07/28/2020 - Regular - Packet
City of Port Orchard Council Meeting Agenda
July 28, 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/86954740258
Zoom Meeting ID: 869 5474 0258
Zoom Call-In: 1 253 215 8782
1. CALL TO ORDER
A. Pledge of Allegiance
2. APPROVAL OF AGENDA
3. CITIZENS COMMENTS
(Please limit your comments to 3 minutes for items listed on the Agenda and that are not for a
Public Hearing. When recognized by the Mayor, please state your name for the official record)
4. CONSENT AGENDA
(Approval of Consent Agenda passes all routine items listed below, which have been distributed
to each Councilmember for reading and study. Consent Agenda items are not considered
separately unless a Councilmember so requests. In the event of such a request, the item is
returned to Business Items.)
A. Approval of Vouchers and Electronic Payments
B. Approval of Payroll and Direct Deposits
C. Approval of the July 14, 2020, Council Meeting Minutes Page 3
5. PRESENTATION
6. PUBLIC HEARING
7. BUSINESS ITEMS
A. Approval of Amendment No. 1 to Contract No. 082-19 with the Kitsap
Public Facilities District for the South Kitsap Community Event Center
(Bond) Page 9
B. Adoption of a Resolution Approving a Contract with Rice Fergus Miller
for the South Kitsap Community Event Center (Bond) Page 33
C. Adoption of an Ordinance Authorizing an Additional Building Inspector
Position (Bond) Page 53
D. Adoption of an Ordinance Approving a Revision to the Corporate
Boundary of the City of Port Orchard Near the Intersection of Anderson
Hill Road and Old Clifton Road (Bond) Page 57
Mayor:
Rob Putaansuu
Administrative Official
Councilmembers:
Bek Ashby
Finance Committee
Economic Development & Tourism Committee
Transportation Committee, Chair
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
Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned.
The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required.
Meeting materials are available on the City’s website at: www.cityofportorchard.us or by contacting the City Clerk’s office at (360) 876-4407.
The City of Port Orchard does not discriminate on the basis of disability. Contact the City Clerk’s office should you need special accommodations.
July 28, 2020, Meeting Agenda Page 2 of 2
E. Adoption of an Ordinance Ratifying Use of Video Conferencing and Telephonic Meetings, and
Amending POMC Chapter 2.04.010, Meeting Place (Archer) Page 63
F. Adoption of an Ordinance Ratifying Proclamation and Emergency Order Suspending POMC Chapter
6.20 Prohibiting Single-Use Plastic Bags (Archer) Page 69
G. Adoption of a Resolution Approving Amendment No. 3 to Contract No. 054-18 with RH2 Engineering,
Inc. for the 80% Marina Pump Station Rebuild Project and Documenting Procurement Procedures
(Dorsey) Page 75
H. Adoption of a Resolution Approving a Contract with Goldsmith Land Development Services, Inc. for the
McCormick Ridge Dam Safety Upgrade Project (Dorsey) Page 97
I. Adoption of a Resolution Approving a Contract with Terra Associates, Inc. for Geotechnical Assessment
of the McCormick Ridge Dam Safety Upgrade Project (Dorsey) Page 123
J. Adoption of a Resolution Approving the Award of the Low Bidder and Authorize the Mayor to Execute
an Agreement for the City’s Official Newspaper (Rinearson) Page 145
8. DISCUSSION ITEMS (No Action to be Taken)
9. REPORTS OF COUNCIL COMMITTEES
10. REPORT OF MAYOR
11. REPORT OF DEPARTMENT HEADS
12. CITIZEN COMMENTS
(Please limit your comments to 3 minutes for any items not up for Public Hearing. When recognized by the Mayor, please state
your name for the official record)
13. EXECUTIVE SESSION: Pursuant to RCW 42.30.110, the City Council may hold an executive session. The topic(s) and the
session duration will be announced prior to the executive session.
14. ADJOURNMENT
COMMITTEE MEETINGS Date & Time Location
Finance August 11, 2020; 5:00pm - 2nd
Tuesday of each month
Remote Access
Economic Development and Tourism August 10, 2020; 9:30am - 2nd
Monday of each month
Remote Access
Utilities August 18, 2020; 5:00pm - 3rd
Tuesday of each month
Remote Access
Sewer Advisory September 16, 2020; 6:30pm TBD
Land Use August 3, 2020; 9:30am - 1st Monday
of each month
Remote Access
Transportation August 17, 2020; 9:30am Remote Access
Lodging Tax Advisory October, 2020 TBD
Festival of Chimes & Lights August 17, 2020; 3:30pm - 3rd
Monday of each month
Remote Access
Outside Agency Committees Varies Varies
CITY COUNCIL GOOD OF THE ORDER
City of Port Orchard
Council Meeting Minutes
Regular Meeting of July 14, 2020
1. CALL TO ORDER AND ROLL CALL
Mayor Putaansuu called the meeting to order at 6:30 p.m.
Roll call was taken by the City Clerk as follows:
Councilmember Ashby Present via Remote Access
Councilmember Chang Present via Remote Access
Councilmember Clauson Present via Remote Access
Councilmember Cucciardi Present via Remote Access
Councilmember Diener Present via Remote Access
Councilmember Lucarelli Present via Remote Access
Mayor Pro-Tem Rosapepe Present via Remote Access
Mayor Putaansuu Present via Remote Access
Staff present via Remote Access: Public Works Director Dorsey, Finance Director Crocker, Community
Development Director Bond, City Attorney Archer, Police Chief Brown, and City Clerk Rinearson.
Mayor Putaansuu stated pursuant to the Governor’s Stay at Home, Stay Safe order, the City Council
will be conducting the meeting via Zoom this evening.
A. PLEDGE OF ALLEGIANCE
Mayor Putaansuu led the audience and Council in the Pledge of Allegiance.
2. APPROVAL OF AGENDA
MOTION: By Councilmember Ashby, seconded by Councilmember Lucarelli, to add to the agenda an
executive session directly after the first citizen comments.
The motion carried.
MOTION: By Councilmember Clauson, seconded by Councilmember Rosapepe, to approve the
agenda as modified.
The motion carried.
3. CITIZENS COMMENTS
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Minutes of July 14, 2020
Page 2 of 5
Matt Murphy, Port Orchard Chamber of Commerce, commended the City and Councilmembers on
the efforts they made with CARES and distributing PPE’s. Also, the grant program on tonight’s agenda
will be appreciated by the public and he spoke to the application process.
At 6:36 p.m., Mayor Putaansuu recessed the meeting for a 15-minute executive session to discuss
ongoing and potential litigation pursuant to RCW 42.30.110(1)(i). City Attorney Archer, Community
Development Director Bond, Public Works Director Dorsey, Finance Director Crocker, City Clerk
Rinearson, and Police Chief Brown, were invited to attend and Mayor Putaansuu announced action
will follow.
At 6:51 p.m., Mayor Putaansuu extended the executive session for an additional 5 minutes.
At 6:56 p.m., Mayor Putaansuu reconvened the meeting back into regular session.
4. CONSENT AGENDA
A. Approval of Voucher Nos. 79881 through 79974 and 79979 through 80053, including bank drafts
in the amount of $1,878,259.12 and EFT’s in the amount of $4,631.65 totaling $1,882,890.77
B. Approval of Payroll Check Nos. 79872 through 79880 and 79975 through 79978 including bank
drafts and EFT’s in the amount of $393,819.28; and Direct Deposits in the amount of $365,429.02
totaling $759,248.30.
C. Adoption of an Ordinance Amending Port Orchard Municipal Code Chapter 10.12 Establishing
Regulations and Fees Related to Parking, Stopping or Standing in Certain Areas of the City
(Ordinance No. 016-20)
D. Approval of a Contract with the Kitsap County Sherriff’s Office for Facility Use of the City’s
Firearms Range (Contract No. 062-20)
MOTION: By Councilmember Diener, seconded by Councilmember Lucarelli, to approve the consent
agenda.
The motion carried.
5. PRESENTATION
There were no presentations.
6. PUBLIC HEARING
There were no public hearings.
7. BUSINESS ITEMS
A. Adoption of an Ordinance Revising the City’s Comprehensive Plan
MOTION: By Councilmember Lucarelli, seconded by Councilmember Diener, to adopt an ordinance
revising the City’s Comprehensive Plan, as presented.
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Minutes of July 14, 2020
Page 3 of 5
The motion carried.
(Ordinance No. 015-20)
B. Adoption of a Resolution Establishing Port Orchard CARES, a Small Business Relief Grant
Program
MOTION: By Councilmember Diener, seconded by Councilmember Rosapepe, to adopt a Resolution
establishing the Port Orchard Cares, Small Business Relief Grant Program, and authorizing the Mayor
to implement the Program as noted in the red-line version that we just viewed live on screen.
The motion carried.
(Resolution No. 029-20)
C. Approval of an Agreement with Kitsap Economic Development Alliance (KEDA) for the
Administration of the Port Orchard CARES, Small Business Relief Grant Program
MOTION: By Councilmember Cucciardi, seconded by Councilmember Clauson, to authorize the
Mayor to execute the agreement between the City and the Kitsap Economic Development Alliance
for the administration of the Port Orchard Cares, Small Business Relief Grant Program.
The motion carried.
(Agreement No. 063-20)
D. Approve and Ratify the Mayor’s Extension of Proclamation of Local Emergency Pursuant to
RCW 38.52.070
MOTION: By Councilmember Rosapepe, seconded by Councilmember Diener, to approve of and ratify
the Mayor’s Extension of the Proclamation of Local Emergency, dated the 16th of June 2020, pursuant
to RCW 38.52.070.
The motion carried.
E. Approval of the June 16, 2020, Council Work Study Session Meeting Minutes
MOTION: By Councilmember Clauson, seconded by Councilmember Chang, to approve the minutes.
The motion carried. Councilmembers Cucciardi and Diener abstained.
F. Approval of the June 23, 2020, Council Meeting Minutes
MOTION: By Councilmember Clauson, seconded by Councilmember Lucarelli, to approve the Council
minutes of June 23rd.
The motion carried. Councilmember Diener abstained.
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Minutes of July 14, 2020
Page 4 of 5
8. DISCUSSION ITEMS (No Action to be Taken)
A. Budget Schedule and Policies
Finance Director Crocker explained the 2020 calendar for preparation and adoption of the 2021-2022
biennial budget which included future discussion dates, and June through November monthly
preparation items.
Mayor Putaansuu, Council, and staff continued the discussion which included reserve balances,
communication, street preservation and maintenance priority in budget, Council goals, and sewer
connections.
Additionally, Mr. Crocker provided an explanation of the COVID-19 CARES funding budget as of July
10, 2020, which included revenues, expenditures, and detailed breakdowns of supplies and services.
Mayor Putaansuu, Council, and staff continued the discussion which included questions about
employee laptops and computers, teleworking, employee safety, work product, and Laserfiche
software.
B. Police Department Update
Police Chief Brown shared updates on the Port Orchard police department which included shared
vision and values, crime and fear of crime, transparency, commitment to the community, policy
delivery system, clarifying roles within the department, paperless case files, promotion of 2
employees, schedule changes, training, Community Advisory board, navigator program, and school
resource officer program.
9. REPORTS OF COUNCIL COMMITTEES
Councilmember Clauson reported on the July 14, 2020, Finance Committee meeting.
Councilmember Cucciardi reported on the July 13, 2020, Economic Development and Tourism
Committee meeting.
Mayor Putaansuu reported the Utilities Committee will meet next week [July 21, 2020]. The Sewer
Advisory Committee will meet in September [September 16, 2020].
Councilmember Chang reported on the July 6, 2020, Land Use Committee meeting.
Mayor Putaansuu said there have been several people wanting to donate benches. We are trying to
develop a policy for art donations.
Councilmember Lucarelli reported the Festival of Chimes and Lights is scheduled to meet next week
[July 20, 2020].
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Minutes of July 14, 2020
Page 5 of 5
Councilmember Ashby reported on KRCC [Kitsap Regional Coordinating Council], Peninsula Regional
Transportation Planning Organization, and PSRC [Puget Sound Regional Council].
Mayor Putaansuu reported on the Public Health Board and Housing Kitsap.
10. REPORT OF MAYOR
The Mayor reported on the following:
• Employment descriptions;
• Population estimates;
• Events and festival cancellations;
• Planning Commission attendance;
• Councilmember and employee training;
• Race Equity Committee;
• Building Inspector;
• Community Center updates;
• Website updates;
• Port of Bremerton and lobbyist meeting; and
• Kitsap Transit facemasks.
11. REPORT OF DEPARTMENT HEADS
Community Development Director Bond reported on projects, activities, and growth within the City.
City Attorney Archer reported the Open Public Meetings Act proclamation has been extended until
August 1st.
12. CITIZEN COMMENTS
There were no citizen comments.
13. EXECUTIVE SESSION
14. ADJOURNMENT
The meeting adjourned at 8:43 p.m. No other action was taken. Audio/Visual was successful.
Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor
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City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Business Item 7A Meeting Date: July 28, 2020
Subject: Approval of Amendment No. 1 to Contract Prepared by: Nicholas Bond, AICP
No. 082-19 with the Kitsap Public Facilities DCD Director
District for the South Kitsap Community Atty Routing No.: N/A
Events Center Atty Review Date: N/A
Summary: In late 2019, the City of Port Orchard entered in to an interlocal agreement with the Kitsap Public
Facilities District (KPFD). Under this agreement, the City would receive funding for the design and
construction of a Community Events Center. Pursuant to the terms of that agreement, the City was to hire an
architect to plan and design this facility. At tonight’s meeting under a separate agenda item, the City Council
is asked to approve a contract with Rice Fergus Miller (RFM) for the first phase of this work. After selecting
RFM, the City negotiated a scope and fee for the planning and conception design work for the building, with
the intent of selecting a preferred project location. The recommendation of RFM and the proposed scope
required some minor amendments to the interlocal agreement, to ensure consistency between the scopes of
work in each contract. In addition, the Finance Department has requested some changes related to the
administration of the interlocal agreement, including but not limited to receiving some of the KPFD funding
up front to help cash flow the design contract. The proposed amended interlocal agreement is attached to
this staff report.
Relationship to Comprehensive Plan: N/A
Recommendation: Staff recommends that the City Council authorize the Mayor to execute an amended
interlocal agreement with the Kitsap Public Facilities District.
Motion for consideration: “I move to authorize the Mayor to execute an amended interlocal agreement
with the Kitsap Public Facilities District, as presented.”
Fiscal Impact: The proposed amendments do not alter the original grant award amount but would provide
some funding up front to help cash flow the contract with RFM.
Alternatives: Do not authorize the mayor to execute an amended interlocal agreement with the KPFD.
Attachments: Amendment No. 1 and Contract No. 082-19 with KPFD.
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1
FIRST AMENDED
REGIONAL CENTER INTERLOCAL AGREEMENT
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-term lease, purchase, or
development of a regional facility pursuant to RCW 36.100.025.
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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, and has been
awarded by the District, 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 "Agreement Tasks",
as set forth in Attachment "B", except for those assigned to the District in the attachment
or this Agreement. 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 quarterly) meet with
the District to evaluate the progress of its Agreement Tasks. The meetings can be held
remotely 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 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 (Task 6), 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
amount not to exceed $12,000,000.00 (Twelve Million Dollars). The dollar amounts for each
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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 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 Accounting and Reporting. Port Orchard intends to utilize its existing
accounts and fund structure to manage this project. However, Port Orchard will
demonstrate the capability to separately account and report all activity, funds and
expenses related to this project. 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”) to Port Orchard for cashflow purposes to allow Port Orchard to
begin the project and process invoices that are consistent with the approved contract and
subtasks in a timely manner. Port Orchard will follow the identified procedures, 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.
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
promptly, 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
pursuant to a valid contract between Port Orchard and that consultant/service provider.
Otherwise, unused funds shall be reimbursed to the District.
5.7 Port Orchard Matching Contributions. All accounting of staff time, Port Orchard
expenses including consultant fees and Port Orchard contributions directly related to the
project will be considered as part of the matching element of this project for District funding.
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5.8 Final Accounting. Within sixty (60) 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 (as measured by the deadlines set out in
Attachment “B”) 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 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:
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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
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
may 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.
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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 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.
CITY OF PORT ORCHARD
_________________________________
By: Robert Putaansuu
Its: Mayor
Date: _____________
KITSAP PUBLIC FACILITIES DISTRICT
_________________________________
By: Daron Jagodzinske
Its: Chair
Date: _____________
ATTEST:
_________________________________
By:______________________________
APPROVED AS TO FORM:
_________________________________
Brian E. Lawler, District Legal Counsel
Page 16 of 150
7
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.
Page 17 of 150
8
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. Consultant Selection and Contract. $0 (8 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 is developed based on the
results of previous tasks. 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 2. Project Management, Planning, Outreach, Design, and Cost Estimates. $400,000 (16
Months)
Task 2.1. Prepare draft management plan. Deliverable
2.1. Draft Management Plan.
Task 2.2. 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 plan, and draft space programming.
Deliverable 2.3. Draft Concept Plan and Space Programming Report.
Task 2.4. Space Programing and Needs Assessment.
Deliverable 2.4. Preliminary Space Programming and Needs Report.
Task 2.5. Analyze sites and select preferred location.
Deliverable 2.5. 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 2.6. Feasibility Report.
Task 2.7. Perform additional public outreach for preferred alternative.
Deliverable 2.7. Summary of public input.
Page 18 of 150
9
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.
Task 2.11. Schematic Design.
Deliverable 2.11. Provide preliminary schematic design to 25%. Prepare project cost estimates and
scope of work for subsequent task(s).
Task 2.12. City Council Action. City to review all 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.
Page 19 of 150
10
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.
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. Market Analysis, Financial Viability, and Risk Assessment in accordance with
KPFD guidelines (KPFD to select).
Deliverable 6. KPFD's portion of the feasibility study report.
Task 7. Secure Funding for Construction and Term Financing - As an alternative to the
KPFD issuing bonds to cover the remaining $9.SM commitment.
Task 7.1. KPFD commits percentage of sales tax rebate revenue sufficient to fund required debt
service coverage based on issuer's credit rating.
Deliverable 7.1. KPFD commitment of sales tax rebate revenue to satisfy bonding requirements.
Task 7.2. Identify debt issuing entity.
Deliverable 7.2. City, County, or Port of Bremerton identified as debt issuer.
Task 7.3. Quantify debt service needs and costs based on borrowing entity and structure.
Deliverable 7.3. Construction draw schedule, term debt service schedule, interest costs and other
financing costs.
Task 7.4. Define borrowing structure.
Deliverable 7.4. Define timing and borrowing amounts needed to fund construction, needed
Page 20 of 150
11
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 7.5. Borrowing entity secures financing at lowest true interest cost (TIC) available in the
market.
Deliverable 7.5. 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 8. 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
8 cost from KPFD)
Task 8.1. Project management
Deliverable 8.1. Overall project management and oversight.
Task 8.2. Bid support/Bid award
Deliverable 8.2. A&E of record provides bid support (requests for information responses,
construction document amendments, bid tabulations, etc.)
Task 8.3. Construction administration/Construction management
Deliverable 8.3. Daily inspection reports, documentation as required, scheduling, certified
payrolls, progress billing approval, etc.)
Task 8.4. A&E support
Deliverable 8.4. A&E of record to provide technical assistance and direction during
construction.
Task 8.5. CEC construction phase.
Deliverable 8.5. Construction contract.
Task 8.6. Miscellaneous.
Deliverables 8.6. Required connection fees, impact fees and permit fees paid. Construction
staking, surveying, materials testing, special inspections provided.
Task 9. City to Complete Shoreline Restoration and Overwater Structures (No further
KPFD involvement)
Page 21 of 150
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 22 of 150
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 23 of 150
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 24 of 150
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 25 of 150
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 26 of 150
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 27 of 150
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 28 of 150
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 29 of 150
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 30 of 150
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
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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 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)
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City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Business Item 7B Meeting Date:
July 28, 2020
Subject: Adoption of a Resolution Approving a Prepared by: Nick Bond, AICP
Contract with Rice Fergus Miller for the DCD Director
South Kitsap Community Event Center Atty Routing No: N/A
Atty Review Date: N/A
Summary: On February 26 and February 28, 2020, the City’s Department of Community Development
published a Request for Qualifications (RFQ) for the South Kitsap Community Events Center (SKCEC). By
the May 8, 2020 deadline, nine Statements of Qualification (SOQ) were received. On June 10, 2020, after
the scoring/ranking of the SOQ’s received, and upon interviewing the top three qualified firms, the City’s
interview panel selected Rice Fergus Miller for the SKCEC project. City staff then met with Rice Fergus
Miller to discuss, clarify and develop the project understanding. In July 2020, the City received a schedule,
scope of work, and draft contract for phase 1 of the SKCEC project, which was reviewed by the City Council
at the July 21 work-study meeting.
Recommendation: Staff recommends adoption of a resolution approving a contract with Rice Fergus
Miller for phase 1 of the South Kitsap Community Events Center project, in an amount not to exceed
$400,000.00 and documenting the Professional Services procurement procedures.
Relationship to Comprehensive Plan: N/A
Motion for Consideration: “I move to adopt a Resolution approving a Contract with Rice Fergus Miller for
phase 1 of the South Kitsap Community Events Center project, in an amount not to exceed $400,000.00,
and documenting the Professional Services procurement procedures.”
Fiscal Impact: In 2019, the City of Port Orchard was awarded funding for the design and construction
of a community events center by the Kitsap Public Facilities District. The work under this contract it to be
paid for using the KPFD funds.
Alternatives: N/A
Attachments: Resolution, Contract, and Rice Fergus Miller Project Schedule, Scope and Fees.
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This Page Intentionally Left Blank
Page 34 of 150
RESOLUTION NO. ____
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE A CONTRACT WITH RICE FERGUS MILLER FOR PHASE 1 OF
THE SOUTH KITSAP COMMUNITY EVENTS CENTER (SKCEC), AND DOCUMENTING
PROFESSIONAL SERVICES PROCUREMENT PROCEDURES.
WHEREAS, on February 26 and February 28, 2020, the City of Port Orchard Department of
Community Development published a Request for Qualifications (RFQ) for phase 1 of the South
Kitsap Community Events Center (SKCEC).; and
WHEREAS, by the May 8, 2020 deadline, the City’s Department of Community Development
received nine (9) Statements of Qualification (SOQ) from qualified firms; and
WHEREAS, on June 3 and June 10, 2020, upon scoring/ranking of the SOQs received, an
interview panel of City elected officials, City staff and other community representatives interviewed
the top three (3) qualified firms; and
WHEREAS, based on interview scoring, the City’s interview panel selected Rice Fergus Miller
for the project award and City staff then met with Rice Fergus Miller to discuss, clarify and develop
the project understanding (scope, fees, and timeline); and
WHEREAS, on July 17, 2020, Rice Fergus Miller provided the City’s Department of
Community Development with a contract, which was reviewed by the City Council at its work-study
meeting on July 21, 2020; and
WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State
Auditor’s Office, wishes to document their consultant selection process conducted pursuant to RCW
39.80 and as described above for this particular contract by Resolution; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS
FOLLOWS:
THAT: The Port Orchard City Council approves a Contract with Rice Fergus Miller for
phase 1 of the South Kitsap Community Events Center and adopts the “Whereas”
statements contained herein, as findings in support of the City’s consultant selection
procurement procedures.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by
the City Clerk in authentication of such passage this 28th day of July 2020.
Robert Putaansuu, Mayor
ATTEST:
City Clerk, Brandy Rinearson, MMC
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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 29th day of July 2020, by and between the City of Port
Orchard, a municipal corporation, organized under the laws of the State of Washington, whose address is:
CITY OF PORT ORCHARD, WASHINGTON (hereinafter the “CITY”)
216 Prospect Street
Port Orchard, Washington 98366
Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029
and Rice Fergus Miller, Inc., a corporation, organized under the laws of the State of Washington,
doing business at:
275 Fifth Street, Suite 100
Bremerton, WA 98337
(hereinafter the “CONSULTANT”)
Contact: Steven M. Rice Phone: 360-377-3778 Fax:______________
for professional services in connection with the following Project:
The Port Orchard Downtown Community Event Center 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 "B." 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 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 “B” 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.
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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 July 29, 2020 (“Commencement Date”) and shall
terminate March 31, 2022 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.
LUMP SUM. Compensation for these services shall be a Lump Sum of $400,000.00.
¡
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.
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
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City of Port Orchard and __________
Public Works Project No. _________
Professional Service Agreement Contract No. ________
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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.
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.
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.
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City of Port Orchard and __________
Public Works Project No. _________
Professional Service Agreement Contract No. ________
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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.
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.
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City of Port Orchard and __________
Public Works Project No. _________
Professional Service Agreement Contract No. ________
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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 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.
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
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City of Port Orchard and __________
Public Works Project No. _________
Professional Service Agreement Contract No. ________
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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.
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.
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City of Port Orchard and __________
Public Works Project No. _________
Professional Service Agreement Contract No. ________
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F. Personal Liability:
Owner further agrees that, to the fullest extent permitted by law, no shareholder,
officer, director, partner, principal or employee of Rice Fergus Miller shall have
personal liability under this Indemnification provision, under any provision of the
Agreement, or for any matter in connection with the services provided in connection
with the Project.
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.
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.
Steve Rice, Principal
Rice Fergus Miller, Inc.
275 5th Street, Suite 100 Bremerton, WA 98337
360-377-8773
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Professional Service Agreement Contract No. ________
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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
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
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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.
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: _______________________________
Steven M. Rice
Principal
Page 44 of 150
City of Port Orchard and __________
Public Works Project No. _________
Professional Service Agreement Contract No. ________
S:\2020002 South Kitsap Community Event Center\2-Admin\Contract\RFM Agreement\MASTER 2018 Prof Svcs Agreement SEC 1.29.18 (with SEC edits) 7.18.19 - STAN EDITS (Charlotte
A. Archer) FINAL.docx Rev 7/18/2019
10 of 10
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 45 of 150
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
EXHIBIT B
Page 46 of 150
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.
EXHIBIT B
Page 47 of 150
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 48 of 150
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 49 of 150
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 MONTHSEXHIBIT BPage 50 of 150
275 Fifth Street, Suite 100
Bremerton, WA 98337
Phone: (360) 377-8773
rfmarch.com
2020 Hourly Billing Rates
Date of Proposal:
Project:
Project No.:
The hourly billing rates shall be annually adjusted in accordance with normal salary review practices
of Rice Fergus Miller.
Principal in Charge: $ 275.00
Senior Planner: $ 175.00 - $ 275.00
Project Manager: $ 130.00 - $ 190.00
Project Architect: $ 120.00 - $ 190.00
Staff Architect: $ 125.00 - $ 160.00
Project Designer: $ 115.00 - $ 190.00
Staff Designer: $ 115.00 - $ 155.00
Interior Designer: $ 90.00 - $ 160.00
Technical Designer: $ 95.00 - $ 155.00
Production Support: $ 85.00 - $ 155.00
Graphics Visualization: $ 115.00 - $ 125.00
Project Coordinator: $ 80.00 - $ 120.00
Administrative Support Staff: $ 80.00 - $ 120.00
EXHIBIT B
Page 51 of 150
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 VARIANCEEXHIBIT BPage 52 of 150
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Business Item 7C Meeting Date: July 28, 2020
Subject: Adoption of an Ordinance Authorizing Prepared by: Nicholas Bond, AICP
an Additional Building Inspector Position DCD Director
Atty Routing No.: N/A
N/A
Summary: The current workload of the Department of Community Development (DCD) has increased
significantly with the increase in volume of active development and capital projects. DCD currently has 1.0
full-time employed (FTE) building inspector, and is contracting out additional work that the City does not
have capacity to serve in-house. The current building inspector is contemplating retirement in the near
future.
DCD would like to add a building inspector prior to the current building inspector’s retirement date, to
provide some overlap and allow for cross training. It is important to the City to allow for the sharing of
institutional knowledge for this critical role.
The ordinance will create an additional 1.0 FTE building inspector position, bringing the count to 2.0 FTE.
This addition will be in place for the remainder of 2020. The City is working through an organizational
assessment and will evaluate the need for 2.0 FTE building inspectors going forward. However, the
decision to have additional building inspectors will be a part of the 2021-2022 biennial budget process.
Relationship to Comprehensive Plan: N/A
Recommendation: Staff recommends that the City Council adopt the ordinance, as presented, to approve
the addition of an additional 1.0 FTE Building Inspector for the Department of Community Development.
Motion for consideration: I move to adopt an ordinance approving an additional 1.0 FTE Building
Inspector position for the Department of Community Development.
Fiscal Impact: A future budget amendment may be required. The estimated annual salary and benefits
package is $137,000.
Alternatives: Not approve this request.
Attachments: Ordinance.
Page 53 of 150
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Page 54 of 150
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
AUTHORIZING AN ADDITIONAL FULL TIME BUILDING INSPECTOR
POSITION.
WHEREAS, the level of private development in the City and City capitol project
management has significantly increased; and
WHEREAS, the Department for Community Development is increasingly in need of more
staff time to review plans, process permits, perform on-site inspections; and
WHEREAS, the City desires to provide a high level of service to the community and
increase the Department for Community Developments capabilities; and
WHEREAS, the current city building inspector is contemplating retirement and the city
desires to have overlap for this critical position to provide training and sharing of institutional
knowledge; and
WHEREAS, the City Council finds that the addition of a 1.0 FTE Building Inspector
position is in the best interests of the City to ensure our building inspections are timely and
adequate; now, therefore;
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION 1. The Port Orchard City Council approves the additional 1.0 FTE
Building Inspector position and authorize the Mayor or his designee to develop and
implement a complete job description or modify as needed for a new full time Building
Inspector without further action by the Council.
SECTION 2. Severability. If any section, sentence, clause or phrase of this
Ordinance should be held to be unconstitutional or unlawful by a court of competent
jurisdiction, such invalidity or unconstitutionality shall not affect the validity or
constitutionality of any other section, sentence, clause or phrase of this Ordinance.
SECTION 3. Publication. This Ordinance shall be published by an approved
summary consisting of the title.
SECTION 4. Effective Date. This Ordinance shall take effect and be in full force
and effect five days after publication, as provided by law.
Page 55 of 150
Ordinance No. ___
Page 2 of 2
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor
and attested by the Clerk in authentication of such passage this 28th day of July, 2020.
Robert Putaansuu, Mayor
ATTEST: SPONSOR:
Brandy Rinearson, MMC, City Clerk Scott Diener, Councilmember
APPROVED AS TO FORM:
Charlotte Archer, City Attorney
PUBLISHED:
EFFECTIVE DATE:
Page 56 of 150
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Business Item 7D Meeting Date: July 28, 2020
Subject: Adoption of an Ordinance Approving a Prepared by: Nicholas Bond, AICP
Revision to the Corporate Boundary of the DCD Director
City of Port Orchard Near the Intersection Atty Routing No.: N/A
of Anderson Hill Road and Old Clifton Road Atty Review Date: N/A
Summary: The City has designed improvements to be constructed at the intersection of Anderson Hill Road
and Old Clifton Road. This intersection currently straddles the City limits, with one leg of this 3-leg
intersection being in unincorporated Kitsap County. To construct this project, all of the right-of-way should
be under one jurisdiction to streamline permitting and construction management. In addition, the City has
received mitigation funding from multiple sources for the construction of intersection improvements at this
location. RCW 35A.21.210 provides a path for a City and County to agree to amend a corporate country of a
city when it concerns annexation of right-of-way.
Relationship to Comprehensive Plan: The Anderson Hill/Old Clifton Road roundabout is a project that is
currently identified in the Port Orchard Comprehensive Plan and on the 6-Year Transportation Improvement
Program.
Recommendation: Staff recommends adoption of an ordinance revising the corporate boundary of the City
of Port Orchard near the intersection of Anderson Hill Road and Old Clifton Road.
Motion for consideration: “I move to adopt an ordinance to revise the corporate boundary of the City of
Port Orchard near the intersection of Anderson Hill Road and Old Clifton Road.”
Fiscal Impact: The City is gaining about 400 linear feet of roadway and adjacent unimproved right-of-way
that it will need to maintain. The City is avoiding the costs of obtaining County permits and coordinating
construction management for a future roundabout project.
Alternatives: Do not annex this section of right-of-way.
Attachments: Ordinance, Legal Description.
Page 57 of 150
This Page Intentionally Left Blank
Page 58 of 150
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
APPROVING THE REVISION OF THE CORPORATE BOUNDARY OF
THE CITY OF PORT ORCHARD IN ORDER TO INCORPORATE THE
FULL WIDTH OF A SEGMENT OF SW OLD CLIFTON ROAD AND
ANDERSON HILL ROAD SW RIGHT OF WAY INTO THE CORPORATE
LIMITS OF THE CITY; PROVIDING FOR SEVERABILITY,
CORRECTIONS, AND PUBLICATION; AND SETTING AN EFFECTIVE
DATE.
WHEREAS, RCW 35A.21.210 provides that governing bodies of a county and a code city
located therein may by agreement revise any part of the corporate boundary of the city which
coincides with the centerline, edge, or any portion of the public street, road or highway right-of-
way by substituting therefore a right-of-way line of the same public street, road or highway so
as to fully include or fully exclude that segment of the public street, road or highway from the
corporate limits of the city; and
WHEREAS, the corporate boundary of Port Orchard currently extends along SW Old
Clifton Road and Anderson Hill Road SW; and
WHEREAS, the City of Port Orchard has designed a roundabout project at the
intersection of SW Old Clifton Road and Anderson Hill Road SW that includes one leg of the
roundabout which extends into the county right of way; and
WHEREAS, the City of Port Orchard and Kitsap County wish to revise the City’s boundary
so as to expand the City’s corporate boundary to include said right-of-way; and
WHEREAS, the City Council finds it is in the City’s best interest to have the right-of-way
wholly within the City’s jurisdiction so that the City may make road improvements under City
standards and provide local services to its residents including the maintenance and operation of
the public right-of-way; and
WHEREAS, revision of the corporate boundary of a city is effective upon approval by the
city council and the county legislative authority as provided for in RCW 35A.21.210; now,
therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
Section 1. Findings. The City Council hereby adopts the above recitals as findings in
support of this ordinance.
Section 2. Corporate boundary revision. The City Council approves the revision of the
corporate boundary of the City of Port Orchard to fully include said area legally described on the
legal description and map on Exhibit A hereto in the corporate limits of the City of Port Orchard.
Page 59 of 150
Ordinance No. ___
Page 2 of 2
Section 3. Severability. Should any section, paragraph, sentence, clause, or phrase of
this ordinance, or its application to any person or circumstance, be declared unconstitutional or
otherwise invalid by a court, board, or tribunal of competent jurisdiction, for any reason, or
should any portion of this ordinance be pre-empted by state or federal law or regulation, such
decision or preemption shall not affect the validity of the remaining portions of this ordinance
or its application to other persons or circumstances.
Section 4. Savings. The enactment of this ordinance shall not affect any application,
case, proceeding, appeal, or other matter currently pending administratively or judicially in any
court or in any way modify any right or liability, civil or criminal, that may be in existence on the
effective date of this ordinance.
Section 4. Corrections. Upon the approval of the City Attorney, the City Clerk is
authorized to make any necessary corrections to this ordinance including, but not limited to, the
correction of scrivener’s/clerical errors, references, ordinance numbering, section/subsection
numbers, and any reference thereto.
Section 5. Effective Date; Publication. This ordinance shall take effect and be in full
force and effect five days after publication, as provided by law. An approved summary of this
ordinance consisting of the title shall be published in the official newspaper of the City.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor
and attested by the Clerk in authentication of such passage this 28th day of July 2020.
Robert Putaansuu, Mayor
SPONSORED BY:
ATTEST: ________________________________
Bek Ashby, Councilmember
Brandy Rinearson, MMC, City Clerk
APPROVED AS TO FORM ONLY:
Charlotte Archer, City Attorney
PUBLISHED:
EFFECTIVE DATE:
Page 60 of 150
Page 61 of 150
Page 62 of 150
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Business Item 7E Meeting Date: July 28, 2020
Subject: Adoption of an Ordinance Ratifying Use of Prepared by: Charlotte Archer
Video Conferencing and Telephonic City Attorney
Meetings, and Amending POMC Chapter Atty Routing No.: N/A
2.04.010, Meeting Place Atty Review Date: N/A
Summary: Beginning on March 11, 2020, Governor Inslee has prohibited people from gathering in groups to prevent
the spread of COVID-19. On March 23, 2020, the Governor ordered all Washington residents to cease leaving their
home or place of residence, except for limited purposes. As a result of these orders, Port Orchard residents were
prohibited from attending in-person meetings of the City Council, and the City needed to seek alternative methods for
conducting meetings so that residents could participate from their homes. However, the Open Public Meetings Act
(OPMA), Ch. 42.30 RCW, requires the City conduct public meetings in person (i.e., without requiring the participants
have a telephone or video conferencing capabilities). Recognizing the conflict between cities’ obligations under the
OPMA and his prohibition against public gatherings, Governor Inslee issued Proclamation 20-28 on March 24, 2020,
amending provisions in the OPMA to prohibit Washington’s public agencies from conducting in-person meetings.
In response to the Governor’s orders, on April 14, 2020, the City began holding its City Council regular, special and
committee meetings via the video conferencing tool Zoom, which includes a telephone call-in option for residents. Via
this method, residents are able to choose to either attend by telephone or by video conferencing, and are able to
provide public comments during the meeting by either of these methods.
POMC 2.04.010 sets the location for City Council meetings as City Hall. By this Ordinance, the City Council would ratify
the previous use of video conferencing and by telephone for meetings held between April 14, 2020 and July 28, 2020,
and modify POMC 2.04.010 to allow for video conferencing and telephone when required by federal, state or local
officials and as long as doing so is consistent with the OPMA.
Recommendation: Adopt an Ordinance ratifying virtual meetings for the period of April 14, 2020 to July 28, 2020, and
amending POMC 2.04.010 to allow virtual meetings moving forward.
Relationship to Comprehensive Plan: N/A
Motion for consideration: “I move to adopt an Ordinance ratifying the City’s use of video conferencing and
telephonic meetings, and amending Port Orchard Municipal Code Section 2.04.010 to allow this practice to continue
where authorized by the Open Public Meetings Act.”
Fiscal Impact: Unknown
Alternatives: N/A
Attachments: Ordinance.
Page 63 of 150
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Page 64 of 150
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
RELATING TO CITY COUNCIL MEETING LOCATIONS; RATIFYING USE
OF VIDEO CONFERENCING AND TELEPHONIC MEETINGS;
AMENDING PORT ORCHARD MUNICIPAL CODE SECTION 2.04.010
PERTAINING TO MEETING PLACE; PROVIDING FOR SEVERABILITY;
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, on February 29, 2020, the Governor of the State of Washington proclaimed
State of Emergency in Washington due to the spread of the novel coronavirus COVID-19; and
WHEREAS, that proclamation was immediately followed by directives from the World
Health Organization, President of the United States, and federal, state, and local health officials,
confirming the existence of a pandemic threatening public health and safety; and
WHEREAS, on March 16, 2020, the Mayor of Port Orchard issued a Proclamation of Local
Emergency, and that proclamation was ratified by the City Council; and
WHEREAS, Governor Inslee prohibited large gatherings of the public since March 11, 2020
(Proclamation No. 20-07), and on March 23, 2020, ordered all Washington residents to cease
leaving their home or place of residence, except for limited purposes; and
WHEREAS, on March 24, 2020, Governor Inslee issued Proclamation 20-28, stating that
the City is “prohibited from conducting a public meeting subject to RCW 42.30 unless (a) the
meeting is not conducted in-person and instead provides an option(s) for the public to attend the
proceedings through, at minimum, telephonic access, and may also include other electronic,
internet or other means of remote access, and (b) provides the ability for all persons attending
the meeting to hear each other at the same time”; and
WHEREAS, since that date, Governor Inslee has issued Proclamations 20-28.2 through 20-
28.7, cumulatively extending the prohibition against in-person public meetings until 11:59 p.m.
on August 1, 2020; and
WHEREAS, on May 31, 2020, Governor Inslee issued the “Safe Start” county-based phased
reopening plan, which prohibited gatherings of any number of people for those counties in Phase
1, and prohibited gatherings of six or more for those counties in Phase 2; and
WHEREAS, from May 4, 2020 to May 27, 2020, Kitsap County and the City of Port Orchard
were in Phase 1 of the Governor’s Safe Start plan; and
WHEREAS, beginning May 28, 2020, Kitsap County and the City of Port Orchard have been
in Phase 1 of the Governor’s Safe Start plan, as modified by the Governor’s subsequent related
orders, all of which prohibit gatherings of people larger than five (5); and
Page 65 of 150
Ordinance No. _______
Page 2 of 4
WHEREAS, in accordance with direction from the Governor, the Mayor declared that
public meetings of the City, including City Council Regular and Special Meetings, Committee
Meetings, public hearings, and any other meetings involving gatherings of the public, should be
conducted remotely, with provision for the public to attend by, at a minimum, telephone; and
WHEREAS, on March 17, 2020, the City Council meeting was conducted partially in-person
and partially by ZOOM, with a telephone call-in option available, in an attempt to provide a
method for the Councilmembers, City staff and public to attend either in person or virtually if
concerned about the proliferation of COVID-19; and
WHEREAS, beginning on April 14, 2020, City Council regular, special and committee
meetings have been conducted virtually, via Zoom, with a telephone call-in option available, and
these meetings have been timely noticed to provide the public with the call-in number and
information to attend the meeting virtually; and
WHEREAS, Governor Inslee, the CDC and other state and local health officials have
projected that continued limitations on gatherings of persons not of the same household are
necessary to prevent the spread of the disease; and
WHEREAS, the City Council finds that it is in the best interest of the public health and
welfare, to ratify the use of virtual meetings during this pandemic and allow for virtual meetings
in the future when required by the Governor and/or recommended by state and local health
officials; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. Findings and Recitals. The recitals set forth above are hereby adopted and
incorporated as findings in support of this Ordinance.
SECTION 2. Ratification. The City Council hereby ratifies the conduct of meetings of the
City Council (including but not limited to regular, special and committee meetings) by video
conferencing with a telephone call-in option, in lieu of in-person meetings, for the period of April
14, 2020 to July 28, 2020. The Council hereby ratifies and affirms any act consistent with the
authority set herein and prior to the effective date of this Ordinance.
SECTION 3. Amendment. Section 2.04.010 of the POMC is hereby amended to read as
follows:
2.04.010 Meeting time and place.
The city council shall hold a minimum of one meeting per month. The city council shall
determine the annual schedule for these meetings for the next calendar year no later than the
last regular business meeting of the preceding calendar year. Regular meetings are typically held
Page 66 of 150
Ordinance No. _______
Page 3 of 4
on the second and fourth Tuesdays, in the council chambers of City Hall or by video conferencing
and telephone when required by federal, state or local officials and permitted consistent with
the Open Public Meetings Act, Ch. 42.30 RCW, commencing at the hour of 6:30 p.m. and
continuing to 9:30 p.m. To continue past the 9:30 p.m. adjournment time, a majority of the city
council must concur. The work study session meetings are typically held on the third Tuesday, in
the council chambers of City Hall or by video conferencing and telephone when required by
federal, state or local officials and permitted consistent with the Open Public Meetings Act, Ch.
42.30 RCW, commencing at the hour of 6:30 p.m. The city council may select an alternate change
the time and/or place (other than City Hall, or video conferencing and telephone) for of any
regular or work study session scheduled meeting if public notice of such meeting has been given
pursuant to the provisions of RCW 42.30.080 as now or hereafter amended. In the event any
scheduled meeting falls on a holiday, the city council shall meet on the next business day at the
same hour.
SECTION 4. Corrections. Upon the approval of the city attorney, the city clerk and/or
code publisher is authorized to make any necessary technical corrections to this ordinance,
including but not limited to the correction of scrivener’s/clerical errors, references, ordinance
numbering, section/subsection numbers, and any reference thereto.
SECTION 5. Severability. If any section, subsection, paragraph, sentence, clause, or
phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall
not affect the validity of the remaining parts of this ordinance.
SECTION 6. Effective Date. This ordinance shall be published in the official newspaper of
the city and shall take full force and effect five (5) days after the date of publication. A summary
of this ordinance in the form of the ordinance title may be published in lieu of publishing the
ordinance in its entirety.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the City Clerk in authentication of such passage this 28th day of July 2020.
Robert Putaansuu, Mayor
ATTEST:
Brandy Rinearson, MMC, City Clerk
Page 67 of 150
Ordinance No. _______
Page 4 of 4
APPROVED AS TO FORM: SPONSORED BY:
Charlotte A. Archer, City Attorney Shawn Cucciardi, Councilmember
PUBLISHED:
EFFECTIVE DATE:
Page 68 of 150
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Business Item 7F Meeting Date: July 28, 2020
Subject: Adoption of an Ordinance Ratifying Prepared by: Charlotte Archer
Proclamation and Emergency Order City Attorney
Suspending POMC Chapter 6.20 Prohibiting Atty Routing No.: N/A
Single-Use Plastic Bags Atty Review Date: N/A
Summary: On March 24, 2020, the Mayor issued a Proclamation of Local Emergency and Emergency Order
temporarily suspending the enforcement of Port Orchard Municipal Code Chapter 6.20, prohibiting the use of
single-use plastic bags in certain circumstances. That Proclamation was extended on June 23, 2020, for an
additional ninety (90) days, and currently expires on September 21, 2020. Following the guidance from the
CDC, many local agencies suspended this prohibition during the COVID-19 pandemic to reduce the spread of
the disease through the use of reusable bags from home, and by allowing retail stores to use disposable
single-use bags. By this Ordinance, the Council would ratify the Mayor’s Proclamation and ratify the
temporary suspension of POMC Ch. 6.20 until September 21, 2020.
Note: The Washington state legislature recently passed, and Governor Inslee signed, Engrossed Substitute
Senate Bill 5323, effective June 11, 2020, which prohibits retail establishments from providing single-use
plastic bags to customers in certain circumstances beginning January 1, 2021. That law does not preempt the
City’s regulations until January 1, 2021.
Recommendation: The Mayor seeks the Council’s ratification of the Proclamation and Suspension of POMC
6.20 by Ordinance.
Relationship to Comprehensive Plan: N/A
Motion for consideration: “I move to adopt an Ordinance ratifying the Mayor’s Emergency Proclamation
and Temporary Suspension of Chapter 6.20 of the POMC prohibiting single-use plastic bags during the
COVID-19 pandemic.”
Fiscal Impact: Unknown
Alternatives: N/A
Attachments: Ordinance, March 24, 2020 Proclamation and Extension.
Page 69 of 150
This Page Intentionally Left Blank
Page 70 of 150
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
RELATING TO PLASTIC BAG REDUCTION POLICY; RATIFYING
EMERGENCY PROCLAMATION AND SUSPENSION OF CHAPTER 6.20 OF
THE PORT ORCHARD MUNICIPAL CODE; PROVIDING FOR
SEVERABILITY; ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, on February 29, 2020, the Governor of the State of Washington proclaimed State
of Emergency in Washington due to the spread of the novel coronavirus COVID-19; and
WHEREAS, that proclamation was immediately followed by directives from the World Health
Organization, President of the United States, and federal, state and local health officials, confirming
the existence of a pandemic threatening public health and safety; and
WHEREAS, on March 16, 2020, the Mayor of Port Orchard issued a Proclamation of Local
Emergency, and that proclamation was ratified by the City Council; and
WHEREAS, since the outset of this pandemic the Centers for Disease Control and Prevention
(CDC) has recommended “extensive community mitigation activities” to slow the spread of, and
minimize morbidity and mortality caused by, COVID-19; and
WHEREAS, the CDC and other health officials have identified protective measures necessary
for local governments, businesses and residents to take to prevent the spread of the disease; and
WHEREAS, to mitigate and reduce the transmission of COVID-19, it is an appropriate and
responsible mitigation measure to allow retail establishments to provide single-use paper or plastic
bags to customers, so as to limit the use of reusable bags from homes; and
WHEREAS, on March 24, 2020, the Mayor issued a Proclamation and Emergency Rule
establishing a temporary suspension of Chapter 6.20 of the Port Orchard Municipal Code regarding a
Single-Use Plastic Bag Prohibition, and that Proclamation was extended by the Mayor for an
additional ninety-day period on June 23, 2020; and
WHEREAS, the City Council finds that it is in the best interest of the public health and welfare,
including the health of those employed in the retail industry, to temporarily suspend the regulations
adopted under Chapter 6.20 POMC, “Plastic Bag Reduction” which precludes the use of single-use
plastic bags or requires a $0.08 charge for a recycled paper carryout bag or reusable carryout bag;
now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. Findings and Recitals. The recitals set forth above are hereby adopted and
incorporated as findings in support of this Ordinance.
Page 71 of 150
Ordinance No. _______
Page 2 of 2
SECTION 2. Ratification. The City Council hereby ratifies the Mayor’s Proclamation &
Issuance of Emergency Rule: Temporary Suspension of Chapter 6.20 POMC, Single-Use Plastic Bag
Prohibition, issued on March 24, 2020 and extended. For the time period stated in the Proclamation,
as extended, the provisions of Chapter 6.20 POMC are suspended, unless the Proclamation is earlier
terminated. The Council hereby ratifies and affirms any act consistent with the authority set herein
and prior to the effective date of this Ordinance.
SECTION 3. Corrections. Upon the approval of the city attorney, the city clerk and/or code
publisher is authorized to make any necessary technical corrections to this ordinance, including but
not limited to the correction of scrivener’s/clerical errors, references, ordinance numbering,
section/subsection numbers, and any reference thereto.
SECTION 4. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of
this ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the
validity of the remaining parts of this ordinance.
SECTION 5. Effective Date. This ordinance shall be published in the official newspaper of the
city and shall take full force and effect five (5) days after the date of publication. A summary of this
ordinance in the form of the ordinance title may be published in lieu of publishing the ordinance in
its entirety.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested
by the City Clerk in authentication of such passage this 28th day of July 2020.
Robert Putaansuu, Mayor
ATTEST:
Brandy Rinearson, MMC, City Clerk
APPROVED AS TO FORM: SPONSORED BY:
Charlotte A. Archer, City Attorney Bek Ashby, Councilmember
PUBLISHED:
EFFECTIVE DATE:
Page 72 of 150
City of Port Orchard
EXTENSION OF
PROCLAMATION & ISSUANCE OF EMERGENCY RULE:
TEMPORARY SUSPENSION OF CHAPTER 6.20 POMC
SINGLE-USE PLASTIC BAG PROHIBITION
WHEREAS, the global health pandemic due to the novel coronavirus COVID-I9
continues to threaten the public health and safety of the City's residents; and
WHEREAS, on February 29.2020, the Governor of the State of Washington proclaimed
a State of Emergency due to COVID-19; and
WHEREAS, on March 11, 2020, the World Health Organization classified the global
spread of COVID-19 as a pandemic, and urged all governments to take action now to stem
the spread of the disease; and
WHEREAS, on March 13,2020. the President of the United States declared a national
emergency due to the COVID-19 pandemic; and
WHEREAS, on March 16,2020, the Mayor issued a Proclamation of Local Emergency,
pertaining to the spread of the novel coronavirus known and COVID-l9, and also
proclaimed that emergency operations under Chapter 2.80 of the Port Orchard Municipal
Code (POMC) and the utilization of emergency powers granted under RCW 38.52.070
were in effect, and the City Council ratified the same; and
WHEREAS, the Centers for Disease Control and Prevention (CDC) recommends
"extensive community mitigation activities" to slow the spread of, and minimize morbidity
and mortality caused by, COVID-19; and
WHEREASE, on March 23, the Governor issued a "stay at home" order and expanded
protections against COVID-19; and
WHEREAS, to mitigate and reduce the transmission of COVID-I9, it is an appropriate
and responsible mitigation measure to allow retail establishments to provide single-use
paper or plastic bags to customers, so as to limit the use of reusable bags from homes; and
WHEREAS. RCW 38.52.070 establishes emergency and disaster response powers, and
authorizes the City to, among other things, take steps to protect the health and safety of
persons and property; and
WHEREAS, under the emergency powers authorized under POMC 2.80.210, during a
declared emergency the Mayor is authorized to take emergency protective measures
deemed appropriate; and
WHEREAS, the Mayor finds that it is in the best interest of the public health and welfare,
Page 73 of 150
including the health of those employed in the retail industry, to temporarily suspend the
regulations adopted under Chapter 6.20 POMC, "Plastic Bag Reduction" which precludes
the use of single-use plastic bags or requires a $0.08 charge for a recycled paper carryout
bag or reusable carryout bag;
NOW, THEREFORE, THE MAYOR OF THE CITY OF PORT ORCHARD,
WASHINGTON, HEREBY PROCLAIMS THE FOLLOWING:
1. Recitals. The recitals set forth above, which are incorporated herein by reference, are
adopted as findings in support of the emergency rule established by this proclamation.
2. Pandemic Emergency Rule: Suspension of Ch. 6.20 POMC. Plastic Bag Reduction
Policy: The Mayor hereby issues the following emergency rule:
A. Chapter 6.20 of the Port Orchard Municipal Code is hereafter suspended
for the duration identified herein. This suspension includes, but is not
limited to, those regulations that prohibit retail establishments in the City
from providing single-use plastic carryout bags to customers.
B. Retail establishments are not required to charge $0.08 for providing
recycled paper carryout bags or reusable carryout bags to customers.
3. Effective date. This proclamation and emergency rule shall be in full force and effect
upon signature of the Mayor, and shall expire in ninety (90) days, unless the Mayor
determines an extension is necessary for public health. This emergency rule shall be
submitted to the City Council for ratification at the earliest practicable time.
Dated this 23'd day of June,2020.
Robert Mayor
ATTESTED
City Clerk
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Page 74 of 150
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Business Item 7G Meeting Date:
July 28, 2020
Subject: Adoption of a Resolution Approving Prepared by: Mark Dorsey, P.E.
Amendment No. 3 to Contract No. 054- Public Works Director
18 with RH2 Engineering, Inc. for the 80% Atty Routing No: N/A
Marina Pump Station Rebuild Project and Atty Review Date: N/A
Documenting Procurement Procedures
Summary: On December 15, December 22 and December 29, 2017, the City’s Public Works Department
published a Request for Qualifications (RFQ) for the 30%, 60% and 100% Ad Ready Design for the Marina Pump
Station Rebuild Project. By the January 12, 2018 deadline, five (5) Statements of Qualification (SOQ) were
received. On February 14, 2018, upon the scoring/ranking of the SOQ’s received, and upon interviewing the top
two (2) qualified firms, the City selected RH2 Engineering, Inc. for the Project. Public Works Staff then met with
RH2 Engineering, Inc. to discuss, clarify and develop the Project Understanding. On July 17, 2018, the City
received a defined Scope of Work, Budget and Project Timeline for only the 30% Design and Permit Coordination
Phase of the Project, in an amount not to exceed $250,000.00. On July 22, 2019, Amendment No. 1 to the
Underlying Agreement extended the expiration date to December 31, 2019; and on December 10, 2019,
Amendment No. 2 extended the expiration date to March 31, 2020; and on April 1, 2020, Amendment No. 2A
extended the contract to December 31, 2020. Public Works Staff and RH2 Engineering have now determined
that the moving to 80% Design and Permit Coordination is the best way to move the Project forward.
Recommendation: Staff recommends adoption of Resolution No. 028-20, thereby approving Amendment No. 3
to Contract No. C054-18 with RH2 Engineering, Inc. for the Marina Pump Station Rebuild Project (80% Design &
Permit Coordination) in an amount not to exceed $750,000.00 and documenting the Professional Services
procurement procedures.
Relationship to Comprehensive Plan: Chapter 7 – Utilities (Sewer)
Motion for Consideration: I move to adopt Resolution No. 028-20, thereby approving Amendment No. 3 of
Contract No. C054-18 with RH2 Engineering, Inc. for the Marina Pump Station Rebuild Project (80% Design &
Permit Coordination) in an amount not to exceed $750,000.00 and documenting the Professional Services
procurement procedures.
Fiscal Impact: The City of Port Orchard has been awarded a $4.1M loan from the Department of Ecology 2019
Water Quality Combined Financial Assistance Program. Once the funding has been secured, a 2019-2020 Budget
Amendment will be required.
Attachments: Resolution, Contract, and RH2 Engineering, Inc. Proposal (dated 7/6/2020).
Page 75 of 150
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Page 76 of 150
RESOLUTION NO. 028-20
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE AMENDMENT NO. 3 OF CONTRACT NO. C054-18
WITH RH2 ENGINEERING, INC. FOR THE MARINA PUMP STATION REBUILD 80%
DESIGN AND PERMIT COORDINATION AND DOCUMENTING PROFESSIONAL
SERVICES PROCUREMENT PROCEDURES.
WHEREAS, on December 15, December 22 and December 29, 2017, the City of Port
Orchard Public Works Department published a Request for Qualifications (RFQ) for the 30%,
60% and 100% Ad Ready Design of the Marina Pump Station Rebuild Project; and
WHEREAS, by the January 12, 2018 deadline, the City’s Public Works Department
received five (5) Statements of Qualification (SOQ) from qualified firms; and
WHEREAS, on January 27, 2018, City Staff completed the Mandatory Bidder
Responsibility Checklist for the five (5) qualified firms; and
WHEREAS, on February 14, 2018, upon scoring/ranking of the SOQ’s received, the City’s
Public Works Department interviewed the top two (2) qualified firms; and
WHEREAS, based on interview scoring, the City’s Public Works Department selected
RH2 Engineering, Inc. for the Project award and then met to discuss, clarify and develop the
Project Understanding (Scope, Budget and Timeline); and
WHEREAS, on July 17, 2018, after the City determined that work needed to be split into
incremental phases, RH2 Engineering, Inc. provided the City’s Public Works Department with a
viable Proposal for the 30% Schematic design Phase only; and
WHEREAS, on July 22, 2019, Amendment No. 1 to Contract No. C054-18 was issued,
thereby extending the expiration date to December 31, 2019; and
WHEREAS, on December 10, 2019, Amendment No. 2 to Contract No. C054-18 was
issued, thereby extending the expiration date to March 31, 2020; and
WHEREAS, on April 1, 2020, Amendment 2A to Contract No. C054-18 was issued,
thereby extending the expiration date to December 31, 2020; and
WHEREAS, the City’s has now determined that the next phase of work needs to be the
completion of the 80% Design; and
WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State
Auditor’s Office, wishes to document their consultant selection process as described above for
this particular contract by Resolution; now, therefore,
Page 77 of 150
Resolution No. ___
Page 2 of 2
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above
are hereby adopted and incorporated as findings in support of this Resolution.
THAT: The Port Orchard City Council approves and authorizes the mayor to execute
Amendment No. 3 of Contract No. C054 -18 with RH2 Engineering, Inc. for the Marina
Pump Station Rebuild Project (80% Design & Permit Coordination), attached hereto as
Exhibit A and incorporated herein by this reference.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested
by the Clerk in authentication of such passage this 28th day of July 2020.
Robert Putaansuu, Mayor
ATTEST:
Brandy Rinearson, MMC, City Clerk
Page 78 of 150
07/07/20 9:59 AM J:\Data\PO\118-116\Contract\Phase 2\Amend_No. 3_AGMT_Phase 2_Marina PS 80p Design.docx
City of Port Orchard
Contract Amendment No. 3
Marina Pump Station Rebuild
Phase 2 – 80-Percent Design and Permitting Assistance
RH2 Project No. PO 118-116
In accordance with our Professional Services Agreement for the Marina Pump Station Rebuild, dated
July 24, 2018, this is an authorization to revise the project Scope of Work as described below. The work
will be performed and invoiced using the terms and conditions listed in the original agreement, plus
previous amendments and/or agreements.
Modify the following items from the Scope of Work:
Reference attached
Exhibit A – Scope of Work
Exhibit B – Fee Estimate
Exhibit C – Schedule of Rates and Charges
Exhibit D – Time of Beginning and Completion
The engineering fee authorization will increase by $726,789 for a total authorization amount of
$976,789.
Please sign this authorization in the space provided below and return to RH2 Engineering, Inc., by mail
at the address below, or by email to Contracts@RH2.com.
RH2 Engineering, Inc.
City of Port Orchard
Signature Signature
Print Name/Title Print Name/Title
Date
RH2 Engineering, Inc. 22722 29th Dr. SE, Suite 210, Bothell, WA
98021
Date
City of Port Orchard, 216 Prospect Street, Port Orchard, WA 98366
Page 79 of 150
1
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EXHIBIT A
Scope of Work
Amendment No. 3
City of Port Orchard
Marina Pump Station Rebuild
Phase 2 – 80-Percent Design and Permitting Assistance
July 2020
Background
The City of Port Orchard (City) has retained RH2 Engineering, Inc., (RH2) to design the retrofit of the
aging Marina Sewer Pump Station. The existing pump station was built in 1983 and is located near
the intersection of State Route (SR) 166 and Orchard Avenue. The station is identified in the City’s
2016 General Sewer Plan as needing additional capacity by buildout, with flows up to 8,435 gallons
per minute (gpm), to accommodate the City’s future growth. Currently, the Marina Sewer Pump
Station is the last pump station in the City’s sewer system and pumps all the City’s wastewater to
West Sound Utility District’s combined Wastewater Treatment Facility.
The pump station must be upgraded due to its lack of capacity to carry anticipa ted future hydraulic
loads and because mechanical and site work components have aged and reduced the station’s
reliability. This project will include the replacement of the existing Worthington pumps (3,600 gpm
capacity), 225 kilowatt (kW) generator, and installing a second 24-inch force main. The existing
seawall that protects the existing electrical and control building is corroded and requires
remediation. A future multi-use path will be added along the marina waterfront, and any demolished
and proposed structures will not impede its current proposed route. The existing electrical and
control building is to be demolished , and the electrical and control equipment will be relocated to
an above-grade multi-use facility over the existing below-grade pump station. The existing restroom
and spiral staircase entrance to the pump station will be demolished and rebuilt into a combined
above-grade facility for an emergency diesel powered pump, electrical and control equipment, and
bathroom. An outdoor-rated 300 kW generator will be located near the multi-use facility. Odor
control and emergency storage will be included in this design and will be an optional bid item
depending on available City funds. The emergency storage structure will be built off the existing wet
well and dry well to accommodate 30 minutes of peak day flow based on build-out projected peak
day flows.
The following permits and approvals are anticipated for this project at a local level through the City:
State Environmental Review Process (SERP), including State Environmental Policy Act (SEPA) and
National Environmental Policy Act (NEPA); Shoreline Substantial Development Permit; Conditional
Use Permit; Critical Areas Ordinance; Site Development Permit and Land Development Activity
Permit; Engineering Drainage Report; Stormwater Pollution Prevention Plan; Right-of-Way Permit;
and Demolition and Building Permit. Permits and approvals anticipated at a state level through
Washington Department of Fish and Wildlife (WDFW) and the Washington State Department of
Ecology (Ecology) are Hydraulic Project Approval, Notice of Intent, and Joint Aquatic Resources
Page 80 of 150
City of Port Orchard Amendment No. 3
Marina Pump Station Retrofit Design Exhibit A
Phase 2 – 80-Percent Design and Permitting Assistance Scope of Work
2
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Permit Application (JARPA). Permits and approvals anticipated at a federal level through U.S. Army
Corps of Engineers (USACE) are Section 404 and Section 10 Approval (JARPA), Section 106 Cultural
Review Survey (CRS), and Biological Assessment (BA). Permitting is assumed to be primarily through
the City, WDFW, Ecology, and USACE. Funding for this project is provided by Ecology and requires
project reporting that RH2 will support as the project progresses.
The Scope of Work includes the following tasks to carry the project through the 80-percent design
phase.
• PHASE 2 – 80-PERCENT DESIGN AND PERMITTING ASSISTANCE
o Task 1 – Project Management Services
o Task 2 – Additional Data Acquisition
o Task 3 – Geotechnical Investigation
o Task 4 – Environmental Permitting
o Task 5 – Funding Requirements Support
o Task 6 – 30-Percent Plans and Cost Estimate
o Task 7 – Public Involvement
o Task 8 – SCADA Evaluation for Integration of Marina Pump Station
o Task 9 – 80-Percent Plans, Specifications, and Cost Estimate
o Task 10 – Supplemental Services
Task 1 – Project Management Services
Objective: Organize, manage, and coordinate disciplines to complete the Scope of Work on schedule
and in close coordination with City staff.
Approach:
Prepare meeting agendas for meetings with City staff described in this Scope of Work and
maintain ongoing communication.
Prepare meeting minutes for meetings with City staff described in this Scope of Work .
Prepare monthly invoices, progress reports, and schedule updates.
Maintain RH2’s project records and files.
RH2 Deliverables:
• Meeting agendas for meetings listed in this Scope of Work in electronic PDF format.
• Meeting minutes for meetings listed in this Scope of Work in electronic PDF format.
• Monthly invoices with attached schedule adjustments, accomplishments, and future work
outline.
Page 81 of 150
City of Port Orchard Amendment No. 3
Marina Pump Station Retrofit Design Exhibit A
Phase 2 – 80-Percent Design and Permitting Assistance Scope of Work
3
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Task 2 – Additional Data Acquisition
Objective: Acquire existing utility information and seawall conditions. Coordinate with a
subconsultant for utility potholing. Coordinate above and below water observation of steel sheet
pile wall and controls building.
Approach:
Prepare easements or right-of-entry agreements for potholing.
Coordinate with AES Consultants, Inc., (AES) as a subconsultant to RH2 and City staff for a
maximum of seven (7) utility potholes.
Incorporate potholing data into existing site plan.
Prepare permanent easement and amendment to existing utility easement.
Coordinate with KPFF Consulting Engineers (KPFF) as a subconsultant to RH2 to observe
seawall and controls building condition via above and below water inspection. Provide report
of findings and recommendations.
Monitor and record gas phase in wet well for odor control design.
Assumptions:
• City will provide operator and backhoe needed for pothole excavation.
• RH2 is not responsible for site safety or for directing the operator in their work.
• City will assist in construction and permanent easement preparation by providing City of Port
Orchard standard easement agreement for permanent and temporary easements. It is
assumed the City will negotiate easement agreements.
• Up to three (3) revisions of the updated or amended easement legal description are provided
for in the attached Fee Estimate.
• City will provide gas phase monitoring device and installation for data collection purposes.
Provided by City:
• Coordination and assistance with utility potholing in right-of-way.
RH2 Deliverables:
• AES will provide potholing data in AutoCAD file format to RH2 via email.
• One (1) electronic copy of the AutoCAD potholing files (AutoCAD and PDF formats).
• Inspection report discussing the seawall observed conditions and details on damage
identified in electronic PDF format (prepared by KPFF).
Page 82 of 150
City of Port Orchard Amendment No. 3
Marina Pump Station Retrofit Design Exhibit A
Phase 2 – 80-Percent Design and Permitting Assistance Scope of Work
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Task 3 – Geotechnical Investigation
Objective: Obtain geotechnical information for potentially highly variable soil and groundwater
conditions adjacent to the pump station site and along the existing and proposed force main
alignment.
Approach:
Coordinate with Anchor QEA, LLC, (Anchor QEA) as a subconsultant to RH2 to conduct field
investigations and compile geologic information for the emergency storage and second force
main. Drill one (1) 2-inch soil boring and one (1) 6-inch monitoring well next to the existing
pump station location.
Prepare a geotechnical report with foundation information for the emergency storage and
valve vault installation, including bearing and earth pressures, groundwater conditions,
shoring systems, and dewatering recommendations; recommendations for stabilizing the
deep excavation next to the existing pump station and gravity mains; seismic liquefaction
analysis; and other pertinent information required for the design and construction of the
proposed below- and above-grade structures.
Assumptions:
• Groundwater collected during dewatering may be cleaned by detention and discharged
directly to sewer.
Provided by City:
• City assistance needed for site access, performing the borings and test pits as required for
the proposed emergency storage and second force main locations, and preparing boring logs
and cross-sections.
RH2 Deliverables:
• Two (2) copies of the geotechnical report and one (1) electronic PDF file.
Task 4 – Environmental Permitting
Objective: Coordinate with Anchor QEA as a subconsultant to RH2 to prepare permit applications for
the pump station retrofit, possible emergency storage, multi-use facility (electrical and controls
equipment, odor control, and emergency diesel pump), outdoor generator, retrofit of existing
seawall, and second force main.
Approach:
Prepare and submit a pre-application meeting request to the City’s Community Development
Department. Attend one (1) pre-application meeting with City staff to review the project and
discuss required permits and permit submittal needs.
Prepare a State Environmental Review Process (SERP), including SEPA and National
Environmental Policy Act (NEPA) checklists, and associated components (i.e., vicinity map,
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site plans, supplemental application, etc.). Coordinate with City Public Works staff to review
and comment on the application prior to submittal. Finalize the SERP checklist with City staff
comments and submit to the City’s Community Development Department. Submit SERP to
Ecology per funding agreement requirements.
Prepare a Shoreline Substantial Development Permit (SSDP) application and associated
components (i.e., site plans, Shoreline Permit Checklist, etc.). Coordinate with City Public
Works staff to review and comment on the application prior to submittal. Finalize the SSDP
application with City staff comments and submit to the City’s Community Development
Department. Attend the hearing with the Hearing Examiner to support City Public Works
staff. It is assumed two (2) RH2 staff members will attend the hearing.
Prepare and submit a Conditional Use Permit.
Prepare and submit documents for Critical Areas Ordinance (CAO) compliance. CAO
compliance is anticipated for work adjacent to the Puget Sound and within a marine
environment. The project may apply for an exemption to the CAO, which will be discussed with
City staff during the pre-application meeting.
Prepare Site Development and Land Development Activity Permit (SDP/LDAP) and coordinate
with City Public Works staff to review and comment on the application prior to submittal.
Finalize the SDP/LDAP application with City staff comments and submit to the City’s
Community Development Department.
Prepare an Engineered Drainage Report (EDR)/Stormwater Pollution Prevention Plan
(SWPPP). Coordinate with City Public Works staff to review and comment on the SWPPP prior
to submittal. Finalize the SWPPP with City staff comments and submit to the City’s
Community Development Department. It is anticipated that the ERD/SWPPP will be
submitted with the SDP/LDAP.
Coordinate with City Public Works staff to prepare and submit a Right-of-Way (ROW) Use
Permit.
Prepare and submit Demolition Building Permit and Building Permit applications to the City.
Prepare and submit a JARPA for Hydraulic Project Approval (HPA) to WDFW and for
Floodplain Development Permit to City’s Community Development Department. Project
plans, SEPA determination documentation, and additional information, as needed, will be
submitted along with the JARPA to WDFW.
Prepare and submit a Notice of Intent (NOI) for coverage under Ecology’s National Pollutant
Discharge Elimination System (NPDES) Construction Stormwater General Permit (CSGP).
Prepare and submit a Cultural Review (CR) prior to construction. This is required per Section
106 of the National Historic Preservation Act and Governor’s Executive Order 05-05. Submit
CR to Ecology per funding agreement requirements. CR approval is required prior to starting
construction.
Page 84 of 150
City of Port Orchard Amendment No. 3
Marina Pump Station Retrofit Design Exhibit A
Phase 2 – 80-Percent Design and Permitting Assistance Scope of Work
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Prepare and submit a Biological Assessment (BA) to USACE.
Prepare and submit a Public Inadvertent Discovery Plan (PIDP). Submit PIDP to Ecology per
funding agreement requirements. PIDP approval is required prior to starting construction.
Prepare and submit a Navigable Large Water Bodies permit to USACE. This is required per
Executive Order 05-05, Section 104, and Section 404. There is potential for a no effect letter
to be submitted per the Clean Water Act and for shoreline development requirements to be
waived.
Assumptions:
• Permitting is assumed to be primarily through the City, Ecology, WDFW, and USACE.
• No Kitsap County permits are anticipated.
• The City will pay for all permitting fees directly.
• The SSDP hearing will only require one (1) meeting and one (1) day of travel for two (2) RH2
staff.
• The approved permit applications will be incorporated into bidding and construction
documents as needed.
• Acceptance of the permit applications by the applicable agencies is beyond the control of RH2,
Anchor QEA, and the City, and no date is warranted or implied for agency response or
approval.
Provided by City:
• Payment for all permit fees and publication costs.
• Attendance at pre-application meeting.
• Coordination with Port of Bremerton as needed for right-of-entry to conduct the critical areas
site visit.
• Assistance with permit submittals and coordination through the Community Development
Department, as needed.
• Assistance with agency coordination and facilitation through state and federal agencies, as
needed.
• Coordination with local newspaper for NOI publication.
RH2 Deliverables:
• Attendance of up to three (3) RH2 staff members and one (1) Anchor QEA staff at the
pre-application meeting.
• Three (3) hard copies (City, RH2, and Anchor QEA) and one (1) electronic PDF of the
application, questions, and meeting minutes for the pre-application meeting.
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Marina Pump Station Retrofit Design Exhibit A
Phase 2 – 80-Percent Design and Permitting Assistance Scope of Work
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• Three (3) hard copies (City, RH2, and Anchor QEA) and one (1) electronic PDF of the SERP with
SEPA and NEPA Environmental Checklists and application .
• Three (3) hard copies (City, RH2, and Anchor QEA) and one (1) electronic PDF of the SSDP
application.
• Attendance of one (1) RH2 staff member for the Public Hearing.
• Three (3) hard copies (City, RH2, and Anchor QEA) and one (1) electronic PDF of the
Conditional Use Permit application.
• Three (3) hard copies (City, RH2, and Anchor QEA) and one (1) electronic PDF of the SDP/LDAP
application.
• Three (3) hard copies (City, RH2, and Anchor QEA) and one (1) electronic PDF of the
ERD/SWPPP.
• Three (3) hard copies (City, RH2, and Anchor QEA) and one (1) electronic PDF of the ROW Use
Permit application.
• Three (3) hard copies each (City, RH2, and Anchor QEA) and one (1) electronic PDF of the
Demolition Building Permit and Building Permit applications.
• Four (4) hard copies (City, RH2, Anchor QEA, and WDFW) and one (1) electronic PDF of the
JARPA.
• One (1) electronic PDF of the NOI.
• Three (3) hard copies (City, RH2, and Anchor QEA) and one (1) electronic PDF of the CR
assessment.
• Three (3) hard copies (City, RH2, and Anchor QEA) and one (1) electronic PDF of the BA
assessment.
• Three (3) hard copies (City, RH2, and Anchor QEA) and one (1) electronic PDF of the PIDP
supplement.
• Four (4) hard copies (City, RH2, Anchor QEA, and USACE) and one (1) electronic PDF of the
Navigable Large Water Bodies Permit application.
Task 5 – Funding Requirements Support
Objective: Provide quarterly reports per the project’s funding agreement with Ecology.
Approach:
Prepare quarterly payment request and progress report (PRPR) submittals and submit to the
City for submission through Ecology’s website.
Coordinate and provide System for Award Management (SAM) reports for each
subconsultant and contractor working on design.
Page 86 of 150
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Marina Pump Station Retrofit Design Exhibit A
Phase 2 – 80-Percent Design and Permitting Assistance Scope of Work
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Provide Ecology with updated anticipated schedule and timeline for project deliverables.
Assumptions:
• All report submissions are to be made by the City directly through Ecology’s website.
• Deliverables will be completed per the anticipated project schedule: 30-percent design by
September 23, 2020; 80-percent design by January 26, 2021; and permitting by September
23, 2021.
Provided by City:
• Review of quarterly progress reports prior to submission.
• Review of SAM reports.
• Confirm anticipated schedule.
RH2 Deliverables:
• Quarterly progress reports in electronic format.
• Collecting SAM reports for each subconsultant.
Task 6 – 30-Percent Plans and Cost Estimate
Objective: Prepare preliminary design plans and cost estimate for the sewer pump station and force
main improvements.
Approach:
Prepare final design criteria and equipment preferences checklist that will contain a
comprehensive list of various site, structural, mechanical, equipment, electrical, and
telemetry criteria and equipment choices. Attend one (1) meeting with City staff to review
the design criteria and confirm the preferred equipment.
Create a cover sheet, including sheet index and vicinity map. Create a general notes sheet.
Develop preliminary site, temporary erosion and sedimentation control (TESC), and
grading/surfacing restoration plans.
Develop landscaping plans to be used for permit ting applications. Landscaping will be
designed to blend the demolished control building area with the proposed multi-use path.
Landscaping also will be designed to blend the above-grade multi-use building (electrical and
controls equipment, emergency diesel pump, and odor control) and outside generator with
the existing parking lot. Anchor QEA will complete the landscaping design as a subconsultant
to RH2.
Coordinate with Salt Architects (Salt) as a subconsultant to RH2 to prepare preliminary
architectural and structural design plans:
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Phase 2 – 80-Percent Design and Permitting Assistance Scope of Work
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a) Prepare up to two (2) different conceptual architectural plans of the proposed
above-grade multi-use building and generator. Salt will provide the architectural design
of the above-grade structures.
b) Develop 30-percent structural layout plans for the proposed above-grade multi-use
building to house the electrical and controls, emergency diesel pump, and odor control.
Refine replacement pump selection for the existing sewer pump station. Select an emergency
diesel pump for the multi-use building. Develop 30-percent mechanical plans and elevations.
Develop 30-percent electrical, generator, and telemetry plans. Develop construction phasing
plan for decommissioning the existing electrical control building. Develop 30-percent
electrical building demolition plan. It is assumed that all electrical and control equipment will
remain operational until the multi-use facility has been constructed.
Develop two (2) alternative plans and cost estimates for the preliminary seawall retrofit.
Prepare preliminary cathodic protection design for electrical and odor control building,
emergency storage structure, and second force main. Perform on-site soil resistivity and
potential gradient survey. Perform resistivity and chemical analysis of soil samples. Prepare
materials/corrosion control summary technical memorandum.
From the survey data obtained from potholing and Phase 1, develop a plan for the installation
of a force main valve vault to split the single main leaving the pump station into two. Prepare
plans for the proposed valve vault, including foundation, buoyancy control, pipe support,
hatches, and vault drainage. Develop proposed construction sequencing plan to allow the
main to be tapped or cut into while maintaining operation of the existing pump station.
Prepare preliminary traffic control plans, which will include lane restriction, flagging
requirements, sign placement, and alternative parking locations.
Compile 30-percent plan sheets, perform in-house quality assurance and quality control
(QA/QC) review, and develop preliminary estimate of probable construction cost. Meet with
Salt and Anchor QEA staff to review 30-percent design plans. Submit 30-percent design to
City for review. Meet with City staff to review 30-percent design plans and select seawall
retrofit alternative. Incorporate comments from 30-percent review meetings into the design
plans.
Review design for opportunities to reduce construction costs. Prepare construction
contracting methods, such as additive bid alternatives, to include pump station features that
may need be eliminated because of budget restrictions. Amend Preliminary Engineering
Report prepared in Phase 1 to describe modifications to bring the pump station
improvements within budget and methods to design features removed from the initial
upgrade of the pump station. It is assumed that some of these features could be designed as
separate project(s) at a later date.
Page 88 of 150
City of Port Orchard Amendment No. 3
Marina Pump Station Retrofit Design Exhibit A
Phase 2 – 80-Percent Design and Permitting Assistance Scope of Work
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Assumptions:
• The TESC plan is anticipated to be Small Development TESC per City Development Standards
and does not include Permanent Stormwater Management of Permanent Small Site Controls
because it is assumed those are not requirements of this project.
Provided by City:
• Review and comments on 30-percent plans.
• Meeting attendance at 30-percent plan completion.
RH2 Deliverables:
• One (1) electronic PDF and one (1) copy of materials and corrosion control summary technical
memorandum.
• Three (3) half-size plan sets at the 30-percent design level.
• 30-percent estimate of probable construction cost in PDF format to be emailed to the City.
• Attendance at 30-percent design review meetings.
• One (1) electronic PDF and one (1) copy of amended Preliminary Engineering Report.
Task 7 – Public Involvement
Objective: Provide a neighborhood flyer and attend one (1) public meeting at a City facility to present
the selected sewer pump station location and gather input on public use of the area and concerns
with the selected site.
Approach:
Prepare a neighborhood flyer and provide a PDF copy for the City to reproduce.
Create a schematic site layout of the selected sewer pump station location in full -size poster
format.
Attend one (1) public meeting open house to present information about the selected sewer
pump station location.
Assumptions:
• City will reproduce and mail flyers.
• Public meeting location will be provided by the City and City staff also will be present.
Provided by City:
• Reproduction and mailing of neighborhood flyers.
• Facilitation and attendance at public meeting.
Page 89 of 150
City of Port Orchard Amendment No. 3
Marina Pump Station Retrofit Design Exhibit A
Phase 2 – 80-Percent Design and Permitting Assistance Scope of Work
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RH2 Deliverables:
• Neighborhood flyer via electronic PDF to City.
• Schematic site layout in full-size poster format.
• Attendance at public meeting.
Task 8 – SCADA Evaluation for the Integration of Marina Pump Station
Objective: Evaluate the City’s existing supervisory control and data acquisition (SCADA) system and
control methodology system and provide recommendations for SCADA modifications and control of
the Marina Pump Station.
Approach:
8.1 Evaluate the City’s existing SCADA system and operational control plan.
8.2 Coordinate via phone, email, and one (1) meeting with the City and the City’s selected SCADA
integration provider, Technical Services Incorporated (TSI), to provide recommendations and
implementation for the following features:
• Control algorithms.
• Monitoring of pump station events, alarms, and system data, such as levels, flows,
pressures, and totalizers.
• Secure remote monitoring of system using smartphone, tablet, or computer.
• Alarm notification system for pump station and communication failures.
• Historical database storage and trending to allow for City staff to review station data over
time.
Assumptions:
• It is assumed that the City will use TSI for SCADA integration. TSI will provide a proposal to the
City for the integration (equipment and programming) for the Marina Pump Station. RH2 will
integrate this proposal into the bidding documents listing TSI as the SCADA provider.
Provided by the City:
• Participation in meetings and correspondence regarding the automatic control and
monitoring of Marina Pump Station.
RH2 Deliverables:
• Meeting with the City and TSI to determine preferences and methods to control and monitor
the Marina Pump Station.
• Review and edit of proposal provided by TSI (telemetry block diagram and specifications).
Integration of this proposal into the bidding documents and technical specifications.
Page 90 of 150
City of Port Orchard Amendment No. 3
Marina Pump Station Retrofit Design Exhibit A
Phase 2 – 80-Percent Design and Permitting Assistance Scope of Work
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Task 9 – 80-Percent Plans, Specifications, and Cost Estimate
Objective: Develop 80-percent design plans, specifications, and estimate of probable construction
cost for the sewer pump station, multi-use building, and second force main improvements based on
the decisions made during the 30-percent design.
Approach:
9.1 Prepare 80-percent standard plans.
9.2 Prepare 80-percent site plans, traffic control plans, and details.
9.3 Prepare 80-percent architectural plans and details.
9.4 Prepare 80-percent structural plans and calculations.
a) Develop 80-percent structural layout plans for the proposed emergency generator.
9.5 Prepare 80-percent mechanical plans.
9.6 Prepare 80-percent electrical and telemetry plans.
9.7 Prepare 80-percent seawall retrofit plans.
9.8 Prepare 80-percent cathodic protection plans.
9.9 Prepare 80-percent technical specifications. Technical specifications will be in RH2’s modified
Construction Specifications Institute (CSI) format. Prepare 80-percent front-end and
construction contract documents.
9.10 Prepare 80-percent estimate of probable construction cost.
9.11 Attend one (1) meeting with City staff to review 80-percent plans, construction cost estimate,
and specifications.
9.12 Perform in-house QA/QC review and incorporate comments from the 80-percent review
meetings into the design plans and specifications.
Provided by City:
• Review and comments on 80-percent design plans, construction cost estimate, and
specifications.
• Meeting attendance at 80-percent plan completion.
RH2 Deliverables:
• Three (3) half-size sets of 80-percent design plans.
• One (1) electronic PDF and one (1) paper copy of technical and legal specifications at
80-percent review.
• 80-percent estimate of probable construction cost in PDF format to be emailed to the City.
Page 91 of 150
City of Port Orchard Amendment No. 3
Marina Pump Station Retrofit Design Exhibit A
Phase 2 – 80-Percent Design and Permitting Assistance Scope of Work
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Task 10 – Supplemental Services
Objective: Provide additional services as required by the City.
Approach:
Provide additional services as may be required to complete the project as requested and
authorized by the City. RH2 shall submit a budget estimate for Supplemental Services
requested by the City. The City shall provide written authorization to proceed with any
Supplemental Services.
Assumptions:
• It is assumed that 90-percent and bid-ready design, as well as services during bidding, will be
executed in a future phase upon the completion of 80-percent design.
RH2 Deliverables:
• Budget estimate for supplemental services.
• Other deliverables as requested by the City under the authorization for any supplemental
services.
Page 92 of 150
EXHIBIT B
Fee Estimate
Amendment No. 3
City of Port Orchard
Marina Pump Station Rebuild
Phase 2 – 80-Percent Design and Permitting Assistance
Jul-20
Description Total
Hours Total Labor Total Subconsultant Total Expense Total Cost
Classification
Task 1 Project Management Services 100 20,608$ -$ 955$ 21,563$
Task 2 Additional Data Acquisition 72 13,138$ 38,607$ 1,291$ 53,036$
Task 3 Geotechnical Investigation 17 3,320$ 74,750$ 248$ 78,318$
Task 4 Environmental Permitting 140 25,763$ 139,150$ 5,775$ 170,688$
Task 5 Funding Requirements Support 63 12,114$ -$ 1,265$ 13,379$
Task 6 30-Percent Plans and Cost Estimate 232 46,558$ 49,450$ 3,988$ 99,996$
Task 7 Public Involvement 58 11,688$ -$ 1,122$ 12,810$
Task 8 SCADA Evaluation for the Integration of Marina Pump Station 40 9,520$ -$ 353$ 9,873$
Task 9 80-Percent Plans, Specifications, and Cost Estimate 1027 201,073$ 43,700$ 17,353$ 262,126$
Subtotal Phase 2 – 80-Percent Design and Permitting Assistance Tasks 1749 343,782$ 345,657$ 32,350$ 721,789$
Task 10 Supplemental Services --$ -$ 5,000$ 5,000$
PROJECT TOTAL 1749 343,782$ 345,657$ 37,350$ 726,789$
J:\Data\PO\118-116\Contract\Phase 2\Amend_No. 3_FEE_Phase 2_Marina PS 80p Design.xlsx 7/6/2020 4:17 PM
Page 93 of 150
RATE LIST RATE UNIT
Professional I $149 $/hr
Professional II $163 $/hr
Professional III $179 $/hr
Professional IV $191 $/hr
Professional V $206 $/hr
Professional VI $219 $/hr
Professional VII $238 $/hr
Professional VIII $244 $/hr
Professional IX $244 $/hr
Control Specialist I $135 $/hr
Control Specialist II $147 $/hr
Control Specialist III $161 $/hr
Control Specialist IV $174 $/hr
Control Specialist V $185 $/hr
Control Specialist VI $198 $/hr
Control Specialist VII $214 $/hr
Control Specialist VIII $222 $/hr
Technician I $112 $/hr
Technician II $122 $/hr
Technician III $139 $/hr
Technician IV $150 $/hr
Technician V $163 $/hr
Technician VI $179 $/hr
Technician VII $194 $/hr
Technician VIII $204 $/hr
Administrative I $74 $/hr
Administrative II $86 $/hr
Administrative III $103 $/hr
Administrative IV $122 $/hr
Administrative V $140 $/hr
CAD/GIS System $27.50 $/hr
CAD Plots - Half Size $2.50 price per plot
CAD Plots - Full Size $10.00 price per plot
CAD Plots - Large $25.00 price per plot
Copies (bw) 8.5" X 11"$0.09 price per copy
Copies (bw) 8.5" X 14"$0.14 price per copy
Copies (bw) 11" X 17"$0.20 price per copy
Copies (color) 8.5" X 11"$0.90 price per copy
Copies (color) 8.5" X 14"$1.20 price per copy
Copies (color) 11" X 17"$2.00 price per copy
Technology Charge 2.50%% of Direct Labor
Mileage $0.575
price per mile
(or Current IRS Rate)
Subconsultants 15%Cost +
Outside Services at cost
EXHIBIT C
RH2 ENGINEERING, INC.
2020 SCHEDULE OF RATES AND CHARGES
Rates listed are adjusted annually. Page 94 of 150
ID Task Name Duration Start Finish
1 0. Execute 80-Percent Contract 1 day?Mon 8/3/20 Mon 8/3/20
2 1. Project Management Services 250 days Tue 8/4/20 Mon 7/19/21
3 Prepare Meeting Agendas and Maintain Communication 250 days Tue 8/4/20 Mon 7/19/21
4 Prepare Meeting Minutes 250 days Tue 8/4/20 Mon 7/19/21
5 Prepare Monthly Invoices and Schedule Updates 250 days Tue 8/4/20 Mon 7/19/21
6 Maintain Project Records and Files 250 days Tue 8/4/20 Mon 7/19/21
7 2. Additional Data Acquisition 20 days Tue 8/4/20 Mon 8/31/20
8 Prepare Easements for Potholing 5 days Tue 8/4/20 Mon 8/10/20
9 Coordinate with AES and City for Utility Potholing 3 days Tue 8/4/20 Thu 8/6/20
10 Incorporate Potholing Data into Existing Site Plan 2 days Fri 8/7/20 Mon 8/10/20
11 Prepare Permanent Easement and Amendment 3 days Tue 8/11/20 Thu 8/13/20
12 Observe Seawall Inspection and Provide Report 20 days Tue 8/4/20 Mon 8/31/20
13 Monitor and Record Gas Phase in Wet Well 20 days Tue 8/4/20 Mon 8/31/20
14 3. Geotechnical Investigation 35 days Tue 8/4/20 Mon 9/21/20
15 Coordinate with Anchor QEA to Conduct Geologic Investigations 5 days Tue 8/4/20 Mon 8/10/20
16 Prepare Geotechnical Report 30 days Tue 8/11/20 Mon 9/21/20
17 4. Enivronmental Permitting 261 days Thu 9/24/20 Thu 9/23/21
18 Prepare for and Attend Pre-Application Meeting 30 days Thu 9/24/20 Wed 11/4/20
19 Prepare SERP, SEPA, and NEPA and Submit to Ecology 120 days Thu 9/24/20 Thu 1/21/21
20 Prepare SSDP Application and Attend Hearing 180 days Thu 9/24/20 Mon 3/22/21
21 Prepare and Submit Conditional Use Permit 180 days Thu 9/24/20 Mon 3/22/21
22 Prepare and Submit for CAO Compliance 180 days Thu 9/24/20 Mon 3/22/21
23 Prepare SDP/LDAP and Submit to City 180 days Thu 9/24/20 Mon 3/22/21
24 Prepare ERD/SWPPP and Submit to City 180 days Thu 9/24/20 Mon 3/22/21
25 Coordinate with City on ROW Use Permit 30 days Thu 9/24/20 Wed 11/4/20
26 Prepare and Submit Demolition and Building Permits 120 days Thu 9/24/20 Thu 1/21/21
27 Prepare and Submit JARPA to WDFW and City 365 days Thu 9/24/20 Thu 9/23/21
28 Prepare and Submit NOI under NPDES CSGP 365 days Thu 9/24/20 Thu 9/23/21
29 Prepare and Submit CR 120 days Thu 9/24/20 Thu 1/21/21
30 Prepare and Submit BA 365 days Thu 9/24/20 Thu 9/23/21
31 Prepare and Submit PIDP 120 days Thu 9/24/20 Thu 1/21/21
32 Prepare and Submit Navigable Large Water Bodies Permit 120 days Thu 9/24/20 Thu 1/21/21
33 5. Funding Requirements Support 250 days Tue 8/4/20 Mon 7/19/21
34 Prepare Quarterly PRPR Submittals for the City 250 days Tue 8/4/20 Mon 7/19/21
35 Coordinate and Provide SAM Reports 250 days Tue 8/4/20 Mon 7/19/21
36 Provide Ecology with Updated Schedule 2 days Tue 8/4/20 Wed 8/5/20
37 6. 30-Percent Plans and Cost Estimate 37 days Tue 8/4/20 Wed 9/23/20
38 Prepare Design Criteria Checklist and Meet with City 5 days Tue 8/4/20 Mon 8/10/20
39 Develop Cover and General Notes Sheets 3 days Tue 8/11/20 Thu 8/13/20
40 Develop Site, TESC, and Grading Plans 3 days Tue 8/11/20 Thu 8/13/20
41 Develop Landscaping Plans 15 days Tue 8/11/20 Mon 8/31/20
42 Prepare Architectural and Structural Design Plans 5 days Tue 8/11/20 Mon 8/17/20
43 Refine Pump Selection and Prepare Mechanical Design Plans 5 days Tue 8/11/20 Mon 8/17/20
44 Prepare Electrical, Generator, and Telemetry Plans 10 days Tue 8/11/20 Mon 8/24/20
45 Develop Two (2) Alternatives for Seawall Retrofit 15 days Tue 9/1/20 Mon 9/21/20
46 Perform Cathodic Protection Analysis and Prepare Tech Memo 15 days Tue 9/1/20 Mon 9/21/20
47 Prepare Force Main Valve Vault Plans 5 days Tue 8/11/20 Mon 8/17/20
48 Prepare Traffic Control Plans 5 days Tue 8/11/20 Mon 8/17/20
49 Submit 30-Percent Plans and Estimate and Meet with City 2 days Tue 9/22/20 Wed 9/23/20
50 Amend Report with Lower Construction Costs 3 days Tue 8/4/20 Thu 8/6/20
51 7. Public Involvement 5 days Thu 9/24/20 Wed 9/30/20
52 Prepare Neighborhood Flyer 5 days Thu 9/24/20 Wed 9/30/20
53 Create Schematic Site Layout in Poster Format 2 days Thu 9/24/20 Fri 9/25/20
54 Attend One Public Meeting 1 day Mon 9/28/20 Mon 9/28/20
55 8. SCADA Evaluation for the Integration of Marina Pump Station 18 days Thu 9/24/20 Mon 10/19/20
56 Evaluate City's Existing SCADA System 3 days Thu 9/24/20 Mon 9/28/20
57 Coordinate with City and TSI and Provide Recommendations 15 days Tue 9/29/20 Mon 10/19/20
58 9. 80-Percent Plans, Specifications, and Cost Estimate 89 days Thu 9/24/20 Tue 1/26/21
59 Prepare 80-Percent Standard Plans 10 days Thu 9/24/20 Wed 10/7/20
60 Prepare 80-Percent Site Plans, Traffic Control Plans, and Details 10 days Thu 9/24/20 Wed 10/7/20
61 Prepare 80-Percent Architectural Plans and Details 60 days Thu 9/24/20 Wed 12/16/20
62 Prepare 80-Percent Structural Plans and Calculations 60 days Thu 9/24/20 Wed 12/16/20
63 Prepare 80-Percent Mechanical Plans 60 days Thu 9/24/20 Wed 12/16/20
64 Prepare 80-Percent Electrical and Telemetry Plans 45 days Tue 10/20/20 Mon 12/21/20
65 Prepare 80-Percent Seawall Retrofit Plans 30 days Thu 9/24/20 Wed 11/4/20
66 Prepare 80-Percent Cathodic Protection Plans 30 days Thu 9/24/20 Wed 11/4/20
67 Prepare 80-Percent Technical and Legal Specifications 60 days Thu 9/24/20 Wed 12/16/20
68 Prepare 80-Percent Estimate of Probable Construction Cost 10 days Tue 12/22/20 Mon 1/4/21
69 Attend Meeting with City Staff to Review 80-Percent Design 1 day Tue 1/5/21 Tue 1/5/21
70 Perform In-House QA/QC and Incorporate Review Comments 15 days Wed 1/6/21 Tue 1/26/21
31 7 14 21 28 5 12 19 26 2 9 16 23 30 6 13 20 27 4 11 18 25 1 8 15 22 29 6 13 20 27 3 10 17 24 31 7 14 21 28 7 14 21 28 4 11 18 25 2 9 16 23 30 6 13 20 27 4 11 18 25 1 8 15 22 29 5 12 19 26
Jun '20 Jul '20 Aug '20 Sep '20 Oct '20 Nov '20 Dec '20 Jan '21 Feb '21 Mar '21 Apr '21 May '21 Jun '21 Jul '21 Aug '21 Sep '21 Oct '21
Task Summary Project Summary
Page 1
Project: Phase_2_Marina_Pump_
Date: Mon 7/6/20
EXHIBIT D
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City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Business Item 7H Meeting Date: July 28, 2020
Subject: Adoption of a Resolution Approving a Contract Prepared by: Mark Dorsey, P.E.
with Goldsmith Land Development Services, Public Works Director
Inc. for the McCormick Ridge Dam Safety Atty Routing No: N/A
Upgrade Project Atty Review Date: N/A
Summary: In 2009 the City assumed ownership of the McCormick Ridge plat via annexation. As part of this
annexation, the City assumed ownership of the McCormick Ridge Dam, located in the northeast corner of the
McCormick Ridge development. McCormick Ridge Dam is a large earthen impoundment created by the developer
for stormwater management of the plat. The dam was classified in December 2018 as a high hazard dam by the
Washington State Department of Ecology’s Dam Safety Program due to its proximity to high density housing
downstream of its northern embankment. As owner of the dam, the City is responsible for its operation and
maintenance, as well as maintaining all documentation associated with operation of a dam. Since the dam
classification has changed the City needs to update engineering and geotechnical assessments, as well as update all
Dam Safety documentation.
On June 19th, 2020 pursuant to RCW 39.04.155, the City of Port Orchard Public Works Department established a list
of qualified contractors from the 2020 MRSC Consultant Roster. On July 10th, 2020 Public Works staff selected three
qualified bidders from this roster for scoring. Results of scoring ranked Goldsmith Land Development Services Inc. as
the highest qualified firm to conduct engineering services for the Dam Safety Upgrade Project. Goldsmith Land
Development Services Inc. submitted a viable proposal and cost estimate of $43,681.00 to complete this project.
Recommendation: Staff recommends that the City Council adopt a Resolution authorizing the Mayor to execute
Contract 064-20, allowing Goldsmith Land Development Inc. to conduct their assessment of the facility and
generate the needed documents, designs and renderings to update the Dam Safety Documentation for the
McCormick Ridge Dam.
Relationship to Comprehensive Plan: N/A
Motion for Consideration: I move to adopt a Resolution, thereby authorizing the Mayor or designee to execute
Contract No. 064-20 With Goldsmith Land Development Services Inc. for the McCormick Ridge Dam Safety
Upgrades Project.
Fiscal Impact: If authorized, the 2019-2020 Biennial budget has allocated $43,681.00 for this activity
Alternatives: None
Attachments: Resolution, Exhibit A, and Contract.
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RESOLUTION NO. 030-20
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING
ARCHITECTURAL AND ENGINEERING SERVICES CONTRACT NO. 064-20 WITH
GOLDSMITH LAND DEVELOPMENT SERVICES INC. FOR THE MCCORMICK RIDGE
DAM SAFETY UPGRADES PROJECT AND DOCUMENTING THE ARCHITECTURAL
AND ENGINEERING CONSULTANT ROSTER PROCUREMENT PROCEDURES.
WHEREAS, as performed annually since 2013, the Municipal Research and Services
Center of Washington (MRSC) solicited on behalf of participating local government agencies
within Washington State (including the City of Port Orchard), for the 2020 MRSC Consultant
Roster; and
WHEREAS, on June 19th, 2020, pursuant to RCW Ch. 39.80 and RCW 39.04.155, the
City’s Public Works Department established a list of qualified contractors from the 2020 MRSC
Consultant Roster (see Exhibit A attached) for the Main Category – Engineering Services,
Environmental Consulting and Sub-Category – Civil Engineering, Environmental Engineering,
Geotechnical Engineering, Seismic Assessment and Evaluation, Floodplain Analysis/Mapping,
Geohazards Identification and Analysis and Geology; and
WHEREAS, on July 10, 2020 and pursuant to Resolution No. 019-17, Section 5.0 Bid
Procedures, the City’s Public Works Department selected three qualified firms from the June
19th, 2020 established list (see Exhibit A attached); and
WHEREAS, the City’s Public Works Department then scored and selected Goldsmith
Land Development Services, Inc. for the McCormick Ridge Dam Safety Upgrades Project, having
been determined as the most qualified professional services engineering firm; and
WHEREAS, on July 15th, 2020, the City’s Public Works Department received a viable
Project Proposal (Scope, Budget and Timeline) from Goldsmith Land Development Services Inc.;
and
WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State
Auditor’s Office, wishes to document their selection/procurement process as described above
for this particular contract by Resolution; now, Therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above
are hereby adopted and incorporated as findings in support of this Resolution.
Page 99 of 150
Resolution No. ___
Page 2 of 2
THAT: The City Council approves and authorizes the Mayor to execute Contract No.
064-20 with Goldsmith Land Development Services Inc. for the McCormick Ridge Dam
Safety Upgrades Project.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and
attested by the City Clerk in authentication of such passage on this 28th day of July 2020.
____________________________________
Robert Putaansuu, Mayor
ATTEST:
____________________________
Brandy Rinearson, MMC, City Clerk
Page 100 of 150
Public Agency Name:City of Port Orchard
Roster Type:Consultant Roster
Date:06/19/2020
Time:01:56 pm
Main-Category:Engineering Services, Environmental Consulting
Sub-Category:Civil Engineering, Environmental Engineering, Geotechnical Engineering, Seismic Assessment and
Evaluation, Floodplain Analysis/Mapping, Geohazards Identification and Analysis, Geology
Consultant Roster Businesses:
4LEAF, Inc
Adekoya Business Consulting LLC
AES Consultants, Inc.
AGR Management Group, Inc.
AHBL, Inc.
Akana
Alta Planning + Design
American Aviation Professionals Inc.
Anchor QEA, LLC
Apex Companies, LLC
Apex Engineering
Apex Engineering
Applied Pavement Technology, Inc.
Aqua-Terr Systems, Inc. (ATSI)
Aqua Tech , llc
Art Anderson Associates
Aspect Consulting, LLC
Assessment Associates, Inc.
Associated Earth Sciences, Inc.
ATC Group Services, LLC
BCE Engineers, Inc.
BCRA, Inc
Berona Engineers, Inc.
Beyler Consulting, LLC
BHC Consultants
Blue Coast Engineering LLC
Blueline
Blue Trident, LLC
Botesch, Nash & Hall Architects P.S.
Bridgeview Consulting, LLC
Brown and Caldwell
Burns & McDonnell
Bush, Roed & Hitchings, Inc.
Canyon Environmental Group
Cardno
Carollo Engineers. Inc.
Cascadia Consulting Group
CDM Smith
Century West Engineering
CG Engineering PLLC
CHS Engineers
Chudgar Engineering Company
CivilTech Engineering, Inc.
Clear Creek Solutions, Inc
Clearway Environmental LLC
CM Design Group, LLC
Coast & Harbor Engineering, A Division of Mott MacDonald
Coastal Geologic Services, Inc.
Code Unlimited LLC
Coffman Engineers
Coffman Engineers
Coho Water Resources
Collins & Associates
Collins Engineers, Inc.
Confluence Engineering Group LLC
EXHIBIT A
Page 101 of 150
Confluence Environmental Company
Con Serve Inc dba Thornton Land Surveying
CONSOR Engineers, LLC
Construction Testing Laboratories, Inc.
Contour Engineering, LLC
COWI North America Inc.
CPH Consultants
Cramer Fish Sciences
CRETE Consulting Inc
CRW Engineering Group, LLC
Dahle Engineering, LLC
D A Hogan & Associates, Inc.
Dalton, Olmsted & Fuglevand, Inc.
Daramola, Inc.
Davey Resource Group, Inc.
David Evans and Associates, Inc.
Davido Consulting Group, Inc.
DCI Engineers
Delphis Technical Support and Solutions, LLC
design2 LAST, inc
DH Environmental, Inc.
DHP Engineering, PS
DKS Associates
DLR Group
DN Traffic Consultants
DOWL LLC, D.B.A. DOWL
Dragon Analytical Laboratory
Dudek
Duncanson Company, Inc.
EA Engineering, Science, and Technology, Inc., PBC
Echelon Engineering, Inc.
EcoAssets
Ecological Land Services, Inc.
Ecolution, LLC
ECONorthwest
EES Consulting, Inc.
EHS-International, Inc.
Electric Power Systems, Inc.
Element Solutions
Elevator Consulting Services, Inc.
EnCo Environmental Corporation
Encompass Engineering & Surveying
Encore Environmental, LLC
EN Engineering LLC
Energy Northwest
Engineering/Remediation Resources Group, Inc. (ERRG)
Entitlement and Engineering Solutions, Inc.
Epic Land Solutions, Inc.
Erickson Structural Consulting Engineers, PC
ESA
ESVELT ENVIRONMENTAL ENGINEERING LLC
Evermost LLC
Exeltech Consulting, Inc.
Fain Environmental LLC
Fehr & Peers
Fisheries Engineers, Inc.
Floyd|Snider
Forman Consulting Services
Four Peaks Environmental Science & Data Solutions
Freestone Environmental Services, Inc.
FREIHEIT Architecture
Fulcrum Environmental Consulting, Inc.
GeoDesign, Inc., An NV5 Company
GeoEngineers Inc.
Page 102 of 150
GEO Group Northwest, Inc.
GeoResources, LLC
Geotechnical Resources, Inc.
GeoTerra, Inc.
GHD Inc.
Golder Associates Inc.
Goldsmith
Gray and Osborne, Inc.
Greene Economics LLC
Gregory Geologic
Grette Associates LLC
Group Four, Inc.
Hainline
Hanson Professional Services Inc.
Harmsen, LLC
Harper Houf Peterson Righellis Inc.
HARRIS ENVIRONMENTAL GROUP, INC.
Harris Group Inc.
Hart Crowser
HDR Engineering, Inc.
Hemphill Water Engineering, LLC
Herrera Environmental Consultants, Inc.
HMA Engineering
Huitt-Zollars, Inc.
Huitt-Zollars, Inc.
HWA GeoSciences Inc.
HydroCon Environmental LLC
ICF Jones & Stokes, Inc.
IDAX
Impact Design
Informed Land Survey
Insight Geologic, Inc.
Integral Consulting Inc.
Inter-Fluve, Inc.
Jacobs Engineering Group Inc.
JCH Consulting & Engineering PLLC
JECB
Jepson & Associates, PS
Jerome W. Morrissette & Associates Inc., P.S.
JR MILLER & ASSOCIATES INC
Kane Environmental, Inc.
KBA, Inc.
Keller Associates, Inc.
Kennedy Jenks
Key Environmental Solutions, LLC.
Kindred Hydro, Inc.
King Technologics, PLLC
Kleinfelder
KPFF Consulting Engineers
KPG
Krazan & Associates, Inc
Landau Associates
Land Development Consultants, Inc.
Larson & Associates, Inc.
Local Planning Solutions
Lochner (H.W. Lochner)
Logan Simpson
Loving Engineering & Consulting, P.S. Inc.
LPD Engineering PLLC
MacKay Sposito
Mackenzie
Marine Surveys & Assessments
Materials Testing & Consulting, Inc. - Olympia
Materials Testing and Consulting, Inc.
Page 103 of 150
Maul Foster & Alongi, Inc.
Mead & Hunt, Inc.
MENG Analysis
MICHAEL F. WNEK, PE., PS
MIG, Inc.
Migizi Group, Inc.
MLA Engineering, LLC
Moffatt & Nichol
Montrose Air Quality Services, LLC
Morrison-Maierle
Mott MacDonald
Murraysmith
NEWFIELDS SEDIMENT MANAGEMENT & MARINE SCIENCE
Nicholls Kovich Engineering, PLLC
Northwest Hydraulic Consultants
Northwest Land & Water, Inc
Northwest Water Systems
Norton Corrosion Limited
NV5, Inc.
NWFF Environmental
OAC Services, Inc.
Osborn Consulting Inc
Otak, Inc.
Otto Rosenau & Associates, Inc.
PACE Engineers, Inc.
Pacific Engineering & Design, PLLC
Pacific Groundwater Group
Pacific Rim Environmental, Inc.
Pacific Surveying and Engineering Services
Pacific Testing & Inspection Inc.
PACLAND - Seattle, P.C.
Palouse Environmental Services, LLC
PanGEO Incorporated
Parametrix
PBS Engineering and Environmental Inc.
PCS Structural Solutions
PC Trask and Associates, Inc.
Perteet Inc.
Peterson Strehle Martinson, Inc.
Peterson Structural Engineers
PH Consulting LLC
Plateau Geoscience Group LLC
PND Engineers, Inc.
POWER Engineers, Inc.
PSI- Professional Service Industries
Puget Environmental PLLC
Quanta Utility Engineering Services
R2 Resource Consultants, Inc.
Raedeke Associates, Inc.
Ramboll
Red Barn Engineering, Inc.
Reichhardt & Ebe Engineering, Inc.
Reid Middleton, Inc.
RH2 Engineering, Inc
RHC Engineering Inc.
Rice Fergus Miller
Richaven Architecture & Preservation
Robinson Noble, Inc.
Rock Project Management Services, L.L.C.
Sage Conservation
Salaga Design, LLC
Sargent Engineers, Inc.
Sazan Group, Inc.
SCBC Engineering, PLLC
Page 104 of 150
SCE, Inc.
SCJ Alliance
SCS Engineers
Seahurst Electric, Inc.
Sealaska Technical Services
Shannon & Wilson, Inc.
Siskowet Enterprises, LLC
Sitts & Hill Engineers, Inc.
Skillings, Inc.
SoundEarth Strategies, Inc.
Soundview Consultants LLC
Soundwest Engineering Associates
SRT Consultants
Staaleson Engineering, PC
Staheli Trenchless Consultants, Inc.
Stantec
Stell
Stratum
Struck Environmental, Inc.
SubTerra, Inc
SWCA Environmental Consultants
Swenson Say Faget
T-O Engineers
Terracon Consultants, Inc.
Terraphase Engineering Inc.
TerraSond Limited
Terra Verde Environmental Consulting
TerraVista NW, LLC
Tetra Tech, Inc.
The Greenbusch Group, Inc.
The Riley Group, Inc.
The Watershed Company
TIG Environmental
Toole Design Group LLC
Transpo Group
TRANSPORTATION ENGINEERING NORTHWES
TranTech Engineering, LLC
TRC Environmental Corporation
TripleNet Technologies, Inc.
United Engineering, Inc.
V+M Structural Design, Inc.
Varius Inc.
Vector Engineering, Inc.
Vikek Environmental Engineers, LLC
W.E.S. Landscape Architecture
Waterfall Engineering, LLC
Watershed Science and Engineering Inc
WEST Consultants, Inc.
WestSound Engineering, Inc.
White Shield, Inc.
WHPacific, Inc.
Wilson Engineering, LLC
Windsor Engineers
Windward Environmental LLC
Wiss, Janney, Elstner Associates, Inc.
Wood
WRK Engineers
WSP USA Inc.
Zipper Geo Associates, LLC
Page 105 of 150
City of Port Orchard and Hugh G. Goldsmith & Associates, Inc
Professional Service Agreement Contract No. C064-20
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CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT
THIS Agreement is made effective as of July 28, 2020, by and between the City of Port Orchard,
a municipal corporation, organized under the laws of the State of Washington, whose address is:
CITY OF PORT ORCHARD, WASHINGTON (hereinafter the “CITY”)
216 Prospect Street
Port Orchard, Washington 98366
Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029
And Hugh G. Goldsmith & Associates, a Corporation, organized under the laws of the State of
Washington, doing business at:
Hugh G. Goldsmith & Associates, Inc (hereinafter the “CONSULTANT”)
1215 114th Avenue SE
Bellevue, WA 98004
Contact: Lee Nyquist Phone:425.462.1080 Email: lnyquist@goldsmithengineering.com
for professional services in connection with the following Project:
McCormick Ridge Dam Safety Upgrades
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 "A." The services performed by the Consultant shall not exceed the Scope of Work
without prior written authorization from the City.
B. The City may from time to time require changes or modifications in the Scope of Work.
Such changes, including any decrease or increase in the amount 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 “A” 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.
B. The Consultant is authorized to proceed with services upon receipt of a written Notice to
Proceed.
3. Terms. This Agreement shall commence on July 28, 2020, Commencement Date”) and shall
terminate December 31, 2020 unless extended or terminated in writing as provided herein. The
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City reserves the right to offer two (2) one-year extensions prior to contract expiration to
retain the selected company’s services.
4. Compensation.
TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed
$43,681.00 without written authorization and will be based on the list of billing rates and
reimbursable expenses attached hereto as Exhibit “A.”
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.
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
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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.
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.
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
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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.
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,
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Professional Service Agreement Contract No. C064-20
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including all legal costs and attorneys’ fees, arising out of or resulting from the 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.
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.
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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 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’s insurance shall be endorsed to state that coverage shall not be
cancelled by either party, except after thirty (30) days prior written notice by certified
mail, return receipt requested, has been given to the City.
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.
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.
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.
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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
Hugh G. Goldsmith & Associates, Inc
Attn: Lee Nyquist
1215 114th Ave SE
Bellevue, WA 98004
Phone: 425.462.1080
Fax: 425.462.7719
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.
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
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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
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.
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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.
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: _______________________________
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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).
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City of Port Orchard
McCormick North Phase I Dam Safety Review
DSO File # KP15-1891
Goldsmith Job # 19236
Goldsmith Staff
Billing Rate $210 $179 $168 $163 $180 $130 $142 $126 $116
Phase & Task Description Hours Fee Hours Fee Hours Fee Hours Fee Hours Fee Hours Fee Hours Fee Hours Fee Hours Fee Hours Fee
1.Establish survey control and install benchmarks 0 $0 2 $358 2 $336 8 $1,304 20 $3,600 0 $0 0 $0 $0 16 $1,856 48 $7,454
Coord. location, establish benchmarks and elevate and
map.
2.Site Visits $0 4 $716 8 $1,344 0 $0 $0 $0 8 $1,136 $0 $0 20 $3,196
To assist in determining downstream flow path and
inundation area
3.Update Hydrology and Hydraulic analy to current DSO 0 $0 0 $0 24 $4,032 $0 0 $0 0 $0 32 $4,544 0 $0 $0 56 $8,576
4 New inundation mapping for downstream flowpath 0 $0 4 $716 4 $672 0 $0 0 $0 0 $0 16 $2,272 24 $3,024 0 $0 48 $6,684
Off-site design plan research
LiDAR Mapping and inundation analysis
5.Complete Report 0 $0 1 $179 40 $6,720 0 $0 0 $0 0 $0 0 $0 16 $2,016 0 $0 57 $8,915
Findings and Recommendations
Updated inundation mapping
6.General coordination and consultation 0 $0 8 $1,432 16 $2,688 0 $0 $0 20 $3,600 8 $1,136 $0 0 $0 32 $8,856
Estimated as 2 meetings with City and Geotech
Additonal 2 coordination efforts with Geotech
Reimbursables Budget:
Total Engineering Services 0 $0 19 $3,401 94 $15,792 8 $1,304 20 $3,600 20 $3,600 64 $9,088 40 $5,040 16 $1,856 261 $43,681
DraftingSurvey Crew E.I.T.Survey
Control/MappingPMPE, Hydrologist Design
Technician
E. Crispin
Subtotal
L. Nyquist S. Pasztor H. Werlinger
Principal
Oversight
K. Goldsmith
Entitlement
Coordn
T. ClementsB. Fields M. Barber
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City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Business Item 7I Meeting Date: July 28, 2020
Subject: Adoption of a Resolution Approving a Contract Prepared by: Mark Dorsey, P.E.
with Terra Associates, Inc. for Geotechnical Public Works Director
Assessment of the McCormick Ridge Dam Atty Routing No: N/A
Safety Upgrade Project Atty Review Date: N/A
Summary: In 2009 the City assumed ownership of the McCormick Ridge plat via annexation. As part of this
annexation, the City assumed ownership of the McCormick Ridge Dam, located in the northeast corner of the
McCormick Ridge development. McCormick Ridge Dam is a large earthen impoundment created by the
developer for stormwater management of the plat. The dam was classified in December 2018 as a high hazard
dam by the Washington State Department of Ecology’s Dam Safety Program due to its proximity to high density
housing downstream of its northern embankment. As owner of the dam, the City is responsible for its
operation and maintenance, as well as maintaining all documentation associated with operation of a dam.
Since the dam classification has changed the City needs to update engineering and geotechnical assessments,
as well as update all Dam Safety documentation.
On June 19th, 2020 pursuant to RCW 39.04.155, the City of Port Orchard Public Works Department established
a list of qualified contractors from the 2020 MRSC Consultant Roster. On July 10th, 2020 Public Works staff
selected three qualified bidders from this roster for scoring. Results of scoring ranked Terra Associates Inc. as
the highest qualified firm to conduct geotechnical assessments for the Dam Safety Upgrade Project. Terra
Associates Inc. submitted a viable proposal and cost estimate of $5,900.00 for this project.
Recommendation: Staff recommends that the City Council adopt a Resolution authorizing the Mayor to
execute Contract 065-20, allowing Terra Associates Inc. to conduct their geotechnical assessment of the
facility and generate the needed documentation and reports to update the Dam Safety Documentation for
the McCormick Ridge Dam.
Relationship to Comprehensive Plan: N/A
Motion for Consideration: I move to adopt a Resolution, thereby authorizing the Mayor or designee to
execute Contract No. 065-20 With Terra Associates Inc. for the McCormick Ridge Dam Safety Upgrades
Project.
Fiscal Impact: If authorized, the 2019-2020 Biennial budget has allocated $5,900 for this activity
Alternatives: None
Attachments: Resolution, Exhibit, and Contract.
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RESOLUTION NO. 031-20
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING
ARCHITECTURAL AND ENGINEERING SERVICES CONTRACT NO. 065-20 WITH
TERRA ASSOCIATES INC. FOR GEOTECHNICAL REVIEW AND EVALUATION OF
THE MCCORMICK RIDGE DAM SAFETY UPGRADES PROJECT AND
DOCUMENTING THE ARCHITECTURAL AND ENGINEERING CONSULTANT
ROSTER PROCUREMENT PROCEDURES.
WHEREAS, as performed annually since 2013 the Municipal Research and Services
Center of Washington (MRSC) solicited on behalf of participating local government agencies
within Washington State (including the City of Port Orchard), for the 2020 MRSC Consultant
Roster; and
WHEREAS, on July 7th, 2020, pursuant to RCW Ch. 39.50 and RCW 39.04.155, the City’s
Public Works Department established a list of qualified contractors from the 2020 MRSC
Consultant Roster (see Exhibit A attached) for the Main Category –Engineering Services,
Environmental Consulting and Sub-Category – Geotechnical Engineering, Geotechnical
Investigations; and
WHEREAS, on July 10, 2020 and pursuant to Resolution No. 019-17, Section 5.0 Bid
Procedures the City’s Public Works Department selected three qualified firms from the July 7th,
2020 established list (see Exhibit A attached); and
WHEREAS, the City’s Public Works Department then scored and selected Terra
Associates Inc. for the geotechnical review and evaluation of the McCormick Ridge Dam Safety
Upgrades Project, having been determined as the most qualified professional geotechnical
services engineering firm; and
WHEREAS, on July 15th, 2020, the City’s Public Works Department received a viable
Project Proposal (Scope, Budget and Timeline) from Terra Associates Inc.; and
WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State
Auditor’s Office, wishes to document their selection/procurement process as described above
for this particular contract by Resolution; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above
are hereby adopted and incorporated as findings in support of this Resolution.
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Resolution No. ___
Page 2 of 2
THAT: The City Council approves and authorizes the Mayor to execute Contract No.
065-20 with Terra Associates Inc. for the Geotechnical review and Evaluation of the
McCormick Ridge Dam Safety Upgrades Project.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and
attested by the City Clerk in authentication of such passage on this 28th day of July 2020.
____________________________________
Robert Putaansuu, Mayor
ATTEST:
____________________________
Brandy Rinearson, MMC, City Clerk
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Public Agency Name:City of Port Orchard
Roster Type:Consultant Roster
Date:07/07/2020
Time:12:36 pm
Main-Category:Engineering Services, Environmental Consulting
Sub-Category:Geotechnical Engineering, Geotechnical Investigations
Consultant Roster Businesses:
Adekoya Business Consulting LLC
AGR Management Group, Inc.
Apex Companies, LLC
Aspect Consulting, LLC
Assessment Associates, Inc.
Associated Earth Sciences, Inc.
ATC Group Services, LLC
Blue Trident, LLC
Cascadia Consulting Group
CDM Smith
Coho Water Resources
Construction Testing Laboratories, Inc.
COWI North America Inc.
CRETE Consulting Inc
CRW Engineering Group, LLC
Delphis Technical Support and Solutions, LLC
DOWL LLC, D.B.A. DOWL
Dragon Analytical Laboratory
EA Engineering, Science, and Technology, Inc., PBC
EcoAssets
Ecolution, LLC
EHS-International, Inc.
Element Solutions
Engineering/Remediation Resources Group, Inc. (ERRG)
Floyd|Snider
Fulcrum Environmental Consulting, Inc.
GeoDesign, Inc., An NV5 Company
GeoEngineers Inc.
GEO Group Northwest, Inc.
GeoResources, LLC
Geotechnical Resources, Inc.
GHD Inc.
Golder Associates Inc.
Gray and Osborne, Inc.
Hart Crowser
HDR Engineering, Inc.
HWA GeoSciences Inc.
HydroCon Environmental LLC
Impact Design
Insight Geologic, Inc.
Jacobs Engineering Group Inc.
JECB
Jerome W. Morrissette & Associates Inc., P.S.
Kane Environmental, Inc.
Kindred Hydro, Inc.
Kleinfelder
KPG
Krazan & Associates, Inc
Landau Associates
Materials Testing & Consulting, Inc. - Olympia
Materials Testing and Consulting, Inc.
MICHAEL F. WNEK, PE., PS
Migizi Group, Inc.
Montrose Air Quality Services, LLC
NEWFIELDS SEDIMENT MANAGEMENT & MARINE SCIENCE
NV5, Inc.
EXHIBIT A
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NWFF Environmental
Otto Rosenau & Associates, Inc.
Pacific Groundwater Group
Pacific Surveying and Engineering Services
Pacific Testing & Inspection Inc.
PACLAND - Seattle, P.C.
PanGEO Incorporated
PBS Engineering and Environmental Inc.
Peninsula Environmental Group, Inc
Plateau Geoscience Group LLC
PSI- Professional Service Industries
Quanta Utility Engineering Services
RH2 Engineering, Inc
Robinson Noble, Inc.
Salaga Design, LLC
Seahurst Electric, Inc.
Sealaska Technical Services
Shannon & Wilson, Inc.
Sound Environmental Solutions, Inc.
Staheli Trenchless Consultants, Inc.
Stantec
Stratum
SubTerra, Inc
SWCA Environmental Consultants
Terra Associates, Inc.
Terracon Consultants, Inc.
Terraphase Engineering Inc.
TerraSond Limited
Tetra Tech, Inc.
The Riley Group, Inc.
TIG Environmental
United Engineering, Inc.
WEST Consultants, Inc.
White Shield, Inc.
Wood
WSP USA Inc.
Zipper Geo Associates, LLC
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CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT
THIS Agreement is made effective as of July 28, 2020, by and between the City of Port Orchard,
a municipal corporation, organized under the laws of the State of Washington, whose address is:
CITY OF PORT ORCHARD, WASHINGTON (hereinafter the “CITY”)
216 Prospect Street
Port Orchard, Washington 98366
Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029
And TERRA ASSOCIATES INC., a Corporation, organized under the laws of the State of
Washington, doing business at:
Terra Associates, Inc (hereinafter the “CONSULTANT”)
12220-113th Avenue NE Ste 130
Kirkland, WA 98034
Contact: TED SCHEPPER Phone:425.821.7777 Email: tschepper@terra-associates.com
for professional services in connection with the following Project:
McCormick Ridge Dam Safety Upgrades
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 "A." The services performed by the Consultant shall not exceed the Scope of Work
without prior written authorization from the City.
B. The City may from time to time require changes or modifications in the Scope of Work.
Such changes, including any decrease or increase in the amount 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 “A” 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.
B. The Consultant is authorized to proceed with services upon receipt of a written Notice to
Proceed.
3. Terms. This Agreement shall commence on July 28, 2020(“Commencement Date”) and shall
terminate December 31, 2020 unless extended or terminated in writing as provided herein. The
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City reserves the right to offer two (2) one-year extensions prior to contract expiration to
retain the selected company’s services.
4. Compensation.
TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed
$5,900.00 without written authorization and will be based on the list of billing rates and
reimbursable expenses attached hereto as Exhibit “A.”
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.
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
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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.
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.
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
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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.
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,
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including all legal costs and attorneys’ fees, arising out of or resulting from the 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.
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.
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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 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’s insurance shall be endorsed to state that coverage shall not be
cancelled by either party, except after thirty (30) days prior written notice by certified
mail, return receipt requested, has been given to the City.
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.
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.
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:
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Robert Putaansuu
Mayor
216 Prospect Street
Port Orchard, WA 98366
Phone: 360.876.4407
Fax: 360.895.9029
Hugh G. Goldsmith & Associates, Inc
Attn: Lee Nyquist
1215 114th Ave SE
Bellevue, WA 98004
Phone: 425.462.1080
Fax: 425.462.7719
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.
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
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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
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
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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.
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: _______________________________
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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).
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City of Port Orchard
McCormick North Phase I Dam Safety Review
DSO File # KP15-1891
Goldsmith Job # 19236
Goldsmith Staff
Billing Rate $210 $179 $168 $163 $180 $130 $142 $126 $116
Phase & Task Description Hours Fee Hours Fee Hours Fee Hours Fee Hours Fee Hours Fee Hours Fee Hours Fee Hours Fee Hours Fee
1.Establish survey control and install benchmarks 0 $0 2 $358 2 $336 8 $1,304 20 $3,600 0 $0 0 $0 $0 16 $1,856 48 $7,454
Coord. location, establish benchmarks and elevate and
map.
2.Site Visits $0 4 $716 8 $1,344 0 $0 $0 $0 8 $1,136 $0 $0 20 $3,196
To assist in determining downstream flow path and
inundation area
3.Update Hydrology and Hydraulic analy to current DSO 0 $0 0 $0 24 $4,032 $0 0 $0 0 $0 32 $4,544 0 $0 $0 56 $8,576
4 New inundation mapping for downstream flowpath 0 $0 4 $716 4 $672 0 $0 0 $0 0 $0 16 $2,272 24 $3,024 0 $0 48 $6,684
Off-site design plan research
LiDAR Mapping and inundation analysis
5.Complete Report 0 $0 1 $179 40 $6,720 0 $0 0 $0 0 $0 0 $0 16 $2,016 0 $0 57 $8,915
Findings and Recommendations
Updated inundation mapping
6.General coordination and consultation 0 $0 8 $1,432 16 $2,688 0 $0 $0 20 $3,600 8 $1,136 $0 0 $0 32 $8,856
Estimated as 2 meetings with City and Geotech
Additonal 2 coordination efforts with Geotech
Reimbursables Budget:
Total Engineering Services 0 $0 19 $3,401 94 $15,792 8 $1,304 20 $3,600 20 $3,600 64 $9,088 40 $5,040 16 $1,856 261 $43,681
DraftingSurvey Crew E.I.T.Survey
Control/MappingPMPE, Hydrologist Design
Technician
E. Crispin
Subtotal
L. Nyquist S. Pasztor H. Werlinger
Principal
Oversight
K. Goldsmith
Entitlement
Coordn
T. ClementsB. Fields M. Barber
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Goldsmith Civil
July 15, 2020
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City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Business Item 7J Meeting Date: July 28, 2020
Subject: Adoption of a Resolution Approving the Prepared by: Brandy Rinearson, MMC
Award of the Low Bidder and Authorize City Clerk
the Mayor to Execute an Agreement for Atty Routing No: Matter 5 - Clerk
the City’s Official Newspaper Atty Review Date: July 22, 2020
Summary: Since approximately May 2020, the City’s official newspaper – the Port Orchard Independent
has been exclusively publishing online. As a result, the paper does not meet the statutory requirements
for a qualified paper under state law. In order to meet the City’s statutory obligations, the City has also
been publishing in the Kitsap Sun, a qualified paper of general circulation that is publishing both online
and in print. RCW 35A.40.210 and 35.23.352(7) requires each city with a population less than 20,000 to
designate by Resolution an Official City Newspaper, and to select that paper via competitive bidding. The
newspaper shall be of general circulation within the city or town and shall have been published
regularly, at least once a week.
On June 9, 2020, this item was brought forward to Council for approval. During discussion, several
Councilmembers voiced concern with awarding the low bidder to a newspaper that does not have a
qualifying circulation to our citizens and to redefine the scope of circulation.
On June 23, 2020, Council rejected all bids, and directed the Mayor to modify the RFP to focus on
obtaining clear distribution numbers to ensure that the selected paper has enough circulation within the
City to constitute “general circulation” per RCW 65.16.020. In addition, the Council temporarily
appointed Kitsap Sun, a qualified newspaper of record, as the City’s official newspaper.
The City re-solicited for bids on July 8, 2020, for the City’s official newspaper and closed the bid on July
23, 2020. Based on the bids received, Kitsap Sun is the low bid.
Recommendation: N/A
Relationship to Comprehensive Plan: N/A
Recommended motion: I move to adopt a resolution awarding Kitsap Sun as the low bid, based on the
single line rate, per day, and authorize the Mayor to execute an agreement with Kitsap Sun as the City’s
Official Newspaper in a form acceptable to the City Attorney.
Fiscal Impact: Funds have been designated for publications as part of the 2019/2020 Biennial Budget.
Alternatives: None.
Attachments: Resolution, bid requirements, and bids received.
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RESOLUTION NO. ____
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, DESIGNATING
THE KITSAP SUN AS THE CITY’S NEWSPAPER OF RECORD.
WHEREAS, pursuant to RCW 35A.21.230, each code city shall designate a qualified
official newspaper by resolution, and the qualifications for a legal newspaper are set out in
RCW 65.16.020;
WHEREAS, pursuant to RCW 35.23.352(8) and RCW 35A.21.230, the City of Port
Orchard, as a non-charter code city with a population under 20,000, the City must select its
official newspaper of record by formal bid and the contract shall be awarded to the lowest
responsible bidder; and
WHEREAS, the City’s previous newspaper of record, selected via competitive bidding,
was the Port Orchard Independent; and
WHEREAS, the City had been using the services of the Port Orchard Independent
despite the fact that the paper is only publishing on-line due to the economic crisis resulting
from the COVID-19 pandemic and, in accordance with RCW 65.16.020 that paper is no longer
qualified to serve as the City’s newspaper of record; and
WHEREAS, in order to meet the statutory obligations for publishing notices and
legislation in a print media (as opposed to online only), the City had also been publishing all
notices in the Kitsap Sun, a qualified newspaper pursuant to RCW 65.16.020 with a general
circulation in the City, at a substantial cost to the City; and
WHEREAS, in May 2020, the City solicited bids for its newspaper of record, and received
two responses, including one from the Port Orchard Independent which is not a qualified paper
under RCW 65.16.020; and
WHEREAS, on June 23, 2020 the Council rejected all bids and directed staff to re-
advertise, modifying the advertisement to solicit additional information regarding circulation
within the City of Port Orchard to ensure the selected newspaper qualifies as a newspaper of
general circulation within the City, as required by RCW 65.16.020; and
WHEREAS, however, because the Port Orchard Independent was no longer qualified to
serve as the City’s newspaper, and due to the City’s emergent need to publish all actions,
including those that are COVID-19 related, the City temporarily appointed the Kitsap Sun, as the
newspaper of record; and
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Resolution No. ___
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WHEREAS, on July 8, 2020 the City re-solicited for bids for the City’s official newspaper and
closed the bid on July 23, 2020. Based on the bids received, Kitsap Sun is the low bid; and now,
therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above
are hereby adopted and incorporated as findings in support of this Resolution.
THAT: The Port Orchard City Council designates the Kitsap Sun as the official newspaper.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and
attested by the City Clerk in authentication of such passage on this 28th day of July 2020.
____________________________________
Robert Putaansuu, Mayor
ATTEST:
____________________________
Brandy Rinearson, MMC, City Clerk
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