CITY NAME Joseph Harrison ADDRESS400 Valley Ave NE Puyallup, WA 98732 TELEPHONE 253-383-3585 Email Joe. Harrison@milesresources.com Attn: K. Chris Hammer, PE, PMP 216 Prospect Street, Port Orchard, WA 98366 Telephone: 360 876-4991 Email: kcharnmer0portorchardwa.itov With a copy to the City Clerk at the same address City 0f Port Orchard and Miles Construction, LLC Bethel Ave, Bethel Rd SE, Lincoln Ave SE. Mitchell Rd SE Project_ PW Project No. PW2024-003 Page 13 Page 74 of 154 Q O v M W EXHIBITS 5% RETAINAGE INVESTMENT OPTION1 Contractor: Miles Resources, LLC Project Name: Bethel Ave, Bethel Rd SE, Lincoln Ave SE, Mitchell Rd SE Date: 4/5/2024 Project Number: PW2024-003 Pursuant to RCW 60.28.010, as amended, you may exercise an option as to how the 5% retainage under this contract will be invested. Please complete and sign this form indicating your preference. If you fail to do so you will miss the benefit of any interest earned. Select one of the following options: F-1 1. Savings Account: Money will be placed in an interest -bearing account. The interest will be paid to you directly, rather than kept on deposit. If this is your choice, then please complete the attached SAVINGS ACCOUNT AGREEMENT. Please state the name of your bank. Bank: 2. Escrow/Investments: The City will deliver retainage checks to a selected bank, pursuant to an escrow agreement. The bank will then invest the funds in securities or bonds selected by you, and interest will be paid to you as it accrues. If this is your choice, then please complete the attached ESCROW AGREEMENT. Preferred Bank: Securities/Bonds: ❑ 3. Guarantee Deposit: Retainage will be held by the City. No interest is payable to the Contractor. Retainage is normally released 45 days after final acceptance of the work or following receipt of Labor and Industries/Department of Revenue clearance, whichever date is the later. Retainage on landscaping work may be longer, due to its seasonal nature. However, if this project is subject to grant funding, then the retainage may also be held until such time as the Contractor meets its obligations to the City to provide required information and documentation for compliance with the grant funding requirements. State law allows for limited early release of retainage in certair V Retainage Bond Will be posted If the Contractor opts to post a retainage bond under RCW 60,28.011, such bond shall be in a form acceptable to the City, shall be with a surety with a minimum of A.M. Best financial strength rating of a minimum of A-. City of Port Orchard and Miles Construction. LLC Bethel Ave. Bethel Rd SE, Lincoln Ave SE. Mitchell Rd SE Project PW Project No PW2024-003 Page 14 Page 75 of 154 Q O v M W SAVING ACCOUNT AGREEMENT TO BANK: BANK'S ADDRESS: AGENCY: CITY OF PORT ORCHARD 216 Prospect Street Port Orchard WA 98366 CONTRACT NO: PROJECT TITLE: SAVINGS ACCOUNT NO: The estimated completion date of contract is: The undersigned, herein referred to as the CONTRACTOR, has directed the CITY OF PORT ORCHARD, Washington, hereinafter referred to as the AGENCY, to deliver to you its warrants which shall be payable to you and the CONTRACTOR jointly. Such warrants are to be held and disposed of by you in accordance with the following instructions and upon the terms and conditions hereinafter set forth. INSTRUCTIONS 1. Warrants or checks made payable to you and the CONTRACTOR jointly upon delivery to you shall be endorsed by you and forwarded for collection. The moneys will then be placed by you in an interest - bearing savings account. 2. When and as interest on the savings account accrues and is paid, you shall collect such interest and forward it to the CONTRACTOR at its address designated below unless otherwise director by the CONTRACTOR. 3. You are not authorized to deliver to the CONTRACTOR all or any part of the principal held by you pursuant to this agreement, exceat in accordance with written instruction from the AGENCY. Compliance with such instructions shall relieve you of any further liability related thereto. 4. The CONTRACTOR agrees to pay you as compensation for your services hereunder as follows: Payment of all fees shall be the sole responsibility of the CONTRACTOR and shall not be deducted from any moneys placed with you pursuant to this agreement until and unless the AGENCY directs the release to the CONTRACTOR, whereupon you shall be granted a first lien upon such moneys released and shall be entitled to reimburse yourself from such moneys for the entire amount of your fees as provided for herein above. In the event that you are made a party to any litigation with respect to the moneys held by you hereunder, or in the event that the conditions of this agreement are not promptly fulfilled, or that you are required to render any service not provided for in these instructions, or that there is any assignment of the interests of this agreement, or any modification City of Port Orchard and Miles Construction, LLC Bethel Ave, Bethel Rd SE, Lincoln Ave SE, Mitchell Rd SE Project. PW Project No. PW2024-003 Page 15 Page 76 of 154 hereof, you shall be entitled to reasonable compensation for such extraordinary services from the CONTRACTOR and reimbursement from the CONTRACTOR for all costs and expenses, including attorney fees occasioned by such default, delay, controversy or litigation. 5. This agreement shall not be binding until executed by the CONTRACTOR and the AGENCY and accepted by you. 6. This instrument contains the entire agreement between you, the CONTRACTOR and the AGENCY. You are not a party to nor bound by any instrument or agreement other than this. You shall not be required totake notice of any default orany other matter nor be bound by nor required to give notice or demand, nor required to take any action whatever except as herein expressly provided. You shall not be liable for any loss or damage not caused by your own negligence or willful misconduct. 7. The foregoing provisions shall be binding upon the assigns, successors, personal representative and heir of the Parties hereto. Contractor BY: Title: Date: Address: CITY OF PORT ORCHARD Agency BY: Date: The above savings account agreement and instruction received and accepted this ,20 Bank Name Authorized Bank Officer City oJPort Orchard and Miles Construction, LLC Bethel Ave, Bethel Rd SE, Lincoln Ave SE. Mitchell Rd SE Project. PW Project No_ PW2024-003 day of Page 77 of 154 Page 16 TO BANK: BAN KS ADDRESS: ESCROW AGREEMENT ESCROW NO.: AGENCY: CITY OF PORT ORCHARD 216 Prospect Street Port Orchard WA 98366 CONTRACT NO.: PROJECT TITLE: The estimated completion date of contract is: The undersigned, , herein referred to as the CONTRACTOR, has directed the CITY OF PORT ORCHARD, Washington, hereinafter referred to as the AGENCY, to deliver to you its warrants which shall be payable to you and the CONTRACTOR jointly. Such warrants are to be held and disposed of by you in accordance with the following instructions and upon the terms and conditions hereinafter set forth. INSTRUCTIONS 1. Warrants or checks made payable to you and the CONTRACTOR jointly upon delivery to you shall be endorsed by you and forwarded for collection. The moneys will then be used by you to purchase, as directed by the CONTRACTOR, bonds or other securities chosen by the CONTRACTOR and approved by the AGENCY. Attached is a list of such bonds, or other securities approved by the AGENCY. Other bonds or securities, except stocks may be selected by the CONTRACTOR, subject to express written approval of the AGENCY. Purchase of such bonds or other securities shall be in a form which shall allow you alone to reconvert such bonds or other securities into money if you are required to do so by the AGENCY as provided in Paragraph 4 of this Escrow Agreement. 2. When and as interest on the securities held by you pursuant to this agreement accrues and is paid, you shall collect such interest and forward it to the CONTRACTOR at its address designated below unless otherwise directed by the CONTRACTOR. 3. You are not authorized to deliver to the CONTRACTOR all or any part of the securities held by you pursuant to this agreement (or any moneys derived from the sale of such securities, City of Porl Orchard and Miles Construction, UC Bethel Ave, Bethel Rd SE Lincoln Ave SE, Mitchell Rd SE Project PW Project No PW2024-003 Page 17 Page 78 of 154 Q O v M W or the negotiation of the AGENCY'S warrants) except in accordance with written instructions from the AGENCY. Compliance with such instruction shall relieve you of any further liability related thereto. 4. In the event the AGENCY orders you to do so in writing, you shall within thirty-five (35) days of receipt of such order, reconvert into money the securities held by you pursuant to this agreement and return such money together with any other moneys held by you hereunder, to the AGENCY. S. The CONTRACTOR agrees to pay you as compensation for your services hereunder as follows: Payment of all fees shall be the sole responsibility of the CONTRACTOR and shall not be deducted from any property placed with you pursuant to this agreement until and unless the AGENCY directs the release to the CONTRACTOR of the securities and moneys held hereunder whereupon you shall be granted a first lien upon such property released and shall be entitled to reimburse yourself from such property for the entire amount of your fees as provided for herein above. In the event that are made a party to any litigation with respect to the property held by you hereunder, or in the event that the conditions of this escrow are not promptly fulfilled or that you are required to render any service not provided for in these instructions, or that there is any assignment of the interest of this escrow or any modification hereof, you shall be entitled to reasonable compensation for such extraordinary services from the CONTRACTOR and reimbursement from the CONTRACTOR for all costs and expenses, including attorney fees occasioned by such default, delay, controversy or litigation. 6. This agreement shall not be binding until executed by the CONTRACTOR and the AGENCY and accepted by you. 7. This instrument contains the entire agreement between you, the CONTRACTOR and the AGENCY with respect to this escrow and you are not a party to nor bound by any instrument or agreement other than this; you shall not be required to take notice of any default or any other matter nor be bound by nor be bound by nor required to give notice or demand, nor required to take action whatever except as herein expressly provided; you shall not be liable for any loss or damage not caused by your own negligence or willful misconduct. City of Port Orchard and Miles Construction, LLC Bethel Ave, Bethel Rd SE, Lincoln Ave SE, Mitchell Rd SE Project. PW Project No PW1014-003 Page 18 Page 79 of 154 The foregone provision shall be binding upon the assigns, successors, personal representative, and heir of the Parties hereto. CITY OF PORT ORCHARD Contractor Agency By: By: Title: Date: Date: Address: The above escrow agreement and instruction received and accepted this day of , 20 . Bank Name Authorized Bank Officer SECURITIES AUTHORIZED BY AGENCY 1. Bills, certificates, notes or bonds of the United States; 2. Other obligations of the United States or its agencies; 3. Obligation of any corporation wholly -owned by the government of the United States; 4. Indebtedness of the Federal Nation Mortgage Association; and S. Time deposits in commercial banks. City of Port Orchardand Miles Construction, LLC Bethel Ave, Bethel Rd SE, Lrncoln Ave SE, Mitchell Rd SE Project_ PW Project No. PW2024-003 Page 19 Page 80 of 154 Q O v M W PERFORMANCE AND PAYMENT BOND CITY OF PORT ORCHARD BETHEL AVE, BETHEL RD SE, LINCOLN AVE SE, MITCHELL RD SE PUBLIC WORKS PROJECT NO. PW2024-003 Bond to City of Port Orchard, Washington Bond No. 02323101.3 We, Miles Resources, LLC - , and Liberty Mutual Insurance Company (Principal) (Surety) a Massachusetts Corporation, and as a surety corporation authorized to become a surety upon Bonds of Contractors with municipal corporations in Washington State, are jointly and severally bound to the City of Port Orchard, Washington ("Owner"), in the penal sum of One Million Eighty -Nine Thousand One, Hundred Seventy -Six and 20/100THS Dollars ($ 1,089,176.20 ), the payment of which sum, on demand, we bind ourselves and our successors, heirs, administrators, executors, or personal representatives, as the case may be. This Performance Bond is provided to secure the performance of Principal in connection with a contract dated 20 , between Principal and Owner for a project entitled BMW Ave, Belhel Rd. LincolnAve SE Mitchell Rd SE ("Project") — Public Works Project No. PW2024-003 ("Contract"). The initial penal sum shall equal 100 percent of the Total Bid Price, including all applicable state sales tax, as specified in the Proposal submitted by Principal. NOW, THEREFORE, this Performance and Payment Bond shall be satisfied and released only upon the condition that Principal: Faithfully performs all provisions of the Contract and changes authorized by Owner in the manner and within the time specified as may be extended under the Contract; Pays all laborers, mechanics, subcontractors, lower tier subcontractors, material -persons, and all other persons or agents who supply labor, equipment, or materials to the Project; Pays the taxes, increases and penalties incurred on the Project under Titles 50, 51 and 82 RCW on: (A) Projects referred to in RCW 60.28.011(1)(b); and/or (B) Projects for which the bond is conditioned on the payment of such taxes, increases and penalties; and Posts a two-year warranty/maintenance bond to secure the project. Such bond shall be in the amount of twenty percent (20%) of the project costs. Provided, further that this bond shall remain in full force and effect until released in writing by the City at the request of the Surety or Principal. The surety shall indemnify, defend, and protect the Owner against any claim of direct or indirect loss resulting from the failure: City ofPort Orchard and Miles Construction. LLC Bethel Ave, Bethel Rd SE. Lincoln Ave SE, Mitchell Rd SE Project. PW Project No. PW2024-003 Page 81 of 154 Page 20 Of the Principal (or any of the employees, subcontractors, or lower tier subcontractors of the Principal) to faithfully perform the Contract, or Of the Principal (or any subcontractor or lower tier subcontractor of the Principal) to pay all laborers, mechanics, subcontractors, lower tier subcontractors, material person, or any other person who provides supplies or provisions for carrying out the work. The liability of Surety shall be limited to the penal sum of this Performance and Payment Bond. No change, extension of time, alteration, or addition to the terms of the Contract or to the Work to be performed under the Contract shall in any way affect Surety's obligation on the Performance Bond. Surety hereby waives notice of any change, extension of time, alteration, or addition to the terms of the Contract or the Work, with the exception that Surety shall be notified if the Contract time is extended by more than twenty percent (20%). If any modification or change increases the total amount to be paid under the Contract, Surety's obligation under this Performance and Payment Bond shall automatically increase in a like amount. Any such increase shall not exceed twenty-five percent (25%) of the original amount of the Performance and Payment Bond without the prior written consent of Surety. This Performance and Payment Bond shall be governed and construed by the laws of the State of Washington, and venue shall be in Kitsap County, Washington. IN WITNESS WHEREOF, the parties have executed this instrument in two (2) identical counterparts this 4th day of April , 20 24 . Miles Resources, LLC rrintea Name ana i me Liberty Mutual Insurance Company Surety �� A ' na re of Authorized Off'rcla By Jamie L. Marques Attorney in Fact (Attach Power of Attorney) Name and address of local office of Propel Insurance Agent and/or Surety Company: 1201 Pacific Ave, Suite 1000 T Tacoma, WA 98402 Surety companies executing bonds must appear on the current Authorized Insurance List in the State of Washington per Section 1-02.7 of the Standard Specifications. City of Port Orchard and Miles Construction, LLC Bethel Ave, Bethel RdSE, Lincoln Ave SE, Mitchell Rd SE Project PW Project No. PW2024-00j Page 82 of 154 Page 21 ACKNOWLEDGEMENT Corporation, R�, or Individual STATE OF WA ) �I �,�L{j J ss. COUNTY OF ) On thisLl� day of hril20_�J before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared�k. Warr1'y' �, to me known to be the (check one of the following boxes): W of the corporation, &-f( oaf M A Ii3� of t �oUII � I.. b. f� , the 0 individual, that executed the foregoing instrument to be the free and voluntary act and deed of said n corporation, C partnership, 0 individual for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. ho, %,,Ae- Print or type name NOTARY PUBLIC, in and for the State of Washington Residing at k&!4, &Al'+ My Commission expires: Notary Seal with Ink Stamp City of Port Orchard and Miles Construction, LLC Bethel Ave. Bethel Rd SE, Lincoln Ave SE, Milchell Rd SE Project. PW Project No. PW2024-003 Page 83 of 154 Page 22 i i Q O v M m SURETY ACKNOWLEDGEMENT STATE OF Washington ) j ss. COUNTY OF Pierce j On this 4th day of April , 20 24 before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Jamie L. Marques , to me known to be the Attorney -in -Fact of Liberty Mutual Insurance Company . the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY ` PUBLIC EV Notary Seal With Ink Stamp Evan William Marques Print or type name NOTARY PUBLIC, in and for the State of Washington Residing Gig Harbor, WA My Commission expires: 05/25/2025 City of Port Orchard and Miles Construction, LLC Bethel Ave, Bethel Rd SE, Lincoln Ave SE, Mitchell Rd SE Project PW Protect No. PW2024-003 Page 84 of 154 Page 23 Q This Power of Attorney limits the acts of those named herein, and they have no authority to O bind the Company except in the manner and to the extent herein stated. Y Liberty Liberty Mutual Insurance Company M Mutual. The Ohio Casualty Insurance Company Certificate No: 8207363 00 SURETY West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Oho Casualty Insurance Company 5 a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts and West American Insurance Company is a =poration duly organized under the laws of the State of Indiana {herein collectively ca led the'Companies'j pursuant to aid by authority herein set forth, does hereby name, constitute and appoint, Aliceon A. Keltner; Alyssa J. Lopez; Amber Lynn Rcese, Amelia G. Burrill; Annelies M. Richie, Brandon K. Bush, Brent E. Heilesen; Carlex Espiritu; Christopher Kinyon, C}nthia L Jay; Dana Marie Brinklep; Diane M. Harding, Donald Shanklin, Jr; !-ric A Zimmerman: Erica E Moslev� Holli Albers; Jacob T. Haddock; James B. Binder; Jamie L. Marques, Julie R. Truitt; Justin Dean Price; Kart Michelle Motie Katharine J. Snider, Lindsey Elaine Mansfield, Misti M. Webb; Sara So!Dhie Sellin: Tamara A. Rineeisen all of me City Df Tacoma state of WA each individualty if there be more than one named, its true and lawful attomey-in-fact to make, execute seal, acknowledge and deliver, forand on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attomey has been subscribed by an authorized officer or otfi.ial of the Companies and the corporate seals of the Companies have been affixed thereto this 17th day of February , 2022 . Liberty Mutual Insurance Company hNsu �.0 IHNsu,� The Ohio Casualty Insurance Company 40, O%P JP� +�O1�r�y Si °OAPO4 fie, West American Insurance Company .2 1912 0 0 1919 1991 0 /J Yde4CHUa a SCi HAtaya'� D� Ys �Moiwttr' daAq ��7 By: n7�irl AA r:�rn� a.eeiefanl Cnrrolnry State of PENNSYLVANIA County of MONTGOMERY ss := I On this 17th day of Feb , 2022 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual } Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the _ I therein contained by signing on behalf of the corporations by himself as a duly authorized officer. c •N o do Cn N t0 � C •: 0,5 IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written yp PAST V,O14 �( ComnortmIIh oI Pewdylmia - Notary seal �W �°� Yes !� Teresa Pastetla. Notary Public OF MonVornery County My commmsion expires March 20. 2D25 By: �YG Commission number 1126044 LV4 Member r. Pems"MI AsNMbon or NoWM Ry This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV —OFFICERS: Sect on 12. Power of Attorney. Any officer or other official of the Ccrporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shalt appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and a I undertakings, bonds, recognizances and other surety Dbfgations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE All — Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe. shall appoint such aftomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, reeognizances and other surety obligations. Such aftomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as 9 signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting purse ant to the Bylaws of the Company. authorizes David M. Carey, Assistant Secretary to appoint such aftomeys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds: recWnizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Urectors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company. wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. Renee C. Llewellyn, the undersigned, Assislant Secretary, The Ohio Casualty Ihsuranes Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing'i3 a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the smis ci said Companies this 4th day of April 2024, `tN8pq SSe INS& hNSU ,�Jpv°avor�l�Y� yJ �wor�r L� oft Cut 1912 0 0 4 1919 u 1991 c - g Y Y® �� ' y By. d1 e�cHuaD G� "ps�`� J mod,"°iA"� aD Renee C. Llewellyn, Assistant Secretary "— &/7 >, tit • Page f*1 LMS-12873 LMIC OCIC WAIC Multi Co 02f21 O a N o0 cV M 00 Q coo a11 CITY OF PORT ORCHARD MAINTENANCE/WARRANTY BOND NOTE: This form must be completed at Contract Completion. Before the Performance Bond or the retainage can be released, the City must receive the two year Maintenance /Warranty Bond Project #: PW2024-003 Surety Bond M. Date Posted: Expiration Date: RE: Project Name: Bethel Ave, Bethel Rd SE, Lincoln Ave SE, Mitchell Rd SE Owner/Developer/Contractor: Project Address: KNOW ALL PERSONS BY THESE PRESENTS: That we, (hereinafter called the "Principal"), and , a corporation organized under the laws of the State of , and authorized to transact surety business in the State of Washington (hereinafter called the "Surety"), are held and firmly bound unto the City of Port Orchard, Washington, in the sum of dollars ($ ) 20% of the total contract amount, lawful money of the United States of America, for the payment of which sum we and each of us bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. THE CONDITIONS of the above obligation are such that: WHEREAS, the above named Principal has constructed and installed certain improvements on public property in connection with a project as described above within the City of Port Orchard; and WHEREAS, the Principal is required to post a bond for the twenty-four (24) months following written and final acceptance of the project in order to provide security for the obligation of the Principal to repair and/or replace said improvements against defects in workmanship, materials or installation during the twenty-four (24) months after written and final approval/acceptance of the same by the City; NOW, THEREFORE, this Maintenance Bond has been secured and is hereby submitted to the City. It is understood and agreed that this obligation shall continue in effect until released in writing by the City, but only after the Principal has performed and satisfied the following conditions: A. The work or improvements installed by the Principal and subject to the terms and conditions of this Bond are as follows: (insert complete description of work here) B. The Principal and Surety agree that the work and improvements installed in the above - referenced project shall remain free from defects in material, workmanship and installation (or, City of Port Orchard and Miles Construction, LLC Bethel Ave, Bethel Rd SE, Lincoln Ave SE, Mitchell Rd SE Project PW Project No, PW2024-003 Page 24 Page 86 of 154 Q O m in the case of landscaping, shall survive,) for a period of twenty-four (24) months after written and final acceptance of the same and approval by the City. Maintenance is defined as acts carried out to prevent a decline, lapse or cessation of the state of the project or improvements as accepted by the City during the twenty-four (24) month period after final and written acceptance, and includes, but is not limited to, repair or replacement of defective workmanship, materials or installations. C. The Principal shall, at its sole cost and expense, carefully replace and/or repair any damage or defects in workmanship, materials or installation to the City -owned real property on which improvements have been installed and leave the same in as good condition or better as it was before commencement of the work. D. The Principal and the Surety agree that in the event any of the improvements or restoration work installed or completed by the Principal as described herein, fail to remain free from defects in materials, workmanship or installation (or in the case of landscaping, fail to survive), for a period of twenty-four (24) months from the date of approval/acceptance of the work by the City, the Principal shall repair and/replace the same within ten (10) days of demand by the City, and if the Principal should fail to do so, then the Surety shall: 1. Within twenty (20) days of demand of the City, make written commitment to the City that it will either: a). remedy the default itself with reasonable diligence pursuant to a time schedule acceptable to the City; or b). tender to the City within an additional ten (10) days the amount necessary, as determined by the City, for the City to remedy the default, up to the total bond amount. Upon completion of the Surety's duties under either of the options above, the Surety shall then have fulfilled its obligations under this bond. If the Surety elects to fulfill its obligation pursuant to the requirements of subsection 1)(1)(b), the City shall notify the Surety of the actual cost of the remedy, upon completion of the remedy. The City shall return, without interest, any overpayment made by the Surety, and the Surety shall pay to the City any actual costs which exceeded the City estimate, limited to the bond amount. 2. In the event the Principal fails to make repairs or provide maintenance within the time period requested by the City, then the City, its employees and agents shall have the right at the City's sole election to enter onto said property described above for the purpose of repairing or maintaining the improvements. This provision shall not be construed as creating an obligation on the part of the City or its representatives to repair or maintain such improvements. E. Corrections. Any corrections required by the City shall be commenced within ten (10) days of notification by the City and completed within thirty (30) days of the date of notification. If the work is not performed in a timely manner, the City shall have the right, without recourse to legal action, to take such action under this bond as described in Section D above. City of Port Orchard and Miles Construction, LLC Bethel Ave, Bethel Pd SE, Lincoln Ave SE, Mitchell Rd SE Project PW Project No PW2024-003 Page 25 Page 87 of 154 F. Extensions and Changes. No change, extension of time, alteration or addition to the work to be performed by the Principal shall affect the obligation of the Principal or Surety on this bond, unless the City specifically agrees, in writing, to such alteration, addition, extension or change. The Surety waives notice of any such change, extension, alteration or addition thereunder. G. Enforcement. It is specifically agreed by and between the parties that in the event any legal action must be taken to enforce the provisions of this bond or to collect said bond, the prevailing party shall be entitled to collect its costs and reasonable attorney fees as a part of the reasonable costs of securing the obligation hereunder. In the event of settlement or resolution of these issues prior to the filing of any suit, the actual costs incurred by the City, including reasonable attorney fees, shall be considered a part of the obligation hereunder secured. Said costs and reasonable legal fees shall be recoverable by the prevailing party, not only from the proceeds of this bond, but also over and above said bond as a part of any recovery (including recovery on the bond) in any judicial proceeding. The Surety hereby agrees that this bond shall be governed by the laws of the State of Washington. Venue of any litigation arising out of this bond shall be in Kitsap County Superior Court. H. Bond Expiration. This bond shall remain in full force and effect until the obligations secured hereby have been fully performed and until released in writing by the City at the request of the Surety or Principal. DATED this day of . 20—. SURETY COMPANY (Signature must be notarized) By: Its: Business Name: Business Address: City/State/Zip Code: Telephone Number: DEVELOPER/OWNER (Signature must be notarized) By: Its: Business Name: Business Address: City/State/Zip Code: Telephone Number: CHECK FOR ATTACHED NOTARY SIGNATURE Developer/Owner (Form P-1) Surety Company (Form P-2) City of Port Orchard and Miles Construction, LLC Bethel Ave, Bethel Rd SE, Lincoln Ave SE, Mitchell Rd SE Project PW Project No PW2024-003 Page 26 Page 88 of 154 FORM P-1 / NOTARY BLOCK (Developer/Owner) STATE OF WASHINGTON ) ) ss. COUNTY OF I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged as the of that they signed this instrument, on oath stated that they are authorized to execute the instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument. Dated: (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: City of Port Orchard and Miles Construction, LLC Bethel Ave, Bethel Rd SE, Lincoln Ave SE, Mitchell Rd SE Project. PW Project No. PW2024-003 Page 27 Page 89 of 154 FORM P-2/NOTARY BLOCK (Surety Company) STATE OF WASHINGTON ] ) ss. COUNTY OF } I certify that I know or have satisfactory evidence that person who appeared before me, and said person acknowledged as the of is the that they signed this instrument, on oath stated that they are authorized to execute the instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument. Dated: (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: City of Port Orchard and Miles Construction, LLC Bethel Ave, Bethel Rd SE, Lincoln Ave SE, Mitchell Rd SE Project. PW Pmject No. PW2024-003 Page 28 Page 90 of 154 Q O Exhibit A M W PROPOSAL CITY OF PORT ORCHARD Bethel Ave, Bethel Rd SE, Lincoln Ave SE, Mitchell Rd SE PUBLIC WORKS CONTRACT NO. PW2024-003 To; Mayor and City Council City of Port Orchard, Washington Contractor: Miles Resources, LLC State license No.: MILESRL897RK Date: 03/26/2024 Month/Day/Year Bidder's Declaration and Understanding The Bidder declares that s/he has carefully examined the Contract Documents for the construction of the project, that s/he has personally inspected the site, that s/he has satisfied her/himself as to the quantities Involved, including materials and equipment, and conditions of work involved, including the fact that the description of the quantities of work and materials, as included herein, is brief and is intended only to indicate the general nature of the work and to identify the said quantities with the detailed requirements of the Contract Documents, and that this Proposal is made according the provisions and under the terms of the Contract Documents, which Documents are hereby made a part of this Proposal. The Bidder further declares that s/he has exercised her/his own judgment regarding the interpretation, of subsurface information and has utilized all data, which s/he believes pertinent from City and other sources and has made such independent investigations as the Bidder deems necessary in arriving at her/his conclusions. Bidder understands that any bid response documents may be subject to release under the Public Records Act Chapter 4256 RCW and the City may be required to disclose bid responses upon a request. Bidder acknowledges that s/he has been advised to mark any records believed to be trade secrets or confidential in nature as "confidential." If records marked as "confidential" are found to be responsive to the request for records, the City as a courtesy to the Bidder may elect to give notice to Bidder of the request so as to allow Bidder to seek a protective order from a Court. Bidder acknowledges and agrees that any records deemed responsive to a public records request may be released at the sole discretion of, and without notice by, the City. Contract Execution The Bidder agrees that if this Proposal is accepted, s/he will, within fourteen (14) calendar days after Notice of Award, complete and sign the Contract in the form annexed hereto, and will at that time deliver to the City executed copies of the Performance Bond, Labor and Material Payment bond, the Certificate of Insurance, and other documentation required by the Contract Documents, and will, to the extent of her/his Proposal, furnish all machinery, tools, apparatus and other means of construction and do the work and furnish all the materials or services necessary to complete all work as specified or indicated in the Contract Documents. L HRS1ON 2r?1 r24 ?-it)- ofPorlOrchard Relhel Ave. Belhel Rd SF, bncolnAVe SE, Mitchel! Rd Sr-.' Projeco H PW 20Z4-003 Page-18 Provided to Builders Exchange of MIA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal Page 91 of 154 Q O Exhibit A M W Start of Construction and Contract Completion The Bidder further agrees that within 14 calendar days of CONTRACT START DATE, s/he will meet with engineering personnel and begin work no later than May Sth. 2024 and complete the construction within 70, working days of START DATE. Lump Sum and Unit Price Work The Bidder further proposes to accept as full payment for the work proposed herein the amounts computed underthe provisions of the Contract Documents and based on lump sum and unit price amounts, it being expressly understood that the unit prices are independent of the exact quantities involved. The Bidder agrees that the lump sum prices and the unit prices represent a true measure of the labor, services, and materials required to perform the work, including all allowances for overhead and profit for each type and unit of work called for in these Contract Documents. If any material, item, or service required by the Contract Documents has not been mentioned specifically, the same shall be furnished and placed with the understanding that the full cost to the City has been merged with prices named in the proposal. t k WON 21.21124 01), ojPor! Oirhani Bethel Ave, Bethel Rd SE. Linea In Ave SE, Mitchell Rd SE project 8 PW 2024-003 1'age-19 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal Page 92 of 154 Q O Exhibit A M W SCHEDULE OF CONTRACT PRICES BETHEL AVE, BETHEL RD SE, LINCOLN AVE SE, MITCHELL RD SE PROJECT NO. PW2024-003 NOTE: Unit prices for all items and the total amount bid must be shown. The Project must be bid in its entirety, Including all bid items as specifically listed in the Proposal, in order to be considered a responsive bid. Where a conflict occurs between the unit price and the total amounton any items, the Total Amount in Words shall prevail. The Contracting Agency reserves the right to award all work bid according to the lowest qualified responsive bid tendered, available funds, and as it best serves the interest of the Contracting Agency. All work awarded will be made to the same Contractor/bidder. Item Estimated SP / STD Description of Item / Total Unit Price Total Amount No. Quantity Amount In Words Base Bid lA 1 EST 1-04 Minor Change EST $ $ 10,000.00 10,000.00 $ Ten Thousand Dollars (Total Amount in Words) 2A 1 LS SP 1.05 Roadway Surveying LS $ $ 17,696.00 17,696.00 $ Seventeen Thousand Six Hundred Ninety Six Dollars (Total Amount In Words) 3A 1 LS SP 1-05 Record Drawings LS $ $ (Min. Bid $2,000) 2,000.00 2,000.00 $ Two Thousand Dollars (Total Amount in Words) 4A 1 LS STD Mobilization LS $ $ p`�QQQ $ (Total Amount in Words) 5A 1 LS SP 1-10 Project Temporary Traffic LS $ $ Control 410, 0� 41,000.00 $ Forty One Thousand Dollars (Total Amount in Words) 6A 180 LF SP 2-02 Removing Cement Conc. Curb LF $ $ 9.75 1,755.00 $ One Thousand Seven Hundred Fifty Five Dollars (Total Amount in Words) 1IEV51ON2121124 CIO' of Port Omhard Bethel Ave. Bethel Rd SF- Lincoln Ave SE. Mitchell Rd SE Page-30 Project H PW 2024-003 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always verify seal Page 93 of 154 s� Q O Exhibit A M M item Estimated SP / STD Description of Item / Total Unit Price Total Amount No. Quantity Amount in Words 7A 65 SY SP 2-02 Removing Cement Conc. SY $ $ Sidewalk 143.90 9,353.50 $ Nine Thousand Three Hundred Fifty Three Dollars and Fifty Cents (Total Amount in Words) 8A 1,130 CY STD Roadway Excavation Cy $ $ 77.05 87,066.50 $ Eighty Seven Thousand Sixty Six Dollars and Fifty Cents (Total Amount in Words)_ 9A 120 TN STD Gravel Borrow Incl. Haul TN $ $ 76.85 9,222.00 $ Nine Thousand Two Hundred Twenty Two Dollars (Total Amount in Words) l0A 45 TN STD Crushed Surfacing Top Course TN $ $ 150.35 6,765.75 Six Thousand Seven Hundred Sixty Five Dollars and Seventy Five Cent (Total Amount in Words) 11A 1,340 TN STD Crushed Surfacing Base TN $ ,,ij $ Course 5b+5 _"46-- 48,441,00 $ Forty Eight Thousand Four Hundred Forty One Dollars (Total Amount in Words) 12A 285 SY SP 5-04 Planing Bituminous Pavement SY $ $ 38.35 10,929.75 $ Ten Thousand Nine Hundred Twenty Nine Dollars and Seventy Five (Total Amount In Words) Cents 13A 24 TN SP 5-04 Commercial HMA TN $ $ 288.50 6,924.00 $ Six Thousand Nine Hundred Twenty Four Dollars (Total Amount in Words) 14A 680 TN SP 5-04 HMA CL 1/21n. PG 581-1-22 TN $ $ 127.60 86,768.00 $ Eighty Six Thousand Seven Hundred Sixty Eight Dollars (Total Amount in Words) 15A 695 SY SP 5-04 Temporary Pavement SY $ $ 9.35 6,498.25 $ Six Thousand Four Hundred Ninety Eight Dollars and Twenty Five (Total Amount in Words) Cents f fIiSION 212112)4 Cis), of Port Onhanl Bethel rive, Bethel Rd SE, Lincoln Ave SE, Aditchell Rd SE I'age-31 Project # PR' 2024-003 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal Page 94 of 154 Q O Exhibit A M m Item Estimated SP / STD Description of Item / Total Unit Price Total Amount No. Quantity Amount in Words 16A 220 SY SP 5-05 Textured & Pigmented SY $ $ CementConc. Pavement j(y ok ! `, �� j --hm "t . nA It I Ai- �wnA` �i (Total Amount in Words) 17A 375 SF SP 6-20 Modular Block Wall SF $ $ $ 'tr vt6oL," v�tv+ llccvEcL+G� (Total Amount in Words) 18A 695 LF STD Solid Wall PVC Storm Sewer LF $ $ Pipe 12 IN. Diam 90.90 63,176.50 Sip Three Thousand One Hundred Seventy Five Dollars and Fifty Cents (Tots,'Amount in Words) 19A 2 EA SP 7-05 Adjust Storm Sewer Catch EA $ $ Basin 1,250.00 2,500.00 $ Two Thousand Five Hundred Dollars (Total Amount In Words) 20A 1 £A SP 7-05 Connection to Existing Storm EA $ $ Sewer Structure 2,615.00 2,615.00 $ Two Thousand Six Hundred Fifteen Dollars (Total Amount in Words) 21A 2 EA SP 7-05 Connection to Existing Storm EA S $ Sewer Pipe 1,433.00 2,866.00 $ Two Thousand Eight Hundred Sixty Six Dollars (Total Amount in Words) 22A 10 EA STD Catch Basin Type 1 EA $2,328.00 $ 23,280.00 $ Twenty Three Thousand Two Hundred Eighty Dollars (Total Amount in Words) 23A 5 EA STD Catch Basin Type 2 48 In. EA $ $ Diam. 5,430,00 27,150.00 $ Twenty Seven Thousand One Hundred Fifty Dollars (Total Amount in Words) 24A 3 EA STD Catch Basin Type 2 54 In. EA $ $ Diam. 7,705.00 23,115.00 $ Twen Three Thousand One Hundred Fifteen Dollars (Total Amount In Words) 2SA 1 EA STD Catch Basin Type 2 54 In. EA $ $ Diam. With Flow Restrictor 11,175.00 11,175.00 $ Eleven Thousand One Hundred Seventy Five Dollars (Total Amount in Words) f ERSION 2/21P24 00, of Por[ Orrhacet Bethel Ave, Belhel Rd SE, Lincoln Ave SE, Xhtchell Rd SE t'age Project H PW 2024-003 Provided to Builders 6xehange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal Page 95 of 154 Q O Exhibit A M m Item Estimated SP / STD Description of Item / Total Unit Price Total Amount No. Quantity Amount in Words 26A 1 EA STD Catch Basin Type 2 60 in. EA $ $ Diam. 7,870.00 7,870.00 $ Seven Thousand Eight Hundred Seventy Dollars (Total Amount in Words) 27A 775 CY STD Structure Excavation Class B CY $ $ Incl. Haul 22.25 17,243.75 $ Seventeen Thousand Two Hundred Forty Three Dollars and Seventy (Total Amount in Words) Five eents 28A 2,810 SF STD Shoring or Extra Excavation SF $ $ Class B .60 1,686.00 $ One Thousand Six Hundred Eighty Six Dollars (Total Amount in Words) 29A 160 CY STD Gravel Backfill for Pipe Zone CY $ $ Bedding 55.00 8,800.00 $ Eight Thousand Eight Hundred Dollars {Total Amount in Words) 30A 190 CY STD Bank stun for Trench Backfill CY $ $ 56.00 10,450.00 $ Ten Thousand Four Hundred Fifty Dollars (Total Amount In Words) 31A 3 EA SP 7-12 Adjust Valve Box for Water EA $ $ Main Valves 1,123.00 3,369.00 $ Three Thousand Three Hundred Sixty Nine Dollars (Total Amount in Words) 32A 2 EA SP 7-17 Adjust Sanitary Sewer EA $1,527.00 $ 3.054.00 Manhole Covers $ Three Thousand Fifty Four Dollars (Total Amount in Words) 33A 1 EA SP 7-20 Biopod Underground 6'x8' EA $ $ 51,930.00 51,930.00 $ Fifty One Thousand Nine Hundred Thirty Dollars (Total Amount in Words) 34A 165 LF SP 7-21 Solid Wall 36 in. Diam CMP LF $ $ Detention Pipe 225.00 37,125.00 $ Thirty Seven Thousand One Hundred Twenty Five Dollars (Total Amount in Words) VERSloly 221 f24 00- of Pos f omhaed Bethel Ave, Bethel Rd SE. Lincoln Ave SE. Milchell RdSE Page-.3 Project N PIV 2024-003 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal Page 96 of 154 Q O Exhibit A I M m item Estimated SP / STD Description of Item / Total Unit Price Total Amount No. Quantity Amount In Words 35A 1 LS STD ESC Lead LS $ $ 614.00 614.00 $ Six Hundred Fourteen Dollars (Total Amount in Words) 36A 19 EA STD Inlet Protection EA $ $ 108,65 2,064.35 $ Two Thousand Sixty Four Dollars and Thirty Five Cents (Total Amount in Words) 37A 3 EA STD Erosion Control for Culvert EA $2,205.00 $ 6,615.00 Ends $ Six Thousand Six Hundred Fifteen Dollars (Total Amount in Words) 38A 1 LS STD Erosion and Water Pollution LS $ $ Prevention 2,240.00 2,240.00 $ Two Thousand Two Hundred Forty Dollars (Total Amount in Words) 39A 1,405 LF STD High Visibility Silt Fence LF $ $ 6.25 8,781.25 Tt Thousand Seven Hundred Eight One Dollars and Twenty Five cent (Total Amount in Words) 40A 1 LS STD Roadside Restoration LS $12,880.00 $ 12,880.00 $ Twelve Thousand Eight Hundred Eighty Dollars (Total Amount In Words) 41A 970 LF STD Cement Conc. Curb & Gutter LF $ $ Type A 54rQR �, (`j, ()a S �'► i ' mot. A. �t.� t�t�. +rYi n (Total Amount i Words) 42A 140 LF STD Roundabout Truck Apron LF $ $ Cement Conc. Curb & Gutter_ a4514-Gars.-td 1 s�, r (Tota mount In Words) 43A 450 LF STD Roundabout Cement Conc. LF $ $ Curb & Gutter H iW $ I%,, de (Total Amount in Words) 44A 3 EA STD Roundabout Splitter Island EA $ $ Nosing Curb A A (Total Amount in Words) f'FRSION 2121124 06, of Foci 01iharrl Bethel Ave, Bethel Rd SE, Lincoln: I ve SE. MucheR Rd SE Page-2d lam �s Prrject P PW 2024-003 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal Page 97 of 154 Q O Exhibit A M m Item Estimated SP / STD Description of Item / Total Unit Price Total Amount No. Quantity Amount in Words 45A 135 LF STD Roundabout Central Island LF $ $ Cement Conc. Curb & Gutter C7) q (Total Amount in Words) 46A 40 SY SP 8-06 Cement Conc. Residential SY $ $ Driveway Entrance 3- , D� •'q qu a; $ wwv L (Total Amount in Words) 47A 70 SY SP 8-14 Cement Conc. Sidewalk SY $ $ 31 5- $Saw,-+( " (Total Amount in Words) 48A 70 SY SP 8-14 Cement Conc. Sidewalk with SY $ S Thickened Slab Edge lvt�U $ 1J[[2� ' (Total Amount in Words) 49A 2 EA SP 8-14 Cement Conc. Curb Ramp EA $ $ Type Parallel A 4 41 $ -A Vet c tJ i brwv► !.i L! (Total Amount in Words) 50A 4 EA SP 8-14 Cement Conc. Curb Ramp EA $ $ Type Parallel A with Thickened Slab Edge �00 •OV Z 1 i00 ,W $ A. L u.r' (Total Amount In Words) 51A 30 TN STD Quarry Spall TN $ $ 52.00 1,560.00 $ One Thousand Five Hundred Sixty Dollars (Total Amount in Words) 52A 1 LS SP 8-20 Luminaire Pole Foundation LS $ $ 7 $4n (Total Amount in Words) 53A 1 LS SP 8-20 Luminaire Conduit System LS $ $ (Total Amount in Words) ITYSION 201124 Cfn- of Porf Omhatd Bethel Ave, Bethel RdSE. Lincoln Ave SE, Milchell Rd SE Page s Pi-oject h PIV 2024-003 I.. Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal Page 98 of 154 Q O Exhibit A to m Item Estimated SP / STD Description of Item / Total unit Price Total Amount No. Quantity Amount in Words 54A 1 LS SP 8-21 Permanent Signing LS $ $ 21,280.00 21,280.00 $ Twenty One Thousand Two Hundred Eighty Dollars (Total Amount in Words) 55A 1,420 LF STD Plastic Line LF $ $ 3.08 4,373.60 $ Four Thousand Three Hundred Seventy Three Dollars and Sixty Cent (Total Amount in Words) 56A 220 LF STD Plastic Wide Lane Line LF $ $ 6.16 1,355.20 $One Thousand Three Hundred Fifty Five Dollars and Twenty Cents (Total Amount in Words) 57A 240 SF STD Plastic Crosswalk Line 5F $ $ 8.12 1,948.80 $ One Thousand Nine Hundred Foqy Eight Dollars and Ei h Cents (Total Amount In Words) SBA 4 EA STD Type 3SL (Left) Traffic Arrow EA $ $ 688.00 2,352.00 $ Two Thousand Three Hundred Fifty Two Dollars (Total Amount in Words) 59A 800 LF STD Temporary Pavement LF $ $ Marking - Long Duration 1.12 896.00 $ Eight Hundred Ninety Six Dollars (Total Amount in Words) 60A 125 LF SP 8-33 Pedestrian Handrail LF $ $ $ A- Awry c%O h (Total Amount in Words) Total Base Bid Schedule A: SALES TAX Mgt A In accordance with Section 1-07.2(1) State Sales Tax (DOR rule 171): Work performed on City, County, or Federally -owned land, the Contractor shall include applicable Washington State retail sales taxes in the various unit bid prices or other amounts. These retail sales taxes shall include those the Contractor pays on purchases of materials, equipment, and supplies used or consumed in doing the work. I ERSION 2/2t/24 City ojP011 Orrhatd Bethel Ave, Bethel Rd SE, Lincoln Ave SE, khtchell Rd SE Page-26 Project 0 PW 2024-003 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal Page 99 of 154 Q O Exhibit A A' M W The undersigned Bidder hereby agrees to start construction on this project, if awarded, no later than fourteen (14) calendar days after Notice to Proceed and to complete the project within the time stipulated in the Contract. By signing below, Bidder acknowledges receipt of the following Addenda to the Bid Documents: CITY OF PORT ORCHARD BETHEL AVE, BETHEL RD SE, LINCOLN AVE SE, MITCHELL RD SE PUBLIC WORKS PROJECT NO. PW2024-003 1 3/19/2024 Addendum No. Date of Receipt Addendum No. Date of Receipt Addendum No. Date of Receipt Addendum No. Date of Receipt NOTE: Failure to acknowledge receipt of Addenda may be considered as an irregularity in the Bid Proposal and Owner reserves the right to determine whether the bid will be disqualified. By signing below, Bidder certifies that s/he has reviewed the insurance provisions of the Bid Documents and will provide the required coverage. The undersigned Bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date forthis Project, the Bidder is not a "willful" violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. OFFICIAL AUTHORIZED TO SIGN FOR BIDDER: "I certify (or declare) under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct." Signature: Date: 3/26/2024 id Title: Print azison, Location or Place Executed (City, State): J eph Ha General Manager Puyallup, WA Business Address: Business Telephone: 400 Valley Ave N E Puyallup, WA 98372 253-383-3585 NOTES: If the Bidder is a co -partnership, give firm name under which business is transacted; proposal must be executed by a partner. If the Bidder is a corporation, proposal must be executed in the corporate name by the president or vice-president (or any other corporate officer accompanied by evidence of authority to sign). VERSION 2121124 CiN "f Pori Oyvhaid Bethel five. Bethel Rd SE. Lincoln Ave SE, k itchell Rd SE Project h PW 2024-003 Page-27 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal Page 100 of 154 Q O Exhibit A A, M m STATE OF WA j )ss. COUNTY OF Pierce I certify that I know or have satisfactory evidence that Joseph Harrison signed this proposal, on oath stated that they are authorized to execute the proposal and acknowledged it as the General Manager (title) of Miles Resource_s,_LLC (name of party on behalf of whom proposal was executed) and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in this proposal. Dated this 26th day of March , Z0 24 , ary Public �`V+?P '� •.� Anna Lear 00, *p.4 PV •� MRS14N 11211?9 00j of Pw! orchard Bethel Ave. Bethel Rd SE. Lincoln Ave SE, Mitchell Rd SE Pagr-28 Printed Name My Commission Expires: 6/12/2024 Project h PW 2024-003 Provided to Builders Exchange of WA, Inc. For usage conditions Agreement see www.bxwa.com - Always Verify Scal Page 101 of 154 Back to Agenda City of Port Orchard OW216 Prospect Street Port Or1 (36 , 87 -4407 ORCHARD. cityhall ar portorchardwa.gov � (360) 876-4407 www. ortorchardwa. ov- 77�� Agenda Staff Report Agenda Item No.: Business Item 7C Meeting Date: April 23, 2024 Subject: Approval of Change Order No. 1 to Prepared By: Denis Ryan Contract No. 063-23 with JMG Public Works Director Constructors, Inc. for the McCormick Woods -Well 11 Site Improvements Summary: The McCormick Woods -Well No. 11 Site Improvement Project (the "Project") was identified as a priority task for the City of Port Orchard's Public Works Department. This Project includes an overall upgrade to the system, including but not limited to the installation of a 1,250-gpm submersible pump, and the installation of a 1,250-gpm booster pumping system. The Project will be multi -phased due to its size. On April 26, 2022, the Port Orchard City Council adopted Ordinance No. 012-22, approving a contract (C058-22) and accepting a Drinking Water State Revolving Fund (DWSRF) Construction Loan managed by the DOH, in the amount $8,080,000 (Loan Fee included), for the Project. On May 23, 2023, following a procurement process consistent with state law and the City's Procurement Policies adopted by Resolution 073-23, as amended, the City executed Contract No. 063- 23 with JMG Constructors, Inc. for the Project. During construction it was determined that the addition of insulation to the exterior walls was a required component inherent to the functionality of the existing scope of work. Change Order No. 1 is necessary to address a correction to the original design and specifications, adding R-9.5 value insulation for the conditioned spaces as required by the Energy Code. Staff have confirmed these changes are reasonable and necessary for the project, and consistent with the initial scope of the bid Project. These changes to the contract reflect an increased cost of $113,186.71, for a new contract total of $6,109,719.17 (applicable tax included). Recommendation: Staff recommends that the City Council authorize the Mayor to execute Change Order No. 1 to Contract No. 063-23 with JMG Constructors, Inc. for the McCormick Woods -Well 11 Site Improvement Project in the amount of $113,186.71, for a new contract total of $6,109,719.17 (applicable tax included). Relationship to Comprehensive Plan: Chapter 7 - Utilities Motion for consideration: I move to authorize the Mayor to execute Change Order No. 1 to Contract No. 063-23 with JMG Constructors, Inc. for the McCormick Woods -Well 11 Site Improvement Project in the amount of $113,186.71 (applicable tax included). Page 102 of 154 Back to Agenda Staff Report 7C Page 2 of 2 Fiscal Impact: There is funding available in the 2023-2024 Budget (GL 413.05.594.34.60) Alternatives: Do not approve and provide further guidance. Attachments: Change Order No. 1 Courtesy Copy of C063-23 Page 103 of 154 Back to Agenda CITY OF PORT ORCHARD Authorization for Change Order No. 1 Date: 4/2/2024 Contractor: JMG Constructors, LLC Project: Well 11 Site Improvement Proj. PO Box 241 Contract / Job # C063-23 Keyport, WA 98345 THIS CHANGE ORDER AUTHORIZES (add description). Additional Work/Construction Change Directives: Energy code requires the building have a R-9.5 value insulation for the conditioned spaces. The original design and specifications did not call for the exterior walls to be insulated. The following COP describes the work to be completed. COP 004A - R-9.6/1.5" foil faced poly rigid board installed at the interior of the CMU exterior walls, Taped Joints, Installed between furring strips at 16" OC. Fibercorr material, Wall panel installation, Trim installation, Painting Credit, Installation equipment. Change Order #1 Totals- $113,186.71 w/ tax. See COP 004A for breakdown. Amount Sales Tax Total Date Appvd by Original Contract $5,486,306.00 $510,226.46 $5,996,532.46 13-Jun-22 council Change Order 1 $103,556.00 $9,630.71 $113,186.71 23-Apr-24 Council Total Contract $5,589,862.00 $519,857.17 $6,109,719.17 have reviewed the Change Order information above and certify that to the best of my knowledge descriptions and costs are true and accurate. Contractor pproval Signature Ann Granlee - G.M. 04/02/2024 Printed Name & Title Public Works Director Denis Ryan Printed Name Change Orders that do not exceed 10%, with a maximum of $50,000, of either legally authorized budget limit or contract Approved: amount established by City Council can be approved by the Public Works Director. Change Orders that do not exceed 10%, with a maximum of Attest: $100,000, of either legally authorized budget limit or contract amount established by City Council are to be approved by the Mayor. Change Orders over $100,000 or exceed a total of 10% require Council Action. Mayor City Clerk Council Approval Date Page 104 of 154 rt O �D 7 CL JMG Constructors LLC COP 004A - Interior Wall Finishes Fibercore Iv 03/18/24 Bid Totals Project No.: McCormick Woods Well #11 Contract No.: 063-23 Owner: City of Port Orchard COP 004 A Interior Wall Finishes Fibercore 03/18/24 Item Description Quantity Unit ITEM COST I Unit I Total 1 Fibercore Materials 1 LS 25,230.00 25,230.00 2 Wall Panel Installation 4960 SF 3.42 16,963.20 3 Trim Installation 2710 LF 3.45 9,349.50 4 Insulation Z Furring 16" O.C. 1 LS 38,801.00 38,801.00 5 Painting Credit 1 LS (8,001.94) (8,001.94) 6 Lift Rental 1 MTH 1,700.00 1,700.00 ITEM AHHHHHHHH TOTAL 84,041.76 Subtotal Direct Costs 84,041.76 Trucks/Safety/Travel/Small Tools 0.00% - Liability Insurance 1.0000% 840.42 Profit /Overhead 21.00% 17,648.77 Contractor Bond 1.00% 1,025.31 Subtotal Mark -Ups 19,514.50 Total (Rounded) 103,556.00 Sub Costs Totals 103,556.00 Page 105 of 154 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 Back to Agenda CONTRACT CITY OF PORT ORCHARD MCCORMICK WOODS — WELL NO. 11 SITE IMPROVEMENT PROJECT PUBLIC WORKS PROJECT NO PW2023-010 CONTRACT NO. 063-23 THIS CONTRACT ("Contract") is made and entered into this 8th day of August, 2023, by and between the City of Port Orchard, a municipality incorporated and existing under the laws of the State of Washington, hereinafter called the "City," and JMG Constructors, LLC hereinafter called the "Contractor." WITNESSETH: General Provisions. A. Description of Work. The Contractor, in consideration of the covenants, agreements and payments to be performed and made by the City, hereby covenants and agrees to furnish all labor, tools, materials, equipment and supplies required for, and to execute, construct and finish in full compliance with the Contract Documents, McCormick Woods — Well No. it Site Improvement Project. The Contractor further agrees to perform all such work for the Contract Price stated in the Contractor's Bid Proposal dated July 25, 2023, attached hereto and incorporated herein by this reference as if set forth in full. Contractor further represents that the services furnished under this Agreement will be performed in accordance with and as described in the attached plans and specifications and with the Port Orchard Municipal Code, the City's Public Works Standards, which includes (but is not limited to) the 2021 edition of the WSDOT Standard Specifications for Road, Bridge, and Municipal Construction (which shall apply except where noted otherwise). All of these standards are by this reference incorporated herein and made a part hereof. Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time such services are performed. The Contract Documents include: Exhibit A -a confirmed copy of the Proposal made by the Contractor on July 25, 2023, together with the Instructions to Bidders. Exhibit B — The Project Manual for the MCCORMICK WOODS — WELL NO. 11 SITE IMPROVEMENT PROJECT. Exhibit C — Retainage Options All Exhibits to this Contract are by this reference incorporated herein and made a part hereof as if set forth in full. City of Port Orchard Conti -act 9063-23 McCormick Woods — Well No. I I — Site Improvements ProjeclP"blic Works Project 4PW2023-0I0 Page 1 of 37 Page 106 of 154 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 Back to Agenda B. Time of Completion. Time is of the essence of this Contract. It is agreed that the work covered by this Contract shall start within 14 calendar days after Notice to Proceed is issued and that all construction shall be complete within 350 working days after the Notice to Proceed Date. C. Liquidated Damages. It is further agreed that the City will suffer damage and be put to additional expense in the event that the Contractor shall not have the specified portions of the work completed in all its parts in the time specified, and as it may be difficult to accurately compute the amount of such damage, the Contractor expressly covenants and agrees to pay to the City liquidated damages, the sum as calculated by the equation shown in Section 1-08.9 of the WSDOT Standard Specifications, for each and every working day said work is not complete beyond the time shown in the Proposal. II. Non -Discrimination. During the performance of this Contract, the Contractor, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to compliance with the following Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 C.F.R. Part 27; • The Age Discrimination Act of 1975, as amended, (42 U S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC§ 471, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); ■ The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub- recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private Cih• of Pori Orchard Contract 4063-23 A4cCormick Woods — Well No 11 — Site ltnprorements ProjeciPublic Works Project #PiV2023-010 Page 2 of 37 Page 107 of 154 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 Back to Agenda transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to -ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • 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). Title VI of the Civil Rights Act of 1964 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 ensure that its contracts comply with these regulations. Also, in accordance with Title VI, the City is required to include the following clauses in every contract subject to Title VI and its related regulations. Therefore, during the performance of this Contract, the Contractor, for itself, its assignees, and successors in interest agrees as follows: Compliance with Regulations: The Contractor will comply with the Acts and the regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation, Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made a part of this Contract. 2. Nondiscrimination: The Contractor, with regard to the work performed by it during this Contract, will not discriminate on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations as Ciq of Pori Orchard Conu•act 4063-23 McCormick Woods — Well No. I I — Site /mproremenis ProjeciPublic Works Project 4PW2023-010 Page 3 of 37 Page 108 of 154 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 Back to Agenda set forth herein, including employment practices when this Contract covers any activity, project, or program set forth in Appendix B of 49 C.F.R. part 21. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the Contractor's obligations under this Contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP. 4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of the Contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the City or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the Non-discrimination provisions of this Contract, the City will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: 1. withholding payments to the Contractor under the Contract until the Contractor complies; and/or 2. cancelling, terminating, or suspending the Contract, in whole or in part. 6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the City or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. Cih of Pori Orchard Contract 4063-23 UcCoi nick Woods— Well No 11 — Site lnprovenenis ProjeciPablic Works Project #PTV2023-010 Page 4 of 37 Page 109 of 154 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 Back to Agenda III. Public Records Act Chapter 42.56 RCW Contractor understands that their bid response documents, and any contract documents may be subject to release under the Public Records Act Chapter 42.56 RCW and the City may be required to disclose such documents upon a request. Contractor acknowledges that they have been advised to mark any records believed to be trade secrets or confidential in nature as "confidential." If records marked as "confidential" are found to be responsive to the request for records, the City as a courtesy to the Contractor, may elect to give notice to Contractor of the request so as to allow Contractor to seek a protective order from a Court. Contractor acknowledges and agrees that any records deemed responsive to a public records request may be released at the sole discretion of, and without notice by, the City. IV. Termination The City may terminate this contract for cause or for convenience. 1. Termination for Cause. The City may, upon 7 days written notice to Contractor and to its surety, terminate (without prejudice to any right or remedy of the City) the contract, or any part of it, for cause upon the occurrence of any one or more of the following events: Contractor fails to complete the work or any portion thereof with sufficient diligence to ensure substantial completion of the work within the contract time; Contractor is adjudged bankrupt, makes a general assignment for the benefit of its creditors, or a receiver is appointed on account of its insolvency; Contractor fails in a material way to replace or correct work not in conformance with the Contract Documents, Contractor repeatedly fails to supply skilled workers or proper materials or equipment; Contractor materially disregards or fails to comply with laws, ordinances, rules, regulations, or orders of any public authority having jurisdiction; or Contractor is otherwise in material breach of any provision of the contract. Upon termination, the City may, at its option, take possession of or use all documents, materials, equipment, tools, and construction equipment and machinery thereon owned by Contractor to maintain the orderly progress of, and to finish, the work, and finish the work by whatever other reasonable method it deems expedient. 2. Termination for Convenience. The City may, upon written notice, terminate (without prejudice to any right or remedy of the City) the contract, or any part of it, for the convenience of the City. 3. Settlement of Costs. If the City terminates for convenience, Contractor shall be entitled to make a request for an equitable adjustment for its reasonable direct costs incurred prior to the effective date of the termination, plus a reasonable allowance for overhead and profit on work performed prior to termination, plus the reasonable administrative costs of the termination, but shall not be entitled to any other costs or damages, whatsoever, provided however, the total sum payable upon termination shall not exceed the Contract Sum reduced by prior payments. 01.y of Porf Orchard Contract 4063-23 iYlcCornuck Woods— Well Aro. 11—Site Improvements ProjeclPublic Works Project #PW2023-010 Page 5 of 37 Page 110 of 154 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 Back to Agenda V. Corporate Surety Bond With this Contract, Contractor is furnishing a Corporate Surety Bond in the amount of Dollars ($ ) with as Surety, to ensure full compliance, execution and performance of this Contractor in accordance with all its terms and provisions. VI. Independent Contractor. Contract by the The parties intend that an Independent Contractor -Employer Relationship will be created by this Agreement and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. VII. Employment of State Retirees. The City is a "DRS-covered employer" which is an organization that employs one or more members of any retirement system administered by the Washington State Department of Retirement Systems (DRS). Pursuant to RCW 41.50.139(1) and WAC 415-02-325(1), the City is required to elicit on a written form if any of the Contractor's employees providing services to the City retired using the 2008 Early Retirement Factors (ERFs), or if the Contractor is owned by an individual who retired using the 2008 ERFs, and whether the nature of the service and compensation would result in a retirement benefit being suspended. Failure to make this determination exposes the City to significant liability for pension overpayments. As a result, before commencing work under this Agreement, Contractor shall determine whether any of its employees providing services to the City or any of the Contractor's owners retired using the 2008 ERFs, and shall immediately notify the City and shall promptly complete the form provided by the City after this notification is made. This notification to DRS could impact the payment of retirement benefits to employees and owners of Contractor. Contractor shall indemnify, defend, and hold harmless the City from any and all claims, damages, or other liability, including attorneys' fees and costs, relating to a claim by DRS of a pension overpayment caused by or resulting from Contractor's failure to comply with the terms of this provision. This provision shall survive termination of this Agreement. City of Port Orchard Contract 4063-23 McCormick Woods— IT'ell:Vo. I —Site Improvements ProjeciPublic Works Project 4PiV2023-010 Page 6 of 37 Page 111 of 154 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 Back to Agenda Vlll. Changes. The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the person listed in the Notice provision section of this Agreement, within fourteen (14) calendar days of the date Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section IX entitled, "Claims," below. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. IX. Claims. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first. Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through S below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. City of Por! Orchard Contract 4063-23 AkCormick Woods— Well iVo l l — Sile lmproi,enienis ProjeetPublie Works Project 4PW2023-010 Page 7 of 37 Page 112 of 154 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 Back to Agenda A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and S. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). X. Limitation Of Actions. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. Ciq of Port Orchard Contract #063-23 McCormick Woods— [fell No 11 — Sile lmproi,ements ProjeclPublic Works Project QTTL)023-010 Page 8 of 37 Page 113 of 154 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 Back to Agenda XI. Warranty. Upon acceptance of the contract work, Contractor must provide the City a two-year warranty bond in the amount of twenty percent (20%) of the contract price a form and amount acceptable to the City. The Contractor shall correct all defects in workmanship and materials within two (2) years from the date of the City's acceptance of the Contract work, including replacing vegetation that fails to thrive. In the event any parts are repaired or replaced, only original replacement parts shall be used —rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) additional year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. XII. Indemnification. Contractor shall defend, indemnify, and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the sole negligence of the City. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. The parties further acknowledge that they have mutually negotiated this waiver. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. XIII. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with City of Porl Orchard Contract 4063-23 McCormick Woods — Well ,Vo, I 1 — Site Improvements ProjeclPahlic Works Project 4PW2023-010 Page 9 of 37 Page 114 of 154 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 Back to Agenda the performance of the work hereunder by the Contractor, its agents, representative, employees or subcontractors. No Limitation. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance. Contractor 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 and shall cover liability arising from premises, operations, stop gap liability, independent contractors, products -completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 1185. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Builders Risk insurance covering interests of the City, the Contractor, Subcontractors, and Sub -subcontractors in the work. Builders Risk insurance shall be on a all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including flood and earthquake, theft, vandalism, malicious mischief, collapse, temporary buildings and debris removal. This Builders Risk insurance covering the work will have a deductible of $5,000 for each occurrence, which will be the responsibility of the Contractor. Higher deductibles for flood and earthquake perils may be accepted by the City upon written request by the Contractor and written acceptance by the City. Any increased deductibles accepted by the City will remain the responsibility of the Contractor. The Builders Risk insurance shall be maintained until final acceptance of the work by the City. B. Minimum Amounts of Insurance. Contractor shall maintain the following insurance limits: 00 oj'Porl Orchard Contract 0063-23 WcComnick Woods — 11'ell No. I I — Site Nprovemenls ProjeclPublic Works Project #PW2023-010 Page 10 of 37 Page 115 of 154 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 Back to Agenda 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 $3,000,000 each occurrence, $3,000,000 general aggregate and a $3,000,000 products - completed operations aggregate limit. 3. Builders Risk insurance shall be written in the amount of the completed value of the project with no coinsurance provisions. C. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Commercial General Liability and Builders Risk insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. D. Contractor's Insurance for Other Losses. The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor's employee -owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences. E. Waiver of Subrogation. The Contractor and the City waive all rights against each other any of their Subcontractors, Sub -subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extend covered by Builders Risk insurance or other property insurance obtained pursuant to the Insurance Requirements Section of this Contract or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise. F. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANIL G. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. Before any exposure to loss may occur, the Contractor shall file with the City a copy of the Builders Risk insurance policy that includes all applicable conditions, exclusions, definitions, terms and endorsements related to this Project. Cal of Port Orchard Contract 4063-23 McCormick Woods — Well No. ! ! — Sile /mproremenis ProjectPablic Works Project 4PW2023-0l0 Page 11 of 37 Page 116 of 154 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 Back to Agenda H. Subcontractors. Contractor shall ensure that each subcontractor of every tier obtain at a minimum the same insurance coverage and limits as stated herein for the Contractor (with the exception of Builders Risk insurance). Upon request the City, the Contractor shall provide evidence of such insurance. XIV. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XV. Miscellaneous Provisions. A. Non -Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. B. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the Kitsap County Superior Court, Kitsap County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XII of this Agreement. C. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. D. Assignment. Any assignment of this Agreement by either party without the written consent of the non -assigning party shall be void. If the non -assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Cih• of Port Orchard Contract 0063-23 McCormick Woods — 1Ve11,Vo 11 — Site Imprm,enienis ProjectPablic Works Project #PW?013-010 Page 12 of 37 Page 117 of 154 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 Back to Agenda E. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. F. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. G. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. H. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement.IN WITNESS WHEREOF the parties hereto have caused these presents to be duly executed. DocuSigned by: CITY Ob`�CT�C� 14RD Robert Putaansuu, Mayor CONTRACTOR By: Title: . Address: <W3'Z 7igned by: gned 6A5A,5hC�C�C�.40A-1.$. _. Brandy Wallace, MMC, City Clerk Cii) of Port Orchard Contract 0063-23 UcCornuck Woods— fFell Vo 11 — Site Improrenienls ProjeciPublic Works Project 4PW2023-010 Page 13 of 37 Page 118 of 154 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 Back to Agenda APPROVED AS TO FORM: /DocuSigned by: Charlotte Archer, City Attorney NOTICES TO BE SENT TO: CONTRACTOR. CITY NAME3MG Cb uC Q(1 Name: Robert Putaansuu_ ADDRESS 3cc x D E) W L�5 A146 Prospect Street, _a t!:> V 3 %0'.' . c,�7 `� �3 7 C Port Orchard, WA 98366 TELEPHONE 3[.Q — �s --� ai ❑ `a TEL HONE: 360 876-4407 Email l` vt ia�C.7�mCm 6—ntltLy--M&il: ` ie ci rk@portorchardwa.gov With a copy to the City Clerk at the same address Cin ofPoil Orchard Contract 4063-23 McCormick Woods— Well 'Vo 11 — Site lmproi,enrenls ProjeclPublic Works Project #PW2023-010 Page 14 of 37 Page 119 of 154 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 Back to Agenda EXHIBIT C 5% RETAINAGE INVESTMENT OPTION' Contractor: I Lc. Project Name: MCCORMICK WOODS — WELL NO. 11 SITE IMPROVEMENT PROJECT Date: `7 1 Project Number: PW2023-010 f Pursuant to RCW 60.28.010, as amended, you may exercise an option as to how the 5% retainage under this contract will be invested. Please complete and sign this form indication your preference. If you fail to do so you will miss the benefit of any interest earned. Select one of the following options: 1. Savings Account: Money will be placed in an interest -bearing account. The interest will be G paid to you directly, rather than kept on deposit. If this is your choice, then please complete attached SAVINGS ACCOUNT AGREEMENT. Please state the name of your bank. Bank: �Le , � �.S 'i; � Il4 a �, 1L 2. Escrow/Investments: The City will deliver retainage checks to a selected bank, pursuant to an escrow agreement. The bank will then invest the funds in securities or bonds selected by you, and interest will be paid to you as it accrues. If this is your choice then please complete attached ESCROW AGREEMNT. Preferred Bank: Securities/Bonds: ❑ 3. Guarantee Deposit: Retainage will be held by the City. No interest is payable to the Contractor Retainage is normally released 45 days after final acceptance of the work or following receipt of Labor and Industries/Department of Revenue clearance, whichever date is the later. Retainage on landscaping work may be longer, due to its seasonal nature. However, if this project is subject to grant funding, then the retainage may also be held until such time as the Contractor meets its obligations to the City to provide required information and documentation for compliance with the grant funding requirements. State law allows for limited early release of retainage in certain circum e. Contractor's Signotare - Cam+ Title ' If the Contractor opts to post a retainage bond under RCW 60.28.011, such bond shall be in a form acceptable to the City, shall be with a surety with a minimum of A.M. Best financial strength rating of a minimum of A-. Cii)- of Pori Orchard Contract 4063-23 McCormick Woods — 'fell No 11 —Sire lmproi:emenls PiojeclPublic Works Project #PA,'2023-010 Page 15 of 37 Page 120 of 154 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 Back to Agenda SAVING ACCOUNT AGREEMENT TOBANK: a SAVINGS ACCOUNT NO: 5 99 BANK'S ADDRESS: AGENCY: CITY OF PORT ORCHARD 216 Prospect Street Port Orchard WA 98366 CONTRACT NO: In PROJECT TITLE: WAG The estimated completion date of contract is: ` The undersigned, ilVi �Q�-, S—C [-2iL.'��31 �_ �L, herein referred to as the CONTRACTOR, has directed the CITY OF PORT ORCHARD, Washirigton, hereinafter referred to as the AGENCY, to deliver to you its warrants which shall be payable to you and the CONTRACTOR jointly. Such warrants are to be held and disposed of by you in accordance with the following instructions and upon the terms and conditions hereinafter set forth. INSTRUCTIONS 1. Warrants or checks made payable to you and the CONTRACTOR jointly upon deliveryto you shall be endorsed by you and forwarded for collection. The moneys will then be placed by you in an interest - bearing savings account. 2. When and as interest on the savings account accrues and is paid, you shall collect such interest and forward it to the CONTRACTOR at its address designated below unless otherwise director by the CONTRACTOR. 3. You are not authorized to deliver to the CONTRACTOR all or any part of the principal held by you pursuant to this agreement, except in accordance with written instruction from the AGENCY. Compliance with such instructions shall relieve you of any further liability related thereto. 4. The CONTRACTOR agrees to pay you as compensation for your services hereunder as follows: Payment of all fees shall be the sole responsibility of the CONTRACTOR and shall not be deducted from any moneys placed with you pursuant to this agreement until and unless the AGENCY directs the release to the CONTRACTOR, whereupon you shall be granted a first lien upon such moneys released and shall be entitled to reimburse yourself from such moneys for the entire amount of your fees as provided for herein above. In the event that you are made a party to any litigation with respect to the moneys held by you hereunder, or in the event that the conditions of this agreement are not promptly fulfilled, or that you are required to render any service not provided for in these instructions, or that there is any assignment of the interests of this agreement, or any modification Cin of Pori Orchard Contract #063-23 McCormick Woods— Well No 11 — Site lmpro>>emenis ProjeciPiiblic Works Project #PW2023-010 Page 16 of 37 Page 121 of 154 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 Back to Agenda hereof, you shall be entitled to reasonable compensation for such extraordinary services from the CONTRACTOR and reimbursement from the CONTRACTOR for all costs and expenses, including attorney fees occasioned by such default, delay, controversy or litigation. 5. This agreement shall not be binding until executed by the CONTRACTOR and the AGENCY and accepted by you. 6. This instrument contains the entire agreement between you, the CONTRACTOR and the AGENCY. You are not a party to nor bound by any instrument or agreement other than this. You shall not be required to take notice of any default or any other matter nor be bound by nor required to give notice or demand, nor required to take any action whatever except as herein expressly provided. You shall not be liable for any loss or damage not caused by your own negligence or willful misconduct. 7. The foregoing provisions shall be binding upon the assigns, successors, personal representative and heir of the Parties hereto. :Simc, 6-'0 0 S-}-r MM t " CITY OF PORT ORCHARD Contractor BY: Title: �• l Date: Address: ��6t Q iN k,.) TOO 16 6, � A CIS 3r � Agency Ali Date: The above savings account agreement and instruction received and accepted this day of ZD:Z:5 Bank Nolne�� Authorized Bank Officer Cih' of Pori 01 chard Contract 4063-23 McCormick Woods— 11'el1No 11 —Sile lmprovemeius ProjeciPublic Works Project #PW?013-010 Page 17 of 37 Page 122 of 154 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 Back to Agenda TO BANK: BANK'S ADDRESS: AGENCY CONTRACT NO.: ESCROW AGREEMENT ESCROW NO.: CITY OF PORT ORCHARD 216 Prospect Street Port Orchard WA 98366 PROJECT TITLE:_ MCCORMICK WOODS —WELL NO. 11 SITE IMPROVEMENT PROJECT The estimated completion date of contract is: The undersigned, CONTRACTOR, has directed the CITY OF PORT AGENCY, to deliver to you its warrants w Such warrants are to be held and dispos+ and upon the terms and conditions herei herein referred to as the )ACHARD, Washington, hereinafter referred to as the hall be payable to you and the CONTRACTOR jointly, by you in accordance with the following instructions after set forth. INSTRUCTIONS 1. Warrants or chZother 'payable to you and the CONTRACTOR jointly upon delivery to you shall be endorand forwarded for collection. The moneys will then be used by you to purchase, aby the CONTRACTOR, bonds or other securities chosen by the CONTRACTORved by the AGENCY. Attached is a list of such bonds, or other securities apphe AGENCY. Other bonds or securities, except stocks may be selected by thTOR, subject to express written approval of the AGENCY. Purchase of such bonds ,curities shall be in a form which shall allow you alone to reconvert such bonds or other securities into money if you are required to do so by the AGENCY as provided in paragraph 4 of this Escrow Agreement. 2. When an as interest on the securities held by you pursuant to this agreement accrues and is paid, ou shall collect such interest and forward it to the CONTRACTOR at its address design ed below unless otherwise directed by the CONTRACTOR. 3. You a not authorized to deliver to the CONTRACTOR all or any part of the securities held by you pursuant to this agreement (or any moneys derived from the sale of such securities, or the negotiation of the AGENCY'S warrants) except in accordance with written instructions City of Port Orchard Contract 9063-23 McCormick Woods— iPell Vo 11 — Site Improvements ProjeciPublic Works Project #PW2023-010 Page 18 of 37 Page 123 of 154 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 Back to Agenda from the AGENCY. Compliance with such instruction shall relieve you of any further liability related thereto. 4. In the event the AGENCY orders you to do so in writing, you shall within thirty-five (35) days of receipt of such order, reconvert into money the securities held by you pursuant to this agreement and return such money together with any other moneys held by you hereunder, to the AGENCY. 5. The CONTRACTOR agrees to pay you as compensation for your services hereunder as follows: Payment of all fees shall be the sole responsibility of the CONTRACTOR and shall not be deducted from any property placed with you pursuant to this agreement until and unless the AGENCY directs the release to the CONTRACTOR of the securities and moneys held hereunder whereupon you shall be granted a first lien upon such property released and shall be entitled to reimburse yourself from such property for the entire amount of your fees as provided for herein above. In the event that are made a party to any litigation with respect to the property held by you hereunder, or in the event that the conditions of this escrow are not promptly fulfilled or that you are required to render any service not provided for in these instructions, or that there is any assignment of the interest of this escrow or any modification hereof, you shall be entitled to reasonable compensation for such extraordinary services from the CONTRACTOR and reimbursement from the CONTRACTOR for all costs and expenses, including attorney fees occasioned by such default, delay, controversy or litigation. 6. This agreement shall not be binding until executed by the CONTRACTOR and the AGENCY and accepted by you. 7. This instrument contains the entire agreement between you, the CONTRACTOR and the AGENCY with respect to this escrow and you are not a party to nor bound by any instrument or agreement other than this; you shall not be required to take notice of any default or any other matter nor be bound by nor be bound by nor required to give notice or demand , nor required to take action whatever except as herein expressly provided; you shall not be liable for any loss or damage not caused by your own negligence or willful misconduct. City of Port Orchard Conlrac! 4063-23 McCormick Woods— Well No. II —Site Improi,emenis ProjectPublic Works Project #PW2023-010 Page 19 of 37 Page 124 of 154 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 Back to Agenda The foregone provision shall be binding upon the assigns, successors, personal representative, and heir of the Parties hereto. Contractor By: _ Title. Date: Address: CITY OF PORT ORCHARD Agency By: Date: The above escrow agreement and instruction received and accepted this day of ,20 . Bank Name Authorized Bank Officer SECURITIES AUTHORIZED BY AGENCY 1. Bills, certificates, notes or bonds of the United States; 2. Other obligations of the United States or its agencies; 3. Obligation of any corporation wholly -owned by the government of the United States; 4. Indebtedness of the Federal Nation Mortgage Association; and 5. Time deposits in commercial banks. City of Port Orchard Contract 4063-23 McCormick Woods — Well No. 1 I — Site Improvements ProjectPublic Works Project PPW2023-010 Page 20 of 37 Page 125 of 154 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 Back to Agenda PERFORMANCE AND PAYMENT BOND CITY OF PORT ORCHARD MCCORMICK WOODS — WELL NO. 11 SITE IMPROVEMENT PROJECT PUBLIC WORKS PROJECT NO. PW2023-010 Bond to City of Port Orchard, Washington Bond No. NAS 2339641 Premium: $52,926 We, _.JMG Constructors. LLC , and Swiss Re Corporate Solutions America Insurance Corporation (Principal) (Surety) a Missouri Corporation, and as a surety corporation authorized to become a surety upon Bonds of Contractors with municipal corporations in Washington State, are jointly and severally bound to the City of Port Orchard, Washington ("Owner"), in the penal sum of Five Million Nine Hundred Ninety Six Thousand Five Hundred Thirty Two Dollars ($ 5.996.532.00 ), the payment of which sum, on demand, we bind ourselves and our successors, heirs, administrators, executors, or personal representatives, as the case may be. This Performance Bond is provided to secure the performance of Principal in connection with a contract dated August 8 T 2023 , between Principal and Owner for a project entitled McCormick Woods- Well No 11 Site Improvement Project ("Project") — Public Works Project No. PW2023-010 ("Contract"). The initial penal sum shall equal 100 percent of the Total Bid Price, including all applicable state sales tax, as specified in the Proposal submitted by Principal. NOW, THEREFORE, this Performance and Payment Bond shall be satisfied and released only upon the condition that Principal: Faithfully performs all provisions of the Contract and changes authorized by Owner in the manner and within the time specified as may be extended under the Contract; Pays all laborers, mechanics, subcontractors, lower tier subcontractors, material -persons, and all other persons or agents who supply labor, equipment, or materials to the Project; Pays the taxes, increases and penalties incurred on the Project under Titles 50, 51 and 82 RCW on: (A) Projects referred to in RCW 60.28.011(1)(b); and/or (B) Projects for which the bond is conditioned on the payment of such taxes, increases and penalties; and Posts a two-year warranty/maintenance bond to secure the project. Such bond shall be in the amount of twenty percent (20%) of the project costs. Provided, further that this bond shall remain in full force and effect until released in writing by the City at the request of the Surety or Principal. The surety shall indemnify, defend, and protect the Owner against any claim of direct or indirect loss resulting from the failure: City of Port Orchard Contract #063-23 McCormick Woods — Well No. I I — Site Improvements ProjectPublic Works Project #PW2023-010 Page 21 of 37 Page 126 of 154 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 Back to Agenda Of the Principal (or any of the employees, subcontractors, or lower tier subcontractors of the Principal) to faithfully perform the Contract, or Of the Principal (or any subcontractor or lower tier subcontractor of the Principal) to pay all laborers, mechanics, subcontractors, lower tier subcontractors, material person, or any other person who provides supplies or provisions for carrying out the work. The liability of Surety shall be limited to the penal sum of this Performance and Payment Bond. No change, extension of time, alteration, or addition to the terms of the Contract or to the Work to be performed under the Contract shall in any way affect Surety's obligation on the Performance Bond. Surety hereby waives notice of any change, extension of time, alteration, or addition to the terms of the Contract or the Work, with the exception that Surety shall be notified if the Contract time is extended by more than twenty percent (20%). If any modification or change increases the total amount to be paid under the Contract, Surety's obligation under this Performance and Payment Bond shall automatically increase in a like amount. Any such increase shall not exceed twenty-five percent (25%) of the original amount of the Performance and Payment Bond without the prior written consent of Surety. This Performance and Payment Bond shall be governed and construed by the laws of the State of Washington, and venue shall be in Kitsap County, Washington. IN WITNESS WHEREOF, the parties have executed this instrument in two (2) identical counterparts this 9th day of Auoust , 20 23 . JMGLonstructors. LLC �rincipal Signature of Authorized Official t\ �Tr4 1A Printed Name and Title Swiss Re Corporate Solutions America Insurance Corporation Surety S' ature of Authorized Official By Jon Richard Sullivan Attorney in Fact (Attach Power of Attorney) Name and address of local office of Swiss Re Corporate Solutions America Insurance Co r oration Agent and/or Surety Company: 450 Alaskan Way South, Suite 200 Seattle, WA 98104 Surety companies executing bonds must appear on the current Authorized Insurance List 3n the State of Washington per Section 1-02.7 of the Standard Specifications. City of Port Orchard Contract 9063-23 McCormick Woods — Well No. 11 — Site Improvements ProjectPublic Works Project #PW2023-010 Page 22 of 37 Page 127 of 154 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 Back to Agenda ACKNOWLEDGEMENT Corporation, Partnership, or Individual STATE OF vim"- • I ) ��-}-� }ss. COUNTY OF I t \ J } p,� On this 1 day of 20 �J, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally a ppeared O --L - 'Q to me known to be the (check one of the following boxes): n �M Q C � ' • 1 tOf CZ CJ� Y-,)the corporation, C partnership, individual, of the that executed the foregoing instrument to be the free and voluntary act and deed of said CIO' corporation, 0 partnership, n individual for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. �11N11't�t�� ' �''' :• �Q, YTARY r"n ? 's PUBLIC 201. �w ; y HEN Notary Seal with Ink Stamp �- :-� k n `56 y, Print or type name NOTARY PUBLIC, in and for the State of Washington I Residing at l� My Commission expires: City of Port Orchard Contract #063-23 McCormick Woods — Well No. 11 — Site Improvements ProjectPublic Works Project #PW2023-010 Page 23 of 37 Page 128 of 154 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 Back to Agenda STATE OF COUNTY OF *PLEASE SEE ATTACHED NOTARY ACKNOWLEDGMENT FOR SURETY SIGNATURES* SURETY ACKNOWLEDGEMENT )ss. On this day of , 20 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the of , the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. Print or type name NOTARY PUBLIC, in and for the State of Washington Residing My Commission expires: Notary Seal With Ink Stamp City of Port Orchard Contract #063-23 McCormick Woods — Well No. 11 — Site Improvements ProjectPublic Works Project #PW2023-010 Page 24 of 37 Page 129 of 154 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 Back to Agenda ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Marin On Au 0-6 Ott 2.02,before me, Emma Nichols, Notary Public (insert name and title of the officer) personally appeared - .lon Richard Sullivan who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. EMMA NICHOLS 3 U '' COMM. * 2350090 0 Y.. NOTARY PUBLIC • CALIFORNIA � 2 Y MARIN COUNTY n •' COMM. EXPIRES MAR. 3.2025, Signature _ (Seal) Page 130 of 154 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 SWISS RE CORPORATE SOLUTIONS SWISS RE CORPORATE SOLUTIONS AMERICA INSURANCE CORPORATION ("SRCSAIC") SWISS RE CORPORATE SOLUTIONS PREMIER INSURANCE CORPORATION ("SRCSPIC") WESTPORT INSURANCE CORPORATION ("WIC') GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT SRCSAIC, a corporation duly organized and existing under laws of the State of Missouri, and having its principal office in the City of Kansas City, Missouri, and SRCSPIC, a corporation organized and existing under the laws of the State of Missouri and having its principal office in the City of Kansas City, Missouri, and WIC, organized under the laws of the State of Missouri, and having its principal office in the City of Kansas City, Missouri, each does hereby make, constitute and appoint: JON RICHARD SULLIVAN, KAREN RHODES, TAMMY BATES, and EMMALYN NICHOLS JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: TWO HUNDRED MILLION ($200,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both SRCSAIC and SRCSPIC at meetings duly called and held on the 18th of November 2021 and WIC by written consent of its Executive Committee dated July 18, 2011. "RESOLVED, that any two of the President, any Managing Director, any Senior Vice President, any Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is, authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Corporation bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Corporation; and it is FT JP.THER RESOLVED, that the signature of such officers and the seal of the Corporation may be affixed to any such Power of Attorney or to ar.,y c;itificate rela-iing hereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be Hritsine upon the Corporation when so affixed and in the future with regard to anv bond, undertaking or contract of surety to which it is attached." Nn.n�.��lly ��11.1III11n��N ' ao''�pNa PRE 1 .nApOR�T :P s,' B ; •: 4r fr R'.. s Y Erik Janssens, Senior Vice President of SRCSAIC & Senior Vice PresidentL e I . ?7 s of SRCSPIC & Senior Vice President of W IC =.i n.: Gerald Jagrowski, Vice President of SRCSAIC & Vice President of SRCSPIC & Vice President of W IC IN WITNESS WHEREOF, SRCSAIC, SRCSPIC, and WIC have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 10 day of NOVEMBER 20 22 Swiss Re Corporate Solutions America Insurance Corporation State of Illinois Swiss Re Corporate Solutions Premier Insurance Corporation County of Cook El Westport Insurance Corporation On this 10 day of NOVEMBER 20 22 , before me, a Notary Public personally appeared Erik Janssens , Senior Vice President of SRCSAIC and Senior Vice President of SRCSPIC and Senior Vice President of WIC and Gerald Jaerowski , Vice President of SRCSAIC and Vice President of SPCSPIC and Vice President of WIC, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. pc�ou� sEA� Q}fiik¢-f1HA 1�A�71SCa MOAAIg1 Fl19LIC,.871RQpFf1110�1 EortdtY�YeaIRedt ,� I, lefircy Goldberg; the duly elected Senior Vice President and Assistant Secretary of SRCSAIC and SRCSPIC and WIC, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said SRCSAIC and SRCSPIC and WIC, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 9th day of August 2Q 23 . �.trtY•s��..� µr Jeffrey Goldberg, Senior Vice President & Assistant Secretary of SRCSAIC and SRCSPIC and WIC Pa e 131 of 154 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 Back to Agenda PERFORMANCE AND PAYMENT BOND CITY OF PORT ORCHARD MCCORMICK WOODS — WELL NO. 11 SITE IMPROVEMENT PROJECT PUBLIC WORKS PROJECT NO. PW2023-010 Bond to City of Port Orchard, Washington Bond No. NAS 2339641 Premium: $52,926 We, _JMG Constructors. LLC , and Swiss Re Corporate Solutlons America Insurance Corporation (Principal) (Surety) a Missouri Corporation, and as a surety corporation authorized to become a surety upon Bonds of Contractors with municipal corporations in Washington State, are jointly and severally bound to the City of Port Orchard, Washington ("Owner"), in the penal sum of Five Million Nine Hundred Ninety Six Thousand Five Hundred ThirtV Two Dollars ($ 5,996,532,00 ), the payment of which sum, on demand, we bind ourselves and our successors, heirs, administrators, executors, or personal representatives, as the case may be. This Performance Bond is provided to secure the performance of Principal in connection with a contract dated August , 2023 , between Principal and Owner for a project entitled McCormick Woods -Well Noll Site Improvement Project ("Project") — Public Works Project No. PW2023-010 ("Contract"). The initial penal sum shall equal 100 percent of the Total Bid Price, including all applicable state sales tax, as specified in the Proposal submitted by Principal. NOW, THEREFORE, this Performance and Payment Bond shall be satisfied and released only upon the condition that Principal: Faithfully performs all provisions of the Contract and changes authorized by Owner in the manner and within the time specified as may be extended under the Contract; Pays all laborers, mechanics, subcontractors, lower tier subcontractors, material -persons, and all other persons or agents who supply labor, equipment, or materials to the Project; Pays the taxes, increases and penalties incurred on the Project under Titles 50, 51 and 82 RCW on: (A) Projects referred to in RCW 60.28.011(1)(b); and/or (B) Projects for which the bond is conditioned on the payment of such taxes, increases and penalties; and Posts a two-year warranty/maintenance bond to secure the project. Such bond shall be in the amount of twenty percent (20%) of the project costs. Provided, further that this bond shall remain in full force and effect until released in writing by the City at the request of the Surety or Principal. The surety shall indemnify, defend, and protect the Owner against any claim of direct or indirect loss resulting from the failure: City of Port Orchard Contract #063-23 McCormick Woods — Well No. 11 — Site Improvements ProjectPublic Works Project #PW2023-010 Page 21 of 37 Page 132 of 154 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 Back to Agenda Of the Principal (or any of the employees, subcontractors, or lower tier subcontractors of the Principal) to faithfully perform the Contract, or Of the Principal (or any subcontractor or lower tier subcontractor of the Principal) to pay all laborers, mechanics, subcontractors, lower tier subcontractors, material person, or any other person who provides supplies or provisions for carrying out the work. The liability of Surety shall be limited to the penal sum of this Performance and Payment Bond. No change, extension of time, alteration, or addition to the terms of the Contract or to the Work to be performed under the Contract shall in any way affect Surety's obligation on the Performance Bond. Surety hereby waives notice of any change, extension of time, alteration, or addition to the terms of the Contract or the Work, with the exception that Surety shall be notified if the Contract time is extended by more than twenty percent (20%). If any modification or change increases the total amount to be paid under the Contract, Surety's obligation under this Performance and Payment Bond shall automatically increase in a like amount. Any such increase shall not exceed twenty-five percent (25%) of the original amount of the Performance and Payment Bond without the prior written consent of Surety. This Performance and Payment Bond shall be governed and construed by the laws of the State of Washington, and venue shall be in Kitsap County, Washington. IN WITNESS WHEREOF, the parties have executed this instrument in two (2) identical counterparts this 9th day of __August , 20 23 . JMG Constructors. LLC PIcipal Signature of Authorized Official �: � � �t� � �.�rz---- C� • ICI - Printed Name and Title Swiss Re Corporate Solutions America Insurance Corporation Surety Signature of Authorized Official By Jon Richard Sullivan Attorney in Fact (Attach Power of Attorney) Name and address of local office of Swiss Re Corporate Solutions America Insurance Corporation Agent and/or Surety Company: 450 Alaskan Way South, Suite 200 Seattle, WA 98104 _ Surety companies executing bonds must appear on the current Authorized Insurance List in the State of Washington per Section 1-02.7 of the Standard Specifications. City of Port Orchard Contract #063-23 McCormick Woods — Well No. 11 — Site Improvements ProjectPublic Works Project #PW2023-010 Page 22 of 37 Page 133 of 154 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 Back to Agenda ACKNOWLEDGEMENT Corporation, Partnership, or Individual STATE OF }ss. COUNTY OF �1 On this l day of 20before me, the undersigned, a Notary Public in and for the State ,of hington, duly commissioned and sworn, personally appeared�y``��`^ �� to me known to be the (check one of the following boxes): 'if-�` .-Qx� e�I rof J'��Cy C�' C S the corporation, 0 partnership, 0 individual, of the that executed the foregoing instrument to be the free and voluntary act and deed of said 0 corporation, 0 partnership, n individual for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY i PUBLIC 0 Notary Seal with Ink Stamp us a-r-\ SY\ A _,,T�,k Y)%6 Y-\ Print r type name�� ND RY PUBLIC, in and for the State of Was ?g2ton vv�� j\ r JI �Y �l_o^ 'X vv Residing at ha# My Commission expires:�- City of Port Orchard Contract #063-23 McCormick Woods — Well No. 11— Site Improvements ProjectPublic Works Project #PW2023-010 Page 23 of 37 Page 134 of 154 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 Back to Agenda STATE OF COUNTY OF *PLEASE SEE ATTACHED NOTARY ACKNOWLEDGMENT FOR SURETY SIGNATURES* SURETY ACKNOWLEDGEMENT )ss. On this day of , 20 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the of , the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. Print or type name NOTARY PUBLIC, in and for the State of Washington Residing My Commission expires: Notary Seal With Ink Stamp City of Port Orchard Contract #063-23 McCormick Woods — Well No. 11— Site Improvements ProjectPublic Works Project #PW2023-010 Page 24 of 37 Page 135 of 154 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 Back to Agenda ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity oft at document. State of California County of Marin On v 0113 before me, Emma Nichols, Notary Public (insert name and title of the officer) personally appeared ]on Richard Sullivan who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. �- " ,:'. ti E M M A N I C H 0 L S, () " COMM. # 2350090 (� u ; " NOTARY PUBLIC - CALIFORNIA MARIN COUNTY 0 1 + a COMM. EXPIRES MAR. 3 2025� _- f Signature _ ... (Seal) Page 136 of 154 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 glad- Affim SWISS RE CORPORATE SOLUTIONS SWISS RE CORPORATE SOLUTIONS AMERICA INSURANCE CORPORATION ("SRCSAIC") SWISS RE CORPORATE SOLUTIONS PREMIER INSURANCE CORPORATION ("SRCSPIC") W ESTPORT INSURANCE CORPORATION ("WIC') GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT SRCSAIC, a corporation duly organized and existirg under laws of the State of Missouri, and having its principal office in the City of Kansas City, Missouri, and SRCSPIC, a corporation organized Fnd existing under the laws of the State of Missouri and having its principal office in the City of Kansas City, Missouri, and WIC, organized under the laws of the State of Missouri, and having its principal office in the City of Kansas City, Missouri, each does hereby make, constitute and appoint: JON RICHARD SULLIVAN, KAREN RHODES, TAMMY BATES, and EMMALYN NICHOLS JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its ict and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of TWO HUNDRED MILLION ($200,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both SRCSAIC and SRCSPIC at meetings duly called and held on the 18th of November 2021 and WIC by written consent of its Executive Committee dated July 18, 2011. "RESOLVED, that any two of the President, any Managing Director, any Senior Vice President, any Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is, authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Corporation bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Corporation; and it is FURTHER l;'F.SOLVED, that the signature of such officers and the seal of the Corporation may be affixed to any such Power of Attorney or to anv cvrtilicato relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be biVji112 tloon the Corr.oletion when so affixed and in the future with reeard to any bond, undertaking or contract of surety to which it is attached." rd: pfGPORq, SEAL Is AJ Erik Janssens, Senior Vice President of SRCSAIC & Senior Vice President 4� P e of SRCSPIC & Senior Vice President of WIC B U iF ;'�.�'�'µtN�d'� a } Gerald Jagrowski, Vice President of SRCSAIC & Vice President of SRCSPIC & Vice President of W IC IN W ITNESS WHEREOF, SRCSAIC, SRCSPIC, and WIC have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 10 day of NOVEMBER 20 22 Swiss Re Corporate Solutions America Insurance Corporation State of Illinois Swiss Re Corporate Solutions Premier Insurance Corporation County of Cook 1' Westport Insurance Corporation On this 10 day of NOVEMBER .20 22 , before me, a Notary Public personally appeared Erik Janssens, Senior Vice President of SRCSAIC and Senior Vice President of SRCSPIC and Senior Vice President of WIC and Gerald Jagrowski , Vice President of SRCSAIC and Vice President of SPCSPIC and Vice President of WIC, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. pFFl4'iAt CHR18TiKA �1V1$CQ 1, JeffreyJeffrev Goldberg, the duly elected Senior Vice President and Assistant Secretary of SRCSAIC and SRCSPIC and WIC, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said SRCSAIC and SRCSPIC and WIC, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 9th day of August 12023 Jeffrey Goldberg, Ser_ior Vice President & Assistant Secretary of SRCSAIC and SRCSPIC and WIC Pacie 137 of 154 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 Back to Agenda CITY OF PORT ORCHARD MAINTENANCE/WARRANTY BOND NOTE. This f0PM must he completed at Contract Conn gletion. Before th-0 Performance Bond or the retainage can be released, the City must receive the tivo year Maintenance /Warranty Bond Project #: PW-2023-010 Surety Bond #: Date Posted: Expiration Date: RE: Project Name: MCCORMICK WOODS — WELL NO. 11 SITE IMPROVEMENT PROJECT Owner/Developer/Contractor: Project Address: KNOW ALL PERSONS BY THESE PRESENTS: That we, (hereinafter called the "Principal"), and , a corporation organized under the laws of the State of and authorized to transact surety business in the State of Washington (hereinafter called the "Surety"), are held and firmly bound unto the City of Port Orchard, Washington, in the sum of dollars ($ ) 20% of the total contract amount, lawful money of the United States of America, for the payment of which sum we and each of us bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. THE CONDITIONS of the above obligation are such that: WHEREAS, the above named Principal has constructed and installed certain improvements on public property in connection with a project as described above within the City of Port Orchard; and WHEREAS, the Principal is required to post a bond for the twenty-four (24) months following written and final acceptance of the project in order to provide security for the obligation of the Principal to repair and/or replace said improvements against defects in workmanship, materials or installation during the twenty-four (24) months after written and final approval/acceptance of the same by the City; NOW, THEREFORE, this Maintenance Bond has been secured and is hereby submitted to the City. It is understood and agreed that this obligation shall continue in effect until released in writing by the City, but only after the Principal has performed and satisfied the following conditions: A. The work or improvements installed by the Principal and subject to the terms and conditions of this Bond are as follows: (insert complete description of work here) B. The Principal and Surety agree that the work and improvements installed in the above - referenced project shall remain free from defects in material, workmanship and installation (or, Ciq of Port Orchard Contract 0063-23 iWcCarouck Woods — Well No. I I — Site Improi,ements Projecihihlic Works Project #PW2023-010 Page 25 of 37 Page 138 of 154 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 Back to Agenda in the case of landscaping, shall survive,) for a period of twenty-four (24) months after written and final acceptance of the same and approval by the City. Maintenance is defined as acts carried out to prevent a decline, lapse or cessation of the state of the project or improvements as accepted by the City during the twenty-four (24) month period after final and written acceptance, and includes, but is not limited to, repair or replacement of defective workmanship, materials or installations. C. The Principal shall, at its sole cost and expense, carefully replace and/or repair any damage or defects in workmanship, materials or installation to the City -owned real property on which improvements have been installed and leave the same in as good condition or better as it was before commencement of the work. D. The Principal and the Surety agree that in the event any of the improvements or restoration work installed or completed by the Principal as described herein, fail to remain free from defects in materials, workmanship or installation (or in the case of landscaping, fail to survive), for a period of twenty-four (24) months from the date of approval/acceptance of the work by the City, the Principal shall repair and/replace the same within ten (10) days of demand by the City, and if the Principal should fail to do so, then the Surety shall: 1. Within twenty (20) days of demand of the City, make written commitment to the City that it will either: a). remedy the default itself with reasonable diligence pursuant to a time schedule acceptable to the City; or b). tender to the City within an additional ten (10) days the amount necessary, as determined by the City, for the City to remedy the default, up to the total bond amount. Upon completion of the Surety's duties under either of the options above, the Surety shall then have fulfilled its obligations under this bond. If the Surety elects to fulfill its obligation pursuant to the requirements of subsection D(1)(b), the City shall notify the Surety of the actual cost of the remedy, upon completion of the remedy. The City shall return, without interest, any overpayment made by the Surety, and the Surety shall pay to the City any actual costs which exceeded the City estimate, limited to the bond amount. 2. In the event the Principal fails to make repairs or provide maintenance within the time period requested by the City, then the City, its employees and agents shall have the right at the City's sole election to enter onto said property described above for the purpose of repairing or maintaining the improvements. This provision shall not be construed as creating an obligation on the part of the City or its representatives to repair or maintain such improvements. E. Corrections. Any corrections required by the City shall be commenced within ten (10) days of notification by the City and completed within thirty (30) days of the date of notification. If the work is not performed in a timely manner, the City shall have the right, without recourse to legal action, to take such action under this bond as described in Section D above. Ciq of Pori 01 chard Conlrac! 4063-23 A�fcCorpnick Woods— Bell No 11 —Site Improvements ProjeciPuhlic Wanks Project #PW2023-010 Page 26 of 37 Page 139 of 154 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 Back to Agenda F. Extensions and Changes. No change, extension of time, alteration or addition to the work to be performed by the Principal shall affect the obligation of the Principal or Surety on this bond, unless the City specifically agrees, in writing, to such alteration, addition, extension or change. The Surety waives notice of any such change, extension, alteration or addition thereunder. G. Enforcement. It is specifically agreed by and between the parties that in the event any legal action must be taken to enforce the provisions of this bond or to collect said bond, the prevailing party shall be entitled to collect its costs and reasonable attorney fees as a part of the reasonable costs of securing the obligation hereunder. In the event of settlement or resolution of these issues prior to the filing of any suit, the actual costs incurred by the City, including reasonable attorney fees, shall be considered a part of the obligation hereunder secured. Said costs and reasonable legal fees shall be recoverable by the prevailing party, not only from the proceeds of this bond, but also over and above said bond as a part of any recovery (including recovery on the bond) in any judicial proceeding. The Surety hereby agrees that this bond shall be governed by the laws of the State of Washington. Venue of any litigation arising out of this bond shall be in Kitsap County Superior Court. H. Bond Expiration. This bond shall remain in full force and effect until the obligations secured hereby have been fully performed and until released in writing by the City at the request of the Surety or Principal. DATED this day of SURETY COMPANY (Signature must be notarized) By: Its: Business Name: Business Address: City/State/Zip Code: Telephone Number: 20_ DEVELOPER/OWNER (Signature must be notarized) By: Its: Business Name: Business Address: City/State/Zip Code: Telephone Number: CHECK FOR ATTACHED NOTARY SIGNATURE Developer/Owner (Form P-1) Surety Company (Form P-2) City of Porl Orchard Contract #063-23 HcCormick Woods — Well No. l 1 — Site Improvements ProjeciPublic Works Project 4PW2023-010 Page 27 of 37 Page 140 of 154 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 Back to Agenda FORM P-1 / NOTARY BLOCK (Developer/Owner) STATE OF WASHINGTON ] ] ss. COUNTY OF ] I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged as the of that they signed this instrument, on oath stated that they are authorized to execute the instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument. Dated: (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires Cite of Port Orchard Contract 9063-23 McCormick Woods— Well No 11 —Site Improvements ProjeclPublic Works Project #PW2023-010 Page 28 of 37 Page 141 of 154 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 Back to Agenda FORM P-2/NOTARY BLOCK (Surety Company) STATE OF WASHINGTON 1 ss. COUNTY OF j I certify that I know or have satisfactory evidence that _ is the person who appeared before me, and said person acknowledged as the of that they signed this instrument, on oath stated that they are authorized to execite the instrument and acknowledged it to be their free and voluntary act for the uses and puraoses mentioned in the instrument. Dated: (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: 00- of Pore Orchard Contract 4063-23 McCormick Woods— Well No. I I — Site Improvements ProjeclPublic Works Project 4PNI3023-010 Page 29 of 37 Page 142 of 154 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 Back to Agenda PROPOSAL CITY OF PORT ORCHARD MCCORMICK WOODS — WELL NO. 11 SITE IMPROVEMENT PROJECT PUBLIC WORKS PROJECT NO. PW2023-010 To: Mayor and City Council City of Port Orchard, Washington Contractor: State Lice se No.: �1M CI f o� a s•+fy'�.0 l - -� — Date: J �J t+t J Month/Day/Year Bidder's Declaration and Understanding The Bidder declares that they have carefully examined the Contract Documents for the construction of the project, that they have personally inspected the site, that they have satisfied themselves as to the quantities involved, including materials and equipment, and conditions of work involved, including the fact that the description of the quantities of work and materials, as included herein, is brief and is intended only to indicate the general nature of the work and to identify the said quantities with the detailed requirements of the Contract Documents, and that this Proposal is made according the provisions and under the terms of the Contract Documents, which Documents are hereby made a part of this Proposal. The Bidder further declares that they have exercised their own judgment regarding the interpretation, of subsurface information and has utilized all data, which they believe pertinent from City and other sources and has made such independent investigations as the Bidder deems necessary in arriving at their conclusions. Bidder understands that any bid response documents may be subject to release under the Public Records Act Chapter 42.56 RCW and the City may be required to disclose bid responses upon a request. Bidder acknowledges that they been advised to mark any records believed to be trade secrets or confidential in nature as "confidential." If records marked as "confidential" are found to be responsive to the request for records, the City as a courtesy to the Bidder may elect to give notice to Bidder of the request so as to allow Bidder to seek a protective order from a Court. Bidder acknowledges and agrees that any records deemed responsive to a public records request may be released at the sole discretion of, and without notice by, the City. Contract Execution The Bidder agrees that if this Proposal is accepted, they will, within fourteen (14) calendar days after Notice of Award, complete and sign the Contract in the form annexed hereto, and will at that time deliver to the City executed copies of the Performance Bond, Labor and Material Payment bond, the Certificate of Insurance, and other documentation required by the Contract Documents, and will, to the extent of their Proposal, furnish all machinery, tools, apparatus and other means of construction and do the work and furnish all the materials or services necessary to complete all work as specified or indicated in the Contract Documents. ('irr q Port Orchard A-Cormick Woody - 0'ril ,\'rr- I - ,Site Improvements 1'rnj,.7 !'rrhlic 11-arks Prorjrcr a PFV20 i-Ilia LD-l-1 Page 30 of 37 Page 143 of 154 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 Back to Agenda Start of Construction and Contract Completion The Bidder further agrees that within 14 calendar days of CONTRACT START DATE, they will meet with engineering personnel, and complete the construction within 350 working days of START DATE. Lump Sum and Unit Price Work The Bidder further proposes to accept as full payment for the work proposed herein the amounts computed under the provisions of the Contract Documents and based on lump sum and unit price amounts, it being expressly understood that the unit prices are independent of the exact quantities involved. The Bidder agrees that the lump sum prices and the unit prices represent a True measure of the labor, services, and materials required to perform the work, including ail allowances for overhead and profit for each type and unit of work called for in these Contract Documents. If any material, item, or service required by the Contract Documents has not been mentioned specifically, the same shall be furnished and placed with the understanding that the full cost to the City has been merged with prices named in the proposal. l(r t orrorc k fl ood% - [fell No / / ode• /'rrNrr LD-1! Page 31 of 37 Providod co nuildnrr. L'xnh.ange of wA, Inc. For uoage cor•.dN66944.8184"nt oae www.bxwa.con Alwayc VeriE,,' .kcal DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 SCHEDULE OF CONTRACT PRICES MCCORMICK WOODS WELL NO. 11 SITE IMPROVEMENT PROJECT NOTE- Unit prices for all items and the total amount bid must be shown. The Project must be bid in its entirety, including all bid items as specifically listed in the Proposal, in order to be considered a responsive bid. Where conflict occurs between the unit price and the total amount named for any items, the unit price typed or printed and entered in ink Shall prevail. The Contracting Agency reserves the right to award all work bid according to the lowest qualified responsive bid tendered, available funds, and as it best Serves the interest of the Contracting Agency. All work awarded will be made to the same Contractor/bidder. Item Estimated Description of Item/ Total Amount in Unit Price Total Amount No. Quantlty Words Base Bid Mobilization, Bonds, Insurance, and 1 lump Sum Demobilization T s 2 0 2QO. 2 -n . (Total Amount in Words rujt HUgdred Seve.ilti{ Ef�kF Dollars Per Lump Sum _ 2 Lump Sum Control �Trafffic r I rLe211 3 f10 (Total Amount in WordsrWe r�q-Tltiyee Odlusr Per Lump Sum 3 Lump Sum Surveying and Construction Staking C s&-i r}rau5 aae1 -Te" g , J&6'1 s 5 Z S T23, oo (Total Amount in Words) TLur�r DeAl Q.-T Per Per Lump Sum 4 Lump Sum Erosion and Sedimentation Control FL� TktC rjrr _- p� 5 1 LLL 1 + p 5 L J— . 00 , (Total Amount in Words)FF9hfern Inf►ars- Per Lump Sum S Lurnp Surn Sheeting, Shoring, and Bracing r > ! hT. rs�c� Fnr�r 4tCnci ren� 5, A 2 S 5 4-33 - 00 (Total Amount in WordsrIi-r f 'TiV.AR4 I z-_v Per Lump Sum 6 80 DI Pipee Water Main, 8 In. Dian; -for '![1 �hae►S..» �_TII C.z�.l Id 5 S I31-31LiJ • V! 7 - (Total Amount in Words)5;kJ, L�nl IQvs- Per Lineal Foot 7 330 DI Pipe for Water Main, 10 In. Dram 5�NP 13 W Nill aTMauS► nd '12120 (total Aniovitt in Words) HLL/ VtrJ [)c-J/aS Per Lineal Foot 8 90 Pipe for Water Main, 12 In Diam pDI l tillilli T1RAi]'�Je[l. FEJi�ARCI 5 S 2J7i LVQ. Ld�� ITo( aI Amount in Word5)T1n1ri.4Dotiav- Per Lineal Foot 9 80 PVC Pipe for Drain, 4 In Diam. $ iF& 0 — s l0� Lo 10.00 (Total Amount in Words) FCAj Per Lineal Foot 10 220 PVC Pipe for Drain, 10 in. Diam. Page 32 of 37 Provided to 131.ii;der , Exchange of WA, Tnc. Fnr iisage see www bxwa.con - Always Verify .,^a1 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 Item No. I1 3S 12 45 Estimated Description of Item/Total Amount in Unit Price Total Amount Quantity Words 13 600 14 Lump Sum 15 4 16 1 17 Lump Sum 18 1 19 2 20 Lump Sum 21 Lump Sum 22 Lump Sum 11 re,- Try , Isr�wr (Total A aunt in Words)A-4dPerl TZ" Illy )i'+f 14" Di Pioe for Storm. 8 In. D;am. FF+ i ff+rr Ir'Fk OlfA rii ..r! i K 4- tLiA l'i'd (Total Amount in Words) rOcU-+Y [)d'Q,--.) slOv-so Per Lineal Foot s 124.00 s 4.340.00 Per Lineal Foot DI Pioe for Storm, 12 In- Diam S, &Tha Ls2j2rl Nita A- gdne d (Total Amount in Wordsl'5 Pve Per Lineal Foot I1-M-1 PVC Pipe for Gravity Sewer, 8 In- Diam C'A h "-,4Y-—71La.usa'14 $0 0 (Total Amount in Words) Per Lineal Foot Piping, Fittings, Valves, and Appurtenances inside Pump Station Building - L-V e4V.4 Six 0114 Tkrusnd SN45 (Total Amount in WordsW PLLnji ed F- [4H Per Lump Sum fTkC Lail k¢ 48 inch Concrete Manholes iTotal Amount In Words Pi 57K:T>ikxr Per ach 60-inch Concrete Dechlorination Manhole Tce4k.--� ,r Th � sr. nr1 ,yin t (Total Amount in Wordsif"trJ All o- Per Each Pump Station Budding a� hst ZIL�TL�i1e g. 'Zr r� lcan 5t fi (Total Amount m Per Lump Sum �'excy J�r-�rf k.-f'�L+i lsr3 Well No. 11 Pump (Total Amount in Word51 .�y" dux x*td Per Each C g ki DalI�. . Booslei Pumps (Total Amount in Words LdQk-ffaPer Each Chlorination System �y rj�rFy} g' ,e_d LVU Nti t7� 7`f if utdi Amount in Worts) Esj Per Lurn p Sum 1V n�.y c i-wd T --a'- �a ) ks s. Fluoridation System (Total Amount in Words) t�. S� )Per Lump Sum Y?�I1 as,j Water Sampling Station 91.5. CO $ 2LPI. (per.00 s 32. Q 5(,. CO ".1m.l.uggam s 2�1r 36, CC) Page 33 of 37 �:i>•:i.jed Btl:Iders FX. 7:7ancj� -:[ WA, Tnc- For u_nge i:Jn`��Cj2'�iv16'�OF��3$s'pe www,bxwa,^om • Always V�:-•�`.- .i: DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 Item Estimated Description of Item/ Total Amount in Unit Price No. Quantity Words �T Tr��l s23;555 (Total Amount in Words) AM }�4� Per Lump Sum 23 Lump Sum Electrical and Instrumentation 9 YV! s I It CM SeVQ. Sit �17 ewS�sc�/ {Total Amount in Words)$ij'A', Per Lump Sum 24 Lump Sum Generator Set Two 4U nd red r�r� �� (Total Amount in Words) t4i t1,}�+F0 Per Lump Sum Testing, Flushing, and Disinfection ouf`�"-►T1 �1C: 25 Lump Sum Water Mains "t I -je.g�.j ZIA s 2�0�81 ':!orY" Oil Per Lump Sum Total Amount s 23.555 00 s 2 50, ao2.00 L�, �£� I . C)U Well Decommissioning, Abandoning 26 Lump Sum Existing Pipe, and Site Demolition s134�0-2-1 S 134. 621. 0v (Total Amount in Wuri&) dye Per Lump Sum ! 1 [ a-t s 27 Lump Sum-CCllearwell Rehabilitation unnl� We. (Total Amount m Wvrds� aod Per Lump Sum Tell 4LX11L14lrjna Te*, 2B 350 Hot Mix Asphalt rr �/� r��7cQ ►'![xtd FC3P� 5 2 _O $ �� o Q [ al Amount in Words)��11pv,r Per Ton 24 390 Crushed Surfacing Top Course F44MY_ 1-ki Cxl2za!, a ��r+�+� r h ��Z } 1 �. 1-20, 00 ^ (tedal Amount in Words) ♦ "'d Per Ton 30 Z60 Surfacing Base Coursed �Crrushed ^ ` ,�� /� ❑ (Total Amount in Wordsl121 �� Per Ton Final Site Grading, Surface Restoration, 31 Lump Sum and Site Clean -Up N $ q4� (Total Amount in Words),51,cVkAxikerif `�1t Per LumySum � r� 32 Lump Sum Blloswa��le 1a,,��tn�r cs s 1 2r r r�r� 5 1 f 4. r iil,� - cp- (Total Amount in Words) Per Lump Sum .Six Del) a<s Page 34 of 37 B=._Laels Excn•amle 7A WA, Im'. F•-,. ,a:;age (")r1L1Raggi947,Df nr see www bxwa.com - Always Vera Ty 3ca: k& DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 Item Estimated Description of Item/ Total Amount In Unit Price Total Amount No, Quantity Words 33 Force Account Minor Changes _$100,000 $ 100,000 (Total Amount in Words) CLAd rto Cen.ES Per Force Account 34 1 8-inch Piping Vault (Total Amount in Words) Per Each 35 1 10-inch Valve Vault r A,zo 4110M A4,000.0-C) _ (Total Amount in Words) Per ach Total Base Bid _i 4 S LQ,30 QQ Tax 9.3% $ .2_2Lo TOTAL BID SALES TAX Retailing'Retail Sales Tax Rule WAC 458-20-170: Washington State Retail sales tax added as percent in addition to contract bid price; sales tax shown as separate line item. Page 35 of 37 Prrox-..i w? !^ H3si?avra Fx-•ha igv of 'AA Tne Fnr usaoP CordPbde,-K8%0tg6qPn1- spwww bxwq nnih Always Vor:f., Q: Aa DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 The undersigned Bidder hereby agrees to start construction on this project, if awarded, no later than fourteen (14) calendar days after Notice to Proceed and to complete the project within the time stipulated in the Contract. By signing below, Bidder acknowledges receipt of the following Addenda to the Bid Documents: CITY OF PORT ORCHARD MCCORMICK WOODS — WELL NO. 1 SITE IMPROVEMENT PROJECT PUBLIC WORKS PROJECT NO. 2023-010 'Z Addendum No- Date ofReceipt Addendum No. Date of Receipt ? Addendum No. Date 01 Receipt Addendum No. Date of Receipt 5 - -1 zr 1-20Z3 NOTE: Failure to acknowledge receipt of Addenda may be considered us an irregularity in the Bid Proposal and Owner reserves the right to determine whether the bid will be disqualified. By signing below, Bidder certifies that they have reviewed the insurance provisions of the Bid Documents and will provide the required coverage. The undersigned Bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date for this Project, the Bidder is not a "willful" violator, as defined in RCW 49,48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. OFFICIAL AUTHORIZED TO SIGN FOR BIDDER: "I certify (or declare) under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct." Signature: Date: UJO Printed Name and Title: Location or Place Executed (City, State): n - r Business Address: Business Telephone: P 0 aok 241 5 ' F,}- + ,.) + F - - NOTES: If the Bidder is a co -partnership, give firm name under which business is transacted; proposal must be executed by a partner. If the Bidder is a corporation, proposal must be executed in the corporate name by the president or vice-president (or any other corporate officer accompanied by evidence of authority to sign). Fill .,! Porl Orrhurd to('„rmhck If'„ )d% - I Fell Ao. II — ,file hpit rurrm cnls Pn,icct Puhlic Iforkr Pn,jrrl ' PIP202 3-hill LP-19 Page 36 of 37 Page 149 of 154 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 Back to Agenda STATE OF l ) )ss. COUNTY OF �, 4 I certify that I know or have satisfactory evidence that -an n/ ,.A jPe _ _ signed this proposal, on oath stated that they are authorized to execute the proposal and acknowledged it as the r (title) off (name of party on behalf of whom proposal was executed) and acknowledged it to be their free and voluntarjact for the uses and purposes mentioned in this proposal. Dated this 25 �" day of 1 20 3 Notary Public Lads[ 1 Hin ��ytillV!l7fjll Printed Name *ngy,f�ff My Commission Expires: 7a.�?*8,. A, i�� f F?12G25 _ orq�,ys *V. Sri ryf 1�A ^ ti r �'11A S HEN ��t'• ti+rhl{In1WO rirl Orchard ucc oriniCk Womh - lVell.<<, 11 - Silr lrnprnreme111V ProjeLl Public If orks Projeet Li 1'11"2023-010 LD-2n Page 37 of 37 Page 150 of 154 City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 citvhall&portorchardwa.gov 1 (360) 876-4407 www.portorchardwa.gov Agenda Staff Report Agenda Item No.: Business Item 7D Subject: Approval of a Memorandum of Understanding with the Teamsters Representing Municipal Court Employees Regarding Part-time Employee Benefits ORCHARD. Meeting Date: April 23, 2024 Prepared By: Debbie Lund HR Director Summary: The Municipal Court has made the difficult decision to reduce the hours of a current full- time employee from 40 to 20 hours per week. This decision has been made based on the workload and operational needs of Municipal Court. City policy provides that the City will pay 50% of the cost of medical insurance for employee -only coverage for those part-time employees working between 20 and 30 hours per week. In the case of a union employee, we must look to language in the collective bargaining agreement (which may deviate from the City's policy). Upon review of the contract language, it was noted that the title of the article governing medical insurance for part-time employees could be interpreted to mean that a 20 hour per week employee was not eligible for a City contribution to the employee's medical insurance. That is inconsistent with how the City treats all other 20-hour-a-week employees per the aforementioned policy. Therefore, the City and the Union have agreed to a minor amendment to make the collective bargaining agreement between the City and the Teamsters representing Municipal Court Employees consist with the treatment of other 20 hour per week City employees. The MOU proposed for approval reflects the necessary minor amendment. Recommendation: Staff recommends the City Council authorize the Mayor to sign an Agreement with the Teamsters representing Municipal Court Employees regarding part-time employee benefits. Relationship to Comprehensive Plan: N/A Motion for consideration: "I move to authorize the Mayor to sign an Agreement with the Teamsters representing the Municipal Court Employees regarding part-time employee benefits." Page 151 of 154 Back to Agenda Staff Report 7D Page 2 of 2 Fiscal Impact: Budgeted. Alternatives: Do not approve and provide alternative guidance. Attachments: The Agreement under consideration tonight is a confidential draft until approved by Council and signed by the parties. Accordingly, it is sent to Council by the City Attorney. Page 152 of 154 City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 citvhall&portorchardwa.gov 1 (360) 876-4407 www.portorchardwa.gov City Council Retreat (April 12, 2024) Outcomes and Implementation Timelines ORCHARD. • Hold an online parliamentary training and roles and responsibilities training. o City Attorney/City Clerk: To be on a future Work Study Agenda and looking into the length of the video. Planning Commissioners would likely attend. • Increase the number of summer hire staff from 4 to 6 and explore increasing the salary for competitiveness. o Human Resource Director: Currently recruiting. Hire an Asset Management Specialist. o Human Resource Director: Recruiting will start upon Council approval at the May 28th Council meeting. • Promote Office Assistant II to an Office Assistant III to perform the administrative side of stormwater, sewer & water permits. o Human Resource Director: Will take effect after the Council approval at the May 28th Council meeting. • Change stormwater FTE into an entry level engineer. o Human Resource Director: TBD. • Update the City's Traffic Impact Study. o Community Development Director: Will be on the May 14t" City council meeting for Council approval. • When the City Attorney has capacity, focus on the following: Targeting June Work Study with Draft for consideration. o Update processes regarding ordinance sponsors. ■ City Attorney/City Clerk: Will prepare draft of an ordinance amending POMC o Explore adding ground rules to City Council members. ■ City Attorney: Will draft an ordinance adding Council Standard of Conduct to POMC o Change the public comment process to include one public comment period at the beginning of the meeting. ■ City Attorney/City Clerk: Will prepare draft of an ordinance amending POMC o Add ground rules for public participation during council meetings. — Page 153 of 154 Back to Agenda ■ City Attorney: Will prepare draft of an ordinance amending POMC and repealing current resolution • Hold a work study session on the City's Guiding Principles. o City Council: Will be held at the July Work Study Session. • Have the City Attorney draft a white paper on options for the Myhre's building. o City Attorney: A draft will be prepared for the May 14t" City Council meeting. • Discuss 1406 funds — Non -Profit Partners needed. o Mayor: Nonprofits needed to perform services. Is further discussion needed? • Create a road clean-up program (see existing work with Kitsap County). o City Attorney/Public Works Director: A draft ILA will be prepared for the May 14tn City Council meeting. • Discuss the plans and vision for the public library property. o City Council: Targeting the September Work Study Session. Page 154 of 154