07/21/2020 - Work Study - Packet
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City of Port Orchard Council Work Study Session
July 21, 2020
6:30 p.m.
Pursuant to the Governor’s “Stay Home - Stay Safe” Order, the City will take
actions on necessary and routine business items.
The City is prohibited from conducting meetings unless the meeting is NOT
conducted in-person and instead provides options for the public to attend
through telephone, internet or other means of remote access, and also
provides the ability for persons attending the meeting (not in-person) to hear
each other at the same time. Therefore;
Remote access only
Link: https://us02web.zoom.us/j/89844929226
Zoom Meeting ID: 898 4492 9226
Zoom Call-In: 1 253 215 8782
1. Sanitary Sewer Capital Facility Charges (CFC’s) (Dorsey/J. Brown/K.
Isakson) Page 2
Estimated Time: 30 Minutes
2. Community Event Center – Contract with Rice Fergus Miller and
Amendment to the Interlocal Agreement (Bond) Page 8
Estimated Time: 20 Minutes
3. Kitsap Transit SR-16 Park and Ride Study (Bond) Page 52
Estimated Time: 25 Minutes
4. Council 2021-2022 Budget Kickoff (Crocker) Page 68
Estimated Time: 30 Minutes
Mayor:
Rob Putaansuu
Administrative Official
Councilmembers:
Bek Ashby
Finance Committee
Economic Development & Tourism Committee
Transportation Committee
KRCC/KRCC PlanPol-alt /KRCC TransPol
PSRC-alt/PSRC TransPOL-Alt/PRTPO
Shawn Cucciardi
Finance Committee
E/D & Tourism Committee, Chair
Kitsap Economic Development Alliance
Fred Chang
Economic Development & Tourism Committee
Land Use Committee
Jay Rosapepe (Mayor Pro-Tempore)
Utilities/Sewer Advisory Committee
Land Use Committee
Transportation Committee
Lodging Tax Advisory Committee, Chair
KRCC-alt
John Clauson
Finance Committee
Utilities/Sewer Advisory Committee
Kitsap Public Health District-alt
Cindy Lucarelli
Festival of Chimes & Lights Committee, Chair
Utilities/Sewer Advisory Committee
Kitsap Economic Development Alliance
Scott Diener
Land Use Committee, Chair
Transportation Committee
Department Directors:
Nicholas Bond, AICP
Development Director
Mark Dorsey, P.E.
Director of Public Works/City Engineer
Tim Drury
Municipal Court Judge
Noah Crocker, M.B.A.
Finance Director
Matt Brown
Police Chief
Brandy Rinearson, MMC, CPRO
City Clerk
Meeting Location:
Council Chambers, 3rd Floor
216 Prospect Street
Port Orchard, WA 98366
Contact us:
(360) 876-4407
cityhall@cityofportorchard.us
City of Port Orchard
Work Study Session Executive Summary
Issue Title: Sanitary Sewer Capital Facility Charges (CFC’s)
Meeting Date: July 21, 2020
Time Required: 30 Minutes
Attendees: Katy Isaksen – Katy Isaksen & Associates and Jacki Brown – Utility
Manager
Action Requested At This Meeting: Staff is requesting direction on future actions needed to
adopt the proposed amendments to Chapter 13.04.025 POMC – Fee Schedule, Sewer
Connection Fees.
Issue: As an outcome of recent planned development activity throughout the city and the
completion of the sanitary sewer system modeling, the Capital Improvement Project (CIP)
list for the sanitary sewer system has been updated and an amendment to the City’s 2016
General Sewer Plan (GSP) is needed. As a function of this amendment, the sewer CFC’s
should be updated as well to provide the necessary revenue to ensure the completion of the
required CIP’s.
Background: In 2016, Katy Isaksen & Associates (KI&A) worked with the City on the GAP
Analysis for both Water and Sanitary Sewer, whereby Rates were modified and the CFC’s
were adjusted. On March 23, 2020, the City executed Contract C035-20 with Katy Isaksen
Associates for the Sewer Capital Facility Charge Update.
Recommendation: Update the Sewer CFC’s
Follow-up Notes & Outcomes:
Attachments: Sewer CFC Calculation.
Page 2 of 69
Introduction
City of Port Orchard
Sewer Capital Facilities Charge (CFC) Update
Prepared by KI&A Recommended, July 2020
Introduction
Katy Isaksen & Associates (KI&A) was contracted by the City of Port Orchard to update the Sewer CFC calculation.
All new development or upsized redevelopment pays a Sewer CFC for the right to connect into the sewer system.
The Sewer CFC is the fair share of the costs of the system in place and planned for the next six years in the City's Comprehensive Plan.
The costs are divided by the number of equivalent residential units (ERU's) at the end of the six-year period.
The current Sewer CFC was adopted in 2016 and became effective January 2017.
The sewer system in the City of Port Orchard consists of two components: treatment facilities and collection system (City facilities).
The wastewater treatment facilities are jointly owned with West Sound Utility District (WSUD) and a treatment facility fee is collected.
In addition, the City charges the Sewer CFC for the City-owned portion of the facilities.
This update addresses only the City portion of the system. New connections will pay both fees.
Sewer Capital Facilities Charge (CFC)
Current charge based equivalent residential units (ERU)
Residential = 1 ERU per dwelling unit.
Non-residential ERU = 180 gallons per day
SEWER
Existing Recommended
Component Charge Charge
WW Treatment Facilities**$3,597.37 per ERU $3,597
City Sewer Facilities $5,157.00 per ERU $7,680
Combined Sewer Facilities $8,754.37 per ERU $11,277
**WW Treatment Facility Fee passed-through for joint WWTF, however
McCormick Land Co. Div. 1-10 pays $881.25 per ERU per POMC 13.04.040
Future Updates
It is recommended that the Sewer CFC be updated annually by the Consumer Price Index (CPI) to keep the charge current as inflation
increases the cost of future projects. And to update the calculation with the next Comprehensive Plan update.
Pt Orch Sewer CFC Recommendation 7-14-20, DRAFT 7/14/2020, Page 1 Page 3 of 69
CFC
City of Port Orchard
Sewer Capital Facility Charge Calculation Recommended, July 2020
Combined W/S Assets Original Cost Sewer
Water/Sewer Combined Assets $3,614,100
Combined W/.S Assets $3,614,100
Split 50/50 $1,807,050
Subtotal Combined Assets $1,807,050
Utility Fixed Assets - Sewer
Utility Mains $15,172,269
Utility Services $1,631,340 all new customers provide their own
Other Utility Plant $7,436,909
Subtotal Fixed Assets $24,240,518 as of 12/31/18
Sewer Capital Facilities Charge Cost
EXISTING FACILITIES
Existing Sewer Plant $24,240,518 at original cost
Add: Sewer share Combined Assets $1,807,050 split 50/50
Less: Services -$1,631,340 all connections must provide
Adjust for Outstanding Debt $0
Subtotal Existing Sewer Plant $24,416,228
Pt Orch Sewer CFC Recommendation 7-14-20, 7/14/2020, Page 2 Page 4 of 69
CFC
City of Port Orchard
Sewer Capital Facility Charge Calculation Recommended, July 2020
Based on Utility Assets from Fixed Asset Report through 12/31/2018
Sewer Capital Facilities Charge Cost ERU's Cost per ERU
Base: EXISTING & FUTURE FACILITIES
Existing Sewer Plant $24,240,518 at original cost
Add: Sewer share Combined Assets $1,807,050 split 50/50
Less: Services -$1,631,340 all connections must provide
Adjust for Outstanding Debt $0
Subtotal Existing Sewer Plant $24,416,228
Future Sewer Improvements
Six-Year CIP ($2019)$20,112,500
developer $20,112,500
Sewer Facilities Cost per ERU $44,528,728 6612 $6,735 without allowable interest
Add State B&O Tax @ 1.5%$101
Total Sewer Facilities Cost per ERU $6,836 before allowable interest
A: WITH EXISTIING, FUTURE & 50% ALLOWABLE INTEREST - Current Method B. 100% Allow Int.
Existing Sewer Plant $24,416,228 $24,416,228
50% Allowable Interest up to 10-years $5,501,960 $11,003,920
Subtotal Existing Plant with Interest $29,918,188 $35,420,148
Future Sewer Improvements ($2019)$20,112,500 $20,112,500
$55,532,648
Sewer Facilities Cost per ERU with interest $50,030,688 6612 $7,567 with allowable interest up to 10-years $8,399
Add State B&O Tax @ 1.5%$113 $126
Total Sewer Facilities Cost per ERU $7,680 with tax & allowable interest $8,525
Credit calculated for new connections that have paid directly for sewer mains (latecomer, LID, developer extension, etc.)Credit @ 100% Int.
Credit for new connections providing sewer mains $15,172,269 6612 $2,295
Credit for new sewer mains with 50% interest $19,213,255 6612 $2,906 $3,517
Alternatives for Discussion:
Sewer Capital Facilities Charge Alternatives Cost per ERU
Current CFC $5,157
A. CFC With Existing, Future & 50% Interest Allowed $7,680 existing method
B. CFC With Existing, Future & 100% Interest Allowed $8,525
Increase this alternative $2,523
Credits should be available for the Future Sewer Improvements included in the
calculation that are funded by developers in excess of individual responsibility.
Pt Orch Sewer CFC Recommendation 7-14-20, 7/14/2020, Page 3 Page 5 of 69
CIP
City of Port Orchard
Capital Facilities Charge Recommended, July 2020
The following CIP tables to be included in Utilities Chapter, City Comprehensive Plan
Source: BHC memo, updated Sewer Six-Year CIP, 2020
Six-Year Sewer CIP Estimated 2020 CFC
CIP No.Project Project Cost Percent CFC Amount Financing Source
1 Marina Pump Station Improvements $8,000,000 50% $4,000,000 CFC /rates
2 Bay Street Pump Station Improvements $1,300,000 25% $325,000 CFC/rates
3 McCormick Pump Station 2 $4,500,000 100% $4,500,000 CFC
4 Eagle Crest Pump Station Generator Set $300,000 0%$0 rates
5 Albertson's Pump Station Upgrade $0 0%$0 developer
5A Bravo Terrace Lift Station and Force Main $5,000,000 75% $3,750,000 CFC
5B South Sidney Lift Station $2,500,000 100% $2,500,000 CFC
5C North Sidney Lift Station $2,500,000 100% $2,500,000 CFC
5D Sidney 2nd Force Main $1,537,500 100% $1,537,500 CFC
6 McCormick Woods Pump Station 3 $1,000,000 100% $1,000,000 CFC
Total Six-Year Sewer Improvements $26,637,500 $20,112,500
Credits may be available for developer-funded portions of "2020 CFC Amount" that exceed individual responsibility.
Pt Orch Sewer CFC Recommendation 7-14-20, 7/14/2020, Page 4 Page 6 of 69
ERU's
City of Port Orchard
Capital Facilities Charge Recommended, July 2020
Equivalent Residential Units (ERU's)
SEWER
POMC 13.04.040 Sewer Capital Facility Charge - Extension of Sewer
defines a residential ERU = 1 per single-family dwelling unit and
non-residential ERU = 1 per 180 gallons per day
Based on Aug. 14, 2019 memo to Sewer Advisory Committee from West Sound Utility District manager:
Number of ERU's based on the 2019 winter water consumption for the 2020 SKWRF Budget
Existing ERU's - Sewer 2019 ERU Count
Residential 4,557
Commercial 1,294
Total Existing Sewer ERU's 5,851
Six-Year Growth in ERU's
Comp plan assumes 2.0% annual
or 13% compounded over 6 yrs 0.13
Six-Year Future ERU's 761
Total Sewer ERU's in six-years 6,612
Pt Orch Sewer CFC Recommendation 7-14-20, 7/14/2020, Page 5 Page 7 of 69
City of Port Orchard
Work Study Session Executive Summary
Issue Title: Community Event Center – Contract with Rice Fergus Miller and Amendment
to Interlocal Agreement
Meeting Date: July 21, 2020
Time Required: 20 minutes
Attendees: Nick Bond, Steve Rice (Rice Fergus Miller)
Action Requested At This Meeting: Review proposed professional services contract and
scope of work prior to possible action on July 28, 2020. Review proposed revisions to KPFD
interlocal agreement prior to possible action on July 28, 2020.
Issue: The City Council has been asked to review a proposed contract, scope of work, and
fee proposal between the City and Rice Fergus Miller (RFM). The City is also asked to review
some minor revisions to the interlocal agreement between the City of Port Orchard and the
Kitsap Public Facilities District (KPFD). These two items are closely related and if acceptable
in their current proposed form will be brought forward for City Council approval on July 28,
2020.
The attached scope of work from RFM outlines the first phase of design work to be
conducted by RFM. The scope details the initial planning and design steps that will be taken
prior to preparing a phase 2 scope of work. The design project has been broken into phases
because the preferred project site has not been selected and each potential site will have
unique needs and costs. Phase 1 includes site review and selection as well as conceptual
design work for three site alternatives. At the conclucison of phase 1, the City Council will
be asked to select a preferred site, and based on that selection RFM will prepare a phase 2
scope of work and fee proposal. RFM’s phase 1 proposal and contract provides for a
$400,000 payment.
The attached redline amendments to contract 082-19 are made to clarify issues at the
request of the Finance Department, and to ensure that the approach to site selection and
conceptual design as proposed by RFM is clearly supported by the interlocal agreement.
Page 8 of 69
Executive Summary 2
Page 2 of 2
Some of the changes to the KPFD agreement have to do with the timing of a feasibility study
that KPFD is required to conduct for the project.
Background: In 2019, Port Orchard was awarded funding for the design and construction of
a community event center by the Kitsap Public Facilities District. This award is detailed in
contract 082-19, and provided for the City to hire a architect to design the building in
accordance with a scope of work. In the spring of 2020, the City advertised for Architectural
and Engineering services pursuant to RCW 39.80, and received nine statements of
qualifications from qualified firms. After an initial screening of the applications, the City
narrowed the candidates to the top three firms, and interviews were conducted via Zoom.
The City’s interview panel consisted of two council members, the mayor, three members of
City staff, a representative of the KPFD, and a representative of the Kitsap Library. After
interviewing the three candidate firms, the City selected Rice Fergus Miller as the most
qualified firm for the project. The City then began negotiating a project scope and fee with
RFM, so that a contract could be brought to the KPFD for review and to the City Council for
approval. Through the negotiation of the scope of work with RFM, some needed revisions
to the KPFD interlocal agreement were identified.
Alternatives: Changes to the proposed contract or fee and the interlocal agreement with
KPFD could be requested. Changing the interlocal agreement could delay the project by a
month or more.
Recommendation: Staff recommends that the City Council bring both agreements forward
for consideration at the July 28, 2020 City Council meeting.
Relationship to Comprehensive Plan: The Community Event Center is proposed as part of the
Downtwon Subarea Plan and the City’s Parks Plan.
Attachments: Draft contract. Project Schedule, Project Scope, Project Fees, Contract 082-19,
redline proposed revision to contract 082-19.
Follow-up Notes & Outcomes: Move forward two contracts for consideration on July 28,
2020.
Page 9 of 69
City of Port Orchard and __________
Public Works Project No. _________
Professional Service Agreement Contract No. ________
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CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT
THIS Agreement is made effective as of the _____ day of ___________ 201_, by and between the
City of Port Orchard, a municipal corporation, organized under the laws of the State of Washington, whose
address is:
CITY OF PORT ORCHARD, WASHINGTON (hereinafter the “CITY”)
216 Prospect Street
Port Orchard, Washington 98366
Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029
and_______________________, a corporation, organized under the laws of the State of
Washington, doing business at:
_______________________ (hereinafter the “CONSULTANT”)
_______________________
_______________________
_______________________
Contact: ________________ Phone:_________________ Fax:______________
for professional services in connection with the following Project:
_____________________________
TERMS AND CONDITIONS
1. Services by Consultant.
A. The Consultant shall perform the services described in the Scope of Work attached to this
Agreement as Exhibit "_____." The services performed by the Consultant shall not exceed the Scope of
Work without prior written authorization from the City. In performing such services, the Consultant shall
at all times comply with all Federal, State, and local laws and regulations applicable to the performance of
such services. The Consultant shall perform the services diligently and completely and in accordance with
professional standards of conduct and performance for Consultant’s profession.
B. The City may from time to time require changes or modifications in the Scope of Work.
Such changes, including any decrease or increase in the amount of compensation, shall be agreed to by the
parties and incorporated in written amendments to the Agreement.
2. Schedule of Work.
A. The Consultant shall perform the services described in the Scope of Work in accordance
with the tasks identified within Exhibit “_____” and the terms of this Agreement. If delays beyond the
Consultant's reasonable control occur, the parties will negotiate in good faith to determine whether an
extension is appropriate.
Page 10 of 69
City of Port Orchard and __________
Public Works Project No. _________
Professional Service Agreement Contract No. ________
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B. The Consultant is authorized to proceed with services upon receipt of a written Notice to
Proceed.
3. Terms. This Agreement shall commence on __________________ (“Commencement Date”) and
shall terminate _____________________ unless extended or terminated in writing as provided
herein. The City reserves the right to offer two (2) one-year extensions prior to contract
expiration to retain the selected company’s services.
4. Compensation.
ϒ LUMP SUM. Compensation for these services shall be a Lump Sum of $_________________.
ϒ TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed
$___________ without written authorization and will be based on the list of billing rates and
reimbursable expenses attached hereto as Exhibit “____.”
ϒ TIME AND MATERIALS. Compensation for these services shall be on a time and materials basis
according to the list of billing rates and reimbursable expenses attached hereto as Exhibit “_____.”
ϒ OTHER. _____________________________________________________________
5. Payment.
A. The Consultant shall maintain time and expense records and provide them to the City
monthly after services have been performed, along with monthly invoices in a format acceptable to the City
for work performed to the date of the invoice.
B. All invoices shall be paid by City warrant within thirty (30) days of receipt of a proper
invoice. If the City objects to all or any portion of any invoice, it shall so notify the Consultant of the same
within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in dispute, and
the parties shall immediately make every effort to settle the disputed portion.
C. The Consultant shall keep cost records and accounts pertaining to this Agreement available
for inspection by City representatives for three (3) years after final payment unless a longer period is
required by a third-party agreement. Copies shall be made available on request.
D. On the effective date of this Agreement (or shortly thereafter), the Consultant shall comply
with all federal and state laws applicable to independent contractors, including, but not limited to, the
maintenance of a separate set of books and records that reflect all items of income and expenses of the
Consultant’s business, pursuant to Revised Code of Washington (RCW) 51.08.195, as required by law, to
show that the services performed by the Consultant under this Agreement shall not give rise to an employer-
employee relationship between the parties, which is subject to Title 51 RCW, Industrial Insurance.
E. If the services rendered do not meet the requirements of the Agreement, the Consultant will
correct or modify the work to comply with the Agreement. The City may withhold payment for such work
until the work meets the requirements of the Agreement.
Page 11 of 69
City of Port Orchard and __________
Public Works Project No. _________
Professional Service Agreement Contract No. ________
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6. Discrimination and Compliance with Laws
A. The Consultant agrees not to discriminate against any employee or applicant for
employment or any other person in the performance of this Agreement because of race, creed, color,
national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or
local law or ordinance, except for a bona fide occupational qualification.
B. Even though the Consultant is an independent contractor with the authority to control and
direct the performance and details of the work authorized under this Agreement, the work must meet the
approval of the City and shall be subject to the City’s general right of inspection to secure the satisfactory
completion thereof. The Consultant agrees to comply with all federal, state and municipal laws, rules and
regulations that are now effective or become applicable within the term(s) of this Agreement to the
Consultant’s business, equipment and personnel engaged in operations covered by this Agreement or
accruing out of the performance of such operations.
C. The Consultant shall obtain a City of Port Orchard business license prior to commencing
work pursuant to a written Notice to Proceed.[NOTE: DO YOU NEED THIS? N/A?].
D. Violation of this Paragraph 6 shall be a material breach of this Agreement and grounds for
cancellation, termination, or suspension of the Agreement by the City, in whole or in part, and may result
in ineligibility for further work for the City.
7. Relationship of Parties. The parties intend that an independent contractor-client relationship will
be created by this Agreement. As the Consultant is customarily engaged in an independently established
trade which encompasses the specific service provided to the City hereunder, no agent, employee,
representative or sub-consultant of the Consultant shall be or shall be deemed to be the employee, agent,
representative or sub-consultant of the City. In the performance of the work, the Consultant is an
independent contractor with the ability to control and direct the performance and details of the work, the
City being interested only in the results obtained under this Agreement. None of the benefits provided by
the City to its employees, including but not limited to compensation, insurance, and unemployment
insurance, are available from the City to the employees, agents, representatives or sub-consultants of the
Consultant. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents,
employees, representatives and sub-consultants during the performance of this Agreement. The City may,
during the term of this Agreement, engage other independent contractors to perform the same or similar
work that the Consultant performs hereunder.
8. Suspension and Termination of Agreement
A. Termination without cause. This Agreement may be terminated by the City at any time for
public convenience, for the Consultant’s insolvency or bankruptcy, or the Consultant’s assignment for the
benefit of creditors.
B. Termination with cause. This Agreement may be terminated upon the default of the
Consultant and the failure of the Consultant to cure such default within a reasonable time after receiving
written notice of the default.
Page 12 of 69
City of Port Orchard and __________
Public Works Project No. _________
Professional Service Agreement Contract No. ________
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C. Rights Upon Termination.
1. With or Without Cause. Upon termination for any reason, all finished or unfinished
documents, reports, or other material or work of the Consultant pursuant to this Agreement shall
be submitted to the City, and the Consultant shall be entitled to just and equitable compensation for
any satisfactory work completed prior to the date of termination, not to exceed the total
compensation set forth herein. The Consultant shall not be entitled to any reallocation of cost,
profit or overhead. The Consultant shall not in any event be entitled to anticipated profit on work
not performed because of such termination. The Consultant shall use its best efforts to minimize
the compensation payable under this Agreement in the event of such termination. Upon
termination, the City may take over the work and prosecute the same to completion, by contract or
otherwise.
2. Default. If the Agreement is terminated for default, the Consultant shall not be
entitled to receive any further payments under the Agreement until all work called for has been
fully performed. Any extra cost or damage to the City resulting from such default(s) shall be
deducted from any money due or coming due to the Consultant. The Consultant shall bear any extra
expenses incurred by the City in completing the work, including all increased costs for completing
the work, and all damage sustained, or which may be sustained, by the City by reason of such
default.
D. Suspension. The City may suspend this Agreement, at its sole discretion. Any
reimbursement for expenses incurred due to the suspension shall be limited to the Consultant's reasonable
expenses, and shall be subject to verification. The Consultant shall resume performance of services under
this Agreement without delay when the suspension period ends.
E. Notice of Termination or Suspension. If delivered to the Consultant in person, termination
shall be effective immediately upon the Consultant’s receipt of the City’s written notice or such date as
stated in the City’s notice of termination, whichever is later. Notice of suspension shall be given to the
Consultant in writing upon one week's advance notice to the Consultant. Such notice shall indicate the
anticipated period of suspension. Notice may also be delivered to the Consultant at the address set forth in
Section 15 herein.
9. Standard of Care. The Consultant represents and warrants that it has the requisite training, skill
and experience necessary to provide the services under this Agreement and is appropriately accredited and
licensed by all applicable agencies and governmental entities. Services provided by the Consultant under
this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily
exercised by members of the same profession currently practicing in similar circumstances.
10. Ownership of Work Product.
A. All data, materials, reports, memoranda, and other documents developed under this
Agreement whether finished or not shall become the property of the City, shall be forwarded to the City at
its request and may be used by the City as it sees fit. Upon termination of this Agreement pursuant to
paragraph 8 above, all finished or unfinished documents, reports, or other material or work of the Consultant
pursuant to this Agreement shall be submitted to the City. Any reuse or modification of such documents,
reports or other material or work of the Consultant for purposes other than those intended by the Consultant
in its scope of services under this Agreement shall be at the City’s risk.
Page 13 of 69
City of Port Orchard and __________
Public Works Project No. _________
Professional Service Agreement Contract No. ________
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B. All written information submitted by the City to the Consultant in connection with the
services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at
least the same extent as the Consultant safeguards like information relating to its own business. If such
information is publicly available or is already in the Consultant’s possession or known to it, or is rightfully
obtained by the Consultant from third parties, the Consultant shall bear no responsibility for its disclosure,
inadvertent or otherwise. The Consultant is permitted to disclose any such information only to the extent
required by law, subpoena or other court order.
11. Work Performed at the Consultant’s Risk. The Consultant shall take all precautions necessary
and shall be responsible for the safety of its employees, agents and sub-consultants in the performance of
the work hereunder, and shall utilize all protection necessary for that purpose. All work shall be done at
the Consultant’s own risk, and the Consultant shall be responsible for any loss of or damage to materials,
tools, or other articles used or held by the Consultant for use in connection with the work.
12. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials,
employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits,
including all legal costs and attorneys’ fees, arising out of or resulting from the negligent acts, errors or
omissions of the Consultant in performance of this Agreement, except for injuries or damages caused by
the sole negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then,
in the event of liability for damages arising out of bodily injury to persons or damages to property caused
by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials,
employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the
Consultant's negligence. The provisions of this section shall survive the expiration or termination of this
Agreement.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES
OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE
MUTUALLY NEGOTIATED THIS WAIVER.
13. Insurance. The Consultant shall procure and maintain for the duration of this Agreement,
insurance against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Consultant, its agents, representatives, or
employees.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned, hired and leased
vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01
or a substitute form providing equivalent liability coverage. If necessary, the policy
shall be endorsed to provide contractual liability coverage.
Page 14 of 69
City of Port Orchard and __________
Public Works Project No. _________
Professional Service Agreement Contract No. ________
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2. Commercial General Liability insurance shall be written on ISO occurrence form CG
00 01 or a substitute form providing equivalent liability coverage and shall cover
liability arising from premises, operations, independent contractors and personal injury
and advertising injury. The City shall be named by endorsement as an additional
insured under the Consultant’s Commercial General Liability insurance policy with
respect to the work performed for the City.
3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the
State of Washington.
4. Professional Liability insurance appropriate to the Consultant’s profession.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of $1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no less than
$1,000,000 each occurrence, $2,000,000 general aggregate.
3. Workers’ Compensation Employer’s Liability each accident $1,000,000, Employer’s
Liability Disease each employee $1,000,000, and Employer’s Liability Disease –
Policy Limit $1,000,000.
4. Professional Liability insurance shall be written with limits no less than $1,000,000
per claim and $1,000,000 policy aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions for
Automobile Liability, Professional Liability (as to Sections C.2 and C.4), and Commercial
General Liability insurance:
1. The Consultant’s insurance coverage shall be primary insurance as respect the City.
Any insurance, self-insurance, or insurance pool coverage maintained by the City shall
be excess of the Consultant’s insurance and shall not contribute with it.
2. The Consultant shall provide the City with written notice of any policy cancellation,
within two business days of their receipt of such notice.
3. The City will not waive its right to subrogation against the Consultant. The
Consultant’s insurance shall be endorsed acknowledging that the City will not waive
their right to subrogation. The Consultant’s insurance shall be endorsed to waive the
right of subrogation against the City, or any self-insurance, or insurance pool coverage
maintained by the City.
Page 15 of 69
City of Port Orchard and __________
Public Works Project No. _________
Professional Service Agreement Contract No. ________
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4. If any coverage is written on a “claims made” basis, then a minimum of a three (3) year
extended reporting period shall be included with the claims made policy, and proof of
this extended reporting period provided to the City.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII.
E. Verification of Coverage
The Consultant shall furnish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured endorsement,
evidencing the insurance requirements of the Consultant before commencement of the work.
F. Limitations of Liability:
Rice Fergus Miller’s liability, whether in tort or in contract, for any cause of action shall
be limited as follows (a) for insured liabilities, to the amount of insurance then
availablerequriedrequired under this Agreement to fund any settlement, award or verdict;
(b) for uninsured liabilities to one hundred percent (100%) of the fee earned by Rice Fergus
Miller under this Agreement.
14. Assigning or Subcontracting. The Consultant shall not assign, transfer, subcontract or encumber
any rights, duties, or interests accruing from this Agreement without the express prior written consent of
the City, which consent may be withheld in the sole discretion of the City.
15. Notice. Any notices required to be given by the City to the Consultant or by the Consultant to the City
shall be in writing and delivered to the parties at the following addresses:
Robert Putaansuu
Mayor
216 Prospect Street
Port Orchard, WA 98366
Phone: 360.876.4407
Fax: 360.895.9029
CONSULTANT
___________________________
___________________________
___________________________
Phone: ________________
Fax:___________________
16. Resolution of Disputes and Governing Law.
A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions
contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the term
or provision’s true intent or meaning. The Mayor shall also decide all questions which may arise between
the parties relative to the actual services provided or to the sufficiency of the performance hereunder.
B. If any dispute arises between the City and the Consultant under any of the provisions of
this Agreement which cannot be resolved by the Mayor’s determination in a reasonable time, or if the
Consultant does not agree with the Mayor’s decision on a disputed matter, jurisdiction of any resulting
litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington.
Page 16 of 69
City of Port Orchard and __________
Public Works Project No. _________
Professional Service Agreement Contract No. ________
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C. This Agreement shall be governed by and construed in accordance with the laws of the
State of Washington. In any suit or action instituted to enforce any right granted in this Agreement, the
substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorneys’
fees from the other party.
17. General Provisions.
A. Non-waiver of Breach. The failure of either party to insist upon strict performance of any
of the covenants and agreements contained herein, or to exercise any option herein contained in one or more
instances, shall not be construed to be a waiver or relinquishment of said covenants, agreements, or options,
and the same shall be in full force and effect.
B. Modification. No waiver, alteration, modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and
the Consultant.
C. Severability. The provisions of this Agreement are declared to be severable. If any
provision of this Agreement is for any reason held by a court of competent jurisdiction to be invalid or
unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of
any other provision.
D. Entire Agreement. The written provisions of this Agreement, together with any Exhibits
attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City,
and such statements shall not be effective or be construed as entering into or forming a part of or altering
in any manner whatsoever, the Agreement or the Agreement documents. The entire agreement between
the parties with respect to the subject matter hereunder is contained in this Agreement and the Exhibits
attached hereto, which may or may not have been dated prior to the execution of this Agreement. All of
the above documents are hereby made a part of this Agreement and form the Agreement document as fully
as if the same were set forth herein. Should any language in any of the Exhibits to this Agreement conflict
with any language contained in this Agreement, then this Agreement shall prevail.
18. Title VI
The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252,
42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation
subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the
Department of Transportation issued pursuant to such Act, must affirmatively insure that its contracts
comply with these regulations.
Therefore, during the performance of this Agreement, the Consultant, for itself, its assignees, and
successors in interest agrees as follows:
1. Compliance with Regulations: The Consultant will comply with the Acts and the Regulations
relative to Nondiscrimination in Federally-assisted programs of the U.S. Department of
Page 17 of 69
City of Port Orchard and __________
Public Works Project No. _________
Professional Service Agreement Contract No. ________
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Transportation, Federal Highway Administration (FHWA), as they may be amended from time to
time, which are herein incorporated by reference and made a part of this Agreement.
2. Nondiscrimination: The Consultant, with regard to the work performed by it during this
Agreement, will not discriminate on the grounds of race, color, national origin, sex, age,
disability, income-level, or LEP in the selection and retention of subcontractors, including
procurements of materials and leases of equipment. The Consultant will not participate directly or
indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in
Appendix A, attached hereto and incorporated herein by this reference, including employment
practices when this Agreement covers any activity, project, or program set forth in Appendix B of
49 C.F.R. part 21.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all
solicitations, either by competitive bidding, or negotiation made by the Consultant for work to be
performed under a subcontract, including procurements of materials, or leases of equipment, each
potential subcontractor or supplier will be notified by the Consultant of the Consultant’s
obligations under this Agreement and the Acts and the Regulations relative to Non-discrimination
on the grounds of race, color, national origin, sex, age, disability, income-level, or LEP.
4. Information and Reports: The Consultant will provide all information and reports required by
the Acts, the Regulations and directives issued pursuant thereto and will permit access to its
books, records, accounts, other sources of information, and its facilities as may be determined by
the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and
instructions. Where any information required of the Consultant is in the exclusive possession of
another who fails or refuses to furnish the information, the Consultant will so certify to the City
or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of the Consultant’s noncompliance with the Non-
discrimination provisions of this Agreement, the City will impose such contract sanctions as it or
the FHWA may determine to be appropriate, including, but not limited to:
1. withholding payments to the Consultant under the Agreement until the contractor
complies; and/or
2. cancelling, terminating, or suspending the Agreement, in whole or in part.
6. Incorporation of Provisions: The Consultant will include the provisions of paragraphs one
through six in every subcontract, including procurements of materials and leases of equipment,
unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Consultant
will take action with respect to any subcontract or procurement as the City or the FHWA may
direct as a means of enforcing such provisions including sanctions for noncompliance. Provided,
that if the Consultant becomes involved in, or is threatened with litigation by a subcontractor, or
supplier because of such direction, the Consultant may request the City to enter into any litigation
to protect the interests of the City. In addition, the Consultant may request the United States to
enter into the litigation to protect the interests of the United States.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set forth
above.
Page 18 of 69
City of Port Orchard and __________
Public Works Project No. _________
Professional Service Agreement Contract No. ________
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CITY OF PORT ORCHARD,
WASHINGTON
By: _______________________________
Robert Putaansuu, Mayor
ATTEST/AUTHENTICATE:
By: _______________________________
Brandy Rinearson, MMC
City Clerk
APPROVED AS TO FORM:
By: _______________________________
Charlotte A. Archer, City Attorney
CONSULTANT
By: _______________________________
Name: _______________________________
Title: _______________________________
Page 19 of 69
City of Port Orchard and __________
Public Works Project No. _________
Professional Service Agreement Contract No. ________
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APPENDIX A
During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in
interest agrees to comply with the following non-discrimination statutes and authorities; including but not
limited to:
Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U .S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been
acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the
basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 C.F.R. Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U .S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 USC§ 471, Section 4 7123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs
or activities" to include all of the programs or activities of the Federal-aid recipients, sub-
recipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis
of disability in the operation of public entities, public and private transportation systems, places
of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as
implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, which ensures discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high and
adverse human health or environmental effects on minority and low-income populations;
• 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).
Page 20 of 69
SOUTH KITSAP COMMUNITY EVENTS CENTERPHASE 1 PROPOSED SCHEDULEYEAR MONTH JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MARWEEK STARTING DATE6 13 20 27 3 10 17 24 31 7 14 21 28 5 12 19 26 2 9 16 23 30 7 14 21 28 4 11 18 25 1 8 15 22 1 8 15 22 29 5 12 19 26 3 10 17 24 31 7 14 21 28 5 12 19 26 2 9 16 23 30 7 14 21 28 5 12 19 26 2 9 16 23 30 7 14 21 28 4 11 18 25 1 8 15 22 1 8 15 22 29ILATASKRFQTASKRFMPHASE1.1 PROJECT PLANNING7/21 CITY STUDY SESSION - CONTRACT AMENDMENTS7/28 CITY BUSINESS SESSION - CONTRACT APPROVAL1.2.1 PUBLIC OUTREACH & PROGRAMMING1.2.2SITE ASSESSMENT & CONCEPT PLAN12/15 CONCEPT DESIGN PRESENTATION1.4 1.2.31.2.4REVIEW KPFD FEASIBILITY REPORT1.2.5ASSESS SITE ALTERNATIVES FOR OWNERSHIP1.2.6FINAL SITE INVESTIGATION1.2.7 PRELIMINARY SCHEMATIC DESIGN COST ESTIMATESPUBLIC OUTREACH1.2.8 SCHEMATIC DESIGN2 1.2.9DESIGN MEETINGSCITY/KPFD SITE SELECTION1/12 COUNCIL MEETINGCITY/KPFD FEASIBILITYTO START ILA TASK 311ACITY/KPFD SITE SELECTION21BCITY FEASIBILITY STUDY TO START ILA TASK 3202020212022RFM PHASE 1ACONCEPTUAL DESIGNRFM PHASE 1BSCHEMATIC DESIGNMAXIMUM SCHEDULE VARIANCEPage 21 of 69
275 Fifth Street, Suite 100 Bremerton, WA 98337
(360) 377-8773 rfmarch.com
1 of 4
SOUTH KITSAP COMMUNITY EVENT CENTER
DRAFT SCOPE OF WORK PREPARED BY RFM
PRESENTED TO CITY OF PORT ORCHARD JULY 1, 2020
This document is in response to TASK 1 and TASK 2 of the “PFD ILA Third Draft (with NB and
SEC edits) 10.30.19 (2).
ILA TASK 1 + ILA TASK 2 = “PHASE 1” SCOPE OF WORK PER RFQ RFM PHASE 1A RFM PHASE 1B
· Provides road map for logical sequence of scope pieces -- site selection, programming
for space needs, and concept building design
· Identifies logical midpoint of combined consultant-supplied design services in response
to City’s desire to proceed sequentially.
· Provides the ability to explore and potentially augment space needs with beneficial
uses not currently identified in ILA.
· Tailors public outreach and acknowledges need for outreach to master plan
stakeholders
· Adds activities and deliverables desired by the City now:
o Test multiple site options (up to three) with conceptual design for suitability
and quality of outcomes at each site
o Produce one schematic design (not three) based on agreed upon space program
at selected site
o Provide Preliminary CEC Monetary Operational Feasibility Report
o Coordinate project attributes to City of Port Orchard’s consultant performing
Downtown Subarea Plan
· This draft scope does not (yet) address required deliverables for the purposes of this
discussion but assumes they are pursuant to how activities are split between RFM
Phase 1A and Phase 1B
Page 22 of 69
South Kitsap Community Center
RFM Scope of Work_DRAFT
July 2, 2020
2 of 4
RFM PHASE 1A:
CONCEPTUAL DESIGN
DEFINE THE PROJECT IN BASIC TERMS & REACH PRELIMINARY DESIGN PACKAGE
(APPROX. 15% OVERALL; APPROX 30% SCHEMATIC DESIGN)
Draft Management Plan
· Assist City to produce Draft Management Plan.
· Determine design team level of responsibility for project management; fit for City
· Discuss preliminary project budget creation and responsibility for maintenance.
· Discuss project timeline and milestone deliverables
· Determine frequency of meetings and get them scheduled ahead on calendars
Establish Goals and Objectives
· City of Port Orchard
· Kitsap Regional Library
· Kitsap Public Facilities District
· Other Key Stakeholders (KB, POB, SWG, KT, etc.)
Public Outreach & Communication
· Initiate public outreach for site attributes and for space needs
· Restart continuous communication platforms
· Get public outreach meetings scheduled ahead on calendars
Space Programming/Needs Assessment
· Conduct space & site programming
o With KRL for library
o With CH for event center
o With other identified key stakeholders (KB, COPO, etc.)
o With public and user groups via outreach
o For other uses the design team may promote
· Prepare Draft Space Programming Report
Site Analysis & Selection
· Identify approximately three sites for consideration
· Conduct factfinding: utilities, preliminary geotechnical, preliminary environmental,
zoning, shorelines, etc.
· Prepare comparison matrix: ownership, opportunities and restrictions, attributes
for CEC program, developable envelope, ability to catalyze other development,
ability to boost property values and merchant business, parking, access and
transportation, etc.
· Develop preliminary design scheme (building and site concept) in order to test
each site; describe and contrast outcomes (performance vs. goals and objectives,
layout, function, other benefits); determine preferred alternative.
Page 23 of 69
South Kitsap Community Center
RFM Scope of Work_DRAFT
July 2, 2020
3 of 4
RFM PHASE 1B:
SCHEMATIC DESIGN
FURTHER DEFINE THE PROJECT, PROVIDE PRELIMINARY OPERATIONAL
FEASIBILITY & REACH SCHEMATIC DESIGN PACKAGE (APPROX. 25% OVERALL;
xx% SCHEMATIC DESIGN)
Market Analysis, Financial Viability, and Risk Assessment
· Conduct event center analysis with market information and preliminary
operational feasibility report
· Produce COPO portion of the feasibility study report.
Public Outreach & Communication
· Continue public outreach for preferred alternative
· Maintain continuous communication platforms
Space Programming/Needs Assessment
· Review KPFD feasibility study report findings; finalize space programing as
needed.
· Verify/confirm space needs and shared use scenarios with building users and key
stakeholders.
· Provide Preliminary CEC Monetary Operational Feasibility Report
Site Analysis
· Prepare technical report to inform architectural and site design.
o Final geotechnical, final utilities capacity, preliminary storm drainage report
o Level 2 environmental, if needed
o Biological Evaluation
o Topographic Survey
o Archeological and Cultural Resources Report including inadvertent
discovery plan
· Provide shorelines mitigation and preliminary engineering report.
Property Ownership/Master Plan
· Assist City to work with public and private entities to determine ownership of the
CEC property and proposed building.
· Update proposed Master Plan (?)
· Coordinate project attributes to COPO’s consultant performing Downtown
Subarea Plan.
Schematic Design
· Based on updated program information and feedback from the public and City
Council, further develop preferred alternative preliminary design scheme (building
and site) to approximate __% schematic level
Page 24 of 69
South Kitsap Community Center
RFM Scope of Work_DRAFT
July 2, 2020
4 of 4
· Provide schematic level cost estimate and present to the City Council.
Task 2 City Council Action. City to review preferred alternative with public entities and
decide whether to accept additional $600,000 (estimated) for Task 3.
Notes:
Design Team fees support inherent management responsibilities, including meetings.
Page 25 of 69
SOUTH KITSAP COMMUNITY EVENT CENTERJULY 10, 2020FEES PER KPFD-CPO INTERLOCAL AGREEMENTILATASKRFQTASKRFMPHASECONSULTANTSPROPOSEDFEEDURATION TASKSDELIVERABLESARCHTRANSPORTATION STRUCTURAL CIVILSURVEY SHORELINEGEOTECH ENVIRONMENTALBIOLOGISTHOSPITALITY1.4 1.2.3ARCHLANDSCAPESTREETSCAPE TRANSPORTATIONSTRUCTURALCIVIL SURVEY SHORELINEGEOTECHHOSPITALITYMECHANICALELECTRICALENVIRONMENTALBIOLOGISTARCHAEOLOGICALCULTURALCOST ESTIMATING2 1.2.9$200,000PER ILA/RFQ6-9 MONTHSPROPOSED9 MONTHSCITY COUNCIL & KPFD SITE SELECTION: MARKET ANALYSIS, FINANCIAL VIABILITY & RISK ASSESSMENTCITY COUNCIL ACTION: FEASIBILITY STUDY TO START ILA TASK 3CONCEPTUAL DESIGNSCHEMATIC DESIGNPROFESSIONAL SERVICE CONTRACTDRAFT MANAGEMENT PLANPUBLIC OUTREACH REPORTSPACE PROGRAMMING REPORT(3) SITE ASSESSMENT ALTERNATIVES WITH DESIGN CONCEPT FOR EACHHIGH LEVEL TRAFFIC, GEOTECH, STRUCTURAL, SURVEY, SHORELINE, GEOTECH, ENVIRONMENTAL AND BIOLOGIST NARRATIVES FOR EACH SITE ALTERNATIVEINVESTIGATIVE REPORTS FOR SELECTED SITE: ENVIRONMENTAL ASSESSMENT PRELIM STORMWATER DRAINAGE REPORT PRELIM GEOTECH REPORT BIOLOGICAL EVALUATION TOPOGRAPHICAL SURVEY & CRITICAL AREAS SHORELINE CODE ANALYSIS ARCHAEOLOGICAL & CULTURAL RESOURCES REPORT (INCLUDING INADVERTENT DISCOVERY PLAN) UTILITIES CAPACITY EVALUATION (WATER/SEWER) TRAFFIC REPORTPRELIMINARY SCHEMATIC DESIGN CONCEPT PLANS COST ESTIMATE SPACE PROGRAMMING & PUBLIC OUTREACH REPORTSCHEMATIC DESIGN AND SITE PLANDRAFT SCOPE FOR ILA TASK 311.11.2.11.2.221.2.41.2.51.2.61.2.71.2.81A1BPROJECT PLANNINGESTABLISH GOALS AND OBJECTIVESCOORDINATE EXISTING MASTER PLANNING EFFORTSREVIEW HISTORICAL PUBLIC INPUTPUBLIC OUTREACHSPACE PROGRAMMINGNEEDS ASSESSMENTCONCEPT PLANNINGHIGH LEVEL SITE ASSESSMENTREVIEW KPFD'S FEASIBILITY REPORTPUBLIC OUTREACHSPACE PROGRAMMINGNEEDS ASSESSMENTINVESTIGATION OF SELECTED SITEPROPERTY OWNERSHIP/MASTER PLANSCHEMATIC DESIGNDETERMINE SCOPE FOR ILA TASK 3$200,000PER ILA/RFQ9-12 MONTHSPROPOSED7 MONTHSPage 26 of 69
REG ONAL CENTER NTERLOCAL AGREE ENT
Between the Kitsap Pub ic Faci t es D str ct and the C ty of Port Orchard
This REG ONAL CENTER NTERLOCAL AGREE ENT (the "Agreement") is
made pursuant to Chapter 39.34 RCW between the City of Port Orchard, a Washington
noncharter code city acting under Chapter 35A.12 RCW ("Port Orchard"), and the
Kitsap Public Facilities District, a Washington special purpose district operating under
Chapter 36.100 RCW (the "District").
WHEREAS, pursuant to RCW 36.100.030(1) and RCW 35.57.020, the District is
authorized to acquire, construct, own, remodel, maintain, equip, repair, and operate a
regional center, and pursuant to Chapter 36.100.030(2), the District may enter into
interlocal agreements with other agencies to operate such facilities. For these purposes,
"regional center" means a convention, conference, or special events center under RCW
35.57.020(1Xa), or any combination of facilities and related parking facilities, serving a
regional population constructed after July 25,1999, at cost of at least ten million dollars.
WHEREAS, pursuant to RCW 82.14.390, the District is entitled to receive certain
local sales taxes which the District may use for the development of qualifying regional
centers.
WHEREAS, the District believes it has the financial capacity to support the
development of one or more new regional centers in Kitsap County and has requested
proposals from public agencies for new regional centers in Kitsap County.
WHEREAS, Port Orchard has proposed a project (the "Project"), which qualifies
as a regional center and which is more fully described in Attachment "A" (Project
Summary), attached hereto and incorporated by reference.
WHEREAS, the District Board has completed an evaluation and review process
for seven (7) new regional centers and has initially determined to proceed with further
review for possible funding with several applicants.
WHEREAS, the District anticipates collaborating with Port Orchard on the
development of a regional center, specifically, The South Kitsap Specia! Events Center,
where the District's primary role would be to provide funding to create public benefits for
Kitsap County.
WHEREAS the District and Port Orchard are committed to undertaking their
respective tasks in the "Agreement Tasks" attached hereto as Attachment "B" and
incorporated by reference.
WHEREAS, District funding is subject to an independent financial feasibility
review prior to the issuance of any indebtedness or the long term lease, purchase, or
development of a regional facility pursuant to RCW 36.100.025.
1
Page 27 of 69
NOW, THEREFORE, in conslderatlon of the mutual obligations and benefits
herein, the parties agree as follows:
1 . The purpose and intent of this Agreement is for Port
Orchard and the District to collaborate efficiently and effectively in order for the parties
to determine the feasibility of the Project and, if feasible, construct the Project with
funds from Port Orchard in part and from the District in part.
2. Port Orchard Fund Port Orchard has requested funding in the
amount of $12,000,000.00 (Twelve Million Dollars) for the purposes more fully
described in Attachment "A" and in accordance with the phasing in Attachment "B".
3. Port Orchard Ob qat ons. Port Orchard shall undertake the m ajority of the
"Agreement Tasks", as set forth in Attachment "B". ln addition, Port Orchard shall
undertake the following :
3.1 Contract Administration. Port Orchard shall be res ponsible for all aspects
of the contract administration for the Agreement Tasks, which shall include, but not be
limited to, advertising, bidding, awarding, and monitoring the contract(s), as generally
required by any applicable RCW.
3.2 Reportinq. Port Orchard shall regularly (not less than monthly) meet with
the District to evaluate the progress of its Agreement Tasks.
3.3 Timino of Ao reement Tasks The anticipated timing of the Agreement
Tasks is set forth in Attachment "B."
3.4 Ownership of Work Product and/or lntelle ctual Propertv . IReserved]
3.5 Recognition. Port Orchard shall publicly recognize the District's
contribution to the Project in a manner to be agreed upon. The District may require
some identification of the Project as "Regional Center" or "special Event Center."
4. The District's Ob iqat ons. The Distri ct shall undertake the tasks set forth in
Attachment "B" and shall undertake the following tasks:
4.1 ontract Admin . The District shall be responsible for all aspects
on contract administration for the Market Analysis, Financial Viability, and Risk
Assessment tasks described in Attachment "B", including advertising, bidding, awarding,
and monitoring.
4.2. Fundinq. The District shall fund the tasks set forth in Attachment "B" in an
amount not to exceed $12,000,000.00 (Twelve Million Dollars). The dotlar amounts for
each task listed in Attachment B are estimates for each project phase but may be
shifted as needed, provided that funds allocated to Task 7 may not be used prior to
proceeding with Task 7. ln the event the funding remains from Tasks 1-6, these funds
2
Page 28 of 69
may be spent on subsequent tasks. ln the event the City proposes to shift or reallocate
funds to different Tasks, it shall first provide written notice to the KPFD, who shall have
a right of approval, not to be unreasonably withheld.
5. Process for Pavment.
5.1 Establishme nt of Account. Port Orchard shall establish an account
separate from any other Port Orchard account, to hold the funds deposited by the
District for the purposes of this Agreement. Funds from the District shall not be
commingled with other general accounts of Port Orchard.
5.2 Advance Deposits. The District may, but is not required to, pre-pay Port
Orchard fees for each of the Agreement Tasks and subtasks, where applicable, for the
Port Orchard contracts with the consultanUservice provider that will perform the
particular task before the tasks have been completed.
5.3 Use of Funds. The funds from the District shall sole ly be used for the
payment of invoices for the Agreement Tasks and no other purposes. Port Orchard may
not reimburse itself for any of its expenses from the funds on deposit.
5.4 Release of Funds. Port Orchard shal! onl y release funds for the
Agreement Tasks upon receipt of invoices for work performed, which work complies
with the terms and conditions of the contracts for the Agreement Tasks. Further, Port
Orchard shal! notify the District of any proposed payment for review and consent, not to
be unreasonably withheld or delayed.
5.5 lncrease in Con sultant Contract Amounts. Port Orchard will promptly
inform the District if any of the consultants/service providers inform Port Orchard that
the consultanUservice provider is proposing an increase in a contract sum. The District
shall, in its sole discretion, determine if the District's contribution to the contract sum
should be increased.
5.6 Refund of District Funds. Port Orchard shall not be required to reimburse
the District for the funds transmitted to Port Orchard that are either: (i) paid to a
consultanUservice provider; or (ii) committed to be paid to a consultanUservice provider
pursuant to a valid contract between Port Orchard and that consultanUservice provider.
Otherwise, unused funds shall be reimbursed to the District.
5.7 Final Within thirty (30) days of the completion of then
Assignment Tasks, Port Orchard shall provide a final written accounting of the District
funds.
6. Feasib li tu A ssessme Performa nce Reou irementsnt.
Cond t ons/Contin qenc es/C heckpo nts. The District and Port Orchard are
committed to funding the Project as set forth in this Agreement, subject to the
3
conditions:
following
Page 29 of 69
6.1 Mutual Determination of Feasibilitv. See Attachment "8", Task 1.
6.2. lndependent F easibilitv Review - Deo artment of Commerce .lrrespective
of the parties'determination of feasibility as set forth above in Subsection 6.1, the
District's funding commitment is subject to the statutory independent feasibility review of
RCW 36.100.025. While the parties may cooperate to coordinate the reviews
contemplated by subsections 6.1 and 6.2, those reviews may be conducted at different
times as necessary.
6.3 Availability of Funds. This Agreement is contingent upon funding from the
District. ln the event that the District's expected funding payable to Port Orchard
hereunder is withdrawn, reduced, limited, or not othenryise available after the effective
date of this Agreement, this Agreement may be terminated by either party.
6.4 Port Orchard's Performa ce of its Assiqned Tasks . District funding is
conditioned upon Port Orchard's timely completion of its Assigned Tasks including, but
not limited to, necessary property acquisition, obtaining necessary permits, and
obtaining necessary funding in addition to the funding from the District.
6.5 Adoption of Operationa! Standards. Once the parties have determined
that the Project meets applicable feasibility reviews, and before funding is committed for
construction, the parties shall adopt a supplemental lnterlocal Agreement addressing
construction review and operational standards, replacemenUreserve funding standards,
reporting obligations, and any special standards applicable only to the Project,
consistent with similar lnterlocal Agreements with other regional center partners.
6.6 Process for Termination.ln the event any of the required conditions are
not satisfied, the Agreement may be terminated, by either party delivering thirty (30)
days written notice to the other. The termination notice shall specify the date on which
the Agreement shall terminate.
7 - . The following individuals are the Project
Coordinators and official contacts for Port Orchard and the District. Any notice,
request, approval, direction, invoice, statement, or other communication which may, or
are required to be given under this Agreement, shall be in writing and shall be deemed
to have been given if hand delivered, sent by a nationally recognized overnight delivery
service, or if deposited in the U.S. mail and sent by certified mail, return receipt
requested, postage prepaid to the Project Coordinators:
For Port Orchard:Robert Putaansu, Mayor
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
Phone: 360-876 -4407
Email: rputaansuu@cityofportorchard.us
4
Page 30 of 69
For the District:Michael Walton
Executive Director
Kitsap Public Facilities District
9230 Bay Shore Drive NW, Suite 101
Silverdale, WA 98383
Phone: 360-698-1885
Ema i I : mwa lton @ kitsap-pfd. org
All notices shall be deemed complete upon actual receipt or refusal to accept delivery.
8. Neither party may assign any interest in this Agreement and
shall not transfer any interest in this Agreement without the prior written consent of the
other party.
9. lndependent Gove ments - No L abi tv. Each party is and shall remain an
independent government. This Agreement does not create a partnership or other
similar arrangement. The parties shall not be liable for the acts or omissions of the
other party or their respective public officials, employees, or agents.
10. Te rm of Aqreement. Ex cept as otherwise stated herein, the term of this
Agreement shall commence upon execution by both of the parties and shall continue
until the earlier of when all Tasks have been executed or December 31,2025. This
Agreement shatt be reasonably extended by the parties as may be necessary to
complete the Assignment Tasks, as the parties otherwise agree.
11. Amendment. No modification or amendment of this Agreement may be made
except by a written document signed by both parties.
12. Counterparts a nd E ectron c Transm ss on. This Agreement may be signed in
counterparts. Electronic transmission of any signed original document, and
retransmission of any signed electronic transmission shall be the same as delivery of an
original document.
13. Govern n o Law . This Agreement, and the right of the parties hereto, shall be
governed by and construed in accordance with the Iaws of the State of Washington, an d
the parties agree that in any such action, jurisdiction and venue shall lie exclusively in
Kitsap County, Washington.
14. No Third-Partv Benefic ar es. There are no third -party beneficiaries to this
Agreement.
15. Each party participated in this Agreement and has had this
Agreement reviewed by legal counsel. Therefore, any language herein shall not be
construed against either party on the basis of which party drafted the particular
language.
5
Page 31 of 69
16. True and Fu Va ue. Port Orchard and the District have each independently
determined as to itself that: (i) it has the authority to enter into this Agreement; and (ii)
the promises and covenants received from the other party represent "true and full value"
received by it pursuant to RCW 43.09.210.
17. . All obligations contained herein shall survive termination until fully
performed.
18. Ent re Aqreement.This Agreement, including all predicate paragraphs and
exhibits which are incorporated into this Agreement, contains all of the understandings
between the parties. Each party represents that no promises, representations, or
commitments have been made by the other as a basis for this Agreement, which have
not been reduced to writing herein. No ora! promises or representations shall be
binding upon any party whether made in the past or to be made in the future, unless
such promises or representations are reduced to writing in the form of a written
modification of this Agreement executed by both parties.
N WITNESS WHEREOF, Port Orchard and the District have executed this
Agreement as of the date last written below.
C TY OF PORT ORCHARD K TSAP PUBL C FAC L TIES D STRICT
€'qUr/*
By: Robert Pu
Its: Mayor
ansuu By: Bill Mahan
Its: Vice-Chai
Date )u Date:e(r/)zt
6
Page 32 of 69
ATTACHMENT "A"
PROJ ECT SUM MARY/DESCRI PTI ON
The City of Port Orchard proposes to construct an approximately 24,000 square foot
South Kitsap Community Events Center (SKCEC) building including adjacent site
improvements. The SKCEC will provide a central gathering place and multi-purpose
facility in downtown Port Orchard that will support a multitude of functions for local and
regional use. The facility will house our Regional Library branch and support large
events such as galas, community festivals, conferences, concerts, service group
meetings and more. The project will also support the redevelopment of the shoreline
area with pedestrian and water access. The facility will include a catering kitchen and
other amenities to support events requiring food service. The project wil! serve as a
centerpiece of a much larger redevelopment project that includes parking, office,
commercial, retail, and residential development.
7
Page 33 of 69
ATTACHMENT 668''
AGREEMENT TASKS _ COMMLTNITY EVENT CENTER (CEC)
CITY OF PORT ORCHARD _ KITSAP PUBLIC FACILITIES DISTRICT
(WITH ESTIMATED BUDGETS AND TIMING)
The following tasks shall be undertaken by, and will be the responsibility of, the City of Port
Orchard, unless otherwise noted.
Task 1. Feasibility Study. $100,000 (Task l.l -1.3 by City, Task 1.4 by KPFD) (9-12
months)
Task 1.1. City's Consultant Selection - RCW 39.80 Architectural and Engineering Services -
Request for Qualifi cations.
Deliverable 1.1. Professional services contract (phased for all tasks in this document, excluding
1.4 selection by KPFD). The District reserves the right to review and approve the City's
selection of consultants, such approval not to be unreasonably withheld.
Task 1.2. Prepare draft management plan.
Deliverable I .2.Draft Management Plan.
Task 1.3. Initiate public outreach, prepare draft concept plan and draft space programming.
Deliverable 1.3. Draft Concept Plan and Space Programming Report.
Task l.4.Market Analysis, Financial Viability, and Risk Assessment in accordance with KPFD
guidelines (KPFD to select).
Deliverable 1.4. KPFD's portion of the feasibility study report.
Task 2. Project Planning, Outreach, Design, and Cost Estimates. $300,000 (6-9 Months)
Task 2.1. Review feasibility study report findings and finalize space programing for proposed
CEC.
Deliverable 2.1. Evaluate and refine existing needs assessment and provide final programming
for CEC building.
Task 2.2. Gather information and prepare preliminary technical reports to inform architectural
and site design.
Deliverable 2.2. Phase I Environmental Assessment (and Phase 2EA, if needed), Preliminary
Stormwater Drainage Report, Preliminary Geotechnical Report, Biological Evaluation,
Topographic Survey, Archeological and Cultural Resources Report including inadvertent
discovery plan, Utilities Capacity Evaluation (water/sewer).
8
Task 2.3. Property Ownership.
Page 34 of 69
Deliverable2.3. Work with public entities to determine ownership of the CEC property and
proposed building.
Task 2.4.Development of Design Alternatives.
Deliverable2.4. Provide at least three Schematic Design (SD) alternatives and cost estimates for
each alternative, and conduct public process to review and evaluate alternatives.
Task 2.5.Develop Preferred Alternative SD.
Deliverable2.5. Based on feedback from the public and City Council and review of cost
estimates, develop a preferred alternative SD and present to the City Council.
Task 2 City Council Action. City to review preferred alternative with public entities and decide
whether to accept additional $600,000 (estimated) for Task 3.
Task 3. Prepare 600/o Design Development, Cost Estimates, and Shoreline Permit
Submittal. $600,000 (estimated) (9-12 Months)
Task 3.1. Prepare 600/o Design Development (DD) plans and Shoreline Development Phasing
Plan (SDPP).
Deliverable 3.1.60% Design Development (DD) Plans for site improvements and building,
finalize reports from Task2.2. Develop SDPP [Phase I CEC building and landscape/hardscape,
Phase 2 shoreline restoration, Phase 3 overwater structure(s)]. Finalize all technical reports.
Prepare Environmental Checklist. Prepare Traffic Impact Analysis/Parking Analysis. Prepare
complete application for Shoreline Substantial Development Permit (and Shoreline Variance if
required).
Task 3.2. Cost Estimates.
Deliverable 3.2. Consultant to provide cost estimates for completion of plans, specifications and
bid documents for three phases of project and for construction of each phase of project.
Task 3.3. Operations and Maintenance Costs and Responsibilities.
Deliverable 3.3. Determine estimated facility operating costs and tenant responsibilities. Work
with partners to identiff operational cost responsibilities.
Task 3 City Council Action: City to review plans and funding requirements with any project
partners and decide whether to accept additional $1,500,000 (estimated) for Tasks 4 and 5.
Task 4. Property Acquisition. $1,000,000 (estimated)
Task 4.1. Acquire any needed property or easements.
Deliverable 4.1. Property or easements as needed.
Task 5. Shoreline Permits, l00o Ad Ready Construction Documents (PS&E) and
Complete Applications for Development. $500,000 (estimated) (6-12 months)
I
Page 35 of 69
Task 5.1. Prepare Shoreline Substantial Development Permit (SSDP) application, submit, and
provide support.
Deliverable 5.1. Attend meetings and provide support for (SSDP) application.
Task 5.2. Prepare 100% ad ready construction documents (PS&E) for each phase of the approved
shoreline phasing plan (CEC, over water structures (such as a pier), Shoreline Restoration).
Deliverable 5.2. 100% ad ready construction documents (PS&E).
Task 5.3. Prepare complete applications for building permits, land disturbing activity permits
(LDAP), and stormwater drainage pennits (SDP). Prepare and file JARPA application.
Deliverable 5.3. Complete application submittal packages.
Task 5.4. Prepare plans for any offsite Improvements (if required under SEPA, SSDP, or as
conditions of other permit approvals).
Deliverable 5.4. Provide permit application submittal packets for offsite improvements.
Task 5 City Council Action: City to review plans and funding requirements with project
partners and decide whether to accept additional funds for Task 7. The City and its partners shall
raise the remaining funds or secure commitments for the full funding of Task 7 prior to accessing
additional KPFD funds.
Task 6. Secure Funding for Construction and Term Financing - As an alternative to the
KPFD issuing bonds to cover the remaining $9.5M commitment.
Task 6.1. KPFD commits percentage of sales tax rebate revenue sufficient to fund required debt
service coverage based on issuer's credit rating.
Deliverable 6.1. KPFD commitment of sales tax rebate revenue to satisfu bonding requirements.
Task 6.2.ldenti$z debt issuing entity.
Deliverable 6.2. City, County, or Port of Bremerton identified as debt issuer.
Task 6.3. Quantiff debt service needs and costs based on borrowing entity and structure.
Deliverable 6.3. Construction draw schedule, term debt service schedule, interest costs and other
financing costs.
Task 6.4. Define borrowing structure.
Deliverable 6.4. Define timing and borrowing amounts needed to fund construction, needed
amortization of term financing and any pledges to enhance credit of debt issuance to reduce
interest costs.
(Note: A binding commitment of sales tax rebate revenue will be necessary to quantify the
amount of debt that can be issued. This amount should be set based on estimoted required debt
service coveroge plus some allowance for changes in interest rates fro* current rates. Should
the borrower require less than the committed qmount, the commitment amount shall then be
reduced to match the final required debt service coverage.)
Task 6.5. Borrowing entity secures financing at lowest true interest cost (TIC) available in the
market.
10
Page 36 of 69
Deliverable 6.5. Borrowing entity issues debt or obtains binding commitment for debt placement.
Comment: Borrower should evaluate either public debt issuance or commitmentfrom private
purchaser.
Task 7. CEC (excludes shoreline restoration and overwater structures) Project
Management, Bid Support/Bid Award, Construction Administration/Construction
Management, A&E Support, Construction. $16,000,000 to $20,000,000 ($9,500,000 of Task
7 cost from KPFD)
Task 7.1. Project management
Deliverable 7 .1. Overall project management and oversight.
Task 7 .2. Bid support/Bid award
Deliverable 7 .2. A&E of record provides bid support (requests for information responses,
construction document amendments, bid tabulations, etc.)
Task 7 .3. Construction administration/Construction management
Deliverable 7 .3. Daily inspection reports, documentation as required, scheduling, certified
payrolls, progress billing approval, etc.)
Task 7.4. A8.E support
Deliverable 7.4. A&E of record to provide technical assistance and direction during
construction.
Task 7.5. CEC construction phase.
Deliverable 7.5. Construction contract.
Task 7.6. Miscellaneous.
Deliverables 7.6. Required connection fees, impact fees and permit fees paid. Construction
staking, surveying, materials testing, special inspections provided.
Task 8. City to Complete Shoreline Restoration and Overwater Structures (No further
KPFD involvement)
11
Page 37 of 69
1
REGIONAL CENTER INTERLOCAL AGREEMENT
First Amendment
Between the Kitsap Public Facilities District and the City of Port Orchard
This REGIONAL CENTER INTERLOCAL AGREEMENT (the "Agreement") is
made pursuant to Chapter 39.34 RCW between the City of Port Orchard, a Washington
noncharter code city acting under Chapter 35A.12 RCW ("Port Orchard"), and the
Kitsap Public Facilities District, a Washington special purpose district operating under
Chapter 36.100 RCW (the "District").
WHEREAS, pursuant to RCW 36.100.030(1) and RCW 35.57.020, the District is
authorized to acquire, construct, own, remodel, maintain, equip, repair, and operate a
regional center, and pursuant to Chapter 36.100.030(2), the District may enter into
interlocal agreements with other agencies to operate such facilities. For these purposes,
"regional center" means a convention, conference, or special events center under RCW
35.57.020(1)(a), or any combination of facilities and related parking facilities, serving a
regional population constructed after July 25, 1999, at cost of at least ten million dollars.
WHEREAS, pursuant to RCW 82.14.390, the District is entitled to receive certain
local sales taxes which the District may use for the development of qualifying regional
centers.
WHEREAS, the District believes it has the financial capacity to support the
development of one or more new regional centers in Kitsap County and has requested
proposals from public agencies for new regional centers in Kitsap County.
WHEREAS, Port Orchard has proposed a project (the "Project"), which qualifies
as a regional center and which is more fully described in Attachment "A" (Project
Summary), attached hereto and incorporated by reference.
WHEREAS, the District Board has completed an evaluation and review process
for seven (7) new regional centers and has initially determined to proceed with further
review for possible funding with several applicants.
WHEREAS, the District anticipates collaborating with Port Orchard on the
development of a regional center, specifically, The South Kitsap Special Events Center,
where the District's primary role would be to provide funding to create public benefits for
Kitsap County.
WHEREAS, the District and Port Orchard are committed to undertaking their
respective tasks in the "Agreement Tasks" attached hereto as Attachment "B" and
incorporated by reference.
WHEREAS, District funding is subject to an independent financial feasibility
review prior to the issuance of any indebtedness or the long termlong-term lease,
purchase, or development of a regional facility pursuant to RCW 36.100.025.
Page 38 of 69
2
NOW, THEREFORE, in consideration of the mutual obligations and benefits
herein, the parties agree as follows:
1. Purpose of Agreement. The purpose and intent of this Agreement is for Port
Orchard and the District to collaborate efficiently and effectively in order for the parties
to determine the feasibility of the Project and, if feasible, construct the Project with
funds from Port Orchard in part and from the District in part.
2. Port Orchard Funding Request. Port Orchard has requested funding in the
amount of $12,000,000.00 (Twelve Million Dollars) for the purposes more fully
described in Attachment "A" and in accordance with the phasing in Attachment "B".
3. Port Orchard Obligations. Port Orchard shall undertake the majority of the
"Agreement Tasks", as set forth in Attachment "B". In addition, Port Orchard shall
undertake the following:
3.1 Contract Administration. Port Orchard shall be responsible for all aspects
of the contract administration for the Agreement Tasks, which shall include, but not be
limited to, advertising, bidding, awarding, and monitoring the contract(s), as generally
required by any applicable RCW. However, all invoiced or out of pocket expenses
related to the project, except staff salary, benefits, and overhead costs, are eligible for
reimbursement. This includes but is not limited to advertising, permitting, connection
fees, testing, sub-consulting, and construction.
3.2 Reporting. Port Orchard shall regularly (not less than monthlyquarterly)
meet with the District to evaluate the progress of its Agreement Tasks. The meetings
can be held remotelyvirtually as needed, consistent with applicable Open Public
Meetings Act (OPMA) .requirements.
3.3 Timing of Agreement Tasks. The anticipated timing of the Agreement
Tasks is set forth in Attachment "B."
3.4 Ownership of Work Product and/or Intellectual Property. [Reserved]
3.5 Recognition. Port Orchard shall publicly recognize the District's
contribution to the Project in a manner to be agreed upon. The District may require
some identification of the Project as "Regional Center" or "Special Event Center."
4. The District's Obligations. The District shall undertake the tasks set forth in
Attachment "B" and shall undertake the following tasks:
4.1 Contract Administration. The District shall be responsible for all aspects
on contract administration for the Market Analysis, Financial Viability, and Risk
Assessment tasks described in Attachment "B", including advertising, bidding, awarding,
and monitoring.
4.2. Funding. The District shall fund the tasks set forth in Attachment "B" in an
Page 39 of 69
2
amount not to exceed $12,000,000.00 (Twelve Million Dollars). The dollar amounts for
each task listed in Attachment B are estimates for each project phase but may be
shifted as needed, provided that funds allocated to Task 7 may not be used prior to
proceeding with Task 7. In the event the funding remains from Tasks 1-6, these funds
Page 40 of 69
4
may be spent on subsequent tasks. In the event the City proposes to shift or reallocate
funds to different Tasks, it shall first provide written notice to the KPFD, who shall have a
right of approval, not to be unreasonably withheld.
5. Process for Payment.
5.1 Establishment of Accounting and Reporting. The City of Port
Orchard intends toon utilizeing itstheir existing accounts and fund structure to
manage this project. However, the City Port Orchard will demonstrate the
capability to shall establish an account, separately from any other Port Orchard
account and report all activity, funds and expenses related to this project, to hold
the funds deposited by the District for the purposes of this Agreement. Funds
from the District shall not be commingled with other general accounts of Port
Orchard.. All funds related to this grant will be tracked under a separate project
or account number and separately reported to the PFD.
5.2 Advance Deposits. The District agrees to provide an initial payment of
$200,000 (“Initial Payment”) towithmay, but is not required to, pre-pay Port Orchard fees
for each of the Agreement Tasks and subtasks, where applicable, for the Port Orchard
contracts with the consultant/service provider that will perform the particular task before
the tasks have been completed.cashflow purposes to allow Port Orchardthe city to begin
the project and process invoices that are consistent with the approved contract and
subtasks in a timely manner. Port OrchardThe city will follow the identified procedures,
including identifying the specific expenses funded from the Initial Payment for seeking
reimbursements for expenses in this agreement thereafter.
5.3 Use of Funds. The funds from the District shall solely be used for the
payment of invoices for the Agreement Tasks and no other purposes. Port Orchard may
not reimburse itself for salary, benefits and overhead but all other out of pocket expenses
related to the project are eligible for reimbursement any of its expenses from the funds on
deposit.
5.4 Release of Funds. Port Orchard shall only release funds for the
Agreement Tasks upon receipt of invoices for work performed, which work complies
with the terms and conditions of the contracts for the Agreement Tasks. Further, Port
Orchard shall notify the District of any proposed payment for review and consent, not to
be unreasonably withheld or delayed.
5.5 Increase in Consultant Contract Amounts. Port Orchard will promptly
inform the District if any of the consultants/service providers inform Port Orchard that
the consultant/service provider is proposing an increase in a contract sum. The District
shall, in its sole discretion, determine if the District's contribution to the contract sum
should be increased.
5.6 Refund of District Funds. Port Orchard shall not be required to reimburse
the District for the funds transmitted to Port Orchard that are either: (i) paid to a
consultant/service provider; or (ii) committed to be paid to a consultant/service provider
Page 41 of 69
5
pursuant to a valid contract between Port Orchard and that consultant/service provider.
Otherwise, unused funds shall be reimbursed to the District.
5.65.7 Port Orchard Matching Contributions Funds. Port Orchard shall keep aAlln
accounting of all staff time, Port Orchard expenses including consultant fees and Port
Orchard contributions directly related to the project. This accounting will be considered as
part of Port Orchard’sthe matching element of this project forto District funding.
5.75.8 Final Account ing. Within thirty sixty (3060) days of the completion of the
Assignment Tasks, Port Orchard shall provide a final written accounting of the District
funds.
6. Feasibility Assessment, Performance Requirements,
Conditions/Contingencies/Checkpoints. The District and Port Orchard are
committed to funding the Project as set forth in this Agreement, subject to the following
conditions:
6.1 Mutual Determination of Feasibility. See Attachment "B", Task 1.
6.2. Independent Feasibility Review - Department of Commerce. Irrespective
of the parties' determination of feasibility as set forth above in Subsection 6.1, the
District's funding commitment is subject to the statutory independent feasibility review of
RCW 36.100.025. While the parties may cooperate to coordinate the reviews
contemplated by subsections 6.1 and 6.2, those reviews may be conducted at different
times as necessary.
6.3 Availability of Funds. This Agreement is contingent upon funding from the
District. In the event that the District's expected funding payable to Port Orchard
hereunder is withdrawn, reduced, limited, or not otherwise available after the effective
date of this Agreement, this Agreement may be terminated by either party.
6.4 Port Orchard's Performance of its Assigned Tasks. District funding is
conditioned upon Port Orchard's timely completion of its Assigned Tasks including, but
not limited to, necessary property acquisition, obtaining necessary permits, and
obtaining necessary funding in addition to the funding from the District.
6.5 Adoption of Operational Standards. Once the parties have determined
that the Project meets applicable feasibility reviews, and before funding is committed for
construction, the parties shall adopt a supplemental lnterlocal Agreement addressing
construction review and operational standards, replacement/reserve funding standards,
reporting obligations, and any special standards applicable only to the Project,
consistent with similar lnterlocal Agreements with other regional center partners.
6.6 Process for Termination. In the event any of the required conditions are
Page 42 of 69
6
not satisfied, the Agreement may be terminated, by either party delivering thirty (30)
days written notice to the other. The termination notice shall specify the date on which
the Agreement shall terminate.
7. Notice and Project Coordinators. The following individuals are the Project
Coordinators and official contacts for Port Orchard and the District. Any notice,
request, approval, direction, invoice, statement, or other communication which may, or
are required to be given under this Agreement, shall be in writing and shall be deemed
to have been given if hand delivered, sent by a nationally recognized overnight delivery
service, or if deposited in the U.S. mail and sent by certified mail, return receipt
requested, postage prepaid to the Project Coordinators:
For Port Orchard: Robert Putaansuu, Mayor
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
Phone: 360-876-4407
Email: rputaansuu@cityofportorchard.us
Page 43 of 69
7
For the District: Michael Walton
Executive Director
Kitsap Public Facilities District
9230 Bay Shore Drive NW, Suite 101
Silverdale, WA 98383
Phone: 360-698-
1885
Email: mwalton@kitsap-pfd.org
All notices shall be deemed complete upon actual receipt or refusal to accept delivery.
8. Non-Assignability. Neither party may assign any interest in this Agreement and
shall not transfer any interest in this Agreement without the prior written consent of the
other party.
9. Independent Governments - No Liability. Each party is and shall remain an
independent government. This Agreement does not create a partnership or other
similar arrangement. The parties shall not be liable for the acts or omissions of the
other party or their respective public officials, employees, or agents.
10. Term of Agreement. Except as otherwise stated herein, the term of this
Agreement shall commence upon execution by both of the parties and shall
continue until the earlier of when all Tasks have been executed or December 31,
2025. This Agreement shall be reasonably extended by the parties as may be
necessary to complete the Assignment Tasks, as the parties otherwise agree.
11. Amendment. No modification or amendment of this Agreement may be
made except by a written document signed by both parties.
12. Counterparts and Electronic Transmission. This Agreement may be signed in
counterparts. Electronic transmission of any signed original document, and
retransmission of any signed electronic transmission shall be the same as delivery of an
original document.
13. Governing Law. This Agreement, and the right of the parties hereto, shall be
governed by and construed in accordance with the laws of the State of Washington,
and the parties agree that in any such action, jurisdiction and venue shall lie
exclusively in Kitsap County, Washington.
14. No Third-Party Beneficiaries. There are no third-party beneficiaries to
this Agreement.
15. Interpretation. Each party participated in this Agreement and has had this
Agreement reviewed by legal counsel. Therefore, any language herein shall not be
construed against either party on the basis of which party drafted the particular
Page 44 of 69
8
language.
16. True and Full Value. Port Orchard and the District have each independently
determined as to itself that: (i) it has the authority to enter into this Agreement; and (ii)
the promises and covenants received from the other party represent "true and full value"
received by it pursuant to RCW 43.09.210.
17. Survivability. All obligations contained herein shall survive termination until
fully performed.
18. Entire Agreement. This Agreement, including all predicate paragraphs and
exhibits which are incorporated into this Agreement, contains all of the
understandings between the parties. Each party represents that no promises,
representations, or commitments have been made by the other as a basis for this
Agreement, which have not been reduced to writing herein. No oral promises or
representations shall be binding upon any party whether made in the past or to be
made in the future, unless such promises or representations are reduced to writing
in the form of a written modification of this Agreement executed by both parties.
IN WITNESS WHEREOF, Port Orchard and the District have executed
this Agreement as of the date last written below.
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ATTACHMENT "A"
PROJECT SUMMARY/DESCRIPTION
The City of Port Orchard proposes to construct an approximately 24,000 square foot
South Kitsap Community Events Center (SKCEC) building including adjacent site
improvements. The SKCEC will provide a central gathering place and multi-purpose
facility in downtown Port Orchard that will support a multitude of functions for local and
regional use. The facility will house our Regional Library branch and support large
events such as galas, community festivals, conferences, concerts, service group
meetings and more. The project will also support the redevelopment of the shoreline
area with pedestrian and water access. The facility will include a catering kitchen and
other amenities to support events requiring food service. The project will serve as a
centerpiece of a much larger redevelopment project that includes parking, office,
commercial, retail, and residential development.
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10
ATTACHMENT "B"
AGREEMENT TASKS - COMMUNITY EVENT CENTER (CEC)
CITY OF PORT ORCHARD-KITSAP PUBLIC FACILITIES DISTRICT
(WITH ESTIMATED BUDGETS AND TIMING)
The following tasks shall be undertaken by, and will be the responsibility of, the City of Port
Orchard, unless otherwise noted.
Task 1. Feasibility StudyConsultant Selection and Contract. $100,000 (Task 1.1 -1.3 by
City, Task 1.4 by KPFD) (9-128 months (from December 2019))
Task 1.1. City's Consultant Selection - RCW 39.80 Architectural and Engineering Services -
Request for Qualifications.
Deliverable 1.1. Professional services contract. The consultant selection will be made for all
project phases. The contract will be phased as each subsequent scope of work iswill be developed
based on the results of previous tasks. (phased for all tasks in this document, excluding
1.4 selection by KPFD).The contract(s) will be approved in phases. The District reserves the right
to review and approve the City's selection of consultants, such approval not to be unreasonably
withheld.
Task 1.2. Prepare draft management plan.
Deliverable 1.2. Draft Management Plan.
Task 1.3. Initiate public outreach, prepare draft concept plan and draft space programming.
Deliverable 1.3. Draft Concept Plan and Space Programming Report.
Task 1.4. Market Analysis, Financial Viability, and Risk Assessment in accordance with KPFD
guidelines (KPFD to select).
Deliverable 1.4. KPFD's portion of the feasibility study report.
Task 2. Project Management, Planning, Outreach, Design, and Cost Estimates. $300400,000
(6-916 Months)
Task 12.21. Prepare draft management plan.
Deliverable 1.22.1. Draft Management Plan.
Task 12.32. Draft Goals and Objectives.
Deliverable 2.2. Establish written project goals and objectives for the SKCEC including
user identification.
Task 2.3. Initiate public outreach, prepare draft concept planplan, and draft space
programming. Deliverable 12.3. Draft Concept Plan and Space Programming Report.
Task 2.14. Review feasibility study report findings and finalize space programing for proposed
CECSpace Programing and Needs Assessment.
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Deliverable 2.14. Preliminary Evaluate and refine existing needs assessment and provide final
programming for CEC building.Space Programming and Needs Report.
Task 2.25. Gather information and prepare preliminary technical reports to inform architectural
and site design.Analyze sites and select preferred location.
Deliverable 2.25. Evaluate 3 sites for SKCEC construction consideration and prepare design
schemes for each site. Prepare report with alternatives for City Council decision on site
selection.
Task 2.6. Prepare Market Analysis, Financial Viability, and Risk Assessment for preferred site.
Deliverable 2.67. Feasibility Report.
Task 2.7. Perform additional public outreach for preferred alternative.
Deliverable 2.7. Summary of public input.
Task 2.8. Finalize Space Programming and Needs Assessment.
Deliverable 2.8. Provide preliminary SKCEC monetary operational feasibility report and final
space programing report.
Task 2.9. Preferred Alternative Site Analysis.
Deliverable 2.9. Prepare technical report(s) to inform architectural and site design. This may
include (depending on site selection) a geotechnical report, phase 2 environmental assessment,
biological evaluation, topographic survey, archeological and cultural resources report, and
shorelines mitigation and engineering report.
Task 2.10. Property Ownership/Master Plan.
Deliverable 2.10. Provide information to City consultant concerning downtown master plan.
Assist the City to determine SKCEC property and building ownership.
Phase 1 Environmental Assessment (and Phase 2 EA, if needed), Preliminary Stormwater
Drainage Report, Preliminary Geotechnical Report, Biological Evaluation, Topographic Survey,
Archeological and Cultural Resources Report including inadvertent discovery plan, Utilities
Capacity Evaluation (water/sewer).
Task 2.311. Property Ownership.Schematic Design.
Deliverable 2.11. Provide preliminary schematic design to 25%. Prepare project cost estimates and
scope of work for subsequent task(s).
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Deliverable 2.3. Work with public entities to determine ownership of the CEC property and
proposed building.
Task 2.4. Development of Design Alternatives.
Deliverable 2.4. Provide at least three Schematic Design (SD) alternatives and cost estimates for
each alternative, and conduct public process to review and evaluate alternatives.
Task 2.5. Develop Preferred Alternative SD.
Deliverable 2.5. Based on feedback from the public and City Council and review of cost
estimates, develop a preferred alternative SD and present to the City Council.
Task 2 2.12. City Council Action. City to review preferred alternative with public entitiesall
deliverables and decide whether to accept additional $600,000 (estimated) for Task 3.
Task 3. Prepare 60% Design Development, Cost Estimates, and Shoreline Permit
Submittal. $600,000 (estimated) (9-12 Months)
Task 3.1. Prepare 60% Design Development (DD) plans and Shoreline Development Phasing
Plan (SDPP).
Deliverable 3.1. 60% Design Development (DD) Plans for site improvements and building,
finalize reports from Task 2.2. Develop SDPP [Phase 1 CEC building and landscape/hardscape,
Phase 2 shoreline restoration, Phase 3 overwater structure(s)]. Finalize all technical reports.
Prepare Environmental Checklist. Prepare Traffic Impact Analysis/Parking Analysis. Prepare
complete application for Shoreline Substantial Development Permit (and Shoreline Variance if
required).
Task 3.2. Cost Estimates.
Deliverable 3.2. Consultant to provide cost estimates for completion of plans, specifications and
bid documents for three phases of project and for construction of each phase of project.
Task 3.3. Operations and Maintenance Costs and Responsibilities.
Deliverable 3.3. Determine estimated facility operating costs and tenant responsibilities. Work
with partners to identify operational cost responsibilities.
Task 3 City Council Action: City to review plans and funding requirements with any project
partners and decide whether to accept additional $1,500,000 (estimated) for Tasks 4 and 5.
Task 4. Property Acquisition. $1,000,000 (estimated)
Task 4.1. Acquire any needed property or easements. Deliverable
4.1. Property or easements as needed.
Task 5. Shoreline Permits, 100% Ad Ready Construction Documents (PS&E) and
Complete Applications for Development. $500,000 (estimated) (6-12 months)
Task 5.1. Prepare Shoreline Substantial Development Permit (SSDP) application, submit, and
provide support.
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Deliverable 5.1. Attend meetings and provide support for (SSDP) application.
Task 5.2. Prepare 100% ad ready construction documents (PS&E) for each phase of the approved
shoreline phasing plan (CEC, over water structures (such as a pier), Shoreline Restoration).
Deliverable 5.2. 100% ad ready construction documents (PS&E).
Task 5.3. Prepare complete applications for building permits, land disturbing activity permits
(LDAP), and stormwater drainage permits (SDP). Prepare and file JARPA application.
Deliverable 5.3. Complete application submittal packages.
Task 5.4. Prepare plans for any offsite Improvements (if required under SEPA, SSDP, or as
conditions of other permit approvals).
Deliverable 5.4. Provide permit application submittal packets for offsite improvements.
Task 5 City Council Action: City to review plans and funding requirements with project
partners and decide whether to accept additional funds for Task 7. The City and its partners shall
raise the remaining funds or secure commitments for the full funding of Task 7 prior to accessing
additional KPFD funds.
Task 6. Secure Funding for Construction and Term Financing - As an alternative to the
KPFD issuing bonds to cover the remaining $9.SM commitment.
Task 6.1. KPFD commits percentage of sales tax rebate revenue sufficient to fund required debt
service coverage based on issuer's credit rating.
Deliverable 6.1. KPFD commitment of sales tax rebate revenue to satisfy bonding requirements.
Task 6.2. Identify debt issuing entity.
Deliverable 6.2. City, County, or Port of Bremerton identified as debt issuer.
Task 6.3. Quantify debt service needs and costs based on borrowing entity and structure.
Deliverable 6.3. Construction draw schedule, term debt service schedule, interest costs and other
financing costs.
Task 6.4. Define borrowing structure.
Deliverable 6.4. Define timing and borrowing amounts needed to fund construction, needed
amortization of term financing and any pledges to enhance credit of debt issuance to reduce
interest costs.
(Note: A binding commitment of sales tax rebate revenue will be necessary to quantify the amount
of debt that can be issued. This amount should be set based on estimated required debt service
coverage plus some allowance for changes in interest rates from current rates. Should the borrower
require less than the committed amount, the commitment amount shall then be reduced to match the
final required debt service coverage.)
Task 6.5. Borrowing entity secures financing at lowest true interest cost (TIC) available in the
market.
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Deliverable 6.5. Borrowing entity issues debt or obtains binding commitment for debt placement.
Comment: Borrower should evaluate either public debt issuance or commitment from private
purchaser.
Task 7. CEC (excludes shoreline restoration and overwater structures) Project
Management, Bid Support/Bid Award, Construction Administration/Construction
Management, A&E Support, Construction. $16,000,000 to $20,000,000 ($9,500,000 of Task
7 cost from KPFD)
Task 7.1. Project management
Deliverable 7.1. Overall project management and oversight.
Task 7.2. Bid support/Bid award
Deliverable 7.2. A&E of record provides bid support (requests for information responses,
construction document amendments, bid tabulations, etc.)
Task 7.3. Construction administration/Construction management
Deliverable 7.3. Daily inspection reports, documentation as required, scheduling, certified
payrolls, progress billing approval, etc.)
Task 7.4. A&E support
Deliverable 7.4. A&E of record to provide technical assistance and direction during
construction.
Task 7.5. CEC construction phase.
Deliverable 7.5. Construction contract.
Task 7.6. Miscellaneous.
Deliverables 7.6. Required connection fees, impact fees and permit fees paid. Construction
staking, surveying, materials testing, special inspections provided.
Task 8. City to Complete Shoreline Restoration and Overwater Structures (No further
KPFD involvement)
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City of Port Orchard
Work Study Session Executive Summary
Issue Title: Kitsap Transit SR-16 Park and Ride Study
Meeting Date: July 21, 2020
Time Required: 25 minutes
Attendees: Nick Bond, Ed Coviello, Sandy Glover, Steffani Lillie
Action Requested At This Meeting: After presentation by Kitsap Transit, discuss alternatives
and provide feedback or Council preference.
Issue: Kitsap Transit has prepared a SR-16 Park and Ride Study that has evaluated possible
sites for future Kitsap Transit park and ride facilities. The study has narrowed down the
possible sites to two different options, one on Old Clifton Road and one near the
intersection of Sidney and Sedgwick. Kitsap Transit is seeking to detail the process that was
followed to narrow the options down to the final candidates, and is asking for City Council
feedback on these two options.
Attachments: Kitsap Transit presentation slides.
Page 52 of 69
SR 16 Park and Ride Study
PRESENTATION TO
PORT ORCHARD CITY COUNCIL
July 21, 2020
Page 53 of 69
PARK AND RIDE STUDY
•Kitsap Transit is
conducting a study to
identify a park and ride
location along SR 16.
•Study limits are from the
county line to the
Tremont area, within
one-half mile of the four
interchanges.
SR 16
Page 54 of 69
DENSITY OF WORKERS
•Kitsap Transit is
conducting a study to
identify a ark and ride
location along SR 16.
•Study limits are from the
county line to the
Tremont area, within
one-half mile of the four
interchanges.
SR 16
Page 55 of 69
PROJECT PRIORITY
•Intercept single-occupancy vehicle (SOVs)
to reduce congestion in:
−Gorst area
−Downtown Bremerton
−Downtown Port Orchard
•While considering:
−Transit operations and site accessibility
−Southworth fast ferry access
Page 56 of 69
STAKEHOLDERS
•City of Bremerton
•City of Port Orchard
•Kitsap County
•Kitsap Public Health
•WSDOT
•Puget Sound Naval Shipyard
•Suquamish Tribe
Page 57 of 69
EVALUATION CRITERIA
•Within half mile of SR 16
interchange
•Ease of development and
acquisition
•Site value •Potential for expansion
•Site size •Cost
•Visibility and accessibility •Parking demand/ draw
•Transit operations •Served by existing bus routes
•Traffic operations •Safety
•Sensitive lands/
topographic constraints
•Transit -oriented
development opportunities
•Zoning
•Meet principles of the
Growth Management Act
Page 58 of 69
EVALUATION AND SCREENING
Three Screens with
increasing detail have
been conducted:
•Fatal Flaw
•Level 1
•Level 2 (shown)
http://parametrix.maps.arcgis.com/apps/MapSeries/in
dex.html?appid=09f23b184dfc4bb8b276dd9d7a0b44
23 Page 59 of 69
FOUR SITES FOR LEVEL 3 SCREEN
Page 60 of 69
EVALUATION OF FOUR SITES
Page 61 of 69
REMAINING TWO SITES – OPTION 1 (SITE 2)
Page 62 of 69
REMAINING TWO SITES – OPTION 2 (SITE 9)
Page 63 of 69
MAJOR DIFFERENCES
Option 1 (Site 2) Old Clifton/ Lloyd
Pkwy
Option 2 (Site 9) Sidney/ North of
Sedgwick
Somewhat better ridership draw for Gorst/
Bremerton/ Port Orchard destinations. Less
area congestion.
Somewhat better draw for Southworth
Destinations. More area congestion.
Adjacent to Work Release facility, industrial
zone, less eyes on site, no opportunity for
transit-oriented development.
More adjacent developments, more eyes on
site, opportunity for transit-oriented
development.
Shared purpose: use of park and ride and
capping of landfill.
Shared purpose: proposed park and ride
design aligns with Ruby Creek Sub Area Plan.
Opportunity to partner on public open space,
and evening and weekend parking for
residential/ retail.
Schedule may be longer if coordination with
DOE is required for landfill capping.
Schedule match with Ruby Creek Sub Area
Plan
Property use could be long-term lease.
Retaining walls needed. There is room for a
stormwater pond
Requires the purchase of three properties.
Additional property will be needed for buffer
mitigation. Stormwater vault required, no room
for pond. Page 64 of 69
ONLINE OPEN HOUSE
www.sr16parkandride.com
Open until July 22.
Page 65 of 69
NEXT STEPS
−2020 Preferred alternative, conceptual design.
−2021 Preliminary Engineering and Environmental
Evaluation.
−2022 Right of way Purchase and Final Design.
−2023 Construction Complete - Goal
Page 66 of 69
•Questions?
Page 67 of 69
City of Port Orchard
Work Study Session Executive Summary
Issue Title: Council 2021-2022 Budget Kickoff
Meeting Date: July 21, 2020
Time Required: 30 minutes
Presenter: Noah Crocker, Finance Director
Action Requested At This Meeting: Provide discussion and direction regarding the proposed
financial policies and Council Goals.
Issue: 2021-2022 Budget Kick-off
Background: The Council held a retreat in February 2020 and was presented briefing’s by each
department. The Council did not have enough time to discuss goals and priorities for the next
biennial budget and requested another follow up half day retreat. Due to COVID-19 the
follow up meeting was unable to be scheduled. This discussion is intended to receive council
feedback on policy issues guiding the 2021-2022 biennial budget.
In an effort to start the budget process the Council was provided the 2021-2022 Budget
Calendar at the 07.14.2020 meeting.
Tonight’s meeting is a follow up to discuss the following:
1) Financial Policy Proposal
a. Working Capital Policy
b. Stabilization Policy
2) Council Goal’s for the 2021-2022 Biennium
Objectives:
At the conclusion of this agenda topic the following will be accomplished:
1) Council direction on the Financial Policies to incorporate into the 2021-2022 Budget.
2) Direction on Council Goal’s for the 2021-2022 Budget.
Alternatives: N/A
Recommendation: Staff recommends discussion of the 2021-2022 budget kick-off.
Page 68 of 69
Executive Summary
Page 2 of 2
Relationship to Comprehensive Plan: N/A
Attachments: To be provided prior to meeting:
1) Financial Policies Draft Language
2) Previous Council Goals
3) Drafted Council Goals for 2021-2022
Follow-up Notes & Outcomes:
Page 69 of 69